AMENDMENT NUMBER: ONE
TO
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
ROBERT HALF INTERNATIONAL INC.
FOR
TEMPORARY STAFFING, DIRECT-HIRE, AND OTHER EMPLOYER SERVICES, PROJECT ESC23-069
THIS AMENDMENT (the “Amendment”) is made and entered into this day of 2023, by and between the City of Victorville, a municipal corporation, located in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “City”), and Robert Half International Inc., a Delaware corporation, hereinafter referred to as “Service Provider.” The City and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.” Recitals
1.WHEREAS, the City has a General Services Provider Standard Agreement (hereinafter referred to as the “Original Agreement”) with the Service Provider to provide Temporary Staffing, Direct-hire, and other Employer Services; and
2.WHEREAS, it is the desire of the Parties to issue Amendment One (1) to the Original Agreement to increase Section 3., Compensation by $95,000.00, thereby revising the total annual not to exceed sum from $123,000.00 to $218,000.00; and
3.NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“The City shall pay a total annual sum not to exceed Two Hundred Eighteen thousand and 00/100 dollars ($218,000.00) for the services to be rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.” Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
General Services Provider Standard Agreement/Robert Half International, Inc./Project ESC23-069/Amendment 1
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
CITY OF VICTORVILLE ROBERT HALF INTERNATIONAL, INC.
By: By:
Debra Jones, Melinda Allison,
Mayor Vice President, Strategic
Accounts
Dated: Dated:
ATTEST
By:
Jennifer Thompson,
City Clerk
Dated:
CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM
By: By:
John Preston, Andre de Bortnowsky,
Risk Manager City Attorney
Dated: Dated:
Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: April 18, 2023
Submitted By:
Jorge Duran, Code Enforcement Official
Subject:
Pet Assistance and Support (PAS) Program – Round 3
Recommendation:
That the City Council adopt Resolution No. 23-020 approving the acceptance of additional funding offered by the Pet Assistance and Support (PAS) Program, Round 3 funding in the amount of $15,959.00, amend the FY 2022/23 budget and authorize the City Manager or his designee to process all documents required for program administration.
Fiscal Impact:
Adopting Resolution 23-020 (Attachment A) will result in additional revenue and expenditures in the amount of $15,959. These funds will be allocated as follows:
Account Amount
•2705020 43110 45011 (Revenue) $15,959.00
•2705020 51100 45011 (Wages Expense) $ 8,459.00
•2705020 52110 45011 (Supplies Expense) $ 5,000.00
•2705020 52300 45011 (Contract Services Expense) $ 2,500.00 Strategic Plan Goal:
The PAS grant award supports the City of Victorville Strategic Plan 2020-2023 in relation to Goal A (Financial Sustainability), Goal B (Public Safety) and Goal D (Reduce Homelessness) by increasing available funding for the care and support of pets owned by individuals experiencing homelessness and further aid such individuals with shelter and shelter for their pets.
Background:
The intent of the California Department of Housing and Community Development PAS program is to allow homeless shelters to reduce barriers for those individuals’ experiencing homelessness with their pets. By making accommodations for pets, 3 0
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individuals who otherwise would not receive services and shelter are more likely to take shelter. The California Department of Housing and Community Development allocated additional grant funding identified as PAS Round 3 Grant for recipients of the PAS Round 2 grant.
Discussion:
On April 5, 2022, the Victorville City Council approved resolution No. 22-027 approving the submittal of a grant application to the California Department of Housing and Community Development for their Pet Assistance and Support Program (PAS) (Attachment B).
In December 2022, the California Department of Housing and Community Development Standard Agreement (agreement Number 21-PAS-17269) was signed by designated City staff (Attachment C). The award amount of $150,083.00 has been allocated as follows:
Expenses:
• Crates and Kennels $20,518.00
• Pet Food and Supplies $17,920.00
• Veterinarian Services $36,000.00
• Staff (for assisting with pets) $75,645.00
TOTAL $150,083.00
On March 20, 2023, PAS Grant announced an additional $1,000,000.00 in available funding. To be eligible for the additional allocated funds from the PAS Round 3 program, a group or agency must be a recipient of the 2022 PAS Round 2 grant. Additional Round 3 funding of $15,959.00 is being offered to the City on a percentage basis based on the initial $150,083.00 previously awarded. Resolution No. 23-020 (Attachment A) and the Allocation Acceptance Form (Attachment D) are requested to accept the additional PAS Round 3 funds. The PAS Round 3 funding will provide supplemental funding for additional dog kennels, pet food, staff wages, pet supplies, and veterinary care for animals of owners residing in the interim and permanent Wellness Center locations.
