Agenda — Hesperia City Council, January 16, 2024

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HOUSING AUTHORITY

COMMUNITY DEVELOPMENT COMMISSION

WATER DISTRICT
Meeting Agenda
Tuesday, January 16, 2024
Closed Session - 5:00PM
City Council Chambers
9700 Seventh Ave., Hesperia CA, 92345
City Clerk's Office: (760) 947-1007
City Council Members
Larry Bird, Mayor
Rebekah Swanson, Mayor Pro Tem
Brigit Bennington, Council Member
Cameron Gregg, Council Member
Allison Lee, Council Member
Rachel Molina, City Manager
Pam K. Lee, City Attorney
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.

January 16, 2024City 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 - 5:00PM
Roll Call
Mayor Larry Bird
Mayor Pro Tem Rebekah Swanson
Council Member Brigit Bennington
Council Member Cameron Gregg
Council Member Allison Lee
Conference with Real Property Negotiators – Property Negotiations Government Code Section – 54956.8

1. Negotiating Parties: Hesperia Lake Park and City of Hesperia Location: APN: 0398-031-34
Under Negotiation: Price and terms
CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Mayor Larry Bird
Mayor Pro Tem Rebekah Swanson
Council Member Brigit Bennington

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January 16, 2024City Council Meeting Agenda
Council Member Cameron Gregg
Council Member Allison Lee
D. Agenda Revisions and Announcements by City Clerk
E. Closed Session Reports by City Attorney

ANNOUNCEMENTS/PRESENTATIONS

1. Presentation to the City Council by San Bernardino County Fire Chief Munsey on the upcoming ballot Measure W (FP5).

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.

JOINT CONSENT CALENDAR

1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, December 19, 2023.

Recommended Action:

It
is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, December 19, 2023.

Staff Person: Assistant City Clerk Erin Baum
Draft CC Min 2023-12-19Attachments:

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: Assistant City Manager Casey Brooksher
SR Warrant Run 1-16-2024
Attachment 1 - Warrant Run
Attachments:

3. Treasurer’s Cash Report for the unaudited period ended November 30, 2023

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January 16, 2024City Council Meeting Agenda
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: Assistant City Manager Casey Brooksher
SR Treasurer's Report 1-16-2024
Attachment 1 - Treasurer's Report
Attachments:

4. Fiscal Year 2022-2023 Annual Compliance Report for AB 1600 Development Impact Fees
Recommended Action:

It is recommended that the City Council receive and file the AB 1600 report on development fee activity that occurred during Fiscal Year (FY) 2022-2023.

Staff Person: Assistant City Manager Casey Brooksher
SR FY 22-23 Annual Compliance Report for AB 1600 1-16-2024 Attachment 1 - AB 1600 Report
Attachments:

5. New Agreement with LANAIR for Nutanix Licensing
Recommended Action:

It
is recommended that the City Council authorize the City Manager to enter into a three-year agreement with LANAIR Technology Group Inc. for a not-to-exceed contract amount of $109,421 for cyber and system security and data protection software licensing and support.

Staff Person: Assistant City Manager Casey Brooksher
SR New Agreement with LANAIR for Nutanix Licensing 1-16-2024Attachments:

6. Pacific Products & Services, LLC Contract Amendment
Recommended Action:

It
is recommended that the City Council authorize the City Manager to amend the existing agreement with Pacific Products & Services. LLC in the amount of $30,000 for a total not-to-exceed contract amount of $250,000 for the purchase of traffic signs and sign materials.

Staff Person: Management Analyst Marc Morales
SR Pacific Products & Services, LLC Contract Amendment 1-16-2024Attachments:

7. G & M Automotive Center, Inc. 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 amend the current contract with G & M Automotive Center, Inc. in the amount of $75,000 for a new not-to-exceed

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January 16, 2024City Council Meeting Agenda

8. 9.

10. contract amount of $575,000 for vehicle maintenance and repairs.

Staff Person: Management Analyst Marc Morales
Attachments: SR G & M Automotive Center, Inc. Contract Amendment 1-16-2024 Equipment Procurement - Case Skip Loader
Recommended Action:

It is recommended that the City Council and Board of Directors of the Hesperia Water District authorize a City Council Bidding Override exemption for the purchase of one Case skip loader, by authorizing the City Manager to enter an agreement with Sonsray Machinery, LLC in the not-to- exceed amount of $130,000.

Staff Person: Interim Director of Public Works Mark Faherty Attachments: SR Equipment Procurement - Case Skip Loader 1-16-2024 Fire Riser Inspection and Repair Services 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 of $ 24,500 to the existing contract with Champion Fire Systems, Inc. for a total revised not-to- exceed contract amount of $ 74,500 for fire riser inspection and repair services for City and Water District facilities.

Staff Person: Interim Director of Public Works Mark Faherty Attachments: SR Fire Riser Inspection and Repair Services Contract Amendment 1-16-2024 Consideration of Annual Update of the City Council Procedures Manual Recommended Action:

It is recommended that the City Council review and approve housekeeping updates to the City Council Procedures Manual for 2024.

Staff Person: Deputy City Manager/City Clerk Melinda Sayre SR Consideration of Update of the City Council Procedures Manual 1-16-2024 Attachment 1 - Draft update of the 2024 City Council Procedures Manual Attachments:

NEW BUSINESS

11. Discussion of Potential Measures for the 2024 General Election Ballot Recommended Action:

It
is recommended that the City Council provide direction to staff on potential measures to be placed on the ballot for the General Election occurring on November 05, 2024.

Staff Person: Assistant City Manager Casey Brooksher
SR Discussion of Potential Measures for the 2024 Election Ballot 1-16-2024Attachments:

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January 16, 2024City Council Meeting Agenda

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 Wednesday, January 10th, 2024 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.

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City of Hesperia
City of Hesperia
Meeting Minutes - Draft
City Council
Tuesday, December 19, 2023 6:30 PM

REGULAR MEETING AGENDA

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HESPERIA HOUSING AUTHORITY

HESPERIA COMMUNITY DEVELOPMENT COMMISSION
9700 7th Avenue, Council Chambers, Hesperia, CA 92345
CLOSED SESSION - 5:00 PM
Roll Call

Present: 4 - Council Member Lee, Mayor Bird, Mayor Pro Tem Swanson and Council Member Bennington

Absent: 1 -
Council Member Gregg
Conference with Legal Counsel - Potential Litigati
on: Government Code Section 54956.9(d)2

1. Two (2) Cases
CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call

Present: 4 - Council Member Lee, Mayor Bird, Mayor Pro Tem Swanson and Council Member Bennington

Absent: 1 -
Council Member Gregg
D. Agenda Revisions and Announcements by City Clerk
New Business item number 12 was postpone
d until the January 16, 2024, regular City Council Meeting.

Item number 8 was removed from the Joint Consent C
alendar and considered separately under New Business.

City Council Chambers
9700 Seventh Ave.

Hesperia CA, 92345

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City of Hesperia
E. Closed Session Reports by City Attorney

ANNOUNCEMENTS/PRESENTATIONS

1. Presentation to resident Cyndy Mandell, Pride Enhancement Program Honoree.

2. Presentation to Residential Christmas Decorating Contest Winner.

3. Presentation by Department of Transportation on I-15 Pavement Rehab Project.

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

Ruben Sanchez commented via voicemail.

Shirley Bruno commented.

Kenneth J. Counts commented.

Denise Rutlege commented.

Betty Davis commented.

Nicole Cascone commented.

Al Vogler commented.

JOINT CONSENT CALENDAR
A motion was made by Bennington, seconded by Swanson, that the Joint Consent Calendar be approved. The motion carried by the following vote:

Aye: 4 - Lee, Bird, Swanson, and Bennington
Nay: 0

Absent: 1 - Gregg

1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, December 5, 2023.

Recommended Action:

It is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, December 5, 2023.

Sponsors: Assistant City Clerk Erin Baum

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

It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Communit
y Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.

Sponsors: Assistant City Manager Casey Brooksher

3. Treasurer’s Cash Report for the unaudited period ended October 31, 2023 Recommended Action:

It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor

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City of Hesperia
Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.

Sponsors: Assistant City Manager Casey Brooksher

4. Audited Hesperia Housing Authority Financial Statements for Fiscal Year Ended June 30, 2023 and Housing Successor SB 341 Report
Recommend
ed Action:

It is recommended that the City Council and the Hesperia Housing Authority (HHA) Board receive and file the audited Hesperia Housing Authority -
Component Unit Financial Statements for the Fiscal Year Ended June 30, 2023 and Housing Successor SB 341 Report.

Sponsors: Assistant City Manager Casey Brooksher

5. Receive and File the Local Agency Special Tax and Bond Accountability Act Report (SB 165) for the Fiscal Year Ended June 30, 2023
Recommend
ed Action:

It is recommended that the City Council receive and file the Communities Facilities District (CFD) 2005-1 (Belgate Development Restructuring) Local
Agency Special Tax and Bond Accountability Act Report (SB 165) for the Fiscal Year Ended June 30, 2023.

Sponsors: Assistant City Manager Casey Brooksher

6. Nobel Systems, Inc. Contract Amendment
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 of $23,400 to the existing contract with Nobel Systems, Inc. (Nobel), for a revised not-to-exceed contract amount of $216,384 for the Nobel Forms Unlimited module.

Sponsors: Assistant City Manager Casey Brooksher

7. Award of Contract for IT Office Construction
Recommended Action:

It is recommended that the City Council authorize the City Manager to award a contract with Preferred General Services, Inc. in the amount of $63,
914 and approve an additional 10% contingency in the
amount of $6,391 for a not-to-exceed amount of $70,305 for the construction of one office and cubicle reconfiguration for the Information Technology (IT) division.

Sponsors: Management Analyst Marc Morales
Item 8 was considered separately under New Business.

9. Adopt Resolution No. 2023-70 Approving General Provisions, Contract Documents, and Notice Inviting Sealed Bids for Public Works Projects and
Approve Standard Specifications as a component of the City’s Standard Specifications and Contract Documents
Recommended Action:

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City of Hesperia
It is recommended that the City Council approve Resolution 2023-70 to allow the Development Services Department to defer the City Council’s approval of plans, specifications, and estimates for each individual project by City Council approving a standard (boiler plate) for Public Works specification documents and reviewing approval upon contract award.

Sponsors: Director of Development Services Nathan Freeman

PUBLIC HEARING

10. User Fee Study
Recommended Action:

It is recommended that the City Council and Board of Directors of the Hesperia Water District consider amending the City-wide fee schedule, as
identified in the related to the User Fee Study, and the adoption of proposed Joint Resolution No. 2023-67 and Resolution HWD 2023-24.

Sponsors: Assistant City Manager Casey Brooksher and City Manager Rachel Molina A motion was made by Swanson, seconded by Bennington, that this item be approved. The motion carried by the following vote:

Aye: 4 - Lee, Bird, Swanson, and Bennington
Nay: 0

Absent: 1 - Gregg

NEW BUSINESS

8. Award Professional Services Agreements for a Focused Update to the General Plan and General Plan Environmental Impact Report
Recommend
ed Action:

It is recommended that the City Council authorize the City Manager to execute a Professional Services Agreement (PSA) with Place
Works, Inc. in the amount of $849,161, with a 10% reserve contingency of $84,916, for a total contract cost of $934,077 for a Focused update to the City’s General Plan and General Plan Environmental Impact Report (EIR).

Sponsors: Senior Planner Ryan Leonard
A motion was made by Bennington, seconded by Lee, that this item be approved. The motion carried by the following vote:

Aye: 4 - Lee, Bird, Swanson, and Bennington
Nay: 0

Absent: 1 - Gregg

11. City Council Appointments to Outside Agencies
Recommended Action:

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City of Hesperia
It is recommended that the City Council follow past practice and appoint liaisons (both primary and alternate) to various outside agencies for a one-year period to commence in January 2024.

Sponsors: Deputy City Manager/City Clerk Melinda Sayre
A motion was made by Swanson, seconded by Lee, that the following appointments be approved.

The motion carried by the following vote:

Aye: 4 - Lee, Bird, Swanson, and Bennington
Nay: 0

Absent: 1 - Gregg
Agency/Committee Name Representatives
League of California Cities(LOCC)
Inland Empire & Desert Mountain
Division
Primary – Bennington
Alternate – Lee
Mojave Desert Air Quality
Management District (MDAQMD)
Primary – Bennington
Alternate – Gregg
San Bernardino County
Transportation Authority
(SBCTA)
Primary – Swanson
Alternate – Bennington
Mountain/Desert Policy Committee
San Bernardino County Solid Waste
Task Force
Primary – Gregg
Alternate - Staff
*Rachel will designate
Victor Valley Economic
Development Authority (VVEDA)
Primary – Lee
Alternate – Swanson
Victor Valley Transit Authority
(VVTA)
Primary – Bird
Alternate – Lee
2 nd Alternate - Gregg
Victor Valley Wastewater
Reclamation Authority (VVWRA)
Primary – Bird
Alternate – Bennington
2 nd Alternate- Swanson
Greater High Desert Chamber of
Commerce Liaison
Primary – Bird
Alternate – Swanson
Tri Agency Committee Primary – Swanson/ Lee
Alternate – Bennington
City Council Advisory Committee Primary – Lee
Alternate – Bennington

12. Discussion of Potential Measures for the 2024 General Election Ballot Recommended Action:

It is recommended that the City Council provide direction to staff on potential measures to be placed on the ballot for the General Election occ
urring on November 05, 2024.

Sponsors: Assistant City Manager Casey Brooksher

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City of Hesperia
This item was postponed to the January 16, 2024 regular City Council meeting by staff.

COUNCIL COMMITTEE REPORTS AND COMMENTS
The Mayor, Mayor Pro Tem, and Council Members reported from various events and Committees.

Mayor Bird announced that the January 2nd 2024 regular City Council meeting is cancelled.

Council Member Lee requested traffic accident statistics for the section of Mariposa, between Main St. and Bear Valley Road and would like to discuss potential measures to make the stretch safer.

CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
The City Manager thanked staff for their efforts in 2023.

ADJOURNMENT
The meeting was adjourned to the second regular meeting in January 2024 in honor of Jaden Tate’s and Eric Swanson’s birthdays, and in recognition of Earnest C. “Big John” Johnson at 8:53 p.m. _____________________________
Erin Baum,
Assistant City Clerk

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City of Hesperia

STAFF REPORT

DATE: January 16, 2024
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: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Anne Duke, Deputy Finance Director
Shirley Domacio Calderon, Accountant

SUBJECT: Warrant Run Report (City – Successor Agency – Housing Authority – Community Development Commission – Water)

RECOMMENDED ACTION

BACKGROUND

The Warrant Run totals represented below are for th e period November 18, 2023 through December 08, 2023.

ATTACHMENT(S)

1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $5,277,780.90 $584,642.11 $0.00 $5,862,423.01 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 4,062.97 379.78 0.00 4,442.75
Community Development Commission 0.00 0.00 0.00 0.00
Water 461,560.83 236,071.52 0.00 697,632.35
Totals $5,743,404.70 $821,093.41 $0.00 $6,564,498.11

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YEAR-TO PRIOR FY YTD

W/E W/E W/E WARRANT DATE DATE
FUND # FUND NAME 11/24/2023 12/1/2023 12/8/2023 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 1,865,943.93$ 68,132.12$ 173,213.39$ 2,107,289.44$ - $ 16,184,402.97$ 14,366,915.08$ 105 PENSION OBLIGATION TRUST -$ -$ -$ -$ - $ -$ -$ 106 OPEB TRUST -$ -$ -$ -$ - $ -$ -$ 200 HESPERIA FIRE DISTRICT -$ -$ -$ -$ - $ -$ -$ 204 MEASURE I - RENEWAL -$ -$ 933.77$ 933.77$ - $ 436,849.91$ 224,892.15$ 207 LOCAL TRANSPORT-SB 325 -$ -$ -$ -$ - $ 967,882.81$ 27,839.18$ 209 GAS TAX-RMRA -$ -$ -$ -$ - $ -$ -$ 210 HFPD (PERS) -$ -$ -$ -$ - $ 907,316.00$ 1,093,204.87$ 251 CDBG 29,397.65$ -$ 12,105.66$ 41,503.31$ - $ 281,331.85$ 60,535.48$ 254 AB2766 - TRANSIT -$ -$ -$ -$ - $ -$ -$ 255 AB3229 SUPPLEMENTAL LAW -$ -$ -$ -$ - $ -$ -$ 256 ENVIRONMENTAL PROGRAMS GRANT 166.79$ -$ 1.50$ 168.29$ - $ 15,913.97$ 19,109.68$ 262 SB 1383 LOCAL ASSISTANCE GRANT -$ -$ -$ -$ - $ -$ 30,900.00$ 263 STREETS MAINTENANCE 45,506.16$ 46,324.97$ 12,954.65$ 104,785.78$ - $ 1,068,278.34$ 1,004,693.64$ 300 DEV. IMPACT FEES - STREET -$ -$ -$ -$ - $ 3,600.00$ 30,261.18$ 301 DEV. IMPACT FEES - STORM DRAIN -$ -$ -$ -$ - $ -$ 17,460.50$ 303 DEV. IMPACT FEES - POLICE -$ -$ -$ -$ - $ -$ -$ 304 DEV. IMPACT FEES - PUBLIC WKS. -$ -$ -$ -$ - $ -$ -$ 306 DEV. IMPACT FEES - 2018-STREETS 40,581.26$ 70,029.64$ -$ 110,610.90$ - $ 1,466,551.32$ 2,293,325.18$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ -$ - $ -$ 7,969.11$ 313 DIF A-04 DRAINAGE -$ -$ -$ -$ - $ 317,748.35$ 3,000.00$ 402 WATER RIGHTS ACQUISITION -$ -$ -$ -$ - $ 1,217,911.69$ 1,092,323.17$ 403 2013 REFUNDING LEASE REV BONDS -$ -$ -$ -$ - $ 570,901.39$ 655,055.62$ 504 CITY WIDE STREETS - CIP 198,932.26$ 2,120,914.67$ -$ 2,319,846.93$ - $ 6,730,267.51$ 5,822,001.68$ 509
CITY FACILITIES CIP -$ -$ -$ -$ - $ -$ -$ 800 EMPLOYEE BENEFITS 129,290.74$ 405,337.52$ 40,930.65$ 575,558.91$ - $ 4,091,188.53$ 3,926,772.86$ 801 TRUST/AGENCY (36.43)$ 40.00$ 320.00$ 323.57$ - $ 1,094,807.07$ 1,233,739.86$ 802 AD 91-1 AGENCY -$ -$ -$ -$ - $ -$ -$ 804 TRUST-INTEREST BEARING 11,144.00$ -$ 5,616.00$ 16,760.00$ - $ 126,721.70$ 60,955.00$ 807 CFD 2005-1 -$ -$ -$ -$ - $ 986,388.74$ 969,811.58$ 808 HFPD (TRANSITION) -$ -$ -$ -$ - $ 347,796.19$ 317,384.59$ 815 PLAN REVIEW TRUST - FRONTIER -$ -$ -$ -$ - $ -$ 6,584.08$ CITY 2,320,926.36$ 2,710,778.92$ 246,075.62$ 5,277,780.90$ - $ 36,815,858.34$ 33,264,734.49$ 163 REDEVELOP OBLIG RETIREMENT-2018 -$ -$ -$ -$ - $ 8,085,433.89$ 7,746,169.98$ SUCCESSOR AGENCY -$ -$ -$ -$ - $ 8,085,433.89$ 7,746,169.98$ 370 HOUSING AUTHORITY 3,788.34$ 90.00$ 184.63$ 4,062.97$ - $ 8,999.34$ 19,261.82$ HOUSING AUTHORITY 3,788.34$ 90.00$ 184.63$ 4,062.97$ - $ 8,999.34$ 19,261.82$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ - $ -$ -$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ - $ -$ -$ 700 WATER OPERATING 63,215.34$ 57,639.49$ 318,764.57$ 439,619.40$ - $ 5,178,790.94$ 4,205,324.94$ 701 WATER CAPITAL -$ -$ -$ -$ - $ 313,800.00$ 15,539.50$ 710 SEWER OPERATING 1,088.44$ 151.92$ 3,213.58$ 4,453.94$ - $ 2,645,502.57$ 2,372,821.23$ 711 SEWER CAPITAL 2,875.00$ -$ -$ 2,875.00$ - $ 527,975.10$ 199,369.57$ 720 RECLAIMED WATER OPERATIONS -$ -$ 14,612.49$ 14,612.49$ - $ 30,203.01$ 14,719.70$ WATER 67,178.78$ 57,791.41$ 336,590.64$ 461,560.83$ - $ 8,696,271.62$ 6,807,774.94$ ACCOUNTS PAYABLE TOTAL 2,391,893.48$ 2,768,660.33$ 582,850.89$ 5,743,404.70$ - $ 53,606,563.19$ 47,837,941.23$ REG. PAYROLL

City 290,791.75$ -$ 293,850.36$ 584,642.11$ - $ 3,610,904.23$ 3,285,325.17$ Housing Authority 193.40$ -$ 186.38$ 379.78$ - $ 2,345.62$ 2,181.47$ Water 117,818.56$ -$ 118,252.96$ 236,071.52$ - $ 1,527,279.22$ 1,351,045.37$ PAYROLL TOTAL 408,803.71$ -$ 412,289.70$ 821,093.41$ - $ 5,140,529.07$ 4,638,552.01$ *No payments were issued on July 1, 2023.

