Agenda — Hesperia City Council, March 1, 2022

Tuesday, March 1, 2022
Meeting Agenda
Closed Session - 5:30PM

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HOUSING AUTHORITY

COMMUNITY DEVELOPMENT COMMISSION

WATER DISTRICT
City Council Chambers
9700 Seventh Ave., Hesperia CA, 92345
City Clerk's Office: (760) 947-1007
City Council Members
Brigit Bennington, Mayor
William J. Holland, Mayor Pro Tem
Larry Bird, Council Member
Cameron Gregg, Council Member
Rebekah Swanson, Council Member
Nils Bentsen, City Manager
Eric Dunn, City Attorney
See page (3) for details on public meeting guidelines during the COVID-19 (Coronavirus) Pandemic
Item #5 removed after posting of the Agenda.

Amended Agenda
NOTE: In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 947-1007 or (760) 947-1026. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

Came
ron Gregg, Mayor 9700 Seventh Avenue
Brigit Bennington, Mayor Pro Tem Hesperia, CA 92345 Larry Bird, Council Member
Bill Holland, Council Member 760-947-1000
Rebekah Swanson, Council Member TD 760-947-1119
Nils Bentsen, City Manager www.cityofhesperia.us
Gateway to the High Desert
City of Hesperia
Public Access to City Council Meetings:

City Council meetings are now open to the public within the guidelines provided by the State which may include wearing masks and socially distancing from other attendees.

Public Comments can be made in- person at City Council Meetings and/or can be submitted via telephone recording that will be played during the meeting.

City Council meetings may be viewed live or af ter the event on the City’s website at www.cityofhesperia.us.

Remote Public Comment:

Public Comments Made By-Telephone Process
Public comments will b e accepted in advance until 5: 30 pm on the day of the scheduled meeting by calling and leaving a recor ded message at (760) 947-1 056. Comments received past 5:30 pm will not be included in the record. If you would like to comment remotely, please follow the protocols below:
• Call ( 760)947-1056 to leav e a detailed message of your public comment.

• Identify your name and the item you wish to comment on in your message.

• Contact information in your voicemail is optional, but will allow staff to easily follow up with you if necessary.

• Each public comment received by voicemail will be played by a staff member for up to three (3) minutes for Consent Calendar/New Business items and up to five (5) minutes for Public Hearing items.

Remote public comments received outside of the comment period outlined above will not be included in the record.

March 1, 2022City Council Meeting Agenda

REGULAR MEETING AGENDA

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HESPERIA HOUSING AUTHORITY

HESPERIA COMMUNITY DEVELOPMENT COMMISSION

HESPERIA WATER DISTRICT
9700 7th Avenue, Council Chambers, Hesperia, CA 92345
As a courtesy, please silence your cell phones and other electronic devices while the meeting is in session. Thank you.

Prior to action of the Council, any member of the audience will have the opportunity to address the legislative body on any item listed on the agenda, including those on the Consent Calendar.

Individuals wishing to speak during General Public Comments or on a particular numbered item must submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.

In compliance with the Brown Act, the City Council may not discuss or take action on non-agenda items or engage in question and answer sessions with the public. The City Council may ask brief questions for clarification; provide a reference to staff or other resources for factual information and direct staff to add an item to a subsequent meeting.

CLOSED SESSION - 5:30 PM
Roll Call
Mayor Brigit Bennington
Mayor Pro Tem William J. Holland
Council Member Larry Bird
Council Member Cameron Gregg
Council Member Rebekah Swanson
Conference with Legal Counsel - Potential Litigation:

Government Code Section 54956.9(d)2

1. One (1) Case
Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(d)1

1. CalCIMA, et al. v. Cal. Fish and Game Comm'n.

CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag

Page 1 ends

March 1, 2022City Council Meeting Agenda
C.

Roll Call
Mayor Brigit Bennington
Mayor Pro Tem William J. Holland
Council Member Larry Bird
Council Member Cameron Gregg
Council Member Rebekah Swanson
D. Agenda Revisions and Announcements by City Clerk
E. Closed Session Reports by City Attorney
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Individuals wishing to speak during General Public Comments or on a particular numbered item are requested to submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the joint agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.

JOINT CONSENT CALENDAR

1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, February 15, 2022.

Recommended Action:

It is
recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, February 15, 2022.

Staff Person: Assistant City Clerk Erin Baum
Draft CC Min 2022-02-15Attachments:

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.

Staff Person: Director of Administrative Services Casey Brooksher SR Warrant Run 3-1-2022
Attachment 1 - Warrant Run
Attachments:

Page 2 ends

Page 7 ends

Page 13 ends

March 1, 2022City Council Meeting Agenda

3. Golf Cart Lease Agreement
Recommended Action:

It is
recommended that City Council adopt Resolution No. 2022-15 for the lease of golf carts pertaining to the operations of the Hesperia Golf Course & Country Club (Golf Course) and authorize the City Manager to approve a five (5) year golf cart lease agreement to VGM Financial Services in the not-to-exceed amount of $335,769.

Staff Person: Director of Administrative Services Casey Brooksher SR Golf Cart Lease Agreement 3-1-2022
Resolution 2022-15
Attachments:

4. Authorize Submittal of a Recreational Trails Program Grant to the State of California Department of Parks and Recreation
Recommended Action:

It is
recommended that the City Council adopt Resolution No. 2022-014 authorizing submittal of an application for the State of California Department of Parks and Recreation for the Hesperia Golf Course Recreation Trail project.

Staff Person: Management Analyst Jamie Carone
SR Recreation Trails Program Grant 3-1-2022
Resolution 2022-14
Attachments:

PUBLIC HEARING
Individuals wishing to comment on public hearing items must submit a speaker slip to the City Clerk with the numbered agenda item noted. Speaker slips should be turned in prior to an agenda item being taken up.

Comments will be limited to five minutes for Public Hearing items.

WAIVE READING OF ORDINANCES
Approve the reading by title of all ordinances and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

Page 3 ends

Page 15 ends

Page 19 ends

March 1, 2022City Council Meeting Agenda

5. Development Code Amendment DCA21-00002; Applicant: City of Hesperia; Area affected: City-wide
Recommended Action:

The Planning Commission recommends that the City Council introduce and place on first reading Ordinance No. 2022-02 approving Development Code Amendment DCA21-00002 modifying development standards associated with metal accessory buildings.

Staff Person: Senior Planner Ryan Leonard
SR Development Code Amendment DCA21-00002
Ordinance 2022-02
Attachment 1 - Exhibit A
Attachment 2 - Planning Commission Staff Report
Attachments:

6. Fourth Public Hearing - Redistricting due to 2020 Census Recommended Action:

It
is recommended that the City Council 1.) Conduct the fourth public hearing, receiving input from the community on draft maps and the redrawing of election district boundaries; and 2.) Provide direction to staff regarding which map should be considered for inclusion in the Ordinance to adopt new district boundaries for the City of Hesperia; and 3.) Place on first reading Ordinance 2022-03 amending Hesperia Municipal Code 1.09 adopting revised City Council District Boundaries.

Staff Person: Director of Government Services/City Clerk Melinda Sayre SR Fourth Public Hearing Redistricting 3-1-2022
Attachment 1 - NDC 101b
Attachment 2 - NDC 101c
Attachment 3 - NDC 101d
Attachment 4 - NDC 101e
Attachment 5 - NDC 101 Map January 18, 2022 Third Public Hearing Attachment 6 - NDC 102 Map Janaury 18, 2022 Third Public Hearing Attachment 7 - NDC 103 Map January 18, 2022 Third Public Hearing Ordinance 2022-03
Attachment 9 - Exhibit A Map to be selected at meeting
Attachments:

Page 4 ends

Page 23 ends

Page 39 ends

March 1, 2022City Council Meeting Agenda

7. Amendment to Title 5, Chapter 5.03 of the Hesperia Municipal Code related to granting businesses autonomous choice in requiring proof of vaccinations and/or masks in their establishments.

Recommended Action:

It is recommended that the City Council introduce and place on first reading Ordinance 2022-04 regarding granting businesses autonomous choice in requiring proof of vaccinations and/or masks in their establishment.

Staff Person: Assistant City Manager Rachel Molina
SR Grant Businesses Autonomous Choice 3-1-2022
Ordinance 2022-04
Attachment 2- Exhibit A
Attachments:

NEW BUSINESS

8. Composition of City Council Advisory Committee
Recommended Action:

It
is recommended that the City Council adopt Resolution No. 2022-16, updating the residency requirements of the City Council Advisory Committee (CCAC).

Staff Person: Director of Government Services/City Clerk Melinda Sayre SR CCAC Composition Update 3-1-2022
Resolution 2022-16
Attachments:

COUNCIL COMMITTEE REPORTS AND COMMENTS
The Council may report on their activities as appointed representatives of the City on various Boards and Committees and/or may make comments of general interest or report on their activities as a representative of the City.

CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
The City Manager, City Attorney or staff may make announcements or reports concerning items of interest to the Council and the public.

ADJOURNMENT

Page 5 ends

Page 59 ends

Page 65 ends

March 1, 2022City Council Meeting Agenda
I, Melinda Sayre, City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Thursday, February 24, 2022 at 5:30 p.m. pursuant to California Government Code §54954.2. _____________________________
Melinda Sayre,
City Clerk
Documents produced by the City and distributed less than 72 hours prior to the meeting regarding items on the agenda will be made available in the City Clerk's Office during normal business hours.

Page 6 ends

City of Hesperia
City of Hesperia
Meeting Minutes - Draft
City Council
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
E. Closed Session Reports
by City Attorney
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) City Council Chambers
9700 Seventh Ave.

Hesperia CA, 92345

Page 7 ends

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. T he 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 - W
ater)
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

4. 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:

Page 8 ends

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 with 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 am
ount 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-famil
y 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-M
endoza 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

Page 9 ends

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 ap
proving 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 a
nd 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 follow ing 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: 0
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 follow
ing vote:

Aye: 5 - Bennington, Bird, Swanson, Holland and Gregg
Nay: 0

Page 10 ends

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 am
end 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 b
y 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 timefram
e 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:

Page 11 ends

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 Hearn 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

Page 12 ends

City of Hesperia

STAFF REPORT
DATE: March 1, 2022
TO: Mayor and Council Members
City Council, as Successor Agency to the Hesperia Community Redevelopment Agency
Chair and Commissioners, Hesperia Housing Authority
Chair and Commissioners, Community Development Commission Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Anne Duke, Deputy Finance Director
Fatima Jacobo, Accountant
SUBJECT: 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.

BACKGROUND
The Warrant Run totals represented below are for th e period January 15, 2022 through January 28, 2022.

