Agenda, regular meeting — Adelanto City Council, March 9, 2022

AGENDA

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
March 9, 2022

City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Stevevonna Evans, Councilor
Joy Jeannette, Councilor
Keron Jones, Councilor
City Manager
Jessie Flores
City Attorney
Marc Tran
Meetings held:
2 nd & 4thWednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto
Closed Session: 6:00 p.m.

O pen Session: 7:00 p.m.

Until further notice, only Council members and essential staff are allowed to be physically present inside Council Chambers, and will be seated the recommended distance from each other. Public participation is solely via call-in or via written correspondence. TO PARTICIPATE, please call, email, or send mail to the contact info provided below/on the City Council Agenda.

On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which was effective immediately and amends Government Code § 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically.

Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via web-ex at https://ci-adelanto-ca.webex.com/ci-adelantoca/j.php?MTID=m95d0d169485f2fe98a484080589943ef - PASSCODE 7601 To Participate and Call in for public comments:

Please call 1-415-655-0001 along with conference code 146 275 0870 Should you wish to speak on the item push *3, you will be placed in the que. *Please Note – This process will be a learning curve for all, please be patient. 1 REGULAR MEETING
March 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS

ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104.
2 REGULAR MEETING
March 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Jeannette ________
Councilor Jones ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________

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

C. APPROVAL OF AGENDA
D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, subdivision (d)(4) (one potential case)

E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM
A. CALL TO ORDER— CLOSED SESSION MEETING
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
March 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us F. CONVENE INTO CLOSED SESSION
TIME: _____________

1. Motion to go into Closed Session.

M__________________S__________________ACTION_________________ G. RECONVENE FROM CLOSED SESSION
TIME: _____________
H. CALL TO ORDER—REGULAR MEETING
ROLL CALL: Councilor Evans ________
Councilor Jeannette ________
Councilor Jones ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________
I. CLOSED SESSION REPORT
J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
K. CITY MANAGERS ANNOUNCEMENTS AND REPORT
4 REGULAR MEETING
March 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us L. PRESENTATIONS
M. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *3 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

N. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council or member of the audience requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

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

2. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE

CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER

CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E) AND OTHER APPLICABLE PROVISIONS OF AB 361 RESOLUTION NO. 22-11

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 MARCH 9, 2022, THROUGH APRIL 8, 2022, PURSUANT TO BROWN ACT PROVISIONS
5 REGULAR MEETING
March 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

3. APPROVAL OF CONTRACT WITH SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT FOR HOUSEHOLD HAZARDOUS WASTE AGREEMENT.

RESOLUTION NO. 22-13

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

OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE HOUSEHOLD HAZARDOUS WASTE AGREEMENT WITH THE SAN

BERNARDINO COUNTY FIRE PROTECTION DISTRICT
M__________________S__________________ACTION____________________ O. PUBLIC HEARING
OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING:

1. DISCUSSION AND CONSIDERATION OF ORDINANCE NO. 625 TO ADD A NEW CHAPTER 9.110 TO THE CITY’S MUNICIPAL CODE PERTAINING TO NOISE CONTROL. (CITY ATTORNEY) RECOMMENDATION: It is recommended that the City Council of Adelanto introduce and waive the first reading of Ordinance No. 625 designed to limit the adverse effects of unwanted and intrusive noises within the City of Adelanto (“City”). This Ordinance will create criteria and procedure for the measuring of sound levels in accordance with various zoning areas. The Ordinance will also address penalties. As well as penalties for violations of specified noise levels.

ORDINANCE NO. 625

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, ADDING CHAPTER 9.110 (NOISE CONTROL) TO TITLE 9 (PUBLIC PEACE, SAFETY AND MORALS) OF THE

ADELANTO MUNICIPAL CODE
M__________________S__________________ACTION___________________ 6 REGULAR MEETING
March 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING:

2. INCREASE TO CITY COUNCIL STIPEND. (CITY ATTORNEY)
RECOMMENDATION: Staff recommends that the

1. City Council repeal Ordinance No. 595 which established the Mayor and City Council Member stipend amounts in December 2018.

2. City Council introduce and waive the first reading of Ordinance No. 626 to approve an increase in the City Council stipend amount from $924.00 to $1,108.80 per month for the Mayor, and from $708.40 to $850.08 per month for each Council Member.

3. City Council schedule the second reading of Ordinance No. 626.

4. City Council to approve a budget amendment in the amount of $9,018.24 to be decreased from the General Fund account number 100-1010-502-40 fund balance.

ORDINANCE NO. 626

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, REPEALING ORDINANCE NO. 595, AND

SETTING FORTH COMPENSATION RATES FOR THE MAYOR AND CITY

COUNCIL MEMBERS
M__________________S__________________ACTION___________________ P. NEW BUSINESS- ADELANTO PUBLIC UTILITY AUTHORITY
PUBLIC COMMENT: OPEN: CLOSED:

1. TREATMENT PLANT SCADA PANEL UPGRADE. (ANGEL)
RECOMMENDATION: Staff recommends approving Vertech to perform the SCADA panel upgrade at water treatment plant.

M__________________S__________________ACTION___________________ 7 REGULAR MEETING
March 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Q. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. RECOMMEND AWARD OF CONTRACT FOR THE MOJAVE DRIVE AND BELLFLOWER STREET DRY WELL PROJECT. (BRIAN)
RECOMMENDATION: Staff recommends City Council approve an award of contract for the Mojave Drive and Bellflower Street Dry Well Project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.

M__________________S__________________ACTION___________________ PUBLIC COMMENT: OPEN: CLOSED:

2. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-12 AUTHORIZING

APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM. (CITY ATTORNEY)
RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 22-12 authorizing application to and participation in the Prohousing Designation Program and authorize the City Manager to negotiate and execute all necessary documents to facilitate application for, receipt of, and participation in the Prohousing Designation Program.

RESOLUTION NO. 22-12

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING APPLICATION

TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM M__________________S__________________ACTION___________________ 8 REGULAR MEETING
March 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED:

3. CONSIDERATION, APPROVAL AND ADOPTION OF RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE STATE OF CALIFORNIA’S CANNABIS EQUITY GRANT ACT’S GRANT AWARD (JAIMIE)
RECOMMENDATION: Staff is recommending the City Council adopt the resolution authorizing the City Manager to execute the grant agreement for the State of California’s Cannabis Equity Act’s grant funding for $75,000 to conduct an equity assessment and begin planning the City’s cannabis equity program.

RESOLUTION NO. 22-10

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AGREEMENT FOR THE STATE OF
CALIFORNIA’S CANNABIS EQUITY ACT’S GRANT FUNDING
M__________________S__________________ACTION___________________ R. ITEMS REMOVED FROM THE CONSENT CALENDAR
S. FUTURE AGENDA ITEMS
9 REGULAR MEETING
March 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us T. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *3 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
U. ADJOURNMENT
The next Regular Meeting of the City Council will be held on March 23, 2022, at 7:00 p.m.

TIME OUT: ______________
M__________________S__________________ACTION____________________

I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,

HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON MARCH 4, 2022, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, AND ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk, CMC
V. DECLARATION OF POSTING
10 REGULAR MEETING
March 9, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.

CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.

CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.

LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.

RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption 11 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
MARCH 9, 2022
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which was effective immediately and amends Government Code § 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically.

Please call 1-415-655-0001 along with conference code 146 275 0870## Should you wish to speak on the item push *3, you will be placed in the que. *Please Note – This process will be a learning curve for all, please be patient.

TIME TELECONFERENCE
Closed Session – 6:00 p.m. To Participate and and Call in for public comments:

Open Session – 7:00 p.m. Please call 1-415-655-0001 along with conference code 146 275 0870##
Should you wish to speak on the item push *3, you
will be placed in the que. *

Brenda Lopez, City Clerk, CMC
DATED: March 4, 2022
12 CITY COUNCIL AGENDA REPORT
DATE: March 9, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE

CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY

BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E) AND OTHER APPLICABLE PROVISIONS OF AB 361 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), for the period from March 9, 2022, through April 8, 2022.

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(b)(3)) 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:
13 1. State or local officials have imposed or recommended social distancing; or

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.

On February 9, 2022, the City Council adopted Resolution No. 22-06, 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 al l Commissions of the City of Adelanto, for the period from February 9, 2022, through March 11, 2022, pursuant to Brown Act provisions.

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. Given that Resolution Number 22-06 expires on March 11, 2022, staff recommends the City Council adopt the attached resolution before the existing resolution lapses.

FISCAL IMPACT:

There is no fiscal impact to the City.

ATTACHMENTS:

Resolution No. 22-11
14 CITY COUNCIL AGENDA REPORT
DATE: March 9, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: APPROVAL OF CONTRACT WITH SAN BERNARDINO COUNTY FIRE PROTECTION

DISTRICT FOR HOUSEHOLD HAZARDOUS WASTE AGREEMENT
STAFF RECOMMENDATION:

Staff recommends that the City Council approve the attached contract with the San Bernardino County Fire Protection District (“District”) for household hazardous waste services.

BACKGROUND:

The California Public Resource Code requires cities to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the City.

The District has been handling the household hazardous waste for five years prior on behalf of the City. The proposed contract rate for the 2022-2027 term is set at an amount not-to-exceed $237,586.14.

FISCAL IMPACT:

Quarterly payments of $11,075.43 will be made out of the General Fund, for a total of $44,301.73 for fiscal year 2022/2023 and increasing annually according to the contract attached.

ATTACHMENTS:

San Bernardino County Fire Protection District Contract Resolution No. 22-13
15 2824 “W” Street Bldg. 302 ● San Bernardino, CA 92415-0799 ● (909) 382-5401 ● Fax (909) 382-5413

BOARD OF DIRECTORS
Col. Paul Cook (Ret.) Janice Rutherford Dawn Rowe Curt Hagman Joe Baca Jr. Leonard X. Hernandez First District Second District Vice Chair, Third District Chairman, Fourth District Fifth District Chief Executive Officer

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
Office of the Fire Marshal
Household Hazardous
Waste Section
sbcfire.org
Daniel R. Munsey
Fire Chief/Fire Warden
Michael A. Horton
Fire Marshal/Deputy Fire Warden
January 12, 2022
Ms. Brenda Lopez
11600 Air Expy
Adelanto, CA 92301
Subject: HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT Dear Ms. Lopez,
The Agreement between City of Adelanto and San Bernardino County Household Hazardous Waste Section will expire on June 30, 2022. Please find enclosed the agreement between City and County for a 5-year period.

Please have City Manager review the agreement and send a signed copy to me via email. This will then be sent to County Counsel and Board of Supervisors for final approval. Once all signatures are obtained, a copy of the agreement will be sent to City of Adelanto.

Thank you for your help with this time sensitive document. If you have any questions or concerns, please contact me at (909) 382-5401 or [email protected] Sincerely,
Jose Rodriguez
Assistant Fire Marshal
Enclosure: Household Hazardous Waste Collection Agreement 16 Standard Contract Page 1 of 6

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY San Bernardino County Fire
Protection District
Department Contract Representative Jose Rodriguez
Telephone Number (909) 382-5401
Contractor City of Adelanto
Contractor Representative
Telephone Number (760) 246-2300 x11123
Contract Term July 1, 2022 through June 30, 2027
Original Contract Amount $237,586.14
Amendment Amount
Total Contract Amount $237,586.14
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:

HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT
This Agreement is made and entered into between the San Bernardino County Fire Protection District, hereinafter referred to as “District” and the City of Adelanto hereinafter referred to as the “City.” RECITALS:

WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the city or county and which should be separated from the solid waste stream; and, WHEREAS, San Bernardino County and each of the cities in the County have developed Household Hazardous Waste Elements (HHW) which identify a county-wide cooperative program for the management of Household Hazardous Waste; and,
WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with the adopted HHWE; and,
Contract Number
SAP Number
17 Revised 7/15/19 Page 2 of 6
WHEREAS, the District’s Section of Hazardous Materials, is a section of the District responsible for the safe management of hazardous waste; and,
WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling.

NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows:

WITNESSETH:

RESPONSIBILITIES AND DUTIES OF THE CITY

1. The City shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose of Household Hazardous Waste and inform its residents of the availability of nearby household hazardous waste collection facilities for safe management of household hazardous waste, in the manner and form recommended by District.

2. The City shall publicize to its residents the maximum quantities of hazardous waste allowed for transportation which are containers no larger than 5 gallons and maximum quantities of 15 gallons or 125 pounds per trip brought to a household hazardous waste collection facility per participant.

3. The City shall publicize to its small businesses that need to dispose of small quantities of business waste to contact the District and make an appointment to use the Very Small Quantity Generator (VSQG) program for proper disposal.

4. The City shall publicize to its residents that home generated sharps containers shall only contain needles, lancets and syringes with a needle attached that must be completely spent (used and no liquid remaining, this includes EpiPens). The public may use 2 gallon or smaller heavy-duty plastic household containers as an alternative to plastic bio-hazard sharps containers. The container should be leak-resistant, remain upright during use and have a tight fitting, puncture-resistant lid, such as a plastic laundry detergent container. Containers consisting of glass, metal, cardboard or paper will not be accepted.

RESPONSIBILITIES AND DUTIES OF THE DISTRICT

5. The District shall continue to operate a comprehensive Household Hazardous Waste Program (Program) for the safe collection, recycling, treatment and disposal of household hazardous waste, including universal waste, Home-generated Sharps (HGS), and pharmaceutical waste excluding controlled substances. The District program shall be based on a Central Processing Facility and a regional network of collection centers sited so as to provide safe, convenient service to the public in a cost-effective manner.

6. The District shall provide an annual report to the City, which shall include the amounts and types of waste collected, participation by jurisdiction, and final disposition of the waste. The report will be provided at no additional cost to the City.

7. The District shall compile and provide to the California Department of Resources Recycling and Recovery (CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, the City’s Annual Form 303 Report. The report will be provided at no additional cost to the City.

8. The District shall provide to the City, flyers/brochures/education material that shall be distributed by the City electronically. Hard copies will also be provided upon request, at no additional cost to the City. 18 Revised 7/15/19 Page 3 of 6

9. The District shall charge any business that disposes of household hazardous waste the actual cost of disposal as indicated in the District’s fee ordinance. For cities or community services districts that operate their own household hazardous waste collection facility, if business waste is accepted at any satellite facility, the City or community services district will be responsible for the disposal cost of the business waste.

10. The District shall provide an electronic biohazardous waste label to every participant that disposes of home generated sharps. The public may use 2 gallon or smaller heavy-duty plastic household containers such as a plastic laundry detergent container as an alternative to plastic bio-hazard sharps containers.

The biohazardous waste label shall be placed on the rigid heavy-duty, puncture-resistant plastic container used to dispose of home generated sharps.

CONSIDERATION

11. In consideration for the services provided, City shall pay the District the following amount not to exceed $237,586.14:

Fiscal Year Annual Amount Amount per quarter
2022/2023 $44,301.73 $11,075.43
2023/2024 $45,741.54 $11,435.38
2024/2025 $47,342.49 $11,835.62
2025/2026 $49,117.83 $12,279.46
2026/2027 $51,082.55 $12,770.64

12. Payments will be due on July 15, October 15, January 15, and April 15 of each year through the term of the contract.

TERM AND TERMINATION

13.This Agreement shall be effective July 1, 2022 and shall remain in effect through June 30, 2027, but may be renewed for specified periods, unless, otherwise terminated or amended.

14. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior written notice to the other party.

INSURANCE AND INDEMNIFICATION

15. City and District are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.

16. District agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless City, its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence 19 Revised 7/15/19 Page 4 of 6
or degree of fault of indemnities. The District’s indemnification obligation applies to City’s “active” as well as “passive” negligence but does not apply to City’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

City agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless District, its officers, employees, agents and volunteers, from claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The City’s indemnification obligation applies to District’s “active” as well as “passive” negligence but does not apply to District’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

In the event District and/or City are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, District and/or City, as applicable, shall indemnify the other to the extent of its comparative fault.

Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, District and City hereby waive any and all rights of subrogation recovery against each other.

Furthermore, if District or City attempts to seek recovery from the other for Workers’ Compensation benefits paid to an employee, District and City agree that any alleged negligence of the employee shall not be construed against the employer of that employee.

GENERAL TERMS AND CONDITIONS

17. Representation of the District. In the performance of the Agreement, City, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the District.

18. Change of Address. City shall notify the District in writing of any change in mailing address within ten (10) business days of the change.

19. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable by City, either in whole or in part.

20. Agreement Amendments. City agrees that any alterations, variations, modifications, waivers, or provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and approved by the required persons of both City and District.

21. Correction of Performance Deficiencies. Failure by City to comply with any of the provisions, covenants, requirements or conditions of this agreement shall be a material breach of this agreement.

In the event of a non-cured breach, District may, at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract:

A. Afford City thereafter a time period within which to cure the breach, which period shall be established at sole discretion of District; and/or,
B. Terminate this Contract.

22. Attorney Fees and Costs. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under INDEMNIFICATION paragraphs. 20 Revised 7/15/19 Page 5 of 6

23. Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County Superior Court. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third-party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County Superior Court. This contract shall be governed by the laws of the State of California.

24. Notification. In the event of a problem or potential problem that will impact the level of performance by a Party under this Agreement, the Party shall notify the other Party within one (1) working day, in writing and by telephone.

25. Former County and District Officials. City agrees to provide or has already provided information on former San Bernardino County and District administrative officials (as defined below) who are employed by or represent City. The information provided includes a list of former County and District administrative officials who terminated COUNTY or District employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of City. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Administrative Officer or member of such officer’s staff, County or District department or group head, assistant department or group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit.

26. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement District determines that City has made a material misstatement or misrepresentation, or that materially inaccurate information has been provided, this Agreement may be immediately terminated. If the Agreement is terminated according to this provision, the District is entitled to pursue any available legal remedies.

27. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized official of such party; and no waiver of any default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further exercise of such right or of any further default.

28. Severability. If any provisions of this agreement, or portions thereof, or the application thereof to any circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application thereof to other circumstances shall nevertheless be valid.

29. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:

DISTRICT: Monica Ronchetti
Deputy Fire Marshal/CUPA Manager
Household Hazardous Waste Section
2824 East “W” Street
San Bernardino, CA 92415-0799
CITY: City of Adelanto
P.O. Box 10
Adelanto, CA 92301

30. Entire Agreement.

A. This agreement is intended by the parties hereto as a final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and supersedes any and all prior and contemporaneous agreements and understandings.

B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document. 21 Revised 7/15/19 Page 6 of 6

31.This agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterpart shall together constitute one and the same agreement.

The parties shall be entitled to sign and transmit an electronic signature of this agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed agreement upon request.

IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Secretary thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day, month and year written.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Scott Runyan, Supervising Deputy County
Counsel
Date Date Date

SAN BERNARDINO COUNTY FIRE PROTECTION

DISTRICT
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Directors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell, Secretary (Print or Type)
By Dated:

Deputy
Address
22 RESOLUTION NO. 22-13

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

OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE HOUSEHOLD HAZARDOUS WASTE AGREEMENT WITH THE SAN

BERNARDINO COUNTY FIRE PROTECTION DISTRICT
WHEREAS, California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste Element (HHWE), which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the city or county and which should be separated from the solid waste stream;
WHEREAS, San Bernardino County and each of the cities in the County have developed HHWE which identify a county-wide cooperative program for the management of Household Hazardous Waste;
WHEREAS, the existing Household Hazardous Waste program operated by the San Bernardino County Fire Protection District (“District”) is consistent with the adopted HHWE; WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling;
WHEREAS, the District has provided Household Hazardous Waste Collection services on behalf of the City for the last five years and the current Household Hazardous Waste Collection Agreement is set to expire in June 2022;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Adelanto hereby authorizes the City Manager of the City of Adelanto to execute, on behalf of the City Council of Adelanto, the Household Hazardous Waste Collection Agreement with the San Bernardino County Fire Protection District, including any extensions or amendments thereof.

PASSED, APPROVED AND ADOPTED this 9
th day of March, 2022.
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
23 Resolution No. 22-13

Page 2 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-13 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 9
th day of March, 2022 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

NOISE CONTROL
STAFF RECOMMENDS:

It is recommended that the City Council of Adelanto introduce and waive the first reading of Ordinance No. 625 designed to limit the adverse effects of unwanted and intrusive noises within the City of Adelanto (“City”). This Ordinance will create criteria and procedure for the measuring of sound levels in accordance with various zoning areas. The Ordinance will also address penalties. As well as penalties for violations of specified noise levels.

BACKGROUND:

The California Constitution and California Health and Safety Code Section 46001 provide cities with the authority to declare, prohibit, and abate nuisances. These nuisances can include excessive noises that at high enough levels can create serious hazards to the public health and welfare. The continuous bombardment of noise within City limits can lead to physiological, psychological, and economic damage. In an effort to continue promoting a safe and nuisance free environment, Staff seeks to pass this Noise Control Ordinance.

The City Municipal Code currently addresses noise control in the context of animal noise (AMC, § 7.04.070), motor vehicles (AMC, § 10.30.080), and construction (AMC, § 17.90.020). In addition, noise complaints could be addressed as a general public nuisance issue under Chapter

8.25. However, the City does not currently have a specific noise control ordinance.

ANALYSIS:

Ordinance No. 625 would create a regulatory structure that specifically addresses noise issues throughout the City.

The following is a summary of the proposed ordinance:

General Changes
- Sets ambient noise level limitations for various zoning areas. - Creates procedures for the measuring of sound levels through quantitate and qualitative data.
25 February 9, 2022

Page 2 ends

- Establishes, exemptions for noise created through necessity, such as City construction, public events, and emergency services.
- Provides a comprehensive list of acts classified as noise disturbances. - Creates a right for the City to assess penalties and conduct civil proceedings pertaining to noise control violations.

FISCAL IMPACT:

The ordinance calls for the use of Type S2A Sound Level Meter. Additional fiscal impacts include staff time for enforcement efforts that may be offset by citations. 26 1
ORDINANCE NO. 625

A RESOLUTION OF THE CITY COUNCIL, OF THE

CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA,
ADDING CHAPTER 9.110 (NOISE CONTROL) TO TITLE 9 (PUBLIC PEACE, SAFETY

AND MORALS) OF THE ADELANTO MUNICIPAL CODE
WHEREAS, the City of Adelanto is a municipal corporation, duly organized under the constitution and laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws;
WHEREAS, the California Health and Safety Code Section 46001 provides that the City of Adelanto may make and enforce additional regulations to declare, prohibit, and abate nuisances within its city limits;
WHEREAS, the City Council finds that unnecessary noise in residential areas of this township is detrimental to the public health and safety and constitutes a public nuisance; and WHEREAS, the City Council also finds and recognizes that certain levels of noise are unavoidable; and
WHEREAS, the City Council finds that the elimination of noise beyond that which is essential to everyday living is beneficial to all residents of the City.

