1 MINUTES OF THE
REGULAR MEETING
OF THE ADELANTO CITY COUNCIL,
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
THE ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
April 12, 2023
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Regular Meeting on Wednesday April 12, 2023, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 5:30 p.m.
Council Members present: Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes.
B. DELETIONS/ADDITIONS TO AGENDA
None.
C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the agenda as presented.
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
D. ANNOUNCEMENTS OF CLOSED SESSION ITEMS
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (D)(4) – IN RE: National Prescription Opiate Litigation, U.S. District Court, Northern District of Ohio, Eastern Division, Case No. 1:17-MD02804.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54954.5 (B) AND 54956.8:
a. Property: 11600 Air Expressway, Adelanto, CA (APNs 045922104, 045922106)
b. Agency Negotiators: Jessie Flores, City Manager and Marc Tran, City Attorney
c. Negotiating Parties: Luis Salinas, Assistant Facilities Manager, State 66 City Council Minutes
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2 Assembly
d. Under Negotiation: Price, terms, and conditions of potential lease of office space.
City Attorney Marc Tran announced the closed session items.
E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
Mayor Pro Tem Ramos opened public comment at 5:32 p.m.
Mayor Pro Tem Ramos closed public comment at 5:32 p.m..
F. CONVENE INTO CLOSED SESSION
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Meza to convene into closed session at 5:32 p.m..
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
G. CALL TO ORDER - REGULAR MEETING
Mayor Reyes called to order the regular meeting at 7:00 p.m.
Council Members present: Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes.
Invocation: Meza
Flag Salute: Ramos
H. CLOSED SESSION REPORT
City Attorney Marc Tran stated direction was given no final action was taken.
I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores spoke about the DR Horton project. He shared an update on economic development projects that total 103 projects. He spoke about Capital Improvement Projects as well.
He spoke about other projects throughout the city. He thanked the first responders. He also thanked City Attorney Marc Tran for his service.
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3 J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Meza spoke about events he attended. He spoke about the little league going on.
He spoke about homeless outreach that he did with his family this week.
Council Member Uptergrove spoke about the clothing drive she attended. She spoke about the upcoming farmers market.
Council Member Jeannette spoke about meetings she attended. She mentioned Kushstock and the Mexican Rodeo. She spoke about various items regarding cleanup, food share, and other events.
Mayor Pro Tem Ramos welcomed the HD Queenz. He spoke about meetings he attended. He spoke about the accomplishments of graduating seniors. He spoke about New Leaf Ministries.
Mayor Reyes spoke about the coaches and other adults that help influence the youth. He spoke about how amazing it is to have all of these projects happening within the city. He announced various events happening and meetings. He announced a proposal they are working on for a Vacant Land Tax.
K. PRESENTATIONS
1. Certificate of Recognition presented to Ryan Garcia.
2. Certificate of Recognition presented to the HD Queenz.
Council presented the certificates of recognition.
L. PUBLIC COMMUNICATIONS
Mayor Reyes reconvened the meeting at 7:57 p.m.
Mayor Reyes opened public comment at 7:57 p.m.
Tina thanked the staff for the updates. She was wanting an update regarding the animals. She spoke about the homeless encampments. She spoke about some of the city sidewalks that need to be repaired.
Mr. Bill spoke about the school signs that have blown off and need to be repaired.
Heather spoke about responding to dumped animal calls. She mentioned an ordinance that Las Vegas just enacted regarding backyard breeders.
Miguel Soto congratulated the HD Queenz for their accomplishments. He spoke about his newly appointed position with the school district and hopes to work with the city to build a relationship to help create positive change for the next generation.
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4 Mayor Reyes closed public comment at 8:07 p.m.
M. CONSENT CALENDAR
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented.
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Receive and file Business License Department Report.
