Tuesday, June 21, 2022
Meeting Agenda
Closed Session - 6:00 PM
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HOUSING AUTHORITY
COMMUNITY DEVELOPMENT COMMISSION
WATER DISTRICT
City Council Chambers
9700 Seventh Ave., Hesperia CA, 92345
City Clerk's Office: (760) 947-1007
City Council Members
Brigit Bennington, Mayor
William J. Holland, Mayor Pro Tem
Larry Bird, Council Member
Cameron Gregg, Council Member
Rebekah Swanson, Council Member
Nils Bentsen, City Manager
Eric Dunn, City Attorney
See page (3) for details on public meeting guidelines during the COVID-19 (Coronavirus) Pandemic
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.
Brigit Bennington, Mayor 9700 Seventh Avenue Bill Holland, Mayor Pro Tem Hesperia, CA 92345 Larry Bird, Council Member
Cameron Gregg, 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:
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June 21, 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 - 6:00 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 Real Property Negotiators – Property Negotiations Government Code Section – 54956.8
1. Negotiating Parties: Hesperia Recreation and Park District and City of Hesperia
Location: Maple Park APN 0405-373-03
Under Negotiation: Price and Terms
CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Mayor Brigit Bennington
June 21, 2022City Council Meeting Agenda
Mayor Pro Tem William J. Holland
Council Member Larry Bird
Council Member Cameron Gregg
Council Member Rebekah Swanson
D. Agenda Revisions and Announcements by City Clerk
E. Closed Session Reports by City Attorney
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Individuals wishing to speak during General Public Comments or on a particular numbered item are requested to submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the joint agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.
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.
JOINT CONSENT CALENDAR
1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, June 7, 2022.
Recommended Action:
It
is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, June 7, 2022.
Staff Person: Assistant City Clerk Erin Baum
Draft CC Min 2022-06-07Attachments:
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 6-21-2022
Attachment 1 - Warrant Run
Attachments:
3. Treasurer’s Cash Report for the unaudited period ended April 30, 2022 Recommended Action:
June 21, 2022City Council Meeting Agenda
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 SR Treasurer's Report 6-21-2022
Attachment 1 - Treasurer's Report
Attachments:
4. Contract Amendment with Tyler Technologies
Recommended Action:
It
is recommended that the City Council and the Board of Directors of the Hesperia Water District authorize the City Manager to approve an amendment of $109,654 to the existing contract with Tyler Technologies, Inc., for a revised not-to-exceed contract amount of $488,069, for maintenance and licensing of the New World Financial System.
Staff Person: Director of Administrative Services Casey Brooksher SR Contract Amendment with Tyler Technologies 6-21-2022Attachments:
5. Audit Services for FY 2021-22
Recommended Action:
It
is recommended that the City of Hesperia, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, Hesperia Fire Protection District, and Hesperia Water District Council/Boards/Commissions enter into a Professional Services Agreement with the independent certified public accounting firm CliftonLarsonAllen (CLA) LLP, in the amount of $126,900 for performing the audit of the City and its component units, for the fiscal year ended June 30, 2022, as well as additional required State reporting for the year ended June 30, 2022.
Staff Person: Director of Administrative Services Casey Brooksher SR Audit Services for FY 2021-22 6-21-2022Attachments:
6. Nobel Systems, Inc. Contract Amendment
Recommended Action:
It
is recommended that the City Council and Board of Directors of the Hesperia Water District authorize the City Manager to approve an amendment of $12,500 to the existing contract with Nobel Systems, Inc. (Nobel), for a total revised not-to-exceed contract amount of $150,900, for the City’s Geographical Information Systems (GIS) program, Geoviewer.
Staff Person: IT Manager Michael Assumma and GIS Manager Eric Greene SR Nobel Systems, Inc Contract Amendment Revision 6-21-2022Attachments:
7. Contract for Audit Services of Cannabis Businesses
June 21, 2022City Council Meeting Agenda
Recommended Action:
It
is recommended that the City Council authorize the City Manager to enter into a three-year Professional Services Agreement (PSA) with Hinderliter De Llamas and Associates (HdL) in an amount not-to-exceed $532,000, for audit services of cannabis businesses.
Staff Person: Director of Government Services/City Clerk Melinda Sayre and Administrative Analyst Jacquelyn Castillo
SR Contract for Audit Services of Cannabis Businesses 6-21-2022Attachments:
8. Uniform Services Contract
Recommended Action:
It
is recommended that the City Council and the Board of Directors of the Hesperia Water District authorize the City Manager to enter into a two-year agreement with Mission Linen, for a total not-to-exceed contract amount of $67,146, to provide uniform services.
Staff Person: Administrative Analyst Jacquelyn Castillo SR Uniform Services Contract 6-21-2022Attachments:
9. Amendment to Contract with JAS Pacific, Inc.
Recommended Action:
It
is recommended that the City Council authorize the City Manager to approve an amendment to the existing contract with JAS Pacific, Inc. for an additional $195,000, for a revised not-to-exceed contract amount of $320,000 for contract inspection services.
Staff Person: Administrative Analyst Jacqueline Castillo SR Amendment to Contract with JAS Pacific, Inc 6-21-2022Attachments:
10. Crosstown Electrical & Data, Inc. Contract Amendment Recommended Action:
It
is recommended that the City Council authorize the City Manager to approve an amendment to the existing contract with Crosstown Electrical & Data, Inc. for an additional $75,000, for a revised not-to-exceed contract amount of $175,000 for traffic signal maintenance.
Staff Person: Director of Public Works Jeremy McDonald
SR Crosstown Electrical & Data, Inc Contract Amendment 6-21-2022Attachments:
11. Award of Contract for Road Striping and Pavement Marking Services Recommended Action:
It
is recommended that the City Council authorize the City Manager to enter into a one-year agreement with Superior Pavement Markings, Inc. in an not-to-exceed amount of $154,250, for road striping and pavement marking services.
June 21, 2022City Council Meeting Agenda
Staff Person: Director of Public Works Jeremy McDonald
SR Road Striping and Pavement Marking Services 6-21-2022Attachments:
12. Amendment No. 8 to the Waste Disposal Agreement
Recommended Action:
It
is recommended that the City Council approve Amendment No. 8 to the Waste Disposal Agreement (WDA) between the City of Hesperia and the County of San Bernardino.
Staff Person: Assistant City Manager Rachel Molina and Management Analyst Jamie Carone
SR Amendment 8 to the Waste Disposal Agreement 6-21-2022 Attachment 1 - Amendment No. 8 to WDA
Attachment 2 - Waste Disposal Agreement
Attachments:
13. Final Tract Map 17915
Recommended Action:
It
is recommended that the City Council adopt Resolution No. 2022-48 approving Final Tract Map No. 17915 to create 268 Single-family Residential lots on approximately 46 gross acres within the low density residential (LDR) zone of the Main Street and Freeway Corridor Specific Plan located on the north side of Mojave Street and the south side of Valencia Street, 335 feet west of Topaz Avenue (Applicant: NV Hesperia Investors, LLC APN: 0405-052-19 through 21 and 26).
Staff Person: Administrative Analyst Bethany Hudson
SR Final Tract Map 17915 6-21-2022
Resolution 2022-48
Attachment 2 - Final Tract Map 17915
Attachments:
14. Calling November 8, 2022 General Municipal Election Recommended Action:
It
is recommended that the City Council adopt Resolution No. 2022-50 calling for the holding of the General Municipal Election in districts two (2), three (3), and four (4); and 2022-51 requesting consolidation with the statewide General Municipal Election with the San Bernardino County Registrar of Voters.
Staff Person: Director of Government Services/City Clerk Melinda Sayre SR Calling November 8, 2022 Election 6-21-2022
Resolution 2022-50
Resolution 2022-51
Attachments:
CONSENT ORDINANCES
June 21, 2022City Council Meeting Agenda
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.
15. Amendments to Title 5 of Hesperia Municipal Code - Self-Certification Component of the Rental Housing Business License and Inspection Program and Implementation of a Self-Certification Fee
Recommended Action:
Place on second reading and adopt by title waiving the text of Ordinance No. 2022-08 amending Title 5 of the Hesperia Municipal Code related to the Self-Certification component of the Rental Housing Business License and Inspection Program. It is also recommended that the Council adopt Resolution No. 2022-36, to implement a self-certification fee for the Rental Housing Business License and Inspection Program.
Staff Person: Administrative Analyst Jacquelyn Castillo SR Rental Housing Business License and Inspections 6-7-2022 Ordinance 2022-08
Attachment 2 - Exhibit A Title 5 Business License Regulations Resolution 2022-36
Attachment 4 - Exhibit A - City Fee Schedule Clean Copy Attachment 5 - Exhibit B - City Fee Schedule with Track Changes 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.
16. Amendments to Title 14 of Hesperia Municipal Code related to billing and collection procedures for water service
Recommended Action:
It is recommended that the City Council and Board of Directors of the Hesperia Water District introduce and place on first reading Ordinance No. 2022-07 amending Title 14 of the Hesperia Municipal Code related to billing and collection procedures for water service.
Staff Person: Director of Administrative Services Casey Brooksher SR Amendments to Title 14 of Hesperia Municipal Code 6-21-2022 Ordinance 2022-07
Attachment 2 - Exhibit A Chapter 14.02.080 Amended Track Changes Copy Attachment 3 - Exhibit B Chapter 14.02.080 Amended Clean Copy Attachments:
June 21, 2022City Council Meeting Agenda
17. Fiscal Year (FY) 2022-23 Proposed Capital Improvement Program (CIP) Budget Adoption
Recommended Action:
It is recommended that the City Council and the Board of Directors of the Hesperia Water District (HWD) hold a Public Hearing and adopt the following Resolutions approving the Fiscal Year (FY) 2022-23 Proposed CIP Budget for the City of Hesperia and the Hesperia Water District:
1)City of Hesperia Resolution No. 2022-43 adopting the FY CIP 2)Resolution HWD 2022-08 adopting the FY CIP 2022-
2022-23 Budget
23 Budget
Staff Person: Director of Administrative Services Casey Brooksher and Assistant City Manager Rachel Molina
SR Capital Improvement Program 6-21-2022
Attachment 1 and 2 - Resolution 2022-43 and HWD 2022-08 Attachment 3 - FY 2022-23 Capital Improvement Program
Attachments:
18. Emergency Water Conservation Measures
Recommended Action:
It
is recommended that the City Council and Board of Directors of the Hesperia Water District adopt Joint Resolution Nos. 2022-46 and HWD 2022-10 respectively, enacting certain emergency water conservation measures of the Public Utilities Ordinance [Hesperia Municipal Code (HMC) Title 14].
Staff Person: Assistant City Manager Rachel Molina
SR Emergency Water Conservation Regulations 6-21-2022
Joint Resolution 2022-046 and HWD 2022-10
Attachments:
19. Vacate a Portion of Bleriot Street
Recommended Action:
It
is recommended that the City Council hold a public hearing to receive public comments pursuant to Section 8320, subdivision (a) of the California Streets and Highways Code and adopt Resolution 2022-047 to vacate a portion of Bleriot Street, as described in Exhibit “A” and Exhibit “B”.
Staff Person: Administrative Analyst Bethany Hudson
SR Vacate a Portion of Bleriot Street 6-21-2022
Resolution 2022-047
Attachment 2 - Exhibit A "Legal Description" and Exhibit B "Plat Map" Attachments:
20. Development Code Amendment DCA22-00002 and Specific Plan Amendment SPLA22-00001; Applicant: City of Hesperia, Area affected: City-wide Recommended Action:
June 21, 2022City Council Meeting Agenda
The Planning Commission recommends that the City Council introduce and place
on first reading Ordinance No. 2022-10 approving Development Code Amendment DCA22-00002 and Specific Plan Amendment SPLA22-00001, modifying development standards associated with truck storage yards and truck terminals within the industrial zoning classifications.
Staff Person: Senior Planner Ryan Leonard
SR DCA22-00002 & SPLA22-00001; Applicant City of Hesperia 6-21-2022 Ordinance 2022-10
Attachment 2 - Exhibit A
Attachment 3 - Planning Commission Staff Report With Attachments Attachments:
COUNCIL COMMITTEE REPORTS AND COMMENTS
The Council may report on their activities as appointed representatives of the City on various Boards and Committees and/or may make comments of general interest or report on their activities as a representative of the City.
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
The City Manager, City Attorney or staff may make announcements or reports concerning items of interest to the Council and the public.
ADJOURNMENT
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 Thursday, June 16, 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.
City of Hesperia
Meeting Minutes - Draft
City Council
Tuesday, June 7, 2022 6:30 PM
REGULAR MEETING AGENDA
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HESPERIA HOUSING AUTHORITY
HESPERIA COMMUNITY DEVELOPMENT COMMISSION
HESPERIA FIRE PROTECTION DISTRICT
HESPERIA WATER DISTRICT
HESPERIA FIRE PROTECTION DISTRICT - SPECIAL MEETING
CLOSED SESSION - 5:00PM
Roll Call
Present: 4 - Mayor Bennington, Council Member Gregg, Council Member Bird and Council Mem
ber Swanson
Absent: 1 - Mayor Pro Tem Holland
Conference
with Legal Counsel - Potential Litigation: Government Code Section 54956.9(d)2
1. One (1) Case
Conference with Legal Counsel - Potential Litigation: Government Code Section 54956.9(d)4
1. One (1) Case
Conference with Legal Counsel – Existing Litigation Government Code Section 54956.9(d)1
1. Assistant Secretary for FHEO v. City of Hesperia, California, et al.; Case Number 09-16-4717-8 CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Present: 4 - Mayor Bennington, Council Member Bird, Council Member Swanson and Council Mem
ber Gregg
City Council Chambers
9700 Seventh Ave.
Hesperia CA, 92345
Absent: 1 - Mayor Pro Tem Holland
D. A genda Revisions and Announcements by City Clerk
Item 5 removed from consent calendar and considered separately.
E. Closed Session Reports by City Attorney
No reportable action taken.
ANNOUNCEMENTS/PRESENTATIONS
1. Presentation of Certificates of Recognition to the Hesperia High School Golf Team for the 2022 Division 7 CIF Championship and Hesperia High School Track and Field athletes who competed in the State Final tournament by the City Council.
2. A brief update on the status of the Hesperia Fire in Summit Valley was given by Fire Chief Dave Corbin at the Assistant City Manager’s request.
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Bob Nelson spoke on various community issues.
Daniel Krist spoke on various community issues.
Victor A. Muniz spoke on various community issue.
JOINT CONSENT CALENDAR
Item number 5 was pulled from the consent calendar and voted on separately A motion was made by Bird, seconded by Gregg, that the consent calendar, without item number 5,
be approved. The motion carried by the following vote:
Aye: 4 - Bennington, Bird, Swanson and Gregg
Nay: 0
Absent: 1 - Holland
1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, May 17, 2022.
Recommended Action:
It is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesda
y, May 17, 2022.
Sponsors: Assistant City Clerk Erin Baum
2. Warrant Run Report (City - Successor Agency - Housing Authority - Community De velopment 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 Hes
peria Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Sponsors: Director of Administrative Services Casey Brooksher
3. Audited Financial Statements for Fiscal Year Ended June 30, 2021 Recommended Action:
It is recommended that the City Council, Community Development Commission, Hesperia Housing Authority Board, Hesperia Water District Board, and Hesperia Fire Protection District Board receive and file the audited Financial Statements for the Fiscal Year Ended June 30, 2021.
Sponsors: Director of Administrative Services Casey Brooksher
4. Approval of Applications for Prop 68 Per Capita Grant Funds Recommended Action:
It is recommended that the City Council adopt Resolution No. 2022-044 approving applications for Per Capita Grant f
unds under California Proposition 68.
Sponsors: Management Analyst Jamie Carone and Assistant City Manager Rachel Molina
5. Household Hazardous Waste Collection Agreement
Recommended Action:
It is recommended that the City Council authorize the City Manager to execute a five-year Household Hazardous W
aste Collection Agreement (Agreement) with San Bernardino County Fire Protection District (County) for operation of the Household Hazardous Waste (HHW) Facility.
Sponsors: Assistant City Manager Rachel Molina and Community Relations Specialist Marissa Pereyda
A motion was made by Bird, seconded by Swanson, that item number 5 be approved. The motion carried by th
e following vote:
Aye: 3 - Bennington, Bird and Swanson
Nay: 1 - Gregg
Absent: 1 - Holland
6. Contract with Inland Water Works
Recommended Action:
It is recommended that the Board of Directors of the Hesperia Water District authorize the City Manager to enter into a on
e (1) year agreement with Inland Water Works in an amount not-to-exceed $185,000, for the purchase of Mueller water products.
Sponsors: Director of Public Works Jeremy McDonald
7. Fleet Maintenance Services for Fiscal Year 2022-23
Recommended Action:
It is recommended that the City Council and Board of Directors of the Hesperia Water District authorize the Cit
y Manager to enter into a one (1) year agreement with G & M Automotive Center, Inc. in a not-to-exceed amount of $250,000, for fleet maintenance services.
Sponsors: Director of Public Works Jeremy McDonald
8. Award Professional Services Agreements for On-Call Engineering Services Recommended Action:
It is recommended that the City Council and Board of Directors of the Hesperia Water District approve the award of a Prof
essional Services Agreement (PSA) to three professional engineering design firms to provide On-Call Engineering Services for an initial term of three (3) years and each contract in an amount not to exceed $350,000 as follows:
Michael Baker International $350,000
David Evans and Associates, Inc. $350,000
IMEG Corporation $350,000
Sponsors: Assistant City Manager Rachel Molina and Project Construction Manager David Burkett
9. Reject all Bids for I-15 Corridor Utility Improvements - Phase II Recommended Action:
It is recommended that the City Council and Board of Directors of the Hesperia Water District reject all bids submitted
for the I-15 Corridor Utility Improvements - Phase II project.
Sponsors: Assistant City Manager Rachel Molina and Project Construction Manager David Burkett
10. Non-Represented Employees’ Compensation and Benefit Plan Recommended Action:
It is recommended that the City Council, the Board of Directors of the Hesperia Housing Authority, and the Board of
Directors of the Hesperia Water District, adopt Joint Resolution No. 2022-45, HHA 2022-04, and HWD 2022-09, modifying the Non-Represented Employees’ Compensation and Benefit Plan.
Sponsors: Assistant City Manager Rachel Molina, Director of Administrative Services Case y Brooksher and Deputy Human Resources/Risk Management Director Rita Perez
CONSENT ORDINANCES
A motion was made by Gregg, seconded by Swanson, that the consent ordinances be approved.
The motion carried by the following vote:
Aye: 4 - Bennington, Bird, Swanson and Gregg
Nay: 0
Absent: 1 - Holland
11. CUP19-00010, TPM22-00002 & DA22-00001 (Covington Group, Inc.; APNs: 3064-351-03, 3064-361-01, 3064-391-01, 3
064-401-02)
Recommended Action:
Place on second reading and adopt by title waiving the text of Ordinance No. 2022-09 approving DA22-00001.
Sponsors: Senior Planner Ryan Leonard
12. Adoption of a Resolution Establishing the Formation and Certifying the Election Results of Community Facilities District N
o. 2022-1 (Non-ResidentialMaintenance and Services)
Recommended Action:
Place on second reading and adopt by title waiving the text of Ordinance 2022-06, and adopt a Resolution
Establishing the Formation of the City of Hesperia Community Facilities District No. 2022-1 (Non-Residential Maintenance and Services) (“CFD 2022-1”) 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: Director of Administrative Services Casey Brooksher and Assistant City Manager Rachel Molina
PUBLIC HEARING
13. Amendments to Title 5 of Hesperia Municipal Code - Self-Certification Component of the Rental Housing Business Lice
nse and Inspection Program and Implementation of a Self-Certification Fee Recommended Action:
It is recommended that the City Council introduce and place on first reading Ordinance No. 2022-08 amending Titl
e 5 of the Hesperia Municipal Code related to the Self-Certification component of the Rental Housing Business License and Inspection Program. It is also recommended that the Council adopt Resolution No. 2022-36, to implement a self-certification fee for the Rental Housing Business License and Inspection Program.
Sponsors: Administrative Analyst Jacquelyn Castillo
A motion was made by Bird, seconded by Bennington, that this item be approved. The motion carried by the following vote:
Aye: 4 - Bennington, Bird, Swanson and Gregg
Nay: 0
Absent: 1 - Holland
NEW BUSINESS
14. Fiscal Year (FY) 2022-23 Operating Budget Adoption
Recommended Action:
It is recommended that the City Council/Board’s adopt the following Resolutions appro ving the FY 2022-23 Operating Budget for the City of Hesperia, Hesperia Housing Authority, Hesperia Fire Protection District, and Hesperia Water District:
1) City of Hesperia Resolution No. 2022-40 adopting the Fiscal Year 2022-23 Budget 2) City of Hesperia Resolution No. 2022-41 adopting the GANN Appropriations Limit 3) Hesperia Housing Authority Resolution HHA 2022-02 adopting the Fiscal Year 2022-23 Budget
4) Hesperia Fire Protection District Resolution HFPD 2022-02 adopting the Fiscal Year 2022-23 Budget 5) Hesperia Fire Protection District Resolution HFPD 2022-03 adopting the GANN Appropriations Limit 6) Hesperia Water District Resolution HWD 2022-06 adopting the Fiscal Year 2022-23 Budget 7) Joint Resolution No. 2022-42, HHA 2022-03, HFPD 2022-04, and HWD 2022-07 re-adopting the Financial Policies
Sponsors: Director of Administrative Services Casey Brooksher A motion was made by Swanson, seconded by Gregg, that this item be approved. The motion carried by the following vote:
Aye: 4 - Bennington, Bird, Swanson and Gregg
Nay: 0
Absent: 1 - Holland
COUNCIL COMMITTEE REPORTS AND COMMENTS
Council Member Swanson commented on rental home safety, attendance at the recent Tri-Agency meeting, SBCfire.org reporting link for fireworks, Hesperia lake’s recent fish stock, Hesperia High School’s golf CIF championship, Maple Elementary School’s robotics trip, a summer food program at Lime street park, recent SBCTA meeting attendance, attendance at the VVC adult school graduations for HUSD students, and wished everyone a Happy Flag Day on June 14
th.
