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Agenda

Adelanto City Council
February 28, 2024

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Agenda
Meeting
February 28, 2024
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Adelanto City Council
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18
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Text extracted from the city's file for reading and search. Open the original on adelanto.granicus.com. That file is the official record.

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
February 28, 2024

City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Joy Jeannette, Councilor
Angelo Meza, Councilor
Amanda Uptergrove, Councilor
City Manager
Jessie Flores
City Attorney
Todd Litfin
Meetings held:
2 nd & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto
Open Session: 7:00 p.m.

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:
• 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.
1 REGULAR MEETING
FEBRUARY 28, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 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 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.
2 REGULAR MEETING
FEBRUARY 28, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________
B. APPROVAL OF AGENDA
C. CITY MANAGERS ANNOUNCEMENTS AND REPORT
D. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
E. PRESENTATIONS
F. 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
A. CALL TO ORDER—REGULAR MEETING
3 REGULAR MEETING
FEBRUARY 28, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. 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 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 City Council Minutes – January 11, 2023 – Regular February 8, 2023 – Regular
February 22, 2023 – Regular
March 8, 2023 – Regular
March 15, 2023 – Special
March 22, 2023 -Regular
April 12, 2023 – Regular
May 10, 2023 - Regular

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

4. Approval of Illness, Injury, Prevention, Program IIPP.

5. Declaration of Surplus Property Pursuant to AB 1486 – APN 3128-221-26.

RESOLUTION NO. 24-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3128-221-26 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND

6. Declaration of Surplus Property Pursuant to AB 1486 – APN 0459-354-08 RESOLUTION NO. 24-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-354-08 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
4 REGULAR MEETING
FEBRUARY 28, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

7. Declaration of Surplus Property Pursuant to AB 1486 – APN 0459-441-45 RESOLUTION NO. 24-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-441-45 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND

8. Declaration of Surplus Property Pursuant to AB 1486 – APN 3129-261-14 RESOLUTION NO. 24-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3129-261-14 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND

9. Declaration of Surplus Property Pursuant to AB 1486 – APN 3129-261-69 RESOLUTION NO. 24-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3129-261-69 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND

10. Declaration of Surplus Property Pursuant to AB 1486 – APN 3129-261-70 RESOLUTION NO. 24-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3129-261-70 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
5 REGULAR MEETING
FEBRUARY 28, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

11. Declaration of Surplus Property Pursuant to AB 1486 – APN 0459-354-07 RESOLUTION NO. 24-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-354-07 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND

12. Declaration of Surplus Property Pursuant to AB 1486 – APN 0459-182-18 RESOLUTION NO. 24-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-182-18 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND

13. Declaration of Surplus Property Pursuant to AB 1486 – APN 0459-182-27 RESOLUTION NO. 24-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-182-27 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND

14. Declaration of Surplus Property Pursuant to AB 1486 – APN 0459-182-28 RESOLUTION NO. 24-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-182-28 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
6 REGULAR MEETING
FEBRUARY 28, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

15. Declaration of Surplus Property Pursuant to AB 1486 – APN 03103-074-41 RESOLUTION NO. 24-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3103-074-41 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND

16. Declaration of Surplus Property Pursuant to AB 1486 – APN 3132-271-05 RESOLUTION NO. 24-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3132-271-05 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND

17. Declaration of Exempt Surplus Land Pursuant to AB 1486 – APN 0459-821-72 RESOLUTION NO. 24-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-821-72 IS EXEMPT SURPLUS LAND

18. Declaration of Exempt Surplus Land Pursuant to AB 1486 – APN 0459-821-73 RESOLUTION NO. 24-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-821-73 IS EXEMPT SURPLUS LAND
7 REGULAR MEETING
FEBRUARY 28, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

19. Declaration of Exempt Surplus Land Pursuant to AB 1486 – APN 3128-671-01 RESOLUTION NO. 24-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3128-671-01 IS EXEMPT SURPLUS LAND

20. Declaration of Exempt Surplus Land Pursuant to AB 1486 – APN 3128-751-79 RESOLUTION NO. 24-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3128-751-79 IS EXEMPT SURPLUS LAND

21. Approval of loan agreement between the City of Adelanto and the Adelanto Public Utility Authority.

22. Approval of Warrant Demand Schedule 23/24-08-02:
a. City of Adelanto Check WarrantNo.149807 through 150198 in the total amount of $ $13,398,337.63
b. City of Adelanto EFT - NA
M__________________S__________________ACTION__________________ H. ADELANTO PUBLIC UTILITY AUTHORITY 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 requests a separate discussion on an item.

PUBLIC COMMENT: OPEN: CLOSED:

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

2. Receive and File Water Department Report.

3. Receive and File Sewer Department Report.
8 REGULAR MEETING
FEBRUARY 28, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

4. Approve the Water Supply Assessment for the Proposed Adelanto Industrial Center Project requested by Adelanto Land Acquisitions, LLC.

RESOLUTION NO. APUA 24-01

A RESOLUTION OF THE BOARD OF DIRECTORS OF

THE ADELANTO PUBLIC UTILITY AUTHORITY

5. Approval of the loan agreement between the City of Adelanto and the Adelanto Public Utility Authority.

M__________________S__________________ACTION__________________ I. ADELANTO PUBLIC UTILITY AUTHORITY NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. PROPOSAL FOR THE IMPLEMENTATION OF A COMPREHENSIVE SURVEILLANCE SYSTEM AT CITY OF ADELANTO WATER FACILITIES. (JESSIE)
RECOMMENDATION: Upon Council's direction, staff will proceed with the actions as directed, moving forward with the implementation of the comprehensive surveillance system to secure the City of Adelanto's water facilities.

M__________________S__________________ACTION__________________ 9 REGULAR MEETING
FEBRUARY 28, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us J. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. CONSIDERATION OF A RESOLUTION RE-ESTABLISHING AN AD HOC CITY COUNCIL

COMMITTEE TO ESTABLISH CRITERIA FOR AWARDING SCHOLARSHIPS THROUGH THE CITY’S CANNABIS SCHOLARSHIP PROGRAM (MARC)
RECOMMENDATION: Staff recommends that the City Council:

Adopt Resolution No. 24-26 re-establishing an ad hoc City Council committee to establish criteria to establish criteria for awarding scholarships through the City’s cannabis scholarship program.

RESOLUTION NO. 24-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, REESTABLISHING AN AD HOC CITY COUNCIL COMMITTEE TO ESTABLISH CRITERIA FOR AWARDING SCHOLARSHIPS THROUGH THE CITY’S CANNABIS SCHOLARSHIP PROGRAM M__________________S__________________ACTION__________________ PUBLIC COMMENT: OPEN: CLOSED:

2. NEW BUSINESS – REVIEW OF FIREWORKS STANDS APPLICATION REQUIREMENTS AND AMEND ORDINANCE’S NO’S 494,516, AND 599 AS DIRECTED BY THE CITY COUNCIL AND APPROVE FIRST READING ORDINANCE NO. 649 (JESSIE/TODD)
RECOMMENDATION: Request that the City Council review and make any changes to the existing Fireworks Ordinance and Approve the changes and adopt for a first reading Ordinance No. 649.

K. ITEMS REMOVED FROM THE CONSENT CALENDAR
L. 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. 10 REGULAR MEETING
FEBRUARY 28, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us M. 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
N. ADJOURNMENT
The next Regular Meeting of the City Council will be held on March 13, 2024, at 7:00 p.m.

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 FEBRUARY 23, 2024 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
U. DECLARATION OF POSTING
11 REGULAR MEETING
FEBRUARY 28, 2024
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 12 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
FEBRUARY 28, 2024
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?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09

TIME TELECONFERENCE
To Participate and and Call in for public
comments:

Please call 1-669-900-6833 along with
conference code 931 4644 4676
Open Session – 7:00 p.m. Passcode: 7601

Dated: February 23, 2024 Brenda Lopez, City Clerk, CMC
13 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
January 11, 2023
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Regular Meeting on Wednesday January 11, 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 Council Member Jeannette to approve the agenda as presented.

Roll Call Vote:

Council Member Jeannette-Yes
Council Member Meza-Yes
Council Member Uptergrove-Yes
Mayor Pro Tem Ramos-Yes
Mayor Reyes-Yes
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 PURSUANT TO GOVERNMENT CODE §54956.9(d)(1). (Two cases)
14 City Council Minutes
Regular Meeting
January 11, 2023
2 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(d)(2) (two potential matters)

3. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4) (one potential matter) City Attorney Marc Trans announced the closed session items.

E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
Mayor Reyes opened public comment at 5:32 p.m.

Mayor Reyes closed public comment at 5:32 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:

Council Member Jeannette-Yes
Council Member Meza-Yes
Council Member Uptergrove-Yes
Mayor Pro Tem Ramos-Yes
Mayor Reyes-Yes
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 7:16 p.m.

Council Members present: Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Uptergrove
15 City Council Minutes
Regular Meeting
January 11, 2023
3 Flag Salute: Ramos
H. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores welcomed everyone back and provided updates on capital improvement projects. He shared that the city of Adelanto does not allow any type of livestock on properties and therefore the animal shelter will not be accepting these types of animals.

I. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Meza announced little league sign ups are taking place. He shared the Boys & Girls club will be doing a fundraiser where they are selling dinner plates for $20 each.

Council Member Uptergrove spoke about events that are coming up.

Council Member Jeannette congratulated the newly elected members. She encouraged residents to participate in meetings and events. She spoke about senior citizen services that she is working on.

Mayor Pro Tem Ramos thanked city staff for all of their work during all the rains. He spoke about items he has available for seniors. He spoke about construction off of the 395 and encouraged drivers to drive safely. He announced there is an active shooter taking place on January 21st at 10931 Lawson Ave.

Mayor Reyes thanked everyone for their positive thoughts and prayers. He spoke about attending an Emmanual House event and seeing what has been offered. He announced events taking place throughout the city.

J. PRESENTATIONS
Captain Jeremy Martinez from the Adelanto Sheriff’s station introduced the new Captain, Captain Ken Lutz.

K. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment.

Shad Boyd thanked everyone for the parade. He spoke about traffic issues with Highway 395 and it not being a safe place for the food trucks. He spoke about the homeless camps also.

Michael Brown thanked the city for all of their help with the Boys & Girls Club. He shared they are still looking for bus transportation for the club and are looking for nonprofits to help and come 16 City Council Minutes
Regular Meeting
January 11, 2023
4 together.

Stevonna Evans congratulated the current council. She announced events for the Adelanto Community Coalition. She spoke about the DR Horton projects always being Express which are the lower budget and would like to see a higher end home. She spoke about the events for a food distribution.

Heather Gaines thanked Captain Martinez for all that he did. She spoke about being able to have livestock in the city and that the shelter is not going to take livestock. She had further questions regarding the process for animal control services. She spoke about the electrical boxes in the city being decorated.

Mayor Reyes closed public comment at 7:58 p.m.

L. CONSENT CALENDAR

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

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

2. Consideration and Approval of A 30-Day Resolution Regarding the Conduct of Teleconferenced Meetings of the City Council and other City Bodies Under Government Code Section 5
RESOLUTION NO. 23-01

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 JANUARY 11, 2023, THROUGH FEBRUARY 10, 2023, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
17 City Council Minutes
Regular Meeting
January 11, 2023
5 M. CONSENT CALENDAR - SUCCESSOR AGENCY

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes seconded by Mayor Pro Tem Ramos approve the consent calendar as presented.

1. Motion waiving the full reading of all ordinances and resolutions. Titles for ordinances and resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

2. Recognized Obligation Payment Schedule (“ROPS”) 23-24 For July 1, 2023 Through June 30, 2024.

SUCCESSOR AGENCY RESOLUTION NO. SA 23-01

A RESOLUTION OF THE BOARD FOR THE SUCCESSOR AGENCY TO THE

FORMER ADELANTO REDEVELOPMENT AGENCY APPROVING AND

ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2023 TO JUNE 30, 2024(ROPS 23-24)

3. Administrative Budget for July 1, 2023 Through June 30, 2024.

SUCCESSOR AGENCY RESOLUTION NO. SA 23-02

A RESOLUTION OF THE BOARD FOR THE SUCCESSOR AGENCY TO THE

FORMER ADELANTO REDEVELOPMENT AGENCY APPROVING AND

ADOPTING THE ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 2023 TO JUNE 30, 2024 (ROPS 20-21)
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

N. NEW BUSINESS

1. ORAL REPORT - SELECTION OF THE MAYOR PRO TEM. (JESSIE) RECOMMENDATION: Staff recommends per the City Charter Article VI, Section 601 (C) 2, By the affirmative vote of not less than three (3) members, the City Council shall choose one of its members as Mayor Pro Tempore.

Brenda presented the staff report.

Mayor Reyes spoke about Jeannette and Ramos both being good candidates for the position. Mayor Reyes requested Ramos to be appointed as the Mayor Pro Tem. 18 City Council Minutes
Regular Meeting
January 11, 2023
6 MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to appoint Daniel Ramos as Mayor Pro Tempore.

Roll Call Vote:

Council Member Jeannette-Yes
Council Member Meza-Yes
Council Member Uptergrove-Yes
Mayor Pro Tem Ramos-Yes
Mayor Reyes-Yes
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

1. CITY COUNCIL APPOINTMENTS TO VARIOUS COMMITTEES. (BRENDA) RECOMMENDATION: Staff recommend that the City Council make various appointments amongst themselves to the various committees.

City Clerk Lopez presented the staff report.

SBCTA: Delegate - Mayor Pro Tem Ramos, Alternate - Mayor Reyes City Select: Delegate - Mayor Reyes, Alternate - Mayor Pro Tem Ramos VVTA Committee: Delegate - Council Member Jeannette, Alternate - Council Member Meza SBTA Mountain Division: Delegate - Mayor Reyes, Alternate – Mayor Pro Tem Ramos Adelanto Community Resource Center: Delegate - Mayor Reyes, Alternate Council Member Uptergrove
San Bernardino County Solid Waste Management Division: Delegate Council Member Jeannette, Alternate - Mayor Pro Tem Ramos
Mojave Air Quality District: Delegate - Mayor Reyes, Alternate - Mayor Pro Tem Ramos League of California Cities Desert Mountain Division: Delegate - Mayor Reyes, Alternate - Council Member Uptergrove
Mojave Air Quality District Governing Board: Delegate -Mayor Reyes, Alternate Mayor Pro Tem Ramos
High Desert Corridor: Delegate - Mayor Pro Tem Ramos, Alternate Mayor Reyes Mojave Desert Mountain Integrated Waste Joint Power Authority: Delegate - Council Member Jeannette, Alternate - Mayor Pro Tem Ramos
19 City Council Minutes
Regular Meeting
January 11, 2023
7 Victor Valley Economic Authority: Delegate - Mayor Reyes, Alternate - Mayor Pro Tem Ramos SCAG: Delegate - Mayor Pro Tem Ramos, Alternate - Mayor Reyes MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to approve the above selections for the committees above.