ATTACHMENT(S)

1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $2,103,199.67 $225,053.36 $0.00 $2,328,253.03 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 9,500.00 0.00 0.00 9,500.00
Community Development Commission 0.00 0.00 0.00 0.00
Water 148,393.87 106,516.68 0.00 254,910.55
Totals $2,261,093.54 $331,570.04 $0.00 $2,592,663.58

Page 13 ends

YEAR-TO PRIOR FY YTD

W/E W/E WARRANT DATE DATE
FUND # FUND NAME 1/20/2018 1/27/2018 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 87,134.05$ 1,692,716. 96$ 1,779,851. 01$ -$ 17,070,159. 44$ 15,610,178. 71$ 204 MEASURE I - RENEWAL -$ 1,185.00$ 1,185.00$ -$ 85,493.86$ 539,131.75$ 207 LOCAL TRANSPORT-SB 325 167.43$ -$ 167.43$ -$ 25,259.36$ 16,902.70$ 209 GAS TAX-RMRA -$ -$ -$ -$ 67,468.24$ 2,751,697. 93$ 210 HFPD (PERS) -$ -$ -$ -$ 1,007,746. 00$ 975,994.00$ 251 CDBG 135.00$ -$ 135.00$ -$ 595,703.30$ 643,339.84$ 254 AB2766 - TRANSIT -$ -$ -$ -$ -$ -$
256 ENVIRONMENTAL PROGRAMS GRANT 51.70$ 1.50$ 53. 20$ -$ 23,249.34$ 15,866.43$ 257 NEIGHBORHOOD STABILIZATION PROG -$ -$ -$ -$ -$ 5,404.88$ 258 CDBG-CV CARES ACT -$ -$ -$ -$ -$ -$
260 DISASTER PREPARED GRANT -$ -$ -$ -$ -$ -$
263 STREETS MAINTENANCE 17,251.43$ 55,486.86$ 72,738.29$ -$ 1,056,766. 02$ 1,455,564. 29$ 300 DEV. IMPACT FEES - STREET -$ -$ -$ -$ 35,488.33$ 269,608.05$ 301 DEV. IMPACT FEES - STORM DRAIN -$ -$ -$ -$ 34,769.50$ 57,440.67$ 302 DEV. IMPACT FEES - FIRE -$ -$ -$ -$ -$ -$
303 DEV. IMPACT FEES - POLICE -$ -$ -$ -$ 23,330.00$ -$ 304 DEV. IMPACT FEES - PUBLIC WKS. -$ -$ -$ -$ -$ -$ 306 DEV. IMPACT FEES - 2018-STREETS 219.40$ 1,422.37$ 1,641.77$ -$ 112,858.08$ -$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ -$ 6,888.17$ -$ 313 DIF A-04 DRAINAGE -$ -$ -$ -$ 963,024.00$ -$ 396 DEVELOPMENT IMPACT -$ -$ -$ -$ -$ -$
399 FEMA-1203-DR (DISASTER) -$ -$ -$ -$ -$ -$
400 2004 STREETS -$ -$ -$ -$ -$ -$
401 CITY DEBT SERVICES -$ -$ -$ -$ -$ -$
402 WATER RIGHTS ACQUISITION 2,042.00$ -$ 2,042.00$ -$ 1,076,377. 70$ 1,061,726. 83$ 403 2013 REFUNDING LEASE REV BONDS -$ -$ -$ -$ 635,512.25$ 2,190.00$ 501 CFD 91-3 BELGATE -$ -$ -$ -$ -$ -$
504 CITY WIDE STREETS - CIP -$ 815.84$ 815. 84$ -$ 713,487.35$ 361,022.84$ 509 CITY FACILITIES CIP -$ -$ -$ -$ -$ -$
800 EMPLOYEE BENEFITS 163,733.17$ 78,537.96$ 242,271.13$ -$ 4,595,696. 59$ 4,246,305. 12$ 801 TRUST/AGENCY 16.00$ 2,283.00$ 2,299.00$ -$ 1,626,801. 44$ 1,381,729. 13$ 802 AD 91-1 AGENCY -$ -$ -$ -$ -$ -$
804 TRUST-INTEREST BEARING -$ -$ -$ -$ 28,905.00$ 65.00$ 807 CFD 2005-1 -$ -$ -$ -$ 933,223.43$ 1,487,752. 46$ 808 HFPD (TRANSITION) -$ -$ -$ -$ 369,875.18$ 349,739.56$ 815 PLAN REVIEW TRUST - FRONTIER -$ -$ -$ -$ -$ -$ CITY 270,750.18$ 1,832,449.49$ 2,103,199. 67$ -$ 31,088, 082.58$ 31,231,660. 19$ 163 REDEVELOP OBLIG RETIREMENT-2018 -$ -$ -$ -$ 7,944,168. 22$ 7,586,988. 44$ SUCCESSOR AGENCY -$ -$ -$ -$ 7,944, 168.22$ 7,586,988. 44$ 370 HOUSING AUTHORITY -$ 9,500.00$ 9,500.00$ -$ 18,824.93$ 41,021.35$ HOUSING AUTHORITY -$ 9,500.00$ 9,500.00$ -$ 18,824. 93$ 41,021.35$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ 1,135.42$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ 1,135. 42$ 700 WATER OPERATING 71,876.17$ 17,964.42$ 89,840.59$ -$ 5,744,745. 69$ 11,975,298. 72$ 701 WATER CAPITAL -$ -$ -$ -$ 88,561.90$ 849,938.41$ 710 SEWER OPERATING 310.60$ 58,155.74$ 58,466.34$ -$ 2,670,952. 89$ 2,380,918. 76$ 711 SEWER CAPITAL -$ -$ -$ -$ 150,661.87$ 1,488,360. 21$ 713 SEWER CAPITAL REHAB AND REPLACE -$ -$ -$ -$ -$ 54,882.50$ 720 RECLAIMED WATER OPERATIONS -$ 86.94$ 86. 94$ -$ 236,124.52$ 234,635.83$ WATER 72,186.77$ 76,207.10$ 148,393.87$ -$ 8,891, 046.87$ 16,984,034. 43$ ACCOUNTS PAYABLE TOTAL 342,936.95$ 1,918,156.59$ 2,261,093. 54$ -$ 47,942,122. 60$ 55,844,839. 83$ REG. PAYROLL
City 225,053.36$ -$ 225,053.36$ -$ 3,522,824. 02$ 3,180,220. 05$ Housing Authority -$ -$ -$ -$ 745.24$ 3,408.96$ Water 106,516.68$ -$ 106,516.68$ -$ 1,544,485. 10$ 1,504,852. 80$ PAYROLL TOTAL 331,570.04$ -$ 331,570.04$ -$ 5,068,054. 36$ 4,688,481. 81$ City of Hesperia

WARRANT RUNS
01/15/2022-01/28/2022
* The year to date totals for this Warrant Report are for the 2021-22 fiscal year starting July 1, 2021; however, the year-to-date totals include a total of $219,412.79 in payments issued on 6/28/21 and 6/29/21.

Attachment 1

Page 14 ends

City of Hesperia

STAFF REPORT
DATE: March 1, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Keith Cheong, Management Analyst
SUBJECT: Golf Cart Lease Agreement

RECOMMENDED ACTION
It is recommended that City Council adopt Resolution No. 2022-15 for the lease of golf carts pertaining to the operations of the Hesperia Golf Course & Country Club (Golf Course) and authorize the City Manager to approve a five (5) year golf cart lease agreement to VGM Financial Services in the not-to-exceed amount of $335,769.

BACKGROUND
In April 2010, the former Hesperia Community Redevelopment Agency purchased the Golf Course, while the City of Hesperia (City) purchased the associated water rights . Upon the dissolution of the RDA on February 1, 2012, the Golf Course’s ownership was transfe rred to the City. On August 16, 2011, after the City conducted an extensive public outreach program in order to determine the long-term use of the property, the City Council voted to maintain the property as a golf course and negotiate with the Hesperia R ecreation and Parks District (HRPD) for an agreement to operate and maintain the golf course. The HRPD managed the operations and maintenance of the golf course until the HRPD notified the City in June 2019 that they were no longer interested in continuing operations and the agreement expired in September 2019.

On August 20, 2019, the City Council authorized the award of a five (5) year professional services agreement to Donovan Bros. to assume golf course operations management from the HRPD and to make capital improvements.

ISSUES/ANALYSIS
The City’s current golf carts lease agreement for the Golf C ourse is currently set to expire on June 16, 2022. Due to the age of the existing fleet of golf carts, the City solicited quotes for a new five (5) year lease of new golf carts to replace the existing fleet. Three quotes were obtained by the City with VGM Financial Services determined to be the lowest bidder.

FISCAL IMPACT
Initial payment s for the golf cart lease are paid for by Donovan Bros. as part of golf course operations management agreement. The City is responsible to fund the golf course operating losses incurred by Donovan Bros. Funding for the Fiscal Year (FY) 2021-22 golf course operating losses was included in the FY 2021-22 adopted budget. Funding for golf course operating losses in subsequent fiscal years will be included in the annual budgets.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENTS

1. Resolution No. 2022-15

Page 15 ends

RESOLUTION NO. 2022-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA, APPROVING THE NEGOTIATION, EXECUTION, AND
DELIVERY OF THE HESPERIA GOLF COURSE CART LEASE NO. 004 - 0857935-100, BETWEEN THE CITY OF HESPERIA AND VGM FINANCIAL

SERVICES
WHEREAS, the City of Hesperia, (the "Le ssee') is a political subdivision duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Lessee is duly authorized by applicable law to acquire such items of personal property as are needed to carry out its governmental functions and to acquire such personal property by entering into lease-purchase agreements; and WHEREAS, the Lessee hereby finds and determines that the execution of a Lease for the purpose of leasing with the option to purchase the property designated and set forth in the Lease is appropriate and necessary to the function and operations of the Lessee; and WHEREAS, VGM Financial Services, a division of The Huntington National Bank, (the "Lessor") shall act as Lessor under said Lease; and
WHEREAS, the Lease shall not constitute a general obligation indebtedness of the Lessee within the meaning of the Constitution and laws of the State;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AS FOLLOWS:

Section 1. The Lease, in substantially the form as presently before the governing body of the Lessee, is hereby approved, and the Director of Administrative Services of the Lessee, is hereby authorized to negotiate, enter into, execute, and deliver the Lease and related documents in substantially the form as presently before the governing body of the Lessee, with such changes therein as shall be approved by such officer , and which Lease will be available for public inspection at the offices of Lessee.

Section 2. The Lessee shall, and the officers, agents and employees of the Lessee are hereby authorized and directed to take such further action and execute such other documents , certificate and instruments as may b e necessary or desirable to carr y out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the Lessee with respect to the Lease.

Section 3. The Lessee's obligations under the Lease shall be expressly subject to annual appropriation by Lessee; and such obligations under the Lease shall not constitute a general obligation of Lessee or indebtedness of Lessee within the meaning of the Constitution and laws of the State of California.

Section 4. All other related contracts and agreements necessary and incidental to the Lease are hereby authorized, ratified and approved.

Page 16 ends

Resolution No. 2022-15

Page 2 of 3 ends

Section 5. This resolution shall take effect immediately upon its adoption and approval.

