Agenda, regular meeting — Adelanto City Council, November 9, 2022

AGENDA

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
November 9, 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
Closed Session: 5:30 p.m.

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
NOVEMBER 9, 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
NOVEMBER 9, 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.

TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Jeannette ________
Councilor Jones ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________

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

C. APPROVAL OF AGENDA
A. CALL TO ORDER—CLOSED SESSION
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
NOVEMBER 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

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
b. Cynthia Herrera v. City of Adelanto, et al. (San Bernardino Superior Court Case No. CIVDS 1901478

2. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT

EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9, SUBDIVISION (D)(2) (one potential matter) E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
F. CONVENE INTO CLOSED SESSION
TIME: _____________

1. Motion to go into Closed Session.

M__________________S__________________ACTION_________________ G. CALL TO ORDER— REGULAR MEETING
TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Jeannette ________
Councilor Jones ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________
4 REGULAR MEETING
NOVEMBER 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us H. CLOSED SESSION REPORT
I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
K. PRESENTATIONS
L. 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
M. 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 – September 8, 2021, October 13, 2021, October 27, 2021, November 10, 2021, and November 24, 2021.

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( 5 RESOLUTION NO. 22-76

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 NOVEMBER 9, 2022, THROUGH DECEMBER
9, 2022, PURSUANT TO BROWN ACT PROVISIONS SET
FORTH UNDER GOVERNMENT CODE SECTION 54953(e)

4. Approval of Ordinance No. 637 entitled:

ORDINANCE NUMBER 637

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, APPROVING AN AMENDMENT TO THE
ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE \
PLAN FIGURE LC-2 GENERAL PLAN LAND USE AND ZONNING

MAP IN SIX AREAS WITHIN THE CITY OF ADELANTO,

CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF

5. Approval of Ordinance No. 639 entitled:

ORDINANCE NUMBER 639

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, APPROVING AN AMENDMENT TO THE
ADELANTO NORTH 2035 COMPREHENSIVE

SUSTAINABLE PLAN MOBILITY SECTION TO CORRECT
FIGURE M-1, PROPOSED ROADWAY NETWORK TO SHOW

EXISTING AND PROPOSED TRAFFIC SIGNALS, AND TO

SHOW PROPOSED RE-CLASSIFIED PUBLIC COLLECTOR
STREET CONNECTIONS TO HWY 395 BY RIGHT-IN/RIGHTOUT OR SIGNALIZED INTERSECTIONS IN THE CITY OF

ADELANTO, CALIFORNIA AND MAKING FINDINGS IN

SUPPORT THEREOF
6 REGULAR MEETING
NOVEMBER 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

6. Approve Resolution No. 22-77, authorizing emergency repairs to the intersection of Mojave Drive and Bellflower Street.

RESOLUTION NO 22-77

A RESOLUTION OF THE COUNCIL OF THE CITY OFADELANTO,

SAN BERNARDINO COUNTY, STATE OF CALIFORNIA,

AUTHORIZING FUND ALLOCATION AND PAYMENT TO
HILLCREST CONTRACTING INC.

7. Approve Resolution No. 22-78 Authorizing City to file FY 2022/2023 Local Transportation Funds (LTF )-Article 8a Local Streets and Roads Claims with the San Bernardino County Transportation Authority (SBCTA)
RESOLUTION NO. 22-78

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO AUTHORIZING CITY TO FILE FY 2022/2023
LOCAL TRANSPORTATION FUNDS (LTF)-ARTICLE 8A

LOCAL STREETS AND ROADS CLAIMS WITH THE SAN

BERNARDINO COUNTY TRANSPORTATION AUTHORITY
(SBCTA)

8. Consideration of Amendment No.2 to the Professional Consultant Services Agreement With The Tait Group Inc. to Extend the Contract term six months (March 31, 2023) And Increase Compensation.

M__________________S__________________ACTION__________________ 7 REGULAR MEETING
NOVEMBER 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us N. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION OF CHAPTER 5.84 TO THE ADELANTO MUNICIPAL CODE FOR A FOOD TRUCK ORDINANCE.(Attorney) RECOMMENDATION: Staff recommends that the City Council solicit public comment/input and adopt proposed Ordinance No. 638, also referred to as “Food Trucks”, designed to regulate food truck vending within the City of Adelanto (“City”). This Ordinance will create an application and permit requirement for food truck vendors, set rules for food truck operations, and sets penalties for violations pursuant to the Adelanto Municipal Code. It shall take effect thirty (30) days after passage.

ORDINANCE NO. 638

AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF

ADELANTO, SAN BERNARDINO COUNTY, STATE OF
CALIFORNIA, ESTABLISHING CHAPTER 5.84 (FOOD TRUCKS) TO
TITLE 5 (BUSINESS LICENSES AND REGULATIONS) OF THE

ADELANTO MUNICIPAL CODE REGULATING FOOD TRUCKS
O. ITEMS REMOVED FROM THE CONSENT CALENDAR
P. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner. 8 M__________________S__________________ACTION__________________

REGULAR MEETING
NOVEMBER 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Q. 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.

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 NOVEMBER 4, 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
S. DECLARATION OF POSTING
9 REGULAR MEETING
NOVEMBER 9, 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
November 9, 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
Closed Session – 5:30 p.m. 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: November 4, 2022 Brenda Lopez, City Clerk, CMC
11 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
September 8, 2021
The Adelanto City Council held the Regular and Concurrent Special Meeting on Wednesday, September 8, 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 session at 7:01 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.

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).

Council Member Evans spoke about the Air Quality board meeting and that they are pushing to get electric buses.

Council Member Jeannette spoke about the food share. She spoke about the different events she attended.

Council Member Jones spoke about the 20th anniversary of September 11th.

Mayor Pro Tem Ramos echoed what Jones stated.

Mayor Reyes gave his condolences to Fire Chief Corbin on the loss of his father. He spoke about SCAG vision of the region and the SBCTA expansion of the rail system. He provided an update on Congressman Oberlnote. He discussed the events at the stadium and how well organized they were.

A. CALL TO ORDER – CLOSED SESSION MEETING
B. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
12 City Council Minutes
Regular & Special Concurrent Meeting
September 8, 2021
2 City Manager spoke about the incident with 10 dogs recently. He provided updates on various projects throughout the city and thanked staff for their work.

Lauren Wolfer requested a letter of support for Micro Enterprise Home Kitchen Operations MEHKO(s) with a presentation.

Further discussion ensued regarding the item.

Mayor Reyes opened public comments.

Diana Esmeralda spoke about the dog rescue.

Magda spoke about having people work out of their house and that she's not able to open her type of business out of her home just because she has experience. She spoke against the item.

Miguel spoke about micro kitchens not supposed to be a replacement for restaurant kitchens.

Lee spoke about the concerns people expressed and shared his concern about what the penalty is if they do generate a good source of income.

Mayor Reyes closed public comment

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

2. Receive and File Cannabis Compliance Department Report.

C. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
D. PRESENTATIONS
E. PUBLIC COMMUNICATIONS
F. CONSENT CALENDAR
13 City Council Minutes
Regular & Special Concurrent Meeting
September 8, 2021
3 3. Adoption Of Resolution No. 21-45, No. 21-46, No. 21-47, And No. 21-48 - 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. 21-45

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. 21-46

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.

RESOLUTION NO. 21-47

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
003 CALIFORNIA TEAMSTERS LOCAL 911.

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).

G. NEW BUSINESS
14 City Council Minutes
Regular & Special Concurrent Meeting
September 8, 2021
4 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.

Alyssa from D.R. Horton presented a power point. (Exhibit A) Mayor Reyes opened public comment at 9:13 p.m.

Magda spoke about not trusting them.

Diana spoke about what the general plan is.

Mayor Reyes closed public comment at 9:18 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to release and quitclaim existing landscape easements within housing tract 17250.

Roll Call Vote:

Evans: No
Jeannette: No
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 3-2 (Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans, and Jeannette voting no).

2. PARCEL MAP 20385 FINAL ACCEPTANCE.

RECOMMENDATION: Staff recommends City Council receive and accept Parcel Map 20385 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20385 on behalf of City Council.

City Engineer Wolfe presented the staff report.

Mayor Reyes opened public comment at 9:23 p.m.

Diana spoke about the area being trashed. She asked the Council to vote against this item. 15 City Council Minutes
Regular & Special Concurrent Meeting
September 8, 2021
5 Magda stated she agreed with Diana and spoke about the water consumption within the city.

Mayor Reyes closed public comment at 9:28 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to receive and accept Parcel Map 20385 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20385 on behalf of City Council.

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).

3. SEWER MANHOLE CONDITIONS ON VINTAGE ROAD.

RECOMMENDATION: Receive and file this staff report regarding sewer manhole removal and reconstruction along Vintage Road west of Aster Road.

City Engineer Wolfe presented the staff report.

Further discussion ensued regarding the item.

Mayor Reyes opened public comment at 9:45 p.m.

Lee spoke about the infrastructure.

Diana shared she feels it's important to get done.

Magda disagrees with Evans.

Miguel echoes what Evans stated.

Mayor Reyes closed public comment at 9:56 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to receive and file this staff report regarding sewer manhole removal and reconstruction along Vintage Road west of Aster Road.
16 City Council Minutes
Regular & Special Concurrent Meeting
September 8, 2021
6 Roll Call Vote:

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

SPECIAL CONCURRENT MEETING:

1. RESOLUTION APUA 21-07 IMPLEMENTING STAGE 2 OF THE WATER SHORTAGE CONTIGENCY PLAN. (JESSIE/ DAN)
RECOMMENDATION: Approve Resolution APUA 21-07 Implementing Stage 2 of the Water Shortage Contingency Plan requesting a voluntary 20% water conservation effort.

City Manager Flores presented the staff report.

Mayor Reyes opened public comment at 10:06 p.m.

Diana spoke about cannabis water usage.

Magda spoke about community water usage.

Lee spoke about water drought and illegal cannabis.

Mayor Reyes closed public comment at 10:14 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to Approve Resolution APUA 21-07 Implementing Stage 2 of the Water Shortage Contingency Plan requesting a voluntary 20% water conservation effort
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).

F. ADELANTO PUBLIC UTILITY AUTHORITY - NEW BUSINESS
17 City Council Minutes
Regular & Special Concurrent Meeting
September 8, 2021
7 None.

Council Member Evans spoke about the Desert Trails Park and how it needs to have extra trash receptacles at the location as it's a mess after the weekend.

None.

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

There being no further business the Chair adjourned the meeting at 10:19 p.m.

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

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). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
H. ITEMS REMOVED FROM THE CONSENT CALENDAR
I. FUTURE AGENDA ITEMS
J. PUBLIC COMMUNICATIONS
K. ADJOURNMENT
18 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
October 13, 2021
The Adelanto City Council held the Regular Meeting on Wednesday, October 13, 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 7:01 p.m.

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

Invocation: Jones
Flag Salute: Mayor Pro Tem Ramos
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented.

Roll Call Vote:

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

Mayor Pro Tem Ramos spoke about the stadium always having something going on.

Council Member Evans spoke about the League of California Cities events. She shared she attended 16 different seminars and meetings.

Council Member Jeannette spoke of the events at the stadium and meetings she attended. She gave A. CALL TO ORDER – RREGULAR MEETING
B. APPROVAL OF AGENDA
C. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
19 City Council Minutes
Regular Meeting
October 13, 2021
2 a shout out to the Sheriff's Department.

Council Member Jones commended the Sheriff's Department regarding an incident that took place during a football game.

Mayor Ryes Reyes spoke about networking that took place at the League of California Cities. He spoke about the stadium.

City Manager Flores spoke about the League of California Cities and meeting with CPUC.

None.

Mayor Reyes opened public comment at 7:27 p.m.