Roll Call Vote:

Council Member Jeannette-Yes
Council Member Meza-Yes
Council Member Uptergrove-Yes
Mayor Pro Tem Ramos-Yes
Mayor Reyes-Yes
Motion carried 5-0 (Council Members Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

O. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

P. FUTURE AGENDA ITEMS
Meza asked for a search in the city for all of the nonprofits so that they can all have a meeting to come together.

MOTION: Moved by Council Member Meza seconded by Mayor Reyes to have staff prepare a report for what nonprofits are within the city.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Pro Tem Ramos asked for a budget workshop for the community. He asked for information on what the city can do regarding behaviors, drug use, and crime taking place near the high school.

Mayor Reyes asked what the cost would be for 20 cameras to be placed throughout the city for illegal dumping, gun shots, and fireworks and possibly explore grants and other options to fund it.

MOTION: Moved by Mayor Reyes seconded by Mayor Pro Tem Ramos to have staff gather information on the cost of cameras for the city to prevent crime. 20 City Council Minutes
Regular Meeting
January 11, 2023
8 Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes asked for ad-hoc committees to be brought back.

MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to have staff look into brining ad-hoc committees.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes spoke about the process for nonprofits to be reevaluated as it’s too rigorous for the nonprofits who are trying to help the community.

MOTION: Moved by Mayor Reyes seconded by Council Member Meza to have staff prepare a report for what nonprofits are within the city.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes requested a Mayors Weight Loss Challenge 5K that will raise money for the youth sports and also encourage a healthier Adelanto.

MOTION: Moved by Mayor Reyes seconded by Mayor Pro Tem Ramos to have staff look into a Mayors Weight Loss Challenge 5K.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Q. PUBLIC COMMUNICATIONS
None.
21 City Council Minutes
Regular Meeting
January 11, 2023
9 R. ADJOURNMENT
The next Regular Meeting of the City Council will be held on January 25, 2023 at 7:00 p.m.

MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to adjourn the meeting at 8:26 p.m.

Motion carried 5-0 (Council Members Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
22 1

MINUTES OF THE

REGULAR & SPECIAL

CONCURRENT MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
February 8, 2023
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Regular Meeting on Wednesday February 8, 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 6:00 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 Council Member Meza seconded by Mayor Reyes 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 REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISIONS (D)(2) AND (E)(1) (one potential matter)
City Attorney Marc Tran announced the closed session items.

E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
Mayor Reyes opened public comment at 5:02 p.m.
23 City Council Minutes
Regular & Special Concurrent Meeting
February 8, 2023
2 Mayor Reyes closed public comment at 5:02 p.m.

F. CONVENE INTO CLOSED SESSION
MOTION: Moved by Council Member Jeannette, seconded by Mayor Pro Tem Ramos to convene into closed session at 6:02 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 7:12 p.m.

Council Members present: Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Meza
Flag Salute: Mayor Pro Tem 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 shared he will be attending the California League of Cities Conference. He provided an update on the stop sign installation project. He spoke about White Ave and Montezuma Way paving project making process and the expected completion date is by mid to late March of this year. He spoke about various project updates. He also shared that code enforcement is handling the complaints as quickly as they can.

J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Meza spoke about the HD Queenz winning a championship on January 21st. He spoke about Little League Opening Day on March 18th. He announced various youth sports that are having sign ups. He spoke about attending the California League of Cities meeting in Hollywood.

Council Member Uptergrove spoke about the HD Queenz. She also spoke about attending the California League of Cities meeting in Hollywood. She spoke about meeting with several non-profit 24 City Council Minutes
Regular & Special Concurrent Meeting
February 8, 2023
3 organizations within the City.

Council Member Jeannette congratulated the HD Queenz. She spoke about attending the grand opening of Nova Storage. She spoke about meetings she attended.

Mayor Pro Tem Ramos announced the Valentine’s dinner at the American Legion. Spoke about attending the SBCTA meeting.

Mayor Reyes spoke about Holly Eckes from the School Board passing away. He thanked Nova Storage. He spoke about the illegal dumping that’s occurring and finding ways to help stop it.

K. PRESENTATIONS

1. Presentation to the Christmas Parade Sponsors

2. Presentation to the Christmas Parade Winners
Council presented the Parade Sponsors and Winners.

L. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 8:10 p.m.

Resa spoke about concerns at the high school and that the teachers are scared of the children.

Shad spoke about Yucca and Racoon the 395 dispensary. He stated that illegal grows are allowed to be open.

Shawn spoke about living in the area for several years and for the past two years he has helped with events. He announced the Adelanto Kingz sign ups.

Alexesis spoke about White and Jonathan.

Diana spoke about Holly Eckes.

Magda spoke about benefits for Veterans and their being an Auxiliary Dinner at the American Legion. She asked for VVTA vouchers for seniors and she also spoke about illegal vendors.

Terry spoke about turning addresses in for code violations.

Maribel spoke about food truck licenses.

Chris spoke about his dog “Killer” not being able to run for planning as he’s too busy.

Mr. Brown spoke about the Adelanto Boys & Girls Club. He thanked every senior that came out. 25 City Council Minutes
Regular & Special Concurrent Meeting
February 8, 2023
4 He is asking the City for donations and thanked the council for allowing the community first.

Heather spoke about the food truck vendors. She spoke about the Veteran’s Valentine’s Dinner.

Lee spoke about cleaning up trash.

Mayor Reyes closed public comment at 8:42 p.m.

M. CONSENT CALENDAR

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.

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 – December 8, 2021, January 12, 2022, January 18, 2022 Special, January 18, 2022, January 26, 2022, February 9, 2022, February 2, 2022, March 9, 2022, March 23, 2022, March 29, 2022 Special, April 13, 2022, April 26, 2022 and April 27, 2022 Special.

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.

RESOLUTION NO. 23-09

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 FEBRUARY 8, 2023, THROUGH FEBRUARY 28, 2023, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e).

4. Approval of Tract Map Single Family Residential Lots-20401 Final Acceptance.

5. Approval of Parcel Map Light Manufacturing-20495 Final Acceptance.

Motion carried 4-1 (Jeannette, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Meza abstaining from item #2).
26 City Council Minutes
Regular & Special Concurrent Meeting
February 8, 2023
5 N. APUA NEW BUSINESS

1. PROFESSIONAL SERVICE AGREEMENT FOR DESIGN SERVICES FOR DRILLING A NEW GROUNDWATER PRODUCTION WELL. (SABA)
RECOMMENDATION: Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Wood Rodgers in the amount of $126,060 for Design Services for Drilling a New Groundwater Production Well and authorize the City Manager to sign the agreement on behalf of the City Council.

Contracted Engineer Saba presented the staff report.

Further discussion ensued regarding the item.

Mayor Reyes opened public comment at 8:47 p.m.

Lee spoke about how the city plans on putting a well in when the pipes are bad.

Mayor Reyes closed public comment at 8:48 p.m.

MOTION: Moved by Chairman Reyes seconded by Authority Member Jeannette to approve the award of a Professional Service Agreement (PSA) with Wood Rodgers in the amount of $126,060 for Design Services for Drilling a New Groundwater Production Well and authorize the City Manager to sign the agreement on behalf of the City Council.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

O. NEW BUSINESS

1. RECOMMEND AWARD OF CONTRACT FOR THE AUBURN AVENUE & JONATHAN STREET IMPROVEMENTS PROJECT. (SABA)
RECOMMENDATION: Staff recommends City Council approve an award of construction contract agreement with Miller Equipment Company, Inc. in the amount of $1,095,410, to provide construction of Auburn Avenue & Jonathan Street Improvements project, authorizing project construction contingency in the amount of $109,541 for the construction, authorizing City Manager or designee to expend the contingency fund, if necessary to complete the 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.

Contracted Engineer Saba presented the staff report.
27 City Council Minutes
Regular & Special Concurrent Meeting
February 8, 2023
6 City Manager Flores provided additional information regarding the project.

Mayor Reyes opened public comment at 8:59 p.m.

Magda shared she is excited to hear of Vallarta’s coming to Adelanto.

Heather shared her excitement as well.

Resa thanked the staff.

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

MOTION: Moved by Council Member Jeannette seconded by Mayor Pro Tem Ramos to approve an award of construction contract agreement with Miller Equipment Company, Inc. in the amount of $1,095,410, to provide construction of Auburn Avenue & Jonathan Street Improvements project, authorizing project construction contingency in the amount of $109,541 for the construction, authorizing City Manager or designee to expend the contingency fund, if necessary to complete the 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.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. CONSIDERATION AND APPROVAL OF AN AGREEMENT WITH BURKE, WILLIAMS & SORENSEN, LLP FOR LEGAL SERVICES. (CITY ATTORNEY)
RECOMMENDATION: Staff recommends that the City Council approve an agreement with Burke, Williams & Sorensen, LLP for legal services.

City Attorney Tran presented the staff report.

Mayor Reyes opened public comment at 9:04 p.m.

Mayor Reyes closed public comment at 9:04 p.m.

MOTION: Moved by Mayor Reyes seconded by Mayor Council Member Meza to approve an agreement with Burke, Williams & Sorensen, LLP for legal services.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
28 City Council Minutes
Regular & Special Concurrent Meeting
February 8, 2023
7 3. RESOLUTION NO. 23-05: NOMINATION AND APPOINTMENT BY MAYOR PRO TEM RAMOS TO THE PLANNING COMMISSION. (MAYOR PRO TEM RAMOS) RECOMMENDATION: Approval of Mayor Pro Tem Ramos’s appointment to the Planning Commission.

RESOLUTION NO. 23-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

PROVIDING FOR AN APPOINTMENT TO THE PLANNING
COMMISSION.

Mayor Pro Tem Ramos presented the staff report nominating Ricky Rubalcava to the planning commission.

Mayor Reyes opened public comment at 9:15 p.m.

Chris shared he is in favor of Ricky Rubalcava.

Magda wants a planning commission to do something and have their own voice.

Lee spoke about the same as what Magda talked about also.

Mayor Reyes closed public comment at 9:17 p.m.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to appoint Ricky Rubalcava to the planning commission.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

4. DISCUSSION ITEM – AD HOC COMMITTEES. (CITY COUNCIL)
RECOMMENDATION: The City Council to discuss and provide direction to staff on the Ad Hoc Committee.

City Clerk Lopez shared the current Ad Hoc committees are illegal dumping, community, graffiti, and water.

Mayor Pro Tem Ramos spoke about drugs, kids, and high school or scholarships.

Council Member Meza spoke about the need for teenagers.

Mayor Ramos suggested a Teenage Ad HOC. He suggested changing the graffiti and illegal dumping as a Beautification Ad HOC.

List is as follows:
29 City Council Minutes
Regular & Special Concurrent Meeting
February 8, 2023
8 1. Community ( Reyes & Uptergrove)

2. Water Coalition (Reyes & Ramos)

3. Beautification (illegal dumping & graffiti) (Jeannette & Meza)

4. Youth Drug Awareness (Meza & Uptergrove)

5. Scholarships (Ramos & Uptergrove)

6. Stray Animal (Jeannette & Reyes)
Mayor Reyes opened public comment at 9:44 p.m.

Faith asked about the scholarship and if the child will have to be an Adelanto District student.

Magda suggested doing the youth one as alcohol, drugs, and tobacco.

Heather shared she is excited to work with Reyes on the animal ad-hoc.

A citizen spoke about the scholarship requirements.

5. DISCUSSION ITEM – UPDATE ON TRAFFIC STUDY. (JESSIE/SABA) RECOMMENDATION: Staff to provide an update to the City Council.

City Manager Flores presented the staff report.

Contracted Engineer Saba also provided information.

Further discussion ensued.

Mayor Reyes opened public comment.

Magda spoke about solar lighting for the stop signs.

Mayor Reyes closed public comment.

6. DISCUSSION ITEM – MOVIE NIGHTS AT THE PARK. (JESSIE/BRENDA) RECOMMENDATION: The City Council to discuss and provide direction to staff on Movie Nights in the Park.

City Clerk Lopez presented the staff report.

Chris spoke about a way to make profit.

Leslie stated they would like to sponsor the first movie.

Terry spoke about ways to promote having vendors.

Mayor Reyes closed public comment at 10:15 p.m.

7. DISCUSSION ITEM - TRANSLATOR FOR CITY COUNCIL MEETINGS (Jessie / Angel / Brenda) 30 City Council Minutes
Regular & Special Concurrent Meeting
February 8, 2023
9 City Clerk Lopez presented the staff report.

Further discussion ensued.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to extend the meeting 15 minutes.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes opened public comment.

Heather spoke about having various classes offered for citizens to learn English or Spanish.

Mayor Reyes closed public comment.

E. SPECIAL CONCURRENT NEW BUSINESS

1. MEMORANDUM OF UNDERSTANDING (MOU) WITH FIBERTRONICS INC. FOR ELECTRICAL CHARGING STATIONS. (SABA)
RECOMMENDATION: Staff recommends City Council approve the Memorandum of Understanding (MOU) with Fibertronics, Inc. to install Level 2 Electric Vehicle (EV) Charging Stations, eight (8) at City Hall and ten (10) at Adelanto Plaza and Event Center (Stadium) and authorize the City Manager to sign the MOU on behalf of the City Council.

Contracted Engineer Saba presented the staff report.

Mayor Reyes opened public comment at 9:24 p.m.

Magda shared this is a weird spot to put it. She asked if people have to pay for it.

Lee stated he is in favor of the item.

Mayor Reyes closed public comment at 9:27 p.m.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Meza to approve approve the Memorandum of Understanding (MOU) with Fibertronics, Inc. to install Level 2 Electric Vehicle (EV) Charging Stations, eight (8) at City Hall and ten (10) at Adelanto Plaza and Event Center (Stadium) and authorize the City Manager to sign the MOU on behalf of the City Council.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
31 City Council Minutes
Regular & Special Concurrent Meeting
February 8, 2023
10 P ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

Q. FUTURE AGENDA ITEMS
Council Member Meza asked for a presentation for graduating students who have done outstanding things.

Council Member Uptergrove asked for consideration on having a youth council.

Council Member Jeannette asked for an update on honoring Veterans in front of city hall.

Mayor Reyes asked for the city to reach out to the NCAAP regarding Black History Month next year. Also, asked for the city to reach out to the students that Meza mentioned.

Mayor Pro Tem Ramos spoke about doing the right thing.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Meza to approve the future agenda items.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

R. PUBLIC COMMUNICATIONS
None.

S. ADJOURNMENT
The next Regular Meeting of the City Council will be held on February 22, 2023 at 7:00 p.m.

MOTION: Moved by Mayor Reyes seconded by Council Member Meza to adjourn the meeting at 10:37 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
32 City Council Minutes
Regular & Special Concurrent Meeting
February 8, 2023
11 33
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
February 22, 2023
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Regular Meeting on Wednesday February 22, 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 6:03 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 Pro Tem Ramos, seconded by Council Member Jeannette to approve the agenda as presented.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. CONFERENCE WITH LEGAL COUNSEL REGARDING LIABILITY CLAIMS PURSUANT TO GOVERNMENT CODE SECTION 54956.95 (Claimant: Andrew Monroy; Agency Claimed Against: City of Adelanto).