3. Approval of 2nd reading of Ordinance No. 638 entitled:
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
4. Parcel Map Single Family Residential-20503 Final Acceptance.
ORDINANCE NO. 642
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO AMENDING SECTION 17.80.130 OF CHAPTER 17.80 ( SPECIAL USE
STANDARDS) OF TITLE XVII (ADELANTO ZONING ORDINANCE) TO
THE ADELANTO MUNICIPAL CODE
5. Parcel Map Single Family Residential-20503 Final Acceptance.
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
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5 N. PUBLIC HEARING
1. ZONE TEXT AMENDMENT NO. ZTA 23-02 –AMENDING THE CITY OF ADELANTO MUNICIPAL CODE (“AMC”) SECTION 17.50.020, APPENDIX A, BY ADDING RESTAURANT, DRIVE-THRU², NO ALCOHOL SALES WITH A CONDITIONAL USE PERMIT IN THE MIXED USE (MU) ZONE. THE PROPERTIES AFFECTED ARE LOCATED IN THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO. (LOUIS)
RECOMMENDATION: Introduce first reading of Ordinance No. 641, determine that the project is exempt from the California Environmental Quality Act (CEQA), and file a Notice of Exemption with the County Clerk of San Bernardino County.
ORDINANCE NO. 641
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING SECTION 17.50.020 AND APPENDIX A, ADDING RESTAURANT DRIVE-THRU², NO ALCOHOL
SALES AS A CONDITIONALLY PERMITTED USE(S) IN THE MIXED USE (MU) ZONE.
Contracted Planner Morales presented the staff report.
Mayor Reyes opened public comment at 8:14 p.m.
Mayor Reyes closed public comment at 8:14 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to introduce first reading of Ordinance No. 641, determine that the project is exempt from the California Environmental Quality Act (CEQA), and file a Notice of Exemption with the County Clerk of San Bernardino County.
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
2. ZONE TEXT AMENDMENT NO. ZTA 23-01 –AMENDING THE CITY OF ADELANTO MUNICIPAL CODE (“AMC”) SECTION 17.30.010, INTENT AND PURPOSE, (A) ADD, TO REVISE MAXIMUM HEIGHT FROM 50’ TO 55’, AND SECTION 17.30.040, DEVELOPMENT STANDARDS, TABLE 30-1, BY REVISING THE HEIGHT LIMITS IN THE LM/LMCO AND ADD ZONES FROM 50’ TO 55 OF TITLE 17 OF THE ADELANTO MUNICIPAL CODE. (JIM) RECOMMENDATION: Introduce first reading of Ordinance No. 640, determine that the project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3), and file a Notice of Exemption with the County Clerk of San Bernardino County.
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6 ORDINANCE NO. 640
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING SECTION
17.30.010, INTENT AND PURPOSE, (a) ADD, TO REVISE MAXIMUM HEIGHT FROM 50’ to 55’, AND SECTION 17.30.040, DEVELOPMENT STANDARDS, TABLE 30-1, BY REVISING THE HEIGHT LIMITS IN THE ADD ZONE AND LM/LMCO ZONES FROM 50’ TO 55’.
Jim presented the staff report.
Craig representing Industrial Property Growth was available to answer questions.
Mayor Reyes opened public comment at 8:31 p.m.
Chris Waggener mentioned that there is a 7 mile circular sphere that the airport has concern with.
He spoke about the sphere of influence that may have something to do with part of the height.
Miguel Soto wanted it noted that he was the only Planning Commissioner that voted no regarding accommodating warehouse accommodations.
Mayor Reyes closed public comment at 8:35 p.m.
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to introduce first reading of Ordinance No. 640, determine that the project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3), and file a Notice of Exemption with the County Clerk of San Bernardino County.
