Agenda — Adelanto City Council, January 12, 2022 (part 2 of 2)

13. Architectural Design. The proposed project shall meet the intent of the City’s Design Review Guidelines for Industrial buildings outlined in Chapter 17.15 of the Zoning Code and shall be in substantial compliance with the design presented to Planning Commission.

14. Trash Enclosures. All required trash receptacles proposed for the site shall be enclosed by a six (6) foot high solid masonry wall with solid, view-obstructing gates. A pedestrian entrance shall be provided into each trash enclosure.

15. Joshua Trees. On sites where Joshua Trees are present onsite, prior to the commencement of grading, the applicant shall relocate all Joshua trees applicable to the Relocation Program per the requirements of the City Development Code, the State Fish & Wildlife regulations commencing January 2021 and California Desert Native Plant Act.

16. Approved Uses. All new uses within the property boundaries shall be reviewed and approved by the Planning Division. Should the developer propose a more intensive use requiring additional parking spaces, additional employees, more restroom facilities, significant change from original conceptual landscaping plans, etc., the proposed use shall be presented for review by the Planning Division for compliance with the original approval. The new proposed use may be subject, but not limited to: A Modification to Conditional Use Permit, a new Location and Development Plan Application, and/or a Utility Feasibility Study application.

17. Required Approvals. The developer shall obtain the following clearances or approvals:
a. Verification from the Planning Division that all pertinent conditions of approval have been met, including any administrative development plan review approvals, as mandated by the Adelanto Municipal Code.
b. Building and Safety Department per the attached conditions of approval dated

8.11.21 c. Engineering Department/Public Works per the attached conditions of approval dated 8.20.21
d. San Bernardino County Fire Department, dated 9.16.21 and site plan dated

9.30.21 e. Mojave Desert AQMD
f. Caltrans
g. California Department of Fish and Wildlife
h. Any other required approval from an outside agency.
189
General Plan Amendment No. 21-01 (GPA 21-01),
Zone Change No. 21-01 (ZC 21-01),
Location & Development Plan No. 21-19 (LDP 21-19),
Tentative Parcel Map No. 20436 (TPM 20436)
Conditions of Approval

Page 4 ends

Prior to Issuance of Building Permits:

18. Development Impact Fees. The City of Adelanto has implemented development impact fees for various infrastructure and capital facilities needs generated by new development. These fees will provide for various capital facilities including, but not limited to, roads, parks, flood control and drainage, public facilities, and firefighting facilities. This project shall be subject to all such existing and future development impact fees, which are in effect at the time building permits are issued.

19. Building Plans. Building plans shall be reviewed and approved the Planning Department for conformance to the Conditions of Approval and the approved Development Plan prior to issuance of a building permit.

20. Signed Approval Letter. A signed copy of the City’s approval letter shall be on file with the Planning Division. If ownership of the property or the developer of the property has changed since the original approval or issuance of grading permits, a new copy of the City approval letter shall be signed by the current development parties.

21. Equipment Screening. All mechanical equipment and vents, ground or rooftop shall be screened from public view. Roof gutters and downspouts are not permitted on the exterior of the building unless integrated into the architecture of the building. In addition, all screening shall be an integral part of the building, details of which shall be provided to the Planning Division for review and approval. Any proposed change shall be reviewed and approved by the Planning Division.

22. Signage. Proposed signs for this development shall require a separate application approval by the Planning Division prior to installation. Furthermore, all signs proposed for this development shall remain in full compliance with all City sign regulations at all times.

23. Landscaping. The developer shall submit three (3) copies of construction level Landscape and Irrigation Plans to the Planning Division, accompanied by the appropriate filing fee. The plans shall be prepared by a registered landscape architect and include the location, number, genus, species, and container size of the plants. The cover page shall identify the total square footage of the landscaped area and note how it is to be maintained. Use of water efficient fixtures and drought tolerant plants is required. Landscaping shall consist of native or drought-tolerant plants capable of surviving the desert environment and climate with a minimum of maintenance and supplemental watering. A list of plants determined capable of meeting this criterion is contained in Section 17.60.080 .

All landscaping and irrigation systems shall follow Section 17.60 of the Adelanto Municipal Code. Plans will be reviewed and approved by the Planning Division. 190
General Plan Amendment No. 21-01 (GPA 21-01),
Zone Change No. 21-01 (ZC 21-01),
Location & Development Plan No. 21-19 (LDP 21-19),
Tentative Parcel Map No. 20436 (TPM 20436)
Conditions of Approval

Page 5 ends

A minimum of 5% of the project site shall be landscaped, exclusive of areas within the public right-of-way as per the conceptual landscape plans presented to the Planning Commission and shall be in compliance with the Mixed Use regulations of the Municipal Code. The developer shall be responsible for planting landscaping in compliance with Section 17.60 of the Adelanto Municipal Code, entitled “Water Conservation/Landscaping Ordinance”, including but not limited to native droughttolerant plants and efficient irrigation systems. Species shall follow Section 17.60.80.

24. Parking and Loading. The entire project shall provide a minimum of 546 parking spaces upon completion including ADA spaces. One loading zone and 50 bicycle parking shalls also be provided as shown on the approved site plan. All parking spaces and access areas shall meet the City’s requirements.

25. Archeological Resources. If prehistoric or historic resources over 50 years of age are encountered during land modification, then activities in the immediate area of the finds shall be halted so that an archaeologist can assess the find, determine its significance, and make recommendations for appropriate mitigation measures. A historical resources management report shall be submitted by the professional to document the monitoring, to evaluate resource significance and integrity, and if necessary, to evaluate project impacts and propose mitigation measures to mitigate potential adverse impacts. If archeological resources are encountered during grading, ground disturbance activities shall cease so a qualified archeological monitor can evaluate the resources. If discovered resources merit long-term consideration, adequate funding shall be provided to collect, curate and report their resources in accordance with standard archaeological management requirements. If the City finds that a developer encounters cultural resources and fails to notify th Division, the City will place those responsible for the destruction of historic and archaeologically significant resources on file with the County of San Bernardino and the State of California, Office of Historic Preservation.

26. Paleontological Resources. If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity. If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the Earth Sciences Division of the San Bernardino County Museum.

27. Human Remains. If human remains are encountered on the property, then the San Bernardino County Coroner's Office MUST be contacted within 24 hours of the find, and all work halted until a clearance is given by that office and any other involved agencies.

Contact the County Coroner at either 1) 15329 Bonanza Road, Unit 8, Victorville, CA 92392 or (760) 955-8535; or 2) 175 South Lena Road, San Bernardino, CA 92415- 0037 or (909) 387-2978.

28. Abandoned Wells. Any abandoned wells on the property or similar structures that might result in groundwater contamination shall be destroyed in a manner approved by the City and San Bernardino County Environmental Health Department. 191
General Plan Amendment No. 21-01 (GPA 21-01),
Zone Change No. 21-01 (ZC 21-01),
Location & Development Plan No. 21-19 (LDP 21-19),
Tentative Parcel Map No. 20436 (TPM 20436)
Conditions of Approval

Page 6 ends

Prior to Certificate of Occupancy:

29. Security Plan. Security Plan shall be in place pursuant to Section 17.30.180 of the Adelanto Zoning Code.

CONSERVATION

30. Mandatory Organic Recycling in accordance with AB 1826. Contact Burrtec – Robert Rios ([email protected]) for recycling information.

31. “Saving by Design” Southern California Edison Energy Efficiency – Contact Maya Aubrey [email protected] for electrical efficiency information. .
192

SRC COMMENTS
* * * BUILDING & SAFETY * * *
Planning Case File No(s): GPA 21-01, ZC 21-01, LDP 21-19, TPM 20436 Case Planner: Mary Blais
Applicant: Frontier Communities
Location: North west corner of Palmdale Road & Verbena Rd Project:

Proposal for General Plan Amendment and Zone Change to change the General Plan and Zoning Designation from Commercial to Mixed Use and location & Development Plan to construct 200 two story apartment units, and 9000 sf retail center on 13 acre parcel. North west corner of Palmdale Road & Verbena Road.

North
Associated
Cases:

Reviewed By: Timothy J Dicorato, CBO Date: 08-11-2021

SPECIFIC COMMENTS

GENERAL CONDITIONS

1. Shall comply with the latest adopted State of California 2019 editions of the following codes as applicable:

A. 2019 California Building Code
B. 2019 California Electrical Code
C. 2019 California Mechanical Code
D. 2019 California Plumbing Code
E. 2019 California Energy Code
F. 2019 California Fire Code
G. 2019 California Green Building Standards Code
H. 2019 Title 24 Accessibility regulations

2. All signs if any shall be Underwriters Laboratories, or equal, approved.

3. The buildings will be required to have Fire Sprinklers.

4. Proper Fire Access will have to be provided to the site and for each building. 193

5. Each building and the site will have to comply with the ADA and Title 24 Access regulations.

PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT

1. The Grading plans shall be submitted to Engineering for review and approval prior to the issuance of the building permit.

2. The final compaction report shall be completed reviewed and approved prior to the issuance of the building permit.

3. The pad certification shall be reviewed and approved prior to the issuance of the building permit.

4. The Fire Sprinkler Plans will have to be submitted for review and approval.

5. The property and the site will be required to have proper fire access.

FIRE CONDITIONS

1. Fire Conditions will be provided by San Bernardino County Fire 194
San Bernardino County Fire Department
San Bernardino Office²
SBGC
North Desert Office²
HDGC
East Valley Office²
San Bernardino City
South Desert Office
(909) 387-4140 (760) 995-8201 (909) 918-2201 (760) 995-8201 Date:

Project Name: Adelanto Mixed Use Apartments
Project Description: Hello,
I was only able to put one APN number in the system,
but this project will be built on two parcels:
310341106 & 310341107.

This project consists of 200 apartments, a Rec Center,
Tot Lot, Dog Park, and a Commercial / Retail space.

Please note that the site plan was reviewed and
flushed out with Curtis Markloff through the
Preliminary Review Application process with the City of Adelanto to make sure there are two access points
provided. Due to Caltrans restriction related to access in and out of Palmdale Road / Hwy 18, the EVA access
was deemed acceptable by both Caltrans and Curtis
on behalf of the Fire District.

The preliminary review of this project was done under
the City of Adelanto's Preliminary Review Submittal
process and the project number was PR 21-08.

Please let me know if you have any questions or
concerns and I look forward to working with you.

Matthew Gevergiz
909-354-8044
Permit Number: FPLN-2021-00126
Location: , ADELANTO, CA 92301
APN: 3103-411-06-0000
Project Type: Site Plan Review
City Project Proposal: ADELANTO
09/16/2021

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195
Sincerely,
The Office of the Fire Marshal
Community Safety Division
San Bernardino County Fire Department
Dear Applicant,
With respect to the conditions of approval regarding the above referenced project, the San Bernardino County Fire Department requires the following fire protection measures to be provided in accordance with applicable local ordinances, codes, and/or recognized fire protection standards.

The Fire Conditions Attachment of this document sets forth the FIRE CONDITIONS and STANDARDS which are applied to this project.

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196

FIRE CONDITIONS ATTACHMENT
Date: 09/16/2021
Permit Number: FPLN-2021-00126
Location: , ADELANTO, CA 92301
APN: 3103411060000

FIRE CONDITIONS AND STANDARDS
Access
The development shall have a minimum of ____2____ points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height.

Access Maintenance Agreement
Access Maintenance Agreement. The applicant shall submit a written agreement signed by the applicant to either provide, or to contract to provide, on-going road maintenance, vegetation maintenance, and snow removal (where applicable) for primary access routes, secondary access routes, and all internal drives, that are not otherwise maintained by a public agency.

Building Plans
Building plans shall be submitted to the Fire Department for review and approval.

CDP
"CDP. The project applicant shall submit for review and approval a ""Composite Development Plan"" (CDP). The following statements shall be placed verbatim on the CDP. a. Fire Jurisdiction. This project is protected by the San Bernardino County Fire Department. Prior to building permits being issued on any parcel, the applicant shall comply with the adopted Uniform Fire Code requirements and all other applicable codes, ordinances, and standards of San Bernardino County and local Fire Department standards. b. Fire Requirements. Individual lot owners shall be required to provide their own fire protection measures as determined and approved by the Fire Department prior to any building permit issuance. Fire protection measures may include Fire Department approval of Individual fire protection water systems (e.g. fire flow) for each lot, Automatic fire sprinklers for all structures, Surfacing of access roads and driveways.

Fire Alarm - Automatic

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197
An automatic fire sprinkler monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall hire a Fire Department approved fire alarm contractor. The fire alarm contractor shall submit detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

Fire Alarm - Manual
A manual, automatic or manual and automatic fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall hire a Fire Department approved fire alarm contractor. The fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

Fire Extinguishers
Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department.

Fire Fee
The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division.

Fire Flow Test
Your submittal did not include a flow test report to establish whether the public water supply is capable of meeting your project fire flow demand. You will be required to produce a current flow test report from your water purveyor demonstrating that the fire flow demand is satisfied. This requirement shall be completed prior to combination inspection by Building and Safety.

Fire Lanes
The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan.

Fire Sprinkler-NFPA #13
An automatic fire sprinkler system complying with NFPA Pamphlet #13 and the Fire Department standards is required. The applicant shall hire a Fire Department approved fire sprinkler contractor. The fire sprinkler contractor shall submit plans to the with hydraulic calculation and manufacturers specification sheets to the Fire Department for approval and approval. The contractor shall submit plans showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal.