City Attorney Marc Tran announced the closed session items.

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

Diana Esmeralda spoke about closed session items needing to be in the agenda because the people 34 City Council Minutes
Regular Meeting
February 22, 2023
2 of the state have the right to know.

Mayor Pro Tem Ramos closed public comment at 6:07 p.m.

F. CONVENE INTO CLOSED SESSION
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Uptergrove to convene into closed session at 6:05 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 7:01 p.m.

Council Members present: Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Meza
Flag Salute: Mayor Pro Tem Ramos
H. CLOSED SESSION REPORT
City Attorney Marc Tran stated a settlement agreement was approved and will be reported at the subsequent meeting.

I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores spoke about the trip to Sacramento. He spoke about various projects.

J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Meza spoke about Little League Opening Day March 18th. He thanked the city manager, mayor and mayor pro tem for going up north.

Council Member Uptergrove spoke about her excitement for the repairs that are happening within the city. She shared she spoke with some individuals that are interested in developing Adelanto.

Council Member Jeannette spoke about various meetings she attended. 35 City Council Minutes
Regular Meeting
February 22, 2023
3 Mayor Pro Tem Ramos spoke about his trip to Sacramento.

Mayor Reyes spoke about the trip to Sacramento. He spoke about various meetings he attended.

K. PRESENTATIONS

1. Presentation of Proclamation recognizing Black History Month.

Terrance Stone from the Black Chamber of Commerce received the Proclamation.

L. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:19 p.m.

Coach Isaiah thanked Meza for the prayers for the Queenz.

Justified spoke about events in the High Desert. He wants to unite communities. He has partnered with New Leaf Ministries.

Mr. Brown spoke about the Boys & Girls Club discussion a year ago. He shared that someone felt there should be something different and he feels he is being harassed because he doesn’t agree with that person. He asked when the city is going to be in compliance with their requirements. He stated he feels he is being targeted by people and it’s sad for the seniors and youth that are utilizing the facility.

Heather spoke about the VVAPL contract and livestock issues. She spoke about a community garden.

Roosevelt spoke with a compliance lady to talk about compliance in diversity with jobs in the cannabis industry.

Magda shared that the American Legion on March 11th will be hosting cornbeef and cabbage dinner. She spoke about cooking for seniors.

Mayor Reyes closed public comment at 7:36 p.m.

M. CONSENT CALENDAR

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 item #4 being removed by Jeannette for discussion. 36 City Council Minutes
Regular Meeting
February 22, 2023
4 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 Report.

3. Recommend Approval of Amendments and Revised Memoranda to 2021 and 2022 Encroachment Permit Agreements with Solar Generators Baldy Mesa Solar LLC and Silver Peak Energy, LLC, of the AES Corporation, for the Baldy Mesa solar project site and the Silver Peak Solar Project Site.

4. REMOVED FOR DISCUSSION) Consideration and Adoption of a Resolution No. 23-12 revising Resolution No. 10-57, Establishing Rules, Guidelines, and Procedures for City Council Meetings
RESOLUTION NO. 23-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, REVISING RESOLUTION NO. 10-57, ESTABLISHING

RULES OF DECORUM, MEETING GUIDELINES AND PROCEDURES

5. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 22/23-07-02- 148208 through 148346 in the total amount of $ 3,354,290.67.
b. Approval of City of Adelanto EFT No. Warrant, 22/23-07-02- 1761 through 1804 in the total amount of $ 446,041.22.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

N. 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 consent calendar as presented.

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

2. Receive and File Water Department Report.

3. Receive and File Sewer Department Report.
37 City Council Minutes
Regular Meeting
February 22, 2023
5 Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

O. PUBLIC HEARING

1. CONSIDERATION OF A RESOLUTION APPROVING THE CITY’S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2023-24. (ANGEL/DERIK)
RECOMMENDATION: It is recommended that the City Council: (1) open the public hearing and take public testimony; and (2) adopt Resolution No. 23-10 authorizing the City’s CDBG Program for Fiscal Year 2023-24.

RESOLUTION NO. 23-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE CITY’S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2023-24 Senior Accountant Despain presented the staff report.

The applicants were available for questions.

Mayor Reyes opened public comment at 7:51.

Mayor Reyes closed public comment at 7:52
Further discussion ensued.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to open the public hearing and take public testimony; and adopt Resolution No. 23-10 authorizing the City’s CDBG Program for Fiscal Year 2023-24.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

P. NEW BUSINESS

1. TELECONFERENCE MEETINGS AFTER TERMINATION OF CALIFORNIA

EMERGENCY DECLARATION
38 City Council Minutes
Regular Meeting
February 22, 2023
6 RECOMMENDATION: The City Council is requested to: 1) Receive and file a presentation on the teleconference requirements under AB 2449; and 2) Establish a policy that the first two members of the Council, commission, or standing committee, to notify the City Manager or City Clerk of a teleconference participation request, will be granted teleconference meeting privileges under either Traditional Brown Act or AB 2449.

City Attorney Vasquez presented the staff report.

Mayor Reyes opened public comment at 8:10 p.m.

Mayor Reyes closed public comment at 8:10 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to Receive and file a presentation on the teleconference requirements under AB 2449; and 2) Establish a policy that the first two members of the Council, commission, or standing committee, to notify the City Manager or City Clerk of a teleconference participation request, will be granted teleconference meeting privileges under either Traditional Brown Act or AB 2449.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. APPROVE RESOLUTION 23-11 AUTHORIZING THE PURCHASE OF A NEW SKIP

LOADER FOR USE ON CITY STREETS AND RIGHTS OF WAY AND AMEND THE 2023-24 FISCAL YEAR BUDGET ACCORDINGLY. (ANGEL/DERIK)
RECOMMENDATION: Staff recommends that Council approve Resolution 23-11 authorizing the purchase of a new Skip Loader for use on The City of Adelanto’s (“The City”) Streets and Rights of Way and amend the 2023-24 Fiscal Year budget accordingly.

RESOLUTION NO. 23-11

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

SAN BERNARDINO, CALIFORNIA, APPROVING THE PURCHASE OF A NEW SKIP LOADER FOR USE ON THE CITY OF ADELANTO’S STREETS AND RIGHTS OF WAY AND AMENDING THE 2023-2024 FISCAL YEAR BUDGET ACCORDINGLY Senior Accountant Despain presented the staff report.

Mayor Reyes opened public comment at 8:15 p.m.

Mayor Reyes closed public comment at 8:15 p.m.

MOTION: Moved by Council Member Meza, seconded by Mayor Pro Tem Ramos to approve Resolution 23-11 authorizing the purchase of a new Skip Loader for use on The City of Adelanto’s (“The City”) Streets and Rights of Way and amend the 2023-24 Fiscal Year budget accordingly.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes). 39 City Council Minutes
Regular Meeting
February 22, 2023
7 Q. ITEMS REMOVED FROM THE CONSENT CALENDAR

4. Consideration and Adoption of a Resolution No. 23-12 revising Resolution No. 10-57, Establishing Rules, Guidelines, and Procedures for City Council Meetings RESOLUTION NO. 23-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, REVISING RESOLUTION NO. 10-57, ESTABLISHING

RULES OF DECORUM, MEETING GUIDELINES AND PROCEDURES
There was discussion amongst the Council.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to approve item #4 as presented.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes)
R. FUTURE AGENDA ITEMS
Council Member Meza spoke about a light at Air Expressway and 395 that is facing the wrong direction. City Manager Flores advised it was fixed but got turned with the wind.

Council Member Uptergrove shared that she was sad that the council opened up the Ad Hoc committees and the city only received 3 total applications. She stated if there is no participation then she would consider removing the Ad Hoc committees due to participation.

MOTION: Moved by Council Member Uptergrove, seconded by Council Member Meza to disband the Ad Hoc committees.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes)
Council Member Jeannette spoke about having the code enforcement reports available. City Attorney Flores stated they come out quarterly.

Mayor Pro Tem Ramos thanked the American Legion for the Valentine’s Dinner. He spoke about the community garden and he has a gentleman that he will be introducing to the City Manager to help get the garden going. He thanked Fathers and Hip Hop for showing up. 40 City Council Minutes
Regular Meeting
February 22, 2023
8 Mayor Reyes spoke about the need for council to get to DC quickly because of some applications that are opening up and require that council meets with those staffers. He spoke about ICSC and the need for the city to get back out there and try and get some growth.

S. PUBLIC COMMUNICATIONS
None.

R. ADJOURNMENT
The next Regular Meeting of the City Council will be held on March 8, 2023 at 7:00 p.m.

MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to adjourn the meeting at 8:29 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
41 1

MINUTES OF THE

REGULAR

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
March 8, 2023
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Regular Meeting on Wednesday March 8, 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 6:02 p.m.

Council Members present: Jeannette, Meza, Uptergrove, and Mayor Pro Tem Ramos.

Absent: Mayor Reyes
B. DELETIONS/ADDITIONS TO AGENDA
None.

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

Motion carried 4-1 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos voting yes and Mayor Reyes voting noted as absent).

D. ANNOUNCEMENTS OF CLOSED SESSION ITEMS

1. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISIONS (D)(2) AND (E)(1) (one potential matter)
City Attorney Marc Tran announced the closed session items. 42 City Council Minutes
Regular Meeting
March 8, 2023
2 Mayor Reyes arrived at 6:10 p.m.

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

Diana Esmeralda spoke about closed session items needing to be in the agenda because the people of the state have the right to know.

Mayor Pro Tem Ramos closed public comment at 6:07 p.m.

F. CONVENE INTO CLOSED SESSION
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Uptergrove to convene into closed session at 6:07 p.m.

Motion carried 4-1 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos voting yes and Mayor Reyes voting noted as absent).

Mayor Pro Tem Ramos allowed a citizen to speak that showed up during the closed session. The citizens had questions about the closed session.

G. CALL TO ORDER - REGULAR MEETING
Mayor Reyes called to order the regular meeting at 7:06 p.m.

Council Members present: Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Jeannette
Flag Salute: Council Member Meza
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 High Desert Real Estate Symposium taking place and he will be part of the City Manager’s panel to showcase the future economic development growth. He provided updates about various projects throughout the city. 43 City Council Minutes
Regular Meeting
March 8, 2023
3 J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Meza spoke about how the HD Queenz traveled to New Jersey and received two championships. They also won the competition in Las Vegas that they attended also. He spoke about Little League Opening Day March 18th.

Council Member Uptergrove spoke about the weather the city had and the city handling it appropriately. She congratulated the Queenz on their accomplishments. She shared she met with the Stadium Director and was impressed with the variety that is being offered.

Council Member Jeannette spoke about meetings she attended.

Mayor Pro Tem Ramos spoke about work being done on Hwy 395 and I15. He asked residents to report any road hazards on the freeway and also within the city.

Mayor Reyes spoke about grants and funding for new development for electric charging stations.

He spoke about Supervisor Cook being passionate about the illegal dumping that’s taking place. He spoke about additional events he attended.

K. PRESENTATIONS
None.

L. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:42 p.m.

MOTION: Moved by Mayor Pro Tem Ramos seconded by Mayor Reyes to allow the family of Jesus to have 6 minutes.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

The family of Jesus spoke about his passing.

Mayor Pro Tem asked the City Attorney to look into using the digital board for a positive message with the approval of the family.

Melanie, friend of Jesus, spoke about him.

Eileen spoke about Jesus.
44 City Council Minutes
Regular Meeting
March 8, 2023
4 Isabel spoke about Jesus.

Tina shared she has been watching the meetings on facebook. She would like to be more involved in the animal shelter and rescuing animals. She shared that when she filled the Ad HOC committee there were items missing on the application that would have helped her complete it.

Heather spoke about the Utility Box Art Project and how excited she is. She spoke about the request for the supplies for those in the mountains that are stuck in the snow. She shared there is a drop off location at 3701 N Sierra Way, San Bernardino where they are collecting items and also holding meetings.

Mr. Lee apologized for calling the Council clowns and stooges. He asked about having the power poles painted like the boxes as well.

Chris Waggener gave condolences to the family of Jesus. He spoke about paving within the city.

Debbie shared she lost her daughter so she feels the pain of the family. She spoke about the paving not being done all the way to Chamberlain. She spoke about code enforcement giving time to make the corrections.

Frank spoke about the infrastructure that ended the life of Jesus. He asked the council to be proactive.

Mayor Reyes closed public comment at 8:23 p.m.

M. CONSENT CALENDAR

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 removing item #2 being pulled by Uptergrove and #3 being pulled for the special concurrent meeting.

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 Auditors report on Cannabis Compliance Activities for mid-fiscal year 2022/2023.

3. Affirm Annexation of Adelanto Pointe– Tract 20504 Into Landscape Maintenance District No. 1 and Street Lighting Maintenance District.

RESOLUTION NO. 23-16
45 City Council Minutes
Regular Meeting
March 8, 2023
5 INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY (SENECA POINTE III-TRACT 20401) TO ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND THE LEVY AND

COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2023/2024, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE RESOLUTION NO. 23-17
DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY KNOWN AS ADELANTO POINTE - TRACT 20504 TO THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 AS ANNEXATION 2023-029,

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 2023/2024, 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
RESOLUTION NO. 23-18

INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY
(ADELANTO POINTE-TRACT 20504) TO ADELANTO LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND THE LEVY AND

COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2023/2024, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE RESOLUTION NO. 23-19
DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY TO THE ADELANTO LANDSCAPE MAINTENANCE DISTRICT NO. 1 , AND TO LEVY

AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO COMMENCING FISCAL YEAR 2023/2024, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; AND

CALLING FOR A PROPERTY OWNER 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

4. Parcel Map Single Family Residential-20503 Final Acceptance.

Motion carried 5-0 (Jeannette, Meza Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
46 City Council Minutes
Regular Meeting
March 8, 2023
6 N. NEW BUSINESS
Motion moved by Mayor Pro Tem Ramos, seconded by Mayor Reyes to take a 5 minute recess to talk with the family of Jesus.

1. ADOPT RESOLUTION NO. 23-15 THAT RATIFIES THE DIRECTOR OF EMERGENCY SERVICES’ PROCLAMATION OF A LOCAL EMERGENCY PROCLAMATION. (CITY

ATTORNEY)
RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 23-15 that ratifies the Director of Emergency Services’ issuance of a local emergency proclamation.

RESOLUTION NO. 23-15

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

COUNTY OF SAN BERNARDINO RATIFYING THE CITY MANAGER/DIRECTOR

OF EMERGENCY SERVICES PROCLAMATION OF EXISTENCE OF A LOCAL

EMERGENCY
City Attorney Andrew presented the staff report.

Mayor Reyes opened public comment at 8:53 p.m.

Mayor Reyes closed public comment at 8:53 p.m.

MOTION: Moved by Mayor Reyes seconded by Council Member Meza to adopt Resolution No. 23-15 that ratifies the Director of Emergency Services’ issuance of a local emergency proclamation.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. DISCUSSION ITEM - ICSC CONFERENCE. (Jessie/Angel)
RECOMMENDATION: The City Council to discuss and provide direction to staff.