Lee spoke about the police department regarding an incident at a truck stop a week ago in Victorville involving a deputy from Adelanto.

Diana spoke about cannabis money coming to the city. She spoke about the micro kitchen approval.

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 with item #4 pulled by Evans for discussion and warrant #145807 by Jones and #145739 pulled for discussion by Jeannette.

D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
E. PRESENTATIONS
F. PUBLIC COMMUNICATIONS
G. CONSENT CALENDAR
20 City Council Minutes
Regular Meeting
October 13, 2021
3 2. Approval of Meeting Minutes: December 24, 2020 – Special Meeting April 14, 2021 – Regular Meeting
April 28, 2021 – Regular Meeting
May 12, 2021 – Regular Meeting
May 26, 2021 – Regular Meeting

3. Receive and File Commercial and Residential Recycling Department Report.

4. Consideration of Resolution No. 21-49 approving the Fiscal Year 2021/2022 Transportation Development Act (TDA) Claim and Authorizing Submission by the City Manager to the San Bernardino County Transportation Authority (SBCTA) for Local Transportation Funds (LTF).

RESOLUTION NO. 21-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO AUTHORIZING THE CITY TO FILE FISCAL
YEAR 2021-2022 LTF - ARTICLE 8a LOCAL STREETS AND

ROADS CLAIMS WITH THE SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY (SBCTA)

5. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 21/22-04-01- 145737 through 145948 for the total amount of $4,465,583.95
b. Approval of City of Adelanto EFT Warrant 21/22-04-01 1502 in the total amount of $1,091,437.28.

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). .

H. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
21 City Council Minutes
Regular Meeting
October 13, 2021
4 MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to approve the consent calendar as presented.

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. 2021-2026 MEASURE I CAPITAL PROJECT IMPROVEMENT PLAN. (BRIAN) RECOMMENDATION: Staff recommends that the City Council Approve Resolution No. 21- 53, adopting the 2021-2026 Measure I Capital Project Improvement Plan.

RESOLUTION NO 21-53

A RESOLUTION OF THE COUNCIL OF THE CITY OFADELANTO, SAN

BERNARDINO COUNTY, STATE OF CALIFORNIA, ADOPTING THE

M E A S U R E I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR
FY2021/2022 THROUGH FY2025/2026
Engineer Wolfe presented the staff report.

Discussion ensued regarding the priority and what type of work.

Mayor Reyes opened public comment at 7:51 p.m.

Mayor Reyes closed public comment at 7:53 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to Approve I. NEW BUSINESS
22 City Council Minutes
Regular Meeting
October 13, 2021
5 Resolution No. 21-53, adopting the 2021-2026 Measure I Capital Project Improvement Plan.

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. PARCEL MAP 20350 FINAL ACCEPTANCE (BRIAN)
RECOMMENDATION: Staff recommends City Council receive and accept Parcel Map 20350 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20350 on behalf of City Council.

Contracted Engineer Wolfe presented the staff report.

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

Mayor Reyes closed public comment at 8:07 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to receive and accept Parcel Map 20350 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20350 on behalf of City Council.

Roll Call Vote:

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

3. 6TH CYCLE HOUSING ELEMENT UPDATE RECEIVE & FILE REPORT (DAVE/MARY) RECOMMENDATION: Staff recommends that the City Council receive & file the 6th Cycle 23 City Council Minutes
Regular Meeting
October 13, 2021
6 Housing Element Update.

Consultant Blodgett presented the staff report.

Council Member Evans shared her frustration with not having workshops prior to the approval and having the report sooner than one meeting prior to the approval.

Mayor Reyes spoke about the item.

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

Magda spoke about consultant and needing more things in the area for citizens.

Diana spoke about Blodgett contract and the monies.

Lee spoke about the project not being done right.

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

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to receive & file the 6th Cycle Housing Element Update.

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).

4. APPROVE REQUEST BY THE ADELANTO ELEMENTARY SCHOOL DISTRICT (AESD) TO CONTRIBUTE $50,000.00 PER YEAR FOR SCHOOL CROSSING GUARDS, AND APPROVE RESOLUTION 21-50 AMENDING THE BUDGET AND AUTHORIZE PAYMENT. (JESSIE)
RECOMMENDATION: Staff recommend the City Council approve the request by the Adelanto Elementary School District for contributions of $50,000 per year for school crossing guards and approve Resolution 21-50 amending the budget and authorize payment.

RESOLUTION NO. 21-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO,
24 City Council Minutes
Regular Meeting
October 13, 2021
7 CALIFORNIA, AMENDING THE ADOPTED OPERATING
BUDGET FOR FISCAL YEAR 2021/22
City Manager Flores presented the staff report.

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

Diana spoke about the school district budget and how much they allotted in their budget. She spoke about the Superintendant doing politics with the Mayor and Mayor Pro Tem.

Magda agreed with the previous speaker.

Lee wants to make sure they are providing crossing guards.

Mayor Reyes closed public comment at 9:02 p.m.

Consensus of council was for staff to reach out to the school district to get location of crossing guards and number of employees.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve the request by the Adelanto Elementary School District for contributions of $50,000 per year for school crossing guards and approve Resolution 21-50 amending the budget and authorize payment.

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).

5. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE

CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER

CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E) AND OTHER APPLICABLE PROVISIONS AB 361. (JESSIE) RESOLUTION NO. 21-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

PROCLAIMING A LOCAL EMERGENCY, RATIFYING THE

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

TELECONFERENCE MEETINGS OF THE CITY COUNCIL, CITY

BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO,
FOR THE PERIOD FROM OCTOBER 13, 2021 THROUGH
NOVEMBER 13, 2021 PURSUANT TO BROWN ACT PROVISIONS.
25 City Council Minutes
Regular Meeting
October 13, 2021
8 City Attorney Marc Tran presented the staff report.

Stephanie from the City Attorney's office presented information.

Mayor Reyes opened public comment at 9:18 p.m.

Lizette stated there should be hybrid meetings.

Diana also wanted hybrid meetings.

Magda said everyone is out and about so there should be in person meetings.

Mayor Reyes closed public comment at 9:20 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve approval of a 30-day resolution regarding the conduct of teleconferenced meetings of the city council and other city bodies under the modified rules set forth under government code section 54953(e) and other applicable provisions ab 361.

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).

6. APPROVE RESOLUTION 21-52 AUTHORIZING THE USE OF A COOPERATIVE

PURCHASE AGREEMENT WITH THE STATE OF CALIFORNIA TO PURCHASE

NECESSARY VEHICLES AND CONTRACT FOR THE MODIFICATION OF SUCH VEHICLES FOR USE IN THE CITY OF ADELANT. (ANGEL)
RECOMMENDATION: Staff recommends that Council approve Resolution 21-52 Authorizing the use of a Cooperative Agreement with the State of California to purchase necessary vehicle and contract for the modification of such vehicles for their use in the City of Adelanto.

RESOLUTION NO. 21-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE USE OF A COOPERATIVE PURCHASE

AGREEMENT WITH THE STATE OF CALIFORNIA AND

DOWNTOWN FORD IN SACRAMENTO CALIFORNA
Director of Finance Castellanos presented the staff report.

Mayor Reyes opened public comment at 9:35 p.m.
26 City Council Minutes
Regular Meeting
October 13, 2021
9 Diana asked about the city knowing that this was needed prior to this. She also asked about the Mercedes van that was purchased and what it's being used for.

Magda spoke about her concerns.

Mayor Reyes closed public comment at 9:41 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve Resolution 21-52 Authorizing the use of a Cooperative Agreement with the State of California to purchase necessary vehicle and contract for the modification of such vehicles for their use in 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).

7. DISCUSSION LETTER OF SUPPORT - MICRO ENTERPRISE HOME KITCHEN OPERATIONS MEHKO(S).

RECOMMENDATION: Staff recommends that the City Council discuss authorizing a letter of support for Micro Enterprise Home Kitchen Operations MEHKO(s).

City Manager Flores presented the staff report.

City Clerk Lopez shared that there were approximately 20 letters sent in for public comment and were sent to council and the city attorney.

Mayor Reyes opened public comment at 9:56 p.m.

Lizette request they approve the item and shared it's been working in Riverside.

Maria spoke about COVID hitting areas hard.

Torres spoke in support of the item.

Diana supports the item.

Tao supports the item.
27 City Council Minutes
Regular Meeting
October 13, 2021
10 Magda spoke in favor of the item.

Lee also supported the item.

Mayor Reyes closed public comment at 10:17 p.m.

Further discussion ensued regarding the item.

MOTION: Moved by Council Member Evans, seconded by none to authorize a letter of support for the MEHKO(s) to the Board of Supervisors.

Motion failed with no second.

RESOLUTION NO. 21-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO AUTHORIZING THE CITY TO FILE FISCAL
YEAR 2021-2022 LTF - ARTICLE 8a LOCAL STREETS AND

ROADS CLAIMS WITH THE SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY (SBCTA)
Director of Finance Castellanos spoke on the item.

Council Member Evans had questions regarding additional money that would be needed.

Director of Finance Castellanos provided clarification.

MOTION: Member Moved by Council Member Evans, seconded by Mayor Reyes to approve item #4 from the consent calendar.

Roll Call Vote:

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

J. ITEMS REMOVED FROM THE CONSENT CALENDAR
28 City Council Minutes
Regular Meeting
October 13, 2021
11 Warrant #145807 and #145739
Director of Finance Castellanos provided information on the warrants.

Council Member Jeannette asked questions regarding renting items that could be purchasing items instead and readily available.

Council Member Jones had questions and Director of Finance Castellanos provided clarification.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to approve warrant #'s 145807 and 145739.

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 Jones requested details on Bellflower and Mojave water issues.

Mayor Reyes asked for a workshop on MEHKO(s). Further discussion ensued regarding the next step.

None.

The next Regular Meeting of the City Council will be held on October 27, 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 Jeannette to adjourn the meeting.

K. FUTURE AGENDA ITEMS
L. PUBLIC COMMUNICATIONS
M. ADJOUNRMENT
29 City Council Minutes
Regular Meeting
October 13, 2021
12 Roll Call Vote:

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
October 27, 2021
The Adelanto City Council held the Regular Meeting on Wednesday, October 27, 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 6:02 p.m.

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

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).

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: 12000 Stadium Way, Adelanto, CA 92301
City Negotiators: City Manager and City Attorney
Under Negotiation: Lease Price and Terms
City Attorney announced closed session items.

A. CALL TO ORDER – CLOSED SESSION MEETING
B. DELETIONS / ADDITIONS TO AGENDA
C. APPROVAL OF AGENDA
D. ANNOUNCEMENT OF CLOSED SESSION ITEMS
E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
31 City Council Minutes
Regular Meeting
October 27, 2021
2 Mayor Reyes opened public comments at 6:03 p.m.

Mayor Reyes closed public comment at 6:03 p.m.

Council convened into closed session at 6:04 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 reconvened the regular meeting at 7:53 p.m.

Mayor Reyes called the regular meeting to order at 7:53 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.

Council Member Evans spoke about the parks having a possible cleanup fee when allowing people to use it for gatherings. She spoke about getting donations for candy for an event.

Council Member Jeannette gave thanks to the fire department regarding a fire on Crippen. She spoke about an event on October 30th from 12-4 p.m. hosted by Burrtec. She gave an overview of F. CONVENE INTO CLOSED SESSION
G. RECONVENE FROM CLOSED SESSION
H. CALL TO ORDER - REGULAR MEETING
I. CLOSED SESSION REPORT
J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
32 City Council Minutes
Regular Meeting
October 27, 2021
3 meetings and events she attended. She announced the upcoming food share happening.

Council Member Jones spoke asked for an update regarding the intersection construction work was going to completed at Verbena and Hwy 18.

Mayor Reyes spoke about the expansion of Hwy 18 through Adelanto.