The additional PAS Round 3 funding of $15,959.00 will be allocated as follows:
Expenses:
• Crates and Kennels $2,500.00
• Pet Food and Supplies $2,500.00
• Veterinarian Services $2,000.00
• Staff (for assisting with pets) $8,459.00
TOTAL $15,959.00
The PAS Program Round 3 grant and identified allocation represents an added opportunity for available funds to increase the availability of pet-friendly sheltering and veterinary services to the pets our most vulnerable residents. Therefore, staff recommends that the City Council adopt Resolution No. 23-020 to approve the acceptance of additional funding offered by the Pet Assistance and Support Program 3 0
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grant funds for the interim and permanent Wellness Center, and authorize the City Manager or his designee to process all documents required for program administration.
Attachments: A. Resolution No. 23-020
B. Approved Resolution 22-027
C. PAS Agreement Number 21-PAS-17269
D. Allocation Acceptance Form
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3 ATTACHMENT A
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3 RESOLUTION NO. 23-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE (“ROUND 2 PAS GRANTEE”) APPROVING THE ALLOCATION ACCEPTANCE FORM FOR THE ROUND 3 PAS PROGRAM GRANT; AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023; APPROVING ADDITIONAL APPROPRIATIONS AND ADDITIONAL REVENUE AND EXPENDITURES FOR ROUND 3 PAS GRANT PROGRAM.
WHEREAS, the State of California Department of Housing and Community Development (“Department”) issued an Allocation Acceptance form, dated March 20, 2023 under Round 3 of the Pets Assistance and Support program (“Program” or “PAS Program”); and
WHEREAS, pursuant to the above-described PAS Allocation Acceptance form, the Round 2 PAS Grantee wishes to receive a PAS Program grant to fund shelter, pet food, pet supplies, and basic veterinarian services (“Services”), as well as staffing and liability insurance related to providing the Services; and
WHEREAS, the Department may approve funding allocations for the PAS Program subject to the terms and conditions of the PAS Allocation Acceptance form and PAS Program requirements; and
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2022-2023; and WHEREAS, copies of said budget were prepared and distributed to the City Council and approved by the City Council on June 21, 2022, and have been available for inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, the City of Victorville has been notified of the award of grant funding in the amount of Fifteen Thousand, Nine Hundred and Fifty-Nine dollars ($15,959) relating to the Round 3 PAS Grant Program; and
WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution to memorialize the acceptance of the grant and recognize the associated increase in revenue and expenditures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
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3 SECTION 1: That the Round 2 PAS Grantee is authorized to accept a PAS Program Grant and is authorized to use all such funds for eligible activities as approved by the Department, and in a manner consistent and in compliance with any and all other contracts the Round 2 PAS Grantee may have with the Department, as well as all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules, regulations, and laws governing the PAS Program.
SECTION 2: The Round 2 PAS Grantee is hereby authorized and directed to accept a PAS program grant in an amount not to exceed $ 15,959.00 as detailed in the PAS Allocation Acceptance form and, enter into, execute, and deliver a State of California Standard Agreement and any and all other documents required or deemed necessary or appropriate to carry into effect the full intent and purpose of the above resolution, in order to evidence the PAS Program Grant, the Round 2 PAS Grantee’s obligations related thereto, and the Department’s security therefore, and all amendments thereto, as well as any other documents which are related to the PAS Program or the PAS Program Grant awarded to the Round 2 PAS Grantee, as the Department may deem appropriate (collectively, the “PAS Documents”).
SECTION 3: That the annual budget for the fiscal year 2022-2023 for the City of Victorville is hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Amount Amount Adjusted
2705020 43110 45011 (Revenue) $15,959
2705020 51100 45011 (Expenditure) $8,459
2705020 52110 45011 (Expenditure) $5,000
2705020 52300 45011 (Expenditure) $2,500
SECTION 4: That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection, and certified copies thereof shall be made available for use by the City departments, offices and subsidiary districts of the City.
