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Wednesday, October 26, 2022 · Government meeting record

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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 OCTOBER 26, 2022 City Council Gabriel Reyes, Mayor Daniel Ramos, Mayor Pro Tem Stevevonna Evans, Councilor Joy Jeannette, Councilor Keron Jones, Councilor City Manager Jessie Flores City Attorney Marc Tran Meetings held: 2nd & 4th Wednesday Adelanto Governmental Center City Council Chambers 11600 Air Expressway, Adelanto Open Session: 7:00 p.m. City Council, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence. On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which was effective immediately and amends Government Code § 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically. Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows: NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting. The public may view the meeting or participate / comment remotely as follows: • All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting. • Participate via zoom please log in using any of the options below:1

REGULAR MEETING OCTOBER 26, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us • Teleconference https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 Or Telephone: 1-669-900-6833 Webinar ID: 931 4644 4676 Passcode: 7601 Submit written comments: We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to blopez@ci.adelanto.ca.us; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301. Rules of Decorum “Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting. Disruptive conduct may include, but is not limited to: • Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted. When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues. If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.) MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff2

REGULAR MEETING OCTOBER 26, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting. AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104. TIME: _____________ ROLL CALL: Councilor Evans ________ Councilor Jeannette ________ Councilor Jones ________ Mayor Pro Tem Ramos ________ Mayor Reyes ________ Invocation: Flag Salute: 1. City Manager to announce if there is any addition/removal of items from the agenda. C. APPROVAL OF AGENDA A. CALL TO ORDER—REGULAR MEETING B. DELETIONS/ADDITIONS TO AGENDA3

REGULAR MEETING OCTOBER 26, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us D. CITY MANAGERS ANNOUNCEMENTS AND REPORT E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS F. PRESENTATIONS 1. Presentation by City Manager Flores Community Water Report Update. G. 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 H. CONSENT CALENDAR Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council or member of the audience requests a separate discussion on an item. MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED 1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council. 2. Consideration and Approval of A 30-Day Resolution Regarding the Conduct of Teleconferenced Meetings of the City Council and other City Bodies Under Government Code Section 54953(E)4

REGULAR MEETING OCTOBER 26, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RESOLUTION NO. 22-73 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 OCTOBER 26, 2022, THROUGH NOVEMBER 25, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e) 3. Approval of proposed Holiday Closure and Cancellation of November 23, 2022 And December 21, 2022, Council Meeting. 4. Receive and File Burrtec 3rd Quarter Commercial and Residential Recycling Department Report. 5. Receive in file Burrtec Monthly Commercial and Residential Recycling Department Report. - August and September 6. Approval of 2nd Reading of Ordinance 635 entitled: ORDINANCE NO. 635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING SECTION 17.50.020 AND APPENDIX A, ADDING AUTO SERVICE AND AUTO REPAIR USES AS CONDITIONALLY PERMITTED USE IN THE MIZED USE (MU) ZONE. 7. Approval of Warrant: a. Approval of City of Adelanto Warrant, 22/23-04-02- 147651 through 147777 in the total amount of $2,648,369.84. b. Approval of City of Adelanto EFT No. Warrant, 22/23-04-02- 1718 through 1722 in the total amount of $21,509.97 M__________________S__________________ACTION__________________5

REGULAR MEETING OCTOBER 26, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us I. 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 or member of the audience 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. 4. Approval for PERC Water to proceed with the recommended repairs to the Wastewater Treatment Plant. M__________________S__________________ACTION_________________ J. PUBLIC HEARING OPEN PUBLIC HEARING CLOSE PUBLIC HEARING 1. PUBLIC HEARING – SECOND READING OF ORDINANCE NO. 636: AMENDING CHAPTER 14, OF THE MUNICIPAL CODE, BY ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA, BUILDING, MECHANICAL, PLUMBING, ELECTRICAL, FIRE, RESIDENTIAL, GREEN BUILDING, ENERGY, EXISTING, ADMINISTRATIVE CODE, STATE HISTORIC BUILDING CODE, AND REFERENCED STANDARDS; AMENDMENTS TO CERTAIN BUILDING CODE SECTIONS BASED UPON LOCAL GEOLOGIC, CLIMATIC, OR TOPOGRAPHICAL CONDITIONS (CITY ATTORNEY) RECOMMENDATION: 1) On October 26, 2022, City Council should hold a public hearing and receive comments for the Second Reading of Ordinance No. 636 (attached), amending Title 14 of the Adelanto Municipal Code concerning the adoption of the 2022 California Building, Mechanical, Plumbing, Electrical, Fire, Residential, Green Building, Energy, Existing, Administrative Codes, and Referenced Standards, including local amendments thereto; Consider the adoption of the new International Code Council (ICC) building valuation tables (attached). 2) After the public hearing is closed, the Council should adopt the Ordinance.6

