Tuesday, August 19, 2025
Meeting Agenda
Closed Session - 5:45 PM
Regular Meeting - 6:30 PM
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HOUSING AUTHORITY
COMMUNITY DEVELOPMENT COMMISSION
WATER DISTRICT
HESPERIA PUBLIC FINANCING AUTHORITY - ANNUAL MEETING
HESPERIA PUBLIC FACILITIES CORPORATION - ANNUAL MEETING City Council Chambers
9700 Seventh Ave., Hesperia CA, 92345
City Clerk's Office: (760) 947-1007
City Council Members
Allison Lee, Mayor
Cameron Gregg, Mayor Pro Tem
Brigit Bennington, Council Member
Chris Ochoa, Council Member
Josh Pullen, 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) 947-1026 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.
August 19, 2025City 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
HESPERIA PUBLIC FINANCING AUTHORITY - ANNUAL MEETING
HESPERIA PUBLIC FACILITIES CORPORATION - ANNUAL MEETING 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 - 5:45PM
Roll Call
Mayor Allison Lee
Mayor Pro Tem Cameron Gregg
Council Member Brigit Bennington
Council Member Chris Ochoa
Council Member Josh Pullen
Conference with Real Property Negotiators – Property Negotiations Government Code Section – 54956.8
1. Negotiating Parties: City of Hesperia and Sharon Chan, et al.
Location: APN: 3057-051-06
Under Negotiation: Price and terms
Conference with Legal Counsel - Potential Litigation:
Government Code Section 54956.9(d)2
1. One (1) Case
Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(d)1
1. CA Arroyo Fund, Inc., et al. v. City of Hesperia, et al. (SBSC Case No.
CIVSB 2225409)
August 19, 2025City Council Meeting Agenda
2. LCTH Investment, LP, et al. v. City of Hesperia, et al. (SBSC Case No.
CIVSB 2303245)
3. LCTH Investment, LP, et al. v. City of Hesperia, et al. (SBSC Case No.
CIVSB 2303246)
4. LCTH Investment, LP, et al. v. City of Hesperia, et al. (SBSC Case No.
CIVSB 2310835)
5. Desert-Candle, LP, et al. v. City of Hesperia, et al. (SBSC Case No.
CIVSB 2504950)
CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Mayor Allison Lee
Mayor Pro Tem Cameron Gregg
Council Member Brigit Bennington
Council Member Chris Ochoa
Council Member Josh Pullen
D. Agenda Revisions and Announcements by City Clerk
E. Closed Session Reports by City Attorney
ANNOUNCEMENTS/PRESENTATIONS
1. Review of the 2024 Annual Water Quality Report, by Jeremy McDonald - Water Operations Manager.
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 Special Meeting held Tuesday,
August 19, 2025City Council Meeting Agenda
August 5, 2025 and the Special Meeting held Tuesday, August 12, 2025 Recommended Action:
It
is recommended that the City Council approve the Draft Minutes from the Special Meeting held Tuesday, August 5, 2025 and the Special Meeting held Tuesday, August 12, 2025.
Staff Person: Deputy City Manager/City Clerk Melinda Sayre Draft CC Min 2025-08-05
Draft CC Min 2025-08-12
Attachments:
2. HESPERIA PUBLIC FACILITIES CORPORATION AND HESPERIA PUBLIC
FINANCING AUTHORITY ANNUAL MEETING ITEM
Consideration
of the Draft Minutes from the Corporation and Authority Annual Meetings held August 20, 2024.
Recommended Action:
It is recommended that the Board of Directors approve the Draft Minutes of the Corporation and Authority Annual Meetings held August 20, 2024.
Staff Person: Deputy City Manager/City Clerk Melinda Sayre Draft CC Min 2024-8-20Attachments:
3. 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 8-19-2025
Attachment 1 - Warrant Run
Attachments:
4. Treasurer’s Cash Report for the unaudited period ended June 30, 2025.
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
August 19, 2025City Council Meeting Agenda
SR Treasurer's Report 8-19-2025
Attachment 1 - Treasurer's Report
Attachments:
5. Professional Services Agreement with Kevin Palmer DBA KPC Consulting for the Economic Development Action Plan
Recommended Action:
It
is recommended that the City Council approve a Professional Services Agreement with Kevin Palmer, DBA KPC Consulting, in an amount not-to-exceed $65,000, for development of an Economic Development Action Plan, and authorize the City Manager, or designee, to execute the Agreement.
Staff Person: Director of Development Services Nathan Freeman SR KPC Consulting Agreement 8-19-2025Attachments:
6. Land Management System Maintenance and Licensing Contract Authority Recommended Action:
It
is recommended that the City Council authorize the City Manager to approve a contract amendment in the amount of $65,739 with Superion, LLC for a total not-to-exceed amount of $348,010, to provide an additional year of licensing support and maintenance of the City’s current land management system (TRAKiT).
Staff Person: Deputy Human Resources/Risk Management Director Rita Perez SR Land Management System Maintenance and Licensing Contract 8-19-2025Attachments:
7. Contract Amendment Allison Mechanical Inc.
Recommended Action:
It
is recommended that the City Council and Board of Directors of the Hesperia Water District authorize the City Manager to increase the contract authority with Allison Mechanical Inc. in the amount of $50,000 for a new not-to-exceed amount of $296,816 for air conditioning and heating scheduled maintenance and emergency repairs.
Staff Person: Director of Public Works/City Engineer Cassandra Sanchez SR Allison Mechanical 8-19-2025Attachments:
CONSENT ORDINANCES
WAIVE READING OF ORDINANCES
Approve the reading by title of all ordinances and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
8. Development Code Amendment DCA24-00003 and Specific Plan Amendment
August 19, 2025City Council Meeting Agenda
SPLA24-00005; Applicant: City of Hesperia; Area affected: City-wide.
Recommended Action:
Place
on second reading and adopt by title waiving the text of Ordinance No. 2025-03 approving Development Code Amendment DCA24-00003 and Specific Plan Amendment SPLA24-00005 to prohibit the establishment of new, or the expansion of existing outdoor pallet yards and indoor pallet manufacturing facilities.
Staff Person: Senior Planner Edgar Gonzalez
SR Prohibit establishment/expansion of Pallet Yard Facilities 7-15-2025 Attachment 1 - Ordinance 2024-10 (45 days)
Attachment 2 - Ordinance 2024-11 (Ext. 10 months & 15 days) Attachment 3 - Letters in opposition to the amendment
Attachment 4 - Exhibit A - Amended language for DCA & SPLA Ordinance 2025-03
Attachment 6 - June 12, 2025, Planning Commission Staff Report Attachments:
PUBLIC HEARING
Individuals wishing to comment on public hearing items must submit a speaker slip to the City Clerk with the numbered agenda item noted. Speaker slips should be turned in prior to an agenda item being taken up.
Comments will be limited to five minutes for Public Hearing items.
WAIVE READING OF ORDINANCES
Approve the reading by title of all ordinances and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
9. Consider Adoption of Resolution of Necessity to Acquire a portion of APN 3057-051-06 at the Southeast Corner of Escondido Avenue and Sultana Street Recommended Action:
It
is recommended that the City Council hold a hearing on the proposed Resolution of Necessity and adopt the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire the portion of property located at the Southeast Corner of Escondido Avenue and Sultana Street (APN 3057-051-06).
Staff Person: Director of Development Services Nathan Freeman SR Adoption of Resolution of Necessity 8-19-2025
Resolution 2025-33
Attachments:
COUNCIL COMMITTEE REPORTS AND COMMENTS
August 19, 2025City 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, Jessica Giber, Assistant City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Thursday, August 14, 2025 at 5:30 p.m. pursuant to California Government Code §54954.2.
_____________________________
Jessica Giber,
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
Meeting Minutes – Draft
City Council
Tuesday, August 5, 2025 3:00 PM
SPECIAL MEETING AGENDA
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HESPERIA HOUSING AUTHORITY
HESPERIA COMMUNITY DEVELOPMENT COMMISSION
HESPERIA WATER DISTRICT
NO CLOSED SESSION
CALL TO ORDER - 3:01 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Present:5 – Mayor Lee, Mayor Pro Tem Gregg, Council Member Bennington, Council Member Ochoa and Council Member Pullen
D.
Agenda Revisions and Announcements by City Clerk
E. Closed Session
Reports by City Attorney
ANNOUNCEMENTS/PRESENTATIONS
1. Presentation of City Hall Employee of the Quarter Recognition to Benjamin Leslie, GIS Specialist by Casey Brooksher, Assistant City Manager.
2. Presentation on Measure I funding by Louis Vidaure, San Bernardino County Transportation Authority.
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) The following people commented:
Robert Douwes
Robert Davie
Gina Whelan
Morning Star Apothecary
City Council Chambers
9700 Seventh Ave.
Hesperia CA, 92345
JOINT CONSENT CALENDAR
A motion was made by Ochoa, seconded by Pullen that the Joint Consent Calendar be approved.
The motion carried by the following vote:
Aye: 5 - Lee, Gregg, Bennington, Ochoa, and Pullen
Nay: 0
1. Consideration of the Draft
Minutes from the Regular Meeting held Tuesday, July 15, 2025 Recommended Action:
It is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, July 15, 2025.
Sponsors: Deputy Cit
y Manager/City Clerk Melinda Sayre
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 Co
mmunity Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Sponsors: Assistant City Manager Casey Brooksher
3. Tesco Controls, Contract Amendment
Recommended Action:
It is recommended that the Board of Directors of the Hesperia Water District (District) authorize the City Manager to
increase the contract with Tesco Controls for $9,000 for a new not-to-exceed amount of $591,900 for the upgrade of hardware, software, and radio transceivers for the Supervisory Control and Data Acquisition (SCADA) program.
Sponsors: Director of Public Works/City Engineer Cassandra Sanchez
4. Amend Measure I Fiscal Year 2024/25 - 2028/29 Five-Year Capital Improvement Plan
Recommended Action:
It is recommended that the City Council adopt Resolution No. 2025-30, amending the Measure I Five-Year Capital
Improvement Plan for Fiscal Years 2024/25 - 2028/29 to include a Traffic Signal at Seventh Avenue and Sequoia Street (CO 7173) and Escondido Avenue and Sultana Street (CO 7174).
Sponsors: Director of Public Works/City Engineer Cassandra Sanchez
5. Fiscal Year 2025/26 - 2029/30 Five Year Measure I Capital Improvement Plan
Recommended Action:
It is recommended that the City Council adopt Resolution No. 2025-31, approving the Measure I Five Year Capital Improvement Plan and
Expense Strategy for Fiscal Years 2025/26 - 2029/30.
Sponsors: Director of Public Works/City Engineer Cassandra Sanchez
6. Warehouse Commodity - Mueller Parts
Recommended Action:
It is recommended that the Board of Directors of the Hesperia Water District authorize the City Manager to appro
ve a contract for Fiscal Year (FY) 2025-26 with C Wells Pipeline in the not-to-exceed amount of $150,000, for the purchase of Mueller Water Products.
Sponsors: Director of Public Works/City Engineer Cassandra Sanchez
7. Amendment to Contract Staffing Services Agreement with ICR Staffing Services, Inc. for Administrative Support Staff
Recommended Action:
It is recommended that the City Council authorize an amendment to the Contract Staffing Services Agreement with ICR
Staff Services, Inc. (ICR Staffing) by increasing the total contract amount by $25,000 for a revised not-to-exceed amount of $75,000.
Sponsors: Director of Development Services Nathan Freeman
8. Vacation of Pipeline Easement
Recommended Action:
It is recommended that the City Council adopt Resolution No. 2025-32 to approve the Vacation of a Pipeline Easement
located east of Mesa Linda Avenue, north of Poplar Street, and south of Main Street as described in Exhibit A and Exhibit B (Applicant: Mesa Linda 68 LLC APN: 3064-601-20).
Sponsors: Administrative Analyst Dena Alcayaga
NEW BUSINESS
9. Community Assistance Program
Recommended Action:
It is recommended that the City Council provide direction to staff on whether to make adjustments to the Community A
ssistance Program (CAP).
Sponsors: Director of Development Services Nathan Freeman The following people commented on item 9:
Robert Davie
Morning Star Apothecary
A motion was made by Gregg, seconded by Lee, that this item be approved as amended to increase the CAP Program funding. The motion carried by the following vote:
Aye: 5 - Lee, Gregg, Bennington, Ochoa and Pullen
Nay: 0
10. Ordinance No. 2 (Hesperia
Municipal Code Chapter 2.08): Council-Manager Form of Government Recommended Action:
It is recommended that the Council review the following staff report and attachments to discuss whether to amend
any portion of Ordinance No. 2 (Hesperia Municipal Code Chapter 2.08) or Chapter 6, Section A, Subsection 3 of the City Council Procedures Manual.
Sponsors: City Attorney Pam K. Lee
Gina Whelan commented on item 10.
A motion was made by Gregg, seconded by Pullen, that this item be approved to not make any changes to the Ordinance and Cit
y Council Procedures Manual. The motion carried by the
following vote:
Aye: 5 - Lee, Gregg, Bennington, Ochoa and Pullen
Nay: 0
COUNCIL COMMITTEE REPORTS AND COMMENTS
The Mayor, Mayor Pro Tem and Council Members reported on various events and Committees.
