Agenda — Hesperia City Council, March 15, 2022 (part 1 of 2)

Meeting Agenda
Tuesday, March 15, 2022
Closed Session- 5:30 PM

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HOUSING AUTHORITY

COMMUNITY DEVELOPMENT COMMISSION

WATER DISTRICT
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
City Council Chambers
9700 Seventh Ave., Hesperia CA, 92345
City Clerk's Office: (760) 947-1007
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 15, 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 15, 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)

JOINT CONSENT CALENDAR

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

Recommended Action:

It
is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, March 1, 2022.

Staff Person: Assistant City Clerk Erin Baum
Draft CC Min 2022-03-01Attachments:

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 3-15-2022
Attachment 1 - Warrant Run
Attachments:

3. Treasurer’s Cash Report for the unaudited period ended January 31, 2022.

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.

Staff Person: Director of Administrative Services Casey Brooksher

Page 2 ends

Page 9 ends

Page 13 ends

Page 15 ends

March 15, 2022City Council Meeting Agenda
SR Treasurer's Report 3-15-2022
Attachment 1 - Treasurer's Report
Attachments:

4. Pre-Employment Services Contract Amendment
Recommended Action:

It
is recommended that the City Council authorize the City Manager to approve an amendment to the existing contract with Desert Valley Medical Group, Inc. for an additional $10,000 for a revised not-to-exceed contract amount of $60,000.

Staff Person: Director of Administrative Services Casey Brooksher and Deputy Human Resources/Risk Management Director Rita Perez
SR Pre-Employment Services Contract Amendment 3-15-2022Attachments:

5. Resolution Approving Institution of Proceedings to Issue 2022 Refunding Lease Revenue Bonds to Refinance the Outstanding 2012 Lease Revenue Bonds (Water Rights Acquisition) of the Hesperia Public Financing Authority Recommended Action:

It is recommended that the City Council adopt Resolution No. 2022-21 Approving Institution of Proceedings to Refinance Outstanding 2012 Lease Revenue Bonds (Water Rights Acquisition) of the Hesperia Joint Public Financing Authority, and engaging professional services relating thereto.

Staff Person: Director of Administrative Services Casey Brooksher 2012 Lease Revenue Bonds Refinance 3-15-2022
Resolution 2022-21
Attachment 2 - Refunding Analysis
Attachments:

6. Vehicle Procurement - Two Full-Size Trucks
Recommended Action:

It
is recommended that the City Council authorize the City Manager to approve the procurement of two (2) 2022 Chevrolet Double Cab Chassis trucks, enter into an agreement with Mark Christopher Fleet & Commercial in the not-to-exceed amount of $98,800; and execute a purchase order to swap out the truck boxes from the old trucks to the new trucks in the not-to-exceed amount of $15,000.

Staff Person: Director of Administrative Services Casey Brooksher and Director of Public Works Jeremy McDonald
SR Vehicle Procurement - Two Full Size Trucks 3-15-2022Attachments:

7. Parcel Map No. 20142
Recommended Action:

It
is recommended that the City Council adopt Resolution No. 2022-18 approving Parcel Map No. 20142 to create two parcels from 3.75 gross acres in the C2 Zone located one hundred (100) feet east of Balsam Avenue, on the

Page 3 ends

Page 25 ends

Page 27 ends

Page 43 ends

Page 45 ends

March 15, 2022City Council Meeting Agenda
south side of Bear Valley Road (Applicant: H&H Camp 1, LLC; APN:
0406-051-22).

Staff Person: Administrative Analyst Bethany Hudson
SR Parcel Map No. 20142 3-15-2022
Resolution 2022-18
Attachment 2 - Parcel Map 20142
Attachments:

8. Parcel Map No. 20318
Recommended Action:

It
is recommended that the City Council adopt Resolution No. 2022-19 approving Parcel Map No. 20318 to create two single family residential parcels from 2.73 gross acres located within the Agricultural A1 limited zone located on the southside of Aspen across from 15052 Aspen Street with a categorical exemption under the California Environmental Quality Act (CEQA) Section 15315 Minor Land Divisions (Applicant: TRLS Engineering, Inc.; APN:
0409-081-07).

Staff Person: Administrative Analyst Bethany Hudson
SR Parcel Map 20318 3-15-2022
Resolution 2022-19
Attachment 2 - Final Parcel Map 20318
Attachments:

9. Final Tract Map 16767
Recommended Action:

It
is recommended that the City Council adopt Resolution No. 2022-17 approving Final Tract Map No. 16767 to create 52 Single-family Residential lots on approximately 10 gross acres zoned R1- 4500 located on the south side of Hollister Street, approximately 650 feet west of Fuente Avenue (Applicant: LCTH Investment, L.P. APN: 3057-051-33).

Staff Person: Administrative Analyst Bethany Hudson
SR Final Tract Map 16767 3-15-2022
Resolution 2022-17
Attachment 2 - Final Tract Map 16767
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.

10. Fifth Public Hearing - Redistricting due to 2020 Census

Page 4 ends

Page 49 ends

Page 53 ends

Page 61 ends

March 15, 2022City Council Meeting Agenda
Recommended Action:

It
is recommended that the City Council 1.) Conduct the fifth 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 Fifth Public Hearing - Redistricting 3-15-2022
Attachment 1 - NDC Map 101
Attachment 2 - NDC Map 101b
Attachment 3 - NDC Map 101c
Attachment 4 - NDC Map 101d
Attachment 5 - NDC Map 101e
Attachment 6 - NDC Map 102
Attachment 7 - NDC Map 103
Attachment 8 - Public Map 201
Attachment 9 - Public Map 201 Renumbered
Attachment 10 - Staff Map 201b
Attachment 11 - Staff Map 201b Renumbered
Attachment 12 - Staff Map 201c
Ordinance 2022-03
Attachments:

CONSENT ORDINANCES

11. Adoption of Resolution Establishing the Formation of Community Facilities District
No. 2021-1 (Residential Maintenance and Services) and Future Annexation Area, Calling for a Special Election, and Declaring the Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien Recommended Action:

Place on second reading and adopt by title waiving the text of Ordinance 2022-01, and 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.

Staff Person: Assistant City Manager Rachel Molina and Director of Administrative Services Casey Brooksher

Page 5 ends

Page 89 ends

March 15, 2022City Council Meeting Agenda
SR Resolution Establishing the Formation of CFD 2021-1 2-15-2022 Attachment 1 - Resolution 2022-10 Formation of CFD
Attachment 2 - Resolution 2022-11 Calling for a Special Election Attachment 3 - Resolution 2022-12 Certifying Election Results Attachment 4 - Ordinance 2022-01 CFD 2021-1
Attachment 5 - CFD Special Tax Report
Attachments:

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

Place on second reading and adopt by title waving the text of Ordinance No . 2022-02 approving Development Code Amendment DCA21-00002 modifying development standards associated with metal accessory buildings.

At the March 1, 2022 Council meeting the City Council made an amendment to the Ordinance and Exhibit.

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:

13. 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:

Place on second reading and adopt by title waiving the text of Ordinance 2022-04 regarding granting businesses the choice in not requiring or requiring proof of vaccinations and/or masks in their establishment.

At the March 1, 2022 Council meeting the City Council made an amendment to the verbiage of the Ordinance and Exhibit.

Staff Person: Assistant City Manager Rachel Molina
SR Grant Businesses Autonomous Choice 3-1-2022
Ordinance 2022-04
Attachment 2 - Exhibit A
Attachment 3 - Ordinance 2022-04 Track Changes
Attachment 4 - Exhibit A Track changes
Attachments:

NEW BUSINESS

14. Support Legislation that Limits Gubernatorial Authority During a State of Emergency,
and Demand California's Governor Abide by Existing Limitations Under the California Emergency Services Act

Page 6 ends

Page 129 ends

Page 145 ends

Page 155 ends

March 15, 2022City Council Meeting Agenda
Recommended Action:

It
is recommended that the City Council adopt Resolution No. 2022-020 supporting legislation that limits the California governor's ability to extend state of emergency orders without an act of legislation, demanding that the governor abide by existing limitations regarding executive authority specified in the California Emergency Services Act, and requesting local jurisdictions adopt similar resolutions seeking to limit the governor's authority during a state of emergency.

Staff Person: Management Analyst Jamie Carone
SR Governor's Emergency Authority 3-15-2022
Resolution 2022-020
Attachments:

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.

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 7 ends

March 15, 2022City Council Meeting Agenda
I, Erin Baum, Assistant City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Wednesday, March 9, 2022 at 5:30 p.m. pursuant to California Government Code §54954.2.
_____________________________
Erin Baum,
Assistant 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 8 ends

City of Hesperia
City of Hesperia
Meeting Minutes - Draft
City Council
Tuesday, March 1, 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
March 1, 2022
9700 7th Avenue, Council Chambers, Hesperia, CA 92345
CLOSED SESSION - 5:30 PM
Roll Call

Present: 4 - Mayor Gregg, Mayor Pro Tem Bennington, Council Member Bird and Council Member Swanson
A
bsent: 1 - Council Member Holland
Conference with Legal Cou
nsel - 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
C. Roll Call

Present: 5 - Mayor Bennington, Mayor Pro Tem Holland, Council Member Bird, Council Member G
regg and Council Member Swanson
D. A genda Revisions and Announcements by City Clerk
A
“revised” agenda was posted removing one public hearing item and item #6 will be heard first during public hearing to comply with its “t
ime certain” designation.

E. Closed Session Reports by City Attorney
City Council Chambers
9700 Seventh Ave.

Hesperia CA, 92345

Page 9 ends

City of Hesperia
None
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Daniel Krist commented on world events.

Bob Nelson commented on speaking limits.

Cheryl Johnson commented on the aqueduct.

JOINT CONSENT CALENDAR
A motion was made by Holland, seconded by Bird, that this item be approved. The motion carried by the following vote:

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

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

Recommended Action:

It is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, February 15, 202

2. Sponsors: Assistant City Clerk Erin Baum

2. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Comm
ission - 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 Co
mmunity Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.

Sponsors: Director of Administrative Services Casey Brooksher

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 Hesp
eria 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.

Sponsors: Director of Administrative Services Casey Brooksher

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

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

Sponsors: Management Analyst Jamie Carone

PUBLIC HEARING

Page 10 ends

City of Hesperia
Item 6 was heard first during Public Hearing as it was a “time certain” item

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 redrawin
g 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.

Sponsors: Director of Government Services/City Clerk Melinda Sayre No Action was taken on this item. A fifth public hearing will be scheduled for the March 15, 2022 Regular City Council Meeting.

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 ap
proving Development Code Amendment DCA21-00002 modifying development standards associated with metal accessory buildings.

Sponsors: Senior Planner Ryan Leonard
A motion was made by Holland, seconded by Gregg, that this item be approved as amended. The motion carried by the following vote:

Aye: 4 - Bennington, Bird, Holland and Gregg
Nay: 1 - Swanson

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

Sponsors: Assistant City Manager Rachel Molina
Tracy Van Costanza spoke during public hearing.

Cheryl Johnson spoke during public hearing.

A motion was made by Swanson, seconded by Bird, that this item be approved as amended. The motion carried by the follow
ing vote:

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

NEW BUSINESS

8. Composition of City Council Advisory Committee
Recommended Action:

Page 11 ends

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

Sponsors: Director of Government Services/City Clerk Melinda Sayre A motion was made by Bird, seconded by Gregg, that this item be approved. The motion carried by the following vote:

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

COUNCIL COMMITTEE REPORTS AND COMMENTS
Council Member Swanson commented on attendance at the Tri-Agency meeting, the Association of San Bernardino County Special Districts meeting, and the SBCTA meeting scheduled for tomorrow.

Council Member Bird commented on the Silverwood project ground breaking, attendance at the Tri-Agency meeting, VVTA meeting attendance, the City's achievements with VVWRA and meeting attendance, and the end of HUSD mask mandates.

Council Member Gregg thanked Public Works staff for their work during the recent storms, asked people to drive safely, commended the City Manager and staff for securing water, and wished a happy birthday to Mayor Bennington.

Mayor Pro Tem Holland thanked Council Member Bird for attending VVWRA meeting in his place and commended the City's dealings with them, commented on a public commenter regarding the aqueduct and the City's water supply, and mask mandates.

Mayor Bennington thanked public attendees, commented on MDAQMD board meeting attendance, the Silverwood project ground breaking, the upcoming High Desert mayors meeting, public participation in redistricting, public commenters, and thanked City, police and fire staff.

CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
None

ADJOURNMENT
The meeting was adjourned at 8:32 PM.
_____________________________
Erin Baum,
Assistant City Clerk

Page 12 ends

City of Hesperia

STAFF REPORT

DATE: March 15, 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

BACKGROUND

The Warrant Run totals represented below are f or th e period January 29, 2022 through February 11, 2022.

ATTACHMENT(S)

1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $3,856,073.34 $223,546.37 $0.00 $4,079,619.71 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 0.00 0.00 0.00 0.00
Community Development Commission 0.00 0.00 0.00 0.00
Water 861,667.99 102,826.04 0.00 964,494.03
Totals $4,717,741.33 $326,372.41 $0.00 $5,044,113.74

Page 13 ends

YEAR-TO PRIOR FY YTD

W/E W/E WARRANT DATE DAT E
FUND # FUND NAME 2/3/2018 2/10/2018 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 104,576.78$ 99,601.56$ 204,178.34$ -$ 17,274,337.78$ 15,949,023.48$ 204 MEASURE I - RENEWAL 4,850.00$ 27,522.50$ 32,372.50$ -$ 117,866.36$ 541,522.37$ 207 LOCAL TRANSPORT-SB 325 -$ -$ -$ -$ 25,259.36$ 16,902.70$ 209 GAS TAX-RMRA -$ 615.00$ 615.00$ -$ 68,083.24$ 2,751,697.93$ 210 HFPD (PERS) -$ -$ -$ -$ 1,007,746.00$ 975,994.00$ 251 CDBG 1,710.50$ 1,980.50$ 3,691.00$ -$ 599,394.30$ 650,456.73$ 254 AB2766 - TRANSIT -$ -$ -$ -$ -$ -$
256 ENVIRONMENTAL PROGRAMS GRANT 38.01$ 3,015.00$ 3,053.01$ -$ 26,302.35$ 15,866.43$ 257 NEIGHBORHOOD STABILIZATION PROG -$ -$ -$ -$ -$ 5,404.88$ 258 CDBG-CV CARES ACT -$ -$ -$ -$ -$ -$
260 DISASTER PREPARED GRANT -$ -$ -$ -$ -$ -$
263 STR
EETS MAINTENANCE 2,801.27$ 42,239.84$ 45,041.11$ -$ 1,101,807.13$ 1,493,120.63$ 300 DEV. IMPACT FEES - STREET -$ -$ -$ -$ 35,488.33$ 269,608.05$ 301 DEV. IMPACT FEES - STORM DRAIN -$ 5,100.00$ 5,100.00$ -$ 39,869.50$ 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 1,918,743.99$ 32,830.93$ 1,951,574.92$ -$ 2,064,433.00$ -$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ -$ 6,888.17$ -$ 313 DIF A-04 DRAINAGE -$ 675.00$ 675.00$ -$ 963,699.00$ -$ 396 DEVELOPMENT IMPACT -$ -$ -$ -$ -$ -$
399 FEMA-1203-DR (DISASTER) -$ -$ -$ -$ -$ -$
400 2004 STR
EETS -$ -$ -$ -$ -$ -$
401 CITY DEBT SERVICES -$ -$ -$ -$ -$ -$
402 WATER RIGHTS ACQUISITION -$ -$ -$ -$ 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 317,369.79$ 56,043.08$ 373,412.87$ -$ 1,086,900.22$ 361,022.84$ 509 CITY FACILITIES CIP -$ -$ -$ -$ -$ -$
800 EMPLOYEE BENEFITS 107,781.38$ 312,844.15$ 420,625.53$ -$ 5,016,322.12$ 4,611,060.30$ 801 TRUST/AGENCY 85,460.06$ 705,103.50$ 790,563.56$ -$ 2,417,365.00$ 1,465,248.38$ 802 AD 91-1 AGENCY -$ -$ -$ -$ -$ -$
804 TRU
ST-INTEREST BEARING 17,035.50$ 8,135.00$ 25,170.50$ -$ 54,075.50$ 966.55$ 807 CFD 2005-1 -$ -$ -$ -$ 933,223.43$ 1,488,502.46$ 808 HFPD (TRANSITION) -$ -$ -$ -$ 369,875.18$ 349,739.56$ 815 PLAN REVIEW TRUST - FRONTIER -$ -$ -$ -$ -$ -$ CITY 2,560,367.28$ 1,295,706.06$ 3,856,073.34$ -$ 34,944,155.92$ 32,067,494.79$ 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 -$ -$ -$ -$ 18,824.93$ 44, 010.04$ HOUSING AUTHORITY -$ -$ -$ -$ 18,824.93$ 44,010.04$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ 1,135.42$ C
OMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ 1,135.42$ 700 WATER OPERATING 22,737.29$ 230,746.87$ 253,484.16$ -$ 5,998,229.85$ 12,317,377.62$ 701 WAT
ER CAPITAL -$ -$ -$ -$ 88,561.90$ 849,938.41$
710 SEWER OPERATING 345,234.87$ 261,910.68$ 607,145.55$ -$ 3,278,098.44$ 2,385,900.13$ 711 SEWER CAPITAL 962.00$ -$ 962.00$ -$ 151,623.87$ 1,488,360.21$ 713 SEWER CAPITAL REHAB AND REPLACE -$ -$ -$ -$ -$ 54,882.50$ 720 RECLAIMED WATER OPERATIONS 76.28$ -$ 76.28$ -$ 236,200.80$ 234,635.83$ WATER 369,
010.44$ 492,657.55$ 861,667.99$ -$ 9,752,714.86$ 17,331,094.70$ ACCOUNTS PAYABLE TOTAL 2,929,377.72$ 1,788,363.61$ 4,717,741.33$ -$ 52,659,863.93$ 57,030,723.39$ REG. PAYROLL
City 223,546.37$ -$ 223,546.37$ -$ 3,746,370.39$ 3,565,142.61 Housing Authority -$ -$ -$ -$ 745.24$ 3,673.61
Water 102,826.04$ -$ 102,826.04$ -$ 1,647,311.14$ 1,693,174.55$ PAYROLL TOTAL 326,372.41$ -$ 326,372.41$ -$ 5,394,426.77$ 5,261,990.77$ City of Hesperia

WARRANT RUNS
01/29/2022-02/11/2022
* The year to date totals for this W arrant 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 15, 2022
TO: Mayor and Council Members
City Council, Serving 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
Nichole Eddleman, Financial Analyst

SUBJECT: Treasurer’s Cash Report for the unaudited period ended January 31, 2022.

