Adelanto — 2023-05-10

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all\nordinances appearing on this City Council agenda as authorized by Government Code Section\n36934, 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\nto the Mojave Basin Area Water Master.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT\nTO GOVERNMENT CODE §54956.9(d)(1) – Brown v. City of Adelanto (San\nBernardino County Superior Court Case No. SCBA2300240)

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

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO\nGOVERNMENT CODE SECTIONS 54954.5 (B) AND 54956.8:\nProperty: 11600 Air Expressway, Adelanto, CA (APNs 045922104, 045922106)\nAgency Negotiators: Jessie Flores, City Manager; Paloma McEvoy, City Attorney;\nand Kristopher Daams, Assistant City Attorney\n3\nMAY 10, 2023\nNegotiating Parties: Luis Salinas, Assistant Facilities Manager, State Assembly\nUnder Negotiation: Price, terms, and conditions of potential lease of office space.

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all\nordinances appearing on this City Council agenda as authorized by Government Code Section 36934,\nunless 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:\nORDINANCE NO. 640\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF\nSAN BERNARDINO, CALIFORNIA, AMENDING SECTION 17.30.010, INTENT AND\nPURPOSE, (a) ADD, TO REVISE MAXIMUM HEIGHT FROM 50’ to 55’, AND SECTION\n17.30.040, DEVELOPMENT STANDARDS, TABLE 30-1, BY REVISING THE HEIGHT\nLIMITS IN THE ADD ZONE AND LM/LMCO ZONES FROM 50’ TO 55’.

5. Approval of 2nd Reading of Ordinance No, 641 entitled:\n5\nMay 10, 2023\nORDINANCE NO. 641\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN\nBERNARDINO, CALIFORNIA, AMENDING SECTION 17.50.020 AND APPENDIX A,\nADDING RESTAURANT DRIVE-THRU², NO ALCOHOL SALES AS A CONDITIONALLY\nPERMITTED USE(S) IN THE MIXED USE (MU) ZONE

6. Approval of Warrant:\na. Approval of City of Adelanto Warrant, 22/23-10-02 - 148509 through148624 in the total\namount $2,447,122,33.\nb. Approval of City of Adelanto EFT No. N/A

1. Motion to go into Closed Session.

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

1. CONSIDERATION OF AMENDMENT NO.3 TO THE PROFESSIONAL CONSULTANT\nSERVICES AGREEMENT WITH THE TAIT GROUP INC. TO EXTEND THE CONTRACT TERM\nSIX MONTHS (SEPTEMBER 30, 2023) AND INCREASE COMPENSATION. (ANGEL)\nRECOMMENDATION: Staff recommends the City Council approve Amendment No. 3 to the\nProfessional Consultant Services Agreement with The Tait Group Inc. to extend Section 3.1.2\nTerm on the attached Agreement for six (6) months with an increased compensation of Twenty-\nFour Thousand Dollars ($24,000).\n11\nMay 10, 2023\nPUBLIC COMMENT: OPEN: CLOSED:

2. PROFESSIONAL SERVICE AGREEMENT FOR UPDATING CITY OF ADELANTO WATER\nMODELS. (SABA)\nRECOMMENDATION: Staff recommends City Council approve the award of a Professional\nService Agreement (PSA) with Albert A. WEBB Associates in the amount of $109,770 for\nupdating City of Adelanto Water Models authorizing project contingency in the amount of $22,000\nfor the design services, authorizing City Manager or designee to expend the contingency fund, if\nnecessary to complete the project and authorize the City Manager to sign the agreement on behalf\nof the City Council\nPUBLIC COMMENT: OPEN: CLOSED:

3. APPROVE CONSTRUCTION CONTRACT AWARD TO HIGH DESERT UNDERGROUNDING\nINC. FOR EMERGENCY WORK AT AUBURN AVENUE (SABA)\nRECOMMENDATION: Staff recommends award of construction contract to the lowest\nbidder, High Desert Underground, Inc. in the amount of $105,308.98 to provide emergency work\nat Auburn Avenue.\nQ ITEMS REMOVED FROM THE CONSENT CALENDAR

