Agenda — Adelanto City Council, July 13, 2022 (part 1 of 2)

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
July 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.

City Council, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence.

On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which was effective immediately and amends Government Code § 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically.

Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows:

NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda 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 within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting.

The public may view the meeting or participate / 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 zoom please log in using any of the options below:
1 REGULAR MEETING
JULY 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us • Teleconference
https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 Or Telephone:
1-669-900-6833
Webinar ID: 931 4644 4676
Passcode: 7601
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.

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 2 REGULAR MEETING
JULY 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 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.

A. CALL TO ORDER— REGULAR MEETING
TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Jeannette ________
Councilor Jones ________
Councilor Ramos ________
Mayor Reyes ________
INVOCATION: ______________________
FLAG SALUTE: ______________________
B. CITY MANAGERS ANNOUNCEMENTS AND REPORT
C. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
D. PRESENTATIONS

1. Proclamation recognizing Deputy Larry Torres for his Heroic lifesaving actions. 3 REGULAR MEETING
JULY 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us E. 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 *9 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
F. 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.

MOTION APPROVING 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 Meeting Minutes:

June 9, 2021 – Regular
June 23, 2021 – Regular
July, 14, 2021 – Regular
July 28, 2021 – Regular
August 11, 2021 – Regular
August 18, 2021 – Special
August 25, 2021 – Regular

3. 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).

RESOLUTION NO. 22-50

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 REAUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM JULY 13, 2022, THROUGH AUGUST 12, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)
4 REGULAR MEETING
JULY 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

4. Approval of an Agreement with the Barstow Humane Society to provide animal sheltering and related services for a three-year term and authorize the City Manager to execute the Agreement.

5. Approval of 2nd Reading of Ordinance No. 631 entitled:

ORDINANCE NO. 631

AN ORDINANCE OF THE CITY COUNCIL, OF THE

CITY OF ADELANTO, SAN BERNARDINO COUNTY, STATE OF
CALIFORNIA,ADDING CHAPTER 9.110 (NOISE CONTROL) TO TITLE 9 (PUBLIC PEACE, SAFETY AND MORALS) OF THE ADELANTO

MUNICIPAL CODE REGULATING NOISE LEVELS

6. Approval of 2nd Reading of Ordinance No. 632 entitled:

ORDINANCE NO. 632

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA ADDING CHAPTER 5.82 “SIDEWALK VENDORS” TO TITLE 5 (BUSINESS LICENSES AND REGULATIONS) OF THE ADELANTO

MUNICIPAL CODE TO ESTABLISH A SIDEWALK VENDING PROGRAM
IN COMPLIANCE WITH SENATE BILL 946
M__________________S__________________ACTION__________________ G. 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:

2. Approval of AMI Smart Meter Infrastructure.

M__________________S__________________ACTION____________________ 5 REGULAR MEETING
JULY 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us H. PUBLIC HEARING
OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING:

1. PUBLIC HEARING – GENERAL PLAN AMENDMENT NO. 21-03 (GPA 21-03), (SECOND GPA of 2022) ZONE CHANGE NO. 21-03 (ZC 21-03), AND LOCATION & DEVELOPMENT PLAN NO. 21-33 (LDP 21-33), – Argies West, Inc., Proposal for a General Plan Amendment and Zone Change to change the General Plan and Zoning Designation from Single Family Residential (R-S5) to Medium Density Residential (R3-8) in order to accommodate the uses proposed, and a Location & Development Plan to construct 38 one story apartment units with onsite amenities and dedicate right-of-way on a 4.67-acre site located on the northwest corner of Holly Road and Delicious Ave. in the City of Adelanto, California (APN’s: 3128-201 -17). (DAVE/JIM)
RECOMMENDATION: Staff recommend that the City Council:
• Approve Council Resolution 22-19, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the Argies West , Inc. project pursuant to the California Environmental Quality Act (CEQA);
• Approve Council Resolution 22-20, to adopt the findings and approve General Plan Amendment No. 21-03 to change the General Plan Map Land Use Designation on the property from Single Family Residential (R-S5) to Medium Density Residential (R3-8) (Second First Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No. LDP 21-33 for the site layout; adopt findings and dedicate right-of-way;
• Introduce First Reading of Ordinance 628 to adopt findings and approve Zone Change No. 21-03 to change the property Zoning Designation from from Single Family Residential (R-S5) to Medium Density Residential (R3-8) .
• Schedule the second reading and adoption of the Ordinance 628 for the next regular council meeting.

RESOLUTION NO. 22-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA

ADOPTING THE INITIAL STUDY AND MITIGATED

NEGATIVE DECLARATION FOR THE PROPOSED ARGIES
WEST, INC. PROJECT LOCATED ON A 4.67-ACRE SITE AT
THE NWC OF HOLLY ROAD AND DELICIOUS AVE. IN THE
CITY OF ADELANTO, CALIFORNIA (APN: 3128-201-17) AND

MAKING FINDINGS IN SUPPORT THEREOF
6 REGULAR MEETING
JULY 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us AND
RESOLUTION NO. 22-20

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 21-03 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM SINGLE FAMILY RESIDENTIAL (R-S5) TO MEDIUM DENSITY RESIDENTIAL (R3-8) ON THE GENERAL PLAN LAND

USE AND ZONING MAP AND APPROVE LOCATION AND DEVELOPMENT PLAN NO. 21-33, TO CONSTRUCT A MEDIUM DENSITY RESIDENTIAL DEVELOPMENT AND DEDICATE RIGHT-OF-WAY FOR A 4.67-ACRE SITE LOCATED AT THE NWC OF HOLLY ROAD AND DELICIOUS AVE. IN THE CITY OF ADELANTO, CALIFORNIA (APN: 3128-201-17) AND MAKING

FINDINGS IN SUPPORT THEREOF (SECOND AMENDMENT TO THE
GENERAL PLAN LAND USE ELEMENT FOR THE YEAR.)
AND
ORDINANCE NUMBER 628

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING ZONE CHANGE NO. 21-03 CHANGING THE ZONE ON THE GENERAL

PLAN LAND USE MAP AND ZONING MAP FROM SINGLE FAMILY
RESIDENTIAL (R-S5) TO MEDIUM DENSITY RESIDENTIAL (R3-8) TO

FACILITATE A MEDIUM DENSITY RESIDENTIAL DEVELOPMENT FOR A 4.67-ACRE SITE LOCATED AT THE NWC OF HOLLY ROAD AND
DELICIOUS AVE IN THE CITY OF ADELANTO, CALIFORNIA (APN: 3128- 201-17) AND MAKING FINDINGS IN SUPPORT THEREOF
OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING:

2. PUBLIC HEARING – OPEN A PUBLIC HEARING AND ADOPT RESOLUTION 22-51

ORDERING THE LEVY AND COLLECTION OF SOLID WASTE CHARGES ON THE PROPERY TAX ROLL FOR FISCAL YEAR 2022-23. ( ANGEL/DERIK) RECOMMENDATION: It is recommended that the City Council open a public hearing and adopt Resolution 22-51 ordering the levy and collection of solid waste charges on the property tax roll for Fiscal Year 2022-2023.
7 REGULAR MEETING
JULY 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RESOLUTION NO. 22-51

A RESOLUTION OF THE ADELANTO CITY COUNCIL, ORDERING THE

LEVY AND COLLECTION OF SOLID WASTE FEES BY THE COUNTY TAX

COLLECTOR IN THE SAME MANNER AND AT THE SAME TIME AS
GENERAL TAXES.

M__________________S__________________ACTION_________________ I. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. RECOMMEND AWARD OF CONTRACT FOR PLANNING SUPPORT SERVICES. (ANGEL) RECOMMENDATION: Staff recommends City Council award the Planning Support Services contract to Infrastructure Engineers (IE) in the amount of $750,000.

M__________________S__________________ACTION___________________ PUBLIC COMMENT: OPEN: CLOSED:

2. RECOMMEND AWARD OF CONTRACT FOR CITY BUILDING AND SAFETY SERVICE.– (ANGEL)
RECOMMENDATION: Staff recommends City Council award the City Building and Safety Services contract to Infrastructure Engineers (IE) in the amount of $750,000.

M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:

3. RECOMMEND AWARD OF CONTRACT AS NEEDED ENGINEERING SUPPORT SERVICES – (ANGEL)
RECOMMENDATION: Staff recommends City Council award the As-Needed Engineering Support Services contract to T.R. Holliman and Associates, Inc. in the amount of $250,000, and Infrastructure Engineers (IE) in the amount of $250,000. (ANGEL) M__________________S__________________ACTION____________________ 8 REGULAR MEETING
JULY 13, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED:

4. DESIGNATION OF VOTING DELEGATE AT THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE. (BRENDA/JESSIE)
RECOMMENDATION: That the City Council pick a Delegate and Alternate for the League of California Cities Annual Conference.

M__________________S__________________ACTION____________________ J. ADJOURNMENT
The next Regular Meeting of the City Council will be held on July 27, 2022 at 7:00 p.m.

TIME OUT: ______________
M__________________S__________________ACTION____________________

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 JULY 9, 2022, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk, CMC
K. DECLARATION OF POSTING
9 REGULAR MEETING
JULY 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
July 13, 2022
City Council, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence.

Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically.

Pursuant to AB 361, 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 zoom please log in using any of the options below:

Teleconference https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09

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

Open Session – 7:00 p.m. Please call 1-669-900-6833 along with conference code 931 4644 4676
Passcode: 7601

Dated: July 9, 2022 Brenda Lopez, City Clerk, CMC
11 1

MINUTES OF THE

REGULAR MEETING AND THE SPECIAL

CONCURRENT MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
June 9, 2021
The Adelanto City Council held the Regular and Special Concurrent Meeting on Wednesday, June 9, 2021, 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 & Special concurrent meeting at 5:04 p.m.

Council Members present: Evans, Jeannette, Ramos, and Mayor Reyes.

Invocation: Council Member Jeannette.

Flag Salute: Council Member Ramos.

City Attorney Pilchen announced that closed session items #1-4 are removed from the agenda. He announced item #1 of the special concurrent agenda.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented with the concurrent meeting items.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-0 (Evans, Jeannette, Ramos and Mayor Reyes voting yes).

A. CALL TO ORDER – REGULAR & SPECIAL CONCURRENT MEETING B. DELETIONS / ADDITIONS TO AGENDA
C. APPROVAL OF AGENDA
12 City Council Minutes
Regular Meeting & Special Concurrent Meeting
June 9, 2021
2 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE § 54956.8:

Property: Assessor Parcel No. 3129-261-14, 3129-261-69 and 3129-261-70 City Negotiator: City Manager
Negotiating Party: AWP, LLC
Under Negotiation: Lease Agreement - Price and terms of payment

2. CONFERENCE WITH LABOR NEGOTIATORS – PURSUANT TO GOVERNMENT CODE § 54957.6.

City Designated Representatives: Jessie Flores, City Manager Angel Castellanos, Principal Accountant
Jeanette Jauregui, Senior Human Resources/Risk Analyst

Employee Organization: Teamsters Local 911 (General Employees)

3. CONFERENCE WITH LABOR NEGOTIATORS- PURSUANT TO GOVERNMENT CODE § 54957.6.

City designated representative(s): Jessie Flores, City Manager Angel Castellanos, Principal Accountant
Jeanette Jauregui, Senior Human Resources/Risk Analyst
Organization: Confidential/Professional Employees Group

4. CONFERENCE WITH LABOR NEGOTIATORS- PURSUANT TO GOVERNMENT CODE § 54957.6.

4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE § 54956.9 Subparts (a), (d)(2) and (e)(3). One case Item 1-4 removed from the agenda per City Attorney.

D. ANNOUNCEMENT OF CLOSED SESSION ITEMS
13 City Council Minutes
Regular Meeting & Special Concurrent Meeting
June 9, 2021
3 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(d)(1). (1 CASE)
Steven Peltier vs. City of Adelanto, Claim No.: 1082-WC-18-0000003 City Attorney announced closed session item.

None.

Motion to convene into closed session by Mayor Reyes Second by Councilor Ramos Roll Call Vote:

Evans: Yes
Jeannette: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-0 (Evans, Jeannette, Ramos and Mayor Reyes voting yes).

The City Council reconvened from closed Session at 7:04 Council Members present: Evans, Jeannette, Ramos, and Mayor Reyes.

Invocation: Council Member Jeannette.

Flag Salute: Council Member Ramos.

E. SPECIAL CONCURRENT MEETING ANNOUNCEMENT OF CLOSED SESSION ITEMS
F. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
G. CONVENE INTO CLOSED SESSION
H. RECONVENE FROM CLOSED SESSION
14 City Council Minutes
Regular Meeting & Special Concurrent Meeting
June 9, 2021
4 City Attorney Pilchen stated that an update was given with no reportable action.

City Manager Flores provided updates on various projects throughout the city.

Council Member Evans spoke about issues she has seen with a contractor for the city being unprofessional and disrespectful. She requested a presentation from staff on businesses that are coming into the city and working on projects to know what type of projects they are.

Council Member Jeannette spoke about the food share at the stadium. She spoke of the meetings she attended.

Council Member Ramos spoke about the issue with the applicants and wants everyone to treat staff and commissions with respect. He agreed he would like an update on projects also.

Mayor Reyes spoke about the street vendors and that it is legal in the state. He asked other council members to contact staff and City Manager to get updates on projects. He shared he had a meeting with elected officials that included Fiona Ma and that it was a good opportunity.

Presentation by Adam Panos from the San Bernardino County Fire Department.

Mayor Reyes opened public comment at 7:26 p.m.

Roy spoke about various notices regarding trash and debris on property that he owns.

Miguel shared his volunteer experiences and that they are hosting a community clean up in Victorville on Saturday.

Diana spoke about information on the BCC website.

I. CLOSED SESSION REPORT
J. CITY MANAGERS ANNOUNCEMENTS AND REPORT
K. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
L. PRESENTATIONS
M. PUBLIC COMMUNICATIONS
15 City Council Minutes
Regular Meeting & Special Concurrent Meeting
June 9, 2021
5 Mayor Reyes closed public comment.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented.

2. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 20/21-09-02- 145119 through 145344 for the total amount of $3,237,629.25.
b. Approval of City of Adelanto EFT Warrant 20/21-09-02 1422 through 1429 in the total amount of $253,669.09.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-0 (Evans, Jeannette, Ramos and Mayor Reyes voting yes).

1. PUBLIC HEARING - OPEN A PUBLIC HEARING AND APPROVE RESOLUTION 21-27 RELATED TO THE LEVY AND COLLECTIONS OF ASSESSMENTS FOR THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2021-2022. (FINANCE)
RECOMMENDATION: Open a Public Hearing and approve Resolution 21-27 as presented related to the levy and collections of assessments for the Adelanto Streetlight Maintenance Assessment District No. 1 for the Fiscal Year 2021-2022 (FY 2021/2022).

Finance Senior Account Despain presented the staff report.

N. CONSENT CALENDAR
O. PUBLIC HEARING
16 City Council Minutes
Regular Meeting & Special Concurrent Meeting
June 9, 2021
6 Council Member Evans thanked the City for implementing this.

Mayor Reyes opened public comments at 8:12 p.m.

Diana spoke about plants, blueberries, strawberries, and fountains.

Mayor Reyes closed public comment at 8:09 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Ramos to approve Resolution 21-27 as presented related to the levy and collections of assessments for the Adelanto Streetlight Maintenance Assessment District No. 1 for the Fiscal Year 2021-2022 (FY 2021/2022).

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-0 (Evans, Jeannette, Ramos and Mayor Reyes voting yes).

2. PUBLIC HEARING OPEN A PUBLIC HEARING AND APPROVE RESOLUTION 21- 28 RELATED TO THE LEVY AND COLLECTIONS OF ASSESSMENTS FOR THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2021-2022. (FINANCE)
RECOMMENDATION: Open a Public Hearing and approve Resolution 21-28 as presented related to the levy and collections of assessments for the Adelanto Streetlight Maintenance Assessment District No. 1 for the Fiscal Year 2021-2022 (FY 2021/2022).

Finance Senior Account Despain presented the staff report.

Mayor Reyes asked if this would be a good time to discuss a measure to go neighborhood by neighborhood in the north end of the city to get more lights in that area. City Manager Flores stated he would look into it.

Mayor Reyes opened public comment at 8:22 p.m.

Diana spoke about getting grants for lights.

Magda spoke about needing lights in the north end area.

Mayor Reyes closed public comment at 8:25 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve Resolution 21-28 as presented related to the levy and collections of assessments for the Adelanto Streetlight Maintenance Assessment District No. 1 for the Fiscal Year 2021-2022 (FY 2021/2022).

Roll Call Vote:
17 City Council Minutes
Regular Meeting & Special Concurrent Meeting
June 9, 2021
7 Evans: Yes
Jeannette: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-0 (Evans, Jeannette, Ramos and Mayor Reyes voting yes).

1. RECOMMEND AWARD OF CONTRACT FOR THE PEARMAIN STREET SEWER RELIEF PROJECT. (BRIAN)
RECOMMENDATION. Staff recommends City Council approve an award of contract for the Pearmain Street Sewer Relief Project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.

City Engineer Wolfe presented the staff report.

Mayor Reyes opened public comment at 8:29 p.m.

Diana asked about costs.

Mayor Reyes closed public comment at 8:34 p.m.

MOTION: Moved by Council Member Jeannette, seconded by Council Member Ramos to approve an award of contract for the Pearmain Street Sewer Relief Project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-0 (Evans, Jeannette, Ramos and Mayor Reyes voting yes).

1. REVIEW APPLICATIONS TO SERVE ON CITY COUNCIL, HEAR FROM APPLICANTS,

AND, IF DESIRED, ACTION TO APPOINT MEMBER OF CITY COUNCIL, INCLUDING SWEARING IN CEREMONY. (CITY ATTORNEY)
City Attorney presented the staff report and explained that although the City did set deadlines, there was nothing against taking in applications after the deadline and also if anyone would like to put their name in and is accepted during the meeting that would also be possible.

Applicant Lee was added to the list and was interviewed as part of the process.

P. NEW BUSINESS
18 City Council Minutes
Regular Meeting & Special Concurrent Meeting
June 9, 2021
8 Mayor Reyes encouraged the public to check the website for information for each application.

Council Member Evans recused herself from the process as it's not the process that she thought the Council was using.

Applicant Angelo Meza
Angelo Meza is currently on the planning commission and part of the HD Kingz. He shared his volunteer experience within the community for the last two years and how important it is to focus on the youth.

Council Member Ramos asked if the applicant had one thing that they could bring in to the city or change within the City.

Meza stated he would like to have a gym that would all ages to have access to be healthier.

Council Member Jeannette shared her excitement about his volunteer time with in the youth. She asked what he would like to see happen with moving the city forward.

Meza stated he would like to see something similar to Measure R because of all the needs of the city and also have vacant properties to start building.

Mayor Reyes asked how the applicant would ensure that they were making decisions based on what's right for the city and citizens.

Mr. Meza shared that for him it is about his relationships he builds through his volunteer time with the youth because it allows him to interact with the parents from all backgrounds. He said he pays attention to all social media and public comments to try and get a good idea of what issues are, concerns, and how he can help.

Mayor Reyes asked how would he attack and bring his strengths to help with the structural deficit.

Mr. Meza shared that the fees for permits sometimes are costly which prevents small businesses from starting up in the city. He spoke about the cannabis industry and keep brining those businesses in to keep generating revenue. He said the housing development is important to the growth because that then generates growth with shopping and other businesses.

Applicant Taisha Ms. Brown
Taisha Ms. Brown spoke about her time on the planning commission. She shared she is ready to be a part of the transparency and actions in building a city that thrives with the council. She shared she is employed by the government and she loves to be a civil servant that she stands with the people of Adelanto.

Council Member Ramos asked if the applicant had one thing that they could bring in to the city or change within the City. Also, if there was something that was against the applicant’s beliefs but best for the citizens of Adelanto, would the applicant go against their own belief for the benefit of the citizens.

Ms. Brown stated the first thing she would do is bring in jobs to the city so that the residents do not have to travel down the hill. She feels this would help recycle monies in the city and help residents stay close to home. She shared she is doing this because she has a passion for serving the community. She said the citizens come first not herself. 19 City Council Minutes
Regular Meeting & Special Concurrent Meeting
June 9, 2021
9 Council Member Jeannette asked what the applicant would do to increase safety of the community. She also asked how she would attract residents to want to apply for jobs within the city. She asked what the applicant’s ambition is for the future.

Ms. Brown shared that she came from a nice community in San Diego and the reason it was nice was that the residents worked together and looked out for one another. She shared she would like to get the residents more involved. She shared that social media is an outlet to inform residents of jobs within the city, local businesses having spots for job listings, local library, and word of mouth by employees and council members. She spoke about having a workforce development.

She shared that she is going to fulfill her current career until retirement and after that she will work for herself doing her consulting business.

Mayor Reyes asked how the applicant would ensure that they were making decisions based on what's right for the city and citizens.

Ms. Brown shared that she is familiar with non-partisan work as she has been on other boards, committees or organizations where she had to make decisions based on what was best for others not her own views.

Mayor Reyes asked how would he attack and bring his strengths to help with the structural deficit.

Ms. Brown discussed how the trucks are traveling on the 395 and they don't stop and spend money within the city and that is something that she would like to see happen. She discussed the need for a truck stop and the need to go and show what Adelanto has to offer to entice businesses to build.

Tonya Edwards
Ms. Edwards spoke about her previous run for Council in 2020 and her work with Council. She shared that she wants to continue to be a person who comes in and makes a difference as she has in the past. She stated she has strived to be an independent leader and had relationships with the county and city to help.

Council Member Ramos asked if the applicant had one thing that they could bring in to the city or change within the City what would it be.

Mrs. Edwards stated she would like to bring a Parks & Recreation Department because the citizens need that.

Council Member Jeannette asked how the applicant would generate new businesses and income for the city.

Mrs. Edwards stated that she is an advocate for the City and would continue to be.

Council Member Jeannette asked the applicant how she would build relationships within the High Desert, San Bernardino county and Sacramento.

Mrs. Edwards shared she has attended meetings in Sacramento and she is familiar with a lot of people and that she's there to get a job done.

Council Member Jeannette asked the applicant about their future ambitions.

Mrs. Edwards said she would like to see the city move forward as a team and she feels that it has 20 City Council Minutes
Regular Meeting & Special Concurrent Meeting
June 9, 2021
10 been segregated in making relationships through the city and she would like to see that change.

Mayor Reyes asked how she will ensure that she is remaining non-partisan and doing what is best for the whole city even if she disagrees.

Mrs. Edwards shared she would continue to always be there for the city and the residents. She named off things that she has done and is willing to do to benefit the city and residents.

Mayor Reyes asked how would he attack and bring his strengths to help with the structural deficit.

Mrs. Edwards said she feels the structural deficit is a bit blurry and her thought is she needs to see numbers of the overall picture. She would look at different things to build the infrastructure, parks and rec, and markets.

Keron Jones
Keron Jones spoke about his volunteer work he does within the city and the youth. He has been part of the Planning Commission since 2011. He vows to be the best he can be for the City and has no personal gains or a stepping stone for himself.

Council Member Ramos asked if the applicant had one thing that they could bring in to the city or change within the City what would it be.

Mr. Jones shared he believes that the city needs an athletic complex and not a small one. He shared that this will bring in businesses for the city because of how many people it will bring to the city each day.

Council Member Jeannette asked the applicant how he would go about securing the future of the city.

Mr. Jones stated that it starts with the youth. The city needs to have a safe environment for the youth and activities for them. He stated it's important to teach them early about being proud of their city.

Council Member Jeannette asked how the applicant would support new businesses and get new businesses to come to the city.

Mr. Jones stated that it's not the city's business to build buildings and fill them with businesses, so he believes that it is important to make the land owners want to build and work on drawing the businesses to the city. He believes that when new businesses open up that the city needs to be actively involved in making it desirable and spreading the word.

Council Member Jeannette asked what has he learned most from his service and what he would like to see changed.

Mr. Jones stated he's been here for a long time and the biggest thing he learned is how different people's opinions can be and it has taught him a greater understanding of what the opposition is brining to the table. It has taught him to be flexible about his ideas.

Mayor Reyes asked how he could guarantee he's making the best decision for the city and not letting his personal feelings come into it.

Mr. Jones provided an example of cannabis and prison items. He shared how passionate some were about each side.

Mayor Reyes asked how would he attack and bring his strengths to help with the structural deficit. 21 City Council Minutes
Regular Meeting & Special Concurrent Meeting
June 9, 2021
11 Mr. Mr. Jones shared that the city needs to find ways to bring in revenue. One way in particular is getting the census number to 50,000 and that would be beneficial for the city. He stated it will take time so he can't say he would implement anything immediately to solve the problem.

Lee
Lee spoke about issues that he as a candidate needs to look at. He shared the concern about building up only the south end of the city. He spoke about the youth in the city and the needs.

Council Member Ramos asked if the applicant had one thing that they could bring in to the city or change within the City what would it be.

Lee stated he would change the council and the police department because change is needed.

Council Member Jeannette asked how he would generate new businesses and revenue for the city.

Lee stated he agreed that the city needs a truck stop and that would bring revenue. He also spoke about the city securing land to offer to businesses to come into the city.

Council Member Jeannette asked what his future ambitions are.

Lee shared he is buying a condo in Puerto Rico for his birthday and purchased another truck for his trucking business. He said he wants to help other people.

Mayor Reyes asked how he could guarantee he's making the best decision for the city and not letting his personal feelings come into it.

Lee states that he has always been Republican but that doesn't mean he votes Republican all the time. He stated that just because he doesn't have to like something or someone but he can still get along with them and see their point.

Mayor Reyes asked how would he attack and bring his strengths to help with the structural deficit.

