Sity Council
Gabic Ramos Mayor Pro Tem
Joy Jeannette, Councilor
ADELANTO AGENDA Amand Upe, grove Councilo
Les Munger
SPECIAL MEETING
OF THE ADELANTO CITY COUNCIL,
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
JUNE 7, 2023
Adelanto Governmental Center
Open Session: 5:00 p.m. City Council Chambers Meetings held:
11600 Air Expressway, Adelanto 2"d & 4th Wednesday
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.
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 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:
Teleconference https://us06web.zoom.us/j/93146444676
Or Telephone:
1-669-444-9171
Webinar ID: 9314 644 4676#
Passcode 7601
SPECIAL MEETING
JUNE 7, 2023
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 t [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 The City Council packet may be reviewed by the public at the reception counter in City Hall. Any Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours 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.
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
SPECIAL MEETING
JUNE 7, 2023
A. CALL TO ORDER-SPECIAL MEETING
TIME:
ROLL CALL: Councilor Jeannette
Councilor Meza :
Councilor Uptergrove
Mayor Pro Tem Ramos
Mayor Reyes
INVOCATION:
FLAG SALUTE:
B. CITY MANAGERS ANNOUNCEMENTS AND REPORT
C. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
D. 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
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
SPECIAL MEETING
JUNE 7, 2023
E. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:
1. CONTINUED BUSINESS - SPECIAL MEETING TO RECONSIDERELIGIBILITY OF ORGANIZATIONS FOR FIREWORKS STANDS. (JESSIE)
RECOMMENDATION: Request the Council to approve and determine eligibility for organizations potentially eligible for Fireworks Stands.
M_ ACTION
F. ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 14, 2023, at 7:00 p.m.
TIME OUT:
ACTION
G. DECLARATION OF POSTING
1, 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 JUNE 6, 2023, TWENTY-FOUR (24) 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.
11600 Air Expressway • Adelanto, CA 9230I • (760) 246-2300 • www.ci.adelanto.ca.us
SPECIAL MEETING
JUNE 7, 2023
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 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
ADELANTO
SPECIAL MEETING
OF THE ADELANTO CITY COUNCIL
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
JUNE 7, 2023
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 Teleconference https://us06web.zoom.us/j/93146444676
TIME TELECONFERENCE
To Participate and and Call in for public
comments:
Please call 1-669-444-9171 along with
conference code 9314 644 4676
Open Session - 5:00 p.m. Passcode: 7601
brend
Dated: June 6, 2023 Brenda Lopez, City Clerk, CMC
Adelanto City Hall - 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121
ADELANTO CITY COUNCIL AGENDA REPORT
ADELANTO GOVERNMENTAL CENTER | 11600 AIR EXPRESSWAY
ADELANTO, CALIFORNIA 92301
DATE: June 7, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Jessie Flores, City Manager
SUBJECT: CONTINUED BUSINESS - SPECIAL MEETING TO RECONSIDER ELIGIBILITY OF
ORGANIZATIONS FOR FIREWORKS STANDS
STAFF RECOMMENDATION:
Request the Council to review and determine eligibility for organizations potentially eligible for Fireworks Stands.
BACKGROUND:
In accordance with Chapter 9.65 of the Adelanto Municipal Code, organizations wishing to participate in the sale of fireworks must meet certain eligibility requirements. Only eleven Fireworks Stands are allowed, and this year eight applications were received.
On a regularly scheduled meeting on May 24th 2023, four (4) applicants' eligibility came into question.
Per City Manager, requesting to hold a special meeting for reconsideration of the following applicants' eligibility for Firework Stands.
The following applicants' eligibility criteria to reconsider:
1. American Legion Auxiliary Post #229
2. Local Charities Relief
3. Parents of 570
4. Kicks Café Senior Club
ATTACHMENTS:
1. Fireworks Applicants Eligibility Chart
2. Map of Proposed Locations
3. Chapter 9.65 "Storage, Use, and Sale of Fireworks"
Chapter 9.65
STORAGE, USE AND SALE OF FIREWORKS
Sections:
9.65.010 Purpose
9.65.015 Definition
9.65.020 Sale and Discharge of Fireworks
9.65.025 License Required; Application for License to Sell Fireworks
9.65.030 General Requirements for Fireworks Licensees
9.65.035 Operation of Fireworks Stand
9.65.040 Temporary Fireworks Stands
9.65.045 Temporary Sales Tax Permit Required; Display of License and Permit
9.65.050 Prohibition on Discharge of Fireworks
9.65.055 Penalties
9.65.010 Purpose.
The purpose of this Chapter is to bring the City's regulation of the use of fireworks into compliance with the California State Fire Marshal's Department regulations and to protect and secure the public health, safety and general welfare. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.015 Definition.
