Victorville City Council
May 16, 2023

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, May 16, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The

City

Council

holds

its

business

meetings

in

public

in

accordance

with

the

requirements

of

the

Ralph
M.

Brown

Act,

its

established

policies

and

procedures,

and

its

adopted

parliamentary

authority.

The
Council

strives

to

carry

out

its

meetings

in

an

atmosphere

of

professionalism

with

full

participation

by
members

of

the

body

and

the

public.

As

such,

the

Presiding

Officer

is

empowered

to

govern

City

Council
Meetings

to

foster

the

efficient

and

fair

administration

of

City

business

and

reserves

the

right

to

enforce
(or

cause

to

be

enforced)

the

Meeting

Rules

of

Conduct

and

Decorum

as

set

forth

in

Chapter

5 of

the

City
Council Policy and Procedures Manual.

The

City

Council

welcomes

and

encourages

public

participation

and

invites

the

community

to
attend

in

person.

Now

that

COVID-19

cases

in

our

area

have

reduced

to

a

point

that

social
distancing

requirements

have

been

lifted,

City

Council

Meetings

will

be

held

in-person

at

City

Hall
in

Council

Chambers.

Remote

viewing

of

our

Council

Meetings

is

available

through

YouTube,

but
public comments must be given in-person at the meeting or in advance as noted below.

Public

Comments:

Members

of

the

public

may

submit

comments

electronically
to

[email protected]

by

4 p.m.

the

day

of

the

meeting

to

be

distributed

to

City

Council.

Participants

are

invited

to

address

the

Council

on

agendized

and

non-agendized

topics

at

the

beginning
of

the

meeting.

Public

comments

will

be

no

longer

than

three

(3)

minutes

per

community

member.

Should
a

speaker

conclude

their

comments

prior

to

the

expiration

of

three

(3)

minutes,

the

speaker

waives

the
right

to

speak

for

any

remaining

amount

of

time.

For

further

information

about

how

to

address

the

Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.

In

compliance

with

the

Americans

with

Disabilities

Act,

if

you

need

special

assistance

to

participate

in

this
meeting,

please

contact

the

City

Clerk’s

office

at

(760)

955-5188

no

later

than

72 hours

prior

to

the
meeting.

5:00 p.m. Closed Session

Call to Order

Roll Call

Introduction to Public Comments

Public Comments for Closed Session Items

Declaration of Closed Session Item(s) by City Attorney

CITY COUNCIL

A.

CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case

name

unspecified:

(Disclosure

would

jeopardize

existing

settlement
negotiations)

Recess to Closed Session

6:00 p.m. Regular Session

Call to Order

Roll Call

Closed Session Announcements by the City Attorney

Invocation: Pastor Dez Fedoryszyn of Victorville First Church of the Nazarene

Pledge of Allegiance: Police Captain John Wickum

Proclamations/Special Presentations

Recognition

of

the

recipients

of

the

Aviation

Scholarship

sponsored

by

the

City

of
Victorville and Southern California Logistics Airport

Presentation of Awards – 2023 Public Works Day Essay Winners

Victorville Fire Call Volume Service Update

City Clerk Presents Agenda/Revisions to Agenda

Conflict of Interest Declarations
Any

items

on

this

agenda

that

might

be

a

conflict

of

interest

to

any

Council
Members/Board Members should be identified at this time.

Introduction to Public Comments

Public Comments

PUBLIC HEARING(S)

1. Urgency

Ordinance

No.

2438

and

Ordinance

No.

2437

Amending

Chapter

2.22 of
the

Victorville

Municipal

Code

(Personnel

Merit

System)

for

the

Purpose

of
Reducing

the

Probationary

Period

from

Twelve

to

Six

months

with

respect

to

Lateral
Hires of Firefighter/Paramedics

Recommendation:

That Your Honorable City Council:
(1)

Open,

conduct,

and

close

a

public

hearing

to

receive

citizen

comments
regarding

Urgency

Ordinance

No.

2438

and

the

Municipal

Code

Amendments
included therein;
(2)

Make

the

Environmental

Exemption

Finding

relative

to

Urgency

Ordinance

No.
2438;
(3) Make the Finding of Urgency;
(4)

Waive

full

reading

and

adopt

(by

four-fifths

vote)

Urgency

Ordinance

No.

2438;
and
(5)

Open,

conduct,

and

close

a

public

hearing

to

receive

citizen

comments
regarding

Ordinance

No.

2437

and

the

Municipal

Code

Amendments

included
therein;
(6) Make the Environmental Exemption Finding relative to Ordinance No. 2437; (7) Introduce Ordinance No. 2437 for adoption and first reading by title only; and (8) Waive further reading in full of proposed Ordinance No. 2437 CONSENT CALENDAR

2. Partial Securities Release for Case Nos. BLDC21-00045/EROW21-00181

Recommendation:

That the Honorable City Council:
(1)

Approve

an

80-percent

release

of

the

Street

Improvements

Faithful

Performance
Securities for case Nos. BLDC21-00045/EROW21-00181; and (2) Accept the street improvements.

3. Budget

Amendment

-

CalRecycle

City/County

CRV

Recycling

Payment

Program
Grant

Recommendation:

That

the

Honorable

City

Council

adopt

Resolution

No.

23-031

to

amend

the

Fiscal
Year

2022/2023

budget

to

reflect

the

revenues

and

expenditures

associated

with
the Cycle 22-23 CalRecycle City/County CRV Recycling Payment Program Grant

4. Environmental Programs Quarterly Report for the Third Quarter of Fiscal Year 2023

Recommendation:

That the Honorable Victorville City Council review and file.

5. Community Services Quarterly Report for the Third Quarter of Fiscal Year 2023

Recommendation:

That the Honorable Victorville City Council review and file.

6. Second Reading of Ordinance No. 2436

Recommendation:

That

the

City

Council

adopt,

by

second

reading,

Ordinance

No.

2436

repealing

in

its
entirety

uncodified

Ordinance

1460

which

previously

established

a

benefit

fee
system

to

finance

drainage

improvements

and

directing

the

non-codification

of

said
Ordinance.

7. Commercial Demand Schedule No. 21

Recommendation:

That

the

City

Council

and

Board

of

Directors

ratify

Commercial

Demand

Schedule
No.

21 in

the

amount

of

$8,690,791.13,

covering

Electronic

Fund

Transfers

No.
334495

through

334731

and

Warrant

No.

790143

through

790360

for

04/20/2023
through

05/04/2023

and

Wire

Transfers

dated

04/26/2023,

per

the

adopted

budget
for

Fiscal

Year

2022-2023

for

the

period

covering

July

1,

2022

through

June

30,
2023.

8. Payroll Warrant List

Recommendation:

That

the

City

Council

and

Board

of

Directors

ratify

Payroll

Demand

Schedule

No.
10A

for

Payroll

Period

March

17,

2023,

through

March

31,

2023,

in

the

amount

of
$1,875,941.69

covering

Check

Nos.

33351

through

33366,

including

Vendor
checks.

Please

note

employee

Check

No.

33356

has

a

live

Check

and

an

EFT
Advice.

Also

included

are

Advice

Nos.

299020

and

299022

through

299513,

per
adopted

budget

for

Fiscal

Year

2022-2023

(period

covering

July

1,

2022,

through
June 30, 2023).

9. Code

Compliance

Department

Quarterly

Report

for

the

Third

Quarter

of

Fiscal

Year
2023

Recommendation:

That the Honorable City Council review and file.

WRITTEN COMMUNICATIONS

10. Consideration

of

Resolution

Nos.

VWD

23-006

and

VWD

23-007

-

Resolutions

of
the

Board

of

Directors

of

the

Victorville

Water

District

Initiating

Proceedings

to

Fix,
Levy,

and

Collect

Standby

Charges

for

Water

Improvement

District

Number

One
and for Improvement District Number Two for Fiscal Year 2023-2024

Recommendation:

That the Honorable Victorville Water District Board of Directors:
(1)

Approve

Resolution

No.

VWD

23-006

authorizing

the

Victorville

Water

District

to
initiate

proceedings

to

fix,

levy,

and

collect

Standby

Charges

for

Improvement
District One for Fiscal Year 2023-2024;
(2)

Approve

Resolution

No.

VWD

23-007

authorizing

the

Victorville

Water

District

to
initiate

proceedings

to

fix,

levy,

and

collect

Standby

Charges

for

Improvement
District Two for Fiscal Year 2023-2024; and
(3)

Set

June

6,

2023,

as

the

date

for

the

Public

Hearing

for

the

purpose

of

hearing
arguments

for

and

against

determinations

to

fix,

levy

and

collect

water

standby
charges as set forth in the aforementioned resolutions.

11. Fiscal

Year

2020

Police

Department

Homeland

Security

Grant

Program

Award

and
Purchase

Recommendation:

That the Honorable City Council:
(1)

Accept

the

grant

award

of

the

Fiscal

Year

2020

Homeland

Security

Grant
Program (HSGP) in the amount of $30,510;
(2)

Adopt

Resolution

No.

23-033

amending

the

Fiscal

Year

2022-23

budget

for
revenue and expenditures for said grant;
(3)

Authorize

the

expenditure

of

Supplemental

Law

Enforcement

Services

Fund
(SLESF)

monies

in

the

amount

not

to

exceed

$8,321.63

for

the

purchase

of

Mobile
Automated License Plate Readers (ALPR); and
(4)

Approve

the

purchase

of

Mobile

ALPR

cameras

in

the

amount

of

$38,831.63
from Vigilant Solutions, LLC.

12. Citywide

Recycled

Water

Conceptual

Study

-

Consultant/Professional

Services
Provider Agreement

Recommendation:

That

the

Honorable

Victorville

Water

District

Board

approve

the
Consultant/Professional

Services

Provider

Agreement

with

Water

Systems
Consulting,

Inc.,

in

an

amount

not

to

exceed

$198,570.00

for

developing

a

Citywide
Recycled

Water

Conceptual

Study

that

maximizes

the

value

and

benefit

of

recycled
water to the District’s water resources.

13. Department

of

Transportation

Charging

and

Fueling

Infrastructure

Discretionary
Grant Program

Recommendation:

That

the

City

Council

adopt

Resolution

No.

23-035

(Attachment

A)

approving

the
grant

application

for

the

Department

of

Transportation

Charging

and

Fueling
Infrastructure

Discretionary

Grant

Program

and

authorizing

the

City

Manager

or

his

designee

to

process

all

documents

required

for

program

administration

associated
with the grant.

14. Resignation from Interagency Council on Homelessness (ICH)

Recommendation:

That

Your

Honorable

City

Council

approve

a

Letter

of

Resignation

from

the

City

of
Victorville

as

a

member

of

the

Interagency

Council

on

Homelessness,

and

from

its
role as Chair and Secretary of the Desert Regional Steering Committee.

15. Consideration

of

proposed

City

Council

Resolution

No.

23-030

adopting

revisions
to the City of Victorville City Council Policy and Procedures Manual

Recommendation:

That the Honorable City Council:
(1)

Review

and

Consider

the

Proposed

Revised

City

Council

Policy

and
Procedures Manual; and
(2) Adopt Resolution No. 23-030.

16. Attendance

at

the

League

of

California

Cities

Desert/Mountain

Division

meeting

to
be held June 2, 2023 in Mammoth Lakes for Council Member Bob Harriman

Recommendation:

That

Your

Honorable

City

Council

authorize

attendance

at

the

League

of

California
Cities

Desert/Mountain

Division

meeting

to

be

held

June

2,

2023

in

Mammoth
Lakes for Council Member Bob Harriman.

17. City Manager Reports

18. Discussion and Possible Action Regarding Upcoming Agenda Items

19. Reports from Council Members

Adjournment

Item Number: 1
City Council / Board of Directors
Public Hearing
Meeting of: May 16, 2023
Submitted By:

Keith C. Metzler, City Manager
Sophie L. Smith, Deputy City Manager

Subject:

Urgency Ordinance No. 2438 and Ordinance No. 2437 Amending Chapter 2.22 of the Victorville Municipal Code (Personnel Merit System) for the Purpose of Reducing the Probationary Period from Twelve to Six months with respect to Lateral Hires of Firefighter/Paramedics
Recommendation:

That Your Honorable City Council:

1. Open, conduct, and close a public hearing to receive citizen comments regarding Urgency Ordinance No. 2438 and the Municipal Code Amendments included therein;

2. Make the Environmental Exemption Finding relative to Urgency Ordinance No. 2438;

3. Make the Finding of Urgency;

4. Waive full reading and adopt (by four-fifths vote) Urgency Ordinance No. 2438; and

5. Open, conduct, and close a public hearing to receive citizen comments regarding Ordinance No. 2437 and the Municipal Code Amendments included therein;

6. Make the Environmental Exemption Finding relative to Ordinance No. 2437;

7. Introduce Ordinance No. 2437 for adoption and first reading by title only; and

8. Waive further reading in full of proposed Ordinance No. 2437 Fiscal Impact:

There is no fiscal impact associated with this action.

Strategic Plan Goal:

This item aligns with Goal B: Public Safety - Foster a strong foundation for the future, which includes service levels and needed resources.
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Background:

On January 16, 2018, the Victorville City Council (the “City Council”) took action to re- establish a City operated Fire Department and directed staff to begin its formation. The City Council also approved various job descriptions and authorized certain positions for the department and on December 18, 2018, adopted Resolution 18-097 which established the rates of compensation and fringe benefits for the members of the Fire Department. Effective March 30, 2019, the City officially transitioned its fire service from the San Bernardino County Fire Protection District to its own City Fire Department.

Discussion:

Proposed Urgency Ordinance No. 2438 (Attachment A) and proposed Ordinance No. 2437 (Attachment B) will revise Section 2.22.070 and add a new Section 2.22.075 to Chapter 2.22 of the Victorville Municipal Code (“VMC”) to reduce the probationary period from twelve to six months with respect to Lateral hires of Firefighter/Paramedics. The changes proposed to be made to the VMC by each of these ordinances are identical; however, passage of Urgency Ordinance No. 2438 would make the VMC changes effective immediately, instead of approximately forty-five days from now. Attachment C contains a blackline comparison showing the proposed VMC changes.

Pursuant to Rule IX, Section 2 of the Personnel Rules, the probationary period constitutes part of the City’s testing process and is utilized for observing the employee’s work, for securing the most effective adjustment of a new employee in his/her position, and for rejecting any probationary employee whose performance does not meet the required standards of work.

The recruiting and retention of firefighter/paramedics has become extremely competitive over the past few years, and the City must respond to the changing market. The City’s current inflexible twelve-month probationary period, particularly with respect to firefighter/paramedic applicants has made it very challenging to attract qualified candidates who are willing to accept employment with the City to fill these critically needed positions.

City staff is recommending the VMC be amended to permit reduction of the probationary period from twelve to six months with respect only to Lateral Entry applicants for the firefighter/paramedic positions within the City’s Fire Department.

A Lateral Entry applicant will have all of the following qualifications: (1) Be presently employed by another recognized United States public agency (city, county, fire protection district, etc.) in the position classification for which Lateral Entry is being sought; (2) have achieved regular (non-probationary) employment status with such recognized public agency in the position classification; (3) have performed satisfactory service in the position classification; and (4) meet all of the City’s other requirements for the position classification.
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As is common practice when adopting urgency ordinances, Staff is taking steps to ensure that a virtually identical regular “back up ordinance” will be adopted through the standard ordinance process. Such back up ordinance provides protection in case this urgency ordinance fails to secure the required 4/5 vote or is subsequently challenged.

Staff is recommending adoption of Urgency Ordinance No. 2438 and Ordinance No.2437 to facilitate the commencement of an immediate Lateral Firefighter/Paramedic recruitment.

Staff remains available for any questions or comments you may have.

Attachments: A. Urgency Ordinance No. 2438
B. Ordinance No. 2437
C. Proposed changes to the VMC (blackline)
Attachment A
1 URGENCY ORDINANCE NO. 2438

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, CALIFORNIA, AMENDING CHAPTER 2.22 OF THE

VICTORVILLE MUNICIPAL CODE (PERSONNEL MERIT SYSTEM)

FOR THE PURPOSE OF REDUCING THE PROBATIONARY PERIOD

FROM TWELVE TO SIX MONTHS WITH RESPECT TO LATERAL

HIRES OF FIREFIGHTER/ PARAMEDICS AND DECLARING THE

URGENCY THEREOF

WHEREAS, the City Council of the City of Victorville (“ City”) has previously established by ordinance a Personnel Merit System (the “Personnel System”), which is currently codified in Chapter 2.22 of the Victorville Municipal Code (“VMC”); and

WHEREAS, the purpose of s aid Chapter 2.22 is to: establish an equitable and uniform procedure for dealing with personnel matters; attract to municipal service the best, most competent persons available; to assure that appointments and promotions of employees to the competitive service will be based on merit and fitness ; and to provide a reasonable degree of security for qualified employees in the Personnel System; and

WHEREAS, Chapter 2.22 contains the basic framework for the City’s Personnel System, describes the positions that are and are not included in the competitive service, and further provides for the adoption by resolution of rules to establish regulations governing the P ersonnel System (hereafter the “Personnel Rules”) which have previously been adopted and revised by the City Council from time to time; and

WHEREAS, Section 2.22.070 of VMC Chapter 2.22 requires a twelve (12) month probationary period for all original (new) and promotional appointments (hires) to positions covered by the competitive service; and

WHEREAS, pursuant to Rule IX, Section 2 of the Personnel Rules, the probationary period constitutes part of the City’s testing process and is utilized for observing the employee's work, for securing the most effective adjustment of a new employee in his/he r position, and for rejecting any probationary employee whose performance does not meet the required standards of work; and

WHEREAS, firefighter/paramedic positions are common to many public agencies across the nation (e.g., cities, counties, and fire protection districts) and have primarily uniform training and certification prerequisites , which make individuals who have achieved regular employment status in such public agency positions more uniquely qualified and valuable due to their prior training and experience; and

WHEREAS, the recruiting and retention of firefighter/paramedics has become extremely competitive over the past few years, and the City must respond to the changing market in order to attract qualified candidates who are willing to accept employment with the City to fill in these critically needed positions; and
2 WHEREAS, the current inflexible twelve -month probationary period, particularly with respect to firefighter/paramedic applicants who are currently employed by other public agencies in nearly identical job classifications (Lateral Entry applicants), has contributed to the City’s inability to attract and hire qualified and experienced personnel; and

WHEREAS, since its establishment in 2019, the City ’s Fire Department has experienced a high rate of turnover and since 2021 the number of vacancies in its firefighter/paramedic positions has significantly increased; and

WHEREAS, last year the City Fire Department had a large volume of calls for service (approximately 22,849 medical calls and approximately 3,157 fire calls); and

WHEREAS, the Department has been running with two to eight vacancies in firefighter/paramedic positions at times since 2021 , which can lead to excessive overtime and firefighter fatigue; and

WHEREAS, in 2022 the City increased the salaries of firefighter/paramedic positions to address market competitiveness; and

WHEREAS, even with the salary increase, the City’s most recent firefighter/paramedic recruitments yielded poor results—only three positions were filled, despite having twenty qualified firefighter/paramedics apply—so it is critical for the City to take additional steps now; and

WHEREAS, Government Code Section 36937 provides that the City may adopt an ordinance that takes effect immediately, when such ordinance is adopted for the immediate preservation of the public peace, health, or safety, provided the ordinance contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council; and

WHEREAS, City staff is recommending the VMC be amended immediately to permit reduction of the probationary period to six months only with respect to Lateral Entry applicants for firefighter/paramedic positions within the Department; and

WHEREAS, said VMC amendment needs to be effective immediately so the City can pursue a Lateral Entry recruitment without further delay; and

WHEREAS, such recruitment is expected to attract more firefighter/paramedic applicants more quickly, resulting not only in an increased number of actual hires, but also a reduced training period, allowing the Lateral Entry hires to begin providing these vital ser vices to the community within a shorter period of time; and

WHEREAS, the City Council determines that this Ordinance is necessary for the preservation and protection of the public health, safety and welfare of the citizens of Victorville, and is enacted pursuant to the City’s police power, as granted broadly under Section 7 of Article XI of the California Constitution; and

3 WHEREAS, this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines as set forth further herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals.

The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety. The City Council hereby adopts the Finding of Urgency set forth in Section 7 hereof, as its findings that adoption of this Urgency Ordinance is necessary.

Section 2. Amendment to Section 2.22.070 of Chapter 2.22 of the VMC

SECTION 2.22.070 (PROBATIONARY PERIOD) OF CHAPTER 2.22 OF THE

VICTORVILLE MUNICIPAL CODE (PERSONNEL MERIT SYSTEM) IS
HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.22.070 Probationary Period

Except as may be specified otherwise in this Chapter, all original and promotional appointments to the competitive service shall be tentative and subject to a probationary period of not less than twelve months; provided, however, that the personnel officer is authorized to extend for a period not to exceed six months the probationary period of any employee in the city. The city council may, by resolution, establish a longer probationary period for specified classes. During the probationary period the employee may be rejected at any time without cause or justification and without the right of appeal or hearing. An employee rejected during the probationary period from a competitive service position to which he /she has been promoted from anothe r competitive service position shall be reinstated to a position in the class in which he /she was promoted unless he /she is discharged from the city's service in accordance with the provisions applicable to employees in the competitive service.

An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class in which he/she was promoted or transferred, if action is taken to reject him/her , unless he /she is discharged in a manner provided in this Chapter and the personnel rules for positions in the competitive service.

If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the personnel officer a statement in writing to such effect and state that the retention of such employee is requested. If such a statement is not filed, the employee will be deemed unsatisfactory and his/her employment terminated at the expiration of his/her probationary period. 4 Section 3. Addition of New Section 2.22.075 to Chapter 2.22 of the VMC

A NEW SECTION 2.22.075 IS HEREBY ADDED TO CHAPTER 2.22 OF THE

VICTORVILLE MUNICIPAL CODE (PERSONNEL MERIT SYSTEM) TO READ AS FOLLOWS:

2.22.075 Probationary Period Exception; Lateral Appointments (Hires) of Firefighter/Paramedics.

When it is determined by the city manager that it is in the best interest of the city to appoint (hire) individuals for the position classification of firefighter/paramedic , and such individuals meet the Lateral Entry requirements (as hereinafter defined), the probationary period may be reduced to six months. However, if the probationary period is reduced to six months, all other provisions of Section 2.22.070 shall remain applicable.

To meet the requirements for Lateral Entry, the applicant must be prese ntly employed by the fire department of another recognized United States public agency (city, county, fire protection district, etc.) in the position classification for which Lateral Entry is currently being sought; have achieved regular (non-probationary) employment status with such recognized public agency in said position classification; have performed satisfactory service in such position classification; and otherwise meet the City’s requirements for such position classification.

Section 4. Repeal of C onflicting Provisions.

All the provisions of the Victorville Municipal Code heretofore adopted by the City Council of the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed as of the effective date hereof.

Section 5. Severability.

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

Section 6. CEQA Exemption.

The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is a governmental, organizational, or administrative activity (amendment of a personnel rule) that will not result in direct or indirect changes in the environment and therefore is not a “project”.

5 Section 7. Finding of Urgency.

B
ased on the recitals and findings set forth herein, this Ordinance is urgently needed for the immediate preservation of the public safety, health, and welfare and will take effect immediately upon adoption. The City Council finds that the need to reduce the probationary period for otherwise qualified firefighte r/paramedic Lateral Entry applicants is urgent so the City may immediately commence a new Lateral Entry recruitment and quickly fill its current firefighter/paramedic vacancies to maintain speedy response times and ensure that adequate experienced personnel are available to preserve and protect the health, safety, welfare and property of the residents, businesses, and visitors of the City of Victorville, particularly as the fire season approaches.

Section 8. Effective Date.

T
his Ordin ance shall take effect immediately upon its adoption, provided it was adopted and approved by at least a four-fifths vote of the Victorville City Council.

Section 9. Certification.

T
he City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.

Attachment B

1 ORDINANCE NO. 2437

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING CHAPTER 2.22 OF THE

VICTORVILLE MUNICIPAL CODE (PERSONNEL MERIT SYSTEM)

FOR THE PURPOSE OF REDUCING THE PROBATIONARY PERIOD

FROM TWELVE TO SIX MONTHS WITH RESPECT TO LATERAL

HIRES OF FIREFIGHTER/PARAMEDICS

WHEREAS, the City of Victorville (“ City”) has previously established by ordinance a Personnel Merit System (the “Personnel System”), which is currently codified in Chapter 2.22 of the Victorville Municipal Code (“VMC”); and

WHEREAS, the purpose of s aid Chapter 2.22 is to: establish an equitable and uniform procedure for dealing with personnel matters; attract to municipal service the best, most competent persons available; to assure that appointments and promotions of employees to the competitive service will be based on merit and fitness ; and to provide a reasonable degree of security for qualified employees in the Personnel System; and

WHEREAS, Chapter 2.22 contains the basic framework for the City’s Personnel System, describes the positions that are and are not included in the competitive service, and further provides for the adoption by resolution of rules to establish regulations governing t he Personnel System (hereafter the “Personnel Rules”) which have previously been adopted and revised by the City Council from time to time; and

WHEREAS, Section 2.22.070 of VMC Chapter 2.22 requires a twelve (12) month probationary period for all origin al (new) and promotional appointments (hires) to positions covered by the competitive service; and

WHEREAS, pursuant to Rule IX, Section 2 of the Personnel Rules, the probationary period constitutes part of the City’s testing process and is utilized for observing the employee's work, for securing the most effective adjustment of a new employee in his/her position, and for rejecting any probationary employee whose performance does not meet the required standards of work; and

WHEREAS, firefighter/paramedic positions are common to many public agencies across the nation (e.g., cities, counties, and fire protection districts) and have primarily uniform training and certification prerequisites , which make individuals who have achieved regular employment status in such public agency positions more uniquely qualified and valuable due to their prior training and experience; and

WHEREAS, the recruiting and retention of firefighter/paramedics has become extremely competitive over the past few years, and the City must respond to the changing market in order to attract qualified candida tes who are willing to accept employment with the City to fill in these critically needed positions; and

2 WHEREAS, the current inflexible twelve -month probationary period, particularly with respect to firefighter/paramedic applicants who are currently em ployed by other public agencies in nearly identical job classifications (Lateral Entry applicants), has contributed to the City’s inability to attract and hire qualified and experienced personnel; and

WHEREAS, City staff is recommending the VMC be amended to permit reduction of the probationary period to six months only with respect to Lateral Entry applicants for firefighter/paramedic positions within the City’s Fire Department; and

WHEREAS, this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines as set forth further herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals.

The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.

Section 2. Amendment to Section 2.22.070 of Chapter 2.22 of the VMC

SECTION 2.22.070 (PROBATIONARY PERIOD) OF CHAPTER 2.22 OF THE

VICTORVILLE MUNICIPAL CODE (PERSONNEL MERIT SYSTEM) IS
HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.22.070 Probationary Period

Except as may be specified otherwise in this Chapter, all original and promotional appointments to the competitive service shall be tentative and subject to a probationary period of not less than twelve months; provided, however, that the personnel officer is authorized to extend for a period not to exceed six months the probationary period of any employee in the city. The city council may, by resolution, establish a longer probationary period for specified classes. During the probationary period the employee may be rejected at any time without cause or justification and without the right of appeal or hearing. An employee rejected during the probationary period from a competitive service position to which he /she has been promoted from another competitive service position shall be reinstated to a position in the class in which he /she was promoted unless he /she is discharged from the city's service in accordance with the provisions applicable to employees in the competitive service.

An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class in which he/she was promoted or transferred, if action is taken to reject him/her , unless he /she is discharged in a manner provided in this Chapter and the personnel rules for positions in 3 the competitive service.

If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the personnel officer a statement in writing to such effect and state that the retention of such employee is requested. If such a statement is not filed, the employee will be deemed unsatisfactory and his/her employment terminated at the expiration of his probationary period.

Section 3. Addition of New Section 2.22.075 to Chapter 2.22 of the VMC

A NEW SECTION 2.22.075 IS HEREBY ADDED TO CHAPTER 2.22 OF THE

VICTORVILLE MUNICIPAL CODE (PERSONNEL MERIT SYSTEM) TO READ AS FOLLOWS:

2.22.075 Probationary Period Exception; Lateral Appointments (Hires) of Firefighter/Paramedics.

When it is determined by the City Manager that it is in the best interest of the city to appoint (hire) individuals for the position classification of firefighter/ paramedic, and such individuals meet the Lateral Entry requirements (as hereinafter defined), the probationary period may be reduced to six months. However, if the probationary period is reduced to six months, all other provisions of Section 2.22.070 shall remain applicable.

To meet the requirements for Lateral Entry, the applicant must be presently employed by the fire department of another recognized United States public agency (city, county, fire protection district, etc.) in the position classification for which Lateral Entry is currently being sought; have achieved regular (non-probationary) employment status with such recognized public agency in said position classification; have performed satisfactory service in such position classification; and otherwise meet the City’s requirements for such position classification.

Section 4. Repeal of Conflicting Provisions.

All the provisions of the Victorville Municipal Code heretofore adopted by the City Council of the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed as of the effective date hereof.

Section 5. Severability.

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

4 Section 6. CEQA Exemption.

The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is a governmental, organizational, or administrative activity (amendment of a personnel rule) that will not result in direct or indirect changes in the environment and therefore is not a “project”.

Section 7. Effective Date.

This Ordinance shall take effect thirty (30) days after its final passage.

Section 8. Certification.

The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.

Attachment C
BLACKLINE COMPARISON SHOWING CHANGES TO VMC CHAPTER 2.22 (Proposed Urgency Ordinance No. 2438 and Ordinance No. 2437)

2.22.070 ProbaƟonary period.

Except as may be specified otherwise in this Chapter, Aall original and promoƟonal appointments to the compeƟƟve service shall be tentaƟve and subject to a probaƟonary period of not less than twelve months; provided, however, that the personnel officer is authorized to extend for a period not to exceed six months the probaƟonary period of any employee in the city. The city council may, by resoluƟon, establish a longer probaƟonary period for specified classes. During the probaƟonary period the employee may be rejected at any Ɵme without cause or jusƟficaƟon and without the right of appeal or hearing. An employee rejected during the probaƟonary period from a compeƟƟve service posiƟon to which he / she has been promoted from another compeƟƟve service posiƟon shall be reinstated to a posiƟon in the class in which he /she was promoted unless he /she is discharged from the city's service in accordance with the provisions applicable to employees in the compeƟƟve service.

An employee in the compeƟƟve service promoted or transferred to a posiƟon not included in the compeƟƟve service shall be reinstated to a posiƟon in the class in which he /she was promoted or transferred, if acƟon is taken to reject him /her, unless he /she is discharged in a manner provided in this chapter and the personnel rules for posiƟons in the compeƟƟve service.

If the service of the probaƟonary employee has been saƟsfactory to the appoinƟng authority, then the appoinƟng authority shall file with the personnel officer a statement in wriƟng to such effect and state that the retenƟon of such employee is requested. If such a statement is not filed, the employee will be deemed unsaƟsfactory and his /her employment terminated at the expiraƟon of his /her probaƟonary period.

2.22.075 ProbaƟonary Period ExcepƟon; Lateral Appointments (Hires) of Firefighter/Paramedics.

When it is determined by the city manager that it is in the best interest of the city to appoint (hire) individuals for the posiƟon classificaƟon of firefighter/paramedic, and such individuals meet the Lateral Entry requirements (as hereinaŌer defined), the probaƟonary period may be reduced to six months.

However, if the probaƟonary period is reduced to six months, all other provisions of SecƟon 2.22.070 shall remain applicable.

To meet the requirements for Lateral Entry, the applicant must be presently employed by the fire department of another recognized United States public agency (cit y, county, fire protecƟon district, etc.) in the posiƟon classificaƟon for which Lateral Entry is currently being sought; have achieved regular (non- probaƟonary) employment status with such recognized public agency in said posiƟon classificaƟon; have performed saƟsfactory service in such posiƟon classificaƟon; and otherwise meet the City’s requirements for such posiƟon classificaƟon.

Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: May 16, 2023
Submitted By:

Brian Gengler, City Engineer

Subject:

Partial Securities Release for Case Nos. BLDC21-00045/EROW21-00181 Recommendation:

That the Honorable City Council:
(1) Approve an 80-percent release of the Street Improvements Faithful Performance Securities for case Nos. BLDC21-00045/EROW21-00181; and (2) Accept the street improvements.

Fiscal Impact:

There is no fiscal impact associated with this item.

Strategic Plan Goal:

This item aligns with Goal E, Strategy 1 in the Strategic Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs.” Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.

Background:

Case Nos. BLDC21-00045/EROW21-00181 are for a fueling station with a convenience store and carwash located at the southeast corner of Nisqualli Road and Hesperia Road.

The developer, Boos-UP Hesperia, LLC, was required to complete street improvements per the conditions of approval. As a public improvement, the developer provided bonds as security for the required pavement widening, curb & gutter, and sidewalk construction on Hesperia and Nisqualli Roads and a traffic signal modification at the intersection.

Discussion:

The developer has completed the street improvements and has passed all inspections.

At this time, an 80-percent release of the Faithful Performance securities is recommended, and that the City accept and maintain the street improvements. Per 3 0
8 9
Victorville Municipal Code Section 17.64.070(4), the remaining 20-percent of the Faithful Performance securities are to be held for a one-year warranty period and the Labor & Materials securities will be held for a 6-month warranty period.

Staff is available to answer any questions the Council may have.

Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities

Attachment A
Vicinity Map

Attachment B
Security Tables

Security Tables

Developer:

Boos-UP Hesperia, LLC
410 Park Place Blvd., #100
Clearwater, FL 33759
Faithful Performance Security
Street Improvements – 72453378
Labor & Materials Security
Water Improvements – 72453378
Amount of ORIGINAL Security: $546,231.47 Amount of ORIGINAL Security: $273,115.74 Amount of Security CURRENTLY: $546,231.47 Amount of Security CURRENTLY: $273,115.74 Amount of Security being REDUCED: $436,985.18 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $109,246.29 Amount of Security REMAINING: $273,115.74

Attachment C
Existing Securities

Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: May 16, 2023
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Budget Amendment - CalRecycle City/County CRV Recycling Payment Program Grant Recommendation:

That the Honorable City Council adopt Resolution No. 23-031 to amend the Fiscal Year 2022/2023 budget to reflect the revenues and expenditures associated with the Cycle 22- 23 CalRecycle City/County CRV Recycling Payment Program Grant Fiscal Impact:

Amending the Fiscal Year 2022/2023 budget to reflect receipt of the Cycle 22-23 City/County Payment Program Grant will increase the revenue budget by $34,246 (2704052-43110-21381) and increase expense budget by an equal amount in the following account numbers:
2704052-52110-21381 - $8,000 for Supplies
2704052-52170-21381 - $8,246 for Advertising
2704052-52300-21381 - $18,000 for Contract Services
There is no requirement for the City to provide matching funds. Funds are tracked through City budget Org 2704052 (Department of Conservation Grants) and Project 21381 (Cycle 22-23).

Strategic Plan Goal:

This item aligns with Goal F of the City’s Strategic Plan, Communication and Outreach.

The use of this state-funded grant program assists with educating our community concerning proper CRV and curbside recycling via assembly programs held at elementary schools, radio and bus shelter advertisements and the purchasing of recycling containers to be distributed to multi-family complexes, non-profits, schools, and businesses. 3 0
9 9
Background:

Grant funding is available pursuant to California Public Resources Code Section 14581(a)(3)(A) of the CA Beverage Container and Litter Reduction Act, which provides for distribution of $10.5 million annually to eligible cities/counties. Funding is provided to local jurisdictions in advance of expenditures to assist in the promotion of beverage container recycling (including curbside recycling) and litter reduction. The City has applied for and received this grant annually since 2000, with the award amount ranging from approximately $20,000 to $34,000 per year.

On February 18, 2020, the City Council adopted Resolution No. 20-003 which authorized the submittal of applications for all payment programs offered by CalRecycle and authorized the City Manager or his designee as the signature authority.

Discussion:

The Cycle 22-23 CalRecycle City/County Payment Program Grant application was submitted on December 8, 2022, in accordance with the Resolution No. 20-003, authorizing the City Manager or his/her designee as the Signature Authority to execute all documents necessary to implement and secure payment. On April 15, 2023, the City received the Cycle 22-23 payment in the amount of $34,246.

The City will use grant funds to purchase recycling containers to distribute to multi-family complexes, non-profits, schools, and businesses. Funds will also be used to pay for recycling assembly programs at elementary schools and to advertise CRV and curbside recycling opportunities. This grant is a major source of funding for advertising and promoting the City’s recycling program and funding is used to supplement other resources available under the Solid Waste and Landfill Mitigation budgets. The expenditure plan calls for $8,000 for supplies, $8,246 for advertising and marketing/promotion, and $18,000 for contract services, which includes school assembly programs, bill inserts, radio advertisements, on-line advertisements, and bus shelter advertisements. Grant funds for the Fiscal Year 2022/2023 funding cycle must be fully expended by March 1, 2025.

Staff remain available for any questions the Council may have.

Attachments: A. Resolution No. 23-031;
B. CA Department of Resources, Recycling, and Recovery
(CalRecycle) Beverage Container Recycling City/County Payment Program Guidelines, Cycle 22-23;
C. Copy of check
Attachment A
Resolution No. 23-031

RESOLUTION NO. 23-031

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING THE 2022/2023 BUDGET

YEAR TO REFLECT REC EIPT OF THE BEVERAGE CONTAINER

RECYCLING CITY/COUNTY PAYMENT PROGRAM GRANT , CYCLE
22-23

WHEREAS, pursuant to Public Resources Code § 14581(a)(3)(A) of the CA Beverage Container and Litter Reduction Act et seq. the California State Department of Resources Recycling and Recovery (CalRecycl e) distributes payments to qualifying jurisdictions for implementation of beverage container recycling activities; and

WHEREAS, the Victorville City Council previously adopted Resolution N o. 20- 003 on February 18, 2020, which authorized the City to apply for CalRecycle payment program grants; and

WHEREAS, CalRecycle has notified the City that grant funds have been awarded to the City for Beverage Container Recycling City/County Payment Program, Cycle 22-23.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The City of Victorville Fiscal Year 2022-2023 budget shall be amended to reflect additio nal revenues in the am ount of $ 34,246 (2704052-43110-21381) and additional expenses in the amount of $8,000 for Supplies (2704052-52110-21381), $8,246 for Advert ising (2704052-52170-21381), and $18,000 for Con tract Services (2704052-52300-21381).

Section 2. That copies of s uch 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 Cit y departments, offices, and subsidiary districts of the City.

Section 3. This Resolution shall take effect immediately upon its adoption.

Attachment B

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 1

October 2022
Department of Resources Recycling and Recovery
Beverage Container Recycling
City/County Payment Program
Application Guidelines and Instructions
Fiscal Year 2022–23

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 2 Cycle Overview
Submittal of a Beverage Container Recycling City/County Payment Program (Program) Application constitutes acceptance of these Guidelines as the controlling requirements for receiving, spending, and accounting for funds and for reporting. The on-line funding request application and the Guidelines shall constitute the Agreement.

The Department of Resources Recycling and Recovery (CalRecycle) offers the Beverage Container Recycling City County Payment Program pursuant to Public Resources Code (PRC) Section 14581 (a)(3)(A) of the California Beverage Container Recycling and Litter Reduction Act. CalRecycle is distributing $10,500,000 in fiscal year (FY) 2022-23 to eligible cities and counties specifically for beverage container recycling and litter cleanup activities.

The purpose of the beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers – aluminum, glass, plastic, and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal.

These Guidelines describe the application and administrative processes to implement the Program. Recipients are responsible for and accountable for ensuring that expenditures are appropriate, and that proper internal supporting documentation is maintained. To ensure full compliance with the processes and requirements, recipients must adhere to these Guidelines and the provisions set out in PRC 14581 et al.

This resource document provides applicants with instructions to access and complete the application online and information about grant administration. The web-based application is in CalRecycle’s
City/County Annual Payment and Reporting System
(CAPRS)
(https://secure.calrecycle.ca.gov/CAPRS/SignIn.aspx?ReturnUrl=%2fCAPRS%2f). The applicant will need to sign in to CAPRS to complete and submit an application.

Note: The following terms used in this document are defined below, unless the context clearly indicates otherwise:
• “Applicant” refers to either the legal name of the entity that is legally responsible for grant administration and any entity that will receive and control grant funded equipment, if awarded, or to a person who is completing an application on behalf of the Applicant (this is usually the primary contact listed on the application, but could also be the secondary contact, signature authority, or consultant). • “You” refers to a person who is completing the application on behalf of the Applicant.

Timeline
October 19, 2022: Funding Request Open Date

January 17, 2023: Funding Request Due Date
• Applicants must submit applications in CAPRS by 11:59 p.m. on this date. • Customer service will be available until 4:00 p.m. on this date.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 3

April 2023 (tentative): Payment Awards and Beginning of Term (Request for Approval Date)
• CalRecycle considers funding recommendations, and if approved, conditionally awards grants during this month.
• Program Expenditures may start no earlier than the date of the award.

June – July 2023 (tentative): Payments Distributed

March 1, 2025: Term End Date

April 3, 2025: Reporting Due Date

Eligible Applicants
Eligible applicants include cities, counties, or cities and counties in California, as identified by the California Department of Finance, unless otherwise determined by CalRecycle.

California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating entities are charter cities or Joint Powers Authorities that include charter cities, the lead participating entity must certify on the Detail tab of the application that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this application. If it is determined after award that an applicant or participating entity is a charter city prohibited from receiving state funds for this grant project, the grant will be terminated and any disbursed grant funds shall be returned to CalRecycle.

Individual Application
An Individual Application is one in which a single eligible entity will be responsible for project implementation. The applicant in an Individual Application will be responsible for the performance of the Program and all related documentation. In addition, the applicant will be the only entity receiving any real or personal property that is purchased with Program funds.

Regional Application
Local governments may join together in a Regional Application in which two or more eligible jurisdictions join together for the purpose of project implementation. A Regional Lead Participant (Lead) must be designated to act on behalf of all Non-Lead Participants. The Lead Participant is the applicant, and if awarded, will be the entity responsible for the performance of the Program and all required documentation.

CalRecycle will direct all official correspondence and payments to the Lead Participant.

If a jurisdiction is a Non-Lead Participant in a Regional Application, it may not apply individually.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 4 Eligible Projects/Products
Eligible activities include, but are not limited to:
• New or existing curbside recycling programs.
• Neighborhood drop-off recycling programs.
• Public education promoting beverage container recycling. • Litter reduction and cleanup where the waste stream includes beverage containers that will be recycled.
• Cooperative regional efforts among two or more cities and counties. • Supporting AB 341 Mandatory Commercial Recycling (MCR) requirements. For additional information on MCR and definitions of “businesses” and “multi-family residential dwellings” as they relate to this regulation, Mandatory Commercial Recycling (ht tps://www.calrecycle.ca.gov/Recycle/Commercial/ ). o Infrastructure for businesses to recycle beverage containers. o Support for new or existing beverage container recycling programs for residential dwellings.
o Public education and outreach that include a beverage container recycling component.

Available Funds
• $ 10,500,000 is available for fiscal year 2022–23, subject to funding availability. • Each City is eligible to receive $5,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater.
• Each county is eligible to receive $10,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater.

The calculation is based upon the population in the incorporated areas of a city, or a city and county, or the unincorporated area of a county as of January 1, 2022 (Department of Finance E-1 Population Estimates for Cities, Counties and the State with Annual Percent Change – January 1, 2021 and 2022. Sacramento, California, May 2022.)

Term
The Term begins from the date of the award and ends on March 1, 2025. Eligible costs must be incurred no later than March 1, 2025.

Recipients are notified by email once the awards are approved and will be provided the listing on the awarded amount.

Eligible and Ineligible Costs
All eligible expenditures are subject to proportionate cost/rate to beverage container recycling activities (i.e., a flyer containing equal parts E-Waste, Oil, Household Hazardous Waste, and Beverage Container Recycling would be funded at a 25 percent proportionate cost rate). Multi-bin, co-mingled, and single stream systems may also require a proportionate cost rate to be applied to the expenditure. The funding level for beverage container portions for activities will be approved on a case-by-case basis by a CalRecycle Regional Representative.

Bins/Litter Reduction. Please distinguish between litter reduction projects and waste management projects. Trash only receptacles are not considered litter reduction and

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 5 will be considered as ineligible expenditures. The purchase of multi-material recycling bins (to include beverage container recycling), permanently attached together, is an eligible expense and may be funded. Litter reduction activities must include beverage containers as part of the waste stream and must be recycled.

Water Refill Stations. Expenditures related to the installation or replacement of infrastructure, plumbing, maintenance, additional attachments, education & outreach, or modifications related to water refill stations are now eligible. The intent is to reduce the number of single-use beverage containers from entering the waste stream. Refillable water bottles (e.g. water cooler services, canteen water bottles, etc.), are currently still ineligible.

Advertising/Promotion. If you plan to spend Program funds on advertising/promotion, submit the artwork, brochure, radio script, flyer, or poster to the assigned CalRecycle Regional Representative for your jurisdiction for approval prior to going to print/production. CalRecycle Regional Representatives are listed on the Funding Request page in CAPRS.

Education/Outreach. Education and outreach activities and materials are subject to proportionate cost/rate. Recipients must provide supporting documentation to the CalRecycle Regional Representative for approval. For example, a recycling guide costs $5,000. The guide includes material topics such as oil, electronic waste, sharps, organics, cardboard, and beverage container recycling. The beverage container recycling portion is 1 of 4 pages of the entire guide. Therefore, staff would approve 25 percent (or $1,250) in this case as an eligible expenditure.

Acknowledgement. Recipients are not required to acknowledge CalRecycle’s support when activities or project funded, in whole or in part, by this Agreement are publicized in any news media, brochures, articles, seminars or other type of promotional material.

California Resource Recovery Association Conference. If you anticipate attending the California Resource Recovery Association annual conference, or other conference related to the beverage container recycling, please limit the expenditures to registration and travel for no more than two (2) staff. Please contact your CalRecycle Regional Representative before making travel plans in order to ensure that the trip is eligible for reimbursement. Travel expenses must follow the criteria for state travel expenses. The most current information related to travel expenses reimbursable by the state can be found at the California Department of Human Resources
webpage
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx).

Personnel Hours. If you are charging personnel hours, ensure they are auditable by hours. Program funding will only pay for direct time toward increasing beverage container recycling.

Litter Clean-Up Event. If you are sponsoring a litter cleanup event, in which beverage containers are part of the waste stream and are being recycled, Program funds may be used to pay for charges related to the cleanup. This may include supplies (i.e., bags, liners, grabbers, and gloves), personnel, and safety items (i.e., water, vests, and goggles). However, giveaways, incentives, food and/or promotional T-shirts are ineligible expenditures.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 6

Promotional Items/Stuff We All Get. In accordance with the governor’s directive, promotional items are ineligible expenses under CalRecycle’s grant/direct payment programs. More information can be found at Promotional Items/SWAG (Stuff We All Get) (ht tps://www.calrecycle.ca.gov/Funding/SWAG ).

Ineligible Activities/Items.

Any activity/items unrelated to beverage container recycling or litter reduction to include, but are not limited to:
• Recycled Content Products.
• Pet/BioBag Waste Bags.
• Monetary/Gift Card Rewards for Recycling Activities/Challenges. • Memberships to Associations.
• Out of State Conferences.
• Trash Containers Only.
• Refillable Water Bottles.
• Water Drop-Off Services.
• Activities solely related to used oil, E-waste, household hazardous waste, organics, compost, cardboard recycling, and waste.
• Items or services whose cost is covered by another CalRecycle Grant. • Any costs for construction projects by charter cities prohibited by Labor Code section 1782.

Jurisdictions may incur eligible costs only during the Expenditure Period.

Public Records Requests
CalRecycle’s policy is to make records requested by the public promptly available in accordance with the laws governing disclosure of records and information to the public.

In general, all records in the possession of a state agency are public records subject to disclosure, unless a law provides that a particular kind of record or information is not a public record or is exempt or prohibited from disclosure.

Upon request, the entire contents of the submitted application are subject to public records requests. This may include contact information, project summary, uploaded documents, and scoring information. Public records may be requested from CalRecycle through the California Public Records Act Requests web page

(https://www2.calrecycle.ca.gov/Forms/ContactUs/PublicRecordsRequest/).

Confidentiality
The following describes the treatment of certain confidential or proprietary information under the California Public Records Act (Government Code 6250, et seq.) and related regulations. It also describes how questions are resolved on whether information is truly confidential, the legal protections for confidential information, and internal and program procedures to maintain confidentiality.

Confidential or Proprietary Information

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 7 Title 14 of the California Code of Regulations (14 CCR), sections 17041-17046 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), states that confidential or proprietary information shall include, but is not limited to:
• Personal or business-related financial data, customer client lists, supplier lists and other information of a proprietary or confidential business nature provided by persons in applications, reports, returns, certifications or other documents submitted to [CalRecycle] which if released would result in harmful effects on the person’s competitive position.
• Tax information prohibited from disclosure, pursuant to the Revenue and Taxation Code.

Accordingly, appropriate documents submitted with an application that are clearly marked, on each page, “confidential or proprietary information” will be treated by CalRecycle pursuant to the procedures set forth in 14 CCR sections 17041-17046.

However, the law does not treat documents marked as “confidential or proprietary information” (such as sales brochures, promotional literature and other general non- financial documents) as confidential if they do not fall within the categories of protected financial documents listed above.

What if there is a question about what is confidential? If CalRecycle receives a request to disclose data claimed by the applicant to be confidential, CalRecycle would notify the applicant of the request and state that the documents were under review to determine whether information was correctly identified as “confidential.” If there was any question as to whether specific information was confidential, CalRecycle would contact the person(s) identified in the application to provide a justification and statement why the information is confidential. The process for evaluating confidentiality claims is set forth in section 14 CCR 17046.

What procedures does CalRecycle have in place to ensure that confidential information is kept confidential?
Confidential or proprietary information will be evaluated and analyzed only by CalRecycle staff, kept confidential, and will be maintained with restricted access.

Records no longer needed to provide the services offered under the grant program are periodically destroyed, when allowed by audit policies and state law.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 8 Application Instructions
Application Access
The application is available for cities and counties to apply for Program funds by completing a Funding Request in CalRecycle’s web-based City/County Annual Payment and Reporting System (CAPRS). Access to CAPRS is secure; therefore, you must have a CalRecycle WebPass to log in to the system. Those who have not previously obtained a CalRecycle WebPass can create an account at the CalRecycle WebPass page (ht tps://secure.calrecycle.ca.gov/WebPass/ ).

• First time users of CAPRS must contact the CalRecycle Regional Representative (https://www2.calrecycle.ca.gov/BevContainer/Grants/CityCountyContacts/) and request access to CAPRS. After the request is received and approved, a WebPass invitation will be sent along with an email granting access to CAPRS. • Returning users can immediately login to CAPRS.

Note: WebPass accounts are created for individuals, not organizations, and are tied to the individual’s specific email address. If the individual’s email address changes or becomes inactive, a new WebPass account is needed to access CAPRS. All individuals must create their own password. Passwords should not be shared within the organization. Access cannot be granted to the on-line application unless the applicant is designated as a contact in CAPRS.

The components of the Funding Request are divided into tabs. To fill out a Funding Request, click on each tab and complete the sections in each tab as required. General instructions are on the top of each page. A complete Funding Request application includes a Funding Request Certification signed by the applicant’s signature authority and a valid Resolution. Additional documents may be required. See the Application Documents section.

Funding Requests must be submitted no later than 11:59 p.m. on January 17, 2023.

The system will not allow any Funding Requests to be submitted after the deadline (PRC section 14581 (a)(3)(E)). Customer service will be available until 4:00 p.m. on the application due date either by emailing [email protected] or calling
Kelly Marshall at (916) 324-4481.

Funding Request Tab - Application Contents and Instructions This tab provides a summary of the funding status, eligible Program funds, due dates, program requirements, checklist, contacts, addresses, documents, region information, and a link to this document, the Beverage Container Recycling City/County Payment Program Guidelines. It is the applicant’s responsibility to ensure that all required documents, based on the individual or regional application, are submitted by the appropriate due date.

To begin, click the Edit button. Start with the Funding Request Type and use the drop down to select either Individual or Regional.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 9 Note: If the applicant selected Regional as the Funding Request Type, a new tab titled Participating Jurisdictions will be added to the row of tabs. This is where the participating jurisdictions are selected, and their authorizing documents are uploaded.

