Agenda packet — Victorville City Council, November 19, 2024 (part 6 of 6)

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the Victorville, City of (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2024-25 Grantee Handbook.

Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5:

Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.

The TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2024), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.

COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements for line items in the approved Budget Detail will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.

In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ or offer an addendum to the Grantee to reflect the reduced amount.

Victorville, City of DOJ-PROP56-2024-25-1-073

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PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing and signed by the duly authorized representatives of the parties.

Assignment – This MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Certifications – Grantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose.

TERMS
Grant Duration: 11/1/2024 – 6/30/2028

Award Amount
Category of Expenditure Budget
FY 2024-2025
Budget
FY 2025-2026
Budget
FY 2026-2027
Budget
FY 2027-2028
Personal Services $47,905 $50,950 $ $
Operating Expenses and
Equipment $3,848 $3,212 $ $
Administrative Costs (Not to
Exceed 5%) $2,587 $2,708 $ $
TOTAL AWARD AMOUNT $111,210

The time limit for reimbursements against this award ends 6/30/2028. Requests for reimbursement received after 7/15/2028 cannot be considered by DOJ.

GRANTEE CONTACT INFORMATION
[NAME, TITLE]
Victorville, City of
[MAILING ADDRESS]
[PHONE NUMBER]
[EMAIL ADDRESS]

Victorville, City of DOJ-PROP56-2024-25-1-073

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AUTHORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.

___________________________________ ___________________ NAME: Date
Title:

Agency:

___________________________________ ___________________ NAME: Date
Title:

Agency:

___________________________________ ___________________ NAME: Date
Title:

Agency:

______________________________ ___________________
JENNIFER IVERY JOHNSON, Grant Manager Date
Division of Operations
California Department of Justice

___________________________________ ___________________ NICOLE LEARNED, Administrative Manager Date
Division of Operations
California Department of Justice

__________________________________ ___________________
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice

CITY COUNCIL

ATTACHMENT E
Ordinance No. 2450

CITY COUNCIL

ATTACHMENT F
Budget Detail

TOBACCO GRANT BUDGET DETAIL
Victorville, City of
24/25 PROPOSAL BUDGET
DOJ-PROP56-2024-25-1-073
A. Personal Services
Salaries
Classification/Positions Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTALS 16,080$ 18,000$ -$ -$ 34,080$ 8,040$ 8,000$ -$ -$ 16,040$ 6,160$ 6,500$ -$ -$ 12,660$ 2,760$ 3,000$ -$ -$ 5,760$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 33,040$ 35,500$ -$ -$ 68,540$ Overtime
Classification/Positions Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTALS 7,695$ 7,900$ -$ -$ 15,595$ 3,735$ 4,000$ -$ -$ 7,735$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 11,430$ 11,900$ -$ -$ 23,330$ Benefits
Classification/Positions Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTALS 3,435$ 3,550$ -$ -$ 6,985$ Benefits for all positions listed above Code Enforcement Officers
Code Enforcement Supervisor
Assistant Planner
Associate Planner
Costs Per Fiscal Year (July 1 - June 30)
Code Enforcement Officers
Code Enforcement Supervisor

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TOBACCO GRANT BUDGET DETAIL
Victorville, City of
24/25 PROPOSAL BUDGET
DOJ-PROP56-2024-25-1-073
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 3,435$ 3,550$ -$ -$ 6,985$ TOTAL PERSONAL SERVICES 47,905$ 50,950$ -$ -$ 98,855$

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TOBACCO GRANT BUDGET DETAIL
Victorville, City of
24/25 PROPOSAL BUDGET
DOJ-PROP56-2024-25-1-073
B. Operating Expenses and Equipment
Description Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTALS -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL -$ -$ -$ -$ -$ Other Expenses
Description Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTALS 3,000$ 3,000$ -$ -$ 6,000$ 636$ -$ -$ -$ 636$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 3,636$ 3,000$ -$ -$ 6,636$ Description and Destination Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTALS 212$ 212$ -$ -$ 424$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Travel Expenses/Registration Fees*
Mileage or Fuel (Local Travel) Cannot exceed state rates in effect at time of travel Retailer Educational Materials May require pre-approval Light Meters (2)
Must be purchased within first year of program
operations
Equipment (Tangible items with a PER-UNIT cost of $5,000 or more)

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TOBACCO GRANT BUDGET DETAIL
Victorville, City of
24/25 PROPOSAL BUDGET
DOJ-PROP56-2024-25-1-073
-$ -$ -$ -$ -$ SUBTOTAL 212$ 212$ -$ -$ 424$ TOTAL OPERATING EXPENSES AND EQUIPMENT 3,848$ 3,212$ -$ -$ 7,060$ C. Administrative Costs*
Description Computation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTAL 2,587$ 2,708$ -$ -$ 5,295$ *Administrative costs must not exceed 5% of the total budget. TOTAL 2,587$ 2,708$ -$ -$ 5,295$ *For approved tobacco related training and travel only. Travel cannot exceed current state rates.

Admin 5%

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TOBACCO GRANT BUDGET DETAIL
Victorville, City of
24/25 PROPOSAL BUDGET
DOJ-PROP56-2024-25-1-073

SUMMARY
Budget Category FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Request 47,905$ 50,950$ -$ -$ 98,855$ 3,848$ 3,212$ -$ -$ 7,060$ 2,587$ 2,708$ -$ -$ 5,295$ 54,340$ 56,870$ -$ -$ 111,210$ A. Personal Services
B. Operating Expenses and Equipment
C. Administrative Costs

TOTAL PROJECT COSTS

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CITY COUNCIL

ATTACHMENT G
California Department of Justice
Tobacco Program Grant Application

Tobacco Grant Program Application
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2024/25 Tobacco Grant Program - Application

2. Agency Profile
Agency Name
City of Victorville
Division/Section/Department
Planning Department & Code Compliance Division
County
San Bernardino County
Entity Type
Public Agency
Agency Type
Code Enforcement
Does agency have authority to enforce state tobacco laws or local tobacco ordinances covering retail establishments?
Yes

3. Submitter Information
First Name
Scott
Last Name
Webb
Job Title
Deputy City Manager
Classification/Contact Role
Agency Staff Member
Street Address 1
14343 Civic Drive
City
Victorville
Zipcode (5 or 9 digits w/dash)
92392
Phone Number
(760) 243-6364
Email Address
[email protected]
Confirm Email Address
[email protected]

4. Alternate Agency Contact
First Name
Daisy
Last Name
Kawasaki
Classification/Contact Role
Agency Staff Member
Street Address 1
14343 Civic Drive
City
Victorville
Zipcode (5 or 9 digits w/dash)
92392
Phone Number
(760) 955-5143
Email Address
[email protected]
Confirm Email Address
[email protected]
Do you have additional alternative contact for your agency? Yes

5. Alternate Agency Contacts 2
First Name
Elyse
Last Name
Jansson
Classification/Contact Role
Agency Staff Member
Street Address 1
14343 Civic Drive
City
Victorville
Zipcode (5 or 9 digits w/dash)
92392
Phone Number
(760) 243-6302
Email Address
[email protected]
Confirm Email Address
[email protected]

6. Project Summary
Funding Requested
126,745
Funding Duration
24 months
Planned Start Date (MM/DD/YYYY)
11/01/2024
Summary of Proposed Project.

Victorville addressed tobacco sales enforcement with Ordinance No. 2450 on June 18, 2024, requiring annual inspections and banning flavored tobacco. Supported by a 4-0 City Council vote, it mandates compliance with standards for lighting, signage, and health measures. All retailers, including pre-2015 ones, need on-site inspections to obtain a Tobacco Retailer License.

The ordinance enhances safety and reduces nuisances, supplementing existing laws that limit tobacco displays, prohibit self-service, and on-premise smoking. Compliance monitoring will start with educational inspections, followed by formal assessments before license renewals, with penalties for non-compliance.

Building on Ordinance No. 2339, the new ordinance addresses public health and aesthetics. Recent assessments revealed violations in signage and maintenance, highlighting the need for enforcement. Supported by this grant, the city will target 82 businesses for compliance checks, promoting community well-being and reducing access to harmful substances.

7. Partnering Agencies
Will your agency have other local agencies, departments, or contractors involved to complete any of the proposed activities?
No

14. Problem Statement
Geographic Areas Covered by Project
City of Victorville
Total Population within Project Area (Resource for data:
https://cthat.org/
)
134417
Population % Under Age 21 within Project Area (Resource for data:
https://cthat.org/
)

34.6 Retailers within Project Area (Resource for data:
https://cthat.org/
)
97 Retailers within 1,000 Feet of Schools (within Project Area) - Resource for data:
https://cthat.org
/
9 Local Ordinance for Flavored Tobacco?
Yes
Problem Statement Narrative
Victorville, with 134,417 residents (35% under 21), faces high social vulnerability. Growth, driven by affordable housing, has influenced demographics. Ordinance No. 2339 (2015) restricted tobacco sales to certain locations, limiting displays and banning on-premise smoking, but non-compliant businesses remain and regular inspections are lacking. State laws SB 793 and AB 935 banned flavored tobacco.

In response, Ordinance No. 2450, effective July 16, 2024, mandates inspections for 97 tobacco retailers, aligning with state regulations. It addresses past gaps, aiming to enhance safety and aesthetics. 2024 assessments found 55% of businesses had signage violations, 34 sites had maintenance neglect, and 20 faced loitering issues. Previous reviews noted drug paraphernalia in smoke shops and higher loitering at convenience stores.

Data from the City's Homeless Engagement Team suggest potential in reducing substance abuse-related homelessness near retailers. Police data from 2023 showed higher service calls at tobacco retailers than supermarkets.

Ordinance No. 2450 aims to reduce access to illegal substances and flavored tobacco, with grant funding supporting enforcement, promoting public health and safety.

15. Goals and Objectives
Activity Area
Retailer Inspections
Retailer Education
Enforcement Officer Education

16. Retailer Inspections
Number of tobacco retailers that will be inspected per year 97 Will inspections address flavor ban (state law or local ordinance)? Yes
Additional details regarding retail inspections planned Initial and annual compliance inspections will include an on-site inspection by City Code Enforcement staff for all existing business that will start with an educational/complimentary inspection detailing compliance issues as well as formal compliance inspections that will be conducted upon the effective date of the Ordinance and a minimum of 30- days prior to annual business license expiration dates for each applicable business.

These inspections are to be
conducted within the public areas of the interior and exterior of each applicable business to confirm compliance with Federal, State, and local standards.

20. Retailer Education
Type of Educational Activity
Mailers
On-site Education
Number of retailers to receive educational materials per year 82 Will mailers address retail flavor ban (state law or local ordinance)? Yes
Number of retailers to receive education on-site per year 82 Will on-site retailer education address retail flavor ban (state law or local ordinance)? Yes
Additional details regarding educational activities
Educational outreach will take place through mailed correspondence to each applicable retailer, including TRL application guides, specific site and operating standards that they must follow, and other information that will assist them in achieving and mainlining compliance with Ordinance No. 2339.

Additionally, initial compliance inspections will take an educational approach, where City Code Enforcement staff will visit each applicable business and provide additional handouts and point out items that will be noted as future violations if not corrected within the timeframe allowed by Ordinance No. 2339.

21. Enforcement Officer Education
Number of officers to receive tobacco education per year 5 Will officer education address retail flavor ban (state law or local ordinance)? Yes
Additional details regarding enforcement officer education planned Code Enforcement Officers responsible for conducting site inspections and a Planning Department staff member will attend training opportunities to gain a better understanding of the distinction between legal and illegal tobacco products.

This training will allow compliance inspections to take place without ambiguity, thereby expediting inspections. Planners who attend the training can assist Officers with applicability to the Ordinance and interpretations as needed.

25. Project Personnel
Does the applicant agency have personnel that will perform grant activities? Yes

26. Project Personnel 1
Personnel Classification/Rank
Code Enforcement Officer
Will operations by this personnel be done on overtime, straight time, or both?" Both
Percentage of Straight Time Planned (%)
75%
Personnel Duties
Retailer Inspections
Retailer Education
Enforcement Officer Education
Signage
Additional details regarding personnel duties planned
Four enforcement officers: Elyse Jansson (Supervisor), Brayan Torres, Louis Lujan & Jay Abreo, who will conduct regulatory inspections and provide education in the field to the establishments who sell tobacco merchandise.

Officer
Supervisor will assist with the reporting on the grant activities and will be reflective of field activities.

Admin staff and enforcement officers will work in conjunction to measure if funding is adequate for level of activities taking place and will monitor the tools and educational items being used and will assess if additional funding is necessary for tools and educational materials in future grant budget requests.

Are there additional personnel that will perform project activities? Yes

27. Project Personnel 2
Personnel Classification/Rank
Code Enforcement Supervisor
Will operations by this personnel be done on overtime, straight time, or both? Both
Percentage of Straight Time (%)
75%
Personnel Duties
Retailer Inspections
Retailer Education
Enforcement Officer Education
Signage
Additional details regarding personnel duties planned
Four enforcement officers: Elyse Jansson (Supervisor), Brayan Torres, Louis Lujan & Jay Abreo, who will conduct regulatory inspections and provide education in the field to the establishments who sell tobacco merchandise.

Officer
Supervisor will assist with the reporting on the grant activities and will be reflective of field activities.

Are there additional personnel that will perform project activities? Yes

28. Project Personnel 3
Personnel Classification/Rank
Code Enforcement Officer I
Will operations by this personnel be done on overtime, straight time, or both? Both
Percentage of Straight Time (%)
75%
Personnel Duties
Retailer Inspections
Retailer Education
Enforcement Officer Education
Signage
Additional details regarding personnel duties planned
Four enforcement officers: Elyse Jansson (Supervisor), Brayan Torres, Louis Lujan & Jay Abreo, who will conduct regulatory inspections and provide education in the field to the establishments who sell tobacco merchandise.

Officer
Supervisor will assist with the reporting on the grant activities and will be reflective of field activities.

Are there additional personnel that will perform project activities? Yes

29. Project Personnel 4
Personnel Classification/Rank
Code Enforcement Officer
Will operations by this personnel be done on overtime, straight time, or both? Both
Percentage of Straight Time (%)
75%
Personnel Duties
Retailer Inspections
Retailer Education
Enforcement Officer Education
Signage
Additional details regarding personnel duties planned
Four enforcement officers: Elyse Jansson (Supervisor), Brayan Torres, Louis Lujan & Jay Abreo, who will conduct regulatory inspections and provide education in the field to the establishments who sell tobacco merchandise.

Officer
Supervisor will assist with the reporting on the grant activities and will be reflective of field activities.

Are there additional personnel that will perform project activities? Yes

30. Project Personnel 5
Personnel Classification/Rank
Associate Planner
Will operations by this personnel be done on overtime, straight time, or both? Straight Time
Percentage of Straight Time (%)
100%
Personnel Duties
Retailer Inspections
Retailer Education
Enforcement Officer Education
Signage
Additional details regarding personnel duties planned
Two admin staff: Daisy Kawasaki & Alex Jauregui, who will oversee the completion of the grant application, reporting on the grant, monitor inspection completion, advise on the use of the grant, and advise on the implementation of the new code ordinance for tobacco related enforcement.

Are there additional personnel that will perform project activities? Yes

31. Project Personnel 6
Personnel Classification/Rank
City Planner
Will operations by this personnel be done on overtime, straight time, or both? Straight Time
Percentage of Straight Time (%)
100%
Personnel Duties
Retailer Inspections
Retailer Education
Enforcement Officer Education
Signage
Additional details regarding personnel duties planned
Two admin staff: Daisy Kawasaki & Alex Jauregui, who will oversee the completion of the grant application, reporting on the grant, monitor inspection completion, advise on the use of the grant, and advise on the implementation of the new code ordinance for tobacco related enforcement.

32. Project Budget
Please submit the Budget Detail document (Excel file).

City_of_Victorville_-_Tobacco_Grant_Budget.xlsx
Does your Budget Detail include expenses listed in Section B (Other Operating Expenses and Equipment)?
Yes
Budget Narrative: Please provide justification for each expense listed within Section B of the Budget Detail Sheet (Operating Expenses and Equipment)".

Other Expenses in Section B include 3 iPads and cases annually to be used by Code Enforcement Officers conducting inspections. All inspections are logged electronically, and the iPads will assist in expedited data entry. 2 Light meters annually would be utilized to measure lighting outside applicable retailers in footcandle units to verify compliance with the standards of the Ordinance.

Educational materials to provide to applicable retailers will include flyers, brochures, and pamphlets, which will contain information and resources to help them achieve compliance with the Ordinance.