City Manager Flores spoke about meetings he attended.

None.

Mayor Reyes opened public comment at 8:13 p.m.

Magda spoke about Veterans Day. She spoke about issues on Palmdale and Hwy 395.

Mayor Reyes closed public comment at 8:16 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.

2. Adoption of Resolution No. 21-54 Approving CalPERS Health as the City’s Medical Benefits Program for City Non-CalPERS Elected Officials in the Management Group.

RESOLUTION NO. 21-54
K. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
L. PRESENTATIONS
M. PUBLIC COMMUNICATIONS
N. CONSENT CALENDAR
33 City Council Minutes
Regular Meeting
October 27, 2021
4 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 700 NONPERS ELECTED

OFFICIALS
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 Council Member Jeannette to approve the consent calendar as presented.

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. APPROVAL OF AN AGREEMENT WITH THE BARSTOW HUMANE SOCIETY TO

PROVIDE ANIMAL SHELTERING AND RELATED SERVICES FOR A THREE-YEAR O. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
P. NEW BUSINESS
34 City Council Minutes
Regular Meeting
October 27, 2021
5 TERM AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. (ANGEL)
RECOMMENDATION: Staff recommends that Council approve an 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.

Finance Director Castellanos presented the staff report.

Discussion ensued regarding the service that will be provided.

Mayor Reyes opened public comment at 8:26 p.m.

Magda asked about online ability to review found animals. She spoke about bad experiences with other animal shelters.

Mayor Reyes closed public comment at 8:28 p.m.

Jerry Sanders answered Magda's questions explaining that the online database is updated every 24 hours. He explained the animals are held for 7 days.

MOTION: Moved by Council Member Jeannette, seconded by Council Member Jones to approve an 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.

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. APPROVE CONTRACT AMENDMENT NO. 2 FOR INFORMATION TECHNOLOGY

SERVICES WITH LAN WAN TO PERFOM NETWORK ADMINISTRATION AND

INFORMATION TECHNOLOGY SERVICES INCLUDING DUTIES OF SENIOR NETWORK ENGINEER AND INFORMATION TECHNOLOGY II CONSULTING SERVICES. (ANGEL) RECOMMENDATION: Staff recommends that Council approve contract amendment no. 2 for network administration and information technology services including duties of senior network engineer and information technology II consulting services with LAN WAN Enterprises.

Finance Director Castellanos presented the staff report.

Discussion ensued regarding total number of hours per week. 35 City Council Minutes
Regular Meeting
October 27, 2021
6 Mayor Reyes opened public comment at 8:43 p.m.

Mayor Reyes closed public comment at 8:44 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve contract amendment no. 2 for network administration and information technology services including duties of senior network engineer and information technology II consulting services with LAN WAN Enterprises.

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).

3. ADOPT LOCAL ROAD SAFETY PLAN FOR THE CITY OF ADELANTO. (BRIAN) RECOMMENDATION: Staff recommends City Council accept and adopt the attached Local Road Safety Plan (LRSP) for the City of Adelanto.

City Engineer Wolfe presented the staff report.

Ron Kilpatrick from David Evans Offices presented a report.

Mayor Reyes opened public comment at 9:08 p.m.

Magda spoke about having stop signs with flashers on them near the schools.

Mayor Reyes closed public comment at 9:10 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to accept and adopt the attached Local Road Safety Plan (LRSP) 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). 36 City Council Minutes
Regular Meeting
October 27, 2021
7 4. RECOMMEND AWARD OF CONTRACT FOR THE WHITE AVENUE WATER AND STORM DRAIN PROJECT. (BRIAN)
RECOMMENDATION: Staff recommends City Council approve and award of contract for the White Avenue Water and Storm Drain 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.

Discussion ensued regarding the project.

Mayor Reyes opened public comment at 9:26 p.m.

Mayor Reyes closed public comment at 9:28 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve and award of contract for the White Avenue Water and Storm Drain 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
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

None.

Council Member Jeannette asked for an update about getting electronic sides for the stadium to advertise all of the events.

Q. ITEMS REMOVED FROM THE CONSENT CALENDAR
R. FUTURE AGENDA ITEMS
S. PUBLIC COMMUNICATIONS
37 City Council Minutes
Regular Meeting
October 27, 2021
8 None.

The next Regular Meeting of the City Council will be held on November 10, 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 Evans to adjourn the meeting.

Roll Call Vote:

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
November 10, 2021
The Adelanto City Council held the Regular Meeting on Wednesday, November 10, 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 6:02 p.m.

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

Council Members Absent: Jeannette
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos excuse Council Member Jeannette.

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

None.

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

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

A. CALL TO ORDER – CLOSED SESSION MEETING
B. DELETIONS / ADDITIONS TO AGENDA
C. APPROVAL OF AGENDA
39 City Council Minutes
Regular Meeting
November 10, 2021
2 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8.

Property: 12000 Stadium Way, Adelanto, CA 92301
City Negotiators: City Manager and City Attorney
Under Negotiation: Lease Price and Terms

2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(d)(1). [3 CASES].

1. Apolonio Gutierrez v. City of Adelanto, et al. (San Bernardino Superior Court Case No. CIVSB2100345)

2. Steven Peltier v. City of Adelanto, et al. (San Bernardino Superior Court Case No.

CIVSB2103437)

3. Amber Tisdale v. City of Adelanto, et al. (San Bernardino Superior Court Case No.

CIVSB2110241)

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANTEXPOSURE TO LITIGATION PURSUANT TO PARAGRAPHS (2) OR (3) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: [1 CASE].

City Attorney Tran announced closed session items.

Mayor Reyes opened public comments.

Mayor Reyes closed public comments.

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

Mayor Reyes reconvened the regular meeting at 7:39 p.m.

D. ANNOUNCEMENT OF CLOSED SESSION ITEMS
E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
F. CONVENE INTO CLOSED SESSION
G. RECONVENE FROM CLOSED SESSION
40 City Council Minutes
Regular Meeting
November 10, 2021
3 City Attorney Tran stated council was given direction and no reportable action was taken.

Mayor Reyes called the regular meeting to order at 7:53 p.m.

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

Council Members Absent: Jeannette
Invocation: Council Member Jones.

Flag Salute: Mayor Pro Tem Ramos.

Council Member Evans spoke about the repairs on Pearmain. She spoke about the construction on Verbena.

Mayor Reyes recognized Council Member Jones for his football team. He spoke about a meeting the city had with Edison and that he feels it went great.

Mayor Pro Tem Ramos thanked Veterans past, present, and future.

City Manager Flores spoke about events taking place within the city.

None.

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

H. CLOSED SESSION REPORT
I. CALL TO ORDER - REGULAR MEETING
J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
K. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
L. PRESENTATIONS
M. PUBLIC COMMUNICATIONS
41 City Council Minutes
Regular Meeting
November 10, 2021
4 Diana had questions regarding the point of sale system that was purchased for the stadium.

Selena was representing the youth football system and is asking for support in getting the team to the 2021 youth nationals.

High Desert Kings announced their team has also made it to nationals that will be held in Florida.

Magda spoke about the property at Bellflower and Lawson and that something is finally going to be done to rectify the situation.

Cooper family calling regarding the high desert football team success.

Mayor Reyes closed public comment at 8:02 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 warrant #146004 pulled for discussion by Evans.

2. Approval of Proposed Holiday Schedule and Cancellation of December 22, 2021 Council Meeting.

3. Approval of A 30-Day Resolution Regarding the Conduct of Teleconferenced Meetings of the City Council and Other City Bodies Under the Modified Rules Set Forth Under Government Code Section 54953(E) and other Applicable Provisions AB 361.

RESOLUTION NO. 21-55

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A

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

AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY

COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM NOVEMBER 12, 2021 THROUGH DECEMBER 12, 2021 PURSUANT TO BROWN ACT PROVISIONS.

4. Approval of Warrant:

N. CONSENT CALENDAR
42 City Council Minutes
Regular Meeting
November 10, 2021
5 a. Approval of City of Adelanto Warrant, 21/22-05-01- 145949 through 146124 for the total amount of $680,068.75.
b. Approval of City of Adelanto EFT Warrant 21/22-05-01 1503 through 1559 in the total amount of $2,964,154.85
Roll Call Vote:

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

1. PARCEL MAP 20293 FINAL ACCEPTANCE. (BRIAN)
RECOMMENDATION: Staff recommends City Council receive and accept Parcel Map 20293 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20293 on behalf of City Council.

Contracted Engineer Wolfe presented the staff report.

Mayor Reyes opened public comment at 8:07 p.m.

Mayor Reyes closed public comment at 8:08 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to receive and accept Parcel Map 20293 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20293 on behalf of City Council.

Roll Call Vote:

Evans: Yes
Jeannette: absent
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Evans, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Jeannette O. NEW BUSINESS
43 City Council Minutes
Regular Meeting
November 10, 2021
6 noted as absent).

2. AFFIRM ANNEXATION OF STONEBRIAR IV – TRACT 20133 INTO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT. (BRIAN)
RECOMMENDATION: Staff recommends approving Resolution No.’s 21-57, 21-58, 21-59 and 21-60 to formally annex Tract 20133 into the Districts, thereby ordering the levy and collection of assessment to be collected on the County tax rolls for Fiscal Year 2021/22.

RESOLUTION NO. 21-57

INITIATING PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY (STONE BRIAR IV - TRACT NO. 20133) TO ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND THE

LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO COMMENCING WITH FISCAL YEAR 2022/2023, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE
AND
RESOLUTION NO. 21-58
DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY KNOWN AS STONE BRIAR IV - TRACT 20133 TO THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 AS ANNEXATION 2021- 028, CALLING FOR A PROPERTY OWNER PROTEST PROCEEDING ON

THE MATTER OF A NEW ASSESSMENT, PURSUANT TO THE

PROVISIONS OF THE CALIFORNIA CONSTITUTION, ARTICLE XIIID, TO

LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO
COMMENCING FISCAL YEAR 2022/2023, PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; AND TO PRELIMINARY APPROVE THE
ANNEXATION ENGINEER’S REPORT
AND
RESOLUTION NO. 21-59

INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY
(STONE BRIAR IV-TRACT NO, 20133) TO ADELANTO LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND THE LEVY AND

COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO
COMMENCING WITH FISCAL YEAR 2022/2023, PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS

AND HIGHWAYS CODE
44 City Council Minutes
Regular Meeting
November 10, 2021
7 AND
RESOLUTION NO. 21-60
DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY TO THE ADELANTO LANDSCAPE MAINTENANCE DISTRICT NO. 1 , AND TO

PROTEST PROCEEDING, TO SUBMIT TO THE QUALIFIED PROPERTY

OWNERS THE QUESTION OF LEVYING SUCH ASSESSMENTS FOR SAID

ANNEXATION TERRITORY PURSUANT TO THE PROVISIONS OF THE

CALIFORNIA CONSTITUTION, ARTICLE XIIID
Brian presented the staff report.

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

Mayor Reyes closed public comment at 8:13 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approving Resolution No.’s 21-57, 21-58, 21-59 and 21-60 to formally annex Tract 20133 into the Districts, thereby ordering the levy and collection of assessment to be collected on the County tax rolls for Fiscal Year 2021/22
Roll Call Vote:

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

Warrant #146004
Council Member Evans wanted clarification on what the item was.

Finance Director Castellanos provided an explanation
P. ITEMS REMOVED FROM THE CONSENT CALENDAR
45 City Council Minutes
Regular Meeting
November 10, 2021
8 MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve warrant #146004.

Roll Call Vote:

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

Mayor Reyes asked for an update regarding the CALTRANS work that is taking place in the city.

Council Member Evans requested a presentation on the report and findings on the Racism is a Public Health Crisis Committee. She also wanted action items for phase 1 of the Racism is a Public Health Crisis.