1. PUBLIC HEARING– CITY OF ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT\nDISTRICT NO. 1, ANNEXATION OF SENECA POINTE III-TRACT 20401 (2023-030)\n(SABA/WILLDAN)\nRECOMMENDATION: Staff recommends that the City Council take the next and final steps to\ncomplete the annexation process for Tract 20401.\n6\nMay 10, 2023\nIt is requested that the City Council open the Public Hearing regarding the annexation of Tract\n20401 to the District and the proposed assessments in order to accept public testimony and any\nwritten protests regarding these proceedings. Upon conclusion of the public testimony, the Mayor\nwill close the Public Hearing and direct the City Clerk or their designee to open and tabulate the\nballots received, which may take a few minutes. Upon completion of the tabulation, the City Clerk\nwill present to the City Council the results of that tabulation which will be in the form of total\ndollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the\nassessments (“No” votes); and as a matter of procedure, the City Council would then adopt the\nfirst of two resolutions which formally declares the results of protest ballot proceedings. Based on\nthe weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a\nmajority protest of the proposed assessments, and the City Council will abandon any further\nproceedings at this time to annex this Annexation Territory to the District or to levy the annual\nassessments. If majority protest does not exist, it is requested that the City Council adopt the second\nresolution which formally annexes Tract 20401 to the District, confirms the Assessment Diagram\nand assessments outlined in the Engineer’s Report, and orders the levy and collection of the\nassessments for the Annexation Territory to be collected on the County tax rolls for Fiscal Year\n2023/2024 as identified in the Engineer’s Report.\n1.) CONDUCT THE PUBLIC HEARING REGARDING THE ANNEXATION OF\nTRACT 20401 TO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO.\n2.) AFTER RECEIVING ALL TESTIMONY, CLOSE THE PUBLIC HEARING AND\nDIRECT CITY CLERK OR THEIR DESIGNEE TO TABULATE THE BALLOTS\nRETURNED.\n3.) UPON COMPLETION OF THE BALLOT TABULATION ADOPT THE\nFOLLOWING RESOLUTION.\nRESOLUTION NO. 23-29\nDECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT\nPROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO THE\nANNEXATION OF SENECA POINTE III-TRACT 20401 TO THE ADELANTO LANDSCAPE\nMAINTENANCE ASSESSMENT DISTRICT NO. 1, COMMENCING IN FISCAL YEAR\n2023/2024.\n4.) IF MAJORITY PROTEST DOES NOT EXIST, ADOPT THE FOLLOWING\nRESOLUTION (Otherwise no further action is required).\nRESOLUTION NO. 23-30\nCONFIRMING THE ANNEXATION OF PARCELS WITHIN SENECA POINTE III-TRACT\n20401 TO THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO.\n1, THE DIAGRAM AND ASSESSMENTS RELATED THERETO, OVERRULING ALL\nPROTESTS CONCERNING THE ASSESSMENTS, AND ORDERING THE LEVY AND\nCOLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023/2024.\n7\nMay 10, 2023\nOPEN PUBLIC HEARING: CLOSE PUBLIC HEARING:

