1 MINUTES OF THE
REGULAR MEETING
OF THE ADELANTO CITY COUNCIL,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
July 27, 2022
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Closed Meeting on Wednesday, July 27, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 6:00 p.m.
Council Members present: Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes.
B. DELETIONS/ADDITIONS TO AGENDA
None.
C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda.
Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
D. ANNOUNCEMENTS OF CLOSED SESSION ITEMS
1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 –
ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
TERMS OF AGREEMENT
Title: City Manager
2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 – 65 City Council Minutes
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2 CONFERENCE WITH LABOR NEGOTIATOR
City Designated Representative: Marc Tran, City Attorney Unrepresented Employee: City Manager
City Attorney Marc Tran announced closed session items.
E. CONVENE INTO CLOSED SESSION
Mayor Reyes convened the meeting into closed session at 6:05 p.m.
F. CALL TO ORDER - REGULAR MEETING
Council Member Evans, Jeannette, Jones, and Mayor Reyes.
Mayor Pro Tem Ramos arrived at 7:04 p.m.
Invocation: Council Member Jones
Flag Salute: Mayor Pro Tem Ramos
G. CLOSED SESSION REPORT
City Attorney Marc Tran stated direction was given no reportable action taken.
H. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores spoke about construction going on at Highway 395. He spoke about the refurbishing of the “Welcome to Adelanto” signs throughout the city. He announced the community wide yard sale.
I. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Mayor Reyes spoke about the delay on the construction project on Highway 395 being caused by the cost of lumber increasing. He spoke about stadium events taking place.
Mayor Pro Tem Ramos spoke about in school zones if there can be signs with bold letters that read SLOW DOWN. He asked any seniors that needed supplies to let him know. 66 City Council Minutes
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3 Council Member Jones spoke about the Lewis Group project finally breaking ground on Highway 395. He shared he attended events at the stadium.
Council Member Jeannette spoke about attending events at the stadium. She spoke about working on getting shelter in the city also.
J. PRESENTATIONS
1. Presentation by the City. Council to Fire Assistant Chief Dave Corbin for his years of service.
The council thanked Chief Corbin for his service and contribution to the city.
2. Introduction of new Fire Assistant Chief Kelly Anderson.
Assistant Chief Corbin introduced Kelly Anderson.
3. Presentation by Darrel Courtney regarding the free City of Adelanto Community Day and Jazz Festival.
Mr. Keys provided the presentation.
K. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 8:34 p.m.
Ms. Esmeralda spoke about how the American Legion Women's Auxiliary is organizing a backpack giveaway. She shared that Crazy K9’s Rescue is asking for donations. She spoke about a beautification project.
Mr. Hunter spoke about serving the community for years and would like Ammie to be able to continue use of the city building.
Magda congratulated Chief Corbin and new Chief Kelly. She thanked Angelo Meza for what he has done for the youth in the community.
Heather Gaines congratulated both fire chiefs also.
Mayor Reyes closed public comment at 8:47 p.m.
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4 L. CONSENT CALENDAR
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented with items #4 being pulled by Council Member Council Member Evans, and item #7 is a no for Council Member Council Member Evans. and Diana Esmeralda requested warrant #147284 be pulled for discussion.
1) Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council. 2) 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. 22-54
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 27, 2022, THROUGH AUGUST 26, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER
GOVERNMENT CODE SECTION 54953(e)
4) Consideration, Approval and Adoption of Resolution Dissolving Cannabis Dispensary Permit Committee Established by Resolution 17-12
RESOLUTION NO. 22-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, DISSOLVING THE
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5 CANNABIS DISPENSARY PERMIT COMMITTEE ESTABLISHED BY
RESOLUTION NO. 17-12
5) Receive and File Burrtec 2nd Quarter Report.
