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
City of Hesperia
STAFF REPORT
DATE: November 15, 2022
TO: Mayor and City Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Victor Knight, Economic Development Manager
SUBJECT: Substantial Amendment to the Community Development Block Gran t (CDB G) 2021-2022 and 2022-2023 Annual Action Plans
RECOMMENDED ACTION
It is recommended that the City Council: (1) conduct a public hearing and upon accepting public testimony, adopt Resolution No. 2022-76 including any modifications or amendments thereto (2) approve a Substantial Amendment to the Community Development Block Grant ( “CDBG”) 2021-2022 and 2022 -2023 Annual Action Plan s (“Action Plan s”) by repurposing a total of $3,747,044 from prior year unprogrammed CDBG funds and program income from the Neighborhood Stabilization Program (NSP) to the 2021-2022 Street Improvement Project ; (3) authorize staff to appropriate prior year unprogrammed CDBG funds and NSP program income for the 2021 -2022 Street Improvement Project; and (4) authorize the City Manager and/or Designee to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plan s, and any additional amendments , to assure the City’s timely expenditure of CDBG funds.
BACKGROUND
The U.S. Department of H ousing and Urban Development (“HUD”) requires all entitlement communities receiving CDBG funds to prepare and submit a Consolidated Plan (“Con Plan”) every five (5) years to establish a unified, strategic vision for economic development, housing and community development activities.
The Con Plan is carried out through Action Plans, which provide the activities and resources that will be used each year to accomplish the goals identified in the Con Plan. The City is required to submit an Action Plan to HUD each year of the five-year Con Plan period.
Substantial Amendments to a Con Plan and/or Action Plan are required when a “substantial” change is proposed to funding levels, goals, or activities. In this case, the repurposing of $3,747,044 from unprogram med CDBG funds and program income from the NSP to the 2021-2022 CDBG Street Improvement Project triggers a “substantial” change.
ISSUES/ANALYSIS
In 2008, the City received funds under the NSP which Congress created to counteract the negative consequences of the foreclosure crisis brought about by the housing market collapse.
Since its inception, the City has expended all its NSP grant funds and anticipates closing out the program during the 2022 calendar year. The City’s NSP has generated program inco me in the amount of $3,535,941 that is allowed to be transferred to the CDBG program and allocated to eligible activities.
Staff Report to the Mayor and Council Members
Substantial Amendment to CDBG 2021-2022 & 2022-2023 Action Plans November 15, 2022
This Substantial Amendment to the Action Plans is necessary because the City is proposing to (a) allocate $211,103 in prior year un committed CDBG funds, and (b) transfer $3,535,941 of NSP program income to the City’s existing 2021 -2022 CDBG Street Improvement Project, upon completion of a final NSP draw, as approved by HUD. The 2021 -2022 CDBG Street Improvement Project will be split into two (2) phases, completed simultaneously, to ensure timely completion. The project will improve various roadways throughout CDBG eligible areas within the City’s limits. The proposed repurposing of the funds to the 2021 -2022 CDBG Street Improvement Project is anticipated to assist a vast amount of residents.
FISCAL IMPACT
There will be no negative impact to the City’s General Fund. The $211,103 in uncommitted prior year CDBG funds impacted by this Substantial Amendment has previously been awarded to and allocated by the City through its annual allocation. The $3,535,941 in program income was generated by the City’s NSP and has been approved by HUD to be transferred to the City’s CDBG program budget. The Substantial Amendment will require a City budget amendment for the following: (a) an increase to NSP account 257-25-270-2700-9000 to facilitate the transfer of $3,535,941 in NSP funds to CDBG Fund 251; and ( b) a n increase of $3,5 67,083 to C DBG account 251-29-700-7166-8000 in order to allocate fun ds to the 2021 -2022 CDBG Street Improvement Project. This will result in a FY 2022 -23 project budget of $3,921,683, in alignment with the CDBG Substantial Amendment.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Substantial Amendment to Action Plans
2. Resolution No. 2022-76
CITY OF HESPERIA
2021-2022 AND 2022-2023 ACTION PLAN
SUBSTANTIAL AMENDMENT
DRAFT FOR PUBLIC COMMENT PERIOD
October 14, 2022 – November 15, 2022
Attachment 1
Draft Substantial Amendment – for Public Review
Annual Action Plan HESPERIA
OMB Control No: 2506-0117
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Draft Substantial Amendment – for Public Review
Annual Action Plan HESPERIA
OMB Control No: 2506-0117
Table of Contents
EXECUTIVE SUMMARY ................................ ................................ ................................ ................................ ........... 1 PROCESS ................................ ................................ ................................ ................................ ................................ .. 1 EXPECTED RESOURCES – 91.220(C)(1,2) ................................ ................................ ................................ ........ 2 ANNUAL GOALS AND OBJECTIVES – 91.220(C)(3) ................................ ................................ .......................... 3 PROJECTS – 91.220(D) ................................ ................................ ................................ ................................ ........ 4
Draft Substantial Amendment – for Public Review
Annual Action Plan HESPERIA Pg. 1
OMB Control No: 2506-0117
EXECUTIVE SUMMARY
Background
The U.S. Department of Housing and Urban Development (HUD) requires all entitlement communities receiving Community Development Block Grant (CDBG) funds, such as the City of Hesperia, to prepare and submit a Consolidated Plan every five (5) years to establish a unified, strategic vision for economic development, housing and community development actions. The Consolidated Plan encompasses the analysis of local community needs and coordinates appropriate responses to those needs and priorities.