Though the Ordinance implements initial and annual compliance inspections, complaint based inspections on tobacco retailers will continue to take place. Additional officer time has been included in this section to respond specifically to complaints received outside of the initial and annual inspection timeframes.

Line item(s) on Budget Detail that correspond with this activity - Retail Inspections
Personnel salaries, overtime, and benefits computations will account for the conduction of retail inspections. The iPads and light meters referenced in Section B for Other Expenses will be utilized during retail inspections. Marketing materials may also be distributed during inspections.

Line item(s) on Budget Detail that correspond with this activity - Retailer Education
Educational materials including pamphlets, brochures, and flyers will be provided on-site and mailed to applicable business owners to educate them on the ordinance and the regulations applicable to their business.

Line item(s) on Budget Detail that correspond with this activity - Enforcement Officer Education
Travel expenses related to Tobacco Workshops including hotel stays and gas mileage have been included to allow up to 6 staff members to obtain training and education needed to properly conduct inspections.

33. Grant History And Community Support
Has your agency had a prior grant or does it have a current grant through the Tobacco Grant Program? No
Please upload one PDF file with all signed Letters of Support from stakeholders.

Letter_of_Support_-_Combined.pdf

34. Certifications And Signature
Authorized signature
Scott D Webb

Lions Club of Victorville
8144 SVL Box -Victorville, California 92395
June 27, 2024
Dear Office of the Attorney General, State of California The Lions Club of Victorville is expressing their support for the City of Victorville's application for a grant from the State of California and the Department of Justice to help fund the city's effort to conduct inspections at local alcohol retailers and smoke shops.

Over the past two years, the Lions Club of Victorville has been focused on implementing a Tobacco Retail License, Deemed Approved Ordinance (TRL-DAO) in Victorville.

The Lions Club has been supporting two community coalitions that have conducted nearly four dozen assessments at alcohol retail outlets and observed loitering at 53% of the alcohol retailers; 40% of the stores had excessive signage, making it difficult for law, code enforcement and customers to see into the establishments; aggressive panhandling was observed at 32% of the retailers; public drinking and drug use was observed at 21% of the retailers; and assessors found that 13% of the stores did not ask younger patrons for their identification.

Our local coalitions conducted more than a dozen assessments at smoke shops, finding them selling illegal drug paraphernalia and not posting required signage, excluding entry for anyone under 21. Their assessments also revealed that most smoke shops have too much advertising, which prevents customers and law enforcement from seeing inside the establishments.

We are confident these assessments were essential in getting the citys Planning and Code Enforcement Department to advance the TRL-DAO before the city council passed the ordinance last week.

The city now needs the tools to enforce the ordinance. This grant ensures the ordinance has teeth by allowing the city to conduct annual retailer inspections and follow-up inspections for businesses that fail to comply with local and state operating standards.

The grant will also help the city implement a sustainable, comprehensive education program to inform retailers, city employees, and the public about the ordinance's legal requirements and provide valuable information regarding the health risks associated with alcohol and tobacco use.

We support the city's grant application. This ordinance is critical for protecting public health and safety while promoting a responsible business environment that will have long-lasting effects on our community.

Sincerely,
Linda J. Titus, PA, RN
Linda J. Titus, PA, RN
President
Lions Club of Victorville
This Photo
June 24, 2024
California Department of Justice
Office of the Attorney General
1300 I Street
Sacramento, CA 95814
Re: DOJ Tobacco Grant Program - City of Victorville
To Whom It May Concern,
I am writing on behalf of the California Health Collaborative – San Bernardino County Tobacco Control Program in support of the City of Victorville's grant application to help curb youth tobacco and vaping in the City of Victorville.

According to the "Annual State of Tobacco" Report by the American Lung Association, San Bernardino County and the City of Victorville score among the lowest in California when it comes to combating youth tobacco usage. The City of Victorville's proposal to increase education, implement regulatory inspections, and conduct enforcement at establishments that sell tobacco products can help address this issue. We are proud to partner with the City of Victorville to help stop youth tobacco usage in our community. For additional information or any questions, I can be reached via email at [email protected]. Thank you for your time and consideration.

Sincerely,
Mon
ika Gracian, MPH
Director of Program Services
California Health Collaborative

June 26, 2024

California Department of Justice
Office of the Attorney General
1300 I Street
Sacramento, CA 95814

Re: DOJ Tobacco Grant Program - City of Victorville

To Whom It May Concern,

I am writing on behalf of the Funded w/Lady K, a trusted messenger in Victorville, in support of the City of Victorville's grant application to help curb youth tobacco and vaping in the City of Victorville.

According to the data we received from the Victor Valley Unified School District, youth in our area are being negatively impacted by tobacco and drug paraphernalia in the area. There were 149 Tobacco/Nicotine violations, 122 Drug Paraphernalia Violations, and 296 Control Substance Violations that the school district has formally address during the 2023/2024 school year. The City of Victorville's proposal to increase education, implement regulatory inspections, and conduct enforcement at establishments that sell tobacco products can help address this issue. We are proud to partner with the City of Victorville to help stop youth tobacco usage in our community. For additional information or any questions, I can be reached via email at [email protected] Thank you for your time and consideration.

Sincerely,

Kisha Collier
CEO/Founder
Funded w/Lady K

CITY COUNCIL

ATTACHMENT H
Letter of Intent

Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: November 19, 2024
Submitted By:

Sophie Smith, Deputy City Manager
Jennifer Thompson, City Clerk

Subject:

Resolution No. 24-087 Rescinding Certain Previously Adopted City Council Policies which have become Outdated, Superseded, and/or Inconsistent with Current Law and consideration of proposed Council Policy CP-24-04
Recommendation:

That Your Honorable City Council:
(1) Adopt Resolution No. 24-087 Rescinding Certain Previously Adopted City Council Policies which have become Outdated, Superseded, and/or Inconsistent with Current Law, and
(2) Approve Council Policy CP-24-04 regarding City Council Policies Fiscal Impact:

There is no fiscal impact associated with this item.

Strategic Plan Goal:

This item aligns with Strategic Goal “G” – Organizational Effectiveness and Sustainability in that it demonstrates a commitment to local government best practices.

Background:

The City Manager and staff rely on an extensive body of laws, regulations, ordinances, codes and policies in order to effectively carry out the daily operations of the City. Many of the policies adopted by the City Council, such as those that deal with land use or zoning, are adopted by a resolution or by the adoption of an ordinance for inclusion in the Victorville Municipal Code. Other policies have taken the form of a numbered, stand- alone Council Policy, and deal with a specific topic.

A common use for a Council Policy is to express the Council’s desire to see certain outcomes achieved relative to particular situations or circumstances. These are intended 3 8
7 2
to serve as broad policies, so that the City Manager and staff may develop administrative procedures designed to achieve the Council goals and objectives. These policies provide staff with high level, general direction. A recent example is CP-24-02, the Pension Liability Management Policy, adopted by Council on July 16, 2024.

Discussion:

As previously mentioned in recent staff reports, staff working on a few housekeeping projects to better organize, bring efficiency and assist city management in the future. One such project has been a comprehensive review of the existing Council Policies, with the goal of determining which policies are still in effect, and which are no longer necessary or conflict with subsequent Council actions.

Our review revealed that since 1964, the City Council has adopted 148 Council Policies dealing with a vast range of topics and issues. Many of the early Council policies dealt with employee issues, such as uniforms, use of city vehicles, sick leave payouts, etc. or outline specific administrative procedures such as the issuance of Certificate of Occupancies by the Building Department. Others dealt with issues that have subsequently been codified in the Victorville Municipal Code, such as private development bonding, zoning, etc. Other Council Policies have dealt with issues now covered in guiding documents adopted by the Council over the last 60 plus years, such as the General Plan or the Council Policy and Procedures Manual. Staff found that 58 of the Council Policies reviewed have been formally superseded by subsequent Council actions.

Distinction between City Council Policy and Procedures Manual and stand-alone Council Policies
The City Council adopted its first City Council Policy and Procedures Manual on October 3, 2017. This is often referred to as the “Council Policy Manual”. However, it should be noted there is a specific purpose for the Council Policy Manual that differs from the general policy direction provided through a stand-alone Council Policy (as proposed to be more clearly defined in CP-24-04). The Council Policy and Procedures Manual is intended to establish the rules and procedures for how the City Council conducts its business. The manual was also created to consolidate administrative procedures of the Council. The types of topics covered are the role of the Council, the council meeting agenda, rules of conduct and decorum, Council communication, and committees and boards. It essentially serves as a Councilmember handbook or guide.

This clarification has been added to address some of the questions that have been raised in the past regarding stand-alone Council Policies versus the Council Policy and Procedures Manual.

Council Policies recommended for Rescission
Based on staff’s review, the following 57 Council Policies are recommended to be rescinded by the City Council. The following table summarizes the subject of Council Policies and the reason rescinding is recommended:
3 8
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Policy
No.

Title Purpose of Policy Reason for Rescindment
CP-64-1 Use of Municipal
Improvement Act of 1913
(Resolution No. 64-83)
Establishes
procedures to
utilize the Act
Outdated; Council approved use of SCIP and
BOLD programs for private development
6/7/22 via
Resolution Nos. 22-51 and 22-52
CP-65-1 Use of City Vehicles Rules for Employee
Use of City Vehicles
Employee-related; covered by
Administrative Policies
CP-65-2 Uniforms for Public Works
Employees
Requirement of
City Uniforms for
Public Works
Employees
Employee-related and outdated
CP-65-3 Maintenance of Public Safety
Employee’s Uniforms
Maintenance of
Uniforms for
Parking
Enforcement and
Animal Control
Officers
Employee-related and outdated
CP-67-1 Consulting Legal Advice,
Personnel Matters
City shall furnish
legal advice to
Departments
regarding
personnel actions
Employee-related and outdated
CP-69-1 Waiving the Requirements for
Sewers & Undergrounding
Utilities
Prohibits Council
from waiving such
requirements
Outdated; VMC 10.02.150 adopted via
Ordinance No. 2363 on 3/21/17 and VMC
16-5.12.180 & 190 supersede this
(Ordinance had insufficient repealing
provisions language)
CP-70-2 Mail Boxes on City right-of-
way
Prohibits
encroachment
permits for
mailboxes on City
right of way
Outdated; CP-82-1 established mailbox
standards, but didn’t rescind CP-70-2
CP-73-2 Annexations or
Reorganizations
City shall consider
all means of
providing services
for annexation
requests
Outdated; Covered by LAFCO annexation
process; Legislation reform approved in
2000 that set forth new process
CP-74-1 Downsizing of Property Establishes interim
measures for
downzoning
Outdated; Covered by General Plan that is
governed by State law
CP-74-3 Sidewalk Repair Policy Establishes
responsibility for
sidewalk hazards
Outdated; language overly broad for city
liability
3 8
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CP-75-2 Uniforms and Safety
Equipment for Public Safety
Employees
Allowance for City
Uniforms and
Safety Shoes
Employee-related and outdated – Uniforms
and Safety Shoes are covered in the Benefits
Resolution and MOU
CP-75-4 No Smoking - Council
Chambers
Prohibits smoking
in Council
Chambers
Unnecessary; State law prohibits smoking in
buildings.

CP-77-1 Street Lighting Requests Establishes street
lighting requests
through committee
Outdated; Street Lighting Advisory
Committee no longer exists.

CP-77-2 Zoning Establishes
parameters for
zone changes
Outdated; Covered by General Plan that is
governed by State law.

CP-77-3 Use of City Vehicles Restrictions on
employees’ use of
City vehicles
Employee-related and outdated
CP-78-1 Special Permits & Hardship
Cases – Trash Pickup
Provides for special
financial or medical
hardship permits
Outdated; VMC 6.36.160 adopted via
Ordinance No. 2270 on 3/15/11 supersedes
(insufficient repealing language in
Ordinance)
CP-78-3 Sick Leave Conversion Policy Provides
methodology for
employee sick
leave payout
Outdated; Resolution 09-103 superseded
this (no rescinding language in resolution
CP-78-6 Animal Control Regulations Provides direction
to draft ordinance
for animal control
regulations
Unnecessary; Ordinance 639 from 9/18/79
established AC Regulations
CP-78-7 Access Policy Establishes policy
for Offers of
dedication for
access purposes
Outdated; superseded by VMC 9.32.020
adopted via Ordinance No. 2349 on 5/17/16
(insufficient repealing language in
Ordinance)
CP-78-8 Building Permit Procedures Requires each
department to sign
Certificate of
Occupancy
Unnecessary; Conflicts with the City’s
updated electronic process
CP-78-9 Annexations Establishes
annexation hearing
process, even for
pre-zoning
Outdated; pre-zoning now included in
General Plan
CP-80-6 Cut-Off Time for Agenda
Items
Ensures receipt of
Council agenda
materials in timely
manner
Outdated; City Clerk and City Manager
ensure compliance with the Brown Act
CP-81-2 Safety Shoe Program Safety Shoe
Requirements
Employee-related and outdated
CP-81-5 Hiring of City Employees No hiring on off-
duty hours
Employee-related and outdated
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CP-81-6 Use of City Property Rules for employee
use of city
property, facilities,
or equipment, etc.

Employee-related and covered in Personnel
Rules and Regulations
CP-82-2 Sewering Establishes septic
tank policy
Outdated; VMC 10.02 adopted via
Ordinance No. 2363 on 3/21/17 supersede
this (Ordinance has insufficient repealing
language)
CP-83-2 Review of Position
Descriptions
City Council shall
review all position
descriptions
Employee-related; inconsistent with VMC
and City Manager’s role
CP-83-3A Golf Cart Fees for Single
Riders
Establishes golf cart
fees
Outdated; fees incorrect and now
established by contract operator
CP-84-1 Maintenance of Public
Buildings
Parks and
Recreation Director
responsible for
public buildings
Outdated; Conflicts with current City
structure and falls under City Manager
authority
CP-84-3 Concurrent Submission of
Zoning Applications
Provides for
concurrent
submittals
Outdated; VMC 16-2.05.010 adopted via
Ordinance 2360 on 12/20/16 supersedes
(but no conflicting provision language)
CP-85-1 Policies & Goals for City
Departments
Sets expectations
of Departments
Outdated; Strategic Plan and other
documents or actions supersede
CP-87-2 “No Parking” Restrictions Restrictions set by
Council upon
recommendation
of Committee
Outdated; No longer have a Traffic Advisory
Committee.

CP-88-1 School Crossing Guards Adult crossing
guards provided by
City
Outdated; school districts provide crossing
guards
CP-88-3 Disputed Health Insurance
Claims & Eligibilities
City Manager and
City Attorney to
make
determinations
Outdated; no longer our health plan and
raises privacy concerns
CP-89-3 Neighborhood Ad Hoc
Committee Job Description
Details of Ad Hoc
Committee role
Outdated; Neighborhood Ad Hoc
Committee no longer exists
CP-89-4A Masonry Walls in City Rights-
of-Way
Requires masonry
walls where rear
yards abut arterial
streets be
constructed in right
of way
Outdated – Covered in VMC 16-3.08.030
and 17.48.100
CP-89-5 Allowing Employees to Train
in Other Job Classifications
Cross Training for
City Employees
Employee-related; provided in Rules and
Regulations and Administrative Policies
3 8
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CP-89-6 Employee of the Month
Guidelines
Employee of the
Month program
Employee-related; City Manager develops
staff recognition programs
CP-89-7 Fire Advisory Committee
Guidelines
Establishes role of
Committee
Unnecessary; Fire Advisory Committee no
longer exists
CP-90-1 Voluntary Drug Testing for
City Council, City Manager
and Department Heads
Establishes policy
for voluntary drug
testing
Outdated, voluntary drug testing program
no longer exists
CP-90-2 Sanitary Advisory Committee
Guidelines
Establishes role of
Committee
Unnecessary; Sanitary Advisory Committee
no longer exists
CP-90-3 Debt Issuance Policy for private
developers to use
public financing
tools for public
infrastructure
Outdated; Council approved use of SCIP and
BOLD programs for private development
6/7/22 via
Resolution Nos. 22-51 and 22-52
CP-90-5 City-Wide Medians & Islands Requires raised
landscaped
medians on arterial
roadways
Outdated; now covered in the City’s 2018
General Plan Circulation Element;
requirements have changed
CP-90-6 Right of First Refusal –
Historic Buildings
Instructs
committee to
convey City’s
interest in
purchasing historic
buildings
Outdated; Historic Preservation Advisory
Committee no longer exists
CP-90-7 Administration Policy forming
Debt-Financing Districts for
Development
Establishes process
for developers to
utilize CFD’s
Outdated; Council approved use of SCIP and
BOLD programs for private development
6/7/22 (but no rescinding language for this
CP)
CP-90-8 Annexation Policy Establishes policy
and procedures for
annexation into the
City
Outdated; Covered by LAFCO annexation
process. Legislation reform approved in
2000 that set forth new processes.

