Agenda — Adelanto City Council, October 12, 2022 (part 1 of 2)

AGENDA

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
OCTOBER 12, 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
Open Session: 7:00 p.m.

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

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

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

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

The public may view the meeting or participate / comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:
1 REGULAR MEETING
OCTOBER 12, 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
OCTOBER 12, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.

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

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

FLAG SALUTE:

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

C. APPROVAL OF AGENDA
A. CALL TO ORDER—REGULAR MEETING
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
OCTOBER 12, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
F. PRESENTATIONS

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

Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
H. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council or member of the audience requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

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

2. Consideration and Approval of A 30-Day Resolution Regarding the Conduct of Teleconferenced Meetings of the City Council and other City Bodies Under Government Code Section 54953(E) 4 REGULAR MEETING
OCTOBER 12, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RESOLUTION NO. 22-70

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL

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

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY

COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM OCTOBER 12, 2022, THROUGH NOVEMBER 11, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)

3. Approval of 2
nd Reading of Ordinance No. 635 entitled:

ORDINANCE NO. 635

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING SECTION

17.50.020 AND APPENDIX A, ADDING AUTO SERVICE AND AUTO

REPAIR USES AS CONDITIONALLY PERMITTED USE IN THE MIZED USE (MU) ZONE.

4. Approval of Resolution No. 22-71 Adopting the 2023-2027 Measure I Capital Improvement Plan.

RESOLUTION NO. 22-71

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY2022/2023 THROUGH FY2026/2027

5. Receive and file auditors report on Cannabis Compliance Activities for Fourth Quarter FY 21/22 M__________________S__________________ACTION__________________ 5 REGULAR MEETING
OCTOBER 12, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us I. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council or member of the audience requests a separate discussion on an item.

PUBLIC COMMENT: OPEN: CLOSED:

2. Authorizing payment to Douglas Pipeline for work completed at Palmdale Road/Verbena tie in.

M__________________S__________________ACTION__________________ J. CONTINUED PUBLIC HEARING
OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING:

1. PUBLIC HEARING – APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 22-05 & LOCATION AND DEVELOPMENT PLAN 22-05 AND ADOPTION OF THE CATEGORICAL EXEMPTION (“CE”) FOR THE PROJECT. (LOUIS) RECOMMENDATION: Staff recommends that the City Council, DENY THE APPEAL and APPROVE/ADOPT the Categorical Exemption (“CE”) for Conditional Use Permit 22-05 and Location and Development Plan 22-05 and adopt Council Resolution No. 22-65 (Attached as Exhibit A) adopting the findings and approving/adopting the CE for Conditional Use Permit 22- 05 and Location and Development Plan 22-05, a 4.2-acre site located at the southeast corner of Primrose Street and Adelanto Road in the Light Manufacturing Industrial (LM) zoning district in the City of Adelanto, California (APN: 3128-261-01 & 02).

RESOLUTION NO. 22-69

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS,

DENYING APPEAL OF PLANNING COMMISSION DECISION, AND

APPROVING AND ADOPTING THE CATEGORICAL EXEMPTION (CE)
FOR CONDITIONAL USE PERMIT 22-05, LOCATION AND
DEVELOPMENT PLAN 22-05 ON A 4.2-ACRE SITE LOCATED AT THE

SOUTHEAST CORNER OF PRIMROSE STREET AND ADELANTO ROAD

IN THE LIGHT MANUFACTURING (LM) ZONING DISTRICT IN THE CITY OF ADELANTO, CALIFORNIA (APN: 3128-261-01 & 02).

M__________________S__________________ACTION__________________ 6 REGULAR MEETING
OCTOBER 12, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us K. PUBLIC HEARING
OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING:

1. PUBLIC HEARING – CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 17.80.120 OF CHAPTER 17.20 OF TITLE 17 TO AMEND REGULATIONS

PERTAINING TO ON-SITE CONSUMPTION OF CANNABIS, CANNABIS PRODUCTS, AND EDIBLE CANNABIS PRODUCTS AT CANNABIS DISPENSARIES. (MARC) RECOMMENDATION: Staff recommends that the City Council:

1. Waive the first reading of and introduce Proposed Ordinance No. 633; and

2. Schedule the second reading of Proposed Ordinance No. 633 for the next regular City Council meeting.

ORDINANCE NO. 633

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, CALIFORNIA, AMENDING ADELANTO MUNICIPAL
CODE SECTION 17.80.120 OF CHAPTER 17.20 OF TITLE 17 TO

AMEND REGULATIONS PERTAINING TO ON-SITE CONSUMPTION

OF CANNABIS, CANNABIS PRODUCTS, AND EDIBLE CANNABIS

PRODUCTS AT CANNABIS DISPENSARIES
M__________________S__________________ACTION__________________ L. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. CONSIDERATION OF AMENDMENT NO.2 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH THE TAIT GROUP INC. TO EXTEND THE CONTRACT TERM SIX MONTHS (MARCH 31, 2023) AND INCREASE COMPENSATION. (ANGEL) RECOMMENDATION: Staff recommends the City Council approve Amendment No. 2 to the Professional Consultant Services Agreement with The Tait Group Inc. to extend Section 3.1.2 Term on the attached Agreement for six (6) months with an increased compensation of Thirty Thousand Dollars ($30,000).
7 REGULAR MEETING
OCTOBER 12, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED:

2. CONSIDERATION OF AMENDMENT NO.2 TO THE PROFESSIONAL CONSULTANT

SERVICES AGREEMENT WITH IDEATE CALIFORNIA TO EXPAND THE SCOPE OF SERVICES, EXTEND THE CONTRACT TERM SIX MONTHS (JANUARY 2023). (ANGEL) RECOMMENDATION: It is recommended that the City Council approve Amendment No. 2 to the Professional Consultant Services Agreement with IDEATE California to extend Section

3.1.2 Term on the attached Agreement for six (6) months with an increased compensation notto-exceed thirty thousand dollars ($30,000). Consultant will continue the scope of services to include development of an Energy Master Plan, maintenance and expansion of the infrastructure including a water treatment plant, and develop an Urban Forestry Master Plan. Consultant’s total compensation excludes authorized reimbursements.

M__________________S__________________ACTION__________________ PUBLIC COMMENT: OPEN: CLOSED:

3. CONSIDERATION OF AMENDMENT NO.2 TO THE PROFESSIONAL CONSULTANT

SERVICES AGREEMENT WITH LOCAL EQUITY LLC TO EXTEND THE CONTRACT TERM SIX MONTHS (FEBRUARY 28, 2023) AND INCREASE COMPENSATION. (ANGEL) RECOMMENDATION: Staff Recommends the City Council approve Amendment No. 2 to the Professional Consultant Services Agreement with Local Equity LLC to extend Section 3.1.2 Term on the attached Agreement for six (6) months with an increased compensation of Sixty Thousand Dollars ($60,000).

M__________________S__________________ACTION__________________ L. ITEMS REMOVED FROM THE CONSENT CALENDAR
M. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner. 8 REGULAR MEETING
OCTOBER 12, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us N. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

TIME OUT: ______________
M__________________S__________________ACTION____________________

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

HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON OCTOBER 7, 2022, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk, CMC
P. DECLARATION OF POSTING
9 REGULAR MEETING
OCTOBER 12, 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 10 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
October 12, 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

TIME TELECONFERENCE
To Participate and and Call in for public
comments:

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

Dated: October 7, 2022 Brenda Lopez, City Clerk, CMC
11 CITY COUNCIL AGENDA REPORT
DATE: October 12, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Marc Tran, City Attorney
SUBJECT: CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE

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

It is staff's recommendation that the City Council adopt and approve the attached resolution, 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 12 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 September 28, 2022, the City Council adopted Resolution No. 22-63 authorizing modified remote teleconference meetings through October 28, 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. 22-70
13 - 1 -
RESOLUTION NO. 22-70

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

SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY,

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

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM OCTOBER 12, 2022, THROUGH NOVEMBER 11, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Adelanto (“City”); and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California; and WHEREAS, on March 10, 2020, the Board of Supervisors of the County of San Bernardino proclaimed the existence of a local emergency for all of San Bernardino County (“County”) in response to the outbreak of COVID-19 and its impact on the County; and WHEREAS, on March 13, 2020, in response to the conditions of extreme peril to the safety of persons within the City of Adelanto, the Adelanto City Council (“City Council”) declared a local emergency; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act (“Brown Act”), this waiver was extended through September 30, 2021, by Executive Order N-08-21; and WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, 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 14 RESOLUTION NO. 22-70
- 2 -
the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; and WHEREAS, the City finds that the continuous spread of COVID-19 throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City; and WHEREAS, on May 25, 2022, the City Council adopted Resolution No. 22-35 authorizing modified remote teleconference meetings through June 24, 2022; and WHEREAS, on June 22, 2022, the City Council adopted Resolution No. 22-48 reauthorizing modified remote teleconference meetings through July 22, 2022; and WHEREAS, on July 13, 2022, the City Council adopted Resolution No. 22-50 reauthorizing modified remote teleconference meetings through August 12, 2022; and WHEREAS, on July 27, 2022, the City Council adopted Resolution No. 22-54 reauthorizing modified remote teleconference meetings through August 26, 2022; and WHEREAS, on August 10, 2022, the City Council adopted Resolution No. 22-55 reauthorizing modified remote teleconference meetings through September 9, 2022; and WHEREAS, on August 24, 2022, the City Council adopted Resolution No. 22-56 reauthorizing modified remote teleconference meetings through September 23, 2022; and WHEREAS, on September 14, 2022, the City Council adopted Resolution No. 22-59 reauthorizing modified remote teleconference meetings through October 14, 2022; and WHEREAS, on October 12, 2022, the City Council adopted Resolution No. 22-63 reauthorizing modified remote teleconference meetings through November 11, 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 15 RESOLUTION NO. 22-70
- 3 -
COVID-19, the City Council desires to make the findings required by Government Code Section 54953(e) to allow the City Council and all City Boards and Commissions to continue meeting under the abbreviated teleconferencing procedures.

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

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

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

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

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

SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective from October 12, 2022, until the earlier of November 11, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Adelanto may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

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

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

PASSED, APPROVED AND ADOPTED this 12th day of October 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
16 RESOLUTION NO. 22-70
- 4 -
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-70 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 12th day of October, 2022 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 12th day of October, 2022.
______________________________
Brenda Lopez, City Clerk
17 ORDINANCE NO. 635

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,
AMENDING SECTION 17.50.020 AND APPENDIX A, ADDING AUTO

SERVICE AND AUTO REPAIR USES AS CONDITIONALLY
PERMITTED USE IN THE MIZED USE (MU) ZONE.

WHEREAS, on August 28, 2001, the City Council adopted the General Plan Update for the City of Adelanto (“City”); and
WHEREAS, in 2014, the City Council adopted the Adelanto North 2035 Sustainable Plan; and
WHEREAS, the Adelanto Planning Commission, after a duly noticed public hearing held on August 17, 2022, adopted Resolution No. P-22-27 recommending that the City Council Adopt Ordinance No. 635, approving Zone Text Amendment No. ZTA 22-

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

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

SECTION 2. The City Council finds that pursuant to the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, no further environmental review is required prior to the adoption of the proposed amendments to Chapter 17.50.020 of the Adelanto Municipal Code.

Specifically, the current Zone Code Amendment application is exempt from further environmental review pursuant to Section 15061(b)(3) of the State Guidelines to implement CEQA, which states that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, such is the case with ZTA 22-01, the activity is not subject to CEQA.

Further, the City Council finds that State CEQA guidelines Section 15378(b)(5) exempts organizational and administrative activities of governments that will not result in physical environmental impacts, and the proposed Zone Text Amendment merely allows a use that was previously permitted in the area prior to the 2014 General Plan update.

SECTION 3. Chapter 17.050.020 is amended as follows:
18 ORDINANCE No. 635

17.50.020 Permitted Uses, Accessory Uses, Conditional Uses, and Temporary Uses. (a) Appendix A: Regulation of Uses by Zone District of this Zoning Code permits a range of uses including, but not limited to the following:
• Residential uses (compact lots, attached homes, condominiums, etc.) • Civic and community facilities
• Eating and drinking establishments
• Offices
• Retail
• Service Stations
• Auto Service and Repair
• Automobile Service (Lubrication, Tune-ups, emission tests, batteries, mufflers, etc. No use of impact wrenches or other equipment that could create noise impacts; No overnight outside storage or parking; Paint, body work, upholstery prohibited)
• Automobile Minor Repair (Brakes, tires, radiators, electrical, etc. No overnight outside storage or parking; Paint, body work, upholstery prohibited)
• Automobile Paint, Body, and Upholstery Shops
(b) Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Chapter 17.130 of this Zoning Code. Temporary uses are subject to the review requirements and conditions contained in Chapter 17.155. Also, certain other uses such as antennas may be subject to Special Use Standards outlined in Chapter 17.80, subject to the special height limitations contained in Table 22-1, Section

17.22.040 (a).

Appendix A of Section 17 is amended as follows:

Zone
District
Land Use Mixed
Use
Auto Service and Repair C
Automobile Accessory Sales and Installation, including parts supply (No overnight outside storage or parking; body work prohibited)4,6 C
Automobile Service (Lubrication, Tune-ups, emission tests, batteries, mufflers, etc. No use of impact wrenches or other equipment that could create noise impacts; No overnight outside storage or parking; Paint, body work, upholstery prohibited)4,6
C
Automobile Minor Repair (Brakes, tires, radiators, electrical, etc. No overnight outside storage or parking; Paint, body work, upholstery prohibited)4,6 C
Automobile Paint, Body, and Upholstery Shops4,6 C
SECTION 4. The City Council directs staff to prepare and file a Notice of Exemption (“NOE”) with the Clerk of the Board of Supervisors for the County of San Bernardino within five (5) working days of the passage and adoption of this Ordinance. 19 ORDINANCE No. 635
SECTION 5. The documents and materials that constitute the record of proceedings on which these findings are based are located at the Development Services Department of the City of Adelanto, Adelanto City Hall, 11600 Air Expressway, Adelanto, CA 92301.

SECTION 6. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.

SECTION 7. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.

PASSED, APPROVED, and ADOPTED this ___ day of ____, 2022. ______________________________
Gabriel Reyes, Mayor
___________________________________
Brenda Lopez, CMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Marc Tran, City Attorney
20 ORDINANCE No. 635
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No. 635 was duly introduced for first reading on the __ day of ______, 2022 and adopted at a regular meeting of the City Council of the City of Adelanto on this day ___ day of ________, by the following voter, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on this ___ day of ___, 2022
_______________________________
Brenda Lopez, CMC, City Clerk
21 CITY COUNCIL AGENDA REPORT
DATE: October 12, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Contract City Engineer
SUBJECT: 2023-2027 MEASURE I CAPITAL IMPROVEMENT PLAN
STAFF RECOMMENDATION:

Approve Resolution No. 22-71, adopting the 2023-2027 Measure I Capital Project Improvement Plan.

BACKGROUND:

In 1989, voters approved Measure I authorizing San Bernardino County Transportation Authority (SBCTA) to impose a one-half of one percent retail transactions and use tax (the “tax”) applicable in San Bernardino County. The tax was reauthorized by voters in 2010 for a thirty (30) year term. Revenue from the tax can only be used for transportation purposes, including local improvement and traffic management programs per SBCTA Ordinance 89-1, Ordinance 04-01 and the SBCTA’s Transportation Expenditure Plan. SBCTA is responsible for imposing, collecting and allocating revenue derived from the tax.

Adhering to the policies of Measure I and the SBCTA’s Transportation Expenditure Plan, each agency receiving Measure I revenue must undergo an annual audit of Measure I expenditures in accordance with generally accepted auditing standards issued by the Comptroller General of the United States.

Compliance audits shall be conducted to ensure agencies expending funds are following provisions and guidelines established for Measure “I” revenue. To maintain compliance with required audit practices, any alterations to planned expenditures must be reapproved and adopted by City Council. Cities receiving Measure I revenue from the Local Street Program must annually adopt a Five-Year Capital Improvement Plan detailing city policy for spending Measure I funds.

Staff recommends City Council adopt the attached resolution and Measure I Capital Improvement Plan for the fiscal years 2022/23 through 2026/27.

FISCAL IMPACT:

There will be no impact on the General Fund. All Measure I Transportation monies must be used for approved transportation purposes.

ATTACHMENTS:

A. Resolution No. 22-71
B. Expenditure Strategy
C. Measure I Local Pass-Through Five Year Capital Improvement Plan 22 RESOLUTION NO. 22-71

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

SAN BERNARDINO, CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY2022/2023 THROUGH FY2026/2027
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Adelanto is $168,321.00

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:
the Measure I 2022/2023 to 2026/2027 Five-Year Capital Improvement Plan, attached to this resolution, is hereby adopted.

PASSED, APPROVED AND ADOPTED On this 12th day of October, 2022. ____________________
Gabriel Reyes, Mayor
ATTEST:
_____________________
Brenda Lopez, City Clerk
23 Resolution No. 22-71

Page 2 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 21-71 was duly and regularly adopted at a meeting of the City Council of the City of Adelanto on this 12
th day of October, 2022 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/22 Carryover Balance $1,700,000.00
FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue Total Est. Rev. $1,257,529 $1,264,598 $1,271,702 $1,281,990 $1,302,073 $6,377,892 Projects:

Jonathan Street & Chamberlaine Way Improvements Yes 36.0% 64.0% $476,000 $476,000 $0 $0 $0 $0 $476,000 Bartlett Road Rehabilitation and Safety Improvements Yes 50.0% 50.0% $500,000 $500,000 $0 $0 $0 $0 $500,000 Koala Road Rehabilitation Yes 64.0% 36.0% $2,000,000 $0 $0 $0 $2,000,000 $0 $2,000,000 El Mirage Road Rehabilitation Phase I Yes 0.0% 0.0% $1,200,000 $1,200,000 $0 $0 $0 $0 $1,200,000 Citywide Concrete Repairs Yes 0.0% 0.0% $250,000 $50,000 $50,000 $50,000 $50,000 $50,000 $250,000 Citywide Street Maintenance and Repairs Yes 0.0% 0.0% $500,000 $100,000 $100,000 $100,000 $100,000 $100,000 $500,000 Traffic Surveys & Warrant Studies No 0.0% 0.0% $27,500 $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 Vehicles and Equipment No 0.0% 0.0% $350,000 $150,000 $50,000 $50,000 $50,000 $50,000 $350,000 Sinage Improvements, Bellflower south of Rancho Road Yes 0.0% 0.0% $20,000 $20,000 $0 $0 $0 $0 $20,000 Speed Limit Sign Replacement at Various Locations No 0.0% 0.0% $21,650 $21,650 $0 $0 $0 $0 $21,650

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
$2,523,150 $205,500 $205,500 $2,205,500 $205,500 $5,345,150 Total Programming is currently 66% Total Estimated Programming: $5,345,150 Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Projects Total:

Adelanto
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
Jurisdiction:

Saba Engineer, P.E., City Engineer
(760) 246-2300 X11188
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027

Page 1 of 3 ends

25 Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/22 Carryover Balance $0.00
FY2022/23 Est.

Revenue
FY2023/24 Est.

Revenue
FY2024/25 Est.

Revenue
FY2025/26 Est.

Revenue
FY2026/27 Est.

Revenue Total Est. Rev.
$1,257,529 $1,264,598 $1,271,702 $1,281,990 $1,302,073 $6,377,892 Projects:
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
itional rows 0% 100% $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Total Programming is currently 0% $0
(Must not exceed 150% of Carryover
Balance + Total Estimated Revenue) Total Estimated Programming:

Current
Estimate
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027
Jurisdiction:

Adelanto
Projects Total:

Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate Total
Please read yellow cells
in column P for
Directions!

Page 2 of 3 ends

26 Directions:
1) Only purple cells need attention/data entry.
3) Enter the amount of your unused MSI Local Street funds estimated at the end of the current Fiscal Year
4) Type the Project Names in column B (see 5 for additional instructions) 14) Consider submitting CIP to SBCTA for consistency review/policy compliance prior to adoption by jurisdictions governing body. Please call SBCTA with any questions using contact person from Cover Letter.
10) Make sure the programming doesn't exceed 150% of the 5 Year Estimated Revenue + Carryover Balance. If it does, cell H60 will turn pink as a flag, and will show a % above 150%. You will need to reduce programming during the 5 years per Measure I Policy VLS-9.
11) Hide/Unhide blank project lines as needed. If you need more lines to input Projects, please unhide rows up line 55. If Projects exceed 55, please contact SBCTA for a revised form.
12) Only input/submit the 5 Year CIP using the SBCTA-approved form sent to you. Contact SBCTA if you encounter problems.
13) All projects with expenditures MUST BE LISTED as a requirement of the Measure I Ordinance and Policy VLS-9. If an agency spends Measure I Local Street funds on a project not listed, a Revised CIP must be submitted by Sept 1 after the year where the expenditures were incurred to avoid an audit finding. 9) Please enter the amount of Measure I Local Street dollars estimated to be spent by Fiscal Year.
8) Please enter Estimated Total Project Cost in column G. May be more than the Measure I amount.

Each Jurisdiction must annually submit a new 5 year CIP to SBCTA by September 1 to receive Local Street Pass-Through funds. 2) Select your Jurisdiction in L2 Using Drop Down (Revenue will update automatically)
5) Please include the type of work. There's no limit on categorial projects, like pavement mgmt or routine maintenance. If adding a specific road/named project, please include road name, limits and type of work. 6) Please enter yes or no as appropriate in cells C&D to indicate if the Project is in a Non-Motorized Trans Plan or has an ATP Component.
7) If the Project is a Capacity Improvement Project/Arterial Project, please enter the Public/DIF Share % from the Nexus Study. Otherwise, leave blank.

Please Contact SBCTA if you need help with this.

Page 3 of 3 ends

27 Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

Adelanto
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
Jurisdiction:

Saba Engineer, P.E., City Engineer
(760) 246-2300 X11188
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027

Page 1 of 1 ends

28 CITY COUNCIL AGENDA REPORT
DATE: October 12, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Jaimie Lewis, Contract Service – Cannabis Compliance & Auditing SUBJECT: AUDITORS REPORT ON CANNABIS COMPLIANCE ACTIVITIES FOR FOURTH QUARTER FY 21/22
STAFF RECOMMENDATION:

It is recommended that the City Council receive and file the Auditors report of activities associated with Cannabis Compliance for the City of Adelanto.

BACKGROUND:

See attached.

FISCAL IMPACT:
$4,959,444 in cannabis compliance generated revenue has been received for fiscal year 2021/2022, which exceeds budget projections for that fiscal year. This revenue represents cannabis excise taxes and cannabis permit renewal fees generated by the cannabis compliance department.

ATTACHMENTS:

Report on Cannabis Compliance for April 1, 2022-June 30, 2022 (FY 2Q22) 29 4TH QUARTER
FY21/22

CANNABIS

COMPLIANCE
REPORT
April 1, 2022-June 30, 2022
O C T O B E R 2 0 2 2

C I T Y O F A D E L A N T O
P R E P A R E D B Y :

Jaimie Lewis, MPA
Contracted Cannabis Compliance
Services
Anese & Associates LLC
30 QU AR T ERL Y C ANNABIS COMP L IANC E

RE POR T
PA G E 0 1

NOTABLE ACTIVITIES

THIS QUARTER
Taxes for 3rd quarter FY21/22 were
due July 31, 2022. The industry is
undergoing significant hardships as
they relate to the supply and
demand chain. As a result, excise
tax revenue reflected a $300k
decline this quarter.

FY21/22 Year End
Reflection
Adelanto's IT Department is
working on adding an
employment tab to the City
website. Posted jobs will include
those in the cannabis industry.

The City is working with local
employment agencies for up to
date access to opportunities
within the City.

Cannabis Jobs
2021 Cannabis Excise Tax
Audits are underway.

Audits include ensuring
permits and business licenses
are renewed annually before
the authorization of a State
license renewal.

Audits The Cannabis Equity Assessment
will kick off in October. The City
received $75,000 to develop an
assessment to identify ways in
which we can reduces barriers to
entry into the legal, regulated
market.Once complete, the City
will apply for additional funding to
impliment the equity program.

Cannabis Equity
31 ADELANTO'S

CANNABIS

COMMUNITY IS NOW

LIVE ON SLACK

QU AR T ERL Y C ANNABIS COMP L IANC E

RE POR T
PA G E 0 2
EMAIL [email protected] TO RECIEVE AN

INTIVE LINK
32 QU AR T ERL Y C ANNABIS COMP L IANC E

RE POR T
PA G E 0 3
Adelanto's Illegal Cannabis Tip Form is now live
and in use! Thank you to the active community
members reporting suspected illegal operations.
https://airtable.com/shrPdl6qv6gH8IhYM
33 QU AR T ERL Y C ANNABIS COMP L IANC E RE POR T
PA G E 0 4

AT-LARGE MEMBER FOR

CANNABIS DISPENSARY

PERMIT COMMITTEE
ON October 5th, the City completed
its request for applications for an AtLarge member for a Cannabis Dispensary Permit Committee.

