Staff Report to the Planning Commission
APP22-00005
November 10, 2022
therefore may only be amended by a subsequent ballot measure. As a result, there is no mechanism in the Development Code that authorizes an approval process for any extensions of time. Furthermore, the Development Code may not be modified to allow for such an approval process.
The Planning Commission does not have the authority to approve any discretionary extensions of time, nor do they have the authority to authorize an amendment to the Development Code to allow for such an approval process.
CONCLUSION
The Planning Commission does not have the authority to overturn the DRC denial of Tentative Tract Extension TTE22-00006. The Planning Commission must uphold the DRC’s denial of a third extension of time for Tentative Tract No. 17916.
ALTERNATIVE(S)
1. Refer this item to the City Council.
ATTACHMENTS
1. General Plan Map
2. Aerial Photo
3. DRC Denial Letter
4. Resolution No. PC-2022-21
APPLICANT(S): NV HESPERIA INVESTORS & DAYCO FUNDING
CORPORATION
FILE NO(S): APP22-00005
LOCATION: ON THE SOUTHWEST CORNER OF MOJAVE STREET AND TOPAZ AVENUE
APN(S):
0405-261-15 thru
18 & 27 thru 30)
PROPOSAL: AN APPEAL TO THE PLANNING COMMISSION TO OVERTURN THE DEVELOPMENT REVIEW COMMITTEE'S DECISION TO DENY TTE22-00006, A THIRD EXTENSION OF TIME FOR TENTATIVE TRACT NO. 17916
N
GENERAL PLAN
ATTACHMENT 1
Main St
SITE
APPLICANT(S): NV HESPERIA INVESTORS & DAYCO FUNDING
CORPORATION
FILE NO(S): APP22-00005
LOCATION: ON THE SOUTHWEST CORNER OF MOJAVE STREET AND TOPAZ AVENUE
APN(S):
0405-261-15 thru
18 & 27 thru 30)
PROPOSAL: AN APPEAL TO THE PLANNING COMMISSION TO OVERTURN THE DEVELOPMENT REVIEW COMMITTEE'S DECISION TO DENY TTE22-00006, A THIRD EXTENSION OF TIME FOR TENTATIVE TRACT NO. 17916
N
AERIAL PHOTO
ATTACHMENT 2
Main St
SITE
Brigit Bennington, Mayor 9700 Seventh Avenue Bill Holland, Mayor Pro Tem Hesperia, CA 92345 Cameron Gregg, Council Member
Rebekah Swanson, Council Member 760-947-1000 Larry Bird, Council Member TD 760-947-1119
Nils Bentsen, City Manager www.cityofhesperia.us Gateway to the High Desert
City of Hesperia
September 7, 2022
NV Hesperia Investors, LLC & Dayco Funding Corporation
Attn: Lynn Fetterly
1822 Sydney Leigh Lane
Henderson, NV 89074
RE: Consideration of TTE22 -00006, an extension of time request for Tentative Tract TT-17916 to create 177 single -family residential lots on 40.0 gross acres, and to allow an extension of time for approved Variance VAR09-10153 to eliminate the 500 square feet o f common usable open space for TT-17916, zoned Low Density Residential within the Main Street and Freeway Corridor Specific Plan, located on the southwest corner of Mojave Street and Topaz Avenue (Applicant: NV Hesperia Investors; APNs: 0405-261-15 thru 18 & 27 thru 30).
Dear Mr. Fetterly:
After reviewi ng all the information pertaining t o this application , it was the decision of the Development Review Committ ee to deny TTE2 2-00006 at its September 7, 2022 meeting due to the following:
• Pursuat to Section 17.08.040 (E) of the Hesperia Municipal Code “no extensions of time are allowed for residential subdivisions.”
Pursuant to Section 16.12.055 of the Hesperia Municipal Code , unless this decision is appealed to the Planning Commission by September 19, 2022, TTE22-00006 will stand denied on September 20, 2022. All appeals must be submitted on forms available at this office, along with the required fee.
If you have any questions, please contact me at (760) 947-1651.
Sincerely,
Ryan Leonard
Senior Planner
ATTACHMENT 4
RESOLUTION NO. PC-2022-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HESPERIA, CALIFORNIA, DENYING APPEAL APP2 2-00005, UPHOLDING
THE DEVELOPMENT REVIEW COMMITTEE'S DENIAL OF TENTATIVE
TRACT EXTENSION TTE22-00006, A THIRD EXTENSION OF TIME FO R TENTATIVE TRACT NO. 17916 LOCATED ON THE SOUTHWEST CORNER OF MOJAVE STREET AND TOPAZ AVENUE (APP22-00005)
WHEREAS, NV Hesperia Investors & Dayco Funding Corporation has filed an application requesting approval of Appeal APP22-00005, to overturn the Development Review Committee’s denial of Tentative Tract Extension TTE22 -00006, a third extension of time for Tentative Tract No. 17916 described herein (hereinafter referred to as "Application"); and
WHEREAS, the Application applies to a third extension of time for Tentative Tract No. 17916 to subdivide 40 gross acres into 177 single-family residential lots and consists of Assessor's Parcel Numbers 0405-261-15 thru 18 & 27 thru 30; and
WHEREAS, TT-17916 was originally approved by the Planning Commission on July 9, 2009; and
WHEREAS, in 2011, and 2013 the California Legislature passed assembly bills AB-208 and AB- 116 that automatically extend ed the expiration dates of tentative maps. These automatic extensions amounted to 4 years of automatic State extensions; and
WHEREAS, on May 19, 2016, the Development Review Committee (DRC) approved the first extension of time for TT-17916 that extended the tract for an additional 3 years; and
WHEREAS, on July 10, 2019, the Development Review Committee (DRC) approved the second extension of time for TT-17916 that extended the tract for an additional 18 months; and
WHEREAS, In 2020 the California Legislature passed Assembly Bill AB -1561 that granted an 18-month extension to residential entitlements that were otherwise du e to expire before the end of 2021; and
WHEREAS, TT-17655 was set to expire on July 21, 2022; and
WHEREAS, on September 7, 2022, the DRC denied a third extension of time for TT-17916; and
WHEREAS, this Application, as contemplated, proposes t o appeal the DRC’s denial of the extension of time for TT-17916; and
WHEREAS, the 40 gross acre site is currently vacant. Single-family residences exist to the north and to the west; the properties to the south and east are vacant; and
WHEREAS, the subject property is currently within the Low Density Residential (LDR) of the Main Street and Freeway Corridor Specific Plan; and
WHEREAS, in November 2020 a majority of voters of the City approved Ballet Measure N which made changes to the City General Plan, Main S treet and Freew ay Corridor Specific Plan , and City Municipal Code. Among other things, Measure N modified City Municipal Code Section
Resolution No. PC-2022-21
17.08.040 (E) to state that “ no extensions of time are allowed for r esidential subdivisions.” Measure N was approved by a ballot measure and therefore may only be amended by a subsequent ballot measure. As a result, the Planning Commission does not have the authority to approve any discretionary extensions of time; and
WHEREAS, denial of a project is exempt from the requirem ents of the California Environmental Quality Act; and
WHEREAS, on November 10, 2022, the Planning Commission of the City of Hesperia conducted duly noticed public hearings pertaining to the proposed Application, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RES OLVED BY THE CITY OF HESPER IA 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 present ed to the Planning Commission during the above-referenced November 10, 2022 hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:
(a) In November 2020 a majority of voters of the City approved Ballet Measure N which modified City Municipal Code Section 17.08.040 (E) to state that “no extensions of time are allowed for r esidential subdivi sions.” Measure N was approved by a ballot measure and therefore may only be amended by a subsequent ballot measure . As a res ult, the Planning Commission does not have the authority to approve any discretionary extensions of time.