Section 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED this 1st day of March 2022.
_________________________________________
Brigit Bennington, Mayor
ATTEST:
___________________________________
Erin Baum, Assistant City Clerk

Page 17 ends

CERTIFICATE OF INCUMBENCY
LEASE NO. 004-0857935-100
DATED AS OF MARCH 1, 2022
I, Melinda Sayre, do hereby certify that I am the duly elected or appointed and acting City Clerk/Secretary of the City of H esperia (the "Lessee"), a political subdivision duly organized and existing under the laws of the State of California, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names.

NAME TITLE SIGNATURE
Casey Brooksher Director of Administrative Services
IN WITNESS WHEREOF, I have duly executed this certificate this 1st day of March, 2022.

Signed:

Title:

NOTE: The City Clerk or Secretary of the Lessee should sign unless that person is also the signor of the documents in which case the President or some other Officer of the Lessee should execute this document.

Page 18 ends

City of Hesperia

STAFF REPORT
DATE: March 1, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Jamie Carone, Management Analyst
SUBJECT: Authorize Submittal of a Recreational Trails Program Grant to the State of California Department of Parks and Recreation
RECO

MMENDED ACTION
It i
s recommended that the City Council adopt Resolution No. 2022-0 14 authorizing submittal of an application for the State of California Department of Parks and Recreation for the Hesperia Golf Course Recreation Trail project.

BACKG
ROUND
The Rec
reational Trails Program (RTP) is a state- administered local assistance program of the U.S. Department of Transportation’s Federal Highway Administration (FHWA). Within the State of California, the Department of Parks and Recreation is authorized to administer the program.

The RTP provides funds to the States to develop and maintain Recreational Trails and trail-related facilities for both non-motorized and motorized Recreational Trail uses.

As
a requirement of the FHWA and the Department of Parks and Recreation, all applicants must certify by resolution the approval of an application before submitting said application to the state.

The resolution authorizes the City Manager, or designee, to submit applications for the RTP grant program.

ISSU

ES/ANALYSIS
The mi
ssion of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s biological diversity, protecting its most valued natural resources, and creating opportunities for high-quality outdoor recreation.

The C
ity of Hesperia would like to create opportunities for outdoor recreation through the installation of walking trails for the public. These trails will be installed at the Hesperia Golf Course. This location provides easy access to the public thereby increasing the opportunity for residents to be active and enjoy the outdoors. The entire trail system will extend 4.5 miles around the golf course and will include signage and benches along its stretch. The installation of the trails will provide outdoor recreation, exercise, and community engagement.

Appr
oval of this resolution will allow the City to apply for funding from the Department of Parks and Recreation Recreational Trails Program and authorize the City Manager, or designee, to prepare and file the application, execute the funding agreement with the Department of Parks and

Page 19 ends

Page 2 of 2 ends

Staff Report to the Mayor and Council Members
Authorize Submittal of Application for RTP Grant
March 1, 2022
Recreation, and any amendments thereto, and submit any required documents, invoices, and reports required to obtain funding.

SCAL IMPACT
There a
re no fiscal impacts identified with this action.

TERNATIVE(S)

1. Pr
ovide alternative direction to staff
ATT

ACHMENT(S)

1. Res
olution No. 2022-014

Page 20 ends

RESOLUTION NO. 2022-014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM.

WHEREAS, the Fixing America’s Surface Transportation Act (FAST-ACT) provides funds to the State of California for Grants to federal, state, local , and non -profit organizations to acquire, develop, and/or maintain motorized and non-motorized trail Projects; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing Project Application under the program; and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of Application(s) before submission of said Application(s) to the State; and
WHEREAS, the Applicant will enter into a Contract with the State of California to complete the Project(s).

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HES PERIA CITY COUNCIL AS FOLLOWS:

Section 1. The filing of an Application for the Recreational Trails Program is approved.

Section 2. The Hesperia City Council certifies that the Project is consistent with the Applicant’s general plan or the equivalent planning document.

Section 3. The Applicant has or will have available prior to commencement of any work on the Project(s) included in this Application, sufficient funds to operate and maintain the Project(s).

Section 4. The Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide.

Section 5. The City Manager, or his or her designee, is appointed as agent to conduct all negotiations, execute , and s ubmit all documents, including, but not limited to Applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project.

Section 6. The City of Hesperia will comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.

ADOPTED AND APPROVED this 1st day of March 2022.

Page 21 ends

Resolution City Council No. 2022-014
Authorize Application for Recreational Trails Grant

Page 2 ends

______________________________
Brigit Bennington, Mayor
ATTEST:
____________________________
Erin Baum
Assistant City Clerk

Page 22 ends

City of Hesperia

STAFF REPORT
DATE: March 1, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Ryan Leonard, Senior Planner
SUBJECT: Development Code Amendment DCA21-00002; Applicant: City of Hesperia; Area affected: City-wide

RECOMMENDED ACTION
The Planning Commission recommends that the City Council introduce and place on first reading Ordinance No. 202 2-02 approving Development Code Amendment DCA21 -00002 modifying development standards associated with metal accessory buildings.

PROJECT SUMMARY
Proposal: At the request of Council Member Holland, staff has prepared a Development Code Amendment that would modify various sections of the Development Code pertaining to metal accessory buildings and metal cargo containers. Development Code Amendment DCA21-00002 would reduce the minimum required lot size for metal accessory buildings from 30,000 squa re feet to 18,000 square feet. In addition, DCA21-00001 would increase the maximum allowable accessory building area from 5% of the lot size to 7.5%; increase the maximum accessory building height from 16 feet to 20 feet; and decrease the required setbacks from 30 feet to 5 feet for metal accessory buildings that are less than 20 feet in height. The minimum lot size requirements and setbacks for metal cargo containers would remain the same. However, DCA21-00001 would add a requirement that metal storage containers be painted in an earth tone color to cover any prior logos, writing, or non-compliant paint color.

Planning Commission Review: On January 27, 202 2 the Planning Commission voted 4-0 to forward this item to the City Council with a recommendation for approval.

Conclusion: The Ordinance is consistent with the goals, policies and objectives of the General Plan and will allow more residents the ability to have metal buildings and also enjoy the expanded use of their property

ATTACHMENT(S)

1. Ordinance No. 2022-02

2. Exhibit "A"

3. Planning Commission Staff Report with attachments.

Page 37 ends

Page 23 ends

ORDINANCE NO. 2022-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA, ADOPTING A DEVELOPMENT CODE AMENDMENT TO

MODIFY VARIOUS SECTI ONS OF THE MUNICIPAL CODE PERTAINING TO

METAL ACCESSORY BUIL DINGS AND METAL CARG O CONTAINERS
(DCA21-00002)
WHEREAS, on January 5, 1998, the City Council of the City of Hesperia adopted Ordinance No. 250, thereby adopting the Hesperia Municipal Code; and WHEREAS, on November 7, 2001, the City Council of the City of Hesperia adopted Ordinance No. 2001-14, establishing regulations for metal accessory buildings in agriculture and residential zone districts; and
WHEREAS, the City proposes to amend various sections of the Municipal Code pertaining to metal accessory buildings and metal cargo containers; and WHEREAS, Development Code Amendment DCA21 -00002 would reduce the minimum required lot size for metal accessory buildings from 30 ,000 square feet to 18,000 square feet ; would increase the maximum allowable accessory building area from 5% of the lot size to 7.5%; would increase the maximum accessory building hei ght from 1 6 feet to 20 feet; and would decrease the required setbacks from 30 feet to 5 feet for metal accessory buildings that are less than 20 feet in height; and would add a requirement that metal storage containers be painted in an earth tone color to cover any prior logos, writing, or non-compliant paint color; and WHEREAS, the proposed Development Code Amendment is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3 ), where it can be seen with certainty that there is no significant effect on the environment. The proposed Amendment is also exempt from the requirements of the California Environmental Quality Act by Section 16.12. 415(B)(10) of the City’s CEQA Guidelines , as the Amendment is exempt if it does not propose to increase the density or intensity allowed in the General Plan; and WHEREAS, on January 27, 2022, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Amendment and concluded said hearing on that date; and
WHEREAS, on March 1, 2022, the City Council of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Amendment and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. The City Council hereby specifically finds that all of the facts set f orth in this Ordinance are true and correct.

Section 2. Based upon substantial evidence presented to the Council, including written and oral staff reports, the Council specifically finds that the proposed Ordinance is consistent with the goals and objectives of the adopted General Plan.

Page 38 ends

Page 24 ends

Ordinance No. 2022-02

Page 2 ends

Section 3. Based on the findings and conclusions set forth in this Ordinance, this Council hereby adopts Development Code Amendment DCA21-00002, amending various sections of the Municipal Code pertaining to metal accessory buildings and metal cargo containers as shown on Exhibit “A.”
Section 4. This Ordinance shall take effect thirty (30) days from the date of adoption.

Section 5. The City Clerk shall certify to the adoption of t his Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution No. 2007-101.

ADOPTED AND APPROVED on this 15st day of March 2022.
__________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
_________________________________________
Erin Baum, Assistant City Clerk

Page 39 ends

Page 25 ends

pg. 1
EXHIBIT “A”
DCA21-00002
Ordinance No. 2022-02
Additions are underlined red text and deletions are red and strikethrough 1) The following are modifications to Article VI. - Variances and Minor Exceptions

16.12.220 - Reviewing authority.

A. The reviewing authority may grant minor exceptions and variances from any property development standard in the city's adopted development code, subject to the procedures set forth in this article, when it is found that the strict and literal interpretation of such provi sions would deny a use of property consistent with the intent and purpose of the code and the general plan.

B. Review and approval for the following minor exception requests will be through the administrative review with notice procedure, pursuant to Sect ion 16.12.005(A)(2).

8. Accessory Buildings and Structures. In residential and agricultural designations the maximum allowable aggregate accessory building and accessory structure area may be increased in accordance with the allowable area increases outlined within Sections 16.20.395 and

16.20.405. The granting of a minor exception shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and designation in which the property is situated . In reviewing a minor exception for any area increase, the reviewing authority shall also consider special circumstances relative to the proposal such as implementation of architectural elements, increased setbacks between the structure(s) and adjacent pr operties, use of landscape buffers and screening devices, and other similar devices.

9. 8. Alternative Energy Systems. The maximum height and minimum yard regulations for windmills may be adjusted pursuant to Section 16.16.063. The granting of a minor exc eption shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and designation in which the property is situated. In reviewing a minor exception, the reviewing authority shall balance the n eed for the proposed placement and additional height to increase the efficiency of the windmill with its impact potential upon the surrounding area.

10. 9. Other Exceptions. Exceptions may be considered, where in the opinion of the reviewing authority, such exceptions may not have a cumulative effect greater than those exceptions previously listed.
2) The following are modifications to 16.20.075 - Table of projections into yards and courts.

10. Non-metallic Garages, carports, sheds and other detached, enclosed accessory buildings. Metal residential and agricultural accessory buildings, cargo containers, trailers without axles and similar storage structures are also regulated by Section 16.20.420, whichever is more restrictive.

