Hesperia City Council
February 7, 2023

Tuesday, February 7, 2023
Meeting Agenda
Closed Session - 5:30 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
Larry Bird, Mayor Pro Tem
Allison Lee, Council Member
Cameron Gregg, Council Member
Rebekah Swanson, Council Member
Nils Bentsen, City Manager
Pam K. Lee, 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 Larry Bird, Mayor Pro Tem Hesperia, CA 92345 Cameron Gregg, Council Member
Allison Lee, 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:

City Council meetings are now open to the public within the guidelines provided by the State which may include wearing masks and socially distancing from other attendees.

Public Comments can be made in -person at City Council Meetings and/or can be submitted via telephone recording that will be played during the meeting.

City Council meetings may be viewed live or after the event on the City’s website at www.cityofhesperia.us.

Remote Public Comment:

Public Comments Made By-Telephone Process
Public comments will be accepted in advance until 5:30 pm on the day of the scheduled meeting by calling and leaving a recorded message at (760) 947-1056. Comments received past 5:30 pm will not be included in the record. If you would like to comment remotely, please follow the protocols below:

• Call (760)947-10 56 to leave a detailed message of your public comment.

• Identify your name and the item you wish to comment on in your message.

• Contact information in your voicemail is optional, but will allow staff to easily follow up with you if necessary.

• Each public comment received by voicemail will be played by a staff member for up to three (3) minutes for Consent Calendar/New Business items and up to five (5) minutes for Public Hearing items.

Remote public comments received outside of the comment period outlined above will not be included in the record.

February 7, 2023City 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 - 5:30 PM
Roll Call
Mayor Brigit Bennington
Mayor Pro Tem Larry Bird
Council Member Allison Lee
Council Member Cameron Gregg
Council Member Rebekah Swanson
Conference with Real Property Negotiators – Property Negotiations Government Code Section – 54956.8

1. Negotiating Parties: City of Hesperia and Hesperia Park and Recreation District
Location: APN 0405-373-03
Under Negotiation: Price and Terms

2. Negotiating Parties: City of Hesperia and the El Mirage Group, LLC/Hamid R Abedi Living Trust and Live Oak Estate, LLC
Location: APN 0410-211-07 and 0410-211-05
Under Negotiation: Price and Terms
CALL TO ORDER - 6:30 PM
A. Invocation

February 7, 2023City Council Meeting Agenda
B. Pledge of Allegiance to the Flag
C. Roll Call
Mayor Brigit Bennington
Mayor Pro Tem Larry Bird
Council Member Allison Lee
Council Member Cameron Gregg
Council Member Rebekah Swanson
D. Agenda Revisions and Announcements by City Clerk
E. Closed Session Reports by City Attorney

ANNOUNCEMENTS/PRESENTATIONS

1. Economic Development Division Update by Victor Knight, Economic Development Manager.

2. Presentation on Hesperia Traffic and Off Highway Vehicle Enforcement, by Captain Jon Billings, Hesperia Police Department.

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, January 17, 2023.

Recommended Action:

It
is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, January 17, 2023.

Staff Person: Assistant City Clerk Erin Baum
Draft CC Min 2023-1-17Attachments:

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

February 7, 2023City Council Meeting Agenda
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 2-7-2023
Attachment 1 - Warrant Run
Attachments:

3. Amendment to Agreement for Sales Tax Analysis and Audit Services Recommended Action:

It
is recommended that the City Council approve an amendment to the existing Professional Services Agreement with Hinderliter, de Llamas & Associates (HdL) in the amount of $15,500, for a total not-to-exceed amount of $65,500, for additional sales tax audit services through June 30, 2023.

Staff Person: Director of Administrative Services Casey Brooksher SR Hinderliter, de Llamas & Associates (HdL) Agreement 2-7-2023Attachments:

4. Adopt Joint Resolution Declaring Property Owned by the City of Hesperia as “Surplus”
Recommended Action:

It
is recommended that the City Council/Commission/Board adopt Joint Resolution No. 2023-06, Hesperia Housing Authority Resolution No. HHA 2023-01, and Community Development Commission Resolution No. CDC 2023-01, declaring three properties, including (A) two properties owned by the Community Development Commission and (B) one property owned by the Hesperia Housing Authority (HHA) as “Surplus Land".

Staff Person: Economic Development Manager Victor Knight SR Surplus Property 2-7-2023
Joint Resolution 2023-06
Attachments:

5. Parcel Map No. 20513
Recommended Action:

It
is recommended that the City Council adopt Resolution No. 2023-03 approving Parcel Map No. 20513 to create two parcels from 1 gross acre within the Commercial Industrial Business Park zone of the Main Street and Freeway Corridor Specific Plan located on the south side of Spruce approximately 100 feet west of B Avenue in conjunction with a categorical exemption under CEQA Section 15315 Minor Land Divisions. (Applicant: Percy Bakker; APN:
0410-151-38)
Staff Person: Deputy Development Services Director Dani Fox

February 7, 2023City Council Meeting Agenda
SR Parcel Map 20513 2-7-2023
Resolution 2023-03
Attachment 2 - Parcel Map 20513
Attachments:

6. Parcel Map No. 20518
Recommended Action:

It
is recommended that the City Council adopt Resolution No. 2023-04 approving Parcel Map 20518 to subdivide an existing 4.41 parcel into two new parcels, totaling 2.2 acres each, within the Neighborhood Commercial (NC) Zone of the Main Street and Freeway Corridor Specific Plan located on the southwest corner of Juniper Street and Seventh Avenue. (Applicant: Faith Lutheran Church; APNs: 0413-031-02)
Staff Person: Deputy Development Services Director Dani Fox SR Parcel Map 20518 2-7-2023
Resolution 2023-04
Attachment 2 - Parcel Map 20518
Attachments:

7. Vehicle Procurement - Replacement Truck
Recommended Action:

It
is recommended that the Board of Directors of the Hesperia Water District (HWD) authorize the City Manager to approve the procurement of one (1) 2023 Ford F-550 super-duty truck for the Production Program; adopt Resolution HWD No. 2023-01 amending the Fiscal Year (FY) 2022-23 Budget by an additional $133,000; and enter into an agreement with Sunrise Ford, in the not-to-exceed amount of $133,000.

Staff Person: Director of Public Works Jeremy McDonald
SR Production Truck Purchase 2-7-2023
Resolution HWD 2023-01
Attachments:

CONSENT ORDINANCES

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.

8. CUP21-00004, SPLA21-00001, TPM22-00010, DA22-00002 & CUP21-00005 (Covington Group, Inc.; APNs: 3064-601-07 & 3064-621-01 & 3064-581-01) Recommended Action:

Place on second reading and adopt by title waiving the text of Ordinance No. 2023-02 approving SPLA21-00001 and Ordinance No. 2023-04 approving Development Agreement DA22-00002.

Staff Person: Senior Planner Ryan Leonard

February 7, 2023City Council Meeting Agenda
SR Covington Group, Inc 1-17-2023
Ordinance 2023-02
Ordinance 2023-04
Attachment 3 - Exhibit A Development Agreement
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.

9. Consideration of an Urgency Ordinance Establishing a Moratorium on the Establishment or Expansion of Car Washes for a Period of 45 Days Recommended Action:

It
is recommended that the City Council adopt Urgency Ordinance 2023-01 pursuant to California Government Code Section 65858 establishing a forty-five (45) day moratorium on the establishment or expansion of car washes.

Staff Person: Senior Planner Ryan Leonard
SR Car Wash Moratorium 2-7-2023
Urgency Ordinance 2023-01
Attachments:

NEW BUSINESS

10. Consideration of the 2023 Legislative Platform and Funding Priorities Recommended Action
It
is recommended that the City Council adopt the 2023 Legislative Platform consisting of Legislative Policy Statements and Funding Priorities.

Staff Person: Management Analyst Lesa Byars
SR 2023 Legislative Platform 2-7-2023
Attachment 1 - 2023 Legislative Platform
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

February 7, 2023City Council Meeting Agenda
The City Manager, City Attorney or staff may make announcements or reports concerning items of interest to the Council and the public.

ADJOURNMENT
I, Melinda Sayre, City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Wednesday, February 1, 2023 at 5:30 p.m. pursuant to California Government Code §54954.2. _____________________________
Melinda Sayre,
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
City of Hesperia
Meeting Minutes - Draft
City Council
Tuesday, January 17, 2023 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 Ben
nington, and Council Member Lee
Conference with Legal Counsel – Existing Litigation - Government Code Section 54956.9(d)1

1. City of H esperia v. Lake Arrowhead Community Services District , CA Court of Appeal, Fourth Ap pellate District, Case No. D079956

2. County of Sa
n Bernardino v. City of Hesperia, San Bernardino Superior Court Case No. CIV SB 2209965 CALL TO ORDER - 6:30 PM – Meeting was called to order at 6:41 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 Ben
nington, and Council Member Lee
D. A genda Revisions and Announcements by City Clerk
Projector in Co
uncil Chambers not functional for this meeting.

E. Closed Session Reports by City Attorney
No reportable action.

City Council Chambers
9700 Seventh Ave.

Hesperia CA, 92345

City of Hesperia

ANNOUNCEMENTS/PRESENTATIONS

1. Presentation of Recognition to Robert Edie from San Bernardino County Fire, for being an Accolade A ward recipient.

GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Bob Nelson commented on speaking limits.

Daniel Krist commented on community issues.

Ramsey Salama commented on community clean up.

Kim Jones commented on disposal pricing.

JOINT CONSENT CALENDAR
Item #4 was pulled from the Joint Consent Calendar for consideration separately.

A motion was made by Swanson, seconded by Bird, that the Joint Consent calendar, minus item #4, be approv
ed. 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 20, 2022.

Recommended Action:

It is recommended that the City Council approve the Draft Minutes from the Regular Meeting held
Tuesday, December 20, 2022.

Sponsors: Assistant Cit
y Clerk Erin Baum

2. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Comm
ission - Water)
Recommended Action:

It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Succes sor
Agency to the Hesperia Co
mmunity Redevelopment Agency, Hesperia Housing Authority, Comm unity Developm
ent Commission, and Water District.

Sponsors: Director of Administrative Services Casey Brooksher

3. Treasurer’s Cash Report for the unaudited period ended November 30, 2022 Recommended Action:

It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Succes sor Agency to the Hesperia Co
mmunity Redevelopment Agency, Hesperia Housing Authority, Comm unity Developm
ent Commission, and Water District.

Sponsors: Director of Administrative Services Casey Brooksher Item #4 was considered independently of the Joint Consent Calendar.

4. Award Contract for I-15 Corridor Utility Improvements - Phase II

City of Hesperia
Recommended Action:

It is recommended that the City Council award a contract for the I-15 Corridor Utility Improvements -
Phase II to Pyramid Building & Engineering, Inc., for the adjusted bid amount of $2,989,957; approve an additional 10% contingency in the amount of $298,996 for a total construction budget of $3,288,953; approve the design of the project represented by the plans and specifications; and authorize the City Manager to execute the contract.

Sponsors: Assistant City Manager Rachel Molina
Don Mangold commented on this item.

A motion was made by Gregg, seconded by Lee, that item #4 be approved. The motion carried by the following vote:

Aye: 5 -
Bird, Swanson, Gregg, Bennington, and Lee
Nay: 0

5. Professional Consulting Services Agreement with Woolpert Recommended Action:

It is recommended that the City Council authorize the City Manager to enter into a two-year Prof essional Services Agreement with W
oolpert, in the amount of $320,800 for professional consulting and project management services to replace the current legacy land management system software used by the City.

Sponsors: Director of Administrative Services Casey Brooksher

6. Award of Contract for Roof Replacements at Plant 5 and 18 Recommended Action:

It is recommended that the City Council and Board Members of the Hesperia Water District award a contract to R&R Roofing &
Waterproofing, Inc. for the Roof Replacements for Plant 5 and 18 project in the amount of $58,400 and authorize a 10% contingency in the amount of $5,840 for a total not-to-exceed
amount of $64,240.

Sponsors: Director of Public Works Jeremy McDonald

7. Heating, Ventilation, and Air-Conditioning (HVAC) Contract Amendment Recommended Action:

It is recommended that the City Council and the Board of Directors of the Hesperia W ater District authorize the City Manager to approve an amendment to the existing contract with Allison Mechanical, Inc., for an additional $50,121 for a revised not-to-exceed contract amount of $317,121, and adopt Resolution No. 2023-05 amending the Fiscal Year (FY) 2022-23 Budget by appropriating an additional $30,121, for heating, ventilation, and air-conditioning (HVAC) preventative maintenance and repair services for City and Water District facilities.

Sponsors: Director of Public Works Jeremy McDonald

8. Contract Amendment with Tyler Technologies
Recommend
ed Action:

City of Hesperia
It is recommended that the City Council and Board of Directors of the Hesperia Water District authorize the City Manager to approve an amendment to the existing contract with Tyler Technologies, Inc., for an additional $143,946 for a revised not-to-exceed contract amount of $632,015,for the MyCivic Citizen Engagement subscription and licensing and maintenance of the New World enterprise resource management software.

Sponsors: Assistant City Manager Rachel Molina

9. Award of Professional Services Agreement for Contract Planner Recommended Action:

It is recommended that the City Council approve the award of a Professional Services Agreement (PSA) to 4Leaf, Inc. for a term
of two (2) years, in the not-to-exceed amount of $435,760, for Contract Planner Services.

Sponsors: Senior Plann
er Ryan Leonard

PUBLIC HEARING

10. CUP21-00004, SPLA21-00001, TPM22-00010, DA22-00002 & CUP21-00005 (Covington Group, Inc.; APNs: 3064-601-07 & 3064
-621-01 & 3064-581-01)
Recommended Action:

The Planning Commission recommends that the City Council adopt Resolution No. 2023-01, recomm
ending that the City Council make the environmental determination pursuant to the Calif ornia Environm
ental Quality Act (CEQA) by certifying the Final Environmental Impact Report (FEIR) and adopting a statem
ent of overriding considerations and introduce and place on first reading Ordinance No. 2023-03 appro
ving SPLA21-00001 and Ordinance No. 2023-04 approving Development Agreement DA22-00002 and adopting Resolution Nos. 2023-02 and 2023-03 approving CUP21-0000 4, TPM22-00010
and CUP21-00005.

Sponsors: Senior Planner Ryan Leonard
A motion was made by Gregg, seconded by Bird, that this item be approved. The motion carried by the follow
ing vote:

Aye: 5 - Bird, Swanson, Gregg, Bennington and Lee
Nay: 0

NEW BUSINESS

11. Consideration of Annual Update of the City Council Procedures Manual Recommend
ed Action:

It is recommended that the City Council review and approve updates to the City Cou ncil Procedures Manual for 2023.

Sponsors: Director of Government Services/City Clerk Melinda Sayre During the item, Mayor Bennington requested that a new section be added to the agenda to aide in the new process for adding items to the agenda.

City of Hesperia
A motion was made by Swanson that the City Council Procedure Manual be approved as amended, removing the addition changing the process for City Council Members to add items to future agendas.

A substitute motion was made by Bird, seconded by Bennington, that the City Council Procedure Manual be approved as amended, changing wording in the new process for Council Members adding items to future agendas from, requiring a “4/5ths vote”, to requiring a “simple majority”, and adding a stipulation that the City Council review the efficacy of this change in 6 months’ time.

The motion carried by the following vote:

Aye: 3 - Bird, Bennington and Lee
Nay: 2 - Swanson and Gregg

COUNCIL COMMITTEE REPORTS AND COMMENTS
Council Member Swanson commented on item #11, her father's 95th birthday, the holidays, weather related road issues, the City's pot hole app, and relayed topics of discussion at the recent SBCTA meeting; (the Brightline project, their new website, Hesperia commuter station, their 5 year CIP, comments made by Senator Stern regarding San Bernardino County residents, and a response by SBCTA). Additionally, she thanked public safety staff for their response to a request for support.

Council Member Lee commented on the holidays.

Council Member Gregg commented on item #11, wished everyone a Happy New Year and asked to agendize a moratorium on the number of car washes, a moratorium on tattoo parlors, and an item regarding special events signage.

Mayor Pro Tem Bird wished everyone a Happy New Year and commented on government process, item #11, attendance at the recent VVTA meeting, family activities, and thanked the City Attorney, City staff, members of the audience and Public Safety staff.

Mayor Bennington commented on item #11, attendance at the LOCC policy committee, the local mayors' coffee event, MDAQMD meeting, Legislative Action Committee, with Assemblyman Obernolte and Senator Wilk, and her Hesperia Mayor’s coffee event, her participation on the rodeo committee, and the High Desert Mayors meeting. She thanked staff for efforts during recent storms, wished Council Members Gregg and Lee Happy Birthday, and thanked Public Safety staff., close memory of 3 officers 2 Riverside, 1 LA County, killed on duty.

CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
None
.

ADJOURNMENT
The meeting was adjourned at 9:01 pm in honor of the recent passing of one LA County and two Riverside County Deputies in the line of duty.
_____________________________
Erin Baum,
Assistant City Clerk

THIS PAGE LEFT INTENTIONALLY BLANK

City of Hesperia

STAFF REPORT
DATE: February 7, 2023
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
Martha Cortes, 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 f or th e period December 10, 2022 through December 30, 2022.

ATTACHMENT(S)

1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $2,885,570.97 $277,633.60 $0.00 $3,163,204.57 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 12,603.40 179.35 0.00 12,782.75
Community Development Commission 0.00 0.00 0.00 0.00
Water 850,823.05 110,091.69 0.00 960,914.74
Totals $3,748,997.42 $387,904.64 $0.00 $4,136,902.06

YEAR-TO PRIOR FY YTD

W/E W/E W/E WARRANT DATE DATE
FUND # FUND NAME 12/16/2022 12/23/2022 12/30/2022 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 80,271.46 $ 1,944,825.23$ - $ 2,025,096.69$ -$ 16,402,128.34$ 15,127,472.06$ 200 HESPERIA FIRE DISTRICT -$ -$ -$ -$ - $ -$ -$
204 MEASURE I - RENEWAL -$ 642.36$ -$ 642.36$ -$ 225,534.51$ 84,308.86$ 207 LOCAL TRANSPORT-SB 325 -$ -$ -$ -$ -$ 27,839.18$ 25,091.93$ 209 GAS TAX-RMRA -$ -$ -$ -$ - $ -$ 67,468.24$
210 HFPD (PERS) -$ -$ -$ -$ -$ 1,093,204.87$ 1,007,746.00$ 251 CDBG 914.38$ -$ -$ 914.38$ -$ 63,126.40$ 506,711.80$ 254 AB2766 - TRANSIT -$ -$ -$ -$ - $ -$ -$
256 ENVIRONMENTAL PROGRAMS GRANT 278.95$ 1.50$ -$ 280.45$ -$ 19,390.13$ 20,666.13$ 257 NEIGHBORHOOD STABILIZATION PROG -$ -$ -$ -$ - $ -$ -$ 258 CDBG-CV CARES ACT -$ -$ -$ -$ - $ -$ -$
260 DISASTER PREPARED GRANT -$ -$ -$ -$ - $ -$ -$
262 SB 1383 LOCAL ASSISTANCE GRANT -$ -$ -$ -$ -$ 30,900.00$ -$ 263 STREETS MAINTENANCE 19,700.62$ 47,665.25$ -$ 67,365.87$ -$ 1,073,596.19$ 951,153.02$ 300 DEV. IMPACT FEES - STREET -$ -$ -$ -$ -$ 30,261.18$ 35,488.33$ 301 DEV. IMPACT FEES - STORM DRAIN -$ -$ -$ -$ -$ 17,460.50$ 34,769.50$ 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 245.72$ 75,290.48$ -$ 75,536.20$ -$ 2,368,861.38$ 90,237.08$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ -$ -$ 7,969.11$ 6,888.17$ 313 DIF A-04 DRAINAGE -$ -$ -$ -$ -$ 3,000.00$ 963,024.00$ 396 DEVELOPMENT IMPACT -$ -$ -$ -$ - $ -$ -$
399 FEMA-1203-DR (DISASTER) -$ -$ -$ -$ - $ -$ -$
400 2004 STREETS -$ -$ -$ -$ - $ -$ -$
401 CITY DEBT SERVICES -$ -$ -$ -$ - $ -$ -$
402 WATER RIGHTS ACQUISITION -$ -$ -$ -$ -$ 1,092,323.17$ 1,074,335.70$ 403 2013 REFUNDING LEASE REV BONDS 2,120.00$ -$ -$ 2,120.00$ -$ 657,175.62$ 632,972.25$ 501 CFD 91-3 BELGATE -$ -$ -$ -$ - $ -$ -$
504 CITY WIDE STREETS - CIP -$ 366,827.56$ -$ 366,827.56$ -$ 6,188,829.24$ 523,963.70$ 509 CITY FACILITIES CIP -$ -$ -$ -$ - $ -$ -$
800 EMPLOYEE BENEFITS 181,025.74$ 130,495.12$ -$ 311,520.86$ -$ 4,412,929.86$ 3,702,447.41$ 801 TRUST/AGENCY 1,301.19$ 12,142.91$ -$ 13,444.10$ -$ 1,247,223.96$ 1,545,345.17$ 802 AD 91-1 AGENCY -$ -$ -$ -$ - $ -$ -$
804 TRUST-INTEREST BEARING 21,822.50$ -$ -$ 21,822.50$ -$ 82,777.50$ 28,905.00$ 807 CFD 2005-1 -$ -$ -$ -$ -$ 969,811.58$ 929,882.65$ 808 HFPD (TRANSITION) -$ -$ -$ -$ -$ 317,384.59$ 369, 875.18$ 815 PLAN REVIEW TRUST - FRONTIER -$ -$ -$ -$ -$ 6,584.08$ -$ CITY 307,680.56$ 2,577,890.41$ -$ 2,885,570.97$ -$ 36,338,311.39$ 27,752,082.18$ 163 REDEVELOP OBLIG RETIREMENT-2018 -$ -$ -$ -$ -$ 7,746,169.98$ 7,944,168.22$ SUCCESSOR AGENCY -$ -$ -$ -$ -$ 7,746,169.98$ 7,944,168.22$ 370 HOUSING AUTHORITY 1,692.90$ 10,910.50$ -$ 12,603.40$ -$ 31,865.22$ 9,324.93$ HOUSING AUTHORITY 1,692.90$ 10,910.50$ -$ 12,603.40$ -$ 31,865.22$ 9,324.93$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ - $ -$ -$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ - $ -$ -$ 700 WATER OPERATING 38,472.89$ 287,423.46$ -$ 325,896.35$ -$ 4,537,288.06$ 5,392,102.23$ 701 WATER CAPITAL -$ 13,258.50$ -$ 13,258.50$ -$ 28,798.00$ 22,438.15$ 710 SEWER OPERATING 161,375.43$ 339,280.06$ -$ 500,655.49$ -$ 2,873,476.72$ 2,607,572.40$ 711 SEWER CAPITAL -$ 8,274.50$ -$ 8,274.50$ -$ 207,644.07$ 150,661.87$ 713
SEWER CAPITAL REHAB AND REPLACE -$ -$ -$ -$ - $ -$ -$ 720 RECLAIMED WATER OPERATIONS -$ 2,738.21$ -$ 2,738.21$ -$ 17,457.91$ 1,325.31$ WATER 199,848.32$ 650,974.73$ -$ 850,823.05$ -$ 7,664,664.76$ 8,174,099.96$ ACCOUNTS PAYABLE TOTAL 509,221.78$ 3,239,775.64$ -$ 3,748,997.42$ -$ 51,781,011.35$ 43,879,675.29$ REG. PAYROLL
City -$ 277,633.60$ -$ 277,633.60$ -$ 3,562,958.77$ 3,297,770.66$ Housing Authority -$ 179.35$ -$ 179.35$ -$ 2,360.82$ 745.24$ Water -$ 110,091.69$ -$ 110,091.69$ -$ 1,461,137.06$ 1,437,968.42$ PAYROLL TOTAL -$ 387,904.64$ -$ 387,904.64$ -$ 5,026,456.65$ 4,736,484.32$ City of Hesperia

WARRANT RUNS
12/10/2022-12/30/2022
*No payments were issued on July 1, 2023.

Attachment 1

City of Hesperia

STAFF REPORT
DATE: February 7, 2023
TO: Mayor and City Council Members
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services SUBJECT: Amendment to Agreement for Sales Tax Analysis and Audit Services

RECOMMENDED ACTION
It is recommended that the City Council approve an amendment to the existing Professional Services Agreement with Hinderliter, de Llamas & Associates (HdL) in the amount of $15,500, for a total not -to-exceed amount of $ 65,500, for additional sales tax audit services through June 30, 2023.

BACKGROUND
HdL provides sales tax analysis services to the City, with the resulting data utilized in the preparation of the City’s budget, as well as for quarterly budget reviews. Due to the expertise of the firm , HdL also audits the City’s sales tax revenue for possible issues with reporting and allocation errors. If allocation errors are discovered, HdL works with the California Department of Tax and Fee Administration (CDTFA) to recover revenue that should have been remitted to the City. Through the current agreement, which began on July 1, 2020 , HdL has recovered approximately $190,000 in sales tax revenue for the City.