Council Member Bird supported Council Member Gregg’s request for additional Hazardous Material handling vendor information and commented on the City's budget status, the rental housing inspection program, recent HUSD graduations and adult school graduations, the High School College dual enrollment program, Hesperia High School CIF golf championship and state placement of track athletes, PATHWAY completion by HUSD students, recent attendance at VVTA special meeting and an upcoming VVWRA meeting and thanked Fire, Police and City Staff
Council Member Gregg thanked Fire for their response to the Hesperia Fire in Summit Valley, thanked Police for increased traffic enforcement, reminded residents to slow down, commented on Memorial Day celebrations, the pending primary election, wished everyone a Happy Father's Day, and wished City Attorney Eric Dunn a Happy Birthday.
Mayor Bennington apologized for public commenter behavior, thanked Police for increased traffic enforcement, thanked Fire for their response to the Hesperia Fire in Summit Valley, thanked Public Works for their response to various issues, commented on attendance at the recent Tri-Agency meeting, attendance at the San Bernardino County Peace Officer memorial ceremony, attendance at the ACE Hardware ribbon cutting, attendance at the State of the Chamber event, recent VVC adult school graduations for HUSD students, fireworks, thanked City Staff, law enforcement and the City Council for their efforts, and the pending primary election.
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
None.
ADJOURNMENT
The meeting was adjourned at 8:24 pm.
_____________________________
Erin Baum,
Assistant City Clerk
City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
City Council, as Successor Agency to the Hesperia Community Redevelopment Agency
Chair and Commissioners, Hesperia Housing Authority
Chair and Commissioners, Community Development Commission Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Anne Duke, Deputy Finance Director
Fatima Jacobo, Accountant
SUBJECT: Warrant Run Report (City – Successor Agency – Housing Authority – Community Development Commission – Water)
RECOMMENDED ACTION
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
BACKGROUND
The Warrant Run totals represented below are for th e period May 14 , 2022 through May 27, 2022.
ATTACHMENT(S)
1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $851,695.02 $246,109.33 $0.00 $1,097,804.35 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 3,289.71 172.13 0.00 3,461.84
Community Development Commission 0.00 0.00 0.00 0.00
Water 937,459.61 103,083.26 0.00 1,040,542.87
Totals $1,792,444.34 $349,364.72 $0.00 $2,141,809.06
YEAR-TO PRIOR FY YTD
W/E W/E WARRANT DATE DATE
FUND # FUND NAME 5/20/2022 5/27/2022 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 148,521.47$ 56, 542.30$ 205, 063.77$ -$ 24, 954,572.61$ 23, 412,592.70$ 200 HESPERIA FIRE DISTRICT -$ -$ -$ -$ -$ 1, 917.67$ 204 MEASURE I - RENEWAL 266,294.80$ -$ 266, 294.80$ -$ 531, 293.18$ 624, 532.69$ 207 LOCAL TRANSPORT-SB 325 290.75$ -$ 290. 75$ -$ 29, 444.41$ 16, 902.70$ 209 GAS TAX-RMRA -$ -$ -$ -$ 68, 083.24$ 2, 893,072.44$ 210 HFPD (PERS) -$ -$ -$ -$ 1, 007,746.00$ 975, 994.00$ 251 CDBG 149,046.98$ 4, 840.00$ 153, 886.98$ -$ 1, 328,362.33$ 816, 692.06$ 254 AB2766 - TRANSIT -$ -$ -$ -$ -$ -$
256 ENVIRONMENTAL PROGRAMS GRANT 2,378.53$ 1. 50$ 2, 380.03$ -$ 36, 034.58$ 30, 971.68$ 257 NEIGHBORHOOD STABILIZATION PROG -$ -$ -$ -$ -$ 7, 615.19$ 258 CDBG-CV CARES ACT -$ -$ -$ -$ -$ 43, 233.17$
260 DISASTER PREPARED GRANT -$ -$ -$ -$ -$ -$
263 STREETS MAINTENANCE 27,070.22$ 8, 451.92$ 35, 522.14$ -$ 1, 538,768.09$ 1, 839,907.15$ 300 DEV. IMPACT FEES - STREET -$ -$ -$ -$ 49, 585.90$ 2, 350,327.05$ 301 DEV. IMPACT FEES - STORM DRAIN -$ -$ -$ -$ 98, 384.50$ 82, 663.17$ 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 290.75$ -$ 290. 75$ -$ 2, 180,888.61$ -$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ -$ 6, 888.17$ -$ 313 DIF A-04 DRAINAGE -$ -$ -$ -$ 963, 699.00$ -$ 396 DEVELOPMENT IMPACT -$ -$ -$ -$ -$ -$
399 FEMA-1203-DR (DISASTER) -$ -$ -$ -$ -$ -$
400 2004 STREETS -$ -$ -$ -$ -$ -$
401 CITY DEBT SERVICES -$ -$ -$ -$ -$ -$
402 WATER RIGHTS ACQUISITION -$ -$ -$ -$ 1, 436,593.88$ 1, 435,862.80$ 403 2013 REFUNDING LEASE REV BONDS -$ -$ -$ -$ 865, 585.83$ 239, 998.57$ 501 CFD 91-3 BELGATE -$ -$ -$ -$ -$ -$
504 CITY WIDE STREETS - CIP 4,781.40$ -$ 4, 781.40$ -$ 1, 545,399.29$ 434, 860.49$ 509 CITY FACILITIES CIP -$ -$ -$ -$ -$ -$
800 EMPLOYEE BENEFITS 71,339.90$ 108, 119.14$ 179, 459.04$ -$ 6, 865,434.35$ 6, 485,373.47$ 801 TRUST/AGENCY 2,988.09$ 737. 27$ 3, 725.36$ -$ 2, 732,615.27$ 1, 864,349.66$ 802 AD 91-1 AGENCY -$ -$ -$ -$ -$ -$
804 TRUST-INTEREST BEARING -$ -$ -$ -$ 87, 554.00$ 966. 55$ 807 CFD 2005-1 -$ -$ -$ -$ 1, 281,548.77$ 1, 851,084.10$ 808 HFPD (TRANSITION) -$ -$ -$ -$ 369, 875.18$ 349, 739.56$ 815 PLAN REVIEW TRUST - FRONTIER -$ -$ -$ -$ -$ -$ CITY 673,002.89$ 178,692.13$ 851, 695.02$ -$ 48, 001,687.19$ 45, 758,656.87$ 163 REDEVELOP OBLIG RETIREMENT-2018 -$ -$ -$ -$ 9, 999,319.34$ 9, 724,979.08$ SUCCESSOR AGENCY -$ -$ -$ -$ 9, 999,319.34$ 9, 724,979.08$ 370 HOUSING AUTHORITY 1,073.71$ 2, 216.00$ 3, 289.71$ -$ 52, 237.89$ 69, 931.83$ HOUSING AUTHORITY 1,073.71$ 2,216.00$ 3, 289.71$ -$ 52, 237.89$ 69, 931.83$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ 1, 135.42$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ 1, 135.42$ 700 WATER OPERATING 568,761.36$ 59, 783.53$ 628, 544.89$ -$ 7, 617,076.34$ 13, 689,896.47$ 701 WATER CAPITAL 606.56$ -$ 606. 56$ -$ 89, 868.46$ 1, 104,891.21$ 710 SEWER OPERATING 306,392.48$ 1, 071.42$ 307, 463.90$ -$ 4, 323,937.34$ 3, 562,968.12$ 711 SEWER CAPITAL 723.60$ -$ 723. 60$ -$ 161, 267.37$ 1, 885,984.47$ 713 SEWER CAPITAL REHAB AND REPLACE -$ -$ -$ -$ -$ 54, 882.50$ 720 RECLAIMED WATER OPERATIONS 120.66$ -$ 120. 66$ -$ 237, 000.48$ 234, 635.83$ WATER 876,604.66$ 60,854.95$ 937, 459.61$ -$ 12, 429,149.99$ 20, 533,258.60$ ACCOUNTS PAYABLE TOTAL 1,550,681.26$ 241,763.08$ 1, 792,444.34$ -$ 70, 482,394.41$ 76, 087,961.80$ REG. PAYROLL
City -$ 246,109.33$ 246, 109.33$ -$ 5, 703,175.58$ 4, 864,252.79$ Housing Authority -$ 172.13$ 172. 13$ -$ 1, 840.83$ 4, 564.18$ Water -$ 103,083.26$ 103, 083.26$ -$ 2, 485,877.10$ 2, 281,852.95$ PAYROLL TOTAL -$ 349,364.72$ 349, 364.72$ -$ 8, 190,893.51$ 7, 150,669.92$ City of Hesperia
WARRANT RUNS
05/14/2022-05/27/2022
* The year to date totals for this Warrant Report are for the 2021-22 fiscal year starting July 1, 2021; however, the year-to-date totals include a total of $219,412.79 in payments issued on 6/28/21 and 6/29/21.
Attachment 1
City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
City Council, Serving as Successor Agency to the Hesperia Community Redevelopment Agency
Chair and Commissioners, Hesperia Housing Authority
Chair and Commissioners, Community Development Commission Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Anne Duke, Deputy Finance Director
Jacob Weatherbie, Accountant
SUBJECT: Treasurer’s Cash Report for the unaudited period ended April 30, 2022
RECOMMENDED ACTION
It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
BACKGROUND
This report is presented to the City Council pursuant to Government Code Section 53646 (b) setting forth the City’s investment portfolio.
ISSUES/ANALYSIS
The Treasurer’s Cash Reports are presented on the following pages for each agency.
FISCAL IMPACT
These reports reflect unaudited cash balances as of April 30, 2022.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
1. City of Hesperia Investment Report
2. Successor Agency to the Hesperia Community Redevelopment Agency Investment Report
3. Hesperia Housing Authority Investment Report
4. Community Development Commission Investment Report
5. Hesperia Water District Investment Report
Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
June 21, 2022
FUND VALUE
General Fund (100 & 800) 14,701,906.43$
Fire District Fund (200) 321.00
HFPD (PERS) (210) 2,943,378.23
AB27666 - Transit (254) 23,934.27
AB3229 Supplemental Law (255) 183,358.38
AD No. 91-1 (802) 372,836.44
Beverage Recycling Grant (256) 227,155.88
CFD 2005-1 (807) 1,927,195.35
HFPD Transition (808) 45,664.61
City Wide-Capital Projects (504) (861,640.05)
Community Dev Block Grant (251, 252, & 253) 667,590.89
American Rescue Plan Grant (261) 11,718,653.62
Development Impact Fund (300-304) 5,489,981.18
Development Impact Fund 2018 (306-312) 13,626,125.55
Development Impact Fund A-04 Drainage (313) 6,436.16
Disaster (260) 44,211.59
Gas Tax Fund (205) 819,781.25
Gas Tax - RMRA (209) 2,140,605.25
Gas Tax Swap (206) 819,017.08
Local Transportation SB325 (207) 2,313,810.29
Measure I - Renewal (204) 7,883,323.01
Neighborhood Stabilization Prog (257) 2,887,811.58
Public Works Street Maint (263) 718,967.84
Trust Fund (801, 803-806, & 815) 2,037,352.88
2012 Water Rights Acquisition (402) 1,625,870.60
2013 Refunding Lease Rev Bonds (403) 1,663,545.16
TOTAL CITY FUNDS 74,027,194.47$
CITY OF HESPERIA
FUND VALUE
RORF Retention - (163) 1,385,327.89$
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
June 21, 2022
FUND VALUE
Hesperia Housing Authority Fund (370) 3,625,741.72$
VVEDA Housing Authority (371) 1,823,487.09
TOTAL HOUSING AUTHORITY FUNDS 5,449,228.81$
HESPERIA HOUSING AUTHORITY
FUND VALUE
Community Development Commission Fund (170) (600,672.50)$
COMMUNITY DEVELOPMENT COMMISSION
VALUE
Water Operating (700) 16,728,967.08$
Water Capital (701) (5,958,419.15)
Water Capital Rehab and Replace (703) 1,423,261.88
Water Contamination Mitigation (704) 1,918,433.16
Sewer Operating (710) 13,990,391.52
Sewer Capital (711) 3,453,574.66
Sewer Capital Rehab and Replace (713) 741,440.79
Reclaimed Water Operations (720) (471,245.64)
TOTAL WATER FUNDS 31,826,404.30$
WATER
FUND
City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and City Council Members
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Michael Assumma, Information Systems Manager
SUBJECT: Contract Amendment with Tyler Technologies
RECOMMENDED ACTION
It is recommended that the City Council and the Board of Directors of the Hesperia Water District authorize the City Manager to approve an amendment of $109,654 to the existing contract with Tyler Technologies, Inc. , for a revised not -to-exceed contract amount of $488, 069, for maintenance and licensing of the New World Financial System.
BACKGROUND
The New World Financial System is a unified suite of software products, which includes Financial Management, Utility Management, Human Resources, and Payroll. The City has used New World Systems for nearly 30 years. New World Systems was recently purchased by Tyler Technologies, an industry leader in municipal software development. The purchase of New World Systems by Tyler Technologies has reduced licensing costs and further improved development t ime and standardization of all applications.
ISSUES/ANALYSIS
From the initial installation of the New World Financial System, the City has maintained a current maintenance and licensing agreement for the New World Financial suite of products. In order to maintain the required support for the City’s financial system, it is necessary for the City to keep its software m aintenance and l icensing agreement in good standing. The maintenance agreement covers the modules used by the City and is used often throughout the year for updates to the system or adjustments to the standard software suite.
FISCAL IMPACT
Sufficient funding has been included in the Fiscal Year 2022-23 Operating Budget.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
None
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City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
City Council, as Successor Agency to the Hesperia Community Redevelopment Agency
Chair and Commission, Hesperia Housing Authority
Chair and Commission, Community Development Commission
Chair and Board Members, Hesperia Fire Protection District Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Anne M. Duke, Deputy Finance Director
SUBJECT: Audit Services for FY 2021-22
RECOMMENDED ACTION
It is recommended that the City of Hesperia, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, Hesperia Fire Protection District, and Hesperia Water District Council/Boards/Commissions enter into a Professional Services Agreement with the independent certified public accounting firm CliftonLarsonAllen (CLA) LLP, in the amount of $126,900 for performing the audit of the City and its component units, for the fiscal year ended June 30, 2022, as well as additional required State reporting for the year ended June 30, 2022.
BACKGROUND
CLA is the City’s current auditor and the firm has extensive experience in governmental auditing and a deep familiarity of the City’s accounting structure. The firm has a depth of knowledge that is supported by the nearly 2,600 Certified Public Accountants (CPA’s) employed by CLA, in 120 locations within 30 States, and has provided accounting and auditing services for over 60 years.
ISSUES/ANALYSIS
The firm of CliftonLarsonAllen (CLA) has expertise in the field of governmental accounting, and ensures the City’s financial statements are compliant to the lastest Government Accounting Standards Board (GASB) statements. One of the prominent GASB statements that is scheduled to take effect for the June 30, 2022 financial statements is Statement 87 Lease Accounting, which establishes the criteria for reporting certain lease liabilities that were not previously required.
Consistent with Government Code 12410.6(b), which established an auditor rotation requirement for local agencies, the lead audito r responsible for performing the City’s audit will transition to Kassie Radermacher, CPA, CFE. An agreement with CLA is recommended for the City’s fiscal year end June 30, 2022 audit and required State reporting.
Staff Report to the City Council, Chairman and Board Members Audit Services for FY 2021-22
June 21, 2022
FISCAL IMPACT
The proposed cost of performing the Fiscal Year (FY) 2021-22 audit and required State reporting is $126,900 as detailed below:
$ 76,580 Audit (includes the City of Hesperia and its component units, the Hesperia Fire Protection District, the Hesperia Water District, the Community Development Commission, and the Hesperia Housing Authority; also includes the Successor Agency to the Former Hesperia Community Redevelopment Agency) 13,865 Report Preparation
16,965 State Controller’s Office Reporting
19,490 Single Audit 1st through 5th major programs
$126,900 Total Audit/Reporting Costs
The cost of the audit and State reports will be allocated among the City and its component units based upon the size and complexity of each component unit. Adequate budget will be included within the FY 2022-23 Proposed Budget.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
None
City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Mike Assumma, Information Systems Manager
Eric Greene, GIS Manager
SUBJECT: Nobel Systems, Inc. Contract Amendment
RECOMMENDED ACTION
It is recommended that the City Council and Board of Directors of the Hesperia Water District authorize the City Manager to approve a n amendment of $12,500 to the existing contract with Nobel Systems, Inc. (Nobel), for a total revised not-to-exceed contract amount of $150,900, for the City’s Geographical Information Systems (GIS) program, Geoviewer.
BACKGROUND
Nobel has been the City’s provider for GIS and GeoViewer integrations (online and public) data management and administrative training since 2007. In 2016, Nobel also began web hosting the City’s GeoViewer public system that allows City employees access to GIS data and real -time parcel information provided by Core Logic Integration within GeoViewer. This system also allows citizens the use of the GIS data through the City’s website.
In addition, Nobel provides GIS Data Management for digitizing of new assets (i.e., redlines on water plans) in ESRI format. As part of the GIS Data Management, Nobel provides updates for GIS assets, for the City’s water, sewer, storm, and street Geodatabases to use the data for Hydraulic Modeling purposes and other existing (City) third party applications, such as:
Geoviewer, Cityworks, Trakit, Hydraulic modeling, and Granite XP.
ISSUES/ANALYSIS
The current contract with Nobel is for a not -to-exceed amount of $138,500 and an additional $12,500 for the amended not-to-exceed amount of $150,900 will be needed for the remainder of the fiscal year. Staff is currently working with the vendor on a new three-year contract, which will be presented for the Council and Board’s consideration during July 2022.
FISCAL IMPACT
Sufficient funding exists within the Fiscal Year 2021-22 adopted budget.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
None.
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City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
FROM: Nils Bensten, City Manager
BY: Melinda Sayre, Director of Government Services/City Clerk Jacquelyn Castillo, Administrative Analyst
SUBJECT: Contract for Audit Services of Cannabis Businesses
RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager to enter into a three -year Professional Services Agreement (PSA) with Hinderliter De Llamas and Associates (HdL) in an amount not-to-exceed $532,000, for audit services of cannabis businesses.
BACKGROUND
Each business that is operating in the City is audited both financially and for compliance with state and City regulations each year they are in business. On December 11, 2019, the City entered into a piggyback contract with HdL in the amount not -to-exceed $50,000 and expiring on February 20, 2022. On August 3, 2021, the City Council approved an amendment of $58,000 to the existing contract with HdL, for a revised not -to-exceed contract amount of $108,000.
ISSUES/ANALYSIS
The current contract with HdL is set to expire on June 30, 2022. On March 10, 2022, the City issued a Request for Proposal (RFP) for cannabis audit services and received four proposals on April 12, 2022. The RFP was made up of two parts, Par t 1 – Technical Proposal, and Part 2 – Fee Proposal . Fee Proposals remained sealed and held until all Technical Proposals were evaluated and ranked.
As part of Part 1, a panel of three staff members reviewed and evaluated th e proposals based on certain criteria such as project understanding, qualifications, experience, and approach to the scope of work. The consultants and their cumulative scores are included below with the top three consultants highlighted.
The purpose of the cumulative scoring system is to ensure that each consultant complied with the RFP directives, and to provide a way to narrow down the top candidates prior to the City reviewing fee proposals. This also ensures that the consultant who is recommended to receive the contract meets the City’s high standards for the services requested , based upon the review of their proposal by a panel.
Staff Report to the Mayor and Council Members
June 21, 2022
Contract for Audit Services of Cannabis Businesses
Available Points CORE
Compliance
SCI
Consulting
Group
HdL
Companies AM LLC
100 78 87 92 72
100 83 87 100 71
100 86 91 90 79
Total Score 300 247 265 282 222
3 2 1 4
= Top Three (3) Ranked Firms from Panel Scored Received
REVIEW PANEL SUMMARY
Firms
Based on the cumulative scores from the panel; HdL Companies was the top-rated consultant, and best meets the City’s service needs . Therefore, it is recommended that the City Council approve the award of Professional Services Agreement to HdL.
HdL has increased its audit fees from $7,250 to $12,000. The proposed contract amount considers the 65% increase in audit fees and the number of active can nabis businesses requiring audit services as well as existing cannabis businesses that will require audit services in the next three years as they progress in their medical cannabis project status.
Contract cannabis audit services are necessary to provide the City with ongoing technical support and subject matter expertise to ensure proper oversight and management of all commercial cannabis businesses, including compliance with all applicable State and local laws and an annual financial audit to verify the accuracy of the revenue reported to the City during the review period.
FISCAL IMPACT
The Fiscal Year (FY) 2022-23 Operating Budget includes funding for contract cannabis audit services and will be included in the annual budget by staff for the duration of the contract (FY 2022-23 through FY 2024 -25). Additionally, each establishment pays the City for their respective annual audit as part of the cannabis application and business license process.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
None
City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Melinda Sayre, Director of Government Services/ City Clerk Jacquelyn Castillo, Administrative Analyst
SUBJECT: Uniform Services Contract
RECOMMENDED ACTION
It is recommended that the City Council and the Board of Directors of the Hesperia Water District authorize the City Manager to enter into a two-year agreement with Mission Linen, for a total not-to-exceed contract amount of $67,146, to provide uniform services.
BACKGROUND
The City of Hesperia and Hesperia Water District utilizes a uniform services company to provide uniform rental and laundering services for various departments/divisions that regularly pe rform their job duties outside of City buildings. Utilizing a uniform service provider allows for a professional and consistent appearance to clearly identify City of Hesperia and Hesperia Water District staff as they perform their job-related services to the community.
