Agenda — Adelanto City Council, April 13, 2022

AGENDA

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
APRIL 13, 2022

City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Stevevonna Evans, Councilor
Joy Jeannette, Councilor
Keron Jones, Councilor
City Manager
Jessie Flores
City Attorney
Marc Tran
Meetings held:
2 nd & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto
Open Session: 7:00 p.m.

Until further notice, public participation is solely via call-in or via written correspondence. TO PARTICIPATE, please call, email, or send mail to the contact info provided below/on the City Council Agenda.

Pursuant to Government Code § 54953 , please be advised that members of the Adelanto City Council and City Commissioners may participate in meetings telephonically, the public may view the meeting and participate in public comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via web-ex at https://ci-adelanto-ca.webex.com/ci-adelantoca/j.php?MTID=m95d0d169485f2fe98a484080589943ef To Participate and Call in for public comments:

Please call 1-415-655-0001 along with conference code 146 275 0870 Should you wish to speak on the item push *3, you will be placed in the que. *Please Note – This process will be a learning curve for all, please be patient. 1 REGULAR MEETING
APRIL 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS

ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104.
2 REGULAR MEETING
APRIL 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Jeannette ________
Councilor Jones ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________

1. City Manager to announce if there is any addition/removal of items from the agenda.

C. APPROVAL OF AGENDA
D. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
E. CITY MANAGERS ANNOUNCEMENTS AND REPORT
F. PRESENTATIONS
A. CALL TO ORDER— REGULAR MEETING
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
APRIL 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *3 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
H. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council or member of the audience requests a separate discussion on an item.

PUBLIC COMMENT: OPEN: CLOSED:

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. CONSIDERATION OF AGREEMENTS FOR THE LEASE AND TRANSFER OF WATER

RIGHTS AND MAKE-UP OBLIGATION TO THE MOJAVE BASIN AREA
WATERMASTER.

M__________________S__________________ACTION____________________ I. PUBLIC HEARING
OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING:

1. CODE AMENDMENT (CA) 22-01 / ORDINANCE NO. 623 ADOPTION – PROPOSAL TO AMEND TITLE 17 OF THE ADELANTO MUNICIPAL CODE TO ADOPT CHAPTER 17.195 (REASONABLE ACCOMMODATION IN HOUSING) BY ADDING SECTION 17.195 TO

ESTABLISH FAIR HOUSING REASONABLE ACCOMMODATION PROCEDURES,

PURSUANT TO STATE LAW (ANGEL & DERIK)
4 REGULAR MEETING
APRIL 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RECOMMENDATION:
• Introduce First Reading of Ordinance 623 to adopt findings and approve Code Amendment 22-01 to amend title 17 of the AMC to adopt Chapter 17.195 (Reasonable Accommodation in Housing) by adding Section 17.195 to establish Fair Housing Reasonable Accommodation procedures, pursuant to State Law. • Schedule the second reading and adoption of the Ordinance 623 for the next regular council meeting.

ORDINANCE NO. 623

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO ADDING CHAPTER 17.195 (REASONABLE ACCOMODATIONS IN
HOUSING) OF TITLE 17 (ZONING ORDINANCE) TO THE ADELANTO

MUNICIPAL CODE TO ESTABLISH FAIR HOUSING REASONABLE

ACCOMMODATION PROCEDURES
M__________________S__________________ACTION___________________ J. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

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. 5 REGULAR MEETING
APRIL 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RESOLUTION NO. 22-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A

LOCAL EMERGENCY, RATIFYING THE PROCLAMATION OF A STATE
OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND

AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY

COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM APRIL 6, 2022, THROUGH MAY 6, 2022 PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER
GOVERNMENT CODE SECTION 54953(e)
M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:

2. RECOMMEND APPROVAL OF VACATING PUBLIC RIGHT OF WAY AS NEEDED FOR AES SOLAR PROJECT. (BRIAN)
RECOMMENDATION: Staff recommends City Council sign Resolutions 22-16, 22-17 and 22-18 to approve vacating public right-of-way fronting six properties as part of the Baldy Mesa solar project by AES Solar
RESOLUTION NO. 21-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, CALIFORNIA, VACATING AND

ABANDONING ALL RIGHTS, TITLE AND INTEREST IN A PORTION OF

PUBLIC RIGHT-OF-WAY KNOWN AS BEAVER ROAD AND CALLEJA
ROAD LOCATED ADJACENT TO APN 0459-053-51 WITHIN THE CITY OF ADELANTO.

AND
RESOLUTION NO. 22-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, CALIFORNIA, VACATING AND

ABANDONING ALL RIGHTS, TITLE AND INTEREST IN A PORTION OF

PUBLIC RIGHT-OF-WAY KNOWN AS BEAVER AVENUE LOCATED
ADJACENT TO APNS 0458-113-05, 0458-113-06 AND 0458-113-07 WITHIN THE CITY OF ADELANTO.
6 REGULAR MEETING
APRIL 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us AND
RESOLUTION NO. 22-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, CALIFORNIA, VACATING AND

ABANDONING ALL RIGHTS, TITLE AND INTEREST IN A PORTION OF

PUBLIC RIGHT-OF-WAY KNOWN AS EL SERENO AVENUE LOCATED
BETWEEN APN 0459-371-43 AND 0459-371-44 WITHIN THE CITY OF ADELANTO.

M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:

3. DISCUSSION ITEM - REQUEST FOR THE CITY TO BE A CO-SPONSOR FOR THE HIGH

DESERT HISPANIC CHAMBER OF COMMERCE CINCO DE MAYO EVENT IN THE AMOUNT OF $7,000.00. (MAYOR)
RECOMMENDATION: Staff recommends that the City Council discuss and provide direction to staff.