It should be noted that HdL also provides cannabis audit services for the City, but the cannabis services contract is separate from the sales tax analysis and audit services referenced above.

ISSUES/ANALYSIS
Sales tax audit costs are incurred when reporting errors are identified and the resulting revenue is recovered for the City. In order to continue sales tax audit services through the remainder of Fiscal Year (FY) 2022-23, an amendment to the existing agreement in the amount of $15,500 is requested. As errors are identified through these audits, the cost of the audit services is recovered through the additional revenue remitted to the City by the CDTFA.

FISCAL IMPACT
The availability of budgetary savings within the General Fund will be reviewed at the conclusion of FY 2022-23. If budget savings are not available, a budget amendment will be requested during the fourth quarter budget review. It should be noted that the additional revenue recovered as a result of the audits will more than offset the cost of the audit services.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)
None

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City of Hesperia

STAFF REPORT

DATE: February 7, 2023
TO: Mayor and City Council Members
Chair and Board Members, Hesperia Housing Authority
Chair and Commissioners, Community Development Commission FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Victor Knight, Economic Development Manager
SUBJECT: Adopt Joint Resolution Declaring Property Owned by the City of Hesperia as “Surplus”

RECOMMENDED ACTION

It is recommended that the City Council/Commission/Board adopt Joint Resolution No. 2023-06, Hesperia Housing Authority Resolution No. HHA 2023-01, and Community Development Commission Resolution No. CDC 2023-01, declaring three properties, including (A) two properties owned by the Community Development Commission and (B) one property owned by the Hesperia Housing Authority (HHA) as “Surplus Land”.

BACKGROUND

Assembly Bill (AB) 1486 was approved by the legislature and signed by the Governor in the f all of 2019. AB 1486 made various amendments to Government Code Sections 54220 et seq., concerning the process for disposition of surplus land by cities and other local agencies. These laws went into effect on January 1, 2020.

The new laws require the City to annually report on surplus lands held by the City to facilitate development of affordable housing around the State. AB 1486 states land “not necessary for the agency’s use” be declared “surplus” or “exempt surplus” as supported by written findings before a local agency can take any action to dispose of it consistent with an agencies policies or procedures.

Agency’s use is defined as land being used or is planned to be used pursuant to a written plan adopted by the local agency’s governing board for agency work or operations, including, but not limited to, utility sites, watershed property, conservation purposes , exhibition, or buffer sites.

Agency’s use shall not include commercial or industrial uses or activities, including non - governmental retail, entertainment, or office development. Property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.

Any land that is declared “surplus” must be noticed for sixty days to other public agencies and prospective affordable housing developers that have registered with the State before the local agency may take any action to dispose of said property. Any eligible entities have 60 days to notify the City in writing of its intent to purchase or lease the land , after the 60 -day terms both parties have an additional 90 days to complete good faith neg otiations. If terms are not agreed upon within this 90 -day period, the property may be disposed of without further regard to the Surplus Lands Act.

Staff Report to the City Council/Commission/Board Members Adopt Joint Resolution Declaring Property Owned by the City of Hesperia as “Surplus” February 7, 2023

ISSUES/ANALYSIS

A) In compliance with state law, staff recommends that the Chair and Commissioners declare the following two Community Development Commission (CDC) parcels as Surplus Land:

B) In compliance with state law, staff recommends that the Chair and Board Members of the Hesperia Housing Authority declare the following property as Surplus Land:

FISCAL IMPACT

There is no fiscal impact related to the declaration of the surplus properties as surplus or exempt surplus or to the release of the N otice of Availability (NOA). However, depending on the number of responses to the notice of availability, City staff and consultants may spend time on negotiations, property appraisals and purchase and sale agreements.

If the City disposes of land in violation of the S urplus Land Act (SLA) after receiving a Notice of Violation (NOV) and fails to correct the violation within 60 days, an administrative penalty of 30% of the final sale price of the land sold in violation of the SLA, or 50% for each subsequent violation shall be invoiced by the Housing and Community Development to the City. Funding for this property was not included in the budget and if savings are not available, staff will submit as a budget amendment.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Joint Resolution No. 2023-06, HHA No. 2023-01, and CDC No. 2023-01 APN Street name Acres Zoning Action

1. 0407-261-03

9th Ave.

1.3 Neighborhood Commercial

To Sell

2. 0407-261-04

9th Ave.

1.2 Neighborhood Commercial

To Sell

APN Street name Acres Zoning Action

1. 0407-261-20

9th Ave.

1.28 Neighborhood Commercial

To Sell

JOINT RESOLUTION NO. 2023-06
RESOLUTION NO. CDC 2023-01
RESOLUTION NO. HHA 2023-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA, THE COMMISSIONERS OF THE COMMUNITY DEVELOPMENT

COMMISSION, THE BOARD OF DIRECTORS OF THE HESPERIA HOUSING AUTHORITY, DECLARING THREE PROPERTIES AS “SURPLUS LAND” PURSUANT TO GOVERNMENT CODE SECTIONS 54220 ET SEQ.

WHEREAS, the Surplus Lands Act (“SLA”), effective January 1, 2020, requires that before a local agency takes any action to sell or lease its property, it must declare the property to be either “surplus land” or “exempt surplus land”; and

WHEREAS, under the SLA, Government Code Sections 54220 et seq. , surplus property is defined as land owned by any local agency no longer necessary for the agency's use; and

WHEREAS, unless the land is exempt, the agency must give written notice of its availability to any local public entity, including schools and park districts, within whose jurisdiction the property is located, as well as housing sponsors that have notified the State Department of Housing and Community Development (HCD) of their interest in surplus property; and

WHEREAS, the Community Development Commission (CDC) owns the following two (2) properties APNs: 0407-261-03 and 0407-261-04 located on the corner of 9th Avenue and Juniper Street; and

WHEREAS, the Hesperia Housing Authority (HHA) owns the following property APN: 0407-261- 20 located at 9776 9th Avenue; and

WHEREAS, the City intends to follow the provisions of the SLA in the disposition of public lands; and

WHEREAS, the process described in the SLA should take place prior to taking any further actions regarding the disposition of the surplus land; and

WHEREAS, the declaration of surplus land does not obligate the City to dispose of the land and, depending on the response to the notices and other factors, the City could still decide not to move forward with disposition of specific properties.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA,

COMMISSIONERS OF THE COMMUNITY DEVELOPMENT COMMISSION, THE BOARD OF DIRECTORS OF THE HESPERIA HOUSING AUTHORITY, AS FOLLOWS:

Section 1. That all of the facts set forth in this resolution are true and c orrect and are incorporated herein by reference.

Section 2. For purpose of compliance with the amended Surplus Land Act, the three (3) properties are hereby declared “surplus land” pursuant to Government Code Sections 54220 et seq. The City Manager and/or his designee, is directed to proceed with the notification and negotiation requirements of the amended Surplus Land Act to facilitate the possible disposition of the aforementioned property.

Joint Resolution No. 2023-06, CDC No. 2023-01, and HHA No. 2023-01 Surplus Land February 7, 2023

Section 3. The City Council/Commission/Board has independently reviewed the findings for the surplus properties owned by the Development Commission and Hesperia Housing Authority and hereby formally declares the three (3) properties as “surplus” pursuant to Government Code Sections 54220 et seq.

Section 4. 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 7th day of February 2023.

______________________________
Brigit Bennington, Mayor/Chair

ATTEST:

____________________________
Melinda Sayre, City Clerk

City of Hesperia

STAFF REPORT

DATE: February 7, 2023
TO: Mayor and Council Members

FROM: Nils Bentsen, City Manager
BY: Rachel Molina Assistant City Manager
Dani Fox, Deputy Development Services Director
Denise Montes, Administrative Analyst

SUBJECT: Parcel Map No. 20513

RECOMMENDED ACTION

It is recommended that the City Council adopt Resolution No. 2023-03 approving Parcel Map No. 20513 to create two parcels from 1 gross acre within the Commercial Industrial Business Park zone of the Main Street and Freeway Corridor Specific Plan located on the south side of Spruce approximately 100 feet west of B Avenue in conjunction with a categorical exemption under CEQA Section 15315 Minor Land Divisions. (Applicant: Percy Bakker; APN: 0410-151-38)

BACKGROUND

On June 1, 2022, the Design Review Committee approved Tentative Parcel Map No. 20513 to create two parcels from 1 gross acre within the Commercial Industrial Business Park zone of the Main Street and Freeway Corridor Specific Plan located on the south side of Spruce approximately 100 feet west of B Avenue in conjunction with a categorical exemption under CEQA Section 15315 Minor Land Divisions. (Applicant: Percy Bakker; APN: 0410-151-38)

Staff has reviewed the map 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.

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. 2023-03

Staff Report to Mayor and Council Members
Final Parcel Map No. 20042
February 7, 2023

2. Parcel Map No. 20513

RESOLUTION NO. 2023-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING PARCEL MAP NO. 20513 TO CREATE TWO PARCELS FROM 1 GROSS ACRE WITHIN THE COMMERCIAL INDUSTRIAL

BUSINESS PARK ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR

SPECIFIC PLAN LOCATED ON THE SOUTH SIDE OF SPRUCE
APPROXIMATELY 100 FEET WEST OF B AVENUE IN CONJUNCTION WITH A CATEGORICAL EXEMPTION UNDER CEQA SECTION 15315 MINOR LAND DIVISIONS. (APPLICANT: PERCY BAKKER; APN: 0410-151-38)

WHEREAS, On June 1, 2022, the Design Review Committee approved Tentative Parcel Map No. 20513 to create two parcels from 1 gross acre within the Commercial Industrial Business Park zone of the Main Street and Freeway Corridor Specific Plan located on the south side of Spruce approximately 100 feet west of B Avenue in conjunction with a categorical exemption under CEQA Section 15315 Minor Land Divisions. (Applicant: Percy Bakker; APN: 0410-151-38); and

WHEREAS, Parcel Map No. 20513 is to create two parcels from 1 gross acre within the Commercial Industrial Business Park zone of the Main Street and Freeway Corridor Specific Plan located on the south side of Spruce approximately 100 feet west of B Avenue in conjunction with a categorical exemption under CEQA Section 15315 Minor Land Divisions. (Applicant: Percy Bakker; APN: 0410-151-38); and

WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.

NOW THEREFORE , BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:

Section 1. Parcel Map No. 20513 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 7th day of February, 2023.

Brigit Bennington
Mayor
ATTEST:

Melinda Sayre
City Clerk

Attachment 2

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City of Hesperia

STAFF REPORT
DATE: February 7, 2023
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Dani Fox, Deputy Development Services Director
Denise Montes, Administrative Analyst
SUBJECT: Parcel Map No. 20518

RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No. 202 3-04 approving Parcel Map 20518 to subdivide an existing 4.41 parcel into two new parcels , totaling 2.2 acres each, within the Neighborhood Commercial (NC) Zone of the Main Street and Freeway Corridor Specific Plan located on the southwest corner of Juniper Street and Seventh Avenue. (Applicant: Faith Lutheran Church; APNs: 0413-031-02)

BACKGROUND
On May 18, 2022, the Design Review Committee approved Tentative Parcel Map No. 20518 to subdivide an existing 4.41 parcel into two new parcels , totaling 2.2 acres each , within the Neighborhood Commercial (NC) Zone of the Main Street and Freeway Corridor Specific Plan located on the southwest corner of Juniper Street and Seventh Avenue. (Applicant: Faith Lutheran Church; APNs: 0413-031-02)
Staff has reviewed the map and determined that it complies with al l General Plan and zoning regulations, all required conditions of approval, and with all local ordinances related to the creation of these parcels.

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. 2023-04

Staff Report to Mayor and Council Members
Final Parcel Map No. 20042
February 7, 2023

2. Parcel Map No. 20518

RESOLUTION NO. 2023-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, APPROVING PARCEL MAP NO. 20518 TO SUBDIVIDE AN EXISTING 4.41 PARCEL INTO TWO NEW PARCELS (2.2 ACRES EACH)

WITHIN THE NEIGHBORHOOD COMMERCIAL (NC) ZONE OF THE MAIN

STREET AND FREEWAY CORRIDOR SPECIFIC PLAN LOCATED ON THE SOUTHWEST CORNER OF JUNIPER STREET AND SEVENTH AVENUE . (APPLICANT: FAITH LUTHERAN CHURCH; APNS: 0413-031-02)
WHEREAS, On May 18, 2022, the Design Review Committee approved Tentative Parcel Map No. 20518 to subdivide an existing 4.41 parcel into two new parcels , totaling 2.2 acres each , within the Neighborhood Commercial (NC) Zone of the Main Street and Freeway Corridor Specific Plan located on the southwest corner of Juniper Street and Seventh Avenue (Applicant: Faith Lutheran Church; APNs: 0413-031-02); and
WHEREAS, Parcel Map No. 20518 is to subdivide an existing 4.41 parcel into two new parcels , totaling 2.2 acres each, within the Neighborhood Commercial (NC) Zone of the Main Street and Freeway Corridor Specific Plan located on the southwest corner of Juniper Street and Seventh Avenue (Applicant: Faith Lutheran Church; APNs: 0413-031-02); and WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.

NOW THEREFORE , BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:

Section 1. Parcel Map No. 20518 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 7th day of February, 2023.

Brigit Bennington
Mayor
ATTEST:

Melinda Sayre
City Clerk

Attachment 2

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City of Hesperia

STAFF REPORT
DATE: February 7, 2023
TO: Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Jeremy McDonald, Director of Public Works
Robert Worby, Fleet / Warehouse Supervisor
SUBJECT: Vehicle Procurement – Replacement Truck

RECOMMENDED ACTION
It is recommended that the Board of Directors of the Hesperia Water District (HWD) authorize the City Manager to approve the procurement of one (1) 2023 Ford F-550 super -duty truck for the Production Program ; adopt Resolution HWD No. 202 3-01 amending the Fiscal Year (FY) 2022-23 Budget by an additional $133,000; and enter into an agreement with Sunrise Ford, in the not-to-exceed amount of $133,000.

BACKGROUND
On October 23, 2022, vehicle 1166 was stolen from the Hesperia Public Works Yard. The 2004 Ford F-450 super-duty truck was purchased in 2004 for $51,025 and has over 138,000 miles. The Fiscal Year (FY) 2022-23 Budget does not include funding for the replacement of this vehicle.

ISSUES/ANALYSIS
Although the vehicle was recovered, it is proposed to replace the vehicle due to the amount of damage sustained. Also it is at the end of its useful life as annual costs attributed to maintaining this asset exceeds the salvage value of approximately $4,000. The catalytic converter was taken, the ignition damaged, the utility body drawers were removed, locks destroyed , and the crane was damaged .

Estimated repairs to the vehicle and utility body are estimated at $10,000 and a new crane is valued between $12,000 to $15,000. A chassis could be purchased for approximately $60,000, however, swapping the existing body would cost another $5,000. In addition, Sunrise Ford can secure the truck by April 2023.

FISCAL IMPACT
Funding for the Water Production vehicle is not included in the FY 2022-23 Budget. Therefore, staff is requesting approval from the Board of Directors to increase the Water Operating Fund 700 budget by $133,000 via Resolution HWD No. 2023-01.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. HWD Resolution No 2023-01

RESOLUTION NO. HWD 2023-01

A RESOLUTION OF THE HESPERIA WATER DISTRICT OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING THE FISCAL YEAR 2022 -23

HESPERIA WATER DISTRICT BUDGET BY APPROPRIATING AN
ADDITIONAL $133,000 IN WATER OPERATIONS FUND 700

WHEREAS, the Board of Directors of the Hesperia Water District adopted the Fiscal Year (FY) 2022-23 Budget on June 7, 2022; and

WHEREAS, the anticipated total expenditure of $133,000 will occur in the FY 2022 -23 Budget; and

WHEREAS, the FY 2022 -23 Budget does not inc lude $1 33,000 for the purchase of one (1) 2023 Ford F-550 heavy-duty truck; and

WHEREAS, the Board of Directors of the Hesperia Water District has reviewed the proposed amendment information and found it acceptable.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HESPERIA WATER DISTRICT AS FOLLOWS:

Section 1. That the recitals above are true and correct and adopted as findings.

Section 2. The District hereby amends the Water Operating Budget and appropriates $133,000 to Account 700-29-400-4020-8420 in the FY 2022-23 Budget.

Section 3. That the Board Secretary shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED this 7th day of February 2022.

_________________________________________
Brigit Bennington, Chair
ATTEST:

_______________________________
Erin Baum, Secretary to the Board

City of Hesperia

STAFF REPORT
DATE: January 17, 2023
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager SECOND READING AND ADOPTION BY: Rachel Molina, Assistant City Manager
Ryan Leonard, Senior Planner
SUBJECT: CUP21-00004, SPLA21 -00001, TPM22 -00010, DA22 -00002 & CUP21 -00005 (Covington Group, Inc.; APNs: 3064-601-07 & 3064-621-01 & 3064-581-01)

RECOMMENDED ACTION
The Planning Commission recommends that the City Council adopt Resolution No. 2023 -01, recommending that the City Council make the environmental determination pursuant to the California Environmental Quality Act (CEQA) by certifying the Final Environmental Impact Report (FEIR) and adopting a statement of overriding considerations and introduce and place on first reading Ordinance No. 2023-03 approving SPLA21-00001 and Ordinance No. 2023-04 approving Development Agreement DA22 -00002 and adopting Resolution Nos. 202 3-02 and 202 3-03 approving CUP21-00004, TPM22-00010 and CUP21-00005.

PROJECT SUMMARY
Proposal: Proposal: Two Conditional Use Permits (CUP) have been filed to construct approximately 1,850,000 square feet of industrial warehouse space on approximately 97 acres of vacant l and. Conditional Use Permit CUP21 -00004 in conjunction with Tentative Parcel Map TPM22-00010 was filed for Building 1 (the eastern building), and CUP21 -00005 was filed for Building 2 (the western building). Building 1 includes the construction of an approx imately 1,108,000 square foot industrial warehouse on approximately 61 gross acres and Building 2 includes the construction of an approximately 742,000 square foot industrial warehouse on approximately 36 gross acres (Attachment 1). An Environmental Impac t Report (EIR) was prepared that analyzed both buildings concurrently as a single “project”. In addition, a development agreement is proposed that also includes both buildings under a single document.

Therefore, for the purposes of this staff report both entitlement applications are included together.

In conjunction with only CUP21-00004 a Specific Plan Amendment has also been filed to change approximately 40 acres of the project site from Regional Commercial (RC) to Commercial Industrial Business Park (CIBP). In addition, a tentative parcel map has been filed to rearrange two existing parcels into two new parcels. The parcel map generally follows the alignment of the proposed Building 1. In conjunction with both CUP21-00004 and CUP21-00005, a Development Agreement (DA) is proposed that would allow both entitlements to be effective for 8 years initially, with a provision allowing an automatic 2 -year extension. In return, the City is requiring the Developer to construct certain off-site improvements that extend beyond the limits of the project frontage. In addition, the developer will be required to provide a monetary contribution towards the construction of a regional detention basin that will be located at the end of the Oro Grande Wash. Finally, the DA provides that the applicant may contribute a monetary contribution in -lieu

Staff Report to the City Council
CUP21-00004, SPLA21-00001, TPM22-00010, DA22-00002 & CUP21-00005 January 17, 2023
of constructing a portion of a required screen wall ( described in more detail in the attached Planning Commission staff report).

Planning Commission Review: On December 8, 202 2 the Planning Commission voted 3-1 (Commissioner Dunbar voted no; Commissioner Bartz was absent) to forward this item to the City Council with a recommendation for approval.

Conclusion: In summary, because the project is consistent with the City’s Genera l Plan, most of the project’s impacts, whether less than significant, mitigable, or significant and unavoidable were known and acknowledged by the City when the General Plan EIR was adopted in 2010. The Planning Commission recommends that prior to acting on the project, the City Council make the environmental determination, certifying that the Final EIR is complete; that it has been prepared in compliance with CEQA; that it reflects the City’s independent judgment; and that all impacts from carrying out the project have been identified and disclosed to the public. Resolution PC - 2023-01 has been prepared to document this determination. Once that has occurred, the Planning Commission can consider both conditional use permits, the tentative parcel map, and the Development Agreement. If approved, the mitigation monitoring and reporting program will be administered with the project approval.

ATTACHMENT(S)

1. Resolution No. 2023-01 (Environmental findings for EIR).

2. Exhibit A – Findings and Statement of Overriding Considerations

3. Exhibit B – Mitigation Monitoring and Reporting Program

4. Ordinance No. 2023-02 (SPLA21-00001) and Exhibit A

5. Ordinance No. 2023-04 (DA22-00002)

6. Exhibit A - Development Agreement

7. Resolution No. 2023-02

8. Exhibit A - List of Conditions (CUP21-00004)

9. Exhibit A – List of Conditions (CUP21-00005)

10. Resolution No. 2023-03

11. Exhibit A - List of Conditions (TPM22-00010)

12. Planning Commission Staff Report with attachments.

ORDINANCE NO. 2023-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESP ERIA,

CALIFORNIA, AMENDING THE OFFICIAL GENERA L PLAN AND ZONING

MAP BY RECLASSIFYING CERTAIN REAL PROPERTY HEREIN

DESCRIBED WITHIN THE MAIN STREET AND FREEW AY CORRIDOR

SPECIFIC PL AN FROM REGIONAL COMMERCIAL ( RC) TO COMMERCIAL INDUSTRIAL BUSINESS PARK (CIBP) ON APPROXIMATELY 40 GROSS

ACRES LOCATED ON THE EAST SIDE OF MESA LINDA STREET,
IMMEDIATELY WEST OF THE I-15 FREEWAY, AND APPROXIMATELY 1,000 FEET SOUTH OF MAIN STREET (SPLA21-00001)
WHEREAS, On January 5, 1998, the City Council of the City of Hesperia adopted Resolution No. 250, thereby adopting the Hesperia Municipal Code; and WHEREAS, On September 2, 2008, the City Council of the City of Hesperia adopted Resolution No. 2008-12, thereby adopting the Main Street and Freeway Corridor Specific Plan; and WHEREAS, Covington Group, Inc. (Applicant) has filed an app lication requesting approval of Specific Plan Amendment SPLA2 1-00001 described herein (hereinafter referred to as "Application"); and
WHEREAS, the Application applies to approximately 40 gross acres of a 45 gross acre site within the Regional Commercial (RC) zone of the Main Street and Freeway Corri dor Specific Plan located on the located on the east side of Mesa Linda Street, immediately west of the I-15 freeway, and approximately 1,000 feet south of Main Stre et and consists of Assessor's Parcel Number 3064-601-07; and
WHEREAS, the Application, as contemplated, proposes to change the zoning of 40 gross acres of a 45 gr oss acre site within the Main Street and Freeway Corridor Speci fic Plan from the Regional Commercial (RC) zone to the Commercial Industrial Business Park (CIBP) zone; and WHEREAS, the applicant has also filed a n application requesting approval of CUP21 -00004, TPM22-00010, DA22 -00002 and CUP21-00005 to const ruct approximately 1,850,000 square feet of industria l warehouse space on approximately 97 acres of vacant land. Conditional Use Permit CUP21-00004 in conjunction with Tentative Parcel Map TPM22-00010 was filed for Building 1, and CUP21-00005 was filed for Building 2. Building 1 includes the construction of an approximately 1,108,000 square foot industrial warehouse on approximately 61 gross acres and Building 2 inc ludes the construction of an approximately 742 ,000 square foot industrial warehouse on approximately 36 gross acres. In conjunction with CUP21-00004 a Specific Plan Amendment has also been filed to change approximately 45 acres of the project site fro m Regional Commercial (RC) to Commercial In dustrial Business Park (CIBP) . In addition, a Development Agreement (DA) is proposed that would among othe r things, allow both CUP applications to be effective for 8 years initially, with a provision to allow an a utomatic 2-year extension; and
WHEREAS, the subject site is vacant. Surrounding land uses primary consist of vacant land ; and

Ordinance No. 2023-02

WHEREAS, the subject property is currently within the Regional Commercial (RC) zone of the Specific Plan. The land to the north is within the Regional Commercial (RC) zone. The land to the south and west are within the Commercial Industrial Business Park (CIBP) zone of the Specific Plan. The I-15 Freeway forms the eastern boundary of the site; and WHEREAS, on December 8, 2022, the Planning C ommission of the City of Hes peria adopted Resolution No. PC-2022-26, recommending that the City Council adopt the environmental findings p ursuant to California Environmental Quality Act (CEQA), adopt ing a Stateme nt of Overriding Considerations, certifying the Final Environmental Impact Report (SCH #2019110418), and adopting a Mitigation Monitoring and Reporting Plan; and WHEREAS, on December 8, 2022, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and
WHEREAS, on January 17, 20 23, the City Council of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Application, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL 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. Bas ed upon substantial evidence presented to the City Council during the above-referenced January 17, 2023, hearing, including public testimony and written and oral staff reports, the City Council specifically finds as follows:
(a) Based on adoption of Resolution No. 2023-01, the Environmental Findings, Statement of Overriding Consider ations, Mitigation Monitoring and Reporting h ave been adopted and the Final Environmental Impact Report (SCH # 2019110418) has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.
(b) The 40 gross acres that are proposed to be changed from Re gional Commercial (RC) to Commercial Industrial business Park (CIBP) are suitable for the land uses allowed in the CIBP zoning classification, and adequate space exists which can meet the standards for setbacks, height, lot coverage, parking and circulatio n within the proposed Specific Plan designation.
(c) The proposed development will not have a substantial adverse effect on abutting prop erties, or the permitted use thereof because the proposed project is consi stent with the City’s General Plan and the Main Street and Freeway Corridor Specific Plan. In addition, each of

Ordinance No. 2023-02

the uses envisioned under the proposed project is per mitted or conditionally permitted in the Commercial Industrial Business Park (CIBP) Zone of the Specific Plan . The project is on the fri nge of an area which is also zoned CIBP and contains truck -related uses . A Traffic Impact Analysis (TIA) was submitted a s part of the lan d use application, which identifies improvements needed to mitigate the additional traffic from this project. Further, the developer shall participate in the City wide industrial co mmunity facilities district (CFD) to pay for the ongo ing maintenance of public infrastructure and services. The developer is also required to pay Cit y Development Impact Fees.
(d) The proposed project is consistent with the adopted General Plan of the City of Hesperia because an objective in the City’s General Plan seeks to “…Promote industrial development within the City which will exp and its tax base and provide a range of employm ent activities, while not adversely impacting the community or environment.” The proposed project will expand employment opportunities for City residents and is estimated to provide 2,309 jobs.
(e) Based upon substantial evidence presented to the City Council , including writ ten and oral s taff reports, the City Council specifically finds that the proposed Ordinance is consistent with the goa ls and objectives of the adopted General Plan. The subject parcel is capable of utilizing existing supporting infrastructure and municipal s ervices, as directed by the City’s adopted General Plan.