ISSUES/ANALYSIS
To continue to provide uniform services, the City prepared a request for formal bid that was released on May 5, 2022 and closed on May 26, 2022. The following two (2) bids were received by the City:
Total Amount for
Two-Year Agreement
Mission Linen Supply Cintas
$67,145.52 $67,982.72
Upon review of the submitted bids, Mission Linen Supply was deemed to be the lowest responsible/responsive bidder.
FISCAL IMPACT
Funding has been included in the Fiscal Year 2022-23 Operating Budget.
ALTERNATIVE(S)
1. Provide alternate direction to staff.
ATTACHMENT(S)
None
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City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Mike Hearn, Deputy Director of Community Development
Jacquelyn Castillo, Administrative Analyst
SUBJECT: Amendment to Contract with JAS Pacific, Inc.
RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager to approve an amendment to the existing contract with JAS Pacific, Inc . for an additional $195,000, for a revised not-to- exceed contract amount of $320,000 for contract inspection services.
BACKGROUND
Building and Safety is responsible for providing inspections on all construction projects in the City. Contract inspection services are needed to keep pace with development in the City in lieu of hiring additional staff to absorb the increased workload. These services include, but are not limited to, the performance of inspections of residential, commercial, industrial buildings and structures, structural framing and foundations, electrical plumbing, mechanical systems, roofing, photovoltaic, and grading.
ISSUES/ANALYSIS
In 2021, the City executed a three -year agreement with JAS in the amount not-to-exceed $125,000, of which 100% has been expensed. While the existing fee schedule will be maintained, additional contract authority is needed to continue inspection services.
FISCAL IMPACT
Funding exists within the Fiscal Year (FY) 2021 -22 adopted budget and will continue to be budgeted through FY 2023-24.
ALTERNATIVE(S)
1. Provide alternate direction to staff.
ATTACHMENT(S)
None
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City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Jeremy McDonald, Director of Public Works
Marc Morales, Management Analyst
SUBJECT: Crosstown Electrical & Data, Inc. Contract Amendment
RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager to approve an amendment to the existing contract with Crosstown Electrical & Data, Inc. for an additional $75,000, for a revised not-to-exceed contract amount of $175,000 for traffic signal maintenance.
BACKGROUND
The Public Works Traffic Program is responsible for maintaining twenty-eight (28) traffic signals throughout the City. Quarterly routine preventative and some corrective maintenance to the traffic signal cabinets, traffic signal lights, and traffic signal devices are performed by the Traffic Program. The program also utilizes a contractor for correc tive e mergency repairs, conflict monitoring maintenance, and technical assistance needed to components of the traffic signal s which include assemblies, electrical wiring, detection systems, preemption devices, and camera systems. In August 2020, the City conducted a request for proposals for Traffic Sign al Maintenance and Crosstown Electrical & Data , Inc. was deemed the lowest responsible/responsive bidder.
ISSUES/ANALYSIS
The current cont ract with Crosstown Electrical & Data , Inc. is for a not-to-exceed amount of $100,000. Due to various emergency repairs throughout the City, additional contract authority will be required for the new Fiscal Year. These emergency repairs included three (3) traffic signal knockdowns and two (2) traffic cabin et replacements, which were related to traffic accidents, vandalism, and electrical wiring. The most recent emergency repair from a traffic accident at Main Street and Cottonwood Avenue resulted in re-wiring the entire intersection and replacement of all components in the traffic cabinet, cameras, and three (3) traffic signal heads. Based on the emergency repairs and overall maintenance, staff estimates an additional $75,000 will be sufficient for corrective maintenance, conflict monitoring maintenance, a nd technical assistance for the remainder of the contract term.
FISCAL IMPACT
Sufficient funding has been included in the Fiscal Year 2022-23 Proposed Operating Budget.
Staff Report to the Mayor and Council Members
Crosstown Electrical & Data, Inc. Contract Amendment
June 21, 2022
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENTS
None
City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Jeremy McDonald, Director of Public Works
Marc Morales, Management Analyst
SUBJECT: Award of Contract for Road Striping and Pavement Marking Services
RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager to enter into a one-year agreement with Superior Pavement Markings, Inc. in an amount not-to-exceed $154,250, for road striping and pavement marking services.
BACKGROUND
The Public Works Traffic Program maintains traffic legends, crosswalks, pavement markings, and approximately 900,000 linear feet of striping throughout the City in order to provide a safe flow of traffic to all motorists navigating the roadways. Staff’s goal is to schedule striping services as needed on fair weather days which are acceptable for painting. The scheduled striping maintenance also includes any striping or legend changes due to new construction and/or engineering orders requested.
ISSUES/ANALYSIS
To continue to provide road striping and pavement marking services, the City prepared a formal bid that was released on May 19, 2022 and closed on June 7, 2022. The City received the following five (5) bids:
FY 2022-23
PCI
Chrisp
Company
Superior
Pavement
Markings, Inc.
Safe
USA, Inc.
J&S Striping
Company,
Inc.
Total Cost $246,750 $191,445 $154,250 $275,925 $193,410
Upon review of the submitted bids, Superior Pavement Marking s, Inc. was deemed to be the lowest responsible/responsive bidder for road striping and pavement marking services.
FISCAL IMPACT
Sufficient funding has been included in the Fiscal Year 2022-23 Proposed Operating Budget.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENTS
None
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City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Jamie Carone, Management Analyst
SUBJECT: Amendment No. 8 to Waste Disposal Agreement
RECOMMENDED ACTION
It is recommended that the City Council approve Amendment No. 8 to the Waste D isposal Agreement (WDA) between the City of Hesperia and the County of San Bernardino.
BACKGROUND
In 1989, the State of California passed Assembly Bill 939 (AB 939) requiring all local jurisdictions to reduce landfill waste by 25% in 1995 and 50% by 2000 or be subject to fines of up to $10,000 a day for each day of non-compliance.
The County of San Bernardino owns, manages, and operates the sanitary landfill system for the disposal of local jurisdiction solid waste, which is not composed , reused, recycled, transformed, or otherwise diverted from landfill disposal. Recognizing that all California counties and cities are subject to the same waste diversion mandates, the County of San Bernardino Solid Waste Management Division (SWMD) and the City of Hesperia entered into a Solid Waste Disposal Agreement (WDA) in November 1998, in order to serve the public health, safety, and welfare of the City with greater disposal rate stability, environmental protection, and more predictable and reliable l ong-term disposal service. Originally, a total of 16 cities in San Bernardino County became signatories to identical agreements. By doing so, the WDA contract requires the City to deliver all solid waste to the County disposal system for fifteen (15) years in return for receiving the lowest disposal rate, or tipping fee, in use at the landfill(s), subject to potential adjustments as necessary.
Since 1998, several amendments to the WDA have been approved to include implementing the “Article 19 Solid Waste ” component of the County’s waste management system and define the City’s share of that revenue. Amendment No. 2 was to increase the annual maximum limits of “Article 19 Solid Waste” in the County landfill system. Amendment No. 3 allowed the County to charge the fee of $10.00 per ton (prorated) for identified controllable waste of the City (e.g., toll off container trucks and other County/City vehicles such as pickups and dump trucks) and have such waste subject to being processed in the recycling program. Amendment No. 4 allowed the County to calculate the annual cost of living adjustment earlier in the calendar year. Amendment No. 5 extended the end date of the WDA to June 30, 2016. Amendment No. 6 extended the term of the WDA to June 30, 2021, applied an annual fixed WDA renewal discount adjustment of $0.82 per ton for the term of the WDA, and allowed the County to enter into agreements to accept in - County waste from non-WDA users of the Disposal System at a rate lower than the WDA Contract
Staff Report to the Mayor and Councilmembers
Amendment No. 8 to Waste Disposal Agreement
June 21, 2022
Rate in exchange for net revenue generated from those agreements. Amendment No. 7 reset the WDA Contract Rate and extended the term for five (5) years to June 30, 2026.
ISSUES/ANALYSIS
For the last several months, representatives from the WDA cities and the Count y of San Bernardino (County) have met to discuss the various amendments to the WDA proposed by the County. Based on these discussions, the proposed Amendment No. 8 provides the following changes to the WDA to include the following:
In connection with the ongoing administration of the WDA, the parties have determined it is now in their best interest to cap the WDA Contract Rate in order to maintain a 15% buffer between the WDA Contract Rate and the County’s posted gate rate; The subject amendment will cap the calculation of escalation at 85% of the County approved general public gate rate (currently $59.94 minus the current CDSDP recycling fee of $12.00), as such fees may be amended;
Currently the rate for next FY 2022 -23 will be $43.41; however, if Amendment No. 8 is approved by all of the WDA cities and the County, the rate will be reduced to $40.75 (the capped rate);
In exchange for capping the WDA Contract Rate, the City agrees to commit to remaining a WDA City, with no provision to terminate without cause, for the remainder of the WDA term which is June 30, 2026.
The County has requested that the 15 current WDA cities/towns present the WDA Amendment No. 8 to each representative Council for review and approval prior to the County’s Board meeting on June 28, 2022.
FISCAL IMPACT
Amendment No. 8 to the WDA will cap the WDA Contract Rate in order to maintain a 15% buffer between the WDA Contract Rate and the County’s posted gate rate, capping the rate at 85% of the total public gate rate, thus making the WDA Contract Rate $40.75 per ton instead of the current proposed FY 2022-23 proposed rate of $43.41 per ton.
The estimated amount of the City’s tonnage last fiscal year was 69,000 tons. Based on this calculation, the total charged for the disposal of the City’s controlled waste with the proposed rate of $43.41 totals $2,995,290. With the rate of $40.75 proposed through Amendment No. 8, th e total for the disposal of waste totals $2,811,750 for a difference of $183,540.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Amendment No.8 to WDA
2. FY 2022-23 Waste Disposal Agreement
Attachment 1
AMENDMENT NO. 8 TO THE
WASTE DISPOSAL AGREEMENT NO. 98-959
On November 17, 1998, the City of Hesperia (“City”) and the County of San Bernardino (“County”) entered into a Waste Disposal Agreement (“WDA”). The parties hereby amend the WDA, on the Effective Date as provided herein, by their respective execution of this agreement (hereinafter “Amendment’).
Recitals
A. The parties have previously entered into the following amendments to the WDA. Amendment No. 1 to the WDA was to implement the “Article 19 Solid Waste” component of the County’s waste management system and define the City’s share of that revenue. Amendment No. 2 was to increase the annual maximum limits of “Article 19 Solid Waste” in the County landfill system. Amendment No. 3 allowed the County to charge the fee of $10.00 per ton (prorated) for identified controllable waste of the City (e.g., roll off container trucks and other County/City vehicles such as pickups and dump trucks) and have such waste subject to being processed in the recycling program. Amendment No. 4 allowed the County to calculate the annual cost of living adjustment earlier in the calendar year. Amendment No. 5 extended the end date of the WDA to June 30, 2016. Amendment No. 6 extended the term of the WDA to June 30, 2021, applied an annual fixed WDA renewal discount adjustment of $0.82 per ton for the term of the WDA, and allowed the County to enter into agreements to accept in-County waste from non-WDA users of the Disposal System at a rate lower than the WDA Contract Rate in exchange for sharing the net revenue generated from those agreements. Amendment No. 7 reset the WDA Contract Rate and extended the term for five (5) years to June 30, 2026.
B. In connection with the ongoing administration of the WDA, the parties have determined it is now in their best interests to cap the WDA Contract Rate in order to maintain a 15% buffer between the WDA Contract Rate and the County’s posted gate rate.
C. This change will assist both the City and the County in planning for future fiscal years’ budgeting of solid waste disposal services and costs by putting a mechanism in place for the future to prevent compaction with the County’s posted gate rate.
NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the Parties agree as follows:
1. Amended Section 4.2 CONTRACT RATE. (A) Generally. This section is amended in its entirety to read:
SECTION 4.2. CONTRACT RATE. (A) Generally. Effective July 1, 2022, the Contract Rate payable by each Franchise Hauler shall be $40.75 per ton, subject to potential adjustment necessary to reflect the circumstances set forth below:
(i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, including Changes in Law; and
(ii) escalation during the Term of this Agreement calculated in accordance with Section
4.2(B). In no case will the calculation of escalation exceed 85% of the County approved general public gate rate (currently $59.94 minus the current CDSDP recycling fee of $12.00), as such fees may be amended.
Attachment 1
Prior to adjusting the Contract Rate as a result of any of the circumstances described in Section
4.2(A)(i), the County shall utilize the following remedy: reduce the costs of operating the Disposal System to the extent practicable.
Any adjustments to the Contract Rate permitted by Section 4.2(A)(i) shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized, and shall also reflect, where applicable, the then remaining capacity in the Disposal System. Such adjustment may not reflect c ircumstances other than the circumstances described in Section 4.2(A)(i).
2. Amended Section 4.2. CONTRACT RATE. (B) Calculation of Escalation. This section is amended in its entirety to read:
SECTION 4.2. CONTRACT RATE. (B) Calculation of Escalation. For purposes of Section 4.2(A)(ii), the Contract Rate shall be adjusted in accordance with the formula described in this Section each July 1 during the term hereof, commencing July 1, 2022. The adjustment shall be calculated in accordance with the following formula:
Contract Rate = Fixed Portion + [Escalating Portion x Index]
Where,
Fixed Portion = $10.87
Escalating Portion = $17.63
Index = Price Index, which shall be determined in accordance with the following formula:
I = .7[PPI1/PPI2] +.3[EI1/EI2]
PPI1 = The Producer Price Index, Industrial Commodities Commodity Data, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Series ID WPU03 thru 15 for the month of September in the year prior to the year for which the adjustment is being made (e.g., the adjustment effective July 1, 2011 will use the September 2010 value)
PPI2 = Producer Price Index, Industrial Commodities Commodity Data for the month of September, 1997
EI1 = Employment Cost Index, Total Compensation, Private Industry All Workers, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Series ID:
CIU2010000000000I for the last quarter of the year preceding the year for which the adjustment is being made (e .g., the adjustment effective July 1, 2011 will use the third quarter, 2010 value)
EI2 = Employment Cost Index, Compensation, Private Industry All Workers, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Table 3 , established for the third quarter of 1997.
Effective July 1, 2022, and each July 1 thereafter during the term of the Agreement, the Contract Rate adjustment will be calculated as provided above, except that an annual fixed WDA renewal discount adjustment of $0.82 per ton will be applied after the annual Cost of Living Adjustment (COLA) adjustment.
In no case will the adjustment to the Contract Rate exceed 85% of the County’s approved general public
Attachment 1
gate rate (without the current CDSDP recycling fee of $12.00), as such fees may be amended. For example, the current County’s posted gate rate is $47.94 ($59.94 minus the $12 CDSDP fee). Therefore, the WDA Contract Rate cannot be more than 85% of that rate, which is $40.75. However, if the County adjusts its posted gate rate in any future year of the term of the WDA, the WDA Contract Rate will be adjusted according to the above calculation formula, including the renewal discount adjustment of $0.82 per ton, up to the maximum of 85% of the newly posted gate rate. If the calculated annual adjustment of any year would exceed the 85%, then the capped maximum amount of 85% will be used. If, however, the posted gate rate does not change, and the WDA Contract Rate is already at the capped 85% amount, the WDA Contract Rate will remain the same for the calculated fiscal year. Any decrease in the calculated adjustment to the Contract Rate, calculated according to the above formula, including the renewal discount adjustment, will be applied to the then WDA Contract Rate.
Please note that, due to timing, in future years where the gate rate is recommended to be increased, the WDA rate notification letter may be delayed until final approval of the gate rate by the Board of Supervisors.
If at any time either the Emplo yment Cost Index or the Producer Price Index is no longer published, or are otherwise unavailable, then the COLA shall be determined by using standard official statistics measuring changes to, respectively, labor costs and cost of materials, as the parties shall mutually agree.
3. Amended Section 5.2 CITY CONVENIENCE TERMINATION. This section is amended in its entirety to read:
SECTION 5.2. CITY CONVENIENCE TERMINATION. In exchange for capping the WDA Contract Rate, the City agrees to commit to remaining a WDA City, with no provision to terminate without cause, for the remainder of the WDA Term.
4. Effective Date. This Amendment shall be effective if and only when all fifteen cities/towns listed on Exhibit A have each adopted and executed a counterpart of this Amendment No. 8 (the amendment number may differ for each city/town listed on Exhibit A) and such amendment has been adopted and executed by the County on or before Ju ne 30, 2022. In all events, the conditions in the forgoing sentence shall occur otherwise this Amendment No. 8 shall be null and void and without any effect whatsoever.
5. This Amendment may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Amendment.
The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Amendment upon request.
6. Except as modified in this Amendment (or in any prior Amendment(s)) all other terms and conditions of the WDA shall remain in full force and effect.
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Attachment 1
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Attachment 1
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers or representatives as of the day and year first above written.
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Jolena Grider, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Director Date Date Date
SAN BERNARDINO COUNTY
City of Hesperia
(Print or type name of corporation, company, contractor, etc.)
By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated:
Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
(Print or Type)
By Dated:
Deputy
Address
9700 Seventh Avenue
Hesperia, CA 92345
Attachment 1
Attachment 1
EXHIBIT A
CITIES/TOWNS WITH A WASTE DELIVERY AGREEMENT
WITH THE COUNTY OF SAN BERNARDINO
OFFERED THIS AMENDMENT JUNE 2022
FOR AN AGREEMENT END DATE OF JUNE 30, 2026
1. ADELANTO
2. APPLE VALLEY
3. BARSTOW
4. BIG BEAR LAKE
5. COLTON
6. FONTANA
7. GRAND TERRACE
8. HESPERIA
9. HIGHLAND
10. LOMA LINDA
11. RIALTO
12. TWENTYNINE PALMS
13. VICTORVILLE
14. YUCAIPA
15. YUCCA VALLEY
222 West Hospitality Lane 2nd Floor, San Bernardino, CA 92415-0017 I Phone: 909.386.8701 Fax: 909.386.8900 � B
Department of Public Works Brendon Biggs, M.S., P.E.
SAN BERNARDINO • Flood Control • Special Districts
Director
COUNTY
• Operations • Sun·cyor Noel Castillo, P.E.
March 22, 2022
Mr. Nils Bentsen
City Manager
City of Hesperia
9700 Seventh Avenue
Hesperia, CA 92345
• Solid Waste l\lanagcment • Transportation Assistant Director Trevor Leja
Assistant Director
SUBJECT: FISCAL YEAR 2022-2023 WASTE DELIVERY AGREEMENT (WDA)
CONTRACT RATE CALCULATION
Dear Mr. Bentsen:
The purpose of this letter is to notify you of the FY 2022-23 Final WDA rate of $43.41 per ton will be effective July 1, 2022 through June 30, 2023, for waste disposal services provided to your city per the WDA agreement with the County of San Bernardino.
The Department of Public Works - Solid Waste Management Division has calculated the Cost of Living Adjustment (COLA) as prescribed in Amended Section 4.2(8) Calculation of Escalation of the amended WDA from June 2016. The calculation (copy attached) results in a $5.41 per ton increase to the current WDA rate, after the WDA Renewal Discount of $0.82 has been applied.
The $43.41 per ton final Contract Rate will be applied to your July 2022 tonnage on your WDA credit accounts that will be billed approximately August 15, 2022. If you have questions about this notice or the rate calculation, please call me at (909) 386-8701 or Michael Hernandez at (909) 387-1871.
Sincerely,
�\.llL-
DARREN J. MEEKA, P.E.
Deputy Director
Attachment: WDA Rate Calculation
cc: Michael Hernandez, Supervising Accountant Ill
Lori Cram, Accountant Ill
BOARD OF SUPERVISORS
},�
COL. PAUL CooK (RET.) JANICE RUTHERFORD DAWN RowE Cuttr HAGMAN JoE BACA, JR. .i�' First District Second District Vice Chair, Third District Chairman, Fourth District Fifth District ';\!.. , .,I'!-_ _.. ' Attachment 2
City of Hesperia
STAFF REPORT
DATE: June 21, 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 17915
RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No. 2022-48 approving Final Tract Map No. 17915 to create 268 Single-family Residential lots on approximately 46 gross acres within the low density residential (LDR) zone of the Main Street and Freeway Corridor Specific Plan located on the north side of Mojave Street and the south side of Valencia Street, 335 feet west of Topaz Avenue (Applicant: NV Hesperia Investors, LLC APN: 0405-052-19 through 21 and 26).
BACKGROUND
On October 21, 2008, the City Council approved Tentative Tract Map No. 17915 to create 268 Single-family Residential lots on approximately 46 gross acres within the low density residential (LDR) zone of the Main Street and Freeway Corridor Specific Plan located on the north side of Mojave Street and the south side of Valencia Street, 335 feet west of Topaz Avenue . Tentative Tract Map No. 1 7915 was subsequently extended by the Cit y and State of California multiple times as shown in Table 1 below making the final expiration date of Tentative Tract Map No. 17915 May 23, 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 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 TTE17-00013 8/10/2017 Administrative City Extension of Time 2
Staff Report to the Mayor and Council Members
Final Tract Map 17915
June 21, 2022
Staff has reviewed Final Tract Map No. 1 7915 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. 2022-48
2. Final Tract Map No. 17915
AB 1561 3/4/2020 Automatically extended all tentative tract maps for 18 months
1.5
RESOLUTION NO. 2022-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPER IA, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 17915 TO CREATE 268 SINGLE-FAMILY RESIDENTIAL LOTS ON APPROXIMATELY 46 GROSS
ACRES WITHIN THE LOW -DENSITY RESIDENTIAL (LDR) ZONE OF THE
MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN LOCATED ON
THE NORTH SIDE OF MOJAVE STREET AND THE SOUTH SIDE OF
VALENCIA STREET, 335 FEET WEST OF TOPAZ AVENUE (APPLICANT: NV HESPERIA INVESTORS, LLC APN: 0405-052-19 THROUGH 21 AND 26)
WHEREAS, on October 21, 2008, the City Council approved Tentative Tract Map No. 17915; and
WHEREAS, Tract Map No. 17915 to create 268 Single-family Residential lots on approximately 46 gross acres within the low density residential (LDR) zone of the Main Street and Freeway Corridor Specific Plan located on the north side of Mojave Street and the south side of Valencia Street, 335 feet west of Topaz Avenue; and
WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.
