Hesperia City Council
November 1, 2022

Tuesday, November 1, 2022
Meeting Agenda
Closed Session - 5:30 PM

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HOUSING AUTHORITY

COMMUNITY DEVELOPMENT COMMISSION

WATER DISTRICT
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.

B
rigit 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:

C
ity 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.

P
ublic 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.

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

Re
mote 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:
• Cal l (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.

• Contact information in your voicemail is optional, but will allow staff to easily follow up with you if necessary.

• Each 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.

November 1, 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 Legal Counsel - Potential Litigation:

Government Code Section 54956.9(d)2

1. One (1) Case
Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(d)1

1. Assistant Secretary for FHEO v. City of Hesperia, California, et al.; Case Number 09-16-4717-8
CALL TO ORDER - 6:30 PM
A. Invocation

November 1, 2022City Council Meeting Agenda
B. Pledge of Allegiance to the Flag
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. Recognition of WWII veteran, Mr. Ignatius Palmero for his service by City Council
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, October 18, 2022.

Recommended Action:

It
is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, October 18, 2022.

Staff Person: Assistant City Clerk Erin Baum
Draft CC Min 2022-10-18Attachments:

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

November 1, 2022City Council Meeting Agenda
report for the City, Successor Agency to the Hesperia Community Redevelopment
Agency, Hesperia Housing Authority, Community Development Commission, and Water District.

Staff Person: Director of Administrative Services Casey Brooksher SR Warrant Run 11-1-2022
Attachment 1 - Warrant Run
Attachments:

3. Treasurer’s Cash Report for the unaudited period ended August 31, 2022.

Recommended Action:

It
is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.

Staff Person: Director of Administrative Services Casey Brooksher SR Treasurer's Report 11-1-2022
Attachment 1 - Treasurer's Report
Attachments:

4. Fiscal Year 2021-22 Final Budget Amendments
Recommended Action:

It is recommended that the following resolutions be adopted, amending the respective Fiscal Year (FY) 2021-22 Budgets for the City of Hesperia, Hesperia Housing Authority, and the Hesperia Water District:
1) City of Hesperia No. 2022-73
2) Hesperia Housing Authority HHA 2022-08
3) Hesperia Water District Resolution HWD 2022-17
Staff Person: Director of Administrative Services Casey Brooksher SR FY 21-22 Final Budget Amendments 11-1-2022
Resolution 2022-73
Resolution HHA 2022-08
Resolution HWD 2022-17
Attachments:

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.

5. Amendments to Title 10 and Title 16 of the Hesperia Municipal Code Defining the terms “Undeveloped Lots, Tracts, and Parcels” in the Commercial Vehicle Parking and Truck Routes Program

November 1, 2022City Council Meeting Agenda
Recommended Action:

It
is recommended that the City Council introduce and place on first reading Ordinance No. 2022-14, amending Title 10 and Title 16 of the Hesperia Municipal Code to Define the terms “Undeveloped Lots, Tracts, and Parcels” in the commercial vehicle parking and truck routes program.

Staff Person: Administrative Analyst Jacquelyn Castillo SR Amendments to Title 10 & 16 of the Hesperia Municipal Code 11-1-2022 Ordinance 2022-14
Attachment 2 - Exhibit A - Title 10 - Truck Routes Program Attachment 3 - Exhibit A - Title 10 - Truck Routes Program Clean Copy Attachment 4 - Exhibit B - Title 16 - Parking and Loading Standards Attachment 5 - Exhibit B - Title 16 - Parking and Loading Standards Clean Copy Attachments:

6. Amendments to Title 5 and Title 8 of the Hesperia Municipal Code Related to the Voluntary Crime Free Program
Recommended Action:

It is recommended that the City Council introduce and place on first reading Ordinance No. 2022-15, amending Title 5 and Title 8 of the Hesperia Municipal Code related to the Voluntary Crime Free Program.

Staff Person: Administrative Analyst Jacqueline Castillo SR Amendment to Title 5 and Title 8 of the Hesperia Municipal Code 11-1-2022 Ordinance 2022-15
Attachment 2 - Exhibit A Title 5 Chapter 5.72
Attachment 3 - Exhibit B Title 8 Chapter 8.20
Attachments:

7. Adoption of Ordinance No. 2022-16 adopting the 2022 California Building Codes Recommended Action:

It
is recommended that the City receive Ordinance No. 2022-16, adopting changes to Hesperia Municipal Code Chapters 15.04 and 15.06; adopting and amending the following codes and their references: the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Fire Code, the 2022 California Green Building Standards Code, the 2022 California Referenced Standards Code, the 2022 California Energy Code, the 2022 California Historical Building Code, the 2022 California Administrative Code, and the 2022 California Existing Building Code (all hereafter referenced as the Building Codes) and hold a public hearing regarding this matter on November 1, 2022 and continue the hearing to November 15, 2022.

Staff Person: Deputy Community Development Director Mike Hearn

November 1, 2022City Council Meeting Agenda
SR 2022 California Building Codes 11-1-2022
Ordinance 2022-16
Attachment 2 - Exhibit A - Building Code Adoption Chapter 15.04 Attachment 3 - Exhibit B - Building Code Adoption Chapter 15.06 Attachments:

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, Erin Baum, Assistant City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Thursday, October 27, 2022 at 5:30 p.m. pursuant to California Government Code §54954.2.
_____________________________
Erin Baum,
Assistant 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, October 18, 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 - 5:00 PM
Roll Call

Present: 5 - Council Member Bird, Council Member Swanson, Mayor Pro Tem Holland, Council Member Gregg and Ma
yor Bennington
Conference with Legal Counsel - Potential Litigation: Government Code Section 54956.9(d)2

1. One (1) Case
Conference
with Legal Counsel – Existing Litigation; Government Code Section 54956.9(d)1

1. Assistant Secretary for FHEO v. City of Hesperia, California, et al.; Case Number 09-16-4717-8 Conference
with Real Property Negotiators – Property Negotiations: Government Code Section – 54956.8

1. Negotiating Parties: City of Hesperia and XMG Holdings LLC Location: APN 3039-441-20 Under Negotiat ion:

Price and Ter
ms
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
E.

Closed Session Reports by City Attorney
City Council Chambers
9700 Seventh Ave.

Hesperia CA, 92345

City of Hesperia
Announcements and presentations were heard prior to General Public Comment.

ANNOUNCEMENTS/PRESENTATIONS

1. Presentation on the Hesperia Rodeo Event by James Blocker of Hesperia Area Recreation District (HARD) Foundation

2. Recognition of
Julia Swanson
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Bob Nelson commented on speaking limits.

Daniel Krist commented on community issues.

Rebecca Daugherty commented on upcoming events.

Stephanie James commented on the Animal Shelter.

David Mylnarski commented on Council Member Holland.

JOINT CONSENT CALENDAR
A motion was made by Holland, seconded by Gregg, that the Joint Consent Calendar 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, October 4, 2022.

Recommended Action:

It is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, October 4, 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 July 31, 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. Network Switch Replacement
Recommended Action:

It is recommended that the City Council authorize the City Manager to enter into an agreement with

City of Hesperia
Pricon INC to purchase ten (10) network switches and associated licensing & peripherals in an amount not-to-exceed $83,649, to replace the City’s aging network switches with current and supported models.

Sponsors: Director of Administrative Services Casey Brooksher

5. Accept the Hesperia Park and Ride Facility Project (CO 6523) Recommended Action:

It is recommended that the City Council accept the Hesperia Park and Ride Facility project completed by
Vance Corporation (Constr
uction Order No. 6523); authorize staff to record a "Notice of Completion;" and release all with
held retention after 35 days from the date of recordation.

Sponsors: Management Analyst Jamie Carone

6. Adopt Resolution Declaring Property Owned by the City of Hesperia Community Development Comm
ission as “Exempt Surplus Land”
Recommended Action:

It is recommended that the Cit
y Council and Hesperia Community Development Commission adopt Resolution No. CDC
2022-02, declaring APN 0405-373-03 owned by the Hesperia Community Development Commission “Exempt Surplus Land” pursuant to government code 54221. This action is being perf
ormed in preparation for sale to the Hesperia Recreation and Park District at a later date.

Sponsors: Economic Development Manager Victor Knight

7. Eagle Hesperia Housing project Confirmation of Subordination in connection with $2,000,000 of Additional Bon
ds issued by Eagle Hesperia 55, L.P.

Recommended Action:

It is recommended that the Board of Directors of the Hesperia Housing Authority consider approving the Confirmation of Subordinati
on Agreement in connection with $2,000,000 of additional bonds being funded related t
o the Eagle Hesperia Affordable Housing Project.

Sponsors: City Attorney Pam K. Lee

NEW BUSINESS
Items 8 and 9 were considered in reverse order.

9. Repeal of Commercial Cannabis Program
Recommended Action:

It is recommended that the Council review the report and resolution, then consider adopting Resol ution No. 2022-75 prohibiting the r
enewal of any existing cannabis dispensary delivery permits and directing staff to draft or
dinances necessary to repeal the commercial cannabis program.

Sponsors: City Attorney Pam K. Lee
Public Comment via voicemail:

An unidentified Apple Valley resident commented in support of the resolution.

Jordan commented in opposition of the resolution.

Russell Tice commented in opposition of the resolution.

Jared Kowalski commented in opposition of the resolution.

Julia Zavala commented in opposition of the resolution.

An unidentified caller commented in opposition of the resolution.

Cynthia (in audible last name) commented in opposition of the resolution.

David Gallegos commented in opposition of the resolution.

William Torres commented in opposition of the resolution.

Gina Tibbets commented in opposition of the resolution.

Alexandria commented in opposition of the resolution.

City of Hesperia
Public Comment in attendance:

Rauj commented in opposition of the resolution.

Gordon Sattro commented in opposition of the resolution.

Tiffany Tarin commented in opposition of the resolution.

Sarkis Gevorkyan commented in opposition of the resolution.

Joshua Negrete commented in opposition of the resolution.

Rudy Negrete commented in opposition of the resolution.

Sheldon De Oliviera commented in opposition of the resolution.

Carlos De Oliviera commented in opposition of the resolution.

Dr. Dez Fedo- Reson commented in support of the resolution.

Stephanie James commented in opposition of the resolution.

Benal Valenzuela commented in opposition of the resolution.

Armen Poghosyan commented in opposition of the resolution.

Sabrina Aubrey commented in opposition of the resolution.

Brian Naveja commented in opposition of the resolution.

Rick Casas commented in opposition of the resolution.

Alex Torres commented in opposition of the resolution.

Mary Jane Rivera commented in opposition of the resolution.

Keith Schauwecker commented in opposition of the resolution.

Darrel Nickolaisen commented in opposition of the resolution.

Jeff Little commented on the resolution.

Rev. Brian Graley commented in support of the resolution.

Kelly Gregg commented in opposition of the resolution.

Cindy Del Angel commented in opposition of the resolution.

Fraces Schauwecker commented in opposition of the resolution.

Amy Dunlap commented in opposition of the resolution.

Meeting went into Recess
Meeting Reconvened
David Littlefield commented in support of the resolution.

A motion was made by Holland, seconded by Mayor Bennington, that this item be approved.

A s
ubstitute motion was made by Gregg, seconded by Swanson, that this item be approved as amended. The motion failed by the following vote:

Aye: 2 - Swanson and Gregg
Nay: 3 - Bird, Holland and Bennington
A motion was made by Holland, seconded by Mayor Bennington, that this item be approved as amended. The motion car
ried by the following vote:

Aye: 4 - Bird, Holland, Gregg, and Bennington
Nay: 1 - Swanson

8.Cannabis Tax Rate Resolution
Recommended Action:

It is recommended that the Council review the report and resolution, then consider adopting Resolution No. 2022-74 revising the p
ercentage of tax to be assessed on commercial cannabis businesses.

Sponsors: City Attorney Pam K. Lee

City of Hesperia
Public comment in attendance:

Joshua Negrete commented on the item.

William Symborski commented on the item.

Gordon Sattro commented on the item.

Carlos De Oliviera commented on the item.

A motion was made by Holland, seconded by Mayor Bennington, that this item be approved as amended. The
motion carried by the following vote:

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

COUNCIL COMMITTEE REPORTS AND COMMENTS
Meeting went into Recess
Meeting Reconvened
Council Member Swanson commented on the presentation honoring Julia Swanson, the State of the City address, attendance at the Association of San Bernardino County Special Districts meeting and changes to the Brown act, SBCTA meeting attendance, need for blood donations, requested a report on housing being built in the City, the fall weather and wished everyone a safe Halloween..

Council Member Bird commented on the State of the City address and Shining Star recipients, master of ceremonies Martial Haprov, VVTA meeting attendance, Sultana High Schools Key game and Burroughs victories, and the beginning of fall.

Council Member Gregg commented on recognition of his Shining Star nominee Eddie Cochera at State of the City address, recognized Fire and the Sheriff's department, reminded people to drive safely Mayor Pro-Tem Holland commented on the State of the City address, his tenure on the Council, Agenda item 9, and his honor serving the City.

Mayor Bennington commented on cannabis discussion and items distributed, the State of the County address, High Desert Education Summit, State of the City address, attendance at Sun City Cruisers event, future MDAQMD meeting attendance, recognized City Council Member elect Allison Lee in the audience, thanked staff, Fire, and Sheriffs, promoted pet adoption at the shelter, and her daughter's 20th birthday, and the passing of Addison Connelly.

CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
None.

ADJOURNMENT
The meeting was adjourned in celebration of Carliegh Bennington’s 20th birthday and in memory of Addision Connelly at 10:43 p.m.
_____________________________
Erin Baum,
Assistant City Clerk

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City of Hesperia

STAFF REPORT
DATE: November 01, 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 Plantillas, Accountant
SUBJECT: Warrant Run Report (City – Successor Agency – Housing Authority – Community Development Commission – Water)
RE

COMMENDED 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 for th e period September 24 , 2022 through October 7, 2022.

AT

TACHMENT(S)

1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $2,270,534.64 $288,248.70 $0.00 $2,558,783.34 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 171.00 190.03 0.00 361.03
Community Development Commission 0.00 0.00 0.00 0.00
Water 105,387.89 117,515.43 0.00 222,903.32
Totals $2,376,093.53 $405,954.16 $0.00 $2,782,047.69

