City of Hesperia
Meeting Minutes ‑ Draft
City Council
Tuesday, December 20, 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 ‑ 5:30 PM
Roll Call
Present: 5 ‑ Mayor Pro Tem Bird, Council Member Swanson, Council Member Gregg, Mayor Bennington and Council Member Lee
Conference with Legal Counsel – Existing Litigation, Government Code Section 54956.9(d)1
1. Apex HM, LLC, et al. v. City of Hesperia (SBSC Case No. CIVSB2208845) Conference with Real Property Negotiators – Property Negotiations Government Code Section – 54956.8
1. Negotiating Parties: City of Hesperia and Mega Factors, Ltd., Location: APN 0398‑251‑30‑0000, 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 ‑ Mayor Pro Tem Bird, Council Member Swanson, Council Member Gregg, Mayor Bennington and Council Member Lee
D. Agenda Revisions and Announcements by City Clerk
None
E. Closed Session Reports by City Attorney
No reportable action.
ANNOUNCEMENTS/PRESENTATIONS
1. Presentation to Residential Christmas Decorating Contest Winner.
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Bob Nelson commented on speaking limits.
Daniel Krist spoke on community issues.
Kim Jones commented on community issues.
Al Vogler commented on water.
JOINT CONSENT CALENDAR
A motion was made by Mayor Pro Tem Bird, seconded by Gregg, that the Joint Consent Calendar be approved. The motion carried by the following vote:
Aye: 5 ‑ Bird, Swanson, Gregg, Bennington and Lee
Nay: 0
1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, December 6, 2022.
Recommended Action:
It is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, December 6, 2022.
Sponsors: Assistant City Clerk Erin Baum
2. Warrant Run Report (City ‑ Successor Agency ‑ Housing Authority ‑ Community Development Commission ‑ Water) Recommended Action:
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Sponsors: Director of Administrative Services Casey Brooksher
3. Treasurer’s Cash Report for the unaudited period ended October 31, 2022 Recommended Action:
It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Hesperia Water District.
Sponsors: Director of Administrative Services Casey Brooksher
4. Audited Hesperia Housing Authority Financial Statements for Fiscal Year Ended June 30, 2022 and Housing Successor SB 341 Report Recommended Action:
It is recommended that the City Council and the Hesperia Housing Authority (HHA) Board receive and file the audited Hesperia Housing Authority ‑ Component Unit Financial Statements for the Fiscal Year Ended June 30, 2022 and Housing Successor SB 341 Report.
Sponsors: Director of Administrative Services Casey Brooksher and Economic Development Manager Victor Knight
5. Annual 2023‑24 Recognized Obligation Payment Schedule Recommended Action:
It is recommended that the Successor Agency adopt Resolution No. SA 2022‑02 approving the Annual 2023‑24 Recognized Obligation Payment Schedule (ROPS), including the Successor Agency’s FY 2023‑24 Administrative Budget and authorize staff to present the ROPS to the Oversight Board for its consideration and approval.
Sponsors: Director of Administrative Services Casey Brooksher
6. Fiscal Year 2021‑2022 Annual Compliance Report for AB 1600 Development Impact Fees Recommended Action:
It is recommended that the City Council receive and file the AB 1600 report on development fee activity that occurred during Fiscal Year (FY) 2021‑2022.
Sponsors: Director of Administrative Services Casey Brooksher
7. Receive and File the Local Agency Special Tax and Bond Accountability Act Report (SB 165) for the Fiscal Year Ended June 30, 2022 Recommended Action:
It is recommended that the City Council receive and file the Communities Facilities District (CFD) 2005‑1 (Belgate Development Restructuring) Local Agency Special Tax and Bond Accountability Act Report (SB 165) for the Fiscal Year Ended June 30, 2022.
