Tuesday, February 21, 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
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February 21, 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 APN 0405-062-72 and 0405-062-73 Under Negotiations: Price and Terms
Conference with Labor Negotiator
Government Code Section 54957.6
1. Negotiations between the City of Hesperia and the Teamsters Local 1932 with the City's Negotiator. (Staff person: Rachel Molina, Assistant City Manager) CALL TO ORDER - 6:30 PM
A. Invocation
February 21, 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
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, February 7, 2023.
Recommended Action:
It
is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, February 7, 2023.
Staff Person: Assistant City Clerk Erin Baum
Draft CC Min 2023-2-7Attachments:
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.
Staff Person: Director of Administrative Services Casey Brooksher
February 21, 2023City Council Meeting Agenda
SR Warrant Run 2-21-2023
Attachment 1 - Warrant Run
Attachments:
3. Treasurer’s Cash Report for the unaudited period ended December 31, 2022 Recommended Action:
It
is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Staff Person: Director of Administrative Services Casey Brooksher SR Treasurer's Report 2-21-2023
Attachment 1 - Treasurer's Report
Attachments:
4. Contract Amendment for Unarmed Security Services
Recommended Action:
It
is recommended that the City Council and Board of Directors of the Hesperia Water District (District) authorize the City Manager to approve an amendment to the existing contract with Alltech Industries, Inc. in the amount of $46,184, for a total not-to-exceed amount of $96,184 for unarmed security services.
Staff Person: Director of Public Works Jeremy McDonald
SR Contract Amendment Unarmed Security Services 2-21-2023Attachments:
5. Guardian Records Management and Storage Contract Amendment 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 Guardian Records Management and Storage (Guardian), to extend the current contract for one year, and add an additional $ 25,200, for a revised not-to-exceed contract amount of $85,200, for the storage, maintenance and destruction of City records.
Staff Person: Assistant City Clerk Erin Baum
SR Guardian Record Management Amendment 2-21-2023Attachments:
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.
6. Appeal to the City Council (APP22-00006); Applicant: Trio Grande, LLC; APN:
3057-051-09
February 21, 2023City Council Meeting Agenda
Recommended Action:
It
is recommended that the City Council adopt Resolution No. 2023-07, denying appeal APP22-00006 and upholding the Planning Commission and Development Review Committee (DRC) denial of a fourth extension of time for Tentative Tract No. 17681 (TTE22-00008).
Staff Person: Senior Planner Ryan Leonard
SR Appeal to the City Council (APP22-00006) 2-21-2023
Resolution 2023-07
Attachment 2- Planning Commission Staff Report with Attachment 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
The City Manager, City Attorney or staff may make announcements or reports concerning items of interest to the Council and the public.
ADJOURNMENT
I, Erin Baum, Assistant City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Thursday, February 16, 2023 at 5:30 p.m. pursuant to California Government Code §54954.2.
_____________________________
Erin Baum,
Assistant 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, February 7, 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 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 Negot
iation: 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
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
E.
Closed Session Reports by City Attorney
ANNOUNCEMENTS/PRESENTATIONS
1. Economic Development Division Update by Victor Knight, Economic Development Manager.
City of Hesperia
2. Presentation on Hesperia Traffic and Off Highway Vehicle Enforcement, by Captain Jon Billings, Hesperia Police Departm
ent.
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Bob Nelson commented on speaking limits.
Daniel Krist commented on community events.
Kim Jones commented on an Advance Disposal issue.
Peter commented on the Library.
JOINT CONSENT CALENDAR
A motion was made by Gregg, seconded by Swanson, that the Joint Consent Calendar be approved. The motion carried by the following vote:
Aye: 5 - Bird, Swanson, Gregg, Bennington and Lee
Nay: 0
1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, 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
.
Sponsors: Assistant City 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. 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.
Sponsors: Director of Administrative Services Casey Brooksher
4. Adopt Joint Resolution Declaring Property Owned by the City of Hesperia as “Surplus” Recommend
ed Action:
It
is recommended that the City Council/Commission/Board adopt Joint Resolution No. 2023- 06, Hesperia Hous
ing Authority Resolution No. HHA 2023-01, and Community Development Comm ission Resolution
No. CDC 2023-01, declaring three properties, including (A) two properties owned by the Comm
unity Development Commission and (B) one property owned by the Hesperia Housing Authorit y
City of Hesperia
(HHA) as “Surplus Land".
Sponsors: Economic Development Manager Victor Knight
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 Avenu
e in conjunction with a categorical exemption under CEQA Section 15315 Minor Land Divisions. (Appl
icant: Percy Bakker; APN: 0410-151-38)
Sponsors: Deputy Development Services Director Dani Fox
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 Neighborho od Comm
ercial (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) Sponsors: Deputy Development Services Director Dani Fox
7. Vehicle Procurement - Replacement Truck
Recommended Action:
It is recommended that the Board of Directors of the Hesperia Water District (HWD) authorize the Cit y Manager to approve the pr
ocurement 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.