City Manager Flores presented the staff report.

Further discussion ensued.

Mayor Reyes opened public comment at 9:04 p.m.

Heather had questions about the conference and how it works. 47 City Council Minutes
Regular Meeting
March 8, 2023
7 Faith spoke about if citizens can attend the conference.

Mayor Reyes closed public comment at 9:14 p.m.

Finance Director Angel spoke about the cost of the event.

3. DISCUSSION ITEM CITY COUNCIL RETREAT. (Jessie/Angel) RECOMMENDATION: The City Council to discuss and provide direction to staff.

City Manager Flores presented the staff report.

Mayor Pro Tem Ramos spoke about other council’s having issues. He shared this is to build strength amongst the council to be stronger for their citizens.

Mayor Reyes opened public comment at 9:24 p.m.

Mayor Reyes closed public comment at 9:24 p.m.

4. DISCUSSION ITEM - LEGISLATIVE TRIP TO WASHINGTON (Jessie/Angel) RECOMMENDATION: The City Council to discuss and provide direction to staff.

City Manager Flores presented the staff report.

Further discussion ensued.

Mayor Reyes opened public comment at 9:34 p.m.

Frank spoke about being concerned with the cost and the chance it may not bring in money for the city but only cost.

Heather asked where the money was coming from. She shared that she understands that it is important for the council to be there and represent Adelanto.

Mayor Reyes closed public comment at 9:39 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes seconded by Council Member Uptergrove to extend the meeting until 10:30 p.m.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
48 City Council Minutes
Regular Meeting
March 8, 2023
8 5. DISCUSSION ITEM – ADHOC COMMITTEES. (CITY COUNCIL) RECOMMENDATION: The City Council to discuss and provide direction to staff.

City Manager Flores presented the staff report.

Further discussion ensued.

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

Heather spoke about having more advertising for the committees.

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

Further discussion ensued.

O. ITEMS REMOVED FROM THE CONSENT CALENDAR

2. Receive and file Auditors report on Cannabis Compliance Activities for mid-fiscal year 2022/2023.

Consultant Jamie was available for questions.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to give an additional 30 minutes for the meeting.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to receive and file Auditors report on Cannabis Compliance Activities for mid-fiscal year 2022/2023.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

P. FUTURE AGENDA ITEMS
Council Member Meza spoke about providing recognition to some of the youth groups in the city.

Council Member Uptergrove requested an ordinance to create a youth council / commission within the city.

Mayor Pro Tem Ramos asked about the electronic sign board and doing something for the family. 49 City Council Minutes
Regular Meeting
March 8, 2023
9 MOTION: Moved by Mayor Pro Tem Ramos, seconded by Mayor Reyes to approve the future agenda items for Ramos.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes asked for a proclamation for the High Desert Queenz and also one of the boxers that won nationals.

MOTION: Moved by Mayor Reyes, seconded by Council Member Uptergrove to approve the future agenda items for Reyes.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes Mayor Reyes also asked for recognition for Ryan Garcia from Adelanto Elementary School District who had a big fight with Tank in Vegas and he would like to recognize him on April 12th.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to approve the future agenda item from Reyes.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

P ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

Q. PUBLIC COMMUNICATIONS
R. ADJOURNMENT
The next Regular Meeting of the City Council will be held on March 22, 2023 at 7:00 p.m.

MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to adjourn the meeting at 10:41 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
50 1

MINUTES OF THE

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
March 15, 2023
A. CALL TO ORDER – SPECIAL MEETING
The Adelanto City Council held the Special Meeting on Wednesday March 15, 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 special meeting at 6:01 p.m.

Council Members present: Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Uptergrove
Flag Salute: Council Member Meza
B. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 6:02 p.m.

Mayor Reyes closed public comment at 6:02 p.m.

C. 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. Acceptance of Parcel Map 20503.

3. Acceptance of Amendment to Parcel Map 19866.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
51 City Council Minutes
Special Meeting
March 15, 2023
2 D. NEW BUSINESS

1. PROFESSIONAL SERVICES AGREEMENTS, FOR ON-CALL GEOTECHNICAL ENGINEERING CONSULTANT SERVICES. (SABA)
RECOMMENDATION: Staff recommends City Council approves firms Converse Consultants, GEOCON West Inc., and RMA Group, Inc. to provide As Needed On-Call Geotechnical Engineering Services, and authorize the City Manager to sign the agreement on behalf of the City Council.

Contracted Engineer Saba presented the staff report.

Mayor Reyes opened public comment at 6:11 p.m.

Mayor Reyes closed public comment at 6:11 p.m.

MOTION: Moved by Mayor Reyes seconded by Council Member Meza to approve firms Converse Consultants, GEOCON West Inc., and RMA Group, Inc. to provide As Needed On-Call Geotechnical Engineering Services, and authorize the City Manager to sign the agreement on behalf of the City Council.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. PROFESSIONAL SERVICES AGREEMENTS, FOR GRANT WRITING SERVICES. (SABA) RECOMMENDATION: Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with the firms ALTA Planning + Design, Inc., and California Consulting, Inc. for Grant Writing Services, and authorize the City Manager to sign the agreement on behalf of the City Council.

Contracted Engineer Saba presented the staff report.

Dan from the applicant was available for questions.

Mayor Reyes opened public comment at 6:31 p.m.

Magda praised Saba for all that she has done so far. She spoke about hiring someone who lives in the city.

Mayor Reyes closed public comment at 6:34 p.m.

Mayor Reyes opened public comment at 6:34 p.m.
52 City Council Minutes
Special Meeting
March 15, 2023
3 Mr. Wormly spoke about the need for a professional to help with grant writing. He asked if the company works with the USDA grants as that is the direction that Adelanto is headed.

Mayor Reyes closed public comment at 6:36 p.m.

MOTION: Moved by Mayor Reyes seconded by Mayor Pro Tem Ramos to approve the award of a Professional Service Agreement (PSA) with the firms ALTA Planning + Design, Inc., and California Consulting, Inc. for Grant Writing Services, and authorize the City Manager to sign the agreement on behalf of the City Council.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

3. PROFESSIONAL SERVICE AGREEMENT FOR CLEAN CALIFORNIA LOCAL GRANT PROGRAM APPLICATION . (SABA)
RECOMMENDATION: Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with ALTA Planning + Design, Inc. (ALTA) in the amount of $10,000 for writing one (1) Clean California Grant Program application and authorize the City Manager to sign the agreement on behalf of the City Council.

Contracted Engineer Saba presented the staff report.

Mayor Reyes opened public comment at 6:49 p.m.

Magda asked for clarification on the 395 conflict with CALTRANS. She spoke about the need for landscape and lighting in the area to entice people to want to visit.

Mr. Wormley spoke about the certified farmers market at the stadium. He shared that he has a farm in Hesperia. He spoke about various events that he wants to do involving the farm.

Mayor Reyes closed public comment at 6:54 p.m.

MOTION: Moved by Council Member Jeannette seconded by Mayor Pro Tem Ramos to approve the award of a Professional Service Agreement (PSA) with ALTA Planning + Design, Inc. (ALTA) in the amount of $10,000 for writing one (1) Clean California Grant Program application and authorize the City Manager to sign the agreement on behalf of the City Council.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

E. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
53 City Council Minutes
Special Meeting
March 15, 2023
4 F PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 6:56 p.m.

Magda spoke about the need for a pool.

Mr. Wormley spoke about Barstow having two pools and agrees that Adelanto needs one also.

Spanish Speaking citizen spoke regarding having bad water.

Mayor Reyes closed public comment at 7:07 p.m.

G. ADJOURNMENT
The next Regular Meeting of the City Council will be held on March 22, 2023 at 7:00 p.m.

MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to adjourn the meeting at 7:10 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
54 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
March 22, 2023
A. CALL TO ORDER – REGULAR MEETING
The Adelanto City Council held the Regular Meeting on Wednesday March 22, 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 meeting at 7:02 p.m.

Council Members present: Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Meza
Flag Salute: Mayor Pro Tem Ramos
B. DELETIONS / ADDITIONS TO AGENDA
None.

C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to approve the agenda as presented
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

D. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
City Manager Flores spoke about a grant proposal to Oberolnote’s office for the amount of $50 million dollars for water and wastewater infrastructure improvements. He requested former Council Member Camargo to come forward to speak about his youth sports program.

Former Council Member Camargo spoke about his baseball and softball program and that they are 55 City Council Minutes
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March 22, 2023
2 the second longest running youth program in Adelanto. He spoke about their organization being a non profit and other items regarding the organization.

E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Meza spoke about opening day for little league.

Council Member Uptergrove spoke about attending the symposium. She stated Jesse did an awesome job. She is excited to get the youth council going.

Council Member Jeannette spoke about events in the community. She spoke about the meetings that she attended.

Mayor Pro Tem Ramos shared that the art utility box program is underway. He encouraged people to contact the council with the artwork for approval and once approved will be sent to Frontier for final approval.

Mayor Reyes spoke about meetings that he attended. He spoke about the water coalition and what a great meeting he had with them. He presented a certificate of recognition to Maya.

G. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 8:03 p.m.

Alicia spoke about representing Adelanto. She reminded them not to forget about the water. She spoke about having a translator.

Maribel, a Spanish speaker, requested an update on the food truck ordinance.

Tina spoke about not seeing a notice regarding the previous special meeting. She stated she will be attending as many meetings as possible since she wants to be involved with the animal shelter.

Mr. Brown thanked the council for their help with the bread, heaters, and blankets. He stated he is confused regarding the property he is at. He stated that they are asking for a charter school and he doesn’t understand why when he has only wanted to have the Boys and Girls Club there.

Diana Esmeralda shared that she has community garden seeds from the We Love Adelanto group.

She shared that she has a seed library and has good plans for it. She spoke about a Brown Act violation regarding Uptergrove and Reyes regarding a facebook page.

Magda spoke about an Easter dinner on April 8th at the American Legion. She spoke about the food trucks.

Heather spoke about the I love Adelanto and We love Adelanto groups should be open to all city 56 City Council Minutes
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3 residents. Mayor Reyes and City Attorney Tran stated that it is a private group and the City doesn’t have anything to do with it.

Carmen from Downey spoke about a husky that was hit by a car on 395 across the race track.

Mayor Reyes closed public comment at 8:32 p.m.

H. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to approve the consent calendar as presented with item #4 being pulled for discussion.

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

2. Receive and file Monthly Commercial and Residential Recycling Department Report.

3. Receive and File Business License Report.

4. Receive and file Community Safety Department Report

5. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 22/23-09-02- 148347 through148508 in the total amount $2,605,917.05
b. Approval of City of Adelanto EFT No. Warrant, 22/23-09-02- 1805 through 1844 in the total amount of $2,521,645.17.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

I. 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 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. 57 City Council Minutes
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4 2. Receive and File Water Department Report.

3. Receive and File Sewer Department Report.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

J. PUBLIC HEARING

1. CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE SECTION

17.80.130 (NON-STOREFRONT CANNABIS RETAILER) OF CHAPTER 17.80 (SPECIAL USE STANDARDS) OF TITLE 17 (ADELANTO ZONING ORDINANCE)

TO AMEND THE PROCESS FOR CONSIDERING AND APPROVING LICENSES FOR

NON-STOREFRONT CANNABIS RETAIL (CITY ATTORNEY)
RECOMMENDATION: Staff recommends that the City Council:

1. Waive full reading and introduce the Proposed Ordinance by title only; and

2. Schedule the second reading of the Proposed Ordinance for the next regular City Council meeting.

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
City Attorney Tran presented the staff report.

Further discussion ensued.

Mayor Reyes opened public comment.

Mayor Reyes closed public comment.

MOTION: Moved by Mayor Meza, seconded by Mayor Reyes to Waive full reading and introduce the Proposed Ordinance by title only; and schedule the second reading of the Proposed Ordinance for the next regular City Council meeting.

Motion carried 3-2 (Meza, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Jeannette and Uptergrove voting no).

K. NEW BUSINESS
58 City Council Minutes
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March 22, 2023
5 1. APPROVE THE PURCHASE OF EQUIPMENT AND AUTHORIZE THE SAN BERNARDINO COUNTY SHERIFF’S DEPARTMENT TO HELP PREVENT CATALYTIC CONVERTER

THEFT IN THE CITY OF ADELANTO (FINANCE/SHERIFF)
RECOMMENDATION: It is recommended that the City of Adelanto approve the purchase of equipment and authorize the San Bernardino County Sheriff’s Department to put on workshops to prevent catalytic converter theft in the City of Adelanto.

Senior Accountant Despain presented the staff report.

The Sheriff's Department was available for questions.

Mayor Reyes opened public comment at 9:35.

Magda spoke about being in shock that there is no money being charged to the city. She shared she is in support of the item.

Mayor Reyes closed public comment at 9:36.

Further discussion ensued.

MOTION: Moved by Mayor Reyes seconded by Council Member Uptergrove to approve the purchase of equipment and authorize the San Bernardino County Sheriff’s Department to put on workshops to prevent catalytic converter theft in the City of Adelanto.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. CONTRACT WITH INFRASTRUCTURE ENGINEERS TO ASSUME AND COMPLETE THE ADELANTO 6TH CYCLE HOUSING ELEMENT UPDATE. (ANGEL)
RECOMMENDATION: Staff recommends City Council to:

1. Approve a contract with Infrastructure Engineers to assume and complete the Adelanto 6th Cycle Housing Element in the not-to-exceed amount of $60,000.00.

2. Authorize the City Manager to execute the Professional Contract Services Agreement.

Finance Director presented the staff report.

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

Mayor Reyes closed public comment at 9:45 p.m.
59 City Council Minutes
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6 MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to approve a contract with Infrastructure Engineers to assume and complete the Adelanto 6th Cycle Housing Element in the not-to-exceed amount of $60,000.00 and authorize the City Manager to execute the Professional Contract Services Agreement.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

3. RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION OF CHAPTER 5.84

TO THE ADELANTO MUNICIPAL CODE FOR A FOOD TRUCK ORDINANCE (CITY

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 set 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
City Attorney Kris presented the staff report.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to extend the meeting another 30 minutes.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Further discussion ensued.

Community Safety Officer Sanders from Code Enforcement spoke about the need for the restroom nearby.

Mayor Reyes opened public comment at 10:18 p.m.

Maribel about what Jerry said was true.

Magda shared that hot water is necessary as certain bacteria cold water will not kill. 60 City Council Minutes
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7 MOTION: Moved by Council Member Meza, seconded by Mayor Reyes to extend the meeting another 30 minutes.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Heather stated she did witness what Maribel was speaking about as well.