MOTION: Moved by Council Member Evans, seconded by Mayor Reyes to approve a presentation, receive and file the report and action items for phase 1 of the Racism is a Public Health Crisis.

Roll Call Vote:

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

Mayor Reyes asked for an update regarding the sidewalk repair within the city.

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

Q. FUTURE AGENDA ITEMS
R. PUBLIC COMMUNICATIONS
46 City Council Minutes
Regular Meeting
November 10, 2021
9 Mayor Reyes closed public comment.

The next Regular Meeting of the City Council will be held on November 24, 2021, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 8:26 p.m.

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

Roll Call Vote:

Evans: Yes
Jeannette: absent
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Evans, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Jeannette noted as absent).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
S. ADJOURNMENT
47 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
November 24, 2021
A. CALL TO ORDER –CLOSED SESSION MEETING
The Adelanto City Council held the Regular Meeting on Wednesday, November 24, 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 6:01 p.m.

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

B. ADDITIONS / DELETIONS TO THE AGENDA
None.

C. APPROVAL OF THE AGENDA
MOTION: Moved by Council Member Jeannette, seconded by Mayor Pro Tem Ramos to approve the agenda as presented.

Roll Call Vote:

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

D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9, subdivision (d)(1):
● National Prescription Opiate Litigation, U.S. District Court, Northern District of Ohio, Case No. 1:17-MD-02804
48 City Council Minutes
Regular Meeting
November 24, 2021
2 City Attorney Tran announced the closed session items.

E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
Mayor Reyes opened public comment at 6:03 p.m.

Mayor Reyes closed public comment at 6:03 p.m.

F. CONVENE INTO CLOSED SESSION
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to convene into closed session.

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).

G. RECONVENE FROM CLOSED SESSION
Mayor Reyes reconvened the meeting at 7:03 p.m.

H. CALL TO ORDER -REGULAR MEETING
Mayor Reyes called to order the regular meeting at 7:03 p.m.

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

Invocation: Council Member Jeannette
Flag Salute: Council Member Jones
49 City Council Minutes
Regular Meeting
November 24, 2021
3 I. CLOSED SESSION REPORT
City Attorney Tran stated there was no final action taken on the closed session items.

J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans wished everyone a Happy Thanksgiving. She requested staff do some research on public bids, contracts, and hiring regarding demographics. She spoke about keeping track of the amount of gas and miles for Council with their own codes so it’s accurate. She asked staff to check 9517 Commerce Way regarding the property operating an illegal cannabis business.

Council Member Jeannette spoke about meetings that she attended. She attended an expo regarding the newest trains. She thanked Curbside and Kicks Kafe Senior Club for their event they put on.

Council Member ones wished everyone a Happy Thanksgiving.

Mayor Pro Tem Ramos wished everyone a Happy Thanksgiving and shared he is grateful for the growth the city has taken this year. He thanked staff for their work and looks forward to moving forward in the next year.

Mayor Reyes spoke about hiring an environmental attorney and lobbyist to help with mitigation plans for the Joshua trees. He shared he attended the monthly meeting with staff for projects with Edison. He thanked everyone for the stadium events.

K. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
City Manager Flores spoke about Code Enforcement and Animal Control becoming fully staffed.

He shared they will be addressing graffiti and trash. He announced a new building of condos in the area of Hwy 18 and Palmdale. He also spoke about the Holiday Express project at Hwy 395 and Air Expressway.

L. PRESENTATIONS
None.

M. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 8:00 p.m.
50 City Council Minutes
Regular Meeting
November 24, 2021
4 909-854 Eduardo spoke in favor of cleaning up graffiti. He spoke about not being in support of micro kitchens.

Diana spoke in support of the previous caller. She said the city is drowning in trash and not receiving honest service. She spoke about the cost for services.

Tonya spoke about feeding seniors. She spoke about the meetings needing to be in person again so the public can attend.

Lee started to speak about the police and started to become belligerent.

Magda shared that she feels we should have our own city police department.

Mayor Reyes closed public comment.

N. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

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

2. Adoption of Resolution No. 21-69 – Authorizing the Observance of Certain Designated City Holidays on Alternative Days for the 2021 Year for Management and Confidential/Professional Employees.

RESOLUTION NO. 21-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO AUTHORIZING THE OBSERVANCE OF

CERTAIN DESIGNATED CITY HOLIDAYS ON
ALTERNATIVE DAYS FOR THE 2021 CALENDAR YEAR FOR

MANAGEMENT AND CONFIDENTIAL/PROFESSIONAL

EMPLOYEES

3. Side Letter Agreement No. 1 – to the 2021-2022 Memorandum of Understanding (MOU) between the City of Adelanto and the California Teamsters Local 911. 51 City Council Minutes
Regular Meeting
November 24, 2021
5 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).

O. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

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

2. Approval of Water Department Report.

Roll Call Vote:

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

P. PUBLIC HEARING

1. AFFIRM ANNEXATION OF STONEBRIAR IV – TRACT 20133 INTO STREET

LIGHTING MAINTENANCE DISTRICT AND LANDSCAPE MAINTENANCE DISTRICT NO. 1. (ANGEL)
RECOMMENDATION: Staff recommends that the City Council:

1. Conduct the Public Hearing regarding the Annexation of Tract 20133 to Streetlight 52 City Council Minutes
Regular Meeting
November 24, 2021
6 Maintenance Assessment District No. 1. and Landscape Maintenance District No.1.

2. After receiving all testimony, close the Public Hearing and Direct the City Clerk or their designee to tabulate the ballots returned.

3. Upon completion of the ballot tabulation adopt the following Resolutions: No. 21- 64, and 21-66 declaring the results of the property owner protest ballot proceeding conducted for the levy of assessments related to the Annexation of Tract 20133 to the Adelanto Streetlight Maintenance Assessment District No. 1. and Landscape Maintenance District No.1.

4. Adopt Resolutions No. 21-65 and 21-67 confirming the Annexation of Tract 20133 to the Adelanto Streetlight Maintenance Assessment District No. 1. and Landscape Maintenance District No.1., the diagram and assessments related thereto, overruling all protests concerning the Assessments, and ordering the Levy and Collection of Assessments for Fiscal year 2022/2023.

RESOLUTION NO. 21-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, CALIFORNIA, DECLARING THE RESULTS OF THE

PROPERTY OWNER PROTEST BALLOT PROCEEDING CONDUCTED

FOR THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION
OF STONE BRIAR IV - TRACT 20133 TO THE ADELANTO
STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1,
COMMENCING IN FISCAL YEAR 2022/2023 AND APPROVING

CERTAIN RELATED ACTIONS
AND
RESOLUTION NO. 21-65

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

CALIFORNIA CONFIRMING THE ANNEXATION OF PARCELS WITHIN
STONE BRIAR IV - TRACT 20133, TO THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, THE DIAGRAM AND

ASSESSMENTS RELATED THERETO, OVERRULING ALL PROTESTS

CONCERNING THE ASSESSMENTS, AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022/2023
AND
RESOLUTION 21-66

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

CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER

PROTEST BALLOT PROCEEDING CONDUCTED FOR THE LEVY OF
ASSESSMENTS RELATED TO THE ANNEXATION OF STONE BRIAR IVTRACT 20133 TO THE ADELANTO LANDSCAPE MAINTENANCE 53 City Council Minutes
Regular Meeting
November 24, 2021
7 ASSESSMENT DISTRICT NO. 1, COMMENCING IN FISCAL YEAR
2022/2023 AND APPROVING CERTAIN RELATED ACTIONS
AND
RESOLUTION NO. 21-67

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

CALIFORNIA CONFIRMING THE ANNEXATION OF PARCELS WITHIN
STONE BRIAR IV-TRACT 20133, TO THE ADELANTO LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT NO. 1, THE DIAGRAM AND

ASSESSMENTS RELATED THERETO, OVERRULING ALL PROTESTS

CONCERNING THE ASSESSMENTS, AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022/2023
Director of Finance Castellanos presented the staff report.

Mayor Reyes opened public comment at 8:08 p.m.

Diana Esmeralda asked if this means the city will be hiring more people to help keep up those areas.

Tonya Edwards shared she is in favor of the lighting as it helps prevent criminal activity. She asked for clarification on where the money is going to be coming from.

Magda shared the same concerns as the previous callers. She spoke about the taxes killing the residents.

Mayor Reyes closed public comment at 8:14 p.m.

Further discussion ensued regarding the item.

City Clerk Lopez opened the ballot for the street light maintenance district #1 annexation 2021- 028 and have for parcels 312876101 through 3128761-22 through 3128-762-01 through 3128- 762-59 all in favor for the street light maintenance.

City Clerk Lopez opened the ballot for the landscape maintenance district for parcels 312876101 through 3128761-22 through 3128-762-01 through 3128-762-59 all in favor for the street light maintenance.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to adopt the following Resolutions: No. 21-64, and 21-66.
54 City Council Minutes
Regular Meeting
November 24, 2021
8 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: Moved by Council Member Jeanette, seconded by Council Member Jones to adopt Resolutions No. 21-65 and 21-67 confirming the Annexation of Tract 20133 to the Adelanto Streetlight Maintenance Assessment District No. 1. and Landscape Maintenance District No.1., the diagram and assessments related thereto, overruling all protests concerning the Assessments, and ordering the Levy and Collection of Assessments for Fiscal year 2022/2023.

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).

Q. NEW BUSINESS

1. DISCUSSION – CONSIDERATION AND APPROVAL OF A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF ADELANTO, AUTHORIZING THE CITY ENTER

INTO THE SETTLEMENT AGREEMENTS WITH OPIOIDS DISTRIBUTORS AND JOHNSON & JOHNSON. (ATTORNEY)
RECOMMENDATION: Staff recommends the consideration and approval of the Resolution of the City Council of the City of Adelanto, California, authorizing the City enter into the settlement agreements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Janssen Pharmaceutical, Inc., OrthoMcNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutical, Inc., agree to the terms of the MOU allocating settlement proceeds, and authorize entry into the MOU with the attorney general.

The City Attorney presented the staff report.
55 City Council Minutes
Regular Meeting
November 24, 2021
9 Mayor Reyes opened the public hearing at 8:29 p.m.

Diana spoke about a needle exchange and spoke about having no plan.

Mayor Reyes closed the public hearing at 8:31 p.m.

Further discussion ensued regarding the item.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approval of the Resolution of the City Council of the City of Adelanto, California, authorizing the City enter into the settlement agreements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Janssen Pharmaceutical, Inc., OrthoMcNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutical, Inc., agree to the terms of the MOU allocating settlement proceeds, and authorize entry into the MOU with the attorney general.

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. CONSIDERATION OF APPROVAL OF A LICENSE AGREEMENT BETWEEN THE

CITY OF ADELANTO AND KICKS KAFE SENIOR KLUB AND CURBSIDE TO USE THE SENIOR CENTER. (ANGEL)
RECOMMENDATION: Approve a License Agreement between the City of Adelanto and Kicks Kafe Senior Klub and Curbside for an annual sum of one dollar ($1.00) and to pay for their proportional share of the utilities, as determined by City staff.

Director of Finance Castellanos presented the staff report.

Council Member Jeannette recused herself from the item.

Further discussion ensued regarding the item.

Mayor Reyes broke for recess at 8:52 p.m.

Mayor Reyes reconvened the meeting at 9:00 p.m.
56 City Council Minutes
Regular Meeting
November 24, 2021
10 Mayor Reyes opened the public hearing at 9:02 p.m.

Tonya Edwards spoke about supporting the seniors.
760-918 shared that they feel the name is racist for the Kicks Kafe Senior Klub. 760-74 Michael Brown shared he is confused. He asked for clarification regarding the senior center being closed but yet claiming to help the seniors. He shared that Next Level has been the only one that is open and feeding the seniors.