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

Section 1. Incorporation of Recitals. The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in full herein.

Section 2. Chapter 9.110 of Title 9, is hereby added to the Adelanto Municipal Code to read as follows:

Chapter 9.110 Noise Control
Sections:

9.110.010 Purpose

9.110.020 Definitions

9.110.030 Noise Measurement Criteria

9.110.040 Noise Measurement Procedure

9.110.050 Base Ambient Noise Levels

9.110.060 Noise Levels Prohibited

9.110.070 Noise Source Exemptions
27 2

9.110.080 Disturbing Noises Prohibited

9.110.090 Noise Disturbances- Acts Specified

9.110.100 Notice and Penalties

9.110.010 Purpose.

The purpose of this chapter is to establish criteria and standards for the regulation of noise levels within the City of Adelanto. The City Council declares and finds that excessive noise levels are detrimental to the public health, welfare, and safety and contrary to the public interest. It is the intent of this chapter to protect persons form excessive levels of noise from sources including but not limited to; persons, animals, or fowl; automobiles, motorcycles, engines, machines, or other mechanical devices; loudspeakers, musical instruments, radios, televisions, record players or other amplifying devices. This chapter includes standards for the measurement of noise levels to ensure that noise levels do not disturb and interfere with the peace, comfort, or repose of the residents of the neighborhood from which the noise is emitted.

9.110.020 Definitions.

The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

A. “A-weighted sound level” means the sound pressure level in decibels as measured on a sound level meter using A-weighting network. The level to read is designated db(A) or dB(A).

B. “Ambient Noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding any intrusive noise.

C. "Commercial area" means any area occupied by businesses which sell, rent, trade, or store goods, or which provide a service.

D. “Consumer” means a Person who purchases a Tobacco Product for consumption and not for Sale to another.

E. "Decibel (dB)" means a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter).

F. "Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
28 3
G. "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

H. "Industrial area" means any area occupied by land uses whose primary operation involves manufacturing, assembling, processing, or otherwise treating raw materials, semifinished products, or finished products, for packaging and distribution to either wholesale or retail markets.

I. "Noise" means any sound which annoys or disturbs humans, or which causes or tends to cause an adverse psychological or physiological effect on humans.

J. "Noise disturbance" means any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property.

K. "Noise sensitive zone" means any area designated for the purpose of insuring exceptional quiet.

L. "Noise source" means a disturbance-causing operation which originates from a single unit or noise generating mechanism which operates simultaneous ly.

Example of a single noise source is the combination of motor, pump, and compressor; oil drilling rig; or a power plant with several boilers.

M. "Noise zone" means defined areas or regions of a generally consistent land use community wherein the ambient noise levels are generally similar (within a range of five (5) decibels). Typically, most sites within any given noise zone will be of comparable proximity to major noise sources.

N. "Noncommercial purpose" means the use, operation, or maintenance of any sound equipment for other than a commercial purpose, including, but not limited to, philanthropic, political, patriotic and charitable purposes.

O. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

P. "Public space" means any real property or structures thereon which are owned or controlled by a governmental entity.

Q. "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
29 4
R. "Sound" means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency.

S. "Sound amplifying equipment" means any machine or device for the amplification of the human voice, or music, or any other sound, excluding standard automobiles when used and heard only by the occupants of the vehicle in which the device is installed and, as used in this Chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

T. "Sound level" means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C, as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-l971 or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

U. "Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which satisfies the requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meters, S1.4- 1971, or the most recent revision thereof.

V. "Vibration" means mechanical motion of the earth or ground, building, or other type of structure, induced by the operation of any mechanical device or equipment located upon or affixed thereto.

9.110.030 Noise Measurement Criteria.

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in this chapter. The location selected for measuring exterior noise levels shall be at any point on the property line of the offender or anywhere on the affected property.

9.110.040 Noise Measurement Procedure.

A. The measurement procedure presented in this Section assumes that personnel performing the noise measurements have been trained in the use of the instruments and in interpretation of measured data. Upon receipt of a complaint from a citizen, an agent of the City, equipped with sound level measurement equipment satisfying the requirements specified in Section 9.110.020, shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem, and shall include the following:
30 5

1. Nonacoustic Data.
a. Type of noise source.
b. Location of noise source relative to complainant's property. c. Time period during which noise source is considered by complainant to be intrusive.
d. Total duration of noise produced by noise source.
e. Date and time of noise measurement survey.

2. Procedure. Utilizing the A weighting scale of the sound level meter and the slow meter response, the noise level shall be measured at a position or positions along the complainant's property line closest to the noise source or at the location along the boundary line where the noise level is at a maximum. In general, the microphone shall be located five feet (5') above the ground; ten feet (10') or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made at a point at least four feet (4') from the wall, ceiling, or floor nearest the noise source with windows in the normal seasonal configuration. Calibration of the instrument being used shall be performed immediately prior to and following the recording of any noise data utilizing the acoustic calibrator.

9.110.050 Base Ambient Noise Levels.

All ambient noise measurements shall commence in decibels within the respective zones and times as follows:

Zone Time Sound Level Decibels
All Residential Zones 10:00pm to 7:00am
7:00am to 10:00pm
55 dB(A)
All Commercial Zones Anytime 70 dB(A)
All Industrial Zones Anytime 75 dB(A)
If the ambient noise level exceeds the applicable limit as noted in the above table, the ambient noise level shall be the standard.

9.110.060. Noise Levels Prohibited
A. Unless otherwise permitted, noise levels shall not exceed the ambient noise levels in Section 9.11.060 by the following dB(A) levels for the cumulative period of time specified:
31 6

1. Less than 5dB(A) for a cumulative period of more than thirty minutes in any hour.

2. Less than 10 dB(A) for a cumulative period of more than fifteen minutes in any hour.

3. Less than 15 dB(A) for a cumulative period of more than five minutes in any hour.

4. Less than 20 dB(A) for a cumulative period of more than one minute in any hour.

5. 20 dB(A) or more for any period of time.

9.110.070 Noise Source Exemptions.

A. The following activities shall be exempted from the provisions of this chapter:

1. All mechanical devices, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work.

2. The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation projects, public works projects or essential public works services and facilities.

3. Activities conducted on the grounds of any elementary, intermediate, secondary, or post-secondary school.

4. Outdoor gatherings, public dances and shows, provided said events are conducted pursuant to a permit as required by this Code.

5. Activities conducted in public parks and public playgrounds, provided said events are conducted pursuant to a permit as required by this code.

6. Any activity to the extent regulation thereof has been preempted by state or federal law.

7. Traffic on any roadway or railroad right-of-way.

8. The operation of any airport.

9. Construction activity on private properties that are determined by the director of building and safety to be essential to the completion of a project.
32 7

9.110.080 Disturbing Noises Prohibited.

A. Notwithstanding any other provision of this Chapter, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, a loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

B. The standards which shall be considered in determining whether a violation of the provisions of this Section exist shall include, but not be limited to the following:

1. The sound level of the objectionable noise.

2. The sound level of the ambient noise.

3. The proximity of the noise to residential sleeping facilities.

4. The nature and zoning of the area within which the noise emanates.

5. The density of the inhabitation of the area within which the noise emanates.

6. The time of day or night the noise occurs.

7. The duration of the noise and its tonal, informational or musical content.

8. Whether the noise is continuous, recurrent, or intermittent.

9. Whether the noise is produced by a commercial or noncommercial activity.

9.110.090 Noise Disturbances - Acts Specified.

The following acts, and the causing or permitting thereof, are declared to be in violation of this Chapter:

A. Radios, television sets, musical instruments, and similar devices. Operating, playing, or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound in violation of Section 9.110.050.

B. Loudspeakers (amplified sound). Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device between the hours of ten p.m. and seven a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisions of Sections 9.110.050, except for any noncommercial public speaking, 33 8
public assembly or other activity for which a variance has been issued by the appropriate department.

C. Street sales. Offering for sale, selling anything or advertising by shouting or outcry within any residential or commercial area or noise sensitive zone of the City except by variance issued by the appropriate office. The provisions of this subsection shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses or other similar licensed public entertainment events.

D. Animals and birds. Owning, possessing, or harboring any animal or bird which frequently or for continued duration howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential or commercial real property line or within a noise sensitive zone. This provision shall not apply to public zoos.

E. Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. the following day in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Sections 9.110.050.

F. Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at one hundred fifty feet (150') (forty-six (46) meters) from the source if on a public space or public right-of-way. For the purposes of this subsection, "vibration perception threshold" means the minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such directed means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be .001 g's in the frequency range 0—30 hertz and .003 g's in the frequency range between thirty and one hundred hertz.

G. Explosives, firearms, and similar devices. Using or firing explosives, firearms, firecrackers, or similar devices such that the sound therefrom creates a noise disturbance across a real property line, or within a noise sensitive zone, public space or public right-of-way, without first obtaining a variance issued by the appropriate regulatory agency.

H. Stationary nonemergency signaling devices.

1. Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than ten (10) seconds in any hourly period.
34 9

2. Houses of religious worship and chimes in the civic center shall be exempt from the operation of this provision.

3. Sound sources covered by this provision and not exempted under Subsection 9.110.090.H.2 of this Section may be exempted by a variance issued by the appropriate office.

I. Emergency signaling devices.

1. The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in Subsection 9.110.090.I of this Section.

2. Testing of a stationary emergency signaling device shall not occur before seven a.m. or after seven p.m. Any such testing shall only use the minimum cycle test time. In no case shall such test time exceed ten (10) seconds.

3. Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device shall not occur more than once in each calendar month.

Such testing shall not occur before seven a.m. or after ten p.m. The time limit specified in Subsection 9.110.909.I.2.a of this Section shall not apply to such complete system testing.

4. Sounding or permitting the sounding of any exterior burglar or fire alarm unless such alarm is automatically terminated within fifteen (15) minutes of activation.

J. Noise sensitive zones.

1. Creating or causing the creation of any sound within any noise sensitive zone, so as to exceed the specified land use noise standards set forth in Sections 9.110.050; or

2. Creating or causing the creation of any sound within or adjacent to any noise sensitive zone containing a hospital, nursing home, school, court or other designated use so as to interfere with the functions of such activity or annoy the patients or participants of such activity.

K. Domestic power tools

1. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between ten 35 10
p.m. and seven a.m. the following day so as to create a noise disturbance across a residential or commercial real property line.

2. Any motor, machinery, pump, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance.

3. Operating leaf blowers, consisting of portable power equipment used in any landscape maintenance, construction, property repair or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass clippings, cuttings, or trimmings from plants, trees or other debris is unlawful if operated within any residential area or in any nonresidential area within four hundred feet (400') of any residential area in the City between the hours after eight p.m. and before eight a.m. Monday through Friday, after five p.m. and before nine a.m. on Saturdays, and after five p.m. and before eleven a.m. on Sundays and legal holidays. Notwithstanding the provisions of Section 9.110.100, violations of this Subsection 9.110.090.K.3 shall be infractions except as specifically provided in this Section. The first violation in any one (1) year period shall be subject to a fine of fifty dollars ($50.00); a second violation in any one (1) year period shall be subject to a fine of seventy-five dollars ($75.00); a third violation in any one (1) year period shall be subject to a fine of one hundred dollars ($100.00). A fourth or subsequent violation of this Subsection in any one (1) year period may be filed as a misdemeanor.

Notwithstanding the provisions of any other Section in this Chapter, the provisions of this subsection may be enforced by a peace officer.