Contacts Tab
The application is required to have only one Primary Contact and at least one Signature Authority. Contacts will automatically populate based on your previous year’s application, when applicable. You must verify that the contacts are still the same; otherwise, you can add, edit or delete contacts before you submit you application. • Signature Authority. The person(s) authorized to sign CalRecycle documents, such as Funding Request Certification and Expenditure Reporting Certification, etc., as authorized by a board/council-adopted Resolution or Letter of Designation.
• Primary Contact. One person who has been authorized by the Signature Authority/Designee to manage and oversee the Program. This person will be the first contact with whom the CalRecycle Regional Representative will communicate.
• Secondary Contact. A person authorized (by the Primary Contact or Signature Authority/Designee) as the alternate person with whom the CalRecycle Regional Representative will communicate. (Not required)

Addresses Tab
A payment and a physical address are required. Payments will be mailed to the payment address. To comply with the requirements of Chapter 8400 of the State Administrative Manual (Warrants Payable to Counties), the county treasurer’s address will be identified as the payment address for counties. If one address is used for more than one address type, only enter the address once, and check the appropriate address types.

Activities Tab
Pursuant to PRC section 14581 (a)(3)(C), these funds shall not be used for activities unrelated to beverage container recycling or litter reduction. Approved activities are listed in the Activities tab, by category, in the Funding Request. The Other field is provided to allow additional activities to be listed. These are subject to approval by CalRecycle.

Eligible activities include, but are not necessarily limited to:
• New or existing curbside recycling programs.
• Neighborhood drop-off recycling programs.
• Public education promoting beverage container recycling. • Litter reduction and cleanup where the waste stream includes beverage containers that will be recycled.
• Cooperative regional efforts among two or more cities and counties. • Supporting AB 31 Mandatory Commercial Recycling (MCR) requirements. For additional information on MCR and definitions of “businesses” and “multi-family residential dwellings” as they relate to this regulation, see Mandatory Commercial
Recycling (h ttps://www.calrecycle.ca .gov/Recycle/Commercial/). o Infrastructure for businesses to recycle beverage containers.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 10 o Support for new or existing beverage container recycling programs for residential dwellings.
o Public education and outreach that include a beverage container recycling component.

Documents Tab
When uploading a document, enter a document title, select the appropriate document type from the drop-down list, and enter the date that it was executed/signed, if applicable, or select “today’s date.”

Application Submittal and Deadline
The Submit Funding Request to CalRecycle button located in the Funding Request Summary tab will be enabled after all required documents have been uploaded.

Click the Submit Funding Request to CalRecycle button and the application status will change to Submitted. You can only submit the application once.

You must submit your application no later than 11:59 p.m. on January 17, 2023.

Customer service will be available until 4:00 p.m. on the application due date either by emailing [email protected]
or calling Kelly Marshall at (916) 324-4481.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 11 Application Documents
Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents or forms that certify legally binding information.

Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program), and cannot be completed using the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” function, is considered incomplete and may be sent back to the applicant.

Once the document(s) have been signed by the Signature Authority, upload the digitally signed document, or scan the wet signature and save it to CAPRS. Retain the original document for potential CalRecycle audits. See Audit Considerations section of the Procedures and Requirements document for more information.

If you have questions, email [email protected] .

Funding Request Certification
The Funding Request Certification is a required document that must be generated from CAPRS. After each tab of the application is completed and documents are uploaded, generate the Funding Request Certification from the Funding Request tab. A certified digital signature or wet signature from the authorized Signature Authority (identified in your Resolution or Letter of Designation) is required, then scan the document, upload to the Documents tab, and retain the original hard copy document.

Applicant’s Required Authorization Documents
Below is a list of required authorizing documents by application type that the applicant is responsible for preparing and uploading to their application.

Resolution
Any applicant that is subject to a governing body must upload a Resolution that authorizes specific payment program-related matters. A copy of the authorizing Resolution is a required application document that must be uploaded no later than the Funding Request due date or CalRecycle will deem the application incomplete and disqualify the applicant.

Note: For Resolution and Letter of Designation templates refer to the Resolution and
Letter Examples ( https://www.calrecycle.ca.gov/Funding/SampleDocs ) web page.

CalRecycle staff are available to answer questions about the Resolution and Letter of Designation, or to review your draft Resolution to ensure it meets the requirements of the Program. You may upload the Resolution or Letter of Designation to your application as a “Draft Resolution” or “Draft Letter of Designation” or, for immediate review, email it to [email protected].

Individual Application Resolution Requirements:

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 12 The Resolution must:

1. A uthorize submittal of an application for one or more specifically named CalRecycle payment programs or for all CalRecycle payment programs for which the applicant is eligible.

2. Identify the time period, up to five years, during which the authorizations are valid. a. Valid until rescinded is encouraged; however, periods of less are acceptable.
b. If a Resolution does not specify a time period, CalRecycle will consider the Resolution valid for one year from the date of adoption.

3. Identify the Signature Authority by listing the job title of the person(s) authorized to sign all payment program-related documents necessary to implement and close- out the cycle(s).
a. (Optional but encouraged) The Resolution should authorize the Signature Authority to delegate their signature authority to another person identified by job title. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language.

Note: The Signature Authority must sign a Letter of Designation prior to the designee’s exercise of their authority.
.

Regional Application Authorization Documents:

Lead Participant
The Lead Participant (Lead) must submit an approved Resolution that authorizes it to act as a lead on behalf of itself and the participating entities no later than the application due date or CalRecycle will deem the application incomplete and disqualify the applicant.

The Resolution must:

1. A uthorize submittal of a Regional Application on behalf of itself as Lead Participant and all other Non-lead Participants for a specifically named CalRecycle program.

2. Identify the time period, up to five years, during which the authorizations are valid. • Five years is encouraged; however, periods of less than five years are acceptable.
• A Resolution that is valid for more than 1 year is highly recommended that:
o The list of participants be provided as an attachment rather than embedded in the Resolution, and
o The Signature Authority be authorized to revise the list as necessary with each subsequent application (this allows a Signature Authority to add or remove participants with each new application without the necessity of obtaining a new Resolution).

• If a Resolution does not specify a time period, CalRecycle will consider the Resolution valid for one year from the date of adoption.

3. Identify the Signature Authority by listing the job title of the person(s) authorized to sign all payment program-related documents necessary to implement and close- out the cycle(s).
• (Optional but encouraged) The Resolution should authorize the Signature Authority to delegate their signature authority to another person identified

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 13 by job title. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language.

Non-Lead Participant
The Non-Lead Participant prepares the Letter of Authorization (LOA) and gives the Lead Participant authorization to apply for and to act on its behalf in the implementation and administration of the program.

Applicant must submit a Letter of Authorization no later than the application due date or CalRecycle will remove the Non-Lead Participant(s) from the application.

The LOA must:

1. B e on the Non-Lead Participant’s official letterhead.

2. Specify payment program name.

3. Be valid for as long as the Lead Participant’s Resolution, not to exceed five years; otherwise, the participating entity must date the letter within the last 12 months.

4. A uthorize the Lead Participant to submit a Regional Application and act as Lead Agency on behalf of the Non-Lead Participant.

5. A uthorize the Lead Participant to execute all documents necessary to implement the project.

6. Be signed by an individual authorized to contractually bind the Non-Lead Participant.

For LOA templates refer to the Resolution and Letter Examples

(https://www.calrecycle.ca.gov/Funding/SampleDocs) web page.

Letter of Designation
CalRecycle requires a Letter of Designation (LOD) only when the Signature Authority identified in the approved Resolution chooses to delegate their signature authority to another person.

The approved Resolution must indicate the Signature Authority’s ability to delegate or designate their authority. The applicant must upload the LOD prior to the designee’s exercise of their authority. If the designee signs an application document in place of the Signature Authority, the applicant must upload the LOD with their application.

The LOD must:

1. Be on the applicant’s letterhead.

2. Include the job title of the designee and the scope of the designee’s authority.

3. Include the time period during which the designee may exercise the authority.

4. Be signed by the Signature Authority.

The designee’s authority may not extend beyond the effective date of the approved Resolution. For example, if the Resolution is effective until December 31, 2022, then the Letter of Designation may not be effective beyond December 31, 2022. If the letter does not identify a valid time period, the letter will follow the same time frame as the Resolution.

For LOD templates refer to the Resolution and Letter Examples

(https://www.calrecycle.ca.gov/Funding/SampleDocs) web page.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 14 Funding Request Review and Award Process
Funding Request Review Process
After the close of the application period, CalRecycle staff will review the applications for completeness and eligibility. Only complete applications will be considered for award.

Funding Award Process
For qualifying applications, CalRecycle staff will develop funding recommendations for the consideration and approval of CalRecycle’s Director, or their designee; CalRecycle tentatively schedules this for April 2023. CalRecycle reserves the right to partially fund or fund individual phases of selected proposals, and CalRecycle may fund an amount less than requested.

CalRecycle reserves the right to not award any program funds under one or more cycles.

Award Conditions
When awarded, this program will be subject to two conditions:

1. The recommended jurisdiction must pay all outstanding debts due to CalRecycle, or bring current outstanding payments owed to CalRecycle by the RFA Award date.

2. The recommended jurisdiction’s Signature Authority (or their delegated signature authority) must sign and return the Funding Request Certification to CalRecycle by the Funding Request Due Date.

Failure to comply with either condition will void the award.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 15 Program Administration
Reporting Process
Expenditure reporting is a requirement for ongoing eligibility for the Program.

Recipients must spend the Program funds by March 1, 2025 with a reporting due date of April 3, 2025. Recipients must meet CalRecycle’s online reporting requirements.

Recipients may submit an Expenditure Report once all Program funds have been spent but no later than April 3, 2025. Failure to meet this reporting due date may result in the denial of future Beverage Container City/County Payment Program funding and/or collection of unspent/unreported Beverage Container Recycling City/County Payment Program funds.

Report all expenditures through CAPRS. Supporting documentation and proof of payment for all expenditures will be required. Failure to account for funds and/or ineligible expenditures may result in requiring reimbursement from and/or forfeiture of Beverage Container Recycling City/County Payment Program funds. In addition, recipients may be denied future Beverage Container Recycling City/County Payment Program funding.

Semi-Annual Reporting for AB 506
If your jurisdiction indicated that it was participating in mediation mandated by AB 506, filed for bankruptcy or declared fiscal emergency, CalRecycle will request you submit a Semi-Annual Report. This report will track your progress as you expend your Program funds. You will be required to submit an Expenditure Report.

Unspent Funds
Unspent Program funds at the end of the term must be reimbursed by check to CalRecycle within 45 days of that date. Notify your CalRecycle Regional Representative if you will be sending in a check. The check will need to be labeled as City County Payment Program Unspent Funds for FY 2022-23 and mailed to:

CalRecycle, Accounting
P.O. Box 4025
Sacramento, CA 95812-4025

If there are questions or concerns related to expenditures, contact your CalRecycle
Regional Representative
(https://www2.calrecycle.ca.gov/BevContainer/Grants/CityCountyContacts/).

Note: Program funds due to CalRecycle but left unpaid may result in a recipient not being eligible for future funding.

Payment Request Process
CalRecycle will approve Funding Requests and authorize the State Controller’s Office to make payments to each city and county. The warrant will arrive without a cover letter to the city or to the county treasurer. Payments must be placed into an interest-bearing account. Tracking and reporting of interest earned (if any) on the payment is not required. All interest accrued and received from the Program shall be used for eligible expenses related to the performance of this Agreement. Pursuant to PRC section

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 16 14581(a)(3)(F), CalRecycle may withhold payment to any city, county, or a city and county that has prohibited the siting of a certified recycling center at a supermarket site, caused a certified recycling center at a supermarket to close its business, or adopted a land use policy that restricts or prohibits the siting of a certified recycling center at a supermarket site within its jurisdiction since January 1, 2000.

Expenditure Payments
Expenditures must be incurred no earlier than the date of the award and no later than March 1, 2025. Proof of payment for expenditures incurred must occur and be submitted no later than April 3, 2025.

Records Retention and Audit Consideration
Recipients are responsible and accountable for all Program funds; therefore, it is essential that adequate supporting documentation and a clear paper/audit trail are maintained. The accounting of Program funds must be maintained in a manner that provides clear and separate tracking of funds and related transactions for fiscal program management and audit purposes.

CalRecycle, the Department of Finance, the California State Auditor, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the use of Program funds; and shall have the right to interview staff relevant to the audit. Examples of supporting documentation subject to audit include:
• Expenditure ledgers.
• Paid warrants.
• Travel logs.
• Payroll register entries.
• Time sheets.
• Contracts and change orders.
• Samples/pictures of items and materials developed with Program funds. • Invoices, receipts, cancelled checks.

Supporting documentation must clearly identify all eligible expenditures related to beverage container recycling and litter cleanup activities. All such records shall be maintained for possible audit for a minimum of three (3) years after the Program term end date, or until completion of any action and resolution of all issues, which may arise as a result of any litigation, dispute, or audit, whichever is later.

Termination for Cause
In the event the recipient fails to comply with the requirements of these Guidelines at the time and in the manner herein provided, CalRecycle may terminate the Agreement.

Recipients are encouraged to discuss any problems they may have in complying with these Guidelines with their CalRecycle Regional Representative to determine if CalRecycle can be of assistance.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2022–23) 17 Indemnity
Recipient agrees to indemnify, defend and save harmless the state, CalRecycle, its officers, agents, and employees from any and all claims and/or losses accruing or resulting from the performance of the Program.

Compliance
Recipient shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits.

How to Reach Us
Your CalRecycle Regional Representative’s contact information is in CAPRS on your Funding Request page. This is the best contact for any questions about the Program.

Department of Resources Recycling and Recovery
Grant and Payment Unit 5
1001 I Street, MS 9A
Sacramento, CA 95814
Telephone: (916) 322-0613
Email: City County Payment Program
([email protected])

Attachment C

Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: May 16, 2023
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Environmental Programs Quarterly Report for the Third Quarter of Fiscal Year 2023 Recommendation:

That the Honorable Victorville City Council review and file.

Fiscal Impact:

There is no fiscal impact associated with this action.

Strategic Plan Goal:

This item aligns with Goal E, of the Strategic Plan, Invest in Infrastructure. The Environmental Programs Division assists with creating a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovations.

Discussion:

The City of Victorville Environmental Programs Division within the Public Works Department serves both residential and commercial customers, with a staff of 15 personnel. Department staff will be providing quarterly updates as a means to present key departmental activities, pertinent highlights, and operational performance indicators.

Staff remains available for any questions the Council may have.

Attachments: A. Environmental Programs Division Quarterly Report - FY2023 Q3 Attachment A
The City of Victorville’s Environmental Programs Division is responsible for administering, coordinating, implementing, and promoting programs related to solid waste management, recycling, household hazardous waste, community cleanup, and illegal dump abatement while also administering the contract with Victorville Disposal, our franchised trash/recycling hauler. The Division also is responsible for ensuring compliance with State of California legislative mandates to recycle and reduce waste sent to landfill, including AB 939 (50% recycling mandate); AB 341 (mandatory commercial recycling); AB 1826 (mandatory commercial ORGANICS recycling); and SB 1383 (organics landfill reduction).

QUARTERLY REPORT JAN - MAR 2023

AT-A-GLANCE

RECYCLING DROP-

OFF CENTER

HOUSEHOLD

HAZARDOUS WASTE

CENTER (HHWC)

ILLEGAL DUMP

ABATEMENT
2,111

VISITORS
30 TONS OF

E-WASTE RECYCLED
513

MATTRESSES

RECYCLED
1,508

VISITORS
1,821

GALLONS OF

MOTOR OIL
174
TIRES

DROPPED OFF
1,545

SITES ABATED
279

MATTRESSES

COLLECTED
291

TONS TO

LANDFILL

COMMUNITY
EVENTS

ILLEGAL DUMP

ABATEMENT
SB 1383
UPDATE

PROGRAM

SPOTLIGHT

Each year, we coordinate three Free Dump Day events where residents are encouraged to bring excess items for disposal and recycling. Our hauler, Victorville Disposal, brings roll-off containers and compacting trash trucks to receive and process items brought from verified residents. Continuous advertisement of these events is accomplished via flyers included with monthly billings and in-person employee attendance at local events.

Our most recent event, held on Saturday, March 11th, was a tremendous success with over 360 vehicles attending and collecting:

Tons of Trash 70
Tons of Scrap Metal 10
Public Works Day 04/06/23 Spring Egg Hunt 04/08/23 Home Show 03/31/23 The Environmental Programs Division participates in numerous events throughout the city to reach residents with information about our programs. This constant community engagement helps us educate our community on our recycling programs, proper and free disposal options, and other helpful services. We also inform residents about events held throughout the year including Free Dump Day, Community Clean-Up Days, and Shred Fest Days.

Most recently, we participated in the City’s Public Works Day celebration, held a booth at our annual Spring Egg Hunt, and staffed two booths at the Home Show. In the coming months, we will also participate in the Concert in the Park summer series and the City’s Fall Festival.

Tons of Mattresses 4
Tons of Garden Trimmings 3

02/08/23 – Cottonwood and Tokay 03/15/23 – Loves Lane and Victor 03/12/23 – Valley Center Drive Our crews provide support to the Code Enforcement Department as needed. Once a Code Enforcement Officer has posted the site and it has been vacated and authorized for abatement, our crews come in to clear the location of trash and debris. This task has continually grown in volume and takes more time as our homeless population has increased throughout the years to become a daily task for all crews. This most common items removed include clothing and electronics.

From January through March 2023:

Homeless Encampments abated 244
Despite the many programs offered by the City for free and convenient disposal, there are still individuals that choose to illegally dump debris on vacant lots, roadsides, and in alley ways. These illegal dumps are unsightly and create hazards to our community, including to the vehicles traveling our roads and to the environment. Division workers routinely monitor areas for illegal dumps and use a variety of equipment to remove and clean up the debris.

Items removed between January and March 2023 included:

Total tons collected 59
Mattresses collected 279
Sofas collected 119
Tires collected 1,110
Sites abated 1,545
Total Tons collected 291
Services requests completed 536

Recycling Hotline: (760) 955- 8615 Service Calls (760) 241- 6365 Administration (760) 955- 5200 City of Victorville
Public Works Department – Environmental Programs Division VictorvilleCA.gov/DumpItRightVV
California’s Short-Lived Climate Pollutants Strategy, commonly referred to as SB 1383, passed in 2016 and went into effect on January 1, 2022. Commercial organics recycling programs for food scraps, garden trimmings, and wood waste have already been implemented in the City. Our residential organics recycling program is expected to launch citywide in Fall 2023, with all residents receiving green carts to properly dispose of their garden trimmings, wood scraps, and leftover food scraps/food waste.

We were “lid flipping” in the residential organics recycling pilot area, reviewing all three cans and providing feedback via “Oops” and “Gold Star” tags. There has been continual improvement since the launch of the pilot program, diverting an average of 3.55 tons of organic material each week.

Throughout the year, we sponsor events to assist our residents with cleanup and large projects that fall outside of their normal routine; events like ShredFest, Free Dump Day, and Community Cleanup. Our next quarter will include two of these events; ShredFest was held on Saturday, May 6 and our Free Dump Day will be held on Saturday, July 22. Details on all our City cleanup programs can be found online at Victorvilleca.gov/DumpItRightVV.

Community Cleanup April 22 & October 21
Free Dump Days March 11, July 22, November 18
ShredFest & Compost Giveaway February 4, May 6, August 5 & October 4 Victorville Recycles Week TBD

Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: May 16, 2023
Submitted By:

Jenele Davidson, Deputy City Manager

Subject:

Community Services Quarterly Report for the Third Quarter of Fiscal Year 2023 Recommendation:

That the Honorable Victorville City Council review and file.

Fiscal Impact:

There is no fiscal impact associated with this action.

Strategic Plan Goal:

This item aligns with Goal E of the City’s Strategic Plan, Invest in Infrastructure, as it aligns with the implementation of the Parks and Recreation Master Plan and the Library Master Plan; and Goal F, Communication and Outreach, with programs and services helping to build strong connections with community partners and residents.

Discussion:

The City’s Community Services Department consists of the Facilities, Library, Parks, and Recreation Divisions. Department staff will be providing quarterly updates as a means to present key departmental activities, highlights and operational performance indicators.

Staff remain available for any questions the Council may have.

Attachments: A. Community Services Department Quarterly Report - FY2023 Q3

Attachment A

Community Services Department
Site Crews are assigned to various park
site locations. They are responsible for
opening and cleaning restrooms,
picking up trash, conducting daily
routine playground inspections and
maintenance of the parks irrigation
systems.

Mow Crew is tasked with the mowing
and edging of trim, grass and shrubs at
all sites.

PARKS DIVISIONQUARTER 3
It is the goal of the Parks Division to
maintain the City of Victorville Parks
infrastructure, to ensure residents have
a safe and clean place to bring their
families.

Doris
Davies
Park
Sunset
Ridge
Park
The Special Projects Crew completes
projects within the parks system that are
not routine in nature. Projects include
baseball field fence repairs, installation of
new ADA water fountains and
fabricating backflow cages, etc.
www.victorvilleca.gov
The parks system is made up of 19 parks
with a variety of amenities. The Parks
Division is comprised of 15 full-time staff
members and 20 part-time staff. The
division is divided into crews to address
different areas of responsibilities.

JANUARY 2023 - MARCH 2023
These crews consist of Mow Crew, Site
Crews and Special Projects Crew
1,489
Joshua
Tree
Inspections
226
Trees
Trimmed
48 Playground
Repairs
726
Graffiti
Instances
Removed
516
Service
Requests
326.30
Acres
Mowed
PARKS
1 The Youth Basketball program is the
Recreation Division’s largest attended
program and features two seasons:
winter and summer. The winter
season saw an astonishing 474
participants!
The winter season runs from January –
March with practice scheduled during
the week and games held on Friday
nights and all-day Saturday. The
league is designed for boys and girls
ages 5 – 17 and teaches skills within
fundamentals, sportsmanship and
teamwork.

RECR
EATION DIVISIONQUARTER 3
The Recreation Division has revamped a past
program for teens ages 13-17. The former
program, RAT Pack, had not run since 2019,
and had low participation. Time was taken to
develop a curriculum and program to be
more interactive, and educational and
provide volunteer opportunities. Teen
Activity Group meets every Thursday of the
month with a guest speaker to present their
expertise and introduce teens to different
career opportunities and life skills as they
enter adulthood. These sessions include
interview skills, college scholarships, job
applications, personal finances, customer
service and how to live a healthy lifestyle.

Youth
Basketball
Program
www.victorvilleca.gov
Teen
Activity
Group

RECREATION
585
T.A.G.

Attendees
27 Facility
Rentals
12 Ball
Field
Permits
1,476
Class
Attendees
1,489
Sports
Particpants
296
Pre-School
Students
2 LIBRARY DIVISIONQUARTER 3
All ages were invited to sign up for a
special STEAM program in the month
of March. Participants were given a
round piece of wood donated by a
local company and a small birdhouse.

They were then given access to
various supplies to complete their
“Fairy House” or “Troll Den.”
Some items were even printed with
the library’s 3D printer. As supplies
were limited, registration was
required allowing 38 children and 20
adults to complete their own magical
houses.

During the month of March, the
Library hosted an annual special story
time in celebration of Dr. Seuss’
birthday and Read Across America
Day! Staff read the famous story “The
Cat in the Hat” followed by themed
crafts.

Our crafts included a “Dr. Seuss” hat,
Thing 1 and Thing 2 Popsicle Sticks
and decorating socks from “Fox in
Socks.” After completing the crafts,
children were offered a Dr. Seuss
book and bookmark to take home
with them. The program was a great
success, with 60 children and 108
adults in attendance.

Special
STEAM - Fairy
House & Troll Den
www.victorvilleca.gov
Dr. Seuss'
Birthday

LIBRARY
20,181
Circulated
Items
1,834
Library
Cards
612
Adult
Program
Attendees
790
Children &
Teen
Program
Attendees
421
Passports
11,601
Visitors
3 FACILITIES DIVISIONQUARTER 3
Doris Davies Pool was built in the early 1980’s and had not been replastered since 2001. Our 180,000 gallon
pool is currently the City’s only aquatic amenity,
making it extremely important to perform this
deferred maintenance. Repairs and restoration on the
heels of the deck were completed prior to the
replastering of the pool in 2022.

Pre-COVID, the pool would average 1,000 youth
participating in swim lessons per year and open swim
was very popular in the summer with over 3,000
participants of all ages.

Staff was able to advertise for bids and complete this
project well before the 2023 pool season. The freshly
refinished pool will soon open to the public on May
27th and is scheduled to remain open until August
20th.
www.victorvilleca.gov

FACILITIES
230
Work
Orders
Completed
26 Electrical
Repairs
12 HVAC
Repairs
14 Event
Setups
221
Routine
Maintenance
Orders
Completed
263
Work
Orders
Received
Doris
Davies
Pool
Restoration
Project

4 Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: May 16, 2023
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Second Reading of Ordinance No. 2436
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2436 repealing in its entirety uncodified Ordinance 1460 which previously established a benefit fee system to finance drainage improvements and directing the non-codification of said Ordinance.

Fiscal Impact:

There is no fiscal impact as a result of this action.

Strategic Plan Goal:

The City of Victorville Strategic Plan 2020-2023 identifies multi-year strategic goals and various strategies to work toward achieving those goals. Goal A is financial sustainability through long-term planning, cost control, increased revenue, and cost recovery. The City accomplished a portion of this goal by evaluating and establishing a Regional Storm Drain Development Impact Fee to fund capital facilities needed to mitigate the impacts of new development and maintain the existing level of services for the City’s regional drainage system.

Discussion:

At the Regular City Council meeting held on May 2, 2023, the City Council voted to introduce Ordinance No. 2436, repealing in its entirety uncodified Ordinance 1460 which previously established a benefit fee system to finance drainage improvements and directing the non-codification of said Ordinance.

This ordinance is being presented for adoption and once adopted, will become effective June 15, 2023.

Attachments: A. Ordinance No. 2436
Attachment A

1 1
3 4
6 1
ORDINANCE NO. 2436

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, REPEALING IN ITS ENTIRETY
UNCODIFIED ORDINANCE NO. 1460 WHICH PREVIOUSLY

ESTABLISHED A BENEFIT FEE SYSTEM TO FINANCE DRAINAGE

IMPROVEMENTS AND DIRECTING THE NON-CODIFICATION OF

SAID ORDINANCE
WHEREAS, on July 10, 1990, the City Council of the City of Victorville (“City”) introduced Ordinance No. 1460, entitled “An Ordinance Establishing a Benefit Fee System to Finance the Cost of Construction of Storm Drainage Improvements for Northern and Central Victorville”, and enacted said ordinance on July 24, 1990 (effective September 24, 1990); and WHEREAS, on July 10, 1990, the City Council also adopted and directed the recording of Resolution No. 90-158, which resolution set the amount of the fee, described the area of benefit in which it applied, and described the costs and rate and method of apportionment of said fee; and WHEREAS, following said enactment and the adoption and recordation of Resolution No. 90-158, the City continuously collected a $2,585.00 per acre drainage improvement fee on certain new development as authorized by Ordinance No. 1460, Resolution No. 90-158, and Government Code Section 66483 (the “1460 Fee”); and
WHEREAS, said 1460 Fee was re-evaluated pursuant to a regional drainage facilities study conducted by an independent consultant on behalf of the City (the “Drainage Study”) as part of a City-wide update and consolidation of various Development Impact Fees undertaken to comply with new legislation (AB 602) and information available with respect to the impact of new development on the demand for certain improvements and services and the costs of same; and WHEREAS, said Drainage Study was presented to the City Council at a public workshop on March 29, 2022, and thereafter a new Regional Drainage Fee was considered and adopted by the City Council via Resolution No. 22-050 following a public hearing on June 7, 2022; and WHEREAS, the newly adopted Regional Drainage Fee completely replaced and supplanted the 1460 Fee effective January 1, 2023; and
WHEREAS, although Resolution No. 22-050 superseded and suspended collection of the 1460 Fee effective as of December 31, 2022, Ordinance No. 1460 must formally be repealed to eliminate future uncertainty.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals.

The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.
2 1
3 4
6 1
Section 2. Repeal of Victorville Ordinance No. 1460.

City of Victorville Ordinance No. 1460 is hereby repealed in its entirety.

Section 3. Repeal of Conflicting Provisions.

All the provisions of the Victorville Municipal Code heretofore adopted by the City Council of the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed as of the effective date hereof.

Section 4. Severability.

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

Section 5. CEQA Exemption.

The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is a governmental, organizational, or administrative activity (the repeal of an outdated fee) that will not result in direct or indirect changes in the environment and therefore is not a “project”.

Section 6. Ordinance Not to be Codified.

This Ordinance shall not be codified.

Section 7. Effective Date.

This Ordinance shall take effect thirty (30) days after its final passage.

Section 8. Certification.

The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.

Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: May 16, 2023
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Commercial Demand Schedule No. 21
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 21 in the amount of $8,690,791.13, covering Electronic Fund Transfers No. 334495 through 334731 and Warrant No. 790143 through 790360 for 04/20/2023 through 05/04/2023 and Wire Transfers dated 04/26/2023, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.

Fiscal Impact:

The total fiscal impact for FY22-23 in the amount of $8,690,791.13 is authorized with this action. The attached report details the total funds paid to vendors.

Background:

Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.

Attachments: A. Commercial Demand Schedule No. 21 Check Register Summary ATTACHMENT A:

Commercial Demand Schedule No. 21 Check Register Summary

CITY OF VICTORVILLE
Report generated: 05/04/2023 08:12 Page 1User:

Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
334495 04/26/2023 EFT 001646 ALLSTAR FIRE EQUIPMENT 129,374.44 334496 04/26/2023 EFT 000144 AMERICAN GREEN DEVELOPERS 448.48 334497 04/26/2023 EFT 018562 BEST POWER EQUIPMENT, LLC 122.81 334498 04/26/2023 EFT 000297 BECK OIL, INC. 62,091.94
334499 04/26/2023 EFT 015877 BOOT BARN, INC. 241.41
334500 04/26/2023 EFT 003245 CALIFORNIA DEPARTMENT OF 920.00 334501 04/26/2023 EFT 002720 CALIFORNIA TOOL & WELDING 52.10 334502 04/26/2023 EFT 014820 CAL-STATE AUTO PARTS 2,193.67 334503 04/26/2023 EFT 016335 CHARTER COMMUNICATION HOL 2,375.00 334504 04/26/2023 EFT 015486 CONSOLIDATED ELECTRICAL D 3,892.74 334505 04/26/2023 EFT 007554 DAVIS, JOSHUA 269.43
334506 04/26/2023 EFT 012505 DESERT ENVIRONMENTAL SERV 185.00 334507 04/26/2023 EFT 000760 DESERT SERVICE STATION MA 2,279.13 334508 04/26/2023 EFT 022345 DIAMOND ENVIRONMENTAL SER 388.06 334509 04/26/2023 EFT 000826 DUNN-EDWARDS CORPORATION 107.44 334510 04/26/2023 EFT 009691 BOB FAMILY ENTERPRISES, I 290.93 334511 04/26/2023 EFT 015760 FASTENAL COMPANY 12.55
334512 04/26/2023 EFT 017560 WOLSELEY INVESTMENTS, INC 277.51 334513 04/26/2023 EFT 016263 AFECO, INC 425.73
334514 04/26/2023 EFT 011206 FLYERS ENERGY LLC 2,578.76 334515 04/26/2023 EFT 010167 ARTCRAFT GROUP, INC. 1,130.28 334516 04/26/2023 EFT 000975 FRANKLIN TRUCK PARTS, INC 567.47 334517 04/26/2023 EFT 016134 FRONTIER COMMUNICATIONS C 143.38 334518 04/26/2023 EFT 003960 CENGAGE LEARNING, INC. 165.34 334519 04/26/2023 EFT 001015 GALLS PARENT HOLDINGS, LL 288.76 334520 04/26/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 933.36 334521 04/26/2023 EFT 018175 GENERAL PUMP COMPANY, INC 740.00 334522 04/26/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 6,852.47 334523 04/26/2023 EFT 016385 GRAFXOLUTION INC 163.13
334524 04/26/2023 EFT 001076 GRAINGER 2,866.11
334525 04/26/2023 EFT 006269 GREEN, DE BORTNOWSKY, LLP 64,044.42 334526 04/26/2023 EFT 021256 GRIFFITH, CARLENE M. 405.00 334527 04/26/2023 EFT 001104 HAAKER EQUIPMENT CO. 1,615.36 334528 04/26/2023 EFT 016773 ID EDGE, INC. 706.88
334529 04/26/2023 EFT 021594 HERITAGE LANDSCAPE SUPPLY 1,765.55 334530 04/26/2023 EFT 018048 INDUSTRIAL CLERICAL RECRU 5,349.10 334531 04/26/2023 EFT 024922 INFOSEND, INC 10,201.99
334532 04/26/2023 EFT 000094 KIMBALL MIDWEST 227.84
334533 04/26/2023 EFT 001592 MOBILE OCCUPATIONAL SERVI 530.00 334534 04/26/2023 EFT 019967 MOJAVE AUTO COLLISION 28,843.39 334535 04/26/2023 EFT 016352 MONTGOMERY, ROGER 200.00
334536 04/26/2023 EFT 016376 SHEPARD, MARSHALL 12,525.00 334537 04/26/2023 EFT 001696 NIXON-EGLI EQUIPMENT COMP 3,179.58 334538 04/26/2023 EFT 009644 NORTHERN SAFETY COMPANY I 917.99 334539 04/26/2023 EFT 028213 O'REILLY AUTO PARTS 7.51
334540 04/26/2023 EFT 001789 PARKHOUSE TIRE, INC. 1,485.35 334541 04/26/2023 EFT 021374 PENCCO, INC 6,348.28
334542 04/26/2023 EFT 025260 PENWORTHY COMPANY, THE 358.52 334543 04/26/2023 EFT 013165 PETE'S ROAD SERVICE 625.01 334544 04/26/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 445.58 334545 04/26/2023 EFT 016281 REA'S AUTOMOTIVE INC. 7,927.75 334546 04/26/2023 EFT 024930 REFRIGERATION SUPPLIES DI 342.02

CITY OF VICTORVILLE
Report generated: 05/04/2023 08:12 Page 2User:

Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
334547 04/26/2023 EFT 019810 ROCK'N OUR DISABILITIES F 5,370.91 334548 04/26/2023 EFT 001988 ROSENOW SPEVACEK GROUP 2,787.50 334549 04/26/2023 EFT 002017 SAFEWAY SIGN CO. 8,698.64
334550 04/26/2023 EFT 002063 SBC FIRE DEPARTMENT 2,274.00 334551 04/26/2023 EFT 002123 SHERWIN WILLIAMS COMPANY 1,494.54 334552 04/26/2023 EFT 020203 SKANSKA USA CIVIL WEST CA 1,056,199.46 334553 04/26/2023 EFT 001153 DS SERVICES OF AMERICA, I 492.76 334554 04/26/2023 EFT 018962 THATTE, SUBODH 850.00
334555 04/26/2023 EFT 008100 SWARCO MCCAIN, INC. 375.19 334556 04/26/2023 EFT 018368 TARGETSOLUTIONS LEARNING, 6,143.53 334557 04/26/2023 EFT 017269 TOWN & COUNTRY TIRE INC 600.68 334558 04/26/2023 EFT 027532 TRL SYSTEMS, INC. 340.00
334559 04/26/2023 EFT 028349 TYLER TECHNOLOGIES, INC. 4,023.75 334560 04/26/2023 EFT 001169 AUTO PARTS DIRECT LLC 480.27 334561 04/26/2023 EFT 002419 UNDERGROUND SERVICE ALERT 111.50 334562 04/26/2023 EFT 021895 HD SUPPLY, INC. 260.42
334563 04/26/2023 EFT 015004 U.S. DEPARTMENT OF ENERGY 8,581.82 334564 04/26/2023 EFT 008430 CALMAT COMPANY 509.36
334565 04/26/2023 EFT 002862 V.V. TOW, INC. 406.00
334566 04/26/2023 EFT 002498 VICTOR VALLEY WASTEWATER 1,358.46 334567 04/26/2023 EFT 002554 WAXIE SANITARY SUPPLY 1,808.84 334568 04/26/2023 EFT 007786 WILLIAMS, MONIQUE 2,515.80 334569 04/26/2023 EFT 020544 WORLD BOOK, INC. 1,494.34
334570 04/26/2023 EFT 018845 Z GLOBAL INC. 172,425.91
334571 04/26/2023 EFT 005004 ABREGO, RODOLFO RUDY 480.31 334572 04/26/2023 EFT 014212 ALDERETE, EVONIA 367.17
334573 04/26/2023 EFT 011930 ANDERSON, PAMELA K 353.71
334574 04/26/2023 EFT 019717 ARROYO, JOANN 185.31
334575 04/26/2023 EFT 022271 ASHTON, STEVE 847.15
334576 04/26/2023 EFT 004941 BATES, CAROLEE 546.09
334577 04/26/2023 EFT 003638 BECERRA, ELIZABETH 669.62
334578 04/26/2023 EFT 012054 BECKER, JOHN R 212.62
334579 04/26/2023 EFT 014654 BEVILACQUA, ANTHONY 847.15 334580 04/26/2023 EFT 011916 BIER, MICHAEL 334.35
334581 04/26/2023 EFT 018689 BORROWMAN, STEVEN H. 670.95 334582 04/26/2023 EFT 012066 BROWN, MARTY R 367.17
334583 04/26/2023 EFT 012044 BURCHAK, GLORIA J 330.83
334584 04/26/2023 EFT 012056 CALDWELL, TERRY E 212.62
334585 04/26/2023 EFT 001114 CAMELI-STEVENS, LORAINE 135.41 334586 04/26/2023 EFT 003218 CARBAJAL, STEVEN 649.10
334587 04/26/2023 EFT 025314 CASTRO, MELISSA 701.79
334588 04/26/2023 EFT 003645 CATHCART, MICHAEL 547.89
334589 04/26/2023 EFT 008111 COLLINS, KEVIN 457.43
334590 04/26/2023 EFT 011935 COSTELLO, JOSE 87.54
334591 04/26/2023 EFT 011934 COX, JAMES L 295.12
334592 04/26/2023 EFT 012051 COX, JOHN STEVEN 64.60
334593 04/26/2023 EFT 012064 COY, MICHAEL 107.62
334594 04/26/2023 EFT 012069 DEZWART, AMY LYN 330.83
334595 04/26/2023 EFT 006095 DIAZ, JANET 454.91
334596 04/26/2023 EFT 019734 DORAN, WILLIAM J. III 287.34 334597 04/26/2023 EFT 009544 FALZONE, RICHARD 83.58
334598 04/26/2023 EFT 012046 FITZSIMMONS, RALPH L 52.16

CITY OF VICTORVILLE
Report generated: 05/04/2023 08:12 Page 3User:

Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
334599 04/26/2023 EFT 012062 FLORES, CYNTHIA D 324.47
334600 04/26/2023 EFT 004773 FLORES, JOSEPH P. 110.41
334601 04/26/2023 EFT 011940 GARCIA, VINCENT J 649.75
334602 04/26/2023 EFT 011909 GARLAND, SHEILA D 174.78
334603 04/26/2023 EFT 012063 HARBOUR, RAYMOND LEE 822.47 334604 04/26/2023 EFT 015665 HELDRETH, GREGORY 847.15
334605 04/26/2023 EFT 012052 HINOJOS, JANICE A 246.83
334606 04/26/2023 EFT 011677 HOLLAND, KELLEY 252.42
334607 04/26/2023 EFT 012050 JARRETT, JENNIE L 330.83
334608 04/26/2023 EFT 022215 KARRES, RONALD J. 291.65
334609 04/26/2023 EFT 012049 KUHLMANN, EULEMA 96.99
334610 04/26/2023 EFT 029000 LACEY, MICHAEL P. 54.22
334611 04/26/2023 EFT 014183 LAURIE, BERNEE 162.74
334612 04/26/2023 EFT 012061 LAWSON, JAMES 529.31
334613 04/26/2023 EFT 012047 LEEF, DAVID 212.62
334614 04/26/2023 EFT 009048 LUDWIG, TRACY 499.67
334615 04/26/2023 EFT 019051 LUTHER, KARLA 252.42
334616 04/26/2023 EFT 012060 MADDOX, JONNIE F 367.17
334617 04/26/2023 EFT 011919 MARTINEZ, BASILIO 847.15
334618 04/26/2023 EFT 019440 MCCORMICK, DONNA 688.33
334619 04/26/2023 EFT 014184 MCGINN, JOHN 565.07
334620 04/26/2023 EFT 011918 MCGLADE, JOHN A 206.19
334621 04/26/2023 EFT 004588 MCGOWAN, CHERYL 216.94
334622 04/26/2023 EFT 003603 MCMURTRY, DANIEL 643.05
334623 04/26/2023 EFT 011913 MILLENDER, FRANCENE J 513.13 334624 04/26/2023 EFT 004745 MILLER, BRUCE 88.78
334625 04/26/2023 EFT 011917 MORSE, RENEE 353.71
334626 04/26/2023 EFT 012070 MOSHER, ADELE 85.11
334627 04/26/2023 EFT 012426 MULLINS, DENNIS M. 222.65
334628 04/26/2023 EFT 012065 NEWELL, CAROLYN 787.19
334629 04/26/2023 EFT 003200 O'DELL, DARRELL 530.51
334630 04/26/2023 EFT 013672 OGILVIE-HARPER, MARQUITA 242.63 334631 04/26/2023 EFT 012697 OROS, DWAYNE E. 701.79
334632 04/26/2023 EFT 012057 PATTERSON, ADAIR MARIE 353.71 334633 04/26/2023 EFT 011914 PETERSON, ROGER 147.73
334634 04/26/2023 EFT 022185 PIEPER, WADE 701.79
334635 04/26/2023 EFT 020717 PRUEITT, CORINNE 689.70
334636 04/26/2023 EFT 020716 PRUEITT, DAVID 689.70
334637 04/26/2023 EFT 011910 RAMIREZ, DIANA M 20.37
334638 04/26/2023 EFT 018894 RANDALL, DAVID L. 547.24
334639 04/26/2023 EFT 011920 RANKIN, SHARON 267.81
334640 04/26/2023 EFT 013209 RANKIN, TIMOTHY 571.03
334641 04/26/2023 EFT 020907 RODRIGUEZ, ANGELA 265.73
334642 04/26/2023 EFT 014496 RODRIGUEZ, LOUIE 643.05
334643 04/26/2023 EFT 017345 RUSSO, MARILEE 383.69
334644 04/26/2023 EFT 003583 RUSSO, VINCE 190.12
334645 04/26/2023 EFT 014493 SALAS, GLENN 266.06
334646 04/26/2023 EFT 012045 SALBERG, RAYMOND A 237.99
334647 04/26/2023 EFT 011929 SALINAS SR., XAVIER S 174.78 334648 04/26/2023 EFT 017488 SCHROEDER, KAY D. 295.12
334649 04/26/2023 EFT 014082 SMITH, ARNOLD 88.78
334650 04/26/2023 EFT 011931 SONGER FAMILY SURVIVAL TR 367.17

CITY OF VICTORVILLE
Report generated: 05/04/2023 08:12 Page 4User:

Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
334651 04/26/2023 EFT 024654 SPARKS, DAVID J. 665.56
334652 04/26/2023 EFT 005559 ST. LOUIS, LINDA 847.15
334653 04/26/2023 EFT 018887 STONESIFER, ROBERT 96.99
334654 04/26/2023 EFT 021852 STONESIFER, BARRY 230.40
334655 04/26/2023 EFT 012949 STRATTON, DANIEL 159.59
334656 04/26/2023 EFT 017153 SZARZYNSKI, MICHAEL J. 441.57 334657 04/26/2023 EFT 021025 TAYLOR, SHARON 649.75
334658 04/26/2023 EFT 012078 THOMASSON, PHILLIP 488.97
334659 04/26/2023 EFT 014806 WASSERMAN, REBECCA A 75.85 334660 04/26/2023 EFT 019160 WEAVER, STUART 701.79
334661 04/26/2023 EFT 013671 WEBB, WILLIAM C 344.46
334662 04/26/2023 EFT 011915 WHITE, JAMES M 367.17
334663 04/26/2023 EFT 011924 WILSON, BOBBY G 214.01
334664 04/26/2023 EFT 012048 WILSON, HELEN E 460.44
334665 04/26/2023 EFT 012958 WOLTERS, MARCELLA 420.01
334666 04/26/2023 EFT 012059 ZIZZI, WARREN J 632.64
334667 05/03/2023 EFT 016204 4LEAF, INC. 21,451.65
334669 05/03/2023 EFT 019621 AGA ENGINEERS, INC. 11,332.14 334670 05/03/2023 EFT 014305 ALBERT A .WEBB ASSOCIATES 26,920.00 334671 05/03/2023 EFT 000144 AMERICAN GREEN DEVELOPERS 14,906.00 334672 05/03/2023 EFT 018562 BEST POWER EQUIPMENT, LLC 280.72 334673 05/03/2023 EFT 019580 ASTRUM UTILITY SERVICES 16,100.00 334674 05/03/2023 EFT 000205 ATLAS COPCO USA HOLDINGS 6,865.75 334675 05/03/2023 EFT 014614 AUTOMATED GATE SERVICES, 822.75 334676 05/03/2023 EFT 003638 BECERRA, ELIZABETH 154.44
334677 05/03/2023 EFT 000297 BECK OIL, INC. 5,721.39
334678 05/03/2023 EFT 000857 CALIFORNIA SURVEYING & DR 15,822.93 334679 05/03/2023 EFT 002935 CALIFORNIA WATERSHED ENGI 4,477.50 334680 05/03/2023 EFT 014820 CAL-STATE AUTO PARTS 41.78 334681 05/03/2023 EFT 028287 CASTELLON, STEPHANIE 50.00 334682 05/03/2023 EFT 015486 CONSOLIDATED ELECTRICAL D 5,120.34 334683 05/03/2023 EFT 000700 CUTTING EDGE SUPPLY CO. 284.11 334684 05/03/2023 EFT 000743 DELL MARKETING L.P. 11,937.54 334685 05/03/2023 EFT 010282 DELTA DENTAL INSURANCE CO 3,814.13 334686 05/03/2023 EFT 009492 DELTA DENTAL OF CALIFORNI 32,688.01 334687 05/03/2023 EFT 022345 DIAMOND ENVIRONMENTAL SER 1,308.84 334688 05/03/2023 EFT 012800 DKF SOLUTIONS GROUP, LLC 1,369.00 334689 05/03/2023 EFT 000826 DUNN-EDWARDS CORPORATION 16.29 334690 05/03/2023 EFT 015760 FASTENAL COMPANY 117.12
334691 05/03/2023 EFT 017560 FERGUSON WATERWORKS 24,313.08 334692 05/03/2023 EFT 016263 AFECO, INC 411.94
334693 05/03/2023 EFT 000975 FRANKLIN TRUCK PARTS, INC 97.19 334694 05/03/2023 EFT 016134 FRONTIER COMMUNICATIONS C 2,029.01 334695 05/03/2023 EFT 003960 CENGAGE LEARNING, INC. 1,389.82 334696 05/03/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 719.49 334697 05/03/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 4,841.89 334698 05/03/2023 EFT 006269 GREEN, DE BORTNOWSKY, LLP 13,000.00 334699 05/03/2023 EFT 025408 THE HARTFORD - PRIORITY A 821.96 334700 05/03/2023 EFT 028225 HESPERIA OUTDOOR POWER EQ 241.90 334701 05/03/2023 EFT 014969 LOS ANGELES TRUCK, LLC 128.21 334702 05/03/2023 EFT 021594 HERITAGE LANDSCAPE SUPPLY 723.52 334703 05/03/2023 EFT 001282 INLAND KENWORTH, INC. 191.61

CITY OF VICTORVILLE
Report generated: 05/04/2023 08:12 Page 5User:

Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
334704 05/03/2023 EFT 016775 INTERWEST CONSULTING GROU 6,225.03 334705 05/03/2023 EFT 010101 LECTORUM PUBLICATIONS, IN 1,506.79 334706 05/03/2023 EFT 004986 LESLIE'S SWIMMING POOL SU 211.51 334707 05/03/2023 EFT 022000 MOJAVE RESOURCE MANAGEMEN 5,554.96 334708 05/03/2023 EFT 016352 MONTGOMERY, ROGER 200.00
334709 05/03/2023 EFT 028462 NINYO & MOORE GEOTECHNICA 14,179.11 334710 05/03/2023 EFT 028213 O'REILLY AUTO PARTS 59.79
334711 05/03/2023 EFT 018519 PARSONS TRANSPORTATION GR 171,823.24 334712 05/03/2023 EFT 013165 PETE'S ROAD SERVICE 4,151.46 334713 05/03/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 385.88 334714 05/03/2023 EFT 018886 RDO EQUIPMENT CO. 498.80
334715 05/03/2023 EFT 012308 ROADPOST USA ,INC. 133.90
334716 05/03/2023 EFT 017252 SDC ENGINEERING, INC 600.32 334717 05/03/2023 EFT 021434 SOUTH COAST, LLC 2,446.64
334718 05/03/2023 EFT 002252 STOVER SEED COMPANY 1,604.07 334719 05/03/2023 EFT 022430 THALES CONSULTING, INC. 5,400.00 334720 05/03/2023 EFT 017269 TOWN & COUNTRY TIRE INC 40.00 334721 05/03/2023 EFT 020979 TR DESIGN GROUP, INC. 7,926.25 334722 05/03/2023 EFT 002419 UNDERGROUND SERVICE ALERT 1,863.30 334723 05/03/2023 EFT 021895 HD SUPPLY, INC. 2,350.37
334724 05/03/2023 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 66.50 334725 05/03/2023 EFT 011361 WALTERS WHOLESALE ELECTRI 6.95 334726 05/03/2023 EFT 006861 WATER SYSTEMS CONSULTING, 10,468.75 334727 05/03/2023 EFT 002554 WAXIE SANITARY SUPPLY 2,425.93 334728 05/03/2023 EFT 005698 WEST COAST ARBORISTS INC. 848.70 334729 05/03/2023 EFT 010274 HD SUPPLY CONSTRUCTION SU 282.75 334730 05/03/2023 EFT 021844 WILLDAN FINANCIAL SERVICE 296.97 334731 05/03/2023 EFT 018845 Z GLOBAL INC. 26,987.27
790143 04/26/2023 PRINTED 002336 3M 8,173.46
790144 04/26/2023 PRINTED 018995 AIR EXCHANGE, INC. 1,602.99 790145 04/26/2023 PRINTED 006716 AIRGAS USA, LLC 165.90 790146 04/26/2023 PRINTED 014878 ALLTECH INDUSTRIES, INC 43,993.30 790147 04/26/2023 PRINTED 005384 AMERON POLE PRODUCTS 28,796.10 790148 04/26/2023 PRINTED 022047 ANSELM, RICHARD 86.18
790149 04/26/2023 PRINTED 000174 APEX RENTAL 38.41
790150 04/26/2023 PRINTED 000191 APPLIED INDUSTRIAL TECH 323.81 790151 04/26/2023 PRINTED 017680 AUTOZONE, INC. 195.74
790152 04/26/2023 PRINTED 017968 AVCOM SERVICES, INC. 244.00 790153 04/26/2023 PRINTED 000290 BATTERY MART OF APPLE VAL 190.38 790154 04/26/2023 PRINTED 022046 BELLAMY, MELYSSA 30.00 790155 04/26/2023 PRINTED 019571 MJ AUTO GLASS INC. 1,656.17 790156 04/26/2023 PRINTED 013997 BROWN, JENNIFER 10,520.00 790157 04/26/2023 PRINTED 000256 BSN SPORTS, INC. 1,176.19 790158 04/26/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 822.80 790159 04/26/2023 PRINTED 017562 STATE OF CALIFORNIA DEPT. 675.00 790160 04/26/2023 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 84.42 790161 04/26/2023 PRINTED 000618 CDW GOVERNMENT, INC. 4,495.20 790162 04/26/2023 PRINTED 007258 COMMONWEALTH LAND TITLE C 750.00 790163 04/26/2023 PRINTED 014721 CORE & MAIN LP 846.92
790164 04/26/2023 PRINTED 018933 CUMMINS, INC. 1,652.58 790165 04/26/2023 PRINTED 020448 D'ALESIO, DEAN 29.23
790166 04/26/2023 PRINTED 006348 DAILY JOURNAL CORPORATION 180.91

CITY OF VICTORVILLE
Report generated: 05/04/2023 08:12 Page 6User:

Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
790167 04/26/2023 PRINTED 010687 HONG, JAMES 2,095.20
790168 04/26/2023 PRINTED 000764 DESERT TRUCK SUPPLY 301.46 790169 04/26/2023 PRINTED 020623 DIVERSIFIED GLASS, INC. 2,495.00 790170 04/26/2023 PRINTED 018020 DIXON PEST CONTROL, INC. 532.00 790171 04/26/2023 PRINTED 000133 DMC-DOCUMENT & MIRCROFILM 1,133.96 790172 04/26/2023 PRINTED 021663 DUDEK 12,532.50
790173 04/26/2023 PRINTED 019981 EARTH, REINFORCED 411.04 790174 04/26/2023 PRINTED 019981 EARTH, REINFORCED 605.47 790175 04/26/2023 PRINTED 018079 ENRIQUEZ, GUY 55.22
790176 04/26/2023 PRINTED 018079 ENRIQUEZ, GUY 79.44
790177 04/26/2023 PRINTED 020847 ERKSKINE, CASANDRA 153.99 790178 04/26/2023 PRINTED 004581 FLEETPRIDE 1,133.37
790179 04/26/2023 PRINTED 011371 GARDA CL NORTHWEST, INC. 126.68 790180 04/26/2023 PRINTED 021440 GATEHOUSE MEDIA CALIFORNI 1,796.50 790181 04/26/2023 PRINTED 020022 THE GREATER HIGH DESERT C 90.00 790182 04/26/2023 PRINTED 999980 CSEA 200.00
790183 04/26/2023 PRINTED 017053 HIGH DESERT LOCK & SAFE, 73.98 790184 04/26/2023 PRINTED 015499 HIGH DESERT MOUNTAIN WATE 420.00 790185 04/26/2023 PRINTED 011822 HELENDALE COMMUNITY SERVI 391,046.40 790186 04/26/2023 PRINTED 021441 HENRY SCHEIN, INC. 34.54 790187 04/26/2023 PRINTED 001155 HESPERIA HOSE SUPPLY 529.53 790188 04/26/2023 PRINTED 019038 INLAND LIBRARY SYSTEM 1,399.00 790189 04/26/2023 PRINTED 014600 ITERIS 48,668.34
790190 04/26/2023 PRINTED 021168 JENNINGS, EUGENE CLAYTON 1,850.00 790191 04/26/2023 PRINTED 011817 JESS RANCH WATER COMPANY 1,603,248.00 790192 04/26/2023 PRINTED 021863 JOHNSON FLOORING, INC. 28,808.75 790193 04/26/2023 PRINTED 021044 JOHNSON, PAUL H. 5,260.00 790194 04/26/2023 PRINTED 022048 CJAM LLC 110.00
790195 04/26/2023 PRINTED 021564 KAWASAKI, DAISY 144.57 790196 04/26/2023 PRINTED 021689 THINKNETIC MEDICAL CORPOR 1,850.00 790197 04/26/2023 PRINTED 018875 KONICA MINOLTA BUSINESS S 1,583.39 790198 04/26/2023 PRINTED 016932 OMEGA FIRE, INC. 177.71 790199 04/26/2023 PRINTED 015810 KURTH, ROBERT 100.48
790200 04/26/2023 PRINTED 999984 LAROSE, CANDIDA 200.00 790201 04/26/2023 PRINTED 022045 LAING, GARED 31.58
790202 04/26/2023 PRINTED 011805 LAWSON, BARBARA 2,104.00 790203 04/26/2023 PRINTED 015232 LOGICALIS, INC 5,500.00 790204 04/26/2023 PRINTED 021161 CAR WASH PARTNERS, INC. 534.00 790205 04/26/2023 PRINTED 021195 MYTHICS, INC. 2,429.84 790206 04/26/2023 PRINTED 001648 NAPA AUTO PARTS 1,966.86 790207 04/26/2023 PRINTED 022064 NAVAJO MUTUAL WATER COMPA 23,625.00 790208 04/26/2023 PRINTED 017652 NETFILE, INC 8,000.00
790209 04/26/2023 PRINTED 015261 ORRICK, HERRINGTON & SUTC 4,360.50 790210 04/26/2023 PRINTED 018455 OWENBY, MATTHEW PAUL 144.00 790211 04/26/2023 PRINTED 010657 PACIFIC PRODUCTS & SERVIC 342.05 790212 04/26/2023 PRINTED 009423 PAK RE FUND VII LLC 104.66 790213 04/26/2023 PRINTED 008574 PEREZ, HECTOR 120.00
790214 04/26/2023 PRINTED 021198 PRISTINE UNIFORMS 1,034.37 790215 04/26/2023 PRINTED 014355 QUINN COMPANY 786.57
790216 04/26/2023 PRINTED 010689 RED HELMET TRAINING 320.00 790217 04/26/2023 PRINTED 011803 RIM PROPERTIES 2,630.00 790218 04/26/2023 PRINTED 021758 ROBERT HALF INTERNATIONAL 18,900.00

CITY OF VICTORVILLE
Report generated: 05/04/2023 08:12 Page 7User:

Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
790219 04/26/2023 PRINTED 003150 ROBERTSON'S 1,562.09
790220 04/26/2023 PRINTED 002746 ROTO ROOTER PLUMBERS 5,286.00 790221 04/26/2023 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 1,813.30 790222 04/26/2023 PRINTED 010544 SANDLER, TRAVIS, AND ROSE 450.00 790223 04/26/2023 PRINTED 002037 SAN BERNARDINO COUNTY 29.00 790224 04/26/2023 PRINTED 002037 SAN BERNARDINO COUNTY 720.00 790225 04/26/2023 PRINTED 002037 SAN BERNARDINO COUNTY REG 17,000.00 790226 04/26/2023 PRINTED 018884 FIRST STREET PARENT, INC. 501.91 790227 04/26/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 12,745.81 790228 04/26/2023 PRINTED 024609 STAPLES BUSINESS ADVANTAG 366.64 790229 04/26/2023 PRINTED 017669 SUDMEIER, GLENN W. 5,260.00 790230 04/26/2023 PRINTED 002269 SUNLAND FORD 1,702.54
790231 04/26/2023 PRINTED 021853 THOMAS LAND CLEARING COMP 5,689.35 790232 04/26/2023 PRINTED 013999 THRASHER, GARY 107,830.00 790233 04/26/2023 PRINTED 015430 TRI-PACIFIC SUPPLY, INC. 2,211.80 790234 04/26/2023 PRINTED 014914 ULINE SHIPPING SUPPLY SPE 2,266.32 790235 04/26/2023 PRINTED 013359 VALLEY POWER SYSTEMS, INC 214.81 790236 04/26/2023 PRINTED 002486 VICTOR VALLEY UNION HIGH 7,303.52 790237 04/26/2023 PRINTED 013928 WAGNER LIVING TRUST 354,524.00 790238 04/26/2023 PRINTED 000331 WEBB, SCOTT 108.60
790239 04/26/2023 PRINTED 011802 WEST, JIMMIE R 2,630.00 790240 04/26/2023 PRINTED 020344 SIEMENS MOBILITY, INC. 2,143.50 790241 04/26/2023 PRINTED 021410 ALERT-ALL CORPORATION 587.25 790242 04/26/2023 PRINTED 022099 ARMSTRONG, CYRIL 228.74 790243 04/26/2023 PRINTED 011794 BRECKENRIDGE PROPERTY FUN 45.41 790244 04/26/2023 PRINTED 014347 BRIDGEWATER EQUIPMENT 397.17 790245 04/26/2023 PRINTED 022078 BROWNELL, BROOK O 120.00 790246 04/26/2023 PRINTED 022116 CAPORUSCIO, THOMAS SR 46.43 790247 04/26/2023 PRINTED 022113 CENTURY 21 KING 46.43
790248 04/26/2023 PRINTED 022110 COLEMAN, JONATHAN 11.26 790249 04/26/2023 PRINTED 022118 DE LA CRUZ, RAMON A & SAN 45.41 790250 04/26/2023 PRINTED 005006 EQUITY MANAGEMENT LLC 42.91 790251 04/26/2023 PRINTED 022027 FERROSAFE, LLC 346.85
790252 04/26/2023 PRINTED 022119 FIRST AMERICAN TITLE CO 286.34 790253 04/26/2023 PRINTED 022020 HOANG, HANK WONG 35.29 790254 04/26/2023 PRINTED 006152 HSIAO MING, CHEN 110.14 790255 04/26/2023 PRINTED 001818 JI JUA CAO 41.28
790256 04/26/2023 PRINTED 022100 JIMENEZ, GEORGE 52.77
790257 04/26/2023 PRINTED 021484 JONES-LEWIS, D MICHELLE 120.00 790258 04/26/2023 PRINTED 022101 JOSEPH RAMSEY FAMILY TRUS 73.57 790259 04/26/2023 PRINTED 022105 KELM, THOMAS F 116.94
790260 04/26/2023 PRINTED 010942 LAU, EDWARD C 252.25
790261 04/26/2023 PRINTED 022106 LOVE, TANESHA 12.28
790262 04/26/2023 PRINTED 007079 MAKKAR, JOHN 87.05
790263 04/26/2023 PRINTED 004571 MEEI HO, LUI 46.07
790264 04/26/2023 PRINTED 021309 MUNOZ, HECTOR J. 100.47 790265 04/26/2023 PRINTED 022107 NGUYEN, LIEN 43.37
790266 04/26/2023 PRINTED 021043 OPENDOOR PROPERTY TRUST I 11.07 790267 04/26/2023 PRINTED 018382 OPT VICTOR PLAZA 115.98 790268 04/26/2023 PRINTED 022112 PACIFIC COMMUNITIES 689.88 790269 04/26/2023 PRINTED 022102 QUICK N CLEAN 35 LLC 20.02 790270 04/26/2023 PRINTED 022085 REO WEALTH INC. 95.82

CITY OF VICTORVILLE
Report generated: 05/04/2023 08:12 Page 8User:

Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
790271 04/26/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 75.61 790272 04/26/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 120.00 790273 04/26/2023 PRINTED 022103 ROSS, MELISSA ANN 11.26 790274 04/26/2023 PRINTED 022115 SIN, SOMPHEA 90.72
790275 04/26/2023 PRINTED 022109 ST MARIE FAMILY REVOCABLE 46.43 790276 04/26/2023 PRINTED 022114 STEPHENS, GEORGE 63.16 790277 04/26/2023 PRINTED 022111 TAYLOR, CHRISTINE 25.17 790278 04/26/2023 PRINTED 022117 THE FISHEL CO 810.99
790279 04/26/2023 PRINTED 022108 WOJONO, JOE 45.41
790280 05/03/2023 PRINTED 010036 ADAPT CONSULTING, INC. 1,355.50 790281 05/03/2023 PRINTED 018995 AIR EXCHANGE, INC. 567.00 790282 05/03/2023 PRINTED 006716 AIRGAS USA, LLC 102.77 790283 05/03/2023 PRINTED 014878 ALLTECH INDUSTRIES, INC 357.76 790284 05/03/2023 PRINTED 022097 AMAZON CAPITAL SERVICES, 2,525.10 790285 05/03/2023 PRINTED 000174 APEX RENTAL 38.41
790286 05/03/2023 PRINTED 000290 BATTERY MART OF APPLE VAL 913.36 790287 05/03/2023 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 10,033.89 790288 05/03/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 1,272.16 790289 05/03/2023 PRINTED 999975 COMMUNITY HEALTH ACTION N 160.00 790290 05/03/2023 PRINTED 016222 CACEO 1,000.00
790291 05/03/2023 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 149.68 790292 05/03/2023 PRINTED 014359 CIVILTEC ENGINEERING, INC 641.60 790293 05/03/2023 PRINTED 021660 COMPUTERIZED EMBROIDERY C 126.86 790294 05/03/2023 PRINTED 014721 CORE & MAIN LP 2,863.72 790295 05/03/2023 PRINTED 010314 DAVID EVANS AND ASSOCIATE 9,628.38 790296 05/03/2023 PRINTED 018020 DIXON PEST CONTROL, INC. 231.00 790297 05/03/2023 PRINTED 014122 EUROFINS EATON ANALYTICAL 4,920.00 790298 05/03/2023 PRINTED 999978 FARIAS, JENNIFER 50.00 790299 05/03/2023 PRINTED 020466 FIREWORKS & STAGE FX AMER 19,250.00 790300 05/03/2023 PRINTED 021440 GATEHOUSE MEDIA CALIFORNI 287.90 790301 05/03/2023 PRINTED 011740 GUZMAN, HECTOR 92.60
790302 05/03/2023 PRINTED 025408 THE HARTFORD - PRIORITY A 49,682.24 790303 05/03/2023 PRINTED 021441 HENRY SCHEIN, INC. 1,730.44 790304 05/03/2023 PRINTED 001155 HESPERIA HOSE SUPPLY 962.21 790305 05/03/2023 PRINTED 004021 HIGH DESERT LASER GRAPHIC 342.56 790306 05/03/2023 PRINTED 021377 HOLLY, BROOKE DANIELLE 504.00 790307 05/03/2023 PRINTED 021793 JONES, DEBRA 127.37
790308 05/03/2023 PRINTED 022093 KANT, BRIDGETTE 442.30 790309 05/03/2023 PRINTED 021951 LM RASMUSSEN CONSTRUCTION 96,806.66 790310 05/03/2023 PRINTED 015232 LOGICALIS, INC 84,411.21 790311 05/03/2023 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 7,088.28 790312 05/03/2023 PRINTED 020688 MARTINEZ, ANTHONY J. 1,456.14 790313 05/03/2023 PRINTED 020751 MCPHERSON, MALLORY 49.00 790314 05/03/2023 PRINTED 000118 MERCER, DONALD J. 450.00 790315 05/03/2023 PRINTED 021856 METROPOLITAN LIFE INSURAN 1,382.50 790316 05/03/2023 PRINTED 021161 CAR WASH PARTNERS, INC. 12.00 790317 05/03/2023 PRINTED 027847 MOJAVE DESERT & MTN INTEG 44,650.21 790318 05/03/2023 PRINTED 001648 NAPA AUTO PARTS 387.75 790319 05/03/2023 PRINTED 021023 NEWMAN - HARRISON, SUSAN 75.00 790320 05/03/2023 PRINTED 017104 NORIEGA, NICHOLAS 320.00 790321 05/03/2023 PRINTED 999987 ORANGE COAST TITLE COMPAN 800.00 790322 05/03/2023 PRINTED 999988 PHIPPS, TIANA 75.00

CITY OF VICTORVILLE
Report generated: 05/04/2023 08:12 Page 9User:

Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
790323 05/03/2023 PRINTED 020977 PATINO, JACOB 190.72
790324 05/03/2023 PRINTED 021110 THE PRINTERY, INC. 10,677.63 790325 05/03/2023 PRINTED 017036 RIVERS & LANDS CONSERVANC 436.13 790326 05/03/2023 PRINTED 002746 ROTO ROOTER PLUMBERS 2,883.00 790327 05/03/2023 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 561.62 790328 05/03/2023 PRINTED 999991 STREETER, JUANITA 200.00 790329 05/03/2023 PRINTED 002037 SAN BERNARDINO COUNTY 620.00 790330 05/03/2023 PRINTED 002037 SAN BERNARDINO COUNTY 85,422.00 790331 05/03/2023 PRINTED 018370 SITEONE LANDSCAPE SUPPLY 850.16 790332 05/03/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 42,514.17 790333 05/03/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 19,876.02 790334 05/03/2023 PRINTED 024609 STAPLES BUSINESS ADVANTAG 56.82 790335 05/03/2023 PRINTED 002269 SUNLAND FORD 193.61
790336 05/03/2023 PRINTED 002204 SOUTHWEST GAS CORPORATION 334,280.36 790337 05/03/2023 PRINTED 022094 TELEFLEX LIFE SCIENCES LI 2,408.00 790338 05/03/2023 PRINTED 005896 VICTOR VALLEY HAND CAR WA 97.00 790339 05/03/2023 PRINTED 000694 ZENNER PERFORMANCE METERS 2,500.00 790340 05/03/2023 PRINTED 022121 AMERICAN FAMILY LIFE ASSU 1,851.40 790341 05/03/2023 PRINTED 022123 BATUHAN, EUGENIA E 161.59 790342 05/03/2023 PRINTED 022134 CHIANG, EMILY M. 44.43 790343 05/03/2023 PRINTED 021171 DR HORTON LOS ANGELES HOL 78.45 790344 05/03/2023 PRINTED 022132 GARDNER, JONATHAN 98.57 790345 05/03/2023 PRINTED 022124 HERRERA, GEHOVANNY RAFAEL 89.84 790346 05/03/2023 PRINTED 022137 LAUTERIO, CHRISTINA 59.93 790347 05/03/2023 PRINTED 022125 MANCIOCCHI, DAMIAN 120.00 790348 05/03/2023 PRINTED 008800 MEI, YU 46.43
790349 05/03/2023 PRINTED 022136 MONARCH TITLE CO 51.41 790350 05/03/2023 PRINTED 022138 MONARCH TITLE CO 116.86 790351 05/03/2023 PRINTED 022133 NATIONAL CAPITAL ONE INVE 46.43 790352 05/03/2023 PRINTED 022126 NAVEJAS, BRAIAN 90.72
790353 05/03/2023 PRINTED 021043 OPENDOOR PROPERTY TRUST I 21.85 790354 05/03/2023 PRINTED 022024 REVELS, DONALD 41.33
790355 05/03/2023 PRINTED 022128 STRONG IN JESUS 93.94
790356 05/03/2023 PRINTED 022131 TAN, JEREMY 32.78
790357 05/03/2023 PRINTED 022139 TICOR TITLE CO 305.43
790358 05/03/2023 PRINTED 022130 VLG LLC 85.93
790359 05/03/2023 PRINTED 022135 WOODLAND EQUITES LLC 15.34 790360 05/03/2023 PRINTED 022127 ZHANG, KANG 37.80
454 CHECKS CASH ACCOUNT TOTAL 5,868,753.23 .00
Wires Initiated Through Wells Fargo Bank

DATE OF

WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF #
04/26/23 VV ELEC REV 2022A Principal and Interest payment $ 873,483.65 FED:0426I1B7032R000993 04/26/23 VV ELEC REV 2022B Principal and Interest payment $ 1,947,129.25 FED:0426I1B7031R001305 04/26/23 EMPOWER DEFFERD COMP -GRANDE $ 1,425.00 FED:0426I1B7031R001746 Total: $ 2,822,037.90
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: May 16, 2023
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 10A for Payroll Period March 17, 2023, through March 31, 2023, in the amount of $1,875,941.69 covering Check Nos. 33351 through 33366, including Vendor checks. Please note employee Check No. 33356 has a live Check and an EFT Advice. Also included are Advice Nos. 299020 and 299022 through 299513, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).

Fiscal Impact:

A total fiscal impact of $1,875,941.69 is authorized with this action. The attached report details the payments by check numbers.

Discussion:

I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.

Attachments: A. Payroll Report PPE 033123
Attachment A
Payroll Report PPE 033123
City of Victorville Council Payroll Report 04/11/2023Page 1 of 14 City of Victorville
City Council Payroll Report
Payroll Period Beginning: March 17, 2023 through March 31, 2023 Checks
Check Number Employee ID Check Date Total Net
33351 3713 04/04/2023 $2,261.87
33352 3466 04/07/2023 $718.37
33353 3551 04/07/2023 $679.14
33354 3754 04/07/2023 $2,735.59
33355 3755 04/07/2023 $1,912.23
33356 2705 04/07/2023 $1,177.56
33357 3664 04/07/2023 $300.46
33358 3576 04/07/2023 $1,087.29
33359 240 04/07/2023 $5.00
33360 787 04/07/2023 $50.00
33361 1145 04/07/2023 $75.00
33362 1182 04/07/2023 $100.00
33363 7912 04/07/2023 $500.00
33364 13491 04/07/2023 $422.31
33365 18154 04/07/2023 $175.00
33366 20821 04/07/2023 $423.00
Checks Total 12,622.82

City of Victorville Council Payroll Report 04/11/2023Page 2 of 14 Advices
Check Number Employee ID Check Date Total Net
33356 2705 04/07/2023 $2,000.00
299020 3009 03/24/2023 $18,684.48
299022 3728 03/30/2023 $1,779.62
299023 3608 04/07/2023 $2,930.84
299024 1099 04/07/2023 $761.85
299025 3243 04/07/2023 $3,845.40
299026 2115 04/07/2023 $5,071.33
299027 3142 04/07/2023 $1,654.23
299028 3640 04/07/2023 $1,823.43
299029 3297 04/07/2023 $754.67
299030 3458 04/07/2023 $402.75
299031 3229 04/07/2023 $4,373.16
299032 3283 04/07/2023 $2,472.84
299033 1064 04/07/2023 $7,071.02
299034 3467 04/07/2023 $1,953.25
299035 3727 04/07/2023 $2,037.64
299036 1706 04/07/2023 $4,440.47
299037 2395 04/07/2023 $3,488.28
299038 3700 04/07/2023 $1,829.98
299039 3747 04/07/2023 $1,890.87
299040 3625 04/07/2023 $1,420.09
299041 3684 04/07/2023 $2,196.71
299042 2624 04/07/2023 $2,439.55
299043 3745 04/07/2023 $2,489.74
299044 3043 04/07/2023 $1,976.63
299045 3031 04/07/2023 $2,779.39
299046 1748 04/07/2023 $2,818.55
299047 3638 04/07/2023 $3,498.92
299048 3561 04/07/2023 $2,351.81
299049 1903 04/07/2023 $1,735.15
299050 3616 04/07/2023 $2,279.55
299051 3630 04/07/2023 $1,909.76
299052 3527 04/07/2023 $1,834.23
299053 2682 04/07/2023 $2,186.89
299054 2627 04/07/2023 $1,969.76
299055 2366 04/07/2023 $1,798.68
299056 3750 04/07/2023 $1,974.23
299057 2594 04/07/2023 $2,824.28
299058 3730 04/07/2023 $825.84
299059 3695 04/07/2023 $1,997.83
299060 2093 04/07/2023 $1,736.48
299061 3697 04/07/2023 $4,856.04
City of Victorville Council Payroll Report 04/11/2023Page 3 of 14 Check Number Employee ID Check Date Total Net
299062 1973 04/07/2023 $2,962.90
299063 2019 04/07/2023 $2,493.21
299064 3753 04/07/2023 $2,283.30
299065 3494 04/07/2023 $2,387.21
299066 2233 04/07/2023 $2,938.82
299067 3744 04/07/2023 $1,783.45
299068 2606 04/07/2023 $2,254.88
299069 3660 04/07/2023 $1,567.09
299070 3046 04/07/2023 $2,051.42
299071 1635 04/07/2023 $4,837.05
299072 3653 04/07/2023 $2,775.20
299073 3327 04/07/2023 $2,096.64
299074 3752 04/07/2023 $2,160.56
299075 3624 04/07/2023 $1,889.35
299076 2618 04/07/2023 $1,895.78
299077 3573 04/07/2023 $1,701.90
299078 2619 04/07/2023 $2,350.57
299079 2603 04/07/2023 $1,781.16
299080 2491 04/07/2023 $2,344.94
299081 2235 04/07/2023 $2,783.21
299082 2300 04/07/2023 $3,137.50
299083 2685 04/07/2023 $1,777.27
299084 3521 04/07/2023 $2,372.90
299085 3528 04/07/2023 $2,033.84
299086 3045 04/07/2023 $2,335.89
299087 3499 04/07/2023 $2,480.01
299088 3362 04/07/2023 $2,094.43
299089 2297 04/07/2023 $1,979.66
299090 2232 04/07/2023 $2,780.33
299091 1957 04/07/2023 $2,565.11
299092 3290 04/07/2023 $2,128.72
299093 3085 04/07/2023 $2,139.95
299094 3246 04/07/2023 $3,145.95
299095 2042 04/07/2023 $3,904.95
299096 3714 04/07/2023 $1,638.17
299097 3742 04/07/2023 $1,673.60
299098 2102 04/07/2023 $1,578.72
299099 2032 04/07/2023 $3,263.54
299100 2323 04/07/2023 $3,118.65
299101 1767 04/07/2023 $2,927.57
299102 3508 04/07/2023 $2,118.06
299103 3682 04/07/2023 $3,208.81
299104 2225 04/07/2023 $4,082.98
299105 3544 04/07/2023 $2,117.09
299106 3221 04/07/2023 $2,532.07
City of Victorville Council Payroll Report 04/11/2023Page 4 of 14 Check Number Employee ID Check Date Total Net
299107 3627 04/07/2023 $2,096.73
299108 1533 04/07/2023 $2,300.28
299109 2833 04/07/2023 $2,197.35
299110 2211 04/07/2023 $4,901.37
299111 3497 04/07/2023 $1,641.39
299112 1426 04/07/2023 $1,079.44
299113 3105 04/07/2023 $1,783.10
299114 3703 04/07/2023 $2,459.02
299115 2254 04/07/2023 $3,137.47
299116 3618 04/07/2023 $1,994.27
299117 3482 04/07/2023 $1,721.99
299118 3354 04/07/2023 $3,605.90
299119 3011 04/07/2023 $4,344.09
299120 3623 04/07/2023 $1,134.05
299121 3295 04/07/2023 $1,843.99
299122 3184 04/07/2023 $3,239.58
299123 3400 04/07/2023 $2,673.31
299124 3547 04/07/2023 $1,134.05
299125 3673 04/07/2023 $1,134.05
299126 3288 04/07/2023 $1,659.00
299127 3702 04/07/2023 $1,844.80
299128 2742 04/07/2023 $2,761.35
299129 3089 04/07/2023 $2,859.18
299130 3641 04/07/2023 $1,607.06
299131 2379 04/07/2023 $1,985.51
299132 3672 04/07/2023 $1,134.05
299133 3634 04/07/2023 $2,506.49
299134 2711 04/07/2023 $3,176.23
299135 3639 04/07/2023 $1,991.36
299136 3586 04/07/2023 $1,818.52
299137 3190 04/07/2023 $2,812.41
299138 2249 04/07/2023 $5,134.48
299139 3650 04/07/2023 $1,502.03
299140 3393 04/07/2023 $1,685.72
299141 3250 04/07/2023 $1,618.24
299142 3491 04/07/2023 $1,113.32
299143 3548 04/07/2023 $1,004.97
299144 3511 04/07/2023 $1,924.02
299145 3581 04/07/2023 $2,183.49
299146 3396 04/07/2023 $2,023.36
299147 3663 04/07/2023 $1,438.46
299148 3541 04/07/2023 $2,302.94
299149 2499 04/07/2023 $3,095.22
299150 3379 04/07/2023 $2,285.35
299151 3694 04/07/2023 $2,424.82
City of Victorville Council Payroll Report 04/11/2023Page 5 of 14 Check Number Employee ID Check Date Total Net
299152 3737 04/07/2023 $1,980.70
299153 2105 04/07/2023 $4,559.05
299154 3474 04/07/2023 $2,002.55
299155 2515 04/07/2023 $2,800.23
299156 3636 04/07/2023 $2,337.26
299157 2679 04/07/2023 $2,518.78
299158 3490 04/07/2023 $2,470.62
299159 3475 04/07/2023 $2,594.99
299160 2181 04/07/2023 $2,411.58
299161 3353 04/07/2023 $2,622.00
299162 3735 04/07/2023 $3,391.43
299163 3542 04/07/2023 $2,123.73
299164 3731 04/07/2023 $2,381.63
299165 1955 04/07/2023 $2,902.46
299166 1632 04/07/2023 $2,220.57
299167 3736 04/07/2023 $2,434.63
299168 3692 04/07/2023 $2,332.10
299169 3147 04/07/2023 $2,743.14
299170 3732 04/07/2023 $2,384.13
299171 3148 04/07/2023 $2,931.40
299172 3195 04/07/2023 $1,719.89
299173 3602 04/07/2023 $2,287.03
299174 1970 04/07/2023 $2,308.04
299175 1520 04/07/2023 $2,554.81
299176 2605 04/07/2023 $2,067.28
299177 3505 04/07/2023 $4,407.64
299178 2540 04/07/2023 $3,495.50
299179 2377 04/07/2023 $2,617.60
299180 1079 04/07/2023 $2,542.67
299181 2312 04/07/2023 $2,723.88
299182 3510 04/07/2023 $1,711.98
299183 3637 04/07/2023 $2,656.48
299184 1901 04/07/2023 $5,898.89
299185 3628 04/07/2023 $2,191.77
299186 3068 04/07/2023 $2,055.21
299187 3633 04/07/2023 $2,409.38
299188 3129 04/07/2023 $3,363.79
299189 1998 04/07/2023 $2,822.20
299190 2376 04/07/2023 $4,374.96
299191 2111 04/07/2023 $2,858.19
299192 3543 04/07/2023 $1,954.59
299193 3303 04/07/2023 $3,586.67
299194 3558 04/07/2023 $2,557.45
299195 1655 04/07/2023 $3,167.79
299196 3285 04/07/2023 $3,239.03
City of Victorville Council Payroll Report 04/11/2023Page 6 of 14 Check Number Employee ID Check Date Total Net
299197 1529 04/07/2023 $1,888.19
299198 3238 04/07/2023 $4,153.95
299199 3242 04/07/2023 $2,538.11
299200 3346 04/07/2023 $2,099.06
299201 1776 04/07/2023 $3,072.32
299202 3192 04/07/2023 $2,029.93
299203 2655 04/07/2023 $1,491.17
299204 3749 04/07/2023 $1,902.06
299205 2798 04/07/2023 $2,139.16
299206 2522 04/07/2023 $3,205.70
299207 3265 04/07/2023 $1,983.88
299208 1503 04/07/2023 $2,977.56
299209 2505 04/07/2023 $3,010.55
299210 3299 04/07/2023 $1,777.18
299211 3113 04/07/2023 $1,927.62
299212 1007 04/07/2023 $2,991.82
299213 3185 04/07/2023 $2,387.81
299214 3729 04/07/2023 $1,548.74
299215 2343 04/07/2023 $1,295.93
299216 3273 04/07/2023 $2,618.99
299217 3121 04/07/2023 $1,854.20
299218 1497 04/07/2023 $2,581.60
299219 3537 04/07/2023 $3,331.10
299220 2192 04/07/2023 $1,964.22
299221 3513 04/07/2023 $2,132.76
299222 3685 04/07/2023 $1,617.93
299223 2034 04/07/2023 $2,024.77
299224 2275 04/07/2023 $2,834.80
299225 3380 04/07/2023 $2,393.25
299226 3191 04/07/2023 $2,449.64
299227 2530 04/07/2023 $2,851.66
299228 3496 04/07/2023 $918.47
299229 3051 04/07/2023 $2,760.90
299230 1750 04/07/2023 $2,360.22
299231 2770 04/07/2023 $1,870.76
299232 2228 04/07/2023 $2,193.31
299233 3726 04/07/2023 $1,200.46
299234 3748 04/07/2023 $1,999.89
299235 3101 04/07/2023 $2,620.11
299236 3335 04/07/2023 $2,130.47
299237 3611 04/07/2023 $1,222.81
299238 1249 04/07/2023 $2,001.50
299239 3284 04/07/2023 $2,170.94
299240 3580 04/07/2023 $1,134.05
299241 3621 04/07/2023 $1,134.05
City of Victorville Council Payroll Report 04/11/2023Page 7 of 14 Check Number Employee ID Check Date Total Net
299242 3270 04/07/2023 $1,789.97
299243 2248 04/07/2023 $1,947.50
299244 3263 04/07/2023 $1,733.92
299245 3622 04/07/2023 $1,035.53
299246 1588 04/07/2023 $2,131.34
299247 2189 04/07/2023 $2,627.86
299248 3560 04/07/2023 $1,823.55
299249 3509 04/07/2023 $2,270.38
299250 3226 04/07/2023 $1,723.72
299251 3257 04/07/2023 $1,817.93
299252 1121 04/07/2023 $2,354.69
299253 3149 04/07/2023 $2,334.99
299254 1865 04/07/2023 $2,048.89
299255 3479 04/07/2023 $1,661.18
299256 3689 04/07/2023 $1,193.15
299257 1723 04/07/2023 $1,441.25
299258 3296 04/07/2023 $2,109.19
299259 3707 04/07/2023 $1,768.99
299260 3572 04/07/2023 $1,231.13
299261 2531 04/07/2023 $3,050.92
299262 1513 04/07/2023 $2,651.77
299263 2118 04/07/2023 $944.89
299264 3387 04/07/2023 $1,096.97
299265 3330 04/07/2023 $1,687.90
299266 2681 04/07/2023 $4,963.54
299267 2119 04/07/2023 $1,846.46
299268 1612 04/07/2023 $1,975.10
299269 1282 04/07/2023 $2,283.93
299270 3610 04/07/2023 $1,659.83
299271 3277 04/07/2023 $1,769.40
299272 3287 04/07/2023 $1,884.39
299273 3037 04/07/2023 $1,734.51
299274 1449 04/07/2023 $2,742.12
299275 3481 04/07/2023 $1,874.80
299276 2677 04/07/2023 $5,014.76
299277 3688 04/07/2023 $1,134.05
299278 3341 04/07/2023 $2,009.18
299279 1137 04/07/2023 $1,814.85
299280 2383 04/07/2023 $1,920.83
299281 3687 04/07/2023 $1,004.97
299282 3130 04/07/2023 $1,857.20
299283 2489 04/07/2023 $1,666.01
299284 3733 04/07/2023 $1,508.59
299285 3361 04/07/2023 $2,136.46
299286 3139 04/07/2023 $1,454.73
City of Victorville Council Payroll Report 04/11/2023Page 8 of 14 Check Number Employee ID Check Date Total Net
299287 3099 04/07/2023 $2,497.00
299288 2696 04/07/2023 $1,817.78
299289 1287 04/07/2023 $2,972.81
299290 3536 04/07/2023 $2,841.66
299291 3722 04/07/2023 $1,756.29
299292 1254 04/07/2023 $1,997.69
299293 3187 04/07/2023 $1,805.95
299294 2368 04/07/2023 $1,897.08
299295 3095 04/07/2023 $1,685.88
299296 3532 04/07/2023 $1,819.12
299297 3258 04/07/2023 $1,792.12
299298 3100 04/07/2023 $2,680.60
299299 3259 04/07/2023 $1,406.04
299300 3344 04/07/2023 $1,927.29
299301 1338 04/07/2023 $3,448.01
299302 3507 04/07/2023 $1,792.81
299303 2229 04/07/2023 $3,492.30
299304 1049 04/07/2023 $2,285.22
299305 1506 04/07/2023 $1,911.44
299306 1959 04/07/2023 $3,155.25
299307 3004 04/07/2023 $2,201.79
299308 1893 04/07/2023 $1,998.05
299309 3626 04/07/2023 $1,806.75
299310 1581 04/07/2023 $2,448.61
299311 1932 04/07/2023 $1,798.54
299312 3279 04/07/2023 $1,538.77
299313 3725 04/07/2023 $1,134.05
299314 2460 04/07/2023 $1,786.60
299315 3671 04/07/2023 $1,603.90
299316 3112 04/07/2023 $1,595.84
299317 2732 04/07/2023 $1,829.17
299318 2552 04/07/2023 $2,058.44
299319 2476 04/07/2023 $3,587.11
299320 2279 04/07/2023 $2,513.15
299321 3515 04/07/2023 $6,020.00
299322 3092 04/07/2023 $2,503.60
299323 3138 04/07/2023 $2,689.22
299324 3146 04/07/2023 $3,521.60
299325 2590 04/07/2023 $2,152.35
299326 2748 04/07/2023 $2,006.31
299327 3709 04/07/2023 $2,609.35
299328 2669 04/07/2023 $3,094.21
299329 2623 04/07/2023 $2,079.70
299330 2637 04/07/2023 $2,338.45
299331 3079 04/07/2023 $3,256.19
City of Victorville Council Payroll Report 04/11/2023Page 9 of 14 Check Number Employee ID Check Date Total Net
299332 2638 04/07/2023 $2,827.64
299333 3109 04/07/2023 $2,484.50
299334 2671 04/07/2023 $2,933.41
299335 3019 04/07/2023 $3,737.41
299336 2593 04/07/2023 $2,437.93
299337 3328 04/07/2023 $2,339.23
299338 3461 04/07/2023 $2,121.02
299339 2626 04/07/2023 $1,482.21
299340 3038 04/07/2023 $2,618.97
299341 3052 04/07/2023 $1,975.58
299342 2290 04/07/2023 $1,953.95
299343 3716 04/07/2023 $1,637.61
299344 3110 04/07/2023 $2,632.59
299345 2641 04/07/2023 $1,854.13
299346 2612 04/07/2023 $2,352.65
299347 3698 04/07/2023 $1,184.74
299348 2642 04/07/2023 $2,342.19
299349 3705 04/07/2023 $2,392.85
299350 3331 04/07/2023 $1,762.05
299351 2674 04/07/2023 $2,772.30
299352 3231 04/07/2023 $2,341.10
299353 3228 04/07/2023 $2,357.43
299354 2628 04/07/2023 $2,801.57
299355 3301 04/07/2023 $1,642.90
299356 2630 04/07/2023 $2,745.72
299357 3182 04/07/2023 $2,918.10
299358 2599 04/07/2023 $2,110.32
299359 2683 04/07/2023 $2,593.63
299360 2753 04/07/2023 $2,264.56
299361 2610 04/07/2023 $2,371.54
299362 3323 04/07/2023 $1,779.53
299363 1389 04/07/2023 $2,404.11
299364 3264 04/07/2023 $1,960.14
299365 2808 04/07/2023 $2,339.15
299366 2646 04/07/2023 $2,609.56
299367 3617 04/07/2023 $3,165.72
299368 2600 04/07/2023 $2,390.36
299369 2524 04/07/2023 $2,615.65
299370 2686 04/07/2023 $1,946.18
299371 2193 04/07/2023 $2,180.19
299372 3322 04/07/2023 $2,774.53
299373 3629 04/07/2023 $2,470.53
299374 3230 04/07/2023 $3,003.78
299375 1931 04/07/2023 $2,032.59
299376 2038 04/07/2023 $1,587.71
City of Victorville Council Payroll Report 04/11/2023Page 10 of 14 Check Number Employee ID Check Date Total Net
299377 2339 04/07/2023 $2,355.73
299378 2678 04/07/2023 $3,636.89
299379 3240 04/07/2023 $1,916.83
299380 3743 04/07/2023 $1,759.75
299381 3215 04/07/2023 $2,507.24
299382 3140 04/07/2023 $1,785.97
299383 3035 04/07/2023 $1,880.43
299384 3651 04/07/2023 $2,061.95
299385 1853 04/07/2023 $2,827.74
299386 3645 04/07/2023 $748.86
299387 3503 04/07/2023 $2,574.66
299388 3589 04/07/2023 $900.69
299389 3676 04/07/2023 $465.72
299390 3579 04/07/2023 $775.04
299391 3376 04/07/2023 $3,449.74
299392 3384 04/07/2023 $1,093.22
299393 3386 04/07/2023 $1,921.46
299394 2488 04/07/2023 $971.43
299395 3120 04/07/2023 $979.05
299396 3502 04/07/2023 $1,947.42
299397 3582 04/07/2023 $997.25
299398 3654 04/07/2023 $920.99
299399 3252 04/07/2023 $2,606.59
299400 3070 04/07/2023 $2,227.34
299401 3657 04/07/2023 $814.33
299402 3740 04/07/2023 $978.45
299403 1866 04/07/2023 $1,877.51
299404 3371 04/07/2023 $1,025.90
299405 3674 04/07/2023 $974.18
299406 3655 04/07/2023 $972.53
299407 3656 04/07/2023 $870.99
299408 2478 04/07/2023 $1,067.04
299409 3648 04/07/2023 $454.46
299410 3471 04/07/2023 $1,066.58
299411 3531 04/07/2023 $3,832.80
299412 3665 04/07/2023 $105.17
299413 3587 04/07/2023 $814.33
299414 3669 04/07/2023 $242.69
299415 3029 04/07/2023 $1,614.26
299416 3326 04/07/2023 $3,155.97
299417 3649 04/07/2023 $247.88
299418 3609 04/07/2023 $920.99
299419 3492 04/07/2023 $411.81
299420 3691 04/07/2023 $508.29
299421 3647 04/07/2023 $488.25
City of Victorville Council Payroll Report 04/11/2023Page 11 of 14 Check Number Employee ID Check Date Total Net
299422 3566 04/07/2023 $576.29
299423 3368 04/07/2023 $1,776.09
299424 2006 04/07/2023 $1,586.80
299425 2684 04/07/2023 $1,456.92
299426 1966 04/07/2023 $2,148.15
299427 3388 04/07/2023 $2,009.86
299428 2355 04/07/2023 $2,393.80
299429 3696 04/07/2023 $2,361.42
299430 3500 04/07/2023 $2,439.75
299431 2039 04/07/2023 $1,857.35
299432 3281 04/07/2023 $1,600.84
299433 3550 04/07/2023 $2,316.20
299434 2629 04/07/2023 $2,043.63
299435 3348 04/07/2023 $1,812.34
299436 1544 04/07/2023 $2,451.09
299437 3107 04/07/2023 $2,138.08
299438 3081 04/07/2023 $2,049.07
299439 3523 04/07/2023 $3,843.78
299440 3271 04/07/2023 $1,775.44
299441 3017 04/07/2023 $4,522.00
299442 3706 04/07/2023 $1,495.27
299443 3512 04/07/2023 $2,365.88
299444 2027 04/07/2023 $1,390.92
299445 2330 04/07/2023 $2,837.15
299446 3632 04/07/2023 $1,626.87
299447 3437 04/07/2023 $4,338.33
299448 3652 04/07/2023 $2,396.82
299449 3421 04/07/2023 $2,394.36
299450 3439 04/07/2023 $3,324.49
299451 3440 04/07/2023 $5,248.09
299452 3441 04/07/2023 $2,916.36
299453 3473 04/07/2023 $4,323.62
299454 3406 04/07/2023 $4,944.51
299455 3422 04/07/2023 $4,586.32
299456 3442 04/07/2023 $4,662.26
299457 3433 04/07/2023 $2,440.37
299458 3469 04/07/2023 $3,195.57
299459 3424 04/07/2023 $3,359.37
299460 3414 04/07/2023 $2,793.70
299461 3704 04/07/2023 $4,792.75
299462 3734 04/07/2023 $4,518.53
299463 3710 04/07/2023 $2,243.86
299464 3443 04/07/2023 $3,718.26
299465 3600 04/07/2023 $2,121.29
299466 3711 04/07/2023 $2,961.50
City of Victorville Council Payroll Report 04/11/2023Page 12 of 14 Check Number Employee ID Check Date Total Net
299467 3751 04/07/2023 $2,743.13
299468 3418 04/07/2023 $3,194.68
299469 3715 04/07/2023 $7,860.71
299470 3444 04/07/2023 $3,922.68
299471 3583 04/07/2023 $2,083.74
299472 3585 04/07/2023 $3,643.38
299473 3594 04/07/2023 $4,256.30
299474 1718 04/07/2023 $4,887.37
299475 3409 04/07/2023 $3,629.66
299476 3426 04/07/2023 $2,828.60
299477 3642 04/07/2023 $2,112.50
299478 3584 04/07/2023 $3,694.96
299479 3746 04/07/2023 $1,997.00
299480 3538 04/07/2023 $2,034.71
299481 3410 04/07/2023 $5,340.12
299482 3447 04/07/2023 $5,687.46
299483 3427 04/07/2023 $4,240.16
299484 3607 04/07/2023 $3,649.25
299485 3411 04/07/2023 $3,468.71
299486 3448 04/07/2023 $3,681.62
299487 3719 04/07/2023 $1,595.06
299488 3518 04/07/2023 $1,969.41
299489 3449 04/07/2023 $3,397.19
299490 3428 04/07/2023 $2,770.76
299491 3429 04/07/2023 $2,955.15
299492 3455 04/07/2023 $3,150.82
299493 3451 04/07/2023 $5,623.19
299494 3712 04/07/2023 $3,919.95
299495 3595 04/07/2023 $2,359.22
299496 3430 04/07/2023 $4,664.42
299497 3452 04/07/2023 $3,040.67
299498 3417 04/07/2023 $3,225.29
299499 3431 04/07/2023 $6,834.33
299500 3419 04/07/2023 $4,376.28
299501 3720 04/07/2023 $10,142.86
299502 3524 04/07/2023 $3,227.13
299503 3412 04/07/2023 $4,326.54
299504 3420 04/07/2023 $3,256.82
299505 3378 04/07/2023 $5,383.34
299506 3435 04/07/2023 $3,174.33
299507 3432 04/07/2023 $4,490.01
299508 3408 04/07/2023 $2,549.69
299509 3456 04/07/2023 $2,718.23
299510 3591 04/07/2023 $2,618.39
299511 3392 04/07/2023 $3,953.44
City of Victorville Council Payroll Report 04/11/2023Page 13 of 14 Check Number Employee ID Check Date Total Net
299512 2210 04/07/2023 $6,668.41
299513 3434 04/07/2023 $3,347.69
Advices Total 1,222,207.82
City of Victorville Council Payroll Report 04/11/2023Page 14 of 14 Electronic Vendor Payments
Vendor Check Date Total Gross
IRS 3/24/2023 $108.57
IRS 3/30/2023 $191.24
IRS 3/31/2023 $247.62
IRS 4/4/2023 $320.98
IRS 4/7/2023 $204,846.26
State Taxes 3/27/2023 $11.84
State Taxes 4/3/2023 $65.95
State Taxes 4/4/2023 $44.29
State Taxes 4/7/2023 $55,236.56
CASDU 4/7/2023 $4,392.35
Deferred Comp (457) 4/7/2023 $79,235.17
Deferred Comp (401a) 4/11/2023 $264.13
PERS 4/12/2023 $293,086.09
VV Firefighter's Union 4/6/2023 $3,060.00
Electronic Vendor Payments Total $641,111.05
Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: May 16, 2023
Submitted By:

Jorge Duran, Code Enforcement Official

Subject:

Code Compliance Department Quarterly Report for the Third Quarter of Fiscal Year 2023 Recommendation:

That the Honorable City Council review and file.

Fiscal Impact:

None
Strategic Plan Goal:

The item is related to Strategic Plan Goal B, Public Safety, as the activity reports provide statistical information on Code Compliance Department efforts relating to community enhancement and homeless outreach efforts along with the care and control of animals.

Discussion:

The Code Compliance Department consists of the Code Compliance Division and Animal Care and Control Division. The attached Code Compliance Department reports outline information relating to compliance efforts for the third quarter of fiscal year 2022/2023 (January 1, 2023 to March 30, 2023), including compliance activity related to land use, public nuisances, parking, homeless outreach and clean-up efforts, animal care and control programs, field activity, resident service calls and animal licensing.

Attachments: A. Code Compliance Division Activity Report B. Animal Care and Control Division Activity Report
Attachment A

• 1 Code Enforcement Official
• 1 Code Enforcement Manager
• 2 Code Enforcement Supervisors
• 11 Code Enforcement Officer II
(4 assigned to the Homeless Engagement Team)
• 2 Code Enforcement Officer I
• 3 Technicians
Fiscal Year 2023, Qt. 3, January 1, 2023 - March 31, 2023 In this Quarterly Report
Case Classification Increase
In fiscal year 2023, Code Enforcement increased the
number of case classifications to better categorize
case types.

Current Staff Levels
Enforcement Type Comparison Page 4
Staff Levels & Fiscal Year Stats Page 1
Case Types & Enforcement Types Page 2
Case Type Comparison Page 3
Inspection Comparison Page 5
Parking Enforcement Comparison Page 6
Third Quarter Highlights Page 8
Homeless Outreach Page 7

• CEBL - Business License
• CEPK - Parking
• CEWA - Weed Abatement
• CODE - Property Maintenance
Case Types & Enforcement Types

Case Type Comparison

Case Classification Comparison

Completed Inspections Comparison

Parking Enforcement Comparison

Homeless Outreach Surveys 01/01/2023 - 03/31/2023
• 108 outreach surveys were completed in the field during this time period. • 16 people accepted shelter.
• 51 people moved voluntarily.
• 36 people refused to be sheltered.
• 5 outreach interactions resulted in PD action.
• During this time period, the average bed occupancy was 75 (92 total) and the average kennel occupancy for pets was 7 (11 total).

Shelter Client Demographic Report
Gender
# of
Clients
Female 53
Male 94
No Single Gender 1
Transgender 3
No answer 0
Total 151
Gender
# of
Clients
Female 27
Male 54
No Single Gender 0
Transgender 0
No answer 0
Total 81
Fiscal Year 2023, Qt. 3

Attachment B
Staff Levels Page 1
Case Counts Page 1
Highlights Page 2
Dog Licenses Page 3
In this Quarterly Report:

Quarterly Update FY 2023/ Quarter 3

Staffing Levels

Filled Positions
2 Animal Care & Control Supervisors
4 Animal Control Officers
1 Animal Control Technician

Open Position Status
1 Lead Animal Control Officer
(Hiring Soon)
1Animal Control Officer (In Process)
1 Animal Control Technician (In Process)

Animal Control Vehicles
4 Trucks - Active Fleet
1 Truck - In Process
Quarter 3 of the 2023 fiscal year has an 25% case creation increase over the previous year and a 54% increase over 2021 during the same quarter. 18 19 18
56 49
1365
1286
975
1362
1610
38 Proactive Stray Animal Sweeps
Proactive sweeps for stray animals in
high call volume areas occurred in the 3rd
quarter. These sweeps are instrumental
to public safety and animal welfare.

During sweeps, three stray pot belly pigs
in various locations of the Old Town area
were captured, in addition to several
stray dogs. Several residents were
contacted for animal welfare concerns,
limitations, containment and licensing.
.

Owls Rescued from School
Solar Panels
Animal Care & Control Dispatch
received a call for two baby owls
entangled in twine that had come
free from the nest under solar
panels at a Victorville School. The
owls were hanging dangerously
from solar panels. The Officer
quickly responded with other agen-
cies to assist the owls.

Scheduled Low Cost
Vaccination Clinics
June 3, 2023
8am-12pm
October 21, 2023
8am-12pm
Victorville City Hall
14343 Civic Dr
Victorville
4,073

231
965
65% 35%
December 2022 3636 March 2023 4078 Currently Licensed Dog's Spay/Neuter Status
Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: May 16, 2023
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Consideration of Resolution Nos. VWD 23-006 and VWD 23-007 - Resolutions of the Board of Directors of the Victorville Water District Initiating Proceedings to Fix, Levy, and Collect Standby Charges for Water Improvement District Number One and for Improvement District Number Two for Fiscal Year 2023-2024 Recommendation:

That the Honorable Victorville Water District Board of Directors:
(1) Approve Resolution No. VWD 23-006 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect Standby Charges for Improvement District One for Fiscal Year 2023-2024;
(2) Approve Resolution No. VWD 23-007 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect Standby Charges for Improvement District Two for Fiscal Year 2023-2024; and (3) Set June 6, 2023, as the date for the Public Hearing for the purpose of hearing arguments for and against determinations to fix, levy and collect water standby charges as set forth in the aforementioned resolutions.

Fiscal Impact:

The proposed resolutions authorize the District to have Water Improvement District Number One (“WID1”) and Water District Improvement District Number Two (“WID2”) Standby Charges for Fiscal Year 2023-2024 (tax roll year 2023) assessed by the County Assessor. These charges are currently estimated to be $95,000 and $335,000, respectively.

The District will incur a small expense from processing the required notices, estimated under $9,000. This expense was budgeted for in the current fiscal year under the following account code 4100030-52300:
• 4100030 – Water Fund, Administration
• 52300 - Contract Services
3 1
0 0
Strategic Plan Goal:

This item aligns with Goal A, “Financial Sustainability” of the City’s Strategic Plan. A large portion of standby fees collected provide a revenue source that is pledged to an outstanding bond. The remaining portion helps pay for the operating costs to maintain the water system. The collection of the standby fee also helps to maintain water rates as low as possible.

Background:

Each year the District must take steps, in compliance with California Water Code Section 31031 et seq. and Government Code Section 6066, to levy and collect Standby Charges.

These steps include:
(1) initiating proceedings to fix, levy and collect water standby charges for the fiscal year (establishing a hearing date, etc.);
(2) notifying the general public of the public hearing with publications in the newspaper on two separate dates;
(3) mailing notices of the hearing to the affected parcel owners; and (4) conducting the public hearing.

Water Improvement District Number One
Since 1975, WID1 (formerly known as the Victor Valley Water District) has assessed a Water Standby Charge. This charge, authorized by California Water Code Section 31031, may not exceed $10.00 per acre per year for each acre of land, or ten dollars per year for each parcel of land less than an acre. For example: 0.2 acres = $10.00; 5.0 acres = $50.00; and 5.2 acres = $60.00. By means of the proposed Resolution No. VWD 23-006, the District is initiating the process to fix, levy and collect this charge (at the same rate as last year) as to all parcels within WID1 for which water service facilities have been constructed within close proximity thereto (660 feet). Any parcel of land which is connected to and obtains water from the District’s water system, as well as any governmental or public agency, is exempt from the assessment.

Water Improvement District Number Two
Since 1969, WID2 (formerly known as the Baldy Mesa Water District) has assessed a Water Standby Charge. This charge, authorized by California Water Code Section 31032.1, may not exceed $30.00 per acre per year for each acre of land, or $30.00 per year for each parcel of land less than an acre. The proposed charge remains unchanged at $15.00 rather than the allowable maximum of $30.00 and is prorated based on the number of acres in excess of one acre. For example: 0.2 acres = $15.00; 5.0 acres = $75.00; and 5.2 acres = $78.00. By means of the proposed Resolution No. VWD 23-007, the District is initiating the process to fix, levy and collect this charge (at the same rate as last year) as to all parcels within WID2 for which water service facilities have been financed and constructed. All governmental or public agencies are exempt from the assessment.
3 1
0 0
Discussion:

Standby Charges must be assessed annually, on an uninterrupted basis, in order to maintain the previously fixed assessment rate. The proposed resolutions do not change the rate or calculation by which these charges are assessed. If Standby Charges are discontinued, they may not be reinstated in a subsequent year, except as noted in California Government Code Section 53753 and in compliance with notice, protest, and hearing procedures applicable to increased assessments under Proposition 218.

