Project Information
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Do not alter application format and font size 10
Application Narrative
1. Project Description (10 points) - Do not exceed the space provided (5 sentences maximum) Briefly summarize project in a clear and concise manner, including why the project is necessary, major deliverables, parties involved, and any connections to relevant local, regional, and/or State planning efforts.
FY 2025-26 PART H. APPLICATION NARRATIVE
City of Victorville
City of Victorville: Circulation and Climate Resilience 2024 The project will be applicable to the entirety of the City of Victorville's jurisdiction.
November 2025 - May 2027 (18 months)
The City of Victorville seeks funding to perform updates to the Circulation and Resource Elements (including Open Space) of its 2045 General Plan. These updates aim to enhance sustainable transportation and equitable access to recreational spaces, adhering to mandated policies such as Complete Streets and traffic calming (AB 932), revised truck routes (AB 98), and equitable access to open space (SB 1425). As outlined by policies within the Southern California Association of Governments’ 2024-2050 Regional Transportation Plan, the project will: promote safer, more efficient mobility for all community members including the most vulnerable road-users; create high-quality interconnected open spaces while prioritizing the climate mitigation, adaption, resilience, and economic benefits of these lands; aid in the reduction of greenhouse gas emissions and air pollutants while promoting clean transportation technologies; and support the City’s goal of fostering community well-being and prioritizing programming that serves the most disadvantaged areas of the City. Public outreach will involve workshops and informational sessions focused on the city’s under-resourced areas to ensure robust community engagement throughout the process, resulting in a compliant and comprehensive 2045 Victorville General Plan that aligns with the State and federal mandated initiatives of the Caltrans Sustainable Transportation Planning Grant Program and results in a more resilient Victorville.
Sustainable Transportation Planning Grant Program
SUSTAINABLE COMMUNITIES - GRANT APPLICATION
NARRATIVE
2A. Project Justification (15 points) - Do not exceed the space provided • Describe the problems or deficiencies the project is attempting to address, as well as how the project will address the identified problems or deficiencies • Describe the ramifications and impact of not funding this project • Clearly define the existing issues surrounding the project (e.g., transportation issues, inadequate transit services, impacts of heavy trucking on local streets, air pollution, etc.) • Competitive applications support the need for the project with empirical data • Describe how this project addresses issues raised
• Define the public benefit
• Explain how the public was involved with identifying issues In accordance with state mandates requiring updates to the Circulation and Open Space Elements of a General Plan, the City of Victorville is seeking funding to perform comprehensive updates to both of these plans. Aside from minor revisions over the years, neither the Circulation Element nor the Resource Element (which contains Victorville's Open Space Element and Conservation Element) have undergone significant updates since their original adoption in 2008 as part of the City of Victorville's 2030 General Plan.
Consequently, the current outdated Circulation and Resource Elements of the Victorville General Plan result in inefficient transportation networks that fail to comply with the Federal Highway Administration's Safe System Approach, inadequate transit services, limited opportunities for non-motorized transportation modalities, and disconnected recreational spaces that lack considerations for social, economic, or racial equity. These deficiencies contribute to safety concerns, increased traffic congestion, higher greenhouse gas emissions, and unequal distribution of open space areas throughout the community. Without funding for these essential General Plan updates, these issues will only worsen over time, negatively impacting the community's quality of life and sustainability which are in direct conflict with the goals of the Caltrans 2024-2028 Strategic Plan goals.
Specific issues and proposed means of addressing them have been identified below:
-The current Circulation Element does not include a state mandated Complete Streets policy. The Circulation Element must be revised to include Complete Streets policies and objectives that include safe and accessible infrastructure and transportation options, multimodal connectivity, prioritized improvements in underinvested areas of the City, greenhouse gas emission reductions and a focus on climate resiliency, and an emphasis on community engagement. The creation and implementation of Complete Streets policies will result in future development in Victorville that will provide for the needs of travelers of all ages and abilities, assisting with the achievement of goals outlined in the California Transportation Plan 2050.
-The City of Victorville has recently seen an uptick in warehouse and other logistics related developments, with over 4 million square feet of warehouse development approved with the last four years.
Consequently, these development types have resulted in more truck traffic on the existing roadways.
Projects are being approved in compliance with the current outdated Circulation Element, which includes truck routes that do not meet the objectives of the recently adopted Assembly Bill 98. In conformance with AB 98 and Strategy HC-2-b of the California Freight Mobility Plan, the Circulation Element must be updated to establish revised truck routes to avoid residential neighborhoods, alleviate
Sustainable Transportation Planning Grant Program
SUSTAINABLE COMMUNITIES - GRANT APPLICATION
NARRATIVE
2A. Project Justification (continued)
local street impacts and implement safety measures to reduce intermodal conflicts on roadways, minimize pollution, and emphasize cleaner trucks.
-Though the City has an adopted non-motorized transportation plan and objectives within the existing Circulation Element that speak to expanding public transit in conjunction with the City's population growth, the community as a whole generally relies on the utilization of personal vehicles. This results in higher Vehicle Miles Traveled (VMT) leading to more greenhouse gas emissions and climate impacts as well as roadway congestion leading to more fatalities and series injuries. In accordance with Caltrans' Traffic Calming Guidance, the SCAG 2024-2050 Regional Transportation Plan, and the Strategic Highway Safety Plan, the Circulation Element must be updated to address current policies and guidance related to non-motorized transportation and other mobility options, traffic calming policies and objectives, and the inclusion of a VMT policy (the City has adopted a VMT policy, however it is not incorporated into the Circulation Element).
-The current Resource Element of the General Plan that includes the Open Space and Conservation Elements fails to comply with SB 1425. The Resource Element must be updated to address climate resilience, more opportunities to preserve, enhance, and expand an integrated network of open spaces, and prioritize access to open space areas that consider social, economic, and racial equity. Improving recreational opportunities for all through a more evenly distributed and highly interconnected open space areas will result in enhanced community health and well-being and improved air quality, ultimately contributing to a more vibrant and resilient Victorville.
The needed updates to both the Circulation and Resource Elements of the General Plan will use data on current traffic patterns, transit usage, and community health indicators to demonstrate the need for updates. For instance, studies showing high levels of vehicle emissions and low public transit usage will support the need for improved infrastructure, while data from the CalEnviroScreen Version 4.0 will illustrate where the most need for community outreach and improvements should take place.
Through social media posts and public comment at Planning Commission and City Council hearings, the residents of Victorville have previously voiced concerns about street safety, air pollution, health impacts to residential neighborhoods on nearby developments, along with a lack of access to more recreational spaces within the community. With the help of funding awarded through this grant opportunity, the City intends to address these issues through a comprehensive update to the Circulation and Resource Elements of the Victorville General Plan. Public outreach will continue to be sought through workshops and informational sessions focused on the City’s under-resourced areas to ensure that everyone's voice is heard in the drafting, completion, and implementation of this project. Residents' input is crucial in shaping the updates to ensure they reflect the community's needs and desires.
Sustainable Transportation Planning Grant Program
SUSTAINABLE COMMUNITIES - GRANT APPLICATION
NARRATIVE
2B. Under-Resourced Communities Justification (5 points) - Do not exceed the space provided • Explain h
ow the project area or portions of the project area are defined as an under-resourced community, including Native American Tribal Governments and rural communities • Explain h
ow the proposed project addresses the needs of the under-resourced community • Describe h
ow under-resourced communities will benefit from the proposed planning project • Cite d
ata sources, the Grant Application Guide Appendix A tools used to define under- resourced communities
, and include a comparison to the statewide thresholds that are established
in each tool
2C. Under-Resourced Communities Engagement (5 points) - Do not exceed the space provided • See Grant Application Guide, Appendix A, for community engagement best practices • Describe h
ow the proposed effort would engage under-resourced communities, including Native American T ribal Governments and rural communities. Include specific outreach methods for involving under-resourced communities
• Describe how
under-resourced communities will continue to be engaged during the next phases a
fter the proposed planning project is complete, including project implementation.
