HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HOUSING AUTHORITY
COMMUNITY DEVELOPMENT COMMISSION
WATER DISTRICT
Meeting Agenda
Tuesday, February 6, 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.
To leave a Public Comment by phone, call and leave a recorded message at (760) 947-1056 up to 5:30 pm on the day of the scheduled meeting. City Council meetings may be viewed live or after the event on the City’s website at www.cityofhesperia.us.
February 6, 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 Legal Counsel - Potential Litigation:
Government Code Section 54956.9(d)(4)
1. One (1) Case
Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(d)1
1. NuLevel Partners, Inc. v. City of Hesperia, et al. (SBSC No. CIVSB2133905)
2. Assistant Secretary for FHEO v. City of Hesperia, California, et al.; Case Number 09-16-4717-8
CALL TO ORDER - 6:30 PM
A. Invocation
February 6, 2024City Council Meeting Agenda
B. Pledge of Allegiance to the Flag
C. Roll Call
Mayor Larry Bird
Mayor Pro Tem Rebekah Swanson
Council Member Brigit Bennington
Council Member Cameron Gregg
Council Member Allison Lee
D. Agenda Revisions and Announcements by City Clerk
E. Closed Session Reports by City Attorney
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Individuals wishing to speak during General Public Comments or on a particular numbered item are requested to submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the joint agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.
In compliance with the Brown Act, the City Council may not discuss or take action on non-agenda items or engage in question and answer sessions with the public. The City Council may ask brief questions for clarification; provide a reference to staff or other resources for factual information and direct staff to add an item to a subsequent meeting.
JOINT CONSENT CALENDAR
1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, January 16, 2024.
Recommended Action:
It
is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, January 16, 2024.
Staff Person: Assistant City Clerk Erin Baum
Draft CC Min 2024-1-16Attachments:
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
February 6, 2024City Council Meeting Agenda
SR Warrant Run 2-6-2024
Attachment 1 - Warrant Run
Attachments:
3. Resolution Defining HJPFA Regular Meeting Schedule
Recommended Action:
It
is recommended that the City Council adopt Hesperia Joint Public Finance Authority (HJPFA) Resolution 2024-01 defining the specific regular meeting schedule for the Hesperia Joint Public Finance Authority.
Staff Person: Deputy City Manager/City Clerk Melinda Sayre SR Resolution defining HJPFA Regular Meeting Schedule 2-6-2024 Reso HJPFA 2024-01
Attachments:
4. Antony's Animal Hospital Contract Amendment
Recommended Action:
It
is recommended that the City Council authorize the City Manager to approve an amendment of $25,360 to the existing contract with Antony’s Animal Hospital, for a revised not-to-exceed contract amount of $75,360 for spay, neuter, exams and emergency animal care.
Staff Person: Acting Code Compliance Manager Caleb Enriquez SR Antony's Animal Hospital Contract Amendment 2-6-2024Attachments:
PUBLIC HEARING
Individuals wishing to comment on public hearing items must submit a speaker slip to the City Clerk with the numbered agenda item noted. Speaker slips should be turned in prior to an agenda item being taken up.
Comments will be limited to five minutes for Public Hearing items.
WAIVE READING OF ORDINANCES
Approve the reading by title of all ordinances and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
5. Urgency Ordinance-Single Price Overstock/Discount Stores Moratorium Recommended Action:
It
is recommended that the City Council waive further reading and adopt Urgency Ordinance 2024-02 pursuant to California Government Code Section 65858 establishing a forty-five (45) day moratorium on the establishment or expansion of Single Price overstock/discount stores, or store as appropriate (SPODS); and to authorize the City Manager to direct staff to review and survey the development standards for SPODS from surrounding jurisdictions.
Staff Person: Principal Planner Ryan Leonard
SR Urgency Ordinance Overstock/Discount Stores Moratorium 2-6-2024 Ordinance 2024-02
Attachments:
COUNCIL COMMITTEE REPORTS AND COMMENTS
February 6, 2024City Council Meeting Agenda
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 31, 2023 at 5:30 p.m. pursuant to California Government Code §54954.2.
_____________________________
Erin Baum,
Assistant City Clerk
Documents produced by the City and distributed less than 72 hours prior to the meeting regarding items on the agenda will be made available in the City Clerk's Office during normal business hours.
City of Hesperia
City of Hesperia
Meeting Minutes - Draft
City Council
Tuesday, January 16, 2024 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: 5 - Mayor Bird, Mayor Pro Tem Swanson, Council Member Gregg, Council Member Bennington and Co
uncil Member 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 Negotia
tion: Price and terms
CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Present: 5 - Mayor Bird, Mayor Pro Tem Swanson, Council Member Gregg, Council Member Bennington and Co
uncil Member Lee
D. A genda Revisions and Announcements by City Clerk
E.
