Agenda, regular meeting — Adelanto City Council, September 14, 2022

AMENDED 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
SEPTEMBER 14, 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 & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto
Closed Session: 5:00 p.m.

Open Session: 7:00 p.m.

City Council, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence.

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

Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows:

NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting.

The public may view the meeting or participate / comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:
1 REGULAR MEETING
SEPTEMBER 14, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us • Teleconference
https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 Or Telephone:
1-669-900-6833
Webinar ID: 931 4644 4676
Passcode: 7601
Submit written comments:

We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.

Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

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

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

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

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS

ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff 2 REGULAR MEETING
SEPTEMBER 14, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104.

TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Jeannette ________
Councilor Jones ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________

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

C. APPROVAL OF AGENDA
A. CALL TO ORDER—CLOSED SESSION
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
SEPTEMBER 14, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 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)

2. CONFERENCE WITH LEGAL CONCIL REGARDING : SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(2). (one potential case)

3. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 – Annual Public Employee Performance Evaluation Pursuant to Terms of Agreement Title: City Manager

4. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 – Conference with Labor Negotiator
City Designated Representative: Marc Tran, City Attorney Unrepresented Employee: City Manager
E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
F. CONVENE INTO CLOSED SESSION
TIME: _____________

1. Motion to go into Closed Session.

M__________________S__________________ACTION_________________ 4 REGULAR MEETING
SEPTEMBER 14, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. CALL TO ORDER— REGULAR MEETING
TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Jeannette ________
Councilor Jones ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________
H. CLOSED SESSION REPORT
I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
K. PRESENTATIONS

1. Presentation by Ella Myer from Pitzer College regarding Adelanto Community Water Report.

L. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
5 REGULAR MEETING
SEPTEMBER 14, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us M. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council or member of the audience requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

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

2. Consideration and Approval of A 30-Day Resolution Regarding the Conduct of Teleconferenced Meetings of the City Council and other City Bodies Under Government Code Section 54953(E) RESOLUTION NO. 22-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO,

CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY,

RATIFYING THE PROCLAMATION OF A STATE OF
EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4,
2020, AND REAUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND

ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE
PERIOD FROM SEPTEMBER 14, 2022, THROUGH OCTOBER
14, 2022, PURSUANT TO BROWN ACT PROVISIONS SET
FORTH UNDER GOVERNMENT CODE SECTION 54953(e)

3. Consideration of Resolution No. 22-60 Rescinding all previously adopted Conflict of Interest Codes and readopting a Conflict of Interest Code and Disclosure Categories
RESOLUTION NO. 22-60

A RESOLUTION OF THE CITY COUNCIL, OF THE

CITY OF ADELANTO, SAN BERNARDINO

COUNTY,CALIFORNIA,RESCINDING ALL PREVIOUSLY
ADOPTED CONFLICT OF INTEREST CODES AND READOPTING A CONFLICT OFINTEREST CODE AND

DISCLOSURE CATEGORIES
M__________________S__________________ACTION__________________ 6 REGULAR MEETING
SEPTEMBER 14, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us N. PUBLIC HEARING
OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING:

1. ZONE TEXT AMENDMENT NO. ZTA 22-01 - AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE CITY OF ADELANTO MUNICPIAL CODE SECTION 17.50.020 AND

APPENDIX A, ADDDING AUTO SERVICE AND AUTO REPAIR USES AS CONDITIONALLY PERMITTED USES IN THE MIXED USE (MU) ZONE. (LOUIS) RECOMMENDATION: Staff requests a continuance until the September 28, 2022, meeting at 7:00 p.m.

M__________________S__________________ACTION__________________ OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING:

2. APPEAL OF PLANNING COMMISSION DECISION - TO ADOPT/APPROVE THE

INITIAL STUDY/CATEGORICAL EXEMPTION FOR CONDITIONAL USE PERMIT (CUP) 22-05 & LOCATION AND DEVELOPMENT PLAN (LDP) 22-05. (LOUIS) RECOMMENDATION: Staff requests a continuance until the September 28, 2022, meeting at 7:00 p.m.

M__________________S__________________ACTION__________________ O. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. CHARLES FOLEY, OF HIRSCH AND ASSOCIATES REGARDING THE PARK AT JONATHAN AND CHAMBERLAINE.( SABA/CHARLES)
RECOMMENDATION: The City Council to Discuss and Provide direction. 7 REGULAR MEETING
SEPTEMBER 14, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED:

2. CONSIDERATION AND POSSIBLE APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT WITH THE CITY . – (CITY ATTORNEY)
RECOMMENDATION:

Pending Closed Session Discussion and Deliberation, it is recommended that the City Council:

1. Approve an employment agreement with City Manager Jessie Flores to be made available to the public before consideration of this agenda item. The salient terms of the employment agreement will be disclosed to the public before approval of this item; and

2. Authorize the Mayor to execute the City Manager Employment Agreement on behalf of the City.

M__________________S__________________ACTION__________________

3. RECOMMEND APPROVAL OF RESOLUTION OF NECESSITY AUTHORIZING CONDEMNATION OF EASEMENT REQUIRED FOR THE BALDY MESA PROJECT SITE. ( CITY ATTORNEY)
RECOMMENDATION: Staff recommends the City Council approve the Resolution of Necessity (Attachment A) to acquire a 53-foot-wide easement adjacent to an existing City rightof-way over vacant property located at the northwest corner of Bartlett Avenue and Verbena Road in the City of Adelanto (APN 0459-132-30) and authorize the City Attorney to prepare a complaint in eminent domain, commence condemnation proceedings in the San Bernardino Superior Court, and take all necessary associated actions.

RESOLUTION NO. 22-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO FINDING AND DETERMINING THE PUBLIC

INTEREST AND NECESSITY FOR ACQUIRING AND

AUTHORIZING THE CONDEMNATION OF A PORTION OF

CERTAIN VACANT REAL PROPERTY LOCATED AT THE

NORTHWEST CORNER OF BARTLETT AVENUE AND
VERBENA ROAD (APN 0459-132-30) FOR THE PURPOSES

OF CONSTRUCTING AND MAINTAINING ELECTRICITY

TRANSMISSION LINES FOR A SOLAR FACILITY
M__________________S__________________ACTION__________________ 8 REGULAR MEETING
SEPTEMBER 14, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

4. CONSIDERATION, APPROVAL AND ADOPTION OF RESOLUTION AMENDING THE

RULES OF PROCEDURE AND DECORUM TO SPECIFY THE START AND END TIMES OF REGULAR MEETINGS OF THE CITY COUNCIL. (CITY ATTORNEY)
RECOMMENDATION: Staff is recommending the City Council amend the Rules of Procedure and Decorum to specify the start and end times of regular meetings of the City Council to facilitate effective and efficient meeting management at a reasonable hour.

RESOLUTION NO. 22-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO,

CALIFORNIA, AMENDING THE RULES OF PROCEDURE

AND DECORUM TO SPECIFY THE START AND END TIMES

OF REGULAR MEETINGS OF THE CITY COUNCIL
M__________________S__________________ACTION__________________ P. ITEMS REMOVED FROM THE CONSENT CALENDAR
Q. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner.

R. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

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 SEPTEMBER 11, 2022, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk, CMC
T. DECLARATION OF POSTING
10 REGULAR MEETING
SEPTEMBER 14, 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
SEPTEMBER 14, 2022
City Council, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence.

Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically.

Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows:

All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.

Participate via zoom please log in using any of the options below:

Teleconference https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09

TELECONFERENCE
To Participate and and Call in for public
comments:

TIME
Closed Session – 5:00 p.m.

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

Dated: September 10, 2022 Brenda Lopez, City Clerk, CMC 12 CITY COUNCIL AGENDA REPORT
DATE: September 14, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Marc Tran, City Attorney
SUBJECT: CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE

CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY BODIES UNDER GOVERNMENT CODE SECTION 54953(e)
STAFF RECOMMENDATION:

It is staff's recommendation that the City Council adopt and approve the attached resolution, reauthorizing the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of Government Code Section 54953(e).

BACKGROUND:

On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVID-19), which still remains in effect. On March 10, 2020, the Board of Supervisors of the County of San Bernardino proclaimed the existence of a local emergency for all of San Bernardino County (“County”) in response to the outbreak of COVID-19 and its impact on the County. On March 13, 2020, the Adelanto City Council (“City Council”) declared a local emergency in response to the conditions of extreme peril to the safety of persons within the City as a result of the rapid spread of COVID-19.

On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(e)) during a state-declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 2024.

Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true:

1. State or local officials have imposed or recommend social distancing; or

2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of 13 Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or

3. The legislative body holds a meeting having already determined by a majority vote to hold remote meetings.

Modified Brown Act requirements under AB 361, include, among other provisions, that:
• Members of the public must be allowed to address the body and offer comments in real-time during the meeting.
• In the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved.
• Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option).
• Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired.

The statewide declaration of emergency continues, in addition, the “SBCOVID-19” section of the San Bernardino County (“County”) website continues to state, “masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public).” With the recommendation that masks continue to be used along with the confirmation of new variants within the County, the City desires to continue to hold meetings under the modified teleconferenced rules.

Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to use the teleconference exception available under Government Code Section 54953(e), it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter.

On August 24, 2022, the City Council adopted Resolution No. 22-56 authorizing modified remote teleconference meetings through September 23, 2022, to avoid a lapse the Council is requested to adopt the attached resolution.

FISCAL IMPACT:

There is no fiscal impact to the City.

ATTACHMENTS:

Resolution No. 22-59
14 - 1 -
RESOLUTION NO. 22-59

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

SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY,

RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND REAUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM SEPTEMBER 14, 2022, THROUGH OCTOBER 14, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Adelanto (“City”); and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California; and WHEREAS, on March 10, 2020, the Board of Supervisors of the County of San Bernardino proclaimed the existence of a local emergency for all of San Bernardino County (“County”) in response to the outbreak of COVID-19 and its impact on the County; and WHEREAS, on March 13, 2020, in response to the conditions of extreme peril to the safety of persons within the City of Adelanto, the Adelanto City Council (“City Council”) declared a local emergency; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act (“Brown Act”), this waiver was extended through September 30, 2021, by Executive Order N-08-21; and WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, the “SBCOVID-19” section of the San Bernardino County website states that masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses; and
WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in 15 RESOLUTION NO. 22-59
- 2 -
the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; and WHEREAS, the City finds that the continuous spread of COVID-19 throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City; and WHEREAS, on May 25, 2022, the City Council adopted Resolution No. 22-35 authorizing modified remote teleconference meetings through June 24, 2022; and WHEREAS, on June 22, 2022, the City Council adopted Resolution No. 22-48 reauthorizing modified remote teleconference meetings through July 22, 2022; and WHEREAS, on July 13, 2022, the City Council adopted Resolution No. 22-50 reauthorizing modified remote teleconference meetings through August 12, 2022; and WHEREAS, on July 27, 2022, the City Council adopted Resolution No. 22-54 reauthorizing modified remote teleconference meetings through August 26, 2022; and WHEREAS, on August 10, 2022, the City Council adopted Resolution No. 22-55 reauthorizing modified remote teleconference meetings through September 9, 2022; and WHEREAS, on August 24, 2022, the City Council adopted Resolution No. 22-56 reauthorizing modified remote teleconference meetings through September 23, 2022; and WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the local recommendations for masks for all individuals, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by Government Code Section 54953(e) to allow the City Council and all City Boards and Commissions to continue meeting under the abbreviated teleconferencing procedures.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:
16 RESOLUTION NO. 22-59
- 3 -
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby considers the conditions of the State of Emergency in the County and City and proclaims that a local emergency in response to the COVID-19 pandemic persists.

SECTION 3. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective from September 14, 2022, until the earlier of October 14, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Adelanto may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

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

SECTION 7. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED this 14th day of September 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
17 RESOLUTION NO. 22-59
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I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-59 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 14th day of September, 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 14th day of September, 2022.
______________________________
Brenda Lopez, City Clerk
18 CITY COUNCIL AGENDA REPORT
DATE: September 14, 2022
TO: Honorable Mayor and City Council Members
FROM: Brenda Lopez, CMC, City Clerk
BY: City Attorney
SUBJECT: CONSIDERATION OF RESOLUTION NO. 22-60 RESCINDING ALL PREVIOUSLY ADOPTED CONFLICT OF INTEREST CODES AND READOPTING A CONFLICT OF INTEREST CODE AND DISCLOSURE

CATEGORIES
STAFF RECOMMENDS:

Staff recommends that the City Council adopt a resolution adopting a Conflict of Interest Code, incorporating designated positions and disclosure categories pursuant to the Political Reform Act of 1974.

BACKGROUND:

The Political Reform Act (Government Code Section 8100 et seq.) requires all public agencies to adopt a Conflict of Interest Code (“code”) every even-numbered year. A code designates positions required to file Statements of Economic Interests (Form 700), and assigns disclosure categories specifying the types of interests to be reported. Form 700 is a public document intended to alert public officials and the public as to the types of financial interests that may create conflicts of interest.

The Political Reform Act also requires local agencies to review its Conflict of Interest Code biennially each even-numbered year and make amendments as necessary. An amended code is not effective until approved by the City Council.

Staff reviewed the existing code and noted several areas requiring amendments due to changes in titles of various City positions and in the City’s organizational structure (Appendix A of Resolution No. 22- 60); and files the 2022 Local Biennial Notice directing staff to promulgate necessary amendments. With the adoption of this Resolution, the City’s prior code (Resolution 18-60) will be rescinded and replaced.

Additionally, a Conflict of Interest Code was not adopted during calendar year 2020. Thus, a 2020 Local Biennial Notice advising of no amendments is also filed.

The FPPC recommends that agencies incorporate FPPC Regulation 18730, the model local conflict of interest code prepared by the Fair Political Practices Commission, as their Conflict of Interest Code, which this resolution accomplishes. A copy of Regulation 18730 (found at 2 Cal. Code of Regs. Section 18730) is provided as an attachment.

The designated positions and disclosure categories were reviewed and prepared by the City Clerk and City Attorney’s office and reviewed by the City Manager. 19 September 14, 2022

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The criteria staff used to determine if a certain City staff position should be a designated position is whether the position is required to make, or participate in the making of, decisions that may foreseeably have a material effect on a financial interest.

Each local agency conflict of interest code must contain the following:

1. Terms of the Code
The code’s terms comprise the main body of a code and include such provisions as the manner to report financial interests, the disqualification procedures etc. The FPPC recommends that agencies incorporate FPPC Regulation 18730 by reference because the type of information required to be in the main body of the code is quite complex and Regulation 18730 contains all of these provisions.

2. Designated Positions
The code must specifically list positions that make or participate in making decisions. Typically, positions that involve voting on matters, negotiating contracts, or making recommendations on purchases without substantive review must be included in the codes.

Positions listed in Government Code section 87200 (i.e. members of the City Council, Planning Commission, City Manager, City Attorney, City Treasurer, Finance Director, etc.) are not required to be included as designated positions as this statute requires persons holding these positions to file Form 700.

3. Disclosure Categories
One of the code’s primary purposes is to require disclosure of those types of investments, interests in real property, sources of income, and business positions that could affect the decision making by persons holding a designated position.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

1. Resolution No. 22-60

2. Appendix A-Designated Positions

3. Appendix B-Disclosure Categories

4. 2022 Local Agency Biennial Notice

5. 2020 Local Agency Biennial Notice

6. Regulation 18730 (2 Cal. Code of Regs. Section 18730)

7. Resolution No. 18-60
20 RESOLUTION NO. 22-60

A RESOLUTION OF THE CITY COUNCIL, OF THE

CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA,

RESCINDING ALL PREVIOUSLY ADOPTED CONFLICT OF

INTEREST CODES AND RE-ADOPTING A CONFLICT OF INTEREST

CODE AND DISCLOSURE CATEGORIES
WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to promulgate and adopt conflict of interest codes; and WHEREAS, the City is a local agency for the purpose of the Political Reform Act and therefore is required to adopt a conflict of interest code; and
WHEREAS, the Political Reform Act requires review of the Conflict of Interest Code every two (2) years to determine whether it is accurate or whether it should be amended or updated; and WHEREAS, the City desires to update its current Conflict of Interest Code to revise the list of designated employees (Appendix A) and disclosure categories (Appendix B); and WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted a regulation (2 Cal.