Page 40 ends

Page 26 ends

pg. 2
Under Rear Yard heading:

Allowed
May occupy no
more than
25% of
rear yard.

Minimum 5 ft.
separation
from side and rear lot lines.
3) The following are modifications to Article X. - Development Standards for Residential and Agricultural Accessory Structures

16.20.390 - Allowable accessory building area.

The size of accessory buildings permitted upon lots within the A -2 (General Agricultural) zone district shall be unlimited. Lots within all other residential and agricultural zone districts shall be permitted a one thousand (1,000) square foot aggregate ac cessory building up to a maximum aggregate accessory building area not to exceed five 7.5 percent of the net lot area. Each accessory building shall be in compliance with all Title 16 regulations. The area of a guest house or , accessory dwelling unit, or temporary dependent housing unit shall be in addition to and shall not be considered as part of the allowable accessory building area authorized under this section.

16.20.395 - Allowable accessory building area increases.

The maximum allowable aggregate accessory building area upon lots within residential and agricultural zone districts may be increased to seven and one-half percent of the net lot area with approval of a minor exception application pursuant to Chapter 16.12.

16.20.400 - Allowable accessory structure area.

The size of accessory structures permitted upon lots within the A -2 (General Agricultural) zone district shall be unlimited. Lots within all other residential and agricultural zone districts shall be permitted a maximum aggregate accessory structure area not to exceed ten 15 percent of the net lot area. The allowable accessory structure area shall be in addition to, and not a part of the allowable accessory building area. Each accessory structure shall be in compliance with all Title 16 regulations.

16.20.405 - Allowable accessory structure area increases.

The maximum allowable aggregate accessory structure area upon lots within residential and agricultural zone districts may be increased to fifteen (15) percent of the net lot area with approval of a minor exception application pursuant to Chapter 16.12.

16.20.410 - Accessory building height limitations.

Page 41 ends

Page 27 ends

pg. 3
exceed sixteen (16) twenty (20) feet in height. The allowable height increases within Section

16.20.055 shall not apply to accessory buildings.

16.20.415 - Accessory structure height limitations.

Accessory structures shall not exceed sixteen (16) feet in height except agricultural accessory structures such as windmills, silos, water tanks and similar accessory farm structures, and other specific structures which are regulated by Sectio n 16.20.060. The allowable height increases within Section 16.20.055 shall not apply to accessory structures.

16.20.420 - Metal accessory buildings.

Metal accessory buildings shall only be allowed upon lots at least thirty thousand (30,000) square feet in net area in the A, RR and R1-18000 zone districts. Metal buildings shall be located between the rear of the primary residence and the rear property line and not within thirty (30) ten feet of any side or rear property line.

16.20.425 - Cargo containers, trailers without axles and similar storage containers.

The number of storage containers upon lots within the A -2 (General Agricultural) zone district shall be unlimited. Individual storage containers shall not exceed four hundred (400) square feet in indiv idual area and nine and one -half feet in height. Storage containers within all other residential and agricultural zone districts shall not be allowed on lots less than thirty thousand (30,000) square feet in net area. In these zone districts, a maximum of one storage container per acre shall be allowed (rounding up is not permissible). Storage containers shall be located between the rear of the primary residence and the rear property line and not within thirty (30) feet of any side or rear property line. Each storage container shall be painted in an earth tone color in an adequate thickness to cover prior logos, writing and paint color. Each storage container shall be in compliance with all Title 16 regulations.

Page 42 ends

Page 28 ends

Attachment 2

Page 43 ends

Page 29 ends

Page 44 ends

Page 30 ends

Page 45 ends

Page 31 ends

Page 46 ends

Page 32 ends

pg. 1
Green Sheet Item #2, Information received after posting of the Agenda.

EXHI
BIT “A”
DCA21-00002
Ordinance 2022-
Additions are underlined red text and deletions are red and strikethrough 1) Th
e following are modifications to Article VI. - Variances and Minor Exceptions

16.12.220 - Reviewing authority.

A. The reviewing authority may grant minor exceptions and variances from any property development standard in the city's adopted development code, subject to the procedures set forth in this article, when it is found that the strict and literal interpretation of such provisions would deny a use of property consistent with the intent and purpose of the code and the general plan.

B. Review and approval for the following minor exception requests will be through the administrative review with notice procedure, pursua nt to Section 16.12.005(A)(2).

16.20.395 and 16.20.405. The granting of a minor exception shall not constitute a gra nt of special privileges inconsistent with the limitations upon other properties in the vicinity and designation in which the property is situated. In reviewing a minor exception for any area increase, the reviewing authority shall also consider special circumstances relative to the proposal such as implementation of architectural elements, increased setbacks between the structure(s) and adjacent properties, use of landscape buffers and screening devices, and other similar devices.

9. 8. Alternative Energy Systems. The maximum height and minimum yard regulations for windmills may be adjusted pursuant to Section 16.16.063. The granting of a minor exception shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and designation in which the property is situated. In reviewing a minor exception, the reviewing authority shall balance the need for the proposed placement and additional height to increase the efficiency of the windmill with its impac t potential upon the surrounding area.

Page 47 ends

Page 33 ends

pg. 2

10. 9. Other Exceptions. Exceptions may be considered, where in the opinion of the reviewing authority, such exceptions may not have a cumulative effect greater than those exceptions previously listed.
2) Th
e following are modifications to 16.20.075 - Table of projections into yards and courts.

Under Rear Yard heading:

Allowed
May occupy no
more than
25% of
rear yard.

Minimum 5 ft.
separation
from side and rear lot lines.
3) The f
ollowing are modifications to Article X. - Development Standards for Residential and Agricultural Accessory Structures

16.20 .390 - Allowable accessory building area.

The size of accessory buildings permitted upon lots within the A -2 (General Agricultural) zone district shall be unlimited. Lots within all other residential and agricultural zone districts shall be permitted a one thousand (1,000) square foot aggregate accessory building up to a maximum aggregate accessory building area not to exceed five 7.5 percent of the net lot area. Each accessory building shall be in compliance with all Title 16 regulations. The area of a guest house or , accessory dwelling unit, or temporary dependent housing unit shall be in addition to and shall not be considered as part of the allowable accessory building area authorized under this section.

16.20.395 - Allowable accessory building area increases.

16.20. 400 - Allowable accessory structure area.

Page 48 ends

Page 34 ends

pg. 3

16.20.405 - Allowable accessory structure area increases.

16.20.410 - Accessory building height limitations.

Accessory buildings shall not exceed thirty-five (35) feet in height and a maximum of two and one- half stories. Accessory buildings within thirty (30) feet of any side or rear property line shall not exceed sixteen (16) twenty (20) feet in height. The allowable height increases within Section

16.20.055 shall not apply to accessory buildings.

16.20.415 - Accessory structure height limitations.

Accessory structures shall not exceed sixteen (16) feet in height except agricultural accessory structures such as windmills, silos, water tanks and similar accessory farm structures, and other specific structures which are regulated by Section 16.20.060. The allowable height increases within Section 16.20.055 shall not apply to accessory structures.

16.20.420 - Metal accessory buildings.

16.20.425 - Cargo containers, trailers without axles and similar storage containers.

The number of storage containers upon lots within the A -2 (General Agricultural) zone district shall be unlimited. Individual storage containers shall not exceed four hundred (400) square feet in individual area and nine and one -half feet in height. Storage containers within all other residential and agricultural zone districts shall not be allowed on lots less than thirty thousand (30,000) square feet in net area. In these zone districts, a maximum of one storage container per acre shall be allowed (roundi ng up is not permissible). Storage containers shall be located between the rear of the primary residence and the rear property line and not within thirty (30) feet of any side or rear property line. Each storage container shall be painted in a tan, brown or dark green color in an adequate thickness to cover prior logos, writing and paint color. Each storage container shall be in compliance with all Title 16 regulations.

Page 49 ends

Page 35 ends

City of Hesperia

STAFF REPORT

DATE: October 5, 2021
TO: Mayor and City Council Members

FROM: Nils Bentsen, City Manager
BY: Mike Hearn, Deputy Director of Community Development Chris Borchert, Principle Planner
Ryan Leonard, Senior Planner

SUBJECT: Discussion of the development standards and requirements of metal accessory buildings

RECOMMENDED ACTION

It is recommended that the City Council review and discuss the existing development standards for the use of metal buildings in Hesperia.

BACKGROUND

At a recent City Council meeting, Council Member Holland requested an item be agendized to discuss the development standards and requirements of metal a ccessory buildings. Ordinance 2001-13 & 14 were adopted on November 7, 2001 and appear to be the last revisions to Article X. Development Standards for Residential and Agricultural Accessory Structures.

The following standards are beneficial to include in this discussion:

Accessory Building Development standards (excerpted where noted)

. . . Lots within all other residential and agricultural zone districts shall be permitted a one thousand (1,000) square foot aggregate accessory building up to a maximum aggregate accessory building area not to exceed five percent of the net lot area. . . .

. . . The maximum allowable aggregate accessory building area upon lots within residential and agricultural zone districts may be increased to seven and one -half percent of the net lot area with approval of a minor exception application pursuant to Chapter 16.12. . . .

Accessory buildings shall not exceed thirty -five (35) feet in height and a maximum of two and one-half stories. Accessory buildings within thirty (30) feet of any side or rear property line shall not exceed sixteen (16) feet in height. The allowable height increases within Section 16.20.055 shall not apply to accessory buildings.

Metal accessory buildings shall only be allowed upon lots at least thirty thousand (30,000) square feet in net area. Metal buildings shall be located between the rear of the primary residence and the rear property line and not within thirty (30) feet of any side or rear property line.

Page 50 ends

Page 36 ends

Page 2 of 2 ends

Staff Report to the Mayor and City Council Members
Discussion Item for Metal Building Standards
October 5, 2021

16.20.425 - Cargo containers, trailers without axles and similar storage containers.

The number of storage containers upon lots within the A -2 (General Agricultural) zone district shall be unlimited. Individual storage containers shall not exceed four hundred (400) square feet in individual area a nd nine and one-half feet in height. Storage containers within all other residential and agricultural zone districts shall not be allowed on lots less than thirty thousand (30,000) square feet in net area. In these zone districts, a maximum of one storage container per acre shall be allowed (rounding up is not permissible). Storage containers shall be located between the rear of the primary residence and the rear property line and not within thirty (30) feet of any side or rear property line. Each storage c ontainer shall be in compliance with all Title 16 regulations.

The first provision of the development standards regulates the size of the building, allowing all properties an accessory building of 1,000 square feet, then increasing up to 5% of the lot size.

The second provision allows requests to increase the allowable square feet from 5% to 7.5%, with approval of a Minor Exception from the Development Review Committee. The third provision regulates height and mentions Section 16.20.055 which states:
“Single household dwellings in land use districts or zone districts that impose a height limitation of thirty-five (35) feet or less may exceed the height limit by up to twenty -five (25) feet, when two side yards of at least twenty (20) feet are provided.” Lastly, the fourth provision requires a minimum lot size of 30,000 square feet to have a metal accessory building. Lots less than 30,000 s.f. would need to have standard construction.