L. Air-conditioning or air refrigerating equipment. Operating or permitting the operation of any air-conditioning or air refrigerating equipment in such a manner as to exceed any of the following sound levels measured as specified in the American Society of Heating, Refrigeration and Air Conditioning Engineers Code of Recommended Practices:

Measurement Location Units Installed Before 01-01-80
dB(A)
Units Installed After 01-01-80
dB(A)
Any point on neighboring
property line, five feet above
grade level, no closer than three
feet from any wall
60 55
Center of neighboring patio five
feet above grade level, no closer
than three feet from any wall
55 50
Outside the neighboring living
area window nearest the
equipment location, not more
than three feet from the window
55 50
36 11
opening, but at least three feet
from any other surface

9.110.100 Notice and Penalties.

A violation of any provision of this Chapter shall be cause for a notice of violation to be issued by the responsible enforcement agency. Thereafter, the City may resort to any other appropriate legal action as provided by law.

Any person violating any of the provisions or failing to comply with the requirements of this chapter, is guilty of a civil penalty, punishable in accordance with Chapter 1.2. In addition, in the discretion of the city attorney and based upon the specific facts and circumstances presented to him or her, any such violation may be charged as an infraction subject to the penalties contained in Section 1.20.0150.

Section 3. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

Section 4. Severability. Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.

Section 5. Certification/Summary. Following the City Clerk’s certification that the citizens of Adelanto have approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law.

PASSED, APPROVED AND ADOPTED this 23rd day of March, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
_______________________________
Marc Tran, City Attorney
37 CITY COUNCIL AGENDA REPORT
DATE: March 9, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Marc Tran, City Attorney
SUBJECT: INCREASE TO CITY COUNCIL STIPEND
STAFF RECOMMENDATION:

Staff recommends:

1. City Council repeal Ordinance No. 595 which established the Mayor and City Council Member stipend amounts in December 2018.

3. City Council schedule the second reading of Ordinance No. 626.

4. City Council to approve a budget amendment in the amount of $9,018.24 to be decreased from the General Fund account number 100-1010-502-40 fund balance.

BACKGROUND:

Currently, the Mayor receives a $924.00 per month stipend and the Council Members receive a $708.40 per month stipend. The Mayor and City Council Members voluntarily spend many hours attending community meetings, events, and business meetings, in addition to attending bi-weekly City Council meetings. The compensation received is low in comparison to the amount of time spent performing various duties and tasks. As such, the Mayor and City Council Members are requesting an increase in their monthly stipend.

Council Member stipends were last adjusted by Ordinance No. 595 in 2018. Based on Government Code section 36516(4), a 5% increase per year can be adjusted from the effective date of the last ordinance.

Since the last stipend adjustment was approximately 4 years ago, the Council may now receive a total increase of 20%.

The current stipend for the Mayor is $924.00. With an increase of 20% amounting to $184.80, the Mayor may receive a maximum monthly stipend of $1,108.80 per month. Likewise, City Council Member stipends were last increased in 2018. By applying the same allowable percentage increase (20%), the current stipend for City Council Members of $708.40 would be increased by $141.68. Therefore, City Council Members may receive a maximum monthly stipend of $850.08 per month. 38 The new Mayor and City Council member stipend amounts would not take effect for existing Council Members and any newly elected City Council Members until December 1, 2022, per Government Code section 36516(a)(4).

FISCAL IMPACT:
$141.68 x 4 members x 12 months = $6,800.64
$184.80 x 1 Mayor x 12 months = $2,217.60
Total increase in stipends is $9,018.24 for FY 22-23.

There is no sufficient budget for this increase, Therefore, a budget amendment needs to be made out of General Fund’s fund balance.

ATTACHMENTS:

Ordinance No. 626
39 ORDINANCE NO. 626

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO,
REPEALING ORDINANCE NO. 595, AND SETTING FORTH

COMPENSATION RATES FOR THE MAYOR AND CITY

COUNCIL MEMBERS
WHEREAS, Government Code section 36516 sets forth the compensation for City Council Members; and
WHEREAS, Government Code section 36516 sets the compensation for City Council Members in Cities with a population of 35,000 or less at $300.00 per month; and WHEREAS, Government Code section 36516.1 sets forth that a Mayor elected pursuant to Government Code sections 34900 to 34904, inclusive, may be provided with compensation in addition to that which is received as a Council Member, and WHEREAS, on September 26, 2018, the City Council adopted Ordinance No. 595 to address City Council Member compensation; and
WHEREAS, Ordinance No. 595 set the Mayor’s compensation at $924.00 per month and City Council Member compensation at $708.40 per month; and WHEREAS, Government Code section 36516(4) setsforth that City Council member compensation maybe adjusted by an amount not toexceed 5% for eachcalendar year from the date of the last increase; and
WHEREAS, the City Council desires to adjust the City Council Member and Mayor Compensation pursuant to Government Code section 36516.

THE CITY COUNCIL FOR THE CITY OF ADELANTO DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals set forth above are true and correct and incorporated by this reference.

SECTION 2. Repeal of Ordinance No. 595. Ordinance No. 595 is hereby repealed and of no further effect.

SECTION 3. Effective the first day of December 2022, the City Council Members’ compensation will be $850.08 per month.
40 Ordinance No. 626

Page 2 ends

SECTION 4. Effective the first day of December 2022, the Mayor’s compensation will be $1,108.80 per month.

SECTION 5. Severability. Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.

SECTION 6. Effective Date. This ordinance shall take effect 30 days following its adoption by a majority vote of the City Council.

PASSED, APPROVED AND ADOPTED this 23rd day of March, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
_______________________________
Marc Tran, City Attorney
41 ADELANTO PUBLIC UTILITY AUTHORITY
DATE: March 9, 2022
TO: Honorable Chairman and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Angel Castellanos, Director of Finance
SUBJECT: TREATMENT PLANT SCADA PANEL UPGRADE
STAFF RECOMMENDATION:

Recommends approving Vertech to perform the SCADA panel upgrade at water treatment plant.

BACKGROUND:

The SCADA panel located at the treatment plant is well past its useful life and is no longer able to receive support and/or find replacement parts for the current hardware. The treatment plant is a critical part of the City`s water system infrastructure and runs 24/7. Vertech also upgraded the City`s SCADA system back in 2016 through RFP process. Since then, they have offered their services for upgrades, troubleshooting, diagnostics and support with great service and pricing. They are very familiar with current system and will be able to streamline the process.

We requested quotes from four integrators and two responded with the attached quotes.

FISCAL IMPACT:
$200,000 was budgeted for or fiscal year 2021-2022 and will be paid through APUA funds including contingency for any unforeseen issues.

ATTACHMENTS:

Vertech quote
TESCO quote
42 PROPOSAL
Adelanto Public Utilities Authority Vertech Industrial Systems, LLC Main Control Panel Upgrade 16 Technology, Suite 118
Irvine, CA 92618
Phone 949-596-7986
www.vertech.com
October 13, 2021
Daniel Best
Adelanto Public Utilities Authority
11600 Air Expressway
Adelanto, CA 92301
Quote #: Q210526

PROJECT
Thank you for the opportunity to provide our world class industrial automation engineering services to the Adelanto Public Utilities Authority. In response to your request for quote for the design and build of the Control Panel for your water treatment system, the following proposal is being provided.

I will follow up with you in a couple of days to discuss this proposal and answer any questions you may have.

SCOPE
With an aging control panel running on a SLC 5/05 controller, it’s time for an upgrade. Vertech will design and build a new control panel with current technology that will last the Adelanto Public Utilities Authority far into the future. A detailed upfront cutover plan will be developed between Adelanto and Vertech to ensure that the 24-hour cutover can be met. This requirement has been taken into consideration in this proposal. In this upgrade endeavor, Vertech will perform the following tasks:
 Provide electrical engineering and design
 Provide AutoCAD drawing design and drawings
 Conduct a design review with the Adelanto Public Utilities Authority for design approval  With design approval, acquire components per bill of materials  Assemble the Main Control Panel
 Program the PLC based on sequence of operation provided by the Adelanto Public Utilities Authority
 Perform electrical testing of the Main Control Panel
 Perform UL certification of the Main Control Panel
 Provide two field technicians for a 24-hour period for the cutover at The Adelanto Public Utilities Authority
 Provide an Integrator for 12 hours for the PLC start up  Provide and integrator and field technician to ensure the system operation is back to normal 43 PROPOSAL
Adelanto Public Utilities Authority Vertech Industrial Systems, LLC Main Control Panel Upgrade 16 Technology, Suite 118
Irvine, CA 92618
Phone 949-596-7986
www.vertech.com
 Demolition and installation is included in this proposal Vertech will supply the following major components with the Main Control Panel:
 (1) Hoffman NEMA 4/12 48”x36”x12” wall-mount panel with back panel, LED light fixture, and fan with exhaust grille
 (1) Allen Bradley 1768-L43 PLC
 (2) Allen Bradley 1768-ENBT Ethernet/IP Bridge module  (1) ProSoft CompactLogix to Modbus Serial module
 (2) Allen Bradley 1769-PA4 Rack Power supply
 (8) Allen Bradley 1769-IA16 120Vac, 16-point Digital Input module  (3) Allen Bradley 1769-IF4I 4-channel Analog Input module  (4) Allen Bradley 1769-OW16 16-point Relay Output module  (1) Allen Bradley 1769-IQ32 32-point 24Vdc Digital Input module  (4) Allen Bradley 1769-OF4CI 4-channel Analog Output module  (1) Phoenix Contact 24Vdc power supply
 (1) Allen Bradley Stack Light with Green, Blue, and Yellow lights and a siren  (2) Phoenix Contact Unmanaged Ethernet switches

PRICING
ITEM DESCRIPTION PRICE EA. PRICE EXT.

1.0 Control Panel Hardware and Labor, including: $133,660 $133,660  Design
 Materials, Assembly, Test and UL
Certification
 Programming
 Installation
 Startup and Test

2.0 Estimated Taxes $4,730 $4,730
PRICE TOTAL $138,390
44 PROPOSAL
Adelanto Public Utilities Authority Vertech Industrial Systems, LLC Main Control Panel Upgrade 16 Technology, Suite 118
Irvine, CA 92618
Phone 949-596-7986
www.vertech.com

EXCLUSIONS

1. The following is not provided:
 Any permits or other governmental fees required for physical installation of any equipment
 Sales, use or TPT tax as may be required by law
 Additional hardware required to accommodate any changes requisitions during the course of designing or building the system
 Any services or hardware not specified by this proposal document

ASSUMPTIONS

1. It is assumed that the existing wire labels are sufficiently attached to wires and will not need to be replaced

2. It is assumed the existing wire lengths will be sufficient for re-termination in the new panel

3. The panel area will be available for the full 24-hour cutover time frame 45 PROPOSAL
Adelanto Public Utilities Authority Vertech Industrial Systems, LLC Main Control Panel Upgrade 16 Technology, Suite 118
Irvine, CA 92618
Phone 949-596-7986
www.vertech.com

PAYMENT AND AVAILABILITY
 Net 30 days. FOB Origin
 30% ARO
 20% Design Complete
 20% Fabrication Complete
 20% Programming Complete
 10% Project Signoff
 Pricing is good for 60 days from date of this proposal.  Estimated Lead time: 14 - 16 Weeks. Please reconfirm lead time at time of order.  Lead time subject to change based on Vertech’s resource availability at time of order.  Lead time subject to change based on current hardware supply chain issues.