Sponsors: Director of Administrative Services Casey Brooksher
8. Cancellation of January 3, 2023 and July 4, 2023 City Council and Subsidiary District Meetings Recommended Action:
It is recommended that the City Council, the Board of Directors of the Successor to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, and Hesperia Water District, and the Board of Commissioners of the Hesperia Community Development Commission, cancel the regularly scheduled January 3, 2023 meeting for a lack of items, and the July 4, 2023 meeting, due to its falling on a legal Holiday.
Sponsors: Assistant City Clerk Erin Baum
PUBLIC HEARING
9. Appeal to the City Council (APP22‑00002); Applicant Pacific Communities Builder; APNs: 3046‑011‑06 Recommended Action:
It is recommended that the City Council adopt Resolution No. 2022‑81, denying appeal APP22‑00002 and upholding the Planning Commission and Development Review Committee (DRC) denial of a second extension of time for Tentative Tract No. 16505 (TTE22‑00003).
Sponsors: Senior Planner Ryan Leonard
Ron Freeman spoke on this item during Public Hearing.
A motion was made by Bennington, seconded by Lee, that this item be approved. The motion carried by the following vote:
Aye: 5 ‑ Mayor Pro Tem Bird, Swanson, Gregg, Bennington and Lee Nay: 0
10. Appeal to the City Council (APP22‑00003); Applicant Pacific Communities Builder; APNs: 3046‑011‑12 Recommended Action:
It is recommended that the City Council adopt Resolution No. 2022‑82, denying appeal APP22‑00003 and upholding the Planning Commission and Development Review Committee (DRC) denial of a second extension of time for Tentative Tract No. 15033 (TTE22‑00004).
Sponsors: Senior Planner Ryan Leonard
Ron Freeman spoke on this item during Public Hearing..
A motion was made by Bennington, seconded by Bird, that this item be approved. The motion carried by the following vote:
Aye: 4 ‑ Bird, Gregg, Bennington and Lee
Nay: 1 ‑ Swanson
11. Appeal to the City Council (APP22‑00004); Applicant Pacific Communities Builder; APNs: 0405‑052‑03 & 27 thru 30 Recommended Action:
It is recommended that the City Council adopt Resolution No. 2022‑83, denying appeal APP22‑00004 and upholding the Planning Commission and Development Review Committee (DRC) denial of a third extension of time for Tentative Tract No. 17655 (TTE22‑00005).
Sponsors: Senior Planner Ryan Leonard
Ron Freeman spoke on this item during Public Hearing.
A motion was made by Bennington, seconded by Lee, that this item be approved. The motion carried by the following vote:
Aye: 4 ‑ Bird, Gregg, Bennington and Lee
Nay: 1 ‑ Swanson
12. Appeal to the City Council (APP22‑00005); Applicant NV Hesperia Investors & Dayco Funding Corporation; APNs: 0405‑261‑15 thru 18 & 27 thru 30) Recommended Action:
It is recommended that the City Council adopt Resolution No. 2022‑84, denying appeal APP22‑00005 and upholding the Planning Commission and Development Review Committee (DRC) denial of a third extension of time for Tentative Tract No. 17916 (TTE22‑00006).
Sponsors: Senior Planner Ryan Leonard
Lynn Fetterly spoke on this item during Public Hearing.
H. Dayani spoke on this item during Public Hearing.
A motion was made by Bennington, seconded by Lee, that this item be approved. The motion carried by the following vote:
Aye: 3 ‑ Bird, Bennington and Lee
Nay: 2 ‑ Swanson and Gregg
13. Consider Adoption of Resolution of Necessity to Acquire Property located at Buckthorn Avenue, north of the Hesperia Country Club and Golf Course in Hesperia, California, Assessor Parcel Number 0398‑251‑30‑0000 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 the Hesperia Country Club and Golf Course in Hesperia, California, APN 0398‑251‑30‑0000 (“Property”) (plat map attached as Attachment 1).
Sponsors: City Attorney Pam K. Lee
Ramsey Salama spoke on this item during Public Hearing.