Decisions will be made in the coming
weeks as to the next steps in this
process. This is something the
community has asked for, and City
Administration has honored.
34 QU AR T ERL Y C ANNABIS COMP L IANC E

RE POR T
PA G E 0 5
4Q FY21/22

FINANCIAL

SUMMARY
$549,786
Cannabis Tax Revenue Received This Quarter
$221,250
Cannabis Permit Renewal Fees Received This Quarter
$4,959,444
Fiscal Year End Cannabis Compliance Revenue Total
35 QU AR T ERL Y C ANNABIS COMP L IANC E

RE POR T
PA G E 0 6
FY 2021/2022

CANNABIS

COMPLIANCE

REVENUE
The year ended roughly $500k
over budget projections for the
fiscal year.

Analysis
$4,959,444
36 QU AR T ERL Y C ANNABIS COMP L IANC E

RE POR T
PA G E 0 7

FISCAL YEAR PERMIT

RENEWAL FEE

ANALYSIS
Permit renewal fee enforcement has been a
strategic initiative of the City
Administration since 2020. As a result,
permit fees have tripled over the last three
years.

Auditor Reflection
37 QU AR T ERL Y C ANNABIS COMP L IANC E

RE POR T
PA G E 0 8

CANNABIS EQUITY

PROGRAM PLANNING
A Cannabis Equity Assessment that is fully funded by GOBiz who administers the Cannabis Equity Grants Program for Local Jurisdictions is currently underway. Through
this assessment, the City will be come eligible to apply for additional grant funding to implement a cannabis equity program.

On October 3, 2022,GO-Biz released an RFP requesting
application for Type 2 applications for which the City will apply. This will be a significant opportunity to apply for funding to implement the equity program and provide
relief to qualifying (parameters TBD) new and existing
operators.

GoBiz Grant Award for $75,000
38 QU AR T ERL Y C ANNABIS COMP L IANC E

RE POR T
PA G E 0 9
Cannabis Business Licenses Current
or pending renewal (Per HDL)

OPERATOR COUNTS
MAY 2022
Active Cannabis Distribution or
Retail Licenses Issued by State (Per
Department of Cannabis Control
DCC)
Cannabis Manufacturing Licenses
Issued by State (Per Department of
Cannabis Control DCC)
86 50
44 Active Cannabis Cultivation Licenses
Issued by State (Per Department of
Cannabis Control DCC)
89 39

CONTACT
US
Phone
760-780-8189
Email
[email protected]
...with any questions regarding
Cannabis Compliance
or the contents of this report.
40 ADELANTO PUBLIC UTILITY AUTHORITY
DATE: 10/12/2022
TO: Honorable Chairman and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Daniel Best, Water Operations Manager, PERC Water
SUBJECT: AUTHORIZING PAYMENT TO DOUGLAS PIPELINE FOR WORK COMPLETED AT

PALMDALE ROAD/VERBENA TIE IN
STAFF RECOMMENDATION:

Authorizing payment to Douglas Pipeline for work completed.

BACKGROUND:

Douglas Pipeline was performing work for D.R. Horton and planned to tie the project into the existing “stub-out” from the water main on Palmdale Rd, but that stub-out did not exist. Given the nature of the Palmdale Rd construction, right of way access and limiting road closures, we quickly obtained approval from Caltrans to perform the work their the right-of-way, with a short window of opportunity. Douglas pipeline agreed to perform the work on an accelerated time frame, as to not delay any work by Caltrans.

This tie-in is crucial to provide current and future infrastructure and development needs of the City. This work was performed while the street was not in use and pavement was removed, which resulted in a substantial cost savings for the City as no traffic control, or repaving was necessary by the contractor.

FISCAL IMPACT:
$39,191.00 APUA
ATTACHMENTS:

Douglas Pipeline Invoice
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72

CITY COUNCIL AGENDA REPORT
DATE: October 12, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
THROUGH Andre Dupret, Development Services Director
BY: Louis Morales, Planning Project Consultant
SUBJECT: PUBLIC HEARING – APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 22-05 & LOCATION AND DEVELOPMENT PLAN 22-05 AND ADOPTION OF THE CATEGORICAL EXEMPTION (“CE”) FOR THE PROJECT STAFF RECOMMENDATION:

Staff recommends that the City Council, DENY THE APPEAL and APPROVE/ADOPT the Categorical Exemption (“CE”) for Conditional Use Permit 22-05 and Location and Development Plan 22-05 and adopt Council Resolution No. 22-65 (Attached as Exhibit A) adopting the findings and approving/adopting the CE for Conditional Use Permit 22-05 and Location and Development Plan 22-05, a 4.2-acre site located at the southeast corner of Primrose Street and Adelanto Road in the Light Manufacturing Industrial (LM) zoning district in the City of Adelanto, California (APN: 3128-261-01 & 02).

BACKGROUND:

At the meeting of June 15, 2022, the Planning Commission approved (vote of 4-1) Conditional Use Permit 22-05 and Location & Development Plan 22-05 and adopted a Categorical Exemption for the project. The signed Planning Commission Resolution is attached as Exhibit B.

An Appeal of the Planning Commission Approval was filed on June 27, 2022, ten (10) working days following the Planning Commission by the Supporters Alliance for Environmental Responsibility (“SAFER”). The appeal application, attached as Exhibit C, opposes to the adoption of the CE and the approval for Conditional Use Permit 22-05 and Location & Development Plan 22-05.

An Appeal Hearing was scheduled for City Council for September 14, 2022; however it was continued to the September 28, 2022.

On September 28, 2022, the City Council continued the item to October 12, 2022 to provide the CEQA consultant additional time to compete their responses.
73 CUP 22-05, LDP 22-05
Council Appeal

Page 2 ends

PROJECT DESCRIPTION:

The project involves a Conditional Use Permit No. to establish commercial cannabis uses, including adult and medical cultivation, transportation, and distribution as well as approval for a Location and Development Plan to construct five (5) buildings and relating parking, drainage, landscaping and on and off-site improvements in four (4) Phases for a total building square footage of 212,700 SF on the 4.2-acre site. Approximately 5.7% of the site will be reserved for landscaping.

APPEAL DISCUSSION OF THE ADOPTION/APPROVAL OF CATEGORICAL EXEMPTION (CE):

The Appellant, SAFER, outlines their basis for appealing the adoption of the CE for CUP 22-05 and LDP 22-05, attached as Exhibit C. In summary, SAFER argues the following:

I. The project should not be exempt from CEQA pursuant to section 15332; II. The Project would be approved in violation of CEQA. Proper CEQA review must be conducted; and
III. The Project has potential air quality impacts
In response to the Appellant’s contentions, Blodgette Baylosis, the Environmental Consultant that prepared the CE document, responded to the Appeal claims in a memorandum, Attached as Exhibit E, which is summarized as follows:

I. A Categorical Exemption was determined to be the appropriate environmental document, rather than an ISMND because the project met the criteria for a CEQA exemption pursuant to Section 15332; and
II. The project does not violate State Planning and Zoning Laws or the City’s General Plan as it does not directly conflict with the City’s General Plan, nor does it interfere or frustrate the General Plan’s policies or objectives as evidenced by the findings and whole of the record.

FISCAL IMPACT:

An Appeal of Planning Commission Decision fee of $1,806.00 was paid by the SAFER.

EXHIBITS:

A. Council Resolution No. 22-65 denying the appeal
B. Planning Commission Resolution 22-20 (Signed)
C. Supporters Alliance for Environmental Responsibility (SAFER) Appeal Package D. Planning Commission Staff Report, June 15, 2022
E. Blodgett Baylosis Response to Appeal Memo to be added 74 EXHIBIT A
RESOLUTION NO. 22-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

MAKING FINDINGS, DENYING APPEAL OF PLANNING

COMMISSION DECISION, AND APPROVING AND ADOPTING THE

CATEGORICAL EXEMPTION (CE) FOR CONDITIONAL USE PERMIT
22-05, LOCATION AND DEVELOPMENT PLAN 22-05 ON A 4.2-ACRE

SITE LOCATED AT THE SOUTHEAST CORNER OF PRIMROSE

STREET AND ADELANTO ROAD IN THE LIGHT MANUFACTURING
(LM) ZONING DISTRICT IN THE CITY OF ADELANTO, CALIFORNIA (APN: 3128-261-01 & 02).

WHEREAS, the Supporters Alliance for Environmental Responsibility (SAFER) filed an appeal of the Planning Commission’s adoption of the Categorical Exemption (CE) for Conditional Use Permit 22-05 and Location & Development Plan 22-05 (“the Project”) on June 27, 2022, which was within ten (10) working days following the Planning Commission’s approval of the Project; and
WHEREAS, on June 15, 2022, the Planning Commission approved (vote of 4-1) Conditional Use Permit 22-05 and Location & Development Plan 22-05 and adopted a Mitigated Negative Declaration for the project; and
WHEREAS, the applicant timely appealed the Planning Commission’s decision; and WHEREAS, the City of Adelanto, as lead agency, determined that a Categorical Exemption for the proposed was the appropriate environmental document to adopt for project pursuant to Sections 20192 of the California Public Resources Code and 15072 of the California Environmental Quality Act, Guidelines; and
WHEREAS, the Planning Commission reviewed and considered the environmental information included in the staff report prior to acting on proposed the Project (Conditional Use Permit 22-05 and Location and Development Plan 22-05 and determined that the City has complied with the California Environmental Quality Act; and WHEREAS, the Planning Commission reviewed and considered the Project (Conditional Use Permit 22-05 and Location and Development Plan 22-05) and the Council affirms and adopts the Planning Commission findings of General Plan consistency, as presented in the record, as well as all Planning Commission findings outlined in the record for the Project; and WHEREAS, in accordance with State law, on September 14, 2022, a duly noticed public hearing was scheduled with the City Council; however due to technical difficulties the hearing was continued; and
WHEREAS, in accordance with State law, on October 12, 2022, City Council conducted 75 RESOLUTION NO. 22-69
October 12, 2022

Page 2 ends

a duly notice public hearing on the project, took information presented by City staff and public testimony regarding the Project, and considered the Project; and NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:

SECTION 1. The above recitals are all true and correct.

SECTION 2. The City Council has reviewed and considered the information included in the staff reports prior to taking action on the Appeal. The City Council further finds and determines that the City has complied with the California Environmental Quality Act and the City Council determinations reflect the independent judgment of the City Council.

SECTION 3. The City Council hereby denies the appeal and upholds the Planning Commission’s decision to adopt the Categorical Exemption (CE), the and the Project and finds and determines that City as Lead Agency met the requirements established by the City of Adelanto Municipal Code, Section 17.190 (Environmental Review) and the provisions of California Public Resources Code 21000 et seq. pursuant to the Guidelines adopted by the Secretary of Resources and incorporated into the California Code of Regulations, Title 14, Section 15000 et seq.

SECTION 4. The City Council hereby upholds the Planning Commission adoption of the CE for the Project (CUP 22-05, LDP 22-05) as well as the approval of the Project.

PASSED, APPROVED AND ADOPTED by the City Council this 12 th day of October, 2022.
_________________________________

GABRIEL REYES, MAYOR
76 RESOLUTION NO. 22-69
October 12, 2022

Page 3 ends

ATTEST:
___________________________________

BRENDA LOPEZ, CITY CLERK CMC
77 RESOLUTION NO. 22-69
October 12, 2022

Page 4 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-69 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on the 28
th day of September, 2022, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 28
th day of September, 2022.
___________________________________
Brenda Lopez, CMC
City Clerk
SEAL
78 ATTACHMENT A
Resolution P-22-20
RESOLUTION NO. P-22-20

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING A

CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE
PERMIT 22-05 & LOCATION DEVELOPMENT PLAN 22-05 TO ESTABLISH

MEDICAL AND ADULT USE CANNABIS CULTIVATION,

TRANSPORTATION AND DISTRIBUTION USES AND TO CONSTRUCT
FIVE (5) NEW BUILDINGS TOTALING 212,700 SQUARE FEET
DEVELOPED IN FOUR (4) PHASES ON 4.2 ACRES LOCATED AT THE

SOUTHEAST CORNER OF ADELANTO ROAD AND PRIMROSE STREET

IN THE LIGHT MANUFACTURING (LM) ZONE IN THE CITY OF ADELANTO, CALIFORNIA (APN:3128-261-01 and 02)
WHEREAS, the applicant, Mr. Duane Delarco, has proposed Conditional Use Permit 22-05 & Location Development Plan 22-05 to establish medical and adult use cannabis cultivation, transportation and distribution uses and to construct 5 buildings totaling 212,700 square feet in four (4) phases on a 4.2-acre site located at the southeast corner of Adelanto Road and Primrose Street in the Light Manufacturing (LM) zone in the City of Adelanto, California (APN:
3128-261-01 & 02); and
WHEREAS, the applicant has consented to all conditions of approval; and WHEREAS, a duly noticed public hearing was held by the Adelanto Planning Commission on May 18, 2022, however at the request of the applicant the hearing was continued.

Subsequently another duly noticed public hearing was held by the Planning Commission on June 15, 2022, to hear and consider testimony for or against the proposed project; and WHEREAS, this project is Categorically Exempt under the California Environmental Quality Act (CEQA) per Section 15332 of the California Environmental Quality Act as a Class 32, In-Fill Development Project.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:

SECTION 1. The above recitals are all true and correct.

SECTION 2. The Planning Commission has reviewed and considered the environmental information included in the staff report prior to acting on proposed Conditional Use Permit 22-05 and Location and Development Plan 22-05. The Planning Commission further finds and determines that the City has complied with the California Environmental Quality Act and the Planning Commission determinations reflect the independent judgment of the Planning Commission.

SECTION 3. The Planning Commission hereby finds and determines that:

Conditional Use Permit 22-05
(a) That the proposed Conditional Use Permit is consistent with the General Plan; 79 RESOLUTION NO. P-22-20
June 15, 2022

Page 2 ends

The project is consistent with the General Plan as the site is designated Light Manufacturing (LM), which is consistent with Appendix A of Title 17 of the Zoning Code which allows Cannabis uses with approval of a Location and Development Plan and Conditional Use Permit.
(b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; Surrounding properties to the north south, and east are all currently zoned for LM uses, which permits similar compatible uses and mixed use to the west as such, the project would not adversely affect these surrounding properties. (c) That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed;
The project site is 4.2-acres which exceeds the minimum required 20,000 square feet parcel size required in this zoning district and further provides for sufficient width and depths and required setbacks for the proposed buildings. (d) That the proposed use complies with all applicable development standards of the Zoning district; and
The proposed project has been designed and conditioned to meet all applicable City zoning and development standards.
(e) That the proposed use observes the spirit and intent of this Zoning Code.

The proposed project meets the requirements of the Zoning Code. However, to ensure all Code requirements are met, conditions of approval has been added reflecting these requirements.

Location and Development Plan 22-05
(a) That the proposed Location and Development Plan is consistent with the General Plan;
The project is consistent with the General Plan as the site is designated Light Manufacturing (LM), which is consistent with Title 17 of the Zoning Code, which allows for the proposed uses in the LM zoning district with an approved Location and Development Plan.
(b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The nature, condition and development of adjacent uses, buildings and structures have been considered and the use will not adversely affect or be detrimental to these uses, building or structures, as surrounding properties to the north, south and are all currently zoned for LM uses, which permits similar compatible uses and as such, the project would not adversely affect these surrounding properties. The 80 RESOLUTION NO. P-22-20
June 15, 2022

Page 3 ends

property to the west has a land use and zone designation of Mixed Use (MU) is developed with a stadium and will not be affected by the proposed use. (c) That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed;
The overall site is approximately 4.2-acres in size, which exceeds the minimum 20,000 square feet required in the LM zoning district and is of adequate size and shape to accommodate the use and proposed building and improvements, as conditioned.
(d) That the proposed use complies with all applicable development standards of the zoning district; and
The proposed project has been designed and conditioned to meet all applicable City zoning and development standards for the Light Manufacturing (LM) zoning district.
(e) That the proposed use observes the spirit and intent of this Zoning Code.

The proposed project meets the requirements of the Zoning Code. In addition, to ensure all Code requirements are met, conditions of approval hae been added requiring that the project meet code requirements.

ATTACHMENTS:

Attachment B: Conditions of Approval CUP 22-05, LDP 22-05 PASSED, APPROVED AND ADOPTED by the Planning Commission this 15 th day of June, 2022.
___________________________________
Chris Waggener
Chairman of the Planning Commission
___________________________________
Nyeka Allen
Secretary to the Planning Commission
81 RESOLUTION NO. P-22-20
June 15, 2022

Page 4 ends

I, Nyeka Allen, Planning Secretary for the Planning Commission of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. P-22-20 was duly and regularly adopted at a regular meeting of the Planning Commission of the City of Adelanto on the 15 th day
of June 2022, by the following vote, to-wit:

AYES: Chair Waggener, Vice-Chair Delgado, Commissioners Meza, Soto NOES: Commissioner Villa
ABSENT: none
ABSTAIN: none
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 15
th day of June, 2022.
___________________________________
Nyeka Allen
Secretary to the Planning Commission
82 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 1 Revised 5.3.2021

DEVELOPMENT SERVICES DEPARTMENT

COMPREHENSIVE APPLICATION FOR DEVELOPMENT

REVIEW AND LAND USE APPROVAL
CASE NUMBER: _________________________
DATE SUBMITTED: _________________________
APPLICATION TYPE FEE* APPLICATION TYPE FEE*

APPEAL OF DIRECTOR

DECISION
$1,806.00 _____ LOT LINE ADJUSTMENT/LOT MERGER/LOT

SPLIT/CERTIFICATE OF COMPLIANCE
$1,806.00 _____
APPEAL OF PC DECISION $1,806.00 _____ PRELIMINARY REVIEW $1,212.00 _____

CONDITIONAL USE PERMIT
(CUP)
$4,861.00 _____ TENTATIVE PARCEL MAP (TPM) $3,503.00 _____

MINOR CUP

DENSITY BONUS

AGREEMENT
$2,430.00
$4,352.00
_____
_____
TPM AMENDMENT $1,806.00 _____

ENVIRONMENTAL
ASSESSMENT*

FILING FEE
$2,230.00

85.00 _____
_____
TENTATIVE TRACT MAP (TTM) $4,861.00+
$60.00/lot
_____

GENERAL PLAN

AMENDMENT
$5,540.00 _____ TTM AMENDMENT $2,824.00 _____

MAJOR VARIANCE

MAJOR MODIFICATION
$2,485.00
$2,824.00
_____
_____
TIME EXTENSION $2,146.00 _____
MINOR VARIANCE $1,636.00 _____ ZONE CHANGE $5,540.00 _____ MINOR MODIFICATION $1,752.00 _____ ZONE CODE AMENDMENT $6,049.00 _____

MINOR LDP

LOCATION
&DEVELOPMENT PLAN
$2,430.00
$4,861.00
_____
_____

SPECIFIC PLAN AMENDMENT

SPECIFIC PLAN
$4,352.00
$6,898.00
_____
_____
*ADDITIONAL FEES:

San Bernardino County (SBC) Fire fees will be billed separately by SBC at the time your project is submitted & reviewed by the Fire Department. Plans must be uploaded separately through SBC EZ Online permitting system, “EZ Online Permitting Citizen Access Portal.” The California Environmental Quality Act (CEQA) applies to all discretionary “projects” and all applicants must complete an Environmental Assessment and submit an Environmental Assessment Fee of $2,230.00 as part of the land use approval application process. The appropriate CEQA determination must be made by a qualified environmental consulting firm, which shall be hired and paid for by the applicant. The City has established a list of qualified consultants, which is available at the front counter of the Development Services Department. Once a project is approved by the designated decisionmaking body a Notice of Exemption (NOE) or Notice of Determination (NOD) must be filed with the San Bernardino County Clerk of the Board of Supervisors. Separate filing fees apply.

Applicant/Contact Person: Company:

Telephone No. (____) Fax No. (____) E-mail:

Mailing Address:

STREET CITY STATE ZIP
x
Supporters Alliance for Environmental Responsibility ("SAFER"), represented by Lozeau Drury LLP
510 836-4200 [email protected]
1939 Harrison Street, Suite 150 Oakland CA 94612
83 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 2 Revised 10.21.2021
Owner /Contact Person: Company:

Telephone No. (____) Fax No. (____) E-mail:

Mailing Address:

STREET CITY STATE ZIP
Arch-Eng/Contact Person: Company:

Telephone No. (____) Fax No. (____) E-mail:

Mailing Address:

STREET CITY STATE ZIP
Complete Project Description/Reason for Request: If necessary, attach a detailed description to explain all proposed uses for this property or project.

General location or address location:

Assessor’s Parcel No(s):

Township: Range: Section Number:

Acreage: Zoning: RDA Project Area: _____
Associated Case(s): _______
_______
SAFER objects to the Planning Commission's decisions to approve of Conditional Use Permit 22-05 & Location Development Plan 22-05 ("Project") and to adopt the Categorical Exemption ("CE") for the Project. For the reasons discussed in the attached comment, the City's reliance on an infill exemption for the Project is in violation of the California Environmental Quality Act ("CEQA"). The Planning Commission should have declined to approve the project until proper CEQA review was conducted. See attachment.

Southeast corner of Primrose Street and Adelanto Road
3128-261-01 & 02
Light Manufacturing (LM)
Conditional Use Permit 22-05 & Location Development Plan 22-05 84 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 3 Revised 10.21.2021
_______

HAZARDOUS WASTE SITE CERTIFICATION
(Required pursuant to Section 65962.5 (f) of the California Government Code) The applicant/owner hereby certifies that they have consulted the list of hazardous waste sites for the City of Adelanto, dated , and the project is/is not (circle one) located on a site included on the list of hazardous waste sites for the City of Adelanto.

Air Quality/Hazardous Materials Certification: (Required pursuant to Section 65850.2 of the California Government Code)

1. The applicant/owner herby certifies that the project will/will not (circle one) need to comply with the requirements for a permit for construction or modification from the Mojave Desert Air Quality Management District, 14306 Park Avenue, Victorville, CA 92392, (760) 245-1661.

2. The applicant/owner herby certifies that the project will/will not (circle one) have more than a threshold quantity of a regulated substance, or will contain a source or modified source of hazardous air emissions. Please attach a list of any regulated substances and quantities anticipated, if applicable. (Note: Any quantity of hazardous waste or handling or storage of any quantity of acutely hazardous materials requires filing of a Management Plan and a permit from County Environmental health Services. A Management Plan and permit is also required for other hazardous materials if more than the threshold quantities are present, which are typically either 55 gallons of liquid, 200 cubic feet of pressurized gases, or a weight of 500 pounds.)

3. Describe any use, storage, or discharge of hazardous and/or toxic materials in the known history of this property.

Please list the materials and dates, if known.

4. The project is/is not (circle one) located within one-quarter (1/4) mile of a school.

NOTE: Plan review, permits, and inspections are also required from Engineering and Building and Safety prior to occupancy of the proposed project.

Certification: I hereby certify that I understand the information regarding deposits for processing costs, information, and requirements referenced in this application and that the information furnished above and in any attached exhibits is true and correct.

The property owner further certifies that they are the legal owner of the property and consent to the application.

Applicant’s Signature Date Property Owner’s signature Date Applicant’s Printed Name Property Owner’s Printed Name
85 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 4 Revised 10.21.2021

PROPERTY OWNER(S) AUTHORIZATION FORM

AUTHORIZATION FOR AGENT TO ACT ON BEHALF OF LEGAL PROPERTY OWNER I/We, the owner(s) of the subject property, do hereby authorize to act in my/our behalf on matters pertaining to
PROCESSING COSTS: The City operates on the basis of full cost recovery for the processing of planning projects. Deposits made at the time of application are projected to be sufficient for the processing of most applications, however, additional deposits may be required to cover the projected costs for review of projects.

If at any time deposits are insufficient to cover projected costs, processing of the project will be stopped until sufficient additional funds are deposited with the City. Lack of sufficient funds on deposit will suspend any required processing time frames.

CERTIFICATION: I hereby certify that I understand the information regarding deposits for processing costs, information, and requirements referenced in this application. The property owner further certifies that they are the legal owner of the property and consent to the application.

Dated this day of , 20 .

Printed Name

Signature(s) of Legal Owner(s)
State of California )
County of San Bernardino )
On this day of 20 , before me
a Notary Public, personally appeared known to me to be the person(s) whose name(s) are/is subscribed to the within instrument and acknowledged that he/she/they executed the same.

Witness My Hand and Official Seal
Signature
Name (printed)
NOTE: If the property is a part of a corporation a list of authorized corporate officers must be provided. 86 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 5 Revised 10.21.2021
Submittal Items Required for Application Types
• Application types are listed across the top of the chart, and items required along the side. An “X” in the box, means this item is required for that application type.
• Applications for modifications or extensions require the same information as the original project without the additional studies.
• Submit hard copies as well as electronic copies of required submittal items, either on a USB drive or via email at the time of application.