Section 3. Based on th e findings and conclusions set forth in this Resolution, this Commission hereby denies Appeal AP P22-00005, denying Tentative Tract Extension TTE22-00006, causing Tentative Tract 17916 to expire.
Section 4. That the Secretary shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED on this 10th day of November 2022.
______________________________________ _______________________________ Roger Abreo, Chair, Planning Commission
ATTEST:
____________________________________
Maricruz Montes, Secretary, Planning Commission
City of Hesperia
STAFF REPORT
RECOMMENDED ACTION
(1) That the City Council hold a hearing on the proposed Resolution of Necessity ; and (2) adopt the Resolution of Necessity authorizing the commencement of eminent domain action to acquire the property located at Buckthorn Avenue, north of t he Hesperia Country Club and Golf Course in Hesperia, California, APN 0398-251-30-0000 (“Property”) (plat map attached as Attachment 1).
BACKGROUND/DISCUSSION
For over the past ten years, the City of Hesperia has leased and used the vacant Property as a driving range for the benefit of the public. The Property is adjacent to the Hesperia Country Club and Golf Course, which is open to the public . The owner of the Property, Mega Factors Ltd. (“Property Owner”), has indicated that it does not want to renew the lease of the Property with the City. The City seeks to continue using the Property as a driving range for public use, in addition to facilitating and expanding City park facilities (“Project”).
On or about December 24, 2021 , the City of Hesperia made a written offer to purchase the Property from the Property Owner, pursuant to Government Code Section 7267.2. The Property Owner did not accept the City’s offer.
On December 1, 2022, i n accordance with California Government Code Section 1245.235, the City gave notice to the P roperty Owner that the City Council would consider a R esolution of Necessity authorizing the acquisition of the Property by eminent domain. The notice informed the Property Owner of its right to appear at this hearing and be heard on the following issues:
1. W hether the public interest and necessity require the Project;
2. W hether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
3. W hether the acquisition of the Property is necessary for the Project;
4. W hether the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record, or has not been made because the owner cannot be located with reasonable diligence; and
5. W hether the offer required by Section 7267.2 of the Government Code was made in the form and substance required by law.
DATE: December 20, 2022
TO: Mayor and City Council
FROM: Nils Bentsen, City Manager
BY: Pam Lee, City Attorney
SUBJECT: Consider Adoption of Resolution of Necessity to Acquire Property located at Buckthorn Avenue, north of t he Hesperia Country Club and Golf Course in Hesperia, California, Assessor Parcel Number 0398-251-30-0000
Staff Report to the City Council
December 20, 2022
01071.0017/814559.2
While a hearing on a R esolution of Necessity is often referred to as a public hearing, the o nly notice required is 15 days ’ notice by regular mail to the property owner. No published notice is required.
The affirmative vote of two-thirds of all the members of the City Council, which in this case is four (4) affirmative votes, is required to adopt the Resolution of Necessity.
FINDINGS REQUIRED IN THE RESOLUTION OF NECESSITY
Public acquisition of private property by eminent domain for water facility, drainage, and open space purposes is authorized by Section 19 of Article I of the California Constitution, California Code of Civil Procedure Sections 1240.010 through 1240.050 and Sections 1240.410 through 1240.430, and Government Code Sections 37350, 37350.5, and 40404.
Pursuant to California Government Code Section 1240.030, the power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established:
(a) The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
(c) The property sought to be acquired is necessary for the project.
In addition, a Resolution of Necessity must include a finding that the offer required by Government Code Section 7267.2 has been made to the owner or owners of record, or the offer was not made because the owner could not be located with reasonable diligence.
In this case, public interest, convenience, and necessity require the Project, which consists of a public driving range to be used as part of the Hesperia Country Club and Golf Course. The Hesperia Country Club and Golf Course is owned by the City and open to the public for its use and enjoyment. Furthermore, the Project will include the expansion and preservation of open space for City park facilities, such as walking paths.
The Project is planned in the greatest public good and the leas t private injury. The Property currently exists as part of the public driving range, so no additional private property located elsewhere is required for said driving range. Additionally, the Project further minimizes adverse impacts on public views, public access, and recreation by being built on vacant, undeveloped land rather on existing residential uses . Other potential locations for the Project are technically infeasible or have greater adverse impacts.