YEAR-TO PRIOR FY YTD

W/E W/E WARRANT DATE DATE
FUND # FUND NAME 9/30/2022 10/7/2022 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 123,534.56$ 106,593.27$ 230,127.83$ -$ 9,945,008.80$ 8,982,289.48$ 200 HESPERIA FIRE DISTRICT -$ -$ -$ -$ -$ -$
204 MEASURE I - RENEWAL -$ 16,390.42$ 16,390.42$ -$ 173,443.94$ 65,505.60$ 207 LOCAL TRANSPORT-SB 325 -$ -$ -$ -$ 1,146.68$ 25,000.00$ 209 GAS TAX-RMRA -$ -$ -$ -$ -$ 67,468.24$
210 HFPD (PERS) -$ -$ -$ -$ 1,093,204.87$ 1,007,746.00$ 251 CDBG 4,482.01$ -$ 4,482.01$ -$ 40,178.81$ 391,163.23$ 254 AB2766 - TRANSIT -$ -$ -$ -$ -$ -$
256 ENVIRONMENTAL PROGRAMS GRANT 1.50$ 52.62$ 54.12$ -$ 11,883.37$ 12,519.27$ 257 NEIGHBORHOOD STABILIZATION PROG -$ -$ -$ -$ -$ -$ 258 CDBG-CV CARES ACT -$ -$ -$ -$ -$ -$
260 DISASTER PREPARED GRANT -$ -$ -$ -$ -$ -$
262 SB 13
83 LOCAL ASSISTANCE GRANT -$ -$ -$ -$ 5,000.00$ -$ 263 STREETS MAINTENANCE 92,136.76$ 19,068.23$ 111,204.99$ -$ 759,649.19$ 559,263.20$ 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 306,368.59$ -$ 306,368.59$ -$ 1,812,868.67$ 1,901.83$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ -$ -$ 6,888.17$ 313 DIF A-04 DRAINAGE -$ -$ -$ -$ -$ 959,049.00$
396 DEVELOPMENT IMPACT -$ -$ -$ -$ -$ -$
399 FEMA-
1203-DR (DISASTER) -$ -$ -$ -$ -$ -$
400 2004 STREETS -$ -$ -$ -$ -$ -$
401 CITY DEBT SERVICES -$ -$ -$ -$ -$ -$
402 WATER RIGHTS ACQUISITION -$ -$ -$ -$ 1,090,323.17$ 1,074,335.70$ 403 2013 REFUNDING LEASE REV BONDS -$ -$ -$ -$ 655,055.62$ 632,972.25$ 501 CFD 91-3 BELGATE -$ -$ -$ -$ -$ -$
504 CITY WIDE STREETS - CIP 940,154.92$ -$ 940,154.92$ -$ 3,566,844.49$ 78,014.78$ 509 CITY FACILITIES CIP -$ -$ -$ -$ -$ -$
800 EMPLOYEE BENEFITS 95,598.61$ 564,863.15$ 660,461.76$ -$ 2,839,785.97$ 2,119,990.60$ 801 TRUST/AGENCY 1,290.00$ -$ 1,290.00$ -$ 316,823.86$ 1,238,941.96$ 802 AD 91-1 AGENCY -$ -$ -$ -$ -$ -$
804 TR
UST-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 1,563,566.95$ 706,967.69$ 2,270, 534.64$ -$ 23,638, 365.20$ 18,596, 549.14$ 163 REDEVELOP OBLIG RETIREMENT-2018 -$ -$ -$ -$ 7,740,169.98$ 7,937,503.22$ SUCCESSOR AGENCY -$ -$ -$ -$ 7,740, 169.98$ 7,937, 503.22$ 370 HOUSING AUTHORITY -$ 171.00$ 171.00$ -$ 4,419.77$ 3,894.38$ HOUSING AUTHORITY -$ 171.00$ 171.00$ -$ 4,419. 77$ 3,894. 38$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ -$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ -$ 700 WATER OPERATING 35,318.68$ 60,371.76$ 95,690.44$ -$ 2,458,050.99$ 3,400,966.97$ 701 WATER CAPITAL -$ -$ -$ -$ 8,087.00$ 20,718.15$ 710 SEWER OPERATING 3,225.45$ 1,959.49$ 5,184.94$ -$ 1,248,972.19$ 1,229,137.51$ 711 SEWER CAPITAL -$ 4,385.85$ 4,385.85$ -$ 148,179.21$ 148,077.37$ 713 SEWER CAPITAL REHAB AND REPLACE -$ -$ -$ -$ -$ -$ 720 RECLAIMED WATER OPERATIONS -$ 126.66$ 126.66$ -$ 5,141.65$ 755.46$ WATER 38,544.13$ 66,843.76$ 105,387. 89$ -$ 3,868, 431.04$ 4,799, 655.46$ ACCOUNTS PAYABLE TOTAL 1,602,111.08$ 773,982.45$ 2,376, 093.53$ -$ 35,251, 385.99$ 31,337, 602.20$ REG. PAYROLL
City 288,248.70$ -$ 288,248.70$ -$ 1,912,551.11$ 1,681,417.48$ Housing Authority 190.03$ -$ 190.03$ -$ 1,284.16$ 745.24$ Water 117,515.43$ -$ 117,515.43$ -$ 785,706.24$ 715,905.11$ PAYROLL TOTAL 405,954.16$ -$ 405,954.16$ -$ 2,699,541.51$ 2,398,067.83$ City of Hesperia

WARRANT RUNS
09/24/2022-10/07/2022
*No payments were issued on July 1, 2022.

Attachment 1

City of Hesperia

STAFF REPORT
DATE: November 1, 2022
TO: Mayor and Council Members
City Council, Serving 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
Jacob Weatherbie, Accountant
SUBJECT: Treasurer’s Cash Report for the unaudited period ended August 31, 2022.

RECOMMENDED ACTION
It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.

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

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

FISCAL IMPACT
These reports reflect unaudited cash balances as of August 31, 2022.

ALTERNATIVE(S)
Provide alternative direction to staff.

ATTACHMENT(S)

1. City of Hesperia Investment Report

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

3. Hesperia Housing Authority Investment Report

4. Community Development Commission Investment Report

5. Hesperia Water District Investment Report

Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
November 1, 2022

FUND VALUE
General Fund (100 & 800) 15,171,666.81
Pension Obligation Trust (105) 4,002,300.30
HFPD (PERS) (210) 2,217,703.84
AB27666 - Transit (254) 23,975.56
AB3229 Supplemental Law (255) 116,979.32
AD No. 91-1 (802) 373,479.67
Beverage Recycling Grant (256) 241,365.47
CFD 2005-1 (807) 623,710.65
HFPD Transition (808) 13,775.86
City Wide-Capital Projects (504) (3,821,682.92)
Community Dev Block Grant (251, 252, & 253) 711,693.06
American Rescue Plan Grant (261) 11,738,870.96
SB 1383 Local Assistance Grant (262) 136,474.44
Development Impact Fund (300-304) 5,603,125.53
Development Impact Fund 2018 (306-312) 12,970,245.48
Development Impact Fund A-04 Drainage (313) 132,211.75
Disaster (260) 44,287.87
Gas Tax Fund (205) 1,205,551.12
Gas Tax - RMRA (209) 2,824,312.35
Gas Tax Swap (206) 982,439.16
Local Transportation SB325 (207) 2,270,614.13
Measure I - Renewal (204) 7,995,827.95
Neighborhood Stabilization Prog (257) 3,191,602.81
Public Works Street Maint (263) 518,089.65
Trust Fund (801, 803-806, & 815) 2,005,586.87
2012 Water Rights Acquisition (402) 1,628,175.31
2013 Refunding Lease Rev Bonds (403) 1,938,681.66
TOTAL CITY FUNDS 74,861,064.66$

CITY OF HESPERIA

Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
November 1, 2022

FUND VALUE
RORF Retention - (163) 250,259.19$

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

FUND VALUE
Hesperia Housing Authority Fund (370) 3,355,317.62$
VVEDA Housing Authority (371) 1,826,700.84
TOTAL HOUSING AUTHORITY FUNDS 5,182,018.46$

HESPERIA HOUSING AUTHORITY

FUND VALUE
Community Development Commission Fund (170) (600,672.50)$

COMMUNITY DEVELOPMENT COMMISSION

Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
November 1, 2022
VALUE
Water Operating (700) 10,866,469.41$
Water Capital (701) (2,868,613.72)
Water Capital Rehab and Replace (703) 1,925,645.29
Water Contamination Mitigation (704) 2,421,558.87
Sewer Operating (710) 12,864,454.74
Sewer Capital (711) 3,529,874.21
Sewer Capital Rehab and Replace (713) 742,552.26
Reclaimed Water Operations (720) (188,484.25)
TOTAL WATER FUNDS 29,293,456.81$
1 WATER
FUND

Institution/
Type of Investment Fiscal Agent
Interest
Rate
City of Hesperia
Investment Report
Unaudited
August 31, 2022
Date of
Purchase
Date of
Maturity
Par Value
at Maturity
Book
Value
Market
Value
Investments under the direct_io_n_o_f_th_e_C_it~y_: ---~------~- -~-- Local Agency Investment Funds State of Calif. 1.276% ..._J_!-Aug-22 Demand $ 70,476,45~ 70,476,450.10 70,476,450.10 I Local Bank Checking Accounts U.S. Bank n/a 31-Aug-22 Demand 4,384,614.56 I 4,384,614.56 4,384,614.56 l Total Unaudited Investments under the direction of the City $ 74,861,064.66 $ 74,861,064.66 $ 74,861,064.66 Investments under the direction of fiscal agents:

ATTACHMENT 1
Account
Descrip_tion
~ ease Reve - ·
~ 12 Lease Reve
~ 12 Lease Reve
I 0.140% 31-Aug-22 Demand 14.35 14.35 14.35 2012 - Water Rights Revenue Fund - 1 0.125% 31-Aug-22 1 Demand 1,456,435.82 _. 1,456,435.82 1,456,435.82 2012 - Water Rights Reserve Fund

0.000% 31-Aug-22 Demand 0.31 0.31 0.31 2012 - Water Rights Surplus Revenue Fund

0.103% 31-Aug-22 Demand 19.38 19.38 19.38 2005 Civic Plaza-Revenue Fund aase Revenue Bonds • US Bank - 0.125% 31-Aug-22 Demand 1,153,254.09 1,153,254.09 1,153,254.09 2005 Civic Plaza - Reserve Fund ease Revenue Bonds US Bank 0.000% 31-Aug-22 Demand 0.31 0.31 0.31 2005 Civic Plaza - Surplus Rev Fund Refunding US Bank 0.000% 31-Aug-22 Demand 0.05 0.05 0.05 2014 CFO 05-1 - Special Tax Fund ~ I Refunding US Bank 0.436% 31-Aug-22 Demand 967,196.81 967,196.81 967,196.81 2014 CFD 05-1- Bond Fund 2013 Refunding L
2013 Refunding~
2013 Refunding L
2014 CFD 2005-
2014 CFO 2005-
2014 CFD 2005-
2014 CFD 2005-
Deposits - Worke
Sully Miller Reten
I Refunding US Bank 0.125% 31-Aug-22 Demand 1,428,212.50 1,428,212.50 1,428,212.50 2014 CFO 05-1-Reserve Fund I Refunding US Bank 0.125% 31-Aug-22 Demand I 23,960.52 23,960.52 23,960.52 2014 CFO 05-1 Administrative Exp~se Bonds ·s' Comp PERMA n/a 31-Aug-22 n/a 542,901.06 542,901.06 542,901.06 GL 1352 lion - Ranchero _ US Bank 0.000% _ 31-Aug-22 n/a - - - Ranchero Road - Escrow Account Total Unaudited Investments under the direction of fiscal agents $ 5,571,995.20 5,571,995.20 Please Note: All market value data is provided courtesy of the City's fiscal agent, US Bank.

I certify that this investment portfolio is in compliance with the statement of investment policy of the City of Hesperia and the investment program provides sufficient liquidity to meet expenditure requirements for the next six months, as required by the California Government Code sections 53646(b)(2) and (3), respectively. 5,571,995.20
• Note: 2005 Certificates of Participation began in May 2005 for the finacing of the Civic Plaza. ~~ant
City.xlsx

Issuer/
Type of Investment Institution
Investments under the direction of the City:

Local Agency Investment Funds State of Calif.

Local Bank Checking Accounts U.S. Bank
Successor Agency to the Redevelopment Agency
Investment Report
Unaudited
August 31, 2022
Interest Date of Date of Par Value Book
Rate Purchase Maturity at Maturity Value

1.276% 31-Aug-22 Demand $ 235,601.50 $ 235,601.50
n/a .I 31-Aug-22 Demand 14,657.69 14,657.69
Total Unaudited Investments under the direction of the City $ 250,259.19 $ 250,259.19 $ Investments under the direction of fiscal agents:

Market
Value
235,601.50
14,657.69
250,259.19
--

0.03 I -- ~ --
2018 Refunding Bonds , _ US Bank . 0.000% 31-Aug-
2018 Refunding Bonds I US Bank ~ .145% 31-Aug-
1 2018 Refunding Bonds US Bank . 0.000% I 31-Aug-
2018 Refunding Bonds US Bank 0.000% 31-Aug-
22 Demand 0.03 0.03
22 Demand 2,055,190.64 2,055,190.64 2,055,190.64
22 Demand 5,685,000.00 5,685,000.00 5,685,000.00 -
22 Demand 1.00 1.00 1.00
Total Unaudited Investments under the direction of fiscal agents $ 7,740,191.67 $ 7,740,191.67 $ 7,740,191.67 Please Note: All market value data is provided courtesy of the City's fiscal agent US Bank.

The 2018 Refunding Bonds are supported by a $9,799,443.76 bond insurance policy.

I certify that this investment portfolio is in compliance with the statement of investment policy of the City of Hesperia and the investment program provides sufficient liquidity to meet expenditure requirements for the next six months, ATTACHMENT 2
Account
Description
2018A & 2018B - Debt S
2018A & 2018B - lnteres
2018A & 2018B-Princip
2018A & 2018B - Reser.
ervice Account
Account
al Account ----<
e Account
~ -
as required by the California Government Code sections 53646(b}(2} and (3}, respectively. ~ / / • Note: The 2005 and 2007 Series Bonds were refinanced to 2018 Series Bonds in November 2018. -Vi~m-g~in.,c..a- Vi"""",-'-"ffa-s~e~n-o-,,~s-e~n-io~,-A-c_c_o_un_t_a-nt Successor-RDA.xlsx

TY.Qe of Investment
Hesperia Housing Authority
Investment Report
Unaudited
August 31, 2022
Issuer/
Institution
Interest
Rate
Date of Date of
Purchase Maturi!Y
Investments under the direction of the City:

Local Agency Investment Funds State of California 1.276% r 31-Aug-22 Local Bank Checking Accounts U.S. Bank n/a , 31-Aug-22
Total Unaudited Investments under the direction of the City Demand
Demand
Par Value
at Maturity
ATTACHMENT 3
Book
Value
Market
Value
$ 4,878,507.50 I 4,878,507.50 4,878,507.50 I
303,510.96 303,510.96 ] 303,510.96
$ 5,182,018.46 $ 5,182,018.46 $ 5,182,018.46
I certify that this investment portfolio is in compliance with the statement of investment policy of the City of Hesperia and the investment program provides sufficient liquidity to meet expenditure requirements for the next six months, as required by the California Government Code sections 53646(b)(2) and (3), respectively. '-~-
Virginia Villasenor, Senior Accountant
Housing Authority.xlsx

TY.Qe of Investment
Hesperia Community Development Commission
Investment Report
Unaudited
Issuer/
Institution
August 31, 2022
Date of Date of Interest
Rate Purchase Maturi.ty
Par Value
at Maturi.ty
Investments under the direction of the City:

I
Local Agency Investment Funds [ State of California 1.276% 31-Aug-22 Local Bank Checking Accounts . U.S. Bank n/a 31-Aug-22
Demand l $ (565,491.101
Demand (35,181.40)
Total Unaudited Investments under the direction of the City $ (600,672.50) $ I certify that this investment portfolio is in compliance with the statement of investment policy of the City of Hesperia and the investment program provides sufficient liquidity to meet expenditure requirements for the next six months, as required by the California Government Code sections 53646(b)(2) and (3), respectively.

ATTACHMENT 4
Book
Value
(565,491.10)
(35,181.40)
(600,672.50) $
Market
Value
(565,491.1 O)]
(35, 181.40)"1
(600,672.50)
,,. ~~41 1 t v 1rgm1a , asenor, emor ccoun an
Community Develop.xlsx

Tyg_e of Investment
Investments under the direction of the City:

Issuer/
Institution
Hesperia Water District
Investment Report
Unaudited
August 31, 2022
Interest Date of Date of
Rate Purchase Maturity
Par Value
at Maturity
Local Agency Investment Funds State of California 1.276% 31-Aug-22 Demand $ 27,577,738.26 Local Bank Checking Accounts U.S. Bank n/a 31-Aug-22 Demand 1,715,718.55 Book
Value
27,577,738.26
1,715,718.55
ATTACHMENT 5
Market
Value
27,577,738.26
1,715,718.55
Account
Descrig_tion
Total Unaudited Investments under the direction of the City $ 29,293,456.81 $ 29,293,456.81 $ 29,293,456.81 Investments under the direction of fiscal agents:

I Deposits -Workers' Comp r PERMA n/a 31-Aug-22 I n/a ] 877,475.29 Total Unaudited Investments under the direction of fiscal agents $ 877,475.29 $ Please Note: All market value data is provided courtesy of the City's fiscal agent, US Bank.

I certify that this investment portfolio is in compliance with the statement of investment policy of the City of Hesperia and the investment program provides sufficient liquidity to meet expenditure requirements for the next six months, as required by the California Government Code sections 53646(b)(2) and (3), respectively. 877,475.29 I 877,475.29 IGL 1352
877,475.29 $ 877,475.29
z~{i;; o, Accountant
Water.xlsx

THIS PAGE LEFT INTENTIONALLY BLANK

City of Hesperia

STAFF REPORT
DATE: November 1, 2022
TO: Mayor and Council Members
Chair and Board Members, Hesperia Housing Authority
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Lorraine Carmona, Budget/Finance Specialist
SUBJECT: Fiscal Year 2021-22 Final Budget Amendments

RECOMMENDED ACTION
It is recommended that the following resolutions be adopted, amending the respective Fiscal Year (FY) 2021-22 Budgets for the City of Hesperia , Hesperia Housing Authority, and the Hesperia Water District:
1) City of Hesperia No. 2022-73
2) Hesperia Housing Authority HHA 2022-08
3) Hesperia Water District Resolution HWD 2022-17

BACKGROUND
In compliance with the City Council’s policy direction, staff has reviewed expenditures through the end of FY 2021-22, and has determined that the City of Hesperia, Hesperia Housing Authority, and Hesperia Water District will require year-end budget adjustments.

ISSUES/ANALYSIS
The analysis of expenditures through the end of FY 2021-22 indicates that the following budget amendment requests should be considered:

General Fund (100)
 Operating Transfer Out for Pension Obligation Trust – $4,000,000 As identified in the May 17, 2022 Budget Workshop, Fund 105 Pension Obligation Trust has been created to establish, manage, and mitigate the CalPERS unfunded pension liability.

This transfer moved the funds to establish the trust to fund the CalPERS pension obligation.