Code of Regs. Section 18730), which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and
WHEREAS, the Adelanto City Council has reviewed the list of positions and disclosure categories contained in Appendix A and Appendix B, respectively; and WHEREAS, the following positions are not covered by the existing conflict interest code because they are required to file under Government Code Section 87200 and, therefore, are listed for informational purposes only: Mayor, City Council Members, City Manager, City Attorney, Planning Commissioners, and Finance Director. The City Clerk shall retain a copy of each and forward the original of each of these statements to the Fair Political Practices Commission.

NOW, THEREFORE, BE IT RESOLVED THAT:

Section 1. The terms of the model local conflict of interest code prepared by the Fair Political Practices Commission (2 Cal. Code of Regs. Section 18730) and any amendments adopted by the FPPC is hereby adopted as the City of Adelanto’s Conflict of Interest Code; and
Section 2. The City Council, Planning Commission, City Manager, City Attorney, and Finance Director are not covered by the Conflict of Interest Code as they must file under Government Code 87200; and
Section 3. The designated positions and disclosure categories listed in Appendix A and Appendix B, respectively, to this Resolution are incorporated into the City of Adelanto’s Conflict of Interest Code; and
Section 4. Designated employees listed in Appendix A shall file Statement of Economic Interests (Form 700) with the City Clerk, to whom the City Council hereby designates the authority to carry out the duties of the Filing Officer. 21 RESOLUTION NO. 22-60
PAGE 2
Section 5. The City Clerk will retain the statements and make the statements available for public inspection and reproduction (Government Code Section 81008). All statements will be retained by the City.

Section 6. The effective date of this Code shall be the date this Code is approved and adopted by the City Council.

Section 7. All previously adopted resolutions approving a Conflict of Interest Code for the City are hereby rescinded.

PASSED, APPROVED, AND ADOPTED this 14th day of September, 2022, by the following vote of the Adelanto City Council.
________________________________
Gabriel Reyes, Mayor
ATTEST:

Brenda Lopez, City Clerk, CMC
22 RESOLUTION NO. 22-60
PAGE 3
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No.22-60 was duly and regularly adopted at a Regular Meeting of the City Council of the City of Adelanto on this 14th day of September, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand affix the official seal of the City of Adelanto, on the 14th day of September, 2022.

Brenda Lopez, City Clerk, CMC
23 APPENDIX A

DESIGNATED POSITIONS DISCLOSURE CATEGORIES
City Engineer (contracted) 1
Building Official (contracted) 1
City Clerk 1
Director of Building & Safety (contracted) 1
Water Superintendent/Manager (contracted) 1
Water Operations Manager (contracted) 1
Principal Accountant 1
Human Resources Analyst 1
Senior Accountant 1
Customer Service Supervisor 4
Director of Development Services (contracted) 1
Co-Planning Manager (contracted) 1
Deputy City Attorney (contracted) 1
Information System Administrator (contracted) 4
Community Safety Officer II 1
Consultants 1
Public Services Supervisor 4
*The agency, not FPPC, determines which consultants must file the Form 700. Is the consultant making or participating in decisions or simply preparing a research document? The Executive Director may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 24 APPENDIX B

DISCLOSURE CATEGORIES
The “designated employee” disclosing investments and sources of income need only disclose investments in businesses and sources of income which do business in the City of Adelanto (City), plan to do business in the City or have done business in the City within the past two years. In addition to other activities, a business entity is doing business within the City if it owns real property within the City.

When a “designated employee” is disclosing interests in real property, the employee need only disclose the interest in real property which is located in whole or in part within or not more than two miles outside the boundaries of the City or within two miles of any land owned or used by the City.

Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A.

Category 1: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency; and investments and business positions in business entities, and income, including loans, gifts, and travel payments, from all sources.

Category 2: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency.

Category 3: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the agency.

Category 4: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the department or division to which the filer is assigned duties.

Category 5: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that filed a claim against the agency during the previous two years, or have a claim pending.

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2022 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡ Include new positions
¡ Revise disclosure categories
¡ Revise the titles of existing positions
¡ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
¡ Other (describe)
q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
26 27
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§ 18730. Provisions of Conflict of Interest Codes.
2 CA ADC § 18730
Barclays Official California Code of Regulations
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and
(C) The filing officer is the same for both agencies. [FN1] Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office.
(4) Section 4. Statements of Economic Interests: Place of Filing.

California Code of Regulations
Barclays California Code of Regulations
Title 2. Administration
Division 6. Fair Political Practices Commission (Refs & Annos) Chapter 7. Conflicts of Interest
Article 2. Disclosure
2 CCR § 18730
§ 18730. Provisions of Conflict of Interest Codes.

Currentness
28 9/7/22, 4:45 PM View Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I7D2A26D05A0A11EC8227000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transiti… 2/8 The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. [FN2] (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure. When an investment or an interest in real property [FN3] is required to be reported, [FN4] the statement shall contain the following:
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1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported, [FN5] the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, [FN6] the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section. (D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local 30 9/7/22, 4:45 PM View Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I7D2A26D05A0A11EC8227000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transiti… 4/8 government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-inlaw, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-inlaw, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. 31 9/7/22, 4:45 PM View Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I7D2A26D05A0A11EC8227000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transiti… 5/8 c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more; (B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, 32 9/7/22, 4:45 PM View Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I7D2A26D05A0A11EC8227000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transiti… 6/8 provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
[FN1]
Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004.
[FN2]
See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. [FN3]
For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
[FN4]
Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. [FN5]
A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. [FN6]
Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Credits
NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42).

9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of NOTE filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
33 9/7/22, 4:45 PM View Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I7D2A26D05A0A11EC8227000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transiti… 7/8

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding HISTORY 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and NOTE filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of NOTE filed 8-24-98; operative 8- 24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of HISTORY 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18-2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
34 9/7/22, 4:45 PM View Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I7D2A26D05A0A11EC8227000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transiti… 8/8

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1) (A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12-1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1-11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

This database is current through 8/19/22 Register 2022, No. 33.

Cal. Admin. Code tit. 2, § 18730, 2 CA ADC § 18730

END OF DOCUMENT
35 RESOLUTION NO. 18-60

A RESOLUTION OF THE CITY COUNCIL, OF THE

CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA,

RESCINDING ALL PREVIOUSLY ADOPTED CONFLICT OF

INTEREST CODES AND READ OPTING A CONFLICT OF INTEREST

CODE AND DISCLOSURE CATEGORIES
WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to promulgate and adopt conflict of interest codes; and WHEREAS, the City is a local agency for the purpose of the Political Reform Act and therefore is required to adopt a conflict of interest code; and
WHEREAS, the Political Reform Act requires review of the Conflict of Interest Code every two (2) years to determine whether it is accurate or whether it should be amended; and WHEREAS, the City desires to update its current Conflict of Interest Code to revise the list of designated employees (Appendix A) and disclosure categories (Appendix B); and WHEREAS, the Fair Political Practices Commission ("EPPC") has adopted a regulation (2 Cal.

Code of Regs. Section 18730), which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and
WHEREAS, the following positions are not covered by the existing conflict interest code because they are required to file under Section 87200 and, therefore, are listed for informational purposes only: Mayor, Council Members, City Manager, City Attorney, Planning Commissioners, and Finance Director. The City Clerk shall retain a copy of each and forward the original of each of these statements to the Fair Political Practices Commission.

NOW, THEREFORE, BIT IT RESOLVED THAT:

Section 1. Designated employees listed in Appendix A shall file Statement of Economic Interests (Form 700) with the City Clerk, to whom the City Council hereby designates the authority to carry out the duties of the Filing Officer.

Section 2. The City Clerk will retain the statements and make the statements available for public inspection and reproduction.

Section 3. The effective date of this Code shall be the date this Code is approved and adopted by the City Council.

Section 4. All previously adopted resolutions approving a Conflict of Interest Code for the City are hereby rescinded,
36 RESOLUTION NO. -18-60
PAGE 2
PASSED, APPROVED, AND ADOPTED this 26th day of September, 2018, by the following vote of the Adelanto City Council.

Rich Kerr, Mayor
NITEST:

Brend Lopez, Deputy City Clerk, CMC
37 RESOLUTION NO. -18-60
PAGE 3
I, Brenda Lopez, Deputy City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution N0.18-60 was duly and regularly adopted at a Regular Meeting of the City Council of the City of Adelanto on this 26th day of September, 2018, by the following vote, to wit:

AYES: Council Members Camargo, Clasper, Jeannette, Mayor Pro Tern Woodard, and Mayor Kerr
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS THEREOF, I hereunto set my hand affix the official seal of the City of Adelanto, on the 26th day of September, 2018.

Brenda Lopez, Deputy City Clerk, C
38 APPENDIX A

DISCLOSURE

DESIGNATED POSITIONS CATEGORIES
City Engineer 1
Public Services Manager/EOC Coordinator 1
Building Official (contracted) 1
City Clerk 1
Public Works Superintendent
Water Superintendent (contracted) 1
Water Operations Manager (contracted) 1
Assistant Finance Director 1
Human Resources Director 1
Senior Accountant 4
Accountant 4
Customer Service Supervisor 4
Utility Services Manager/Water Conservation Specialist 1 Senior Planner
Senior Management Analyst 3
Deputy City Attorney 1
Information Systems Specialist
Information Systems Supervisor 4
Animal Control Supervisor 4
Community Safety Manager 1
Consultants 1
*The agency, not FPPC, determines which consultants must file the Form 700. Is the consultant making or participating in decisions or simply preparing a research document? The Executive Director may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record 39 APPENDIX B

DISCLOSURE CATEGORIES
The "designated employee" disclosing investments and sources of income need only disclose investments in businesses and sources of income which do business in the City of Adelanto (City), plan to do business in the City or have done business in the City within the past two years. In addition to other activities, a business entity is doing business within the City if it owns real property within the City.

When a "designated employee" is disclosing interests in real property, the employee need only disclose the interest in real property which is located in whole or part within or not more than two miles outside the boundaries of the City of within two miles of any land owned or used by the City.

Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A.

Category 2: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency.

Category 6: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that are of the type to request an entitlement to use agency property or facilities, including, but not limited to: a license, utility petmit, or station vendor permit.
40 41
42 43
SCALE - 1/8"=1' 0 2 4 8 @ 11 "x 17" 1855 SQ FT NOTES: 1. THIS DRAWING IS DIAGRAMMATIC IN NATURE. LOCATIONS RECOMMENDED FOR PLAY COMPONENTS AND DRAINS ARE APPROXIMATE. PIPING AND CONDUIT RUNS ARE SCHEMATIC. JOB CONDITIONS AND LOCAL CODES MUST DETERMINE FINAL ROUTING. 2. WET DECK AREA MUST BE POURED AND FORMED SO THAT WATER SHED AREA SLOPES TOWARD DRAINS. TOTAL GPM 233 ITEM FEATURE DESCRIPTION QTY ABOVE GRADE FEATURES ELEVATIONS TYPE DATE -- DWG NO SHEET
Water Odyssey™ by Fountain People, Inc. ~ PO Box 807 ~ San Marcos, Texas 78667-0807 Phone (512) 392-1155 ~ Fax (512) 392-1154 ~ www.waterodyssey.com VER. OPT. REV. 08 05 22 W80220 1 A GA 1 of 1 PLAN SALES PIPE JONATHAN AND CHAMBERLAINE PARK ADELANTO SPLASH PAD PLAN VIEW 3'-0"6'-0"5'-0" 4'-0"
1 COWBOY CACTUS AQUA SPRAYER 60 GPM @ 15 PSI F2041 F2041 COWBOY CACTUS1 LAZY LIZARD AQUA SPRAYER 30 GPM @ 4 PSI F2043 F2043 LAZY LIZARD1 KIDDY CACTUS AQUA SPOUT 12 GPM @ 4 PSI F3050 F3050 KIDDY CACTUS1 ROCKY RAIN AQUA SPRAYER 18 GPM @ 5 PSI F2052 F2052 ROCKY RAIN2 WATER FLOWER 1' HIGH - 2' SPREAD 10 GPM @ 1 PSI W0713 SPLASH-O-LATOR 2' HIGH 6 (18) GPM @ 2 PSI W0851 WATER WEAVE 4' HIGH - 8' SPREAD 14 GPM @ 2 PSI W0932 PONYTAIL 12' HIGH - 6' THROW 11.5 (23) GPM @ 12 PSI W1242 CLOUD 9 12' HIGH 6 (12) GPM @ 20 PSI W0162 BIG SQWERTS SNAKE 20' THROW 18 (36) GPM @ 20 PSI W310 (90) W310 BIG SQWERTS SNAKE F2041 F2043 F3050 F2052 W071 W085 W093 W124 W124 W016 W016 W085 W085 W310 W310 47'-2" 52'-2" 5 ' O
V
E
R
S
P
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A
Y
Z
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44 Creating Compelling
Aquatic Play Experiences Park View
Waterodyssey.com
images shown are diagrammatic in nature. preliminary features and effects may vary. 1855 SQ FT RK
Jonathan And Chamberlaine Park Splash Pad
W80220_1A 233 GPM
Adelanto, CA
Waterodyssey.com
Creating Compelling
Aquatic Play Experiences
45 Creating Compelling
Aquatic Play Experiences Park View
Waterodyssey.com
images shown are diagrammatic in nature. preliminary features and effects may vary. 1855 SQ FT RK
Jonathan And Chamberlaine Park Splash Pad
W80220_1A 233 GPM
Adelanto, CA
Waterodyssey.com
Creating Compelling
Aquatic Play Experiences
46 Creating Compelling
Aquatic Play Experiences Park View
Waterodyssey.com
images shown are diagrammatic in nature. preliminary features and effects may vary. 1855 SQ FT RK
Jonathan And Chamberlaine Park Splash Pad
W80220_1A 233 GPM
Adelanto, CA
Waterodyssey.com
Creating Compelling
Aquatic Play Experiences
47 Creating Compelling
Aquatic Play Experiences Park View
Waterodyssey.com
images shown are diagrammatic in nature. preliminary features and effects may vary. 1855 SQ FT RK
Jonathan And Chamberlaine Park Splash Pad
W80220_1A 233 GPM
Adelanto, CA
Waterodyssey.com
Creating Compelling
Aquatic Play Experiences
48 Creating Compelling
Aquatic Play Experiences Park View
Waterodyssey.com
images shown are diagrammatic in nature. preliminary features and effects may vary. 1855 SQ FT RK
Jonathan And Chamberlaine Park Splash Pad
W80220_1A 233 GPM
Adelanto, CA
Waterodyssey.com
Creating Compelling
Aquatic Play Experiences
49 Creating Compelling
Aquatic Play Experiences Park View
Waterodyssey.com
images shown are diagrammatic in nature. preliminary features and effects may vary. 1855 SQ FT RK
Jonathan And Chamberlaine Park Splash Pad
W80220_1A 233 GPM
Adelanto, CA
Waterodyssey.com
Creating Compelling
Aquatic Play Experiences
50 Creating Compelling
Aquatic Play Experiences Park View
Waterodyssey.com
images shown are diagrammatic in nature. preliminary features and effects may vary. 1855 SQ FT RK
Jonathan And Chamberlaine Park Splash Pad
W80220_1A 233 GPM
Adelanto, CA
Waterodyssey.com
Creating Compelling
Aquatic Play Experiences
51 Creating Compelling
Aquatic Play Experiences Park View
Waterodyssey.com
images shown are diagrammatic in nature. preliminary features and effects may vary. 1855 SQ FT RK
Jonathan And Chamberlaine Park Splash Pad
W80220_1A 233 GPM
Adelanto, CA
Waterodyssey.com
Creating Compelling
Aquatic Play Experiences
52 Creating Compelling
Aquatic Play Experiences Park View
Waterodyssey.com
images shown are diagrammatic in nature. preliminary features and effects may vary. 1855 SQ FT RK
Jonathan And Chamberlaine Park Splash Pad
W80220_1A 233 GPM
Adelanto, CA
Waterodyssey.com
Creating Compelling
Aquatic Play Experiences
53 Creating Compelling
Aquatic Play Experiences Park View
Waterodyssey.com
images shown are diagrammatic in nature. preliminary features and effects may vary. 1855 SQ FT RK
Jonathan And Chamberlaine Park Splash Pad
W80220_1A 233 GPM
Adelanto, CA
Waterodyssey.com
Creating Compelling
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54 Version A - 38891
Jonathan & Chamberlaine Park, US
55 A B C D E E E E E F F G H H I J K L M N O P P Q 38'-9" [11.81m] 50'-1" [15.25m] 68'-5" [20.85m] 5' [1.53m] 38'-2" [11.63m] 30'-11" [9.42m] 4' [1.21m] 5'[1.5m] SPRAY FREE CONCRETE AREA ALL AROUND THE SPLASHPAD NOTE: QUANTITY AND LOCATION OF DRAINS BASED ON VORTEX RECOMMENDATIONS. MODIFICATIONS MAY BE REQUIRED DUE TO SPECIFIC SITE CONDITIONS AND/OR LOCAL CODE. 2794 260m² 1233 115m² 10 x 10 3 x 3m PRODUCT LEGEND SPLASHPAD DIMENSION GRID SIZE : SPRAY AREA : TOTAL AREA : ft² ft² ft REF PRODUCT QTY GPM LPM A Rainbow N°2 VOR 0548 1 22.5 85.1 B Aqua Dome N°1 VOR 0555 1 14.0 52.9 C Activator N°1 VOR 0612 1 0.0 0.0 D Playsafe Drain N°1 VOR 1001 1 E Spraylink Jet N°1 VOR 3000 5 12.5 47.3 F Spraylink Bloom VOR 3006 2 16.0 60.5 G Spraylink Fountain VOR 3007 1 6.0 22.7 H Spraylink Tunnel N°2 VOR 3055 2 16.0 60.5 I Spraylink Curve VOR 3056 1 9.5 35.9 J Spraylink Quad N°3 VOR 3064 1 8.5 32.1 K Helio N°3 VOR 7238 1 3.0 11.3 L SunSpray N°1 VOR 7578 1 12.5 47.3 M Silhouette N°3 VOR 7774 1 6.0 22.7 N Silhouette N°5 VOR 7777 1 5.5 20.8 O Vine VOR 7784 1 5.0 18.9 P Bamboo Twin Cannon VOR 7786 2 7.0 26.5 Q Bamboo Ring VOR 7787 1 2.0 7.6 TOTAL QTY GPM LPM 24 146 552.1 COPYRIGHT VORTEX AQUATIC STRUCTURES INTERNATIONAL 2006-THIS DOCUMENTS AND THE IDEAS, RENDERINGS AND OTHER CONTENTS CONTAINED THEREIN ARE THE SOLE PROPERTY OF VORTEX AQUATIC STRUCTURES INTERNATIONAL AND MAY NOT BE DISSEMINATED, COPIED, REPRODUCED OR OTHERWISE USED WITHOUT PRIOR WRITTEN CONSENT OF VORTEX AQUATIC STRUCTURES INTERNATIONAL SCALE : 11" X 17" sheet size Jonathan & Chamberlaine Park, US SPLASHPAD LAYOUT DRAWING 38891 - Version A August, 03, 2022 1/8":1' 56 5 Splashpad® Jonathan & Chamberlaine Park, US
Version A - 38891 View 1
All 3D renders shown are for illustration purposes only. Actual colors, textures and finishes may differ from renders.
57 6 Splashpad® Jonathan & Chamberlaine Park, US
Version A - 38891 View 2
All 3D renders shown are for illustration purposes only. Actual colors, textures and finishes may differ from renders.
58 7 Splashpad® Jonathan & Chamberlaine Park, US
Version A - 38891 View 3
All 3D renders shown are for illustration purposes only. Actual colors, textures and finishes may differ from renders.
59 8 Splashpad® Jonathan & Chamberlaine Park, US
Version A - 38891 View 4
All 3D renders shown are for illustration purposes only. Actual colors, textures and finishes may differ from renders.
60 9 Splashpad® Jonathan & Chamberlaine Park, US
Version A - 38891 View 5
All 3D renders shown are for illustration purposes only. Actual colors, textures and finishes may differ from renders.
61 10 Splashpad® Jonathan & Chamberlaine Park, US
Version A - 38891 Play Value Planning
Play Value Planning
Aquatic play may feel spontaneous, but it actually requires lots of planning. We design every play experience to keep families engaged, boost dwell times, and increase return visits.