Closed Session Reports by City Attorney
ANNOUNCEMENTS/PRESENTATIONS
City Council Chambers
9700 Seventh Ave.
Hesperia CA, 92345
City of Hesperia
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) The following members of the public commented:
Bob Nelson, via voicemail
Jeremy Kern
Keping Qui
Yolette Rios
Avely Solares
Flaviano Solares
Lynne Litchfield
Chris Ochoa
Emilee Anna
JOINT CONSENT CALENDAR
Bob Nelson commented via voicemail on items 5, 6, 9, and 10.
A motion was made by Bennington, seconded by Swanson, that the Joint Consent Calendar be approved. The motion carried b
y the following vote:
Aye: 5 - Bird, Swanson, Gregg, Bennington, and Lee
Nay: 0
1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, December 19, 2023.
Recommended Action:
It is recomm
ended that the City Council approve the Draft Minutes from the Regular Meeting held
Tuesday, December 19, 2023.
Sponsors: Assistant Cit
y Clerk Erin Baum
2. Warrant Run Report (City-Successor Agency- Housing Authority- Community Developm ent Commission-
Water)
Recommended Action:
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Succes sor Agency to the Hesperia Co
mmunity Redevelopment Agency, Hesperia Housing Authority, Comm unity Developm
ent Commission, and Water District.
Sponsors: Assistant City Manager Casey Brooksher
3. 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, Succes sor
Agency to the Hesperia Co
mmunity Redevelopment Agency, Hesperia Housing Authority, Comm unity Developm
ent Commission, and Water District.
City of Hesperia
Sponsors: Assistant City Manager Casey Brooksher
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 activit y
that occurred during Fiscal
Year (FY) 2022-2023.
Sponsors: Assistant City Manager Casey Brooksher
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 agreem ent with LANAIR Technology Group Inc. f
or a not-to-exceed contract amount of $109,421 for cyber and system
security and data protection software licensing and support.
Sponsors: Assistant City Manager Casey Brooksher
6. Pacific Products & Services, LLC Contract Amendment
Recommended Action:
It is recommended that the City Council authorize the City Manager to amend the existing agreem ent 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.
Sponsors: Management Analyst Marc Morales
7. G & M Automotive Center, Inc. Contract Amendment
Recommend
ed Action:
It is recommended that the City Council and Board of Directors of the Hesperia Water District authorize the City Manager to am
end the current contract with G & M Automotive Center, Inc. in the amount of $75,000 for a
new not-to-exceed contract amount of $575,000 for vehicle maintenance and repairs.
Sponsors: Management Analyst Marc Morales
8. 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 Overr
ide 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.
Sponsors: Interim Director of
Public Works Mark Faherty
9. Fire Riser Inspection and Repair Services Contract Amendment Recommended Action:
City of Hesperia
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.
Sponsors: Interim Director of Public Works Mark Faherty
10. Consideration of Annual Update of the City Council Procedures Manual Recommend
ed Action:
It is recommended that the City Council review and approve housekeeping updates to the City Council Procedures Manual for 202
4. Sponsors: Deputy City Manager/City Clerk Melinda Sayre
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 E
lection occurring on November 05, 2024.
Sponsors: Assistant City Manager Casey Brooksher
Bob Nelson commented via voicemail on this item.
COUNCIL COMMITTEE REPORTS AND COMMENTS
The Mayor, Mayor Pro Tem, and Council members reported from various events and Committees.
Council Member Gregg requested staff agendize a Resolution opposing measure W and bring forward an item to discuss promoting economic growth.
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
None.
ADJOURNMENT
The meeting was adjourned at 8:01 p.m.
_____________________________
Erin Baum,
Assistant City Clerk
City of Hesperia
STAFF REPORT
DATE: February 06, 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
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
BACKGROUND
The Warrant Run totals represented below are for th e period December 9 , 2023 through December 29, 2023.
The wire amount total is as follows:
$771,044.00 to Fidelity National Title Company for purchase of APN 0398-251-30.