6) Receive and File Burrtec Monthly Report. (May)
7) Approval of 2nd Reading of Ordinance No. 628 entitled:
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
8) Approval of Warrant:
a. Approval of City of Adelanto Warrant, 22/23-01-02- 147212 through 147357 in the total amount of $2,150,284.36.
b. Approval of City of Adelanto EFT No. 1608 through 1651 in the total amount of $822, 846.23.
Motion carried with the following vote 5-0 with Council Member Jeannette, Jones Mayor Por Tem, Mayor Reyes voting yes, and items #4 being pulled by Council Member Council Member Evans, and item #7 is a no for Council Member Council Member Evans. and Diana Esmeralda requested warrant #147284 be pulled for discussion.
M. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the Adelanto Public Utility Authority consent calendar as presented. 69 City Council Minutes
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6 1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Receive and File Water Department Report.
3. Receive and File Sewer Department Report.
Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
O. PUBLIC HEARING
1. PUBLIC HEARING – GENERAL PLAN AMENDMENT NO. GPA 21-02, ZONING CHANGE NO. ZC 21-02, CONDITIONAL USE PERMIT NO. CUP 21- 20, and LDP NO. 21-20 - Proposal to amend the General Plan Land Use and Zoning Map to adopt a project-specific Solar Energy Overlay Zone, approve a conditional use permit to allow a solar use in the Desert Living 2.5, Desert Living 5, Light Manufacturing Cannabis Only and Open Space zoning districts, and approve a site layout to facilitate the development of a 150 -megawatt (MWAC) utility scale solar generating facility on approximately 826-acres in the Desert Living, Light Manufacturing Cannabis Only and Open Space Zoning Districts in an area located in an area generally bound by Caughlin Road to the west, Desert Flower Road to the north, Verbena Road and Hwy 395 to the East and El Mirage Road to the south. (DAVE/JIM) RECOMMENDATION: Staff recommend that the City Council:
● Approve Council Resolution 22-24, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the Silver Peak Energy, LLC project pursuant to the California Environmental Quality Act (CEQA).
● Approve Council Resolution 22-25, to adopt the findings and approve General Plan Amendment No. 21-02 to change the General Plan Map Land Use Designation on the property by adopting a Solar Energy Conversion System Overlay Zone in the GeneralPlan Land Use Map and Zoning Map specific to the Silver Peak Solar Project, approving Location and Development Plan No. 21-20, and
● Approving Conditional Use Permit No. 21-20 allowing the Silver Peak Energy Solar Project (Third) Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No. LDP 21-20 for the site layout; adopt findings and dedicate right-of-way.
● Introduce First Reading of Ordinance 629 to adopt findings and approve Zone Change No. 21-02 to add a Solar Energy Conversion System (“SECS”) Overlay Zone in a certain 70 City Council Minutes
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7 portion of the City generally bounded by Caughlin Road to the West, Desert Flower Road to the North, Verbena Road and Hwy 395 to the East and El Mirage Road to the south to accommodate the proposed Silver Peak Solar Project.
● Schedule the second reading and adoption of Ordinance 629 for the next regular council meeting.
RESOLUTION NO. 22-24
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 SILVER PEAK SOLAR PROJECT
AND
RESOLUTION NO 22-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT NO. 21-02 ADOPTING A SOLAR
ENERGY CONVERSION SYSTEM OVERLAY ZONE IN THE GENERAL
PLAN LAND USE MAP AND ZONING MAP SPECIFIC TO THE SILVER
PEAK SOLAR PROJECT, APPROVING LOCATION AND
DEVELOPMENT PLAN NO. 21-20, AND APPROVING CONDITIONAL
USE PERMIT NO. 21-20 ALLOWING THE SILVER PEAK SOLAR
PROJECT. (THIRD AMENDMENT TO THE GENERAL PLAN LAND USE
ELEMENT FOR THE YEAR.)