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 Water District.

BACKGROUND

This report is presented to the City Council pursuant to Government Code Se ction 53646 (b) setting forth the City’s investment portfolio.

ISSUES/ANALYSIS

The Treasurer’s Cash Reports are presented on the following pages for each agency.

FISCAL IMPACT

These reports reflect unaudited cash balances as of January 31, 2022.

ALTERNATIVE(S)

Provide alternative direction to staff.

ATTACHMENT(S)

1. City of Hesperia Investment Report

2. Successor Agency to the Hesperia Community Redevelopment Agency Investment Report

3. Hesperia Housing Authority Investment Report

4. Community Development Commission Investment Report

5. Hesperia Water District Investment Report

Page 15 ends

Page 2 of 4 ends

Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
March 15, 2022

FUND VALUE
General Fund (100 & 800) 15,035,253.01$
Fire District Fund (200) 321.00
HFPD (PERS) (210) 2,662,618.94
AB27666 - Transit (254) 23,916.82
AB3229 Supplemental Law (255) 158,768.17
AD No. 91-1 (802) 372,564.58
Beverage Recycling Grant (256) 207,730.09
CFD 2005-1 (807) 1,493,301.99
HFPD Transition (808) 36,487.99
City Wide-Capital Projects (504) (893,467.47)
Community Dev Block Grant (251, 252, & 253) 678,062.56
American Rescue Plan Grant (261) 11,710,108.65
Development Impact Fund (300-304) 5,562,780.46
Development Impact Fund 2018 (306-312) 15,256,911.62
Development Impact Fund A-04 Drainage (313) 7,099.66
Disaster (260) 44,179.35
Gas Tax Fund (205) 726,364.63
Gas Tax - RMRA (209) 1,677,422.31
Gas Tax Swap (206) 680,187.69
Local Transportation SB325 (207) 2,315,520.48
Measure I - Renewal (204) 7,813,193.55
Neighborhood Stabilization Prog (257) 2,887,811.58
Public Works Street Maint (263) 763,008.06
Trust Fund (801, 803-806, & 815) 2,535,168.00
2012 Water Rights Acquisition (402) 546,750.49
2013 Refunding Lease Rev Bonds (403) 1,675,636.74
TOTAL CITY FUNDS 73,977,700.95$

CITY OF HESPERIA

Page 16 ends

Page 3 of 4 ends

Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
March 15, 2022

FUND VALUE
RORF Retention - (163) 3,436,298.63$

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

FUND VALUE

Hesperia Housing Authority Fund (370) 3,627,367.76$
VVEDA Housing Authority (371) 1,822,137.48
TOTAL HOUSING AUTHORITY FUNDS 5,449,505.24$

HESPERIA HOUSING AUTHORITY

FUND VALUE

Community Development Commission Fund (170) (600,672.50)$

COMMUNITY DEVELOPMENT COMMISSION

Page 17 ends

Page 4 of 4 ends

Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
March 15, 2022

VALUE
Water Operating (700) 13,539,008.95$
Water Capital (701) (6,881,581.35)
Water Capital Rehab and Replace (703) 1,422,412.09
Water Contamination Mitigation (704) 1,917,287.72
Sewer Operating (710) 14,605,358.80
Sewer Capital (711) 3,442,089.93
Sewer Capital Rehab and Replace (713) 740,998.09
Reclaimed Water Operations (720) (470,760.35)
TOTAL WATER FUNDS 28,314,813.88$
1 WATER
FUND

Page 18 ends

Page 19 ends

Page 20 ends

Page 21 ends

Page 22 ends

Page 23 ends

THIS PAGE LEFT INTENTIONALLY BLANK

Page 24 ends

City of Hesperia

STAFF REPORT

DATE: March 15, 2022
TO: Mayor and Council Members

FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Rita Perez, Deputy Human Resources/Risk Management Director

SUBJECT: Pre-Employment Services Contract Amendment

RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager to approve an amendment to the existing contract with Desert Valley Medical Group, Inc. for an additional $10,000 for a revised not-to-exceed contract amount of $60,000.

BACKGROUND
Pre-employment services, such as medical physicals and evaluations, are performed in compliance with Federal and State requirements for prospective and current employees in order to determine their suitability for City employment, a Department of Transportation Medical Certification or Respiratory Fitness. .

ISSUES/ANALYSIS
The City executed a one -year agreement with Desert Valley Medical Group, Inc. in the amount not-to-exceed $50,000 for Fiscal Year (FY) 2017 -18. An amendment to the agreement was approved to extend services for one (1) additional year for Fiscal Years 2018 -19 through FY 2021-22. While the existing fee schedule will be maintained, additional contract authority is needed to continue pre-employment services through the end of Fiscal Year 2021-22. A Request for Bids (RFB) for FY 2022-23 pre-employment services will be conducted in spring 2022.

FISCAL IMPACT

Funding exists within the FY 2021 -22 adopted budget in Human Resources/Risk Management Division funds and will continue to be budgeted on an annual basis.

ALTERNATIVE(S)

1. Provide staff alternative[s]

ATTACHMENT(S)

None

Page 25 ends

THIS PAGE LEFT INTENTIONALLY BLANK

Page 26 ends

City of Hesperia

STAFF REPORT

DATE: March 15, 2022
TO: Mayor and Council Members

FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services

SUBJECT: Resolution Approving Institution of Proceedings to Issue 2022 Refunding Lease Revenue Bonds to Refinance the Outstanding 2012 Lease Revenue Bonds (Water Rights Acquisition) of the Hesperia Public Financing Authority

RECOMMENDED ACTION

BACKGROUND

In 2012, the Hesperia Joint Public Financing Authority (Authority) issued the following bonds (2012 Bonds) to assist the City with the acquisition of water rights

Issue Outstanding Par

Hesperia Joint Public Financing Authority , 2012 Lease Revenue Bonds (Water Rights Acquisition) (1)

$ 26,735,000
(1) Callable any date after 10 /1/2022 at par. Current outstanding principal balance is $21,350,000

The 2012 Bonds are payable from lease payments made by the City to the Authority from the City’s General Fund for use and occupancy of the City’s Police Station, Civic Plaza Park and Hesperia Branch Library.

The City’s municipal advisor, in consultation with the proposed underwriter, estimates that, based on current market conditions:

(i) the projected debt service savings from issuing refunding bonds (Refunding Bonds) to refinance the outstanding 2012 Bonds is $3,077,450, or an average annual reduction in debt service payments of $153,873 over the next twenty (20) years,

(ii) the projected true interest cost is estimated to be 2.91%, and

(iii) the principal amount of outstanding bonds is projected to be reduced by $3,730,000, from $21,350,000 to $17,620,000.

The final maturity date of the Refunding Bonds would be the same as the final maturity date of the 2012 Bonds: October 1, 2042.

Page 27 ends

Page 2 of 3 ends

Staff Report to the Mayor and City Council authorizing staff to refinance the Outstanding 2012 Lease Revenue Bonds (Water Rights Acquisition)
March 15, 2022

The City’s Debt Policy requires a threshold of at least 3% net present value savings to be met in order to refund bonds. Under current market conditions, the proposed refunding which includes the costs of issuing the Refunding Bonds, results in projected net present value savings of 5.60% of the outstanding principal amount of the 2012 Bonds.

Below is a table summarizing the details of the 2022 Refunding Bonds:

*Preliminary subject to change. Based on interest rates as of March 3, 2022.

The adoption of the Resolution authorizes staff to initiate the proceedings for a refunding of the 2012 Bonds; approves professional services related to the refunding; and directs City officials to execute related documents as needed. The City’s bond issu ance team has been in place for many years and staff recommends these firms to continue providing those services for this refunding issue. The Resolution authorizes the following firms to participate in the transaction and the City Manager and/or the Director of Administrative Services to execute agreements as necessary:

 Bond/Disclosure Counsel Services – Jones Hall, A Professional Law Corporation  Municipal Advisor – Fieldman, Rolapp & Associates
 Underwriter – Stifel, Nicolaus & Company

The Resolution also authorizes the City Manager and/or the Director of Administrative Services to select and execute an agreement with a state or national bank to act as trustee for the Refunding Bonds.

The next steps will be to prepare required legal and financing docume nts and secure an underlying credit rating from Standard & Poor’s. The final step will be for the City Council/Authority to consider resolutions authorizing the issuance of the Refunding Bonds and approving related documents, including the Preliminary Official Statement (bond offering document). Based on the current schedule, staff anticipates returning to the City Council/Authority for authorization to issue the Refunding Bonds at a June City Council meeting.

Refunding Statistics* 2022 Lease Revenue
Refunding Bonds
Amount of Refunded Bonds 21,350,000
Call Date 10/01/2022 @ 100
Rating "AA'-"
Refunding Type Tax-Exempt
Final Maturity 10/1/2042
Amount of Refunding Bonds 17,620,000
True Interest Costs 2.91%
Avg. Annual Savings 153,873
Total Gross Savings 3,077,450
Net PV Savings 2,377,995
% Savings of Refunded Bonds 4.24%

Page 28 ends

Page 3 of 3 ends

Staff Report to the Mayor and City Council authorizing staff to refinance the Outstanding 2012 Lease Revenue Bonds (Water Rights Acquisition)
March 15, 2022

FISCAL IMPACT

The issuance of the Refunding Bonds will result in an average annual reduction in debt service payments of approximately $153,873. These are estimated savings based on market conditions as of March 3, 2022 and are subject to change. Costs will be paid from the proceeds of t he Refunding Bonds.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. City Council Resolution No. 2022-21

2. Refunding Analysis

Page 29 ends

RESOLUTION NO. 2022-21

RESOLUTION OF THE CITY OF HESPERIA APPROVING

INSTITUTION OF PROCEEDINGS TO REFINANCE OUTSTANDING
2012 LEASE REVENUE BONDS (WATER RIGHTS ACQUISITION) OF

THE HESPERIA JOINT PUBLIC FINANCE AUTHORITY , AND

ENGAGING PROFESSIONAL SERVICES RELATING THERETO

WHEREAS, the Hesperia Joint Public Finance Authority (the “ Financing Authority”) has previously issued its 2012 Lease Revenue Bonds (Water Rights Acquisition) in the aggregate principal amount of $26,735,000 (the “2012 Bonds”), under an Indenture of Trust dated as of December 1, 2012, which are secured by lease payments made by the City of Hesperia (the “City”) under a Lease Agreement dated as of December 1, 2012 (the “2012 Lease Agreement”), between the Financing Authority as lessor and the City as lessee; and

WHEREAS, the 2012 Bonds maturing on or after October 1, 2023 are subject to optional redemption , without premium, prior to maturity on any date on or after October 1, 2022, at the option of the Authority; and

WHEREAS, the Financing Authority is authorized to issue its refunding lease revenue bonds (the “Refunding Bonds”) for the purpose of refinancing the 2012 Bonds and thereby providing debt service savings to the Financing Authority and the City; and

WHEREAS, the City Council has considered a financing plan for such purposes and wishes at this time to authorize and direct City staff to implement such financing plan and to engage the necessary professional services.

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

Section 1. The City Council hereby authorizes and directs the City Manager and/or the Director of Administrative Services to initiate proceedings for the issuance of Refunding Bonds by the Financing Authority under the applicable provisions of California law, for the purpose of refinancing the 2012 Bonds. Such officers and staff shall cause the necessary documentation relating to the issuance and sale of the Refunding Bonds to be prepared and presented to the City Council and to the governing board of the Financing Authority for consideration at a future meeting of the City Council and the Financing Authority.

Section 2. In connection with the issuance and sale of the Refunding Bonds, the City Council hereby designates the following professional firms to participate in the transaction: (a) Fieldman, Rolapp & Associates as municipal advisor; (b) Jones Hall, A Professional Law Corporation, as bond counsel and disclosure counsel; and (c) Stifel, Nicolaus & Company, Incorporated, as underwriter. The City Manager and/or the Director of Administrative Services, each acting alone, is hereby authorized and directed to execute agreements for said services with Fieldman, Rolapp & Associates and Jones Hall, A Professional Law Corporation, in the respective forms on file with the City Clerk. The City Council will approve a bond purchase agreement among the City, the Financing Authority and the Underwriter in connection with approving the Refunding Bonds . The

Page 30 ends

Resolution No. 2022-21

Page 2 of 2 ends

City Manager and/or the Director of Administrative Services, each acting alone, is hereby authorized and directed to select a state or national bank to act as trustee for the Refunding Bonds and to execute an agreement with such bank.

Section 3. Effective Date. This Resolution shall take effect immediately upon its passage and adoption.

* * * * * * * * * * * *

PASSED, APPROVED AND ADOPTED by the City Council of the City of Hesperia at a regular meeting held this 15th day of March, 2022.

AYES: Councilmember:

NOES: Councilmember:

ABSENT: Councilmember:

ABSTAIN: Councilmember

Brigit Bennington, Mayor
ATTEST:

Erin Baum, Assistant City Clerk

Page 31 ends

Mar 3, 2022 2:19 pm Prepared by Stifel, Nicolaus & Compan y (SOB) (Finance 8.800 Hesperia LRB ...:030322-REFUND22,REFUND22) Page 1

SOURCES AND USES OF FUNDS
Hesperia Public Financing Authority
2022 Lease Revenue Refunding Bonds (Water Rights Acquisition) (Current Refunding of the Outstanding 2012 Lease Revenue Bonds) ___________________________________________________________________________ Scale Reflects A (S&P) Underlying Rating as of October 7, 2021 (most recent affirmation) Interest Rates as of March 3, 2022
Dated Date 07/15/2022
Delivery Date 07/15/2022
Sources:

Bond Proceeds:

Par Amount 17,620,000.00
Premium 2,191,423.10
19,811,423.10
Other Sources of Funds:

Lease Payment Fund 942,813.06
Debt Service Reserve Fund 1,452,131.26
2,394,944.32
22,206,367.42
Uses:

Refunding Escrow Deposits:

Cash Deposit 0.48
SLGS Purchases 21,699,208.00
21,699,208.48
Delivery Date Expenses:

Cost of Issuance 175,000.00
Underwriter's Discount 132,150.00
Bond Insurance (65 bps) 169,441.51
Surety (2.25%) 29,227.50
505,819.01
Other Uses of Funds:

Additional Proceeds 1,339.93
22,206,367.42
Notes:

1. All Numbers are Preliminary and Subject to Change.

2. Use of 'A' rating(S&P) is consistent with the rating of the Outstanding Prior Bonds.

3. Interest Rate Assumptions are Based on Current Market Conditions and Similar Credits.

4. City's Actual Results May Differ, and Stifel makes no Commitment to Underwrite at These Levels.

5. Costs of Issuance and Underwriter's Discount are Estimates for Discussion Purposes.

6. Analysis was Performed with no Changes to the Term or the Structure of the Debt Service from the Currently Outstanding Issue.