Development Impact Fee–Public Services (304)
 DIF Public Services 304 to DIF City Hall Facilities 309 Transition – $1,461 In May 2018, the City Council approved a D evelopment Impact Fee (DIF) Study and rate structure for new development, which took effect in July 2018. As such DIF 2018 City Hall Facilities Fund 309 was created to account for the new development under the 2018 rates.

Existing projects that were in various stages of construction were able to continue under the previous DIF 304. Therefore, the income from operations under DIF 304 need s to be transitioned to the new DIF 309.

Staff Report to the Mayor and Boards of the Hesperia Housing Authority and Hesperia Water District Final Budget Amendments for Fiscal Year (FY) 2021-22
November 1, 2022
Development Impact Fee 2018 – City Hall Facilities (309)  DIF 2018 – City Hall Facilities Reduction in Advances from General Fund – $400,000 Annually, the General Fund has advanced funds to DIF Public Services/City Hall Facilities for the DIF share of debt service on the 2013 Civic Plaza Refunding Lease Revenue Bonds in advance of development. After the FY 2021-22 General Fund advance of $870,000, an analysis was performed of Fund 309 operations for FY 2021-22 and it was determined that based upon current and anticipated development, funding in the amount of $400,000 was available to be returned to the General Fund, reducing the overall FY 2021-22 advance from the General Fund to $470,000.

Hesperia Housing Authority (HHA) (370)
 Reimbursement to NSP Program – $305,588
During F iscal Year (FY) 2008 -09 through F Y 20 21-22, t he Neighborhood Stabilization Program (NSP) Grant provided emergency assistance to stabilize communities with high rates of abandoned and foreclosed homes, and assisted income restricted households consistent with Low and Moderate Income Housing purposes. With closing out NSP, the expenditures incurred during the administration of the grant were in excess of the NSP administrative cap allowance , therefore approval to reimburse NSP from HHA funds is requested.

Water Operating (700)
 Utility Billing – Water Arrearages Grant Expenditures – $445,362 During FY 2021-22, the State Water Resources Control Board provided grant funds to the Hesperia Water District for use in applying to delinquent water accounts meeting the grant requirements. This request is to allocate funding for the grant expenditures which was offset by the grant revenue that was received.

Sewer Operating (710)
 Wastewater – $210,030
The Water District’s actual million gallons of flow was 808.311 as compared to the projected budget of 758.712 million gallons. Approval to cover the actual million gallons of total flow is being requested.
 Utility Billing – Wastewater Arrearages Grant Expenditures – $82,662 During FY 2021-22, the State Water Resources Control Board provided grant funds to the Hesperia Water District for use in applying to delinquent sewer accounts meeting the grant requirements. This request is to allocate funding for the grant expenditures which was offset by the grant revenue that was received.

City Engineering Services
Consistent with Joint Resolution 2018 -06, budgeted funding for the City’s engineering services contract with TKE Engineering was identified in the FY 2021-22 Operating Budget in the amount of $460,000, and FY 2021 -22 engineering expenditures for operating purposes were within the operating budget, at $396,049. While the overall FY 2021-22 Capital Improvement Program (CIP) Budget was sufficient to fund capital project expenditures, contract engineering costs were not specifically identified in the CIP Budge t. As such, notification is provided that TKE Engineering services in the amount of $361,453 were incurred during FY 2021-22 related to CIP projects and

Staff Report to the Mayor and Boards of the Hesperia Housing Authority and Hesperia Water District Final Budget Amendments for Fiscal Year (FY) 2021-22
November 1, 2022

for services provided through trust fu nding. As sufficient budget exists within the respective funding sources for the City’s CIP projects during FY 2021 -22, a budget amendment related to engineering services is not needed.

FISCAL IMPACT

The proposed Final Fiscal Year 2021-22 Budget Amendments will be funded from a combination of revenues received, operating transfers, and the use of reserves.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENTS

1. Resolution No. 2022-73

2. Resolution HHA 2022-08

3. Resolution HWD 2022-17

RESOLUTION NO. 2022-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING THE FISCAL YEAR 2021-22 CITY OF HESPERIA

BUDGET TO FUND CERTAIN RELATED EXPENDITURES
WHEREAS, the City Council of the City of Hesperia adopted the Fiscal Year (FY) 2021-22 Budget on June 15, 2021; and
WHEREAS, the City Council of the City of Hesperia has authorized various amendments to the FY 2021-22 Budget throughout the year; and
WHEREAS, the City Council of the City of Hesperia has reviewed the p roposed FY 2021-22 final budget amendments information and analysis and has found it acceptable.

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

Section 1. That the recitals above are true and correct and adopted as findings.

Section 2. That the City Council of the City of Hesperia approves the FY 2021-22 final budget amendments.

Section 3. That the City Council of the City of Hesperia approves the budget amendments with the following expenditure appropriations from the funds noted below:

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 this 1st day of November 2022.
___________________________________
Brigit Bennington, Mayor
ATTEST:
___________________________________
______________________________
Erin Baum, Assistant City Clerk
 General Fund (100) – Operating Transfer Out to Fund 105 Pension Obligation Trust
$4,000,000
 Development Impact Fee (DIF)-Public Services (304) – Fund 304 to Fund 309 Transition
1,461
 DIF 2018-City Hall Facilities (309) transfer to General Fund 100 to reduce advances
400,000
Total $4,401,461

RESOLUTION HHA 2022-08

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HESPERIA

HOUSING AUTHORITY, CITY OF HESPERIA, CALIFORNIA, AMENDING THE FISCAL YEAR 2021-22 BUDGET TO FUND CERTAIN RELATED

EXPENDITURES
WHEREAS, the Board of Directors of the Hesperia Housing Authority (HHA) adopted the Fiscal Year (FY) 2021-22 Budget on June 15, 2021; and
WHEREAS, the Hesperia Housing Authority Board has authorized various amendments to the FY 2021-22 Budget throughout the year; and
WHEREAS, the Hesperia Housing Authority Board has reviewed the proposed FY 2021-22 final budget amendment information and analysis and have found it acceptable.

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

Section 1. That the recitals above are true and correct and adopted as findings.

Section 2. That the Board of Directors of the Hesperia Housing Authority approve the FY 2021-22 final budget amendments.

Section 3. That the Board of Directors approve the budget amendment with the following expenditure appropriations from the fund noted below:
 Hesperia Housing Authority (370) – Reimbursement to
Neighborhood Stabilization Program (NSP)
$305,588
Section 4. That the Secretary of the Housing Authority shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED this 1st day of November 2022.
_________________________________________
Brigit Bennington, Chair
ATTEST:
_______________________________
Erin Baum, Secretary to the Board

RESOLUTION NO. HWD 2022-17

A RESOLUTION OF THE HESPERIA WATER DISTRICT OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING THE FISCAL YEAR 2021-22

HESPERIA WATER DISTRICT BUDGET TO FUND CERTAIN RELATED

EXPENDITURES
WHEREAS, the Board of Directors of the Hesper ia Water District adopted the Fiscal Year (FY) 2021-22 Budget on June 15, 2021; and
WHEREAS, the Board of Directors of the Hesperia Water District has authorized various amendments to the FY 2021-22 Budget throughout the year; and WHEREAS, the Board of Directors of the Hesperia Water District has reviewed the proposed FY 2021-22 final budget amendment information and analysis and have found it acceptable.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS O F THE HESPERIA WATER DISTRICT AS FOLLOWS:

Section 1. That the recitals above are true and correct and adopted as findings.

Section 2. That the Board of Directors of the Hesperia Water District approve the FY 2021-22 final budget amendments.

Section 3. That the Board of Directors approve the budget amendment with the following expenditure appropriations from the fund noted below:
 Utility Billing – Water Arrearages Grant Program
(700-4060)
$445,362
 Utilities Wastewater (710-4200) 210,030
 Utility Billing – Wastewater Arrearages Grant
Program (710-4060)
82,662
Total $738,054
Section 4. That the Board Secretary shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED this 1st day of November 2022.
_________________________________________
Brigit Bennington, Chair
ATTEST:
_______________________________
Erin Baum, Secretary to the Board

City of Hesperia

STAFF REPORT
DATE: October 18, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Melinda Sayre, Director of Government Services/City Clerk Jacquelyn Castillo, Administrative Analyst
SUBJECT: Amendments to Title 10 and Title 16 of the Hesperia Municipal Code Defining the terms “Undeveloped Lots, Tracts, and Parcels” in the Commercial Vehicle Parking and Truck Routes Program
RE

COMMENDED ACTION
I
t is recommended that the City Council introduce and place on first reading Ordinance No. 2022-14, amending Title 10 and Title 16 of the Hesperia Municipal Code to Define the terms “Undeveloped Lots, Tracts, and Parcels” in the commercial vehicle parking and truck routes program.

BACKG
ROUND
O
n January 5, 2021, the City Council introduced Ordinance No. 2020-13, implementing a program related to the regulation of commercial vehicle parking and a truck routes program.

I

SSUES/ANALYSIS
F
or the Sheriff’s Department to issue certain citations to commercial vehicle drivers violating the City’s parking standards, Title 10, Chapter 10.25 – Truck Routes Program and Title 16, Chapter

16.20 General Regulations with respect to Article IV, Parking and Loading Standards , require revisions to explicitly define “Undeveloped Lots, Tracts, and Parcels” and further require additions to prohibit commercial vehicles from parking on private property, including developed and undeveloped lots in residential and non-residential areas, except as allowable.

A

LTERNATIVE(S)

1. P
rovide alternative direction to staff.

AT

TACHMENT(S)

1. Ord
inance 2022-14

2. Exhibit A – Title 10 – Truck Routes Program

3. Exhibit A – Title 10 - Truck Routes Program Clean Copy

4. Exhibit B – Title 16 – Parking and Loading Standards

5. Exhibit B – Title 16 – Parking and Loading Standards Clean Copy

01071.0011/473404.2
ORDINANCE NO. 2022-14

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING TITLE 16 , CHAPTER 16.20 OF THE HESPERIA

MUNCIPAL CODE MODIFY ING THE RESIDENTIAL AND NON -RESIDENTIAL PARKING STANDARDS, A ND AMENDING TITLE 10 , CHAPTER 10.2 5 OF THE HESPERIA MUNICIPAL CODE RELATED TO A TRUCK ROUTE PROGRAM.

WHEREAS, the City of Hesperia has the authority and responsibility to protect the public health, safety, and welfare; and
WHEREAS, Title 16 , Chapter 16.20 of the Hesperia Municipal Code c ontains residential and non-residential parking standards, specific to commercial vehicles; and WHEREAS, Title 10, Chapter 10.25 of the Hesperia Municipal Code contains provisions for a truck route program, specific to commercial vehicles, and; WHEREAS, the City Council desires to cite commercial vehicle drivers for violating the City’s parking standards; and
WHEREAS, modifications to Title 10, Chapter 10.25 are needed to explicitly define undeveloped lots, tracts, or parcels; and
WHEREAS, modifications to Title 16, Chapter 16.20 are needed to explicitly prohibit commercial vehicles from parking on private property, including developed and undeveloped lots in residential and non-residential areas, except as allowable; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE HESPERIA CITY COUNCIL DOES ORDAIN AS FOLLOWS:

Section 1. All of the facts set forth in the forgoing recitals are true, correct and are adopted as findings.

Section 3. Title 16, Chapter 16.20 of the Hesperia Municipal Code is hereby amended as set forth in Exhibit “A”, attached hereto.

Section 4. Tile 10 Chapter 10.25 of the Hesperia Municipal Code is hereby amended as set forth in Exhibit “B”, attached hereto.

Section 5. This Ordinance shall take effect on November 18, 2022.

Section 8. The City Council of the City of Hesperia hereby declares that should any provision, section, paragr aph, sentence, or word of this Ordinance hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by any reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words shall remain in full force and effect.

Section 9. The City Clerk shall ce rtify to the adoption of the Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution 93-78.

Ordinance No. 2022-14

01071.0011/473404.2
ADOPTED AND APPROVED this 18th Day of October, 2022
Brigit Bennington, Mayor/Chair
ATTEST:

Erin Baum, Assistant City Clerk

Exhibit A: Title 10 – Truck Routes Program

10.25.055 – Parking Commercial Vehicles Off the Truck Route Prohibited A. It is unlawful for any person to park or permit to be parked any commercial vehicle on any private pro perty, developed or undeveloped (i.e ., lots, tracts, or parcels) off the designated truck route except as allowable in section 10.25.110 of this chapter.

B. Private property owners are not permitted to authorize parking of commercial vehicles on private property, developed or undeveloped (i.e., lots, tracts, or parcels), except as allowable in section 10.25 .110 of this chapter.

Exhibit A: Title 10 – Truck Routes Program - “Clean Copy”

10.25.055 – Parking Commercial Vehicles Off the Truck Route Prohibited A. It is unlawful for any person to park or permit to be parked any commercial vehicle on any private property, developed or undeveloped (i.e ., lots, tracts, or parcels) off the designated truck route except as allowable in section 10.25.110 of this chapter .

B. Private property owners are not permitted to authorize parking of commercial vehicles on private property, developed or undeveloped (i.e., lots, tracts, or parcels), except as allowable in section 10.25.110 of this chapter.

Exhibit B: Title 16 – Parking and Loading Standards

16.20.085 - Parking standards.

DD. Definitions. The following words and phrases shall have the meanings as ascribed to them by this section:
“Undeveloped lot, tract or parcel” means any share, portion or division of real estate on which no structure requiring a building permit exists and which may be further developed or subdivided in accordance with the city’s zoning regulations. For the purposes of this chapter, lots, tracts or parcels that are in the process of being developed with an approved development permit are considered undeveloped.

Exhibit B: Title 16 – Parking and Loading Standards – “Clean Copy”

16.20.085 - Parking standards.

DD. Definitions. The following words and phrases shall have the meanings as ascribed to them by this section:
“Undeveloped lot, tract or parcel” means any share, portion or division of real estate on which no structure requiring a building permit exists and which may be further developed or subdivided in accordance with the city’s zoning regulations. For the purposes of this chapter, lots, tracts or parcels that are in the process of being developed with an approved development permit are considered undeveloped.

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City of Hesperia

STAFF REPORT
DATE: November 1, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Melinda Sayre, Director of Government Services/City Clerk Jacquelyn Castillo, Administrative Analyst
SUBJECT: Amendments to Title 5 and Title 8 of the Hesperia Municipal Code Related to the Voluntary Crime Free Program

RECOMMENDED ACTION
It is recommended that the City Council introduce and place on first reading Ordinance No. 2022-15, amending Title 5 and Title 8 of the Hesperia Municipal Code related to the Voluntary Crime Free Program.

BACKGROUND
In 2015, the City Council adopted Ordinance No. 2015-12 which established a “Crime Free Rental Housing Program” (“Crime Free Program”). The Crime Free Program was designed to address the disproportionate calls for service and crime emanating from rental pr operties. Among other requirements, the Crime Free Program provided mandatory prospective tenant screenings, mandatory use of a Crime Free Lease Addendum and mandatory evictions of tenants who violate criminal laws and the crime free lease addendum.

In 2 017, the City Council adopted Ordinance 2017 -13 modifying the Crime Free Program.

Modifications included removing the mandatory prospective tenant screenings, mandatory use of a Crime Free Lease Addendum and mandatory evictions of tenants who violate crim inal laws and the crime free lease addendum, but kept the mandatory registrations of rental properties in the City.

ISSUES/ANALYSIS
The enforcement of the Crime Free Rental Housing ordinance officially ended on January 19th 2021 with the adoption of Ordinance No. 2020-14. Since the Crime Free Program was receded, staff recommends revising Title 5 and Title 8 of the Hesperia Municipal Code, to remove any references to the Program, as follows:

Recommended changes to Title 5 – Business License and Regulations  Under Section 5.72.070(A)(1)(k) – Registration Requirements – remove reference to registration requirements for Hesperia Crime Free.
 Remove Section 5.72.100 - Crime Free Program.
 Remove Section 5.72.120 – Crime Prevention through Environmental Design (CPTED) Requirements.
 Revise section numbering to align with recommended revisions.

Staff Report to the Mayor and Council Members
Amendments to Title 5 and Title 8 of the Hesperia Municipal Code Related to th e Crime Free Program November 1, 2022

Recommended changes to Title 8 – Health and Safety
 Remove Chapter 8.20 Crime Free Rental Housing Program in its entirety

Recommended changes to Code Comparative Table and Disposition List  Remove reference to Crime Free in the listing

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Ordinance 2022-15

2. Exhibit A – Title 5 – Business License and Regulations

3. Exhibit B – Title 8 – Health and Safety

01071.0011/473404.2
ORDINANCE NO. 2022-15

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.72 OF THE HESPERIA MUNCIPAL CODE, AND AMENDING TITLE 8, CHAPTER 8.20 OF THE HESPERIA MUN ICIPAL CODE RELATED TO THE CRIME FREE PROGRAM.