Esther said there is miscommunication and she has black children and knows the background.

Diana spoke about it not being fair. She asked that the contract be given back. 310-59 Hampton asked that the contract not be given to Joy.

Magda spoke about the KKK. She appreciates Curbside.
909-64 Pastor Ammie has done more for the seniors.

Abel with Curbside shared his thoughts on the item and shared that Joy Jeannette helped with getting transportation for the seniors.

Sharon Green shared she is with a non-profit that provides services for the community. She shared that when Jeannette recused herself that she should not be allowed to give any comment on the item.

Mayor Reyes closed the public hearing at 9:51 p.m.

Further discussion ensued.

Council agreed to table the item to a future agenda unknown.

3. CONSIDERATION OF APPROVAL OF SEPARATE LICENSE AGREEMENTS

BETWEEN THE CITY OF ADELANTO AND HIGH DESERT COMMUNITY

FOUNDATION AND BETWEEN SWAPPING MAMAS CLOTHING SWAP / CLOSET TO USE GLASPER CENTER. (ANGEL)
RECOMMENDATION: Approve separate License Agreements between the City of Adelanto and High Desert Community Foundation and Swapping Mamas Clothing Swap / Closet to use Glasper Center for an annual sum of one dollar ($1.00) and for each to pay their own proportional share of the utilities, as determined by City staff.

Director of Finance Castellanos presented the staff report. 57 City Council Minutes
Regular Meeting
November 24, 2021
11 Carmen High Desert Community Foundation shared was available for questions.

Josh from swapping Mamas stated that they provide hygiene and clothing once a month.

Mayor Reyes opened the public hearing at 11:06 p.m.

Diana shared that she thinks that this is a good time to think about a Parks & Rec director to handle this type of thing.

Michael Brown shared the youth events they do for the community. He spoke about wanting to do more for the community.
760-09 Karen Green from Victor Valley Family Resource center shared they provide resources to the community and how convenient it would be to use the Glasper center for the residents.

Magda agreed with Mr. Brown and also shared that we need a boys & girls club. She said she hopes that the city considers him to do things for our kids.

Mayor Reyes closed the public hearing at 11:15 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to table the item for a future agenda date unknown.

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).

4. CONSIDERATION OF APPROVAL OF A SECOND AMENDMENT BETWEEN THE

CITY OF ADELANTO AND ANOTHER LEVEL FOR WOMEN TO USE THE COMMUNITY CENTER. (ANGEL)
RECOMMENDATION: Approve a Second Amendment between the City of Adelanto and Another Level for Women for an annual sum of one dollar ($1.00) and to pay for their proportional share of utilities, as determined by City staff.

Director of Finance Castellanos presented the staff report. 58 City Council Minutes
Regular Meeting
November 24, 2021
12 Mayor Reyes opened the public hearing at 11:30 p.m.
810-59 shared that they were having church services at the building and need to kick her out of the building.
760-74 Ammie gives out food every Friday.

Diana said that it is hurtful what they are doing to the community.

Joshua spoke about closing doors.

Magda spoke about Another Level for Women and asked the council to help all. 909-64 is the city not going to follow through with the commitment with Ammie.

Mayor Reyes closed the public hearing at 11:50 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to table the item to a future agenda date unknown.

Roll Call Vote:

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

R. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

S. FUTURE AGENDA ITEMS
None.

T. PUBLIC COMMUNICATIONS
None.
59 City Council Minutes
Regular Meeting
November 24, 2021
13 U. ADJOURNMENT
The next Regular Meeting of the City Council will be held on December 8, 2021, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 12:02 a.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to adjourn 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).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
60 CITY COUNCIL AGENDA REPORT
DATE: November 9, 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 61 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 October 26, 2022, the City Council adopted Resolution No. 22-73 authorizing modified remote teleconference meetings through November 25, 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. 22-76
62 ORDINANCE NO. 637

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, APPROVING AN AMENDMENT TO THE
ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE
PLAN FIGURE LC-2 GENERAL PLAN LAND USE AND

ZONNING MAP IN SIX AREAS WITHIN THE CITY OF

ADELANTO, CALIFORNIA AND MAKING FINDINGS IN

SUPPORT THEREOF
WHEREAS, the applicant, the City of Adelanto, has initiated the filing of a General Plan Amendment No. GPA 22-05 and Zone change No. ZC 22-04 to amend the Adelanto North 2035 Comprehensive Sustainability Plan, Figure LC-2, Land Use Plan and Adelanto General Plan Land Use & Zoning Map (March 22, 2022) in four geographic areas as shown in Figures 3.1 through

3.4 of the First Addendum to the City Of Adelanto General Plan Land Use Element Certified Final Environmental Impact Reports and as described as follows:

Area 1: From Single Family Residential (R1) with a density allowance of 4 units/acre to Single Family residential (R-S5) that allows 5 units/acre, approximately 40 acres bordered by Vintage Road to the north, Chamberlaine Way to the south, Stevens Street to the east, and Raccoon Avenue to the west (9 parcels).

Area 2: From Business Park (BP) to Manufacturing/Industrial (MI), for approximately 750 acres generally bordered by Air Expressway and Yucca Avenue on the north, Rancho Road and Powerline Road to the south, Emerald Road and Cobalt Road to the east, and US 395 and Adelanto Road to the west; and from Light-Manufacturing (LM) to Manufacturing/Industrial for approximately 117 acres generally bordered by Rancho Road to the south, Cobalt Road to the east, Emerald Road to the west, and a point approximately 2,700 feet north of Rancho Road extending between Yucca Road and Emerald Road, and from Commercial (C) to Manufacturing/Industrial (MI) for approximately 13 acres generally bordered by Violet Road to the North, 395 to the west Adelanto Road to the east and Rancho Road to the south (113 parcels).

Area 3: From Mixed Use (MU) to Manufacturing /Industrial (MI) for approximately 75 acres generally bordered by Violet Road on the north, Rancho Road on the south, US 395 on the east, and Bellflower Street on the west (31 parcels).

Area 4: From Mixed Use (MU) to Light Manufacturing (LM) for approximately 3.38 acres, on the west side of Adelanto Road approximately 2,276 feet south of Rancho Road (1 parcel).

To amend the Adelanto General Plan Land Use & Zoning Map (March 22, 2022) in two geographic areas as shown in Figure 4.1 of the First Addendum to the City Of Adelanto 63 General Plan Land Use Element Certified Final Environmental Impact Reports and described as follows.

Area 5: From Single Family Residential (R1) with a density allowance of 4 units/acre to Single Family residential (R-S5) that allows 5 units/acre, approximately 530 acres, generally bordered by the north by Holly Road, Cactus Road on the south, Bellflower Street on the east, and Calendula Road on the west (87 parcels).

Area 6: From Single Family Residential (R1) with a density allowance of 4 units/acre to Single Family residential (R-S5) that allows 5 units/acre, for approximately 1,014 acres, generally bordered by the north by Hook Boulevard and Villa Street, Palmdale Road on the south, Aster Road on the east, and Caughlin Road on the west (85 parcels); and WHEREAS, on October 19, 2022 the Planning Commission conducted a regularly scheduled and legally noticed public hearing for General Plan Amendment No. GPA 22-04 and Zone Change No. ZC 22-04 recommended approval of the proposed Ordinance after considering public testimony and accompanying documents; and
WHEREAS, the City of Adelanto, as lead agency, determined that an Addendum to the previously adopted 2014 Environmental Impact Report, (EIR) SCH No. 20142031034 should be prepared pursuant to the California Environmental Quality Act (“CEQA”) in order to analyze all adverse environmental impacts of the Project; and WHEREAS, the Addendum was posted on the City Planning website from October 7, to October 26 for a 20-day review as well as distributed to relevant State agencies pursuant to State CEQA Guidelines. The General Plan, staff reports, amended area maps, Figure LC-2, and the environmental determination is on file and available through the Development Services Department at Adelanto City Hall.; and
WHEREAS, the Addendum reflects the independent judgment of the City Council of the City of Adelanto and is deemed adequate for purposes of making decisions on the merits of the proposed General Plan Amendment No. GPA 22-05, Zone Change No. ZC 22-04, and accompanying actions; and
WHEREAS, on October 26, 2022, the City Council conducted a duly noticed public hearing on the proposed General Plan Amendment 22-05, Zone Change 22-04, 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.

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. 64 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 22-05 and Zone Change 22-04. 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 General Plan Amendment No. 22-05 and Zone Change No. 22- 04 are consistent with the goals, policies, and objectives of the General Plan.

The proposed General Plan Amendment and Zone Change will amend the General Plan Land Use and Zone Map in order to allow for increased housing density and eliminate non-conforming uses and promote economic development opportunities in the amended areas.

Further, the proposed area amendments are consistent with the City’s Adelanto North 2035 Sustainable Plan, Chapter 3, Economic Development and will also support State Senate Bill 743, which promotes the reduction of greenhouse gas emissions by lessening Vehicle Miles Traveled, through the development of multimodal transportation networks, and a diversity of land uses. (b) The proposed General Plan Amendment No. 22-05 and Zone Change No. ZC 22-04 will not adversely affect surrounding properties in that it has been designed 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 General Plan Amendment and Zone Change.

PASSED, APPROVED AND ADOPTED this 26th of October 2022, by the City of Adelanto.
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
65 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 26th of October, 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 26th of October, 2022.
______________________________
Brenda Lopez, City Clerk
66 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: November 9, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Jim Hirsch, Planning Consultant
SUBJECT: SECOND READING OF ORDINANCE 639 - GENERAL PLAN AMENDMENT NO. 22-04 (GPA 22-04), – to amend the Adelanto North 2035 Comprehensive Sustainable Plan Mobility section to correct Figure M-1, Proposed Roadway Network, to show Existing and Proposed Traffic Signals, and show proposed re-classified Public Collector Street connections to Hwy 395 by right-in /right-out or Signalized Intersections.

STAFF RECOMMENDATION:

Approve Second Reading of Ordinance 639 to adopt findings and approve General Plan Amendment 22- 04 to amend the Adelanto North 2035 Comprehensive Sustainable Plan Mobility section to correct Figure M-1, Proposed Roadway Network, to show Existing and Proposed Traffic Signals, and show proposed re-classified Public Collector Street connections to Hwy 395 by right-in /right-out or Signalized Intersections.

BACKGROUND:

At the Regular City Council meeting of October 26, 2022, the City Council considered General Plan Amendment No. 22-04 (GPA 22-04).

At the Regular City Council meeting of October 26, 2022, the City Council conducted a public hearing and received public testimony, and by majority vote, took the following actions:
• Approved Resolution 22-66, to adopt the Addendum to the previously adopted 2014 Environ mental Impact Report, (EIR), SCH No. 20142031034) and approve General Plan Amend ment No. GPA 22-04 (GPA), based on the findings.
• Introduced First Reading of Ordinance 639 to adopt findings and approve General Plan Amendment 22-04 to amend the Adelanto North 2035 Comprehensive Sustainable Plan Mobility section to correct Figure M-1, Proposed Roadway Network, to show Existing and Proposed Traffic Signals, and show proposed re-classified Public Collector Street connections 67 GPA 22-04,
City Council Hearing 11/09/22

2 to Hwy 395 by right-in /right-out or Signalized Intersections.

At this November 9, 2022, City Council meeting, City Council will consider approving the Second Reading of Ordinance 639. The October 26, 2022 Council report packet is attached as Exhibit D.