ATTACHMENT(S)
1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $5,239,819.95 $287,418.24 $771,044.00 $6,298,282.19 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 11,175.16 188.50 0.00 11,363.66
Community Development Commission 0.00 0.00 0.00 0.00
Water 1,676,762.63 123,482.00 0.00 1,800,244.63
Totals $6,927,757.74 $411,088.74 $771,044.00 $8,109,890.48
YEAR-TO PRIOR FY YTD
W/E W/E W/E WARRANT DATE DATE
FUND # FUND NAME 12/15/2023 12/22/2023 12/29/2023 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 117,837.55$ 2,377,554.65$ -$ 2,495,392.20$ 771,044.00$ 19,450,839.17$ 16,399,511.55$ 105 PENSION OBLIGATION TRUST -$ -$ -$ -$ - $ -$ -$ 106 OPEB TRUST -$ -$ -$ -$ -$ -$ -$
200 HESPERIA FIRE DISTRICT -$ -$ -$ -$ - $ -$ -$ 204 MEASURE I - RENEWAL 176.40$ 4,178.55$ -$ 4,354.95$ - $ 441,204.86$ 225,534.51$ 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 -$ -$ -$ -$ - $ 281,331.85$ 61,449.86$
254 AB2766 - TRANSIT -$ -$ -$ -$ - $ -$ -$
255 AB3229 SUPPLEMENTAL LAW -$ -$ -$ -$ - $ -$ -$ 256 ENVIRONMENTAL PROGRAMS GRANT 3,280.50$ -$ -$ 3,280.50$ - $ 19,194.47$ 19,390.13$ 262 SB 1383 LOCAL ASSISTANCE GRANT -$ -$ -$ -$ - $ -$ 30,900.00$ 263
STREETS MAINTENANCE 70,537.94$ 74,218.80$ -$ 144,756.74$ - $ 1,213,035.08$ 1,072,804.51$ 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 100.80$ 331,855.53$ -$ 331,956.33$ - $ 1,798,507.65$ 2,368,861.38$ 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$ 657,175.62$ 504 CITY WIDE STREETS - CIP -$ 1,615,837.16$ -$ 1,615,837.16$ - $ 8,346,104.67$ 6,188,829.24$ 509
CITY FACILITIES CIP -$ -$ -$ -$ - $ -$ -$
800 EMPLOYEE BENEFITS 205,316.30$ 46,110.51$ 180,648.67$ 432,075.48$ - $ 4,523,264.01$ 4,412,929.86$ 801 TRUST/AGENCY 93,301.10$ 38,510.19$ -$ 131,811.29$ - $ 1,226,618.36$ 1,247,183.96$ 802 AD 91-1 AGENCY -$ -$ -$ -$ - $ -$ -$
804 TRUST-INTEREST BEARING -$ 80,355.30$ -$ 80,355.30$ -$ 207,077.00$ 82,777.50$ 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 490,550.59$ 4,568,620.69$ 180,648.67$ 5,239,819.95$ 771,044.00$ 42,826,722.29$ 36,333,186.38$ 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 -$ 11,175.16$ -$ 11,175.16$ - $ 20,174.50$ 31,865.22$ HOUSING AUTHORITY -$ 11,175.16$ -$ 11,175.16$ - $ 20,174.50$ 31,865.22$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ -$ -$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ - $ -$ -$ 700
WATER OPERATING 357,252.34$ 252,667.23$ (0.01)$ 609,919.56$ - $ 5,788,710.50$ 4,537,279.29$ 701 WATER CAPITAL -$ -$ -$ -$ - $ 313,800.00$ 28,798.00$ 710 SEWER OPERATING 458,079.09$ 23,789.32$ -$ 481,868.41$ - $ 3,127,370.98$ 2,873,476.72$ 711 SEWER CAPITAL 545,919.40$ 38,187.50$ -$ 584,106.90$ -$ 1,112,082.00$ 207,644.07$ 720 RECLAIMED WATER OPERATIONS -$ 867.76$ -$ 867.76$ - $ 31,070.77$ 17,457.91$ WATER 1,361,250.83$ 315,511.81$ (0.01)$ 1,676,762.63$ - $ 10,373,034.25$ 7,664,655.99$ ACCOUNTS PAYABLE TOTAL 1,851,801.42$ 4,895,307.66$ 180,648.66$ 6,927,757.74$ 771,044.00$ 61,305,364.93$ 51,775,877.57$ REG. PAYROLL
City 287,418.24$ 287,418.24$ -$ 3,898,322.47$ 3,562,958.77$ Housing Authority 188.50$ 188.50$ - $ 2,534.12$ 2,360.82$ Water 123,482.00$ 123,482.00$ - $ 1,650,761.22$ 1,461,137.06$
PAYROLL TOTAL -$ 411,088.74$ -$ 411,088.74$ - $ 5,551,617.81$ 5,026,456.65$ *No payments were issued on July 1, 2023.