SECTION 5: That the City Manager or his designee hereby authorized to execute the PAS Documents, and any amendment or modification thereto, on behalf of the Round 2 PAS Grantee.
ATTACHMENT B
ATTACHMENT C
Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: April 18, 2023
Submitted By:
C. Eric Ray, Airport Director
Brenda Hampton, Director of Electric Utilities Services Subject:
Interagency Loan Agreement by and between the City of Victorville (on behalf of Victorville Municipal Utility Services) and the Southern California Logistics Airport Authority
Recommendation:
That Your Honorable City Council and Southern California Logistics Airport Authority Board of Directors approve the Interagency Loan Agreement between the City of Victorville (on behalf of Victorville Municipal Utility Services) (“VMUS”) and the Southern California Logistics Airport Authority (“SCLAA”) in the amount of $2 million (“Agreement”).
Fiscal Impact:
No additional appropriation is required. The Agreement will establish a new principal outstanding balance of $2,000,000 for the loan payable and receivable in the VMUS Gas Fund Number 419 and the Off-Airport Operations Fund Number 452, respectively. Future appropriations for the interest expense and revenue will be considered at the time the annual budget is approved.
Strategic Plan Goal:
Goal A – Financial Stability. This loan will enable VMUS to construct the infrastructure that will allow for the purchase of lower priced natural gas, thus improving the financial viability of the Gas Utility.
Goal E – Invest in Infrastructure. This loan will enable VMUS to construct new gas infrastructure allowing for future growth at the Southern California Logistics Airport (“SCLA”).
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0 Background:
VMUS currently procures natural gas from Southwest Gas (“SWG”). Over the past year, SWG has imposed increases in natural gas transportation and distribution costs charged to VMUS. These increases were not passed onto the customers to minimize rate impacts, and therefore cash reserves in the VMUS Gas Fund Number 419 (“VMUS Gas Fund”) have been depleted. Staff explored alternative natural gas supply sources to continue providing reliable natural gas service to its SCLA customers at competitive rates.
Discussion:
An opportunity to interconnect with Kern River Gas Transmission (“KRGT”) has arisen which requires investments in the construction of interconnection pipeline facilities. The Kern River Interconnection project (“Project) is estimated to cost $2 million and will take approximately ten months to complete.
The SCLA currently has cash reserves of $2.7 million in the Off-Airport Operations Fund Number 452 (“Off-Airport Operations Fund”) with another $1.9 million anticipated this fiscal year, all resulting from the sale of certain properties no longer needed by the SCLA.
As VMUS Gas Fund reserves have been depleted, staff proposes an interagency loan in the amount of $2 million from the Off-Airport Operations Fund to the VMUS Gas Fund for the purpose of completing the Project which will improve and expand VMUS infrastructure and offer a direct benefit to SCLA tenants through competitively priced natural gas. The proposed Agreement establishes a total principal amount of $2 million and has been prepared in accordance with Council Policy No. CP-15-02 which set policy and requirements to applicable Interfund and Interagency Loan transactions.
Exhibit A to the Agreement is the Promissory Note which establishes the terms and conditions of the interest and repayment schedule of the total principal. Interest on the total principal amount of $2 million is to be accrued at the annualized Local Agency Investment Fund rate beginning July 1, 2023. The term of the Promissory Note will be approximately five years, terminating on June 30, 2028.
Staff recommends Your Honorable City Council and Southern California Logistics Airport Authority Board of Directors approve the Interagency Load Agreement by and between the City of Victorville (on behalf of Victorville Municipal Utility Services) and the Southern California Logistics Airport Authority in the amount of $2 million.