The Consolidated Plan is carried out through Annual Action Plans which provid e a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified in the Consolidated Plan.
In addition, in 2008, the City received funds under the Neighborhood Stabilization Program (NSP) which Congress created to counteract the negative consequences of the foreclosure crisis brought about by the housing market collapse. Since its inception, the City has since expended all its NSP gran t funds and anticipates closing out the program during the 2022 -2023 program year. As part of the NSP closeout process, the City is allowed to transfer program income generated under the program, over to the CDBG program to be repurposed for CDBG eligible activities.
Per the City’s Citizen Participation Plan (CPP), a Substantial Amendment to a Consolidated Plan and Action Plan is required when a “substantial” change is proposed as it relates to funding priorities, proposed activities, goals and objectiv es. This substantial amendment to the Action Plan is necessary because the City is proposing to a) repurpose $211,103 in prior year uncommitted CDBG funds, and b) transfer $3,535,941 of NSP program income to the City’s existing 2021-2022 Street Improvement Project.
CDBG
Uncommitted Pre-PY 2022 CDBG Funds: $211,103
NSP
Program Income: $3,535,941
Sources
The City will program the following resources in this substantial amendment to the PY 202 2 Annual Action Plan and corresponding FY 2020-2024 Consolidated Plan (which may be found at https://www.cityofhesperia.us/98/Community-Development-Block-Grant-Progra) to increase the budgets for the 2021-2022 Street Improvement Project, which will be split into two (2) phases, completed simultaneously, to ensure timely completion.
Pre-PY 2022 Formula CDBG: $211,103
NSP Program Income: $3,535,941
TOTAL: $3,747,044
Draft Substantial Amendment – for Public Review
Annual Action Plan HESPERIA Pg. 2
OMB Control No: 2506-0117
The City Council is responsible for determining how CDBG funds will be used to provide decent housing, a suitable living environment, and expanded economic opportunities principally for low- and moderate -income persons. In consultation with the City Council, City departments , and partners serving the needs of low- and moderate-income in the community, this submission to the City Council requests approval to invest the above funding for the activities listed below.
Proposed Activities
2021/2022 Street Improvement Project:
Original Allocation: $174,639
Proposed Increase: $3,747,044
Total Proposed Budget: $3,921,683
Draft Substantial Amendment – for Public Review
Annual Action Plan HESPERIA Pg. 1
OMB Control No: 2506-0117
PROCESS
The City is conducting a 30-day public review period for this substantial amendment from October 14, 2022 , through November 15, 2022. The City will conduct a public hearing for the substantial amendment as part of the November 15, 2022, City Council meeting.
To encourage review and comment on the proposed activities, the City published notices in English and Spanish in the Hesperia Resorter on Thursday, October 13, 2022, the City’s website and social media accounts, advertising the substantial amendment in compliance with the City’s Citizen Participation Plan. An electronic copy of the substantial amendment is available on the City’s website and hard copies were made available at the City Economic Development Department, the City Clerk’s Office, and the Hesperia Public Library.
To ensure reasonable participation in the public hearing, residents may attend the public hearing in person at the City Council Chambers located 9700 Seventh Avenue, Hesperia, Ca 92345 or can watch it live streamed on the City’s website. Public comments can be made in-person at City Council Meetings and/or via telephone by calling ahead of time and recording a message with the City Clerk’s office at (760) 947-1056. City Council meetings may be viewed live or after the event on the City’s website at www.cityofhesperia.us
Sort
Order
Activity Target Population Summary Summary of Comments
Received
1. Public
Hearing
Minorities
Non-English
Speaking
Persons with
disabilities
Broad community
Residents of
public/assisted
housing
Stakeholders
The City conducted its
public hearing to review
the Substantial
Amendment on
November 15, 2022.