"Safe and Sane Fireworks" shall be as defined in Section 12504 of the California Health and Safety Code, as that section may in the future be amended.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.020 Sale and Discharge of Fireworks.
"Safe and Sane Fireworks" may only be sold and/or discharged within the City, and such discharge may only occur during the period beginning at 12:00 noon on the 28th day of June and ending at 11:59 pm on the 4th day of July each year. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]
9.65.025 License Required; Application for License to Sell Fireworks.
A. Except as otherwise provided herein, no person shall offer for sale or sell fireworks of any kind in the City, without having first applied for and received a license therefore.
B. All applications for licenses to sell fireworks shall:
1. Be made in writing, accompanied by an initial license fee of two hundred dollars ($200.00), which will be used to defray the cost of administration, inspection and supervision of fireworks licensees. The Temporary Business License application and Temporary Use Permit application shall be incorporated into the Fireworks application; fees for the Temporary Business License application and Temporary Use Permit are incorporated into the application fee.
2. Be submitted between the first and the last day of March each year, except when the last day falls on a day when City Hall is closed, then the following business day shall be the last day.
3. Set forth the proposed location of the fireworks stand applied for. Each stand must be on private property located in the "C" zoning district or heavier industrial or manufacturing zones of the City, or on public land at the sole discretion of the City. A notarized statement from the owner of record of the property must accompany the application.
4. Be accompanied by an agreement from the manufacturer and/or wholesaler of the fireworks to defend, indemnify and hold the City harmless from any claims, liability, litigation, damages or other injuries resulting from defective fireworks.
5. Include a statement that the applicant agrees to comply strictly with the terms of any license granted to it and furnish any additional information upon request of the City Manager, the City Council or their authorized employees and/or representatives.
C. At the time of issuance of the license, the applicant must deliver to the Business License Department evidence of public liability insurance in an amount not less than one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00) and not less than fifty thousand dollars ($50,000.00) property damage insurance in the form and content required by the City, certificated, and a copy of the requisite permit from the State Fire Marshal.
D. At the time of application, each applicant shall submit a non-refundable clean-up fee of either 6% of the organization's prior year's net sales, or $600, whichever is greater, so that the City recuperates cost of cleaning up after 4th of July holiday.
If this is an organization's first year participating, the $600 rate shall apply. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]
9.65.030 General Requirements for Fireworks Licensees.
The following qualifications must be met by each applicant for a license issued hereunder:
A. No license shall be issued to any person, firm or corporation except non-profit associations or corporations organized primarily for civic betterment or youth activities. Such organizations, groups or individuals shall be limited to one (1) license.
B. Each such organization must have its principal and permanent meeting place within the corporate limits of the City, must maintain a bona fide membership of at least eighty percent (80%) of the organization must be Adelanto residents, and must have been organized and established in the City's corporate limits for a minimum of one (1) year continuously preceding the filing of the application for the business license.
C. No organization may receive more than one (1) license for fireworks sale during any one (1) calendar year. One (1) license may be issued to two (2) or more qualifying applicants as a joint venture, but may only operate one (1) stand. The maximum number of licenses which may be issued pursuant to this Chapter during any one (1) calendar year shall not exceed one (1) license for each three thousand (3,000) residents of the City, or fraction thereof, based on the latest official roster, State of California census estimate.
D. If the number of applications exceeds the number of licenses allowed to be issued, the licenses shall be granted by a drawing supervised by the City Clerk. The drawing will be held at a Council meeting, the applicants will be notified of the drawing date and notification of selection will be performed the following day.
E. Reserved.
F. Reserved.
G. Reserved.
H. Each organization approved for a fireworks stand must participate in the Adopt-A-Street program, and Community Clean-Up Days,. The Adopt A-Street program and Community Clean-Up Days can be satisfied by either of the following: (1) twelve (12) Adopt A-Street clean-ups; or (2) ten (10) Adopt A-Street clean-ups and two (2) Community Clean-Up Days. The Community Clean-Up Days shall be scheduled by the City each Spring and Fall. In the event that an organization's street adopted under the Adopt A-Street program is in satisfactory condition, that organization may volunteer to assist another organization with its Adopt-A Street clean up and will receive credit for the clean-ups under the program. Each group shall have at least twenty percent (20%) of their organization participate to earn community service hours, and service hours related to the operation of the organization itself do not qualify. Each organization must provide evidence to the City of their Adopt-A Street clean ups by providing date stamped photographs of trash collected. Photographic evidence must be submitted to [email protected].
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19; Ord. No. 605, Section 3, 8/28/19.]
