1 MINUTES OF THE
REGULAR ADJOURNED MEETING
OF THE ADELANTO CITY COUNCIL, ADELANTO FINANCE AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
January 18, 2022
A. CALL TO ORDER – REGULAR MEETING
The Adelanto City Council held the Regular Adjourned Meeting on Wednesday, January 18, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 7:02 p.m.
Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.
Invocation: Council Member Jones
Flag Salute: Council Member Ramos
B. CLOSED SESSION REPORT
None.
C. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans thanked those organizations that put on Martin Luther King Jr. events.
Council Member Jeannette spoke about Kicks Cafe events. She thanked all those that were involved.
Council Member Jones thanked Jeannette for all of her work and invite to the event.
Mayor Reyes thanked first responders for responding to the business fire quickly and minimizing the damage. He thanked Council Member Jeannette for bringing services from VVTA to the residents.
D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores also thanked first responders and city employees for their quick response regarding the business fire. He provided updates on the staff working in person and remotely. He spoke about the unsafe abandoned structure at Mojave and Bellflower being taken care of and thanked code enforcement for their work. He provided an update on Marconi Park and stated it is scheduled for completion in May.
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2 E. PRESENTATIONS
F. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:15 p.m.
Diana Esmeralda spoke about a special meeting for January 18th and that’s the number that citizens are calling and they are not getting into this meeting. She said Council Member Jeannette’s comments are electioneering. She spoke about the City Manager needing to be fired.
Andrea- read a letter from the democratic party relating to Ms. Brown and what the outcome was regarding the investigation.
Lee- requested the council apologize to the residents for the City Manager calling out residents at the last meeting. He said it’s unprofessional that there were multiple numbers for the meetings tonight.
Tonya Edwards- asked that they give it a few minutes for residents to get on to the correct meeting.
Waggener- shared he knows the council is busy and is doing a good job. He said he didn’t have a problem finding the correct meeting.
Mayor Reyes closed public comment at 7:31 p.m.
G. CONSENT CALENDAR
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented with item #2 removed by Evans for discussion.
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Approve and file TNR procedures and implement the use of the Stray Cat Form for handling Cats in accordance with the TNR Procedures.
3. Approval of 2nd reading of Ordinance 621 entitled:
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3 ORDINANCE NO. 621
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ADELANTO,
CALIFORNIA, TO ADD CHAPTER 8.70
(MANDATORY ORGANIC WASTE
DISPOSAL REDUCTION) TO TITLE 8 OF
THE CITY OF ADELANTO MUNICIPAL
CODE.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
H. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the consent calendar as presented.
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Receive and File the Water Department Report.
3. Receive and File Sewer Department Report.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). 36 City Council Minutes
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4 I. CONTINUED PUBLIC HEARING
1. GENERAL PLAN AMENDMENT NO. 21-01 (GPA 21-01), ZONE
CHANGE NO. 21-01 (ZC 21-01), LOCATION & DEVELOPMENT
PLAN NO. 21-19 (LDP 21-19), TENTATIVE PARCEL MAP NO. 20436 (TPM 20436) – F & J Enterprises, LLC., Proposal for a General Plan Amendment and Zone Change to change the General Plan and Zoning Designation from Commercial
(C) to Mixed Use (MU) in order to accommodate the uses proposed, and a Location & Development Plan to construct 200, two-story apartment units, onsite amenities and a 9,000SF neighborhood retail center and a Tentative Parcel Map to combine two parcels and dedicate right-of-way on a 13-acre site located at northwest corner of Palmdale Road (Hwy 18) and Verbena Road in the City of Adelanto, California (APN’s: 3103-411-06 & 3103-411-07). (DAVE) RECOMMENDATION:
•Approve Council Resolution 22-01, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the F&J Enterprises, LLC, Project pursuant to the California Environmental Quality Act (CEQA); •Approve Resolution 22-02, to adopt the findings and approve General Plan Amendment No. 21-01 to change the General Plan Map Land Use Designation on the property from Commercial to Mixed Use (First Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No. LDP 21-19 for the site layout; adopt findings and approve Tentative Parcel Map 20436 to combine two parcels and dedicate right-of- way;
•Introduce First Reading of Ordinance 622 to adopt findings and approve Zone Change No. 21-01 to change the property Zoning Designation from Commercial to Mixed Use.