The project area is defined as an under-resourced community using several criteria from the Grant Application Guide Appendix A tools.
Specifically, by utilizing data from recent US Census reports, Victorville as a whole saw median income levels between 2019 and 2023 that were 73% of the statewide median income, thereby qualifying as a low-income community as defined by AB 1550. Additionally, with an average of 81% of K-12 students in Victorville qualifying for free or reduced priced meals under the National School Lunch Program, the City would be considered a disadvantaged community persuant to the definition provided within SB 99. Finally, in accordance with the data provided within the California Healthy Places Index (HPI), Victorville's HPI score is 16.3, which is less than the 25 percentile score therefore demonstrating that the City is a disadvantaged community.
With a focus on community equity, sustainability, health, and public safety, the proposed General Plan update would seek to improve the more under-resourced or vulnerable areas of the community.
By utilizing data and tools such as the CalEnviroScreen 4.0 and California Healthy Places Index to identify the less-advantaged areas of the City that would most positively benefit from the proposed General Plan update project, community outreach efforts will be made to specifically seek input from those residents.
Understanding that residents of these areas, and Victorville as a whole, may not have the means to participate solely in a typical pubic hearing due to transportation issues, language barriers, and work scheduling, expanded outreach efforts would be made to specifically seek the input from the most disadvantaged community members.
Public workshops and informational sessions would take place within these community areas during hours that would garner more participation, and with translation services available as needed. Additionally, opportunities for online surveys that can be completed at the resident's convenience will be available during project scoping, drafting, implementation, and beyond to ensure that the opportunity for public engagement continues to take place.
Sustainable Transportation Planning Grant Program
SUSTAINABLE COMMUNITIES - GRANT APPLICATION
NARRATIVE
3. Grant Specific Objectives (Total 35 points)
Integrate t
he following Grant Program Considerations (Grant Application Guide, Chapter 1.2) in the responses for 3
A-G below, as applicable:
• Caltrans Strategic Plan
• California Transportation Plan (CTP)
• Modal Plans t
hat Support the CTP
• Strategic Highway S
afety Plan
• Title VI and Environmental Justice
• Climate Action Plan for Transportation Infrastructure • California
Adaptation Strategy
• Master P
lan for Aging
3A. Grant Specific Objectives (5 points) - Do not exceed the space provided • Explain how the proposal encourages local and regional multimodal transportation, housing and land use planning that furthers the region’s RTP SCS (where applicable) • Demonstrate how the proposed effort would coordinate transportation, housing, and land use planning components of the project to inform one another (i.e., r egular coordination meetings between responsible entities, joint community meetings, letters of commitment from all relevant implementing agencies, etc. • Explain how the proposed effort would contribute to shifts in land use towards more sustainable and equitable communities, such as more affordable housing near transit or more compact regional development patterns (Reference Grant Application Guide, Chapter 2.2, for example project types)
The proposed updates to the Circulation and Resource Elements of the Victorville General Plan will significantly encourage local and regional multimodal transportation that supports housing and land use planning, aligning with the region's Regional Transportation Plan (RTP) Sustainable Communities Strategy (SCS). In alignment with Policy 33 of the SCAG 2024-2050 RTP/SCS, updates to the General Plan will emphasize the promotion of development in areas with a proclivity toward multimodal transportation networks that include public transit and active transportation. The plan will incorporate guidelines for creating balanced transportation networks that serve the needs of all users, including drivers, pedestrians, cyclists, and transit users of all ages and abilities while promoting sustainable transportation options and reducing greenhouse gas emissions.
In accordance with goals and regulations of Title IV of the US Civil Rights Act as well as the adopted Victorville Environmental Justice Element, the project will ensure that low-income and minority communities have the ability to participate in the decision-making process alongside local agencies and authorities.
Through coordination meetings, public noticing, online surveys, letters of commitment, and other public input means, the project will result in a more cohesive and integrated General Plan with a unified commitment to its goals.
With climate resiliency as a driving force behind these updates, the project will support the existing Housing and Land Use Elements of the General Plan to emphasize objectives that will contribute to more sustainable and equitable communities by promoting affordable housing near transit hubs and encouraging compact regional development patterns. The reduction of urban sprawl and the preservation of natural resources aligns with the goals of the SCAG RTP/SCS.
Sustainable Transportation Planning Grant Program
SUSTAINABLE COMMUNITIES - GRANT APPLICATION
NARRATIVE
3B. Grant Specific Objectives (5 points) - Do not exceed the space provided • Explain how the proposal contributes to the State’s GHG reduction targets and advances transportation related GHG emission reduction project types/strategies (i.e., mode shift, demand management, travel cost, operational efficiency, accessibility , and coordination with future employment and residential land use, etc.)
3C. Grant Specific Objectives (5 points) - Do not exceed the space provided • Explain how the proposal supports other State goals, in cluding but not limited to:
o State Planning Priorities (Government Code Section 65041.1) o Climate Adaptation Goals (State Adaptation Strategy)
o Goals
and Best Practices cited in the 2024 RTP Guidelines, Appendices E and G The proposed updates to the Circulation Element and Resource Element of the Victorville General Plan would promote multimodal transportation by planning for a balanced transportation network that encourages the use of public transit, biking, and walking. This would result in a reduced reliance on single-occupancy vehicles, thereby lowering VMT and associated GHG emissions. Additionally, the implementation of Complete Streets policies would ensure that streets are deisgned and operated to enable pedestrians, bicyclists, motorists, and transit writers leading to increased use of non-motorized transportation modes and a reduction of GHG emissions. The Resource Element will be updated to address policies that focus on an integration of open spaces with existing land use planning to promote compact, mixed-use developments that reduce the need for long commutes and encourage walking and biking.
The proposed updates will bring the Victorville General Plan into conformance with various state mandates that include AB 98, SB 932, and SB 1425, but will also directly support other state planning priorities aimed at promoting equity, strengthening the economy, protecting the environment, and enhancing public health and safety. Specifically, the updated Circulation Element and Resource Element will support the recently adopted Land Use Element to further promote infill development and efficient development patterns to reduce urban sprawl and encourage the use of public transit and other non-motorized transportation options. Additionally, the project will support the Climate Adaptation Goals of the States Adaptation Strategy by incorporating climate resilience into open space to help mitigate issues like heatwaves and flooding as well as promoting multimodal transportation options to reduce VMT and lowered GHG emissions. Finally, the regional transportation planning framework of the 2024 RTP Guidelines will be addressed through the implementation of integrated land use and transportation planning, the promotion of low-emission modes of travel, and improved public transit.
Sustainable Transportation Planning Grant Program
SUSTAINABLE COMMUNITIES - GRANT APPLICATION
NARRATIVE
3D. Grant Specific Objectives (5 points) - Do not exceed the space provided • Explain how the proposal encourages stakeholder involvement • List the stakeholders involved in the planning effort (e.g., first responders, community- based organizations, local housing and public health departments, transit agencies, and partners including State, federal, local agencies)
• Explain how stakeholders will be involved throughout the project 3E. Grant Specific Objectives (5 points) - Do not exceed the space provided • Explain how the proposal involves active community engagement • Describe the specific public outreach methods/events that will be employed throughout the project
• Explain how public input will inform the project
• Describe how the effort will survey the public at the end of each outreach event to gauge effectiveness of these activities for the planning effort In accordance with Environmental Justice goals and the policies of the SCAG RTP, a comprehensive approach to community engagement with a focus on the more under-resourced areas of the City will ensure that the General Plan updates are a true reflection of the needs of Victorville. Outreach methods will include workshops and informational pop-up sessions in those under-represented areas to ensure accessibility and encourage participation, partnerships with local community-based organizations and other agencies and the utilization of diverse communications channels like social media, printed materials in various languages, and in-person solicitation will broaden participation efforts. At the end of each outreach event, attendees will be asked to complete surveys to include questions on the clarity of information presented, the inclusiveness of the process, and the perceived impact of the community’s input on the project. The public input from workshops, surveys, and meetings will be systematically collected and analyzed to identify common concerns, priorities, and suggestions and integrated into the project's goals, objectives, and strategies, making the updated Circulation and Resource Elements a true reflection of the needs and aspirations of Victorville residents.