2. PUBLIC HEARING – CITY OF ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT\nDISTRICT NO. 1, ANNEXATION OF SENECA POINTE III-TRACT 20401 (2023-030).\n(SABA/WILLDAN)\nRECOMMENDATION: Staff recommends that the City Council take the next and final steps to\ncomplete the annexation process for Tract 20401.\nIt is requested that the City Council open the Public Hearing regarding the annexation of Tract\n20401 to the District and the proposed assessments in order to accept public testimony and any\nwritten protests regarding these proceedings. Upon conclusion of the public testimony, the Mayor\nwill close the Public Hearing and direct the City Clerk or their designee to open and tabulate the\nballots received, which may take a few minutes. Upon completion of the tabulation, the City Clerk\nwill present to the City Council the results of that tabulation which will be in the form of total\ndollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the\nassessments (“No” votes); and as a matter of procedure, the City Council would then adopt the\nfirst of two resolutions which formally declares the results of protest ballot proceedings. Based on\nthe weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a\nmajority protest of the proposed assessments, and the City Council will abandon any further\nproceedings at this time to annex this Annexation Territory to the District or to levy the annual\nassessments. If majority protest does not exist, it is requested that the City Council adopt the second\nresolution which formally annexes Tract 20401 to the District, confirms the Assessment Diagram\nand assessments outlined in the Engineer’s Report, and orders the levy and collection of the\nassessments for the Annexation Territory to be collected on the County tax rolls for Fiscal Year\n2023/2024 as identified in the Engineer’s Report.\n1.) CONDUCT THE PUBLIC HEARING REGARDING THE ANNEXATION OF\nTRACT 20401 TO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT\nNO. 1.\n2.) AFTER RECEIVING ALL TESTIMONY, CLOSE THE PUBLIC HEARING\nAND DIRECT CITY CLERK OR THEIR DESIGNEE TO TABULATE THE\nBALLOTS RETURNED.\n3.) UPON COMPLETION OF THE BALLOT TABULATION ADOPT THE\nFOLLOWING RESOLUTION.\nRESOLUTION NO. 23-31\nDECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT\nPROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO THE\nANNEXATION OF SENECA POINTE III-TRACT 20401 TO THE ADELANTO\nSTREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, COMMENCING IN\nFISCAL YEAR 2023/2024.\n4.) IF MAJORITY PROTEST DOES NOT EXIST, ADOPT THE FOLLOWING\nRESOLUTION (Otherwise no further action is required).\n8\nMay 10, 2023\nRESOLUTION NO. 23-32\nCONFIRMING THE ANNEXATION OF PARCELS WITHIN SENECA POINTE III-TRACT\n20401 TO THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT\nNO. 1, THE DIAGRAM AND ASSESSMENTS RELATED THERETO, OVERRULING ALL\nPROTESTS CONCERNING THE ASSESSMENTS, AND ORDERING THE LEVY AND\nCOLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023/2024.\nOPEN PUBLIC HEARING: CLOSE PUBLIC HEARING:

3. PUBLIC HEARING – CITY OF ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT\nDISTRICT NO. 1, ANNEXATION OF SENECA POINTE III-TRACT 20504 (2023-029)\n(SABA/WILLDAN)\nRECOMMENDATION Staff recommends that the City Council take the next and final steps to\ncomplete the annexation process for Tract 20504.\nIt is requested that the City Council open the Public Hearing regarding the annexation of Tract\n20504 to the District and the proposed assessments in order to accept public testimony and any\nwritten protests regarding these proceedings. Upon conclusion of the public testimony, the Mayor\nwill close the Public Hearing and direct the City Clerk or their designee to open and tabulate the\nballots received, which may take a few minutes. Upon completion of the tabulation, the City Clerk\nwill present to the City Council the results of that tabulation which will be in the form of total\ndollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the\nassessments (“No” votes); and as a matter of procedure, the City Council would then adopt the\nfirst of two resolutions which formally declares the results of protest ballot proceedings. Based on\nthe weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a\nmajority protest of the proposed assessments, and the City Council will abandon any further\nproceedings at this time to annex this Annexation Territory to the District or to levy the annual\nassessments. If majority protest does not exist, it is requested that the City Council adopt the second\nresolution which formally annexes Tract 20504 to the District, confirms the Assessment Diagram\nand assessments outlined in the Engineer’s Report, and orders the levy and collection of the\nassessments for the Annexation Territory to be collected on the County tax rolls for Fiscal Year\n2023/2024 as identified in the Engineer’s Report.\n1.) CONDUCT THE PUBLIC HEARING REGARDING THE ANNEXATION OF\nTRACT 20504 TO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO.\n1.\n2.) AFTER RECEIVING ALL TESTIMONY, CLOSE THE PUBLIC HEARING AND\nDIRECT CITY CLERK OR THEIR DESIGNEE TO TABULATE THE BALLOTS\nRETURNED.\n3.) UPON COMPLETION OF THE BALLOT TABULATION ADOPT THE\nFOLLOWING RESOLUTION.\n9\nMay 10, 2023\nRESOLUTION NO.23-33\nDECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT\nPROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO\nTHE ANNEXATION OF SENECA POINTE III-TRACT 20504 TO THE ADELANTO\nLANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, COMMENCING\nIN FISCAL YEAR 2023/2024.\n4.) IF MAJORITY PROTEST DOES NOT EXIST, ADOPT THE FOLLOWING\nRESOLUTION (Otherwise no further action is required).\nRESOLUTION NO. 23-34\nCONFIRMING THE ANNEXATION OF PARCELS WITHIN SENECA POINTE III-\nTRACT 20504 TO THE ADELANTO LANDSCAPE MAINTENANCE\nASSESSMENT DISTRICT NO. 1, THE DIAGRAM AND ASSESSMENTS RELATED\nTHERETO, OVERRULING ALL PROTESTS CONCERNING THE ASSESSMENTS,\nAND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR\nFISCAL YEAR 2023/2024.\nOPEN PUBLIC HEARING: CLOSE PUBLIC HEARING:

