1 MINUTES OF THE
SPECIAL MEETING
OF THE ADELANTO CITY COUNCIL,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
April 26, 2022
A. CALL TO ORDER –CLOSED SESSION
The Adelanto City Council held the Special Meeting on Tuesday, April 26, 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 special meeting at 10:10 a.m.
Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes B. DELETIONS / ADDITIONS TO AGENDA
None.
C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented.
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).
D. ANNOUNCEMENT OF CLOSED SESSION ITEMS
1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Pursuant to Government Code §54956.9 Subparts (a), (d)(2), and (e)(3). Two cases.
City Attorney Marc Tran announced closed session items. 111
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2 E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
Mayor Reyes opened public comment at 10:12 a.m.
Mayor Reyes closed public comment at 10:13 a.m.
F. CONVENE INTO CLOSED SESSION
Mayor Reyes convened the meeting into closed session at 10:13 a.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to convene into closed session.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
Mayor Pro Tem Ramos noted as present at 10:13 a.m.
G. CALL TO ORDER - SPECIAL MEETING
Mayor Reyes reconvened the meeting at 10:43 a.m.
Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes City Attorney Marc Tran spoke about the WebX meeting link for the meeting. The city attorney recommends tabeling the item for a future agenda to be in compliance.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to close the meeting session based on City Attorney’s direction.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
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3 Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
H. CLOSED SESSION REPORT
None.
I. PUBLIC HEARING
1. PUBLIC HEARING – APPEAL OF PLANNING COMMISSION APPROVAL/ADOPTION
OF THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT 21-04, LOCATION AND DEVELOPMENT PLAN 21-04, TENTATIVE PARCEL MAP 20437 (DAVE/MARY)
RECOMMENDATION: Staff recommends that the City Council, DENY THE APPEAL and APPROVE/ADOPT the Initial Study/Mitigated Negative Declaration (IS/MND) for Conditional Use Permit 21-04, Location and Development Plan 21-03 & Tentative Parcel Map 20437 and adopt Council Resolution No. 22-21 (Attached as Exhibit A) adopting the findings and approving/adopting the IS/MND for Conditional Use Permit 21-04, Location and Development Plan 21-03 & Tentative Parcel Map 20437, a 15-acre site located on Auburn Avenue, between Montezuma Street and Jonathan Street in the Airport Development District (ADD) zone in the City of Adelanto, California (APN’s: 0459-053-70, 71, 72 &74).
Item tabled for future agenda.
2. PUBLIC HEARING – PUBLIC HEARING – APPEAL OF PLANNING COMMISSION
APPROVAL/ADOPTION OF THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT 21-16 & LOCATION AND DEVELOPMENT PLAN 21-14 (DAVE/MARY)
RECOMMENDATION: Staff recommends that the City Council, DENY THE APPEAL and APPROVE/ADOPT the Initial Study/Mitigated Negative Declaration (IS/MND) for Conditional Use Permit 21-16 and Location and Development Plan 21-14 and adopt Council Resolution No. 22-22 (Attached as Exhibit A) adopting the findings and approving/adopting the IS/MND for Conditional Use Permit 21-16 and Location and Development Plan 21-14, a
3.03-acre site located at the West side of Koala Road midway between Rancho Road and Violet Road in the Manufacturing Industrial (MI) zoning district in the City of Adelanto, California (APN: 3210-631-14).
Item tabled for future agenda.
J. ADJOURNMENT
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4 L. ITEMS REMOVED FROM THE CONSENT CALENDAR
M. FUTURE AGENDA ITEMS
N. PUBLIC COMMUNICATIONS
O. ADJOURNMENT
The next Regular Meeting of the City Council will be held on April 27, 2022, at 7:00 pm. _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
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1 MINUTES OF THE CONCURRENT
REGULAR MEETING and SPECIAL MEETING
OF THE ADELANTO CITY COUNCIL,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
April 27, 2022
A. CALL TO ORDER - REGULAR MEETING
The Adelanto City Council held the Special Meeting on Wednesday, April 27, 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 meeting and concurrent special meeting at 7:04 p.m.
Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos, Mayor Reyes Invocation: Council Member Jones
Flag Salute: Mayor Pro Tem Ramos
B. DELETIONS / ADDITIONS TO AGENDA
None.
C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented.
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). 115
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2 D. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Jeannette spoke about meetings she attended on behalf of VVTA. She spoke about upcoming events.
Mayor Reyes spoke about the meetings he attended.
E. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores spoke about the special meeting that was supposed to take place yesterday.
He shared that the WebX company had removed the meeting link for an unknown reason. He spoke about current projects within the city.
F. PRESENTATIONS
1. Proclamation presentation for Donate Life Month.
Mayor Reyes announced that April 022 will be recognized as Donate Life Month.
Cheryl from Donate Life presented a presentation and thanked the city.