CONTACT INFORMATION
Contact Kevin Smith with any questions regarding this proposal or to place an order:

Kevin Smith
949.250.0475 Office
949.301.5874 Mobile
[email protected]

46 PROPOSAL
Adelanto Public Utilities Authority Vertech Industrial Systems, LLC Main Control Panel Upgrade 16 Technology, Suite 118
Irvine, CA 92618
Phone 949-596-7986
www.vertech.com

TERMS AND CONDITIONS

1. Definition of Terms: “Vertech” shall be Vertech
Industrial Systems, LLC. “Customer” shall be the
legal entity issuing the contract or purchase order
to Vertech authorizing the Work and taking
possession of all tangible goods produced as a
result of executing the Work. The “Work” shall be
the entirety of the goods and services defined in
the attached Proposal. The “Work Product” shall
be the software deliverable provided by Vertech as
a part of the Work. The “Proposal” includes this
document in its entirety.

2. The entire agreement between Vertech and
Customer consists of: (a) these Terms and
Conditions, (b) the Proposal, (c) the written
requirements of Customer (if any) that are
attached as Exhibit B and, (d) if applicable,
Customer’s later purchase orders to the extent
consistent with the foregoing documents
(collectively the "Contract"). To the extent any
later purchase order includes terms that
additional, different or inconsistent with these
Terms and Conditions or the Proposal, such
additional, different or inconsistent terms are
expressly rejected by Vertech unless agreed to by
both Customer and Vertech in writing. The
Contract may only be modified by a written
Change Order, executed by both Customer and
Vertech.

3. Payment must be made according to the terms
defined in this Proposal or otherwise agreed to in
writing. Failure to make payment as agreed will
result in the assessment of finance charges of 1.5%
per month or the highest amount allowable by law,
whichever is smaller. Additionally, lack of payment
shall be just cause to withhold shipment of any
tangible goods or the release of any Work Product,
design documents or software. Prior to the release
of any deliverable to Customer, Customer’s
payment account for the affected project shall be
current.

4. If, after seven (7) days’ notice by Vertech,
Customer does not make payment for the Work in
conformity with this Contract (or, with or without
such notice if Customer has repeatedly failed to
make payment in conformity with this Contract),
Vertech may suspend the Work until it receives all
payments then due, and the Contract Sum shall be
increased by the Vertech’s reasonable
demobilization and remobilization costs. In the
event collection of any amounts due to Vertech is
referred to an attorney, Customer shall bear all
costs of collection, including, but not limited to,
Vertech’s reasonable attorney fees. Vertech may
require prepayment of any or all amounts due if
the financial condition of Customer reasonably
justifies it.

5. The Schedule for completing the Work shall be
modified from time to time to reflect changes in
scope or specifications or to permit revisions,
particularly with respect to the software
development portion of the Work. The Schedule
also shall be extended in the event of delays
caused by the Customer or anything else not
caused by Vertech’s acts or omissions and that are
beyond Vertech’s reasonable control.

6. To complete Vertech’s portion of the Project,
Vertech will require Customer to provide sufficient
technical assistance to ensure that the
specifications for the Work and the requirements
of Customer are communicated to Vertech in a
timely and cohesive manner consistent with the
agreed scope of the Work. Customer will take all
steps necessary to secure the availability of such
technical personnel at appropriate times to
coordinate and communicate with Vertech.

Vertech will not be liable for any failure to perform
the Work to the extent that the failure is caused by
Customer’s lack of cooperation. Vertech is entitled
to rely on the accuracy and completeness of any
data, material, or other information furnished by
Customer, without independent investigation or
verification.

7. Vertech’s process for performing the software
development portion of the Work requires
47 PROPOSAL
Adelanto Public Utilities Authority Vertech Industrial Systems, LLC Main Control Panel Upgrade 16 Technology, Suite 118
Irvine, CA 92618
Phone 949-596-7986
www.vertech.com
Customer’s participation in the following stages of
the project:
a. Functional Specifications. Vertech will
prepare definitions, general drawings,
specifications, etc. that specifically and
completely describe the functional and
visual requirements of the custom Work
Product (the "Functional
Specifications"). The Functional
Specifications shall be considered a part
of the Proposal. Customer must give its
approval to the Functional Specifications
prior to Vertech proceeding further with
the Work. Any modifications to the
Functional Specifications after such
acceptance by Customer shall be cause
for a reasonable increase in the Contract
amount at Vertech’s sole discretion.
b. Factory Acceptance Test. Following
the substantial completion of (i) the
Work Product and (ii) the fabrication,
assembly and wiring of the hardware,
the Customer shall come to Vertech’s
facilities for a Factory Acceptance Test
("FAT"), at which time the system shall
be demonstrated to have fulfilled the
requirements agreed to in the
Functional Specifications. Customer
representation at the FAT (with qualified
technical personnel) is mandatory. In
the event Customer fails or refuses to
participate in the FAT, such failure or
refusal shall constitute acceptance of
the Work “as is.”
c. Site Acceptance Test. Following the
FAT, the parties shall arrange to have
the Work Product and hardware
installed in the field for on-site testing
during startup. Customer shall include
the Vertech in the startup and shall
permit Vertech to test the Work Product
and hardware under all possible
configurations and conditions. Upon
completion of startup, Vertech shall
perform a formal Site Acceptance Test
(SAT) to demonstrate conformity of the
installed system to the Functional
Specifications. Customer representation
at the SAT (with qualified technical
personnel) is mandatory. Sign-off of the
SAT results shall serve as final
acceptance of the Work. In the event
Customer fails or refuses to participate
in the SAT, such failure or refusal shall
constitute acceptance of the Work “as
is” and without Warranty.

Should Customer fail to follow the processes set
forth above, Vertech’s warranty of the Work
Product will be null and void.

8. The Work will be deemed accepted, and
Vertech’s warranty period described herein shall
begin, upon the earliest of the following events:
(a) the date of first use by Customer, whether such
use is partial or complete; or (b) the date of
successful completion of the SAT.

Vertech warrants the computer and controls
hardware supplied for the Project to the extent of
any manufacturer's warranty to Vertech that is
applicable to such equipment. Vertech warrants
that it will, for a period of one (1) year, correct,
repair or replace Work Product that fails to meet
the design requirements of the Contract under
normal use. This warranty is void if anyone other
than Vertech has modified the Work Product in
any way. Failure to purchase adequate training for
those using the Work will void this limited
warranty. EXCEPT AS SET FORTH IN THIS

PROPOSAL WITH REGARD TO BOTH HARDWARE

AND SOFTWARE, VERTECH MAKES NO

REPRESENTATION OR WARRANTY OF ANY KIND

WHATSOEVER, INCLUDING BUT NOT LIMITED TO,

ANY WARRANTY OF FREEDOM FROM PATENT

INFRINGEMENT, OF MERCHANTABILITY, OF

FITNESS FOR A PARTICULAR PURPOSE, OR

ARISING FROM A COURSE OF DEALING OR USAGE

OF TRADE OR OTHER EXPRESS OR IMPLIED
WARRANTIES.
48 PROPOSAL
Adelanto Public Utilities Authority Vertech Industrial Systems, LLC Main Control Panel Upgrade 16 Technology, Suite 118
Irvine, CA 92618
Phone 949-596-7986
www.vertech.com

9. Customer shall ensure that it is in possession of
valid licenses for all third-party software (not
provided by Vertech) used for the Project, and
shall indemnify and hold harmless Vertech against
all claims by licensors of such software. Vertech
makes no warranty regarding such third-party
software or its effect on the performance of the
Work Product to be developed by Vertech for the
Project.

10. Any intellectual property of Customer provided
to Vertech in relation to the Project shall remain
the exclusive property of Customer, subject to a
non-transferable, non-exclusive, limited license
granted to Vertech hereunder for the performance
of the Work.

11. Upon payment of the Contract amount to
Vertech, all portions of the Work Product that are
unique or customized to Customer’s processes,
products or systems will become the property of
Customer. All pre-existing intellectual property of
Vertech (including such property that may be
incorporated into the Work), and all other portions
of the Work Product (such as general object and
source code, development methodologies, design
patterns, frameworks, templates, styles, toolkits,
utilities and drivers that are not unique or
customized to Customer’s processes, products or
systems) shall remain the exclusive property of
Vertech, subject to a non-transferable, nonexclusive, limited license granted to Customer upon payment of the Contract amount to Vertech
for Customer’s proper internal utilization of the
Work as intended by the Proposal. Under no
circumstances shall Customer reverse engineer or
transmit to any third party Vertech’s retained
intellectual property without Vertech’s prior
express written consent.

12. The total liability of Vertech to Customer for
any loss, indemnity, damage or delay of any kind
will not under any circumstances exceed the
Contract Sum. UNDER NO CIRCUMSTANCES WILL

VERTECH BE LIABLE FOR ANY LOSS, INDEMNITY,

DAMAGE OR DELAY ARISING OUT OF ITS FAILURE

TO PERFORM DUE TO CAUSES BEYOND ITS

REASONABLE CONTROL, INCLUDING, WITHOUT

LIMITATION, ACTS OF GOD, INTERFERENCE BY

OTHERS, DELAYS IN RECEIVING APPROVALS OR

NECESSARY INFORMATION FROM CUSTOMER,

FIRES, STRIKES, FLOODS, WAR, TERRORISM,

RIOTS, DELAYS IN TRANSPORTATION AND
ADVERSE WEATHER. UNDER NO CIRCUMSTANCES

WILL VERTECH BE LIABLE FOR ANY SPECIAL,

INCIDENTAL OR CONSEQUENTIAL DAMAGES

BASED ON BREACH OF WARRANTY, BREACH OF

CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE,

STRICT LIABILITY, PRODUCTS LIABILITY OR ANY
OTHER LEGAL THEORY.

13. To the fullest extent permitted by law,
Customer shall indemnify and hold harmless
Vertech, its subcontractors, and agents and
employees of any of them from and against all
claims, damages, losses, and expenses, including
but not limited to attorneys’ fees, arising out of
Work, provided that any such claim, damage, loss,
or expense is attributable to bodily injury, sickness,
disease or death, or personal property damage,
but only to the extent caused by the negligent acts
or omission of the Customer or anyone directly or
indirectly employed or contracted with by
Customer (other than Vertech) or anyone for
whose acts they may be liable, regardless of
whether or not such claim, damage, loss or
expense is caused in part by a party indemnified
hereunder. In the event of a claim alleged to be
caused in part by a party indemnified hereunder, if
Customer or anyone directly or indirectly
employed or contracted with by Customer (other
than Vertech) is found to be more than 60%
responsible, Customer shall indemnify and pay
Vertech 100% of its reasonable attorneys’ fees
incurred in defending such claim.

To the fullest extent permitted by law, Vertech
shall indemnify and hold harmless the Customer
and its agents and employees from and against all
claims, damages, losses, and expenses, including
but not limited to attorneys’ fees, arising out of
Work, provided that any such claim, damage, loss,
or expense is attributable to bodily injury, sickness,
disease or death, or personal property damage,
49 PROPOSAL
Adelanto Public Utilities Authority Vertech Industrial Systems, LLC Main Control Panel Upgrade 16 Technology, Suite 118
Irvine, CA 92618
Phone 949-596-7986
www.vertech.com
but only to the extent caused by the negligent acts
or omission of Vertech or anyone directly or
indirectly employed or contracted with by Vertech
or anyone for whose acts they may be liable,
regardless of whether or not such claim, damage,
loss or expense is caused in part by a party
indemnified hereunder. In the event of a claim
alleged to be caused in part by a party indemnified
hereunder, if Vertech or anyone directly or
indirectly employed or contracted with by Vertech
is found to be more than 60% responsible, Vertech
shall indemnify and pay Customer 100% of its
reasonable attorneys’ fees incurred in defending
such claim.