CP-90-9 Disaster Status Reporting Provides reporting
requirements to
outside agencies
Outdated; Topics covered in City’s
Emergency Operations Plan or Continuity of
Operations Plan
CP-91-1 Military Pay Provides
employees with
supplemental pay
during military
service
Employee-related; covered by
Administrative Policy D-4 dated 10/13/11
CP-91-4 Model Homes Not Associated
with Tract Development
Provides for model
homes not
associated with
tract development
Outdated; No request for single model
homes (outside of a tract) in more than two
decades
CP-92-2 Modification to the Process
of Projects Seeking to
Increase Residential Densities
Requires developer
to obtain letter of
Outdated; School districts are consulted as
part of the entitlement process.
3 8
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release from school
district
CP-93-2 Recognition of
Councilmembers’ Private
Vehicles as Official City
Vehicles
Allows
Councilmembers to
park in official “City
Vehicle” spaces
Outdated; Council has designated parking
spaces
CP-94-2 Compensation to Employees
Subpoenaed as Witnesses
Compensation and
Reimbursement for
Witnesses
Employee- related; unnecessary because
prescribed by state law
CP-95-1 Purchasing Vehicles for City
Fleet
Outlines specific
purchasing process
for vehicles
Outdated; Conflicts with VMC Chapter 2.28
CP-99-1 Reclamation & Reuse of
Wastewater
Provides direction
to staff for non-
potable irrigation
water and to
address various
VVWRA issues
Outdated; appears to be responsive to
specific issues at that time, not practical for
today’s use
CP-07-1 Green Tree Fence Guidelines Allows large fences on golf course only
for driving range
Unnecessary; Policy overly vague as it does
not describe the definition of a “large fence”
CP-09-02 Layoffs Process for Layoffs Employee-related; covered in Personnel Rules and Regulations
CP-11-03 Vending Machine Nutrition Prescribes specific
offerings in City-
owned vending
machines
Employee-related; falls under purview of
City Manager
CP-24-04 City Council Policies
In order to provide guidelines and a regular review schedule for future Council Policies, CP-24-04 has been developed. The adoption of this policy should help to avoid in the future, the need for a substantial “clean-up” project such as the one just completed. The policy would require staff to review the existing Council Policies at least once every two years, to identify any changes in law that may impact the policies, or to recommend the rescinding of any policies that may conflict with subsequent Council action.

Conclusion
The adoption of Resolution No. 24-087 will bring clarity to the status of existing Council Policies by rescinding those policies that are no longer necessary and will establish a smaller group of 33 existing and valid Council Policies. To further this effort, CP-24-04 has been developed to help guide the development of new Council Policies and to establish a regular review process. Therefore, staff is recommending approval.

Staff remains available for any questions or comments.
3 8
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Attachments: A. Resolution No. 24-087
B. Copies of Council Policies to be Rescinded
C. Proposed CP-24-04 “City Council Policies”

Attachment A
1 RESOLUTION NO. 24-087

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, RESCINDING CERTAIN PREVIOUSLY

ADOPTED CITY COUNCIL POLICIES WHICH HA VE BECOME

OUTDATED, SUPERSEDED, AND/OR INCONSISTENT WITH CURRENT
LAW

WHEREAS, the City of Victorville (the “City ”) was first incorporated on September 21, 1962; and

WHEREAS, in connection with the City’s growth and expansion over the years, the City Council of the City of Victorville (“ City Council”) passed, approved, and adopted certain City Council policies to help with the day-to-day administration of the City and to provide guidance and regulation for the City in conducting its Municipal affairs (the “Policies”); and

WHEREAS, the City Council started adopting Policies soon after its incorporation and over the years has adopted more than one hundred such Policies; and

WHEREAS, City staff has undertaken an extensive review of such City Policies and determined that several of them have : (i) become outdated; (ii) been superseded by subsequent City Policies; (iii) been superseded by the provisions of the City Council’s adopted Policy and Procedures Manual and/or the City’s adopted Municipal Code ; or (iv) become inconsistent with State or Federal Law; and

WHEREAS, City staff has deemed it appropriate to request that the City Council consider rescinding those certain Policies that are no longer appropriate because of the reasons set forth in the prior Recital and has set forth a list of such Policies and attached it hereto as Exhibit “A” which is incorporated herein by this reference; and

WHEREAS, to ensure the City’s adopted policies are consistent with the current Municipal Code, the City Council’s Policy and Procedures Manual and State law, and for the reasons set forth in the Recitals hereof, this Resolution is being adopted to rescind those certain Policies as shown on Exhibit “A”

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

Section 1. That the recitals and findings set forth above are true and correct and are hereby incorporated in their entirety by this reference.

Section 2. That the City Policies as shown on Exhibit “A” are hereby rescinded and shall be of no further force and effect for the reasons set forth in the Recitals hereof.

Section 3. That this Resolution shall be effective as of the date of adoption.

Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of 2 passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted.

P:\APPS\WPDATA\VVCA\0001\DOCS 2 (9.2.22)\075.11 -RESOLUTION RESCINDING CITY POLICIES - GDB TLT REV RED 11.07.24 CLEAN LF 11.8.24.DOCX 3 EXHIBIT A

4 Policy No. Title Purpose of Policy Reason for Rescindment CP-64-1 Use of Municipal
Improvement Act of 1913
(Resolution No. 64-83)
Establishes
procedures to
utilize the Act
Outdated; Council approved use of
SCIP and BOLD programs for
private development 6/7/22 via
Resolution Nos. 22-51 and 22-52
CP-65-1 Use of City Vehicles Rules for Employee
Use of City Vehicles
Employee-related; covered by
Administrative Policies
CP-65-2 Uniforms for Public Works
Employees
Requirement of
City Uniforms for
Public Works
Employees
Employee-related and outdated
CP-65-3 Maintenance of Public Safety
Employee’s Uniforms
Maintenance of
Uniforms for
Parking
Enforcement and
Animal Control
Oﬃcers
Employee-related and outdated
CP-67-1 Consulting Legal Advice,
Personnel Matters
City shall furnish
legal advice to
Departments
regarding
personnel actions
Employee-related and outdated
CP-69-1 Waiving the Requirements
for Sewers &
Undergrounding Utilities
Prohibits Council
from waiving such
requirements
Outdated; VMC 10.02.150 adopted
via Ordinance No. 2363 on 3/21/17
and VMC 16-5.12.180 & 190
supersede this (Ordinance had
insuﬃcient repealing provisions
language)
CP-70-2 Mail Boxes on City right-of-
way
Prohibits
encroachment
permits for
mailboxes on City
right of way
Outdated; CP-82-1 established
mailbox standards, but didn’t
rescind CP-70-2
CP-73-2 Annexations or
Reorganizations
City shall consider
all means of
providing services
for annexation
requests
Outdated; Covered by LAFCO
annexation process; Legislation
reform approved in 2000 that set
forth new process
CP-74-1 Downsizing of Property Establishes interim
measures for
downzoning
Outdated; Covered by General Plan
that is governed by State law
CP-74-3 Sidewalk Repair Policy Establishes
responsibility for
sidewalk hazards

Outdated; language overly broad
for city liability
5 CP-75-2 Uniforms and Safety
Equipment for Public Safety
Employees
Allowance for City
Uniforms and
Safety Shoes
Employee-related and outdated –
Uniforms and Safety Shoes are
covered in the Beneﬁts Resolution
and MOU
CP-75-4 No Smoking - Council
Chambers
Prohibits smoking
in Council
Chambers
Unnecessary; State law prohibits
smoking in buildings.

CP-77-1 Street Lighting Requests Establishes street
lighting requests
through committee
Outdated; Street Lighting Advisory
Committee no longer exists.

CP-77-2 Zoning Establishes
parameters for
zone changes
Outdated; Covered by General Plan
that is governed by State law.

9.32.020 adopted via Ordinance
No. 2349 on 5/17/16 (insuﬃcient
repealing language in Ordinance)
CP-78-8 Building Permit Procedures Requires each
department to sign
Certiﬁcate of
Occupancy
Unnecessary; Conﬂicts with the
City’s updated electronic process
CP-78-9 Annexations Establishes
annexation hearing
process, even for
pre-zoning
Outdated; pre-zoning now included
in General Plan
CP-80-6 Cut-Oﬀ Time for Agenda
Items
Ensures receipt of
Council agenda
materials in timely
manner
Outdated; City Clerk and City
Manager ensure compliance with
the Brown Act
CP-81-2 Safety Shoe Program Safety Shoe
Requirements
Employee-related and outdated
CP-81-5 Hiring of City Employees No hiring on oﬀ-
duty hours
Employee-related and outdated
6 CP-81-6 Use of City Property Rules for employee
use of city
property, facilities,
or equipment, etc.

CP-83-2 Review of Position
Descriptions
City Council shall
review all position
descriptions
Employee-related; inconsistent
with VMC and City Manager’s role
CP-83-3A Golf Cart Fees for Single
Riders
Establishes golf cart
fees
Outdated; fees incorrect and now
established by contract operator
CP-84-1 Maintenance of Public
Buildings
Parks and
Recreation Director
responsible for
public buildings
Outdated; Conﬂicts with current
City structure and falls under City
Manager authority
CP-84-3 Concurrent Submission of
Zoning Applications
Provides for
concurrent
submittals
Outdated; VMC 16-2.05.010
adopted via Ordinance 2360 on
12/20/16 supersedes (but no
conﬂicting provision language)
CP-85-1 Policies & Goals for City
Departments
Sets expectations
of Departments
Outdated; Strategic Plan and other
documents or actions supersede
CP-87-2 “No Parking” Restrictions Restrictions set by
Council upon
recommendation of
Committee
Outdated; No longer have a Traﬃc
Advisory Committee.

3.08.030 and 17.48.100
CP-89-5 Allowing Employees to Train
in Other Job Classiﬁcations
Cross Training for
City Employees
Employee-related; provided in
Rules and Regulations and
Administrative Policies
7 CP-89-6 Employee of the Month
Guidelines
Employee of the
Month program
Employee-related; City Manager
develops staﬀ recognition
programs
CP-89-7 Fire Advisory Committee
Guidelines
Establishes role of
Committee
Unnecessary; Fire Advisory
Committee no longer exists
CP-90-1 Voluntary Drug Testing for
City Council, City Manager
and Department Heads
Establishes policy
for voluntary drug
testing
Outdated, voluntary drug testing
program no longer exists
CP-90-2 Sanitary Advisory Committee
Guidelines
Establishes role of
Committee
Unnecessary; Sanitary Advisory
Committee no longer exists
CP-90-3 Debt Issuance Policy for private
developers to use
public ﬁnancing
tools for public
infrastructure
Outdated; Council approved use of
SCIP and BOLD programs for
private development 6/7/22 via
Resolution Nos. 22-51 and 22-52
CP-90-5 City-Wide Medians & Islands Requires raised
landscaped
medians on arterial
roadways
Outdated; now covered in the
City’s 2018 General Plan Circulation
Element; requirements have
changed
CP-90-6 Right of First Refusal –
Historic Buildings
Instructs
committee to
convey City’s
interest in
purchasing historic
buildings
Outdated; Historic Preservation
Advisory Committee no longer
exists
CP-90-7 Administration Policy
forming Debt-Financing
Districts for Development
Establishes process
for developers to
utilize CFD’s
Outdated; Council approved use of
SCIP and BOLD programs for
private development 6/7/22 (but
no rescinding language for this CP)
CP-90-8 Annexation Policy Establishes policy
and procedures for
annexation into the
City
Outdated; Covered by LAFCO
annexation process. Legislation
reform approved in 2000 that set
forth new processes.

Employee-related; covered by
Administrative Policy D-4 dated
10/13/11
CP-91-4 Model Homes Not
Associated with Tract
Development
Provides for model
homes not
associated with
tract development
Outdated; No request for single
model homes (outside of a tract) in
more than two decades
8 CP-92-2 Modiﬁcation to the Process
of Projects Seeking to
Increase Residential
Densities
Requires developer
to obtain letter of
release from school
district
Outdated; School districts are
consulted as part of the
entitlement process.

CP-93-2 Recognition of
Councilmembers’ Private
Vehicles as Oﬃcial City
Vehicles
Allows
Councilmembers to
park in oﬃcial “City
Vehicle” spaces
Outdated; Council has designated
parking spaces
CP-94-2 Compensation to Employees
Subpoenaed as Witnesses
Compensation and
Reimbursement for
Witnesses
Employee- related; unnecessary
because prescribed by state law
CP-95-1 Purchasing Vehicles for City
Fleet
Outlines speciﬁc
purchasing process
for vehicles
Outdated; Conﬂicts with VMC
Chapter 2.28
CP-99-1 Reclamation & Reuse of
Wastewater
Provides direction
to staﬀ for non-
potable irrigation
water and to
address various
VVWRA issues
Outdated; appears to be
responsive to speciﬁc issues at that
time, not practical for today’s use
CP-07-1 Green Tree Fence Guidelines Allows large fences on golf course only
for driving range
Unnecessary; Policy overly vague as
it does not describe the deﬁnition
of a “large fence”
CP-09-02 Layoﬀs Process for Layoﬀs Employee-related; covered in Personnel Rules and Regulations
CP-11-03 Vending Machine Nutrition Prescribes speciﬁc
oﬀerings in City-
owned vending
machines
Employee-related; falls under
purview of City Manager

Attachment B

Attachment C

CITY OF VICTORVILLE

COUNCIL POLICY
SUBJECT:

City Council Policies
POLICY NO: CP-24-04
SUPERCEDES:

N/A
DATE: November 19, 2024
I. PURPOSE
To m
aintain a system of City Council policies which provide broad, general guidelines to the City Manager for the administration, operation, or general health, safety and welfare of the City of Victorville; and to establish procedures for the preparation, distribution and maintenance of Council Policies.

II. BACKGROUND
In order to effectively carry out the day -to-day operations of the City, the City Manager and staff depend on an extensive body of laws, regulations, ordinances, codes and policies for direction. Many of the policies developed by the City Council, such as those dealing with land use and zoning issues, have been codified by ordinance or adopted by resolution into the Municipal Code, General Plan, etc.

M
any times, however, the City Council may establish a policy which is simply an expression of its desire to see certain outcomes achieved relative to particular situations, or issues. These policies may not contain specific legal language and may not prescribe specific actions and/or measures. From these broad policies, the City Manager and staff develop administrative procedures designed to achieve the Council’s goals and objectives.

III. POLICY
The City of Victorville shall maintain documentation of City Council policies which are typically not codified into the various legal documents maintained by the City.

The purpose of these policies is to provide general direction to the City Manager and staff to develop administrative procedures which are consistent with the City Council’s goals and objectives.

IV. PROCEDURES
The City Manager shall utilize the following process for developing and maintaining the appropriate documentation of City Council Policies:

1. New policies, communicated by the City Council, will be prepared in written form and submitted to the Council at a subsequent meeting for review and content approval.

2. Alternatively, the City Manager may propose City Council policies , and present to the City Council for its approval, that may be in the interest of the effective administration, operation, or general health, safety and welfare of the City.

3. Existing policies may be recommended for deletion or modification by any member of the City Council or the City Manager. Any such deletion or modification shall be placed on the City Council agenda.

4. The policy shall be generally in the format attached as ‘Exhibit A’ and shall include the Council Policy number as assigned by the City Clerk, subject, adoption date, any policy superseded, purpose, background, policy statement, and procedures, as applicable.

5. If an existing Council Policy is to be updated, or otherwise amended, the originator shall request a new Council Policy number from the City Clerk to utilize for the updated or amended policy and shall request for the City Council to rescind the existing policy upon adoption of the updated or amended policy.

6. Council Policy originators should determine whether the issue is best addressed as an addition to a comprehensive policy document (such as the General Plan), whether an ordinance to create or amend municipal law is best, or whether a new Council Policy is warranted.

7. Council Policy originators should also research administrative procedures or any other relative City documents that may be in need of updating or revision should the new Council Policy be adopted and coordinate such revisions to prevent conflicts among various City policy documents.

8. The Council Policies shall be reviewed at least every two (2) years to ensure that subsequent Council actions or changes in law do not render a Council Policy unnecessary or in need of an update.

9. New council members will be provided with Council Policies as part of their orientation.

10. The City Clerk shall be responsible for the distribution of newly approved Council Policies to the City Council, and City staff to bring awareness of the new policy.