In an effort to create a more informed and equitable update to the Victorville General Plan, the project will actively encourage stakeholder involvement by fostering an inclusive and participatory planning process. Stakeholders including but not limited to local residents and business owners, local and regional transit agencies including the Victor Valley Transit Authority and the San Bernardino County Transit Authority, state and federal agencies such as Caltrans and the Mojave Desert Air Quality Management District, the San Bernardino County Department of Public Health, and the Housing Authority of the County of San Bernardino will all be encouraged to participate in all aspects of the decision-making process for this project. From initial engagement efforts to drafting and review and finalization and beyond, input from this diverse group of stakeholders will ensure that the updated Circulation and Resource Elements reflect the community's needs, promote equity, and enhance overall quality of life in accordance with the objectives of the Caltrans Strategic Plan, the SCAG RTP, and the California Adaptation Strategy.
Sustainable Transportation Planning Grant Program
SUSTAINABLE COMMUNITIES - GRANT APPLICATION
NARRATIVE
3F. Grant Specific Objectives (5 points) - Do not exceed the space provided • Explain how the proposal assists in achieving the Caltrans Mission and Grant Program Objectives (
Grant Application Guide, Chapter 1.2): Safety, Sustainability, Preservation, A
ccessibility, Innovation, Economy, Health, and Social Equity, as applicable 3G. Grant Specific Objectives (5 points) - Do not exceed the space provided • Explain how the proposal ultimately results in funded and programmed multimodal transportation system improvements
• Discuss next steps for project implementation, including timing for programming improvements that would result from the planning effort The inclusion of Complete Streets and traffic calming measures will directly improve safety within the community by ensuring that roadways are designed for the safety of all users including pedestrians, cyclists, and motorists. Sustainability goals will be achieved through the promotion of multimodal transportation options such as public transit, biking, and walking that reduces GHG emissions and promotes environmental sustainability. Designing transportation infrastructure to be accessible to all, including those with disabilities and people of all ages, ensures equitable access and helps achieve the Accessibility objective of the grant program. Circulation Element policies will be incorporated to promote the use of smart transportation systems and sustainable materials that conform to the Innovation goal and will result in improved transportation efficiency and safety. The creation of more efficient transportation networks can reduce travel timed costs, boosting Economic productivity. Health objectives can be achieved through equitable access to open space areas and recreational space along with active transportation options to promote physical activity like walking and biking. The implementation of sustainable transportation options will also promote Health by reducing vehicle emissions to improve air quality. Finally, Social Equity objectives will be achieved through safe and reliable transportation options made available to all members of the community, including the more marginalized groups. Expanded public outreach will take place during this project to seek input from a wide range of community members and will ensure Social Equity goals are met by integrating those community values into the project.
Updating the Victorville Circulation Element and Open Space Element will set the stage for funded and programmed multimodal transportation system improvements by creating a robust framework and strategic roadmap for sustainable development. The updated elements will provide clear guidelines and policies that prioritize multimodal transportation solutions, such as Complete Streets and traffic calming measures, ensuring that all future projects are aligned with these principles. By incorporating empirical data and community input, the proposal ensures that the identified projects address real needs and issues, making them more likely to secure funding and community support. Aligning the updates with the Southern California Association of Governments’ 2024-2050 Regional Transportation Plan and other relevant state and federal guidelines will enhance eligibility for various funding opportunities and grants by demonstrating a well thought-out and compliant General Plan.
Once the plan is finalized and adopted, implementation would begin through policy and ordinance updates to reflect applicable changes. From there, all new development projects would follow the framework within the updated General Plan to produce projects that reflect the City's goals of climate resiliency, equitable access to open spaces and transportation options, and overall community health and safety. Ongoing reviews, annual reporting, and regular updates would take place as needed.
Sustainable Transportation Planning Grant Program
SUSTAINABLE COMMUNITIES - GRANT APPLICATION
NARRATIVE
4. Project Management (Total 30 points)
See Scope of Work an d Cost a nd Sc hedule samples and checklists fo r requirements (G rant Application Guide, Appendix B), also available on the Caltrans grants website:
https://dot.ca.gov/programs/transportation-planning/division-of-transportation-planning/ regional-and-community-planning
/sustainable-transportation-planning-grants
4A. Scope of Work (15 points)
4B. Cost and Schedule (15 points)
ATTACHMENT C
State Assembly and Senate Bills
Senate Bill 932
SHARE THIS:
Date Published: 09/29/2022 02:00 PM
SB-932 General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. (2021-2022)
Senate Bill No. 932
CHAPTER 710
An act to amend Sections 65300.5 and 65302 of the Government Code, relating to land use. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 932, Portantino. General plans: circulation element: bicycle and pedestrian plans and traffic calming plans.
Existing law states the Legislature’s intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency.
This bill would emphasize the intent of the Legislature to support and encourage communities in reaching environmental and climate change objectives with these provisions.
Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a circulation element. Existing law requires the circulation element to consist of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities. Existing law requires the legislative body, upon any substantive revision of the circulation element, to modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. Existing law defines “users of streets, roads, and highways” to mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
This bill would require the legislative body, upon any substantive revision of the circulation element, on or after January 1, 2025, to incorporate the principles of the Federal Highway Administration’s Safe System Approach and to develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that, among other things, sets goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element, as specified. By adding to the duties of county and city officials in the administration of their land use planning duties, this bill would impose a state-mandated local program.
This bill would require a county or city to begin implementation of the plan within 2 years of the date of adoption of the plan, to regularly review its progress towards completing implementation of the modified circulation Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 1/9/25, 5:25 PM Bill Text - SB-932 General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB932 1/9 element, and to consider revising the circulation element if it determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element.
This bill would state the intent of the Legislature that cities and counties use existing transportation funding to achieve the goals of these provisions. The bill would define various terms for its purposes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65300.5 of the Government Code is amended to read:
65300.5. (a) In construing the provisions of this article, the Legislature intends that the general plan and elements and parts thereof comprise an integrated, internally consistent and compatible statement of policies for the adopting agency.
(b) The Legislature intends that the provisions of this article, as stated in paragraph (4) of subdivision (g) of Section 65302, support and encourage communities in reaching the state’s environmental and climate objectives. Climate change causes catastrophic threats to lives, property, and resources in California, and continues to affect all parts of the Californian economy and environment. This provision is intended to encourage measures that enable communities to adapt to the impacts of climate change including, but not limited to, higher average temperatures, decreased air and water quality, the spread of infectious and vectorborne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, and drought.
SEC. 2. Section 65302 of the Government Code is amended to read:
65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5). (2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
(B) The following definitions govern this paragraph:
(i) “Military readiness activities” mean all of the following:
1/9/25, 5:25 PM Bill Text - SB-932 General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB932 2/9 (I) Training, support, and operations that prepare the members of the military for combat. (II) Operation, maintenance, and security of any military installation. (III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii) “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code. (b) (1) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan. (2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. (B) Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:
(i) Incorporate the principles of the Federal Highway Administration’s Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures. (ii) Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan:
(I) Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians.
(II) Use evidence-based strategies, including strategies identified in the United States Department of Transportation’s Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I). (III) Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues. (C) (i) A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan. (ii) A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure.
(iii) A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element. (D) For the purposes of this paragraph, the following definitions shall apply:
(i) “Business activity district” has the same meaning as defined in Section 22358.9 of the Vehicle Code. (ii) “Land facilities that generate high concentrations of bicyclists or pedestrians” has the same meaning as described in Section 22358.7 of the Vehicle Code.