REGULAR MEETING OCTOBER 26, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 3) City Council should instruct the City Clerk to file the findings with the California Building Standards Commission once the Ordinance comes into effect 30 days after adoption. ORDINANCE NO. 636 AN ORDINANCE OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING BY REFERENCE THE 2022 EDITIONS OF THE CALIFORNIA BUILDING CODE VOLUMES 1 AND 2, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA REFERENCED CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ENERGY CODE, AND RELATED REFERENCE STANDARDS CODES WITH APPENDICES, ICC VALUATION TABLES, AND AMENDMENTS THERETO; ADOPTING LOCAL AMENDMENTS TO SPECIFIED CHAPTERS OF TITLE 14 OF THE ADELANTO MUNICIPAL CODE M__________________S__________________ACTION__________________ OPEN PUBLIC HEARING CLOSE PUBLIC HEARING 2. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. GPA 22-04, to amend the Adelanto North 2035 Comprehensive Sustainable Plan Mobility section to correct Figure M-1, Proposed Roadway Network, to show Existing and Proposed Traffic Signals, and show proposed re-classified Public Collector Street connections to Hwy 395 by right-in /right-out or Signalized Intersections. (JIM) RECOMMENDATION: • Approve Council Resolution 22-66, to adopt the Addendum to the previously adopted 2014 Environmental Impact Report, (EIR), SCH No. 20142031034) and approve General Plan Amendment No. GPA 22-04 (GPA), based on the findings. • Introduce First Reading of Ordinance 639 to adopt findings and approve General Plan Amendment 22-04 to amend the Adelanto North 2035 Comprehensive Sustainable Plan Mobility section to correct Figure M-1, Proposed Roadway Network, to show Existing and Proposed Traffic Signals, and show proposed re-classified Public Collector Street connections to Hwy 395 by right-in /right-out or Signalized Intersections.7

REGULAR MEETING OCTOBER 26, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us • Schedule the second reading and adoption of the Ordinance 639 for the next regular council meeting. COUNCIL RESOLUTION NO. 22-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA ADOPTING THE ADDENDUM TO THE PREVIOUSLY ADOPTED 2014 ENVIRONMENTAL IMPACT REPORT (EIR), SCH NO. 20142031034 AND APPROVING GPA 22-04 IN THE CITY OF ADELANTO, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOFTHERETO; ADOPTING LOCAL AMENDMENTS TO SPECIFIED CHAPTERS OF TITLE 14 OF THE ADELANTO MUNICIPAL CODE AND ORDINANCE NUMBER 639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO THE ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE PLAN MOBILITY SECTION TO CORRECT FIGURE M-1, PROPOSED ROADWAY NETWORK TO SHOW EXISTING AND PROPOSED TRAFFIC SIGNALS, AND TO SHOW PROPOSED RE-CLASSIFIED PUBLIC COLLECTOR STREET CONNECTIONS TO HWY 395 BY RIGHT-IN/RIGHT- OUT OR SIGNALIZED INTERSECTIONS IN THE CITY OF ADELANTO, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF M__________________S__________________ACTION__________________8