The revenues from the Water Standby Charge directly offset WID1’s actual cost to maintain facilities, including water mains, which are immediately available to provide water service to those parcels. For WID2, the revenues directly offset the actual cost of financing water infrastructure capital facilities within the Improvement District. These revenues are pledged to the debt service on the issuance of a Certificate of Participation (bond). Provisions of the LAFCO consolidation action requires debt incurred in one improvement district to be paid by the rate payers of that same improvement district.

Staff recommends that the Board of Directors approve Resolution Nos. VWD 23-006 and VWD 23-007 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect Standby Charges for Improvement Districts 1 and 2 for Fiscal Year 2023-2024 and set June 6, 2023, as the date for the Public Hearing.

Staff remains available for any questions or comments the Board may have.

Attachments: A. Resolution No. VWD 23-006
B. Resolution No. VWD 23-007
C. Water Code Sections 31031 through 31032.9
D. Notice of Public Hearing on Water Standby Charges – WID1 E. Notice of Public Hearing on Water Standby Charges – WID2

ATTACHMENT A
RESOLUTION NO. VWD 23-006

VICTORVILLE WATER DISTRICT
RESOLUTION NO. VWD 23-006

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER

DISTRICT INITIATING PROCEEDINGS TO FIX, LEVY, AND COLLECT STANDBY

CHARGES FOR WATER IMPROVEMENT DISTRICT NUMBER ONE FOR FISCAL YEAR 2023-2024

THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER DISTRICT HEREBY FINDS, RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:

WHEREAS, the Board of Directors is authorized and empowered by State Water Code Section 31031 et seq. to fix, levy, and collect water standby charges within Water Improvement District Number One (the “Improvement District”); and WHEREAS, it is the intention of the Board of Directors to initiate proceedings to fix, levy, and collect water standby charges, pursuant to Section 31031 et seq. of the State Water Code (hereinafter the “Water Code”); and
WHEREAS, since 1975 the Improvement District (formerly known as the Victor Valley Water District) has imposed and collected water standby charges pursuant to Resolutions of the Board of Directors, determining the properties which receive benefit from the presence of the Improvement District’s water service facilities within close proximity thereto; and
WHEREAS, the Improvement District’s standby charge is established and imposed exclusively to finance the proportionate share of the maintenance and operation expenses of water service facilities which have been constructed and are within close proximity to the benefiting properties.

NOW, THEREFORE, the Board of Directors of the District hereby proposes to fix, levy and collect a standby charge for all affected properties within the Improvement District, as follows:

SECTION 1 A water standby charge is hereby fixed in an amount not to exceed ten dollars ($10) per acre per year for each acre of land, or ten dollars ($10) per year for each parcel of land less than an acre within the District for all properties within the Improvement District to which water service facilities have been constructed within close proximity thereto for any purpose by the Improvement District, whether the water service is actually used or not.

SECTION 2 The water standby charge shall apply to all properties within the Improvement District, which are within six hundred and sixty (660) feet from an existing Improvement District water facility. The water standby charge within such lands shall be computed only as to that portion of the acreage of the particular parcel, which is within such six hundred and sixty (660) feet from Improvement District facilities. No property beyond such distance shall be connected to the water system without specific action by the Board of Directors of the District or by the extension of Improvement District lines thereto.

SECTION 3 Any parcel of land which is connected to and obtains water service from the District’s water system and all parcels owned by a governmental or public agency are exempted from said water standby charges.

SECTION 4 That any parcel of land subject to the water standby charge which is subsequently connected to and obtains water service from the Improvement District’s water system shall no longer be subject to the water standby charge from the time connection is made and water service provided, but will thereafter be subject to payment of the District’s water rates. No pro-ration of annual standby charges will be made.

SECTION 5 That the District Secretary (the “Secretary”) shall file with the San Bernardino County Auditor in the time and manner required by law and specified by the County Auditor a copy of such written report with a statement endorsed thereon over the signature of the Secretary that such report has been finally adopted by this Board of Directors and the County Auditor shall enter the amount of such assessments against the respective lots or parcels of land as they appear on the most recent assessment roll, pursuant to Section 31032.4 of the Water Code.

SECTION 6 That the County Tax Collector shall include the amount of such assessments on bills for taxes levied against the respective lots and parcels of land, and thereafter, the amount of such assessments shall be collected at the same time and in the same manner and by the same persons, as together with and not separately from, the general taxes for the District, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties, pursuant to Water Code Section 31032.6.

SECTION 7 That staff is hereby authorized and directed to prepare and file with the Secretary a written report (the “Report”) which shall contain a description of each parcel of real property and the amount of the water standby charges for each parcel for the fiscal year 2023-2024.

SECTION 8 That the time and place of public hearing to hear and consider all objections or protests to the Report, pursuant to Section 31032.3 of the Water Code, is hereby fixed as follows:

Tuesday, June 6, 2023, commencing at 6:00 p.m.

City of Victorville Council Chambers
14343 Civic Drive
Victorville, CA 92392
SECTION 9 That the Secretary is hereby authorized and directed to cause notice of the filing of the Report and the time and place of public hearing to be published and mailed, pursuant to Section 31032.2 of the Water Code.

SECTION 10 That a copy of the Report will be available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. In addition, it will be made available on the City’s website at
www.victorvilleca.gov/government/legally-required-postings.

SECTION 11 That the Director of Public Works-Water, District Counsel, and Staff for the Improvement District are hereby authorized and directed to take any necessary and appropriate action to provide for the proposed establishment of the water standby assessments in accordance with this Resolution.

SECTION 12 The findings and determinations set forth hereinabove are hereby adopted to take effect immediately, with the standby charges levied and to be collected for fiscal year 2023-2024 as set forth hereinabove.

ATTACHMENT B
RESOLUTION NO. VWD 23-007

VICTORVILLE WATER DISTRICT
RESOLUTION NO. VWD 23-007

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER

DISTRICT INITIATING PROCEEDINGS TO FIX, LEVY AND COLLECT STANDBY

CHARGES FOR WATER IMPROVEMENT DISTRICT NUMBER TWO FOR FISCAL YEAR 2023-2024

THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER DISTRICT HEREBY FINDS, RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:

WHEREAS, the Board of Directors is authorized and empowered by State Water Code, Section 31031 et seq. to fix, levy and collect water standby within Water Improvement District Number Two (the “Improvement District”); and
WHEREAS, it is the intention of the Board of Directors to initiate proceedings to fix, levy and collect water standby charges, pursuant to Section 31032.1 of the State Water Code (hereinafter the “Water Code”); and
WHEREAS, since 1969 the Improvement District (formerly known as the Baldy Mesa Water District) has imposed and collected water standby charges pursuant to Resolutions of the Board of Directors; and
WHEREAS, the Improvement District’s standby charge is established and imposed to finance the proportionate share of the capital costs and maintenance and operation expenses of water service facilities which have been constructed and made available to properties within the Improvement District.

NOW, THEREFORE, the Board of Directors of the District hereby proposes to fix, levy and collect a standby charge for all properties within the Improvement District, as follows:

SECTION 1 A water standby charge is hereby fixed in an amount not to exceed fifteen dollars ($15) per acre per year for each acre of land, or fifteen dollars ($15) per year for each parcel of land less than an acre for all properties within the Improvement District to which water service facilities have been constructed for any purpose by the Improvement District, whether the water service is actually used or not.

SECTION 2 That all parcels owned by a governmental or public agency are exempted from said water standby charges.

SECTION 3 No pro-ration of annual standby charges will be made.

SECTION 4 That the District Secretary (the “Secretary”) shall file with the San Bernardino County Auditor in the time and manner required by law and specified by the County Auditor a copy of such written report with a statement endorsed thereon over the signature of the Secretary that such report has been finally adopted by this Board of Directors and the County Auditor shall enter the amount of such assessments against the respective lots or parcels of land as they appear on the most recent assessment roll, pursuant to Section 31032.4 of the Water Code.

SECTION 5 That the County Tax Collector shall include the amount of such assessments on bills for taxes levied against the respective lots and parcels of land, and thereafter, the amount of such assessments shall be collected at the same time and in the same manner and by the same persons, as together with and not separately from, the general taxes for the District, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties, pursuant to Water Code Section 31032.6.

SECTION 6 That staff is hereby authorized and directed to prepare and file with the Secretary a written report (the “Report”) which shall contain a description of each parcel of real property and the amount of the water standby charges for each parcel for the fiscal year 2023-2024.

SECTION 7 That the time and place of public hearing to hear and consider all objections or protests to the Report, pursuant to Section 31032.3 of the Water Code, is hereby fixed as follows:

Tuesday, June 6, 2023, commencing at 6:00 p.m.

City of Victorville Council Chambers
14343 Civic Drive
Victorville, CA 92392
SECTION 8 That the Secretary is hereby authorized and directed to cause notice of the filing of the Report and the time and place of public hearing to be published and mailed, pursuant to Section 31032.2 of the Water Code.

SECTION 9 That a copy of the Report will be available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. In addition, it will be made available on the City’s website at
www.victorvilleca.gov/government/legally-required-postings.

SECTION 10 That the Director of Public Works-Water, District Counsel, and Staff for the Improvement District are hereby authorized and directed to take any necessary and appropriate action to provide for the proposed establishment of the water standby assessments in accordance with this Resolution.

SECTION 11 The findings and determinations set forth hereinabove are hereby adopted to take effect immediately, with the standby charges levied and to be collected for fiscal year 2023-2024 as set forth hereinabove.

ATTACHMENT C
Water Code Sections 31031 through
31032.9

WATER CODE

31031.

A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, on or before the first day of July in each calendar year, a water standby or availability charge. The water standby or availability charge shall not exceed ten dollars ($10) per acre per year for each acre of land, or ten dollars ($10) per year for each parcel of land less than an acre within the district to which water is made available for any purpose by the district, whether the water is actually used or not, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). The board of directors of a district which fixes such a charge may establish schedules varying such charge according to the land uses and the degree of availability or quantity of use of such water to the affected lands, and may restrict such charge to lands lying within one or more improvement districts within such district. If the procedures set forth in this section as it read at the time a standby or immediate availability charge was established were followed, the board of directors may, by resolution, continue the charge in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

31032.

In case any water standby charge remains unpaid on the first day of the month before the month in which the board of supervisors of the county in which the district or any part thereof is located is required by law to levy the amount of taxes required for county purposes, a 6 percent penalty thereon shall accrue. The amount of the unpaid standby charge plus the said penalty shall be added to and become a part of the annual tax levied upon the land to which water for which the standby charge is unpaid was available and same shall constitute a lien on that land.

If a district collects taxes pursuant to Chapter 2 (commencing with Section 31700) of Part 7 of this division, the amount of tax attributable to unpaid water standby charges, and the penalty thereon, shall be stated on the tax bill separately from all other taxes.

If a district collects taxes pursuant to Chapter 3 (commencing with Section 31730) of Part 7 of this division, it shall provide each person whose property is subject to taxation for unpaid water standby charges, and the penalty thereon, with a tax bill stating the amount of such charges and penalty separately.

In such case and at least fifteen (15) days before the first day of the month in which said board of supervisors is required by law to levy the amount of taxes required for county purposes, the board of directors of the district shall furnish in writing to the board of supervisors and to the county auditor, respectively, a description of each and every parcel of land within the district upon which a standby charge remains unpaid, together with the amount of said unpaid charge plus said penalty on each said parcel of land. Whenever land in two or more counties is included in a district, the board of directors of the district shall furnish in writing to the board of supervisors and to the county auditor of each of said counties, respectively, a description of each and every parcel within said county upon which a standby charge remains unpaid, together with the amount of said unpaid standby charge plus penalty thereon.

31032.1.

A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, as an alternative to the charge prescribed by Section 31031, in each fiscal year, water standby or availability assessments of not to exceed thirty dollars ($30) per acre per year for each acre of land, or thirty dollars ($30) per year for each parcel of land less than an acre within the district to which water is made available for any purpose by the district, whether the water is actually used or not, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). The board of directors of a district that fixes the assessment may establish schedules varying the assessment according to the land uses and the degree of availability or quantity of use of water to the affected lands, and may restrict the assessment to lands lying within one or more improvement districts within the district. If the procedures set forth in this section as it read at the time a standby charge was established were followed, the board of directors may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

A district may elect to have the assessments for the fiscal year collected on the tax roll in the same manner, by the same persons and at the same time as, together with and not separately from, its general taxes. In that event, it shall cause a written report to be prepared and filed with the secretary which report shall contain a description of each parcel of real property and the amount of the assessment for each parcel for the year.

31032.2.

The secretary shall cause notice of the filing of the report and of a time and place of hearing thereon to be published, pursuant to Section 6066 of the Government Code, prior to the date set for hearing, in a newspaper of general circulation printed and published within the district, if there is one and if not then in such paper printed and published in the county, and shall cause a notice in writing of the filing of the report to be mailed to each person to whom any parcel or parcels of real property described in such report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the secretary.

31032.3.

At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify an assessment or overrule any or all objections. The board shall make its determination upon each assessment as described in the report which determination shall be final. The board may make appropriate adjustments that may be necessary as a result of the equalization of the assessment roll subsequent to the filing of the report.

31032.4.

On or before t he 10th day of August of each year following such final determination, the secretary shall file with the county auditor a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the board and the auditor shall enter the amounts of the assessment against the respective lots or parcels of land as they appear on the current assessment roll. If a district collects taxes pursuant to Chapter 3 (commencing with Section 31730), Part 7 of this division, the secretary shall file the report with the collector.

31032.5.

The amount of the assessments shall constitute a lien against the lot or parcel of land against which the assessment has been imposed as of noon on the first Monday in March immediately preceding the date of levy.

31032.6.

The county tax collector or district collector shall include the amount of the assessments on bills for taxes levied against the respective lots and parcels of land.

Thereafter the amount of the assessments shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the district, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties. All laws applicable to the levy, collection and enforcement of general taxes of the district, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such assessments.

31032.7.

In the event a district does not elect to collect such assessments with the general taxes of the district, it may issue separate bills payable in the time and manner designated by the board.

31032.8.

A district may provide for a basic penalty of not more than 6 percent for nonpayment of the assessment within the time and in the manner prescribed by it, and in addition may provide for a penalty of not exceeding one-half of 1 percent per month for nonpayment of the assessment and basic penalty. It may provide for collection of the penalties herein provided for.

31032.9.

Any district may make the election specified in Section 31032.1 with respect only to delinquent assessments and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.

ATTACHMENT D
Notice of Public Hearing on
Water Standby Charges – WID 1

NOTICE OF PUBLIC HEARING ON WATER STANDBY CHARGES
Since 1975, Victorville Water District, Water Improvement District Number One (the " District", formerly known as the Victor Valley Water District) has charged water standby charges (the "Charges"). These Charges, not to exceed Ten Dollars ($10.00) for each acre of land, or Ten Dollars ($10.00) for each parcel of land less than an acre within the District, are authori zed by Section 31031 of the State Water Code. The District is fixing, levying, and collecting these Charges (at the same rate as last year) as to all parcels within the District for which water service facilities have been constructed within close proximity thereto.

1. THE DISTRICT BOARD OF DIRECTORS MADE THE FOLLOWING
DETERMINATIONS for fiscal year 2023-2024.
a. All properties within the District which are within six hundred and sixty (660) feet of an existing District facility and not presently connected t o the District’s water system, unless specifically exempted by the Board of Directors, will be charged. b. The 2023-2024 Charges will be Ten Dollars ($10.00) for each acre of land, or Ten Dollars ($10.00) for each parcel of land less than an acre within the District.

2. A WATER STANDBY ASSESSMENT REPORT (“Report”) has been prepared and filed with the District Secretary. The Report contains a description of each parcel of real property and the amoun t of the Charges for each parcel for the fiscal year 2023-2024.

The Report is available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. The Report will also be available on the City’s website at www.victorvilleca.gov/government/legally-required-postings.

3. A PUBLIC HEARING ON WATER STANDBY ASSESSMENTS will be held before the District Board of Directors at City Hall, located at 14343 Civic Drive, Victorville, California, on Tuesday, June 6, 2023, at 6:00 p.m., or as soon thereafter as the matter may be heard.

At this hearing, the Board of Directors shall hear and consider all comments regarding the assessments. At the conclusion of the Public Hearing, the Board may adopt, revise, or reduce an assessment.

Any person may appear at the public hearing in person and be heard on the proposed item. If you are unable, or do not desire to attend the public hearing, you may submit written comments in favor of or in opposition to the item to the City Clerk via email to [email protected] no later than 4:00 p.m. on June 6, 2023; or by mail, to City Clerk, 14343 Civic Drive, Victorville, CA 92392.

Any persons wishing to challenge the decision on the above item in court may be limited to raising only those issues they or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Victorville at, or prior to, the public hearing.

4. NOTE: All Charges will be entered upon the annual tax statement levied upon the land subject to the standby charge and the same will constitute a lien on that land and collected in the same manner as general taxes pursuant to Section 31032.6 of the State Water Code. DO NOT SEND PAYMENT TO THE DISTRICT OFFICE.

THIS NOTICE IS GIVEN pursuant to State Water Code Section 31032.2.

ATTACHMENT E
Notice of Public Hearing on
Water Standby Charges – WID 2

NOTICE OF PUBLIC HEARING ON WATER STANDBY CHARGES
Since 1969, Victorville Water District, Water Improvement District Number Two (the " District", formerly known as the Baldy Mesa Water District) has charged water standby charges (the "Charges"). These Charges, not to exceed Thirty Dollars ($30.00) per year for each acre of land, or Thirty Dollars ($30.00) per year for each parcel of land less than an acre within the District, are authorized by Section 31032.1 of the State Water Code. The District is fixing, levying, and collecting these Charges (at the same rate as last year) as to all parcels within the District for which water service facilities have been financed and constructed.

1. THE DISTRICT BOARD OF DIRECTORS MADE THE FOLLOWING DETERMINATIONS for fiscal year 2023-2024.
a. All properties within the District, unless specifically exempted by the Board of Directors, will be charged.
b. The 2023-2024 Charges will be Fifteen Dollars ($15.00) for each acre of land or Fifteen Dollars ($15.00) for each parcel for land less than an acre within the District.

2. A WATER STANDBY ASSESSMENT REPORT (“Report”) has been prepared and filed with the District Secretary. The Report contains a description of each parcel of real property and the amount of the Charges for each parcel for the fiscal year 2023-2024. The Report is available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. The Report will also be available on the City’s website at www.victorvilleca.gov/government/legally-required-postings.

3. A PUBLIC HEARING ON WATER STANDBY ASSESSMENTS will be held before the District Board of Directors at City Hall, located at 14343 Civic Drive, Victorville, California, on Tuesday, June 6, 2023, at 6:00 p.m., or as soon thereafter as the matter may be heard.

At this hearing, the Board of Directors shall hear and consider all comments regarding the assessments. At the conclusion of the Public Hearing the Board may adopt, revise, or reduce an assessment.

Any person may appear at the public hearing in person and be heard on the proposed item. If you are unable, or do not desire to atte nd the public hearing, you may submit written comments in favor of or in opposition to the item to the City Clerk via email to [email protected] no later than 4:00 p.m. on June 6, 2023; or by mail, to City Clerk, 14343 Civic Drive, Victorville, CA 92392.

Any persons wishing to challenge the decision on the above item in court may be limited to raising only those issues they or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Victorville at, or prior to, the public hearing.

4. NOTE: All Charges will be entered upon the annual tax statement levied upon the land subject to the standby charge and the same will constitute a lien on that land and collected in the same manner as general taxes pursuant to Section 31032.6 of the State Water Code. DO NOT SEND PAYMENT TO THE DISTRICT OFFICE.

THIS NOTICE IS GIVEN pursuant to State Water Code Section 31032.2.

Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: May 16, 2023
Submitted By:

Keith C. Metzler, City Manager
John Wickum, Police Captain

Subject:

Fiscal Year 2020 Police Department Homeland Security Grant Program Award and Purchase
Recommendation:

That the Honorable City Council:
(1) Accept the grant award of the Fiscal Year 2020 Homeland Security Grant Program (HSGP) in the amount of $30,510;
(2) Adopt Resolution No. 23-033 amending the Fiscal Year 2022-23 budget for revenue and expenditures for said grant;
(3) Authorize the expenditure of Supplemental Law Enforcement Services Fund (SLESF) monies in the amount not to exceed $8,321.63 for the purchase of Mobile Automated License Plate Readers (ALPR); and
(4) Approve the purchase of Mobile ALPR cameras in the amount of $38,831.63 from Vigilant Solutions, LLC.

Fiscal Impact:

Award from this grant will increase the revenue in the Federal Grants fund (2752001- 43120-20244) in the amount of $30,510 and will increase the expenditure appropriation in the Federal Grants fund (2752001-55040-20244) in the amount of $30,510. Sufficient funds from the SLESF account are available and will be used in the amount of $8,321.63 to cover the difference to purchase Mobile ALPR equipment.

Strategic Plan Goal:

The City of Victorville Strategic Plan 2020-2023 identifies multi-year strategic goals and various strategies to work toward achieving those goals. Goal B, Public Safety, focuses on implementing public safety strategies to support a thriving and growing community. In accordance with one strategy outlined within the plan, engaging in proactive policing, the 2 9
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City Council has previously approved the purchase and installation of Automated License Plate Readers (ALPR).

Background:

The City Council has previously approved Phases 1-6 of the ALPR program, which currently has 107 fixed cameras throughout the City. Phase 6 is expected to be completed by the end of June 2023 and will include an additional 16 cameras in the program. In December 2021, the Victorville Police Department applied for the Fiscal Year 2020 HSGP to purchase two (2) four-camera Mobile ALPR systems. On February 7, 2022, staff received notification of grant approval for the Fiscal Year 2020 HSGP in the amount of $30,510 to complete the purchase of the system listed above.

Discussion:

The ALPR program allows law enforcement to proactively prevent crime and improve the security and safety of the community in the most cost-effective fashion. ALPR technology assists with proactive, tactical, and investigative policing, thereby reducing ongoing costs for additional officers with a one-time capital expense. The system immediately notifies our deputies with hits related to wanted vehicles, kidnapping suspects, violent offenders, in-progress robberies, shootings, and critical missing persons. The City currently has 107 fixed cameras deployed throughout the City, and these Mobile ALPR’s will be mounted on two Police vehicles providing ALPR technology whenever the vehicle is in use.

In 2021 and 2022, the City's ALPR cameras have captured 1,981 hits with 373 arrests for various crimes, including auto theft, robbery, attempted murder, assault/domestic violence, and child abuse, in addition to the recovery of narcotics and firearms. The ALPR cameras provide critical investigative information to solve murders, burglaries, and sex offender violations, among other crimes. This program allows our deputies to proactively prevent crime and improve the security and safety of our citizens.

The ALPR program has proven to be an effective tool for proactive policing and will continue to be an invaluable asset to the City's Police Department. Staff is requesting that the City Council accept the grant award of the Fiscal Year 2020 HSGP, adopt Resolution No. 23-033 amending the Fiscal Year 2022-23 budget, authorize the SLESF monies in the amount not to exceed $8,321.63 and approve the purchase of Mobile ALPR cameras in the amount of $38,831.63 from Vigilant Solutions, LLC. Staff remains available for any questions or comments you may have.

Attachments: A. Grant Acceptance Award
B. Resolution No. 23-033
C. Mobile ALPR Quote

ATTACHMENT A

Grant Acceptance Award

FY2020 HOMELAND SECURITY GRANT PROGRAM
Jurisdiction: Victorville PD
Project # Description AEL # AEL Title Hold Trigger Total Cost Amount Paid by Grant Remaining Balance 1st Milestone Completion Date 19 Vehicle Mounted ALPRs (8) 03OE-01-ALPR
System, Automated
License Plate
Recognition N/A $30,510 $30,510
$30,510 $30,510

ATTACHMENT B

Resolution No. 23-033

RESOLUTION NO. 23-033

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2022- 2023; APPROVING ADDITIONAL APPROPRIATIONS AND ADDITIONAL REVENUE FOR THE 20 20 HOMELAND SECURITY GRANT PROGRAM (HSGP) AWARD;

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, approved by the City Council on June 21, 2022, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and

WHEREAS, after preparation of the budget, the City was notified of award from the County of San Bernardino through the 2020 HSGP; and

WHEREAS, the HSGP Award will provide additional revenue in the amount of $30,510 for fiscal year 2022-2023 to be used to purchase mobile Automatic License Plate Reader equipment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the annual budget for the fiscal year 2022- 2023 for the City of Victorville be hereby amended to reflect additional revenue in the Federal Grants Fund revenue account 2752001 -43120-20244 in the amount of $30,510 and additional appropriations in the Federal Grants Fund expenditure account 2752001-55040-20244 in the amount of $30,510 as described in the corresponding Agenda Item.

Account Amount Adjusted
2752001-43120-20244 (2020 HSGP Revenue) $30,510
2752001-55040-20244 (2020 HSGP Equipment) $30,510

SECTION 2. 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 City departments, offices and subsidiary districts of the City.

ATTACHMENT C

Mobile ALPR Quote

Vigilant Solutions, LLC
P .O Box 841001
Dallas, Texas 75202
(P) 925-398-2079 (F) 925-398-2113
Issued To: City of Victorville - Attention: Edddie Bachman Date: 05-10-23 Project Name: L5M - Two System - Grant Funded Quote ID: ED4-0001-05

PROJECT QUOTATION
We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project:

Hardware
Qty Item # Description
(2) Mobile LPR SYS-1
CDM-4-2234L5M
Mobile LPR 4-Camera L5M High-Definition System
Hardware:
● Qty=2 8mm lens package
● Qty=1 12mm lens package
● Qty=1 16mm lens package
● VLP-5200 Processing Unit
● Wiring harness w/ ignition control (Direct to Battery) o Single point power connection
● Field installed GPS antenna
Software:
● CarDetector Mobile LPR software application for MDC unit o LPR vehicle license plate scanning / real time alerting o Full suite of LPR tools including video tool set
Subtotal Price $28,000.00
(2) VS-LBB-02-E LPR Camera Mounting Brackets - Light Bar Mounting Style - Complete Set ● LPR Camera Mounting Bracket - Rooftop under light bar ● Compatible with most Whelen, Code3, TOMAR, Federal Signal, Arjent S2 Light Bars ● Mounts up to four (4) LPR cameras
Subtotal Price $2,190.00

Camera License and LEARN
Qty Item # Description
(1) VSBSCSVC-04 Vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments ● Managed/hosted server account services by Vigilant
o Includes access to all LEARN or Client Portal and CarDetector software updates ● Priced per camera per year for over 60 total camera units ● Requires new/existing Enterprise Service Agreement (ESA) Subtotal Price $2,200.00
Technical Services
Qty Item # Description
(2) SSU-SYS-COM Vigilant System Start Up & Commissioning of 'In Field' LPR system ● Vigilant technician to visit customer site
● Includes system start up, configuration and commissioning of LPR system ● Includes CDM/CDF Training
● Applies to mobile (1 System) and fixed (1 Camera) LPR systems Subtotal Price $1,990.00
(1) VS-TRVL-01 Vigilant Travel via Client Site Visit
● Vigilant certified technician to visit client site
● Includes all travel costs for onsite support services Subtotal Price $1,550.00
Delivery
Qty Item # Description
(2) VS-SHP-01 Vigilant Shipping Charges - Mobile
● Applies to each Mobile LPR System
● Shipping Method is FOB Shipping
Subtotal Price $260.00
(1) Sales Tax Sales Tax @ 8.75% of $30,190.00 = $2,641.63 Subtotal Price $2,641.63

Quote Notes:

1. All prices are quoted in USD and will remain firm and in effect for 60 days.

2. Returns or exchanges will incur a 15% restocking fee.

3. Orders requiring immediate shipment may be subject to a 15% QuickShip fee.

4. No permits, start-up, installation, and or service included in this proposal unless explicitly stated above.

5. All hardware components to have standard One (1) year hardware warranty.

6. All software to have standard one (1) year warranty for manufacturer defec ts.

7. This Quote is provided per our conversation & details given by you - not in accordance to any written specification.

8. This Quote does not include anything outside the above stated bill of materials.

9. MSI's Master Customer Agreement (and all applicable addenda) available at https://www.motorolasolutions.com/en_us/about/legal.html shall govern the products & services and is incorporated herein by this reference.

10. 1 Years of hosting and warranty included.

11. Installation is not included in this quote. Installation to be completed by customer.

12. 8.75% Sales Tax per local regulation on hardware.

Quoted by: Troy Sakaguchi - 657-447-9109 - [email protected]

Total Price $38,831.63

Contract Terms Acknowledgement

This Contract Terms Acknowledgement (this “ Acknowledgement”) is entered into between Vigilant Solutions, LLC , a Delaware corporation (“Vigilant”) and the entity set forth in the signature block below (“ Customer”). Vigilant and Customer will each be referred to herein as a “Party” and collectively as the “Parties”.

1. Contract Terms Acknowledgement. Customer acknowledges that they have received St atements of Work that describe the services provided on this Agreement. Parties acknowledge and agree that the terms of the Master Customer Agreement (“MCA”), including all applicable Addenda, shall apply to the Services set forth in the accompanying Ordering Document. Vigilant's Terms and Conditions, available at https://www.motorolasolutions.com/en_us/about/legal.html, including the Master Customer Agreement, is incorporated herein by this reference. By signing the signature block below, Customer certifies that it has read and agrees to the provisions set forth in this Acknowledgement and the signatory to this Acknowledgement represents and warrants that he or she has the requisite authority to bind Customer to this Acknowledgement.

2. Entire Agreement. This Acknowledgement, including the accompanying Ordering Document, supplements the terms of the MCA, applicable Addenda, and Ordering Documents entered between the Parties and forms a part of the Parties’ Agreement.

3. Disputes; Governing Law. Sections 12 – Disputes of the MCA is hereby incorporated into this Acknowledgement mutatis mutandis.

4. Execution and Amendments. This Acknowledgement may be executed in multiple counterparts and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature will be treated, and wi ll have the same effect as an original signature, and will have the same effect, as an original signed copy of this document.

This Acknowledgement may be amended or modified only by a written instrument signed by authorized representatives of both Parties.

The Parties hereby enter into this Acknowledgement as of the last signature date below.

Customer: ______________________________

Signature: ______________________________

Name: ______________________________

Title: ______________________________

Email: ______________________________

Date: ______________________________

Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: May 16, 2023
Submitted By:

Brian Gengler, City Engineer

Subject:

Citywide Recycled Water Conceptual Study - Consultant/Professional Services Provider Agreement
Recommendation:

That the Honorable Victorville Water District Board approve the Consultant/Professional Services Provider Agreement with Water Systems Consulting, Inc., in an amount not to exceed $198,570.00 for developing a Citywide Recycled Water Conceptual Study that maximizes the value and benefit of recycled water to the District’s water resources.

Fiscal Impact:

This action will result in a fiscal impact of $198,570.00. An additional appropriation is not required. This project will be funded entirely from Fund No. 413, the Reclaimed Water Fund. There are sufficient funds in the account to cover the planned expenses.

Budget Account Number: Available Funds:
4130520-52300 $250,000
Strategic Plan Goal:

This item aligns with Goal E, Strategy 1 in the Strategic Plan, “Invest in Infrastructure” because the reuse of recycled water brings greater value and benefit to the District’s water resources.

Background:

The City first began using recycled water nearly 20 years ago to irrigate the Westwinds Golf Course at Southern California Logistics Airport (SCLA) by using nearby recycled water from Victor Valley Wastewater Reclamation Authority (VVWRA) to offset potable water demand. Since that time, the Victorville Water District (the “District”) has traveled a complex and winding path towards expanding its recycled water program and has adapted to extreme shifts in both recycled water supplies and uses. 3 1
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In 2019, the District’s consultant completed a draft SCLA Recycled Water Master Plan that estimated the District will have roughly 7,000 acre-feet-per-year (or 4,300 gallons per minute) of excess recycled water supply by 2040. This excess supply is in addition to the High Desert Power Project (HDPP) recycled water demands. HDPP is currently the largest recycled water user in Victorville. Future developments within SCLA may be able to use additional recycled water for industrial uses, as well as irrigation.

However, recycled water demand for industrial usages are highly dependent on the specific process and water quality needs, so projection of future industrial demands are particularly uncertain. The District is facing ongoing impacts to its potable and recycled water operations from climate change, extreme droughts, population growth, replacement water obligations, tightening water use standards, and other regulatory drivers and is looking for ways to optimize the beneficial use of its recycled water supply to help mitigate some of these challenges.

The District invited qualified engineering consultants to submit proposals to provide specialized planning services for its Citywide Recycled Water Conceptual Study, to help the District identify potential alternative options for the end-use of the District’s wastewater. The District is in pursuit of developing a focused vision for its recycled water future that maximizes the value and benefit to its water resources.

This study is intended to start with a broad view of what would be possible and beneficial and narrow the focus to a core set of viable alternatives that will be evaluated further in a subsequent Recycled Water Facilities Master Plan, which is anticipated to be grant funded. The planning horizon for this Recycled Water Conceptual Study will be 20 years into the future. The selected consultant’s scope will include the following major tasks. ➢Identify potential alternative options for end use of the District’s wastewater.

Alternatives should include the District’s current and potential future service objectives such as expanding the recycled water system throughout its service area. This expansion may involve pumps and/or sub-regional scalping (wastewater) treatment plants, direct potable reuse, and groundwater recharge.

The groundwater recharge could offset makeup water obligations from the Alto Subarea to the Centro Subarea of the adjudicated Mojave Basin. Unique solutions may be possible and should be considered.
➢Perform a high-level feasibility analysis of all alternative options. The feasibility analysis will identify drivers, conditions, triggers, and/or hurdles related to technical, legal, regulatory, financial, sustainability, natural resource, political and public acceptance constraints. This analysis will be used to identify the most feasible options and develop a decision-making roadmap. ➢Conduct a detailed evaluation of the most feasible options. The evaluations will identify recycled water yield, potential users, future flows, treatment requirements, anticipated regulatory requirements and infrastructure upgrades. Planning level cost estimates for each option, implementation plans, and preferred courses of action will be prepared.
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➢Prepare Citywide Recycled Water Technical Memorandum. The technical memorandum will be guided by City staff and partner / stakeholder comments.

The memorandum will include the following sections: an executive summary; recycled water supply and demands; regional recycled water resources; recycled water alternatives development and analysis; a concept alternatives summary with maps; next steps; conclusions; and recommendations.
➢State Water Resources Control Board Water Recycling Facilities Planning Grant.

On the District’s behalf, the consultant will prepare and submit the grant application, and if awarded, manage this planning grant. This grant would be used to fund a Recycled Water Facilities Master Plan which would be the next step after this study.

Discussion:

Engineering staff plans to use a qualified engineering consulting firm to perform this study.

Staff followed the formal RFP solicitation process for the award of a consultant/professional services contract based on competence in accordance with Victorville Municipal Code Section 2.28.280. Staff prepared a Request for Proposals (RFP) for the abovementioned services. On February 23, 2023, the “Citywide Recycled Water Conceptual Study” RFP was advertised on ebidoard and the City of Victorville website.

On March 2, 2023, three proposals were received from qualified engineering consulting firms as listed below:

1. Water Systems Consulting, Inc.

2. Woodard & Curran

3. David Evans & Associates, Inc.

The three engineering consulting firms listed above have performed well over the years for the City through other consultant/professional services contracts. Water Systems Consulting, Inc., was ranked the highest of the three proposals based on professional qualifications related to the required scope for this study. The selection committee consisted of members of Engineering and Water staff.

Staff recommends that the Victorville Water District Board approve the Consultant/Professional Services Provider Agreement with Water Systems Consulting, Inc., in an amount not to exceed of $198,570.00 for developing a Citywide Recycled Water Conceptual Study that maximizes the value and benefit of recycled water to its water resources.

Staff remains available for any questions the Board may have.

Attachments: A. Agreement

ATTACHMENT A

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

VICTORVILLE WATER DISTRICT
AND
WATER SYSTEMS CONSULTING, INC.

FOR

CITYWIDE RECYCLED WATER CONCEPTUAL STUDY,
PROJECT CC23-071

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California, hereinafter referred to as the “District”, and Water Systems Consulting, Inc., a California corporation, hereinafter referred to as “Consultant.” District and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECITALS:

WHEREAS, the District requires Consultant/Professional Services to provide Citywide Recycled Water Conceptual Study; and
WHEREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and WHEREAS, in light of the facts set forth above, the District desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, Citywide Recycled Water Conceptual Study; and

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 HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.

Section 2. SCOPE OF SERVICES
Consultant shall provide to the District those services set forth in the Proposal, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference. 1 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23- 071

Section 3. COMPENSATION
The District shall pay to Consultant a sum not to exceed One Hundred Ninety-eight Thousand Five Hundred Seventy and 00/100 Dollars ($198,570.00) for faithful performance of the services to be rendered under this Agreement, subject to the Cost Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to District; (iii) are supported by the appropriate receipts and other such documentation as the District shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any District policy governing same.

Section 4. COST PROPOSAL FORM
The District shall pay Consultant as provided in the Cost Proposal From, attached hereto as Exhibit “B”, and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the District detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the District approximately thirty (30) working days following receipt of Consultant’s invoice.

Section 5.

Section 6.

RESERVED

TERM OF AGREEMENT
This Agreement shall be for an Initial Term of Three (3) Years commencing on the date of full execution (the “Commencement Date”) and expiring Three (3) Years from the Commencement Date (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.

Section 7. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint ventures, or partner of the District. Nothing in this agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the District and Consultant or any employee or agent of Consultant. Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this agreement.
2 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23- 071

Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The District is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the District. (3) The services described in this Agreement can be performed without the use of District equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the District must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The District will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the District. b. The District represents and acknowledges the following:
(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. (2) The District will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement. Nothing contained in this Agreement shall prevent the District from hiring Consultant’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the District on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (5) Consultant is not required to devote full time to the business operations of the District in order to perform the services set forth in this Agreement. (6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on District-owned property.
(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Cost Proposal set forth in Exhibit B and any procedural 3 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23- 071

requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.

Section 9. NOT AGENT OF THE DISTRICT
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the District or Consultant or by any third person to create the relationship of principal and agent.
b. Consultant shall have no authority, express or implied, to act on behalf of the District in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the District to any obligation whatsoever.

Section 10. LICENSES AND PERMITS
Consultant represents that it has obtained and will maintain at all times during the Initial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.

Section 11. STANDARD OF PERFORMANCE; WARRANTY
a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Brian Gengler, City Engineer, or his designee. b.
performed;
provided;
By executing this Agreement, Consultant warrants that it:
(1)
(2)
(3)
Has thoroughly investigated and considered the services and work to be Has investigated the issues regarding the scope of services to be Has carefully considered how the services and related work should be Fully understands the facilities, difficulties and restrictions associated performed; and
(4)
with performance of the services required by this Agreement.

Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the District, Consultant shall immediately 4 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23- 071

inform the District of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Brian Gengler, City Engineer, or his designee.

Section 13. CONFLICTS OF INTEREST
Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the District determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the District Secretary’s Office pursuant to the written instructions provided by the District Secretary.

Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the District.

Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.

Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Commercial General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.

Section 16. WORKERS' COMPENSATION INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the District.
5 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23- 071

Section 17. PROFESSIONAL LIABILITY INSURANCE
Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided.

Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed to name the District, the City of Victorville, their officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the District Legal Counsel, as Additional Insureds.

Section 19. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies, with exception to Professional Liability, to waive all rights of subrogation against the District, the City of Victorville, and their officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED

ENDORSEMENTS
a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement. b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the District shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the District of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
e. The Commercial General Liability and Vehicle Liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Consultant’s coverage shall be primary with respect to the District. Any insurance maintained by the District shall be in excess of Consultant’s insurance and shall not contribute with it.” 6 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23- 071

Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.

Section 22.

Time is of the essence in the performance of this Agreement.

Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent

TIME OF THE ESSENCE
permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the District, its officers, employees, representatives, and agents (the “District Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the District (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the District Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the District Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.

Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the District Indemnitees. 7 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23- 071

c. The District does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the District, or the deposit with the District, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

Section 24. REPORTS
Upon request by Brian Gengler, City Engineer, or his designee, or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the District concerning Consultant's performance of the services required by this Agreement.

Section 25. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Brian Gengler, City Engineer, or his designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Brian Gengler, City Engineer, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Brian Gengler, City Engineer, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 26.

Section 27.

RESERVED
CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the District or prepared by Consultant for the District shall be kept strictly confidential unless otherwise provided by applicable law. All District data, documents and information shall be returned to the District upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of to Brian Gengler, City Engineer, or his designee, or as required by applicable law.
8 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23- 071

c. Consultant shall not disclose to any other entity or person any information regarding the activities of the District, except with the prior written approval of Brian Gengler, City Engineer, or his designee, or as required by applicable law. d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the District and shall be surrendered to the District upon the completion of Consultant’s services or when requested by Brian Gengler, City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the District without the permission of Consultant.
e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.

Section 28. PRINCIPAL REPRESENTATIVES
a. Laine Carlson, Vice President, is designated as the principal representative of Consultant for purposes of communicating with the District on any matter associated with the performance of the services set forth in this Agreement. b. Brian Gengler, City Engineer, or his designee, shall be the principal representative of the District for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term, the District may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the District to be necessary for the proper completion of Citywide Recycled Water Conceptual Study, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the District and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement. 9 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23- 071

c. No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit “B” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.

Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the District: Brian Gengler, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Laine Carlson, Vice President
Water Systems Consulting, Inc.
3602 Inland Empire Blvd., Suite C 230
Ontario, CA 91764
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 33. NON-LIABILITY OF DISTRICT OFFICERS AND

EMPLOYEES
No officer or employee of the District shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the District or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
10 C07o1nsultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23-

Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.

Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.

Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK
The performance of services by Consultant or the payment of money by the District shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the District, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.

Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. 11 C07o1nsultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23-

Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
12 C07o1nsultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23-

Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the District, until signed by the authorized representative(s) of Consultant, approved by the District’s Risk Manager, and executed by the authorized District personnel or Mayor.

Section 48. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (END OF THIS PAGE)
13 C07o1nsultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23-

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

VICTORVILLE WATER DISTRICT WATER SYSTEMS CONSULTING,
INC.

By:______________________________
Debra Jones,
By:__________________________
Laine Carlson,
District Chairman Vice President
Dated: ___________________________ Dated:_______________________ TTEST
By:_______________________________
Jennifer Thompson,
District Secretary
Dated:_____________________________

VICTORVILLE WATER DISTRICT APPROVED AS TO STANDARD
FORM:

By: _______________________________
Sandra Bostick,
By: __________________________
Andre de Bortnowsky,
District Risk Manager District Legal Counsel
Dated:_________________________ Dated:______________________ 14 C07o1nsultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23-

EXHIBIT A

SCOPE OF SERVICES
City agrees to engage Consultant and Consultant agrees to perform the services as generally described in the Request for Proposal for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the City Clerk; (ii) the prices set forth in Consultant’s Cost Proposal (attached as Exhibit "B"); and (iii) with the instructions of the City Engineer.

See Attachment
15 C07o1nsultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23-

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-071
2 Work Plan

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-071
Work Plan
Project Approach and Work Plan

1. Get all options on the map to
envision the full range of possibilities
WSC’s process supports defensible decision making to achieve reliable solutions for the District.

Engaging key stakeholders in the planning process will
incorporate the best ideas from staff and regional partners WSC has extensive experience developing and leading effective and engaging stakeholder meetings
for similar projects throughout California. WSC’s
approach to the stakeholder engagement process
has driven regional collaboration and transparency
around finding shared water supply solutions for
clients throughout California. Our approach has
helped generate support from client staff, elected
officials, regulators, and community members to move
recycled water projects forward.
into the process to inform the District’s decision making.

As part of the Kickoff Meeting, WSC proposes to lead an
interactive workshop to build a shared vision and define goals for recycled water program success among the District’s key internal stakeholders, including the City Manager,
Engineering, and Water Supply teams. By establishing these at the start of the project, they can be used to guide future discussions and keep the process on course.

Next, WSC will work with the District and its selected
partners, which may include VVWRA and Mojave Water
Agency (MWA), to conduct an Alternatives Development
Workshop to get all the ideas on the map. During this
process, we will leverage our deep familiarity of local opportunities and regulatory constraints to build on existing ideas and brainstorm new possibilities. Given the evolving population and growth trends, particularly following the pandemic, coupled with tightening regulations on water use, WSC recommends reevaluating prior wastewater generation projections. This will validate estimates of recycled water availability prior to the Alternatives Development Workshop, which may influence the opportunities considered.

The keys to successful stakeholder
engagement include:
y Relationships first
y Accessible communication, inclusive engagement
y Adaptable, innovative thinking
y Strong local understanding
y Build trust at every opportunity
When evaluating potential recycled water uses, regulations and the resulting treatment requirements are primary factors in identifying feasible uses. Other key factors that typically influence the cost effectiveness of recycled water projects are the proximity of sources to uses and the total volume of use, which can be constrained by seasonal use patterns. The table on the following page and subsequent map summarize the
range of potential recycled water use types that District may want to consider and some of the key considerations for each given the District’s local and regional context. We will explore these options and more at the Alternatives Development
Workshop and the result will be a comprehensive map of all of the District’s recycled water opportunities.

PROPRIETARY // Water Systems Consulting, Inc. CITYWIDE RECYCLED WATER CONCEPTUAL STUDY | 3

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-071

TYPE OF REUSE KEY CONSIDERATIONS
y The District currently disposes of excess recycled water though a disposal pond at VVWRA. This is not a beneficial use for the District, but discharging to the Mojave River may provide credit toward the District’s replacement water obligation to Centro Basin, which would provide a financial benefit to the District’s water operation.DISCHARGE

OR DISPOSAL
y Current tertiary treatment likely to meet discharge requirements. y The District currently serves recycled water at SCLA for irrigation, industrial use (HDPP and future Stratos Fuel facility) and dust control (when needed).
y The District could expand its recycled water irrigation system as described in the 2019 Draft SCLA Recycled Water Master Plan, but demands are limited and seasonal and this option may not be as cost effective as others due to pipeline extension needs. y Additional industrial recycled water users at SCLA are difficult to predict, but the District could be

NON-POTABLE
REUSE
opportunistic about supplying developments if water is available. y Large turf areas throughout the City could be irrigated with recycled water, such as the Greentree Gold Course and future sports fields. It will likely not be cost effective to convey water from SCLA throughout the City so a limited number of fields could be considered and/or a new subregional WWTP closer to more of the demand sites could be considered. y Current tertiary treatment is likely to meet the needs of most users, but some may need additional onsite treatment depending on their process.
y Groundwater recharge opportunities within the City have been evaluated in the past and MWA already operates multiple recharge facilities in the region and is planning more. The District could consider partnering with MWA to implement groundwater recharge at new or planned recharge sites, potentially including the White Road site that the City recently sold to MWA. y Depending on the location of viable recharge sites, it is likely not feasible to convey water from the SCLA WWTPs to a recharge site, so a new subregional WWTP closer to the recharge sites could be considered.

GROUNDWATER

RECHARGE

BY SURFACE
SPREADING y Proximity to potable wells must be considered to meet underground travel time requirements. y If the recycled water is blended with 80% imported water, tertiary treatment would be sufficient, but if blend water is not available, full advanced treatment (reverse osmosis and UV advanced oxidation) would be required, and brine disposal could be a challenge. y As part of HDPP’s cooling water operation, they previously used Aquifer Storage and Recovery (ASR) wells to store water in the groundwater basin and the City operated the wells on their behalf.

Their storage strategy has since changed and the wells are no longer in use. The District could consider partnering with HDPP to investigate converting those wells to recycled water injection wells for groundwater recharge. However, the District has experienced operational challenges with these wells in the past and may have concerns about future use.

GROUNDWATER

RECHARGE BY

SUBSURFACE
INJECTION y Proximity to potable wells must be considered to meet underground travel time requirements. y Full advanced treatment would be required for subsurface injection. y Direct potable reuse (DPR) requires full advanced treatment plus ozone and biologically activated filtration, then either blend it with other raw water sources (like imported water) to be treated at a surface water treatment plant, or blend it directly into the potable system with other groundwater sources. Since the District does not have a surface water treatment plant, the latter option (referred to as Treated Drinking Water Augmentation), would likely be the most applicable option.DIRECT

POTABLE REUSE

BY TREATED

DRINKING
y DPR is not yet permitted in California but the State is expected to have approved regulations by the end of 2023.WATER
AUGMENTATION y The District can consider transitioning to DPR at some point in the future if other options don’t provide sufficient benefits.

PROPRIETARY // Water Systems Consulting, Inc. CITYWIDE RECYCLED WATER CONCEPTUAL STUDY | 4

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-071
WSC will evaluate the range of potential recycled water use types available to the District, and focus on the best fit alternatives for further evaluation.

MWA Mojave River Pipeline VVWRA Discharge to Mojave River to meet the District’s make-up
obligation to CentroIWTP
We will take a broad look at
the possibilities and envision
it on a map. Then we will use
that map as a foundation
to narrow the focus of the
future Recycled Water
Percolation
Pond 14
Future 1MG
SCLA
RW Reservoir
Facilities Master Plan.

Elevated
RW Tank
5 Consider repurposing
HDPP injection wells for
groundwater recharge
Victorville
18 Direct potable reuse could
augment drinking water
supplies in the future 15
Irrigate golf course
and large fields
New subregional WWTP
closer to potential
recycled water uses
Groundwater
recharge upstream
of wells
Legend
Production Well
Pump Station
Recycled Water Pipelines
Surface Water Pipeline
River/Aqueduct/Wash
SCLA Limits
Recycled Water Reservoir
Disposal Pond
Wastewater Treatment Plant
Power Plant
VWD Boundary
PROPRIETARY // Water Systems Consulting, Inc. CITYWIDE RECYCLED WATER CONCEPTUAL STUDY | 5

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-071

2. Narrow the field to the best opportunities to
provide a clear path forward
This process will give the District clarity on the highest value options for the recycled water program and position you to take the next step toward optimizing the value of your water resource portfolio.

The Alternatives Development Workshop will
strategically focus on identifying all of the possible
recycled water options available. WSC’s deep
knowledge of local conditions and recycled water
regulations and our extensive experience helping
clients evaluate and implement all types of recycled
water programs gives us a powerful lens to help the
District quickly weed out lower benefit/higher cost
options and focus the analysis on a core set of the most advantageous concepts.

For the set of alternatives selected for preliminary evaluation, WSC will prepare maps and tables summarizing key information about each alternative, including:
y Description and location of potential use and;
y Preliminary estimate of volume that can be beneficially used; y Source of recycled water (IWWTP, VVWRA, or new sub
regional WWTP) and required treatment upgrades to
support the planned use (if any);
y Storage, pumping, and distribution infrastructure
requirements;
y Summary of anticipated regulatory requirements;
y Risk, uncertainties and additional evaluation needs;
y AACE Class 5 (concept level) cost estimates.

WSC’s team members have built a strong
understanding of current and upcoming
regulatory requirements through our work
on more than 20 recycled water projects.

WSC will work with the District to develop
a framework to evaluate the alternatives to
support prioritization of the most beneficial
options to be carried forward into the
Recycled Water Facilities Master Plan for
further evaluation.

The analysis will be documented in a
technical memorandum summarizing regional
recycled water resources, recycled water
alternatives development and analysis,
and recommendations. The writing style
will be clear, concise, and easy to read and
accompanied by explanatory graphics and
tables to reinforce understanding and provide
useful reference for subsequent use. WSC
will also prepare and deliver a presentation to
the City Council to share the results of the
Recycled Water Conceptual Study. It will
cover the alternatives development process,
an overview of each alternative evaluated and
recommendations for next steps.

WSC’s communications experts work with our project teams to envision and deliver work products that are reader friendly, accessible, and audience-focused. Through clear messaging and thoughtful design, our planning documents serve both technical and non-technical audiences.

To create a well organized document that is engaging and compelling, we integrate the following elements and approaches into our work products:
y Organization for clarity, with intuitive/assisted navigation y Clear and concise writing
y Use of explanatory graphics
y Effective communication of data
y Compelling Executives Summaries
This process will give the District clarity on
the highest value options for its recycled
water program and set you up to take the
next step along the path to optimizing the
value of your water resource portfolio.

PROPRIETARY // Water Systems Consulting, Inc. CITYWIDE RECYCLED WATER CONCEPTUAL STUDY | 6

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-071
Recycled Water Conceptual Study

3. Right size this study to meet near-term
goals while maximizing long-term value
The level of detail for this Study
will be kept at a preliminary level
to achieve the critical near-term
clarity while leveraging grant funds
to complete future work.