Attachments: A. Interagency Loan Agreement
ATTACHMENT A
INTERAGENCY LOAN AGREEMENT
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INTERAGENCY LOAN AGREEMENT BETWEEN THE CITY OF
VICTORVILLE (ON BEHALF OF VICTORVILLE MUNICIPAL
UTILITY SERVICES (VMUS)) AND THE SOUTHERN CALIFORNIA
LOGISTICS AIRPORT AUTHORITY
THIS INTERAGENCY LOAN AGREEMENT (“Loan Agreement”) dated April 18, 2023 for reference purposes only, is entered into by and between the City of Victorville , on behalf of Victorville Municipal Utility Services, and the Southern California Logistics Airport Authority as follows:
RECITALS
WHEREAS, the City of Victorville, a California municipal corporation and charter city (the “City”) acting through Victorville Municipal Utility Services, a municipal utility organized and existing under the laws of the State of California (“ VMUS”) provides electricity and natural gas services to commercial and industrial customers within its service area at the Southern California Logistics Airport (the “Airport”); and
WHEREAS, hereinafter VMUS and the City are collectively referred to as “Victorville”; and
WHEREAS, Victorville has previously created the VMUS Gas Fund Number 419 (the “VMUS Gas Fund”) for purposes of maintaining a separate fund to account for its income and expenses with respect to its natural gas utility operations; and
WHEREAS, as a result of prudent fiscal management and planning by Victorville staff, the Gas Fund contained reasonable cash reserves to cover unanticipated costs and capital improvements as of the fiscal year ending June 30, 2022; and
WHEREAS, said established reserves in the Gas Fund have been considerably depleted over the past year by reason of increases in natural gas transportation and distribution costs charged to Victorville by Southwest Gas (“SWG”), Victorville’s current sole natural gas supplier, which increased costs Victorville has been absorbing since January of 2022 to minimize rate impacts to its customers; and
WHEREAS, Victorville has been exploring alternative natural gas supply sources in an effort to continue providing reliable natural gas service to its Airport customers at competitive rates; and
WHEREAS, an opportunity has recently arisen for Victorville to procure natural gas for its customers from sources alternative to SWG, which procurement requires certain investments in gas interconnection pipeline facilities to be made by Victorville with Kern River Gas Transmission (“KRGT”) in order to make such alternative natural gas supply available as set forth in Victorville’s Interconnection Agreement with KRGT dated March 14, 2023 (the “Interconnection Agreement”); and
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WHEREAS, the Southern California Logistics Airport Authority (“ SCLAA”) is a joint powers authority formed by the City and the former Victorville Redevelopment Agency, currently operating under the California Joint Exercise of Powers Act, Government Code section 6500 et seq., and the provisions of the Second Amended and restated Joint Exercise of Powers Agreement Creating the Southern California Logistics Airport Authority, executed on or about February 21, 2001; and
WHEREAS, following the California State Legislature’s passage of the Redevelopment Agency Dissolution Bill (“AB (1X) 26”) and the December 29, 2011 California Supreme Court opinion issued in California Redevelopment Association v. Matosantos (2011) 53 Cal. 4th 231, the provisions of AB (1X) 26 were essentially upheld and redevelopment agencies were abolished and prevented from taking further actions; and
WHEREAS, pursuant to and as set forth in that certain agreement dated January 17, 2012, between the City and the Victorville Water District (the “ District”), the District was added as a member entity to the SCLAA to ensure its continued existence in light of the former Redevelopment Agency’s dissolution pursuant to AB (1X) 26; and
WHEREAS, the SCLAA previously created the Off-Airport Operations Fund Number 452 (the “SCLAA Off-Airport Fund”) for purposes of maintaining a separate fund for its operation of the non-aeronautical portions of the Airport; and
WHEREAS, as a result of prudent fiscal management and planning by SCLAA staff and the sale of certain properties no longer needed for the SCLAA’s use, the SCLAA Off-Airport Fund currently has a reasonable cash reserve, which Victorville wishes to temporarily utilize to assist in funding the costs of the Interconnection Agreement; and
WHEREAS, for the purpose of improving the accountability of cash being borrowed between funds intended for meeting the cash flow needs of the City and its departments and affiliated agencies, the Victorville City Council (together with the SCLAA Board of Directors (the “Board”)) previously adopted Council Policy No. CP-15-02 wherein the City Council set policy and requirements applicable to Interfund and Interagency Loan transactions (“Policy No. CP-15- 02”); and
WHEREAS, pursuant to P olicy No. CP -15-02, Victorville and SCLAA Staff have analyzed the financial condition of each fund involved in this Loan Agreement, including a review of revenues, expenditures, assets, liabilities, and potential sources of revenue and have determined that the SCLAA Off-Airport Fund will continue to have the ability to pay its ongoing obligations despite this proposed temporary Loan Agreement, and have further devised a financial plan for repayment of the loan by the VMUS Gas Fund; and
WHEREAS, as permitted by Policy No. CP-15-02, the SCLAA wishes to authorize a loan of unencumbered funds from the SCLAA Off-Airport Fund to the VMUS Gas Fund in an amount not to exceed Two Million Dollars ($2,000,000), which amount will immediately be borrowed and memorialized for repayment by the attached P romissory Note to provide a source of funding for the gas interconnection facilities contemplated by the Interconnection Agreement.