11. Copies of Council Policies shall be kept in the City Clerk’s office.

EXHIBIT A

CITY OF VICTORVILLE

COUNCIL POLICY

SUBJECT:

POLICY NO:

SUPERCEDES:

DATE:

V. PURPOSE

VI. BACKGROUND

VII. POLICY

VIII. PROCEDURES

Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: November 19, 2024
Submitted By:

Alex Jauregui, City Planner

Subject:

Acceptance of California Department of Housing and Community Development Encampment Resolution Fund Round 3 (ERF-3) grant funding for homelessness services and an associated amendment to an existing Professional Services Agreement with Symba Center to include ERF-3 funding for program-specific services Recommendation:

That the Honorable City Council adopt Resolution Nos. 24-098 and 24-099, thereby:
(1) Accepting the ERF-3 Grant with the California Department of Housing and Community Development (HCD) and providing the City with $6,365,069.60 for enhanced street outreach, street medicine, housing navigation, emergency housing, interim housing, rapid rehousing (RRH), and permanent housing;
(2) Authorizing the City Manager to finalize all documents needed to execute the ERF-3 contract and administer the overall project;
(3) Authorizing the City Manager to make any necessary amendments to the contract as deemed necessary;
(4) Amending the annual budget for fiscal year 2024-2025 to reflect an additional appropriation in the amount of $6,365,069.60; and
(5) Amending the Professional Services Agreement with Symba Center, increasing Symba Center’s compensation in the amount of $1,417,420.00 to provide ERF-3 enhanced case management, street medicine, housing navigation, and RRH, with any non-substantive changes, if necessary, as agreed upon by the City Manager and City Attorney.

Fiscal Impact:

The proposed action will result in an increase of $6,365,069.60 in the City's budget to provide services and support to people experiencing homelessness in encampments that will result in meaningful paths to safe and stable housing. ERF-3 funding will be disbursed to the City in one allocation after HCD has received, reviewed and approved the 3 8
6 8
completed Standard Agreement and the Request for Funds Form (RFF). The RFF has not been made available by HCD at this time; however, pursuant to the Boilerplate Standard Agreement provided by HCD (Attachment C), the RFF is required to include the proposed eligible uses and the amount of funds proposed to be expended, as approved by the City Council. Additionally, there is no match requirement with this funding source and required grant reporting functions (e.g. input and extrapolation of data) will be managed by the City’s Homelessness Solutions staff utilizing internal client management system and local Homeless Management Information System (HMIS). Lastly, the proposed action will also provide an additional $1,417,420.00 to Symba Center to provide ERF-3 specific services, which will be memorialized by an amendment to an existing Professional Services Agreement (Attachments D & E) given the HCD’s requirement to quickly expend ERF-3 funding and Symba Center’s current role in providing the subject ERF-3 services.

Strategic Plan Goal:

This grant opportunity aligns with Goal D of the 2023-2026 Strategic Plan; specifically, strategies 3, 4, and, 5, which state that in order to achieve the goal of reducing homelessness, the City should:
•Expand on the existing homelessness outreach network to effectively engage the homeless community in services;
•Evaluate the effectiveness of coordination of homelessness services; and •Strengthen collaboration with the County and other entities to identify new funding opportunities and expand partnerships for homelessness services.

Inasmuch as the proposed grant funding opportunity will allow the City to further implement the strategies noted above as well as address Goal A of the 2023-2026 Strategic Plan by identifying new funding sources to promote the City’s financial sustainability, acceptance of the subject grant would be in compliance with the City’s 2023-2026 Strategic Plan.

Background:

Grant History
The California Interagency Council on Homelessness (Cal-ICH) released an Encampment Resolution Funding Round 3 (ERF-3) to assist local jurisdictions in ensuring the wellness and safety of people experiencing homelessness in encampments. While Cal-ICH published the Notice of Funding Availability regarding the ERF-3 grant, the responsibility of administering the grant was subsequently transferred to the California Department of Housing and Community Development (HCD). Eligible applicants for ERF- 3 included counties, Continuums of Care (CoCs), and cities of any size. Applications were accepted on a rolling basis until June 30, 2024, or until all funds were depleted, whichever came first. Funds were prioritized for proposals that served people living in encampments on State rights-of-way.
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In April 2024, the City applied for ERF-3 funding, seeking resources from the State of California to fund services and support within the City to ensure the wellness and safety of people experiencing homelessness in encampments. Grant applications were required a focus on a specific encampment site/sites and City staff selected the encampment areas along Highway 18 and Interstate 15, including a one-mile radius from these focus areas. These areas were selected given that they encapsulate the highest concentration of the City’s homeless population needing services and support.

On September 27, 2024, the City was awarded $6,365,069.60 in Encampment Resolution Funding (ERF) by the HCD (Attachment F). At this time, the City has received a Boilerplate Standard Agreement; however, HCD intends to issue a final Standard Agreement within 90 days of receipt of the documentation required to execute this contract.

Grant Purpose
The ERF-3 grant is intended to assist local jurisdictions in ensuring the wellness and safety of people experiencing homelessness in encampments by: providing services and support that meet immediate physical and mental health needs; and creating meaningful pathways to safe and stable housing. Additionally, the objective of ERF-3 grant program is to fund actionable, person-centered proposals that resolves the experience of unsheltered homelessness for people residing in encampments by: addressing safety and wellness for these individuals; resolving critical encampment concerns, and transitioning people into interim shelter with clear pathways to permanent housing or directly into permanent housing.

Proposed/Eligible Grant Uses
The City’s grant application for ERF-3 funding was awarded based upon an application submittal that included the following eligible uses:

Eligible Use Proposed Activities
Street Outreach
Increased access to crisis services, the Wellness Center, and housing solutions by funding the City’s Homeless Engagement Team Officers, case management, and field medical personnel.

Interim Housing
Increased access to interim housing options by funding housing navigation services, Wellness Center operations, and a motel voucher program.

Rapid Rehousing
Increased housing options by funding rental subsidies, security deposits, landlord incentives, housing search assistance, and providing access of other community based services.

Permanent Housing
Delivery of permanent housing, such as linking individuals to Desert Haven (a permanent supportive housing complex
located on Stoddard Wells Road) and the possible
implementation of Phase 2 of the Wellness Center.

Although previous awards of Encampment Resolution Funding to the City of Victorville included the clean-up of encampments, the subject ERF-3 funding is focused on providing 3 8
6 8
services and support that meet immediate physical and mental health needs for those experiencing homelessness in encampments and connecting people to housing, with actual clean-up of encampments a prohibited use of funds. The City currently has sufficient budgeted funds and staffing to address the clean-up of encampments.

Discussion:

Overview
The awarded ERF-3 funding is a significant step forward in the City’s ongoing efforts to combat homelessness, providing for the expansion of vital homelessness programs, including outreach, case management, and housing navigation, while continuing the operation of the Wellness Center. As outlined in the 2023-2026 Strategic Plan, the City remains committed to expanding the homelessness outreach network by offering shelter and comprehensive supportive services to unsheltered residents, helping them achieve long-term stability and permanent housing. City staff intends to work closely with state agencies, local partners, and community organizations to ensure the effective implementation of these ERF-3 grant programs and achieve the best possible outcomes for Victorville residents.

As noted in the “Background” Section of this report, the City of Victorville has been awarded over $6.3 million in ERF-3 from HCD to further address homelessness and resolve encampments within the City. The ERF-3 funding awarded to the City is intended to be directed toward several key initiatives that aim to address homelessness and encampments in accordance with the ERF-3 guidelines, which include the following:
•Expand and enhance current efforts related to street outreach, street medicine, and housing navigation in order to engage unsheltered/sheltered individuals and connect them with housing and services;
•Support ongoing operations of the Victorville Wellness Center, which provides shelter, medical care, and supportive services;
•Develop and maintain interim and emergency housing solutions at the Wellness Center and supply motel vouchers to provide stability;
•Facilitate rapid rehousing to assist individuals and families in quickly moving from homelessness to stable housing; and
•Support permanent housing solutions, which include assisting Wellness Center client transitions to Desert Haven as well as furthering efforts to implementing permanent housing at Phase 2 of the Wellness Center.

A further description of these key initiatives, including their funding amounts, associated providers, and activity description are summarized in the attached ERF-3 budget summary (see Attachment G). The City’s goals in utilizing ERF-3 grant funding and advancing the noted initiatives are to provide service to 200 individuals in the identified 3 8
6 8
encampment areas (Attachment H) and provide permanent housing solutions to at least 100 individuals.

Grant Implementation Timeline
The ERF-3 grant period includes various deadlines for expenditure and obligation of funds, reporting, and contract execution, as follows:
•July 1, 2024, to June 30, 2027 – Overall Expenditure Period of Performance oJune 30, 2025 - 100% of awarded funding required to be obligated. oJune 30, 2025 - 50% min. of awarded funding ($3,183,534.80) to be expended. oJune 30, 2027 - 100% of awarded funds to be expended.
•April 1, 2028 – Final Work Product submittal deadline to HCD, which reports on programmatic fiscal data as well as provides a narrative on outputs and outcome resulting from the grant funding.
•April 15, 2029 – ERF-3 Agreement Termination Date.

Additionally, HCD has set a 90-day timeframe to finalize a Standard Agreement upon their receipt of the City’s intent to accept the subject grant. While the City has not received a final Standard Agreement at this time, HCD has provided a boilerplate ERF agreement for reference (Attachment C).

Symba Center Agreement Amendment
In an effort to provide the services required by the acceptance of the ERF-3 grant as well as meet the timeliness standards, City staff is requesting City Council approval of an amendment to an existing Professional Services Agreement between the City and Symba Center to provide Wellness Center Wraparound Services in order to include funding and an updated scope of work for the subject ERF-3 services and staffing (Attachment E).

A brief synopsis of the City’s selection of and history with Symba Center is provided as follows:
•February 20, 2023, staff issued a Request for Proposal (RFP), pursuant to Section

2.28.280 of the Victorville Municipal Code to solicit a Wellness Center Wraparound Services Provider to oversee the supportive services of the Interim Shelter and the Wellness Center.
•On June 6, 2023, the Council approved the Professional Services Agreement between the City and Symba Center to provide wraparound services at the City’s Wellness Center (Attachment D). The supportive “Wraparound” services included but were not limited to, housing navigation, medical and behavioral health services, recuperative care, substance abuse counseling, case management, job training/placement, assistance with documentation readiness, and coordination with partner referral entities.
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oWhile this agreement is up for renewal on June 30, 2025, during the term of the Agreement, including any extensions (as applicable), the City may request that the Symba Center perform “Extra Services”. As defined in the existing agreement, "Extra Services" means any services, which are determined by the City to be necessary for the proper delivery of the Wraparound Services but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Since initiating services with the City, Symba Center has met expectations and helped with the successful placement of over 90 Wellness Center clients into permanent housing solutions. Symba Center has also been helpful in supporting the City’s outreach efforts and providing aftercare services for individuals graduating into permanent housing after their stay at the Wellness Center. As such, Symba Center has shown the ongoing ability to provide successful services for the City’s homeless population and increase capacity of their scope of work to include ERF-3 specific programming and staff, which presents an opportunity to enhance the agreement between the City and Symba Center in a manner that will ensure compliance with ERF-3 expenditure deadlines. Specifically, the City seeks to amend the existing contract to provide the following services and funding amounts during FY ’24-’25 to Symba Center.

Service Description FY 24-25
Amount
Case Management
Trauma informed, client
centered case management to
advance client housing.
$112,000
(1/2 of total
amount)
Licensed Vocational
Nurse
Medical services to outreach
clients and connection to
additional levels of care.
$78,000
(1/2 of total
amount)
Housing Navigator
Landlord engagement, housing
search, landlord contracts, and
aftercare mitigation.
$67,500
(1/2 of total
amount)
Rapid Rehousing
(RRH)
Rental subsidies, security
deposits, landlord incentives,
house search, and facilitating
access to services.
$1,159,920
(1/2 of total
amount)
Total
Amount: $1,417,420
Due to the aggressive timeline for expending 50% of the subject funds by June 2025, and goals to provide associated services, City staff is requesting that the City Council approve the acceptance of the ERF-3 funding and authorize the City Manager to execute the contract upon its receipt and take necessary action to administer the grant, as outlined in Resolution Nos. 24-098 & 24-099, as well as approve the First Amendment to the Professional Services Agreement with Symba Center, increasing Symba Center’s 3 8
6 8
compensation in the amount of $1,417,420.00 to provide ERF-3 enhanced case management, street medicine, housing navigation, and RRH.

Attachments: A. City Council Resolution No. 24-098 - City/HCD Standard Agreement B. City Council Resolution No. 24-099 - Budget Amendment C. City/State Boilerplate Standard Agreement
D. City/Symba Center Original Agreement
E. City/Symba Center First Amended Agreement
F. City of Victorville ERF-3 Award Letter
G. ERF-3 Budget Summary
H. ERF-3 Encampment Areas

ATTACHMENT A
Resolution No. 24-098
City/HCD Standard
Agreement

RESOLUTION NO. 24-098

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIC TORVILLE ACCEPTING THE ENCAMPMENT RESOLUTION FUND ROUND 3 (ERF-3) GRANT IN THE AMOUNT OF $6,365,069.60; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO FINALIZE ALL DOCUMENTS NEEDED TO EXECUT E THE ERF-3 CONTRACT AND ADMINISTER THE OVERALL PROJECT; AND AU THORIZING

THE CITY MANAGER TO MAKE ANY NECESSARY AMENDMENTS T O THE

CONTRACT AS DEEMED NECESSARY BY THE CALIFORNIA DEPA RTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT OR THE CITY ATTORNEY

WHEREAS, set forth in Resolution No. 19-089, the City Counci l adopted a Homelessness Solutions Strategic Action Plan (“HSSA P”) outlining a means to address outreach and visibility and apply for grant funding that aligns with the actions, goals and objections of the HSSAP; and

WHEREAS, the City’s 2023-2026 Strategic Plan, Goal D indicat es expanding on the existing homelessness outreach network to ef fectively engage the homeless community in services. Evaluating the effectiveness of coordination of homelessness services, and strengthening collaboration with the County and other entities to identify new funding opportunities and expand partnerships for homelessness services; and

WHEREAS, the California Department of Housing and Community Development will provide to the City $6,365,069.60 to provide services and support to people experiencing homelessness in encampments tha t results in meaningful paths to safe and stable housing; and

WHEREAS, the City of Victorville (City) has a Wellness Cente r, a non- congregate care facility that will play a critical role in the stabilization of sheltered and unsheltered homeless individuals by providing a low -barrier navigation center, a recuperative care facility, a medical clinic, interim housing, and wraparound supportive services such as case management, care coordination (medical, mental health and dental), job training/placement, legal services, and housing navigation; and

WHEREAS, the City of Victorville (City) has a Homeless Engagement Team, a trauma-informed, client-centered outreach and engag ement team that will play a critical role in the stabilization of unsheltered h omeless individuals by providing services such as case management, care coordination (medical, mental health and dental), and housing navigation; and

WHEREAS, The California Department of Housing and Community Development finds the City qualified and awarded th e City Encampment Resolution Funding to assist individuals living in encampments; and

WHEREAS, the City desires to enter into this Grant Agreement with the California Department of Housing and Community Deve lopment to clarify roles, responsibilities, and reimbursement terms regarding the Encampment Resolution Fund Grant Program; and

WHEREAS , the City Council finds that all materials that constitute the record of proceeding upon which its decision is based shall be located with the City of Victorville Clerk, located at 14343 Civic Drive, Victorville, California; and

WHEREAS , after hearing all testimony presented, the City C ouncil votes to accept the Encampment Resolution Fund Round 3 (ERF- 3) grant in the amount of $6,365,069.60 and approve the expenditure of funds pursuant to the ERF-3 Budget Summary, which is attached to this Resolution as Exhibit A.

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

Section 1. Recitals.

The foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 2. Contract Agreement
The City Council hereby authorizes the execution of the contract between the City and the California Department of the Housing and Community Development to accept and use the Grant to address individuals experiencing homelessness in encampments within specified encampments area(s) within the Cit y of Victorville and provide them with services to assist them in pathways to permanent housing solutions.

Section 3. City Manager Authority
The City Council hereby delegates to the City Manager or his designee the role of Signature Authority on behalf of the City to execute all grant documents necessary to secure ERF-3 funds and administer/implement the approved grant project, including the execution of agreements/contracts necessary to administer or implement the approved grant project and budgeted items provided no contracts exceed the City Managers Contract Authority provided by Section 2.28.060 of the Victorville Municipal Code, excepting for Amendment 1 to the Professional Services Provider Agreement between the City of Victorville and Symba Center (P roject No. JM23-065) that is authorized for execution.