Project Meetings & Alternatives Recycled Water SWRCB WaterData Management Workshops Development Conceptual TM Recycling FacilitiesCollection Planning Grant
The City’s short-term goal is to gain increased clarity on the most advantageous options for its recycled
water program to better define the path forward. As
a next step, the City has the opportunity to use grant
funds to help prepare a Recycled Water Facilities
Master Plan that will provide a more in-depth
analysis, get to decisions on the specific project(s)
that the District will implement, and define a detailed
implementation plan for each. In the context of these
goals, the level of detail for this Study will be kept at a preliminary level to achieve the critical near-term
clarity while leveraging grant funds to complete future work.
$

WORK ELEMENTS
 Project Administration
 Invoices
 Kickoff Meeting
 Partners' Kickoff Meeting
 Collect and review
documentation of
existing facilities
 Cost and benefit analysis for top  Prepare a draft, draft final, and final Recycled Water
Concept TM
 Manage the Planning Grant
application through the
SWRCB process
 Support with execution and
addressing comments if the
grant is awarded
five alternatives selected
 Prepare explanatory maps
and summary tables for each
alternative
 Monthly Progress Reports
As-needed outreach to
 Alternatives Development


Collect water use records
Review of sewer model
and recycled water model
 City council presentationWorkshop
District staff to obtain staff
knowledge through phone calls,
memorandums, and presentations.
 Alternatives Review Workshop
The tasks included in the scope of work are
summarized in the following work plan graphic,
including the addition of the City council presentation that the District confirmed in Addendum #1.
 Infrastructure analysis Draft Recycled Water Concept  Assist City with preparing Planning Grant application
 Collect potential RW
customer data


Regulatory requirement analysis
Estimated Project Costs
TM Review Meeting
 Progress and Coordination
Meetings
To maintain momentum and continuity between
the Study and the subsequent Recycled Water
Facilities Master Plan, WSC recommends starting
the grant application at the beginning of this project
and pursuing the grant in parallel. WSC will assist the District in preparing an application for the SWRCB
Recycled Water Facilities Planning Grant. Our team
will manage the planning grant application through
the SWRCB process and submit the completed
planning grant application to the SWRCB on behalf
of the District. WSC has prepared many successful
applications for this program and anticipates the
District will have a high chance of securing funds
from this program, which provides up to $500,000.

These grants typically take nine to 12 months between
application and award so starting at the beginning of
this process will enable the District to move directly
into the next phase after this Study is complete, if
desired.

KEY OUTCOMES
Close coordination with
Victorville staff
Define goals and objectives
of the project, develop
Data available to Develop and select
alternatives
Next Steps for Regional
RW Program (Mojave
Basin One Water)
Grant money awarded to help
offset costsdevelop alternatives
alternatives, and review of TM

DELIVERABLES
Invoice and Meeting agendas
and minutes
Data request and log TM detailing all concepts
and a cost and benefit
analysis for the top five
selected
Draft, Draft Final, and Final
Recycled Water Concept TM
Grant application
progress reports
City council presentation
PROPRIETARY // Water Systems Consulting, Inc. CITYWIDE RECYCLED WATER CONCEPTUAL STUDY | 7

EXHIBIT B

COST PROSAL FORM
See Attachment
22 C07o1nsultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23-

EXHIBIT B, COST PROPOSAL FORM, PROJECT CC23-071
23/Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23-071

EXHIBIT B, COST PROPOSAL FORM, PROJECT CC23-071
24/Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project CC23-071 Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: May 16, 2023
Submitted By:

Joe Slegers, Building Official

Subject:

Department of Transportation Charging and Fueling Infrastructure Discretionary Grant Program
Recommendation:

That the City Council adopt Resolution No. 23-035 (Attachment A) approving the grant application for the Department of Transportation Charging and Fueling Infrastructure Discretionary Grant Program and authorizing the City Manager or his designee to process all documents required for program administration associated with the grant.

Fiscal Impact:

There is no fiscal impact associated with the staff recommendation. If the City is successful in obtaining an award of grant funds in the requested amount of $714,411.12 from the Department of Transportation Charging and Fueling Infrastructure Discretionary Grant Program, a 20% match would be required. A summary of anticipated project expenses is outlined below.

Description Cost
BEAM EV ARC Quote $561,830.82
Estimated ADA Improvements $250,000.00
Subtotal $811,830.82
Contingency (10%) $81,183.08
Project Total $893,013.90
Grant Contribution (80%) $714,411.12
City’s Obligation (20%) $178,602.78
Staff are including a request for $180,000.00 from the General Fund in the Fiscal Year 2023/2024 proposed budget to cover the anticipated match. In the event that the City is not awarded the grant funding, staff will use the $180,000.00 to purchase and install one BEAM EV ARC at a City facility.
3 1
2 0
Strategic Plan Goal:

Goal E, Invest in Infrastructure - Create a healthy and livable community by maintaining the city's assets through investment in infrastructure and innovations. This grant opportunity will allow the City to install its first EV charging stations which would be accessible for public use free of charge.

Background:

The Charging and Fueling Infrastructure Discretionary Grant Program (CFI Program), under the Infrastructure Investment and Jobs Act, is accepting applications for grants totaling up to $700 million. The $700 million is divided into two separate grant categories:
(1) up to $350 million for the Community Charging and Fueling Program Grants (Community Program), to strategically deploy electric vehicle (EV) charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure located on public roads or in other publicly accessible locations; and (2) up to $350 million for the Alternative Fuel Corridor Grants (Corridor Program), to strategically deploy charging and alternative fueling infrastructure located along designated alternative fuel corridors.

The goal of the CFI Program is to accelerate an electrified and alternative fuel transportation system that is convenient, affordable, reliable, equitable, accessible, and safe. The CFI Program is expected to help put the U.S. on a path to a nationwide network of at least 500,000 EV chargers by 2030 and improve networks for vehicles using hydrogen, propane, and natural gas.

The CFI Program builds on the Federal Highway Administration (FHWA) Alternative Fuel Corridor (AFC) program and complements the National Electric Vehicle Infrastructure (NEVI) Formula program, which is initially focused on enabling long distance trips along the National Highway System (NHS). The goals of the CFI Program are to 1) supplement, not supplant, necessary private sector investment; 2) complement existing Federal programs; 3) facilitate broad public access to a national charging and alternative fuel infrastructure network to accelerate adoption of zero emissions vehicles; 4) implement Justice40 objectives, lower transportation costs, and increase economic opportunity; 5) advance job quality, workforce development, and workforce equity; and 6) reduce greenhouse gas and vehicle-related emissions. By encouraging the adoption and expansion in use of alternative fuels, CFI Program investments have the potential to significantly address the transportation sector’s outsized contributions to climate change.

The CFI Program will remain active for five years. This first round of funding, for fiscal year 2023-2024 has a pool of $700 million. In each of the remaining four years, there will be an additional $500 million available for award. In future years, staff plans to continue with projects that reduce energy consumption and invest in renewable energy, and will continue to pursue CFI Program funds for larger projects of higher complexity.

Key elements of projects funded by the CFI Program are as follows:
3 1
2 0
•Located on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity. •Must be publicly accessible.
•May use funds to contract with a private entity.
•Minimum award amount of $500,000, maximum award amount of $15 million. •A 20% matching contribution is required.
•Expected to reduce greenhouse gas emissions and to expand or fill gaps in access to publicly accessible infrastructure.
•Must be accessible to and usable by individuals with disabilities.

Discussion:

Staff have researched the many different options as it pertains to EV charging for City facilities and have identified the BEAM EV ARC units as the only 100% renewable charging system on the market. This solar unit generates and stores its own electricity and tracks the sun to generate up to 25% more energy. Battery storage allows charging during the night, inclement weather, and power outages. Additionally, the unit fits inside a standard parking space and vehicles easily park on the base pad. Each BEAM EV ARC unit has the potential of charging up to six electric vehicles at a time with Type 2 EV chargers. Another benefit of the BEAM EV ARC is that it requires no infrastructure. Thus, there are no costs associated with permitting, construction, or utility bills. The unit is also transportable. If the City discovers there to be a stronger need for EV Charging at another location, the units can be relocated to that area. Product data has been included as Attachment B. Because of these unique attributes, staff are planning to purchase the BEAM EV ARC charging units under a sole source justification (Attachment C).

Staff have met with BEAM and created a plan to install six BEAM EV ARC units at five city facilities. City Hall will have two units with six chargers each. This site will include two dedicated ADA accessible EV charging stalls. Hook Park, Sunset Ridge Park, the Library, and the Transportation Center will each have one unit with three chargers each. Each site will have one charger dedicated with an ADA accessible parking stall. Included in this project are funds to address various ADA barriers identified for correction in the parking lots and paths of travel at each site.

Staff received a budgetary quote of $561,830.82 for the purchase of six BEAM EV ARC units (Attachment D). The cost for ADA improvements at all sites is estimated at $250,000.00. The Department of Transportation Charging and Fueling Infrastructure Discretionary Grant Program allows for 10% contingency, or $81,183.08, to be budgeted.

The City is required to match 20% of the total project cost; therefore, staff plan to request $180,000.00 from the General Fund in the upcoming Fiscal Year 2023/2024 proposed budget to cover the City’s matching obligation. In the event that the City is not awarded the grant funding, staff will use the $180,000.00 to purchase and install one BEAM EV ARC at a city facility. Preliminary research is indicating that the best location for the installation would be the City Hall customer parking lot. 3 1
2 0
Because of the key features of the BEAM EV ARC charging units and the City’s dedication to improving the ADA accessibility at each site to meet the desired project criteria of the CFI Program, staff are optimistic the City will establish a competitive rating on the grant application. Upon Council approval, staff will proceed with finalizing documents for the submittal of the grant application prior to the May 30, 2023, deadline per the Notice of Funding Opportunity (Attachment E).

Staff is available for any questions the Council may have.

Attachments: A. Resolution 23-035
B. BEAM EV ARC Brochure
C. Sole Source Form
D. BEAM EV ARC Quote
E. Notice of Funding Opportunity

Attachment
A

RESOLUTION NO. 23-035

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, AUTHORIZING THE GRANT

APPLICATION, ACCEPTANCE AND EXECUTION OF THE
GRANT
TRANSPORTATION’S
INFRASTRUCTURE DISCRETIONARY GRANT.

FUNDS FROM THE DEPARTMENT OF

CHARGING AND FUELING
WHEREAS, the U.S. Department of Transportation, Federal Highway Administration provided funds for the program shown above under the Infrastructure Investment and Jobs Act; and
WHEREAS, $700 million in federal funding has been made available to provide grants to eligible entities to strategically deploy publicly accessible EV charging infrastructure in certain locations that will be accessible to all drivers of EV vehicles; and WHEREAS, if the City of Victorville (“City”) is selected for funding, will enter into an agreement with the U.S. Department of Transportation to carry out the project; and WHEREAS, the City is committed to providing publicly accessible EV charging infrastructure for Victorville residents; and
WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the U.S. Department of Transportation; and WHEREAS, The City intends to apply for grant funding from the U.S. Department of Transportation to deploy publicly accessible EV charging stations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That pursuant and subject to all of the terms and provisions of Infrastructure Investment and Jobs Act, the City of Victorville City Manager or designee, is hereby authorized and directed to prepare and file an application for funding with the U.S. Department of Transportation (attached hereto and incorporated by this reference as Exhibit A) and take such other actions necessary or appropriate to obtain grant funding.

Section 2. The City of Victorville City Manager or designee, is hereby authorized and directed to execute the funding agreement with the U.S. Department of Transportation and any amendments thereto.

Section 3. The City of Victorville City Manager or designee, is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.

Section 4. The City of Victorville certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA) legal requirements for building codes, health and

safety codes, the California Labor Code, disabled access laws, applicable federal laws and statutes, and, that prior to commencement of the project, all applicable permits will have been obtained; and,
Section 5. The recitals set forth above are true and correct and are hereby incorporated in their entirety as part of this Resolution by this reference.

Section 6. The City Manager or his designee is authorized and directed to apply for the Infrastructure Investment and Jobs Act grant opportunity and execute all documents associated with the grant application.

Section 7.

Section 8.

The City Clerk shall certify to the adoption of this Resolution.

This Resolution shall take effect immediately upon its adoption.

Exhibit A

U.S Department of Transportation’s Charging and Fueling Infrastructure Discretionary Grant Opportunity
Notice of Funding Opportunity Number 693JJ323NF00004
May 9th, 2023
1 TABLE OF CONTENTS
i. Project Narrative 3-4
5-13ii.
iii.
iv.
v.

Budget Information: Grant Funds, Sources, and Uses of All Project Funding Project Merit Criteria
Project Readiness and Environmental Risk
Attachments
14-17
18-19
20-24
25vi. Works Cited
2 i. Project Narrative
The City of Victorville is a small city that is located in San Bernardino County, nearly 100 miles northeast of Los Angeles. The city has a population of 138,399 and is the 42nd largest city in California. Victorville is currently growing at a rate of 0.9% annually (Victorville, 2023). With the increase in population comes a growing need to find environmentally friendly solutions to assist the members in our community. The top environmental solution is currently found through electric vehicles. More and more individuals are purchasing electric vehicles, this in turn brings a growing need for electric car chargers to support environmental change.

While the City of Victorville is steadily growing, it is still amongst the disadvantaged communities throughout the United States. While there is a need for electric vehicle chargers, there have been challenges in securing funding for such a project. In 2021, The Biden-Harris Administration created the Justice40 to assist disadvantaged communities that are most impacted by climate change, pollution, and environmental hazards. The U.S. Department of Transportation (DOT) along with the National Electric Vehicle Infrastructure Formula Program (NEVI), have worked together to ensure investments in the electric vehicle charging benefit disadvantaged communities like the City of Victorville (Argonne National Laboratory).

Through the Charging and Fueling Infrastructure Discretionary Grant Opportunity, the City of Victorville will be able to move forward with implementation of additional electric vehicle chargers throughout the city. This project will assist the City of Victorville in focusing on rural area charging and fueling solutions. After much research, there are five locations throughout the City of Victorville that would be ideal for the charging stations. The locations are as follows:

Victorville City Hall, Sunset Ridge Park, the Library, Hook Park, and the Transportation Center (Maps are attached).

When considering the locations best suited for this project, it was of great importance that the locations met the highest level of standards. Each location was sent to BEAM Global to be pre- approved through a site selection process. All locations provide infrastructure that is publicly accessible for all charging stations. All the locations specified support multipurpose use, including single occupancy vehicles, medium duty vehicles and fleets, shared vehicles, and taxi or other service vehicles throughout the community. Each location is easily accessible to members of the community as well as those passing through. They are all located in areas that are free of charge to enter and will not be charged a fee to be utilized.

Staff researched many electric vehicle charging stations and found BEAM Global to have the product that meets the needs of the city along with the qualifications for the grant program. The BEAM EV Arc is re-locatable and does not require any new construction to be completed before use. There is no additional work to be done to the existing facilities. The travel of the public will not be impacted due to the completion of this project. Staff has been able to successfully mitigate any safety risks that could potentially arise during the project. Traffic from vehicles entering and leaving each site will remain the same as it currently is. Signs are posted at each location that specify the direction for entrance and exit, along with arrows painted on the street. Each of these locations are pre-existing and have not experienced any safety issues throughout any of the parking lots. The EV Arc charging stations will be placed in the pre-existing parking spots at each location.
3 The City of Victorville completed the site selection in compliance with the Americans with Disabilities Act of 1990 (Americans with disabilities act of 1990). When selecting the EV ARC, a key feature of the units was the ADA accessibility of the product. The city is very dedicated to improving the ADA accessibility at each site and has ensured that the design meets the desired criteria of the CFI Program. The EV Arc is ADA compliant and can be placed adjacent to a van accessible ADA parking spot. Height and placement of the EV charger mounting arms are specifically designed for ADA compliance. Each location will be designed as follows; Victorville City Hall will include two dedicated ADA accessible EV charging stalls. Hook Park, Sunset Ridge Park, the Library, and Transportation Center will have one unit each that includes three chargers.

Each site will have one dedicated ADA accessible parking stall. Included in this project are various ADA barriers that will be addressed in the parking lots and paths of travel at each site.

Completion of this project will support The United States Department of Transportation National Roadway Safety Strategy (NRSS). Implementation of the EV Charging Stations throughout the city will align with the outline of the Safe System Approach. This comprehensive approach will not only build but help reinforce the theory, that safer vehicles will minimize the impact of crashes ((National roadway safety strategy). The decrease in crashes will significantly reduce serious injuries and deaths on our Nation’s highways, roads, and streets. Installation of more easily accessible EV charging stations is the first step that can be taken in working toward the NRSS ambitious long-term goal of reaching zero roadway fatalities (National roadway safety strategy) The more accessibility the community has to chargers, the greater the support will be for electric vehicles themselves.

By strategically placing the EV Arc’s throughout the city, more members of the community will have access to this service. Members of the community will have an opportunity for free charging services through expanding access to publicly accessible infrastructure. The EV Arc charging station will assist in reducing greenhouse gas emissions as well. Currently, there is a limited number of electric vehicles charging stations throughout the City of Victorville. This project will allow for the city to install an adequate number of chargers to fulfill the needs of the community.

Funds for this project will be spent towards the site work and the equipment. The estimated amount for each category is $250,000.00 for the site work and $561,830.82 for the equipment costs. There will be expected contingencies in the amount of $81,183.08. With a total project cost of $893,013.90. The expected federal assistance requested is $714,411.12. There will be no operating subsidies through the EV charging infrastructure. The charging stations will be available to the public free of charge.

The focus area of this project will be rural area charging and fueling solutions. Throughout the community, there are many environmental challenges as well as a lack of electric vehicle charging options. This project will provide transportation solutions to many members of the community. The convenient location of the chargers will allow for a wide range of users. Overall, reducing emissions and improving the environment.
4 ii. Budget Information: Grant Funds, Sources and Uses of All Project Funding 5 0MB Number: 4040-0004
Expiration Date: 11/30/2025
Application for Federal Assistance Sꢀꢁ24
I I• 1. Type of Submission: • 2. Type of Application: * If Revision, select appropriate letter(s):

I ID
D
Preapplication x0New
D Continuation * Other (Specify):Application
I lD Changed/Corrected Application D Revision
* 3. Date Received: 4. Applicant Identifier:

I I ICompleted by Grants.gov upon submission.I
5a. Federal Entity Identifier: 5b. Federal Award Identifier:

I I I I
State Use Only:

17.State Application Identifier:I I I I6. Date Received by State:

8. APPLICANT INFORMATION:

I I* a. Legal Name: City of V i c t o r v i l l e
* b. Employer/Taxpayer Identification Number (EIN/TIN): • C. UEI:

S B 1 R G M J 5 U 1 M 7I I I I95-2235918
d. Address:

I I1 4 3 4 3 C i v i c D r .

V i c t o r v i l l e
* Street1:

I IStreet2:
lI* City:

I I
I
County/Parish:
* State: I IC A
IProvince:
* Country:
* Zip / Postal Code:
iusA: UNITED STATES
I I
e. Organizational Unit:

Department Name: Division Name:

II I ICommunity Services Facilities
f. Name and contact information of person to be contacted on matters involving this application:

I I I IEddiePrefix: * First Name:

IIMiddle Name:
* Last Name:

Suffix:

I IGleason
I II Facilities Manager ITitle:

Organizational Affiliation:

I
I (760) 955-5256 II I(760) 955-3861* Telephone Number: Fax Number:

I [email protected]* Email:
6 City or Township Government
DOT Federal Highway Administration

20.205
Highway Planning and Construction
693JJ323NF00004
Charging and Fueling Infrastructure (CFI) Discretionary Grant Program The City of Victorville
Installation of solar powered EV charging units and associated ADA improvements. 7 CA-023 CA-023
07/01/23 06/30/24
$714,411.12
$178,602.78
$893,013.90
x
x
Jenele
Davidson
Deputy City Manager
(760)243-6343
[email protected]
8 693JJ323NF00004

20.205
City of Victorville
Installation of solar powered EV charging system and associated ADA improvements.

The City of Victorville will purchase six (6) solar-powered EV charging units and install them at five (5) city-owened facilities. Victorville City Hall will have two solar-powered EV charging unites with (6), type 2 chargers each. This site will include two dedicated ADA accessible EV charging stalls. Hook Park, Sunset Ridge Park, the City Library, and Victorville Transportation Center will have one solar- powered EV charging units each that includes three (3) , type 2 chargers. Each of these sites will include one dedicated ADA accessible parking stall. Additionally, each site has its own unique ADA compliance barriers. These barriers range from excessive parking lot sloping to the absence of ADA accessible ramps. The City of Victorville has included in this application, allocations for ADA improvements at all five (5) EV charging locations.
9 City of Victorville
Jenele
Davidson
Deputy City Manager
10 11

Deputy City Manager
City of Victorville
12 $250,000.00 $250,000.00
$561,830.82 $561,830.82
$811,830.82$811,830.82
$81,183.08
$893,013.90
$81,183.08
$893,013.90
$893,013.90 $893,013.90
$714,411.1280
13 iii. Project Merit Criteria

1. Safety
Communities like Victorville are ideal locations for off-grid EV charging systems and will allow us to rapidly deploy EV charging without disrupting business operations or incurring construction costs. The solar chargers are deployed rapidly with no disruption to fragile environments, strained grid areas and rural locations. These systems are easy to deploy in “charging deserts” and are rapidly deployed for fast impact.

SAFETY HIGHLIGHTS OF THE EV ARC™
(1) Provide positive safety benefits for all users: In addition to providing 100% renewably powered EV charging in the community, the solar chargers have the added benefit of serving the community with energy security, energy resiliency and emergency preparedness capabilities. They are off-grid and solar-powered so will secure energy supply by continuing to function in gird outages that have occurred more frequently in our communities. It includes an Emergency Power Panel that can provide vital electricity to the local communities and to first responders in emergencies, disasters and power outages. It also has an energy efficient LED night light that can provide safety lighting at night.
(2) Does not negatively impact safety for all users: Deploying EV ARCs requires no construction, no trenching or shoring, no electrical work and hence poses no safety concerns associated with larger construction projects (no risk of fossil fuel fumes from heavy equipment operating in the chosen communities, no confusing detour routes which can be a hazard, no unsafe dust from construction that can harm residents with respiratory disorders). All these health and safety concerns are avoided, causing no negative impact on the safety for users and the community. It fits in the size of a standard parking space without reducing available parking, so has no negative impact to roadways. (3) Promote safety through design: Benefits noted above are the result of the EV ARC’s safety design features which integrate an energy efficient LED night light, an Emergency Power Panel, battery storage to act and an energy security and resiliency system and is wind-rated to 125 mph and flood proof to 9.5’, allowing vital energy creation and storage in extreme conditions.

2. Climate Change, Resilience, and sustainability
By purchasing and installing solar-powered EV charging units for our disadvantaged community, the City of Victorville is promoting our commitment to reducing greenhouse gas emissions in the transportation sector. Moreover, since the units are solar-powered, they do not rely on electricity generated by utility companies from sources such as natural gas, hydro, nuclear, and other fuel sources. The electricity produced is clean and renewable, reducing 100% of greenhouse gas emissions from internal combustion engine vehicles and electric vehicles powered from the utility grid. Also, the solar-powered EV charging units conform to the Federal Flood Risk Mitigation Standard. The resilience of the unit is demonstrated by the design to withstand flood 14 waters of up to 9.5 feet. The solar powered EV Charging units are relocatable. In the event of a natural disaster, these units can be relocated to support charging in a location directly impacted by a catastrophic event.

Solar plus battery storage delivers energy during grid outages, emergencies, nighttime, and inclement weather for ultimate resiliency. In our community we are committed to sustainable solutions and are striving to lessen our environmental impacts by reducing waste, expanding recycling, and lowering emissions. These solar EV ARC chargers will further these efforts in measurable and meaningful ways.

The solution we have identified is resilient in every sense of the word. This hardened asset can not only provide clean day to day charging for our operations vehicles but will also, unlike grid- tied charging solutions, aid in the response to extreme weather events that can cause grid failure.

Particularly during disaster mitigation and response efforts, our identified solar solution could power internet and other communication devices, lighting, field operations and medical devices.

This equipment has been successfully tested in disaster preparedness field training exercises. As communities like ours plan to upgrade their grids to be weather resilient, our identified solar solution can provide immediate relief. Even more, as long-term climate conditions change, this versatile technology will be ready to respond. Off-grid solar infrastructure is an essential tool to help our community reach our climate resiliency goals and best provide disaster mitigation efforts.

There is no electrical infrastructure needed to support the EV ARC, thus there is no environmental disturbance or construction associated with this project. The adverse environmental impacts to the water quality, wetlands, and endangered species are zero.

Furthermore, the unit footprint is 230 square feet and per the California Environmental Quality Act (CEQA), the project does not require an environmental impact study.

GREENHOUSE GAS EMISSIONS METRICS AND CLIMATE CHANGE METRICS:
• 61% of EV charging from the US grid is fossil-fuel sourced. The EV ARC removes 100% of this CO2 source. EVs are a good step, but driving on pure solar eliminates this 61%, to achieve truly ZERO-emissions driving
• Each EV ARC can remove up to 12 metric tons of CO2 per year • These systems track the amount of energy saved so we can see the results • The EV ARC includes sun tracking to produce up to 25% more solar energy in a day when compared to stationary solar arrays
• Available EV charging will promote adoption of EVs in these communities. • Energy resilience in climate change disasters: Flood proof to 9.5’ and wind-rated to 125 mph

3. Equity, Community Engagement and Justice40
Analysis of the DOT’s Transportation Disadvantaged Census Tracts website confirms that this project will positively impact and remove transportation related disparities, particularly the lack of EV charging, to all populations within the City of Victorville. According to the website, nine 15 out of twelve (75%) of Victorville tracts are disadvantaged. The EV ARC units are strategically located at city-owned facilities to serve 83% of these disadvantaged tracts. Furthermore, all population in the area will have 24/7 access to charge their vehicles. The City of Victorville will offer free charging at all locations in order to increase affordable transportation options, connect Americans to good-paying jobs, and improve access to resources and the quality of life. Free public charging will also enable all people within the multimodal transportation networks to reach their desired destination affordably and within a comparable level of efficiency and ease.

The solar chargers we are including in our submission are already used today in disadvantaged communities, community engagement programs, beautification programs, and more. The charging infrastructure can fit in a standard parking space without reducing available parking, requires no construction resulting in no community disruption, is highly visible for community messaging and can reach up to 10 parking spaces providing broad access.

Exposure to environmental harm is inequitably distributed with unfair exposure of disadvantaged and marginalized communities, often situated in polluted areas with aging infrastructure or even environmental hazards. Each of these solar chargers slated for this project can reduce CO2 in the immediate community, is deployed without construction/digging which can release toxins, is deployed without destroying environmentally fragile spaces like parks, open spaces—thus preserving these communities which are often treated inequitably.

Gas-powered cars have a higher maintenance cost than EVs, costs that hit disadvantaged communities particularly hard; one repair cost can impact a family’s ability to pay the rent or put food on the table. EVs have a lower cost of ownership and to help disadvantaged communities access these lower cost-of-ownership vehicles, we are providing publicly accessible solar powered charging free. These solar chargers will increase affordable transportation options for our community, improve safety, and create access to resources and quality of life.

This solution remains off-grid for no grid strain to underserved areas that are often the first to go offline in disasters, and the last to come back online. The solar powered systems are off grid and have battery storage so can still charge community EVs during grid outages. They can also serve as emergency power for first responders in emergencies that cause grid outages.

Remote and rural locations that do not have electrical circuitry cannot deploy grid-tied charging—areas called “charging deserts” where it is prohibitively expensive, impossible, or ecologically unsound to develop—are perfect locations for EV ARCs which are deployed rapidly with no disruption to fragile environments, strained grid areas and rural locations. They are ADA Compliant and can be placed adjacent to a Van Accessible ADA parking space. The height and placement of these systems’ mounting arms are designed for ADA compliance.

4. Workforce Development, Job Quality, and Wealth Creation We strive to promote investments in high-quality workforce development programs with supportive services to help train, place, and retain people in good-paying jobs. The EV ARC is Manufactured in the U.S. and provides clean technology jobs. The manufacturer, Beam Global, uses cross-training for their manufacturing work force to ensure their employees gain new skills and broaden their skillset; their philosophy is to foster quality career jobs, not hourly low-skilled labor. This is a rapidly expanding business, which is consistently hiring more workers so ordering 16 systems from this company support job growth as the company expands their manufacturing facilities and shifts. Beam proudly seeks to employ combat veterans, disabled workers, and other highly motivated individuals from all walks of life with no limitations of gender or color.

5. CFI Program Vision
EV ARC chargers will be publicly accessible, with no fee required to access that location. We plan to equitably expand the deployment of public EV charging infrastructure in publicly accessible locations for use by our community, including but not limited to local businesses; retail centers; municipal and local community sites; multiunit dwellings, workplaces, commercial districts, tourism destinations and cultural sites; public parks and recreational destinations, and other frequented site host locations in our local community. Additionally, we will provide convenient, affordable access to charging and alternative fuel infrastructure to offer urban/suburban area charging and fueling solutions and support multi-purpose use to offer rural area charging and fueling solutions. The EV ARC system is mobile, allowing for rapid and easy dual-purpose deployment. This solution would greatly benefit our community because of its high cost- effectiveness, where two essential needs can be fulfilled with one product.

As we look for tools in the fight for climate resiliency, public charging, community engagement and to provide disaster mitigation, off-grid solar infrastructure is a versatile, flexible, and reliable solution to a multitude of problems. Off-grid solar infrastructure is an essential tool to help our community reach our climate resiliency goals, best provide disaster mitigation efforts, and allow publicly accessible charging to get people on the road safely, and faster. 17 iv. Project Readiness and Environmental Risk
This project will include the installation of six (6) Beam Ev ArcTM Self-Contained Type 2 electric vehicle chargers at five different City-owned locations. The installations do not require any additional electrical infrastructure to be installed as the units provide their own solar power by way of a rotating array of solar panels that are positioned on top of the unit. This eliminates the need for added circuits, conduits, wiring, etc. In all cases, the only site modifications that will be required are those that are necessary to ensure that each site meets the minimum requirements of the Americans with Disabilities Act as well as the applicable accessibility provisions of the California Building Code. The scope of work will include the installation of accessible stalls, associated unloading aisles, accessible routes to building entrances, striping and signage to provide a fully compliant installation. Because these are the only site modifications that will be necessary to accommodate these transportable units, the installation can be completed quickly once the funds are received and the project is approved by City Council. The following should further clarify the scope:
• No utility infrastructure required (units are self-powered). • Each unit is capable of up to 43 kilowatt hours of storage. • All units will be placed on parcels currently owned or controlled by the City of Victorville and no right-of-way acquisition will be necessary.
• Site improvements will be included to ensure that all placed units meet accessibility regulations.
• This project is supported by the goals of San Bernardino County Transit Authority’s Greenhouse Gas Reduction Plan as well as the City’s General Plan and Civic Center Community Sustainability Specific Plan, which identify specific measures promoting the use of electric vehicles and solar power generation.
• Because of the minor scope and the portable, non-invasive nature of the equipment, the City of Victorville's Planning Department has indicated that land use entitlements will not be required for these installations. This approach also aligns with the allowances of AB 1236. • It is anticipated that each site will require some asphalt repair and preparation in order to receive the units and that trees in the vicinity may require removal in order to maximize the ability of the units to capture sunlight, however no other risks are anticipated or expected. • Project scope will be limited in each instance to preparation and set down of the unit, and any modifications to ensure ADA compliance. No other modifications are anticipated to be necessary.
• In all cases, the units will be located in a public parking location where visitors to the site are encouraged to park their electric vehicles.
• All requirements of Title 23 of the Code of Federal Regulations Part 680 will be strictly adhered to in all subsequent phases of this project, including requirements relating to procurement transparency, power delivery, accessibility, and data protection. • City staff has already met with Beam staff to discuss purchase options and pricing. 18 • Because of the simplicity of installation with this particular product, we anticipate that the units and required ADA site improvements could be installed within 6 months of receipt of funding.
19 Maybe remove
these tree.

Parking lot is flat so
unit can actually go
anywhere
20 Cut down this tree
Maybe this tree too
21 Cut down these
trees
22 23

24 Works Cited
Americans with disabilities act of 1990, as amended. ADA.gov. (n.d.). https://www.ada.gov/law- and-regs/ada/
Argonne National Laboratory. Electric Vehicle Charging Equity Considerations. (n.d.). https://www.anl.gov/esia/electric-vehicle-charging-equity-considerations National roadway safety strategy. U.S. Department of Transportation. (n.d.). http://www.transportation.gov/NRSS
Victorville, California Population. Victorville, California population 2023. (n.d.). https://worldpopulationreview.com/us-cities/victorville-ca-population 25 Attachment
C

Attachment
D
BeamForAll.com
[email protected]
+1 858-799-4583
Beam Global
5660 Eastgate Drive
San Diego, CA 92121

Your EV ARC™ 2020 is an American-made product and will be fabricated in our San Diego, California facility.

EV ARC™ 2020 systems are capable of generating and storing enough clean, solar electricity to charge up to 265 e miles in a single day. Thanks to its battery storage, it can charge electric vehicles day or night, or even during periods of cloudiness, and is also an excellent source of emergency/alternative power. The electricity produced is clean and renewable, reducing 100% of greenhouse gas emissions from ICE vehicles and electric vehicles powered from the utility grid.

The EV ARC™ 2020 is deployed in minutes and has not required any kind of permitting in the over 100 jurisdictions which are currently benefitting from it. It is deployed without any construction or electrical work and does not require civil or electrical engineering, foundations, trenching, electrical connections or upgrades. It will produce energy reliably and consistently but will not generate a utility bill or fail to operate because of a black out or other utility grid failure. It’s no wonder that Google, the City of New York, the State of California and many others across the U.S. and internationally trust the EV ARC™ product line to charge their electric vehicles.

The patented EV ARC™ 2020 is the world’s first and only fully autonomous, transportable, solar-powered electric vehicle charging system.

Designed, engineered and manufactured in the U.S., the EV ARC™ 2020 measures 7.5' X 18' at the base and fits inside a standard parking space without reducing available parking while being ADA compliant.

EV ARC 2020 Product Description™
(858) 790-8140Phone
[email protected]
Andy IkePrepared By
Multiple Locations - See Notes
Victorville, CA 92392
Ship To
City of VictorvilleShip To Name
14177 Mcart Rd
Victorville, CA 92392-2553
Bill To
City of VictorvilleBill To Name
(760) 955-5256Phone
[email protected]
Facilities SupervisorTitle
Eddie GleasonContact Name
City of VictorvilleCustomer Name
3/31/2023Created Date
00000941Quote Number
Beam EV ARC  Proposal via CA DGS Contract #1-22-61-16™
Customer Details
Billing and Shipping
Your Clean Mobility Expert
BeamForAll.com
[email protected]
+1 858-799-4583
Beam Global
5660 Eastgate Drive
San Diego, CA 92121

EV ARC 2020 Diagram™
BeamForAll.com
[email protected]
+1 858-799-4583
Beam Global
5660 Eastgate Drive
San Diego, CA 92121

EV ARC 2020 Pricing™
Product Product Code Product Description Quantity List Price Total Price Beam EV
ARC™ with
three (3) Enel
X Way
JuiceBox®
chargers
ARC2020-EJ3
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, three (3) Enel X Way JuiceBox® chargers, Three (3) J1772 connectors. Not networked; network subscription available as an add-on.

CLIN #1104, includes 2% CA DGS Contract discount.

4.00 $67,342.66 $269,370.64
Beam EV
ARC™ with
six (6) Enel X
Way
JuiceBox®
chargers
ARC2020-EJ6
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable battery storage, BeamTrak™, six (6) Enel X Way JuiceBox® chargers, six (6) J1772 connectors. Not networked; network subscription available as an add-on.

CLIN #1107, includes 2% CA DGS Contract discount.

2.00 $73,043.32 $146,086.64
Enel X Way
JuiceNet
Enterprise
Cloud Plan

EJ-CLOUD
The annual Enel X Way JuiceNet Enterprise Cloud Plan provides remote access to charging session data, usage controls, data management and reporting. Annual subscription is available with purchase of EV ARC™ systems with Enel X Way JuiceBox chargers. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ system with a JuiceBox charger; Annual renewal thereafter. Annual plan is per plug.

CLIN #1303, includes 2% CA DGS Contract discount.

24.00 $147.00 $0.00
Beam Boost
battery
upgrade
BOOST40
Beam Boost upgrade for EV ARC™ 2020 systems increases battery storage to 43 kWh.

CLIN #1201, includes 2% CA DGS Contract discount.

6.00 $9,821.56 $58,929.36
Beam ARC™
Mobility
trailer
AMT
The Beam ARC Mobility™ trailer, designed to relocate off-grid EV ARC™ 2020 sustainable EV charging systems. Remote controlled hydraulics enable one person to stow, transport, place and unstow EV ARC™ products. Gooseneck or pintle hitch options available.

CLIN #1203, includes 2% CA DGS Contract discount.

1.00 $42,238.00 $42,238.00
Beam Annual
Operation &
Maintenance
Plan

O&M-PLAN
Operation & Maintenance: Includes PV panel cleaning, grease slew drives, check calibration of BeamTrak™, check battery charging systems, settings, performance of inverter, overall condition of structure, and inspect and confirm operation of EV charger. Service is included for the 1st twelve months.

CLIN #1402, includes 10% CA DGS Contract discount.

6.00 $582.75 $0.00
Remote
Monitoring
and
Management
System
(RMMS)
RMMS-1
Annual plan for Remote Monitoring and Management System (RMMS) provides login access to view data and status of the EV ARC system. 4G LTE and WiFi connections enable remote monitoring of solar energy production, battery status, energy output, energy use session data.

Remote performance assessment and troubleshooting can prevent service calls. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ system; Annual renewal thereafter.

CLIN #1300, includes 2% CA DGS Contract discount.

6.00 $388.08 $0.00
Vendor
Catalog Item
- Warranty (1
Year)
Manufacturer Warranty - First 12 months included
Segment ID: A, includes 2% CA DGS Contract discount. Non-core item. 6.00 $0.00 $0.00 BeamForAll.com
[email protected]
+1 858-799-4583
Beam Global
5660 Eastgate Drive
San Diego, CA 92121

https://caleprocure.ca.gov/PSRelay/ZZ_PO.ZZ_CTR_SUP_CMP.GBL?Page=ZZ_CTR_SUP_PG&Action=U&SETID=STATE&CNTRCT_ID=1-22-61-16 Applicable sales tax will be billed upon invoicing
Payment Terms: Net 30 days
2 EV ARC at City Hall
1 EV ARC at Sunset Ridge Park
1 EV ARC at Hook Park
1 EV ARC at Trans. Ctr.
1 EV ARC at Library
Notes
6/30/2023Expiration Date
$516,624.64Grand Total
$0.00Shipping and
Handling
$516,624.64Total PriceShipping & Handling is FOB Destination and includes Beam Team performing un-load / un-stow of equipment. Customer may need a 10K capacity forklift onsite upon delivery; to be determined when delivery date is scheduled.

Totals
California DGS Contract Link
Attachment
E
U.S. DEPARTMENT OF TRANSPORTATION

Federal Highway Administration
Notice of Funding Opportunity for Fiscal Year (FY) 2022 and FY 2023 for the U.S.

Department of Transportation’s Charging and Fueling Infrastructure Discretionary Grant Opportunity
AGENCY: U.S. Department of Transportation (DOT), Federal Highway Administration (FHWA).

ACTION: Notice of Funding Opportunity (NOFO) Number 693JJ323NF00004 Charging and Fueling Infrastructure Discretionary Grant Opportunity

SUMMARY: The purpose of this notice is to solicit applications for grants totaling of up to $700 million under the Charging and Fueling Infrastructure Discretionary Grant Program (CFI Program), established under the Infrastructure Investment and Jobs Act (“Bipartisan Infrastructure Law” or “BIL”). The $700 million is divided into two separate grant categories:
(1) up to $350 million for the Community Charging and Fueling Program Grants (Community Program), to strategically deploy electric vehicle (EV) charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure located on public roads or in other publicly accessible
1 locations; and (2) up to $350 million for the
Alternative Fuel Corridor Grants (Corridor Program), to strategically deploy charging and

1 Publicly accessible means the equipment is available to the public without restriction. A station that is not maintained or restricts access only to customers, tenants, employees, or other consumers is not publicly accessible.

Publicly accessible locations may include public parking facilities, parking at public buildings, public transportation stations, Park-and-Rides, public schools, public parks, private parking facilities available for public use, and visitor centers and other public locations on Federal Lands.
https://www.fhwa.dot.gov/environment/alternative_fuel_corridors/nominations/90d_nevi_formula_program_guidan ce.pdf

2 alternative fueling infrastructure located along designated alternative fuel corridors.2 The actual amount of funding available for award each fiscal year will be based on the reduction of authorized funding due to the imposition of the annual obligation limitation. While applicants can choose to apply for only one grant program, this combined solicitation allows applicants to simultaneously apply for funding under both programs by submitting only one application. To the extent possible, all applications will be considered for both the Community and the Corridor programs.

The CFI Program will accelerate an electrified and alternative fuel transportation system that is convenient, affordable, reliable, equitable, accessible, and safe. The CFI Program will also help put the U.S. on a path to a nationwide network of at least 500,000 EV chargers by 2030 and improve networks for vehicles using hydrogen, propane, and natural gas. The CFI Program builds on the FHWA Alternative Fuel Corridor (AFC) program and complements the National Electric Vehicle Infrastructure (NEVI) Formula program, which is initially focused on enabling long distance trips along the National Highway System (NHS). The goals of the CFI Program are to 1) supplement, not supplant, necessary private sector investment; 2) complement existing Federal programs; 3) facilitate broad public access to a national charging and alternative fuel infrastructure network to accelerate adoption of zero emissions vehicles; 4) implement Justice40 3 objectives, lower transportation costs, and increase economic opportunity; 5) advance job quality, workforce development, and workforce equity; and 6) reduce greenhouse gas and vehicle-related emissions.

2 Overall, this program authorizes funding for 5 fiscal years (including FY 2022 and 2023), totaling up to $2.5 billion (FY 2022 $300 million, FY 2023 $400 million, FY 2024 $500 million, FY 2025 $600 million, and FY 2026 $700 million.
3 Justice40 Initiative | US

3 By encouraging the adoption and expansion in use of alternative fuels, CFI Program investments have the potential to significantly address the transportation sector’s outsized contributions to climate change. Currently, the transportation sector is both the largest source of U.S. carbon dioxide emissions, and is increasingly vulnerable because of the higher temperatures, more frequent and intense precipitation, and sea level rise associated with the changing climate.
4 The FHWA seeks to award funding under this notice to projects that address environmental justice,5 particularly for communities (prioritizing rural areas and low- and moderate-income neighborhoods) that may disproportionately experience the consequences from climate change and other pollutants. Also, as part of the FHWA implementation of Executive Order (EO) 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619),6 FHWA seeks to fund projects that help achieve the goal that at least 40 percent of benefits7 flow towards low-income8 communities, disadvantaged communities,9 communities underserved by affordable transportation, or overburdened10 communities. In addition, FHWA intends to use this funding opportunity to support the creation of good-paying jobs with the free and fair choice to join a

4 See EPA Inventory of U.S. Greenhouse Gas Emissions and Sinks, available at https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks. 5https://www.epa.gov/environmentaljustice#:~:text=Environmental%20justice%20is%20the%20fair,laws%2C%20r egulations%2C%20and%20policies.
6 https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and- abroad
7 The Justice40 Initiative is the Administration’s whole-of-government approach to advancing environmental justice though recommendations on how certain Federal investments might be made toward a goal that 40 percent of the overall benefits of investments flow to disadvantaged communities. (EO 14008, Tackling the Climate Crisis at Home and Abroad, 86 FR 7619)
8 Low-income: A person whose median household income is at or below the U.S. Department of Health and Human Services poverty guidelines. (FHWA Order 6640.23A. FHWA Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 2012)
9 Disadvantaged communities are those that are marginalized, underserved, and overburdened by pollution. (EO 14008 on Tackling the Climate Crisis at Home and Abroad, 2021). 10 Overburdened Communities include minority, low-income, tribal or indigenous populations, or geographic locations in the U.S. that potentially experience disproportionate environmental harms and risks. (EPA EJ 2020 Glossary)

4 union and the incorporation of strong labor standards and diverse workforce programs, in particular registered apprenticeships, labor management partnerships and Local Hire agreements,
11 in project planning stages and program delivery.

This notice describes the application requirements, selection and evaluation criteria, Federal requirements, and available technical assistance during the grant solicitation period. To ensure a fair and unbiased evaluation of applications submitted under this notice, applications must be complete and address all statutory requirements; however, FHWA may request supplementary information, as needed, or to determine which category of grant the application best aligns or if applicants could be eligible to receive an award from both categories of funding.

Recipients of an award under this program related to EV infrastructure are required to comply fully with applicable sections of the National Electric Vehicle Infrastructure Standards and Requirements (23 CFR Part 680).
12 These Standards specify technical aspects of chargers including connector types, power levels, minimum number of charging ports per station, minimum uptime (reliability standards), payment methods, and more; data submittal requirements; workforce requirements for installation, operation, or maintenance by qualified technicians; interoperability of EV charging infrastructure; traffic control devices and signage; network connectivity; and publicly available information. There will be at least one Webinar regarding the CFI Program. Please check the CFI website (https://www.fhwa.dot.gov/environment/cfi/) and the Joint Office of Energy and Transportation (Joint Office) Website (https://driveelectric.gov/) for more information.

11 Contracts awarded with geographic hiring preferences are eligible for assistance under most FHWA financial assistance programs.
12 EV Charging Minimum Standards Rule as Submitted to Federal Register for Publication (dot.gov)

5 Funding Opportunity
Summary:

Up to $700 million in Federal funding to provide grants to eligible entities to strategically deploy publicly
accessible EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrast
ructure, and natural
gas fueling infrastructure in certain locations or along designated AFCs that will be accessible to all drivers of EVs, hydrogen vehicles, propane vehicles, and natural
gas vehicles.

Up to $350 million is available for Community Program
projects.

Up to $350 million is available for Corridor Program
projects.

Federal Agency Name: U.S. Department of Transportation FHWA, Office of Planning, Environment and Realty
(HEP)
1200 New Jersey Avenue, SE
Washington, DC 20590

Funding Opportunity Title: Charging and Fueling Infrastructure Grant Opportunity

Announcement Type: This is the initial announcement of this funding opportunity. Section 11401of the Bipartisan
Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (Pub. L. 117-58, Nov. 15,
2021), established the Charging and Fueling
Infrastructure Discretionary Grant Program which is
codified at 23 U.S.C. § 151(f)(2).

There are two funding categories under the Charging
and Fueling Infrastructure Discretionary Grant Program:
(1) Community Charging and Fueling Program Grants
and (2) Alternative Fuel Corridor Grants.

6 Community Grants: • Located on any public road or in other publicly accessible locations, such as parking facilities at
public buildings, public schools, and public
parks, or in publicly accessible parking facilities
owned or managed by a private entity.
• Must be publicly accessible.
• May use funds to contract with a private entity.
• Minimum award amount of $500,00013,
maximum award amount of $15 million.
• Must address environmental justice.
• Expected to reduce greenhouse gas emissions
and to expand or fill gaps in access to publicly
accessible infrastructure.
• Must be accessible to and usable by individuals
with disabilities.

Corridor Grants: • Located along a designated AFC; EV charging within 1 mile and other alternative fuels within 5
miles of the AFC.
• Must be publicly accessible.
• Minimum award amount of $1 million14, no
maximum award amount.
• Must use funds to contract with a private entity.
• Must address environmental justice.
• Must be accessible to and usable by individuals
with disabilities.

Funding Opportunity
Number:
693JJ323NF00004
Type of Award: Cost Reimbursement Grant

Funding Categories: The FHWA Administrator may advise the Secretary of Transportation (Secretary) on options for reduced
awards and may award eligible applications under either the Community or the Corridor Program. To the extent
possible, all applications will be considered for both the Community and the Corridor Program regardless of
which grant is applied for.

13 The DOT reserves the discretion to consider award sizes under the anticipated minimum award size threshold upon receiving the full pool of applications and assessing the needs of the program in relation to grant priorities and consideration.
14 The DOT reserves the discretion to consider award sizes under the anticipated minimum award size threshold upon receiving the full pool of applications and assessing the needs of the program in relation to grant priorities and consideration.

7 Assistance Listing Number
(formerly Catalog of
Federal Domestic
Assistance (CFDA)):

20.205 – Highway Planning and Construction
Application Due Date: Submission Deadline: Applications are due not later than 11:59 PM EST on MAY 30, 2023, through
Grants.gov. Applicants are encouraged to submit
applications in advance of the application deadline;
however, applications will not be evaluated, and awards will not be made, until after the application deadline.

Submit Applications To: The FHWA uses Grants.gov for receipt of all applications. Applicants must register and use the
system to submit applications electronically. Approval of new user registrations for Grants.gov may take
multiple weeks. Applicants are encouraged to register
in advance of the submission deadline, and to subscribe under this NOFO number to receive notifications of
updates/amendments. It is the Applicant’s
responsibility to monitor Grants.gov for any
updates/amendments to this NOFO. Complete
instructions on how to register and apply can be found
at
Grants.gov. If interested parties experience
difficulties at any point during registration or
application process, please call the Grants.gov
Customer
Support Hotline at 1-800-518-4726.

U.S. DOT staff cannot assist with technical Grants.gov
questions. Grants.gov technical support is available:

Online: http://www.grants.gov/web/grants/support.html
By phone (24 hours a day, 7 days a week): 1-800-518-
4726
By email: [email protected]

Questions: Submit Questions to Email: [email protected]

Applications will not be reviewed in advance, but
FHWA staff are available to answer questions regarding
the program. In addition, FHWA will post answers to
questions and requests for clarifications at Grants.gov under this funding opportunity number.

8 SUPPLEMENTARY INFORMATION: The organization of this notice is based on an outline set forth in Appendix I to Title 2 of the Code of Federal Regulations (CFR) Part 200 to ensure consistency across Federal financial assistance programs. However, that format is designed for locating specific information, not for linear reading. For readers seeking to familiarize themselves with how the CFI Program dual funding categories application process will work, DOT recommends starting with Section A for both the Community Program and the Corridor Programs, which describe the goals of each program and DOT’s Administration priorities. The DOT also recommends reviewing Section E, which describes how DOT will select among eligible applications. The FHWA Administrator may advise the Secretary on options for reduced awards and may award eligible applications under either the Community or the Corridor Program.

9 TABLE OF CONTENTS
A. Program Description 11

1. Overview 11
i. Community Program 11
ii. Corridor Program 12

2. Additional Information 13

3. Administration Priorities and Departmental Strategic Plan Priority Statements 14
B. Federal Award Information 16

1. Amount Available 16
i. Community Program 17
ii. Corridor Program 17

2. Scalable Project Options 17
C. Eligibility Information 18

1. Eligible Applicants 18

2. Cost Sharing or Matching 19

3. Eligible Projects and Project Costs 20

4. Community Program – Eligibility Information 20

5. Corridor Program – Eligibility Information 22
D. Application and Submission Information 23

1. Address to Request Application Package 23

2. Content and Form of Application 24
i. Project Narrative 25
ii. Budget Information: Grant Funds, Sources, and Uses of All Project Funding 33
iii. Project Merit Criteria 35
iv. Project Readiness and Environmental Risk 35

3. Unique Entity Identifier and System for Award Management (SAM) 36

4. Submission Dates and Timelines 37

5. Intergovernmental Review 37

6. Funding Restrictions 38
i. Community Program 38
ii. Corridor Program 38

7. Other Submission Requirements 39
i. Consideration of Applications 39
ii. Late Applications 40
iii. Compliance with Section 508 of the Rehabilitation Act of 1973 40 E. Application Review Information 41

1. Selection Criteria 41
i. Community Program 41
ii. Corridor Program 41
iii. Overall Application Rating 41
iv. Project Merit Criteria 42
a. Criterion #1 Safety 42
b. Criterion #2 Climate Change, Resilience, and Sustainability 43 c. Criterion #3 Equity, Community Engagement, and Justice40 44

10 d. Criterion #4 Workforce Development, Job Quality, and Wealth Creation 46
e. Criterion #5 CFI Program Vision 48
v. DOT Statutory Selection Priorities 50
vi. Additional Considerations 51
vii. DOT Priority Considerations 53

2. Review and Selection Process 53
i. Review Process 54
ii. Selection Process 54

3. Additional Information 56
F. Federal Award Administration Information 56

1. Award Notices 56

2. Administrative and National Policy Requirements 57

3. Reporting 64
i. Progress Reporting on Grant Activities 64
ii. Reporting of Matters Related to Recipient Integrity and Performance 65 iii. Other 65
G. Federal Awarding Agency Contacts 65
H. Other Information 66

1. Protection of Confidential Business Information 66

2. Publication/Sharing of Application Information 67

3. DOT Feedback on Applications 67

11 A. Program Description

1. Overview
The CFI Program was established by the Bipartisan Infrastructure Law (BIL) (enacted as the Infrastructure Investment and Jobs Act, Section 11401, Pub. L. 117–58, Nov. 15, 2021, codified at 23 U.S.C. § 151) with two grant categories, one for the Community Program and one for the Corridor Program. The BIL provided up to $150 million to each program for FY 2022, totaling up to $300 million, and up to $200 million to each program for FY 2023, totaling up to $400 million. Accordingly, a total of up to $700 million is available under this notice, which includes up to $350 million for the Community Program and up to $350 million for the Corridor Program. Although this is one grant program, this solicitation is one NOFO with two distinct funding opportunities. These two distinct funding opportunities are referred to jointly as the “CFI Program” throughout this NOFO.
i. Community Program
Community Program grants are expected to reduce greenhouse gas emissions and to expand or fill gaps in access to charging or alternative fueling infrastructure.