Lee spoke about brining businesses within the city and they need to focus on investing in making it desirable. He spoke about finding other ways to bring in revenue as well.

Mayor Reyes opened public comment 10:05 p.m.

Magda stated that she would have had to ask about education. She hopes that the next council person thinks about the roads in the city and she would have had a lot more questions for the applicants.

Tracy stated that Mr. Mr. Jones should be disqualified since he had a late entry. Stated that Ms.

Brown is a perfect candidate.
630-934 she shares that candidate Ms. Brown is an impressive applicant but she failed to follow instructions in the application.
442-364 is curious as to why a council member could not have questions for the applicants. 909-58 spoke in favor of Meza.

Diana Esmeralda feels that the meeting should be tabled and had concerns about the varying time requirement for applicant submissions.

Mayor Reyes closed public comment at 10:22 p.m.
22 City Council Minutes
Regular Meeting & Special Concurrent Meeting
June 9, 2021
12 City Attorney provided explanation that Council Member Evans is abstaining from voting so there would need to be a 3-1 vote.

Mayor Reyes thanked the applicants who submitted by the time deadline but as the City Attorney stated the law is a guide and it's doing the city a disservice having a member of the council abstain from something this important.

Council Member Ramos shared the discussion that took place with the City Attorney regarding applicants’ submissions. He thanked everyone for their time in submitting an application and being part of this. He spoke about the chain of command being necessary for the future of the City. He spoke about applicant Mr. Jones and the pros of electing him.

MOTION: Moved by Council Member Ramos, seconded by Council Member Jeannette to appoint Keron Jones as a Council Member.

Evans: Abstained
Jeannette: Yes
Ramos: Yes
Reyes: Yes
Motion carried 3-1 (Jeannette, Ramos and Mayor Reyes voting yes, Evans abstaining).

Council Member Ramos congratulated Mr. Jones.

City Clerk Lopez swore in Keron Jones.

None.

Mayor Reyes requested the appointment for Mayor Pro Tem and the various commissions and boards be placed on the next agenda.

Mayor Reyes opened public comment.

Taisha Ms. Brown shared she feels disenfranchised. She congratulated Keron Mr. Jones.

Magda shared her concern of the road at Palmdale and Verbena.

Bartola spoke about the football issues and feels let down.

Q. ITEMS REMOVED FROM THE CONSENT CALENDAR
R. FUTURE AGENDA ITEMS
S. PUBLIC COMMUNICATIONS
23 City Council Minutes
Regular Meeting & Special Concurrent Meeting
June 9, 2021
13 Mr. Moore with HD Kingz asked what the city has done for the youth. He stated they are trying to spark a safe haven for the kids and that they need the support of the community.

Mayor Reyes closed public comment.

Council Member Jeannette spoke about previously raising funds for the youth organizations.

Council Member Evans shared that her choice to abstain had nothing to do with Council Member Mr. Jones as she thought he was the best fit but she had to stay with her moral and values.

The next Regular Meeting of the City Council will be held on June 23, 2021, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 10:57 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to adjourn the meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Mr. Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Mr. Jones, Ramos and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
T. ADJOURNMENT
24 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
June 23, 2021
The Adelanto City Council held the Regular Meeting on Wednesday, June 23, 2021, 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 & special concurrent meeting at 5:07 p.m.

Council Members present: Jeannette, Jones, Ramos, and Mayor Reyes.

Council Members Absent: Council Member Evans
Invocation: Council Member Jeannette.

Flag Salute: Council Member Ramos.

None.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented with the concurrent meeting items.

Roll Call Vote:

Council Member Evans: Absent
Council Member Jeannette: Yes
Council Member Jones : Yes
Council Member Ramos: Yes
Mayor Reyes: Yes
Motion carried 4-1 (Jeannette, Jones, Ramos and Mayor Reyes voting yes, Council Members Evans Absent).

A. CALL TO ORDER – REGULAR MEETING
B. DELETIONS / ADDITIONS TO AGENDA
C. APPROVAL OF AGENDA
25 City Council Minutes
Regular Meeting
June 23, 2021
2 1. CONFERENCE WITH LABOR NEGOTIATORS – PURSUANT TO GOVERNMENT CODE § 54957.6.

City Designated Representatives: Jessie Flores, City Manager Angel Castellanos, Principal Accountant
Jeanette Jauregui, Senior Human Resources/Risk Analyst

Employee Organization: Teamsters Local 911 (General Employees)

2. CONFERENCE WITH LABOR NEGOTIATORS- PURSUANT TO GOVERNMENT CODE § 54957.6.

3. CONFERENCE WITH LABOR NEGOTIATORS- PURSUANT TO GOVERNMENT CODE § 54957.6.

4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE § 54956.9 Subparts (a), (d)(2) and (e)(3).Two cases City Attorney announced closed session items and stated item No.4 has only one case.

D. ANNOUNCEMENT OF CLOSED SESSION ITEMS
26 City Council Minutes
Regular Meeting
June 23, 2021
3 Diana – Stated that she has researched throughout the State and feels like there needs to be more transparency in regards to closed session items. Other cities put more information. She also wants the peoples voice heard and wants everything to be equal. She also spoke about all City Employees and Council needing to take and Oath to work for the City, Mayor Reyes called to convene into closed session at 5:12 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to convene into closed session.

Roll Call Vote:

Council Member Evans: Yes
Council Member Jeannette: Yes
Council Member Jones: Yes
Council Member Ramos: Yes
Mayor Reyes: Yes
Motion carried 4-1-0 (Jeannette, Ramos Jones and Mayor Reyes voting yes, Evans noted as absent).

Council Member Evans joined closed session at 5:20 p.m.

Council reconvened from closed session.

Mayor Reyes called to order the regular meeting at 7:07 p.m.

Council Members present: Council Members Evans, Jeannette, Jones, Ramos, and Mayor Reyes.

Invocation: Council Member Jeannette.

Flag Salute: Council Member Ramos.

E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
F. CONVENE INTO CLOSED SESSION
G. RECONVENE FROM CLOSED SESSION
H. CALL TO ORDER - REGULAR MEETING
27 City Council Minutes
Regular Meeting
June 23, 2021
4 City Attorney noted that for item #4 it is one case not two cases and there was no reportable action taken.

None.

City Manager Flores spoke about a solar project that is coming to the city in the future. He spoke about other projects and that meetings will resume in person with limited capacity beginning the next meeting.

Council Member Evans spoke about Another Level for Women Item and her air quality control meeting.

Council Member Jeannette spoke about the meetings she attended and spoke about how to recognize sex trafficking.

Council Member Jones shared he is happy to be here.

Council Member Ramos welcomed Council Member Jones.

Mayor Reyes spoke about the water project R3 and future developers.

None.

Mayor Reyes opened public comments at 7:23 p.m.

Miguel spoke about the successful cleanup. He spoke about using the Zoom platform for the meetings.

I. CLOSED SESSION REPORT
J. DELETIONS / ADDITIONS TO AGENDA
K. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
L. CITY COUNCIL ANNOUNCEMENT AND REPORTS
M. PRESENTATIONS
N. PUBLIC COMMUNICATIONS
28 City Council Minutes
Regular Meeting
June 23, 2021
5 Diana spoke about the grant money that the City received and wanted a full account of where the money went.

Mayor Reyes closed Public Comments at 7:33 p.m.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented with item #3 being pulled by citizen for discussion.

2. Consideration of Resolution No. 21-30 to continue the Budget for the Fiscal Year Commencing July 1, 2020 and ending June 30, 2021.

RESOLUTION NO. 21-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO,

CALIFORNIA, ADOPTING A RESOLUTION TO CONTINUE

THE BUDGET FOR THE FISCAL YEAR COMMENCING JULY
1, 2020 AND ENDING JUNE 30, 2021

3. Receive and File Cannabis Compliance Report.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Council Members Evans, Jeannette, Jones Ramos and Mayor Reyes voting yes).

O. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
29 City Council Minutes
Regular Meeting
June 23, 2021
6 MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented with item #3 pulled for discussion by a citizen.

2. Consideration of Resolution No. 21-03 to continue the Budget for the APUA Fiscal Year commencing July 1, 2020 and ending June 30, 2021.

RESOLUTION NO. 21-03

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

ADELANTO PUBLIC UTILITY AUTHORITY ADOPTING A

RESOLUTION TO CONTINUE THE BUDGET FOR THE APUA
FISCAL YEAR COMMENCING JULY 1, 2020 AND ENDING
JUNE 30, 2021

3. Approval of Water Department Report. REMOVED FOR DISCUSSION

4. Approval of Sewer Department Report
Roll Call Vote:

Council Member Evans: Yes
Council Member Jeannette: Yes
Council Member Jones: Yes
Council Member Ramos: Yes
Mayor Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Ramos, Jones and Mayor Reyes voting yes).

P. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
30 City Council Minutes
Regular Meeting
June 23, 2021
7 MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

MOTION: Moved by Mayor Reyes, seconded by Council Member Ramos to approve the consent calendar as presented.

1. Motion waiving the full reading of all ordinances and resolutions. Titles for ordinances and resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

2. CONSIDERATION OF RESOLUTION NO. 21-03 TO CONTINUE THE BUDGET FOR THE SUCCESSOR AGENCY FISCAL YEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021.

RESOLUTION NO. 21-03

A RESOLUTION OF THE BOARD OF DIRECTORS FOR THE

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

OF THE CITY OF ADELANTO ADOPTING A RESOLUTION

TO CONTINUE THE SUCCESSOR AGENCY BUDGET FOR
THE FISCAL YEAR COMMENCING JULY 1, 2020 AND
ENDING JUNE 30, 2021
Roll Call Vote:

Board Member Evans: Yes
Board Member Jeannette: Yes
Board Member Jones: Yes
Board Member Ramos: Yes
Chairman Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Ramos, Jones and Mayor Reyes voting yes).

Q. CONSENT CALENDAR - SUCCESSOR AGENCY
31 City Council Minutes
Regular Meeting
June 23, 2021
8 1. APPROVE RESOLUTION 21-29 ORDERING THE LEVY AND COLLECTION OF ANNUAL CFD 2006-2 SPECIAL TAXES FOR FISCAL YEAR 2021-2022. (FINANCE) RECOMMENDATION. Approve Resolution No. 21-29 ordering the levy and collection of annual CFD 2006-2 special taxes for Fiscal Year 2021-2022 (FY21/22).

RESOLUTION NO. 21-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, CALIFORNIA, ORDERING THE LEVY AND

COLLECTION OF ANNUAL SPECIAL TAXES RELATED TO THE

CITY OF ADELANTO COMMUNITY FACILITIES DISTRICT (CFD)
2006-2 (IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA
NO. 2) (MANZANITA AND ESPINOZA) FOR FISCAL YEAR 2021-
2022.

Senior Accountant Despain presented the staff report.

Mayor Reyes opened public comment at 7:38 p.m.

Mayor Reyes closed public comment at 7:39 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Ramos to approve Resolution No. 21-29 ordering the levy and collection of annual CFD 2006-2 special taxes for Fiscal Year 2021-2022 (FY21/22).

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Ramos, Jones and Mayor Reyes voting yes).

2. RECOMMEND APPROVAL OF ENCROACHMENT PERMIT AGREEMENT AND COMMUNITY BENEFIT AGREEMENT WITH AES CORPORATION. (BRIAN) RECOMMENDATION: Staff recommends City Council approve the Encroachment Permit Agreement and Baldy Mesa Community Benefits Agreement between the City of Adelanto and AES Corporation and authorize the City Manager to execute all stated agreements.

R. NEW BUSINESS
32 City Council Minutes
Regular Meeting
June 23, 2021
9 City Engineer Wolfe presented the staff report.

City Attorney read some information into the meeting.

Mayor Reyes explained he has no interest in this project and wanted to make it clear.

Mayor Reyes opened public comment at 7:47 p.m.

Diana asked about the dollar amount and stated she did not think the Stem program would work.

Miguel wanted to know if church received $10,000. Stated that the STEM program is awesome.

Magda said it was a conflict of interest.

Mayor Reyes closed public comment.

Council Member Evans shared that this is just a business trying to give back to the community.

Mayor Pro Tem Ramos thanked AES for the contribution to the community and thanked the Mayor for the transparency.

Mayor Reyes shared during the pandemic the company contributed to a church who serves 560 families for Easter.

MOTION: Moved by Council Member Jeannette seconded by Council Member Ramos to approve the Encroachment Permit Agreement and Baldy Mesa Community Benefits Agreement between the City of Adelanto and AES Corporation and authorize the City Manager to execute all stated agreements.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Ramos: Yes
Jones: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Ramos, Jones and Mayor Reyes voting yes). 33 City Council Minutes
Regular Meeting
June 23, 2021
10 3. SELECTION OF THE MAYOR PRO TEM. (CITY MANAGER)
RECOMMENDATION: Per the City Charter Article VI, Section 601(c) the City Council shall choose one of its members as Mayor Pro Tempore.

Mayor Reyes nominated Daniel Ramos for the position of Mayor Pro Tem.

Council Member Ramos thanked the Mayor for the nomination.

Mayor Reyes opened public comments at 8:04 p.m.

Magda stated that she doesn't understand why a female is not given the opportunity. She shared that Evans has done a lot for the City.
909-54 thanked Ramos for his service. He asked if Joy Jeannette has ever been Mayor Pro Tem.

Diana is an advocate for Joy Jeannette. Shared she puts in all the work and answers calls.

Citizen felt that Evans should be nominated.

Mayor Reyes closed public comments.

Council Member Evans shared that historically it is the Mayors decision. She would support the nomination for Council Member Jeannette. She also would fully support.

Council Member Jeanette supports Mayors decision.

Council Member Jones shared he also supports the Mayors decision.

Ramos shared he humbly accepts it and thanked the citizens for the comments.

Mayor Reyes stated that Council Member Jeannette is already a phenomenal leader. Several times they have not agreed and she has a tremendous work ethic.

MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to nominate Daniel Ramos for the position of Mayor Pro Tem.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Ramos: Yes
Jones: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Ramos, Jones and Mayor Reyes voting yes). 34 City Council Minutes
Regular Meeting
June 23, 2021
11 4. RESOLUTION NO. 21-31: NOMINATION AND APPOINTMENT BY COUNCILOR JONES TO THE PLANNING COMMISSION.

RECOMMENDATION: Approval of Councilor Jones’s appointment to the Planning Commission.

RESOLUTION NO. 21-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

PROVIDING FOR AN APPOINTMENT TO THE PLANNING

COMMISSION
Council Member Jones nominated Chris Waggener to the Planning Commission.

Mayor Reyes opened public comment
Chris Waggener gave his background in the City.

Diana spoke about not having an application process for the position.

Magda spoke in favor for Chris Waggener.

Mayor Reyes closed public comment.

Council Member Evans shared her concern with the appointment and stated that she doesn't feel she can support this appointment.

Council Member Jeannette shared that Chris Waggener is very knowledgeable about the City.

Mayor Pro Tem Ramos shared he just doesn't want history to repeat itself. He asked Chris Waggener what he has learned from his previous term.

Chris Waggener shared he learned a lot and he would be more forward going.

Mayor Reyes spoke about Waggener's previous terms
MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to appoint Chris Waggener to the Planning Commission.

Roll Call Vote:

Evans: No
Jeannette: Yes
Ramos: Yes
Jones: Yes
Reyes: Yes
35 City Council Minutes
Regular Meeting
June 23, 2021
12 Motion carried 4-1 ( Council Members Jeannette, Jones Mayor Pro Tem Ramos, Mayor Reyes voting yes Council Member Evans voting No).

5. ORAL REPORT: COUNCIL MEMBER REPRESENTATION ON VARIOUS BOARDS, COMMITTEES, AND COMMISSIONS FOR 2021. (CITY CLERK)
RECOMMENDATION: Staff recommends that the City Council designate a delegate and alternate to the committees.

City Clerk Lopez listed the openings:

San Bernardino County Transit Authority:

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to have Mayor Pro Tem Ramos be the delegate and Mayor Reyes be the alternate for the San Bernardino Transit Authority.

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).

City Select Committee:

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to keep it what it currently is.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). 36 City Council Minutes
Regular Meeting
June 23, 2021
13 San Bernardino County Transit Authority - Victorville MOTION: Moved by Council Member Jeannette, seconded by Mayor Pro Tem Ramos to have Mayor Reyes as the delegate and Mayor Pro Tem Ramos as the alternate.

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).

Adelanto Community Resource Center
MOTION: Moved by Council Member Jeannette, seconded by Mayor Pro Tem Ramos to have Mayor Reyes as the delegate and Mayor Pro Tem Ramos as the alternate.

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).

San Bernardino County Waste Division
MOTION: Moved by Council Member Jeannette, seconded by Council Member Evans to have Council Member Jeannette as the delegate and Mayor Pro Tem Ramos as the alternate.

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). 37 City Council Minutes
Regular Meeting
June 23, 2021
14 Mojave Desert Air Quality Management Board
MOTION: Moved by Council Member Jeannette, seconded by Mayor Reyes to have Council Member Evans as the delegate and Council Member Jones as the alternate.

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).

High Desert Corridor Joint Powers Association
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to have Mayor Reyes as the delegate and Mayor Pro Tem Ramos as the alternate.

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).

Mojave Desert and Integrated Joint Powers Authority
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeanette to have Council Member Jeannette as the delegate and Mayor Pro Tem Ramos as the alternate.

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). 38 City Council Minutes
Regular Meeting
June 23, 2021
15 Victor Valley Economic Authority
MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to have Council Member Jeannette as the delegate and Mayor Pro Tem Ramos as the alternate.

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).

The cannabis compliance report was removed from the consent calendar.

Claude Crumley requested staff go through the steps for the oversight.

Jamie Lewis of Anese and Associates provided information regarding the item.

Mayor thanked staff for their amazing job they have been doing with cannabis compliance.

Council Member Evans also thanked the staff. She asked Jamie if she would consider sitting on a committee to help correspond with the citizens.

Council Member Jeannette thanked staff.

Mayor Pro Tem Ramos thanked staff.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the item 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).

S. ITEMS REMOVED FROM THE CONSENT CALENDAR
39 City Council Minutes
Regular Meeting
June 23, 2021
16 The Water Department report was pulled from the consent calendar.

Diana stated there are water tankers are in the community and citizens are concerned on what's going on. She asked if the water tankers using the fire hydrants to fill up if there are permits that they are required to get.

Magda spoke about the photos as well and asked for clarification if they are getting free water.

Dan Best of PERC Water provided information regarding the item.

Council Member Evans shared she is happy that there has been research on this item to provide clarification on the item.

Council Member Jeannette spoke about the numerous water trucks she has seen with no license plates on the trucks.

Mayor Reyes thanked staff.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the water department report 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).

Council Member Evans asked that at the next meeting to discuss and take action on approving the sponsorship for Another Level of Women for their city day in Adelanto.

MOTION: Moved by Council Member Jeannette, seconded by Council Member Evans to sponsor Another Level of Women for their City Day in Adelanto.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
T. FUTURE AGENDA ITEMS
40 City Council Minutes
Regular Meeting
June 23, 2021
17 Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Council Member Evans spoke about cannabis stimulus money that has been available. She asked for a workshop to see how they are going to distribute that money.

MOTION: Moved by Council Member Evans, seconded by Mayor Pro Tem Ramos to have staff set up a workshop regarding the cannabis stimulus money in the next two weeks.

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).

Council Member Evans requested approval to formulate a Cannabis Committee.

MOTION: Moved by Council Member Evans, seconded by Mayor Reyes to bring discussion and action to the next meeting to approve and formulate a cannabis committee.

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). 41 City Council Minutes
Regular Meeting
June 23, 2021
18 Mayor Reyes requested information on the water hydrant misuse. He also requested an update on the parks that the City is working on.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the information request on the water hydrant misuse and update on parks that the city is working on.

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).

None.

The next Regular Meeting of the City Council will be held on July 14, 2021, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 10:08 p.m.

MOTION: Moved by Council Member Jones, seconded by Mayor Pro Tem Ramos to adjourn the meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Ramos: Yes
Jones: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Ramos, Jones and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
U. PUBLIC COMMENTS
V. ADJOURNMENT
42 1

MINUTES OF THE

REGULAR MEETING AND CONCURRENT SPECIAL

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
July 14, 2021
The Adelanto City Council held the Regular Meeting on Wednesday, July 14, 2021, 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 & special concurrent meeting at 5:07 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes.

None.

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE § 54956.9 Subparts (a), (d)(2) and (e)(3) Two cases

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE § 54956.8:

Property: Assessor Parcel No. 3129-261-14, 3129-261-69 and 3129-261-70 City Negotiator: City Manager
Negotiating Party: AWP, LLC
Under Negotiation: Lease Agreement - Price and terms of payment A. CALL TO ORDER – REGULAR MEETING
B. DELETIONS / ADDITIONS TO AGENDA
C. APPROVAL OF AGENDA
D. ANNOUNCEMENT OF CLOSED SESSION ITEMS
43 City Council Minutes
Regular Meeting & Concurrent Special Meeting
July 14, 2021
2 Special Concurrent closed items included:

1. PERSONNEL MATTERS PURSUANT TO GOVERNMENT CODE SECTION 54957 Public Employee Discipline / Dismissal / Release

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE § 54956.9 Subparts (a), (d)(2) and (e)(3) regarding case #19- 23649 involving Purdue Pharmacy.

City Attorney announced closed session items.

None.

Mayor Reyes called to convene into closed session at 5:32 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to convene into closed session.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes called to order the regular meeting at 7:07 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes.

Invocation: Council Member Jeannette.

Flag Salute: Mayor Pro Tem Ramos.

None.

E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
F. CONVENE INTO CLOSED SESSION
G. CALL TO ORDER - REGULAR MEETING
H. DELETIONS / ADDITIONS TO AGENDA
44 City Council Minutes
Regular Meeting & Concurrent Special Meeting
July 14, 2021
3 They City Attorney stated that council discussed the items, but there is no reportable action.

City Manager Flores welcomed the new city employees. He spoke about future cleanups within the city.

Council Member Evans thanked those that helped with the fireworks stands.

Council Member Jeannette spoke about the meetings she attended. She spoke about the VVTA office moving locations and announced the open house. She spoke about the need for the code enforcement position to not be a shared position.

Council Member Jones shared he is happy to be here and is excited to see people's faces in person.

Mayor Pro Tem Ramos thanked Travis Hart for his time he donated hosting a strength and conditioning class.

Mayor Reyes spoke about meetings he attended. He spoke about the Kushstock Event. He shared that the stadium is booked for several weekends.

Presentation by Pitzer College-Environmental Impact Study Mayor Reyes opened public comments at 8:05 p.m.

Diana spoke about animal control problems within the city. She said the City Manager should be held accountable.

Ann Taylor spoke about animal controls response time. She spoke about potholes in the area of Bellflower and Mojave. She also requested an update for the plaza at 395 and Mojave.

G. CLOSED SESSION REPORT
I. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
J. CITY COUNCIL ANNOUNCEMENT AND REPORTS
K. PRESENTATIONS
L. PUBLIC COMMUNICATIONS
45 City Council Minutes
Regular Meeting & Concurrent Special Meeting
July 14, 2021
4 Claude spoke about February 10, 2021 Taisha Brown applicant and history with the City. He requested she resign from the Planning Commission.

Andrea shared she is a concerned resident about Taisha Brown and the cannabis industry.

Mayor Reyes closed public comment at 8:17 p.m.

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 with item #4 and #5 being pulled by Jeannette for discussion.

2. Adopt Resolution of Project List for Fiscal Year 2021-22 Funded by SB-1: Road Repair and Accountability Act of 2017.

RESOLUTION NO. 21-35

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL
YEAR 2021-22 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017

3. Adoption of Resolution No. 21-31 Officially Declaring Juneteenth a City Holiday and adding it to City Designated Holiday List for Closure as a Paid Holiday RESOLUTION NO. 21-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, TO

RECOGNIZE JUNETEENTH NATIONAL INDEPENDENCE DAY AS

A NATIONAL AND CITY HOLIDAY
M. CONSENT CALENDAR
46 City Council Minutes
Regular Meeting & Concurrent Special Meeting
July 14, 2021
5 4. Adoption of Resolution No. 21-32 – Approving and Adopting the Salaries and Benefits for the City’s Management Employee Group. PULLED FOR DISCUSSION RESOLUTION NO. 21-32

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ADELANTO ESTABLISHING THE

SALARIES AND BENEFITS FOR THE

MANAGEMENT EMPLOYEES OF THE CITY

5. Adoption of Resolution No. 21-33 – Approving and Adopting the Salaries and Benefits for the City’s Confidential/Professional Employee Group. PULLED FOR DISCUSSION RESOLUTION NO. 21-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO ESTABLISHING THE SALARIES AND BENEFITS

FOR THE CONFIDENTIAL/PROFESSIONAL EMPLOYEES OF

THE CITY

6. Adoption of Resolution No. 21-34 – Approving and Adopting a Memorandum of Understanding with California Teamsters Local 911, representing the Adelanto General Employees Unit.

RESOLUTION NO. 21-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING

AND ADOPTING A MEMORANDUM OF UNDERSTANDING WITH CALIFORNIA TEAMSTERS LOCAL 911, REPRESENTING THE ADELANTO GENERAL

EMPLOYEES UNIT
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). 47 City Council Minutes
Regular Meeting & Concurrent Special Meeting
July 14, 2021
6 1. OPEN A PUBLIC HEARING AND ADOPT RESOLUTION 21-04 PROVIDING FOR THE

COLLECTION OF WATER AND SEWER STANDBY FEES BY THE COUNTY TAX

COLLECTOR AT THE SAME TIME AS AND TOGETHER WITH THE GENERAL TAXES OF THE CITY. (FINANCE)
RECOMMENDATION: Open a Public Hearing and adopt Resolution No. 21-04 approving the report and placing Water and Sewer Standby Fees on the tax roll for collection by the County for Fiscal Year 2021-2022
RESOLUTION NO. 21-04

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

ADELANTO PUBLIC UTILITY AUTHORITY, PROVIDING FOR THE

COLLECTION OF WATER AND SEWER STANDBY FEES BY THE

COUNTY TAX COLLECTOR AT THE SAME TIME AS AND
TOGETHER WITH THE GENERAL TAXES OF THE CITY.