Sponsors: Director of Publ
ic Works Jeremy McDonald
CONSENT ORDINANCES
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 Ordina
nce No. 2023-04 approving Development Agreement DA22-00002.
Sponsors: Senior Planner Ryan Leonard
A motion was made by Lee, seconded by Bird, that this Consent Ordinance be approved. The motion
carried by the following vote:
Aye: 5 - Bird, Swanson, Gregg, Bennington and Lee
Nay: 0
City of Hesperia
PUBLIC HEARING
9. Consideration of an Urgency Ordinance Establishing a Moratorium on the Establishment or Expansion of Car W
ashes for a Period of 45 Days
Recommend
ed Action:
It is recommended that the City Council adopt Urgency Ordinance 2023-01 pursuant to Calif ornia Government Co
de Section 65858 establishing a forty-five (45) day moratorium on the establishment or expansion of c
ar washes.
Sponsors: Senior Planner Ryan Leonard
A motion was made by Gregg, seconded by Lee, 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
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 Fundin
g Priorities.
Sponsors: Management Analyst Lesa Byars
A motion was made by Swanson, seconded by Bird, that this item be approved. The motion carried by th
e following vote:
Aye: 5 - Bird, Swanson, Gregg, Bennington and Lee
Nay: 0
COUNCIL COMMITTEE REPORTS AND COMMENTS
Council Member Gregg attended no meetings or committees to report from.
Council Member Swanson reported the following from attendance at the SBCTA meeting; the West Valley project received 18.8 million dollars in funding, Brightline rail update; project continues moving forward quickly; Cal Trans will be adding extension of hours for weekend construction service vehicles between Hesperia and Victorville in the 15 freeway construction area.
Council Member Lee appointed Earl Hodson to the Planning Commission, and reported her attendance at LOCC New Council Members conference.
Mayor Pro Tem Bird had nothing to report from attendance at the VVWRA meeting, and mentioned upcoming VVTA meeting prior to the next Council meeting.
Mayor Bennington reported attendance at; The Legislative Action Committee meeting where Congressman Obernolte, Senator Wilk, Assemblyman Lackey, and staff from Supervisor Cook's office spoke; the Hesperia Recreation and Parks District Rodeo Committee; the MDAQMD meeting, where she will be serving as Vice Chair and was also appointed to the budget and executive committees; the CA LOCC policy committees where she is on the communication, transportation and Public Works committees, and reported that they have lobbyists working on funding for roads and also fentanyl enforcement; and attendance at the CA LOCC new mayor/council member conference. Mayor Bennington also met with Senator Wilk and Assemblyman Lackey regarding local issues, and attended the Mojave River Mayors meeting.
City of Hesperia
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
None.
ADJOURNMENT
Meeting was adjourned in honor of several birthdays and Council Member Swanson’s wedding anniversary at 7:38 pm.
_____________________________
Erin Baum,
Assistant City Clerk
THIS PAGE LEFT INTENTIONALLY BLANK
City of Hesperia
STAFF REPORT
DATE: February 21, 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 31, 2022 through January 20, 2023.
The Wires amount total is as follows:
$50,000 to Federal Reserve/United States Treasury Department for monetary payment for Case 5:19-CV-02298 AB-SP.
$300,000 to US Bank TFM Escrow for monetary payment for Case 5:19 -CV-02298 AB- SP.