Under 23 U.S.C. § 151(f)(8), FHWA seeks to award Community Program Grants to eligible entities (listed in Section C.1.) for projects on any public road or in other publicly accessible locations that are expected to reduce greenhouse gas emissions and to expand or fill gaps in access to publicly accessible EV charging infrastructure, or hydrogen, propane, or natural gas fueling infrastructure. Projects expanding access to charging and fueling infrastructure in rural areas,
15 low- and-moderate income neighborhoods, and communities with a low ratio of

15 For the purposes of the CFI Program, Urbanized Areas (UA) with populations of less than 50,000 will be considered rural. For purpose of this notice, in defining urban and rural communities, DOT will rely on the Census Bureau 2020 definition of UA as an area that consists of densely settled territory that contains 50,000 or more

12 private parking spaces to households or a high ratio of multiunit dwellings to single family homes shall be prioritized (23 U.S.C. § 151(f)(8)(F)). Infrastructure may be located on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks,
16 or in publicly accessible parking facilities owned or managed by a private entity (23 U.S.C. § 151(f)(8)(E)). If selected for an award, grant recipients may use funds to contract with a private entity17 that owns or manages parking facilities; however, fees to gain access to the charging or fueling infrastructure funded by this grant are not permitted. ii. Corridor Program
Corridor Program grants are expected to support buildout of charging or alternative fueling infrastructure along designated AFCs.

Under 23 U.S.C. § 151(f)(6), FHWA seeks to award Corridor Program Grants to eligible entities (listed in Section C.1.) to contract with a private entity18 for acquisition and installation of publicly accessible EV charging infrastructure, or hydrogen, propane, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle along designated AFCs. As of 2022, designated AFCs cover nearly 190,000 miles of the NHS and traverse rural and urban areas, Tribal lands, national parks, and underserved and disadvantaged communities.

The CFI Program will assist State and local agencies, private industry, and other interested stakeholders to build an alternative fuels transportation network to better meet drivers’ needs and improve the mobility of passenger and commercial vehicles that employ electric, hydrogen fuel

people. Updated lists of UAs are available on the Census Bureau Website at:
http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/ 16 Use of parks must comply with DOT 4(f) requirements 23 U.S.C. 138, 49 U.S.C. 303, and 23 CFR part 774. 17 The Federally Funded Research and Development Centers, including the National Renewable Energ y Laboratory, are ineligible to be contracted as a private entity under this grant program. 18 The Federally Funded Research and Development Centers, including the National Renewable Energy Laboratory, are ineligible to be contracted as a private entity under this grant program.

13 cell, propane, and natural gas fueling technologies across the nation. The Corridor Program envisions a national AFC network that allows for inter-city, regional, and inter-state travel using cleaner fuels, addresses driver range anxiety, integrates with existing transportation planning processes, and accelerates public interest and awareness of alternative fuel availability. This includes both light-duty passenger vehicles and medium/heavy-duty vehicles. Through this NOFO, FHWA seeks to solicit applications that enable these objectives while contributing to the broader objectives outlined below.

The FHWA seeks to award projects in both urban and rural areas along designated AFCs to create a balance of publicly accessible electric charging and alternative fuel infrastructure.

The EV charging infrastructure should be conveniently and safely located as close to the AFC as possible, and, in general, no greater than one mile from Interstate exits or highway intersections along designated corridors. Hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure is allowable no more than five miles from Interstate exits or highway intersections along the corridor. Infrastructure shall be located along a designated AFC under this section, on the condition that any affected Indian Tribes are consulted before the designation (23 U.S.C. § 151(f)(6)).

2. Additional Information
The DOT is committed to considering project funding decisions holistically among the various discretionary grant programs available in BIL. The DOT also recognizes that applicants may be seeking funding from multiple discretionary grant programs and opportunities. An applicant may seek the same award amounts from multiple DOT discretionary opportunities or seek a combination of funding from multiple DOT opportunities. The applicant should identify any other DOT programs and opportunities they have applied for and intend to apply for beyond

14 the CFI Program (or utilize if the Federal funding is already available to the applicant), and what award amounts they will be seeking, within their application. The Community Program seeks to layer in a “dig once,” future-proofing approach to this substantial investment in charging and alternative fuel infrastructure. This “dig once” philosophy equates to maximizing the overall societal and economic benefits of a project while minimizing the cost and disruption of construction by considering and installing for current needs and as many of the reasonably foreseeable future needs, as practicable. Examples may include, but are not limited to, communications and broadband conduit, duct banks, and adequate power distribution for multimodal vehicular charging.

In addition to personally owned electric and alternative fuel vehicles, this NOFO can enable electrified and alternative fueled shared mobility, active mobility, and other affordable transportation options by combining funding from the Community Grant Program with other public and private investment.

Applicants for the Corridor Program should ensure their applications, as they relate to EV infrastructure, align with their State’s NEVI Deployment Plan.

3. Administration Priorities and Departmental Strategic Plan Priority Statements The DOT will consider the following priorities when making award decisions for the CFI Program:

1. Safety: The Department is committed to advancing safe, efficient transportation, including in the CFI Program. The National Roadway Safety Strategy (NRSS), issued January 27, 2022, commits the Department to respond to the current crisis in roadway fatalities by ‘taking substantial, comprehensive action to significantly reduce serious and fatal injuries on the Nation’s roadways,’ in pursuit of the goal of achieving zero roadway

15 deaths through a Safe System Approach.19 The outcomes that are anticipated from the projects funded by the CFI Program should align with the NRSS.

2. Climate Change and Sustainability: The Department seeks to fund projects under the CFI Program that reduce greenhouse gas emissions in the transportation sector, incorporate evidence-based climate resilience measures and features, reduce the lifecycle greenhouse gas emissions from the project materials, and avoid adverse environmental impacts to air or water quality, wetlands, and endangered species, and address the disproportionate negative environmental impacts of transportation on disadvantaged communities, consistent with Executive Order (EO) 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619).
20 3. Equity and Justice40: The Department seeks to award projects under the CFI Program that will create proportional impacts to all populations in a project area, remove transportation related disparities to all populations in a project area, and increase equitable access to project benefits, consistent with EO 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009). The Department also seeks to award projects that address equity and environmental justice, particularly for communities that have experienced decades of underinvestment and are most impacted by climate change, pollution, and environmental hazards, consistent with EO 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619).

19 https://www.transportation.gov/NRSS
20 See U.S. Department of Transportation Strategic Framework FY 2022–2026 (Dec. 2021) at https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework

16 4. Workforce Development, Job Quality, and Wealth Creation: The Department intends to use the CFI Program to support the creation of good-paying jobs with the free and fair choice to join a union and the incorporation of strong labor standards and training and placement programs, especially registered apprenticeships, in project planning stages, consistent with EO 14025, Worker Organizing and Empowerment (86 FR 22829), and EO 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335).

The Department also intends to use the CFI Program to support wealth creation, consistent with the
DOT’s Equity Action Plan through the inclusion of local inclusive economic development and entrepreneurship such as the utilization of Disadvantaged Business Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a) firms.

5. Accessibility: The Department is committed to making infrastructure accessible to and usable by individuals with disabilities.21
B. Federal Award Information

1. Amount Available
A total of up to $700 million is available for CFI Program awards under this notice, which includes up to $300 million appropriated by the BIL for FY 2022, and up to $400 million appropriated by the BIL for FY 2023. All awards of FY 2022 funding are available for obligation though September 30, 2025 and must be expended by September 30, 2030. All awards

21 For more information, please refer to the U.S. Access Board American with Disabilities Act Accessibility Standards website at https://www.access-board.gov/ada/ and, as appropriate, U.S. Access Board document entitled Design Recommendations for Accessible Electric Vehicle Charging Stations found here: www.access- board.gov/tad/ev/

17 of FY 2023 funding are available for obligation through September 30, 2026 and must be expended by September 30, 2031.
i. Community Program Award Information
A total of up to $350 million is available through this notice for the Community Program, which includes up to $150 million appropriated for FY 2022, and up to $200 million appropriated for FY 2023. The minimum award size is $500,000 and the maximum award amount is $15 million (23 U.S.C § 151(f)(8)(I)). The DOT reserves the discretion to consider award sizes under the anticipated minimum award size threshold above upon receiving the full pool of applications and assessing the needs of the program in relation to grant priorities and consideration.
ii. Corridor Program Award Information
A total of up to $350 million is available through this notice for the Corridor Program, which includes up to $150 million for FY 2022, and up to $200 million for FY 2023. The minimum award size is $1 million and there is no maximum award size under this NOFO. The DOT reserves the discretion to consider award sizes under the anticipated minimum award size threshold above upon receiving the full pool of applications and assessing the needs of the program in relation to grant priorities and consideration.

2. Scalable Project Options

Applicants are encouraged to propose projects that are scalable and identify scaled funding options in case insufficient funding is available to fund an applicant’s project or a bundled project at the full requested amount. For example, if a portion of the total project could be constructed and opened for functional public use, with the remainder of the total project constructed at a later time, please state such in the application, including the cost, brief scope,

18 and scheduling needs for initial/scaled project. If an applicant advises that a project is scalable, the applicant must provide an appropriate minimum funding amount that will fund an eligible project that achieves the objectives of the program and meets all relevant program requirements.

The applicant must provide a clear explanation of how the project budget would be affected by a reduced award. The DOT may award a lesser amount whether or not a scalable option is provided.

C. Eligibility Information

1. Eligible Applicants
To be selected for a grant, an applicant must be an Eligible Applicant and the project must be an Eligible Project that meets the minimum project amount listed above in Section B.1.i. for the Community Program and Section B.1.ii. for the Corridor Program.

Eligible Applicants
Community
Program
23 U.S.C. §
151(f)(8)(C)
Corridor
Program
23 U.S.C. §
151(f)(3)
A State22 or political subdivision of a
State
 
A metropolitan planning organization  
A unit of local government  
A special purpose district or public
authority with a transportation function,
including a port authority
 
An Indian Tribe (as defined in section 4 of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C. §
5304))23
 

22 The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico 23 U.S.C. § 101(a)(28). 23 The term ‘‘Indian’’ means a person who is a member of an Indian tribe 25 U.S.C. § 5304(d). The term ‘‘Indian tribe’’ or ‘‘Indian Tribe’’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians 25 U.S.C. § 5304(e).

19 A territory of the United States  
An authority, agency, or instrumentality
of, or an entity owned by, 1 or more
entities as listed above
 
A group of entities as listed above  
A State or local authority with ownership
of publicly accessible transportation
facilities


If a group (two or more) of eligible entities above submits a joint application, the group must identify a lead applicant to serve as prime awardee in the event an award is made. The prime awardee will serve as the primary point of contact and be responsible for financial administration of the project. Joint applications should include a description of the roles and responsibilities of each applicant and should be signed or include a letter of support by each applicant.

Applications with a lead applicant that is not one of these statutory eligible applicants will be deemed ineligible and will not be evaluated to determine if the application contains a statutorily eligible project.

2. Cost Sharing or Matching
The Federal share of the cost of a project carried out with CFI Program funds under both programs shall not exceed 80 percent of the total project cost (23 U.S.C. § 151(f)(10)). Cost sharing or matching is required, with the maximum Federal share being 80 percent of the total cost of the project. Awardees must provide at least 20 percent of the total project cost (not 20 percent of the Federal share) as a matching share. Additional information on cost share can be found at 2 CFR 200.306 -- Cost sharing or matching and FHWA’s guidance on Non-Federal Matching Requirements.
24 The DOT will not consider previously incurred costs, previously

24 https://www.fhwa.dot.gov/legsregs/directives/policy/fedaid_guidance_nfmr.pdf

20 expended or encumbered funds, or any CFI Program funds received towards the matching requirement for any project.

Eligible entities that contract with a private entity as required for the Corridor Program or as permitted by the Community Program must include in those contracts a condition that the private entity shall be responsible for the share of the project cost carried out with CFI Program funds that is not paid by the Federal Government. Under the CFI Program, a “private entity” means a corporation, partnership, company, or nonprofit organization. (23 U.S.C. § 151(f)(1)).

3. Eligible Projects and Project Costs
Each of the two funding opportunities has different statutory rules for what kinds of projects are eligible for funding. More information about Eligible Projects and Project Costs for each program is listed below in Section C.4 and C.5. If projects are eligible for funding under both CFI programs, applications will be considered for both funding opportunities. Applicants that do not include one of these statutorily eligible projects will not be evaluated in the selection priorities or considerations.

4. Community Program - Eligibility Information
Community Program grants are expected to reduce greenhouse gas emissions and to expand or fill gaps in access to charging or alternative fueling infrastructure.

Community Program – Eligible Projects
• Community Program grants may be awarded to any project that is expected to reduce greenhouse gas emissions and to expand or fill gaps in access to eligible infrastructure. o Eligible infrastructure is publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or

21 natural gas fueling infrastructure.25 Propane fueling infrastructure is limited to infrastructure for medium- and heavy-duty vehicles.26
o Projects may be located on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity.
27 Community Program – Eligible Project Costs
• Acquisition and installation of eligible infrastructure (as defined above). An applicant that receives a CFI grant for installation of eligible infrastructure may also use grant funds for:
o Any related construction or reconstruction and the acquisition of real property directly related to the project.
28 o Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities.
29 o Contracting with a private entity for the acquisition, construction, installation, maintenance, or operation of eligible infrastructure included in the project. 30 • Educational and community engagement activities to develop and implement education programs through partnerships with schools, community organizations, and

25 23 U.S.C. § 151(f)(8)
26 23 U.S.C. § 151(f)(7)
27 23 U.S.C. § 151(f)(8)(E)
28 23 U.S.C. § 151(f)(8)(D)(ii)
29 23 U.S.C. § 151(f)(8)(D)(i)
30 23 U.S.C. § 151(f)(8)(H)

22 vehicle dealerships to support the use of zero-emission vehicles and associated infrastructure (may not exceed more than 5 percent of the grant amount awarded).31

5. Corridor Program – Eligibility Information
Corridor Program grants are expected to support buildout of charging or alternative fueling infrastructure along designated AFCs.

Corridor Program – Eligible Projects
• Corridor Program grants must be awarded to any project that contracts with a private entity for acquisition and installation, or operation, of eligible infrastructure. o Eligible infrastructure is publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle.
32 Propane fueling infrastructure is limited to infrastructure for medium- and heavy-duty vehicles.33
o Projects must be located along an alternative fuel corridor designated under this section, on the condition that any affected Indian tribes are consulted before the designation.
34 o EV charging infrastructure should be conveniently and safely located as close to the AFC as possible, and, in general, no greater than one mile from Interstate exits or highway intersections along designated corridors.
o Hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure should be conveniently and safely located as close to the

31 23 U.S.C. § 151(f)(8)(K)
32 23 U.S.C. § 151(f)(6)(A)
33 23 U.S.C. § 151(f)(7)
34 23 U.S.C. § 151(f)(6)(B)

23 AFC as possible, and, in general, no greater than five miles from Interstate exits or highway intersections along designated corridors.

Corridor Program – Eligible Project Costs
• Contracting with a private entity for acquisition and installation of eligible infrastructure (as defined above).35
• Providing a private entity with operating assistance for the first 5 years of operations after the installation of eligible infrastructure while the facility transitions to independent system operations.
36 o Operating assistance shall be limited to costs allocable to operating and maintaining the eligible infrastructure and service, and may not exceed the amount of a contract to acquire and install eligible infrastructure. 37 • An applicant that receives a CFI grant for acquisition and installation, or operations, of eligible infrastructure may also use grant funds for acquisition and installation of traffic control devices located in the right-of-way to provide directional information to eligible infrastructure included in the project.38
D. Application and Submission Information

1. Address to Request Application Package
All application materials may be found on Grants.gov. Once at Grants.gov, select the Search Grants tab. Then enter one of the following:
• Opportunity Number: 693JJ323NF00004

35 23 U.S.C. § 151(f)(6)(A)
36 23 U.S.C. § 151(f)(6)(C)(i)
37 23 U.S.C. § 151(f)(6)(C)(ii-iii)
38 23 U.S.C. § 151(f)(6)(D)(ii)

24 • Opportunity Name: Charging and Fueling Infrastructure Discretionary Grant Program
• Assistance Listing Number: 20.205
When at one of these pages, select the CFI Opportunity, which will open to a page with several tabs. The first tab is a synopsis of the opportunity. The Related Documents tab is the Full Announcement (the NOFO document), NOFO Amendments, and supporting documents added by DOT such as FAQs. The Package tab allows you to preview the forms needed to submit an application. The red Subscribe button allows applicants to register to receive notice by email when DOT updates or adds to the opportunity page. The red Apply button allows applicants to apply using Grants.gov. Workspace to create and submit the application. See Grants.gov for training on using Grants.gov Workspace.

For a Telephone Device for the Deaf (TDD), please call (202) 366-3993. If potential applicants are unable to download the application package from the internet, they may send a written request for a paper copy to the below address. Requests should be sent to:

[email protected]

2. Content and Form of Application
All applications must be submitted electronically through Grants.gov. The application must include: (1) the required Standard Forms listed in item ii. Budget Information below; and (2) a narrative document that addresses the following items which are detailed below. Please submit the following items i. – iv. through Grants.gov as one file or as separate files, uploaded to the required form entitled “Attachments”.
i. Project Narrative
ii. Budget Information

25 iii. Project Merit Criteria
iv. Project Readiness and Environmental Risk
i. Project Narrative
The FHWA recommends that the project narrative be prepared with standard formatting preferences (i.e., a single-spaced document, using a standard 12-point font such as Times New Roman, with 1-inch margins). If possible, Website links to supporting documentation should be provided rather than copies of these supporting materials. If supporting documents are submitted, applicants should clearly identify within the project narrative the relevant portion of the project narrative that each document supports. The FHWA recommends using appropriately descriptive final names (e.g., Project Narrative, Maps, Geospatial Data, Project Budget) for all attachments.

Also, in the project narrative, applicants should describe how the project addresses the following areas as well as the additional project narrative information that is specified below.

The DOT specifies that the project narrative follow the outline below. Following the outline will also assist evaluators in locating the relevant information.

Community Program
I. Description of project location, including a detailed geographical description of the proposed project, a map of the project’s location and connections to existing transportation infrastructure, geospatial data describing the project location, and how traffic safety considerations will be addressed for vehicles entering and leaving the site. Applicants must address how their project appropriately mitigates any safety risks introduced by the project.

Prior to receiving funds, all projects are expected to, at a minimum, identify and mitigate to the extent practicable any significant safety risks that could result after the project completion.

26 Applicants should include how their project will not negatively impact the overall safety of the traveling public. Applicants should also consider the NRSS39 when addressing how the projects will support the goal of achieving zero roadway death though a Safe Systems Approach. This description should also detail how the access is in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

II. Description of how the project expands community-based infrastructure or fills gaps in access by equitably expanding the deployment of publicly available EV charging infrastructure, or hydrogen, propane or natural gas fueling infrastructure in community locations, located on any public road or in any other publicly accessible locations, such as parking facilities at public building, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity.

III. Description of how funds will be spent on various portions of the project(s). This should be categorized into uses such as project planning and development (such as costs for meaningful public involvement40), right-of-way (ROW)/acquisition costs, installation costs, operation costs, maintenance costs, educational activity costs, etc. The estimated amount of funds or percentages of funds to be spend in each category should be indicated as well as which entity is responsible for each cost. This section should also include any operating subsidies that will be sought or have been obtained for EV charging infrastructure, or hydrogen, propane or natural gas fueling infrastructure.

IV. Additional Project Narrative Information. The FHWA is interested in community charging and fueling deployment projects in several focus areas. As applicable, applicants are

39 https://www.transportation.gov/NRSS
40 This document can promote a shared understanding of meaningful public involvement and can be used as a resource: https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement- transportation-decision-making

27 encouraged to indicate which focus area(s) their proposed project address(es) and how the project benefits the community and improves access to EV and alternative fueling infrastructure.

In addition, in association with the focus areas specified, applicants are encouraged to note whether the project would expand alternative fueling/charging access to rural areas, low- and moderate- income neighborhoods, and/or underserved or hard to reach communities where the private sector may not invest absent federal funding.

More than one category can be identified.
• Multi-Modal Hubs and Shared-Use Fleets and Services: Seek to connect or promote rental vehicle, taxi, carshare, ride-share, ride-hail, bicycle, micromobility, microtransit, and other electrified or alternative fuel multi- passenger or active mobility options that provide alternatives to individual vehicle ownership. Projects may also seek to connect national freight corridors with local delivery providers and fleets, such as urban depot charging for light- and medium-duty vehicles.
• U
rban/Suburban Area Charging and Fueling Solutions: Provide convenient, affordable access to charging and alternative fuel infrastructure in applications such as multi-unit dwellings and homes without driveways or garages.

Projects should seek to advance lower cost and highest return charging solutions with light construction when possible (e.g., pole-based charging).

Intersectional charging/mobility hubs that serve both inner-ring suburban and urban needs are also of interest. The EV charging projects should carefully articulate power levels required and demonstrate consideration of gaps to fill among existing charging and fueling infrastructure in order to provide an

28 appropriate power delivery mix (e.g., avoid providing only high-power charging stations as the sole solution). Projects should address innovative ways to address challenges such as curb side access, reservation/convenient availability, reliability, and management of limited spaces. The DOT encourages collaboration between applicants and owners of the ROW during the application, installation, and maintenance of charging and fueling infrastructure.
• Rural Area Charging and Fueling Solutions: Support multi-purpose use including single occupancy vehicles, medium-duty vehicles and fleets, shared vehicles, and taxi or other service vehicles in the community. Rural areas can present unique challenges and opportunities to provide transportation solutions.

Projects should identify and address unique rural challenges and provide affordable solutions for vehicle charging or fueling infrastructure. • F
leet Vehicles that Serve and Operate in Communities: Enable local medium- and heavy-duty electrification and alternative fuel use for the following vehicle types: (1) Class 3, 4, 5 vans & step vans, class 6 box trucks, class 8 terminal tractors class regional haul tractors; (2) Municipal vehicles (e.g., shuttles, school buses, street sweepers, refuse, pickup trucks and vans); (3) Delivery trucks; or (4) Long haul vehicles.

Corridor Program
I. Description of project location, including a detailed geographical description of the proposed project, a map of the project’s location and connections to existing transportation infrastructure, geospatial data describing the project location, how traffic safety considerations

29 will be addressed for vehicles entering and leaving the site. Applicants must address how their project appropriately mitigates any safety risks introduced by the project. Prior to receiving funds, all projects are expected to, at a minimum, identify and mitigate to the extent practicable any significant safety risks that could result after the project completion. Applicants should include how their project will not negatively impact the overall safety of the traveling public.

Applicants should also consider the NRSS
41 when addressing how the projects will support the
goal of achieving zero roadway death though a Safe Systems Approach.

II. Description of how public accessibility of charging or fueling infrastructure proposed to be funded with a grant under this subsection has been considered, including charging or fueling connector types and publicly available information on real-time availability and payment methods to ensure secure, convenient, fair, and equal access (23 U.S.C. § 151 (f)(4)(A)(i)).

III. Description of outcomes from collaborative engagement with stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging, hydrogen, propane, and natural gas fuel providers, metropolitan planning organizations, States, Indian tribes, and units of local governments, fleet owners, shared mobility operators, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction and component parts suppliers, and multi-State and regional entities) that address the following for EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure:
• Foster enhanced, coordinated, public-private or private investment; • Expand deployment;
• Protect personal privacy and ensure cybersecurity; and • Ensure that a properly trained workforce is available to construct and install infrastructure (23 U.S.C. § 151 (f)(4)(A)(ii)).

41 https://www.transportation.gov/NRSS

30 IV. Identify whether the location of the station or fueling site considered the following:
• The availability of onsite amenities for vehicle operators, such as restrooms or food facilities;
• Access in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
• Height and fueling capacity requirements for facilities that charge or refuel large vehicles, such as semi-trailer trucks; and
• Appropriate distribution to avoid redundancy and fill charging or fueling gaps (23 U.S.C. § 151 (f)(4)(A)(iii)).

V. Details to ensure infrastructure installation that can be responsive to technology advancements, such as accommodating autonomous vehicles, vehicle-to-grid technology, and future charging methods (23 U.S.C. § 151 (f)(4)(A)(iv)).

VI. Discussion about the long-term operation and maintenance of the EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, to avoid stranded assets and protect the investment of public funds in that infrastructure (23 U.S.C. § 151 (f)(4)(A)(v)).

VII. Assessment of the estimated emissions that will be reduced through the use of EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, which shall be conducted using the Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) CFI Emissions tool 42 developed by
Argonne National Laboratory (or a successor tool) (23 U.S.C. § 151 (f)(4)(B)).

VIII. Description of how the project improves the AFCs by expanding the deployment of public EV charging infrastructure, particularly DC fast charging infrastructure or hydrogen, propane or natural gas fueling infrastructure along FHWA-designated AFCs. The application should indicate how the project: (1) will contribute to the conversion of corridor-pending

42 AFLEET CFI Tool (anl.gov)

31 corridors to corridor-ready corridors by filling infrastructure gaps; (2) helps meet current or anticipated excess demand for corridor charging or alternative fueling infrastructure; and (3) provides infrastructure to support greater adoption of light- or medium- and heavy-duty alternative fuel vehicles.

IX. Description of how funds will be spent on various portions of the project(s). This should be categorized into uses such as project planning and development (such as costs for meaningful public involvement
43), ROW/acquisition costs, installation costs, operation costs, maintenance costs, educational activity costs, etc. The estimated amount of funds or percentages of funds to be spent in each category should be indicated as well as which entity is responsible for each cost. This section should also include any operating subsidies that will be sought or have been obtained for EV charging infrastructure, or hydrogen, propane or natural gas fueling infrastructure.

X. Additional Project Narrative Information. The FHWA is interested in corridor charging and fueling deployment projects in several focus areas. As applicable, applicants are encouraged to indicate which focus area(s) their proposed project address(es) and how the project contributes to the build-out of a national corridor network. More than one category can be identified.
• Demonstrate Build-Out of AFCs: Expand deployment of public DC fast charge EV charging infrastructure, or hydrogen, propane or natural gas fueling infrastructure along designated AFCs. Infrastructure projects of interest can

43 This document can promote a shared understanding of meaningful public involvement and can be used as a resource: https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement- transportation-decision-making

32 expand existing or add new charging and fueling infrastructure for light-duty, medium-duty, and heavy-duty vehicles.
• Zero Emission Corridors for Medium- and Heavy-Duty Vehicles: The EV charging and hydrogen fueling infrastructure that will enable zero emission movement of goods, connecting distribution hubs and population centers.

Projects may also seek to connect national freight corridors with local delivery providers and fleets, such as urban depot charging for light- and medium-duty vehicles. Projects may also leverage other funding for alternative fuel infrastructure at ports or depots along corridors. Medium- and heavy-duty infrastructure applications should include explicit fleet commitments to utilize the infrastructure.
• R
esiliency : Promote reliability and resiliency to intermittent or sustained power outages, disruptive and increasingly severe weather (snowstorms, fire, hurricanes, etc.), high-demand events that can strain the electric grid, or otherwise provide charging services in emergency situations. Projects should accommodate the safe movement of vehicles during these extreme weather events or power outages. These solutions may require complementary technologies (e.g., on-site battery storage, distributed energy resources, microgrids, bi-directional power).

For both the Community Program and Corridor Program the project narrative should provide information as to how innovative payment approaches (such as contactless technology, mobile wallets, bundling with transit discounts and other benefits programs, etc.) will be used to ensure that low- and zero-emission transportation options are accessible to diverse populations,

33 including the unbanked and underbanked. For both the Community Program and the Corridor Program, the project narrative should also provide information necessary for DOT to determine that the project satisfies project requirements described in Section C.4.-5. for the grant program and to assess the merit criteria specified in Section E.1.iv. To the extent practicable, applicants should provide supporting data and documentation in a form that is directly verifiable by FHWA.

The FHWA may, but is not required to, request supplementary information, including additional data, to clarify supporting data and documentation submitted in an application, but FHWA encourages applicants to submit the most relevant and complete information they can provide.

Supplementary information may be requested to determine with which category of grant the application best aligns. To ensure a fair and unbiased evaluation of applications submitted under this notice, FHWA will not request additional information to perfect incomplete applications. ii. Budget Information: Grant Funds, Sources and Uses of All Project Funding Project budgets should show how different funding sources will share in each activity and present those data in dollars and percentages. The budget should identify other Federal funds, if any, that the applicant intends to use. Funding sources should be grouped into three categories:
non-Federal, CFI Program, and other Federal with specific amounts from each funding source.

The application must include the following forms as listed in the CFI Application Package in Grants.gov.

Mandatory Forms:
• Standard Form 424 (Application for Federal Assistance) (mandatory) • Grants.gov Lobbying Form (mandatory)
• Project Abstract Summary (mandatory)
• Key Contacts (optional)

Based on the nature of the project (Non-Construction vs Construction), the applicant must submit either:

34 • Standard Form 424A (Budget Information for Non-Construction Programs) (mandatory) and Standard Form 424B (Assurances for Non-Construction Programs) (mandatory) or
• Standard Form 424C (Budget Information for Construction Programs) (mandatory) and Standard Form 424D (Assurances for Construction Programs) (mandatory)

Because of the Grants.gov Package Tab forms labeling structure, the Standard Forms 424A, B, C, and D will appear as optional forms. However, the applicant must select and submit either 424A and B; or SF 424C and D.

Applicants proposing non-construction-related projects should submit forms SF 424A and SF 424B with their application. Applicants proposing construction-related projects must submit forms SF 424C and SF 424D with their application. If a project consists of both non- construction and construction activities, the applicant must select one or the other based on which activity consumes the preponderance of the Federal funding. For purposes of this NOFO and consistent with Title 23, the term construction is defined at 23 U.S.C. §101(a)(4), in part, as the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit the Federal-aid highway program. 44 44 The 23 U.S.C. §101(a)(4) definition of construction continues to provide the following examples of what is included in the term: (A) assessing resilience, mapping (including the establishment of temporary and permanent geodetic control in accordance with specifications of the National Oceanic and Atmospheric Administration), and architectural-related services; assessing resilience, mapping (including the establishment of temporary and permanent geodetic control in accordance with specifications of the National Oceanic and Atmospheric Administration), and architectural-related services; (B) reconstruction, resurfacing, restoration, rehabilitation, and preservation; (C) acquisition of ROW; (D) relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing; (E) elimination of hazards of railway-highway grade crossings; (F) elimination of roadside hazards; (G) improvements that directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas; (H) improvements that reduce the number of wildlife - vehicle collisions, such as wildlife crossing structures; and (I) capital improvements that directly facilitate an

35 Forms are available for download at https://www.grants.gov/web/grants/forms/sf-424- mandatory-family.html.

The Standard Form 424A or 424C (as applicable) should be supported by a budget narrative explaining each element of cost.

Except for the information properly marked as described in Section H., the Department may share application information within the Department or with other Federal Agencies if the Department determines that sharing is relevant to the respective program’s objectives. iii. Project Merit Criteria
The applicant should describe how the proposal meets the Project Merit Criteria list in Section E.1.iv.
iv. Project Readiness and Environmental Risk
The application should include information that, when considered with the project budget information, is sufficient for FHWA to evaluate whether the project is reasonably expected to begin in a timely manner, and obligate and expend awards before the deadlines. To assist FHWA’s determination of project readiness, application information should include:
• A detailed statement of work that focuses on the technical and engineering aspects of the project and describes in detail the project to be constructed; • Discussion of energy source and storage needs;
• An assessment of real property and ROW acquisition necessary for the project or a statement that no acquisition is necessary;
• Information about the inclusion of this project (or a plan to having this project included) in the relevant State, metropolitan, and local planning documents 45;

effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale installation, and scale houses.
45 The planning requirements applicable to the Federal-aid highway program apply to all CFI Program Grant projects. In accordance with 23 U.S.C. §§ 134 and 135, all projects requiring an action by FHWA must be in the applicable plan and programming documents (e.g., metropolitan transportation plan, transportation improvement program (TIP), and statewide transportation improvement program (STIP)). Further, in air quality non-attainment and maintenance areas, all regionally significant projects, regardless of the funding source, must be included in the conforming metropolitan transportation plan and TIP. Inclusion in the STIP is required under certain circumstances.

To the extent a project is required to be on a metropolitan transportation plan, TIP, or STIP, it will not receive a grant until it is included in such plans. Projects not currently included in these plans can be amended by the State

36 • Any project approvals already obtained;
• Identification of known or anticipated project risks and how they will be addressed; • Discussion about any coordination or public engagement that has been completed or is on-going regarding this project;
• Discussion about intentions for Disadvantage Business Enterprise (DBE) participation or engagement;
• Discussion of how equity and accessibility requirements will be met; • An anticipated project timeline or anticipated project milestone dates; • Information about how 23 CFR Part 680 requirements, published on February 28, 2023 will be included; and
• Any other information that will demonstrate project readiness.

The application should also include information about the expected or anticipated environmental impacts of the project. To assist FHWA’s environmental risk assessment, application information should include any National Environmental Policy Act (NEPA) reviews or approvals and permits that have already been completed or an anticipated timeline to obtain the necessary approvals and permits for the project.

3. Unique Entity Identifier and System for Award Management (SAM) Effective April 4, 2022, the Data Universal Numbering System (DUNS) number is no longer required for entities doing business with the Federal government and has been replaced by the SAM UEI. As of that date, applicants are required to use a UEI issued during the SAM.gov registration process. Active registrants in SAM.gov have had their SAM UEI automatically assigned and it is currently viewable within SAM.gov. There is no additional action necessary for registered entities to take to obtain their SAM UEI. Each applicant is required to:
• Be registered in SAM before submitting their application; • Provide a valid UEI in their application; and
• Continue to maintain an active SAM registration with current information at all times during which the applicant has an active Federal award or an application or plan under consideration by a Federal awarding Agency.

and MPO. Projects that are not required to be in long range transportation plans, STIPs, and TIPs will not need to be included in such plans to receive a grant.

37 Please see https://www.grants.gov/web/grants/applicants/applicant-faqs.html#UEI for more information on the transition from DUNS to SAM UEI, including what UEI to enter into the UEI field on Grants.gov and on application package forms.

The FHWA may not make a Federal award to an applicant until the applicant has complied with all applicable UEI and SAM requirements. If an applicant has not fully complied with the requirements by the time the Federal awarding Agency is ready to make a Federal award, the Federal awarding Agency may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant.

NOTE TO APPLICANTS: The SAM.gov requires the registrant to provide a UEI number to complete the registration. These processes can take several weeks to complete so should be started well before the application deadline.

4. Submission Dates and Timelines
Applications must be submitted electronically through Grants.gov no later than 11:59
p.m., Eastern Time on May 30, 2023.

5. Intergovernmental Review
The CFI Program in not subject to the Intergovernmental Review of Federal Programs under EO 12372.

6. Funding Restrictions
Pre-CFI Program Grant award costs (costs incurred prior to execution of a grant agreement or authorization in Financial Management Information Systems) will not be reimbursed. Grant funds may not be used to support or oppose union organizing, whether directly or as an offset for other funds.

38 i. Community Program
Under 23 U.S.C. § 151(f)(8)(K), grant funds may be used for educational and community engagement activities (e.g., projects to educate consumers on the availability of new charging and fueling to address range anxiety; projects that work with communities to identify their needs for new charging and fueling infrastructure) to develop and implement education programs through partnerships with schools, community organizations, and vehicle dealerships to support the use of zero-emission vehicles and associated infrastructure; however, this cost is capped at no more than 5 percent of the grant amount the recipient is awarded. As in the Corridor Program, under 23 U.S.C. § 151(f)(7), projects for propane fueling are limited to infrastructure for medium- and heavy-duty vehicles. In addition, under 23 U.S.C. § 151(f)(8)(J), the Secretary may use the Community Program funds for technical assistance to assist grant recipients with the administration of their awarded funds; however, this cost is capped at 1 percent of the of the entire grant amount available for that fiscal year.
ii. Corridor Program
Under 23 U.S.C. § 151(f)(6)(A), grant funds shall only be used to contract with a private entity
46 for acquisition and installation of publicly accessible EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle. As per 23 U.S.C. § 151(f)(6)(C)(i-iii), operating assistance costs allocable to operating and maintaining publicly available EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure for the first 5 years of operations after the installation while the facility transitions to independent system operations and those costs may

46 The Federally Funded Research and Development Centers, including the National Renewable Energy Laboratory, are ineligible to be contracted as a private entity under this grant program.

39 not exceed the amount of the contract to acquire and install publicly accessible charging or fueling infrastructure. Under 23 U.S.C. § 151(f)(6)(D)(i)-(iii), costs for the acquisition and installation of traffic control devices located in the ROW to provide directional information to publicly accessible EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure acquired, installed, or operated is limited to applicants that receive a grant and are using that grant for the traffic control devices and that cost may not exceed the amount of the contract to acquire and install publicly accessible charging or fueling infrastructure. As in the Community Program, under 23 U.S.C. § 151(f)(7), projects for propane fueling are limited to infrastructure for medium- and heavy-duty vehicles.

7. Other Submission Considerations
i. Consideration of Applications
Only applicants who comply with all submission deadlines described in this notice and electronically submit valid applications through Grants.gov will be eligible for award.

Applicants are strongly encouraged to make submissions in advance of the deadline. ii. Late Applications
Applications received after the deadline will not be considered except in the case of unforeseen technical difficulties outlined below. Applicants experiencing technical issues with Grants.gov that are beyond the applicant’s control must contact Sarah Tarpgaard at [email protected] prior to the application deadline with the username of the registrant and details of the technical issue experienced. The applicant must provide:
• Details of the technical issue experienced;
• Screen capture(s) of the technical issues experienced along with corresponding Grants.gov “Grant tracking number”;
• The “Legal Business Name” for the applicant that was provided in the SF- 424;
• The Point of Contact name submitted in the SF-424;

40 • The UEI associated with the application; and
• The Grants.gov Help Desk Tracking Number.

To ensure a fair competition of limited discretionary funds, the following conditions are not valid reasons to permit late submissions: (1) failure to complete the registration process before the deadline; (2) failure to follow Grants.gov instructions on how to register and apply as posted on its Website; (3) failure to follow all instructions in this NOFO; and (4) technical issues experienced with the applicant’s computer or information technology environment.

After FHWA reviews all information submitted and contacts the Grants.gov Help Desk to validate reported technical issues, FHWA staff will contact late applicants to approve or deny a request to submit a late application through Grants.gov. The FHWA will not accept appeals of FHWA’s decision to approve or deny a request for a late application. If the reported technical issues cannot be validated, late applications will be rejected as untimely. iii. Compliance with Section 508 of the Rehabilitation Act of 1973 The DOT encourages applicants to submit documents that are compliant with Section 508 of the Rehabilitation Act of 1973. Section 508 guidelines are available at https://www.access-
board.gov/ict/.

E. Application Review Information

1. Selection Criteria
i. Community Program
The FHWA will award CFI Community Program Grants based on an evaluation of the Project Merit Criteria (Section E.1.iv.), DOT Statutory Selection Priorities (Section E.1.v.), Additional Considerations (Section E.1.vi.), and DOT Priority Considerations (Section E.1.vii.) described in this Section.

41 ii. Corridor Program
The FHWA will award CFI Corridor Program Grants based on an evaluation of the Project Merit Criteria (Section E.1.iv.), Additional Considerations (Section E.1.vi.), and DOT Priority Considerations (Section E.1.vii.) described in this Section. iii. Overall Application Rating
If a project does not meet the applicable eligibility requirements (Section C.), the application will not be evaluated for the Project Merit Criteria or DOT Priority Considerations.

Based on evaluation of the Project Merit Criteria listed below, DOT will assign each eligible project an overall rating of highly recommended, recommended, or not recommended for each of the grant programs for which the applicant is applying. A Highly Recommended project is one that meets all statutory eligibility criteria, receives a rating of Highly Qualified in at least 3 of the 5 Project Merit Criteria described below, and receives at least a rating of Qualified for each of the Project Merit Criteria described below. A Recommended project is one that meets all statutory eligibility criteria and receives at least a rating of Qualified for each of the Project Merit Criteria described below. A Not Recommended project is one that does not meet one or more of the statutory eligibility criteria or receives a rating of Not Qualified for any of the Project Merit Criteria described below. When a project is determined to be Not Recommended at any time during the review, DOT will discontinue further evaluation under remaining criteria. iv. Project Merit Criteria
The DOT has designated five project criteria which will be used to evaluate and rate the merit of an application, as follows.

42 a. Criterion #1 Safety
Applicants must address how their project appropriately mitigates any safety risks introduced by the project. Prior to receiving funds, all projects are expected to, at a minimum, identify and mitigate to the extent practicable any significant safety risks that could result after the project completion. Applicants should include how their project will not negatively impact the overall safety of the traveling public. Applicants should also consider the NRSS 47 when addressing how
the projects will support the goal of achieving zero roadway death though a Safe Systems Approach.

Highly Qualified Qualified Not Qualified
The application demonstrates
that the project will (must
demonstrate all):

The application demonstrates
that the project will (must
demonstrate at least one):

The application contains
insufficient information to
allow reviewers to assess
whether the project will
demonstrate any of the
following items:

(1) Provide positive safety
benefits for all users; (2)
Does not negatively impact
safety for all users; AND (3)
Promote safety through
design.

(1) Provide positive
safety benefits for all
users; (2) Does not
negatively impact
safety for all users;
OR (3) Promote safety
through design.

(1) Provide positive safety
benefits for all users; (2) Does
not negatively impact safety
for all users; OR (3) Promote
safety through design.

b. Criterion #2 Climate Change, Resilience, and Sustainability Applicants must address how the project will consider climate change, resilience, and environmental justice in the planning stage and in project delivery. In particular, applicants must address the extent to which the project reduces greenhouse gas emissions in the transportation sector, incorporates evidence-based climate resilience measures and features, and reduces the

47 https://www.transportation.gov/NRSS

43 lifecycle greenhouse gas emissions from the project materials. Applicants also must address the extent to which the project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, as well as address disproportionate negative impacts of climate change and pollution on disadvantaged communities, including natural disasters, with a focus on prevention, response, and recovery.

Highly Qualified Qualified Not Qualified
The application demonstrates
that the project will (must
demonstrate all):

(1) Significantly reduce
greenhouse gas emissions in
the transportation sector; (2)
Incorporate evidence-based
climate resilience measures or
features, and addresses the
Federal Flood Risk Mitigation
Standard as updated by E.O.
13690, as appropriate; (3)
Consider climate change,
resilience, and environmental
justice in project planning and
delivery; AND (4) address the
extent to which the project
avoids adverse environmental
impacts to air or water quality,
wetlands, and endangered
species, as well as address
disproportionate negative
impacts of climate change and
pollution on disadvantaged
communities, including
natural disasters, with a focus
on prevention, response, and
recovery.

The application demonstrates
that the project will (must
demonstrate at least one):
(1) Significantly reduce
greenhouse gas emissions in
the transportation sector; (2)
Incorporate evidence-based
climate resilience measures or
features, and addresses the
Federal Flood Risk Mitigation
Standard as updated by E.O.
13690, as appropriate; (3)
Consider climate change,
resilience, and environmental
justice in project planning and
delivery; OR (4) address the
extent to which the project
avoids adverse environmental
impacts to air or water quality,
wetlands, and endangered
species, as well as address
disproportionate negative
impacts of climate change and
pollution on disadvantaged
communities, including
natural disasters, with a focus
on prevention, response, and
recovery.

The application contains
insufficient information to
allow reviewers to assess
whether the project will
demonstrate any of the
following items:

(1) Significantly reduce
greenhouse gas emissions in
the transportation sector; (2)
Incorporate evidence-based
climate resilience measures or
features, and addresses the
Federal Flood Risk Mitigation
Standard as updated by E.O.
13690, as appropriate; (3)
Consider climate change,
resilience, and environmental
justice in project planning and
delivery; OR (4) address the
extent to which the project
avoids adverse environmental
impacts to air or water quality,
wetlands, and endangered
species, as well as address
disproportionate negative
impacts of climate change and
pollution on disadvantaged
communities, including
natural disasters, with a focus
on prevention, response, and
recovery.

44 c. Criterion #3 Equity, Community Engagement, and Justice40 Applicants must address how their project will include an equity assessment which evaluates whether a project will create proportional impacts and remove transportation related disparities to all populations in a project area. Although not required, applicants are encouraged to use DOT’s Transportation Disadvantaged Census Tracts (arcgis.com) tool or equivalent tools in their assessment. Applicants should demonstrate how meaningful public involvement 48, inclusive of
disadvantaged populations, will occur throughout a project’s life cycle. Projects should demonstrate, to the extent possible, that outcomes should target at least 40 percent of benefits towards low-income communities, disadvantaged communities, communities underserved by affordable transportation, or overburdened communities. Applicants should address how project benefits will increase affordable transportation options, improve safety, connect Americans to good-paying jobs, fight climate change, and improve access to resources and quality of life.

Highly Qualified Qualified Not Qualified
The application demonstrates
that the project will (must
demonstrate all):

(1) include an equity analysis
which evaluates whether a
project will create
proportional impacts and
remove transportation related
disparities to all populations
in a project area. Although
not required, applicants are
encouraged to use DOT’s
Transportation Disadvantaged
Census Tracts (arcgis.com) or
EV Charging Justice40 Map
(arcgis.com) tool or
equivalent tools in their
assessment; (2) include
The application demonstrates
that the project will (must
demonstrate at least one):

(1) include an equity analysis
which evaluates whether a
project will create
proportional impacts and
remove transportation related
disparities to all populations
in a project area. Although
not required, applicants are
encouraged to use DOT’s
Transportation Disadvantaged
Census Tracts (arcgis.com) or
EV Charging Justice40 Map
(arcgis.com) tool or
equivalent tools in their
assessment; (2) include
The application contains
insufficient information to
allow reviewers to assess
whether the project will
demonstrate any of the
following items:

(1) include an equity analysis
which evaluates whether a
project will create
proportional impacts and
remove transportation related
disparities to all populations
in a project area. Although
not required, applicants are
encouraged to use DOT’s
Transportation Disadvantaged
Census Tracts (arcgis.com) or
EV Charging Justice40 Map

48 https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement- transportation-decision-making

45 meaningful public
engagement throughout a
project’s life cycle and to the
extent possible, projects that
target at least 40 percent of
benefits towards low-income
communities, disadvantaged
communities, communities
underserved by affordable
transportation, or
overburdened communities;
(3) increase affordable
transportation options,
improve safety, connect
Americans to good-paying
jobs, fight climate change, or
improve access to resources
and quality of life; (4) Enable
all people within the
multimodal transportation
networks to reach their
desired destination safely,
affordably, and with a
comparable level of efficiency
and ease; (5) Address, as
applicable, the unique
challenges rural and Tribal
communities face related to
mobility and economic
development, including
isolation, transportation cost
burden, and traffic safety
(consistent with DOT’s Rural
Opportunities to Use
Transportation for Economic
Success (ROUTES) initiative)
if geographically relevant to
the project or indicate that this
is not relevant; AND (6)
Incorporate and support
integrated land use, economic
development and
transportation planning to
improve the movement of
people and goods and local
fiscal health, facilitates greater
meaningful public
engagement throughout a
project’s life cycle and to the
extent possible, projects that
target at least 40 percent of
benefits towards low-income
communities, disadvantaged
communities, communities
underserved by affordable
transportation, or
overburdened communities;
(3) increase affordable
transportation options,
improve safety, connect
Americans to good-paying
jobs, fight climate change, or
improve access to resources
and quality of life; (4) Enable
all people within the
multimodal transportation
networks to reach their
desired destination safely,
affordably, and with a
comparable level of efficiency
and ease; (5) Address, as
applicable, the unique
challenges rural and Tribal
communities face related to
mobility and economic
development, including
isolation, transportation cost
burden, and traffic safety
(consistent with DOT’s Rural
Opportunities to Use
Transportation for Economic
Success (ROUTES) initiative)
if geographically relevant to
the project or indicate that this
is not relevant; OR (6)
Incorporate and support
integrated land use, economic
development and
transportation planning to
improve the movement of
people and goods and local
fiscal health, facilitates
(arcgis.com) tool or
equivalent tools in their
assessment; (2) include
meaningful public
engagement throughout a
project’s life cycle and to the
extent possible, projects that
target at least 40 percent of
benefits towards low-income
communities, disadvantaged
communities, communities
underserved by affordable
transportation, or
overburdened communities;
(3) increase affordable
transportation options,
improve safety, connect
Americans to good-paying
jobs, fight climate change, or
improve access to resources
and quality of life; (4) Enable
all people within the
multimodal transportation
networks to reach their
desired destination safely,
affordably, and with a
comparable level of efficiency
and ease; (5) Address, as
applicable, the unique
challenges rural and Tribal
communities face related to
mobility and economic
development, including
isolation, transportation cost
burden, and traffic safety
(consistent with DOT’s Rural
Opportunities to Use
Transportation for Economic
Success (ROUTES) initiative)
if geographically relevant to
the project or indicate that this
is not relevant; OR (6)
Incorporate and support
integrated land use, economic
development and
transportation planning to

46 public and private investments
and strategies in land-use
productivity, including rural
main street revitalization or
increase in the production or
preservation of location-
efficient housing.
greater public and private
investments and strategies in
land-use productivity,
including rural main street
revitalization or increase in
the production or preservation
of location-efficient housing.
improve the movement of
people and goods and local
fiscal health, facilitates
greater public and private
investments and strategies in
land-use productivity,
including rural main street
revitalization or increase in
the production or preservation
of location-efficient housing.

d. Criterion #4 Workforce Development, Job Quality, and Wealth Creation Applicants must address how their project will create good-paying jobs with free and fair choice to join a union, including, but not limited to the use of project labor agreements, promote investments in high-quality workforce development programs with supportive services to help train, place, and retain people in good-paying jobs or registered apprenticeship, with a focus on women, people of color, and others that are underrepresented in infrastructure jobs (people with disabilities, people with convictions, etc.); and change hiring policies and workplace cultures to promote the entry and retention of underrepresented populations. Applicants should address how the project promotes local inclusive economic development and entrepreneurship, including prioritizing the utilization of Disadvantaged Business Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a) firms.
49 Highly Qualified Qualified Not Qualified
The application demonstrates
that the project will (must
demonstrate all):

(1) create good-paying jobs
with free and fair choice to
join a union and expand strong
labor standards including, but
The application demonstrates
that the project will (must
demonstrate at least one):

(1) create good-paying jobs
with free and fair choice to
join a union and expand
strong labor standards
The application contains
insufficient information to
allow reviewers to assess
whether the project will
demonstrate any of the
following items:

49 Nothing in this criterion is intended to conflict with DOT’s DBE Program regulations at 49 CFR part 26. The use of DBE or firms that may be certified for participation in other applicable Federal, State, or local programs must be consistent with DOT DBE.