Mayor Pro Tem Gregg requested to agendize an item to discuss modifying Hesperia Municipal Code regarding tenant liability for water and trash bills.
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
None
ADJOURNMENT
The meeting was adjourned at 4:41 p.m.
_____________________________
Jessica Giber,
Assistant City Clerk
City of Hesperia
Meeting Minutes – Draft
City Council
Tuesday, August 12, 2025 3:00 PM
SPECIAL MEETING AGENDA
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HESPERIA HOUSING AUTHORITY
HESPERIA COMMUNITY DEVELOPMENT COMMISSION
HESPERIA WATER DISTRICT
CALL TO ORDER - 5:31 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Present:5 – Mayor Lee, Mayor Pro Tem Gregg, Council Member Bennington, Council Member Ochoa and Counci
l Member Pullen
NEW BUSINESS
1. Sales Tax Discussion Workshop
Recommended Action:
It is recommended that the City Council do the following:
1.Receive and file this repor
t and presentation on sales taxes.
2.Provide direction to staff on whether to initiate a formal community engagement process. This process would assess public sentiment and understanding regarding a potential local sales tax measure for placement on a future ballot.
Sponsors: Assistant City Manager Casey Brooksher
The following people commented on item 1:
Jay Spencer
Robert Davie
City Council Chambers
9700 Seventh Ave.
Hesperia CA, 92345
A motion was made by Ochoa, seconded by Bennington, that this item be approved to initiate a formal community engagement process. The motion carried by the following vote:
Aye: 5 - Lee, Gregg, Bennington, Ochoa and Pullen
Nay: 0
ADJOURNMENT
The meeting was adjourned at 7:00 p.m.
_____________________________
Jessica Giber,
Assistant City Clerk
City of Hesperia
City of Hesperia
Meeting Minutes - Draft
City Council
Tuesday, August 20, 2024 6:30 PM
REGULAR MEETING AGENDA
HESPERIA CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
HESPERIA HOUSING AUTHORITY
HESPERIA COMMUNITY DEVELOPMENT COMMISSION
HESPERIA FIRE PROTECTION DISTRICT
HESPERIA WATER DISTRICT
HESPERIA PUBLIC FINANCING AUTHORITY - ANNUAL MEETING
HESPERIA PUBLIC FACILITIES CORPORATION - ANNUAL MEETING CLOSED SESSION - 5:00 PM
Roll Call
Present: 4 - Mayor Bird, Mayor Pro Tem Swanson, Council Member Bennington and Council Member Lee
A
bsent: 1 - Council Member Gregg
Conference with Legal Cou
nsel - Potential Litigation: Government Code Section 54956.9(d)2
1. One (1) Case
Conference with Legal Counsel – Existing Litigation Government Code Section 54956.9(d)1
1. Apex HM, LLC et al. v. City of Hesperia, et al. (San Bernardino CountySuperior Court Case No. CIVBS 2208845)
Personnel Matters - Performance Evaluations - Government Code Section 54957
1. Annual Performance Evaluation - City Attorney
2. Annual Performance Evaluation - City Manager
CALL TO ORDER - 6:30 PM
City Council Chambers
9700 Seventh Ave.
Hesperia CA, 92345
City of Hesperia
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call
Present: 4 - Mayor Bird, Mayor Pro Tem Swanson, Council Member Bennington and Council Member Lee
A
bsent: 1 - Council Member Gregg
D. A genda 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) The following members of the public commented via voice mail message; Jebediah Wheeler
Cheryl
Larry Scott
Bob Nelson
The following members of the public commented in person; Al Vogler
Ruby Armenta
Robert Davie
Victor Muniz
Gina Whelan
Stephanie James
JOINT CONSENT CALENDAR
Item number 6 was considered independent of the Joint Consent Calendar A motion was made by Bennington, seconded by Swanson, that the Joint Consent Calendar minus item number 8,
be approved. The motion carried by the following vote:
Aye: 4 - Bird, Swanson, Bennington, and Lee
Nay: 0
Absent: 1 - Gregg
1. Consideration of the Draft Minutes from the Special Meeting held Tuesday, August 6, 2024.
Recommended Action:
It is recommended that the City Council approve the Draft Minutes from the Special Meeting held Tuesday, August 6, 2024.
Sponsors: Assistant Cit
y Clerk Erin Baum
2. HESPERIA PUBLIC FACILITIES CORPORATION AND HESPERIA PUBLIC FINANCING AUTHORITY ANNUAL MEETING ITEM Consideration of the Draft Minutes from the Corporation and Authority Annual
City of Hesperia
Meetings held August 15, 2023.
Recommended Action:
It is recommended that the Board of Directors approve the Draft Minutes of the Corporation and Authority Annual Meetings held Augu
st 15, 2023.
Sponsors: Assistant City Clerk Erin Baum
3. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Comm
ission - Water)
Recommended Action:
It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Co
mmunity Redevelopment Agency, Hesperia Housing Authority, Community Development Commission, and Water District.
Sponsors: Assistant City Manager Casey Brooksher
4. Land Management System Maintenance and Licensing Contract Authority Recommended Action:
It is recommended that the City Council authorize the City Manager to approve a contract amendment in the amount of $51,924 with Centra
lSquare, for a total not-to-exceed amount of $282,271, to provide an additional year of licensing support and maintenance of the City’s current land management system (Trakit).
Sponsors: Assistant City Manager Casey Brooksher
5. Agreement with Paymentus Corporation
Recommended Action:
It is recommended that the City Council and Board Members of the Hesperia Water District (District) authorize the City Manager
to enter into a three (3) year agreement with Paymentus Corporation (Paymentus) in an amount not-to-exceed $817,425 for Interactive Voice Response (IVR) with Online Bill Payment, Presentment Services, and Print and Mailing Services for Water/Sewer utility bills.
Sponsors: Assistant City Manager Casey Brooksher
Item number 6 was considered independent of the Joint Consent Calendar
6. Parcel Map No. 20627
Recommended Action:
It is recommended that the City Council adopt Resolution No. 2024-39 approving Parcel Map No. 20627 to create a second parcel fr
om approximately 5.72 acres of land within the Neighborhood Commercial (NC) zone of the Main Street and Freeway Corridor Specific Plan located at 16968 Main Street (Applicant: Midtown Square, LLC; APN: 0410-142-61).
Sponsors: Administrative Analyst Dena Alcayaga
A motion was made by Bennington, seconded by Lee, that item number 6 be approved. The
City of Hesperia
motion carried by the following vote:
Aye: 4 - Bird, Swanson, Bennington, and Lee
Nay: 0
Absent: 1 - Gregg
7. Acceptance of San Bernardino County American Rescue Plan Act (ARPA) Grant Funds Recommended Action:
It is recommended that the City Council authorize and adopt Resolution No. 2024-040 and 2024-041, authorizing the acceptance
of San Bernardino County ARPA grant funds of $750,000 for the Ranchero Road Corridor Project, and $625,000 for Traffic Signal Construction at the intersection of Seventh Avenue and Sequoia Street, respectively.
Sponsors: Director of Public Works/City Engineer Cassandra Sanchez
8. Baker Tilly Contract Amendment
Recommended Action:
It is recommended that the City Council authorize the City Manager to approve an amendment to the existing contact with Bak
er Tilly for an additional $6,700, for a revised not-to-exceed contract amount of $56,200 to develop the citywide strategic plan.
Sponsors: Assistant to the City Manager Tammy Pelayes
CONSENT ORDINANCES
9. Electric Vehicle Charging Stations
Recommended Action:
Place on second reading and adopt by title waiving the text of Ordinance No. 2024-07 adding Chapter
15.04.060 to the City’s Mun
icipal Code, setting forth an expedited and streamlined permitting process for electric vehicle charging stations.
Sponsors: Director of Development Services Nathan Freeman A motion was made by Lee, seconded by Swanson, that this item be approved. The motion carried by the following vote:
Aye: 4 - Bird, Swanson, Bennington, and Lee
Nay: 0
Absent: 1 - Gregg
PUBLIC HEARING
10. Specific Plan Amendment SPLA24-00003; Applicant: City of Hesperia; Location: Regional Commercial (RC) zoned properties alo
ng the I-15 Freeway Corridor, Main Street, and Highway 395
City of Hesperia
Recommended Action:
The Planning Commission recommends that the City Council introduce and place on first reading Ordinance No.
2024-08 approving Specific Plan Amendment SPLA24-00003 to increase the Floor Area Ratio (FAR) within the Regional Commercial (RC) zone of the Main Street and Freeway Corridor Specific Plan from 0.23 to 0.35.
Sponsors: Senior Planner Edgar Gonzalez
Tom Steeno commented on this item.
A motion was made by Lee, seconded by Bennington, that this item be approved. The motion carried by the follow
ing vote:
Aye: 4 - Bird, Swanson, Bennington, and Lee
Nay: 0
Absent: 1 - Gregg
11. Urgency Ordinance-Wooden Pallet Yards Moratorium
Recommended Action:
It is recommended that the City Council waive further reading and adopt Urgency Ordinance 2024-10, pursuant to California Gove
rnment Code Section 65858, establishing a forty-five (45) day moratorium on the establishment or expansion of wooden pallet yards, pending study and adoption of regulatory and zoning standards.
Sponsors: Principal Planner Ryan Leonard
The following members of the public commented;
Robert Davie
Kristn Guidry
Tom Steeno
Susan Garcia
Manufacturing Green Products
Erik Meza
David Macias
A motion was made by Swanson, seconded by Bennington, that this item be approved. The motion carried by the follo
wing vote:
Aye: 4 - Bird, Swanson, Bennington, and Lee
Nay: 0
Absent: 1 - Gregg
NEW BUSINESS
12. Contract Amendment with Donovan Bros
Recommended Action:
It is recommended that the City Council authorize a five-year amendment to the agreement with Donovan Bros. Golf LLC (Donovan B
ros.) for $1,985,800 for a total not-to-exceed amount of $4,323,846 for the
City of Hesperia
continued operation, management, and maintenance of the Hesperia Golf Course & Country Club (Golf Course) through September 17, 2029.
Sponsors: Assistant City Manager Casey Brooksher
Al Vogler commented.
A motion was made by Bennington, seconded by Swanson, that this item be approved. The motion carried by the follo
wing vote:
Aye: 4 - Bird, Swanson, Bennington, and Lee
Nay: 0
Absent: 1 - Gregg
COUNCIL COMMITTEE REPORTS AND COMMENTS
The Mayor, Mayor Pro Tem, and Council Members reported from various events and Committees.
CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
The City Manager advised that San Bernardino County Fire is involved in conditioning every City project during the entitlement process.
ADJOURNMENT
Adjourned in honor of Carolyn Lee’s passing and the birthdays of Sargeant Dorine Pavey and Mayor Bird’s grandson Nolan at 8:47 pm.
_____________________________
Erin Baum,
Assistant City Clerk
City of Hesperia
STAFF REPORT
DATE: August 19, 2025
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
Verenise Fierros, 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 July 5, 2025 through July 18, 2025.
The wire amount total is as follows:
$3,166,465.50 to Silverwood Development Phase 1. LLC for purchase of Silverwood Infrastructure Assets.
CITY GOAL SUPPORTED BY THIS ITEM
Financial Health – Maintain a balanced budget and adequate reserves.