ATTACHMENT(S)
1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $2,122,571.75 $563,435.98 $350,000.00 $3,036,007.73 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 1,763.84 362.30 0.00 2,126.14
Community Development Commission 0.00 0.00 0.00 0.00
Water 866,108.26 226,977.70 0.00 1,093,085.96
Totals $2,990,443.85 $790,775.98 $350,000.00 $4,131,219.83
YEAR-TO PRIOR FY YTD
W/E W/E W/E WARRANT DATE DATE
FUND # FUND NAME 1/6/2023 1/13/2023 1/20/2023 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 81,099.99 $ 118,853.23 $ 81,836.87 $ 281,790.09 $ 350,000.00 $ 17,033,918.43$ 15,376,096.49 $ 200 HESPERIA FIRE DISTRICT - $ -$ -$ -$ -$
-$ -$
204 MEASURE I - RENEWAL 11,940.85$ -$ 652.00$ 12,592.85$ - $ 238,127.36$ 84,308.86$ 207 LOCAL TRANSPORT-SB 325 -$ -$ -$ -$ - $ 27,839.18$ 25,259.36$ 209 GAS TAX-RMRA -$ -$ -$ -$ - $ -$ 67,468.24$
210 HFPD (PERS) -$ -$ -$ -$ - $ 1,093,204.87$ 1,007,746.00$ 251 CDBG 112,125.01$ -$ -$ 112,125.01$ - $ 175,251.41$ 509,110.80$ 254 AB2766 - TRANSIT -$ -$ -$ -$ - $ -$ -$
256 ENVIRONMENTAL PROGRAMS GRANT -$ 2,934.19$ 193.99$ 3,128.18$ - $ 22,518.31$ 23,247.84$ 257 NEIGHBORHOOD STABILIZATION PROG -$ -$ -$ -$ - $ -$ -$ 258 CDBG-CV CARES ACT -$ -$ -$ -$ - $ -$ -$
260 DISASTER PREPARED GRANT -$ -$ -$ -$ - $ -$ -$ 262 SB 1383 LOCAL ASSISTANCE GRANT -$ 698.69$ -$ 698.69$ - $ 31,598.69$ -$
263 STREETS MAINTENANCE 16,875.25$ 42,249.61$ 7,034.24$ 66,159.10$ - $ 1,139,755.29$ 1,001,184.16$ 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 -$ -$ 262,784.58$ 262,784.58$ - $ 2,631,645.96$ 111,435.71$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ -$ - $ 7,969.11$ 6,888.17$ 313 DIF A-04 DRAINAGE 3,270.00$ -$ -$ 3,270.00$ - $ 6,270.00$ 963,024.00$ 396 DEVELOPMENT IMPACT -$ -$ -$ -$ - $ -$ -$
399 FEMA-1203-DR (DISASTER) -$ -$ -$ -$ - $ -$ -$ 400 2004 STREETS -$ -$ -$ -$ - $ -$ -$
401 CITY DEBT SERVICES -$ -$ -$ -$ - $ -$ -$
402
WATER RIGHTS ACQUISITION -$ 2,000.00$ -$ 2,000.00$ - $ 1,094,323.17$ 1,076,377.70$ 403 2013 REFUNDING LEASE REV BONDS -$ -$ -$ -$ -$ 657,175.62$ 635,512.25$ 501 CFD 91-3 BELGATE -$ -$ -$ -$ - $ -$ -$
504 CITY WIDE STREETS - CIP -$ -$ 585,437.81$ 585,437.81$ - $ 6,774,267.05$ 712,671.51$ 509 CITY FACILITIES CIP -$ -$ -$ -$ - $ -$ -$
800 EMPLOYEE BENEFITS 115,580.55$ 264,872.42$ 220,516.29$ 600,969.26$ - $ 5,013,899.12$ 4,390,301.55$ 801 TRUST/AGENCY 62,370.57$ 34,133.16$ 91,566.28$ 188,070.01$ - $ 1,435,293.97$ 1,624,518.44$ 802 AD 91-1 AGENCY -$ -$ -$ -$ -$ -$ -$
804 TRUST-INTEREST BEARING -$ -$ -$ -$ - $ 82,777.50$ 28,905.00$ 807 CFD 2005-1 -$ 3,546.17$ -$ 3,546.17$ - $ 973,357.75$ 933,223.43$ 808 HFPD (TRANSITION) -$ -$ -$ -$ - $ 317,384.59$ 369,875.18$ 815 PLAN REVIEW TRUST - FRONTIER -$ -$ -$ -$ - $ 6,584.08$ -$ CITY 403,262.22$
469,287.47$ 1,250,022.06$ 2,122,571.75$ 350,000.00$ 38,810,883.14$ 29,040,742.52$ 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 307.50$ 1,456.34$ -$ 1,763.84$ - $ 33,629.06$ 9,324.93$ HOUSING AUTHORITY 307.50$ 1,456.34$ -$ 1,763.84$ - $ 33,629.06$ 9,324.93$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ - $ -$ -$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ - $ -$ -$ 700 WATER OPERATING 119,923.33$ 346,178.38$ 50,391.55$ 516,493.26$ - $ 5,053,781.32$ 5,718,561.16$ 701 WATER CAPITAL -$ -$ 226.00$ 226.00$ - $ 29,024.00$ 88,561.90$ 710 SEWER OPERATING 33,281.33$ 79,615.29$ 919.12$ 113,815.74$ - $ 2,987,292.46$ 2,612,797.15$ 711 SEWER CAPITAL -$ -$ -$ -$ - $ 207,644.07$ 150,661.87$ 713 SEWER CAPITAL REHAB AND REPLACE -$ -$ -$ -$ - $ -$ -$ 720 RECLAIMED WATER OPERATIONS 126.80$ 234,635.83$
810.63$ 235,573.26$ - $ 253,031.17$ 236,037.58$ WATER 153,331.46$ 660,429.50$ 52,347.30$ 866,108.26$ - $ 8,530,773.02$ 8,806,619.66$ ACCOUNTS PAYABLE TOTAL 556,901.18$ 1,131,173.31$ 1,302,369.36$ 2,990,443.85$ 350,000.00$ 55,121,455.20$ 45,800,855.33$ REG. PAYROLL
City 275,011.55$ -$ 288,424.43$ 563,435.98$ - $ 4,126,394.75$ 3,297,770.66$ Housing Authority 180.10$ -$ 182.20$ 362.30$ - $ 2,723.12$ 745.24$ Water 110,718.43$ -$ 116,259.27$ 226,977.70$ - $ 1,688,114.76$ 1,437,968.42$ PAYROLL TOTAL 385,910.08$ -$ 404,865.90$ 790,775.98$ - $ 5,817,232.63$ 4,736,484.32$ City of Hesperia
WARRANT RUNS
12/31/2022-01/20/2023
*No payments were issued on July 1, 2023.