Senior Accountant Despain presented the staff report.

Mayor Reyes opened public comment at 8:19 p.m.

Diana spoke about if the funds were going towards paying the $77 million-dollar bond for APUA.

Mayor Reyes closed public comment at 8:21 p.m.

Council Member Evans suggested a workshop to answer those questions that Diana has since it seems to be a question that comes up often.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to open a Public Hearing and adopt Resolution No. 21-04 approving the report and placing Water and Sewer Standby Fees on the tax roll for collection by the County for Fiscal Year 2021-2022.

Motion carried 5-0 (Evans, Jeannette, Ramos, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

1. APPROVAL OF FINAL TRACT MAP 20352.

City Engineer Wolfe presented the staff report.

Discussion ensued regarding the property.

N. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
O. NEW BUSINESS
48 City Council Minutes
Regular Meeting & Concurrent Special Meeting
July 14, 2021
7 Mayor Reyes opened public comment at 8:28 p.m.

Mayor Reyes closed public comment at 8:30 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the final Tract Map 20352.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. APPROVE CONTRACT AMENDMENT FOR INFORMATION TECHNOLOGY SERVICES

WITH LAN WAN TO PERFOM NECESSARY SECURITY UPGRADES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT. (FINANCE)
RECOMMENDATION: Staff recommends that Council approve a contract amendment to perform needed security upgrades with LAN WAN Enterprises.

Senior Accountant Despain presented the staff report.

A representative from Lan Wan provided additional information and a presentation.

Mayor Pro Tem Ramos spoke about the need for security.

Mayor Reyes spoke about an idea he had for citizens to be able to send info directly to Council via teams or some other platform.

Mayor Reyes opened public comment at 9:15 p.m.

Diana asked questions regarding the upgrades.

Mayor Reyes closed public comment at 9:19 p.m.

Council Member Evans spoke about how much she trusts the company but the amount of money is a large amount given current times.

Council Member Jeannette spoke about the company having her confidence.

Council Member Jones thanked them for the presentation.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to approve a contract amendment to perform needed security upgrades with LAN WAN Enterprises.

Motion carried 5-0 (Evans, Jeannette, Ramos, Jones and Mayor Reyes voting yes).

3. DISCUSSION AND/OR DIRECTION – ANOTHER LEVEL FOR WOMEN COMMUNITY DAY SPONSORSHIP. (COUNCIL MEMBER EVANS)
49 City Council Minutes
Regular Meeting & Concurrent Special Meeting
July 14, 2021
8 RECOMMENDATION: Staff to be provided with direction and feedback.

Council Member Evans presented the staff report.

Mayor Reyes opened public comment at 9:22 p.m.

Diana spoke in favor of non-profits. She spoke about the need to have the non-profits work under parks and recreation.

Mayor Reyes closed public comment at 9:25 p.m.

4. DISCUSSION AND/OR DIRECTION CANNABIS STIMULUS MONEY WORKSHOP. (COUNCIL MEMBER EVANS)
RECOMMENDATION: Staff to be provided with direction and feedback.

Council Member Evans asked about what the money is being used for.

City Manager Flores explained there was an article published regarding this item and they have looked into it but the City has not received any guidance or instruction on the amount and what the money can be used for.

Planning Manager Martinez also provided some information regarding the item.

Further discussion ensued regarding what the requirements are to receive the money and what the money can be used for.

Mayor Reyes opened public comment 9:43 p.m.

Diana spoke about the new DCC and the information that she has shared with Council. She spoke about the social equity ordinances.

Mayor Reyes closed public comment at 9:46 p.m.

Discussion ensued regarding provisional and permanent licenses. Planning Manager Dave provided additional information.

5. DISCUSSION AND/OR DIRECTION – APPROVE AND FORM A CANNABIS COMMITTEE. (COUNCIL MEMBER EVANS)
RECOMMENDATION: Staff to be provided with direction and feedback.

Council Member Evans spoke about the need for the committee.

Mayor Reyes had questions if other cities are doing this as well. 50 City Council Minutes
Regular Meeting & Concurrent Special Meeting
July 14, 2021
9 Mayor Reyes opened public comment at 10:00 p.m.

Diana spoke about other cities that do this.
760-32 agrees with Council Member Evans and the need for a committee that is organized efficiently.

Mayor Reyes closed public comment at 10:07 p.m.

Further discussion ensued regarding the item.

Council agreed that the city would wait to see what the State does and will follow the States lead.

6. DISCUSSION – MODIFCATIONS ON WATER HYDRANTS. (DAN/CHIEF

CORBIN)
RECOMMENDATION: Staff to be provided with direction and feedback.

Fire Chief Corbin provided staff report.

Mayor Reyes opened public comment at 10:34 p.m.

Diana talked about going to the water board about the hydrants.

Citizen spoke about the trucks taking water out of the hydrants and she feels they are stealing water.

Magda stated that she calls in but no one comes out and she thinks there is a need for video cameras.

Mayor Reyes closed public comment at 10:41 p.m.

Further discussion ensued regarding the item.

7. DISCUSSION– UPDATE ON PARK PROJECTS IN THE CITY.( DAVE) RECOMMENDATION: Council to be provided with an update.

Community Development Director Martinez presented the staff report.

Discussion ensued regarding the plans for the parks.

Mayor Reyes opened public comment at 10:49 p.m.
51 City Council Minutes
Regular Meeting & Concurrent Special Meeting
July 14, 2021
10 Diana thanked staff for all the work. She asked that the city open the parks at night.

Mayor Reyes closed public comment at 10:51 p.m.

4. Adoption of Resolution No. 21-32 – Approving and Adopting the Salaries and Benefits for the City’s Management Employee Group.

RESOLUTION NO. 21-32

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ADELANTO ESTABLISHING THE

SALARIES AND BENEFITS FOR THE

MANAGEMENT EMPLOYEES OF THE CITY

5. Adoption of Resolution No. 21-33 – Approving and Adopting the Salaries and Benefits for the City’s Confidential/Professional Employee Group.

RESOLUTION NO. 21-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO ESTABLISHING THE SALARIES AND BENEFITS

FOR THE CONFIDENTIAL/PROFESSIONAL EMPLOYEES OF

THE CITY
Items were removed from the consent calendar by Council member Jeannette.

Discussion ensued regarding changes to the agreements.

MOTION: Moved by Mayor Reyes, second by Mayor Pro Tem Ramos to approve items #4 and #5.

Motion carried 4-1 (Evans, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Jeannette voting no).

Council Member Jeannette requested that staff prepare an ordinance to increase council compensation.

Council Member Evans requesting a presentation by the Boring Company and Lewis Group.

P. ITEMS REMOVED FROM THE CONSENT CALENDAR
Q. FUTURE AGENDA ITEMS
52 City Council Minutes
Regular Meeting & Concurrent Special Meeting
July 14, 2021
11 The next Regular Meeting of the City Council will be held on July 28, 2021, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 11:23 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to adjourn the meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Ramos: Yes
Jones: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
R. PUBLIC COMMUNICATIONS
S. ADJOURNMENT
53 1

MINUTES OF THE

REGULAR MEETING AND CONCURRENT SPECIAL

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
July 28, 2021
The Adelanto City Council held the Regular Meeting on Wednesday, July 28, 2021, 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 & special concurrent meeting at 7:00 p.m.

Council Members present: Evans, Jeannette, Jones, and Mayor Reyes.

Absent: Mayor Pro Tem Ramos.

Invocation: Council Member Jeannette.

Flag Salute: Council Member Jones.

None.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda.

Motion carried 4-1-0 (Evans, Jeannette, Jones, and Mayor Reyes voting yes, Mayor Pro Tem Ramos noted as absent).

Mayor Pro Tem Ramos arrived at 7:05 p.m.

City Manager Flores reminded those that are recording on personal devices to make sure they are not distracting the audience or council members while doing so.

A. CALL TO ORDER – REGULAR MEETING
B. DELETIONS / ADDITIONS TO AGENDA
C. APPROVAL OF AGENDA
D. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
54 City Council Minutes
Regular Meeting
July 28, 2021
2 Council Member Evans about how she is saddened about the Planning Commissioner who has resigned for being bullied.

Council Member Jeannette gave several announcements regarding meetings and events. She announced the Harvest Food Share on July 23rd served over 1500 citizens.

Council Member Jones – None
Mayor Pro Tem Ramos - None
Mayor Reyes spoke about the 5th annual community day. He spoke about several events at the stadium. He gave a shout out to the police department for their assistance.

None.

Mayor Reyes opened public comment at 7:13 p.m.

Logan thanked the city for the modifications to the area. 760-832 spoke about the cannabis committee and the community. 760-626-326 Castle Amusement would love to come up. They shared that the city would receive 30% of the profit. They shared they were upset to hear about Mrs. Brown.

Diana spoke about animal control issues and no one answering the phones. She also spoke about the Lan Wan contract.

Magda also spoke about Castle Amusement.

Mayor Reyes closed public comment.

E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
F. PRESENTATIONS
G. PUBLIC COMMUNICATIONS
55 City Council Minutes
Regular Meeting
July 28, 2021
3 MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented with item warrant #145533, 145386, and 145101 pulled for discussion by Evans.

2. Approval of Commercial and Residential Recycling Department Monthly Report.

3. Approval of 2nd Quarter Commercial and Residential Recycling Department Report.

4. Receive and File Business License Department Report.

5. Receive and File Cannabis Compliance Department Report.

6. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 21/22-01-02- 145345 through 145579in the total amount of $2,700,884.30. PULLED FOR DISCUSSION
b. Approval of City of Adelanto EFT Warrant 21/22-01-02 1430 through 1435 in the total amount of $2,329.84.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

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.

2. Approval of Water Department Report.

3. Approval of Sewer Department Report.

H. CONSENT CALENDAR
I. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
56 City Council Minutes
Regular Meeting
July 28, 2021
4 Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

1. APPROVE RESOLUTION 21-36 AND AUTHORIZE CITY MANAGER SIGN VACANT LAND LEASE AGREEMENT WITH AWP, LLC FOR 17.32 ACRES OF UNIMPROVED VACANT LAND

LOCATED EAST OF KOALA ROAD, SOUTH OF CASSIA ROAD, AND NORTH OF COMMERCE WAY. (ANGEL/ATTORNEY)
RECOMMENDATION: Staff recommends City Council approve Resolution 21-36 and authorize City Manager execute agreement with AWP, LLC (“AWP”) for the lease of vacant land located at the southern 17.32 acres of a 22.32 acres lot located East of Koala Rd, South of Cassia Rd, and North of Commerce Wy.

RESOLUTION NO. 21-36

A RESOLUTION OF THE CITY OF ADELANTO APPROVINNG LEASE OF CITY

PROPERTY TO AWP, LLC FOR THE PURPOSE OF CREATION AND OPERATION

OF A SOLAR ELECTRICAL GENERATION UTILITY
Finance Director presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 7:42 p.m.

Diana asked if this was related to the solar farm that is already in the works.

Magda shared she would rather have solar and that 30 years is way too long. 760-32 spoke about the Mayors church and that it's a conflict of interest.

Mayor Reyes closed public comment at 7:48 p.m.

Further discussion ensued among council and the applicant.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to approve Resolution 21-36 and authorize City Manager execute agreement with AWP, LLC (“AWP”) for the lease of vacant land located at the southern 17.32 acres of a 22.32 acres lot located East of Koala Rd, South of Cassia Rd, and North of Commerce Wy.

Motion carried 4-1 (Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no).

J. NEW BUSINESS
57 City Council Minutes
Regular Meeting
July 28, 2021
5 2. ACCEPT LOT LINE ADJUSTMENTS AT CITY-OWNED PROPERTIES. (BRIAN) RECOMMENDATION: Staff recommends City Council accept Lot Line Adjustment (LLA)between two city-owned properties and authorize the City Manager to sign the Acceptance Certificate on behalf of City Council.

City Engineer Wolfe presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 8:03 p.m.

Diana shared she thought something similar had happened with the Sheriff's Department's building also in the 90's.
26 - thanked council for clarifying the claims made during the previous comment on the other item.

Magda stated that they should focus on sidewalks. She said as long as it's not going to hurt the environment.

Mayor Reyes closed public comment at 8:11 p.m.

Further discussion ensued regarding the item.

MOTION: Moved by Council Member Jones, seconded by Mayor Pro Tem Ramos to accept Lot Line Adjustment (LLA)between two city-owned properties and authorize the City Manager to sign the Acceptance Certificate on behalf of City Council.

Motion carried 3-1-1 (Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no and Jeannette abstained).

3. APPROVE THE DISSOLUTION AGREEMENT OF IMPROVEMENT AREA 1, ZONE A, SPECIAL TAX FOR FACILITIES. (BRIAN)
RECOMMENDATION: Staff recommends City Council dissolve the Special Tax for Facilities with respect to Zone A of Improvement Area No. 1 and authorize the Mayor to sign the Agreement on behalf of City Council.

City Engineer Wolfe presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 8:22 p.m.
58 City Council Minutes
Regular Meeting
July 28, 2021
6 Diana spoke about thinking outside of the box. She spoke about having the developer put in a park for the community.

Mayor Reyes closed public comment at 8:24 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to dissolve the Special Tax for Facilities with respect to Zone A of Improvement Area No. 1 and authorize the Mayor to sign the Agreement on behalf of City Council.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

4. DISCUSSION ITEM CITY COUNCIL STIPEND. (CITY ATTORNEY) RECOMMENDATION: City Council to discuss and provide staff with direction.

City Attorney Pilchen presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 8:38 p.m.

Diana spoke about the need to agendize it. She said they need to think outside the box. 32 - Spoke in support of Council. He shared that they have been putting in a lot of work.

Magda said she is in support of a raise for Council.

Mayor Reyes closed public comment at 8:50 p.m.

Further discussion ensued.

No action was taken.

5. LEAGUE OF CALIFORNIA ANNUAL CONFERENCE APPOINTMENT OF DELEGATE AND ALTERNATE. (CITY CLERK)
RECOMMENDATION: That the City Council pick a Delegate and Alternate for the League of California Cities Annual Conference.

City Clerk Lopez presented the staff report.

Mayor Reyes opened public comment at 9:02 p.m.
59 City Council Minutes
Regular Meeting
July 28, 2021
7 442-64 asked for explanation on what a delegate and an alternate is.

Mayor Reyes closed public comment at 9:05 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeanette to approve the Mayor as the delegate and the Mayor Pro Tem as the alternate for the League of California Cities.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Warrant #145533, 145386, and 145101.

Council Member Evans had questions regarding the warrants. Senior Accountant Despain provided an explanation for each warrant.

MOTION: Moved by Council Member Evans, seconded by Mayor Reyes to approve warrant #145533, 145386, and 145101.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Council Member Evans would like to add an action item to have staff research and lower the number of homes for a developer to put in a park.

She also wanted to receive an update regarding the COVID-19 money received for utilities and rent assistance. She would like to see how much money was received, how many families were helped, and how much money is left if any.

She would like to add and action item to the October 13, 2021 meeting to a presentation regarding the Racism as a Public Health Crisis Committee report.

Mayor Reyes wants to look for options for a PIO. He wants to add to the agenda a list of approved or recommended representation that we the Council can attend and receive reimbursement for.

K. ITEMS REMOVED FROM THE CONSENT CALENDAR
L. FUTURE AGENDA ITEMS
60 City Council Minutes
Regular Meeting
July 28, 2021
8 Mayor Reyes opened public comments.

Margaret thanked those who helped capture the peacock.

Mayor Reyes closed public comment.

The next Regular Meeting of the City Council will be held on August 11, 2021, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 9:17 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to adjourn the meeting.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
M. PUBLIC COMMUNICATIONS
N. ADJOURNMENT
61 1

MINUTES OF THE

REGULAR MEETING AND CONCURRENT SPECIAL

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
August 11, 2021
The Adelanto City Council held the Regular Meeting on Wednesday, August 11, 2021, 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 at 6:01 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Jeannette.

Flag Salute: Mayor Pro Tem Ramos.

None.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented with removal of item #3.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE § 54956.9 Subparts (a), (d)(2) and (e)(3) One Case City Attorney announced closed session items.

A. CALL TO ORDER – REGULAR MEETING
B. DELETIONS / ADDITIONS TO AGENDA
C. APPROVAL OF AGENDA
D. ANNOUNCEMENT OF CLOSED SESSION ITEMS
62 City Council Minutes
Regular Meeting
August 11, 2021
2 None.

Council convened into closed session at 6:04 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to convene into closed session
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes called the regular meeting to order at 7:01 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Jeannette.

Flag Salute: Mayor Pro Tem Ramos.

City Attorney Pilchen advised there was no reportable action taken.

None.

Council Member Evans - None
Council Member Jeannette spoke about a meet and greet with Terry Delgado. She spoke about an Adelanto resident that was killed in a car accident in Hesperia. She attended meetings for the Council for the Blind. She spoke about the Harvest food share and the VVTA new hub on D street.

E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
F. CONVENE INTO CLOSED SESSION
G. CALL TO ORDER - REGULAR MEETING
H. CLOSED SESSION REPORT
I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
63 City Council Minutes
Regular Meeting
August 11, 2021
3 Council Member Jones recognized a speaker at the last meeting. He's glad to see kids back in school.

Mayor Pro Tem Ramos spoke about children being back in school and asked the public to drive safe.

Mayor Reyes asked citizens to be safe. He believes a child was hit today in an accident. He spoke about High Desert Keepers. He shared the new fire truck arrived and thanked Chris Waggener and the Fire Chief.

None.

Mayor Reyes opened public comment at 7:11 p.m.

Susan Garcia shared she has not received a bill since the pandemic started and that she needs a copy of her bill to show proof of residency and she was told she needed to pay $25.

A representative from the Jet Room announced there is a job fair at the Adelanto Stadium on September 15th. She provided her email for any questions [email protected] Faith shared she has lived in the high desert for 12 years. She shared that there is a need for Parks & Rec for the youth. She spoke about seeing an increase in homeless people in the city.

Diana spoke about the Victorville City Council meeting and that they had a presentation on leadership. She spoke about the discontinuation of Parks & Rec. She said the stadium is in despair.

She said she has been involved in other cities parks and recs and she wants to create art projects in the city.

Guadalupe shared she has been a resident for 17 years. She works for Heller Development managing properties. She spoke about having trouble getting in touch with Code Enforcement and how properties seem to be low priority.

Thomas spoke about prayers being a necessity He spoke about his concerns with dangers on 395.

Magda asked for prayers for Terry. She asked for Parks & Rec to come back. She announced there is a carnival coming to the city.

Mayor Reyes closed public comment at 7:34 p.m.

K. PRESENTATIONS
L. PUBLIC COMMUNICATIONS
64 City Council Minutes
Regular Meeting
August 11, 2021
4 MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented.

2. Approval of Meeting Minutes: September 9, 2020 – Regular Meeting November 10, 2020 – Special Meeting
December 9, 2020 – Special Meeting
December 9, 2020 – Regular Meeting
January 13, 2021 – Regular Meeting
January 27, 2021 – Regular Meeting
February 10, 2021 – Regular Meeting
February 24, 2021 – Regular Meeting
March 10, 2021 – Regular Meeting
March 24, 2021 – Regular Meeting

3. ADOPTION OF RESOLUTION NO. 21-37, NO. 21-38, NO. 21-39, AND NO. 21-40 – APPROVING CALPERS HEALTH AS THE CITY’S MEDICAL BENEFITS PROGRAM

FOR EMPLOYEES AND ELIGIBLE RETIREES UNDER THE MANAGEMENT GROUP, CONFIDENTIAL/PROFESSIONAL GROUP, CALIFORNIA TEAMSTERS LOCAL 911

GROUP, AND THE FORMER ADELANTO COMMUNITY CORRECTIONAL FACILITY

EMPLOYEES ASSOCIATION
RESOLUTION NO. 21-37
ELECTING TO BE SUBJECT TO THE PUBLIC EMPLOYEES’ MEDICAL

AND HOSPITAL CARE ACT AT AN UNEQUAL AMOUNT FOR

EMPLOYEES AND ANNUITANTS WITH RESPECT TO A RECOGNIZED
EMPLOYEE ORGANIZATION 001 MANAGEMENT GROUP
RESOLUTION NO. 21-38
ELECTING TO BE SUBJECT TO THE PUBLIC EMPLOYEES’ MEDICAL

AND HOSPITAL CARE ACT AT AN UNEQUAL AMOUNT FOR

EMPLOYEES AND ANNUITANTS WITH RESPECT TO A RECOGNIZED
EMPLOYEE ORGANIZATION 002 CONFIDENTIAL/PROFESSIONAL
GROUP
M. CONSENT CALENDAR
65 City Council Minutes
Regular Meeting
August 11, 2021
5 RESOLUTION NO. 21-39
ELECTING TO BE SUBJECT TO THE PUBLIC EMPLOYEES’ MEDICAL

AND HOSPITAL CARE ACT AT AN UNEQUAL AMOUNT FOR

EMPLOYEES AND ANNUITANTS WITH RESPECT TO A RECOGNIZED
EMPLOYEE ORGANIZATIO 003 CALIFORNIA TEAMSTERS LOCAL 911 RESOLUTION NO. 21-40
ELECTING TO BE SUBJECT TO THE PUBLIC EMPLOYEES’ MEDICAL

AND HOSPITAL CARE ACT AT AN UNEQUAL AMOUNT FOR

EMPLOYEES AND ANNUITANTS WITH RESPECT TO A RECOGNIZED
EMPLOYEE ORGANIZATION 004 THE ADELANTO COMMUNITY

CORRECTIONAL FACILITY EMPLOYEES ASSOCIATION
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

1. APPROVE RESOLUTION 21-41 SELECTING THE PUN GROUP AS AUDITORS FOR THE

CITY OF ADELANTO, APUA, SUCCESSOR AGENCY, APFA, AND ADELANTO

COMMUNITY BENEFIT CORPORATION AND AUTHORIZE THE CITY MANAGER TO SIGN THE ENGAGEMENT LETTERS WITH THE PUN GROUP. (FINANCE) RECOMMENDATION: Staff recommends that the City Council approve Resolution 21-41 selecting the PUN Group as auditors for the City of Adelanto, APUA, Successor Agency, APFA, and the Adelanto Community Benefit Corporation and authorize the City Manager to sign the Engagement Letter with the PUN Group.

Finance Director Castellanos presented the staff report.

Mayor Reyes opened public comment at 7:39 p.m.

Diana asked if TRS has fulfilled their contract. She spoke about language in the contract and has questions regarding the auditors.

Senior Accountant Despain stated that it is impossible for auditors to go through every line item.

Mayor Reyes closed public comment at 7:43 p.m.

N. NEW BUSINESS
66 City Council Minutes
Regular Meeting
August 11, 2021
6 MOTION: Moved by Mayor Reyes, seconded by Jones to approve Resolution 21-41 selecting the PUN Group as auditors for the City of Adelanto, APUA, Successor Agency, APFA, and the Adelanto Community Benefit Corporation and authorize the City Manager to sign the Engagement Letter with the PUN Group.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. CONSIDERATION OF RESOLUTION NO 21-42 AUTHORIZING APPROVAL AND

EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT BETWEEN THE CITY OF ADELANTO AND CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY. (FINANCE)
RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 21-42 and approve the Associate Member Agreement.

Finance Director Castellanos presented the staff report.

Mayor Reyes opened public comment at 7:49 p.m.

Diana asked what projects have been identified for these funds. She spoke about the APUA bonds and spoke about the money from COVID. She shared she has concerns regarding this item.

Mayor Reyes closed public comment at 7:54 p.m.

MOTION: Moved by Mayor Reyes, seconded by Ramos to adopt Resolution No. 21-42 and approve the Associate Member Agreement.

Motion carried 4-1 (Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no).

3. THE AMERICAN RESCUE PLAN FUNDS (ARPA) (FINANCE)
RECOMMENDATION: Approve the adoption of Resolution No. 21-43 for the application of the American Rescue Plan Act Funds (ARPA) to pay Police and Fire Contracts costs.

Finance Director Castellanos presented the staff report.

Mayor Reyes opened public comment at 8:00 p.m.

Diana spoke about grants. She spoke about the city and disaster council.

Magda stated it was a lot of money and she would like to see broadband.

Senior accountant Despain spoke about the need to use the fund for it to make the budget whole.

Mayor Reyes closed public comment at 8:06 p.m.
67 City Council Minutes
Regular Meeting
August 11, 2021
7 Further discussion ensued regarding the use of funds.

MOTION: Moved by Mayor Reyes, seconded by Ramos to adoption of Resolution No. 21-43 for the application of the American Rescue Plan Act Funds (ARPA) to pay Police and Fire Contracts costs.

Motion carried 4-1 (Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no).

None.

Mayor Reyes opened public comments at 8:10 p.m.

Mayor Reyes closed public comments at 8:10 p.m.

The next Regular Meeting of the City Council will be held on August 25, 2021, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 8:10 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to adjourn the meeting.

MINUTES OF THE

SPECIAL WORKSHOP MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
August 18, 2021
The Adelanto City Council held the Regular Meeting on Wednesday, August 18, 2021, in the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular at 10:05 a.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Jeannette.

Flag Salute: Mayor Pro Tem Ramos.

Due to new COVID cases in an abundance of caution the city will be going back to virtual meetings and will continue to monitor the CDC guidelines.

None.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes opened public comments.

Ken stated that all of the city council and city manager need to resign.