EXHIBITS:

A. Signed Council Resolution 22-66 Adopting the Addendum and approving the GPA B. City Council Ordinance No. 639 Adopting the GPA (Second Reading) C. City Council Staff Report Packet for 10/26/22 Hearing

The IS/MND and Associated Studies are on File at the Planning Division and available online at:
https://www.ci.adelanto.ca.us/377/CEQA-Process-Policy
68 ATTACHMENT J
ORDINANCE NUMBER 639

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, APPROVING AN AMENDMENT TO THE
ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE
PLAN MOBILITY SECTION TO CORRECT FIGURE M-1,

PROPOSED ROADWAY NETWORK TO SHOW EXISTING AND
PROPOSED TRAFFIC SIGNALS, AND TO SHOW PROPOSED RECLASSIFIED PUBLIC COLLECTOR STREET CONNECTIONS TO HWY 395 BY RIGHT-IN/RIGHT-OUT OR SIGNALIZED

INTERSECTIONS IN THE CITY OF ADELANTO, CALIFORNIA

AND MAKING FINDINGS IN SUPPORT THEREOF
The project is a proposal to amend the Adelanto North 2035 Comprehensive Sustainable Plan Mobility section to correct Figure M-1, Proposed Roadway Network, to show Existing and Proposed Traffic Signals, and to show proposed re-classified Public Collector Street connections to Hwy 395 by right-in /right-out or Signalized Intersections; and WHEREAS, the applicant, the City of Adelanto, has initiated a General Plan Amendment No. 22-04 to amend the Adelanto North 2035 Comprehensive Sustainable Plan Mobility section to correct Figure M-1, Proposed Roadway Network, to show Existing and Proposed Traffic Signals, and to show proposed re-classified Public Collector Street connections to Hwy 395 by right-in /right-out or Signalized Intersections in the City of Adelanto, California; and
WHEREAS, on October 19, 2022 the Planning Commission conducted a regularly scheduled and legally noticed public hearing for General Plan Amendment No. 22-04 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 Addendum to the previously adopted 2014 Environmental Impact Report, (EIR) SCH No. 20142031034 should be prepared pursuant to the California Environmental Quality Act (“CEQA”) in order to analyze all adverse environmental impacts of the Project; and WHEREAS, the Addendum was posted on the City Planning website from October 7, to October 26 for a 20 day review as well as distributed to relevant State agencies pursuant to State CEQA Guidelines. The General Plan, staff reports, Corrected Mobility Section Figure M-1, and the environmental determination is on file and available through the Development Services Department at Adelanto City Hall.; and
69 WHEREAS, the Addendum reflects the independent judgment of the City Council of the City of Adelanto and is deemed adequate for purposes of making decisions on the merits of the proposed General Plan Amendment 22-04 and accompanying actions; and WHEREAS, on October 26, 2022, the CityCouncil conducted a duly noticed public hearing on the proposed General Plan Amendment 22-04 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.

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 General Plan Amendment 22-04.

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 General Plan Amendment No. 22-04 is consistent with the goals, policies, and objectives of the General Plan.

The proposed General Plan Amendment will amend the General Plan Mobility Element in order to eliminate or minimize existing roadway network inefficiencies which prevent the City from establishing safe, direct access to the City Stadium and City Center as well as hindering the economic development of these assets .

Further, the proposed project is consistent with the City’s Adelanto North 2035 Sustainable Plan, Chapter 3, Economic Development and will also support State Senate Bill 743, which promotes the reduction of greenhouse gas emissions by lessening Vehicle Miles Traveled, through the development of multimodal transportation networks, and a diversity of land uses, which requires the establishment of additional full and restricted access points along State Highway 395. (b) The proposed General Plan Amendment No. 22-04 will not adversely affect surrounding properties in that it has been designed 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 General Plan Amendment.

PASSED, APPROVED AND ADOPTED this 26th of October 2022, by the City of Adelanto.
70 ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
71 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 26th of October, 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 26th of October , 2022.
______________________________
Brenda Lopez, City Clerk
72 CITY COUNCIL AGENDA REPORT
DATE: November 09, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Contract City Engineer
SUBJECT: APPROVE RESOLUTION NO. 22-77 AUTHORIZING EMERGENCY REPAIRS TO THE

INTERSECTION OF MOJAVE DRIVE AND BELLFLOWER STREET
STAFF RECOMMENDATION:

Approve Resolution No. 22-77, authorizing emergency repairs to the intersection of Mojave Drive and Bellflower Street.

BACKGROUND:

The intersection of Mojave Drive and Bellflower Street has long been a low-lying area for the City of Adelanto. Runoff water from rainstorms and residential watering collects and due to poor drainage, the water pooled and remained trapped in this natural bowl. To complicate matters this is a major street where cars and trucks pass through. The combination of the standing water and constant traffic cause the asphalt to erode. Over the years City Staff has repaired and potholed this intersection but due to the large amounts of water, especially from residential watering runoff, the intersection became irreparable.

The intersection of Mojave Drive and Bellflower Street in addition to being a major thoroughfare, is also the location of a bus stop and a connection to at least two elementary schools. In the mornings and afternoon in addition to the traffic children and parents are walking through here. This caused an additional hazard.

The City has mitigated the water by adding a dry well sufficient in size to handle the volume of water that drains into the intersection, however, due to the years of erosion and the now ongoing school year the road required immediate reconstruction to prevent loss of life and property.

The new Engineering department reached out to at least three contractors to provide quotes to repair the intersection. Hillcrest Contracting Inc. was the only positive respondent and was given an emergency contract to perform repair work at the intersection of Mojave Drive and Bellflower Street. The total project cost including design and construction is $387,789.60. Construction commenced on October 17. 2022 and will be completed by November 11, 2022.

Staff recommends City Council adopt the attached resolution to amend the FY 22-23 budget and allocate $387,790.00 (Three hundred Eighty-Seven, Seven hundred Ninety dollars) from Gas Tax fund. 73 FISCAL IMPACT:

There will not be an impact to the General Fund of the City.

The cost of $387,790.00 (Three hundred Eighty-Seven, Seven hundred Ninety dollars) will be paid from The Gas Tax Fund number 210.

ATTACHMENTS:

A. Resolution 22-77
B. Location Map
74 ATTACHMENT ‘B’

PROJECT LOCATION MAP
Mojave Road and Bellflower Street Intersection
75 A
RESOLUTION NO 22-77

A RESOLUTION OF THE COUNCIL OF THE CITY OFADELANTO, SAN

BERNARDINO COUNTY, STATE OF CALIFORNIA, AUTHORIZING FUND ALLOCATION AND PAYMENT TO HILLCREST CONTRACTING INC.

WHEREAS, The intersection of Mojave Drive and Bellflower Street has been deteriorated and was unsafe to pedestrian and vehicular traffic.; and WHEREAS, The City of Adelanto has remediated the underlying drainage problems through the addition of a dry well and;
WHEREAS, The added danger to parents and children caused by erradic vehicular traffic cause and emergency situation and;
WHEREAS, Hillcrest Contracting Inc, was the only contractor of at least three contracters asked for proposals to respond:

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

SECTION 1: Approve the contract with Hillcrest Contracting Inc, in the amount of $387,790.00 (Three hundred Eighty Seven, Seven hundred Ninety dollars) for emergency repairs to the Intersection of Bellflower Street and Mojave Road.

SECTION 2: Amend the Fiscal Year 22-23 Budget as follows; Fund Account Increase
210 2100-511-04 Cost of Capitl Street & Roads $387,790
PASSED, APPROVED AND ADOPTED On this 9th day of November, 2022. ____________________
Gabriel Reyes, Mayor
ATTEST:
_____________________
Brenda Lopez, City Clerk
76 Resolution No. 22-77

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-77 was duly and regularly adopted at a meeting of the City Council of the City of Adelanto on this 9
th day of November, 2022 be the following
vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN: None
IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 19
th day of November , 2022.
______________________________
Brenda Lopez, City Clerk
77 CITY COUNCIL AGENDA REPORT
DATE: November 9, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, City Engineer
SUBJECT: AUTHORIZING CITY TO FILE FY 2022/2023 LOCAL TRANSPORTATION FUNDS (LTF)- ARTICLE 8A LOCAL STREETS AND ROADS CLAIMS WITH THE SAN BERNARDINO

COUNTY TRANSPORTATION AUTHORITY (SBCTA)
STAFF RECOMMENDATION:

Approve Resolution No. 22-78 authorizing City to file FY 2022/2023 Local Transportation Funds (LTF )- Article 8a Local Streets and Roads Claims with the San Bernardino County Transportation Authority (SBCTA)
BACKGROUND:

The California Transportation Development Act of 1971 (“TDA”) provides that one-fourth cent of every sales tax collection on the dollar to be deposited in the State Local Transportation fund (“LTF”) for allocation to local government based upon population. This allocation is managed by the San Bernardino County Transportation Authority (“SBCTA”) and is distributed annually. The balance of this LTF allocation can be requested by each local government to use for the improvement of streets and roads. This application must be made to SBCTA on an official LTF – Article 8a claim form, wherein the applying jurisdiction agrees: (1) that such monies will be used only in accordance with TDA provisions and allocation instructions; (2) to provide financial reporting information; and (3) to provide a governing body authorization document to file said claim. The City’s Finance Department has completed the first two steps of the claim process and now requires City Council authorization to proceed in the collection of these Article 8 funds.

Staff recommends City Council adopt the attached resolution authorizing City to file FY 2022/2023 Local Transportation Funds (LTF)-Article 8a Local Streets and Roads Claims with the San Bernardino County Transportation Authority (SBCTA)
FISCAL IMPACT:

The City of Adelanto’s Fiscal Year (FY) 2022/2023 Article 8 allocation is $61,333. Approval of these recommendations will provide for the funding allocations to meet FY22/23 commitments.

ATTACHMENTS:

A. Resolution 22-78 – Authorization to Submit Claim Forms B. SBCTA Article 8 Claim Form
78 C. SBCTA Article 8 Finance
D. Project Funded through SBCTA Article 8
79 RESOLUTION NO. 22-78

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ADELANTO AUTHORIZING CITY TO FILE FY
2022/2023 LOCAL TRANSPORTATION FUNDS (LTF)-
ARTICLE 8A LOCAL STREETS AND ROADS CLAIMS

WITH THE SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY (SBCTA)
WHEREAS, the California Transportation Development Act of 1971 (“TDA”) provides that one –fourth cent of every sales tax collection on the dollar be deposited in the State Local Transportation Fund (“LTF”) for allocation to local government based upon population; and WHEREAS, this allocation is managed by the San Bernardino County Transportation Authority (“SBCTA”) and is distributed annually; and
WHEREAS, the balance of this LTF allocation can be requested by each local government to use for the improvement of streets and roads; and
WHEREAS, this application must be made to SBCTA on an official LTF – Article 8a claim form, wherein the applying jurisdiction agrees: (1) that such monies will be used only in accordance with TDA provisions and allocation instructions; (2) to provide financial reporting information; and (3) to provide a governing body authorization document to file said claim; and WHEREAS, the City’s Finance Department has completed the first two steps of the claim process and now requires City Council authorization to proceed in the collection of these Article 8 funds.

NOW THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to submit necessary claim forms to the San Bernardino County Transportation Authority (“SBCTA”) for Fiscal Year 2022-2023 LTF funds.

NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to make any necessary budget amendments, transfers, accounting entries, and claim amendments to carry out the City Council’s policies and directives pertaining to this matter and for any future revisions to Fiscal Year 2022-2023 LTF apportionments. 80 Resolution No. 21-49

Page 2 ends

PASSED, APPROVED AND ADOPTED this 9
h
day of November, 2022.
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
81 Resolution No. 22-78

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-78 was duly and regularly adopted at a meeting of the City Council of the City of Adelanto on this 9
th day of November, 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 9
th day of November, 2022.
______________________________
Brenda Lopez, City Clerk
82 83
84 85
86 87
88 89
Project funded through Article 8 Fund
Bellflower Street Rehabilitation from Air Expressway to Chamberlaine Way 90 CITY COUNCIL AGENDA REPORT
DATE: November 9, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: CONSIDERATION OF AMENDMENT NO.2 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH THE TAIT GROUP INC. TO EXTEND THE CONTRACT TERM SIX MONTHS (MARCH 31, 2023) AND INCREASE COMPENSATION.