Mayor Reyes closed public comment at 10:28 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to 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 set penalties for violations pursuant to the Adelanto Municipal Code. It shall take effect thirty (30) days after passage.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

4. CONSIDERATION OF AMENDMENT NO.3 TO THE PROFESSIONAL

CONSULTANT SERVICES AGREEMENT WITH IDEATE CALIFORNIA TO

EXPAND THE SCOPE OF SERVICES, EXTEND THE CONTRACT TERM SIX MONTHS. (JULY 2023 (ANGEL)
RECOMMENDATION: Staff recommends that the City Council approve Amendment No. 3 to the Professional Consultant Services Agreement with IDEATE California to extend Section 3.1.2 Term on the attached Agreement for six (6) months with an increased compensation not-to-exceed thirty thousand dollars ($30,000). Consultant will continue the scope of services to include development of an Energy Master Plan, maintenance and expansion of the infrastructure including a water treatment plant and develop an Urban Forestry Master Plan. Consultant’s total compensation excludes authorized reimbursements.

Finance Director Castellanos presented the staff report.

Mayor Reyes opened public comment at 10:45 p.m.

Mayor Reyes closed public comment at 10:45 p.m.
61 City Council Minutes
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8 MOTION: Moved by Mayor Pro Tem Ramos seconded by Council Member Meza to approve Amendment No. 3 to the Professional Consultant Services Agreement with IDEATE California to extend Section 3.1.2 Term on the attached Agreement for six (6) months with an increased compensation not-to-exceed thirty thousand dollars ($30,000). Consultant will continue the scope of services to include development of an Energy Master Plan, maintenance and expansion of the infrastructure including a water treatment plant and develop an Urban Forestry Master Plan.

Consultant’s total compensation excludes authorized reimbursements.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

5. CONSIDERATION OF AMENDMENT NO.3 TO THE PROFESSIONAL

CONSULTANT SERVICES AGREEMENT WITH LOCAL EQUITY LLC TO EXTEND THE CONTRACT TERM SIX MONTHS (THROUGH AUGUST 31, 2023) AND INCREASE TOTAL COMPENSATION. . (CITY COUNCIL)
RECOMMENDATION: Staff Recommends the City Council approve Amendment No. 3 to the Professional Consultant Services Agreement with Local Equity LLC to extend Section 3.1.2 Term on the attached Agreement for six (6) months with an increased compensation of Sixty Thousand Dollars ($60,000).

Finance Director Castellanos presented the staff report.

Mayor Reyes opened public comment at 10:45 p.m.

Mayor Reyes closed public comment at 10:45 p.m.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Mayor Reyes to approve Amendment No. 3 to the Professional Consultant Services Agreement with Local Equity LLC to extend Section

3.1.2 Term on the attached Agreement for six (6) months with an increased compensation of Sixty Thousand Dollars ($60,000).

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

M. ITEMS REMOVED FROM THE AGENDA

4. Receive and file Community Safety Department Report
Jerry presented the staff report.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve item #4 from the consent calendar as presented.
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9 Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

N. FUTURE AGENDA ITEMS
Council Member Meza asked if the request to donate to the HD Queenz can be placed on the next agenda.

MOTION: Moved by Council Member Meza, seconded by Mayor Reyes to place the request to donate to the HD Queenz can be placed on the next agenda. the consent calendar as presented.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Council Member Jeannette requested the new senior center be placed on the agenda.

MOTION: Moved by Council Member Jeannette, seconded by Mayor Reyes to place the new senior center on the agenda for discussion.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Council Member Jeannette requested a plaque for Kevin Cane, Executive Director of VVTA.

MOTION: Moved by Council Member Jeannette, seconded by Mayor Reyes to have a plaque for Mr. Kevin Cane, Executive Director of VVTA.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Pro Tem Ramos asked for a senior / veteran spotlight item for discussion. 63 City Council Minutes
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10 MOTION: Moved by Mayor Pro Tem Ramos, seconded by Mayor Reyes to have a senior / veteran spotlight be brought to agenda for discussion.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Pro Tem Ramos asked for movies in the park to be brought back.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Mayor Reyes to bring back the movies in the park for discussion.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Pro Tem Ramos also asked for beautification and artwork on the walls starting with 395.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Mayor Reyes to bring back the beautification and artwork project for discussion.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes asked for an update on the water filter system, road projects, and the beautification ordinance.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to have the above items brought back at a future agenda date for discussion.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes asked for a discussion item regarding additional street lighting.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to have a discussion item regarding additional street lighting.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes asked for a plaque for the HD Queenz and also for Ryan Garcia .

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to have a presentation for a plaque for the HD Queenz and also for Ryan .

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
64 City Council Minutes
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11 O. ADJOURNMENT
The next Regular Meeting of the City Council will be held on April 12, 2023 at 7:00 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to adjourn the meeting at 11:07 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
65 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.
67 City Council Minutes
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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.
68 City Council Minutes
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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).
69 City Council Minutes
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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.
70 City Council Minutes
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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).
72 City Council Minutes
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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).
73 City Council Minutes
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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.
74 City Council Minutes
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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
76 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
May 10, 2023
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Regular Meeting on Wednesday May 10, 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 closed session at 6:00 p.m.

Council Members present: Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes.

B. DELETIONS / ADDITIONS TO AGENDA
C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette 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 PURSUANT TO GOVERNMENT CODE §54956.9(d)(1) – Brown v. City of Adelanto (San Bernardino County Superior Court Case No. SCBA2300240)

2. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4) (one potential matter)

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54954.5 (B) AND 54956.8:
77 City Council Minutes
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2 Property: 11600 Air Expressway, Adelanto, CA (APNs 045922104, 045922106) Agency Negotiators: Jessie Flores, City Manager; Paloma McEvoy, City Attorney; and Kristopher Daams, Assistant City Attorney
Negotiating Parties: Luis Salinas, Assistant Facilities Manager, State Assembly Under Negotiation: Price, terms, and conditions of potential lease of office space.

The City Attorney announced closed session items.

E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
None.

F. CONVENE INTO CLOSED SESSION
Mayor Reyes convened the meeting into a closed session.

G. CALL TO ORDER - REGULAR MEETING
Mayor Reyes called to order the regular meeting.

Council Members present: Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Meza
Flag Salute: Mayor Pro Tem Ramos
H. CLOSED SESSION REPORT
I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores spoke about the Washington DC trip.

J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
78 City Council Minutes
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3 Council Member Meza spoke about HD Queenz making it to 2nd place. He made several announcements regarding youth sports.

Council Member Uptergrove stated that they have a resident in Adelanto to receive a grant for music for the first time since it's been available for 3 years. She stated that Saturday at New Leaf Ministries there will host free clothing for those in need. She congratulated those students with perfect attendance.

Council Member Jeannette thanked everyone for allowing her to be part of the VVTA Board of Directors. She spoke about different classes she has attended and various events.

Mayor Pro Tem Ramos thanked Jeannette for all that she does for the community. He spoke about the paving happening at the shopping center. He spoke about various events he has attended including classes at the various conferences. He thanked the city manager for the Washington DC trip.

Mayor Reyes spoke about the DC trip being a busy time. He spoke about the city website and the Mobile app. He stated the job fair that took place on April 26th was great.

K. PRESENTATIONS
None.

L. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment.

Lindsay spoke about the need for stop signs at Stevens and Air Expressway.

Magda spoke about food trucks becoming restaurants.

Stella spoke about a shooting that happened at her home.

Laura Villa congratulated the council on the trip to Washington.

Mayor Reyes closed public comment at 8:00 p.m.

M. CONSENT CALENDAR

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 item #2 being pulled for discussion by Jeannette. 79 City Council Minutes
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4 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. Receive and File Burrtec Annual Report.

4. Approval of 2nd reading of Ordinance No. 640 entitled:

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’.

5. Approval of 2nd Reading of Ordinance No, 641 entitled:

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

6. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 22/23-10-02 - 148509 through148624 in the total amount $2,447,122,33.
b. Approval of City of Adelanto EFT No. N/A
Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

N. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

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

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) 80 City Council Minutes
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5 of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

2. Receive and File Water Department Report.

3. Receive and File Sewer Department Report.

4. Consideration of Agreements for the Lease and Transfer of Water Rights and Make-Up Obligation to the Mojave Basin Area WaterMaster.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

O. PUBLIC HEARING

1. PUBLIC HEARING– CITY OF ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, ANNEXATION OF SENECA POINTE III-TRACT 20401 (2023-030) (SABA/WILLDAN)
RECOMMENDATION: Staff recommends that the City Council take the next and final steps to complete the annexation process for Tract 20401.

It is requested that the City Council open the Public Hearing regarding the annexation of Tract 20401 to the District and the proposed assessments in order to accept public testimony and any written protests regarding these proceedings. Upon conclusion of the public testimony, the Mayor will close the Public Hearing and direct the City Clerk or their designee to open and tabulate the ballots received, which may take a few minutes. Upon completion of the tabulation, the City Clerk will present to the City Council the results of that tabulation which will be in the form of total dollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the assessments (“No” votes); and as a matter of procedure, the City Council would then adopt the first of two resolutions which formally declares the results of protest ballot proceedings. Based on the weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a majority protest of the proposed assessments, and the City Council will abandon any further proceedings at this time to annex this Annexation Territory to the District or to levy the annual assessments. If majority protest does not exist, it is requested that the City Council adopt the second resolution which formally annexes Tract 20401 to the District, confirms the Assessment Diagram and assessments outlined in the Engineer’s Report, and orders the levy and collection of the assessments for the Annexation Territory to be collected on the County tax rolls for Fiscal Year 2023/2024 as identified in the Engineer’s Report.

1. CONDUCT THE PUBLIC HEARING REGARDING THE ANNEXATION OF TRACT 20401 TO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO.

2. AFTER RECEIVING ALL TESTIMONY, CLOSE THE PUBLIC HEARING AND 81 City Council Minutes
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6 DIRECT CITY CLERK OR THEIR DESIGNEE TO TABULATE THE BALLOTS RETURNED.

3. UPON COMPLETION OF THE BALLOT TABULATION ADOPT THE FOLLOWING RESOLUTION.

RESOLUTION NO. 23-29

DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT

PROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF SENECA POINTE III-TRACT 20401 TO THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, COMMENCING IN FISCAL YEAR 2023/2024.

4. IF MAJORITY PROTEST DOES NOT EXIST, ADOPT THE FOLLOWING RESOLUTION (Otherwise no further action is required).

RESOLUTION NO. 23-30

CONFIRMING THE ANNEXATION OF PARCELS WITHIN SENECA POINTE III-TRACT 20401 TO THE ADELANTO LANDSCAPE 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 2023/2024.

Contracted Engineer Saba presented the staff report.

Senior Accountant Despain was available to explain what this means.

Item #1 and #2 were combined for approval.

City Clerk Lopez opened the ballots and they were both in favor of the assessment which is $107.00.

MOTION: Moved by Mayor Reyes seconded by Mayor Pro Tem Ramos to adopt Resolutions: 23- 29, 23-30, 23-31, and 23-32.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. PUBLIC HEARING – CITY OF ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, ANNEXATION OF SENECA POINTE III-TRACT 20401 (2023-030). (SABA/WILLDAN)
RECOMMENDATION: Staff recommends that the City Council take the next and final steps to complete the annexation process for Tract 20401.

It is requested that the City Council open the Public Hearing regarding the annexation of Tract 20401 to the District and the proposed assessments in order to accept public testimony and any 82 City Council Minutes
Regular Meeting
May 10, 2023
7 written protests regarding these proceedings. Upon conclusion of the public testimony, the Mayor will close the Public Hearing and direct the City Clerk or their designee to open and tabulate the ballots received, which may take a few minutes. Upon completion of the tabulation, the City Clerk will present to the City Council the results of that tabulation which will be in the form of total dollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the assessments (“No” votes); and as a matter of procedure, the City Council would then adopt the first of two resolutions which formally declares the results of protest ballot proceedings. Based on the weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a majority protest of the proposed assessments, and the City Council will abandon any further proceedings at this time to annex this Annexation Territory to the District or to levy the annual assessments. If majority protest does not exist, it is requested that the City Council adopt the second resolution which formally annexes Tract 20401 to the District, confirms the Assessment Diagram and assessments outlined in the Engineer’s Report, and orders the levy and collection of the assessments for the Annexation Territory to be collected on the County tax rolls for Fiscal Year 2023/2024 as identified in the Engineer’s Report.

1. CONDUCT THE PUBLIC HEARING REGARDING THE ANNEXATION OF TRACT 20401 TO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1.

2. AFTER RECEIVING ALL TESTIMONY, CLOSE THE PUBLIC HEARING AND

DIRECT CITY CLERK OR THEIR DESIGNEE TO TABULATE THE BALLOTS RETURNED.

3. UPON COMPLETION OF THE BALLOT TABULATION ADOPT THE
FOLLOWING RESOLUTION.

RESOLUTION NO. 23-31

DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT

PROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF SENECA POINTE III-TRACT 20401 TO THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, COMMENCING IN FISCAL YEAR 2023/2024.

4. IF MAJORITY PROTEST DOES NOT EXIST, ADOPT THE FOLLOWING RESOLUTION (Otherwise no further action is required).

RESOLUTION NO. 23-32

CONFIRMING THE ANNEXATION OF PARCELS WITHIN SENECA POINTE III-TRACT 20401 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 2023/2024.

Contracted Engineer Saba presented the staff report.
83 City Council Minutes
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8 Senior Acciuntant Despain was available to explain what this means.

Item #1 and #2 were combined for approval.

Mayor Reyes opened public comment.

Mayor Reyes closed public comment.

City Clerk Lopez opened the ballots and they were both in favor of the assessment which is $107.00.

MOTION: Moved by Mayor Reyes seconded by Mayor Pro Tem Ramos to adopt Resolutions: 23- 29, 23-30, 23-31, and 23-32.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

3. PUBLIC HEARING – CITY OF ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, ANNEXATION OF SENECA POINTE III-TRACT 20504 (2023-029) (SABA/WILLDAN)
RECOMMENDATION Staff recommends that the City Council take the next and final steps to complete the annexation process for Tract 20504.

It is requested that the City Council open the Public Hearing regarding the annexation of Tract 20504 to the District and the proposed assessments in order to accept public testimony and any written protests regarding these proceedings. Upon conclusion of the public testimony, the Mayor will close the Public Hearing and direct the City Clerk or their designee to open and tabulate the ballots received, which may take a few minutes. Upon completion of the tabulation, the City Clerk will present to the City Council the results of that tabulation which will be in the form of total dollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the assessments (“No” votes); and as a matter of procedure, the City Council would then adopt the first of two resolutions which formally declares the results of protest ballot proceedings. Based on the weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a majority protest of the proposed assessments, and the City Council will abandon any further proceedings at this time to annex this Annexation Territory to the District or to levy the annual assessments. If majority protest does not exist, it is requested that the City Council adopt the second resolution which formally annexes Tract 20504 to the District, confirms the Assessment Diagram and assessments outlined in the Engineer’s Report, and orders the levy and collection of the assessments for the Annexation Territory to be collected on the County tax rolls for Fiscal Year 2023/2024 as identified in the Engineer’s Report.

1. CONDUCT THE PUBLIC HEARING REGARDING THE ANNEXATION OF TRACT 20504 TO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1. 84 City Council Minutes
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9 2. AFTER RECEIVING ALL TESTIMONY, CLOSE THE PUBLIC HEARING AND

DIRECT CITY CLERK OR THEIR DESIGNEE TO TABULATE THE BALLOTS RETURNED.