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NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Recitals.
The recitals set forth above are true and correct and are incorporated, together with the definitions contained therein, and made a part of this Loan Agreement by this reference.
Section 2. Total Loan Amount .
Effective April 18, 2023, the SCLAA, does hereby authorize and agree to make a loan from the SCLAA Off-Airport Fund to the VMUS Gas Fund in a total principal amount of Two Million Dollars ($2,000,000) (the “Total Loan Amount”) under the terms and conditions set forth herein.
Section 3. Repayment Terms; Promissory Note.
Effective April 18, 2023 , Victorville does hereby authorize and agree to repay the Total Loan Amount to the SCLAA Off-Airport Fund using monies from the VMUS Gas Fund. All sums borrowed hereunder shall be governed by the provisions of the Promissory Note ( the “Note”) attached hereto as Exhibit A and incorporated herein by this reference . All sums borrowed pursuant to this Loan Agreement shall bear interest per annum from the date of the borrowing at the annualized (averaged) Local Agency Investment Fund (“LAIF ”) rate and shall be repaid , together with said interest, in installments as set forth in said Note.
Section 4. Additional Documents and Actions Authorized.
a. The City Manager shall be authorized to take such actions on behalf of Victorville with respect to the VMUS Gas Fund loan transaction , including making payment(s) from the VMUS Gas Fund in accordance with the Note and executing any additional documents which may be required to carry out this Loan Agreement ; but in no event shall such actions or additional documents modify the Total Loan Amount, the terms and conditions of this Loan Agreement, or the terms and conditions of the Note attached hereto as Exhibit A..
b. The SCLAA Executive Director shall be authorized to take such actions on behalf of the SCLAA with respect to the SCLAA Off-Airport Fund loan transaction, including administering the repayment of the loan in accordance with the Note and executing any additional documents which may be required to carry out this Loan Agreement ; but in no event shall such actions or additional documents modify the Total Loan Amount, the terms and conditions of this Loan Agreement, or the terms and conditions of the Note attached hereto as Exhibit A.
Section 5. Amendments or Modifications.
Any amendment or modification of this Loan Agreement and/or the Note must be in writing and executed by the parties set forth on the following signature page and on the Note.
[END OF THIS PAGE – SIGNATURES FOLLOW]
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IN WITNESS WHEREOF, this Loan Agreement has been executed as of dates set forth below.
CITY OF VICTORVILLE,
On Behalf of the VMUS Gas Fund
By : _________________________
Debra Jones, Mayor
Date: _________________________
SOUTHERN CALIFORNIA LOGISTICS
AIRPORT AUTHORITY (SCLAA)
On Behalf of the SCLAA Off-Airport Fund
By : ___________________________
Debra Jones, Board Chair
Date: _________________________
ATTEST:
_________________________
Jennifer Thompson, City Clerk and SCLAA Secretary
Date: ____________________
APPROVED AS TO FORM:
_________________________
Andre de Bortnowsky, City Attorney and SCLAA Legal Counsel
Exhibit A - Page 1
EXHIBIT A
PROMISSORY NOTE
Principal Amount: $2,000,000 Date: April 18, 2023
FOR VALUE RECEIVED, THE CITY OF VICTORVILLE (“City”), on behalf of the CITY OF VICTORVILLE MUNICIPAL SERVICES GAS FUND ( the “VMUS Gas Fund”) promises to pay to the SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY (“SCLAA”) OFF- AIRPORT OPERATIONS FUND (the “SCLAA Off-Airport Fund”), a total principal amount not to exceed TWO MILLION DOLLARS ($2,000,000), which amount was loaned to VMUS Gas Fund for the purposes set forth in the Loan Agreement of even date to which this Promissory Note (“Note”) is an attachment. Except as may otherwise be provided for or defined in this Note, all capitalized terms shall have the meanings ascribed to them in the Loan Agreement. Payment of the total principal amount, together with interest, shall be made as set forth herein.
TERMS AND CONDITIONS
1. This term of this Note shall commence on the date first written above and shall terminate on June 30, 2028 (a period of five (5) years, two months, and thirteen (13) days (the “Term”)).
