City of Hesperia City Council Chambers
Meeting Minutes - Final 9700 Seventh Ave.
City Council Hesperia CA, 92345
City of Hesperia
Tuesday, February 15, 2022 6:30 PM
REGULAR MEETING AGENDA
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HESPERIA HOUSING AUTHORITY
HESPERIA COMMUNITY DEVELOPMENT COMMISSION
HESPERIA WATER DISTRICT
FIRE PROTECTION DISTRICT - SPECIAL MEETING
February 15, 2022
9700 7th Avenue, Council Chambers, Hesperia, CA 92345
CLOSED SESSION - 5:30 PM
Roll Call
Present: 5 - Mayor Bennington, Mayor Pro Tem Holland, Council Member Bird, Council Member Gregg and Council Member Swanson
Conference with Legal Counsel - Potential Litigation: Government Code Section 54956.9(d)2
1. Two (2) Cases
Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(d)1
1. Assistant Secretary for FHEO v. City of Hesperia, California, et al.; Case Number 09-16-4717-8 CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
c. Roll Call
Present: 5 - Mayor Bennington, Mayor Pro Tem Holland, Council Member Bird, Council Member Gregg and Council Member Swanson
D. Agenda Revisions and Announcements by City Clerk
Closed Session Reports by City Attorney
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) City of Hesperia
Bob Nelson commented on community issues.
Daniel Krist commented on community issues.
JOINT CONSENT CALENDAR
Item 7 was pulled from the consent calendar to be considered separately.
A motion was made by Holland, seconded by Swanson, that the Joint Consent Calendar, minus item 7, be approved. The motion carried by the following vote:
Aye: 5 - Bennington, Bird, Swanson, Holland and Gregg
Nay: 0
1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, February 1, 2022.
Recommended Action:
It is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, February 1, 2022.
Sponsors: Assistant City Clerk Erin Baum
2. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Commission - Water)
Recommended Action:
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Sponsors: Director of Administrative Services Casey Brooksher
3. Treasurer's Cash Report for the unaudited period ended December 31, 2021 Recommended Action:
It is recommended that the Council/Board accept the Treasurer's Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Hesperia Water District.
Sponsors: Director of Administrative Services Casey Brooksher Printing Services Contract Amendment
Recommended Action:
It is recommended that the City Council and Board of Directors for the Hesperia Housing Authority (HHA) and Hesperia Water District (HWD) authorize the City Manager to approve an amendment to the existing contract with Wirz and Company Printing, Inc. for an additional $30,000 for a revised not-to-exceed contract amount of $110,000.
Sponsors: Director of Administrative Services Casey Brooksher
5. Amendment to the Contract with NBS for a Fiscal Impact Analysis Report Recommended Action:
City of Hesperia
It is recommended that the City Council authorize the City Manager to amend the current agreement with NBS Government Finance Group (NBS) by $21,000, to include a Fiscal Impact Analysis (FIA) report related to the Non-Bonded Residential Community Facilities District (CFD) formation services landowner vote as well as extend the contract an additional year to June 30, 2023. Upon approval, the amended contract total with NBS will not exceed $37,000.
Sponsors: Director of Administrative Services Casey Brooksher
6. Consideration of Contract with OpenGov, Inc. for Budgeting & Planning Software Recommended Action:
It is recommended that the City Council authorize the City Manager to enter into a five-year agreement with OpenGov, Inc. (OpenGov), in an amount not-to-exceed $250,534, to provide software pertaining to the development and preparation of the City's budget.
Sponsors: Director of Administrative Services Casey Brooksher
8. Final Tract Map 18214
Recommended Action:
It is recommended that the City Council adopt Resolution No. 2022-06approving Final Tract Map No. 18214 to create a 36 Single-family Residential lot subdivision on approximately 21.9 gross acres in the R1-18000 zone located south of Ranchero Road between Glider Avenue and Jenkins Avenue. (Applicant: Prime 40 West, LLC APN: 0397-091-05 and 0397-161-10, 12, 13and 17).
Sponsors: Administrative Analyst Bethany Hudson
Item 7 was pulled from the consent calendar and considered separately.
7. Resolution Supporting the "Brand-Huang-Mendoza Tripartisan Land Use Initiative" Recommended Action:
It is recommended that the City Council adopt Resolution No. 2022-008 to express support of the "Brand-Huang-Mendoza Tripartisan Land Use Initiative" to amend Article Xi of the constitution of the State of California to ensure zoning and land use decisions remain in local control and are community affairs.
Sponsors: Management Analyst Jamie Carone
Bob Nelson commented on item 7.
