1 MINUTES OF THE
REGULAR MEETING
OF THE ADELANTO CITY COUNCIL,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
September 28, 2022
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Regular Meeting on Wednesday, September 28, 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 5:32 p.m.
Council Members present: Evans, Jeannette, and Mayor Reyes.
Absent: Jones and Mayor Pro Tem Ramos.
B. DELETIONS / ADDITIONS TO AGENDA
None.
C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented.
Motion carried 3-2 (Evans, Jeannette, and Mayor Reyes voting yes, Jones and Mayor Pro Tem Ramos noted as absent).
D. ANNOUNCEMENT OF CLOSED SESSION ITEMS
1. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (d)(4) (two potential matters)
2. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (D)(2) (two potential matters)
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2 City Attorney Marc Tran announced closed session items.
E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
Mayor Reyes opened public comment at 5:33 p.m.
Diana Esmeralda spoke about the closed session items and how they are agendized.
Mayor Reyes closed public comment at 5:37 p.m.
F. CONVENE INTO CLOSED SESSION
Mayor Reyes convened the meeting into closed session at 5:38 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to convene into closed session.
Motion carried 3-2 (Evans, Jeannette, and Mayor Reyes voting yes, Jones and Mayor Pro Tem Ramos noted as absent).
CLERKS NOTE: MAYOR PRO TEM RAMOS AND COUNCIL MEMBER JONES ARRIVED AT 5:40 P.M.
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3 G. CLOSED SESSION REPORT
City Attorney Marc Tran stated direction was given and no reportable action taken.
H. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores provided updates on projects in the city.
I. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans shared her excitement with how great of a turn out they have had for the movies in the park.
Council Member Jeannette asked for the City Manager to excuse her absence at the last minute, he obliged. She spoke about meetings she attended.
Council Member Jones said it’s great that Jeannette is back.
Mayor Pro Tem Ramos spoke about Prayer in the Park.
Mayor Reyes thanked everyone for coming out to the Movies in the Park.
J. PRESENTATIONS
None.
K. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:16 p.m.
Mrs. Ducksworth spoke about a new non-profit within Adelanto, Emmanuel's House, Inc. located at 11776 Bartlett Ave. Unit #4 in Adelanto. She shared they are a non-profit food pantry and plus project.
Logan Despain spoke about drug use at schools and sex trafficking.
Steve shared that he feels that mocking the public is unacceptable.
Diana shared she was mocked about two hours ago by council members.
Magda Torrellas spoke about the fun that the Movies in the Park was. 28 City Council Minutes
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4 Resa spoke about poverty and crime.
Eddie Torres spoke in support and reminded them about creating the water board.
Heather Gaines spoke about how wonderful the Movies in the Park are. She spoke about her experience with the Sheriff’s Department.
Amanda shared her experience with the Sheriff’s Department earlier in the day.
Sebastian thanked the council for the events in the city. He shared his previous law enforcement experience and his thoughts on needing a larger police department.
Mayor Reyes closed public comment at 7:41 p.m.
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 Diana Esmeralda pulling warrant #147626, 146627, 146634, 147649, 147636, 14757, invoices #7348, 7422, and 7423 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. 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. 22-63
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 SEPTEMBER 14, 2022, THROUGH OCTOBER 14, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)
3. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 22/23-03-02- 147505 through 147650 in the total amount of $3,113,096.66.
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5 b. Approval of City of Adelanto EFT No. Warrant, 22/23-03-02- 1658 through 1717 in the total amount of $4,636,483.94.
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
M. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to approve the Adelanto Public Utility Authority consent calendar as presented.
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code 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 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
N. CONTINUED PUBLIC HEARING
1. ZONE TEXT AMENDMENT NO. ZTA 22-01 – AMENDING THE CITY OF ADELANTO MUNICIPAL CODE (“AMC”) SECTION 17.50.020, APPENDIX A, TO
ADD SPECIFIC AUTOMOBILE-RELATED USES WITH CONDITIONAL USE PERMIT IN THE MIXED USE (MU) ZONE. THE PROPERTIES AFFECTED ARE LOCATED IN THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO. (LOUIS)
RECOMMENDATION: Introduce first reading of Ordinance No. 635, determine that the project is exempt from the California Environmental Quality Act (CEQA), and file a Notice of Exemption with the County Clerk of San Bernardino County.