M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:

4. DISCUSSION ITEM – REQUEST FOR THE CITY TO PROVIDE SUPREME TOUCH WITH

A PROCLAMATION AND ALSO CO-SPONSOR THE JUNETEENTH EXTRAVAGANZA EVENT IN THE AMOUNT OF $7,000.00. (MAYOR)
RECOMMENDATION: Staff recommends that the City Council discuss and provide direction to staff.

M__________________S__________________ACTION____________________

5. DISCUSSION ITEM - CITY OF ADELANTO SIGN- (MAYOR PRO TEM) RECOMMENDATION: Staff recommends that the City Council discuss and provide direction to staff.

M__________________S__________________ACTION____________________ 7 REGULAR MEETING
APRIL 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us K. ITEMS REMOVED FROM THE CONSENT CALENDAR
L. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner.

M. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *3 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

TIME OUT: ______________
M__________________S__________________ACTION____________________ 8 REGULAR MEETING
APRIL 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,

HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON APRIL 8, 2022, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, AND ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk, CMC
O. DECLARATION OF POSTING
9 REGULAR MEETING
APRIL 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.

CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.

CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.

LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.

RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption 10 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
APRIL 13, 2022
Until further notice, public participation is solely via call-in or via written correspondence. TO PARTICIPATE, please call, email, or send mail to the contact info provided below/on the City Council Agenda.

Please call 1-415-655-0001 along with conference code 146 275 0870## Should you wish to speak on the item push *3, you will be placed in the que. *Please Note – This process will be a learning curve for all, please be patient. • Submit written comments:

We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.

TIME TELECONFERENCE
To Participate and and Call in for public
comments:

Open Session – 7:00 p.m. Please call 1-415-655-0001 along with conference code 146 275 0870##
Should you wish to speak on the item push *3, you
will be placed in the que. *

Dated: April 8, 2022 Brenda Lopez, City Clerk, CMC
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CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: April 13, 2022
TO: Honorable Mayor and City Council Members
FROM:

THROUGH:

BY:

Jessie Flores, City Manager
Dave Martinez, Development Services Director
Mary Blais, Planning Consultant
SUBJECT: CODE AMENDMENT (CA) 22-01 / ORDINANCE NO. 623 ADOPTION – PROPOSAL TO AMEND TITLE 17 OF THE ADELANTO MUNICIPAL CODE TO ADOPT CHAPTER

17.195 (REASONABLE ACCOMMODATION IN HOUSING) BY ADDING SECTION

17.195 TO ESTABLISH FAIR HOUSING REASONABLE ACCOMMODATION

PROCEDURES, PURSUANT TO STATE LAW
STAFF RECOMMENDATION:
• Introduce First Reading of Ordinance 623 to adopt findings and approve Code Amendment 22-01 to amend title 17 of the AMC to adopt Chapter 17.195 (Reasonable Accommodation in Housing) by adding Section 17.195 to establish Fair Housing Reasonable Accommodation procedures, pursuant to State Law. • Schedule the second reading and adoption of the Ordinance 623 for the next regular council meeting.

ANALYSIS & REVIEW:

PROJECT BACKGROUND:

The Federal Fair Housing Act (42 U.S.C § 3601 et seq.) and the California Fair Employment and Housing Act (Government Code § 12900 et seq.) requires that local governments make reasonable accommodations (i.e., modifications or exemptions) in their zoning laws and other land use regulations and practices when such accommodations “may be necessary to afford” a person with disabilities “an equal opportunity to use and enjoy a dwelling.” Pursuant to these State and Federal Fair Housing laws, the Planning Commission and City Council will establish procedures in order to consider “reasonable accommodations” by the adoption of Ordinance No. 623.

Promoting equal housing opportunities for all residents, so that residents can reside in housing of their choice, is a current goal of the City’s Housing Element of the General Plan. In the last year, the City has processed and approved one request for reasonable accommodation. The application was for small, Adult Residential Care Facility requesting to waive the requirement for a Conditional Use Permit and authorize two additional residents and because the facility is focused on improving access, mobility and emotional well-being the request was granted pursuant to state law. 63 CA 22-01/ORD 623
Council Hearing 4.13.22

2 The Planning Commission considered the Code Amendment 22-01/Ordinance 623 at their regularly scheduled meeting of March 2, 2022 and voted unanimously to recommend approval to the City Council (see Exhibit A Signed Planning Commission Resolution P-22-04).

DISCUSSION/ANALYSIS:

Many people with disabilities require changes to their housing whether it is owned or rented, to adapt to their needs. For example, people with mobility disabilities may need to install exterior ramps to facilitate wheelchair ingress and egress, which could violate a zoning set-back requirement if the ramp encroaches to into required yard space. People with intellectual or mental health disabilities might need a taller fence than normally allowed on their property to offer more privacy and reduced anxiety. A reasonable accommodation is a structural modification made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the property.

A reasonable accommodation ordinance provides a means of requesting flexibility in the application of land use and zoning regulations, or, in some instances, even a waiver of certain restrictions or requirements from a local jurisdiction.

CONCLUSION:

The proposed Ordinance is consistent with the Federal Fair Housing Act (42 U.S.C § 3601 et seq.) and the California Fair Employment and Housing Act (Government Code § 12900 et seq.), which requires local governments to make reasonable accommodations (i.e., modifications or exemptions) in their zoning laws and other land use regulations, as well as the objectives, principles, and standards outlined in the Adelanto Housing Element, which includes promoting housing opportunities for persons with disabilities through the implementation of reasonable accommodation procedures.

ENVIRONMENTAL CONSIDERATIONS:

The proposed project is Categorically Exempt by the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)3 as the adoption of Ordinance No. 623 alone does not have the potential for causing significant effects on the environment. Therefore, a Notice of Exemption has been prepared.