7. Escrow has been funded with SLGS but in no way is Stifel recommending any particular investment strategy.

Attachment 2

Page 32 ends

Mar 3, 2022 2:19 pm Prepared by Stifel, Nicolaus & Compan y (SOB) (Finance 8.800 Hesperia LRB ...:030322-REFUND22,REFUND22) Page 2

SUMMARY OF REFUNDING RESULTS
Hesperia Public Financing Authority
2022 Lease Revenue Refunding Bonds (Water Rights Acquisition) (Current Refunding of the Outstanding 2012 Lease Revenue Bonds) ___________________________________________________________________________ Scale Reflects A (S&P) Underlying Rating as of October 7, 2021 (most recent affirmation) Interest Rates as of March 3, 2022
Dated Date 07/15/2022
Delivery Date 07/15/2022
Arbitrage yield 2.498301%
Escrow yield 0.243027%
Value of Negative Arbitrage 102,368.46
Bond Par Amount 17,620,000.00
True Interest Cost 2.911048%
Net Interest Cost 3.022357%
All-In TIC 3.006700%
Average Coupon 3.996562%
Average Life 11.997
Par amount of refunded bonds 21,350,000.00
Average coupon of refunded bonds 3.504700%
Average life of refunded bonds 11.400
PV of prior debt to 07/15/2022 @ 2.498301% 23,582,873.15 Net PV Savings 927,203.87
Percentage savings of refunded bonds 4.342875%
Notes:

1. All Numbers are Preliminary and Subject to Change.

2. Use of 'A' rating(S&P) is consistent with the rating of the Outstanding Prior Bonds.

3. Interest Rate Assumptions are Based on Current Market Conditions and Similar Credits.

4. City's Actual Results May Differ, and Stifel makes no Commitment to Underwrite at These Levels.

5. Costs of Issuance and Underwriter's Discount are Estimates for Discussion Purposes.

6. Analysis was Performed with no Changes to the Term or the Structure of the Debt Service from the Currently Outstanding Issue.

7. Escrow has been funded with SLGS but in no way is Stifel recommending any particular investment strategy.

Page 33 ends

Mar 3, 2022 2:19 pm Prepared by Stifel, Nicolaus & Compan y (SOB) (Finance 8.800 Hesperia LRB ...:030322-REFUND22,REFUND22) Page 3

SAVINGS
Hesperia Public Financing Authority
2022 Lease Revenue Refunding Bonds (Water Rights Acquisition) (Current Refunding of the Outstanding 2012 Lease Revenue Bonds) ___________________________________________________________________________ Scale Reflects A (S&P) Underlying Rating as of October 7, 2021 (most recent affirmation) Interest Rates as of March 3, 2022
Present Value
Prior Prior Prior Refunding to 07/15/2022
Date Debt Service Receipts Net Cash Fl ow Debt Service Savings @ 2.4983007% 10/01/2022 1,090,337.50 942,813.06 147,524.44 147,524.44 -4,928.85 10/01/2023 1,451,475.00 1,451,475.00 1,298,800.00 152,675.00 148,108.04 10/01/2024 1,447,475.00 1,447,475.00 1,295,800.00 151,675.00 143,523.56 10/01/2025 1,452,131.26 1,452,131.26 1,296,200.00 155,931.26 143,958.63 10/01/2026 1,450,131.26 1,450,131.26 1,295,600.00 154,531.26 139,187.63 10/01/2027 1,450,531.26 1,450,531.26 1,299,000.00 151,531.26 133,149.46 10/01/2028 1,450,181.26 1,450,181.26 1,296,200.00 153,981.26 131,997.28 10/01/2029 1,447,993.76 1,447,993.76 1,292,400.00 155,593.76 130,116.96 10/01/2030 1,450,025.00 1,450,025.00 1,297,600.00 152,425.00 124,351.13 10/01/2031 1,449,962.50 1,449,962.50 1,296,400.00 153,562.50 122,212.34 10/01/2032 1,448,925.00 1,448,925.00 1,294,000.00 154,925.00 120,279.37 10/01/2033 1,450,681.26 1,450,681.26 1,295,400.00 155,281.26 117,601.19 10/01/2034 1,449,981.26 1,449,981.26 1,295,400.00 154,581.26 114,197.15 10/01/2035 1,448,056.26 1,448,056.26 1,294,000.00 154,056.26 111,016.19 10/01/2036 1,449,906.26 1,449,906.26 1,296,200.00 153,706.26 108,046.31 10/01/2037 1,448,943.76 1,448,943.76 1,296,800.00 152,143.76 104,319.02 10/01/2038 1,451,531.26 1,451,531.26 1,295,800.00 155,731.26 104,153.73 10/01/2039 1,447,487.50 1,447,487.50 1,293,200.00 154,287.50 100,652.04 10/01/2040 1,451,993.76 1,451,993.76 1,299,000.00 152,993.76 97,355.50 10/01/2041 1,449,687.50 1,449,687.50 1,297,800.00 151,887.50 94,277.19 10/01/2042 1,450,750.00 1,450,750.00 1,294,800.00 155,950.00 94,421.31 30,088,187.62 942,813.06 29,145,374.56 26,067,924.44 3,077,450.12 2,377,995.20 Savings Summary
PV of savings from cash flow 2,377,995.20
Less: Prior funds on hand -1,452,131.26
Plus: Refunding funds on hand 1,339.93
Net PV Savings 927,203.87
Notes:

1. All Numbers are Preliminary and Subject to Change.

2. Use of 'A' rating(S&P) is consistent with the rating of the Outstanding Prior Bonds.

3. Interest Rate Assumptions are Based on Current Market Conditions and Similar Credits.

4. City's Actual Results May Differ, and Stifel makes no Commitment to Underwrite at These Levels.

5. Costs of Issuance and Underwriter's Discount are Estimates for Discussion Purposes.

6. Analysis was Performed with no Changes to the Term or the Structure of the Debt Service from the Currently Outstanding Issue.

7. Escrow has been funded with SLGS but in no way is Stifel recommending any particular investment strategy.

Page 34 ends

Mar 3, 2022 2:19 pm Prepared by Stifel, Nicolaus & Compan y (SOB) (Finance 8.800 Hesperia LRB ...:030322-REFUND22,REFUND22) Page 4

BOND SUMMARY STATISTICS
Hesperia Public Financing Authority
2022 Lease Revenue Refunding Bonds (Water Rights Acquisition) (Current Refunding of the Outstanding 2012 Lease Revenue Bonds) ___________________________________________________________________________ Scale Reflects A (S&P) Underlying Rating as of October 7, 2021 (most recent affirmation) Interest Rates as of March 3, 2022
Dated Date 07/15/2022
Delivery Date 07/15/2022
First Coupon 10/01/2022
Last Maturity 10/01/2042
Arbitrage Yield 2.498301%
True Interest Cost (TIC) 2.911048%
Net Interest Cost (NIC) 3.022357%
All-In TIC 3.006700%
Average Coupon 3.996562%
Average Life (years) 11.997
Duration of Issue (years) 9.589
Par Amount 17,620,000.00
Bond Proceeds 19,811,423.10
Total Interest 8,447,924.44
Net Interest 6,388,651.34
Bond Years from Dated Date 211,379,777.78
Bond Years from Delivery Date 211,379,777.78
Total Debt Service 26,067,924.44
Maximum Annual Debt Service 1,299,000.00
Average Annual Debt Service 1,289,781.86
Underwriter's Fees (per $1000)
Average Takedown
Other Fee 7.500000
Total Underwriter's Discount 7.500000
Bid Price 111.687135
Par Average Average
Bond Component Value Price Coupon Life
Bond Component 11,850,000.00 112.740 3.993% 8.932
Term Bond 2042 5,770,000.00 111.815 4.000% 18.290
17,620,000.00 11.997

Page 35 ends

Mar 3, 2022 2:19 pm Prepared by Stifel, Nicolaus & Compan y (SOB) (Finance 8.800 Hesperia LRB ...:030322-REFUND22,REFUND22) Page 5

1. All Numbers are Preliminary and Subject to Change.

2. Use of 'A' rating(S&P) is consistent with the rating of the Outstanding Prior Bonds.

3. Interest Rate Assumptions are Based on Current Market Conditions and Similar Credits.

4. City's Actual Results May Differ, and Stifel makes no Commitment to Underwrite at These Levels.

5. Costs of Issuance and Underwriter's Discount are Estimates for Discussion Purposes.

6. Analysis was Performed with no Changes to the Term or the Structure of the Debt Service from the Currently Outstanding Issue.

7. Escrow has been funded with SLGS but in no way is Stifel recommending any particular investment strategy.

Page 36 ends

Mar 3, 2022 2:19 pm Prepared by Stifel, Nicolaus & Compan y (SOB) (Finance 8.800 Hesperia LRB ...:030322-REFUND22,REFUND22) Page 6

BOND PRICING
Hesperia Public Financing Authority
2022 Lease Revenue Refunding Bonds (Water Rights Acquisition) (Current Refunding of the Outstanding 2012 Lease Revenue Bonds) ___________________________________________________________________________ Scale Reflects A (S&P) Underlying Rating as of October 7, 2021 (most recent affirmation) Interest Rates as of March 3, 2022
Maturity Yield to Call Call Premium
Bond Component Date Amount Rate Yield Price Maturity Date Price (-Discount) Bond Component:
10/01/2023 600,000 3.000% 1.160% 102.205 13,230.00
10/01/2024 615,000 4.000% 1.340% 105.774 35,510.10
10/01/2025 640,000 4.000% 1.540% 107.676 49,126.40
10/01/2026 665,000 4.000% 1.610% 109.691 64,445.15
10/01/2027 695,000 4.000% 1.790% 110.946 76,074.70
10/01/2028 720,000 4.000% 1.850% 112.558 90,417.60
10/01/2029 745,000 4.000% 1.950% 113.725 102,251.25
10/01/2030 780,000 4.000% 2.010% 114.991 116,929.80
10/01/2031 810,000 4.000% 2.050% 116.289 131,940.90
10/01/2032 840,000 4.000% 2.130% 117.077 143,446.80
10/01/2033 875,000 4.000% 2.240% 115.982 C 2.368% 10/01/2032 100.000 139,842.50 10/01/2034 910,000 4.000% 2.330% 115.095 C 2.553% 10/01/2032 100.000 137,364.50 10/01/2035 945,000 4.000% 2.400% 114.410 C 2.696% 10/01/2032 100.000 136,174.50 10/01/2036 985,000 4.000% 2.450% 113.924 C 2.805% 10/01/2032 100.000 137,151.40 10/01/2037 1,025,000 4.000% 2.520% 113.248 C 2.915% 10/01/2032 100.000 135,792.00 11,850,000
1,509,697.60
Term Bond 2042:
10/01/2038 1,065,000 4.000% 2.670% 111.815 C 3.201% 10/01/2032 100.000 125,829.75 10/01/2039 1,105,000 4.000% 2.670% 111.815 C 3.201% 10/01/2032 100.000 130,555.75 10/01/2040 1,155,000 4.000% 2.670% 111.815 C 3.201% 10/01/2032 100.000 136,463.25 10/01/2041 1,200,000 4.000% 2.670% 111.815 C 3.201% 10/01/2032 100.000 141,780.00 10/01/2042 1,245,000 4.000% 2.670% 111.815 C 3.201% 10/01/2032 100.000 147,096.75 5,770,000
681,725.50
17,620,000 2,191,423.10
Dated Date 07/15/2022
Delivery Date 07/15/2022
First Coupon 10/01/2022
Par Amount 17,620,000.00
Premium 2,191,423.10
Production 19,811,423.10 112.437135%
Underwriter's Discount -132,150.00 -0.750000%
Purchase Price 19,679,273.10 111.687135%
Accrued Interest
Net Proceeds 19,679,273.10

Page 37 ends

Mar 3, 2022 2:19 pm Prepared by Stifel, Nicolaus & Compan y (SOB) (Finance 8.800 Hesperia LRB ...:030322-REFUND22,REFUND22) Page 7

1. All Numbers are Preliminary and Subject to Change.

2. Use of 'A' rating(S&P) is consistent with the rating of the Outstanding Prior Bonds.

3. Interest Rate Assumptions are Based on Current Market Conditions and Similar Credits.

4. City's Actual Results May Differ, and Stifel makes no Commitment to Underwrite at These Levels.

5. Costs of Issuance and Underwriter's Discount are Estimates for Discussion Purposes.

6. Analysis was Performed with no Changes to the Term or the Structure of the Debt Service from the Currently Outstanding Issue.

7. Escrow has been funded with SLGS but in no way is Stifel recommending any particular investment strategy.

Page 38 ends

Mar 3, 2022 2:19 pm Prepared by Stifel, Nicolaus & Compan y (SOB) (Finance 8.800 Hesperia LRB ...:030322-REFUND22,REFUND22) Page 8

BOND DEBT SERVICE
Hesperia Public Financing Authority
2022 Lease Revenue Refunding Bonds (Water Rights Acquisition) (Current Refunding of the Outstanding 2012 Lease Revenue Bonds) ___________________________________________________________________________ Scale Reflects A (S&P) Underlying Rating as of October 7, 2021 (most recent affirmation) Interest Rates as of March 3, 2022
Period
Ending Principal Coupon Interest Debt Service
10/01/2022 147,524.44 147,524.44
10/01/2023 600,000 3.000% 698,800.00 1,298,800.00
10/01/2024 615,000 4.000% 680,800.00 1,295,800.00
10/01/2025 640,000 4.000% 656,200.00 1,296,200.00
10/01/2026 665,000 4.000% 630,600.00 1,295,600.00
10/01/2027 695,000 4.000% 604,000.00 1,299,000.00
10/01/2028 720,000 4.000% 576,200.00 1,296,200.00
10/01/2029 745,000 4.000% 547,400.00 1,292,400.00
10/01/2030 780,000 4.000% 517,600.00 1,297,600.00
10/01/2031 810,000 4.000% 486,400.00 1,296,400.00
10/01/2032 840,000 4.000% 454,000.00 1,294,000.00
10/01/2033 875,000 4.000% 420,400.00 1,295,400.00
10/01/2034 910,000 4.000% 385,400.00 1,295,400.00
10/01/2035 945,000 4.000% 349,000.00 1,294,000.00
10/01/2036 985,000 4.000% 311,200.00 1,296,200.00
10/01/2037 1,025,000 4.000% 27 1,800.00 1,296,800.00
10/01/2038 1,065,000 4.000% 23 0,800.00 1,295,800.00
10/01/2039 1,105,000 4.000% 18 8,200.00 1,293,200.00
10/01/2040 1,155,000 4.000% 14 4,000.00 1,299,000.00
10/01/2041 1,200,000 4.000% 97,800.00 1,297,800.00
10/01/2042 1,245,000 4.000% 49,800.00 1,294,800.00
17,620,000 8,447,924.44 26,067,924.44
Notes:

1. All Numbers are Preliminary and Subject to Change.

2. Use of 'A' rating(S&P) is consistent with the rating of the Outstanding Prior Bonds.

3. Interest Rate Assumptions are Based on Current Market Conditions and Similar Credits.

4. City's Actual Results May Differ, and Stifel makes no Commitment to Underwrite at These Levels.

5. Costs of Issuance and Underwriter's Discount are Estimates for Discussion Purposes.

6. Analysis was Performed with no Changes to the Term or the Structure of the Debt Service from the Currently Outstanding Issue.

7. Escrow has been funded with SLGS but in no way is Stifel recommending any particular investment strategy.

Page 39 ends

Mar 3, 2022 2:19 pm Prepared by Stifel, Nicolaus & Compan y (SOB) (Finance 8.800 Hesperia LRB ...:030322-REFUND22,REFUND22) Page 9

SUMMARY OF BONDS REFUNDED
Hesperia Public Financing Authority
2022 Lease Revenue Refunding Bonds (Water Rights Acquisition) (Current Refunding of the Outstanding 2012 Lease Revenue Bonds) ___________________________________________________________________________ Scale Reflects A (S&P) Underlying Rating as of October 7, 2021 (most recent affirmation) Interest Rates as of March 3, 2022
Maturity Interest Par Call Call
Bond Date Rate Amount Date Price
Hesperia Joint Public Finance Authority 2012 Lease Revenue Bonds (Water Rights Acquisition), SERIES12, Bond Component, BOND:
10/01/2022 4.000% 730,000
10/01/2023 2.500% 760,000 10/01/2022 100.000
10/01/2024 2.625% 775,000 10/01/2022 100.000
10/01/2025 2.750% 800,000 10/01/2022 100.000
10/01/2026 3.000% 820,000 10/01/2022 100.000
10/01/2027 3.000% 845,000 10/01/2022 100.000
10/01/2028 3.125% 870,000 10/01/2022 100.000
10/01/2029 3.125% 895,000 10/01/2022 100.000
10/01/2030 3.250% 925,000 10/01/2022 100.000
10/01/2031 3.250% 955,000 10/01/2022 100.000
10/01/2032 3.375% 985,000 10/01/2022 100.000
9,360,000
Hesperia Joint Public Finance Authority 2012 Lease Revenue Bonds (Water Rights Acquisition), SERIES12, Term Bond 2035, TERM35:
10/01/2033 3.500% 1,020,000 10/01/2022 100.000
10/01/2034 3.500% 1,055,000 10/01/2022 100.000
10/01/2035 3.500% 1,090,000 10/01/2022 100.000
3,165,000
Hesperia Joint Public Finance Authority 2012 Lease Revenue Bonds (Water Rights Acquisition), SERIES12, Term Bond 2042, TERM42:
10/01/2036 3.625% 1,130,000 10/01/2022 100.000
10/01/2037 3.625% 1,170,000 10/01/2022 100.000
10/01/2038 3.625% 1,215,000 10/01/2022 100.000
10/01/2039 3.625% 1,255,000 10/01/2022 100.000
10/01/2040 3.625% 1,305,000 10/01/2022 100.000
10/01/2041 3.625% 1,350,000 10/01/2022 100.000
10/01/2042 3.625% 1,400,000 10/01/2022 100.000
8,825,000
21,350,000
Notes:

1. All Numbers are Preliminary and Subject to Change.

2. Use of 'A' rating(S&P) is consistent with the rating of the Outstanding Prior Bonds.

3. Interest Rate Assumptions are Based on Current Market Conditions and Similar Credits.

4. City's Actual Results May Differ, and Stifel makes no Commitment to Underwrite at These Levels.

5. Costs of Issuance and Underwriter's Discount are Estimates for Discussion Purposes.

6. Analysis was Performed with no Changes to the Term or the Structure of the Debt Service from the Currently Outstanding Issue.