Tentative Tract or Parcel MapZone Change/ General Plan AmendmentConditional Use PermitMinor CUPLocation Development PlanMinor LDPMajor VarianceMinor VariancePreliminary Review Application and fee X X X X X X X X X
Preliminary Industrial Pretreatment and Wastewater
Discharge Permit (IPWDP)application - ALL

INDUSTRIAL, MANUFACTURING AND CANNABIS

ACTIVITIES MUST SUBMIT IPWDP

X X X X X X X X X
All Proposed Cannabis Projects Must Provide A
Written description of how cannabis wastewater is
treated (i.e., haul away, reverse osmosis or ?)
Biological Habitat Survey
(if required by Planning)

X X X X
Water & Sewer Utility Feasibility Study (All Cannabis
projects must provide)

X X X X X X X
Mailing Labels (3 sets) X X X X X
Preliminary Title Report ( within last 90 days) X X X X X X X X X Assessor’s Parcel Map X X X X X X X X X
Electronic copy of all items listed on this page (USB or e-mail)

X X X X X X X X X
The items listed below must be submitted as a full-size, 24”x36” plan package, stapled and folded to 8.5” x 11” size with the title block facing out. Two, full-size (2) sets and one (1) plan set reduced to 8.5”x 11 are required along with a USB drive containing an electronic plan set.

Site Plan X X X X X X X
Parcel/Tract Map X
Preliminary Grading and Drainage X X X
Architectural Elevations X X X X X X X
Colors and Materials Board X X X
Floor Plans X X X X X X X
Conceptual Landscape Plans X X
Date: ______________ Applicant Signature: _______________________________________ 87 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 6 Revised 10.21.2021

REQUIRED PROPERTY OWNER(S) NOTIFICATION INFORMATION
THE FOLLOWING ITEMS WILL BE REQUIRED.

1. THREE identical packages to be inserted in separate 8 ¾ x 11-¼ manila envelopes. These envelopes shall indicate the case number and the word “labels”, and shall contain the following:
a. One typed set of gummed labels indicating all: the Assessor’s Parcel Numbers, property owner(s) name(s) and the mailing addresses that are within a 300-foot radius (700 feet if the site is 20 acres or more) of the exterior of their proposed project (this list shall be ascertained from the last equalized assessment roll). b. One label each for the owner/applicant/engineer.
c. A photocopy of the aforementioned labels.

2. TWO additional typed sets of gummed labels each for the applicant, owner, engineer, and representative with their mailing addresses. Do not include duplicate sets where applicant and owner, etc. are the same. These should be inserted in a letter-sized envelope and stapled to the outside of one of the large manila envelopes mentioned in item 1 above.

3. A 300-foot radius map on assessor’s map pages, which clearly shows the Assessor’s Parcel Numbers for each affected parcel.

Example:

PROPERTY OWNERS CERTIFICATION
_______(Print name), certify that on ______(month-day-year) ____________________ the attached property owners list was prepared by______________(Print company or individual’s name) pursuant to application requirements furnished by the City of Adelanto. Said list is a complete and true compilation of owner of the subject property and all other owners within 300 feet of the property involved in the application and is based upon the latest equalized assessment rolls.

I further certify that the information filed is true and correct to the best of my knowledge. I understand that incorrect or erroneous information may be grounds for rejection or denial of the application.

NAME ________________________________________ TITLE __________________________________ ADDRESS ______________________________________________________________________ PHONE __________________________ FAX
SIGNATURE_______________________ DATE _____________________________ 88 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 7 Revised 10.21.2021

ENVIRONMENTAL INFORMATION FORM
(TO BE COMPLETED BY APPLICANT)
Date Filed
General Information
l. Name and address of developer or project sponsor:

2. Address of project:

Assessor’s Block and Lot Number:

3. Name, address, and telephone number of person to be contacted concerning this project:

4. Indicate number of the permit application for the project to which this form pertains:

5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies:

6. Existing zoning district::

7. Proposed use of site (Project for which this form is filed):

Project Description:

8. Site size.

9. Square footage.

10. Number of floors of construction.

11. Amount of off-street parking provided.

12. Attach plans.

13. Proposed scheduling.

14. Associated projects.

15. Anticipated incremental development.

16. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected.

17. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities.

18. If industrial, indicate type, estimated employment per shift, and loading facilities.

19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project.

20. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required.

Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary).

Yes No
89 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 8 Revised 10.21.2021

21. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration   of ground contours.

22. Change in scenic views or vistas from existing residential areas or public lands or roads.  

23. Change in pattern, scale or character of general area of project.  

24. Significant amounts of solid waste or litter.  

25. Change in dust, ash, smoke, fumes or odors in vicinity.  

26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of   existing drainage patterns.

27. Substantial change in existing noise or vibration levels in the vicinity.  

28. Site on filled land or on slope of 10 percent or more.  

29. Use of disposal of potentially hazardous materials, such as toxic substances, flammables   or explosives.

30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.).  

31. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).  

32. Relationship to a larger project or series of projects.   Environmental Setting

33. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site.

34. Describe the surrounding properties, including information on plant~ and animals and any cultural, historical or scenic aspects.

Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.

Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and in formation presented are true and correct to the best of my knowledge and belief.

Date Signature
For
90 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 9 Revised 10.21.2021

CHECKLIST OF REQUIRED INFORMATION

TENTATIVE TRACT AND PARCEL MAPS
_____ Tentative Map Number (Assigned by County Surveyor’s Office) _____ The licensed land surveyor or registered civil engineer shall sign, seal and provide their California registration or license number and the date of expiration of such number. _____ List the names, addresses and telephone numbers of the owners of record, the subdivider and the surveyor or engineer preparing the map.
_____ List the names, addresses and telephone numbers of all utility companies which will serve the subdivision including, but not limited to, water supply, sewage disposal, telephone, cable, electrical and natural gas. _____ Clearly show the north arrow (directed toward the top of the map),the scale of the map, the boundary lines, dimensions of the project and the date of preparation of the map. ____ Provide a vicinity map at a scale of one (1) inch equals eight hundred (800) feet of the area showing the proposed subdivision in relation to the adjacent subdivision, established roads, landmarks, etc., within one –quarter (1/4) mile of the exterior boundaries of the proposed subdivision. _____ List the Assessor’s Parcel Number (s) for the entire subdivision. _____ Provide a legal description of the land included within the proposed tentative map. _____ Provide information demonstrating legal, dedicated access to the subdivision and all proposed lots within the subdivision. Also demonstrate that no adjoining parcels are landlocked subsequent to the proposed subdivision. _____ Show all boundary lines of the proposed subdivision with appropriate bearings and distances. _____ Show the lot layout, dimensions of each lot (ditto marks are not acceptable) and a number or letter for each lot in consecutive order, Circle the last lot number and/or letter. _____ List the total acreage, the number of numbered lots and the number of lettered lots. Also list the size of each numbered and /or lettered lot and remainder parcels, if shown. _____ List the minimum, maximum and average lot size. Also list the existing and proposed zoning district classification for each lot and its proposed use.
_____ Show the General Plan land use designation, zoning district classification and land use or uses of the adjoining property within one hundred (100) feet of the proposed subdivision, including that which is across any streets.

Indicate the distances from all property lines and use of any structures on adjoining property. _____ Show the locations, names and existing rights-of all adjoining highways, streets, alleys and /or ways, roads, etc. If none exist, show access to the property. _____ Show the centerline profile (i.e. cross section) and grade for each proposed highway, street or drainage improvement shown on the tentative map.
_____ Show the width and location of all recorded and/or proposed easements, dedication of streets or rights-of-way. _____ Show the radius of all curves on highways and streets. _____ Show the location, all flood hazard areas and their designations. _____ Show the location and outline, to scale, of each existing building, utility pole or other above ground structure. Note on the map whether such building, pole or structure is to be removed from, or remain within the subdivision. _____ Show the location of existing and proposed water lines, sewers, culverts, bridges, drain pipes, fire hydrants and water wells within the subdivision.
91 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 10 Revised 10.21.2021

CHECKLIST OF REQUIRED INFORMATION

SITE PLANS
_____ The licensed land surveyor or registered civil engineer shall sign, seal and provide their California registration or license number and the date of expiration of such number. _____ List the names, addresses and telephone numbers of the owners of record, and the surveyor, or engineer preparing the map.
_____ List the names, addresses and telephone numbers of all utility companies which will serve the project including, but not limited to, water supply, sewage disposal, telephone, cable, electrical and natural gas. _____ Clearly show the north arrow (directed toward the top of the map),the scale of the plan, the boundary lines, dimensions of the project and the date of preparation of the plan. _____ Provide a vicinity map at a scale of one (1) inch equals eight hundred (800) feet of the area showing the proposed subdivision in relation to the adjacent subdivision, established roads, landmarks, etc., within one –quarter (1/4) mile of the exterior boundaries of the proposed project. _____ List the Assessor’s Parcel Number (s) for the entire project. _____ Provide a legal description of the land included within the proposed project. _____ Provide information demonstrating legal, dedicated access to the subdivision and all proposed lots within the subdivision. Also demonstrate that no adjoining parcels are landlocked subsequent to the proposed project. _____ Show all boundary lines of the proposed project with appropriate bearings and distances. _____ Show the General Plan land use designation, zoning district classification and land use or uses of the adjoining property within one hundred (100) feet of the proposed project, including that which is across any streets. Indicate the distances from all property lines and use of any structures on adjoining property. _____ Show the locations, names and existing rights-of all adjoining highways, streets, alleys and /or ways, roads, etc. If none exist, show access to the property. _____ Show the centerline profile and grade for each proposed highway, street or drainage improvement shown on the plan.
_____ Show the width and location of all recorded and/or proposed easements, dedication of streets or rights-of-way. _____ Show the radius of all curves on highways and streets. _____ Show the location and outline, to scale, of each existing building, utility pole or other above ground structure. Note on the map whether such building, pole or structure is to be removed from, or remain within the project. _____ Show the location of existing and proposed water lines, sewers, culverts, bridges, drain pipes, fire hydrants and water wells within the project.
_____ Total square footage of each building, number of stories, number and size of dwelling units and number of bedrooms, it applicable.
_____ Number of parking and loading spaces required and provided. _____ Square footage and percent of the site devoted to building, landscaping, and paved areas for parking and circulation.
_____ Property lines, dimensions, and net lot area.
_____ Footprint of all structures and any overhangs or projections. _____ Location of all entrances and loading doors.
92 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 11 Revised 10.21.2021
_____ All setbacks and distances between buildings and/or structures. _____ Location, typical dimensions, and type of surfacing for all driveways, parking spaces and loading areas. _____ Location of all trash enclosures, transformers and any equipment outside of building. _____ Location, height, and materials of all walls and fences. _____ Location of all existing fire hydrants.
_____ Proposed phases of project (if any).

CHECKLIST OF REQUIRED INFORMATION

PRELIMINARY GRADING AND DRAINAGE PLANS
____ Proposed grades, elevations, slopes, and structures on the site ____ All existing contours and structures on the site and within twenty-five feet (25’) of the boundaries of the site ____ Show proposed sections around property boundaries
____ Show locations and limits of any existing floodway and floodplain areas ____ Location and elevation of all existing and proposed circulation and drainage improvements, including streets, curbs, driveways, sidewalks, median islands, and drainage courses on the site and within 100 feet of the boundaries of the site
____ Preliminary drainage plan shall show or explain the drainage area tributary to the site and include a statement setting forth in detail the manner in which storm water runoff will enter the site, the manner in which it will be carried through the site, and the manner in which disposal beyond the site boundaries be accomplished. Detention basins may be required unless storm water is directed to an improved storm drain facility.

ARCHITECTURAL ELEVATIONS
____ Fully dimension all elevations from lowest to highest points ____ Call out material and colors (provide samples)
____ Show variation in plane and textures to demonstrate architectural compatibility with surrounding developments

FLOOR PLANS
____ Show dimensions and Square footage of unit(s)
____ Show eave projections past wall
____ Shade in additions(s)

CONCEPTUAL LANDSCAPING PLANS
____ Plant pallet and sizes of materials
____ Locations and numbers of trees, shrubs and acres of ground covering, including spacing of ground cover. Identify slope areas.
____ Proposed wall & fences and their materials
____ For Tentative Tract Maps landscape plans should address streetscapes, entry statements, and public spaces such as detention basins.

SPECIAL STUDIES - Studies that may be appropriate to identify necessary mitigation measures to support findings of “No Significant Impact” after mitigation. These may typically include the following:
• Preliminary Drainage and hydrology studies. The Preliminary Hydrology Study shall identify offsite flows the impact the proposed development and identify the increased onsite flows. The Study shall address how the proposed development shall accept offsite flows that impact the proposed development and demonstrate how the proposed development will safely convey the offsite flows while protecting the proposed development. The Study shall also demonstrate how the proposed development will reduce the increased onsite runoff to less than 90% of pre-developed drainage runoff flows. The Preliminary Hydrology Study shall be engineered using County of San Bernardino Flood Control methodologies and included 93 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 12 Revised 10.21.2021
calculations, maps, diagrams and a written summary that contains recommendation of how offsite flows and increased onsite runoff shall be mitigated.
• Biological Habitat Survey (Primary Focus: Desert Tortoise, Mojave Ground Squirrel, Burrowing Owl, Loggerhead Shrike, Sharpshinned Hawk)
• Utility Feasibility Study (UFS). A UFS is prepared by the City Engineer to determine if sufficient sewer or water capacity is available to service the proposed project, and to determine how the project shall connect to existing sewer or water infrastructure. If a UFS is required, a UFS application shall to be completed by the project applicant and submitted to the Public Works Engineering Department for processing. • Traffic Circulation Plan. The Traffic Circulation Plan shall include internal circulation, the minimum County Fire required points of connection from internal circulation to external existing circulation, and shall include two paved all-weather access points to existing paved all-weather circulation access. Within the Traffic Circulation Plan the applicant shall demonstrate full legal access and right-of-way for all improvements not completely contain within the applicants project site.

Internal circulation shall not allow cul-de-sacs longer than 600 feet and local roads with driveways longer than 1,000 feet. Local Streets along the project boundary shall be constructed to a minimum half-width of 30 feet of asphalt concrete paving with 18 feet of paving to the centerline plus a lane of 12 feet of paving on the other side of the centerline plus a 6 feet wide graded shoulder a shall have a total right-of-way of 60 feet. Internal Local Streets shall be constructed to full width of a of 36 feet wide and shall have a total right-of-way of 60 feet. Cul-de-sacs shall be constructed of a radius of 45 feet to curb-face and shall have a right-of-way radius of 57 feet. The minimum County Fire required points of connection from internal circulation to external existing circulation are as follows:
1 to 50 Dwelling Units 2 connection points
51 to 100 Dwelling Units 3 connection points
101 to 175 Dwelling Units 4 connection points
176 to 275 Dwelling Units 5 connection points
276 to 375 Dwelling Units 6 connection points
376 to 475 Dwelling Units 7 connection points
The two paved all-weather access points to existing paved all-weather circulation access must travel along two separate non-intersecting paths and one access point must be along a road designated General Plan Major Collector or larger. Minimum paved all-weather access shall be 26 feet wide with 6 feet wide graded shoulders on each side.

Preliminary Drainage and Hydrology Studies
Please explain how post constructed storm water will be mitigated:
94 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 13 Revised 10.21.2021

Development Services Department

DEPOSIT FEE ACKNOWLEDGEMENT
The City operates on the basis of full cost recovery for the processing of planning projects. Deposits made at the time of application are estimated costs for processing of applications, however, additional deposits may be required to cover the projected costs for review of projects. If at any time deposits are insufficient to cover projected costs, processing of the project will be stopped until sufficient additional funds are deposited with the City. Lack of sufficient funds on deposit will suspend any required processing time frames.

Acknowledgement: I hereby certify that I understand the information regarding deposits for processing costs.
_______________________________________________________________________________ Applicant’s Signature Date Property Owner’s Signature Date 95 Via Email
June 15, 2022
Chris Waggener, Chair
Terry Delgado, Vice Chair
Angelo Meza, Commissioner
Laura Villa, Commissioner
Miguel Soto, Commissioner
Planning Commission
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Nyeka Allen, Development Services
Facilitator
Development Services
City of Adelanto
11600 Air Expressway
Adelanto, CA. 92301
[email protected]
Re: Comment on proposed CEQA Infill Exemption for Conditional Use Permit 22-05 & Location Development Plan 22-05 (Industrial Buildings at Primrose Street and Adelanto Road); Planning Commission Agenda Item 1
Dear Chair Waggener, Vice Chair Delgado, and Honorable Commissioners:

I am writing on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”) regarding the project known as Conditional Use Permit 22-05 & Location Development Plan 22-05, including all actions related or referring to the construction of five buildings totaling 213,000 square feet for cannabis cultivation, transportation, and distribution uses, located on a 4.2-acre site at the southeast corner of Primrose Street and Adelanto Road in the City of Adelanto (“Project”), which is being heard tonight by the Planning Commission as Agenda Item 1.

SAFER objects to the City staff’s decision to exempt the Project from review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15332 of the CEQA Guidelines, and argues that CEQA review is required for the Project.

For this reason, SAFER requests that the Planning Commission decline to approve the Project unless and until proper CEQA review is conducted.

These comments are supported by the expert comments of environmental consulting firm Soil, Water, Air Protection Enterprise (“SWAPE”), and Certified 96 June 15, 2022
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Industrial Hygienist Francis “Bud” Offermann. SWAPE’s and Mr. Offermann’s comments and CVs are attached as Exhibit A and B, respectively.

I. LEGAL STANDARD
As the California Supreme Court has held, “[i]f no EIR has been prepared for a nonexempt project, but substantial evidence in the record supports a fair argument that the project may result in significant adverse impacts, the proper remedy is to order preparation of an EIR.” Communities for a Better Env’t v. South Coast Air Quality Mgmt. Dist. (2010) 48 Cal.4th 310, 319-20 [citing No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 75, 88]; Brentwood Assn. for No Drilling, Inc. v. City of Los Angeles (1982) 134 Cal.App.3d 491, 504–505. “Significant environmental effect” is defined very broadly as “a substantial or potentially substantial adverse change in the environment.” Pub. Res. Code (“PRC”) § 21068; see also, 14 CCR § 15382. An effect on the environment need not be “momentous” to meet the CEQA test for significance; it is enough that the impacts are “not trivial.” No Oil, Inc., 13 Cal.3d at

83. “The ‘foremost principle’ in interpreting CEQA is that the Legislature intended the act to be read so as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language.” Communities for a Better Env’t v.

Cal. Res. Agency (2002) 103 Cal.App.4th 98, 109.

The EIR is the very heart of CEQA. Bakersfield Citizens for Local Control v.

City of Bakersfield (2004) 124 Cal.App.4th 1184, 1214 [“Bakersfield Citizens”]; Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, 927. The EIR is an “environmental ‘alarm bell’ whose purpose is to alert the public and its responsible officials to environmental changes before they have reached the ecological points of no return.” Bakersfield Citizens, 124 Cal.App.4th at 1220. The EIR also functions as a “document of accountability,” intended to “demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and considered the ecological implications of its action.” Laurel Heights Improvements Assn. v. Regents of Univ. of Cal. (1988) 47 Cal.3d 376, 392. The EIR process “protects not only the environment but also informed self-government.” Pocket Protectors, 124 Cal.App.4th at 927.

To achieve its objectives of environmental protection, CEQA has a threetiered structure. 14 CCR § 15002(k); Committee to Save the Hollywoodland Specific Plan v. City of Los Angeles (2008) 161 Cal.App.4th 1168, 1185-86. First, if a project falls into an exempt category, or it can be seen with certainty that the activity in question will not have a significant effect on the environment, no further agency evaluation is required. Id. Second, if there is a possibility the project will have a significant effect on the environment, the agency must perform an initial threshold 97 June 15, 2022
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study. Id.; 14 CCR § 15063(a). If the study indicates that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment the agency may issue a negative declaration. Id.; 14 CCR §§ 15063(b)(2), 15070. Finally, if the project will have a significant effect on the environment, an EIR is required. Id.

The classes of projects which are exempt from the provisions of CEQA are called categorical exemptions. 14 CCR §§ 15300, 15354. “Exemptions to CEQA are narrowly construed and ‘[e]xemption categories are not to be expanded beyond the reasonable scope of their statutory language.’ [Citations].” Mountain Lion Foundation v. Fish & Game Com. (1997) 16 Cal.4th 105, 125. The determination as to the appropriate scope of a categorical exemption is a question of law subject to independent, or de novo, review. San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School Dist., (2006) 139 Cal.

App. 4th 1356, 1375 [“[Q]uestions of interpretation or application of the requirements of CEQA are matters of law. [Citations.] Thus, for example, interpreting the scope of a CEQA exemption presents ‘a question of law, subject to de novo review by this court.’ [Citations].”]. In addition, there are several exceptions to CEQA’s categorical exemptions. See, 14 CCR § 15300.2. The City has chosen to proceed under a Categorical Exemption for In-Fill Development, but as demonstrated below, the Project does not quality for that exemption and the City must prepare an initial study and determine the appropriate level of CEQA review.

II. DISCUSSION
A. The Class 32 Exemption Does Not Apply on its Face.

The City is relying on the Class 32 (in-fill development) categorical exemption for this project. The Class 32 exemption provides:

Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section.
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially
surrounded by urban uses.
(c) The project site has no value, as habitat for endangered, rare or threatened species.
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(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services.
14 CCR § 15332 [emph. added].

One of the key limitations of the Class 32 exemption is that it does not apply if the project will result in any significant effects relating to traffic, noise, air quality, or water quality. 14 CCR § 15332(d). Here, the exemption cannot apply because there is substantial evidence in the record demonstrating that the Project may have significant impacts on air quality.

1. The Project Will Have Significant Construction-Related Air Quality Impacts.

Matt Hagemann, P.G., C.Hg., and Dr. Paul E. Rosenfeld, Ph.D., of the environmental consulting firm SWAPE reviewed the City’s analysis of the Project’s impacts on air quality and greenhouse gases.1 SWAPE’s comment letter and CVs are attached as Exhibit A and their comments are briefly summarized here.

In order to estimate the Project’s construction-related and operational emissions, SWAPE used CalEEMod Version 2020.4.0 and Project-specific information from the Agenda. Ex. A, p. 2. SWAPE’s modeling demonstrated that the Project’s construction-related Volatile Organic Compound (VOC) emissions would be 248.7 pounds per day, exceeding the Mojave Desert Air Quality Management District threshold of 137 pounds per day. Id. This represents a potentially significant construction-related air quality impact which requires mitigation. The City must prepare an EIR, or at least an MND, to properly assess these impacts.

2. The Project Will Have a Significant Health Risk Impact from Indoor Air Emissions and Impacts From Plant Operation
Odors.

Certified Industrial Hygienist, Francis “Bud” Offermann, PE, CIH, conducted a review of the proposed Project. Indoor Environmental Engineering Comments (June 1 SWAPE only reviewed the Agenda for the Project, as additional documents were unavailable for their review. A Public Records Act request was sent on March 19, 2022 (see Exhibit C). On June 13, 2022, the City stated that documents were available on the website, but no relevant Project documents were found as of June 14, 2022. On June 14, 2022, at 1:06 pm, SAFER was finally emailed the Categorical Exemption for the Project, but that provided insufficient time for SWAPE to review.
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14, 2022). Mr. Offermann concludes that it is likely that the Project will have potentially significant outdoor air quality impacts from cannabis production activities.

He also found that the Project will expose commercial employees of the Project to significant impacts related to indoor air quality, and in particular, emissions of the cancer-causing chemical formaldehyde. Mr. Offermann is a leading expert on indoor air quality and odors and has published extensively on the topics. Mr. Offermann’s expert comments and curriculum vitae are attached as Exhibit B.

With regard to outdoor air quality impacts, Mr. Offermann explains that “[g]rowing, curing, and dried cannabis all produce large amounts of volatile organic compounds with low odor thresholds, including nonanal, decanol, o-cymene, isobutyraldehyde, 1-chloroacetophenone, nerol, propylamine, o-guaiacol, linalyl acetate, methyl, anthranilate, benzaldehyde, and limonene (Rice and Koziel, 2015).” Ex. B, p. 2. He therefore recommends the following mitigation measures be implemented to control potential odors from operation of the plant:
• Automatic door closers that close doors within 3 seconds; • Maintenance of a minimum negative air pressure of 0.02 inches of water;
• Use of an activated charcoal filter;
• Operation of an air purifier with an activated carbon filter; • Keeping a daily odor log;
• Preparation of a maintenance schedule for exhaust fans, activated charcoal filters, and automatic door closers;
• Staff training to ensure proper control of odors
Ex. B, p. 2-4.

With regard to indoor air quality impacts, Mr. Offermann next states that many composite wood products used in building materials and furnishings commonly found in offices, warehouses, residences, and hotels contain formaldehyde-based glues which off-gas formaldehyde over a very long time period. He states, “[t]he primary source of formaldehyde indoors is composite wood products manufactured with urea-formaldehyde resins, such as plywood, medium density fiberboard, and particleboard. These materials are commonly used in building construction for flooring, cabinetry, baseboards, window shades, interior doors, and window and door trims.” Ex. B, p. 5.