(to be completed after
public hearing)
2. Comment
Period
Minorities
Non-English
Speaking
Persons with
disabilities
Broad community
Residents of
public/assisted
housing
Stakeholders
The City conducted its
comment period from
October 14, 2022,
through November 15,
2022.
(to be completed at close
of public comment
period)
Table 1 – Resident Engagement
Draft Substantial Amendment – for Public Review
Annual Action Plan HESPERIA Pg. 2
OMB Control No: 2506-0117
EXPECTED RESOURCES – 91.220(C)(1,2)
Introduction
The City is repurposing $211,103 from Pre-PY 2022 formula uncommitted CDBG resources and $3,535,941 in NSP program income resources. The un committed resources are a result of program income generated during the 2021 PY and balances left over on completed activities.
Anticipated Resources
Program Source
of
Funds
Eligible Use of Funds Funds Narrative Description
Formula
CDBG
Public-
Federal
Public Services
Economic Development
Public Improvements
Affordable Housing
Planning and
Administration
$211,103 Activities to provide
decent housing, a suitable
living environment, and
expanded economic
opportunities principally
for persons of low- and
moderate- income within
the City.
NSP
Program
Income
Public-
Federal
Public Services
Economic Development
Public Improvements
Affordable Housing
Planning and
Administration
(after transfer)
$3,535,941 Activities to provide
decent housing, a suitable
living environment, and
expanded economic
opportunities principally
for persons of low- and
moderate- income within
the City (after transfer).
Table 2 - Expected Resources
Explain how federal funds will le verage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
In the initial planning and programming of these resources, the Economic Development Department has worked closely with other city departments as well as monitored other funding sources available at the local, state, and federal level to ensure that the City is not providing duplicative assistance and addressing unmet needs an d gaps for low - and moderate-income residents.
Draft Substantial Amendment – for Public Review
Annual Action Plan HESPERIA Pg. 3
OMB Control No: 2506-0117
Annual Goals and Objectives – 91.220(c)(3)
The City will be amending its Public Facility and Infrastructure Improvements goal to repurpose Pre-PY 2022 CDBG and NSP Program Income resources. These resources will be re -programmed in the PY 2022 Action Plan and corresponding PY 2020 – PY 2024 Consolidated Plan.
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome
Indicator
1 Public Facility
and
Infrastructure
Improvements
2022 2023 Non-Housing
Community
Development
CDBG
Low- and
Moderate-
Income
Census
Track/Block
Groups
Provide public
facility and
infrastructure
improvements
to create
suitable living
environment
$3,747,044 Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit: 5,000
Persons
Assisted
Table 3 – Annual Goals
Draft Substantial Amendment – for Public Review
Annual Action Plan HESPERIA Pg. 4
OMB Control No: 2506-0117
PROJECTS – 91.220(D)
Introduction
With the repurposing of Pre-PY 2022 CDBG and NSP Program Income resources, the City will increase funding to the following project in the PY 2022 Annual Action Plan:
Project
# Project Name
1. 2021-2022 Street Improvement Project
Table 4 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
This project was determined in consultation with City staff, departments, and stakeholders serving low- and moderate-income residents of Hesperia to provide decent housing, a suitable living environment, and expanded economic opportunities principally for persons of low- and moderate- income within the City.
Project Summary Information
1 Project Name 2021-2022 Street Improvement Project
Target Area CDBG Low- and Moderate-Income Census Tract/Block Groups Goals Supported Public Facility and Infrastructure Improvements Needs Addressed Provide public facility and infrastructure improvements to create suitable living environments.
Funding CDBG/NSP PI: $3,747,044
Description Preserve and improve public facility and infrastructure to benefit low- and moderate -income people or those presumed under HUD regulations to be low- and moderate-income such as elderly people and disabled adults.
Target Date 12/31/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
Approximately 5,000 persons
Location Description CDBG Low- and Moderate-Income Census Tract/Block Groups Planned Activities The project will improve various roadways throughout the City, which will improve the safety of vehicular traffic and reduce maintenance costs. All work will be completed within existing right of way, within predominantly residential areas meeting the 51% low- and moderate-income CDBG requirement.
