City of Hesperia
City Council Chambers
Y 9700 Seventh Ave.
Meeting Minutes - Final Hesperia CA, 92345
City Council
Tuesday, October 18, 2022 6: 30 PM
REGULAR MEETING AGENDA
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HESPERIA HOUSING AUTHORITY
HESPERIA COMMUNITY DEVELOPMENT COMMISSION
HESPERIA WATER DISTRICT
CLOSED SESSION - 5: 00 PM
Roll Call
Present: 5 - Council Member Bird, Council Member Swanson, Mayor Pro Tern Holland, Council Member Gregg and Mayor Bennington
Conference with Legal Counsel - Potential Litigation: Government Code Section 54956. 9( d) 2
1. One( 1) Case
Conference with Legal Counsel— Existing Litigation; Government Code Section 54956. 9( d) 1
1. Assistant Secretary for FHEO v. City of Hesperia, California, et al.; Case Number 09- 16-4717- 8 Conference with Real Property Negotiators— Property Negotiations: Government Code Section— 54956. 8
1. Negotiating Parties: City of Hesperia and XMG Holdings LLC Location: APN 3039- 441- 20 Under Negotiation:
Price and Terms
CALL TO ORDER - 6: 30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Present: 5- Council Member Bird, Council Member Swanson, Mayor Pro Tern Holland, Council Member Gregg and Mayor Bennington
D. Agenda Revisions and Announcements by City Clerk E. Closed Session Reports by City Attorney
City of Hesperia
Announcements and presentations were heard prior to General Public Comment.
ANNOUNCEMENTS/ PRESENTATIONS
1. Presentation on the Hesperia Rodeo Event by James Blocker of Hesperia Area Recreation District ( HARD) Foundation
2. Recognition of Julia Swanson
GENERAL PUBLIC COMMENTS ( For items and matters not listed on the agenda) Bob Nelson commented on speaking limits.
Daniel Krist commented on community issues.
Rebecca Daugherty commented on upcoming events.
Stephanie James commented on the Animal Shelter.
David Mylnarski commented on Council Member Holland.
JOINT CONSENT CALENDAR
A motion was made by Holland, seconded by Gregg, that the Joint Consent Calendar be approved. The motion carried by the following vote:
Aye: 5- Bird, Swanson, Holland, Gregg, and Bennington Nay: 0
1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, October 4, 2022.
Recommended Action:
It is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, October 4, 2022.
Sponsors: Assistant City Clerk Erin Baum
2. Warrant Run Report( City- Successor Agency- Housing Authority- Community Development Commission - Water)
Recommended Action:
It is recommendedthattheCouncil/Boardratifythewarrantrunand payrollreportfor the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Sponsors: Director of Administrative Services Casey Brooksher
3. Treasurer's Cash Report for the unaudited period ended July 31, 2022 Recommended Action:
It is recommended that the Council/ Board accept the Treasurer' s Cash Report for the City, Successor Agencyto the HesperiaCommunityRedevelopmentAgency, Hesperia Housing Authority, Community Development Commission, and Hesperia Water District.
Sponsors: Director of Administrative Services Casey Brooksher
4. Network Switch Replacement
Recommended Action:
It is recommended that the City Council authorize the City Manager to enter into an agreement with City of Hesperia
Pricon INC to purchase ten ( 10) network switches and associated licensing & peripherals in an amount not- to- exceed $ 83, 649, to replace the City' s aging network switches with current and supported models.
Sponsors: Director of Administrative Services Casey Brooksher
5. Accept the Hesperia Park and Ride Facility Project( CO 6523) Recommended Action:
It is recommended that the City Council accept the Hesperia Park and Ride Facility project completed by Vance Corporation ( Construction Order No. 6523); authorize staff to record a " Notice of Completion;" and release all withheld retention after 35 days from the date of recordation.
Sponsors: Management Analyst Jamie Carone
6. Adopt Resolution Declaring Property Owned by the City of Hesperia Community Development Commission as" Exempt Surplus Land"
Recommended Action:
It is recommended that the City Council and Hesperia Community Development Commission adopt Resolution No. CDC 2022- 02, declaring APN 0405- 373- 03 owned by the Hesperia Community Development Commission " Exempt Surplus Land" pursuant to government code 54221. This action is being performed in preparation for sale to the Hesperia Recreation and Park District at a later date.
Sponsors: Economic Development Manager Victor Knight
7. Eagle Hesperia Housing project Confirmation of Subordination in connection with $ 2, 000, 000 of Additional Bonds issued by Eagle Hesperia 55, L.P.
Recommended Action:
It is recommended that the Board of Directors of the Hesperia Housing Authority consider approving the Confirmation of Subordination Agreement in connection with $ 2,000, 000 of additional bonds being funded related to the Eagle Hesperia Affordable Housing Project.
Sponsors: City Attorney Pam K. Lee
NEW BUSINESS
Items 8 and 9 were considered in reverse order.
9. Repeal of Commercial Cannabis Program
Recommended Action:
It is recommended that the Council review the report and resolution, then consider adopting Resolution No. 2022-75 prohibiting the renewal of any existing cannabis dispensary delivery permits and directing staff to draft ordinances necessary to repeal the commercial cannabis program.