City of Hesperia
WARRANT RUNS
12/9/2023-12/29/2023
Attachment 1
City of Hesperia
STAFF REPORT
DATE: February 6, 2024
TO: City Council of the City of Hesperia
FROM: Rachel Molina, City Manager
BY: Melinda Sayre, Deputy City Manager/City Clerk
SUBJECT: Resolution Defining HJPFA Regular Meeting Schedule.
RECOMMENDED ACTION
It is recommended that the City Council adopt Hesperia Joint Public Finance Authority (HJPFA) Resolution 2024-01 defining the specific regular meeting schedule for the Hesperia Joint Public Finance Authority.
BACKGROUND
On October 2, 2012, the City of Hesperia (the “City) and the Hesperia Water District (the “District”) passed Resolution 2012 -068, entering into a Joint Exercise of Powers Agreement establishing the Hesperia Joint Public Finance Authority (HJPFA) for the purpose of providing financial assistance to the City and the District.
ISSUES/ANALYSIS
Resolution 2012 -068 establishing the H esperia Joint Public Finance Authority does not state specifically the intended schedule of regular meetings. In order avoid any future confusion, HJPFA Resolution 2024 -01 establishes that regular meeting s for the Hesperia Joint Public Finance Authority will occur at the same time and location as the regular meetings of the Hesperia City Council.
FISCAL IMPACT
There is no fiscal impact associated with this Resolution.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. HJPFA Resolution No. 2024-01
RESOLUTION NO. HJPFA 2024-01
A RESOLUTION OF THE HESPERIA JOINT PUBLIC FINANCE AUTHORITY,
ESTABLISHING REGULAR MEETING DATE, TIME, AND LOCATION
WHEREAS, the City of Hesperia (the “City”) and the Hesperia Water District (the “Water District”) entered into a Joint Exercise of Powers Agreement through Resolution 2012 -068, dated as of October 2, 2012, establishing the Hesperia Joint Public finance Authority (the “Authority”) for the purpose of providing financial assistance to the City and the District; and WHEREAS, Resolution 2012-068 did not establish a specific schedule and location for regular meetings of the Authority; and
WHEREAS, the Authority wishes t o amend Resolution 2012 -068 establishing the time and location of regular meetings.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA JOINT PUBLIC FINANCE AUTHORITY AS FOLLOWS:
Section 1. The Hesperia Joint Public Finance Authority hereby establishes that the regular meetings of the Authority be held at the same date, time, and location as the regular meetings of the City of Hesperia City Council.
Section 2. This resolution shall take effect immediately upon its pssage and adoption.
Section 3. That City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 6th day of February 2024.
______________________________
Larry Bird, Mayor
ATTEST:
____________________________
Erin Baum, Assistant City Clerk
City of Hesperia
STAFF REPORT
DATE: February 6, 2024
TO: Mayor and Council Members
FROM: Rachel Molina, City Manager
BY: Melinda Sayre, Deputy City Manager/City Clerk
Caleb Enriquez, Acting Code Compliance Manager
SUBJECT: Antony’s Animal Hospital Contract Amendment
RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager to approve an amendment of $25,360 to the existing contract with Antony’s Animal Hospital , for a revised not -to-exceed contract amount of $75,360 for spay, neuter, exams and emergency animal care.
BACKGROUND
Beginning in 2011 through August 2023, the City contracted with an onsite veterin arian. This allowed the City reduced costs related to veterinary services. Through the onsite veterinarian, the City was afforded the benefit of proximity, priority of services and volume discounting. At the beginning of Fiscal Year 2023 -24, the City unexpectedly lost services of the onsite contracted veterinarian and on August 24, 2023 the City conducted a request for bid for spay, neuter, and emergency animal care services. Antony’s Animal Hospital was the only bid submitted and a contract was awarded on September 6, 2023.
ISSUES/ANALYSIS
The current contract with Antony’s Animal Hospital is for a not -to-exceed amount of $50,000.
Based on expenses incurred year -to-date, staff estimates that an additional $ 25,360 is needed for the remainder of the fiscal year.
FISCAL IMPACT
Funding for the additional $25,360 will be submitted as a budget amendment during the Mid-Year Budget Review.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
None
THIS PAGE LEFT INTENTIONALLY BLANK
City of Hesperia
STAFF REPORT
DATE: February 6, 2024
TO: Mayor and Council Members
FROM: Rachel Molina, City Manager
BY: Nathan R. Freeman, Director of Development Services Ryan Leonard, Principal Planner
SUBJECT: Urgency Ordinance-Single Price Overstock/Discount Stores Moratorium
RECOMMENDED ACTION
It is recommended that the City Council waive further reading and adopt Urgency Ordinance 2024-02 pursuant to California Government Code Section 65858 establishing a forty-five (45) day moratorium on the establishment or expansion of single price overstock/discount stores, or store as appropriate, (SPODS); and to authorize the City Manager to direct staff to re view and survey the development standards for SPODS from surrounding jurisdictions.
