Hesperia — 2024-03-19

CLOSED SESSION - 5:00 PM\nConference with Legal Counsel - Potential Litigation:\nGovernment Code Section 54956.9(d)2\n1. One (1) Case\nConference with Legal Counsel – Existing Litigation\nGovernment Code Section 54956.9(d)1\n1. Apex HM, LLC et al. v. City of Hesperia, et al. (San Bernardino County\nSuperior Court Case No. CIVSB2208845)\n2. County of SB V City of Hesperia, Case no: CIVSB2209965\nConference with Real Property Negotiators – Property Negotiations\nGovernment Code Section – 54956.8\n1. Property: Water Rights\nAgency negotiator: City Manager\nNegotiating Parties: Paula McKinney\nUnder Negotiations: Price and Terms\n2. Property: Water Purchase\nAgency negotiator: City Manager\nNegotiating Parties: Fenner Gap Mutual Water Company\nUnder Negotiations: Price and Terms

2. Page 11 Warrant Run Report (City - Successor Agency - Housing Authority -\nCommunity Development Commission - Water)\nRecommended Action:\nIt is recommended that the Council/Board ratify the warrant run and payroll\nreport for the City, Successor Agency to the Hesperia Community\nRedevelopment Agency, Hesperia Housing Authority, Community\nDevelopment Commission, and Water District.\nStaff Person: Assistant City Manager Casey Brooksher\nAttachments: SR Warrant Run 3-19-2024\nAttachment 1 -Warrant Run

3. Page 13 Treasurer’s Cash Report for the unaudited period ended January 31, 2024.\nRecommended Action:\nIt is recommended that the Council/Board accept the Treasurer’s Cash Report\nfor the City, Successor Agency to the Hesperia Community Redevelopment\nAgency, Hesperia Housing Authority, Community Development Commission,\nand Water District.\nStaff Person: Assistant City Manager Casey Brooksher\nAttachments: SR Treasurer's Report 3-19-2024\nAttachment 1-Treasurer's Report

4. Page 23 NuLevel Partners, Inc. Settlement Agreement\nRecommended Action:\nIt is recommended that the City Council approve the attached settlement\nagreement in the pending litigation matter NuLevel Parners, Inc, v. City of\nHesperia (SBSC Case No. CIVSB2133905) regarding the development of\napproximately 35 acres of vacant land located along the south side of Mojave\nStreet between Topaz Avenue and Tamarisk Avenue (APN 0405-261-77-0000\n(the Property)).\nStaff Person: City Attorney Pam K. Lee\nAttachments: SR NuLevel Partners, Inc. Settlement Agreement 3-19-2024\nAttachment 1 - Settlement Agreement and General Release

5. Page 109 Urgency Ordinance-Single Price Overstock/Discount Stores Moratorium\nRecommended Action:\nIt is recommended that the City Council waive further reading and adopt\nUrgency Ordinance 2024-03 pursuant to California Government Code Section\n65858 extending a moratorium for a period of ten (10) months and fifteen (15)\ndays on the establishment or expansion of single price overstock /discount\nstores, or store as appropriate (SPODS).\nStaff Person: Principal Planner Ryan Leonard\nAttachments: SR Single Price Overstock/Discount Stores Moratorium 3-19-2024\nOrdinance 2024-03

6. Page 119 Density Bonus Agreement DA23-00002 and Site Plan Review SPR23-00027;\nApplicant: Shree Properties, Inc.; APNs: 0407-142-03 & -04\nRecommended Action:\nThe Planning Commission recommends that the City Council adopt Resolution\nNo. 2024-08, approving DA23-00002 and SPR23-00027.\nStaff Person: Principal Planner Ryan Leonard\nAttachments: SR Density Bonus Agreement and Site Plan Review 3-19-2024\nAttachment 1a - Site Plan\nAttachment 1b - Site Plan Summary\nAttachment 2 - General Plan and Zoning Map\nAttachment 3 - Aerial photo\nAttachment 4a - 1st Story Floor Plan\nAttachment 4b - 2nd Story Floor Plan\nAttachment 5a - One-Bedroom Floor Plan\nAttachment 5b - Two-Bedroom Floor Plan\nAttachment 6a - Color Elevation\nAttachment 6b - Color Elevation-Community Building\nAttachment 6c - Color Elevation- Recreation Building\nAttachment 7 - View Rendering\nAttachment 8 - Density Bonus and Incentive Agreement\nAttachment 9 - Resolution 2024-08\nAttachment 9a - Conditions of Approval