PUBLIC HEARING NOTICE
A public hearing notice was published ten days prior to the hearing. As of the writing of this report, no comments have been received by staff.

FISCAL IMPACT:

The anticipated fiscal impact is the cost associated with preparing and processing this Code Amendment, which is mandated by federal and state law.

EXHIBITS:

A. Signed Planning Commission Resolution 22-04 recommending approval B. City Council Ordinance No. 623
64 ATTACHMENT B
RESOLUTION P-22-04

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF ADELANTO, COUNTY OF SAN

BERNARDINO, STATE OF CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL ADOPT
ORDINANCE NO. 623 ADDING CHAPTER 17.195
(REASONABLE ACCOMMODATION IN HOUSING) OF
TITLE 17 (ZONING ORDINANCE) OF THE ADELANTO

MUNICIPAL CODE TO ESTABLISH FAIR HOUSING
REASONABLE ACCOMMODATION PROCEDURES.

WHEREAS, the Federal Fair Housing Act and California Fair Employment and Housing Act (the Acts) requires cities and counties to implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities, and provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing; and WHEREAS, promoting equal housing opportunities for all residents, so that residents can reside in the housing of their choice regardless of race, religion, family status, age or physical disability, is a current goal of the City’s Housing Element of the General Plan; and
WHEREAS, the City of Adelanto recognizes the need to add Chapter 17.195 of the City Zoning Code to establish and implement fair housing reasonable accommodation procedures; and
WHEREAS, on March 2, 2022, the Planning Commission conducted a regularly scheduled and legally noticed public hearing for Code Amendment 22-01 to adopt Ordinance No. 623. At the hearing, all interested person were given an opportunity to be heard. The Planning Commission received and considered the staff report and all of the information presented in connection with the Ordinance. Following the close of the public hearing, the Planning Commission adopted Resolution No. 22-04 recommending approval of Ordinance No. 623 to the City Council; and
WHEREAS, all legal prerequisites for the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Adelanto as follows:

Section 1. The above recitals are all true and correct.

Section 2. The Planning Commission hereby determines that the project has been appropriately analyzed and found to be Categorically Exempt under the California Environmental Quality Act (CEQA) guidelines pursuant to Section 15061(b)3 as the adoption of Ordinance No.623 alone does not have the potential for causing significant effects on the environment. Therefore, a Notice of Exemption has been prepared. 65

Page 2 ends

Accordingly, the Planning Commission hereby recommends that the City Council adopt a Categorical Exemption in accordance with the provisions of the California Environmental Quality Act.

Section 3. Based on the information contained in the supporting exhibits, this Commission finds, regarding the proposed Ordinance 623, to add Chapter 17.195 of the City Zoning Code to establish fair housing reasonable accommodation procedures:

Code Amendment 22-01/Ordinance No. 623
A. The proposed Ordinance adoption will not result in a significant adverse effect on the environment.

The proposed Ordinance adoption is Categorically Exempt from the California Environmental Quality Act (CEQA) in that the adoption of the Ordinance alone does not have the potential for causing significant effects on the environment.

B. The proposed Ordinance adoption will not conflict with the goals, policies, and implementation measures set forth in the General Plan and Zoning Ordinance.

The proposed Ordinance adoption is consistent with the goals, policies and implementation measures set forth in the General Plan and Zoning Ordinance in that reasonable accommodations afford persons with disabilities housing opportunities in areas where residential land uses are permitted.

C. The proposed Ordinance adoption will not have a negative effect on public health, safety, or the general welfare of the community.

The proposed Ordinance adoption will not have a negative effect on the public health, safety or the general welfare of the community as the Amendment is consistent with Federal and State Laws.

Section 4. The Planning Commission hereby recommends that the City Council approve Code Amendment 22-01/Ordinance No. 623 to add Chapter 17.195 (Reasonable Accommodation in Housing), to Title 17 (Zoning Ordinance), based on the findings presented herein.

Section 5. The Planning Commission declares that should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect.

Section 6. The Chairperson shall sign, and the Secretary shall certify to the passage and adoption of this Resolution.
66

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Attachments:

Attachment A: Draft Ordinance 623
67

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ADOPTED, SIGNED, and APPROVED this 2nd day of March 2022. _________________________________
Chris Waggener
Chairman of the Planning Commission

___________________________________
Nyeka Allen
Secretary, Planning Commission
68

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I, Nyeka Allen, Planning Secretary for the Planning Commission of the City of Adelanto, California, do hereby certify that the foregoing Resolution P-22-04 was duly and regularly adopted at a regular meeting of the Planning Commission of the City of Adelanto on the 2 nd day of March 2022, by the following vote, to-wit:

AYES: Chair Waggener, Commissioners Delgado, Meza, Soto NOES: none
ABSENT: Commissioner Villa
ABSTAIN: none
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 2
nd day of March 2022.
___________________________________
Nyeka Allen
Secretary to the Planning Commission
69 ATTACHMENT A (Ordinance No. 623) 1
ORDINANCE NO. 623

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ADELANTO ADDING CHAPTER 17.195
(REASONABLE ACCOMODATIONS IN HOUSING) OF
TITLE 17 (ZONING ORDINANCE) TO THE ADELANTO