ATTACHMENT(S)
1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $1,274,142.33 $340,712.38 $0.00 $1,614,854.71 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 918.00 158.21 0.00 1,076.21
Community Development Commission 0.00 0.00 0.00 0.00
Water 8,457,699.20 162,960.39 3,166,465.50 11,787,125.09 Totals $9,732,759.53 $503,830.98 $3,166,465.50 $13,403,056.01
YEAR-TO PRIOR FY YTD
W/E W/E WARRANT DATE DATE
FUND # FUND NAME 7/11/2025 7/18/2025 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 321,528.44$ 206,648.00$ 528,176.44$ -$ 2,510,651.10$ 419,559.95$ 105 PENSION OBLIGATION TRUST -$ -$ -$ -$ -$ -$
106 OPEB TRUST -$ -$ -$ -$ -$ -$
110 SILVERWOOD -$ -$ -$ -$ 2,047.50$ -$
200 HESPERIA FIRE DISTRICT -$ -$ -$ -$ -$ -$
204 MEASURE I - RENEWAL -$ 4,343.57$ 4,343.57$ -$ 11,008.12$ 6,618.50$ 207 LOCAL TRANSPORT-SB 325 -$ -$ -$ -$ -$ -$
209 GAS TAX-RMRA -$ -$ -$ -$ -$ -$
210 HFPD (PERS) -$ -$ -$ -$ -$ -$
241 CFD 2021-1 Resid Maint. & Serv -$ -$ -$ -$ -$ -$ 242 CFD 2022-1 Non-Resd Maint & Serv -$ -$ -$ -$ -$ -$ 243 CFD 2023-1 Silverwood Maint -$ -$ -$ -$ -$ -$ 251 CDBG 28,030.00$ 51,201.00$ 79,231.00$ -$ 100,219.08$ 11.59$ 254 AB2766 - TRANSIT -$ -$ -$ -$ -$ -$
255 AB3229 SUPPLEMENTAL LAW -$ -$ -$ -$ -$ -$
256 ENVIRONMENTAL PROGRAMS GRANT -$ -$ -$ -$ -$ 376.50$ 262 SB 1383 LOCAL ASSISTANCE GRANT -$ -$ -$ -$ -$ -$ 263 STREETS MAINTENANCE 27,815.10$ 29,639.16$ 57,454.26$ -$ 129,505.01$ 95,482.42$ 300 DEV. IMPACT FEES - STREET -$ -$ -$ -$ -$ -$
301 DEV. IMPACT FEES - STORM DRAIN -$ -$ -$ -$ -$ -$ 306 DEV. IMPACT FEES - 2018-STREETS -$ 1,300.00$ 1,300.00$ -$ 4,191.20$ 1,300.00$ 307 DIF 2018-DRAINAGE FACILITIES -$ -$ -$ -$ -$ -$ 309 DIF 2018-CITY HALL FACILITIES -$ -$ -$ -$ -$ -$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ -$ -$ -$
313 DIF A-04 DRAINAGE -$ -$ -$ -$ -$ -$
402 WATER RIGHTS ACQUISITION -$ -$ -$ -$ -$ -$
403 2013 REFUNDING LEASE REV BONDS -$ -$ -$ -$ -$ -$ 404 2023 REFUNDING LEASE REV BONDS -$ -$ -$ -$ -$ -$ 504 CITY WIDE STREETS - CIP -$ -$ -$ -$ 289.80$ 1,665,787.93$ 509 CITY FACILITIES CIP -$ -$ -$ -$ -$ -$
800 EMPLOYEE BENEFITS 453,138.09$ 32,073.10$ 485,211.19$ -$ 552,315.88$ 509,530.15$ 801 TRUST/AGENCY 2,650.20$ 115,775.67$ 118,425.87$ -$ 121,332.67$ 71,602.19$ 802 AD 91-1 AGENCY -$ -$ -$ -$ -$ -$
804 TRUST-INTEREST BEARING -$ -$ -$ -$ -$ 26,386.38$ 807 CFD 2005-1 -$ -$ -$ -$ -$ -$
808 HFPD (TRANSITION) -$ -$ -$ -$ -$ -$
815 PLAN REVIEW TRUST - FRONTIER -$ -$ -$ -$ -$ -$ CITY 833,161.83$ 440,980.50$ 1,274,142.33$ -$ 3,431,560.36$ 2,796,655.61$ 163 REDEVELOP OBLIG RETIREMENT-2018 -$ -$ -$ -$ -$ -$ SUCCESSOR AGENCY -$ -$ -$ -$ -$ -$
370 HOUSING AUTHORITY -$ 918.00$ 918.00$ -$ 918.00$ 11.59$ HOUSING AUTHORITY -$ 918.00$ 918.00$ -$ 918.00$ 11.59$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ -$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ -$ 700 WATER OPERATING 3,239,164.05$ 461,306.19$ 3,700,470.24$ 1,666,465.50$ 5,853,073.36$ 814,640.96$ 705 WATER PENSION OBLIGATION TRUST -$ -$ -$ -$ -$ -$ 706 WATER OPEB TRUST -$ -$ -$ -$ -$ -$
701 WATER CAPITAL -$ -$ -$ 1,000,000.00$ 1,000,000.00$ -$ 710 SEWER OPERATING 4,679,464.19$ 77,522.72$ 4,756,986.91$ 500,000.00$ 5,257,523.30$ 68,213.53$ 711 SEWER CAPITAL -$ -$ -$ -$ 187.50$ 924,847.39$ 720 RECLAIMED WATER OPERATIONS -$ 242.05$ 242.05$ -$ 242.05$ 2,301.63$ WATER 7,918,628.24$ 539,070.96$ 8,457,699.20$ 3,166,465.50$ 12,111,026.21$ 1,810,003.51$ ACCOUNTS PAYABLE TOTAL 8,751,790.07$ 980,969.46$ 9,732,759.53$ 3,166,465.50$ 15,543,504.57$ 4,606,670.71$ REG. PAYROLL
City -$ 340,712.38$ 340,712.38$ -$ 340,712.38$ 334,039.82$ Housing Authority -$ 158.21$ 158.21$ -$ 158.21$ 277.85$ Water -$ 162,960.39$ 162,960.39$ -$ 162,960.39$ 163,835.45$ PAYROLL TOTAL -$ 503,830.98$ 503,830.98$ -$ 503,830.98$ 498,153.12$ City of Hesperia
WARRANT RUNS
7/5/2025-7/18/2025
Attachment 1
City of Hesperia
STAFF REPORT
DATE: August 19, 2025
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
Jonathan Settle, Accountant
SUBJECT: Treasurer’s Cash Report for the unaudited period ended June 30, 2025.
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 53646 (b) setting forth the City’s investment portfolio.
ISSUES/ANALYSIS
The Treasurer’s Cash Reports are presented on the following pages for each agency.
CITY GOAL SUPPORTED BY THIS ITEM
Financial Health – Maintain a balanced budget and adequate reserves.
FISCAL IMPACT
These reports reflect unaudited cash balances as of June 30, 2025.
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
Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
August 19, 2025
3. Hesperia Housing Authority Investment Report
4. Community Development Commission Investment Report
5. Hesperia Water District Investment Report
FUND VALUE
General Fund (100 & 800) 36,788,718.71
Pension Obligation Trust (105) 582,232.53
OPEB Trust (106) 500,000.00
Silverwood 48,158.24
HFPD (PERS) (210) 2,164,590.81
CFD 2021-1 Resid Maint & Serv 3,273.13
CFD 2022-1 Non-Resid Maint & Serv 3,273.13
CFD 2023-1 Silverwood Maint 3,829.64
AB27666 - Transit (254) 26,134.47
AB3229 Supplemental Law (255) 418,779.41
AD No. 91-1 (802) 407,233.72
Beverage Recycling Grant (256) 322,240.53
CFD 2005-1 (807) 2,192,788.72
HFPD Transition (808) 335,608.13
City Wide-Capital Projects (504) (10,034,435.30)
Community Dev Block Grant (251, 252, & 253) 311,137.49
American Rescue Plan Grant (261) 25,525,280.77
SB 1383 Local Assistance Grant (262) 252,886.11
Development Impact Fund (300-304) 7,781,726.26
Development Impact Fund 2018 (306-312) 31,130,849.73
Development Impact Fund A-04 Drainage (313) 595,867.06
Disaster (260) 63,301.70
Gas Tax Fund (205) 2,476,310.57
Gas Tax - RMRA (209) 10,453,212.64
Gas Tax Swap (206) 1,856,165.73
Local Transportation SB325 (207) 1,586,358.25
Measure I - Renewal (204) 14,633,799.69
Public Works Street Maint (263) 402,905.11
Public Art (230) 266,888.92
Trust Fund (801, 803-806, & 815) 925,136.36
2012 Water Rights Acquisition (402) 1,884,108.13
2023 Refunding Lease Rev Bonds (404) 1,695,403.86
TOTAL CITY FUNDS 135,603,764.25$
CITY OF HESPERIA
Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
August 19, 2025
FUND VALUE
RORF Retention - (163) 7,397,262.23$
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
FUND VALUE
Hesperia Housing Authority Fund (370) 4,397,155.26$
VVEDA Housing Authority (371) 2,005,969.28
TOTAL HOUSING AUTHORITY FUNDS 6,403,124.54$
HESPERIA HOUSING AUTHORITY
FUND VALUE
Community Development Commission Fund (170) 3,624,567.44$
COMMUNITY DEVELOPMENT COMMISSION
Staff Report to the Mayor and City Council/Board Members Treasurer’s Cash Report
August 19, 2025
VALUE
Water Operating (700) 9,585,041.51$
Water Capital (701) 6,137,612.61
Water Capital Rehab and Replace (703) 4,437,439.06
Water Contamination Mitigation (704) 2,742,191.19
Water Pension Obilgation Trust (705) 12,862.72
Water OPEB Trust (706) 812.80
Sewer Operating (710) 10,290,167.58
Sewer Capital (711) 1,437,985.36
Sewer Capital Rehab and Replace (713) 845,940.66
Reclaimed Water Operations (720) 309,035.19
TOTAL WATER FUNDS 35,799,088.68$
WATER
FUND
THIS PAGE LEFT INTENTIONALLY BLANK
City of Hesperia
STAFF REPORT
DATE: August 19, 2025
TO: Mayor and Council Members
FROM: Rachel Molina, City Manager
BY: Nathan R. Freeman, Director of Development Services
SUBJECT: Professional Services Agreement with Kevin Palmer DBA KPC Consulting for the Economic Development Action Plan
RECOMMENDED ACTION
It is recommended that the City Council approve a Professional Services Agreement with Kevin Palmer, DBA KPC Consulting, in an amount not -to-exceed $ 65,000, for development of an Economic Development Action Plan, and authorize the City Manager , or designee, to execute the Agreement.
BACKGROUND
During its 2024 goal setting workshop, the City Council identified “future development” as a high priority, with an emphasis on facilitating balanced growth to support cohesive community development and advance economic development. As part of this priorit y, the City Council directed staff to prioritize the creation of an Economic Development Action Plan (EDAP) to guide the City’s economic development efforts over the next five years.
To support this effort, the City Council approved funding for the development of the EDAP as part of the Fiscal Year 2025 -26 budget. Consistent with this direction, the Economic Development division engaged KPC Consulting (KPC), an Inland Empire-based consulting firm, recognized for its strong qualifications and extensive exp erience in economic development throughout the region.
ISSUES/ANALYSIS
Under the supervision of the Economic Development division, KPC will lead the development of the EDAP to serve as a strategic roadmap guiding the City’s efforts to attract and retain private investment and promote the City’s economic growth. The EDAP will identify realistic, measurable short- and long-term goals to help guide the City’s economic development activities over the next five years.
Once complete, the EDAP will be a critical tool for the City to proactively manage and shape its economic future. It will also provide a structured, data -informed approach to identifying opportunities, addressing challenges, and aligning resources to support economic growth. Cities across Southern California that prioritize economic development, particularly those experiencing regional gr owth and increased investment activity , commonly rely on similar action plans to coordinate efforts among public and private stakeholders, set clear priorities, and stay competitive. For Hesperia, the EDAP will help position the City to attract strategic i nvestment, support business expansion and retention, and create a more resilient and diverse local
Staff Report to the Mayor and Council Members
Professional Services Agreement with Kevin Palmer DBA KPC Consulting for the Economic Development Action Plan
August 19, 2025
economy.
A
s part of its multi -phase scope of work, KPC will gather input from a diverse cross section of stakeholders, including a Steering Committee and individual interviews with key community and industry representatives. Additional tasks will include a baseline review of economic and demographic conditions, a competitive market analysis of Hesperia’s position within the region, and a Strengths, Weaknesses, Opportunities, and Threats ( SWOT) analysis to inform targeted strategies. KPC will also review the City’s e xisting programs and services, current economic development marketing and communications, and available financial resources in order to identify opportunities from program enhancement and new initiatives.
The
EDAP will also include an opportunity analysis of key development sites within the City and provide written recommendations on land use potential and development strategies. The process will include the preparation of a final written plan and supporting deliverables, and a presentation of the EDPA to the City Council for formal consideration and approval.
The es
timated timeline for the EDAP is approximately nine to twelve months, with work anticipated to begin in fall of 2025 and conclude by the fall of 2026.
C
ITY GOAL SUPPORTED BY THIS ITEM
Fut
ure Development - Facilitate balanced growth to ensure cohesive community development and pursue economic development.
F
ISCAL IMPACT
Fundi
ng for this item is available in the FY 2025– 26 Operating Budget. The account number appropriated for this item is 100-25-251-0000-7500.
A
LTERNATIVE(S)
P
rovide alternative direction to staff.
AT
TACHMENT(S)
N
one
City of Hesperia
STAFF REPORT
DATE: August 19, 2025
TO: Mayor and Council Members
FROM: Rachel Molina, City Manager
BY: Casey Brooksher, Assistant City Manager
Rita Perez, Deputy Human Resources/Risk Management Director Paul Jung, Information Systems Specialist
SUBJECT: Land Management System Maintenance and Licensing Contract Authority
RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager to approve a contract amendment in the amount of $65,73 9 with Superion, LLC, for a total not -to-exceed amount of $348,010, to provide an additional year of licensing support and maintenance of the City’s current land management system (TRAKiT).
BACKGROUND
TRAKiT has been the City’s land management system software since 2011. Critical functions that the application supports include processing submittals, plan reviews, and inspections for the Building and Safety, Engineering, and Planning divis ions. Additionally, TRAKiT supports automated phone scheduling for inspections, tracking Code Enforcement cases, business license issuance, and certificates of occupancy.
ISSUES/ANALYSIS
The TRAKiT software contains significant historical data related to Development Services and the Code Enforcement Division. Staff’s institutional knowledge of the existing system further contributes to the complexity of transitioning to a new system. The City awarded a new system, which is currently in an 18-month implementation period, and will need both systems to maintain services during the transition.
CITY GOAL SUPPORTED BY THIS ITEM
Future Development – Facilitate balanced growth to ensure cohesive community development and pursue economic development.
FISCAL IMPACT
Funding for this agreement exists within the Fiscal Year (FY) 2025 -26 Budget.