2. During said Term, the VMUS Gas Fund shall repay the total principal sum to the SCLAA Off- Airport Fund in five (5) installments as set forth below, together with interest accrued thereon at the annualized (averaged) Local Agency Investment Fund (“LAIF”) rate, calculated on the basis of a 365- day calendar year, simple interest. Interest shall begin to accrue on the total principal amount commencing on July 1, 2023, and shall thereafter be calculated annually on the balance of the outstanding principal and shall be payable each year on June 30 th, together
with each installment of principal as set forth below:
a. Four Hundred Thousand Dollars ($400,000.00) on June 30, 2024. b. Four Hundred Thousand Dollars ($400,000.00) on June 30, 2025. c. Four Hundred Thousand Dollars ($400,000.00) on June 30, 2026. d. Four Hundred Thousand Dollars ($400,000.00) on June 30, 2027. e. Four Hundred Thousand Dollars ($400,000.00) on June 30, 2028.
For the avoidance of doubt, each of the above installment payments shall represent only repayment of loan principal. Each installment payments shall also include the requisite amount of accrued interest payment as calculated per this Section 2.
3. Only monies from the VMUS Gas Fund shall be obligated to repay amounts due under this Note. Neither the general fund of the City , nor any other funds of the City shall have an obligation at any time to contribute any funds towards the repayment of the sums due under this Note. However, the City may in its discretion contribute funds from other sources (to the extent available and unrestricted) to the payment of sums due under this Note.
Exhibit A - Page 2
4. All payments due under this Note shall be made in lawful money of the United States of America at the principal office of the SCLAA, 18373 Phantom West, Victorville, California, 92394 or at such other place as may from time to time be designated by the SCLAA in writing.
5. The City reserves the right to prepay at any time all or any part of the total principal amount of this Note with no prepayment penalty; however, any interest accrued thereon as of the date such payment is made shall also be due and payable. All payments made on this Note shall be applied first to interest accrued, and any remaining balance shall be applied to principal.
6. In the event the City fails to pay the installment payments when due, any remaining unpaid portion of the total principal amount of this Note, together with all accrued interest, shall immediately become due and payable . If this Note is reduced to judgment, such judgment shall bear the statutory interest rate on judgments.
7. In no event shall the total interest payable hereunder exceed the maximum amount of interest permitted under the usury laws of the State of California.
8. Demand, protest and notice of demand and protest are he reby waived, and the City hereby waives, to the extent authorized by law, any and all exemption rights which otherwise would apply to the debt evidenced by this Note.
9. Any changes, modifications or addenda to this Note must be in writing.
10. If any portion of this Note is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Note and the remaining parts shall remain in full force and effect as though such invalid or unenforceable provision had not been a part of this Note.
11. Time is of the essence in the performance of every term and conditions of this Note.
IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, as of the date first indicated above.
CITY OF VICTORVILLE,
On Behalf of the VMUS Gas Fund
By: ________________________________
Debra Jones, Mayor
ATTEST:
________________________________
Jennifer Thompson, City Clerk
Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: April 18, 2023
Submitted By:
Brian Gengler, City Engineer
Scott Webb, City Planner
Subject:
Clean California Local Grant Program Application for I-15 Interchanges Beautification Project
Recommendation:
That the Honorable City Council take the following actions:
1. Adopt Resolution No. 23-026 approving the application for Clean California Local Grant Program Application for the I-15 Interchanges Beautification Project;
2. Approve City matching funds not to exceed $500,000; and
3. Authorize the City Manager or his designee to process all documents required for grant administration.
Fiscal Impact:
If the City’s application for the Clean California Local Grant Program (CCLGP) is awarded, the grant funds could generate up to $4,000,000 to fund project design and construction.
Based on the CCLGP funding formula, the City would be required to pledge 12.5% matching funds of up to $500,000 to also support the project. This local matching requirement would be funded from the American Rescue Plan Act (ARPA), account code:
2770010-52300.
Strategic Plan Goal:
Beautification of I-15 interchanges aligns with Goal E., Strategy 1. in the Strategic Action Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs” by completing the undeveloped areas of the interchanges.
Background:
The California Department of Transportation (Caltrans) administers local grants throughout the State and has developed the CCLGP. The CCLGP provides funding to 3 0
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beautify and improve streets, roads, tribal lands, parks, pathways, and transit centers. Its goal is to restore pride in California's public spaces.