City of Hesperia

WARRANT RUNS
11/18/2023 - 12/08/2023

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City of Hesperia

STAFF REPORT

DATE: January 16, 2024
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: Rachel Molina, City Manager

BY: Casey Brooksher, Assistant City Manager
Anne Duke, Deputy Finance Director
Jacob Weatherbie, Accountant

SUBJECT: Treasurer’s Cash Report for the unaudited period ended November 30, 2023.

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 Section 5 3646 (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 November 30, 2023.

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

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Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
January 16, 2024

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Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
January 16, 2024

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Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
January 16, 2024

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City of Hesperia

STAFF REPORT

DATE: January 16, 2024
TO: Mayor and City Council Members
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Keith Cheong, Senior Accountant
SUBJECT: Fiscal Year 2022-2023 Annual Compliance Report for AB 1600 Development Impact Fees

RECOMMENDED ACTION

It is recommended that the City Council receive and file the AB 1600 report on development fee activity that occurred during Fiscal Year (FY) 2022-2023.

BACKGROUND

State of California Assembly Bill 1600 (AB 1600) – the Mitigation Fee Act (Gov ernment Code, Sections 66000 et seq.) sets forth the standards of governing fees charged to address the impacts of development. The City Council adopted and updated various development impact fees applicable to new development within the City. The purpose of development impact fees is to finance the design, constructio n, and acquisition of facilities and equipment necessary to accommodate future development.

ISSUES/ANALYSIS

Development impact fees are collected, segregated and placed in special funds or accounts which earn interest. Those funds are held for the facil ities f rom which the fees are collected, in accordance with Government Code Section 66006. This report provides a summary of development fee activity and financial detail regarding each of the projects impacted during FY 2022-23 (July 1, 20 22 through June 30, 202 3). The summary of development fee activity and detail regarding each project is included as Attachment 1 to this report.

Annual Compliance Reporting for all Development Impact Fees Government Code Section 66006(b) sets forth that fo r each Development Impact Fee (DIF) the City shall, within 180 days after the last day of each fiscal year, make available to the public the following information:
 A brief description of the type of fee in the account or fund.  The amount of the fee.
 The beginning and ending balance of the account or fund.  The amount of the fees collected and interest earned.  An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

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Staff Report to the Mayor and City Council
Fiscal Year 2022-23 Annual Compliance Report for AB 1600 Development Impact Fees January 16, 2024

 An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement.  A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and in the case of an interfun d loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.  The amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

Stated below are the unaudited DIF Balances as of June 30, 2023.

Fund Fund Balance as
of 6/30/2023
Transportation Facilities $7,210,093
Citywide Drainage Facilities $5,681,952
A-04 Drainage Facilities $823,569
Fire Facilities $4,398,377
Police Facilities $41,710
Public and City Hall Facilities ($3,035,399)
1 Animal Control Facilities $273,010
Records Storage Facilities $128,179
Note:

1. Includes accumulated debt related to loan from the General Fund which was made in order to cover the shortfall in the required 87.25% contribution from Impact Fees. The General Fund loan amount will increase annually until Impact Fees are sufficient to make the full

87.25% contribution.

The attached report provides all the required elements and details regarding balance, fees collected, and project expenditures. The purpose of the applicable legal requirements under the Mitigation Fee Act, as it applies to findings and compliance reporting, is to provide the community with information as to the status and use of impact fees collected. Additionally, every five years, Government Code Section 66 001(d) requires the City to identify the purpose for the continued collection of the fee and the anticipated amount of impact fees to be used towards future improvements. This five -year requirement was met with the Fiscal Years 2015 -16 through 2020-21 re port approved by the City Council in January 2022. The next five -year report requirement will be included with the Fiscal Year 2025-26 report.

The Fiscal Year 2022 -2023 annual report presented meets the requirements per the Mitigation Fee Act.

In addition, per Section 66006(2), the City is required to review and accept the report not less than fifteen (15) days after the information has been made available to the public for review.

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Staff Report to the Mayor and City Council
Fiscal Year 2022-23 Annual Compliance Report for AB 1600 Development Impact Fees January 16, 2024

FISCAL IMPACT

There is no fiscal impact. This report provides a summary of transaction activity that has already occurred and expenditures on projects previously authorized by the City Council.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENTS

1. Attachment 1 – AB 1600 Report

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CITY OF HESPERIA
GOVERNMENT CODE SECTIONS 66001 AND 66006

ANNUAL REPORT
FISCAL YEAR 2022- 2023
City of Hesperia
9700 Seventh Avenue
H
esperia, CA 92345
ATTACHMENT 1

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Table of Contents

SECTION PAGE
I EXECUTIVE SUMMARY ............................................................... 3 A Purpose of the Report .................................................................. 3 II FISCAL YEAR 2022-2023
ANNUAL REPORT ........................................................................ 5 A Transportation Facilities .............................................................. 5 B Citywide Drainage Facilities ........................................................ 7 C A-04 Drainage Facilities ............................................................... 9 D Fire Facilities ................................................................................ 10 E Police Facilities ........................................................................... 12 F Public and City Hall Facilities .................................................... 14 G Animal Control Facilities ........................................................... 16 H Records Storage Facilities ........................................................ 18

APPENDICES

APPENDIX A TRANSPORTATION FACILITIES FEE

FINANCIAL SUMMARY REPORT

APPENDIX B CITYWIDE DRAINAGE FACILITIES FEE

FINANCIAL SUMMARY REPORT
APPENDIX C A-04 DRAINAGE FACILITIES FEE

FINANCIAL SUMMARY REPORT

APPENDIX D FIRE FACILITIES FEE FINANCIAL

SUMMARY REPORT

APPENDIX E POLICE FACILITIES FEE FINANCIAL

SUMMARY REPORT

APPENDIX F PUBLIC AND CITY HALL FACILITIES FEE

FINANCIAL SUMMARY REPORT

APPENDIX G ANIMAL CONTROL FACILITIES FEE

FINANCIAL SUMMARY REPORT

APPENDIX H RECORDS STORAGE FACILITIES FEE

FINANCIAL SUMMARY REPORT

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I EXECUTIVE SUMMARY
A Purpose of the Report
Sections 66001 and 66006 of the Government Code provide that the City of Hesperia ("City") shall make available to the public certain information and adopt described findings relative to development impact fees ("Impact Fees") collected pursuant to Section 66000 et seq. of the Government Code. The described information and findings relate to Impact Fees received, expended or to be expended in connection with public facilities to accommodate new development.

Section 66006(b) of the Government Code requires that for each Impact Fee the City shall, within 180 days after the last day of each Fiscal Year, make available to the public the following information for the Fiscal Year:
 A brief description of the type of fee in the account or fund; The amount of the fee;  The beginning and ending fund balance of the account or fund; The amount of the fees collected and interest earned;
 An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees;
 An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement;

 A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan; and  The amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements and volume of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

Section 66001(d) of the Government Code requires that for each Impact Fee, the City shall make all of the following findings every fifth year with respect to that portion of the account remaining unexpended, whether committed or uncommitted:
 Identify the purpose to which the fee is to be put;
 Demonstrate a reasonable relationship between the fee and purpose for which it is charged.
 Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements; and

 Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.

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The five -year report was provided (January 2022) as part of the Fiscal Years 2015 -2016 through 2020-2021 reports.

The Impact Fees of the City for Fiscal Year 2022-2023 fund the following types of facilities:

A. Transportation Facilities;
B. Citywide Drainage Facilities;
C. A- 04 Drainage Facilities;
D. Fire Facilities;
E. Police Facilities;
F. Public and City Hall Facilities;
G. Animal Control Facilities; and
H. Records Storage Facilities.

The Impact Fees were originally adopted by Ordinance No. 180 on September 16, 1993 (the “Ordinance”). The dollar amounts of the fees are adopted by resolution. The Impact Fees were previously updated by Resolution Nos. 2018-26 and 2020-69 on May 15, 2018, and November 17, 2020, respectively. The Impact Fees were last updated by Resolution No. 2022-01 on April 2, 2022.

The following Annual Report for Fiscal Year 2022-2023 include the information and proposed findings the City intends to review and adopt in accordance with Sections 66001 of the Government Code.

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II FISCAL YEAR 2022-2023 ANNUAL REPORT
A. Transportation Facilities

1. Description of the type of Impact Fees in the account or sub-account(s) of the City.

Transportation Facilities includes infrastructure necessary to provide safe and efficient vehicular access throughout the City. In order to meet the transportation demand of new development through build out, the City identified the need for new roadways and transit facility.

2. Amount of the Impact Fees.

Table II-1: Transportation Facilities Fee by Land Use for Projects Submitted Prior to July 16, 2018 (Fund 300)

Land Use Fee Amount
Single Family $9,781.00 per unit
Multi-Family $6,259.00 per unit
Hotel/Motel $7,238.00 per unit
Non-Residential $2.12 per sq. ft.

Table II-2: Transportation Facilities Fee by Land Use for Projects Submitted After July 16, 2018 (Fund 306)

Land Use Fee Amount
Single Family $9,952.00 per unit
Multi-Family $6,895.00 per unit
Commercial/Office/Retail $6,000.00 per 1,000 bldg. sq. ft.

Industrial $1,500.00 per 1,000 bldg. sq. ft.

Hotel/Motel $7,001.00 per room

Table II-3: Transportation Facilities Fee by Land Use for Projects Submitted After April 2, 2022 (Fund 306)

Land Use Fee Amount
Single Family $12,371.00 per unit
Multi-Family $8,667.00 per unit
Commercial/Office/Retail $6,000.00 per 1,000 bldg. sq. ft.

Industrial $2,703.00 per 1,000 bldg. sq. ft.

Hotel/Motel $11,971.00 per room

3. Beginning and ending fund balance of account and sub-account(s).

Tables 1 and 2 in Appendix A list the beginning and ending fund balances for the Transportation Facilities Fee Accounts from Fiscal Year 2018-2019 through Fiscal Year 2022-2023.

4. Amount of the Impact Fees collected and interest earned.

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Tables 1 and 2 in Appendix A show the amount of Transportation Facilities Fee collected, interest earned, and miscellaneous income during Fiscal Years 2018-2019 through 2022-2023.

5. Identification of each improvement on which Impact Fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the City that was funded with Impact Fees.

Table II-4: Fiscal Year 2022-2023 Transportation Facilities Fee Expenditures Percentage of
Project Funded
by Fees Project Amount
Ranchero Road Improvements $4,379,086 16%
SBCTA Loan Payments 1 $11,506,343 100%
Property Disposition 2 $7,144,916 100%
Total $23,030,345 N/A
Note:

1. In April 2014, the City entered into an agreem ent with San Bernardino County Transportation Authority (SBCTA) for the construction and financing of the Ranchero Road Interchange. The agreement specified that at completion of the project, any unpaid amounts would be converted to a loan to the City by SBCTA and payable with Impact Fees. The ten-year loan includes interest calculated at the Local Agency Investment Fund (LAIF) rate. The original principal amount was $18,762,403. As of June 30, 2023, the outstanding principal balance was $0.

2. The Property Disposition includes the removal of the fully recorded book value of the Land Held for Resale. The $4,484,430 received as Proceeds from Land Sale related to the property sale is shown separately in Appendix A.

6. Identification of an approximate date by which the construction of project(s) of the City will commence if the City determines that sufficient funds have been collected to complete financing on an incomplete project of the City, as identified in paragraph (2) of subdivision (A) of Section 66001, and the project of the City remains incomplete.

Table II -5: Fiscal Year 2022- 2023 Transportation
Facilities Incomplete Projects with Sufficient Funding

The City has determined that it has or will obtain sufficient funds to finance such projects.

ESTIMATED ESTIMATED ESTIMATED AMOUNT TO BE

CONSTRUCTION CONSTRUCTION TOTAL FUNDED BY

START COMPLETION COST IMPACT FEES
Ranchero Rd Improve-Mariposa 2021-2022 TBD 373,289,206 9,137,225 Traffic Signal @ Ranchero & Maple 2021-2022 2023-2024 450,000 198,582 Ranchero Road Aqueduct Crossing 2021-2022 2023-2024 16,362,000 7,219,740 Traffic Signal @ Ranchero/Cottonwood 2021-2022 2023-2024 450,000 185,710 Traffic Signal @ Ranchero/Seventh 2021-2022 2023-2024 450,000 175,040

PROJECT

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7. Description of each interfund transfer or loan made from the account or sub- account(s), including project(s) of the City on which the transferred or loaned Impact Fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of Interest that the account or sub-account(s) will receive on the loan.

No transfers or loans were made from the Transportation Facilities Fee Accounts in Fiscal Year 2022-2023.

8. The amount of refunds made or revenues allocated for other purposes if the administrative costs of refunding unexpended revenues exceed the amount to be refunded.

No refunds were made from the Transportation Facilities Fee Accounts in Fiscal Year 2022-2023.

B. Citywide Drainage Facilities

1. Description of the type of Impact Fees in the account or sub-account(s) of the City.

The Citywide Drainage Facilities will serve the residents of Hesperia by providing new drainage systems and improvements to existing drainage facilities in order to mitigate the impacts of new development on the existing drainage facilities. The drainage facilities to be financed include components for new detention basins, storm drain systems, street crossings, and flood control basins.

2. Amount of the Impact Fees.

Table II-6: Citywide Drainage Facilities Fee by Land Use for Projects Submitted Prior to July 16, 2018 (Fund 301) Land Use Fee Amount
Single Family $1,284.00 per unit
Multi-Family $821.00 per unit
Hotel/Motel $937.00 per unit
Non-Residential $0.28 per sq. ft.

Table II-7: Citywide Drainage Facilities Fee by Land Use for Projects Submitted After July 16, 2018 (Fund 307)
Land Use Fee Amount
Single Family $963.00 per unit
Multi-Family $367.00 per unit
Commercial/Office/Retail $300.00 per 1,000 bldg. sq. ft.

Industrial $632.00 per 1,000 bldg. sq. ft.

Hotel/Motel $213.00 per room

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Table II-8: Citywide Drainage Facilities Fee by Land Use for Projects Submitted After April 2, 2022 (Fund 307)
Land Use Fee Amount
Single Family $1,387.00 per unit
Multi-Family $529.00 per unit
Commercial/Office/Retail $300.00 per 1,000 bldg. sq. ft.

Industrial $910.00 per 1,000 bldg. sq. ft.

Hotel/Motel $306.00 per room

3. Beginning and ending fund balance of account and sub-account(s).

Tables 1 and 2 in Appendix B list the beginning and ending fund balances for the Citywide Drainage Facilities Fee Accounts from Fiscal Year 201 8-2019 through Fiscal Year 2022-2023.

4. Amount of the Impact Fees collected and interest earned.

Tables 1 and 2 in Appendix B show the amount of Citywide Drainage Facilities Fees collected, interest earned, and miscellaneous income during Fiscal Years 2018-2019 through 2022-2023.

No projects were funded by the Citywide Drainage Facilities Fees in Fiscal Year 2022-2023.

Table II-9: Fiscal Year 2022-2023 Citywide Drainage
Facilities Incomplete Projects with Sufficient Funding

The City has determined that it has or will obtain sufficient funds to finance such projects.

7. Description of each interfund transfer or loan made from t he account or sub- account(s), including project(s) of the City on which the transferred or loaned Impact Fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of Interest that the account or sub-account(s) will receive on the loan.

ESTIMATED ESTIMATED ESTIM ATED AMOUNT TO BE

CONSTRUCTION CONSTRUCTION TOTA L FUNDED BY

START COMPLETION COST IM PACT FEES
Walnut Street - H-01 Retention Basin 2022-2023 TBD 1,894, 659 1,144,659

PROJECT

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No transfers or loans were made from the Citywide Drainage Facilities Fee Accounts in Fiscal Year 2022-2023.

8. The amount of refunds made or revenues allocated for other purposes if the administrative costs of refunding unexpended revenues exceed the amount to be refunded.

No refunds were made from the Citywide Drainage Facilities Fee Accounts in Fiscal Year 2022-2023.

C. A-04 Drainage Facilities

1. Description of the type of Impact Fees in the account or sub-account(s) of the City.

The A-04 Drainage Facilities will serve the residents of Hesperia by providing new drainage systems and improvements to existing drainage facilities in the area identified by the City as the A-04 drainage area in order to mitigate the impacts of new development on the existing drainage facilities. The A-04 drainage facilities to be financed include components for new detention basins, storm drain systems, street crossings, and flood control basins.

In 2020, projected development within the A -04 drainage area caused the City to look specifically at the demographics and facility costs within the A-04 drainage area for the purpose of considering an Impact Fee specific to this area. As a result, improvements relating to the A-04 drainage area were removed from the Citywide needs list and an Impact Fee specific to the A -04 drainage area was adopted.

Projects within the A-04 drainage area are still subject to Citywide Impact Fees.

2. Amount of the Impact Fees.

Table II-10: A-04 Drainage Facilities Fee by Land Use (Fund 313)

Land Use Fee Amount
Single Family $10,539.00 per unit
Multi-Family $5,018.63 per unit
Non-Residential $2,462.65 per 1,000 bldg. sq. ft.

3. Beginning and ending fund balance of account and sub-account(s).

Table 1 in Appendix C lists the beginning and ending fund balances for the A -04 Drainage Facilities Fee Accounts from Fiscal Year 2018- 2019 through Fiscal Year 2022-2023.

4. Amount of the Impact Fees collected and interest earned.

Table 1 in Appendix C shows the amount of A-04 Drainage Facilities Fees collected, interest earned, and miscellaneous income during Fiscal Years 201 8-2019 through 2022-2023.

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Table II-11: Fiscal Year 2022-2023 A-04 Drainage
Facilities Fee Expenditures

Project

Amount
Percentage of
Project Funded
by Fees
A-04 Drainage Program $6,270 100%
Total $6,270 N/A

6. Identification of an approximate date by which the construction of project(s) of the City will commence if the City determines that sufficient funds have been collected to complete financing on an incomplete project of the City, as identi fied in paragraph (2) of subdivision (A) of Section 66001, and the project of the City remains incomplete.

The City has determined that no projects currently have sufficient funds to finance construction.

No transfers or loans were made from the A-04 Drainage Facilities Fee Accounts in Fiscal Year 2022-2023.

8. The amount of refunds made or revenues allocated for other purposes if the administrative costs of refunding unexpended revenues exceed the amount to be refunded.

No refunds were made from the A -04 Drainage Facilities Fee Accounts in Fiscal Year 2022-2023.

D. Fire Facilities

1. Description of the type of Impact Fees in the account or sub-account(s) of the City.

The Fire Facilities includes those facilities used by the City to protect life and property. The City identifies the need for additional fire protection facilities as build out of the community occurs. In order to serve new development through build out in Hesperia, the City identified the need for one new fire station and expansion of existing fire stations.

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2. Amount of the Impact Fees.

Table II-12: Fire Facilities Fee by Land Use for Projects Submitted Prior to July 16, 2018 (Fund 302)

Land Use Fee Amount
Single Family $1,425.00 per unit
Multi-Family $912.00 per unit
Hotel/Motel $1,054.00 per unit
Non-Residential $0.31 per sq. ft.

Table II-13: Fire Facilities Fee by Land Use for Projects Submitted After July 16, 2018 (Fund 308)

Land Use Fee Amount
Single Family $648.00 per unit
Multi-Family $491.00 per unit
Commercial/Office/Retail $187.00 per 1,000 bldg. sq. ft.

Industrial $908.00 per 1,000 bldg. sq. ft.

Hotel/Motel $88.00 per room

Table II-14: Fire Facilities Fee by Land Use for Projects Submitted After April 2, 2022 (Fund 308)

Land Use Fee Amount
Single Family $648.00 per unit
Multi-Family $491.00 per unit
Commercial/Office/Retail $187.00 per 1,000 bldg. sq. ft.

Industrial $908.00 per 1,000 bldg. sq. ft.

Hotel/Motel $437.00 per room

3. Beginning and ending fund balance of account and sub-account(s).

Tables 1 and 2 in Appendix D list the beginning and ending fund balances for the Fire Facilities Fee Accounts from Fiscal Year 2018-2019 through Fiscal Year 2022- 2023.

4. Amount of the Impact Fees collected and interest earned.

Tables 1 and 2 in Appendix D show the amount of Fire Facilities Fees collected, interest earned, and miscellaneous income during Fiscal Years 2018-2019 through 2022-2023.

No projects were funded by the Fire Facilities Fees in Fiscal Year 2022-2023.

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The City has determined that no projects currently have sufficient funds to finance construction.

No transfers or loans were made from the Fire Facilities Fee Accounts in Fiscal Year 2022-2023.

8. The amount of refunds made or revenues allocated for other purposes if the administrative costs of refunding unexpended revenues exceed the amount to be refunded.

No refunds were made from the Fire Facilities Fee Accounts in Fiscal Year 2022-2023.

E. Police Facilities

1. Description of the type of Impact Fees in the account or sub-account(s) of the City.

The Police Facilities inc ludes those facilities used by the City. In order to serve new development through build out, the City identified the need for additional equipment, specifically fixed and mobile police cameras.

2. Amount of the Impact Fees.

Table II-15: Police Facilities Fee by Land Use for Projects Submitted Prior to July 16, 2018 (Fund 303)

Land Use Fee Amount
Single Family $423.00 per unit
Multi-Family $272.00 per unit
Hotel/Motel $313.00 per unit
Non-Residential $0.09 per sq. ft.