7. Escrow has been funded with SLGS but in no way is Stifel recommending any particular investment strategy.

Page 40 ends

Mar 3, 2022 2:19 pm Prepared by Stifel, Nicolaus & Company (SOB)(Finance 8.800 Hesperia L RB ...:030322-REFUND22,REFUND22) Page 10

DISCLAIMER
Hesperia Public Financing Authority
2022 Lease Revenue Refunding Bonds (Water Rights Acquisition) (Current Refunding of the Outstanding 2012 Lease Revenue Bonds) ___________________________________________________________________________ Scale Reflects A (S&P) Underlying Rating as of October 7, 2021 (most recent affirmation) Interest Rates as of March 3, 2022
Stifel, Nicolaus & Company, Incorporated ('Stifel') has prepared the attached materials. Such material consists of factual or general information (as defined in the SEC's Municipal Advisor Rule). Stifel is not hereby providing a municipal entity or obligated person with any a dvice or making any recommendation as to action concerning the structure, timing or te rms of any issuance of municipal securities or municipal financial products. To the extent that Stifel provides any alternatives, options, calculations or examples in the attached information, such information is not intended to express any view that the municipal entity or obligated person coul d achieve particular results in any municipal securities tra nsaction, and those alternatives, options, calculations or examples do not constitute a recommendation that any municipal issuer or obligated perso n should effect any municipal securities transaction. Stifel is acting in its own interests, is not acting as your municipal advisor and does not owe a fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934, as amended, to the municipal entity or obligated party with res pect to the information and materials contained in this communication.

Stifel is providing information and is declaring to the proposed municipal issuer and any obligated person that it has done so within the regulatory framework of MSRB Rule G-23 as an underwriter (by definition also including the role of placement agent) and not as a financia l advisor, as defined therein, with respect to the referenced proposed issuance of municipal securities. The prim ary role of Stifel, as an underwriter, is to purchase securities for resale to investors in an arm's- length commercial transaction. Serving in the role of underwriter, Stifel has financial and other interests that differ from those of the issuer. The issuer should consult with its' own financial and/or municipal, legal, accounting, ta x and other advisors, as applicable, to the extent it deems appropriate.

These materials have been prepared by Stifel for the client or potential client to whom such materials are directly addressed and delivered for discussion purposes only. All terms and conditions are subject to further discussion and negotiation. Stifel does not express any view as to whether financing options presented in these materials are achievable or will be available at the time of any contemplated transaction. These materials do not constitute an offer or solicitation to sell or purchase any securities and are not a commitm ent by Stifel to provide or arrange any financing for any transaction or to purchase any security in connection therewith and may not relied upon as an indication that such an offer will be provided in the future. Where indicated, this presentation may contain informati on derived from sources other than Stifel. While we believe such information to be accurate and complete, Stifel does not guarantee the accuracy of this information. This material is based on information currently available to Stifel or its sources and is subject to change without notice. Stifel does not provide accounting, tax or legal advice; however, you should be aware that any proposed indicative transaction could have accounting, tax, legal or other implications that should be discussed with your advisors and /or counsel as you deem appropriate.

Notes:

1. All Numbers are Preliminary and Subject to Change.

2. Use of 'A' rating(S&P) is consistent with the rating of the Outstanding Prior Bonds.

3. Interest Rate Assumptions are Based on Current Market Conditions and Similar Credits.

4. City's Actual Results May Differ, and Stifel makes no Commitment to Underwrite at These Levels.

5. Costs of Issuance and Underwriter's Discount are Estimates for Discussion Purposes.

6. Analysis was Performed with no Changes to the Term or the Structure of the Debt Service from the Currently Outstanding Issue.

7. Escrow has been funded with SLGS but in no way is
Stifel recommending any particular investment strategy.

Page 41 ends

THIS PAGE LEFT INTENTIONALLY BLANK

Page 42 ends

City of Hesperia

STAFF REPORT

DATE: March 15, 2022
TO: Mayor and Council Members

FROM: Nils Bentsen, City Manager
BY: Jeremy McDonald, Director of Public Works
Casey Brooksher, Director of Administrative Services

SUBJECT: Vehicle Procurement – Two Full-Size Trucks

RECOMMENDED ACTION

It is recommended that the City Council authorize the City Manager to approve the procurement of two (2) 2022 Chevrolet Double Cab Chassis trucks, enter into an agreement with Mark Christopher Fleet & Commercial in the not-to-exceed amount of $98,800; and execute a purchase order to swap out the truck boxes from the old trucks to the new trucks in the not-to-exceed amount of $15,000.

BACKGROUND

The Fiscal Year (FY) 2021-22 Budget does not include funding for the replacement of the two vehicles in the Animal Control Program. These existing units have reached the end of their useful lifespan as annual costs attributed to maintaining the asset s exceed salvage value. Additional benefits for the replacement vehicles include improved occupant safety and lower fuel expenditures due to the vehicles going from diesel fuel to gasoline.

ISSUES/ANALYSIS

The Public Works Division solicited quotes from vendors both locally and out of the area to maximize bid response. Two responses were received, with one vendor stating that they are currently not accepting orders until August/September 2022 and it will take approximately six months to fulfill the order. Staff recommends executing an agreement with Mark Christopher Fleet & Commercial, who has been deemed to be the responsive/responsible vendor, as they will be able to secure the vehicles by July 2022. Additionally, it is anticipated to cost approximately $15,000 ($7,500 per vehicle) to remove the specialized beds from the current Animal Control vehicles and affix to the new ones.

Utilizing the specialized beds will save the City funds as opposed to purchasing new beds that will run in excess of $20,000 per vehicle.

FISCAL IMPACT

Funding for the purchase of the replacement vehicle s, as well as the r emoval and in stallation of currently owned bed boxes was not included in the FY 2021-22 Budget. The purchase will be funded with General Fund budgeted savings. Should the need for additional funds, a b udget amendment during the Fourth Quarter Budget Review will be presented, if savings are not available.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

None

Page 43 ends

THIS PAGE LEFT INTENTIONALLY BLANK

Page 44 ends

City of Hesperia

STAFF REPORT

DATE: March 15, 2022
TO: Mayor and Council Members

FROM: Nils Bentsen, City Manager
BY: Bethany Hudson, Administrative Analyst

SUBJECT: Parcel Map No. 20142

RECOMMENDED ACTION

It is recommended that the City Council adopt Resolution No. 2022-18 approving Parcel Map No. 20142 to create two parcels from 3.75 gross acres in the C2 Zone located one hundred (100) feet east of Balsam Avenue, on the south side of Bear Valley Road (Applicant: H&H Camp 1, LLC ; APN: 0406-051-22).

BACKGROUND

On August 21, 2019, the Design Review Committee approved Tentative Parcel Map No. 20142 to create two parcels from 3.75 gross acres in the C2 Zone located one hundred (100) feet east of Balsam Avenue, on the south side of Bear Valley Road. (Applicant : H&H Camp 1, LLC; APN:
0406-051-22).

Staff has reviewed the map and determined that it complies with all General Plan and zoning regulations, all required conditions of approval, and with all local ordinances related to the creation of these parcels.

ISSUES/ANALYSIS

There are no issues identified with this item.

FISCAL IMPACT

There are no significant fiscal impacts to the City related to this action.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Resolution No. 2022-18

2. Parcel Map No. 20142

Page 45 ends

RESOLUTION NO. 2022-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING PARCEL MAP NO. 20142 TO CREATE TWO PARCELS FROM 3.75 GROSS ACRES IN THE C2 ZONE LOCATED ONE HUNDRED (100) FEET EAST OF BALSAM AVENUE, ON THE SOUTH SIDE OF BEAR VALLEY ROAD. (APPLICANT :

H&H CAMP 1, LLC; APN: 0406-051-22).

WHEREAS, On August 21, 2019, the City Council approved Tentative Parcel Map No. 20142 to create two parcels from 3.75 gross acres in the C2 Zone located one hundred (100) feet east of Balsam Avenue, on the south side of Bear Valley Road. (Applicant : H&H Camp 1, LLC; APN:
0406-051-22); and

WHEREAS, Parcel Map No. 20142 to create two parcels from 3.75 gross acres in the C2 Zone located one hundred (100) feet east of Balsam Avenue, on the south side of Bear Valley Road. (Applicant: H&H Camp 1, LLC; APN: 0406-051-22); and

WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.

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

Section 1. Parcel Map No. 20142 is hereby approved and the City Clerk is authorized to present same to the County Recorder to be filed for record.

Section 2. 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 15th day of March, 2022.

Brigit Bennington
Mayor
ATTEST:

Melinda Sayre
City Clerk

Page 46 ends

Attachment 2

Page 47 ends

Page 48 ends

City of Hesperia

STAFF REPORT

DATE: March 15, 2022
TO: Mayor and Council Members

FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Bethany Hudson, Administrative Analyst

SUBJECT: Parcel Map No. 20318

RECOMMENDED ACTION

It is recommended that the City Council adopt Resolution No. 2022-19 approving Parcel Map No. 20318 to create two single family residential parcels from 2.73 gross acres located within the Agricultural A1 limited zone located on the southside of Aspen across from 15052 Aspen Street with a categorical exemption under the California Environmental Quality Act (CEQA) Section 15315 Minor Land Divisions (Applicant: TRLS Engineering, Inc.; APN: 0409-081-07).

BACKGROUND

On February 24, 2021, the Design Review Committee approved Tentative Parcel Map No. 20318 to create two single family residential parcels from 2.73 gross acres located within the Agricultural A1 limited zone located on the southside of Aspen across from 15052 Aspen Street with a categorical exemption under CEQA Section 15315 Minor Land Divisions (Applicant : TRLS Engineering, Inc.; APN: 0409-081-07).

Staff has reviewed the final parcel map and determined that it complies with all General Plan and zoning regulations, all required conditions of approval, and with all local ordinances related to the creation of these parcels.

ISSUES/ANALYSIS

There are no issues identified with this item.

FISCAL IMPACT

There are no significant fiscal impacts to the City related to this action.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Resolution No. 2022-19

2. Parcel Map No. 20318

Page 49 ends

RESOLUTION NO. 2022-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING PARCEL MAP NO. 20318 TO CREAT E TWO SINGLE FAMILY RESIDENTIAL PARCELS FROM 2. 73 GROSS ACRES LOCATED WITHIN THE AGRICULTURAL A1 LIMITED ZONE LOCATED ON THE SOUTHSIDE OF ASPEN ACROSS FROM 15052 ASPEN STREET WITH A

CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15315 MINOR LAND DIVISIONS
(APPLICANT: TRLS ENGINEERING, INC.; APN: 0409-081-07).

WHEREAS, On February 24, 202 1, the Design Review Committee approved Tentative Parcel Map No. 20318 to create two single family residential parcels from 2.73 gross acres located within the Agricultural A1 limited zone located on the southside of Aspen across from 15052 Aspen Street wi th a categorical exemption under the California Environmental Quality Act (CEQA) Section 15315 Minor Land Divisions (Applicant: TRLS Engineering, Inc.; APN: 0409-081-07); and

WHEREAS, Parcel Map No. 20318 is to create two single family residential parcels from 2.73 gross acres located within the Agricultural A1 limited zone located on the southside of Aspen across from 15052 Aspen Street with a categorical exemption under the California Environmental Quality Act (CEQA) Section 15315 Minor Land Divisions (Applicant: TRLS Engineering, Inc.; APN:
0409-081-07); and

WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.

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

Section 1. Parcel Map No. 20318 is hereby approved and the City Clerk is authorized to present same to the County Recorder to be filed for record.

Section 2. 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 15th day of March, 2022.

Brigit Bennington
Mayor
ATTEST:

Melinda Sayre
City Clerk

Page 50 ends

Attachment 2

Page 51 ends

Page 52 ends

City of Hesperia

STAFF REPORT

DATE: March 15, 2022
TO: Mayor and Council Members

FROM: Nils Bensten, City Manager
BY: Rachel Molina, Assistant City Manager
Bethany Hudson, Administrative Analyst

SUBJECT: Final Tract Map 16767

RECOMMENDED ACTION

It is recommended that the City Council adopt Resolution No. 2022-17 approving Final Tract Map No. 16767 to create 52 Single-family Residential lots on approximately 10 gross acres zoned R1- 4500 located on the south side of Hollister Street, approximately 650 feet west of Fuente Avenue (Applicant: LCTH Investment, L.P. APN: 3057-051-33).

BACKGROUND

On September 21, 2005, the City Council approved Tentative Tract Map No. 16767 to create 52 Single-family Residential lots on approximately 10 gross acres zoned R1- 4500 located on the south side of Hollister Street, approximately 650 feet west of Fuente Avenue. Tentative Tract Map No. 16767 was subsequently extended by the City and State of California multiple times as shown in Table 1 below making the final expiration date of Tentative Tract Map No. 16767 May 5, 2022.

Action Effective Date Stipulations Years
Extended
SB1185 7/15/2008 Automatically extends tentative maps which were effective as of 5/15/1996 and would’ve
expired before 1/1/2011.
1 TT-16767-E 11/13/2008 Administrative City Extension of Time 1 AB333 7/15/2009 Automatically extends tentative maps which would’ve expired between 7/15/2009 and
1/1/2012.
2 AB208 7/15/2011 Automatically extends tentative maps which would’ve expired between 7/15/2011 and
1/1/2014.
2 AB116 7/11/2013 Automatically extends any TT that was approved on or after 1/1/2000 and establishes
an approval procedure for maps approved prior
to 1/1/2000, provided the extension request is
filed at least 90 days prior to the expiration date
of the tentative map.
2 TTE16-00018 11/30/2016 Administrative City Extension of Time 2 TTE19-00013 11/5/2019 Administrative City Extension of Time 2 AB 1561 3/4/2020 Automatically extended all tentative tract maps for 18 months

1.5

Page 53 ends

Page 2 of 2 ends

Staff Report to the Mayor and Council Members
Final Tract Map 16767
March 15, 2022

Staff has reviewed Final Tract Map No. 16767 and determined that it complies with all General Plan and zoning regulations, all required conditions of approval, and with all local ordinances related to the creation of these parcels. The developer has executed a Subdivision Agreement and furnished the required securities for the public improvements in accordance with local ordinances and the Subdivision Map Act.

ISSUES/ANALYSIS

There are no issues identified with this item.

FISCAL IMPACT

There are no significant fiscal impacts to the City related to this action.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Resolution No. 2022-17

2. Final Tract Map No. 16767

Page 54 ends

RESOLUTION NO. 2022-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPER IA, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 16767 TO CREATE 52 SINGLE-FAMILY RESIDENTIAL LOTS ON APPROXIMATELY 10 GROSS ACRES ZONED R1- 4500 LOCATED ON THE SOUTH SIDE OF HOLLISTER STREET, APPROXIMATELY 650 FEET WEST OF FUENTE AVENUE
(APPLICANT: LCTH INVESTMENT, L.P. APN: 3057-051-33)

WHEREAS, on September 21, 2005, the City Council approved Tentative Tract Map No. 16767; and

WHEREAS, Tract Map No. 16767 is to create 52 Single-family Residential lots on approximately 10 gross acres zoned R1- 4500 located on the south side of Hollister Street, approximately 650 feet west of Fuente Avenue; and

WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.

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

Section 1. Final Tract Map No. 16767 is hereby approved, and the City Clerk is authorized to present same to the County Recorder to be filed for record.