Formaldehyde is a known human carcinogen. Mr. Offermann states that future commercial employees of the Project would be exposed to a 17.7 in one million cancer risk even assuming all materials are compliant with the California Air Resources Board’s formaldehyde airborne toxics control measure. Id. at 7. This 100
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potential exposure level exceeds the CEQA significance threshold for airborne cancer risk of 10 per million.

Mr. Offermann identifies mitigation measures that are available to reduce these significant health risks, including the installation of air filters and a requirement that the applicant use only composite wood materials (e.g. hardwood plywood, medium density fiberboard, particleboard) for all interior finish systems that are made with CARB approved no-added formaldehyde (NAF) resins or ultra-low emitting formaldehyde (ULEF) resins in the buildings’ interiors. Id. at 13-14. These significant environmental impacts should be analyzed in an MND or an EIR and mitigation measures should be imposed to reduce the risk of formaldehyde exposure.

B. The Unusual Circumstances Exception Precludes Reliance on the Class 32 Exemption.

A categorical exemption is inapplicable “where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.” 14 CCR 15300.2(c). Here, the Project does not present the same general risk of environmental impacts as other projects falling under Class 32 exemptions and therefore the exemption cannot apply.

In Berkeley Hillside, the California Supreme Court explained that there are two ways a party may invoke the unusual circumstances exception. First, “a party may establish an unusual circumstance with evidence that the project will have a significant environmental effect. That evidence, if convincing, necessarily also establishes ‘a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.’” Berkeley Hillside Preservation v.

City of Berkeley (2015) 60 Cal.4th 1086, 1105 [emph. added]. Alternatively, “[a] party invoking the exception may establish an unusual circumstance without evidence of an environmental effect, by showing that the project has some feature that distinguishes it from others in the exempt class, such as its size or location. In such a case, to render the exception applicable, the party need only show a reasonable possibility of a significant effect due to that unusual circumstance.” Id.

Here, unlike other in-fill exemption projects, this Project will have a significant odor impact, as discussed above. The fact that these significant impacts may occur constitutes an unusual circumstance, precluding the City’s reliance on an exemption. //
//
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III. CONCLUSION
The City cannot rely on a Class 32 exemption because of the Project’s potential indoor and outdoor air quality impacts. The Project does not meet the terms of the exemption, and even if it did, unusual circumstance prelude reliance on an exemption. Accordingly, the City must prepare an initial study to determine the appropriate level of environmental review to undertake pursuant to CEQA. Thank you for considering these comments.

Sincerely,
Amalia Bowley Fuentes
Lozeau | Drury LLP
102

EXHIBIT A
103
2656 29th Street, Suite 201
Santa Monica, CA 90405
Matt Hagemann, P.G, C.Hg.
(949) 887-9013
[email protected]
Paul E. Rosenfeld, PhD
(310) 795-2335
[email protected]
June 14, 2022
Amalia Bowley Fuentes
Lozeau | Drury LLP
1939 Harrison Street, Suite 150
Oakland, CA 94618
Subject: Comments on the Conditional Use Permit 22-05 & Location Development Plan 22-05 Dear Ms. Fuentes,
We have reviewed the May 2022 Planning Commission Agenda Report (“Agenda”) for the Conditional Use Permit 22-05 & Location Development Plan 22-05 (“Project”) located in the City of Adelanto (“City”).

The Project proposes to construct 213,000-square-feet (“SF”) of manufacturing space for the establishment of a cannabis facility.

Our review concludes that the Agenda fails to adequately evaluate the Project’s air quality and greenhouse gas impacts. As a result of our findings, the proposed Project does not qualify for a Class 32 Categorical Exemption under the California Environmental Quality Act (“CEQA”) and 14 Cal. Code of Regs. 1500 et seq. (“CEQA Guidelines”) and, therefore, a full CEQA analysis must be prepared to adequately assess and mitigate the potential air quality and greenhouse gas impacts that the Project may have on the environment.

Air Quality
Incorrect Reliance on CEQA Guidelines § 15332
The Agenda claims that the project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Guidelines Section 15332. Specifically, the Agenda concludes:
“The City of Adelanto, in its capacity as Lead Agency for the proposed project, determined that the proposed project is categorically exempt pursuant to Section 15332 of the California Environmental Quality Act, finding the project qualifies as a Class 32 In-Fill Development Project as the project will not have a significant impact on the environment” (p. 6). 104
2 According to § 15332 of the CEQA Guidelines, a project can only be characterized as an in-fill development and qualify for a Class 32 Categorical Exemption if “approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.” However, Agenda fails to quantitatively evaluate the air quality impacts associated with Project construction and operation. As such, the Agenda fails to adequately disclose the Project’s potential air quality impact on the surrounding environment per CEQA Guidelines § 15332. Therefore, the Project is ineligible for a Class 32 Categorical Exemption and a full CEQA analysis should be prepared.

SWAPE Analysis Indicates a Potentially Significant Air Quality Impact In an effort to estimate the Project’s construction-related and operational emissions, we utilized the California Emissions Estimator Model (“CalEEMod”) Version 2020.4.0, as well as the Project-specific information provided by the Agenda.
1 CalEEMod provides recommended default values based on sitespecific information, such as land use type, meteorological data, total lot acreage, project type and typical equipment associated with project type.

In our model, we included 213,000-SF of the “Manufacturing” land use type and 115 spaces of the “Parking Lot” land use type (p. 1). As the Agenda indicates that the existing site is currently vacant, we did not include any amount of building demolition in the model (p. 2). Finally, we assumed that the Project would be located within Climate Zone 10 and the Project’s utilities would be provided by Southern California Edison. 2, 3 All other values were left as default.

Our updated analysis estimates that the Project’s construction-related VOC emissions would exceed the applicable Mojave Desert Air Quality Management District (“MDAQMD”) threshold of 137 pounds per day (“lbs/day”) (see table below).4
SWAPE Criteria Air Pollutant Emissions
Construction VOC
(lbs/day)
SWAPE 248.7
MDAQMD Threshold 137
Exceeds? Yes
1 “CalEEMod Version 2020.4.0.” California Air Pollution Control Officers Association (CAPCOA), March 2022, available at: http://www.aqmd.gov/caleemod/download-model. 2 “Appendix F – Climate Zones Lookup.” CAPCOA, September 2016, available at:
http://www.aqmd.gov/caleemod/user's-guide. 3 “Southern California Edison’s Service Area.” Southern California Edison, April 2019, available at:
https://download.newsroom.edison.com/create_memory_file/?f_id=5cc32d492cfac24d21aecf4c&content_verifie d=True, pp. 2. 4 “California Environmental Quality Act (CEQA) And Federal Conformity Guidelines.” MDAQMD, August 2016, available at: https://www.mdaqmd.ca.gov/home/showdocument?id=192#:~:text=Significance%20Thresholds,- Any%20project%20is&text=Exposes%20sensitive%20receptors%20to%20substantial,than%20or%20equal%20to%2 01, p. 10.
105
3 As you can see in the table above, the Project’s construction-related VOC emissions, as estimated by SWAPE, exceed the applicable MDAQMD significance threshold. Thus, the Project would result in a potentially significant construction-related air quality impact that should be mitigated. As a result, the Project should not be approved until a full CEQA analysis is prepared to adequately quantify and mitigate the Project’s potential construction-related emissions.

Greenhouse Gas
Failure to Adequately Evaluate Greenhouse Gas Impacts
As discussed above, the Agenda fails to demonstrate that the Project would result in less-thansignificant air quality impacts. Thus, the Agenda’s claim that the Project is eligible for an exemption pursuant to CEQA Guidelines § 15332(d) should not be relied upon. As a result, a full CEQA analysis should be prepared evaluating the Project’s potential greenhouse gas (“GHG”) emissions.

Mitigation
Feasible Mitigation Measures Available to Reduce Emissions Our analysis demonstrates that the Project would result in a potentially significant air quality impact that should be mitigated further. As such, in an effort to reduce the Project’s emissions, we identified several mitigation measures that are applicable to the proposed Project. Therefore, to reduce the Project’s emissions, we recommend consideration of SCAG’s 2020 RTP/SCS PEIR’s Air Quality Project Level Mitigation Measures (“PMM-AQ-1”), as described below: 5 SCAG RTP/SCS 2020-2045
Air Quality Project Level Mitigation Measures – PMM-AQ-1:

In accordance with provisions of sections 15091(a)(2) and 15126.4(a)(1)(B) of the State CEQA Guidelines, a Lead Agency for a project can and should consider mitigation measures to reduce substantial adverse effects related to violating air quality standards. Such measures may include the following or other comparable measures identified by the Lead Agency:
a) Minimize land disturbance.
b) Suspend grading and earth moving when wind gusts exceed 25 miles per hour unless the soil is wet enough to prevent dust plumes.
c) Cover trucks when hauling dirt.
d) Stabilize the surface of dirt piles if not removed immediately. e) Limit vehicular paths on unpaved surfaces and stabilize any temporary roads. f) Minimize unnecessary vehicular and machinery activities. g) Sweep paved streets at least once per day where there is evidence of dirt that has been carried on to the roadway.
5 “4.0 Mitigation Measures.” Connect SoCal Program Environmental Impact Report Addendum #1, September 2020, available at: https://scag.ca.gov/sites/main/files/fileattachments/fpeir_connectsocal_addendum_4_mitigationmeasures.pdf?1606004420, p. 4.0-2 – 4.0-10; 4.0-19 –

4.0-23; See also: “Certified Final Connect SoCal Program Environmental Impact Report.” Southern California Association of Governments (SCAG), May 2020, available at: https://scag.ca.gov/peir. 106
4 h) Revegetate disturbed land, including vehicular paths created during construction to avoid future off-road vehicular activities.
i) On Caltrans projects, Caltrans Standard Specifications 10-Dust Control, 17-Watering, and 18-Dust Palliative shall be incorporated into project specifications.
j) Require contractors to assemble a comprehensive inventory list (i.e., make, model, engine year, horsepower, emission rates) of all heavy-duty off-road (portable and mobile) equipment (50 horsepower and greater) that could be used an aggregate of 40 or more hours for the construction project. Prepare a plan for approval by the applicable air district demonstrating achievement of the applicable percent reduction for a CARB-approved fleet.
k) Ensure that all construction equipment is properly tuned and maintained. l) Minimize idling time to 5 minutes—saves fuel and reduces emissions. m) Provide an operational water truck on-site at all times. Use watering trucks to minimize dust; watering should be sufficient to confine dust plumes to the project work areas. Sweep paved streets at least once per day where there is evidence of dirt that has been carried on to the roadway. n) Utilize existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators.
o) Develop a traffic plan to minimize traffic flow interference from construction activities. The plan may include advance public notice of routing, use of public transportation, and satellite parking areas with a shuttle service.

Schedule operations affecting traffic for off-peak hours. Minimize obstruction of through-traffic lanes. Provide a flag person to guide traffic properly and ensure safety at construction sites. p) As appropriate require that portable engines and portable engine-driven equipment units used at the project work site, with the exception of on-road and off-road motor vehicles, obtain CARB Portable Equipment Registration with the state or a local district permit. Arrange appropriate consultations with the CARB or the District to determine registration and permitting requirements prior to equipment operation at the site. q) Require projects within 500 feet of residences, hospitals, or schools to use Tier 4 equipment for all engines above 50 horsepower (hp) unless the individual project can demonstrate that Tier 4 engines would not be required to mitigate emissions below significance thresholds. r) Projects located within the South Coast Air Basin should consider applying for South Coast AQMD “SOON” funds which provides funds to applicable fleets for the purchase of commercially available low-emission heavyduty engines to achieve near-term reduction of NOx emissions from in-use off-road diesel vehicles. t) Where applicable, projects should provide information about air quality related programs to schools, including the Environmental Justice Community Partnerships (EJCP), Clean Air Ranger Education (CARE), and Why Air Quality Matters programs.
u) Projects should work with local cities and counties to install adequate signage that prohibits truck idling in certain locations (e.g., near schools and sensitive receptors). y) Projects that will introduce sensitive receptors within 500 feet of freeways and other sources should consider installing high efficiency of enhanced filtration units, such as Minimum Efficiency Reporting Value (MERV) 13 or better. Installation of enhanced filtration units can be verified during occupancy inspection prior to the issuance of an occupancy permit.
z) Develop an ongoing monitoring, inspection, and maintenance program for the MERV filters. bb) The following criteria related to diesel emissions shall be implemented on by individual project sponsors as appropriate and feasible:
- Diesel nonroad vehicles on site for more than 10 total days shall have either (1) engines that meet EPA on road emissions standards or (2) emission control technology verified by EPA or CARB to reduce PM emissions by a minimum of 85%
- Diesel generators on site for more than 10 total days shall be equipped with emission control technology verified by EPA or CARB to reduce PM emissions by a minimum of 85%. - Nonroad diesel engines on site shall be Tier 2 or higher. - Diesel nonroad construction equipment on site for more than 10 total days shall have either (1) engines meeting EPA Tier 4 nonroad emissions standards or (2) emission control technology verified by EPA or 107
5 CARB for use with nonroad engines to reduce PM emissions by a minimum of 85% for engines for 50 hp and greater and by a minimum of 20% for engines less than 50 hp. - Emission control technology shall be operated, maintained, and serviced as recommended by the emission control technology manufacturer.
- Diesel vehicles, construction equipment, and generators on site shall be fueled with ultra-low sulfur diesel fuel (ULSD) or a biodiesel blend approved by the original engine manufacturer with sulfur content of 15 ppm or less.
- The construction contractor shall maintain a list of all diesel vehicles, construction equipment, and generators to be used on site. The list shall include the following:
i. Contractor and subcontractor name and address, plus contact person responsible for the vehicles or equipment.
ii. Equipment type, equipment manufacturer, equipment serial number, engine manufacturer, engine model year, engine certification (Tier rating), horsepower, engine serial number, and expected fuel usage and hours of operation.
iii. For the emission control technology installed: technology type, serial number, make, model, manufacturer, EPA/CARB verification number/level, and installation date and hour-meter reading on installation date.
- The contractor shall establish generator sites and truck-staging zones for vehicles waiting to load or unload material on site. Such zones shall be located where diesel emissions have the least impact on abutters, the general public, and especially sensitive receptors such as hospitals, schools, daycare facilities, elderly housing, and convalescent facilities. - The contractor shall maintain a monthly report that, for each on road diesel vehicle, nonroad construction equipment, or generator onsite, includes:
i. Hour-meter readings on arrival on-site, the first and last day of every month, and on off-site date.
ii. Any problems with the equipment or emission controls. iii. Certified copies of fuel deliveries for the time period that identify:

1. Source of supply

2. Quantity of fuel

3. Quantity of fuel, including sulfur content (percent by weight) cc) Project should exceed Title-24 Building Envelope Energy Efficiency Standards (California Building Standards Code). The following measures can be used to increase energy efficiency:
- Provide pedestrian network improvements, such as interconnected street network, narrower roadways and shorter block lengths, sidewalks, accessibility to transit and transit shelters, traffic calming measures, parks and public spaces, minimize pedestrian barriers. - Provide traffic calming measures, such as:
i. Marked crosswalks
ii. Count-down signal timers
iii. Curb extensions iv. Speed tables
iv. Raised crosswalks
v. Raised intersections
vi. Median islands
vii. Tight corner radii
viii. Roundabouts or mini-circles
ix. On-street parking
x. Chicanes/chokers
- Create urban non-motorized zones
- Provide bike parking in non-residential and multi-unit residential projects - Dedicate land for bike trails
- Limit parking supply through:
i. Elimination (or reduction) of minimum parking requirements ii. Creation of maximum parking requirements
iii. Provision of shared parking
108
6 - Require residential area parking permit.
- Provide ride-sharing programs
i. Designate a certain percentage of parking spacing for ride sharing vehicles ii. Designating adequate passenger loading and unloading and waiting areas for ride-sharing vehicles
iii. Providing a web site or messaging board for coordinating rides iv. Permanent transportation management association membership and finding requirement.

These measures offer a cost-effective, feasible way to incorporate lower-emitting design features into the proposed Project, which subsequently, reduce emissions released during Project construction and operation. A full CEQA analysis should be prepared to include all feasible mitigation measures, as well as include an updated air quality analysis to ensure that the necessary mitigation measures are implemented to reduce emissions to below thresholds. The full CEQA analysis should also demonstrate a commitment to the implementation of these measures prior to Project approval, to ensure that the Project’s significant emissions are reduced to the maximum extent possible.

Disclaimer
SWAPE has received limited discovery regarding this project. Additional information may become available in the future; thus, we retain the right to revise or amend this report when additional information becomes available. Our professional services have been performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable environmental consultants practicing in this or similar localities at the time of service. No other warranty, expressed or implied, is made as to the scope of work, work methodologies and protocols, site conditions, analytical testing results, and findings presented. This report reflects efforts which were limited to information that was reasonably accessible at the time of the work, and may contain informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of information obtained or provided by third parties.

Sincerely,
Matt Hagemann, P.G., C.Hg.

Paul E. Rosenfeld, Ph.D.

Attachment A: CalEEMod Output Files
Attachment B: Matt Hagemann CV
Attachment C: Paul E. Rosenfeld CV
109
Primrose and Adelanto
Mojave Desert Air Basin, Annual
Project Characteristics - Consistent with Project-specific information provided in the Agenda.

Land Use - Consistent with Project-specific information provided in the Agenda.

1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population Manufacturing 213.00 1000sqft 4.89 213,000.00 0
Parking Lot 115.00 Space 1.03 46,000.00 0

1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
10 Wind Speed (m/s) 2.6 Precipitation Freq (Days) 31

1.3 User Entered Comments & Non-Default Data

1.0 Project Characteristics

2.0 Emissions Summary
Utility Company Southern California Edison
Operational Year 2024
CO2 Intensity
(lb/MWhr)
390.98 CH4 Intensity 0.033
(lb/MWhr)
N2O Intensity 0.004
(lb/MWhr)
Table Name Column Name Default Value New Value
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 30 Date: 6/10/2022 9:47 AM Primrose and Adelanto - Mojave Desert Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Attachment A
110

2.1 Overall Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2022 0.1661 1.4866 1.4355 2.9800e0030.2279 0.0701 0.2980 0.1007 0.0655 0.1662 0.0000 263.7969 263.7969 0.0515 6.7000e003267.0799 2023 2.6306 1.2026 1.4952 3.1500e0030.0807 0.0539 0.1346 0.0219 0.0507 0.0725 0.0000 279.2635 279.2635 0.0454 8.9100e003283.0519 Maximum 2.6306 1.4866 1.4952 3.1500e0030.2279 0.0701 0.2980 0.1007 0.0655 0.1662 0.0000 279.2635 279.2635 0.0515 8.9100e003283.0519 Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2022 0.1661 1.4866 1.4355 2.9800e0030.2279 0.0701 0.2980 0.1007 0.0655 0.1662 0.0000 263.7967 263.7967 0.0515 6.7000e003267.0797 2023 2.6306 1.2026 1.4952 3.1500e0030.0807 0.0539 0.1346 0.0219 0.0507 0.0725 0.0000 279.2633 279.2633 0.0454 8.9100e003283.0517 Maximum 2.6306 1.4866 1.4952 3.1500e0030.2279 0.0701 0.2980 0.1007 0.0655 0.1662 0.0000 279.2633 279.2633 0.0515 8.9100e003283.0517 Mitigated Construction
CalEEMod Version: CalEEMod.2020.4.0 Page 2 of 30 Date: 6/10/2022 9:47 AM Primrose and Adelanto - Mojave Desert Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 111
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter) Maximum Mitigated ROG + NOX (tons/quarter) 1 6-10-2022 9-9-2022 0.8516 0.8516
2 9-10-2022 12-9-2022 0.6482 0.6482
3 12-10-2022 3-9-2023 0.5990 0.5990
4 3-10-2023 6-9-2023 0.5968 0.5968
5 6-10-2023 9-9-2023 2.7898 2.7898
Highest 2.7898 2.7898

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 1.0835 3.0000e0053.0100e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0050.0000 5.8600e0035.8600e0032.0000e0050.0000 6.2400e003 Energy 0.0371 0.3376 0.2836 2.0300e0030.0257 0.0257 0.0257 0.0257 0.0000 745.0580 745.0580 0.0389 0.0106 749.1896 Mobile 0.5115 0.8338 4.9118 0.0103 1.0450 9.3400e0031.0543 0.2791 8.7700e0030.2879 0.0000 947.1855 947.1855 0.0568 0.0525 964.2536 Waste 0.0000 0.0000 0.0000 0.0000 53.6140 0.0000 53.6140 3.1685 0.0000 132.8264 Water 0.0000 0.0000 0.0000 0.0000 15.6267 113.7433 129.3701 1.6146 0.0391 181.3758 Total 1.6322 1.1714 5.1984 0.0123 1.0450 0.0350 1.0800 0.2791 0.0344 0.3136 69.2407 1,805.992 7 1,875.233
4 4.8788 0.1022 2,027.651
6 Unmitigated Operational
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0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Page 4 of 30 Date: 6/10/2022 9:47 AM Primrose and Adelanto - Mojave Desert Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 113
4 Building Construction Building Construction 8/19/2022 7/6/2023 5 230 5 Paving Paving 7/7/2023 8/3/2023 5 20
6 Architectural Coating Architectural Coating 8/4/2023 8/31/2023 5 20 OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48
Demolition Concrete/Industrial Saws 1 8.00 81 0.73
Building Construction Cranes 1 7.00 231 0.29
Demolition Excavators 3 8.00 158 0.38
Grading Excavators 1 8.00 158 0.38
Building Construction Forklifts 3 8.00 89 0.20
Building Construction Generator Sets 1 8.00 84 0.74
Grading Graders 1 8.00 187 0.41
Paving Pavers 2 8.00 130 0.42
Paving Paving Equipment 2 8.00 132 0.36
Paving Rollers 2 8.00 80 0.38
Demolition Rubber Tired Dozers 2 8.00 247 0.40
Grading Rubber Tired Dozers 1 8.00 247 0.40
Site Preparation Rubber Tired Dozers 3 8.00 247 0.40
Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Grading Tractors/Loaders/Backhoes 3 8.00 97 0.37
Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 319,500; Non-Residential Outdoor: 106,500; Striped Parking Area: 2,760 (Architectural Coating – sqft)
Acres of Grading (Site Preparation Phase): 15
Acres of Grading (Grading Phase): 20
Acres of Paving: 1.03
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3.2 Demolition - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0264 0.2572 0.2059 3.9000e0040.0124 0.0124 0.0116 0.0116 0.0000 33.9902 33.9902 9.5500e0030.0000 34.2289 Total 0.0264 0.2572 0.2059 3.9000e0040.0124 0.0124 0.0116 0.0116 0.0000 33.9902 33.9902 9.5500e0030.0000 34.2289 Unmitigated Construction On-Site

3.1 Mitigation Measures Construction
Building Construction Welders 1 8.00 46 0.45
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 109.00 42.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 22.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Page 6 of 30 Date: 6/10/2022 9:47 AM Primrose and Adelanto - Mojave Desert Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 115