Attachment 1
City of Hesperia
STAFF REPORT
DATE: February 21, 2023
TO: Mayor and Council Members
City Council, Serving 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
Jacob Weatherbie, Accountant
SUBJECT: Treasurer’s Cash Report for the unaudited period ended December 31, 2022.
RECOMMENDED ACTION
It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
BACKGROUND
This report is presented to the City Council pursuant to Government Code Se ction 53646 (b) setting forth the City’s investment portfolio.
ISSUES/ANALYSIS
The Treasurer’s Cash Reports are presented on the following pages for each agency.
FISCAL IMPACT
These reports reflect unaudited cash balances as of December 31, 2022.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
1. City of Hesperia Investment Report
2. Successor Agency to the Hesperia Community Redevelopment Agency Investment Report
3. Hesperia Housing Authority Investment Report
4. Community Development Commission Investment Report
5. Hesperia Water District Investment Report
Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
February 21, 2023
Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
February 21, 2023
Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
February 21, 2023
Institution/ Interest
City of Hesperia
Investment Report
Unaudited
December 3 t 2022
Date of
Type of Investment Fiscal Agent Rate Purchase
Date of
Maturity
Par Value
atMaturi_ty
Investments under the direction of the City:
Book
Value
Market
Value
Local Agency Investment Funds I State of Calif. 2.173% 31-Dec-22 Demand $ 77,688,666.34 77,688,666.34 77,688,666.34 Local Bank Checking Accounts U.S. Bank n/a 31-Dec-22 Demand 9,012,417.58 9,012,417.58 9,012,417.58 Total Unaudited Investments under the direction of the City $ 86,701,083.92 $ 86,701,083.92 $ 86,701,083.92 Investments under the direction of fiscal agents:
[ 2012 Lease Revenue Bonds US Bank 0.287% 31-Dec-22 Demand 866.20 866.20 2012 Lease Revenue Bonds US Bank 0.288% 31-Dec-22 Demand 6,791.19 6,791.19 -2012 Lease Revenue Bonds I US Bank 0.288% 31-Dec-22 Demand 1,462,623.06 1,462,623.06 ,- -2012 Lease Revenue Bonds US Bank 0.000% 31-Dec-22 Demand 0.31 0.31 2013 Refunding Lease Revenue Bonds US Bank 0.287% - 31-Dec-22 Demand 842.72 842.72 2013 RefundinQ Lease Revenue Bonds +
US Bank 0.288% 31-Dec-22 Demand 5,473.10 5,473.10 _ --2013 Refunding Lease Revenue Bonds US Bank 0.288% 31-Dec-22 Demand 1,158,057.21 1,158,057.21 ,- 2013 Refunding Lease Revenue Bonds US Bank 0.000% 31-Dec-22 Demand 0.31 0.31 2014 CFO 2005-1 Refunding - US Bank 0.288% 31-Dec-22 Demand 4,233.44 4,233.44 ->--- 2014 CFO 2005-1 Refunding US Bank 0.288% 31-Dec-22 Demand 700.78 700.78 2014 CFD 2005-1 Refunding US Bank 0.288% 31-Dec-22 Demand 1,440,981.01 1,440,981.01 -2014 CFD 2005-1 Refunding US Bank 0.288% 31-Dec-22 Demand 24,174.63 24,174.63 -Deposits - Workers' Comp - PERMA n/a 31-Dec-22 n/a 542,901.06 542,901.06 -Sully Miller Retention - Ranchero US Bank 0.000% 31-Dec-22 n/a 1.08 1.08 Total Unaudited investments under the direction of fiscal agents $ 4,647,646.10 4,647,646.10 Please Note: All market value data is provided courtesy of the City's fiscal agent, US Bank.
I certify that this investment portfolio is in compliance with the statement of Investment policy of the City of Hesperia and the investment program provides sufficient liquidity to meet expenditure requirements for the next six months, as required by the California Government Code sections 53646(b)(2J and (3), respectively. • Note: 2005 Certificates of Participation began in May 2005 for the finacing of the Civic Plaza.