WHEREAS, in 2015, the City Council adopted Ordinance No. 2015 -12 which established a “Crime Free Rental Housing Program” (“Crime Free Program”); and

WHEREAS, in 2017 , the City Council adopted Ordinance 2017 -13 modifying the Crime Free Program; and

WHEREAS, the Crime Free Program ordinance officially ended on January 19 , 2021 with the adoption of Ordinance No. 2020-14; and

WHEREAS, Title 5, Chapter 5.72 of the Hesperia Municipal Code c ontains references to registration requirements for the Crime Free Program; and

WHEREAS, Title 8, Chapter 8.20 of the Hesperia Municipal Code contains provisions for the Crime Free Program, and;

WHEREAS, amendments to Title 5, Chap ter 5.72 and Ti tle 8, Chapter 8.20 are needed to remove references to the Crime Free Program as the program has been repealed; and

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

NOW THEREFORE, THE HESPERIA CITY COUNCIL DOES ORDAIN AS FOLLOWS:

Section 1. All of the facts set forth in the forgoing recitals are true, corre ct and are adopted as findings.

Section 3. Title 5, Chapter 5.72 of the Hesperia Municipal Code is hereby am ended as set forth in Exhibit “A”, attached hereto.

Section 4. Ti tle 8, Chapter 8.20 of the Hesperia Municipal Code is hereby ame nded as set forth in Exhibit “B”, attached hereto.

Section 5. This Ordinance shall take effect on December 1, 2022.

Section 8. The City Council of the City of Hesperia hereby declares that should any provision, section, paragr aph, sentence, or word o f this Ordinance hereby adopted be rendered or declared invalid by any final court action i n a court of competent jurisdiction, or by any reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words shall remain in full force and effect.

Section 9. The City Clerk shall ce rtify to the adoption of the Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution 93-78.

Ordinance No. 2022-15

01071.0011/473404.2
ADOPTED AND APPROVED this 1st Day of November, 2022

Brigit Bennington, Mayor/Chair

ATTEST
Erin Baum, Assistant City Clerk

Exhibit A: Title 5 – Business Licenses and Regulations

5.72.070 - Registration Requirements
k. Any application for a rental housing business license shall also accompany proof of current registration in the Hesperia Crime Free Housing Program as prescribed in Chapter 8.20 of this Code.
kl. Such other identification and information as the director may require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

5.72.100 - Crime Free Program.

A. Hesperia's Crime Free Program was receded and ma de voluntary with the exception of registering the property. Any person(s) renting or intending to rent residential property within the City of Hesperia shall also register the property in the Crime Free Rental Housing Program as required by Chapter 8.20 o f this code. Failure to maintain both a rental housing business license and compliance with Chapter 8.20 shall constitute a public nuisance and grounds for withholding of the issuance of a rental business license. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)

5.72.10010 - Maintenance requirements.

5.72.120 - Crime Prevention through Environmental Design (CPTED) Requirements.

1. All newly constructed rental properties shall incorporate CPTED design into the plan for development as required by the city.

2. Any rental property deemed by the city to perpetuate criminal activity, receive an inordinate number of calls for service, or present a threat to public health and safety may be required to submit a revised site plan and incorporate elements of CPTED modifications to their property for the purpose of creating a safe environment, identifying criminal activity or persons perpetuating criminal activity and lowering the likelihood of continuing criminal activity at the property. The cost for review of the plan and all modifications shall be the responsibility of the owner.

3. Failure to incorporate CPTED design i f required, or modify the property as directed by the city is considered a public nuisance and may result in abatement measures as allowable by law.

Exhibit A: Title 5 – Business Licenses and Regulations

4. All new multi-family construction with more than eight units will be required to install a recorded video surveillance system for the complex. The system data will be maintained for at least one month. The cameras must cover common areas, parking areas as well as vehicles entering and exiting the complex. Cameras should not cover or view areas that would be considered private such as inside individual units. The data and video are the sole property of the owners or operators. If law enforcement needs access to the video, the city highly encourages the owners or operators to assist. Existing multi -family complexes with more than eight will have two years to install and operate the same system described in this section. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)

5.72.11030 - Rental Housing Business License Renewal.

5.72.12040 - Inspections.

5.72.13050 - Interior Inspections.

5.72.14060 - Complaints and violations.

5.72.15070 - Certificate of rental inspection compliance—Effect on remedies.

5.72.16080 - Enforcement and penalties.

5.72.17090 - Public nuisance.

5.72.180200 - Conflicts.

Exhibit B: Title 8 – Health and Safety
Chapter 8.20 - CRIME FREE RENTAL HOUSING PROGRAM[2]
Footnotes:
--- (2) ---
Editor's note — Ord. No. 2017 -13 , § 1, adopted July 18, 2017, amended Chapter 8.20 in its entirety to read as herein set out. Former Chapter 8.20, §§ 8.20.010 —8.20.140, pertained to similar material, and derived from Ord. No. 2015 -12 , adopted November 17, 2015.

8.20.010 - Purpose and scope.

The purpose of this chapter is to identify, regulate, and assist the owners of rental dwelling units in the City of Hesperia, to ensure that such units afford tenants a safe and decent place to live, to hold tenants and owners accountable for their actions, and to red uce criminal activity.

Nothing in this chapter shall be construed to:

A. Excuse, waive, limit, or modify any other requirements or obligations in federal, state or local laws;
B. Limit any right or authority of the city to investigate and abate nuisances or to enforce any other provisions of federal, state or local the laws;
C. Otherwise prevent or waive compliance with all other federal, state or local laws; or D. Discourage victims or witnesses of crime or physical or mental health crisis from reporting crime or seeking assistance with physical or mental health crisis. ( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.020 - Definitions.

For the purposes of this chapter, words and phrases used in this chapter shall mean as they are defined in Chapter 1.04 of this code, except as otherwise defined below:
"Annual inspection" means an inspection meeting the criteria and standards of crime free through environmental design (CFTED).
"Chief of police" means the Hesperia Chief of Police, i.e., the San Bernardino County Sheriff's Captain designated to serve as the chief of police, or any designee thereof.

Exhibit B: Title 8 – Health and Safety
"Crime free through environmental design" or "CFTED" means design standards and guidelines, adopted by resolution of the city council, which ensure the effective use of physical spaces and social environments of residential rental properties to reduce crime. "Criminal activity" means behavior or acti ons that are in violation of established federal, state, or local criminal laws.
"Local property management company" shall mean an entity that is responsible for the day - to-day maintenance, upkeep and security of a rental property and is operated by a pers on who is licensed with the California Department of Real Estate as a real estate broker. "Local property manager" shall mean a person who is responsible for the day -to-day maintenance, upkeep, and security of the rental property. The local property manage r may be the owner of the property.
"Multi-family residences" means three dwellings or more on a single property. "Owner" or "property owner" means a single individual, partnership or joint venture or any entity that has any kind of ownership interest in a single-family residential rental property, multi-family rental property, or residential rental dwelling unit (collectively, "residential rental property") whether as an individual, partner, joint venture, stock owner, or ownership interest in some other capacity or the owner's designee, which may include a local property management company. If more than one person or an entity owns the subject rental property, owner or property owner refers to each person or entity holding any kind of ownership interest in the property, and the property owners' obligations in this chapter are joint and several as to each property owner. Owner shall also mean any person having legal title to real property, including all individuals shown as owners on the last equalized assessment roll of the San Bernardino County Assessor's Office, or an owner's authorized representative.
"Program" means the crime free rental housing program as set forth in this chapter. "Program guidelines" means the administrative guidelines established and adopted by the city manager for the purpose of carrying out the provisions of this chapter. "Single-family residence" means a dwelling configured for one group to live in with common areas such as a kitchen and common bathrooms on a single property. "Single-family residential rental property," "multi -family rental property," or "residential rental dwelling unit" (collectively, "residential rental property") means a dwelling unit, all or part of which is occupied by a person(s) other than the owner of the u nit where money, services or valuables are exchanged for the ability to reside whether this agreement is verbal or in writing. This includes the premises on which said residential rental property is situated and any common areas. The following types of dwe lling units or facilities are not considered residential rental property:

Exhibit B: Title 8 – Health and Safety

1. Hotels or motels.

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

3. Mobile home parks.

4. Business, commercial or industrial properties unless there is a dwelling structure on the property.
"Tenant" means a person who occupies or is in possession of a residential rental property as a tenant or permittee of the owner.
( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.030 - Rebuttable presumption.

For the purpose of this chapter, if the water, refuse, gas, electric or property tax bill is in a different name than that of the property owner, or if the water, refuse, gas, electric or property tax bill is in the owner of record's name but mailed to an address other than the property address, it shall be a rebuttable presumption that the property is residential rental property. This presumption can be rebutted by the owner of record, or by his or her designated representative, providing satisfactory documentation to the city that the property is owner-occupied or is not being used for rental income. ( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.040 - Residential rental property registration.

A. Registration Required. As a condition of exercising the privilege of renting or leasing a residential rental property to any person and/or entity, the owner of the residential rental property, local property management company or local property manager shall annually register with the city.

1. Contents of Registration Form. The regist ration form shall be in a format determined by the city manager and shall contain the location of the residential rental property, the owner's name and contact information, the name of person acting on the owner's behalf and his or her contact information, and number of dwelling units.

2. The owner shall pay any adopted fees, which shall cover the city's annual costs of processing and maintenance as it relates to registration of the residential rental property.

Exhibit B: Title 8 – Health and Safety

3. Non-transferable. Registration of a residen tial rental property accepted by the city pursuant to this chapter is not transferable to a new owner of the residential rental property.

Any new owner must re -register and provide current registration information. ( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.050 - Crime free screening and notification program.

A. Crime Free Database. The chief of police will maintain a crime free database. This database will contain the registration information of residential rental properties registered pursuant to Section 8.20.040. This database shall be subject to the city's records retention and destruction policies.

B. Crime Free Screening Program.

1. Request. An owner whose residential rental property is registered pursuant to Section

8.20.040 may submit a request to the chief of police seeking information that must be disclosed pursuant to Government Code Section 6254(f)(1) about specifically -identified arrests within the City of Hesperia involving a prospective or current adult tenant. Such a request shall include the following:
a. Notarized written consent from the prospective or current adult tenant(s) stating that he or she affirmatively consents to providing identify ing information, including a copy of a valid government-issued photo identification card, for the purpose of crime free screening, as provided herein. This written consent shall be in a form approved by the city manager. b. A copy of a valid government -issued photo identification card of the prospective or current adult tenant(s), such as a California Driver's License. c. The mailing address of the prospective or current adult tenant(s). d. Payment for any adopted fees relating to the city's costs in provid ing the crime free screening program.

2. Report. To the extent permitted by law, the chief of police shall then provide the owner with a report that includes the information required to be disclosed pursuant to Government Code Section 6254(f)(1) within ten (10) business days after receipt of a request from an owner, as provided in Section 8.20.050(B)(1), including any requests for screening or reports, pursuant to this Section 8.20.050, made on or after August 17, 2017. This report shall be mailed to the mailing address of the subject prospective or current tenant at the same time it is provided to the owner.
a. If the chief of police determines that the information requested pursuant to Section

8.20.050(B)(1) does not exist or is not required to b e disclosed under Government Code Section 6254(f)(1), then he or she shall issue a report to the requesting owner stating as such.

Exhibit B: Title 8 – Health and Safety
b. Extension of Time. The chief of police may extend this deadline by an additional fourteen (14) business days from the date that a report is due.

3. Upon receiving this report, the owner has the sole discretion to take actions that he or she determines to be legally appropriate. All reports issued shall contain an admonition in substantially the following form: "This report is for informational purposes only. The landlord or property owner has the sole discretion to take any action that he or she determines to be legally appropriate."

4. All requests and reports, made pursuant to Section 8.20.050(B), shall be subject to the cit y's records retention policies.

C. Crime Free Notification System. The chief of police shall establish a system in which owners may be notified of arrests on their residential rental property. Owners who desire to participate may, as part of the registrati on required pursuant to Section 8.20.040 or otherwise, request that the chief of police include an owner's residential rental property as part of the crime free notification system, provided that the owner and the residential rental property meets the qual ifications established herein.

1. Qualification. In order to qualify for this program, an owner must submit a valid request, in a form approved by the city manager, to receive notifications pursuant to the crime free notification system and incorporate a c rime free lease addendum into all new lease agreements executed after the residential rental property's inclusion in the crime free notification system. Owners who desire to participate in the crime free notification system shall also make reasonable effor ts to integrate the crime free lease addendum into any extensions of an existing lease agreement.
a. The crime free lease addendum shall substantially include the following provisions:
i. That the tenant, or any member of the tenant's household, or a guest or other person under the tenant's control shall not engage in criminal activity that would violate any federal, state or local law, on, near, or related to the property premises, including in any common areas and facilities.
ii. That the tenant, any member of the tenant's household, or a guest or other person under the tenant's control shall not engage in any act intended to facilitate criminal activity that would violate any federal, state or local law, including drug -related criminal activity, on, n ear, or related to the property premises, including in any common areas and facilities. iii. That the tenant or members of the household will not permit the dwelling unit to be used for, or to facilitate, criminal activity that would violate any federal, s tate or local law, including prostitution and drug -related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest.

Exhibit B: Title 8 – Health and Safety
iv. That the tenant or member of the household will not engage in the poss ession, manufacture, sale or distribution of illegal drugs, on, near, or related to the property premises, including in any common areas and facilities, that would violate any federal, state or local law.
v. That the tenant or member of the tenant's househ old, or a guest or other person under the tenant's control shall not engage in acts of violence that would violate any federal, state or local law, including but not limited to, the unlawful discharge of firearms, on, near, or related to the property, including in any common areas and facilities. vi. That the tenant agrees that any single violation of the above provisions may be a material violation of the lease, be good cause for termination of tenancy, and be deemed a serious violation and a material nonc ompliance with the lease such that a single violation shall be good cause for termination of the lease.
vii. That failure to comply with the crime free lease addendum may be considered a material non-curable breach of the lease and may result in a three da y notice to quit being served upon the tenant requiring that the tenant, every member of tenant's household, or a guest or other person(s) under tenant's control shall vacate said premises within three days, all in accordance with California Law and that C alifornia Law provides for extraordinary remedy to regain possession when illegal activity is being carried out on or near the premises which constitutes a public or private nuisance.
b. A request to receive notifications pursuant to the crime free notification system shall include the following information:
i. The address of the residential rental property that the owners seek to include to receive notices from the crime free notification system.
ii. Payment for any adopted fees relating to the city 's costs in providing notices pursuant to the crime free notification system. Failure to pay such adopted fees, including any adopted annual fees, shall result in disqualification from the crime free notification system until payment thereof.
iii. Notarized written consent from the prospective or current adult tenant(s) of the residential rental property stating that he or she affirmatively consents to disclosure of information for the purpose of crime free notices as provided in Section 8.20.050(C)(2). Thi s written consent shall be in a form approved by the city manager and shall be required upon the execution of any new lease agreement. However, a notarized written consent shall not be required if the owner seeks to receive crime free notices for arrests w here a prospective or current adult tenant(s) is not the subject of the arrest.

2. Crime Free Notice.

Exhibit B: Title 8 – Health and Safety
a. Upon becoming aware of an arrest occurring at a registered residential rental property that meets the qualifications of Section 8.20.050(C)(1), the chi ef of police shall provide notice to owners concerning the arrest. This notice shall be provided to the tenant occupying such residential rental property at the same time it is provided to the owner. b. To the extent that such information is available and to the extent that the chief of police determines that disclosure of a particular item of information would not endanger the safety of a person involved in an investigation or would not endanger the successful completion of the investigation or a related i nvestigation, the notice provided by the chief of police shall include the information that must be disclosed pursuant to Government Code Section 6254(f)(1), and also provide the following information:
i. The relevant report or incident number.
ii. Information relating to the appeals process provided in this chapter. c. Upon receiving this notice, the owner has the sole discretion to take actions that he or she determines to be legally appropriate. All notices issued shall contain an admonition in substantially the following form: "This notice is for informational purposes only. The landlord or property owner has the sole discretion to take any action that he or she determines to be legally appropriate."
d. The notice provided by the chief of police shall be in writing and sent by email with acknowledgement or certified mail with return receipt requested. All notices, made pursuant to Section 8.20.050(C), shall be subject to the City's records retention policies.

D. Appeals.

1. A person who is the subject of a tenant screening report, as provided in Section

8.20.050(B), or a crime free notice, as provided in Section 8.20.050(C), may file an appeal of such report or notice pursuant to Section 8.20.100.

2. An owner whose residential rental property is the subjec t of a tenant screening report, as provided in Section 8.20.050(B), or a crime free notice, as provided in Section 8.20.050(C), may file an appeal of such report or notice pursuant to Section 8.20.100.

E. Opt-Out Process.

1. An owner whose residential rental property is subject to the crime free notification system may, at any time, submit a form to the city manager opting out of the crime free notification system.