Section 3. Based on the findings and conclusions set fo rth in this Ordinance, the City Council hereby adopts Specific Plan Amendment SPLA21-00001, to change approximately 40 gross acres of a 45 gross acre site within the Main Street and Freeway Corridor Specific Plan from Regional Commercial (RC) to Commercial Industrial Business Park (CIBP) 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 p osted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution No. 2007-101.

Ordinance No. 2023-02

ADOPTED AND APPROVED this 7th day of February 2023.
_______________________________
_______________________________________
Brigit Bennington, Mayor
ATTEST:
_________________________________________
Melinda Sayre, City Clerk

Ordinance No. 2023-02

Exhibit “A”

ORDINANCE NO. 2023-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA,

APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HESPERIA AND COVINGTON GROUP, INC REGARDING THE I-15 PROJECT (OTHERWISE REFERRED TO AS CUP21-00004 AND CUP2 1-00005) LOCATED ON THE EAST SIDE OF MESA LINDA STREET, IMMEDIATELY WEST OF THE I-15 FREEWAY, AND APPROXIMATELY 1,000 FEET SOUTH OF MAIN STREET (BUILDING 1) AND AT THE NORTHEAST CORNER OF HIGHWAY 395 AND POPLAR STREET (BUILDING 2) (DA22-00002)
WHEREAS, Covington Group, Inc. (Applicant) has filed an application requesting approval of Development Agreement DA22-00002, described herein (hereinafter referred to as "Application").

DA22-00002 shall apply to Conditional Use Permit CUP21-00004 and CUP21-00005 (hereinafter referred to as the “I-15 Project” and
WHEREAS, pursuant to California Government Code Section 65865, any city, county, or city and county, may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article; and WHEREAS, pursuant to California Government Code Section 65865.2, a development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applica nt financing of necessary public facilities and subsequent reimbursement over time; and WHEREAS, the Applicant also proposes to obtain approval of a development agreement, to allow the I-15 Project to be effective for 8 years initially, with a provision allowing an automatic 2-year extension. In return, the City is requiring the Developer to construct specified water and sewer infrastructure within the first 3 years from when the Development Agreement is executed. In return, the City is requiring the Developer to construct certain off -site improvements that extend beyond the limits of the project frontage ; as well as to provide a monetary contribution towards the construction of a regional detention basin that will be loc ated at the end of the Oro Grande Wash. Furthermore, the DA provides that the applicant will contribute a monetary contribution in- lieu of constructing a portion of a required screen wall; and WHEREAS, the I -15 Industrial Project consist of the constructi on of approximately 1,850,000 square feet of industrial warehouse space on approximately 97 acres of vacant land. Conditional Use Permit CUP21-00004 in conjunction with Tentative Parcel Map TPM22 -00010 was filed for Building 1, and CUP21-00005 was filed for Building 2. Building 1 includes the construction of an approximately 1,108,000 square foot industrial warehouse on approximately 61 gross acres and Building 2 includes the construction of an approximately 742,000 square foot industrial warehouse on approximately 36 gross acres. In conjunction with CUP21-00004 a Specific Plan Amendment (SPLA21-00001) has also been filed to change approximately 40 acres of the project site from Regional Commercial (RC) to Commercial Industrial Business Park (CIBP).

WHEREAS, the Application applies to 97 acres of vacant property and consists of Assessor's Parcel Numbers 3064-601-07 & 3064-621-01 & 3064-581-01; and

Ordinance No. 2023-04

WHEREAS, in furtherance of the public purposes of the City, the Applicant and the City desire to enter into a Development Agreement; and

WHEREAS, on December 8, 2022, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing, at which time all interested parties were provided the opportunity to give testimony for or against the issue; and

WHEREAS, on January 17, 2023, the City Council of the City of Hesperia adopted Resolution No. 2023-01, adopt ing the environmental findings pursuant to California Environmental Quality Act (CEQA), adopting a Statement of Overriding Considerations, certifying the Final Environmental Impact Report (SCH #2021060397), and adopting a Mitigation Monitoring and Reporting Plan; 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 C ouncil, including written and oral staff reports, the C ouncil specifically finds that the proposed Development Agreement is consistent with the goals and objectives of the adopted General Plan.

Section 3 . Based on adoption of Resolution 20 23-01, the E nvironmental Findings, Statement of Overriding Considerations, Mitigation Monitoring and Reporting have been adopted and the Final Environmental Impact Report (SCH #2021060397) has been certified pursuant to the California Environmental Quality Act (CEQA) for this project.

Section 4. Based upon substantial evidence presented to this Council during the above- referenced January 17, 2023, hearing, including public testimony and written and oral staff reports, this C ouncil has determined that the Development Agreement is in the best interest of the City and desires to enter into an agreement with the Applicant as shown on Exhibit “A”.

Section 5. Based on the findings and conclusions set forth in this Ordinance, this Council hereby adopts Development Agreement DA22-00002, as shown on Exhibit “A.”

Section 6. This Ordinance shall take effect thirty (30) days from the date of adoption.

Section 7. 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 Hespe ria pursuant to the provisions of Resolution No. 2007-101.

Ordinance No. 2023-04

ADOPTED AND APPROVED this 7th day of February 2023.

_______________________________________
Brigit Bennington, Mayor
ATTEST:

_________________________________________
Melinda Sayre, City Clerk

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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Hesperia
9700 Seventh Avenue
Hesperia, CA 92345
Attention: City Clerk
APNs: (Space Above For Recorder’s Use)
Exempt from Recording Fees pursuant to Government Code Section 27383

DEVELOPMENT AGREEMENT
(I-15 Industrial Park)
between

CITY OF HESPERIA,
a California general law city and municipal corporation and Mesa Linda 68 LLC and Poplar 35 LLC
Reference dated as of __________, 2022

TABLE OF CONTENTS
Page
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RECITALS ................................................................................................................................... 1

1. DEFINITIONS AND EXHIBITS ..................................................................................... 2

1.1 Definitions............................................................................................................. 2

1.2 Exhibits ................................................................................................................. 5

2. GENERAL PROVISIONS ............................................................................................... 6

2.1 Binding Effect of Agreement ................................................................................ 6

2.2 Term ...................................................................................................................... 6

2.3 Extension of Term................................................................................................. 6

2.4 Assignment and Transfer ...................................................................................... 6

2.5 Voluntary Amendment or Cancellation of Agreement ......................................... 8

2.6 Termination ........................................................................................................... 8

2.7 Representations and Warranties ............................................................................ 8

2.8 Notices .................................................................................................................. 9

3. DEVELOPMENT OF THE PROPERTY ....................................................................... 10

3.1 Vested Right to Develop ..................................................................................... 10

3.2 Effect of Agreement on Land Use Regulations; Development Exactions; Development Plan; Submittal of Subsequent Development Approvals ............................................................................................................ 10

3.3 Timing of Development; Public Improvements Phasing .................................... 11

3.4 Changes and Amendments to Existing or Subsequent Development Approvals ............................................................................................................ 11

3.5 Reservations of Authority ................................................................................... 11

3.6 Subsequent Development Approvals .................................................................. 12

3.7 Modification or Suspension by State or Federal Law ......................................... 13

3.8 Future Use of EIR ............................................................................................... 13

3.9 Third Party Permits and Approvals and Utilities ................................................ 13

4. PUBLIC BENEFITS ....................................................................................................... 13

4.1 Development Impact Fees................................................................................... 13

4.2 Credit for Construction ....................................................................................... 14

5. PUBLIC FINANCING ................................................................................................... 14

5.1 Financing............................................................................................................. 14

6. REVIEW FOR COMPLIANCE ..................................................................................... 14

6.1 Periodic Review .................................................................................................. 14

6.2 Procedure ............................................................................................................ 15

6.3 No Waiver ........................................................................................................... 15

6.4 Proceedings for Modification or Termination .................................................... 15

6.5 Hearing on Modification or Termination ............................................................ 16

6.6 Certificate of Agreement Compliance ................................................................ 16

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6.7 No Cross-Defaults ............................................................................................... 16

7. INTENTIONALLY OMITTED ..................................................................................... 16

8. DEFAULT AND REMEDIES ........................................................................................ 16

8.1 Remedies in General ........................................................................................... 16

8.2 Specific Performance .......................................................................................... 17

8.3 Release ................................................................................................................ 17

8.4 City’s Termination of Agreement or Exercise of Other Remedies Upon Developer’s Default ............................................................................................ 17

8.5 Developer’s Termination of Agreement or Exercise of Other Remedies Upon City’s Default ............................................................................................ 18

8.6 Informal Resolution ............................................................................................ 18

9. THIRD PARTY LITIGATION ...................................................................................... 18

9.1 Defense of Third Party Litigation ....................................................................... 18

9.2 Extension of Term............................................................................................... 18

10. MORTGAGEES ............................................................................................................. 19

10.1 Mortgagee Protection .......................................................................................... 19

11. INSURANCE; INDEMNIFICATION............................................................................ 19

11.1 Insurance ............................................................................................................. 19

11.2 Indemnification ................................................................................................... 21

12. MISCELLANEOUS PROVISIONS ............................................................................... 22

12.1 Recordation of Agreement .................................................................................. 22

12.2 Entire Agreement ................................................................................................ 22

12.3 Estoppel Certificates ........................................................................................... 22

12.4 Severability ......................................................................................................... 22

12.5 Interpretation and Governing Law ...................................................................... 23

12.6 Section Headings ................................................................................................ 23

12.7 Singular and Plural .............................................................................................. 23

12.8 Including ............................................................................................................. 23

12.9 Time of Essence .................................................................................................. 23

12.10 Calendar Periods ................................................................................................. 23

12.11 Waiver ................................................................................................................. 23

12.12 No Third Party Beneficiaries .............................................................................. 23

12.13 Permitted Delays ................................................................................................. 23

12.14 Successors in Interest .......................................................................................... 23

12.15 Counterparts ........................................................................................................ 24

12.16 Jurisdiction and Venue ........................................................................................ 24

12.17 Project as a Private Undertaking ......................................................................... 24

12.18 Further Actions and Instruments ......................................................................... 24

12.19 Eminent Domain ................................................................................................. 24

12.20 Attorneys’ Fees ................................................................................................... 24

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12.21 Authority to Execute ........................................................................................... 24

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DEVELOPMENT AGREEMENT
(I-15 Industrial Park)
This Development Agreement ( I-15 Industrial Park Building 1 and 2 ) (“Agreement”) is entered into between the CITY OF HESPERIA, a California general law city and municipal corporation (“City”); Mesa Linda 68 LLC , a Nevada limited liability company, and Poplar 35 LLC, a Nevada limited liability company (together, “Developer”). This Agreement is dated as of _____________, 2022 for reference only. This Agreement will not become effective until the “Effective Date” (defined below). City and Developer are entering into this Agreement in reliance on the facts set forth in the Recitals, below.

RECITALS
A. City is authorized under Government Code Section 65864, et seq. (“Development Agreement Law”) to enter into bindin g development agreements with persons having legal or equitable interests in real property for the development of that property.

B. Developer owns or has an equitable interest in real propert ies consisting of the approximately ninety-six and one tenth (96.1) gross acres of land and approximately sixty-seven and one tenth (67.1) gross acres of land (together, “Property”) described on the attached Exhibit A (Building 1) and Exhibit C (Building 2) and depicted on the attached Exhibit B (“Site Plan Building 1”) and Exhibit D (“Site Plan Building 2”) respectively.

C. Developer applied to City for approval and enactment of this Agreement as the primary governing instrument for the development and use of the Property. The City Planning Commission ( “Planning Commission ”) and the City Council ( “City Council”) have conducted public hearings and have found that this Agreement is consistent with City ’s General Plan (“General Plan”), including the General Plan Land Use Element.

D. On _____________, 202 2, t he City Council adopted Ordinance No. ____-__ (“Enacting Ordinance”), which approved this Agreement.

E. By adopting the Enacting Ordinance, the City Council elected to exercise its governmental powers with regard to the Development of the Property at the p resent time rather than later. This Agreement binds City and future City Councils and limits the City Council’s future exercise of its police powers. This Agreement has been found by the City Council to be fair, just and reasonable and in the best interests of City’s citizens and the health, safety and welfare of the public.

F. City has complied with all California Environmental Quality Act (California Public Resources Code Section 21000, et seq.) (“CEQA”) requirements with respect to the approval of this Agreement and of the Project, through the City Council’s approval and certification of the “I- 15 Industrial Park Project Environmental Impact Report (SCH 2021060397)” (“EIR”).

G. Developer proposes to subdivide and develop the Property with two (2) industrial/warehouse buildings and has obtained City’s approval of the following Development Approvals: General Plan Amendment (GPA ______); Specific Plan Amendment (SP LA 21-

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00001); Zone Change (ZC ________); two (2) Conditional Use Permits, one each for Building 1 and Building 2 (CUP 21-000004 & CUP 21-00005); and Tentative Parcel Map (TPM 20315).

H. All of City’s prior actions and approvals with regard to this Agreement complied with all applicable legal requirements related to notice, public hearings, findings, votes, and other procedural matters.

I. The development of the Property in accordance with this Agreement will provide substantial benefits to City. This Agreement eliminates uncertainty in planning and provides for the orderly development of the Property, ensures the progressive installation of necessary public improvements to serve the Project, and serves the purposes of the Development Agreement Law.

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following initially capitalized terms used in this Agreement have the following meanings:
“Agreement” means this Development Agreement and all attachments and exhibits thereto. “Annual Monitoring Report” has the meaning ascribed to the term in Section 6.1. “Backbone Infrastructure ” means th e central network system for streets, wet and dry utilities and drainage within the Project, as specifically shown in the Development Plan. “CEQA” has the meaning ascribed to the term in Recital F. “Certificate of Agreement Compliance ” or “Certificate” has the meaning ascribed to the term in Section 6.6.
“Certificate of Occupancy ” means a document issued by City ’s Building Department, certifying a building’s compliance with applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy.
“City” means the City of Hesperia, a California general law city and municipal corporation, its successors and assigns, and its related or subordinate boards, commissions, and entities. “City Council” means the City Council of the City of Hesperia. “Construct and Dedicate ” means the obligation to acquire all necessary real property interests required for, to construct in accordance with City-approved plans and specifications, and to thereafter dedicate to City in accordance with City ’s standards, practices and requirements for the dedication of public improvements, the applicable public improvement to which the term “Construct and Dedicate” is made applicable by this Agreement, all at no cost or expense to City.

Developer’s obligation to Construct and Dedicate will be fulfilled only upon City’s inspection and acceptance of the dedicated improvement into City’s system of public improvements. “Developer” means Mesa Linda 68 LLC and Poplar 35 LLC , Nevada limit ed liability companies, and their successors and assigns.

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“Development” means the subdivision and improvement of the Property for the purposes of constructing or reconstructing the public and private structures, improvements and facilities comprising the Project, including, but not limited to: grading; the construction or reconstruction of infrastructure and public and private facilities related to the Projec t, whether located within or outside the Property; the construction or reconstruction of buildings and structures; and, the installation of landscaping. “Development” does not include the maintenance of any building, structure, improvement or facility after its construction and completion. “Development Agreement Law” has the meaning ascribed to the term in Recital A. “Development Approvals” mean all site -specific (meaning specifically applicable to the Property only and not generally applicable to some or all other properties within the City) plans, maps, approvals, permits and other entitlements applicable to the Development of the Property, including, but not limited to: specific plans and specific plan amendments; tentative and final subdivision and parcel maps; conditional use permits, public use permits and site plans; zoning; variances; and, grading and building permits. The term Development Approvals does not include (i) rules, regulations, policies, and other enactments of general application within the City authorized to be applicable to the Property pursuant to this Agreement, or (ii) any matter where City has reserved authority under this Agreement.
“Development Exactions ” mean any monetary or non -monetary exaction or mitigation measure, including a Development Impact Fee, imposed by City in connection with a Development Approval or in connection with the granting of any other right, privilege or approval pertaining to the Project, including requirements for land dedication or for public constructi on either within or outside the Property.
“Development Impact Fee” means a monetary payment authorized by Government Code Section 66001, et seq., whether imposed legislatively on a broad class of development projects or on an ad hoc basis to a specific development project.
“Development Plan” means the proposed plan for Development of all or a portion of the Property pursuant to the Existing Devel opment Approvals and Subsequent Development Approvals, in accord with the Existing Land Use Regulations and applicable Subsequent Land Use Regulations, subject to the Reservations of Authority.
“Effective Date” means the date which is thirty (30) days following the second reading and adoption of the Enacting Ordinance.
“EIR” has the meaning ascribed to the term in Recital F. “Enacting Ordinance” has the meaning ascribed to the term in Recital D. “Existing Development Approvals” mean all Development Approvals approved or issued by City prior to or the same day as the second reading and adoption of the Enacting Ordinance, including the Development Approvals described in Recital G. “Existing Development Approvals” do not include the EIR.

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“Existing Land Use Regulations” mean all Land Use Regulations in effect as of the second reading and adoption of the Enacting Ordinance.
“General Plan” has the meaning ascribed to the term in Recital C. “Land Use Regulations ” mean all ordinances, resolutions, codes, rules, regul ations and official written policies of the City and/or any subsidiary district of the City and/or any joint powers authority or council of governments of which the City is a member which affect, govern, or apply to land development and use of the Property, including those governing: the permitted use of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; development impact fees; design, improvement and construction standards applicable to the Development of the Property; and the reservation or dedication of land for public purposes, all as may be modified or supplemented pursuant to this Agreement. “Land Use Regulations” do not include any ordinance, resolution, code, rule, regulation or offic ial policy governing: the conduct of businesses, professions, and occupations; taxes and assessments; the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; or the exercise of the power of eminent domain. “Lot” means any legally subdivided lot of the Property which is intended for commercial or industrial uses.
“Minor Amendment” has the meaning ascribed to the term in Section 3.4.A. “Mitigation Monitoring and Reporting Program ” or “MMRP” means the mitigation monitoring and reporting program for assessing and ensuring compliance with required mitigation measures, which was approved by City Resolution No. ____-__, on ___________, 202 2 in conjunction with the City Council’s certification of the EIR. “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust, or any other security-device lender, and their successors and assigns. “Notice” has the meaning ascribed to the term in Section 2.8.A. “Parties” mean City and Developer, collectively.
“Party” means either City or Developer, individually.
“Permitted Delay” means delays in a Party’s performance due to: changes in local, state or federal laws or regulations (other than changes expressly permit ted by this Development Agreement); strikes or the inability to obtain materials; delays caused by governmental agencies in issuing permits and approvals; a development moratorium (including, but not limited to, a water or sewer moratorium) or the actions of other public agencies to prohibit Development of the Property; civil commotion, fire, acts of God, war, lockouts, riots, floods, earthquakes, epidemic, quarantine, freight embargoes, and/or failure of contractors to perform; any third-party court action to set aside or modify the Existing Development Approvals; or, other circumstances beyond a Party’s reasonable control and which substantially interfere with either Party ’s ability to perform its obligations under this Agreement. “Permitted Delays” do not include delays attributable to

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Developer’s inability to obtain funds or financing or due to changes in market conditions or demands, whether or not foreseeable as of the Effective Date.

The period of a “Permitted Delay” will not commence to run until the date of the Notice by which the Party alleging the Permitted Delay informs the other Party of the existence of the Permitted Delay and the circumstances giving rise to it. The period of the Permitted Delay will end when the circumstances giving rise to t he Permitted Delay are eliminated or mitigated. The Party alleging the Permitted Delay will exercise commercially reasonable efforts to eliminate or mitigate the circumstances giving rise to the Permitted Delay. “Person” means and refers to any association, corporation, governmental entity or agency, individual, joint venture, joint -stock company, limited liability company, partnership, trust, unincorporated organization, or other entity of any kind, including City and Developer. “Planning Commission” has the meaning ascribed to the term in Recital C. “Project” means the Development of the Property in accord with the Development Plan, as the Development Plan may be further defined, enhanced or modified in accordance with this Agreement.
“Property” means the real property described on Exhibit A and depicted on Exhibit B. “Reservations of Authority” mean the rights reserved to City under Section 3.5. “Site Plan” has the meaning ascribed to the term in Recital B. “Special District” has the meaning ascribed to the term in Section 5.1. “Subsequent Development Approvals” mean all Development Approvals approved by City subsequent to the Effective Date.
“Subsequent Land Use Regulations” mean all Land Use Regulations adopted and effective after the Effective Date.
“Term” has the meaning ascribed to the term in Section 2.2. and includes any extension authorized by Section 2.3.
“Transfer” has the meaning ascribed to the term in Section 2.4.A. “Transferee” has the meaning ascribed to the term in Section 2.4.A. “Transferor” has the meaning ascribed to the term in Section 2.4.A.

Other initially capitalized terms used in this Agreement but not otherwise set forth in Paragraph A, above, will have the meaning given to those terms where they first appear in this Agreement.

1.2 Exhibits. The following documents are attached to a part of this Agreement:

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Exhibit A Legal Description of Building 1
Exhibit B Site Plan Building 1
Exhibit C Legal Description of Building 2
Exhibit D Site Plan Building 2
Exhibit E Screen Wall Exhibit

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. The Property is made subject to this Agreement and the Development of the Property may be carried out in accordance with this Agreement. The benefits and burdens of this Agreement touch and concern the Property and bind Developer and all future owners of all or any portion of the Property.

2.2 Term. The term (“Term”) of this Agreement will commence on the Effective Date and will expire on the eighth (8th) anniversary of the Effective Date, unless terminated sooner by operation of some other provision of this Agreement or extended in accord with Section 2.3 or Section 9.2.

2.3 Extension of Term.

Upon Developer’s request made by Notice given no earlier than six (6) months, but no later than two (2) months, prior to expiration of the original Term, the Term of this Agreement will be extended for one (1) additional two- (2-) year period beyond the original Term, so long as:
a. Developer is not, as of the giving of the Notice, in material uncured breach of this Agreement and is not in the process of curing said breach, as determined by City following a special review pursuant to Article 6, so long as City undertakes the special review on its own initiative and completes the special review no later than six (6) months prior to expiration of the original Term; and
b. Commencement of Construction has occurred on at least one of the proposed buildings authorized by the Development Plan, as it may be modified by one (1) or more Subsequent Development Approvals. “Commencement of Construction” means the pouring and certification of building foundations.

Upon extension of the Term in accord with this Section 2.3, City will execute, in recordable form, any instrument which Developer may reasonably require to evidence the extension.