Diana questioned the agenda and spoke about the funds and sheriff.

A. CALL TO ORDER – SPECIAL WORKSHOP MEETING
B. DELETIONS / ADDITIONS TO AGENDA
C. APPROVAL OF AGENDA
D. PUBLIC COMMENTS
69 City Council Minutes
Special Workshop Meeting
August 18, 2021
2 Miguel asked why the city spends more than it has and what is being done to fix it. He spoke about Police and Fire.

Mayor Reyes closed public comment.

1. DISCUSS AND PROVIDE DIRECTION ON FISCAL YEAR 2021/2022 PROPOSED BUDGET.

RECOMMENDATION:

It is recommended that the City Council: (1) provide staff direction on preparing the final proposed FY21/22 budget.

It is recommended that the Adelanto Public Utility Authority Board: (1) provide staff direction on preparing the final proposed FY21/22 budget
Senior Accountant Despain presented a power point presentation.

City Council and staff discussed the proposed budget and direction was provided.

The next Regular Meeting of the City Council will be held on August 25, 2021, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 11:12 a.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to adjourn the meeting.

MINUTES OF THE

REGULAR MEETING AND CONCURRENT SPECIAL

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
August 25, 2021
The Adelanto City Council held the Regular Meeting on Wednesday, August 25, 2021, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 6:03 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Jeannette.

Flag Salute: Mayor Pro Tem Ramos.

None.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the agenda as presented.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §. (Two cases)
a. Gabriel Elliott. v. City of Adelanto, et al. (San Bernardino Superior Court Case No. CIVDS1828311
A. CALL TO ORDER – CLOSED SESSION MEETING
B. DELETIONS / ADDITIONS TO AGENDA
C. APPROVAL OF AGENDA
D. ANNOUNCEMENT OF CLOSED SESSION ITEMS
71 City Council Minutes
Regular Meeting
August 25, 2021
2 b. Cynthia Herrera v. City of Adelanto, et al. (San Bernardino Superior Court Case No. CIVDS 1901478
City Attorney announced closed session items.

Mayor Reyes opened public comments at 6:04 p.m.

Mayor Reyes closed public comment at 6:05 p.m.

Council convened into closed session at 6:05 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to convene into closed session
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes called the regular meeting to order at 7:00 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Jones.

Flag Salute: Mayor Pro Tem Ramos.

City Attorney Pilchen advised there was no reportable action taken.

E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
F. CONVENE INTO CLOSED SESSION
G. CALL TO ORDER - REGULAR MEETING
H. CLOSED SESSION REPORT
72 City Council Minutes
Regular Meeting
August 25, 2021
3 City Manager Flores spoke about the City of Adelanto School District. He spoke about a crosswalk at Aster and Celeste. He provided an update regarding CDBG Funds that have been distributed for the Utility Assistance Fund for residents. He provided an update regarding meetings that took place with the Sheriff's Department. He thanked those that attended the meeting as well.

Council Member Evans - None
Council Member Jeannette spoke about meetings she attended. She praised Darrel for the events taking place at the stadium. She asked about additional code enforcement and animal control officers. City Manager Flores provided an update regarding the hiring process for those positions.

She also provided an update on Kicks Cafe Senior Center.

Council Member Jones thanked City Manager Flores regarding the crosswalk. He asked if there was an ordinance regarding truck parking within city limits.

Mayor Pro Tem Ramos echoed Joy regarding the items she brought up.

Reyes thanked City Manager for the crosswalk. He shared what a great meeting it was with the Sheriff's Department.

None.

Mayor Reyes opened public comment at 7:23 p.m.

Eddie Torres from Inland Coalition Justice feels that the City Manager should be removed do to corruption.

Miguel Soto shared an independent investigation should be done. He stated the explorer program is good for the city.

Magda spoke about Bellflower and Lawson finally being bulldozed. She stated that Darrel Courtney is amazing.

I. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
K. PRESENTATIONS
L. PUBLIC COMMUNICATIONS
73 City Council Minutes
Regular Meeting
August 25, 2021
4 Mayor Reyes closed public comment at 7:34 p.m.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented with removing warrant #145615 for discussion.

2. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 21/22-02-02- 145580 through 145736 for the total amount of $801,847.23 – Warrant #145615 REMOVED FOR

DISCUSSION
b. Approval of City of Adelanto EFT Warrant 21/22-02-02- 1436 through 1441 in the total amount of $1098.88.

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).

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.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

M. CONSENT CALENDAR
N. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
74 City Council Minutes
Regular Meeting
August 25, 2021
5 2. Approval of Water Department Report.

3. Approval of Sewer Department Report.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

1. OPEN A PUBLIC HEARING AND APPROVE RESOLUTION NO. 21-05 AS PRESENTED TO APPROVE THE 2020 URBAN WATER MANAGEMENT PLAN AND THE 2021 WATER

SHORTAGE CONTINGENCY PLAN AND DIRECT STAFF TO SUBMIT THE PLAN TO

THE CALIFORNIA DEPARTMENT OF WATER RESOURCES, THE STATE LIBRARY, AND THE COUNTY OF SAN BERNARDINO. (DAN)
RECOMMENDATION: Open a Public Hearing and approve Resolution No. 21-05 as presented to approve the 2020 Urban Water Management Plan and the 2021 Water Shortage Contingency Plan and direct staff to submit the plans to the California Department of Water Resources (DWR), the State Library, and the County of San Bernardino.

APUA RESOLUTION NO. 21-05

A RESOLUTION OF THE ADELANTO PUBLIC UTILITY AUTHORITY OF

THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO,
CALIFORNIA, APPROVING THE 2020 URBAN WATER MANAGEMENT
PLAN AND THE 2021 WATER SHORTAGE CONTINGENCY PLAN UPDATE

ADOPTION AND ORDERING THE PLANS TO BE FILED WITH THE

DEPARTMENT OF WATER RESOURCES
Water Superintendent Best presented to the authority.

Mayor Reyes opened public comment at 8:06 p.m.

Miguel shared there is a lot of information and it is hard to understand.

Mayor Reyes closed public comment at 8:09 p.m.

Council Member Evans provided a response to Miguel.

O. ADELANTO PUBLIC UTILITY AUTHORITY - PUBLIC HEARING
75 City Council Minutes
Regular Meeting
August 25, 2021
6 Council Member Jeannette agreed with Evans.

Mayor Pro Tem Ramos also agreed with Evans and wanted to make sure the citizens are aware they can contact Council Members for further information.

Mayor Reyes agreed as well.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve Resolution No. 21-05 as presented to approve the 2020 Urban Water Management Plan and the 2021 Water Shortage Contingency Plan and direct staff to submit the plans to the California Department of Water Resources (DWR), the State Library, and the County of San Bernardino.

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).

1. PUBLIC HEARING – ALL AGENCY BUDGETS FOR FISCAL YEAR 2021-22. (FINANCE) RECOMMENDATION – Staff recommends the City Council, acting as the City Council, Adelanto Community Benefit Corporation Board, and Adelanto Public Utility Authority Board, approve:

Resolution No. 21-43: Approving the Fiscal Year 2021-22 Annual Budget for the City of Adelanto and Adelanto Community Benefit Corporation.

Resolution No. 21-44: Approving the Appropriations Limit for the City of Adelanto.

Resolution No. APUA 21-06: Adopting the Fiscal Year 2021-22 Annual Budget for the Adelanto Public Utility Authority.

RESOLUTION NO. 21-43

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, AND THE ADELANTO
P. PUBLIC HEARING
76 City Council Minutes
Regular Meeting
August 25, 2021
7 COMMUNITY BENEFIT CORPORATION, APPROPRIATING FUNDS FOR

THE MUNICIPAL GENERAL AND SPECIAL FUNDS, OTHER FUNDS

BUDGET AND ADOPTING THE APPROPPRIATIONS LIMIT FOR FISCAL YEAR 2021-22
AND
RESOLUTION NO. 21-44

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 21-22
AND
RESOLUTION NO. APUA 21-06

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADELANTO

PUBLIC UTILITY AUTHORITY APPROPRIATING FUNDS FOR THE
PUBLIC UTILITY AUTHORITY FOR FISCAL YEAR 2021-22
Senior Accountant Despain presented the staff report.

Council Member Jeannette congratulated staff for balancing the budget.

Council Member Evans thanked finance for the balanced budget.

Council Member Jones thanked all of staff that worked on this.

Mayor Pro Tem Ramos thanked everyone as well.

Mayor Reyes thanked the City Manager as he took most of the hits for the unpopular things he did to make this happen.

Mayor Reyes opened public comment at 8:32 p.m.

Mayor Reyes closed public comment at 8:33 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve Resolution No. 21-43: Approving the Fiscal Year 2021-22 Annual Budget for the City of Adelanto and Adelanto Community Benefit Corporation, Resolution No. 21-44: Approving the Appropriations Limit for the City of Adelanto, Resolution No. APUA 21-06: Adopting the Fiscal Year 2021-22 Annual Budget for the Adelanto Public Utility Authority.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
77 City Council Minutes
Regular Meeting
August 25, 2021
8 Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

1. QUITCLAIM LANDSCAPE EASEMENTS TO D.R. HORTON LOS ANGELES HOLDING COMPANY.

RECOMMENDATION: Staff recommends City Council release and quitclaim existing landscape easements within housing tract 17250.

City Engineer Wolfe presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 8:54 p.m.

Mayor Reyes closed public comment at 8:55 p.m.

Council Member Jones had additional questions.

MOTION: Moved by Council Member Evans, seconded by Mayor Pro Tem Ramos to table the item until the next agenda.

Mayor Reyes broke for a short recess.

Mayor Reyes reconvened the meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. RECEIVE AND FILE AND DISCUSSION ON OTHER POST EMPLOYMENT BENEFITS (OPEB) VALUATION REPORT MEASURED AS OF JUNE 30, 2019 FOR DISCLOSURES FOR THE FISCAL YEAR ENDING JUNE 30, 2020 FOR THE CITY OF ADELANTO. (FINANCE /HUMAN RESOURCES)
Q. NEW BUSINESS
78 City Council Minutes
Regular Meeting
August 25, 2021
9 RECOMMENDATION: It is recommended that the City Council receive and file the attached GASB 75 OPEB Valuation Report Measured as of June 30, 2019 for Disclosures for the Fiscal Year Ending June 30, 2020 for the City of Adelanto.

Human Resources Risk Analyst presented the staff report.

Mayor Reyes opened public comment at 9:11 p.m.

Mayor Reyes closed public comment at 9:12 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos receive and file the attached GASB 75 OPEB Valuation Report Measured as of June 30, 2019 for Disclosures for the Fiscal Year Ending June 30, 2020 for the City of Adelanto.

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).

Warrant #145615 removed from the consent calendar by Council Member Evans. She requested clarity on why there was a donation paid out by Mayor Reyes and then reimbursed to Mayor Reyes.

City Manager Flores provided an explanation.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos approve warrant #145615.

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).

R. ITEMS REMOVED FROM THE CONSENT CALEANDAR
79 City Council Minutes
Regular Meeting
August 25, 2021
10 Council Member Evans stated that MEKOS is requesting to do a presentation to gain the Council support. She requested an update regarding the Housing Plan and when the public meeting will be.

She also requested a workshop to discuss the re-piping of the north end of the City. She wants an update regarding the city vehicles being wrapped.

Mayor Pro Tem Ramos asked for a future agenda item for discussion for the council chambers to be updated in some way to spur positivity.

Mayor Reyes asked for a future agenda item for discussion to help pay for crossing guards for the Victorville Schools that Adelanto children attend. He requested a discussion item to see what the city can come up with to benefit the kids in the community.

Mayor Reyes opened public comments.

Miguel spoke about accountability being about progress and development.

Mayor Reyes closed public comments.

The next Regular Meeting of the City Council will be held on September 8, 2021, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 9:31 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to adjourn the meeting.

T, PUBLIC COMMUNICATIONS
U. ADJOURNMENT
80 CITY COUNCIL AGENDA REPORT
DATE: July 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:

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 81 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 June 22, 2022, the City Council adopted Resolution No. 22-48 authorizing modified remote teleconference meetings through July 22, 2022, to avoid a lapse the Council is requested to adopt the attached resolution.

FISCAL IMPACT:

There is no fiscal impact to the City.

ATTACHMENTS:

Resolution No. 22-50
82 - 1 -
RESOLUTION NO. 22-50

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 REAUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM JULY 13, 2022, THROUGH AUGUST 12, 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 “SBCOVID-19” section of the San Bernardino County website states that masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses; and
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 83 RESOLUTION NO. 22-50
- 2 -
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, on May 25, 2022, the City Council adopted Resolution No. 22-35 authorizing modified remote teleconference meetings through June 24, 2022; and WHEREAS, on June 22, 2022, the City Council adopted Resolution No. 22-48 reauthorizing modified remote teleconference meetings through July 22, 2022; 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 continue meeting 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. 84 RESOLUTION NO. 22-50
- 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 July 13, 2022, until the earlier of August 12, 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.

PASSED, APPROVED AND ADOPTED this 13th day of July 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
85 RESOLUTION NO. 22-50
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I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-50 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 13th day of July, 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 July 2022.
______________________________
Brenda Lopez, City Clerk
86 CITY COUNCIL AGENDA REPORT
DATE: July 13, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: APPROVAL OF AMENDED AGREEMENT WITH THE BARSTOW HUMANE SOCIETY TO PROVIDE

ANIMAL SHELTERING AND RELATED SERVICES FOR A THREE-YEAR TERM AND AUTHORIZE

THE CITY MANAGER TO EXECUTE THE AGREEMENT
STAFF RECOMMENDATION:

Staff recommends that Council approve the amended agreement with Barstow Humane Society to provide animal sheltering and related services for a three-year period and authorize the City Manager to execute the agreement.

BACKGROUND:

Council approved the agreement in its entirety on October 27, 2021. Staff re-negotiated rates on behalf of the City for the services for the purposes of safeguarding the health and safety of Adelanto residents and animals within the community. The services provided include animal sheltering, animal adoption, and deceased animal disposal.

The re-negotiated cost for the services provided by Barstow Humane Society are based on the number of animals processed each month, according to the following schedule Service Fee per Animal
All Impounded Dogs $95.00
All Impounded Cats $75.00
Small pet, example: Lizards, masters, guinea pig $50.00 Deceased Animals $50.00
FISCAL IMPACT:

The amount was budgeted for the Fiscal Year 22-23.

ATTACHMENTS:

1. Sample Agreement
87

Page 1 of 4 ends

AGREEMENT
The CITY OF ADELANTO (hereinafter called "City') and the Barstow Humane Society (hereinafter called “Humane Society") agree as follows:

1. The Humane Society shall accept, impound and dispose of any and all dogs, cats and other animals, which are brought to the Humane Society from the incorporated areas of City by City Animal Control Officers, Police Officers and City residents.

2. The Humane Society shall obtain name and when possible telephone number of City resident delivering animals indicating that the animal is a stray animal. (For the purposes of this agreement, a stray animal shall be defined as an animal which has not been in the care and custody of the person delivering and declaring such animal to be a stray for a period in excess of five (5) days.) The impound slip shall contain a description of the animal, and location of where the animal was picked up. A copy of the impound slip shall accompany the monthly billing to the City.

3. The Humane Society shall, for and on behalf of City, destroy or otherwise dispose of all stray animals brought to the Shelter by persons authorized in paragraph 1 provided that no animal so impounded shall be destroyed or otherwise disposed of without notice to the owner of such animal, if that person is known. No animal impounded under the provisions of the said City ordinance shall be destroyed or otherwise disposed of except in accordance with state law or when directed by City to immediately dispose of any animal delivered to the Humane Society or which is so severely injured as to warrant being euthanized or so ill as to present a hazard to other impounded animals.

4. The Humane Society shall provide a method of animal euthanasia acceptable to the State and City

5. The Humane Society shall maintain records of all animals by species delivered to the Humane Society by parties authorized in paragraph 1. The Humane Society shall report to the City no later than the tenth day of each month the total number of each species of each animal delivered to the Humane Society during the previous month. The City shall allow the Humane Society to use computer printouts of the Humane Society’s choice for impound slips and reports submitted to the City.

6. Deputation: The Humane Society shall be deputized and authorized to collect City's apprehension, shelter and related penalty fees at the shelter as directed by City, for all animals released from the shelter to residents of the City, Society officers, agents and/or employees shall collect license fees for all dogs retuned to owners if their dog is four months of age or older. Such license forms and receipt books as may be deemed necessary by City will be furnished to the Humane Society by City. 88

Page 2 of 4 ends

7. Funds Collected by the Humane Society: All monies collected by the Humane Society for City in connection with this agreement shall be deposited in the Humane Society account and the city billing will be debited on or before the tenth day of each month for the month preceding.

8. In consideration of the above services, the City shall pay the Humane Society the following fees for each animal:
(1) All impounded dogs $95.00
(2) All impounded cats $75.00
(3) Small pet, example-lizards, hamsters, guinea pig $50.00 (4) Deceased animals $50.00

9. The Humane Society shall be paid monthly upon receipt of the Humane Society invoice for services rendered during the previous month.

10. The payment for services noted above shall be a minimum guaranteed payment under this Agreement for FY2022-23 and shall be adjusted annually effective July 1 of each year. The adjustment will be based upon the change in the Consumer Price Index for the month of May (preceding July 1 effective date of the change) on a year-over-year basis for All Urban Consumers ("CPI-U") as published by the U.S. Department of Labor for the Los Angeles-Riverside-Orange Counties Standardized Metropolitan Statistical Area (SMSA). The adjustment shall also be based annually upon any increases related to services or supplies that are not indirect control of the humane society.

11. It is agreed that the Humane Society is an independent Contractor hereunder; that the officers and employees of the Humane Society are not the agents, officers or employees of City; that the Humane Society shall maintain and enforce a policy of Workmen's Compensation Insurance covering its officers and employees if qualified for such coverage.

12.Each party promises and agrees to defend, indemnify and hold harmless the other party, its officers, agents and employees, from all claims, demands, and liability for damages for personal injury or property damage arising out of an act or omission attributable to the indemnifying party.

13.The Humane Society books of City accounts shall be made available to the City Auditors for audit purposes provided such audit is performed only on fees and charges collected on behalf of the contract with the City and during regular office hours on regular working days,

14.All animals impounded by City personnel with known disease and/or visible injury shall be transported first to the respective agency's contract animal hospital for evaluation and/or prior to animal(s) being transferred to the Humane Society 89

Page 3 of 4 ends

15.Any animal(s) that are brought directly to the Humane Society that are found to be diseased or visibly injured that are not first brought to City's animal hospital for evaluation and/or treatment or if animal hospital is closed or unavailable may incur additional costs due to the Humane Society as partial recovery of fees associated with treatment.

16.This Agreement shall before an initial term of Three (3) Years, commencing on July1,2022 (the 'Commencement Date") and expiring on June 30, 2025 (the "Termination Date") (the "Term"), unless terminated earlier pursuant to Paragraph 19 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Paragraph 19 below.

17.This Agreement may be extended for Three (3) additional one-year periods (hereinafter "Option Periods"), at the option of City, subject to satisfactory performance as determined by the City. City shall give the Humane Society sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give the Humane Society such written notice of its option to extend, this Agreement shall terminate at the end of the thencurrent Term or Option Period without further notice from either party, unless terminated earlier pursuant o the provisions of Section 21 below. Should the City fail to give the Humane Society the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date following written inquiry from the Humane Society

18.This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least ninety (90) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination. Neither party may exercise without cause within the first twelve (12) months of this Agreement.

19.This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least thirty (30) days advance written notice detailing, with specificity, the reasons for the proposed termination or suspension. Within that thirty-day termination period, the notified Party has the opportunity to cure the alleged default by satisfactory performance. If the notice Party fails to cure the alleged default within that time, the noticing Party may terminate this Agreement without further notice. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination. 90

Page 4 of 4 ends

City of Adelanto Barstow Humane Society
____________________________ _______________________
City Manager Title:___________________
ATTEST:
_____________________________ ________________________
Title:_________________________ Title_____________________ 91 CITY COUNCIL AGENDA REPORT
DATE: July 13, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney
SUBJECT: RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION OF CHAPTER

9.110 TO THE ADELANTO MUNICIPAL CODE FOR A NOISE CONTROL

ORDINANCE
STAFF RECOMMENDS:

Staff recommends that the City Council adopt proposed Ordinance No. 631, also referred to as “Noise Control”, designed to limit the adverse effects of unwanted and intrusive noises within the City of Adelanto (“City”). This Ordinance will create criteria and procedures for the measuring of sound levels in accordance with various zoning areas, as well as penalties for noise level violations pursuant to the Adelanto Municipal Code. It shall take effect thirty (30) days after passage.

BACKGROUND:

This ordinance is again up for second reading. At the Council’s June 22, 2022 meeting, the Council directed the removal of daytime residential noise restrictions. Additionally, the Council’s direction included beginning noise restrictions at 11 p.m. on Friday and Saturday until 7 a.m. the following morning, and at 10 p.m. all other days until 7 a.m. the following morning. The ordinance as revised thus incorporates more leniency during the daytime and increases the focus on addressing nighttime noise disturbances.

ANALYSIS:

Increased Daytime Leniency
The proposed prescribed daytime ambient noise level for residential areas between the hours of 7:00 a.m. and 10:00 p.m., proposed at 65 decibels (dBA), has been removed pursuant to the Council’s direction. Thus, the noise ordinance does not prescribe an ambient noise level in residential areas during these hours.

Increased Nighttime Focus
The Council also directed that residential noise restrictions begin at 11 p.m. on Fridays and Saturdays until 7 a.m. the following morning, and at 10 p.m. all other days until 7 a.m. the following morning. The times of these restrictions also apply to the use of stereos, radios, loudspeakers and musical instruments.
92 1
ORDINANCE NO. 631

AN ORDINANCE OF THE CITY COUNCIL, OF THE

CITY OF ADELANTO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, ADDING CHAPTER 9.110 (NOISE CONTROL) TO TITLE 9 (PUBLIC PEACE, SAFETY

AND MORALS) OF THE ADELANTO MUNICIPAL CODE REGULATING NOISE LEVELS WHEREAS, the City of Adelanto is a municipal corporation, duly organized under the constitution and laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws;
WHEREAS, California Health and Safety Code Section 46001 provides that the City of Adelanto may make and enforce additional regulations to declare, prohibit, and abate nuisances within its jurisdictional limits;
WHEREAS, the City Council finds that it has a responsibility to protect the health and welfare of its citizens by the control, prevention, and abatement of excessive noise; WHEREAS, the City Council finds that excessive noise in residential areas is detrimental to public health and welfare and constitutes a serious and imminent hazard and a public nuisance, and is imminently injurious to public health and safety;
WHEREAS, the City Council finds that City residents should be provided a peaceful environment free from the intrusion of noise that jeopardizes their health or welfare; WHEREAS, the City Council finds and recognizes that while certain levels of noise are unavoidable, the elimination of noise beyond that which is essential to everyday living is beneficial to all residents of the City; and
WHEREAS, the City Council seeks to establish the means to prevent and abate intrusions of excessive noise upon its residents and achieve an environment facilitating public health and welfare;

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

Section 1. Incorporation of Recitals. The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in full herein.

Section 2. Chapter 9.110 of Title 9, is hereby added to the Adelanto Municipal Code to read as follows:
93 2
Chapter 9.110 Noise Control
Sections:

9.110.010 Purpose

9.110.020 Definitions

9.110.030 Noise Measurement Criteria

9.110.040 Noise Measurement Procedure

9.110.050 Base Ambient Noise Levels

9.110.060 Noise Levels Prohibited

9.110.070 Noise Source Exemptions

9.110.080 Disturbing Noises Prohibited

9.110.090 Noise Disturbances- Acts Specified

9.110.100 Public Nuisance

9.110.110 Notice and Penalties

9.110.120 Additional Penalties

9.110.010 Purpose.

The purpose of this chapter is to establish criteria and standards for the regulation of noise levels within the City of Adelanto. The City Council declares and finds that excessive noise levels are detrimental to the public health, welfare, and safety and are contrary to the public interest. It is this chapter’s intent to protect persons form excessive levels of noise from sources including but not limited to; persons, animals, or fowl; automobiles, motorcycles, engines, machines, or other mechanical devices; and loudspeakers, speakers, musical instruments, stereos, radios, televisions, record players or other amplifying devices. This chapter includes standards for the measurement of noise levels to ensure that noise levels do not disturb and interfere with the peace, comfort, or repose of the residents of the neighborhood from which the noise is emitted.

9.110.020 Definitions.

The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

A. “A-weighted sound level” means the sound pressure level in decibels as measured on a sound level meter using A-weighting network. The level to read is designated db(A) or dB(A).

B. “Ambient Noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding any intrusive noise.
94 3
C. "Commercial area" means any area occupied by businesses which sell, rent, trade, or store goods, or which provide a service.

D. "Decibel (dB)" means a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter).

E. "Emergency" means any occurrence or set of circumstances involving actual or imminent danger, physical trauma or property damage that demands immediate action.

F. "Emergency work" means any work performed for the purpose of preventing or alleviating the danger, physical trauma or property damage threatened or caused by an emergency.

G. "Industrial area" means any area occupied by land uses whose primary operation involves manufacturing, assembling, processing, or otherwise treating raw materials, semifinished products, or finished products, for packaging and distribution to either wholesale or retail markets.

H. "Noise" means any sound which annoys or disturbs humans, or which causes or tends to cause an adverse psychological or physiological effect on humans.

I. "Noise disturbance" means any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property.

J. "Noise sensitive zone" means any area designated for the purpose of insuring exceptional quiet, including a school (including nursery school and preschool), church, library, courthouse, daycare facility, while the same is in use, or any hospital, nursing home, or care facility.

K. "Noise source" means a disturbance-causing operation which originates from a single unit or noise generating mechanism which operates simultaneously.