Acquisition of the Property is necessary to the Project, as the public driving range cannot exis t without the Property and will promote and facilitate golf recreation for public benefit. As already stated, other potential locations for the Project are technically infeasible or have greater adverse impacts. In other words, without the Property, the Project cannot be constructed.
Lastly, t he City made an offer pursuant to Government Code Section 7267.2 to the Property Owner on or about December 24, 2021. The Property Owner’s representative did not accept the City’s offer, but indicated that they are obtaining an appraisal in order to provide the City with a
Staff Report to the City Council
December 20, 2022
01071.0017/814559.2
counteroffer. The City remains interested in negotiating with the Property Owner, and neither adoption of the Resolution of Necessity , nor the filing of an eminent domain case following adoption of the Resolution, will interfere with such negotiations. Acordingly, City staff recommends proceeding with the Resolution of Necessity to minimize delay in being able to proceed with the Project while remaining open to further negotiations.
After the City receives testimony and evidence from all interested parties, the City Council must make a determination as to whether to acquire the Property by eminent domain and adopt the proposed Resolution of Necessity (see Attachment 2). The City must make the above findings based upon all the evidence and the existence of the above stated conditions.
If this action is approved by the City Council, the City Attorney will be instructed to take all steps necessary to commence legal proceedings in a court of competent jurisdiction to acquire the Property by eminent domain. Counsel will also be directed to seek and obtain an order of prejudgment possession in accordance with the provisions of the eminent domain law so that the City may proceed with the Project while eminent domain proceedings are pending in the court.
COMPLIANCE WITH CEQA
The City has determined the Project for which the Property is being acquired is exempt from the California Environmental Quality Act.
FISCAL IMPACT
The cost of acquisition of the Property will be funded by use of General Fund Reserves. A budget amendment will be presented to the City Council during the quarterly budget review.
ATTACHMENTS
1. Plat Map
2. Resolution 2022-85 Resolution of Necessity for APN 0398-251-30-0000
Staff Report to the City Council
December 20, 2022
01071.0017/814559.2
ATTACHMENT 1
Plat Map
ATTACHMENT 1
Plat Map
01071.0017/814560.1
RESOLUTION NO. 2022-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND NECESSITY
REQUIRE ACQUISITION OF THE FEE SIMPLE INTEREST IN REAL
PROPERTY KNOWN AS ASSESSOR'S PARCEL NO. 0398-251-30-0000 WHEREAS, for the public purposes set forth herein, the City of Hesperia, California is authorized to acquire property through the exercise of eminent domain pursuant to Section 19 of Article 1 of the California Constitution, Section 1240.010 through 1240.050 of the California Code of Civil Procedure, and Sections 37350, 37350.5, and 37361 of the California Government Code; and
WHEREAS, for over ten years, the City of Hesperia has leased and used the vacant property located at Buckthorn Avenue, north of and adjacent to the Hesperia Country Club and Golf Course in Hesperia, California, Assessor Parcel Number 0398 -251-30-0000 (“Property”); and
WHEREAS, the City of Hesperia has used the Property throughout the course of the lease as a driving range for the benefit of the public for those patrons of t he Hesperia Country Club and Golf Course, which is open to the public; and
WHEREAS, the Property is sought for the purpose of continuing the operation of a driving range as part of the Hesperia Country Club and Golf Course , in addition to facilitating construction of public walking paths (“Project”); and
WHEREAS, in order to carry out the principal purpose of the Project and continue use of the Property as a driving range for golf recreation , it is necessary for the City o f Hesperia to acquire the fee simple interest in the Property; and
WHEREAS, the Property the City seeks to acquire is described in Exhibit “A” which is attached hereto and incorporated by this reference, and depicted on the map attached hereto as Exhibit “B” which is incorporated by this reference; and WHEREAS, on or about December 24, 2021, the City made a written offer to acquire the Property to the record owner at an amount that was not l ess than the appraised fair market value, in compliance with Govern ment Code Section 7267.2(a), and the owner of the Property has not accepted said offer or otherwise conveyed the Property to the City as of the date of this Resolution; and
WHEREAS, on December 1, 2022, a Notice of Intent to Adopt a Resolution of Necessity for Acquisition of the Property identified as Assessor’s Parcel No. 0398-251-30-0000 (a copy of which is attached hereto as Exhibit “C” and incorporated by this reference) was mailed to all persons whose names appear on the last equalized County Assessme nt Roll as having an ownership interest in the Property, and to the address appearing on said Roll , which Notice of Hearing advised said persons of their right to be heard on the matters re ferred to therein on the date and at the time and place stated therein; and
WHEREAS, the hearing that was the subject of said Notice of Hearing was held on December 20, 2022, at the time and place stated therein and all interested parties were given an opportunity to be heard on the following matters:
2 01071.0017/814560.1
(a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in a manner which is injury; (c) Whether the Property proposed to be acquired is necessary for the Project;
(d) Whether an offer meeting the requirements of Gove rnment Code Section 7267.2 has been made to the owner or owners of record;
(e) Whether all other prerequisites for the exercise of eminent domain to acquire the Property have been met; and
WHEREAS, the City Council, as a result of such hearing, has determi ned that the public health, safety, and welfare require the City to acquire the Property for the stated purposes; and NOW THEREFORE, BE IT RESOLVED , that the City Council hereby does find, determine, and declare based upon evidence presented to it as follows:
Section 1. The staff report presented regarding this matter at the December 20, 2022 hearing is incorporated herein by this reference. The facts referenced in this Resolution and the staff report , and specifically the recitals above , are found to be true and are incorporated herein by this reference. The findings made by the City Council herein are supported by substantial evidence contained in the record of this proceeding.
Section 2. The Property to be acquired is located within the City of Hesperia, County of Riverside, State of California, Assessor's Parcel No. 0398 -251-30-0000, described in Exhibit “A” and depicted in Exhibit “B”.
Section 3. The public interest, convenience, an d necessity require the Project. The Project consists of an existi ng public driving range to be used as part of the Hesperia Country Club and Golf Course. The Hesperia Country Club and Golf Course is owned by the City and open to the public for its use a nd enjoyment. Furthermore, the Project will include the expansion and preservation of open space for City park facilities, such as walking paths.