(iii) “Micromobility device” means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code. 1/9/25, 5:25 PM Bill Text - SB-932 General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB932 3/9 (iv) “Safety corridor” has the same meaning as defined in Section 22358.7 of the Vehicle Code. (v) “Urbanized area” has the same meaning as defined in Section 21071 of the Public Resources Code. (E) For purposes of this paragraph, “users of streets, roads, and highways” mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
(c) A housing element as provided in Article 10.6 (commencing with Section 65580). (d) (1) A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county. (2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other waters. (C) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
(D) Prevention, control, and correction of the erosion of soils, beaches, and shores. (E) Protection of watersheds.
(F) The location, quantity, and quality of the rock, sand, and gravel resources. (3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management. (e) An open-space element as provided in Article 10.5 (commencing with Section 65560). (f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight online railroad operations and ground rapid transit systems. (D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation. (E) Local industrial plants, including, but not limited to, railroad classification yards. (F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment. (2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive.
(3) The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise. 1/9/25, 5:25 PM Bill Text - SB-932 General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB932 4/9 (4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state’s noise insulation standards.
(g) (1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards. (2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, “flood hazard zone” means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.
(ii) National Flood Insurance Program maps published by FEMA. (iii) Information about flood hazards that is available from the United States Army Corps of Engineers. (iv) Designated floodway maps that are available from the Central Valley Flood Protection Board. (v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources. (vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls. (ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
(xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new development. (ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
(iii) Maintaining the structural and operational integrity of essential public facilities during flooding. (iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones. 1/9/25, 5:25 PM Bill Text - SB-932 General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB932 5/9 (v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3) Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning, General Plan Technical Advice Series” and shall also include all of the following:
(A) Information regarding fire hazards, including, but not limited to, all of the following:
(i) Fire hazard severity zone maps available from the Office of the State Fire Marshal. (ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations.
(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire. (C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i) Avoiding or minimizing the wildfire hazards associated with new uses of land. (ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone. (iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression. (iv) Working cooperatively with public agencies with responsibility for fire protection. (D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or county’s adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph. (4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Research’s General Plan Guidelines and shall include all of the following:
(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment 1/9/25, 5:25 PM Bill Text - SB-932 General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB932 6/9 of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3). (ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I) Information from the internet-based Cal-Adapt tool. (II) Information from the most recent version of the California Adaptation Planning Guide. (III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV) Information from local agencies on their current ability to deal with the impacts of climate change.
(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged. (VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
(VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services. (B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land. (ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas. (iii) The designation of adequate and feasible infrastructure located in an at-risk area. (iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies. (v) The identification of natural infrastructure that may be used in adaptation projects, where feasible.
Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.
(D) (i) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document. (ii) Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general 1/9/25, 5:25 PM Bill Text - SB-932 General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB932 7/9 plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5) Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes. (6) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element. (7) Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met. (8) Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.
(9) To the extent that a county’s safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the county’s safety element that pertains to the city’s planning area in satisfaction of the requirement imposed by this subdivision. (h) (1) An environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community. The environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements, shall do all of the following:
(A) Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity.
(B) Identify objectives and policies to promote civic engagement in the public decisionmaking process. (C) Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
(2) A city, county, or city and county subject to this subdivision shall adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018. (3) By adding this subdivision, the Legislature does not intend to require a city, county, or city and county to take any action prohibited by the United States Constitution or the California Constitution. (4) For purposes of this subdivision, the following terms shall apply:
(A) “Disadvantaged communities” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
(B) “Public facilities” includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000.
1/9/25, 5:25 PM Bill Text - SB-932 General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB932 8/9 (C) “Low-income area” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.
SEC. 3. (a) It is the intent of the Legislature that cities and counties use existing transportation funding to achieve the goals of the circulation element, including, but not limited to, funding provided by the Road Maintenance and Rehabilitation Account in subdivision (h) of Section 2032 of Chapter 2 of Division 3 of the Streets and Highways Code, the Highway Users Tax Account (Chapter 3 (commencing with Section 2100) of Division 3 of the Streets and Highways Code) for local streets and roads, the Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code), local planning grants as described in Sections 2032 and 2033.5 of the Streets and Highways Code, the Department of Transportation’s Sustainable Transportation Planning Grant Program, the state Highway Safety Improvement Program (Chapter 6.5 (commencing with Section 2330) of Division 3 of the Streets and Highways Code), and the federal Highway Safety Improvement Program (23 U.S.C. Sec. 148). (b) It is the intent of the Legislature that the cities and counties use these existing funds consistently with the purposes for which the funds were allocated to the cities and counties to achieve the goals of the circulation element.
(c) It is not the intent of the Legislature to make an additional appropriation of these funds by the reference in this section.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
1/9/25, 5:25 PM Bill Text - SB-932 General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB932 9/9
Assembly Bill 98
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Date Published: 09/30/2024 09:00 PM
AB-98 Planning and zoning: logistics use: truck routes. (2023-2024) Assembly Bill No. 98
CHAPTER 931
An act to add Section 65302.02 to, and to add Chapter 2.8 (commencing with Section 65098) to Division 1 of Title 7 of, the Government Code, and to add Sections 40458.5 and 40522.7 to the Health and Safety Code, relating to land use.
[ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 98, Juan Carrillo. Planning and zoning: logistics use: truck routes. (1) Existing law, the Planning and Zoning Law, sets forth various requirements relating to the review of development project permit applications and the issuance of development permits for specified classes of development projects.
This bill, beginning January 1, 2026, would prescribe various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, including, among other things, standards for building design and location, parking, truck loading bays, landscaping buffers, entry gates, and signage. The bill would except from those design and build standards certain existing logistics use developments, proposed expansions of a logistics use development, and property currently in a local entitlement process to become a logistics use, under prescribed conditions. The bill would require a facility operator, prior to the issuance of a certificate of occupancy, to establish and submit for approval by a city, county, or city and county a truck routing plan to and from the state highway system based on the latest truck route map of the city, county, or city and county, as prescribed. The bill would require a facility operator to enforce the plan. The bill would provide for the revision of the plan in specified circumstances.
The bill would prohibit a city, county, or city and county from approving development of a logistics use that does not meet or exceed the standards outlined in the bill. The bill would require a city, county, or city and county to condition approval of a logistics use on 2-to-1 replacement of any demolished housing unit that was occupied within the last 10 years unless the housing unit was declared substandard by a building official, as specified, and payments to displaced tenants if residential dwellings are affected through purchase, as prescribed. The bill would define terms for these purposes.
(2) The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and specified land outside its boundaries that includes, among other specified mandatory elements, a circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 1/9/25, 5:25 PM Bill Text - AB-98 Planning and zoning: logistics use: truck routes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB98 1/10 military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan. Existing law requires, upon any substantive revision of the circulation element, that the legislative body modify the element to address specified additional issues.
This bill would require a county or city, by January 1, 2028, except as provided, to update its circulation element, as prescribed, including identifying and establishing specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and concentrations of sensitive receptors, as defined. The bill would establish specific standards for truck routes. The bill would require a county or city to provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations. The bill would require a county or city to make truck routes publicly available and share maps of the truck routes with warehouse operators, fleet operators, and truck drivers. The bill would authorize the Attorney General to enforce these provisions, as provided, including by imposition of a fine of up to $50,000 every 6 months if the required updates have not been made.
(3) Existing law provides for the creation of the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law provides that the south coast district is governed by a board consisting of 13 members and requires the district to adopt rules and regulations to carry out the south coast district air quality management plan that are not in conflict with state and federal laws and rules and regulations.