NOW THEREFORE , BE IT R ESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Section 1. Final Tract Map No. 17915 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 21st day of June 2022.
Brigit Bennington
Mayor
ATTEST:
Erin Baum
Assistant City Clerk
Attachment 2
City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and City Council Members
FROM: Nils Bentsen, City Manager
BY: Melinda Sayre, Director of Government Services/ City Clerk
SUBJECT: Calling November 8, 2022 General Municipal Election
RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No. 2022-50 calling for the holding of the General Municipal Election in districts two (2), three (3), and four (4); and 2022-51 requesting consolidation with the statewide General Municipal Election with the San Bernardino County Registrar of Voters.
BACKGROUND
Under the provisions of th e laws relating to General Law C ities, the City’s General Municipal Election shall be held on November 8, 2022 for the election of one (1) open seat (each) in districts two (2), three (3), and four (4).
Elections Code §10403 allows the City to file a resolution with the County of San Bernardino requesting consolidation of the Municipal Election and all related election services with the County Election Department. Consolidating with the County is an efficient, cost effective way to manage the election process.
On April 5, 2022 , the City Council adopted the new 2020 Census based boundaries for each district in the City. The newly adopted district boundaries have been transmitted to the County of San Bernardino for implementation in the November 8, 2022 election.
ISSUES/ANALYSIS
In accordance with California law regulating General Law Cities, the attached Resolutions are required to conduct the General Municipal Election on November 8, 2022.
1. Resolution No. 2022-50 calling for the holding of the consolidated General Municipal Election to be held on Tuesday, November 8, 2022.
2. Resolution No. 2022-51 requesting the San Bernardino County Board of Supervisors to authorize the Registrar of Voters to consolidate the General Municipal Election with the statewide General Election to be held on November 8, 2022.
Staff Report to the City Council
Calling November 8, 2022 General Municipal Election
June 21, 2022
FISCAL IMPACT
Election expenses have been identified in the proposed Fiscal Year 2022-23 City Manager’s Office budget. Exact election costs will not be known until after the November election.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Resolution No. 2022-50
2. Resolution No. 2022-51
RESOLUTION NO. 2022-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HESPERIA, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 20 22, FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA RELATING
TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 20 22 for the election of Municipal Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursu ant to the requirements of the laws of the State of California relating to Gene ral Law Cities , there is called and ordered to be held in the City of Hesperia, California, on Tuesday, November, 8, 2022, a General Municipal Election for the election of one (1) open seat (each) in districts two (2), three (3), and four (4) of the City Council, for the full term of four years.
Section 2. That the ballots to be used at the election shall be in form and content as required by law.
Section 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 4. That the polls for the election shall be open at seven o’clock a.m . of the day of the election and shall remain open con tinuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242 , except as provided in § 14401 of the Elections Code of the State of California.
Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections including laws or directives signed by the Governor in compliance with COVID-19 guidelines.
Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
Section 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
Section 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
ADOPTED AND APPROVED this 21st day of June 2022.
______________________________
Brigit Bennington, Mayor
ATTEST:
_________________________
Erin Baum, Assistant City Clerk
RESOLUTION NO. 2022-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN BERNARDINO TO RENDER SPECIFIED SERVICES TO THE
CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 PURSUANT TO § 10403 OF
THE ELECTION CODE
WHEREAS, the City Council of the City of Hesperia called a General Municipal Election to be held on Tuesday, November 8, 2022 for the purpose of the election of one (1) open seat (each) in districts two (2), three (3), and four (4) of the City Council, for the full term of four years and;
WHEREAS, it is desirable that the Genera l Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of San Bernardino canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022 for the purpose of the election of one (1) open seat (each) in districts two (2), three (3), and four (4) of the City Council, for the full term of four years.
Section 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
Section 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
Section 4. That the City of Hesperia recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
Section 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department o f the County of San Bernardino, California.
Section 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 21st day of June 2022.
______________________________
Brigit Bennington, Mayor
ATTEST:
__________________________
Erin Baum, Assistant City Clerk
City of Hesperia
STAFF REPORT
DATE: June 7, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager SECOND READING AND ADOPTION BY: Melinda Sayre, Director of Government Services/City Clerk Jacquelyn Castillo, Administrative Analyst
SUBJECT: Amendments to Title 5 of Hesperia Municipal Code - Self-Certification Component of the Rental Housing Business License and Inspection Program and Implementation of a Self-Certification Fee
RECOMMENDED ACTION
It is recommended that the City Council introduce and place on first reading Ordinance No. 2022-08, amending Title 5 of the Hesperia Municipal Code related to the Self-Certification component of the Rental Housing Business License and Inspection Progra m. It is also recommended that the Council adopt Resolution No. 2022-36, to implement a self -certification fee for the Rental Housing Business License and Inspection Program.
BACKGROUND
On January 5, 2021, the City Council approved Ordinance 2020 -14, amending Title 5 of the Hesperia Municipal Code adding Chapter 5.72 creating a Rental Housing Business License and Inspection Program. This program is intended to ensure safe and healthy housing, protects vulnerable tenants, maintains neighborhood property values, and holds landlords accountable for the maintenance of their properties.
ISSUES/ANALYSIS
Rental Housing Compliance
As of May 26, 2022, a total of 2,368 properties have registered for the program, consisting of 2,077 Single Family Residences and 3,027 Multi-Family Units. Staff continues to conduct outreach and identify unregistered rental properties throughout the City to gain compliance with the program.
Rental Housing Inspections
The City achieved a baseline inspection for all new applicants of residential dwelling units to record the current state of rental properties. If code violations were noted, owners were instructed to cure them within reasonable timeframes. As of May 26, 2022, a total of 3,222 rental housing inspections have been performed and over 40% of rental properties passed on first inspection .
Of the nearly 60% of properties that failed on first inspection, approximately 10% of those failed inspections involved serious or hazardous conditions having no or non -functioning carbon monoxide detectors and/or smoke detectors in the residences, improperly strapped water heaters, hazardous electrical issues, dilapidated roofing, and improper occupancy. Less serious violations
Staff Report to the Mayor and Council Members
Rental Housing Business License and Inspection Regulations and Fees June 7, 2022
noted involved inoperative vehicles, trash and debris, water leaks, and broken or obstructed windows.
The inspection process has provided a mechanism for property owners to be accountable for maintaining their properties, while also ensuring that Hesperia renters have access to clean and safe rental properties.
Self-Certification Component for Year Two
Following an initial inspection, property owners who meet eligibility requirement s may be permitted to annually self-certify using a checklist and photographs of the property to demonstrate compliance, without the need for an annual physical inspection by staff. Staff anticipates that around 1,500 properties may qualify for self-certification.
As rental housing business licenses are up for renewal, the self-certification component of the program will commence, and staff recommends revising Title 5 of the Hesperia Municipal Code to specify qualifications to participate in the self -certification program . Staff recommends amending section 5.72.130 Rental Housing Business License Renewal to add the following language:
Owners of well-maintained rental properties that have the following characteristics may apply to participate in the Self-Certification Program: no violations of the Hesperia Municipal Codes and/or California State Building, Housing and Health Safety Codes exist on the property at the time of the initial inspection; no outstanding citations, inspection or abatement fees, special assessment, and liens; and a current rental housing business license. If the application qualifies, the owner shall pay an annual non-refundable self-certification fee and renewal fees which must be paid in full at the time of self -certification and conduct an annual self-inspection of each residential dwelling unit as discussed below. If the City determines that a residential rental dwelling unit is not eligible to participate in the self-certification program, then the owner shall allow the City to conduct an inspection of their residential rental properties for compliance with all applicable codes and the City's housing and property maintenance standards and the ow ner shall be assessed the full annual inspection fees established by resolution of the City Council. For qualifying participants, the owner shall self-certify to the City on an annual basis that all units on each property are maintained in good order, have met all the requirements of this code and any other applicable state or local codes, and shall include photographs of good quality showing the frontage of the property, all side yards, parking areas, common areas, and any other areas that would normally b e inspected as part of the annual maintenance inspection program.
The owner shall certify that the conditions at the property achieve the minimum standards listed on the self-certification program checklist.
Nothing in the self-certification program shall be construed or interpreted as limiting the City’s authority to investigate and compel the abatement of any building, housing, and sanitation codes or ordinance violations.
Any property that participates in the self -certification program may be removed f rom the program at any time if that property fails to meet all of the interior and exterior standards designated on the self -certification program checklist or fails to meet building, housing and sanitation codes or ordinances as defined in this chapter. U pon removal from the program,
Staff Report to the Mayor and Council Members
Rental Housing Business License and Inspection Regulations and Fees June 7, 2022
the difference between the self-certification program fee and full annual program fee shall be due and payable.
The City will take appropriate measures to communicate any changes to the ordinance with affected residents.
Rental Housing Fee Assessment
Staff recommends keeping rental housing business license and inspection fees at the tier one rate, which is comprised of a $75 rental housing fee for single family residences and $50 per unit fee for multi-family residences in conjunction with business license and administrative costs as well as State SB1186 fees. Furthermore, as the program enters its second year, implementation of a self-certification fee is necessary as property owners who meet eligibility requirements can self-certify their properties without physical inspections by the City.
Proposed self-certification fees would fund code enforcement, business licensing and finance staff to monitor the self-certification process, which involves vetting the applicant for eligibility, processing business license renewals, invoicing, reviewing photos, self-certification checklists and affidavits, proactive drive-by exterior inspections, and conducting any necessary follow-ups and correspondence with the property owner by telephone, email, and/or mail. Proposed self- certification fees are $40 for single family residences, and $55 for the first two multi-family units and $10 for each additional unit thereafter. These fees will be charged in conjunction with business license renewal and administrative costs as well as State required SB1186 fees.
FISCAL IMPACT
Adoption of this resolution will allow the City to continue to collect fees that adequately recover costs based on services provided.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Ordinance 2022-08
2. Exhibit “A” – Title 5 – Business Licenses and Regulations Chapter 5.72 Rental Housing Business License and Inspection Program
3. Resolution No. 2022-36
4. Exhibit “A” – City Fee Schedule – Self-Certification Fees (Clean Copy)
5. Exhibit “B” – City Fee Schedule – Self-Certification Fees (Tracked Changes)
ORDINANCE NO. 2022-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING TITLE 5 OF THE HESPERIA MUNCIPA L CODE , CHAPTER 5.72 TO UPDATE THE SELF -CERTIFICATION COMPONE NT OF THE
RENTAL HOUSING BUSINESS LICENSE AND INSPECTION PROGRAM
WHEREAS, the City of Hesperia has the authority and responsibility to protect the public health, safety, and welfare; and
WHEREAS, Title 5 of the Hesperia Municipal code contains regulations related to the registration, re-registration, licensing, inspection and re-inspection of rental properties within the City; and
WHEREAS, on January 5, 2021 the City Council adopted Ordinance No. 2020 -14 related to modifications to Title 5 of the Hesperia Municipal Code adding Chapter 5.72 creating a Rental Housing Business License and Inspection Program; and
WHEREAS, a baseline inspection for newly registered applicants of residential dwelling units was performed to record the current state of rental properties to ensure the health and safety of all residents; and
WHEREAS, property owners may be permitted to self -certify so long as their property meets eligibility requirements; and
WHEREAS, modifications to the program are necessary to specify eligibility requirements for participating in the self-certification program; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE HESPERIA CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1. All of the facts set forth in the forgoing recitals are true, correct and are adopted as findings.
Section 2. Title 5, Chapter 5.72 of the Hesperia Municipal Code is hereby amended as set forth in Exhibit “A”, attached hereto.
Section 3. This Ordinance shall take effect on July 7, 2022.
Section 4. The City Council of the City of Hesperia hereby declares that should any provision, section, paragraph, sentence, or word of this Ordinance hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by any reason of any pree mptive legislation, the remaining provisions, sections, paragraphs, sentences, and words shall remain in full force and effect.
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 93-78.
Ordinance No. 2022-08
01071.0011/473404.2
ADOPTED AND APPROVED this 7th day of June, 2022.
Brigit Bennington, Mayor
ATTEST
Melinda Sayre, City Clerk
Exhibit A - Title 5 - BUSINESS LICENSES AND REGULATIONS Chapter 5.72 RENTAL HOUSING BUSINESS LICENSE AND INSPECTION PROGRAM
Hesperia, California, Code of Ordinances Created: 2021-12-10 12:42:32 [EST] (Supp. No. 20, Update 1)
Chapter 5.72 RENTAL HOUSING BUSINESS LICENSE AND INSPECTION PROGRAM
5.72.010 Title.
This chapter shall be known as the rental housing business license program of the City of Hesperia, may be cited as such, and will be referred to herein as "this chapter." ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72-020 Purpose.
It is the purpose of this chapter to implement a rental housing business license program to provide a stable, more satisfied tenant base; increase demand for rental units with a reputation for active managemen t; lower maintenance and repair costs; increase property values, and improve the personal safety for tenants, landlords, and managers.
It is also the purpose of this chapter to identify the existence of substandard and unsanitary residential rental properties and rental units and to cause the owner thereof to cure such defects. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.030 Scope.
A. The provisions of this chapter shall apply to all residential rental properties in the City of Hesperia as defined by this code, and all accessory uses thereon, including parking lots, driveways, landscaping, accessory structures, fences, walls, interior and exterior common areas, swimming pools, hot tubs, and spas. This chapter shall not apply to:
1. Housing accommodations in hotels, motels, inns, or tourist homes. This exception does not apply to single room occupancy hotels or hotels in which more than fifty-one (51) percent of the rooms are offered for habitation for a duration of longer than thirty (30) consecutive days.
2. Housing accommodations in any hospital; convent, monastery, or other facility occupied exclusively by members of a religious order; extended medical care facility; asylum; on-campus fraternity or sorority houses; or on-campus housing accommodations owned, operated or managed by an institution of higher education, a high school, or an elementary school of occupancy by its students.
3. Mobile homes, or mobile home parks, or recreational vehicles as defined in Section 799.24 of the California Civil Code, or recreational vehicle parks.
4. Single family homes, which are owner-occupied and in which a single room is rented to a single person.
5. Accessory Dwelling Units which are part of a single family residence occupied by the owner.
B. The provisions of this chapter are supplementary and complementary to this code. Nothing in this chapter may be construed to: (i) excuse or modify any requirement or obligation in the Code or in any other laws or regulations, (ii) waive, limit or modify any prohibition thereof, or, (iii) limit any existing right of the city to abate nuisances or to enforce any provisions of applicable law, statute, or this code, in any manner allowed by law.
( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
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5.72.040 Fair housing.
Rental housing operators shall comply with federal fair housing laws and grant persons with disabilities the ability to make reasonable accommodation requests for equal opportunity use and enjoyment of a dwelling. The rental housing operator shall not refuse residency to persons with disabilities, or place conditions on their residency, on the basis of those persons requiring reasonable accommodation. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.050 Rental housing business license required.
Any person(s) intending to rent for any monetary or service in-kind any residential property as defined by this code shall register and obtain a rental housing business license within sixty (60) days of acquiring the property or within sixty (60) days of the adopted date of this code. That the property or portions of the property or any unit may be vacant from time to time shall have no bearing on the requirement to register or maintain registration.
Registration shall be completed annually.
( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.060 Sale of Rental Property.
1. Should the owner intend to sell any residential rental property, and during the process of sale, the registration for the rental property is due, the owner shall pay the registration fees and allow for the inspection if required. Should the sale occur, and the owner can provide factual proof of the sale of the property, a prorated refund of the rental registration business license fees shall be issued after a request in writing from the owner. Inspection fees are not refundable, if an inspection has taken p lace. i. The new owners of the residential property may prove to the city that they intend to use the dwelling as their primary dwelling in a form approved by the director, and shall be exempt from the program after approval of the property for removal from the program. Any future use of the dwelling as a rental property requires registration and inspection.
ii. If the new owners intend to use the property as rental property, they shall register and pay all fees and allow for an inspection of the property.
2. Apartments and duplexes shall not be eligible for Section 5.72.060.1(i). ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.070 Registration Requirements
A. Each owner or operator, on behalf of the owner, shall submit an application for a rental housing business license on a form provided by the director. Applications shall be subject to verification by the director. Any person who makes a false statement in the application shall be guilty of a misdemeanor.
1. Contents of Application. The application shall contain or be accompanied by the following information:
a. The type of ownership of the proposed residential rental property, i.e., whether by individual, partnership, corporation, or otherwise;
b. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation and the names and residence addresses of each of its current officers and directors, and each stockholder holding more than five percent of the stock of that
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corporation. If one or more of the officers, directors, or stockholders is a corporation, the provisions of this section pertaining to a corporate applicant shall apply; c. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply; d. If the applicant is a limited liability company, the application shall set forth the name of the company exactly as shown in its articles of organization or operating agreement, together with the names and residence addresses of each of its officers, directors, and each member along with a description of the relative interests of each member. If one or more of the officers, directors, or members is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;
e. If the applicant is the operator, then the application shall set forth or attach the information required by subsections (A)(1)(b) through (A)(1)(d) of this section with respect to the owner and shall be accompanied by evidence satisfactory to the director that the operator is authorized by the owner to submit the application;
f. The address of the residential rental property;
g. The name, address and telephone number for the operator or designated responsible person for the premises and any other person designated to be contacted in the event of emergency at the premises;
i. Authorization for the city, its employees and agents to seek information and conduct an investigation, including, but not limited to, a criminal background check, to verify the information contained within the application;
j. Authorization for the city, its employees and agents to inspect the property in accordance with this chapter;
k. Any application for a rental housing business license shall also accompany proof of current registration in the Hesperia Crime Free Housing Program as prescribed in Chapter 8.20 of this Code.
l. Such other identification and information as the director may require in order to discover the truth of the matters herein specified and as required to be set forth in the application. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.080 Rental housing business license.
A. A rental housing business license shall be issued for all residential rental units only upon completion of the following:
1. All fees have been paid in full, including any inspection or re-inspection fees.
2. The residential rental unit(s) and property has been fully inspected and approved by the director as required by this code, if required.
3. Any existing violations have been corrected and/or repaired with all required permits, approvals and inspections.
4. A properly completed and accepted self-certification for renewal of the business license has been received and approved.
5. A property with more than one set of duplexes shall comply with [Section] 5.72.110(6).
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B. Issuance of a rental housing business license shall not constitute a guarantee or warranty of the habitability or complete compliance with the city's housing and property maintenance standards or with the applicable codes, and the occupant of any residential rental unit shall not rely on the issuance of a business license as such a guarantee or warranty. The license shall contain a notice to this effect. The city shall not assume any liability to any person by reason of the inspections required by this chapter or the issuance of a rental housing business license. Rental Registration business licenses shall expire on the expiration date sh own on the certificate and shall be renewed prior to the expiration date. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.090 Rental housing business license fee.
A. The application for a rental housing business license including any renewal shall be accompanied by a nonrefundable fee in an amount established by a resolution of the city council.
B. The rental housing business license fee shall be for the license year and each applicant must pay the full fee for the license year upon submission of the application for the rental housing business license.
C. A separate residential rental inspection fee in the amount established by resolution of the city council shall be paid with the application at the same time as the license fee.
D. Penalty.
1. Failure to Pay Fee. Failure to pay all required fees shall be considered a public nuisance.
2. Failure to Obtain License. Failure to obtain a license shall be considered a public nuisance. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.100 Crime Free Program.
A. Hesperia's Crime Free Program was receded and made voluntary with the exception of registering the property. Any person(s) renting or intending to rent residential property within the City of Hesperia shall also register the property in the Crime Free Rental Housing Program as required by Chapter 8.20 of this code.
Failure to maintain both a rental housing business license and compliance with Chapter 8.20 shall constitute a public nuisance and grounds for withholding of the issuance of a rental business license. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.110 Maintenance requirements.
All rental properties within the city shall be maintained with a standard of maintenance including, but not limited to:
1. Property is maintained and kept in a neat, habitable condition, including the absence of trash and debris as defined by this code.
2. All trash receptacles are emptied on a basis frequent enough to prevent spillage and a contract for disposal is maintained with the city's franchise waste hauler. Trash receptacles and enclosures are maintained and free of defects.
3. Graffiti, broken windows, fencing, and any other broken or unmaintained property component is repaired within seventy-two (72) hours of notification to the owner or agent.
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4. Parking areas are maintained and adequate parking is provided to discourage street parking or off - property parking.
5. Common areas are maintained in a clean manner and residents are informed of rules designed to maintain the reasonable enjoyment of the property by all residents.
6. Residential rental properties with four or more residential rental units shall have a sign showing the owner or management company name, address, and phone number posted in the on -site manager unit or management office, if any, which shall be identified by a notice at the front entrance to the property and shall be posted in a manner approved by the director.
7. Landscape is maintained, is not dead, and is kept in a neat, orderly manner to add to the enjoyment and aesthetics of the property, including the proper care and trimming of any trees or bushes on the property. The removal of landscape without replacement is not considered maintenance.
8. Pools, spas and hot tubs are maintained pursuant to requirements of the San Bernardino County Department of Public Health.
9. Play yards, playgrounds, and other amenities are maintained and free from trash, debris, and broken components.
10. Mechanical components, including but not limited to, heating, screening, water and sewer or septic tank maintenance or service, and other required components is kept in working order.
11. Sidewalks and walking paths are maintained and are in good repair. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.120 Crime Prevention through Environmental Design (CPTED) Requirements.
1. All newly constructed rental properties shall incorporate CPTED design into the plan for development as required by the city.
2. Any rental property deemed by the city to perpetuate criminal activity, receive an inordinate number of calls for service, or present a threat to public health and safety may be required to submit a revised site plan and incorporate elements of CPTED modifications to their property for the purpose of creating a safe environment, identifying criminal activity or persons perpetuating criminal activity and lowering the likelihood of continuing criminal activity at the property. The cost for review of the plan and all modifications shall be the responsibility of the owner.