3.2 Demolition - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.0000e0043.7000e0044.1400e0031.0000e0051.2100e0031.0000e0051.2200e0033.2000e0041.0000e0053.3000e0040.0000 0.9746 0.9746 3.0000e0053.0000e0050.9848 Total 5.0000e0043.7000e0044.1400e0031.0000e0051.2100e0031.0000e0051.2200e0033.2000e0041.0000e0053.3000e0040.0000 0.9746 0.9746 3.0000e0053.0000e0050.9848 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0264 0.2572 0.2059 3.9000e0040.0124 0.0124 0.0116 0.0116 0.0000 33.9902 33.9902 9.5500e0030.0000 34.2289 Total 0.0264 0.2572 0.2059 3.9000e0040.0124 0.0124 0.0116 0.0116 0.0000 33.9902 33.9902 9.5500e0030.0000 34.2289 Mitigated Construction On-Site
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3.3 Site Preparation - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.0000e0042.2000e0042.4900e0031.0000e0057.3000e0040.0000 7.3000e0041.9000e0040.0000 2.0000e0040.0000 0.5847 0.5847 2.0000e0052.0000e0050.5909 Total 3.0000e0042.2000e0042.4900e0031.0000e0057.3000e0040.0000 7.3000e0041.9000e0040.0000 2.0000e0040.0000 0.5847 0.5847 2.0000e0052.0000e0050.5909 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0983 0.0000 0.0983 0.0505 0.0000 0.0505 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0159 0.1654 0.0985 1.9000e0048.0600e0038.0600e0037.4200e0037.4200e0030.0000 16.7197 16.7197 5.4100e0030.0000 16.8549 Total 0.0159 0.1654 0.0985 1.9000e0040.0983 8.0600e0030.1064 0.0505 7.4200e0030.0579 0.0000 16.7197 16.7197 5.4100e0030.0000 16.8549 Mitigated Construction On-Site
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3.4 Grading - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0708 0.0000 0.0708 0.0343 0.0000 0.0343 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0195 0.2086 0.1527 3.0000e0049.4100e0039.4100e0038.6600e0038.6600e0030.0000 26.0548 26.0548 8.4300e0030.0000 26.2654 Total 0.0195 0.2086 0.1527 3.0000e0040.0708 9.4100e0030.0802 0.0343 8.6600e0030.0429 0.0000 26.0548 26.0548 8.4300e0030.0000 26.2654 Unmitigated Construction On-Site
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3.4 Grading - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.0000e0043.7000e0044.1400e0031.0000e0051.2100e0031.0000e0051.2200e0033.2000e0041.0000e0053.3000e0040.0000 0.9746 0.9746 3.0000e0053.0000e0050.9848 Total 5.0000e0043.7000e0044.1400e0031.0000e0051.2100e0031.0000e0051.2200e0033.2000e0041.0000e0053.3000e0040.0000 0.9746 0.9746 3.0000e0053.0000e0050.9848 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0708 0.0000 0.0708 0.0343 0.0000 0.0343 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0195 0.2086 0.1527 3.0000e0049.4100e0039.4100e0038.6600e0038.6600e0030.0000 26.0547 26.0547 8.4300e0030.0000 26.2654 Total 0.0195 0.2086 0.1527 3.0000e0040.0708 9.4100e0030.0802 0.0343 8.6600e0030.0429 0.0000 26.0547 26.0547 8.4300e0030.0000 26.2654 Mitigated Construction On-Site
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3.5 Building Construction - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0819 0.7496 0.7854 1.2900e0030.0388 0.0388 0.0365 0.0365 0.0000 111.2281 111.2281 0.0267 0.0000 111.8943 Total 0.0819 0.7496 0.7854 1.2900e0030.0388 0.0388 0.0365 0.0365 0.0000 111.2281 111.2281 0.0267 0.0000 111.8943 Unmitigated Construction On-Site
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3.5 Building Construction - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.7600e0030.0918 0.0377 4.1000e0040.0135 1.1200e0030.0146 3.8900e0031.0800e0034.9600e0030.0000 39.2772 39.2772 2.0000e0045.5100e00340.9247 Worker 0.0174 0.0131 0.1445 3.7000e0040.0422 2.3000e0040.0424 0.0112 2.1000e0040.0114 0.0000 33.9930 33.9930 1.1900e0031.1000e00334.3511 Total 0.0211 0.1049 0.1821 7.8000e0040.0557 1.3500e0030.0570 0.0151 1.2900e0030.0164 0.0000 73.2702 73.2702 1.3900e0036.6100e00375.2758 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0819 0.7496 0.7854 1.2900e0030.0388 0.0388 0.0365 0.0365 0.0000 111.2280 111.2280 0.0267 0.0000 111.8942 Total 0.0819 0.7496 0.7854 1.2900e0030.0388 0.0388 0.0365 0.0365 0.0000 111.2280 111.2280 0.0267 0.0000 111.8942 Mitigated Construction On-Site
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3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1054 0.9638 1.0884 1.8100e0030.0469 0.0469 0.0441 0.0441 0.0000 155.3092 155.3092 0.0370 0.0000 156.2328 Total 0.1054 0.9638 1.0884 1.8100e0030.0469 0.0469 0.0441 0.0441 0.0000 155.3092 155.3092 0.0370 0.0000 156.2328 Unmitigated Construction On-Site
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3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.9300e0030.1070 0.0489 5.6000e0040.0188 9.1000e0040.0197 5.4300e0038.7000e0046.3000e0030.0000 53.1208 53.1208 2.2000e0047.4200e00355.3372 Worker 0.0224 0.0161 0.1847 5.0000e0040.0589 3.0000e0040.0592 0.0156 2.7000e0040.0159 0.0000 45.9266 45.9266 1.4900e0031.4200e00346.3859 Total 0.0263 0.1230 0.2336 1.0600e0030.0777 1.2100e0030.0789 0.0211 1.1400e0030.0222 0.0000 99.0474 99.0474 1.7100e0038.8400e003101.7231 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1054 0.9638 1.0884 1.8100e0030.0469 0.0469 0.0441 0.0441 0.0000 155.3090 155.3090 0.0370 0.0000 156.2326 Total 0.1054 0.9638 1.0884 1.8100e0030.0469 0.0469 0.0441 0.0441 0.0000 155.3090 155.3090 0.0370 0.0000 156.2326 Mitigated Construction On-Site
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3.6 Paving - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0103 0.1019 0.1458 2.3000e0045.1000e0035.1000e0034.6900e0034.6900e0030.0000 20.0269 20.0269 6.4800e0030.0000 20.1888 Paving 1.3500e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0117 0.1019 0.1458 2.3000e0045.1000e0035.1000e0034.6900e0034.6900e0030.0000 20.0269 20.0269 6.4800e0030.0000 20.1888 Unmitigated Construction On-Site
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3.6 Paving - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.6000e0043.3000e0043.7900e0031.0000e0051.2100e0031.0000e0051.2200e0033.2000e0041.0000e0053.3000e0040.0000 0.9433 0.9433 3.0000e0053.0000e0050.9527 Total 4.6000e0043.3000e0043.7900e0031.0000e0051.2100e0031.0000e0051.2200e0033.2000e0041.0000e0053.3000e0040.0000 0.9433 0.9433 3.0000e0053.0000e0050.9527 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0103 0.1019 0.1458 2.3000e0045.1000e0035.1000e0034.6900e0034.6900e0030.0000 20.0268 20.0268 6.4800e0030.0000 20.1888 Paving 1.3500e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0117 0.1019 0.1458 2.3000e0045.1000e0035.1000e0034.6900e0034.6900e0030.0000 20.0268 20.0268 6.4800e0030.0000 20.1888 Mitigated Construction On-Site
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3.7 Architectural Coating - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 6.7000e0044.8000e0045.5600e0032.0000e0051.7700e0031.0000e0051.7800e0034.7000e0041.0000e0054.8000e0040.0000 1.3835 1.3835 4.0000e0054.0000e0051.3974 Total 6.7000e0044.8000e0045.5600e0032.0000e0051.7700e0031.0000e0051.7800e0034.7000e0041.0000e0054.8000e0040.0000 1.3835 1.3835 4.0000e0054.0000e0051.3974 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 2.4841 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.9200e0030.0130 0.0181 3.0000e0057.1000e0047.1000e0047.1000e0047.1000e0040.0000 2.5533 2.5533 1.5000e0040.0000 2.5571 Total 2.4861 0.0130 0.0181 3.0000e0057.1000e0047.1000e0047.1000e0047.1000e0040.0000 2.5533 2.5533 1.5000e0040.0000 2.5571 Mitigated Construction On-Site
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4.0 Operational Detail - Mobile

4.1 Mitigation Measures Mobile
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ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 0.5115 0.8338 4.9118 0.0103 1.0450 9.3400e0031.0543 0.2791 8.7700e0030.2879 0.0000 947.1855 947.1855 0.0568 0.0525 964.2536 Unmitigated 0.5115 0.8338 4.9118 0.0103 1.0450 9.3400e0031.0543 0.2791 8.7700e0030.2879 0.0000 947.1855 947.1855 0.0568 0.0525 964.2536

4.2 Trip Summary Information

4.3 Trip Type Information
Average Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual VMT
Manufacturing 837.09 1,367.46 1084.17 2,768,147 2,768,147 Parking Lot 0.00 0.00 0.00
Total 837.09 1,367.46 1,084.17 2,768,147 2,768,147
Miles Trip % Trip Purpose %
Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Manufacturing 9.50 7.30 7.30 59.00 28.00 13.00 92 5 3
Parking Lot 9.50 7.30 7.30 0.00 0.00 0.00 0 0 0

4.4 Fleet Mix
Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Manufacturing 0.531780 0.056022 0.172399 0.135630 0.029743 0.007796 0.007114 0.023242 0.000520 0.000194 0.028649 0.001160 0.005752 Parking Lot 0.531780 0.056022 0.172399 0.135630 0.029743 0.007796 0.007114 0.023242 0.000520 0.000194 0.028649 0.001160 0.005752

5.0 Energy Detail
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ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Electricity
Mitigated

0.0000 0.0000 0.0000 0.0000 0.0000 377.5793 377.5793 0.0319 3.8600e003379.5272 Electricity
Unmitigated

0.0000 0.0000 0.0000 0.0000 0.0000 377.5793 377.5793 0.0319 3.8600e003379.5272 NaturalGas
Mitigated

0.0371 0.3376 0.2836 2.0300e0030.0257 0.0257 0.0257 0.0257 0.0000 367.4787 367.4787 7.0400e0036.7400e003369.6624 NaturalGas
Unmitigated

0.0371 0.3376 0.2836 2.0300e0030.0257 0.0257 0.0257 0.0257 0.0000 367.4787 367.4787 7.0400e0036.7400e003369.6624

5.1 Mitigation Measures Energy
Historical Energy Use: N
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0.0371 0.3376 0.2836 2.0300e0030.0257 0.0257 0.0257 0.0257 0.0000 367.4787 367.4787 7.0400e0036.7400e003369.6624 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0371 0.3376 0.2836 2.0300e0030.0257 0.0257 0.0257 0.0257 0.0000 367.4787 367.4787 7.0400e0036.7400e003369.6624 Unmitigated
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Manufacturing 6.88629e
+006

0.0371 0.3376 0.2836 2.0300e0030.0257 0.0257 0.0257 0.0257 0.0000 367.4787 367.4787 7.0400e0036.7400e003369.6624 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0371 0.3376 0.2836 2.0300e0030.0257 0.0257 0.0257 0.0257 0.0000 367.4787 367.4787 7.0400e0036.7400e003369.6624 Mitigated
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6.0 Area Detail

5.3 Energy by Land Use - Electricity
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Manufacturing 2.11296e
+006
374.7240 0.0316 3.8300e003376.6572
Parking Lot 16100 2.8553 2.4000e0043.0000e0052.8700
Total 377.5793 0.0319 3.8600e003379.5272
Unmitigated
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Manufacturing 2.11296e
+006
374.7240 0.0316 3.8300e003376.6572
Parking Lot 16100 2.8553 2.4000e0043.0000e0052.8700
Total 377.5793 0.0319 3.8600e003379.5272
Mitigated
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6.1 Mitigation Measures Area
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 1.0835 3.0000e0053.0100e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0050.0000 5.8600e0035.8600e0032.0000e0050.0000 6.2400e003 Unmitigated 1.0835 3.0000e0053.0100e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0050.0000 5.8600e0035.8600e0032.0000e0050.0000 6.2400e003

6.2 Area by SubCategory
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory tons/yr MT/yr
Architectural
Coating

0.2484 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer
Products

0.8349 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 2.8000e0043.0000e0053.0100e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0050.0000 5.8600e0035.8600e0032.0000e0050.0000 6.2400e003 Total 1.0835 3.0000e0053.0100e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0050.0000 5.8600e0035.8600e0032.0000e0050.0000 6.2400e003 Unmitigated
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7.1 Mitigation Measures Water

7.0 Water Detail

0.2484 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer
Products

0.8349 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 2.8000e0043.0000e0053.0100e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0050.0000 5.8600e0035.8600e0032.0000e0050.0000 6.2400e003 Total 1.0835 3.0000e0053.0100e0030.0000 1.0000e0051.0000e0051.0000e0051.0000e0050.0000 5.8600e0035.8600e0032.0000e0050.0000 6.2400e003 Mitigated
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Total CO2 CH4 N2O CO2e
Category MT/yr
Mitigated 129.3701 1.6146 0.0391 181.3758
Unmitigated 129.3701 1.6146 0.0391 181.3758

7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Manufacturing 49.2563 /
0 129.3701 1.6146 0.0391 181.3758
Parking Lot 0 / 0 0.0000 0.0000 0.0000 0.0000
Total 129.3701 1.6146 0.0391 181.3758
Unmitigated
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8.1 Mitigation Measures Waste

8.0 Waste Detail
Total CO2 CH4 N2O CO2e
MT/yr
Mitigated 53.6140 3.1685 0.0000 132.8264
Unmitigated 53.6140 3.1685 0.0000 132.8264
Category/Year
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8.2 Waste by Land Use
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Manufacturing 264.12 53.6140 3.1685 0.0000 132.8264
Parking Lot 0 0.0000 0.0000 0.0000 0.0000
Total 53.6140 3.1685 0.0000 132.8264
Unmitigated
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Manufacturing 264.12 53.6140 3.1685 0.0000 132.8264
Parking Lot 0 0.0000 0.0000 0.0000 0.0000
Total 53.6140 3.1685 0.0000 132.8264
Mitigated

9.0 Operational Offroad
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11.0 Vegetation
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type

10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment
Equipment Type Number
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Primrose and Adelanto
Mojave Desert Air Basin, Summer
Project Characteristics - Consistent with Project-specific information provided in the Agenda.

Land Use - Consistent with Project-specific information provided in the Agenda.

1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population Manufacturing 213.00 1000sqft 4.89 213,000.00 0
Parking Lot 115.00 Space 1.03 46,000.00 0

1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
10 Wind Speed (m/s) 2.6 Precipitation Freq (Days) 31

1.3 User Entered Comments & Non-Default Data

1.0 Project Characteristics

2.0 Emissions Summary
Utility Company Southern California Edison
Operational Year 2024
CO2 Intensity
(lb/MWhr)
390.98 CH4 Intensity 0.033
(lb/MWhr)
N2O Intensity 0.004
(lb/MWhr)
Table Name Column Name Default Value New Value
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2.1 Overall Construction (Maximum Daily Emission)
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year lb/day lb/day
2022 3.2415 33.1244 21.0776 0.0439 19.8049 1.6134 21.4182 10.1417 1.4843 11.6260 0.0000 4,309.506 8 4,309.506
8 1.1965 0.1501 4,370.304
6 2023 248.6849 16.1163 20.1704 0.0434 1.1803 0.7178 1.8980 0.3195 0.6755 0.9951 0.0000 4,254.320 3 4,254.320
3 0.7172 0.1437 4,313.006
3 Maximum 248.6849 33.1244 21.0776 0.0439 19.8049 1.6134 21.4182 10.1417 1.4843 11.6260 0.0000 4,309.506 8 4,309.506
8 1.1965 0.1501 4,370.304
6 Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year lb/day lb/day
2022 3.2415 33.1244 21.0776 0.0439 19.8049 1.6134 21.4182 10.1417 1.4843 11.6260 0.0000 4,309.506 8 4,309.506
8 1.1965 0.1501 4,370.304
6 2023 248.6849 16.1163 20.1704 0.0434 1.1803 0.7178 1.8980 0.3195 0.6755 0.9951 0.0000 4,254.320 3 4,254.320
3 0.7172 0.1437 4,313.006
3 Maximum 248.6849 33.1244 21.0776 0.0439 19.8049 1.6134 21.4182 10.1417 1.4843 11.6260 0.0000 4,309.506 8 4,309.506
8 1.1965 0.1501 4,370.304
6 Mitigated Construction
CalEEMod Version: CalEEMod.2020.4.0 Page 2 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 141
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Page 3 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 142

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Area 5.9388 3.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Energy 0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 Mobile 4.9325 6.1000 41.7480 0.0869 8.4346 0.0741 8.5087 2.2496 0.0696 2.3192 8,845.968 7 8,845.968
7 0.4721 0.4417 8,989.381
9 Total 11.0747 7.9500 43.3352 0.0980 8.4346 0.2147 8.6493 2.2496 0.2103 2.4599 11,065.63 44 11,065.63
44 0.5148 0.4823 11,222.24
22 Unmitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Area 5.9388 3.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Energy 0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 Mobile 4.9325 6.1000 41.7480 0.0869 8.4346 0.0741 8.5087 2.2496 0.0696 2.3192 8,845.968 7 8,845.968
7 0.4721 0.4417 8,989.381
9 Total 11.0747 7.9500 43.3352 0.0980 8.4346 0.2147 8.6493 2.2496 0.2103 2.4599 11,065.63 44 11,065.63
44 0.5148 0.4823 11,222.24
22 Mitigated Operational
CalEEMod Version: CalEEMod.2020.4.0 Page 4 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 143

3.0 Construction Detail
Construction Phase
Phase
Number
Phase Name Phase Type Start Date End Date Num Days
Week
Num Days Phase Description
1 Demolition Demolition 6/10/2022 7/7/2022 5 20
2 Site Preparation Site Preparation 7/8/2022 7/21/2022 5 10 3 Grading Grading 7/22/2022 8/18/2022 5 20
4 Building Construction Building Construction 8/19/2022 7/6/2023 5 230 5 Paving Paving 7/7/2023 8/3/2023 5 20
6 Architectural Coating Architectural Coating 8/4/2023 8/31/2023 5 20 OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48
Demolition Concrete/Industrial Saws 1 8.00 81 0.73
Building Construction Cranes 1 7.00 231 0.29
Demolition Excavators 3 8.00 158 0.38
Grading Excavators 1 8.00 158 0.38
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 319,500; Non-Residential Outdoor: 106,500; Striped Parking Area: 2,760 (Architectural Coating – sqft)
Acres of Grading (Site Preparation Phase): 15
Acres of Grading (Grading Phase): 20
Acres of Paving: 1.03
CalEEMod Version: CalEEMod.2020.4.0 Page 5 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 144

3.1 Mitigation Measures Construction
Building Construction Forklifts 3 8.00 89 0.20
Building Construction Generator Sets 1 8.00 84 0.74
Grading Graders 1 8.00 187 0.41
Paving Pavers 2 8.00 130 0.42
Paving Paving Equipment 2 8.00 132 0.36
Paving Rollers 2 8.00 80 0.38
Demolition Rubber Tired Dozers 2 8.00 247 0.40
Grading Rubber Tired Dozers 1 8.00 247 0.40
Site Preparation Rubber Tired Dozers 3 8.00 247 0.40
Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Grading Tractors/Loaders/Backhoes 3 8.00 97 0.37
Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Building Construction Welders 1 8.00 46 0.45
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 109.00 42.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 22.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Page 6 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 145

3.2 Demolition - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 2.6392 25.7194 20.5941 0.0388 1.2427 1.2427 1.1553 1.1553 3,746.781 2 3,746.781
2 1.0524 3,773.092
0 Total 2.6392 25.7194 20.5941 0.0388 1.2427 1.2427 1.1553 1.1553 3,746.781 2 3,746.781
2 1.0524 3,773.092
0 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0594 0.0341 0.4835 1.1600e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 117.4944 117.4944 3.6100e0033.2700e003118.5603 Total 0.0594 0.0341 0.4835 1.1600e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 117.4944 117.4944 3.6100e0033.2700e003118.5603 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 7 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 146

3.2 Demolition - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 2.6392 25.7194 20.5941 0.0388 1.2427 1.2427 1.1553 1.1553 0.0000 3,746.781 2 3,746.781
2 1.0524 3,773.092
0 Total 2.6392 25.7194 20.5941 0.0388 1.2427 1.2427 1.1553 1.1553 0.0000 3,746.781 2 3,746.781
2 1.0524 3,773.092
0 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0594 0.0341 0.4835 1.1600e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 117.4944 117.4944 3.6100e0033.2700e003118.5603 Total 0.0594 0.0341 0.4835 1.1600e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 117.4944 117.4944 3.6100e0033.2700e003118.5603 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 8 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 147

3.3 Site Preparation - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 19.6570 0.0000 19.6570 10.1025 0.0000 10.1025 0.0000 0.0000 Off-Road 3.1701 33.0835 19.6978 0.0380 1.6126 1.6126 1.4836 1.4836 3,686.061 9 3,686.061
9 1.1922 3,715.865
5 Total 3.1701 33.0835 19.6978 0.0380 19.6570 1.6126 21.2696 10.1025 1.4836 11.5860 3,686.061 9 3,686.061
9 1.1922 3,715.865
5 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0713 0.0409 0.5802 1.3900e0030.1479 7.8000e0040.1487 0.0392 7.2000e0040.0399 140.9933 140.9933 4.3300e0033.9300e003142.2724 Total 0.0713 0.0409 0.5802 1.3900e0030.1479 7.8000e0040.1487 0.0392 7.2000e0040.0399 140.9933 140.9933 4.3300e0033.9300e003142.2724 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 9 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 148

3.3 Site Preparation - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 19.6570 0.0000 19.6570 10.1025 0.0000 10.1025 0.0000 0.0000 Off-Road 3.1701 33.0835 19.6978 0.0380 1.6126 1.6126 1.4836 1.4836 0.0000 3,686.061 9 3,686.061
9 1.1922 3,715.865
5 Total 3.1701 33.0835 19.6978 0.0380 19.6570 1.6126 21.2696 10.1025 1.4836 11.5860 0.0000 3,686.061 9 3,686.061
9 1.1922 3,715.865
5 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0713 0.0409 0.5802 1.3900e0030.1479 7.8000e0040.1487 0.0392 7.2000e0040.0399 140.9933 140.9933 4.3300e0033.9300e003142.2724 Total 0.0713 0.0409 0.5802 1.3900e0030.1479 7.8000e0040.1487 0.0392 7.2000e0040.0399 140.9933 140.9933 4.3300e0033.9300e003142.2724 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 10 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 149

3.4 Grading - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 7.0826 0.0000 7.0826 3.4247 0.0000 3.4247 0.0000 0.0000 Off-Road 1.9486 20.8551 15.2727 0.0297 0.9409 0.9409 0.8656 0.8656 2,872.046 4 2,872.046
4 0.9289 2,895.268
4 Total 1.9486 20.8551 15.2727 0.0297 7.0826 0.9409 8.0234 3.4247 0.8656 4.2903 2,872.046 4 2,872.046
4 0.9289 2,895.268
4 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0594 0.0341 0.4835 1.1600e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 117.4944 117.4944 3.6100e0033.2700e003118.5603 Total 0.0594 0.0341 0.4835 1.1600e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 117.4944 117.4944 3.6100e0033.2700e003118.5603 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 11 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 150

3.4 Grading - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 7.0826 0.0000 7.0826 3.4247 0.0000 3.4247 0.0000 0.0000 Off-Road 1.9486 20.8551 15.2727 0.0297 0.9409 0.9409 0.8656 0.8656 0.0000 2,872.046 4 2,872.046
4 0.9289 2,895.268
4 Total 1.9486 20.8551 15.2727 0.0297 7.0826 0.9409 8.0234 3.4247 0.8656 4.2903 0.0000 2,872.046 4 2,872.046
4 0.9289 2,895.268
4 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0594 0.0341 0.4835 1.1600e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 117.4944 117.4944 3.6100e0033.2700e003118.5603 Total 0.0594 0.0341 0.4835 1.1600e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 117.4944 117.4944 3.6100e0033.2700e003118.5603 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 12 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 151

3.5 Building Construction - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.7062 15.6156 16.3634 0.0269 0.8090 0.8090 0.7612 0.7612 2,554.333 6 2,554.333
6 0.6120 2,569.632
2 Total 1.7062 15.6156 16.3634 0.0269 0.8090 0.8090 0.7612 0.7612 2,554.333 6 2,554.333
6 0.6120 2,569.632
2 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0808 1.8132 0.7710 8.5600e0030.2849 0.0234 0.3083 0.0820 0.0224 0.1044 901.3806 901.3806 4.7400e0030.1263 939.1340 Worker 0.4318 0.2476 3.5136 8.4500e0030.8954 4.7300e0030.9001 0.2375 4.3600e0030.2419 853.7926 853.7926 0.0262 0.0238 861.5383 Total 0.5126 2.0608 4.2847 0.0170 1.1803 0.0281 1.2084 0.3195 0.0267 0.3463 1,755.173 3 1,755.173
3 0.0310 0.1501 1,800.672
3 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 13 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 152

3.5 Building Construction - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.7062 15.6156 16.3634 0.0269 0.8090 0.8090 0.7612 0.7612 0.0000 2,554.333 6 2,554.333
6 0.6120 2,569.632
2 Total 1.7062 15.6156 16.3634 0.0269 0.8090 0.8090 0.7612 0.7612 0.0000 2,554.333 6 2,554.333
6 0.6120 2,569.632
2 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0808 1.8132 0.7710 8.5600e0030.2849 0.0234 0.3083 0.0820 0.0224 0.1044 901.3806 901.3806 4.7400e0030.1263 939.1340 Worker 0.4318 0.2476 3.5136 8.4500e0030.8954 4.7300e0030.9001 0.2375 4.3600e0030.2419 853.7926 853.7926 0.0262 0.0238 861.5383 Total 0.5126 2.0608 4.2847 0.0170 1.1803 0.0281 1.2084 0.3195 0.0267 0.3463 1,755.173 3 1,755.173
3 0.0310 0.1501 1,800.672
3 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 14 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 153