This bill would require the south coast district to establish a process for receiving community input on how any penalties assessed and collected for violation of the Warehouse Indirect Source Rule are spent, as specified. The bill would require the south coast district, subject to an appropriation for this express purpose, to, beginning on January 1, 2026, and until January 1, 2032, deploy mobile air monitoring systems within the Counties of Riverside and San Bernardino to collect air pollution measurements in communities that are near operational logistics use developments. The bill would require the south coast district to use the data collected to conduct an air modeling analysis to evaluate the impact of air pollution on sensitive receptors from logistics use development operations and to submit its findings to the Legislature on or before January 1, 2033. The bill would also require the district to submit an interim report to the Legislature on or before January 1, 2028, to evaluate the impact of air pollution on sensitive receptors, as defined, from logistics use development operations in the Counties of Riverside and San Bernardino, as provided.
(4) By modifying the duties of local agencies with regard to the approval of logistics use development and requiring the revision of the circulation element of a general plan, the bill would impose a state-mandated local program.
(5) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.8 (commencing with Section 65098) is added to Division 1 of Title 7 of the Government Code, to read:
CHAPTER 2.8. Warehouse Design and Build Standards
65098. As used in this chapter:
(a) “21st century warehouse” means a logistics use that meets all of the following:
(1) Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), including, but not limited to, the following requirements related to:
(A) Photovoltaic system installation and associated battery storage. 1/9/25, 5:25 PM Bill Text - AB-98 Planning and zoning: logistics use: truck routes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB98 2/10 (B) Cool roofing.
(C) Medium- and heavy-duty vehicle charging readiness.
(D) Light-duty electric vehicle charging readiness and installed charging stations. (2) Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting. (3) Provides conduits and electrical hookups at all loading bays serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay.
(4) Ensures that any heating, ventilation, and air-conditioning is high-efficiency. (5) (A) Ensures that all classes of forklifts used on site, pursuant to State Air Resources Board’s Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2030, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site. (B) (i) If not operationally feasible, commercially off-the shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used. (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. (6) (A) Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site. (B) (i) If not operationally feasible, commercially off-the shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used. (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. (C) Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines. (b) “Expansion of an existing logistics use” means the expansion of an existing logistics use by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold. (c) “Heavy-duty truck” means a class 7 or class 8 truck. As used in this subdivision:
(1) “Class 7 truck” means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds. (2) “Class 8 truck” means a truck with a gross vehicle weight rating of greater than 33,000 pounds. (d) “Logistics use” means a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. “Logistics use” does not include any of the following:
(1) Facilities where food or household goods are sold directly to consumers and are accessible to the public. (2) A building primarily served by rail to move cargo goods or product. (3) (A) A Strategic Intermodal Facility.
(B) For purposes of this subdivision, “Strategic Intermodal Facility” means a project that satisfies all of the following requirements:
(i) Logistics facilities, including warehousing and transloading facilities, served by rail. (ii) Intermodal freight transport services.
(iii) All facility structures and related rail operations are located within a single site footprint. (e) “Sensitive receptor” means one or more of the following:
(1) A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home.
1/9/25, 5:25 PM Bill Text - AB-98 Planning and zoning: logistics use: truck routes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB98 3/10 (2) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(3) A daycare facility, including, but not limited to, in-home daycare. (4) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children, unless the development of the park and recreation areas are included as a condition of approval for the development of a logistics use.
(5) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing. (6) Hospitals, as defined in Section 128700 of the Health and Safety Code. (f) “Small off-road engines” means spark-ignition engines rated at or below 19 kilowatts. (g) “Tier 1 21st century warehouse” means a logistics use that meets all of the following:
(1) Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), including, but not limited to, the following requirements related to:
(A) (i) Photovoltaic system installation and associated battery storage. (ii) For purposes of the photovoltaic system installation requirement in clause (i), all warehouse square footage should be considered conditioned space.
(B) Cool roofing.
(C) Medium- and heavy-duty vehicle charging readiness.
(D) Light-duty electric vehicle charging readiness and installed charging stations. (2) Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting. (3) Has a microgrid-ready switchgear system capable of supporting distributed energy resources. (4) Is advanced smart metering ready.
(5) Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles. (6) Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.
(7) Provides conduits and electrical hookups at all loading bays serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay.
(8) Ensures that any heating, ventilation, and air-conditioning is high-efficiency. (9) (A) Ensures that all classes of forklifts used on site, pursuant to State Air Resources Board’s Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site. (B) (i) If not operationally feasible, commercially off-the shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used. (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. (10) (A) Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site. (B) (i) If not operationally feasible, commercially off-the shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used. (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. 1/9/25, 5:25 PM Bill Text - AB-98 Planning and zoning: logistics use: truck routes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB98 4/10 (C) Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines. (h) “Warehouse concentration region” includes the Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.
65098.1. (a) Commencing January 1, 2026, any proposed new or expanded logistics use development 250,000 square feet or more where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1) Include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. (2) Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3) Locate truck loading bays a minimum of 300 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method. (4) Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses. (5) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6) Include buffering and screening to mitigate for light and noise, as described in Section 65098.2. (b) Commencing January 1, 2026, except as provided for in subdivision (c), any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, where the loading bay is within 900 feet of a sensitive receptor, shall comply with all of the following:
(1) If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2) Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(3) Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method. (4) Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses. (5) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6) Include buffering and screening to mitigate for light and noise, as described in Section 65098.2. (c) Commencing January 1, 2026, any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, and is located in the warehouse concentration region, shall comply with all of the following:
(1) If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098.
(2) Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
1/9/25, 5:25 PM Bill Text - AB-98 Planning and zoning: logistics use: truck routes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB98 5/10 (3) Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method. (4) Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses. (5) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6) Include buffering and screening to mitigate for light and noise, as described in Section 65098.2. (d) Commencing January 1, 2026, any proposed new or expanded logistics use development less than 250,000 square feet where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following:
(1) Orient truck loading bays on the opposite side of the logistics use development away from sensitive receptors, to the extent feasible.
(2) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(3) Include buffering and screening to mitigate for light and noise, as described in Section 65098.2. (4) Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), including, but not limited to, the following requirements related to:
(A) Photovoltaic system installation and associated battery storage. (B) Cool roofing.
(C) Medium- and heavy-duty vehicle charging readiness.
(D) Light-duty electric vehicle charging readiness and installed charging stations. (5) Provides conduits at loading bays equal to one truck per every loading bay serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay.
(6) Ensures that any heating, ventilation, and air-conditioning is high-efficiency. (7) Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses. (e) (1) Except as provided in paragraph (2), on or before January 1, 2028, a city, county, or city and county shall update its circulation element to include truck routes, as specified in Section 65302.02. (2) On or before January 1, 2026, all cities and counties in the warehouse concentration region shall update its circulation element to include truck routes, as specified in Section 65302.02. 65098.1.5. (a) (1) Notwithstanding any other provision of law, any existing logistics use development in existence as of September 30, 2024, shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a new sensitive receptor is constructed, established, or permitted after the effective date of this chapter. (2) Notwithstanding any other provision of law, if, by September 30, 2024, a proposed expansion of a logistics use development is in a local entitlement process, then the proposed expansion shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
1/9/25, 5:25 PM Bill Text - AB-98 Planning and zoning: logistics use: truck routes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB98 6/10 (3) Notwithstanding any other provision of law, if, by September 30, 2024, a property is currently in a local entitlement process to become a logistics use, then the proposed logistics use development shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter. (b) (1) Any new logistics use developments that require the rezoning of land and must undergo a municipal entitlement process shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if the start of the entitlement process for the logistics use began before any sensitive receptor started its own entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use according to local zoning regulations.
(2) During a logistics use development’s entitlement process for a new or expanded logistics use, if a new sensitive receptor is proposed or established within the distances required by paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, then those distance requirements shall not apply to the logistics use development so long as the logistics use development was not already subject to those requirements prior to the new sensitive receptor being proposed or established.
(c) This chapter shall not apply to any logistics projects that were subject to a commenced local entitlement process prior to September 30, 2024.
(d) The protection afforded by this section shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including any necessary rezoning actions and through the development period. If no development activity occurs within five years of entitlement approvals, the protections shall be waived.