To build lasting memories among moms, dads, and little
ones of all abilities, we carefully consider how to integrate products that cater to everything from the location’s footprint and capacity to its demographics and theming objectives.

Sensory
Stimulates & develops multiple
sense experiences
Spray
Encourages teamwork &
competition
Tactile
Promotes discovery of water
textures
Iconic
Features interactive fun & serves
as a social gathering place
Circuit
Encourages physical
development
Flow
Develops discovery
& learning
Kinetic
Features interactive fun &
encourages movement
Misty
Cloud-like experience gives
refreshing thrills
Toddler
Family
Teen
Sensory
Discovery Garden
Spray
Competitive Play
Tactile
Gentle Sprays
Iconic
Grand Splash Zone
Circuit
Adventure Circuit
Kinetic
Competitive play with
Interactive Twirl
62 11 Jonathan & Chamberlaine Park, US
Version A - 38891 Color Options
Splashpad®
Beige
RAL 1015
Yellow
Orange
Saffron
RAL 1017
Orange
Yellow
RAL 1023
Red
Red
Orange
RAL 2011
Green
Lime
Red*
RAL 3000
Blue
Blue
Fuchsia
RAL 4006
Navy Blue
RAL 5003
Sky Blue
RAL 5012
Blue
RAL 5017
Pastel Blue
RAL 5024
Vortex Colors
SeeFlow™ Orbs Accessories
Superwave Supersplash Twinsplash
Green
RAL 6018
Mint Green
RAL 6019
Pale Green
RAL 6021
Fern Green
RAL 6025
Coral Green
RAL 6027
Forest Green
RAL 6029
Grey
RAL 7040
Sparkle
RAL 90080
Brown
RAL 8024
White
RAL 9003
Black
RAL 9017
PlaySafe™ Drain ToeGuard™ TwirlTec™ PodSpray™ TwistNozzle™ LED Available in Vortex Blue (as shown)
Vortex Colors
Vortex Colors
Vortex Colors
SeeFlow™
SeeFlow™
SeeFlow™
Vortex Colors
Vortex Colors
Vortex Colors
Vortex Colors
Steel and Fiberglass (excluding waterslides) * An additional fee will apply on fiberglass waterslide applications.

Urban Marine Nature Vibrant
63 8/12/2022
Coast Recreation – Providing Quality Outdoor Products since 1992 Proposal for Conceptual Designs
for the
City of Adelanto
Jonathan & Chamberlaine Park
Aquatix Design # 1167236-01-01
Proposed by
Taylor Smith, Sales Consultant
3151 Airway Avenue, Suite A-3, Costa Mesa, CA 92626
(909) 767-0201 / (714) 619-0100 ~ CoastRecreation.com
64 ©2021 Aquatix by Landscape Structures. All Rights Reserved Jonathan & Chamberlaine Park
Design# 1167236-01-01 08/04/2022
65 ©2021 Aquatix by Landscape Structures. All Rights Reserved Jonathan & Chamberlaine Park
Design# 1167236-01-01 08/04/2022
66 ©2021 Aquatix by Landscape Structures. All Rights Reserved Jonathan & Chamberlaine Park
Design# 1167236-01-01 08/04/2022
67 ©2021 Aquatix by Landscape Structures. All Rights Reserved Jonathan & Chamberlaine Park
Design# 1167236-01-01 08/04/2022
Tot Zone
Family Zone
Dynamic Zone
68 ©2021 Aquatix by Landscape Structures. All Rights Reserved Design Details
*Surface finishes and/or site furnishings shown are conceptual and provided by others.

Proposed Color Palette
Paint Colors
Acrylic Colors
Project Details
Color Approval
Customer Signature Date
Colors shown are for representation purposes.

Consult with your Representative for actual color swatches for final color selection.

Acrylic Colors
Jonathan & Chamberlaine Park
Design# 1167236-01-01 08/04/2022
Dimensions
51’-10”L x 47’-5”W
Total System Flow Rate
180 GPM
Limon Plum Tangerine
Lime Zest Perfect
Plum
69 70
The following contains the standard color choices for Aquatix structures and accessories.

Aquatix offers various color choices for each individual part on each structure providing a bright and colorful environment. Custom color matching is available for any color code provided, which will provide a unified look with Aquatix’ equipment and the surrounding site amenities. © 2021
Color & Finishes
Aquatix offers color selections on multiple parts on every product! Color Choices
Finish Processes
Custom colors available upon request.
952.445.5135 | 877.632.0503 | aquatix.playlsi.com
Water Palette 1
Water Palettes
Choose from one of our water palettes
to tie your whole splash pad together.

Colors in each palette can be used for
all painted components on products. Water Palette 2 Water Palette 3 Water Palette 4 Water Palette 5 Water Palette 6 Water Palette 7 Water Palette 8 Water Palette 9
• Color and Gloss Retention
• Impact Resistant
• Excellent Appearance
• Abrasion Resistant
• Industrial Grade
• Field Repairable
• Corrosion Resistant
• Clean with Warm Water
• Thicker Mil Compared to Powder Coat
Our multi–step polyurethane finishing system
is specifically designed to help prevent wear
and fading caused by chemically treated
water and UV rays. Aquatix can provide
complimentary touch up paint to be used on
site for continued protection.

Three Coat System:
• Epoxy Primer Coat
• Polane Color Coat
• Polane Clear Coat
Advantages
Limon Lagoon Peacock Cranberry
Red
Tangerine Orange Limon
Lime Zest Saffron
Yellow
Tangerine Limon Buttercup Acorn
Yellow Limon Denim Metallic
Silver
Cranberry
Red
Metallic
Silver Lagoon Peacock
Azure
Blue
Plum Peacock Blue White Metallic
Silver
Lagoon Orange Sky Metallic
Silver
Slate Seafoam Copper
Chili
Red
Yellow Orange Cranberry
Red Blue Grass
Tangerine Peacock Limon
Slate Seafoam White
Perfect
Plum
Raspberry Red
Brown
Azure
Blue
Azure
Blue
Azure
Blue
Azure
Blue
Azure
Blue
Chili
Red
Saffron
Yellow
Saffron
Yellow
Saffron
Yellow
Lime Zest
Lime Zest Lime Zest
Lime Zest Perfect
Plum
Perfect
Plum
Water Palette 10 Water Palette 11
Brown
Yellow Tangerine Orange Cranberry
Red
Grass Green Leaf
Lagoon Sky
Limon Buttercup Acorn Black
Plum Blue Peacock White
Metallic
Silver
Denim
Tan Dune
Maroon
Copper Gray
Slate Seafoam
71 Proposal for
Hirsch & Associates Inc.

Prepared by
08-31-2022
Job # 107382-01
Jonathan and Chamberlaine Park - Playground and Fitness Equipment 805-320-9007 | gwpark.com
72 Total Elevated Play Components
Total Different Types Of Ground Level ComponentsTotal Accessible Ground Level Components ShownTotal Elevated Components Accessible By TransferTotal Elevated Play Components Accessible By Ramp Representative
This play
equipment is recommended for children ages
RequiredRequiredRequiredRequired
This drawing can be
scaled only when in an 18" x 24" format Minimum Area Required: Scale: Drawing Name: Date: This Unit includes play events and Drawn By: routes or travel specifically designed for special needs users. It is the opinion of the manufacturer that these play events and routes of travel conform to the accessibility requirements of the ADA (Americans with Disabilities Act) IMPORTANT: Soft resilient surfacing should be placed in the use zones of all equipment, as specified for each type of equipment, and at depths to meet the critical fall heights as specified by the U.S. consumer Product Safety Commission, ASTM standard F 1487 and Canadian Standard CAN/CSA-Z-614 C E R T I F I E D 150 PlayCore Drive SE Fort Payne, AL 35967 www.gametime.com 1 4 0 0 1 CERTIFIED Hirsch & Associates Inc. Jonathan and Chamberlaine Park Adelanto CA Great Western Recreation QL 08/24/2022 107382-01-OPT2 2-5 - - 10- - 9 5 7 3 3 3 SALES REP MYLES HARVEY 805-320-9007 [email protected] N 73 74
75 76
77 78

CUSTOM COLOR SELECTIONS
Project: Approved by:______________________________________ Surfacing:

CUSTOM COLORS:

ITEM COLOR ITEM COLOR ITEM COLOR
BASIC ACCENT/ARCH METAL ROOF ROTO TUBE PLASTIC ROOF HDPE 2 COLOR HDPE SHADE

DECKS RECYCLED LUMBER ROCK

HANDGRIP VISTAROPE

PRIMARY

NATURAL

NA NA NA NA NA NA NA
NA
NA

NA NA NA
NA
NA
79 Jonathan and
Chamberlaine Park -
Adelanto - Multiple
Vendors
80 81
82 3'
DECK
7145029 HYPERBOLIX (BETWEEN 3' DECKS)
71469433
3'
DECK
7145029

TRANSFER
POINT
71485139
HULA

CLIMBER
7148053
HEX CLIMBER TO 3' DK
7146933

L-SLIDE VORTEX
7149071U

CHAMELEON II

VORTEX SLIDE
714670U
714670EZ

CHAMELEON II SLIDE
714670PZ

KC HEX/TRIANGLE PERF PANEL
71471316

HOW TALL

RU PANEL
714633
PLAYCOVER 30’ X 30’, FLAME RETARDANT
714669307PFR
MIRACLE MACHINE3 GOOOAAALLL
4539
GROUND SPACE:

PROTECTIVE AREA:

DRAWN BY: DATE:

PHONE NO:

FAX NO:

COMPLIES TO ADA

COMPLIES TO ASTM/CPSC
To promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) to inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe play.

THE PLAY COMPONENTS IDENTIFIED IN THIS
PLAN ARE IPEMA CERTIFIED. THE USE AND

LAYOUT OF THESE COMPONENTS CONFORM
TO THE REQUIREMENTS OF ASTM F1487.

AN ENERGY ABSORBING PROTECTIVE

SURFACE IS REQUIRED UNDER & AROUND ALL

PLAY SYSTEMS
(877) 215-3869
Adelanto, CA
J and C Park
R0036_44791813817 (800) 264-7225 x102
Corona,CA
9106 Pulsar Ct
Bryce Lawrence 8/18/2022
34'-6" x 33'-6"
47'-6" x 43'-6"
MIRACLE PLAYGROUND SALES, INC.