Hydrant
Your project meets fire flow however the fire hydrant shown in your submittal is in excess of the required spacing and/or a substandard fire hydrant. You will be required to install an approved fire hydrant within 300 feet (as measured along vehicular travel- ways) from the driveway on the address side of the proposed structure. This requirement shall be completed prior to combination inspection by Building and Safety.

Hydrant Marking

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198
Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road.

Jurisdiction
The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein ´Fire DepartmentµPrior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances and standards of the Fire Department.

Key Box
An approved Fire Department key box is required. In commercial, industrial and multi-family complexes, all swing gates shall have an approved fire department Knox Lock.

Override Switch
Where an automatic electric security gate is used, an approved Fire Department override switch (Knox ®) is required.

Residential Addressing
The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one half (½) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street. Where the building is fifty (50) feet or more from the roadway, additional contrasting four (4) inch numbers shall be displayed at the property access entrances.

Roof Certification
A letter from a licensed structural (or truss) engineer shall be submitted with an original wet stamp at time of fire sprinkler plan review, verifying the roof is capable of accepting the point loads imposed on the building by the fire sprinkler system design.

Sprinkler Installation Letter
The applicant shall submit a letter to the Fire Department agreeing and committing to installation of a fire protection system prior to the building inspection for drywall and insulation.

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199
Water System Commercial
A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. Fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways) and no more than three hundred (300) feet from any portion of a structure.

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Project: LDP 21-19
Date: August 20, 2021
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ENGINEERING DEPARTMENT
General Recordation Conditions:

1. Approval of this project in no manner obligates the City of Adelanto to extend water service, or sewer service, or improve streets, or extend any other infrastructure to service this development.

2. Should Mello-Roos, or Community Facilities Districts, or Community Service Districts, or Assessment Districts, or other special financing districts be formed to provide for City Infrastructure or City Services, this project shall annex into the districts and pay all fees associated with annexation into the districts, and the applicant shall agree to waive the right to protest the formation of said districts.

3. Prior to the approval of any improvement plans and the commencement of any construction associated with the development, the Developer shall be responsible for obtaining all necessary dedications of rights-of-way for offsite infrastructure improvements, right-of-entry for offsite grading, and easements for ingress, egress, drainage, utilities and other legal requirements for impacts associated with the development of this project, as determined and directed by the City Engineer. If the Developer cannot acquire a property interest in property required for off-site improvements, Government Code § 66462.5 shall apply and the City retains the right to:
a. Require the Developer to enter into an agreement to complete the improvements pursuant to Government Code § 66462 at such time as the City acquires an interest in the land that will permit the improvement to be made;
b. Require the Developer to pay the cost of acquiring the offsite real property interests required in connection with the subdivision.

4. The design of all public infrastructure elements shall conform to the requirements of the City General Plan and the current edition of the City’s standard specifications for construction, and any alterations required and approved by the Public Works Department and Engineering Department staff.

5. The following plans and reports shall be prepared by a California licensed civil engineer prior to any site development or disturbance of the natural vegetation of the site. All required plans shall be drawn in ink at an appropriate scale on Mylar sheets, for approval by the City Engineer.

Improvement plans for all of the conditioned improvements shall be submitted to the City and reviewed and approved by the City Engineer. All of the conditioned improvement plans shall be approved by the City Engineer concurrently for review.
201
Project: LDP 21-19
Date: August 20, 2021
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NOTE: All engineering plans submitted for plan check shall include the above CUP/LDP numbers on the title sheet for reference. a. Street Improvement Plan/Profile per Caltrans requirements, plus Title/Index, Striping and Detail Sheets.
b. Street Lighting Plan 1” = 40’. This could be shown as part of the street improvement plan.
c. Precise Grading Plan 1" = 20', A grading plan conforming to the requirements of the Uniform Building Code, appendix 33 1997 edition, shall be prepared and submitted to the City Engineer for approval.

Erosion control plan shall be included with the grading plan submittal. d. Onsite Underground Utility Plan at 1" = 40’ showing the location of all undergrounded utilities including sewers, water, storm drain, gas, electric, telephone, and data and cable television lines. This plan shall be shown schematically based on plans prepared by utility agencies to illustrate the location of any access valves, manholes and hand holes.

Reports Required:
a. Soils Report. A soils report as prepared by a California licensed geotechnical engineer skilled in soils/foundation investigations shall be submitted for review by the Engineering Department staff along with the first submittal of Street Plans and/or other improvement plans for review.

Within the required soils report special attention shall be directed to the rip ability of the proposed road cuts and stability of manufactured slopes.

The geotechnical engineer shall determine the setback requirements to support loading without failures in the soil mass and provide pavement recommendations.
b. Hydrology Report. A detailed drainage plan to the satisfaction of the City Engineer shall be prepared by a licensed Civil Engineer and submitted to the City for approval. The project must accommodate existing drainage flows that impact the project site and impact access to the project site and mitigate offsite drainage that impacts the project. The project must mitigate the increase onsite runoff from pre-development to postdevelopment flows. c. Water and sewer feasibility studies. See “Sewer Improvements” and “Water Improvements” below.
d. A draft BMP maintenance agreement shall be included with the plan check submittal.

6. Proper Security Bonds at prevailing wage costs of the improvements shall be posted with the City for all the conditioned and required improvements that are to be publicly dedicated, including the setting of proper monumentation for the 202
Project: LDP 21-19
Date: August 20, 2021
3O:\Planning\Projects\General Plan Amendments\GPA 21-01 Frontier Apts (see ZC 21-01, LDP 21-19 TPM 20436)\PC HEARING 12.1.21 subdivision. Prior to issuance of any permits to construct any improvements, the developer shall enter into an improvement agreement to construct the project improvements per City approved plans and post securities with the City of Adelanto to guarantee completion of construction and payment of labor and materials and one-year warranty of the improvements. These securities shall be provided by the Developers and all assignees and successors to the City.

The following are the required security amounts and release procedure:
a. The developer shall at all times guarantee performance of this entitlement by furnishing to the City, and maintaining, good and sufficient Security as required by the City on forms approved by City for the purposes and in the amounts as follows:
i. To assure faithful performance of this entitlement in regard to said Improvements in an amount of 100% of the estimated cost of the Improvements; and
ii. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this entitlement in the additional amount of 100% of the estimated cost of the Improvements; and
iii. To guarantee or warranty the work done pursuant to this entitlement for a period of one year following Acceptance thereof by City against any defective work or labor done or defective materials furnished in the amount of 20% of the estimated cost of the Improvements.
b. Release of Security. Subject to approval by the City, the Security required by this entitlement shall be released as follows:
i. Security given for faithful performance of any act, obligation, work or agreement shall be released upon Acceptance of the
Improvements, subject to the provisions of subsection (b) hereof. ii. In accordance with the requirements of Government Code Section 64999.7, the City Engineer shall allow a partial release of faithful performance Security pursuant to the following procedures. No partial release of Security for labor and materials shall be allowed.

1. Developer shall have one opportunity to engage in the process of pre-warranty partial release of performance
Security as described in this subsection (b) between the start of work and completion and acceptance of all work on the Improvements. The process allowing for a partial release of performance Security shall occur only when the cost estimate of the remaining work does not exceed
twenty percent (20%) of the total original performance
Security.
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Date: August 20, 2021
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2. At such time that the Developer believes that the
obligation to perform the work for which the performance Security was required is complete, the Developer may
notify the City Engineer in writing of the completed work and request a warranty bond walk. This notice shall
include with such notification a written list of work
completed. Upon receipt of the written notice, the City Engineer shall have twenty (20) business days to review and comment or approve the completion of the required
work. If the City Engineer does not agree that all work has been completed in accordance with the plans and
specifications for the Improvements, he or she shall
supply to the Developer a list of all remaining work to be completed.

General Grading Conditions:

7. Prior to the Issuance of a Grading Permit the following must be completed. a. Native Vegetation Removal Permit & Joshua Tree Survey. Prior to the disturbance of any native indigenous plant life, a Joshua Tree Survey must be performed by a qualified consultant to determine the chances for successful relocation of existing plant life.
b. Grading Plan must be approved by the City Engineer prior to the issuance of the grading permit.

8. During grading operations the following must be observed:
a. All grading for the site shall be confined to the property limits unless the Developer first secures letters of permission to grade across property lines from any affected adjacent property owners.
b. Compaction Report. Any grading and/or utility excavations and backfilling, both on and off site, shall be done under the continuous direction of a licensed geotechnical engineer who shall obtain all required permits and submit progress reports and test results to the Engineering Department staff for review and approval as determined by the City. Upon completion of all soils related work, the geotechnical engineer shall submit a final report to the Engineering Department staff for review and approval, which may require additional tests at the expense of the Developer. i. All soils within street improvements must be compacted to 90% and 95% within twelve inches of surface.
c. No un-bound or re-vegetated soil shall be left exposed to wind erosion. If construction operations have not begun within a short duration then the developer shall immediately provide proper soil erosion management techniques including chemical soil binding and re-vegetation of graded pads, or an equivalent technique approved by the Engineering Department staff.
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Project: LDP 21-19
Date: August 20, 2021
5O:\Planning\Projects\General Plan Amendments\GPA 21-01 Frontier Apts (see ZC 21-01, LDP 21-19 TPM 20436)\PC HEARING 12.1.21 General Construction Conditions:

9. The City of Adelanto shall be “added insured” on all insurance policies for construction of this project. Proof of insurance shall be provided prior to start of construction.

10. All monuments shall be referenced or reset in accordance with the Business and Professions Code.

11. All improvements shown on the approved plans, as required by the City Engineer, shall be constructed prior to occupancy of any dwelling. All infrastructure improvements required by these conditions of approval, must comply with the City’s standards, Greenbook (latest edition) and any specific requirements established in these conditions of approval. Any existing infrastructure failing to meet these requirements must be removed and reconstructed at the developer’s expense to meet requirements described in these conditions of approval and current City Standards.

12. During construction, temporary pedestrian and traffic control devices shall be constructed as deemed necessary by the City Engineering and Public Works Department staff at locations where construction traffic disrupts normal traffic.

Such measures and devices shall include but are not limited to: flagmen, barricades, portable electric traffic signals and street sweeping.

13. Utility plans must be approved by the City Engineer prior to installation. a. No utility access point, manholes, vaults, or air vents shall be located within sidewalks or pedestrian travel ways or within 12” of curb and gutters.
b. All utilities shall be installed underground to all lots per Public Utilities Commission requirements. No aboveground utility lines shall be permitted within or adjacent to this subdivision for the utilities servicing this project.

All aboveground structures shall be located inside either the City Right-ofWay or a dedicated utility easement and located outside of the pedestrian walkways.

14. Inspection. The Developer shall at all times maintain proper facilities and safe access for by city inspectors and to the businesses or residences wherein any construction work is in progress. Upon completion of the work the Developer shall request a final inspection by the City Engineer.

15. The Developer shall obtain all required right-of-way dedications needed for the required improvements prior to final approval of improvement plans, issuance of any permits, and approval of Final Map, and the Developer shall construct and complete all street improvements required for the phase of the subdivision prior to issuance of any building permits for that phase of the subdivision, and as directed by the City Engineer.

16. Paved access points and means of emergency vehicle turn-around must be approved the Fire Department. All terminating paved accesses 205
Project: LDP 21-19
Date: August 20, 2021
6O:\Planning\Projects\General Plan Amendments\GPA 21-01 Frontier Apts (see ZC 21-01, LDP 21-19 TPM 20436)\PC HEARING 12.1.21 longer than 150 feet must have proper standard fire turn around or as approved by the Fire Department.

17. Final sections shall be approved by Caltrans prior to construction, which shall be submitted along with the soils report & recommendations based on Rvalue & Traffic Index, and shall substantially conform to the sections submitted with the first submittal of the street improvement plans.

18. Streets shall not be paved until all underground utilities are installed.

19. There shall be no intersecting street centerlines greater than or less than 90° (+/- 10°) degrees unless otherwise approved by the Engineering Department staff.

20. All curb heights and gutter widths shall be based on requirements as set forth by the Hydrology/Hydraulics Report and City Standards and approved by the Engineering Department staff.

21. All covers for utility manholes, valves, and vaults shall be adjusted to final grade after final paving.

22. Street asphalt concrete pavement shall be placed in multiple lifts depending on design asphalt thickness with the final lift placed after the Repair & Replace (R&R) and Point & Patch is completed.

23. Prior to the time lumber is deposited on site for approved construction in a specific phase, all curbs, gutters and pavement shall be completed within that phase area and compaction reports for utility trenches and street base shall be approved. Model complexes are excluded from this condition but are required to provide access and fire flow in a manner as approved by the Fire Department.

24. Sleeves for lighting and landscape purposes will be allowed in the public street right-of-way when necessary, subject to the approval of the Engineering Department staff.

25. Sewer wyes and laterals shall be installed to the edge of right-of-way in front of all existing structures for existing or proposed sewer mains to City Standards, where street improvements are proposed along said sewer mains.

Street Improvement Conditions:

26. Prior to the issuance of any building permits, the following street dedications and improvements shall be completed. The Developer shall be directly and solely responsible for the mitigation of impacts related to existing traffic levels plus project traffic prior to recordation of the final map. The Developer construct and complete all street improvements prior to issuance of building permits, or as directed by the City Engineer. Any requirements by Caltrans that are in excess of the following street improvement conditions shall govern.