4. PUBLIC HEARING – CITY OF ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT\nDISTRICT NO. 1, ANNEXATION OF ADELANTO POINTE-TRACT 20504 (2023-029)\n(SABA/WILLDAN)\nRECOMMENDATION Staff recommends that the City Council take the next and final steps to\ncomplete the annexation process for Tract 20504.\nIt is requested that the City Council open the Public Hearing regarding the annexation of\nTract 20504 to the District and the proposed assessments in order to accept public testimony and\nany written protests regarding these proceedings. Upon conclusion of the public testimony, the\nMayor will close the Public Hearing and direct the City Clerk or their designee to open and tabulate\nthe ballots received, which may take a few minutes. Upon completion of the tabulation, the City\nClerk will present to the City Council the results of that tabulation which will be in the form of\ntotal dollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the\nassessments (“No” votes); and as a matter of procedure, the City Council would then adopt the\nfirst of two resolutions which formally declares the results of protest ballot proceedings. Based on\nthe weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a\nmajority protest of the proposed assessments, and the City Council will abandon any further\nproceedings at this time to annex this Annexation Territory to the District or to levy the annual\nassessments. If majority protest does not exist, it is requested that the City Council adopt the second\nresolution which formally annexes Tract 20504 to the District, confirms the Assessment Diagram\nand assessments outlined in the Engineer’s Report, and orders the levy and collection of the\nassessments for the Annexation Territory to be collected on the County tax rolls for Fiscal Year\n2023/2024 as identified in the Engineer’s Report.\n10\nMay 10, 2023\n1.) CONDUCT THE PUBLIC HEARING REGARDING THE ANNEXATION OF\nTRACT 20504 TO STREETLIGHT MAINTENANCE ASSESSMENT\nDISTRICT NO. 1.\n2.) AFTER RECEIVING ALL TESTIMONY, CLOSE THE PUBLIC HEARING\nAND DIRECT CITY CLERK OR THEIR DESIGNEE TO TABULATE THE\nBALLOTS RETURNED.\n3.) UPON COMPLETION OF THE BALLOT TABULATION ADOPT THE\nFOLLOWING RESOLUTION.\nRESOLUTION NO.23-35\nDECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT\nPROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO\nTHE ANNEXATION OF ADELANTO POINTE-TRACT 20504 TO THE ADELANTO\nSTREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, COMMENCING\nIN FISCAL YEAR 2023/2024.\n4.) IF MAJORITY PROTEST DOES NOT EXIST, ADOPT THE FOLLOWING\nRESOLUTION (Otherwise no further action is required).\nRESOLUTION NO. 23-36\nCONFIRMING THE ANNEXATION OF PARCELS WITHIN ADELANTO POINTE-\nTRACT 20504 TO THE ADELANTO STREETLIGHT MAINTENANCE\nASSESSMENT DISTRICT NO. 1, THE DIAGRAM AND ASSESSMENTS RELATED\nTHERETO, OVERRULING ALL PROTESTS CONCERNING THE ASSESSMENTS,\nAND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL\nYEAR 2023/2024.