Section 4. The Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury. The Property currently exists as part of the public driving range, so no additional private property located el sewhere is required for said driving range. Additionally, the Project further minimizes adverse impacts on public views, public access, and recreation by being built on vacant, undeveloped land rather on existing residential uses . Other potential locatio ns for the Project are technically infeasible or have greater adverse impacts. Properties adjacent to the Hesperia Country Club and Golf Course are already developed with single family residences or contain steep slopes.
Section 5. The acquisition of the Property is necessary for the Project , as the public driving range cannot exist without the Property and will promote and facilitate golf recreation fo r public benefit. As alre ady stated, other potential locations for the Project are technically infeasible or have greater adverse impacts. In other words, without the Property, the Project cannot be constructed. Acquisition of the Property is expressly authorized by Section 19 o f Article 1 of the California Constitution, California Code of Civil Procedure Sections 1240.010 through 1240.050 and Government Code Sections 37350, 37350.5, and 37361.
3 01071.0017/814560.1
Section 6. The offer required by Government Code Section 7 267.2 has been made to the owners of record of the Property, on or about December 24, 2021, and the owners of record of the Property have not accepted the City’s offer or made an acceptable counter offer.
Section 7. The City hereby declares its intent to a cquire the Property descri bed in Exhibit “A” in the City’s name, in accordance with the provisions of the law of the State of California and finds that all conditions, statutory requirements and prerequisites to the exercise of eminent domain to acquire the Property described herein and the Project have been complied with by the City.
Section 8. The law firm of Aleshire & Wynder, LLP, is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property in accordance with the provisions of the California Eminent Domain Law and the Constitution of California. Said counsel are also authorized and directed to obt ain any necessary order of the Court granting the City the right of immediate possession and occupancy of the Property.
4 01071.0017/814560.1
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Hesperia this 20th day of December 2022.
________________________________
Brigit Bennington, Mayor
ATTEST:
____________________________
Erin Baum, Assistant City Clerk
5 01071.0017/814560.1
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF HESPERIA )
I, MELINDA SAYRE , City Clerk of the City of Hesperia, California, do hereby cer tify that Resolution No. 2022-__ was ado pted by the City Council of the City of Hesperia at a regular meeting held on the 20th day of December, 2022 , and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MELINDA SAYRE
CITY CLERK
6 01071.0017/814560.1
EXHIBIT “A”
Legal Description
All that certain real property situated in the County of San Bernardino, State of California, described as follows:
PARCEL "F" OF CERTIF ICATE OF COMPLIANCE NO. MA 10-10104 RECORDED APRIL 22, 2010 AS INSTRUMENT NO. 2010 -156015 AND MAY 4, 2010 AS INSTRUMENT NO. 2010 - 174914 OF BOTH OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL 1 OF PARCEL MAP NO. 7601, IN THE CITY OF HESPERIA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 79, PAGE(S) 99 AND 100 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND A PORTION OF PARCEL 3 OF PARCEL MAP NO. 3585, IN THE CITY O F HESPERIA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 33, PAGE 27 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT A HALF INCH IN DIAMETER IRON PIPE TAGGED RCE 6820 AND SAID PIPE BEING THE MO ST NORTHERLY CORNER OF SAID PARCEL 1 AND AN ANGLE
POINT BETWEEN THE NORTHWESTERLY AND NORTHEASTERLY LINES OF SAID PARCEL 1 AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 79° 44' 54" EAST 630.98 FEET ALONG SAID NORTHEASTERLY LINE; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 10° 15' 06" WEST 217.29 FEET; THENCE SOUTH 87° 57' 54" WEST 37.66 FEET;
THENCE SOUTH 33° 54'07" WEST 152.34 FEET;
THENCE NORTH 79° 44' 54" WEST 404.48 FEET;
THENCE SOUTH 64° 50* 00" WEST 685.00 FEET TO A POINT ON THE SOU THERLY LINE OF SAID PARCEL 1;
THENCE NORTH 56° 22' 32" WEST 163.69 FEET ALONG SAID SOUTHERLY LINE; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 64° 58* 39" WEST 45.67 FEET TO A POINT ON SAID SOUTHERLY LINE;
THENCE ALONG THE B OUNDARIES OF SAID PARCEL 1 , SOUTH 28°26' 57" WEST A DISTANCE OF 300.91 FEET TO AN ANGLE POINT ON SAID SOUTHERLY LINE; THENCE NORTH 76° 19' 22" WEST 446.38 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1;
7 01071.0017/814560.1
THENCE NORTH 16° 49' 33" WEST ALONG THE WEST LIN E OF SAID PARCEL 1 A DISTANCE OF 169.87 FEET MORE OR LESS TO A ONE INCH IN DIAMETER IRON PIPE TAGGED LS 3980 BEING THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE NORTH 73°09' 52" EAST 269.66 FEET ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1 TO A TANGENT CURVE, CONCAVE NORTHWESTE RLY AND HAVING A RADIUS OF 529.92 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8° 19' 51", AN ARC DISTANCE OF 77.05 FEET;
THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE NORTH 64° 50' 00" EAST A DISTANCE OF 1058.67 FEET TO A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 531.82 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 12" 49", AN ARC DISTANCE OF 85.52 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM AN UNDIVIDED 1/2 I NTEREST IN AND TO ALL OIL, GAS, AND MINERALS, LYING AND BEING MORE THAN 200 FEET BELOW THE RESPECTIVE
PRESENT SURFACE ELEVATIONS OF THE ABOVE DESCRIBED PROPERTY, PROVIDED, HOWEVER, THAT SUCH EXCEPTED OWNERSHIP OF SUCH 1/2 INTEREST IN AND TO
SUCH OIL, GAS, AND MINERALS DOES NOT INCLUDE, AND SHALL NOT BE CONSTRUED
TO INCLUDE, ANY RIGHT OF ENTRY UPON ANY PART OF THE SURFACE OF THE
HEREIN DESCRIBED PROPERTY FOR THE PURPOSE OF EXPLORATION,
DEVELOPMENT, DRILLING, STORAGE, OR OTHER ACTIVI TY ANCILLARY TO THE
REMOVAL OF SUCH OIL, GAS, OR MINERALS, AS EXCEPTED IN THAT CERTAIN DEED FROM THE APPLETON LAND, WATER AND POWER COMPANY, TO N. K. MENDELSOHN, ET AL., RECORDED JUNE 11, 1954 IN BOOK 3400, PAGE 409 OF OFFICIAL RECORDS.