Example of a single noise source is the combination of motor, pump, and compressor; or a power plant with several boilers.

L. "Noise zone" means defined areas or regions of a generally consistent land use community wherein the ambient noise levels are generally similar (within a range of five (5) decibels). Typically, most sites within any given noise zone will be of comparable proximity to major noise sources.
95 4
M. "Noncommercial purpose" means the use, operation, or maintenance of any sound equipment for other than a commercial purpose, including, but not limited to, philanthropic, political, patriotic and charitable purposes.

N. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

O. "Public space" means any real property or structures thereon which are owned or controlled by a governmental entity and normally accessible to the public, including but not limited to parks and other recreation areas.

P. "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.

Q. “Responsible person” means any person who owns, leases, or is lawfully in charge of the property or motor vehicle where the noise violation takes place, or any person who owns or controls the source of the noise or violation. If the responsible person is a minor, then the parent or guardian who has custody of the child at the time of the violation shall be the responsible person who is liable under this chapter.

R. "Sound" means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency.

S. "Sound amplifying equipment" means any machine or device for the amplification of the human voice, or music, or any other sound, excluding standard automobiles when used and heard only by the occupants of the vehicle in which the device is installed and, as used in this Chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

T. "Sound level" means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C, as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-l971 or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

U. "Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which satisfies the requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meters, S1.4- 1971, or the most recent revision thereof.
96 5
V. "Vibration" means mechanical motion of the earth or ground, building, or other type of structure, induced by the operation of any mechanical device or equipment located upon or affixed thereto.

9.110.030 Noise Measurement Criteria.

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in this chapter. The location selected for measuring exterior noise levels shall be at the property line of the property containing the offending noise source at which the noise level is at a maximum, or along the affected property’s boundary line closest to the noise source.

9.110.040 Noise Measurement Procedure.

A. The measurement procedure presented in this Section assumes that personnel performing the noise measurements have been trained in the use of the instruments and in interpretation of measured data. Upon receipt of a complaint from a citizen, an agent of the City, equipped with sound level measurement equipment satisfying the requirements specified in Section 9.110.020, shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem, and shall include the following:

1. Nonacoustic Data.
a. Type of noise source.
b. Location of noise source relative to complainant's property. c. Time period during which noise source is considered by complainant to be intrusive.
d. Total duration of noise produced by noise source.
e. Date and time of noise measurement survey.

2. Procedure. Utilizing the A weighting scale of the sound level meter and the slow meter response, the noise level shall be measured at a position or positions along the complainant's property line closest to the noise source or at the location along the offending property’s boundary line where the noise level is at a maximum. In general, the microphone shall be located five feet (5') above the ground and ten feet (10') or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made at a point at least four feet (4') from the wall, ceiling, or floor 97 6
nearest the noise source with windows in the normal seasonal configuration.

Calibration of the instrument being used shall be performed immediately prior to and following the recording of any noise data utilizing the acoustic calibrator.

9.110.050 Base Ambient Noise Levels.

All ambient noise measurements shall commence in decibels within the respective zones and times as follows:

Zone Time Sound Level
Decibels
All Residential Zones 10:00 pm Sunday to 7:00 a.m. Monday 10:00 pm Monday to 7:00 a.m. Tuesday
10:00 pm Tuesday to 7:00 a.m. Wednesday
10:00 pm Wednesday to 7:00 a.m. Thursday
10:00 pm Thursday to 7:00 a.m. Friday
11:00 pm Friday to 7:00 a.m. Saturday
11:00 pm Saturday to 7:00 a.m. Sunday
45 dB(A)
All Commercial Zones Anytime 70 dB(A)
All Industrial Zones Anytime 75 dB(A)
If the ambient noise level exceeds the applicable limit as noted in the above table, the ambient noise level shall be the standard.

9.110.060. Noise Levels Prohibited
A. Unless otherwise permitted, noise levels shall not exceed the ambient noise levels in Section 9.11.050 by the following dB(A) levels for the cumulative period of time specified:

1. Less than 5dB(A) for a cumulative period of more than thirty minutes in any hour.

2. Less than 10 dB(A) for a cumulative period of more than fifteen minutes in any hour.

3. Less than 15 dB(A) for a cumulative period of more than five minutes in any hour.

4. Less than 20 dB(A) for a cumulative period of more than one minute in any hour.

5. 20 dB(A) or more for any period of time.
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9.110.070 Noise Source Exemptions.

A. The following activities shall be exempted from the provisions of this chapter:

1. All mechanical devices, apparatus or equipment used, related to or connected with emergency machinery, vehicles or work including for the purpose of responding to an emergency, or necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm.

2. Warning devices that are required by law to protect the health, safety and welfare of the community.

3. The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation projects, public works projects or essential public works services and facilities.

4. Activities conducted on the grounds of any elementary, intermediate, secondary, or post-secondary school during regular hours of operation.

5. Outdoor gatherings, public dances and shows, provided said events are authorized by the City.

6. Activities conducted in public parks and public playgrounds, provided said events are conducted pursuant to a permit as required by this Code.

7. Any activity to the extent regulation thereof has been preempted by state or federal law.

8. Traffic on any roadway or railroad right-of-way, including public transit operations.

9. The operation of any airport.

10. Construction, alteration, and demolition activity on private properties that are determined by the director of building and safety to be essential to the completion of a project.

11. Refuse collection conducted by the City’s franchised waste collection service(s).

12. Sounds generated in commercial and industrial zones that are necessary and incidental to the uses permitted therein.

13. Sounds generated in connection with speech or communication protected by the U.S. Constitution or the California Constitution, except to the extent such sounds are subject to permissible time, manner and place restrictions.
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9.110.080 Disturbing Noises Prohibited.

A. Notwithstanding any other provision of this Chapter, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, a loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

B. The standards that shall be considered in determining whether a violation of the provisions of this Section exists shall expressly include, but not be limited to, whether the violation occurs between the hours of 10:00 p.m. and 7:00 a.m.

Other standards shall include, but not be limited to, the following:

1. The sound level of the objectionable noise.

2. The sound level of the ambient noise.

3. The proximity of the noise to residential sleeping facilities.

4. The nature and zoning of the area within which the noise emanates and the area where it is received.

5. The density of the inhabitation of the area within which the noise emanates and where it is received.

6. The time of day or night the noise occurs.

7. The duration of the noise and its tonal, informational or musical content.

8. Whether the nature of the noise is usual or unusual.

9. Whether the origin of the noise is natural or unnatural.

10. Whether the noise is continuous, recurrent, or intermittent.

11. Whether the noise is produced by a commercial or noncommercial activity.

9.110.090 Noise Disturbances - Acts Specified.

The following acts, and the causing or permitting thereof, are declared to be in violation of this Chapter:

A. Radios, television sets, musical instruments, and similar devices. Operating, playing, or permitting the operation or playing of any radio, car radio, stereo, car stereo, stereo receiver, computer, compact disc player, tape recorder, cassette player, television set, phonograph, drum, musical instrument, or similar device, which produces or reproduces music or sound such that the music or sound therefrom creates a noise disturbance across a residential real property line, including partitions common to two residences within a building, between the hours of eleven p.m. Friday until seven a.m. Saturday, eleven p.m. Saturday until seven a.m. Sunday, and ten p.m. any other day until seven a.m. the following morning, or at any time violates the provisions of Sections 9.110.060. Notwithstanding the provisions of any other Section in this Chapter, the provisions of this subsection may be enforced by a peace officer.
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9 B. Loudspeakers (amplified sound). Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device such that the sound therefrom creates a noise disturbance across a residential real property line, including partitions common to two residences within a building, between the hours of eleven p.m. Friday until seven a.m. Saturday, eleven p.m. Saturday until seven a.m.

Sunday, and ten p.m. any other day until seven a.m. the following morning, or at any time violates the provisions of Sections 9.110.060, except for any noncommercial public speaking, public assembly or other activity for which a variance has been issued by the City.

C. Street sales. Offering for sale, selling anything or advertising by shouting or outcry within any residential or commercial area or noise sensitive zone of the City except by variance issued by the appropriate City department. The provisions of this subsection shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, carnivals, fairs, circuses or other similar licensed public entertainment events.

D. Automobile horns. Sounding any horn or signal device on any automobile, motorcycle, bus, or other motor vehicle in any other manner or circumstances or for any other purpose than required or permitted by the Vehicle Code or other California law.

E. Automotive engines and mufflers. Racing the engine of any motor vehicle while the vehicle is not in motion, except when necessary to do so in the course of repairing, adjusting or testing the same. Additionally, operating or permitting the use of any motor vehicle, on any public right-of-way or public place or on private property within a residential zone for which the exhaust muffler, intake muffler or any other noise abatement device has been modified or changed in a manner such that the noise emitted by the motor vehicle is increased above that emitted by the vehicle as originally manufactured.

F. Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. the following day in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Sections 9.110.060.

G. Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at one hundred fifty feet (150') (forty-six (46) meters) from the source if on a public space or public right-of-way. For the purposes of this subsection, "vibration perception threshold" means the minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such directed means as, but not limited to, sensation by touch or visual observation of moving objects. The 101
10 perception threshold shall be presumed to be .001 g's in the frequency range 0—30 hertz and .003 g's in the frequency range between thirty and one hundred hertz.

H. Explosives, firearms, and similar devices. Using or firing explosives, firearms, firecrackers, or similar devices such that the sound therefrom creates a noise disturbance across a real property line, or within a noise sensitive zone, public space or public right-of-way, without first obtaining a variance issued by an authorized City employee.

I. Stationary nonemergency signaling devices.

1. Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than ten (10) seconds in any hourly period.

2. Houses of religious worship and chimes in the civic center shall be exempt from the operation of this provision.

3. Sound sources covered by this provision and not exempted under Subsection 9.110.090.I.2 of this Section may be exempted by a variance issued by the appropriate City department.

J. Emergency signaling devices.

1. The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, or any motor vehicle burglar alarm, except for emergency purposes or for testing, as provided in Subsection

9.110.090.J.2.

2. Testing of a stationary emergency signaling device shall not occur before eight a.m. or after seven p.m. Any such testing shall only use the minimum cycle test time. In no case shall such test time exceed ten (10) seconds.

3. Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device shall not occur more than once in each calendar month.

Such testing shall not occur before eight a.m. or after seven p.m. The time limit specified in Subsection 9.110.090.J.2 of this Section shall not apply to such complete system testing.

4. Sounding or permitting the sounding of any exterior burglar or fire alarm unless such alarm is automatically terminated within fifteen (15) 102
11 minutes of activation. Such testing shall not occur before eight a.m. or after seven p.m.

K. Noise sensitive zones.

1. Creating or causing the creation of any sound within any noise sensitive zone, so as to exceed the specified land use noise standards set forth in Sections 9.110.060; or

2. Creating or causing the creation of any sound within or adjacent to any noise sensitive zone containing a hospital, nursing home, police or Sheriff’s station, fire station, school (including nursery school and preschool), library, courthouse, or other designated use so as to interfere with the functions of such activity or annoy the patients or participants of such activity(ies).

L. Domestic power tools and landscaping equipment.

1. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between nine p.m. and seven a.m. the following day so as to create a noise disturbance across a residential or commercial real property line.

2. Any motor, machinery, pump, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance.

3. Operating leaf blowers, consisting of portable power equipment used in any landscape maintenance, construction, property repair or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass clippings, cuttings, or trimmings from plants, trees or other debris is unlawful if operated within any residential area or in any nonresidential area within four hundred feet (400') of any residential area in the City between the hours after eight p.m. and before seven a.m. Monday through Friday, after seven p.m. and before nine a.m. on Saturdays, and after seven p.m. and before ten a.m. on Sundays and legal holidays. Notwithstanding the provisions of Section 9.110.110, violations of this subsection shall be infractions except as specifically provided in this Section. The first violation in any one (1) year period shall be subject to a fine of fifty dollars ($50.00); a second violation in any one (1) year period shall be subject to a fine of seventy-five dollars ($75.00); a third violation in any one (1) year period shall be subject to a fine of one hundred and fifty dollars ($150.00). A fourth or subsequent violation of this Subsection in any one (1) year period may be filed as a misdemeanor pursuant to Section 1.20.010.

Notwithstanding the provisions of any other Section in this Chapter, the provisions of this subsection may be enforced by a peace officer. 103
12 M. Air-conditioning or air refrigerating equipment. Operating or permitting the operation of any air-conditioning or air refrigerating equipment in such a manner as to exceed any of the following sound levels measured as specified in the American Society of Heating, Refrigeration and Air Conditioning Engineers Code of Recommended Practices:

Measurement Location Units Installed Before 01-01-80
dB(A)
Units Installed After 01-01-80
dB(A)
Any point on neighboring
property line, five feet above
grade level, no closer than three
feet from any wall
60 55
Center of neighboring patio five
feet above grade level, no closer
than three feet from any wall
55 50
Outside the neighboring living
area window nearest the
equipment location, not more
than three feet from the window
opening, but at least three feet
from any other surface
55 50

9.110.100 Public Nuisance.

A violation of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance that shall be subject to the provisions of Chapters 9.110 and 1.20 of this code.

9.110.110 Notice and Penalties.

Enforcement of any provision of this chapter may be made through Section

1.20.070.

A violation of any provision of this chapter shall, if feasible, first be the subject of a written notice to the responsible person that if, within a twelve (12) month period following the initial response, city personnel, including a peace officer, are again required to respond to the same person for violating this chapter, a criminal and/or administrative citation will be issued pursuant to Chapter 1.20 of this Code. Such notice shall be signed by the responsible person, however, such notice shall not be ineffective due to a party’s refusal to sign. If a responsible person declines or refuses to accept or sign any warning or notice, then such warning or notice may be issued pursuant to Section 1.20.020.D. Subsequent violation(s) occurring after issuance of a written warning shall be cause for a criminal and/or administrative citation to be issued pursuant to Chapter 1.20 and subject to appropriate legal action as provided by law including criminal and/or civil enforcement. 104
13 Notwithstanding section 9.110.090.L.3, any person found to be violating any provision of this chapter shall be punishable in accordance with Chapter 1.20 and a fine not to exceed $1,000.00 for the first violation.

Any person convicted of a subsequent violation under this chapter shall, for each separate violation, be subject to: (A) a fine in an amount not to exceed one thousand two hundred fifty dollars ($1,250.00) for a second conviction of the same offense within a twelve-month period from the date of the first offense; and (B) a fine in an amount not to exceed fifteen hundred dollars ($1,500) for the third conviction of the same offense within a twelve-month period from the date of the first offense.

The fine for a fourth and any subsequent conviction(s) of the same offense within a twelve-month period from the date of the first offense shall be two thousand dollars ($2,000.00).

In addition, in the discretion of the city attorney and based upon the specific facts and circumstances presented to him or her, including the time of day or night the alleged offense occurred, any such violation may be charged as an infraction subject to the penalties contained in Chapter 1.20.

9.110.120 Additional Penalties
Nothing in this chapter shall preclude the city from pursuing any other legal remedies provided by this code or otherwise available to the city in law or in equity.

Section 3. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

Section 4. Severability. Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of this Ordinance as a whole or any part thereof, other than the part so declared to be invalid.

Section 5. Certification/Summary. Following the City Clerk’s certification that the citizens of Adelanto have approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law.

PASSED, APPROVED AND ADOPTED this _________ day of _______, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
_______________________________
Marc Tran, City Attorney
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CITY COUNCIL AGENDA REPORT
DATE: July 13, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Marc Tran, City Attorney
SUBJECT: SECOND READING OF SIDEWALK VENDING ORDINANCE
STAFF RECOMMENDATION:

Staff recommends that the City Council:

1. Conduct a second reading and adopt the proposed Ordinance No. 632 adding Chapter 5.82 “Sidewalk Vendors” to Title 5 of the Adelanto Municipal Code to establish a sidewalk vending program in compliance with SB 946.

BACKGROUND:

On June 22, 2022, a revised Ordinance No. 632 was brought to Council for a second reading. Upon further discussion, Council provided direction for additional revisions to be made such as the placement of generators on the ground, authorization of canopies, and locations where vendors may set up.

The City Council conducted a first reading of Ordinance No. 632 at its Regular City Council Meeting of June 8, 2022. A motion was made to bring Ordinance No. 632 back for a second reading with additional revisions,such as extending the hours of operation, reducing the proximity to other vendors and allowing for vendors to obtain more than one license.

A proposed Ordinance is now being presented to allow the City to regulate sidewalk vendors. SB 946 allows local jurisdictions to adopt additional requirements regulating the time, place, and manner of sidewalk vending if those regulations are directly related to objective health, safety, or welfare concerns.

The proposed Ordinance includes the following regulations:

1. Annual sidewalk vending permits from the City are required.

2. Where applicable, a valid Health Permit issued by the County of San Bernardino is required in order to obtain a sidewalk vending permit.
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3. Operational restrictions, including, but not limited to: (1) maintaining a clean selling area, (2) time restrictions, and (3) collecting and hauling away trash generated by the vending activity.

4. Location restrictions to prohibit operation near: (1) the City Police Department and Fire Station to limit interference with the deployment of emergency services, (2) near places where the City has authorized special events to take place, for the duration of the event, and (3) near intersections and fire lanes.

It should also be noted that SB 946 also specifies a schedule of fines and decriminalizes street vending by modifying the penalties that apply to current and past violations of sidewalk vending ordinances.

FISCAL IMPACT:

The anticipated fiscal impact is unclear at this time.

ATTACHMENTS:

Proposed Ordinance NO. 632.
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ORDINANCE NO. 632

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA ADDING CHAPTER 5.82 “SIDEWALK VENDORS” TO
TITLE 5 (BUSINESS LICENSES AND REGULATIONS) OF THE

ADELANTO MUNICIPAL CODE TO ESTABLISH A SIDEWALK
VENDING PROGRAM IN COMPLIANCE WITH SENATE BILL 946
WHEREAS, on September 17, 2018, Governor Brown signed Senate Bill No. 946 (“SB 946”), adding section 51036-51039 to the Government Code; WHEREAS, SB 946 seeks to provide important entrepreneurship and economic development opportunities to low-income and immigrant communities; WHEREAS, SB 946 decriminalizes sidewalk vending and limits local regulations to those expressly provided for in SB 946 or those that are otherwise “directly related to objective health, safety, or welfare concerns”;
WHEREAS, only applies to sidewalk vending on public property and in the public right-ofway, and vending on private property is still subject to private and local control; WHEREAS, while the City of Adelanto (“City”) recognizes that sidewalk vending provides entrepreneurial and economic opportunities, it finds it is in the interest of the public peace, health, and safety of City residents to regulate sidewalk vending; WHEREAS, the City Council desires to adopt licensing and permitting requirements for sidewalk vending to ensure orderly commerce, increase vendor accountability, and to make it easier to identify vendors out of compliance with the City’s sidewalk vending regulations and other federal, state, or local laws;
WHEREAS, SB 946 permits local authorities to restrict or prohibit sidewalk vendors from operating within the immediate vicinity of an area subject to a temporary special event permit issued by local authorities;
WHEREAS, the City often issues special event permits for local attractions and events in the City where promoters provide for staffing by vendors; WHEREAS, SB 946 permits local authorities to restrict the time, place, and manner of sidewalk vending if regulations are directly related to objective health, safety, or welfare concerns;
WHEREAS, the City desires to reduce distractions to drivers and reduce visual obstructions in drivers’ lines of sight that may cause traffic collisions and/or injury to members of the public;
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WHEREAS, the City desires to place restrictions against operating within portions of the public right-of-way where accidents may occur, such as traffic intersections, streets, street medians, street dividers, and alleys;
WHEREAS, prohibiting sidewalk vending in traffic intersections, streets, street medians, street dividers, landscaped parkways, and alleys is necessary to protect the health and safety of vendors because they are at risk of being struck by vehicles and causing traffic collisions in these areas;
WHEREAS, the City desires to place restrictions against operating in close proximity to the Police Department and Fire Station to ensure that no blockages from vending activities hinder emergency response times and efforts; and
WHEREAS, the City Council finds that adopting additional regulations for sidewalk vendors in a manner consistent with SB 946 is necessary to protect the public peace, health, safety, and welfare of the City’s residents and to ensure orderly commerce.

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

Section 1. Incorporation of Recitals. The recitals set forth above are hereby incorporated by this reference as if set forth in full herein.

Section 2. The City Council hereby adopts a new Chapter 5.82 “Sidewalk Vendors” to Title 5 (Business Licenses and Regulations) of the Adelanto Municipal Code to read as follows:
“Chapter 5.82 – Sidewalk Vendors”
Section 5.82.010 – Purpose.

It is the purpose and intent of Chapter 5.82 to comply with state legislation decriminalizing sidewalk vending and to provide important entrepreneurial and economic opportunities by allowing sidewalk vending in city parks and on public sidewalk and other paved pedestrian paths.

It is a further purpose and intent of this Chapter 5.82 to regulate sidewalk vending in order to protect the health, safety and welfare of the residents of Adelanto in a manner consistent with state law. In order to meet these objectives, business licenses and sidewalk vending permits shall be required to vend in city parks, on sidewalks, or on other paved public pedestrian paths. The provisions of this Chapter 5.82 are in addition to any permits, licenses and approvals which may be required to conduct business in the City, and in addition to any permits, licenses and approval required under state, county or other law.

Section 5.82.020 – Definitions.

A. “Food item” shall mean all food and drink intended for human consumption. 109
B. “Public right-of-way” shall mean any public sidewalk or any public property within the City.

C. “Sidewalk vendor” shall mean a person who sells food or merchandize from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon public street, public right-of-way, or public property.

D. “Roaming sidewalk vendor” shall mean a sidewalk vendor who moves from place to place and stops only to complete a transaction, and includes, but is not limited to pushcarts.

E. “Stationary sidewalk vendor” shall mean a sidewalk vendor who vends from a fixed location.

Section 5.82.030 – Permits Required; Fees.

A. It is unlawful for any person to engage in or employ any person to engage in the business of sidewalk vending without first obtaining and maintaining a sidewalk vending permit pursuant to this Chapter 5.82 to conduct such business.

B. Fees for such permits shall be in an amount determined by resolution.

C. To apply for a sidewalk vending permit, an applicant must provide:

1. A completed application form containing: (1) the applicant’s name and mailing address; (2) a description of the merchandise offered for sale or exchange; (3) although applicant shall not be restricted to a proposed area of operation, the applicant shall submit a proposed area of operation with reference to street and other identifying landmarks; (4) if applicable, the name of any business entity the applicant works for or with; (5) certification that the information in the application is true; and (6) agreement to comply with all provisions of this chapter and all applicable provisions of this code.

2. A copy of the applicant’s California driver’s license or identification number, individual taxpayer identification number, social security number, federal identification number, or other identification number issued by a foreign government.

3. If vending food, a copy of a valid Health Permit issued by the County of San Bernardino.

4. Copies of all other applicable required licenses and permits.

D. Permits must be renewed on an annual basis.
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E. Up to five (5) permits may be issued to any one person. Each sidewalk vendor permit shall only permit the operation of one sidewalk vendor at any one time. A sidewalk vendor permit is not transferrable to another person.

F. The Director of Development Services or their designee may suspend or revoke any permit issued pursuant to this chapter for any of the following reasons:

1. Revocation, suspension, or nonrenewal of the required San Bernardino County Health Department permit, if applicable for food vendors.

2. Upon the fourth violation or subsequent violations of the regulations set forth in this Chapter 5.82.

G. The issuance of a sidewalk vending permit does not authorize otherwise unlawful activities and does not exempt permittees from complying with other applicable regulations.

Section 5.82.040 – Regulation of sidewalk vendors.

A. Sidewalk vendors shall have a valid permit from the San Bernardino Department of Public Health Division of Environmental Health Operating Permit for food sales, except where the County does not issue permits for the type of sidewalk vending operating by the vendor. The revocation of a County permit shall result in the automatic suspension of the sidewalk vending permit issued by the City.

B. Sidewalk vendors shall display their City-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way.

C. Sidewalk vendors shall not display items for sale on the ground. Sidewalk vendors shall only display their merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.

D. All vendor conveyances shall be maintained in a clean and working state.

E. Sidewalk vendors shall maintain a clean selling area, provide a means for patrons to dispose of trash, and haul away all trash generated by his or her operation. Every sidewalk vendor shall provide a refuse container with a capacity of at least five (5) gallons. Sidewalk vendors shall dispose of trash at vendor’s own place of business or residence; sidewalk vendors shall not place trash in public trash cans or in a private trash can not related to the sidewalk vendor’s operation.

F. Sidewalk vendors shall not use any signs in connection with the sale, display or offering for sale of items, except for those signs affixed to or painted on the sides or canopy of the 111
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.

G. Sidewalk vendors using electricity must do so only through the use of a generator or battery pack which may be contained on the floor, the sidewalk vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance. Sidewalk vendors shall not use extension cords to connect to a power source not contained on the sidewalk vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

H. Sidewalk vending must be contained to the sidewalk vending cart. Sidewalk vendors may not augment operations by setting up accessories, equipment, tables, chairs, or stools near the sidewalk vending pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.

I. Sidewalk vending is limited to the hours of 7:00 AM and 11:00 PM.

J. Stationary sidewalk vendors are prohibited from operating in areas that are zoned as exclusively residential, except for major intersections. Stationary sidewalk vendors may operate in mixed-use areas and non-conforming residential structures so long as they operate adjacent to a permitted commercial use. Roaming sidewalk vendors operating in areas that are zoned as exclusively residential shall stop only to complete transactions.

K. Sidewalk vendors shall not sell, display, or offer to sell items in the following:

1. Within six hundred (600) feet of the Police Department or Fire Station.

2. Within five hundred (500) feet of a permitted swap meet, or any area subject to a City-issued special event permit for the duration of the permit.