ALTERNATIVE(S)
1. Provide alternative direction to staff.
ATTACHMENT(S)
None
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City of Hesperia
STAFF REPORT
DATE: August 19, 2025
TO: Mayor and City Council Members
Chair and Board Members, Hesperia Water District
FROM: Rachel Molina, City Manager
BY: Cassandra Sanchez, Director of Public Works / City Engineer Brian Blackwell, Streets Operation Manager
SUBJECT: Contract Amendment Allison Mechanical Inc.
RECOMMENDED ACTION
It is re commended that the City Council and Board of Directors of the Hesperia Water District authorize the City Manager to increase the contract authority with Allison Mechanical Inc. in the amount of $50,000 for a new not-to-exceed amount of $296,816 for air conditioning and heating scheduled maintenance and emergency repairs.
BACKGROUND
In FY 2023-24, the City entered into a three-year contract with Allison Mechanical Inc. to perform preventive maintenance and emergency repairs for all air conditioning and heating equipment located at City Hall, Police Station, Library, Public Works Corporation Yard, and Animal Shelter.
This service is needed to keep the air conditioning and heating systems operating to factory specifications and make any emergency repairs as needed.
ISSUES/ANALYSIS
The Building and Maintenance Division sent out an RFB for preventive maintenance and emergency repairs on April 27, 2023, and closed on May 18, 2023, with 3 three responses, and Allison Mechanical Inc. was deemed the lowest responsible/responsive bidder.
Fiscal Years Allison Mechanical Inc. McCloskey Mechanical FM Thomas Air
Conditioning
FY 2023-24 $79,816 $204,234 $109,072
FY2024-25 $82,299 $215,959 $114,037.35
FY2025-26 $84,701 $228,458 $117,402.33
Total Cost $246,816 $648,651 $340,511.69
In the first (2) two years of the contract with Allison Mechanical Inc. there were a total of $29,522 of emergency repairs done outside of the standard maintenance to the air conditioning and heating systems at City Hall, Police Station and Library to keep the already aging system working at factory specification to provide adequate air conditioning and heating in each location for the public, staff, and animals. Allison Mechanical has provided satisfactory service within this contracted work, and staff recommends increasing the contract authority so Allison Mechanical
Staff Report to the City Council and Board of Directors of the Hesperia Water District Contract Amendment for Allison Mechanical
August 19, 2025
can continue to provide excellent service needed to keep the City's air conditioning and heating equipment running at its best and to respond to any unforeseen emergency breakdowns.
CITY GOAL SUPPORTED BY THIS ITEM
Public Safety - Ensure public safety resources adequately protect our community.
Financial Health - maintain a balanced budget and adequate reserves.
FISCAL IMPACT
Sufficient funding has been included in the Fiscal Year 2025-26 Budget.
ALTERNATIVE(S)
1. Provide an alternative direction to the staff.
ATTACHMENTS
None
City of Hesperia
STAFF REPORT
DATE: July 15, 2025
TO: Mayor and Council Members
FROM: Rachel Molina, City Manager SECOND READING AND ADOPTION BY: Ryan Leonard, Principal Planner
Edgar Gonzalez, Senior Planner
SUBJECT: Development Code Amendment DCA2 4-00003 and Specific Plan Amendment SPLA24-00005; Applicant: City of Hesperia; Area affected: City-wide.
RECOMMENDED ACTION
It is recommended that the City Council introduce and place on first reading Ordinance No. 2025-03 approving Development Code Amendment DCA24-00003 and Specific Plan Amendment SPLA24-00005 to prohibit the establishment of new, or the expansion of existing outdoor pallet yards and indoor pallet manufacturing facilities.
BACKGROUND
On August 20, 2024, the City Council recognized the need for regulations on pallet yard facilities due to their potential negative impacts. Consequently, the Council adopted Urgency Ordinance No. 2024-10, implementing a 45-day moratorium on the establishment or expansion of pallet yard facilities within the City (Attachment 1).
On September 17, 2024, the City Council extended the moratorium for ten months and fifteen days, bringing the total duration to one year (Attachment 2).
The purpose of the moratorium was to allow staff time to analyze the potential issues associated with pallet yard facilities and propose regulations to mitigate their impact on the community. The primary concerns related to pallet yards include:
Fire Risk: Outdoor pallet storage yards pose a significant fire hazard due to the accumulation of large quantities of highly combustible wood. In recent years, multiple fires at outdoor pallet yards in nearby cities have resulted in millions of dollars in damage.
Stacking Hazards: Pallet yards often stack wooden pallets at considerable heights. Without adequate regulation of stacking height, spacing, and volume, improperly stored pallets can pose a falling hazard, endangering employees, visitors, and nearby properties. Improper stacking may also increase fire risk.
Planning Commission Review: On June 12, 2025, the Planning Commission deliberated and discussed the proposed Development Code Amendment. After extensive discussion, the Commission recommended modifications to the proposed Development Code Amendment to allow indoor and outdoor pallet yard facilities only within the General Manufacturing (I2) zone, subject to the following regulations:
A minimum 1,000-foot separation from all residential zones and sensitive uses.
Staff Report to the City Council
DCA24-00003 and SPLA24-00005
July 15, 2025
Outdoor pallet stacks be limited to a maximum height of 12 feet. Requirements to install an outdoor fire suppression system. A Citywide cap limiting the maximum number of pallet yard facilities, whether indoo r or outdoor, to two.
During the public comment period, three voicemails were received, and eight residents spoke, all in favor of the proposed Development Code Amendment to prohibit pallet yard facilities Citywide.
An applicant for one of the proposed pallet yards along Mesa Street, “Diaz Pallets,” spoke in opposition to the prohibition. Additionally, four written comments were submitted prior to the hearing and distributed to the Planning Commission. All four letters expressed opposition to the proposed prohibition (Attachment 3).
At the end of public hearing, the Planning Commission voted 4-0 (Commissioner Sophie Steeno was absent) to forward this item to the City Council with a recommendation not to adopt the proposed Ordinance as written. Instead, t he Commission recommended that the Ordinance be modified to allow pallet yard facilities only within the General Manufacturing (I2) zone, subject to the regulations listed above.
ISSUES/ANALYSIS
Existing Regulations: Under the Hesperia Municipal Code (Se ction 16.16.320), outdoor pallet yards and indoor pallet manufacturing facilities are currently permitted in the Limited Manufacturing (I1) and General Manufacturing (I2) zones. These facilities are classified as general manufacturing uses and are subject to development standards regulating outdoor storage (for outdoor pallet yards only). However, there are no specific regulations tailored to outdoor or indoor pallet facilities.
Similarly, the Main Street and Freeway Corridor Specific Plan permits these us es in the Commercial Industrial Business Park (CIBP) and General Industrial (GI) zones. While they are classified as general manufacturing uses, the Specific Plan also lacks explicit regulations for pallet facilities.
Proposed Regulations: As noted, there are no specific development standards directly regulating outdoor pallet yards or indoor pallet manufacturing facilities. The proposed Development Code Amendment seeks to prohibit the establishment, expansion, and operation of these facilities in all industrial zoning designations within the City.
These uses present significant fire hazards due to the high combustibility of stacked wooden pallets. The excessive vertical stacking of pallets also creates safety risks and can hinder emergency access. In addition to fire and safety concerns, pallet facilities often generate excessive noise, attract rodents, create visual blight, and contribute to environmental issues, including improper material storage and potential stormwater runoff contamination.
Pallet facilities have a well-documented history of contributing to severe fires, many of which have resulted in extensive property damage, environmental degradation, and public safety risks.
Numerous incidents, both locally and nationally , have involved fires burning for hours or days, demonstrating how quickly stacked pallets can ignite and how intensely they burn. Their high combustibility, coupled with inadequate emergency access, often results in uncontrollable fires that threaten surrounding businesses, residential neighborhoods, and critical infrastructure.
Facilities lacking proper oversight or maintenance often contribute to urban decline by facilitating illegal dumping and exposing surrounding communities to airborne health hazards. These
Staff Report to the City Council
DCA24-00003 and SPLA24-00005
July 15, 2025
negative impacts frequently lead to increased costs for cities, which must allocate resources to code enforcement, fire response, and environmental cleanup. Additionally, pallet facilities typically provide minimal economic return, representing an inefficient use of industrial space, especially in communities focused on sustainable growth, workforce development, and long -term economic resilience.
The proposed prohibition aims to preserve the quality of life in residential, commercial, and industrial zones, r educe fire risk to adjacent properties, and promote more compatible and sustainable land uses.
Environmental: Approval of the Development Code Amendment and Specific Plan Amendment is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3), as it can be seen with certainty that there is no significant effect on the environment. The proposed Development Code Amendment and Specific Plan Amendment are also exempt under Section
16.12.415(B)(10) of the City’s CEQA Guidelines, as they do not propose to increase the density or intensity allowed by the General Plan.
Conclusion: The proposed Ordinance prohibits new and expanded outdoor pallet yards and indoor pallet manufacturing facilities. This action is intended to enhance public safety and promote responsible development that balances economic activity with community well-being.
CITY GOAL SUPPORTED BY THIS ITEM
Future Development - Facilitate balanced growth to ensure cohesive community development and pursue economic development.
FISCAL IMPACT
There are no fiscal impacts identified with this action.
ALTERNATIVE(S)
1. The City Council may provide alternative direction to staff.
ATTACHMENT(S)
1. Ordinance 2024-10 (45-day Moratorium)
2. Ordinance 2024-11 (10 months & 15-day Extension to Moratorium)
3. Letters in opposition to the amendment
4. Exhibit A – Amended language for DCA & SPLA
5. Ordinance 2025-03
6. June 12, 2025, Planning Commission Staff Report
ORDINANCE NO. 2024- 10
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
HESPERIA, CALIFORNIA, ENACTED PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858
ESTABLISHING A 45- DAY MORATORIUM ON THE
ESTABLISHMENT OR EXPANSION OF WOODEN PALLET
STORAGE YARDS 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 City, and is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, the Hesperia Municipal Code lacks specific regulatory and zoning standards to assure that wooden pallet storage yards do not adversely affect the health, safety, and welfare of the public; and
WHEREAS, the issuanceof permitsfor woodenpalletstorageyardswithouthavingzoningand regulatory standards in place, threatens the public health, safety, and welfare for the following reasons:
Fire Risk: Wooden pallet storage yards present an obvious fire hazard due to the storage of large quantities of wood, a combustible material, at a single site. Within the past few years there have been multiple fires associated with pallet yards in nearby cities that have caused millions of dollars in losses.
Stackinq Hazards: Wooden pallet storage yards often store wooden pallets in high stacks.
Without adequate regulation of the location, height and volume of these stacks, or the separation between these stacks, the health, safety, and welfare of the public may be endangered. The improper or unsafe stacking of wooden pallets may be a falling risk, endangering employees, and visitors to these sites, or may become a fire hazard, endangering the public and neighboring properties.
WHEREAS, the City desiresto adoptan interimurgencymoratoriumordinanceprohibitingthe establishment or expansion of wooden pallet storage yards, pending study and adoption of zoning and regulatory standards to protect the public health, safety, and welfare; and WHEREAS, the City intendsto studythe issuesassociatedwith woodenpalletyards including new development standards that may be imposed on their operation to mitigate any potential impacts. This could include evaluating all land use districts in which wooden pallet yards are permitted for suitability and evaluating development standards and best practices from other jurisdictions to determine if they would be appropriate City wide; and WHEREAS, GovernmentCodeSections36934, 36937, and65858expresslyauthorizethe City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety and to prohibit a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time; and Attachment 1
WHEREAS, after undertaking this study, the City intends to enact regulations specific to wooden pallet storage yards. 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 wooden pallet storage yards or the expansion of existing wooden pallet yards 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 wooden pallet storage yards poses a current and immediate threat to public health, safety, or general welfare. There is therefore an urgent necessity for the City to establish a moratorium on the establishment or expansion of wooden pallet storage yards to take effect immediately;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA 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 andcorrect, andare herebyincorporatedbyreference. Additionally, basedontheforegoing, both verbal and writtentestimonyat the publichearing, includingthe staff report, exhibits, and any materials provided by members of the public, the City Council finds as follows:
A. ThisOrdinanceis beingadoptedin orderto allowthe Citytimeto thoroughlystudy and develop the City' s laws, rules, procedures, and fees related to the operation and establishment of wooden pallet storage yards, to adequately and appropriately balance the rights of existing operators and future applicants who wish to establish or expand wooden pallet storage yards in the City, and to adequately and appropriately preserve the health, safety, and welfare of the community in the City of Hesperia.
B. The City finds that in the absence of a regulatory framework to govern pallet storage yards, the adverse impacts frequently associated with pallet storage yards likely will occur, resulting in unregulated and significant negative impacts upon the public health, safety, and welfare of the community.
C. The City finds that the adverse impacts from pallet storage yards include the following:
1) Fire Risk: Wooden pallet storage yards present an obvious fire hazard due to the storage of large quantities of wood, a combustible material, at a single site.
Within the past few years there have been multiple fires associated with pallet yards in nearby cities that have caused millions of dollars in losses. 2) Stacking Hazards: Wooden pallet storage yards often store wooden pallets in high stacks. Without adequate regulation of the location, height and volume of these stacks, or the separation between these stacks, the health, safety, and welfare of the public may be endangered. The improperor unsafestackingof wooden pallets may be a falling risk, endangering employees and visitors to these sites, or may become a fire hazard, endangering the general public and neighboring properties.