27. Offsite street dedications are as follows:
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Project: LDP 21-19
Date: August 20, 2021
7O:\Planning\Projects\General Plan Amendments\GPA 21-01 Frontier Apts (see ZC 21-01, LDP 21-19 TPM 20436)\PC HEARING 12.1.21 a. Dedication for street and utility purposes to provide for Major Collector half-width of 40 feet for the west half of Verbena Road along the east boundary of the site.
b. Dedication for street and utility purposes to provide for a Highway half-width of 65 feet for the north half of Highway 18 along the south boundary of the site.

28. Offsite street improvements are as follows:
a. Verbena Road shall be constructed to half-width of 32 feet wide, centerline to curb, consisting of a minimum of 4 inches of asphalt concrete over 6 inches of Class 2 base material, or per “R” value test for a Traffic Index of 10.0, whichever is greater, 8" concrete curb and gutters, per City Standard 109 Type C.
b. Highway 18 shall be constructed to half-width of 52 feet wide, centerline to curb, consisting of a minimum of 6 inches of asphalt concrete over 8 inches of Class 2 base material, or per “R” value test for a Traffic Index of

13.5, whichever is greater. All improvements for Highway 18 are shall be submitted to Caltrans for review and approval.

29. All utility tie-ins and other work that disturbs existing public right of way improvements shall be restored per City Encroachment Permit Provisions, or as directed by the Engineering Department staff:
a. Any disturbance of pavement newer than 12 months requires the entire area of the disturbed pavement and the entire width of any travel lane disturbed to be cold-planed (ground down) a tenth of a foot (0.1 feet) and resurfaced with AC, PG 70-10, as directed by the Engineering Department staff.
b. All disturbed sections of pavement older than 12 months must be trenched according to City Standards, permanently resurfaced using the minimum of the existing AC plus one (1) inch of AC and six (6) inches of Class II base. The resurfaced areas shall remain in place for a minimum of thirty (30) days and a maximum of forty-five (45) days. Then after that period is over, the resurfaced area and the entire width of any travel lane disturbed are to be cold-planed (grinded down) a tenth of a foot (0.1 feet) and resurfaced with AC, PG 70-10, as directed by Engineering Department staff. If this leaves a width less than three (3) feet not being resurfaced on a side then that section must also be resurfaced. c. Any disturbance of existing concrete work shall be considered reconstruction and must meet current A.D.A. standards. Reconstruction must consist of full concrete saw cut panels, as directed by the Engineering Department staff.

30. Developer shall pay the applicable Transportation Development Impact Fee.

31. The Developer shall design and construct a street lighting system to the requirements of the American National Standard Practice for Roadway Lighting, and as directed by City of Adelanto Public Works/Engineering Department staff subject to city of Adelanto review and approval. 207
Project: LDP 21-19
Date: August 20, 2021
8O:\Planning\Projects\General Plan Amendments\GPA 21-01 Frontier Apts (see ZC 21-01, LDP 21-19 TPM 20436)\PC HEARING 12.1.21 a. Streetlights shall be energized when installed and maintained by the developer for eighteen months, after which the City of Adelanto shall maintain the lights. A single street light near the north driveway should meet the spacing criteria shown below.

Traffic Safety:

32. The Developer shall be directly and solely responsible developing a traffic control plan to mitigate the impacts of construction activity to existing traffic.

Traffic control plans are subject to approval to the City Engineer.

33. Street name signs and traffic control devices, including full-width striping and striping transition into existing paving, shall be constructed in accordance with the approved plans and designed per the Manual on Uniform Traffic Control Devices and City Standards at the time of construction as directed by the City Engineer. Street names for this project shall be submitted to the Engineering Department for City Council approval.
a. All signposts shall be installed with anchors when installed into concrete. b. All street name signs shall be installed on 12-inch cap brackets. c. Any sign or post removed by the developer shall be returned to the Street Department undamaged and not vandalized.
d. All striping, onsite and offsite, shall be installed by the developer. This includes “STOP” and stop bars at all “STOP” signs, fog lines and any other traffic safety striping that may apply as directed by the Street Department.
e. Curbs must be painted red 7.5 feet on each side of center in front of all fire hydrants.
f. Curbs must be painted white 7.5 feet on each side of center with 3- minute max stenciled of the curb in front of all mailboxes. 208
Project: LDP 21-19
Date: August 20, 2021
9O:\Planning\Projects\General Plan Amendments\GPA 21-01 Frontier Apts (see ZC 21-01, LDP 21-19 TPM 20436)\PC HEARING 12.1.21 g. Each street section shall have a posted speed limit sign as directed by Engineering Department staff.

Sewer Improvements:

34. Sewage disposal shall be consistent with the project Feasibility Study (the City will accept studies within 1 year from the date of Recordation of final map which may be extended 1 additional year) and the developer shall pay all fees pursuant to the current Feasibility Study at the time of building permit.

35. The applicant shall connect to the City sewer system and pay all associated fees (connection fee, permit fee, inspection fee, etc.) in compliance with the Adelanto Public Utility Authority. The design shall conform to the City adopted sewer master plan and as required by the City Engineer. The sanitary sewer system shall be designed and constructed to collect and convey sewage to the City’s Wastewater Treatment Plant.

Water Improvements:

36. Water service shall be consistent with the Feasibility Study (city will accept studies within year from the date of Recordation of final map which may be extended 1 additional year) and the developer shall pay all fees pursuant to the current Feasibility Study at the time of building permit.

37. The Developer shall comply with all requirements of the Adelanto Public Utility Authority (APUA).

38. Water Improvement Design for the project shall conform to the City’s adopted Water Master Plan and per requirements of the City Engineer. All backflow devices shall be installed by the developer.

39. All water valves and vault covers within paved areas shall be raised to finish surface and painted after completion of paving.

40. All fire hydrants, air vacuums and all other above ground water facilities shall be placed within the sidewalk areas while maintaining a clear 4-foot wide pedestrian travel way. Water meter boxes and vaults, valve covers, etc., may be placed within sidewalks or paved areas provided such devices are set flush with finished surfaces as approved by the Engineering Department.

41. A set of water improvement plans shall be submitted to the San Bernardino County Fire Department for comment and review. At the time of the second plan check submittal, water improvement plans with the Fire Departments’ corrections incorporated therein shall be submitted to the City Engineer along with the “redline” commented plans from the Fire Department.

42. Fire protection plans shall be designed per the requirements of the Adelanto Fire Marshall. Fire protection shall include but is not limited to:
209
Project: LDP 21-19
Date: August 20, 2021
10O:\Planning\Projects\General Plan Amendments\GPA 21-01 Frontier Apts (see ZC 21-01, LDP 21-19 TPM 20436)\PC HEARING 12.1.2 a. Fire hydrants shall be spaced no more than 300 feet apart along all street frontages.
b. Fire hydrants shall be set to a level for “safe break away” and easy access, per the Water Department.
c. Blue dot identification on final pavement will be required for all hydrants installed.

Drainage Improvements:

43. The Developer shall prepare a hydrology and hydraulic calculations report to demonstrate that the post development flows proposed to be discharged into and through existing or any other storm drainage facilities do not exceed the maximum flows for which said facilities are designed. This shall be subject to review and approval of the City Engineer. The Hydrology and comprehensive drainage plan must be prepared by a licensed civil engineer to the satisfaction of the City Engineer and the Hydrology Report shall identify offsite flows that impact the proposed development and identify the increased onsite runoff flows. The Study shall address how the proposed development shall accept offsite flows that impact the proposed development and demonstrate how the proposed development will safely pass through the offsite flows while protecting the proposed development and maintaining to all-weather paved points of access to the community. Also, the Study shall demonstrate the how the proposed development will reduce the increased onsite post-development runoff to less than 90% of predeveloped drainage runoff flows. This study shall substantially conform to the accepted Adelanto Master Plan of Drainage and correlate with the submitted improvement plans. This study shall be engineered using County of San Bernardino Flood Control methodologies and included calculations, maps, diagrams and a written conclusion that contains recommendation of how offsite flows and increased onsite runoff shall be mitigated. a. The Subdivider or Developer shall be responsible for obtaining all necessary permits and permissions from the department of Fish and Game and the Army Corps of Engineers and from any other regulatory agency for the alterations to any of the watercourses that are impacted by the proposed development.
b. All finished building floor elevations shall be 1.0 feet higher than the 100- year base flood elevations.

44. Prior to construction of any improvements or prior to any land disturbance, the Developer shall construct temporary drainage facilities and establish erosion control practices as necessary to minimize storm runoff and erosion and silt deposition. All construction storm drains, catch basins, the storm water runoff structures shall be provided with adequate capabilities to filter and retain sediment, grit, oil and grease to prevent pollution in storm water runoff, in compliance with the State Water Board Best Management Practices. The Developer shall obtain a National Pollutant Discharge Elimination System (NPDES) General Permit for storm water discharges 210
Project: LDP 21-19
Date: August 20, 2021
11O:\Planning\Projects\General Plan Amendments\GPA 21-01 Frontier Apts (see ZC 21-01, LDP 21-19 TPM 20436)\PC HEARING 12.1.2 associated with construction activities, as directed by the California Water Resources Control Board and approved by the Engineering Department staff.

During construction, all NPDES guidelines will be in full force and all Best Management Practices (BMP) shall be followed.

45. The Developer shall provide adequate mitigation for storm drainage to avoid concentrating or increasing offsite flows, subject to review and approval by the City Engineer.

46. A BMP Maintenance Agreement must be prepared for all post-construction BMPs onsite. Proof the agreement is recorded with the property shall be provided prior to final occupancy.

47. In order to mitigate the drainage impacts of this project the developer shall perform the following:
a. The Developer shall pay the City’s full Drainage Facility Development Impact Fee and any other Drainage fees that may be in place at the time of building permit issuance as a Drainage mitigation measures for this project.

If the Development Impact Fee collection is deferred from the time of building permit issuance to the time of issuance of the certificate of occupancy, the developer shall pay the Development Impact Fees that are in place at the time of occupancy.

Park and Landscaping:

48. Prior to the grading permit for any phase of development, the Developer shall prepare final improvement plans for the landscaping and irrigation of landscaped areas, and all open spaces. Said plans shall be prepared by a California licensed Landscape Architect and shall be subject to the review and approval of the Engineering and Planning Department staff.

49. A minimum five (5) foot irrigated landscape easement shall be provided between the edge of the sidewalk and the perimeter wall on all surrounding streets.
a. Landscaping shall be at the rate of one (1) tree and six (6) shrubs per 30 linear feet plus such vegetative cover necessary to cover a minimum of forty (40) percent of the total area with shrubs and ground cover.
b. Turf is prohibited within public rights-of-way.
c. Irrigation shall be designed to minimize maintenance and water consumption.
d. All slopes over three feet in height shall be fully landscaped and irrigated.

50. All easements and dedicated Right-of-Way land between the sidewalk and the perimeter masonry wall of the development, where applicable, shall be planted with drought tolerant vegetation and irrigation installed, as approved by the Development Services Department. Said landscape easement and landscaped area shall be maintained by the developer. The landscaped area 211
Project: LDP 21-19
Date: August 20, 2021
12O:\Planning\Projects\General Plan Amendments\GPA 21-01 Frontier Apts (see ZC 21-01, LDP 21-19 TPM 20436)\PC HEARING 12.1.2 will thereafter be the responsibility of the City upon final acceptance. All sidewalks adjacent to landscaping areas shall have a 6-inch garden curb at the back of the sidewalk between the landscaped area and the sidewalk to prevent runoff across sidewalk.
a. All plant spacing shall be approved by the Development Services Department and Title 17.

Onsite Improvements:

55. The tops of all cut slopes shall be in conformance with City Standards per the City Engineer. Retaining walls shall be utilized where required by Public Works Department staff to ensure that unusable and nonvisible slopes are not created.

56. No lot shall drain onto any property adjacent to the project. Lots shall be protected from storm runoff as approved by the Public Works Department staff.

57. Sewer and water service pipelines shall be placed outside of driveway areas unless otherwise approved by the Public Works Department staff.

58. All onsite parking must be on an impervious surface, asphalt or concrete, and shall be based on an R-Value conducted by a competent soils testing laboratory and Traffic Index acceptable to the City Engineer. 212
EXHIBIT J – OPPOSITION EMAILS RECEIVED FOR PC HEARING
From: Brenda Turner <[email protected]>
Sent: Monday, November 22, 2021 10:16 PM
To: Nyeka Allen <[email protected]>
Subject: Notice of public hearing response from a opposing HOMEOWNER To start, City of Adelanto,
I am opposed to the whole project especially the 200 two-story apartment units that will be placed within FEET and YARDS from my residence. This apartment ( TOWN ) will not only wipe out my view of the mountains from my back yard where I spend a lot of my time working and living in that I enjoyed for over 12 years now-I may have people able to see down into my yard.

It is already noisy from the traffic from Palmdale Rd. as it gets busier and busier every day from all the new homes built that have brought hundreds (thousands) of people here already.

An apartment consisting of 200 units :

1. brings approx. 1.5 cars per household equaling 350 more cars to already growing and congested roads.