Section 4. Effective Date
This Resolution shall take effect immediately upon its adoption.

Exhibit A

Encampment Resolution Fund (ERF) - Round 3 Budget Summary Category Amount Cost Breakdown Provider (s) Description Case Management 224,000.00$
Case Management Symba Center contract amendment
Provide trauma-informed, client centered case
management to advance client housing plans. Case Manage clients in emergency shelter (motel vouchers) and assist with bridge housing.

Homeless Engagement Officers 200,000.00$
Outreach and Engagement City of Victorville
Support our City's Homeless Engagement Team in providing trauma-informed, client centered engagement services and linkage to housing options, alternative options, and
additional services. Educate clients on where to receive services and how to obtain interim housing.

Licensed Vocational Nurse (Outreach) 156,000.00$ Street Medicine Symba Center contract amendment Provide medical services to outreach clients and link clients to appropriate levels of care.

Housing Navigator 135,000.00$ Housing Navigation Symba Center contract amendment Provide landlord engagement, house searching, contracts with landlords, and aftercare/landlord mitigation.

Wellness Center Operations 1,368,000.00$ Wellness Center Bed Nights City of Victorville Providing bed nights for clients within the encampment
area. This includes all shelter and wraparound services.

Wellness Center Operational Reserves 1,380,000.00$
Wellness Center Reserve Bed
Nights City of Victorville Operational Reserved for Wellness Center operations.

Motel Vouchers 195,000.00$
Emergency Shelter Bed
Nights RFP for services providers.

Emergency Shelter for up to 30 days. These are to be used for clients who are not able to enter the Wellness Center based on eligibility, suitability, or vacancy. These will also be used for families when there are no vacancies at the Wellness Center.

Rapid Re-Housing 2,319,840.00$
Rapid Re-Housing Program(s) Symba Center Contract Amendment and RFP for additional provider(s)
Rental subsidies, security deposits, landlord incentives, house search, case management, and facilitating access to services.

Permanent Supportive Housing 231,984.00$
Subsidies and Permament
Housing Solutions City of Victorville; Desert Haven To assist with permanent housing for individuals within the grant area.

Administrative Cost 155,245.60$ Homelessness Solutions Homelessness Solutions (COV) Administer the grant 6,365,069.60$
1 5
5 6
4 ATTACHMENT B
Resolution No. 24-099
Budget Amendment
1 5
5 6
4 RESOLUTION NO. 24-099

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2024-2025
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 2024-2025; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2024, 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, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.

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 2024-2025 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.

Account Amount Adjusted
2704020-43110-20404 (REVENUE) $6,365,069.60
2704020-51100-20404 (FULL TIME

WAGES EXPENDITURE)
$315,245.60
2704020-51200-20404 (FULL TIME

FRINGE BENEFITS EXPENDITURE)
$9,000.00
2704020-51300-20404 (FULL TIME

TAXES EXPENDITURE)
$11,000.00
2704020-52300-20404 (SERVICES

EXPENDITURE)
$6,009.824.00
2704020-52110-20404 (SUPPLIES

EXPENDITURE)
$20,000.00
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
City/State Boilerplate
Standard Agreement
G rantee Name
24-ERF-3-R-XXXX

Page 1 of 23 ends

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. A
uthority
The S
tate of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. ERF was amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).

The P
rogram is administered by the California Department of Housing and Community Development (“HCD”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been three rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Rolling Disbursement in Round 3 of the ERF Program (“ERF-3-R”). For this Standard Agreement, ERF-3-R is synonymous with “ERF” or “Program” and refers to programs and grantees under Health and Safety Code 50252.1(c)(1).

Thi
s Standard Agreement along with all its exhibits (“Agreement”) is entered into by HCD and a Continuum of Care or a Local Jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (“NOFA”) dated November 27, 2023, under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.

2. P
urpose
As s
tated in the NOFA, the Program’s objective is to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Grantee Name
24-ERF-3-R-XXXX

Page 2 of 23 ends

EXHIBIT A

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX

3. Definitions

The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code section 50250, Subdivisions (a) – (m);

A. “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.

B. “Agency” means the Business, Consumer Services, and Housing Agency.

C. “Applicant” means a continuum of care or local jurisdiction.

D. “Continuum of Care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.

E. “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.

F. “County” includes, but is not limited to, a city and county.

G. “Department” means the California Department of Housing and Community Development.

H. “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.

I. “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.

J. “Local Jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

K. “Program” means the Encampment Resolution Funding program established pursuant to this chapter.

L. “Recipient” means an applicant that receives grant funds from HCD for the purposes of the program.

M. “State right-of-way” means real property held in title by the State of California

A
dditional definitions for the purposes of ERF program:

Grantee Name
24-ERF-3-R-XXXX

Page 3 of 23 ends

EXHIBIT A

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
“Grantee” is “a Continuum of Care or a Local Jurisdiction that receives grant funds from HCD for the purposes of the program. Grantee is synonymous with “Recipient.”

“Subrecipients” or “Subgrantees” are entities that receive subawards from “Recipients” or “Grantees” to carry out part of the Program.

“Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding.

“Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding.

Grantees must expend and obligate the funds by the statutory deadlines set forth in this Exhibit A.

4. S
cope of Work

This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.

As detailed in Exhibit A.2, t
he Program ’s objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.

G
rantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance and directives, and the requirements per the authorizing statute.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Payment Provisions.

Grantees are expected to be close partners with HCD. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.

Quarterly reporting requirements are detailed below in Exhibit D.4, Reporting,
Evaluation, and Audits.

Fiscal deadlines are detailed below in Exhibit A.6, E
ffective Date, Term of Agreement,
and Deadlines.

Grantee Name
24-ERF-3-R-XXXX

Page 4 of 23 ends

EXHIBIT A

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
Grantees shall complete a Final Work Product (as detailed below in Exhibit A.6.D) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will make Technical Assistance available.

HCD m
aintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.

5. HCD C
ontract Coordinator

HCD’s Contract Coordinator for this Agreement is HCD’s Grant Program Design Section Chief or the Grant Program Design Section Chief’s designee. Unless otherwise instructed, any communication shall be conducted through email to the HCD Contract Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, HCD shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to HCD and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:

PROGRAM GRANTEE
ENTITY: California Department of Housing
and Community Development
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon Street, Suite 400
Sacramento, CA, 95811

CONTRACT
COORDINATOR Jeannie McKendry
PHONE
NUMBER: (916) 490-9589

EMAIL
ADDRESS:

[email protected]
[email protected]

Grantee Name
24-ERF-3-R-XXXX

Page 5 of 23 ends

EXHIBIT A

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
The Department reserves the right to change their HCD Contract Coordinator, designee, contract administering entity, and / or contact information at any time with reasonable notice to the Grantee.

All requests to update the Grantee information listed within this Agreement shall be emailed to the HCD grant’s general email box at
[email protected].

Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to the HCD Contract Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment.

6. E
ffective Date, Term of Agreement, and Deadlines

A. This Agreement is effective upon execution by HCD, which includes signature from the Grantee and HCD. This is indicated by the HCD provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.

B. Performance shall start no later than 30 days, or on the express date set by HCD and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, HCD, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.

C. Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.

D. This Agreement will terminate on April 15, 2029.

Grantees shall submit a Final Work Product by April 1, 2028. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.

HCD will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by April 15, 2029.

Grantees are expected to continue performing until April 15, 2029. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials.

E. Expenditure and Obligation Deadlines:

Grantee Name
24-ERF-3-R-XXXX

Page 6 of 23 ends

EXHIBIT A

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX

1) Grantees shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2025.

2) Grantees that have not obligated 100 percent of their Program funds by June 30, 2025, shall submit an alternative disbursement plan to HCD for approval no later than July 30, 2025. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.

3) Grantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by HCD.

4) All Program funds (100 percent) shall be expended by June 30, 2027.

Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).

Grantee Name
24-ERF-3-R-XXXX

Page 7 of 23 ends

EXHIBIT B

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX

BUDGET DETAIL AND PAYMENT PROVISIONS

1. P ayee

Name: [Legal Grantee Name] Amount: $ [ERF-3-R Award Amount]

2. G
eneral Conditions Prior to Disbursement

All Grantees must submit the following completed forms prior to ERF being released:

A. Request for Funds Form (“RFF”)

B. STD 213 Standard Agreement form and Exhibits A, B, D and E

C. STD 204 Payee Data Record or Government Agency Taxpayer ID Form

3. D isbursement of Funds

ERF will be disbursed to the Grantee in one allocation upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.

The RFF must include the proposed eligible uses and the amount of funds proposed to be expended.

4. B
udget Details and Expenditure of Funds

The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted, approved budget. HCD reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted budgets.

A. Budget Changes

1) Process:

Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. HCD may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.

Grantee Name
24-ERF-3-R-XXXX

Page 8 of 23 ends

EXHIBIT B

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
HCD reserves the right to amend or adjust this process as necessary.

2) Conditions requiring a budget modification request:

Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by HCD so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.

Any decrease or increase to the total expenditures for any eligible use category must be approved by HCD’s Grant Program Design Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized
budget. The Grants Program Design Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from HCD as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6, Breach and Remedies.

Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change shall be submitted to HCD for prior approval.

B. Eligible Uses

Eligible uses and activities must be consistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

Eligible uses and activities include, but are not limited to, the following:

Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.

Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.

Grantee Name
24-ERF-3-R-XXXX

Page 9 of 23 ends

EXHIBIT B

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services.

Services Coordination: Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.

Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.

Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.

Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.

Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.

Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.

Administration: up to 5% of awarded Program funds may be applied to administrative costs.

P
rogram funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.

5. I
neligible Costs

Grantee Name
24-ERF-3-R-XXXX

Page 10 of 23 ends

EXHIBIT B

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.

HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.

HCD reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD at an amount and timeframe determined by HCD.

An expenditure which is not authorized by this Agreement, or by written approval of HCD, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to HCD by the Grantee at an amount and timeframe determined by HCD.

Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution.

Unless expressly approved by HCD in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution.

Grantee Name
24-ERF-3-R-XXXX

Page 11 of 23 ends

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX

ERF GENERAL TERMS AND CONDITIONS

1. T ermination and Sufficiency of Funds

A. Termination of Agreement

HCD may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, violation of any federal or state laws; or withdrawal of HCD’s expenditure authority as described in Exhibit D, Breach and Remedies. Violation of any f ederal or state laws; or withdrawal of HCD’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within 30 days of HCD’s specified date of termination.

B. S
ufficiency of Funds

This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.

2. T
ransfers

Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12, Special Conditions – Grantees/Subgrantee or with the prior
written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.

3. G
rantee’s Application for Funds

Grantee submitted a standardized budget to HCD as part of their application for the Program.

Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any part of the application, or any approved modification or addition thereto is untrue, incorrect, Grantee Name
24-ERF-3-R-XXXX

Page 12 of 23 ends

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
incomplete, or misleading in such a manner that would substantially affect HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.

4. R
eporting, Evaluation, and Audits

A. Reporting Requirements

1) Timing and Format of Reports.

Grantee is required to provide HCD or its agents with all data and outcomes that may inform an assessment of the funded proposal.

Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination.

The quarterly reports shall be submitted on a template to be provided by HCD at least 90 days prior to the first reporting deadline. HCD may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.

2) Required Data

Grantees will be required to provide, at minimum:

• Outreach and service path data at the anonymized, individual level. • Current housing status of persons served in the aggregate. • Status of funding as presented in the HCD approved, standardized budget.
• C ontinued confirmation that projects receiving ERF funds are populated timely into HMIS and use HCD supplied funding codes.

HCD’s discretion in identifying which information shall be included in these reports is final. Grantees shall also report information in the form and manner required by HCD. Failure to comply will be considered a breach.

Pur
suant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.

Grantee Name
24-ERF-3-R-XXXX

Page 13 of 23 ends

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to HCD, in addition to any data reported through local Homeless Management Information System, as required by HCD for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.

Grantees shall comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d).
3) HCD usage of Reports
Pursuant to HSC Section 50254(b)(4), HCD may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.

4) Failure to Report

If the Grantee fails to provide any such report, HCD may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.

B. Evaluation

1) At HCD’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will contract a third party to complete the evaluation.

2) Grantees are expected to be close partners with HCD for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of successes or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with HCD, or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by HCD or its designee.

3) For the purpose of evaluation, HCD or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice.

Grantee Name
24-ERF-3-R-XXXX

Page 14 of 23 ends

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
4) Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.

5) Grantees shall notify HCD and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.

6) All terms and conditions that apply to reporting similarly apply to evaluation.

C. Audi
ting

HCD reserves the right to perform or cause to be performed a financial audit. At HCD request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:

1) The audit shall be performed by an independent certified public accountant.

2) The Grantee shall notify HCD of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor’s working papers.

3) The Grantee is responsible for the completion of audits and all costs of preparing audits.

4) If there are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within 90 days from the date of the audit finding report.

5. Inspection and Retention of Records

A. Record Inspection

HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement.

The Grantee agrees to provide HCD, or its designee, with any relevant information requested within 30 days of a written request.

Grantee Name
24-ERF-3-R-XXXX

Page 15 of 23 ends

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
The Grantee agrees to give HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, HCD guidance or directives, and this Agreement.

B. Record Retention

The Grantee further agrees t o retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement.

I
f any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.

C. Public Records Act

The grantees’ final ERF-
3-R application, this contract, and other documents
related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

6. B
reach and Remedies

A. Breach of Agreement

Breach of this Agreement includes, but is not limited to, the following events:

1) Grantee’s failure to comply with the terms or conditions of this Agreement.

2) Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.

3) Any failure to comply with the deadlines set forth in this Agreement.

B. Remedies for Breach of Agreement

In addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may:

Grantee Name
24-ERF-3-R-XXXX

Page 16 of 23 ends

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
1) C onduct program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings.

2) Bar the Grantee from applying for future ERF funds.

3) Revoke any other existing ERF award(s) to the Grantee.

4) Require the return of any unexpended ERF funds disbursed under this Agreement.

5) Require repayment of ERF funds disbursed and expended under this Agreement.

6) Require the immediate return to HCD of all funds derived from the use of ERF.

7) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements.

C. All remedies available to HCD are cumulative and not exclusive.

D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.

7. W
aivers

No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.

8. N
ondiscrimination

During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law.

Grantee Name
24-ERF-3-R-XXXX

Page 17 of 23 ends

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

9. C
onflict of Interest

All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).

Grantee Name
24-ERF-3-R-XXXX

Page 18 of 23 ends

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX

D. Representatives of a County: A representative of a County serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the County.

10. Dr
ug -Free Workplace Certification

Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

Publish a statement notifying employees and subrecipients that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).

A. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:

1) The dangers of drug abuse in the workplace.

2) Grantee’s policy of maintaining a drug-free workplace.

3) Any available counseling, rehabilitation, and employee assistance program.

4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.

B. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:

1) Will receive a copy of Grantee’s drug-free policy statement, and

2) Will agree to abide by terms of Grantee’s condition of employment or Grantee Name
24-ERF-3-R-XXXX

Page 19 of 23 ends

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
subcontract.

11. C hild Support Compliance Act

For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and

B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

12. S
pecial Conditions – Grantees/Subgrantee

The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions s hall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF. Failure to comply with these conditions may result in termination of this Agreement.

A. The A
greement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:

1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.

2) Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it.

3) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.

Grantee Name
24-ERF-3-R-XXXX

Page 20 of 23 ends

EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
4) Agree to include and enforce all the terms of this Agreement in each subcontract.

13. C ompliance with State and Federal Laws, Rules, Guidelines and Regulations

The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, land use, homelessness, housing element, fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities.

Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCD upon request.

14. I
nspections

A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

B. HCD reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.

15. Litigation

A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of HCD, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.

Grantee Name
24-ERF-3-R-XXXX

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EXHIBIT D

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX
B. The Grantee shall notify HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD.

Grantee Name
24-ERF-3-R-XXXX

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EXHIBIT E

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX

SPECIAL TERMS AND CONDITIONS

1. A ll proceeds from any interest -bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest bearing accounts.

2. Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate ERF-specific funding sources and project codes in HMIS).

3. Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act. For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council or HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.

4. Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD. Grantee will report to HCD on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals.

5. Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.

Grantee Name
24-ERF-3-R-XXXX

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EXHIBIT E

Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 09-20-2024
Prep. Date: XX-XX-XXXX

6. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Per HSC Section 50252.1(d), HCD has authority to:

A. Monitor grantee performance.

B. Require a grantee not meeting goals to accept technical assistance from the Department.

C. Limit the allowable uses of program funds for a grantee that is not meeting goals.

7. G rantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.

8. No n -Bond Funded
The Department represents that the intent of Exhibit D.1.B, Sufficiency of Funds is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in the Encampment Resolution Funding Program, Round 3 Notice of Funding Application dated November 27, 2023, for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D.1.B, Sufficiency of Funds once construction has commenced i n compliance with Program requirements and in accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.