3. Failure to incorporate CPTED design if required, or modify the property as directed by the city is considered a public nuisance and may result in abatement measures as allowable by law.
4. All new multi-family construction with more than eight units will be required to install a recorded video surveillance system for the complex. The system data will be maintained for at least one month. The cameras must cover common areas, parking areas as well as vehicles entering and exiting the complex. Cameras should not cover or view areas that would be considered private such as inside individual units. The data and video are the sole property of the owners or operators. If law enforcement needs acce ss to the video, the city highly encourages the owners or operators to assist. Existing multi-family complexes with more than eight will have two years to install and operate the same system described in this section. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
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5.72.130 Rental Housing Business License Renewal.
A. Renewal of rental housing business licenses shall include at a minimum:
1. Payment of all fees.
2. A completed and approved inspection if required by this chapter.
3. A completed and accepted self-certification.
4. Update of any information, including ownership, partnership, change in board of directors or mailing address of owner.
5. Update of any property manager or agent information.
6. Proof that the updated property manager information has been posted at the property as required by this chapter.
B. Residential rental properties found to be kept in a substandard condition, receive a complaint of lack of maintenance, which are not properly self-certified, or which receive a disproportionate number of calls for service shall be subject to an inspection.
C. Self-Certification.
1. Annually, at the time of the rental housing business license renewal, each owner or agent shall complete a renewal form in a form approved by the director, and supply to the city updated contact information for all owners, and agents, and managers, as defined by this chapter.
2. Owners of well-maintained rental properties that have the following characteristics may apply to participate in the Self-Certification Program: no violations of the Hesperia Municipal Codes and/or California State Building, Housing and Health Safety Codes exist on the property at the time of the initial inspection; no outstanding citations, inspection or abatement fees, special assessment, and liens; and a current rental housing business license.
3. Upon receipt of the request to participate in the self-certification program, the city shall determine if the residential rental dwelling units have not had any code violations over the past year. If the application qualifies, the owner shall pay an annual non-refundable self-certification fee and renewal fees which must be paid in full at the time of self-certification and conduct an annual self-inspection of each residential dwelling unit as discussed below.
4. If the city determines that a residential rental dwelling unit is not eligible to participate in the self - certification program, then the owner shall allow the city to conduct an inspection of their residential rental properties for compliance with all applicable codes and the city's housing and property maintenance standards and the owner shall be assessed the full annual inspection fees established by resolution of the city council.
5. For qualifying participants, the owner shall self-certify to the city on an annual basis that all units on each property are maintained in good order, have met all the requirements of this code and any other applicable state or local codes, and shall include photographs of good quality showing the frontage of the property, all side yards, parking areas, common areas, and any other areas that would normally b e inspected as part of the annual maintenance inspection program. The photographs shall be taken during daylight hours, be time and date stamped and shall show all areas in context with enough physical landmarks to prove that the property is the property i n question and eligible for renewal. The owner shall certify that the conditions at the property achieve the minimum standards listed on the self-certification program checklist.
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6. Should the city review the self-certification and find deficiencies in quality of the photos, information provided or any other material fact, or deem the property to be a public nuisance, or not maintained according to the requirements of this code, the city shall, at its sole discretion, contact the owner or agent for more information, or perform an inspection of the property to confirm that the property is in compliance with all requirements of this chapter.
7. The city may request additional photographs or information at their sole discretion in order to properly self-certify the property.
8. Nothing in the self-certification program shall be construed or interpreted as limiting the city’s authority to investigate and compel the abatement of any building, housing, and sanitation codes or ordinance violations.
9. Any property that participates in the self-certification program may be removed from the program at any time if that property fails to meet all of the interior and exterior standards designated on the self- certification program checklist or fails to meet building, housing and sanitation codes or ordinances as defined in this chapter. Upon removal from the program, the difference between the self-certification program fee and full annual program fee shall be due and payable.
10. Any inspection performed by the city shall be paid for in full by the owner prior to issuance of a renewal license.
( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.140 Inspections.
A. Owners shall allow the city to conduct an inspection of their residential rental properties for compliance with all applicable codes and the city's housing and property maintenance standards. The director, in his or her discretion, may include inspections by other city departments including, but not limited to, fire, building and safety, code enforcement or public health.
B. Upon completion of the inspection, if no violations are identified, the director shall proceed with the issuance of a rental housing business license. If one or more violations are identified, then the director shall issue a notice of correction to the owner describing the violation and setting forth a time within which such violations shall be corrected. The owner shall pay a re-inspection fee in an amount established by resolution of the city council for each re-inspection following the issuance of notice of correction. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.150 Interior Inspections.
A. In accordance with this intent of this chapter, should the city determine that a property presents a public health risk, is improperly maintained, or has significant health and safety issues, the city may inspect the interior of any unit of the rental property, any interior common area or any other part of the property, and the owner shall fully cooperate in the process of gaining rightful access to the unit or property common area to facilitate the city's inspection.
B. The owner or agent shall accompany the city during the inspection and receive copies of all formal reports of violations.
C. Violations found during interior inspections shall be corrected in accordance with the notice by the city. Any permits, fees or costs required to abate violations and bring the property into compliance shall be the sole responsibility of the owner.
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( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.160 Complaints and violations.
Upon receipt of a complaint of violations of the housing and property maintenance standards, the code enforcement officer shall inspect the pertinent unit(s) and/or area(s) of the residential rental property. All violations shall be fully corrected with all city required permits, approvals and inspections and re -inspected within the time specified on the notice of the code enforcement officer in order to maintain a current Rental Registration Business License for a residential rental property.
Non-compliance with a notice to correct violations existing at the rental property shall constitute a public nuisance.
( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.170 Certificate of rental inspection compliance—Effect on remedies.
A. This chapter is not intended to, and shall not be construed to limit, in any way, the remedies available to the city to prosecute persons for violations of law or to abate public nuisances ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.180 Enforcement and penalties.
If, after notification of a violation, a property owner fails to correct a violation within the time allowed, the city may seek code compliance by any remedy allowed under this code or any other remedy allowed by law. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.190 Public nuisance.
Any residential rental property operated, conducted, or maintained contrary to the provisions, requirements, and regulations of the code shall be, and the same is declared to be harmful to the public health and safety, unlawful and a public nuisance.
( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
5.72.200 Conflicts.
If the provisions, requirements, or regulations of this chapter conflict with or contravene any other provision, requirement, or regulation of the code, the provisions, requirements, or regulations of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter. ( Ord. No. 2020-14 , § 2(Exh. A), 1-19-21)
RESOLUTION NO. 2022-36
A RESOL UTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, APPROVING THE IMPLEMENTATION OF A SELF-
CERTIFICATION FEE FOR THE RENTAL HOUSING BUSINESS LICENSE AND
INSPECTION PROGRAM
WHEREAS, Pursuant to Article XIII B of the California Constitution, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably borne from fees and charges for services rendered; and
WHEREAS, the City Council heard and took action on Ordinance No. 2020 -14, adding Chapter
5.72 creating a Rental Housing Business License and Inspection Program; and
WHEREAS, Ordinance 2022-08 Amends Title 5 of the Hesperia Municipal Code, Chapter 5.72 updating t he self-certification component of the Rental Housing Business License and Inspection Program to specify eligibility requirements to self-certify; and
WHEREAS, Title 5 of the Hesperia Municipal Code, Chapter 5.72 authorizes the City Council to establish rental housing fees; and
WHEREAS, the City Council desires to fully recover the costs of processing rental housing business license and inspection application renewals for properties found to be eligible for self - certification; and
WHEREAS, the adoption of a self-certification fee will allow for cost recovery and create a reduced fee for those property owners with well-maintained properties.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AS FOLLOWS:
Section 1. In all respects, the facts as set forth in this resolution are true and correct.
Section 2. The fees and charges set forth in Exhibit “ A” are hereby adopted and shall be applied to the specified services. The effective date of this resolution shall be August 7, 2022.
Section 3. All fees described are for each identified process and additional fees shall be required for each additional process or service required.
Section 4. Interpretation of this resolution may be made by the City Manager or designee.
When there are conflicts between fees, the lower fee shall be applied.
Section 5. If any section, sub -section, sentence, clause, or word in the resolution is held to be invalid by decision of any court of competent jurisdiction or action of State legislation, such decision or legislation shall not affect the validity of the remaining portions of this resolution.
Section 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Resolution No. 2022-36
ADOPTED AND APPROVED this 7th day of June 2022.
______________________________
Brigit Bennington, Mayor
ATTEST:
____________________________
Melinda Sayre, City Clerk
Exhibit A – City Fee Schedule
18) Rental Housing Business License
E Self-Certification Fee for Single Family Residences $40 + Current Business License
Renewal Fees
F Self-Certification for Multi-Family Residences $55 for the first 2 units and $10 for
each additional unit
thereafter + Current
Business License
Renewal Fees
Exhibit B – City Fee Schedule
18) Rental Housing Business License
E Self-Certification Fee for Single Family Residences $40 + Current Business License
Renewal Fees
F Self-Certification for Multi-Family Residences $55 for the first 2 units and $10 for
each additional unit
thereafter + Current
Business License
Renewal Fees
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City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Heather Beardsley, Administrative Analyst
SUBJECT: Amendments to Title 14 of Hesperia Municipal Code related to billing and collection procedures for water service
RECOMMENDED ACTION
It is recommended that the City Council and Board of Directors of the Hesperia Water District introduce and place on first reading Ordinance No. 2022-07 amending Title 14 of the Hesperia Municipal Code related to billing and collection procedures for water service.
BACKGROUND
Section 14.02.080 of the Hesperia Municipal Code (HMC) establishes the guidelines and procedures for billing and collection methods . Section 14.02.080(O) establishes the procedure for the placement of liens on real properties for delinquent fees, fines, and charges accrued for delinquent water services. In addition to establish ing liens on properties, unpaid liens are pursuant to subsequent collection via the San Bernardino County property tax rolls.
Hesperia Municipal Code (HMC) Section 14.02.080(O) authorizes the use of the special assessment to collect on liens placed on properties which remain unpaid by the end of the fiscal year. Property liens are only assessed after the property owner, or responsible person, has failed to pay their water bill by its due date and failed to comply with a Past Due Notice.
On July 5 th, 20 11, the City Council approved Ordinance 2011-06 adopting new policies and procedures for the Hesperia Water District. Ordinance 2011-06 outlined an administrative fee schedule for the Hesperia Water District and specified procedures to collect unpaid fines or fees as a result of water service provided by the District.
ISSUES/ANALYSIS
Currently, Section 14.02.080 of the Hesperia Municipal Code requires the District to notify the parties liable for payment of the delinquent charges, the intent to establish a lien against all real property in San Bernardino County and/or in any other county in the state of California by mail. If the charges remain unpaid for ten days or more after the notice has been deposited in the mail, the general manager shall prepare a certificate of charges to present to the Board bef ore the recordation of the lien.
However, Section 1.12.370 of the Hesperia Municipal Code , also related to establishing liens, does not require the City to present to the Board prior to recordation of a property lien. The amendment to Title 14, Chapter 1 4.02.080 will modify the procedure of establishing liens to be
Staff Report to the Mayor and City Council
Amendments to Title 14 of Hesperia Municipal Code
June 21, 2022
similar to the procedure found in Chapter 1.12, Section 1.12.370 by removing the step of presenting each lien to the Board before recordation. A public hearing and Board approval are not required for the District to record a lien for delinquent water charges. This change will allow the procedure of the recordation of liens to be simplified and better serve the District as an alternative to disconnections for non-payment.
FISCAL IMPACT
There is no fiscal impact associated with this item.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Ordinance 2022-07
2. Exhibit “A” – Chapter 14.02.080 – Amended Track Changes Copy
3. Exhibit “B” – Chapter 14.02.080 – Amended Clean Copy
ORDINANCE NO. 2022-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HESPERIA, CALIFORNIA AND THE BOARD OF DIRECTORS OF
THE HESPERIA WATER DITRICT , AMENDING TITLE 14 OF THE
HESPERIA MUNICIPAL CODE RELATED TO BILLING AND
COLLECTION PROCEDURES FOR THE HESPERIA WATER
DISTRICT
WHEREAS, in 1990, the Hesperia Water District (“District”) was established as a subsidiary district of the City of Hesperia (“City”); and
WHEREAS, the District is charged with the control of the water system of the City for the purpose of obtaining, conserving and disposing of water for public and private uses; and
WHEREAS, Title 14, Chapter 14.02, of the Hesperia Municipal Code regulates the City’s water and wastewater systems, and all things necessary or incidental to such systems, including but not limited to, the authority to set fees for service, billing procedures, and disconnection steps for nonpayment; and
WHEREAS, the Water District proposes to amend Section 14.02.080 of the Hesperia Water Code to update the procedures for collection of unpaid delinquent fees from responsible parties.
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. Title 14, Section 14.02.080 of the Hesperia Municipal Code is hereby amended as set forth in Exhibit “A”, attached hereto.
Section 3. Title 14, Section 14.02.080 of the Hesperia Municipal Code is hereby amended as set forth in Exhibit “B”, attached hereto.
Section 4. This Ordinance shall take effect thirty on July 1, 2022.
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 21st day of June 2022.
______________________________
Brigit Bennington, Mayor
ATTEST:
______________________________
Erin Baum, Assistant City Clerk
Created: 2022‐04‐18 20:08:16 [EST]
(Supp. No. 20, Update 3)
of 4
14.02.080 Billing and collection procedures.
A. Billing Period. The billing period shall be at the option of the district.
B. Meter Reading. Meters shall be read as nearly as possible on the same date of each corresponding month by one of the following methods:
1. Actual ‐ Consumption of water based upon a meter read.
2. Estimated ‐ Consumption may be estimated when the meter is found to be no n‐registering, damaged, inaccessible, stolen, or when an actual read is unavailable. Such estimates shall be made from previous consumption for a comparable period or by such other method as may be determined by the district, said decision of the district is to be final.
C. Open
ing and Closing Bills. Opening and closing bills for less than the normal billing period shall be prorated as to minimum charges.
D. Deposits.
1. New Customer. If an applicant does not have a previous minimum one year record of having at all times paid his water/sewer bills or other fe es when due to the district, during a period ending within the preceding eighteen (18) months of the date of application for service, then the district shall require said applicant to make a deposit as a condition of rendering water service. Such deposit shall be as determined by policy or othe
r action established by the district.
2. Return of Deposit. A guarantee deposit with the water district made by an applicant whose account has not been in arrears or any violations at any time during twelve (12) consecutive months, after which said deposit shall be applied as an offset without in terest or upon termination of service.
3. Use of Deposit. Subsequent to termination of service, the amount remaining unpaid for water/sewer service or any applicable fees may be retained by the district as an offset from the deposit.
4. Disconnected for Non‐Payment. District policy requires a guarantee depo sit if a customer has been disconnected for non‐payment and does not have a guarantee deposit at the time of disconnection. In addition, a customer with a deposit that is insufficient to cover the amount of a delinquent bill shall be charged an additional deposit sufficient to cover the differe nce for security. These required deposits shall be paid in full, along with all other necessary fees, before the service shall be reconnected. Said guarantee deposit will be not less than the minimum deposit as established by the district.
E. Billing Charges.
1. Service Charge. There shall be a fixed service charge for wa ter service connections, construction meters, and private fire protection service to cover the district's expense to monitor and maintain the use of said meter. This charge shall be subject to change by action of the board as deemed necessary.
2. Sewer Charge. There shall be a fixed sewer charg e for all service connections to the sewer system to cover the district's expense. This charge shall be subject to change by action of the board as deemed necessary.
3. Consumption Charge. There shall be a charge for actual or estimated water usage; this charge is subject to change by act ion of the board as deemed necessary.
4. Other fees. Other fees may be applicable as set forth in the fee schedule.
F. Payment. Water and sewer service bills shall be due and payable in accordance with the policy adopted by city council resolution.
G. Termination of Service.
Exhibit A
Created: 2022‐04‐18 20:08:16 [EST]
(Supp. No. 20, Update 3)
1. Customer Request. Customers desiring to terminate service should notify the district at least two business days prior to vacating the premises. Unless termination of service is requested, the customer shall be liable for charges whether or not any water is used.
2. Termination of Service Due to Non‐Payment. Service shall be terminated fo r non‐payment of bills in accordance with the policy established and adopted by resolution of the city council. Any amount due shall be deemed a debt to the district until paid in full.
H. Delinquencies. Accounts not paid on or before the due date on the bill will be subje ct to such fees as identified in the city's adopted fee schedule.
1. Disconnected for non‐payment. A meter disconnected for non‐payment of bills shall not be reconnected, unlocked or turned on until all unpaid bills, applicable fees, and deposits have been paid to the district.
I. Responsibility. Failure to re ceive a bill, phone call, door tag, or any other attempt of contact by the district does not relieve a customer of liability. Any amount due shall be deemed a debt to the district, and any person, firm or corporation failing, neglecting or refusing to pay said indebtedness shall be liable to an action in the name of the district in any co
urt of competent jurisdiction for the amount thereof.
J. Water Used without Application. A person using water from a service connection without having made prior application to the district for water/sewer service shall be held liable fo r the service charges, consumption charges, and all other fees for water delivered from the date of the last recorded meter reading, and if the meter is found inoperative, the district will estimate the quantity consumed. Until proper application for water service is made and any accumulated bills for service are pai d, the service shall be disconnected by the district without notice.
K. Non‐Compliance. The district may, unless otherwise provided, disconnect water/sewer service to a customer for non‐compliance with this chapter or any other resolution, ordinance, or regulation related to water/sewer service if the customer fails to comply with them within te n days from written notice from the district informing of the intention to disconnect service. If such non‐compliance affects emergency matters of health and safety, and conditions warrant, the district may disconnect water/sewer service immediately, with or without prior notice.
L. Service Refused or Disconnected. Service may be refuse d or disconnected without prior notice for the following reasons:
1. Where apparatus or appliances are in use which might endanger or disturb the service to other customers;
2. Where there exists a cross connection in violation of state or federal laws;
3. For non‐compliance with this chapter or any other resolution, or dinance or regulation relating to the water/sewer service;
4. To protect the district against fraud or abuse.
M. Turn On/Turn Off. No charge shall be made for a turn‐on or turn‐off of water/sewer service at the meter, either for emergency purposes, or at the request of the current cu stomer. The district shall, upon request day or night, without charge, shut off the supply of water for emergency purposes at the curb stop. If a customer makes multiple requests to turn‐on water when having previously been attempted but water was found to be flowing, the district shall re quire payment of all costs reasonably borne.
N. Liability/Inspection of Premises. The district does not assume liability for inspecting any apparatus on the premises of the customer. However, the district does reserve the right of inspection if there is reason to believe that unsafe apparatus is being used.
Created: 2022‐04‐18 20:08:16 [EST]
(Supp. No. 20, Update 3)
O. Delinquencies; Collection from Customer and Property Owner. The customer and property owner shall be jointly and severally liable for all charges that may be imposed under this chapter, including but not limited to charges for tampering as described in Section 14.02.060, and all charges for water service, sewer service and water usa ge as described in Sections 14.02.070 and 080, including any delinquent charges.
1. Authority and Effect. The district may secure the payment of delinquent charges for water services by establishing a lien against all property located within the state of California which is owned by the person who is liable for th e payment of such charges.
2. Delinquency Defined. Water/sewer bills shall be deemed delinquent on the date the bill is issued.
Delinquent charges for water/sewer services are imposed on those accounts which remain unpaid after twenty (20) days from the bill date.
3. Notice to Lienee. Prior to establishing any lien pu rsuant to this section, the general manager shall notify the person who is liable for the payment of the delinquent charges that the delinquency exists and that the district may establish a lien against all real property in San Bernardino County and/or in any other county in the state of California, which such pe rson currently owns or which such person might afterwards acquire during the effective period of the lien. Such notice shall be in writing and shall be served upon the prospective lienee by deposit in the United States Mail.
4. Procedure. In all cases where charges for water services remain un paid for ten days or more after the notice specified in subsection 3 of this section has been deposited in the mail, the general manager, or such other person who may be directed to do so by the board, shall prepare a certificate of charges due for presentation to the board and shall inform the board, before the recordation of a lien pursuant to subsection 5 of this section, of the lien based upon said certificate of charges due, stating the amount thereofof the lien, the name and address of the licensee, and the location of the real property associated with the delinquency and shall obtain the approval of the board to so record. Thereafter, the general manager shall file for record the certificate of charges due in the office of the county recorder of the county of San Bernardino and in the office of the county recorder of any other county in the state of California in which there is reason to believe that there is real propert y owned by the person who is liable for the payment of the delinquent charges.
5. Contents of Certificate. Each certificate filed pursuant to subsection 4 of this section shall be executed under penalty of perjury and shall certify the amount of unpaid charges including any penalty, the name and ad dress of the person who is liable therefor and the fact that the district is entitled to payment thereof.
6. Release of Lien. Liens recorded pursuant to subsection 4 of this section shall be released upon full satisfaction thereof.
7. Collection on Tax Roll. In addition to establishing a lien pur suant to subsections 1 through 6 of this section, delinquent and unpaid charges for services may be collected on the tax roll pursuant to the procedures set forth herein, or any other applicable procedures under state law. A statement of those delinquent and unpaid charges for water and other services that remai n delinquent and unpaid for sixty (60) days or more on July 1st, or on such other date as determined by the district, shall be furnished to the county in accordance with applicable county requirements. The amount of any such delinquent and unpaid charges shall be added to and be come a part of the annual taxes next levied upon the property upon which the water or other services for which the charges are unpaid was used and upon the property subject to the charges for any other district services, and shall constitute a lien on that property as of the same time and in the same manner as does the tax lien secur ing such annual taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such charges, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide pur
chaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such
Created: 2022‐04‐18 20:08:16 [EST]
(Supp. No. 20, Update 3)
taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent and unpaid charges relating to such property shall be transferred to the unsecured roll for collection.