REGULAR MEETING OCTOBER 26, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us OPEN PUBLIC HEARING CLOSE PUBLIC HEARING 3. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. GPA 22-05 AND ZONE CHANGE NO. ZC 22-04, TO AMEND THE ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE PLAN GENERAL PLAN LAND USE AND ZONING MAP.(LOUIS) RECOMMENDATION: • Approve Council Resolution 22-72, to adopt the Addendum to the previously adopted 1994 Environmental Impact Report, (EIR) (SCH No. 9408208) and 2014 Environmental Impact Report, (EIR) (SCH No. 20142031034) and approve General Plan Amendment No. GPA 22- 05 (GPA) and Zone Change No. ZC 22-04 (ZC), based on the findings. • Introduce First Reading of Ordinance 637 to adopt findings and approve General Plan Amendment No. GPA 22-05 and Zone Change No. ZC 22-04 to amend the Adelanto North 2035 Comprehensive Sustainable Plan Land Use and Zoning Map. • Schedule the second reading and adoption of the Ordinance 637 for the next regular council meeting. COUNCIL RESOLUTION NO. 22-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA ADOPTING THE ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT, CITY OF ADELANTO GENERAL PLAN UPDATE, (SCH # 9408208), MAY 1995 FOR THE AREA SOUTH OF HOLLY ROAD (AREAS 5 AND 6) AND ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE PLAN FINAL ENVIRONMENTAL IMPACT REPORT, (SCH #20142031034)) MARCH 2014 FOR THE AREA NORTH OF HOLLY ROAD (AREAS 1 THRU 4) ADOPTING ORDINANCE NO. 637 APPROVING GENERAL PLAN AMENDMENT NO. GPA 22-05 AND ZONE CHANGE NO. ZC 22-05 TO AMEND 6 AREAS OF THE LAND USE AND ZONING MAP IN THE CITY OF ADELANTO, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF AND9

REGULAR MEETING OCTOBER 26, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us ORDINANCE NUMBER 637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO THE ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE PLAN FIGURE LC-2 GENERAL PLAN LAND USE AND ZONNING MAP IN SIX AREAS WITHIN THE CITY OF ADELANTO, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF M__________________S__________________ACTION__________________ K. NEW BUSINESS PUBLIC COMMENT: OPEN: CLOSED: 1. DECLARATION OF SURPLUS PROPERTY PURSUANT TO AB 1486 – APN 3128-221-04. (CITY ATTORNEY) RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 3128-221-04 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. RESOLUTION NO. 22-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS APN 3128-221-04 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 PUBLIC COMMENT: OPEN: CLOSED: 2. DECLARATION OF SURPLUS PROPERTY PURSUANT TO AB 1486 – APN 0459-053-26. (CITY ATTORNEY) RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution and declare the property identified as Assessor’s Parcel Number 0459-053-26 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 1486.10

REGULAR MEETING OCTOBER 26, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RESOLUTION NO. 22-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS APN 0459-053-26 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 M__________________S__________________ACTION__________________ PUBLIC COMMENT: OPEN: CLOSED: 3. RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION OF CHAPTER 5.84 TO THE ADELANTO MUNICIPAL CODE FOR A FOOD TRUCK ORDINANCE. (ATTORNEY) RECOMMENDATION: Staff recommends that the City Council solicit public comment/input and adopt proposed Ordinance No. 638, also referred to as “Food Trucks”, designed to regulate food truck vending within the City of Adelanto (“City”). This Ordinance will create an application and permit requirement for food truck vendors, set rules for food truck operations, and sets penalties for violations pursuant to the Adelanto Municipal Code. It shall take effect thirty (30) days after passage. ORDINANCE NO. 638 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, ESTABLISHING CHAPTER 5.84 (FOOD TRUCKS) TO TITLE 5 (BUSINESS LICENSES AND REGULATIONS) OF THE ADELANTO MUNICIPAL CODE REGULATING FOOD TRUCKS M__________________S__________________ACTION__________________ L. ITEMS REMOVED FROM THE CONSENT CALENDAR11

REGULAR MEETING OCTOBER 26, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us M. 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. N. 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 O. ADJOURNMENT The next Regular Meeting of the City Council will be held on November 9, 2022 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 OCTOBER 22, 2022, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA. Brenda Lopez, City Clerk, CMC P. DECLARATION OF POSTING12