47 not limited to the use of
project labor agreements; (2)
promote investments in high-
quality workforce
development programs with
supportive services to help
train, place, and retain people
in good-paying jobs or
registered apprenticeship, with
a focus on women, people of
color, and others that are
underrepresented in
infrastructure jobs (people
with disabilities, people with
convictions, etc.); (3) utilize
hiring policies and provide a
workplace culture to promote
the entry and retention of
underrepresented populations;
AND (4) promote local
inclusive economic
development and
entrepreneurship such as the
utilization of Disadvantaged
Business Enterprises,
Minority-owned Businesses,
Women-owned Businesses, or
8(a) firms.
including, but not limited to
the use of project labor
agreements; (2) promote
investments in high-quality
workforce development
programs with supportive
services to help train, place,
and retain people in good-
paying jobs or registered
apprenticeship, with a focus
on women, people of color,
and others that are
underrepresented in
infrastructure jobs (people
with disabilities, people with
convictions, etc.); (3) utilize
hiring policies and provide a
workplace culture to promote
the entry and retention of
underrepresented populations;
OR (4) promote local
inclusive economic
development and
entrepreneurship such as the
utilization of Disadvantaged
Business Enterprises,
Minority-owned Businesses,
Women-owned Businesses, or
8(a) firms.
(1) create good-paying jobs
with free and fair choice to
join a union and expand strong
labor standards including, but
not limited to the use of project
labor agreements; (2) promote
investments in high-quality
workforce development
programs with supportive
services to help train, place,
and retain people in good-
paying jobs or registered
apprenticeship, with a focus on
women, people of color, and
others that are
underrepresented in
infrastructure jobs (people with
disabilities, people with
convictions, etc.); (3) utilize
hiring policies and provide a
workplace culture to promote
the entry and retention of
underrepresented populations;
OR (4) promote local inclusive
economic development and
entrepreneurship such as the
utilization of Disadvantaged
Business Enterprises,
Minority-owned Businesses,
Women-owned Businesses, or
8(a) firms.

e. Criterion #5 CFI Program Vision
Applicants must describe how their project will fulfill the CFI Program Vision by expanding the deployment of EV charging and alternative fuels through community-based infrastructure in the Community Program and Alternative Fueling Corridor Networks in the Corridor Program.

Highly Qualified Qualified Not Qualified
The application demonstrates
the project WILL:

For Community Programs,
The application demonstrates
the project MAY:

For Community Programs,
The application contains
insufficient information to
allow reviewers to assess
whether the project WILL or

48 equitably expand the
deployment of public EV
charging infrastructure, or
hydrogen, propane or natural
gas fueling infrastructure in
publicly accessible locations
for use by the community,
including but not limited to
local businesses; retail centers;
municipal and local
community sites; intermodal
transportation facilities,
parking facilities, multimodal
hubs, multiunit dwellings,
workplaces, commercial
districts, tourism destinations
and cultural sites; public parks
and recreational destinations,
and other frequented site host
locations in the local
community.

In addition, the application
demonstrates that the project
will address one of the
following focus areas in
Section D.2.i.: (1) connect or
promote multi-modal hubs and
shared-use fleets and services;
(2) provide convenient,
affordable access to charging
and alternative fuel
infrastructure to offer
urban/suburban area charging
and fueling solutions; (3)
support multi-purpose use to
offer rural are charging and
fueling solutions; OR (4)
enable electrification or
alternative fuel use for fleet
vehicles that serve and operate
in the community.

OR

For Corridor Programs,
equitably expand the
deployment of public EV
charging infrastructure, or
hydrogen, propane or natural
gas fueling infrastructure in
publicly accessible locations
for use by the community,
including but not limited to
local businesses; retail centers;
municipal and local
community sites; intermodal
transportation facilities,
parking facilities, multimodal
hubs, multiunit dwellings,
workplaces, commercial
districts, tourism destinations
and cultural sites; public parks
and recreational destinations,
and other frequented site host
locations in the local
community.

In addition, the application
demonstrates that the project
may address one of the
following focus areas in
Section D.2.i.: (1) connect or
promote multi-modal hubs and
shared-use fleets and services;
(2) provide convenient,
affordable access to charging
and alternative fuel
infrastructure to offer
urban/suburban area charging
and fueling solutions; (3)
support multi-purpose use to
offer rural are charging and
fueling solutions; OR (4)
enable electrification or
alternative fuel use for fleet
vehicles that serve and operate
in the community.

OR

For Corridor Programs,
MAY demonstrate any of the
following items:

For Community Programs,
equitably expand the
deployment of public EV
charging infrastructure, or
hydrogen, propane or natural
gas fueling infrastructure in
publicly accessible locations
for use by the community,
including but not limited to
local businesses; retail centers;
municipal and local
community sites; intermodal
transportation facilities,
parking facilities, multimodal
hubs, multiunit dwellings,
workplaces, commercial
districts, tourism destinations
and cultural sites; public parks
and recreational destinations,
and other frequented site host
locations in the local
community.

In addition, the application
contains insufficient
information to allow reviewers
to assess whether the project
WILL or MAY demonstrate
any of the following focus
areas in Section D.2.i.: (1)
connect or promote multi-
modal hubs and shared-use
fleets and services; (2) provide
convenient, affordable access
to charging and alternative
fuel infrastructure to offer
urban/suburban area charging
and fueling solutions; (3)
support multi-purpose use to
offer rural are charging and
fueling solutions; OR (4)
enable electrification or
alternative fuel use for fleet

49 expand deployment of public
DC fast charge EV charging
infrastructure, or hydrogen,
propane or natural gas fueling
infrastructure along FHWA-
designated AFCs that would
enable or accelerate the
construction of charging or
fueling infrastructure that
would be unlikely to be
completed without Federal
assistance.

In addition, the application
demonstrates that the project
will address one of the
following focus areas in
Section D.2.i.: (1) demonstrate
build-out of AFCs by
expanding existing or adding
new charging and fueling
infrastructure; (2) enable zero
emission corridors for
medium- and heavy-duty
vehicles that will enable zero
emission movement of goods,
connecting distribution hubs
and population centers; OR
(3) promote reliability and
resiliency to intermittent or
sustained power outages or
extreme weather events.
expand deployment of public
DC fast charge EV charging
infrastructure, or hydrogen,
propane or natural gas fueling
infrastructure along FHWA-
designated AFCs that would
enable or accelerate the
construction of charging or
fueling infrastructure that
would be unlikely to be
completed without Federal
assistance.

In addition, the application
demonstrates that the project
may address one of the
following focus areas in
Section D.2.i.: (1) demonstrate
build-out of AFCs by
expanding existing or adding
new charging and fueling
infrastructure; (2) enable zero
emission corridors for
medium- and heavy-duty
vehicles that will enable zero
emission movement of goods,
connecting distribution hubs
and population centers; OR
(3) promote reliability and
resiliency to intermittent or
sustained power outages or
extreme weather events.
vehicles that serve and operate
in the community.

OR

For Corridor Programs,
expand deployment of public
DC fast charge EV charging
infrastructure, or hydrogen,
propane or natural gas fueling
infrastructure along FHWA-
designated AFCs that would
enable or accelerate the
construction of charging or
fueling infrastructure that
would be unlikely to be
completed without Federal
assistance.

In addition, the application
contains insufficient
information to allow
reviewers to assess whether
the project WILL or MAY
demonstrate any of the
following focus areas in
Section D.2.i.: (1)
demonstrate build-out of
AFCs by expanding existing
or adding new charging and
fueling infrastructure; (2)
enable zero emission
corridors for medium- and
heavy-duty vehicles that will
enable zero emission
movement of goods,
connecting distribution hubs
and population centers; OR
(3) promote reliability and
resiliency to intermittent or
sustained power outages or
extreme weather events.

50 v. DOT Statutory Selection Priorities – Community Program Only The following are Secretarial Statutory Selection Priorities for the CFI Program, which are unique to the Community Program.
(1) Priority goes to projects that expand access to EV vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure within rural areas (23 U.S.C. § 151(f)(8)(F)(i)); (2) Priority goes to projects that expand access to EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure within low- and moderate-income neighborhoods (23 U.S.C. § 151(f)(8)(F)(ii)); and
(3) Priority goes to projects that expand access to EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure within communities with a low ratio of private parking spaces to households or a high ratio of multiunit dwellings to single family homes, as determined by the Secretary (23 U.S.C. § 151(f)(8)(F)(iii)). vi. Additional Considerations
Community Program Considerations
For the Community Program, DOT will consider the extent to which the project contributes to geographic diversity among eligible entities, including achieving a balance between urban and rural communities
50 and the extent to which the project meets current or anticipated market demands for charging or fueling infrastructure, including faster charging

50 23 U.S.C. § 151(f)(8)(G)(i)

51 speeds with high-powered capabilities necessary to minimize the time to charge or refuel current and anticipated vehicles.51
Corridor Program Considerations
For the Corridor Program, DOT will consider the extent to which the projects will improve alternative fueling corridor networks by converting corridor-pending corridors to corridor-ready corridors or in the case of corridor-ready corridors, providing redundancy (aa) to meet excess demand for charging or fueling infrastructure; or (bb) to reduce congestion at existing charging or fueling infrastructure in high-traffic locations 52 through identification of
existing53 and planned54 locations. The DOT will consider the extent to which project would meet current or anticipated market demands for corridor charging or alternative fueling infrastructure,55 would support a long-term competitive market for charging or alternative fueling and does not significantly impair existing charging and infrastructure providers56 through an analysis of the estimated charging or alternative fueling demand at the proposed infrastructure locations that was coordinated to avoid infrastructure overlap. The DOT will consider the extent to which the project would enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance 57 as a result of
meaningful public engagement with communities that have lacked private investment in vehicle charging or alternative fuel infrastructure. The DOT will consider the extent to which the project would deploy EV charging infrastructure, hydrogen fueling infrastructure, propane fueling

51 23 U.S.C. § 151(f)(8)(G)(ii)
52 23 U.S.C. § 151(f)(5)(A)(i)(I) and (II) (aa) and (bb) 53 https://afdc.energy.gov/station
54 https://www.fhwa.dot.gov/environment/nevi/ev_deployment_plans/ 55 23 U.S.C. § 151(f)(5)(A)(ii)
56 23 U.S.C. § 151(f)(5)(A)(iv)
57 23 U.S.C. § 151(f)(5)(A)(iii)

52 infrastructure, or natural gas fueling infrastructure for medium- and heavy-duty vehicles (including along the National Highway Freight Network established under section 167(c)) and in proximity to intermodal transfer stations58 by identifying if the proposed infrastructure would be located at, near, or enroute to an intermodal coastal or inland port facility, and if yes, describe whether and how the proposed charging or alternative fuel infrastructure will be designed and scaled to accommodate medium- and heavy-duty alternative fuel vehicles. The DOT will consider the extent to which the project would ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure is available throughout the United States.
59 The DOT will also consider the extent to which the
private entity that the eligible entity contracts for an eligible project (i) submits to the Secretary the most recent year of audited financial statements and (ii) has experience in installing and operating EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure
60 as evidenced by discussion in the narrative
and provided resumes (not to exceed 2 pages per resume) for key participating team members.

The DOT will also consider the extent to which, to the maximum extent practicable, the eligible entity and the private entity that the eligible entity contracts for an eligible project enter into an agreement (i) to operate and maintain publicly available EV charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas infrastructure and (ii) that provides a remedy and an opportunity to cure if the requirements described in clause (i) are not met.
61 58 23 U.S.C. § 151(f)(5)(A)(vi)
59 23 U.S.C. § 151(f)(5)(B)
60 23 U.S.C. § 151(f)(5)(C)(i) and (ii)
61 23 U.S.C. § 151(f)(5)(D)(i) and (ii)

53 vii. DOT Priority Considerations
The following are DOT Priority Considerations for the CFI Program, which apply to BOTH the Community and Corridor Programs.

After completing the merit review, DOT will prioritize Highly Recommended projects and Recommended projects that demonstrate exceptional benefits under Merit Criterion #3 Equity, Community Engagement, and Justice40, Merit Criterion #4 Workforce Development, Job Quality, and Wealth Creation, or Merit Criterion #5 CFI Program Vision.

2. Review and Selection Process
The FHWA will evaluate applicants for the CFI Program Grants in accordance with the evaluation process described below. The FHWA CFI Program Manager will conduct an application intake and eligibility review by providing an initial eligibility screening based on the respective statutory eligibility criteria under Section C of the NOFO. Only eligible projects will be evaluated against the selection criteria described above. i. Review Process
The FHWA will establish a Technical Review Team to review each eligible application for Community and Corridor funding categories. The Technical Review Team may be composed of individuals from FHWA Office of Planning, Environment and Real Estate, other FHWA Offices, Office of the Secretary, other DOT Administrations, the Joint Office of Energy and Transportation, and the U.S. Department of Energy. They will review each application against the Project Merit Criteria to assign an overall rating of “Highly Recommended,” “Recommended,” or “Not Recommended,” as defined under Section E.1.iv. to each application.

After assignment of the overall rating, the Technical Review Team will prioritize the Highly Recommended and Recommended applications for responsiveness to the applicable DOT

54 Statutory Selection Priorities (Community Program), Additional Considerations, and DOT Priority Considerations as described under Section E.1.v-vii. ii. Selection Process
The Technical Review Team will send the overall project rating for each grant application and the evaluation of responsiveness to the DOT Statutory Selection Priorities (Community Program), Additional Considerations, and DOT Priority Considerations for Highly Recommended and Recommend projects to the FHWA Senior Review Team (SRT). The FHWA SRT will determine which projects to advance to the FHWA Administrator as recommended for funding. The FHWA Administrator will determine which projects to advance to the Secretary, through the Under Secretary for Transportation Policy, as recommended for funding. The FHWA SRT is comprised of FHWA’s Senior Leadership and appropriate senior officials from the Office of Secretary as determined by the FHWA Administrator. The FHWA SRT will be the same for both CFI Programs.

The FHWA SRT will determine which Highly Recommended projects to advance to the FHWA Administrator. The FHWA SRT may also recommend for selection Recommended projects that meet one or more of the DOT Priority Considerations. When recommending a Recommended project over a Highly Recommended project, the FHWA SRT will select Recommended projects by considering how well the project addressed the Statutory Selection Considerations and Project Merit Criteria. The FHWA SRT will also consider the number of merit criteria rated Highly Qualified and endeavor to ensure a geographically diverse award of projects when recommending a Recommended project over a Highly Recommended project.

The FHWA Administrator will determine which Highly Recommended projects, and any Recommended projects, to advance to the Secretary after considering the FHWA SRT

55 recommendations including the responsiveness to the DOT Priority Considerations. The FHWA Administrator may advise the Secretary on options for reduced awards and ability to award certain eligible applications under either the Community or the Corridor Program. To the extent possible, all applications will be considered for both the Community and the Corridor Program regardless of which grant is applied for.

The Secretary makes final project selections and will select among the projects advanced by the FHWA Administrator. The Secretary’s selections identify the applications that best address the CFI Program Vision for Community and Corridor Grants, Project Merit Criteria, DOT Statutory Selection Priorities (for Community Program), Additional Considerations, , and DOT Priority Considerations.

3. Additional Information
The FHWA may, during the selection process, enter into discussions with an applicant that may include mutually agreeing upon a lesser amount of a potential award than originally requested in the application if necessary due to the quantity, size, and scope of the applications received in response to this notice and the results of the application review process. Discussions may include scalable project options as described under Section B.2. of this notice.

Prior to award, each selected applicant will be subject to a risk assessment as required by 2 CFR 200.206. The DOT must review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM. An applicant may review information in SAM.gov and comment on any information about itself that a Federal awarding Agency previously entered. The FHWA will consider comments by the applicant, in addition to the other information in SAM.gov, in making a judgment about the applicant’s

56 integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants.

F. Federal Award Administration Information

1. Award Notices
Following the evaluation outlined in Section E., the Secretary will announce awarded projects by posting a list of selected projects at CFI - Environment - FHWA (dot.gov).

Notice of selection is not authorization to begin performance or to incur costs for the proposed project. Following that announcement, FHWA will contact the point of contact listed in the SF 424 to initiate negotiation of the project agreement for authorization. Recipients of CFI Program Grant awards will not receive lump-sum cash disbursements at the time of award announcement or obligation of funds. Instead, FHWA will reimburse CFI Program Grant funds to recipients only after a project agreement has been executed, allowable expenses are incurred, and valid requests for reimbursement are submitted. Unless authorized by FHWA in writing after FHWA’s announcement of FY 2022 and FY 2023 CFI Program awards, any costs that a recipient incurs before FHWA executes a project agreement for that recipient’s project are ineligible for reimbursement and are ineligible match for cost share requirements.

2. Administrative and National Policy Requirements
All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR Part 200, as adopted by DOT at 2 CFR Part 1201. Applicable Federal laws, rules, and regulations set forth in title 23, U.S.C., and title 23 of the CFR, shall apply to awards provided under this program. Awards are subject to all applicable Federal laws, rules, and regulations, including the Uniform Relocation and Real Property Acquisition Act (42 U.S.C. §§ 4601 et seq.; 49 CFR part 24) and National

57 Environmental Policy Act (NEPA) (42 U.S.C. §§ 4321 et seq.; 40 CFR parts 1500 – 1508; 23 CFR part 771). Applicants should consider the appropriate level of review under NEPA. Eligible CFI projects are generally the type of actions that would not be expected to result in significant environmental impacts. Several NEPA Categorical Exclusions (CE) may be applicable including those found at 23 CFR 771.117(c) and (d), depending on the scope of the action and the CEs conditions. One example of a CE that may apply to projects under this grant is the CE 23 CFR 771.117 (c)(23), however other CEs or other NEPA requirements may apply. Before a CE determination can be applied, the action must be analyzed to determine whether there are project impacts to natural, community, or historical resources (i.e., unusual circumstances that would require further analysis to determine whether the CE classification is appropriate (see 23 CFR 771.117(a-b)).

In connection with any program or activity conducted with or benefiting from funds awarded under this notice, recipients of funds must comply with all applicable requirements of Federal law, including, without limitation, the Constitution of the United States; the conditions of performance, non-discrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of DOT; and applicable Federal financial assistance and contracting principles promulgated by the Office of Management and Budget (OMB). In complying with these requirements, recipients, in particular, must ensure that no concession agreements are denied or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If FHWA determines that a recipient has failed to comply with applicable Federal requirements, FHWA may terminate the award of funds and disallow previously incurred costs, requiring the recipient to reimburse any expended award funds.

58 In particular, EO 14005 directs the Executive Branch Departments and Agencies to maximize the use of goods, products, and materials produced in, and services offered in, the United States through the terms and conditions of Federal financial assistance awards. If selected for an award, grant recipients must be prepared to demonstrate how they will maximize the use of domestic goods, products, and materials in constructing their project. Any grant projects involving vehicle acquisition must involve only vehicles that comply with applicable Federal Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carriers Safety Regulations (FMCSR), or vehicles that are exempt from FMVSS or FMCSR in a manner that allows for the legal acquisition and deployment of the vehicle or vehicles.

Critical Infrastructure Security and Resilience: It is the policy of the United States to strengthen the security and resilience of its critical infrastructure against both physical and cyber threats. Each applicant selected for Federal funding under this notice must demonstrate, prior to the signing of the grant agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the project.

Projects that have not appropriately considered and addressed physical and cyber security and resilience in their planning, design, and project oversight, as determined by the Department and the U.S. Department of Homeland Security, will be required to do so before receiving funds for construction, consistent with Presidential Policy Directive 21 - Critical Infrastructure Security and Resilience and the National Security Presidential Improving Cybersecurity for Critical Infrastructure Control Systems. Information on cybersecurity performance goals can be found at https://www.cisa.gov/cpg. These performance goals provide a baseline set of cybersecurity practices broadly applicable across critical infrastructure with known risk-reduction value, a benchmark for critical infrastructure operators to measure and improve their cybersecurity

59 maturity, and a combination of recommended practices for IT and OT owners, including a prioritized set of security practices.  Additionally, funding recipients must be in compliance with 2 CFR § 200.216 and the prohibition on certain telecommunications and video surveillance services or equipment.

Domestic Preference Requirements: As expressed in EO 14005, ‘Ensuring the Future Is Made in All of America by All of America’s Workers’ (86 FR 7475), the executive branch should maximize, consistent with law, the use of goods, products, and materials produced in, and services offered in, the United States. Funds made available under this notice are subject to the domestic preference requirement at Build America, Buy America Act (Pub. L.

No 117-58, div. G §§ 70901–70927). The Department expects all applicants to comply with that requirement. However, to obtain a waiver, a recipient must be prepared to demonstrate how they will maximize the use of domestic goods, products, and materials in constructing their project.

Civil Rights and Title VI: As a condition of a grant award, grant recipients should demonstrate that the recipient has a plan for compliance with civil rights obligations and nondiscrimination laws, including Title VI of the Civil Rights Act of 1964 and implementing regulations (49 CFR part 21), the ADA, and Section 504 of the Rehabilitation Act, all other civil rights requirements, and accompanying regulations. This should include a current Title VI plan, completed Community Participation Plan, and a plan to address any legacy infrastructure or facilities that are not compliant with ADA standards. The DOT’s and the applicable Operating Administrations’ Office of Civil Rights may work with awarded grant recipients to ensure full compliance with Federal civil rights requirements.

60 Federal Contract Compliance: As a condition of grant award and consistent with EO 11246, EEO (30 FR 12319, and as amended), all Federally-assisted contractors are required to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women, in addition to goals that vary based on geography for construction work hours and for work being performed by people of color. Under Section 503 of the Rehabilitation Act and its implementing regulations, affirmative action obligations for certain contractors include an aspirational employment goal of 7 percent workers with disabilities.

The DOL’s OFCCP is charged with enforcing EO 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. OFCCP has a Mega Construction Project Program through which it engages with project sponsors as early as the design phase to help promote compliance with non-discrimination and affirmative action obligations. The OFCCP will identify projects that receive an award under this notice and are required to participate in OFCCP’s Mega Construction Project Program from a wide range of federally-assisted projects over which OFCCP has jurisdiction and that have a project cost above $35 million. Additional information on how OFCCP makes their selections for participation in the Mega Construction Project Program is outlined under “Scheduling” on the DOL Website: Construction Compliance Frequently Asked Questions | U.S. Department of Labor (dol.gov).

The applicability of Federal requirements to a project may be affected by the scope of the NEPA reviews for that project. For example, under 23 U.S.C. § 313(g), Buy America requirements apply to all contracts that are eligible for assistance under title 23, United States Code, and are carried out within the scope of the NEPA finding, determination, or decision

61 regardless of the funding source of such contracts if at least one contract is funded with Title 23 funds. As another example, ADA regulations and Section 504 of the Rehabilitation Act of 1973 regulations apply to all projects funded under this notice.

Performance and Program Evaluation: As a condition of grant award, grant recipients may be required to participate in an evaluation undertaken by DOT or another Agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. The DOT may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor or DOT staff; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or DOT staff.

Recipients and subrecipients are also encouraged to incorporate program evaluation including associated data collection activities from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting an Agency priority goal(s). Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), Pub. L. No. 115-435 (2019) urges Federal awarding Agencies and Federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, to improve equitable delivery, and to elevate program service and delivery across the program lifecycle. Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and

62 efficiency.” 5 U.S.C. § 311. Credible program evaluation activities are implemented with relevance and utility, rigor, independence and objectivity, transparency, and ethics (OMB Circular A-11, Part 6 Section 290).

For grant recipients receiving an award, evaluation costs are allowable costs (either as direct or indirect), unless prohibited by statute or regulation, and such costs may include the personnel and equipment needed for data infrastructure and expertise in data analysis, performance, and evaluation (2 CFR Part 200).

Climate Change and Environmental Justice Impact Consideration: Each applicant selected for CFI Program funding must demonstrate effort to consider climate change and environmental justice impacts as described in Section E.1.b. Projects that have not sufficiently considered climate change and environmental justice in their planning, as determined by the DOT, will be required to do so before receiving funds for construction, consistent with EO 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619). 62 Equity and Barriers to Opportunity: Each applicant selected for CFI Program Grant funding must demonstrate effort to improve equity and reduce barriers to opportunity. Projects that have not sufficiently considered equity and barriers to opportunity in their planning, as determined by DOT, will be required to do so before receiving funds for construction, consistent with EO 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009).
63 62 An illustrative example of how these requirements are applied to recipients can be found here:
https://cms.buildamerica.dot.gov/buildamerica/financing/infra-grants/infra-fy21-fhwa-general-terms-and-conditions 63 An illustrative example of how these requirements are applied to recipients can be found here:
https://cms.buildamerica.dot.gov/buildamerica/financing/infra-grants/infra-fy21-fhwa-general-terms-and-conditions

63 Davis-Bacon Act: Recipients of an award under this program are also required to comply fully with the Davis-Bacon Act (40 U.S.C. §§ 3141-3148; 23 U.S.C. § 109(s)(2); 23 U.S.C. § 113(a)), which requires all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by an award made available under this program, be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor.

Disadvantaged Business Enterprise Program: Recipients of an award under this program are also required to comply fully with the DBE Program, which is a legislatively mandated DOT program that applies to Federal-aid highway dollars expended on federally-assisted contracts issued by DOT recipients in order to ensure nondiscrimination in the award and administration of DOT-assisted contracts, help remove barriers to the participation of DBEs in DOT-assisted contracts, and assist in the development of firms that can compete successfully in the marketplace outside of the DBE Program. The DBE Program was most recently reauthorized by the Moving Ahead for Progress in the 21st Century Act (P.L. 112-141).

C
ompliance with 23 CFR Part 680: Recipients of an award under this program are also required to comply fully with applicable sections of the National Electric Vehicle Infrastructure Standards and Requirements (23 CFR Part 680), which has certain requirements for EV charging infrastructure, including installation, operation, and maintenance requirements, interoperability and connectivity standards, minimum uptime requirements, data submission requirements, as well as certain data fields that must be made available, free of charge, to third-party software developers, via application programming interface.
64 This regulation also has certain

64 EV Charging Minimum Standards Rule as Submitted to Federal Register for Publication (Unofficial) (dot.gov)

64 requirements for the workforce installing, maintaining, and operating EV chargers has appropriate licenses, certifications, and training to ensure that the installation and maintenance of EV chargers is performed safely by a qualified and increasingly diverse workforce of licensed technicians and other laborers.
65 Installation, maintenance and operations of infrastructure for other fuel types is encouraged to follow a similar approach and utilize a skilled workforce with appropriate licenses, certifications, and training.

3. Reporting
i. Progress Reporting on Grant Activities
Each applicant selected for CFI Program Grant funding must submit quarterly progress reports and Federal Financial Reports (SF-425) to monitor project progress and ensure accountability and financial transparency in the CFI Program grant process. Each applicant selected for CFI Program Grant funding will also be subject to applicable reporting and data submission requirements in 23 CFR 680.112(a)-(c) and 23 CFR 680.116(c). ii. Reporting of Matters Related to Recipient Integrity and Performance If the total value of a selected applicant’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding Agencies exceeds $10 million for any period of time during the period of performance of this Federal award, then the applicant during that period of time must maintain the currency of information reported to the SAM that is made available in the designated integrity and performance system (currently FAPIIS) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Pub. L. No. 110-417, as amended (41 U.S.C. § 2313). As required by section 3010 of Pub. L. No. 111-212, all information posted

65 23 CFR 680.106(j)

65 in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. iii. Other
FHWA reserves the right to request additional information, if deemed needed, to better understand the status of the project. The successful applicant will provide additional financial reporting beyond the semi-annual reporting, if such statements are necessary to address FHWA’s Stewardship and Oversight responsibility of the funds. The successful applicant also agrees to allow periodic project inspections and FHWA will provide notice for such inspections.

G. Federal Awarding Agency Contacts
For questions concerning this NOFO and the CFI Program, please Email [email protected].

A TDD is available for individuals who are deaf or hard of hearing at (202) 366-3993.

Office hours are from 7:30 a.m. to 4:00 p.m., Eastern Time, Monday through Friday, except Federal holidays.

66 H. Other Information

1. Protection of Confidential Business Information

All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. If the applicant submits information that the applicant considers to be a trade secret or confidential commercial or financial information, the applicant must provide that information in a separate document, which the applicant may cross- reference from the application narrative or other portions of the application. For the separate document containing confidential information, the applicant must do the following: (1) state on the cover of that document that it ‘‘Contains Confidential Business Information (CBI)’’; (2) mark each page that contains confidential information with ‘‘CBI’’; (3) highlight or otherwise denote the confidential content on each page; and (4) at the end of the document, explain how disclosure of the confidential information would cause substantial competitive harm. DOT will protect confidential information complying with these requirements to the extent required under applicable law. If FHWA receives a Freedom of Information Act (FOIA) request for the information that the applicant has marked in accordance with this section, FHWA will follow the procedures described in its FOIA regulations at 49 CFR 7.29. Only information that is in the separate document, marked in accordance with this section, and ultimately determined to be confidential under § 7.29 will be exempt from disclosure under FOIA.

67 2. Publication/Sharing of Application Information
Following the completion of the selection process and announcement of awards, FHWA may publish a list of all applications received along with the names of the applicant organizations and funding amounts requested. Except for the information properly marked as described in Section H., FHWA may make application narratives publicly available or share application information within DOT or with other Federal Agencies if FHWA determines that sharing is relevant to the respective program’s objectives.

3. DOT Feedback on Applications
Feedback by FHWA is available as a courtesy to applicants not selected for award to receive information about the evaluation of their application.

Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: May 16, 2023
Submitted By:

Keith C. Metzler, City Manager
Sophie L. Smith, Deputy City Manager

Subject:

Resignation from Interagency Council on Homelessness (ICH) Recommendation:

That Your Honorable City Council approve a Letter of Resignation from the City of Victorville as a member of the Interagency Council on Homelessness, and from its role as Chair and Secretary of the Desert Regional Steering Committee.

Fiscal Impact:

There is no fiscal impact associated with this action.

Strategic Plan Goal:

Strategic Plan Goal D. Reduce Homelessness. Victorville’s resignation from its seat on the Interagency Council on Homelessness will afford staff more time to focus on Victorville-specific homelessness solutions.

Background:

The Interagency Council on Homelessness (ICH) is the policy-making body and Governing Board for the San Bernardino County Continuum of Care (CoC), known as the San Bernardino County Homeless Partnership. On January 24, 2018, ICH voted to increase its city membership from 10 to 12 cities. On May 7, 2018, ICH invited the City of Victorville to apply for one of the two new membership positions. Victorville submitted its application, and on August 15, 2018, the ICH members approved the City of Victorville as one of the two newly represented cities. Subsequently, on September 4, 2018, the Victorville City Council appointed City Manager Keith Metzler as primary representative and Sophie Smith as an alternate to represent Victorville on the Interagency Council on Homelessness (ICH).
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On August 28, 2019, the ICH Board took action to amend its Governance Manual and Bylaws. The change in the Governance Manual and Bylaws created a regional representation system and transferred the authority to appoint five city representatives, representing the five regions covered by the CoC, to the City Selection Committee. On September 25, 2019, the City Selection Committee recommended, and the ICH Board approved, Keith Metzler as the City Desert Region Representative. The Victorville City Council has affirmed City Manager Keith Metzler and Deputy City Manager Sophie Smith as the primary and alternate members for ICH through its annual Outside Agency Appointments process each December.

Discussion:

Staff has participated as a voting member in the Interagency Council on Homelessness since September 2018. Since 2019, staff has also taken a leadership role in the Desert Regional Steering Committee, which is the ICH joint regional subcommittee that is intended to combine the efforts of the members of the Homeless Provider Network (HPN) with city regional representatives. Victorville serves as the city chair for the committee, and also serves as secretary for the committee. This committee meets monthly and reports its activities to the ICH.

In addition to this regional representation, Victorville began to formulate its own plan to address homelessness within its jurisdiction in 2018. On February 5, 2019, the Victorville City Council voted in favor of the formation of a Homelessness Solutions Task Force.

The first meeting of Victorville’s Task Force was held in May 2019. In July 2019, the City took another step to address homeless issues by creating a full-time position dedicated to coordinate the citywide homelessness solutions activity, a Homelessness Solutions Coordinator.

Following several public meetings and roundtable discussions of the Task Force, the Homelessness Solutions Strategic Action Plan was completed in October 2019. The plan was developed to provide the City with a framework that identifies and addresses local issues associated with homelessness and the most effective means to focus efforts and resources. The Homelessness Solutions Strategic Action Plan was approved by the Victorville City Council on November 5, 2019. The Plan contains ten measurable goals intended to address ongoing, systematic social issues related to homelessness and its impact on the community. The Task Force continues to meet regularly, networks have been developed, and resources are shared among the members. One of the most significant projects that is coming to fruition is the development of Enhanced Shelter Operations as defined in the Strategic Action Plan. The Wellness Center, as the project has been named, is well under construction and scheduled for completion in Summer of 2023. The primary source of funding for the Wellness Center project was the Homekey grant, for which Victorville applied directly to the state.

The City of Victorville has taken several actions to proactively address homelessness within its jurisdiction since 2018. An additional full-time staff member has been added to the Homelessness Solutions team, and staff from numerous City Departments work together on a daily basis to address Victorville’s homeless issues. Despite these efforts, 3 0
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there is still much to do to address homelessness within the City. Given its finite resources, in terms of people, time and finances, the city’s membership role in the ICH as well as the Desert Regional Steering Committee has become a strain. The staff focused on homelessness solutions must split time between these committees while remaining focused on the City’s individual efforts. In terms of results, the efforts spent on City-specific projects have proved more beneficial, and a better use of time as demonstrated by the grant funding sought directly from the state for the Wellness Center.

It has come to the point where staff must decide what is the most effective use of time, in order to yield the best results.

Given Victorville’s limited resources, staff recommends a resignation from the leadership roles in ICH and the Desert Regional Steering Committee will free up more staff time to continue to focus its efforts on Victorville’s Homelessness Solutions Strategic Action Plan and its Task Force. Despite the proposed resignation from these roles, Victorville remains in the geographical area covered by the San Bernardino County Continuum of Care (CoC), and Victorville staff will continue to regularly attend ICH meetings to remain informed of Countywide homeless activities.

For the reasons stated above, staff is recommending the Victorville City Council approve the City Manager’s preparation and submittal of a Letter of Resignation of Membership to the Interagency Council on Homelessness, and a Letter of Resignation from the Desert Regional Steering Committee as co-chair and secretary.

Staff remains available for any question the Council may have.

Attachments: None
Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: May 16, 2023
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Consideration of proposed City Council Resolution No. 23-030 adopting revisions to the City of Victorville City Council Policy and Procedures Manual Recommendation:

That the Honorable City Council:
(1) Review and Consider the Proposed Revised City Council Policy and Procedures Manual; and
(2) Adopt Resolution No. 23-030.

Fiscal Impact:

There is no fiscal impact associated with this action.

Background:

The City Council Policy and Procedures Manual (the “Manual”) was originally adopted on October 3rd, 2017, and revised by further resolutions on September 4th, 2018, October 1st, 2019, June 23rd, 2020, March 16th, 2021, May 17, 2022, October 4, 2022, March 7, 2023, March 21, 2023, and April 4, 2023.

Discussion:

At the March 28, 2023, City Council Governance Workshop, the Council agreed to revised norms and that the revised norms would be updated in the City Council Policy and Procedure Manual. Said norms are outlined in Chapter 2, Section V, C of said Manual.

The attached revision to Chapter 2, incorporate said revisions as agreed to by the City Council.

At the City Council meeting of May 2, 2023, it was moved by Council Member Harriman and approved by a majority vote to require Council Members to update their residency within 30 days instead of 60 days as outlined in Chapter 2, Section IV, A, 1. It was further 3 0
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moved by Mayor Pro Tem Becerra and approved by a majority vote to require Council Members to provide the house number in an unredacted state.

Furthermore at said meeting, it was moved by Mayor Jones and approved by a majority vote of Council to provide an auto allowance of $300 per month for the Mayor and $200 per month for Mayor Pro Tem with this being updated in the City Council Policy and Procedure Manual during the next global update. Chapter 8, Section V of the City Council Policy and Procedure Manual has been updated to include this provision. The attached revision incorporates said changes as outlined above.

Staff remains available for any questions or comments you may have.

Attachments: A. Resolution No. 23-030
B. City Council Policy Manual Redlined
C. City Council Policy Manual Clean

ATTACHMENT A

RESOLUTION NO. 23-030

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, ADOPTING REVISIONS TO THE

CITY OF VICTORVILLE CITY COUNCIL POLICY AND

PROCEDURES MANUAL
WHEREAS, on October 3, 2017, the City Council of the City of Victorville (the "City Council") passed Resolution No. 17-056 adopting the City of Victorville City Council Policy and Procedures Manual (the "Manual"); and
WHEREAS, the Manual created a centralized and comprehensive set of rules, policies and procedures governing the conduct of City Council meetings and the carrying out of the day-to-day business of the City of Victorville (the "City"); and
WHEREAS, Section II.B of Chapter 1 of the Manual provides that the Manual shall be reviewed at least biennially and may be revised by resolution of the City Council if and as needed; and

WHEREAS, by adopting Resolution Nos. 18 -074, 19-057, 20-055, 21-021, 22-015, 22- 111, 23 -015, 23 -018, and 23 -025 the City Council has , since the Manual was first adopted, approved certain revisions to the Manual in order to clarify certain provisions a nd incorporate additional procedures to help streamline the conduct of City Council meetings; and WHEREAS, certain additional issues which have arisen since the Manual's initial adoption and prior amendments have necessitated a number of further revisions; and WHEREAS, the proposed revisions concern the revision of Council norms ; and WHEREAS, the City Council finds that adopting the proposed revised Manual attached to this Resolution serves the interests of the City, the City Council, and the public as it streamlines and facilitates the orderly and efficient conduct of City Council meetings and related City business, and also help ensure that the Policy Manual is consistent with California Law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the revised City of Victorville "City Council Policy and Procedures Manual” ("Policy Manual") attached to this Resolution be approved and adopted. The City Council further authorizes the City Manager and City Attorney to make non-substantive changes as may be deemed necessary provided any such changes are shared with the City Council.

Section 2. That this Resolution shall supersede Resolution No. 23-025 and take effect immediately upon its adoption.

Section 3. That the City Clerk shall certify the passage and adoption of this Resolution.

ATTACHMENT B

City of Victorville
City Council Policy and Procedures Manual

Adopted by the Victorville City Council
by Resolution No. 17-056 on October 3, 2017
Revised by Resolution No. 18-074 on September 4, 2018
Revised by Resolution No. 19-057 on October 1, 2019
Revised by Resolution No. 20-055 on June 23, 2020
Revised by Resolution No. 21-021 on March 16, 2021
Revised by Resolution No. 22-015 on May 17, 2022
Revised by Resolution No. 22-111 on October 4, 2022
Revised by Resolution No. 23-015 on March 7, 2023
Revised by Resolution No. 23-018 on March 21, 2023
Revised by Resolution No. 23-025 on April 4, 2023

Revised by Resolution No. 23-030 on May 16, 2023

TABLE OF CONTENTS

TABLE OF CONTENTS i
CHAPTER 1 ‐ INTRODUCTION AND PURPOSE 1
CHAPTER 2 ‐ ROLE OF CITY COUNCIL 2
CHAPTER 3 ‐ COUNCIL MEETINGS 11
CHAPTER 4 ‐ AGENDA 19
CHAPTER 5 ‐ MEETING RULES OF CONDUCT AND DECORUM 22
CHAPTER 6 ‐ ADMINISTRATIVE MATTERS 32
CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT 35
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 40
CHAPTER 9 ‐ COMMISSIONS, COMMITTEES AND BOARDS 48
CHAPTER 10 - ENFORCEMENT 52

-i-

Chapter 1
1 CHAPTER 1 ‐ INTRODUCTION AND PURPOSE

I. PURPOSE OF MANUAL

A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy and Procedures Manual (“Manual”), the City Council of the City of Victorville (the “City Council” or “Council”) hereby establishes updated Rules of Procedure for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior Council Policies, Resolutions, rules, and related administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.

B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Victorville has a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Victorville. While attempting not to be overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Coun cilmembers in their day -to-day conduct and actions.

C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily -accessible document will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest.

II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL

A. Effective Date. The Rules contained in this Manual shall be in effect immediately upon their adoption by City Council resolution, and shall remain in effect until such time as this Manual is amended and new Rules are adopted and/or updated by City Council resolution.

B. Biennial Review. This Manual will be reviewed at least biennially (once every two years) and be revised by City Council Resolution if and as needed.

Chapter 2
2 CHAPTER 2 ‐ ROLE OF CITY COUNCIL

I. OVERVIEW

A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the City Council acts as a body. No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem”) have additional ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal.

B. Establishment of City Policy. City Policy is established and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy-making authority beyond that of the other Councilmembers.

C. Decisions of Majority of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majority does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.

II. COUNCIL ELECTION AND GOVERNANCE

The City of Victorville is governed by a five -member City Council elected to four -year terms on a staggered basis. Councilmembers are elected in the general election in November of even - numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. The newly -appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote.

The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.

1. The City Clerk opens nominations.

2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.

3. The City Clerk closes nominations.

Chapter 2
3 4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.

5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.

6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.

The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.

Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action pursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. If such consensus is not gained after the second consecutive Council meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting.

III. ROLE AND DUTIES OF MAYOR

A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be delegated to the Mayor by majority vote of the City Council.

B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion

1. to preserve order at all Council meetings by facilitating the effective conduct of business during meetings and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance;

2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;

3. to determine the order of business at meetings of the City Council; and

4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi -judicial proceedings. The Mayor or other Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council.

Chapter 2
4 C. External Communication of Policy. The Mayor is to faithfully communicate the position of the Council majority in matters of policy.

D. Seating Arrangement for City Council. The Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all meetings of the Council, in council chambers or elsewhere. The Mayor will, following each Council election of officers and at such other times as the Mayor deems it necessary, establish the seating arrangement of the Councilmembers. The Mayor Pro Tem will always be seated immediately next to the Mayor.

E. Signing Documents. The Mayor, whenever available, shall sign all ordinances, resolutions and other documents that have been adopted and authorized by the City Council and require an official signature. However, the City Manager or another City official may sign certain documents when so authorized by Council action and/or the provisions of the Victorv ille Municipal Code.

F. Absence of Mayor. In the absence of the Mayor, the Mayor Pro Tem performs the duties of the Mayor, including acting as the Presiding Officer at meetings. When both the Mayor and the Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.

G. New Councilmember Orientation. The Mayor will lead, with the assistance of the City Manager, new Councilmember orientations.

IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS

A. Annual Review of Residency

Government Code Section 3605236502(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Victorville and rules regarding residency are further discussed in Section 243 and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk annually, their residency or domicile within the City of Victorville. To be considered certified, each proof of residency as described below must contain the house number (and apartment number if applicable) and street name of the residency or domicile in an unredacted state.

Acceptable forms of proof of residency are as follows:

Councilmembers are required to live in the District they represent and are required to live in the City of Victorville during their entire term in office. To ensure that the Councilmembers Chapter 2
5 continue to live in the area they represent, each elected official must submit one of the following documents to the City Clerk during the first 31 calendar days of the year (January Chapter 2
6 1st to 31st):

1. Proof of home ownership as evidenced by:

1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or

2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is their primary residence.

If the elected official does not have a tax exemption on file they must submit an affidavit signed by the elected official verifying that the home is their primary residence; or

If the home ownership is in the name of a person other than the elected official, or in the name of a legal entity, such as a trust, partnership or corporation, the elected official must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying that the elected official is living in the home as their primary residence; or If the residence is rented or leased by the elected official, the elected official will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the elected official resides at the specified address; or

If an elected official is living at a residence without a lease/rental agreement the elected official must have the landlord or property owner sign an affidavit verifying, under penalty of perjury, the elected official's residency in landlord or owner's property

2. Proof of current motor vehicle registration, if any motor vehicles are registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the Disrtict they represent. If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of Motor Vehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a California driver's license, the elected official must submit any other State of California issued identification showing that their address on the identification document is consistent with the address shown on their current voter registration.

3. A current utility bill in the elected member's name showing that the service address is within the respective District for the Councilmember in the elected o fficial's name. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a land lord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's Chapter 2
7 authorized legal representative, verifying that the landlord or other legal entity is responsible for paying the utility bill.

4. Other documents showing current residence address in the respective District for Councilmembers:

A. School records or any official document issued by an accredited educational institution, sealed by the school.

B. Current paycheck stub or personnel record issued by the elected official's employer.

C. Current homeowner or renter insurance policy.

D. Current documents issued by any California court or a federal court that lists the name of the elected official and their residence address.

E. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card.

Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency.

In the event that a Councilmember moved to a new residence within the District, after the filing of the previous affidavit, the elected official must confirm the new address within 60 30 days of moving by providing one of the documents listed in items 1 through 4 and an affidavit to the City Clerk.

Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of Cali fornia issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate the residence address in the respective District that residence is claimed for serving in a City Council seat.

Failure to provide any of the above-required documents on or before January 31st of each year shall be referred to the City Council for further action and could result in his/her office becoming vacant in accordance with Government Code Section 36502, and the City Council could take an action to remove said Councilmember.

Chapter 2
8 Government Code Section 36502(a) provides:

“A person is not eligible to hold office as councilmember…unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate…If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant.”

Alternatively, for non-compliance with this Section, the Council could consider taking action to remove the Councilmember from committee assignments and access to public facilities outside of normal working hours.

B. Advance Preparation for Meetings.

1. Prior Review of Agenda Materials. Prior to attending Council and committee meetings, study sessions and/or workshops, Councilmembers shall read or otherwise familiarize themselves with each agenda and supporting documentation for the items thereon.

2. Seek Prior Clarification of Agenda Materials. In respect for everyone’s time and to help ensure that individual Councilmembers may be equipped to make informed decisions, do his/her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he/she may have about the posted agenda items and agenda -package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assis tance from the City Manager, City Attorney, City Clerk, or such Senior Management as the City Manager may designate (e.g., Assistant City Manager, Deputy City Manager, City Engineer, Public Information Officer, City Department Directors, or the Police Chief) as soon as possible after receipt of the agenda package and prior to the meeting to which the agenda package relates.

3. Avoid Unfair Surprise . Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.

4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be absent for two or more consecutive regular council meetings, that Councilmember should seek the consent of the City Council to excuse such absence either prior to the absence, or immediately upon return, which consent shall require majority vote of the quorum.

C. Councilmember Appointments and Assignments. Following nominations by individual Chapter 2
9 Councilmembers, the City Council confirms by a majority vote of the entire membership its appointments to City commissions, boards, and standing committees, as well as its appointments to the various boards, commissions, and committees of outside agencies on which Councilmembers serve as representatives of the City. The nomination process for such appointments shall follow the same nomination procedures as provided in Chapter 2, Section II of this Manual relating to the nomination of Mayor and Mayor Pro Tem . See Chapter 9 as to the roles and duties of such committee, commission, and board appointees, and additional rules relating to nominations and the filling of vacancies. Chapter 9 also provides rules relating to the creation and purposes of Ad Hoc subcommittees composed of less than a quorum of the City Council.

D. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of any ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position , the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. An ad hoc subcommi ttee of less than a quorum of the Council shall develop the process for appointment, which is subject to Council approval.

E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.

1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.

Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administr ative staff.

Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.

2. Ex-Officio Roles. The City Council also serves as the Boards for the Victorville Water District (“VWD”), the Southern California Logistics Airport Joint Powers Authority (“SCLAA”), the Southern California Logistics Rail Authority ("SCLRA”), the Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council when acting in it its roles as the boards of the aforementioned entities.

Chapter 2
10 F. Engaging in Legislative and Quasi -Judicial Decisions/Acts. Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial.

1. Legislative. These actions/decisions formulate rules to be applied to all future cases.

Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.

2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi -judicial proceedings affect individual properties or parties. Quasi -judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.

3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.

G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09- 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09-059 shall be superseded in its entirety by the provisions of Section V, below.

I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the story i s being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.

Chapter 2
11 Councilmembers shall use the following procedures when handling concerns or complaints:

1. Receive - Listen to what the person has to say without preparing a response.

2. Repeat - Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to whom s/he has spoken about the matter prior to contacting a Council member.

3. Request - Ask what the person would like the Council member to do with the information and/or what is seen as a solution to the problem.

4. Review - Indicate that the information will be shared with the City Manager in order that the City Manager or his or her designee may be able to provide a response or additional information as may be necessary.

V. CODE OF ETHICS FOR COUNCILMEMBERS

A. Intent and Purpose. To assure public confidence in the integrity of local government and its effective and fair operation, this Code of Ethics provides a framework for day-to-day actions and decision-making by Councilmembers and represents a commitment to uphold a standard of integrity beyond that required by law. The citizens and businesses of Victorville are entitled to a fair, ethical, and accountable local government that has earned the public’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following:

1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.

2. Public officials be independent, impartial, and fair in their judgment and actions.

3. Public office be used for the public good, not for personal gain.

4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

B. Principles and Standards. The principles and standards of ethical conduct for Victorville City Councilmembers are hereby established as set forth below.

1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Victorville and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Victorville City Council.

Chapter 2
12 2. Comply with the Law. Councilmembers shall comply with the laws of the nation, the State of California, and the City of Victorville in the performance of their public duties. These laws include, but are not limited to: the United States and California Constitutions, the Victorville City Charter, the Victorville Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open government, and City ordinances and policies.

3. Councilmember Conduct . The professional and personal conduct of Councilmembers must be above reproach and avoid the appearance of impropriety. While it is understood that Councilmembers enjoy First Amendment rights, they shall practice civility and decorum in discussions and debate, and refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, boards, commissions, staff, or the public that is intended to disrupt and not further the City's business.

4. Respect for Process. Councilmembers shall perform their duties in accordance with the processes and rules of order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff.

5. Decisions Based on Merit. Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

6. Conflict of Interest. In order to assure their independence and impartiality in the City’s best interest, Councilmembers shall not use their official positions to influence decisions in which they have a conflict of interest.

7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official.

8. Use of Title. Councilmembers may use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise.

Individual Councilmembers must be careful not to: 1) exceed or appear to exceed his/her authority, 2) use his/her position to influence others unduly or, 3) use his/her title to improperly gain leverage or preferential treatment.

9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. T hey shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.

10. Use of Public Resources . Councilmembers shall not use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.

Chapter 2
13 11. Advocacy. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Councilmembers shall explicitly state they do not represent the opinion of the entire Council.

12. Positive Workplace Environment . Councilmembers shall support the maintenance of a positive and constructive workplace environment for their employees, City employees, private citizens, and businesses dealing with the City. Councilmembers shall recognize their role in individual dealings with City employees. Councilmembers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.

13. Policy Role of Counc ilmembers. Councilmembers shall respect and adhere to the Council-Manager structure of Victorville City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, b oards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.

14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government.

Although this Code of Ethics and Conduct is intended to “be self-enforcing” and will be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal censure as set forth in Chapter 10 of this Manual.

C. Norms and Protocols. The following norms were agreed to by each individual Councilmember present during the Governance Workshops of February 2020 and February 2021. On March 28, 2023, during the Governance Workshop, Council revised said norms to the following:

Chapter 2
14 1) We conduct ourselves in a
professional manner during
meetings and beyond.

2) We respect open government in
word and deed.

3) We expectvalue civil, intelligent
public discourse.

4) We areseek to b e efficient in
our meetings.

5) We treat all members of the
public with respect.

6) We understand our role in
contributeing to a positive
workplace environment.

7) We yield ourselves to respect
the Council - Manager form of
government, and
Councilmembers do not
interfere with the role of the
City Manager or any
professional duties of City staff.

8) We keep confidential matters
confidential.
9) We We f o s t e r know that a
good working
relationship between Councilmembers
and with staff to fosters good goal
setting, policy making and service
delivery.

10) We understand that the Council acts as a
body, all members are equal, and policy
direction is only given by a majority vote
of the Council.

11) We supportunderstand that staff’s is
obligationed to implement decisions
made by the Council, even if one of us
doesn’t agree with the Council’s
decision.

12) We are prepared for Council meetings
and ask our questions of staff in advance
so we can avoid surprising staff at the
meetings. We know this is good
teamwork.

13) We act with high integrity in all matters
and follow our code of ethics.

Chapter 3
15 CHAPTER 3 ‐ COUNCIL MEETINGS
I. REGULAR MEETINGS

A. Time and Place . As set forth in Section 2.20.040 of the Victorville Municipal Code, regular meetings of the City Council are held the first and third Tuesdays of each month at 5:00 p.m. (Closed Session) and 6:00 p.m. (Regular Session) in the City Council Chambers located at 14343 Civic Drive, Victorville, California. City Hall will be open and accessible to Councilmembers during regular City business hours and at such times as regular and special meetings of the City Council are being held. Regular City business hours are: Monday through Thursday 7:30 a.m. to 5:30 p.m. and Friday 7:30 a.m. to 4:30 p.m.

B. Compliance with Ralph M. Brown Act . To ensure that the deliberations and actions of the City Council are conducted openly and to ensure meaningful public participation, all meetings of the of the City Council shall be held in compliance with the provisions of the Ralph M.

Brown Act, Government Code Section 54950 et seq. (the “Brown Act”).

II. SPECIAL MEETINGS AND EMERGENCY MEETINGS

A. How Called and Held. Special meetings and emergency meetings of the City Council may be called by the Mayor or majority of the City Council and held from time to time consistent with and pursuant to the procedures set forth in the Brown Act. Any special meeting called pursuant to this section shall not be scheduled unless a majority of the City Council has confirmed their availability.

B. Accommodate the Public. To be respectful of the public, unfinished business in any special meeting held immediately prior to a regularly-scheduled meeting should be suspended until the regular meeting is adjourned.