Table 5 – Project Details
RESOLUTION NO. 2022-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPE RIA,
CALIFORNIA, APPROVING THE SUBSTANTIAL AMENDMEN T TO THE 2021-2022 AND 2022-2023 ANNUAL ACTION PLANS AND AUTHORIZING THE
CITY MANAGER AND/OR DESIGNEE TO EXECUTE AND TRANS MIT A LL
NECESSARY DOCUMENTS TO HUD UPON COMPLETI ON OF THE PUBLIC
REVIEW PERIOD
WHEREAS, the United States Department of Housing and Urban Development ( “HUD”) requires the City to adopt and implement a Five -Year Consolidated Plan for the expenditure of the City’s annual allocation of Community Development Block Grant ( “CDBG”) funds in support of projects and activities predominantly benefitting low- and moderate-income residents; and WHEREAS, the Consolidated Plan contains certain goals and accomplishments to be met during the five -year consolidated planning period through the expenditure of CDBG funds and other identified funding sources; and
WHEREAS, the Consolidated Plan is carried out through Annual Action Plans which provide the actions, activities, and t he resources that will be used each year to accomplish the goals identified in the Consolidated Plan; and
WHEREAS, the City anticipates closing out their Neighborhood Stabilization Program ( “NSP”), and
WHEREAS, part of the NSP closeout process, the City is allowed to transfer program income generated under the NSP to the CDBG program; and
WHEREAS, a Substantial Amendment to a Consolidated Plan and Annual Action Plan is required when a “substantial” change is proposed as it relates to funding priorities , proposed activities, goals and objectives; and
WHEREAS, City Council desires to repurpose $211,103 in prior year uncommitted CDBG funds and transfer $3,535,941 of program income generated under NSP to the City’s existing 2021-2022 Street Improvement Project, thereby triggering a Substantial Amendment; and WHEREAS, the City Council desires to amend the City’s FY 2022 -23 Budget for CO 7166 - 2021-2022 CDBG Street Improvement Project by increasing the project budget by $3,567,083, from the current budget of $354,600, for a total project budget of $3,921,683 in order to align with the proposed CDBG Substantial Amendment; and
WHEREAS, the City is in compliance with its Citizen Participation Plan which requires the City to conduct a public hearing and a 30 -day public review period to receive public input when a Substantial Amendment to a Consolidated Plan and Annual Action Plan is proposed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AS FOLLOWS:
Section 1. The recitals above are true and correct and are adopted as findings.
Resolution No. 2022-76
Authorizing Certain Actions Regarding
Substantial Amendment to the 2021-2022 and 2022-2023 Annual Action Plans
Section 2. The City Council approves the Substantial Amendment to the Annual Action Plans.
Section 3. The City Manager and/or Designee are hereby authorized to execute all necessary documents and any certif ications to execute the Substantial Amendment to the Annual Action Plans.
Section 4. The City Council further authorizes the City Manager and/or Designee to approve any modifications and/or amendments to the Substantial Amendment to the Annual Action Plans if required to ensure approval by HUD.
Section 5. That the City Council of the City of Hesperia approves the budget amendments with the following expenditure appropriations from the funds noted below:
Neighborhood Stabilization Program (NSP) Fund 2 57 – Operating Transfer Out to Fund CDBG Fund 251 related to the close -out of NSP into CDBG $3,535,941
CDBG Fund 251 – CO 7166 FY 2021-22 CDBG Street Improvement Project Grant Expenditures
$3,567,083
Section 6. 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 15th day of November 2022.
______________________________
Brigit Bennington, Mayor
ATTEST:
____________________________
Erin Baum, Assistant City Clerk
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City of Hesperi a
STAFF REPORT
DATE: November 15, 2022
TO: Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
SUBJECT: Proposed Termination of Victor Valley Wastewater Reclamation Authority (VVWRA) Service Agreement and Other Controlling Agreements
RECOMMENDED ACTION
It is recommended that the City Council and Hesperia Water District Board direct the City Manager (General Manager of the Hesperia Water District) to officially notify the Victor Valley Waste Reclamation Authority ( VVWRA) and me mber a gencies, that the City of Hesperia (Hesperia Water District) will exit VVWRA by providing its 30 -year notice to term inate the service agreement and any other controlling agreements.