3. On a center divider, a landscaped center median or landscaped parkway.

4. Within twenty-five (25) feet of another vendor, measured on the same side of any public right-of-way.

L. To maintain accessibility standards for the City’s residents with disabilities, every sidewalk vendor operating on public property or in the public right-of-way must ensure that no obstruction is placed in the sidewalk or public right-of-way that would reduce the width of the sidewalk to less than forty-eight (48) inches, exclusive of the top of the curb. No obstruction shall be in a sidewalk or public right-of-way less than six (6) feet in width when the sidewalk is adjacent to the curb.

M. A stationary sidewalk vendor may not occupy more than fifteen (15) square feet on public property or in the public right-of-way.
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N. Vending of counterfeit merchandise is prohibited.

O. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of public property of public right-of-way. No person shall attempt to reserve any portion of any public property or public right-of-way exclusively for his or her operation.

P. Sidewalk vendors shall not leave or maintain any accessories, equipment, or objects used for sidewalk vending purposes on public property or in any portion of the public rightof-way after sunset or before sunrise. Any equipment or objects left overnight on public property or in any portion of the public right-of-way will be considered discarded and may be disposed of by the City.

Q. Sidewalk vendors shall not engage in vending in such a manner as to cause onlookers, customers, or others to obstruct the free flow, access, or view of pedestrian or vehicular traffic.

R. Sidewalk vendors shall not operate in traffic intersections, streets, street medians, or street dividers.

S. Sidewalk vendors shall not stop, operate, or vend within fifty (50) feet of any intersection.

T. Sidewalk vendors shall not stop, operate, or vend within twenty-five (25) feet of any red curb or fire lane.

U. Sidewalk vending in City parks is limited to sidewalks and other paved areas within the park.

V. Sidewalk vendors shall be prohibited from selling food or merchandise at public parks where the City has entered into an agreement for the exclusive sale of food or merchandise with a particular concessionaire.

Section 5.82.040 – Exceptions.

A. The City Manager may issue, upon application, temporary street vending permits to be valid for no longer than the period designated in the special event permit issued by the City.

Notwithstanding the provisions of this chapter, such temporary permits may authorize sale of nonfood items.

Section 5.82.050 – Violations and Penalties.
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A. Every person vending without a sidewalk vending permit or violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. One hundred dollars ($100.00) for a first violation; or

2. Two hundred dollars ($200.00) for a second violation within a period of twelve (12) consecutive calendar months of the first violation; or

3. Five hundred dollars ($500.00) for each additional violation within a period of twelve (12) consecutive calendar months of the first violation.

B. Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the City may levy a lien on the violator’s real or personal property, including the vehicle used for vending purposes.

5.82.060 – Ability-to-Pay Determination.

A. Any fine issued under Section 5.82.050 will be accompanied with a notice of an instruction regarding the right to request an ability-to-pay determination.

B. If the requestor is receiving public benefits under Government Code section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five percent (125%) or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Community Development Director or his or her designee will limit the total amount of the requestor’s administrative fine to twenty percent (20%) of the total and may:

1. Allow the person to complete community service in lieu of paying the total administrative fine; or

2. Waive the administrative fine; or

3. Offer an alternative disposition.

Section 4. Severability. 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.
114
Section 5. Publication and Effective Date. 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 a newspaper of general circulation within fifteen (15) days after its adoption.

Section 6. Effective Date. This Ordinance shall become effective thirty (30) days after passage and adoption pursuant to California Government Code 36937.

ADELANTO PUBLIC UTILITY AUTHORITY
DATE: 07/13/2022
TO: Honorable Chairman and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Angel Castellanos, Director of Finance
SUBJECT: AMI SMART METER INFRASTRUCTRE
STAFF RECOMMENDATION:

Staff recommends approval for Aqua-Metrics to install AMI (Advanced Meter Infrastructure) in the City of Adelanto.

BACKGROUND:

Over the last several years staff has been replacing and upgrading water meters that are at the end of useful life to smart meters. Current water meters have an electronic probe, or touch-read that can easily be adapted into an AMI system. The implementation of this AMI system will allow real time reads, customer portal to monitor consumption and help with water conversation.

FISCAL IMPACT:

This project will be funded through APUA for $1,659,933.40 and has been budgeted.

ATTACHMENTS:

1. Aqua-Metric AMI Implementation

2. Aqua-Metric Sole Source Letter
116
William J Boyd 4050 Flat Rock Drive T: 909 553-1399
District Manager Riverside, Ca 92505 F: 951 784-5317
Western Region [email protected]
www.sensus.com
February 5, 2019
To Whom It May Concern:

Please be advised that Aqua-Metric Sales Company of Riverside, California, is the sole factory authorized distributor representative for all Sensus USA products, parts, and services, including but not limited to, the FlexNet AMI system, iPerl, Ally, SRII, accuStream, and Omni meters, in the Southern California and Clark County Nevada geographic areas.

Customers purchasing Sensus products from Aqua-Metric Sales enjoy full factory warranty coverage as well as the ability to draw from local inventory and obtain local services that the factory cannot provide.

In this way, we hope to provide our customers with the best of both worlds: factory support and technical knowledge coupled with local sourcing and timely service.

We at Sensus USA appreciate your continued business. Should you have any questions regarding this or any other matter, please feel free to contact me at any time.

Sincerely,
William J Boyd
William J. Boyd
District Manager
Sensus USA
(909) 553-1399
117
Sales Quote
Proprietary and Confidential Page 1 of 2
Aqua-Metric Sales Company
Steve Kamiyama - Account Manager
4050 Flat Rock Drive | Riverside CA 92505
Phone: (951) 233-9545 | Facsimile: (951) 637-1400
Quote for: City of Adelanto - PERC Water
Attention: Daniel Best
Address: 11780 Air Expressway
City, State, ZIP: Adelanto CA 92301
Phone:

Project: AMI Implementation
Quantity Description Unit Price Line Total
3 M400 Basestation (Quantity Estimated) $32,500.00 $97,500.00 3 M400 Basestation Installation9 (Quantity and Cost Estimated) $15,000.00 $45,000.00 3 Communication Backhaul10 (Quantity Estimated) (If Necessary) $1,000.00 $3,000.00 2 Sensus CommandLink $655.00 $1,310.00
Setup and Configuration
1 RNI SaaS Setup $7,957.00 $7,957.00
1 RNI Core Education $1,500.00 $1,500.00
1 Sensus Analytics System Setup $5,000.00 $4,500.00
1 Sensus Analytics Basic Integration11 $5,000.00 $4,000.00 1 Sensus Analytics Training $1,000.00 $1,000.00
1 Annual Hosted RNI Software-as-a-Service, Water Only $8,611.00 $8,611.00 1 Annual Sensus Analytics Enhanced, Water Only $8,240.00 $8,240.00 7000 520M Single Port SmartPoint Radio Transmitter $145.00 $1,015,000.00 7000 Installation/Programming of SmartPoint on Existing Sensus Meter $45.00 $315,000.00 1 Work-Order Management Software Programming and Setup $8,250.00 $8,250.00 1 Work-Order Management Software Integration $8,250.00 $8,250.00 7000 Work-Order Management Software Implementation $2.00 $14,000.00 3 Project Management (Monthly) $8,000.00 $24,000.00
$1,567,118.00
Sales Tax: $92,815.40
$1,659,933.40
1 Annual Hosted RNI Software-as-a-Service, Water Only $16,742.00 $16,742.00 1 Annual Sensus Analytics Enhanced, Water Only $14,000.00 $14,000.00 $30,742.00
$30,742.00
This quote for the product and services named above is subject to the following terms:

1. All quotes are subject to the Aqua-Metric Terms of Sale.

Installation Services
Year Two Subtotal:

Year Two Annual Fees: Based on 7,000 Meters
April 5, 2022
Recurring Annual Subscriptions Year 1 ( Up to 5000 SmartPoints) Metering Product
Year One: Phase One and System Setup - AMI Implementation SmartPoint Only Install Year Two Total:

Subtotal:

Total:
118
Sales Quote
Proprietary and Confidential Page 2 of 2
Aqua-Metric Sales Company
Steve Kamiyama - Account Manager
4050 Flat Rock Drive | Riverside CA 92505
Phone: (951) 233-9545 | Facsimile: (951) 637-1400
Quote for: City of Adelanto - PERC Water
Attention: Daniel Best
Address: 11780 Air Expressway
City, State, ZIP: Adelanto CA 92301
Phone:

Project: AMI Implementation
Quantity Description Unit Price Line Total
April 5, 2022

2. Quote is valid for thirty days.

3. Freight allowed on single orders exceeding $10,000.00.

4. Net Thirty Days to Pay

5. Returned product may be subject to a 25% restocking fee.

6. Sales Tax and/or Freight charges are approximated and may vary on final invoice.

7. Minimum 5 year term for SaaS Model with Annual 3% price increase

8. Pricing based on the number of services described herein.

9. Customer to provide electricity to basestations and basestation mounting hardware

10. Customer to provide static IP address and monthly data (SIM) for backhaul communication - Aqua-Metric suggests Verizon Wireless or AT&T

11. Customer's Billing System will provide Billing System Integration pricing directly to the City; Aqua-Metric is unable to determine these costs

12. Pricing does not include staging, product storage, or consumer outreach program

13. Bonding reflects a one year Performance and Payment bond based on the above totals.

14. Any items beyond quote above subject to price negotiations 119

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: July 13, 2022
TO: Honorable Mayor and City Council Members
FROM:

THROUGH:

Jessie Flores, City Manager
Dave Martinez, Development Services Director
Jim Hirsch, Planning Consultant
SUBJECT: GENERAL PLAN AMENDMENT NO. 21-03 (GPA 21-03), (SECOND GPA of 2022) ZONE CHANGE NO. 21-03 (ZC 21-03), AND LOCATION & DEVELOPMENT PLAN NO. 21-33 (LDP 21-33), – Argies West, Inc., Proposal for a General Plan Amendment and Zone Change to change the General Plan and Zoning Designation from Single Family Residential (R-S5) to Medium Density Residential (R3-8) in order to accommodate the uses proposed, and a Location & Development Plan to construct 38 one story apartment units with on-site amenities and dedicate right-of-way on a 4.67-acre site located on the northwest corner of Holly Road and Delicious Ave. in the City of Adelanto, California (APN’s: 3128-201 -17)
STAFF RECOMMENDATION:
• Approve Council Resolution 22-19, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the Argies West , Inc. project pursuant to the California Environmental Quality Act (CEQA); • Approve Council Resolution 22-20, to adopt the findings and approve General Plan Amendment No. 21-03 to change the General Plan Map Land Use Designation on the property from Single Family Residential (R-S5) to Medium Density Residential (R3-8) (Second First Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No. LDP 21-33 for the site layout; adopt findings and dedicate right-of-way; • Introduce First Reading of Ordinance 628 to adopt findings and approve Zone Change No. 21-03 to change the property Zoning Designation from from Single Family Residential (R-S5) to Medium Density Residential (R3-8) .
• Schedule the second reading and adoption of the Ordinance 628 for the next regular council meeting. 120
GPA 21-03, ZC 21-03,
LDP 21-33
City Council Hearing 7/13/22

2 ANALYSIS & REVIEW:

PROJECT BACKGROUND:

The applicant, Mr. Don De Filippo representing Argies West, Inc., is requesting approval of the above entitlements, consisting of GPA 21-03, ZC 21-03, and LDP 21-33 to develop the existing vacant site into into a residential development consisting of 38, one-story apartments and a common open space area that would include a pool, playground and picnic area to serve the apartment complex. The site is currently zoned for and has a General Plan designation of Single Family Residential (R-S5).

The Planning Commission considered the Argies West, Inc. apartment proposal consisting of GPA 21-03, ZC 21-03 and LDP 21-33 at their regularly scheduled meeting on April 20, 2022, and after considerable public input, approved the project unanimously. A copy of the signed Planning Commission Resolution, No. 22-09 is attached as Exhibit A.

PROJECT DESCRIPTION:

Mr. Don De Filippo, representing Argies West, Inc is proposing a General Plan Amendment and Zone Change to change the General Plan and Zoning Designation on a 4.67-acre site, located at the northwest corner of Holly Road and Delicious Ave. from Single Family Residential (R-S5) to Medium Density Residential (R3-8) in order to accommodate aa market rate apartment development consisting of 38, one-story apartment units with on-site amenities.

As shown in Attachment D, the proposed Project includes a total of 19 one-story duplexes. On-site amenities are included with the apartment complex, including include a pool, playground and picnic area to serve the apartment complex. A 20’ road dedication runs along the eastern boundary of the site.

The project requires approval of the following entitlements:
• A General Plan Amendment (GPA 21-03) and Zone Change (ZC 21-03) to amend the General Plan Land Use Map designation and Zoning District from Single Family Residential (R-S5) to Medium Density Residential (R3-8) in order to accommodate the development of proposed uses (in the City of Adelanto, the General Plan Map and Zoning Map are combined into one document; therefore, General Plan amendments and Zone Changes must occur simultaneously); • A Location and Development Plan (LDP 21-19) to approve the site layout and required improvements to facilitate the construction of the proposal

CONSTRUCTION
The proposed project will not be phased and is anticipated to be completed in just over a year. The project construction schedule is summarized in the IS/MND along with the impacts associated with construction. 121
GPA 21-03, ZC 21-03,
LDP 21-33
City Council Hearing 7/13/22

3 PROJECT ANALYSIS:

GENERAL PLAN & ZONING CONSISTENCY:

Currently, the project has a General Plan Land Use Designation and Zoning Classification of Single Family Residential (R-S5). The proposal is to change to Medium Density Residential (R3-8) in order to accommodate an apartment project. The proposed General Plan Amendment and Zone Change will amend the General Plan & Zoning Map changing the Single Family Residential (R-S5) Land Use Designation and Zoning District to Medium Density Residential (R3-8) to accommodate the proposed higher density residential apartment complex use. The proposed General Plan Amendment and Zone Change will provide for a residential land use and zoning that provides a logical higher density transition between the existing lower density single family residential zoning and land uses to the north and the Elementary School to the south and surrounding land to the south and east of the school which are zoned R3-8. Also to the south is land zoned Commercial (C) which could provide neighborhood commercial. The proposed Medium Density Residential (R3-8) land use designation and zoning also helps to further both the State of California and local City goals by providing for additional, more affordable housing options in the City.

As such, the proposed project conforms with the City’s Adelanto North 2035 Sustainable Plan, Chapter 3, Economic Development as well as the State’s Housing Crisis Act legislation, which requires local government agencies to facilitate housing development. As conditioned, the project is also consistent with the surrounding zoning land uses. The project complies with the applicable R3-8 development and design standards, policies and guidelines outlined in the City’s Zoning Code. As such, the proposed project is consistent with the City’s Adelanto North 2035 Sustainable Plan.

DEVELOPMENT STANDARDS:

The proposed project is subject to the development standards of the R3-8 district, which allows for higher density residential uses that offer opportunities for people to live close to schools, near transit stops, walk to neighborhood stores and experience vibrant pedestrian districts. Table 1 below outlines the development standards for the R3-8 zoning district and demonstrates that the project meets or exceeds all standards.

Table 1: R3-8 Development Standards
Development
Standards
Required Provided Complies?
Minimum Project Size, GLA 10,000 SF 207,900 SF Yes
Minimum Lot Width 100’ 330+ Yes
Minimum Lot Depth 100’ 630+ Yes
Minimum Front Setback
• To Building 20’ 20’ Yes
Minimum Side Setback
5’ and 10’ 5’ and 10’ Yes
122
GPA 21-03, ZC 21-03,
LDP 21-33
City Council Hearing 7/13/22

4 Table 1: R3-8 Development Standards
Development
Standards
Required Provided Complies?
Minimum Rear Setback 10’ 20-’9’” Yes
Maximum Building Height 60’ max 25’ Yes
Maximum D.U.’s/Acre 8 du/acre 7.98 du/acre Yes

Minimum Usable Private
Open Space
150 sf/unit 165 sf/unit yes
As shown in Table 1 above, the proposed project meets or exceeds the development standards established for the R3-8 Zoning District.

As shown in Table 1 above, the proposed project meets or exceeds the development standards established for the MU Zoning District.

PARKING, LOADING:

The proposed project must comply with the Parking and Loading Standards of the Chapter 17.65 of the Adelanto Municipal Code (AMC), which requires all R3-8 zoned developments to provide off-street parking and loading facilities as well as handicap parking.

Table 2 below provides a summary of the type and required number of parking stalls provided compared to the number of stalls provided.

Table 2: Parking & Loading Requirements
Uses SF of
Use
Minimum
Code Ratio
Spaces Required Spaces Provided TOTAL
Spaces
Provide
d
Compli
Regular ADA es
(include
d)
Regula
r
ADA
(include
d)
38 Multifamily Units_ 2 spaces per
unit, with 1
space required to be
covered,
76 spaces
with 19
covered
carport
8 76
spaces
in
garage
2/per
unit
8 76 Yes
plus 1 guest
space for
every 2
dwelling
units
19 - 19 - 19 Yes
123
GPA 21-03, ZC 21-03,
LDP 21-33
City Council Hearing 7/13/22

5 - -
plus 3 spaces
for each onsite rental or
sales office
for developments of 100
units or less,
plus 1 additional space
for each additional 100
units or fraction thereof.
3 - 4 - 4 Yes
TOTALS -- 98 8 99 8 99 Yes
The Project would accommodate a total of 99 parking spaces throughout the Project site, which would meet or exceed the parking requirements specified in Section 17.65.060 of the City of Adelanto Municipal Code.

SITE ACCESS/STREET IMPROVEMENTS/ONSITE CIRCULATION:

The proposed project site is a relatively flat, rectangular-shaped property of approximately 4.76-acres located at the northwest corner of Holly Road and Delicious Ave. Access to the proposed Project would be accommodated by two (2) driveways proposed along Holly Road which will both be gated. The project site frontage is improved with curb and gutter. Onsite circulation consists of 26’ wide interior private streets around the multifamily units to provide safe and convenient traffic flow.

6 b. Dedication for street utility purposes to provide for a Residential Major Arterial half-width of 40 feet for the north half of Holly Road along the south boundary of the site.

Street improvements are as follows:
a. Raccoon Court shall be constructed to a 45-foot radius-to-curb, consisting of a minimum of 3 inches of asphalt concrete over 4 inches of Class 2 base material, or per “R” value test for a Traffic Index (TI) of 7.5, whichever is greater, 8" concrete curb and gutters, per City Standard 109 Type C along project frontage. Plan and profile design shall be included in the street plans subject to city approval.

WATER AND SEWER
Water service to the proposed Project would be provided by the Adelanto Public Utility Authority (APUA). The Project will connect to existing water lines in Holly Road. Sewer service to the Project also would be provided by APUA. The Project will connect to the existing sanitary sewer connection to an existing sewer line on Holly Road.

LANDSCAPING AND OPEN SPACE
A common open space area that would include a pool, playground, and picnic area would be centrally located in the development. Other open space lot would be used as a stormwater retention basin. Each unit will be provided a private open space ranging from 165 square feet to 180 square feet. The project landscaping meets the intent of the landscaping design principles established in the North Adelanto 2035 Plan as it improves the visual quality and physical environment of Adelanto North and utilizes sustainable strategies that reflect the desert environment, reduce water and energy consumption. The proposed landscaping also physically enhances the existing and proposed neighborhoods by screening and softening buildings, parking lots, and existing and adjacent neighborhood properties.

BUILDING ARCHITECTURE
The proposed multi-family buildings are up to 25 in height which is well below the maximum height of 60’ established for the R3-8 district.

All of the proposed buildings would feature pitched, reddish brown tile roofs. The walls are proposed to be pacific sand or dove gray stucco. Garage doors, exterior door and window frames will be dark brown to accent the wall colors. The proposed architecture meets the intent of the City’s Design Guidelines by providing articulating rooflines, varied colors and materials and an integrated design between the proposed uses.

The residential units would consist of 32, two-bedroom units and 6, three-bedroom units. Each unit would be provided a private patio area that would range from 165 square feet to 180 square feet. A common open space area that would include a pool, playground, and picnic area would be centrally located in the development. The individual units would include an enclosed two-car garage. In addition, 125
GPA 21-03, ZC 21-03,
LDP 21-33
City Council Hearing 7/13/22

7 a total of 23 guest parking spaces would also be provided.

HYDROLOGY & WATER QUALITY
According to the Federal Emergency Management Agency (FEMA) flood insurance maps obtained for the City of Adelanto, (FIRM) No. 06071C5795H (August 28, 2008), the Project site is located within Flood Zone “D,” which includes areas in which flood hazards are undetermined, but possible (FEMA, 2008). In the City of Adelanto, a limited number of studies have been completed to determine flood hazard information; as a result, much of the city is categorized as not having any flood hazard information.

The project is required to conform to Section 17.93.060 – Runoff Control of the Adelanto Municipal Code.

In addition, stormwater discharges from construction activities that disturb one or more acres, or smaller sites disturbing less than one acre that are part of a common plan of development or sale, are regulated under the National Pollutant Discharge Elimination System (NPDES) storm-water permitting program.

Prior to start of construction, construction operators must obtain coverage under a NPDES permit, which is administered by the State.

DRAINAGE
The project Applicant will also be required to conform to Section 17.93.060 – Runoff Control of the City’s Municipal Code. In addition, stormwater discharges from construction activities that disturb one or more acres, or smaller sites disturbing less than one acre that are part of a common plan of development or sale, are regulated under the National Pollutant Discharge Elimination System (NPDES) stormwater permitting program. Prior to the start of construction, construction operators must obtain coverage under a NPDES permit, which is administered by the State. In order to obtain an NPDES permit, the project Applicant must prepare a Stormwater Pollution Prevention Plan (SWPPP). The County has identified sample construction Best Management Practices (BMPs) that may be included in the mandatory SWPPP.

According to the Federal Emergency Management Agency (FEMA) flood insurance maps obtained for the City of Adelanto, the proposed project site is located in Zone X.34 Thus, properties located in Zone X are not located within a 100-year flood plain. The proposed project site is not located in an area that is subject to inundation by seiche or tsunami. In addition, the project site is located inland more than 70 miles from the Pacific Ocean and the project site would not be exposed to the effects of a tsunami. As a result, the potential impacts will be less than significant. As a result, no impacts are anticipated.

AIR QUALITY
The Project site is located within the Mojave Desert Air Basin (MDAB), which is under the jurisdiction of the Mojave Desert Air Quality Management District. The Mojave Desert Air Quality Management District (MDAQMD) has established quantitative thresholds for short-term (construction) emissions and longterm (operational) emissions for the criteria pollutants. The applicant will be required to obtain any required permits from the Mojave Desert AQMD prior to any construction activities on the project site.

ENVIRONMENTAL CONSIDERATIONS
An Initial Study (IS) was prepared for the project in accordance with the City’s guidelines, which 126
GPA 21-03, ZC 21-03,
LDP 21-33
City Council Hearing 7/13/22

8 implement the California Environmental Quality Act (CEQA). The IS was undertaken for the purpose of determining whether the project may have a significant effect on the environment. On the basis of the IS, staff concluded that the project’s potential significant impacts could be avoided or mitigated to a point where there are clearly no significant effects on the environment through mitigation measures, and that there is no substantial evidence in light of the whole record that the project, as revised may have a significant effect on the environment. As such, a Mitigated Negative Declaration (MND) was prepared with a Mitigation Monitoring and Reporting Program that will be implemented for the proposed project.

As required by State CEQA Guidelines, a Notice of Availability (NOA) for the proposed project was filed with San Bernardino County Clerk of the Board, published and sent to affected agencies and organizations for a thirty (30) day review. During the draft IS/MND review period, the Draft IS/MND was available for public review at the Development Services public counter, and on the City’s website.

Pursuant to §15703 (a) of CEQA, the IS/ MND was circulated for a 30-day period between February 15, 2022, through March 15, 2022 to Responsible Agencies, and interested parties for review and comment and no new effects were identified during the 30-day public comment period.

As of the writing of this report, the City did not receive any comments during the 30-day public review period. All potential effects of the proposed project have been reduced to less than significant levels with implementation of mitigation measures. Therefore, a final Mitigated Negative Declaration has been prepared.

PUBLIC NOTICE
A public hearing notice was sent to adjacent property owners and affected agencies. As of the writing of this report, no other additional comments have been received by staff.

EXHIBITS:

A. Planning Commission Resolution 22-09 recommending approval B. Planning Commission Staff Report
C. City Council Resolution No. 22-19 Adopting the IS/MND D. City Council Resolution No. 22-20 Approving the GPA and LDP E. City Council Ordinance No. 628 Adopting the ZC
F. General Plan and Zoning Designation Map
G. Site Plan and Elevations
H. Conditions of Approvals (Planning, Building, Public Works, Fire) I. Preliminary Landscape Plan
The IS/MND and Associated Studies are on File at the Planning Department and available online at:
https://www.ci.adelanto.ca.us/377/CEQA-Process-Policy
127

ATTACHMENT A
RESOLUTION P-22-09

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF ADELANTO, COUNTY OF SAN

BERNARDINO, STATE OF CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL ADOPT THE

MITIGATED NEGATIVE DECLARATION FOR THE
PROPOSED ARGIES WEST, INC. PROJECT FINDING

THAT THE PROJECT WILL NOT RESULT IN ANY

SIGNIFICANT ADVERSE UNMITIGABLE

ENVIRONMENTAL IMPACTS, AND APPROVE GENERAL
PLAN AMENDMENT NO. GPA 21-03 (SECOND FOR 2022),
ZONE CHANGE NO. ZC 21-03, AND LOCATION AND
DEVELOPMENT PLAN NO. 21-33 SUBJECT TO

CONDITIONS, AND MAKE FINDINGS IN SUPPORT
THEREOF.