STAFF RECOMMENDATION:

Staff recommends the City Council approve Amendment No. 2 to the Professional Consultant Services Agreement with The Tait Group Inc. to extend Section 3.1.2 Term on the attached Agreement for six (6) months with an increased compensation of Twenty-Four Thousand Dollars ($24,000).

BACKGROUND:

On September 22, 2021, the City Manager entered into a Professional Consultant Services Agreement (“Agreement”) with The Tait Group Inc. to provide professional transportation consulting and project advocacy services through March 31, 2022, In March 29, 2022 the City Council approved the First Amendment to the Agreement to extend the services through September 30, 2022, with the ability to authorize extra work where needed, for the amount notto-exceed Thirty Thousand Dollars ($30,000). The approved contract provided that The Tait Group Inc. would perform the following services:

TRANSPORTATION CONSULTING AND PROJECT ADVOCACY SERVICES:
➢ The Tait Group, Inc. (“TTG”) provides the City of Adelanto (“City”) various services related to Caltrans (CT) coordination and advocacy efforts. TTG provides the City team assistance with all Caltrans coordination related to progressing the City’s project and priorities along US 395. TTG performs consulting, strategic coordination, and advocacy services to facilitate and expedite the processes involved. The City’s projects and priorities include:
▪ 395/Lawson intersection – Preliminary efforts to develop a City game plan to implement a new signalized intersection.
▪ 395/Cortez access – Initiate efforts with CT to pursue decertification of access control along southbound US 395 to allow for a future right in/out public road connection. ▪ 395/Stadium access – support City and Developer efforts with CT to pursue a new right in/out private driveway leading to the parking lot gas station. 91 ▪ 395/Senica access – support City and Best Western efforts with CT to pursue a new right in/out private driveway.
▪ 1985 Access Agreement for US 395 – pursue amendment with CT. ▪ 2002 MOU between local and regional jurisdictions along US 395 – pursue amendment with CT taking the lead with other jurisdictions.

Mr. Tait is experienced and qualified to provide professional transportation consulting services as it relates to planning, environmental, preliminary engineering, design and pre-construction phases of transportation infrastructure improvements throughout California for a variety of both public and private clients. TTG was founded in 2005 by David Tait and specializes in:
• project advocacy and management
• implementation
• facilitation
• strategy
• general consulting
• funding strategy and planning
• research and due diligence

The Tait Group's efforts involve locally sponsored projects on the state (Caltrans) or federal (FHWA) highway/freeway system. TTG also assists land developers and businesses implement their transportation projects on the local (city or county) street and road systems. TTG projects include, for example:
• large scale, multi-million dollar corridor or interchange improvements • road widening and all related improvements
• new signals
• excess of land de-certifications
• right-of-way issue resolutions
3rd Party Facilitator
TTG acts as a project delivery advocate, representing the local (public or private) entities goals and expectations by facilitating and "driving" the process with all necessary coordination with the public and private stakeholders involved and with special focus on Caltrans District and Caltrans Headquarters management and even the state Director if necessary.

David Tait Background
David Tait has a Bachelor of Science Degree in Civil/Transportation engineering with extensive experience in planning, engineering, and implementation. He also has technical sales and marketing experience. As such, he brings a unique set of skills to the project advocacy role. Mr.

Tait previously worked for a consulting and lobbying firm in Sacramento supporting Will Kempton, then partner at the firm and previous Director of Caltrans, for almost five years on numerous transportation issues and projects.
92 Budget and Schedules
TTG helps clients maintain or reduce their project timing and budget risks by driving the implementation process so construction can start ahead of or as close to the original target dates as possible. The Tait Group works to ensure that every project issue is being addressed in a timely manner so as to meet the client’s implementation goals.

Relationships at all levels
An important aspect of TTG’s consulting/advocacy services is to build and maintain working relationships with all the stakeholders involved. One of the reasons the firm is unique and successful is due to its ability to deliver transportation projects and solve complicated issues.

To continue the on-going progress and build upon these achievements, it is recommended to amend the Master Agreement to extend the Term and increase compensation.

The Second Amendment will extend the Term of the Agreement by six (6) months and shall commence on October 1, 2022 through to March 31, 2023.

There are no amendments to the monthly retainer fee of Four Thousand Dollars ($4,000) per month. Under the Second Amendment, the Consultant shall receive Twenty-Four Thousand Dollars ($24,000) in compensation. Extra work may be authorized, as described in the Master Agreement, and if authorized, will be compensated at the rates and manner set forth in the Master Agreement.

FISCAL IMPACT:

The net cost of the Amendment No. 2 is $24,000 and is included in the budget. For Fiscal Year 2023.

ATTACHMENTS:

1. Second Amendment to Professional Consultant Service Agreement

2. Exhibit “A” Master Agreement

3. Exhibit “B” Curriculum vitae and overview of David Tait and The Tait Group Inc. 93 1
2022

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Professional Transportation Consulting and Project Advocacy Services) (Parties: City of Adelanto and The Tait Group, Inc.)
THIS SECOND AMENDMENT (hereinafter, “Second Amendment”) to that certain agreement entitled “Professional Services Agreement”, dated September 22, 2021 (hereinafter, “Master Agreement”), is hereby made and entered into this 12th day of October, 2022 (hereinafter, “Effective Date”), by and between CITY OF ADELANTO, a municipal corporation (hereinafter, “City”) and THE TAIT GROUP, INC. (hereinafter, “Consultant”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Second Amendment is made and entered into with respect to the following facts:

WHEREAS, on September 22, 2021, the Parties executed and entered into the Master Agreement for Consultant to provide professional transportation consulting and project advocacy services; and
WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter “First Amendment”), and approved by the City Council of the City of Adelanto (“City Council”) at its Regular Meeting of March 29, 2022, to extend the Term and expand the Compensation; and

WHEREAS, for purposes of this Second Amendment, the Master Agreement as amended by way of the First Amendment, may be referred to collectively as the “Master Agreement.” The Master Agreement is attached and incorporated hereto as Exhibit “A”; and WHEREAS, the Parties now wish to further extend the Term; and WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant a total Not-to-Exceed Sum of SIXTY THOUSAND DOLLARS ($60,000) for all work contemplated under the Master Agreement (hereinafter, “Not-to-Exceed Sum”); and WHEREAS, the Parties wish to increase the total Not-to-Exceed Sum of SIXTY THOUSAND DOLLARS ($60,000) by TWENTY-FOUR THOUSAND DOLLARS ($24,000), for a new total Not-to-Exceed Sum of EIGHTY-FOUR THOUSAND DOLLARS ($84,000) to cover the extended term of the Agreement.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 3.1.2 (TERM) of the Master Agreement is further amended to extend the Term of the Agreement for an additional six (6) months commencing as of October 1, 94 2
2022 through March 31, 2023.

SECTION 2. Section 3.3.1 (COMPENSATION) of the Master Agreement is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation shall not exceed a monthly not-to-exceed amount of Four Thousand Dollars ($4,000) (hereinafter “Monthly Not-to- Exceed”) for a total not-to-exceed compensation of Eighty-Four Thousand Dollars ($84,000) (hereinafter “Total Compensation”).

SECTION 3. Except as otherwise set forth in this Second Amendment, the Master Agreement as previously amended by way of the First Amendment shall remain binding, controlling, and in full force and effect. Section 3.6.6 of the Master Agreement notwithstanding, this Second Amendment together with the Master Agreement and the First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents. In the event of a conflict or inconsistency between the provisions of this Second Amendment, including any and all attachments to this Second Amendment and the provisions of the Master Agreement or the First Amendment, the provisions of the Second Amendment shall govern and control but only to the extent of the conflict and no further.

SECTION 4. The provisions of this Second Amendment shall be deemed a part of the Master Agreement as previously amended by way of the First Amendment and except, as otherwise provided under this Second Amendment, the Master Agreement as previously amended by way of the First Amendment, and all provisions contained therein shall remain binding and enforceable.
[SIGNATURES ON NEXT PAGE]

95 3
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF ADELANTO
By:__________________________________
Jessie Flores, City Manager
Date:

APPROVED AS TO FORM:

By:__________________________________
Marc Tran, City Attorney
Date:

CONSULTANT:

THE TAIT GROUP, INC.

By:_____________________________
Name:_________________________
Title: ___________________________
Date:

96 4
EXHIBIT “A”

MASTER AGREEMENT
97 98
99 100
101
102
103
104
105
106
107
108
109
110
111
112
113

CITY COUNCIL AGENDA REPORT
DATE: November 9, 2022
TO: Honorable Mayor and City Council Members
FROM: City Manager
BY: City Attorney
SUBJECT: RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION OF CHAPTER

5.84 TO THE ADELANTO MUNICIPAL CODE FOR A FOOD TRUCK

ORDINANCE
STAFF RECOMMENDS:

Staff recommends that the City Council solicit public comment/input and adopt proposed Ordinance No. 638, also referred to as “Food Trucks”, designed to regulate food truck vending within the City of Adelanto (“City”). This Ordinance will create an application and permit requirement for food truck vendors, set rules for food truck operations, and sets penalties for violations pursuant to the Adelanto Municipal Code. It shall take effect thirty (30) days after passage.

BACKGROUND:

The City’s police powers extends to regulating food truck vending to further public health, safety, and welfare. Additionally, while California Vehicle Code Section 22455 prevents cities from prohibiting food truck vending in residential areas, Cities can enact public safety requirements for the time, place, and manner of food truck vending upon any street.

ANALYSIS:

The proposed food truck ordinance defines food trucks as any motorized device or vehicle, and those towed by such vehicles (such as carts, etc.), from which food is prepared and/or sold. While the draft ordinance excludes sidewalk vendors, this definition would include vehicles such as ice cream trucks and those preparing and selling more “low risk” food items such as shaved ice.

Application & Permit
Food truck operators would be required to submit an application to obtain a City-issued food truck permit, as well as hold a City business license. The permit application requires submission of a valid County-issued health permit and payment of permit fees.

Permits are not required for 1) food trucks operating as a caterer for private events while on private property and not vending to the general public, and 2) food trucks vending at Cityapproved temporary special events. 114
November 9, 2022

Page 2 ends

Staff can suspend or revoke permits upon revocation or suspension of a County Health Department permit or upon the third violation of the proposed ordinance, taking into account previous warnings and the nature of any violations.

Food Truck Operations
Among the prospective regulations include:
• Compliance with all state and local laws, including the City’s noise control ordinance; • Food truck vending limited to the following hours:
o In residential areas: 8:00 a.m. through 8:00 p.m. Sunday through Thursday, and 8:00 a.m. through 9:00 p.m. Fridays and Saturdays.
o In all other areas: 7:00 a.m. through 11:00 p.m. Sunday through Thursday, and 7:00 a.m. to 11:59 p.m. on Fridays and Saturdays.
• Trash cans shall be placed next to food trucks and all generated trash within twenty-five (25) feet shall be collected and disposed;
• No discharging of liquid waste into storm drains;
• No off-truck signage allowed except for menus or promotional signs placed next to the food truck;
• No tables, chairs, stools, etc. can be placed by the food truck; • No overnight parking of food trucks; and
• Food truck operations cannot create vehicular hazards.

The ordinance also imposes restrictions on food trucks operating on the public right-of-way (e.g. roads, roadway shoulders, public property). Food trucks cannot obstruct pedestrian or vehicular traffic and cannot have customers in the street. Additionally, food truck vending cannot face toward the roadway if parked alongside a road.