APN: 0398-251-30
8 01071.0017/814560.1
EXHIBIT “B”
Plat Map
9 01071.0017/814560.1
EXHIBIT “C”
Notice of Intent to Adopt a Resolution of Necessity
[on following pages]
01071.0017/815921.1
City of Hesperia
STAFF REPORT
DATE: December 20, 2022
TO: Mayor and City Council Members
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Pam Lee, City Attorney
SUBJECT: Consider Adoption of Resolution of Necessity to Acquire Property located North of Yucca Terrace Drive abutting the California Aqueduct in Hesperia, California 92344, APN 3064-461-03-0-000
RECOMMENDED ACTION
(1) That the City Council hold a hearing on the proposed Resolution of Necessity and (2) adopt the Resolution of Necessity authorizing the commencement of eminent domain action to acquire the property located North of Yucca Terrace Drive abutting the California Aqueduct in Hesperia, California 92344, APN 3064-461-03-0-000 (“Property”).
BACKGROUND
The City of Hesperia seeks to create a water retention basin to attenuate surface runoff during rainfall events and/or a sewer lifts station needs to be constructed on the Property (the “Project”).
On September 19, 2022, the City of Hesperia made a written offer in compliance with Government Code Section 7267.2 to purchase the Property, to which the property owners, Seung D. Hong and Byng S. Hong (“Property Owners”), did not respond.
On December 1, 2022 , in accordance with California Government Code Section 1245.235, the City gave notice to the Property Owners that the City Council would consider a Resolution of Necessity authorizing the acquisition of the Property by eminent domain. The notice informed the Property Owners of their right to appear at this hearing and be heard on the following issues:
1. W hether the public interest and necessity require the Project;
2. W hether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
3. W hether the acquisition of the Property is necessary for the Project;
4. W hether the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record, or has not been made because the owner cannot be located with reasonable diligence; and
5. W hether the offer required by Section 7267.2 of the Government Code was made in the form and substance required by law.
While a hearing on a R esolution of Necessity is often referred to as a public hearing, the only notice required is 15 days’ notice by regular mail to the property owners. No published notice is required.
Staff Report to the Mayor and City Council Members
Water Retention Basin – Resolution No. 2022-86
December 20, 2022
The affirmative vote of two-thirds of all the members of the City Council, which in this case is four (4) affirmative votes, is required to adopt the Resolution of Necessity.
FINDINGS REQUIRED IN THE RESOLUTION OF NECESSITY
Public acquisition of private property by eminent domain for water facility, wastewater facilities and drainage purposes is authorized by Section 19 of Article I of the California Constitution, California Code of Civil Procedure Sections 1240.010 through 1240.050 and Sections 1240.410 through 1240.430, and Government Code Sections 37350, 37350.5, and 40404.
Pursuant to California Government Code Section 1240.030, the power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established:
(a) The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
(c) The property sought to be acquired is necessary for the project.
In addition, a Resolution of Necessity must include a finding that the offer required by Government Code Section 7267.2 has been made to the owner or owners of record, or the offer was not made because the owner could not be located with reasonable diligence.
In this case, public interest, convenience, and necessity require the Project, for construction and development of a water retention basin and a sewer lift station to address water and climate issues. Through the Project, the City will be able to provide more residents and businesses with wastewater treatment through a sewer lift station. A minority percentage of land within the City’s boundaries is currently served by a sewer system, while the remaining portion is either undeveloped or served by on-site systems (i.e. septic tanks). With the increase in population over the past few decades, which is expected to continue in the future, sewer system capacity is required to serve the population. Accordingly, a sewer lift station is necessary to meet the growing demands of wastewater treatment. Furthermore, proper drainage systems through a water retention basin are necessary to prevent erosion and improve groundwater supply.
The Project is planned in the greatest public good and the leas t private injury. The Property is currently vacant and undeveloped. The current topography of the Property , with its significant downward slope on part of the land, and surrounding area make it an ideal location for a water retention basin and/or a sewer lift station . A dditionally, the Project further minimizes adverse impacts by being built on undeveloped land rather on existing residential uses. Other potential locations for the Project are technically infeasible or have greater adverse impacts.
Acquisition of the Property is necessary to the Project, as the location of the Property make it an ideal location to construct a water retention basin and/or sewer lift station. As already stated, other potential locations for the Project are technically infeasible or have greater adverse impacts.
In other words, without the Property, the Project cannot be constructed.
Lastly, t he City made an offer pursuant to Government Code Section 7267.2 to the Property Owners on or about September 19, 2022. The Property Owners have not responded. Acordingly, City staff recommends proceeding with the Resolution of Necessity to minimize delay in being able to proceed with the Project.
Staff Report to the Mayor and City Council Members
Water Retention Basin – Resolution No. 2022-86
December 20, 2022
After the City receives testimony and evidence from all interested parties, the City Council must make a determination as to whether to acquire the Property by eminent domain and adopt the proposed Resolution of Necessity (see Attachment 2). The City must make the above findings based upon all the evidence and the existence of the above stated conditions.
If this action is approved by the City Council, the City Attorney will be instructed to take all steps necessary to commence legal proceedings in a court of competent jurisdiction to acquire the Property by eminent domain. Counsel will also be directed to seek and obtain an order of prejudgment possession in accordance with the provisions of the eminent domain law so that the City may proceed with the Project while eminent domain proceedings are pending in the court.
FISCAL IMPACT
The cost of acquisition of the Property will be funded by use of Sewer Capital Reserves. A budget amendment will be presented to the City Council during the quarterly budget review.