MUNICIPAL CODE TO ESTABLISH FAIR HOUSING

REASONABLE ACCOMMODATION PROCEDURES
WHEREAS, the Federal Fair Housing Act and California Fair Employment and Housing Act (the Acts) requires cities and counties to implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities, and provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing; and WHEREAS, the City’s current zoning regulations does not provide reasonable accommodation procedures, and the City of Adelanto desires to ensure its Zoning Code is in compliance with State Law; and
WHEREAS, Program 16 in the 2014-2021 Housing Element of the City of Adelanto General Plan requires the City to create a process for making requests for reasonable accommodation to land use and zoning decisions and procedures regulating the siting, funding, development and use of housing for people with disabilities; and WHEREAS, in compliance with Program 16, and in accordance with federal and state housing laws, the City has prepared an Ordinance adding Chapter 17.195 of the City’s Municipal Code to provide an administrative procedure for providing reasonable accommodation to individuals with disabilities that will operate promptly and efficiently without the use of the variance or conditional use permit processes set forth in the City’s land use and zoning and building regulations; and
WHEREAS, Zoning Code Chapter 17.200, Definitions of Terms, was also amended to add definition “reasonable accommodation”; and WHEREAS, on March 2, 2022, a noticed public hearing occurred in which the Planning Commission received and considered the staff report and all the information presented in connection with this Ordinance. Following the close of the public hearing, the Planning Commission adopted Resolution No. 22-04 recommending approval of Ordinance No. 623 to the City Council; and
WHEREAS, On April 13, 2022, the City Council of the City of Adelanto conducted a duly noticed public hearing on Ordinance No. 623. At the hearing, all interested persons were given the opportunity to be heard. The City Council received and considered the staff report, the Planning Commission’s recommendation, and all the information presented in connection with this Ordinance; and
70 ATTACHMENT A (Ordinance No. 623) 2
WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are true and correct and incorporated herein by reference.

SECTION 2. The City Council finds, determines and declares that after preparing an Initial Study in compliance with Section 15072 of the California Environmental Quality Act (CEQA), which found that there would be no significant environmental impacts created by the proposed project, a Negative Declaration was prepared. Based on its own independent judgment that the facts stated in the initial study are true, the City Council hereby finds that the approval of Ordinance No. 623 will not have potential negative environmental impacts.

SECTION 3. Based on the information contained within the staff report, and the accompanying attachments and exhibits, the City Council hereby finds, in regard to Ordinance No. 623:

A. The proposed Ordinance adoption to the City's zoning regulations are consistent with all of the applicable objectives, policies, general land uses, programs, and actions of all applicable elements in the General Plan.

B. The proposed Ordinance adoption to the City's zoning regulations is not detrimental to the public convenience, health, safety, or general welfare of the City.

C. The proposed Ordinance adoption to the City's zoning regulations is in compliance with the provisions of the California Environmental Quality Act (CEQA).

D. The proposed Ordinance adoption to the City's zoning regulations is internally consistent with other applicable provisions of the City's Development Code.

E. The Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.
71 ATTACHMENT A (Ordinance No. 623) 3
SECTION 4. Chapter 17.195 (Reasonable Accommodation in Housing) of Title 17 (Adelanto Zoning Ordinance) of the Adelanto Municipal Code is hereby added to state the following:

17.195 Reasonable Accommodation in Housing

17.195.010 General. Discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability is prohibited by federal and state law. Under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts), refusing residency to persons with disabilities, or placing conditions on their residency, and refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling is discrimination. The Acts requires that housing providers allow residents to make reasonable structural modifications to units and public/common areas in a dwelling when those modifications may be necessary for a person with a disability to have full enjoyment of a dwelling. With very few exceptions, the Acts apply to privately and publicly owned housing, including housing subsidized by the federal government or rented through the use of Section 8 voucher assistance.

17.195.020 Purpose. The purpose of this chapter is to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests.

17.195.030 Intent. Fair housing laws prohibit discrimination against people based on their race, color, religion, national origin, sex, familial status, or disability. For persons with disabilities, fair housing law extends further to make it illegal to:
(a) Fail to make reasonable accommodation in rules, policies, and services to give a person with a disability equal opportunity to occupy and enjoy the full use of a housing unit; and
(b) Fail to allow reasonable modification to the premises if the modification is necessary to allow full use of the premises.

17.195.040 Definition of Reasonable Accommodation. A deviation that provides a person with a disability relief from, and flexibility in, the application of the City’s zoning, building, and land use laws, regulations, policies or procedures, which is necessary to provide a person with a disability an equal opportunity to use and enjoy a dwelling.
72 ATTACHMENT A (Ordinance No. 623) 4

17.195.050 Implementing Reasonable Accommodation
(a) Use of Service Animals. Individuals with disabilities have the right to use the services of a guide, signal or trained dog (or other such designated animal), and have such animals in or around their unit. No additional charges or security deposits may be imposed for having a guide, signal or trained animal. Tenants may be liable for any damage caused by their animals.
(b) Modifications in Policies and Practices by Housing Provider. At the request of an individual with a disability, a housing provider must make reasonable accommodations in rules, policies, practices or services to provide the individual equal opportunity to use and enjoy the dwelling. This includes, but is not limited to, the following:

1. Making an exemption to a "no pet" policy to enable a disabled tenant to have a service animal.

2. Changing parking rules to enable a disabled tenant to have parking that meets his/her needs.
(c) Physical Modifications by Disabled Tenant. A housing provider must allow disabled individuals to reasonably modify existing premises if the modifications are necessary for the enjoyment of the amenities provided within the premises. The tenant is responsible for the cost of the modification. In some circumstances, a landlord may require that the tenant agree to restore the interior of the premises to the original condition. Examples of reasonable modifications include:

1. Widening doorways

2. Lowering cabinets

3. Installing a wheelchair ramp

4. Converting a bathtub to a shower

17.195.060 Disability Eligibility
(a) Definition. This Chapter applies only to those persons who are defined as disabled under the Acts. The Acts define a person with a disability to include persons who are regarded as having an impairment, and persons with a record of an impairment. The Federal Housing Administration (FHA) defines a disabled person as an individual with a physical or mental impairment that substantially limits one or more major life activities, such as walking, talking, seeing, hearing, breathing, performing manual tasks, caring for one's self, learning, and working.
(b) Other Qualifying Disabilities. Disabilities are not always obvious. It is important to recognize that disabilities do not always require a person to have an assistive device, such as a cane or hearing aid; disabilities are not always 73 ATTACHMENT A (Ordinance No. 623) 5
physical and therefore mental impairments such as chronic fatigue syndrome, a learning disability, autism spectrum, and mental illness all fit the FHA's definition. Also, the disease of addiction may qualify as a disability. (c) Proof of Disability. A housing provider may request reliable disabilityrelated information under the following conditions:

1. When it is necessary to verify that the person meets the Act's definition of disability (i.e., has a physical or mental impairment that substantially limits one or more major life activities);

2. When the disability-related information describes the needed accommodation; and

3. When the disability-related information demonstrates the relationship between the person's disability and the need for the requested accommodation.
(d) Who Can Provide Proof of Disability. Proof of disability can be provided by the individual, including documentation that they are under 65 years of age and receiving Supplemental Security Income or Social Security Disability Insurance benefits. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual's disability may also provide verification of a disability. An individual's medical records or detailed information about the nature of a person's disability is not usually necessary for this inquiry and should not be requested.
(e) Confidentiality. Once a housing provider has established that a person meets the Act's definition of disability, the provider's request for documentation should be limited to the information necessary to evaluate if the reasonable accommodation is needed because of a disability. Such information must be kept confidential and must not be shared with other persons unless they need the information to make or assess a decision to grant or deny a reasonable accommodation request or unless disclosure is required by law (e.g., a courtissued subpoena requiring disclosure).

17.195.070 Application Requirements
(a) Application and Fee. Requests for reasonable accommodation shall be presented in a form approved by the Development Services Department, together with the appropriate fee, as established by resolution adopted by the City Council to be filed with the Planning Division. A Minor Location and Development Plan application shall be filed for requests concerning one (1) single family residence, and two or more residential units. (b) Combined Proceedings. When the project for which the request for reasonable accommodation is being made includes a discretionary approval under this Title (including but not limited to a conditional use permit, location 74 ATTACHMENT A (Ordinance No. 623) 6
and development plan review, variance, general plan amendment or zone change), the application shall be submitted and reviewed at the same time as the related applications by the appropriate approval authority per Chapter

17.100 Administrative Procedure.

17.195.080 Review Authority
(a) Approval Authority:

1. Administrative Review. Planning staff has the authority to review the appropriate submitted application and approve requests at the public counter for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter, if the required Findings in Section 17.195.090, FINDINGS AND DECISION, can be made. The appropriate fee shall be collected, and a building permit may be required.

2. Encroachment into Setback Areas. When a reasonable
accommodation request includes any encroachment into the front or side yard setback area that results in a building size increase above what is allowed in the applicable zoning district with respect to height, lot coverage and floor area ratio maximums, or whenever a reduction in required parking is requested, the Development Services Director or designee shall determine if the proposal substantially conforms to the intent of the appropriate code section, in addition to complying with this reasonable accommodation ordinance provisions.

3. Unpermitted Conversions. Unpermitted conversions of garages, play rooms, storage rooms, accessory structures, etc., shall not be considered for occupancy unless such a conversion meets development standards for the zone, and the violation is corrected and/or permitted as required by the Development Services Division through Planning and Building Division review and approval.

4. Decision. If an immediate decision cannot be made administratively, the Development Services Director or designee shall render a decision within 10 days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth below in Section 17.195.090 FINDINGS AND DECISION. The decision shall be in writing and mailed to the applicant.

17.195.090 Findings And Decision
(a) Findings. Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection.

An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:
75 ATTACHMENT A (Ordinance No. 623) 7

1. The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.

2. The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City.

4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.

5. The requested reasonable accommodation would not adversely impact surrounding properties or uses.

6. The are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the City’s applicable rules, standards and practices.
(b) Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with findings requires by Subsection (a) above. (c) Time Limit. Improvements for Reasonable Accommodation granted by the City to a property as provided in this Chapter shall run with the rental or lease of the housing unit by the disabled person, and may remain indefinitely. At any time in the future when such improvements are not required, they may be removed by the property owner or housing provider.

17.195.100 Appeal Determination. Any decision on an application under this chapter shall be subject to appeal pursuant to Section 17.100.060 of the Adelanto Municipal Code.

17.195.110 Non-Compliance.
(a) Requirement for Completion of Improvements. When improvements to housing (new or existing) associated with reasonable accommodation are a condition of approval, such work shall be completed prior to building permit sign-off or certificate of occupancy. If this has not occurred, and a disabled person is waiting to occupy the housing unit, a notice will be issued by the Development Services Department. The notice shall particularly specify the work required to be done and shall state that if the work is not commenced within five (5) days after the receipt of such notice and diligently and without interruption prosecuted to completion, the City shall cause such work to be done, in which case the cost of expense of such work, including incidental expenses incurred by the City, will be assessed against the property or against each separate lot and become a lien upon the property.
(b) Complaints. A disabled tenant or prospective tenant who believes they are a victim of discrimination may lodge a complaint in the following ways:
76 ATTACHMENT A (Ordinance No. 623) 8

1. Contact the Regional Human Rights/Fair Housing Commission

2. Contact the Department of Fair Employment and Housing (DFEH), DFEH is the state agency authorized to investigate housing discrimination complaints and enforce state fair housing laws.

3. Contact the Department of Housing and Urban Development (HUD).

HUD is the federal agency authorized to investigate housing discrimination complaints and enforce federal fair housing laws.