BACKGROUND
Pursuant to State law, Government Code Section 65858, a city may enact an interim zoning ordinance on an urgency basis (“Urgency Ordinance”) for the protection of public safety, health, and welfare by prohibiting any use(s) that a city is intending to study within a reasonable period of time. An Urgency Ordinance takes effect immediately upon adoption and no public hearing notice is required. If approved, the Urgency Ordinance will be effective for a period of 45 days from the date of adoption. The City may extend the Urgency Ordinance for a period of 10 months and 15 days with public notice and a public hearing . A written report is required pur suant to Government Code Section 65858(d) describing the measures taken to alleviate the conditions that led up to the adoption of the Urgency Ordinance, and said report must be published either before the Urgency Ordinance’s expiration or extension.
A SPODS is generally defined as a retail store that is less than 15,000 square feet that sells individual items generally obtained through outlet, close -out, discontinued, liquidation, or overstock, primarily at a single discount price or in the low and very low price ranges (e.g., $10.00, or less). A SPODS dedicates less than fifteen percent (15%) of shelf space to fresh or frozen foods and produce and sells at retail an assortment of physical goods, products or merchandise directly to the consumer, including food or beverage for off -premises consumption, personal grooming and health products, household goods, and other consumer products.
ISSUES/ANALYSIS
SPODS may have a profound impact on the public health, safety, general welfare, and quality of life of surrounding communities and tend to proliferate in low -income neighborhoods. SPODS typically have lower quality items, items that cost much more per ounce over time, and limited access to fresh foods for vulnerable neighborhoods. Additionally, SPODS generally employ fewer people at lower wages than grocery stores and tend to depend on taxpayers to subsidize their
Staff Report to the Mayor and Council Members
Urgency Ordinance - Single Price Overstock/Discount Stores Moratorium February 6, 2024
employees’ health insurance. Furthermore, SPODS contribute to local resident fear of safety by being a source of trash, lo itering, or graffiti, and theft in and around them due to their lack of security.
The City’s current zoning code does not specifically identify SPODS as permitted by right or as a conditional use, so no specific regulations to curb threats to public health, safety, or welfare exist.
As developable land becomes scarcer in the City, there is concern that the proliferation of SPODS without further regulation could have adverse impacts on the City. SPODS tend to operate in minimally developed spaces , discourage the upgrading of the existing area and its future economic vibrancy, and are inconsistent with the goal of upgrading the commercial areas. Should SPODS continue to be permitted to locate within the commercial areas of the City without further regulation, such development s would constitute a current and immediate threat to the public health, safety, and welfare in that such a development will start an irrevocable downward shift in the economic and aesthetic value of the area and thus act as a bar to the goals of the City
Currently, the City has seventeen (17) single price overstock discount stores within the City:
Number Company Location
1 Dollar Tree Main St/ 8th Ave
2 Family Dollar Main St / Hickory Ave
3 Dollar Tree Main St / I Ave
4 Dollar Tree Main St / Escondido Ave
5 Button’s Discount Store Main St/G Ave
6 99 Cents Only Main St / G Ave
7 99 Cents Only Main St / Topaz Ave.
8 Dollar General I Avenue/Danbury Ave
9 M&M $.99+ Store Main St / 11th Ave
10 760 Discount Tools Hesperia Rd/Mesa St
11 Elite Tools and More Main St/Eighth Ave
12 Second Time Around Bin Store Hesperia Rd/Sequoia St
13 High Desert Thunder Deals Main St/Eighth Ave
14 99 Cent Discount Store Main St/C Ave
15 99 Cent and Plus Bear Valley Rd/Hesperia Rd
(PENDNG)
16 H&R Discount Main St/8th Ave
17 Cash Deal and More Main St/7th Ave
Staff intends to study the issues associated with SPODS to determine which locations are most appropriate to mitigate any potential adverse impacts on the City. This includes reviewing land use definitions for SPODS to determine if revisions are needed, evaluating all land use districts where SPODS are permitted for suitability and study development standards and best practices from other jurisdictions to determine if they would be appropriate City-wide.