9.65.035 Operation of Fireworks Stand.
A. No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.
B. No person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stands) except that in no instance shall a person under the age of eighteen (18) years be permitted to sell or otherwise participate in the operation of the fireworks stand.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]
9.65.040 Temporary Fireworks Stands.
A. All fireworks sales must be made from within a temporary fireworks stand, and sales from any other building or structure are prohibited.
B. No fireworks stand shall be located within twenty-five (25) feet of any other building nor within one hundred (100) feet of any gasoline pump.
C. All stands shall be erected under the supervision of the Building and Safety Department, and must be constructed in a manner that will reasonably ensure the safety of attendants and patrons. Any building and safety permit fees shall be waved D. No fireworks stand shall have a floor area in excess of three hundred (300) square feet.
E. Each fireworks stand must have at least two (2) unobstructed exits; and each stand in excess of forty (40) feet in length must have at least three (3) unobstructed exits spaced approximately equidistant apart, provided, however, that in no case shall the distance between the exits exceed twenty-four (24) feet. = Each fireworks stand shall provide two (2), two and one-half (2-1/2) gallon "water pressure" type or 2A10BC dr hemical type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire G. All weeds and combustible materials shall be cleared from the location of the fireworks stand and for a distance of at least fifty (50) feet from any point of the stand.
H. "No Smoking Within 100 Feet" signs must be prominently displayed on the fireworks stand.
1. Each fireworks stand must have an adult in attendance and in charge thereof while fireworks are stored therein, including an onsite presence overnight while the stand is closed. Sleeping or remaining in the fireworks stand after close of business each day is forbidden.
J. Each fireworks stand shall obtain a safety inspection and clearance from the San Bernardino County Fire Department prior to opening.
K. The sale of fireworks shall not begin before 12:00 noon on the 28th day of June and shall not continue after 11:59pm on the 4th day of July.
L. Each fireworks stand shall display a sign of at least ten (10) square feet stating that discharge of fireworks is only legal within the City limits between 12:00 noon, June 28 and 11:59pm, July 4.
M. During the days allowed for the sale of fireworks, no sales shall be made except between the hours of 7:00 a.m. and 12:00 midnight.
N. All unsold stock and accompanying litter shall be removed from the fireworks stand location by 5:00 p.m. on July 6.
O. The fireworks stand shall be removed, and the temporary site cleared by 12:00 noon on the 10th day of July. If this requirement cannot be met by the July 10th date, the stand operator must work with City staff to arrange for a new pick up P. Each organization operating or participating in a fireworks stand shall submit, to the City, a financial statement of actual sales and profit by 5:00 p.m. August 31, following the fireworks sale, unless that day falls on a day when City Hall is closed, then the following business day shall be the last day. The financial statements are subject to review and approval by the City. The records shall be retained by the City. Failure to comply will result in revocation of future license eligibility. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19; Ord. No. 605, Section 3, 8/28/19.]
9.65.045 Temporary Sales Tax Permit Required; Display of License and Permit.
A. Organizations licensed by the City for fireworks sales are required to obtain a temporary sales tax permit from the State Board of Equalization.
The temporary sales tax permit and the City license to sell fireworks must be displayed in a prominent place in the fireworks stand.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.050 Prohibition on Discharge of Fireworks.
It shall be unlawful for any person to ignite, explode, project or otherwise fire or use, any fireworks or permit the ignition, explosion or projection thereof, upon or over onto the property of another without his/her consent, or to ignite, explode, project or otherwise fire or make use of any fireworks within ten (10) feet of any residence, dwelling or other structure used as a place of habitation, congregation or assembly, or within one hundred (100) feet of any fireworks stand. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]
9.65.055 Penalties.
Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 605, Section 3, 8/28/19.] FIREWORKS APPLICATION 2023
Eligibility Chart
Adelanto Community Benefit Corporation American Legion Auxiliary Post #229 Adelanto Little League Christ the Good Shepard High Desert Devils Local Charities Relief Parents of 570 Kicks Café Senior Club 1 2 6 7 8
1 Fireworks Application
2 Proof of Non-Profit Status
3 Address in the City for at
least one year
4 20 member roster
5 Liability Insurance certificate
6 Sellers Permit
7 Fire Marshal permit
8 Property Owner
authorization
9 Hold Harmless agreement
10 Only one license per
organization
11 Business License application
12 Temporary Use Permit
application
13 Site Plan
14 Payment
Contract with promoter
16 Signed up and participate in.
Adopt-A-Street
17 Participate in Clean-up
event
NOTE: An "x" means; this requirement has not been met.
A blank space means; the requirement has been met.
An "-x" means; the application has been submitted only.