Investment - City
866.20
6,791.19
1,462,623.06
0.31 842.72
5,473.10
1,158,057.21
0.31 - 4,233.44
700.78
1,440,981.01
24,174.63_
542,901.06
1.08 4,647,646.10
ATTACHMENT 1
Account
Descrigtion
2012 - Water Rights Revenue Fund
2012 - Water Rights Interest Fund
2012- Water Rights Reserve Fund
- --
2012 - Water Rights Surplus Revenue Fund
2005 Civic Plaza - Revenue Fund -2005 Civic Plaza - Interest Fund 2005 Civic Plaza - Reserve Fund
2005 Civic Plaza - Surplus Rev Fund
2014 CFO 05-1 - Special Tax Fund ---2014 CFO 05-1 - Bond Fund 2014 CFO 05-1 - Reserve Fund
2014 CFO 05-1 Administrative Expense Bonds
GL 1352
Ranchero Road - Escrow Account
nt
Issuer/
Type of Investment Institution
Investments under the direction of the City:
Local Agency Investment Funds State of Calif.
Local Bank Checking Accounts U.S. Bank
Successor Agency to the Redevelopment Agency
Investment Report
Unaudited
December 31,. 2022
Interest Date of Date of Par Value Book
Rate Purchase Maturity at Maturi!Y Value
2.173% 31-Dec-22 Demand $ 2,939,820.69 $ 2,939,820.69
n/a 31-Dec-22 Demand 341,039.34 341,039.34
Total Unaudited Investments under the direction of the City $ 3,280,860.03 $ 3,280,860.03 Investments under the direction of fiscal agents: - -2018 Refunding Bonds US Bank 0.000% 31-Dec-22 Demand 0.03 0.03 -2018 Refunding Bonds US Bank 0.290% 31-Dec-22 Demand 4,053.30 4,053.30 2018 Refunding Bonds US Bank 0.000% 31-Dec-22 Demand 1.00 1.00 -- $
Total Unaudited Investments under the direction of fiscal agents $ 4,054.33 $ 4,054.33 $ Please Note: All market value data is provided courtesy of the City's fiscal agent US Bank. The 2018 Refunding Bonds are supported by a $9,799,443.76 bond insurance policy.
I certify that this investment portfolio is in compliance with the statement of investment policy of the City of Hesperia and the investment program provides sufficient liquidity to meet expenditure requirements for the next six months, ATTACHMENT 2
Market Account
Value Description
2,939,820.69
341,039.34
3,280,860.03
0.03 2018A & 20188 - Debt Service Account
4,053.30 2018A & 20188 - Interest Account
1.00 2018A & 20188 - Reserve Account -4,054.33
as required by the California Government Code sections 53646(b)(2) and (3), respectively. /4 ~~/4~~~~~======= • Note: The 2005 and 2007 Selies Bonds were refinanced to 2018 Selies Bonds in November 2018.
Investment - SA
TYQe of Investment
Issuer/
Institution
Investments under the direction of the City:
Hesperia Housing Authority
Investment Report
Unaudited
December 31~ 2022
Interest Date of Date of
Rate Purchase Maturity
Par Value
at Maturity
Book
Value
ATTACHMENT 3
Market
Value
Local Agency Investment Funds I State of California 2.173% 31-Dec-22 Demand $ 4,955,753.01 4,955,753.01 4,955,753.01 Local Bank Checking Accounts U.S. Bank n/a 31-Dec-22 Demand 574,901.30 574,901.30 574,901.30 Total Unaudited Investments under the direction of the City $ 5,530,654.31 $ 5,530,654.31 $ 5,530,654.31 I certify that this investment portfolio is in compliance with the statement of investment policy of the City of Hesperia and the investment program provides sufficient liquidity to meet expenditure requirements for the next six months, as required by the California Government Code sections 53646(b)(2) and (3), respectively.
Investment - HHA
T~ e of Investment
Hesperia Community Development Comission
Investment Report
Unaudited
Issuer/
Institution
December 313 2022
Interest
Rate
Date of Date of
Purchase Maturity
Par Value
at Maturity
Investments under the direction of the City:
Book
Value
ATTACHMENT 4
Market
Value
I Local Agency Investment Funds [ State of California -I 2.173% 1-· 31-Dec-22 Demand $ (538,233.70) (538,233.70) (538,233.70) Local Bank Checking Accounts U.S. Bank n/a 31-Dec-22 Demand 62,438.80 62,438.80 62,438.80 Total Unaudited Investments under the direction of the City $ (600,672.50) $ (600,672.50) $ (600,672.50) I certify that this investment portfolio is in compliance with the statement of investment policy of the City of Hesperia and the investment program provides sufficient liquidity to meet expenditure requirements for the next six months, as required by the California Government Code sections 53646(b)(2) and (3), respectively. illasenor, Sen7or Accountant
Investment - CDC
TYQ.e of Investment
Investments under the direction of the City:
Local Agency Investment Funds
Local Bank Checking Accounts
Issuer/
Institution
State of California
U.S. Bank
Hesperia Water District
Investment Report
Unaudited
December 31 ~ 2022
Interest Date of
Rate eurchase
2.173% 31-Dec-22
n/a 31-Dec-22
Date of
Maturity
Demand
Demand
Par Value
at Maturity
$ 30,824,853~
3,575,894.19
Book
Value
30,824,853.40
3,575,894.19
ATTACHMENT 5
Market
Value
30,824,853.4:Q
3,575,894.19
Account
Descrip_tion
Total Unaudited Investments under the direction of the City $ 34,400,747.59 $ 34,400,747.59 $ 34,400,747.59 Investments under the direction of fiscal agents:
j Deposits - Workers' Comp PERMA n/a 1 31-oct-22 I n/a I 877,475.29 ( Total Unaudited Investments under the direction of fiscal agents $ 877,475.29 $ Please Note: All market value data is provided courtesy of the City's fiscal agent, US Bank.