4. File a private lawsuit in state or federal court.

17.195.120 Accessibility Guidelines
(a) New Housing. All new housing construction consisting of three or more dwelling units must be designed and constructed in a manner that allows access to, and use by, disabled persons. See Section 1102A, Housing Accessibility, of the California Building Code 2010.
(b) Existing Buildings. Building standards contained in Section 1102A, Housing Accessibility, of the California Building Code 2010 do not apply to the alteration, repair, rehabilitation or maintenance of multifamily dwellings constructed for occupancy prior to March 13, 1991.
(c) Limited Exceptions for Single Rooms and Roommates. Reasonable accommodation provisions do not apply when the owner of an owner-occupied, single-family home rents out a room in the home to a roomer or a boarder, and there are no other roomers or boarders living in the household. However, the owner cannot make or written statements, or use notices or advertisements which indicate any preference, limitation, or discrimination based on race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability. Further, the owner cannot discriminate on the basis of medical condition or age.

SECTION 5. Any provision of the Adelanto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of his Ordinance.

SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional. 77 ATTACHMENT A (Ordinance No. 623) 9
SECTION 7. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days after adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto at the regular meeting of this 13th day of April 2022.

Gabriel Reyes, Mayor
ATTEST:

Brenda Lopez, City Clerk
APPROVED AS TO FORM:
_________________________________
Marc Tran, City Attorney
78 ATTACHMENT A (Ordinance No. 623) 10

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS:

CITY OF ADELANTO )
I, Brenda Lopez, City Clerk of the City of Adelanto, hereby certify that the foregoing Ordinance No.(next in order) was passed and adopted by the City Council of the City of Adelanto, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 13th day of April 2022 and that said Ordinance was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Brenda Lopez, City Clerk
79 CITY COUNCIL AGENDA REPORT
DATE: April 13, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Marc Tran, City Attorney
SUBJECT: 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)
STAFF RECOMMENDATION:

BACKGROUND:

On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVID-19), which still remains in effect. On March 10, 2020, the Board of Supervisors of the County of San Bernardino proclaimed the existence of a local emergency for all of San Bernardino County (“County”) in response to the outbreak of COVID-19 and its impact on the County. On March 13, 2020, the Adelanto City Council (“City Council”) declared a local emergency in response to the conditions of extreme peril to the safety of persons within the City as a result of the rapid spread of COVID-19.

On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(e)) during a state-declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 2024.

Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true:

1. State or local officials have imposed or recommend social distancing; or 80 2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or

3. The legislative body holds a meeting having already determined by a majority vote to hold remote meetings.

Modified Brown Act requirements under AB 361, include, among other provisions, that:
• Members of the public must be allowed to address the body and offer comments in real-time during the meeting.
• In the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved.
• Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option).
• Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired.

The statewide declaration of emergency continues, in addition, the “SBCOVID-19” section of the San Bernardino County website continues to state that masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses. The County weekly update on March 25, 2022, stated that the County Public Health Department recently detected the Omicron BA.2 variant and has been carefully monitoring its spread. With the recommendation that masks continue to be used and the newly detected variant, the City has satisfied the requirements to hold meetings under the modified teleconferenced rules.

Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to use the teleconference exception available under Government Code Section 54953(e), it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter.

FISCAL IMPACT:

There is no fiscal impact to the City.

ATTACHMENTS:

Resolution No. 22-15
81 - 1 -
RESOLUTION NO. 22-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF

SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY,

RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM APRIL 6, 2022, THROUGH MAY 6, 2022

PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Adelanto (“City”); and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California; and WHEREAS, on March 10, 2020, the Board of Supervisors of the County of San Bernardino proclaimed the existence of a local emergency for all of San Bernardino County (“County”) in response to the outbreak of COVID-19 and its impact on the County; and WHEREAS, on March 13, 2020, in response to the conditions of extreme peril to the safety of persons within the City of Adelanto, the Adelanto City Council (“City Council”) declared a local emergency; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act (“Brown Act”), this waiver was extended through September 30, 2021, by Executive Order N-08-21; and WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, the San Bernardino County (“County”) weekly update on March 25, 2022, stated that the County Public Health Department recently detected the Omicron BA.2 variant and has been carefully monitoring its spread; and
WHEREAS, the “SBCOVID-19” section of the County website states that masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses; and
82 RESOLUTION NO. 22-15
- 2 -
WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; and WHEREAS, the City finds that the continuous spread of COVID-19 throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City; and WHEREAS, the City continues to recommend measures to promote social distancing which include recommending staff and civilians wear masks in City buildings; and WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the local recommendations for masks for all individuals, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by Government Code Section 54953(e) to allow the City Council and all City Boards and Commissions to meet under the abbreviated teleconferencing procedures.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby considers the conditions of the State of Emergency in the County and City and proclaims that a local emergency in response to the COVID-19 pandemic persists.

SECTION 3. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020. 83 RESOLUTION NO. 22-15
- 3 -
SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective from April 6, 2022, until the earlier of May 6, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Adelanto may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

SECTION 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 7. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
[Signatures on the following page]
84 RESOLUTION NO. 22-15
- 4 -
PASSED, APPROVED AND ADOPTED this 6
th day of April 2022.
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
85 RESOLUTION NO. 22-15
- 5 -
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-15 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 13th day of April, 2022, be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 13th day of April, 2022.
______________________________
Brenda Lopez, City Clerk
86 CITY COUNCIL AGENDA REPORT
DATE: April 13, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brian D. Wolfe, Contract City Engineer
SUBJECT: RECOMMEND APPROVAL OF VACATING PUBLIC RIGHT OF WAY AS NEEDED FOR AES SOLAR PROJECT.