2. Will bring approx. 400 more adults and 2 to 4 kids per family which equals 400 to 800 kids

3. The kids alone will overwhelm the 2 schools in the area Theodore Vick Elementary has 533 students 93% on free or reduced lunches Adelanto High has 2007 students, 84% free or reduced lunches

4. Crime to nearby homes like areas of Victorville who have similar settings with people stealing and breaking into cars, peering into windows, and taking anything not nailed down at 3am in the morning as caught on ring cameras, but not enough to find and prosecute.

Along with the flood of renters and the crime it brings with it, as most people looking to rent cheaper housing here have come from low-income and LA areas of crime, there will also be the homeless wanting to camp nearby because of the plaza and what it can offer to steal, panhandle, beg and just be an unpredictable drunk, drugged, or mentally disturbed nuisance. 213
I have lived here in this area for 12 years and in California for 42 years seeing the deterioration of many cities in general, but more so as large apartment clusters pop up in close proximity of single-family homes.

I and my neighbors have not had the support of the city especially in the past 3-4 years with the many complaints we have brought forward about trash dumped, broken down vehicles on the street and driveways, piles of trash at certain residences, etc. We have to complain online 3 to 4 times and even walk into the city about the same property(s) over a year span and still, the problem exists. When I first moved here, people in code enforcement addressed the violations right away. Now, I am not sure there is code enforcement at all.

I am not alone with the disagreement of this project and my long-time neighbors are as well. I see a disaster about to happen and my property values fall as the flood of people and crime it brings with it destroy this area. Look at North Adelanto as it is where the crime is, but now the city is going to allow this to happen here. I have a rental house next to me and we have had our share of bad tenants that lived there. The last ones had kids that brought drugs, gang bangers, and trouble here. Since they moved, there have been no break-ins, drugs, or gangs around.

Peaceful. This apartment building could bring that same kind of people times 200. How would you like this apartment and plaza in your backyard?
I know anything I say to this city will have no effect because I have attended many council meetings and they have already recorded what they were about to do or change and had the council meeting afterward instead of before. It is no secret that there has been a lot of corruption here. I also know that this is about profit and without any consideration to the nearby neighbors who worked hard to OWN their own homes. It sickens me that the city of Adelanto is going to change zoning to make a large corporation even richer without losing any sleep over the misery they are about to bring to our neighborhood. If I could afford to move, I would have already done it. I have put a lot of my talent, money, and time into my home and I do not have the resources to pick up and move. I can not express the amount of disappointment I have with this disaster this city is about to do.

I speak for myself and my neighbors (one who just up and sold) and many who are considering now too because they just gave up on this city and the people who run it.

What you will be stealing from me and my property value. 214
From: [email protected] <[email protected]>
Sent: Tuesday, November 30, 2021 9:20 PM
To: Nyeka Allen <[email protected]>
Subject: Adelanto Apartment Project
In reference to the 200 apartment building that Adelanto is changing zoning to accommodate a large corporation to build and make huge profits from, I am opposed to it! I am wondering what Adelanto has to gain from this?
I have lived here since 1993 when my home was built. I did plan to retire in this home, but with such a huge amount of people to be dumped on us in one project, how can I plan for the future here.

This apartment will bring 200 to 400 cars all at once in close proximity to my home and the streets I drive. It will bring maybe 200 to 600 or more kids to our two little schools. And it will bring mass crime to the area. We have seen what the home rentals have brought from the last recession in 2007 and since some of them have sold now to homeowners again, the crime has dropped in our area. The crime in north Adelanto has always been bad since I can remember, but our area has been quiet for the most part except for yesterday. We have a homicide investigation going on just down the street. This has shocked us all in our little area and we fear 215
that this apartment building will become the Adelanto projects because it will attract more likeminded individuals. It makes us all as neighbors sick that again Adelanto is changing the zoning for a no-good reason that does not benefit the residents, but as-we-see-it just benefits a moneyhungry corporation and city.

I can't say that I like the proposed plaza either because not only will the crime seekers from the apartment be hanging there, but the truckers will be staying across the street for days like the corner of Bellflower and Palmdale and that is just one gas station. It will also attract the homeless and their mess to camp in the nearby desert and who knows how much crime it will bring to my neighborhood that is one street away from it.

Again, Adelanto, you are making real bad decisions without our vote or consent like you always do.

No!!! to this lousy project.

From: headsnake59 <[email protected]>
Sent: Tuesday, November 30, 2021 11:00 PM
To: Nyeka Allen <[email protected]>
Subject: Dec 1st meeting agenda
My name is Steven Koch I live on Sierra Grande behind verbena directly behind were the new Apts will be located infact the pool will face my backyard. I am writing this email as I oppose any Apts being built right there. It will take away from our view that we love so much and will bring a level of traffic that we do not want. Also the noise that Apts bring will hurt the neighborhood I live in and love so much. I have spoken to many of my neighbors and not one of them are for these Apts being built. Please do not allow this to happen. Please respect the home owners and do not permit Apts to be built right there on verbena and Palmdale rd.

Thank you
Steven Koch
Sent via the Samsung Galaxy Note20 Ultra 5G, an AT&T 5G smartphone 216
From: Linda Barsomian <[email protected]>
Sent: Wednesday, December 1, 2021 2:05 PM
To: Nyeka Allen <[email protected]>
Cc: [email protected]
Subject: I Object to the proposal
Dear City Council,
We are writing to OBJECT to the proposal for a General Plan Amendment and Zone change to change the General Plan and Zoning Designation form Commercial (C) to Mixed Use (MU).

This proposal will bring an unwanted 200-unit apartment building and 9000sf of retail to a quiet, wellmaintained, high-end neighborhood in Adelanto. This will cause a lot of traffic, ruckus, vandalism, littering and loitering on our streets.

We purchased this house to get away from apartments. We made sure to look at the surrounding zones before purchasing. We looked forward to the Anchor stores in which the Adelanto city talked about putting in the proposed area, not 200-unit apartments.

We take pride in our beautiful neighborhood and have given Adelanto a new face, a charming character that welcomes families to purchase homes 400K and up.

Overall, we feel this proposal amendment is damaging to our neighborhood and not in the best interest of the area residents. We strongly urge you to deeply consider our pleas and not proceed with this proposal.

Sincerely,
Monsenior and Linda Foster
From: Alejandra Cornelio <[email protected]>
Sent: Wednesday, December 1, 2021 1:40 PM
To: Nyeka Allen <[email protected]>; Daniel Ramos <[email protected]>; Gabriel Reyes <[email protected]>; Joy Jeannette <[email protected]>; Stevevonna Evans <[email protected]>; Keron Jones <[email protected]> Subject: PLANNING COMMISSION ACTION ITEM 3 RESOLUTION P-21-26 Mayor, Mayor Pro Team, Council & Planning Commissioners, I DO NOT agree with the General Plan Amendment and Zone Change to change the General Plan and Zoning Designation from Commercial to Mixed Use in order to accommodate the uses proposed, and a Location & Development Plan to construct a two-story 200-unit apartments. 217
This will have a negative impact on my family and residents in our neighborhood. This plan will increase traffic and noise to our community. It will also bring problems such as; homeless individuals, alcohol/drug users, and crime to our community. Furthermore, it will decrease the quality of life we have established. We do not want the city to allow this change, we are already dealing with the impact from having the Shell station built on Bellflower and Palmdale, plus the roadway expansion on Palmdale.

Never were we provided with a notice of these proposed changes. My family and I were notified by other neighbors the night before. After talking, we agreed that this is not what we want for our community.

My fiancé and I moved to Adelanto from L.A two years ago because we wanted peace and quiet. Adelanto provided that, but that would not be the case if this change happens. We bought this home with the intent to stay, create, and raise a family here. We want to feel safe and I don't see that with these proposed changes. I really hope you can take mine and my concerned neighbor's thoughts/opinions into consideration. THIS IS NOT THE BEST DECISION FOR OUR COMMUNITY.

Please feel free to contact me with any further questions you may have.

Alejandra Cornelio
(323) 241-2668
[email protected]
From: Wilfredo Mendoza <[email protected]>
Sent: Wednesday, December 1, 2021 8:33 AM
To: Nyeka Allen <[email protected]>; Gabriel Reyes <[email protected]>; Daniel Ramos <[email protected]>; Joy Jeannette <[email protected]>; Stevevonna Evans <[email protected]>; Keron Jones <[email protected]> Subject: Planning commission resolution P-21-26 action item 3 Good morning,
218
I would like to voice my opinion and concerns
with regard to action item 3, RESOLUTION P-21-26. I was just informed of this and am not pleased to hear that once again we were not notified of the decisions that are being made without surveying the residents that would be affected by this.

This will have negative impact on me and the residents in my neighborhood. We do not want apartments built across the street from us! We do not need to bring down our quality of life, anymore than it has been with having allowed for a gas station on Bellflower St. and Palmdale Rd. Building apartments will only bring people who do not care about this community, increase crime, traffic and noise.

Contact me directly if you have any questions, I would gladly provide suggestions on what Adelanto Residents need for our community. Apartments and another car wash is not needed.

Will Mendoza
(909)440-4560
-----Original Message-----
From: ernie garcia <[email protected]>
Sent: Wednesday, November 24, 2021 10:24 AM
To: Nyeka Allen <[email protected]>
Subject: F&J enterprises,LLC
My name is Ernie Garcia, 60 yo, my family & I moved here at 14240 Rachel dr 10 years ago to get away from the crime in San Bernardino. This neighborhood is a good, clean, safe neighborhood where we are raising our families.

Please, please! Do not build a 200 unit apartment building right next to us! It will only attract easy access crime to us living in peace & security. The high school & jr high school is directly in the path in our community, not to mention the retail center that’s planned where more crime will breed from “gangsters” being brought in from bigger cities.

There has been “gang” graffiti already popping up on the walls near our mailbox around the corner from here, tagging 187. This 200 units apartments will only bring in outside wannabe gangsters & we don’t want any of our children in the way of flying bullets coming from different directions, we can’t afford any turf wars from different counties coming in & we no longer will be able to let our kids outside to play, fearing innocent children getting murdered like what happened in Pasadena a week ago.

Moving out of San Bernardino brought us relief knowing any time we return from shopping or a short vacation, we were 90% sure we won’t be coming home to a empty house from being robbed. With these 200 unit apartment building, that fear is brought back, I’m a handicapped 60 yo elder on disability, 219
helping to raise my grandson. We cannot afford to put up a fence, bars on our windows, security lights & cameras outside, especially the fear of walking outside in the morning & seeing our car gone, stolen, just like 2 months before moving up here from San Bernardino. Someone stole our truck from our driveway while we were asleep.

Lastly, we can’t afford to move either, we are home owners & don’t like the threat of leaving just because of some greedy developers want to make “ghetto money”, they don’t care in a few years, south Adelanto property values will plummet bringing in the worst of the worst tenants from L A county where being a gangster is a way of life to them. These greedy developers live in million dollar homes in Orange County, far from us.

Sent from my iPhone
220

CITY COUNCIL AGENDA REPORT
DATE: January 12, 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, permitting 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), which will require reauthorization every (thirty) 30 days.

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 recommended social distancing; or 221

2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of 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.

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.

FISCAL IMPACT:

There is no fiscal impact to the City.

ATTACHMENTS:

Resolution No. 22-03
222
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RESOLUTION NO. 22-03

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 AUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM JANUARY 12, 2022 THROUGH FEBRUARY 11, 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, on December 13, 2021, the California Department of Public Health reissued a universal masking requirement, regardless of vaccination status, from December 15, 2021 through January 15, 2022, on January 5, 2022, the Department of Public Health extended the requirement for universal masking requirements through February 15, 2022; 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 in 223
RESOLUTION NO. 22-03
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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, the City continues to recommend measures to promote social distancing which include requiring staff and civilians wear masks in City buildings as well as posting COVID19 safety measures throughout City buildings and on the City’s social media accounts, as well as requesting each employee fill out a “Self-Attestation Form” regarding their receipt of the COVID19 vaccine; and WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic 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 meet 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 224
RESOLUTION NO. 22-03
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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 starting January 12, 2022 until the earlier of February 11, 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.
[Signatures on the following page]
225
RESOLUTION NO. 22-03
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PASSED, APPROVED AND ADOPTED this XX day of XXXXX, 20XX. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
226
RESOLUTION NO. 22-03
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I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. XX-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this XX day of XXXXX, 20XX 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 XX day of XXXXXX, 20XX.
______________________________
Brenda Lopez, City Clerk
227
RESOLUTION NO. 22-04

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, PROVIDING FOR AN

APPOINTMENT TO THE PLANNING COMMISSION
WHEREAS, the Adelanto City Charter, Article XI, Section 1103. Appointment and Removal of Members provides that members of all commissions and boards of the City shall be appointed by the City Council and shall serve at the pleasure of said City Council.

Such appointment shall be made by resolution, adopted by the affirmative vote of not less than three (3) members of the City Council. Any vacancy on any board or commission, from whatsoever cause arising, shall be filled by resolution, carried by not less than three (3) affirmative votes of the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such terms.

WHEREAS, Council Member Evans has nominated to the
Planning Commission, for a term concurrent to the Council Members term.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:

The City Council ratifies Council Member Evans’s nomination and appoints to the Planning Commission.