2. Proclamation presentation Alcohol Awareness Month.
Serg presented a presentation and thanked the city.
G. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:25 p.m.
Tim Graston- spoke about the $10,000 donation to the Mayors church and feels that the Mayor did not explain enough. He spoke about the city being sued by the carpenters union. He spoke about the tobacco license that was approved by Planning last week needs to be looked at again.
Diana Esmeralda- asked questions about the building the city is getting from the company that City Manager Flores spoke about. She spoke about disruptions occurring to meetings and the public hasn’t been able to be part of because of meetings being held telephonically.
Lee- spoke about the same thing that Diana spoke about as well.
Mayor Reyes closed public comment at 7:36 p.m.
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3 H. 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. Approval of 2nd Reading of Ordinance No. 623 entitled:
ORDINANCE NO. 623
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO ADDING CHAPTER 17.195 (REASONABLE ACCOMMODATIONS IN
HOUSING) OF TITLE 17 (ZONING ORDINANCE) TO THE ADELANTO
MUNICIPAL CODE TO ESTABLISH FAIR HOUSING REASONABLE
ACCOMMODATION PROCEDURES
3. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 21/22-10-02- 146723 through 146885 in the total amount of $1,831,209.42.
b. Approval of City of Adelanto EFT, 21/22-10-02- 0 through 0 in the total amount of N/A.
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).
I. 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 Adelanto Public Utility Authority 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 117
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4 Section 36934, unless otherwise directed by the City Council.
2. Receive and File Sewer Department Report.
3. Receive and File Water 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).
J. PUBLIC HEARING
1. PUBLIC HEARING – A NEW SCREENING CRITERIA FOR SMALL PROJECTS USING
CARBON EMISSION THRESHOLDS IS RECOMMENDED TO MEET REQUIREMENTS OF SENATE BILL 743. (BRIAN)
RECOMMENDATION: Adopt amended Resolution 21-40-A after a public hearing to establish a new criteria for screening small projects using carbon emission thresholds.
RESOLUTION NO. 20-41A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO ADOPTING CARBON DIOXIDE EQUIVALENT
THRESHOLDS OF SIGNIFICANCE FOR PURPOSES OF ANALYZING
TRANSPORTATION IMPACTS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Contracted Engineer Wolfe presented the staff report.
Sandy- provided a history on Senate Bill 743.
Mayor Reyes opened public comments at 8:04 p.m.
Diana Esmeralda- spoke about the Environmental Impact Report being important to the residents. She said this is not in the spirit of the General Plan.
Mayor Reyes closed public comments at 8:08 p.m.
Further discussion ensued regarding the item.
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5 MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to adopt amended Resolution 21-40-A after a public hearing to establish a new criteria for screening small projects using carbon emission thresholds.
Roll Call Vote:
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).
2. FIRST PUBLIC HEARING - SPEED ZONE STUDY FOR ADELANTO, APPROVE ORDINANCE NO. 630. (BRIAN)
RECOMMENDATION: Introduce first reading of Ordinance No. 630 for purposes of updating posted speed limits throughout the city.
ORDINANCE NO. 630
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ADELANTO,COUNTY OF SAN BERNARDINO, AMENDING
CHAPTER 10.24 OF THE ADELANTO MUNICIPAL CODE
RELATING TO SPEED LIMITS ON CITYSTREETS
Contracted Engineer Wolfe presented the staff report.
Mr. Kirkpatrick- was available for questions.
Discussion ensued regarding the item.
Mayor Reyes opened public comment at 8:22 p.m.
Diana- spoke about the volume issues that Brian is having. She spoke about a need for a speed study on Hwy 395 and Air Express Way.
Mayor Reyes closed public comment at 8:25 p.m.
Further discussion ensued.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to introduce first reading of Ordinance No. 630 for purposes of updating posted speed limits throughout the city.
Roll Call Vote:
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6 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. NEW BUSINESS
1. CONSIDERATION APPROVAL OF AMENDMENT TO THE EXISTING LEASE
AGREEMENT FOR THE ADELANTO STADIUM & EVENT CENTER BY AND BETWEEN THE CITY OF ADELANTO AND STADIUM MANAGEMENT GROUP, LLC. (ANGEL) RECOMMENDATION: Approve a First Amendment to the Lease Agreement for the Adelanto Stadium Event Center by and between the City of Adelanto and Stadium Management Group, LLC and authorize the City Manager to execute the First Amendment in substantially similar form to Attachment A.
Finance Director Castellanos presented the staff report.
Discussion ensued regarding the item.
Mayor Reyes called a brief recess at 8:34 p.m.
Mayor Reyes reconvened the meeting at 8:40 p.m.
Mayor Reyes opened public comment at 8:45 p.m.
Diana Esmeralda- requested on behalf of the residents not to renew the contract.
Mayor Reyes closed public comment at 8:48 p.m.