ATTACHMENT D
City/Symba Center
Original Agreement

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&LW\6\PED&HQWHU)LUVW
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Consultant/PSP Agreement/ Symba Center/Project JM23-065/ Wellness Center Wraparound Services/ Amendment One

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AMENDMENT NUMBER: ONE
TO

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND

SYMBA CENTER
FOR

WELLNESS CENTER WRAPAROUND SERVICES
PROJECT NO. JM23-065
THIS AMENDMENT NUMBER ONE (“Amendment”) dated __________________, _____ 2024 for reference purposes only, is made by and between The City of Victorville, a California municipal corporation and charter city, hereinafter referred to as the “City”, and SYMBA CENTER, a California non-profit corporation hereinafter referred to as “Consultant”. City and Consultant are sometimes hereinafter referred to individually as a “ Party” and collectively referred to as the “Parties”.

RECITALS
WHEREAS, the City has a Consultant/Professional Services Provider Agreement with Consultant dated June 6, 2023 under which Consultant currently provides housing navigation, assistance with income stabilization, medical and behavioral health services, recuperative care, substance abuse counseling, case management, job training/placement, assistance with documentation readiness, and other related services to residents/clients of the City’s Wellness Center and those at risk of homelessness in the City (hereinafter the “Original Agreement”); and WHEREAS, the City recently received a Round 3R, Window 2 Encampment Resolution Funding Program grant, Grant #24-ERF-3-R-100025, from the State of California Department of Housing and Community Development for the purposes of resolving the experience of unsheltered homelessness for people residing in encampments and as set forth in the City’s application for such grant (hereinafter the “ERF-3 Program Grant”); and
WHEREAS, the Parties wish to enter into this Amendment Number One to the Original Agreement to carry out the purposes of the ERF-3 Program Grant by: (1) expanding Consultant’s Scope of Services to include additional case management, additional medical staff, an additional housing navigator, additional outreach, and Rapid Rehousing Services; (2) adjusting Consultant’s compensation therefor using a portion of the City’s ERF-3 Program Grant funds; and (3) adding provisions to ensure Consultant’s compliance with the provisions of the ERF-3 Program Grant.

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 hereby agree to amend the Original Agreement as stated below and in the amended Exhibit “A- 1” and in the new Exhibit “B-2”, both of which are attached hereto and are incorporated into and made part of the Original Agreement as specified herein.

AGREEMENT AMENDMENT

1. Recitals. The Recitals set forth above are hereby added to those contained in the Original Agreement.

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2. Section 2 – SCOPE OF SERVICES; TERMS AND CONDITIONS of the Original Agreement is hereby amended in its entirety to read as follows:
a. The Scope of Services to be performed by Consultant involve providing Wraparound Services to Recuperative Care Clients and other residents/clients of the Wellness Center and providing Primary Medical Care Services to Wellness Center clients and those at risk of homelessness in the community (" Services"). The Services further include providing outreach, Rapid-Re-housing, and related additional/enhanced services to unhoused persons residing in encampments pursuant to the ERF-3 Program Grant. The Services to be performed are more specifically described in Section II of the RFP for the Project, attached hereto as Exhibit "A-1" (with references to the RFP attachments removed and as amended by the Parties to reflect the additional/enhanced Consultant services to be provided under the ERF-3 Program Grant), and in Consultant's response to said RFP attached hereto as Exhibit "A-2". The Parties acknowledge and agree that the RFP response in Exhibit “A-2” has been modified and superseded by the Operating Budget and Staffing List as negotiated by the Parties and attached hereto as Exhibit "B-1", as well as any other modifying provisions set forth in the main body of this Agreement. A new Exhibit “B-2” has further been added to provide a separate and distinct budget which applies to the additional/enhanced services to be provided using the ERF-3 Program Grant funding. The Services shall include all items and procedures necessary to properly complete the work Consultant has been engaged to perform, whether specifically included in the attached Exhibits or not. b. Consultant's obligations hereunder shall further include all provisions and terms and conditions set forth in the RFP for the Project (including any City-issued Addenda pertaining thereto). Said RFP is incorporated and made part of this Agreement by this reference. To the extent there are any conflicts between the provisions set forth in the RFP and those contained in this Agreement, including any Exhibits, the provisions in this Agreement shall prevail. The foregoing notwithstanding, if a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, the RFP, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control.
c. A map of the Wellness Center Campus is attached hereto as Exhibit "C". d. Attached Exhibit "A-1"; Exhibit "A-2", Exhibit "B-1", Exhibit “B-2”, and Exhibit "C" are incorporated and made part of this Agreement by this reference. e. Consultant has further agreed to initially provide certain Services to the residents/clients of the City's Interim Shelter and then transition to providing the Services at the Wellness Center as of the date provided in the written notice described in Section 5 hereof.

3. Section 3 – COMPENSATION of the Original Agreement is hereby amended by adding a new Subsection f., which Subsection shall read as follows:
f. Encampment Resolution Funding Program (ERF-3 Program Grant). Consultant shall be entitled to receive from City an additional sum not to exceed ONE MILLION FOUR HUNDRED SEVENTEEN THOUSAND FOUR HUNDRED TWENTY AND 00/100 DOLLARS ($1,417,420.00) for faithful performance of the additional and enhanced Consultant/PSP Agreement/ Symba Center/Project JM23-065/ Wellness Center Wraparound Services/ Amendment One

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services, which are described in underlined and italicized text in the amended Scope of Work attached hereto as Exhibit “A-1”. In order to receive payments, reimbursements, or advances from ERF-3 Program Grant funds, Consultant must comply with the following as well as the provisions of Section 14.d of this Agreement. (1) To receive payments, with the exception of an advancement of funds for Rapid Rehousing services which are detailed in Subsection (2) below, Consultant shall be required to submit to the City detailed monthly invoices which include, 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. No expense reimbursements, including 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-1"; (ii) appear on Consultant's monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the ERF-3 Program Grant services described in underlined and italicized text in the amended Scope of Work, attached hereto as Exhibit “A-1”. In addition, any reimbursements shall be made in accordance with any City policy governing same. Provided that services have been satisfactorily rendered and that invoices submitted include the required detail, the City shall make payment approximately forty-five (45) working days following receipt of Consultant's invoice.
(2) Effective __________________________, the City has the discretion to provide an advance payment of $300,000.00 to Consultant to facilitate the immediate initiation of Rapid Rehousing services. With respect to such advance, Consultant shall submit to City every thirty (30) days for review and approval, detailed invoices containing the information described in Subsection (1) to support the expenditures made.

Should the ERF-3 Program Grant funded Rapid Rehousing services not meet the agreed-upon standards in the RRH Program Operations Manual required by Exhibit “A-1”, not meet the ERF-3 Program Grant requirements, and/or be determined by the City or HCD to constitute expenses which are disallowed by said programs, the City reserves the right to deduct any unearned portion of the advance from future payments due Consultant and to demand repayment from Consultant for any unspent funds or disallowed expenses.

4. Section 14 - STATE AND FEDERAL GRANT REQUIREMENTS of the Original Agreement is hereby amended by revising and replacing Subsection d. and adding a new Subsection e, which Subsections d. and e. shall read as follows:
d. ERF-3 Program Grant Requirements. Consultant and its employees/personnel shall comply with all applicable provisions of the Encampment Resolution Funding Program, including without limitation the provisions of Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code and the terms and conditions of the City’s ERF-3 Program Grant agreement with the California Department of Housing and Community Development (HCD), Grant #24-ERF-3-R-100025, and shall further require its Subcontractors to likewise comply. Pending execution by the HCD and the City of said grant agreement, the City is providing the ERF Round 3 Standard Agreement Boilerplate accessible at this link to Consultant for reference and such agreement shall be incorporated and made part of this Agreement by this reference. Upon full execution of the final aforementioned grant agreement, Consultant/PSP Agreement/ Symba Center/Project JM23-065/ Wellness Center Wraparound Services/ Amendment One

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City shall provide a copy to Consultant and such agreement shall be incorporated and made part of this Agreement in lieu of the Standard Agreement Boilerplate.

e. Other/Future Grant Fund Compliance Requirements. Consultant agrees to comply with all requirements applicable to the City's grant funding sources identified in the Project RFP (including federal record-keeping, reporting, and other requirements set forth in 24 CFR Part 570, 24 CFR Part 578, and 2 CFR Part 200), as well as any additional requirements that may apply should the services being provided under this Agreement be funded by additional federal or state grants or sources of funding not specified herein. The City shall provide all necessary City grant documentation to Consultant to facilitate compliance.

5. This Amendment is valid and enforceable only if sufficient funds are made available to the City by the State of California to fund the ERF-3 Program Grant. If the ERF-3 Program Grant funding is not appropriated by the Legislature, or the ERF Grant Program is reduced, terminated or cancelled, the City may immediately cancel this Amendment by giving written notice to Consultant, in which case any funding advanced must be repaid by Consultant to the City.

6. Except as specifically amended by this Amendment Number One, all the terms and conditions of the Original Agreement remain in full force and effect.

7. For the avoidance of doubt, Exhibit “A-1” attached to this Amendment Number One shall replace and supersede the Exhibit “A-1” initially attached to the Original Agreement; Exhibt “B” which was initially attached to the Original Agreement is now re-designated as Exhibit “B-1”; and Exhibit “B-2” attached to this Amendment Number One shall constitute a new and additional exhibit to the Original Agreement.

8. This Amendment Number One shall become effective on the date when it has been fully executed by the Parties, with City being the Party signing last in time.

[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF , the Parties hereto have caused this Amendment Number One to the Original Agreement to be executed as of the dates following their respective signatures below.

CITY OF VICTORVILLE SYMBA CENTER

By:______________________________ By:__________________________ Elizabth Becerra, Dr. Shawn Smith,
Mayor Executive Director

Dated: ___________________________ Dated: _______________________

ATTEST

By: ______________________________
Jennifer Thompson,
City Clerk

THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM

By: ________________________________ By: ______________________________ Sandra Bostick, Risk Manager Andre de Bortnowsky, City Attorney

P:\APPS\WPDATA\VVCA\0001-45 AGREEMENTS REVIEW & TEMPLATES\WELLNESS CENTER OPERATOR\863.6-AMNDMENT ONE SYMBA CENTER 11.05.24 WL DRAFT TLT REV CLN VER 11.07.24.DOCX

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EXHIBIT "A-1"
1st Amended SCOPE OF SERVICES
[INSERTED BEHIND THIS PAGE]

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A. Scope of Services General Description
***As amended to account for ERF-3 Program Grant funding provided to Consultant by the City in November of 2024. Additional and enhanced services to be provided with this funding are indicated in underlined italicized text below***

The City is seeking a Wellness Center Wraparound Services (WCWS Provider) to provide a comprehensive program of support services and work in conjunction with the City, the Shelter Operator (SO), and the City's Outreach Team (OT), to ensure continuity of care for up to 170 clients residing at the Wellness Center, as well as community members seeking services at the Wellness Center. The program shall not be faith-based, but shall provide safe shelter, basic needs, outreach services, Rapid Re-Housing Services , and navigation services to move clients out of homelessness and into permanent housing opportunities, and to help community members at risk of becoming homeless. The program would provide practices of integrative health care. The program should be trauma-informed and evidence-based. The WCWS Provider would be required to: (1) certify that its staff and/or trainees providing the services designated are adequately trained and prepared (and licensed, where applicable) according to the prevailing professional standards to provide such services; and (2) certify that it shall provide reasonable and adequate supervision of its staff and/or trainees providing the services.

The City also envisions that Wellness Center clients will be provided ample opportunities and support to be successful in permanent housing. It is important to the City that a significant number of clients exit to permanent housing successfully.

The WCWS Provider required services shall include, but not be limited to, those listed in the following table:

B. Wellness Center Wraparound Services (WCWS) Table

Table 1. Wraparound Services for Wellness Center
Service
Type
Description

1 Medical
Health
Services
On-site medical clinic that will provide care to clients and the community; medical screenings and minor medical treatments not requiring hospitalization; coordinate treatment options with local off-site medical providers as needed; documenting contacts wi th individuals; maintaining confidential medical records; reporting serious medical conditions to case managers and SO as appropriate.

Street medicine that will provide care to clients and the community; medical screenings and minor medical treatments not requiring hospitalization; coordinate treatment options with local off-site medical providers as needed; documenting contacts with individuals; maintaining confidential medical records; reporting serious medical conditions to case managers and SO as appropriate.

A WCWS Provider is needed to provide medical clinic services at the Wellness Center. The WCWS Provider will conduct routine medical examinations, treatment, chronic disease management activities, laboratory diagnostics, follow-up dispensing of medications to treat ailments, and referrals to specialty care. Clients identified as a result of testing or exams to need a higher level of medical care will be linked to specialty services. Health education materials, including information on chronic diseases, exercise, HIV, and STD prevention and treatment will also be provided. The health care services are targeted towards all occupants of the Wellness Center and the at-risk community at large who experience barriers to accessing health care or may lack any health care Consultant/PSP Agreement/ Symba Center/Project JM23-065/ Wellness Center Wraparound Services/ Amendment One

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provider.
2 Behavioral
Health
Services
Provide, partner, or subcontract for on-site mental health services for screenings, including alcohol and substance abuse; licensed rehabilitation counselors for counseling and to coordinate offsite treatment as needed; document all contacts with individuals; maintain confidential health records and report potential dangers to Case Managers and Shelter Operator as appropriate.

Examples of additional services that should be provided include:

x Mental health services for adults, youth, and/or families x One-on-one counseling sessions for incoming, current, and aftercare program participants
x Family counseling for incoming, current, and aftercare program participants
x Peer groups for incoming, current, and aftercare program participants
x Psychiatric care for incoming, current, and aftercare program participants
x Therapy for incoming, current, and aftercare program
participants
x Medication Management for incoming, current, and aftercare program participants

3 Transportation
Assistance

Staff/volunteers may shall transport a resident to necessary appointments as they relate to Wellness.
4 Veterans
Services

Refer/connect clients to services such as housing, food, medical services, job training and insurance, specifically veterans of the U.S. Armed Forces. 5 Job
Readiness &
Placement
Programs

On/off-site preparation to include soft skills, technical skills; provide workshops for job searching and interviewing best practices and refer to employers and equip individuals to reenter the workforce.

6 Financial
Literacy

Class instruction on personal budgeting, setting up bill pay, money management, planning goals, career preparation, spending and credit.

7 Recuperative
Care
Provide recuperative care and transitional housing services to homeless adults discharged from hospitals. Recuperative care will be provided at the Wellness Center only. The WCWS Provider must be able to provide short term care and case management to individuals recovering from an acute medical/mental health illness or injury that does not necessitate hospitalization, but whose illness would be exacerbated by their living condition (i .e., unsuitable, or uninhabitable). The WCWS Provider will assist with housing stabilization, provide appropriate accommodations upon admission, promote proper hygiene with direct access to showers and laundry facilities, secure storage for personal belongings and medications (refrigerated storage for medications must be available), and provide meals. The WCWS Provider will also create a process to capture individuals on the street using a backdoor approach to providing care to individuals in need of recuperative care solutions.

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Provider must provide and maintain any and all licenses and permits required by the City, County, State, and Federal government, as well as comply with any other legal and regulatory requirements imposed by applicable law. The WCWS Provider must provide and maintain all applicable insurance policies and requirements as set forth in the Terms and Conditions Section III of this RFP and in the Draft Sample Agreement in ATTACHMENT D.

Scope of Care: The scope of care and services provided in any initial recuperative care programs should include:
x Clinical care for injuries/wounds, infectious and communicable diseases, chronic conditions, musculoskeletal conditions, and post- surgical/childbirth support.
x Support from and referral to behavioral health and drug/alcohol services, as mental health and substance use issues are frequently co-occurring conditions for those experiencing homelessness. x Case management and care coordination to help clients overcome barriers to completing prescribed care and to connect to primary care providers for long-term support.
x A trauma-informed, low barrier approach to services. Meeting clients “where they are” and addressing how to eliminate or mitigate barriers to participation is needed in order to meet the objectives of improving the health and housing outcomes of the individuals served in medical respite care, with concurrent reductions in the utilization of both emergency and in-patient hospital care.

8 Case
Management
Providers are required to have case management available to participants on site. All participants must be offered case management and must be engaged on an ongoing basis to encourage participation. Provider should recognize that it may take multiple contacts before a participant is ready to engage. Provider must ensure case management services are participant-centered to individual needs.