ISSUES/ANALYSIS
None

FISCAL IMPACT
None

ATTACHMENT(S)

1. Article X. Development Standards for Residential and Agricultural Accessory Structures

Page 51 ends

Page 37 ends

THIS PAGE LEFT INTENTIONALLY BLANK

Page 52 ends

Page 38 ends

City of Hesperia

STAFF REPORT
DATE: March 1, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Melinda Sayre, Director of Government Services/City Clerk Erin Baum, Assistant City Clerk
SUBJECT: Fourth Public Hearing – Redistricting due to 2020 Census

RECOMMENDED ACTION
It is recommended that the City Council 1.) Conduct the fourth public hearing, receiving input from the community on draft maps and the redrawing of election district boundaries; and 2.) Provide direction to staff regarding which map should be considered for inclusion in the Ordinance to adopt new district boundaries for the City of Hesperia; and 3.) Place on first reading Ordinance 2022-03 amending Hesperia Municipal Code 1.09 adopting revised City Council District Boundaries.

BACKGROUND
Redistricting is the process of adjusting City Council voting districts so that each district has substantially the same number of voting -aged residents. Cities with voting districts are required to update district maps following the release of the decennial US Census data. Due to delays caused by the COVID -19 pandemic, the release of US Census data, which would normally be released in March 2021, is now expected to be released on October 10, 2021. The deadline for the City to adopt new district maps is April 17, 2022.

ISSUES/ANALYSIS
On June 6, 2017 the City Council approved Ordinance 2017-09 establishing a by-district election system including five (5) districts, each having one (1) City Council seat representative and each serving a four (4) year term with a rotating appointed mayo r. By -district elections were implemented in a staggered manner with the first by-district election held in 2018 for districts two (2), three (3) and four (4). In 2020, by-district elections were held for districts one (1) and five (5).

In July the City contracted National Demographic Corporation (NDC) to coordinate t he City’s redistricting process and required community outreach. Assembly Bill 849 , known as the “Fair and Inclusive Redistrict for Municipalities and Political Subdivisions (FAIR MAPS) Act in 2019 requires cities to engage communities in the redistricting process by holding a minimum of four (4) public hearings and/or workshops. Public hearings to allow for the public to provide input were held at the regular City Council meetings on September 21, 2021, October 19, 2021, and January 18, 2022. In addition, outreach during was conducted throughout this period of time via the City’s website and socia l media accounts. District map creation kits were also made available to the public on paper and on the City’s website.

Page 53 ends

Page 39 ends

Page 2 of 2 ends

Staff Report to the Mayor and Council Members
Fourth Public Hearing - Redistricting
March 1, 2022
The purpose of this fourth public hearing is to allow the public to provide input regarding the composition of one or more council dis tricts and receive direction from the Council regarding which final map the City Council chooses to consider for adoption. If a final draft map can be selected that does not require modification, introduction and first reading of the proposed ordinance can take place this evening. If the draft map or maps that the City Council would like to consider for adoption need modification, then the City will hold a fifth public hearing on March 15, 2022. In order to meet the April 17, 2022 deadline for adoption, allowing for first and second readings, a map must be chosen and be placed on first reading no later than the March 15, 2022 regular City Council meeting.

FISCAL IMPACT
There is no fiscal impact associated with this item.

ALTERNATIVE(S)

1. Provide alternative direction to staff

ATTACHMENT(S)

1. Map 101b

2. Map 101c

3. Map 101d

4. Map 101e

5. NDC 101 Map January 18, 2022 Third Public Hearing

6. NDC 102 Map January 18, 2022 Third Public Hearing

7. NDC 103 Map January 18, 2022 Third Public Hearing

8. Ordinance 2022-03

9. Attachment 9 – Exhibit A Map to be selected at meeting

Page 54 ends

Page 40 ends

2 4
1 3
5 Hesperia Golf and Country Club
Hesperia Arprt
San Bernardino Natl Forest
15 15
173
395
138
173
7th Ave
Los
Flor
es Rd
M
uscatel St
E Ave
11th Ave
Lim
e St
Fairburn St
Mesquite St
Joshua St
Phelan Rd
Yu
cca Terrace Dr
Ranchero Rd
Maple Ave
Topaz Ave
Eucalyptus St
Sycamore St
Cottonwood Ave
M
ojave St
M
esa S
t
Danbury
Ave
Orchid Ave
Preston
St
I Ave
Jenkins Ave
el Cerrito Ave
M
ain
St
Sm
oketree St
Olive St
Sultana
St
Peach Ave
3rd Ave
Hesperia Rd
�2017 CALIPER
Attachment 1

Page 55 ends

Page 41 ends

Map 101b
District 1
Total Pop 20,611
Deviation from ideal 578
% Deviation 2.89%
% Hisp 61.2%
% NH White 22%
% NH Black 9%
% Asian-American 5%
Total 11,125
% Hisp 53%
% NH White 33%
% NH Black 8%
% Asian/Pac.Isl. 5%
Total 9,647
% Latino est. 50%
% Spanish-Surnamed 46%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 40%
% NH Black 9%
Total 6,781
% Latino est. 47%
% Spanish-Surnamed 43%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 42%
% NH Black 9%
Total 3,650
% Latino est. 41%
% Spanish-Surnamed 39%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 45%
% NH Black est. 9%
ACS Pop. Est. Total 19,374
age0-19 36%
age20-60 52%
age60plus 12%
immigrants 21%
naturalized 54%
english 65%
spanish 30%
asian-lang 2%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 12%
hs-grad 58%
bachelor 10%
graduatedegree 4%
Child in Household child-under18 55%
Pct of Pop. Age 16+ employed 58%
income 0-25k 14%
income 25-50k 20%
income 50-75k 17%
income 75-200k 47%
income 200k-plus 3%
single family 95%
multi-family 5%
rented 33%
owned 67%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 19,504
-529
-2.64%
67%
22%
6%
2%
10,990
57%
36%
4%
3%
8,863
55%
50%
1%
1%
42%
4%
5,819
51%
47%
1%
1%
46%
3%
3,459
41%
39%
1%
1%
52%
3%
18,991
36%
50%
14%
21%
44%
60%
38%
1%
1%
14%
60%
6%
2%
48%
54%
27%
25%
19%
28%
0%
79%
21%
45%
55%
3 19,936
-97
-0.48%
56%
35%
4%
2%
12,153
47%
47%
3%
2%
10,596
42%
38%
1%
1%
56%
3%
7,572
38%
35%
1%
1%
59%
3%
4,825
30%
29%
1%
1%
64%
3%
19,294
31%
51%
19%
20%
51%
62%
36%
1%
1%
13%
57%
9%
5%
43%
57%
24%
23%
20%
30%
3%
99%
1%
29%
71%
4 20,211
178

0.89%
61%
30%
4%
2%
11,285
51%
42%
4%
3%
9,951
45%
42%
1%
1%
52%
3%
7,185
41%
38%
1%
1%
55%
3%
4,357
32%
30%
0%
0%
63%
3%
18,326
31%
52%
17%
20%
48%
63%
35%
1%
1%
15%
59%
6%
3%
44%
58%
21%
25%
21%
31%
1%
88%
12%
39%
61%
5 19,904
-129
-0.64%
49%
39%
7%
2%
11,844
38%
52%
8%
2%
10,509
36%
33%
1%
1%
58%
6%
7,653
31%
29%
1%
1%
61%
6%
4,794
25%
24%
1%
1%
66%
6%
18,810
32%
51%
17%
12%
46%
82%
17%
1%
0%
7%
63%
6%
4%
41%
55%
26%
24%
21%
27%
3%
78%
22%
44%
56%
Total
100,166
1,107

5.53%
59%
29%
6%
3%
57,397
49%
42%
5%
3%
49,566
45%
41%
1%
1%
50%
5%
35,010
41%
38%
1%
1%
53%
5%
21,085
33%
32%
1%
1%
59%
5%
94,795
33%
51%
16%
19%
49%
66%
31%
1%
1%
12%
59%
7%
4%
46%
56%
22%
24%
20%
32%
2%
88%
12%
38%
62%
02/14/2022 23:56 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Page 56 ends

Page 42 ends

Page 57 ends

Page 43 ends

Map 101c
District 1
Total Pop 20,224
Deviation from ideal 191
% Deviation 0.95%
% Hisp 61.3%
% NH White 22%
% NH Black 9%
% Asian-American 5%
Total 10,905
% Hisp 53%
% NH White 33%
% NH Black 8%
% Asian/Pac.Isl. 5%
Total 9,471
% Latino est. 50%
% Spanish-Surnamed 46%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 40%
% NH Black 9%
Total 6,665
% Latino est. 47%
% Spanish-Surnamed 43%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 42%
% NH Black 9%
Total 3,566
% Latino est. 42%
% Spanish-Surnamed 39%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 44%
% NH Black est. 9%
ACS Pop. Est. Total 18,996
age0-19 36%
age20-60 52%
age60plus 12%
immigrants 21%
naturalized 54%
english 65%
spanish 30%
asian-lang 2%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 12%
hs-grad 58%
bachelor 10%
graduatedegree 4%
Child in Household child-under18 55%
Pct of Pop. Age 16+ employed 58%
income 0-25k 13%
income 25-50k 20%
income 50-75k 17%
income 75-200k 47%
income 200k-plus 3%
single family 95%
multi-family 5%
rented 33%
owned 67%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

3.26%
56%
34%
4%
2%
12,726
47%
47%
3%
2%
10,910
42%
38%
1%
1%
55%
3%
7,786
38%
35%
1%
1%
58%
3%
4,977
30%
29%
1%
1%
64%
3%
20,242
31%
50%
19%
19%
50%
63%
36%
1%
1%
13%
57%
8%
5%
43%
56%
27%
23%
19%
29%
3%
94%
6%
33%
67%
4 20,598
565

2.82%
61%
30%
4%
2%
11,505
51%
42%
4%
3%
10,127
45%
42%
1%
1%
52%
3%
7,301
41%
38%
1%
1%
55%
3%
4,441
32%
30%
0%
0%
63%
3%
18,703
31%
52%
17%
20%
48%
63%
35%
1%
1%
15%
59%
6%
3%
44%
58%
21%
25%
21%
31%
1%
88%
12%
40%
60%
5 19,153
-880
-4.39%
49%
39%
7%
2%
11,271
38%
52%
7%
1%
10,195
35%
33%
1%
1%
58%
6%
7,439
31%
29%
1%
1%
61%
6%
4,642
25%
24%
1%
1%
66%
6%
17,862
32%
52%
17%
12%
47%
82%
17%
1%
0%
7%
63%
7%
4%
41%
56%
22%
24%
21%
29%
3%
82%
18%
42%
58%
Total
100,166
1,534