Table II-16: Police Facilities Fee by Land Use for Projects Submitted After July 16, 2018 (Fund 312)

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Land Use Fee Amount
Single Family $10.00 per unit
Multi-Family $8.00 per unit
Commercial/Office/Retail $4.00 per 1,000 bldg. sq. ft.

Industrial $16.00 per 1,000 bldg. sq. ft.

Hotel/Motel $2.00 per room

Table II-17: Police Facilities Fee by Land Use for Projects Submitted After April 2, 2022 (Fund 312)

Land Use Fee Amount
Single Family $10.00 per unit
Multi-Family $8.00 per unit
Commercial/Office/Retail $4.00 per 1,000 bldg. sq. ft.

Industrial $16.00 per 1,000 bldg. sq. ft.

Hotel/Motel $8.00 per room

3. Beginning and ending fund balance of account and sub-account(s).

Tables 1 and 2 in Appendix E list the beginning and ending fund balances for the Police Facilities Fee Accoun ts from Fiscal Year 201 8-2019 through Fiscal Year 2022-2023.

4. Amount of the Impact Fees collected and interest earned.

Tables 1 and 2 in Appendix E show the amount of Policies Facilities Fees collected, interest earned, and miscellaneous income during Fiscal Years 2018-2019 through 2022-2023.

Table II-18: Fiscal Year 2022-2023 Police Facilities Fee Expenditures
Project Amount
Percentage of
Project Funded
by Fees

Mobile License Plate Reader (LPR) 4-
camera System for one mobile Unit $7,969 24%
Total $7,969 24%

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incomplete.

The City has determined that no projects currently have sufficient funds to finance construction.

No transfers or loans were made from the Police Facilities Fee Accounts in Fiscal Years 2022-2023.

8. The amount of refunds made or revenues allocated for other purposes if the administrative costs of refunding unexpended revenues exceed the amount to be refunded.

No refunds were made from the Police Facilities Fee Accounts in Fiscal Years 2022-2023.

F. Public and City Hall Facilities

1. Description of the type of Impact Fees in the account or sub-account(s) of the City.

The Public and City Hall Facilities includes those facilities used by the City to provide a range of administrative duties and public services, exclusive of public safety.

2. Amount of the Impact Fees.

Table II-19: Public Facilities Fee by Land Use for Projects Submitted Prior to July 16, 2018 (Fund 304)

Land Use Fee Amount
Single Family $1,109.00 per unit
Multi-Family $710.00 per unit
Hotel/Motel $810.00 per unit
Non-Residential $0.24 per sq. ft.

Table II-20: City Hall Facilities Fee by Land Use for Projects Submitted After July 16, 2018 (Fund 309)

Land Use Fee Amount
Single Family $530.00 per unit
Multi-Family $424.00 per unit
Commercial/Office/Retail $194.00 per 1,000 bldg. sq. ft.

Industrial $837.00 per 1,000 bldg. sq. ft.

Hotel/Motel $81.00 per room

Table II-21: City Hall Facilities Fee by Land Use for Projects Submitted After April 2, 2022 (Fund 309)

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Land Use Fee Amount
Single Family $546.00 per unit
Multi-Family $424.00 per unit
Commercial/Office/Retail $194.00 per 1,000 bldg. sq. ft.

Industrial $856.00 per 1,000 bldg. sq. ft.

Hotel/Motel $412.00 per room

3. Beginning and ending fund balance of account and sub-account(s).

Tables 1 and 2 in Appendix F list the beginning and ending fund balances for the Public and City Hall Facilities Fee Accounts from Fiscal Year 201 8-2019 through Fiscal Year 2022-2023.

4. Amount of the Impact Fees collected and interest earned.

Tables 1 and 2 in Appendix F show the amount of Public and City Hall Facilities Fees collected, interest earned, and miscellaneous income during Fis cal Years 2018-2019 through 2022-2023.

Table II-22: Fiscal Year 2022-2023 Public and City Hall Facilities Fee Expenditures

Project

Amount
Percentage of
Project Funded
by Fees
General Fund Loan Interest Payments 1 $97,135 100%
Total $97,135 N/A
Note:

1. In October 2013, the Hesperia Joint Public Finance Authority issued the 2013 Refunding Lease Revenue Bonds to refinance the previous 2005 Civic Plaza Certificates of Participation. As with the prior 2005 Certificates of Participation, Impact Fees would continue to fund 87.25% of t he annual debt service, with the General Fund contributing the remaining 12.75%. The bonds interest rates are fixed, ranging from 2.00% to 5.00%. The original principal amount was $12,445,000. As of June 30, 2023, the outstanding principal balance was $9,610,000. Beginning in Fiscal Year 2014-2015, Impact Fees were insufficient to fully fund the 87.25% contribution. As a result, a loan from the General Fund was issued so that the required contribution for the annual bond debt service payment could be made. The loan amount will increase annually until Impact Fees are sufficient to make the full 87.25% contribution and includes interest calculated at the Local Agency Investment Fund (LAIF) rate. During FY 2022-23, the General Fund Loan to City Hall Facilities DIF as of June 30, 2023 remains at $4,173,324.

The City has determined that no projects currently have sufficient funds to finance construction.

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7. Description of e ach interfund transfer or loan made from the account or sub- account(s), including project(s) of the City on which the transferred or loaned Impact Fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of Interest that the account or sub-account(s) will receive on the loan.

Table II -23: Fiscal Year 2022- 2023 Public and City Hall Facilities Interfund Transfers
Description of Project for
which Interfund Transfer will
be Used
Funds(s) from
Which Fees were
Transferred
Fund(s) to
Which Fees
were
Transferred
Total Amount
Transferred
2013 Bonds Debt Service
Payments
Fund 309 Fund 403 $768,803
2013 Bonds Debt Service
Payments 1
Fund 304 Fund 309 $16,715
Total N/A N/A $785,518
Note:

1. Residual Impact Fee funds of $16,715 received in Fund 304 were transferred to Fund 309 in order to close Fund 304. These transferred funds were moved to aid Fund 309 in making the 2013 Bonds Debt Service annual payment. In order to make the debt service payment on the 2013 Bonds, $768,803 was transferred to the Debt Service Fund 403.

No loans were made from the Public and City Hall Facilities Fee Accounts in Fiscal Year 2022-2023.

The amount of refunds made or revenues allocated for other purposes if the administrative costs of refunding unexpended revenues exceed the amount to be refunded.

No refunds were made from the Public and City Hall Facilities Fee Accounts in Fiscal Year 2022-2023.

G. Animal Control Facilities

1. Description of the type of Impact Fees in the account or sub-account(s) of the City.

The Animal Control Facilities includes those facilities used by the City to provide basic animal control services. In order to serve new development through build out in Hesperia, the City identified the need for a new animal control facility.

2. Amount of the Impact Fees.

Table II-24: Animal Control Facilities Fee by Land Use Submitted Prior to April 2, 2022 (Fund 310)

Land Use Fee Amount
Single Family $223.00 per unit
Multi-Family $176.00 per unit
Commercial/Office/Retail $0.00 per 1,000 bldg. sq. ft.

Industrial $0.00 per 1,000 bldg. sq. ft.

Hotel/Motel $0.00 per room

Page 43 ends

Table II-25: Animal Control Facilities Fee by Land Use Submitted After April 2, 2022 (Fund 310)

Land Use Fee Amount
Single Family $227.00 per unit
Multi-Family $176.00 per unit
Commercial/Office/Retail $0.00 per 1,000 bldg. sq. ft.

Industrial $0.00 per 1,000 bldg. sq. ft.

Hotel/Motel $0.00 per room

3. Beginning and ending fund balance of account and sub-account(s).

Table 1 in Appendix G lists the beginning and ending fund balances for the Animal Control Facilities Fee Account from Fiscal Year 201 8-2019 through Fiscal Year 2022-2023.

4. Amount of the Impact Fees collected and interest earned.

Table 1 in Appendix G shows the amount of Animal Control Facilities Fees collected, interest earned, and miscellaneous income during Fiscal Years 201 8-2019 through 2022-2023.

No projects were funded by the Animal Control Facilities Fees in Fiscal Year 2022-2023.

The City has determined that no projects currently have sufficient funds to finance construction.

No transfers or loans were made from the Animal Control Facilities Fee Account in Fiscal Year 2022-2023.

8. The amount of refunds made or revenues allocated for other purposes if the administrative costs of refunding unexpended revenues exceed the amount to be refunded.

No refunds were made from the Animal Control Facilities Fee Account in Fiscal Year 2022-2023.

Page 44 ends

H. Records Storage Facilities

1. Description of the type of Impact Fees in the account or sub-account(s) of the City.

The Records Storage Facilities includes those facilities used by the City to provide additional storage services. In order to serve new development through build out in Hesperia, the City identified the need for a new records storage facility.

2. Amount of the Impact Fees.

Table II-26: Records Storage Facilities Fee by Land Use Submitted Prior to April 2, 2022 (Fund 311)

Land Use Fee Amount
Single Family $26.00 per unit
Multi-Family $20.00 per unit
Commercial/Office/Retail $9.00 per 1,000 bldg. sq. ft.

Industrial $41.00 per 1,000 bldg. sq. ft.

Hotel/Motel $4.00 per room

Table II-27: Records Storage Facilities Fee by Land Use Submitted After April 2, 2022 (Fund 311)

Land Use Fee Amount
Single Family $26.00 per unit
Multi-Family $20.00 per unit
Commercial/Office/Retail $9.00 per 1,000 bldg. sq. ft.

Industrial $41.00 per 1,000 bldg. sq. ft.

Hotel/Motel $20.00 per room

3. Beginning and ending fund balance of account and sub-account(s).

Table 1 in Appendix H lists the beginning and ending fund balances for the Records Storage Facilities Fee Account from Fiscal Year 2018-2019 through Fiscal Year 2022-2023.

4. Amount of the Impact Fees collected and interest earned.

Table 1 in Appendix H shows the amount of Records Storage Facilities Fees collected, interest earned, and miscellaneous income during Fiscal Years 2018-2019 through 2022-2023.

No projects were funded by the Records Storage Facilities Fees in Fiscal Year

Page 45 ends

2022-2023.

The City has determined that no projects currently have sufficient funds to finance construction.

No transfers or loans were made from the Records Storage Facilities Fee Account in Fiscal Year 2022-2023.

8. The amount of refunds made or revenues allocated for other purposes if the administrative costs of refunding unexpended revenues exceed the amount to be refunded.

No refunds were made from the Records Storage Facilities Fee Account in Fiscal Year 2022-2023.

Page 46 ends

APPENDIX A
City of Hesperia
Government Code Sections 66001 and 66006 Annual Report
Fiscal Year 2022-2023

TRANSPORTATION

FACILITIES FEE

FINANCIAL SUMMARY
REPORT

Page 47 ends

APPENDIX A
GOVERNMENT CODE SECTION 66006

ANNUAL REPORT
FISCAL YEAR 2022-2023

TRANSPORTATION FACILITIES

LAST FIVE FISCAL YEARS
Table 1: Transportation Facilities Transaction Detail (Fund 300)

[2]
[1]

[2]

[1] Includes the return of the Army Corps of Engineers habitat deposit related to the completion of the Ranchero Road Interchange project. [2] The City sold two parcels of land for $7,144,000 and established an agreement with the buyer to retain $2,644,000 in escrow until the completion of the City’s Sewer Lift Station Project. Once the project is completed, the funds will be remitted to City.

Table 2: Transportation Facilities Transaction Detail (Fund 306)

Page A-1

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) $0 $790,110 $4,092,581 $6,622,490 $8,381,128 $0 Sources of Funds
Fee Revenues $783,151 $3,264,329 $2,504,287 $5,066,812 $8,834,355 $20,452,934 Interest Income $6,959 $38,142 $25,622 ($81,642) $177,282 $166,363 Other Income $0 $0 $0 $0 $0 $0
Total Sources of Funds $790,110 $3,302,471 $2,529,909 $4,985,170 $9,011,637 $20,619,297 Uses of Funds
Capital Improvement Projects $0 $0 $0 (1,309,578) (4,337,551) (5,647,129) Street Maintenance $0 $0 $0 $0 $0 -
Loan Interest Expense $0 $0 $0 (40,714) (248,901) (289,615) Loan Principal Payment $0 $0 $0 (1,876,240) (6,020,328) (7,896,568) Refund of Fees $0 $0 $0 $0 $0 $0
Total Uses of Funds $0 $0 $0 (3,226,532) (10,606,780) (13,833,312) Ending Balance (6/30) $790,110 $4,092,581 $6,622,490 $8,381,128 $6,785,985 $6,785,985

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) $12,472,017 $12,288,836 $10, 710,591 $8,212,475 $8,195,238 $12,472,017 Sources of Funds
Fee Revenues $2,052,777 $379,945 $212,399 $12,885 $146,971 $2,804,977 Interest Income $118,684 $75,413 $12,119 ($9,413) $20,633 $217,436 Proceeds from Land Sale $0 $0 $0 $0 $4,484,430 $4,484,430 Other Income $0 $350,000 $0 $3,367 $401 $353,768
Total Sources of Funds $2,171,461 $805,358 $224,518 $6,839 $4,652,435 $7,860,611 Uses of Funds
Capital Improvement Projects (47,695) (91,119) (659,896) (24,076) (41,535) (864,321) Loan Interest Expense (430,707) (416,244) (186,498) $0 $0 (1,033,449) Loan Principal Payment (1,876,240) (1,876,240) (1,876,240) $0 ($5,237,114) (10,865,834) Property Disposition Cost $0 $0 $0 $0 ($7,144,916) (7,144,916) Refund of Fees $0 $0 $0 $0 $0 $0
Total Uses of Funds (2,354,642) (2,383,603) (2,722,634) (24,076) (12,423,565) (19,908,520) Ending Balance (6/30) $12,288,836 $10,710,591 $8,212,475 $8,195,238 $424,108 $424,108

Page 48 ends

APPENDIX B
City of Hesperia
Government Code Sections 66001 and 66006 Annual Report
Fiscal Year 2022-2023

CITYWIDE DRAINAGE

FACILITIES FEE

FINANCIAL SUMMARY
REPORT

Page 49 ends

APPENDIX B
GOVERNMENT CODE SECTION 66006

ANNUAL REPORT
FISCAL YEAR 2022-2023

CITYWIDE DRAINAGE FACILITIES

LAST FIVE FISCAL YEARS
Table 1: Citywide Drainage Facilities Transaction Detail (Fund 301)

[1]

[1] Includes a $18,115 reimbursement from a developer for Southern California Edison license fees paid by the City and $183 in property tax refunds for land purchases.

Table 2: Citywide Drainage Facilities Transaction Detail (Fund 307)

Page B-1

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) $0 $76,152 $337,065 $555,240 $1,484,416 $0 Sources of Funds
Fee Revenues $75,481 $257,608 $216,074 $943,081 $1,040,955 $2,533,199 Interest Income $671 $3,305 $2,101 ($13,905) $23,841 $16,013 Other Income $0 $0 $0 $0 $0 $0
Total Sources of Funds $76,152 $260,913 $218,175 $929,176 $1,064,796 $2,549,212 Uses of Funds
Capital Improvement Projects $0 $0 $0 $0 $0 $0
Refund of Fees $0 $0 $0 $0 $0 $0
Total Uses of Funds $0 $0 $0 $0 $0 $0
Ending Balance (6/30) $76,152 $337,065 $555,240 $1,484,416 $2,549,212 $2,549,212

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) $2,927,323 $3,185,411 $3,058,712 $3,047,930 $3,054,478 $2,927,323 Sources of Funds
Fee Revenues $272,358 $48,619 $29,708 $1,702 $19,411 $371,798 Interest Income $66,279 $55,206 $14,649 ($26,709) $58,851 $168,276 Other Income $18 $0 $18,280 $31,555 $0 $49,853
Total Sources of Funds $338,655 $103,825 $62,637 $6,548 $78,262 $589,927 Uses of Funds
Capital Improvement Projects (80,567) (230,524) (73,419) $0 $0 (384,510) Capital Outlay $0 $0 $0 $0 $0 $0
Contract Services $0 $0 $0 $0 $0 $0
Refund of Fees $0 $0 $0 $0 $0 $0
Total Uses of Funds (80,567) (230,524) (73,419) - - (384,510) Ending Balance (6/30) $3,185,411 $3,058,712 $3,047,930 $3,054,478 $3,132,740 $3,132,740

Page 50 ends

APPENDIX C
City of Hesperia
Government Code Sections 66001 and 66006 Annual Report
Fiscal Year 2022-2023

A-04 DRAINAGE

FACILITIES FEE

FINANCIAL SUMMARY
REPORT

Page 51 ends

APPENDIX C
GOVERNMENT CODE SECTION 66006

ANNUAL REPORT
FISCAL YEAR 2022-2023
A-04 DRAINAGE FACILITIES

LAST FIVE FISCAL YEARS
Table 1: A-04 Drainage Facilities Transaction Detail (Fund 313)

[1]

[1] A developer with plans to build residential properties within the City secured a tax -exempt bond through a Statewide Community Infrastructure Program (SCIP) in which the developer and City both participated, but for which the City has no repayment obligation in any form. The bonds were issued to finance development impact fees due from the developer of the project to the City. A s a result of the bond issue which closed during Fiscal Year 2021-2022, $959,049 in development impact fees received during Fiscal Year 2020- 2021 were subsequently required to be transferred to the bond trustee in Fiscal Year 2021- 2022; therefore, deferred revenue was recorded as of 6/30/2021. Draws against bond proceeds will begin as progress is made on capital improvements within the A -04 drainage area.

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) $0 $0 $0 $948,688 $57,926 $0
Sources of Funds
Fee Revenues $0 $0 $0 $73,780 $769,356 $843,136
Interest Income $0 $0 $1,076 ($78) $2,557 $3,555
Other Income $0 $0 $959,049 $0 $0 $959,049
Total Sources of Funds $0 $0 $960,125 $73,702 $771,913 $1,805,740 Uses of Funds
Capital Improvement Projects $0 $0 ($11,437) ($5,415) ($6,270) ($23,122) Capital Outlay-Land $0 $0 $0 $0 $0 $0
Other Uses of Funds $0 $0 $0 ($959,049) $0 ($959,049)
Refund of Fees $0 $0 $0 $0 $0 $0
Total Uses of Funds $0 $0 ($11,437) ($964,464) ($6,270) ($982,171) Ending Balance (6/30) $0 $0 $948,688 $57,926 $823,569 $823,569

Page 52 ends

APPENDIX D
City of Hesperia
Government Code Sections 66001 and 66006 Annual Report
Fiscal Year 2022-2023

FIRE FACILITIES FEE

FINANCIAL SUMMARY
REPORT

Page 53 ends

APPENDIX D
GOVERNMENT CODE SECTION 66006

ANNUAL REPORT
FISCAL YEAR 2022-2023

FIRE FACILITIES

LAST FIVE FISCAL YEARS
Table 1: Fire Facilities Transaction Detail (Fund 302)

Table 2: Fire Facilities Transaction Detail (Fund 308)

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) $1,152,851 $1,349,407 $1, 406,317 $1,439,518 $1,428,613 $1,152,851 Sources of Funds
Fee Revenues $169,543 $32,588 $26,438 $1,884 $21,491 $251,944 Interest Income $27,013 $24,322 $6,763 ($12,789) $27,962 $73,271 Other Income $0 $0 $0 $0 $0 $0
Total Sources of Funds $196,556 $56,910 $33,201 ($10,905) $49,453 $325,215 Uses of Funds
Capital Improvement Projects $0 $0 $0 $0 $0 $0
Refund of Fees $0 $0 $0 $0 $0 $0
Total Uses of Funds $0 $0 $0 $0 $0 $0
Ending Balance (6/30) $1,349,407 $1,406,317 $1,439,518 $1,428,613 $1,478,066 $1,478,066

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) $0 $51,488 $263,389 $424,930 $1,598,824 $0 Sources of Funds
Fee Revenues $51,035 $209,576 $159,891 $1,189,117 $1,297,667 $2,907,286 Interest Income $453 $2,325 $1,650 ($15,223) $23,820 $13,025 Other Income $0 $0 $0 $0 $0 $0
Total Sources of Funds $51,488 $211,901 $161,541 $1,173,894 $1,321,487 $2,920,311 Uses of Funds
Capital Improvement Projects $0 $0 $0 $0 $0 $0
Refund of Fees $0 $0 $0 $0 $0 $0
Total Uses of Funds $0 $0 $0 $0 $0 $0
Ending Balance (6/30) $51,488 $263,389 $424,930 $1,598,824 $2,920,311 $2,920,311

Page 54 ends

APPENDIX E
City of Hesperia
Government Code Sections 66001 and 66006 Annual Report
Fiscal Year 2022-2023

POLICE FACILITIES FEE

FINANCIAL SUMMARY
REPORT

Page 55 ends

APPENDIX E
GOVERNMENT CODE SECTION 66006

ANNUAL REPORT
FISCAL YEAR 2022-2023

POLICE FACILITIES

LAST FIVE FISCAL YEAR
Table 1: Police Facilities Transaction Detail (Fund 303)

Table 2: Police Facilities Transaction Detail (Fund 312)

Page E-1

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) $349,539 $408,017 $21,082 $23,062 $286 $349, 539 Sources of Funds
Fee Revenues $50,304 $9,657 $8,017 $546 $6,239 $74,763
Interest Income $8,174 $1,808 $91 $8 $29 $10,110
Other Income $0 $0 $0 $0 $0 $0
Total Sources of Funds $58,478 $11,465 $8,108 $554 $6,269 $84,874 Uses of Funds
Capital Improvement Projects $0 $0 $0 $0 $0 $0
Capital Outlay-Equipment $0 $0 ($6,128) ($23,330) $0 ($29,458) Materials & Operations $0 ($398,400) $0 $0 $0 ($398,400) Refund of Fees $0 $0 $0 $0 $0 $0
Total Uses of Funds $0 ($398,400) ($6,128) ($23,330) $0 ($427,858) Ending Balance (6/30) $408,017 $21,082 $23,062 $286 $6,554 $6,554

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) $0 $795 $4,316 $6,874 $20,341 $0 Sources of Funds
Fee Revenues $788 $3,483 $2,531 $20,551 $22,523 $49,876 Interest Income $7 $38 $27 ($196) $261 $137
Other Income $0 $0 $0 $0 $0 $0
Total Sources of Funds $795 $3,521 $2,558 $20,355 $22,784 $50,013 Uses of Funds
Capital Improvement Projects $0 $0 $0 $0 $0 $0
Capital Outlay-Equipment $0 $0 $0 ($6,888) ($7,969) ($14,857) Refund of Fees $0 $0 $0 $0 $0 $0
Operating Transfers Out $0 $0 $0 $0 $0 $0
Total Uses of Funds $0 $0 $0 ($6,888) ($7,969) ($14,857) Ending Balance (6/30) $795 $4,316 $6,874 $20,341 $35,156 $35,156

Page 56 ends

APPENDIX F
City of Hesperia
Government Code Sections 66001 and 66006 Annual Report
Fiscal Year 2022-2023

PUBLIC AND CITY HALL

FACILITIES FEE

FINANCIAL SUMMARY
REPORT

Page 57 ends

APPENDIX F
GOVERNMENT CODE SECTION 66006

ANNUAL REPORT
FISCAL YEAR 2022-2023

PUBLIC AND CITY HALL FACILITIES

LAST FIVE FISCAL YEARS
Table 1: Public Facilities Transaction Detail (Fund 304)

[1] Beginning in Fiscal Year 2014-2015, Impact Fees were insufficient to fully fund the 87.25% contribution. As a result, a loan from the General Fund was issued so that the required contribution for the annual bond debt service payment could be made. The amount shown above includes $3,304,783 in funds transferred from Fund 309 to Fund 304. This was done in order to move the City's General Fund loan debt accumulated under Fund 304 to Fund 309 so that Fund 304 can be closed.
[2] Includes $1,405,058 in annual debt service payments on the bonds transferred to Fund 403. A total of $3,426,401 has been transferred to Fund 403 for debt service payments since Fiscal Year 2015-2016. Fund 403 is a City non-Impact Fee fund used to pay annual debt service on the 2013 Refunding Lease Revenue Bonds.