ATTACHMENTS
1. Plat Map
2. Resolution 2022-86 Resolution of Necessity for APN 3064-461-03-0-000
PLAT MAP
01071.0017/815920.1
RESOLUTION NO. 2022-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND NECESSITY
REQUIRE ACQUISITION OF THE FEE SIMPLE INTEREST IN REAL
PROPERTY KNOWN AS ASSESSOR'S PARCEL NO. 3064-461-03-0-000 WHEREAS, for the public purposes set forth herein, the City of Hesperia, California is authorized to acquire property through the exercise of eminent domain pursuant to Section 19 of Article 1 of the California Constitution, Section 1240.010 through 1240.050 of the California Code of Civil Procedure, and Sections 37350, 37350.5, and 37361 of the California Government Code; and
WHEREAS, the “Project” for the purposes of this acquisition is the development, construction, and maintenance of a water retention basin to attenuate surface runoff during rainfall events and/or a sewer lifts station; and
WHEREAS, in order to carry out and make effective the principal purpose of the Project, it is necessary for the City of Hesperia to acquire the fee simple interest in certain privately-owned real property located North of Yucca Terrace Drive abutting the California Aqueduct in Hesperia, California 92344, APN 3064-461-03-0-000 (“Property”); and WHEREAS, the Property the City seeks to acquire is described in Exhibit “A” which is attached hereto and incorporated by this reference, and depicted on the diagram attached hereto as Exhibit “B” which is incorporated by this reference; and WHEREAS, on or about September 19, 2022 the City made a written offer to acquire the Property to the record owners at an amount that was not less than the appraised fair market value in compliance with Government Code Section 7267.2(a), and the owners of the Property have not accepted said offer or otherwise conveyed the Property to the City as of the date of this Resolution; and
WHEREAS, on December 1, 2022 a Notice of Intent to Adopt a Resolution of Necessity for Acquisition of the fee simple interest in certain real property identified as Assessor’s Parcel Nos. 3064-461-03, 3039-431-01, and 0398-251-30 (a copy of which is attached hereto as Exhibit “C” and incorporated by this reference) was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an ownership interest in th e Property, and to the address appearing on said Roll, which Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and
WHEREAS, the hearing that was the su bject of said Notice of Hearing was held on December 20, 2022, at the time and place stated therein and all interested parties were given an opportunity to be heard on the following matters:
(a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the Property proposed to be acquired is necessary for the Project;
2 (d) Whether an offer meeting th e requirements of Government Code Section 7267.2 has been made to the owner or owners of record;
(e) Whether all other prerequisites for the exercise of eminent domain to acquire the Property have been met; and
WHEREAS, the City Council, as a result of suc h hearing, has determined that the public health, safety, and welfare require the City to acquire the Property for the stated purposes; and NOW THEREFORE, BE IT RESOLVED , that the City Council hereby does find, determine, and declare based upon evidence presented to it as follows:
Section 1. The staff report presented regarding this matter at the December 20, 2022 hearing is incorporated herein by this reference. The facts referenced in this Resolution and the staff report, and specifically the recitals above, are found to be true and are incorporated herein by this reference. The findings made by the City Council herein are supported by substantial evidence contained in the record of this proceeding.
Section 2. The Property to be acquired is located within the City of Hesperia, County of San Bernardino, State of California, Assessor's Parcel No. 3064-461-03-0-000, described in Exhibit “A” and depicted in Exhibit “B”.
Section 3. The public interest, convenience, and necessity require the Project for construction and development of a water retention basin and a sewer lift station to address water and climate issues . Through the Project, the City will be able to provide more residents and businesses with wastewater treatment through a sewer lift station. A minority percentage of land within the City’s boundaries is currently served by a sewer system, while the remaining portion is either undeveloped or served by on -site systems (i.e. septic tanks). With the increase in population over the past few decades, which is expected to continue in the future, sewer system capacity is required to serve the population. Accordingly, a sewer lift station is necessary to meet the growing demands of wastewater tr eatment. Furthermore, proper drainage systems through a water retention basin are necessary to prevent erosion and improve groundwater supply.
Section 4. The Project is planned in the manner which will be the most compatible with the greatest public go od and the least private injury. The Property is currently vacant and undeveloped. The current topography of the Property, with its significant downward slope on part of the land, and surrounding area make it an ideal location for a water retention basin and/or a sewer lift station. Additionally, the Project further minimizes adverse impacts by being built on undeveloped land rather on existing residential uses. Other potential locations for the Project are technically infeasible or have greater adverse impacts.
Section 5. Acquisition of the Property is necessary to the Project, as the location of the Property make it an ideal location to construct a water retention basin and/or sewer lift station.
As already stated, other potential locations for the P roject are technically infeasible or have greater adverse impacts. In other words, without the Property, the Project cannot be constructed.
Acquisition of the Property is expressly authorized by Section 19 of Article 1 of the California Constitution, Cali fornia Code of Civil Procedure Sections 1240.010 through 1240.050 and Government Code Sections 37350, 37350.5, and 37361.
3 Section 6. The offer required by Government Code Section 7267.2 has been made to the owners of record of the Property, by way of letter dated September 19, 2022, and the owners of record of the Property have not accepted the City’s offer or made an acceptable counter offer.
Section 7. The City hereby declares its intent to acquire the Property described in Exhibit “A” in the City’s name, in accordance with the provisions of the law of the State of California and finds that all conditions, statutory requirements and prerequisites to the exercise of eminent domain to acquire the Property described herein and the Project have been complied with by the City.
Section 8. The law firm of Aleshire & Wynder, LLP, is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property in accordance with the provisions of the California Eminent Domain Law and the Constitution of California. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of immediate possession and occupancy of the Property.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Hesperia this 20th day of December, 2022.