2.4 Assignment and Transfer . Developer may sell, lease, license, hypothecate, transfer, or assign (any or all of the foregoing, individually and collectively, “ Transfer”) the Property in whole or in part (provided that no partial Transfer may violate the Subdivision Map Act, Government Code Section 66410, et seq .) to any Person at a ny time; provided that any Transfer shall be subject to City’s reasonable review and approval, which approval shall not be unreasonably withheld. City’s approval or disapproval must be by Notice and must be given within

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ninety (90) days after the Transferor submits Notice to City describing the proposed Transfer and the Transferee. If City fails to provide Notice within the ninety (90) day period, then City’s approval will be deemed to be irrevocably given and the Transferor and the Transferee may rely on City’s deemed approval. As used in this Agreement, the term “ Transferor” means the Person (including Developer) making the Transfer and the term “ Transferee” means the Transfer recipient. No Transfer of any right or interest in this Agreement may be made unless made together with the Transfer of all or a part of the Property. City will execute (in recordable form, if necessary) and deliver those releases, consents, and other instruments as may be requested by a Transferor, a Transferee, or any Mortgagee to evidence the assignments and releases described in this Section 2.4.

2.5 Voluntary Amendment or Cancellation of Agreement . This Agreement may be voluntarily amended or cancelled in whole or in part only with the written consent of City and all Persons holding fee title to that portion of the Property to which the amendment or cancellation will apply. The amendment or cancellation process must comply with Government Code Section 65868. This Section 2.5 does not limit the operation of Government Code Section 65869.5.

2.6 Termination. This Agreement will automatically terminate upon the occurrence of any of the following events:
i. The expiration of the Term.
ii. The entry of a final judgment setting aside, voiding or annulling the City Council’s adoption of the Enacting Ordinance.
iii. The adoption of a referendum measure overriding or repealing the Enacting Ordinance.
iv. The completion of the Project, as evidenced by the issuance of all required Certificates of Occupancy and the acceptance of all required public dedications. v. Upon a Party ’s election to terminate this Agreement under Section 8.4 and Section 8.5. If the terminating Party under Section 8.5 does not own the entirety of the Property, then t he termination will apply only to that portion of the Property owned by the terminating Party.

2.7 Representations and Warranties.
a. City represents and warrants to Developer, as follows:
i. City is a public body, corporate and politic. City is authorized to enter into this Agreement pursuant to Government Code Section 65864, et seq., and the execution and delivery of this Agreement by City has been fully authorized by all requisite actions on the part of City.

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ii. City’s execution and delivery of this Agreement and City ’s performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which City is a party or by which it is bound. iii. City has not received any notice of, or knows of any basis for, any actual or pending litigation or proceeding by any Person against City with respect to the Property or this Agreement.
b. Developer represents and warrants to City, as follows:
i. Developer is comprised of two entities, both of which are duly organized corporations established within and in good standing under the laws of the State of Nevada and are authorized to do business in the State of California . The execution and delivery of this Agreement by Developer has been fully authorized by all requisite actions on the part of Developer.
ii. Developer is either the owner of fee simple title to the Property or has an equitable interest in the Property.
iii. Developer’s execution and delivery of this Agreement and Developer’s performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Developer is a party or by which it is bound.
iv. Developer is not the subject of bankruptcy or receivership proceedings and is not insolvent.
v. Developer has not received any notice of, or knows of any basis for, any actual or pending litigation or proceeding by any Person against Developer with respect to the Property or this Agreement.

2.8 Notices.
a. As used in this Agreement, the term “Notice” means any request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other required or permitted communication.
b. All Notices must be in writing and will be considered given:
i. When delivered in person to the recipient named below. ii. On the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope, postage prepaid, as either registered or certified mail, return receipt requested.
iii. On the date of delivery shown in the records of a reputable delivery service (e.g. UPS or Federal Express).

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c. All Notices must be addressed as follows:

If to City:

City of Hesperia
9700 Seventh Avenue
Hesperia, CA 92345-3493
Attn: City Manager
If to Developer:

Mesa Linda 68 LLC and Poplar 35 LLC.
14180 Dallas Parkway, Suite 730
Dallas, TX 75254
Attn: Mark Milakovich

with a copy to:

Aleshire & Wynder, LLP
18881 Von Karman Avenue, Suite 1700
Irvine, CA 92612
Attn: Pam K. Lee
with a copy to:

Rutan & Tucker, LLP
18575 Jamboree Road, Suite 900
Irvine, CA 92612
Attn: John A. Ramirez
d. Either Party may, by Notice given at any time, require subsequent Notices to be given to another Person or to a different address, or both. Notices given before receipt of Notice of change of address will not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1 Vested Right to Develop . Subject to the terms of this Agreement, Developer has the legally vested right to develop the Property in accordance with, and to extent of, the Development Plan, the Development Approvals, applicable Subsequent Development Approvals, applicable Subsequent Land Use Regulations, and this Agreement.

3.2 Effect of Agreement on Land Use Regulations; Development Exactions; Development Plan; Submittal of Subsequent Development Approvals. a. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the rules, regulations, and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to the Development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, City will exercise its discretion in accordance with the Development Plan and this Agreement, including, but not limited to, the Reservations of Authority.
b. The Development Plan for the Project may require the processing of Subsequent Development Approvals. The City will accept for processing, review and action all applications for Subsequent Development Approvals, and such applications will be processed in the normal manner for processing such matters in accordance with the Existing Land Use Regulations. The Parties acknowledg e that City is not obligated in any manner to approve any Subsequent Development Approval, or to approve any Subsequent Development Approval with or without any particular condition, except that City ’s actions concerning Subsequent Development Approvals mu st be consistent with the Development Plan and Existing Land Use

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Regulations, subject to the Reservations of Authority. Unless otherwise requested by Developer, City may not amend or rescind any Subsequent Development Approvals applicable to the Property after those Approvals have been granted by the City. Processing of Subsequent Development Approvals or changes in the Development Approvals or Development Plan made pursuant to Developer’s application will not require an amendment to this Agreement; howev er, upon their approval by the City, all Subsequent Development Approvals or changes in the Development Approvals or Development Plan will be subject to and covered by this Agreement.

3.3 Timing of Development; Public Improvements Phasing. a. Nothing in this Agreement is a covenant to develop or construct the Project.

The Parties acknowledge that Developer cannot predict if, when, or the rate at which phases of the Project will be developed. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the litigants in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the litigants ’ agreement. The Parties int end to cure that deficiency by providing that Developer has the right to develop the Project, or not development the project, in the order, at the rate, and at the times that Developer, in its sole and absolute discretion, determines to be appropriate, subject only to any Development Plan timing or phasing requirements. b. Required public improvements may be tied to certain phases of the Project.

The schedule for provision of these improvements, as they relate to a particular phase, will be governed by the Existing Development Approvals, Subsequent Development Approvals, the EIR, the MMRP, and this Agreement.

3.4 Changes and Amendments to Existing or Subsequent Development Approvals. a. The Parties acknowledge that the passage of time may demonstrate that changes to the Existing or Subsequent Development Approvals may be necessary or appropriate.

If the Parties determine that changes are necessary or appropriate, such changes may be made by mutual consent of the Parties in accord with Government Code Secti on 65868, and may be approved on behalf of City as follows:
i. By the City Manager or designee ( “City Manager”) in the case of minor changes which would qualify as a “Minor Amendment ” under Municipal Code Section 16.12.130 or 405, as determined by the City At torney, and in any other case where the City Manager is authorized by this Agreement to act.
ii. By the City Council in the case of any other changes not subject to paragraph (1), above, or if otherwise legally required. iii. The City Manager and City Attorney will determine whether a proposed change is subject to approval by the City Manager or the City Council, as the case may be.
iv. No modification, amendment or other change to this Agreement will be effective for any purpose unless specifically set forth in a writi ng that refers expressly to this Agreement and is signed by both Parties’ authorized representatives.

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3.5 Reservations of Authority.
a. Any contrary provision in this Agreement notwithstanding, the following Subsequent Land Use Regulations will apply to the Project:
i. Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals or for monitoring compliance with any Subsequent Development Approvals granted or issued.
ii. Regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other procedural matter.
iii. Regulations governing construction standards and specifications, including City’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code, including fees thereunder, which are applied uniformly to all similar development projects within in City.
iv. Regulations which do not conflict with the Development Plan or this Agreement. To the greatest extent possible, these regulations must be applied and construed to provide Developer with all of the rights and assurances provided under this Agreement. For all purposes pursuant to this Agreement generally, and this paragraph (iv) specifically, an ordinance, resolution, initiative, referendum, moratorium or other regulation will be deemed to conflict with the Development Plan and this Agreement if the ordinance, resolution, initiative, referendum, or regulation seeks to, whether as part of a specific or general enactment that applies to the Property or Project: (i) limit or reduce the density, intensity, height or size of structures or type of development on the Property; (ii) regulate the timing or sequ encing of the development of the Property in any manner; (iii) require any additional on-site or off-site improvements not required by the applicable Land Use Regulations or Development Approvals to be constructed or paid for by Developer or a subsequent o wner of the Property; or (iv) restricting the use of the Property in any manner or degree other than as set forth in the applicable Land Use Regulations and Development Approvals.
v. Regulations that conflict with the Development Plan if Developer has given its written consent to those regulations.
vi. Federal, State, County, and multi-jurisdictional laws and regulations which City is required to enforce against the Property or the Development of the Property. vii. Subsequent Land Use Regulations applicable to local or regional Development Impact Fees.

The Parties acknowledge that City is restricted in its authority to limit its police powers by contract.

This Agreement will be construed, contrary to its stated terms if necessary, to reserve to City all those police powers that cannot be restricted by contract.

3.6 Subsequent Development Approvals.

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a. Upon Developer ’s request, City will accept and diligently process applications for Subsequent Development Approvals. City will exercise reasonable good faith efforts to expedite the processing of the Subsequent Development Approvals applications to ensure that those applications are promptly considered by the approving authority. City will ensure that all applications are processed and considered within the timing requirements of all applicable law, including the Permit Streamlining Act (Govt. Code § 65920, et seq.).

3.7 Modification or Suspension by State or Federal Law . If a State or Federal law or regulation which is enacted after the Effective Date prevents the Parties ’ compliance with any of this Agreement’s provisions, then that provision will be modified or suspended to the extent and for the time necessary to achieve compliance with the conflicting State or Federal law. This Agreement’s remaining provisions will continue una ffected. The Parties will amend this Agreement to preserve, to the greatest extent possible, the benefits that would arise to the Parties under this Agreement but for the conflicting State or Federal law. Upon the repeal of the conflicting State or Feder al law or upon the occurrence of any circumstance that removes their effect upon this Agreement, this Agreement ’s provisions will be automatically restored to their full original form and any amendment that the Parties may have entered into under this Section 3.7 will terminate.

3.8 Future Use of EIR . The future use of the EIR shall comply with state and federal law, including the California Environmental Quality Act (CEQA). The Parties understand that the EIR is intended to be used in connection with each of the Existing Development Approvals and Subsequent Development Approvals needed for the Project. City agrees to use the EIR in connection with the processing of any Subsequent Development Approval , except as may be otherwise required by the Reservations of Authority or state or federal law, including CEQA.

3.9 City Acceptance of Project Offsite Public Improvements . City agrees and acknowledges that City’s timely acceptance of the Project Offsite Public Improvements upon their completion is crucial for the rel ease of Developer’s bonds for the improvements. After the completion of the Project Offsite Public Improvements to City’s satisfaction, City shall accept the Project Offsite Public Improvements within ninety (90) days of receiving a written request from Developer for City to accept the Project Offsite Public Improvements . Developer shall submit Project Offsite Public Improvements for acceptance at one time. City shall accept Project Offsite Public Improvements upon notice from the Developer.

4. PUBLIC BENEFITS.

4.1 Development Impact Fees.
a. City has adopted a Development Impact Fee program designed to offset the costs of mitigating environmental and other impacts caused by development upon public facilities and improvements. The Development Impact Fees which will be applicable to the Project shall be those existing at the time of development. Development Impact Fees shall be paid at such time as payment of such fees are due and payable in accordance with the Land Use Regulations in effect at the time of final occupancies as set forth in City fee ordinances or resolutions or policies .

Development impact fees will apply to both Buildings 1 and 2. This Section shall not preclude

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City from adopting any new development impact fees in the future applicable to the Property or to other Development in the City.
b. Nothing in this Section 4.1 will limit the right of any other local, regional, state, or federal agency or district to impose upon the Project otherwise lawful fees, including non- City fees imposed by such agencies or districts and collected by City for the benefit of such agencies or district.

4.2 Fair Share Reimbursement for Offsite Improvements . The Parties acknowledge and agree that the Project Offsite Public Improvemen ts – limited to Highway 395/Poplar Stre et traffic signal improvements - exceed Developer’s fair share obligation and that will benefit other developer projects not included in this DA and future third party developers. The City shall impose a condition of approval on any and all future developments that benefit from the traffic signal improvements that will require all other area developments to either construct the signal or, if the signal has been completed by others, pay its fair share. If the signal is constructed by the developer, the City will collect fair shares at grading permits and forward collected amounts to Developer.

4.3 Financial Contributions . Developer shall make the following financial contributions prior to receiving a building permit:
a. Developer shall contribute one million two hundred thousand dollars ($1,200,000.00) to the City’s public art program in lieu of constructing a screening wall shown on the attached Exhibit E.
b. Developer shall contribute $3,000,000 towards the fu ture construction of the Oro Grande Wash detention basin – a project estimated to cost $5,100,000. The City intends to construct basin improvements in 2 phases - the first phase will include extending the existing storm drain system that ends in Cataba Roa d north of the Desert Willow RV Resort to the invert of the Oro Grande Wash in Yucca Terrace right -of-way. Phase 1 is estimated to cost 1.5 million.

The Developer shall pay 1.5 million within 60 days of execution of the Development Agreement with a certified CEQA approval with no pending litigation. The subsequent $1.5 million shall be paid within 30 days of issuance of the grading permit but not more than 5 years after execution of the Development Agreement. This financial contribution is made entirely as a public benefit as the construction of the detention basin is not required by the development of the Project.

4.4 Offsite Improvements . There are multiple developers processing project entitlement applications with the City in the area generally bounded or adjacent by Interstate 15, Main Street, Highway 395, and Muscatel Street. The City will condition each project to construct street improvements (1/2 width) along public rights -of-way frontages – frontage improvement construction will not be eligible for Development Impact Fee credits or reimbursements. The City will also condition the projects (and other projects in the area) to construct traffic signal and related improvements at the intersec tion of Highway 395 and Poplar Street (4 -way traffic signal). The final traffic signal scope of work will be as determined by Caltrans and the City during permit application processing and/or plan check and is anticipated to include traffic signals, turning lanes, added thru lanes, and related improvements. The Highway 395/Poplar Street improvements shall be constructed by the project that is constructed first and will be eligible for reimbursement from subsequent projects. Other offsite public improvements (“Project Offsite Public Improvements”)

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are limited to Sultana Street between Lassen Road and Mesa Linda Street (north ½ width). All offsite improvements shall be completed prior to any occupancies.

5. INTENTIONALLY OMITTED.

6. REVIEW FOR COMPLIANCE.

6.1 Periodic Review.
a. The City Manager will review this Agreement annually, on or before each anniversary of the Effective Date, as required by California Government Code Section 65865.1.

The purpose of the review will be to ascertain Developer ’s good faith compliance with the terms of this Agreement. Developer will submit an annual monitoring report ( “Annual Monitoring Report”), in a form prepared and approved by the City Manager within thirty (30) days after the City Manager’s written request. The Annual Monitoring Report must be accompanied by the then- current annual review and administration fee set by the City Council, which may not exceed the City’s actual costs of reviewing Developer’s compliance with the terms of this Agreement. b. The City Council may order a special review of Developer ’s compliance with this Agreement at any time. The City Manager will conduct the special review, which will be conducted at City’s sole expense.

6.2 Procedure.
a. During either a periodic review or a special review, Developer will be required to demonstrate good faith compliance with this Agreement. b. Upon completion of a periodic review or a special review, the City Manager will submit a report to the City Council setting forth the City Manager ’s conclusions concerning Developer’s good faith compliance with this Agreement.
c. If the City Council finds that Developer has complied in good faith with this Agreement, then the review will be concluded.
d. If the City Council makes a preliminary finding that Developer has not complied in good faith with this Agreement, then, following Notice and opportunity to cure as provided under Section 8.4, the City Council may modify or terminate this Agreement in accordance with Section 6.4 and Section 6.5.

6.3 No Waiver. Failure of City to conduct an annual review will not constitute a waiver by City of its rights to otherwise enforce the provisions of this Agreement nor will Developer have or assert any defense to such enforcement by reason of any such failure to conduct any annual review(s).

6.4 Proceedings for Modification or Termination.
a. If Developer fails to cure, or to commence to cure, as applicable, the matters constituting the basis for the City Council ’s preliminary finding under Section 6.2.D as required

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by Section 8.4, then City may proceed to modify or te rminate this Agreement following the procedures set forth in this Section 6.4 and in Section 6.5. City must hold a noticed public hearing concerning the modification or termination and provide Developer with Notice of the hearing. The Notice must include the following:
i. The time and the place of hearing, which must be no less than thirty (30) days following the date of the Notice;
ii. The specific action, whether amendment or termination, which City proposes to take; and
iii. Such other information as is reasonably necessary to inform Developer of the nature of the proceeding and the facts supporting City’s preliminary finding under Section 6.2.D.

6.5 Hearing on Modification or Termination . At the time and place set for the public hearing described in Section 6.4, Developer must be given an opportunity to be heard and present witnesses and evidence on its behalf. If, following the conclusion of the public hearing, the City Council finds, based upon substantial evidence in the record of the public hearing, that Developer has not complied in good faith with this Agreement, then the City Council may terminate or modify this Agreement and impose any conditions it determines as are reasonably necessary to protect City’s interests. The City Council’s decision will be administratively final and subject to judicial review under Code of Civil Procedure Section 1094.5.

6.6 Certificate of Agreement Compliance. If, at the conclusion of a special or periodic review, Developer is found to be in compliance with this Agreement, the n, upon Developer ’s written request, City will issue a “Certificate of Agreement Compliance ” (“Certificate”) to Developer stating that, after the most recent periodic or special review, this Agreement remains in effect and Developer is not in default of th is Agreement. The Certificate must be in recordable form, contain information necessary to communicate constructive record notice of the finding of compliance, state whether the Certificate is issued after a periodic or special review, and state the anticipated date of the next periodic review. Developer may record the Certificate with the San Bernardino County Recorder.

6.7 No Cross-Defaults. City acknowledges that Developer may Transfer all or portions of the Property to other Persons in accordance with Section 2.4. City further acknowledges that title to all or portions of the Property may become vested in Mortgagees or a Mortgagee’s successor as a result of foreclosure, or the acceptance of a deed in lieu of foreclosure, by a Mortgagee. City agrees that defaults under this Agreement by an owner of a portion of the Property will not be a default as to any other portion of the Property. In other words, a default by Developer with respect to its obligations pertaining to that portion of the Property retained by Developer following a Transfer will not constitute a default as to any Person other than Developer or permit City to exercise any remedy under this Agreement or otherwise with respect to any other portion of the Property other than that portion owned by Developer. Similarly, a default by a Transferee with respect to its obligations pertaining to the portion of the Property owned by t hat Transferee will not constitute Developer’s default or permit City to exercise any remedy under this Agreement or otherwise as to any portion of the Property other than the portion owned by the defaulting

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Transferee. City agrees that, if more than one Person holds title to the Property, then the rights and obligations of the Persons holding title to the Property are the distinct and several obligations of each Person.

7. INTENTIONALLY OMITTED.

8. DEFAULT AND REMEDIES.

8.1 Remedies in General.
a. The Parties acknowle dge that neither Party would have entered into this Agreement if it were to be liable for monetary damages under this Agreement. In general, and subject to those procedural prerequisites required under the Development Agreement Law or this Agreement, each of the Parties may pursue any remedy at law or equity available for the breach of this Agreement, except that neither Party will be liable in monetary damages (other than attorneys’ fees under Section 12.20) to the other Party, or to any successor in interest of that Party, or to any other Person. Each Party covenants not to sue for monetary damages or claim any monetary damages related to any of the following:
i. Any breach of this Agreement or for any cause of action that arises out of this Agreement; or
ii. Any taking, impairment or restriction of any right or interest arising under this Agreement; or
iii. Any dispute regarding the application or interpretation of this Agreement.

8.2 Specific Performance.
a. The Parties acknowledge that specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Agreement for the following reasons:
i. Money damages are unavailable against the Parties.
ii. Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once Developer has begun to implement this Agreement. After such time, Developer may be precluded from other options it may have had with regard to the Property. Moreover, Developer has invested significant time and resources in the planning and processing of the Project. Developer will be investing even more time and resources in implementing the Project in reliance upon this Agreement and it is not possible to determine the sum of money that would adequately compensate Developer if City were to breach its obligations.

8.3 Release. Except for the right to recover attorneys ’ fees under Section 12.20, Developer, for itself, its successors and assignees, releases City, its officials, officers, agents and employees from any and all monetary claims, demands, actions, or suits of any kind or nature

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arising out of any liability, known or unknown, present or future, including, any claim or liability based upon Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance that seeks to impose any monetary liability whatsoever upon City because it entered into this Agreement or because of the terms of this Agreement.

8.4 City’s Termination of Agreement or Exercise of Other Remedies Upon Developer’s Default. Subject to compliance with Sections 6.4 and 6.5, City may terminate or modify this Agreement upon Developer ’s failure to perform any material duty or obligation under this Agreement. City may terminate or modify this Agreement or exercise its other remedies only after providing Notice of default to Developer setting forth the nature of the default and the actions, if any, required to cure the default and only if Developer has failed to take the actions and materially cure the default within sixty (60) days after its receipt of the Notice. If a default is of a type that cannot be cured within sixty (60) days but can be cured within a longer time, then Developer must within sixty (60) days commence the actions necessary to cure the default and thereafter diligently proceed to cure the default.

8.5 Developer’s Termination of Agreement or Exercise of Other Remedies Upon City’s Default. Developer may terminate this Agreement or exercise its other remedies upon City ’s failure to perform any material duty or obligation under this Agreement. Developer may terminate this Agreement or exercise its other remedies only after providing Notice of default to City setting forth the nature of the default and the actions, if any, required by City to cure the default and only if City has failed to take such actions and materially cure the default within sixty (60) days after its receipt of the Notice. If a default is of a type that cannot be cured within sixty (60) days but can be cured within a longer time, then City must within sixty (60) days commence the actions necessary to cure the default and thereafter diligently proceed to cure the default.

8.6 Informal Resolution . During the administration and implementation of t his Agreement, the Parties recognize that good faith disagreements may arise between City staff and Developer. In the event that a dispute arises, the Parties will meet and confer in a good -faith attempt to resolve the dispute.

9. THIRD PARTY LITIGATION.

9.1 Defense of Third Party Litigation. City shall promptly notify Developer in writing of any claim, action or proceeding filed and served against City to challenge, set aside, void, annul, limit or restrict the approval and continued implementation and enforcem ent of this Agreement, including but not limited to challenges of the environmental review of the Project and this Agreement conducted pursuant to the California Environmental Quality Act. Developer and City agree to use good faith, commercially reasonable efforts to confer and cooperate with one another with respect to such third party litigation. Developer shall defend (with legal counsel of Developer’s selection, reasonably acceptable to City), indemnify and hold harmless City, its agents, officers and employees from any such claim, action or proceeding, and shall indemnify City for all costs of defense and/or judgment obtained in any such action or proceeding; provided, however, if Developer elects, in its sole discretion, not to defend the action (pre ferring to either allow judgment to be entered or to enter into a settlement with plaintiff(s) which declares this Agreement to be void, annulled, or which limits or restricts this Agreement), Developer shall so

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notify City in writing and City shall then h ave the option, in its sole discretion, of defending the action at its cost. In the event this Agreement, as a result of a third party challenge, is voided or annulled, or is limited or restricted such a manner that the intent and purposes of this Agreeme nt cannot be implemented as mutually desired by the parties hereto, this Agreement shall terminate and be of no further force or effect as of the date such judgment or settlement so voids, annuls, limits, or restricts the intent and purpose of this Agreement.

9.2 Extension of Term. Anything in this Agreement to the contrary notwithstanding, the Term (and any extension thereof under Section 2.3) will automatically be extended by the number of days in the period commencing on the date of filing of any claim, action, or proceeding of the type described in Section 9.1 and ending on the date that the claim, action, or proceeding is either settled or fully and finally resolved in City ’s and Developer ’s favor, as evidenced by the expiration of all appeal periods with no further appeal being filed or the issuance of a full, final, and non-appealable judgment or decision. City will execute, in recordable form, any instrument which Developer may reasonably require to evidence the extension.