2. The opt-out form shall be in a format determined by the city manager and s hall contain the location of the residential rental property, the owner's name and contact information, and the

Exhibit B: Title 8 – Health and Safety
name of person acting on the owner's behalf and his or her contact information. The opt -out form shall contain the notarized signature of the ow ner.

3. Upon receipt of an opt -out form complying with Section 8.20.050(E), the city manager shall direct the chief of police to remove the owner's residential rental property from the crime free notification system.
( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.060 - Monthly Reports
A. An owner whose residential rental property has been registered pursuant to this chapter may request, in a form approved by the city manager, that the chief of police provide him or her a monthly report containing information relating to law enforcement activities occurring at the owner's residential rental property. The chief of polic e shall not disclose information that is prohibited from disclosure by federal, state, or local law. In order to receive such monthly reports, an owner shall pay any adopted fees, including any adopted annual fees. ( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.070 - CFTED Standards and administrative policies.

A. CFTED Standards. The city council shall adopt by resolution such standards and guidelines for the purpose of ensuring crime prevention and reduction. All residential rental property shall comply with adopted CFTED standards.

B. Administrative Policies. The city council may establish and adopt administrative policies for the implementation of this chapt er.
( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.080 - Inspections.

A. Annual Inspections. All residential rental property located in the city shall be subject to an annual inspection by the city for compliance with federal, state, or local laws, program guidelines, and CFTED standards. The owner or their designee will receive the results of the inspection.

B. Notice of Inspection and Procedures.

1. After receiving a completed registration form from an owner, the city will conduct an exterior inspection of the residential rental property to identify compliance with the federal, state, or local laws, program guidelines, and CFTED standards.

Exhibit B: Title 8 – Health and Safety

2. No prior notice of inspection will be made to the owner. An owner does not have to be present for the inspection.

C. Members of the city's police department will be responsible for conducting the inspections authorized by this chapter. However, the city may request that other city departments participate in the inspection process. The inspection will be from the exterior of the residential rental property's buildings and structures. It will cover compliance with federal, state, or local laws, program guidelines, and CFTED standards.

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

1. An itemization of any violations of the federal, state, or local laws, program guidelines, and CFTED standards identified during the inspection;

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

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

4. The amount of the re-inspection fee and the da te by which the re-inspection fee must be paid; and

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

6. If no violations are found as a result of the inspection, the inspection report shall state so and city shall issue a certificate of registration to the owner. ( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.090 - Fees.

The city council may establish such fees that are necessary for the administration and enforcement of this chapter. All such fees shall be set by resolution of the city council. ( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.100 - Appeals.

A. If an appealing party desires to appeal the chief of police's notices or reports pursuant to Section 8.20.050(B) or 8.20.050(C)(3), the appealing party shall file a notice of appeal with the city clerk within thirty (30) days from the date of the chief of police's notices or reports together with any filing fee set by resolution of the city counci l. The notice of appeal shall

Exhibit B: Title 8 – Health and Safety
contain the appealing party's mailing address and telephone number; the basis for appeal; and any other relevant documentation or evidence.

B. Appeal hearings shall be conducted by the city's administrative hearing officer.

C. The filing of any notice of appeal provided shall temporarily stay the chief of police's findings in the subject notices or reports, issued pursuant to Section 8.20.050(B) or

8.20.050(C)(3), until the issuance of a final administrative order by the admini strative hearing officer.

D. Appeal hearings shall be held not less than thirty (30) days and not more than sixty (60) days from the date the notice of appeal is filed, provided that no appeal hearing shall be held unless any required filing fee has been d eposited in advance.

E. The city shall provide the appealing party and any other party that is the subject of the notices or reports, issued pursuant to Section 8.20.050(B) or 8.20.050(C)(3), with written notice of the time and place of the appeal hearing at least ten days prior to the date of the hearing. If the chief of police submits an additional written report to the administrative hearing officer for consideration at the appeal hearing, a copy of the report shall be served on all parties with the noti ce of hearing.

F. The appealing party's failure to appear at the appeal hearing shall constitute a forfeiture of any deposited amounts and be deemed a failure to exhaust his or her administrative remedies. The final determination of the administrative hear ing officer shall be served on the appealing party by mailing a copy of the determination by certified mail postage prepaid to the appealing party at his or her last known address.

G. The administrative hearing officer shall hear, receive and consider test imony and documentary evidence regarding the chief of police's determination and notice, as may be applicable and as provided in this chapter. The chief of police's initial determination and/or notice, as may be applicable, including any additional report submitted by the chief of police, shall constitute prima facie evidence of the respective facts contained in those documents.

The appealing party and any other party that is the subject of the notices or reports, issued pursuant to Section 8.20.050(B) or 8 .20.050(C)(3), shall be given the opportunity to testify at the hearing to present evidence concerning the chief of police's notice and/or report. The appeal hearing shall not be subject to the formal rules of evidence or discovery. The administrative hearing officer may continue the hearing and request additional information from the chief of police, the appealing party, or any other appearing party that is the subject of the notices or reports, issued pursuant to Section 8.20.050(B) or 8.20.050(C)(3), pri or to issuing a final administrative decision.

H. After considering all of the testimony and evidence submitted at the appeal hearing, the administrative hearing officer shall issue a written decision to uphold, modify, cancel, or reverse the chief of poli ce's determination and/or notice, as may be applicable, within sixty (60) days.

Exhibit B: Title 8 – Health and Safety
I. The written decision of the administrative hearing officer shall be final and conclusive. The written decision shall be served on the appealing party by mailing a copy of th e order by certified mail, postage prepaid, to the appealing party at his or her last known address. ( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.110 - Complaint-based inspections.

Nothing contained in this chapter shall prevent or restrict the city's authority to inspect any residential rental property in response to a complaint alleging code violations or violations of applicable federal, state, or loca l laws and to pursue all remedies permissible under such applicable laws.
( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.120 - Voluntary inspection requests.

Nothing contained in this chapter shall be construed to prohibit a property owner or tenant from voluntarily requesting an inspection pursuant to this chapter to determine whether the residential rental property complies with applicable federal, state, or loca l laws. ( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.130 - Enforcement.

A. Violations Identified During Inspection. If the owner fails to correct a violation of the federal, state, or local laws identified in the report of inspection within the time allowed, the city may issue an administrative citation, issue a notice of intent to abate, or may take any other action authorized by law to enforce the p rovisions of this code.

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

C. Violations. Owners who fail or cause to fail to cooperate with inspections required under this chapter or fail to otherwise comply with the requirements of this chapter, including registration or eviction requir ements, may be subject to enforcement pursuant to Chapter

1.12 of Title 1 of this Code or any other action authorized by law to enforce the provisions of this Chapter.

D. Strict Liability. Violations of this chapter shall be treated as a strict liability o ffense regardless of intent. Any person, firm and/or corporation that violates any portion of this chapter shall be subject to prosecution under applicable law.

Exhibit B: Title 8 – Health and Safety
E. Revenue and Taxation Code. The city may also utilize the provisions of the Revenue and Taxation Code Section 24436.5 to encourage the elimination of substandard conditions in rental housing. The city is also authorized to bring an action under the Business and Professions Code for unfair business practices.

F. Attorneys' Fees. In an action, admin istrative proceeding, or special proceeding to abate a violation of this chapter, the prevailing party may recover attorneys' fees pursuant to Government Code Section 38773.5. Recovery of attorneys' fees is limited to those individual actions or proceeding s in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. An award of attorneys' fees to a prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the city in an action, administrative proceeding, or special proceeding. ( Ord. No. 2017-13 , § 1, 7-18-17)

8.20.140 - Severability.

If any provision, section, paragraph, sentence or word of this chapter is determined or declared invalid by any final court action in a court of competent jurisdiction or if the application of any provision, section, paragraph, sentence or word of this chapter is inapplicable to a specific situation by reason of any preemptive state or federal legislation or regulation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect.
( Ord. No. 2017-13 , § 1, 7-18-17)

City of Hesperia

STAFF REPORT

DATE: November 1, 2022
TO: Mayor and Council Members

FROM:

BY:

Rachel Molina, Assistant City Manager

Mike Hearn, Deputy Community Development Director

SUBJECT:

Adoption of Ordinance No. 2022-16 adopting the 2022 California Building Codes

RECOMMENDED ACTION

It is recommended that the City receive Ordinance No. 2022 -16, adopting changes to Hesperia Municipal Code Chapters 15.04 and 15.06; adopting and amending the following codes and their references: the 2022 California Building Code, th e 2022 California Residential Code, the 2022 California Electrical Code , the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Fire Code , the 2022 California Green Building Standards Code, the 2022 California Reference d Standards Code, the 2022 California Energy Code , the 2022 California Historical Building Code, the 2022 California Administrative Code, and the 2022 California Existing Building Code ( all hereafter referenced as the Building Codes) and hold a public hear ing regarding this matter on November 1 , 2022 and continue the hearing to November 15, 2022.

BACKGROUND

Every three years, the International Code Council (ICC), the International Association of Plumbing and Mechanical Officials (IAPMO), and the National Fire Protection Agency (NFPA) publish revised versions of their respective codes. This was last completed during the 2018 code “cycle” and revised versions were published in 2019.

The California Building Standards Commission (BSC) takes the model codes pu blished by ICC, IAPMO, and NFPA, and makes amendments to them based upon specific requirements in State law. Once the amendments are made, the State sets a publication date and an effective date for the codes . The purpose of this is to officially notify lo cal jurisdictions that the codes are completed and when they will take effect.

Earlier this year, the BSC set July 1, 2022, as the publication date and January 1, 2023, as the effective date for the 2022 California Building Codes . Consequently, the California Building Codes will take effect “as-is” unless the City approves the recommended amendments to reflect our local conditions.

Pursuant to Government Code 50022.3, on November 1, 2022, the City Council received this report and all accompanying exhibits for review.

ISSUES/ANALYSIS

This code adoption amends the current ordinance, which was last amended in 2019. In summary, it adopts the California Codes by reference; and makes changes to Chapters 15.04

Staff Report to the City Council
Adoption of Ordinance No. 2022-16 adopting the 2022 California Building Codes November 1, 2022

(“Building Codes”) and 15.06 (“Grading”) of the Hes peria Municipal Code . As in previous adoption cycles, staff is recommending local revisions. The recommendations fall into two categories: the adoption of specific a ppendix chapters , and revisions to codes . Each will be discussed separately.

1. Appendix Chapters Specifically Adopted:

The California codes and State law are set up in such a way that Appendix Chapters to the various codes are not included unless specifically adopted. Section 15.04.020 of the Hesperia Municipal Code identifies the Appendix Chapters to be included.

Appendix chapters proposed for this adoption are currently adopted in the City and include regulations regarding patio covers, septic systems, plumbing installation standards, and a calculation method for sizing water piping systems.

2. Revisions to Codes:

Three revisions are proposed to be m ade to the California Codes. These revisions relate to swimming pools, grading, and fire protection as described below:

a) HMC Section 15.04.060 is added to both modify the State code requirements, and to consolidate swimming pool safety regulations from three different areas into one. This section makes two changes from the State requirements. It reduces the depth of water required to be considered a swimming pool from 24 inches to 18 inches. The 18-inch depth has been Hesperia’s standard since incorporation, and it was the County standard prior to the city’s incorporation. The second change is to raise the barrier fence around a swimming pool from 48 inches to 60 inches. Again, this has been Hesperia’s standard since incorporation. Staff recommends the increased standard as drowning in swimming pools is the number one building code related cause of death for children in residences.

b) The revisions to grading are contained within “Exhibit B” in Chapter 15 .06 of the Hesperia Municipal Code titled “Grading”.

c) Two revisions are requested to the Hesperia Municipal Code regarding fire protection systems. These have been the adopted standards for fire protection systems in the City for the past twenty years and are noted below:

 Section 15.04.030 in the Hesperia Municipal Code (HMC) requires the installation of an automatic fire sprinkler system when the floor area exceeds 5,000 square feet. This requirement has been in place since the mid -1990’s and is well known and understood by local builders and developers.

 Section 15.04.040 which requires existing, non-sprinklered buildings of 5,000 square feet or more to install fire sprinklers if the building is added to, or if the occupancy changes to a more hazardous u se. Again, this requirement has been Hesperia’s standard for over 20 years.

Staff Report to the City Council
Adoption of Ordinance No. 2022-16 adopting the 2022 California Building Codes November 1, 2022

In total, staff believes the amendments and revisions better address the specific conditions in Hesperia. The appendix chapters give standards for septic systems, greywater syst ems, and plumbing sizing and installations, as well as for patio construction. The code revisions provide increased safety standards for swimming pools, and consistent grading regulations, and fire protection. As such, staff recommends adoption of Ordinance No. 2022-16 which will establish the construction codes to be used in Hesperia during the next three years.

FISCAL IMPACT

None.

ALTERNATIVE(S)

Provide alternative direction to staff.

ATTACHMENT(S)

1. Ordinance No. 2022-16

2. Exhibit A – Proposed Hesperia Municipal Code Chapter 15.04 - Building Codes

3. Exhibit B – Proposed Hesperia Municipal Code Chapter 15.06 - Grading Codes

ORDINANCE NO. 2022-16

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, REPEALING AND ADOPTING CHAPTERS 15.04 AND 15.06 OF THE HESPERIA MUNICIPAL C ODE, AND ADOPTING BY REFERE NCE THE 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA RESIDE NTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANIC AL CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA FIRE COD E, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA HISTORIC AL CODE, 2022 CALIFORNIA EXISTING BUILDING CODE, 2022 CALIFORNIA ADMINIST RATIVE CODE, AND 2022

CALIFORNIA REFERENCED STANDARDS CODE

WHEREAS, The City of Hesperia has the authority and responsibility to regulate building construction to protect the public health, safety, and welfare; and

WHEREAS, Title 15, Chapters 15.04 and 15.06 of the Hesperia Municipal Code were adopted for that purpose, and contain such building regulations and grading regulations for the City of Hesperia; and

WHEREAS, The California Building Standar ds Commission published the 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code, 2022 Administrative Code, 2022 California Green Building Standards Code, 2022 California Energy Code, 2022 California Historical Code, the 2022 California Existing Building C ode, 2022 California Administrative Code, and 2022 California Referenced Standards Code, (hereafter, 2022 Building Codes) on July 1, 2022; and

WHEREAS, The City of Hesperia wishes to make certain changes and amendments to the 2022 suite of California Building Codes; and

WHEREAS, The California Building Standards Commission vo ted to establish January 1, 2023, as the effective date for the 2022 Building Codes; and

WHEREAS, The California Government Code, Section 50022.2 authorizes cities to adopt Building Codes by reference; and

WHEREAS, The California Health and Safety Code, Section 17922, 17958.5, and 17958.7 allows modifications to the 2022 Building Codes when they are reasonably necessary to better protect the public safety by reducing the risk of hazards to life and property of the citizens of Hesperia due to:

1. Topographic conditions. The City of Hesperia is situated in the High Desert Region of the Western Mojave Desert. The elevation rises from three thousand two hundred (3,200) feet in the north to about four thousand (4,000) feet above sea level to the south. Isolated from the population centers of the Los Angeles basin by the San Gabriel and San Bernardino Mountains. The only access to timely mutual aid response is through the Cajon Pass. In the event of a major fire or earthquake in the Pass, assistance from the south would be unable to reach the City. The City of Hespe ria covers a large geographical area of over seventy-three square miles, is bisected by the BNSF Railway, the Southern Pacific Railroad, the California aqueduct, the Interstate 15 Freeway, and two major electrical

Ordinance No. 2022-16

transmission corridors which cause limited access acro ss and through the City. The limited access slows emergency response times for public safety personnel.

2. Geologic conditions. The City of Hesperia is located within fifteen (15) kilometers of the San Andreas Fault and within ten (10) kilometer s of the Cleghorn an d North Frontal fault systems. The proximity to these local earthquake faults creates an increased potential for severe ground shaking and surface ruptures which can cause personal and property damage, utility interruptions, fire hazard s and hazardous materials releases. Additionally, significant roadway, bridge structure, water supply and communications systems are subject to failure, thereby causing a detriment to emergency services response times and fire suppression delivery.

3. Climatic conditions. The City of Hesperia lies within the High Desert Region of the Western Mojave Desert, an area subject to extremely strong winds, commonly known as “Santa Ana Winds” which can reach speeds in excess of 80 miles per hour. Extensive damage frequently accompanies these winds, such as blowing sand and debris, downed power lines, fallen trees and structural damage to buildings. These conditions result in increased demand for fire services, blocked or delayed emergency vehicle access and impaired water supplies and building emergency systems. During summer months, the Santa Ana Winds produce periods of extremely low humidity, thereby reducing the moisture content of vegetative fuels and increasing the possibility and severity of fire from dry vegetat ion and other common combustibles. Also, during the summer months, the City of Hesperia experiences prolonged periods of temperatures in excess of one hundred degrees Fahrenheit (100 0F). When coupled with sustained severe Santa Ana Winds, an increase in the threat from rapidly moving wildfires exists. The City of Hesperia does not have a storm drainage system and therefore d uring the winter months, heavy rains occasionally cause damage to roadways or leave built-up mud and debris, rendering them completely impassible, or with limited access, sometimes for extended periods.