REGULAR MEETING OCTOBER 26, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us YOUR CITY GOVERNMENT CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.” CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms. CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs. CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters. LEGISLATIVE TERMS ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption13

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 OCTOBER 26, 2022 City Council, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence. On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which was effective immediately and amends Government Code § 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically. Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows: All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting. Participate via zoom please log in using any of the options below: Teleconference https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 TIME TELECONFERENCE To Participate and and Call in for public comments: Open Session – 7:00 p.m. Please call 1-669-900-6833 along with conference code 931 4644 4676 Passcode: 7601 Dated: October 22, 2022 Brenda Lopez, City Clerk, CMC14

CITY COUNCIL AGENDA REPORT DATE: October 26, 2022 TO: Honorable Mayor and City Council Members FROM: Jessie Flores, City Manager BY: Marc Tran, City Attorney SUBJECT: CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY BODIES UNDER GOVERNMENT CODE SECTION 54953(e) STAFF RECOMMENDATION: It is staff's recommendation that the City Council adopt and approve the attached resolution, reauthorizing the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of Government Code Section 54953(e). BACKGROUND: On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVID-19), which still remains in effect. On March 10, 2020, the Board of Supervisors of the County of San Bernardino proclaimed the existence of a local emergency for all of San Bernardino County (“County”) in response to the outbreak of COVID-19 and its impact on the County. On March 13, 2020, the Adelanto City Council (“City Council”) declared a local emergency in response to the conditions of extreme peril to the safety of persons within the City as a result of the rapid spread of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(e)) during a state-declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 2024. Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true: 1. State or local officials have imposed or recommend social distancing; or 2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of15

Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or 3. The legislative body holds a meeting having already determined by a majority vote to hold remote meetings. Modified Brown Act requirements under AB 361, include, among other provisions, that: • Members of the public must be allowed to address the body and offer comments in real-time during the meeting. • In the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved. • Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option). • Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired. The statewide declaration of emergency continues, in addition, the “SBCOVID-19” section of the San Bernardino County (“County”) website continues to state, “masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public).” With the recommendation that masks continue to be used along with the confirmation of new variants within the County, the City desires to continue to hold meetings under the modified teleconferenced rules. Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to use the teleconference exception available under Government Code Section 54953(e), it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter. On October 12, 2022, the City Council adopted Resolution No. 22-70 authorizing modified remote teleconference meetings through November 11, 2022, to avoid a lapse the Council is requested to adopt the attached resolution. FISCAL IMPACT: There is no fiscal impact to the City. ATTACHMENTS: Resolution No. 22-7316

- 1 - RESOLUTION NO. 22-73 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 OCTOBER 26, 2022, THROUGH NOVEMBER 25, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e) WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Adelanto (“City”); and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California; and WHEREAS, on March 10, 2020, the Board of Supervisors of the County of San Bernardino proclaimed the existence of a local emergency for all of San Bernardino County (“County”) in response to the outbreak of COVID-19 and its impact on the County; and WHEREAS, on March 13, 2020, in response to the conditions of extreme peril to the safety of persons within the City of Adelanto, the Adelanto City Council (“City Council”) declared a local emergency; and WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act (“Brown Act”), this waiver was extended through September 30, 2021, by Executive Order N-08-21; and WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, the “SBCOVID-19” section of the San Bernardino County website states that masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses; and WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in17

RESOLUTION NO. 22-73 - 2 - the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; and WHEREAS, the City finds that the continuous spread of COVID-19 throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City; and WHEREAS, on May 25, 2022, the City Council adopted Resolution No. 22-35 authorizing modified remote teleconference meetings through June 24, 2022; and WHEREAS, on June 22, 2022, the City Council adopted Resolution No. 22-48 reauthorizing modified remote teleconference meetings through July 22, 2022; and WHEREAS, on July 13, 2022, the City Council adopted Resolution No. 22-50 reauthorizing modified remote teleconference meetings through August 12, 2022; and WHEREAS, on July 27, 2022, the City Council adopted Resolution No. 22-54 reauthorizing modified remote teleconference meetings through August 26, 2022; and WHEREAS, on August 10, 2022, the City Council adopted Resolution No. 22-55 reauthorizing modified remote teleconference meetings through September 9, 2022; and WHEREAS, on August 24, 2022, the City Council adopted Resolution No. 22-56 reauthorizing modified remote teleconference meetings through September 23, 2022; and WHEREAS, on September 14, 2022, the City Council adopted Resolution No. 22-59 reauthorizing modified remote teleconference meetings through October 14, 2022; and WHEREAS, on September 28, 2022, the City Council adopted Resolution No. 22-63 reauthorizing modified remote teleconference meetings through October 28, 2022; and WHEREAS, on October 12, 2022, the City Council adopted Resolution No. 22-70 reauthorizing modified remote teleconference meetings through November 11, 2022; and18