•Schedule the second reading and adoption of the Ordinance 622 for the next regular council meeting.
Contracted Planner Blais presented the staff report.
Council Member Evans asked about residents being notified. Mary explained that mailings were mailed out to those that were within 300 feet of the location.
Evans had further questions regarding the process of the mailing as two residents 37 City Council Minutes
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5 have said they didn’t receive them.
Council Member Jeannette had questions regarding the size of the dog park and parking spaces. Andrew provided an explanation.
Further discussion ensued regarding the project.
Mayor Reyes opened public comment at 8:05 p.m.
Chris Waggener- said this is a good location for this type of project.
Diana Esmeralda- stated that the item should be tabled and that many of the residents can’t get on the call and are texting her directly. She stated this project has lied to the residents.
310-59- shared that these are the type of people we need to have in the community because they are doing everything they can to give residents what they want.
Tonya Edwards- shared that she has been told they would have stores in this area not apartments. She shared that the concerns of the council are not what they should be concerned with. She said residents have questions and concerns and it's not fair.
Magda- shared her concerns with traffic issues because of this. She said she was concerned about the dog park also. She stated that there is so much being put into this property.
Miguel- shared the same concerns as the previous callers and suggested the item be tabled.
303-80- Lopez shared the same concerns as previous callers. 760-78- A resident of Adelanto shared that there are people who are against it.
She shared her concerns regarding traffic.
Mayor Reyes closed public comment at 8:24 p.m.
Further discussion ensued.
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to Approve Council Resolution 22-01, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the F&J Enterprises, LLC, Project pursuant to the California Environmental Quality Act (CEQA); approve Resolution 22-02, to adopt the findings and approve General Plan Amendment No. 21-01 to change the General Plan Map Land Use Designation on the property from Commercial to Mixed Use (First Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No. LDP 21- 19 for the site layout; adopt findings and approve Tentative Parcel Map 20436 to combine two 38 City Council Minutes
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6 parcels and dedicate right-of- way; introduce First Reading of Ordinance 622 to adopt findings and approve Zone Change No. 21-01 to change the property Zoning Designation from Commercial to Mixed Use. schedule the second reading and adoption of the Ordinance 622 for the February 9th, 2022 meeting and would send out an additional mailer to notify residents.
Roll Call Vote:
Evans: No
Jeannette: Abstained
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 3-1-1 (Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no, Jeannette abstained).
J. NEW BUSINESS
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to move item #8 to item #1.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
8. CONSIDERATION OF APPROVAL OF A LICENSE AGREEMENT
BETWEEN THE CITY OF ADELANTO AND KICKS KAFE SENIOR
KLUB AND CURBSIDE TO USE THE SENIOR CENTER.
RECOMMENDATION: Approve License Agreement, terminating on February 28, 2022, between the City of Adelanto and Kicks Kafe Senior Klub and Curbside for a sum of one dollar ($1.00) and to pay for their proportional share of the utilities, as determined by City staff, to use the Senior Center.
Finance Director Castellanos presented the staff report. 39 City Council Minutes
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7 Jeannette shared she thinks it would be beneficial if the non-profits could come together and work together.
MOTION: Moved by Council Member Jones, seconded by Mayor Reyes to table the item for a future meeting to allow time for the non-profits to come together and work together.
Roll Call Vote:
Evans: No
Jeannette: Abstained
Jones: Yes
Ramos: No
Reyes: Yes
Motion fails 2-2-1 (Jones and Mayor Reyes voting yes, Evans and Mayor Pro Tem Ramos voting no and Jeannette abstaining).
Mayor Reyes opened public comments at 9:25 p.m.
Council Member Jeannette shared they are looking into having a food program at the location. She shared that all of the non-profits have to come together to work on scheduling, splitting cost of utilities, cleaning, etc.
Diana Esmeralda- shared her concerns with Jeannete because she feels that she is unprepared. She shared that she feels it's a conflict of interest.
310-59- shared that Jeannette should not be over this project because she is part of the council. He shared that it's a conflict of interest also.
Tonya Edwards- said she appreciates Jeannette and gave background on the senior center.