A motion was made by Holland, seconded by Swanson, that this item be approved. The motion carried by the following vote:
Aye: 5 - Bennington, Bird, Swanson, Holland and Gregg
Nay: 0
PUBLIC HEARING
City of Hesperia
9. Specific Plan Amendment SPLA21-00004; Applicant: Anastasi Properties; APNs: 0405-052-03 thru 07 Recommended Action:
The Planning Commission recommends that the City Council introduce and place on first reading Ordinance No. 2021-11 approving Specific Plan Amendment SPLA21-00004 to change approximately 35 gross acres from Office Park (OP) to Low Density Residential (LDR) with a minimum lot size of 7,200 square feet.
sponsors: Senior Planner Ryan Leonard
A motion was made by Holland, seconded by Gregg, that this item be denied. The motion carried by the following vote:
Aye: 5 - Bennington, Bird, Swanson, Holland and Gregg
Nay: 0
10. Adoption of Resolution Establishing the Formation of Community Facilities District No. 2021-1 (Residential Maintenance and Services) and Future Annexation Area, Calling for a Special Election, and Declaring the Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien Recommended Action:
It is recommended that the City Council conduct the Public Hearing and after receiving public testimony and deliberation: 1) Adopt a Resolution Establishing the Formation of the City of Hesperia Community Facilities District No. 2021-1 (Residential Maintenance and Services) ("CFD 2021-1") and Future Annexation Area, 2) Adopt a Resolution Calling a Special Election and 2) Adopt a Resolution Declaring the Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien.
Sponsors: Assistant City Manager Rachel Molina and Director of Administrative Services Casey Brooksher
A motion was made by Holland, seconded by Bird, that Resolution 2022-10 be approved. The motion carried by the following vote:
Aye: 5 - Bennington, Bird, Swanson, Holland and Gregg
Nay: 0
A motion was made by Holland, seconded by Bird, that Resolution 2022-11 be approved. The motion carried by the following vote:
Aye: 5 - Bennington, Bird, Swanson, Holland and Gregg
Nay:
The City Clerk announced the results of the Special Tax Election and completed the Canvass; One (1) Ballot representing 22 votes;
Yes votes: 22
No votes: 0
A motion was made by Gregg, seconded by Swanson, that Resolution 2022-12 be approved. The motion carried by the following vote:
Aye: 5 - Bennington, Bird, Swanson, Holland and Gregg
Nay:
City of Hesperia
A motion was made by Bird, seconded by Gregg, approving that Ordinance 2022-01 be adopted.
The motion carried by the following vote:
Aye: 5 - Bennington, Bird, Swanson, Holland and Gregg
Nay: 0
NEW BUSINESS
11. Fiscal Year 2021-22 Mid-Year Budget Review
Recommended Action:
It is recommended that the Fiscal Year (FY) 2021-22 Mid-Year Budget Review be received and filed and the related following resolutions, which amend the respective FY 2021-22 Budgets for the City of Hesperia and the Hesperia Water District be approved:
1) City of Hesperia Resolution No. 2022-09
2) Hesperia Water District HWD 2022-02
Sponsors: Director of Administrative Services Casey Brooksher A motion was made by Gregg, seconded by Swanson, that these resolutions be approved. The motion carried by the following vote:
Aye: 5 - Bennington, Bird, Swanson, Holland and Gregg
Nay: 0
12. Discussion on Opposition to Vaccine and Mask Mandates Recommended Action:
It is recommended that the City Council discuss and provide staff with direction on vaccine verification and mask mandates for local business.
Sponsors: Assistant City Manager Rachel Molina
A motion was made by Holland, seconded by Gregg that an Ordinance be brought forward. The motion carried by the following vote:
Aye: 5 - Bennington, Bird, Swanson, Holland and Gregg
Nay: 0
13. Discussion on Supporting Legislation that Limits Gubernatorial Emergency Orders Authority to a Designated Timeframe Unless Extended by an Act of the Legislature Recommended Action:
It is recommended that the City Council discuss supporting legislation that limits gubernatorial emergency orders authority to a designated timeframe unless that timeframe is extended by an act of the legislature.
Sponsors: Assistant City Manager Rachel Molina
A motion was made by Holland, seconded by Gregg that a resolution be brought forward. The motion carried by the following vote:
City of Hesperia
Aye: 5 - Bennington, Bird, Swanson, Holland and Gregg
Nay: 0
COUNCIL COMMITTEE REPORTS AND COMMENTS
Council Member Bird commented on upcoming VVTA, Tri Agency, and VVWRA meetings, thanked the Family for help with Valentine gifts, thanked City staff, and congratulated Hesperia High School boys soccer, wrestling athletes from all HUSD high schools, Oak Hills High School boys basketball and soccer all for moving on in the CIF playoffs.
Council Member Swanson commented on Hesperia High School boy soccer playing in the snow, the City's 5-year CIP consideration at the last SBCTA meeting, Development Impact Fees, the weather, and thanked City, Police and Fire staff
Council Member Gregg commented on Valentine's Day, the weather, Council Member Bird's attendance at the upcoming Tri Agency meeting, thanked City, Police and Fire staff, and reminded everyone to drive safely.
Mayor Pro-Tem Holland commented on zoning changes, asked that a moratorium on particular zone changes be brought back for consideration, a recent HUSD board resignation, and thanked his wife Lynette for 40 years of marriage and their wedding anniversary February 19th.
Mayor Bennington made a request for an item to consider changing residency requirements for the CCAC commented on her recent attendance at the Fire Tower 13 graduation, the Big Lots ribbon cutting, her coffee with the mayor event thanking the Hodson family and Six Beans coffee, a recent HUSD board member resignation, the upcoming Silverwood project ground breaking on February 24th, public commenter behavior, thanked City, Fire and Police staff, and reminded everyone to be safe in the snowy conditions.
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
City Attorney commented on the disparity current mask standards.
ADJOURNMENT
The meeting was adjourned at 8:44 PM
Erin Baum,
Assistant City Clerk
City of Hesperia