AND
ORDINANCE NUMBER 629
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, APPROVING ZONE CHANGE NO. 21-02 ADOPTING A
SOLAR ENERGY CONVERSION SYSTEM OVERLAY ZONE IN THE
GENERAL PLAN LAND USE MAP AND ZONING MAP SPECIFIC TO
THE SILVER PEAK SOLAR PROJECT
Council Member Council Member Evans recused herself from the item.
Planner Jim presented the staff report.
The applicant presented a powerpoint presentation.
The council asked questions and shared thoughts.
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8 Mayor Reyes opened public comment at 9:24 p.m.
Diana Esmeralda shared that she was excited for the project but spoke about the project not being good for the city.
Heather shared she is super excited about the project being an energy project but was disappointed to realize how much energy will actually be going to the city.
Timothy spoke in support of this project on behalf of the IBEW.
Jason spoke in favor of the project as well on behalf of the IBEW.
Magda asked questions about the project but shared that it is a good thing for the city in her opinion.
Daniel Osborne spoke on behalf of IBEW and spoke about fulfilling positions with apprenticeships which allows people to get in the trade and take advantage of the jobs available because of this project.
Mayor Reyes closed public comment at 9:35 p.m.
Further discussion ensued regarding the project.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to Approve Council Resolution 22-24, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the Silver Peak Energy, LLC project pursuant to the California Environmental Quality Act (CEQA); Approve Council Resolution 22-25, to adopt the findings and approve General Plan Amendment No. 21-02 to change the General Plan Map Land Use Designation on the property by adopting a Solar Energy Conversion System Overlay Zone in the General Plan Land Use Map and Zoning Map specific to the Silver Peak Solar Project, approving Location and Development Plan No. 21-20, and Approving Conditional Use Permit No. 21-20 allowing the Silver Peak Energy Solar Project (Third) Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No.
LDP 21-20 for the site layout; adopt findings and dedicate right-of-way; Introduce First Reading of Ordinance 629 to adopt findings and approve Zone Change No. 21-02 to add a Solar Energy Conversion System (“SECS”) Overlay Zone in a certain portion of the City generally bounded by Caughlin Road to the West, Desert Flower Road to the North, Verbena Road and Hwy 395 to the East and El Mirage Road to the south to accommodate the proposed Silver Peak Solar Project. Schedule the second reading and adoption of Ordinance 629 for the next regular council meeting.
Motion carried 4-1 (Council Member Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Council Member Evans recused).
Mayor Reyes broke for a short 5-minute recess.
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9 Mayor Reyes reconvened the meeting.
Council Member Council Member Evans rejoined the meeting.
2. PUBLIC HEARING – APPROVE RESOLUTION 22-53 ORDERING THE LEVY AND COLLECTION OF ANNUAL CFD 2006-2 SPECIAL TAXES FOR FISCAL YEAR 2022-2023. (ANGEL/DERIK)
RECOMMENDATION: Approve Resolution No. 22-52 ordering the levy and collection of annual CFD 2006-2 special taxes for Fiscal Year 2022-2023 (FY 22/23) RESOLUTION NO. 22-52
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 2022-2023.
Finance Director Castellanos presented the staff report.
Mayor Reyes opened public comment at 9:49 p.m.
Diana had questions regarding what projects are being funded by this special tax.
Mayor Reyes closed public comment.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to Approve Resolution No. 22-52 ordering the levy and collection of annual CFD 2006-2 special taxes for Fiscal Year 2022-2023 (FY 22/23).
Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
P. NEW BUSINESS
1. RECOMMEND APPROVAL OF THE ENCROACHMENT PERMIT AGREEMENT WITH AES CORPORATION FOR THE BALDY MESA PROJECT SITE. (BRIAN) RECOMMENDATION: staff recommends the City Council approve the Encroachment Permit Agreement between the City of Adelanto and AES Corporation and authorize the City Manager to execute all stated agreements.
Council Member Council Member Evans recused herself from the item. 73 City Council Minutes
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10 Brian presented the staff report.
Mayor Reyes opened public comment at 9:54 p.m.
Diana Esmeralda spoke about the mayor should understand how the FPPC works.