Esther- with Curbside thanked the council for their support. She shared that Curbside works hand in hand with Jeannette.
Andrea- shared her concerns regarding the item.
Magda- stated that the senior center needs to be up and running. 760-67- shared he is the president of the real senior citizen club. He shared that they oppose this license.
Mayor Reyes closed public comment at 9:51 p.m.
Further discussion ensued regarding the item.
No motion for the original request so the item dies.
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8 1. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION
REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF
THE CITY COUNCIL AND OTHER CITY BODIES UNDER
GOVERNMENT CODE SECTION 54953(e). (CITY ATTORNEY)
RECOMMENDATION: It is staff's recommendation that the City Council adopt and approve the attached resolution, permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of Government Code Section 54953(e), which will require reauthorization every (thirty) 30 days.
City Attorney Marc Tran stated this item can be removed from the agenda as it was handled in a special meeting this morning.
2. ORAL REPORT - SELECTION OF THE MAYOR PRO TEM. (JESSIE) RECOMMENDATION: Staff recommends per the City Charter Article VI, Section 601 (C) 2, By the affirmative vote of not less than three (3) members, the City Council shall choose one of its members as Mayor Pro Tempore.
City Manager Flores presented the staff report.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to elect Ramos as Mayor Pro Tem.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
3. RESOLUTION NO. 22-04: NOMINATION AND APPOINTMENT BY
COUNCILOR EVANS TO THE PLANNING COMMISSION. (COUNCIL
MEMBER EVANS)
RECOMMENDATION: Approval of Councilor Evan’s
appointment to the Planning Commission.
RESOLUTION NO. 22-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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9 ADELANTO, COUNTY OF SAN BERNARDINO,
CALIFORNIA, PROVIDING FOR AN APPOINTMENT TO
THE PLANNING COMMISSION.
Council Member Evans presented the staff report nominating Miguel Soto Jr. as her Planning Commission nominee.
Miguel Soto was available for questions.
Further discussion ensued.
Mayor Reyes opened public comment at 10:44 p.m.
Chris Waggener said the Planning Commission will take whatever nominee under their wing. He is concerned that it was kept a secret on who was being nominated. 760-91 had 4 callers on the line and each had 3 mins.
● John Soto spoke in favor of Miguel Soto.
● Mrs. Ramirez spoke in favor of Miguel Soto.
● Irene Soto spoke in favor of Miguel Soto.
● Brandon Soto spoke in favor of Miguel Soto.
Diana Esmeralda- shared her experiences with Miguel Soto and how great he does with teamwork and working for his community.
630-34- Andrea shared her concerns regarding the process and how she feels it is a disservice to the residents.
Magda- spoke in favor of Miguel Soto.
951-31- Miguel Soto, Miguel's father, spoke in favor of the nomination.
Alexis- Lopez spoke in favor of Miguel Soto.
Mayor Reyes closed public comment at 11:01 p.m.
Further discussion ensued.
Mayor Reyes asked Evans why the nominee was not disclosed to the City Clerk. Council Member Evans refused to answer the question.
Mayor Reyes spoke on behalf of a resident who texted him her info because she couldn’t get on the line. The resident had concerns with Evans' statement that she “didn’t really know Miguel Soto as a person”. She said she doesn’t understand why he is being nominated while he has a current recall on the Mayor.
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10 Further discussion ensued.
Mayor Reyes opened public comment for Miguel Soto Jr. at 11:45 p.m.
Miguel Soto Jr. thanked everyone for their support.
Mayor Reyes closed public comment at 11:47 p.m.
4. PARCEL MAP 20097 FINAL ACCEPTANCE. (BRAIN)
RECOMMENDATION: Staff recommends City Council receive and accept Parcel Map 20097 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20097 on behalf of City Council.
Contracted Engineer Wolfe presented the staff report.
Mayor Reyes opened public comment at 11:52 p.m.
Diana Esmeralda- spoke about not finding the public notice.
Mayor Reyes closed public comment at 11:55 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette receive and accept Parcel Map 20097 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20097 on behalf of City Council.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
5. PARCEL MAP 20362 FINAL ACCEPTANCE. (BRIAN)
RECOMMENDATION: Staff recommends City Council receive and accept Parcel Map 20362 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20362 on behalf of City Council.