(Ord. No. 2011‐06, § 4(Exh. A), 7‐19‐11; Ord. No. 20 20 ‐02 , §§ 2—5, 1‐21‐20)
Created: 2022‐04‐18 20:08:16 [EST]
(Supp. No. 20, Update 3)
of 4
14.02.080 Billing and collection procedures.
A. Billing Period. The billing period shall be at the option of the district.
B. Meter Reading. Meters shall be read as nearly as possible on the same date of each corresponding month by one of the following methods:
1. Actual ‐ Consumption of water based upon a meter read.
2. Estimated ‐ Consumption may be estimated when the meter is found to be no n‐registering, damaged, inaccessible, stolen, or when an actual read is unavailable. Such estimates shall be made from previous consumption for a comparable period or by such other method as may be determined by the district, said decision of the district is to be final.
C. Open
ing and Closing Bills. Opening and closing bills for less than the normal billing period shall be prorated as to minimum charges.
D. Deposits.
1. New Customer. If an applicant does not have a previous minimum one year record of having at all times paid his water/sewer bills or other fe es when due to the district, during a period ending within the preceding eighteen (18) months of the date of application for service, then the district shall require said applicant to make a deposit as a condition of rendering water service. Such deposit shall be as determined by policy or othe
r action established by the district.
2. Return of Deposit. A guarantee deposit with the water district made by an applicant whose account has not been in arrears or any violations at any time during twelve (12) consecutive months, after which said deposit shall be applied as an offset without in terest or upon termination of service.
3. Use of Deposit. Subsequent to termination of service, the amount remaining unpaid for water/sewer service or any applicable fees may be retained by the district as an offset from the deposit.
4. Disconnected for Non‐Payment. District policy requires a guarantee depo sit if a customer has been disconnected for non‐payment and does not have a guarantee deposit at the time of disconnection. In addition, a customer with a deposit that is insufficient to cover the amount of a delinquent bill shall be charged an additional deposit sufficient to cover the differe nce for security. These required deposits shall be paid in full, along with all other necessary fees, before the service shall be reconnected. Said guarantee deposit will be not less than the minimum deposit as established by the district.
E. Billing Charges.
1. Service Charge. There shall be a fixed service charge for wa ter service connections, construction meters, and private fire protection service to cover the district's expense to monitor and maintain the use of said meter. This charge shall be subject to change by action of the board as deemed necessary.
2. Sewer Charge. There shall be a fixed sewer charg e for all service connections to the sewer system to cover the district's expense. This charge shall be subject to change by action of the board as deemed necessary.
3. Consumption Charge. There shall be a charge for actual or estimated water usage; this charge is subject to change by act ion of the board as deemed necessary.
4. Other fees. Other fees may be applicable as set forth in the fee schedule.
F. Payment. Water and sewer service bills shall be due and payable in accordance with the policy adopted by city council resolution.
Exhibit B
Created: 2022‐04‐18 20:08:16 [EST]
(Supp. No. 20, Update 3)
G. Termination of Service.
1. Customer Request. Customers desiring to terminate service should notify the district at least two business days prior to vacating the premises. Unless termination of service is requested, the customer shall be liable for charges whether or not any water is used.
2. Termination of Service Due to Non‐Payment. Service shall be terminated fo r non‐payment of bills in accordance with the policy established and adopted by resolution of the city council. Any amount due shall be deemed a debt to the district until paid in full.
H. Delinquencies. Accounts not paid on or before the due da te on the bill will be subject to such fees as identified in the city's adopted fee schedule.
1. Disconnected for non‐payment. A meter disconnected for non‐payment of bills shall not be reconnected, unlocked or turned on until all unpaid bills, applicable fees, and deposits have been paid to the district.
I. Responsibility. Failure to re
ceive a bill, phone call, door tag, or any other attempt of contact by the district does not relieve a customer of liability. Any amount due shall be deemed a debt to the district, and any person, firm or corporation failing, neglecting or refusing to pa y said indebtedness shall be liable to an action in the name of the district in any court of competent jurisdiction for the amount thereof.
J. Water Used without Application. A person using water from a service connection without having made prior application to the district for water/sewer service shall be held liable fo r the service charges, consumption charges, and all other fees for water delivered from the date of the last recorded meter reading, and if the meter is found inoperative, the district will estimate the quantity consumed. Until proper application for water service is made and any accumulated bills for service are pai d, the service shall be disconnected by the district without notice.
K. Non‐Compliance. The district may, unless otherwise provided, disconnect water/sewer service to a customer for non‐compliance with this chapter or any other resolution, ordinance, or regulation related to water/sewer service if the customer fails to comply with them within te n days from written notice from the district informing of the intention to disconnect service. If such non‐compliance affects emergency matters of health and safety, and conditions warrant, the district may disconnect water/sewer service immediately, with or without prior notice.
L. Service Refused or Disconnected. Service ma y be refused or disconnected without prior notice for the following reasons:
1. Where apparatus or appliances are in use which might endanger or disturb the service to other customers;
2. Where there exists a cross connection in violation of state or federal laws;
3. For non‐compliance with this cha pter or any other resolution, ordinance or regulation relating to the water/sewer service;
4. To protect the district against fraud or abuse.
M. Turn On/Turn Off. No charge shall be made for a turn‐on or turn‐off of water/sewer service at the meter, either for emergency purposes, or at the re quest of the current customer. The district shall, upon request day or night, without charge, shut off the supply of water for emergency purposes at the curb stop. If a customer makes multiple requests to turn‐on water when having previously been attempted but water was found to be flo wing, the district shall require payment of all costs reasonably borne.
Created: 2022‐04‐18 20:08:16 [EST]
(Supp. No. 20, Update 3)
N. Liability/Inspection of Premises. The district does not assume liability for inspecting any apparatus on the premises of the customer. However, the district does reserve the right of inspection if there is reason to believe that unsafe apparatus is being used.
O. Delinquencies; Collection from Customer and Property Owner. The customer and pro perty owner shall be jointly and severally liable for all charges that may be imposed under this chapter, including but not limited to charges for tampering as described in Section 14.02.060, and all charges for water service, sewer service and water usage as described in Sections 14.02.070 and 080, including an y delinquent charges.
1. Authority and Effect. The district may secure the payment of delinquent charges for water services by establishing a lien against all property located within the state of California which is owned by the person who is liable for the payment of such charges.
2. Delinquency Defined. Water /sewer bills shall be deemed delinquent on the date the bill is issued.
Delinquent charges for water/sewer services are imposed on those accounts which remain unpaid after twenty (20) days from the bill date.
3. Notice to Lienee. Prior to establishing any lien pursuant to this section, the general manager shall notify the pers
on who is liable for the payment of the delinquent charges that the delinquency exists and that the district may establish a lien against all real property in San Bernardino County and/or in any other county in the state of California, which such person currently owns or which such person might af
terwards acquire during the effective period of the lien. Such notice shall be in writing and shall be served upon the prospective lienee by deposit in the United States Mail.
4. Procedure. In all cases where charges for water services remain unpaid for ten days or more after the notice s
pecified in subsection 3 of this section has been deposited in the mail, the general manager shall prepare a certificate of charges due stating the amount of the lien, the name and address of the licensee, and the location of the real property associated with the delinquency. Thereafter, th e general manager shall file for record the certificate of charges due in the office of the county recorder of the county of San Bernardino and in the office of the county recorder of any other county in the state of California in which there is reason to believe that there is real propert y owned by the person who is liable for the payment of the delinquent charges.
5. Contents of Certificate. Each certificate filed pursuant to subsection 4 of this section shall be executed under penalty of perjury and shall certify the amount of unpaid charges including any penalty, the name and ad
dress of the person who is liable therefor and the fact that the district is entitled to payment thereof.
6. Release of Lien. Liens recorded pursuant to subsection 4 of this section shall be released upon full satisfaction thereof.
7. Collection on Tax Roll. In addition to establishing a lien pur suant to subsections 1 through 6 of this section, delinquent and unpaid charges for services may be collected on the tax roll pursuant to the procedures set forth herein, or any other applicable procedures under state law. A statement of those delinquent and unpaid charges for water and other services that remai n delinquent and unpaid for sixty (60) days or more on July 1st, or on such other date as determined by the district, shall be furnished to the county in accordance with applicable county requirements. The amount of any such delinquent and unpaid charges shall be added to and be come a part of the annual taxes next levied upon the property upon which the water or other services for which the charges are unpaid was used and upon the property subject to the charges for any other district services, and shall constitute a lien on that property as of th e same time and in the same manner as does the tax lien securing such annual taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such charges, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide pur
chaser for value, or if a lien of a bona fide encumbrancer for
Created: 2022‐04‐18 20:08:16 [EST]
(Supp. No. 20, Update 3)
value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent and unpaid charges relating to such property shall be transferred to the un
secured roll for collection.
(Ord. No. 2011‐06, § 4(Exh. A), 7‐19‐11; Ord. No. 2020‐02 , §§ 2—5, 1‐21‐20)
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City of Hesperia
STAFF REPORT
RECOMMENDED ACTION
It is recommended that the City Council and the Board of Directors of the Hesperia Water District (HWD) hold a Public Hearing and adopt the following Resolutions approving the Fiscal Year (FY) 2022-23 Proposed CIP Budget for the City of Hesperia and the Hesperia Water District:
1) City of Hesperia Resolution No. 2022-43 adopting the FY CIP 2022-23 Budget 2) Resolution HWD 2022-08 adopting the FY CIP 2022-23 Budget
BACKGROUND
In compliance with the City Council’s policy direction, staff has prepared the FY 2022-23 CIP Budget for the City of Hesperia and the Hesperia Water District. The CIP Budget includes the funding of capital projects within the City. Additionally, California Government Code, Section 66002 provides that any local agency which levies a Development Impact Fee subject to California Government Code, Section 66001 may adopt a Capital Improvement Plan . The FY 2022-23 Proposed CIP Budget provides the funding plan for such projects.
In the past, the CIP Budget was presented in conjunction with the City’s operating budget. To comply with the state code, the CIP Budget will be presented for Council and Board consideration separate from the operating budget.
ISSUES/ANALYSIS
As an attachment to this staff report, the FY 2022-23 Proposed CIP Budget includes the following type of projects: Streets Improvement, Storm Drainage, Facilities, Water, and Sewer projects. Upon Council and Board approval, t he CIP Bu dgeted expenditures and revenues will be included into the City’s overall FY 2022-23 Proposed Budget, which was presented and approved by the City Council on June 7, 2022.
Staff requests authority to make technical corrections, minor edits, etc. to the FY 2022-23 Proposed CIP Budget document to be incorporated into the final FY 2022-23 CIP Budget as approved by the City Council and Hesperia Water Board.
DATE: June 21, 2022
TO: Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Casey Brooksher, Director of Administrative Services
SUBJECT: Fiscal Year (FY) 2022-23 Proposed Capital Improvement Program (CIP) Budget Adoption
Staff Report to the City Council and Board of Directors of the Hesperia Water District Fiscal Year 2022-23 Proposed Capital Improvement Program (CIP) Budget Adoption June 21, 2022
FISCAL IMPACT
See Fiscal Year 2022-23 CIP Proposed Budget.
ALTERNATIVE
Provide alternate direction to staff.
ATTACHMENTS
1. Resolution No. 2022-43
2. Resolution HWD 2022-08
3. Fiscal Year 2022-23 Capital Improvement Program (CIP) Budge t (On file in the City Clerk’s Office)
RESOLUTION NO. 2022-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2022-23 CAPITAL
IMPROVEMENT PROGRAM BUDGET
WHEREAS, the City Manager has prepared the proposed capital improvement program budget for Fiscal Year 2022-23 for the City of Hesperia; and
WHEREAS, the City Council has received the Fiscal Year 2022-23 proposed capital improvement program budget and held a public hearing concerning its adoption; and
WHEREAS, the final document will be the City ’s official Capital Improvement Program Budget for the City of Hesperia for Fiscal Year 2022-23.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AS FOLLOWS:
Section 1. In all respects, the facts as set forth in this Resolution are true and correct.
Section 2. To accept, approve , and adopt the Fiscal Year 2022-23 Capital Improvement Program Budget as proposed and presented by staff and as adjusted by Council direction, as the official Capital Improvement Program budget document for the City of Hesperia for Fiscal Year 2022-23, which includes:
Section 2a. City General Fund expenditures of $200,000.
Section 2b. Other City funds expenditures of $ 46,233,094 are from the following funds, exclusive of transfers:
Fund No. Fund Name Expenditure
204 Measure I - Renewal $ 1,652,933
207 Local Transportation Fund (LTF) Article 8 248,800
209 Gas Tax RMRA 1,998,500
251 Community Development Block Grant 1,354,600
300 Development Impact Fee (DIF) - Streets 203,600
301 DIF – Storm Drain 1,065,149
306 DIF 2018-Streets 10,624,951
313 A-04 Drainage 952,000
504 City-wide Projects 28,132,561
Total $46,233,094
Section 3. That the City Manager and department head staff shall have the authority to transfer funds as inco rporated in the Fiscal Year 2022-23 Capital Improvement Program Budget and consistent with the policy adopted by the City Council.
Section 4. 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 21st day of June 2022.
ATTEST: Brigit Bennington, Mayor
Melinda Sayre, City Clerk
RESOLUTION HWD 2022-08
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HESPERIA
WATER DISTRICT, CITY OF HESPERIA, CA LIFORNIA, ADOPTING THE FISCAL YEAR 2022-23 CAPITAL IMPROVEMENT PROGRAM BUDGET
WHEREAS, the General Manager has prepared the proposed capital improvement program budget for Fiscal Year 2022-23 for the Hesperia Water District; and
WHEREAS, the Board of Dir ectors has received the Fiscal Year 2022-23 proposed capital improvement program budget and held a public hearing concerning its adoption; and
WHEREAS, the final capital improvement program document will be the District’s official Capital Improvement Program budget for the Hesperia Water District for Fiscal Year 2022-23.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HESPERIA WATER DISTRICT AS FOLLOWS:
Section 1. In all respects, the facts as set forth in this resolution are true and correct.
Section 2. To accept, approve, and adopt the Fiscal Year 2022-23 Capital Improvement Program Budget as proposed and presented by staff and as adjusted by Board direction, as the official Capital Improvement Program budget document for the Hesperia Water District for Fiscal Year 2022-23, which includes:
Section 2a. Water District expenditures of $ 7,670,000 from the following funds, exclusive of transfers:
Fund No. Fund Name Expenditure
701 Water Capital $3,825,000
711 Sewer Capital 3,845,000
Total $7,670,000
Section 3. That the General Manager and department head staff shall have the authority to transfer funds as incorporated in the Fiscal Year 2022-23 Capital Improvement Program Budget and consistent with the policy adopted by the District’s Board of Directors.
Section 4. That the Secretary of the Board of Directors shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 21st day of June 2022.
Brigit Bennington, Chair
ATTEST:
Melinda Sayre, Secretary
ATTACHMENT 3 AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE
THIS PAGE LEFT INTENTIONALLY BLANK
City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
SUBJECT: Emergency Water Conservation Regulations
RECOMMENDED ACTION
It is recommended that the City Council and Board of Directors of the Hesperia Water District (District) adopt Joint Resolution Nos. 2022-46 and HWD 2022-10 respectively, enacting certain emergency water conservation measures of the Public Utilities Ordinance [Hesperia Municipal Code (HMC) Title 14].
BACKGROUND
On October 19, 2021, Governor Newsom issued a Proclamation of State of Emergency related to emergency drought conditions to include San Bernardino County. On March 28, 2022, Governor Newsom directed the State Water Resources Control Board (SW RCB) to considering adopting emergency water regulations for urban water conservation. Subsequently, on May 24, 2022, the SWR adopted an emergency regulation, which went into effect June 10, 2021 and will remain in effect for one year unless the SWRCB modifies it, re-adopts it, or ends the regulation.
ISSUES/ANALYSIS
As set forth in Water Code Section 10617, the District is an urban water supplier. Consequently, the District is required to implement measures of the stage of the WCEP that imposes mandatory restrictions. The District is the regulatory agency that administers the Title 14 and the respective WCEP; thereby the District Board of Directors has the authority to implement water conservation measures.
SWRCB Resolution 2022-18 provides for the following mandatory conservation measures:
• Commercial, industrial, and institutional decorative grass should not be watered; • Trees are to be watered to meet their needs, but overwater should be avoided; • Urban water suppliers should implement Level 2 of their Water Conservation and Water Shortage Plan.
The Hesperia Municipal Code Title 14 Stages 1 and 2, adopted by the Hesperia City Council and Hesperia Water District Board, outlines the following measures:
Stage 1. Water Alert: Savings up to ten percent. Stage 1 shall be normal operating conditions in effect when the district is able to meet all the water demands of its
Staff Report to the Mayor and Council Members, Chair and Board Members, Hesperia Water District Emergency Water Conservation Regulations
June 21, 2022
customers in the immediate future. The district continuously operates under mandatory conservation. Unreasonable use and waste of water is prohibited, and water conservation measures are mandatory. All water users must continue to use water reasonably, to prevent the unreasonable use or waste of water, and to reduce water consumption to that necessary for ordinary domestic and commercial purposes. a. The following conservations measure shall be in effect at all times:
i. Exterior landscape plans for all new multi-family; commercial and industrial development shall provide for timed irrigation systems that provide options to irrigate landscapes after 8:00 p.m. but before 6:00 a.m. and shall require the use of drought resistant varieties of plants, shrubs, and turf.
ii. No customer of the district or other person acting on behalf of or under the direction of a customer shall cause or permit the use of water for irrigation of landscaping or other outdoor vegetation plantings, lawns, or other growth to exceed the amount required to provide reasonable irrigation of the same and shall not cause or permit any unreasonable or excessive waste of water from said irrigation activities or from watering devices or systems. Landscape watering shall be confined to a user’s property and shall not runoff onto adjacent properties, roadsides, or gutters. Free flow of water away from an irrigated site shall be presumptively considered excessive irrigation and waste. iii. Persons receiving water from the district who are engaged in agricultural practices, whether for the purpose of crop production or growing of commercial ornamental plants, shall provide, maintain, and use irrigation equipment and practices which are consistent with the efficiency standards of irrigators in arid environments. The general manager or his designee may require the owner or operators of these systems to prepare a plan describing their irrigation practices and equipment, including but not limited to, an estimate of the efficiency of the use of water on their properties.
iv. Commercial and industrial facilities shall, upon request of the general manager or his designee, provide the district with its plan to ensure conservation of water at its facilities. The district will provide these facilities with information regarding the average monthly water use by the facility for the last two-year period. The facility will be expected to provide the district with a plan to conserve or reduce the amount of water used by that percentage deemed to be necessary under the circumstances. After review and approval by the general manager or his designee, the water conservation plan shall be considered subject to inspection and enforcement by the district.
v. Unauthorized use of hydrants is prohibited. Authorization for use must be obtained from the district.
b. The district manager or his designee may also implement one or more of the following conservation instruments during this or any subsequent stage of water conservation:
i. Establish customer use baselines.
Staff Report to the Mayor and Council Members, Chair and Board Members, Hesperia Water District Emergency Water Conservation Regulations
June 21, 2022
ii. Conduct a public information campaign that may consist of distribution of literature, speaking engagements, website updates, bill inserts, conservation messages printed in local newspapers, educational programs in area schools and/or other methods of disseminating information.
iii. Implement programs to assist customers in reducing water use. iv. Evaluate operations and make operational changes.
Stage 2. Moderate Water Shortage: Savings up to twenty (20) percent. Augmentation of water supply conditions requiring reduction in water use. All aspects of Stage 1, including conservation measures implemented, shall remain in effect. A reduction of water use by up to an additional ten percent is anticipated. Water consumption reduction methods from stage 1 may be intensified as needed. Additional voluntary conservation measures are encouraged.
c. The following additional mandatory consumption reduction methods may be in effect:
i. Parks, golf courses (municipal and private) and school grounds which use water provided by the district shall be irrigated between the hours of 10:00 p.m. and 5:00 a.m., or such other times as may be determined appropriate by the district. Additionally, turf areas in excess of one thousand (1,000) square feet will be required to use soil moisture sensors and rain shut-off valves as part of the irrigation system. ii. Commercial, industrial, institutional equipment that uses water must be properly maintained and in full working order to eliminate unreasonable or wasteful uses of water.
iii. The washing of cars, trucks or other vehicles is not permitted, except with a hose equipped with an automatic shut-off device, or at a commercial facility designed and so designated on the district’s billing records. iv. All residential, public, and recreational swimming pools shall use evaporation resistant covers and shall recirculate water. Any swimming pool which does not have a cover installed during periods of nonuse shall be considered an unreasonable and wasteful use of water. v. Utilize sweeping or other methods to clean impervious surfaces such as driveways, sidewalks, and parking lot. The use of water to clean impervious surfaces is prohibited unless for public health and safety purposes.
d. Customers are encouraged to practice the following consumption reduction measures:
i. Fix leaks or faulty sprinklers promptly.
ii. Decorative water features (water fountains, etc.) should recirculate water and be leak proof.
iii. Irrigate landscapes between the hours of 10:00 p.m. and 5:00 a.m. to reduce evaporation.
iv. Landscape watering should not occur during rain events. v. Equip all hoses with a shut-off nozzle while using water for any purpose. vi. Wash only full loads when washing dishes or clothes. vii. Restaurants serve water to patrons upon request.
Staff Report to the Mayor and Council Members, Chair and Board Members, Hesperia Water District Emergency Water Conservation Regulations
June 21, 2022
viii. Hotels and motels – encourage guests to conserve water and limit hotel laundering of linens and towels.
The District plan does not include a provision for the new state mandate that prohibits outdoor irrigation on non- functional turn for commercial, industrial and intuitional sectors. As such, the Board is asked to come into compliance with this state mandate.
Staff will continue with public education and outreach efforts calling for citizens to be water wise, as well as disseminate information regarding emergency conservation regulations . Although public education is a vital component in effective water conservation programs, enforcement is a key instrument in non-compliance cases.