ORDINANCE NO. 635
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ADELANTO, COUNTY OF SAN BERNARDINO,
CALIFORNIA, AMENDING SECTION 17.50.020 AND
APPENDIX A, ADDING AUTO SERVICE AND AUTO
REPAIR USES AS CONDITIONALLY PERMITTED USE
IN THE MIXED USE (MU) ZONE.
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6 Planner Morales presented the staff report.
Mayor Reyes opened public comment at 7:53 p.m.
Diana Esmeralda spoke about the residential properties in this area.
Mayor Reyes closed public comment at 7:55 p.m.
Further discussion ensued.
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to introduce first reading of Ordinance No. 635, determine that the project is exempt from the California Environmental Quality Act (CEQA), and file a Notice of Exemption with the County Clerk of San Bernardino County.
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
2. APPEAL OF PLANNING COMMISSION DECISION - TO ADOPT/APPROVE
THE INITIAL STUDY/CATEGORICAL EXEMPTION FOR CONDITIONAL USE PERMIT (CUP) 22-05 & LOCATION AND DEVELOPMENT PLAN (LDP) 22-05. (LOUIS)
RECOMMENDATION: Staff requests a continuance until the October 12, 2022, meeting at 7:00 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to Staff requests a continuance until the October 12, 2022, meeting at 7:00 p.m.
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
O. PUBLIC HEARING
1. APPROVAL OF RESOLUTION OF NECESSITY AUTHORIZING
CONDEMNATION OF EASEMENT REQUIRED FOR THE BALDY MESA
PROJECT SITE. (CITY ATTORNEY)
RECOMMENDATION: Staff recommends the City Council approve the Resolution of Necessity (Attachment A) to acquire a 53-foot-wide easement adjacent to an existing City right-of-way over vacant property located at the northwest corner of Bartlett Avenue and Verbena Road in the City of Adelanto (APN 0459-132-30) and authorize the City Attorney to prepare a complaint in eminent domain, commence condemnation proceedings in the San Bernardino Superior Court, and take all necessary associated actions
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7 RESOLUTION NO. 22-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO FINDING
AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF A PORTION OF CERTAIN VACANT
REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF BARTLETT AVENUE AND VERBENA ROAD (APN 0459-132-30) FOR THE PURPOSES OF
CONSTRUCTING AND MAINTAINING ELECTRICITY TRANSMISSION LINES FOR A
SOLAR FACILITY
Council Member Evans recused herself.
Attorney Tina Steck from the city attorney’s office presented the staff report.
Mayor Reyes opened public comments at 8:08 p.m.
Diana Esmeralda spoke about the Mayors investigation regarding receiving funds inappropriately and feels he should recuse himself.
Mayor Reyes closed public comments at 8:10 p.m.
City Attorney Tran clarified this is just about the easement not about the project.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the Resolution of Necessity (Attachment A) to acquire a 53-foot-wide easement adjacent to an existing City right-of-way over vacant property located at the northwest corner of Bartlett Avenue and Verbena Road in the City of Adelanto (APN 0459-132-30) and authorize the City Attorney to prepare a complaint in eminent domain, commence condemnation proceedings in the San Bernardino Superior Court, and take all necessary associated actions Motion carried 4-1 (Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans noted as recused).
2. PUBLIC HEARING - ORDINANCE NO. 636 – AMENDING CHAPTER 14, OF THE MUNICIPAL CODE, BY ADOPTING THE 2022 EDITIONS OF THE
CALIFORNIA, BUILDING, MECHANICAL, PLUMBING, ELECTRICAL, FIRE,
RESIDENTIAL, GREEN BUILDING, ENERGY, EXISTING, ADMINISTRATIVE CODE, STATE HISTORIC BUILDING CODE, AND REFERENCED STANDARDS;
AMENDMENTS TO CERTAIN BUILDING CODE SECTIONS BASED UPON LOCAL GEOLOGIC, CLIMATIC, OR TOPOGRAPHICAL CONDITIONS. (STEVE/
CITY ATTORNEY)
RECOMMENDATION:
1. Introduce for the First Reading Ordinance No. 636 (attached), amending Title 14 of the Adelanto Municipal Code concerning the adoption of the 2022 California Building, Mechanical, Plumbing, Electrical, Fire, Residential, Green Building, Energy, Existing, Administrative Codes, and Referenced Standards, including 32 City Council Minutes
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8 local amendments thereto; Consider the adoption of the new International Code Council (ICC) building valuation tables (attached).
