City Council

City of Hesperia City Council Chambers 9700 Seventh Ave. Hesperia CA, 92345 www.cityofhesperia.us Meeting Agenda Tuesday, February 16, 2016 6:30 PM City Council City Council Meeting Agenda February 16, 2016 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 As a courtesy, please silence your cell phones, pagers, 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. Comments are limited to three (3) minutes for Public Comments, Consent Calendar and New Business and five (5) minutes for Public Hearings. PLEASE SUBMIT A COMMENT CARD TO THE CITY CLERK WITH THE AGENDA ITEM NUMBER NOTED. CLOSED SESSION - 5:30 PM Roll Call Mayor Bill Holland Mayor Pro Tem Paul Russ Council Member Russell Blewett Council Member Mike Leonard Council Member Eric Schmidt Conference with Legal Counsel - Potential Litigation: Government Code Section 54956.9(d)2 1. One (1) case Conference with Real Property Negotiators – Property Negotiations Government Code Section – 54956.8 1. Negotiating Parties: Wagner and City of Hesperia Location: APN 0357-591-54 Under Negotiations: Price and terms CALL TO ORDER - 6:30 PM A. Invocation by Mark Marcos Hesperia United Methodist Church B. Pledge of Allegiance to the Flag C. Roll Call Mayor Bill Holland Mayor Pro Tem Paul Russ Council Member Russell Blewett Council Member Mike Leonard Council Member Eric Schmidt D. Agenda Revisions and Announcements by City Clerk City of Hesperia Page 2 Printed on 2/11/2016 City Council Meeting Agenda February 16, 2016 E. Closed Session Reports by City Attorney ANNOUNCEMENTS/PRESENTATIONS 1. Presentation to retiring employees Renee Montross, Senior Office Assistant and Gary Bush, Fire Department Divsion Chief 2. Introduction of incoming Fire Department Division Chief Ronald Walls by retiring Division Chief Gary Bush 3. Community Events Calendar by Rachel Molina, Community Relations and Media Coordinator PUBLIC COMMENTS Please complete a “Comment Card” and give it to the City Clerk. Comments are limited to three (3) minutes per individual. State your name for the record before making your presentation. Disclosure of your address is optional, but very helpful for the follow-up process. Under the provisions of the Brown Act, the Council is prohibited from taking action on oral requests. However, Council/Agency/Authority/Commission/Board Members may respond briefly or refer the communication to staff. The Council/Agency/Authority/Commission/Board may also request the City Clerk to calendar an item related to your communication at a future meeting. 1) City Council 2) Fire District 3) Water District JOINT CONSENT CALENDAR 1. Consideration of the Draft Minutes from the Special Joint Meetings held Saturday, January 16, 2016 and Tuesday, January 26, 2016, the Special Closed Session Meeting held Tuesday, January 26, 2016, and the Regular Meeting held Tuesday, February 2, 2016 Recommended Action: It is recommended that the City Council approve the Draft Minutes from the Special Joint Meetings held Saturday, January 16, 2016 and Tuesday, January 26, 2016, the Special Closed Session Meeting held Tuesday, January 26, 2016, and the Regular Meeting held Tuesday, February 2, 2016. Staff Person: City Clerk Melinda Sayre Attachments: Draft CC Min Special Joint Meeting 2016-01-16 Draft CC Min Special Joint Meeting 2016-01-26 Draft CC Min Special Meeting 2016-01-26 Draft CC Min 2016-02-02 2. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Commission - Fire - Water) Recommended Action: City of Hesperia Page 3 Printed on 2/11/2016 City Council Meeting Agenda February 16, 2016 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, Fire District, and Water District. Staff Person: Assistant City Manager/Management Services Brian Johnson Attachments: SR Warrant Report 2-16-2016 Attachment 1 - Warrant Run 3. Treasurer’s Cash Report for the period ended December 31, 2015 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, Fire District, and Water District. Staff Person: Assistant City Manager/Management Services Brian Johnson Attachments: SR Treasurer's Report 2-16-2016 Attachment 1 - Investment Reports 4. Eagle Hesperia 55 Affordable Senior Housing Loan Agreement Recommended Action: A Loan Agreement and all supporting documents for a new construction, affordable senior apartment project is being submitted for review and consideration by the Commissioners of the Hesperia Housing Authority (HHA). Upon review and consideration, the Commissioners of the HHA may adopt Resolution No. HHA 2016-03 approving and authorizing execution of the Affordable Housing Loan Agreement, all supporting documents including a Regulatory Agreement, and any necessary Third-Party Agreements, by and between the HHA and Eagle Hesperia 55, L.P. (Eagle), a California Limited Partnership and make certain findings in connection therewith. Staff Person: Economic Development Director Steve Lantsberger Attachments: SR Eagle Loan Agreement 2-16-2016 Resolution HHA 2016-03 