Staff believes that continued approval of entitlements, building permits, or other approvals for new SPODS without further regulations or studies poses a current and immediate threat to public health, safety, and general welfare. Further regulations are needed for the purpose of protecting neighborhoods from negative secondary effects created by the concentration or clustering of such
Staff Report to the Mayor and Council Members
Urgency Ordinance - Single Price Overstock/Discount Stores Moratorium February 6, 2024
businesses. The regulations will help to avoid and reduce over -concentration and to maintain cleanliness for the health and safety of residents within the City’s neighborhoods.
As previously noted, per Government Code Section 65858, a municipality may adopt an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time, for the immediate preservation of the general health, safety, or welfare, provided the ordinance contains a declaration of the facts constituting the urgency, and is passed by not less than a four -fifths (4/5) vote of the City Council.
ENVIRONMENTAL REVIEW
The City, as the Lead Agency, has determined that the proposed interim ordinance is exempt from further review under the California Environmental Quality Act (California Public Resources Code 21000, et seq., "CEQA"). Section 15378 of the CEQA Guidelines provides that an activity is a project subject to CEQA when action that has the potential for resulting in physical change to the environment, either directly or indirectly. Section 15061(b)(3) of the CEQA Guidelines provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The City has determined that there is no possibility that the proposed ordina nce may have a potential for resulting in physical change to the environment, or that if it does have the potential, there is no possibility that the activity in question may have a significant effect on the environment.
FISCAL IMPACT
There are no fiscal impacts identified with this action.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
1. Urgency Ordinance 2024-02
ORDINANCE NO. 2024-02
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
HESPERIA, CALIFORNIA , ENACTED PURSUANT TO
CALIFORNIA GOVERNMENT CODE S ECTION 65858
ESTABLISHING A 45-DAY MORATORIUM ON THE
ESTABLISHMENT OR EX PANSION OF SINGLE PRICE
OVERSTOCK/DISCOUNT STOR ES WITHIN CITY LIMITS
DURING THE PENDENCY OF THE CITY ’S REVIEW AND
ADOPTION OF PERMANENT ZONING REGULATIONS FOR
SUCH USES
WHEREAS, the City of Hesperia has the authority and responsibility to protect the public health, safety, and welfare of the C ity, and is respons ible for adop ting and i mplementing land use regulations within its boundaries; and
WHEREAS, a single price overstock/discount store (or stores as appropriate) (SPODS) is generally defined as a retail store less than 15,000 square feet that sells individual items generally obtained through outlet, close-out, discontinued, liquidation, or overstock, primarily at a single discount price or in the low and very low price ranges (e.g., $10.00, or less); and SPODS dedicate less than fifteen percent (15%) of shelf space to fresh or frozen foods and produce and sells at retail an assortment of physical goods, products, or merchandise directly to the consumer, including food or beverage for off-premises consumption, personal grooming and health products, household goods, and other consumer products; and
WHEREAS, the Hesperia Municipal Code does not specifically identify SPODS as permitted by right or as a conditional use, so no specific regulations to curb threats to public health, safety, or welfare exist; and
WHEREAS, as developable land becomes scarcer in the City, there is concern that the proliferation of SPODS without further regulation can have adverse impacts on the City: SPODS have profound impact on the health and quality of li fe of the surrounding neighborhoods and proliferate in low- income neighborhoods; SPODS typically have lower quality items that cost much more per ounce over time and contribute to local residents’ fear of safety by being a source of trash, loitering, or graffiti; and theft in and around SPODS due to their lack of security can damage further health and safety by discouraging residents from engaging in their communities; and WHEREAS, SPODS tend to operate in minimally developed spaces, discourage the upgrading of the existing area and its future economic vibrancy, and are inconsistent with the goal of upgrading the commercial areas; and
WHEREAS, the City’s permissive policy towards SPODS could result in a n overproliferation or oversaturation of said uses within the City; and
WHEREAS, absent clear regulation, the overproliferation and oversaturation of SPODS in the City pose a threat to the public peace, health, and safety, and, unless the City takes action to regulate the impacts described above, such developments would constitute a current and immediate threat to the public health , safety , and welfare in that such developments will start an irrevocable downward shift in the economic and aesthetic value of the area and thus act as a bar to the goals of the City; and
WHEREAS, the City intends to s tudy the issues associated with SPODS to determine which locations are most appropriate to mitigate any potential adverse imp acts on the City , including reviewing land use definitions for SPODS to determine if revisions are needed, evaluating all land use districts where SPODS are permitted for suitability, and studying development standards and best practices from other jurisdictions to determine if they would be appropriate City-wide; and WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety and to prohibit a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal tha t the legislative body, planning commission , or the planning department is considering or studying or intends to study within a reasonable time; and WHEREAS, after undertaking this study the City intends to enact regulations specific to SPODS.