ELEVATED PLAY ACTIVITIES - TOTAL:

ELEVATED PLAY ACTIVITIES ACCESIBLE BY TRANSFER:

ELEVATED PLAY ACTIVITIES ACCESIBLE BY RAMP:

GROUND LEVEL ACTIVITY TYPE:

GROUND LEVEL QUANTITY:

REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP: 2-5
2 2
3 0
6 2
2 0
6 83
84 85
86 Red Yellow Tropical Yellow Orange Lime Chartreuse Green Forest Green Teal Sky Cyan Blue Cobalt Lavender Plum Burgundy
Beige Brownstone Brown Dark Brown White Graystone Light Gray Gray Black (Roofs Only)
Rock-ite® Plastic Colors
Roofs, Slides, Big Timber® Components, Crawl Tubes, Bongos™, Bumpers and Panels.

Mira-Lene™ Panel Colors
Red-Sand
Plum-Sand
Beige-Forest
Green
Beige-Red Beige-Gray Dark Gray-Black Black-White White-Black Brown-Sand
Red-Yellow Yellow-Sand Yellow-Blue Yellow-Black Orange-Sand Lime-Sand Forest
Green-Sand
Blue-Sand Blue-Yellow Blue-White Cobalt-Sand
Yellow Red Royal Blue Forest Green Sand Black
Miracle Swing Seat Colors
Color Choices
196 Color Choices Miracle-Recreation.com
87 Red Yellow Tropical Yellow Orange Lime Chartreuse Green Forest Green Burgundy Brown White Light Gray
Sand
Dark Brown Silver Metallic Gray Black
(Posts & Clamps Only)
Teal Azure Blue Cobalt Lavender Plum Beige
Mira-Cote™ Powder-Coated Painted Metal Colors
Posts, Arches, Swings and Accents (Railings & Climbers).

Mira-Cote™ Antimicrobial Painted Metal Colors
This proprietary treatment helps minimize bacterial mold, algae growth and stains.

Yellow Orange Habanero Mediterranean Safari Rainforest Desert Dunes Mahogany Gray White Red Brown Royal Blue Sand Hunter Green Dark Gray
Mira-Therm™ Textured Colors
Mira-Therm coatings for Decks, Steps, Ramps, Bridges and Cargo Climbers are available in either orthophtalate-free Mira-Therm 2 (vinyl) or Mira-Therm PE (polyethylene)–based coatings with Antimicrobial enhancements.

Miracle® uses high quality materials and state of the art manufacturing processes. Commercial playgrounds and products are subjected to years of environmental and solar exposure. Such extreme exposure takes its toll on paints and pigments, and all colors will fade over time. So Miracle® does not warrant against color fading or discoloration. It is important to properly maintain your playground to ensure its longevity. Depending on environmental conditions at your location, the installation of fabric shade structures may help to delay fading and discoloration.

Actual colors in catalog may vary due to four color printing process.

Color Choices 197
88 Navy Blue Chocolate
Blue
Royal Blue
Red
Cinnamon
Green
Laguna Blue Arizona
Yellow
Turquoise
Desert Sand
Terracotta Rain Forest
Terracotta
White
Sunflower Yellow Olive
Desert Sand
Silver
Electric Purple Zesty Lime
Silver
Black
Perforated Diamond
Powder Coat and Plastisol Powder Coat Only
Red Green Blue Sand Brown Charcoal Black White
Shade Fabric Colors
SHADESURE™ Fabrics Passes: NFPA 701 / ASTM-E84
COLOURSHADE® Fire Retardant Fabrics Passes: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Site Furnishing Colors
Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs.

Site Furnishing Patterns
Color Choices
Milwaukee
Brown
Recycled Plastic Colors
Cedar
Slat and Rib patterns (not shown)
available in select site furnishing
products.
198 Color Choices Miracle-Recreation.com
89 8/12/2022
Coast Recreation – Providing Quality Outdoor Products since 1992 Proposal for Conceptual Designs
for the
City of Adelanto
Jonathan & Chamberlaine Park
LSI & Skyways Design # 1167231-01-01
Proposed by
Taylor Smith, Sales Consultant
3151 Airway Avenue, Suite A-3, Costa Mesa, CA 92626
(909) 767-0201 / (714) 619-0100 ~ CoastRecreation.com
90 91
92 93
94 Sky
Lagoon
Seafoam
Pebble
Blue
Denim
Grass
Green
Leaf
Sprout
Limon
Slate
Brick
Red
Tangerine
Yellow
Buttercup
Gray
Acorn
Tan
ProShield® Colors
For posts/arches, components and clamps, ProShield® finish combines a specially formulated primer with a high-quality, architectural-grade powdercoat top layer. The result is enhanced longevity, greater protection against UV rays, prevention from corrosion, and improved product performance. Custom colors are available for an additional charge.

Learn more about our Color Inspirations at playlsi.com/color-inspirations Color Choices
Vivid colors for lively play
888.438.6574 • 763.972.5200 playlsi.com
Permalene® panels with a recycled core are a smart choice for your playground and the environment. Available in the 20 colors shown, the distinctive black core results from combining and recycling colored plastic—waste that would otherwise end up in landfills.

Permalene® Color Panels
Limon Sky
Tangerine
Hedra® product line option. Translucent
panel provides visibility into structure as
well as light and color play.

Polycarbonate Panels
NEW
Leaf
Limon
Sprout
Denim
Blue
Pebble
Seafoam
Lagoon
Sky
Peacock
Grass
Green
Pine Green
Paprika
Orange
Tangerine
Yellow
Honey
Buttercup
Black
Brown
Acorn
Copper
Tan
Dune
Vanilla
White
Slate
Purple
Plum
Maroon
Berry
Cranberry Red
Red
Metallic Silver
Cool Silver Matte
Matte Gray
Carbon
NEW
NEW
NEW
95 Brick Red
Limon
Tangerine Buttercup
Leaf
Tan
Green
Acorn
Denim Blue Lagoon
Gray
Seafoam Slate
Granite
Tan
Brown Gray
TenderTuff™ Coating
For swing chains, handholds, pipe
barriers, wheels, rings, etc. Insulates
against temperature extremes
and provides a safer grip surface
compared to painted metal.

Blue Red
Steel Decks The heaviest,
thickest decks for long‑lasting
safety: Flange-formed from
12‑gauge steel with safe,
rounded corners. Reinforced
with .105" x 2" ribs welded on
cross for superior strength and
a consistently flat surface.

Steel-Reinforced
Cables Made of tightly
woven, polyester-wrapped,
six-stranded galvanizedsteel cable. These abrasionresistant, color-stable cables are extremely durable and
vandal resistant.

Brown Gray Tan Black Red
Polyethylene For slides, tunnels, roofs, etc. The heavy-duty rotationally molded polyethylene material ensures strength and durability while resisting cracking, fading and peeling. *Denim, Seafoam, Limon, Leaf, Slate, Brick, Tangerine, Buttercup, Granite and Acorn are color blends. ©2022 Landscape Structures Inc. Printed in the U.S.A. 755-2648 Gun Metal FR
Brown FR
Denim FR
Purple FR
Grass FR
Orange FR
Black FR
Cherry Red FR Cayenne FR
Natural FR
Yellow FR
Tan FR
Metallic Silver FR
Pine Green FR
Blue FR
Cedar FR
Sky Blue FR Lagoon FR
Rivergum FR
Deep Ochre FR
SkyWays® and CoolToppers® Shade Fabrics
Designed to block up to 97% of UV rays and keep playground temperatures up to 30 degrees cooler.

NEW NEW
96 www.PublicRestroomCompany.com
PROJECT REF#: 11373-8/10/2022-0
2587 BUSINESS PARKWAYMINDEN NEVADA 89423P: 888-888-2060 F: 888-888-1448

RESTROOM/ SPLASH

PAD BUILDING

JONTHAN & CHAMBERLAINE PARK

ADELANTO, CALIFORNIA
ARTIST IMPRESSION: 3D RENDERING ONLY FOR REPRESENTATION. COLORS AND MATERIALS ARE SUBJECT TO CHANGE COPYRIGHT 2022, PUBLIC RESTROOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF PUBLIC RESTROOM COMPANY AND SHALL NOT BE REPRODUCED, USED OR DISCLOSED TO OTHERS EXCEPT AS AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY.

FLOOR PLAN
SCALE: NOT TO SCALE
97 HD HR HD 29'-4"
11'-4" (MOD-'1')
2'-0" DRINKING FOUNTAIN W/ BOTTLE FILLER ELEC. PANEL
7'-4" SPLASH PAD EQUIPMENT ROOM UTILITY CHASE 35'-4" (MOD-'1&2') 10'-2" 3'-0" 9'-4"
11'-4" (MOD-'2')
9'-4"
22'-8" (ROOF OVERALL)
4'-0" 7'-4"
2'-0" 19'-2" ACC/RR ALL GENDER
2'-0" 9'-4" 9'-4" 2'-0" SHOWER HEADS 3'-0" ACC/RR ALL GENDERBCBC FLOOR PLAN SCALE: 3/16"=1'0" 2 1 3 4 A-1 JONATHAN & CHAMBERLAINE PARK ADELANTO, CA RESTROOM / SPLASH PAD BUILDING PROJECT #: MAX. PERSON / HOUR: REVISION # 11373 90SHEET# START 8/10/2022 DATE: DRAWN BY: EOR REVISION DATE: - DRAWN BY: C O P Y R I G H T 2 0 2 2 , P U B L I C R E S T R O O M C O M P A N Y T H I S MATERIAL IS THE EXCLUSIVE P R O P E R T Y O F P U B L I C R E S T R O O M C O M P A N Y A N D SHALL NOT BE REPRODUCED, U S E D , O R D I S C L O S E D T O O T H E R S E X C E P T A S AUTHORIZED BY THE WRITTEN P E R M I S S I O N O F P U B L I C R E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE: S PROJECT REF#: 11373-8/10/2022 -0 98 4 12
12'-10" DRINKING FOUNTAIN W/ BOTTLE FILLER T.O. SLAB 7'-4" 0'-0" T.O. WALL PRECISION SPLITFACE T.O. SLAB 7'-4" 0'-0" T.O. WALL PRECISION SPLITFACE 12'-10" ELEVATION 1 SCALE:3/16"=1'-0" ELEVATION 2 SCALE:3/16"=1'-0" A-2 JONATHAN & CHAMBERLAINE PARK ADELANTO, CA RESTROOM / SPLASH PAD BUILDING PROJECT #: MAX. PERSON / HOUR: REVISION # 11373 90SHEET# START 8/10/2022 DATE: DRAWN BY: EOR REVISION DATE: - DRAWN BY: C O P Y R I G H T 2 0 2 2 , P U B L I C R E S T R O O M C O M P A N Y T H I S MATERIAL IS THE EXCLUSIVE P R O P E R T Y O F P U B L I C R E S T R O O M C O M P A N Y A N D SHALL NOT BE REPRODUCED, U S E D , O R D I S C L O S E D T O O T H E R S E X C E P T A S AUTHORIZED BY THE WRITTEN P E R M I S S I O N O F P U B L I C R E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE: S PROJECT REF#: 11373-8/10/2022 -0 99 12'-10" T.O. SLAB 7'-4" 0'-0" T.O. WALL PRECISION SPLITFACE SHOWER HEAD 4 12 ALUM. LOUVRE T.O. SLAB 7'-4" 0'-0" T.O. WALL PRECISION SPLITFACE 12'-10" ELEVATION 3 SCALE:3/16"=1'-0" ELEVATION 4 SCALE:3/16"=1'-0" A-3 JONATHAN & CHAMBERLAINE PARK ADELANTO, CA RESTROOM / SPLASH PAD BUILDING PROJECT #: MAX. PERSON / HOUR: REVISION # 11373 90SHEET# START 8/10/2022 DATE: DRAWN BY: EOR REVISION DATE: - DRAWN BY: C O P Y R I G H T 2 0 2 2 , P U B L I C R E S T R O O M C O M P A N Y T H I S MATERIAL IS THE EXCLUSIVE P R O P E R T Y O F P U B L I C R E S T R O O M C O M P A N Y A N D SHALL NOT BE REPRODUCED, U S E D , O R D I S C L O S E D T O O T H E R S E X C E P T A S AUTHORIZED BY THE WRITTEN P E R M I S S I O N O F P U B L I C R E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE: S PROJECT REF#: 11373-8/10/2022 -0 100
56" X 60" CLEAR APPROACH 36" X 48" CLEAR APPROACH 56" X 60" CLEAR APPROACH 36" X 48" CLEAR APPROACH 30" X 36" CLEAR APPROACH Restroom Facilities Limited This material is the exclusive property of RESTROOM FACILITIES (the company) and shall not be reproduced or disclosed to others without the written permission of the PRESIDENT of the COMPANY or as authorized by written contract with the COMPANY. C Copyright 2022 1707 COLT CIRCLE MARBLE FALLS, TX 78654 512-222-5454 101
12" 3 1/2" 12" 3 1/2" Restroom Facilities Limited This material is the exclusive property of RESTROOM FACILITIES (the company) and shall not be reproduced or disclosed to others without the written permission of the PRESIDENT of the COMPANY or as authorized by written contract with the COMPANY. C Copyright 2022 1707 COLT CIRCLE MARBLE FALLS, TX 78654 512-222-5454 102
8/12/2022
Coast Recreation – Providing Quality Outdoor Products since 1992 Proposal for Conceptual Designs
for the
City of Adelanto
Jonathan & Chamberlaine Park
Skyways Design # 1167231-01-01
Proposed by
Taylor Smith, Sales Consultant
3151 Airway Avenue, Suite A-3, Costa Mesa, CA 92626
(909) 767-0201 / (714) 619-0100 ~ CoastRecreation.com
103
104
105
106
107
108
109
110

CUSTOM COLOR SELECTIONS
Project: Approved by:______________________________________ Surfacing:

CUSTOM COLORS:

ITEM COLOR ITEM COLOR ITEM COLOR
BASIC ACCENT/ARCH METAL ROOF ROTO TUBE PLASTIC ROOF HDPE 2 COLOR HDPE SHADE

DECKS RECYCLED LUMBER ROCK

HANDGRIP VISTAROPE

PRIMARY

NATURAL

NA NA NA NA NA NA NA
NA
NA

NA NA NA
NA
NA
111
During installation, please be sure to also refer to the general installation instructions. © 2022 Greenfields Outdoor Fitness, Inc.

In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notic Questions? Please call 888-315-9037 x105
Installation Instructions:

LU22x01x11
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most”.

SGR104
4-Person Leg Press
This unit ships as 3 separately wrapped components.
30"
36"
82"
36"
36"

22.5°
Finished product
Parts List:

Extension for In Ground
2x Pegs
1x Fully Assembled Unit
112
During installation, please be sure to also refer to the general installation instructions. © 2022 Greenfields Outdoor Fitness, Inc.

LU22x01x11
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most”.

Parts List:
3x Extension for In Ground
6x Pegs
SGR071
3-Person Static Combo
This unit ships as 4 separately wrapped components.

Finished product
24"
24"
24"
24" 20" 20" 20"
62"
Optional Top
Surfacing
Surface
Level
24"
24" 20"
4" under
concrete
84"
Recommended Height
59"
113
During installation, please be sure to also refer to the general installation instructions. © 2022 Greenfields Outdoor Fitness, Inc.

LU22x01x11
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most”.

SGR048AW
2-Person Accessible Chest Press
This item ships as one fully assembled unit.

Stopper Placement
Below Seat
24"
24"
Surface Level
Optional
Surfacing
Min Gap 1
2"
24"
24"
Use 7"
long 2x4
for proper
spacing Stopper Plate
must rest above
final surface level
65"
Finished product
U.S. Pat. No. 9,079,069 B1
Parts List:

Extension for In Ground
2x Stopper plates for under
seats
4x Pegs
1x Fully Assembled Unit
114
During installation, please be sure to also refer to the general installation instructions. © 2022 Greenfields Outdoor Fitness, Inc.

LU22x01x11
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most”.