Table 2: City Hall Facilities Transaction Detail (Fund 309)

[1] Includes $2,236,723 in annual debt service payments on the bonds transferred to Fund 403 and $3,304,783 in funds transferred to Fund 304. [2] Reflects General Fund loan debt accumulated in order to cover the shortfall in the required 87.25% contribution from Impact Fees. The General Fund loan amount will increase annually until Impact Fees are sufficient to make the full 87.25% contribution.

[1]

[2]

[1]

[2]
Page F-1

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) ($1,985,395) ($2,564,368) ($3,328,253) $0 $2 ($1,985,395) Sources of Funds
Fee Revenues $133,800 $25,334 $23,470 $1,459 $16,638 $200,701 Interest Income $22 $134 $0 $4 $75 $235
Other Income $0 $0 $3,304,783 $0 $0 $3,304,783
Total Sources of Funds $133,822 $25,468 $3,328,253 $1,463 $16,713 $3,505,719 Uses of Funds
Capital Improvement Projects $0 $0 $0 $0 $0 $0
Interest Expense ($55,977) ($59,289) $0 $0 $0 ($115,266) Operating Transfers Out-Debt Service ($656,818) ($730,064) $0 ($1,461) ($16,715) ($1,405,058) Refund of Fees $0 $0 $0 $0 $0 $0
Total Uses of Funds ($712,795) ($789,353) $0 ($1,461) ($16,715) ($1,520,324) Ending Balance (6/30) ($2,564,368) ($3,328,253) $0 $2 $0 $0

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) $0 $42,135 $225,952 ($3,674,754) ($3,379,499) $0 Sources of Funds
Fee Revenues $41,764 $181,847 $133,575 $1,077,215 $1,181,031 $2,615,432 Interest Income $371 $1,970 $1,191 ($10,130) $12,292 $5,694 Other Income $0 $0 $0 $0 $0 $0
Transfers In $0 $0 $0 $1,461 $16,715 $18,176
Loan from General Fund $0 $0 $0 $0 $0 $0
Total Sources of Funds $42,135 $183,817 $134,766 $1,068,546 $1,210,038 $2,639,302 Uses of Funds
Capital Improvement Projects $0 $0 $0 $0 $0 $0
Interest Expense $0 $0 ($19,270) ($16,790) ($97,135) ($133,195) Operating Transfers Out-Debt Service $0 $0 ($4,016,202) ($756,501) ($768,803) ($5,541,506) Refund of Fees $0 $0 $0 $0 $0 $0
Total Uses of Funds $0 $0 ($4,035,472) ($773,291) ($865,938) ($5,674,701) Ending Balance (6/30) $42,135 $225,952 ($3,674,754) ($3,379,499) ($3,035,399) ($3,035,399)

Page 58 ends

APPENDIX G
City of Hesperia
Government Code Sections 66001 and 66006 Annual Report
Fiscal Year 2022-2023

ANIMAL CONTROL

FACILITIES FEE

FINANCIAL SUMMARY
REPORT

Page 59 ends

APPENDIX G
GOVERNMENT CODE SECTION 66006

ANNUAL REPORT
FISCAL YEAR 2022-2023

ANIMAL CONTROL FACILITIES

LAST FIVE FISCAL YEAR

Table 1: Animal Control Facilities Transaction Detail (Fund 310)

Page G-1

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) $0 $17,726 $74,663 $128,288 $205,553 $0 Sources of Funds
Fee Revenues $17,570 $56,249 $52,977 $79,120 $63,386 $269,302 Interest Income $156 $688 $648 ($1,855) $4,071 $3,708
Other Income $0 $0 $0 $0 $0 $0
Total Sources of Funds $17,726 $56,937 $53,625 $77,265 $67,457 $273,010 Uses of Funds
Capital Improvement Projects $0 $0 $0 $0 $0 $0
Refund of Fees $0 $0 $0 $0 $0 $0
Total Uses of Funds $0 $0 $0 $0 $0 $0
Ending Balance (6/30) $17,726 $74,663 $128,288 $205,553 $273,010 $273,010

Page 60 ends

APPENDIX H
City of Hesperia
Government Code Sections 66001 and 66006 Annual Report
Fiscal Year 2022-2023

RECORDS STORAGE

FACILITIES FEE

FINANCIAL SUMMARY
REPORT

Page 61 ends

APPENDIX H
GOVERNMENT CODE SECTION 66006

ANNUAL REPORT
FISCAL YEARS 2018-2019 THROUGH 2022-2023

RECORDS STORAGE FACILITIES

Table 1: Records Storage Facilities Transaction Detail (Fund 311)

Page H-1

FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR FISCAL YEAR DESCRIPTION 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 TOTAL Beginning Balance (7/1) $0 $2,066 $10,923 $17,479 $69,436 $0 Sources of Funds
Fee Revenues $2,048 $8,761 $6,487 $52,621 $57,721 $127,638 Interest Income $18 $96 $69 ($664) $1,022 $541
Other Income $0 $0 $0 $0 $0 $0
Total Sources of Funds $2,066 $8,857 $6,556 $51,957 $58,743 $128,179 Uses of Funds
Capital Improvement Projects $0 $0 $0 $0 $0 $0
Refund of Fees $0 $0 $0 $0 $0 $0
Total Uses of Funds $0 $0 $0 $0 $0 $0
Ending Balance (6/30) $2,066 $10,923 $17,479 $69,436 $128,179 $128,179

Page 62 ends

Page 63 ends

THIS PAGE LEFT INTENTIONALLY BLANK

Page 64 ends

City of Hesperia

STAFF REPORT

DATE: January 16, 2024
TO: Mayor and Council Members

FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Michael Assumma, Information Systems Manager

SUBJECT: New Agreement with LANAIR for Nutanix Licensing

RECOMMENDED ACTION

It is recommended that the City Council authorize the City Manager to enter into a three -year agreement with LANAIR Technology Group Inc. for a not-to-exceed contract amount of $109,421 for cyber and system security and data protection software licensing and support.

BACKGROUND

As of 2020, the City’s Information Technology Division has converted all physical application host servers to virtual machines, a move which has significantly reduced the inherent hardware and upkeep costs incurred by operating an on -premise server farm. Ultimately, this strategy has allowed the consolidation of many separate servers onto a single Nutanix virtualization platform.

At the same time that the City purchased this single piece of hardware, the City also entered into an agreement with LAINAIR Technology Group for Nutanix’ Acropolis software, which facilitates server virtualizatio n, and the orchestration of hosted virtual machines. The agreement with LANAIR for this software covered a three-year term, which expired at the end of the 2023 calendar year. As such, a new agreement for Nutanix Acropolis software and support is necessary.

ISSUES/ANALYSIS

A new agreement with LANAIR for Nutanix Acropolis would include requisite licensing for the use of the software, as well as support from Nutanix in the event of any technical issues, plus access to feature and security updates necessary for the uninterrupted operation of the City’s critical business information systems. As LANAIR Group is the incumbent holder of our agreement for the Acropolis software, Nutanix offers them the lowest available pricing for these services, which is in turn passed on to the City. Without a renewal of this agreement, the City’s data and line-of- business applications would be more vulnerable to interruption by way of technical error or cyber attack. As such, securing a new three-year agreement for these services is highly recommended.

FISCAL IMPACT

Funding for this agreement was approved during the Fiscal Year 2023 -24 First Quarter Budget Review.

Page 65 ends

Page 2 of 2 ends

Staff Report to the City Council
Renewal of Agreement with LANAIR for Nutanix Licensing
January 16, 2024

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

None

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City of Hesperia

STAFF REPORT

DATE: January 16, 2024
TO: Mayor and Council Members

FROM: Rachel Molina, City Manager
BY: Mark Faherty, Director of Public Works – Part-Time Retired Annuitant Robert Worby, Fleet/Warehouse Supervisor

SUBJECT: Pacific Products & Services, LLC Contract Amendment

RECOMMENDED ACTION

It is recommended that the City Council authorize the City Manager to amend the existing agreement with Pacific Products & Services. LLC in the amount of $30,000 for a total not -to- exceed contract amount of $250,000 for the purchase of traffic signs and sign materials.

BACKGROUND

The Public Works Traffic Program is responsible for the installation and maintenance of roadway pavement markers and traffic signs throughout the City of Hesperia. Traffic signs are vital to regulate, warn, and guide motorists and pedestrians in and around the public right -of-way. All City traffic signs are maintained to State and Federal standards based on the California Manual on Uniform Traffic Control Devises (CA MUTCD).

ISSUES/ANALYSIS

Additional contract authority with Pacific Products & Services, LLC is requested in order to continue purchasing traffic signs and sign materials for new locations along with replacing those destroyed by vehicle impact, vandalism, and theft. City staff has been satisfied with the vendor’s work under the existing contract as they have demonstrated the ability to deliver a quality product at competitive prices within the desired delivery timeframe.

FISCAL IMPACT

Sufficient funding is included in the Fiscal Year 2023-24 Operating Budget.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

None

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City of Hesperia

STAFF REPORT

DATE: January 16, 2024
TO: Mayor and City Council Members
Chair and Board Members, Hesperia Water District

FROM: Rachel Molina, City Manager
BY: Mark Faherty, Director of Public Works – Part-Time Retired Annuitant Robert Worby, Fleet/Warehouse Supervisor

SUBJECT: G & M Automotive Center, Inc. Contract Amendment

RECOMMENDED ACTION

It is re commended that the City Council and Board of Directors of the Hesperia Water District authorize the City Manager to amend the current contract with G & M Automotive Center, Inc. in the amount of $ 75,000 for a new not -to-exceed contract amount of $5 75,000 for vehicle maintenance and repairs.

BACKGROUND

Preventative and corrective maintenance is required for the City of Hesperia and Hesperia Water District’s seventy-eight (78) light-duty vehicles, and thirty-five (35) super-duty and heavier on-road vehicles and equipment. Preventative maintenance improves fleet productivity, manages vehicle wear, and ultimately reduces repair costs.

ISSUES/ANALYSIS

Public Works requested bids for Fiscal Year (FY) 2022-23 from local vendors located in the High Desert that could provide maintenance serv ices. To include as many potential bidders as possible, the vehicle fleet ’s three categories were solicited on three separate requests for bids (RFB’s). G & M Automotive Center , Inc., located in Hesperia , was deemed the lowest responsible/responsive bidder in each bid.

FISCAL IMPACT

Sufficient funding has been included in the FY 2023-24 Budget.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

None

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City of Hesperia

STAFF REPORT

DATE: January 16, 2024
TO: Mayor and City Council Members
Chair and Board Members, Hesperia Water District

FROM: Rachel Molina, City Manager
BY: Mark Faherty, Director of Public Works – Part-Time Retired Annuitant Robert Worby, Fleet/Warehouse Supervisor

SUBJECT: Equipment Procurement – Case Skip Loader

RECOMMENDED ACTION

It is re commended that the City Council and Board of Directors of the Hesperia Water District authorize a City Council Bidding Override exemption for the purchase of one Case skip loader, by authorizing the City Manager to enter an agreement with Sonsray Machinery, LLC in the not- to-exceed amount of $130,000.

BACKGROUND

The new skip loader will provide staff with the means for repairing City streets impacted by service line replacements. It will also allow for other uses to include excavation, compaction, loading debris, clearing mud and sand from roads, and shoulder maintenance. The new skip loader includes a tier 4 final engine that will allow the City to remain in compliance with the California Air Resources Board (CARB) during future years.

ISSUES/ANALYSIS

On November 10, 2023, Public Works requested a quote for one Case skip loader. Case is the sole manufacturer that is compatible with various attachments used to provide City services including buckets, brooms, grapples, rippers, rakes, and couplers. Using a different manufacturer other than Case would create compatibility issues and require retrofit hardware. Finally, the skip loader is available now for delivery. Other skip loader manufacturers could take up to six months or more to build.

FISCAL IMPACT

Funding for the equipment is included in the Amended FY 2023-24 Streets Maintenance and Water Operating Budget.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

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Staff Report to the City Council and Board of Directors of the Hesperia Water District Equipment Procurement – Case Skip Loader
January 16, 2024

None

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City of Hesperia

STAFF REPORT

DATE: January 16, 2024
TO: Mayor and Council Members
Chair and Board Members, Hesperia Water District

FROM: Rachel Molina, City Manager
BY: Mark Faherty, Director of Public Works – Part-Time Retired Annuitant Brian Blackwell, Streets Operations Manager
Marc Morales, Management Analyst

SUBJECT: Fire Riser Inspection and Repair Services 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 of $24,500 to the existing contract with Champion Fire Systems, Inc. for a total revised not-to-exceed contract amount of $74,500 for fire riser inspection and repair services.

BACKGROUND

The City contracts for annual inspections and repair services on the fire suppression system at City and Water District facilities to ensure the fire system s are in optimal condition and in compliance with the State of California requirements. In August 2021, the C ity conducted a request for bid for annual fire riser inspections and repair services and Champion Fire Systems, Inc. was deemed the lowest responsible/responsive bidder.

ISSUES/ANALYSIS

The current contract with Champion Fire Systems, Inc. is for a not-to-exceed amount of $50,000 and expires June 30, 2024. Recently, the Hesperia Branch Library’s fire system experienced an air compressor failure causing water to fill the dry pipe system . The air compressor has been replaced to have the fire system active in the event of a fire emergency, which utilized $6,945 of contract contingency. In addition, the water also needs to be drained from the entire system to avoid corrosion in the pipes, which will be an additional $19,520. Based on the annual inspection schedule, actual expenditures to date, and remaining contract contingency, staff estimates an additional $24,500 for the new not-to-exceed contract amount of $74,500 will be sufficient for the remainder of the contract term.

FISCAL IMPACT

Sufficient funding exists within the Fiscal Year 2023-24 Budget.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT

None

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City of Hesperia

STAFF REPORT

DATE: January 16, 2024
TO: Mayor and City Council Members

FROM: Rachel Molina, City Manager
BY: Melinda Sayre, Deputy City Manager/ City Clerk
Erin Baum, Assistant City Clerk

SUBJECT: Consideration of Annual Update of the City Council Procedures Manual

RECOMMENDED ACTION

It is recommended that the City Council review and approve housekeeping updates to the City Council Procedures Manual for 2024.

BACKGROUND

The City Council Procedures Manual, first adopted in 2010 includes basic information on the City’s structure, statutory requirements , City Council Policies , and information regarding the City’s Planning Commission, Advisory Committees, and public appointments. The Procedures Manual is reviewed annually and updated as needed.

In December, the Procedures Manual was distributed to the City Council via interoffice memo for comments and suggestions in preparation for the 2024 update.

ISSUES/ANALYSIS

The attached draft 20 24 Procedures Manual contains suggested language additions in red font that consist of two minor housekeeping items including;

 Statistical water connection data. (Page 6)
 Cover page image change to make current version easily identifiable.

No additional comments or suggestions were received.

FISCAL IMPACT

There is no fiscal impact associated with this item at this time.

ALTERNATIVE(S)

1. Provide direction to staff.

ATTACHMENTS

1. Draft update of the 2024 City Council Procedures Manual

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City Council Procedures Manual 2024

2024
City of Hesperia
City
Council
Procedures
Manual

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City Council Procedures Manual 2024

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City Council Procedures Manual January 2024

2 TABLE OF CONTENTS

CHAPTER 1 – AUTHORITY / ADMINISTRATION..................................................................................................... ...5

A. GENERAL ADMINISTRATION ....................................................................................................................... .....5 B. AMENDMENT ............................................................................................... ...................................................5 C. SUSPENSION ............................................................................................... .....................................................5

CHAPTER 2 - GOVERNMENTAL STRUCTURE ........................................................................................................... 6

A. CITY OF HESPERIA ............................................................................................... .............................................6 B. HESPERIA WATER DISTRICT ............................................................................................................................ .6 C. HESPERIA FIRE PROTECTION DISTRICT........................................................................................................... ..6 D. SUCCESSOR AGENCY TO THE HESPERIA COMMUNITY REDEVELOPMENT AGENCY..........................................6

CHAPTER 3 - STATUTORY REQUIREMENTS/REGULATORY GUIDELINES ........................................................... ....... 8

A. THE BROWN ACT............................................................................................... ...............................................8 B. POLITICAL REFORM ACT ............................................................................................... ...................................8 C. CITY OF HESPERIA MUNICIPAL CODE .............................................................................................................. .9

CHAPTER 4 - COUNCIL ORGANIZATION AND DUTIES ............................................................................................ 11

A. NEWLY ELECTED MEMBERS .......................................................................................................................... .11 B. DUTIES OF THE CITY COUNCIL ....................................................................................................................... .11 C. DUTIES OF THE MAYOR AND MAYOR PRO TEM ............................................................................................ .11 D. MEETING ATTENDANCE BY PUBLIC OFFICIALS.............................................................................................. .12 E. USE OF PUBLIC PROPERTY ............................................................................................................................ .12 F. USE OF COUNCIL CHAMBERS ........................................................................................................................ .12

CHAPTER 5 – COMMITTEES / COMMISSIONS / ADVISORY COMMITTEES ............................................................. 13

A. APPOINTMENT TO OUTSIDE COMMITTEES ................................................................................................. ..13 B. CITY COMMISSION / ADVISORY COMMITTEE APPOINTMENTS......................................................................13

1. General ............................................................................................... ......................................................13

2. Planning Commission............................................................................................... .................................14

3. Advisory Committees ............................................................................................... .................................14

CHAPTER 6 – CONDUCT OF CITY COUNCIL, STAFF AND PUBLIC ............................................................................ 15

A. CITY COUNCIL CONDUCT ............................................................................................................................. ..15

1. General Conduct ............................................................................................... ........................................15

2. Conduct with Members............................................................................................................................ .15

3. Conduct with City Manager and Staff....................................................................................................... 16

4. Conduct with the Public ........................................................................................................................... .16

5. Conduct with Other Agencies .................................................................................................................. .17

6. Conduct with Commissions and Committees........................................................................................... .17

7. Conduct with the Media .......................................................................................................................... .17

8. Litigation and Confidential Information .................................................................................................. .17

9. Ethical Conduct ............................................................................................... ..........................................18 B. CITY STAFF ............................................................................................... ......................................................18 C. PUBLIC ............................................................................................... ............................................................19

CHAPTER 7 – CITY COUNCIL MEETINGS AND SCHEDULES ..................................................................................... .20

A. REGULAR MEETINGS............................................................................................... .......................................20 B. SPECIAL MEETINGS ............................................................................................... .........................................20 C. EMERGENCY MEETINGS ............................................................................................... .................................20 D. AGENDA PACKET PREPARATION................................................................................................................... .21 E. CLOSED SESSIONS ............................................................................................... ...........................................21