IB Developer is concerned about changing contractors and it will slow development.
Mayor Reyes closed public comment at 9:55 p.m.
The applicant was available for questions.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the Encroachment Permit Agreement between the City of Adelanto and AES Corporation and authorize the City Manager to execute all stated agreements.
Motion carried 4-1 (Council Member Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Council Member Evans recused).
2. DISCUSSION ITEM REQUESTED BY COUNCIL MEMBER COUNCIL MEMBER
EVANS - MOVIES IN THE PARK TO BE FUNDED BY THE COMMUNITY BENEFIT CORPORATION. – (CITY MANAGER)
RECOMMENDATION: Staff recommends City Council discuss and provide direction to staff.
City Manager Flores presented the staff report.
The council all spoke in favor of the item.
Mayor Reyes opened the public comment at 10:03 p.m.
Diana spoke in favor of the item.
Heather spoke in favor of the item.
Mayor Reyes closed public comment at 10:08 p.m.
Further discussion ensued.
The council agreed staff will set a schedule and start working on setting movies in the park up.
3. DISCUSSION ITEM REQUESTED BY COUNCIL MEMBER COUNCIL MEMBER EVANS – COMMUNITY GARDEN – (CITY MANAGER)
RECOMMENDATION: Staff recommends City Council discuss and provide direction to 74 City Council Minutes
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11 staff.
City Manager Flores presented the staff report.
Discussion ensued regarding the item.
Mayor Reyes opened public comment at 10:21 p.m.
Diana spoke about having a seed bank and can assist. She spoke about having the cannabis industry help with this idea.
Heather spoke in favor of the item.
Miguel Soto spoke in favor of the item as well.
Mayor Reyes closed public comment at 10:28 p.m.
Further discussion ensued.
The council agreed to move forward with this item.
Q. ITEMS REMOVED FROM THE CONSENT CALENDAR
4) Consideration, Approval and Adoption of Resolution Dissolving Cannabis Dispensary Permit Committee Established by Resolution 17-12
RESOLUTION NO. 22-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, DISSOLVING THE
CANNABIS DISPENSARY PERMIT COMMITTEE ESTABLISHED BY
RESOLUTION NO. 17-12
Discussion ensued regarding the item that Council Member Council Member Evans pulled for discussion.
MOTION: Moved by Council Member Council Member Evans, seconded by Council Member Jeannette to move this item to a future agenda for closed session to have discussion on legalities.
Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
Warrant #147284.
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12 Diana Esmeralda asked how many vehicles there were. Finance Director Castellanos provided the answer of 3.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to approve warrant #147284.
Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
R. FUTURE AGENDA ITEMS
Mayor Reyes asked for an update on the area of Highway 395 and Mojave. City Manager Flores stated they are in talks to repave the area and will have an update at the next meeting.
MOTION: Moved by Mayor Reyes, seconded by Council Member Council Member Evans to approval to have an update regarding the area of Highway 395 and Mojave.
Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
She asked to have churches attend council meetings to do the prayer for the meeting. City Clerk Lopez said she would work on this.
Council Member Council Member Evans asked the community buildings RFP’s. City Clerk Lopez shared that they are going out on Monday for RFP.
She asked for an action item regarding the Movies in the Park.
MOTION: Moved by Council Member Council Member Evans, seconded by Mayor Reyes to bring back an action item for the Movies in the Park.
Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
Mayor Pro Tem Ramos requested a discussion item on how to provide transportation to the veterans to the veteran’s hospital. Council Member Jeannette stated she would talk to the VVTA board about helping streamline the process as it’s currently an all-day process for the daily bus that does it currently.
S. PUBLIC COMMUNICATIONS
None.
T. ADJOURNMENT
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13 The next Regular Meeting of the City Council will be held on August 10, 2022, at 7:00 pm.
There being no further business the Chair adjourned the meeting at 10:54 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to adjourn the meeting.
Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
77