(e) This chapter shall not apply to a logistics project that received an approval by a local agency prior to the effective date of this chapter. For purposes of this subdivision, “approval” shall have the same meaning as set forth in subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations.
65098.2. (a) Any new logistics use facility within 900 feet of a sensitive receptor shall have a buffer as follows:
(1) If the logistics use development is subject to the requirements of subdivision (a) or (d) of Section 65098.1, the buffer shall be 50 feet in width measured from the property line of all adjacent sensitive receptors that fully screen the project from the sensitive receptor.
(2) If the logistics use development is subject to either subdivision (b) or subdivision (c) of Section 65098.1, the buffer shall be 100 feet in width measured from the property line of all adjacent sensitive receptors that fully screen the project from the sensitive receptor.
(b) Buffer areas shall include a solid decorative wall, landscaped berm and wall, or landscaped berm 10 feet or more in height, drought tolerant natural ground landscaping with proper irrigation, and solid-screen buffering trees as described in subdivision (c).
(c) Trees shall be used as part of a solid-screen buffering treatment and planted in two rows along the length of the property line adjacent to the sensitive receptor. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees shall not be utilized. 65098.2.5. The entry gates into the loading truck court for a new or expanded logistics use facility shall be positioned after a minimum of 50 feet of total available stacking depth inside the property line. The stacking depth shall be increased by 70 feet for every 20 loading bays beyond 50 loading bays, to the extent feasible. 65098.2.7. (a) The purpose of this section is to ensure that logistics use developments, beginning January 1, 2026, are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use development to roadways that are suited to handle the associated traffic and that predominantly serve commercial uses. (b) (1) Any new logistics use development shall be sited on roadways that meet the following classifications:
1/9/25, 5:25 PM Bill Text - AB-98 Planning and zoning: logistics use: truck routes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB98 7/10 (A) Arterial roads.
(B) Collector roads.
(C) Major thoroughfares.
(D) Local roads that predominantly serve commercial uses. (2) For purposes of this chapter, local roads shall be considered to predominantly serve commercial uses if more than 50 percent of the properties fronting the road within 1000 feet are designed for commercial or industrial use according to the local zoning ordinance. (c) A waiver may be granted where siting on the designated roadways pursuant to subdivision (b) is impractical due to unique geographic, economic, or infrastructure-related reasons. The waiver shall be approved by the city, county, or city and county, provided that the applicant demonstrates all of the following:
(1) There is no feasible alternative site that exists within the designated roadways. (2) A traffic analysis has been completed and submitted to the local approving authority. (3) The site is an existing industrial zone.
(4) The proposed site will incorporate mitigations to minimize traffic and environmental impacts on residential areas to the greatest extent feasible.
65098.3. (a) Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use developments along entrances to the site and at the truck loading bays. (b) Signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan, as described in Section 65098.4, and in the state highway system. 65098.4. Prior to the issuance of a certificate of occupancy, a facility operator shall establish and submit for approval to the planning director or equivalent position for the city, county, or city and county a truck routing plan to and from the state highway system based on the latest truck route map of the city, county, or city and county. The truck routing plan shall describe the operational characteristics of the use of the facility operator, including, but not limited to, hours of operation, types of items to be stored within the building, and proposed truck routing to and from the facility to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. The truck routing plan shall include measures, such as signage and pavement markings, queuing analysis, and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. The facility operator shall be responsible for enforcement of the truck routing plan. A revised truck routing plan shall be submitted to the planning director or equivalent position prior to a business license being issued by the city, county, or city and county for any new tenant of the property. The planning director or equivalent position shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.
65098.5. (a) A city, county, or city and county shall not approve development of a logistics use that does not meet or exceed the standards outlined in this chapter.
(b) This section shall not be construed to restrict the existing authority of a city, county, or city and county to deny a logistics use facility altogether.
65098.6. A city, county, or city and county shall condition approval of a logistics use on the following:
(a) Two-to-one replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, pursuant to Section 17920.3 of the Health and Safety Code, prior to purchase by the developer. For each housing unit demolished, regardless of market value of the unit, two units of affordable housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that are deed-restricted shall be built within the jurisdiction. Funds from any fee imposed for the replacement of demolished housing units shall be placed in a housing-specific set- aside account and shall be used for housing within three years of collection. (b) If residential dwellings are affected through purchase, the developer shall be required to provide any displaced tenant with an amount equivalent to 12 months’ rent at the current rate. 1/9/25, 5:25 PM Bill Text - AB-98 Planning and zoning: logistics use: truck routes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB98 8/10 65098.7. Nothing in this chapter shall be construed to supersede mitigation measures required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). 65098.8. The Legislature finds and declares that the movement and storage of freight and the impact of this activity on public health and communities across the state as set forth in this chapter is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
Therefore, this chapter applies to all cities, including charter cities. 65098.9. The provisions of this chapter shall not apply to a logistics use development if it meets both of the following:
(a) The logistics use development is a mixed-use development that may create sensitive receptors on the site of the new logistics use development.
(b) There are no existing sensitive receptors within 900 feet of the loading bay.
SEC. 2. Section 65302.02 is added to the Government Code, to read:
65302.02. By January 1, 2028, except as provided for in subdivision (h), a county or city shall update its circulation element, as required by subdivision (b) of Section 65302, to do all of the following:
(a) Identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as defined by Section 65098.
(b) Maximize the use of interstate or state divided highways as preferred routes for truck routes. The county or city shall also maximize use of arterial roads, major thoroughfares, and predominantly commercially oriented local streets when state or interstate highways are not utilized. Truck routes shall comply with the following:
(1) Major or minor collector streets and roads that predominantly serve commercially oriented uses shall be used for truck routes only when strictly necessary to reach existing industrial zones. (2) Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors. (3) On and after January 1, 2028, all proposed development of a logistics use development, as defined in subdivision (d) of Section 65098, shall be accessible via arterial roads, major thoroughfares, or roads that predominantly serve commercially oriented uses.
(A) The purpose of this section is to ensure that logistics use developments are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use developments to roadways that are suited to handle the associated traffic and that predominantly serve commercial uses.
(B) For purposes of this section, local roads shall be considered to predominantly serve commercial uses if more than 50 percent of the properties fronting the road within 1000 feet are designated for commercial or industrial use according to the local zoning ordinance. (c) The county or city may consult with the Department of Transportation and the California Freight Advisory Committee for technical assistance.
(d) The county or city shall provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations. (e) The county or city shall make truck routes publicly available in geographic information system (GIS) format and share GIS maps of the truck routes with warehouse operators, fleet operators, and truck drivers. (f) The city or county shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, educational, and other community groups through public hearings and any other means the planning agency deems appropriate, consistent with Section 65351.
(g) The city or county shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the changes required pursuant to this section. 1/9/25, 5:25 PM Bill Text - AB-98 Planning and zoning: logistics use: truck routes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB98 9/10 (h) The warehouse concentration region, as defined in Section 65098, shall implement the provisions of this section by January 1, 2026.
(i) The Attorney General may enforce this section.
(1) The Attorney General may impose a fine against a jurisdiction that is in violation of this section of up to fifty thousand dollars ($50,000) every six months if the required updates have not been made. (2) Upon appropriation by the Legislature, any fines collected shall be distributed by the Attorney General and returned to the local air quality management district in which the fine was imposed and be used for the district’s efforts to improve air quality.
SEC. 3. Section 40458.5 is added to the Health and Safety Code, to read:
40458.5. (a) Subject to an appropriation for this express purpose, the south coast district shall, beginning on January 1, 2026, and until January 1, 2032, deploy mobile air monitoring systems within the Counties of Riverside and San Bernardino to collect air pollution measurements in communities that are near operational logistics use developments.
(b) The south coast district shall use the data collected pursuant to subdivision (a) to conduct an air modeling analysis to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors.