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3 F. PUBLIC HEARINGS............................................................................................... ...........................................22

1. Continuances ............................................................................................... .............................................22

CHAPTER 8 - MEETING GUIDELINES & PROCEDURES ............................................................................................ .23

A. GENERAL............................................................................................... .........................................................23 B. REQUIREMENTS FOR AGENDA ITEM SUBMISSION....................................................................................... ..23 C. DECLARATION OF POLICY ............................................................................................................................. .24 D. AGENDA FORMAT............................................................................................... ...........................................24

1. Presentations ............................................................................................... .............................................24

2. Public Comment............................................................................................... .........................................24

3. Consent Items ............................................................................................... ............................................24

4. Public Hearings ............................................................................................... ..........................................25

5. Ordinances ............................................................................................... .................................................25

6. New Business ............................................................................................... .............................................25

7. City Council Reports/Committee Reports................................................................................................ ...26

8. City Manager/City Attorney Reports ....................................................................................................... ..26

9. Closed Sessions............................................................................................... ...........................................26 E. PARLIAMENTARY PROCEDURES……………………………………………………………….…………………………..…………………..27

CHAPTER 9 – PLANNING COMMISSION ................................................................................................................ 29

A. RULES OF PROCEDURE HANDBOOK .............................................................................................................. .29 B. AMENDMENT ............................................................................................... .................................................29 C. SUSPENSION ............................................................................................... ...................................................29 D. THE BROWN ACT............................................................................................... .............................................29 E. POLITICAL REFORM ACT ............................................................................................... .................................30 F. CITY OF HESPERIA MUNICIPAL CODE ............................................................................................................ .30 G. GENERAL ADMINISTRATION ......................................................................................................................... .30 H. NEWLY APPOINTED MEMBERS ..................................................................................................................... .31 I. DUTIES OF THE PLANNING COMMISSION ..................................................................................................... .31 J. DUTIES OF THE CHAIR AND VICE CHAIR ........................................................................................................ .31 K. MEETING ATTENDANCE BY PUBLIC OFFICIALS.............................................................................................. .31 L. USE OF PUBLIC PROPERTY ............................................................................................................................ .32 M. PLANNING COMMISSION CONDUCT ............................................................................................................ .32

1. General Conduct ............................................................................................... ........................................32

2. Conduct with Members............................................................................................................................ .32

3. Conduct with Designated Staff: ............................................................................................................... .33

4. Conduct with the Public ........................................................................................................................... .33

5. Conduct with Other Agencies .................................................................................................................. .34

6. Conduct with the Media .......................................................................................................................... .34

7. Ethical Conduct ............................................................................................... ..........................................34 N. CITY STAFF ............................................................................................... ......................................................34 O. PUBLIC ............................................................................................... ............................................................35 P. REGULAR MEETINGS............................................................................................... .......................................35 Q. SPECIAL MEETINGS ............................................................................................... .........................................36 R. AGENDA PACKET PREPARATION................................................................................................................... .36 S. PUBLIC HEARINGS............................................................................................... ...........................................36

1. Continuances ............................................................................................... .............................................36 T. VOTING ............................................................................................... ...........................................................37 General .............................................................................................. ................................................................37 Conflict of Interest ..................................................................................................................................... .........37 Tie Votes ........................................................................................................................... ..................................38 U. REQUIREMENTS FOR AGENDA ITEM SUBMISSION........................................................................................ .38 V. DECLARATION OF POLICY ............................................................................................................................. .39 W. AGENDA FORMAT............................................................................................... ...........................................39

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4 1. Public Comment............................................................................................... .........................................39

2. Consent Items ............................................................................................... ............................................40

3. Public Hearings ............................................................................................... ..........................................40

4. Planning Commission Business or Reports .............................................................................................. .40

5. Principal Planner Reports ........................................................................................................................ .40 X. PARLIAMENTARY PROCEDURES…..……………………………………………………………………………………………………..…... 40

CHAPTER 10- ADVISORY COMMITTEES ................................................................................................................ 43

A. RULES OF PROCEDURE HANDBOOK …............................................................................................................ .43 B. AMENDMENT ............................................................................................... .................................................43 C. SUSPENSION ............................................................................................... ...................................................43 D. THE BROWN ACT............................................................................................... .............................................43 E. POLITICAL REFORM ACT ............................................................................................... .................................44 F. CITY OF HESPERIA MUNICIPAL CODE ............................................................................................................ .44 G. GENERAL ADMINISTRATION ......................................................................................................................... .44 H. NEWLY APPOINTED MEMBERS ..................................................................................................................... .45 I. DUTIES OF THE ADVISORY COMMITTEES...................................................................................................... .45 J. DUTIES OF THE CHAIR AND VICE CHAIR ........................................................................................................ .45 K. MEETING ATTENDANCE BY PUBLIC OFFICIALS.............................................................................................. .45 L. USE OF PUBLIC PROPERTY ............................................................................................................................ .46 M. ADVISORY COMMITTEE MEMBER CONDUCT ............................................................................................... .46

1. General Conduct ............................................................................................... ........................................46

2. Conduct with Members............................................................................................................................ .46

3. Conduct with Staff ............................................................................................... .....................................47

4. Conduct with the Public ........................................................................................................................... .47

5. Conduct with Other Agencies .................................................................................................................. .47

6. Conduct with the Media .......................................................................................................................... .48 N. CITY STAFF ............................................................................................... ......................................................48 O. PUBLIC ............................................................................................... ............................................................48 P. REGULAR MEETINGS............................................................................................... .......................................49 Q. SPECIAL MEETINGS ............................................................................................... .........................................49 R. AGENDA PACKET PREPARATION................................................................................................................... .50 S. GENERAL............................................................................................... .........................................................50 T. REQUIREMENTS FOR AGENDA ITEM SUBMISSION................................................................................... ......50 U. DECLARATION OF POLICY ............................................................................................................................. .51 V. AGENDA FORMAT............................................................................................... ...........................................51

1. Public Comment............................................................................................... .........................................51

2. Items for Consideration ........................................................................................................................... .51

3. Committee Member and Staff Comments ............................................................................................... ..51 W. PARLIAMENTARY PROCEDURES..…………………………………………………………………………………………………………… …51

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City Council Procedures Manual January 2024

5 CHAPTER 1 – AUTHORITY / ADMINISTRATION

A. GENERAL ADMINISTRATION

The City Council will review and revise the City Council, Commission, & Committee Rules of Procedure (“Policy”) annually in January.

During City Council discussions, deliberations, and proceedings, the Mayor has been designated with the primary responsibility to ensure that t he City Council, staff and members of the public adhere to the Council’s norms and procedures.

Until such time as they are amended or new rules adopted by Resolution, these rules shall prevail to govern the order and conduct of business of the City Council and other legislative bodies that meet concurrently with the City Council, as well as various City Committees, and City Council-established Boards and Commissions. Those City Council established Boards and Commissions that are required by law to adopt rules of procedure shall adopt rules that are consistent with these Rules to the extent possible.

B. AMENDMENT

Any Rules may be adopted, altered, amended, or repealed by Resolution at any time by a majority vote of the Council.

C. SUSPENSION

Any Rules may be t emporarily suspended by an affirmative vote of at least three (3) Council Members present.

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6 CHAPTER 2 - GOVERNMENTAL STRUCTURE

A. CITY OF HESPERIA

The City of Hesperia is a General Law city organized under the statutes of the State of California a nd i ncorporated July 1, 1988. The City is governed by a fi ve-member City Council elected by district to four-year overlapping terms.

Hesperia has the Council-Manager form of government and authority and responsibility for local legislative acts are vested in the Council. The City Council establishes policy; with t h e City Manager enacting those policies and also having responsibility for managing the day-to-day operations. The Mayor and Council Members are not full-time officials but devote a great amount of time preparing for and attending C ouncil, s ubcommittee, regional and intergovernmental meetings as well as community events. Responsibilities require attendance during regular business hours, evenings and weekends and Council Members must also be accessible to constituents.

B. HESPERIA WATER DISTRICT

The Hesperia Water District was originally formed on March 28, 1975 as a County Water District and was purchased from the Victor Valley County Water District. In 1988, the City of Hesperia was incorporated, and subsequently, the Hesperia Water District was reorganized as a subsidiary district of the City in 1992. The City Council serves as the Hesperia Water District Board of Directors. The District encompasses approximately

74.77 square miles and, as of December 2023, the District was providing water service to 28,038 active connections.

C. HESPERIA FIRE PROTECTION DISTRICT – Annexed to the County in 2018

The Hesperia Fire Protection District was originally formed on September 30, 1957 as a County Fire Protection District. Realizing the need for more local control, the Hesperia Fire Protection District reorganized on February 27, 1961 at which time a Board of Directors was elected. In 1975, the Emergency Medical Service program/Paramedic Ambulance service was developed. In 1988, the City of Hesperia was incorporated, and the Fire District became a subsidiary district of the City. In 2004 the City contracted with the County of San Bernardino for fire protection services. The City Council serves as the Hesperia Fire Protection District Board of Directors. On November 1, 2018, the Fire District reorganized to give management of the Fire District to the County of San Bernardino with the City Council functioning only to deal with Obligations for Administration of the CalPERS Legacy Retirement Contract.

D. SUCCESSOR AGENCY TO THE HESPERIA COMMUNITY REDEVELOPMENT AGENCY

The City serves as the Successor Agency to the Hesperia Community Redevelopment Agency which was dissolved by the State of California on February 1, 2012.

The Hesperia Community Redevelopment Agency was activated by Council action on November 17, 1988. The City Redevelopment program began with t he adoption of the first Redevelopment Plan for Project Area No. 1 in 1993. The Redevelopment Plan for Project Area No. 2 was adopted shortly after, also in 1993. Both Redevelopment Plans

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7 were amended in 1999 making Project Area No. 1 a total of 22,649 acres and Project Area No. 2 a total of 2,920 acres. Members of the City Council also served as the Hesperia Community Redevelopment Agency Board of Directors.

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8 CHAPTER 3 - STATUTORY REQUIREMENTS/REGULATORY GUIDELINES

Certain state laws and other established regulations exist which govern various responsibilities of the City Council. This manual is not intended to duplicate or repeat any existing statutes or regulations. City Council Members are responsible for becoming familiar with these statutes and regulations.

A. THE BROWN ACT

The Ralph M. Brown Act is a law, which provides that all meetings of a legislative body, whether meetings of the City Council, subsidiary districts, or its appointed commissions and committees, shall be open, and public, and all persons shall be permitted to attend.

Notices of such meetings must include a brief general description of each item of business and be posted in a location freely accessible to the members of the public 72 hours prior to the meeting. A “meeting” takes place whenever a quorum is present and subject matter related to city business is heard, discussed, or deliberated upon.

The Act makes punishable as a misdemeanor the attendance by a member of the legislative body at a meeting at which action is taken in violation of the Act. Action taken has been defined as a collective decision, commitment or promise by a majority of the members of a legislative body to make a positive or negative decision, or an actual vote by a majority of t he members w hen sitting as a body upon a motion, proposal, resolution, order, or ordinance.

Serial meetings that are conducted through direct communications, intermediaries, or technological devices for the purpose of developing a concurrence as to action to be taken are prohibited by the Act.

Effective January 1, 2023, under Assembly Bill 2449, legislative bodies are authorized to participate in remote public meetings without disclosing or providing access to their non- public teleconference location(s) if at least a quorum meets in person from a single location identified on the agenda. The location must be open to the public and situated within the local agency’s jurisdiction. All other members would be able to participate remotely, but only if the agenda provides a brief description (under20 w ords) regarding their need to appear remotely at a given meeting or, if the need to participate remotely arose after the agenda was posted, the reason must be disclosed at the start of the meeting. The need must be for just cause or an emergency circumstance.  “Just cause” includes: (i) necessary caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner; (ii) having a contagious illness, (ii) having a physical or mental disability that is not otherwise accommodated; or (iv) traveling on official business of the local agency or another state or local agency.

A member of the legislative body who participates remotely for just cause is limited to two such remote meetings per calendar year.
 “Emergency circumstance” includes a ph ysical or family medical emergency that prevents a member from attending in person. A member may request that the legislative body approve their remote participation due to an emergency circumstance. Remote participation due to an emergency circumstance mu st be approved by the legislative body at each meeting.
 Remote participation for each member is limited to three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year.

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9 Members participating remotely will be r equired to (i) use both audio and visual technology during the meeting, and (ii) disclose whether any person 18 years or older is present in the room with that member and the general nature of the member’s relationship with that person.

Additionally, whe n a meeting is held with remote participation by members of the legislative body, there must also be live video and/or audio stream that also allows members of the public to participate remotely through the audio/visual platform or telephonic service. In the event of a broadcasting disruption (i.e., disconnection of call- in or internet-based service option) or other event that prevents members of the public from offering public comments, the legislative body must pause the meeting and take no further action until remote public access to the meeting is restored. This bill will sunset on January 1, 2026. Please note; to date, January 2024, the City does not yet possess the technological capacity to hold video meetings in Council Chambers.

B. POLITICAL REFORM ACT

The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interest or the financial interests of persons who have supported them. The Political Reform Act establishes r egulations regarding Conflicts of Interests and Campaign Receipts and Expenditures. (See Gov.

Code Sections 81000 - 91014)

Specifically, the Act requires City Council Members and other public officials to disclose annually all financial interests that may be affected by decisions made in t heir official capacity; this includes interests such as investments, real property, and income. Disclosure is made on a form called a "statement of economic interests" (Form 700). The form must be filed each year. Filed forms are public documents that must be made a vailable to anyone who requests them. (See Gov. Code section 81002(c))

Council Members must also disqualify themselves from making or participating in making or influencing any governmental decision that will have a foreseeable material financial effect on any economic interest of the Council Member or certain fa mily members.

Additionally the Political Reform Act requires that cities adopt and implement a separate Conflict of Interest Code that specifies additional 700 form filers consisting of positions within the agency that involves the making or participation in the making of decisions that may foreseeably have a material financial effect on any financial interest and updates the disclosure categories to allow accurate disclosure of economic interests and sources of income and gifts, without violation of privacy rights.

Effective January 1, 2023, Senate Bill 1439 prohibits Council Members from receiving or soliciting certain campaign contributions, requires recusal from certain City Council decisions based on certain campaign contributions, and requires disclosure of cert ain campaign contributions before such decisions are made by the City Council. Potential/actual campaign contributions for more than $250, from a party who seeks (or received) a Council decision through a qualifying proceeding, will generally trigger the n ew law, if received within the 12 months before, or the 12 months after, that Council decision. SB 1439 is nuanced, and it impacts can be dependent upon the factual circumstances. Violations are subject to civil enforcement by the FPPC and potential criminal enforcement. (See Gov. Code Section 84308)

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10 C. CITY OF HESPERIA MUNICIPAL CODE

The Municipal Code consists of those codified ordinances of general municipal regulations and laws, as well as the City of Hesperia Development Code and is available on the City’s website. The Office of the City Clerk maintains the Municipal Code.

Any legislation enacted by federal or state law which would delete and / or amend any statutory regulatory requirement included wit hin t his manual s hall a utomatically be incorporated into the Procedures Manual without prior City Council action.

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11 CHAPTER 4 - COUNCIL ORGANIZATION AND DUTIES
A. NEWLY ELECTED MEMBERS
Newly elected Council Members are sworn into office at the first regular Council meeting in December following a regular municipal election. Immediately upon election (even before being sworn into office), newly elected Council Members are subject to the provisions of the Brown Act.

B. DUTIES OF THE CITY COUNCIL

City Council members and City staff shall conduct the business of the City of Hesperia:

o Recognizing that the stewardship of the public interest must be of primary concern;
o Working for the common good of the people of Hesperia; and o Assuring fair and equal treatment of all persons, claims and transactions coming before the City Council, City Council Committees, and City Council established Boards and Commissions (legislative bodies).

C. DUTIES OF THE MAYOR AND MAYOR PRO TEM

The Mayor shall be:

o Appointed from members of the City Council by a majority vote at its first meeting in December annually;
o The presiding officer at all meetings of the Council; o Responsible for the control, debate and order of speakers; o Referred to as “Chair” when acting as presiding officer of any legislative body meetings other than Council;
o The representative of the City Council at ceremonial functions and may, at his/her own discretion, ask another Council Member to represent the Council at the function; and
o Entitled to make and second motions on matters before the City Council and vote on actions, but shall possess no veto power over actions of the City Council.

The Mayor Pro Tem shall:

o Be appointed from members of the City Council by a majority vote at its first meeting in December annually; and
o In the absence of the Mayor from the City or a City Council meeting, assume the duties of the Mayor.

In the event the Mayor and Mayor Pro Tem are absent, the City Council may appoint one of its Members to serve as Mayor Pro Tem. Should the Mayor become incapacitated, or is otherwise unable to serve as Mayor, the Mayor Pro Tem shall immediately become the new Mayor with a new Mayor Pro Tem subject to appointment by the Council at a subsequent meeting. In the event of a tie vote for the appointment of a new Mayor Pro Tem, the new Mayor shall appoint the Mayor Pro Tem.

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12 D. MEETING ATTENDANCE BY PUBLIC OFFICIALS

It is important that all City Council Members commit to attending meetings to ensure that the business of the City can be conducted effectively and to ensure fairness to the public, other Council Members, and staff that attend the meetings.

CA Government Code § 36513 states that if a City Council Member is absent without permission from all regular City Council meetings for 60 days consecutively from the last regular meeting s/he attended, his/her office becomes vacant and shall be filled as any other vacancy.

E. USE OF PUBLIC PROPERTY

City stationery, technology and/or staff support shall not be used for personal or campaign purposes. Council Member use of the City telephone and computer systems is subject to all City guidelines concerning use of such systems.

F. USE OF COUNCIL CHAMBERS

The City Clerk’s office is responsible for maintaining a calendar on the use of the Council Chambers, as well as the Hesperia Library’s community room. Use of the Council Chambers by a City commission, board, and/or other advisory bodies shall take precedence over any other group or agency.

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13 CHAPTER 5 – COMMITTEES / COMMISSIONS / ADVISORY COMMITTEES

A. APPOINTMENT TO OUTSIDE COMMITTEES

Council Members are requested to serve on various boards and committees for outside agencies. Any Council Member desiring to serve on a certain committee (or who desires not to be considered) should inform the Mayor. These appointments are subject to approval by the majority of the Council. Appointments are generally made at the second meeting in December.

Council Members will provide to the City Council periodic updates and reports on meetings and actions of the agencies on which they serve, in order to provide information to the City Council, and/or seek City Council guidance where City Council has representation on various committees and commissions, joint powers authorities and other organizations (“agencies”). Whenever practicable, Council Members appointed to an outside agency as t he City’s r epresentative shall advise the Council at a r egularly scheduled Council meeting of any major issues under consideration by an outside agency prior to the time that agency votes on the item. “Major issues” include, but are not limited to a proposal that would have a significant adverse fiscal or economic impact on the City of Hesperia or its citizens. The City Council may at that time provide direction as to the position of the City on the issue at hand.

While serving as the governing board members of outside agencies, City Council Members shall not vote in favor of establishing or increasing salary and benefit agreements for the staff of those respective outside agencies which would result in compensation that is greater than the salary and benefit agreements approved by the City Council for the employees of the City of Hesperia and subsidiary districts. The total compensation package for the outside agency should be largely equivalent to City of Hesperia employees but does not have to be identical.

B. CITY COMMISSION / ADVISORY COMMITTEE APPOINTMENTS

1. General

All commissions and committees are governed by the Ralph M. Brown Act and all meetings shall be noticed and conducted accordingly.

The City Clerk shall maintain a list of all committee appointments/terms and solicit applications for vacancies in accordance with state law or City procedures.

The Council may disband any commission, board or advisory body provided state law does not prohibit such action.

Members of t he City Council should not attempt to influence or publicly criticize commission or board recommendations, or to influence or lobby individual commission or board members on a ny i tem under their consideration. It is important for commissions and boards to be able to make objective recommendations to the City Council on items before them.

Planning Commission and City Council Advisory Committee Appointees may not serve concurrent terms on any Commission or Committee.

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14 2. Planning Commission

The Planning Commission serves as not only an advisory body, but as a regulatory body, having authority to make final determinations in applicable circumstances.

The Planning Commission was established by ordinance (Ord. 146 § 1, 1992) and outlined in the Municipal Code (HMC Chapter 2.16 and Ord. 2005-01).

The Planning Commission consists of five members who are appointed at-will, reside within t he City and/or its designated s pheres., and be a United States Citizen as evidenced by proof of current voter registration status for the City of Hesperia or within its sphere of influence. Each Council Member shall appoint a member to the Planning Commission. Each individually appointed member shall be introduced by the appointing Council Member at a regularly scheduled City Council meeting prior to such member taking office.

The appointing Council Member may remove a Commission Member from service at any time with subsequent notification to the City Council.

3. Advisory Committees

Committees serve as advisory bodies to facilitate public input and citizen participation in the determination of public policies. This is accomplished by f ormulating recommended courses of action and policy and forwarding them to the City Council with whom final determination rests. Advisory Boards are established by C ouncil Resolution and members shall serve terms that are at-large, at-will and at t he pleasure of the City Council until removed fr om the Committee as provided by resolution. Members must be 18 years of age, a resident of California, and reside within t he City limits and/or its designated spheres to serve on an Advisory Committee. There is currently one Advisory Board; the City Council Advisory Committee. The City Council will determine the work programs of the Advisory Committees and may designate Advisory Committees to serve as a board of appeals as appropriate. All findings and recommendations from any Committee are forwarded to the City Council for a final decision. Training will be provided for Advisory Committee Members when they are requested to perform duties outside of routine Committee function.