PASSED, APPROVED AND ADOPTED this 12th day of January, 2022. ________________________________
Gabriel Reyes, Mayor
_____________________________
Brenda Lopez, City Clerk, CMC
228
RESOLUTION NO. 22-04
PAGE 2
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-04 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 13th day of January 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand affix the official seal of the City of Adelanto, on the 12
th day of January, 2022.
_________________
Brenda Lopez, City Clerk, CMC
229

CITY COUNCIL AGENDA REPORT
DATE: January 12, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brian D. Wolfe, Contract City Engineer
SUBJECT: Parcel Map 20097 Final Acceptance
STAFF RECOMMENDATION:

Staff recommends City Council receive and accept Parcel Map 20097 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20097 on behalf of City Council.

BACKGROUND:

Planning Commission approved Tentative Parcel Map 20097 by resolution at their July 15, 2020 meeting. The City Engineer and Surveyor reviewed this Parcel Map and have determined substantial conformance with the Tentative Map. All necessary corrections have been made. This vacant property is property is zoned Light Manufacturing (LM) and owned by Daewon Food USA, Inc.

Staff recommends City Council approval and signature by the Mayor for acceptance of Parcel Map 20097 to allow recordation by San Bernardino County Recorder’s Office.

FISCAL IMPACT:

None
ATTACHMENTS:

A. Parcel Map 20097
230

Staff recommends City Council receive and accept Parcel Map 20362 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20362 on behalf of City Council.

BACKGROUND:

Planning Commission approved Tentative Parcel Map 20362 by resolution at their June 2, 2021 meeting. The City Engineer and Surveyor reviewed this Parcel Map and have determined substantial conformance with the Tentative Map. All necessary corrections have been made. This vacant property is property is zoned Commercial (C) and owned by Quick N Clean 38, LLC.

Staff recommends City Council approval and signature by the Mayor for acceptance of Parcel Map 20362 to allow recordation by San Bernardino County Recorder’s Office.

FISCAL IMPACT:

None
ATTACHMENTS:

A. Parcel Map 20362
231
TRENT J.

KEENAN
Exp.3/31/2022
232
233

CITY COUNCIL AGENDA REPORT
DATE: January 12, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: APPROVE AMENDMENT NO. 4 TO PACIFIC CODE COMPLIANCE LLC’S (PCC)

PROFESSIONAL SERVICES CONTRACT TO EXTEND THE TERM OF THE AGREEEMNT AND SET “NOT TO EXCEED” AMOUNT OF COMPENSATION OT BE PAID.

STAFF RECOMMENDATION:

Staff recommends City Council approve an amendment to Pacific Code Compliance, LLC’s professional services contract to extend the term of the agreement and modify the amount of compensation paid.

BACKGROUND:

The City entered into a contract with Pacific Code Compliance, LLC in January 2020 to provide Services including but not limited to, Community Development Department management services, Plan Reviews, Building Inspection Services, Permit Technician Services, Community Development Director, Building Official Services, Planning Services, Grant applications and management services, and Code Compliance Services.

PCC continues to manage all the City’s land use services and continues to apply for various grants on behalf of the City. PCC generates approximately $2.5 million annually in permit fees, in addition The City of Adelanto has recently been awarded a $2.8 million new neighborhood park grant, $1.0 million cannabis compliance grant, and a $200,000 Marconi Park rehabilitation grant with the assistance of PCC.

The City has several other grants being pursued with PCC’s assistance in streets, parks, water, and sewer services.

This amendment extends the term of the agreement until June 30, 2022, unless earlier terminated.

Although Pacific Code Compliance’s services are billed at an hourly rate, this amendment establishes that the total “not to exceed” amount paid for the remainder of fiscal year 2022 at $836,000.00.

FISCAL IMPACT:

There is no fiscal impact
ATTACHMENTS:

A. Contract Amendment No. 4
B. Original Contract
234
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THIRD AMEDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS THIRD AMENDMENT (hereinafter, “Third Amendment”) to that “Professional Consultant Services Agreement”, dated January 6, 2020 (hereinafter, the “Master Agreement”) by and between CITY OF ADELANTO, a California municipal corporation (hereinafter, "City") and PACIFIC CODE COMPLIANCE, LLC (hereinafter, "Consultant"), hereby made and entered into this 31ST day of December 2021 ("Effective Date"). For purposes of this Third Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The term “Party” may refer to either City or Consultant, interchangeably as appropriate.

RECITALS
This THIRD AMENDMENT is made and entered into with respect to the following facts:

WHEREAS, on January 6, 2020, the Parties executed and entered into the Master Agreement for Consultant to provide professional administrative and engineering consulting on an as-needed basis; and
WHEREAS, on March 11, 2020, the Parties executed and entered into the First Amendment for Consultant to expand the scope of services and to increase the compensation; and
WHREAS, on December 9, 2020, the Parties executed and entered into the Second Amendment to extend the Term off the Master Agreement; and WHEREAS, the Master Agreement as amended by way of the Second Amendment and First Amendment is attached and incorporated hereto as Exhibit “A”; and WHEREAS, the Parties further wish to amend the Master Agreement to further extend the Term of the Agreement.

A G R E E M E N T:

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

1. Section 3.1.2 of the Master Agreement is further amended in part to add a new paragraph as follows:

The Term of this Agreement shall be further extended by the Third Amendment to the Master Agreement and shall commence on the Effective Date of the Third Amendment to the Master Agreement and shall terminate on June 30, 2022. The 235
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City may also terminate at any time pursuant to Section 3.6.1 of the Master Agreement.

2. The parties hereby amend Section 3.3.1 of the Master Agreement to read as follows:

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at rates set forth under Exhibit “B”, attached and incorporated herein by reference. The total compensation shall not exceed EIGHT HUNDRED THIRTY-SIX THOUSAND ONE HUNDRED
DOLLARS ($836,100) during the term of this Third Amendment.

3. Except as otherwise set forth in this Third Amendment, the Second Amendment, the First Amendment, and Master Agreement shall remain binding, controlling, and in full force and effect. Section 3.6.6 of the Master Agreement notwithstanding, this Third Amendment, together with the Second Amendment, First Amendment and Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

3. The provisions of this Third Amendment shall be deemed a part of the Second Amendment, First Amendment, and Master Agreement and except, as otherwise provided under this Third Amendment, the Second Amendment, First Amendment, and Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the provisions of the Second Amendment, First Amendment and Master Agreement, the provisions of this Third Amendment shall control, but only in so far as such provisions conflict with the Second Amendment, First Amendment and Master Agreement and no further. [SIGNATURES ON FOLLOWING PAGE]
236
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IN WITNESS WHEREOF, this Third Amendment has been executed as of the day and year first set forth above.

CITY OF ADELANTO: PACIFIC CODE COMPLIANCE, LLC.

By: By:

Jessie Flores, City Manager David J. Martinez, Principal

Date:_______________________ Date:

ATTEST:
____________________
Brenda Lopez
City Clerk
Date:

APPROVED AS TO FORM:
_____________________________
Marc Tran, City Attorney
Olivarez Madruga Lemieux O’Neill
237
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EXHIBIT “A”

MASTER AGREEMENT
238

CITY OF ADELANTO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 6th day of January, 2020, by and between the City of Adelento, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 11600 Air Expressway, Adelanto, CA 92301 ("City") and Pacific Code Compliance LLC, a California Limited Liability Company, with its principal place of business at P. 0. Box 8713, Redlands, CA 92375 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional administrative and engineering consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional administrative and engineering consulting services to public clients, is licensed in the State of California (as applicable), and is familiar with the plans of City.

2.2 Project.

City desirps to engage Consultant to render such professional administrative and engineering consulting services for the Engineering Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional administrative and engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from January 1, 2020 to December 31, 2020, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing OMLO: October 2018
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the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.3 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Brian Wolfe.

3.2.4 City's Representative. The City hereby designates Jessie Flores, City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.5 Consultant's Representative. Consultant hereby designates David J. Martinez, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally 2 OMLO: October 2018
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required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

3.2.9.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.9.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Code 1), or if Consultant has no owned autos, "Hired Auto" (Code 8) and "Non-Owned Auto" (Code 9), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers' Compensation/Employer's Liability: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a 3 OMLO: October 2018
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limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers' Compensation Insurance. However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers' Compensation/Employer's Liability Insurance in accordance with this section. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000.

Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.9.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
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3.2.9.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.9.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Consultant shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.9.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.9.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City.

If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.9.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.9.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.9.10Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
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3.2.9.11Requirernents Not Limiting. Requirement of specific coverage or minimum limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.9.12Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(A) The Retroactive Date must be shown and must be before the effective date of the Agreement or the beginning of work under this Agreement. (B) Such insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of all services under this Agreement. (C) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of all services under this Agreement.

3.2.9.13Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

3.2.9.14Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies.

All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable.

The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Water Quality Management and Compliance.
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3.2.11.1StormWater Management.Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.11.2Compliance with Water Quality Laws, Ordinances and Regulations.

Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant shall additionally comply with the lawful requirements of the City, and any other water district, municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.11.3Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.11.4LiabiliV for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed NINE HUNDRED SIXTY THOUSAND DOLLARS ($960,000.00) without written approval of the City Council or City 7 OMLO: October 2018
245
Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City and approval of the City Council.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section

3.1.2, the rate set forth in Exhibit "B" may be adjusted each year at the time of renewal as set forth in Exhibit "B."

3.4 California Labor Code Provisions.

3.4.1 Prevailing Wage Law. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the web site of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.govidlsr/. In the alternative, Consultant may view a copy of the prevailing rates of per diem wages at the City. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.
8 OMLO: October 2018
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3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.1.4 Delivery of Notices.All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Pacific Code Compliance, LLC
P. 0. Box 8713
Redlands, CA 92375
ATTN: David J. Martinez
City: City of Adelanto
11600 Air Expressway
Adelanto, California 92301
ATTN: Jessie Flores
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Ownership of Materials and Confidentiality.
9 OMLO: October 2018
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3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.6.5 Indemnification.
10 OMLO: October 2018
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3.6.5.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

3.6.5.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.5.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 Citv's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 11 OMLO: October 2018
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3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the 12 OMLO: October 2018
250

CITY OF ADELANTO
By:

PACIFIC CODE CO LIANCE LLC
KMartinez, P ipal
individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

Victor Ponto
City Attorney
By:
13 OMLO: October 2018
251
EXHIBIT "A"

SCOPE OF SERVICES
Provide the City with professional services and dedicated personnel to perform the following: provide asneeded services including Community Development Department management, plan review, inspections for building inspection, permit technician services, Community Development Director, Building Official services, and Planning services.
1 OMLO: October 2018
252
EXHIBIT "B"

COMPENSATION
PACIFIC CODE COMPLI41(CE

SCHEDULE OF MKS -AILDELMITO

CLASSIFICATION HOURLY RATE
incipal SI 75 00
F.xp ert Win) ss Te stimon y - Dew sition 5275.00
Expeit Witncss TeStilTIAMy Co Lut 5.375 DO
Sti iictunil Engineei S 1.35 00
Civil Engincci S I ID 00
Architect S135 00
Principal Landscape Architect S125.00
Associate Landscape Architect S 10500
Senioi ['reject Manage .' SI 25 00
Pmject Manage .' S 105.00
Landscape Project Managei S115 OD
CDBG Managei 5115 00
CDBG Seniin Staff 595.00
Housing Manage .' S120 00
Housing Staff S 1 DODD
Housing In spectoi S85.00
Pi c vailing Wage!Dav is Bacon S I OD OD
Payroll Staff 580 00
Emergenc y ltLmacrncnt S80 DO
Development SEI'VIEBti Director $135.90

Page 1 ends

253
Building Official $12.CI CI
Fli c Mai stud SI 45.00
Senior Plan Check Eng in cci S125.00
Plan Check Engin cm S 1 10.00
Senior Building Inspector 595.00
Building Inspector 585.00
Plan R kW Services Based. tin Percentage of Fee Collected (71%) Or hourly depen ding on the size of the project
$05.110
CLIU nter Tech $65.00
CASp Scrv ices 590,00
Senior Code En Jinn mem Ottici 595.00
Code En fin.c einem 0 ffinci 585,00
City Plan ner $1 25.00
Senior Planner !ft MOO
Mann ci S 120.00
Associate Planner 585.00
Support Sci vices 545.00 - S05.00
Overtime (-lunges Additional 50% of Hourly Rate
Weekend Set ic s Additional 501 of Ho inly Rate
Holiday Sn vics Additional 05% of Hourly Rate
NOTES:
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254
Greg eler, CBO
President, Board of Directors
Crhef
Dominic Sims, CBO
Chief Executive Officer

INTERNATIONAL
CODE

COUNCIL'

INTERNATIONAL CODE COUNCIL

MR DAVID J MARTINEZ
The International Code Council attests that the individual named on this certificate has satisbctori6e demonstrated knowledge as required by the International Code Council by successfully completing the prescnbed Written examination based on codes and standards then in effect, and is hereby issued this certification as:

Certified Building Official
Given this day December 17, 2019
Certificate No. 5314204
This certificate is the property of ICC and must be returned to /CC in the event of suspension or revocation of the certificate 255
Dominic Sims, CB0
Chief Executive Officer

CERTIFIED
Greg V9OTier, CB0
President, Board of Directors

INTERNATIONAL
CODE

COUNCIL

INTERNATIONAL CODE COUNCIL

MR DAVID J MARTINEZ
The International Code Council attests that the irOodual named on this certificate has satisfactorily demonstrated knowledge as required by the International Code Council by successful6e completing the prescribed written examination based on codes and standards then in effect, and is hereby issued this certification as:

Building Plans Examiner
Given this day December 17, 2019
!Certificate No. 5314204
This certificate is the property of ICC and most be returned to ICC in the event of suspension or revocation of the certificate, 256
Greg eler, CB0
President, Board of Directors
-Vow
Dominic Sims, CB0
Chief Executive Officer

INTERNATIONAL
CODE

COUNCIL

INTERNATIONAL CODE COUNCIL

MR DAVID J MARTINEZ
The International Code Council attests that the individual named on this certificate has sahsfactonty demonstrated knowledge as required by the International Code Council by successfully completing the prescribed written examination based on codes and standards then in effect, and is hereby issued this certification as:

Certified Building Official
Given this day December 17, 2019
"Certificate No. 5314204i
This certificate is the property of ICC and must be returned to ICC in the event of suspension or revocation of the certificate. 257
Greg i1cli, CB0
President, Board of Directors
Dominic Sims, CB0
Chief Executive Officer
•
This certificate is the property of /CC and most be returned to ICC in the event of suspension or revocation of the certificate.