Implementing all of the aforementioned items is consistent with the intent of the administration of SWRCB drought emergency regulations. Staff will continue to monitor reduction achievements and evaluate further restriction measures as needed.
FISCAL IMPACT
The fiscal impact associated with this item is nominal, however c onservation efforts may lead to reduced water consumption and result in a decrease in water sales revenue for the District.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Joint Resolution Nos. 2022-46 and 2022-10
JOINT RESOLUTION NO. 2022-046
RESOLUTION NO. HWD 2022-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA AND THE BOARD OF DIRECTORS OF THE HESPERIA WATER
DISTRICT, ENACTING CERTAIN MEASURES OF THE HESPERIA
MUNICIPAL CODE, TITLE 14 WATER CONSERVATION EMERGENCY PLAN
AND IMPLEMENTING ADDITIONAL MEASURES IN COMPLIANCE WITH
STATE WATER RESOURCES CONTROL BOARD DROUGHT EMERGENCY
REGULATIONS.
WHEREAS, October 19, 2021, G overnor Newsom declared a State of Emergency Related to drought conditions; and
WHEREAS, On March 28, 2022 Governor Newsom directed the State Water Resources Control Board to consider adopting emergency water regulations; and
WHEREAS, on May 24, 2022 the State Water Resources Control Board adopted an emergency regulation that went into effect June 10, 2022; and
WHEREAS, the adopted emergency conservation regulations are effective June 10, 2022 and will remain in effect for one year unless the SWRCB modifies it, re- adopts it, or ends the regulation;
WHEREAS, the revised emergency water conservation regulations require urban water suppliers to implement measures of th eir WCEP that impose mandatory restrictions to stage 2; and
WHEREAS, the District is considered an urban water supplier in accordance with California Water Code, Section 10617; and
WHEREAS, Hesperia Municipal Code (HMC), Title 14, Public Utilities contains a WCEP; and
WHEREAS, the City of Hesperia is responsible for enforcement of the HMC in its entirety and the District implements Title 14 specifically.
WHEREAS, prohibiting irrigation of non-functional turf for commercial, industrial and institutional sectors is a requirement of the State Water Resources Control Board that is not addressed in the WCEP; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HES PERIA CITY COUNCIL AND HESPERIA WATER DISTRICT BOARD OF DIRECTORS AS FOLLOWS:
Section 1. In all respects, the facts as set forth in this resolution are true and correct.
Section 2. Hesperia Municipal Code 14.04.170 Water Conservation Emergency Plan, Stage 2 is hereby enacted.
Section 3. Emergency water conservation regulations are hereby adopted as follows:
Joint Resolution No. 2022-046 and HWD 2022-10
Enact Water Conservation Emergency Plan and Implement Additional Measures
a. Components of Stage 2 of the WCEP are enacted;
b. Irrigation of non- functional turf is prohibited for commercial, industrial and institutional sectors
.
Section 4. These emergency water conservation regulations shall be effective this date of adoption and shall remain in effect through June 9, 2023 unless the SWRCB takes other action.
Section 5. If any section, sub-section, sentence, clause, or word in this Resolution is held to be invalid by decision of any court of competent jurisdiction or action of State legislation, such decision or legislation shall not affect the validity of the remaining portions of this Resolution.
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 21
st day of June, 2022.
______________________________
Brigit Bennington, Chair
ATTEST:
____________________________
Erin Baum
Assistant City Clerk
City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Bethany Hudson, Administrative Analyst
SUBJECT: Vacate a Portion of Bleriot Street
RECOMMENDED ACTION
It is recommended that the City Council hold a public hearing to receive public comments pursuant to Section 8320, subdivision (a) of the California Streets and Highways Code and adopt Resolution 2022-047 to vacate a portion of Bleriot Street, as described in Exhibit “A” and Exhibit “B”.
BACKGROUND
On October 5, 2021, City Council approved Final Tract Map 17959 to create 31 sing le-family residential lots on approximately 15.6 gross acres located south from the southwest corner of Ranchero Road and Farmdale Avenue. Thereafter, staff discovered a discrepancy that during the recordation process of Final Tract Map 17959, Bleriot Street was not vacated per the map.
This error violated the Subdivision Map Act and affected the parcel boundary lines for four residential lots altering the square footage and assessed property values. Marshall Engineering was notified of the discrepancy and prepared a notice of intent to vacate a portion of Bleriot Street located within Tract Map No. 17959 to correct the issue.
ISSUES/ANALYSIS
Public right-of way should be vacated upon finding that those areas are no longer required for public access. Staff has reviewed the Final Tract Map along with the application and determined that this dedication for highway and road purposes is not needed.
Streets and Highways Code Section 8320 allows local agencies to vacate any streets, highways, and public service easements by resolution. Street and Highways Code Section 8320 also requires that a public hearing be held for all persons interested in the proposed vacation not less than 15 days after the initiation of proceedings and requires local agencies to post Notices of Vacation along the street proposed to be vacated. Notices of Vacation were posted on June 6, 2022 along the proposed vacation site. These notices include the intent of the City of Hesperia to vacate a portion of Bleriot Street as described in attachments Exhibits “A” and “B” as well as the date and time of the public hearing.
The proposed area to be vacated is private property and thereby is not required for street or highway purposes under Section 8334, subdivision (a) of the Streets and Highways Code.
Staff Report to the City Council
Vacate Portion of Bleriot Street
June 21, 2022
FISCAL IMPACT
There is no fiscal impact associated with this action.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Resolution No. 2022-047
2. Exhibit “A” – Legal Description and Exhibit “B” – Plat Map
RESOLUTION NO. 2022-047
A RESOLUTION OF THE CITY OF HESPERIA, CALIFORNIA, TO VACATE A
PORTION OF BLERIOT STREET AS DESCRIBED IN ATTACHED LEGAL DESCRIPTION EXHIBIT “A” AND ILLUSTRATED IN ATTACHED PLAT MAP EXHIBIT “B”.
WHEREAS, on October 5, 2021, City Council approved Final Tract Map 17959 to create 31 single-family residential lots located south of the southwest corner of Ranchero Road and Farmdale Avenue; and
WHEREAS, a discrepancy was discovered on Final Tract Map 17959 during the recordation process of the Final Tract Map that Bleriot Street was not vacated on the map that affected four of the residential lots altering the square footage and assessed property values; and
WHEREAS, a vacation of land is required to resolve the differences in right-of-way on recorded Tract Map No. 17959; and
WHEREAS, the City Council is authorized to vacate any street or portion thereof within the City by Streets and Highways Code Section 8320; and
WHEREAS, this portion of Bleriot Street is not needed for street or highway purposes; and
WHEREAS, this vacation is made pursuant to the requirements of California Streets and Highway Code, Division 9. – Change of Grade and Vacation, Part 3. – Public Streets, Highways, and Service Easement Vacation La w, Chapter 3. – General Vacation Procedure (sections 8300 et seq.); and
WHEREAS, on June 6, 2022, the Notices of Public Hearing to vacate portions of said street were posted in the area of Bleriot Street not less than two weeks before the date of the public hearing; and
WHEREAS, the Public Hearing was held on June 21, 2022; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in this resolution are true and correct; and
Section 2. The City Council finds and declares that the portion of Modesto Court proposed to be vacated is not required for street or highway purposes under Section 8334 , subdivision (a) of the Streets and Highways Code; and
Section 3. The City Council, under the authority vested in it by the Streets and Highways Code, sections 8334, subdivision (a) and 8335, hereby orders the vacation of the portion of Modesto Court as described on the attached Exhibits “A” and “B”; and
Resolution No. 2022-047
Vacation of Potion of Bleriot Street
Section 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions; and
Section 5. The City Clerk is authorized to present this Resolution to the County Recorder to be filed for record.
ADOPTED AND APPROVED this 21st day of June, 2022.
______________________________
Brigit Bennington, Mayor
ATTEST:
____________________________
Erin Baum, Assistant City Clerk
Attachment 2
City of Hesperia
STAFF REPORT
DATE: June 21, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Ryan Leonard, Senior Planner
SUBJECT: Development Code Amendment DCA 22-00002 and Specific Plan Amendment SPLA22-00001; 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. 2022-10 approving Development Code Amendment DCA22-00002 and Specific Plan Amendment SPLA22-00001, modifying development standards associated with truck storage yards and truck terminals within the industrial zoning classifications.
PROJECT SUMMARY
Proposal: Currently, the municipal code does not contain specific development standards for truck storage yards. For example, outdoor storage uses are currently addressed in Section
16.16.360 of the Development Code, however the requirements are oriented towards all types of outdoor storage, including storage of merchandise. The proposed regulations w ould clarify that truck storage yards are a type of outdoor storage and would include specific provisions for them.
In addition, the proposed regulations would require that all future truck storage yards obtain approval of a Conditional Use Permit. Finally, the proposed regulations would specify that storage yards that are used exclusively for the storage of shipping containers would be a prohibited use.
The municipal code currently allows truck terminals within the General Commercial (C2), Limited Manufacturing (I1) and General Manufacturing (I2) zones with approval of a CUP. Staff is proposing to clarify that term “truck terminal” shall also include a truck storage yard. In addition, staff is removing a truck terminal as being an allowed use within the General Commercial (C2) zone. Truck terminals/truck storage yards would continue to be allowed in the I1 and I2 zones with approval of a CUP.
Within the Main Street and Freeway Corridor Specific Plan (Specific Plan), truck terminals are allowed in the General Industrial (GI) zone as a permitted use. Staff is proposing to change the current requirement to require a CUP for a truck terminal/truck storage yard with the General Industrial (GI) zone. Within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan, a truck terminal is not listed as a permitted or conditionally permitted use. However, other trucking related uses such as warehouse facilities or major vehicle repair facilities (including semi- truck repair) are currently allowed to have truck parking and truck storage as an ancillary use.
Staff is proposing to add truck terminals/truck storage yards as a conditionally permitted use within the CIBP zone.
Staff Report to the City Council
DCA22-00002 & SPLA22-00001
June 21, 2022
Staff is also proposing to create specific development standards that would ap ply to all future truck terminals/truck storage yards. The development standards would require that the any site that is proposed for a truck terminal/truck storage yard be fully developed with a permanent building that complies with the City’s Architectur al Design Guidelines. As previously mentioned, because the development code does not currently contain specific development standards for truck terminals/truck storage yards, the code is silent on whether a building is required at all. This has been problematic for staff in the past.
The proposed development standards would also require that the entire site is fully paved so that trucks are precluded from parking on any vacant portion of the site. In addition, the truck storage areas would have to be completely screened from public view by a combination of buildings and/or a minimum 8-foot high decorative solid screen wall. The screen wall would be required to include anti-graffiti coating. Lastly, an operations and truck route plan will be required to be submitted for review and approval as a part of the CUP application. The plan would describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, number of trucks to be stored, and the proposed truck routing to and from the facility to designated truck routes.
Taken together these requirements will ensure that all new facilities are developed in an orderly and quality manner.
Planning Commission Review: On May 12, 2022 the Planning Commission voted 5-0 to forward this item to the City Council with a recommendation for approval.
Conclusion: The Development Code Amendment complies with the General Plan. Ensuring that truck terminals/truck storage yards are subject to a conditional use permit and adding clear development regulations will ensure that future sites are developed in an orderly and quality manner.
ATTACHMENT(S)
1. Ordinance No. 2022-10
2. Exhibit "A"
3. Planning Commission Staff Report with attachments.
ORDINANCE NO. 2022-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, ADOPTING A DEVELOPMENT CODE AMENDMENT TO A
DEVELOPMENT CODE AMENDMENT AND SPECIFIC PLAN AMENDMENT
MODIFYING DEVELOPMENT STANDARD S FOR COMMERCIAL TRUCK
STORAGE AND TRUCK TERMINALS WITH IN THE INDUSTRIAL ZO NING CLASSIFICATIONS (DCA22-00002 & SPLA22-00001)
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 September 2, 2008, the City Council of the City of Hesperia adopted Ordinance No. 2008-12, thereby adopting the Main Street and Freeway Corridor Specific Plan; and
WHEREAS, the City proposes to amend Article IX and Article X of Chapter 16.16 of the City of Hesperia Development Code regulations and Chapter 9 of the Main Street and Freeway Corridor Specific Plan, which pertain to development regulations for truck storage and truck terminals within the industrial zoning classifications; and
WHEREAS, the City finds that it is necessary to amend the development regulations applicable for commercial truck storage and truck terminals to require that all truck terminals and truck storage facilities obtain approval of a Conditional Use Permit and demonstrate compliance with specific criteria and development standards prior to operating in the City; and
WHEREAS, the proposed Development Code Amendment and Specific Plan Amendment are exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3), wher e it can be seen with certainty that there is no significant effect on the environment. The proposed Amendments are 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 Amendments are exempt if they do not propose to increase the density or intensity allowed in the General Plan; and
WHEREAS, on May 12, 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 June 21, 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 forth in this Ordinance are true and correct.
Section 2. Based upon substantial evidence presented to the Council, including written and oral staff reports, the Council specifically finds that the proposed Ordinance is consistent with the goals and objectives of the adopted General Plan.
Ordinance No. 2022-10
Section 3. Based on the findings and conclusions set forth in this Resolution, this Commission hereby recommends adoption of Development Code Amendment DCA22- 00002 and Specific Plan Amendment SPLA22-00001, requiring that all commercial truck terminals and truck storage facilities obtain approval of a Conditional Use Permit and demonstrate compliance with specific criteria and development standards prior to operating in the City 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 this 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 21st day of June 2022.
__________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
_________________________________________
Erin Baum, Assistant City Clerk
pg. 1
EXHIBIT “A”
DCA22-00002
The following are modifications to Article IX and Article X of Chapter 16.16 of the City of Hesperia Development Code regulations and Chapter 9 of the Main Street and Freeway Corridor Specific Plan (additions are in underlined red text and deletions are shown with red and strikethrough):
1) The following are modifications to Chapter 16.16.320-Commercial and Industrial Uses
16.16.320 Commercial and industrial uses.
Land Use Designations
Land Uses C1 C2 C3 I1 I2
A. Art studio/gallery (including photo) R R R R
B. Assemblies of people — Entertainment
(e.g., theater — Live performance,
auditorium, banquet hall, nightclub, etc.)1
R R R R
C. Auction service, exchange or barter R R R
D. Automotive parking R R
E. Bank and financial institution/service R R
F. Bar, saloon, cocktail lounge and tavern CUP
G. Business support services and facilities
(including graphic reproduction, computer-
service, uniform store, etc.)
R R R R
H. Catering establishment R R R R
I. Cemetery R R R R R
J. Club or lodge (non-profit), fraternal or
religious association
CUP R
K. Composting plant NP NP NP NP CUP
L. Contractors and building trades R R R R R
M. Equipment sales and rental — Indoors R R R
N. Grocery store (not including off-sale
alcohol7 )
R R R NP NP
O. Health and fitness club R R R R R
P. Heavy equipment sales and rental R R
Q. Helicopter landing and take-off pad CUP CUP CUP R. Historical and monument site R R R R R
S. Home improvement sales and service,
retail (e.g., hardware, lumber and building
materials stores)
R R R
T. Hospital CUP CUP CUP CUP
U. Hotel/motel R
V. Impound/towing2 NP NP NP CUP CUP
W. Industrial uses (includes outdoor
storage3 )
NP NP NP P P
X. Institutional uses R R R R R
pg. 2
Y. Kennel — Boarding of domestic animals CUP CUP R R Z. Laboratory — Research CUP R R
AA. Machine shop/repair R R
BB. Manufactured housing (sales) R R
CC. Manufacturing/warehouse (includes
outdoor storage3 )
R R
DD. Medical services (not including hospitals) R R NP NP EE. Microwave and radio communication
towers and facilities
R R R
FF. Self-storage facilities2 CUP CUP CUP CUP CUP
GG. Mortuary, not include crematory R
HH. Museum, library and reading room R R R
II. Off-sale alcohol establishment (ABC type
20 & 21 licenses)7
CUP CUP
JJ. Office/professional buildings R R R R5 R5
KK. Parking/storage of recreational vehicles R R R LL. Personal services (e.g., spas, salons,
tattoo shops and massage facilities)8
R R R
MM. Planetarium, aquarium, botanical garden
and zoo
R
NN. Publishing and printing R R R
OO. Processing (recycling) facility4 NP NP NP CUP CUP PP. Recreational facility — Commercial R R R
QQ. Recycling center — Large collection
facility4
NP NP NP CUP CUP
RR. Repair shop — Small items R R R R R
SS. Restaurant (sit down and takeout),
including outdoor dining2
R R R
TT. Retail sales (not including off-sale
alcohol7 )
R R R R6 R6
UU. School — Trade, community college,
university
R R R R
VV. School — Specialty non-degree (e.g.,
dance and martial arts)
R R R R R
WW. Semi-truck repair and storage 2 CUP CUP
XX. Shopping center (not including off-sale
alcohol7 )
R R R
YY. Shipping container storage yards NP NP NP NP NP
ZZ.YY. Terminal (bus and truck) Trucking
facilities including truck terminals, bus
terminals, and truck storage yards. 2
CUP CUP CUP
AAA.ZZ. Theater NP NP NP NP NP
BBB.AAA. Upholstery and furniture
repair/refinishing
R R R R
CCC.BBB. Vehicle fuel station2 CUP CUP CUP
DDD.CCC. Vehicle parts and accessories
sales
R R
pg. 3
EEE.DDD. Vehicle repair facility — Major (not
including semi-truck repair)
CUP CUP R R
FFF.EEE. Vehicle repair facility — Minor CUP CUP R R GGGFFF.. Vehicle sales/rentals and leasing
— new and used2
R
HHHGGG. Vehicle wash facility2 CUP CUP CUP
IIIHHH. Veterinary services — Clinics and
small animals hospitals (short term boarding)
R R R
JJJIII. Warehousing and wholesale
distribution center
R R
KKKJJJ. Wrecking yard2 NP NP NP NP CUP
Notes:
1. Shall not include a motion picture theater. Establishments serving alcohol shall require a CUP.
2. Shall correspond with standards in Section 16.16.365 (Specific land use standards).
3. Shall be subject to Section 16.16.360(A)(4).
4. Shall be subject to Section 16.16.070 (Recycling facilities).
5. Shall be supportive to a manufacturing/industrial use.
6. May sell products manufactured or distributed on-site pursuant to Section 16.16.360(A)(3).
7. Applications for off-sale alcohol (type 20 and 21 ABC licenses) below 12,000 SF in floor area shall be forwarded to the city council for final action. Such establishments shall be located within five hundred (500) feet of the intersection of two arterial or major arterial streets identified on the City's adopted circulation plan.
8. Massage facilities shall correspond with standards in Chapter 5.20. ( Ord. No. 2012-02, § 3(Exh. A), 2-7-12 ; ; Ord. No. 2017-08 , § 5(Exh. A), 10-3-17; Ord. No. 2019-03 , § 3(Exh. A), 2- 5-19; Ord. No. 2021-01 , 3(Exh. A), 6-1-21)
2) The following are modifications to 16.16.365 – Specific Land Use Standards.
16.16.365 Specific land use standards.
In addition to the general development requirements contained in Chapter 16.20 (General Regulations), the following standards shall apply to specific commercial land uses.
K. Commercial trucking facilities including truck terminals, bus terminals, and truck storage yards are subject to a conditional use permit and shall be constructed in the following manner:
1) The site shall be fully developed with a permanent building that complies with all applicable provisions of Article XII-Industrial Design Guidelines. All buildings and structures that are visible from the right-of-way shall be articulated. 2) The site shall be entirely paved, except for structures and landscaping, so that vehicles are not parked in the dirt or otherwise not fully improved area. 3) All trucks and trailers within truck parking areas shall be completely screened from public view by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt-up walls. Screen walls shall be a minimum of 8-feet in height.
pg. 4
4) Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all screen walls.
5) An operations and truck route plan shall be submitted for review and approval as part of the CUP application. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, number of trucks to be stored on the site, and the proposed truck routing to and from the facility to designated truck routes. The operator of the truck yard shall be responsible for implementing and monitoring an operations and truck route plan during all operations. 6) Truck yard facilities shall not store any products, goods, materials, or storage containers outside of any building, unless such storage is permitted through a conditional use permit.
7) Truck drivers shall not sleep or reside within any truck cab on-site overnight or for any extended duration of time.
MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN
Chapter 9, Subsection (G)-Commercial Industrial Business Park Zone shall be amended to read:
2. Conditionally Permitted Uses
The following uses are conditionally permitted in the Commercial/Industrial Business Park zone:
a) Alcohol sales – on-site, incidental to the primary use. b) Equipment (large) sales and rental.
c) Equipment (small) sales and rental.
d) Health and fitness clubs – more than 4,000 square feet. e) Schools – college, community college, university (public or private). f) Schools - vocational and technical.
g) Trucking facilities including truck terminals, bus terminals, and truck storage yards. gh) Vehicle fuel stations (i.e., gasoline stations).
hi) Vehicle rental and sales
ij) Vehicle repair – major.
jk) Vehicle repair – minor.
kl) Vehicle wash facilities.
lm) Warehousing and wholesale distribution centers – greater than 200,000 square feet in size. mn) Other similar uses, as interpreted by the Development Services Director or his/her designee.
4. Development Standards
All property in the Commercial/Industrial Business Park zone shall be developed according to the following standards:
pg. 5
4.11 Standards for commercial trucking facilities including truck terminals, bus terminals, and truck storage yards
Commercial trucking facilities including truck terminals, bus terminals, and truck storage yards are subject to a conditional use permit and shall be constructed in the following manner:
1) The site shall be fully developed with a permanent building that complies with all applicable provisions of Chapter 11-Industrial Design Guidelines. All buildings and structures that are visible from the right-of-way shall be articulated. 2) The site shall be entirely paved, except for structures and landscaping, so that vehicles are not parked in the dirt or otherwise not fully improved area. 3) All trucks and trailers within truck parking areas shall be completely screened from public view by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt-up walls. Screen walls shall be a minimum of 8-feet in height.
4) Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all screen walls.
5) An operations and truck route plan shall be submitted for review and approval as part of the CUP application. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, number of trucks to be stored on the site, and the proposed truck routing to and from the facility to designated truck routes. The operator of the truck yard shall be responsible for implementing and monitoring an operations and truck route plan during all operations. 6) Truck yard facilities shall not store any products, goods, materials, or storage containers outside of any building, unless such storage is permitted through a conditional use permit.
7) Truck drivers shall not sleep or reside within any truck cab on-site overnight or for any extended duration of time.
4.11 12 Additional Standards and Guidelines
4.12 13 Review Process
Chapter 9, Subsection (H)-General Industrial Zone shall be amended to read:
1. Permitted Uses
The following uses are permitted in the General Industrial zone:
a) Commercial storage facilities (mini-warehouse).
b) Contractor’s storage yard.
c) Equipment (large) sales and rental.
d) Equipment (small) sales and rental.
e) Lumber yard and building materials (wholesale).
f) Manufacturing (indoors).
g) Offices (administrative, business, executive and professional, but not including medical or dental).
pg. 6
h) Outdoor storage, incidental to the primary use.
i) Publishing and printing.
j) Retail sales ancillary to a manufacturing use on-site (floor area not to exceed 15% of gross floor area up to a maximum of 7,500 square feet). k) Truck terminal.
l) Vehicle repair – major.
m) Vehicle repair – minor.
n) Vehicle wash facilities.
o) Warehousing and wholesale distribution centers – 200,000 square feet or less. p) Accessory structures and uses customarily incidental to any permitted uses when located on the same site with the main building and use. q) Veterinary services- clinics and small animal hospitals (short term boarding). r) Other similar uses, as interpreted by the Development Services Director or his/her designee.
2. Conditionally Permitted Uses
The following uses are conditionally permitted in the General Industrial zone:
a) Bus terminals.
ba) Kennels – boarding of domestic animals.
b) Trucking facilities including truck terminals, bus terminals, and truck storage yards c) Vehicle fuel stations (i.e,. gasoline stations).
d) Warehousing and wholesale distribution centers – 200,000 square feet or more.
4. Development Standards
All property in the General Industrial zone shall be developed according to the following standards:
4.11 Standards for commercial trucking facilities including truck terminals, bus terminals, and truck storage yards
Commercial trucking facilities including truck terminals, bus terminals, and truck storage yards are subject to a conditional use permit and shall be constructed in the following manner:
1) The site shall be fully developed with a permanent building that complies with all applicable provisions of Chapter 11-Industrial Design Guidelines. All buildings and structures that are visible from the right-of-way shall be articulated. 2) The site shall be entirely paved, except for structures and landscaping, so that vehicles are not parked in the dirt or otherwise not fully improved area. 3) All trucks and trailers within truck parking areas shall be completely screened from public view by a combination of buildings and/or solid screen walls of either decorative
pg. 7
concrete masonry block or decorative concrete tilt-up walls. Screen walls shall be a minimum of 8-feet in height.
4) Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all screen walls.
5) An operations and truck route plan shall be submitted for review and approval as part of the CUP application. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, number of trucks to be stored on the site, and the proposed truck routing to and from the facility to designated truck routes. The operator of the truck yard shall be responsible for implementing and monitoring an operations and truck route plan during all operations. 6) Truck yard facilities shall not store any products, goods, materials, or storage containers outside of any building, unless such storage is permitted through a conditional use permit.
7) Truck drivers shall not sleep or reside within any truck cab on-site overnight or for any extended duration of time.
4.11 12 Additional Standards and Guidelines
4.12 13 Review Process
City of Hesperia
STAFF REPORT
DATE: May 12, 2022
TO: Planning Commission
FROM: Rachel Molina, Assistant City Manager
BY: Ryan Leonard, Senior Planner
SUBJECT: Development Code Amendment DCA 22-00002 and Specific Plan Amendment SPLA22-00001; Applicant: City of Hesperia; Area affected: City-wide
RECOMMENDED ACTION
It is recommended that the Planning Commission adopt Resolution No. PC -2022-07 recommending that the City Council introduce and place on first reading an ordinance approving DCA22-00002 and SPLA 22-00001, modifying development standards associated with truck storage yards and truck terminals within the industrial zoning classifications.
BACKGROUND
Over the past few years industrial developments related to trucking and distribution have accelerated due to the increase in e -commerce. To that end, s taff has seen an increase in the number of inquiries from customers who wish to develop generally smaller sites exclusively for truck parking and truck storage. Currently, the municipal code does not contain specific development standards for truck storage yards. For example, outdoor storage uses are currently addressed i n Section 16.16.360 of the Development Code, however the requirements are oriented towards all types of outdoor storage, including storage of merchandise. The proposed regulations would clarify that truck storage yards are a type of outdoor storage and would include specific provisions for them. In addition, the proposed regulations would require that all future truck storage yards obtain approval of a Conditional Use Permit.
ISSUES/ANALYSIS
The municipal code currently allows truck terminals within the General Commercial (C2), Limited Manufacturing (I1) and General Manufacturing (I2) zones with approval of a CUP. Staff is proposing to clarify that term “truck terminal” shall also include a truck storage yard . In addition, staff is removing a truck terminal as being an allowed use within the General Commercial (C2) zone. Truck terminals/truck storage yards would continue to be allowed in the I1 and I2 zones with approval of a CUP.
Within the Main Street and Freeway Corridor Specific Plan (Specific Plan), truck terminals are allowed in the General Industrial (GI) zone as a permitted use. As such, a truck terminal does not currently require a CUP within the General Industrial (GI) zone. Staff is proposing to change the current requirement t o require a CUP for a truck terminal/truck storage yard with the General Industrial (GI) zone.
Attachment 3
Staff Report to the Planning Commission
DCA22-00002 &SPLA22-00001
May 12, 2022
Within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan, a truck terminal is not listed as a permitted or conditionally permitted use. However, other trucking related uses such as warehouse facilit ies or major vehicle repair facilit ies (including semi -truck repair) are currently allowed to have truck parking and truck storage as an ancillary use. Staff is proposing to add truck terminals/truck storage yards as a conditionally permitted use within the CIBP zone.
Staff is also proposing to create specific development standards that would apply to all future truck terminals/truck storage yards. The development standards would require that the any site that is proposed for a truck terminal/truck storage yard be fully developed with a permanent building that complies with the City’s Architectural Design Guidelines. As previously mentioned, because the development code does not currently contain specific development standards for truck terminals/truck storage yards, the code is silent on whether a building is required at all. This has been problematic for staff in the past.
The proposed development standards would also require that the entire site is fully paved so that trucks are precluded from parking on any vacant portion of the site. In addition, the truck storage areas would have to be completely screened from public view by a combination of buildings and/or a minimum 8-foot high decorative solid screen wall. The screen wall would be required to include anti-graffiti coating. Lastly, an operations and truck route plan will be required to be submitted for review and approval as a part of the CUP application. Th e plan would describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, number of trucks to be stored, and the proposed truck routing to and from the facility to designated truck routes.
Taken together these requirements will ensure that all new facilities are developed in an orderly and quality manner.
Environmental: Approval of the Development Code Amendment is exempt from the requirements of the California Environmental Quality Act per Section 15061(b)(3), where it can be seen with certainty that there is no significant effect on the environment. The proposed Development Code 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 Development Code Amendment does not propose to increase the density or intensity allowed in the General Plan.
Conclusion: The Development Code Amendment complies with the General Plan. Ensuring that truck terminals/truck storage yards are subject to a conditional use permit and adding clear development regulations will ensure that future sites are developed in an orderly and quality manner
FISCAL IMPACT
None.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Resolution No. PC-2022-07, with Exhibit “A”
RESOLUTION NO. PC-2022-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HESPERIA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
ADOPT A DEVELOPMENT CODE AMENDMENT AND SPECIFIC PLAN
AMENDMENT MODIFYING DEVELOPMENT STANDARD S FOR
COMMERCIAL TRUCK STORAGE AND TRUCK TERMINALS WITHIN THE INDUSTRIAL ZONING CLASSIFICATIONS (DCA22-00002 & SPLA22-00001)
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 September 2, 2008, the City Council of the City of Hesperia adopted Ordinance No. 2008-12, thereby adopting the Main Street and Freeway Corridor Specific Plan; and
WHEREAS, the City proposes to amend Article IX and Article X of Chapter 16.16 of the City of Hesperia Develo pment Code regulations and Chapter 9 of the Main Street and Freeway Corridor Specific Plan, which pertain to development regulations for truck storage and truck terminals within the industrial zoning classifications; and
WHEREAS, the City finds that it is necessary to amend the development regulations applicable for commercial truck storage and truck terminals to require that all truck terminals and truck storage facilities obtain approval of a C onditional Use Permit and demonstrat e compliance with specific criteria and development standards prior to operating in the City; and
WHEREAS, the proposed Development Code Amendment and Specific Plan Amendment are exempt from the California Environmental Quality Act (CEQA) per Section 1506 1(b)(3), where it can be seen with certainty that there is no significant effect on the environment. The proposed Amendments are also exempt from the requirements of the California Environmental Quality Act by Section 16.12.415(B)(10) of the City’s CEQA Gu idelines, as the Amendments are exempt if they do not propose to increase the density or intensity allowed in the General Plan; and
WHEREAS, on May 12, 2022, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaini ng to the proposed amendment and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA PLANNING COMMISSION AS FOLLOWS:
Section 1. The Planning Commission hereby specifically finds that all of the facts set forth in this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to the Commission, including written and oral staff reports, the Commi ssion 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 Resolution, this Commission hereby recommends adoption of Development Code Amendment DCA22- 00002 and Specific Plan Amendment SPLA22-00001, requiring that all commercial truck ATTACHMENT 1
Resolution No. 2022-07
terminals and truck storage facilities obtain approval of a C onditional Use Permit and demonstrate co mpliance with specific cri teria and devel opment standards prior to operating in the City as shown on Exhibit “A.”
Section 4. That the Secretary shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED on this 12th day of May 2022.
__________________________________ _______________________________ Roger Abreo, Chair, Planning Commission
ATTEST:
_________________________________________
Maricruz Montes, Secretary, Planning Commission
pg. 1
EXHIBIT “A”
DCA22-00002
The following are modifications to Article IX and Article X of Chapter 16.16 of the City of Hesperia Development Code regulations and Chapter 9 of the Main Street and Freeway Corridor Specific Plan (additions are in underlined red text and deletions are shown with red and strikethrough):
1) The following are modifications to Chapter 16.16.320-Commercial and Industrial Uses
16.16.320 Commercial and industrial uses.
Land Use Designations
Land Uses C1 C2 C3 I1 I2
A. Art studio/gallery (including photo) R R R R
B. Assemblies of people — Entertainment
(e.g., theater — Live performance,
auditorium, banquet hall, nightclub, etc.)1
R R R R
C. Auction service, exchange or barter R R R
D. Automotive parking R R
E. Bank and financial institution/service R R
F. Bar, saloon, cocktail lounge and tavern CUP
G. Business support services and facilities
(including graphic reproduction, computer-
service, uniform store, etc.)
R R R R
H. Catering establishment R R R R
I. Cemetery R R R R R
J. Club or lodge (non-profit), fraternal or
religious association
CUP R
K. Composting plant NP NP NP NP CUP
L. Contractors and building trades R R R R R
M. Equipment sales and rental — Indoors R R R
N. Grocery store (not including off-sale
alcohol7 )
R R R NP NP
O. Health and fitness club R R R R R
P. Heavy equipment sales and rental R R
Q. Helicopter landing and take-off pad CUP CUP CUP R. Historical and monument site R R R R R
S. Home improvement sales and service,
retail (e.g., hardware, lumber and building
materials stores)
R R R
T. Hospital CUP CUP CUP CUP
U. Hotel/motel R
V. Impound/towing2 NP NP NP CUP CUP
W. Industrial uses (includes outdoor
storage3 )
NP NP NP P P
X. Institutional uses R R R R R
pg. 2
Y. Kennel — Boarding of domestic animals CUP CUP R R Z. Laboratory — Research CUP R R
AA. Machine shop/repair R R
BB. Manufactured housing (sales) R R
CC. Manufacturing/warehouse (includes
outdoor storage3 )
R R
DD. Medical services (not including hospitals) R R NP NP EE. Microwave and radio communication
towers and facilities
R R R
FF. Self-storage facilities2 CUP CUP CUP CUP CUP
GG. Mortuary, not include crematory R
HH. Museum, library and reading room R R R
II. Off-sale alcohol establishment (ABC type
20 & 21 licenses)7
CUP CUP
JJ. Office/professional buildings R R R R5 R5
KK. Parking/storage of recreational vehicles R R R LL. Personal services (e.g., spas, salons,
tattoo shops and massage facilities)8
R R R
MM. Planetarium, aquarium, botanical garden
and zoo
R
NN. Publishing and printing R R R
OO. Processing (recycling) facility4 NP NP NP CUP CUP PP. Recreational facility — Commercial R R R
QQ. Recycling center — Large collection
facility4
NP NP NP CUP CUP
RR. Repair shop — Small items R R R R R
SS. Restaurant (sit down and takeout),
including outdoor dining2
R R R
TT. Retail sales (not including off-sale
alcohol7 )
R R R R6 R6
UU. School — Trade, community college,
university
R R R R
VV. School — Specialty non-degree (e.g.,
dance and martial arts)
R R R R R
WW. Semi-truck repair and storage 2 CUP CUP
XX. Shopping center (not including off-sale
alcohol7 )
R R R
YY. Terminal (bus and truck) Trucking
facilities including truck terminals, bus
terminals, and truck storage yards. 2
CUP CUP CUP
ZZ. Theater NP NP NP NP NP
AAA. Upholstery and furniture
repair/refinishing
R R R R
BBB. Vehicle fuel station2 CUP CUP CUP
CCC. Vehicle parts and accessories sales R R
DDD. Vehicle repair facility — Major (not
including semi-truck repair)
CUP CUP R R
EEE. Vehicle repair facility — Minor CUP CUP R R
pg. 3
FFF. Vehicle sales/rentals and leasing —
new and used2
R
GGG. Vehicle wash facility2 CUP CUP CUP
HHH. Veterinary services — Clinics and
small animals hospitals (short term boarding)
R R R
III. Warehousing and wholesale distribution
center
R R
JJJ. Wrecking yard2 NP NP NP NP CUP
Notes:
1. Shall not include a motion picture theater. Establishments serving alcohol shall require a CUP.
2. Shall correspond with standards in Section 16.16.365 (Specific land use standards).
3. Shall be subject to Section 16.16.360(A)(4).
4. Shall be subject to Section 16.16.070 (Recycling facilities).
5. Shall be supportive to a manufacturing/industrial use.
6. May sell products manufactured or distributed on-site pursuant to Section 16.16.360(A)(3).
7. Applications for off-sale alcohol (type 20 and 21 ABC licenses) below 12,000 SF in floor area shall be forwarded to the city council for final action. Such establishments shall be located within five hundred (500) feet of the intersection of two arterial or major arterial streets identified on the City's adopted circulation plan.
8. Massage facilities shall correspond with standards in Chapter 5.20. ( Ord. No. 2012-02, § 3(Exh. A), 2-7-12 ; ; Ord. No. 2017-08 , § 5(Exh. A), 10-3-17; Ord. No. 2019-03 , § 3(Exh. A), 2- 5-19; Ord. No. 2021-01 , 3(Exh. A), 6-1-21)
2) The following are modifications to 16.16.365 – Specific Land Use Standards.
16.16.365 Specific land use standards.
In addition to the general development requirements contained in Chapter 16.20 (General Regulations), the following standards shall apply to specific commercial land uses.
K. Commercial trucking facilities including truck terminals, bus terminals, and truck storage yards are subject to a conditional use permit and shall be constructed in the following manner:
1) The site shall be fully developed with a permanent building that complies with all applicable provisions of Article XII-Industrial Design Guidelines. All buildings and structures that are visible from the right-of-way shall be articulated. 2) The site shall be entirely paved, except for structures and landscaping, so that vehicles are not parked in the dirt or otherwise not fully improved area. 3) All trucks and trailers within truck parking areas shall be completely screened from public view by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt-up walls. Screen walls shall be a minimum of 8-feet in height.
4) Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all screen walls.
pg. 4
5) An operations and truck route plan shall be submitted for review and approval as part of the CUP application. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, number of trucks to be stored on the site, and the proposed truck routing to and from the facility to designated truck routes. The operator of the truck yard shall be responsible for implementing and monitoring an operations and truck route plan during all operations. 6) Truck yard facilities shall not store any products, goods, materials, or storage containers outside of any building, unless such storage is permitted through a conditional use permit.
7) Truck drivers shall not sleep or reside within any truck cab on-site overnight or for any extended duration of time.
MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN
Chapter 9, Subsection (G)-Commercial Industrial Business Park Zone shall be amended to read:
2. Conditionally Permitted Uses
The following uses are conditionally permitted in the Commercial/Industrial Business Park zone:
a) Alcohol sales – on-site, incidental to the primary use. b) Equipment (large) sales and rental.
c) Equipment (small) sales and rental.
d) Health and fitness clubs – more than 4,000 square feet. e) Schools – college, community college, university (public or private). f) Schools - vocational and technical.
g) Trucking facilities including truck terminals, bus terminals, and truck storage yards. gh) Vehicle fuel stations (i.e., gasoline stations).
hi) Vehicle rental and sales
ij) Vehicle repair – major.
jk) Vehicle repair – minor.
kl) Vehicle wash facilities.
lm) Warehousing and wholesale distribution centers – greater than 200,000 square feet in size. mn) Other similar uses, as interpreted by the Development Services Director or his/her designee.
4. Development Standards
All property in the Commercial/Industrial Business Park zone shall be developed according to the following standards:
4.11 Standards for commercial trucking facilities including truck terminals, bus terminals, and truck storage yards
pg. 5
Commercial trucking facilities including truck terminals, bus terminals, and truck storage yards are subject to a conditional use permit and shall be constructed in the following manner:
1) The site shall be fully developed with a permanent building that complies with all applicable provisions of Chapter 11-Industrial Design Guidelines. All buildings and structures that are visible from the right-of-way shall be articulated. 2) The site shall be entirely paved, except for structures and landscaping, so that vehicles are not parked in the dirt or otherwise not fully improved area. 3) All trucks and trailers within truck parking areas shall be completely screened from public view by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt-up walls. Screen walls shall be a minimum of 8-feet in height.
4) Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all screen walls.
5) An operations and truck route plan shall be submitted for review and approval as part of the CUP application. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, number of trucks to be stored on the site, and the proposed truck routing to and from the facility to designated truck routes. The operator of the truck yard shall be responsible for implementing and monitoring an operations and truck route plan during all operations. 6) Truck yard facilities shall not store any products, goods, materials, or storage containers outside of any building, unless such storage is permitted through a conditional use permit.
7) Truck drivers shall not sleep or reside within any truck cab on-site overnight or for any extended duration of time.
4.11 12 Additional Standards and Guidelines
4.12 13 Review Process
Chapter 9, Subsection (H)-General Industrial Zone shall be amended to read:
1. Permitted Uses
The following uses are permitted in the General Industrial zone:
a) Commercial storage facilities (mini-warehouse).
b) Contractor’s storage yard.
c) Equipment (large) sales and rental.
d) Equipment (small) sales and rental.
e) Lumber yard and building materials (wholesale).
f) Manufacturing (indoors).
g) Offices (administrative, business, executive and professional, but not including medical or dental).
h) Outdoor storage, incidental to the primary use.
pg. 6
i) Publishing and printing.
j) Retail sales ancillary to a manufacturing use on-site (floor area not to exceed 15% of gross floor area up to a maximum of 7,500 square feet). k) Truck terminal.
l) Vehicle repair – major.
m) Vehicle repair – minor.
n) Vehicle wash facilities.
o) Warehousing and wholesale distribution centers – 200,000 square feet or less. p) Accessory structures and uses customarily incidental to any permitted uses when located on the same site with the main building and use. q) Veterinary services- clinics and small animal hospitals (short term boarding). r) Other similar uses, as interpreted by the Development Services Director or his/her designee.
2. Conditionally Permitted Uses
The following uses are conditionally permitted in the General Industrial zone:
a) Bus terminals.
ba) Kennels – boarding of domestic animals.
b) Trucking facilities including truck terminals, bus terminals, and truck storage yards c) Vehicle fuel stations (i.e,. gasoline stations).
d) Warehousing and wholesale distribution centers – 200,000 square feet or more.
4. Development Standards
All property in the General Industrial zone shall be developed according to the following standards:
4.11 Standards for commercial trucking facilities including truck terminals, bus terminals, and truck storage yards
Commercial trucking facilities including truck terminals, bus terminals, and truck storage yards are subject to a conditional use permit and shall be constructed in the following manner:
1) The site shall be fully developed with a permanent building that complies with all applicable provisions of Chapter 11-Industrial Design Guidelines. All buildings and structures that are visible from the right-of-way shall be articulated. 2) The site shall be entirely paved, except for structures and landscaping, so that vehicles are not parked in the dirt or otherwise not fully improved area. 3) All trucks and trailers within truck parking areas shall be completely screened from public view by a combination of buildings and/or solid screen walls of either decorative
pg. 7
concrete masonry block or decorative concrete tilt-up walls. Screen walls shall be a minimum of 8-feet in height.
4) Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all screen walls.
5) An operations and truck route plan shall be submitted for review and approval as part of the CUP application. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, number of trucks to be stored on the site, and the proposed truck routing to and from the facility to designated truck routes. The operator of the truck yard shall be responsible for implementing and monitoring an operations and truck route plan during all operations. 6) Truck yard facilities shall not store any products, goods, materials, or storage containers outside of any building, unless such storage is permitted through a conditional use permit.
7) Truck drivers shall not sleep or reside within any truck cab on-site overnight or for any extended duration of time.
4.11 12 Additional Standards and Guidelines
4.12 13 Review Process