Section 2. 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 15th day of March 2022.

Brigit Bennington
Mayor

ATTEST:

Melinda Sayre
City Clerk

Page 55 ends

Attachment 2

Page 56 ends

Page 57 ends

Page 58 ends

Page 59 ends

THIS PAGE LEFT INTENTIONALLY BLANK

Page 60 ends

City of Hesperia

STAFF REPORT

DATE: March 15, 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: Fifth Public Hearing – Redistricting due to 2020 Census

RECOMMENDED ACTION

It is recommended that the City Council 1.) Conduct the fifth 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 readi ng 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, was 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, January 18, 2022, and March 1, 2022.

The purpose of this fifth public hearing is to allow the public to provide input regarding the composition of one or more council districts , include consideration of a map submitted by the

Page 61 ends

Page 2 of 2 ends

Staff Report to the Mayor and Council Members
Fifth Public Hearing - Redistricting
March 15, 2022

public on March 1, 2022, and receive direction from Council regarding which final map the Council would like to consider. If a final draft map can be selecte d that does not require modification, introduction and first reading of the proposed ordinance can take place this evening. In order to meet the April 17, 2022 deadline for adoption, allowing for first and second readings at regular City Council meetings, a map must be chosen and be placed on first reading tonight. If a map cannot be chosen at this meeting, a special meeting will need to be held in order to meet the April 17, 2022 deadline for adoption

FISCAL IMPACT

There is no fiscal impact associated with this item.

ALTERNATIVE(S)

1. Provide alternative direction to staff

ATTACHMENT(S)

1. NDC Map 101

2. NDC Map 101b

3. NDC Map 101c

4. NDC Map 101d

5. NDC Map 101e

6. NDC Map 102

7. NDC Map 103

8. Public Map 201

9. Public Map 201 (Renumbered)

10. Staff Map 201b

11. Staff Map 201b (Renumbered)

12. Staff Map 201c

13. Ordinance 2022-03

Page 62 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 1

Page 63 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.

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 20,576
543

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

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 2

Page 65 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.

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 66 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 3

Page 67 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 68 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 4

Page 69 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 70 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 5

Page 71 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 72 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 73 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 74 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 75 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 76 ends

1 4
32 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
W
illow
St
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 8

Page 77 ends

Public 201
District 1
Total Pop 20,573
Deviation from ideal 540
% Deviation 2.70%
% Hisp 66.5%
% NH White 22%
% NH Black 6%
% Asian-American 2%
Total 11,777
% Hisp 57%
% NH White 35%
% NH Black 4%
% Asian/Pac.Isl. 3%
Total 9,431
% Latino est. 55%
% Spanish-Surnamed 50%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 43%
% NH Black 4%
Total 6,261
% Latino est. 51%
% Spanish-Surnamed 47%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 45%
% NH Black 4%
Total 3,692
% Latino est. 42%
% Spanish-Surnamed 40%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 52%
% NH Black est. 3%
ACS Pop. Est. Total 19,943
age0-19 36%
age20-60 50%
age60plus 14%
immigrants 20%
naturalized 48%
english 61%
spanish 37%
asian-lang 1%
other lang 1%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 60%
bachelor 5%
graduatedegree 2%
Child in Household child-under18 48%
Pct of Pop. Age 16+ employed 54%
income 0-25k 26%
income 25-50k 25%
income 50-75k 20%
income 75-200k 29%
income 200k-plus 0%
single family 82%
multi-family 18%
rented 41%
owned 59%
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 19,302
-731
-3.65%
63%
21%
9%
4%
9,886
54%
34%
6%
3%
8,630
51%
47%
2%
1%
40%
8%
5,984
47%
44%
2%
1%
42%
8%
3,197
40%
38%
1%
1%
47%
7%
18,378
36%
51%
13%
23%
43%
61%
35%
2%
1%
13%
57%
8%
3%
55%
58%
21%
22%
16%
40%
1%
84%
16%
43%
57%
3 20,556
523

2.61%
56%
31%
7%
2%
12,168
47%
44%
6%
1%
10,148
42%
39%
1%
1%
52%
6%
7,047
39%
36%
0%
1%
55%
6%
4,390
31%
30%
1%
1%
61%
5%
19,734
31%
50%
18%
19%
47%
62%
37%
1%
1%
12%
56%
8%
5%
43%
55%
31%
24%
18%
26%
2%
82%
18%
44%
56%
4 20,450
417

2.08%
59%
30%
4%
3%
11,738
49%
41%
5%
4%
10,400
45%
41%
2%
1%
51%
5%
7,540
41%
38%
1%
1%
54%
4%
4,577
33%
31%
1%
0%
60%
4%
18,370
31%
52%
17%
19%
57%
66%
30%
2%
2%
13%
60%
7%
4%
44%
59%
15%
24%
21%
37%
2%
96%
4%
34%
66%
5 19,285
-748
-3.73%
49%
43%
3%
2%
11,829
38%
56%
4%
2%
10,957
35%
33%
1%
1%
61%
3%
8,178
31%
29%
1%
1%
64%
3%
5,229
24%
24%
1%
1%
69%
3%
18,370
32%
51%
17%
12%
53%
83%
16%
1%
0%
8%
64%
7%
5%
42%
57%
18%
23%
23%
32%
4%
95%
5%
29%
71%
Total
100,166
1,288

6.43%
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%
03/01/2022 19:39 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 78 ends

2 4
31 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
W
illow
St
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 9

Page 79 ends

Public 201 Renumbered
District 1
Total Pop 19,302
Deviation from ideal -731
% Deviation -3.65%
% Hisp 63.2%
% NH White 21%
% NH Black 9%
% Asian-American 4%
Total 9,886
% Hisp 54%
% NH White 34%
% NH Black 6%
% Asian/Pac.Isl. 3%
Total 8,630
% Latino est. 51%
% Spanish-Surnamed 47%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 40%
% NH Black 8%
Total 5,984
% Latino est. 47%
% Spanish-Surnamed 44%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 42%
% NH Black 8%
Total 3,197
% Latino est. 40%
% Spanish-Surnamed 38%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 47%
% NH Black est. 7%
ACS Pop. Est. Total 18,378
age0-19 36%
age20-60 51%
age60plus 13%
immigrants 23%
naturalized 43%
english 61%
spanish 35%
asian-lang 2%
other lang 1%
Language Fluency Speaks Eng. "Less than Very Well" 13%
hs-grad 57%
bachelor 8%
graduatedegree 3%
Child in Household child-under18 55%
Pct of Pop. Age 16+ employed 58%
income 0-25k 21%
income 25-50k 22%
income 50-75k 16%
income 75-200k 40%
income 200k-plus 1%
single family 84%
multi-family 16%
rented 43%
owned 57%
Total population data from the 2020 Decennial Census.

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

2.70%
67%
22%
6%
2%
11,777
57%
35%
4%
3%
9,431
55%
50%
1%
1%
43%
4%
6,261
51%
47%
1%
1%
45%
4%
3,692
42%
40%
1%
1%
52%
3%
19,943
36%
50%
14%
20%
48%
61%
37%
1%
1%
14%
60%
5%
2%
48%
54%
26%
25%
20%
29%
0%
82%
18%
41%
59%
3 20,556
523

6.43%
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%
03/01/2022 19:40 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 80 ends

1 4
2 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
el Centro St
Mesquite St
Joshua St
Phelan Rd
Yu
cca Terrace Dr
Ranchero Rd
Maple Ave
W
illow
St
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 10

Page 81 ends

Public 201b
District 1
Total Pop 20,573
Deviation from ideal 540
% Deviation 2.70%
% Hisp 66.5%
% NH White 22%
% NH Black 6%
% Asian-American 2%
Total 11,777
% Hisp 57%
% NH White 35%
% NH Black 4%
% Asian/Pac.Isl. 3%
Total 9,431
% Latino est. 55%
% Spanish-Surnamed 50%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 43%
% NH Black 4%
Total 6,261
% Latino est. 51%
% Spanish-Surnamed 47%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 45%
% NH Black 4%
Total 3,692
% Latino est. 42%
% Spanish-Surnamed 40%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 52%
% NH Black est. 3%
ACS Pop. Est. Total 19,943
age0-19 36%
age20-60 50%
age60plus 14%
immigrants 20%
naturalized 48%
english 61%
spanish 37%
asian-lang 1%
other lang 1%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 60%
bachelor 5%
graduatedegree 2%
Child in Household child-under18 48%
Pct of Pop. Age 16+ employed 54%
income 0-25k 26%
income 25-50k 25%
income 50-75k 20%
income 75-200k 29%
income 200k-plus 0%
single family 82%
multi-family 18%
rented 41%
owned 59%
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 19,302
-731
-3.65%
63%
21%
9%
4%
9,886
54%
34%
6%
3%
8,630
51%
47%
2%
1%
40%
8%
5,984
47%
44%
2%
1%
42%
8%
3,197
40%
38%
1%
1%
47%
7%
18,378
36%
51%
13%
23%
43%
61%
35%
2%
1%
13%
57%
8%
3%
55%
58%
21%
22%
16%
40%
1%
84%
16%
43%
57%
3 20,200
167

0.83%
56%
34%
4%
2%
12,338
47%
47%
3%
2%
10,686
42%
38%
1%
1%
56%
3%
7,636
38%
35%
1%
1%
59%
3%
4,868
30%
29%
1%
1%
64%
3%
19,627
31%
50%
19%
19%
51%
62%
36%
1%
1%
13%
57%
9%
5%
43%
57%
25%
23%
20%
30%
3%
98%
2%
31%
69%
4 20,450
417

2.08%
59%
30%
4%
3%
11,738
49%
41%
5%
4%
10,400
45%
41%
2%
1%
51%
5%
7,540
41%
38%
1%
1%
54%
4%
4,577
33%
31%
1%
0%
60%
4%
18,370
31%
52%
17%
19%
57%
66%
30%
2%
2%
13%
60%
7%
4%
44%
59%
15%
24%
21%
37%
2%
96%
4%
34%
66%
5 19,641
-392
-1.96%
49%
39%
7%
2%
11,659
38%
52%
7%
1%
10,419
35%
33%
1%
1%
58%
6%
7,589
31%
29%
1%
1%
61%
6%
4,751
25%
24%
1%
1%
66%
6%
18,477
32%
51%
17%
12%
46%
82%
17%
1%
0%
7%
63%
6%
4%
41%
55%
25%
24%
21%
28%
3%
79%
21%
44%
56%
Total
100,166
1,271

6.34%
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%
03/08/2022 15:50 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 82 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
el Centro St
Mesquite St
Joshua St
Phelan Rd
Yu
cca Terrace Dr
Ranchero Rd
Maple Ave
W
illow
St
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 11

Page 83 ends

Public 201b Renumbered
District 1
Total Pop 19,302
Deviation from ideal -731
% Deviation -3.65%
% Hisp 63.2%
% NH White 21%
% NH Black 9%
% Asian-American 4%
Total 9,886
% Hisp 54%
% NH White 34%
% NH Black 6%
% Asian/Pac.Isl. 3%
Total 8,630
% Latino est. 51%
% Spanish-Surnamed 47%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 40%
% NH Black 8%
Total 5,984
% Latino est. 47%
% Spanish-Surnamed 44%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 42%
% NH Black 8%
Total 3,197
% Latino est. 40%
% Spanish-Surnamed 38%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 47%
% NH Black est. 7%
ACS Pop. Est. Total 18,378
age0-19 36%
age20-60 51%
age60plus 13%
immigrants 23%
naturalized 43%
english 61%
spanish 35%
asian-lang 2%
other lang 1%
Language Fluency Speaks Eng. "Less than Very Well" 13%
hs-grad 57%
bachelor 8%
graduatedegree 3%
Child in Household child-under18 55%
Pct of Pop. Age 16+ employed 58%
income 0-25k 21%
income 25-50k 22%
income 50-75k 16%
income 75-200k 40%
income 200k-plus 1%
single family 84%
multi-family 16%
rented 43%
owned 57%
Total population data from the 2020 Decennial Census.

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

2.08%
59%
30%
4%
3%
11,738
49%
41%
5%
4%
10,400
45%
41%
2%
1%
51%
5%
7,540
41%
38%
1%
1%
54%
4%
4,577
33%
31%
1%
0%
60%
4%
18,370
31%
52%
17%
19%
57%
66%
30%
2%
2%
13%
60%
7%
4%
44%
59%
15%
24%
21%
37%
2%
96%
4%
34%
66%
5 19,641
-392
-1.96%
49%
39%
7%
2%
11,659
38%
52%
7%
1%
10,419
35%
33%
1%
1%
58%
6%
7,589
31%
29%
1%
1%
61%
6%
4,751
25%
24%
1%
1%
66%
6%
18,477
32%
51%
17%
12%
46%
82%
17%
1%
0%
7%
63%
6%
4%
41%
55%
25%
24%
21%
28%
3%
79%
21%
44%
56%
Total
100,166
1,271

6.34%
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%
03/08/2022 15:47 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 84 ends

1 4
32 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 12

Page 85 ends

Public 201c
District 1
Total Pop 19,863
Deviation from ideal -170
% Deviation -0.85%
% Hisp 66.4%
% NH White 23%
% NH Black 6%
% Asian-American 2%
Total 11,360
% Hisp 57%
% NH White 36%
% NH Black 4%
% Asian/Pac.Isl. 3%
Total 9,100
% Latino est. 55%
% Spanish-Surnamed 50%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 43%
% NH Black 3%
Total 6,026
% Latino est. 51%
% Spanish-Surnamed 47%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 46%
% NH Black 3%
Total 3,604
% Latino est. 42%
% Spanish-Surnamed 40%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 53%
% NH Black est. 3%
ACS Pop. Est. Total 19,337
age0-19 36%
age20-60 51%
age60plus 14%
immigrants 21%
naturalized 46%
english 61%
spanish 38%
asian-lang 1%
other lang 1%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 60%
bachelor 5%
graduatedegree 2%
Child in Household child-under18 48%
Pct of Pop. Age 16+ employed 54%
income 0-25k 26%
income 25-50k 25%
income 50-75k 19%
income 75-200k 29%
income 200k-plus 0%
single family 81%
multi-family 19%
rented 43%
owned 57%
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 19,853
-180
-0.90%
63%
21%
9%
4%
10,242
55%
34%
7%
4%
8,886
51%
47%
2%
1%
40%
8%
6,173
48%
44%
2%
1%
42%
8%
3,259
41%
38%
1%
1%
46%
8%
18,859
36%
51%
13%
22%
45%
62%
35%
2%
1%
13%
58%
8%
3%
55%
58%
21%
22%
16%
40%
1%
85%
15%
42%
58%
3 19,663
-370
-1.85%
57%
31%
7%
2%
11,321
47%
43%
6%
1%
9,535
43%
39%
1%
1%
52%
6%
6,576
40%
37%
0%
1%
54%
6%
4,074
32%
31%
1%
1%
60%
6%
18,959
33%
51%
17%
19%
45%
63%
36%
1%
1%
12%
58%
7%
4%
43%
56%
32%
24%
17%
25%
2%
78%
22%
48%
52%
4 20,609
576

2.88%
59%
30%
4%
4%
11,799
49%
41%
5%
4%
10,475
45%
41%
2%
1%
51%
5%
7,586
41%
38%
1%
1%
54%
4%
4,603
33%
31%
1%
0%
60%
4%
18,496
31%
52%
17%
19%
57%
66%
31%
2%
2%
13%
60%
7%
4%
44%
59%
15%
24%
21%
37%
3%
96%
4%
34%
66%
5 20,178
145

0.72%
48%
43%
3%
2%
12,676
38%
56%
4%
2%
11,570
35%
33%
1%
1%
61%
3%
8,649
31%
29%
1%
1%
64%
3%
5,545
24%
23%
1%
1%
69%
3%
19,145
30%
51%
19%
12%
55%
81%
18%
1%
0%
8%
61%
8%
6%
42%
56%
18%
22%
23%
33%
4%
98%
2%
27%
73%
Total
100,166
946

4.72%
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%
03/08/2022 15:54 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 86 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, 2021the City Council held a public hearing to receive public input regarding communities of interest and the comp osition 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 of March 1, 2022 the City Council held a public hearing to receive public input regarding communities of interest and the composition of one or more districts; and

WHEREAS, on March 2, 2022 accompanied by information on the total population, citizen voting age population, and racial and ethnic characteri stics of the citizen voting age population of each

Page 87 ends

Ordinance No. 2022-03

Page 2 ends

council district depicted, an additional two (2) draft maps, Public Map 201, and Public Map 201 (Renumbered) were posted on the City’s redistricting website; and

WHEREAS, at the regular City Council meeting held on March 1 5, 2022, the City Council held a fifth 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;

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 codified 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 i t would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 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 88 ends

City of Hesperia

STAFF REPORT

DATE: February 15, 2022
TO: Mayor and Council Members

FROM: Nils Bentsen, City Manager SECOND READING AND ADOPTION BY: Rachel Molina, Assistant City Manager
Casey Brooksher, Director of Administrative Services

SUBJECT: Adoption of Resolution Establishing the Formation of Community Facilities District No. 2021 -1 (Residential Maintenance and Services) and Future Annexation Area, Calling for a Special Election, and Declaring th e 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.