D. 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 wooden pallet storage yards.
SECTION 2. AUTHORITY AND EFFECT
The State Planning and Zoning Law ( Cal. Gov' t Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights 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 wooden pallet storage yard, nor may a permit be issued for the expansion of wooden pallet storage yard 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 wooden pallet storage yard, during the Effective Period.
B. Notwithstanding the foregoing, any existing wooden pallet storage yard 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 wooden pallet storage yard under construction with a valid building permit or any wooden pallet storage yard approved by the Development Review Committee or 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 wooden pallet storage yards, to enable the City to preserve the health, safety, and welfare of the community adequately and appropriately in the City of Hesperia. Pursuant to Government Code Section 65858 the Development Services Director 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 is hereby declared that this Ordinance is necessary as an urgency measure for the preservation of the public health, safety, and welfare. The City Council finds that current zoning regulations and land use plans do not adequately regulate the establishment and operation of wooden pallet storage yards 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, to ensure adequate regulation of the operation of wooden pallet storage yards. The facts constituting the urgency are:
The City' s Municipal Code currently lacks regulatory and zoning standards to assure that wooden pallet yards do not adversely affect the health, safety, and welfare of the public.
The negative impacts frequently associated with operation of wooden pallet storage yards will likely increase as wooden pallet yards continue to proliferate throughout the City, resulting in an unregulated and significant negative impact upon public health, safety, and welfare of the community.
Wooden pallet storage yards are likely to seek locations in the City based on the lack of explicit regulations, which will further exacerbate the impacts of such businesses.
As a result of the negative and harmful effects associated with improperly regulated or unregulated operation of wooden pallet storage yards, the current and immediate threat such effects pose to the public health, safety, and welfare, it is necessary to adopt a temporary, forty- five ( 45) day moratorium on the establishment of new, or the expansion of existing wooden pallet storage yards in the City.
A moratorium is immediately required to preserve the public health, safety, and welfare and should be adopted immediately as an urgency ordinance, to make certain that the establishment and expansion of wooden pallet storage yards 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, section, subsection, paragraph, sentence, phrase or word of this Ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this Ordinance and as such they shall remain in full force and effect.
SECTION 7. 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 from CEQA based on the following: ( i) this Ordinance is not a project within the meaning of CEQA Section 15378 because it has no potential for resulting in physical change to the environment, either directly or indirectly and ( ii) this Ordinance is also exempt pursuant to CEQA Section 15061( b)(3) since the proposed ordinance involves an Interim Urgency Ordinance establishing a 45- day temporary moratorium on the establishment of wooden pallet storage yards 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 passage and adoption 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 20' h
day of August 2p24 ,
J Y.
q _., 1
a .
i',
Larry Bird, Mayor
1 i /,! /
r 1,1. . . ll
STATE OF CALIFORN/ A
COUNTY OF SAN BERNARD/ NO
CITY OF HESPER/ A
I, Erin Baum, Assistant City Clerk of the City of Hesperia, California, do hereby certify that Urgency Ordinance No. 2024- 10 was introduced and approved at a Regular Meeting of the City of Hesperia City Council held on the 20
h
day of August, 2024 by the following vote to wit:
AYES:
NOES:
ABSTAIN
ABSENT:
Bird, Swanson,
None
None
Gregg
Bennington, Lee
i i/,
l . .IlI.. I/ Lr
of H esPe,
av
Incorp' ated
July
1 1988 ,
o C
I'( ili.
I, , City Clerk of the City of Hesperia, California, do hereby certify that the foregoing Urgency Ordinance No. 2024- 10 is a full, true and correct copy of that now in file in this office.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF THE City of Hesperia, California, this day of
Erin Baum, Assistant City Clerk
Seal
Attachment 2
June 11, 2025
The City of Hesperia, CA
9700 Seventh Avenue
Hesperia, CA 92345
RE: DEVELOPMENT CODE AMENDMENTS DCA24-00003
SPECIFIC PLAN AMENDMENT SPLA24-00005
PRELIMINARY COMMENTS IN OPPOSITION
Dear Honorable Members of the Hesperia City Council,
My father, Frank Shean, bought Valley Pallet from its original owners 22 years ago after working his way up in their Salinas facility. My mom joined on working in the office with him, and a few years later they were able to open more locations in Terra Bella and Sacramento. When I graduated from college in 2010 I had other job offers, but Valley Pallet and its employees were my family - I never wanted to work anywhere else.
When my dad decided to join PLA 7 years later, he did it to give me, along with all our other employees, access to the stability and growth opportunities PLA had to offer. My father recently retired, but not before achieving his goal: I am now the General Manager of the Salinas and Terra Bella facilities, overseeing 125 employees, many of whom have worked with us for decades.
The pallet business put me through college. It supports my family and the families of the 125 Californians who work alongside me every day. Some day soon we hope to open the Hesperia location to serve more California businesses, employ more Californians, and to continue to build PLA – and my family’s legacy.
Respectfully,
Lindsey Shean Snowden
General Manager, Salinas and Terra Bella
Valley Pallet, a member of the PLA Family of Companies
Attachment 3
June 11, 2025
The City of Hesperia, CA
9700 Seventh Avenue
Hesperia, CA 92345
RE: DEVELOPMENT CODE AMENDMENTS DCA24-00003
SPECIFIC PLAN AMENDMENT SPLA24-00005
PRELIMINARY COMMENTS IN OPPOSITION
Dear Honorable Members of the Hesperia City Council,
This year marks my 27th year of employment at Valley Pallet/PLA. I originally started as a forklift driver at the Salinas facility but have performed a variety of jobs there and in our Terra Bella operations over the years as I grew along with the business. The knowledge and experience I’ve gained during my time at the company have led to my current role as a Supervisor in our Terra Bella facility and will serve me well for the remainder of my career.
My job at PLA made it possible for me to purchase my home and to save for my future. I am also preparing for my retirement by participating in PLA’s 401k program. Over the years I have built great friendships and business relationships with my fellow employees and our customers. My experience at PLA continues to be very positive and financially rewarding, and when I eventually retire, will leave me with decades of good memories that I will always cherish.
Respectfully,
Jack Scott
Supervisor, Terra Bella
Valley Pallet, a member of the PLA Family of Companies
June 12, 2025
The City of Hesperia, CA
9700 Seventh Avenue
Hesperia, CA 92345
RE: DEVELOPMENT CODE AMENDMENTS DCA24-00003
SPECIFIC PLAN AMENDMENT SPLA24-00005
PRELIMINARY COMMENTS IN OPPOSITION
Dear Honorable Members of the Hesperia City Council,
On behalf of PLA Solutions, I am writing to urge the Council to vote No on the proposed ordinance encompassing Development Code Amendment DCA24-00003 and Specific Plan Amendment SPLA24-00005. As one of the region’s established operators, PLA believes this decision would have unintended negative consequences for local employment, environmental sustainability, workplace safety, and community vitality. We respectfully present the following reasons to support our position:
PLA is a Strong Local Employer
PLA is proud to provide high-quality employment to over 1,200 individuals nationwide, including 422 in California. We offer stable, long-term career opportunities with competitive compensation and benefits. This year, 25 California employees will celebrate 20 years or more with our company; five will celebrate more than 30 years.
In Hesperia, our facility would provide accessible jobs across various skill levels, contributing to the City’s economic resilience. Rather than limiting this potential, the City should support employers like PLA who invest in workforce development and mobility.
PLA is Environmentally Focused
PLA has implemented an aggressive and transparent ESG framework to reduce our environmental impact and that of our customers.
• Last year we diverted over 3 million tons of wood waste from landfills, repurposing it into reusable pallets and energy-efficient biomass.
• Our closed-loop pallet lifecycle model reduced virgin lumber usage and contributed to circular economy principles.
• We are committed to achieving Net Zero Scope 1 and 2 emissions by 2035, and we have already reduced greenhouse gas emissions by 17% per pallet since 2021.
Prohibiting responsible pallet operations could inadvertently increase the region’s waste burden and undermine the City’s compliance with state environmental mandates.
PLA is Safety Focused
Safety is a core value at PLA. In 2024, we reported a 5% reduction in total recordable incident rates (TRIR), outperforming industry averages through ongoing investment in equipment modernization, worker training, and procedural audits.
Our operations utilize indoor automated systems that reduce employee exposure to hazardous environments. We also employ dust and emissions controls, fire mitigation protocols, and noise abatement technologies to minimize risks to both workers and neighbors.
PLA is Community Focused
PLA invests in the well-being of the communities in which we operate. We support a variety of community organizations in the local markets we serve through volunteer work and philanthropy.
We understand and respect the City’s goals in managing industrial land use, but we firmly believe that approval of the ordinance approving Development Code Amendment DCA24-00003 and Specific Plan Amendment SPLA24-00005 would undermine the objectives of environmental sustainability and economic development. We encourage the Council to reject these amendments and instead engage with local stakeholders—including PLA—to implement standards-based permitting that incentivizes best-in-class operations.
Thank you for your consideration.
Respectfully,
Hillary McCutcheon
Chief Enterprise Strategy Officer
PLA
June 12, 2025
VIA EMAIL ([email protected] and rfl[email protected]) RE: Resolution No. PC-2025-07 (Prohibition of Outdoor Pallet Yards and Indoor Pallet Manufacturing Facilities)
Dear Planning Commissioners:
CIRE Equity is the property manager for 6730 Santa Fe, LLC (“CIRE”) which is the owner of the property located at 6730 Sante Fe, Hesperia. CIRE leased the site to PLA Solutions, and PLA Solutions intends to conduct palette storage and recycling at the facility which is currently permitted under the City’s Municipal Code. Through the California Environmental Quality Act (CEQA) review process, we learned of concerns from members of the public, and we would like the opportunity to assuage the concerns. However, on August 20, 2024, at the Planning Commission’s request, the City Council adopted an urgency ordinance implementing a 45- moratorium on the establishment or expansion of pallet yard facilities, and the City Council extended this moratorium for 10½ months on September 17, 2024.
We respectfully object to the urgency ordinance as it was adopted based on the Planning Commission’s bald assertions of the following:
(1) Fire Risk: Wooden pallet storage yards present an obvious fire hazard due to the storage of large quantities of wood, a combustible material, at a single site.
Within the past few years there have been multiple fires associated with pallet yards in nearby cities that have caused millions of dollars in losses. (2) Stacking Hazards: Wooden pallet storage yards often store wooden pallets in high stacks. Without adequate regulation of the location, height and volume of these stacks, or the separation between these stacks, the health, safety, and welfare of the public may be endangered. The improper or unsafe stacking of wooden pallets may be a falling risk, endangering employees and visitors to these sites, or may become a fire hazard, endangering the general public and neighboring properties. (Ordinance No. 2024-10, Section 1C).
The Planning Commission has never offered any citations to any authority for its assertions.
The Planning Commission has also repeatedly stated that there is an “absence of a regulatory framework to govern pallet storage yards.” However, pallet storage yards are, in fact, regulated by the California Fire Code. (See Cal. Fire Code Sections 2810 et al. and 315.7 et al.
attached hereto as Attachment 1). These regulations require a site plan including the presence of fire protection systems, a fire prevention plan requiring inspections, testing, and maintenance of the fire protection systems, and security management plan. (See Fire Code §§ 2810.3, 2810.4, and 2810.5). In addition, the Fire Code limits pallet stack heights, distance to the lot line, pallet pile stability and size, pallet types, and pile separation distances. (See Fire Code §§ 315.7 et al.).
Compliance with these regulations would certainly mitigate fire risk. The facility will be equipped with fire protection systems including sprinklers and a robust security system with cameras around the building. The property will also be fenced off to prevent trespassers.
We engaged Koffel Associates to assess the City’s concerns. We would note that with its extensive expertise, Koffel Associates helped develop the above-referenced sections of the California Fire Code as well as the requirements in the National Fire Protection Association (NFPA) 1, Fire Code, regarding the storage of wood pallets at manufacturing and recycling facilities. Koffel points out that compliance with the Fire Code, would adequately protect pallet facilities and that it has no knowledge of any instance of “a single severe fire incident at a facility that complies with the above-referenced codes.” (See Attachment 2).
The urgency ordinance was
“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 wooden pallet storage yards, to adequately and appropriately balance the rights of existing operators and future applicants who wish to establish or expand wooden pallet storage yards in the City, and to adequately and appropriately preserve the health, safety, and welfare of the community in the City of Hesperia.” (Ordinance No. 2024-10, Section 1A).
Furthermore, the extension of the urgency ordinance provides:
“During the period of this Ordinance, the City shall study and develop as necessary City laws, rules, procedures, and fees related to pallet storage yards, to enable the City to preserve the health, safety, and welfare of the community adequately and appropriately 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.” (Ordinance No. 2024-11, Section 4) (emphasis added).
It is unclear what studies have been performed and whether the Planning Manager issued a report pursuant to Government Code Section 65858(d).
We welcome the opportunity to discuss these issues with the City to discuss any additional measures beyond the Fire Code that would help preserve the health, safety, and welfare of the community. We would also like to engage with concerned citizens. PLA views fire safety as critical to its operations, and on behalf of the owner of the property, CIRE has also required strict compliance with all applicable laws and regulations.