Violations and Penalties
Violations are punishable as an infraction or misdemeanor, or as an administrative violation with a fine not exceeding $1,000.

Unresolved Matters
Fees: At this time, staff is working to develop the amount of the food truck permit fee and will draft a resolution setting forth its amount for City Council approval. Additionally, the City’s business license fee schedule may require updating to set a business license fee amount for food trucks.

Highway 395: Because food trucks typically park in the vicinity of Highway 395, including during the evening, restrictions prohibiting food trucks from parking alongside Highway 395 may be desired. However, Vehicle Code section 22506 requires the California Department of Transportation (Caltrans) to first approve cities’ ordinances or resolutions that prohibit or restrict vehicle parking on state highways. Thus, this prospective ordinance does not impose food truck parking restrictions along Highway 395. However, a separate ordinance regulating food truck activity along Highway 395 can be drafted and incorporate City Council input and direction.
115
November 9, 2022

Page 3 ends

FISCAL IMPACT:

Anticipated fiscal impact includes the receipt of City food truck permit fees with the fee amount to be determined by a future resolution, and staff time in determining relevant applications and in enforcing the ordinance.

ATTACHMENTS:

Attachment 1: Food Truck Ordinance (Ord. #638).
116
1 ORDINANCE NO. 638

AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF

ADELANTO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA,
ESTABLISHING CHAPTER 5.84 (FOOD TRUCKS) TO TITLE 5
(BUSINESS LICENSES AND REGULATIONS) OF THE ADELANTO

MUNICIPAL CODE REGULATING FOOD TRUCKS
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, the California Vehicle Code Section 22455 allows municipalities to regulate mobile food vending in order to protect public safety and Article XI, Section 7 of the California Constitution extends to municipalities the police power authority to regulate food truck vending in furtherance of public health and welfare; and
WHEREAS, food truck vending and catering trucks create the potential for safety hazards, such as but not limited to, encouraging pedestrians to cross mid-block to purchase food; and WHEREAS, food trucks create the potential for safety hazards, such as blocking sight distances at intersections and crosswalks, encouraging pedestrians and children to cross streets mid-block to reach a vending vehicle, and causing additional conflicts between drivers and pedestrians; and WHEREAS, food truck operators who fail to park their vehicles correctly while doing business attract prospective buyers onto public roadways, creating a further traffic and public safety hazard; and WHEREAS, the City has an important and substantial public interest in providing regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community.

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 5.84 of Title 5, is hereby added to the Adelanto Municipal Code to read as follows:
117
2 Chapter 5.84 Food Trucks
Sections:

5.84.010 Purpose

5.84.020 Definitions

5.84.030 Permit Required; Fees

5.84.040 Regulation of Food Trucks

5.84.050 Food Trucks on Public Right-of-Way

5.84.060 Exceptions

5.84.070 Violations and Penalties

5.84.010 Purpose.

It is the purpose and intent of Chapter 5.84 to allow mobile food vending, aka “food trucks” or “food truck vending” within the City that complies with City, county, and state laws and regulations. It is a further purpose and intent of this Chapter

5.84 to regulate food truck vending in order to protect the health, safety and welfare of the residents of Adelanto in a manner consistent with state and local law. In order to meet these objectives, business licenses and food truck permits shall be required to vend in the City. The provisions of this Chapter 5.84 are in addition to any permits, licenses and approvals that may be required to conduct business in the City, and in addition to any permits, licenses and approvals required under state, county, or other law.

5.84.020 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. “Food or food products” means any type of edible substance or beverage.

B. “Food truck operator” means a person that operates or assists in the operation of a food truck.

C. “Food Truck” means any motorized device or vehicle by which any person or property may be propelled or moved upon a highway, or which may be towed by a motorized device or vehicle, from which food or food products are prepared, sold, offered for sale, displayed, bartered, exchanged or otherwise given. This definition shall exclude sidewalk vendors, roaming sidewalk vendors, and stationary sidewalk vendors as defined in Section 5.82.020.

D. “Food Truck Permit” shall mean a business license issued pursuant to this Chapter for the purpose of operating a food truck in the City. 118
3 E. “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, and the area along and upon any public road or highway.

F. “Vend or vending” means to sell, offer for sale, display, barter, exchange, or otherwise give food or food products from a food truck.

G. “Vendor” means a person who vends, including an employee or agent of a vendor.

5.84.030 Permit Required; Fees.

A. It is unlawful for any person to engage in or employ any person to engage in the business of operating a food truck vehicle without first obtaining and maintaining a food truck permit pursuant to this Chapter 5.84 to conduct such business.

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

C. To apply for a food truck permit, an applicant must provide:

1. A signed and completed application form containing:
a. The applicant’s name, mailing address, and telephone number; b. The applicant’s business name, including the name identifying and posted on the subject food truck;
c. Ownership type (e.g., sole proprietorship, or corporation, etc.); d. A description of the type of food or beverages to be sold and hours of operation;
e. A description and photograph (including colors and any signs) of the food truck(s) to be used, including license plate number(s); f. A copy of a valid health permit issued by the County of San Bernardino;
g. Copies of all other applicable required licenses and permits, including, but not limited to, Public Health Operating Permit, Operators Food Handler’s Certificate, Food Vehicle Certificate Sticker, and Seller’s Permit;
h. Certification that the information in the application is true; and i. Agreement to comply with all provisions of this Chapter, all applicable provisions of this code, and all applicable federal, state and local laws, rules, regulations, ordinances, etc.

2. Payment for permit fees.

D. Food truck permits must be renewed yearly and are not transferrable. 119
4 E. The City Manager or their designee, at their discretion, may suspend or revoke any food truck permit issued pursuant to this chapter for any of the following reasons:

1. Revocation, suspension, or nonrenewal of the required permit from the San Bernardino County Department of Public Health Division of Environmental Health Services

2. Upon the third violation or subsequent violations of the regulations set forth in this Chapter 5.84, taking into account the nature of any violation(s) and any previously issued warning(s).

F. A food truck operator shall also have a valid business license from the City.

5.84.040 Regulation of Food Trucks.

A. Food truck operators shall comply with all applicable federal, state, and local laws.

B. Food trucks shall have a valid permit from the San Bernardino County Department of Public Health Division of Environmental Health Services. The revocation of a County permit shall be communicated to the City in writing and shall result in the automatic suspension of the food truck permit issued by the City.

A copy of said permit shall be kept in the food truck and shall be visible at all times.

C. Food trucks shall display in conspicuous view their City-issued food truck permit and business license on the customer-facing portion of their vehicle when operating within the City.

D. Food trucks shall maintain a clean selling area and haul away all trash generated by their operation. Every food truck shall provide a refuse container in the immediate vicinity of the food truck. Prior to leaving the location, the food truck operator shall pick up, remove and dispose of all trash generated by the food truck’s operation located within a twenty-five (25) foot radius of the food truck’s location.

Trash generated by food truck operations shall not be disposed of in public trash receptacles.

E. Food trucks operators shall not dispose of liquids by discharging liquids into storm drains or into the public right-of-way.

F. Food trucks shall not use any signs in connection with the sale, display or offering for sale of items or food, except for those signs affixed to or painted on the food truck vehicle, and menus or promotional signs situated in the immediate vicinity of the food truck.

G. Food trucks shall not operate within fifty (50) feet of a fire hydrant or within twenty-five (25) feet of a bus stop.
120
5 H. Vending must be contained to the food truck. Food truck operators may not augment operations by setting up accessories, equipment, tables, chairs, or stools near the vehicle.

I. Food trucks shall be limited to operating in residential areas from 8:00 a.m. through 8:00 p.m. on days Sunday through Thursday, and from 8:00 a.m. through 9:00 p.m. on days Friday and Saturday. In all other areas of the City, food trucks shall be limited to vending between the hours of 7:00 a.m. and 11:00 p.m. on days Sunday through Thursday, and from 7:00 a.m. to 11:59 p.m. on days Friday and Saturday.

J. A food truck permit does not provide an exclusive right to operate within any specific portion of public property or public right-of-way. No person shall attempt to reserve any portion of any public property or public right-of-way exclusively for the operation of their food truck.

K. Food truck operators shall not leave or maintain a food truck or any accessories, equipment, or objects used for food truck vending purposes on public property or in any portion of the public right of-way overnight. Any equipment or objects left overnight on public property or in any portion of the public right-ofway will be considered discarded and may be disposed of by the City.

L. Food truck operators shall not engage in vending in such a manner as to cause onlookers, vehicle drivers, customers, or others to obstruct the free flow, access, or view of pedestrian or vehicular traffic.

M. No food truck shall operate in such a way so as to reduce or impair motorists’ view of any cross street, crosswalk, driveway or any other similar location where traffic, be it vehicular, pedestrian or bicycle, can be expected to enter the street, and in any way contributes to a traffic hazard or unsafe driving conditions.

N. Food truck vending operations shall at all times comply with the provisions of the City’s Noise Control Ordinance, Chapter 9.110 of title 9 of the Adelanto Municipal Code.

O. The food truck operator shall maintain and supply to the city, copies of policies of commercial general liability and automobile liability, in an amount of no less than $1,000,000.00 per occurrence, naming the City as an additional insured.

P. Food truck operatorsshall be prohibited from vending food or food products at public parks where the City has entered into an agreement for the exclusive sale of food or food products with a particular concessionaire or vendor. 121
6 Q. This section is not intended to be enforced against sidewalk vendors, roaming sidewalk vendors, and stationary sidewalk vendors as defined in Section

5.82.020.

5.84.050 Food Trucks on Public Right-of-Way.

A Food truck operator may locate its food truck in the public right-of-way as long as the food truck operator adheres to all other provisions of this Chapter and the following standards and conditions:

A. The food truck operations shall not obstruct pedestrian or vehicular traffic.

B. If parked alongside a roadway, food vending shall be limited solely to that side of the food truck facing away from vehicular traffic and shall be prohibited on the traffic-facing side of the food truck.

C. A food truck operators shall not distribute any item from the food truck in a manner that causes any person to stand, sit, or otherwise occupy any portion of the street.

D. A food truck operator shall not encroach onto a public sidewalk with any part of its food truck or any other equipment or furniture related to the operation of its business.

E. No food truck shall be parked, stopped or left standing in any manner that blocks or impedes vehicular access to any driveway or restricts the free movement of emergency vehicles.

F. The food truck is in full compliance with all parking and Vehicle Code provisions that apply to the location at which it is parked.

5.84.060 Exceptions.

A. No food truck permit shall be required when food truck vending is associated with the operation of a City-issued temporary special event permit, subject to the conditions thereof. Food truck operators shall comply with all other provisions of this Chapter and all State and local laws.

B. No food truck permit shall be required when food truck operations are solely limited to private event catering services and when all of the following provisions are met:

1. The food truck is situated entirely on private property;

2. Service is limited to the guests of the catered event only;

3. No payment transactions shall occur for individual orders taken by the food truck operator; and
122
7 4. The food truck operator complies with all other provisions of this Chapter and State and local laws.

5.84.070 Violations and Penalties.

Any violation of the provisions of this Chapter, at the discretion of the City taking into account the nature of an alleged violation and any previously issued warnings, is punishable as an infraction or misdemeanor, and as an administrative violation punishable by an administrative fine not to exceed $1,000.00.

Section 3. The City Council of the City of Adelanto finds that the adoption of this Ordinance is not a “project” for the purposes of CEQA Guidelines Section 15378, as the amendments provide for a regulatory permitting and related administrative procedures that will not result in direct or indirect physical changes in the environment. Additionally, even if this Ordinance is a “project” for the purposes of CEQA, it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. Therefore, this matter is not subject to CEQA.

Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

Section 5. 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 6. 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
123

Adelanto City CouncilNovember 9, 2022

Adelanto City Council
November 9, 2022