Nazani Temourian spoke on this item during Public Hearing. *This item requires a minimum 4-1 vote to pass*
A substitute motion was made by Gregg, seconded by Swanson, that this item be continued. The motion failed by the following vote:
Aye: 2 ‑ Swanson and Gregg
Nay: 3 ‑ Bird, Bennington and Lee
A motion was made by Bennington, seconded by Lee, that this item be approved. The motion failed by the following vote:
Aye: 3 ‑ Mayor Pro Tem Bird, Bennington and Lee
Nay: 2 ‑ Swanson and Gregg
14. 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”).
Sponsors: City Attorney Pam K. Lee
Ramsey Salama spoke during Public Hearing
*This item requires a minimum 4-1 vote to pass*
A substitute motion that this item be continued was made by Gregg. The motion failed for lack of a second.
A motion was made by Gregg, seconded by Bird, that this item be approved. The motion carried by the following vote:
Aye: 5 ‑ Bird, Swanson, Gregg, Bennington, and Lee
Nay: 0
Meeting went into Recess
Meeting Reconvened
NEW BUSINESS
15. 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.
Sponsors: Director of Government Services/City Clerk Melinda Sayre A motion was made by Swanson, seconded by Mayor Pro Tem Bird, that the following appointments be made. The motion carried by the following vote:
Aye: 5 ‑ Bird, Swanson, Gregg, Bennington, and Lee
Nay: 0
Agency/Committee Name
Representatives
League of California Cities(LOCC)
Inland Empire & Desert Mountain Division
Primary – Bennington Alternate – Lee
Mojave Desert Air Quality Management District (MDAQMD)
Primary – Bennington
Alternate – Gregg
San Bernardino County Transportation Authority
(SBCTA)
Primary – Swanson
Alternate – Bennington
Mountain/Desert Policy Committee
San Bernardino County Solid Waste Task Force
Primary – Gregg
Alternate - Staff *Rachel will designate
Victor Valley Economic Development Authority (VVEDA)
Primary – Lee
Alternate – Swanson
Victor Valley Transit Authority (VVTA)
Primary – Bird
Alternate – Gregg
Victor Valley Wastewater Reclamation Authority (VVWRA)
Primary – Bird
Alternate – Gregg
Greater High Desert Chamber of Commerce Liaison
Primary – Bennington
Alternate – Bird
Tri Agency Committee
Primary – Swanson/ Lee
Alternate – none
City Council Advisory Committee
Primary – Lee
Alternate – Bennington
COUNCIL COMMITTEE REPORTS AND COMMENTS
Council Member Gregg thanked staff for the Christmas decoration contest and commented on traffic safety, the holidays, and thanked Council.
Council Member Swanson commented on holiday events, the community, the City holiday party, her father's 95th birthday on January 5, SBCTA and Hwy 395 construction, the Brightline project, a San Bernardino Regional Housing Trust presentation, and wished everyone a Merry Christmas and a safe happy holiday.
Council Member Lee commented on the City holiday party, thanked staff for their support, wished everyone a Merry Christmas and happy holidays and reminded residents to drive safely.
Mayor Pro Tem Bird congratulated councilmember Lee, commended council for respectful discussion, commented on Best in the Desert school and business selections in Hesperia, thanked staff, thanked the Hearn family, thanked Sheriff and Fire staff and citizens in attendance.
Mayor Bennington commented on attendance at LOCC quarterly meeting, Hesperia hosting April LOCC meeting, chamber coffee meetings, the City holiday party, thanked staff, wished council member Swanson's father a happy birthday, as well as her mother and grandson, thanked Council, and reminded residents of City offices Holiday closure,
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
City Attorney thanked Council and wished everyone a Merry Christmas and happy holidays.
ADJOURNMENT
Meeting was adjourned at 9:33 p.m. in honor of Master Sergeant John Pavey's 95th birthday and Mayor Bennington’s grandson’s first birthday. _____________________________
Erin Baum,
Assistant City Clerk