Programs must provide space for the provision of case management that works to create as much privacy and confidential ity as possible. Some case management tasks may include conducting intake/assessment of individuals upon entry and coordinate ongoing licensed drug/alcohol counseling, medical/behavioral health appointments, job training and employment activities and Veter an’s services. File incident reports and follow up services through placement.

Provide Case Management to outreach clients living in encampments in city- specified areas. All participants must be offered case management and must be engaged on an ongoing basis to encourage participation. Provider should recognize that it may take multiple contacts before a participant is ready to engage. Provider must ensure case management services are participant- centered to individual needs. Programs must provide space for the provision of case management that works to create as much privacy and confidentiality as possible. Some case management tasks may include, but is not limited to, conducting intake/assessment of individuals upon entry and coordinate ongoing licensed drug/alcohol counseling, medi cal/behavioral health appointments, job training and employment activities, check-ins, mentoring, and Veteran’s services.

File incident reports and follow up services through placement.

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9 Housing
Navigation
Provide initial housing assessment and subsequent housing navigation services.

Work closely with Housing Authority of the County (HACSB) and local homeless housing providers to identify and place suitable clients into permanent supportive housing as quickly as possible. H ousing navigators may also be required to seek/solicit additional housing resources.

An ERF Housing Navigator will play a key role in connecting individuals and families experiencing housing instability with appropriate housing resources. This position requires proactive engagement with landlords to facilitate housing placements and maintain positive relationships that support long-term housing stability.

Housing Navigation:

x Conduct assessments to identify clients’ housing needs and preferences. x Provide clients with information about available housing options, including eligibility requirements and application processes.
x Assist clients in completing housing applications and required documentation.
x Support clients through the housing search process, including property visits and negotiations.

Landlord Engagement:

x Develop and maintain relationships with local landlords and property management companies.
x Educate landlords about housing programs and incentives to encourage participation.
x Act as a liaison between landlords and clients to address concerns and facilitate effective communication.
x Organize landlord outreach events and workshops to promote housing programs and foster partnerships.

Case Management:

x Monitor client progress in securing housing and provide ongoing support as needed.
x Collaborate with social service agencies and community organizations to connect clients with additional resources (e.g., financial assistance, employment services).
x Maintain accurate records of client interactions, housing placements, and outcomes.
x Mitigate any housing issues as they arise to avoid evictions at all cost.

Program Development:

x Contribute to the development of strategies to improve housing access for clients.

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x Provide feedback on program effectiveness and suggest improvements based on client and landlord experiences.

10 Substance
Use Disorder
Counseling
Subcontract or design a program of treatment and rehabilitation tailored to a client’s needs related to drug or alcohol dependency. Provides individual counseling, group sessions and track client’s progress. 11 Legal Subcontract, partner, or provide lega l assistance to address barriers to housing and stabilization.

12 Intake
Coordinator
The Provider will work collaboratively with the City, SO, and OT to utilize the Coordinated Entry System (CES) to process referrals and include an intake procedure for individuals who enter outside the normal coordinated entry system (i.e. “in-person” referral).
13 Rapid
Rehousing
(RRH)
Services
Rental subsidies, security deposits, landlord incentives, house search, case management, and facilitating access to services.

A RRH Program Operations Manual is to be prepared by Provider and submitted to the City for approval within thirty (30) days of _____________ and must be approved by the City BEFORE Provider can expend any ERF-3 Program Grant funds on RRH Services

C. Service Expectations

The WCWS Provider shall develop and maintain a Wellness Center Operating Plan that defines and incorporates best practices in service delivery to all populations and in support of shelter operations. Said Operating Plan, which is subject to review and approval by the City, will include the following approaches:

1. Housing-Focused. The program will use a Housing First, low barrier approach focused on ending homelessness for everyone as quickly as possible.

2. Client-Focused. The WCWS Provider and sub-contractors will drive solutions and programs that focus on meeting Client needs. The WCWS Provider will use assessment tools to ensure Clients have appropriate levels of care.

3. Trauma-Informed. The program will provide a strengths-based framework grounded in an understanding of and responsiveness to the impact of trauma. Such program emphasizes physical, psychological, and emotional safety for everyone, and creates opportunities for survivors to rebuild a sense of control and empowerment.

4. Evidence-based. Program to use the best available evidence for decision-making and providing efficient and effective care.

5. Training-focused. Provider(s) must establish a policy and procedure for onboarding new staff, including documentation of all trainings, and ensure regular updates to the annualized training completed by staff. Providers must complete mandatory staff trainings regarding safety, compliance and quality services provisions to best address the complex needs of the homeless populations served.

6. Stakeholder-Informed. Decisions about design, implementation, and review of results will be carried out with collaboration and input from a broad range of community stakeholders that form the Homelessness Solutions Task Force.

7. Respectful, Safe, Clean & Welcoming. Services shall be delivered in a respectful, safe, clean, and welcoming manner that incorporates broadly accepted best practices and facilitates client success.

8. Non-Discriminatory. Provider must have a non-discrimination policy in compliance with all federal and state laws. Non-discrimination policy must ensure that Provider’s programs and services do not discriminate based on the grounds of race, creed, color, sex, gender, gender identity, gender expression, sexual orientation, religion, ancestry, age, disability (including physical and mental disabilities), medical condition, genetic information, marital status, familial status, political affiliation, national origin, source of income, citizenship, primary language, immigration status, arbitrary characteristics as protected by the Unruh Civil Rights Act, and all other classes of individuals protected Consultant/PSP Agreement/ Symba Center/Project JM23-065/ Wellness Center Wraparound Services/ Amendment One

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from discrimination under federal or state fair housing laws (e.g., Title VIII of the Civil Rights Act of 1968 (Fair Housing Act)), individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes.

9. Language Accessible. Providers must have a Language Access Plan and accompanying guidance to ensure that participants with limited English proficiency can receive services in their desired language. Provider must provide training for all shelter staff on how to support limited English proficiency services.

10. Data-Driven. Data will be used to best serve each Client, assess the outcomes of programs, evaluate impact, inform changes, and guide investment to achieve maximum impact. The Operating Plan will include clear participation and integration with Homeless Management Information System (HMIS), Coordinated Entry System (CES) and the City’s Homelessness Solutions Coordinator.

11. Accountable & Measurable. The Provider will be held accountable for results, using data to track goals and performance measures for each component and to ensure each Client is being well-served.

12. Client Feedback. Providers must establish a participant feedback policy and develop a feedback process that provides for ongoing opportunities for participants to voice opinions and provide feedback confidentially to the person in charge of the program Methods for receiving participant feedback can include exit interviews, surveys, focus groups and program meetings.

13. Innovative. The WCWS Provider will continuously evaluate opportunities to adapt practices to innovate new strategies to increase positive outcomes.

14. Reimbursement. The selected WCWS Provider will be required to work with Medi-Cal, Medicare, Molina Health Plan, Inland Empire Health Plan (IEHP), and/or other entities to obtain reimbursements for all qualifying services rendered at the Wellness Center by the WCWS Provider. These reimbursements will be utilized to offset the operational cost to the City.

D. Service and Outcome Objectives
The performance outcomes for the Wellness Center will be measured by criteria depicted, but not limited to, the objectives below. Additionally, the Respondent and all partner organizations will be responsible for complying with standards for Homeless Assistance, Homeless Management Information System (HMIS), CES, and all objectives/outcomes described in any grants being used to fund the Wellness Center Wraparound Services. All Wellness Center activities will be documented in monthly, quarterly and year-end reports in a format determined by the City. Respondent staff will work closely with the City on programming and providing all the necessary documentation for invoicing and accounting.

1. Service Objectives. Service objectives for each program shall describe expectations around the quantity and quality of services provided; including but not limited to:
x Number of unduplicated individuals to be served in the reporting period. x Number of services provided by service type.
x Timeliness or frequency of service provision.
x Quality of services

2. Outcome Objectives. Outcome objectives for each program shall measure the change in the Clients, community, or system because of the programs; including but not limited to:
x Reduction in the length of time an individual remains homeless. x Reduction in the rate of returns to homelessness.
x Improvements to an individual well-being and self-sufficiency. x Exit to permanent housing (subsidized or unsubsidized) during the year; and/or x Client satisfaction with services, treatment, meals, and adherence to shelter standards of care.

E. Professional Practices
All professional services provided by the WCWS Provider under agreement with the City shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence, and skill ordinarily exercised by professional contractors in similar fields and circumstances in accordance with sound professional practices. WCWS Provider must warrant that it is familiar with all laws that may affect its performance of services and shall advise City of any changes in any laws that may affect its performance under its agreement with the City. WCWS Provider shall present to City the experience and/or qualifications of personnel prior to hiring.

Consultant/PSP Agreement/ Symba Center/Project JM23-065/ Wellness Center Wraparound Services/ Amendment One

Page 13 of 15 ends

F. Service Delivery Monitoring
The City Manager or his or her designee shall have the right to access all facilities and activities operated by WCWS Provider. “Facilities” includes all files, records, and other documents related to the performance of this Agreement, such as items covered under the HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA). “Activities” includes attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of operations and ongoing program functions. Provider shall permit on-site inspection of the premises by City upon request of City. Upon request of City, the WCWS Provider and its employees and board members shall furnish such information as, in the judgment of City, may be relevant to the question of compliance with contractual conditions or the effectiveness, legality, and/or success of Provider’s services.

G. Reporting
WCWS Provider shall provide reports to City regarding program monitoring and outcomes, in a format to be determined by City. It is the goal of the City to have the WCWS Provider, the SO, the OT, and their subcontractors, if any, using the same or compatible software.

H. Community Service Partners
WCWS Provider shall engage community service partners, including but not limited to, mental health partners and domestic violence partners, on their own behalf or at the request of City. All community service partners shall be approved by the City Manager or his or her designee prior to performing services for sheltered clients and those at risk of homelessness.

I. Performance to Satisfaction of City
WCWS Provider agrees to perform all services to the complete satisfaction of the City. Periodic evaluations of the services will be conducted by the City Manager or his or her designee. At any time, the City has the discretion to assess and ensure the quality of services. The City in its sole discretion has the right to:
(a) Meet with Provider to review the quality of the services and resolve matters of concern; and/or (b) Require Provider to replace or provide alternative on-site project management staff or subcontractors should significant performance issues arise; and/or
(c) Terminate Provider’s contract/agreement.

J. Reports
The Wellness Center Wraparound Services (WCWS) shall submit reports monthly to the City and, if requested by City, directly to the County. Data and due dates for the monthly reports will be items mutually agreed upon with the City, County, and data collected through HMIS.

K. Health Insurance Provider Agreements
WCWS Provider must be willing to enter into participating health insurance provider agreements (such as the Sample agreement in ATTACHMENT B of this RFP) and participate in the CalAIM program.

L. Additional Services
The WCWS Provider may also be required to provide certain components of the proposed Wraparound Services to occupants of the Interim Shelter in the event the planned opening of the Wellness Center facility is delayed, and/or to facilitate a smooth transition to the new Wellness Center.

Consultant/PSP Agreement/ Symba Center/Project JM23-065/ Wellness Center Wraparound Services/ Amendment One

Page 14 of 15 ends

EXHIBIT "B-2"

ERF-3 Program Grant Budget
[TO BE INSERTED]

Consultant/PSP Agreement/ Symba Center/Project JM23-065/ Wellness Center Wraparound Services/ Amendment One

Page 15 of 15 ends

ATTACHMENT F
City of Victorville ERF-3
Award Letter
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street
Sacramento, CA 95811
(916) 263 -2911 / FAX (916) 263-7453
www.hcd.ca.gov
S
eptember 27, 2024
Edward Amaya
Homelessness Solutions Coordinator
City of Victorville
14343 Civic Drive,
Victorville, California 92392
R
E: ERF Award Announcement – City of Victorville
#24-ERF-3-R-100025 Award Amount: $6,365,069.60
Dear Edward Amaya:

T
his award is under a media and public announcement embargo until publicly released by the California Department of Housing and Community Development (HCD) or otherwise notified by HCD staff.

HCD i
s pleased to announce that the City of Victorville has been awarded an Encampment Resolution Funding award for their application under ERF Round 3R, Window 2 in the amount of $6,365,069.60.

A
wardees will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing.

H
CD intends to issue a Standard Agreement within 90 days of receipt of the documentation required to execute this contract. A program representative will be in communication with you to discuss and confirm any documents needed.

C
ongratulations on your successful application. For further information, please contact Jeannie McKendry at [email protected] or [email protected].

S
incerely,
M
egan Kirkeby
Deputy Director, Housing Policy Development Division

ATTACHMENT G
ERF-3 Budget Summary

Encampment Resolution Fund (ERF) - Round 3 Budget Summary Category Amount Cost Breakdown Provider (s) Description Case Management $ 224,000.00 Provide trauma-informed, client centered case management to advance client housing plans. Case Manage clients in emergency shelter (motel vouchers) and assist with bridge housing.

Case Management Symba Center contract amendment
Homeless Engagement Officers $ 200,000.00 Support our City's Homeless Engagement Team in providing trauma-informed, client centered engagement services and linkage to housing options, alternative options, and
additional services. Educate clients on where to receive services and how to obtain interim housing.

Outreach and Engagement City of Victorville
Provide medical services to outreach clients and link clients to appropriate levels of care.

Provide landlord engagement, house searching, contracts with landlords, and aftercare/landlord mitigation.

Providing bed nights for clients within the encampment
area. This includes all shelter and wraparound services.

Licensed Vocational Nurse (Outreach)
Housing Navigator
$
$
$
$
156,000.00 Street Medicine Symba Center contract amendment Symba Center contract amendment135,000.00 Housing Navigation Wellness Center Operations
Wellness Center Operational Reserves
1,368,000.00 Wellness Center Bed Nights City of Victorville Wellness Center Reserve Bed
1,380,000.00 Nights City of Victorville Operational Reserved for Wellness Center operations.

Emergency Shelter Bed
Nights RFP for services providers.

Motel Vouchers $
$
195,000.00
Rental subsidies, security deposits, landlord incentives, house search, case management, and facilitating access to services.

To assist with permanent housing for individuals within the grant area.

Symba Center Contract Amendment
and RFP for additional provider(s)Rapid Re-Housing Program(s) Subsidies and Permament
Rapid Re-Housing 2,319,840.00
City of Victorville; Desert Haven
Homelessness Solutions (COV)
Permanent Supportive Housing
Administrative Cost
$
$
$
231,984.00 Housing Solutions
155,245.60 Homelessness Solutions
6,365,069.60
Administer the grant

ATTACHMENT H
ERF-3 Encampment
Areas

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Coronado Ave
El Mirage Rd
Auburn Ave
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Logistics
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Hercules St
Willow St
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Juniper St
Walnut St
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Ottawa St
Silica Rd
Jasmine St
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Item Number: 23
City Council / Board of Directors
Written Communications
Meeting of: November 19, 2024
Submitted By:

Keith C. Metzler, City Manager

Subject:

Southwest Region High-Speed Rail Integration Project
Recommendation:

That Your Honorable City Council approve a support letter for the High Desert Corridor (HDC) Southwest Region High-Desert Speed Rail Integration Project (Integration Project) grant request from the Federal Railroad Administration Federal State Partnership program.

Fiscal Impact:

There is no fiscal impact associated with this item.

Strategic Plan Goal:

Goal A - Financial Sustainability.

Background:

At the City Council meeting of July 19, 2022, it was moved by Mayor Jones with the majority approval to adopt Resolution No. 22-030 approving the Joint Powers Agreement creating the High Desert Corridor Joint Powers Agency (JPA) between the County of Los Angeles, Los Angeles County Metropolitan Transportation Authority, City of Adelanto, City of Lancaster, City of Palmdale, and the City of Victorville. The JPA was created to pursue funding and provide for the new planning, design, construction financing, operation, and maintenance of a new freeway/expressway known as the High Desert Corridor (HDC) between the County of Los Angeles in the vicinity of the Cities of Lancaster and Palmdale and the County of San Bernardino in the vicinity of the Cities of Victorville Apple Valley, and Adelanto. The Authority is a project specific JPA formed to develop transportation options between the Antelope Valley (Los Angeles County) and Victor Valley (San Bernardino County), and the HDC received California Environmental Quality Act (CEQA) clearance and determined there would be a multi-modal corridor with a highway and high-speed rail line in the median connecting the counties of Los Angeles 3 8
7 3
and San Bernardino. However, in 2020, partially due to litigation and funding issues, the California Department of Transportation (CalTrans) eliminated the highway portion of the HDC. The high-speed rail line is still being pursued and would link the state high-speed rail station in Palmdale with an anticipated station in Apple Valley. The Apple Valley station would connect to the planned Express West high-speed rail line to Las Vegas pursued by private enterprise Brightline West. Currently, the HDC Rail project is in the federal National Environmental Policy Act (NEPA) environmental process under the direction of the Federal Railroad Administration.