(c) The south coast district shall submit its findings to the Legislature on or before January 1, 2033. On or before January 1, 2028, the south coast district shall submit an interim report to evaluate the impact of air pollution on sensitive receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relative pollution concentrations from logistics use developments at varying distances from sensitive receptors. This report shall be used to assess the effectiveness of setbacks on public health.
(d) (1) The requirement for submitting a report imposed pursuant to subdivision (c) is inoperative on January 1, 2040, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 4. Section 40522.7 is added to the Health and Safety Code, to read:
40522.7. The south coast district shall establish a process for receiving community input on how any penalties assessed and collected for violations of the Warehouse Indirect Source Rule are spent. The south coast district shall ensure a wide range of community groups are included in the process and that groups represent the geographic areas where there are high numbers of warehouse facilities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
1/9/25, 5:25 PM Bill Text - AB-98 Planning and zoning: logistics use: truck routes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB98 10/10
Senate Bill 1425
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Date Published: 10/03/2022 09:00 PM
SB-1425 Open-space element: updates. (2021-2022)
Senate Bill No. 1425
CHAPTER 997
An act to add Section 65565.5 to the Government Code, relating to local government. [ Approved by Governor September 30, 2022. Filed with Secretary of State September 30, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 1425, Stern. Open-space element: updates.
Existing law requires cities and counties to prepare, adopt, and amend general plans and elements of those plans, as specified. Existing law requires the general plan to include a housing element and an open-space element, which is also called an open-space plan. Existing law sets forth various deadlines for updates to the housing element.
This bill would require every city and county to review and update its local open-space plan by January 1, 2026.
The bill would require the local open-space plan update to include plans and an action program that address specified issues, including climate resilience and other cobenefits of open space, correlated with the safety element. By imposing additional duties on local officials, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65565.5 is added to the Government Code, to read:
65565.5. (a) Every city and county shall review and update its local open-space plan by January 1, 2026. The update shall include plans and an action program, as required by Section 65564, that address all of the following:
Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 1/9/25, 5:24 PM Bill Text - SB-1425 Open-space element: updates. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1425 1/2 (1) Access to open space for all residents in a manner that considers social, economic, and racial equity, correlated with the environmental justice element or environmental justice policies in the general plan, as applicable.
(2) Climate resilience and other cobenefits of open space, correlated with the safety element. (3) Rewilding opportunities, correlated with the land use element. (b) For purposes of this section, “rewilding opportunities” may include, but are not limited to, the following:
(1) Opportunities to preserve, enhance, and expand an integrated network of open space to support beneficial uses, such as habitat, recreation, natural resources, historic and tribal resources, water management, and aesthetics.
(2) Establishing a natural communities conservation plan to provide for coordinated mitigation of the impacts of new development.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 3. The Legislature finds and declares that the preservation of open space is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
Therefore, Section 1 of this act adding Section 65565.5 to the Government Code applies to all cities, including charter cities.
1/9/25, 5:24 PM Bill Text - SB-1425 Open-space element: updates. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1425 2/2 Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: January 21, 2025
Submitted By:
Donna Meester, Community Services Director
Subject:
California State Library Grant Fund Acceptance for Zip Book Project Recommendation:
That the Honorable City Council adopt Resolution No. 25-005 and No. 25-006, thereby:
(1) Accepting grant funds from the California State Library, providing the City with $12,198 to aid in the expansion of the Zip Books Project;
(2) Authorizing the City Manager, or his designee to finalize all documents needed to execute the grant contract; and
(3) Amending the annual budget for fiscal year 2024-2025 to reflect an additional appropriation in the amount of $12,198.
Fiscal Impact:
The recommended action will result in an increase of $12,198 in revenue and expenses in the following accounts for fiscal year 2024-2025:
Grants Revenue Library Supplies
1006030-43110 1006030-52110
Strategic Plan Goal:
This item aligns with Strategic Goal F: Communication and Outreach to explore opportunities to add or modify community events and activities. By utilizing this grant funding to provide library patrons with a user-driven program to grow the library’s collection through Zip Books, we can better capture the needs of our community.
Background:
The California State Library Zip Book Project is an alternative model for interlibrary loan service that bridges the gap between a library’s regular collection development practice and a home delivery service. The purpose of the Zip Book Project is to provide patrons with speedy access to materials they might not otherwise be able to get through the library without long wait times often associated with requests. Under the Zip Book Project, 3 9
5 2
patrons request books that the library does not currently own. The library orders the book from Amazon, and it is shipped directly to the patron’s home. Upon finishing the book, the patron returns the book to the library, and it is then added to the library’s collection and placed in general circulation.
The Zip Book Project began as a pilot project in 2011 and has since become extremely popular with libraries and library users. Since its inception, the number of participating libraries has increased to include 99 library jurisdictions, including the Victorville City Library.
Discussion:
While the City’s grant application was approved with an award of $12,198 to be used in implementing the Zip Book Project; formal acceptance of the grant and associated appropriations to the 2024-2025 budget is necessary. The library began as a recipient in Fiscal year 2019/2020. Last funding cycle, the library received $9,000 in funds that serviced 169 patrons and 605 books cataloged to the library. Over the course of the library’s participation in this program, it is estimated that 3,100 books were added to the library’s collection. Participation in this program bridges the gap between demand and availability, convenient access to a wider range of materials, and creates a patron-driven collection development, which is a significant enhancement of services to the community.
Staff remains available for questions the Council may have.
Attachments: A. City Council Resolution No. 25-005 Accepting the California State Library Zip Book Project Grant
B. City Council Resolution No. 25-006 Amending the FY 24/25 Budget
C. Award Letter
D. Award Agreement and Certificate of Compliance
Attachment A
RESOLUTION NO. 25-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE
ACCEPTING THE CALIF ORNIA STATE LIBRARY ZIP BOOK GRANT IN THE AMOUNT OF $12,198; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS AND ADMINISTER THE OVERALL PROJECT;
AND A UTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE ANY
AMENDMENTS TO THE AGREEMENT AS DEEMED NECESSARY
WHEREAS, the City of Victorville 2023- 2026 Strategic Plan, Goal F provides for the exploration of opportunities to add or modify community events and activities; and WHEREAS, the California State Library has awarded the City $12,198 to support the Zip Book Project; and
WHEREAS, the City desires to enter into the Grant Agreement with the California State Library for the implementation of the Zip Book Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct, and are hereby incorporated by this reference.
Section 2. Contract Agreement
The City Council hereby authorizes the execution of the contract between the City and the California State Library to accept and use the Zip Book Project funding to administer the Zip Book Project at the Victorville City Library.
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 the Zip Book Project grant funds and administer the approved program, including the execution of agreements necessary to administer the approved grant project and budgeted items provided no contracts exceed the City Manager Contract Author ity provided by Section 2.28.060 of the Victorville Municipal Code.
Section 4. Effective Date
This Resolution shall take effect immediately upon its adoption.
Attachment B
RESOLUTION NO. 25-006
A RESOLUTION TO 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 ORDAIN 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
1006030-43110 (REVENUE) $12,198
1006030-52110 (SUPPLIES) $12,198
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
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
December 26, 2024
Donna Meester, Director of Community Services
Victorville City Library
14343 Civic Drive
Victorville, CA, 92393-5001
Subject: Zip Books Project ZIP24-85
Dear Ms. Donna Meester:
We are pleased to approve the grant application for the Zip Book Project for a total of $12,198 in California Library Services Act funds. Over the 2024-25 grant period, please take steps to ensure that as many Zip Books as possible are added to your permanent library collection.
Hard copies of this correspondence will not follow. Keep the entirety of the correspondence for your files and consider these award materials your original documents.
This grant is governed by the attached Grant Agreement and Certification of Compliance, which includes the project period, reporting requirements, and payment schedule as well as the proposal outlining the project plan and budget. Please sign the claim and certification forms at the back of your award packet using the DocuSign system. Please understand that it can take from six to eight weeks from receipt of a fully executed claim form with no errors before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.