14. Commencing immediately, and continuing until
a date one (1) year after the date of final
completion of the Work, Customer agrees not to
directly or indirectly employ, solicit for
employment, or advise or recommend to any other
person that such other person employ or solicit for
employment, any person employed by or under
contract to Vertech. Should Customer directly or
indirectly employ any person employed by or
under contract to Vertech during a period
commencing immediately, and continuing until a
date one (1) year after the date of final completion
of the Work, Customer agrees to pay Vertech the
sum of $50,000.00 per individual so hired.

15. The responsibility for loss or damage of the
equipment specified in the Contract shall be
Customer’s from the time of shipment. Customer
is responsible for providing and maintaining
adequate insurance protecting the equipment
against loss or damage of any kind. Vertech shall
pay for and maintain, until final acceptance of the
Work, policies of insurance issued by carriers
acceptable to the Customer which afford coverage
for worker's compensation (including employer's
liability) and general liability.

16. To the extent these Terms and Conditions are
inconsistent with the Proposal or Customer’s
written requirements (if any) attached as Exhibit B
or any of Customer’s purchase orders, these Terms
and Conditions shall take priority. To the extent
the Proposal is inconsistent with Customer’s
written requirements (if any) attached as Exhibit B
or any of Customer’s purchase orders, the Proposal
shall take priority. Vertech’s Proposal is subject to
Customer’s acceptance of these Terms and
Conditions. Any purchase order,
acknowledgement or other document submitted
by Customer to Vertech that includes any terms
that are inconsistent with or contradict these
Terms and Conditions or the Proposal are deemed
rejected unless explicitly accepted by Vertech in
writing.

17. All prices shall be subject to any existing or
future tax or governmental charge upon any
services, production, shipment, installation, sale or
use of the goods or services provided by Vertech to
the extent Vertech is or shall be required to collect
or pay such taxes by law or regulation. The
amount of such taxes shall be paid to Vertech
immediately upon request, or in lieu thereof, a tax
exemption certificate in a form satisfactory to the
applicable taxing authority may be presented to
Vertech.

18. Customer may terminate this Contract at any
time prior to approval of the Functional
Specifications and upon the giving of thirty (30)
days’ notice. Following approval of the Functional
Specifications, Customer may terminate Vertech
only for persistently or repeatedly failing or
neglecting to carry out the Work in accordance
with the Contract (and only after failing to take
steps to correct such failure following ten (10) days
written notice by Customer). If terminated for
whatever reason, Vertech shall be entitled to
receive payment for the Work executed, and costs
incurred by reason of such termination (including
any restocking charges), along with reasonable
overhead and profit on Work not yet executed.

19. All claims arising out of this Contract shall be
subject to arbitration before a single arbitrator in
accordance with the Construction Industry
Arbitration Rules of the American Arbitration
Association. The arbitrator shall be a person with
experience in software development issues. The
50 PROPOSAL
Adelanto Public Utilities Authority Vertech Industrial Systems, LLC Main Control Panel Upgrade 16 Technology, Suite 118
Irvine, CA 92618
Phone 949-596-7986
www.vertech.com
governing law and place of the arbitration will be
the state of the Project at a mutually convenient
and accessible location.

51 PROPOSAL
Adelanto Public Utilities Authority Vertech Industrial Systems, LLC Main Control Panel Upgrade 16 Technology, Suite 118
Irvine, CA 92618
Phone 949-596-7986
www.vertech.com

CLIENT APPROVAL
By signing the following, the client gives Vertech the notice to proceed with this scope of work, and agrees to the Terms and Conditions set forth in this proposal.

Vertech Industrial Systems, LLC Adelanto Public Utilities Authority

Signature Signature

Printed Name Printed Name

Title Title

Date Date
52 Corporate Office
8440 Florin Road, Sacramento, CA 95828
P.O. Box 299007, Sacramento, CA 95829
PH: 916.395.8800 FX: 916.429.2817
File Ref. 21L115Q01 Quote Page | 1 of 3
To: PERC Water Corporation Quote Date: 12/16/21
Attn: Daniel Best Quote No.: 21L115Q01
Re: PERC Water Corporation
City of Adelanto Water Treatment Plant Panel Replacement Dear Daniel:

Thank you for your continued interest in TESCO products, services, and solutions. We are pleased to quote the following scope of work pertaining to the above-referenced project.

Project Background
The City of Adelanto has a water treatment plant that filters iron and manganese. This plant’s main control panel is in need of an upgrade. The 20-year-old SLC 5 PLC that is currently installed has recently had issues. The City has expressed interest in replacing the panel all together to modernize the set up. PERC water has reached out to TESCO Controls to quote the efforts involved in achieving this.

Project Objective & Understanding
The objective of this project is to remove The City of Adelanto’s Water Treatment Plant Main Control Panel and replace it with modern hardware that meets industry standards. The new panel will operate the same as the existing panel to provide a seamless transition for future operation and maintenance. This quote is based on the assumption that TESCO Controls PLC Programmers have access to, and can upload the existing program from, the current PLC.

Scope of Work
TESCO Controls is responsible for furnishing a fully built control panel that operates the same as the existing panel.

This panel is to include a new Allen-Bradley ControlLogix PLC along with ethernet port access, two (2) ten-slot chassis, analog & digital I/O cards, ProSoft Module, and PLC dedicated power supply. The panel will include a new Operator Interface Terminal (OIT), power supply for internal hardware, relays for outputs, wires, din rail, and other internal hardware components as needed. External to the panel TESCO will supply an alarm beacon mounted to the top of the panel as well as a UPS located under the panel.

The panel enclosure will be galvanized steel, NEMA 12, and powder coated. TESCO will construct the enclosure, powder coat the enclosure, assemble the back panel, pre-wire, and factory test the panel all in-house at our main office/manufacturing plant. TESCO will perform PLC programing for the updating and conversion of the old PLC and OIT program to be compatible with the new hardware.

TESCO will source all trade labor through an electrical subcontractor. This subcontractor shall be responsible for removal of existing panel, installation of new panel, routing wires into the panel, and termination of all field wires inside the panel. TESCO Field Service technician will perform startup services alongside the subcontractor to verify hardware set up.
53 Quotation TESCO CONTROLS, INC.

File Ref. 21L115Q01 Quote Page | 2 of 3
Scope of Supply
Item Qty Description
1 1 Hardware:
▪ Uni-Strut TESCO Enclosure
▪ NEMA 12, Galvanized Steel, Powder Coated
▪ Allan-Bradley ControlLogix PLC
▪ With Ethernet Port
▪ (2) Two Racks
▪ I/O Modules as required (to replicate existing I/O Capacity) ▪ PLC Power Supply
▪ C-More 15” Operator Interface Terminal
▪ Power Supply
▪ 5-Port Unmanaged Network Switch
▪ UPS (External to Panel)
▪ Alarm Beacon (External to Panel)
▪ Relays
▪ Terminals
▪ Misc. Hardware
2 Lot Electrical Subcontractor Services:
▪ Removal of Existing Panel
▪ Installation of New Panel
▪ Field Wire Termination
3 Lot Professional Services:
▪ Project Management
▪ Engineering – engineered shop drawings, equipment schematics, engineered submittals, technical data, as-built documentation, and project records
▪ Manufacturing Services – fabrication, manufacturing, assembly, equipment wiring, and factory testing
▪ PLC Programming
▪ OIT Programming
▪ SCADA Programming
▪ Product Startup Services – product quality review, verification of product installation, product parameter adjustments, product programming, software upload/download as required, instrument/ device signal spanning, product/equipment reconfiguration as required, product function checks, and product startup. ▪ Onsite Training
▪ O&M Manuals
TOTAL (including applicable sales tax): $146,275.00
Project Clarifications
▪ Unless otherwise indicated by the Scope of Work above, quote is to furnish only and does not include any trade labor, trade work, construction work, site improvement, contractor services, or any trade installation services. Any trade labor and/or related trade work shall be performed by others/contractor. ▪ Unless otherwise indicated by the Scope of Work above, the following is not included within this quotation:
▪ Conduit, field wire, tubing, or basic trade installation materials (brackets, screws, bolts, j-box, stanchions, pull-box, etc.)
54 Quotation TESCO CONTROLS, INC.

File Ref. 21L115Q01 Quote Page | 3 of 3
▪ Instrumentation mounting components, brackets, stanchions, sunshields, etc. ▪ Local control stations and/or field mounted disconnects. ▪ Instrumentation, devices, components, or equipment not specifically identified in the above quotation. ▪ Fiber optic patch panels, cable, splicing or terminations. ▪ Networking infrastructure or architecture modifications to existing facilities. ▪ Any 3
rd party testing, harmonic testing/analysis, protective device coordination study, short-circuit analysis, or Arc-Flash Risk Assessment (AFRA) services. ▪ Electrical interconnection diagrams for equipment not furnished by TESCO ▪ ISA process control loop diagrams.
▪ Signal loop diagrams for equipment not furnished by TESCO.

Clauses, Terms and Conditions
▪ Quote is firm for 30 days unless otherwise stated.
▪ Intellectual Property and Confidentiality Notice: The scope of work and price quotation shall not be construed as a formal design or recommendations on design for the related project. All content contained within this quotation is the intellectual property under the proprietorship of Tesco Controls, Inc. and is subject to applicable copyright laws. Such intellectual property shall not be duplicated, replicated, copied, or shared without explicit written consent from Tesco Controls, Inc., as it contains confidential information and work product developed exclusively for use by Tesco Controls, Inc. ▪ Submittals: Initial equipment submittal(s) to be provided approximately 10-12 weeks after receipt of purchase order or written notice of intent; however, generation of submittal(s) will be contingent on supply-chain availability and variability for material components which may impact material item selections affecting submittal lead-times, therefore lead-times are subject to change without notice. ▪ Delivery: Initial shipment(s) anticipated to commence approximately 16-20 weeks minimum after submittal approval; however, delivery schedule(s) will be contingent on supply-chain availability and variability for material components, therefore, lead-times are subject to change without notice. ▪ Lead-Time & Supply Chain Impacts: Due to the supply chain impacts imposed by the pandemic, all quoted lead-times are subject to change without notice.
▪ Unless otherwise stated above, price does not include any sales tax, use tax, or applicable fees; please apply any taxes and/or fees as appropriate. Please note that all invoices will include sales tax where applicable. ▪ TESCO price is FOB factory, full freight allowed.
▪ TESCO warranties against defect in design, workmanship, and materials for a period of one year from date of installation, and does not exceed 18 months from the date of shipment from the factory. ▪ TESCO carries liability insurance, with full workman's compensation coverage. ▪ Terms are net 30 days on approved credit accounts.
▪ Interest will be applied to all past due invoices.
▪ All merchandise sold is subject to lien laws.
▪ Final retention to be paid within 10 days after the project notice of completion.

Please feel free to contact us at (916) 395-8800 to discuss any questions or comments you may have regarding this quotation.

Sincerely,
TESCO CONTROLS, INC.

Sean Bowers
Technical Sales Estimator
[email protected]
55 CITY COUNCIL AGENDA REPORT
DATE: March 9, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brian D. Wolfe, Contract City Engineer
SUBJECT: Recommend award of contract for the Mojave Drive and Bellflower Street Dry Well Project.

STAFF RECOMMENDATION:

Staff recommends City Council approve an award of contract for the Mojave Drive and Bellflower Street Dry Well Project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.