Discussion:

The High Desert Corridor JPA was recently made aware of a grant through the Federal- State Partnership for Intercity Passenger Rail (FSP) Program allowing to further expand funding opportunities. The Integration Project federal grant request is focusing on an advanced conceptual planning and design to coordinate with the California High Speed Rail Authority (CAHSRA) Palmdale Station and Brightline West Victor Valley Station to ensure seamless interoperability between the high-speed rail projects. The Federal Railroad Association grant is an 80/20 grant opportunity, and the total federal FSP grant request is $42M for station integration. This grant is proposed to be matched with Measure M (LA County) and the CA TIRCP (California Transit and Intercity Rail Capital Program). The High Desert Corridor Joint Power Agency is requesting the City of Victorville to submit a letter of support to assist in applying for funding under the Federal State Partnership for Intercity Passenger Rail Program (Attachment A). Staff will remain available for any questions or comments you may have.

Attachments: A. Letter of Support

Item Number: 24
City Council / Board of Directors
Written Communications
Meeting of: November 19, 2024
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Possible cancellation of the December 3, 2024, regular City Council meeting Recommendation:

Any action is at the discretion of Your Honorable City Council.

Fiscal Impact:

There is no fiscal impact associated with this item.

Discussion:

At the City Council meeting of November 5, 2024, it was moved by Mayor Becerra with majority approval to agendize an item for discussion and possible action at the November 19th meeting to cancel the regular City Council meeting of December 3rd being that the agenda for the meeting would be required to go out during the Thanksgiving break. Additionally, it is not expected that the election results will be certified by the Registrar of Voters by then and this meeting would typically be held to certify the election results and seat new members.

Pursuant to Chapter 3, Section III B of the City Council Policy and Procedure Manual, 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. This item is being presented so that Council can further discuss the possibility of cancelling the December 3, 2024 regular City Council meeting. However, any action is at the discretion of Your Honorable City Council.

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

Attachments: None
Item Number: 25
City Council / Board of Directors
Written Communications
Meeting of: November 19, 2024
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Discussion and possible action to create a committee and appoint committee members which would include two Council Members, one executive staff member and Chief Clemmer to further discuss a potential firework policy
Recommendation:

Any action is at the discretion of Your Honorable City Council.

Fiscal Impact:

There is no fiscal impact associated with this item.

Background:

At the City Council meeting of September 17, 2024, it was moved by Mayor Becerra with majority approval to agendize an item for discussion and possible action to create a committee and appoint committee members which would include two Council Members, one executive staff member and Chief Clemmer to further discuss a potential firework policy.

Discussion:

This item is being presented to Council so that Council can further discuss the creation of a committee and appointment of committee members which would include two Council Members, one executive staff member and Chief Clemmer to further discuss a potential firework policy. To further this discussion, Victorville Municipal Code Chapter 13.22 has been attached and is our currently policy guiding our response to fireworks.

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

Attachments: A. Victorville Municipal Code Chapter 13.22

ATTACHMENT A

Item Number: 26
City Council / Board of Directors
Written Communications
Meeting of: November 19, 2024
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Discussion and possible action to place a recurring item on the agenda to decide whether the Council wishes to adjust its compensation
Recommendation:

Any action is at the discretion of Your Honorable City Council.

Fiscal Impact:

There is no fiscal impact associated with this item.

Background:

At the City Council meeting of November 5, 2024, it was moved by Council Member Jones with majority approval to agendize an item for discussion and possible action wherein the council could consider whether to place a recurring item on the agenda every year for Council to decide whether it wishes to adjust its compensation within the confines prescribed in law.

Discussion:

This item is being presented to Council so that Council can further discuss whether to place a recurring item on the agenda every year for the Council to decide whether it wishes to adjust its compensation within the confines prescribed in law. To facilitate the conversation, Ordinance 2451, Senate Bill 629 along with the staff report from the September 17, 2024, City Council meeting has been attached. As it currently stands, the City Council stipend is approved to increase from $1,200 to $1,900 per month in December 2024 after the certification of election results.

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

Attachments: A. Staff report of September 17, 2024, including Ordinance 2451 and Senate Bill 329

ATTACHMENT A
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: September 17, 2024
Submitted By:

Andre de Bortnowsky, City Attorney

Subject:

Introduction of proposed Ordinance No. 2451, amending Sections 2.16.020 and 2.16.030 of Chapter 2.16 of the Victorville Municipal Code, for the purpose of adjusting the salaries of members of the Victorville City Council pursuant to Senate Bill 329 Recommendation:

That the Honorable City Council:
(1) Open and conduct the public hearing;
(2) Introduce Ordinance No. 2451 for adoption and first reading by title only; and (3) Waive further reading in full of proposed Ordinance No. 2451.

Fiscal Impact:

There is no fiscal impact associated with this action at this time. However, when the salary increase becomes effective following the November 2024 election and the seating of new City Council members in December as discussed herein, the monthly salary amount paid to each City Council member will be increased from $1,200.00 to $1,900.00.

Strategic Plan Goal:

This item aligns with Strategic Plan Goal “E” – Organizational Effectiveness and Sustainability
Background:

At the regular City Council meeting on August 20, 2024, it was moved by Council Member Jones and approved by a majority vote of the City Council to agendize an item for discussion and possible action regarding City Council monthly compensation. The motion included a request that the monthly compensation for City of Victorville City Council members be increased consistent with Government Code (GC) Section 36516, as recently amended by Senate Bill (SB) 329.
3 7
9 5
In accordance with existing law (GC Section 36516.5), such increase would become effective after the 2024 general municipal election results are certified and new City Council members serving staggered terms are seated in December of 2024. GC Section 36516 requires that city council salaries be set and/or amended by passage of an ordinance. Proposed Ordinance No. 2451 (Attachment A) has been drafted accordingly and is attached for City Council consideration.

Discussion:

Victorville Municipal Code (VMC) Section 2.16.020 specifies the salary that is received by its City Council members. Said salary is currently $1,200.00 per month. Since being set at $500.00 per month in 1993 based on the City’s then-current population, the City Council’s salary has periodically been increased using the five percent (5%) per calendar year formula in GC Section 36516. This formula was adopted by ordinance and is codified in VMC Section 2.16.030. The last salary increase became effective in December of 2022, after two new City Council members were sworn into office following the November 2022 general election.

Effective January 1, 2024, SB 329 (Attachment B) revised GC Section 36516 to adjust for inflation the population-based maximum monthly salary amounts that city council members may receive, as those amounts had remained static since 1984. In cities with populations of 75,000 to 150,000 (such as Victorville, which has a population of 134,810 according to 2020 census figures) GC Section 36516 now permits council member salaries to be set at an amount up to $1,900.00 per month, provided such salary is set by an ordinance which includes findings demonstrating the need for the increase.

Revised GC Section 36516 also provides the following new formula for calculating future salary increases: “[A]n amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year.” As this new formula is an alternative to the current 5% formula (SB 329 permits the use of either formula, whichever produces the greater amount) the new formula will be set forth in VMC Section 2.16.030, together with the 5% formula. However, neither formula is applicable at this time, as the proposed increase to $1,900.00 is based on the new population maximum salary amounts provided for in SB 329.

Proposed Ordinance No. 2451 amends VMC Sections 2.16.020 and 2.16.030 as discussed above, and the eleventh (11th) Recital on page 2 includes findings demonstrating the need for the increase. As required by GC Section 36516.5, the new salary amount will be effective as of the first City Council member pay period that commences on or after the date new Council members are sworn into office in December following the certification of the November 2024 election results. A blackline comparison showing the proposed changes to the VMC is included as Attachment C.

Staff remains available for any questions or comments you may have. 3 7
9 5
Attachments: A. Ordinance No. 2451
B. Senate Bill (SB) 329
C. Blackline Comparison

ATTACHMENT A

ORDINANCE NO. 2451

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING SECTIONS 2.16.020 AND

2.16.030 OF CHAPTER 2.16 OF THE VICTORVILLE MUNICIPAL CODE (“CITY COUNCIL COMPENSATION”) FOR THE PURPOSE OF

SETTING THE NEW MAXIMUM MONTHLY SALARY FOR

VICTORVILLE CITY COUNCIL MEMBERS BASED UPON CURRENT

POPULATION AND PROVIDING FOR FUTURE ADJUSTMENTS IN
SAID SALARIES PURSUANT TO SENATE BILL 329

WHEREAS, California Government Code Section 36516 (“ Section 36516”) previously authorized a city council to enact an ordinance to provide each member of a city council a salary based upon the population of the city (which amounts were set forth in said Section in 1984) and to further increase said salary by ordinance or by an amendment to an ordinance ; provided, however, that the amount of the increase did not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary; and WHEREAS, Section 36516 further provided that a city’s population for purposes of such salary increases would be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance; and WHEREAS, in accordance with the previous version of Section 36516 and based upon the City of Victorville’s population in 1993 (which was between 50,000 and 75,000) , the City Council of the City of Victorville (the “City Council”) adopted an ordinance which provided for a monthly salary of five hundred dollars ($500) to be paid to members of the City Council and subsequently amended said ordinance to permit the five percent (5%) calendar year increases and further adopted amendments to said ordinance to implement such salary increases; and WHEREAS, California Government Code Section 36516.5 (“Section 36516.5”) prohibits an adjustment in salary during a city council member’s term of office, but permits such adjustment in the salary of all city council members serving staggered terms to take effect when at least one city council member commences a new term; and
WHEREAS, the City Council members serve staggered terms, and the operative date of the last adjustment in City Council salary occurred in December 2022, after certain City Council members commenced a new term, and the adjustment was an increase to an amount equaling One Thousand Two Hundred Dollars ($1,200.00) per month; and WHEREAS, to account for inflation, Section 36516 was amended by Senate Bill (SB) 329 effective January 1, 2024; and
WHEREAS, Section 36516 now provides for: (1) new maximum monthly salary amounts for members of city councils based on city population; and (2) subsequent increases to such population-based salaries, provided such population- based salary amounts and subsequent increases are adopted by an ordinance or an amendment to an ordinance which includes findings demonstrating the need for a salary increase; and
W HEREAS , Subsection (a)(2) (D) of Section 36516 now specifies that i n cities having over 75,000 up to and including 150,000 in population, said monthly maximum city council salary may be set by ordinance in an amount up to and including one thousand nine hundred dollars ($1,900) per month; and
WHEREAS, pursuant to the last preceding federal (2020) census, the population of the City of Victorville (the “City”) was 134,810; and
WHEREAS, the City Council members serve staggered terms and at least three members shall commence a new term in December 2024, following the certification of the November 5, 2024 election results and the swearing in of such new members at a meeting held to be held in December 2024 specifically for that purpose; and
WHEREAS, the City Council finds that the cost of living has increased significantly since the last salary increase, including, but not limited to, such things as the cost of housing, the cost of gasoline and energy, the cost of food and services along with everyday household items, all of which have contributed to inflation rates that have hit 40 year highs and which has led to economic challenges for the City’s residents, including Council m embers and which, in the case of council members, many of whom do not have full time jobs, can be mitigated to a small extent by and increase in City Council monthly compensation; and
WHEREAS, based upon such findings, the City Council finds it necessary and proper to adopt this Ordinance to increase by means of an amendment to Victorville Municipal Code (“VMC”) Section 2.16.020, the amount of salary received by members of the City Council, in accordance with revised Section 36516, which amount shall be One Thousand Nine Hundred Dollars ($1,900.00) per month, such increase to be effective only on or after the date such new City Council members assume office in December following certific ation of the November 2024 general municipal election results; and
WHEREAS, as amended by SB 329, Section 36516 now provides an additional method by which future adjustments to the population-based salary of city council members may be made; and
WHEREAS, the current version of VMC Section 2.16.030 only provides that any increase in salary cannot exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary; and WHEREAS, the City Council further deems it desirable to adopt this Ordinance to amend VMC Section 2.16.030 to include the additional method for making future adjustments to the City Council salary.

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

Section 1. R
ecitals
T he recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Ordinance by this by this reference.

Section 2. Amendment of Sections 2.16.020 and 2.16.030 of Chapter 2.16 (“City Council Compensation”) of the Victorville Municipal Code

SECTIONS 2.16.020 and 2.16.030 OF CHAPTER 2.16 OF THE

VICTORVILLE MUNICIPAL CODE ARE HEREBY AMENDED IN
THEIR ENTIRETY TO READ AS FOLLOWS:

2.16.020 Salaries – Amount.

Each member of the City Council shall receive as salary the sum of One Thousand Nine Hundred dollars ($1,900.00) per month, which shall be payable at the same time and in the same manner as salaries are paid to other officers and employees of the City. Said salary shall become payable only on and after the date upon which one or more members of the City Council become eligible therefor by virtue of beginning a new term of office following the next succeeding general municipal election held in the City following the effective date of the ordinance adopting this Section.

2.16.030 Salaries - Increase.

The salary payable to each member of the City Council as set forth in Section 2.16.020 may from time to time be increased by ordinance or by an amendment to an ordinance of the City Council; provide d, however, that any increase cannot exceed the greater of either : (i) an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted ; or (ii) an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index which amount shall not exceed ten percent (10%) per each calendar year ; provided, further, that the salary as so increased shall only become payable effective as of the date specified in the second sentence of Section 2.16.020.

Ordinances amending salaries shall include findings demonstrating the need for the increase and shall be adopted as set forth in Government Code Section 36516(g).

Section 3. Repeal of Conflicting Provisions
All the provisions of the Victorville Municipal Code as heretofore adopted by the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed.

Section 4. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentence, clause, phrase, or portion of this ordinance. The City Council hereby declared that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 5. E ffective Date
T his Ordinance shall take effect thirty days (30) days after its final passage by the City Council; however, the effective date of the increased salary amount will be determined in accordance with Section 2.16.020 of the Victorville Municipal Code, but shall in no event occur prior to the first Council Member pay period which commences on or after the date the new Council Members are sworn into office in December of 2024.

Section 6. Cert ification
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 in the manner required by law.

ATTACHMENT B
SENATE BILL (SB) 329
Senate Bill No. 329
CHAPTER 27
An act to amend Section 36516 of the Government Code, relating to local government. [ Approved by Governor June 29, 2023. Filed with Secretary of State June 29, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 3
29, Dodd. Cities: city council members: compensation.

Existing law authorizes a city council to enact an ordinance to provide each member of the city council a salary based upon the population of the city, as specified. Existing law authorizes that amount to be increased by the city council by an amount that does not exceed 5% for each calendar year from the operative date of the last adjustment of the salary that is in effect when the increase is enacted. Existing law provides for the procedures by which a city may enact ordinances.

This bill would increase the maximum amount of salary, based upon the population of the city, that may be approved by an ordinance passed by the city council, as specified. The bill would authorize the salary of council members to be increased beyond the specified maximums to an amount not exceeding the greater of either 5% for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted, or an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year. The bill would require the city council to consider the adoption of an ordinance to increase council member compensation in open session during at least 2 regular meetings of the city council.

DIGEST KEY
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:

SECTION 1.

The Legislature finds and declares all of the following:
(a) The compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation. (b) Allowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to hel p ensure that they can continue to serve the public and support their families.

SEC. 2.

Section 36516 of the Government Code is amended to read:
36516.
(a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month.
(C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. (B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary. (b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner. (c) Unless specifically authorized by another statute, a city council may not enact an ordinanc e
p
roviding for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees. (e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.
(f) A city council member may waive any or all of the compensation permitted by this section. (g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council. (2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting.
(3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.

Item Number: 27
City Council / Board of Directors
Written Communications
Meeting of: November 19, 2024
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Discussion and possible action to remove Michael Krause from the Measure P Oversight Committee
Recommendation:

Any action is at the discretion of Your Honorable City Council.

Fiscal Impact:

There is no fiscal impact associated with this item.

Background:

At the City Council meeting of November 5, 2024, it was moved by Council Member Jones with majority approval to agendize an item for discussion and possible action to remove Michael Krause from the Measure P Oversight Committee as he no longer holds a position in education.

Discussion:

This item is being presented to Council so that Council can further discuss the removal Michael Krause from the Measure P Oversight Committee as he no longer holds a position in education.

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

Attachments: None

Victorville City CouncilNovember 19, 2024

Victorville City Council
November 19, 2024