________________________________
Brigit Bennington, Mayor
ATTEST:
____________________________
Erin Baum, Assistant City Clerk
4 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF HESPERIA )
I, ERIN BAUM, City Clerk of the City of Hesperia, California, do hereby certify that Resolution No. _________________________ was adopted by the City Council of the City of Hesperia at a regular meeting held on the __ day of _____, 202 2, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
ERIN BAUM
ASSISTANT CITY CLERK
5 EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF HESPERIA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE A ND MERIDIAN, IN THE CITY OF HESPERIA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 5 WEST, SAN BERNARDINO BA SE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST ¼ CORNER OF SAID SECTION 15; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST ¼ SOUTH 89° 51' 40" WEST, 2639.59 FEET TO THE WESTERLY LINE OF SAID NORTHEAS T ¼; THENCE ALONG SAID WESTERLY LINE NORTH 0° 48' 50" WEST, 1323.45 FEET TO THE NORTHERLY LINE OF SAID SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 15, AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE NORTH 89° 52' 12" EAST, 1321.76 FEET TO T HE EASTERLY LINE OF SAID SOUTHWEST ¼; THENCE ALONG SAID EASTERLY LINE SOUTH 0° 43' 44" EAST, 1195.49 FEET; THENCE NORTH 60° 19' 53" WEST 254.22 FEET; THENCE NORTH 44° 50' 07" WEST, 794.29 FEET; THENCE NORTH 55° 02' 01" WEST, 410.04 FEET; THENCE SOUTH 34° 5 7' 59" WEST, 369.76 FEET TO SAID WESTERLY LINE OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼; THENCE ALONG SAID WESTERLY LINE NORTH 0° 48' 50" WEST, 571.40 FEET TO THE TRUE POINT OF BEGINNING.
APN: 3064-461-03-0-000
6 EXHIBIT “B”
PLAT MAP
7 EXHIBIT “C”
NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY
[on following pages]
THIS PAGE LEFT INTENTIONALLY BLANK
City of Hesperia
STAFF REPORT
DATE: December 20, 2022
TO: Mayor and City Council Members
FROM: Nils Bentsen, City Manager
BY: Melinda Sayre, Director of Government Services/City Clerk SUBJECT: City Council Appointments to Outside Agencies
RECOMMENDED ACTION
It is recommended that the City Council follow past practice and appoint liaisons (both primary and alternate) to various outside agencies for a one-year period to commence in January 2023.
BACKGROUND
Historically, the Council has reviewed the liaison assignments (b oth primary and alternate) to various outside agencies and City advisory committees on an annual basis. The City Council currently has representatives on the following:
League of California Cities (Annual Conference September 20-23, 2023 Sacramento, SAFE Credit Union Convention Center)
The League of California Cities is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence state policy decisions that affect cities.
2022 Primary/Alternate Representatives: No appointments made for 2021
League of California Cities – Desert Mountain Division (Bi-monthly, 3rd Friday, no compensation)
The Committee participates in policy development and carrie s out grassroots activities in support of the League’s legislative, regulatory, and ballot measure goals.
Mojave Desert Air Quality Management District (MDAQMD) (Monthly, 4th Monday, 10 a.m. , $100/meeting compensation, requires Form 700 filing)
MDAQMD is a public agency that provides citizens with important information regarding the Mojave Desert’s past and current quality of air. Their m ission is to enforce the Clean Air Act, and attain and maintain a healthful environment while supporting strong and sust ainable economic growth.
2022 Primary/Alternate Representatives: Bennington/Gregg
San Bernardino County Transportation Authority (SBCTA) (Formerly SANBAG) (Monthly, 1st Wednesday, 10:00 a.m., $200/meeting compensation, requires Form 700 filing) SBCTA is the council of governments and transportation planning agency for San Bernardino County responsible for cooperative regional planning and furthering an efficient multi -modal transportation system countywide.
Staff Report to the Mayor and Council
City Council Appointments to Outside Agencies
December 20, 2022
As the County Transportation Commission, SBCTA supports freeway construction projects, regional and local road improvements, train and bus transportation, railroad crossings, call boxes, ridesharing, congestion management efforts and long -term planning studies. SBCTA administers Measure I, the half-cent transportation sales tax approved by county voters in 1989 and reauthorized in 2007.
2022 Primary/Alternate Representatives: Swanson/Bird
San Bernardino County Transportation Authority (SBCTA) (Formerly SANBAG) Mountain Desert Measure I Committee (Monthly, 3 rd Friday, 9 :30 a.m., $100/meeting compensation , requires Form 700 filing)
The Committee reviews the Measure I Mountain / Desert Region Expenditure Plan and makes policy recommendations to the SBCTA Board.
2022 Primary/Alternate Representatives: Swanson/Bird
San Bernardino County Solid Waste Task Force (Semi-Annual April & October , no compensation)
The Task Force carries out responsibilities mandated by the California Integrated Waste Management Act (1989) and makes recommendations to the County o n other solid waste related matters. For the last year, the City Manager has designated the alternate representative as a City staff member.
2022 Primary/Alternate Representatives: Staff Appointee/Gregg
Victor Valley Economic Development Authority (VVE DA) (3rd Wed. in Jan., March, Sept., 4:30 p.m., $50/meeting compensation by request, requires Form 700 filing) VVEDA is a joint powers authority, and was established for the purpose of providing economic development in and around the former George Air Forc e Base. Five jurisdictions oversee the economic development of the area, which include: the cities of Victorville, Hesperia and Adelanto, the Town of Apple Valley and the County of San Bernardino. VVEDA totals approximately 60,000 acres and is administere d by the City of Victorville. The unincorporated portion of VVEDA i s approximately 16,000 acres. VVEDA is currently in its eighth amendment, in which approximately 30,236 acres are being added.
2022 Primary/Alternate Representatives: Bennington/Swanson
Victor Valley Transit Authority (VVTA) (Monthly, 3 rd Monday, 9:30 a.m. , $125/meeting compensation, requires Form 700 filing)
VVTA operates local fixed -route, county commuter, and ADA complementary paratransit bus services in the Victor Valley area. It has a maintenance facility located in Hesperia. VVTA was established through a Joint Powers Authority in 1991. The JPA includes the five cities of Adelanto, Apple Valley, Barstow, Hesperia and Victorville and the certain unincorporated portions of the County of San Bernardino.