SGR022
Pendulum, Abs, & Dip Station
This unit ships as 3 separately wrapped components.
24"
24" 20"
40"
Surface Level
Optional
Surfacing
24"
Ensure distance
between handlebars is equal on
both sides.
_
_
Tighten Screws fully
inside backrest and
on main post. 60°
Finished product
Parts List:
2x Extensions for In Ground
4x Pegs
115
19+ DIFFERENT EXERCISES
The APOLLO is designed with over
19 different exercises, offering a full
body workout.

With adjustability where needed
and our unique chin/dip assist
mechanism, the APOLLO
Multigym is suitable for users
of all fitness levels.

POPULAR PULLEY STATION
The APOLLO features the popular
HI-LO pulley station for a variety
of standing or seated exercises.

Our unique, tamperproof selectorized
weight stack allows users to
adjust weight between 10 and
100lbs. Locking safety features
also eliminate pinch points or
entrapment zones typically seen on
selectorized weight stack systems.

With a proven history of durability
and performance, the APOLLO is
becoming a favorite of correctional
facilities as well as busy outdoor
fitness park installations.
1-877-760-6337 ∙ [email protected] ∙ www.outdoor-fit.com The APOLLO Multigym takes the basics of indoor
commercial fitness equipment and delivers it to
the outside world in a tamperproof, durable, and
weatherproof package.

Compact, cost effective, and completely safe, the
APOLLO is designed for any fitness level or ability.

Real Fitness Equipment
for Real Results
5 SIMULTANEOUS USERS
The APOLLO helps you make
the most of your space, with up
to five people using the
equipment at once.

REAL RESULTS

REALEXERCISE
116

CHIN UP BAR
with assist function
The APOLLO is built to maximize indoor or outdoor
exercise areas, with over 19 exercises available:

Width: 73” / 185 cm
Length: 76” / 193 cm
Height: 85” / 216 cm
Weight: 1046 lbs / 475 kg
Weight Stack Weight:
100 lbs / 45 kg

TECHNICAL SPECIFICATIONS CAD DRAWING
Anchoring Requirements: 4 x concrete anchors with
rated “pull out” or “tension” strength of 3400lbs or
greater. Anchors must be secured into structural
concrete.

Frame & Finish: Constructed of 3/16” and ¼” heavy
duty steel that is zinc primed and polyester powder
coated with UV stabilized color pigment. All fasteners
are tamperproof stainless steel carriage bolts with
the locking nuts on the inside of the padlocked center
column.

Standard Color: Green Blue.

Custom colors available for an extra charge.

Shipping Weight: 1176 lbs / 534 kg
Shipping Dimensions: 48” wide x 72” long x 85” high /
122 cm wide x 183 cm long x 216 cm high
Number of Simultaneous Users: 5

ABDOMINAL VERTICAL
KNEE RAISE station

BACK EXTENSION BENCH
adjustable

CALF RAISE
station

LOW PULLEY STATION
• Bicep Curl
• Upright Shoulder Row
• Back Seated Row
• & more

DIP STATION
with assist function

HIGH PULLEY STATION
• Tricep Press Down
• Upper Back Pull Down
• & more

PLYO BOX
• Step Ups
• Elevated Knee Touches
• Seated Crunches
• Box Jumps
• Bulgarian Squat
• Incline Push Ups
• & many more
73”
76”
Contract # 010721-ODR
1-877-760-6337 ∙ [email protected] ∙ www.outdoor-fit.com

WATCH NOW

PRODUCT VIDEO

APOLLO MULTIGYM
117
Real Fitness Equipment
for Real Results

REAL EXERCISE VALUE
Continuously climbing stairs
is one of the most intense and
effective cardiovascular
workouts someone can do.

With the EVEREST, users of all
fitness levels will get an intense
and effective cardio workout.

CORRECT EXERCISE

BIOMECHANICS
Unlike many outdoor cardio fitness
machines, the EVEREST is designed
with proper exercise biomechanics
to ensure user safety and reduce the
risk of injury.

The EVEREST fits almost any user
ages 13+ with no adjustment
needed.

The EVEREST Cardio Climber is a
tamperproof and weatherproof
indoor/outdoor cardio fitness machine
that provides a biomechanically correct
cardio fitness workout.

The EVEREST Cardio Climber takes the basics
of indoor fitness equipment and delivers it to the
outside world in a tamperproof, durable
and weatherproof package.

Compact, cost effective and completely safe, the
EVEREST is designed for any fitness level or ability.
1-877-760-6337 ∙ [email protected] ∙ www.outdoor-fit.com

REAL RESULTS

REALEXERCISE

TWO EXERCISE MODES
The EVEREST Cardio Climber mimics
climbing a set of stairs in a
continuous motion and allows the
user to choose between strength
or cardio training based on foot
positioning.

The resistance and workout
intensity is determined by the
user’s cadence and stroke range.
118

WATCH NOW

PRODUCT VIDEO

EVEREST CARDIO CLIMBER
The EVEREST Cardio Climber is built to maximize
indoor or outdoor exercise areas.

Width: 30” / 77 cm
Length: 46” / 117 cm
Height: 70” / 178 cm
Weight: 280 lbs / 127 kg

Standard Color: Green Blue.

Custom colors available for an extra charge.

Shipping Weight: 320 lbs / 145 kg
Shipping Dimensions: 48” wide x 72” long x 24” high /
122 cm wide x 183 cm long x 61 cm high
30”
46”
Contract # 010721-ODR
1-877-760-6337 ∙ [email protected] ∙ www.outdoor-fit.com Targets: Glutes, Hamstrings, Cardio
Make sure entire foot is on each foot pad, maintaining heel contact Keep upright posture and use handgrips for support
Move foot pads in slow, controlled movement, maximizing stroke range without “banging” into top or bottom
Keep pads moving in a continuous “lunge” motion, focusing on keeping heel in contact with foot pad during stroke
Increase cadence as you feel comfortable to maximize exercise value Targets: Cardio, Calves, Hamstrings, Glutes
Place the ball and arch of foot on respective foot pad
Keep upright posture and use handgrips for support
Begin moving foot pads, keeping pressure on the balls of your feet This should feel as though you are running up a flight of stairs Increase cadence as you feel comfortable to maximize exercise value For best results, complete a HIIT workout
119

MAINTENANCE FREE
The HELIOS-NA is a durable,
compact, and real exercise
outdoor fitness multigym that
can withstand any climate or
environment. Unsupervised areas
such as public parks choose the
HELIOS-NA because of its easy
installation, zero maintenance
design and 15-year warranty.
11+ DIFFERENT EXERCISES
The HELIOS-NA is designed with
over 11 different exercises, offering
a full body workout.

With adjustability where needed,
and functional fitness stations like
our 16” plyo box, the HELIOS-NA is
suitable for users of all fitness levels
and abilities.

ABSOLUTELY NO MOVING
PARTS
The HELIOS-NA is built with
absolutely no moving parts. It
offers the same exercises and
features of our original HELIOS
multigym, without the assist
mechanism. In its place is a fixed
“assist lip” to still provide
assistance for chin ups and dips.

Introducing the HELIOS-NA.

Our original HELIOS Multigym, but
without moving parts, and over
11 different exercises!
The HELIOS-NA Multigym takes the basics of
indoor fitness equipment and delivers it to the
outside world in a tamperproof, weatherproof, and
durable package.

Compact, cost effective and completely safe with
no moving parts, the HELIOS-NA is designed for
any fitness level or ability.

Real Fitness Equipment
for Real Results
1-877-760-6337 ∙ [email protected] ∙ www.outdoor-fit.com

REAL RESULTS

REALEXERCISE
120
The HELIOS-NA is built to maximize indoor or outdoor exercise areas, with 11 exercises available:

Width: 80” / 204 cm
Length: 65” / 166 cm
Height: 85” / 216 cm
Weight: 620 lbs / 282 kg

Standard Color: Green Blue.

Custom colors available for an extra charge.

Shipping Weight: 718 lbs / 326 kg
Shipping Dimensions: 48” wide x 48” long x 85” high /
122 cm wide x 122 cm long x 216 cm high
Number of Simultaneous Users: 4

ABDOMINAL VERTICAL
KNEE RAISE station
BACK EXTENSION bench

DIP STATION

CHIN UP BAR

PLYO BOX
• Step Ups
• Elevated Knee Touches
• Seated Crunches
• Box Jumps
• Bulgarian Squat
• Incline Push Ups
& many more

CALF RAISE
station
80”
65”
Contract # 010721-ODR
1-877-760-6337 ∙ [email protected] ∙ www.outdoor-fit.com 121

SMALL FOOTPRINT
The VERSA helps you make the
most out of your space! Get a
full body workout even with the
VERSA’s footprint dimensions of
only 20” x 15”.

VARIETY OF MOVEMENT
The VERSA provides a full body
workout by allowing the user to
easily change the angle and level
of resistance in over 8 exercises.

This makes many different exercises
easy to set up and perform for a
variety of user abilities, including for
those using a wheelchair.

TRUSTED PULLEY STATION
The VERSA provides the popular HI-LO
pulley station for a variety of standing
and seated exercises. Our unique,
tamperproof selectorized weight stack
allows users to adjust weight between
10 and 100lbs. Locking safety features
also eliminate pinch points or
entrapment zones typically seen on
indoor selectorized weight stack
systems.

The VERSA brings our trusted HI-LO
pulley system into a stand-alone unit,
providing a flexible workout with over
8 exercises in a small footprint.

The VERSA HI-LO Pulley System is a tamperproof
and weatherproof indoor/outdoor fitness machine
featuring the Apollo’s popular HI-LO pulley station
that provides a biomechanically correct workout
in an extremely small footprint.

Real Fitness Equipment
for Real Results
1-877-760-6337 ∙ [email protected] ∙ www.outdoor-fit.com

REAL RESULTS

REALEXERCISE
122
The VERSA is built to maximize indoor or outdoor exercise areas.

Width: 15” / 38 cm
Length: 20” / 51 cm
Height: 90” / 229 cm
Weight: 482 lbs / 219 kg
Weight Stack Weight:
100 lbs / 45 kg

Standard Color: Green Blue.

Custom colors available for an extra charge.

Shipping Weight: 575 lbs / 261 kg
Shipping Dimensions: 30” wide x 80” long x 30” high
76 cm wide x 203 cm long x 76 cm high
Number of Simultaneous Users: 1

UPRIGHT SHOULDER ROW

LOW PULLEY STATION

BACK SEATED ROW

LOW PULLEY STATION

SINGLE ARM CHEST PRESS

HIGH PULLEY STATION

CABLE SQUATS

LOW PULLEY STATION

KNEELING CABLE CRUNCH

HIGH PULLEY STATION

TRICEP PRESS DOWN

HIGH PULLEY STATION

BICEP CURL

LOW PULLEY STATION

UPPER BACK PULL DOWN

HIGH PULLEY STATION
20”
15”
Contract # 010721-ODR
1-877-760-6337 ∙ [email protected] ∙ www.outdoor-fit.com 123

CITY COUNCIL AGENDA REPORT
DATE: September 14, 2022
TO: Honorable Mayor and City Council Members
FROM: Marc Tran, City Attorney
BY: Marc Tran, City Attorney
SUBJECT: CONSIDERATION AND POSSIBLE APPROVAL OF CITY MANAGER EMPLOYMENT

AGREEMENT WITH THE CITY
STAFF RECOMMENDATION:

Pending Closed Session Discussion and Deliberation, it is recommended that the City Council:

2. Authorize the Mayor to execute the City Manager Employment Agreement on behalf of the City.

BACKGROUND:

If it is the direction of the City Council to consider Open Session approval of the City Manager Employment Agreement, then the City Council should approve the same in the form of a written agreement to be made available for public inspection prior to the City Council taking action on the matter.

ATTACHMENTS:

Exhibit 1 - Draft City Manager Agreement
124

Page 1 of 15 ends

2022

CITY MANAGER EMPLOYMENT AGREEMENT
(Employee: Jessie Flores)
THIS 2022 CITY MANAGER EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into on this September 14, 2022 (“Effective Date”) by and between the CITY OF ADELANTO, a municipal corporation and general law city (“CITY”) and JESSIE FLORES, an individual (“EMPLOYEE”). For purposes of this Agreement, the capitalized term “Parties” shall be a collective reference to both CITY and EMPLOYEE. The capitalized term “Party” may refer to either CITY or EMPLOYEE interchangeably and reasonably appropriate.

RECITALS
THIS AGREEMENT is made and entered into in consideration of the following:

WHEREAS, CITY desires to continue to engage and employ EMPLOYEE to serve as the City Manager of the City of Adelanto as that position is generally described in Chapter 2.6 (City Manager) of Title 2 (Administration and Personnel) of the Adelanto Municipal Code (“City Manager”); and
WHEREAS, EMPLOYEE shall exercise the full powers and perform the duties of the position of City Manager as set forth in the Adelanto Municipal Code, the California Government Code, any Human Resources rules, any departmental and other rules, regulations and procedures, the City Manager job description (if any) and any provisions under state law, as each of them currently or may in the future exist. EMPLOYEE shall also exercise such other powers and authority and perform such other functions and duties as may legally be assigned from time to time by the City Council; and WHEREAS, the City Council finds that EMPLOYEE possesses the education, training, experience and expertise necessary to perform the duties of City Manager; and WHEREAS, EMPLOYEE desires to accept continued employment as City Manager subject to the consideration, terms and conditions set forth under this Agreement; and
WHEREAS, the City Council approved the continued appointment of EMPLOYEE as City Manager and the execution of this Agreement in open session at its Regular Meeting of September 14, 2022, as required by Government Code Section 53262, 54953(c)(3) and 54956(b).

NOW, THEREFORE, for and in consideration of the mutual agreements contained herein, CITY and EMPLOYEE agree as follows:

SECTION 1. POSITION, TERM, DUTIES

1.1 Employment as City Manager
This Agreement establishes the terms and conditions of employment of 125

Page 2 of 15 ends

EMPLOYEE as the City Manager of CITY.

1.2 Term of Employment
A. This Agreement shall have a term of five (5) years, commencing as of September 14, 2022 (“Term”).

B. Section 1.2.A., above, notwithstanding EMPLOYEE’s employment with CITY shall be at-will and EMPLOYEE shall at all times serve at the pleasure of and at the convenience of the Adelanto City Council (“City Council”). Nothing in Section 1.2.A., above, shall operate to prohibit, restrict or otherwise limit the City Council’s ability to immediately terminate this Agreement and EMPLOYEE’s employment (i) at any time for convenience and without cause; or (ii) at any time for cause.

C. This Agreement along with EMPLOYEE’s employment with the City may be terminated by EMPLOYEE at any time for convenience subject to the 45-day resignation notification requirement set forth under Section 3.2, of this Agreement, below.

D. The Parties are aware of the provisions of Section 2.06.100 of the Adelanto Municipal Code (“Section 2.06.100”) which provides in relevant part: “The City Manager's employment with the City is for no definite term or period of time, and the City Manager serves at the will and pleasure of the City Council. The City Manager's employment may be terminated at any time by a majority vote of the entire City Council without stating reasons or other cause or justification, without prior notice and without right of appeal or hearing. Notwithstanding the above provisions of this Section, the City Council may enter into a written agreement with a City Manager which contains terms of employment which may differ from the above provision of this Section, which have been approved by the City Council and signed by a duly authorized representative of the City Council.” The Parties acknowledge and agree that the aforementioned provisions under Section 2.06.100 are directory in nature and not mandatory. The foregoing notwithstanding, EMPLOYEE expressly, knowingly and intentionally waives any right to an indefinite term of employment with the CITY. As provided under Section 1.2.B, above, and Section 3, below, EMPLOYEE acknowledges, understands and agrees that his employment with the CITY is “at-will” and that the terms of this Agreement shall govern and control over Section

2.06.100 as to the duration of EMPLOYEE’s employment with the CITY; and the procedures for terminating EMPLOYEE’s employment with the CITY.