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
3. PUBLIC HEARING – APPEAL OF PLANNING COMMISSION APPROVAL/ADOPTION OF THE CATEGORICAL EXEMPTION FROM CEQA FOR CONDITIONAL USE PERMIT 21-23 AND LOCATION AND DEVELOPMENT PLAN 21-23 (JIM/CITY ATTORNEY) RECOMMENDATION: Staff recommends that the City Council, DENY THE APPEAL and APPROVE/ADOPT the Categorical Exemption (CE) for Conditional Use Permit 21-23 and Location and Development Plan 21-23 and adopt Council Resolution No. 23-13 (Attached as Exhibit A) adopting the findings and approving/adopting the CE for Conditional Use Permit 21-23 and Location and Development Plan 21-23, a 4.6-acre site located at 9248 Holly Road in the Manufacturing Industrial (MI) zoning district in the City of Adelanto, California (APN: 3129-251-24).
RESOLUTION NO. 23-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS, DENYING AN 71 City Council Minutes
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7 APPEAL OF THE PLANNING COMMISSION DECISION, AND APPROVING AND
ADOPTING THE CATEGORICAL EXEMPTION(CE) FOR CONDITIONAL USE PERMIT 21-23 AND LOCATION AND DEVELOPMENT PLAN 21-23 ON A 4.6-ACRE SITE LOCATED AT 9248 HOLLY ROAD IN THE MANUFACTURING INDUSTRIAL (MI) ZONING DISTRICT IN THE CITY OF ADELANTO, CALIFORNIA (APN: 3129-251-24).
Contracted Planner Hirsch presented the staff report.
Mayor Reyes opened public comment.
Victoria Lunt a representative from the SAFER Team to deny the project.
Max shared he wanted to remind the city that they have recognized that warehouses have had the least amount of impact on the environment.
Mayor Reyes asked for clarification regarding if the company visits the site.
Further discussion ensued.
Karen Briggs asked for clarification if the item regarding the bird was presented to the planning commission prior to the planning commission making their decision.
Victoria stated she doesn’t believe the information was submitted to the planning commission prior to their decision.
Chris Waggener stated there is nothing growing on the property so he doesn’t think that the bird is living there.
Heather stated that she agrees with Mayor Pro Tem Ramos comments about hindering the cities growth of a possible animal that may or may not be there.
Max the applicant spoke about this not being honorable.
Mayor Reyes closed public comment at 9:18 p.m.
Further discussion ensued.
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to DENY THE APPEAL and APPROVE/ADOPT the Categorical Exemption (CE) for Conditional Use Permit 21-23 and Location and Development Plan 21-23 and adopt Council Resolution No. 23-13 (Attached as Exhibit A) adopting the findings and approving/adopting the CE for Conditional Use Permit 21-23 and Location and Development Plan 21-23, a 4.6-acre site located at 9248 Holly Road in the Manufacturing Industrial (MI) zoning district in the City of Adelanto, California (APN: 3129- 251-24).
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8 Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
O. NEW BUSINESS
1. CONSIDERATION AND ADOPTION OF A RESOLUTION AUTHORIZING THE CITY TO
ENTER INTO FIVE NATIONAL OPIOIDS SETTLEMENT AGREEMENTS WITH WALMART, CVS, WALGREENS, TEVA, AND ALLERGAN. (CITY ATTORNEY)
RECOMMENDATION: Staff recommends the consideration and approval of Resolution No. 23-27 authorizing the City to enter into five national opioids litigation settlement agreements with Teva, Allergan, CVS, Walgreens, and Walmart; agree to the terms of the related State-Subdivision agreements; and authorize entry into the related State-Subdivision agreements with the Attorney General.
RESOLUTION NO. 23-27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO
THE SETTLEMENT AGREEMENTS WITH WALGREENS,
TEVA, ALLERGAN, CVS, AND WALMART, AGREE TO THE
TERMS OF THE RELATED STATE-SUBDIVISION
AGREEMENTS, AND AUTHORIZE ENTRY INTO THE
RELATED STATE-SUBDIVISION AGREEMENTS WITH THE
ATTORNEY GENERAL
City Attorney Chris presented the staff report.
Mayor Reyes opened public comment at 9:24 p.m.
Heather stated she agrees that the city should join the lawsuit.
