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Draft CC Min 2022-03-15

Hesperia City Council
April 5, 2022

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Draft CC Min 2022-03-15
Meeting
April 5, 2022
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Hesperia City Council
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City of Hesperia
Meeting Minutes ‑ Draft
City Council
Tuesday, March 15, 2022 6:30 PM

REGULAR MEETING AGENDA

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HESPERIA HOUSING AUTHORITY

HESPERIA COMMUNITY DEVELOPMENT COMMISSION

HESPERIA WATER DISTRICT
FIRE PROTECTION DISTRICT – SPECIAL MEETING
March 15, 2022
9700 7th Avenue, Council Chambers, Hesperia, CA 92345
CLOSED SESSION ‑ 5:30 PM
Roll Call

Present: 4 ‑ Mayor Bennington, Mayor Pro Tem Holland, Council Member Bird and Council Member Swanson Council Member Holland
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
C. Roll Call

Present: 5 ‑ Mayor Bennington, Mayor Pro Tem Holland, Council Member Bird, Council Member Gregg, and Council Member Swanson.

D. Agenda Revisions and Announcements by City Clerk
There was a green sheet revision to the attachments in item number 12 E. Closed Session Reports by City Attorney
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Bob Nelson spoke on speaking limits.

Daniel Krist spoke on community issues.

Amanda Gingerich spoke on Maple Park.

Elizabeth Granillo spoke on Maple Park.

JOINT CONSENT CALENDAR
A motion was made by Holland, seconded by Swanson, that the joint consent calendar 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, 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.

Sponsors: Assistant City Clerk Erin Baum

2. Warrant Run Report (City ‑ Successor Agency ‑ Housing Authority ‑ Community Development Commission ‑ Water) Recommended Action:

It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.

Sponsors: Director of Administrative Services Casey Brooksher

3. Treasurer’s Cash Report for the unaudited period ended 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.

Sponsors: Director of Administrative Services Casey Brooksher

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.

Sponsors: Director of Administrative Services Casey Brooksher and Deputy Human Resources/Risk Management Director Rita Perez

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.

Sponsors: Director of Administrative Services Casey Brooksher

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.

Sponsors: Director of Administrative Services Casey Brooksher and Director of Public Works Jeremy McDonald

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 south side of Bear Valley Road (Applicant: H&H Camp 1, LLC; APN: 0406‑051‑22).

Sponsors: Administrative Analyst Bethany Hudson

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).

Sponsors: Administrative Analyst Bethany Hudson

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).

Sponsors: Administrative Analyst Bethany Hudson

PUBLIC HEARING

10. 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 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 A motion was made by Gregg, seconded by Holland, that Public Map 201b be approved.

A substitute motion was made by Swanson that Map NDC103 be approved.

The motion failed for lack of a second.

The original motion, made by Gregg, seconded by Holland, that Public Map 201b be approved was submitted for a vote. The motion carried by the following vote:

Aye: 3 ‑ Bennington, Holland and Gregg
Nay: 2 ‑ Bird and Swanson

CONSENT ORDINANCES
A motion was made by Bird, seconded by Holland, that the consent ordinances be approved. The motion carried by the following vote:

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

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.

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

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.

Sponsors: Senior Planner Ryan Leonard

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.

Sponsors: Assistant City Manager Rachel Molina

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 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.

Sponsors: Management Analyst Jamie Carone
A motion was made by Gregg, 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

COUNCIL COMMITTEE REPORTS AND COMMENTS
Council Member Bird commented on the VVTA and VVWRA meetings, and congratulated Sultana High School cheer on a 5th State championship, Council Member Swanson commented on the Association of Special Districts meeting, water supply, world events, offered a prayer for those in the armed forces, the Mountain Desert Transportation Authority meeting, various ongoing road projects, being impressed with Animal Services staff performance, the redistricting map choices, and spring weather.

Council Member Gregg, commented on the public comment regarding Maple Park, upcoming VVTA meeting, reminded everyone to drive safe, and thanked Fire, Police and City staff.

Mayor Pro Tem Holland commented on the public comment regarding Maple Park, VVWRA meeting Thursday, reclaimed water and the CA department of drinking water, the League of California Cities issues and treatment of staff at a recent meeting. He asked the City Manager to have a discussion item brought back on the City's continued membership of the LOCC Mayor Bennington commented on public speakers and speaking limits, the High Desert mayors’ conference call, a LAFCO conference call after the SBTA meeting, the VVEDA meeting tomorrow at SCLA, issued a reminder regarding City clean-up day April 9, and thanked Police, Fire and City staff,

CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
None

ADJOURNMENT
_____________________________
Erin Baum, Assistant City Clerk

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