The City intends to undertake the required study within a reasonable time. In the interim, the City Council finds it necessary to establish a moratorium on the development of new SPODS or the expansion of existing SPODS in order to prevent a conflict with the contemplated new policies or regulations; and
WHEREAS, continued approval of entitlements, building permits, or other approvals for new or expanded SPODS poses a current and immediate threat to the public health, safety, or general welfare. There is therefore an urgent necessity f or the City to establish a moratorium on the establishment or expansion of SPODS to take effect immediately;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERI A DOES HEREBY ORDAIN AS FOLLOWS.
SECTION 1. FINDINGS
The City Council finds the facts set forth in the recitals in this Urgency Ordinance are true and correct, and are hereby incorporated by reference. Additionally, based on the foregoing, both verbal and written testimony at the public hearing, including the staff report, e xhibits, and any materials provided by members of the public, the City Council finds as follows:
A. This Ordinance is being adopted in order to allow the City time to thoroughly study and develop the City’s laws, rules, procedures, and fees related to the operation and establishment of SPODS, to adequately and appropriately balance the rights of existing operators and future applicants who wish to establish or expand SPODS in the City , and to adequately and approp riately preserve the health, safety , and welfare of the community in the City of Hesperia.
B. For the purposes of this Ordinance, SPODS are generally defined as retail stores less than 15,000 square feet that sell individual items generally obtained through outlet, close -out, discontinued, liquidation, or overstock, primarily at a single discount price or in the low and very low price ranges (e.g., $10.00, or less ).
SPODS dedicate less than fifteen percent (15%) of shelf space to fresh or frozen foods and produce and sells at retail an assortment of physical goods, products or merchandise directly to the consumer, including food or beverage for off-premises consumption, personal grooming and health products, household goods and other consumer products.
C. The City finds that in the absence of a regulatory framework to govern SPODS, the adverse impacts frequently associated with SPODS likely will occur , resulting in unregulated and significant negative impacts upon the public health, safety, and welfare of the community.
D. The City finds that the adverse impacts from SPODS include the following:
(1) The proliferation of SPODS throughout the City without due consideration presents an immediate threat to p ublic health, safety, or welfare because they have profound impact on the health and quality of li fe of surrounding neighborhoods and proliferate in low-income neighborhoods. They typically have lower quality items that cost much more per ounce over time and contribute to local residents’ fear o f safety by being a source of trash, loitering, or graffiti, and theft in and around SPODS due to their lack of security can damage further health by discouraging residents from engaging in their communities; and
(2) SPODS tend to operate in minimally developed spaces , discourage the upgrading of the existing area and its f uture economic vibrancy, and are inconsistent with the goal of upgrading the commercial areas; and (3) The overproliferation and oversaturation of SPODS in the City poses a threat to the public peace, health, and safety, and, unless the City takes action to regulate, the impacts described above, such developments would constitute a current and immediate threat to the public health, safety and welfare in that such developments will start an irrevocable downward shift in the economic and aesthetic value of the area and thus act as a bar to the goals of the City; and
E. The City also finds that SPODS could have a negative economic impact for the City as follows:
(1) The use provides little economic benefit to the City or City residents, as there are minimal sales tax revenues associated with the use and typical wages paid would not increase the City’s overall median income; and (2) The continued establishment of single price overstock/discount stores will result in the loss of desirable commercial sites throughout the City and the loss of potential revenues; and.
F. The City needs time to draft a proposed text amendment to the Zoning Code to preserve the health, safety, and welfare of the community in the City of Hesperia with respect to the operation of SPODS.
SECTION 2. AUTHORITY AND EFFECT
The State Planning and Zoning Law (Cal. Gov’t Code Sections 650 00, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health , safety, and welfare, and a balancing of property ri ghts and the desires of the community and how its citizens envision their city.
SECTION 3. MORATORIUM
A. During the Effective Period of this Ordinance as specified below, no permit shall be issued for any development of any single price/overstock discount store, nor may a permit be issued for the expansion of an single price/overstock discount store, within the City. The foregoing shall explicitly prohibit the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license, or any other entitlement involving businesses defined as a single price/overstock discount store herein, during the Effective Period.
B. Notwithstanding the foregoing, any existing SPODS shall be allowed to obtain their annual City of Hesperia business license. Additionally, permits may be issued for minor construction, rehabilitation and landscaping or other purposes not involving an expansion of building area. Any SPODS under construction with a valid building permit or any SPODS approved by the Planning Commission on the effective date of this Urgency Ordinance shall be exempt from this Urgency Ordinance.