Until the Planning Commission has conducted a meaningful study of the situation, including examining the existing Fire Code requirements and engaging with stakeholders including CIRE and PLA, we urge the Planning Commission to refrain from adopting Resolution No. PC-2025-07.
Should you have any questions or concerns, please do not hesitate to contact us.
Sincerely,
Yaara Siler
Portfolio General Counsel
CIRE EQUITY
ATTACHMENT 1
SECTION 2810
O
UTDOOR STORAGE OF PALLETS AT PALLET
MANUFACTURING AND RECYCLING FACILITIES
2810.1 General.
The outside storage of wood pallets and wood composite pallets on the same site as a pallet manufacturing or pallet recycling facility shall comply with Sections 2810.2 through 2810.11.
2810.2 Site plan.
Each site shall maintain a current site plan. The site plan shall be submitted to the fire code oicial for approval and contain all of the following:
1. Lot lines.
2 . Utilities.
3. S
ize, location and type of construction of the buildi ngs on the property.
4. Presence of the fir e protection systems.
5. Water supply sources for fire-fighting purposes.
6. Lo
cation of hazardous material storage areas.
7. Lo
cation of pallet storage.
8. E
quipment protected with a dust collection system.
9. 9.Fire apparatus access roads.
1 0. 10.Designated smoking areas.
11 . 11.Location of fire alarm control panels.
28 10.3 Fire prevention plan.
The owner or owner’s authorized representative shall submit a fire prevention plan for review and approval by the fire code oicial that includes all of the following:
1. Frequency of walk-through inspections to verify compl iance with the plan.
2. Hot work permit program in accordance with Chapter 35.
3. Preventative maintenance program for equipment associ ated with pallet activities.
4. Inspection, testing and maintenance of fir e protection systems in accordance with Chapter 9.
2810.4 Fire safety and evacuation plan.
The owner or owner’s authorized representative shall prepare and train employees in an approved fire safety and evacuation plan in accordance with Chapter 4.
2810.5 Security management plan.
The owner or owner’s authorized representative shall prepare a security management plan based on a security risk assessment and shall make the plan and assessment available to the fire code oicial upon request.
2810.6 Clearance to property line.
Stacks of pallets shall not be stored within 0.75 times the stack height or 8 feet (2438 mm) of the property line, whichever is greater, or shall comply with Section 2810.11.
2810.7 Clearance to important buildings.
Stacks of pallets shall not be stored within 0.75 times the stack height of any important building on site, or shall comply with Section 2810.11.
2810.8 Height.
Pallet stacks shall not exceed 20 feet (6096 mm) in height.
2810.9 Fire flow.
Fire-flow requirements for the site shall be determined by the fire code oicial.
2810.10 Portable fire extinguishers.
Portable fire extinguishers shall be selected, installed and maintained in accordance with Section 906.
2810.11 Alternative approach.
Where approved by the fire code oicial, pallet stacks are permitted to be located closer to a property line or structure than as required by Sections 2810.6 and 2810.7 where additional fire protection is provided, includi ng, but not limited to, the following:
1.The storage yard areas and materials-handling equipment selection, design, and arrangement are based on an approved risk assessment.
2.Automatic fire detection that transmits an alarm to a supervising station in accordance with NFPA 72.
3.Fire apparatus access roads around all storage areas.
315.7 Outdoor pallet storage.
Pallets stored outdoors shall comply with Sections 315.7 through 315.7.7. Pallets stored within a building shall be protected in accordance with Chapter 32.
315.7.1 Storage beneath overhead projections from buildings.
Where buildings are equipped throughout with an automatic sprinkler system, the outdoor storage of pallets under eaves, canopies or other projections or overhangs are prohibited except where automatic sprinklers are installed under such eaves, canopies or other projections or overhangs.
315.7.2 Distance to lot line.
Pallet storage shall not be located within 10 feet (3048 mm) of a lot line.
315.7.3 Storage height.
Pallet storage shall not exceed 20 feet (6096 mm) in height.
315.7.4 Pallet pile stability and size.
Pallet stacks shall be arranged to form stable piles. Individual pallet piles shall cover an area not greater than 400 square feet (37 m2).
31 5.7.5 Pallet types.
Pallets shall be all wood, with slatted or solid top or bottom, with metal fasteners, or shall be plastic or composite pallets, listed and labeled in accordance with UL 2335 or FM 4996. Plastic pallets shall be both solid and gridde d deck, independent of the pallet manufacturing process, type of resin used in fabrication or geometry of the pallet.
315.7.6 Pile separation distances.
In addition to the other requirements of this section, pallet stacks and piles shall be separated in accordance with Sections 315.7.6.1 and 315.7.6.2.
TABLE 315.7.6(1)
SEPARATION DISTANCE BETWEEN WOOD PALLET STACKS AND BUILDINGS WALL CONSTRUCTION OPENING TYPE WOOD PALLET SEPARATION DISTANCE (feet)
≤ 50
Pallets
51 to 200
Pallets
> 200
Pallets
Masonry None 2 2 2
Masonry Fire-rated glazing with open
sprinklers 2 5 20
Masonry Fire-rated glazing 5 10 20
Masonry Plain glass with open sprinklers 5 10 20
Noncombustible None 5 10 20
Wood with open
sprinklers — 5 10 20
Wood None 15 30 90
Any Plain glass 15 30 90
For SI: 1 foot = 304.8 mm.
TABLE 315.7.6(2)
SEPARATION DISTANCE BETWEEN PLASTIC PALLET STACKS AND BUILDINGS
WALL CONSTRUCTION OPENING TYPE
PLASTIC PALLET SEPARATION DISTANCE
(feet)
≤ 50 Pallets 51 to 200
Pallets > 200 Pallets
Masonry None 2 2 2
Masonry Fire-rated glazing with open
sprinklers 10 20 50
Masonry Fire-rated glazing 15 40 100
Masonry Plain glass with open sprinklers 15 40 100
Noncombustible None 15 40 100
Wood with open
sprinklers — 15 40 100
Wood None 30 80 150
Any Plain glass 30 80 150
For SI: 1 foot = 304.8 mm.
TABLE 315.7.6(3)
SEPARATION FROM OTHER PALLET PILES AND ON-SITE STORAGE (WOOD PALLETS)
WOOD PALLET SEPARATION DISTANCE (feet)
≤ 50 Pallets 51 to 200 Pallets > 200 Pallets
Between pallet piles 7.5 15 45
Other on-site storage 7.5 15 45
1. For SI: 1 foot = 304.8 mm.
TA
BLE 315.7.6(4)
SEPARATION FROM OTHER PALLET PILES AND ON-SITE STORAGE (PLASTIC PALLETS)
PLASTIC PALLET SEPARATION DISTANCE (feet)
≤ 50 Pallets 51 to 200 Pallets > 200 Pallets
Between pallet piles 15 40 75
Other on-site storage 15 40 75
2. For SI: 1 foot = 304.8 mm.
31 5.7.6.1 Building separation.
3. Pallet stacks and piles shall be separated from build ings in accordance with Table 315.7.6(1) for wood pallets and Table 315.7.6(2) for plastic pallets.
315.7.6.2 Separation from other pallets and on-site storage.
4. Pallets shall be separated from other pallet piles an d other storage in accordance with Table 315.7.6(3) for wood pallets and Table 315.7.6(4) for plastic pallets.
315.7.7 Prohibited locations.
5. Pallets shall not be stored underneath high-voltage t ransmission lines, elevated roadways or elevated railways.
June 9, 2025
The City of Hesperia, CA
9700 Seventh Avenue
Hesperia, CA 92345
RE: DEVELOPMENT CODE AMENDMENTS DCA24-00003
SPECIFIC PLAN AMENDMENT SPLA24-00005
PRELIMINARY COMMENTS IN OPPOSITION
PROJECT NO. C114-01
Dear Planning Commission:
Koffel Associates, Inc. has provided fire protection engineering and code compliance services to the National Wooden Pallet and Container Association (NWPCA) for approximately nine years. The relationship started when it was determined that the International Fire Code (IFC) lacked requirements for the storage of wood pallets at manufacturing and recycling facilities. We helped develop those requirements along with revising the requirements in NFPA 1 regarding the storage of wood pallets at manufacturing and recycling facilities. In addition, to facilitate compliance with the requirements we authored the NWPCA Fire Code Compliance Manual designed to help facility operators and code officials apply the requirements that were new to the 2018 Editions of the IFC and NFPA 1 (https://www.palletcentral.com/page/compliancemanual). In this instance, we have also been contacted by CIRE Equity to provide code consulting services regarding the proposed resolution.
We have reviewed the Staff Report dated June 12, 2025 but released to the public on Friday, June 6, 2025.
While we plan to offer more detailed comments, at this time we will offer the following general comments:
1. In the Background Section a statement is made that “Pallet yards often stack wooden pallets at considerable heights. Without adequate regulation of stacking height, spacing and volume, improperly stored pallets can pose a falling hazard, endangering employees, visitors, and nearby properties.” It should be noted that the California Fire Code contains two sections that address the outside storage of wood pallets, both of which address storage heights and clearances from important buildings and lot lines:
a. Section 2810 Outdoor Storage of Pallets at Pallet Manufacturing and Recycling Facilities b. Section 315.7 Outdoor Pallet Storage
2. In the Issue/Analysis section the issue is expanded to include indoor pallet manufacturing facilities indicating that there are “no specific regulations tailored to outdoor or indoor pallet facilities.” As noted above, the California Fire Code addresses the outdoor storage of wood pallets based upon whether the pallets are stored at manufacturing or recycling facilities or at other locations. The California Building Code classifies indoor manufacturing facilities as either ATTACHMENT 2
a Group F-1 occupancy or a Group H-2 occupancy, depending on the quantity of combustible dust that is generated. In most cases, such facilities would be required to be protected with an automatic sprinkler system and if pallets are stored inside, the sprinkler system density would be one of the higher densities required by NFPA 13 and NFPA 13 severely restricts the height of storage of pallets in such buildings.
3. In a subsequent analysis we will address the allegation that pallet facilities have a “well- documented history of contributing to severe fires…” It should be noted that we are not aware of a single severe fire incident at a facility that complies with the above-referenced codes.
4. The Proposed Resolution has numerous general flaws including:
a. The failure to recognize the difference between pallet storage at manufacturing and recycling facilities, idle pallet storage, and the unauthorized storage of pallets. As noted above, the California Fire Code recognizes those differences. b. The focus on wood pallets when in fact, plastic pallets can, depending on their construction, represent a more severe challenge.
c. The failure to consider the relative risk of compliant pallet storage facilities as compared to other uses permitted in the Limited Manufacturing (I1) and General Manufacturing (I2) zones.
SUMMARY
Given that the Proposed Resolution is based upon incorrect background information, fails to recognize the different types of pallet storage facilities, fails to address plastic pallets, and fails to consider the relative risk of such facilities as compared to other allowable uses we recommend that City Council vote “no” to adopt the Proposed Resolution presented by the Planning Commission.
Respectfully submitted,
William E. Koffel, P.E., FSFPE, SASHE
Director, Special Projects
Licensed in AZ, DC, HI, MD, NY, OH, PA, VA, WA
ATTACHMENT 2
EXHIBIT “A”
DCA24-00003 and SPLA24-00005
The following are modifications to Chapter 16.16.320 of the City of Hesperia Municipal Code and Chapter 9 of the Main Street and Freeway Corridor Specific Plan (additions are in underlined red text and deletions are shown with red and strikethrough):
1) The following are modifications to Chapter 16.16.320- Commercial and industrial uses of the City’s Municipal Code.
Land Use Designations
Land Uses C1 C2 C3 I1 I2
KK. Pallet manufacturing facilities
completely within an enclosed building
NP NP NP NP NP
LL. Pallet yard facilities with outdoor
storage
NP NP NP NP NP
MM KK. Parking/storage of recreational
vehicles
R R R
NN LL. Personal services (e.g., spas, salons,
tattoo shops and massage facilities) 8
R R R
OO MM. Planetarium, aquarium, botanical
garden and zoo
R
PP NN. Publishing and printing R R R
QQ OO. Processing (recycling) facility 4 NP NP NP CUP CUP RR PP. Recreational facility — Commercial R R R
SS QQ. Recycling center — Large collection
facility 4
NP NP NP CUP CUP
TT RR. Repair shop — Small items R R R R R
UU SS. Restaurant (sit down and takeout),
including outdoor dining 2
R R R
VV TT. Retail sales (not including off-sale
alcohol7 or single price overstock/discount
stores (SPODS).
R R R R6 R6
WW UU. School — Trade, community
college, university
R R R R
XX VV. School — Specialty non-degree (e.g.,
dance and martial arts)
R R R R R
YY WW. Semi-truck repair and storage
CUP CUP
ZZ XX. Shopping center (not including off-sale
alcohol 7 )
R R R
Attachment 4
AAA YY. Single price overstock/discount
stores (SPODS).