1.3 Duties and Responsibilities
A. EMPLOYEE shall perform the duties and functions of the City Manager as specified under the laws of the State of California, the Adelanto Code, the ordinances and resolutions of the CITY and this Agreement. EMPLOYEE shall also perform such other duties and functions as the City Council may assign from time to time.

B. EMPLOYEE shall serve as the City Manager and shall be vested with the powers, duties and responsibilities of the City Manager as set forth in Chapter 2.06 (City Manager) of Title 2 (Administration and Personnel) of the Adelanto Municipal Code, as the same may be amended or modified from time to time by the City Council.

EMPLOYEE’s performance of his duties shall be subject to the direction and oversight of 126

Page 3 of 15 ends

the City Council. It is the intent of the Parties that EMPLOYEE shall use all reasonable efforts to keep the City Council fully informed of all significant operations or major undertakings of the CITY. EMPLOYEE’s duties and responsibilities shall include, but are not limited to, the following:

1. Except as otherwise provided under the Adelanto Municipal Code, as the same may be amended or modified from time to time by the City Council, or this Agreement, EMPLOYEE shall serve as the CITY’s chief executive officer, subject to direction and control of the City Council. The City Manager shall be responsible for the efficient administration of all affairs of the CITY which are under his control.

2. EMPLOYEE shall perform all the duties of the City Manager as set forth in Section 2.06.060 of Chapter 2.06 (City Manager) of Title 2 (Administration and Personnel) of the Adelanto Municipal Code (the “Municipal Code”), the California Government Code, and CITY policies and procedures approved by the City Council, as may be provided from time to time. The City Manager shall also perform other legally permissible and proper duties and functions as the City Council may assign from time to time.

3. The City Council may also designate EMPLOYEE as the administrative head of other CITY-related legal entities. Such other legal entities could include financing authorities and joint powers authorities.

4. EMPLOYEE shall administer and enforce policies established by the City Council and promulgate written policies and procedures as necessary to implement such policies.

C. EMPLOYEE shall not engage in an employment, activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which materially interferes with, EMPLOYEE’s duties and responsibilities to the CITY nor shall EMPLOYEE have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties; would tend to impair independence of judgment or action in the performance of official duties; or which would otherwise constitute a violation of State or federal laws, including but not limited to the California Political Reform Act (Government Code Section 81000) and Government Code Section 1090. Subject to the foregoing prohibitions, the City Council, upon the written request of EMPLOYEE, may authorize EMPLOYEE to undertake outside employment provided that any such employment may not exceed more than ten (10) hours a month. City Council consent shall be made in writing and the City Council reserves the right to place additional conditions on such outside employment. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business, personal, or political associations. Further, EMPLOYEE shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the City of Adelanto (except for stock ownership in any company whose capital stock is publicly held and regularly traded) without prior approval of the City Council.
127

Page 4 of 15 ends

D. In the event that EMPLOYEE becomes mentally or physically incapable of performing the City Manager’s functions and duties with or without reasonable accommodation and it reasonably appears such incapacity will last for more than six (6) months, EMPLOYEE will be deemed to have resigned from EMPLOYEE’s position.

1.4 Hours of Work
A. The position of City Manager shall be deemed an exempt position under state and federal wage and hour laws. EMPLOYEE’s compensation (whether salary or benefits or other allowances) is not based on hours worked and EMPLOYEE shall not be entitled to any compensation for overtime.

B. EMPLOYEE shall be allowed reasonable flexibility in setting his own office hours, provided: (i) EMPLOYEE maintains a reasonably substantial on-site presence at City Hall during normal CITY business hours; (ii) EMPLOYEE is reasonably available to members of the City Council, CITY staff and members of the community on a regular and routine basis that generally conforms to the CITY’s normal business hours as the same may be amended from time to time by the City Council; and (iii) EMPLOYEE is reasonably available to participate in community events or other functions that may occur during nonbusiness hours as the City Council may from time-to-time request.

C. EMPLOYEE shall devote his full attention to CITY business. EMPLOYEE may engage in other acts for remuneration to the extent those activities do not interfere or constitute a conflict of interest with the performance of his duties as a City Manager.

1.5 Regional and Professional Activities
The City Council desires that EMPLOYEE be reasonably active in professional organizations that will promote the standing of the CITY and advance the CITY’s goals, interests and policy objectives while also providing EMPLOYEE with opportunities for the type of professional development that will enhance his ability to serve the CITY and perform his duties as City Manager. To this end, EMPLOYEE may, upon reasonable notice and approval by the City Council, join professional organizations and participate in the activities of such organization insofar as such participation promotes the interests of the CITY and does not unduly interfere with the performance of EMPLOYEE’s duties as City Manager. These activities may include, without limitation, participation in the California Contract Cities Association, California League of Cities, Independent City Association, City Management Foundation or other similar national, statewide, regional or professional organizations provided that such activities do not in any way interfere with or adversely affect EMPLOYEE’s performance as City Manager. Subject to funding availability as determined by the City Council in its sole and absolute discretion, CITY may pay for the dues and subscriptions of the City Manager necessary for his participation in national, statewide, regional or professional organizations.

1.6 Residence
EMPLOYEE shall not be required to reside within the territorial boundaries of the CITY. The foregoing notwithstanding, EMPLOYEE shall reside within a reasonable 128

Page 5 of 15 ends

distance to the CITY so as to permit EMPLOYEE to travel to the CITY within a reasonable time in the event of CITY emergencies.

1.7 Conflicts of Interest
EMPLOYEE shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the CITY, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the City Council. EMPLOYEE shall further refrain from developing a financial stake in any commercial venture or partnership with any entity doing business with the CITY where such financial stake would create a violation of Government Code Section 1090.

For and during the term of this Agreement and any extension term, EMPLOYEE further agrees that except for a personal residence or residential property acquired or held for future use as his personal residence, EMPLOYEE will not invest in any other real estate or property improvements within the corporate limits of the CITY without the prior consent of the City Council and subject to the restrictions of all applicable financial conflict of interest laws.

1.8 ICMA Code of Ethics
A. EMPLOYEE agrees to become a member of the International City/County Management Association (“ICMA”). The Parties mutually desire that EMPLOYEE shall comply with the latest draft of the ICMA Code of Ethics, provided such compliance is not inconsistent with or contrary to the laws of the State of California or the Adelanto Municipal Code.

B. CITY and the City Council agree that neither the City Council nor any of its members will give EMPLOYEE any order, direction, or request that would require EMPLOYEE to violate the ICMA Code of Ethics, unless such direction or request is authorized by the laws of the State of California or the Adelanto Municipal Code.

1.9 Performance Evaluation
A. Performance evaluations are an important way for the City Council and EMPLOYEE to ensure effective communications about City Council expectations and EMPLOYEE’s performance. The City Council reserves the right to conduct a general job performance evaluation and review of EMPLOYEE once each fiscal year, which review shall be completed no later than May 31st of each fiscal year but commenced no sooner than March 1st of the same year.

B. In conducting the evaluation and review the Parties may, but shall not be required to, use the services of a professional consultant selected by the City Council.

The job performance evaluation and review shall serve the following purposes and objectives: (i) to evaluate EMPLOYEE’s overall job performance over the course of the fiscal year; (ii) to identify areas of notable progress and/or accomplishment and identify ways to sustain and/or improve upon such progress and/or accomplishments; (iii) to identify areas requiring improvement and how such improvement might be accomplished; (iv) to measure EMPLOYEE’s success in meeting, achieving and/or exceeding City 129

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Council-defined, goals, objectives, priorities, activities and programs over the fiscal year or since the last performance evaluation and review; (v) to establish goals, objectives, and priorities for the upcoming year; (vi) to determine, what if any, adjustments or enhancement should be considered and approved to EMPLOYEE’s compensation terms.

C. The failure of CITY to undertake a performance evaluation shall not limit CITY’s ability to terminate this Agreement pursuant to Section 3, below. Nothing in this Section shall be construed to restrict or otherwise limit CITY’s ability to undertake any other review or investigation of EMPLOYEE during the course of a fiscal year which the City Council may deem necessary to address any allegation of unlawful or inappropriate conduct or other wrongdoing.

SECTION 2. BASE COMPENSATION; BENEFITS AND REIMBURSEMENTS

2.1 Base Salary
A. CITY shall pay EMPLOYEE an annual base salary of Two Hundred Twenty-Five Thousand Dollars ($225,000) per year (hereinafter, the “Base Salary”), subject to deductions for taxes, deferred compensation and other out-of-pocket benefits paid for by EMPLOYEE as a CITY executive management employee. CITY shall pay EMPLOYEE in bi-weekly installments at the same time other employees of CITY.

B. Commencing on September 14, 2023, and each year thereafter during the Term of this Agreement, EMPLOYEE shall be entitled to the same increase provided to other Department Heads (executive management). If the Department Heads (executive management) do not receive a percentage increase, then the Base Salary shall remain unchanged.

2.2 Retirement Benefits
(i) EMPLOYEE shall receive retirement benefits through the California Public Employees Retirement System (CalPERS) at the Third Tier, “New” member formula of two percent (2%) at 62, final 36-month average compensation retirement calculation; and (ii) EMPLOYEE shall pay, pre-tax payroll deduction, the full employee contribution of fifty percent (50%) of the total normal cost. EMPLOYEE shall receive such other retirement benefits as may be provided to Second Tier “Classic” members.

2.3 Annual Leave Benefits
A. EMPLOYEE shall be entitled to the same leave benefits provided to other Department Head Classification employees in accordance with CITY’s current practices as such practices may be amended or modified from time to time by CITY by action of the City Council. This shall include all vacation, administrative, sick, and other leave benefits afforded to other Department Head Classification employees.

B. Except as otherwise provided under Government Code Section 53243 or other applicable law, upon voluntary or involuntary separation from the CITY, EMPLOYEE may cash-out the unused balance of his total accrued Annual Leave. The cash out shall be in an amount equal to the total number of unused annual leave hours multiplied by the 130

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quotient of EMPLOYEE’s annual base salary at the time of separation divided by eight thousand seven hundred and sixty (8,760) hours.

2.4 Holidays
EMPLOYEE shall receive paid holidays in accordance with CITY’s current practices as such practices may be amended or modified from time to time by the CITY by action of the City Council. Paid holidays will be those approved by CITY by action of the City Council.

2.5 Medical, Dental and Vision Insurance
EMPLOYEE shall be entitled to the same medical, dental and vision insurance benefits provided to other Department Heads (executive management) in accordance with CITY’s current practices and as such practices may be amended or modified from time to time by CITY by action of the City Council.

2.6 [LEFT INTENTIONALLY BLANK]

2.7 Automobile Allowance
EMPLOYEE's duties under this Agreement require that he have use of an automobile in the normal course of conducting City's business. CITY shall therefore provide EMPLOYEE a bi-weekly automobile allowance of Two Hundred Twenty-Five Dollars ($225) (hereinafter, the “Car Allowance”). The foregoing notwithstanding, CITY reserves the right to adjust, suspend, terminate or otherwise modify the amount of the Car Allowance in CITY’s sole and absolute discretion for budgetary or other policy-related considerations. EMPLOYEE shall be responsible for maintaining and paying for liability insurance as required by state law and for all of his automobile's operating, maintenance and repair costs at all times during the term of this Agreement.

2.8 Cellular Phone Allowance; Other Necessary and Customary Business Equipment and Facilities; Special Electronic Equipment
A. CITY shall provide EMPLOYEE with a City-owned/City-issued cellular phone to be used for conducting CITY-related business.

B. The CITY shall provide EMPLOYEE with other customary and necessary equipment and facilities reasonably required for EMPLOYEE to perform his duties and functions as City Manager such as an office within City Hall, a landline telephone in the City Hall office, a desktop computer, business cards, business stationary and the like. All such equipment and facilities made available to EMPLOYEE shall at all times remain the property of the CITY and EMPLOYEE acknowledges, understands and agrees that he shall have no right of privacy to such equipment or any data or information stored in such equipment or facilities.

C. The City Council reserves the right but does not assume the obligation to provide EMPLOYEE at CITY’s expense, special electronic communications equipment such as an iPad. All such equipment and facilities made available to EMPLOYEE shall 131

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at all times remain the property of the CITY, and EMPLOYEE acknowledges, understands and agrees that he shall have no right of privacy to such equipment or any data or information stored in such equipment or facilities.

2.9 Reimbursement for Expenses Not Covered by Allowances CITY shall reimburse EMPLOYEE for reasonable and necessary travel, subsistence and other business expenses incurred by EMPLOYEE in the performance of his duties or in connection with EMPLOYEE’s participation in those authorized activities referenced under Section 1.3, above. All reimbursements shall be subject to and in accordance with any limitations or restrictions set forth under the laws of the State of California and any CITY-adopted reimbursement policies as either may be adopted, updated or otherwise amended from time to time.

2.10 Jury Duty
EMPLOYEE will receive full pay and benefits while responding to a jury summons or serving on a jury. Any compensation for such jury duty (except travel pay) shall be remitted to CITY.

2.11 Other Benefits
Except as otherwise set forth in this Agreement, and in addition to the benefits specified herein, EMPLOYEE shall receive any and all other benefits granted to all City Department Heads and Executive Management under Resolution No. 22-44 as the same may be modified, amended or repealed from time to time by the City Council.

SECTION 3. EMPLOYMENT “AT-WILL”; SEPARATION FROM EMPLOYMENT

3.1 Employment with CITY is “at-will”
A. EMPLOYEE’s employment status with CITY shall be at-will and EMPLOYEE shall serve at the pleasure of the City Council as provided under Government Code Section 36506 and Section 2.06.100 (City Manager) of Title 2 (Administration and Personnel) of the Adelanto Municipal Code. CITY, through the City Council, may at any time terminate EMPLOYEE’s employment with the CITY with or without cause by majority vote of its full membership (i.e., by no less than three affirmative votes). EMPLOYEE acknowledges, understands and agrees that EMPLOYEE may not avail himself of any procedures, provisions or protections set forth under the CITY’s Employment Policies, as defined herein, insofar as such procedures, provisions or protections limit, restrict, modify, prohibit or regulate EMPLOYEE’s status as an “at-will” employee of CITY or the ability of the City Council to terminate EMPLOYEE’s employment at any time for cause or for convenience. For purposes of this Agreement, the capitalized term “Employment Policies” means and refers to any ordinance, resolution, regulation, rule or other written policy of the CITY as the same may be amended, modified or supplemented from time to time (including but not limited to the Adelanto Municipal Code and any written employment manual of the CITY) which governs, regulates or otherwise relates to employment with the CITY. The CITY’s Employment Policies shall not apply to EMPLOYEE insofar as such Employment Policies limit, restrict, modify or regulate (or 132

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may be interpreted to limit, restrict, modify or regulate) EMPLOYEE’s status as an “atwill” employee of CITY.

B. Except as otherwise provided under this Section 3, EMPLOYEE shall not be entitled to any pre-termination hearing or other similar proceeding or appeal proceeding as a precondition to any decision or action by the City Council to terminate EMPLOYEE’s employment whether for cause or for convenience.

C. Nothing in this Agreement shall confer upon EMPLOYEE any right to any property interest in continued employment with the CITY.

3.2 Resignation/Retirement
A. EMPLOYEE may resign and/or retire from his employment with the CITY at any time for any reason, provided EMPLOYEE provides the City Council with written notice of his intent to so terminate his employment at least forty-five (45) calendar days prior to the effective date of separation.

B. The City Council in its sole and absolute discretion may waive or shorten the 45-day prior written notice requirement provided the request for such waiver is made in writing by EMPLOYEE and further provided that the City Council’s waiver of the notice requirement is also made in writing.