I certify that this investment portfolio is in compliance with the statement of investment policy of the City of Hesperia and the investment program provides sufficient liquidity to meet expenditure requirements for the next six months, as required by the California Government Code sections 53646(b)(2) and (3), respectively.
Investment- ENT
sn,415.2s I 877,475.29] GL 1352 -
877,475.29 $ 877,475.29
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City of Hesperia
STAFF REPORT
DATE: February 21, 2023
TO: Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Jeremy McDonald, Director of Public Works
Marc Morales, Management Analyst
SUBJECT: Contract Amendment for Unarmed Security Services
RECOMMENDED ACTION
It is recommended that the City Council and Board of Directors of the Hesperia Water District (District) authorize the City Manager to approve an amendment to the existing contract with Alltech Industries, Inc. in the amount of $46,184, for a total not-to-exceed amount of $96,184, for unarmed security services.
BACKGROUND
In previous years, the Civic Center and Mojave Corporate Yard have experienced theft and vandalism prompting the continuing need for unarmed security services. While unarmed security services have not completely eliminated theft and vandalism, their presence onsite has continued to deter these events from happening more often. In addition, their onsite presence has helped establish a safe environment for staff that may be at either facility after normal working hours.
ISSUES/ANALYSIS
The FY 2022-23 contract for unarmed security services was previously awarded to a vendor on May 17, 2022 and, due to inadequate performance, the contract was terminated in October 2022.
To continue to provide unarmed security services, t he City contacted the next lowest bidder, Alltech Industries, Inc., which was able to hold the original bid amount.
Since Alltech Industries, Inc. began services in November 2022, they have provided excellent service, respond to City inquiries timely, and provided daily service reports that are automatically generated at the end of each shift.
FISCAL IMPACT
A contract amendment in the amount of $46,184 is requested in order to continue unarmed security services through the end of the fiscal year. Sufficient funding exists in the FY 2022-23 General and Water Operating Fund Budget.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENTS
None
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City of Hesperia
STAFF REPORT
DATE: February 21, 2023
TO: Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Melinda Sayre, Director of Government Services/City Clerk Erin Baum, Assistant City Clerk
SUBJECT: Guardian Records Management and Storage Contract Amendment
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 Guardian Records Management and Storage (Guardian), to extend the current contract for one year , and add an additional $25,20 0, for a revised not -to-exceed contract amount of $85,200, for the storage, maintenance and destruction of City records.
BACKGROUND
In 2017, the City entered into a three-year contract with Guardian for the storage, maintenance and eventual destruction (where applicable) of City records after the sale of the Eagle Plaza facility where records were previously stored. This contract was renewed as a sole source in 2020 for an additional three years.
ISSUES/ANALYSIS
The current contract with Guardian expires at the end of Fiscal Year (FY) 2022-23. An increase in the contract amount is requested due to an increase in the quantity of records being stored and a backlog of records destruction lingering from COVID-19 closures. Staff has been pleased with the performance and security of the services offered by Guardian during the term of the contract.
As records destruction resumes, the quantity of stored records will be reduced and should remain consistent.
FISCAL IMPACT
Funding for records storage, maintenance, and destruction is included in the City Clerk’s annual operating budget. This increase includes $7,200 for the remainder of Fiscal Year 2022-23, and $18,000 for FY 2023-24.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
None.
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City of Hesperia
STAFF REPORT
DATE: February 21, 2023
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina Assistant City Manager
Ryan Leonard, Senior Planner
SUBJECT: Appeal to the City Council (APP22-00006); Applicant: Trio Grande, LLC; APN:
3057-051-09
RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No. 2023-07, denying appeal APP22- 00006 and upholding the Planning Commission and Development Review Committee (DRC) denial of a fourth extension of time for Tentative Tract No. 17681 (TTE22-00008).
BACKGROUND
Proposal: On December 8, 2022, the Planning Commission voted 4-0 (Commissioner Bartz was absent) to uphold the DRC’s denial for a fourth extension of time for TT -17681. The Planning Commission denied the extension of time for the reasons that are listed below in this staff report.