10. MORTGAGEES.

10.1 Mortgagee Protection.
a. This Agreement does not prevent or limit Developer, in its sole discretion, from encumbering the Property or any portion or any improvement thereon with any mortgage, deed of trust or other security device. City acknowledges that a Mortgagee may require Agreement interpretations and modifications. City will meet with Developer and the Mortgagee ’s representatives to negotiate in good faith with regard to any requested interpretation or modification. City may not unreasonably withhold its consent to an y requested interpretation or modification. All Mortgagees will be entitled to the following rights and privileges:
i. Developer’s breach of this Agreement will not defeat, render invalid, diminish or impair the lien of any mortgage made in good faith and for value. ii. Upon a Mortgagee’s written request, City will provide a copy of any Notice of default given to Developer concurrently with the Notice to Developer. The Mortgagee will have the right, but not the obligation, to cure the default within any remainin g cure period allowed Developer under this Agreement.
iii. Any Mortgagee who comes into possession of the Property or any portion of it pursuant to foreclosure of the Mortgagee ’s security instrument or its acceptance of a deed in lieu of foreclosure will take the Property or portion subject to this Agreement. Any other provision of this Agreement to the contrary notwithstanding, no Mortgagee will have any obligation to perform any of Developer’s obligations or to guarantee their performance. However, if any of Developer’s obligations are conditions precedent to City’s obligations, then Developer’s obligations will continue to be conditions precedent to City’s performance of its obligations.

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11. INSURANCE; INDEMNIFICATION.

11.1 Insurance.
a. Types of Insurance.
i. Public Liability Insurance . Prior to commencement and until completion of construction by Developer on the Property, Developer shall at its sole cost and expense keep or cause to be kept in force for the mutual benefit of City and Developer broad form commercial general public liability insurance against claims and liability for personal injury or death arising from the use, occupancy, disuse or condition of the Property, improvements or adjoining areas or ways, affected by such use of the Prope rty or for property damage, providing protection of a least Five Million Dollars ($5,000,000) per occurrence for bodily injury, death or property damage combined for any one accident or occurrence, which limits shall be subject to reasonable increases in amount as City may reasonably require from time to time. ii. Builder’s Risk Insurance . Prior to commencement and until completion of construction by Developer on the Property, Developer shall procure and shall maintain in force, or caused to be maintained in force, “all risks” builder’s risk insurance including vandalism and malicious mischief, covering improvements in place and all material and equipment at the job site furnished under contract, but excluding contractor ’s, subcontractor ’s, and construction man ager’s tools and equipment and property owned by contractor ’s or subcontractor’s employees, with the replacement cost value of the Project, or on a project by project basis.
iii. Worker’s Compensation. Developer shall also furnish or cause to be furnished to C ity evidence reasonably satisfactory to it that any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder carries workers’ compensation insurance as required by law. iv. Other Insurance . Dev eloper may procure and maintain any insurance not required by this Agreement, but all such insurance shall be subject to all of the provisions hereof pertaining to insurance and shall be for the benefit of City (to the extent applicable) and Developer.
v. Insurance Policy Form, Sufficiency, Content and Insurer . All insurance required by express provisions hereof shall be carried only by responsible insurance companies licensed and admitted to do business by California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VIII or better, unless waived by City. All such policies shall be nonassessable and shall contain language, to the extent obtainable, to the effect that (i) any loss shall be payable notwithstanding any act of negligence (excepting willful and intentional violations of law) of City or Developer that might otherwise result in the forfeiture of the insurance, (ii) the insurer waives the right of subrogation against City and against City’s agents and representatives; (iii) the policies are primary and noncontributing with any insurance that may be carried by City; and (iv) the policies cannot be canceled or materially changed except after thirty (30) days’ written notice by the insurer to City or City’s designated representative. Developer shall furnish City with

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copies of all such policies promptly on receipt of them or with certificates evidencing the insurance. City shall be named as an additional insured or loss payee on all policies of insurance (other than Workers’ Compensation) required to be procured by the terms of this Agreement. The City’s Risk Manager acknowledges and agrees that the insurance requirements above have bee n established based on anticipated use, activities, and conditions of the Property. In the event the City’s Risk Manager reasonably determines that a new or unreasonable use, activity, or condition of the Property, improvements or adjoining areas or ways, affected by such use of the Property under this Agreement creates an increased or decreased risk of loss to the City than what the Parties hereby acknowledge to be duly satisfied by the insurance requirements above, Developer agrees that the minimum limit s of the insurance policies required by this Section 11.1 may be changed accordingly upon receipt of written notice from the City’s Risk Manager; provided that Developer shall have the right to appeal a determination of increased coverage to the City Manag er of City within twenty (20) days of receipt of notice from the City’s Risk Manager. vi. Failure to Maintain Insurance and Proof of Compliance. Developer shall deliver to City, in the manner required for notices, copies of certificates of all insurance policies required hereunder together with evidence satisfactory to City of payment required for procurement and maintenance of each policy within the following time limits:
(A) For insurance required above, within thirty (30 days) after the Effective Date.
(B) For any renewal or replacement of a policy already in existence, at least ten (10) days before the expiration or replacement of the existing policy. (C) If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish Ci ty with required proof that that insurance has been procured and is in force and paid for, such failure or refusal shall be a default hereunder.

11.2 Indemnification.
a. General. Each Party shall indemnify the other Party and its officers, employees, and agents against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein “claims or liabilities”) that may be as serted or claimed by any person, firm, or entity arising out of or in connection with the work, operations, or activities by any or all of the indemnifying Party or its agents, employees, or contractors (including subcontractors), upon the Property and relating to this Agreement; i. The indemnifying Party will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including reasonable legal costs and attorneys’ fees incurred in connection therewith. ii. The indemnifying Party will promptly pay any judgment rendered against the indemnified Party or its officers, agents, or employees for any such claims or liabilities arising out of or in connection with its foregoing indemnity and will save and hold the indemnified Party, its officers, agents, and employees harmless from any failure to so pay any such judgment.

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iii. In the event the indemnified Party, its officers, agents, or employees is made a party to the action or proceeding filed or prosecuted agai nst for such damages or other claims arising out of or in connection with the work, operations, or activities of the indemnifying Party under this Agreement, the indemnifying Party agrees to pay the indemnified Party, its officers, agents, or employees any and all reasonable out -of-pocket costs and expenses actually incurred by the indemnified Party, its officers, agents, or employees in such action or proceeding, including by not limited to reasonable legal costs and attorneys’ fees. b. Exceptions. The indemnities and releases of this Section 11.2 shall not include claims or liabilities to the extent and degree arising from the negligence or willful misconduct of any or all of the indemnified Party and its officers, agents and employees. c. Loss and Damage. Except as otherwise set forth in this Agreement, City shall not be liable for any damage to property of Developer or of others located on the Property, nor for the loss of or damage to any property of Developer or of others by theft or otherwise.

Except as otherwise set forth in this Agreement, City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Property or from the pip es or plumbing, or from the street, or from any environmental or soil contamination or hazard, or from any other latent or patent defect in the soil, subsurface or physical condition of the Property, or by any other cause of whatsoever nature. d. Period of In demnification. The obligations for indemnity under this Section 11.2 shall begin upon the Effective Date and shall terminate upon termination of this Agreement, provided that indemnification shall apply to all claims or liabilities arising during that period even if asserted at any time thereafter. In all events, however, these indemnity obligations shall expire on the fifth (5th) anniversary of the termination date of this Agreement, except that the indemnities shall survive beyond that date with respect to any claims pending at the expiration date for which timely and proper submission has occurred pursuant to the applicable indemnity provisions.
e. Waiver of Subrogation. Each Party agrees that it shall not make any claim against, or seek to recover from o ther Party or its agents, servants, or employees, for any loss or damage to the Party or to any person or property, except as specifically provided hereunder and each Party shall give notice to any insurance carrier of the foregoing waiver of subrogation, and obtain from such carrier, a waiver of right to recovery against the other Party, its agents and employees.

12. MISCELLANEOUS PROVISIONS.

12.1 Recordation of Agreement . This Agreement and any amendment or cancellation of it will be recorded with the San Bernardino County Recorder by City Clerk in accordance with Government Code Section 65868.5.

12.2 Entire Agreement . This Agreement contains the entire understanding and agreement of the Parties. There are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to in this Agreement. Parole evidence will not be admissible to interpret this Agreement.

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12.3 Estoppel Certificates. Within ten (10) days following a Party’s written request, and at no cost to the requesting Party, the other Party will certify in writing that, to its knowledge:
a. This Agreement is in full force and effect and is binding upon the certifying Party.
b. This Agreement has not been amended or modified, except as expressly described in the estoppel certificate.
c. The requesting Party is not in default of its obligations under this Agreement, and that there have been no events that with the passage of time, the giving of notice, or both, would constitute the requesting Party’s default under this Agreement, except as expressly described in the estoppel certificate.

12.4 Severability. Every provision of this Agreement is a separate and independent covenant. If any provision is, or the application of the provision in certain circumstances is, to any extent, found to be invalid or unenforceable for any reason whatsoever, then the remainder of this Agreement, or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will n ot be affected. The Parties will negotiate in good faith any amendments or operating memoranda necessary to cure any invalidity or unenforceability.

12.5 Interpretation and Governing Law. This Agreement and any dispute concerning it will be governed and interpreted in accordance with California’s procedural and substantive laws, without regard to its conflicts of laws principles. This Agreement will be construed as a whole according to its fair language and common meaning. The rule of construction that ambig uities in a document are to be resolved against the drafting party may not be employed in interpreting this Agreement. Each Party acknowledges that it was represented by counsel in this Agreement ’s negotiation and preparation.

12.6 Section Headings. All secti on headings and subheadings are inserted for convenience only and do not affect this Agreement’s construction or interpretation.

12.7 Singular and Plural. The singular of any word includes the plural.

12.8 Including. Unless the context requires otherwise, the term “including” means “including, but not limited to.”

12.9 Time of Essence. Time is of the essence as to the performance of any obligation as to which time is an element.

12.10 Calendar Periods. All references to “years”, “quarters”, “months” and “days” are references to calendar years, quarters, months and days.

12.11 Waiver. A Party ’s failure on any one or more occasions to insist upon strict compliance by the other Party, or a Party ’s failure on any one or more occasions to exercise its rights upon the other Party ’s def ault, is not a waiver of that Party ’s right to demand strict compliance by the other Party on any future occasion.

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12.12 No Third Party Beneficiaries. This Agreement is entered into for the sole protection and benefit of the Parties and their successors and ass igns. Except as provided in Section 9, no other person or entity has any right of action based upon this Agreement.

12.13 Permitted Delays. Neither Party will be in default of an obligation if that Party ’s inability to perform or delay in performing that obligation is caused a Permitted Delay.

12.14 Successors in Interest. The burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, the Parties ’ permitted successors in interest. All provisions are enforceable as equitable servit udes and constitute covenants running with the land. Each covenant to do or refrain from doing some act with regard to the Development of the Property:
a. Is for the benefit of and is a burden upon all portions of the Property. b. Runs with the Property and all portions.
c. Is binding upon each Party and its successors in interest during the term of that Party’s or its successors’ ownership of the Property or any portion.

12.15 Counterparts. This Agreement will be executed in three (3) counterparts, which will be cons trued together and have the same effect as if the Parties had executed the same instrument.

12.16 Jurisdiction and Venue. All legal actions and proceedings to enforce or interpret this Agreement must be filed and tried in San Bernardino County Superior Court or other legally appropriate court and venue.

12.17 Project as a Private Undertaking. The Project is a private development and neither Party is acting as the agent of the other in any respect. Each Party is an independent contracting entity with respect to this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property by a private party.

12.18 Further Actions and Instruments . Each Party must cooperate with the other and provide reasonable assistance to the other in the performance of the other Party ’s obligations.

Upon a Party ’s request, the other Party must promptly execute (with notary acknowled gment if required) those instruments, and take any reasonable actions, necessary to evidence or consummate the transactions expressly described, or which are a logical extension of the transactions described, in this Agreement.

12.19 Eminent Domain . No provisio n of this Agreement expands, limits, or restricts City’s exercise of its eminent domain powers.

12.20 Attorneys’ Fees. If either Party files any action or brings any action or proceeding against the other pertaining to the interpretation or enforcement of this Agreement, then the prevailing Party will recover as an element of its costs of suit and not as damages its costs of suit, expert fees, consultant costs, and reasonable attorneys’ fees as fixed by the Court.

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12.21 Authority to Execute. Each natural person execu ting this Agreement on behalf of a Party represents that he or she has the authority to execute this Agreement on behalf of that Party and that he or she has the authority to bind that Party to this Agreement. [Signature pages follow]

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SIGNATURE PAGE
TO
I-15 INDUSTRIAL PARK DEVELOPMENT AGREEMENT
“CITY”

CITY OF HESPERIA,
a California general law city and municipal
corporation
By:

Its:

Name:

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SIGNATURE PAGE
TO
I-15 INDUSTRIAL PARK DEVELOPMENT AGREEMENT
“DEVELOPER”
Mesa Linda 68 LLC,
a Nevada Corporation
By:

Its:

Name:

Poplar 35 LLC,
a Nevada Corporation
By:

Its:

Name:

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EXHIBIT A
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EXHIBIT A
TO
I-15 INDUSTRIAL PARK DEVELOPMENT AGREEMENT
Legal Description of Building 1
[INSERT LEGAL DESCRIPTION]

1 of 2
EXHIBIT "A"

LEGAL DESCRIPTION
A
PN: 3064−601−03 & 3064−621−01

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HESPERIA,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF PARCEL “B” OF LOT LINE ADJUSTMENT NO. LLA-2007-13, RECORDED MARCH 07, 2008 AS INSTRUMENT NO. 2008-0103328 OF OFFICIAL

RECORDS, TOGETHER WITH THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 5 WEST,

SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL

GOVERNMENT PLAT OF SAID LAND, DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 22; THENCE SOUTH 00°52'03" EAST 661.53 FEET, ALONG THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22, TO THE INTERSECTION WITH SAID

WESTERLY LINE WITH THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF PARCEL MAP NO. 18853, FILED IN BOOK 225, PAGES 45 AND 46 OF PARCELS MAPS; THENCE NORTH 89°50'02" EAST 50.00 FEET, ALONG SAID WESTERLY EXTENSION

TO THE EASTERLY LINE OF MESA LINDA STREET PER IRREVOCABLE OFFER OF DEDICATION RECORDED AUGUST 11, 1992 AS DOCUMENT NO. 92-333352 OF OFFICIAL RECORDS, BEING A LINE THAT IS 50.00 FEET EASTERLY AND PARALLEL WITH THE WESTERLY LINE OF SAID NORTHEAST QUARTER OF SECTION 22; THENCE NORTH 89°50'02" EAST 460.08 FEET ALONG SAID WESTERLY EXTENSION AND SOUTHERLY LINE OF SAID PARCEL MAP NO. 18853, TO THE WESTERLY LINE OF PARCEL MAP NO. 19555 FILED IN BOOK 248, PAGES 6 THROUGH 8 OF PARCELS MAPS;
THENCE SOUTH 00°52'03" EAST 387.48 FEET, ALONG SAID WESTERLY LINE; THENCE SOUTH 39°47'39" EAST 481.81 FEET;
THENCE NORTH 89°50'15" EAST 510.85 FEET, TO THE CENTERLINE OF CATABA

ROAD BEING THE EASTERLY LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER OF SECTION 22;
THENCE SOUTH 00°55'23" EAST 1,050.08 FEET ALONG SAID EASTERLY LINE, TO

THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTHWESTERLY LINE OF INTERSTATE 15;
THENCE SOUTH 32°36'08" WEST 208.48 FEET ALONG SAID NORTHWESTERLY LINE, TO THE SOUTHERLY LINE OF SAID PARCEL B;

2 of 2
TH
ENCE NORTH 89°47'18" EAST 1.88 FEET ALONG SAID SOUTHERLY LINE, TO THE NORTHWESTERLY LINE OF SAID INTERSTATE 15;
THENCE SOUTH 32°30'03" WEST 1,570.80 FEET ALONG SAID NORTHWESTERLY

LINE, TO THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22;
THENCE SOUTH 89°43'07" WEST 297.62 FEET ALONG SAID SOUTHERLY LINE, TO

THE EASTERLY LINE OF THE AFOREMENTIONED MESA LINDA STREET PER IRREVOCABLE OFFER OF DEDICATION RECORDED AUGUST 11, 1992 AS DOCUMENT NO. 92-333352 OF OFFICIAL RECORDS, BEING A LINE THAT IS 50.00

FEET EASTERLY AND PARALLEL WITH THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22; THENCE NORTH 00°51'53" WEST 1,322.11 FEET ALONG SAID EASTERLY LINE, THE

NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22;
THENCE NORTH 0°52'03" WEST 1,984.95 FEET ALONG SAID EASTERLY LINE OF MESA LINDA STREET AS DESCRIBED IN SAID DOCUMENT NO. 92-333352, TO THE TRUE POINT OF BEGINNING.

CONTAINING 2,921,358 SQUARE FEET (67.065 ACRES) OF LAND MORE OR LESS.

EXHIBIT “B” ATTACHED AND MADE A PART THEREOF.

PREPARED BY OR UNDER THE DIRECTION OF:
_____________________________November 22, 2022______
MARK A. MONROE P.L.S. #8170 DATE

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EXHIBIT B
TO
I-15 INDUSTRIAL PARK DEVELOPMENT AGREEMENT
Site Plan Building 1
[INSERT SITE PLAN]

SHEET OF
PROJECT No. 2020-326
1 2
PL

AT TO ACCOMPANY LEGAL DESCRIPTION
4150 CONCOURS ST., SUITE 100
ONTARIO, CA 91764
PHONE: (909) 989-9789
FAX: (909) 989-9660

SHEET OF
PROJECT No. 2020-326
2 2
PL

AT TO ACCOMPANY LEGAL DESCRIPTION
4150 CONCOURS ST., SUITE 100
ONTARIO, CA 91764
PHONE: (909) 989-9789
FAX: (909) 989-9660

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EXHIBIT C
-1-
01071.0006/846053.1

EXHIBIT C
TO
I-15 INDUSTRIAL PARK DEVELOPMENT AGREEMENT
Legal Description of Building 2
[INSERT EXHIBIT C]

1 of 2
EXHIBIT "A"

LEGAL DESCRIPTION
A
PN: 3064−581−01

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HESPERIA,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND

MERIDIAN, IN THE CITY OF HESPERIA, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS:

COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 22; THENCE NORTH 89°47'16" EAST 120.00 FEET ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TO THE EASTERLY LINE OF U.S. ROUTE 395, PER IRREVOCABLE OFFER OF DEDICATION RECORDED AUGUST 11, 1992 AS INSTRUMENT NO. 92-333340 OF OFFICIAL RECORDS, BEING A LINE THAT IS 120.00 FEET EASTERLY AND PARALLEL WITH THE WESTERLY LINE OF SAID SECTION 22;
THENCE NORTH 89°47'16" EAST 1,227.44 FEET, ALONG SAID NORTHERLY LINE, TO

THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22;
THENCE SOUTH 00°19'30" EAST 1,274.11 FEET, TO THE NORTHERLY LINE OF POPLAR STREET, 50.00 FEET HALF-WIDTH, PER SAID INSTRUMENT NO. 92-333340 OF OFFICIAL RECORDS;
THENCE SOUTH 89°42'09" WEST 612.92 FEET, ALONG SAID NORTHERLY LINE, TO

THE EASTERLY LINE OF BISHOP AVENUE PER IRREVOCABLE OFFER OF DEDICATION RECORDED FEBRUARY 25, 1994 AS INSTRUMENT NO. 94095418 OF OFFICIAL RECORDS;
THENCE NORTH 45°17'51" WEST 38.19 FEET, ALONG SAID EASTERLY LINE; THENCE NORTH 00°17'51" WEST 189.26 FEET TO THE BEGINNING OF A 540.00 FOOT RADIUS CURVE, CONCAVE WESTERLY;
THENCE NORTHERLY 155.78 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16°31'43" TO A 50.00 FOOT RADIUS REVERSE CURVE, CONCAVE EASTERLY, A RADIAL LINE TO WHICH BEARS SOUTH 73°10’27” WEST;

2 of 2

THENCE NORTHERLY 45.10 FEET ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 51°40'34" TO A 66.00 FOOT REVERSE CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO WHICH BEARS NORTH 55°08’59” WEST;
THENCE NORTHERLY, WESTERLY AND SOUTHERLY 278.35 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 241°38'21" TO A 460.00 FOOT RADIUS

REVERSE CURVE, CONCAVE WESTERLY AND THE WESTERLY LINE OF SAID BISHOP AVENUE, A RADIAL LINE TO WHICH BEARS NORTH 63°12’40” EAST; THENCE SOUTHERLY 212.69 FEET ALONG SAID CURVE AND WESTERLY LINE THROUGH A CENTRAL ANGLE OF 26°29'29" TO;
THENCE SOUTH 00°17'51" EAST, 189.27 FEET;
THENCE SOUTH 44°42'09" WEST 38.18 FEET TO SAID NORTHERLY LINE OF POPLAR STREET;
THENCE SOUTH 89°42'09" WEST 465.26 FEET, ALONG SAID NORTHERLY LINE; THENCE NORTH 45°02'32" WEST 38.35 FEET TO SAID EASTERLY LINE OF SAID U.S. 395;
THENCE NORTH 00°12'47" EAST 1,248.75 FEET ALONG SAID EASTERLY LINE, TO THE TRUE POINT OF BEGINNING.

CONTAINING 1,526,213 SQUARE FEET (35.037 ACRES) OF LAND MORE OR LESS.

EXHIBIT “B” ATTACHED AND MADE A PART THEREOF.

PREPARED BY OR UNDER THE DIRECTION OF:

_____________________________November 22, 2022______
MARK A. MONROE P.L.S. #8170 DATE

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EXHIBIT D
TO
I-15 INDUSTRIAL PARK DEVELOPMENT AGREEMENT
Site Plan of Building 2
[INSERT EXHIBIT D]

SHEET OF
PROJECT No. 2020-281
1 1

PLAT TO ACCOMPANY LEGAL DESCRIPTION
4150 CONCOURS ST., SUITE 100
ONTARIO, CA 91764
PHONE: (909) 989-9789
FAX: (909) 989-9660
LEGEND

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d

EXHIBIT E
TO
I-15 INDUSTRIAL PARK DEVELOPMENT AGREEMENT
Screen Walls
[INSERT EXHIBIT E]

M E S A L I N D A S T R E E T

CATABA ROAD
I - 1 5
POPLAR ST .

SCREENWALL

ART CONTRIBUTION

IN LIEU OF SCREEN
WALL
8'H FENCE
SCREEN
WALL
SCREEN
WALL 8'H FENCE
8'H FENCE

ART CONTRIBUTION

IN LIEU OF SCREEN
WALL

SCREENWALL
8'H SCREENWALLSCREENWALL

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01071.0032/614514.2
City of Hesperia

STAFF REPORT
DATE: February 7, 2023
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Ryan Leonard, Senior Planner
Jacquelyn Castillo, Administrative Analyst
SUBJECT: Consideration of an Urgency Ordinance Establishing a Moratorium on the Establishment or Expansion of Car Washes for a Period of 45 Days.

RECOMMENDED ACTION
It is recomme nded that the City Council adopt Urgency Ordinance 2023-01 pursuant to California Government Code Section 65858 establishing a forty-five (45) day moratorium on the establishment or expansion of car washes.

BACKGROUND
Pursuant to State law, Government Code Section 65858, a city m ay enact an interim zoning ordinance on an urgency basis for the protection of public safe ty, health, and welfare by prohibiting any use( s) that a city is intending to study within a reasonable period of tim e. If approved, the ordinance will be effective f or a period of 45 days from the date of adoption, unless extended prior to the end of the 45-day period.

ISSUES/ANALYSIS
There are three common types of car washes: full service, express, and ancillary facilities. Full- service car washes ar e usually stand -alone facilities where employees either hand wash or detail vehicles. Express car washe s are usually fully automated car wash facilities with self- serve vacuum stalls. Ancillary facilities are typically automated facilities that are associated with gas stations, and more commonly called drive- thru car washes. There are currently no City - wide regulations in effect regarding the operational and locational standards for car washes of any type.

The City currently has nineteen (19) car washes including two (2) full-service facilities, nine (9) express facilities, and seven (7) facilities that are attached to gas stations, minimarts, and other auto related services.

Number Type Company Location
1 Full Service Shark Sight Hand Car Wash and Hot Wax Main St 2 Express Main Street Car Wash Main St
3 Express Hesperia Speedwash Main St
4 Express Xpress Car Wash Inc Main St
5 Full Service Bear Valley Car Wash Bear Valley Rd
6 Express Bear Valley Coin Car Wash Bear Valley Rd

Staff Report to the City Council
Urgency Ordinance- Car Wash Moratorium
February 7, 2023
7 Express Quick Quack Car Wash Bear Valley Rd
8 Express E-Z Coin Car Wash Main St
9 Express Quick Quack Car Wash Main St
10 Express Quick Quack Car Wash Main St
11 Express Express Car Wash Bear Valley Rd
12 Express Mister Car Wash Main St
13 Gas Station Verma Car Wash Ranchero Rd
14 Gas Station Gaius Family Corp Main St
15 Gas Station Chevron Travel Center Main St
16 Gas Station Main Street Inc Main St
17 Gas Station Sky Marketing Inc Main St
18 Gas Station Western Refining Retail Main St
19 Autowash and Oil Center VIP Quick Car Wash & Lube Bear Valley Rd As developable land becomes scarcer in the City, there is co ncern that the proliferation of car washes witho ut due consider ation presents an imme diate threat to public health, safety, or welfare because car washes generate undesirable conditions for adjacent properties as a result of noisy, large -scale indu strial eq uipment inclu ding vac uums, pumps, pressurized s prayers, dryers, engines, and car ster eos. In addition, the use increases vehicle traffic in the immediate vicinity, and can cause runoff of chemicals. Airborne mist, odors from chemicals and vehicle exhaust are also a result of such uses.