7.66%
59%
29%
6%
3%
57,397
49%
42%
5%
3%
49,566
45%
41%
1%
1%
50%
5%
35,010
41%
38%
1%
1%
53%
5%
21,085
33%
32%
1%
1%
59%
5%
94,795
33%
51%
16%
19%
49%
66%
31%
1%
1%
12%
59%
7%
4%
46%
56%
22%
24%
20%
32%
2%
88%
12%
38%
62%
02/14/2022 23:49 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Page 58 ends

Page 44 ends

Page 59 ends

Page 45 ends

Map 101d
District 1
Total Pop 20,224
Deviation from ideal 191
% Deviation 0.95%
% Hisp 61.3%
% NH White 22%
% NH Black 9%
% Asian-American 5%
Total 10,905
% Hisp 53%
% NH White 33%
% NH Black 8%
% Asian/Pac.Isl. 5%
Total 9,471
% Latino est. 50%
% Spanish-Surnamed 46%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 40%
% NH Black 9%
Total 6,665
% Latino est. 47%
% Spanish-Surnamed 43%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 42%
% NH Black 9%
Total 3,566
% Latino est. 42%
% Spanish-Surnamed 39%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 44%
% NH Black est. 9%
ACS Pop. Est. Total 18,996
age0-19 36%
age20-60 52%
age60plus 12%
immigrants 21%
naturalized 54%
english 65%
spanish 30%
asian-lang 2%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 12%
hs-grad 58%
bachelor 10%
graduatedegree 4%
Child in Household child-under18 55%
Pct of Pop. Age 16+ employed 58%
income 0-25k 13%
income 25-50k 20%
income 50-75k 17%
income 75-200k 47%
income 200k-plus 3%
single family 95%
multi-family 5%
rented 33%
owned 67%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

2.82%
61%
30%
4%
2%
11,505
51%
42%
4%
3%
10,127
45%
42%
1%
1%
52%
3%
7,301
41%
38%
1%
1%
55%
3%
4,441
32%
30%
0%
0%
63%
3%
18,703
31%
52%
17%
20%
48%
63%
35%
1%
1%
15%
59%
6%
3%
44%
58%
21%
25%
21%
31%
1%
88%
12%
40%
60%
5 19,904
-129
-0.64%
49%
39%
7%
2%
11,844
38%
52%
8%
2%
10,509
36%
33%
1%
1%
58%
6%
7,653
31%
29%
1%
1%
61%
6%
4,794
25%
24%
1%
1%
66%
6%
18,810
32%
51%
17%
12%
46%
82%
17%
1%
0%
7%
63%
6%
4%
41%
55%
26%
24%
21%
27%
3%
78%
22%
44%
56%
Total
100,166
1,094

5.46%
59%
29%
6%
3%
57,397
49%
42%
5%
3%
49,566
45%
41%
1%
1%
50%
5%
35,010
41%
38%
1%
1%
53%
5%
21,085
33%
32%
1%
1%
59%
5%
94,795
33%
51%
16%
19%
49%
66%
31%
1%
1%
12%
59%
7%
4%
46%
56%
22%
24%
20%
32%
2%
88%
12%
38%
62%
02/14/2022 23:59 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Page 60 ends

Page 46 ends

2 4
1 3
5 Hesperia Golf and Country Club
Hesperia Arprt
San Bernardino Natl Forest
15 15
173
395
138
173
7th Ave
Los
Flor
es Rd
M
uscatel St
E Ave
11th Ave
Lim
e St
Fairburn St
Mesquite St
Joshua St
Phelan Rd
Yu
cca Terrace Dr
Ranchero Rd
Maple Ave
Topaz Ave
Eucalyptus St
Sycamore St
Cottonwood Ave
M
ojave St
M
esa S
t
Danbury
Ave
Orchid Ave
Preston
St
I Ave
el Cerrito Ave
M
ain
St
Sm
oketree St
Olive St
Sultana
St
Peach Ave
3rd Ave
Hesperia Rd
�2017 CALIPER
Attachment 4

Page 61 ends

Page 47 ends

Map 101e
District 1
Total Pop 20,611
Deviation from ideal 578
% Deviation 2.89%
% Hisp 61.2%
% NH White 22%
% NH Black 9%
% Asian-American 5%
Total 11,125
% Hisp 53%
% NH White 33%
% NH Black 8%
% Asian/Pac.Isl. 5%
Total 9,647
% Latino est. 50%
% Spanish-Surnamed 46%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 40%
% NH Black 9%
Total 6,781
% Latino est. 47%
% Spanish-Surnamed 43%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 42%
% NH Black 9%
Total 3,650
% Latino est. 41%
% Spanish-Surnamed 39%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 45%
% NH Black est. 9%
ACS Pop. Est. Total 19,374
age0-19 36%
age20-60 52%
age60plus 12%
immigrants 21%
naturalized 54%
english 65%
spanish 30%
asian-lang 2%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 12%
hs-grad 58%
bachelor 10%
graduatedegree 4%
Child in Household child-under18 55%
Pct of Pop. Age 16+ employed 58%
income 0-25k 14%
income 25-50k 20%
income 50-75k 17%
income 75-200k 47%
income 200k-plus 3%
single family 95%
multi-family 5%
rented 33%
owned 67%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

0.89%
61%
30%
4%
2%
11,285
51%
42%
4%
3%
9,951
45%
42%
1%
1%
52%
3%
7,185
41%
38%
1%
1%
55%
3%
4,357
32%
30%
0%
0%
63%
3%
18,326
31%
52%
17%
20%
48%
63%
35%
1%
1%
15%
59%
6%
3%
44%
58%
21%
25%
21%
31%
1%
88%
12%
39%
61%
5 19,153
-880
-4.39%
49%
39%
7%
2%
11,271
38%
52%
7%
1%
10,195
35%
33%
1%
1%
58%
6%
7,439
31%
29%
1%
1%
61%
6%
4,642
25%
24%
1%
1%
66%
6%
17,862
32%
52%
17%
12%
47%
82%
17%
1%
0%
7%
63%
7%
4%
41%
56%
22%
24%
21%
29%
3%
82%
18%
42%
58%
Total
100,166
1,534

7.66%
59%
29%
6%
3%
57,397
49%
42%
5%
3%
49,566
45%
41%
1%
1%
50%
5%
35,010
41%
38%
1%
1%
53%
5%
21,085
33%
32%
1%
1%
59%
5%
94,795
33%
51%
16%
19%
49%
66%
31%
1%
1%
12%
59%
7%
4%
46%
56%
22%
24%
20%
32%
2%
88%
12%
38%
62%
02/15/2022 0:11 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Page 62 ends

Page 48 ends

2 4
1 3
5 Hesperia Golf and Country Club
Hesperia Arprt
San Bernardino Natl Forest
15 15
173
395
138
173
7th Ave
Los
Flor
es Rd
M
uscatel St
E Ave
11th Ave
Lim
e St
Fairburn St
Mesquite St
Joshua St
Phelan Rd
Ranchero Rd
Maple Ave
Topaz Ave
Eucalyptus St
Sycamore St
Cottonwood Ave
M
ojave St
M
esa S
t
Danbury
Ave
Orchid Ave
Preston
St
I Ave
el Cerrito Ave
M
ain
St
Sm
oketree St
Olive St
Sultana
St
Peach Ave
3rd Ave
Hesperia Rd
�2021 CALIPER
Attachment 5

Page 63 ends

Page 49 ends

NDC 101
District 1
Total Pop 20,224
Deviation from ideal 191
% Deviation 0.95%
% Hisp 61.3%
% NH White 22%
% NH Black 9%
% Asian-American 5%
Total 10,905
% Hisp 53%
% NH White 33%
% NH Black 8%
% Asian/Pac.Isl. 5%
Total 9,471
% Latino est. 50%
% Spanish-Surnamed 46%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 40%
% NH Black 9%
Total 6,665
% Latino est. 47%
% Spanish-Surnamed 43%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 42%
% NH Black 9%
Total 3,566
% Latino est. 42%
% Spanish-Surnamed 39%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 44%
% NH Black est. 9%
ACS Pop. Est. Total 18,996
age0-19 36%
age20-60 52%
age60plus 12%
immigrants 21%
naturalized 54%
english 65%
spanish 30%
asian-lang 2%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 12%
hs-grad 58%
bachelor 10%
graduatedegree 4%
Child in Household child-under18 55%
Pct of Pop. Age 16+ employed 58%
income 0-25k 13%
income 25-50k 20%
income 50-75k 17%
income 75-200k 47%
income 200k-plus 3%
single family 95%
multi-family 5%
rented 33%
owned 67%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

2.71%
56%
34%
5%
2%
12,653
46%
46%
4%
2%
10,629
42%
39%
1%
1%
54%
4%
7,476
38%
36%
1%
1%
57%
4%
4,762
30%
29%
1%
1%
63%
4%
20,460
32%
49%
19%
19%
49%
62%
36%
1%
1%
12%
57%
8%
5%
44%
55%
31%
23%
18%
26%
2%
89%
11%
38%
62%
4 20,598
565

2.82%
61%
30%
4%
2%
11,505
51%
42%
4%
3%
10,127
45%
42%
1%
1%
52%
3%
7,301
41%
38%
1%
1%
55%
3%
4,441
32%
30%
0%
0%
63%
3%
18,703
31%
52%
17%
20%
48%
63%
35%
1%
1%
15%
59%
6%
3%
44%
58%
21%
25%
21%
31%
1%
88%
12%
40%
60%
5 19,264
-769
-3.84%
49%
40%
6%
2%
11,344
38%
54%
6%
2%
10,476
35%
33%
1%
1%
59%
5%
7,749
31%
29%
1%
1%
63%
5%
4,857
25%
24%
1%
1%
67%
5%
17,644
31%
53%
16%
12%
49%
83%
16%
1%
0%
7%
64%
8%
5%
41%
57%
18%
24%
23%
32%
4%
88%
12%
36%
64%
Total
100,166
1,334

6.66%
59%
29%
6%
3%
57,397
49%
42%
5%
3%
49,566
45%
41%
1%
1%
50%
5%
35,010
41%
38%
1%
1%
53%
5%
21,085
33%
32%
1%
1%
59%
5%
94,795
33%
51%
16%
19%
49%
66%
31%
1%
1%
12%
59%
7%
4%
46%
56%
22%
24%
20%
32%
2%
88%
12%
38%
62%
01/09/2022 14:53 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Page 64 ends

Page 50 ends

2 3
1 4
5 Hesperia Golf and Country Club
Hesperia Arprt
San Bernardino Natl Forest
15 15
173
395
138
173
7th Ave
Los
Flor
es Rd
M
uscatel St
E Ave
11th Ave
Lim
e St
Fairburn St
el Centro St
Mesquite St
Joshua St
Phelan Rd
Yu
cca Terrace Dr
Ranchero Rd
Maple Ave
Topaz Ave
Balsam Ave
Eucalyptus St
Sycamore St
Cottonwood Ave
M
ojave St
M
esa S
t
Choiceana Ave
Orchid Ave
Preston
St
I Ave
Jenkins Ave
el Cerrito Ave
M
ain
St
Olive St
Sultana
St
Peach Ave
3rd Ave
Hesperia Rd
�2021 CALIPER
Attachment 6