WHEREAS, the City of Adelanto recognizes the need to Amend the City of Adelanto General Plan and Zoning Map to facilitate Multi Family development in the City to implement State Housing Crisis Goals and Local Housing and Economic Development Goals; and
WHEREAS, the applicant, Argies West, Inc. has proposed General Plan Amendment No. 21-03 (GPA 21-03), Zone Change No. 21-03 (ZC 21-03), and Location & Development Plan No. 21-33 (LDP 21-33) to change the General Plan and Zoning Designation from Single Family Residential (R-S5) to Medium Density Residential (R3-8) in order to accommodate the use proposed, and a Location & Development Plan to construct 38 apartment units with on-site amenities and dedicate right-of-way on a 4.67-acre site located at the northwest corner of Holly Road and Delicious Ave. in the City of Adelanto, California (APN: 3128-201-17); and
WHEREAS, the applicant has consented to all conditions of approval; and WHEREAS, an Initial Study was prepared to consider potential environmental impacts and based on the environmental information, staff finds that General Plan Amendment No. 21-03, Zoning Change No. 21-03 and Location and Development Plan No. 21-33 could not have significant effects on the environment because required mitigation measures for the Project have been agreed upon by the project proponent; therefore, a Mitigation Negative Declaration was prepared and a Notice of Intent to Adopt a Mitigated Negative Declaration was advertised and circulated on February 15, 2022; and
WHEREAS, the Initial Study identifying the scope of environmental issues was distributed to numerous State, federal, and local agencies and organizations, and to the public, on February 15, 2022 through March 15, 2022 for a period of 30 days, pursuant to California Environmental Quality Act (“CEQA”) Guidelines; and
WHEREAS, on April 20, 2022, the Planning Commission conducted a regularly scheduled and legally noticed public hearing for General Plan Amendment 21-03, Zone Change 128
21-03, and Location and Development Plan 21-33 for the Project; and recommended approval of the project after considering public testimony and accompanying documents; and WHEREAS, the Mitigated Negative Declaration reflects the independent judgment of the Adelanto Planning Commission and is deemed adequate for purposes of making decisions on the merits of General Plan Amendment 21-03, Zone Change 21-03 and Location and Development Plan 21-33; and
WHEREAS, the applicant will observe a Mitigation Monitoring and Reporting Program pursuant to the terms and conditions of approval for the Project; and WHEREAS, all legal prerequisites for the adoption of this resolution have occurred; and
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 by a Mitigated Negative Declaration under the California Environmental Quality Act (CEQA) guidelines. Accordingly, the Planning Commission hereby recommends that the City Council adopt a Mitigated Negative Declaration in accordance with the provisions of CEQA.

Section 3. Based on the information contained in the supporting exhibits, this Commission finds, regarding the proposed, as follows:

General Plan Amendment 21-03
a) That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment.

The amendment is in compliance with State Law and local law and is in the public interest in that the multi-family apartments facilitate the development of housing opportunities in the state and the City, pursuant to the State Housing Crisis and Local Housing Element and implements the Housing Element policies of the City’s General Plan. Further, the General Plan Amendment implements the Policy LC 2.2 of the Adelanto North 2035 Comprehensive Sustainable Plan, in that it encourages medium density residential uses.
b) That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan.

The amendment is consistent with the land use goals, policies, and objectives of the General Plan as it will provide the City with additional housing options consistent with the Housing Element and Economic Development goals, policies and objectives of the General Plan. Further, the proposed amendment implements Program LC-4 in the Adelanto North 2035 Comprehensive Sustainable Plan in that it meets the intent of the City’s Design Guidelines for Medium Density Residential Development.
129
c) That the proposed amendment will not conflict with provisions of the Zoning Code, subdivision regulations, or any applicable specific plan.

The proposed amendment will not conflict with the provisions of the Zoning Code, subdivisions or any applicable specific plan in that the project has been conditioned to meet all applicable zoning regulations.
d) In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties.

The amendment would result in a change to the General Plan land use and Zoning map; however, it will not adversely affect surrounding properties in that it has been conditioned to ensure compatibility with existing and future surrounding land uses.

Zone Change 21-03
a) That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan.

The amendment is consistent with the land use goals, policies, and objectives of the General Plan as it will provide the City with additional housing options which is consistent with the Housing Element and Economic Development goals, policies and objectives of the General Plan.
b) That a proposed zone change will not adversely affect surrounding properties.

The proposed zone change and zoning code amendment will not adversely affect surrounding properties as designed, and the project has been conditioned to ensure compatibility with surrounding properties and meet all applicable zoning regulations.

Location and Development Plan 21-33
a) That the proposed Location and Development Plan (LDP) is consistent with the General Plan.

The proposed LDP, to facilitate the design and construction of a medium density residential development including 38 units on 4.67-acres is consistent with the General Plan in that it implements the goals, policies and objectives of the Housing Element and Economic Development Element of General Plan. b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures.

The proposed General Plan Amendment and Zone Change will provide for a residential land use and zoning that provides a logical higher density transition between the existing lower density single family residential zoning and land uses to the north and the Elementary School to the south and surrounding land to the south 130
and east of the school which are zoned R3-8. Also to the southwest is land zoned Commercial (C) which could provide walkable neighborhood commercial.

c). That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed.

The site for the proposed use is of adequate size and shape in that the overall site is approximately 4.76-acres in size, which far exceeds established minimum development standards.
d) That the proposed use complies with all applicable development standards of the zoning district.

The proposed project has been designed and conditioned to meet all applicable City zoning and development standards for the zoning districts. e) That the proposed use observes the spirit and intent of this Zoning Code.

The proposed project meets the requirements of the Zoning Code. In addition, to ensure all Code requirements are met, conditions of approval have been added requiring that the project meet code requirements and therefore observes the spirit and intent of this zoning code.

Section 4. The Planning Commission hereby recommends that the City Council approve General Plan Amendment 21-03, Zone Change 21-03, and Location and Development Plan 21-33 to allow for the construction of 38 one-story apartment units, and on-site amenities and dedicate right-of-way on a 4.67-acre site located at northwest corner of Holly Road and Delicious Ave in the City of Adelanto, California (APN: 3128-201-17), 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.

ADOPTED, SIGNED, and APPROVED this 20th day of April 2022. __________________________________
Chris Waggener
Chairman of the Planning Commission

___________________________________
Nyeka Allen
131
Secretary, Planning Commission
I, Nyeka Allen, Planning Secretary for the Planning Commission of the City of Adelanto, California, do hereby certify that the foregoing Resolution P-22-09 was duly and regularly adopted at a regular meeting of the Planning Commission of the City of Adelanto on the 20th day of April 2022, by the following vote, to-wit:

AYES: Chair Waggener, Vice-Chair Delgado, Commissioners Mesa, Villa, Soto NOES: none
ABSENT: none
ABSTAIN: none
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 20th day of April 2022.
___________________________________
Nyeka Allen
Secretary to the Planning Commission
132

PLANNING COMMISSION AGENDA REPORT
DATE: April 20, 2022
TO: Honorable Chairman and Members of the Planning Commission FROM:

THROUGH:

BY:

Dave Martinez, Development Services Director
Mary Blais, Planning Consultant
James Hirsch, Planning Consultant
SUBJECT: General Plan Amendment No. 21-03 (GPA 21-03) (Second GPA of 2022), Zone Change No. 21-03 (ZC 21-03), Location & Development Plan No. 21-33 (LDP 21- 33) – Proposal for a General Plan Amendment and Zone Change to change the General Plan and Zoning Designation from Single Family Residential (R-S5) to Medium Density Residential (R3-8) in order to accommodate the uses proposed, and a Location & Development Plan to construct 38 apartment units with onsite amenities and dedicate right-of-way on a 4.67-acre site located on the northwest corner of Holly Road and Delicious Ave.in the City of Adelanto, California (APN: 3128-201-17).

STAFF RECOMMENDATION:

Adopt Resolution 22-09, recommending that City Council Adopt the Initial Study and Mitigated Negative Declaration (MND) and Approve General Plan Amendment No. 21-03 (Second of 2022), Zoning Change No. 21-03 (ZC), Location and Development Plan No. LDP 21-33, based on the findings and subject to conditions of approval.

BACKGROUND:

The applicant, Mr. Don De Filippo representing Argies West, Inc. is requesting approval of the above entitlements to develop the existing vacant site into a residential development consisting of 38, onestory apartments and a common open space area that would include a pool, playground and picnic area to serve the apartment complex. The site is currently zoned for and has a General Plan designation of Single Family Residential (R-S5).

Applicant: Mr. Don De Filippo representing Argies West, Inc General Location: 4.67-acre site located on the northwest corner of Holly Road and Delicious Ave. in the City of Adelanto, California (APN: 3128-201-17).

Environmental
Determination: An Initial Study has been prepared for the proposed project, which 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
133
GPA 21-03, ZC 21-03, LDP 21-33
April 20, 2022

2 determined that, subject to mitigation measures, there is no substantial evidence of adverse environmental effects; therefore, a Mitigation Negative Declaration has been prepared.

Related Cases: None Active
Existing Zoning & Single Family Residential (R-S5) Zoning; Vacant Land Uses:

Surrounding Zoning& General Plan
Designation:

Direction Zoning
North Single Family Residential (R-S5)
South Holly Road Right-of-way, Medium Density
Residential (R3-8), Commercial ( C), Residential R-1
East Delicious Ave. Right-of-way, Single Family
Residential (R-S5)
West Single Family Residential (R-S5)
Surrounding Land Uses:

Direction Land Use
North Vacant
South Holly Road Right-of-way, School, Commercial ( C ) Residential (R1)
East Delicious Ave. Right -of -way, Vacant
West Vacant
ANALYSIS & REVIEW:

PROJECT DESCRIPTION:

Mr. Don De Filippo, representing Argies West, Inc is proposing a General Plan Amendment and Zone Change to change the General Plan and Zoning Designation on a 4.67-acre site, located at the northwest corner of Holly Road and Delicious Ave. from Single Family Residential (R-S5) to Medium Density Residential (R3-8) in order to accommodate an apartment development consisting of 38, one-story apartment units with on-site amenities.

The project requires approval of the following entitlements:
134
GPA 21-03, ZC 21-03, LDP 21-33
April 20, 2022

3 • A General Plan Amendment (GPA 21-03) and Zone Change (ZC 21-03) to amend the General Plan Land Use Map designation and Zoning District from Single Family Residential (R-S5) to Medium Density Residential (R3-8) in order to accommodate the development of proposed uses (in the City of Adelanto, the General Plan Map and Zoning Map are combined into one document; therefore, General Plan amendments and Zone Changes must occur simultaneously); • A Location and Development Plan (LDP 21-19) to approve the site layout and required improvements to facilitate the construction of the proposal

PROJECT ANALYSIS:

GENERAL PLAN & ZONING CONSISTENCY:

DEVELOPMENT STANDARDS
The proposed project is subject to the development standards of the R3-8 district, which allows for higher density residential uses that offer opportunities for people to live close to schools, near transit stops, walk to neighborhood stores and experience vibrant pedestrian districts. Table 1 below outlines the development standards for the R3-8 zoning district and demonstrates that the project meets or exceeds all standards.
135
GPA 21-03, ZC 21-03, LDP 21-33
April 20, 2022

4 Table 1: R3-8 Development Standards
Development
Standards
Required Provided Complies?
Minimum Project Size, GLA 10,000 SF 207,900 SF Yes
Minimum Lot Width 100’ 330+ Yes
Minimum Lot Depth 100’ 630+ Yes
Minimum Front Setback
• To Building 20’ 20’ Yes
Minimum Side Setback
5’ and 10’ 5’ and 10’ Yes
Minimum Rear Setback 10’ 20-’9’” Yes
Maximum Building Height 60’ max 25’ Yes
Maximum D.U.’s/Acre 8 du/acre 7.98 du/acre Yes

Minimum Usable Private
Open Space
150 sf/unit 165 sf/unit yes
As shown in Table 1 above, the proposed project meets or exceeds the development standards established for the R3-8 Zoning District.

PARKING, LOADING
The proposed project must comply with the Parking and Loading Standards of the Chapter 17.65 of the Adelanto Municipal Code (AMC), which requires all R3-8 zoned developments to provide off-street parking and loading facilities as well as handicap parking.

Table 2 below provides a summary of the type and required number of parking stalls provided compared to the number of stalls provided.

Table 2: Parking & Loading Requirements
Uses SF of
Use
Minimum
Code Ratio
Spaces Required Spaces Provided TOTAL
Spaces
Provide
d
Compli
Regular ADA es
(include
d)
Regula
r
ADA
(include
d)
38 Multifamily Units_ 2 spaces per
unit, with 1
space required to be
covered,
76 spaces
with 19
covered
carport
8 76
spaces
in
garage
2/per
unit
8 76 Yes
plus 1 guest
space for
19 - 19 - 19 Yes
136
GPA 21-03, ZC 21-03, LDP 21-33
April 20, 2022

5 Table 2: Parking & Loading Requirements
Uses SF of
Use
Minimum
Code Ratio
Spaces Required Spaces Provided TOTAL
Spaces
Provide
d
Compli
Regular ADA es
(include
d)
Regula
r
ADA
(include
d)
every 2
dwelling
units
plus 3 spaces
for each onsite rental or
sales office
for developments of 100
units or less,
plus 1 additional space
for each additional 100
units or fraction thereof.
3 - 4 - 4 Yes
TOTALS -- 98 8 99 8 99 Yes
The Project would accommodate a total of 99 parking spaces throughout the Project site, which would meet or exceed the parking requirements specified in Section 17.65.060 of the City of Adelanto Municipal Code.

SITE ACCESS/STREET IMPROVEMENTS/ONSITE CIRCULATION
The proposed project site is a relatively flat, rectangular-shaped property of approximately 4.76-acres located at the northwest corner of Holly Road and Delicious Ave. Access to the proposed Project would be accommodated by two (2) driveways proposed along Holly Road which will both be gated. The project site frontage is improved with curb and gutter. Onsite circulation consists of 26’ wide interior private streets around the multifamily units to provide safe and convenient traffic flow.

Street dedications are as follows:
a. Dedication for street utility purposes to provide for a Residential Collector half-width of 2 feet for the west half of Delicious Street along the east boundary of the site. b. Dedication forstreet utility purposes to provide for a Residential Major Arterial half-width of 40 feet for the north half of Holly Road along the south boundary of the site. 137
GPA 21-03, ZC 21-03, LDP 21-33
April 20, 2022

6 Street improvements are as follows:
a. Raccoon Court shall be constructed to a 45-foot radius-to-curb, consisting of a minimum of 3 inches of asphalt concrete over 4 inches of Class 2 base material, or per “R” value test for a Traffic Index (TI) of 7.5, whichever is greater, 8" concrete curb and gutters, per City Standard 109 Type C along project frontage. Plan and profile design shall be included in the street plans subject to city approval.

BUILDING ARCHITECTURE
The proposed multi-family buildings are up to 25 in height which is well below the maximum height of 60’ established for the R3-8 district.

The residential units would consist of 32, two-bedroom units and 6, three-bedroom units. Each unit would be provided a private patio area that would range from 165 square feet to 180 square feet. A common open space area that would include a pool, playground, and picnic area would be centrally located in the development. The individual units would include an enclosed two-car garage. In addition, a total of 23 guest parking spaces would also be provided.

HYDROLOGY & WATER QUALITY
138
GPA 21-03, ZC 21-03, LDP 21-33
April 20, 2022

7 According to the Federal Emergency Management Agency (FEMA) flood insurance maps obtained for the City of Adelanto, (FIRM) No. 06071C5795H (August 28, 2008), the Project site is located within Flood Zone “D,” which includes areas in which flood hazards are undetermined, but possible (FEMA, 2008). In the City of Adelanto, a limited number of studies have been completed to determine flood hazard information; as a result, much of the city is categorized as not having any flood hazard information.

The project is required to conform to Section 17.93.060 – Runoff Control of the Adelanto Municipal Code.

Prior to start of construction, construction operators must obtain coverage under a NPDES permit, which is administered by the State.

ENVIRONMENTAL CONSIDERATIONS
An Initial Study (IS) was prepared for the project in accordance with the City’s guidelines, which implement the California Environmental Quality Act (CEQA). The IS was undertaken for the purpose of determining whether the project may have a significant effect on the environment. On the basis of the IS, staff concluded that the project’s potential significant impacts could be avoided or mitigated to a point where there are clearly no significant effects on the environment through mitigation measures, 139
GPA 21-03, ZC 21-03, LDP 21-33
April 20, 2022

8 and that there is no substantial evidence in light of the whole record that the project, as revised may have a significant effect on the environment. As such, a Mitigated Negative Declaration (MND) was prepared with a Mitigation Monitoring and Reporting Program that will be implemented for the proposed project.

PUBLIC NOTICE
A public hearing notice was sent to adjacent property owners and affected agencies. As of the writing of this report, no other additional comments have been received by staff.

ATTACHMENTS:

A. Planning Commission Resolution P-22-09
B. Conditions of Approval (Exhibit A to Resolution P-22-09) C. General Plan and Zoning Designation Map
D. Site Plan, Landscaping Plan, Architecture
E. Draft City Council Resolution No. 22-19 Adopting the IS/MND F. Draft City Council Resolution No. 22-20 Approving the GPA and LDP G. Draft City Council Ordinance No. 628 Adopting the ZC H. Preliminary Landscape Plan
The IS/MND and Associated Studies are on File at the Planning Department and available online at:
https://www.ci.adelanto.ca.us/377/CEQA-Process-Policy
140

EXHIBIT C
COUNCIL RESOLUTION NO. 22-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ADELANTO, COUNTY OF SAN BERNARDINO,

CALIFORNIA ADOPTING THE INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION FOR THE
PROPOSED ARGIES WEST, INC. PROJECT LOCATED ON
A 4.67-ACRE SITE AT THE NWC OF HOLLY ROAD AND
DELICIOUS AVE. IN THE CITY OF ADELANTO,
CALIFORNIA (APN: 3128-201-17) AND MAKING FINDINGS

IN SUPPORT THEREOF
WHEREAS, the applicant, Don De Filippo representing Argies West, Inc. has initiated the filing of a General Plan Amendment No. 21-03 and Zone Change No. 21-03 to change the General Plan Land Use Designation on the General Plan Land Use and Zoning Map from Single Family Residential (R-S5) to Medium Density Residential (R3-8) in order to accommodate a medium density residential development, a Location & Development Plan No. 21-33 to construct 38, one-story apartment units and on-site amenities and dedicate right-of-way on a 4.67-acre site located at northwest corner of Holly Road and Delicious Ave. in the City of Adelanto, California (APN: 3128-201-17); and;
WHEREAS, the City of Adelanto, as lead agency, determined that an Initial Study should be prepared pursuant to the California Environmental Quality Act (“CEQA”) in order to analyze all adverse environmental impacts of the proposed Argies West, Inc. Project; and WHEREAS, an Initial Study identifying the scope of environmental issues was distributed to numerous State, federal, and local agencies and organizations, and the public for a thirty (30) day review. from February 15, 2022 through March 15, 2022, pursuant to State CEQA Guidelines pursuant to State CEQA Guidelines; and
WHEREAS, the Initial Study and Mitigated Negative Declaration reflect the independent judgment and analysis of the City Council of the City of Adelanto and are deemed adequate for purposes of making decisions on the merits of the proposed Argies West, Inc. project and accompanying actions; and
WHEREAS, on April 20, 2022, the Planning Commission conducted a regularly scheduled and legally noticed public hearing for General Plan Amendment No. 21-03, Zone Change No. 21-03 and Location & Development Plan No. 21-33 and recommended approval of the project after considering public testimony and accompanying documents; and WHEREAS, the applicant will observe a Mitigation Monitoring and Reporting Program pursuant to the terms and conditions of approval for the Argies West, Inc. Project; and WHEREAS, all legal prerequisites for the adoption of this resolution have occurred; 141

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

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

SECTION 2. The City Council has reviewed and considered the staff report and accompanying materials prior to taking action on the proposed Initial Study and Mitigated Negative Declaration, General Plan Amendment No. 21-03, Zone Change No. 21-03 and Location & Development Plan No. 21-33. The City Council further finds that the City Council’s determinations reflect the independent judgment of the City Council.

SECTION 3. The City Council hereby finds and determines that the Mitigated Negative Declaration for General Plan Amendment No. 21-03, Zone Change No. 21-03 and Location & Development Plan No. 21-33 issupported by the Initial Study, which evaluatesthe potential effects on the physical environment of the proposed Project and its associated discretionary approvals and determines that the proposed Argies West, Inc. project would not have a significant effect on the environment after implementation of mitigation measures.

SECTION 4. For the foregoing reasons, the City Council hereby adopts the Initial Study and Mitigated Negative Declaration for the proposed Argies West, Inc.project. The Initial Study and Mitigated Negative Declaration, and all documents and other materials that constitute the record of its proceedings, will be stored at City of Adelanto Hall at the under the custody of City of Adelanto.

SECTION 5. The City Council furthermore adopts the Mitigation Monitoring and Reporting Program pursuant to the terms and conditions of approval for the Argies West, Inc. project.

SECTION 6. The Mayor shall sign this Resolution, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, and ADOPTED by the City Council this 13 day of July, 2022 by the City of Adelanto.
______________________________
Gabriel Reyes, Mayor
______________________________
Brenda Lopez, City Clerk
142
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing General Plan Amendment was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 13 day of July, 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 13 day of July , 2022.
____________________________________
Brenda Lopez, City Clerk
143

EXHIBIT D
COUNCIL RESOLUTION NO. 22-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ADELANTO, COUNTY OF SAN BERNARDINO,

CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 21-03 TO CHANGE THE GENERAL

PLAN LAND USE DESIGNATION FROM SINGLE
FAMILY RESIDENTIAL (R-S5) TO MEDIUM DENSITY
RESIDENTIAL (R3-8) ON THE GENERAL PLAN LAND

USE AND ZONING MAP AND APPROVE LOCATION AND
DEVELOPMENT PLAN NO. 21-33, TO CONSTRUCT A

MEDIUM DENSITY RESIDENTIAL DEVELOPMENT AND
DEDICATE RIGHT-OF-WAY FOR A 4.67-ACRE SITE

LOCATED AT THE NWC OF HOLLY ROAD AND
DELICIOUS AVE. IN THE CITY OF ADELANTO,
CALIFORNIA (APN: 3128-201-17) AND MAKING

FINDINGS IN SUPPORT THEREOF (SECOND

AMENDMENT TO THE GENERAL PLAN LAND USE
ELEMENT FOR THE YEAR.)
WHEREAS, the applicant, Argies West, Inc. has initiated a a General Plan Amendment to change the General Plan Land Use Designation on the General Plan Land Use and Zoning Map from Single Family Residential (R-S5) to Medium Density Residential (R3-8) in order to accommodate the use proposed, and a Location & Development Plan to construct 38 apartment units with on-site amenities and dedicate right-of-way on a 4.67-acre site located at the northwest corner of Holly Road and Delicious Ave. in the City of Adelanto, California (APN:
3128-201-17); and
WHEREAS, the City of Adelanto recognizes the need to Amend the City of Adelanto General Plan Land Use and Zoning Map to facilitate higher density residential development in the City pursuant to a Location and Development Plan 21-33; and WHEREAS, on April 20,2022 the Planning Commission conducted a regularly scheduled and legally noticed public hearing for General Plan Amendment No. 21-03, Zone Change No. 21-03 and Location and Development Plan No. 21-33 for the Project, and recommended approval of the Argies West, Inc. project after considering public testimony and accompanying documents; and
WHEREAS, the City of Adelanto, as lead agency, determined that an Initial Study should be prepared pursuant to the California Environmental Quality Act (“CEQA”) in 144
4849-5656-1102, v. 6
order to analyze all adverse environmental impacts of the proposed Argies West, Inc.

Project; and
WHEREAS, a Notice of Intent to Adopt the Initial Study and Mitigated Negative Declaration identifying the scope of environmental issues was distributed to numerous State, federal, County and local agencies and organizations on for a thirty (30) day review. from February 15, 2022 through March 15, 2022 pursuant to State CEQA Guidelines; and WHEREAS, the Initial Study and Mitigated Negative Declaration reflect the independent judgment of the City Council of the City of Adelanto and are deemed adequate for purposes of making decisions on the merits of the proposed Project and accompanying actions; and
WHEREAS, all legal prerequisites for the adoption of this resolution have occurred;

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

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

SECTION 2. The City Council has reviewed and considered the staff report and accompanying materials prior to taking action on the proposed General Plan Amendment No. 21-03 and Location and Development Plan No. 21-33. The City Council further finds that the City Council’s determinations reflect the independent judgment of the City Council.

SECTION 3. The City Council hereby finds and determines that:

FOR GENERAL PLAN AMENDMENT NO. 21-03
a) That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment.

The amendment complies with State Law and local law and is in the public interest in that the multi-family apartments facilitate the development of housing opportunities in the state and the City, pursuant to the State Housing Crisis and Local Housing Element and implements the Housing Element policies of the City’s General Plan.. Further, the General Plan Amendment implements the Policy LC 2.2 of the Adelanto North 2035 Comprehensive Sustainable Plan, in that it encourages higher density residential uses in the City.
b) That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan.

The amendment is consistent with the land use goals, policies, and objectives of the General Plan as it will provide the City with additional housing options, which is consistent with the Housing Element and Economic Development goals, policies and objectives of the General Plan. Further, the proposed amendment implements Program LC-4 in the Adelanto North 2035 Comprehensive Sustainable Plan in that it meets the intent of the City’s Design Guidelines for Residential Development. 145
4849-5656-1102, v. 6
c) That the proposed amendment will not conflict with provisions of the Zoning Code, subdivision regulations, or any applicable specific plan.

FOR LOCATION AND DEVELOPMENT PLAN 21-33
a) That the proposed Location and Development Plan (LDP) is consistent with the General Plan.