BACKGROUND
Hesperia is one of four members of the VVWRA Joint Powers Authority. Other members include the County of San Bernardino, the Town of Apple Valley and the City of Victorville. For the past decade a legal conflict amon gst member agencies originating from the City of Victorville’s construction of a wastewater plant and flow diversion from VVWRA to that plant existed. This action by the City of Victorville violated the Joint P owers Authority agreement. Additionally, during this period on April 5, 2016, the Victorville City Council voted to exit the VVWRA Joint Powers Authority which requires a 30-year notification.
Over a year ago , VVWRA reached a settlement with the City of Victorville and the City of Hesperia thus ending the long legal dispute. Victorville did not rescind its 30 -year exit notification to VVWRA as part of this settlement.
ISSUES AND ANALYSIS
VVWRA operations are primarily funded by treatment o f flow. Each member agency pays the same rate to treat the flow of wastewater. The more an agency sends to VVWRA the more they must pay to treat the flow. Additionally, infrastructure built by VVWRA is generall y paid with connection fees.
Currently, the City of Victorville accounts for about 60% of the flow of wastewater to VVWRA.
Accordingly, Victorville pays roughly 60% of the revenue to VVWRA because they use 60% of the service. At this time Victorville has less than 24 years left before they exit VVWRA. When this happens the remaining three agencies will have to run the J oint Powers Authority with a significant loss of revenue.
It is impossible to determin e with any level of accurac y what V VWRA’s financial situation will look like in 24 years or to predict the condition of its i nfrastructure at that time. What is clear is that the remaining member agencies will bear the operational costs, unfunded pension
Staff Report to the Mayor and City Council
Proposed Termination of VVWRA Service Agreement
November 15, 2022
obligations and any debt owed. This is a significant risk to future Hesperia rate payers and th e Hesperia Water District.
Further, VVWRA has struggled to meet its stated commitments to Hesperia. The City has spent over $10 million dollars constructing the largest reclaimed water infrastructure in the Mojave River Valley, intending to pay for the investment with the sale of reclaimed water. VVWRA made commitments that it could provide one million gallons per day of reclaimed water initially and up to 1.7 million gallons per day could be provided with some minor upgrades to the sub-regional plant if requested.
The City made that request on September 26, 2018 . VVWRA did not provide any significant reclaimed water to Hesperia for about four years after the sub -regional plant was completed.
Subsequently, payments on the debt had to be paid without the revenue of the reclaimed water sales. For approximately five months Hesperia has been receiving reclaimed wa ter from VVWRA. Production of this reclaimed water has slowly ramped up over this time. However, the reclaimed water deliveries seem to have peaked at a bout 400,000 gallons per day. This i s significantly less than the commitments made to Hesperia by VVWRA.
Last year the C ity notified VVWRA that o ne of two options would have to materialize, or Hesperia would vote on exiting the VVWRA Joint Powers Authority before the end of 2022. The first option would require the City of Victorville to rescind its exit notification to VVWRA. This has not happened. The second option is for a new JPA agreement to be in place that is acceptable to the City and reconfirms all members to VVWRA, thus eliminating Victorville’s exit notification.
This has not happened. If Hesperia gives its 30-year exit notification, it can be rescinded if one or both above options occur.
FISCAL IMPACT
The impact will depend on the financial condition of VVWRA 30 years from now. Potentially this could save rate payers and Hesperia Water District many millions of dollars over time.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
City of Hesperia
STAFF REPORT
DATE: November 15, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
SUBJECT: Residential Christmas Decoration Contest
RECOMMENDED ACTION
It is recommended that the City Council give direction to staff on the establishment of a residential Christmas decoration contest.
BACKGROUND
At the November 1, 2022 City Council Meeting, Council Member Gregg requested that an item be agendized to discuss the City coordinating a residential Christmas decoration contest.
ISSUES/ANALYSIS
Given the holiday season is fast approaching, to accompli sh a residential Christmas decoration contest this year, the following would be arranged:
Advertise contest on social media and City website;
Invite interested residents to submit photo to City email; Submissions will be accepted between November 28, 2022 – December 12, 2022; Selection Committee votes in person at City Hall on Tuesday, December 13, 2022; Honoree recognized with trophy at December 20, 2022 City Council Meeting.
Options for the determining the Selection Committee include: a) one member of each the City Council, Planning Commission, and City Council Advisory Committee; b) each member of the Planning Commission; c) each member of the City Council Advisory Committee . Due to the proposed timing of the contest, the selection of the winning submissions will be done in person at City Hall, not during a regularly scheduled meeting of the Council, Commission or Committee.
FISCAL IMPACT
Nominal.
ALTERNATIVE(S)
1. Provide alternative direction to staff.