WHEREAS, A copy of the 2022 Building Codes identified in this Ordinance ha ve been filed with the City Clerk of the City of Hesperia and are kept in the office of the Building Official in accordance with California Government Code Section 50022.6; and

WHEREAS, On November 15, 2022, the City Council of the City of Hesperia conducted a duly noticed Public Hearing as required by Government Code Section 50022.3 and concluded said hearing on that date; and

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

NOW THEREFORE, THE HESPERIA CITY COUNCIL DOES ORDAIN AS FOLLOWS:

Section 1. All of the facts set forth in the forgoing recitals are true, correct and are adopted as findings.

Section 2. Chapter 15.04 of the H esperia Municipal Code entitled “Building Codes”, adopted by Ordinance No. 2019-16 is hereby repealed, provided that said repeal shall not apply to or excuse any violations thereof occurring prior to the effective date of this Ordinance and provided further that the building regulations as adopted by referen ce and amended by Ordinance 2019-16 shall be applicable to construction projects for which plans have been submitted for plan r eview and the plan review fees paid as of December

Ordinance No. 2022-16

31, 2022; provided that neither the plan r eview nor permits issued for construction of the structure expire.

Section 3. Chapter 15.04 of the Hesperia Municipal Code entitled “Building Codes” is hereby added as set forth in “Exhibit A” attached hereto and incorporated herein by this reference.

Section 4. Chapter 15.06 of the Hesperia Municipal Code entitled “Grading” adopted by Ordinance No. 2019-16 is hereby repealed, provided that said repeal shall not apply to or excuse any violations thereof occurring prior to the effective date of this Ordinance and provided further that the building regulations as adopted by reference and amended by Ordinance 2019-16 shall be applicable to construction projects for which plans have been submitted for plan review and the plan review fees paid as of December 31, 2022; provided that neither the plan review nor permits issued for construction of the structure expire.

Section 5. Chapter 15.06 of the Hesperia Municipal Code entitled “Gr ading” is hereby added as set for th in “Exhibit B” attached hereto and incorporated herein by this reference.

Section 6. This Ordinance shall take effect on January 1, 2023.

Section 7. The City Council of the City of Hesperia hereby declares that shoul d any provision, section, paragr aph, sentence, or word of this Ordinance hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by any reason of any preemptive legislation, the remaining provisions , sections, paragraphs, sentences, and words shall remain in full force and effect.

Section 8. The City Clerk shall certify to the adoption of the Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pu rsuant to the provisions of Resolution 93-78.

ADOPTED AND APPROVED this November 15, 2022.

Brigit Bennington, Mayor

ATTEST
Erin Baum, Assistant City Clerk

EXHIBIT “A”

CHAPTER 15.04

BUILDING CODES
SECTIONS:

15.04.010 California Codes Adopted

15.04.020 Appendix Chapters Added

15.04.030 Automatic Fire Sprinklers

15.04.040 Previously Constructed Buildings- Sprinkler Systems

15.04.050 Swimming Pool Barriers and Safety Devices

15.04.010 California Codes Adopted
The 2022 California Building Code, Volumes 1 and 2, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fi re Code, 2022 Administrative Code, 2022 California Green Building Standards Code, 2022 California Energy Code, 2022 California Historical Code, the 2022 California Existing Building Code, 2022 California Administrative Code, and 2022 California Referenced Standards Code are hereby adopted as the Buil ding Regulations for the City of Hesperia, together with the amendments, additions, deletions, and exceptions set forth in this Section.

15.04.020 Appendix Chapters Added
The following appendix chapters are specifically adopted:

A. Appendix Chapter I of the 2022 California Building Code titled “Patio Covers”, is hereby adopted in its entirety.

B. Appendix Chapter A of the 2022 California Plumbing Code titled “Recommended Rules for Sizing the Water Supply System” , is hereby adopted in its entirety.

C. Appendix Cha pter I of the 2022 California Plumbing Code titled “Installation Standards”, is hereby adopted in its entirety.

D. Appendix Chapter H of the 2022 California Plumbing Code titled “Private Sewage Disposal Systems”, is hereby adopted in its entirety.

E. Appendix Ch apter B of the 2022 California Fire Code titled “Fire Flow Requirements for Buildings” is hereby adopted in its entirety.

F. Chapter 1 of the 2022 California Building Code is hereby adopted in its entirety.

15.04.030 Automatic Fire Sprinklers
In addition to the requirements of Section R313 of the California Residential Code, an automatic fire sprinkler system shall be installed in all mobile homes , manufactured homes (HSC Sections 18007 and 18009) and multifamily m anufactured homes with two dwelling units (HSC 18008.7) based on the manufacture r’s construction completion date after December 31, 2010, that are set -down on private property (excluding mobile ho me parks). The fire suppression system shal l be permitted an d approved through the California Department of Housing and Community Development (HCD), in accordance with Title 25 of the California Code of Regulations

In addition to the requirements of Section 903 of the 2022 California Building Code, an automatic fire extinguishing system shall be installed in every building of Group A, B, E, F,

H, I, L , M, S or U with 5,000 or more square feet of floor area or two or more stories i n height.

EXCEPTIONS:

1. Buildings separated into fire areas of less than 5,000 squar e feet by one or more four (4) hour separation walls constructed in accordance with Table 721.1(2) of the California Building C ode, containing no openings and extending from the foundation to a point at least 30-inches above the roof line.

2. Canopies constructed entirely of non -combustible materials with no enclosing walls and spaced at least ten (10) feet from adjacent buildings or structures.

3. Mini-storage buildings construc ted entirely of non -combustible materials and not containing hazardous materials.

4. Buildings with a single, small, low occupancy room on the second floor, when approved by the Fire Chief and Building Official.

5. Detached garages two stories in height.

15.04.040 Previously Constructed Buildings- Sprinkler Systems Previously constructed buildings with a floor area of 5,000 square feet or more and which are proposing to add floor area, change their occupancy classific ation to a more hazardous classification , or significantly alter or remodel the building , shall install an automatic fire extinguisher system.

EXCEPTIONS:

1. Minor t enant improvements, maintenance, and repair such as interior and exterior painting , carpeting, interior window coverings, dra pes, interior non - bearing partitions, surface re -roofing or plumbing, mechanical and e lectrical repairs.

15.04.050 Swimming Pool Barriers and Safety Devices

A. General. Swimming pools shall comply with the requirem ents of this section and other applicable sections of the California Building Code.

B. Definitions. The following words and terms s hall, for t he purposes of this section and as used elsewhere in this chapter, have the meaning shown herein.

APPROVED SAFETY P OOL COVER means a manually or power -operated safety pool cover that meets all of the performance standards of the American Societ y for Testing and Materials (ASTM), in compliance with Standard F 1346-91.

BARRIER (ENCLOSURE) means a fence, wall, or other b arrier that isolates a swimming pool from access to the home or other buildings and grounds.

EXIT ALARMS means devices that make audible, continuous alarm sounds when any door or window that permits access from the residence to the pool area that is without any intervening enclosure, is opened, or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building.

PRIVATE SWIMMING POOL means a swimming pool located on the grounds of a single-family home.

PUBLIC SWIMMING POOL means a swimming pool for the u se of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home.

SWIMMING POOL or POOL means any structure in tended for swimming, recreational bathing that contains water over 18 inche s deep. Thi s includes in - ground, above -ground, and on -ground pools; hot tubs, spas, portable spas, and fixed-in-place wading pools.

C. BARRIERS (ENCLOSURES) shall have all the following characteristics:

1. Barrier Height and Clearances. The top of the barrier shall be a t least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximu m vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground lev el or mounted on top of the pool structure, and the maximum ver tical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.

2. Openings. Openings in the barrier shall not allow passage of a 4 -inch- diameter sphere.

3. Solid Barrier Surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for norm al construction tolerances and tooled masonry joints.

4. Closely Spaced Horizontal Members. Where the barrier is composed of vertical and horizontal members and the distance between the tops of the horizontal members is less than 45 inches , the horizontal m embers shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 ¾ inches in width. Where there are dec orative cutouts within vertical members, spacing within cutouts shall not exceed 1 ¾ inches in width.

5. Widely Spa ced Horizontal Members. Where a barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within cutouts shall not exceed 1 ¾ inches in width.

6. Chain Link Dimensions. Maximum mesh size for chain link fences shall be 2 ¼ inch square unless the fence is provided with sturdy slating fastened at the top or the bottom which reduce the openings to no more than 1 ¾ inches in width.

7. Diagonal Members. Where the barrier is composed of diagonal members, the maximum opening formed by diagonal mem bers shall be no more than 1 ¾ inches.

8. Gates. Access doors or gates shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from t he pool and shall be self-closing and have a self-latching device. Doors or gates other than pedestrian access doors or gates sha ll be equipped with a locking device. Release mechanisms shall be in accordance with Section 1010.1.9, 1132A and 11B -404 of the California Building Code. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the doo r or gate, the release mechanism shall be located on the pool side of the door or gate at least 3 inches (76 mm) bel ow the top of the door or gate, and the door or gate and bar rier shall have no opening greater than ½ inch within 18 inches of the release mechanism.

9. Pool Structure as Barrier. Where an above -ground pool is used as a barrier or where the b arrier is mount ed on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable o f being se cured, l ocked, or removed to prevent access, or the ladder or steps shall be surrounded by a barrier w hich meets the requirements of this section. When the ladder or steps are secured, locked or removed, any opening created shall not allow the pa ssage of a 4-inch diameter sphere.

Prohibited Locations . Barriers shall be located so as to prohibit permanent structures, equipment, or similar objects from being used to climb the barriers.

D. Safety Features Required. When a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming po ol or spa at a private single -family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention saf ety features:

1. A barrier that meets the requirements of Section ‘C’ above and isolates the exterior swimming pool or spa from the private single-family home.

2. Removable mesh pool fencing that meets Ame rican Society for Testing and Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self -closing and self -latching and can accommoda te a key lockable device.

3. An “approved” manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91.

4. Exit alarms on the private single -family home's do ors that provide direct access to the swimming pool or spa. The exit alarm s must produce an audible warning when the door , or its screen, i f present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. The deactivation switch shall be located 54 inches or more above the threshold of the door. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that "the door to the pool is open."

5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home's doors providing direct access to the swimming pool or spa.

6. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unautho rized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 "Standard Safety Sp ecification for Residential Pool Alarms," which includes surface motion, pressure, sonar, la ser and infrared type alarms. A swi mming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exc eeds a certain distance or becomes submerged in water, is not a qualifying drowning preventi on safety feature.

7. Other means of protection, if the degree of pro tection afforded is equal to or greater than that afforded by any of the devices set forth in items 1-4 and have been independently verified by an approved testing laboratory as meeting standards for those devices establishe d by the ASTM or the American Society of Testing Mechanical Engineers (ASME).

Exception: Indoor Swimming Pools . Walls surrounding indoor swimming pools shall not be required to comply with this section

E. Construction Requirements. Whenever a building per mit is issued for the construction of a new swimming pool or spa, the pool or spa shall meet all of the following requirements:

a) 1. The suction outlets of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout th e pool or spa as prescribed in paragraphs (2) and (3).

2. The swimming pool or spa shall either have at least two circulation suction outlets per pump that shall be hydraulically balanced and symmetrically plumbed through one or more "T" fittings, and that a re separated by a distance of at least three feet in any dimension between the suction outlets, or be designed to use alternatives to suction outlets, including, but not limited to, skimmers or perimeter overflow systems to conduct water to the recirculation pump.

3. The circulation system shall have the capacity to provide a complete turnover of pool water, as specified in Secti on 3124B of Chapter 31B of the California Building Standards Code (Title 24 of the California Code of Regulations).

b) Suction outlets shall be covered with anti -entrapment grates, as specified in the ANSI/APSP-16 performance standard or successor standard des ignated by the federal Consumer Product Safety Commission, that cannot be removed except with the use of tools. Slots or openings in the grates or similar protective devices shall be of a shape, area and arrangement that would prevent physical entrapment and would not pose any suction hazard to bathers.

c) Any backup safety system that an owner of a new swimming pool or spa may choose to install in addition to the requirements set forth in subdivisions (a) and (b) shall meet the standards as published in the d ocument, "Guidelines for Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363, March 2005, United States Consumer Product Safety Commission.

EXHIBIT “B”
CHAPTER 15.06

GRADING

Sections:

15.06.010 General Provisions

15.06.020 Definitions

15.06.030 Permits Required

15.06.040 Permit Application Submittals

15.06.050 Grading Inspections

15.06.060 Excavations

15.06.070 Fills

15.06.080 Setbacks

15.06.090 Drainage and Terracing

15.06.100 Slope Planting and Erosion Control

15.06.110 National Pollutant Discharge Elimination System (NPDES) Compliance

15.06.120 Referenced Standards

15.06.010 General provisions.

A. Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments and the control of grading site runoff, including erosion and transport of sediments and construction-related pollutants.

The purpose of this chapter is to safeguard life, limb, property, and the public welfare by regulating grading on private property.

B. Flood Hazard Areas. The provisions of this chapter shall not apply to grading, excavation and earthwork construction, including fills and embankments, in floodways within flood hazard areas established in California Building Code (CBC) Section 1612.3 or in flood hazard areas where design flood elevations are specified but floodways have not been designated, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed work will not result in any increase in the level of the base flood.

C. General Hazards. Whenever the Building Official or designee determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official or designee shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code.

D. Safety Precautions. If at any stage of the work the Building Official or designee determines by inspection that further gradi ng as authorized is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the Building Official or designee may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall immediately stop such work.

The Building Official or designee may authorize the work to proceed if the Building Official or designee finds adequate safety pre cautions can be taken or corrective

measures incorporated in the work to avoid the likelihood of such danger, deposition, or interference. If the grading work as done has created or resulted in a hazardous condition, the Building Official or designee shall give written notice requiring correction thereof as specified in Section 15.06.050 of this chapter.

E. Protection of Utilities. The owner of any property on which grading has been performed and that requires a grading permit under Section 15.06.030 sha ll be responsible for the prevention of damage to any public utilities or services.

F. Protection of Adjacent Property. The owner of any property on which grading has been performed and that requires a grading permit under Section 15.06.030 is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking or other damage that might result.

Special precautions approved by the Building Official or designee shall be made to prevent imported or exported materials from being deposited on the adjacent public way and/or drainage courses.

G. Storm Water Control Measures. The owner of any property on which grading has been performed and that requires a grading permit under Section 15.06.030 shall put into effect and maintain all precautionary measures necessary to protect ad jacent water courses and public or private property from damage by erosion, flooding, and deposition of mud, debris, and construction -related pollutants originating from the site during grading and related construction activities.

H. Maintenance of Private Devices. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage str uctures and other protective devices when they are shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit.

I. Conditions of Approval. In granting any permit under this code, the Building Official or designee may include such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:

1. Improvement of any existing grading to comply with the standards of this code;

2. Requirements for fencing of excavations or fills which would otherwise be hazardous.

15.06.020 Definitions.

For the purposes of this chapter, the terms, phrases, and words listed in this section and their derivatives have the indicated meanings.

"BENCH" means the relatively level step excavated into earth material on which fill is to be placed.

“BEST MANAGEMENT PRACTICES (BMPs)” Defined at 8.30.030.

"BORROW" means earth material acquir ed from an off -site location for use in grading on a site.

"CIVIL ENGINEER" means a professional engineer registered in the state of California to practice in the field of civil works.

"CIVIL ENGINEERING" means the application of the knowledge of the fo rces of nature, principles of mechanics, and the properties of materials to the evaluation, design, and construction of civil works.

"COMPACTIONS" means the densification of a fill by mechanical means.

“CONSTRUCTION GENERAL PERMIT (CGP)” means the current version of the National Pollutant Discharge Elimination System (NPDES) General Permit f or Storm Water Discharges Associated with Construction and Land Disturbance Activities. The Construction General Permit (CGP) is issued by the Storm Water Resources C ontrol Board ( SWRCB) for storm water discharges associated with construction projects over one acre, or smaller sites that are part of a larger common plan of development or sale. (Also Defined in HMC 8.30.030).

“CUT”. See "Excavation."

"DESIGN ENGINEER" means the civil engineer responsible for the preparation of the grading plans for the site grading work.

"DESILTING BASINS" means physical structures constructed for the removal of sediments from surface water runoff.

"DOWN DRAIN" means a device for col lecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility.

"EARTH MATERIAL" means any rock, natural soil, or fill or any combination thereof.