The Grant Monitor assigned to your project is Monica Rivas. She is available to assist you throughout the year and she can be reached via email at [email protected].
Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.
Best wishes for a successful project.
Respectfully yours,
Greg Lucas
California State Librarian
CC: Monica Rivas, [email protected]
Annly.roman, [email protected]
Yesenia.urdarbe, [email protected]
Mickey, [email protected]
Arnold Castro, [email protected]
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Attachment D
STATE-FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
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TABLE OF CONTENTS
PROJECT SUMMARY
2 PROCEDURES and REQUIREMENTS
3 A. Term of the Agreement
3 B. Scope of Work
3 C. Budget Detail
3 D. Narrative and Financial Reports
4 E. Claim Form and Payment
5 EXHIBIT A: TERMS and CONDITIONS
7 EXHIBIT B: CERTIFICATION of COMPLIANCE FORMS 22
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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and Victorville City Library for the Zip Books project.
AWARD AGREEMENT NUMBER ZIP24-85
This Award Agreement (“Agreement”) is entered into on 7/1/2024 by and between the California State Library (“State Library”) and Victorville City Library, (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded ZIP 24-85 Victorville City Library project.
The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds in the amount of $12198 through the process adopted by the State Library in administering such grants.
The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:
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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until 8/31/2025. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on 8/31/2025 and all eligible program costs must be incurred by this date.
B. Scope of Work
1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the Zip Books Grant.
2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). Make financial records available to the State Library upon request. Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
Prepare and submit required narrative and financial reports. Procure equipment, and other supplies as needed for the project. Issue contracts for services, personnel, and consultants as needed for the project.
If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
Oversee the implementation of project activities.
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.
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D. Narrative and Financial Reports
1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.
2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
July 01, 2024-
December 31,
2024
1st Financial and Mid Project Program
Narrative Report Due
January 31, 2025
January 01,2025 –
April 30, 2025
2nd Financial Report Due May 31, 2025
July 01, 2024 –
August 31, 2025
Final Financial Report, Expenditure Detail
Report and Final Program Narrative Report
Due
September 31,
2025
4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.
6. In addition to the foregoing, the Grantee shall submit to the State Library such periodic reports, updates, documents and any information as deem necessary by the State Library to monitor compliance and/or perform program Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 Victorville City Library
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evaluation. Any requested data or information shall be submitted in electronic format on a form specified by the State Library.
E. Claim Form and Payment
1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.
2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.
3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.
4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.
5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.
7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.
The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.
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8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.
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EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the current Web Content Accessibility Guidelines, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.
However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its website that are in compliance with these standards.
2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the Zip Books.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
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“Funding provided by the State of California.”
c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.
3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 Victorville City Library
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whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.
8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:
Victorville City Library
Tony Camargo
14343 Civic Drive
Victorville, 92393-5001
760-955-5114
[email protected]
California State Library
Monica Rivas
900 N Street
Sacramento, CA 95814
916-603-7159
[email protected]
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1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.
2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.
3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.
4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.
5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 Victorville City Library
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the Grantee shall continue with its responsibilities under this Agreement during any dispute.
6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.
7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.
8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.
9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.
10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 Victorville City Library
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terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.
12. Failure to Perform: The grant being utilized by the Grantee is to benefit the Zip Books. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.
13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.
14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.
15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 Victorville City Library
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including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.
16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.
17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.
18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.
The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and, in a manner, consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.
19. Grantee: the government or legal entity to which a grant is awarded, and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.
20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.
21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.
22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 Victorville City Library
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devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.
23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
24. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.
25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $ 12198 and shall be expended/encumbered in the designated award period.
During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.
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26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.
27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.
Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non- discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.
28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 Victorville City Library
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the last e-mail address of the recipient known to the party giving notice.
Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.
29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).
Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.
30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 Victorville City Library
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such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.
31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.
33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.
34. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.
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35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.
36. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.
Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.
37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.
38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.
39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.
40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.
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41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $ 12198 upon execution of the agreement and submission of claim by the grantee organization.
o If applicable, second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of $ 0
o If applicable, final payment will be made upon approval of all final reports and receipt of claim form in the amount of 0.
42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.
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43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.
44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.
45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.
46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.
47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.
48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 Victorville City Library
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by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.
49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.
50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.
The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.
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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.
2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.
3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.
4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.
5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount 12198. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.
6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).
7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
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b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)
8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
a. No 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.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 10411):
a. 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. b. 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 Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 Victorville City Library
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the proposed contract within the 12-month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code § 10430 (e)).
9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).
10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.
13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug- free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.
14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.
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15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.
16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.
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Certification
ORGANIZATION
Name: Address (official and complete):
PROJECT COORDINATOR
Name:
Email: Phone:
GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature: Date:
Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 [email protected]
Tony Camargo
Victorville City Library
ZIP 24-85 Victorville City Library
2024-2025 ZIP24-85
Authorized Representative Signature
ORGANIZATION
Name: Address (official and complete):
AUTHORIZED REPRESENTATIVE
Signature: Date:
Title:
STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:
Printed Name of Person Signing: Title: California State Librarian Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 12/30/2024
Printed Name of Person Signing:
Tony Camargo
Victorville City Library
ZIP 24-85 Victorville City Library
2024-2025 ZIP24-85
April 25, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp- content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial- sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.
Annly Roman
California State Library
900 N Street
Sacramento, CA 95814
Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045
CALIFORNIA LIBRARY SERVICES ACT
FINANCIAL CLAIM
PAYMENT IN FULL
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.
By
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].
State of California, State Library Fiscal Office
ENY: 2024 ITEM NO: 6120-211-0001, Chapter 22, Statutes of 2024 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: LS or N/A
By Date
(State Library Representative)
Grant Award #: ZIP24-85 Date:
Invoice #: ZIP24-85-01 PO #: 7683
Payee Name: Victorville City Library
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:
Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $12,198 Type of Payment:
(Payable Upon Execution of Agreement) ☐ PROGRESS
Grantee Name: Victorville City Library ☐ FINAL
(Name on Award Letter and Agreement) ☒ IN FULL
Project Title: Zip Books Project ☐ AUGMENT
For Period From: upon execution to end of grant period
Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045 (Signature of the Authorized Representative)
Deputy City ManagerTony Camargo
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)
CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL ☐ MEDICAL (e.g., dentistry, chiropractic, etc.)☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.
The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.
If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.
Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.
For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).
For Single Member LLC (disregarded entity), in which the s ole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.
For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.
Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ __
_
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ __
_ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)
☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No servic
es performed in California
☐Copy of Franc
hise Tax Board waiver of state withholding is attached.
Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.
Should my residency status change, I will promptly notify the state agency below.
NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAI L ADDRESS SIG
NATURE DATE TELE
PHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:
STATE AGENCY/DEPARTMENT OFFICE UN IT/SECTION
MAI
LING ADDRESS FAX TEL
EPHONE (include area code)
CITY ST ATE ZI P CODE E-M AIL ADDRESS
Print Form
Reset Form
Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.
Prompt return of this fully completed form will prevent delays when processing payments.
Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).
NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.
A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.
Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).
Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subjec t to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Singl
e Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the i
ndividual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Nam e. • Note: for the S
tate of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level . • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.
Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.
Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.
Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g. , services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the st ate provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax com pliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.
Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An es
tate is a resident if the decedent was a California resident at time of death. • A tr
ust is a resident if at least one trustee is a California resident. o For
individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose an d any
individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that wi
ll extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short dur
ation will be considered a nonresident.
For
information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Wi
thholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For
hearing impaired with TDD, call: 1-800-822-6268 Website: ww w.ftb.ca.gov
Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signe e can provide a power of attorney documented for the individual.
Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.
Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.
All questions should be referred to the requesting state agency listed on the bottom front of this form.
Docusign Envelope ID: DB28FAF4-202C-4C1F-8FDB-E261A39A5045