CUP CUP CUP
BBB ZZ. Outdoor storage of shipping
containers and semi-truck trailers as a primary
use 2
NP NP NP CUP CUP
CCC AAA. Trucking facilities including truck
terminals, bus terminals, and truck storage
yards 2
CUP CUP
DDD BBB. Theater NP NP NP NP NP
EEE CCC. Upholstery and furniture
repair/refinishing
R R R R
FFF DDD. Vehicle fuel station 2 CUP CUP CUP
GGG EEE. Vehicle parts and accessories
sales
R R
HHH FFF. Vehicle repair facility — Major (not
including semi-truck repair)
CUP CUP R R
III GGG. Vehicle repair facility — Minor
CUP CUP R R
JJJ HHH. Vehicle sales/rentals and leasing —
new and used 2
R
KKK III. Vehicle wash facility 2
CUP CUP CUP
LLL JJJ. Veterinary services — Clinics and
small animals hospitals (short term boarding)
R R R
MMM KKK. Warehousing and wholesale
distribution center
R R
NNN LLL. Wrecking yard 2 NP NP NP NP CUP
2) The following are modifications to Chapter 9- Non-Residential Zones of the Main Street and Freeway Corridor Specific Plan.
Chapter 9, Subsection (G) – Commercial Industrial Business Park Zone shall be amended to read:
3. Prohibited Uses
The following uses are prohibited in the Commercial/Industrial Business Park zone:
a) Pallet manufacturing facilities completely within an enclosed building. b) Pallet yard facilities with outdoor storage.
a c) Residential uses.
b d) Other uses not specifically authorized or determined by the Development Services Director or his/her designee to be detrimental to the public welfare by reason of emission of odor, dust, smoke, gas, noise, vibration or other causes.
Chapter 9, Subsection (H) - General Industrial Zone shall be amended to read:
3. Prohibited Uses
The following uses are prohibited in the General Industrial zone:
a) Any residential use.
b) Pallet manufacturing facilities completely within an enclosed building. c) Pallet yard facilities with outdoor storage.
b d) Other uses not specifically authorized or determined by the Development Services Director or his/her designee to be detrimental to the public welfare by reason of emission of odor, dust, smoke, gas, noise, vibration or other causes.
ORDINANCE NO. 2025-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT A
DEVELOPMENT CODE AMENDMENT AND SPECIFIC PLAN AMENDMENT
TO PROHIBIT THE ESTA BLISHMENT OF NEW, OR THE EXPANSION OF
EXISTING, OUTDOOR PALLET Y ARDS AND INDOOR PALL ET
MANUFACTURING FACILITIES (DCA24-00003 AND SPLA24-00005)
WHEREAS, on January 5, 1998, the City Council of the City of Hesperia adopted Ordinance No. 250, thereby adopting the Hesperia Municipal Code; and
WHEREAS, On September 2, 2008, the City Council of the City of Hesperia adopted Ordinance No. 2008-12, thereby adopting the Main Street and Freeway Corridor Specific Plan; and
WHEREAS, on August 20, 2024, the City Council adopted Urgency Ordinance No. 2024 -10, implementing a 45-day moratorium on establishing or expanding pallet yard facilities within the City; and
WHEREAS, on September 17, 2024, the City Council extended the moratorium for ten months and fifteen days, bringing the total duration to one year , to a llow staff to analyze the potential issues associated with pallet yard facilities; and
WHEREAS, there are no specific development standards directly regulating outdoor pallet yards or indoor pallet manufacturing facilities.
WHEREAS, staff analyzed poten tial issues and determined that to protect the public’s health, safety, and welfare, the establishment, expansion and operation of outdoor pallet yards and indoor pallet manufacturing facilities shall be prohibited in all industrial zoning d esignations within the City. Pallet facilities pose significant fire hazards due to the high combustibility of stacked wooden pallets. The excessive vertical stacking of pallets presents a clear risk of fire, safety hazard s, and obstruction of emergency access. Additiona lly, these uses generate excessive noise, attract rodents, create visual blight , and contribute to environmental impacts through improper storage and stormwater runoff contamination; and
WHEREAS, the City finds that it is necessary to amend the Hesperia M unicipal Code and the Main Street and Freeway Corridor Specific Plan to prohibit pallet yard facilities; and
WHEREAS, the City proposes to amend Chapter 16.16.320 – Commercial and Industrial Uses of the Municipal Code to prohibit the establishment of new , or the expansion of existing outdoor pallet yards and indoor pallet manufacturing facilities; and
WHEREAS, the City proposes to amend Chapter 9 – Non-Residential Zones of the Main Street and Freeway Corridor Specific Plan to prohibit the establishment of new, or the expansion of existing outdoor pallet yards and indoor pallet manufacturing facilities; and
WHEREAS, the proposed Development Code Amendment DCA24-00003 and Specific Plan Amendment SPLA24-00005 (DCA24-00003 & SPLA24 -00005) are exempt from t he California Environmental Quality Act (CEQA) per Section 15061(b)(3), as it can be seen with certainty that there is no significant effect on the environment. The proposed Amendments are also exempt from the requirements of the California Environmental Q uality Act by Section 16.12.415(B)(10)
of the City’s CEQA Guidelines, as the Amendments are exempt if they do not propose to increase the density or intensity allowed in the General Plan; and
WHEREAS, on June 12, 2025, the Planning Commission of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed amendment and concluded said hearing on that date; and
WHEREAS, on July 15, 2025, the City Council of the City of Hesperia conducted a duly noticed public hearing pertaining to the proposed Amendment and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in this Ordinance are true and correct.
Section 2. Based upon substantial evidence presented to the City Council, including written and oral staff reports, the City Council specifically finds that the proposed Ordinance is consistent with the goals and objectives of the adopted General Plan as it will enhance the quality of life by preserving a calm environment and eliminating the risk of future adverse impacts to neighborhoods within the City.
Section 3. The proposed development code amendment is necessary because the existing regulations do not contain any development standards as to the operational characteristics of pallet yard facilit ies. These facilities pose serious fire and safety risks due to the high flammability of stacked pallets and the obstruction of emergency access due to improper separation of pallets. They also contribute to noise, attract pests, create visual blight, and raise environmental concerns, including stormwater contamination and airborne health hazards . Fires at these sites are well -documented, often burning for extended periods and endangering nearby homes, businesses, and infrastructure.
Poorly maintained facilities may also invite illegal dumping and i ncreasing public costs for enforcement and cleanup. The prohibition on pallet yard facilities city wide, is intended to enhance public safety and promote responsible development that balances economic activity with community well-being.
Section 4. Based on the findings and conclusions set forth in this Ordinance, the City Council hereby adopts Development Code Amendment DCA24-00003 and Specific Plan Amendment SPLA24-00005 to prohibit the establishment of new, or the expansion of existing outdoor pallet yards and indoor pallet manufacturing facilities as shown on Exhibit “A.”
Section 5. This Ordinance shall take effect thirty (30) days from the date of adoption.
Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Hesperia pursuant to the provisions of Resolution No. 2007-101.
ADOPTED AND APPROVED on this 19th day of August 2025.
__________________________________ _______________________________ Allison Lee, Mayor
ATTEST:
_________________________________________
Jessica Giber, Assistant City Clerk
City of Hesperia
STAFF REPORT
DATE: June 12, 2025
TO: Planning Commission
FROM: Nathan R. Freeman, Director of Development Services BY: Ryan Leonard, Principal Planner
Edgar Gonzalez, Senior Planner
SUBJECT: Development Code Amendment DCA2 4-00003 and Specific Plan Amendment SPLA24-00005; Applicant: City of Hesperia; Area Affected: City-wide
RECOMMENDED ACTION
It is recommended that the Planning Commission adopt Resolution No. PC -2025-07, recommending that the City Council introduce and place on first reading an ordinance approving Development Code Amendment DCA24-00003 and Specific Plan Amendment SPLA24-00005 to prohibit the establishment of new, or the expansion of existing, outdoor pallet yards and indoor pallet manufacturing facilities.
BACKGROUND
On August 20, 2024, the City Council recognized the need for regulations on pallet yard facilities due to their potential negative impacts. Consequ ently, the Council adopted Urgency Ordinance No. 2024-10, implementing a 45-day moratorium on the establishment or expansion of pallet yard facilities within the City (Attachment 1).
On September 17, 2024, the City Council extended the moratorium for ten months and fifteen days, bringing the total duration to one year (Attachment 2).
The purpose of the moratorium was to allow staff time to analyze the potential issues associated with pallet yard facilities and propose regulations to mitigate their impact on the community. The primary concerns related to pallet yards include:
Fire Risk: Outdoor pallet storage yards pose a significant fire hazard due to the accumulation of large quantities of highly combustible wood. In recent years, multiple fires at outdoor pallet yards in nearby cities have resulted in millions of dollars in damages. Stacking Hazards: Pallet yards often stack wooden pallets at considerable heights. Without adequate regulation of stacking height, spacing, and volume, improperly stored pallets can pose a falling hazard, endangering employees, visitors, and nearby properties. Improper stacking may also increase fire risk.
ISSUES/ANALYSIS
Existing Regulations: Under the Hesperia Municipal Code (Section 16.16.320), outdoor pallet yards and indoor pallet manufacturing facilities are currently permitted in the Limited Manufacturing (I1) and General Manufacturing (I2) zones. These facilities are classified as general manufacturing uses and are subject to development standards regulating outdoor storage Attachment 6
Staff Report to the Planning Commission
DCA24-00003 and SPLA24-00005
June 12, 2025
(for outdoor pallet yards only). However, there are no specific regulations tailored to outdoor or indoor pallet facilities.
Similarly, the Main Street and Freeway Co rridor Specific Plan permits these uses in the Commercial Industrial Business Park (CIBP) and General Industrial (GI) zones. While they are classified as general manufacturing uses, the Specific Plan also lacks explicit regulations for pallet facilities.
Proposed Regulations: As noted, there are no specific development standards directly regulating outdoor pallet yards or indoor pallet manufacturing facilities. The proposed Development Code Amendment seeks to prohibit the establishment, expansion, and operation of these facilities in all industrial zoning designations within the City.
These uses present significant fire hazards due to the high combustibility of stacked wooden pallets. The excessive vertical stacking of pallets also creates safety risks and can hinder emergency access. In addition to fire and safety concerns, pallet facilities often generate excessive noise, attract rodents, create visual blight, and contribute to environmental issues, including improper material storage and potential stormwater runoff contamination.
Pallet facilities have a well-documented history of contributing to severe fires, many of which have resulted in extensive property damage, environmental degradation, and public safety risks.
Numerous incidents, both locally and nationally, have involved fires burning for hours or days, demonstrating how quickly stacked pallets can ignite and how intensely they burn. Their high combustibility, coupled with inadequate emergency access, often results in uncontrollable fires that threaten surrounding businesses, residential neighborhoods, and critical infrastructure.
Facilities lacking proper oversight or maintenance often contribute to urban decline by facilitating illegal dumping and exposing surrounding communities to airborne he alth hazards. These negative impacts frequently lead to increased costs for cities, which must allocate resources to code enforcement, fire response, and environmental cleanup. Additionally, pallet facilities typically provide minimal economic return, representing an inefficient use of industrial space, especially in communities focused on sustainable growth, workforce development, and long -term economic resilience.
The proposed prohibition aims to preserve the quality of life in residential, commercial, a nd industrial zones, reduce fire risk to adjacent properties, and promote more compatible and sustainable land uses.
Environmental: Approval of the Development Code Amendment and Specific Plan Amendment is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3), as it can be seen with certainty that there is no significant effect on the environment. The proposed Development Code Amendment and Specific Plan Amendment are also exempt under Section
16.12.415(B)(10) of the City’s CEQA Guidelines, as they do not propose to increase the density or intensity allowed by the General Plan.
Conclusion: The proposed ordinance prohibits new and expanded outdoor pallet yards and indoor pallet manufacturing facilities. This action is intended to enhance public safety and promote responsible development that balances economic activity with community well-being.
Staff Report to the Planning Commission
DCA24-00003 and SPLA24-00005
June 12, 2025
CITY GOAL SUPPORTED BY THIS ITEM
Future Development: Facilitate balanced growth to ensure cohesive community development and pursue economic development.
FISCAL IMPACT
There are no identified fiscal impacts associated with this action.
ALTERNATIVE(S)
1. The Planning Commission may provide alternative direction to staff.
ATTACHMENT(S)
1. Ordinance 2024-10 (45-day Moratorium)
2. Ordinance 2024-11 (10 months & 15-day Extension to Moratorium)
3. Exhibit A – Amended language for DCA & SPLA
4. Resolution No. PC-2025-07
01071.0017 2028095.1
City of Hesperia
STAFF REPORT
DATE: August 19, 2025
TO: Mayor and City Council Members
FROM: Rachel Molina, City Manager
BY: Nathan R. Freeman, Director of Development Services SUBJECT: Consider Adoption of Resolution of Necessity to Acquire a Portion of APN 3057- 051-06 at the Southeast Corner of Escondido Avenue and Sultana Street
RECOMMENDED ACTION
It is recommended that the City Council hold a hearing on the proposed Resolution of Necessity and adopt the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire the portion of property located at the Southeast Corner of Escondido Avenue and Sultana Street (APN 3057-051-06).
BACKGROUND
A 21,718 square foot portion of APN 3057-051-06 needs to be acquired for the installation of a traffic signal and related improvements (the “Project”) on the southeast corner of Escondido Avenue and Sultana Street. The subject portion has been appraised by a professional real estate appraiser retained by the City. The full fair market value of the subject portion is $39,092.
In April 2025, the City of Hesperia made a written offer, in compliance with Government Code Section 7267.2, to purchase the subject portion. However, the property owners did not respond.