Sponsors: City Attorney Pam K. Lee
Public Comment via voicemail:
An unidentified Apple Valley resident commented in support of the resolution.
Jordan commented in opposition of the resolution.
Russell Tice commented in opposition of the resolution.
Jared Kowalski commented in opposition of the resolution.
Julia Zavala commented in opposition of the resolution.
An unidentified caller commented in opposition of the resolution.
Cynthia ( in audible last name) commented in opposition of the resolution.
David Gallegos commented in opposition of the resolution.
William Torres commented in opposition of the resolution.
Gina Tibbets commented in opposition of the resolution.
Alexandria commented in opposition of the resolution.
City of Hesperia
Public Comment in attendance:
Rauj commented in opposition of the resolution.
Gordon Sattro commented in opposition of the resolution.
Tiffany Tarin commented in opposition of the resolution.
Sarkis Gevorkyan commented in opposition of the resolution.
Joshua Negrete commented in opposition of the resolution.
Rudy Negrete commented in opposition of the resolution.
Sheldon De Oliviera commented in opposition of the resolution.
Carlos De Oliviera commented in opposition of the resolution.
Dr. Dez Fedo- Reson commented in support of the resolution.
Stephanie James commented in opposition of the resolution.
Benal Valenzuela commented in opposition of the resolution.
Armen Poghosyan commented in opposition of the resolution.
Sabrina Aubrey commented in opposition of the resolution.
Brian Naveja commented in opposition of the resolution.
Rick Casas commented in opposition of the resolution.
Alex Torres commented in opposition of the resolution.
Mary Jane Rivera commented in opposition of the resolution.
Keith Schauwecker commented in opposition of the resolution.
Darrel Nickolaisen commented in opposition of the resolution.
Jeff Little commented on the resolution.
Rev. Brian Graley commented in support of the resolution.
Kelly Gregg commented in opposition of the resolution.
Cindy Del Angel commented in opposition of the resolution.
Fraces Schauwecker commented in opposition of the resolution.
Amy Dunlap commented in opposition of the resolution.
Meeting went into Recess
Meeting Reconvened
David Littlefield commented in support of the resolution.
A motion was made by Holland, seconded by Mayor Bennington, that this item be approved.
A substitute motion was made by Gregg, seconded by Swanson, that this item be approved as amended. The motion failed by the following vote:
Aye: 2- Swanson and Gregg
Nay: 3- Bird, Holland and Bennington
A motion was made by Holland, seconded by Mayor Bennington, that this item be approved as amended. The motion carried by the following vote:
Aye: 4- Bird, Holland, Gregg, and Bennington
Nay: 1 - Swanson
8. Cannabis Tax Rate Resolution
Recommended Action:
It is recommended that the Council review the report and resolution, then consider adopting Resolution No. 2022- 74 revising the percentage of tax to be assessed on commercial cannabis businesses.
Sponsors: City Attorney Pam K. Lee
City of Hesperia
Public comment in attendance:
Joshua Negrete commented on the item.
William Symborski commented on the item.
Gordon Sattro commented on the item.
Carlos De Oliviera commented on the item.
A motion was made by Holland, seconded by Mayor Bennington, that this item be approved as amended. The motion carried by the following vote:
Aye: 5 - Bird, Swanson, Holland, Gregg, and Bennington Nay: 0
COUNCIL COMMITTEE REPORTS AND COMMENTS
Meeting went into Recess
Meeting Reconvened
Council Member Swansoncommentedon the presentationhonoring Julia Swanson, the State of the City address, attendance at the Association of San Bernardino County Special Districts meeting and changes to the Brown act, SBCTA meeting attendance, need for blood donations, requested a report on housing being built in the City, the fall weather and wished everyone a safe Halloween..
Council Member Bird commented on the State of the City address and Shining Star recipients, master of ceremonies Martial Haprov, VVTA meeting attendance, Sultana High Schools Key game and Burroughs victories, and the beginning of fall.
CouncilMemberGreggcommentedon recognitionof his ShiningStarnomineeEddieCocheraat Stateof the City address, recognized Fire and the Sheriff's department, reminded people to drive safely Mayor Pro-Tem Holland commented on the State of the City address, his tenure on the Council, Agenda item 9, and his honor serving the City.
Mayor Bennington commented on cannabis discussion and items distributed, the State of the County address, High Desert Education Summit, State of the City address, attendance at Sun City Cruisers event, future MDAQMD meeting attendance, recognized City Council Member elect Allison Lee in the audience, thanked staff, Fire, and Sheriffs, promoted pet adoption at the shelter, and her daughter' s 20th birthday, and the passing of Addison Connelly.
CITY MANAGER/ CITY ATTORNEY/ STAFF REPORTS
None.
ADJOURNMENT
The meeting was adjourned in celebration of Carliegh Bennington's 20thbirthday and in memory of Addision Connelly at 10:43 p. m.
Je sica Heredia,
Deputy City Clerk
City of Hesperia