III. CONSIDERATION OF NEW BUSINESS/CANCELLATION OF MEETINGS

A. Consideration of New Business . No new item of Council business as posted in the Written Communications portion of the meeting agenda (Se e Sections V.B and VI.F of this Chapter) shall be considered after 10:00 p.m. unless approved by a majority vote by the Council. New business not taken up by the Council shall be carried over to the next regular City Council meeting, or the meeting may be adjourned to a date specific at Council’s direction.

B. Cancellation of Meetings. Any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have advised the City Clerk of their unavailability to attend a meeting. The City Manager may cancel a meeting when he/she determines there is no business to be conducted at the meeting.

Appropriate notices will be provided. Solely for the purpose of confirming unavailability of members prior to cancellin g a meeting, the City Clerk may poll the members of the City Council provided that the City Clerk does not communicate to any Councilmember the Chapter 3
16 responses of any other Councilmembers polled. Written notice of cancellation shall be given to each Councilmember and further shall be posted and distributed to the same parties and in the same manner as the agenda for regular meetings.

IV. MEETING MINUTES

A. Action Minutes. The City Council will use action minutes, which, at the discretion of the City Clerk, will contain either very little, if any, narrative content or a light summary to record their proceedings both during Open Session and Closed Session discussions. Action minutes will include final motion s and will note for the record how each Councilmember voted. The minutes will also reflect the names of public speakers, if stated, and may contain brief summaries of the nature of comments, and in public hearings whether they spoke in support or opposition of the agenda item at issue. The City Clerk will have exclusive responsibility for preparation of the minutes, and any corrections to the minutes will be made by majority vote of the City Council.

B. Reading Not Required. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without a reading if the City Clerk has previously furnished the draft minutes in the City Council agenda packet.

C. Draft Minutes. Draft minutes of meetings are generally submitted to the Council for approval with the agenda packet. Any Councilmember who was absent from the prior meeting may participate and vote on the approval of the minutes and need not abstain on the approval of the minutes for that meeting.

D. Recordings. Recordings of all regular and special meeting proceedings are maintained by the City Clerk for a period of 2 years or as provided for in the City’s currently -adopted records- retention schedule. Closed Session discussions shall n ot be recorded unless mandated by a court of competent jurisdiction. The City Clerk shall take action minutes of all Closed Session items.

V. CONDUCT OF BUSINESS

A. Generally. The order of business for a Council Meeting is generally shown on the agenda in the order set forth in Section B, below, but may be modified when necessary on a case -by- case basis by the Mayor on his/her own prerogative or by the City Manager, as the Mayo r may deem appropriate.

B. General Order of Agenda Items of Business for Council Meetings.

1. Closed Session
• Call to Order/Roll Call
• Public Comment on Closed Session Items
• Declaration of Closed Session Items by City Attorney
• Recess to Closed Session
Chapter 3
17 • Adjourn Closed Session
• Return to Open Session
• Closed Session Announcements by City Attorney

2. Regular Session
• Call to Order/Roll Call
• Closed Session Announcements by City Attorney (to the extent not made immediately following Closed Session as noted above)
• Invocation/Pledge of Allegiance
• Proclamations/Special Presentations
• City Clerk Presents Agenda/Revisions to Agenda to the City Council • Conflict of Interest Declaration(s)
• Public Comments on any agenda item, except for public hearing items, as well as on topics of interest to the public that are within the subject matter jurisdiction of the City Council

A. Appeal Hearings
B. Public Hearings
C. Consent Calendar
D. Written Communications
E. City Manager Reports/Possible Upcoming Agenda Items/Reports from Council Members

3. Adjourn

C. Public Interest . The public interest shall be taken into consideration when the order of business on the agenda is modified. When feasible, topics anticipated to be of greatest interest to the public will be placed at the beginning of the agenda.

VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS

A. Closed Session . The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hea r any matter that is authorized by State law. The City Council shall exclude from any such closed session any person or persons who it is authorized by State law to exclude from such closed sessions. The general subject matter for consideration shall be shown in the agenda posted for such session pursuant to the procedures set forth in the Brown Act. The City Attorney declares the items on the Closed Session Agenda and makes reports following Closed Sessions in accordance with the Brown Act.

B. Public Comment Periods. Depending on the meeting, these periods are provided at the start of the Closed and Regular Sessions and prior to Council’s consideration of agenda items to satisfy the requirements of the Brown Act. These periods provide the ability for members of the public to address the Council on items appearing on the agenda or on other matters of interest within the jurisdiction of the City Council that do not appear on the agenda.

Chapter 3
18 1. Restrictions. Public Comment Periods should not be utilized by Councilmembers to the extent said use impinges upon and/or diminishes the time allotted for other members of the public to speak, unless a Councilmember has recused himself/herself from participating in a decision of the Council on a particular agenda item for a financial or other conflict of interest and further is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in sections 18707(a)(3)(C) and 18704(d)(2) of the regulations of the Fair Political Practices Commission (“FPPC”).

2. Reasonable Time, Place, and Manner Limitations. Time and other reasonable limitations may be placed on these comment periods as more particularly described in Chapter 5, Section III of this Manual.

C. Appeal Hearings . Certain decisions made by the City’s Planning Commission, the City Manager, Senior Management, department heads, and/or hearing officers (as specified in the City’s Municipal Code or other applicable law) can be appealed to the City Council. Such decisions usually involve quasi-judicial matters, e.g., granting or denying of permits/licenses or other entitlements.

1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court-like.) Fair hearings and impartial decision -makers are required. Quasi-judicial hearings must be conducted in accordance with the principles of due process. When the City Council is acting as the decision -making body in quasi -judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due proces s and create conflicts of interest.

2. Other Public Hearings. Public hearings held prior to adoption of ordinances or other legislative/policy matters can follow less strict standards.

D. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invited to present protests or offer suppor t for the matter under consideration, subject to reasonable time and other limitations.

1. When Required. Public hearings may be required on certain items as prescribed by the Victorville Municipal Code and/or state and federal law. Some examples of when pub lic hearings are generally required include: zoning changes, some annexations, weed abatement items, introduction and first reading of ordinances, and increases of City fees and charges for utilities and other services.

Chapter 3
19 2. Cancellation and Continuances for Hearings Set by Council . Public hearings set by the City Council may be cancelled by a majority vote of the City Council or at the request of the City Manager or City Attorney for good cause. If needed, cancelled public he arings shall be re-noticed in accordance with applicable law. The City Council may also open a public hearing at a meeting, take testimony, leave such hearing open, and continue it to a date certain without re -noticing, upon a majority vote of the City Cou ncil, or by the Mayor at the request of the City Manager or City Attorney for good cause.

3. Continuances for Proponents of Projects and/or Appellants. Proponents of Projects for which a public hearing is required and Appellants who have an appeal hearing scheduled before the City Council shall be granted one continuance of that hearing under the following conditions:

(a) Requests for continuances of public hearings and appeal hearings shall be submitted by the proponent/appellant in writing to the Cit y Clerk by no later than the close of business on the date of the Council meeting at which the matter is scheduled to be heard.

(b) The written request shall specify: (1) the reason for the request for continuance, and (2) the Council meeting date on which the proponent/appellant desires the matter to be heard.

(c) The City Council reserves the right to continue the public hearing or appeal hearing to a date and time that is least likely to impact the conduct of regularly agendized City business.

(d) If the proponent/appellant is unable to attend the meeting at which the matter will be heard, the proponent/appellant should designate a representative to appear on his/her behalf.

(e) No further continuances shall be granted unless, in its discretion, the City Coun cil determines by majority vote that it is necessary to do so after considering the testimony and findings presented at the hearing.

4. General Public Hearing Procedure. Public hearings shall generally be conducted as follows:

(a) Staff presents its report, either by way of a written staff report or by in -person oral presentation.

(b) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.

(c) The Presiding Officer opens the public hearing.

Chapter 3
20 (d) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.

(e) The Presiding Officer closes the public hearing after everyone wishing to speak has had the opportunity to do so.

(f) Council deliberates and takes action.

5. General Quasi -Judicial Public Hearing Procedure (Land Use Matters and Appeal Hearings). If a public hearing involves a quasi-judicial matter, the provisions of Section VI.C.1 of this Chapter and other due process procedural safeguards will apply. Although the City Attorney shall advise the Council in this regard, such public hearings shall generally be conducted as follows:

(a) Councilmembers disclose any ex parte communications or i nformation obtained outside the Council Chamber, such as field trips, views of the premises, and discussions with individuals.

(b) Staff presents its report, either by way of a written staff report or by in -person oral presentation.

(c) Councilmembers may ask q uestions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.

(d) The Presiding Officer opens the hearing.

(e) The applicant and/or appellant have the opportunity to present his/her comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her case unless additional time is granted by a majority vote of the Council. In the case of an appeal when the appellant is di fferent from the applicant, the appellant should be called up first to provide comments or testimony. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.

(f) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.

(g) The applicant and/or appellant have the opportunity to present his/her rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her rebuttal case unless additional time is granted by a majority vote of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.

(h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so.

Chapter 3
21 (i) Council deliberates and takes action.

E. Consent Calendar. Items on this portion of the agenda include matters considered to be of a routine, administrative, or non‐controversial nature, such as approval of the minutes for a prior meeting(s), approval of the register of demands, and second readings of ordinances.

Any discussion shall be limited in n ature, and those items so listed shall be approved and adopted by one motion of the Council and a roll call vote.

1. Clarification or Comment. Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling t he item for separate consideration. To do so, Councilmembers must gain the Presiding Officer’s recognition immediately after the Consent Calendar is announced and before a vote is invited.

2. Pulling Consent Calendar Items . Only those items that require detailed deliberation should be pulled for separate consideration by Councilmembers. This must be done by making a request immediately after the Consent Calendar is announced by the Presiding Officer. If a request is made, it shall serve as a motio n to remove an item or items and must be seconded before a vote of the Council may be taken. If the motion to remove receives a majority vote, said item(s) shall be removed from the Consent Calendar and added as the final item(s) for Council’s consideratio n in the Written Communications portion of agenda. If a motion to remove an item or items is not seconded, the motion to remove shall fail and the Council may proceed with voting on the Consent Calendar in the manner set forth in Section VI.E, above.

3. “No” Vote without Pulling Item. It is acceptable to register a “no” vote on an item on the Consent Calendar without pulling the item for separate consideration. The Councilmember would state that he/she wishes to vote “no” on the item before the Presiding Officer or City Clerk calls for the vote. After the vote, the City Clerk will announce the outcome as: “Motion carries unanimously with the exception of Councilmember A voting ‘no’ on item x.”

F. Written Communications. Items on this portion of the agenda are each discussed/debated and voted on separately.

G. Reports from City Manager . The City Manager provides brief general announcements of current events and matters of interest to Council and the public. In accordance with the Brown Act, no substantive discussion of specific matters is permitted.

H. Discussion and Possible Action Regarding Items for the Upcoming Agenda . At this time, Councilmembers may make motions to place items on an upcoming agenda. The procedural requirements applicable to this item are in Chapter 4, Section III.

I. Reports from Councilmembers. This portion of the agenda provides Councilmembers the opportunity to briefly comment on City events or projects germane to the business of the Chapter 3
22 City. Councilmembers may also make oral reports on meetings and events attended at the City’s expense. In accordance with the Brown Act, no substantive discussion of specific matters is permitted. Reports from Councilmembers are limited to three (3) minutes per Councilmember, and that time cannot be used to reargue failed motions. The City Clerk has the responsibility to assist Councilmembers with time limits by signaling when the Councilmember is nearing his/her three-minute speaking limit.

Chapter 4
23 CHAPTER 4 ‐ AGENDA
I. GENERAL PURPOSE OF THE AGENDA RULES

A. General. The following rules relating to the agenda for City Council meetings are based on the premise that it is in the interest of good government that the City Council be fully informed on all matt ers upon which it is called to act. The City Council relies upon City staff to perform research, review potential courses of action, furnish technical information, and recommend solutions to various problems of City Government and recognizes that proper, thorough research and investigation requires time to ensure that the City Council has sound background information before it takes action.

B. Council Preparation. To foster the orderly, effective, and efficient conduct of meetings and ensure the nece ssary business of the City is transacted, each Councilmember has a duty to review and be familiar with the agenda materials in advance of each meeting. (See Chapter 2, Section IV.A of this Manual.)

II. AGENDA PREPARATION

A. In General. Agendas for regular and special meetings are prepared and posted by the City Clerk in accordance with provisions of the Brown Act, this Chapter, and all other applicable rules and laws. The content of each agenda is overseen by the City Manager in consultation with the City Clerk (and the City Attorney as necessary) concerning the sequence of agenda items and other procedural matters.

B. Agenda Item Submission Schedule. Pursuant to a schedule established from time to time by the City Clerk in consultation with the City Manager, draft agenda items are submitted to the City Clerk’s office prior to each meeting. A draft agenda document is prepared by the City Clerk and is provided to the City Manager and staff each Tuesday of the week prior to the regularly-scheduled City Council meeting. A copy of the draft agenda is then reviewed by the City Manager, City Attorney, City Clerk, and Senior Management the following Wednesday morning during its standing meeting.

C. City Manager Review. The City Manager reviews and approves all items for each Council agenda. The final agenda items, including staff reports and attachments, are then submitted to the City Clerk, compiled into the final Agenda packet, and distributed to the Council on the Thursday preceding each regularly-scheduled meeting. The agenda packet is simultaneously made available to the public and posted on the City’s website by the City Clerk in accordance with the Brown Act. Once the agenda packet has been delivered to the City Council, items may be added to that agenda by the City Manager or the City Attorney when necessary, provided a supplemental or revised agenda is prepared and posted by the City Clerk in compliance with the Brown Act. In addition, the City Council may take action on items not appearing on the agenda, which are commonly referred to as emergency or urgency items, provided doing so complies with the provisions of Government Code section 54954.2(b).

Chapter 4
24 D. Minimum Requirements. The agenda specifies the time and location of the meeting and a brief general description of each item of business to be transacted or discussed, including items to be discussed in Closed Session, if any. Each agenda item description includes a recommendation to the City Council of the action to be taken.

III. AGENDA ITEM SUBMISSION

A. Placing Items on the Agenda . As provided in sections B, C, and D, below, persons who may place matters on the agenda are City Councilmembers; the City Manager or his/her designated Senior Management staff; and the City Attorney. The City Council may also consider a request from a member of the public to place an item on a future agenda.

B. Councilmember Agenda Requests . To place an item on a future ag enda, any Councilmember, including the Mayor, may make a motion or a request to do so during the “Discussion and Possible Action Regarding Items for the Upcoming City Council Agenda” portion of the agenda. In addition, a Councilmember, including the Mayor, may at any time during a meeting make a request or motion to place an item on a future agenda, if the item proposed for future consideration arises in direct relation to an item being discussed. Any request(s) made by a Councilmember shall be done with a simple contextualization and shall not exceed three (3) minutes unless there is an agreement by a majority vote of the Council to extend the time. No substantive discussion on the subject of the motion or request may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. Limited questions may be asked for clarification or to help Councilmembers ascertain whether the motion or request is timely.

1. Second and Majority Vote Required . If the motion or request to place an item on a future agenda is seconded and approved by a majority vote of those Councilmembers present, the proposed item will be placed on a future agenda. If there is no second, the motion dies and may not be proposed again at future meetings without the requisite suspension of rules for reconsideration.

2. Timing Direction . If the motion provides specific direction regarding timing, the approved item together with a staff report will be placed on a future agenda consistent with that direction. If the motion is silent regarding timing, appropriate City staff will be directed to prepare a staff report, and the approved item will be placed on a future agenda at the earliest suitable time, as determined by the City Manager and the Mayor.

3. Alterations of General Order of Agenda Items of Business. Certain categories of items of business are required by statute to be on every agenda or are necessary to appropriately conduct the business of the City Council in accordance with its adopted Rules of Discussion and Debate and parliamentary procedure (See Chapter 5).

Therefore, recurring categories of items of business such as: Roll Call/Call to Order, Chapter 4
25 Public Comment Periods, Closed Session Declarations and Announcements, Consent Calendar, Public Hearings, Appeal Hearings, Written Communications, and Council Reports may not be altered without advance review or advice of the City Attorney.

4. Requests for Recurring Agenda Items. Requests by Councilmembers to add the same agenda item to every subsequent agenda are not permitted unless approved by a majority vote of the Council.

C. City Manager and City Attorney. When so directed by a majority vote of the City Council or upon his/her own initiative when circumstances warrant, the City Manager and the City Attorney may place items on the agenda.

D. Agenda Requests by Members of the Public . Upon agreement of a majority of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placement of an item on the agenda for Council consideration in the following ways:

1. A member of the public may write a letter to the City Council.

2. A member of the public may speak during the Public Comment period at a City Council meeting.

Chapter 5
26 CHAPTER 5 ‐ MEETING RULES OF CONDUCT AND DECORUM

I. PARLIAMENTARY RULES AND GENERAL AGENDA ITEM PROCESS

A. Rosenberg’s Rules . Except as otherwise provided in this Manual, the proceedings of the Council at meetings shall be generally guided by the latest revised edition of Rosenberg’s Rules of Order (“Rosenberg’s Rules”). However, no ordinance, resolution, proceeding, or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said rules. In the event of a conflict or ambiguity between Rosenberg’s Rules and the rules set forth in this Chapter, the rules in this Chapter shall prevail over Rosenberg’s Rules.

B. General Process for Handling Agenda Items. The following process is the normal order of business for agenda items, except for public hearings, which are discussed in more detail in Section VI of Chapter 3.

1. The Presiding Officer announces the current agenda item. Note: to the extent members of the public wish to provide comments on an agenda item, such comments should be offered during the general public comment period at the beginning of the meeting. Such comments may be taken into consideration by Councilmembers when discussing the particular agenda item.

2. The City Manager or Submitter of the agenda item briefly introduces the item.

3. Staff presents its report (as needed), either by way of a written staff report or by an in - person oral presentation.

4. Councilmembers may ask questions of the City Manager and/or such City staff as the City Manager may designate, although Councilmembers are encouraged to seek clarification by asking or providing such questions prior to the meeting. Councilmember questions on an item may not exceed two (2) minutes unless an extension of time is granted by the Presiding Officer. Extensions granted may be appealed or overruled by a majority vote of the Council.

5. The Presiding Officer invites a motion.

6. Following a valid motion and second, the Council discusses, deliberates, and takes action as described in this Chapter.

7. An affirmative vote of the Council carries the motion, as described herein.

Chapter 5
27 II. RULES OF DISCUSSION AND DEBATE

A. Discussion Procedure. While discussing any question under consideration by the Council, it shall be the duty of the members thereof to remain seated and address their remarks to the Presiding Officer and their fellow members. Any remarks or orders to the audience shall be addressed by the Presiding Officer, or with his/her permission, by members of the Council.

B. Presiding Officer. The Presiding Officer shall have the authority to prevent the misuse of the legitimate form of motions, the abuse of privilege of renewing certain motions, or the obstruction of the business of the City Council. The Presiding Officer may preserve orderly business by ruling such motions out of order. In so ruling, the Presiding Officer shall be courteous and fair and shall presume that the moving party is making the motion in good faith. The Presiding Officer may move, second, debate, and vote from the chair. The Presiding Officer may also adjourn a meeting by a simple declaration thereof in the absence of a protest by any Councilmember.

C. Councilmembers to Address Presiding Officer. Every Councilmember desiring to speak shall first address the chair, gain recognition by the Presiding Officer, and confine himself/herself to the subject matter, item, or motion being currently considered by the Council, avoiding personalities and crude language.

D. Questions to Staff . Every Councilmember desiring to ask questions of city staff shall, after recognition by the Presiding Officer, address his/her question to the City Attorney or the City Manager, who shall be entitled either to answer the inquiry himself/herself or designate a member of the staff for that purpose. On the assumption that Councilmembers have already sought clarification of agenda materials in advance of the meeting pursuant to Chapter 2, Section IV. A of this Manual, Councilmember questions to City staff shall be subject to a two- minute time limit per agenda item, not including the time taken for staff response(s).

Statements masquerading as questions may be ruled out of order by the Presiding Officer.

E. Germane Comments/Time Limit for Council . Councilmembers shall limit their comments to the subject matter, item, or motion being currently considered by the Council. A determination of relevance shall be made by the Presiding Officer but may be ap pealed to the full Council. Councilmembers shall govern themselves as to the length of their comments but generally shall not exceed a total of five (5) minutes per agenda item (not including the two-minute period for Questions to Staff referenced in Secti on D, above), unless additional time is approved by a majority vote of the Council. The Presiding Officer or the City Clerk, as may be designated by the Presiding Officer, has the responsibility to assist Councilmembers by signaling when the Councilmember has spoken for five (5) minutes. The five-minute time limit may be extended by a majority vote of City Council. No Councilmember shall be allowed to speak more than once on any particular item until every other Councilmember desiring to do so shall have spoken.

Chapter 5
28 F. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless: 1) called to order by the Presiding Officer, 2) a point of order or point of privilege is raised by another Councilmember, 3) the speaker chooses to yield to a question by another Councilmember, or (4) for such other reasons as set forth in Rosenberg’s Rules or this Manual, including, but not limited to, a Councilmember’s right to call the question in order to terminate debate. If a Councilmember while speaking is called to order, he/she shall cease speaking until the question of order is determined; and if interpreted to be in order, may proceed. Members of the City staff, after recognition by the Presiding Offi cer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

G. Point of Order . When a Councilmember believes a breach of the Council’s parliamentary procedural rules is occurring, he/she may raise a Point of Order to call upon the Presiding Officer to make a determination and enforce the rules of the Council. The Point of Order shall be ruled upon by the Presiding Officer, subject to the right of any Councilmember to appeal the ruling to the City Council through a valid motion. If a motion to appeal the ruling is seconded, the question shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate.

H. Point of Privilege. Any Councilmember can raise a Point of General or Personal Privilege.

1. Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.”

2. Point of Personal Privilege . The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the council is concerned. A Councilmember raising a point of persona l privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege.

I. Move or Call the Question . Any Councilmember may move to immediately bring the motion/question being debated to a vote, suspending any further debate. Such motion shall not be made in a manner that prevents a Councilmember from voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. To close off debate pursuant to a Motion to Move or Call the Question, said motion must be seconded and passed by a two -thirds (2/3) vote of those present and voting. The motion is not debatable. If the motion to Move or Call the Question passes, a vote on the motion/question on the floor is taken. If the motion to Move or Call the Question fails, discussion on the motion/question on the floor continues.

Chapter 5
29 J. Motion to Reconsider. A motion to reconsider may be made only by a member who voted in the majority on the original motion. Such a motion may only be made at the same meeting as the original item, and then only to correct inadvertent errors or to consider new information not available at the time of the vote. If the motion to reconsider pass es, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Councilmembers present. Matters that are quasi- judicial in nature or matters that require a noticed public hearing cannot be reconsidered.

K. Failed Motions. Failed motions shall not be brought up at a subsequent meeting unless the Council suspends the rules as provided for in Section II. M, below. However, the effect of such action will not operate to adversely affect individual rights that may have been vested in the interim without notice and an oppor tunity to be heard having been given to the affected party or parties.

L. Remarks of Councilmembers and Synopsis of Debate . A Councilmember may request through the Presiding Officer the privilege of having an abstract of his/her statements on any subject under consideration by the council entered into the minutes. If the council consents thereto, such statements shall be entered into the minutes.

M. Suspend the Rules. Any of the rules related to parliamentary procedures in this Manual (to the extent not governed by State law, such as Government Code section 36936, the provisions of the Political Reform Act, or the FPPC conflicts of interest regulations) may be suspended by a two-thirds (2/3) majority vote. Such suspension may be moved at any time by a Councilmember.

N. Protest Against Council Action. Any Councilmember dissenting from or stating his/her protest against any action of the council may request to have such dissent or protest entered into the minutes. Such dissent or protest to be entered into the minutes shall be in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons . . ."

O. Seconding of Motions Required . A motion by any Councilmember, including the Presiding Officer, may not be considered by the Council without receiving a second.

P. Other Time Limitations. A time limit of three (3) minutes shall be imposed on Councilmembers when speaking during the “Reports from Councilmembers” portion of the agenda.

Q. Reading of Ordinances. Except when the title of an ordinance has been read and further reading is waived by a regular motion adopted by a majority vote of the Council, all ordinances shall be read in full either at the time of introduction or passage.

Chapter 5
30 R. Voting Rules.

1. Vote Unless Disqualified . All Councilmembers present at a meeting when a question comes up for a vote should vote either for or against the question unless he/she is disqualified from voting by reason of a conflict of interest and abstains because of such disqualification.

(a) A Councilmember stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter. See Section S, below, for other rules relating to conflicts of interest.

(b) Any Coun cilmember who abstains for reasons other than disqualification, in effect consents that a majority of the quorum may decide the question being voted upon.

Any councilmember so abstaining will be counted as present for purposes of establishing a quorum. Such an abstention will be counted 1) as neither an affirmative vote nor a dissenting vote and 2) as if it did not exist. The “present and voting” rule as described in Rosenberg’s Rules applies.

2. Silence During the Vote. Unless a Councilmember states that he/she is abstaining, silence shall be recorded as an affirmative vote.

3. Call for the Vote. The Presiding Officer or the City Clerk shall call for the vote, which, at the Presiding Officer’s discretion, shall be taken by voice affirmation or roll call unless a recorded (roll call) vote is required by law. According to Government Code section 36936, a recorded majority vote of the total membership of the City Council is required for resolutions, orders for the payment of money, and all ordinances. In addition, some types of resolutions and ordinances may require a supermajority vote. Absent other specific State law requirements, a motion carries with a majority vote of a quorum of the City Council.

4. Tie Votes. Tie votes are failed motions but may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the item at a future meeting. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.

5. Changing a Vote . A Councilmember may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. Prior to the time that the next item in the order of business is taken up, a Councilmember who publicly announced that he/she will abstain from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention.

Chapter 5
31 S. Conflict of Interest. Any Councilmember who has a conflict of interest regarding any matter being considered by the Council shall, in compliance with the provisions of the Political Reform Act and other applicable laws, declare the conflict, state the reason for the conflict, and leave the room during the discussion of and vote upon that particular agenda item, unless it is a Consent Calendar item (or the Councilmember is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in Sections 18707(a)(3)(C) and 18704(d)(2) of the FPPC regulations). If the conflict involves a matter on the Consent Calendar, t he Councilmember must announce the nature of the conflict and refrain from participating in the item, but he/she may remain present at the dais.

T. Leaving the Dais. To the extent a Councilmember decides to speak on an item by leaving the dais and speaking from the public podium, such Councilmember will relinquish his/her ability to speak on the same item upon his/her return to the dais.

U. Rules Not Exclusive. The rules set forth in this Chapter are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its Presiding Officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.

III. PUBLIC PARTICIPATION AND RULES OF DECORUM FOR COUNCIL, PUBLIC, AND STAFF.

A. Public Participation.

1. Manner of Addressing the Council. To facilitate the orderly conduct of meetings, persons wishing to speak during the Public Comment period and at public hearings are requested, but not required, to fill out speaker cards and provide them to any Sheriff’s deputy attending the meeting, or in his/her absence, the City Clerk prior to the start of the meeting or before a public hearing item is announced.

(a) During Public Comment periods, each person desiring to address the Council shall step up to the microphone at the podium and state his/her name (and address if desired) for the record. The speaker shall then specify the a genda item(s) on which he/she wishes to comment; state whether his/her comments pertain to a non -agenda item within the City Council’s subject matter jurisdiction; state whom he/she is representing; and whether he/she is representing an organization or oth er persons.

Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of an agenda item or items, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.

Chapter 5
32 (b) During Public Hearing items, each person desiring to address the Council shall step up to the microphone at the podium, state his/her name (and address if desired) for the record, state whom he/she is representing, and whether he/she is representing an organization or o ther persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of a public hearing item, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.

(c) During both Public Comment periods and during Public Hearing items, speakers should not approach the dais unless authorized to do so by the Presiding Officer. All remarks shall be addressed to the Council as a whole and not to any member thereof.

No questions shall be asked of a Councilmember, a member of the City staff, or member of the audience without permission of the Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer.

(d) During Public Comment periods members of the public may ask questions related to agenda items. However, in order to ensure compliance with the Brown Act the City Council is not required to answer such questions since depending on the nature of the questions, the issues raised may be beyond the scope of the subject matter of the agenda items. Nevertheless, in accordance with Government Code Section 54954.2 (a)3, the Presiding Offi cer may briefly respond or have staff respond to statements made or questions asked or may request that staff report back to the Council at a subsequent meeting concerning any matter raised by the public.

(e) During public comment periods and irrespective of the subject or viewpoint to be expressed, no speaker shall be permitted to show a video, make a PowerPoint presentation, or otherwise utilize any other form of electronic visual display technology requiring advanced set up and/or the use of projectors or o ther specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Council, instead of dealing with potentially time - consuming setup or technical difficulties.

2. Spokesperson for Group of Persons . To expedite matters and avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter or item, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council; and in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. In situations where more than ten (10) people wish to speak on an item, the Presiding Off icer may place reasonable limits on the Public Comment period, including reducing the time allotted to each speaker to one (1) or two (2) minutes and/or a specific time limit for the total presentation (typically not to exceed Chapter 5
33 twenty (20) minutes). Such time limits shall allow for full discussion of the item by interested parties or their representative(s). The purpose for any limitation described in this section is to ensure the Council can address its agenda, avoid repetitive comment s and presentations, and conduct business in an orderly and efficient fashion.

3. After a Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first getting permission to do so by a majority vote of the City Council.

B. Rules of Decorum for Council, Public, and Staff. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunit y to be heard and that the deliberative process of the Council is preserved at all times. The Presiding Officer of the Council shall be responsible for maintaining the order and decorum of meetings. While any meeting of the City Council is in session, the following rules of order and decorum shall be observed:

1. Councilmembers. While the Council is in session, Councilmembers must lend themselves to order and decorum. They shall neither by conversation or otherwise 1) delay or interrupt the proce edings or the peace of the Council, 2) disturb any Councilmember while he/she is speaking or, 3) refuse to obey the orders of the Presiding Officer. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.

(a) English Language. The business of the City Council shall be conducted in English except to the extent such that a Councilmember wishes to speak as a member of the public, either in the Public Comment period or on an item listed in the Appeal and/or Public Hearings sections of the agenda.

(b) E-Communication Prohibited . Except as specified in subdivision ( d), below, Councilmembers shall not use E -Communication at any time during any meeting, including, but not limited to, Open and Closed Sessions of the City Council. The use of E-communication is prohibited during Council meetings so that Councilmembers may remain attentive to members of the public, staff, or others as they are speaking to the City Council. E-Communication, which includes blogging, is defined as “electronic text, audio or visual communication, and attachments distributed via e - mail, telephonic service, websites, instant messaging, text messaging, Twitter, Facebook, Snapchat, Instagram, or comparable services.” City Councilmembers will not utilize the internet during Council meetings. Outside of City Council meetings, Councilmembers should not communicate via E-Communications with more than one other member of the City Council on any issue regarding City business.

(c) Closed Session Attendance . As a condition of attendance in every Closed Session meeting, all Councilmembers must refrain from the use of any electronic devices, including but not limited to: cell phones, E -Tablets, laptops, cameras, sound/voice Chapter 5
34 amplifiers, and recording devices. To gain entry into any Closed Session meeting room, each Council Member shall place a ll such electronic devices into a container designated by the City Council for storage. The container shall be placed in the meeting room at the start of Closed Session , or as soon thereafter as possible, and may be retrieved at the conclusion of the Closed Session. In addition to the foregoing, Councilmembers are prohibited from taking any form of notes or similar writings while attending Closed Session, and to the extent any written materials are shared with Councilmembers during Closed Session, all such materials will be turned in to the City Clerk at the conclusion of the Closed Session.

(d) Exceptions for Emergencies . The limitation specified in subdivision ( b), above, shall not apply to the receipt of telephone calls or text messages from family members in the event of an urgent family matter. Councilmembers wishing to respond to such a message during the meeting shall do so in a manner that does not disrupt the meeting.

Responses to urgent matters may occur during a recess or after having been excused from the meeting by the Presiding Officer. If, during any Closed Session meeting, a Councilmember wishes to check one of his/her electronic devices, particularly when it has been activated, that Councilmem ber may, with permission of the Presiding Officer, retrieve the device(s) from the storage container referenced in Section (c) above, check it, and if necessary, leave the meeting room to respond to an urgent family matter. To gain re -entry into the Closed Session meeting room, all electronic devices must be placed once again into the designated storage container.

(e) Recording, Live Streaming, or Broadcasting . To preserve the orderly, effective, and efficient conduct of the meetings and the peace of the Council, Councilmembers shall not audio record, video record , live stream , or broadcast during any City Council meeting or position thereof, including recesses and adjournments, f rom a position located on or behind 1) the dais , or 2) any table serving as the dais. Should a Councilmember wish to record, live stream, or broadcast, that member may set up a tripod or similar portable apparatus in the area designated for such activity. Any apparatus that obstructs the view of a Councilmember, City Staff member, or member of the audience shall constitute a finding of persistent disruption of the proceedings pursuant to Sections 54953.5 and 54953. 6 of the Ralph M. Brown Act and is subject to repositioning or removal by the Presiding Officer.

For assemblies wher e official City business is presented, Councilmembers shall not audio record, video record, live stream, or broadcast from the podium, stage, platform, etc. without the advance knowledge of the City Manager and the advance written permission of the event host. If the City is the host, the City Manager may, at his/her discretion, grant permission.

(f) Microphones, Loudspeakers, Megaphones, Sound/Voice Amplifiers. Councilmembers and members of the public shall not use non -city-provided microphones or other amplifying instruments during meetings, recess, or adjournments. Moreover, absent permission from the Presiding Officer, no Councilmember shall use or attempt to use a City-provided microphone behind the dais other than the one specifically reserved for his/her assigned seat.

Chapter 5
35 (g) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer.

(h) Packing of Audience. It is inappropriate for a Councilmember to pack the audience for a specific agenda item.

2. City Staff Members. City staff members and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the exception that City staff members and employees may leave their seats during a meeting without first obtaining the permission of the Presiding Officer.

3. Persons Addressing the Council. The primary purpose of Public Comment periods at City Council meetings is to allow citizens the opportunity to formally communicate with the City Council as a whole, but these comment periods should not be utilized as a substitute for handling any matter during the normal working hours of the city government. Each person who addresses the Council shall do so in an orderly manner and shall not make personal, impertinent, slanderous, or profane remarks to any member of the Council, City staff, or the general public. Any person who makes such remarks or who utters loud, threatening, personal, or abusive language, or who engages in any other disorderly conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Pre siding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.

4. Members of the Audience. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language; whistling; stamping of feet; excessive clapping; or other acts that disturb, disrupt, or otherwise impede the orderly conduct of any Council meeting. An y person who conducts himself/herself in the aforementioned manner shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint -neutral manner.

C. Enforcement of Decorum. The rules of decorum set forth above shall be enforced in the following manner

1. Warning. The Presiding Officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the Presiding Officer, a person persists in disrupting the meeting, the Presiding Officer shall order such person to leave the Council meeting. If such p erson does not remove himself or herself, the Presiding Officer may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the Council to remove that person from the Council chambers.

2. Removal. Any law enforcement officer who is serving as sergeant-at-arms of the Council shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the Presiding Chapter 5
36 Officer, it shall be the duty of the sergeant -at-arms to remove from the Council meeting any person who is disrupting the proceedings of the Council.

3. Motion to Enforce . If the Presiding Officer of the Council fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so. If the Presiding Officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member of the Council to act as Presiding Officer for the limited purpose of enforcing any rule of this section it wishes to enforce.

4. Adjournment or Recess . If a meeting of the Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be temporarily recessed, adjourned, or continued by the Presiding Officer or a majority of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting.

Chapter 6
37 CHAPTER 6 ‐ ADMINISTRATIVE MATTERS
I. ADMINISTRATIVE SUPPORT

General staff and administrative support to members of the City Council is provided through the City Manager’s Office. Administrative services, including the scheduling of appointments, receipt of telephone messages, and word processing, are available as needed. Sensitivity to the workload of support staff members in the City Manager’s Office is appreciated. Please note that individuals may have other work assigned with high priority. Councilmembers shall not make demands of the City Manager, City Attorney, or City Employees that communicate a desire for or an expectation of special treatment. In no event shall Councilmembers request administrative support to further personal or campaign/political purposes

II. MAIL, DELIVERIES, AND E-MAIL

A. Correspondence from the Public. The City encourages the public to send correspondence to the entire City Council, either by traditional post or by e‐mail. Correspondence addressed to the City Council that is received by the City Clerk or by any other officer or employee of the City shall be deemed a public record upon receipt, except as set forth in the Public Records Act (California Government Code § 6250 et seq.) or other applicable law.

1. Authority of City Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and give it immediate attention to the end that all administrative business referred to in said communication not necessarily requiring Council action may be acted upon between Council meetings.

(a) Members of the City Council receive a large volume of mail and other materials from the public and staff. The City Clerk maintains an office mailbox for each member into which written correspondence shall be placed. Councilmembers must check their mailbox frequently.

(b) The City Clerk may provide for a city courier to deliver materials to the homes of Councilmembers when materials are time sensitive.

2. Councilmember Responsibilities . If correspondence is received directly by a Councilmember without the City Cl erk having opened and examined same, the Councilmember shall be responsible for providing to the City Clerk the correspondence that is required to be included with agenda materials, as set forth in the Brown Act. All such communications shall be deemed a p ublic record upon receipt, except as set forth in the Public Records Act or other applicable law.

B. City-Issued E-mail Address. Each Councilmember is provided with a City of Victorville domain e-mail address for City-related business purposes and to receive e-mail from constituents, Chapter 6
38 other members of the public, government agencies, etc.

1. Status as Public Record. Pursuant to the Public Records Act, any e‐mail sent or received by Councilmembers using the City-issued domain e-mail address may constitute a public record and be disclosable upon the City’s receipt of a Public Records Act request.

2. Privacy Limited. Councilmembers have no reasonable expectation of privacy in any e‐ mail correspondence received by them at their City of Victorville domain e‐mail address

C. Communications Using Non -City Accounts/Devices. Messages or communications received by Councilmembers on their personal electronic devices or personal e -mail accounts concerning City business may also be subject to disclosure under the Public Records Act.

Additional rules are set forth in Section IV, below

D. Other Rules Relating to Correspondence. Any written correspondence or other materials, when distributed to all, or a majority of all of the members of the City Council by any person in connection with a matter subject to discussion or consideration at a public meeting, are disclosable public records under the California Public Records Act and shall be made available upon request without delay. Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the time of the meeting if prepared by City staff or a member of the City Council, or after the meeting if prepared by some other person. All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk

III. CITY-ISSUED EQUIPMENT.

A. Equipment Provided. To enhance Councilmembers’ ability to communicate with staff and the public, city‐purchased equipment, such as computers and cell phones, can be provided upon request. Access to the City’s fax machines and e-mail system is also available

B. Limitations on Use.

1. Brown Act Considerations. The use of technological devices to communicate with a majority of other Councilmembers on any official action to be taken falls within the provisions of the Brown Act. Technological devices include, but are not limited to, phones, faxes, computer e‐mail, public access cable TV, and video. Use of such devices to pass information for the purpose of developing concurrence on action to be taken outside of a public meeting is prohibited

2. Other Prohibitions. Personal use of City -issued equipment is prohibited in accordance with Government Code section 8314, except for such minimal and incidental use as specified therein.

Chapter 6
39 IV. USE OF PERSONAL ACCOUNTS AND PERSONAL ELECTRONIC DEVICES FOR CITY BUSINESS

A. Status as Public Records. Text messages, emails, and other electronic communications that deal in some substantive manner with the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act

B. Limitations and Rules on Use. To the extent feasible, City -issued email accounts and electronic devices shall be used to conduct City business. Limited use of a private device or account for public business by Councilmembers is permissible but discouraged. The following rules must be observed

1. Urge Use of City Electronic Devices/Accounts. Councilmembers shall request persons sending electronic communications regarding City business to a personal account or device to instead utilize the City of Victorville domain e -mail address, City -issued cell phone number, or other official City electronic messaging account provided to the Councilmember

2. When Communications Received on Personal Accounts/Devices . If Councilmembe rs receive electronic messages regarding City business on their personal electronic messaging account or device, or circumstances require them to conduct City business on a personal account or device, Councilmembers should either

(a) copy (“cc") any communication on his/her personal electronic messaging account or device to his/her City electronic messaging account, or (b) forward the electronic communication to his/her City account as soon as feasible after the original creation or transmission of the el ectronic communication.

C. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City -wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made.

Chapter 7
40 CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT.

I. RELATIONSHIP AND CONDUCT WITH CITY MANAGER

A. Council-Manager Form of Government . The City has adopted a Council -manager form of government. This structure reflects the City Council’s role to establish City policy and priorities. The Council appoints a City Manager to implement this policy and undertake the administration of the organization. The City Council must work through the City Manager in dealing with City staff

B. The City Council and City Manager Work as a Team . The City Council establishes policies for the overall operation of the City. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council.

The City Manager is expected to adhere to the International C ity/County Management Association (ICMA) Code of Ethics, and the City Council must recognize said Code of Ethics when dealing with the City Manager. The City Manager is responsible to the City Council rather than to individual Councilmembers and directs an d coordinates the various departments

C. Productive Relationship Requirements . The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the chief executive officer of the City. To facilitate a productive work relationship with the City Manager, the City Council and/or individual members shall do each of the following:

1. Except for the purpose of requesting information or assistance, deal with the administrative service under the City Manager solely through the City Manager as indicated in Section 2.04.210 of the Victorville Municipal Code. Neither the City Council nor any member shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either public ly or privately. Alternately, contact may be made directly with Senior Management, as long as a copy of communication is forwarded to the City Manager. Senior Management shall inform the City Manager of all Councilmember contact.

2. Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City.

3. Treat City staff professionally, and refrain from publicly criticizing or belittling individual employees. Personnel issues are managed through established channels and procedures.

4. Avoid involvement in personnel issues related to City -Council‐appointed staff, i.e., the City Manager and City Attorney, except during City Council Closed Sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately.

Chapter 7
41 5. Discuss directly with the City Manager any displeasure with a department or staff member

6. Refer complaints to the City Manager for further processing. Staff shall be given adequate time to investigate and respond to such complaints

7. Receive from the City Manager timely information regarding unusual events that the public would be concerned about; e.g., anyone wounded by gunfire, an area cordoned off by police or fire, a significant event, etc

8. Avoid communicating with persons or parties in litigation with the City (or any of the entities for which the City Council sits ex -officio as the governing board as noted in Chapter 2, Section IV.D.2 of this Manual) in a manner that compromises the City’s or other entity’s position in such litigation.

9. Include the City Manager in follow -up meetings where a Councilmember has first met with an individual or company representative regarding official business of the City

II. RELATIONSHIP AND CONDUCT WITH CITY ATTORNEY

A. Legal Advisor to the City. In all matters, the City Attorney represents the City and is the legal advisor to the City Council, the City Manager, the City Clerk, Senior Management, and department heads. The general legal responsibilities of the City Attorney are to provide legal assistance necessary for formulation and implementation of legislative policies and projects; to represent the City’s interest, as determined by the City Council, in litigation, Administrative hearings, negotiations, and similar proceeding to prepare and/or review and approve ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes for which they are prepared; and to keep the City Council and staff apprised of court rulings and legislation affecting the legal interest of the City.

B. Does Not Represent Individual Councilmembers or Staff . It is of the utmost importance to understand that the City Attorney does not represent individual members of Council, but the City and the City Council as a whole.

III. RELATIONSHIP AND CONDUCT WITH CITY CLERK

A. The City Clerk performs statutorily mandated duties and such tasks as may be assigned by the City Council and/or the City Manager. The general responsibilities of the City Clerk are:

1. to serve as the Elections Official of the City;

2. to protect and preserve the legislative record of the City Council and other various records;

3. to facilitate delivery of records consistent with the provisions of the Public Records Act;

4. to receive filings on behalf of the City;
Chapter 7
42 5. to facilitate the preparation, duplication, preservation, and delivery of Council agenda materials; and

6. to advise City departments about best practices for records management.

IV. RELATIONSHIP AND CONDUCT WITH STAFF

A. General considerations . Governance of a city relies on the cooperative efforts of elected officials, who set policy and priorities, and City staff, who analyze problems and issues; make recommendations; and implement and administer the City Council’s policies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembers and to allow staff to execute priorities given by management and the Council as a whole

B. Cooperation. Individual Councilmembers, as well as the Counc il as whole, shall receive the full cooperation and candor of staff in being provided with any requested information.

Requests of the City Attorney‘s office are to be submitted directly to the City Attorney. All other requests of staff are to be submitted through the City Manager’s office

C. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole.

1. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon a majority of the Council at an open meeting to do so as a matter of Council policy.

2. The City Council recognizes the primary functions of staff are in executing Council policy and actions taken by the Council as a body and in keeping the Council informed.

3. Staff is directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or influencing recommendations or business decisions in any manner.

V. REQUESTS FOR RESEARCH OR INFORMATION

A. General Considerations. Councilmembers should generally inform the City Manager prior to communicating directly with any employee below the Senior Management level. A Councilmember may request directly from department heads answers to routine questions or information on a given topic when it will require little or no research and have little or no impact to City operations. The Councilmember should also advise the City Manager of this request. City staff shall inform the City Manager of all Council contact.

Chapter 7
43 B. Responses to Requests . Requests made by individual Councilmembers for information or assistance shall be for the sole purpose of fulfilling his/her responsibilities as delineated throughout this Manual and not for any privat e or personal interest. Requests will be addressed as quickly as possible under the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney depending on the nature of the request) the request is not of a magnitude, either in terms of workload or policy, that would require more than thirty (30) minutes of time in which to respond or is of such a nature that it would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice.

C. Policy-Related Requests. All Council requests dealing with policy and such other requests that may be construed as direction shall be direct ed to the City Manager, except for routine general inquiries or questions that will not disrupt city operations, in which case, Councilmembers may approach Senior Management with their requests. Councilmembers may also contact the City Attorney or City Clerk.

D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner.

E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through e‐mail. And to ensure proper responsiveness, Councilmembers are asked to copy both the department head and the City Manager on all correspondence with staff.

F. Access to Certain Info rmation Restricted. There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs, such as access to restricted or confidential information related to crimes, may not be available to members of the City Council.

G. Dissemination of Information. In cases when a staff response to an individual Councilmember request involves written materials that may be of interest to other Councilmembers, the City Manager will provide copies of the material to all other Councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.

H. Disclosure of Information. No Councilmember may, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property, or governmental affairs of the City. Whether or not Chapter 7
44 such information is allowed to be disclosed, no Councilmember may use or permit the use of any such confidential information to advance the financial or personal interest of himself/herself or any other person. For the purposes hereof, “confidential information” shall mean information that is not generally known in the public and/or is not subject to disclosure under the California Public Records Act or other applicable law. Some examples of confidential information incl ude attorney -client privileged communication, attorney -client work product, personnel, medical, or similar information —the disclosure of which would constitute an unwarranted invasion of privacy. (Govt. Code § 6250 et seq.) Chapter 8
45 CHAPTER 8 ‐ COMMUNICATION AND REPRESENTATION
I. REPRESENTING MAJORITY VS. INDIVIDUAL OPINION

A. Dual Roles of Councilmembers . A person elected to the City Council plays two roles: a member of a body elected to represent the City in its entirety and a private resident of th e City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other. The elected Councilmember retains the right to speak as an individual, not as a member of the City Council, but must make this distinction very clear when he/she does speak on his/her own behalf and not as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals.

B. General Policy Considerations . An important role of a Councilmember is communication — communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various policy alternatives. Because the City Council acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members express personal views and not those of the Council, the public must be so advised.

II. CORRESPONDENCE FROM COUNCILMEMBERS

A. Stationery Use and Related Guidelines.

1. Use of City Letterhead. City letterhead shall be used by the Mayor, Mayor Pro Tem, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or other Councilmember. Use of City letterhead and/or title on personal matters (those not related to official city business) is not permitted.

2. Personal Stationery . Personal station ery without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positions that may be in opposition to established City Council positions or decisions. Personal st ationery shall be printed at the expense of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.

3. Correspondence Public Record . All Councilmember correspondence created usin g City resources, including, but not limited to, City letterhead, postage, envelopes, or staff time, are public records and shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk.

Chapter 8
46 4. Permission Required. Whenever a Councilmember other than the Mayor wishes to write a letter on City letterhead, he/she should inform the Council (in writing or verbally at an open meeting) what the letter is about and seek Council approval that the letter may be written on City letterhead. Such letters shall only pertain to official City business.

B. Prohibitions on Use of Public Resources for Personal or /Campaign Purposes.

1. Letterhead and Staff. City letterhead and staff support cannot be utilized for personal or political purposes. Any use of the City’s logo, flag, seal, slogan, or name shall further be subject to the provisions of Chapter 1.06 of the Victorville Municipal Code and applicable State laws. The use of the City Seal, logo, or other insignia on personal matters and correspondence is not permitted.

2. Council Chambers and Staff Photos . The City Council Chamber cannot be used as a location for taking campaign photos or engaging in any form of campaign activity. Any violations of this prohibition may be reported to the Fair Political Practice Commission and any other enforcement agencies, and may further result in reprimand or censure, as provided in Chapter 10. The use of photos with current City staff and City Council candidates in election materials is prohibited.

III. SPEAKING FOR “THE CITY”

A. Issue Position Statements . When members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole taken in open session. It is permissible, however, for a Councilmember to clarify his/her vote on a matter by stating: “While I voted against ‘X,’ the City Council voted in support of it.” When representing the City at meetings or other venues, it is essential that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.

B. Communication of Council Policy . The Mayor and individual Councilmembers are not authorized to speak on behalf of the City or the City Council with regard to City or City Council policy or positions, except when such policy or position has been clearly established or when the Mayor or Councilmember has been designated by the City Council as a spokesperson on a given subject.

C. Supporting State or Federal Legislation . The City Council may be requested to formally support or oppose state or federal legislation. In considering whether or not to take such action, it is Council policy to determine first if the legislation involves matters pertaining directly to the City of Victorville or its residents as a whole. If the subje ct matter does not relate directly to City business or to local residents, then the City or City Council can decline to take a position. If the legislation could be expected to affect the City or its residents, then the City Council may elect to take a pos ition. All correspondence articulating the City’s position on state and federal legislation shall be handled in a manner consistent with the City Chapter 8
47 Council’s adopted goals and policies.

D. Press Releases . All press releases pertaining to the City Council shall be issued on City letterhead on behalf of the entire City Council. No press releases pertaining to the City Council or City shall be released by individual members of the City Council without prior authorization from the City Council acting at a Council meeting. The City Manager and his/her designated staff are authorized to issue press releases pertaining to City activities and events of public importance as he/she determines necessary and appropriate to keep the public informed. All final press releases shall immediately be distributed to the City Council.

E. Representation at Ceremonial Functions.

1. City Sponsored Events. The Mayor, or Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions organized by the City. The Mayor or Mayor Pro Tem may, at his/her own discretion, ask another Councilmember to represent the Council at that function when neither is available. Staff shall also include any Councilmember who has promoted a project or event in any program or agenda in such a function.

2. Non‐City Sponsored Events . As a general rule, the Mayor, or the Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions not organized by the City upon receipt of an invitation from the sponsor of such event. If neither the Mayor nor the Mayor Pro Tem is available to attend a non‐City sponsored event, he/she may designate a replacement. Nothing in this provision is meant to preclude a Councilmember from representing the Council at a ceremonial function where the event organizer has requested that a specific Councilmember attend the function.

F. Appearances before Agencies and Organizations . If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Coun cilmember clarifies that these statements do not represent the position of the City Council.

G. Participation in Community Activities . From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.

H. Name Badges. The City issues name badges to all City Councilmembers, the City Manager, the City Clerk, Senior Management, department heads, City Planning Com missioners, City advisory committee members, and other City staff as deemed appropriate by the City Council.

1. Official Use Only. It is not permissible for any City Councilmember or any of the personnel Chapter 8
48 listed in Section G, above, to use his/her badge for any purpose except as reasonably necessary for identification when acting in their official capacities.

3. Fraudulent Use Prohibited. It is not permissible for any person to wear, exhibit, or use a badge with the intent of fraudulently impersonating a City official or of fraudulently inducing the belief that the person is a City official at the time the badge is worn, displayed, or used.

I. Business Cards. City Councilmembers will be provided with City Manager approved business cards in increments of 500. No more than one order will be processed within a 12 -month period unless approved in advance by the City Manager. City business cards may not be used for personal or financial gain, for obtaining privileges not otherwise available to a Councilmember, or for soliciting political contributions. Councilmembers are prohibited from using any other form of non-approved business cards that contain the City logo, the City seal, the City flag, or the City slogan.

IV. CITY COUNCIL SPENDING AND REIMBURSEMENT POLICY

A. Effect of CP-12-01. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy No. CP -12-01, or any amendment(s) t o or successor Council Policy adopted in lieu thereof (“CP -12-01”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP -93-5 and CP -73-3, to the extent currently in effect, are completely superseded by this Section.