BACKGROUND

The Mello -Roos Community Facilities Act of 1982 (Government Code Section 53311 and following) (the “Act”) contains the statutory framework pursuant to which the City of Hesperia (the “City”) or other local agencies may form a community facilities district (“CFD”) for the purpose of financing the purchase, construction, expansion, improvement or rehabilitation of public facilities or the provision of certain authorized public services or maintenance. A CFD may finance such public facilities, services or maintenance through the levy of special taxes within the geographic boundaries of the CFD. Additionally, to the extent a CFD is formed to pay for public facilities, bonds secured by such special taxes may be issued for a CFD. No bonds may be issued for a CFD formed to fund services.

The City is currently considering the formation of CFD 2021 -1 to fund maintenance and associated services related to new residential development. The City adopted Local Goals and Policies related to the use of CFDs at the April 1, 2008 City Council meeting as Resolution No. 2008-032, as required by the Act. On December 21, 2021, the City Council adopted Resolution 2021-61 (the “ROI”), which declared the City’s intention to establish a Community Facilities District and Future Annexation Area and authorize the levy of special taxes for CFD 2021-1. A place and time for the public hearing was also set for February 1, 2022 and was on February 1 continued to February 15, 2022. The ROI includes a description of the services to be provided, a map of the boundary of CFD 2021 -1, including Future Annexation Area, and the Rate and Method of Apportionment (the “RMA”) which details the manner in which special taxes may be levied within CFD 2021-1. A Future Annexation Area allows future developments within the area to annex by unanimous written consent of the property owner.

Page 89 ends

Page 2 of 4 ends

Staff Report to the Mayor and Council Members
Adoption of Resolution of Formation for CFD 2021-1
February 15, 2022

ISSUES/ANALYSIS

Public Hearing
If the owners of one-half or more of the area of the land in the territory proposed to be included in the district and not exempt from the special tax file written protests against the establishment of the district, and protests are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to create the specified community facilities district or to authorize the specified special tax shall be taken tonight.

Resolution of Formation of the CFD and Future Annexation Area If the City Council determines to proceed with the district and future annexation area formation, it shall adopt a resolution o f formation establishing the district and future annexation area. The resolution of formation shall contain all of the information required to be included in the resolution of intention to establish the district specified in Section 53321.

If a special tax is proposed to be levied in the district to pay for any facilities or services and the special tax has not been eliminated by majority protest pursuant to Section 53324, the resolution shall:
a) state that the proposed special tax to be levied within the district has not been precluded by majority protest;
b) describes the services proposed to be funded with the special tax; c) set forth the name, address, and telephone number of the office, department, or bureau that will be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Section 53340.2.
d) state that upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the district and this lien shall continue in force and effect until the special tax obligation is prepaid and perm anently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. e) set forth the county of recordation and the book and page in the Book of Maps of Assessments and Community Facilities Districts in the county recorder’s office where the boundary map of the proposed community facilities district has been recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code. f) in the resolution of formation adopted pursuant to subdivision (a), the legislative body shall determine whether all proceedings were valid and in conformity with the requirements of this chapter. If the legislative body determines that all proceedings were valid and in conformity with the requirements of this chapter, it shall make a finding to that effect and that finding shall be final and conclusive.

Resolution Calling for a Special Election

Upon adoption of the Resolution of Formation, the City Council will adopt a Resolution Calling for a Special Election for CFD 2021-1. There is on file with the City Clerk a written waiver executed by all of the qualified electors of the CFD 2021 -1 allowing for a shortening of the time for the special election to expedite the process of formation of CFD 2021-1 and waiving any requirement for notice, analysis, and arguments in connection with the special election. Accordingly, all qualified electors have been fully apprised of and have agreed to the shortened time for the special election and waiver of analysis and arguments, and have thereby been fully protected in

Page 90 ends

Page 3 of 4 ends

Staff Report to the Mayor and Council Members
Adoption of Resolution of Formation for CFD 2021-1
February 15, 2022

these proceedings. As a result, the special election is being held tonight and analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

Resolution Declaring the Result of a Special Election and Directing the Recording of a Special Lien

Once the special election has been held and the City Clerk has canvassed the returns, the City Clerk will file a Canvass and Statement of Results of Special Election, (the “Canvass”) a copy of which is attached to the Resolution Declaring the Result of a Special Election. Pursuant to the resolution, the Clerk will also complete, execute and cause to the recorded in the office of the County Recorder of the County of San Bernardino notice of special tax lien in the form required by the Act.

Ordinance
If two-thirds of the votes cast are in favor of imposing the special tax, CFD 2021-1 may consider the Ordinance Authorizing the Levy of Special Taxes in a Community Facilities District.

FISCAL IMPACT

As indicated in the Fiscal Impact Analysis, each new single and multi -family property (SFR & MFR) has negative fiscal impacts to the City. Prior to consideration of enhancements for law enforcement, the negative fiscal impacts are as follows:

Description

SFR CFD
Tax Rate

MFR CFD
Tax Rate
Total CFD Special Tax Rate per Dwelling Unit(1) $143.66 $129.96 (1) Rates for services portion; does not include potential CFD administration or reserve/contingency costs

In order to provide enhanced law enforcement, the Fiscal Impact analysis includes the needed funding to provide 0.8 deputy per 1,000 residents. The following table includes the total CFD special tax to mitigate the negative fiscal impacts, enhanced law enforcement, and costs to administer the CFD.

Description
Annual SFR
Tax Rate
Annual MFR
Tax Rate
Total Negative Fiscal Impact per Dwelling Unit $143.66 $129.96 Enhanced Police Protection Services 620.29 357.49
CFD Administration Costs 76.40 48.75
Total CFD Special Tax Rate per Dwelling Unit $840.35 $536.20

The cost of formation of CFD 2021 -1 is approximately $17,000, which will be borne by the City.

Subsequently, should any development be annexed into the district, those costs are approximately $4,000 and will be paid by the developer.

ALTERNATIVES

Page 91 ends

Page 4 of 4 ends

Staff Report to the Mayor and Council Members
Adoption of Resolution of Formation for CFD 2021-1
February 15, 2022

1. Provide alternative direction to Staff.

ATTACHMENTS

1. Resolution Establishing the Formation of the CFD

2. Resolution Calling for a Special Election

3. Resolution Declaring the Results of a Special Landowner Election

4. Ordinance Authorizing the Levy of Special Taxes in a Community Facilities District

5. CFD Special Tax Report

Page 92 ends

RESOLUTION NO. 2022-10

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

OF CALIFORNIA, ESTABLISHING THE FORMATION OF A COMMUNITY

FACILITIES DISTRICT AND FUTURE ANNEXATION AREA

CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(RESIDENTIAL MAINTENANCE AND SERVICES)
WHEREAS, on December 21, 2021, this City Council (the “City Council”) of the City of Hesperia (the “City”) adopted Resolution No. 2021-61 entitled “A Resolution of the City Council of the City of Hesperia, State of California, Declaring its Intention to Establish a Community Facilities District and Future Annexation Area, and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”), stating its intention to form the “City of Hesperia, Community Facilities District No. 2021-1 (Residential Maintenance and Services)” (the “District”) and “City of Hesperia Community Facilities District No. 2021-1 (Residential Maintenance and Services) (Future Annexation Area)” (the “Future Annexation Area”), of the City pursuant to the Mello- Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and
WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and Future Annexation Area and stating the services to be provided, the estimated cost of providing such services, and the rate and method of apportionment of the special tax to be levied within the District to pay for the services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and
WHEREAS, under the Resolution of Intention, the Director of Public Works was directed to make, or cause to be made, and file with the City Clerk a report (the “Report”) in writing, presenting the services to be provided and an estimate of the reasonable cost of providing the services. The Report was prepared and submitted to the City Clerk prior to the public hearing described below; and WHEREAS, the Resolution of Intention called for a public hearing pertaining to the formation of the District and Future Annexation Area and the levy of said special tax to be held on February 1, 2022; and WHEREAS, on February 1, 2022, the Council opened and continued the public hearing to February 15, 2022, at 6:30 p.m., or as soon thereafter as the matter may be heard, at the meeting place of the City Council; and
WHEREAS, appropriate notices were mailed, published and/or posted as required by law; and WHEREAS, under the Resolution of Intention, the City Clerk was directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District and Future Annexation Area, and the City Clerk caused the publication of such notice at least seven (7) days before the date set for said public hearing; and

Page 93 ends

WHEREAS, on February 15, 2021, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District and Future Annexation Area; and
WHEREAS, at the public hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District and Future Annexation Area, the services to be provided therein and the levy of such special tax were heard and a full and fair public hearing was held; and WHEREAS, written protests with respect to the formation of the District and Future Annexation Area, the furnishing of specified types of services and the rate and method of apportionment of the special taxes have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the District and Future Annexation Area or property owners of one-half (1/2) or more of the area of land within the District and Future Annexation Area and not exempt from the proposed special taxes; and
WHEREAS, the special tax proposed to be levied in the District to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District and Future Annexation Area or the owners of one-half (1/2) or more of the area of land within the District and Future Annexation Area and not exempt from the special taxes.

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

Section 1. The foregoing recitals are true and correct.

Section 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324, 53339.6 and/or other applicable provisions of the Act.

Section 3. All prior proceedings taken by the City Council in connection with the establishment of the District and Future Annexation Area and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Act. The City Council has heretofore adopted Local Goals and Policies for Community Facilities Districts, and the City Council hereby finds and determines that the District and Future Annexation Area are in conformity with said goals and policies.

Section 4. Thecommunity facilities district designated as the “City of Hesperia, Community Facilities District No. 2021-1 (Residential Maintenance and Services)” and the future annexation area designated as “City of Hesperia Community Facilities District No. 2021-1 (Residential Maintenance and Services) (Future Annexation Area)” of the City is hereby established pursuant to the Act.

Section 5. The District Report is hereby approved.

Section 6. The boundaries of the District and Future Annexation Area, as set forth in the map entitled "Proposed Boundaries of City of Hesperia, Community Facilities District No. 2021-1 (Residential Maintenance and Services) and Future Annexation Area, City of Hesperia, County of San Bernardino County, State of California" heretofore recorded in the San Bernardino County Recorder’s Office on January 4, 2022, in Book 90 at Page 2 as Document 2022-0004210 of Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference, and shall be the boundaries of the District.

Page 94 ends

Parcels within the Future Annexation Area shall be annexed to the District only with the unanimous approval (each, a "Unanimous Approval") of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.

Section 7. The type of public services proposed to be funded by the District and Future Annexation Area and pursuant to the Act shall consist of those items shown in Exhibit A hereto and by this reference incorporated herein (the “Services”). It is hereby found and determined that the Services are necessary to meet the increased demands as the result of development occurring in the District and Future Annexation Area.

Section 8. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the District pursuant to the Rate and Method of Apportionment, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council or its designee shall determine, including direct billing of the affected landowners.

Section 9. The Rate and Method of Apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the District to estimate the maximum amount such owner will have to pay, is shown in Exhibit B attached hereto and hereby incorporated herein.

Section 10. Territory in the Future Annexation Area will be annexed into the District and a special tax will be levied on such territory only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed into the District. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the Future Annexation Area, is intended to be levied annually within the Future Annexation Area, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this City Council. The City Council hereby determines that the special tax proposed to pay for Services to be supplied within the Future Annexation Area shall be equal to any special tax levied to pay for the same Services in the District, except that a higher or lower tax may be levied within the Future Annexation Area to the extent that the actual cost of providing the Services in the Future Annexation Area is higher or lower than the cost of providing those Services in the District. In so finding, the City Council does not intend to limit its ability to levy a special tax within the Future Annexation Area to provide new or additional services beyond those supplied within the District. The Special Taxes in the original CFD shall be designated as Tax Zone 1. Subsequent annexations may provide for different Zones or the same Zone as provided herein and therein.

Section 11. The Director of Administrative Services for the City, 9700 Seventh Avenue, City of Hesperia, California, 92345, telephone number (760) 947-1876, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the special tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the special tax.

Page 95 ends

Section 12. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the collection of the special tax by the City ceases.

Section 13. In accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at an amount equal to the $100,000 annually, as adjusted by law, commencing Fiscal Year 2022-23, and such appropriations limit shall be submitted to the voters of the District as hereafter provided. Future Annexations to the District will each approve annual appropriations limit increases applicable to such Annexation that will be added to the appropriations limit established at formation and all previously approved annexations to sum to the total appropriations limit for the CFD. The proposition establishing such annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act and the California Constitution.

Section 14. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election, the time, place and conditions of which election shall be as specified by a separate resolution of this City Council.

15. That 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 15th day of February, 2022.
____________________________________
Brigit Bennington, Mayor
Attest:
___________________________________
Erin Baum, Assistant City Clerk
Section

Page 96 ends

EXHIBIT A

CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(RESIDENTIAL MAINTENANCE AND SERVICES)

DESCRIPTION OF SERVICES TO BE FINANCED BY THE DISTRICT
Services:

The services to be funded, in whole or in part, by the community facilities district (the "District”) consist of all services authorized under Section 53313 of the Government Code, including, but not be limited to, police protection services, maintenance and lighting of parks, parkways, streets, roads, storm drains, and open space. (the "Services"). The Services include all direct and incidental costs related to providing for the maintenance of public infrastructure within the area of the District and areas adjacent to or in the vicinity of such areas. The District may fund any of the following related to the Services: furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the Services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of Services. It is expected that the Services will be provided by the City of Hesperia (the “City”), either with its own employees or by contract with third parties, or any combination thereof.

Administrative Expenses:

The administrative expenses to be funded by the District include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of San Bernardino related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District or the services authorized to be funded by the District, and expenses incurred by the City in undertaking action related to properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District.

Other:

The incidental expenses that may be funded by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment and administration of the District.

Page 97 ends

EXHIBIT B

CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. CFD 2021-1
(RESIDENTIAL MAINTENANCE AND SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
The following pages contain the Rate and Method of Apportionment of Special Tax.

Page 98 ends

Page 1 ends

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CIT

Y OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(RESIDENTIAL MAINTENANCE AND SERVICES)
A Special Tax shall be levied and collected in City of Hesperia Community Facilities District No. 2021-1 (Residential Maintenance and Services) (“CFD 2021-1”) each Fiscal Year, in an amount determined by the application of the procedures below. All of the Taxable Property (as defined below) in CFD 2021-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

I. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2 as that may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel.
"Acre” or “Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no Acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map, or calculated using available spatial data and GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD 2021-1 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to levying or an appeal of the Special Tax; and the costs of commencing and pursuing to completion action arising from any delinquent Special Tax in CFD 2021-1 or costs of the County tax sale process. Administrative Expenses shall include amounts estimated or advanced by the City or CFD 2021-1 for any other administrative purposes, including, but not limited to, attorney’s fees.
“Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD 2021-1.
“Annual Special Tax Requirement” means that amount with respect to CFD 2021-1 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the

Page 99 ends

Page 2 ends

Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund est
ablished in connection with CFD 2021-1, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County Recorder’s office on January 4, 2022, in Book 90 at Page 2 as Document 2022-0004210 of Maps of Assessment and Community Facilities Districts “CFD 2021-1 ” means the City of Hesperia Community Facilities District No. 2021-1 (Residential Maintenance and Services), County of San Bernardino, State of California. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “City” means the City of Hesperia, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD 2021-1. “County” means the County of San Bernardino, California. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 2021-1 for which a building permit for new construction was issued by the City prior to June 30 of the preceding Fiscal Year. “Exempt Property” means all Assessor’s Parcels located within the boundary of CFD 2021-1 which are exempt from the Special Tax pursuant to Section E.
“Fiscal Year” means the period starting July 1 and ending on the following June 30th. “GI
S” means a geographic information system.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C.
“Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi-Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome. “Property Owner’s Association” means any property owner’s association. As used in this definition, a

Page 100 ends

Page 3 ends

Property Owner’s Association includes any home-owner’s association, condominium owner’s asso
ciation, master or sub-association.
“Property Owner’s Association Property” means any property within the boundaries of CFD 2021-1 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means, in any Fiscal Year, that the ratio of the Special Tax to the Maximum Special Tax is equal for all Assessors’ Parcels Authorized to be levied in that Fiscal Year within each respective Tax Zone.
“Public Property” means any property within the boundaries of CFD 2021-1 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency.