Mayor Reyes closed public comment at 9:26 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to consider and approve of Resolution No. 23-27 authorizing the City to enter into five national opioids litigation settlement agreements with Teva, Allergan, CVS, Walgreens, and Walmart; agree to the terms of the related State-Subdivision agreements; and authorize entry into the related State-Subdivision agreements with the Attorney General.
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
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9 2. DISCUSSION AND CONSIDERATION OF THE FORMATION OF AN AD HOC CITY COUNCIL
SUBCOMMITTEE TO ESTABLISH CRITERIA FOR AWARDING SCHOLARSHIPS THROUGH THE CANNABIS SCHOLARSHIP PROGRAM. (CITY ATTORNEY)
RECOMMENDATION: Staff recommends that the City Council discuss and consider a resolution creating a City Council ad hoc committee for the purposes of establishing necessary criteria for awarding scholarships from the Adelanto Cannabis Scholarship Program (“CSP”) and to recommend scholarship award recipients. The City Council approved the CSP in February 2022. The Resolution would also enable scholarship awards for students beginning attendance at an eligible academic institution for the 2023/24 academic year.
RESOLUTION NO. 23-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO
CREATING AN AD HOC CITY COUNCIL COMMITTEE TO ESTABLISH
CRITERIA FOR AWARDING SCHOLARSHIPS THROUGH THE CITY’S
CANNABIS SCHOLARSHIP PROGRAM
City Attorney Kris presented the staff report.
Further discussion ensued.
Mayor Reyes opened public comment at 9:39 p.m.
Mayor Reyes closed public comment at 9:39 p.m.
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to discuss and consider a resolution creating a City Council ad hoc committee for the purposes of establishing necessary criteria for awarding scholarships from the Adelanto Cannabis Scholarship Program (“CSP”) and to recommend scholarship award recipients. The City Council approved the CSP in February 2022. The Resolution would also enable scholarship awards for students beginning attendance at an eligible academic institution for the 2023/24 academic year.
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
3. APPROVE CHANGE ORDER FOR HARDY AND HARPER FOR ADDITIONAL WORK ON WHITE AVENUE. (ANGEL)
RECOMMENDATION: Staff Recommends that Council Approve the Change order for Hardy and Harper for additional work on White Avenue
Finance Director Castellanos presented the staff report.
Mayor Reyes opened public comment at 9:44 p.m.
Mayor Reyes closed public comment at 9:44 p.m.
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10 MOTION: Moved by Mayor Pro Tem Ramos, seconded by Mayor Pro Tem Ramos to approve the Change order for Hardy and Harper for additional work on White Avenue Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Mayor Pro Tem Ramos to extend the meeting an additional 30 minutes.
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
4. DISCUSSION ITEM – DONATION TO HD QUEENZ (CITY COUNCIL) RECOMMENDATION: The City Council to discuss and provide direction to staff.
Finance Director Castellanos presented the staff report.
Mayor Reyes opened public comment at 9:50 p.m.
Heather spoke in favor of the item.
Mayor Reyes closed public comment.
Council agreed to each give $1000 from each Council Member to donate to the Queenz.
5. DISCUSSION ITEM – MOVIES IN THE PARK (CITY COUNCIL)
RECOMMENDATION: The City Council to discuss and provide direction to staff.
Finance Director Castellanos presented the staff report.
Mayor Reyes opened public comment at 10:05 p.m.
Tina stated she would love to do a 50/50 raffle for the animal rescues.
Heather spoke about having a half price spay and neuter clinic.
Mayor Reyes closed public comment at 10:08 p.m.
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Meza to move forward for Movies in the Park beginning in June and continuing through September.
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
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11 P. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
Q. FUTURE AGENDA ITEMS
Council Member Meza requested an ordinance similar from Buckeye, Arizona regarding illegal dumping. He stated that Buckeye imposes heavier fines and penalties.
R. PUBLIC COMMUNICATIONS
None.
S. ADJOURNMENT
The next Regular Meeting of the City Council will be held on April 26, 2023 at 7:00 p.m.
MOTION: Moved by Mayor Reyes seconded by Council Member Meza to a 10:14 p.m.
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
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