SECTION 4. STUDY AND DEVELOPMENT
During the period of this Ordinance, the City shall study and develop as necessary City laws, rules, procedures, and fees related to SPODS, to enable the City to adequately and appropriately preserve the heal th, safety, and welfare of the community in the City of Hesperia. Pursuant to Government Code Section 65858 the Planning Manager will issue a report for the legislative body on what has been accomplished during the moratorium before it expires or is extended.
SECTION 5. URGENCY MEASURE
It i s hereby declared that this Ordinanc e is necessary as an urgency measure for the preservation of the public health, safety, and welfare. The City Council finds that current zoning regulations and l and use plans do no t adequately r egulate the establishment and operation of SPODS and therefore do not adequately protect the peace, health, safety, and general welfare of the residents of the City or in communities around the City. The City Council finds the urgency measure is necessary in order to ensure adequate regulation of the operation of SPODS. The facts constituting the urgency are:
The City of Hesperia does not currently have clear standards in the Hesperia Municipal Code related specifically to the establishment and expansion of SPODS within the City. The negative impacts frequently associated with operation of SPODS will likely increase as SPODS continue t o prolifera te throughout the City, resulting in an unregulated and significant negative impact upon public health, safety, and welfare of the community. To permit the proliferation of SPODS to continue within the City without being subject to specific regulations that are consistent with the General Plan, and that take into account the impacts that such establishments have, constitutes a threat to the public’s health, safety, and welfare. SPODS typically have lower quality items that cost much more per ounce over time and contribute to local residents’ fear of safety by being a source of trash, loitering, or graffiti, and theft in and around them due to their lack of security which can damage further health by discouraging residents from engaging in their communities. In addition, they tend to operate in minimally developed spaces, discourage the upgrading of the existing area and its future ec onomic vibrancy, and are inconsistent with the goal of upgrading the commercial areas.
SPODS are likely to seek to be located in the City based on the lack of explicit regulations, which will further exacerbate the impacts of such businesses. Absent the adoption of this Interim Urgency Ordinance, the operation of SPODS in the City would likely result i n the n egative and harmful secondary effects, as identified above, including, but not limited to, increased public health and safety concerns, and other impacts identified herein.
As a result of t he negative and harmful secondary effects associated with i mproperly regulated or unregulated operation of SPODS, the cur rent and imme diate threat such effects pose to the public health, safety, and welfare, it is necessary to adopt a temporary, forty-five (45) day moratorium on the establishment of new, or the expansion of existin g SPODS in the City.
A moratorium is immediately required to preserve the public health, safety, and welfare and should be adop ted immediat ely a s an urgency ord inance, to m ake certain that the establishment and expansion of SPODS are prohibited for the period of this Ordinance.
Imposition of a moratorium will allow the City sufficient time to conclude the preparation of a comprehensive ordinance for the regulation of such activities.
SECTION 6. SEVERABILITY
The City Council hereby declares, if any provision, se ction, subsection, paragraph, sentence, phrase or word of this Ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would ha ve independently adop ted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this Ordinance and as such they shall remain in full force and effect.
SECTION 7. CEQA COMPLIANCE
Pursuant to the California Environmental Quality Act Guidelines ("CEQA," California Code of Regulations Title 14, §§ 15000 et seq.), this Interim Urgency Ordinance is exempt fr om CEQA based on the following: (i) this Ordinance is not a project within the meaning of CEQA Section 15378 because it has no potential for resulting in physical change to the environment, either directly or indirectly and (ii) this Ordinance is also exempt pursuant to CEQA Section 15061(b)(3) since the proposed ordinance involves an Interim Urgency Ordinance establishing a 45 -day t emporary moratorium on the establishment of SPODS and thus there is no possibility that the proposed ordinance may have a significant effect on the environment.
SECTION 8. EFFECTIVENESS OF ORDINANCE.
This Ordinance shall take effect immediately upon its adoption by a 4/5 vote, pursuant to the authority conferred upon the City Council by Government Code Sections 36934, 36937, and 65858.
This Ordinance shall be effective during the Effective Period which shall be from its adoption and shall be of no further force and effect forty-five (45) days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code Section 65858(b).
SECTION 9. PUBLICATION
The City Clerk shall certify as to the pa ssage and ado ption of this Interim Urgency Ordinance and shall cause the same to be published in a manner prescribed by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Hesperia, California, at a regular meeting held on this 6th day of February, 2024. ____________________________
Larry Bird, Mayor
ATTEST:
_____________________________
Erin Baum, Assistant City Clerk