Furthermore, the oversaturation of car washes in the City provides little eco nomic benefit to the City or City residents as there are minimal sales tax revenues associated with the use , few employees hired, and typical wage s paid would not i ncrease the City’s overall median income .

Car washes are often noi sy due t o large industrial sized equipment and cause an i ncrease in vehicular traffic where they are located. Additionally, car washes near residential uses have the potential to expose residents to excessive noi se and traffic . The negative imp acts frequently associated with operation of car washes will likely increase as car washes continue to proliferate throughout the City, resulting in an unregulated and significant nega tive impact upon public health, safety, and welfare of the community.

Staff intends to study the issues associated with car washes to determine which locations are most appropriate for the use, and the types of development standards that should be imposed on their operation to mitigate any potential impacts. This in cludes reviewing land use definitions for car washes to determine if revisions are needed, evaluating all land use districts in which car washes are permitted for suitability and study developme nt standards and best practices from other jurisdictions to determine if they would be appropriate City-wide.

Further, staff believes that cont inued appr oval of entitlement s, bu ilding perm its, or other approvals for new or expanded car washes poses a curr ent and immediate threat to the public health, safety or general welfare. Without further regulation of their location and operation, there is the potential for significant negative impacts by the development of new car washes or the expansion of existing car washes that cannot be mitigated.

Pursuant to Government Cod e Section 65858, a city may adopt an interim ordinance, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department

Staff Report to the City Council
Urgency Ordinance- Car Wash Moratorium
February 7, 2023
is considering or studying or intends to study within a reasonable time, for the immediate preservation of the general health, safety or welfare, provided the ordinance contains a declaration of the facts constituting the urgency, and is passed by not less than a four-fifths (4/5) vote of the City Council.

FISCAL IMPACT
There are no fiscal impacts identified with this action.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Urgency Ordinance 2023-01

ORDINANCE NO. 2023-01
AN I

NTERIM URGENCY ORDINANCE OF THE CITY OF HESPERIA, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 ESTABLISHING A 45-DAY MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF CAR WASHES WITHIN CITY LIMITS DURING THE PENDENCY OF THE CITY ’S

REVIEW AND ADOPTION OF PERMANENT ZONING REGULATIONS FOR S UCH USES.

W
HEREAS, the City of Hesperia has the authority and responsibility to protect the public health, safety, and welfare of the City; and
W
HEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens , residents, visitors and bus inesses, and preserving the peac e and quiet of the neighborhoods within the City by regulating the establishment and expansion of car washes within City limits; and
W
HEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
W
HEREAS, the City has no other development standards or regulations applicable to the operation of Cash Washes; and
W
HEREAS, the City’s pe rmissive policy towards car washes could result in a proliferation or oversaturation of said uses within the City; and
WHEREAS, developable land becomes scarcer in the City, there is concern that the proliferation of car washes without due consideration presents an imme diate threat to public health, safety, or welfare because car washes generate undesirable conditions for adjacent properties as a result of noisy, large-scale industrial equipment including vacuums, pumps, pressurized sprayers, dryers, engines, and car stereos. In addition the use increases vehicle traffic in the immediate vicinity, and can cause runoff of chemicals. Finally, airborne mist, odors from chemicals and vehicle exhaust are a result of such uses; and
W
HEREAS, the oversaturation of car washes in the City provides little economic benefit to the City or City residents; and
WHEREAS, absent clear regulation, the proliferation and oversaturation of car washes in the City poses a threat to the public peace, health, and safety, and, unless the City takes action to regulate, the impacts described above are likely to continue to occur; and WHEREAS, the City desires to regulate car washes to ensure that public right-of-ways and public property remain free of public nuisances, safe and accessible for all users, and clear of conditions that pose threats to public health, safety, and welfare, to ensure that future development is undertaken in a manner consistent with the City’s General Plan, and to ensure that car wash Operators comply with State and City regulations that consider the public’s health, safety, and welfare; and

WHEREAS, the City anticipates that c ar wash operators may seek to establish additional c ar washes, or desire to expand existing car washes before a non-urgency ordinance would become effective; and
WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health or safety and to prohibit a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time; and WHEREAS, City staff require time to study and develop appropriate regulations for c ar wash operators consistent with State and federal law; and
WHEREAS, on February 7 , 2023 the City Council conducted a public hearing, which was concerning this Ordinance; and
WHEREAS, pursuant to the above-described express statutory authority and its police power, the City Council desires, on an urgency basis, to temporarily prohibit establishment of new, or expansion of existing, car washes within the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS.

SECTION 1.

FINDINGS
The City Council finds the facts set forth in the recitals in this Urgency Ordinance are true and correct, and are hereby incorporated by reference. Additionally, based on the foregoing, both verbal and written testimony at the public hearing, including the staff report, exhibits, and any materials provided by members of the public, the City Council finds as follows:

A. This Ordinance is being adopted in order to allow the City time to thoroughly study and develop the City’s laws, rules, procedures and fees related to the operation and establishment of car washes, to enable the City to adequately and appropriately preserve the health, safety and welfare of the community in the City of Hesperia.

B. For the purposes of this Ordinance the definition of “Car Wash” shall include full service, express, and ancillary facilities. Full-service car washes are usually stand-alone facilities where e mployees either hand wash or detail vehicles. Express car washes are usually fully automated car wash facilities with self -serve vacuum s talls. Ancillary facilities are typically automated facilities that are associated with gas stations, and more commonly called drive- thru car washes. This ordinance is intended to apply to car washes that are either the primary use or the accessory use of the relevant parcel. Temporary car washes (e.g., fundraising activities generally conducted at a service station or other automotiv e-related business, where volunteers wash vehicles by hand and the duration of the event is limited to one day) are not part of this definition.

C. For purposes of this Ordinance, “ Car Wash Operator” shall mean a person that manages and/or operates a car wash, whether for profit or not.

D. The City finds that in the absence of a regulatory framework to govern car washes, t
he adverse impacts frequently associated with car washes likely will occur, resulting in unregulated and significant negative impacts upon the public health, safety, and welfare of the community.

E. The City finds that the adverse impacts from car washes include the following:
(1) The proliferation of car washes throughout the City without due consideration presents an immediate threat to p ublic health, safety, or welfare because c ar washes generate undesirable conditions for adjacent properties as a result of use noisy, large- scale industrial equipment including vacuums, pumps, pressurized sprayers, dryers, engines and car stereos; and (2) In addition, the use tends to increase vehicle traffic in their immediate vicinity, and can cause runoff of chemicals; and
(3) Also, airborne mist, odors from chemicals and vehicle exhaust are also a result of such uses; and
F. The City also finds that car washes could have a negative economic impact for the City as follows:
(1) The use provides little economic benefit to the City or City residents, as there are minimal sales tax revenues associated with the use, few employees hired, and typical wages paid would not increase the City’s overall median income; and (2) The continued establishment of c ar washes will result in the immediate loss of potential revenues to the City and the immediate loss of desirable commercial and/or manufacturing sites throughout the City.

G. The City needs time to draft a proposed text amendment to the Zoning Code to preserve the health, safety and welfare of the community in the City of Hesperia with respect to the operation of car washes.

SECTION 2. AUT HORITY AND EFFECT
The State Planning and Zoning Law (Cal. Gov’t Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health safety and welfare, and a balancing of property ri ghts and the desires of the community and how its citizens envisions their city.

SECTION 3. M ORATORIUM
A. During the Effective Period of this Ordinance as specified below, no permit shall be issued, for any development of any new car wash, nor may a permit be issued for the expansion of an existing car wash, within the City. The foregoing shall explicitly prohibit the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses def ined as a car wash herein, during the E ffective Period.

B. Notwithstanding the fore going, any existing car wash facility shall be allowed t o
obt
ain their annual City of Hesperia business license. Additionally, permits may be issued for minor construction, rehabilitation and landscaping or other purposes not involving an expansion of building

area. Any car wash facilities under construction with a valid building permit or any car wash facility approved by the Planning Commission on the effective date of th is Urgency Ordinance shall be exempt from this Urgency Ordinance.

S
ECTION 4. ST UDY AND DEVELOPMENT
During the period of this Ordinance, the City shall study and develop as necessary City laws, rules, procedures and fees related to c ar washes, to enable the City to adequately and appropriately preserve the heal th, safety and welfare of the community in the City of Hesperia.

Pursuant to Government Code Section 65858 the Planning Manager will issue a report for the legislative body on what has been accomplished duri ng the moratoriu m before it expires or is extended.

S
ECTION 5. URG ENCY MEASURE
It is hereby declared that this Ordinanc e is necessary as an urgency measure for the preservation of the public health, safety and welfare. The City Council finds that current zoning regulations and land use plans do not adequately regulate the establishment and operation of car washes and therefore do not adequately protect the peace, health, safety and general welfare of the residents of the City or in communities around the City. The City Council finds the urgency measure is necessary in order to ensure adequate regulation of the operation of car washes. The facts constituting the urgency are:

The City of Hesperia does not currently have clear standards in the Hesperia Municipal Code related specifically to the establishment and expansion of car washes within the City.

The negative impacts frequently associated with operation of car washes will likely increase as car washes continue to proliferate throughout the City, resulting in an unregulated and significant negative impact upon public health, safety, and welfare of the community.

To permit the proliferation of car washes to continue within the City without being subject to specific regulations that are consistent with the General Plan, and that take into account the impacts that such establishments have, constitutes a threat to the health, safety, and welfare. Car washes generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses.

Allowing the continued establishment of car washes will re sult in the immediate p otential for disruptions to the quality of life for adjacent residents and businesses.

Car Wash facilities in the community provide the City with little economic benefit as there are minimal sales tax revenues associated with car wash operations.

Car Wash facilities hire few employees and typical wages paid at car wash facilities would not increase the City’s overall median incomes. Car washes therefore would not bolster employee densities in commercial and manufacturing zones or increase the per capita median income of the community. Allowing the continued establishment of car washes will result in the immediate loss of potential income to City residents and reduce potential employment opportunities throughout the City.

Car wash operators are likely to seek to be located in the City based on the lack of explicit regulations, which will further exacerbate the impacts of such businesses.

Absent the adoption of this Interim Urgency Ordinance, the operation of car washes in the City would likely result in the negative and harmful secondary effects, as identified above, including, but not limited to, increased noise, traffic, pollution, and public health and safety concerns, and other impacts identified herein.

As a result of t he negative and harmful secondary effects associated with improperly regulated or unregulated operation of car washes, the current and immediate threat such effects pose to the public health, safety and welfare, it is necessary to adopt a temporary, forty-five (45) day moratorium on the establishment of new car washes and the expansion of existing car washes in the City.

A moratorium is immediately required to preserve the public health, safety and welfare and should be adopted immediately as an urgency ordinance, to make certain that the establishment and expansion of car washes is prohibited for the period of this Ordina nce. Imposition of a moratorium will allow the City sufficient time to conclude the preparation of a com prehensive ordinance for the regulation of such activities.

SECTION 6. S EVERABILITY
The City Council hereby declares, if any provision, section, subsection, paragraph, sentence, phrase or word of this Ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this Ordinance and as such they shall remain in full force and effect.

SECTION 7. CE

QA COMPLIANCE
Pursuant to the California Environmental Quality Act Guidelines ("CEQA," California Code of Regulations Title 14, §§ 15000 et seq.), this Interim Urgency Ordinance is exempt fr om CEQA based on the following: ( i) this Ordinance is not a project within the meaning of CEQA Section 15378 because it has no potential for resulting in physical change to the environment, either directly or indirectly and (ii) this Ordinance is also exempt pursuant to CEQA Section 15061(b)(3) since the proposed ordinance involves an Interim Urgency Ordinance establishing a 45- day temporary moratorium on the operation of car washes and thus there is no possibility that the proposed ordinance may have a significant effect on the environment.

SECTION 8. E FFECTIVENESS OF ORDINANCE.

This Ordinance shall take effect immediately upon its adoption by a 4/5 vote, pursuant to the authority conferred upon the City Council by Government Code Sections 36934, 36937, and 65858.

This Ordinance shall be effective during the Effective Period which shall be from its adoption and shall be of no further force and effect forty-five (45) days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code Section 65858(b).

SECTION 9. PUBLICATION
The City Clerk shall certify as to the passage and adoption of this Interim Urgency Ordinance and shall cause the same to be published in a manner prescribed by law.

PAS
SED, APPROVED AND ADOPTED by the City Council of the City of Hesperia, California, at a regular meeting held on this 7th day of February, 2023. __
__________________________
Brigit Bennington, Mayor
ATTEST:
_
____________________________
Melinda Sayre, City Clerk

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City of Hesperia

STAFF REPORT
DATE: February 7, 2023
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Tammy Pelayes, Assistant to the City Manager
Lesa Byars, Management Analyst
SUBJECT: Consideration of the 2023 Legislative Platform and Funding Priorities

RECOMMENDED ACTION
It is recommended that the City Council adopt the 20 23 Legislative Platform consisting of Legislative Policy Statements and Funding Priorities.

BACKGROUND
The City Manager’s office is responsible for maintaining the annual Legislative P latform. The purpose of this document is to provide City Council guidance and reference when responding to State and Federal legislative proposals that have the potential to impact the City of Hesperia. To increase the efficiency and effectiveness of the City’s legislative advocacy program, the City Council adopts a Legislative Platform each year to serve as the foundation for the City’s advocacy strategy.

The 202 3 Legislative Platform outlines the City’s priorities for the coming legislative year.

Adopting the Legislative Platform provides the Mayor and City Manager with clarity on the position of the City Council regarding priority legislative issues. While this allows for consistent decision making, the adoption of the Legislative Platform also allows for flexibility to adapt to the variety of legislative and budgetary issues that arise throughout the year. Furthermore, this adoption also allows for consistency in the prompt submission of letters of support or opposition , on behalf of the City of Hesperia, to the Legislature and Congress.

The Legislative Platform provides direction to the City Manager’s Office when responding to legislation and when prioritizing grant and funding opportunities. Additionally, the 2023 Legislative Platform provides guidance to the City’s Federal and State legislative advocates representing the City’s interests during the year.

ISSUES/ANALYSIS
The Legislative Platform is comprised of three components: The Legislative Platform Process, the Legislative Policy Statements, and the City Council Funding Priorities.

The Legislative Platform is a long term, multi-year effort that helps the City maintain a consistent approach in pursuing its legislative priorities; consequently, the Policy Statements and Council Funding Priorities are updated each year after review and input from Senior Man agement and

Staff Report to the Mayor and Council Members
Consideration of the 2023 Legislative Platform and Funding Priorities February 7, 2023

from the City’s Federal and State legislative advocates. This annual update allows for consistency in City opposition and support while allowing for flexibility with new legislative and budgetary issues and unexpected changes to revenue and existing policies.

The Policy Statements in the 2023 Legislative Platform emphasize preserving and protecting local control over City revenue, land use, economic development, and other activities that benefit and enhance Hesperia. This year’s policy statements include the advocacy of financial support to protect and increase revenue streams for local priorities.

Additionally, Priority Projects are listed in the Legislative Platform. City projects that are of the highest priority to the City, and have the greatest potential for funding, include the following:

 Transportation
o Main Street Widening and Aqueduct Bridge Construction o Bear Valley Road Rehabilitation and Widening Project
o Traffic Signals
o I Avenue Widening
o Sultana Street, Muscatel Street, and Cedar Street Improvements o North-South Corridor Improvements
 Flood Control
o Cataba Road Basin
o Temecula Avenue Basin
o A-04 Corridor Flood Protection Program
 Sewer Improvements
o Wastewater System Improvements
o Township Septic to Sewer
o Mesa Area Septic to Sewer
 Water System Improvements
o Hesperia Well Field Construction
 Recycled Water Improvements
o Distribution System Improvements

FISCAL IMPACT

The Legislative Platform is coordinated by the City Manager’s Office. Costs for any necessary travel and other related expenses by Council Members and staff will be discussed during the City’s budget process or on a case-by-case basis.

ALTERNATIVE(S)

1. Provide alternative direction to staff

ATTACHMENT(S)

1. 2023 Legislative Platform

ATTACHMENT 1

City of Hesperia

2023 LEGISLATIVE PLATFORM

CITY COUNCIL
Brigit Bennington, Mayor
Larry Bird, Mayor Pro Tem
Cameron Gregg, Council Member
Allison Lee, Council Member
Rebekah Swanson, Council Member

9700 Seventh Avenue, Hesperia, CA 92345. 760-947-1018. www.cityofhesperia.us

2023 Legislative Platform Page 1 of 27

2023 Legislative Platform Process

Purpose
The Legislative Platform provides a means for summarizing the City’s core legislative principles to support advocacy efforts at the reg ional, state, and federal level. Recognizing the importance of promoting City priorities and legislative initiatives, the legislative platform focuses on the City’s commitment to service, community, and economic development initiatives. Adopted annually, the Legislative Platform serves as a reference guide for urgent requests of support, opposition, or neutrality of a legislative proposal and provides direction for the City Council and staff throughout the year.

Guiding Principles

1. Preserve and Enhance Local Control
Support measures that preserve and protect the City’s local authority t o enact policy pertaining to local affairs. Oppose measures that seek to preempt local control without the concurrence of the City.

2. Maintain Fiscal Responsibility
Support measures that promote fiscal stability, predictability, and financial independence at the local level. Support efforts that preserve and promote the City’s ability to maintain and grow its revenue base. Oppose measures that diminish the Cit y’s revenue sou rces thereby threatening its ability to provide and maintain critical services.

3. Promote Economic Development
Support legislative efforts that are designed to provide local governments with the tools necessary to bolster economic development. Support legislation and regulatory streamlining initiatives that would enhance the City’s abi lity to attract and retain businesses as well as encourage business expansion and job retention.

4. Support Funding Opportunities
Support measures that allow the City to compet e for its fair share of regional, state , and federal funding including competitive grants and other funding programs . Support initiatives that promote dedicated funding streams to cities for critical service areas.

5. Collaborate with Regional Partners
Support opportunities to work collaboratively with local and regional partners on areas of mutual interest. Maintain strong relationships with other municipalities, local transportation agencies, special districts, regional government agencies, local elected officials, school districts, and college boards.

2023 Legislative Platform Page 2 of 27

Goals and Objectives
The primary o bjective is for the City Council to adopt official City positions on clearly stated legislative issues and to adopt a guideline for funding priorities at the start of the l egislative session. The Legislative Platform also sets forth the City’s legislativ e objectives for the 20 23 legislative session and provides direction for our legislative advocates as they work to secure clear and strategic initiatives in Sac ramento and Wa shington, D.C. By doing this, the legislative approval process is streamlined by e liminating the need for repetitive concurrence and direction from the City Council on previously approved issues.

A secondary objective is to implement a process that ensures the City Council provides input and direction on legislative issues that have not been previously reviewed by the City Council. This objective will ensure that staff will seek the Council’s guidance on issues that are not contained within the City’s ado pted legislative platform.

With the dynamic growth of the City over the years and planned development in the future, the City’s Legislative Platform is aimed at securing legislative policies and resources that will help the City manage this growth, fund critical infrastructure needs, keep the City safe and maintain and enhance the quality-of- life residents have come to enjoy.

Process
The following outlines the process that is used to develop and implement the various elements of the City of Hesperia’s Legislative Platform:

1. Develop Legislative Policy Statements
Each year, the City Mana ger’s Office submits the Legislative Platform with its proposed S tate and Federal Legislative Policy Statements compiled in accordance with the following:

a. Input from Senior Management and City’s legislative advocates. b. Research of current law and pending legislation.
c. A review of legislative priorities and any other issues recommended by the League of California Cities, the National League of Cities, the City’s legislative ad vocates, or any other agencies conducting legislative analysis and advocacy on behalf of cities. d. City’s adopted Mission Statement and Values.
e. Consideration of special, unique, or changing interests of the City of Hesperia.

Staff will use the 2023 Legislative Policy Statements as a guiding policy when reviewing and analyzing bills that have an impact on the City’s interests. The City will have discretion in determining on which specific bills to take official position . Official City positio ns are not aut omatically assumed on bills simply due to their similarity with the policy stateme nts contained within this document. Furthermore, the policies established within the platform do not preclude City Council consideration of additional legislative matters arising throughout the year that may be brought forward for City Council action.

2. Legislative Monitoring and Advocacy
The City Council recognizes that it is vital to the fiscal health and self-determination of the City to effectively communicate with state legislators and federal representatives in order to favorably influence state and fede ral legislation, regulations, and funding requests. Legislative Advocates at the f ederal and

2023 Legislative Platform Page 3 of 27

state level s provide a useful service in the success of the City’s legislative g oals and objectives by providing the necessary communication link with our Congressional Delegation and State Legislators to further Hesperia’s priority projects for funding consideration. To that end, funding for Legislative Advocates will be considered by the City Council on an annual basis.

Upon the Legislative Platform’ s adoption, the City Manager’s Office will exercise day -to-day oversight of legislative matters. Staff will monitor and review state and f ederal legislation a s well as write letters, contact legislators, or otherwise communicate the City’s position, as war ranted. T he City Manager is authorized to send such letters on adopted legislative positions, along the following lines:
• Support: Legislation that the City should support as drafted. • Oppose: Legislation that the City should oppose as drafted. • Oppose Unless Amended: Legislation the City should oppose unless amended. • No Position or Watch: Legislation that the City does not take a formal position on but continues to monitor for progress.

3. Staff Responsibilities in the Legislative Process
In addition to c oordinating formal action through the City Council, City staff responsibilities in the implementation of the Legislative Platform include:

1. Prepare support/opposition analyses and correspondence.

2. Seek and solicit support/opposition from other interested entities.

3. Participate in and attend legislative meetings with legislators and staff, as well as other local public officials and staff, to actively engage and stay apprised of legislative trends and upcoming legislation.

4. Prepare and present testimony on behalf of the City before the state and federal government.

5. Monitor and track key bills through the legislative process utilizing the City’s advocacy services, legislative websites, and government/professional associations.

6. Update City Council on legislatio n that th e City has taken a position on, including any significant amendments that would impact the City’s adopted positions.

7. Ensure City Council Members receive copies of all legislative correspondence.

8. Work with City’s f ederal and state lobbyists to ide ntify fu nding resources for departmental projects.

4. City Council Role in the Legislative Process
Through adoption of the Legislative Platform, the City Council prohibits any of its members from lobbying, advocating, or taking a position contrary to the Council’s adopted position on any legislative item. Council Members may, as allowed for by law, take opposing positions as an individual citizen; however, said communication is discouraged and considered detrimental to the success of the City and this Legisl ative Platform specifically.

Written correspondence by individual City Council Members on legislative items not adopted by the City Council may be transmitted if the correspondence identifies that it is a position as an individual citizen as opposed to an elected official of the City of Hesperia. Any individual correspondence must be on personal stationery that is free of any City of Hesperia identifying information, including logos, addresses, phone numbers, etc.

2023 Legislative Platform Page 4 of 27

City Council Members may be asked to participate in meetings with legislators and staff, as well as other local public officials. Council Members may also be asked to present testimony on behalf of the City before the state and federal government. Council Members will be provided copies of all correspondence related to the City’s activities in the legislative process.

When proposed legislation, or a significant public policy issue, comes to th e attention of City officials that is not specifically addressed in the Legislative Platform, it may be brought to Council for consideration. If the Council determines that the proposed legislation or policy issue is of importance to the City, it will recommend that a f ormal position on the matter be taken, which may include adoption of a City Council Resolution.

5. Identify Funding Priorities
Each year, Senior Management provides input on funding priorities for the City’s major infrastructure projects. These projects and programs are identified and listed in the annual Legislative Platform and once approved b y Co uncil, become the basis for preparing the City’s annual Legislative Priorities book. The Legislative Priorities book is the vehicle by which f ederal and s tate r epresentatives are provided information on the City’s top priority projects for which the City seeks funding.

2023 Legislative Platform Page 5 of 27

2023 State Legislative Policy Statements
The following categories of policy statements are broad and are not intended to be all- inclusive, rather they will be used as a reference tool and guideline for the City’s State advocacy efforts in 2023.

Administrative Services
General Area of Review: Elections, Brown Act, Public Records Act, Political Reform Act, Conflict of Interest, Insurance, Tort Reform, Open and Transparent Government.

1. Support a comprehensive state performance r eview an d aud it system and long -range financial planning and performance budgeting to enhance accountability, efficiency, and responsiveness at all levels of government.