Staff recommends City Council award the contract to 316 Engineering and Construction Co, Inc. in the amount of $66,830 plus contingency spending to complete the project.

BACKGROUND:

The intersection of Mojave Drive and Bellflower Street sits within a low point in Adelanto and therefore subject to daily puddling from residential runoff. Existing storm drainage is failing and staff was directed to mitigate the standing water. Plans and specifications for a 25-foot deep drywell were produced by Adelanto’s Engineering Department.

Staff advertised the project for construction on January 31, 2022. The City Clerk’s office received and opened one bid on February 23, 2022 which are summarized below.

No. Company Bid Total
1 316 Engineering and Construction Co. $66,830.00
Bids were reviewed to determine if all were responsive to bid requirements and no errors were found.

Staff recommends award of contract to 316 Engineering and Construction Co. for $73,513 including 10% contingency spending to complete the full scope of work.

FISCAL IMPACT:

This project will be paid using Adelanto Storm Drain Impact Fees.

ATTACHMENTS:

A. Bid Analysis
B. Location Map
56 Bid Opening Date: February 23, 2022 at 3:30 pm
Item Description Qty Unit Unit Price Amount Unit Price Amount 1 Mobilization/Demobilization 1 LS $ 3,000.00 $ 3,000.00 $ 3,300.00 $ 3,300.00 2 Erosion Control 1 LS $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 3 Temporary Traffic Control and Safety 1 LS $ 1,500.00 $ 1,500.00 $ 1,375.00 $ 1,375.00 4 Potholing 1 LS $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 5 Core Drill a 72" diameter hole in existing ground
to a depth of 33' 1 EA 15,000.00 $ 15,000.00 $ 18,000.00 $ 18,000.00 $ 6 Furnish and install 48" corrugated PE pipe 25 LF $ 350.00 $ 8,750.00 $ 400.00 $ 10,000.00 7 Backfill around 48" corrugated PE pipe with SE30
Sand 15 CY 200.00 $ 3,000.00 $ 167.00 $ 2,505.00 $
8 Furnish and install 12" Diameter Perforated PVC
pipe 20 LF 300.00 $ 6,000.00 $ 250.00 $ 5,000.00 $
9 Backfill inside of 48" corrugated PE pipe with 3"-
6" rock 12 CY 400.00 $ 4,800.00 $ 500.00 $ 6,000.00 $
10 Construct 48" Manhole per City of Victorville
Std. D-05 with Modified Base as shown per
Section A-A 1 EA 10,000.00 $ 10,000.00 $ 12,000.00 $ 12,000.00 $ 11 Core Drill Precast Manhole Barrel Wall 1 EA $ 500.00 $ 500.00 $ 1,200.00 $ 1,200.00 12 Core Drill Existing Storm Drain Inlet Box Wall 1 EA $ 500.00 $ 500.00 $ 1,200.00 $ 1,200.00 13 Furnish and Install 12" HDPE pipe between
existing Storm Drain Inlet and Dry Well 11 LF 250.00 $ 2,750.00 $ 250.00 $ 2,750.00 $ Total: $ 59,300 $ 66,830.00
Mojave Drive and Bellflower Street Dry Well - Bid Analysis Project Number 164-28 and Adelanto CIP 2022-02
Engineer's Estimate 316 Engineering and Const.

A
57 Location Map
New storm drain
Drywell
B
58 CITY COUNCIL AGENDA REPORT
DATE: March 9, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Marc Tran, City Attorney
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-12 AUTHORIZING

APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION

PROGRAM
STAFF RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 22-12 authorizing application to and participation in the Prohousing Designation Program and authorize the City Manager to negotiate and execute all necessary documents to facilitate application for, receipt of, and participation in the Prohousing Designation Program.

BACKGROUND:

The City of Adelanto (“City”) has an opportunity to become a Prohousing Designated jurisdiction in the State – gaining a competitive advantage for critical grant funding and sending a strong signal to the housing development community statewide that the City is focused on accelerating housing production.

In 2019, AB 101 established the Prohousing Designation Program (PDP) administered by the California Department of Housing and Community Development (HCD). The PDP creates incentives for jurisdictions that are compliant with housing laws, housing element requirements, and have enacted Prohousing local policies that go beyond existing law.

On June 7, 2021, HCD released the PDP Emergency Regulations and jurisdictions were able to begin applying for the Prohousing Designation starting July 1, 2021. Applications are reviewed and approved on a rolling basis.

Jurisdictions awarded a Prohousing Designation will receive a competitive advantage for critical affordable housing and infrastructure grant programs, including, the Affordable Housing and Sustainable Communities Program, Transformative Climate Communities, and the Infill Incentive Grant Program. HCD’s review and consideration for designating jurisdictions as Prohousing include the following:

A. The jurisdiction’s actions to facilitate the planning, approval, or construction of a variety of housing types (e.g., increasing zoned capacity for supply, facilitating affordability for all income levels, removing regulatory barriers to development, and streamlining approval).

Such action should be balanced by the jurisdiction’s equal efforts to prevent displacement, preserve existing affordable housing, and establish tenant protections. 59 B. The jurisdiction’s accomplishment of integrated planning and development consistent with the state planning priorities set forth at Government Code section 65041.1 and/or the regional transportation plan adopted by the relevant transportation agency pursuant to Government Code sections 65080 and 65080.01. The jurisdiction may accomplish this outcome through various actions, including, but not limited to, the facilitation of Location Efficient Communities that reduce auto dependence and VMT, and that are consistent with climate change priorities (e.g., climate change adaptation and hazard mitigation).

C. The jurisdiction’s meaningful actions to foster inclusive and equitable communities with adequate, affordable, and accessible housing and transportation infrastructure pursuant to Government Code section 8899.50.

D. The jurisdiction’s collaboration with public entities to align policies and programs, and with private entities to implement policies and to leverage funding and other resources.

E. The jurisdiction’s compliance with established housing law and recent housing reform statutes (e.g., the Housing Accountability Act, the Streamlined Ministerial Approval Process (California Senate Bill 35 (2017)), and the Housing Crisis Act of 2019 (Stats. 2019, ch. 654).

The application will ascribe points using four scoring categories. Applicants shall demonstrate that they have enacted or proposed at least one policy that significantly contributes to the acceleration of housing production in each of the four categories outlined below. A Prohousing Designation requires a total application score of 30 points or more across all four categories:

1. Favorable Zoning and Land Use (18 possible points). Examples include allowing duplexes, triplexes, and fourplexes by right in single-unit dwelling zones, going beyond the State Density Bonus Law, going beyond State law for Accessory Dwelling Units (ADUs), eliminating off-street parking requirements, and allowing residential land uses in nonresidential zones.

2. Acceleration of Housing Production Timeframes (19 possible points). Examples include ministerial approval processes for a variety of housing types, streamlined environmental review processes, streamlined permitting processes, and reduced plan check times.

3. Reduction of Construction and Development Costs (11 possible points). Examples include deferred, reduced, or waived impact fees and pre-approved plans for ADUs and missing middle housing types.

4. Providing Financial Subsidies (21 possible points). Examples include participating with a local housing trust fund, offering surplus City-owned land for affordable housing development, and prioritization of local general funds for affordable housing.

Once the application is submitted, HCD has 60 days from the time the application is submitted to issue preliminary findings to the City. The City has 15 days to provide a written response to HCD. HCD then has 60 days to issue a final determination of the designation as a Prohousing Jurisdiction.

A Prohousing designation is consistent with the City’s goals to facilitate and provide for the development of affordable housing for all levels of income, equal access to housing for those communities with special needs, and equal housing opportunities for all residents. 60 FISCAL IMPACT:

None.

ATTACHMENTS:

Resolution No. 22-12
61 RESOLUTION NO. 22-12

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

OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING APPLICATION TO AND

PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and
WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Adelanto (“City”) desires to submit an application for a Prohousing Designation (“Application”).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Adelanto:

1. Authorizes and directs the City Manager to submit an Application for a Prohousing Designation to the Department;

2. Acknowledges and confirms that the City of Adelanto is currently in compliance with applicable state housing law;

3. Acknowledges and confirms that the City will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. The City further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.

4. If the Application is approved, authorizes and directs the City Manager to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”). 62 Resolution No. 22-12

Page 2 ends

5. The City of Adelanto acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

6. Authorizes and directs the City Manager to execute and deliver the Application and the Program Documents on behalf of the City for participation in the Program.

PASSED, APPROVED AND ADOPTED this 9
th day of March, 2022.
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
63 Resolution No. 22-12

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-12 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 9
th day of March, 2022 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 9
th day of March, 2022.
______________________________
Brenda Lopez, City Clerk
64 CITY COUNCIL AGENDA REPORT
DATE: March 9, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Jaimie Lewis, Cannabis Compliance Contracted Services SUBJECT: Consideration, Approval and Adoption of Resolution Authorizing City Manager to Execute an Agreement For The State of California’s Cannabis Equity Grant Act’s Grant Award
STAFF RECOMMENDATION: Staff is recommending the City Council adopt the resolution authorizing the City Manager to execute the grant agreement for the State of California’s Cannabis Equity Act’s grant funding for $75,000 to conduct an equity assessment and begin planning the City’s cannabis equity program.

BACKGROUND: On December 8, 2021, the City applied for the Cannabis Equity Grants Program for Local Jurisdictionsthrough the Governor’s Office of Business and Economic Development (GO-Biz).

Only eligible local jurisdictions (cities and counties) may apply for this grant. The purpose of the Cannabis Equity Grant Program is to assist populations and communities impacted by cannabis prohibition by providing support to local jurisdictions as they promote equity in California and eliminate barriers to enter the newly regulated cannabis industry. A cannabis Equity Assessment is required to access any of these funds and the City of Adelanto would need assistance to perform the Cannabis Equity Assessment. On January 28, 2022, the City was notified that GO-Biz desires to fund the request and will need a signed resolution no later than March 15 to receive a grant agreement and begin performing the scope of work proposed.

Staff is asking for the City Council to approve the acceptance of this grant award from GO-Biz in the amount of $75,000 to perform a cannabis equity assessment by authorizing the City Manager to execute the grant agreement. This assessment is required to apply for future funding to implement the City’s cannabis equity program. Once complete, City staff will return to the City Council for a request to approve the proposed cannabis equity program and admit the completed assessment into City records.

With this task accomplished, the City will be eligible to apply for up to $7,500,000 to pay for the implementation and administration of a cannabis equity program. The assessment will help inform the City on how to establish its equity program, how to best establish eligibility guidelines, and educate City staff on the unique needs of the immediate area as they pertain to cannabis equity and inclusion.

FISCAL IMPACT: The Grant does not require a local match, therefore the only impact on the general fund is positive. $75,000 will be utilized to fund the contracted services for a Cannabis Equity Assessment and associated staff time, who will provide support services until its completion. Anese & Associates LLC who currently contracts with the City to provide cannabis compliance and auditing 65 services will oversee the grant administration at no additional cost to the City to ensure the proper completion of the outsourced assessment.

CONCLUSION: It is recommended that the City Council consider, approve and adopt the attached Resolution to authorize the City Manager to execute the grant agreement with the Governor’s Office of Business and Economic Development. Acceptance of the $75,000 grant funds will allow the City to conduct a cannabis equity assessment and/or assist the development of a local equity program as described in the City’s application for grant funds.