On July 31, 2025, in accordance with California Government Code Section 1245.235, the City gave notice to the property owners that the City Council would consider a Resolution of Necessity authorizing the acquisition of the subject portion by eminent domain. The notice informed the property owners of their right to appear at this hearing and be heard on the following issues:
1. Whether the public interest and necessity require the Project;
2. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
3. Whether the acquisition of the subject portion is necessary for the Project;
4. Whether the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record, or the offer was not made because the owner cannot be located with reasonable diligence; and
5. Whether the offer required by Section 7267.2 of the Government Code was made in the form and substance required by law.
While a hearing on a Resolution of Necessity is often referred t o as a public hearing, the only notice required is a 15-day notice by regular mail to the property owners. No published notice is required.
The affirmative vote of two-thirds of all the members of the City Council, which in this case is four (4) affirmative votes, is required to adopt the Resolution of Necessity.
Staff Report to the Mayor and City Council Members
Southeast Corner of Escondido Avenue and Sultana Street August 19, 2025
FINDINGS REQUIRED IN THE RESOLUTION OF NECESSITY
Public acquisition of private property by eminent domain for the installation of a traffic signal and related improvements is authorized by Section 19 of Article I of the California Constitution, California Code of Civil Procedure Sections 1240.010 through 1240.050 and Sections 1240.410 through 1240.430, and Government Code Sections 37350, 37350.5, and 40404.
Pursuant to California Government Code Section 1240.030, the power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established:
a) The public interest and necessity require the Project. b) The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
c) The property sought to be acquired is necessary for the project.
In addition, a Resolution of Necessity must include a finding that the offer required by Government Code Section 7267.2 has been made to the owner or owners of record, or the offer was not made because the owner could not be located with reasonable diligence.
In this case, public interest, convenience, and necessity require the Project, for the improvement of the southeast corner of Escondido Avenue and Sultana Street. With the increase in population, as well as vehicular and pedestrian traffic within the local vicinity, additional infrastructure improvements to the City’s streets and highways are necessary to improve public health and safety and ensure orderly and responsible growth. This Project will facilitate such improvements to public health and safety and responsible growth by promoting the orderly and safe fl ow of vehicular traffic and cross traffic at an important intersection. Accordingly, the Project is necessary to meet the needs of a growing City and improve the public health and safety of those traveling along Escondido Avenue and Sultana Street and the local vicinity.
The Project is planned in the manner which will be the most compatible with the greatest public good and the least private injury. The subject portion is located at the southeast corner and intersection of Escondido Avenue and Sultana St reet. This intersection already exists and is highly traveled. Vehicular traffic along the north-south intersection of Escondido Avenue is fairly substantial and vehicles travel at a relatively high speed, making it difficult for cross traffic along Sultana Street to pass or merge onto Escondido Avenue. It is estimated that 22,000 vehicles utilize that intersection on a daily basis. Without the traffic signal improvements, traffic along Sultana would continue to worsen and jeopardize the public health and s afety of those traveling through that intersection. Because the intersection already exists (and is part of the City’s Circulation Element), relocating any portion of either Escondido Avenue or Sultana Street is not feasible. Additionally, all the surround ing property within the vicinity is privately owned, so additional street realignments would not provide the greatest good with least private injury. Other potential locations for the Project are technically infeasible or have greater adverse impacts.
Acquisition of the subject portion is necessary for the Project, as the location of the subject portion makes it the only location on which to install traffic signals and related improvements. As already stated, other potential locations for the Project are technically infeasible or have greater adverse impacts. In other words, without the subject portion, the Project cannot be constructed.
Lastly, in April 2025, the City made an offer to the property owners pursuant to Government Code Section 7267.2. However, not all property owners were able to accept the offer due to one party being out of the country and unavailable.
Staff Report to the Mayor and City Council Members
Southeast Corner of Escondido Avenue and Sultana Street August 19, 2025
After the City receives testimony and evidence from all interested parties, the City Council must make a determination as to whether to acquire the subject portion by eminent domain and adopt the proposed Resolution of Necessity (see Attachment 2) or not. The City Council must make the above findings based upon all the evidence and the existence of the above stated conditions.
If app roved, the City Attorney will be directed to take all necessary steps to initiate legal proceedings in a court of competent jurisdiction to acquire the property through eminent domain.
The City Attorney will also seek an order for prejudgment possession in accordance with the provisions of eminent domain law, allowing the City to move forward with the Project while legal proceedings are pending.
CITY GOAL SUPPORTED BY THIS ITEM
Future Development- Facilitate balanced growth to ensure cohesive community de velopment and pursue economic development.
FISCAL IMPACT
The cost of acquisition of the subject portion will be funded from the account 204-29-700-7174- 8400.
ATTACHMENT(S)
1. Resolution of Necessity for APN 3057-051-06
01071.0017 1014394.1 8/4/2025
RESOLUTION NO. 2025-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,
CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND
NECESSITY REQUIRE ACQUISITION OF A PORTION OF ASSESSOR
PARCEL NO. 3057-051-06.
WHEREAS, for the public purposes set forth herein, the City of Hesperia, California is authorized to acquire property through the exercise of eminent domain pursuant to Section 19 of Article 1 of the California Constitution, Sections 1240.010 through 1240.050 of the California Code of Civil Procedure, and Sections 37350, 37350.5, and 37361 of the California Government Code; and
WHEREAS, the “Project” for the purposes of this acquisition is the installation of a traffic signal and related improvements; and
WHEREAS, in order to carry out and make effective the principal purpose of the Project, it is necessary for the City of Hesperia to acquire a portion of privately-owned real property located at the southeast corner of Escondido Avenue and Sultana Street (APN 3057-051-06) (“Property”); and
WHEREAS, the subject portion the City seeks to acquire is described in Exhibit “A” which is attached hereto and incorporated by this reference, and depicted on the diagram attached hereto as Exhibit “B” which is incorporated by this reference; and WHEREAS, in April 2025, the City made a written offer to acquire the subject portion to the record owners at an amount that was not less than the appraised fair market value in compliance with Government Code Section 7267.2(a), and some owners of the Property have expressed interest in selling the property, while others have not responded to the written offer, so the owners collectively have not conveyed the subject portion to the City as of the date of this Resolution; and
WHEREAS, on July 31, 2025, a Notice of Intent to Adopt a Resolution of Necessity for Acquisition of the subject portion (a copy of which is attached hereto as Exhibit “C” and incorporated by this reference) was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an ownership interest in the subject portion, and to the address appearing on said Roll, which Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and
WHEREAS, the hearing that was the subject of said Notice of Hearing was held on August 19, 2025, at the time and place stated therein and all interested parties were given an opportunity to be heard on the following matters:
(a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the Property proposed to be acquired is necessary for the Project;
2 (d) Whether an offer meeting the requirements of Government Code Section 7267.2 has been made to the owner or owners of record;
(e) Whether all other prerequisites for the exercise of eminent domain to acquire the Property have been met; and
WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require the City to acquire the subject portion for the stated purposes.
NOW THEREFORE, BE IT RESOLVED , that the City Council hereby does find, determine, and declare based upon evidence presented to it as follows:
Section 1. The staff report presented regarding this matt er at the August 19, 2025, hearing is incorporated herein by this reference. The facts referenced in this Resolution and the staff report, and specifically the recitals above, are found to be true and are incorporated herein by this reference. The findings made by the City Council herein are supported by substantial evidence contained in the record of this proceeding.
Section 2. The subject portion to be acquired is located within the City of Hesperia, County of San Bernardino, State of California, which is a portion of real property with Assessor's Parcel No. 3057-051-06, as described in Exhibit “A” and depicted in Exhibit “B”.
Section 3. The public interest, convenience, and necessity require the Project for the installation of a traffic signal and related improvements. Incorporated in 1988, the City of Hesperia has experienced substantial economic growth and residential developments. With the increase in population, as well as vehicle and pedestrian traffic, additional infrastructure improvements to the City’s streets and highways are necessary to improve public health and safety and ensure orderly and responsible growth. This Project will facilitate such improvements to public health and safety and responsible growth by promoting the orderly and safe flow of vehicular traffic and cross traffic at an important intersection. Accordingly, the Project is necessary to meet the needs of a growing City and improve the public health and safety of those traveling along Escondido Avenue and Sultana Street and the local vicinity.
Section 4. The Project is planned in the manner which will be the most compatible with the greatest public good and the least private injury. The Property is currently at the southeast corner and intersection of Escondido Avenue and Sultana Street. This intersection already exists and is highly traveled. Vehicular traffic along the north-south intersection of Escondido Avenue is fairly substantial and vehicles travel at a relatively high speed, making it difficult for cross traffic along Sultana Street to pass or merge onto Escondido Avenue. It is estimated that 22,000 vehicles utilize that intersection on a daily basis. Without the traffic signal improvements of the Project, traffic along Sultana would continue to worsen and jeopardi ze the public health and safety of those traveling through that intersection. Because the intersection already exists (and is part of the City’s Circulation Element), relocating any portion of either Escondido Avenue or Sultana Street is not feasible. Addi tionally, all the surrounding property within the vicinity is privately owned, so additional street realignments would not provide the greatest good with least private injury. Other potential locations for the Project are technically infeasible or have greater adverse impacts.
Section 5. Acquisition of the subject portion is necessary to the Project, as the location of the subject portion makes it the only location on which to install traffic signals and related improvements. As already stated, other pot ential locations for the Project are technically
3 infeasible or have greater adverse impacts. Without the subject portion, the Project cannot be constructed. Acquisition of the subject portion is expressly authorized by Section 19 of Article 1 of the California Constitution, California Code of Civil Procedure Sections 1240.010 through 1240.050 and Government Code Sections 37350, 37350.5, and 37361.
Section 6. The offer required by Government Code Section 7267.2 has been made to the owners of record of the subject portion, by way of letter dated July 31, 2025. Most of the property owners are amenable to the acquisition, but one property owner has not responded , being out of the county and unavailable.
Section 7. The City hereby declares its intent to acquire the subject portion described in Exhibit “A” in the City’s name, in accordance with the provisions of the law of the State of California and finds that all conditions, statutory requirements and prerequisites to the exercise of eminent domain to acquire the subject portion described herein and the Project have been complied with by the City.
Section 8. The law firm of Aleshire & Wynder, LLP, is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Property in accordance with the provisions of the California Eminent Domain Law and the Constitution of California. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of immediate possession and occupancy of the Property.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Hesperia this 19th day of August, 2025.
__________________________________
Allison Lee, Mayor
ATTEST:
____________________________
Jessica Giber, Assistant City Clerk
4 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF HESPERIA )
I, Jessica Giber, Assistant City Clerk of the City of Hesperia, California, do hereby certify that Resolution No. 2025-33 was adopted by the City Council of the City of Hesperia at a regular meeting held on the __ day of _____, 2025, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Jessica Giber, Assistant City Clerk
5 EXHIBIT “A”
LEGAL DESCRIPTION
IRREVOCABLE OFFER OF DEDICATION
APN: 3057-051-06
That portion of the West ½ of the West ½ of the Northwest ¼ of the Southeast ¼ of Section 23, T.4N., R.5W., San Bernardino Meridian, in the City of Hesperia, County of San Bernardino, State of California, described as follows:
Commencing at the Southwest corner of said Northwest ¼ of the Southeast ¼, also being the centerline intersection of Escondido Avenue and Hollister Street; thence North 00°15’57” West, 30.00 feet along the Westerly line of the West ½ of the West ½ of the Northwest ¼ of the Southeast ¼ of Section 23 and the centerline of Escondido Avenue as shown on Tract Map No. 16744, Map Book 301 at Pages 45 through 49 to the North right of way of Hollister Street; thence North 89°58’01” West, 40.00 feet along the Northerly line of Hollister Street to the Point of Beginning; thence North 00°15’57” West, 1,290.00 feet along a line parallel to and 40.00 feet East of the Westerly line of the West ½ of the West ½ of the Northwest ¼ of the Southeast ¼ of Section 23 and the centerline of Escondido Avenue to the centerline of Sulta na Street as shown on Tract Map No. 16660-2, Map Book 316 at Pages 50 through 54; thence North 89°34’38” East, 290.00 feet along the said centerline of Sultana Street; thence South 00°15’57” East, 30.00 feet along the Easterly line of the West ½ of the West ½ of the Northwest ¼ of the Southeast ¼ of Section 23; thence leaving said Easterly line along a line parallel with and 30.00 feet South of said centerline of Sultana Street South 89°34’38” West, 259.06 feet; thence South 34°37’15” West, 36.57 feet to a point 50.00 East of said centerline of Escondido Avenue; thence South 00°15’57” East, 1205.56 feet; thence South 40°07’15” East, 32.57 feet to a line that is parallel with and 30.00 feet North of the centerline of Hollister Street as shown on Tract Map No . 17441, Map Book 320, Pages 84 through 87, said line also being the North right -of-way of Hollister Street, thence North 89°58’01” West parallel to the said centerline of Hollister Street, 30.71 feet to the Point of Beginning.
The land described herein contains 21,758.75 square feet, 0.50 AC.
This real property has been described by me, or under my direction, in conformance with the Professional Land Surveyor’s Act.
See Exhibit “B” for a plat depicting the above-described property.
6 EXHIBIT “B”
PLAT MAP
7 EXHIBIT “C”
NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY
8