The CCLGP allows for various types of projects depending on the communities’ specific needs such as litter abatement, beautification projects, events, and/or education programs. The grant guidelines recognize the different needs of applicants throughout the state.
The City’s General Plan, which was updated in December 2022, contains a Land Use Element that details development criteria and standards for the City of Victorville. In developing the Land Use Element, the City held four public workshops and two public hearings focused on our Land Use Element. The beautification of the I-15 corridor was discussed with community members during this public outreach. These discussions culminated in the establishment of the City’s Land Use Element Goal No. 5: An Aesthetically Pleasing Community. The objective is to promote a distinctive identity and image for Victorville with high quality design of the built environment to increase its desirability as an attractive place to live, work, and play.
Discussion:
City staff have identified a beautification project at the I-15 Interchanges with Bear Valley Road and Nisqualli/La Mesa Road. City staff would like to beautify the interchanges with low maintenance improvements consistent with a desert landscape. Generally, the project hopes to provide a strong visual statement by including elements that will integrate with the surroundings to enhance and reflect the aesthetic, scenic, and cultural values of the high desert community. Specific elements have not been defined, but among those considered are a combination of landscape/hardscape improvements, wrought-iron fencing, and transportation art. Furthermore, as Bear Valley Road is the gateway to Victorville and a hub for major business activity, the inclusion of a gateway monument or a community identification element is also being considered.
The general ongoing maintenance of the planned improvements would be provided by Caltrans within their public right-of-way, with the exception of special features, such as wrought iron fencing improvements that would be maintained by the City. The City would also be responsible for maintaining improvements on City owned property and right-of- way.
The grant request is for $4,000,000 with an additional local match of $500,000. City staff have identified American Rescue Plan Act (ARPA) funds for the required match. All grant applications are due on April 28, 2023, and the awarded projects must be completed by June 30, 2026. Staff is confident that the City’s application will be very competitive, and we look forward to delivering this beautification project to completion.
Staff remains available for any questions the City Council may have.
Attachments:A. Resolution No. 23-026
B. Conceptual Plans
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4 Attachment A
Resolution No. 23-026
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4 RESOLUTION NO. 23-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
THE CITY OF VICTORVILLE, BEAUTIFICATION OF BEAR VALLEY ROAD AND LA
MESA ROAD/NISQUALLI ROAD INTERCHANGES
WHEREAS, the City of Victorville is eligible to receive State funding for certain transportation related work through the California Department of Transportation; and WHEREAS, the City Council of the City of Victorville is eligible to receive State funding for certain transportation related work through the California Department of Transportation; and
WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and
WHEREAS, the City of Victorville wishes to delegate authorization to execute these agreements and any amendments thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Recitals.
That the City Council of the City of Victorville, authorizes the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation.
Section 2. Local Match
That the City Council of the City of Victorville will set aside $500,000 in American Rescue Plan Act (ARPA) funds for the required local match.
Attachment B
Conceptual Plans
Bear Valley Road
City of Hesperia
City of Victorville
City of Victorville - Bear Valley Road Concept Map
Wrought Iron Fence
Landscape/Hardscape
Regional Artwork
Potential Artwork on
Existing Masonry Walls
and Fencelines
Landscape/Hardscape
Welcome to
Victorville Sign
Way Finding Signs
Signage
Trash Receptacles
Art Work
Potential Artwork
Welcome Sign
Wrought Iron Fence
Landscape / Hardscape
Landscape / Hardscape (Hesperia)
City Boundry
0 200 400 800
Feet
Nisqualli RoadLa Mesa Road
Mariposa Rd
Amargosa
RdLocust Ave.
Oro Grande
Wash
Oro Grande
Wash
Potential Artwork on
Existing Masonry Wall
Potential Artwork on
Existing Fence
Way Finding Signs
Signage
Trash Receptacles
Art Work
Potential Artwork
Wrought Iron Fence
Landscape / Hardscape
City Maintained Area
City Boundry
0 170 340 680
Feet
City of Victorville - Nisqualli Road Concept Map
Wrought Iron Fence
Landscape/Hardscape
Regional Artwork
Potential Artwork on
Existing Masonry Walls
and Fencelines
Landscape/Hardscape
City Maintained Area