2. Support legislation that controls the costs of elections as long as the elections proc ess is n ot adversely affected, (e.g., purge voter rolls, limit costs for candidate statements, and prevent abuse of the mail ballot process).

3. Support legislation that woul d increase voter turnout in local elections, (e.g., mail ballots, more information to voters for judicial elections).

4. Support legislation that reduces the amount of recall abuse while improving, streamlining , and ensuring that the public has full knowledge of the issues.

5. Support legislation that strengthens local control over election r elated matters such as boundary and district requirements.

6. Support measures that enable cities to maximize their ability to administer local elections, including programs designed to encourage and increase voter education, registration, and voter turn-out efficiently and effectively.

7. Support reforms to modernize the structure, governance, management, and method of financing State government.

8. Support legislation that discourage s baseless and frivolous claims and demands made against municipalities, their officers, and employees.

9. Support legislation that would allow a city presented with an allegation of a violation of the California Voter Rights Act (CVRA) to address the allegat ion before any person may file a lawsuit related to the alleged violation.

10. Support legislation providing City Council more flexibility to fill city council vacancies including extending the appointment period to fill a vacancy.

11. Support limi ted tort liabili ty and provide certain tort immunities for public entities for unauthorized use of public property.

12. Support comprehensive tort reform, including limiting the joint and separate liability of governmental agencies to a liability equal to their percentage of their wrongdoing.

13. Support measures that preserve the integrity and fundamental s of the Brown Act while opposing measures that would constrain communication among staff and local officials.

14. Support measures increasing local autonomy, protecting privacy , and maintaining the City’s authority over public records. This includes measures t hat provide for the recovery of costs with regard to public records requests.

15. Support efforts to amend rules that limit and restrict local governments’ ability to achieve greater transparency of governmental business by improving the platform in which agencies can publish and advertise notices, resolutions, orders, or other matters required by law.

2023 Legislative Platform Page 6 of 27

16. Support measures that promote transparency, public participation, and first ame ndment rights, while preserving procedures that continue to foster efficient government proceedings.

17. Support alternative methods of meeting public notice requirements and enhancing them using cost effective and innovative, technology friendly methods of communication.

18. Support legislation that maintains and enhances local franchising au thority for cable television and wireless services.

19. Support legislation that provides funding and financial relief to local communities directly impacted by the C OVID-19 pandemic by assisting with budget shortfalls due to the reduction in sales and use taxes.

20. Oppose l egislation that expands or increases municipal liability , or, conversely, further limits municipal immunity.

21. Oppose legislation that li mits the author ity of municipalities to enforce their own ordinances in municipal courts.

22. Oppose any legislation that diminishes or does not assure local franchise fees for all utilities’ use of City right-of- way.

23. Oppose legislative efforts to impose binding arbitration that w ould remove local government authority on matters of local interest. Specifically, sup port all legislative and legal efforts to overturn any legislation that implements binding arbitration on local government.

24. Oppose legislation that seeks to lessen the City’s ability to enforce contractual language agreed to and contained within existing franchise documents.

Economic Development
General Area of Review: Economic Development, Redevelopment, Enterprise and Opportunity Zones, Job Creation.

1. Support r egional economic development policies that provide for planned economic growth in the City and neighboring communities.

2. Support legislation that promotes sustainable economic development.

3. Support legislation that would enhance a city’s ability to attract a nd retain local businesses, and encourages business expansion and retention through job creat ion, inv estment in capital equipment, and employer facility development.

4. Support legislation that provides incentives (tax benefits, grants, loans, credits for aff ordable units) to local agencies to rehabilitate residential and commercial properties.

5. Support legislation that promotes business formation and growth.

6. Support legislation that promotes “re-shoring” of manufacturing processes.

7. Support legi slation t hat will establish a meaningful and useful tax increment financing (TIF) program to support local economic development.

8. Support state and federal legislation to maximize the economic benefits of Opportunity Zones for communities and businesses, in cluding e nvironmental streamlining and flexibility to expand or change existing designations.

9. Support legislation that ensures all assets (real & personal property, loans , and grants receivable, etc.) are retained by the sponsoring entity of a former redev elopment agency for the benefit of the former redevelopment project area(s) and the elimination of physical and economic blight.

10. Support legislation that clarifies and narrows the prevailing wage standard for economic development and affordable housing projects.

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11. Support polices and legislation that promote an increase in housing development and subsequently an increase in commercial development.

12. Support zone changes and policies that incentivize and encourage development of property west of the Interstate 15 (I-15) Highway, such as e-commerce and distribution centers.

13. Oppose legislation that is deemed by the City to be “anti-business” and/or “job killer.”

14. Oppose legislation that would reduce funds dedicated to the Community Development Block Grant Program (CDBG) and the HOME program a nd support the expansion of eligibility and allowable uses under these programs.

15. Oppose le gislation th at restricts the building industry and consequently diminishes economic development in the City.

16. Oppose legislation that would contribute to a decrease in property values within the City.

Employee Relations and Risk Management
General Area of Review: Labor Relations, Employee Relations, and Human Resources.

1. Support legislation that would reform the State’s Workers’ Compensation System to d raw a balance between reasonable claimant benefits versus the increasing costs/corruption that has plagued the System to date.

2. Support legislation that improves access to, and reduces the cost of, healthcare for public employees.

3. Support legislation tha t expands the City ’s ability to offer health, welfare , and wellness services for employees.

4. Support reform o f the California tort law system to curtail unreasonable liability exposure for municipalities and to facilitate the ability to obtain affordable ge neral liability and workers’ compensation insurance coverage.

5. Support local government efforts to establish succession planning and mentoring programs.

6. Support efforts to provide additional flexibility in the provision and administration of retirement and medical benefit programs while ensuring those programs are sustainable for past, current, and future employees.

7. Oppose the taxability of employee benefits.

8. Oppose legislation that would add administrative burdens or taxes to self-insurance programs.

9. Oppose legislation or re gulations that would increase employer medical costs for workers’ compensation.

10. Oppose legislation that would promote workers’ compensation claim litigation.

11. Oppose legislation that presumptively expands workers’ compensation coverage to illness or injuries that are not work-related.

12. Oppose legislation that creates unnecessary burdens o n or lim its the City’s ability to decide employment issues, including collective bargaining, binding arbitration, benefits, and leaves.

13. Oppose legislation im posing state-mandated costs for mandatory employee training programs when there is no guarantee of local reimbursement or offsetting benefits.

14. Oppose legislation that would create additional financial burden on, or threaten the viability of, the California Public Employees’ Retirement System (CalPERS).

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Environmental
General Area of Review: Air, Wa ter and Wate r Quality, Climate Change, CEQA, Energy Efficiency, Recycling, Solid Waste Management, Hazardous Materials, and Utilities.

1. Support legislation t hat pr omotes regi onal improvement of air quality, recognizing that air pollution does not follow jurisdictional boundaries.

2. Support legislation to assure that federal, state, and county agencies have adequate authority and resources to enforce air quality regulations.

3. Support legislation and regulations that provide authority for local governments to im plement vehicle emissions reductions programs.

4. Support legislation requiring local government participation on the governing bodies of air quality management districts without diluting any existing authority already held by the City.

5. Support efforts that maintain and enhance local decision -making authority in the development and implementation of air quality attainment strategies.

6. Support water quality legi slation that results in reasonable water quality control regulations that are cost effective and can show identifiable benefits.

7. Support regional approaches to provide needed water and encourage local conservation and efficient use of the water supply.

8. Support legislation and regulations that promote the appropriate and beneficial use of reclaimed water.

9. Support continued federal and state funding for water and wastewater treatment infrastructure to reduce local costs and expedite construction of necessary treatment, distri bution, and collection facilities to comply with federal and state mandates.

10. Support efforts that help local governments maintain water efficiency programs that meet state objectives, are cost effective, and make sense for the local conditions.

11. Support sta te and federal efforts to increase water efficiency ratings for common consumer products that use water.

12. Support streamlined environmental processing for f ederal and state regulatory permits administered by Caltrans and various other stat e a nd federal agencies for the purpose of expediting public infrastructure developments.

13. Support major revisions to the Endangered Species Act (ESA) and its state counterpart, including delisting of endangered species that have thrived and recovered through e ffective resource management.

14. Support legislation to include consideration of the economic impact s of proposed species listings, as well as support the delisting of species no longer threatened or endangered.

15. Support efforts to repeal AB 32 and SB 375 legislation.

16. Support efforts to streamline and improve the California Environmental Quality Act (CEQA ) process to reduce time and cost of compliance while ensuring that the environment is adequately protected.

17. Support “green” projects and regulations that do not place an undue burden on local government and other financial incentives for reductions in Greenhouse Gases.

18. Support programs and policies that promote advanced low emission vehicle technology and encourage or promote alternative fuels such as biodiesel, hydrogen, and compressed natural gas.

19. Support legislation that increases availability and promo tes the ad option of energy efficient technologies and use of alternative/renewable energy sources.

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20. Support legislation that encourages and funds energy eff iciency and conservation while allowing local design and implementation of the program.

21. Support loca l govern ment’s adopt ion and implementation of recycled content and green procurement policies.

22. Support legislation to provide changes to AB 939 regarding mandated waste diversion goals that will streamline its provisions and assist in compliance, placing more emphasis on implementation of waste diversion programs and less on strict mathematical accounting.

23. Support legislation that delays or reduces pe nalties fo r noncompliance with SB 1383 to allow jurisdictions to implement the many components of the regulations.

24. Support funding for implementation of SB 1383 including funding t o increase the capaci ty of facilities that accept, and process organic waste and funding increase the capacity of food recovery services and organizations.

25. Support legislation that cl arifies and broadens the regulatory authority of local government to ensure the efficient management of recyclable material and solid waste.

26. Support legislatio n that provides incentives and funding for programs that promote waste reduction, reuse, and recycling and development of related infrastructure.

27. Support expansion of the market for recyclable materials.

28. Support legislation that allows the City to continue controlling risks from hazardous materials use, storage and transportation through the Uniform B uilding and Fire Codes an d r elated local amendments.

29. Oppose legislation that would require the City to divert more than 50 percent of the solid waste stream and places undue burden on local government.

30. Oppose legislation that requires the City to reduce the amou nt of organic was te by 5 0 to 75 percent and requires disposed edible food to be used for human consumption accompanied by infrastructure, procurement, and implementation requirements which places a financial burden on local government.

31. Oppose mand ated mat erial disposal bans or restrictions in circumstances where there is an insufficient capacity within the private recycling market to handle these materials in a more beneficial way besides landfilling.

32. Oppose legislation that restricts the City’s ab ility to a dopt local regulations for hazardous materials, including review and approval of the location of facilities that use or store hazardous materials or hazardous waste.

33. Oppose air quality legislation that restricts a local agency’s land use authority.

34. Oppose all state and/or federal legislation that would allow for lower water quality testing limits based on any other parameters than scientific evidence.

35. Oppose legislation that would impose a tax on residential water service customers, including requirements characterized as voluntary contributions.

36. Oppose the expansion of the State listing of endangered or threatened species without economic impact analyses and valid scientific data.

37. Oppose any additional listings to the California Endangered Specie s Act wh en su ch l istings threaten development and the local economy and impose an undue financial burden on local agencies.

38. Oppose all unfunded mandates on local governments to address climate change (which is outside the City’s control).

39. Oppose expanding the cur rent unfunded mandate to meet Environmental Protection Agency regulations aimed at the National Pollutant Discharge Elimination System (NPDES).

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Grants and Funding
General Area of Review: Competitive, Discretionary, Formulaic Sources of Funding f or Capital Projects and Operations.

1. Support and pursue funding for projects that improve the quality of life in Hesperia.

2. Support and pursue funding to increase public safety service levels in the City and unincorporated areas.

3. Support measures that al low the C ity to compete for its fair share of regional, state and federal funding.

4. Support initiatives that promote dedicated funding streams to cities for critical service areas.

5. Support legislation that provides incentives or grant opportunities for comm unity improvements such as cultural services for the education, entertainment, and enrichment of the community.

6. Support tax credits, grants, loans , and other incentives to assist the public, businesses, and local agencies that invest in energy efficient eq uipment a nd te chnology, and fuel efficient, low emission vehicles.

7. Support and pursue funding that specifically benefits the City ’s transportation and publ ic works projects, including for new railroad grade crossings.

8. Support legislation or policy, whethe r state o r fe deral, that creates and makes available grant funds for economic development and tax increment financing (TIF) programs.

9. Support legislation th at maintains or enhances funding for parks, trails, and recreation services and facilities.

10. Support legislation that provides funding for water, wastewater, and stormwater infrastructure; flood prevention, water resources planning and development; water q uality improvement; and water resources related regulatory reform.

11. Support legislation that provides sustainable funding support for disaster preparedness, Homeland Security, Court Security and other local emergency management and law enforcement activities.

12. Support legi slation that addresses full reimbursement of law enforcement costs of state and federal mandates.

13. Support legislation that ensures communities of all sizes remain eligible for funding, not just large urban areas or communities identified through overly prescriptive eligibility criteria.

14. Support legislation that directs proceeds from cap -and-trade auction revenues to projects in the City that result in improved air quality, active modes of transportation, and the reduction of harmful pollutants.

15. Support legislation that provides funding and resources for local governments to implement Healthy Cities programs and policies aimed at reducing obesity, childhood obesity, high rates of diabetes, heart disease, and other health conditions.

16. Support legislation that provides funding t o implement unfunded mandates such as the organi c waste reduction mandates included in SB 1383.

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Housing, Community Development and Planning
General Area of Review: Housing, Land Use, Development, Annexation, Incorporati on, B uilding Standards, Mobile Home, and Sign Regulations.

1. Support joint efforts to develop mutual development standards for unincorporated areas that are binding upon the County and the City.

2. Support changes to Sphere of Influence legislation to limit county development and allow cities to annex logical growth.

3. Support local City input on all regional land use and planning issues.

4. Support legislative strategies and programs that promote efficient and sustainable land use and building practices.

5. Support legislation that protects the Cities ’ land use authority and their right to make land use decisions with respect to water supply.

6. Support a streamlined right-of-way acquisition process.

7. Support land use patterns that maintain safe residential neighborhoods, b olster economic prosperity, preserve open space, and enhance overall quality of life in Hesperia.

8. Support legislation and regulations that protect a local agency’s control over the cultivation and possession of cannabis, including the licensing of dispensaries and abatement of illegal activities.

9. Support legislation that encourages home ownership, including p rograms that are intended to alleviate the national housing crisis.

10. Support legislation that preserves municipal authority over the public right -of-way including fair and reasonable compensation for use of the right-of-way.

11. Support legislation that facilitates the creation and maintenance of payment in lieu of taxes (PILOT) agreements that support the development of affordable housing projects.

12. Support legislation t o r elax eligibility regulations related to affordable housing production requirements.

13. Support state a nd federal legislation that enhance the viability of public housing authorities (PHAs), including funding mechanisms, and protects the authorities and powers of PHAs.

14. Support legislation t hat preserves local control and decision making over housing and land use based on local factors and conditions.

15. Oppose legislation that would limit or restrict local land use decision-making authority.

16. Oppose affordable h ousing production mandates without necessary funding to support said housing mandates.

17. Oppose measures that remove local authority over housing decisions that best fit the City and its population.

18. Oppose legislation that limits local abilit y to regulate, manage or generate alternative sources of funding for affordable housing, including public-private partnerships.

19. Oppose l egislation that increases administrative burdens and costs associated with affordable housing without increasing provision of services at the local level.

20. Oppose efforts by any regulatory commission from promulgating rules and re gulations that infringe on local land use decisions and management of the public right-of-way.

21. Oppose legislation that would inappropriately limit local governm ent authority to impose growth impact fees.

22. Oppose legislation similar to SB 375 w hich unfairly ties road funding to l ocal decisions on density and affordable housing.

23. Oppose legislation similar to AB 32 which will require compliance with climate change regulations.

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24. Oppose legislation similar to SB 9 which required cities to ministerially approve, without condition or discretion, the number of units allowed on a parcel without considering local conditions and community input.

25. Oppose legislation that limit s or removes local authority to manage the right -of-way concerning broadband deployment.

Local Control
General Area of Review: Preservation of Local Authority and Decision-Making Powers.

1. Support en hanced local control over public nuisance s, ( e.g., adult entertainment facilities, problem alcohol establishments, drug paraphernalia establishments, etc.).

2. Support legislation that strengthens local control over gaming issues.

3. Support the creation o f mo re affordable, innovative, and quality childcare options while maintaining strict adherence to childcare regulations and guidelines.

4. Support efforts to increase opportunities for community-wide citizen volunteer programs.

5. Support legislation to fund s ummer y outh employment and training programs and expand funding for year- round youth employment and leadership in order to better prepare youth for future self-sufficiency and prevent youth violence and crime.

6. Support efforts to promote and finance program s to combat pet overpopulation, increase pet adoptions and s pay/neuter programs and educate citizens on the dangers and nuisance of roaming, uncontrolled animals and other animal control issues that risk public health and safety and quality of life.

7. Support pr ograms and efforts aimed at assisting with the clean -up of abandoned and/or inoperative vehicles.

8. Support for expansion of aviation services at Southern California Logistics Airport (SCLA), provided no quality of life or economic competitiveness issues are impacted in Hesperia.

9. Support legislation and regulatory efforts that provide people with the social, economic, and physical environments needed to make healthy choices and lead healthy lifestyles.

10. Oppose any legislation that preempts local authority or transfers jurisdiction over local programs.

11. Oppose legislation and the promulgation of rules and regulations that allow any regulatory agency to en croach on or supersede local authority including, but not limited to, the City’s right to franchise for the right to operate in the public right-of-way.

12. Oppose legi slation that supports federal, or state iss ued mandates which inf ringe upon an individual’s freedom of choice regarding medical decisions, such as vaccine mandates.

Public Safety
General Area of Review: Law Enforcement, Fire Safety, Emergen cy Communica tions, Emergency Services, Disaster Preparedness, and Nuisance Abatement.

1. Support ad equate financing of jails and c riminal justice facilities. Address the need to devote equal time and energy to develop effective alternatives to incarceration , including ea rly intervention of at-risk youth and counseling and rehabilitation programs.

2. Pursue addit ional opportunity for partic ipation in regional Restoration of Competency (ROC) programs.

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3. Support legislation that limits the placement of sex offender and parolee ho mes within the City limits.

4. Support measures that protect the public against disease and disability and promote health.

5. Support increased authority and resources devoted to cities for abatement of graffiti and other acts of public vandalism.

6. Support legislation that provides local law enforcement agencies authority to recover any costs associated w ith com plying with any federal, state or court -ordered licensing, registration , and testing requirement.

7. Support legislation that has the potential to reduce in cidents of violence in the community, especially through the development of treatment and intervention programs for youth.

8. Support legislation that provides greater protection to victims of crime.

9. Support efforts of the Reducing Crime and Keeping California Safe Act.

10. Support efforts to resolve the medicinal cannabis collective issue throu gh judi cial or legi slative action.

11. Monitor impacts of regulation of medical cannabis and recreational cannabis.

12. Support legislation that c ontinues efforts to maximize opportunity for reimbursement for inmate medical and mental health care, as well as assisting with c ontinuity of care p ost-release and pursuing funding for increased needs resulting from realignment. Mitigate liabilities in areas such as health, mental health, Americans with Disabilities Act (ADA) and other areas of legal concern.

13. Support legislation establishing protocols and funding for shared, statewide emergency response communications.

14. Support legislation that protects senior citizens from criminal exploitation.

15. Support legislation that protects society against identity theft.

16. Support legislation that protects juveniles from sexual predators on the internet.

17. Support legislation aimed at reducing gang violence and support enhanced sentences fo r criminal offenses committed by gang members.

18. Support legislation that provides education for public safety training.

19. Support legislation which would amend Proposition 47 and restore felony status to crimes which were reduced to misdemeanors and/or requir e the completio n of drug rehabilitation to the reduction of said related crimes to a misdemeanor.

20. Address changes made by Propos ition 47 regarding implementation and state and local criminal justice system impacts.

21. Support legislation that addresses the impacts of long-term jail sentences.

22. Support legislation and funding to provide law enforcement/p ublic safety agencies greater access to wireless communication necessary to support a national wireless broadband network capable of use by any public safety entity to serve and protect communities throughout the nation.

23. Support legislation that promotes p rograms that enhance the benefits of mutual aid agreements between local governments.

24. Support additional funding for local agencies to recoup the costs associated with fire safety in the community.

25. Support legislation that strengthens the City’s ability to prohib it the use and sale of fireworks and that allows the San Bernardino County Fire District to prohibit and otherwise control fireworks.

26. Support legislation that supports the physical and financial ability of the San Bernardino County Fire District to actively ban the sale and/or transportation of fireworks.

27. Support legislation that promotes fire safety, education, and prevention with the goal of reducing injury, loss of life, and property damage.

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28. Support statewide efforts to coordinate solutions to the systemic overc rowding of local Hospital Emergency Rooms and reduce Ambulance overdependence or Ambulance Patient Offload Delays (APOD).

29. Support legislation that provides the San Bernardino County Fire District the authority to recover any costs associated with complying w ith any federal, state , or co urt-ordered licensing, registration, and testing requirement.

30. Support measures that encourage disaster preparedness and emergency planning.

31. Support statewide efforts to coordinate disaster preparedness programs in local jurisdictions, and support guidelines to identify the strengths and weaknesses of local preparedness efforts.

32. Oppose programs that have the potential to compromise officer safety.

33. Oppose unfunded mandate s on local government in relation to tracking of paroled se xual predators.

34. Oppose any State or local fire related tax or fee increase that does not go back to local agencies.

Revenue and Taxation
General Area of Review: Finance Administration, Taxation R eform, General and Special Revenue, and Revenue Sources at the federal, state, and local levels.

1. Support efforts to protect local government revenue sources and the provisions of Propositions 1A and 22.

2. Support legislation/initiatives that guarantee all local histo rical funding sources shall be a dedicated revenue source for local governments.

3. Support legislation designed to protect, without unnecessarily restricting, the investments of local government agencies.

4. Support local control of the awarding of contracts and the accountability of local officials for those actions.

5. Support legislati on that f acilitates an d enables the timel y co llection of delinquent assessments and strengthens or maintains the lien position of those assessments.

6. Support legislation that would require the State to comply with its obligation and original intent of the State Mandated Costs c laim process to reim burse cities for costs incurred because of State- mandated programs and processes.

7. Support measures that promote fiscal stability, pred ictability, and financial independence at the local level.

8. Support efforts that p reserve and promote t he City’s ability to maintain and grow its revenue base.

9. Support regional cooperation on common interests and goals by providing access to shar e incremental growth in ERAF (Educational Revenue Augmentation Fund) property tax.

10. Support legislation that provides a more balanced mix of property tax revenues related to public service costs among cities, counties, and special districts.

11. Support full cost reimbursement to the City for all federal, state, and county-mandated programs.

12. Support legislation that provides for adequate transparency of the City’s investment activity.

13. Oppose measures that diminish the City’s revenue sources that are required to maintain critical services.

14. Oppose imposition of state, federal, and regional mandates upo n local governments, as well as federal mandates on the state, especially those for which no funding exists.

15. Oppose taxes or fees on local refuse programs to fund statewide programs.

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16. Oppose legislation that would preempt or threaten local taxation authority.

17. Oppose any change i n reve nue allocations that wo uld negatively affect local government, including sales, use and property tax, tax increment, gas tax (HUTA), transient occupan cy tax (TOT) and vehicle in-lieu fees (VLF).

18. Oppose restrictions on the City’s ability to adopt its own investment policies.

19. Oppose any legislation that would require municipalities to participate in investments that do not meet the objectives set forth in the City’s policies.

Transportation, Communication and Public Works
General Area of Review: Transportation, Construction, Telecommunications, and General Public Works Related Areas.

1. Support increased transportation funds allocated to local jurisdictions for discretionary projects.

2. Support legislation to enhance transportation funding equity within the State.

3. Support efforts to encourage flexibility in federal funding and regulations to better meet the needs of small to medium size communities.

4. Support legislation that facilitates cooperative progra ms among government agencies in or der to help the City meet its basic needs, including transit, street, highway, road and bridge construction and maintenance, and safe corridors for bicyclists and pedestrians.

5. Support new processes to expedite the permitti ng and environmental review a nd ap proval of transportation projects.

6. Support legislation that requires the California Public Utilities Commission (PUC), Federal PUC and railroad operators to ado pt and fund pr ograms to construct grade separations necessary fo r public safety and welfare.

7. Support legislation that would lift the minimum requirement of payment of prevailing wages on municipal Public Works projects to amounts greater than $500,000.

8. Oppose the reduction/elimination of previously dedicated funds f or any transportation project s, especially those that are currently nearing construction and have been delayed by agency actions beyond the City’s control.

9. Oppose transportation proposals that w ould a dversely affect the quality of life in Hesperia by increasing traffic congestion, air pollution, or other problems.