3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.5728 14.3849 16.2440 0.0269 0.6997 0.6997 0.6584 0.6584 2,555.209 9 2,555.209
9 0.6079 2,570.406
1 Total 1.5728 14.3849 16.2440 0.0269 0.6997 0.6997 0.6584 0.6584 2,555.209 9 2,555.209
9 0.6079 2,570.406
1 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0612 1.5132 0.7175 8.2900e0030.2849 0.0136 0.2985 0.0820 0.0130 0.0950 872.9289 872.9289 3.7600e0030.1217 909.2992 Worker 0.3982 0.2182 3.2089 8.1700e0030.8954 4.4500e0030.8999 0.2375 4.0900e0030.2416 826.1815 826.1815 0.0235 0.0219 833.3010 Total 0.4594 1.7314 3.9264 0.0165 1.1803 0.0180 1.1983 0.3195 0.0171 0.3366 1,699.110 4 1,699.110
4 0.0273 0.1437 1,742.600
3 Unmitigated Construction Off-Site
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3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.5728 14.3849 16.2440 0.0269 0.6997 0.6997 0.6584 0.6584 0.0000 2,555.209 9 2,555.209
9 0.6079 2,570.406
1 Total 1.5728 14.3849 16.2440 0.0269 0.6997 0.6997 0.6584 0.6584 0.0000 2,555.209 9 2,555.209
9 0.6079 2,570.406
1 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0612 1.5132 0.7175 8.2900e0030.2849 0.0136 0.2985 0.0820 0.0130 0.0950 872.9289 872.9289 3.7600e0030.1217 909.2992 Worker 0.3982 0.2182 3.2089 8.1700e0030.8954 4.4500e0030.8999 0.2375 4.0900e0030.2416 826.1815 826.1815 0.0235 0.0219 833.3010 Total 0.4594 1.7314 3.9264 0.0165 1.1803 0.0180 1.1983 0.3195 0.0171 0.3366 1,699.110 4 1,699.110
4 0.0273 0.1437 1,742.600
3 Mitigated Construction Off-Site
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3.6 Paving - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.0327 10.1917 14.5842 0.0228 0.5102 0.5102 0.4694 0.4694 2,207.584 1 2,207.584
1 0.7140 2,225.433
6 Paving 0.1349 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 1.1677 10.1917 14.5842 0.0228 0.5102 0.5102 0.4694 0.4694 2,207.584 1 2,207.584
1 0.7140 2,225.433
6 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0548 0.0300 0.4416 1.1200e0030.1232 6.1000e0040.1238 0.0327 5.6000e0040.0333 113.6947 113.6947 3.2400e0033.0200e003114.6745 Total 0.0548 0.0300 0.4416 1.1200e0030.1232 6.1000e0040.1238 0.0327 5.6000e0040.0333 113.6947 113.6947 3.2400e0033.0200e003114.6745 Unmitigated Construction Off-Site
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3.6 Paving - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.0327 10.1917 14.5842 0.0228 0.5102 0.5102 0.4694 0.4694 0.0000 2,207.584 1 2,207.584
1 0.7140 2,225.433
6 Paving 0.1349 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 1.1677 10.1917 14.5842 0.0228 0.5102 0.5102 0.4694 0.4694 0.0000 2,207.584 1 2,207.584
1 0.7140 2,225.433
6 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0548 0.0300 0.4416 1.1200e0030.1232 6.1000e0040.1238 0.0327 5.6000e0040.0333 113.6947 113.6947 3.2400e0033.0200e003114.6745 Total 0.0548 0.0300 0.4416 1.1200e0030.1232 6.1000e0040.1238 0.0327 5.6000e0040.0333 113.6947 113.6947 3.2400e0033.0200e003114.6745 Mitigated Construction Off-Site
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3.7 Architectural Coating - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Archit. Coating 248.4128 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.1917 1.3030 1.8111 2.9700e0030.0708 0.0708 0.0708 0.0708 281.4481 281.4481 0.0168 281.8690 Total 248.6045 1.3030 1.8111 2.9700e0030.0708 0.0708 0.0708 0.0708 281.4481 281.4481 0.0168 281.8690 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0804 0.0440 0.6477 1.6500e0030.1807 9.0000e0040.1816 0.0479 8.3000e0040.0488 166.7522 166.7522 4.7500e0034.4200e003168.1892 Total 0.0804 0.0440 0.6477 1.6500e0030.1807 9.0000e0040.1816 0.0479 8.3000e0040.0488 166.7522 166.7522 4.7500e0034.4200e003168.1892 Unmitigated Construction Off-Site
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3.7 Architectural Coating - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Archit. Coating 248.4128 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.1917 1.3030 1.8111 2.9700e0030.0708 0.0708 0.0708 0.0708 0.0000 281.4481 281.4481 0.0168 281.8690 Total 248.6045 1.3030 1.8111 2.9700e0030.0708 0.0708 0.0708 0.0708 0.0000 281.4481 281.4481 0.0168 281.8690 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0804 0.0440 0.6477 1.6500e0030.1807 9.0000e0040.1816 0.0479 8.3000e0040.0488 166.7522 166.7522 4.7500e0034.4200e003168.1892 Total 0.0804 0.0440 0.6477 1.6500e0030.1807 9.0000e0040.1816 0.0479 8.3000e0040.0488 166.7522 166.7522 4.7500e0034.4200e003168.1892 Mitigated Construction Off-Site
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4.0 Operational Detail - Mobile
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Mitigated 4.9325 6.1000 41.7480 0.0869 8.4346 0.0741 8.5087 2.2496 0.0696 2.3192 8,845.968 7 8,845.968
7 0.4721 0.4417 8,989.381
9 Unmitigated 4.9325 6.1000 41.7480 0.0869 8.4346 0.0741 8.5087 2.2496 0.0696 2.3192 8,845.968 7 8,845.968
7 0.4721 0.4417 8,989.381
9 4.1 Mitigation Measures Mobile

4.2 Trip Summary Information

4.4 Fleet Mix
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Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Manufacturing 0.531780 0.056022 0.172399 0.135630 0.029743 0.007796 0.007114 0.023242 0.000520 0.000194 0.028649 0.001160 0.005752 Parking Lot 0.531780 0.056022 0.172399 0.135630 0.029743 0.007796 0.007114 0.023242 0.000520 0.000194 0.028649 0.001160 0.005752

5.0 Energy Detail
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
NaturalGas
Mitigated

0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 NaturalGas
Unmitigated

0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 5.1 Mitigation Measures Energy
Historical Energy Use: N
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6.0 Area Detail

5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr lb/day lb/day
Manufacturing 18866.5 0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 Unmitigated
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr lb/day lb/day
Manufacturing 18.8665 0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 Mitigated
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6.1 Mitigation Measures Area
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Mitigated 5.9388 3.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Unmitigated 5.9388 3.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765

6.2 Area by SubCategory
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory lb/day lb/day
Architectural
Coating

1.3612 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Consumer
Products

4.5745 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Landscaping 3.0900e0033.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Total 5.9388 3.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Unmitigated
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7.1 Mitigation Measures Water

7.0 Water Detail

1.3612 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Consumer
Products

4.5745 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Landscaping 3.0900e0033.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Total 5.9388 3.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 25 of 26 Date: 6/10/2022 9:46 AM Primrose and Adelanto - Mojave Desert Air Basin, Summer EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 164

11.0 Vegetation

8.1 Mitigation Measures Waste

8.0 Waste Detail

9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type

10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment
Equipment Type Number
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Primrose and Adelanto
Mojave Desert Air Basin, Winter
Project Characteristics - Consistent with Project-specific information provided in the Agenda.

Land Use - Consistent with Project-specific information provided in the Agenda.

1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population Manufacturing 213.00 1000sqft 4.89 213,000.00 0
Parking Lot 115.00 Space 1.03 46,000.00 0

1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
10 Wind Speed (m/s) 2.6 Precipitation Freq (Days) 31

1.3 User Entered Comments & Non-Default Data

1.0 Project Characteristics

2.0 Emissions Summary
Utility Company Southern California Edison
Operational Year 2024
CO2 Intensity
(lb/MWhr)
390.98 CH4 Intensity 0.033
(lb/MWhr)
N2O Intensity 0.004
(lb/MWhr)
Table Name Column Name Default Value New Value
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2.1 Overall Construction (Maximum Daily Emission)
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year lb/day lb/day
2022 3.2341 33.1259 20.9808 0.0430 19.8049 1.6134 21.4182 10.1417 1.4843 11.6260 0.0000 4,216.465 5 4,216.465
5 1.1965 0.1510 4,277.529
8 2023 248.6767 16.2187 19.5594 0.0425 1.1803 0.7178 1.8981 0.3195 0.6756 0.9951 0.0000 4,165.608 0 4,165.608
0 0.7173 0.1446 4,224.590
5 Maximum 248.6767 33.1259 20.9808 0.0430 19.8049 1.6134 21.4182 10.1417 1.4843 11.6260 0.0000 4,216.465 5 4,216.465
5 1.1965 0.1510 4,277.529
8 Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year lb/day lb/day
2022 3.2341 33.1259 20.9808 0.0430 19.8049 1.6134 21.4182 10.1417 1.4843 11.6260 0.0000 4,216.465 5 4,216.465
5 1.1965 0.1510 4,277.529
8 2023 248.6767 16.2187 19.5594 0.0425 1.1803 0.7178 1.8981 0.3195 0.6756 0.9951 0.0000 4,165.608 0 4,165.608
0 0.7173 0.1446 4,224.590
5 Maximum 248.6767 33.1259 20.9808 0.0430 19.8049 1.6134 21.4182 10.1417 1.4843 11.6260 0.0000 4,216.465 5 4,216.465
5 1.1965 0.1510 4,277.529
8 Mitigated Construction
CalEEMod Version: CalEEMod.2020.4.0 Page 2 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 167
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Page 3 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 168

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Area 5.9388 3.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Energy 0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 Mobile 4.0708 6.4764 36.8100 0.0797 8.4346 0.0741 8.5087 2.2496 0.0697 2.3193 8,119.468 9 8,119.468
9 0.4865 0.4512 8,266.081
7 Total 10.2130 8.3263 38.3972 0.0908 8.4346 0.2148 8.6494 2.2496 0.2103 2.4600 10,339.13 46 10,339.13
46 0.5292 0.4919 10,498.94
20 Unmitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Area 5.9388 3.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Energy 0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 Mobile 4.0708 6.4764 36.8100 0.0797 8.4346 0.0741 8.5087 2.2496 0.0697 2.3193 8,119.468 9 8,119.468
9 0.4865 0.4512 8,266.081
7 Total 10.2130 8.3263 38.3972 0.0908 8.4346 0.2148 8.6494 2.2496 0.2103 2.4600 10,339.13 46 10,339.13
46 0.5292 0.4919 10,498.94
20 Mitigated Operational
CalEEMod Version: CalEEMod.2020.4.0 Page 4 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 169

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 319,500; Non-Residential Outdoor: 106,500; Striped Parking Area: 2,760 (Architectural Coating – sqft)
Acres of Grading (Site Preparation Phase): 15
Acres of Grading (Grading Phase): 20
Acres of Paving: 1.03
CalEEMod Version: CalEEMod.2020.4.0 Page 5 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 170

3.1 Mitigation Measures Construction
Building Construction Forklifts 3 8.00 89 0.20
Building Construction Generator Sets 1 8.00 84 0.74
Grading Graders 1 8.00 187 0.41
Paving Pavers 2 8.00 130 0.42
Paving Paving Equipment 2 8.00 132 0.36
Paving Rollers 2 8.00 80 0.38
Demolition Rubber Tired Dozers 2 8.00 247 0.40
Grading Rubber Tired Dozers 1 8.00 247 0.40
Site Preparation Rubber Tired Dozers 3 8.00 247 0.40
Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Grading Tractors/Loaders/Backhoes 3 8.00 97 0.37
Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Building Construction Welders 1 8.00 46 0.45
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 109.00 42.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 22.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Page 6 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 171

3.2 Demolition - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 2.6392 25.7194 20.5941 0.0388 1.2427 1.2427 1.1553 1.1553 3,746.781 2 3,746.781
2 1.0524 3,773.092
0 Total 2.6392 25.7194 20.5941 0.0388 1.2427 1.2427 1.1553 1.1553 3,746.781 2 3,746.781
2 1.0524 3,773.092
0 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0533 0.0353 0.3867 1.0300e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 104.4905 104.4905 3.6600e0033.3400e003105.5786 Total 0.0533 0.0353 0.3867 1.0300e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 104.4905 104.4905 3.6600e0033.3400e003105.5786 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 7 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 172

3.2 Demolition - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 2.6392 25.7194 20.5941 0.0388 1.2427 1.2427 1.1553 1.1553 0.0000 3,746.781 2 3,746.781
2 1.0524 3,773.092
0 Total 2.6392 25.7194 20.5941 0.0388 1.2427 1.2427 1.1553 1.1553 0.0000 3,746.781 2 3,746.781
2 1.0524 3,773.092
0 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0533 0.0353 0.3867 1.0300e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 104.4905 104.4905 3.6600e0033.3400e003105.5786 Total 0.0533 0.0353 0.3867 1.0300e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 104.4905 104.4905 3.6600e0033.3400e003105.5786 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 8 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 173

3.3 Site Preparation - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 19.6570 0.0000 19.6570 10.1025 0.0000 10.1025 0.0000 0.0000 Off-Road 3.1701 33.0835 19.6978 0.0380 1.6126 1.6126 1.4836 1.4836 3,686.061 9 3,686.061
9 1.1922 3,715.865
5 Total 3.1701 33.0835 19.6978 0.0380 19.6570 1.6126 21.2696 10.1025 1.4836 11.5860 3,686.061 9 3,686.061
9 1.1922 3,715.865
5 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0639 0.0423 0.4641 1.2400e0030.1479 7.8000e0040.1487 0.0392 7.2000e0040.0399 125.3886 125.3886 4.3900e0034.0100e003126.6943 Total 0.0639 0.0423 0.4641 1.2400e0030.1479 7.8000e0040.1487 0.0392 7.2000e0040.0399 125.3886 125.3886 4.3900e0034.0100e003126.6943 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 9 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 174

3.3 Site Preparation - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 19.6570 0.0000 19.6570 10.1025 0.0000 10.1025 0.0000 0.0000 Off-Road 3.1701 33.0835 19.6978 0.0380 1.6126 1.6126 1.4836 1.4836 0.0000 3,686.061 9 3,686.061
9 1.1922 3,715.865
5 Total 3.1701 33.0835 19.6978 0.0380 19.6570 1.6126 21.2696 10.1025 1.4836 11.5860 0.0000 3,686.061 9 3,686.061
9 1.1922 3,715.865
5 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0639 0.0423 0.4641 1.2400e0030.1479 7.8000e0040.1487 0.0392 7.2000e0040.0399 125.3886 125.3886 4.3900e0034.0100e003126.6943 Total 0.0639 0.0423 0.4641 1.2400e0030.1479 7.8000e0040.1487 0.0392 7.2000e0040.0399 125.3886 125.3886 4.3900e0034.0100e003126.6943 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 10 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 175

3.4 Grading - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 7.0826 0.0000 7.0826 3.4247 0.0000 3.4247 0.0000 0.0000 Off-Road 1.9486 20.8551 15.2727 0.0297 0.9409 0.9409 0.8656 0.8656 2,872.046 4 2,872.046
4 0.9289 2,895.268
4 Total 1.9486 20.8551 15.2727 0.0297 7.0826 0.9409 8.0234 3.4247 0.8656 4.2903 2,872.046 4 2,872.046
4 0.9289 2,895.268
4 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0533 0.0353 0.3867 1.0300e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 104.4905 104.4905 3.6600e0033.3400e003105.5786 Total 0.0533 0.0353 0.3867 1.0300e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 104.4905 104.4905 3.6600e0033.3400e003105.5786 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 11 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 176

3.4 Grading - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust 7.0826 0.0000 7.0826 3.4247 0.0000 3.4247 0.0000 0.0000 Off-Road 1.9486 20.8551 15.2727 0.0297 0.9409 0.9409 0.8656 0.8656 0.0000 2,872.046 4 2,872.046
4 0.9289 2,895.268
4 Total 1.9486 20.8551 15.2727 0.0297 7.0826 0.9409 8.0234 3.4247 0.8656 4.2903 0.0000 2,872.046 4 2,872.046
4 0.9289 2,895.268
4 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0533 0.0353 0.3867 1.0300e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 104.4905 104.4905 3.6600e0033.3400e003105.5786 Total 0.0533 0.0353 0.3867 1.0300e0030.1232 6.5000e0040.1239 0.0327 6.0000e0040.0333 104.4905 104.4905 3.6600e0033.3400e003105.5786 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 12 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 177

3.5 Building Construction - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.7062 15.6156 16.3634 0.0269 0.8090 0.8090 0.7612 0.7612 2,554.333 6 2,554.333
6 0.6120 2,569.632
2 Total 1.7062 15.6156 16.3634 0.0269 0.8090 0.8090 0.7612 0.7612 2,554.333 6 2,554.333
6 0.6120 2,569.632
2 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0770 1.9150 0.7987 8.5800e0030.2849 0.0235 0.3083 0.0820 0.0224 0.1045 902.8341 902.8341 4.5700e0030.1267 940.6930 Worker 0.3872 0.2564 2.8101 7.5100e0030.8954 4.7300e0030.9001 0.2375 4.3600e0030.2419 759.2978 759.2978 0.0266 0.0243 767.2046 Total 0.4642 2.1714 3.6088 0.0161 1.1803 0.0282 1.2085 0.3195 0.0268 0.3463 1,662.131 9 1,662.131
9 0.0312 0.1510 1,707.897
6 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 13 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 178

3.5 Building Construction - 2022
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.7062 15.6156 16.3634 0.0269 0.8090 0.8090 0.7612 0.7612 0.0000 2,554.333 6 2,554.333
6 0.6120 2,569.632
2 Total 1.7062 15.6156 16.3634 0.0269 0.8090 0.8090 0.7612 0.7612 0.0000 2,554.333 6 2,554.333
6 0.6120 2,569.632
2 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0770 1.9150 0.7987 8.5800e0030.2849 0.0235 0.3083 0.0820 0.0224 0.1045 902.8341 902.8341 4.5700e0030.1267 940.6930 Worker 0.3872 0.2564 2.8101 7.5100e0030.8954 4.7300e0030.9001 0.2375 4.3600e0030.2419 759.2978 759.2978 0.0266 0.0243 767.2046 Total 0.4642 2.1714 3.6088 0.0161 1.1803 0.0282 1.2085 0.3195 0.0268 0.3463 1,662.131 9 1,662.131
9 0.0312 0.1510 1,707.897
6 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 14 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 179

3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.5728 14.3849 16.2440 0.0269 0.6997 0.6997 0.6584 0.6584 2,555.209 9 2,555.209
9 0.6079 2,570.406
1 Total 1.5728 14.3849 16.2440 0.0269 0.6997 0.6997 0.6584 0.6584 2,555.209 9 2,555.209
9 0.6079 2,570.406
1 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0569 1.6080 0.7410 8.3200e0030.2849 0.0136 0.2985 0.0820 0.0130 0.0951 875.3862 875.3862 3.5700e0030.1222 911.9039 Worker 0.3578 0.2258 2.5743 7.2700e0030.8954 4.4500e0030.8999 0.2375 4.0900e0030.2416 735.0119 735.0119 0.0240 0.0224 742.2806 Total 0.4147 1.8338 3.3154 0.0156 1.1803 0.0181 1.1983 0.3195 0.0171 0.3367 1,610.398 0 1,610.398
0 0.0275 0.1446 1,654.184
4 Unmitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 15 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 180

3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.5728 14.3849 16.2440 0.0269 0.6997 0.6997 0.6584 0.6584 0.0000 2,555.209 9 2,555.209
9 0.6079 2,570.406
1 Total 1.5728 14.3849 16.2440 0.0269 0.6997 0.6997 0.6584 0.6584 0.0000 2,555.209 9 2,555.209
9 0.6079 2,570.406
1 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0569 1.6080 0.7410 8.3200e0030.2849 0.0136 0.2985 0.0820 0.0130 0.0951 875.3862 875.3862 3.5700e0030.1222 911.9039 Worker 0.3578 0.2258 2.5743 7.2700e0030.8954 4.4500e0030.8999 0.2375 4.0900e0030.2416 735.0119 735.0119 0.0240 0.0224 742.2806 Total 0.4147 1.8338 3.3154 0.0156 1.1803 0.0181 1.1983 0.3195 0.0171 0.3367 1,610.398 0 1,610.398
0 0.0275 0.1446 1,654.184
4 Mitigated Construction Off-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 16 of 26 Date: 6/10/2022 9:44 AM Primrose and Adelanto - Mojave Desert Air Basin, Winter EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 181

3.6 Paving - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.0327 10.1917 14.5842 0.0228 0.5102 0.5102 0.4694 0.4694 2,207.584 1 2,207.584
1 0.7140 2,225.433
6 Paving 0.1349 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 1.1677 10.1917 14.5842 0.0228 0.5102 0.5102 0.4694 0.4694 2,207.584 1 2,207.584
1 0.7140 2,225.433
6 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0492 0.0311 0.3543 1.0000e0030.1232 6.1000e0040.1238 0.0327 5.6000e0040.0333 101.1484 101.1484 3.3000e0033.0800e003102.1487 Total 0.0492 0.0311 0.3543 1.0000e0030.1232 6.1000e0040.1238 0.0327 5.6000e0040.0333 101.1484 101.1484 3.3000e0033.0800e003102.1487 Unmitigated Construction Off-Site
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3.6 Paving - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 1.0327 10.1917 14.5842 0.0228 0.5102 0.5102 0.4694 0.4694 0.0000 2,207.584 1 2,207.584
1 0.7140 2,225.433
6 Paving 0.1349 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 1.1677 10.1917 14.5842 0.0228 0.5102 0.5102 0.4694 0.4694 0.0000 2,207.584 1 2,207.584
1 0.7140 2,225.433
6 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0492 0.0311 0.3543 1.0000e0030.1232 6.1000e0040.1238 0.0327 5.6000e0040.0333 101.1484 101.1484 3.3000e0033.0800e003102.1487 Total 0.0492 0.0311 0.3543 1.0000e0030.1232 6.1000e0040.1238 0.0327 5.6000e0040.0333 101.1484 101.1484 3.3000e0033.0800e003102.1487 Mitigated Construction Off-Site
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3.7 Architectural Coating - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Archit. Coating 248.4128 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.1917 1.3030 1.8111 2.9700e0030.0708 0.0708 0.0708 0.0708 281.4481 281.4481 0.0168 281.8690 Total 248.6045 1.3030 1.8111 2.9700e0030.0708 0.0708 0.0708 0.0708 281.4481 281.4481 0.0168 281.8690 Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0722 0.0456 0.5196 1.4700e0030.1807 9.0000e0040.1816 0.0479 8.3000e0040.0488 148.3510 148.3510 4.8400e0034.5200e003149.8181 Total 0.0722 0.0456 0.5196 1.4700e0030.1807 9.0000e0040.1816 0.0479 8.3000e0040.0488 148.3510 148.3510 4.8400e0034.5200e003149.8181 Unmitigated Construction Off-Site
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3.7 Architectural Coating - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Archit. Coating 248.4128 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.1917 1.3030 1.8111 2.9700e0030.0708 0.0708 0.0708 0.0708 0.0000 281.4481 281.4481 0.0168 281.8690 Total 248.6045 1.3030 1.8111 2.9700e0030.0708 0.0708 0.0708 0.0708 0.0000 281.4481 281.4481 0.0168 281.8690 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0722 0.0456 0.5196 1.4700e0030.1807 9.0000e0040.1816 0.0479 8.3000e0040.0488 148.3510 148.3510 4.8400e0034.5200e003149.8181 Total 0.0722 0.0456 0.5196 1.4700e0030.1807 9.0000e0040.1816 0.0479 8.3000e0040.0488 148.3510 148.3510 4.8400e0034.5200e003149.8181 Mitigated Construction Off-Site
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4.0 Operational Detail - Mobile
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Mitigated 4.0708 6.4764 36.8100 0.0797 8.4346 0.0741 8.5087 2.2496 0.0697 2.3193 8,119.468 9 8,119.468
9 0.4865 0.4512 8,266.081
7 Unmitigated 4.0708 6.4764 36.8100 0.0797 8.4346 0.0741 8.5087 2.2496 0.0697 2.3193 8,119.468 9 8,119.468
9 0.4865 0.4512 8,266.081
7 4.1 Mitigation Measures Mobile

4.2 Trip Summary Information

4.4 Fleet Mix
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Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Manufacturing 0.531780 0.056022 0.172399 0.135630 0.029743 0.007796 0.007114 0.023242 0.000520 0.000194 0.028649 0.001160 0.005752 Parking Lot 0.531780 0.056022 0.172399 0.135630 0.029743 0.007796 0.007114 0.023242 0.000520 0.000194 0.028649 0.001160 0.005752

5.0 Energy Detail
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
NaturalGas
Mitigated

0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 NaturalGas
Unmitigated

0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 5.1 Mitigation Measures Energy
Historical Energy Use: N
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6.0 Area Detail

5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr lb/day lb/day
Manufacturing 18866.5 0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 Unmitigated
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr lb/day lb/day
Manufacturing 18.8665 0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 Parking Lot 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.2035 1.8497 1.5537 0.0111 0.1406 0.1406 0.1406 0.1406 2,219.593 9 2,219.593
9 0.0425 0.0407 2,232.783
8 Mitigated
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1.3612 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Consumer
Products

4.5745 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Landscaping 3.0900e0033.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Total 5.9388 3.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Unmitigated
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7.1 Mitigation Measures Water

7.0 Water Detail

1.3612 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Consumer
Products

4.5745 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
Landscaping 3.0900e0033.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Total 5.9388 3.0000e0040.0334 0.0000 1.2000e0041.2000e0041.2000e0041.2000e0040.0718 0.0718 1.9000e0040.0765 Mitigated
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11.0 Vegetation

8.1 Mitigation Measures Waste

8.0 Waste Detail

9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type

10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment
Equipment Type Number
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2656 29th Street, Suite 201
Santa Monica, CA 90405
Matt Hagemann, P.G, C.Hg.
(949) 887-9013
[email protected]
Matthew F. Hagemann, P.G., C.Hg., QSD, QSP
Geologic and Hydrogeologic Characterization
Investigationand RemediationStrategies
LitigationSupport and Testifying Expert
IndustrialStormwaterCompliance
CEQAReview
Education:

M.S. Degree, Geology, California State University Los Angeles, Los Angeles, CA, 1984.