C. The failure of EMPLOYEE to provide the prior written notice required under this Section shall constitute a material breach of this Agreement.

3.3 Separation for Convenience and Without Cause; Severance A. In the event EMPLOYEE is terminated for convenience and without cause by the City Council prior to the expiration of the Term of this Agreement and while EMPLOYEE is willing and able to perform the City Manager’s duties under this Agreement, the CITY shall pay EMPLOYEE severance pay of a lump sum cash payment equal to the lesser of the following: (i) the cash value of six (6) months of Base Salary then in effect; or (ii) the prorated cash value of one (1) month of EMPLOYEE’s annual Base Salary then in effect multiplied by the number of months (or portion thereof) remaining.

B. Notwithstanding any other provision or the term of this Agreement, the maximum severance that EMPLOYEE may receive under this Agreement as a result of termination shall not exceed the limitations provided in Government Code Section 53260- 53264. In addition, in the event EMPLOYEE is convicted of a crime involving an abuse of office or position, EMPLOYEE shall reimburse the CITY for any paid leave or cash settlement (including separation benefits or severance, if applicable), to the extent as provided by Government Code Sections 53243-53243.4.

C. CITY shall extend to EMPLOYEE the right to continued health insurance as may be required by and pursuant to terms and conditions of this Consolidated Omnibus Reconciliation Act of 1986 (“COBRA”). The CITY agrees to reimburse EMPLOYEE for COBRA coverage at the same benefit level (i.e., employee only, employee +1, or family) 133

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as was provided as of the date of separation for the same number of months for which EMPLOYEE is entitled to a lump sum cash payment under Section 3.3(A), or until EMPLOYEE either secures and begins full-time employment or obtains other health insurance, whichever of these three events first occurs. EMPLOYEE shall notify the CITY within five (5) calendar days of securing new full-time employment or insurance.

D. The foregoing notwithstanding, CITY shall not exercise its right to terminate EMPLOYEE for convenience and without cause during or within any period of ninety (90) consecutive calendar days immediately following any General Municipal Election of the CITY in which two or more City Council seats are subject to an election contest or during the ninety (90) calendar day period immediately preceding or the ninety (90) calendar day period immediately following any Special Municipal Election of the CITY in which two or more City Council seats are subject to an election contest.

3.4 Separation for Cause
A. Notwithstanding the provisions of Section 3.3, above, EMPLOYEE may be terminated for cause. As used in this Section, “cause” shall mean any one or more of the following:
(i) Any Breach of this Agreement;
(ii) Conviction (including a plea of no contest) of a felony or any misdemeanor under the Political Reform Act (Government Code Section 81000 et seq.) or Government Code Section 1090; (iii) Conviction (including a plea of no contest) of any offense constituting an “abuse of office or position” within the meaning of Government Code Section 53243.4;
(iv) Conviction (including a plea of no contest) of a misdemeanor involving a crime of moral turpitude or felony under California law, including but not limited to any conviction under Penal Code Section 424;
(v) Continued abuse of non-prescription drugs or alcohol that materially affects the performance of EMPLOYEE’s duties;
(vi) Repeated and protracted unexcused absences from EMPLOYEE’s office and duties;
(vii) Résumé fraud;
(viii) A finding by judicial proceeding that legally prohibited personal acts of sexual harassment against a CITY official or employee or legally prohibited personal acts of discrimination against a CITY official or employee have occurred;
(ix) A pattern of repeated, willful and intentional failure to carry out 134

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materially significant and legally constituted policy decisions of the City Council made by the City Council as a body, or persistent willful violation of properly established rules and procedures; and (x) Any other action or inaction of EMPLOYEE that materially and substantially impedes or disrupts the performance of CITY or its organizational units or is detrimental to employee safety or public safety.

The City Council, in its sole and absolute discretion, may place the EMPLOYEE on administrative leave with pay until resolution of allegations or charges, including but not limited to criminal charges, brought against EMPLOYEE, or until a final judicial or administrative decision finding legally prohibited personal acts of sexual harassment against a CITY official or employee or legally prohibited personal acts of discrimination against a CITY official or employee. Prior to terminating this Agreement pursuant to this Section, the City Council shall give EMPLOYEE at least ten (10) calendar days prior written notice of the charges. Within the ten-day period, but not earlier than five (5) calendar days after the notice has been given, the City Council shall meet with EMPLOYEE in closed session and give EMPLOYEE an opportunity to address the City Council regarding the charges. EMPLOYEE may have a representative at the closed session with the City Council. After hearing EMPLOYEE’s response to the charges, the City Council shall make a decision as to whether to terminate this Agreement and shall inform EMPLOYEE in writing of its decision. Other than as provided in this subsection, EMPLOYEE expressly waives any other form of hearing or appeal of the City Council’s decision. Nothing in this subsection creates a property right in employment.

Notwithstanding anything contained in this subsection, EMPLOYEE remains an at will employee serving at the pleasure of the City Council. The initiation of termination proceedings for cause shall not operate to prohibit or otherwise restrict the City Council from exercising its right to terminate EMPLOYEE without cause as provided under Section 3.3 of this Agreement.

B. In the event the CITY terminates EMPLOYEE for cause, then the CITY may terminate this Agreement immediately, and EMPLOYEE shall be entitled to only the compensation accrued up to the date of termination, payments required under Sections 2 and subsection 3.5 and such other termination benefits and payments as may be required by law. In the event of termination for cause, the City Manager shall not be entitled to any severance provided for under subsection 3.3, above. The foregoing notwithstanding, CITY may deduct from such payments any reimbursement sums it is owed pursuant to Government Code Sections 53243 through 53243.4.

3.5 Return of City Equipment
EMPLOYEE agrees that all property, including without limitation, all equipment, tangible, Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment are the property of CITY and shall be returned promptly to CITY upon termination of EMPLOYEE’s employment. EMPLOYEE’s obligations under this subsection shall survive the termination of his employment and the expiration or early termination of this Agreement.
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SECTION 4. GENERAL PROVISIONS

4.1 Proprietary Information
“Proprietary Information” means all information and any idea pertaining in any manner to the business of the City Council, the CITY or the CITY’s various, departments, divisions, committees and commissions, which was produced by EMPLOYEE in the course of his employment or otherwise produced to or acquired by EMPLOYEE in the course of his employment with the CITY. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts and customer lists. All Proprietary Information not generally known outside of CITY’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information”. During his employment by CITY, EMPLOYEE shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this Agreement.

Following termination, EMPLOYEE shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. EMPLOYEE’s obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.

4.2 Notices
All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and or at the last known address maintained in EMPLOYEE’s personnel file. EMPLOYEE agrees to notify CITY in writing of any change in his address during his employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.

CITY’s Notice Address:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Mayor and City Council
City Manager’s Address:

Deliver to last updated address in personnel file

4.3 Indemnification
A. CITY shall defend, hold harmless and indemnify EMPLOYEE against any claim, demand, judgment or action of any type or kind arising within the course and scope of EMPLOYEE’s employment to the extent required by Government Code Sections 825 and 995 and Section 703 of the City Charter.
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B. Subsection (A) of this Section notwithstanding, CITY reserves all rights (including all rights to monetary reimbursement) afforded under Government Code Sections 53243, 53243.1, 53243.2, 53243.3 and 53243.4 and nothing in this Agreement shall be operate or otherwise be construed to place any restriction upon CITY in exercising and/or enforcing such rights under the foregoing Government Code Sections.

In the event EMPLOYEE is convicted of an offense constituting an abuse of office or position, EMPLOYEE shall reimburse CITY for any sums expended investigating and/or defending such wrongdoing as provided under Government Code Section 53243, 53243.1 and 53243.3. For purposes of this Agreement, the phrase “abuse of office or position” shall have the same meaning as set forth under Government Code Section 53243.4

4.4 Entire Agreement
This Agreement is intended to be the final, complete, and exclusive statement of the terms of EMPLOYEE’s employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of EMPLOYEE, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements.

To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to EMPLOYEE and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.

4.5 Amendments
This Agreement may not be altered, modified, or amended except in a written document signed by EMPLOYEE, approved by the City Council and signed by Mayor.

4.6 Waiver
Failure to exercise any right under this Agreement shall not constitute a waiver of such right.

4.7 Assignment
EMPLOYEE shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to EMPLOYEE, assign its rights and obligations hereunder.

4.8 Severability
If any court of competent jurisdiction holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

4.9 Attorney’s Fees
In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable 137

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attorneys’ fees and costs.

4.10 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue property only in Los Angeles County, State of California.

4.11 Interpretation
This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement.

Each party waives their future right to claim, contest, or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.

4.12 Acknowledgment
EMPLOYEE acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.

4.13 Counterparts
The Parties agree that this Agreement may be executed in multiple originals including multiple counterparts, and that each of the counterparts to any original taken together shall constitute one valid and binding agreement between the Parties. 138

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IN WITNESS, WHEREOF, CITY has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and EMPLOYEE has signed and executed this Agreement, as of the date first indicated above.

CITY OF ADELANTO
By: _____________________________
Gabriel Reyes, Mayor
Date: _________________, 2022
APPROVED AS TO FORM:

By: ______________________________
Marc Tran, City Attorney

EMPLOYEE
By: ______________________________
Jessie Flores, an individual
Date: _________________, 2022
ATTEST:

By: ______________________________
Brenda Lopez, City Clerk
Date: ____________________________
139

CITY COUNCIL AGENDA REPORT
DATE: September 14, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Marc Tran, City Attorney
SUBJECT: Recommend Approval of Resolution of Necessity Authorizing Condemnation of Easement Required for the Baldy Mesa Project Site
STAFF RECOMMENDATION:

Staff recommends the City Council approve the Resolution of Necessity (Attachment A) to acquire a 53-footwide easement adjacent to an existing City right-of-way over vacant property located at the northwest corner of Bartlett Avenue and Verbena Road in the City of Adelanto (APN 0459-132-30) and authorize the City Attorney to prepare a complaint in eminent domain, commence condemnation proceedings in the San Bernardino Superior Court, and take all necessary associated actions.

BACKGROUND:

On November 10, 2020 following a recommendation by the Planning Commission, the City Council approved the Baldy Mesa Solar Project (“Project”), which allows the applicant, Baldy Mesa Solar, LLC (a subsidiary of AES Clean Energy Development, LLC), to construct and operate a 200-megawatt (MWAC) maximum capacity solar generating and energy storage facility on approximately 1,066 acres. The Project was approved by City Council Resolutions 20-64, 20-65, Ordinance 618, and Ordinance 620. The Project’s battery electrical storage system will be able to store up to approximately 100 MWAC. The City prepared a Mitigated Negative Declaration (“MND”) (State Clearinghouse No. 2020090176) for the Project pursuant to the California Environmental Quality Act (“CEQA”), which was also approved by the City Council on November 10, 2020, by Resolution 20-64. The MND actually analyzed the impacts on the environment of developing an even larger footprint (1,197 acres) and concluded that all of the Project’s potential impacts would be less than significant.

The Project serves an important public purpose by generating renewable electricity, consistent with mandates enacted by the California legislature requiring that 50% of all electricity in the state be generated from renewable sources by 2030, which may increase to 90% by 2035 and 95% by 2040, if the currently pending SB 1020 is signed into law as expected. The Project also likely replaces “dirtier” potential power plants that would be necessary to generate electricity for the City and beyond with a clean operating Project, also benefitting the City’s residents by reducing associated impacts on air quality and the environment in general.

A critical component of the Project are a generation-tie (“gen-tie”) transmission line and communication lines to deliver the power generated by the Project to electricity providers (i.e., Southern California Edison) and thereby, customers. The gen-tie facilities generally consist of above-ground lines and overhead poles/wires, and the City has granted the applicant encroachment permits to utilize the City’s right-of-way, when available. A number of different alternatives for alignment of the gen-tie lines were considered and analyzed during the processing of the Project, including in the MND. When approving the Project, the City 140
recognized that, if it did not own sufficient right-of-way in certain locations, the City would need to acquire private property for the gen-tie lines, by either voluntary sale, and—if not successful—eminent domain.

The City and the applicant have attempted to negotiate a voluntary purchase a 53-foot-wide easement (“Easement”) directly adjacent to the City’s existing right-of-way over approximately 0.8 acres (34,874 square feet) of vacant property located at the northwest corner of Bartlett Avenue and Verbena Road (APN 0459-132-30) (the “Property”), which is urgently needed for the gen-tie lines that will service the Project.

The City, pursuant to California Government Code section 7267.2, obtained an appraisal of the Easement and on July 12, 2022 made a written offer to the owners of the Property for the full amount set forth in the appraisal ($40,100). While the actual contact was made with representatives of the Property owners, negotiations were ultimately unsuccessful, in part due to difficulties relating to the Property owners residing out of the country. In addition, the City has given statutorily required written notice by first class mail, at least fifteen (15) days prior to the date of the September 14, 2022 hearing on the resolution of intent, to the owners, of a right to appear and to be heard on the matters referred to in Code of Civil Procedure section 1240.030 (Attachment B).

Thus, City staff recommends that the City Council adopt the proposed Resolution of Necessity (Attachment A to authorize the City Attorney’s office to commence eminent domain proceedings to acquire the Easement and add it to the City’s right-of-way for use as part of the Project. The applicant has been reimbursing and shall continue to reimburse the City for all costs associated in doing so, including the ultimate acquisition price of the Easement.

The benefits of the Project discussed above and in the Resolution of Necessity clearly outweigh any hardship on the owner of the Property, which is vacant and entirely unimproved, and the Easement consists only of a 53-foot strip of land adjacent to the existing public right-of-way. The proposed condemnation and Project is unlikely to materially impact the Property owner’s ability to develop the Property in the future, if desired.

Thus, the Project is planned, and the Easement is located, in a manner that will be most compatible with the greatest public good and the least private injury.

All the potential impacts on the environment caused by the adoption of the Resolution of Necessity and the condemnation of the Easement on the Property were fully analyzed in the MND, and thus no further CEQA review is required, pursuant to CEQA Guidelines section 15162 and Public Resources Code section 21166.

FISCAL IMPACT:

None. The City is being reimbursed for all costs, per the fully executed reimbursement agreement.

