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 Bennington, and Council Member Lee
Conference with Legal Counsel – Existing Litigation - Government Code Section 54956.9(d)1
1. City of Hesperia v. Lake Arrowhead Community Services District, CA Court of Appeal, Fourth Appellate District, Case No. D079956
2. County of San 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 Bennington, and Council Member Lee
D. Agenda Revisions and Announcements by City Clerk
Projector in Council Chambers not functional for this meeting.
E. Closed Session Reports by City Attorney
No reportable action.
ANNOUNCEMENTS/PRESENTATIONS
1. Presentation of Recognition to Robert Edie from San Bernardino County Fire, for being an Accolade Award 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 approved. The motion carried by the following vote:
Aye: 5 ‑ Bird, Swanson, Gregg, Bennington, and Lee
Nay: 0
1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, December 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 City Clerk Erin Baum
2. Warrant Run Report (City ‑ Successor Agency ‑ Housing Authority ‑ Community Development Commission ‑ Water) Recommended Action:
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Sponsors: Director of Administrative Services Casey Brooksher
3. Treasurer’s Cash Report for the unaudited period ended November 30, 2022 Recommended Action:
It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
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 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 Professional Services Agreement with Woolpert, 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 Water 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
Recommended Action:
It is recommended that the City Council and Board of Directors of the Hesperia Water District authorize the City Manager to approve an amendment 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 Planner 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, 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. 2023‑02 and 2023‑03 approving CUP21‑00004, 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 following vote:
Aye: 5 ‑ Bird, Swanson, Gregg, Bennington and Lee
Nay: 0
NEW BUSINESS
11. Consideration of Annual Update of the City Council Procedures Manual Recommended Action:
It is recommended that the City Council review and approve updates to the City Council 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.
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