"EROSION" means the wearing away of the ground surface as a result of the movement of wind, water, or ice.

“EROSION AND SEDIMENT CONTROL PLAN” means a site -specific plan which identifies and describes the best management practices proposed to control erosion and prevent sediment and construction -related pollutants from being carried off -site by storm water

"EXCAVATION" means the removal of earth material by artificial means, also referred to as a cut.

"FIELD ENGINEER" means the civil engineer responsible for performing the function s as set forth in Section 15.06.050(B)

"FILL" means the deposition of earth materials by artificial means.

"GEOTECHNICAL ENGINEER” means a professional engineer, registered in the state of California, and experienced and knowledgeable in the practi ce of geotechnical engineering.

"GEOTECHNICAL HAZARD" means an adverse condition due to landslide, settlement, and/or slippage. These hazards include but are not limited to loose debris, slope wash, and mud flows from natural or graded slopes.

"GRADE" means the vertical location of the ground surface.

“GRADE, EXISTING” "Existing grade" means the grade prior to grading.

“GRADE, FINAL” See Section 15.06.050(F)(4).

GRADE, FINISHED. "Finished grade" means the grade of the site at the conclusion of all grading efforts.

GRADE, INITIAL. See Section 15.06.050(F)(2).

GRADE, ROUGH. See Section 15.06.050(F)(3).

"GRADING" means an excavation or fill or combination thereof.

"KEY" means a compacted fill placed in a trench excavated in earth material generally constructed at the toe of the slope.

"LANDSCAPE ARCHITECT " means a person who holds a certificate to practice landscape architecture in the state of California under the applicable landscape architecture provisions of Division 3, Chapter 3.5 of the Business and Professions Code.

"PRIVATE SEWAGE DISPOSAL SYSTEM" means a septic tank with effluent discharging into a subsurface disposal field, into one or more seepage pits or into a combination of subsurface disposal field and seepage pit or such other facilities as may be permitted.

"PROFESSIONAL INSPEC TION" means the inspection required by this code to be performed by the project consultants. Such inspections shall be sufficient to form an opinion relating to the conduct of the work.

"PROJECT CONSULTANTS " means the profession al consultants required by this code which may consist of the design engineer, field engineer, geotechnical engineer, engineering geologist, and landscape architect as applicable to this chapter.

"SITE" means a lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

"SLOPE" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

"SOIL" means naturally occurring superficial deposits overlying parent bedrock.

"SOIL TESTING AGENCY" means an agency regularly engaged in the testing of soils and rock under the direction of a civil engineer experienced in soil testing.

"STORM DRAIN SYSTEM" means a conveyance or system of c onveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, and man-made channels, designed or used for collecting and conveying storm water.

"STORM WATER POLLUTION PREVENTION PLAN (SWPPP)" means a site drawing with details, notes and related documents that identify the measures proposed by the permittee to (1) control erosion and prevent sediment and construction-related pollutants from being carried off-site by storm water, and (2) to prevent non-storm water discharges from entering the storm drain system.

"Storm Water Pollution Prevention Plan (SWPPP)” means a pollution control plan documenting site activities, pollutant sources; and all stormwater and non-stormwater BMPs used at the site, required under 40 CFR Part 122, the Clean Water Act (CWA), the CGP, Industrial General Permit (IGP), and most Municipal Separate Storm Sewer Systems (MS4) Permits. A plan to minimize and manage Pollutants to minimize Pollution from entering the MS4, identifying all potential sources of Pollution and describing planned practices to reduce Pollutants from discharging off the site.

"SURFACE DRAINAGE" means flows over the ground surface.

"TERRACE" means a relatively level step constructed in the face of a graded slope fo r drainage and maintenance purposes.

15.06.030 Permits required.

A. Permits Required. Except as exempted in this section, no grading shall be performed without first having obtained a permit from the Building Official or designee. A grading permit does not include the construction of retaining walls or other structures. A separate permit shall be obtained for each site and may cover both excavations and fills. Any engineered grading as described in Section 15.06.040 shall be performed by a contractor l icensed by the state of California to perform the work described herei n.

Regular grading less than five thousand (5,000) cubic yards may require a licensed contractor if the Building Official or designee determines that special conditions or hazards exist.

B. Exemptions. A grading permit shall not be required for the following:

1. When approved by the Building Official or designee , grading in an isolated, self - contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties;

3. Cemetery graves;

4. Refuse disposal sites controlled by other regulations;

5. Excavations for wells, or trenches for utilities;

6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties;

7. Exploratory excavations performed under the d irection of a geotechnical engineer.

This shall not exempt grading of access roads or pads created for exploratory excavations. Exploratory excavations must be restored to existing conditions, unless approved by the Building Official or designee;

8. An excavation that does not exceed fifty (50) cubic yards (38.3 m 3 ) and complies with one of the following conditions:
a. Is less than two feet (0.6 m) in depth,
b. Does not create a cut slope greater than five feet (1.5 m) measured vertically upward from the cut surface to the surface of the natural grade and is not steeper than two units horizontal to one-unit vertical (fifty (50) percent slope);

9. A fill not intended to support a structure, that does not obstruct a drainage course and complies with one of the following conditions:
a. Is less than one foot (0.3 m) in depth and is placed on natural terrain with a slope flatter than five units horizontal to one-unit vertical (twenty (20) percent slope),
b. Is less than three feet (0.9 m) in depth at its deepest point measu red vertically upward from natural grade to the surface of the fill, does not exceed fifty (50) cubic yards, and creates a fill slope no greater than two units horizontal to one-unit vertical (fifty (50) percent slope),
c. Is less than five feet (1.5 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed twenty (20) cubic yards, and creates a fill slope no steeper than two units horizontal and one- unit vertical (fifty (50) percent slope).

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

C. Unpermitted Grading. A person shall not own, use, occupy or maintain any site containing un -permitted grading. For the purposes of this code, unpermitted grading shall be defined as any grading that was performed, at any point in time, without the required permit(s) hav ing first been obtained from the Building Official or designee , pursuant to subsection A of this section.

D. Availability of Permit at Site. No person shall perform any grading that requires a permit under this chapter unless a copy of the grading permi t and approved grading plans is in the possession of a responsible person and available at the site for the Building Official or designee.

15.06.040 Permit application submittals.

A. Submittal Requirements. In addition to the provisions of CBC, Section 105.3, the applicant shall state the estimated quantities of excavation and fill.

B. Site Plan Requirements. In addition to the provisions of CBC Section 107, a grading plan shall show the existing grade and finished grade in contour intervals of

sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will con form to the requirements of this code.

C. Grading Designation . Grading in excess of five thousand (5,000) cubic yards (three thousand eight hundred twenty -five ((3,825) m3) shall be performed in accordance with the approved grading plan prepared by a ci vil engineer and shall be designated as "engineered grading." Grading involving less than five thousand (5,000) cubic yards (three thousand eight hundred twenty -five ((3,825) m3) shall be designated "regular grading" unless the permittee chooses to have t he grading performed as engineered grading, or the Building Official or designee determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.

D. Regular Grading Requirements . In addition to the provisions of CBC Section 105.3 and subsection B of this section, an application for a regular grading permit shall be accompanied by two sets of plans in sufficient clarity to indicate the nature and extent of the work. The plans shal l give the location of the work, the name of the owner, and the name of the person who prepared the plan. The plan shall include the following information:

1. General vicinity of the proposed site;

2. Limits and depths of cut and fill;

3. Location of any buildings or structures where work is to be performed and the location of any buildings or structures within fifteen (15) feet (4.6 m) of the proposed grading;

4. Contours, flow areas, elevations, or slopes which define existing and proposed drainage patterns.

E. Engineered Grading Requirements . In addition to the provisions of CBC Section 105.3 and subsection B of this section, an application for an engineered grading permit shall be accompanied by four sets of plans and specifications and supporting data consisting of a geotechnical report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the Building Official or designee.

Specifications shal l c ontain information covering construction and material requirements. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give location of the work, the name and address of the owner, and the person by whom they were prepared.

The plans shall include but shall not be limited to, the following information:

1. General vicinity of the proposed site;

2. Property limits and accurate contours of existing ground and details of terrain and area drainage;

3. Limiting dimensions, elevations, o r f inish contours to be achieved by the grading, proposed drainage channels, and related construction;

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a p art of, the proposed work. A map showing the drainage area and the estimated runoff of the area served by any drains shall also be provided;

5. Location of any existing or proposed buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners who are within fifteen (15) feet (4.6 m) of the property that may be affected by the proposed grading operations;

6. Recommendations in the geotechnical engineer ing report shall be incorporated into the grading plans or specifications. When approved by the Building Official or designee , specific recommendations contained in the geotechnical engineer ing report that are applicable to grading may be included by reference;

7. The dates of the geotechnical engineering reports together with the names, addresses, and phone numbers of the firms or individuals who prepared the reports;

8. A statement of the earthwork quantities of material to be excavated and/or filled. Earth work quan tities shall include quantities for geotechnical and geological remediation. In addition, a statement of material to be imported or exported from the site;

9. A statement of the estimated starting and completion dates for work covered by the permit;

10. A statement signed by the owner acknowledging that a field engineer, or geotechnical engineer when appropriate, will be employed to perform the services required by this code, whenever approval of plans and issuance of permit are to be based on the condi tion that such professional persons be so employed. These acknowledgements shall be on a form furnished by the Building Official or designee;

11. A drainage plan for that portion of a lot or parcel to be utilized as a building site (building pad), includ ing elevations of floors with respect to finish site grade and locations of proposed stoops, slabs and fences that may affect drainage;

12. Location and type of any proposed private sewage disposal system;

13. Location of existing and proposed utilitie s, drainage facilities, and recorded public and private easements; and

14. Location of all recorded natural drainage courses and drainage easements.

F. Geotechnical Report . The geotechnical report required by 15.06.040E shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by geotechnical engineer ing factors, including the stability of slopes and liquefaction .

Supplemental reports and data may be required as the Building Official or designee may deem necessary. Recommendations i ncluded in the reports and approved by the Building Official or designee shall be incorporated in the grading plan or specifications.

The geotechnical report required by subsection E of this section shall also include an adequate description of the geolog y o f the site, conclusions, and recommendations

regarding the effect of geologic conditions on the proposed development, and an opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. T he geotechnical report shall include a geologic map and cross sections utilizing the most recent grading plan as a base.

Supplemental reports and data may be required as the Building Official or designee may deem necessary. Recommendations included in the reports and approved by the Building Official or designee shall be incorporated in the grading plan or specifications.

G. NPDES Permit Documents . For applicable projects , a SWPPP and a Water Quality Management Plan, each approved by the City, shall be provided with the grading permit application. Projects for which a SWPPP is not required shall provide a City-approved Erosion and Sediment Control Plan (ESCP).

15.06.050 Grading inspection.

A. General. Grading inspections shall be governed by CBC Section 110 and as indicated herein. Grading operations for which a permit is required shall be subject to inspection by the Building Official or designee and p rofessional inspection of grading operations shall be provid ed by the field engineer or geotechnical engineer retained to provide such services in accordance with this section for engineered grading and as required by the Building Official or designee for regular grading.

B. Special and Supplemental Inspections . The special inspection re quirements of CBC Section 1704 shall apply to work performed under a grading permit where required by the Building Official or designee . In addition to the called inspections specified in subsection F of this section, the Building Official or designee may make such other inspections as may be deemed necessary to determine that the work is being performed in conformance with the requirements of this code. Investigations and reports by an approved soil testing agency, geotechnical engineer, and field engineer may be required. Inspection reports shall be provided when requested by the Building Official or designee.

Continuous inspection of drainage devices by the field engineer in accordance with this section may be required when the Building Official or designee determines the drainage devices are necessary for the protection of the structures in accordance with Section

15.06.090 of this chapter.

C. Field Engineer. The field engineer shall provide professional inspection within such engineer's area of technical specialty, oversee and coordinate all field surveys, set grade stakes, and provide site inspections during grading operations to ensure the site is graded in accordance with the approved grading plan and the appropriate requirements of this code. During site grading, and at the completion of both rough grading and final grading, the field engineer shall submit statements and reports required by Subsections J, K and L . If the revised grading plans are required during the course of work, they shall be prepared by a civi l engineer and approved by the Building Official or designee.

D. Geotechnical Engineer. The geotechnical engineer shall provide inspection within such engineer's area of technical specialty, which shall include professional inspection of the excavation to determine if conditions encountered are in conformance with the approved report and observation during grading and testing for required compaction.

The geotechnical engineer shall provide sufficient observation during the preparation of the natural grou nd and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from t he approved geotechnical engineer ing reports shall be submitted to the permittee, the Building Official or designee and the field engineer.

E. Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved pla ns and specifications and in conformance with the provisions of this code and the permittee shall engage project consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the project c onsultants, the contractor, and the Building Official or designee. In the event of changed conditions, the permittee shall be responsible for informing the Building Official or designee of such change and shall provide revised plans for approval.

F. Building Official or designee . The Building Official or designee shall inspect the project site at the following various stages of work requiring approval to determine that adequate control is being exercised by the project consultants.

1. Pre-Grade. Before any construction or grading activities occur at the site.

The permittee shall schedule a pre -grade inspection with the Building Official or designee. The permittee is responsible for coordinating that all project consultants are present at the pre-grade inspection;

2. Initial. When the site has been cleared of vegetation and unapproved fill and it has been scarified, benched , over excavated, or otherwise prepared for fill. No fill shall have been placed prior to this inspection;

3. Rough. When approximate final elevations have been established; drainage terraces, swales, and other drainage devices necessary for the protection of the building sites from flooding are installed; berms are installed at the top of the slopes; and the statements required by s ubsection L of this section have been received;

4. Final. When grading has been completed; all drainage devices necessary to drain the building pad are installed; slope planting is established, irrigation systems are installed; and the as -graded plans an d required statements and reports have been submitted.

G. Notification of Non-Compliance. If, in the course of fulfilling their respective duties under this chapter, the field engineer, or the geotechnical engineer finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies and corrective measures which should be taken shall be reported immediately in writing to the permittee and to the Building Official or designee.

H. Transfer of Responsibi lity. If the field engineer, or the geotechnical engineer of record is changed during the grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competence for approval upo n completion of the work. It shall be the duty of the permittee to notify the Building Official or designee in writing of such change prior to the recommencement of such grading.

I. Non-Inspected Grading. No person shall own, use, occupy, or maintain an y non- inspected grading. For the purpose of this code, non -inspected grading shall be defined as any grading for which a grading permit was first obtained, pursuant to Section

15.06.030, but which has progressed beyond any point requiring inspection and approval by the Building Official or designee without such inspection and approval having been obtained.

J. Routine Field Inspections and Reports . Unless waived by the Building Official or designee, routine inspection reports shall be provided by the fiel d engineer for all engineered grading projects. The field engineer shall file these reports, with the Building Official or designee as follows:

1. Weekly during all times when grading of more than ten -thousand (10,000) cubic yards per week is occurring on the site.

2. Bi-weekly during all times when grading of four hundred (400) cubic yards or more per week is occurring on the site;

3. Monthly, at all other times; and

4. At any time when requested in writing by the Building Official or designee.

5. Such reports shall cer tify to the Building Official or designee that the field engineer has inspected the grading site and related activities and has found them in compliance with the approved grading plans, the building code, grading permit conditions, and other applicable ordinances and requirements.

K. Completion of Work. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspe ction is required by the Building Official or designee:

1. An "as-built" grading plan prepared by the field engineer retained to provide such services in accordance with subsection C of this section showing all plan revisions as approved by the Building Official or designee . This shall include original ground surface elevations, as -built ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and the outlets of subsurface drains. As -built locations, elevations and details of subsurface drains shall be shown as reported by the geotechnical engineer.

The field engineer shall state in a report, to the Building Official or designee, that to the best of their knowledge, the work within their area of resp onsibility was done in accordance with the final approved grading plan;

2. A report prepared by the geotechnical engineer retained to provide such services in accordance with subsection D of this section including locations and elevations of field densi ty tests, summaries of field and laboratory tests, other substantiating data, a final description of the geology of the site and any new information disclosed during the grading , and comments on any changes made during grading and their effect on the recom mendations made in the approved geotechnical engineer ing report. Geotechnical engineer s shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved geotechnical engineer ing report and applicable provisions of this chapter. The reports shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from lan dslide, settlement, or slippage, as well as a

final as -built geologic m ap and cross sections depicting all the information collected prior to and during grading.

3. The grading contractor shall submit in a form prescribed by the Building Official or designee a statement of conformance to said as -built plan and the specifications.

L. Notification of Completion . The permittee shall notify the Building Official or designee when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facili ties and their protective devices, and all erosion control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted and approved.

M. Change of Ownership. If a grading permit has been i ssued on a property and the Building Official or designee has not approved the final grading when a property changes ownership, a new grading application and permit will be required from the new property owner.