Further discussion ensued.
MOTION: Moved by Mayor Pro Tem Reyes, seconded by Council Member Jeannette to approve a First Amendment to the Lease Agreement for the Adelanto Stadium Event Center by and between the City of Adelanto and Stadium Management Group, LLC and authorize the City Manager to execute the First Amendment in substantially similar
Roll Call Vote:
Evans: Yes
Jeannette: Yes
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7 Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
2. CONSIDERATION AND ADOPTION OF A RESOLUTION AUTHORIZING A
PROCEDURE FOR DONATIONS TO NONPROFIT ORGANIZATIONS FROM THE ADELANTO COMMUNITY BENEFIT CORPORATION. (CITY ATTORNEY) RECOMMENDATION: Staff recommends that the City Council approve and adopt Resolution No. 22-23 authorizing the donations from the Adelanto Community Benefit Corporation to nonprofit organizations in order to provide financial assistance to community service organizations and nonprofit corporations.
City Attorney Suzie presented the staff report.
Discussion ensued regarding the item.
Mayor Reyes opened public comment at 9:41 p.m.
Diana Esmeralda- shared this should be under the parks and rec department which would allow the Planning commission to take care of it. She requested it be tabled for a workshop.
Mayor Reyes closed public comment at 9:44 p.m.
City Attorney Suzie Altamirano stated a workshop can be scheduled for a future date along with any amendment requests.
Further discussion ensued.
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the attached Resolution No. 22-23 authorizing the donations from the Adelanto Community Benefit Corporation to nonprofit organizations to provide financial assistance to community service organizations and nonprofit corporations. with direction to staff to make revisions that will be brought back to the Council.
Roll Call Vote:
Evans: No
Jeannette: No
Jones: No
Ramos: Yes
Reyes: Yes
Motion fails 2-3 (Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans, Jeannette, and Jones voting no).
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8 Council gave direction to staff to revise the proposed policy and incorporate various comments that were offered this evening and schedule a workshop to give council the ability to discuss further.
3. CONSIDERATION OF DONATIONS FROM THE ADELANTO COMMUNITY BENEFIT
CORPORATION TO THE HIGH DESERT HISPANIC CHAMBER OF COMMERCE, IN THE AMOUNT OF ($7,000), SUPREME TOUCH MINISTRIES, IN THE AMOUNT OF ($7,000), HD QUEENZ IN THE AMOUNT OF ($3,000), AND ADELANTO LITTLE LEAGUE IN THE AMOUNT OF ($3,000). (CITY ATTORNEY)
RECOMMENDATION: Staff recommends that the City Council discuss and consider appropriating funds from the Community Benefit Corporation in accordance with adopted procedures.
Council agrees to table this item to a date uncertain since item #2 was not approved.
4. DISCUSSION ITEM - PRESENTATION BY LANWAN REGARDING CITY WEBSITE UPGRADES. (MAYOR)
RECOMMENDATION: Staff recommends that the City Council provide staff with direction and feedback.
A representative from LANWAN presented a presentation.
Discussion ensued regarding the item.
Mayor Reyes opened public comment at 11:01 p.m.
Diana Esmeralda spoke about having 4 IT employees within the city and compared costs to the city of Victorville.
Mayor Reyes closed public comment at 11:05 p.m.
Further discussion ensued regarding the website.
L. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
M. FUTURE AGENDA ITEMS
Mayor Pro Tem Ramos requested visiting the food truck ordinance in the future.
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to revisit the food truck ordinance.
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9 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).
Reyes requested staff pull paperwork for the Chief John Laetke educational fund and who / where it can be donated.
MOTION: Moved by Mayor Reyes seconded by Mayor Pro Tem Ramos to staff pull paperwork for the Chief John Laetke educational fund and who / where it can be donated.
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).
N. PUBLIC COMMUNICATIONS
None.
O. ADJOURNMENT
The next Regular Meeting of the City Council will be held on May 11, 2022, at 7:00 pm.
There being no further business to discuss the Chair adjourned the meeting at 11:16 p.m.
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to adjourn the meeting.
Roll Call Vote:
Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
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10 Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
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CITY COUNCIL AGENDA REPORT
DATE: February 8, 2023
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:
It is staff's recommendation that the City Council adopt and approve the attached resolution, reauthorizing 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).
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
2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of 125
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 (“County”) website continues to state, “masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public).” With the recommendation that masks continue to be used along with the confirmation of new variants within the County, the City desires to continue 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.
On January 25, 2023, the City Council adopted Resolution No. 23-02 re-authorizing modified remote teleconference meetings through February 24, 2023, to ensure all meetings in the City are covered by the modifications made available under AB 361, staff recommends the Council adopt the attached resolution.
FISCAL IMPACT:
There is no fiscal impact to the City.
ATTACHMENTS:
Resolution No. 23-09
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