2. Set a Public Hearing for October 26, 2022, for the Second Reading, when the City Council should open a public hearing and receive comments. After the public hearing is closed, the Council should adopt the Ordinance.
3. Instruct the City Clerk to file the findings with the California Building Standards Commission once the Ordinance comes into effect 30 days after adoption.
ORDINANCE NO. 636
AN ORDINANCE OF THE CITY OF ADELANTO, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA,
ADOPTING BY REFERENCE THE 2022 EDITIONS OF THE
CALIFORNIA BUILDING CODE VOLUMES 1 AND 2,
CALIFORNIA RESIDENTIAL CODE, CALIFORNIA
ADMINISTRATIVE CODE, CALIFORNIA ELECTRICAL
CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA
FIRE CODE, CALIFORNIA EXISTING BUILDING CODE,
CALIFORNIA HISTORICAL BUILDING CODE,
CALIFORNIA REFERENCED CODE, CALIFORNIA
MECHANICAL CODE, CALIFORNIA GREEN BUILDING
STANDARDS CODE, CALIFORNIA ENERGY CODE, AND
RELATED REFERENCE STANDARDS CODES WITH
APPENDICES, ICC VALUATION TABLES, AND
AMENDMENTS THERETO; ADOPTING LOCAL
AMENDMENTS TO SPECIFIED CHAPTERS OF TITLE 14
OF THE ADELANTO MUNICIPAL CODE
Contracted Building Official Rainey presented the staff report.
Discussion ensued regarding the item.
Mayor Reyes opened public comment at 8:17 p.m.
Diana Esmeralda said she looks forward to emailing about the item in the future.
Mayor Reyes closed public comment at 8:17 p.m.
MOTION: Moved by Mayor Reyes, seconded by Commissioner Jones to introduce for the First Reading Ordinance No. 636 (attached), amending Title 14 of the Adelanto Municipal Code concerning the adoption of the 2022 California Building, Mechanical, Plumbing, Electrical, Fire, Residential, Green Building, Energy, Existing, Administrative Codes, and Referenced Standards, including local amendments thereto; Consider the adoption of the new International Code Council (ICC) building valuation tables (attached), set a Public Hearing for October 26, 2022, for the Second Reading, when the City Council should open a public hearing and receive 33 City Council Minutes
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9 comments, after the public hearing is closed, the Council should adopt the Ordinance, and instruct the City Clerk to file the findings with the California Building Standards Commission once the Ordinance comes into effect 30 days after adoption.
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
P. NEW BUSINESS
1. APPROVAL OF SPECIAL LEGAL SERVICES AGREEMENT WITH BARON & BUDD, P.C. and COSSICH, SUMICH, PARSIOLA & TAYLOR LLC. (CITY
ATTORNEY)
RECOMMENDATION: Staff recommends that the City Council move to adopt the attached resolution approving an agreement with Baron & Budd, P.C. and Cossich, Sumich, Parsiola & Taylor LLC for special legal services.
RESOLUTION NO. 22-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, COUNTY OF SAN BERNARDINO,
CALIFORNIA, APPROVING THE CITY ENTERING INTO
AN AGREEMENT WITH BARON & BUDD, P.C. AND
COSSICH, SUMICH, PARSIOLA & TAYLOR LLC FOR
SPECIAL LEGAL SERVICES
The City Attorney presented the staff report.
Discussion ensued regarding the item.
Mayor Reyes opened public comment at 8:22 p.m.
Diana Esmeralda spoke about the amount that has been spent on attorneys and stated she is concerned about the amount.
Mayor Reyes closed public comment at 8:25 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to move to adopt the attached resolution approving an agreement with Baron & Budd, P.C. and Cossich, Sumich, Parsiola & Taylor LLC for special legal services.
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
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10 2. RECOMMEND REJECT BID RECEIVED FOR THE JONATHAN STREET AND CHAMBERLAINE WAY STREET IMPROVEMENT PROJECT. (BRIAN)
RECOMMENDATION: Staff recommends City Council reject the sole bid received for the Jonathan Street and Chamberlaine Way Street Improvement Project.