INTERNATIONAL
CODE

COUNCIL

INTERNATIONAL CODE COUNCIL

MR DAVID J MARTINEZ
The International Code Council attests that the individual named on this certificate has satisfactorily demonstrated knowledge as required by the International Code Council by successfully completing the prescribed written examination based on codes and standards then in effect, and is hereby issued this certification as:

Building Plans Examiner
Given this day December 17, 2019
Certificate No. 5314204
258
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PROFESSIONAL ENGINEERING SERVICES CONTRACT TO EXTEND THE TERM OF THE AGREEMENT AND MODIFY THE NOT TO EXCEED AMOUNT TO BE PAID.

STAFF RECOMMENDATION:

Staff recommends City Council approve an amendment No. 2 to TKE’s professional engineering contract to extend the term of the agreement and modify the amount of compensation paid.

BACKGROUND:

The City entered into a contract with TKE in September 2017 to provide professional Contract City Engineering Services. Services include, but are not limited to, City Engineer, counter technician, engineering plan check, permit issuance, private development and capital project management, land surveying, design, construction administration, inspection, and grant administration.

TKE continues to manage all of the City’s engineering services along with an array of housing, commercial street, water and sewer, and park projects currently underway throughout the City.

This amendment extends the term of the agreement until June 30, 2022, unless earlier terminated.

Although TKE’s services are billed at an hourly rate, amendment no. 2 sets the total “not to exceed” amount paid to TKE for the remainder of Fiscal Year 2022 at $330,000.

FISCAL IMPACT:

There is no change to the contract’s original hourly rates.

ATTACHMENTS:

A. Contract Amendment No. 2
B. Original Contract
262
-1-

SECOND AMEDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT (hereinafter, “Second Amendment”) to that “Professional Consultant Services Agreement”, dated December 19, 2019 (hereinafter, the “Master Agreement”) by and between CITY OF ADELANTO, a California municipal corporation (hereinafter, "City") and TKE ENGINEERING, INC. (hereinafter, "Consultant"), hereby made and entered into this 31st day of December 2021 ("Effective Date"). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The term “Party” may refer to either City or Consultant, interchangeably as appropriate.

RECITALS
This SECOND AMENDMENT is made and entered into with respect to the following facts:

WHEREAS, on December 19, 2019, the Parties executed and entered into the Master Agreement for Consultant to provide for professional administrative and engineering consulting services on an as-needed basis; and
WHEREAS, on December 9, 2020, the Parties executed and entered into the First Amendment for Consultant to extend the term and amend the compensation for the 2021 calendar year; and
WHEREAS, the Master Agreement as amended by way of the First Amendment is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, the Parties further wish to amend the Master Agreement to further extend the Term of the Agreement and amend the compensation for the 2022 calendar year.

A G R E E M E N T:

1. Section 3.1.2 of the Master Agreement is further amended in part to add a new paragraph as follows:

The Term of this Agreement shall be further extended by this Second Amendment to the Master Agreement and shall commence on the Effective Date of this Second Amendment to the Master Agreement and shall terminate on June 30, 2022. The City may also terminate at any time pursuant to Section 3.6.1 of the Master Agreement.
263
-2-

2. Section 3.3.1 of this Second Amendment is further amended in part to add a new paragraph as follows:

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B”, attached hereto and incorporated by reference. The total compensation shall not exceed THREE HUNDRED THIRTY THOUSAND DOLLARS ($330,00)
without written approval of the City Council.

3. Except as otherwise set forth in this Second Amendment, the First Amendment, and Master Agreement shall remain binding, controlling, and in full force and effect. Section 3.6.6 of the Master Agreement notwithstanding, this Second Amendment, together with the First Amendment and Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

4. The provisions of this Second Amendment shall be deemed a part of the First Amendment, and Master Agreement and except, as otherwise provided under this Second Amendment, the First Amendment and Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the First Amendment and Master Agreement, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the First Amendment and Master Agreement and no further. [SIGNATURES ON FOLLOWING PAGE]
264
-3-
IN WITNESS WHEREOF, this Second Amendment has been executed as of the day and year first set forth above.

CITY OF ADELANTO: TKE ENGINEERING, INC.:

By: By:

Jessie Flores, City Manager Mike Thornton, President

Date:_______________________ Date:

ATTEST:
____________________
Brenda Lopez, City Clerk
Date:

APPROVED AS TO FORM:
_____________________________
Marc Tran, City Attorney
Olivarez Madruga Lemieux O’Neill
265
-4-
EXHIBIT “A”

MASTER AGREEMENT
266

ENGINEERING SERVICES CONSULTANT AGREEMENT

BETWEEN

CITY OF ADELANTO
AND
TKE ENGINEERING, INC.

This Council Business Development Consultant Agreement ("Agreement") is entered into as of October 1, 2018 ("Effective Date") between the City of Adelanto, a California municipal corporation ("City"), and TKE Engineering, Inc., a California corporation ("Consultant").

1. Independent Contractor. Subject to the terms and conditions of this Agreement, the City hereby engages Consultant as of the Effective Date as an independent contractor to perform the services set forth herein, and Consultant hereby accepts such engagement. This Agreement shall not render Consultant to be an employee of the City for any purpose.

Consultant is and will remain an independent contractor in its relationship to the City. The City shall not be responsible for withholding taxes with respect to Consultant's compensation. Consultant shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

2. Term. This engagement shall commence upon execution of this Agreement and shall continue in full force and effect, until terminated, in writing, by either Party.

3. Duties. Consultant shall serve as the City Engineering Department Consultant in an effort to facilitate, promote, and secure economic development opportunities for residential, commercial, and industrial land uses by attracting new business and retaining existing business, promoting infrastructure improvements, increasing local employment, and facilitating the land use entitlement process for the Planning Department.

4. Scope. Consultant shall report to the City Manager, and is responsible for planning, designing and constructing capital improvement projects; serving as primary City authority regarding engineering matters for the City; securing funding for capital projects and programs; working with department heads, City Manager and City Council to improve public infrastructure and expand economic development; defining engineering requirements and conditions of development projects and; promoting the community to expand economic development opportunities. Consultant shall have no authority to direct City staff, rather Consultant will work in cooperation with City staff pursuant to direction from the City Manager.

5. Compensation. See attached billing rates.
267

ENGINEERING SERVICES CONSULTANT AGREEMENT

6. Expenses. During the term of this Agreement, Consultant shall provide an invoice for reimbursement of all reasonable and approved out-of-pocket expenses (receipts are required by City auditors), which are incurred in connection with the performance of the duties hereunder, including time spent by Consultant in traveling to and from City facilities and City related business travel if conducted in a personal vehicle, which shall be reimbursed at the current federal or IRS standard mileage reimbursement amount.

7. Written Reports. Consultant shall provide detailed progress reports to the City Manager on anticipated and pending development projects every 30 days and as further requested by the City Manager. Consultant shall also provide a report to the City Council and the City Manager anytime a new development project is initiated. The reports shall be in such form and setting forth such information and data as is reasonably requested by the City Manager.

8. Inventions. Any and all inventions, discoveries, developments, and innovations conceived by Consultant during this engagement shall be the exclusive property of the City; and Consultant hereby assigns all right, title, and interest in the same to the City. Any and all inventions, discoveries, developments, and innovations conceived by Consultant prior to the term of this Agreement and utilized by him in rendering duties to the City are hereby licensed to the City for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned without Consultant's prior written approval by the City, as necessary.

9. Confidentiality. Consultant acknowledges that Consultant will have access to confidential documents and information. Consultant agrees that Consultant will not disclose any confidential documents or information, either directly or indirectly, or use them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this Agreement. All files, records, documents, data, financials, specifications, information, letters, notes, lists, notebooks, and similar items relating to the business and concern of the City, whether prepared by Consultant or otherwise, coming into Consultant's possession, shall remain the exclusive property of the City. Consultant shall not retain any copies of the foregoing documents without the City's prior written permission.

Consultant shall, upon termination of this Agreement, or upon request by the City, immediately deliver to the City all such files, records, documents, specifications, information, or other items, or any copies thereof, owned by the City that are in Consultant's possession.

10. Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to the City, during the entire term of this Agreement, including any extension thereof, the policies of insurance specified in this Section, which shall cover all elected and appointed officers, employees, and agents of the City: All of the policies of insurance hereunder shall be primary insurance and shall name the City, its elected and appointed officers, employees, and agents as additional insureds, and any insurance maintained by the City or its officers, employees, or agents shall apply in excess of, and shall not contribute with, Consultant's insurance.

A. Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per — 2 of 6 —
268

ENGINEERING SERVICES CONSULTANT AGREEMENT
occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall be in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.

B. Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both Consultant and the City against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by, or any persons retained by, Consultant in the course of carrying out the work or services contemplated in this Agreement.

C. Automotive Insurance (Form CA 0001: Edition 1/87, including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a "per occurrence" basis for bodily injury and property damage in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Said policy shall include coverage for owned, non-owned, leased, and hired cars.

D. Professional Liability. Professional liability insurance appropriate to Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least five consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional five year period, Consultant shall annually, and upon request of the City, submit written evidence of this continuous coverage. The policy of insurance shall be in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.

E. Additional Insurance. Policies of such other insurance, as may be required by the City at any time while this Agreement is in effect.

11. Indemnification. Consultant agrees to indemnify the City for any injury, harm, loss, claim, or liability arising out of Consultant's work performed pursuant to this Agreement, or the failure to perform work required pursuant to this Agreement. Consultant further agrees to require any authorized transferee, assignee, or delegee of the rights, interests, duties, or obligations arising under this Agreement to indemnify the City from any injury, harm, loss, claim, or liability arising out of work performed pursuant to this Agreement or the failure to perform work required pursuant to this Agreement, or any subcontract thereof This provision shall survive termination of this Agreement.

12. Conflicts of Interest; Non-hire Provision. Consultant represents that it is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between Consultant and any third party. Further, Consultant, in rendering its duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which it does not have a proprietary interest. During the term of this Agreement, Consultant —3 of 6 —
269

ENGINEERING SERVICES CONSULTANT AGREEMENT
shall devote time, energy, and its abilities to the performance of its duties hereunder as is necessary to perform the duties in a timely and productive manner. Consultant is expressly free to perform services for other parties while performing services for the City. For a period of one year following any termination, Consultant shall not, directly or indirectly hire, solicit, or encourage to leave the City's employment, any employee of the City or hire any such employee who has left the City's employment or contractual engagement within one year of the termination this Agreement.

13. Compliance with Laws. Consultant agrees to comply with all applicable laws, ordinances, and regulations adopted by federal, State, or local government agencies or bodies without limitation. Specifically, even though Consultant may work directly with City Councilmembers while performing his duties under this Agreement, Consultant must at all times comply with the California Brown Act. Consultant shall also at all times comply with Adelanto City Charter ("Charter") section 609, which expressly prohibits City Councilmembers from giving any order or direction on behalf of the City to any subordinate officer or employee of the City.

14. Fair Political Practices Commission ("FPPC"). Consultant in no way shall attempt to use its official position to influence a governmental decision in which it knows or has reason to know it has a financial interest." (See Gov. Code, § 87100) Accordingly, Consultant shall not financially participate, directly or indirectly, on any matter that it presents to the City, pursuant to the terms and conditions of this Agreement or on any matters that it has a financial interest or other interest.

15. Termination. This Agreement may be terminated by any party upon 10 days' advance written notice to the other parties. Additionally, if Consultant is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the City, or materially breaches any provision of this Agreement, then the City may immediately terminate this Agreement without prior written notice to Consultant.

16. Right to Injunction. The parties hereto acknowledge that the services to be rendered by Consultant under this Agreement and the rights and privileges granted to the City under the Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any action at law, and the breach by Consultant of any of the provisions of this Agreement will cause the City irreparable injury and damage. Consultant expressly agrees that the City shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by Consultant. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the City may have for damages or otherwise. The various rights and remedies of the City under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.

17. Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California.
— 4 of 6 —
270

ENGINEERING SERVICES CONSULTANT AGREEMENT

18. Choice of Venue. The venue for ally disputes arising out of this Agreement shall be in the County of San Bernardino.

19. Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the County of San Bernardino, State of California. An award of arbitration may be confirmed in a court of competent jurisdiction. This provision shall survive the termination of this Agreement.

20. Legal Fees and Costs. In the event legal action of any type is required to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs, expenses, and fees, including attorneys' fees and collection costs, arising out of the legal action.