RESOLUTION NO. 22-73 - 3 - WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the local recommendations for masks for all individuals, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by Government Code Section 54953(e) to allow the City Council and all City Boards and Commissions to continue meeting under the abbreviated teleconferencing procedures. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by reference. SECTION 2. The City Council hereby considers the conditions of the State of Emergency in the County and City and proclaims that a local emergency in response to the COVID-19 pandemic persists. SECTION 3. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020. SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act. SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective from October 26, 2022, until the earlier of November 25, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Adelanto may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953. 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. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.19

RESOLUTION NO. 22-73 - 4 - PASSED, APPROVED AND ADOPTED this 26th day of October 2022. ______________________________ Gabriel Reyes, Mayor _______________________________ Brenda Lopez, City Clerk20

RESOLUTION NO. 22-73 - 5 - I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-73 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 26th day of October, 2022 be the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 26th, day of October, 2022. ______________________________ Brenda Lopez, City Clerk21

DATE: October 26, 2022 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and City Council Members FROM: Jessie Flores, City Manager SUBJECT: APPROVAL OF PROPOSED HOLIDAY CLOSURE AND CANCELLATION OF NOVEMBER 23, 2022 AND DECEMBER 21, 2022, COUNCIL MEETING STAFF RECOMMENDATION: It is recommended that the City Council: (1) authorize the City Manager to close City Hall from December 19, 2022 through January 2, 2023 in observance of the holidays; (2) authorize the City Manager to allow employees to use earned leave days to allow for the closure of City Hall; and (3) cancel the regularly scheduled City Council meetings on November 23, 2022 and December 22, 2022 due to the Holiday Closure. BACKGROUND: For a number of years, to varying degrees, Adelanto employees have had the opportunity to fully enjoy the holiday season by extending their time off through the use of accrued leave time. This year, City Hall will be closed for designated holidays on December 24th, 25th, 31st, 2022 and January 1st, 2023. Allowing employees to take their leave time off benefits the City as employees use accrued leave time at their current rate of pay and take time off when it is most convenient operationally. Further, lowering booked time also means there is less likelihood that employees will reach maximum accruals and asking for unplanned time off in order to avoid losing leave hours. This approach supports the City’s goal of improving financial controls. Further, utility use is reduced as the time off results in the City Hall building being closed the week of Christmas and the week of New Year’s. In addition, due to the fact that the City will be closed, it is recommended that the Council Meetings November 23, 2022 and December 21, 2022 be cancelled. Measures to reduce the impact on important service levels will be addressed as follows: • There will be no water shut offs. • Emergency response and basic maintenance will be maintained for all water operations. • The Public Works crews will be split so that one-half the crew works Christmas week (except for designated holidays) and the other half works New Year’s week (again, except for designated holidays). Emergency response continues without change after hours and on weekends. • Code Enforcement/Animal Control will maintain their call-out protocol. • IT staff will use the closure time to perform system maintenance and upkeep that would otherwise cause work disruptions during office hours. • Finance staff will continue working in order to process payroll and meet other financial22

Commitments. • Incoming callers to City Hall will be provided with the holiday schedule and emergency contact information. Signs will be posted on the doors at City Hall and on the website. • Potential customers of the Planning Division will be sent written notice in advance via U.S. Mail. FISCAL IMPACT: None. ATTACHMENTS: November 2022 December 2022 January 202323

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