The term of each individually appointed Committee Member shall commence upon appointment and shall terminate thirty (30) days aft er the expiration of each respective appointing Council Member’s term subject to reappointment.

The appointing Council Member may remove a Committee Member from service at any time with subsequent notification to the City Council.

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15 CHAPTER 6 – CONDUCT OF CITY COUNCIL, STAFF AND PUBLIC A. CITY COUNCIL CONDUCT

1. General Conduct

City Council Members shall:

o Treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments;
o Be fair, impartial and unbiased when voting on quasi-judicial actions; o Use the electronic speaker sequencing system to inform the Mayor of their wish to speak and shall be acknowledged by the Mayor before speaking; o Move to require the Mayor to enforce the rules and the Mayor shall do so upon an affirmative vote of a majority of the Members present; o Preserve order and decorum during the meeting;
o Not delay or interrupt the proceedings or the peace of the City Council meetings, nor disturb any Member while speaking, by conversation or otherwise, nor disobey the orders of the City Council or the presiding officer, except as otherwise herein provided;
o Support the laws established by the City Council;
o Abide by the Rule of Procedure in conducting the business of the City of Hesperia; and
o Refrain from the use of personal cellular telephones, personal computers, and other personal electronic devices during public hearings unless used solely to view agenda packet contents or content or materials related to an agenda item.

2. Conduct with Members

City Council Members shall:

o Value each other’s time;
o Govern themselves as to the length of their comments; o Limit their comments to the subject matter, item, or motion being currently considered;
o Attempt to build consensus on an item though an opportunity for dialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority; o Have the right to dissent from, protest, or comment upon any action of the City Council;
o Respect each other’s opportunity to speak and, if necessary, agree to disagree;
o Avoid offensive negative comments and practice civility and decorum during discussions and debate; and
o Assist the Mayor’s exercise of duty to maintain order.

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16 3. Conduct with City Manager and Staff

Pursuant to Municipal Code section 2.08.080 titled “Internal Relations” which states:

A. Council—Manager Relations. The City Council and its members shall deal with the administrative services of the city only through the City Manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. The City Manager shall take his/her orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual Council Member shall give any orders or instructions to the City Manager.

Additionally, the City Council shall:

o Speak to the City Manager directly on issues and concerns; o Not direct staff to initiate any action, change a course of action, or prepare any report that is significant in nature or initiate any project or study without the approval of a majority of the City Council; o Direct the City Manager to implement City Council’s policy decisions through the administrative functions of the City;
o Treat staff professionally and refrain from publicly criticizing individual employees;
o Avoid involvement in personnel issues except during City Council Closed sessions regarding City Council appointed staff such as City Manager and City Attorney, including hiring, firing, promoting, disciplining and other personnel matters;
o Discuss directly with the City Manager privately, as appropriate, any displeasure over work or behavior with a department or staff; o Request information or research on a given topic from the City Manager for response (responses will be copied to all Council Members); o Request answers to questions on City Council agenda items from the City Manager, City Attorney, City Clerk, or department directors / division managers prior to the meeting whenever possible; and
o Present citizen complaints to the City Manager so the complaint and request for information can be disseminated to staff for appropriate action.

4. Conduct with the Public

City Council Members shall:

o Make the public feel welcome;
o Be impartial, respectful and without prejudice toward the public; o Listen courteously and attentively to public comment; o Refrain from arguing back and forth with members of the public; o Represent official policies or positions of the City Council first; o Explicitly state when their opinions and positions do not represent the City Council when representing their individual opinions and positions; and o Make no promises to the public on behalf of the Council/Commission/Committee. o Under no circumstances meet with or make direct statements to individuals that are currently in litigation, criminal process or in the administrative violation process with the City.

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17 5. Conduct with Other Agencies

City Council Members shall:

o Project a positive image of the City when dealing with other agencies; o Show tolerance and respect for other agencies’ opinions and issues and, if necessary, agree to disagree;
o Represent official policies or positions of the City Council first when designated as delegates of a legislative body;
o Explicitly state when their opinions and positions do not represent the City Council when representing their individual opinions and positions, and shall not allow the interference that they do; and
o Have the ability to advocate or discuss issues that have been adopted by the legislative bodies or are standing policies of the legislative body with other legislators, government officials or developers.
o Not vote for pay or benefits that would exceed that of City of Hesperia employees.

6. Conduct with Commissions and Committees

City Council Members shall:

o Treat all members of committees and commissions with appreciation and respect; and
o Refrain from participation in committee and commission meetings for the purpose of influencing the outcome of said meetings.

7. Conduct with the Media

City Council Members shall:

o Not discuss or go “off the record” with the media to discuss confidential or privileged information pertaining to closed sessions, attorney-client privileged or a ttorney work product communications i ncluding wit hout li mitation personnel, litigation or real property negotiations; and o Provide non-confidential, non-privileged background information when acceptable.

Press releases will be prepared by the Public Information Officer and routed to the City Manager for approval before release to the media.

Police and Fire responses and/or press releases regarding emergencies may be reported directly to the media by the designated department spokesperson.

8. Litigation and Confidential Information

City Council Members shall:

o Keep all written materials and verbal information provided to them on matters that are confidential under state law in c omplete confidence to

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18 ensure that the City’s position is not compromised; and o Not disclose or mention any information in these materials to anyone other than City Council Members, the City Attorney or City Manager. o Under no circumstances meet with or make direct statements to individuals that are currently in litigation, criminal process or in the administrative violation process with the City.

9. Ethical Conduct

City Council Members shall:

o Receive at least two hours of training in ethics, conflicts of interest, open meetings laws, competitive bidding requirements, bias prohibitions, etc., in accordance with Government Code section 53234 (AB1234) every two years; and
o Receive at least two hours of training in sexual harassment avoidance training in accordance with AB 8025/AB 1661 every two years; and o Conduct themselves in accordance with such training.

B. CITY STAFF

City Staff shall:

o Prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with t he agenda format and preparation schedule;
o Be available for general questions from City Council Members in accordance with the Brown Act prior to and during meetings;
o Respond to questions from the public during meetings when requested to do so by City Council Members or City Manager;
o Refrain from arguing with the public or City Council Members; o Switch any electronic equipment such as pagers and cellular telephones to silent or off mode during Council meetings; and
o Copy or otherwise communicate responses regarding citizen complaints to the City Council.

Staff will remain objective on issues and should not be advocates for issues unless so directed by the legislative body.

As soon as possible, to the extent permitted by the Brown Act, the City Manager and staff will inform the City Council of controversial issues having significant impacts to the City that are coming before the legislative body on short notice.

The City Manager will advise management staff of potentially political or controversial issues coming before the legislative body and direct staff to be present and appropriately prepared.

Staff will not participate in political activities while on duty or on City property.

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19 C. PUBLIC

Members of the public:

o Attending City Council meetings shall observe the same rules and decorum applicable to the Members and staff as noted in this Chapter; o May attend meetings at any teleconference locations in accordance with the Brown Act;
o Must approach the podium when recognized by the Mayor and speak only from the podium. Stamping of feet, whistles, yells or shouting, and / or similar demonstrations are unacceptable public behavior and will be prohibited by the City Council;
o Wishing to provide documents to the Council shall comply with Chapter 8 Section B of these Rules;
o Speakers wishing to submit electronic media as part of their public comment, must submit it to the City Clerk’s Office via thumb drive or compact disk (CD) at least 24 hours prior to the City Council Meeting in order to be screened for computer virus’ and offensive, or inappropriate content. The City Clerk will have it available at the next City Council Meeting during the public comment portion of the meeting. The City is not r esponsible f or inaccurate information displayed as part of a public comment presentation; o Must switch any electronic equipment such as pagers and cellular telephones to a silent or off mode during Council meetings; o Wishing to speak to the Council should complete, and turn into the City Clerk prior to the item being called, a speaker’s slip indicating the agenda item or off-agenda (public comment) item which they wish to address; and o May contact the staff person with questions concerning Consent Calendar items prior to the meeting to reduce the need for discussion of Consent Calendar items.

Lobbyists must identify themselves and their client(s), business or organization they represent before speaking to the Council.

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20 CHAPTER 7 – CITY COUNCIL MEETINGS AND SCHEDULES
A. REGULAR MEETINGS
o Regular meetings of the Joint City Council, Successor Agency, Housing Authority, and Community Development Commission shall be held on the first and third Tuesdays of each month;
o Staff reports shall be limited to five minutes unless unusual circumstances exist;
o Voting will be conducted utilizing the electronic voting system and the Mayor shall announce the voting results;
o Public comments shall be limited to three minutes with the exception of public hearings, which shall be five minutes, the Mayor shall notify the speaker when 30 seconds remain and has the discretion of extending the time for public hearings if a formal presentation is being made; o No new agenda items shall be considered after 9:30 p.m. unless agreed to do so by the majority of the Council, all remaining items shall be continued to the next regular meeting;
o Closed sessions should be held prior to the regular City Council meeting; o Meals will be served to the City Council only when meetings are commenced prior to or at 5:30 p.m.
o Regular meetings of the Hesperia Fire Protection District and Hesperia Water District shall immediately follow the regular meeting of the City Council; and
o All meeting notices are to be posted on the City’s website, public notice case outside City Hall and at the Hesperia Branch Library 72-hours prior to the meeting in compliance with the Brown Act.

B. SPECIAL MEETINGS

o The Mayor or Majority of the Members may call a special meeting by providing notice twenty-four (24) hours in advance of the meeting to all Council Members, media outlets and persons having requested in writing notification of such meetings pursuant to state law;
o All special meeting notices are to be posted on the City’s website, public notice case outside City Hall and at the Hesperia Branch Library; and o Workshops are scheduled on an as needed basis and can be scheduled at any time during the day or evening.

C. EMERGENCY MEETINGS

o In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the legislative body may hold an emergency meeting wit hout complying with either the 72-hour or 24-hour notice and posting requirements, for regular and special meetings, but shall otherwise comply with the Brown Act procedures generally stated below;

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21 o Each local newspaper of general circulation and radio or television station that has requested notice of special meetings, pursuant to the Brown Act, shall be notified by the presiding officer of the legislative body, or designee thereof, at least one hour prior to the emergency meeting, or in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the Members of the City Council of the emergency meeting; o This notice shall be given by telephone, or email, and all telephone numbers and email addresses provided in the most recent request for notification of special meetings shall be used;
o In the event that telephone or internet services are not functioning, the notice requirements of this section shall be deemed wai ved, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible; during an emergency meeting, the legislative body may meet in closed session pursuant to the Brown Act if agreed to by a two-thirds (2/3) vote of the Members present, or, if less than two-thirds (2/3) of the Members are present, by a unanimous vote of the Members present;
o All special meeting requirements, as prescribed in the Brown Act shall be applicable to an emergency meeting, with the exception of the 24-hour notices and posting requirement; and
o The minutes of an emergency meeting, a list of persons who the presiding officer of t he legislative body, or designee of the City Council, notified or attempted to notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for a minimum of ten days in a public place as soon after the meeting as possible.

D. AGENDA PACKET PREPARATION

o The City Manager reviews and approves all items for the Council agenda; o The agenda and agenda packets are compiled and distributed through the City Clerk’s Office. Agenda packets are generally ready for distribution by 5:30 p.m. on the Thursday before the Council meeting; agenda packets are also available to the public on the City’s website, and at the public library; and o Council Members are encouraged to meet with the City Manager before City Council meetings if they need clarification on agenda items.

E. CLOSED SESSIONS

o Closed sessions shall generally be conducted as needed and may begin as early as is required to cover the material.
o In accordance with the Brown Act, the public may speak regarding any closed session item prior to the closed session;
o All closed session information, verbal or written, is privileged and confidential and shall not be shared with any person not at such closed sessions; and o The City Attorney will report out in public session any reportable actions that were taken by the City Council and the vote on such actions in accordance with the Brown Act.

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22 F. PUBLIC HEARINGS

o The City Clerk will set City Council hearing dates and notify the City Council via the agenda on all matters that require a notice and public hearing before the City Council;
o Scheduled public hearings may be withdrawn or continued at the request of the City Council, staff and / or applicant; and
o The City Council may refuse to grant a continuance of any hearing if there is no valid legal reason why the hearing must be continued.

1. Continuances

A. Any person (applicant, appellant or designated representative) scheduled for a public hearing before the City Council:

i. may obtain one continuance as a matter of right, without personally appearing before t he Council on the scheduled hearing date, provided a written request for the continuance must be delivered to the City Clerk by noon on the day prior to the scheduled public hearing. Any person, who has once obtained a c ontinuance by any procedure, may not obtain any subsequent continuance without appearing before the City Council, pursuant to subsection ii below; and
ii. who has once obtained a continuance of a hearing either by notice to the City Clerk as provided in Section A(i) may obtain a further continuance only by appearing before the City Council at the scheduled hearing and satisfying the City Council that circumstances exist which would justify an additional continuance.

B. City staff may obtain a continuance based on the need of the originating department or on behalf of a Council Member. Department staff may request, via the City Clerk, as many continuances as needed to complete and ready the project or appeal for t he hearing process; however, staff may not serve as a requestor on behalf of an applicant or appellant.

C. Disputes regarding the length of a continuance will be decided by the City Council at the scheduled hearing if City staff or the City Clerk cannot obtain mutual agreement between the parties beforehand.

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23 CHAPTER 8 - MEETING GUIDELINES & PROCEDURES

A. GENERAL

The Council acts as a body and policy is established by majority vote. A decision of the majority binds the Council to a course of action. No Council Member has any extraordinary powers beyond those of other members and all members have equal votes.

The Council shall follow the guidelines provided in Rosenberg’s Rules of Order, as outlined under Section E. Parliamentary Procedures below, to govern the procedural conduct of City Council Meetings. However, if there is any conflict between Rosenberg’s Rules of Order and this Policy, the terms of this Policy shall control.

Action by the City Council shall be taken by means of ordinance, resolution, or oral motion duly made and passed by the majority (unless otherwise provided in state law).

Public actions of the City Council shall be recorded in the minutes of any meeting of the Council. R esolutions shall also be recorded separately, serially numbered, and filed sequentially in the office of the City Clerk. Ordinances shall also be separately recorded, codified in the Municipal Code, and so remain until amended or voided.

The City Council cannot take action on items not included on the posted agenda except as provided for emergency or urgent items as provided in the Brown Act.

A tie vote is considered as “no action” by the City Council and the item will automatically be brought back before the City Council at the next meeting at which the full membership of the Council is present.

B. REQUIREMENTS FOR AGENDA ITEM SUBMISSION

Members may s ubmit items for inclusion on a future a genda by orally making t he request under Council Comments. I tems requested that are informational only will be generally answered in memo form and provided to all City Council Members.

Any items requested to be agendized that require significant expense to the City in either staff time or monetary expenditures will require a majority vote of the City Council to be agendized.

Item requests on topics that have been acted on or discussed by the City Council during the previous three years will require a simple majority of the City Council to add to a future agenda.

Department directors, subject to the discretion of the City Manager, may submit staff reports or descriptions of oral reports to the City Clerk for placement on the agenda.

Outside agencies may submit agenda items in accordance with the following:

1. Items from outside agencies must be sponsored for agenda placement by a Council Member or department directors; and

2. All agenda items must be submitted in accordance with the agenda packet submission and preparation requirements.

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24 C. DECLARATION OF POLICY

No ordinance, resolution, motion or item of business shall be introduced or acted upon at a meeting of the City Council without it appearing on a duly noticed and posted agenda in accordance with the Brown Act, exceptions to this rule are limited to those provided by state law.

No ordinance, resolution, motion or item of business will be considered which does not affect the conduct of the business of the City of Hesperia, its subsidiary districts, or its corporate powers or duties as a municipal corporation.

D. AGENDA FORMAT

1. Presentations

Special presentations may be scheduled as necessary in recognition of persons or groups, or for the promotion of an event or service. Requests for special presentations must be submitted to the City Clerk in writing in advance of the agenda deadline.

2. Public Comment

Pursuant to the Brown Act, public comment will be allowed on items on the Council agenda at the time each item is considered. At the beginning of the agenda under Oral Communications, public comments will also be allowed on items not on the agenda but within the jurisdiction of the City Council. Public comments are limited to no more than three (3) minutes each. Individuals desiring to speak are encouraged to submit a request to speak form to the City Clerk prior to the meeting. Speakers shall not concede any part of their allotted time to another speaker.

The City Council may not deliberate or take action on any request/item brought before them during Public Comment/Oral Communications. The Council may ask clarifying questions and refer the request/item to staff for follow-up or to be agendized for a future meeting.

Members of the City Council are discouraged from engaging in debate with a member of t he public at Council meetings since these debates seldom resolve concerns and many times inflame feelings at a public meeting.

The Brown Act permits the clearing of the Council Chamber in the event any meeting is willfully disturbed.

3. Consent Items

Those items on the Council agenda, which are considered to be of a routine and non-controversial nature by the City Manager including draft minutes, warrant runs, and routine contracts shall be listed on the “Consent Calendar.” These items shall be approved, adopted, accepted, etc. by one motion and vote of the City Council. A member of the City Council or public may remove a ny item from the “Consent Calendar” for discussion. Any item removed from the Consent Calendar will be heard immediately following action on the remaining Consent Calendar items.

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4. Public Hearings

Public hearings may be required on certain items as prescribed by the Municipal Code or by state or federal law. Council resolution establishes the regular time for public hearings. The general procedure for public hearings is as follows:

a. staff presents its report, Council Members may ask questions of staff;

b. the Mayor opens the public hearing;

c. the applicant/appellant has the opportunity to present his/her comments, testimony, or arguments, adequate time must be allotted for the applicant or appellant to present his/her case (the Mayor may ask the applicant/appellant in advance the amount of time needed in order to better control the time);

d. members of the public may present their comments subject to established time limits (five [5] minutes);

e. the Mayor closes the public hearing after everyone wishing to speak has had the opportunity to do so; and

f. Council proceeds with discussion and makes a final decision.

5. Ordinances

Ordinances are the laws of a municipality and city councils are given the power to pass ordinances as long as they are not in conflict with the laws and the Constitution of the State of California or the United States. An ordinance is the most binding form of action taken by the City Council.

Approval of an ordinance requires a first and second reading, with at least five days between same, except in the case of an urgency ordinance. With few exceptions, ordinances take effect 30 days after final passage. Once adopted, the City Clerk’s Office is responsible for publishing a summary of t he ordinance and posting at established public places, which include City Hall, t he City Library, and the City Website.

The City Council may approve the reading of the title of all ordinances and waive the text when placing an ordinance on first reading. Second readings of ordinances may be placed on the Consent Calendar for adoption.

6. New Business

New business contains items which have not been previously discussed, require City Council direction or are considered controversial.

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7. City Council Reports/Committee Reports

The City Council Reports portion of the meeting provides Council Members the opportunity to briefly comment on Council business, City operations, City projects and other items of community interest. Council Members are also given t he opportunity to update the full Council on activities of outside committees/agencies that they serve as representatives of the Council during Committee Reports portion of the meeting. Council Members should govern themselves as to the length of their comments.

8. City Manager/City Attorney Reports

The City Manager /City Attorney Reports portion of the meeting provides the City Manager the opportunity to briefly comment on City business, operations, projects and other items of Council interest. The City Attorney is provided the opportunity to report actions taken in Closed Session or other items of Council interest/concern.

9. Closed Sessions

Closed Sessions are regulated pursuant to the Brown Act. All written materials and verbal information regarding closed s ession items shall remain confidential. No member of the Council, employee of the City or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a majority of the Council.

Closed Sessions specifically authorized by the Brown Act include, but are not limited to, the following:

a. Grand Jury – Council Members may give testimony in private before a grand jury, either as individuals or as a group;

b. Security of Public Buildings – to discuss with law enforcement personnel threats to the security of a public building or threats to the public’s right of access to public services or public facilities;

c. Personnel – to consider the appointment, or dismissal of a public employee or to hear complaints or charges brought against an employee by another person or employee unless the employee requests that the matter be conducted publicly;

The term “employee” in t he situation described a bove does not include any person elected to office, or appointed to an office of the legislative body except for certain non-elective positions set forth in the section;

d. Meet & Confer – to discuss with designated representatives meet and confer issues with employee organizations;

e. Property Negotiations – to discuss specific real property transactions with negotiator(s) concerning the purchases, sale, exchange, or lease of real property; and

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f. Pending/Existing Litigation – for purposes of discussing matters of litigation or pending litigation.

g. Anticipated/Threatened Litigation – for purposes of discussing threats of litigation against the City or determining whether to initiate litigation against another entity.

Either at a public meeting at which the closed session is held, or at its next public meeting, the Council must report any final action taken and any roll call vote taken thereon during the closed session.

Closed sessions may be scheduled before or after regular meetings, and/or at a special or adjourned meeting.

E. Parliamentary Procedures

On January 22, 2018, the City Council voted to adopt Rosenberg’s Rules of Order as the parliamentary procedures for conducting City meetings. The rules established by Rosenberg’s Rules of Order include, but are not limited to those outlined below. A full t ranscript of Rosenberg’s Rules of Order is available in the City Clerk’s Office upon request.