21. Independent Counsel. The parties acknowledge that they had the time and opportunity to seek independent legal counsel regarding this Agreement and that they enter into this Agreement on an intelligent and informed basis without any undue influence.

22. Transfers. Except as expressly permitted herein, no party shall assign or delegate any of its rights, interests, duties, or obligations arising under this Agreement without the express written permission of the other party. Any unauthorized assignments or delegations shall be void and ineffective for all purposes.

23. Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.

24. Mutual Negotiations. This Agreement is the product of the mutual negotiations of the parties and shall not be construed against or in favor of any of the parties.

25. Waivers. A waiver of any provision of this Agreement must be in writing. Failure to insist upon strict performance of any provision, right, duty, or obligation arising under this Agreement shall not act as a waiver of the right to future enforcement of that provision, right, duty, or obligation, nor any other provision, right, duty, or obligation.

26. Modifications. This Agreement can only be changed, modified, amended, supplemented, or rescinded in a separate writing signed by all parties.

27. Severability. If any of the provisions of this Agreement are found to be unenforceable, those provisions shall be reformed to prevent the unenforceable result in a manner that best preserves the original intent of the provision to the filllest extent possible, and all other provisions of this Agreement shall remain in full force and effect.

28. Integration. This Agreement constitutes the final, complete, and exclusive expression of all the terms and provisions of the agreement between the parties. This Agreement supersedes any previous agreements or negotiations between the parties, whether oral or written. 271

ENGINEERING SERVICES CONSULTANT AGREEMENT

29. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.

30. Notices. Notices relating to this Agreement must be in writing and sent to the physical addresses set forth below. A party may change its address for notices by giving notice as required by this provision. Written notice will be considered effective: (a) the day it is personally delivered or actually received; (b) five business days after deposit with the United States Post Office as certified first-class mail with return receipt requested and postage prepaid; or (c) two business days after deposit with a reputable overnight delivery service for next day delivery.

A. City
City of Adelanto
Attention: City Manager
11600 Air Expressway
Adelanto, California 92301
760-246-2300
B. Consultant
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, California 92507
951-680-0440

SIGNATURES
By signing below, the signatories represent and warrant that they were duly authorized by their respective governing bodies to execute this Agreement, and the parties hereby agree to all the terms and conditions set forth in this Agreement.

CITY OF ADELANTO
By:

Wch Kerr
Mayor
-
Dated:

Dated: By: P.45L...-vai
Brenda Lopez
(1.12411.City Clerk
TICE ENGINEERING, INC.

Dated: ///i/iie BY: 22144, ie
Mike Thornton, P.E.

President
— 6 of 6 —
272
TKE ENGINEERING, INC.

RATE SCHEDULE
2018-2019
HOURLY
RATE
Principal in Charge $150.00
Project Manager/Construction Manager/Licensed Surveyor $125.00 Senior Engineer/Project Engineer (PE)/Senior Plan Checker $110.00 Associate Engineer. $105.00
Assistant Engineer/Plan Checker/Designer $100.00
AutoCAD Technician $ 90.00
Engineering Technician $ 60.00
Clerical $ 65.00
Forensic Engineering $150.00
Expert Witness Testimony $250.00

SURVEYING SERVICES
2-Man Survey Crew (Prevailing Wage) $220.00

CONSTRUCTION SERVICES
Senior Construction inspector (Prevailing Wage) $100.00

REIMBURSABLE COSTS
In-house Reproduction Cost
Printing and Materials Cost + 10%
Express Mail/Courier/Next Day Service Cost + 10%
Special Subconsultant Services Cost + 10%
Revised July 2018
273
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER License # 0C36861
inland Empire-Alliant Insurance Services, Inc.
735 Carnegie Dr Ste 200
San Bernardino, CA 92408
CONTACT SD PC SBS NAME:

PHONE
(AtC, No, Eat);
FAX
(NC, No):

E-MAIL

ADDRESS'

INSURER(S) AFFORDING COVERAGE NAIC
INSURER A : Travelers Property Casualty Company of America 25674 INSURER B Integon National Insurance Company 29742
INSURER C ;
INSURER :

INSURER E:

INSURER F:

INSURED
TKE Engineering Inc
2305 Chicago Ave Ste#100
Riverside, CA 92507-6948
TKEENGI-01

CERTIFICATE OF LIABILITY INSURANCE

TSCHELLIN(

DATE (MM/DD(YYYY)
10/18/2018
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL1C ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LIR TYPE OF INSURANCE
ADDL
!NW
SUBR

MD POL/CY NUMBER

POLICY EFF
(MM/DEVYYYY)
01/05/2018

POLICY EXP
(MM/OD/YYYY)
01/05/2019
LIMITS
EACH OCCURRENCE $ 2,000,001 A X COMMERCIAL GENERAL LIABILITY X X 6806H138418 MITE aRaEciNcciruEge nee) $ 1,000,001 I CLAIMS-MADE I X I OCCUR MED EXP (Any one person) $ 5,001
PERSONAL & ADV INJURY $ 2,000,001
GENERAL AGGREGATE 4 , ,001 $ 000
GE 'L AGGREGATE LIMIT APPLIES PER:

POLICY r 1 !, 78,, T I LOG
OTHER:

PRODUCTS - COMPiCiP AGO $ 4,000,001
$
B
X

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
votEaas ONLY —

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY
X x 12004624 01/05/2018 01/05/2019

COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,001
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
{P1 Re? al illYn t "AGE $
$

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENT ON $

A WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y I N
ANY PRoPRIETOPJPARTNERIEXECUTIVE r
OFFICER/MEMBER EXcLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
x UB-9J213184-18-47-G 01/05/2018 01/05/2019

X I IMTUTE
0THFR
E.L. EACH ACCIDENT 1,000,001 $
E.L. DISEASE - EA EMPLOYEE $ 1,000,001
E.L.DISEASE - POLICY LIMIT 1,000,001 $
DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Engineering Consulting Services
All policies of insurance herunder shall be primary insurance and shall name the City, its elected and appointed officers, employees, and agents as addtional insureds, and any insurance maintained by the City or its officers, employees, or agents shall apply in excess of, and shall not contribute with, Consultant's insurance.

CERTIFICATE HOLDER
City of Adelanto
Attn: Jesse Flores, City Manager - City Hall
11600 Air Expressway
Adelanto, CA 92301

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

I 274

Page 1 of 1 ends

------I a.

ACRD CERTIFICATE OF LIABILITY INSURANCE
tikt.....

DATE IMMIDD/YYYY)
10/18/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or he endorsed.

PRODUCER
Willis of Illinois, Inc.
c/o 26 Century Blvd
P . 0 . Box 305191
Nashville, TN 372305191 USA

CONTACT
NAME:

PHONE FAX
(NC, No Est): 1-877-945-7378 (A/C. No:1-888-467-2378
E-MAIL ADDRESS: certificateswillis . com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Liberty Insurance Underwriters Inc 19917

INSURED
IKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
INSURER B :

INSURER C:

INSURER D :

INSURER B:

INSURER F : .
- W8535818 REVISION NUMBER:
.....,...-...-........-.- - • - -- - -- - - - - - - - - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD .

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED.

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAM CLAIMS.

INSR
LTR ripE OF INSURANCE
ADDL
1NSD
SUBR

WVO POLICY NUMBER

POLICY EFF
(MMIDD
POLICY EXP (MMloturYYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $

DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
—
GENERAL AGGREGATE $ GENT. AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
JEC
PROT
PER:

LOC PRODUCTS - COMPIOP AGG $
$

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY

COMBINED SINGLE LIMIT
(Ea acoMent)
$
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $

PROPERTY DAMAGE
(Per accIdent) $
S
_

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $

AND EMPLOYERS' LIABILITY

ANYPROPRIETORJPARTNERJEXECUTIVE
OFFICERIMEMBEREXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
N/A
WORKERS COMPENSATION [ PER

I STATUTE
i OTHi ER
El. EACH ACCIDENT $
El, DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT 5
A Professional Liability AEXNYAHCEIE002 08/01/2018 08/01/2019 Per Claim Annual Aggregate
$1,000,000
$2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Project: Engineering Consulting Services
0 City of Adelanto
Attention: Jesse Flores,
City Hall
11600 Air Expressway
Adelanto , ,CA 92301
City Manager

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
a a , (4 6KJ
2D1 6 ACORD CORIORATION. All rignis reserve a.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD sit ID: 16921922 RATell: 918080
275

CITY COUNCIL AGENDA REPORT
DATE: January 12, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: CONSIDERATION OF APPROVAL OF A LICENSE AGREEMENT BETWEEN THE CITY OF

ADELANTO AND KICKS KAFE SENIOR KLUB AND CURBSIDE TO USE THE SENIOR CENTER
STAFF RECOMMENDATION:

That the City Council:

1. Approve License Agreement, terminating on February 28, 2022, between the City of Adelanto and Kicks Kafe Senior Klub and Curbside for a sum of one dollar ($1.00) and to pay for their proportional share of the utilities, as determined by City staff, to use the Senior Center.

BACKGROUND:

The City owns the Senior Center (“Center”) located at 11565 Cortez Avenue, Adelanto. Per Council direction at the regularly scheduled council meeting on December 8, 2021, the City would like to offer a License Agreement, terminating on February 28, 2022, with Kick Kafe Senior Klub and Curbside, nonprofits in the City, for the usage of the Center for a sum of one dollar ($1.00) and for the non-profits to pay for their proportional share of the utilities, as determined by City staff. The current License Agreement is before the City Council to allow Kicks Kafe Senior Klub and Cubside to use the Center with the above-mentioned terms.

FISCAL IMPACT:

None to minimal fiscal impact to the City, as the City does not have a history of renting the Center.

ATTACHMENTS:

Attachment A – License Agreement between the City of Adelanto and Kicks Kafe Senior Klub and Curbside
276

LICENSE AGREEMENT BETWEEN

THE CITY OF ADELANTO AND

KICKS KAFE SENIOR KLUB / CURBSIDE
THIS REVOCABLE LICENSE AGREEMENT (“Agreement”) is made and executed this 12th day of January 2021 (“Effective Date”), by and between the City of Adelanto, a California municipal corporation, as Licensor (“City”) and Kicks Kafe Senior Klub / Curbside (“Licensee”).

City and Licensee are collectively referred to herein as the “Parties.” RECITALS.

WHEREAS, City owns certain real property described as the Adelanto Senior Center, located at 11565 Cortez Avenue, Adelanto, California, 92301 (“Center”); and WHEREAS, City wishes that the Center be used for the benefit and well-being of the community and residents of the City; and
WHEREAS, Licensee is a non-profit public benefit corporation providing valuable civic services to members of the community.

NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:

1. LICENSE. City hereby grants Licensee a non-exclusive, revocable license to use the Center for the term and upon the terms and conditions set forth in this Agreement. Licensee does not acquire any right to the Center independent of City’s rights. City’s action herein is not, and shall not be construed to be, a conveyance of a property interest or lease; it is a license to use City’s property as described in this Agreement. City shall have the right to enter upon the Center for the duration of this Agreement, without notice to, or permission of, Licensee. 277

2. USE OF THE CENTER. Licensee acquires the privilege of using the Center from Monday to Sunday, 8:00 a.m. to 11:00 p.m. (“Usage Times”).

Licensee agrees to conduct all of its activities during Usage Times with full regard for public safety, and to observe and abide by all applicable laws, regulations, and requests by City or any other governmental agency responsible for public safety.

No portion of the Center’s sidewalks, ramps, entries, doors, corridors, passageways, hallways, stairways, aisles or driveways shall be obstructed or impeded by Licensee or its agents, employees, contractors, patrons, or invitees, or used by any of them for any purpose other than ingress or egress from the Center’s premises. Access to public utilities, heating and air conditioning vents, lighting fixtures, fire hoses, fire extinguishers, fire prevention water sprinkler systems, and restrooms shall not be covered or obstructed at any time by Licensee or its agents, employees, contractors, patrons, or invitees.

Any conflict with Licensee regarding the use of the Center shall be resolved by the City Manager in his or her sole discretion.

3. COMPENSATION. In exchange for the use of the Center, Licensee shall pay City an annual sum of one dollar ($1.00) and shall be responsible for the payment of their proportional share of the utilities as determined by City staff (“License Fee”). City reserves the right to amend the License Fee, as determined appropriate by the Adelanto City Manager (“City Manager”).

4. TERM. This Agreement shall have a term commencing from the Effective Date through February 28, 2022. The City, acting through the City Council, may extend this Agreement for an additional term subject to the terms and conditions specified herein.

5. TERMINATION. City and Licensee shall each have the right to terminate this Agreement upon forty-five (45) days written notice to the other party. Such notice of termination may be given at any time, with or without cause.

6. CENTER MAINTENANCE. It shall be the duty and responsibility of Licensee to clean, repair, and maintain the Center during Usage Times. Neither Licensee nor its employees, agents, or invitees shall injure, mar, damage, or otherwise deface the Center’s property or grounds. 278
Licensee agrees to pay for all costs of repair or replacement if any such injury, marring, damage, or defacement occurs during Usage Times.

7. CENTER IMPROVEMENTS. Licensee shall have the right, but not the obligation, from time to time and at its own expense, to install improvements and upgrades or make other changes to the Center so as to increase its efficiency or otherwise improve its operational characteristics. However, no such improvements, upgrades or changes shall be made without the written approval of City.