For purposes of this definition, a public agency includes the federal government, the State, the County, school districts, or any other public agency.
“Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD 2021-1.
“Single Family Residential Property” means, all Assessor’s Parcels of Developed Property with a residential structure intended for a single primary Unit. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California.
“Tax Escalation Factor” means change in the April to April Riverside-San Bernardino-Ontario CPI-U Index (or a similar successor index) up to a maximum factor of 5% that will be applied annually after Fiscal Year 2022/23 to increase the Maximum Special Tax shown in Section III. Should the specified index cease to be reported, the CFD Administrator will determine a comparable index to use. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD 2021-1 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD 2021-1, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD 2021-1 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation.
“Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD 2021-1 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all Assessor’s Parcels of Taxable Property within the boundaries of CFD 2021-1 that are not Developed Property.
“Unit” means an individual residential living space. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii)

Page 101 ends

Page 4 ends

other research by the CFD Administrator. Accessory Dwelling Units are considered Units for purposes of the
Special Tax.
“Vacant Property” means all Taxable Property that is Undeveloped Property and is not Public Property, Property Owner’s Association Property.
“Welfare Exempt Property” means all Parcels within the boundaries of CFD 2021-1 that have been granted a welfare exemption pursuant to Section 53340 (c) of the Act under subdivision (g) of Section 214 of the Revenue and Taxation Code.

B. DETERMINATION OF TAXABLE PARCELS
On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD 2021-1. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.

C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property shall be assigned according to the table below:

TABLE 1
MAXIMUM SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2022/23*
Property Type Maximum Special Tax Rate Per
Single Family Residential Property $840.35 Unit
Multi-Family Residential Property 536.20 Unit
Accessory Dwelling Unit
30% of the applicable Maximum
Special Tax Rate for the property
type of the primary Unit
Unit
*On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor.

In some instances, an Assessor’s Parcel of Developed Property may contain more than one property type.

The
Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Units of each property type on that Assessor’s Parcel, i.e. more than one Single Family or more than one Multi-Family Unit.

For purposes of clarification, where an Accessory Dwelling Unit and primary Unit are on the same Assessor’s Parcel, the primary Unit and Accessory Dwelling Unit located on such Assessor’s Parcel are both

Page 102 ends

Page 5 ends

levied a Special Tax.

Sho
uld an Assessor’s Parcel contain only an Accessory Dwelling Unit, such Assessor’s Parcel will be levied a Special Tax.

All of the Taxable Property within CFD 2021-1 at the time of its formation is within Tax Zone No. 1.

Additional Tax Zones may be created when property is annexed to CFD 2021-1, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD 2021-1 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. A different Maximum Special Tax rate may be identified in Tax Zones added to CFD 2021-1 as a result of future annexations.

D. METHOD IF APPORTIONMENT OF THE SPECIAL TAX
All Taxable Property shall be subject to a Special Tax defined as follows.

The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD 2021-1 by the method shown below.

First. Determine the Annual Special Tax Requirement.

Second. Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the Maximum Special Tax described in the table below to satisfy the Annual Special Tax Requirement.

Under no circumstances will the Special Tax on any Assessor’s Parcel of Developed Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2021-1.

E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, or Public Property, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act.

Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property.

F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

Page 103 ends

Page 6 ends

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may
then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion.

H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD 2021-1, and may collect delinquent Special Taxes through available methods.

A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied perpetually or for as long as required to satisfy the Annual Special Tax Requirement, as determined by the CFD Administrator.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

Page 104 ends

RESOLUTION NO. 2022-11

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

OF CALIFORNIA, CALLING A SPECIAL ELECTION FOR A COMMUNITY

FACILITIES DISTRICT

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

Section 1. The foregoing recitals are true and correct.

Section 2. Pursuant to the Act, the issues of the levy of the special tax and the establishment of the appropriations limit sh all be submitted to the qualified electors (as defined below) of the District at a special election called therefor as provided below.

Section 3. The City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearing heretofore conducted and concluded by this City Council for the purposes of these proceedings.

Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that, for these proceedings, the qualified electors are the landowners within the District and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of the public hearing.

Section 4. The City Council hereby calls a special election to consider the issues described in Section 2, above, which special election shall be held on February 15, 2022, and the results thereof canvassed at the meeting of this City Council on February 15, 2022. The City Clerk is hereby designated as the official to conduct the special election and to receive all ballots until the close of business on the special election date. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a map of the boundaries of the District, and a sufficient description to allow the City Clerk to determine the electors of

Page 105 ends

the District. The special election shall be conducted by messenger or mail-delivered ballot in accordance with the Act.

Section 5. As authorized by Section 53353.5 of the Act, the issues described in Section 2 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A is hereby approved. The City Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit A, to be delivered to each of the qualified electors of the District. Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot shall be enclosed with the ballot, have the return postage prepaid, and contain the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot.

Section 6. This City Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of the District. There is on file with the City Clerk a written waiver executed by all of the qualified electors of the District allowing for a shortening of the time for the special election to expedite the process of formation of the District and waiving any requirement for notice, analysis, and arguments in connection with the special election. Accordingly, this City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the special election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the special election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

Section 7. If two-thirds (2/3) of the votes cast upon the question of levying such special tax and establishing the appropriations limit are cast in favor of the proposition after the canvass of the returns of such special election, the City Council may levy such special tax within the District under the Act in accordance with the approved rate and method of apportionment of special tax. Such special tax may be levied only at the rate and may be apportioned only in the manner specified in the Resolution of Formation, subject to the Act, except that the special tax may be levied at a rate lower than that specified herein and the maximum annual tax rate may be lowered.

Section 8. Under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the operation and maintenance Services and the incidental costs thereof t, all as defined in the Resolution of Formation, shall constitute the specific purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual report as required by Section 50075.3 of the Government Code.

Section 9. That City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Page 106 ends

ADOPTED AND APPROVED this 15th day of February, 2022. ____________________________________
Brigit Bennington, Mayor
Attest:
___________________________________
Erin Baum, Assistant City Clerk

Page 107 ends

EXHIBIT A

CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(RESIDENTIAL MAINTENANCE AND SERVICES)

SPECIAL TAX ELECTION
(F
ebruary 15, 2022)

This ballot is for a special, landowner election. You must return this ballot in the enclosed po
stage paid envelope to the office of the City Clerk of the City of Hesperia no later than the hour of 5:00 p.m. on Tuesday, February 15, 2022, either by mail or in person. The City Clerk’s office is located at 9700 Seventh Avenue, Hesperia, California, 92345.

To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Hesperia and obtain another.

The estimated maximum amount of money raised annually by this measure is expected to be $30,252.42, in 2022/23 special tax rates, upon full build out of the CFD, based on the rate and duration of the special tax and subject to the tax escalation factor, as set forth in the rate and method of apportionment of special taxes for the CFD.

BALLOT MEASURE : Shall the measure authorizing the City of Hesperia Community Facilities District No. 2021-1 (Residential Maintenance and Services) (the “District”) to annually levy a special tax solely on lands within the District of up to $840.35 per residence, as adjusted annually, to pay for Services and authorizing an appropriations limit of $100,000, as adjusted by law, and all as provided in the Resolution of Formation adopted by the City Council on February 15, 2022, commencing Fiscal Year 2022-23, be adopted?
YES:

NO:

By execution in the space provided below, you also confirm your written waiver of the time limit pertaining to the conduct of the election and any requirement for form of ballot, analysis and arguments with respect to the ballot measure.

Number of Votes: 22

Property Owner: 40 Prime West LLC

By: __________________________________________

Property Owned by Property Owner: San Bernardino County Assessor’s Parcel Numbers:
0397-091-05-0000, 0397-161-10-0000, 0397-161-12-0000, 0397-161-13-0000, and 0397-161-17-0000

Page 108 ends

RESOLUTION NO. 2022-12

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

OF CALIFORNIA, DECLARING RESULTS OF A SPECIAL LANDOWNER

ELECTION AND DIRECTING THE RECORDING OF A SPECIAL TAX LIEN

CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(RESIDENTIAL MAINTENANCE AND SERVICES)
WHEREAS, this City Council (the “City Council”) of the City of Hesperia (the “City”) adopted a resolution entitled “A Resolution of the City Council of the City of Hesperia, State of California, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), ordering the formation of the City of Hesperia, Community Facilities District No. 2021-1 (Residential Maintenance and Services) (the “District”), and the Future Annexation Area designated as the “City of Hesperia Community Facilities District No. 2021-1 (Residential Maintenance and Services) (Future Annexation Area)” (the “Future Annexation Area”) defining the public services (the “Services”) to be provided by the District and Future Annexation Area, authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District, all pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and
WHEREAS, under the provisions of the Resolution of Formation, and pursuant to the resolution entitled “A Resolution of the City Council of the City of Hesperia, State of California, Calling a Special Election for a Community Facilities District” (the “Resolution Calling the Special Election”) heretofore adopted by this City Council, a measure containing propositions relating to the levy of the special tax and the establishment of the appropriations limit was submitted to the qualified electors of the District as required by the provisions of the Act; and
WHEREAS, pursuant to the terms of the Resolution Calling the Special Election, which are by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Special Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and
WHEREAS, this City Council has been informed of the Canvass, finds it appropriate and wishes to complete its proceedings for the District.

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

1. The foregoing recitals are true and correct.

2. The issues presented at the special election were the levy of a special tax within the District and the approval of an annual appropriations limit of not to exceed $100,000 as adjusted by law, commencing Fiscal Year 2022-23, annually all pursuant to the Resolution of Formation.

3. The City Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the District. Pursuant to the Canvass, the issues presented at the Section
Section
Section

Page 109 ends

special election were approved by the qualified electors of the District by more than two-thirds (2/3) of the votes cast at the special election.

4. Pursuant to the voter approval, the District is hereby declared to be fully formed with the authority to levy the special taxes and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Act.

5. The City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of San Bernardino a notice of special tax lien in the form required by the Act, such recording to occur no later than fifteen (15) days following adoption of this Resolution by the City Council.

Section 6. That 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 15th day of February, 2022.
____________________________________
Brigit Bennington, Mayor
Attest:
___________________________________
Erin Baum, Assistant City Clerk
Section
Section

Page 110 ends

EXHIBIT A

CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(RESIDENTIAL MAINTENANCE AND SERVICES)

CANVASS AND STATEMENT OF RESULT OF SPECIAL ELECTION

I hereby certify that on February 15, 2022, I canvassed the returns of the special election held on February 15, 2022, in the City of Hesperia Community Facilities District No. 2021-1 (Residential Maintenance and Services) of the City of Hesperia and the total number of ballots cast in such special election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of Hesperia
Community Facilities District No. 2021-1
(Residential Maintenance and Services)
Special Tax Election, February 15, 2022 _22__
_____ _____ _____

Yes: __________

No: __________

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on February 15, 2022.

By:

City Clerk
City of Hesperia

Page 111 ends

ORDINANCE 2022-01

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

STATE OF CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES

IN A COMMUNITY FACILITIES DISTRICT

CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(RESIDENTIAL MAINTENANCE & SERVICES)
WHEREAS, this City Council (the “City Council”) of the City of Hesperia (the “City”) on December 21, 2021 adopted Resolution No. 2021-61 entitled “A Resolution of the City Council of the City of Hesperia, State of California, Declaring its Intention to Establish a Community Facilities District and Future Annexation Area and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) and has conducted proceedings (the “Proceedings”) to establish the City of Hesperia Community Facilities District No. 2021-1 (Residential Maintenance & Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) to finance the costs of the maintenance of police protection services, maintenance and lighting of parks, parkways, streets, roads, storm drains, and open space (the “Services”) as provided in the Act; and
WHEREAS, the Resolution of Intention called for a public hearing to be held on February 15, 2022, or as soon thereafter as the matter may be heard; and WHEREAS, on February 15, 2022, and as part of the Proceedings, this City Council held a public hearing under the Act relative to the determination to proceed with the formation of the District and Future Annexation Area and the rate and method of apportionment of the special tax (the “Special Tax”) to be levied within the District to finance the Services and, at such hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and Future Annexation Area and the levy of the Special Tax were heard, substantial evidence was presented and considered by this City Council, and a full and fair public hearing was held; and
WHEREAS, upon the conclusion of the hearing, this City Council adopted a resolution entitled “A Resolution of the City Council of the City of Hesperia, State of California, Establishing the Formation of a Community Facilities District and Future Annexation Area” (the “Resolution of Formation”), whereby the City Council (i) established the District and Future Annexation Area, (ii) authorized the levy of the Special Tax within the District, and (iii) preliminarily established an appropriations limit for the District, all pursuant to the Act; and WHEREAS, on February 15, 2022, a special election was held among the landowner voters within the District at which the landowner voters approved the proposition relating to the levy of Special Taxes within the District and the establishment of an appropriations limit for

Page 1 of 3 ends

Page 112 ends

the District by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this City Council; and
WHEREAS, the City Council ordered the recordation with the County Recorder of the County of San Bernardino of a Notice of Special Tax Lien (the “Notice”).

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: By the passage of this Ordinance, the City Council hereby authorizes and levies the Special Tax within the District pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2022-2023 and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District, as contemplated by the Resolution of Formation and the Proceedings. By this Ordinance, the City Council also authorizes and levies the Special Tax upon any parcels annexed to the District in the Future Annexation Area for fiscal year 2022-2023 and in each fiscal year thereafter.

SECTION 3: The Director of Administrative Services or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation.

SECTION 4: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the District in excess of the maximum Special Tax specified in the Resolution of Formation.

SECTION 5: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the Special Tax.

SECTION 6: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Director of Administrative Services of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of San Bernardino in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of San Bernardino for fiscal year 2022-23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

Page 2 of 3 ends

Page 113 ends

SECTION 7: If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District by a court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected.

SECTION 8: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation for the City.

SECTION 9: This Ordinance shall become effective thirty (30) days following adoption.

SECTION 10: The City Clerk shall certify to the adoption of the Ordinance and shall cause the same to be posted in three (3) public places withing the City of Hesperia pursuant to the provisions of Resolution no. 2007-101.

ADOPTED AND APPROVED this 15th day of February 2022.
__________________________________
Brigit Bennington, Mayor
ATTEST:
__________________________________
Erin Baum, Assistant City Clerk

Page 114 ends

Prepared by:

Report for:

Community Facilities District No. 2021-1
(Residential Maintenance & Services)
Special Tax Report
January 2022
Prepared by NBS for and on behalf of the City of Hesperia Attachment 5

Page 115 ends

TABLE OF CONTENTS

INTRODUCTION ..................................................................................................................... 1 DESCRIPTION OF SERVICES ..................................................................................................... 2 Authorized Services: ............................................................................................................ 2 Administrative Expenses: .................................................................................................... 2 Incidental Expenses: ............................................................................................................ 2 COST ESTIMATE ..................................................................................................................... 3 Fiscal Year 2022/23 Maximum Annual Special Tax Rate .................................................... 3 Annual Maximum Special Tax Escalation ............................................................................ 3 APPENDIX A: PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT AND FUTURE AN
NEXATION AREA ............................................................................................................... 4 APPENDIX B: RATE AND METHOD OF APPORTIONMENT......................................................... 5

Page 116 ends

City of Hesperia
Community Facilities District No. 2021-1 (Residential Maintenance and Services) Special Tax Report 1

INTRODUCTION
The City Council (the “City Council”) of the City of Hesperia (the “City”) did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), on December 21, 2021, adopted Resolution 2021-61 entitled the Resolution of the City Council of the City of Hesperia, State of California, Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes (the “Resolution of Intention”). In the Resolution of Intention, the City Council directed the study and filing of a public hearing report (the “Report”) required by Section 53321.5 of the Act for the proposed City of Hesperia Community Facilities District No. 2021-1 (Hesperia Residential Maintenance & Services) (the “District”).

Section 53321.5 of the Act provides that the Report contain the following:

1. A
brief description of the public facilities or services to be provided by the District; and

2. An estimate of the fair and reasonable cost of providing the public facilities or services, including the incidental expenses in connection therewith, any City administration costs, and all other related costs.

For particulars, reference is made to the Resolution of Intention for the District, as previously adopted on December 21, 2021 by the City Council.

NOW, THEREFORE, the Director of Public Works of the City, the appointed responsible officer directed to prepare the Report or cause the Report to be prepared pursuant to the provisions of the Act, does hereby submit this Report containing the following information:

 DESCRIPTION OF SERVICES. A description of the services that the City Council has determined to be eligible to be funded by the District.
 COST ESTIMATE. The initial maximum cost estimate for the District services and the anticipated initial maximum special tax revenue.
 PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT: The proposed boundaries of the District are those properties and parcels in which special taxes may be levied to pay for the costs and expenses of the Services. The proposed boundaries of the District are described on the map of the District.
 RATE AND METHOD OF APPORTIONMENT. The Rate and Method of Apportionment of Special Tax which was included in the Resolution of Intention and approved by this City Council on December 21, 2021.