Attachment 2 - Hesperia-Eagle Loan Agreement 5. Award Contract for Street Improvements - Fir St. & Rodeo St. (C.O. No. 7134) and Make a Finding of a Categorical Exemption/Categorical Exclusion for the Project Recommended Action: It is recommended that the City Council: (1) Award a contract to the lowest responsive and responsible bidder, Matich Corporation in the amount of $362,458; approve an additional 10% contingency in the amount of $36,200 for a total construction budget of $398,658; approve the design of the project represented by the plans and City of Hesperia Page 4 Printed on 2/11/2016 City Council Meeting Agenda February 16, 2016 specifications; and authorize the City Manager to execute the contract. (2) Make a finding of a California Environmental Quality Act (CEQA) Categorical Exemption, Class 1 & 4 per Pub. Res. Code § 21084 and 14 Cal. Code Regs. §§ 15301 and 15304, and a National Environmental Policy Act (NEPA) Categorical Exclusion per 24 CFR 58.35(a) for the Project and authorize the filing of a Notice of Exemption per Pub. Res. Code § 21152. Staff Person: Interim Director of Development Services Joseph Lim Attachments: SR Award Contract for Street Improvements 2-16-2016 6. Water Rights Purchase from Jerry Cunningham Recommended Action: It is recommended that the Board of Directors of the Hesperia Water District adopt Resolution HWD 2016-04 appropriating $47,000 to the Water Fund; and authorize the purchase of 10 acre-feet of permanent Base Annual Production water rights in the Alto Subarea from Jerry Cunningham at $4,700 per acre-foot, for a total amount of $47,000. Staff Person: Interim Director of Development Services Joseph Lim Attachments: SR Water Rights Purchase 2-16-2016 7. Adopt Resolution Opposing United States Refugee Resettlement Program Recommended Action: It is recommended that the City Council adopt Resolution 2016-05, opposing the relocation of refugees from the United States (U.S.) Refugee Resettlement Program in the City of Hesperia. Staff Person: Management Analyst Julie Ryan Attachments: SR Refugee Resettlement Program 2-16-2016 Resolution 2016-05 PUBLIC HEARINGS Please complete a “Comment Card” and give it to the City Clerk prior to the meeting. Comments are limited to five (5) minutes per individual. State your name for the record before making your presentation. Disclosure of your address is optional, but very helpful for the follow-up process. 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. PUBLIC HEARING 8. Continuation of an appeal (APP14-00002) of the Planning Commission's decision to deny Revised Tentative Tract TTR14-00001; Applicant: Frontier Communities; APNs: 0405-042-07 & 08 Recommended Action: City of Hesperia Page 5 Printed on 2/11/2016 City Council Meeting Agenda February 16, 2016 Frontier Communities has withdrawn this Appeal. No further action is required. Staff Person: Senior Planner Daniel Alcayaga Attachments: SR Frontier Communities Appeal 2-16-2016 Attachment 1 - Withdrawal Letter 9. Medical Marijuana - Prohibition of Mobile Dispensaries, Cultivation and Manufacturing Recommended Action: It is recommended that the City Council adopt Urgency Ordinance No . 2016-01, establishing regulations to define and prohibit mobile dispensaries, cultivation and manufacturing of marijuana citywide, and declare the urgency thereof to become effective immediately. The Planning Commission recommends that the City Council adopt Ordinance No. 2016-02, recommending that the City Council introduce and place on first reading an Ordinance to define and prohibit mobile dispensaries, cultivation and manufacturing of marijuana citywide. Staff Person: Principal Planner Dave Reno Attachments: SR Marijuana Cultivation and Mobile Prohibition 2-16-2016 Urgency Ordinance 2016-01 Ordinance 2016-02 Attachment 3 - Exhibit A NEW BUSINESS NEW BUSINESS 10. Fiscal Year 2015-16 Mid-Year Budget Review Recommended Action: It is recommended that the Fiscal Year 2015-16 Mid-Year Budget Review be received and filed and the following related resolutions, which amend the respective Fiscal Year 2015-16 Budgets for the City of Hesperia and the Hesperia Fire Protection District be approved: 1) City of Hesperia Resolution No. 2016-006 2) Hesperia Fire Protection District HFPD 2016-04 Staff Person: Assistant City Manager/Management Services Brian Johnson Attachments: SR Mid-Year Budget Review 2-16-2016 Attachment 1 - Fiscal Year 2015-16 Mid-Year Budget Review Resolution 2016-006 Resolution HFPD 2016-04 COUNCIL COMMITTEE REPORTS AND COMMENTS City of Hesperia Page 6 Printed on 2/11/2016 City Council Meeting Agenda February 16, 2016 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, Melinda Sayre, City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Thursday, February 11, 2016 at 5:30 p.m. pursuant to California Government Code §54954.2. _____________________________ Melinda Sayre, 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 Page 7 Printed on 2/11/2016