Contracted Engineer Wolfe presented the staff report.
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11 Mayor Reyes opened public comment at 12:00 a.m.
Mayor Reyes closed public comment at 12:00 a.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jones receive and accept Parcel Map 20362 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20362 on behalf of City Council.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
6. APPROVE AMENDMENT NO. 4 TO PACIFIC CODE COMPLIANCE
LLC’S (PCC) PROFESSIONAL SERVICES CONTRACT TO EXTEND
THE TERM OF THE AGREEMENT AND SET “NOT TO EXCEED”
AMOUNT OF COMPENSATION TO BE PAID. (ANGEL)
RECOMMENDATION: Staff recommends City Council approve an amendment to Pacific Code Compliance, LLC’s professional services contract to extend the term of the agreement and modify the amount of compensation paid.
Finance Director Castellanos presented the staff report.
Mayor Reyes opened public comment at 12:09 a.m.
Diana Esmeralda- spoke about the history with Pacific Code Compliance.
Mayor Reyes closed public comment at 12:13 a.m.
Further discussion ensued.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette approve an amendment to Pacific Code Compliance, LLC’s professional services contract to extend the term of the agreement and modify the amount of compensation paid.
Roll Call Vote:
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12 Evans: No
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no).
7. APPROVE AMENDMENT NO. 2 TO TKE ENGINEERING, INC.’S (TKE)
PROFESSIONAL ENGINEERING SERVICES CONTRACT TO EXTEND
THE TERM OF THE AGREEMENT AND MODIFY THE NOT TO
EXCEED AMOUNT TO BE PAID (ANGEL)
RECOMMENDATION: Staff recommends City Council approve an amendment No. 2 to TKE’s professional engineering contract to extend the term of the agreement and modify the amount of compensation paid.
Finance Director Castellanos presented the staff report.
Discussion ensued regarding the item.
Mayor Reyes opened public comment at 12:28 a.m.
Lee- asked for clarification why the city sets a budget if they always modify it.
Diana Esmeralda- agreed with the previous caller.
Mayor Reyes closed public comment at 12:36 a.m.
Further discussion ensued.
MOTION: Moved by Mayor Reyes, seconded by Council Member Evans Approve an amendment No. 2 to TKE’s professional engineering contract to extend the term of the agreement and modify the amount of compensation paid.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). 45 City Council Minutes
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13 9. ORAL REPORT: COUNCIL MEMBER REPRESENTATION ON
VARIOUS BOARDS, COMMITTEES, AND COMMISSIONS FOR 2022.
(BRENDA)
RECOMMENDATION: Staff recommends that the City Council designate a delegate and alternate to the committees.
Executive Secretary Cervantes presented the staff report.
Council agrees all representation will stay the same.
Mayor Reyes opened public comment at 12:39 a.m.
Mayor Reyes closed public comment at 12:39 a.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve all delegates and alternates to the committees.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
K. ITEMS REMOVED FROM THE CONSENT CALENDAR
2. Approve and file TNR procedures and implement the use of the Stray Cat Form for handling Cats in accordance with the TNR Procedures.
Council Member Evans asked for clarification on the item. Finance Director Castellanos provided clarification.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve and file TNR procedures and implement the use of the Stray Cat Form for handling Cats in accordance with the TNR Procedures.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
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14 Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
L. FUTURE AGENDA ITEMS
Mayor Pro Tem Ramos requested on a future agenda how to help provide funds to the graduating seniors via the cannabis monies received for discussion.
Council Member Evans requested the zoning ordinance to expand the 300 ft to a 3 mile radius being informed of zoning changes for discussion and action. She also wanted to agendize an item that solidifies the process for planning commission nominations. City Attorney Marc Tran shared that the noticing is via state law and is willing to bring back information regarding the item for discussion.
M. PUBLIC COMMUNICATIONS
None.
N. ADJOURNMENT
The next Regular Meeting of the City Council will be held on January 26, 2022, at 7:00 pm.
There being no further business the Chair adjourned the meeting at 12:47 a..m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to adjourn the meeting.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
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15 _________________________
Brenda Lopez, City Clerk
48