Contracted Engineer Wolfe presented the staff report.
Further discussion ensued.
Mayor Reyes opened public comment at 8:36 p.m.
Mayor Reyes closed public comment at 8:36 p.m.
MOTION: Moved by Council Member Jeannette, seconded by Mayor Reyes to reject the sole bid received for the Jonathan Street and Chamberlaine Way Street Improvement Project.
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
3. CONSIDERATION, APPROVAL AND ADOPTION OF RESOLUTION
AWARDING A NON-EXCLUSIVE REVOCABLE LICENSE AGREEMENT TO SOUTH CAPITOL COTTAGE, INC., A SECTION 501(C)(3) TAX-EXEMPT NONPROFIT ORGANIZATION, TO USE THE GLASPER CENTER FOR ONE YEAR. (
JESSIE/CITY ATTORNEY)
RECOMMENDATION: Staff recommends the City Council adopt the resolution awarding a non-exclusive revocable license agreement to South Capitol Cottage, Inc., a 501(c)(3) tax-exempt non-profit organization, to use the Glasper Center for a period of one (1) year.
RESOLUTION NO. 22-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, COUNTY OF SAN BERNARDINO,
CALIFORNIA, AWARDING NON-EXCLUSIVE
REVOCABLE LICENSE AGREEMENT TO SOUTH CAPITOL
COTTAGE, INC., A SECTION 501(C)(3) TAX-EXEMPT NONPROFIT ORGANIZATION, TO USE THE CITY’S GLASPER CENTER
City Attorney Daams presented the staff report.
Discussion ensued.
Mayor Reyes opened public comment at 9:04 p.m.
Diana Esmeralda shared her excitement for a Boys & Girls Club. 35 City Council Minutes
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11 Magda spoke about caring about the children who are our future. She said she thinks this is a wonderful thing.
Resa shared she hopes it can move forward.
Mayor Reyes closed public comment at 9:14 p.m.
Further discussion ensued.
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jones to adopt the resolution awarding a non-exclusive revocable license agreement to South Capitol Cottage, Inc., a 501(c)(3) tax-exempt non-profit organization, to use the Glasper Center for a period of one (1) year.
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
Q. ITEMS REMOVED FROM THE CONSENT CALENDAR
Warrant #147626, 146627, 146634, 147649, 147636, 14757, invoices #7348, 7422, and 7423 for discussion.
Finance Director Castellanos provided an explanation.
Mayor Reyes opened public comment.
Diana Esmeralda spoke about the previous item that was already approved. She asked a question about the payment to the taco vendor. Mayor Reyes asked her to stay on topic as she was speaking about the permitting fees and not what the invoice was for.
Further discussion ensued.
Mayor Reyes issued a final warning to Diana Esmeralda for disruption.
Diana Esmeralda was asked to leave the meeting at 9:44 p.m. for being disruptive after receiving several warnings throughout the meeting and using an irate voice.
A citizen spoke about the tacos and stated that it is not a bad price.
Heather said that she knows that they ate more than $10 worth of food.
Lee spoke about it being wrong for people to be passing out campaign material at the movies in the park.
Magda spoke about how great the council is doing.
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12 Mayor Reyes closed public comment.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to approve warrant #147626, 146627, 146634, 147649, 147636, 14757, invoices #7348, 7422, and 7423.
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
R. FUTURE AGENDA ITEMS
Evans requested a staff report regarding a stop sign being installed at Lawson and Bellflower because there is a school bus stop at the location and no one is stopping.
MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to continue the meeting.
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
Mayor Pro Tem Ramos requested more movies in the park nights. He announced that he has vendors who are willing to cover food allowing movies in the parks to happen for 6 months out of the year.
Mayor Pro Tem Ramos also asked for staff to check into remodeling the chambers to give a fresh feeling.
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Mayor Reyes to approve the requested agenda items.
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
Mayor Reyes asked what they can do to make the meetings better. He also asked for an update about the signs and the speed bump studies.
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the requested agenda items.
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
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13 S. PUBLIC COMMUNICATIONS
None.
T. ADJOURNMENT
The next Regular Meeting of the City Council will be held on October 12, 2022, at 7:00 pm.
There being no further business the Chair adjourned the meeting at 10:09 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Jones 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
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