3. UPON COMPLETION OF THE BALLOT TABULATION ADOPT THE FOLLOWING RESOLUTION.

RESOLUTION NO.23-33

DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT

PROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF SENECA POINTE III-TRACT 20504 TO THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, COMMENCING IN FISCAL YEAR 2023/2024.

4. IF MAJORITY PROTEST DOES NOT EXIST, ADOPT THE FOLLOWING RESOLUTION (Otherwise no further action is required).

RESOLUTION NO. 23-34
CONFIRMING THE ANNEXATION OF PARCELS WITHIN SENECA POINTE IIITRACT 20504 TO THE ADELANTO LANDSCAPE 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 2023/2024.

Contacted Engineer Saba presented the staff report.

Mayor Reyes opened public comment at 8:10 p.m.

Mayor Reyes closed public comment at 8:11 p.m.

Residents sent mailed ballots in March, but the city did not receive them but stated they approved the item.

MOTION: Moved by Mayor Reyes seconded by Council Member Jeannette to adopt Resolutions:
23-33 and 23-34.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
85 City Council Minutes
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10 4. PUBLIC HEARING – CITY OF ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, ANNEXATION OF ADELANTO POINTE-TRACT 20504 (2023-029) (SABA/WILLDAN)
RECOMMENDATION Staff recommends that the City Council take the next and final steps to complete the annexation process for Tract 20504.

It is requested that the City Council open the Public Hearing regarding the annexation of Tract 20504 to the District and the proposed assessments in order to accept public testimony and any written protests regarding these proceedings. Upon conclusion of the public testimony, the Mayor will close the Public Hearing and direct the City Clerk or their designee to open and tabulate the ballots received, which may take a few minutes. Upon completion of the tabulation, the City Clerk will present to the City Council the results of that tabulation which will be in the form of total dollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the assessments (“No” votes); and as a matter of procedure, the City Council would then adopt the first of two resolutions which formally declares the results of protest ballot proceedings. Based on the weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a majority protest of the proposed assessments, and the City Council will abandon any further proceedings at this time to annex this Annexation Territory to the District or to levy the annual assessments. If majority protest does not exist, it is requested that the City Council adopt the second resolution which formally annexes Tract 20504 to the District, confirms the Assessment Diagram and assessments outlined in the Engineer’s Report, and orders the levy and collection of the assessments for the Annexation Territory to be collected on the County tax rolls for Fiscal Year 2023/2024 as identified in the Engineer’s Report.

1. CONDUCT THE PUBLIC HEARING REGARDING THE ANNEXATION OF TRACT 20504 TO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1.

2. AFTER RECEIVING ALL TESTIMONY, CLOSE THE PUBLIC HEARING AND

DIRECT CITY CLERK OR THEIR DESIGNEE TO TABULATE THE BALLOTS RETURNED.

3. UPON COMPLETION OF THE BALLOT TABULATION ADOPT THE
FOLLOWING RESOLUTION.

RESOLUTION NO.23-35

DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT

PROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF ADELANTO POINTE-TRACT 20504 TO THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, COMMENCING IN FISCAL YEAR 2023/2024.
86 City Council Minutes
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11 4. IF MAJORITY PROTEST DOES NOT EXIST, ADOPT THE FOLLOWING RESOLUTION (Otherwise no further action is required).

RESOLUTION NO. 23-36

CONFIRMING THE ANNEXATION OF PARCELS WITHIN ADELANTO POINTE- TRACT 20504 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 2023/2024.

Contracted Engineer Saba presented the staff report.

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

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

Residents sent mailed ballots in March, but the city did not receive them but stated they approved the item.

MOTION: Moved by Mayor Reyes seconded by Council Member Meza to adopt Resolutions: 23- 35 and 23-36.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

O. NEW BUSINESS

1. CONSIDERATION OF AMENDMENT NO.3 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH THE TAIT GROUP INC. TO EXTEND THE CONTRACT TERM SIX MONTHS (SEPTEMBER 30, 2023) AND INCREASE COMPENSATION. (ANGEL) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 3 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).

Finance Director Castellanos presented the staff report.

Mayor Reyes opened public comment at 8:18 p.m.

Magda spoke about not being happy with CALTRANS and not progressing.

Mayor Reyes closed public comment at 8:20 p.m.

MOTION: Moved by Mayor Reyes seconded by Mayor Pro Tem Ramos to approve Amendment 87 City Council Minutes
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12 No. 3 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).

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. PROFESSIONAL SERVICE AGREEMENT FOR UPDATING CITY OF ADELANTO WATER MODELS. (SABA)
RECOMMENDATION: Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Albert A. WEBB Associates in the amount of $109,770 for updating City of Adelanto Water Models authorizing project contingency in the amount of $22,000 for the design services, authorizing City Manager or designee to expend the contingency fund, if necessary to complete the project and authorize the City Manager to sign the agreement on behalf of the City Council.

Contracted Engineer Saba presented the staff report.

Further discussion ensued.

Mayor Reyes opened public comment at 8:24 p.m.

Magda spoke about the amount of water in the water fund but yet the residents are still dealing with dirty water.

Mayor Reyes closed public comment at 8:25 p.m.

MOTION: Moved by Council Member Meza seconded by Council Member Uptergrove to approve the award of a Professional Service Agreement (PSA) with Albert A. WEBB Associates in the amount of $109,770 for updating City of Adelanto Water Models authorizing project contingency in the amount of $22,000 for the design services, authorizing City Manager or designee to expend the contingency fund, if necessary to complete the project and authorize the City Manager to sign the agreement on behalf of the City Council.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

3. APPROVE CONSTRUCTION CONTRACT AWARD TO HIGH DESERT UNDERGROUNDING INC. FOR EMERGENCY WORK AT AUBURN AVENUE (SABA)
RECOMMENDATION: Staff recommends award of construction contract to the lowest bidder, High Desert Underground, Inc. in the amount of $105,308.98 to provide emergency work at Auburn Avenue.

Contracted Engineer Saba presented the staff report.
88 City Council Minutes
Regular Meeting
May 10, 2023
13 Further discussion ensued.

Mayor Reyes opened public comment at 8:34 p.m.

Magda spoke about the Saba being amazing and doing outstanding work.

Mayor Reyes closed public comment at 8:34 p.m.

MOTION: Moved by Council Member Meza seconded by Mayor Pro Tem Ramos to award a construction contract to the lowest bidder, High Desert Underground, Inc. in the amount of $105,308.98 to provide emergency work at Auburn Avenue.

Motion carried 4-1 (Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Jeannette voting no).

P. ITEMS REMOVED FROM THE CONSENT CALENDAR

2. Receive and file Business License Department Report.

Council Member Jeannette asked questions regarding business licenses.

City Clerk Lopez answered Council Member Jeannette’s question.

MOTION: Moved by Mayor Ramos, seconded by Mayor Pro Tem Ramos to approve item #2 as presented.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Q. FUTURE AGENDA ITEMS
Council Member Meza thanked code enforcement for making some noise for the city and enforcing what they should be. Meza spoke about getting the Buckeye Resolution for the City of Adelanto for illegal dumping. He also asked for a fee study for parks so that the money can go towards keeping up park maintenance.

MOTION: Moved by Council Member Meza, seconded by Mayor Reyes to approve the above items.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Uptergrove spoke about being eager to start up the youth council. 89 City Council Minutes
Regular Meeting
May 10, 2023
14 MOTION: Moved by Council Member Uptergrove, seconded by Mayor Pro Tem Ramos to approve the above item.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Council Member Jeannette spoke about seeing a presentation on a no kill shelter.

MOTION: Moved by Council Member Jeannette, seconded by Mayor Reyes to approve the above item.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Pro Tem Ramos spoke about the movies in the park dates and also the utility box art program.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Mayor Reyes to approve the above items.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes spoke congratulating Dr. Jackson and the BSU program for stepping up. He asked for a meeting with HDL. He asked for an update on the food truck ordinance and when it will be enforced.

MOTION: Moved by Council Meza, seconded by Mayor Reyes to approve the above items.

Motion carried 5-0 (Jeannette, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

R. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment.

Maribel, a Spanish speaking citizen, spoke about when the city would be enforcing the food truck ordinance.

Mayor Reyes read a public comment into the record regarding students who showed up at city hall for a Q&A and there were not any council members present.

Mayor Reyes closed public comment.
90 City Council Minutes
Regular Meeting
May 10, 2023
15 S. ADJOURNMENT
The next Regular Meeting of the City Council will be held on May 24, 2023 at 7:00 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to adjourn the meeting at 9:06 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
91 CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk
SUBJECT: MONTHLY COMMERCIAL & RESIDENTIAL SOLID WASTE AND

RECYCLING REPORT
STAFF RECOMMENDATION:

Receive and file.

ATTACHMENTS:

1. Burrtec’s Monthly Commercial and residential Solid Waste and Recycling Report 92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107

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: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Human Resources
SUBJECT: ADOPT THE STATE MANDATED INJURY AND ILLNESS PREVENTION PROGRAM.

RECOMMENDATION:

That the City Council adopt the State mandated Injury and illness Prevention Program.

DISSCUSSION:

Cal/OSHA requires that every employer establish, implement, and maintain an effective Injury and Illness Prevention Program (IIPP). This IIPP identifies requirements, procedures, and guidelines designed to protect City of Adelanto employees through identification and control of workplace hazards to prevent the occurrence of injuries, illnesses, and other incidents. The City of Adelanto is committed to protecting the city employees from workplace injuries and illness. The adoption of this program by the City Council complies with state requirements and reinforces this commitment.

AUTHORITY:

The California Code of Regulations (Title 8) requires employers to comply with the Injury and Illness Prevention Program (IIPP) requirements in accordance with the applicable Title 8 (CCR 8) Section 3203 General Industry Safety Orders
PREPARED BY:

Human Resources Department
108

INJURY, ILLNESS, PREVENTION
PROGRM
IIPP
FEBRUARY 28, 2024

CITY OF ADELANTO
11600 AIR EXPRESSWAY, ADELANTO CA. 92301
109

TABLE OF CONTENTS

1.0 Employer Information: 2

2.0 Scope: 2

3.0 Safety Program Responsibilities: 3

3.1 Employee safety responsibilities include: 3

3.2 Supervisory safety responsibilities include: 3

3.3 Managerial safety responsibilities include: 3

3.4 Safety Program Administrator responsibilities include: 3

3.5 Safety Program Administrator or designee 3

4.0 Safety Program Communication: 4

4.1 Initial Training: 4

4.2 Safety Meetings: 4

4.3 Employee Suggestions: 4

4.4 Written Communications: 5

5.0 Safety Program Compliance: 5

5.1 Disciplinary Action: 5

5.2 Accountability Program: 5

6.0 Identification, Evaluation & Prevention of Occupational Safet& Health Hazards: 6

6.1 Job Hazard Analysis: 6

6.2 Site Safety Inspections: 6

6.3 Hazard Information: 6

6.4 Equipment Inspections: 6

6.5 Insurance Company Inspections and Surveys: 6

6.6 Chemical / Equipment / Procedure review and approval: 6

7.0 Accident Investigation: 7

7.1 Reporting: 7

7.2 Investigation: 7

8.0 Correcting Unsafe or Unhealthy Conditions: 8

8.1 Emergency Evacuation: 8

9.0 Safety Training: 9

9.1 New Hire Orientation: 9

9.2 Contract Employees: 9

9.3 Supervisor Training: 9

10.0 Safety Committee: 10

11.0 Safety Program Recordkeeping: 11

12.0 Documentation: 12
110

CITY OF ADELANTO

INJURY AND ILLNESS PREVENTION PROGRAM

1.0 Employer Information:

CITY OF ADELANTO
11600 Air Expressway
Adelanto, CA 92301

2.0 Scope:

General Industry Safety Orders Section 3203 requires all employers to develop and implement an effective Injury and Illness Prevention Program. Specific elements of a safety program are required to be included in our program. Currently violations of any Cal-OSHA regulations may result in citations with a monetary penalty.

The success of any safety program depends on the safety consciousness and cooperation of everyone in the organization.

The city makes all reasonable efforts to:
• Protect the health and safety of employees and the public. • Provide safe workplaces.
• Provide information to employees about health and safety hazards. • Identify and correct health and safety hazards and encourage employees to report hazards; and, • Provide information and safeguards for employees regarding hazards arising from operations at the City.

The City has established this written Injury and Illness Prevention Program (IIPP) in accordance with Title 8, California Code of Regulations, Section 3203, of the General Industry Safety Orders.

This IIPP includes the following elements:
•Responsibility and Authority – identification of the person(s) responsible for implementing the IIPP.
•Compliance – a system to ensure employees comply with safe and healthful work practices; •Communication – a system for communicating occupational safety and health to employees; •Hazard Assessment – a system to identify and evaluate workplace hazards, including periodic inspections;
•Accident Investigation – a process to investigate workplace injuries and illnesses. •Hazard Correction – a process to ensure timely correction of unsafe and unhealthful conditions and work practices.
•Training and Instruction – a process to ensure all employees receive training and instruction on general and job-specific safety and health practices; and •Record Keeping – a retention policy for IIPP-related records.

Employees at all levels are expected to assist the city in the prevention of workplace accidents and injuries and to follow all safety and health rules. It is the duty of each employee to adhere to all safety rules and to report any potential safety hazards to his or her supervisor immediately. 111
Employees at all levels are expected to assist the city in the prevention of workplace accidents and injuries and to follow all safety and health rules. It is the duty of each employee to adhere to all safety rules and to report any potential safety hazards to his or her supervisor immediately.

3.0 Safety Program Responsibilities:

The Human Resources Manager for the City of Adelanto is designated Safety Program Administrator for the City. The Public Works Manager for the Department of Public Works is designated as the Safety Program Administrator for the Public Works Department. Under the City’s Safety Program, all levels in the organization have a responsibility for safety.

3.1 Employee safety responsibilities include:

Familiarizing themselves and complying with the Code of Safe Practices (Appendix B), specific work procedures, safe workplace practices, and rules as they apply to their work activity.

Attending training sessions as scheduled.

Reporting all injuries and near miss incidents.

Reporting unsafe conditions to their supervisor.

3.2 Supervisory safety responsibilities include:

Familiarizing themselves and complying with the Code of Safe Practices, safe workplace practices, specific work procedures, and rules as they apply to their area of authority.

Attending training sessions as scheduled.

Ensuring that employees and sub-contractors under their direction are aware of and comply with the Code of Safe Practices, safe work place practices, specific work procedures, and rules as they apply.

Disciplining employees, per the City’s disciplinary action policy, for violations of the Code of Safe Practices, safe workplace practices, specific work procedures, or rules as they apply.

Correcting any unsafe conditions or work practices observed during a site safety inspection in a timely manner.

Preparing a Job Safety Analysis for specific jobs and reviewing it with management and employees.