Page 65 ends

Page 51 ends

NDC 102
District 1
Total Pop 20,242
Deviation from ideal 209
% Deviation 1.04%
% Hisp 64.1%
% NH White 24%
% NH Black 6%
% Asian-American 3%
Total 11,518
% Hisp 57%
% NH White 35%
% NH Black 5%
% Asian/Pac.Isl. 2%
Total 9,358
% Latino est. 52%
% Spanish-Surnamed 48%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 44%
% NH Black 5%
Total 6,414
% Latino est. 48%
% Spanish-Surnamed 45%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 46%
% NH Black 5%
Total 3,782
% Latino est. 38%
% Spanish-Surnamed 36%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 54%
% NH Black est. 4%
ACS Pop. Est. Total 19,516
age0-19 36%
age20-60 49%
age60plus 15%
immigrants 20%
naturalized 49%
english 62%
spanish 36%
asian-lang 1%
other lang 0%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 61%
bachelor 6%
graduatedegree 2%
Child in Household child-under18 49%
Pct of Pop. Age 16+ employed 53%
income 0-25k 25%
income 25-50k 23%
income 50-75k 22%
income 75-200k 29%
income 200k-plus 0%
single family 84%
multi-family 16%
rented 42%
owned 58%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 20,012
-21
-0.10%
64%
23%
9%
2%
11,027
52%
35%
7%
2%
8,282
50%
46%
1%
1%
42%
9%
5,315
46%
43%
0%
1%
45%
8%
3,061
39%
38%
0%
1%
50%
8%
19,762
35%
52%
14%
20%
36%
60%
39%
1%
1%
13%
57%
6%
3%
46%
57%
33%
27%
15%
25%
0%
68%
32%
58%
42%
3 20,165
132

0.66%
53%
37%
4%
2%
12,459
42%
52%
3%
2%
10,890
39%
36%
1%
1%
58%
3%
7,792
35%
33%
1%
1%
61%
3%
4,971
28%
27%
1%
1%
67%
2%
19,695
32%
50%
18%
17%
51%
68%
30%
1%
1%
11%
58%
9%
5%
42%
57%
26%
25%
19%
26%
3%
92%
8%
35%
65%
4 20,035
2 0.01%
61%
23%
8%
5%
10,462
54%
34%
6%
5%
9,936
49%
45%
3%
1%
43%
7%
7,085
46%
42%
2%
1%
45%
7%
3,960
39%
36%
2%
1%
51%
7%
17,944
34%
51%
14%
21%
54%
65%
30%
3%
3%
12%
57%
10%
4%
51%
59%
11%
18%
19%
48%
3%
97%
3%
30%
70%
5 19,712
-321
-1.60%
51%
40%
3%
2%
11,932
40%
53%
5%
2%
11,100
37%
35%
1%
1%
59%
4%
8,404
34%
32%
1%
1%
62%
3%
5,311
26%
25%
1%
0%
67%
4%
17,877
29%
53%
18%
15%
57%
78%
21%
1%
0%
8%
64%
5%
5%
43%
57%
14%
24%
23%
36%
3%
99%
1%
26%
74%
Total
100,166
530

2.65%
59%
29%
6%
3%
57,397
49%
42%
5%
3%
49,566
45%
41%
1%
1%
50%
5%
35,010
41%
38%
1%
1%
53%
5%
21,085
33%
32%
1%
1%
59%
5%
94,795
33%
51%
16%
19%
49%
66%
31%
1%
1%
12%
59%
7%
4%
46%
56%
22%
24%
20%
32%
2%
88%
12%
38%
62%
01/09/2022 15:03 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Page 66 ends

Page 52 ends

2 4
3 1
5 Hesperia Golf and Country Club
Hesperia Arprt
San Bernardino Natl Forest
15 15
173
395
138
173
7th Ave
Los
Flor
es Rd
M
uscatel St
E Ave
11th Ave
Lim
e St
Fairburn St
el Centro St
Mesquite St
Joshua St
Phelan Rd
Yu
cca Terrace Dr
Ranchero Rd
Maple Ave
Topaz Ave
Balsam Ave
Eucalyptus St
Sycamore St
Cottonwood Ave
M
ojave St
M
esa S
t
Danbury
Ave
Orchid Ave
Preston
St
I Ave
Jenkins Ave
el Cerrito Ave
M
ain
St
Sm
oketree St
Olive St
Sultana
St
Peach Ave
3rd Ave
Hesperia Rd
�2021 CALIPER
Attachment 7

Page 67 ends

Page 53 ends

NDC 103
District 1
Total Pop 20,381
Deviation from ideal 348
% Deviation 1.74%
% Hisp 63.0%
% NH White 22%
% NH Black 8%
% Asian-American 4%
Total 11,069
% Hisp 57%
% NH White 34%
% NH Black 5%
% Asian/Pac.Isl. 3%
Total 9,705
% Latino est. 51%
% Spanish-Surnamed 47%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 43%
% NH Black 6%
Total 6,850
% Latino est. 47%
% Spanish-Surnamed 44%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 44%
% NH Black 6%
Total 3,807
% Latino est. 41%
% Spanish-Surnamed 38%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 49%
% NH Black est. 6%
ACS Pop. Est. Total 19,146
age0-19 36%
age20-60 50%
age60plus 14%
immigrants 21%
naturalized 52%
english 64%
spanish 33%
asian-lang 2%
other lang 1%
Language Fluency Speaks Eng. "Less than Very Well" 12%
hs-grad 59%
bachelor 8%
graduatedegree 4%
Child in Household child-under18 53%
Pct of Pop. Age 16+ employed 56%
income 0-25k 18%
income 25-50k 19%
income 50-75k 18%
income 75-200k 44%
income 200k-plus 1%
single family 93%
multi-family 7%
rented 32%
owned 68%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 19,815
-218
-1.09%
67%
22%
6%
2%
10,954
56%
36%
4%
3%
8,535
55%
50%
1%
1%
42%
4%
5,508
51%
47%
1%
1%
45%
4%
3,164
42%
40%
1%
1%
51%
3%
19,280
35%
52%
14%
21%
38%
58%
40%
1%
1%
15%
59%
5%
2%
48%
56%
28%
27%
18%
27%
1%
75%
25%
51%
49%
3 19,797
-236
-1.18%
57%
31%
7%
2%
11,434
48%
41%
7%
2%
9,654
43%
40%
1%
1%
51%
7%
6,675
40%
37%
0%
1%
53%
7%
4,138
32%
30%
1%
0%
59%
7%
18,641
31%
51%
18%
18%
45%
64%
34%
1%
1%
11%
59%
7%
4%
41%
55%
32%
23%
17%
26%
2%
78%
22%
47%
53%
4 20,338
305

1.52%
58%
31%
4%
4%
11,506
47%
42%
6%
5%
10,349
44%
41%
2%
1%
50%
5%
7,528
41%
38%
1%
1%
53%
5%
4,562
32%
30%
1%
0%
60%
5%
18,435
32%
52%
17%
20%
57%
67%
30%
2%
2%
13%
60%
8%
4%
45%
58%
16%
25%
21%
36%
2%
95%
5%
34%
66%
5 19,835
-198
-0.99%
48%
43%
4%
2%
12,435
37%
57%
3%
1%
11,323
35%
33%
1%
1%
62%
2%
8,449
31%
29%
1%
1%
65%
3%
5,414
24%
23%
1%
1%
70%
3%
19,293
32%
51%
17%
13%
55%
79%
20%
1%
0%
9%
61%
8%
5%
44%
57%
18%
24%
23%
31%
4%
98%
2%
28%
72%
Total
100,166
584

2.92%
59%
29%
6%
3%
57,397
49%
42%
5%
3%
49,566
45%
41%
1%
1%
50%
5%
35,010
41%
38%
1%
1%
53%
5%
21,085
33%
32%
1%
1%
59%
5%
94,795
33%
51%
16%
19%
49%
66%
31%
1%
1%
12%
59%
7%
4%
46%
56%
22%
24%
20%
32%
2%
88%
12%
38%
62%
01/09/2022 15:16 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Page 68 ends

Page 54 ends

ORDINANCE NO. 2022-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HESPERIA, CALIFORNIA, AMENDING CHAPTER 1.09 OF THE

HESPERIA MUNICIPAL CODE AND ADOPTING REVISED

DISTRICT VOTING BOUNDARIES
WHEREAS, On May 16, 2017, the City Council of Hesperia (“City”) adopted Ordinance No. 2017- 09 changing the City from an at large to a by -district voting system, adopting boundaries for the City’s five voting districts and establishing an implementation schedule for conversion to by-district voting during the 2018 and 2020 election cycles; and
WHEREAS, pursuant to Elections Code section 21601(a), the City is required to review its voting district boundaries following each decennial federal census; and WHEREAS, in 2019, the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (“FAIR MAPS”) Act (AB 849) amended the process and criteria by which the City must evaluate and adjust its voting district boundaries; and WHEREAS at the regular City Council meeting of September 21, 2021, the City Council received a presentation from National Demographic Corporation (NDC), the City’s redistricting consult ant, for the purpose of explaining the redistricting process under the FAIR MAPS Act and held a public hearing to receive public input re garding communities of interest and the composition of one or more districts; and
WHEREAS, at the regular City Council meeting of October 19, 2021 the City Council held a public hearing to receive public input regarding communities of interest and the com position of one or more districts; and
WHEREAS, on January 11, 2022 accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each council district depicted, draft maps NDC 101, NDC 102, and NDC 103 were posted on the City’s redistricting website; and
WHEREAS, at the regular City Council meeting of January 18, 2022 the City Council held a public hearing to receive public input regarding communities o f interest and the composition of one or more districts; and
WHEREAS, on February 15, 2022 accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each council district depicted, an additional four (4) draft maps, NDC 101b, NDC 101c, NDC 101d, and NDC 101e were posted on the City’s redistricting website; and WHEREAS, at the regular City Council meeting held on March 1, 2022, the City Council held a fourth public hearing to receive public input regarding the composition of one or more council districts and, as described in this Ordinance, select Draft Map XX to be the “City Council District Map”, as that term is used in the Hesperia Municipal Code section 1.09.030, which Ordinance was thereafter introduced for a first reading at the same regular meeting of the City Council;

Page 69 ends

Page 55 ends

Ordinance No. 2022-03

Page 2 ends

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

Section 1. All of the facts set forth in this Ordinance are true, correct and are adopted as findings.

Section 2. The map described in this Ordinance and attached hereto as Exhibit A is hereby adopted as the “City Council District Map” as cod ified in section 1.09.030 of the Hesperia Municipal Code and incorporated therein by this reference.

Section 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrases, or portions of this ordinance. The City Council hereby declares that it would have adopte d this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 4. This Ordinance shall take effect thirty (30) days from the date of adoption.

Section 5. The City Clerk shall certify to the adoption of the Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution No. 2007-101.

ADOPTED AND APPROVED this 15th day of March 2022.