ATTACHMENTS:

Submitted Grant Application
Approved Grant Application Budget
Resolution 22-10
66 Cannabis Equity Grants Program for Local
Jurisdictions Application Full Report
General Data
Local Jurisdiction Name:

Local Jurisdiction Type:

Funding Request Type:

Has the jurisdiction conducted an equity assessment to inform the creation or revision of its local equity program for commercial cannabis licensing? Has the jurisdiction adopted a local equity program for commercial cannabis licensing?
Does the jurisdiction operate a local equity program for commercial cannabis licensing?
Applicant Information
Local Jurisdiction Name:

Federal Employer Identification Number:

Does the local jurisdiction have a culture or perspective on equity, including policies, programs, and/or practices that address social equity and justice? If yes, please describe:

City of Adelanto City of Adelanto City Type 1: Cannabis Equity Assessment/Program Development 95-2673990 The City of Adelanto and its leadership believe in equitable treatment of all prospective business operators in the City. Our cannabis compliance program is relatively new however, we do have internal policies in place to address the fair and equitable treatment and practices of all constituents. It is our desire to expand our cannabis program to offer an equity avenue as there has been great interest within the local community.

No No No Yes
67 Website address for the jurisdiction’s local equity program (if applicable):

Mailing Address
Address Line 1:

Address Line 2:

City: State: CALIFORNIA Zip Code:

Payment Address (if different than Mailing Address)
Address Line 1:

Address Line 2:

City: State: CALIFORNIA Zip Code:

Proposal

1. Total Amount Requested:

2. Executive Summary: Please describe your proposal in 3-5 sentences. 11600 Air Expy Adelanto, 92301 $75,000
The City of Adelanto is seeking funding assistance for the creation of a cannabis equity assessment and assistance for the development of a local equity program.

Once complete, the City plans to implement a cannabis equity to help lower the barriers to licensing for low income individuals and communities most affected by the criminalization of cannabis.The City began actively monitoring cannabis compliance in 2019 and with the influx in activity in permitting new businesses, the addition of an equity program to increase opportunities for eligible applicants is an important community driven initiative.
68 Proposal

3. Describe the local jurisdiction’s interest in supporting equity in the cannabis industry by completing an equity assessment and/or developing a cannabis equity program.

The City of Adelanto's staff and council have had a long time interest in supporting equity in the cannabis industry. For this reason, they were one of the first Cities in California to legalize commercial cannabis, adopt an ordinance and receive an influx of business generating revenue for the State of CA. It has always been imagined that once the compliance with initial ordinance regulations was achieved, an equity program would not be far behind. Unfortunately, the revenue generated for City operations has been barely enough to pay for planning and compliance costs, therefore, grants are being pursued to help fund the equity program. The assessment will help to navigate the very specific nature of our location, identify ways that our program can help and most importantly, help inform how the qualifications will be put forth so that they may be best received by the community. It is important to the City that this process be done right and by professionals which is why there will be a formal RFP issued. The City will consider eliminating permit fees, enrollment in an incubator process and other programatic features to help lower barriers to licensing in some of the drug war's hardest hit areas such as the High Desert. Mayor Gabriel Reyes stands behind the notion to implement a fair and equitable cannabis equity program and will do what he can to seek council and constituent approval and support. This may include allocating a budget to provide match funding in the event the City is awarded a Level 2 award once the assessment is complete.

4. Who will be responsible for conducting the cannabis equity assessment and/or developing the local equity program and please describe their experience performing similar studies, and/or program development?
The job of developing the local equity program and monitoring the consultant selected to compile the assessment will be the cannabis compliance manager, Jaimie Lewis. Jaimie joined the team in 2019 and handles audits, compliance oversight, coordinated efforts with State regulatory offices and cannabis grant writing. In coordination with the planning and building director, Jaimie will develop the equity plan after the assessment is done and propose the City Manager approved resolution to launch the equity plan. The Assessment itself will be done by a certified consultant such as Beacon consulting or a local university. Communication has begin with the California Center for Rural Policy at Humboldt State University who has performed these services for other local agencies. In the event that the RFP doesn't produce any bidders, Humboldt will likely be selected as a sole source to complete the work.

The City has closely watched the County of Nevada's equity process and plans to use it as a precedent to planned actions. The County was brilliant in their execution of conducting an equity assessment, approving the equity program and now applying for level 2 funding to launch it. The City of Adelanto might even reach out to their cannabis compliance department to request support in connecting with a vendor who can complete the assessment for Adelanto. 69 5. How does the jurisdiction intend to use its cannabis equity assessment to inform the creation, revision, and/or development of its local equity program? Yes! Adelanto will use the assessment to help inform staff on how to create the manual and best outline eligibility. For example, if it is determined that cultivation is where the disparities are, there might be greater focus on eligibility for existing qualified land owners or zoning modification allowances. Similarly, if the assessment determines that the greatest issue is lack of legal resources, much of the funding acquired in future years for the program will be spent in the equity program for legal resources and associated work. The assessment is pivotal in identifying what qualifications and process should be in place to affect those most in need.

6. Please provide a timeline and specific activities for the completion of the cannabis equity assessment and/or local equity program development.

The activities for the assessment will begin the day the funds are awarded. The City will take the notice of award to the council to accept the grant agreement. The RFP will be drafted and launched within 60 days of the notice of award with the anticipation of the assessment being completed within 6 months. During that time, staff will work on drafting the cannabis equity program finalizing it once the assessment is completed to ensure it is in alignment with the findings. The goal is to ensure that applicants meeting the equity program eligibility factors have ample opportunity to take advantage of the program. Incentivizing and outreach will be heavily dependent on the assessment as well.

The goal is to complete the activities as proposed in this application within one year so that the City can apply for Level 2 funding to implement the equity program.

7. Describe your anticipated expenses (budget narrative) as listed in the budget spreadsheet.

The budget for the cannabis equity program level 1 grant allocates $40,000 to conduct the actual assessment. It is anticipated that the City will follow procurement guidelines to issue an RFP for a contractor that is qualified in the area of compliance assessments. In addition to the contracted services fee, funding is also allocated for the development of of the cannabis equity program. $35,000 will be allocated to staffing costs in the cannabis compliance department to support the development of the equity program. Development services, planning, city clerk and building and safety will all be involved at as in-kind support for the program.
70 Contact Information
Relationship: Employee of Applicant
First Name: Jessie
Last Name: Flores
Email: [email protected]
Organization: City of Adelanto
Title: City Manager
Phone: (760) 246-2300
Mailing Address: 11600 Air Expy, Adelanto, CA 92301
Relationship: Employee of Applicant
First Name: Angel
Last Name: Castellanos
Email: [email protected]
Organization: City of Adelanto
Title: Finance Director
Phone: (760) 246-2300
Mailing Address: 11600 Air Expy, Adelanto, CA 92301
Relationship: Grant Writer/Consultant
First Name: Jaimie
Last Name: Lewis
Email: [email protected]
Organization: Anese & Associates LLC
Title: Owner
Phone: (818) 235-8750
Mailing Address: 2026 N Riverside Ave Suite C168, Rialto, CA 92377 71 Steps

1. 2.

3. 4.

Equity Assessment Costs:

Program Development Costs:

Personnel Classifications:

Role in Project:

Annual Salary and Benefits:

Percentage of Time:

Description of Other Costs:

Amount:

Upload the budget workbook in the Required/Supporting Documents section of the online application as an excel file (do not upload as a PDF).

List the title of the staff member(s).

Briefly describe their role in the project.

Enter the cost of the expense/item.

Instructions
General
Enter the jurisdiction's name and Total Grant Amount Requested where indicated at the top of the spreadsheet. Total Grant Amount Requested may not exceed $75,000. Complete each section as specified below.

Ensure all information is complete and correct. If the Grand Total does not match the Total Grant Amount Requested at the top of the spreadsheet, the cell will turn red to indicate the discrepancy.

Sections
Enter the annual salary and benefits (in dollars) for each staff member using only numeric characters.

List the other costs (such as consultants or supplies) and briefly describe the role or purpose in the project. Include "(subcontracted)" in the description of any line item that will be subcontracted.

Enter the full-time equivalent (FTE) percent of time using only numeric characters. For example, for 25% enter 25.

Make sure the information provided in this budget spreadsheet matches the response to the budget narrative question in the online application.

Indicate the jurisdiction's costs related to conducting a cannabis equity assessment. For example, staff or consultant time to conduct the analysis, compile the report, conduct necessary research, etc. Equity Assessment Costs may not exceed $40,000. If exceeded, the Equity Assessment Costs subtotal cell will turn red to indicate the error.

Indicate the jurisdiction's costs related to program development. For example, staff or consultant time, and other necessary and reasonable expenses, to adopt a local equity program, or design and prepare to implement any new component(s) of an existing local equity program which are not already operational. 72 JURISDICTION NAME:
$ 75,000.00
Personnel Classifications Role in Project Annual Salary and Benefits
Percentage of
Time Total
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
Amount
$ -
Contracted Services for Equity Assessment: will be RFP for bid $ 40,000.00 $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ 40,000.00
Personnel Classifications Role in Project Annual Salary and Benefits
Percentage of
Time Total
Cannabis Compliance Manager
Develop cannabis equity
program manual, work with
consultant on equity
assessment, draft resolutions
and board items, complete
milestone reports for grant,
present final findings to council,
develop impementation and
timeline for equity program
launch, fundraise for equity
program funding, etc.
$ 108,000.00 16.2% $ 17,500.00
Planning & Building Director
Assist in developing equity
program guidelines, forms and
oversight planning. $ 150,000.00 8.0% $ 12,000.00
Finance Director
Grant management, Invoice
processing, financial
management, board item
review. $ 110,000.00 5.0% $ 5,500.00
$ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
Amount
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ 35,000.00
$ 75,000.00
Cannabis Equity Grants Program for Local Jurisdictions
Cannabis Equity Assessment/Program Development
Application Budget Detail - Funding Request Type 1
Equity Assessment Costs
(May not exceed $40,000)
Total Grant Amount Requested (may not exceed $75,000):

Description of Other Costs
City of Adelanto
Grand Total
Equity Assessment Costs Subtotal
Program Development Costs
Program Development Costs Subtotal
Description of Other Costs
73 RESOLUTION NO. 22-10

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

OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE STATE OF CALIFORNIA’S CANNABIS EQUITY ACT’S GRANT FUNDING
WHEREAS, the members of the California Legislature have recognized the need for cannabis equity grant funding;
WHEREAS, funding has been provided to the Governor’s Office of Business and Economic Development to provide grant funds to local governments; WHEREAS, the City Council of Adelanto supports the development of a local equity program.

WHEREAS, the City Council of Adelanto has determined that it will use grant funds from the Governor’s Office of Business and Economic Development to conduct a cannabis equity assessment and/or assist the development of a local equity program as described in its application for grant funds.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Adelanto hereby authorizes the City Manager of the City of Adelanto to execute by electronic signature, on behalf of the City Council of Adelanto, the grant agreement with the Governor’s Office of Business and Economic Development, including any extensions or amendments thereof and any subsequent grant agreement with the Governor’s Office of Business and Economic Development in relation thereto.

IT IS AGREED that any liability arising out of the performance of this grant agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The Governor’s Office of Business and Economic Development and the State of California disclaim responsibility for any such liability. 74 Resolution No. 22-10

Page 2 ends

PASSED, APPROVED AND ADOPTED this ___ day of March, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
75 Resolution No. 22-10

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-10 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this ____ day of March, 2022 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the ____ day of March, 2022.
______________________________
Brenda Lopez, City Clerk
76

Adelanto City CouncilMarch 9, 2022

Adelanto City Council
March 9, 2022