8. NO RESPONSIBILITY. It is understood and agreed that City has no obligation to safeguard or insure any property installed or maintained by Licensee at the Center. All such obligations are solely those of the Licensee. Licensee will not look to City for any loss of, damage to, or destruction of such property, except where it is caused by the sole active negligence or willful misconduct of City or its agents or employees.

9. ASSIGNMENT. Licensee is not permitted to assign this Agreement or any interest herein.

10. INDEMNIFICATION. Licensee holds the City harmless and free from any and all liability arising out of this Agreement, or its performance. Should City be named in any suit, or should any claim be brought against City, by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, Licensee shall immediately defend City, and will indemnify City for any judgment rendered against City, or for any sums paid out in settlement or otherwise.

For purposes of this Section, “City” includes City’s officers, officials, employees, agents, representatives and volunteers.

Licensee expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
279
It expressly understood and agreed that the foregoing provisions of this Section 10 shall survive termination of this Agreement.

11. INSURANCE. Prior to the commencement of this Agreement, Licensee shall procure and maintain policies that mee the requirements and specifications set forth under this Article. Licensee shall procure and maintain the following insurance coverage at its own expense.

A. COMMERCIAL GENERAL LIABILITY INSURANCE. Licensee shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. WORKERS COMPENSATION INSURANCE / EMPLOYERS LIABILITY INSURANCE. A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both Licensee and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Licensee during the Term of this Agreement.

C. ADDITIONAL INSURED REQUIREMENTS. The CGL Coverage will contain an endorsement naming the City and City’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

D. REQUIRED CARRIER RATING. All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. City may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according 280
to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the City Manager is authorized to authorize lower ratings than those set forth in this Section.

E. PRIMACY OF CONCESSIONAIRE’S INSURANCE. All policies of insurance provided by Licensee will be primary to any coverage available to City or City’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by City or City’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of Licensee’s insurance and will not contribute with it.

F. WAIVER OF SUBROGATION. All insurance coverage provided pursuant to this Agreement will not prohibit Licensee or Licensee’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. Licensee hereby waives all rights of subrogation against City, its officials, officers, employees, agents and volunteers.

G. VERIFICATION OF COVERAGE. Licensee acknowledges, understands and agrees, that City’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding City’s financial well-being and, indirectly, the collective well-being of the residents of the City.

Accordingly, Licensee warrants, represents and agrees that it will furnish City with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to City in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the City if requested.

All certificates of insurance and endorsements will be received and approved by City prior to the execution of this Agreement. Upon City’s written request, Licensee will also provide City with certified copies of all required insurance policies and endorsements.

H. FAILURE TO MAINTAIN COVERAGE. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required 281
coverage, City has the right but not the duty to obtain the insurance if it deems necessary and any premium paid by City will be promptly reimbursed by Licensee or City may cancel this Agreement effective upon notice.

12. COMPLIANCE WITH LAW. Licensee shall, at its sole cost and expense, comply with all of the requirements of all federal, state and local authorities and laws now in force, or which may hereafter be in force. The judgment of any court of competent jurisdiction, or the admission by Licensee in any action or proceeding against Licensee, whether City be a party thereto or not, that Licensee has violated any such ordinance or statute shall be conclusive of that fact.

13. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this Agreement will not constitute a waiver of any further breach of the same or other term of this Agreement.

14. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required of permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party shall be in writing and shall be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid at:

City:

City Manager
11600 Air Expressway
Adelanto, California 92301
Licensee:

Kicks Kafe Senior Klub
Address: 11565 Cortez Avenue
Adelanto, CA 92301
Attn: Joy Jeannette
282
Curbside
Address: 11565 Cortez Avenue
Adelanto, CA 92301
Attn: Abel Razo

15. GOVERNING LAW. This Agreement has been made in and shall be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in San Bernardino County.

16. PARTIAL INVALIDITY. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement will remain in effect, unimpaired by the holding.

17. INDEPENDENT COUNSEL. The parties acknowledge that they had the time and opportunity to seek independent legal counsel regarding this Agreement and that they enter into this Agreement on an intelligent and informed basis without any undue influence.

18. CONSTRUCTION. The language of each part of this Agreement shall be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.

19. AUTHORITY / MODIFICATION. The Parties warrant and represent that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may only be modified by written agreement signed by both Parties

20. INTEGRATION. This Agreement constitutes the complete and exclusive expression of all the terms and provisions of the agreement between the Parties. This Agreement supersedes any previous agreements or negotiations between the Parties, whether oral or written. 283

21. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
[SIGNATURES ON FOLLOWING PAGE]
284
IN WITNESS WHEREOF, the Parties hereto have executed the Agreement the day and year first hereinabove written.

CITY OF ADELANTO: LICENSEE
KICKS KAFE SENIOR KLUB:
___________________ __________________________
Jessie Flores
City Manager
ATTEST: LICENSEE
CURBSIDE:
____________________ ____________________________
Brenda Lopez
City Clerk
APPROVED AS TO FORM:
_____________________________
Olivarez Madruga Lemieux O’Neill
City Attorney
285
2022-2023 Committee Appointments

NAME OF ORGANIZATION LOCATION MEETING DATE MATERIAL FOR

MEETING
PAID OR NONPAIDFILE A 700
FORM?

CONTACT REPRESENTATIVE
SBCTA– ( San Bernardino
County Transportation
Authority)
*Board of Directors
Sante Fe
Depot
1170 W 3rd
Street
San
Bernardino
CA 92410
US
1 st Wednesday @
10:00 a.m. each
month
TAC
1 st Thursday
@10:00 a.m. each
Month
Packet/Agenda Paid – 200.00
per meeting.

Delegate only
reports. It will be for
the entire San
Bernardino County. If
they have no other
interest than the
City, they can give
the Clerk a copy of
the one they fill out
for the City with a
certified letter
attached to it “no
other interested in
San Bernardino
County”
Vicki Watson, Clerk
of the Board or
Anna Aldana
(909) 884-8276
Fax:
(909)885-4407
(Delegate)Councilor
(Alternate)Councilor

(D) Mayor Pro Tem
Ramos

(A) Mayor Reyes
TAC: Jessie Flores
City Manager
City Select Committee
(when ever a vacancy occurs
on the South Coast Air
Quality Control District or
LAFCO Board) a meeting is
called
Note: If a vacancy occurs on
the LAFCO Board only a
Mayor or Mayor Pro Tem can
apply.
385 N.

Arrowhead
Ave. 2nd Floor
Bernardino,
CA 92415-
0182
Every two years
or when a
vacancy position
occurs
Notice mailed to
us
Non-Paid Not required to
file Clerk of the Board
Laura Welch
(D) Mayor Reyes
(A) Mayor Pro Tem
Ramos
Victor Valley Transit
Authority
(A) Board of Directors
(Council)
(B) TAC Meeting (Staff)
17150 Smoketree Street
Conference Room A127
Hesperia, CA. 92345
17150
Smoketree
Street
Hesperia,
CA 92345
(A) 3
rd Monday of
the month
normally; @ 9:30
a.m.
(B) 1st Wed. of the
month @ 1:30
p.m.

Hesperia City Hall
Packet/Agenda
mailed
(A) $125.00 for
each meeting
(B) Non-paid
Yes (file as
assuming office)
Kevin Kane or
Debbie Raymond
948-4330 or
948-3262 or 760-
948-4021
Councilor (D)
Staff (A)
(D) Council Member
Jeannette
(A) Council Member
Evans
TAC: Brian Wolfe
286

NAME OF ORGANIZATION LOCATION MEETING DATE MATERIAL FOR

MEETING
PAID OR NONPAIDFILE A 700
FORM?

CONTACT REPRESENTATIVE
SBCTA– ( San Bernardino
County Transportation
Authority)
*Mountain Desert
Committee/Measure I
Committee (only primary
can vote). See special
exception note.

Transportation TAC-Wilson
Mojave
Desert Air
Quality
Management
District
14306 Park
Ave.

Victorville CA
92392
3 rd Friday @
9:00 a.m. every
month
Packet/Agenda Paid - not to
exceed 4
meetings per
month - $100 per
meeting +
mileage
(This fee of four
meetings is
shared with
SANBAG Board
of Directors
meeting)
Yes
(Assuming)
Anna Aldana
(909) 884-8276
1170 West 3rd St.

San Bernardino, CA 92410
VV Sub Area Board
members @ 10:00 a.m.

Diane – 909-884-8276
Ext.113
(Delegate)Councilor
(Alternate)Councilor

(D Mayor Reyes
(A) Mayor Pro Tem
Ramos
Adelanto Community
Resource Center
11824 Air
Expressway
Adelanto, CA
92301
1 st Friday of the
month 12:00
p.m.
.

President: Melva Davis
Vice President: Staci
Johnson
[email protected]
Adelanto Liaison
(D) Mayor Reyes
(A) Mayor Pro Tem
Ramos
San Bernardino County
Solid Waste Management
Division
(A) Solid Waste Advisory
Task Force (SWAT)
Sam J.

Racadio
Library &
Environmental
Learning
Center
7863 Central
Highland, CA.
92346
Meetings held
semi quarterly
Packet Mailed Non-Paid Not
Required
Rex Richardson
(909) 386-8701
Council (D)
Staff (A)
(D) Council Member
Jeannette

(A) Mayor Pro Tem
Ramos

Mojave Desert Air Quality
Mgmt. District Mobile
Source Emission
Reductions Committee
They have 3 spots for cities
to sit on this committee.

They rotate the cities every
2 years.
14306 Park
Ave
Victorville, CA
92392

AS NEEDED
(will be
contacted)
Packet/Agenda
Mailed
Non-Paid Roseanna Navarro
Brasington
(760) 245-1661
(D) Council
(A) Council
(D) Council Member
Evans
(A) Council Member
Jones
287
\

NAME OF ORGANIZATION LOCATION MEETING DATE MATERIAL FOR

MEETING
PAID OR NONPAIDFILE A 700
FORM?

CONTACT REPRESENTATIVE
League of California
Cities
Desert Mountain Division
(A) Board
(B) Legislative Task Force
(after Board Meeting)
City’s League Representative:

Nancy Cisneros, (909) 230-3940
Coordinating City:

Apple Valley
Meeting locations
are on a rotating
basis
4 th Friday of the
month (every
other month)
10 a.m.

Packet/Agenda
e-mailed
Non-Paid Not
Required
Jennifer Heim
Jackson
Special Projects
Manager, Town of
Apple Valley
(760) 240-7000 Ext
7054
President
Scott Nassif
Mayor Town of
Apple Valley
(760) 617-0941
(D) Council
(A) Council
(D) Mayor Reyes
(A) Council Member
Evans
Mojave Desert Air Quality
Management District
Governing Board
14306 Park Ave.

Victorville, CA
4 th Monday of
every month at
10:00 a.m.

Packet/Agenda
Mailed or
EMAILED or
by CD
(Your choice)
$100.00 per
meeting plus
mileageConcurrent with
the IRS mileage
Yes
Diana Hernandez
Baird Clerk of the
Board
245-1661 ext. 5040
Fax: 241-6271
(D) Council
(A) Council
(D) Council Member
Evans
(A)Mayor Pro Tem
Ramos
High Desert Corridor
Joint Powers
Association (HDCJPA)
385 N. Arrowhead Ave.
2 nd Floor
San Bernardino ,CA
92415
To be
Determined
To be Noticed Notice by E-mail Non-Paid Yes
(Assuming)
Laura Welch
Clerk of the Board
of Supervisors
Donna Young
Executive
Secretary
909-387-3848
Michele Moreno
(Delegate)Councilor
(Alternate)Councilor

(D) Mayor Reyes
(A) Mayor Pro Tem
Ramos
288

NAME OF ORGANIZATION LOCATION MEETING DATE MATERIAL FOR

MEETING
PAID OR NONPAIDFILE A 700
FORM?

CONTACT REPRESENTATIVE
Mojave Desert and
Mountain Integrated Waste
Joint Powers Authority
Victor Valley
Materials
Recovery
Facility
17000 Abbey
Lane
Victorville,
CA
Quarterly Packet Mailed $75.00 each
meeting &
Mileage going
rate
Yes
John Davis
(909)797-7717
or
Ed Hunt
(760) 241-1284
Council (D)
Staff (A)
(D) Council Member
Jeannette

(A) Mayor Pro Tem
Ramos
VVEDA
(A) Board
(B) TAC
18374
Phantom
Victorville CA
92394
(A) Meetings held
quarterly (March,
June, Sept., Dec.)
3rd Wed. at 4:30
p.m.
(B) 3rd Wed. of
every month at
4:00 p.m.

Packets mailed Non-paid Yes Jennifer Thompson
(760) 243-4773
(A)Council
(B)TAC
(D) Mayor Reyes

(A)Mayor Pro Tem
Ramos
TAC: Jessie Flores
City Manager
SCAG

Palm Desert
once a year
in May
General Assembly
Meeting Held May
Desert Springs
Resort Palm
Desert CA & Spa
Conference paid
for by SCAG Yes only
Annual
not
assuming
213-236-1858
818 W. 7th St
12th Floor
Los Angeles CA 90017
Board
(D)Mayor
(A)Council
Done yearly at time of
meeting
289

Adelanto City CouncilJanuary 12, 2022

Adelanto City Council
January 12, 2022