B.A. Degree, Geology, Humboldt State University, Arcata, CA, 1982.

ProfessionalCertifications:

California Professional Geologist
California Certified Hydrogeologist
Qualified SWPPP Developer and Practitioner
ProfessionalExperience:

Matt has 30 years of experience in environmental policy, contaminant assessment and remediation, stormwater compliance, and CEQA review. He spent nine years with the U.S. EPA in the RCRA and Superfund programs and served as EPA’s Senior Science Policy Advisor in the Western Regional Office where he identified emerging threats to groundwater from perchlorate and MTBE. While with EPA, Matt also served as a Senior Hydrogeologist in the oversight of the assessment of seven major military facilities undergoing base closure. He led numerous enforcement actions under provisions of the Resource Conservation and Recovery Act (RCRA) and directed efforts to improve hydrogeologic characterization and water quality monitoring. For the past 15 years, as a founding partner with SWAPE, Matt has developed extensive client relationships and has managed complex projects that include consultation as an expert witness and a regulatory specialist, and a manager of projects ranging from industrial stormwater compliance to CEQA review of impacts from hazardous waste, air quality and greenhouse gas emissions.

Positions Matt has held include:
• Founding Partner, Soil/Water/Air Protection Enterprise (SWAPE) (2003 – present); • Geology Instructor, Golden West College, 2010 – 2104, 2017; • Senior Environmental Analyst, Komex H2O Science, Inc. (2000 ‐‐ 2003); Attachment B
192
2 • Executive Director, Orange Coast Watch (2001 – 2004); • Senior Science Policy Advisor and Hydrogeologist, U.S. Environmental Protection Agency (1989– 1998);
• Hydrogeologist, National Park Service, Water Resources Division (1998 – 2000); • Adjunct Faculty Member, San Francisco State University, Department of Geosciences (1993 – 1998);
• Instructor, College of Marin, Department of Science (1990 – 1995); • Geologist, U.S. Forest Service (1986 – 1998); and
• Geologist, Dames & Moore (1984 – 1986).

Senior Regulatory and Litigation Support Analyst:

With SWAPE, Matt’s responsibilities have included:
• Lead analyst and testifying expert in the review of over 300 environmental impact reports and negative declarations since 2003 under CEQA that identify significant issues with regard to hazardous waste, water resources, water quality, air quality, greenhouse gas emissions, and geologic hazards. Make recommendations for additional mitigation measures to lead agencies at the local and county level to include additional characterization of health risks and implementation of protective measures to reduce worker exposure to hazards from toxins and Valley Fever.
• Stormwater analysis, sampling and best management practice evaluation at more than 100 industrial facilities.
• Expert witness on numerous cases including, for example, perfluorooctanoic acid (PFOA) contamination of groundwater, MTBE litigation, air toxins at hazards at a school, CERCLA compliance in assessment and remediation, and industrial stormwater contamination. • Technical assistance and litigation support for vaporintrusion concerns. • Lead analyst and testifying expert in the review of environmental issues in license applications forlarge solar power plants before the California Energy Commission. • Manager of a project to evaluate numerous formerly used military sites in the western U.S. • Manager of a comprehensive evaluation of potential sources of perchlorate contamination in Southern California drinking water wells.
• Manager and designated expert for litigation support under provisions of Proposition 65 in the review of releases of gasoline to sources drinking water at major refineries and hundreds of gas stations throughout California.

With Komex H2O Science Inc., Matt’s duties included the following:
• Senior author of a report on the extent of perchlorate contamination that was used in testimony by the former U.S. EPA Administrator and General Counsel. • Seniorresearcher in the development of a comprehensive, electronically interactive chronology of MTBE use, research, and regulation.
• Seniorresearcher in the development of a comprehensive, electronically interactive chronology of perchlorate use, research, and regulation.
• Senior researcher in a study that estimates nationwide costs for MTBE remediation and drinking water treatment, results of which were published in newspapers nationwide and in testimony against provisions of an energy bill that would limit liability for oil companies. • Research to support litigation to restore drinking water supplies that have been contaminated by MTBE in California and New York.
193
3 • Expert witness testimony in a case of oil production‐related contamination in Mississippi. • Lead author for a multi‐volume remedial investigation report for an operating school in Los Angeles that met strict regulatory requirements and rigorous deadlines. • Development of strategic approaches for cleanup of contaminated sites in consultation with clients and regulators.

Executive Director:

As Executive Director with Orange Coast Watch, Matt led efforts to restore water quality at Orange County beaches from multiple sources of contamination including urban runoff and the discharge of wastewater. In reporting to a Board of Directors that included representatives from leading Orange County universities and businesses, Matt prepared issue papers in the areas of treatment and disinfection of wastewater and control of the discharge of grease to sewer systems. Matt actively participated in the development of countywide water quality permits for the control of urban runoff and permits for the discharge of wastewater. Matt worked with other nonprofits to protect and restore water quality, including Surfrider, Natural Resources Defense Council and Orange County CoastKeeper as well as with business institutions including the Orange County Business Council.

Hydrogeology:

As a Senior Hydrogeologist with the U.S. Environmental Protection Agency, Matt led investigations to characterize and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point Naval Shipyard, Treasure Island Naval Station, Alameda Naval Station, Moffett Field, Mather Army Airfield, and Sacramento Army Depot. Specific activities were as follows:
• Led efforts to model groundwater flow and contaminant transport, ensured adequacy of monitoring networks, and assessed cleanup alternatives for contaminated sediment, soil, and groundwater.
• Initiated a regional program for evaluation of groundwater sampling practices and laboratory analysis at military bases.
• Identified emerging issues, wrote technical guidance, and assisted in policy and regulation development through work on four national U.S. EPA workgroups, including the Superfund Groundwater Technical Forum and the Federal Facilities Forum.

At the request of the State of Hawaii, Matt developed a methodology to determine the vulnerability of groundwater to contamination on the islands of Maui and Oahu. He used analytical models and a GIS to show zones of vulnerability, and the results were adopted and published by the State of Hawaii and County of Maui.

As a hydrogeologist with the EPA Groundwater Protection Section, Matt worked with provisions of the Safe Drinking Water Act and NEPA to prevent drinking water contamination. Specific activities included the following:
• Received an EPA Bronze Medal for his contribution to the development of national guidance for the protection of drinking water.
• Managed the Sole Source Aquifer Program and protected the drinking water of two communities through designation under the Safe Drinking Water Act. He prepared geologic reports, conducted 194
4 public hearings, and responded to public comments from residents who were very concerned about the impact of designation.
• Reviewed a number of Environmental Impact Statements for planned major developments, including large hazardous and solid waste disposal facilities, mine reclamation, and water transfer.

Matt served as a hydrogeologist with the RCRA Hazardous Waste program. Duties were as follows:
• Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance with Subtitle C requirements.
• Reviewed and wrote ʺpart Bʺ permits for the disposal of hazardous waste. • Conducted RCRA Corrective Action investigations of waste sites and led inspections that formed the basis for significant enforcement actions that were developed in close coordination with U.S.

EPA legal counsel.
• Wrote contract specifications and supervised contractor’s investigations of waste sites.

With the National Park Service, Matt directed service‐wide investigations of contaminant sources to prevent degradation of water quality, including the following tasks:
• Applied pertinent laws and regulations including CERCLA, RCRA, NEPA, NRDA, and the Clean Water Act to control military, mining, and landfill contaminants. • Conducted watershed‐scale investigations of contaminants at parks, including Yellowstone and Olympic National Park.
• Identified high‐levels of perchlorate in soil adjacent to a national park in New Mexico and advised park superintendent on appropriate response actions under CERCLA. • Served as a Park Service representative on the Interagency Perchlorate Steering Committee, a national workgroup.
• Developed a program to conduct environmental compliance audits of all National Parks while serving on a national workgroup.
• Co‐authored two papers on the potential for water contamination from the operation of personal watercraft and snowmobiles, these papers serving as the basis for the development of nation‐ wide policy on the use of these vehicles in National Parks. • Contributed to the Federal Multi‐Agency Source Water Agreement under the Clean Water Action Plan.

Policy:

Served senior management as the Senior Science Policy Advisor with the U.S. Environmental Protection Agency, Region 9.

Activities included the following:
• Advised the Regional Administrator and senior management on emerging issues such as the potential for the gasoline additive MTBE and ammonium perchlorate to contaminate drinking water supplies.
• Shaped EPA’s national response to these threats by serving on workgroups and by contributing to guidance, including the Office of Research and Development publication, Oxygenates in Water: Critical Information and Research Needs.
• Improved the technical training of EPAʹs scientific and engineering staff. • Earned an EPA Bronze Medal for representing the region’s 300 scientists and engineers in negotiations with the Administrator and senior management to better integrate scientific 195
5 principles into the policy‐making process.
• Established national protocol for the peerreview of scientific documents.

Geology:

With the U.S. Forest Service, Matt led investigations to determine hillslope stability of areas proposed for timber harvest in the central Oregon Coast Range. Specific activities were as follows:
• Mapped geology in the field, and used aerial photographic interpretation and mathematical models to determine slope stability.
• Coordinated his research with community members who were concerned with natural resource protection.
• Characterized the geology of an aquifer that serves as the sole source of drinking water for the city of Medford, Oregon.

As a consultant with Dames and Moore, Matt led geologic investigations of two contaminated sites (later listed on the Superfund NPL) in the Portland, Oregon, area and a large hazardous waste site in eastern Oregon. Duties included the following:
• Supervised year‐long effort for soil and groundwater sampling. • Conducted aquifer tests.
• Investigated active faults beneath sites proposed for hazardous waste disposal.

Teaching:

From 1990 to 1998, Matt taught at least one course per semester at the community college and university levels:
• At San Francisco State University, held an adjunct faculty position and taught courses in environmental geology, oceanography (lab and lecture), hydrogeology, and groundwater contamination.
• Served as a committee member for graduate and undergraduate students. • Taught courses in environmental geology and oceanography at the College of Marin.

Matt is currently a part time geology instructor at Golden West College in Huntington Beach, California where he taught from 2010 to 2014 and in 2017.

Invited Testimony, Reports, Papers and Presentations:

Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Presentation to the Public Environmental Law Conference, Eugene, Oregon.

Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Invited presentation to U.S.

EPA Region 9, San Francisco, California.

Hagemann, M.F., 2005. Use of Electronic Databases in Environmental Regulation, Policy Making and Public Participation. Brownfields 2005, Denver, Coloradao.

Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Nevada and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Las Vegas, NV (served on conference organizing committee).
196
6 Hagemann, M.F., 2004. Invited testimony to a California Senate committee hearing on air toxins at schools in Southern California, Los Angeles.

Brown, A., Farrow, J., Gray, A. and Hagemann, M., 2004. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells.

Presentation to the Ground Water and Environmental Law Conference, National Groundwater Association.

Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Arizona and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Phoenix, AZ (served on conference organizing committee).

Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in the Southwestern U.S. Invited presentation to a special committee meeting of the National Academy of Sciences, Irvine, CA.

Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a tribal EPA meeting, Pechanga, CA.

Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a meeting of tribal repesentatives, Parker, AZ.

Hagemann, M.F., 2003. Impact of Perchlorate on the Colorado River and Associated Drinking Water Supplies. Invited presentation to the Inter‐Tribal Meeting, Torres Martinez Tribe.

Hagemann, M.F., 2003. The Emergence of Perchlorate as a Widespread Drinking Water Contaminant.

Invited presentation to the U.S. EPA Region 9.

Hagemann, M.F., 2003. A Deductive Approach to the Assessment of Perchlorate Contamination. Invited presentation to the California Assembly Natural Resources Committee.

Hagemann, M.F., 2003. Perchlorate: A Cold War Legacy in Drinking Water. Presentation to a meeting of the National Groundwater Association.

Hagemann, M.F., 2002. From Tank to Tap: A Chronology of MTBE in Groundwater. Presentation to a meeting of the National Groundwater Association.

Hagemann, M.F., 2002. A Chronology of MTBE in Groundwater and an Estimate of Costs to Address Impacts to Groundwater. Presentation to the annual meeting of the Society of Environmental Journalists.

Hagemann, M.F., 2002. An Estimate of the Cost to Address MTBE Contamination in Groundwater (and Who Will Pay). Presentation to a meeting of the National Groundwater Association.

Hagemann, M.F., 2002. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to a meeting of the U.S. EPA and State Underground Storage Tank Program managers.
197
7 Hagemann, M.F., 2001. From Tank to Tap: A Chronology of MTBE in Groundwater. Unpublished report.

Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as Drinking Water.

Unpublished report.

Hagemann, M.F., 2001. Estimated Costs to Address MTBE Releases from Leaking Underground Storage Tanks. Unpublished report.

Hagemann, M.F., and VanMouwerik, M., 1999. Potential W a t e r Quality Concerns Related to Snowmobile Usage. Water Resources Division, National Park Service, Technical Report.

VanMouwerik, M. and Hagemann, M.F. 1999, Water Quality Concerns Related to Personal Watercraft Usage. Water Resources Division, National Park Service, Technical Report.

Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks? The George Wright Society Biannual Meeting, Asheville, North Carolina.

Hagemann, M.F., 1997, The Potential for MTBE to Contaminate Groundwater. U.S. EPA Superfund Groundwater Technical Forum Annual Meeting, Las Vegas, Nevada.

Hagemann, M.F., and Gill, M., 1996, Impediments to Intrinsic Remediation, Moffett Field Naval Air Station, Conference on Intrinsic Remediation of Chlorinated Hydrocarbons, Salt Lake City.

Hagemann, M.F., Fukunaga, G.L., 1996, The Vulnerability of Groundwater to Anthropogenic Contaminants on the Island of Maui, Hawaii. Hawaii Water Works Association Annual Meeting, Maui, October 1996.

Hagemann, M. F., Fukanaga, G. L., 1996, Ranking Groundwater Vulnerability in Central Oahu, Hawaii. Proceedings, Geographic Information Systems in Environmental Resources Management, Air and Waste Management Association Publication VIP‐61.

Hagemann, M.F., 1994. Groundwater Ch ar ac te ri zati on and Cl ean up at Closing Military Bases in California. Proceedings, California Groundwater Resources Association Meeting.

Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater Recharge Demonstration Program. Proceedings, Sixth Biennial Symposium on the Artificial Recharge of Groundwater.

Hagemann, M.F., 1993. U.S. EPA Policy on the Technical Impracticability of the Cleanup of DNAPL‐ contaminated Groundwater. California Groundwater Resources Association Meeting. 198
8 Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid Contamination of Groundwater: An Ounce of Prevention... Proceedings, Association of Engineering Geologists Annual Meeting, v. 35.

Other Experience:

Selected as subject matter expert for the California Professional Geologist licensing examinations, 2009‐2011.
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SOIL WATER AIR PROTECTION ENTERPRISE
2656 29th Street, Suite 201
Santa Monica, California 90405
Attn: Paul Rosenfeld, Ph.D.

Mobil: (310) 795-2335
Office: (310) 452-5555
Fax: (310) 452-5550
Email: [email protected]
Paul E. Rosenfeld, Ph.D. Page 1 of 10 October 2021
Paul Rosenfeld, Ph.D. Chemical Fate and Transport & Air Dispersion Modeling Principal Environmental Chemist Risk Assessment & Remediation Specialist Education
Ph.D. Soil Chemistry, University of Washington, 1999. Dissertation on volatile organic compound filtration.

M.S. Environmental Science, U.C. Berkeley, 1995. Thesis on organic waste economics.

B.A. Environmental Studies, U.C. Santa Barbara, 1991. Thesis on wastewater treatment.

Professional Experience
Dr. Rosenfeld has over 25 years’ experience conducting environmental investigations and risk assessments for evaluating impacts to human health, property, and ecological receptors. His expertise focuses on the fate and transport of environmental contaminants, human health risk, exposure assessment, and ecological restoration. Dr.

Rosenfeld has evaluated and modeled emissions from oil spills, landfills, boilers and incinerators, process stacks, storage tanks, confined animal feeding operations, industrial, military and agricultural sources, unconventional oil drilling operations, and locomotive and construction engines. His project experience ranges from monitoring and modeling of pollution sources to evaluating impacts of pollution on workers at industrial facilities and residents in surrounding communities. Dr. Rosenfeld has also successfully modeled exposure to contaminants distributed by water systems and via vapor intrusion.

Dr. Rosenfeld has investigated and designed remediation programs and risk assessments for contaminated sites containing lead, heavy metals, mold, bacteria, particulate matter, petroleum hydrocarbons, chlorinated solvents, pesticides, radioactive waste, dioxins and furans, semi- and volatile organic compounds, PCBs, PAHs, creosote, perchlorate, asbestos, per- and poly-fluoroalkyl substances (PFOA/PFOS), unusual polymers, fuel oxygenates (MTBE), among other pollutants. Dr. Rosenfeld also has experience evaluating greenhouse gas emissions from various projects and is an expert on the assessment of odors from industrial and agricultural sites, as well as the evaluation of odor nuisance impacts and technologies for abatement of odorous emissions. As a principal scientist at SWAPE, Dr. Rosenfeld directs air dispersion modeling and exposure assessments. He has served as an expert witness and testified about pollution sources causing nuisance and/or personal injury at sites and has testified as an expert witness on numerous cases involving exposure to soil, water and air contaminants from industrial, railroad, agricultural, and military sources.

Attachment C
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Professional History:

Soil Water Air Protection Enterprise (SWAPE); 2003 to present; Principal and Founding Partner UCLA School of Public Health; 2007 to 2011; Lecturer (Assistant Researcher) UCLA School of Public Health; 2003 to 2006; Adjunct Professor UCLA Environmental Science and Engineering Program; 2002-2004; Doctoral Intern Coordinator UCLA Institute of the Environment, 2001-2002; Research Associate Komex H2O Science, 2001 to 2003; Senior Remediation Scientist National Groundwater Association, 2002-2004; Lecturer
San Diego State University, 1999-2001; Adjunct Professor Anteon Corp., San Diego, 2000-2001; Remediation Project Manager Ogden (now Amec), San Diego, 2000-2000; Remediation Project Manager Bechtel, San Diego, California, 1999 – 2000; Risk Assessor King County, Seattle, 1996 – 1999; Scientist
James River Corp., Washington, 1995-96; Scientist
Big Creek Lumber, Davenport, California, 1995; Scientist Plumas Corp., California and USFS, Tahoe 1993-1995; Scientist Peace Corps and World Wildlife Fund, St. Kitts, West Indies, 1991-1993; Scientist Publications:

Remy, L.L., Clay T., Byers, V., Rosenfeld P. E. (2019) Hospital, Health, and Community Burden After Oil Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48 Simons, R.A., Seo, Y. Rosenfeld, P., (2015) Modeling the Effect of Refinery Emission On Residential Property Value. Journal of Real Estate Research. 27(3):321-342
Chen, J. A, Zapata A. R., Sutherland A. J., Molmen, D.R., Chow, B. S., Wu, L. E., Rosenfeld, P. E., Hesse, R. C., (2012) Sulfur Dioxide and Volatile Organic Compound Exposure To A Community In Texas City Texas Evaluated Using Aermod and Empirical Data. American Journal of Environmental Science, 8(6), 622-632.

Rosenfeld, P.E. & Feng, L. (2011). The Risks of Hazardous Waste. Amsterdam: Elsevier Publishing.

Cheremisinoff, N.P., & Rosenfeld, P.E. (2011). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Agrochemical Industry, Amsterdam: Elsevier Publishing.

Gonzalez, J., Feng, L., Sutherland, A., Waller, C., Sok, H., Hesse, R., Rosenfeld, P. (2010). PCBs and Dioxins/Furans in Attic Dust Collected Near Former PCB Production and Secondary Copper Facilities in Sauget, IL.

Procedia Environmental Sciences. 113–125.

Feng, L., Wu, C., Tam, L., Sutherland, A.J., Clark, J.J., Rosenfeld, P.E. (2010). Dioxin and Furan Blood Lipid and Attic Dust Concentrations in Populations Living Near Four Wood Treatment Facilities in the United States. Journal of Environmental Health. 73(6), 34-46.

Cheremisinoff, N.P., & Rosenfeld, P.E. (2010). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Wood and Paper Industries. Amsterdam: Elsevier Publishing.

Cheremisinoff, N.P., & Rosenfeld, P.E. (2009). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Petroleum Industry. Amsterdam: Elsevier Publishing.

Wu, C., Tam, L., Clark, J., Rosenfeld, P. (2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. WIT Transactions on Ecology and the Environment, Air Pollution, 123 (17), 319-327.
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Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). A Statistical Analysis Of Attic Dust And Blood Lipid Concentrations Of Tetrachloro-p-Dibenzodioxin (TCDD) Toxicity Equivalency Quotients (TEQ) In Two Populations Near Wood Treatment Facilities. Organohalogen Compounds, 70, 002252-002255.

Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). Methods For Collect Samples For Assessing Dioxins And Other Environmental Contaminants In Attic Dust: A Review. Organohalogen Compounds, 70, 000527- 000530.

Hensley, A.R. A. Scott, J. J. J. Clark, Rosenfeld, P.E. (2007). Attic Dust and Human Blood Samples Collected near a Former Wood Treatment Facility. Environmental Research. 105, 194-197.

Rosenfeld, P.E., J. J. J. Clark, A. R. Hensley, M. Suffet. (2007). The Use of an Odor Wheel Classification for Evaluation of Human Health Risk Criteria for Compost Facilities. Water Science & Technology 55(5), 345-357.

Rosenfeld, P. E., M. Suffet. (2007). The Anatomy Of Odour Wheels For Odours Of Drinking Water, Wastewater, Compost And The Urban Environment. Water Science & Technology 55(5), 335-344.

Sullivan, P. J. Clark, J.J.J., Agardy, F. J., Rosenfeld, P.E. (2007). Toxic Legacy, Synthetic Toxins in the Food, Water, and Air in American Cities. Boston Massachusetts: Elsevier Publishing Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash. Water Science and Technology. 49(9),171-178.

Rosenfeld P. E., J.J. Clark, I.H. (Mel) Suffet (2004). The Value of An Odor-Quality-Wheel Classification Scheme For The Urban Environment. Water Environment Federation’s Technical Exhibition and Conference (WEFTEC) 2004. New Orleans, October 2-6, 2004.

Rosenfeld, P.E., and Suffet, I.H. (2004). Understanding Odorants Associated With Compost, Biomass Facilities, and the Land Application of Biosolids. Water Science and Technology. 49(9), 193-199.

Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash, Water Science and Technology, 49( 9), 171-178.

Rosenfeld, P. E., Grey, M. A., Sellew, P. (2004). Measurement of Biosolids Odor and Odorant Emissions from Windrows, Static Pile and Biofilter. Water Environment Research. 76(4), 310-315.

Rosenfeld, P.E., Grey, M and Suffet, M. (2002). Compost Demonstration Project, Sacramento California Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Integrated Waste Management Board Public Affairs Office, Publications Clearinghouse (MS–6), Sacramento, CA Publication #442-02-008.

Rosenfeld, P.E., and C.L. Henry. (2001). Characterization of odor emissions from three different biosolids. Water Soil and Air Pollution. 127(1-4), 173-191.

Rosenfeld, P.E., and Henry C. L., (2000). Wood ash control of odor emissions from biosolids application. Journal of Environmental Quality. 29, 1662-1668.

Rosenfeld, P.E., C.L. Henry and D. Bennett. (2001). Wastewater dewatering polymer affect on biosolids odor emissions and microbial activity. Water Environment Research. 73(4), 363-367.

Rosenfeld, P.E., and C.L. Henry. (2001). Activated Carbon and Wood Ash Sorption of Wastewater, Compost, and Biosolids Odorants. Water Environment Research, 73, 388-393.

Rosenfeld, P.E., and Henry C. L., (2001). High carbon wood ash effect on biosolids microbial activity and odor.