15.06.060 Excavations.

A. General. Unless otherwise recommended in the approved geotechnical engineering, cuts shall conform to the provisions of this section. In the absence of an approved geotechnical engineer ing report, these provisions may be waived, as approved by the Building Official or de signee, for minor cuts not intended to support structures or subject to a surcharge.

B. Maximum Cut Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than two units horizontal to one-unit vertical (fifty (50) percent slope) unless the permittee furnishes a geotechnical engineer ing report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or p rivate property. The Building Official or designee may require the excavation to be made with a cut face flatter in slope than two units horizontal to one unit vertical if the Building Official or designee finds it necessary for stability and safety.

C. Slope Surface Protection . All slopes must be stabilized against surface erosion.

Stabilization may be accomplished through the application of erosion control blankets, soil stabilizers or other means as approved by the Building Official or designee.

15.06.070 Fills.

A. General. Unless otherwise recommended in the approved geotechnical engineering report, fills shall conform to the provisions of this section. In the absence of an approved geotechnical engineer ing report, and if approved by the Building Official or designee , these provisions may be waived for minor fills not intended to support structures.

B. Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than two units horizontal to one-unit vertical (fifty (50) percent slope). The ground structure shall be prepared to receive fill by removing vegetation, non -complying fill, topsoil and other unsuitable materials scarifying to provide a bind with the new fill.

Where slopes are steeper than five units horizontal to one-unit vertical (twenty (20) percent slope) and the height is greater than five feet (1.5 m), the ground surface shall be prepared to receive fill by benching into sound bedrock or other competent material as determined by the geotechnical engineer . The ground preparation shall be in accordance with Figure 15.06.070 or as determined by the geotechnical engineer. The key under the toe of the fill on a slope steeper than five units horizontal to one-unit vertical (twenty (20) percent slope) shall be at lea st ten feet (3.0 m) wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the key shall be at least ten feet (3.0 m) wide. The cut shall be made before placing the fill and the geotechnical engineer shall accept the cut as suitable for the foundation and placement of fill material.

C. Subdrains. Except where recommended by the geotechnical engineer as not being necessary, subdrains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident. Such subdrainage systems shall be of a material and design approved by the geotechnical engineer and acceptable to the Building Official or designee. The geotechnical engineer shall provide continuous inspection during the process of subdrain installation to conform to the approved plans and the geotechnical engineer's recommendation. Testing of materials shall be done by a soil testing agency based on the geotechnical engineer's recommendation. The location of the subdrains shall be shown on a plan by the geotechnical engineer.

Excavations for the subdrains shall be inspected by the geotechnical engineer when such subdrains are included in the recommendations of the geotechnical engineer.

D. Fill Material. Detrimental amounts of organic material shall not be permitted in fills.

Unless approved by the Building Official or designee , no rock or similar irreducible material with a maximum dimension of greater than twelve (1 2) inches (0.3 m) shall be buried or placed in fills.

Exception: The Building Official or designee may permit placement of larger rock when the geotechnical engineer properly devises a method of placement, and continuously inspects its placement and approv es the fill stability. The following conditions shall also apply:

1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan;

2. Rock sizes greater than twelve (12) inches (0.3 m) in maximum dimens ion shall be ten feet (3.0 m) or more below grade, measured vertically;

3. Rocks shall be placed so as to assure filling of all voids with well-graded soil;

4. The reports submitted by the geotechnical engineer shall acknowledge the placement of the ov ersized material and whether the work was performed in accordance with the engineer's recommendations and the approved plans;

5. The location of the oversized rock dispersal areas shall be shown on the as - built plan.

FIGURE 15.06.070

BENCHING DETAILS

E. Compaction. All fills shall be compacted to a minimum of ninety (90) percent of maximum density. Fills shall be compacted throughout their full extent to a minimum relative compaction of ninety (90) percent of maximum dry densit y within forty (40) feet (12.19 m) below finished grade and ninety -three (93) percent of maximum dry density deeper than forty (40) feet (12.19 m) below finished grade, unless a lower relative compaction (not less than ninety (90) percent of maximum dry density) is justified by the geotechnical engineer . The relative compaction shall be determined by A.S.T.M soil compaction test D1557 where applicable. Where not applicable, a test acceptable to the Building Official or designee , shall be used unless the own er furnishes a geotechnical engineering report conforming with the requirements of Section 15.06.040(E), stating that the site has been investigated and giving an opinion that a fill at a steeper slope will be stable and not create a hazard to public or pr ivate property. Substantiating calculations and supporting data may be required where the Building Official or designee determines that such information is necessary to verify the stability and safety of the proposed slope. The Building Official or designe e may require the fill slope be constructed with a face flatter in slope than two units horizontal to one-unit vertical (fifty (50) percent slope) if the Building Official or designee finds it necessary for stability and safety.

Field density shall be dete rmined by a method acceptable to the Building Official or designee. However, not less than ten percent of the required density tests, uniformly distributed, shall be obtained by the sand cone method.

Fill slopes steeper than two units horizontal to one-unit vertical (fifty (50) percent slope) shall be constructed by the placement of soil a sufficient distance beyond the proposed finish slope to allow compaction equipment to operate at the outer surface limits of the final slope surface. The excess fill is t o be removed prior to completion or rough grading. Other construction procedures may be utilized when it is first shown to the satisfaction of the Building Official or designee that the angle of slope, construction method and other factors will comply with the intent of this section.

F. Maximum Fill Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two units horizontal in one-unit

vertical (fifty (50) percent slope) unless calcul ations are provided by a geotechnical engineer which indicate a steeper slope will be stable and approved by the Building Official or designee.

G. Slopes to Receive Fill. Where fill is to be placed above the top of an existing slope steeper than three u nits horizontal to one-unit vertical (thirty-three (33) percent slope), the toe of the fill shall be set back from the top edge of the slope a minimum distance of six feet (1.8 m) measured horizontally or such other distance as may be specifically recommended by a geotechnical engineer and approved by the Building Official or designee.

H. Inspection of Fill. For engineered grading, the geotechnical engineer shall provide sufficient inspections during the preparation of the natural ground and the placemen t and compaction of the fill ensuring that the work is being performed in accordance with the conditions of plan approval and the appropriate requirements of this chapter. In addition to the above, the geotechnical engineer shall be present during the enti re fill placement and compaction of fills that will exceed a vertical height or depth of thirty (30) feet (9.1 m) or result in a slope surface steeper than two units horizontal to one-unit vertical (fifty (50) percent slope).

I. Testing of Fills . Suffic ient tests of the fill soils shall be made to determine the density and to verify compliance of the soil properties with the design requirements.

This includes soil types and shear strengths in accordance with referenced standards in Section 15.06.120.

15.06.080 Setbacks.

A. General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the property line and shall be as shown in Figure 15. 06.080 unless substantiating data is submitted justifying reduced setbacks is recommended by the geotechnical engineering report, approved by the Building Official or designee.

B. Top of Slope . The setback at the top of a cut slope shall not be less th an that shown in Figure 15.06.080, or than is required to accommodate any required interceptor drains, whichever is greater. For manufactured slopes the grading design must be such that the property line between adjacent lots will be at the apex of the ber m at the top of the slope. Property lines between adjacent lots cannot be located on a graded slope equal to five units horizontal to one-unit vertical (twenty (20) percent slope).

FIGURE 15.06.080

SETBACK DIMENSIONS

C. Toe of Fill Slope. The setback from the toe of a fill slope shall not be less than that shown by Figure 15.06.080. Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, approved by the Building Official or designee , shall be included. Such protection may include but shall not be limited to:

1. Setbacks greater than those required by Figure 15.06.080;

2. Provisions for retaining walls or similar construction;

3. Erosion protection of the fill slopes;

4. Provision for the control of surface waters.

D. Alternate Setbacks . The Building Official or designee may approve alternate setbacks. The Building Official or designee may require an investigation and recommendation by a qual ified geotechnical engineer to demonstrate that the intent of this section has been satisfied.

15.06.090 Drainage and terracing.

A. General. Unless otherwise recommended by a registered design professional, and approved by the Building Official or desi gnee, drainage facilities and terracing shall be provided in accordance with the requirements of subsection B of this section for all cut and fill slope where the ground slope is steeper than three units horizontal to one-unit vertical (thirty-three (33) percent slope).

For slopes flatter than three units horizontal to one-unit vertical (thirty-three (33) percent slope) and steeper than five units horizontal to one-unit vertical (twenty (20) percent slope), a paved swale or ditch shall be provided at thirty (30) foot (9.1 m) vertical intervals to control surface drainage and debris. Swales shall be sized based on

contributory area and have adequate capacity to convey intercepted waters to the point of disposal as defined in subsection E of this section. Swal es must be paved with reinforced concrete not less than three inches (.08 m) in thickness, reinforced with six - inch (0.2 m) by six -inch (0.2 m) "No. 10 by No. 10" welded wire fabric or equivalent reinforcing centered in the concrete slab or an approved equ al. Swales must have a minimum gradient of not less than five percent. There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that slope debris will remain in suspension on the reduced grade.

B. Drainage Terraces. Drainage terraces at least eight feet (2.4 m) in width shall be established at not more than thirty (30) foot (9.1 m) vertical intervals on all cut and fill slopes to control surface drainage and debris. When only one terrace is required, it shall be mid-height. For cut or fill slopes greater than one hundred (100) feet (30.5 m) and up to one hundred twenty (120) feet (6.1 m) in vertical height, one terrace at approximately mid-height shall be twenty (20) feet (6.1 m) in width. Terrace widths and spa cing for cut and fill slopes greater than one hundred twenty (120) feet (36.6 m) in height shall be designed by the civil engineer and approved by the Building Official or designee .

Suitable access shall be provided to permit proper cleaning and maintenanc e. Drainage swales on terraces shall have a longitudinal grade of not less than five percent and no more than twelve (12) percent and a minimum depth of one foot (0.3 m) at the flow line.

There shall be no reduction in grade along the direction of flow unl ess the velocity of flow is such that slope debris will remain in suspension on the reduced grade. Such terraces must be paved with reinforced concrete not less than three inches (0.08 m) in thickness, reinforced with six-inch (0.2 m) by six-inch (0.2 m) "No. 10 by No. 10" welded wire fabric or equivalent reinforcing centered in the concrete slab or an approved equal paving. They shall have a minimum depth at the deepest point of one foot (0.3 m) and a minimum paved width of five feet (1.5 m). Drainage terr aces exceeding eight feet (2.4 m) in width need only be so paved for a width of eight feet (2.4 m), provided such pavement provides a paved swale at least one foot (0.3 m) in depth. Down drains or drainage outlets shall be provided at approximately three h undred (300) foot (91.44 m) intervals along the drainage terrace or at equivalent locations. Down drains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal as defined in subsection E of this section.

C. Interceptor Drains and Overflow Protection . Berms, interceptor drains, swales, or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from overflowing onto and damaging the face of a slope. Berms used for slope protection shall not be less than twelve (12) inches (3.0 m) above the level of the pad and shall slope back at least four feet (1.2 m) from the top of the slope.

Interceptor drains shall be installed along the top of manufactur ed slopes greater than five feet in height receiving drainage from a slope with a tributary width greater than thirty (30) feet (9.1 m) measured horizontally. They shall have a minimum depth of one foot (0.3 m) and a minimum width of three feet (0.9 m). Th e slope shall be approved by the Building Official or designee , but shall not be less than fifty (50) horizontal to one vertical (two percent). The drain shall be paved with concrete not less than three inches (0.08 m) in thickness, or by other materials s uitable to the application and reinforced as required for drainage terraces. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the Building Official or designee.

D. Drainage Across Property Lines. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of non -erosive down drains or other devices.

E. Disposal. All onsite drainage facilities shall be designed to carry runoff waters discharged from the site to the nearest practicable street, storm drain system, or natural watercourse drainag e w ay approved by the Building Official or designee or other appropriate governmental agency jurisdiction, provided it is a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. Desilting basins, filter barriers or other methods, as approved by the Building Official or designee , shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains, or natu ral watercourses. If the drainage device discharges onto natural ground, riprap or a similar energy dissipater may be required.

Building pads shall have a minimum drainage gradient of two percent toward approved drainage facilities, a public street or drai nage structure approved to receive storm waters unless waived by the Building Official or designee . A lesser slope may be approved by the Building Official or designee for sites graded in relatively flat terrain, or where special drainage provisions are ma de, when the Building Official or designee finds such modification will not result in unfavorable drainage conditions.

15.06.100 Slope planting and erosion control.

A. General. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control shall consist of effective planting, erosion control blankets, soil stabilizers or other means as approved by the Building Official or designee.

Exception: Erosion control measures need not be provided on cut slopes not sub ject to erosion due to the erosion -resistant character of materials as approved by the project consultants to the satisfaction of the Building Official or designee.

Erosion control for the slopes shall be installed as soon as practicable and prior to calling for final inspection.

B. Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.

C. Planting. The surface of all cut slopes more than five feet (1.6 m) in he ight and fill slopes more than three feet (9.1 m) in height shall be protected against damage by erosion. Slopes exceeding fifteen (15) feet (4.6 m) in vertical height shall be planted with shrubs, spaced at not to exceed ten feet (3.0 m) on centers; or tr ees, spaced at not to exceed twenty (20) feet (6.1 m) on centers; or a combination of shrubs and trees at equivalent spacings. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site. Plant material shall be selected which will produce a coverage of permanent planting to effectively control erosion. Consideration shall be given to deep-rooted plant material needing limited watering, maintenance, high root to shoot ratio, wind susceptibility and fire r etardant characteristics. All plant materials must be approved by the Building Official or designee.

Planting may be modified for the site if specific recommendations are provided by both the geotechnical engineer and a landscape architect. Specific recomm endations must consider soils and climatic conditions, irrigation requirements, planting methods, fire retardant characteristics, water efficiency, maintenance needs, and other regulatory requirements. Recommendations must include a finding that the altern ative planting will provide a permanent and effective method of erosion control. This modified planting shall be approved by the Building Official or designee.

D. Irrigation. Slopes required to be planted by subsection C of this section shall be provided with an approved system of irrigation that is designed to cover all portions of the slope. Irrigation system plans shall be submitted and approved prior to installation. A functional test of the system may be required. Specific recommendations must consi der soils and climatic conditions, plant types, planting methods, fire retardant characteristics, water efficiency, maintenance needs, and other regulatory requirements. Modifications for irrigation systems shall be approved by the Building Official or designee.

E. Plans and Specifications. Planting and irrigation plans shall be submitted for slopes required to be planted and irrigated by subsections C and D of this section.

Except as waived by the Building Official or designee for minor grading, the pla ns for slopes twenty (20) feet (6.1 m) or more in vertical height shall be prepared and signed by a civil engineer or landscape architect. If requested by the Building Official or designee, planting and irrigation details shall be included on the grading plan.

F. Release of Security . The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of the grading security, the planting shall be well established and growing on the slopes.

15.06.110 National Pollutant Discharge Elimination System (NPDES) compliance.

A. General. All grading plans and permits shall comply with the provisions of this section for NPDES compliance.

All best manag ement practices shall be installed before grading begins. All best management practices shall be updated as necessary to prevent erosion and control construction-related pollutants from discharging from the site. All best management practices shall be main tained in good working order to the satisfaction of the Building Official or designee unless final grading approval has been granted by the Building Official or designee and all permanent drainage and erosion control systems, if required, are in place.

B. Storm Water Pollution Prevention Plan (SWPPP). For project sites subject to the CGP, or when requested by the Building Official or designee, no grading permit shall be issued unless the plans for such work include a City-approved SWPPP with details of best management practices, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to control construction -related pollutants which originate from the site as a result of construction -related activities. For project sites not subject to the CGP, no grading permit shall be issued unless the plans for such work include a City-approved ESCP.

15.06.120 Referenced standards.

These regulations establish minimum standards and are not intended to prevent the use of alternate materials, methods or means of conforming to such standards, provided such alternate has been approved.

The Building Official or designee shall approve such an alternate, provided he or she finds that the alternate is, for the purpose intended, a t l east the equivalent of that prescribed in this code in quality, strength, effectiveness, durability and safety.

The Building Official or designee shall require that sufficient evidence or proof be submitted to substantiate any claims regarding the alternate.

The standards listed below are recognized standards.

Testing
TABLE INSET:

1.1 ASTM D
1557
Laboratory Characteristics Compaction of Soil Using
Modified Effort

1.2 ASTM D
1556
Density and Unit Weight of Soils in Place by the Sand Con e Method

1.3 ASTM D
2167
Density and Unit Weight of Soils in Place by the Rubber -- Balloon Method

1.4 ASTM D
2937 Density of Soils in Place by the Drive-Cylinder Method

1.5 ASTM D
2922
Density of Soil and Soil Aggregate in Plac e b y Nuclear Methods

1.6 ASTM D
3017
Water Content of Soil and Rock in Place by Nuclear
Methods