ATTACHMENTS:

A. Resolution of Necessity
B. Written Notice of Intent to Adopt Resolution of Necessity 141
Attachment A
Resolution of Necessity
142
Attachment B
Written Notice of Intent to Adopt Resolution of Necessity 143
RESOLUTION NO. 22-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ADELANTO FINDING AND DETERMINING THE

PUBLIC INTEREST AND NECESSITY FOR ACQUIRING

AND AUTHORIZING THE CONDEMNATION OF A

PORTION OF CERTAIN VACANT REAL PROPERTY

LOCATED AT THE NORTHWEST CORNER OF
BARTLETT AVENUE AND VERBENA ROAD (APN 0459-
132-30) FOR THE PURPOSES OF CONSTRUCTING AND

MAINTAINING ELECTRICITY TRANSMISSION LINES

FOR A SOLAR FACILITY
WHEREAS, the City of Adelanto (“City”) has been investigating the potential acquisition of an easement (“Easement”) over a portion of certain unimproved, vacant real property located at the northwest corner of Bartlett Avenue and Verbena Road in the City (APN 0459-132-30) (“Property”), for the purposes of installing and maintaining above ground transmission lines (also referred to as a “gen-tie” lines), potentially including overhead power poles and wires, necessary for the operation of the Baldy Mesa Solar Project (the “Project”) because they connect the Project to a substation; and
WHEREAS, on November 10, 2020, the City Council approved the Project by approving/adopting City Council Resolution 20-64, Resolution 20-65, Ordinance 618, and Ordinance 620, authorizing the construction and operation of a 200-megawatt (MWAC) maximum AC power capacity solar generating and energy storage facility on approximately 1,066 acres in the City, including the construction and maintenance of gen-tie and communication lines in the public right-of-way and potentially over additional private property to be acquired by the City; and
WHEREAS, the Project serves an important public purpose of generating renewable electricity, consistent with mandates enacted by the California legislature requiring that 50% of all electricity in the state be generated from renewable sources by 2030. The Project would have a generating capacity of up to 200 MWAC and a battery electrical storage system that would store approximately 75 MWAC; and
WHEREAS, the proposed Easement consist of a 53-foot-wide public easement over approximately 0.8 acres (34,874 square feet) of the Property, as described in more detail in the proposed Grant of Easement to the City, attached as Exhibit “1”, which contains a legal description of the Easement area attached thereto as Exhibit “A”; and WHEREAS, pursuant to California Government Code section 7267.2, the City has obtained an appraisal of the Property to be acquired and has made a written offer to the owner for the full amount set forth in the appraisal; and
WHEREAS, the City has been negotiating with the owner in an attempt to reach a negotiated acquisition of the public right-of-way easements proposed, but to date, those negotiations have not proven successful; and
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WHEREAS, the City has given written Notice of Intent to Adopt a Resolution of Necessity For Acquisition of Certain Real Property Located at Northwest Corner of Bartlett Avenue & Verbena Road, Adelanto, CA by first class mail at least fifteen (15) days prior to the date of this resolution to the owner whose property is to be acquired by eminent domain (a copy of which is attached hereto as Exhibit “2”); and
WHEREAS, the City’s notice to those persons sets forth the intent of the City to adopt a Resolution of Necessity for acquisition by eminent domain of the Property, and further provides that such persons shall have a right to appear and to be heard on the matters referred to in Code of Civil Procedure section 1240.030, and further provides that failure of such persons to file a written notice of intent to appear and to be heard within fifteen (15) days following the date of mailing of the City’s notice shall result in a waiver of such right, and further contained all of the other matters required by Code of Civil Procedure section 1245.235; and WHEREAS, the City Council of the City of Adelanto held a hearing on September 14, 2022, for the purposes of allowing the record owner of the Property reasonable opportunity to appear and be heard regarding the City’s condemnation of the Easement, identification of the “Project,” and on the following matters:

A. Whether the public interest and necessity require the proposed condemnation and the Project;
B. Whether the proposed condemnation and the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury;
C. Whether the Property proposed to be acquired is necessary for the Project; D. Whether the offer required by Government Code section 7267.2 had been given to the owners of record;
E. Whether the City has met all other procedural requirements for the exercise of eminent domain; and
F. Whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property, including review under the California Environmental Quality Act (“CEQA”); and WHEREAS, all of the Project’s potential impacts on the environment, for which the Easement over the Property must be acquired, were analyzed in a Mitigated Negative Declaration (“MND”) (State Clearinghouse No. 2020090176), which was circulated for public review and ultimately approved along with the Project entitlements by the City Council of the City of Adelanto on November 10, 2020, through its approval of Resolution 20-64, and WHEREAS, all the potential impacts on the environment by the adoption of this Resolution and the condemnation of the Easement on the Property were fully analyzed in the MND, and thus no further CEQA review is required, pursuant to CEQA Guidelines section 15162 and Public Resources Code section 21166; and
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WHEREAS, the City is hereby authorized and empowered to acquire fee title in and to the Property by eminent domain for the proposed Project in accordance with Code of Civil Procedure section 1230.010 et seq., Government Code sections 37350.5 and 40404, the Constitution of California, and California Eminent Domain Law.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Adelanto, California, that the City Council does hereby find, determine, and declare upon evidence presented to the City Council as follows:

SECTION 1. The above recitals are true and correct and incorporated herein.

SECTION 2. The public interest and necessity require the Project, and the acquisition of the Easement over the Property for the Project, because the Project will generate necessary renewable electricity, consistent with mandates enacted by the California legislature requiring that 50% of all electricity in the state be generated from renewable sources by 2030. In particular, the Project would have a generating capacity of up to 200 MWAC, and a battery electrical storage system that would store up to approximately 100 MWAC. Aside from being necessary to comply with state law mandates to generate electricity from renewable sources, the Project provides an important public benefit, and is in the public interest, by generating electricity from a clean, renewable source, and then storing and providing that electricity to the citizens of the City and beyond, lessening the demand for “dirty” sources of electricity that, if the Project was not approved, may need to be built in or nearby the City, and would contribute to pollution in the area. These benefits clearly outweigh any hardship on the owner of the Property, which is vacant and entirely unimproved, and the Easement consists only of a 53-foot strip of land adjacent to the existing public right-of-way, and the proposed condemnation and Project does not materially impact the Property owner’s ability to develop the Property in the future, if desired.

SECTION 3. The City is authorized to acquire the Property, including the improvements thereon for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure section 1230.010 et seq. and pursuant to Government Code sections 37350.5 and 40404.

SECTION 4. The Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury, in that the Property is completely vacant and unoccupied, and the Easement consists only of a 53-foot strip of land adjacent to the existing public right-of-way, and the proposed condemnation and Project does not materially impact the Property owner’s ability to develop the Property in the future, if desired, and the acquisition of the Easement makes the Project and its above-referenced public benefits possible.

SECTION 5. The Property is necessary for the Project because the Project cannot effectively operate without a gen-tie line and communication lines to deliver the power generated by the Project to electricity providers and customers. Without such lines and the Easement over the Property to construct and maintain the same, the Project would have no purpose, as the renewable solar electricity generated thereby could not be effectively delivered to end users/customers.
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SECTION 6. If and to the extent any portion of the Property is already devoted to a public use, the Project is a more necessary public use pursuant to California Code of Civil Procedure sections 1240.610 et seq.

SECTION 7. The written offer required by Government Code section 7267.2(a), together with the accompanying statement of, and summary of the basis for, the amount established as just compensation, was made to the owner or owners of record, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures provided by Government Code section 7267.2(a).

SECTION 8. The environmental impacts associated with the Project and the proposed acquisition of the Easement have been adequately reviewed under CEQA, because all of the potential impacts on the environment caused by the Project were analyzed in the MND (State Clearinghouse No. 2020090176) approved by the City Council of the City of Adelanto on November 10, 2020, including all potential impacts on the environment relating to the condemnation and acquisition of the Easement and proposed construction and operation of the gen-tie lines thereon. (See, City Council Resolution 20-64.) Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162, no further environmental review is required or authorized by law.

SECTION 9. The City is hereby authorized and empowered, and herby declares its intent, to acquire an Easement over, above, through, and under the Property by eminent domain for the Project in accordance with the applicable provisions of the Code of Civil Procedure, Government Code sections 37350.5 and 40404, and the Constitution of California relating to eminent domain, consistent with the proposed Grant of Easement attached hereto as Exhibit “1.” SECTION 10. On October 21, 2020, in connection with recommending approval of the Project, the Planning Commission of the City of Adelanto determined that the Project resulting in the required acquisition of the Property is consistent with the City’s General Plan, as amended as to location, for the purpose and extent necessary to facilitate the implementation of the General Plan pursuant to Government Code section 65402, as confirmed by the City Council via Resolution on November 10, 2020.

SECTION 11. The law firm of Olivarez Madruga Law Organization, LLP, as the City’s Counsel, is hereby authorized to prepare and prosecute in the name of the City such proceeding or proceedings in the court having jurisdiction thereof as are necessary for such acquisition; and to prepare and file such pleadings, documents, and other instruments and to make such arguments and generally to take such action as may be necessary in the opinion of said attorneys to acquire for the City the Property, including the improvements thereon. Said attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the eminent domain law of the State of California.
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PASSED, APPROVED AND ADOPTED this 14th day of September, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
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THE FOREGOING RESOLUTION WAS CONSIDERED, PASSED, AND APPROVED this 14th day of September, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Brenda Lopez, City Clerk
149
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EXHIBIT 1
Grant of Easement with Legal Description of the Subject Property 150
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EXHIBIT 2
Notice of Intent to Adopt a Resolution of Necessity For Acquisition of Certain Real Property Located at Northwest Corner of Bartlett Avenue & Verbena Road, Adelanto, CA 151

RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attention: City Clerk
______________________________________________________________________________ Portion of APN: 0459-132-30 EXEMPT FROM RECORDING FEES PER GOVT. CODE §27383 EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV& TAX CODE §11922

GRANT OF EASEMENT
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged by Prime Investment International, Inc. and Xingyu Liu ("Grantor"), Grantor does hereby GRANT and CONVEY to the City of Adelanto ("Grantee"), and its successors and assigns, a permanent easement ("Easement") over, above, on, under, in, across, along and through that certain real property located in the City of Adelanto, County of San Bernardino, State of California, more fully described in EXHIBIT “A” attached hereto and incorporated herein by reference (hereinafter referred to as the "Easement Area"), for the construction, placement, operation, and maintenance of utilities, appurtenant structures, and any other associated improvements, including but not limited to above-ground electricity, generationtie (“gen-tie”) transmission and/or communication lines, pipelines, and other above-ground improvements associated with the transmission of utilities or electricity, specifically including but not limed to overhead power poles and wires, as well as any subsurface or otherwise below ground appurtenances, structures, improvements or other utilities (collectively, the “Facilities”).

The Easement includes the perpetual right to construct, repair, replace, remove, maintain, modify and/or adjust, as applicable, the Facilities, and any other utilities constructed or placed within the Easement Area, and appurtenances thereto, drainage structures, and appurtenances thereto, and such other related purposes, authorized by statute or deemed by common law to be compatible and consistent with the purpose(s) of the Easement, including without limitation the perpetual right of ingress/egress and the right of maintenance. The Easement includes and is granted together with the right of Grantee to remove obstructions, structures and/or other improvements, as well as to trim and remove trees and other vegetation, over, above, on, under, in, across, along and through the Easement Area.

This instrument, including, without limitation, the grants and other terms and provisions set forth herein, shall inure to the benefit of, and be binding upon, Grantor and Grantee and their respective heirs, successors and assigns, including, without limitation, any involuntary successor(s)-in-interest. Grantee may assign its rights and remedies in, to and/or under this instrument and may do so without obtaining the consent of or providing notice to Grantee.

Subject to the terms of this instrument, the covenants contained in this instrument shall run with the land.
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IN WITNESS WHEREOF, Grantor has executed this instrument as of this day of _______________, 2022.

GRANTOR: PRIME INVESTMENT INTERNATIONAL, INC.
a California Corporation
Dated:

By:

Print Name:

Its:

Xingyu Liu,
an individual
By:
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State of California )
)
County of San Bernardino )
On ________________, 2022, before me, __________________, Notary Public, personally appeared, ________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
This is to certify that the interest in real property conveyed by this Easement Deed to the City of Adelanto (“City”), a California municipal corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to the authority granted to it under Resolution _____, adopted on _____, and the Grantee consents to the recordation thereof by its duly authorized officer.

CITY OF ADELANTO
a Municipal Corporation
By: (or designee)
Jessie Flores, City Manager
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EXHIBIT “A”

LEGAL DESCRIPTION
APN: PORTION OF 0459-132-30
THE SOUTH 53.00 FEET OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER SECTION 29, TOWNSHIP 6 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

CONTAINING 0.80 ACRES MORE OR LESS.
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CITY COUNCIL AGENDA REPORT
DATE: September 14, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
SUBJECT: Consideration, Approval and Adoption of Resolution Amending the Rules of Procedure and Decorum To Specify the Start and End Times of Regular Meetings of the City Council.

STAFF RECOMMENDATION:

Staff is recommending the City Council amend the Rules of Procedure and Decorum to specify the start and end times of regular meetings of the City Council to facilitate effective and efficient meeting management at a reasonable hour.

BACKGROUND:

California’s open meeting law pursuant to Government Code section 54950, et seq., (“Brown Act”) mandates that city councils adopt rules for “the conduct of business” and requires that agendas for regular meetings provide “an opportunity for members of the public to directly address the legislative body on any item of interest to the public,” including agenda items before or during the legislative body’s consideration of the item that is within the subject matter jurisdiction of the legislative body.

In addition, Government Code section 54954.3, subdivision (b), provides that city councils “may adopt reasonable regulations to ensure the intent” of the Brown Act is carried out. The primary intent of the Brown Act is that the people’s business be conducted open and transparently, after providing an opportunity to the largest number of members of the public to directly address the council before the council takes action on any item.

The Rules of Procedure and Decorum provide an opportunity for members of the public to directly address the City Council on any item on the agenda before consideration of the item, in full compliance with the Brown Act, at a reasonable time. Periodically, the City Council reviews and amends its rules of procedure to facilitate the efficient and transparent conduct of the City of Adelanto’s (“City”) business at a reasonable hour.

FISCAL IMPACT:

N/A
ATTACHMENTS:

Resolution No. 22-62
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RESOLUTION NO. 22-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ADELANTO, COUNTY OF SAN BERNARDINO,

CALIFORNIA, AMENDING THE RULES OF PROCEDURE

AND DECORUM TO SPECIFY THE START AND END

TIMES OF REGULAR MEETINGS OF THE CITY

COUNCIL
WHEREAS, California’s open meeting law pursuant to Government Code section 54950, et seq., (“Brown Act”) mandates that city councils adopt rules for “the conduct of business” and requires that agendas for regular meetings provide “an opportunity for members of the public to directly address the legislative body on any item of interest to the public,” including agenda items before or during the legislative body’s consideration of the item that is within the subject matter jurisdiction of the legislative body; and
WHEREAS, Government Code section 54954.3, subdivision (b), provides that city councils “may adopt reasonable regulations to ensure the intent” of the Brown Act is carried out.

The primary intent of the Brown Act is that the people’s business be conducted open and transparently, after providing an opportunity to the largest number of members of the public to directly address the council before the council takes action on any item; and WHEREAS, the Rules of Procedure and Decorum, as amended by the City Council of the City of Adelanto (“City Council”), provide an opportunity for members of the public to directly address the City Council on any item on the agenda before consideration of the item, in full compliance with the Brown Act, at a reasonable time; and WHEREAS, periodically, the City Council reviews and amends its Rules of Procedure and Decorum to facilitate the efficient and transparent conduct of the City of Adelanto’s (“City”) business at a reasonable hour; and
WHEREAS, the City Council desires to amend the rules of procedure and decorum to facilitate effective and efficient meeting management, greater transparency and meaningful public participation.

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

Section 1. The recitals above are true and correct and incorporated herein by reference.

Section 2. Section 1 of the City of Adelanto’s Rules of Procedure and Decorum is amended to add Subsection K to read as follows:
“K. Meeting Times.
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Resolution No. 22-62

Page 2 ends

The regular meetings of the City of Adelanto City Council shall be on the second and fourth Wednesday of each month beginning at 6:00 p.m. and ending at 10:00 p.m. on the same day. The City Council may, by motion and a simple majority vote, extend the meeting by thirty (30) minutes and end the meeting at 10:30 p.m.

In addition, the City Council may, by a 4/5th vote, extend the meeting beyond 10:30 p.m. Whenever the day for holding any of the meetings falls on a holiday, the meeting shall be held on the next business day unless otherwise ordered by the City Council at a prior meeting. The meetings shall be held in the City of Adelanto City Hall unless otherwise ordered by the City Council.”
SECTION 3. If any section, subsection, clause or phrase or portion of this code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of all other provisions of this resolution.

The City Council hereby declares that it would have passed the resolution codified in this chapter, and each section, subsection, sentence, clause and phrase or portion thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases or portions thereof be declared invalid or unconstitutional.

SECTION 4. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto at the regular meeting of this 14th day of September, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
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Resolution No. 22-62

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-62 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 14th day of September, 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 this 14th day of September, 2022.
______________________________
Brenda Lopez, City Clerk
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Adelanto City CouncilSeptember 14, 2022

Adelanto City Council
September 14, 2022