Brigit Bennington, Mayor
ATTEST:

Erin Baum, Assistant City Clerk

Page 70 ends

Page 56 ends

Exhibit A

Page 71 ends

Page 57 ends

THIS PAGE LEFT INTENTIONALLY BLANK

Page 72 ends

Page 58 ends

City of Hesperia

STAFF REPORT
DATE: March 1, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Eric Dunn, Cty Attorney
Rachel Molina, Assistant City Manager
SUBJECT: Amendment to Title 5, Chapter 5.03 of the Hesperia Municipal Code related to granting businesses autonomous choice in requiring proof of vaccinations and/or masks in their establishments.

RECOMMENDED ACTION
It is recommended that the City Council introduce and place on first reading Ordinance 2022-04 regarding granting businesses autonomous choice in requiring proof of vaccinations and/or masks in their establishment.

BACKGROUND
At the February 15, 2022, City Council Meeting, Mayor Pro Tem Holland requested an ordinance be drafted granting businesses autonomous choice in requiring proof of vaccinations and/or masks in their establishments.

ISSUES/ANALYSIS
Per the direction of the City Council, ordinance 2022 -04 was drafted with the goal of protecting the liberties of the business community. Ordinance 2022-04 grants autonomous choice to the business community emphasizing that businesses, employees and patrons should have the right to make their own health care choices. As such, the ordinance stipulates that an indoor business is not required to ask patrons to provide proof of vaccination upon entrance into their establishment; however the business is free to require such if it desires. Similarly, the ordinance stipulates that an indoor business is not required to ask a vaccinated patron to wear a mask; the business is free to do so if it desires. Ordinance 2022-04 is not applicable to outdoor businesses or healthcare facilities.

FISCAL IMPACT
None.

ALTERNATIVES

1. The City Council may provide alternative direction to Staff.

Page 73 ends

Page 59 ends

Page 2 of 2 ends

Staff Report to the Mayor and Council Members
Ordinance 2022-04
March 1, 2022

ATTACHMENTS

1.Ordinance 2022-04

2. Exhibit A

Page 74 ends

Page 60 ends

01071.0001/769876.1
ORDINANCE NO. 2022-04
AN ORDINANCE ADDING CHAPTER 5.03 TO TITLE 5 OF THE CITY

COUNCIL OF THE CITY OF HESPERIA, GRANTING BUSINESSES

AUTONOMOUS CHOICE IN REQUIRING PROOF OF VACCINATION AND/OR

MASKS IN THEIR ESTABLISHMENT
WHEREAS, the State of California has not imposed an outright vaccine mandate for businesses and patrons; and
WHEREAS, as of February 16, 2022, California Health Officials lifted the statewide COV ID-19 indoor mask mandate for vaccinated individuals; and
WHEREAS, businesses and individuals in the City of Hesperia have been adversely impacted by the State’s overreach of its unpredictable vaccination and mask mandates; and WHEREAS, the City of Hespe ria seeks to protect the liberties and freedom of its businesses and constituents; and
WHEREAS, there is no current requirement for the City of Hesperia to adopt or implement proof of vaccination or mask mandates; and
WHEREAS, the City Council now desires to adopt this Ordinance to grant businesses autonomous choice in requiring proof of vaccination and/or masks in their establishment .

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

SECTION 1. All the facts set forth in the forgoing recitals are true, correct and are adopted as findings.

SECTION 2. Title 5, Chapter 5.03 of the Hesperia Municipal Code is hereby adopted a s set forth in Exhibit “A”, attached hereto.

SECTION 3. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable.

The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 4. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council and shall cause a copy of this ordinance to be published or posted in accordance with Government Code section 36933 as required by law.

SECTION 5. Effective Date. This ordinance shall be effective thirty (30) days following its adoption.

ADOPTED AND APPROVED this 15th day of March 2022.
____________________________
Brigit Bennington, Mayor
ATTEST:

Page 75 ends

Page 61 ends

01071.0001/769876.1
______________________________
Erin Baum, Assistant City Clerk

Page 76 ends

Page 62 ends

“Exhibit A”
Title 5 – BUSINESS LICENCES AND REGULATIONS
Chapter 5.03 – VACCINATION AUTONOMY

5.03.010 - Definitions
The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise:

A. “City” means the City of Hesperia.

B. “Indoor Business” means any of the following locations in the City:

1. Establishments where food or beverages are served, including, but not limited to, restaurants, bars, fast food restaurants, coffee shops, tasting rooms, food courts, breweries, wineries, and banquet halls

2. Gyms and fitness venues, including, but not limited to: gyms, recreation facilities, fitness centers, yoga, pilates, cycling, barre, and dance studios, hotel gyms, boxing and kickboxing gyms, fitness boot camps, and other facilities used for conducting indoor group fitness classes;

3. Entertainment and recreation venues, including, but not limited to, movie theaters, music and concert venues, live performance venues, adult entertainment venues, commercial event and party venues, sports arenas, convention centers, exhibition halls, museums, malls, shopping centers, performing arts theaters, bowling alleys, arcades, card rooms, family entertainment centers, play areas, pool and billiard halls, and other recreational game centers;

4. Personal care establishments, including spas, nail salons, hair salons, barbershops, tanning salons, estheticians, skin care and cosmetology services, body art professionals, piercing shops, massage therapy, and waxing centers except as medically required.

C. “COVID-19” means coronavirus disease 2019, the infectious disease caused by the SARS -CoV-2 virus that resulted in a global pandemic, including variants thereof.

D. “COVID-19 Vaccine” means a vaccine authorized to prevent COVID -19 by the United States Food and Drug Administration (FDA), including byway of an emergency use authorization, or by the World Health Organization (WHO).

E. “Vaccinated” means 14 or more days after completing the ent ire recommended series of vaccination with a COVID-19 Vaccine. Currently, an individual is considered Fully Vaccinated at least two weeks after receiving a second dose of the Pfizer or Moderna COVID-19 Vaccine or two weeks after receiving the single dose of the Johnson & Johnson Janssen COVID-19 Vaccine.

F. “Proof of Vaccination” means one of the following:

1. A vaccination card issued by the United States Centers for Disease Control and Prevention (CDC) COVID-19 vaccination card, which includes the name of the person vaccinated, type of vaccine provided, and date last dose administered, or similar documentation issued by another foreign governmental agency

2. A photo of a vaccination card (both sides) as a separate physical photograph or stored on a phone o r electronic device

3. Documentation of vaccination from a licensed healthcare provider

4. A personal digital COVID -19 vaccine record issued by the State of California or similar documentation issued by another state, local, or foreign governmental jurisdiction, or by a private company.

Page 77 ends

Page 63 ends

G. “Mask” – means a device worn over the nose and mouth to prevent inhalation or exposure of harmful substances

5.03.020 –Purpose
Businesses are granted autonomous choice in requiring proof of vaccination and/or masks in th eir establishments.

5.03.030 - Scope
A. An Indoor Business is not required to have patrons provide proof of vaccination upon entrance into their establishment. However, a business may require patrons provide proof of vaccination upon entrance into its establishment if it so chooses.

B. An Indoor Business is not required to have vaccinated patrons wear a mask upon entrance into their establishment. However, a business may require vaccinated patrons to wear a mask upon entrance into its establishment if it so chooses.”

5.03.040 – Businesses Not Applicable
Title 5 Chapter 5.0 3 is not applicable to healthcare facilities or outdoor businesses, which do not have a vaccination or mask mandate.

Page 78 ends

Page 64 ends

City of Hesperia

STAFF REPORT
DATE: March 1, 2022
TO: Mayor and City Council Members
FROM: Nils Bentsen, City Manager
BY: Melinda Sayre, Director of Government Services/ City Clerk SUBJECT: Composition of City Council Advisory Committee

RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No. 2022-16, updating the residency requirements of the City Council Advisory Committee (CCAC).

BACKGROUND
At the February 15, 2022 City Council Meeting, Mayor Bennington requested that staff bring an item forward regarding the composition of the CCAC by expanding residency requirements to include individuals residing within the City’s sphere of influence to mirror the Planning Commission’s composition and residency requirements.

ISSUES/ANALYSIS
The City Council has the authority to establish various ad visory committees and commissions.

The City’s Advisory Committee is currently comprised of (5) five members who serve voluntarily with no compensation. The CCAC meets quarterly (four times per year), in addition to special meetings held to review and vet applications for the City’s Community Assistance Program.

Each Council Member has one appointment to the CCAC and the term of each appointee commences at appointment and ends thirty (30) days after the end of the appointing Council Member’s term. Additionally, each advisory committee falls within the guidelines of the Brown Act (California Government Code § 54950, et seq.) and all meetings are open to the public and must be publicly noticed a minimum of 72 hours prior to the meeting.

Currently, eligibility for the CCAC requires that individuals be at least 18 years of age and reside within the City. Historically, it has been difficult to attract interested candidates for these volunteer positions. Expanding the residency requirements to allow individuals living within the City’s sphere of influence will cast a greater net and provide a larger pool of individuals potentially interested in serving the community in this capacity.

FISCAL IMPACT
There is no fiscal impact associated with this item at this time.

ALTERNATIVE(S)

Page 79 ends

Page 65 ends

Page 2 of 2 ends

Staff Report to the Mayor and Council
City Council Advisory Committee Residency Requirements Update March 1, 2022

1. Provide alternative direction to staff.

ATTACHMENTS

1. Resolution 2022-16, updating the CCAC’s residency requirements.

Page 80 ends

Page 66 ends

RESOLUTION NO. 2022-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA, EXPANDING RESIDENCY FOR THE CITY COUNCIL

ADVISORY COMMITTEE TO INCLUDE INDIVIDUALS RESIDING WITHIN THE CITY’S SPHERE OF INFLUENCE
WHEREAS, the City Council has the authority to establish advisory committees; and WHEREAS, The City Council Advisory Committee is an advisory resource of the City Council and at the discretion of the City Council, the City Council Advisory Committee shall review, research and provide recommendations on issues, program goals or items as assigned by the City Council.

WHEREAS, the City Council desires to expand the residency requirements for the City Council Advisory Committee to include individuals residing within the City’s sphere of influence in order to attract and retain more qualified applicants to the volunteer committee.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:

Section 1. That the recitals above are true and adopted as findings.

Section 2. City Council Ad visory Residency Requirements . The City Counci l hereby modifies the City boundary residency requirement to include individuals meeting other established requ irements that reside outside of the City w ithin it ’s sp here of influence.

Section 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Further, if any part, term, provision, sentence or section of this Resolution is found to be invalid, void or unenforceable, such part, term, sentence, provision or section shall be fully severable here from and such invalidity shal l not affect the remaining parts of this Resolution, which shall continue in full force and effect.

ADOPTED AND APPROVED this 1st day of March 2022.
______________________________
Brigit Bennington, Mayor
ATTEST:
____________________________

Page 81 ends

Erin Baum, Assistant City Clerk

Page 67 ends

Hesperia City CouncilMarch 1, 2022

Hesperia City Council
March 1, 2022