Page 117 ends

City of Hesperia
Community Facilities District No. 2021-1 (Residential Maintenance and Services) Special Tax Report 2

DESCRIPTION OF SERVICES
The public services and incidental costs authorized to be funded by the special taxes levied in the District consist of the following:

Authorized Services:

The services to be funded, in whole or in part, by the community facilities district (the "District”) consist of all se
rvices authorized under Section 53313 of the Government Code, including, but not be limited to, police protection services, maintenance and lighting of parks, parkways, streets, roads, storm drains, and open space. (the "Services"). The Services include all direct and incidental costs related to providing for the maintenance of public infrastructure within the area of the District and areas adjacent to or in the vicinity of such areas. The District may fund any of the following related to the Services: furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the Services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of Services. It is expected that the Services will be provided by the City of Hesperia (the “City”), either with its own employees or by contract with third parties, or any combination thereof.

Administrative Expenses:

The administrative expenses to be funded by the District include the direct and indirect expenses incurred by th
e City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of San Bernardino related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District or the services authorized to be funded by the District, and expenses incurred by the City in undertaking action related to properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District.

Incidental Expenses:

The incidental expenses that may be funded by the District include, in addition to the administrative ex
penses identified above, the payment or reimbursement to the City of all costs associated with the establishment and administration of the District.

Page 118 ends

City of Hesperia
Community Facilities District No. 2021-1 (Residential Maintenance and Services) Special Tax Report 3

COST ESTIMATE
Initial Maximum Amount Proposed to be Expended
The annual budget presented below represents the initial maximum costs for providing the District services as
well as the estimated costs for Fiscal Year 2022/23.

District Costs
2022/23 Maximum
Budget Amount
2022/23 Estimated
Budget Amount
District Service Costs $25,752.42 $25,752.42
District Administration Costs $4,500.00 4,500.00
Total: $30,252.42 $30,252.42

Anticipated Fiscal Year 2022/23 Maximum Special Tax Revenue The initial maximum annual special tax rates are set forth in the Rate and Method of Apportionment for th
e District. Based upon expected development, the initial maximum annual special tax revenue is as follows:

Property Land Use
2022/23
Maximum Annual
Special Tax Rate
2022/23
Total Anticipated
Maximum Annual
Special Tax
Single Family Residential Property $840.35 per Unit $30,252.42 Multi-Family Residential Property $536.20 per Unit 0.00 Accessory Dwelling Unit
30% of the applicable
Maximum Special Tax
Rate for the property
type of the primary
Unit

0.00 Total Anticipated Maximum Annual Special
Tax Revenue (1): $ 30,252.42
(1) Anticipated based upon the full development of 36 residential lots.

Fiscal Year 2022/23 Maximum Annual Special Tax Rate
The Fiscal Year 2022/23 maximum annual special tax rate for Single Family Residential Property within the Dis
trict is $840.35 per single family residential lot. The maximum annual special tax rate for Multi-Family Residential Property is $536.20 per unit.

Annual Maximum Special Tax Escalation
On July 1 of each Fiscal Year, commencing on July 1, 2023, the maximum annual special tax rate shall be inc
reased by an amount equal to three percent (5%) of the maximum annual special tax rate in effect for the previous Fiscal Year.

Page 119 ends

City of Hesperia
Community Facilities District No. 2021-1 (Residential Maintenance and Services) Special Tax Report 4 APPENDIX A: PROPOSED BOUNDARIES OF THE

COMMUNITY FACILITIES DISTRICT AND FUTURE

ANNEXATION AREA
The boundary map and future annexation area for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor, at the time this Report was prepared, and are incorporated by reference herein and made part of this Report.

Page 120 ends

Page 121 ends

City of Hesperia
Community Facilities District No. 2021-1 (Residential Maintenance and Services) Special Tax Report 5 APPENDIX B: RATE AND METHOD OF APPORTIONMENT
The following pages provide a copy of the District’s Rate and Method of Apportionment approved by the City Council on December 21, 2021.

Page 122 ends

Page 1 ends

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CI

TY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(RESIDENTIAL MAINTENANCE AND SERVICES)

A Special Tax shall be levied and collected in City of Hesperia Community Facilities District No. 2021-1 (R
esidential Maintenance and Services) (“CFD 2021-1”) each Fiscal Year, in an amount determined by the application of the procedures below. All of the Taxable Property (as defined below) in CFD 2021-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

Page 123 ends

Page 2 ends

Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund es
tablished in connection with CFD 2021-1, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County Recorder’s office on January 4, 2022, in Book 90 at Page 2 as Document 2022-0004210 of Maps of Assessment and Community Facilities Districts “CFD 2021-1 ” means the City of Hesperia Community Facilities District No. 2021-1 (Residential Maintenance and Services), County of San Bernardino, State of California. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “City” means the City of Hesperia, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD 2021-1. “County” means the County of San Bernardino, California. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 2021-1 for which a building permit for new construction was issued by the City prior to June 30 of the preceding Fiscal Year. “Exempt Property” means all Assessor’s Parcels located within the boundary of CFD 2021-1 which are exempt from the Special Tax pursuant to Section E.
“Fiscal Year” means the period starting July 1 and ending on the following June 30th. “G
IS” means a geographic information system.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C.
“Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi-Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome. “Property Owner’s Association” means any property owner’s association. As used in this definition, a

Page 124 ends

Page 3 ends

Property Owner’s Association includes any home-owner’s association, condominium owner’s ass
ociation, master or sub-association.
“Property Owner’s Association Property” means any property within the boundaries of CFD 2021-1 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means, in any Fiscal Year, that the ratio of the Special Tax to the Maximum Special Tax is equal for all Assessors’ Parcels Authorized to be levied in that Fiscal Year within each respective Tax Zone.
“Public Property” means any property within the boundaries of CFD 2021-1 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency.

Page 125 ends

Page 4 ends

other research by the CFD Administrator. Accessory Dwelling Units are considered Units for purposes of th
e Special Tax.
“Vacant Property” means all Taxable Property that is Undeveloped Property and is not Public Property, Property Owner’s Association Property.
“Welfare Exempt Property” means all Parcels within the boundaries of CFD 2021-1 that have been granted a welfare exemption pursuant to Section 53340 (c) of the Act under subdivision (g) of Section 214 of the Revenue and Taxation Code.

C. MAXIMUM ANNUAL SPECIAL TAX RATE
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property shall be assigned according to the table below:

In some instances, an Assessor’s Parcel of Developed Property may contain more than one property type.

Th
e Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Units of each property type on that Assessor’s Parcel, i.e. more than one Single Family or more than one Multi-Family Unit.

Page 126 ends

Page 5 ends

levied a Special Tax.

Sh
ould an Assessor’s Parcel contain only an Accessory Dwelling Unit, such Assessor’s Parcel will be levied a Special Tax.

All of the Taxable Property within CFD 2021-1 at the time of its formation is within Tax Zone No. 1.

D. METHOD IF APPORTIONMENT OF THE SPECIAL TAX
All Taxable Property shall be subject to a Special Tax defined as follows.

The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD 2021-1 by the method shown below.

First. Determine the Annual Special Tax Requirement.

Second. Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the Maximum Special Tax described in the table below to satisfy the Annual Special Tax Requirement.

Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property.

Page 127 ends

Page 6 ends

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

Page 128 ends

City of Hesperia

STAFF REPORT

DATE: March 15, 2022
TO: Mayor and Council Members

FROM: Nils Bentsen, City Manager SECOND READING AND ADOPTION 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.

At the March 1, 2022, City Council meeting, the Council voted 4-1 (Councilwoman Swanson voted no) to approve Ordinance No. 2022 -02 subject to the following modifications: to reduce the minimum required lot size for metal cargo containers from 30,000 square feet to 18,00 0 square feet; to reduce the required setbacks for metal cargo containers from 30 feet to 5 feet; to allow a maximum of one cargo container on lots that are less than two acres, and to allow a maximum of two containers on lots that are larger than two acre s. Ordinance No. 2022-02 has been revised accordingly.

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 and metal cargo containers from 30,000 square 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 and metal cargo containers that are less than 20 feet in height. 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 129 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 and metal cargo containers from 30,000 square feet to 18,000 square feet; 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; decrease the required setbacks from 30 feet to 5 feet for metal accessory buildings and metal cargo containers that are less than 20 feet in height ; and woul d 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.

Page 130 ends

Ordinance No. 2022-02

Page 2 ends

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.

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 131 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 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 ci rcumstances 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.

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 wi thout axles and similar storage structures are also regulated by Section 16.20.420, whichever is more restrictive.

Page 132 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 133 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.

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 shall only be allowed in the A, RR and R1-18,000 zone districts. In these zone districts, a maximum of one storage container shall be allowed on lots less than two gross acres. Lots that are two gross acres and larger shall be allowed a maximum of two storage containers. Storage containers shall be located between the rear of the primary residence and the rear property line . Each storage container shall be painted in a n 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 134 ends

Attachment 2

Page 135 ends

Page 136 ends

Page 137 ends

Page 138 ends

pg. 1

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

EXHIBIT “A”
DCA21-00002
Ordinance 2022-

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 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.

Page 139 ends

pg. 2

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.

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 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 140 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 141 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 142 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 143 ends

THIS PAGE LEFT INTENTIONALLY BLANK

Page 144 ends

City of Hesperia

STAFF REPORT

DATE: March 1, 2022
TO: Mayor and Council Members

FROM: Nils Bentsen, City Manager SECOND READING AND ADOPTION 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.

At the March 1, 2022 Council meeting the City Council made an amendment to the wording of the Ordinance and Exhibit A. The changes were, it is recommended that the City Council adopt Ordinance 2022-04 regarding granting businesses the choice in not requiri ng or 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

Page 145 ends

Page 2 of 2 ends

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

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

ATTACHMENTS

1.Ordinance 2022-04

2.Exhibit A

3.Ordinance 2022-04 with Track Changes

4.Exhibit A with Track Changes

Page 146 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 THE

CHOICE IN NOT REQUIRING OR 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 the choice in not requiring or 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 invali dity 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 sh all 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 147 ends

01071.0001/769876.1

______________________________
Erin Baum, Assistant City Clerk

Page 148 ends

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

5.03.010 - Definitions

5.03.020 – Purpose

5.03.030 – Scope

5.03.040 – Business Not Applicable

Section 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 lim ited 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, shopp ing 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 entire 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:

Page 149 ends

1. A vaccination card is sued 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 fo reign governmental agency

2. A photo of a vaccination card (both sides) as a separate physical photograph or stored on a phone or 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. (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 the choice in not requiring or requiring proof of vaccination and/or masks in their 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 u pon 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 150 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 THE

AUTONOMOUS CHOICE IN NOT REQUIRING OR 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 Hesperia 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 the autonomous choice in not requiring or 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 shal l 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, phr ase, 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 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 153 ends

Page 151 ends

01071.0001/769876.1
______________________________
Erin Baum, Assistant City Clerk

Page 154 ends

Page 152 ends

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

5.03.010 - Definitions

5.03.020 – Purpose

5.03.030 – Scope

5.03.040 – Business Not Applicable
Section 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:

2. Gyms and fitness venues, including, but not limi ted 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, shoppi ng centers, performing arts theaters, bowling alleys, arcades, card rooms, family entertainment centers, play areas, pool and billiard halls, and other recreational game centers;

Page 151 ends

Page 153 ends

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 i ssued by another foreign governmental agency

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

5.03.020 –Purpose
Businesses are granted the autonomous choice in not requiring or requiring proof of vaccination and/or masks in their 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 require d 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 5.03 is not applicable to healthcare facilities or outdoor businesses, which do not have a vaccination or mask mandate.

Page 152 ends

Page 154 ends

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

City of Hesperia

STAFF REPORT
DATE: March 15, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Jamie Carone, Management Analyst
SUBJECT: Support Legislation that Limits Gubernatorial Authority During a State of Emergency and Demand California’s Governor Abide by Existing Limitations Under the California Emergency Services Act

RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No. 2022-020 supporting legislation that limits the California governor’s ability to extend state of emergency orders without an act of legislation, demanding that the governor abide by existing limitations regarding executive authority specified in the California Emergency Services Act, and requesting local jurisdictions adopt similar resolutions seeking to limit the governor’s authority during a state of emergency.

BACKGROUND
On March 4, 2020, Governor Gavin Newsom (Newsom) declared a state of emergency in response to the COVID-19 pandemic. Since that date, Newsom has suspended or altered more than 400 laws and regulations and issued dozens of other laws without going through the typical legislative process. In total, 561 executive orders have been issued since the pandemic began.

Each state authorizes its governor to declare a state of emergency in times of war, disease, or other extraordinary conditions. Once an emergency is decla red, executive powers expand until the emergency ends. These powers include authority normally only given to state legislatures, such as the ability to suspend existing statutes or create new laws, although temporar ily, as needed to respond to the emergency.

Although some states impose specific time limits on a state of emergency and the executive authority it provides, in California, a state of emergency can only be terminated by the governor or by a concurrent resolution adopted by the state legislature ; however, California Government Code Title 2 Division 1 Chapter 7 California Emergency Services Act (CESA), Article 13 Section 8629 does state that the governor shall proclaim the termination of a state of emergency at the earliest possible date that conditions warrant.

ISSUES/ANALYSIS
On February 25, 2022, Newsom lifted all but five percent of COVID-19 related executive orders.

The order signed on this day terminated 19 of the remaining provisions. Furthermore, the governor announced that 18 executive orders would be lifted on March 31, 2022 and 15 more on June 30, 2022. On February 28, 2022, Newsom declared the mask mandate for schools would

Page 155 ends

Page 2 of 2 ends

Staff Report to the Mayor and Council Members
Limit Gubernatorial Authority During State of Emergency March 15, 2022

be lifted as of March 12, 2022, and the mask mandate for indoor settings, for both the vaccinated and the unvaccinated, would be lifted as of March 1, 2022.

However, although the governor eliminated all but fiv e percent of the executive orders issued under the current COVID-19 state of emergency, the governor also stated that he does not intend, nor does he have a timeline, to end the state of emergency which allows him the authority to change or suspend state laws or mandates in response to the pandemic.

According to Section 8629 of CESA titled “Termination of state of emergency” the declaration to end an emergency should be made at “the earliest date that conditions warrant.” At this time, COVID-19 rates have plummeted as have hospitalizations and death rates, and conditions have become safe enough to lift mask mandates for adults and children indicating that the virus has likely become endemic, as opposed to pandemic, which should bring about the end of the state of emergency as directed in CESA regulations.

FISCAL IMPACT

There are no fiscal impacts identified with this action.

ALTERNATIVE(S)

1. Provide alternative direction to staff

ATTACHMENT(S)

1. Resolution No. 2022-020

Page 156 ends

RESOLUTION NO. 2022-020

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

CALIFORNIA, SUPPORTING LEGISLATION THAT LIMITS THE CALIFORNIA GOVERNOR’S ABILITY TO EXTEND EMERGENCY ORDERS WITHOUT AN

ACT OF LEGISLATION, DEMANDING THAT THE GOVERNOR ABIDE BY

EXISTING LIMITATIONS REGARDING EXECUTIVE AUTHORITY SPECIFIED

IN THE CALIFORNIA EMERGENCY SERVICES ACT, AND REQUESTING

LOCAL JURISDICTIONS ADOPT SIMILAR RESOLUTIONS SEEKING TO LIMIT THE GOVERNOR’S AUTHORITY DURING A STATE OF EMERGENCY.

WHEREAS, on March 4, 2020, Governor Gavin Newsom (Newsom) declared a state of emergency in response to the COVID-19 pandemic; and

WHEREAS, since March 4, 2020, Newsom has suspended or altered more than 400 laws and regulations and issued dozens of laws without undergoing the legislative process; and

WHEREAS, in total 561 executive orders have been issued since the start of the pandemic; and

WHEREAS, in California, a state of emergency can only be terminated by the governor or by a concurrent resolution adopted by the state legislature; and

WHEREAS, California Government Code Title 2 Division 1 Chapter 7 California Emergency Services Act (CESA), Article 13 Section 8629 states that the Governor shall terminate a state of emergency at the earliest possible date that conditions warrant; and

WHEREAS, on February 25, 2022, Newsom lifted all but five percent of COVID -19 related executive orders with the other 33 orders set to be lifted by June 30, 2022; and

WHEREAS, on February 28, 2022, Newsom declared the mask mandate for all California schools to be lifted as of March 12, 2022, and the mask mandate for indoor settings, for both vaccinated and unvaccinated individuals, to be lifted as of March 1, 2022; and

WHEREAS, although nearly all executive orders have been lifted, Newsom declared he does not intend, nor does he have a timeline, to end the state of emergency; and

WHEREAS, executive orders and mandates have been lifted due to California reaching the endemic phase of COVID-19; and

WHEREAS, the governor of California shall declare an end to the state of emergency as current conditions align with the direction provided in CESA regulations.

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

Section 1. Legislation to limit the California governor’s ability to extend emergency orders without an act of legislation is supported and encouraged.

Page 157 ends

Hesperia City CouncilMarch 15, 2022

Hesperia City Council
March 15, 2022