STAFF RECOMMENDATION:

Staff recommends City Council sign Resolutions 22-16, 22-17 and 22-18 to approve vacating public right-of-way fronting six properties as part of the Baldy Mesa solar project by AES Solar.

BACKGROUND:

Baldy Mesa is a 1,200 acre solar power plant project managed by AES Solar. Electricity generated from this plant will be sold to SCE. Maximizing available land for solar panels will require vacating existing R/W adjacent to six parcels. This report recommends both as applicable to the project.

Most properties within the solar plant scope are owned by AES Solar. Adjacent properties not owned by AES, and who will not receive solar panels, cannot be denied access. This was considered while evaluating AES-owned properties for vacating R/W. This will provide additional square footage for solar panel installation between neighboring properties owned by AES. Staff has worked with AES and determined no parcels will be “landlocked” resulting from vacating the subject R/W.

Staff has determined the street vacations are: (a) not detrimental to the public, (b) will not be contrary to any official plan or zoning ordinance, (c) will not restrict access to any person’s property, and (d) will not terminate a public service easement.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Location Map
B1. Exhibits for APN 0458-053-51
B2. Resolution for APN 0458-053-51
C1. Exhibits for APN 0458-113-05, 06 and 07
C2. Resolution for APN 0458-113-05, 06 and 07
D1. Exhibits for APN 0459-371-43 and 44
D2. Resolution for APN 0459-371-43 and 44
87 A
Location Map
Red indicated public right-of-way to be vacated.
88 8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com

EXHIBIT A

CITY OF ADELANTO
B1
89 8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com

EXHIBIT B

CITY OF ADELANTO
LEGEND: BEAVER AVENUE RICHARDSON ROAD

CALLEJA ROAD

COLUSA ROAD
90 B2
RESOLUTION NO. 21-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF

SAN BERNARDINO, CALIFORNIA, VACATING AND ABANDONING ALL RIGHTS,

TITLE AND INTEREST IN A PORTION OF PUBLIC RIGHT-OF-WAY KNOWN AS BEAVER ROAD AND CALLEJA ROAD LOCATED ADJACENT TO APN 0459-053-51 WITHIN THE CITY OF ADELANTO.

WHEREAS, the California Street and Highways Code provides that an excess of right-ofway for a street or highway may be summarily vacated if certain conditions are met; and WHEREAS, a Right-of-Way for public road purposes exists over the East 40 feet of the South half of the South half of the East half of said Northwest quarter of Section 12 (Beaver Avenue) and the South 40 feet of the East half of said Northwest quarter of Section 12 (Calleja Road), and recorded as Instrument No. 543 in Book 8542 Page 797 of Official Records, San Bernardino County, California on October 23, 1974; and
WHEREAS, the excess right-of-way described herein is not required for street or highway purposes; and
WHEREAS, this vacation is made pursuant to the California Street and Highway Code, Division 9, Part 3 (section 8300), Chapter 4; and
WHEREAS, the City determined the street vacation is: (a) not detrimental to the public, (b) will not be contrary to any official plan or zoning ordinance, (c) will not restrict access to any person’s property and (d) will not terminate a public service easement; and WHEREAS, pursuant to Section 8331 of the Streets and Highways Code a local agency may vacate a street or highway if the following conditions are met: (a) for a period of five or more years the street or highway has been impassable for vehicular traffic and (b) no public money was expended for maintenance of the street or highway during such period; and WHEREAS, for a period of 46 consecutive years the two 40-foot Rights-of-Way have been impassable for vehicular travel and no public money was expended for maintenance of the public roadway during such period.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. To adopt this Resolution in accordance with Chapter 4 “Summary Vacation”, of Part 3 “Public Streets, Highways and Service Easements Vacation Law” of Division I, “Change of Grade and vacation” of the California Streets and Highways Code 9Seiton 8330 et. Seq).
91 B2
Section 2 The City Council does hereby vacate and abandon all right, title, and interest in the 40-foot-wide Right-of-Way, as recorded as Instrument No. 543, in Book 8542 Page 797 of Official Records, and the Certificate of Acceptance recorded November 30, 1990 as Instrument No. 90-473582 of Official Records, San Bernardino County, California, being the vacated area described in Exhibit “A”, and shown on Exhibit “B”, attached hereto and made a part hereof.

Section 3 This Resolution to vacate and abandon all the City’s right, title, and interest in the East 40 feet and South 40 feet of the South ½ of the Southeast ¼ of the Southeast ¼ of the Northwest ¼ of Section 12, Township 6 North, Range 6 West, San Bernardino Base and Meridian is made in accordance with Section 8331 of the California Street and Highways Code.

Section 4 The City Clerk is hereby directed to cause a certified copy of this Resolution, attested under the seal of the City, to be recorded in the Office of the County Surveyor of San Bernardino County.

PASSED, APPROVED AND ADOPTED this 13th day of April, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
92 B2
Resolution No. 22-16

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-16 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 13th day of April, 2022 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

EXHIBIT A

CITY OF ADELANTO
C1
94 8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com

EXHIBIT B

CITY OF ADELANTO
LEGEND:

BEAVER AVENUE

NICHOLS ROAD

RICHARDSON ROAD
95 C2
RESOLUTION NO. 22-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF

SAN BERNARDINO, CALIFORNIA, VACATING AND ABANDONING ALL RIGHTS,

TITLE AND INTEREST IN A PORTION OF PUBLIC RIGHT-OF-WAY KNOWN AS BEAVER AVENUE LOCATED ADJACENT TO APNS 0458-113-05, 0458-113-06 AND 0458-113-07 WITHIN THE CITY OF ADELANTO.