Although the applicant is requesting that the City Council grant this appeal to overturn the Planning Commission’s denial, the City Council is precluded from granting a discretionary extension of time.
Current General Plan, Zoning and Land Uses: The project is located on the northwest corner of Hollister Street and Afton Avenue. The site is within the Single Family Residential (R1-4500) zone. The surrounding land is designated as noted on Attachment 1. The subject property and all adjacent properties are currently vacant (Attachment 2).
Project Approval Timelines:
On March 15, 2006, the City Council approved TT-17681 to subdivide 5 gross acres into 20 single-family residential lots and a zone change to change the zone from RR 2 1/2 to R-1. The Small Lot Subdivision Ordinance requires a minimum lot size of 4,500 square feet. The smallest lot within the subdivision is 5,727 square feet, the average lot size is 6,797 square feet, and the largest lot is 9,812 square feet in area. Approximately 10% of the lots are over 7,200 square feet. TT -17681 was approved for 3 years and was set to expire on April 15, 2009.
From 2008 through 2013 the California Legislature passed assembly bills automatically extending the expiration dates of tentative maps. T hese automatic extensions amounted to 7 years of automatic State extensions for TT-17681. The automatic extensions are in addition to multiple City discretionary extensions that are allowed by the Subdivision Map Act. The Subdivision Map Act allows the City to extend a tentative tract map for a maximum of 6 total years. The 6 years is a cumulative total, and the extensions of time may be broken up into multiple increments.
Staff Report to the City Council
APP22-00006
February 21, 2023
On May 4, 2016, the DRC approved the first extension of time for TT-17681 that extended the tract for an additional 1 year.
On May 31, 20 17, the DRC approved a second extension of time for TT -17681 that extended the tract for an additional 3 years.
On April 8, 2020, the DRC approved a third extension of time for TT-17681 that extended the tract for an additional 1 year.
In 2020 the California Legislature passed Assembly Bill AB-1561 that granted an 18-month extension to residential entitlements that were otherwise due to expire before the end of 2021. AB -1561 was enacted as a result of the ongoing economic and administrative challenges created by the Covid -19 pandemic. Table 1 provides the chronological order of the entitlements for this project.
Table 1: Timeline of the Project Entitlement
ISSUES/ANALYSIS
In April of 2019, the applicant submitted improvement plans and a final map to the Engineering Division for plan check. The improvement plans were reviewed and returned to the applicant on 5 separate occasions and the final map was reviewed and returned to the applicant on 3 separate occasions, with each plan check containing various corrections. In May of 2022 the 3rd plan check for the final map was returned to the applicant without any further corrections. However, the improvement plans still contained corrections. In October of 2022 the 5 th plan check for the improvement plans was returned to the applicant without any further corrections. However, consistent with the conditions of approval, the applicant was required to provide bonds and a subdivision improvement agreement to the City prior to the October 15, 2022 expiration date. The applicant did not submit the required bonds to the City and staff subsequently informed the applicant that TT-17681 was determined to have officially expired.
On October 13, 2022 , the applicant submitted an application for an extension of time. On November 2, 2022, the Development Review Committee denied the extension (Attachment 3) on the basis that the request was in conflict with Measure N. Ballot Measure N was approved by City voters in November 2020. Measure N made changes to the City General Plan, Main Street and Freeway Corridor Specific Plan , and City Municipal Code. Among other things, Measure N Land Use
Entitlement
Activity
Approval
Date
Effective
Date
Denial
Date
Expiration
Date
Length of
Extension
Tentative Tract No.
17681
03/15/2006 04/15/2006 04/15/2009 -
Senate Bill 1185
Assembly Bill 333;
208 & 116
7 years of automatic State extensions 04/15/16 7 years
TTE16-00005 05/04/2016 05/17/2016 04/15/2017 1 year
TTE17-00009 05/31/2017 06/06/2017 04/15/2020 3 years
TTE20-00006 04/08/2020 04/28/2020 04/15/2021 1 year
Assembly Bill 1561 18-month automatic State extension 10/15/2022 18 months
Staff Report to the City Council
APP22-00006
February 21, 2023
modified City Municipal Code Section 17.08.040 (E) to state that “no extensions of time are allowed for residential subdivisions.” Measure N was approved by a majority of voters and therefore may only be amended by a subsequent ballot measure. As a result, there is no mechanism in the Development Code that authorizes an approval process for any extensions of time. Furthermore, the Development Code may not be modified to allow for such an approval process.
It’s important to point out that while the City Co uncil does not have the authority to approve a discretionary extension of time, the City Council is authorized under Government Code Section 65864 to enter into a development agreement that could extend the life of the tract. However, the applicant has not submitted an application for a development agreement. Furthermore, development agreements are customarily considered as part of the land use entitlement application at the time when the project is initially approved, not 13 years after the original approval. In addition, a pproving a development agreement for this purpose would set a questionable precedent and would be inconsistent with Measure N.