The proposed LDP, to facilitate the design and construction of a medium density residential development including 38 units, on 4.57-acres is consistent with the General Plan in that it implements the goals, policies and objectives of the Housing Element and Economic Development Element of General Plan. b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures.

The proposed project will not adversely affect or be materially detrimental to adjacent residential properties to the north, in that the project has been conditioned to mitigate potential impacts and provides a logical density transition between the existing lower density single family residential zoning and land uses to the north and the Elementary School to the south and surrounding land to the south and east which are zoned Medium Density Residential. Further, the project has been conditioned to ensure that it will not adversely affect adjacent uses. c). That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed.

The site for the proposed use is of adequate size and shape in that the overall site is approximately 4.67-acres in size, which far exceeds established minimum development standards.
146
4849-5656-1102, v. 6
d) That the proposed use complies with all applicable development standards of the zoning district.

SECTION 4. The Mayor shall sign this Resolution, and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, and ADOPTED by the City Council this 13 day of July, 2022 by the City of Adelanto.
______________________________
Gabriel Reyes, Mayor
______________________________
Brenda Lopez, City Clerk
147
4849-5656-1102, v. 6
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing General Plan Amendment was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 13 of July , 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 13 day of July, 2022.
____________________________________
Brenda Lopez, City Clerk
148
EXHIBIT E.

ORDINANCE NUMBER 628

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, APPROVING ZONE CHANGE NO. 21-03

CHANGING THE ZONE ON THE GENERAL PLAN LAND USE

MAP AND ZONING MAP FROM SINGLE FAMILY RESIDENTIAL
(R-S5) TO MEDIUM DENSITY RESIDENTIAL (R3-8) TO

FACILITATE A MEDIUM DENSITY RESIDENTIAL
DEVELOPMENT FOR A 4.67-ACRE SITE LOCATED AT THE NWC

OF HOLLY ROAD AND DELICIOUS AVE IN THE CITY OF
ADELANTO, CALIFORNIA (APN: 3128-201-17) AND MAKING

FINDINGS IN SUPPORT THEREOF
WHEREAS, the applicant, Argies West, Inc. has initiated a Zone Change, No. 21- 03 to the General Plan Land Use and Zoning Map from Single Family Residential (R-S5) to Medium Density Residential (R3-8) in order to accommodate a medium density residential development on a 4.67 -acre site located at the northwest corner of Holly Road and Delicious Ave. in the City of Adelanto, California (APN: 3128-201-17); and WHEREAS, on April 20, 2022 the Planning Commission conducted a regularly scheduled and legally noticed public hearing for Zone Change 21-03, including General Plan Amendment No. 21-03 and Location and Development Plan No. 21-33 for the Project and recommended approval of the proposed Project after considering public testimony and accompanying documents; and
WHEREAS, the City of Adelanto, as lead agency, determined that an Initial Study should be prepared pursuant to the California Environmental Quality Act (“CEQA”) in order to analyze all adverse environmental impacts of the Project; and WHEREAS, a Notice of Intent to Adopt the Initial Study and Mitigated Negative Declaration identifying the scope of environmental issues was distributed to numerous State, federal, County and local agencies and organizations on for a thirty (30) day review. from February 15 2022 through March 15, 2022, pursuant to State CEQA Guidelines; and WHEREAS, the Initial Study and Mitigated Negative Declaration reflect the independent judgment of the City Council of the City of Adelanto and are deemed adequate for purposes of making decisions on the merits of the proposed Argies West, Inc., Project and accompanying actions; and
WHEREAS, on July 13, 2022, the City Council conducted a duly noticed public hearing on the proposed Zone Change No. 21-03 and considered testimony and materials in the staff report and accompanying documents and exhibits; and WHEREAS, all legal prerequisites for the adoption of this ordinance have occurred.
149
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Adelanto as follows:

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

Section 2. The City Council has reviewed and considered the staff report and accompanying materials prior to taking action on the proposed Zone Change No. 21-03. The City Council further finds that the City Council’s determinations reflect the independent judgment of the City Council.

Section 3. The City Council hereby finds and determines that:
(a) The proposed Zone Change No. 21-03 is consistent with the goals, policies, and objectives of the General Plan.

The amendment is consistent with the land use goals, policies, and objectives of the General Plan as it will provide the City with additional housing options which is consistent with the Housing Element and Economic Development goals, policies and objectives of the General Plan.
(b) The proposed Zone Change No. 21-03 will not adversely affect surrounding properties.

The proposed Zone Change No. 21-03 will not adversely affect surrounding properties in that it has been conditioned to ensure compatibility with future surrounding land uses.

Section 4. The Mayor shall sign and the Secretary shall certify to the passage and adoption of this Zone Change.

PASSED, APPROVED AND ADOPTED this 13 of July 2022, by the City of Adelanto. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
150
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Zoning Code Amendment was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 13 of July 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 13 day of July , 2022.
______________________________
Brenda Lopez, City Clerk
151
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DESERT
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¨¦§395
1in=µ780 feet
LDP21-33,GPA21-03&ZC21-03
152
630'

PRIVATE STREET
20' ROAD DEDICATION
GATE

PRIVATE STREET
(ERW)
PL
PL
PL
PL
PL PL

PL PL PL PL PL

ROW ROW ROW
HOLLY AVE.

GATE
7 GUEST

PARKING
5 GUEST

PARKING
6 GUEST

PARKING
5 GUEST

PARKING
26' 26' 26'
330'
5'
5'
LAWN
CABANA

SWIMMING
POOL
KID'S

PLAYGROUND
BBQ
TRASH
TRASH

FH COMMON
AREA
12600
SQ.FT.

CL CL 40' 40' 30' 10' 12 9
10 13
14 17
18 21
22 29
30 78 34 56
15 16
19 20
25 26
11 12
23 24
27 28
31 32
33 34
35 36
37 38
10' 20'
20'-9"
8' 8'

LINE OF DEDICATION
80' 10'15'

FH FIRE HYDRANT
PRIVATE PATIO 180 SQ. FT.

PER UNIT
UNIT #
1-32
BEDROOMS 2
33-38 3
TOTAL: 38 APARTMENT UNITS
# ISSUED FOR:

DESIGN DEVELOPMENTPROGRESS %

BIDDING
PERMIT

CONSTRUCTION DOCUMENT
CLIENT
PLANNING - DESIGN 31220 La Baya Dr. Unit #113 Westlake Village, CA 91362 Tel.: 818.825.6826 [email protected] A-1

OF SHEETS
DRAWN BY:

PROJECT NO.

PERMIT #:

CHECKED SHEET TITLE
DATE:

SEPTEMBER 1, 2021
DD -

PROPOSED SITE PLAN
SCALE: 1/32"= 1'-0"

PROPOSED SITE PLAN
APN: 3128-201-17

CITY OF ADELANTO, CA
153
TUB
TUB
NOOK
ISLAND
WIC

MASTER BEDROOM BEDROOM LAUNDRY

FAMILY ROOM
2 CAR GARAGE

LIVING ROOM

PRIVATE PATIO
180 SQ FT
WIC

FIREPLACE
TUB
TUB
NOOK
ISLAND
WIC

BEDROOM

MASTER BEDROOM

LAUNDRY

FAMILY ROOM
2 CAR GARAGE

LIVING ROOM

PRIVATE PATIO
180 SQ FT
WIC

FIREPLACE
15'-10" 3'-5" 1'-1" 1'-7" 6' 5'-11" 3'-7" 2'-11" 21'
20'-4" 20' 21'
61'-4"
3'-10" 5'-5" 4'-9" 3'-2" 4'-9" 5'-5" 3'-9" 3'-9" 5'-5" 4'-9" 3'-2" 4'-9" 5'-5" 3'-10" 31' 31'
62'
2'-6" 16' 2'-6" 5" 3' 7" 5' 1'-1"1'-1" 5' 7" 3' 5" 2'-6" 16' 2'-6" 21' 20' 21'
62'
20'
20'
20'
20'
11'-6" 9'-6"
21'
24'
12'-1" 5' 12'
14'
10'-8"
10'-8" 4'-4" 5'-4"
5' 9' 5'-4"
5'
9'-6" 11'-6"
21'
24'
12' 5' 12'-1"
14'
10'-8"
10'-8"
4'-4"
5'-4"
5'
5'-4" 9' 5'
15'-10" 3'-5" 2'-8" 6' 5'-11" 3'-7" 2'-11" 21'
20'-4" 20' 21'
61'-4"
# ISSUED FOR:

DESIGN DEVELOPMENTPROGRESS %BIDDINGPERMITCONSTRUCTION DOCUMENTCLIENT PLANNING - DESIGN 31220 La Baya Dr. Unit #113 Westlake Village, CA 91362 Tel.: 818.825.6826 [email protected] A-2

OF SHEETS
DRAWN BY:

PROJECT NO.

PERMIT #:

CHECKED SHEET TITLE
DATE:

SEPTEMBER 1, 2021
DD
2 BEDROOM APARTMENT UNIT - SCALE: 1/4"= 1'-0"
AREA: 1080 SQ.FT.

APN: 3128-201-17

CITY OF ADELANTO, CA
TYPICAL 2 BEDROOM APARTMENT FLOOR PLAN
154

KITCHEN
ISLAND

DINING ROOM

BATHROOM

BEDROOM

PRIVATE PATIO
165 SQ FT TUB
TUB

BEDROOM

MASTER BEDROOM
MASTER

BATHROOM WIC

LAUNDRY

FAMILY ROOM
2 CAR GARAGE CLOSET
CLOSET

LIVING ROOM

FIREPLACE
5'-1" 5'-3" 4'-4" 3'-8" 4'-9" 5'-8" 5'-8" 5'-2" 2'-7" 4'-9" 5'-2" 2' 21' 42'-2" 11'-10" 21'
75'
2'-6" 16' 2'-6" 5" 3' 1'-1" 4' 1'-7"
21'
5'-5" 5'-5" 7'-10" 3'-9" 5'-5" 3'-2"
18'-8"
20'
20'
14'
11'-10"
30'
9' 21' 9'-7" 12'-4"
22'
11'-5"
13'-9"
17'-8"
12'-10"
8'-4"
6'
5' 6'
11'-11"
13' 5'-7"
9'-6"
3'-6"

KITCHEN
ISLAND

DINING ROOM

BATHROOM

BEDROOM

PRIVATE PATIO
165 SQ FTTUB
TUB

BEDROOM

MASTER BEDROOM
MASTER

WIC BATHROOM

LAUNDRY

FAMILY ROOM
2 CAR GARAGE CLOSET
CLOSET

LIVING ROOM

FIREPLACE
5'-1" 5'-3" 4'-4" 3'-8" 4'-9" 5'-8" 5'-8" 5'-2" 2'-7" 4'-9" 5'-2" 2' 21' 42'-2" 11'-10" 21'
75'
1'-7" 4' 1'-1" 3' 5" 2'-6" 16' 2'-6"
21'
3'-2" 5'-5" 3'-9" 7'-10" 5'-5" 5'-5"
18'-8"
20'
20'
14'
11'-10"
30'
21' 9' 9'-7" 12'-4"
22'
11'-5"
13'-9"
17'-8"
12'-10"
8'-4"
6'
5' 6'
11'-11"
13' 5'-7"
9'-6"
3'-6"
24'-7"
62'
20'
62'
# ISSUED FOR:

DESIGN DEVELOPMENTPROGRESS %BIDDINGPERMITCONSTRUCTION DOCUMENTCLIENT PLANNING - DESIGN 31220 La Baya Dr. Unit #113 Westlake Village, CA 91362 Tel.: 818.825.6826 [email protected] A-3

OF SHEETS
DRAWN BY:

PROJECT NO.

PERMIT #:

CHECKED SHEET TITLE
DATE:

SEPTEMBER 1, 2021
DD - TYPICAL 3 BEDROOM APARTMENT FLOOR PLAN
3 BEDROOM APARTMENT UNIT
SCALE: 1/4"= 1'-0"
AREA: 1380 SQ.FT.

APN: 3128-201-17

CITY OF ADELANTO, CA
155
[2] LA HABRA,
PAREX, 97

PACIFIC SAND,
STUCCO
[1] LIGHTWEIGHT

CLAY TILE, BORAL
ClayMax El Camino
Blend
[3] LA HABRA,
PAREX,
40 DOVE GRAY,
STUCCO
[4]AMARR'S, FLUSH PANEL

STEEL GARAGE DOOR, DARK
BROWN
[5]MILGARD, TRINSIC™ | V300

HORIZONTAL SLIDER,CLASSIC

BROWN, VINYL WINDOW
[7]DOMADECO, FARGO 26C,

DARK BROWN, METAL DOOR
[1] LIGHTWEIGHT

CLAY TILE, BORAL
ClayMax El Camino
Blend
[2] LA HABRA,
PAREX, 97

PACIFIC SAND,
STUCCO
[3] LA HABRA,
PAREX,
40 DOVE GRAY,
STUCCO
[5]MILGARD, TRINSIC™ | V300

HORIZONTAL SLIDER,CLASSIC

BROWN, VINYL WINDOW
[6]MILGARD, TRINSIC™ | V300

HORIZONTAL SLIDER,CLASSIC

BROWN, VINYL GLASS DOOR
# ISSUED FOR:

DESIGN DEVELOPMENTPROGRESS %BIDDINGPERMITCONSTRUCTION DOCUMENTCLIENT PLANNING - DESIGN 31220 La Baya Dr. Unit #113 Westlake Village, CA 91362 Tel.: 818.825.6826 [email protected] A-4

OF SHEETS
DRAWN BY:

PROJECT NO.

PERMIT #:

CHECKED SHEET TITLE
DATE:

SEPTEMBER 1, 2021
DD
- 2 BEDROOM APARTMENT ELEVATIONS APN: 3128-201-17

CITY OF ADELANTO, CA
2 BEDROOM APARTMENT FRONT ELEVATION
SCALE: 3/8"= 1'-0"
2 BEDROOM APARTMENT SIDE ELEVATION
SCALE: 3/8"= 1'-0"
156
[1] LIGHTWEIGHT

CLAY TILE, BORAL
ClayMax El Camino
Blend
[2] LA HABRA,
PAREX, 97

PACIFIC SAND,
STUCCO
[3] LA HABRA,
PAREX,
40 DOVE GRAY,
STUCCO
[5]MILGARD, TRINSIC™ | V300

HORIZONTAL SLIDER,CLASSIC

BROWN, VINYL WINDOW
[6]MILGARD, TRINSIC™ | V300

HORIZONTAL SLIDER,CLASSIC

BROWN, VINYL GLASS DOOR
[1] LIGHTWEIGHT

CLAY TILE, BORAL
ClayMax El Camino
Blend
[2] LA HABRA,
PAREX, 97

PACIFIC SAND,
STUCCO
[3] LA HABRA,
PAREX,
40 DOVE GRAY,
STUCCO
[5]MILGARD, TRINSIC™ | V300

HORIZONTAL SLIDER,CLASSIC

BROWN, VINYL WINDOW
# ISSUED FOR:

DESIGN DEVELOPMENTPROGRESS %BIDDINGPERMITCONSTRUCTION DOCUMENTCLIENT PLANNING - DESIGN 31220 La Baya Dr. Unit #113 Westlake Village, CA 91362 Tel.: 818.825.6826 [email protected] A-5

OF SHEETS
DRAWN BY:

PROJECT NO.

PERMIT #:

CHECKED SHEET TITLE
DATE:

SEPTEMBER 1, 2021
DD - 2 BEDROOM APARTMENT ELEVATIONS APN: 3128-201-17

CITY OF ADELANTO, CA
2 BEDROOM APARTMENT SIDE ELEVATION
SCALE: 3/8"= 1'-0"
2 BEDROOM APARTMENT BACK ELEVATION
SCALE: 3/8"= 1'-0"
157
[1] LIGHTWEIGHT

CLAY TILE, BORAL
ClayMax El Camino
Blend
[2] LA HABRA,
PAREX, 97

PACIFIC SAND,
STUCCO
[3] LA HABRA,
PAREX,
40 DOVE GRAY,
STUCCO
[4]AMARR'S, FLUSH PANEL

STEEL GARAGE DOOR, DARK
BROWN
[5]MILGARD, TRINSIC™ | V300

HORIZONTAL SLIDER,CLASSIC

BROWN, VINYL WINDOW
[7]DOMADECO, FARGO 26C,

DARK BROWN, METAL DOOR
[1] LIGHTWEIGHT

CLAY TILE, BORAL
ClayMax El Camino
Blend
[2] LA HABRA,
PAREX, 97

PACIFIC SAND,
STUCCO
[3] LA HABRA,
PAREX,
40 DOVE GRAY,
STUCCO
[5]MILGARD, TRINSIC™ | V300

HORIZONTAL SLIDER,CLASSIC

BROWN, VINYL WINDOW
# ISSUED FOR:

DESIGN DEVELOPMENTPROGRESS %BIDDINGPERMITCONSTRUCTION DOCUMENTCLIENT PLANNING - DESIGN 31220 La Baya Dr. Unit #113 Westlake Village, CA 91362 Tel.: 818.825.6826 [email protected] A-6

OF SHEETS
DRAWN BY:

PROJECT NO.

PERMIT #:

CHECKED SHEET TITLE
DATE:

SEPTEMBER 1, 2021
DD - 3 BEDROOM APARTMENT ELEVATIONS APN: 3128-201-17

CITY OF ADELANTO, CA
3 BEDROOM APARTMENT FRONT ELEVATION
SCALE: 3/8"= 1'-0"
3 BEDROOM APARTMENT SIDE ELEVATION
SCALE: 3/8"= 1'-0"
158
[1] LIGHTWEIGHT

CLAY TILE, BORAL
ClayMax El Camino
Blend
[2] LA HABRA,
PAREX, 97

PACIFIC SAND,
STUCCO
[3] LA HABRA,
PAREX,
40 DOVE GRAY,
STUCCO
[5]MILGARD, TRINSIC™ | V300

HORIZONTAL SLIDER,CLASSIC

BROWN, VINYL WINDOW
[1] LIGHTWEIGHT

CLAY TILE, BORAL
ClayMax El Camino
Blend
[2] LA HABRA,
PAREX, 97

PACIFIC SAND,
STUCCO
[3] LA HABRA,
PAREX,
40 DOVE GRAY,
STUCCO
[5]MILGARD, TRINSIC™ | V300

HORIZONTAL SLIDER,CLASSIC

BROWN, VINYL WINDOW
# ISSUED FOR:

DESIGN DEVELOPMENTPROGRESS %BIDDINGPERMITCONSTRUCTION DOCUMENTCLIENT PLANNING - DESIGN 31220 La Baya Dr. Unit #113 Westlake Village, CA 91362 Tel.: 818.825.6826 [email protected] A-7

OF SHEETS
DRAWN BY:

PROJECT NO.

PERMIT #:

CHECKED SHEET TITLE
DATE:

SEPTEMBER 1, 2021
DD - 3 BEDROOM APARTMENT ELEVATIONS APN: 3128-201-17

CITY OF ADELANTO, CA
3 BEDROOM APARTMENT SIDE ELEVATION
SCALE: 3/8"= 1'-0"
3 BEDROOM APARTMENT BACK ELEVATION
SCALE: 3/8"= 1'-0"
159
# ISSUED FOR:

DESIGN DEVELOPMENTPROGRESS %

BIDDING
PERMIT

CONSTRUCTION DOCUMENT
CLIENT
PLANNING - DESIGN 31220 La Baya Dr. Unit #113 Westlake Village, CA 91362 Tel.: 818.825.6826 [email protected] A-8

OF SHEETS
DRAWN BY:

PROJECT NO.

PERMIT #:

CHECKED SHEET TITLE
DATE:

SEPTEMBER 1, 2021
DD
- COLOR AND MATERIAL BOARD APN: 3128-201-17

CITY OF ADELANTO, CA
[1]FOR ROOF USE:

BORAL ClayMax El Camino Blend,
Fire Rating Class A
Nominal Dimension 18" x 13"
Approx. Pieces/Sq 88
[2]FOR EXTERIOR WALLS USE:

Stucco manufacturer LA HABRA
Style PAREX
Color 97 PACIFIC SAND
[3]FOR EXTERIOR WALLS USE:

Stucco manufacturer LA HABRA
Style PAREX
Color 40 DOVE GRAY
[4]FOR GARAGE DOORS USE:

Manufacturer AMARR'S
Type FLUSH PANEL STEEL
Color DARK BROWN
[5]FOR WINDOWS USE:

Manufacturer MILGARD
Series TRINSIC™ | V300 HORIZONTAL SLIDER
Color CLASSIC BROWN
[6]FOR SLIDING DOOR USE:

Manufacturer MILGARD
Series TRINSIC™ | V300 HORIZONTAL SLIDER
Color CLASSIC BROWN
[7]FOR EXTERIOR DOOR USE:

Manufacturer DOMADECO
Series FARGO 26C
Color DARK BROWN
160
Exhibit H.

PLANNING DIVISION
Conditions of Approval
General Plan Amendment No. 21-03 (GPA 21-03), Zone Change No. 21-03 (ZC 21-03), Location & Development Plan No. 21-33 (LDP 21-33),
General Conditions:

1. Approval Period. Approval of this project will become valid only after a signed copy of the City’s approval letter is received by the Planning Division acknowledging acceptance of all conditions of approval. If not received within 10 working days after approval action, this approval will be null and void.

This approval shall be used within two (2) years of the approval date of this project; by July 13, 2024, otherwise, it shall become null and void and of no effect whatsoever. Use means the beginning of the substantial construction under this approval within the two (2) year period which is thereafter diligently pursued to completion and in the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void.

2. Modification to Plans. Subsequent modifications of this approval, which do not intensify the use, including but not limited to reorientation of structures, alteration of parking and circulation design, minor changes to the Conditions of Approval, interpretations of the Conditions of Approval relative to intent, necessity of, and timing, may be approved by the Community Development Director, unless the Director requires a Substantial Conformance or Revised Permit application in accordance with the City’s Development Code.

4. Indemnification of the City. (a) Applicant shall defend and indemnify the City, its agents, officers and employees from all claims against the City for damages, and other action, liability or proceeding to attack, set aside, void or annual the Project or any act or determination related to City’s approval of the Project. Applicant’s obligations under this Agreement shall include, without limitation, payment of all court costs and attorney fees, all litigation-related costs, all judgments and awards against the City, and all settlement costs.
(b) The City shall notify the Applicant promptly of any claim, action or proceeding and reasonably cooperate in the defense. Upon receiving such notification, Applicant shall assume the defense of the claim, action, or proceeding, including the employment of counsel satisfactory to City, which approval shall not be unreasonably withheld. In the event of a disagreement between the City and Applicant over litigation issues, City shall have authority to control the litigation and make litigation decisions, including but not limited to, settlement or other disposition of the matter. City’s participation in the defense of any such action shall not relieve the Applicant of any obligation imposed by this condition. If City determines that having common counsel would create a conflict of interest, or if Applicant fails to promptly assume the defense or to promptly employ counsel satisfactory to City, then City may hire counsel for its own defense, and Applicant shall pay the reasonable attorney fees and costs of such counsel within 30 days after receiving itemized invoices. Applicant shall also pay for all costs and fees 161
General Plan Amendment No. 21-03 (GPA 21-03),
Zone Change No. 21-03 (ZC 21-03),
Location & Development Plan No. 21-33 (LDP 21-33),
Conditions of Approval

Page 2 ends

related to any additional investigation or study, or for supplementing or revising any document, including, without limitation, environmental documents.

5. Fees. All fees and charges the City has or intends to adopt that are due at the time of utility connection or when building permit(s) is/are issued shall be paid for the Developed Area, as required by the City.

6. Outstanding Costs. Any fees due to the City of Adelanto for processing this project shall be paid to the City within 30 calendar days of final action. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work, or other actions authorized by this entitlement shall be permitted, authorized or commenced until all outstanding fees are paid to the City.

7. CEQA/Fish and Game Fees. The applicant/owner shall file a Notice of Determination (NOD) with San Bernardino County and pay related County fee for such within five (5) days after the effective date of conditional approval. The applicant should be aware that Section 21089(b) of the Public Resources Code provides that any project approved under CEQA is not operative, vested or final until the required fee is paid. Proof of filing is required prior to issuance of any permits.

8. City Codes. The project shall comply with all disabled access requirements of the Americans with Disabilities Act and Title 24 of the State Code, and all local requirements of the City of Adelanto Municipal Code, Specifically Title 17 (Zoning Code), Section

17.80.130.

9. Maintenance Responsibility. The maintenance of graded slopes and landscaped areas shall be the responsibility of the developer until the transfer to an approved maintenance authority. Grading permits shall not be issued for any areas to be graded and remain undeveloped for an extended period (i.e. for subsequent phases of a development) until a re-vegetation plan is approved by the Planning Division, and until bonds are posted for re-vegetation, or erosion control program for wind erosion.

10. Plans. Plan submittals shall be prepared and signed by a California Licensed Architect or Engineer per State of California, Business and Professions Code. All plans shall be drawn to a standard scale.

11. Phasing. The project will not be phased.

12. Development Restrictions. The physical development of the site shall be reviewed and approved by the City. Any use, activity, and/or development occurring on the site without appropriate City approvals shall constitute a code violation and shall be treated as such.

Placement of any construction trailer or storage of construction materials shall require separate review and approval by the City.

13. Architectural Design. The proposed project shall meet the intent of the City’s Design Review Guidelines for Industrial buildings outlined in Chapter 17.15 of the Zoning Code and shall be in substantial compliance with the design presented to Planning Commission. 162
General Plan Amendment No. 21-03 (GPA 21-03),
Zone Change No. 21-03 (ZC 21-03),
Location & Development Plan No. 21-33 (LDP 21-33),
Conditions of Approval

Page 3 ends

Adelanto City CouncilJuly 13, 2022

Adelanto City Council
July 13, 2022