3.3 Managerial safety responsibilities include:

Familiarizing themselves and complying with the Code of Safe Practices, safe workplace practices, specific work procedures, and rules as they apply to their area of authority.

Attending training sessions as scheduled.
112
Ensuring that employees and contractors are aware of and comply with the Code of Safe Practices, safe workplace practices, specific work procedures, rules, and Cal-OSHA regulations.

Disciplining employees, per the City’s disciplinary action policy, for violations of the Code of Safe Practices, safe workplace practices, specific work procedures, or rules as they apply.

Correcting in a timely manner any unsafe conditions or work practices observed during a site safety inspection.

3.4 Safety Program Administrator responsibilities include:

Developing, distributing and updating the Safety Policies and Procedures Manual.

Ensuring safety training, as required by Safety Policies and Procedures has been conducted.

Conducting audits of City safety programs to evaluate compliance with Cal-OSHA requirements.

Reporting to City Management regarding safety compliance status, new or upcoming regulations and other safety issues that require their attention.

Assisting in reviewing new chemicals and/or equipment as required.

Reviewing accident investigations in a timely manner, ensuring that all aspects of the incident are documented and implementing corrective actions to prevent recurrence.

3.5 Safety Program Administrator responsibilities or designee include:

Conducting Site Safety Inspections.

Conducting and documenting safety meetings and training with employees.

Reviewing accident investigations in a timely manner, ensuring that all aspects of the incident are documented and implementing corrective actions to prevent recurrence.

4.0 Safety Program Communication:

4.1 Initial Training:

Upon implementation all employees will have this program reviewed with them. The program will be reviewed as an element of the employee orientations and for contract employees working under the City’s direction and control.

4.2 Safety Meetings:

The Safety Program Administrator or designee will conduct meetings. All meetings will include information on the following subjects as applicable.
113
• Review of Code of Safe Practices, policies, or procedures. • On-the-Job or off-the-Job safety information.
• Feedback from employees on hazards, safety suggestions, or concerns. • Review of previous accidents, causes, and corrective actions. • Recognition for compliance, good safety performance, or attitude.

Attendance at the safety meeting is considered a part of every employee’s job duties. All meetings will be documented in writing with the date, safety topic, discussion items, video, and employee signature included. The Safety Program Administrator will retain completed safety meeting documentation forms.

Safety meetings will be conducted as follows:

Administrative – Quarterly
Field Staff – Bi-Weekly

4.3 Employee Suggestions:

Employees will be afforded an opportunity to make safety suggestions and or express their concerns. This opportunity will be by means of an employee safety suggestion box, or the City has established a safety email hotline, where employees can make suggestions or file complaints at safetyconcerns@CITY OF ADELANTO.COM. Employee suggestions may be made anonymously but in no case shall an employee be disciplined, demoted, or otherwise discriminated against for making a suggestion. Response to suggestions will be documented on the suggestion form and the employee notified as to the outcome. Anonymous suggestions will be considered as seriously as non-anonymous suggestions; responses shall also be documented on the suggestion form and posted for all employees to review. Suggestions may be made to the Safety Program Administrator, Supervisor, or Human Resources.

4.4 Written Communications:

A regular area where written safety communications will be posted shall be established (employee bulletin boards). Postings will contain information on: on-the-job or off-the-job safety topic, changes in safety procedures, accident causes, employee safety suggestions, or other information as appropriate.

5.0 Safety Program Compliance:

5.1 Disciplinary Action:

The City’s policy states that non-compliance and or willful violation of the Code of Safe Practices, safe workplace practices, specific work procedures, or rules will result in disciplinary action up to and including 114
termination. Disciplinary action will be administered and documented per the City’s Rules and Regulations.

5.2 Accountability Program:

Central to maintaining safety program compliance is establishing accountability for safety. The City has identified specific safety activities that managers and supervisors are responsible for. These activities include conducting safety meetings, observation audits, and attendance at training sessions. Performance in these and additional safety activities will be maintained and included for discussion and appropriate action during the annual performance appraisal review.

6.0 Identification, Evaluation and Prevention of Occupational Safety and Health Hazards:

6.1 Job Hazard Analysis:

Departments shall develop a Job Hazard Analysis for work related activities. The employee and the supervisor can complete the Job Hazard Analysis as work activities are developed. Upon completion of the Job Hazard Analysis, it is to be reviewed with the Safety Program Administrator.

The Job Hazard Analysis will be reviewed with affected employees, including a discussion of hazards, safety equipment required, procedures, and practices to eliminate or reduce hazards and special training requirements.

The Job Hazard Analysis will be maintained on file by the Department that generates it and the Safety Program Administrator or designee for documentation purposes.

6.2 Site Safety Inspections:

The Safety Program Administrator or designee will conduct a formal, documented site safety inspection quarterly. This inspection shall be documented on the Site Inspection Form (Appendix C). The inspection will include an evaluation of work areas, machine guarding, exits, fire extinguishers, eyewashes, housekeeping, and other specific Cal-OSHA requirements.

Correction of unsafe conditions will be documented on the inspection form and the form shall be maintained on file by the Safety Program Administrator.

It will be the responsibility of the Department Manager to:
• Monitor progress on corrective actions that remain to be completed and conduct follow-up survey to verify completion of corrective actions as required.
• Inform employees and Management of any serious finding or incomplete corrective action that may pose a serious injury risk to employees, the public, or the environment in general. 115

6.3 Hazard Information:

Information as to job or site hazards will be extracted from accident investigations and site safety inspection /audits. This information will be used to improve training programs, safety meetings, and improve employee safety etc.

This IIPP is not intended to cover all safety procedures at the City. The City has developed specific programs that may be found within each applicable department. These programs include, but are not limited to:
• Asbestos Management
• Codes of Safe Practices (or Standard Operating Procedures) • Concrete Dust Generating Operations
• Confined Spaces
• Emergency Action Plan
• Emergency Operations Center (SIMS/NEMS)
• Ergonomics
• Excavation and Trenching
• Exposure Control for Bloodborne Pathogens
• Fall Protection
• Hazard Communication Program
• Hazardous Waste Management
• Hearing Conservation
• Heat Illness Prevention
• Hot Work (cutting, welding & brazing)
• Lockout/Tagout
• Personal Protective Equipment Policy
• Respiratory Protection
• Workplace Violence
• COVID -19

6.4 Equipment Inspections:

Material handling equipment such as forklifts, hoists, or other equipment will be inspected and maintained per the legal requirements. It will be the responsibility of the employee using the equipment to ensure these inspections are conducted and documented.

6.5 Insurance Company Inspections and Surveys:

The City’s workers’ compensation and property insurance carrier may conduct surveys of City sites from time to time. The findings of these inspections are submitted to the City in writing along with recommendations for corrective action. Findings and recommendations will be submitted in writing and will be tracked until fully implemented.

6.6 Chemical / Equipment / Procedure review and approval:

Chemicals, equipment, and procedures not currently in use or operation must be reviewed and approved by the Safety Program Administrator or designee prior to their being purchased and or implemented. The purchasing department shall not purchase non-approved chemicals or equipment. Replacement in kind is not considered as a “new” chemical / equipment / procedure. 116

7.0 Accident Investigation:

7.1 Reporting:

Employees will report all accidents, industrial injuries, illnesses, or incidents that could have resulted in an injury, illness, or property damage (near miss incidents) to their supervisor immediately. In the event that the supervisor is unavailable, accidents or injuries shall be reported to the Department Manager or Human Resources.

7.2 Investigation:

After ensuring the injured employee has received appropriate medical treatment, the Safety Program Administrator or designee shall conduct an accident investigation. The investigation shall include the factual details surrounding the event (who, what, when, where, witnesses, etc.), the probable cause of the event and corrective actions to prevent a recurrence of the incident. The investigation shall be documented on the City’s Accident Report Form (Appendix D).

Human Resources will forward the completed report to the Department Manager for review and concurrence. The Safety Program Administrator or designee shall retain a copy of the Accident Investigation and Notice of Injury.

The Safety Program Administrator or designee will review the report and follow-up with the supervisor to ensure that the corrective actions have been implemented.

Within 24 hours of the incident the Safety Program Administrator or his designee will provide the injured employee with the "Notice of Injury" form and document it.

The Safety Program Administrator or his designee shall complete the "Employer’s First Report of Injury" and send it to the workers’ compensation carrier if required.

8.0 Correcting Unsafe or Unhealthy Conditions:

Methods of correcting unsafe or unhealthy conditions will vary depending upon the degree of hazard and control of the work site. Minor hazardous situations, such as housekeeping, storage, or other items shall be corrected without additional documentation. Hazardous conditions of a more serious nature will require a work order/request, work to be stopped, or the equipment tagged and taken out of service until the proper corrective action can be taken. Hazards of an imminent nature will require emergency notifications and evacuation.

8.1 Emergency Evacuation:

Should an emergency situation arise which creates an imminent hazard, which cannot be immediately abated, all employees will be evacuated from the facility to a safe location until the situation is corrected.

The evacuation will be carried out per the site's evacuation procedures. 117

9.0 Safety Training:

9.1 New Hire Orientation:

Prior to reporting for work all employees will receive a City and a Job Safety Orientation.

The City Orientation will include training on:

Code of Safe Practices
Injury / Incident Reporting
Employee Access to Medical / Exposure Information
Hazard Communication and Chemical Safety
Review of the Illness and Injury Prevention Program
Emergency Response / Evacuation Duties
The Job Orientation will include training on:

Specific Chemicals and Handling Procedures used as part of the job Use of Equipment as Required
Additional specialized training will be conducted as necessary. This may include:

Forklift / Man lift Operator Certification
Respiratory Refresher and Fit Test
Confined Space Entry
Hearing Conservation
Ergonomics

9.2 Contract Employees:

Who are under the direction and control of a City employee will attend the job safety orientation and safety meetings. They will receive any specialized training as required by their job assignment, as would an employee.

9.3 Supervisor Training:

Supervisors will attend scheduled training sessions designed to familiarize them with the safety and health hazards to which their employees are exposed and to assist them in implementing the Safety Program.

10.0 Safety Committee:

The City has established a safety committee made up of employees, supervisors, managers, and other representatives as appropriate. This committee shall meet at least quarterly and maintain written minutes.

The minutes shall be posted for all employees to review. The purpose of this committee is to review action items from internal/external inspections, safety activity performance, create new or revised safety policies or procedures, accident investigations, new equipment, recognition program and other items relating to our Safety Program.

Along with implementing the program, the safety committee members will, at a minimum, be responsible for the following:
118

1. Attend safety committee meetings.

2. Disseminate safety-related information to their supervisors so that each department is aware of upcoming training, inspection findings, reporting hazards and corrective actions.

3. Relate any safety concerns within their department to the safety committee for remediation and/or compliance. Report any unsafe conditions to their supervisor.

4. Support good housekeeping standards and cleanliness at the City.

5. Report to the safety committee any safety suggestion or hazardous condition brought to their attention.

6. Evaluate causes of injuries and what actions need to be taken to protect other employees.

7. Recognize employee(s) who contribute to the safety programs and/or effect positive change through safety suggestions, observations and recommendations for improvement.

11.0 Safety Program Record Keeping:

The Safety Program Administrator or designee shall maintain program documentation.

Safety program documentation will include copies of:

Accident Reports
OSHA Log
Insurance Company Surveys and Recommendations
Site Inspections
Accident Reports
Employee Training Records
Completed Safety Meetings

12.0 Documentation:

12.1 Training documentation shall include the employee's name, training date, type of training, instructor’s name, and an outline of what was presented. This documentation will be maintained for at least 3 years.

12.2 Records of surveys will include the date of the survey, area surveyed, survey findings, and who conducted the survey. These records will be maintained for 3 years.

12.3 Copies of insurance company surveys and all other records will be maintained for three years.

12.4 Medical and exposure records will be maintained per legal requirements. 119

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Surplus Property Pursuant to AB 1486 – APN 3128-221-26 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 3128-221-26 as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 3128-221-26 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 16.11 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for mixed use (MU).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of Surplus Land. To proceed with an eventual disposition of the Property, the City Council must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus Land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is Surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is Surplus property. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:
120

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to local school districts.

4. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City Council is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-10
Exhibit 2 – Map Showing Location of Parcel
121
Resolution 24-10
RESOLUTION NO. 24-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3128-221-26 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 3128-221-26 (“Property”); and WHEREAS, the Property is zoned for mixed use (MU) and is approximately 16.11 acres; and
WHEREAS, the Property is currently vacant and does not generate any lease, rental, or other revenues; and
WHEREAS, the Property is not intended for a governmental use; and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the 122
RESOLUTION NO. 24-10
February 28, 2024

Page 2 ends

Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
123
RESOLUTION NO. 24-10
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-10 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the ____day of February 2024.
___________________________________
Brenda Lopez
City Clerk
124
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CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Surplus Property Pursuant to AB 1486 – APN 0459-354-08 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 0459-354-08 as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 0459-354-08 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 3.0 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for mixed use (MU).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of surplus land. To proceed with an eventual disposition of the Property, the City must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is surplus property. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:
126

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to local school districts.

4. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-11
Exhibit 2 – Map Showing Location of Parcel
127
Resolution 24-11
RESOLUTION NO. 24-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-354-08 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 0459-354-08 (“Property”); and WHEREAS, the Property is zoned for mixed use (MU) and is approximately 3.0 acres; and
WHEREAS, the Property is currently vacant and does not generate any lease, rental, or other revenues; and
WHEREAS, the Property is not intended for a governmental use; and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the 128
RESOLUTION NO. 24-11
February 28, 2024

Page 2 ends

Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
129
RESOLUTION NO. 24-11
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-11 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
130
131

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Surplus Property Pursuant to AB 1486 – APN 0459-441-45 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 0459-441-45as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 0459-441-45(“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 2.0 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for manufacturing/industrial (MI).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of surplus land. To proceed with an eventual disposition of the Property, the City must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is surplus property. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:
132

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to local school districts.

4. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-12
Exhibit 2 – Map Showing Location of Parcel
133
Resolution 24-12
RESOLUTION NO. 24-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-441-45 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 0459-441-45 (“Property”); and WHEREAS, the Property is zoned for manufacturing/industrial (MI) and is approximately 2.0 acres; and
WHEREAS, the Property is currently vacant and does not generate any lease, rental, or other revenues; and
WHEREAS, the Property is not intended for a governmental use; and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the 134
RESOLUTION NO. 24-12
February 28, 2024

Page 2 ends

Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
135
RESOLUTION NO. 24-12
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-12 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
136
137

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Surplus Property Pursuant to AB 1486 – APN 3129-261-14 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 3129-261-14 as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 3129-261-14 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 11.16 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for manufacturing/industrial (MI).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of surplus land. To proceed with an eventual disposition of the Property, the City must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is surplus property. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:
138

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to local school districts.

4. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-13
Exhibit 2 – Map Showing Location of Parcel
139
Resolution 24-13
RESOLUTION NO. 24-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3129-261-14 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 3129-261-14 (“Property”); and WHEREAS, the Property is zoned for manufacturing/industrial (MI) and is approximately 11.16 acres; and
WHEREAS, the Property is currently vacant and does not generate any lease, rental, or other revenues; and
WHEREAS, the Property is not intended for a governmental use; and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the 140
RESOLUTION NO. 24-13
February 28, 2024

Page 2 ends

Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
141
RESOLUTION NO. 24-13
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-13 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
142
143

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Surplus Property Pursuant to AB 1486 – APN 3129-261-69 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 3129-261-69 as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 3129-261-69 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 5.6 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for manufacturing/industrial (MI).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of surplus land. To proceed with an eventual disposition of the Property, the City must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is surplus property. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:
144

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to local school districts.

4. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-14
Exhibit 2 – Map Showing Location of Parcel
145
Resolution 24-14
RESOLUTION NO. 24-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3129-261-69 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 3129-261-69 (“Property”); and WHEREAS, the Property is zoned for manufacturing/industrial (MI) and is approximately 5.6 acres; and
WHEREAS, the Property is currently vacant and does not generate any lease, rental, or other revenues; and
WHEREAS, the Property is not intended for a governmental use; and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the 146
RESOLUTION NO. 24-14
February 28, 2024

Page 2 ends

Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
147
RESOLUTION NO. 24-14
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-14 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
148
149

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Surplus Property Pursuant to AB 1486 – APN 3129-261-70 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 3129-261-70 as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 3129-261-70 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 5.59 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for manufacturing/industrial (MI).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of surplus land. To proceed with an eventual disposition of the Property, the City must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is surplus property. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:
150

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to local school districts.

4. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-15
Exhibit 2 – Map Showing Location of Parcel
151
Resolution 24-15
RESOLUTION NO. 24-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3129-261-70 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 3129-261-70 (“Property”); and WHEREAS, the Property is zoned for manufacturing/industrial (MI) and is approximately 5.59 acres; and
WHEREAS, the Property is currently vacant and does not generate any lease, rental, or other revenues; and
WHEREAS, the Property is not intended for a governmental use; and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the 152
RESOLUTION NO. 24-15
February 28, 2024

Page 2 ends

Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
153
RESOLUTION NO. 24-15
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-15 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
154
155

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Surplus Property Pursuant to AB 1486 – APN 0459-354-07 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 0459-354-07 as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 0459-354-07 located at 17537 Montezuma St.(“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 3.3 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for mixed use (MU).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of surplus land. To proceed with an eventual disposition of the Property, the City must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is surplus property. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:
156

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to local school districts.

4. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-16
Exhibit 2 – Map Showing Location of Parcel
157
Resolution 24-16
RESOLUTION NO. 24-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-354-07 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 0459-354-07 commonly referred to as 17537 Montezuma St. (“Property”); and
WHEREAS, the Property is zoned for mixed use (MU) and is approximately 3.03 acres; and
WHEREAS, the Property is currently vacant and does not generate any lease, rental, or other revenues; and
WHEREAS, the Property is not intended for a governmental use; and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution. 158
RESOLUTION NO. 24-16
February 28, 2024

Page 2 ends

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
159
RESOLUTION NO. 24-16
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-16 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
160
161

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Surplus Property Pursuant to AB 1486 – APN 0459-182-18 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 0459-182-18 as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 0459-182-18 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 0.8 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for business park (BP).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of surplus land. To proceed with an eventual disposition of the Property, the City must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is surplus property. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:
162

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to local school districts.

4. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-17
Exhibit 2 – Map Showing Location of Parcel
163
Resolution 24-17
RESOLUTION NO. 24-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-182-18 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 0459-182-18 (“Property”); and WHEREAS, the Property is zoned for business park (BP) and is approximately 0.8 acres; and
WHEREAS, the Property is currently vacant and does not generate any lease, rental, or other revenues; and
WHEREAS, the Property is not intended for a governmental use; and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the 164
RESOLUTION NO. 24-17
February 28, 2024

Page 2 ends

Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
165
RESOLUTION NO. 24-17
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-17 duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
166
167

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Surplus Property Pursuant to AB 1486 – APN 0459-182-27 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 0459-182-27 as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 459-182-27 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 0.5 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for business park (BP).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of Surplus Land. To proceed with an eventual disposition of the Property, the City Council must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is Surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is Surplus property. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:
168

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to local school districts.

4. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-18
Exhibit 2 – Map Showing Location of Parcel
169
Resolution 24-18
RESOLUTION NO. 24-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-182-27 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 0459-182-27 (“Property”); and WHEREAS, the Property is zoned for business park (BP) and is approximately 0.5 acres; and
WHEREAS, the Property is currently vacant and does not generate any lease, rental, or other revenues; and
WHEREAS, the Property is not intended for a governmental use; and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the 170
RESOLUTION NO. 24-18
February 28, 2024

Page 2 ends

Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
171
RESOLUTION NO. 24-18
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-18 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
172
173

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Surplus Property Pursuant to AB 1486 – APN 0459-182-28 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 0459-182-28 as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 0459-182-28 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 0.5 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for business park (BP).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of Surplus Land. To proceed with an eventual disposition of the Property, the City Council must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is Surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City to take formal action declaring that the Property is Surplus property.

Adoption of the attached Resolution would satisfy that requirement.

If and when the City adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:
174

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to local school districts.

4. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-19
Exhibit 2 – Map Showing Location of Parcel
175
Resolution 24-19
RESOLUTION NO. 24-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-182-28 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 0459-182-28 (“Property”); and WHEREAS, the Property is zoned for business park (BP) and is approximately 0.5 acres; and
WHEREAS, the Property is currently vacant and does not generate any lease, rental, or other revenues; and
WHEREAS, the Property is not intended for a governmental use; and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the 176
RESOLUTION NO. 24-19
February 28, 2024

Page 2 ends

Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
177
RESOLUTION NO. 24-19
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-19 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
178
179

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Surplus Property Pursuant to AB 1486 – APN 3103-074-41 STAFF RECOMMENDATION:

It is staff’s recommendation that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 3103-074-41 as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 3103-074-41 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 1 acre. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for single family residential (R1).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of Surplus Land. To proceed with an eventual disposition of the Property, the City Council must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus Land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is Surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is Surplus property. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:
180

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to local school districts.

4. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-20
Exhibit 2 – Map Showing Location of Parcel
181
Resolution 24-20
RESOLUTION NO. 24-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3103-074-41 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 3103-074-41 (“Property”); and WHEREAS, the Property is zoned for single family residential (R1) and is approximately 1 acre; and
WHEREAS, the Property is currently vacant and does not generate any lease, rental, or other revenues; and
WHEREAS, the Property is not intended for a governmental use; and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the 182
RESOLUTION NO. 24-20
February 28, 2024

Page 2 ends

Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
183
RESOLUTION NO. 24-20
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-20 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
184
185
186

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Surplus Property Pursuant to AB 1486 – APN 3132-271-05 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 3132-271-05 as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 3132-271-05 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 0.5 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for single family residential (R1).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of Surplus Land. To proceed with an eventual disposition of the Property, the City Council must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus Land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is Surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is Surplus property. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:
187

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to local school districts.

4. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City Council is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-21
Exhibit 2 – Map Showing Location of Parcel
188
Resolution 24-21
RESOLUTION NO. 24-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3132-271-05 IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 3132-271-05 (“Property”); and WHEREAS, the Property is zoned for single family residential (R1) and is approximately 0.5 acres; and
WHEREAS, the Property is currently vacant and does not generate any lease, rental, or other revenues; and
WHEREAS, the Property is not intended for a governmental use; and WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act as amended by AB 1486; and
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the 189
RESOLUTION NO. 24-21
February 28, 2024

Page 2 ends

Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
190
RESOLUTION NO. 24-21
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-21 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
191
192
193

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Exempt Surplus Land Pursuant to AB 1486 – APN 0459-821-72 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 0459-821-72 as Exempt Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 0459-821-72 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 0.2 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for single family residential (R-S5).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of Surplus Land. To proceed with an eventual disposition of the Property, the City Council must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is Surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is exempt Surplus Land. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, as the property has been declared exempt Surplus Land the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.
194
CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as exempt Surplus Land.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-21
Exhibit 2 – Map Showing Location of Parcel
195
Resolution 24-22
RESOLUTION NO. 24-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-821-72 IS EXEMPT SURPLUS LAND
WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, “exempt surplus land” means land owned in fee simply by any local agency which falls into one (1) or more of several categories included in the Surplus Land Act; and WHEREAS, Government Code Section 54221 (f)(1)(B) provides that one category of “exempt surplus land” is surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 0459-821-72 (“Property”); and WHEREAS, the Property is zoned for single family residential (R-S5) and is approximately 0.2 acres; and
WHEREAS, the Property is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

WHEREAS, pursuant to Government Code Section 54221(b), the City Council of the City of Adelanto hereby declares the Land to be “exempt surplus land” pursuant to Government Code Section 54221 (f)(1)(B).

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is exempt surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the City Manager or Designee to send a notice of exemption determination to the California Department of Housing and Community Development (“HCD”) pursuant to Section 400(e) of the Surplus Land Act Guidelines, and to communicate with HCD regarding the City’s declaration that the Land is “exempt surplus land.” 196
RESOLUTION NO. 24-22
February 28, 2024

Page 2 ends

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as exempt surplus land is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
197
RESOLUTION NO. 24-22
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-22 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
198
199
200

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Exempt Surplus Land Pursuant to AB 1486 – APN 0459-821-73 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 0459-821-73 as Exempt Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 0459-821-73 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 0.2 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for single family residential (R-S5).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of Surplus Land. To proceed with an eventual disposition of the Property, the City Council must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is Surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is exempt Surplus Land. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, as the property has been declared exempt Surplus Land the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.
201
CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as exempt Surplus Land.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-23
Exhibit 2 – Map Showing Location of Parcel
202
Resolution 24-23
RESOLUTION NO. 24-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 0459-821-73 IS EXEMPT SURPLUS LAND
WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, “exempt surplus land” means land owned in fee simply by any local agency which falls into one (1) or more of several categories included in the Surplus Land Act; and WHEREAS, Government Code Section 54221 (f)(1)(B) provides that one category of “exempt surplus land” is surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 0459-821-73 (“Property”); and WHEREAS, the Property is zoned for single family residential (R-S5) and is approximately 0.2 acres; and
WHEREAS, the Property is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

WHEREAS, pursuant to Government Code Section 54221(b), the City Council of the City of Adelanto hereby declares the Land to be “exempt surplus land” pursuant to Government Code Section 54221 (f)(1)(B).

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is exempt surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the City Manager or Designee to send a notice of exemption determination to the California Department of Housing and Community Development (“HCD”) pursuant to Section 400(e) of the Surplus Land Act Guidelines, and to communicate with HCD regarding the City’s declaration that the Land is “exempt surplus land.” 203
RESOLUTION NO. 24-23
February 28, 2024

Page 2 ends

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as exempt surplus land is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
204
RESOLUTION NO. 24-23
February 28, 2024

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-23 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
205
206
207

CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Exempt Surplus Land Pursuant to AB 1486 – APN 3128-671-01 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 3128-671-01 as Exempt Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 3128-671-01 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 0.2 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for single family residential (R1).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of Surplus Land. To proceed with an eventual disposition of the Property, the City Council must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is Surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is exempt Surplus Land. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, as the property has been declared exempt Surplus Land the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.
208
CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as exempt Surplus Land.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-24
Exhibit 2 – Map Showing Location of Parcel
209
Resolution 24-24
RESOLUTION NO. 24-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3128-671-01 IS EXEMPT SURPLUS LAND
WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, “exempt surplus land” means land owned in fee simply by any local agency which falls into one (1) or more of several categories included in the Surplus Land Act; and WHEREAS, Government Code Section 54221 (f)(1)(B) provides that one category of “exempt surplus land” is surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 3128-671-01 (“Property”); and WHEREAS, the Property is zoned for single family residential (R1) and is approximately 0.2 acres; and
WHEREAS, the Property is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

WHEREAS, pursuant to Government Code Section 54221(b), the City Council of the City of Adelanto hereby declares the Land to be “exempt surplus land” pursuant to Government Code Section 54221 (f)(1)(B).

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is exempt surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the City Manager or Designee to send a notice of exemption determination to the California Department of Housing and Community Development (“HCD”) pursuant to Section 400(e) of the Surplus Land Act Guidelines, and to communicate with HCD regarding the City’s declaration that the Land is “exempt surplus land.” 210
RESOLUTION NO. 24--24
February 28, 2024

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Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as exempt surplus land is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 28th day of February 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
211
RESOLUTION NO. 24--24
February 28, 2024

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I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-24 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 28th day of February 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28th day of February 2024.
___________________________________
Brenda Lopez
City Clerk
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CITY COUNCIL AGENDA REPORT
DATE: February 28, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: Declaration of Exempt Surplus Land Pursuant to AB 1486 – 3128-751-79 STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 3128-751-79 as Exempt Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

BACKGROUND:

The City of Adelanto (“City”) owns and controls real property identified as Assessor’s Parcel Number 3128-751-79 (“Property”). The Property is a vacant property that consists of one parcel amounting to approximately 0.3 acres. The Property is currently vacant and does not generate any lease, rental, or other revenues. The Property is zoned for medium density residential (R3-8).

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of Surplus Land. To proceed with an eventual disposition of the Property, the City Council must comply with the Surplus Land Act.

AB 1486, which amended the Surplus Land Act, requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is Surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).) In short, AB 1486 requires the City Council to take formal action declaring that the Property is exempt Surplus Land. Adoption of the attached Resolution would satisfy that requirement.

If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, as the property has been declared exempt Surplus Land the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.
215
CONCLUSION:

The City Council should adopt the attached Resolution to comply with AB 1486 and declare the Property as exempt Surplus Land.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-25
Exhibit 2 – Map Showing Location of Parcel
216
Resolution 24-25
RESOLUTION NO. 24-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
APN 3128-751-79 IS EXEMPT SURPLUS LAND
WHEREAS, Assembly Bill 1486 went into effect on January 1, 2020, (“AB 1486”) and expanded the Surplus Land Act requirements for local agencies prior to the disposition and disposal of a “surplus land”; and
WHEREAS, “exempt surplus land” means land owned in fee simply by any local agency which falls into one (1) or more of several categories included in the Surplus Land Act; and WHEREAS, Government Code Section 54221 (f)(1)(B) provides that one category of “exempt surplus land” is surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as Assessor’s Parcel Number 3128-751-79 (“Property”); and WHEREAS, the Property is zoned for medium density residential (R3-8) and is approximately 0.3 acres; and
WHEREAS, the Property is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.

WHEREAS, pursuant to Government Code Section 54221(b), the City Council of the City of Adelanto hereby declares the Land to be “exempt surplus land” pursuant to Government Code Section 54221 (f)(1)(B).

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is exempt surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the City Manager or Designee to send a notice of exemption determination to the California Department of Housing and Community Development (“HCD”) pursuant to Section 400(e) of the Surplus Land Act Guidelines, and to communicate with HCD regarding the City’s declaration that the Land is “exempt surplus land.” 217
RESOLUTION NO. 24-25
February 28, 2024

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