CONCLUSION
The City Council does not have the authority to approve a discretionary extension of time. The City Council must uphold the Planning Commission’s denial of a fourth extension of time for Tentative Tract No. 17681.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENTS
1. Resolution No. 2023-07
2. Planning Commission Staff Report with Attachment
RESOLUTION NO. 2023-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, DENYING APPEAL APP2 2-00006, UPHOLDING THE PLANNING COMMISSION’S DENIAL OF TENTATIVE TRACT EXTENSION TTE22-00008, A FOURTH EXTENSION OF TIME F OR TENTATIVE TRACT NO. 17681 LOCATED ON THE NORTHWEST CORNER OF HOLLISTER
STREET AND AFTON AVENUE (APP22-00006)
WHEREAS, Trio Grande, LLC has filed an application requesting approval of Appeal APP22- 00006, to overturn the Development Review Committee’s denial of Tentative Tract Extension TTE22-00008, a fourth extension of time for Tentative Tract No. 17681 described herein (hereinafter referred to as "Application"); and
WHEREAS, the Application applies to a fourth extension of time for Tentative Tract No. 17681 to subdivide 5 gross acres into 20 single-family residential lots and consists of Assessor's Parcel Number 3057-051-09; and
WHEREAS, TT-17681 was originally approved by the City of Council on March 15, 2006 along with a zone change to change the zone form RR 2 ½ to R-1; and
WHEREAS, from 2008 through 2013 the California Legislature passed assembly bills SB-1185, AB-333, AB-208 and AB-116 that automatically extended the expiration dates of tentative maps.
These automatic extensions amounted to 7 years of automatic State extensions; and
WHEREAS, on May 4, 201 6, the Development Review Committee (DRC) approved the first extension of time for TT-17681 that extended the tract for an additional 1 year; and
WHEREAS, on May 31, 201 7, the Development Review Committee (DRC) approved the second extension of time for TT-17681 that extended the tract for an additional 3 years; and
WHEREAS, on April 8, 2020, the Development Review Committee (DRC) approved the third extension of time for TT-17681 that extended the tract for an additional 1 year; and
WHEREAS, In 2020 the California Legislature passed Assembly Bill AB -1561 that granted an 18-month extension to residential entitlements that were otherwise due to expire before the end of 2021; and
WHEREAS, TT-17681 was set to expire on October 15, 2022; and
WHEREAS, on November 2, 2022, the DRC denied a fourth extension of time for TT-17681; and
WHEREAS, on December 8, 2022, the Planning Commission upheld the DRC’s denial of a fourth extension of time for TT-17681; and
WHEREAS, this Application, as contemplated, proposes to appeal the Planning Commission’s denial of the extension of time for TT-17681; and
WHEREAS, the 5 gross acre site and all adjacent properties are currently vacant; and
Resolution No. 2023-07
WHEREAS, the subject property is currently within the Single Family Residential (R1-4500) zone; and
WHEREAS, in November 2020 a majority of voters of the City approved Ballet Measure N which made changes to the City General Plan, Main Street and Freeway Corridor Specific Plan, and City Munici pal Code. Among other things, Measure N modified City Municipal Code Section
17.08.040 (E) to state that “no extensions of time are allowed for residential subdivisions.” Measure N was approved by a ballot measure and therefore may only be amended by a subsequent ballot measure. As a result, the City Council does not have the authority to approve any discretionary extensions of time; and
WHEREAS, denial of a project is exempt from the requirements of the California Environmental Quality Act; and
WHEREAS, on December 8, 2022, the Planning Commission of the City of Hesperia conducted duly noticed public hearings pertaining to the proposed Application, and concluded said hearing on that date; and
WHEREAS, on February 7, 2023, the City Council of the City of Hesperia conducted duly noticed public hearings pertaining to the proposed Application, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED BY THE C ITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to the City Council during the above-referenced February 21, 2023 hearing, including public testimony and written and oral staff reports, this Commission specifically finds as follows:
(a) In November 2020 a majority of voters of the City approved Ballet Measure N which modified City Municipal Code Section 17.08.040 (E) to state that “no extensions of time are allowed for residential subdivisions.” Measure N was approved by a ballot measure and therefore may only be amended by a subsequent ballot measure. As a result, the City Council does not have the authority to approve any discretionary extensions of time.
Section 3. Based on the findings and conclusions set forth in this Resolution, the City Council hereby denies Appeal APP22-00006, denying Tentative Tract Extension TTE22- 00008, causing Tentative Tract 17681 to expire.
Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Resolution No. 2023-07
ADOPTED AND APPROVED on this 21st day of February 2023.
______________________________________ _______________________________ Brigit Bennington, Mayor
ATTEST:
____________________________________
Erin Baum, Assistant City Clerk
Attachment 2