A. Items for Discussion

Any items listed on the agenda are available for discussion by the Council. However, new business and public hearing items require a separate discussion and vote for each item. If a Council Member must recuse themselves from discussion of an item due to a financial interest in the item being considered, it must be disclosed immediately prior to consideration of the item. If the Council Member leaves the meeting prior to the agenda item being discussed they are required to publicly identify the agenda item and the financial interest prior to leaving the meeting. If the Council Member joins the meeting after consideration of the item, the Counci l Member must publicly identify the agenda item and the financial interest immediately upon joining the meeting.

1. The Mayor is responsible for announcing each agenda item for discussion;

2. The Mayor asks the Council if there are any clarifying questions of staff;

3. After Council questions, the Mayor asks for public comment;

4. After public comment, the Mayor invites a motion and a second from the Council;

5. The Mayor restates the motion before the Council and invites discussion of the motion; and

6. After discussion, the Mayor calls for the vote and announces the result for the public.

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B. Multiple Motions

There can be multiple motions on the floor for the Council to consider. In the event that multiple motions are presented to the Council for consideration, the Mayor will follow the procedures below.

The Mayor will handle the last motion proposed first. Motions will be dealt with in descending order 3, 2, 1 as follows:

1. The Mayor asks for discussion on the last motion proposed to the Council;

2. After discussion, the Mayor will ask for a motion to second;

3. The Mayor will restate the motion; and

4. The Mayor will call for the vote and announce the result for the public.

C. Failed Motions

There may be instances in which a motion made by a Council Member will be rejected by a vote of the Council. Should this happen, the Mayor will follow the procedures below.

1. The Mayor announces that the motion has failed;

2. The Mayor asks for an amended or substitute motion;

3. The Mayor asks for a motion to second;

4. The Mayor will restate the motion; and

5. The Mayor will call for the vote and announce the vote for the public.

D. Additional Types of Motions

Several types of motions require an immediate vote by the Council without any discussion and require a majority vote to pass. They are as follows:

i. A motion to adjourn requires an immediate adjournment to the next regularly scheduled meeting;
ii. A motion to recess requires the Council to take a brief recess of time specified by the Mayor;
iii. A motion to fix the time to adjourn, adjourns the meeting to a specific date and time; and
iv. A motion to table puts the agenda item on hold until a future meeting, this can be a specified time or a date to be determined.

A motion to withdraw can be made by the Council Member who proposed the motion. The motion is immediately deemed withdrawn and the Mayor may ask if any member of the Council wishes to move the motion.

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CHAPTER 9 – PLANNING COMMISSION
A. RULES OF PROCEDURE HANDBOOK
The City Council will review and revise the City Council, Commission, & Committee Rules of Procedure (“Policy”) annually in January.

Until such time as they are amended or new rules adopted by Resolution, these rules shall prevail to govern the order and conduct of business of the City Council and other legislative bodies that meet concurrently with the City Council, as well as various City Committees, and City Council-established Boards and Commissions. Those City Council established Boards and Commissions that are required by law to adopt r ules of procedure shall adopt rules that are consistent with these Rules to the extent possible.

B. AMENDMENT

Any Rules may be adopted, altered, amended or repealed by Resolution at any time by a majority vote of the City Council.

C. SUSPENSION

Any Rules may be t emporarily suspended by an affirmative vote of at least three (3) Council Members present.

Certain state laws a nd other established regulations exist which govern various responsibilities of the Planning Commission. This manual is not intended to duplicate or repeat any existing statutes or regulations. Planning Commission Members are responsible for becoming familiar with these statutes and regulations.

D. THE BROWN ACT

The Ralph M. Brown Act is a law which provides that all meetings of a legislative body, whether meetings of the City Council, subsidiary districts, or its appointed commissions and committees, shall be open and public, and all persons shall be permitted to attend.

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E. POLITICAL REFORM ACT

The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interest or the financial interests of persons who have supported them. T he Political Reform Act establishes r egulations regarding Conflicts of Interests. (See Gov. Code Sections 81000 - 91014)

Specifically, the Act requires Planning C ommissioners to annually disclose all fi nancial interests that may be affected by decisions made in their official capacity; this includes interests such as investments, real property, and income. Disclosure is made on a form called a "statement of economic interests" (Form 700). The form must be filed each year. Filed forms are public documents that must be made available to anyone who requests them. (See Gov. Code section 81002(c))

Planning Commissioners must also disqualify themselves from making or participating in making or influencing any governmental decision that will have a foreseeable material financial effect on any economic interest of the Commission Member or c ertain family members.

F. CITY OF HESPERIA MUNICIPAL CODE

G. GENERAL ADMINISTRATION

The Planning Commission serves as not only an advisory body, but as a regulatory body, having authority to make final determination in a pplicable circumstances. The Planning Commission was established by ordinance (Ord. 146 § 1, 1992) and outlined in the Municipal Code (HMC Chapter 2.16 and Ord. 2005-01).

The Planning Commission consists of five members who are appointed at-will. Members must be 18 years of age, a resident of California, and reside within the City and/or within its sphere of influence . Each C ouncil Member shall appoint a member to the Planning Commission. Each individually appointed member shall be introduced by the appointing Council Member at a regularly scheduled City Council meeting prior to such member taking office.

The term of each individually appointed Planning Commission Member shall commence upon appointment and shall terminate thirty (30) days after the expiration of each respective appointing Council Member’s term subject to reappointment. The appointing Council Member may remove a C ommission Member from service at any time with subsequent notification to the City Council.

The City Clerk shall maintain a list of all c ommittee appointments/terms and solicit applications for vacancies in accordance with state law or City procedures.

The Council may disband any commission, board or advisory body provided state law does not prohibit such action.

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Planning Commission and Advisory Committee Appointees may not serve concurrent terms on any Commission or Committee.

H. NEWLY APPOINTED MEMBERS

Newly appointed Commission Members are sworn into office at the first regular Commission meeting attended. Immediately upon appointment (even before being sworn into office), newly appointed Commission Members are subject to the provisions of the Brown Act.

I. DUTIES OF THE PLANNING COMMISSION

Planning Commission members shall conduct the business of the City of Hesperia:

J. DUTIES OF THE CHAIR AND VICE CHAIR

The Chair shall be:

o Appointed from members of the Planning Commission by a majority vote at its first regular meeting after Council Members have a ppointed new members following an election;
o The presiding officer at all meetings of the Commission; o Responsible for the control, debate and order of speakers; o Referred to as “Chair” when acting as presiding officer; o Entitled to make and second motions on matters before the Planning Commission and vote on actions, but shall possess no veto power over actions of the Planning Commission.

The Vice Chair shall:
o Be appointed from members of the Planning Commission by a majority vote at its regular meeting after C ouncil Members have appointed new members following an election;
o In the absence of the Chair from a Planning Commission meeting, assume the duties of the Chair.

In the event the Chair and Vice Chair are absent, the Planning Commission may appoint one of its Members to serve as Vice Chair.

K. MEETING ATTENDANCE BY PUBLIC OFFICIALS

It is important that all Planning Commission Members commit to attending meetings to ensure that the business of the City can be conducted effectively and to ensure fairness to the public, other Commission Members, and staff that attend the meetings.

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Commission Members will be held to the same meeting attendance requirements as City Council Members ( Government Code Section 36513). Accordingly, if a Planning Commissioner is absent without permission from all regular Planning Commission meetings for 60 days consecutively from the last regular meeting s/he attended, his/her office becomes vacant and shall be filled as any other vacancy.

Planning Commission meeting attendance records will be forwarded to the City Council on a quarterly basis.

L. USE OF PUBLIC PROPERTY

City stationery, technology and/or staff support shall not be used for personal or campaign purposes.

M. PLANNING COMMISSION CONDUCT

1. General Conduct

Planning Commission Members shall:

o Treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments;
o Be fair, impartial and unbiased when voting on quasi-judicial actions; o Use the electronic speaker sequencing system to inform the Chair of their wish to speak and shall be acknowledged by the Chair before speaking; o Move to require the Chair to enforce the rules and the Chair shall do so upon an affirmative vote of a majority of the Members present; o Preserve order and decorum during the meeting;
o Not delay or interrupt the proceedings or the peace of the Planning Commission meetings, nor disturb any Member while speaking, by conversation or otherwise, nor disobey the orders of the Commission or the presiding officer, except as otherwise herein provided; o Support the laws established by the City Council;
o Abide by the Rule of Procedure in conducting the business of the City of Hesperia; and
o Refrain from the use of personal cellular telephones, personal computers, and other personal electronic devices during public hearings unless used solely to view agenda packet contents.

2. Conduct with Members

Planning Commission Members shall:

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o Have the right to dissent from, protest, or comment upon any action of the Planning Commission;
o Respect each other’s opportunity to speak and, if necessary, agree to disagree;
o Avoid offensive negative comments and shall practice civility and decorum during discussions and debate; and
o Assist the Chair’s exercise of duty to maintain order.

3. Conduct with Designated Staff:

Hesperia Municipal Code 2.08.080 - Internal relations
Attendance at Commission Meetings. The city manager may attend any and all meetings of the planning commission and any other commissions, boards or committees created by the city council, upon his/her own volition or upon direction of the city council. At such meetings which the city manager attends, he/she shall be heard by suc h commissions, boards or committees as to all matters upon which he/she wishes to address the members thereof, and he/she shall inform said members as to the status of any matter being considered by the city council, and he/she shall cooperate to the fulle st extent with the members of all commissions, boards or committees appointed by the city council.

Additionally, Planning Commissioners shall:

o Speak to designated staff directly on issues and concerns; o Not direct staff to initiate any action, change a course of action, or prepare any report that is significant in nature or initiate any project or study; o Treat staff professionally and refrain from publicly criticizing individual employees;
o Avoid involvement in personnel issues;
o Discuss directly with designated staff privately, as appropriate, any displeasure over work or behavior with a department or staff; o Request information or research on a given topic from designated staff for response (responses will be copied to all Commissioners); o Request answers to questions on Planning Commission agenda items from designated staff prior to the meeting whenever possible; and o Present citizen complaints to designated staff so the complaint and request for information can be disseminated to staff for appropriate action.

4. Conduct with the Public

Planning Commission Members shall:

o Make the public feel welcome;
o Be impartial, respectful and without prejudice toward the public; o Listen courteously and attentively to public comment; o Not argue back and forth with members of the public;
o Represent official policies or positions of the Planning Commission first; o Explicitly state when their opinions and positions do not represent the Planning C ommission when representing t heir individual opinions and

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positions; and
o Make no promises to the public on behalf of the Planning Commission.

5. Conduct with Other Agencies

Planning Commission Members shall:

6. Conduct with the Media

Planning Commission Members may refer all media requests to the City’s Public Information officer. If not, they shall:

o Not discuss or go “off the record” with the media to discuss confidential or privileged information; or
o Provide non-confidential, non-privileged background information when acceptable.

Press releases will be prepared by the Public Information Officer and routed to the City Manager for approval before release to the media.

7. Ethical Conduct

Planning Commission Members shall:

o Receive at least two hours of training in ethics, conflicts of interest, open meetings laws, competitive bidding requirements, bias prohibitions, etc., in accordance with Government Code section 53234 (AB1234) every two years; and
o Receive at least two hours of training in sexual harassment avoidance training in accordance with AB 8025/ AB 1661 every two years; and o Conduct themselves in accordance with such training.

N. CITY STAFF

City Staff shall:
o Prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with t he agenda format and preparation schedule;
o Be available for general questions from Commission Members in accordance with the Brown Act prior to and during meetings; o Respond to questions from the public during meetings when requested to

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do so by Commission Members or designated staff;
o Refrain from arguing with the public or Commission Members; and o Switch any electronic equipment such as pagers and cellular telephones to silent or off mode during Commission meetings.

Staff will remain objective on issues and should not be advocates for issues unless so directed by the legislative body. Staff recommendations are based on the Municipal Code and City Council adopted legislative policy.

Staff will not participate in political activities while on duty or on City property.

O. PUBLIC

Members of the public:

o Attending Commission meetings shall observe the same rules and decorum applicable to the Members and staff as noted in this Chapter; o May attend meetings at any teleconference locations in accordance with the Brown Act;
o Must approach the podium when recognized by the Chair and speak only from the podium. Stamping of feet, whistles, yells or shouting, and / or similar demonstrations are unacceptable public behavior and will be prohibited by the Planning Commission;
o Wishing to provide documents to the Council shall comply with Chapter 8 Section B of these Rules;
o Speakers wishing to submit electronic media as part of their public comment must submit it to the City Clerk’s Office via thumb drive or compact disk (CD) at least 24 hours prior to the Planning Commission meeting in order to be screened for computer viruses and offensive or inappropriate content. The City Clerk will have it available at the next Planning Commission meeting during the public comment portion of the meeting. The City is not responsible for inaccurate information displayed as part of a public comment presentation;
o Must switch any electronic equipment such as pagers and cellular telephones to a silent or off mode during Commission meetings; o Wishing to speak to the Commission should complete, and turn into the Commission Secretary prior to the item being called, a speaker’s slip indicating

the agenda item or off-agenda (public comment) item which t hey wish to address; and
o May contact the staff person with questions concerning Consent Calendar items prior to the meeting to reduce the need for discussion of Consent Calendar items.

P. REGULAR MEETINGS

o Regular meetings of the Planning Commission shall be held on the second Thursday of each month and the fourth Thursday as needed; o Staff reports shall be limited to five minutes unless unusual circumstances exist;
o Voting will be conducted utilizing the electronic voting system and the Chair

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shall announce the voting results;
o Public comments shall be limited to three minutes, the Chair shall notify the speaker when 30 seconds remain and has the discretion of extending the time for public hearings if a formal presentation is being made; o No new agenda items shall be considered after 9:30 p.m. unless agreed to do so by the majority of t he Commission, all remaining items shall be continued to the next regular meeting; and
o All meeting notices are to be posted on the City’s website, public notice case outside City Hall and at the Hesperia Branch Library 72-hours prior to the meeting in compliance with the Brown Act.

Q. SPECIAL MEETINGS

o The Chair or Majority of the Members may call a special meeting for items or projects within its purview by providing notice twenty-four (24) hours in advance of the meeting to all Commission Members, media outlets and persons having requested in writing notification of such meetings pursuant to state law; and
o All special meeting notices are to be posted on the City’s website, public notice case outside City Hall and at the Hesperia Branch Library.

R. AGENDA PACKET PREPARATION

o The City Manager reviews and approves all items for the Planning Commission agenda;
o The agenda and agenda packets are compiled and distributed through the Planning Department. Agenda packets are generally ready for distribution by 5:30 p.m. on the Thursday before the Planning Commission meeting; - agenda packets are also available to the public on the City’s website, at the public library; and
o Commission Members are encouraged to meet with the Principal Planner before Planning Commission meetings if they need clarification on agenda items.

S. PUBLIC HEARINGS

o The Planning Commission Secretary will set Planning Commission hearing dates and notify the Planning Commission via the agenda on all matters that require a notice and public hearing before the Planning Commission; o Scheduled public hearings may be withdrawn or continued at the request of the Planning Commission, staff and / or applicant; and
o The Planning Commission may refuse to grant a continuance of any hearing if there is no valid legal reason why the hearing must be continued.

1. Continuances

A. Any person (applicant, appellant or designated representative) scheduled for a public hearing before the Planning Commission:

i. may obtain one continuance as a matter of right, without personally

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appearing before the Commission on the scheduled hearing date, provided a written request for the c ontinuance must be delivered to the Planning Commission Secretary by noon on the day prior to the scheduled public hearing. Any person, who has once obtained a continuance by any procedure, may not obtain any subsequent continuance without appearing before the Planning Commission, pursuant to subsection ii below; and ii. who has once obtained a continuance of a hearing either by notice to the Planning Commission Secretary as provided in Section A(i) may obtain a further continuance only by appearing before the Planning Commission at the scheduled hearing a nd satisf ying t he Planning C ommission t hat circumstances exist which would justify an additional continuance.

B. City staff may obtain a continuance based on the need of the originating department or on behalf of a Commission Member. Department staff may request, via the Planning Commission Secretary, as many continuances as needed to complete and ready the project or appeal for the hearing process; however, staff may not serve as a requestor on behalf of an applicant or appellant.

C. Disputes regarding the length of a continuance will be decided by the Planning Commission at the scheduled hearing if City staff or the Planning Commission Secretary cannot obtain mutual agreement between the parties beforehand.

T. VOTING
General
The Planning Commission acts as a body and decisions are rendered by a majority of the voting members and bind the Commission to a course of action.

No Commission Member has any extraordinary powers beyond those of other members and all members have equal votes.

The Planning Commission shall follow the guidelines provided in Rosenberg’s Rules of Order, as outlined under Section X. Parliamentary Procedures below, to govern the procedural conduct of City Council Meetings.

Action by the Planning Commission shall be taken by means of resolution, or oral motion duly made and passed by the majority (unless otherwise provided in state law).

Conflict of Interest

When a Commissioner has a conflict of interest and must recuse himself/herself from voting on the item, the following procedure shall be used:

Regular Non-Consent Calendar agenda items:

Step 1: Immediately prior to any discussion of the matter by the Commission at the meeting, the Commissioner must state on the record that he or she is recusing himself/herself due to a conflict of interest explaining with specificity the nature of the conflict, such as property related or due to a financial relationship.

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Step 2: After the recusal is made, the Commissioner should leave the room. The Commissioner may listen from outside of the room and speak on the item as a member of the public by filling out a speaker slip and approaching the podium when called by the Chair or Vice Chair.

Consent Calendar agenda items:

Step 1: Immediately prior to any discussion or adoption of the consent calendar, the Commissioner must state on the record that he or she is recusing himself/herself due to a conflict of interest explaining with specificity the nature of the conflict, such as property related or due to a financial relationship.

Step 2: After the recusal is made, the item will be removed from the consent calendar and the Commissioner should leave the room. The Commissioner may listen from outside of the room and speak on the item as a member of the public by filling out a speaker slip and approaching the podium when called by the Chair or Vice Chair.

Public actions of the Planning Commission shall be recorded in the minutes of any meeting of the Commission. Resolutions shall also be recorded separately, serially numbered, and filed sequentially in the office of the Planning Commission Secretary.

The Planning Commission cannot take action on items not included on the posted agenda except as provided for emergency or urgent items as provided in t he Brown Act.

Tie Votes

a. A tie vote on any matter where the Planning Commission is acting as an advisory body on legislative action (i .e., General Plan or Development District Amendment), the item shall be forwarded to the City Council with no recommendation.
b. On any matter where the mandatory time for a decision on an application (California G overnment Code Sections 65950 and 66452.1) will expire prior to the next regular meeting, the application shall be deemed denied, without prejudice.

c. On any matter not in jeopardy of such mandatory decision time periods, the action shall be forwarded to the City Council with no recommendation.

U. REQUIREMENTS FOR AGENDA ITEM SUBMISSION

Members may request items for inclusion on a future agenda by orally making the request under Committee Comments subject to subsequent approval by the City Manager.

Department directors, subject to the discretion of the City Manager, may submit staff reports or descriptions of oral reports to the Planning Commission for placement on the agenda.

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V. DECLARATION OF POLICY

No resolution, motion or item of business shall be introduced or acted upon at a meeting of the Planning Commission without it appearing on a duly noticed and posted agenda in accordance with the Brown Act, exceptions to this rule are limited to those provided by state law.

No resolution, motion or item of business will be considered which does not affect the conduct of the business of the City of Hesperia, its subsidiary districts, or its corporate powers or duties as a municipal corporation.

W. AGENDA FORMAT

1. Public Comment

Pursuant to the Brown Act, public comment will be allowed on items on the Planning Commission agenda at the time each item is considered. At the beginning of the agenda under Public Comments, public comments will also be allowed on items not on the agenda but within the jurisdiction of the City Council. Public comments are limited to no more than three (3) minutes each. Individuals desiring to speak are encouraged to submit a request to speak form to the Planning Commission Secretary prior to the meeting. Speakers shall not concede any part of their allotted time to another speaker.

The Planning Commission may not deliberate or take action on any request/item brought before them during Public Comment/Oral Communications. The Commission may ask clarifying questions and refer the request/item to staff.

Members of the Planning Commission are discouraged from engaging in debate with a member of the public at Commission meetings since these debates seldom resolve concerns and many times inflame feelings at a public meeting.

The Brown Act permits the clearing of the Council Chamber in the event any meeting is willfully disturbed.

2. Consent Items

Those items on the Commission agenda, which are considered to be of a routine and non-controversial nature by the City Manager, Manager including draft minutes, warrant runs, and routine contracts shall be listed on the “Consent Calendar.” These items shall be approved, adopted, accepted, etc. by one motion and vote of the Planning Commission. A member of the Planning Commission or public may remove any item from the “Consent Calendar” for discussion. Any item removed from the Consent Calendar will be heard immediately following action on the remaining Consent Calendar items.

3. Public Hearings

Public hearings may be required on certain items as prescribed by the Municipal Code or by state or federal law. Council resolution establishes the regular time for public

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hearings. The general procedure for public hearings is as follows:

a. staff presents its report, Commission Members may ask questions of staff;

b. the Chair opens the public hearing;

c. the applicant/appellant has the opportunity to present his/her comments, testimony, or arguments, adequate time must be allotted for the applicant or appellant to present his/her case (the Chair may ask the applicant/appellant in advance the amount of time needed in order to better control the time);

d. members of the public may present their comments subject to established time limits (three [3] minutes);

e. the Chair closes the public hearing after everyone wishing to speak has had the opportunity to do so; and

f. Commission proceeds with discussion and makes a final decision.