10. Oppose legislation that ties transportation funds to compliance with land use, housing, or climate change goals.

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2023 Federal Legislative Policy Statements
The following categories of policy statements are broad and are not intended to be all-inclusive but will be used as a reference tool and guideline for the City’s federal advocacy efforts in 2023.

1. Support funding that specifi cally benefits the City of Hesperia’s transportation and publi c works projects. Support ef forts to ensure funding to semi-urban/rural areas, and provide a permanent, direct percentage of unrestricted federal transportation funds to local government transportation departments for priority work in such areas.

2. Support streamlined environmental pro cessing for federal re gulatory permits issued by the US Army Corps of Engineers, US Fish & Wildlife Service, Federal Highway Administration , and various other state and federal agencies for the purpose of expediting public infrastructure projects.

3. Support efforts to establish regional recognition of the limits of authority by the US Army Corps of Engineers under the Clean Water Act.

4. Support direct federal funding from the Economic D evelopment Administration for economic development and public works projects.

5. Support federal leg islation t hat recognizes the importance of sales and use tax to local municipalities and equitably distributes sales tax collections on e-commerce transactions.

6. Support direct federal funding to cities, with out matching requirements, to use in drug prevention, intervention, and enforcement efforts.

7. Support efforts to ensure protection of sufficient radio spectrum to meet public safety’s current and future nee ds. Public safety needs should have priority ove r private, or for- profit, communication systems.

8. Support l egislation that enhances and continues the Healthy Forests Initiative which protects public safety and welfare by caring for forest areas and ensuring that losses from wildfires are minimized.

9. Support efforts to secure a Federal Foreign Trade Zone (FTZ) designation for the City.

10. Support local/regional control and administration of federal programs and strategic placement of federal personnel to ensure expedited decision-making.

11. Support responsible and equitable legislation to help stabilize the housing market.

12. Oppose cuts to the Community Development Block Grant (CDBG) and HOME programs. Advocate for a more streamlined application process and for greater flexibility of local appropriation and use of monies.

13. Oppose any legislation that mandates a Social Security tax for public employers and employees.

14. Support legislation to modify inappropriate sections of the Federal Fair Labor Standards Act (FLSA) as it relates to regulating public sector employment.

15. Oppose any changes to the Mortgage Interest Deduction.

16. Oppose any efforts by government sponsored entities (FNMA & Freddie Mac) that will destabilize the housing market including bulk sales of real estate owned properties (REOs).

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2023 City Council Funding Priorities

Transportation
Main Street Widening and Aqueduct Bridge Construction
Three heavily congested corridors are all that exist in the City of Hesperia (City) to move traffic east-west through the city. To improve circulation, Main Street will b e widened from the Interstate 15 (I-15) to Eleventh Avenue from four lanes to six lanes with center turn lanes and an additional aqueduct bridge adjacent to the existing bridge will be constructed consistent with the California Department of Water Resource s (DWR) bridge requirements. The project will enhance capacity by more than 30% and will include raised medians to restrict traffic movements and a three-lane bridge together with shoulder, pedestrian and bicycle facilities, and aqueduct safety features.

The project will improve t he critically needed east-west traffic circulation, improve air quality by reducing greenhouse gas emissions, improve safety and safety response times for emergency vehicles, provide efficient connectivity for residents and bus iness centers, create jobs, inc rease use of non- motorized transportation systems, and facilitate growth. The project will alleviate current congestion along Main Street that is anticipated to worsen due to growth. The widening will achieve the ultimate con figuration of Main Street whi ch is classified as a Ma jor Arterial Roadway in the City’s Circulation Element of the General Plan.

Total project cost is $18.9 million for Main Street widening and $10.1 million for aqueduct bridge construction. The City inten ds to deliver the project in three (3) phases w ith each phase totaling about $10 million. The first phase would be construction of the aqueduct bridge. The goal for construction of the Main Street improvements is $25 million in grant funding. The City wil l advocate for funding for th e Main Street Wi dening project from a variety of s tate and f ederal sources.

Bear Valley Road Rehabilitation and Widening Project
Bear Valley Road, between Interstate 15 (I -15)
and the Mojave River, carries more traffic volume
than any other roadway in the High Desert. The road way is shared with the City of Victorville; the north half is located and maintained by Victorville while the south half is located and maintained by the City of Hesperia. The roadway is the primary entr ance to the Town of Apple Valley. T he route also se rves a s the primary access to the City’s large industrial area. The roadway contains three eastbound travel lanes but many areas along the street frontage are not fully improved. A large majority of the properties fronting Bear Vall ey Roa d are vacant, an d roadway improvements are still to be constructed.

The City desires to partner with the City of Victorville and construct missing curb, gutter, sidewalk, and bike lanes along both sides of the roadway t ogether with pavement rehabilitatio n to keep this v ital r oadway in good condition. Like other roadway improvement projects, the project will improve air quality by reducing greenhouse gas emissions, improve safety and response times for emergency vehicles , provide efficient connectiv ity for residents and b usiness

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centers, create jobs, increase use of non -motorized transportation systems, and facilitate growth. The project is consistent with the City’s Circulation Plan of the General Plan.

Total project cos t is $3.8 million. The City’ s goal is to acquire $ 3.5 mi llion in grants and $0.3 million of local funds to complete the project. The City continues to advocate for funding for the project from a variety of state and federal grant sources.

Traffic Signals
Traffic signals are valuable devices for the control of vehicular and pedestrian traffic. They assign the right-of-way to the various traffic movements and thereby profoundly influence traffic flow.

Traffic signals that are properly designed, located, operated, and maintained have one or more of the following advantages:

• They provide for the orderly movement of traffic.
• They increase the traffic-handling capacity of the intersection if:
a. Proper physical layouts and control measures are used; and b. The signal operational parameters are re viewed and update d (if needed) on a regular basis (as engineering judgement determines that significant traffic flow and/or land use changes have occurred) to maximize the ability of the traffic control signal to satisfy current traffic demands.
• They reduce the frequency a nd severity of certain types of crashes, especially right -angle collisions.
• They are coordinated to provide for continuous or nearly continuous movement of traffic at a definite speed along a given route under favorable conditions. • They are used to interr upt heavy traffic at intervals to permit other traffic, vehicular or pedestrian, to cross.

The Traffic Signal project focuses on two intersections in the City that have exceeded the collision threshold wh ich warrants traffic signal install ation. Traffic signals will be installed at the following intersections:

• Seventh Avenue and Sequoia Avenue
• Escondido Avenue and Sultana Street

These intersections currently experience a low Level of Service (LOS) which fall below general circulation plan goals coupled with numerous collisions. The project will potentially reduce all types of collisions and increase public safety. The LOS goals of D or better will be restored.

Total project cost is estimated at $1.3 million with the City advocating for $1 million in grant funding from a variety of state and federal sources.

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I Avenue Widening
I Avenue connects a large residential area to commercial services in the City of Hesperia. It contains both horizontal and ve rtical sight distance deficie ncies. Over the past 1 0 years, there were 182 accidents along I Avenue, of which 22 involved bicyclists and pedestrians with four resulting in fatalities. In addition, 31 of these accidents were located near schools.

To improve these safety deficiencies, I Avenue will be widened between Ranchero Road and Bear Valley Road, approximately 6.4 miles. I Avenue is currently a north -south two -lane roadway terminating at Ranchero Road in the south and Bear Valley Road in the north. I Av enue is classified as a four -lane divided Arterial w ith a center turn lane for its entire length. The project will create a community vision that prioritizes safety improvements for all roadway users addressing safety concerns, travel patterns, and infrast ructure. The City recently c ompleted a planning study funded through Caltrans’ Sustainable Transportation Planning Grant. The study identified improvement segments and segment costs.

The project will focus on the following goals:

1. Provide increased capaci ty to improve safety conditions for both motorize d and non - motorized users.

2. Create a healthy, livable, and sustainable community by providing complete stre ets, thereby increasing walking, biking, and transit trips while also reducing greenhouse gas emissions.

3. Improve public transit services for the entire community.

4. Connect Hesperia's residents to destinations that bridge the healthcare divide, provide education opportunities, and provide access to spur economic growth.

5. Promote commerce and economic vitality by facilitating goods mo vement along I Avenue and improving efficiency.

6. Involve the community in developing a long -term prioritized strategy and plan fo r promoting reliable and efficient mobility for people, goods, and services.

The total project cost is estimated at $53.2 million. Segments are:

1. Segment 1 – Ranchero Road to Danbury Avenue

2. Segment 2 – Danbury Avenue to Redbud Street

3. Segment 3 – Redbud Street to Hercules Street

4. Segment 4 – Hercules Street to “E” Street

5. Segment 5 – “E” Street to Catalpa Street

6. Segment 6 – Catalpa Street to Bear Valley Road

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The City will endeavor to construct improvements in segments. The City has elected to construct Segments two (2) and three (3) initially to address traffic congestion, safe routes to schools, and to increase safety. These segments are estimated at $15 million. The City will pursue $10 million in grant funding from a variety of s tate and federal sources and match the amount with local funds of $5 million.

Sultana Street, Muscatel Street, and Cedar Stre et (Mariposa Road to Escondido Avenue) Street Improvements
Over t he past couple of decades, residential development has occurred in the area generally bounded by Main Street to the North, the California Aqueduct to the East, Cedar Street to the South, and Mariposa Road to the West. I t is anticipated that growth in the area will continue in the future. The area contains a large wash (A -04 Drainage Corridor) that prevents these developments from having improved access to Mariposa Road. To gain access to the Main Street commercial corridor and/or to Interstate 15 (I -15), residents primarily use Escondido Avenue as alternate improved routes are not available. All eastbound routes are terminated at the California Aqueduct. These conditions have created signi ficant tra ffic congestion both along Main Street and Escondido Avenue in addition to safety concerns.

The City desires to construct three roadway connections along Sultana Street, Muscatel Street, and Cedar Street together with roadway widening along Mar iposa Road to facilitate traf fic movements to both the Main Street commercial corridor and to Interstate 15 (I-15) and Highway
395. The City will collaborate with San Bernardino County and San Bernardino County Transportation Authority to complete the project. The work will include construction of drainage system imp rovements so th at storm water will continue to be conveyed along the A -04 wash under the new roadways to the northeast, embankment construction that must comply with State Division of Dam Safe ty requirements, and two -lane roadways along each street togethe r with r oadway improvements along Mariposa Road that will include widening to four lanes, a center turning lane, pavement rehabilitation, and traffic signals at each intersection. The roadways will also inclu de pedestrian sidewalks and bike lanes to encour age non -motorized transportation.

Like other roadway improvement projects, the project will improve air quality by reducing greenhouse gas emissions, improve safety and response times for e mergency vehicles, provide efficient connectivity for residents a nd busi ness ce nters, create jobs, increase use of non- motorized transportation systems, and facilitate growth. The project is consistent with the City’s Circulation Plan of the General Plan.

Total project cos t is $21.4 m illion. The City’s goal is to acqu ire $20 million in grants and $1.4 million of local funds to complete the project. The City continues to advocate for funding for the project from a variety of state and federal grant sources.

North-South Corridor Improvements
Between the California Aquedu ct and the Bur lington Northern/Santa Fe Railroad corridor, the City lacks any improved major arterial between Ranchero Road, soon to be improved to a five - lane roadway, and Bear Valley Road, th e busiest roadw ay in the Hi gh Desert. The City wants to study the area to determine which corridors should be improved to facilitate access to and from

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the north and south ends of the C ity. Routes to be considered include Hesperia Road, Seventh Street, Cottonwood Avenue and Maple Avenue.

The roadway, consistent with the City’s Circulation Plan, will be widened to five lanes which will include two travel lanes in each direction, a center turn -lane, pedestrian and bicycle facilities, and traffic signals. Like other roadway improvement projects, the project will improve air quality by reducing greenhouse gas emissions, improve safety and response times for emergency vehicles, provide efficient connectivity for residents and business centers, create jobs, increase use of non-motorized transportation systems, and facilitate growth.

The estimated cost to study these corridors is estimated at $0.5 million. The City’s goal is to fund the entire project with grant funding. The City continues to advocate for f unding for the project from a variety of state and federal grant sources.

Flood Control
Cataba Road Basin
The City of Hesperia experiences storm -related flooding and sediment transport throughout the City. In particular, the Oro Grande Wash conveys runoff from over 30 square miles to the Mojave River. The focus of the subject project is the area just upstream of the California Aqueduct.

There are two existing box culverts under the aqueduct that restrict flow. The drainage tributary is 4,969 acres tha t generates a 100-year peak flow rate of 1,671 cubic feet per second (cfs). The City has received numerous complaints from the State of California’s Department of Water Resources (DWR) regarding sediment and debris accumulation. The primary concern from DWR is if such accumulations block the culvert system, its sy stem may be impacted preventing state water pr oject deliveries to millions of Southern Californians. DWR indicates that it expends approximately $35,000 annually to ensure the system is appropriately maintained.

To address these concerns, the City propo ses to construct the Cataba Road Basin to be l ocated immediately upstream of the Aqueduct crossing to capture sediment and debris for proper disposal. The project includes planning, design, sit e acquisition, permitting, and construction of a detention facility together with related facilities (e.g. inlet and outlet structures and emergency spillway). The Basin will accommodate large flows reducing peak flow rates while capturing sediment and deb ris. The project consists of an inlet spillway system leading into the b asin through energy dissipaters, a low flow outlet, and storm drain connection to the existing dual culverts.

Total project cost is $5.2 million with $3 million being requested in grant funding.

Temecula Avenue Basin
The City o f Hesperia experiences storm related flooding and sediment transport throughout the City. To address these concerns, the City proposes to construct the Temecula Avenue Basin located northwest of the Arrowhead L ake Road and Mono Drive inter section. Sediment build-up occurs in the do wnstream storm drain systems. The Temecula Basin will accommodate large flows reducing peak flow rates while capturing sediment. The project consists of constructing an

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inlet headwall lo cated along the existing cr eek and leading i nto a series of two basins with a combined storage capacity of 39 acre -feet together. Water will flow from the 26-acre-foot basin to the 13 -acre-foot basin through an outlet spillway. The 13 -acre-foot basin will then discharge storm water through a low flo w outlet and st orm drain c onnecting to the existing 96 feet of storm drain located approximately 280 feet north of the Arrowhead Lake Road and Mono Drive intersection.

The project will enhance flood protection b y eliminating flooding alon g Arrowhead Lake R oad, reducing maintenance costs, improving local water supplies, improving local water quality, and reducing sediment transport to the Mojave River.

Total project cost is estimated at $3.9 million. The aggreg ate goal for construction of the Temecula Avenue Basin is $3.5 million in grant funding.

A-04 Corridor Flood Protection Program
Prior to the City of Hesperia’s incorporation in 1988, development occurred that only included minor alterations to natural to pography. As a result, natural drainage cours es meander through developed areas, and streets follow the natural contours of the land, often without culverts or bridges across drainage channels. This leads to localized flooding, property damage, road closures, erosion damage, negativ e econ omic impac ts, and signifi cant sediment and debris accumulation even during moderate storm events. To address the drainage conditions along the A-04 corridor, one of the many corridors, the City will construct various flo od control improvements inclu ding basins and c onveyance pipe lines. Dur ing moderate storm events, flooding occurs all along the entire drainage corridor. The project includes planning, design, site acquisition, permitting, construction of basins, and conv eyance pipelines between basi ns. T he basins will also be used for recharge of imported and recycled water.

The project will enhance flood protection for nearly 10 miles of developed, and to be developed, areas in the cities of Hesperia and Victorville. Th ese areas are or will be de veloped with commercial and res idential la nd uses. In addition, the flooding area includes several major arterials. The project will also improve water supply management to the High Desert region.

Total project cost is $50 million. The City will advoc ate for $35 milli on in funding f rom a variety of state and federal sources and pursue all eligible funding sources. Match funds will be accumulated by use of the City’s recently adopted A-04 Special Development Impact Fee.

Sewer Improvements
Wastewater System Improvements
The City will be constructing a new wastewater treatment plant and conveyance facilities to treat wastewater locally. Currently, all wastewater is conveyed to a regional wastewater treatment plant near the Helendale Community located more than 11 miles downstream of the City. There are no opportunities to return recycled water to the City. The proposed plant will end the City’s need to send water miles away, will allow the City to treat wastewater locally, and will provide the City wi th the opportuni ty to reuse rec ycled water. The initial plant will be constructed with four million gallons of daily capacity. To convey flow to the plant, offsite conveyance system

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improvements must also be constructed. The pr oject includes construction of the wastewa ter treatment plant, a regional lift station, force mains, and gravity sewers.

The project will be constructed in phases – the first phase will include the wastewater treatment plant together with the Bear Val ley Road lift station estimated at $57 million. The second phas e includes grav ity sewer a long Sant a Fe Avenue estimated at $8 million. The City is pursuing a variety of state and federal funding sources.

Township Septic to Sewer
To permit development of infill parcels, and to protect groundwater quality, the City is proposing to expand its existing wastewater collection system to provide service to undevelopable lots and to convert onsite wastewater treatment systems to the sewer system. The wastewater wi ll be treated, and effluent will be recycled for irrigation uses and aquifer recharge.

The Township area is one of the oldest communities in the City of Hesperia. Due to regional water quality control board requirements related to onsite disposal system s, very small lots within the Township area, a severely disadvantag ed community, c annot de velop without the construction of a wastewater collection system. Local construction of a system is cost prohibitive.

In addition, the existing high-density onsite disposal systems are impacting aquifer water quality, the only water supply source for the City.

The project will provide sewer service to this high- density area and thereby permit infill development in a Disadvantaged Community Area. Additionally, sewer improvements in this area will enhance aquifer water quality protection.

Both th e total p roject cost and the aggregate goal for construction of the Township Septic to Sewer Project is $19.7 million in loans and grant funding. The City has been advocating f or funding for the Township Septic to Sewer Project from a varie ty of s tate and federal sources in multiple funding cycles and continues to vigorously pursue all eligible funding sources.

Mesa Area Septic to Sewer
To protect groundwater quality, the City is proposing to expand its existing wastewater collection system to provide service to convert onsite wastewater treatment systems to the sewer system.

The wastewater will be treated, and effluent will be recycled for irrigation uses and aquifer recharge.

The Mesa area is one of the highest density communities in the C ity of Hesperia . Lo cal construction of a system is cost prohibitive. In addition, the existing high- density onsite disposal systems are impacting aquifer water quality, the only water supply source for the City. The project will provide sewer service to this high-density area protecting aquifer water quality.

The project will be delivered in phases which include construction of the Peach Avenue lift station together with force mains and gravity sewers as well as a phase that includes local gravity sewers and septic to s ewer conversions. The total project cost is $80 million. The project cost

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per phase will be $10 million for each individual phase. The City will pursue project funding from a variety of state and federal sources in multiple funding cycles.

Water System Improvements
Hesperia Well Field Construction
Water supplies remain a challenge for the City. Due to growth and regulations, the City will continue to explore opportunities to enhance its ability to develop cost effective water supplies.

Areas along the Mojave River near the south portions of the City appear to be an excellent opportunity. The City desires to complete a hydrogeologic/infrastructure study of the area to identify well production locations and infrastructure needed to convey water supplies from these well production plants to the City’s existing water system. Production of water supplies will permit the City to reduce pumping in areas that currently experience “ pumping holes” and to avoid production in areas where water qual ity does not co mply with health standards. In addition, the City is anticipating growth over the next three decades that will require an increased water supply.

The City estimates that the study will require grant funding in the amount of $0.5 million.

Recycled Water System Improvements
Distribution System Improvements
As noted above, the City will be constructing a local wastewater treatment plant to treat all wastewater generated within the City. Recycled water su pplies currently lost to the region w ill be captured increasing the recycled water supplies by a factor of three. To distribute r ecycled water to irrigation users and recharge facilities, the City desires to expand its recycle d water distribution system. The system will include storage facil ities, pumping plants, and conveyance pipelines.

Greater use of recycled water supplies w ill reduce the need for local production and will reduce the region’s dependence on State Water Project (SWP) supplies.

The City estimates that the project impl ementation will cost $28 million. The City will pursue project funding from a variety of state and federal sources in multiple funding cycles.

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Monthly Overview
2023 State Legislative Calendar

Below is an overvi ew that summarizes major legislative ev ents and key dat es that occur month- to-month. The 2023 Legislative Calendar is created by the Office of the Secretary of the Senate.

January
The previous year ’s laws go in to effect January 1. Legislature reco nvenes January 4 to d iscuss the new year of l egislation ahead, and al l bill requests must be submitted to the Office of Legislat ive Counsel by January 20. Budget must be submitted by the Governor by January 10.

February
The last day for bills to be introduced occurs on February 17.

President’s Day is observed February 20.

March
Spring recess begins upon adjournment on March 30 and reconvenes April 10.

Cesar Chavez day is observed March 31.

April
April 10 Legislature re convenes from Spring recess. April 28 marks the last day for policy committee s to hear and re port to fiscal committees regarding fiscal bills being introduced.

May
Policy committees must hear and report non -fiscal bills by May 5. Policy committees last da y to meet is May 12 before convening in June. May 19 marks the last day for f iscal committees to he ar and re port to the floor bills introduced in their house.

Floor session conducted May 30-June2.

June
June 2 marks last day for each house to pass bills introduced in their house.

Committee meetings may resume June 5.

Budget Bill must be passed by midnight on June 15.

July
Policy committees meet and repor t fiscal bills by July 1 4. Independence Day observed on July 4. Summer Recess begi ns upon adjournment of July 14 session, provided Budget Bill has been passed.

August Legislature reconvenes from Summer Recess on August 14.

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September
Last d ay for Fiscal committees to meet and repo rt bills to the Floor is September 1. September 5- 14 floor session on ly. Last da y to amend bills on the floor is September 8. Last day for each house to pass bills is September 14.

Interim Study Recess begins at the adjournment of the September 14 session.

Labor Day is September 4.

October October 14 is the last day f or Governor to sign or ve to bills passed by the Legislature.

November
December

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Elected Officials Representing Hesperia

CALIFORNIA STATE GOVERNOR
Name Capitol Address Capitol Numbers
Governor Gavin Newsom State Capitol, Suite 1173
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-558-3160

CALIFORNIA STATE ASSEMBLY
Name Capitol Address Capitol Numbers Local Address Local Numbers Juan Carrillo
39th Assembly District
P.O. Box 942849
Sacramento, CA 94249
Phone: 916-319-2039
Fax: 916-319-2139
9700 Seventh Ave., #227
Hesperia, CA 92345
Phone: 760-244-5277
Fax: 760-244-5447
Chris R. Holden
41st Assembly District
P.O. Box 942849
Sacramento, CA 94249
Phone: 916-319-2041
Fax: 916-319-2141
415 W. Foothill Blvd. #124
Claremont, CA 91711
Phone: 909-624-7876
Fax: 909-626-2548
Tom Lackey
34th Assembly District
P.O. Box 942849
Sacramento, CA 94249
Phone: 916-319-2034

41301 12th St., Suite F
Palmdale, CA 93551
Phone: 661-267-7636

CALIFORNIA STATE SENATOR
Name Capitol Address Capitol Numbers Local Address Local Numbers Senator Scott Wilk
21st Senate District
State Capitol, Rm 4090
Sacramento, CA 95814
Phone: 916-651-4021
Fax: 916-651-4921
14343 Civic Dr., 1st Floor
Victorville, CA 92392
Phone: 760-843-8414
Fax: 760-843-8343
Senator Rosilicie Ochoa Bogh
23st Senate District
1021 O Street, Rm 7220
Sacramento, CA 95814
Phone: 916-651-4023
Fax: 916-651-4923
1758 Orange Tree Lane, #B
Redlands, CA 92374
Phone: 909-335-0271
Fax: 909-335-0282

SAN BERNARDINO COUNTY BOARD OF SUPERVISOR
Name District Address District Numbers
Supervisor Paul Cook
First District
12474 Cottonwood Ave., Ste. A
Victorville, CA 92395
Phone: 760-995-8100
Fax: 760-995-8105

UNITED STATES CONGRESS
Name Washington Address Washington
Numbers
Local Address Local Numbers
Congressman Jay Obernolte
8th Congress District
1222 Longworth House
Office Building
Washington, DC 20515
Phone: 202-225-5861 9700 Seventh Ave., #201
Hesperia, CA 92345
Phone: 760-247-1815

UNITED STATES SENATOR
Name Washington Address Washington
Numbers
Local Address Local Numbers
Senator Dianne Feinstein

331 Hart Senate Bldg.

Washington, D.C.
20510
Phone: 202-224-3841
Fax: 202-228-3954
11111 Santa Monica
Blvd., #915
Los Angeles, CA 90025
Phone: 310-914-7300
Fax: 310-914-7318
Senator Alex Padilla 112 Hart Senate Bldg.

Washington, DC 20510
Phone: 202-224-3553
Fax: 202-224-2200
255 E Temple Street
Suite 1860
Los Angeles, CA 90012
Phone: 202-224-3553
Fax: 202-224-2200