2022 Primary/Alternate Representatives: Bird/Gregg
Staff Report to the Mayor and Council
City Council Appointments to Outside Agencies
December 20, 2022
Victor Valley Wastewater Reclamation Authority (VVWRA) (Monthly, 3 rd Thursday, 7:30 a.m., $100/meeting compensation, requires Form 700 filing) VVWRA was originally formed by the Mojav e Water Agency to help meet the requirements of the federal Clean Water Act and provide wastewater treatment for the growing area. The original treatment plant, with supporting pipelines and infrastructure, began operating in 1981, providing tertiary level treatment for up to 4.5 million gallons per day (MGD). The VVWRA is now a joint powers authority and public agency of the state of California and now treats approximately 14 MGD of wastewater.
2022 Primary/Alternate Representatives: Holland/Bird
Greater High Desert Chamber of Commerce (Weekly Coffee, Fridays, 7:15 a.m..; Monthly, Luncheon, 3rd Monday, noon, no compensation)
The Chamber is an independent organization that represents the interests of business to legislators, provides a variety of service s to businesses, and promotes positive community development. The objective is to promote the common economic interest of the businesses serving the Hesperia Community.
2022 Primary/Alternate non-voting liaison: Bennington/Bird
Tri-Agency Committee (Monthly, 2nd Wednesday, 3:30 p.m., no compensation) The Tri-Agency Committee is comprised of representatives from the City of Hesperia, Hesperia Recreation and Park District and the Hesperia Unified School District and has been meeting since 1995 to discuss i ssues relating to the three agencies and the community. No primary or alternate roles.
2022 Co-Representatives (Primary/Alternate): Bennington/Bird and Swanson
City Council Advisory Committee (2nd Wednesday, 6:00 p.m., Jan, Apr, Jul, Oct, no compensation)
The City Council Advisory Committee is an advisory resource and as directed by the City Council and may review the Capital Improvement Project Plan (CIP) and provides recommendations to the Council regarding the use of Community Development Block Grant (CDBG) funds and other applicable financing programs. No alternate role.
2022 Liaison (Primary/Alternate): Bennington/Gregg
ISSUES/ANALYSIS
Individual City Council appointments are designed to help facilitate a better flow of information between the City Council, various outside agencies and staff. The recommended action follows past practice and allows an opportunity for reassignments as needed.
FISCAL IMPACT
There is no fiscal impact associated with this item.
ALTERNATIVE(S)
Staff Report to the Mayor and Council
City Council Appointments to Outside Agencies
December 20, 2022
1. Provide alternative direction to staff.
ATTACHMENTS
1. 2022 Appointment Summary
City of Hesperia
2022 City Council Outside Agency & Committee Appointments
Agency/Committee Name Representatives Regular Meeting Schedule Location/ Contact League of California Cities(LOCC)
Inland Empire & Desert Mountain
Division
Primary –
Alternate –
*no appointment was
made 12/21/21
3rd Friday bi-monthly at 10 a.m.
Feb – Palmdale
April – Bishop
June – Mammoth Lakes
August – Big Bear Lake
Oct – Long Beach
November - TBD
League of California Cities, 1400 K Street, Suite 400,
Sacramento 95814, (916)658-8200 / (916)658-8240 (fax)
Laura Morales – (909)275-4110; [email protected]
Staff Appt - TBD
Mojave Desert Air Quality
Management District (MDAQMD)
Primary – Bennington
Alternate – Gregg
Monthly, 4th Monday, 10:00
a.m.
14306 Park Ave., Victorville
Deanna Hernandez, Senior Executive Analyst, (760)245-
1661 x6244 [email protected]
San Bernardino County
Transportation Authority
(SBCTA)
Primary – Swanson
Alternate – Bird
Monthly, 1st Wednesday, 10:00
a.m.
1170 W Third St, 2nd Floor Lobby Board Room
San Bernardino 92410
Ashley Izard, Deputy Clerk of the Board
(909)884-8276, [email protected]
Mountain/Desert Policy
Committee
Monthly, 3rd Friday, 9:30 a.m.
Mojave Desert Air Quality Management District
14306 Park Avenue, Victorville, 92392
San Bernardino County Solid
Waste Task Force
Primary – Gregg
Alternate - Staff
Jamie/Marissa
April & October Sam J Racadio Library Environmental Learning Center 7863 Central Ave. Highland CA 92346
Rhiannon Garza, Analyst, (909)386-8752
[email protected]
Victor Valley Economic
Development Authority (VVEDA)
Primary – Bennington
Alternate – Swanson
3rd Wednesday in January,
March, September at 4:30 p.m.
Location: SCLA Theatre, 18374 Phantom Victorville, 92394 Mail to: 14343 Civic Dr., Victorville CA 92392
Jennifer Thompson, Secretary to the Board
(760)243-4773 [email protected]
Victor Valley Transit Authority
(VVTA)
Primary – Bird
Alternate – Gregg
Monthly, 3rd Monday, 9:30 a.m.
VVTA Conference Room A127 (Every 3rd meeting in
Barstow). 17150 Smoke Tree St., Hesperia CA 92345
Debi Lorrah, Clerk, (760)948-3262 x112;
[email protected]
Victor Valley Wastewater
Reclamation Authority (VVWRA)
Primary – Holland
Alternate – Bird
Monthly, 3rd Thursday, 7:30 a.m.
20111 Shay Rd., Victorville CA 92394
Kristi Casteel, (760)246-2896 x112 [email protected]
Greater High Desert Chamber of
Commerce Liaison
Primary – Bennington
Alternate – Bird
Weekly Coffee, Friday 7:15 a.m.
Monthly Luncheon, 3rd Monday
12:00 p.m.
14321 Main St, CA Hesperia 92345
Christy Harris, Office Manager, (760)244-2135
[email protected]
Tri Agency Committee
Primary – Bennington/
Bird
Alternate –Swanson
Monthly, 2nd Wednesday, 3:30
p.m.
Location rotates on an annual basis
Council Liaison to Advisory &
Internal Committees
City Council Advisory Committee Primary – Bennington
Alternate – Gregg
Jan, April, July & Oct, 2nd
Wednesday, 6:00 p.m.
City Council Chambers – Erin Baum
Updated January 2022