WHEREAS, the California Street and Highways Code provides that an excess of right-ofway for a street or highway may be summarily vacated if certain conditions are met; and WHEREAS, a Right-of-Way for public road purposes exists over the east 30-feet of the Northwest one-quarter of Section 13, Township 6 North, Range 6 West, San Bernardino Base and Meridian, in the City of Adelanto, County of San Bernardino, State of California, excepting therefrom the North 60 acres thereof, more particularly described as Parcel No. 2 of City of Adelanto Lot Split 73-7, recorded as Instrument No. 433 in Book 8320 Page 593, San Bernardino County, California on December 4, 1973; and
WHEREAS, the excess right-of-way described herein is not required for street or highway purposes; and
WHEREAS, this vacation is made pursuant to the California Street and Highway Code, Division 9, Part 3 (section 8300), Chapter 4; and
WHEREAS, the City determined the street vacation is: (a) not detrimental to the public, (b) will not be contrary to any official plan or zoning ordinance, (c) will not restrict access to any person’s property and (d) will not terminate a public service easement; and WHEREAS, pursuant to Section 8331 of the Streets and Highways Code a local agency may vacate a street or highway if the following conditions are met: (a) for a period of five or more years the street or highway has been impassable for vehicular traffic and (b) no public money was expended for maintenance of the street or highway during such period; and WHEREAS, for a period of 48 consecutive years the 30-foot Right-of-Way has been impassable for vehicular travel and no public money was expended for maintenance of the public roadway during such period.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:

Page 2 ends

Section 2 The City Council does hereby vacate and abandon all right, title, and interest in the 30-foot-wide Right-of-Way, as described in Grant of Easement, recorded as Instrument No. 433 in Book 8320 Page 593 in San Bernardino County, California, being the vacated area described in Exhibit “A”, and shown on Exhibit “B”, attached hereto and made a part hereof.

Section 3 This Resolution to vacate and abandon all the City’s right, title, and interest in the east 30-feet of the Northwest one-quarter of Section 13, Township 6 North, Range 6 West, San Bernardino Base and Meridian, in the City of Adelanto, County of San Bernardino, State of California, excepting therefrom the North 60 acres thereof, more particularly described as Parcel No. 2 of City of Adelanto Lot Split 73-7, recorded in Book 8320 Page 593, San Bernardino County, California on December 4, 1973, is made in accordance with Section 8331 of the California Street and Highways Code.

PASSED, APPROVED AND ADOPTED this 13th day of April, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
97 C2
Resolution No. 22-17

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-17 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 13th day of April, 2022 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

EXHIBIT A

CITY OF ADELANTO
D1
99 8885 Haven Avenue
Suite 195
united engineering group
Phone: (909) 466-9240
CA 91730
Rancho Cucamonga,
www.unitedeng.com

EXHIBIT B

CITY OF ADELANTO
LEGEND:

MUSKRAT AVENUE

EL MIRAGE ROAD

EL SERENO AVE
100
D2
RESOLUTION NO. 22-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF

SAN BERNARDINO, CALIFORNIA, VACATING AND ABANDONING ALL RIGHTS,

TITLE AND INTEREST IN A PORTION OF PUBLIC RIGHT-OF-WAY KNOWN AS EL SERENO AVENUE LOCATED BETWEEN APN 0459-371-43 AND 0459-371-44 WITHIN THE CITY OF ADELANTO.

WHEREAS, the California Street and Highways Code provides that an excess of right-ofway for a street or highway may be summarily vacated if certain conditions are met; and WHEREAS, a Right-of-Way for public road purposes exists over the north 30-feet of Parcel 2 and the south 30-feet of Parcel 3 of Parcel Map 11295, recorded in Book 130, pages 22 and 23 of Parcel Maps, San Bernardino County, California on August 19, 1988 and as more particularly shown on Exhibit A; and
WHEREAS, the excess right-of-way described herein is not required for street or highway purposes; and
WHEREAS, this vacation is made pursuant to the California Street and Highway Code, Division 9, Part 3 (section 8300), Chapter 4; and
WHEREAS, the City determined the street vacation is: (a) not detrimental to the public, (b) will not be contrary to any official plan or zoning ordinance, (c) will not restrict access to any person’s property and (d) will not terminate a public service easement; and WHEREAS, pursuant to Section 8331 of the Streets and Highways Code a local agency may vacate a street or highway if the following conditions are met: (a) for a period of five or more years the street or highway has been impassable for vehicular traffic and (b) no public money was expended for maintenance of the street or highway during such period; and WHEREAS, for a period of 33 consecutive years the 30-foot Right-of-Way has been impassable for vehicular travel and no public money was expended for maintenance of the public roadway during such period.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:

Page 2 ends

Section 2 The City Council does hereby vacate and abandon all right, title, and interest in the 30-foot wide Right-of-Way, as shown in Parcel Map 11295, recorded in Book 130, pages 22 and 23 of Parcel Maps, San Bernardino County, California on August 19, 1988, being the vacated area described in Exhibit “A”, and shown on Exhibit “B”, attached hereto and made a part hereof.

Section 3 This Resolution to vacate and abandon all the City’s right, title, and interest in the north 30-feet of Parcel 2 and the south 30-feet of Parcel 3 of Parcel Map 11295, recorded in Book 130, pages 22 and 23 of Parcel Maps, San Bernardino County, California on August 19, 1988, is made in accordance with Section 8331 of the California Street and Highways Code.

PASSED, APPROVED AND ADOPTED this 13th day of April, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
102
D2
Resolution No. 22-18

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-18 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 13th day of April, 2022 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 13th day of April, 2022.
______________________________
Brenda Lopez, City Clerk
103

Adelanto City CouncilApril 13, 2022

Adelanto City Council
April 13, 2022