4. Planning Commission Business or Reports

The Planning Commission Business Reports portion of t he meeting provides Commission Members the opportunity to briefly comment on Commission business or on activities as representatives of the Planning Commission. Commission Members should govern themselves as to the length of their comments.

5. Principal Planner Reports

The Principal Planner or staff may briefly comment on City business, operations, projects and other items of Planning Commission interest.

X. Parliamentary Procedures

On January 22, 2018, the City Council voted to adopt Rosenberg’s Rules of Order as the parliamentary procedures for conducting City meetings. The rules established by Rosenberg’s Rules of Order include, but are not limited to those outlined below. A full transcript of Rosenberg’s Rules of Order is available in the City Clerk’s Office upon request.

A. Items for Discussion

Any items listed on the agenda are available for discussion by Commission Members.

However, new business and public hearing items require a separate discussion and vote for each item. If a Member must recuse themselves from discussion of an item due to a financial interest in the item being considered, it must be disclosed immediately prior to consideration of the item. If the Member leaves the meeting prior to the agenda item being discussed they are required to publicly identify the agenda item and the financial interest prior to leaving the meeting. If the Member joins the meeting after consideration of the item, the Member must publicly identify the agenda item and the financial interest

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immediately upon joining the meeting.

1. The Chair is responsible for announcing each agenda item for discussion;

2. The Chair asks Commission Members if there are any clarifying questions of staff;

3. After Commission questions, the Chair asks for public comment;

4. After public comment, the Chair invites a motion and a second from the Commission;

5. The Chair restates the motion before the Commission and invites discussion of the motion; and

6. After discussion, the Chair calls for the vote and announces the result for the public.

B. Multiple Motions

There can be multiple motions on the floor for Commission Members to consider. In the event that multiple motions are presented to the Commission for consideration, the Chair will follow the procedures below.

The Chair will handle the last motion proposed first. Motions will be dealt with in descending order 3, 2, 1 as follows:

1. The Chair asks for discussion on the last motion proposed to the Commission;

2. After discussion, the Chair will ask for a motion to second;

3. The Chair will restate the motion; and

4. The Chair will call for the vote and announce the result for the public.

C. Failed Motions

There may be instances in which a motion made by a Commission Member will be rejected by a vote of the Commission. Should this happen, the Chair will follow the proce dures below.

1. The Chair announces that the motion has failed;

2. The Chair asks for an amended or substitute motion;

3. The Chair asks for a motion to second;

4. The Chair will restate the motion; and

5. The Chair will call for the vote and announce the vote for the public.

D. Additional Types of Motions

Several types of motions require an immediate vote by the C ommission without any discussion and require a majority vote to pass. They are as follows:

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v. A motion to adjourn requires an immediate adjournment to the next regularly scheduled meeting;
vi. A motion to recess requires the Commission to take a brief recess of time specified by the Chair;
vii. A motion to fix the time to adjourn, adjourns the meeting to a specific date and time; and
viii. A motion to table puts the agenda item on hold until a future meeting, this can be a specified time or a date to be determined.

A motion to withdraw can be made by the Commission Member who proposed the motion.

The motion is immediately deemed withdrawn and the Chair may ask if any member of the Commission wishes to move the motion.

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CHAPTER 10- ADVISORY COMMITTEES
A. RULES OF PROCEDURE HANDBOOK
The City Council will review and revise the City Council, Commission, & Committee Rules of Procedure (“Policy”) annually in January.

Until such time as they are amended or new rules adopted by Resolution, these rules shall prevail to govern the order and conduct of business of the City Council and other legislative bodies that meet concurrently with the City Council, as well as various City Committees, and City Council-established B oards and C ommissions. T hose City Council established Boards and Commissions that are required by law to adopt rules of procedure shall adopt rules that are consistent with these Rules to the extent possible.

B. AMENDMENT

Any Rules may be adopted, altered, amended or repealed by Resolution at any time by a majority vote of the City Council.

C. SUSPENSION

Any Rules may be t emporarily suspended by an affirmative vote of at least three (3) Council Members present.

Certain state laws a nd other established regulations exist which govern various responsibilities of the Advisory Committees. This manual is not intended to duplicate or repeat any existing statutes or regulations. Advisory Committee Members are responsible for becoming familiar with these statutes and regulations.

D. THE BROWN ACT

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E. POLITICAL REFORM ACT

The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interest or the financial interests of persons who have supported them. T he Political Reform Act establishes r egulations regarding Conflicts of Interests. (See Gov. Code Sections 81000 - 91014)

Advisory Committees members must also disqualify themselves from making or participating in making or influencing any governmental decision that will have a foreseeable material financial effect on any economic interest of the Committee Member or certain family members.

F. CITY OF HESPERIA MUNICIPAL CODE

G. GENERAL ADMINISTRATION

The term of each individually appointed Committee Member shall commence upon appointment and shall terminate thirty (30) days after the expiration of each respective appointing Council Member’s term subject to reappointment.

The appointing Council Member may remove a Committee Member from service at any time with subsequent notification to the City Council.

The City Clerk shall maintain a list of all c ommittee appointments/terms and solicit applications for vacancies in accordance with state law or City procedures.

The Council may disband any commission, board or advisory body provided state law does not prohibit such action.

Planning Commission and Advisory Committee Appointees may not serve concurrent terms on any Commission or Committee.

Training will be provided for Advisory Committee Members when they are requested to perform duties outside of routine Committee function.

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H. NEWLY APPOINTED MEMBERS

Newly appointed Committee Members are sworn i nto office at the first regular Commission meeting attended. Immediately upon appointment (even before being sworn into office), newly appointed Committee Members are subject to the provisions of the Brown Act.

I. DUTIES OF THE ADVISORY COMMITTEES

Advisory Committee members shall conduct the business of the City of Hesperia:

J. DUTIES OF THE CHAIR AND VICE CHAIR

The Chair shall be:

o Appointed from members of the Advisory Committees by a majority vote at its first meeting in January annually;
o The presiding officer at all meetings of the Committee; o Responsible for the control, debate and order of speakers; o Referred to as “Chair” when acting as presiding officer; o Entitled to make and second motions on matters before the Advisory Committees and vote on actions, but shall possess no veto power over actions of the Advisory Committees.

The Vice Chair shall:
o Be appointed from members of the Advisory Committees by a majority vote at its first meeting in January annually; and
o In the absence of the Chair from an Advisory Committees meeting, assume the duties of the Chair.

In the event the Chair and Vice Chair are absent, the Advisory Committee may appoint one of its Members to serve as Vice Chair.

K. MEETING ATTENDANCE BY PUBLIC OFFICIALS

It is important that all Advisory Committee Members commit to attending meetings to ensure that the business of the City can be conducted effectively and to ensure fairness to the public, other Commission Members, and staff that attend the meetings. Attendance records will be provided to the City Council on a quarterly basis. Committee members may be subject to dismissal based on attendance records.

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L. USE OF PUBLIC PROPERTY

City stationery, technology and/or staff support shall not be used for personal or campaign purposes.

M. ADVISORY COMMITTEE MEMBER CONDUCT

1. General Conduct

Advisory Committee Members shall:

o Treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments;
o Be fair, impartial and unbiased when voting on quasi-judicial actions; o Use the electronic speaker sequencing system to inform the Chair of their wish to speak and shall be acknowledged by the Chair before speaking; o Move to require the Chair to enforce the rules and the Chair shall do so upon an affirmative vote of a majority of the Members present; o Preserve order and decorum during the meeting;
o Not delay or interrupt the proceedings or the peace of the Committee meetings, nor disturb any Member while speaking, by conversation or otherwise, nor disobey the orders of the presiding officer, except as otherwise herein provided;
o Support the laws established by the City Council;
o Abide by the Rule of Procedure in conducting the business of the City of Hesperia; and
o Refrain from the use of personal cellular telephones, personal computers, and other personal electronic devices during public hearings unless used solely to view agenda packet contents.

2. Conduct with Members

Advisory Committee Members shall:

o Value each other’s time;
o Govern themselves as to the length of their comments; o Limit their comments to the subject matter, item, or motion being currently considered;
o Attempt to build consensus on an item though an opportunity for dialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority; o Have the right to dissent from, protest, or comment upon any action of the Committee;
o Respect each other’s opportunity to speak and, if necessary, agree to disagree;
o Avoid offensive negative comments and practice civility and decorum during discussions and debate; and
o Assist the Chair’s exercise of duty to maintain order.

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3. Conduct with Staff

HMC 2.08.080 - Internal relations
Attendance at Commission Meetings. The city manager may attend any and all meetings of the planning commission and any other commissions, boards or committees created by the city council, upon his/her own volition or upon direction of the city council. At such meetings which the city manager attends, he/she shall be heard by such commissions, boards or committees as to all matters upon which he/she wishes to address the members thereof, and he/she shall inform said members as to the status of any matter bei ng considered by the city council, and he/she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.

Additionally, Advisory Committees Members shall:

o Speak to the designated staff liaison directly on issues and concerns; o Not direct staff to initiate any action, change a course of action, or prepare any report that is significant in nature or initiate any project or study; o Treat staff professionally and refrain from publicly criticizing individual employees;
o Avoid involvement in personnel issues;
o Discuss directly with the designated staff liaison privately, as appropriate, any displeasure over work or behavior with a department or staff; o Request information or research on a given topic from the designated staff liaison for response (responses will be copied to all Committee Members); o Request answers to questions on Advisory Committee a g e n d a items from the designated staff liaison prior to the meeting whenever possible; and o Present citizen complaints to designated staff liaison so the complaint and request for information can be disseminated to staff for appropriate action.

4. Conduct with the Public

Advisory Committees Members shall:

o Make the public feel welcome;
o Be impartial, respectful and without prejudice toward the public; o Listen courteously and attentively to public comment; o Not argue back and forth with members of the public;
o Represent official policies or positions of the Advisory Committees first; o Explicitly state when their opinions and positions do not represent the Advisory Committees when representing their individual opinions and Positions; and
o Make no promises to the public on behalf of the Advisory Committee.

5. Conduct with Other Agencies

Advisory Committee Members shall:

o Project a positive image of the City when dealing with other agencies;

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o Show tolerance and respect for other agencies’ opinions and issues and, if necessary, agree to disagree;
o Represent official policies or positions of the Advisory Committees first when designated as delegates of a legislative body;
o Explicitly state when t heir opinions and positions do not r epresent the Advisory Committees when r epresenting t heir individual opinions and positions, and shall not allow the interference that they do; and

6. Conduct with the Media

Advisory Committees Members should refer all media requests to the City Public Information Officer. If not, they shall:

o Not discuss or go “off the record” with the media to discuss confidential or privileged information;
o Provide non-confidential, non-privileged background i nformation when acceptable.

Press releases will be prepared by the Public Information Officer and routed to the City Manager for approval before release to the media.

N. CITY STAFF

City Staff shall:

o Prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with t he agenda format and preparation schedule;
o Be available for general questions from Committee Members in accordance with the Brown Act prior to and during meetings;
o Respond to questions from the public during meetings when requested to do so by Committee Members, t he City Manager, or designated staff person;
o Refrain from arguing with the public or Committee Members; and o Switch any electronic equipment such as pagers and cellular telephones to silent or off mode during Commission meetings.

Staff will remain objective on issues and should not be advocates for issues unless so directed by the legislative body.

Staff will not participate in political activities while on duty or on City property.

O. PUBLIC

Members of the public:

o Attending Committee meetings shall observe the same rules and decorum applicable to the Members and staff as noted in this Chapter; o May attend meetings at any teleconference locations in accordance with the Brown Act;

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o Must approach the podium when recognized by the Chair and speak only from the podium. Stamping of feet, whistles, yells or shouting, and / or similar demonstrations are unacceptable public behavior and will be prohibited by the City Council;
o Wishing to provide documents to the Council shall comply with Chapter 8 Section B of these Rules;
o Speakers wishing to submit electronic media as part of their public comment must submit it to the City Clerk’s Office via thumb drive or compact disk (cd) at least 24 hours prior to the Advisory Committee meeting in order to be screened for computer viruses and offensive or inappropriate content. The City Clerk will have it available at the next Advisory Committee meeting during the public comment portion of the meeting. The City is not responsible for inaccurate information displayed as part of a public comment presentation;
o Must switch any electronic equipment such as pagers and cellular telephones to a silent or off mode during Committee meetings; o Wishing to speak to the Committee should complete, and turn into the Committee Secretary prior to the item being called, a speaker’s slip indicating the agenda item or off-agenda (public comment) item which they wish to address; and
o May contact the staff person with questions concerning Consent Calendar items prior to the meeting to reduce the need for discussion of Consent Calendar items.

P. REGULAR MEETINGS

o Regular meetings of Advisory Committees are established by resolution; o Staff reports shall be limited to five minutes unless unusual circumstances exist;
o Voting will be conducted utilizing the electronic voting system and the Chair shall announce the voting results;
o Public comments shall be limited to three minutes, the Chair shall notify the speaker when 30 seconds remain and has the discretion of extending the time for public hearings if a formal presentation is being made; o No new agenda items shall be considered after 9:30 p.m. unless agreed to do so by the majority of the Committee, all remaining items shall be continued to the next regular meeting; and
o All meeting notices are to be posted on the City’s website, public notice case outside City Hall and at the Hesperia Branch Library 72-hours prior to the meeting in compliance with the Brown Act.

Q. SPECIAL MEETINGS

o The Chair or Majority of the Members may call a special meeting for items within the Committee’s purview by providing notice twenty-four (24) hours in advance of the meeting to all Commission Members, media outlets and persons having requested in writing notification of such meetings pursuant to state law; and
o All special meeting notices are to be posted on the City’s website, public notice case outside City Hall and at the Hesperia Branch Library.

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R. AGENDA PACKET PREPARATION

o The City Manager reviews and approves all items for the Advisory Committee agenda;
o The agenda and agenda packets are compiled and distributed through designated departments. Agenda packets are generally ready for distribution by 5:30 p.m. on the Thursday before the Advisory Committee meeting; - agenda packets are also available to the public on the City’s website, at the public library; and
o Committee Members are encouraged to meet with the Committee staff liaison before Advisory Committees meetings if they need clarification on agenda items.

S. GENERAL

The Advisory Committees acts as a body and policy is established by majority vote. A decision of the majority binds the Commission to a course of action. No Commission Member has any extraordinary powers beyond those of other members and all members have equal votes.

The Advisory Committees shall follow the guidelines provided in Rosenberg’s Rules of Order, as outlined under Section W. Parliamentary Procedures below, to govern the procedural conduct of City Council Meetings.

Action by the Advisory Committees shall be taken by means of resolution, or oral motion duly made and passed by the majority (unless otherwise provided in state law).

Public actions of the Advisory Committees shall be recorded in the minutes of any meeting of the Commission. Resolutions shall also be recorded separately, serially numbered, and filed sequentially in the office of the Advisory Committee Secretary.

The Advisory Committees cannot take action on items not included on the posted agenda except as provided for emergency or urgent items as provided in the Brown Act.

A tie vote is considered as “no action” by the Advisory Committees and the item will automatically be brought back before the City Council at the next meeting at which the full membership of the Council is present.

T. REQUIREMENTS FOR AGENDA ITEM SUBMISSION

Members may request items for inclusion on a future agenda by verbally making the request under Committee Comments or contacting the staff liaison to the Committee. All requests are subject to approval by the City Manager. Requests for items that are informational only may be responded to by staff in memo format distributed to all Committee Members. Department directors, subject to the discretion of the City Manager, may submit staff reports or descriptions of oral reports to the Advisory Committee for placement on the agenda.

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U. DECLARATION OF POLICY

No resolution, motion or item of business shall be introduced or acted upon at a meeting of the Advisory Committee without it appearing on a duly noticed and posted agenda in accordance with the Brown Act, exceptions to this rule are limited to those provided by state law. City staff attending Advisory Committee meetings will assist to ensure compliance with the Brown Act.

V. AGENDA FORMAT

1. Public Comment

Pursuant to the Brown Act, public comment will be allowed on items on the Committee agenda at the time each item is considered. Public comments are limited to no mor e than three (3) minutes each. Individuals desiring to speak are encouraged to submit a request to speak form to the Advisory Committee Secretary prior to the meeting.

Speakers shall not concede any part of their allotted time to another speaker.

The Advisory Committee may not deliberate or take action on any request/item brought before them during Public Comment/Oral Communications. The Committee may ask clarifying questions and refer the request/item to staff.

Members of the Advisory Committee are discouraged from engaging in debate with a member of the public at meetings since these debates seldom resolve concerns and many times inflame feelings at a public meeting.

The Brown Act permits the clearing of the Council Chamber in the event any meeting is willfully disturbed.

2. Items for Consideration
Those items on the Committee agenda which have not been previously discussed or which require Committee direction.

3. Committee Member and Staff Comments

The Comments portion of the meeting provides Committee Members and staff the opportunity to briefly comment on Committee business or on activities as representatives of the Advisory Committee. Committee Members and staff should govern themselves as to the length of their comments.

W. Parliamentary Procedures

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transcript of Rosenberg’s Rules of Order is available in the City Clerk’s Office upon request.

A. Items for Discussion

1. The Chair is responsible for announcing each agenda item for discussion;

2. The Chair asks Committee Members if there are any clarifying questions of staff;

3. After Committee questions, the Chair asks for public comment;

4. After public comment, the Chair invites a motion and a second from the Committee;

5. The Chair restates the motion before the Committee and invites discussion of the motion; and

6. After discussion, the Chair calls for the vote and announces the result for the public.

B. Multiple Motions

There can be multiple motions on the floor for the Committee to consider. In the event that multiple motions are pres ented to the Committee for consideration, the Chair will follow the procedures below.

The Chair will handle the last motion proposed first. Motions will be dealt with in descending order 3, 2, 1 as follows:

1. The Chair asks for discussion on the last motion proposed to the Council;

2. After discussion, the Chair will ask for a motion to second;

3. The Chair will restate the motion; and

4. The Chair will call for the vote and announce the result for the public.

C. Failed Motions

There may be instances in which a motion made by a C ommittee Member will be rejected by a vote of the Committee. Should this happen, the Chair will follow the procedures below.

1. The Chair announces that the motion has failed;

2. The Chair asks for an amended or substitute motion;

3. The Chair asks for a motion to second;

4. The Chair will restate the motion; and

5. The Chair will call for the vote and announce the vote for the public.

D. Additional Types of Motions

Several types of motions require an immediate vote by the Committee without any discussion and require a majority vote to pass. They are as follows:

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i. A motion to adjourn requires an immediate adjournment to the next regularly scheduled meeting;
ii. A motion to recess requires the Committee to take a brief recess of time specified by the Chair;
iii. A motion to fix the time to adjourn, adjourns the meeting to a specific date and time; and
iv. A motion to table puts the agenda item on hold until a future meeting, this can be a specified time or a date to be determined.

A motion to withdraw can be made by the Committee Member who proposed the motion.

The motion is immediately deemed withdrawn and the Chair may ask if any member of the Committee wishes to move the motion.

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City of Hesperia

STAFF REPORT

DATE: December 19, 2023
TO: Mayor and Council Members
Chair and Board Members, Hesperia Water District

FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager

SUBJECT: Discussion of Potential Measures for the 2024 General Election Ballot

RECOMMENDED ACTION

It is recommended that the City Council provide direction to staff on potential measures to be placed on the ballot for the General Election occurring on November 05, 2024.

BACKGROUND

During the October 17, 2023 City Council meeting, Council Member Gregg requested a staff report for the discussion and consideration by the City Council for meausres to be placed in the ballot for the General Election.

ISSUES/ANALYSIS

While the first deadline for measures to appear on the General Election will occur on Monday, July 22, 2024, the City Council will need to approve the following prior to the end of Fiscal Year 2023-24.
 Resolution to submit a measure to the voters
 Proposed ordinance
 Creation of a ballot question
 Resolution to authorize the City Attorney to draft an impartial analysis  Resolution Authoring Rebuttals
Furthermore, the following table from the San Bernardino County – Registrar of Voters details the deadlines for the 2024 General Election upon approvals by the City Council.

Event
Resolution received 116 or more days
before election date
Resolution received between 115 and 88 days
before election date
Impartial Analysis
submission deadline By 5 p.m., 106 days before election By 5 p.m., 78 days before election Argument submission deadline By noon, 106 days before election By noon, 78 days before election Rebuttal submission deadline By 5 p.m., 102 days before election By 5 p.m. 74 days before election End of 10-day public examination
period for Arguments Noon, 96 days before election Noon, 68 days before election End of 10-day public examination
period for Rebuttals 5 p.m., 92 days before election 5 p.m. 64 days before election Assignment of measure letters 11 a.m., 85 days before election Deadline to withdraw measure 5 p.m., 83 days before election Planned Measure Deadlines

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Staff Report to the Mayor, Council Members and Chair and Board Members of the Hesperia Water District Discussion of Potential Measures for the 2024 General Election Ballot December 19, 2023

FISCAL IMPACT

All cities within the County share the costs of the General Election. The costs will increase for each measure that the City places on the ballot, however, these increased costs are substantially less than conducting a special election. Currently, there are no fiscal impacts of ballot costs.

ALTERNATIVES

1. Provide direction to staff.

ATTACHMENT(S)

None

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Hesperia City CouncilJanuary 16, 2024

Hesperia City Council
January 16, 2024