Water Environment Research. 131(1-4), 247-262.
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Chollack, T. and P. Rosenfeld. (1998). Compost Amendment Handbook For Landscaping. Prepared for and distributed by the City of Redmond, Washington State.

Rosenfeld, P. E. (1992). The Mount Liamuiga Crater Trail. Heritage Magazine of St. Kitts, 3(2).

Rosenfeld, P. E. (1993). High School Biogas Project to Prevent Deforestation On St. Kitts. Biomass Users Network, 7(1).

Rosenfeld, P. E. (1998). Characterization, Quantification, and Control of Odor Emissions From Biosolids Application To Forest Soil. Doctoral Thesis. University of Washington College of Forest Resources.

Rosenfeld, P. E. (1994). Potential Utilization of Small Diameter Trees on Sierra County Public Land. Masters thesis reprinted by the Sierra County Economic Council. Sierra County, California.

Rosenfeld, P. E. (1991). How to Build a Small Rural Anaerobic Digester & Uses Of Biogas In The First And Third World. Bachelors Thesis. University of California.

Presentations:

Rosenfeld, P.E., "The science for Perfluorinated Chemicals (PFAS): What makes remediation so hard?" Law Seminars International, (May 9-10, 2018) 800 Fifth Avenue, Suite 101 Seattle, WA.

Rosenfeld, P.E., Sutherland, A; Hesse, R.; Zapata, A. (October 3-6, 2013). Air dispersion modeling of volatile organic emissions from multiple natural gas wells in Decatur, TX. 44th Western Regional Meeting, American Chemical Society. Lecture conducted from Santa Clara, CA.

Sok, H.L.; Waller, C.C.; Feng, L.; Gonzalez, J.; Sutherland, A.J.; Wisdom-Stack, T.; Sahai, R.K.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Atrazine: A Persistent Pesticide in Urban Drinking Water.

Urban Environmental Pollution. Lecture conducted from Boston, MA.

Feng, L.; Gonzalez, J.; Sok, H.L.; Sutherland, A.J.; Waller, C.C.; Wisdom-Stack, T.; Sahai, R.K.; La, M.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Bringing Environmental Justice to East St. Louis, Illinois. Urban Environmental Pollution. Lecture conducted from Boston, MA.

Rosenfeld, P.E. (April 19-23, 2009). Perfluoroctanoic Acid (PFOA) and Perfluoroactane Sulfonate (PFOS) Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting, Lecture conducted from Tuscon, AZ.

Rosenfeld, P.E. (April 19-23, 2009). Cost to Filter Atrazine Contamination from Drinking Water in the United States” Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting. Lecture conducted from Tuscon, AZ.

Wu, C., Tam, L., Clark, J., Rosenfeld, P. (20-22 July, 2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. Brebbia, C.A. and Popov, V., eds., Air Pollution XVII: Proceedings of the Seventeenth International Conference on Modeling, Monitoring and Management of Air Pollution. Lecture conducted from Tallinn, Estonia.

Rosenfeld, P. E. (October 15-18, 2007). Moss Point Community Exposure To Contaminants From A Releasing Facility. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA.

Rosenfeld, P. E. (October 15-18, 2007). The Repeated Trespass of Tritium-Contaminated Water Into A Surrounding Community Form Repeated Waste Spills From A Nuclear Power Plant. The 23rd Annual International 203

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Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA.

Rosenfeld, P. E. (October 15-18, 2007). Somerville Community Exposure To Contaminants From Wood Treatment Facility Emissions. The 23rd Annual International Conferences on Soils Sediment and Water. Lecture conducted from University of Massachusetts, Amherst MA.

Rosenfeld P. E. (March 2007). Production, Chemical Properties, Toxicology, & Treatment Case Studies of 1,2,3- Trichloropropane (TCP). The Association for Environmental Health and Sciences (AEHS) Annual Meeting. Lecture conducted from San Diego, CA.

Rosenfeld P. E. (March 2007). Blood and Attic Sampling for Dioxin/Furan, PAH, and Metal Exposure in Florala, Alabama. The AEHS Annual Meeting. Lecture conducted from San Diego, CA.

Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (August 21 – 25, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. The 26th International Symposium on Halogenated Persistent Organic Pollutants – DIOXIN2006. Lecture conducted from Radisson SAS Scandinavia Hotel in Oslo Norway.

Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (November 4-8, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. APHA 134 Annual Meeting & Exposition. Lecture conducted from Boston Massachusetts.

Paul Rosenfeld Ph.D. (October 24-25, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals.

Mealey’s C8/PFOA. Science, Risk & Litigation Conference. Lecture conducted from The Rittenhouse Hotel, Philadelphia, PA.

Paul Rosenfeld Ph.D. (September 19, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel, Irvine California.

Paul Rosenfeld Ph.D. (September 19, 2005). Fate, Transport, Toxicity, And Persistence of 1,2,3-TCP. PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel in Irvine, California.

Paul Rosenfeld Ph.D. (September 26-27, 2005). Fate, Transport and Persistence of PDBEs. Mealey’s Groundwater Conference. Lecture conducted from Ritz Carlton Hotel, Marina Del Ray, California.

Paul Rosenfeld Ph.D. (June 7-8, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals.

International Society of Environmental Forensics: Focus On Emerging Contaminants. Lecture conducted from Sheraton Oceanfront Hotel, Virginia Beach, Virginia.

Paul Rosenfeld Ph.D. (July 21-22, 2005). Fate Transport, Persistence and Toxicology of PFOA and Related Perfluorochemicals. 2005 National Groundwater Association Ground Water And Environmental Law Conference.

Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland.

Paul Rosenfeld Ph.D. (July 21-22, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation. 2005 National Groundwater Association Ground Water and Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland.

Paul Rosenfeld, Ph.D. and James Clark Ph.D. and Rob Hesse R.G. (May 5-6, 2004). Tert-butyl Alcohol Liability and Toxicology, A National Problem and Unquantified Liability. National Groundwater Association. Environmental Law Conference. Lecture conducted from Congress Plaza Hotel, Chicago Illinois.

Paul Rosenfeld, Ph.D. (March 2004). Perchlorate Toxicology. Meeting of the American Groundwater Trust.

Lecture conducted from Phoenix Arizona.
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Hagemann, M.F., Paul Rosenfeld, Ph.D. and Rob Hesse (2004). Perchlorate Contamination of the Colorado River.

Meeting of tribal representatives. Lecture conducted from Parker, AZ.

Paul Rosenfeld, Ph.D. (April 7, 2004). A National Damage Assessment Model For PCE and Dry Cleaners.

Drycleaner Symposium. California Ground Water Association. Lecture conducted from Radison Hotel, Sacramento, California.

Rosenfeld, P. E., Grey, M., (June 2003) Two stage biofilter for biosolids composting odor control. Seventh International In Situ And On Site Bioremediation Symposium Battelle Conference Orlando, FL.

Paul Rosenfeld, Ph.D. and James Clark Ph.D. (February 20-21, 2003) Understanding Historical Use, Chemical Properties, Toxicity and Regulatory Guidance of 1,4 Dioxane. National Groundwater Association. Southwest Focus Conference. Water Supply and Emerging Contaminants.. Lecture conducted from Hyatt Regency Phoenix Arizona.

Paul Rosenfeld, Ph.D. (February 6-7, 2003). Underground Storage Tank Litigation and Remediation. California CUPA Forum. Lecture conducted from Marriott Hotel, Anaheim California.

Paul Rosenfeld, Ph.D. (October 23, 2002) Underground Storage Tank Litigation and Remediation. EPA Underground Storage Tank Roundtable. Lecture conducted from Sacramento California.

Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Understanding Odor from Compost, Wastewater and Industrial Processes. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain.

Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Using High Carbon Wood Ash to Control Compost Odor.

Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain.

Rosenfeld, P.E. and Grey, M. A. (September 22-24, 2002). Biocycle Composting For Coastal Sage Restoration.

Northwest Biosolids Management Association. Lecture conducted from Vancouver Washington..

Rosenfeld, P.E. and Grey, M. A. (November 11-14, 2002). Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Soil Science Society Annual Conference. Lecture conducted from Indianapolis, Maryland.

Rosenfeld. P.E. (September 16, 2000). Two stage biofilter for biosolids composting odor control. Water Environment Federation. Lecture conducted from Anaheim California.

Rosenfeld. P.E. (October 16, 2000). Wood ash and biofilter control of compost odor. Biofest. Lecture conducted from Ocean Shores, California.

Rosenfeld, P.E. (2000). Bioremediation Using Organic Soil Amendments. California Resource Recovery Association. Lecture conducted from Sacramento California.

Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington.

Rosenfeld, P.E., and C.L. Henry. (1999). An evaluation of ash incorporation with biosolids for odor reduction. Soil Science Society of America. Lecture conducted from Salt Lake City Utah.

Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Comparison of Microbial Activity and Odor Emissions from Three Different Biosolids Applied to Forest Soil. Brown and Caldwell. Lecture conducted from Seattle Washington. 205

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Rosenfeld, P.E., C.L. Henry. (1998). Characterization, Quantification, and Control of Odor Emissions from Biosolids Application To Forest Soil. Biofest. Lecture conducted from Lake Chelan, Washington.

Rosenfeld, P.E, C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington.

Rosenfeld, P.E., C.L. Henry, R. B. Harrison, and R. Dills. (1997). Comparison of Odor Emissions From Three Different Biosolids Applied to Forest Soil. Soil Science Society of America. Lecture conducted from Anaheim California.

Teaching Experience:

UCLA Department of Environmental Health (Summer 2003 through 20010) Taught Environmental Health Science 100 to students, including undergrad, medical doctors, public health professionals and nurses. Course focused on the health effects of environmental contaminants.

National Ground Water Association, Successful Remediation Technologies. Custom Course in Sante Fe, New Mexico. May 21, 2002. Focused on fate and transport of fuel contaminants associated with underground storage tanks.

National Ground Water Association; Successful Remediation Technologies Course in Chicago Illinois. April 1, 2002. Focused on fate and transport of contaminants associated with Superfund and RCRA sites.

California Integrated Waste Management Board, April and May, 2001. Alternative Landfill Caps Seminar in San Diego, Ventura, and San Francisco. Focused on both prescriptive and innovative landfill cover design.

UCLA Department of Environmental Engineering, February 5, 2002. Seminar on Successful Remediation Technologies focusing on Groundwater Remediation.

University Of Washington, Soil Science Program, Teaching Assistant for several courses including: Soil Chemistry, Organic Soil Amendments, and Soil Stability.

U.C. Berkeley, Environmental Science Program Teaching Assistant for Environmental Science 10.

Academic Grants Awarded:

California Integrated Waste Management Board. $41,000 grant awarded to UCLA Institute of the Environment.

Goal: To investigate effect of high carbon wood ash on volatile organic emissions from compost. 2001.

Synagro Technologies, Corona California: $10,000 grant awarded to San Diego State University.

Goal: investigate effect of biosolids for restoration and remediation of degraded coastal sage soils. 2000.

King County, Department of Research and Technology, Washington State. $100,000 grant awarded to University of Washington: Goal: To investigate odor emissions from biosolids application and the effect of polymers and ash on VOC emissions. 1998.

Northwest Biosolids Management Association, Washington State. $20,000 grant awarded to investigate effect of polymers and ash on VOC emissions from biosolids. 1997.

James River Corporation, Oregon: $10,000 grant was awarded to investigate the success of genetically engineered Poplar trees with resistance to round-up. 1996.
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United State Forest Service, Tahoe National Forest: $15,000 grant was awarded to investigating fire ecology of the Tahoe National Forest. 1995.

Kellogg Foundation, Washington D.C. $500 grant was awarded to construct a large anaerobic digester on St. Kitts in West Indies. 1993
Deposition and/or Trial Testimony:

In the Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. 0i9-L-2295
Rosenfeld Deposition, 5-14-2021
Trial, October 8-4-2021
In the Circuit Court of Cook County Illinois
Joseph Rafferty, Plaintiff vs. Consolidated Rail Corporation and National Railroad Passenger Corporation d/b/a AMTRAK,
Case No.: No. 18-L-6845
Rosenfeld Deposition, 6-28-2021
In the United States District Court For the Northern District of Illinois Theresa Romcoe, Plaintiff vs. Northeast Illinois Regional Commuter Railroad Corporation d/b/a METRA Rail, Defendants
Case No.: No. 17-cv-8517
Rosenfeld Deposition, 5-25-2021
In the Superior Court of the State of Arizona In and For the Cunty of Maricopa Mary Tryon et al., Plaintiff vs. The City of Pheonix v. Cox Cactus Farm, L.L.C., Utah Shelter Systems, Inc.

Case Number CV20127-094749
Rosenfeld Deposition: 5-7-2021
In the United States District Court for the Eastern District of Texas Beaumont Division Robinson, Jeremy et al Plaintiffs, vs. CNA Insurance Company et al.

Case Number 1:17-cv-000508
Rosenfeld Deposition: 3-25-2021
In the Superior Court of the State of California, County of San Bernardino Gary Garner, Personal Representative for the Estate of Melvin Garner vs. BNSF Railway Company.

Case No. 1720288
Rosenfeld Deposition 2-23-2021
In the Superior Court of the State of California, County of Los Angeles, Spring Street Courthouse Benny M Rodriguez vs. Union Pacific Railroad, A Corporation, et al.

Case No. 18STCV01162
Rosenfeld Deposition 12-23-2020
In the Circuit Court of Jackson County, Missouri
Karen Cornwell, Plaintiff, vs. Marathon Petroleum, LP, Defendant.

Case No.: 1716-CV10006
Rosenfeld Deposition. 8-30-2019
In the United States District Court For The District of New Jersey Duarte et al, Plaintiffs, vs. United States Metals Refining Company et. al. Defendant.

Case No.: 2:17-cv-01624-ES-SCM
Rosenfeld Deposition. 6-7-2019
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In the United States District Court of Southern District of Texas Galveston Division M/T Carla Maersk, Plaintiffs, vs. Conti 168., Schiffahrts-GMBH & Co. Bulker KG MS “Conti Perdido” Defendant.

Case No.: 3:15-CV-00106 consolidated with 3:15-CV-00237 Rosenfeld Deposition. 5-9-2019
In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica Carole-Taddeo-Bates et al., vs. Ifran Khan et al., Defendants Case No.: No. BC615636
Rosenfeld Deposition, 1-26-2019
In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica The San Gabriel Valley Council of Governments et al. vs El Adobe Apts. Inc. et al., Defendants Case No.: No. BC646857
Rosenfeld Deposition, 10-6-2018; Trial 3-7-19

In United States District Court For The District of Colorado Bells et al. Plaintiff vs. The 3M Company et al., Defendants Case No.: 1:16-cv-02531-RBJ
Rosenfeld Deposition, 3-15-2018 and 4-3-2018
In The District Court Of Regan County, Texas, 112th Judicial District Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants Cause No.: 1923
Rosenfeld Deposition, 11-17-2017
In The Superior Court of the State of California In And For The County Of Contra Costa Simons et al., Plaintiffs vs. Chevron Corporation, et al., Defendants Cause No C12-01481
Rosenfeld Deposition, 11-20-2017
In The Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. 0i9-L-2295
Rosenfeld Deposition, 8-23-2017
In United States District Court For The Southern District of Mississippi Guy Manuel vs. The BP Exploration et al., Defendants
Case: No 1:19-cv-00315-RHW
Rosenfeld Deposition, 4-22-2020
In The Superior Court of the State of California, For The County of Los Angeles Warrn Gilbert and Penny Gilber, Plaintiff vs. BMW of North America LLC Case No.: LC102019 (c/w BC582154)
Rosenfeld Deposition, 8-16-2017, Trail 8-28-2018
In the Northern District Court of Mississippi, Greenville Division Brenda J. Cooper, et al., Plaintiffs, vs. Meritor Inc., et al., Defendants Case Number: 4:16-cv-52-DMB-JVM
Rosenfeld Deposition: July 2017
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In The Superior Court of the State of Washington, County of Snohomish Michael Davis and Julie Davis et al., Plaintiff vs. Cedar Grove Composting Inc., Defendants Case No.: No. 13-2-03987-5
Rosenfeld Deposition, February 2017
Trial, March 2017
In The Superior Court of the State of California, County of Alameda Charles Spain., Plaintiff vs. Thermo Fisher Scientific, et al., Defendants Case No.: RG14711115
Rosenfeld Deposition, September 2015
In The Iowa District Court In And For Poweshiek County
Russell D. Winburn, et al., Plaintiffs vs. Doug Hoksbergen, et al., Defendants Case No.: LALA002187
Rosenfeld Deposition, August 2015
In The Circuit Court of Ohio County, West Virginia
Robert Andrews, et al. v. Antero, et al.

Civil Action N0. 14-C-30000
Rosenfeld Deposition, June 2015
In The Iowa District Court For Muscatine County
Laurie Freeman et. al. Plaintiffs vs. Grain Processing Corporation, Defendant Case No 4980
Rosenfeld Deposition: May 2015
In the Circuit Court of the 17th Judicial Circuit, in and For Broward County, Florida Walter Hinton, et. al. Plaintiff, vs. City of Fort Lauderdale, Florida, a Municipality, Defendant.

Case Number CACE07030358 (26)
Rosenfeld Deposition: December 2014
In the County Court of Dallas County Texas
Lisa Parr et al, Plaintiff, vs. Aruba et al, Defendant.

Case Number cc-11-01650-E
Rosenfeld Deposition: March and September 2013
Rosenfeld Trial: April 2014
In the Court of Common Pleas of Tuscarawas County Ohio
John Michael Abicht, et al., Plaintiffs, vs. Republic Services, Inc., et al., Defendants Case Number: 2008 CT 10 0741 (Cons. w/ 2009 CV 10 0987) Rosenfeld Deposition: October 2012
In the United States District Court for the Middle District of Alabama, Northern Division James K. Benefield, et al., Plaintiffs, vs. International Paper Company, Defendant.

Civil Action Number 2:09-cv-232-WHA-TFM
Rosenfeld Deposition: July 2010, June 2011
In the Circuit Court of Jefferson County Alabama
Jaeanette Moss Anthony, et al., Plaintiffs, vs. Drummond Company Inc., et al., Defendants Civil Action No. CV 2008-2076
Rosenfeld Deposition: September 2010
In the United States District Court, Western District Lafayette Division Ackle et al., Plaintiffs, vs. Citgo Petroleum Corporation, et al., Defendants.

Case Number 2:07CV1052
Rosenfeld Deposition: July 2009
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EXHIBIT B
210

INDOOR ENVIRONMENTAL ENGINEERING
1448 Pine Street, Suite 103 San Francisco, California 94109 Telephone: (415) 567-7700
E-mail: [email protected]
http://www.iee-sf.com
Date: June 14, 2022
To: Amalia Bowley Fuentes
Lozeau | Drury LLP
1939 Harrison Street, Suite 150
Oakland, California 94612
From: Francis J. Offermann PE CIH
Subject: Outdoor and Indoor Air Quality: Primrose and Adelanto Cannabis Project, Adelanto, CA (IEE File Reference: P-4591)
Pages: 20
Outdoor Air Quality Impacts
I have review the proposed cannabis cultivation, volatile manufacturing, transportation, and distribution facility located at Primrose Street and Adelanto Road, Adelanto, CA (City of Adelanto, 2022), and my expert opinion is that if adequate odor mitigation measures are not incorporated into the design and operation of the facility, there will be significant odors introduced into the surrounding ambient outdoor air.

According to the CEQA Guidelines (Cal. Code Regs. tit. 14) § 15064(d)(1) - Determining the Significance of the Environmental Effects Caused by a Project” In evaluating the significance of the environmental effect of a project, the lead agency shall consider direct physical changes in the environment which may be caused by the project and reasonably foreseeable indirect physical changes in the environment which may be caused by the project.(1) A direct physical change in the environment is a physical change in the environment which is caused by and immediately related to the project. Examples of direct physical changes in the environment are the dust, noise, and traffic of heavy equipment that would result from construction of a sewage treatment plant and possible odors from operation of the plant.
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Cannabis does not need to be smoked to produce odors. Growing, curing, and dried cannabis all produce large amounts of volatile organic compounds with low odor thresholds, including nonanal, decanol, o-cymene, isobutyraldehyde, 1- chloroacetophenone, nerol, propylamine, o-guaiacol, linalyl acetate, methyl, anthranilate, benzaldehyde, and limonene (Rice and Koziel, 2015).

I am an indoor air scientist and engineer with 40 years of experience in measuring indoor air quality and odors, and designing mitigation measures, including those related to cannabis odors.

The following are my recommendations for controlling cannabis odors from being released from the proposed cannabis production and retail facility located at located at Primrose Street and Adelanto Road, Adelanto, CA.

For each room with any unpackaged cannabis or cannabis in packaging that is not odor tight the following odor mitigation measures shall be established.

1.) Doors to the room will have automatic door closers that close the door within 3 seconds. Daily door openings shall be kept to a minimum.

2.) Air shall be exhausted from the room to maintain a minimum negative air pressure of

0.02 inches of water with respect to the adjacent spaces at all times that the door is closed and cannabis odors are present in the room. An air pressure sensor shall be mounted in the room capable of displaying the negative air pressure inside and outside of the room. If the exhaust fan is not operated continuously (i.e., 24 hours per day, 7 days per week), then the exhaust fan will be operated at all times there is unpackaged cannabis or cannabis in packaging that is not odor tight and continue for a minimum of 5 air changes following the sealing of all unpackaged cannabis or cannabis in packaging that is not odor tight into odor tight containers, or until such time there is no detectible cannabis odor in the room.

3.) The exhaust air from the room shall pass through an activated charcoal filter before being exhausted outdoors, such that the contact time through the media (i.e., thickness of 212
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activated charcoal packed bed divided by the airflow rate) is no less than 0.06 seconds.

The selected activated carbon and design contact time shall be such that no perceptible cannabis odor is detectable from the exhaust air at the discharge point into the outdoor air with the maximum cannabis odor is present in the room.

4.) In each room operate during periods that cannabis is unpackaged, or in packaging that is not odor tight, operate an air purifier with an activated carbon filter such that a minimum of six air changes per hour is delivered to the room.

5.) Odor Log. A written daily log of the presence of cannabis odor at each of the facilities entrances and at each of the exhaust air discharge points into the outdoor shall be conducted by a trained staff person during the time which the maximum cannabis odor is present in the room. The written daily log shall contain the date, time, location of odor measurement, and the name of the staff person conducting the odor assessment. If cannabis odor is detected, then all unpackaged cannabis or cannabis in packaging that is not odor tight will be immediately placed into odor tight containers until such time as the cause of the odor is corrected (e.g., changing the activated charcoal filter, adjusting the airflow rate through the air activated charcoal filter, increasing the negative air pressure in the room etc.). The written daily logs shall be kept on site for a minimum of 5 years.

6.) Maintenance. Prepare a maintenance schedule for the exhaust fans, activated charcoal filters, and automatic door closers. All maintenance activities, shall be documented in logs identifying the maintenance activity, the date of the maintenance activity, and the person carrying out the activity.

7.) Training. Prepare a training schedule for staff. The staff training program shall include, but not be limited to, the following:
• The terms of the facility’s Good Neighbor Policy
• How different odor control tools, equipment and products work • Safety concerns related to odor control
• Mastering effective odor control strategies
• Odor system maintenance
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• Maintaining records for the odor management system
• Strategies to actively reduce odor
• Reporting issues to management
A log of all training events shall be maintained including but not limited to the date of the training activity, name of trainer, names of persons attending, and training topic.

Indoor Air Quality Impacts
Indoor air quality (IAQ) directly impacts the comfort and health of building occupants, and the achievement of acceptable IAQ in newly constructed and renovated buildings is a well-recognized design objective. For example, IAQ is addressed by major highperformance building rating systems and building codes (California Building Standards Commission, 2014; USGBC, 2014). Indoor air quality in homes is particularly important because occupants, on average, spend approximately ninety percent of their time indoors with the majority of this time spent at home (EPA, 2011). Some segments of the population that are most susceptible to the effects of poor IAQ, such as the very young and the elderly, occupy their homes almost continuously. Additionally, an increasing number of adults are working from home at least some of the time during the workweek.

Indoor air quality also is a serious concern for workers in hotels, offices and other business establishments.

The concentrations of many air pollutants often are elevated in homes and other buildings relative to outdoor air because many of the materials and products used indoors contain and release a variety of pollutants to air (Hodgson et al., 2002; Offermann and Hodgson, 2011). With respect to indoor air contaminants for which inhalation is the primary route of exposure, the critical design and construction parameters are the provision of adequate ventilation and the reduction of indoor sources of the contaminants.

Indoor Formaldehyde Concentrations Impact. In the California New Home Study (CNHS) of 108 new homes in California (Offermann, 2009), 25 air contaminants were measured, and formaldehyde was identified as the indoor air contaminant with the highest cancer risk as determined by the California Proposition 65 Safe Harbor Levels (OEHHA, 2017a), No Significant Risk Levels (NSRL) for carcinogens. The NSRL is the daily intake 214
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level calculated to result in one excess case of cancer in an exposed population of 100,000 (i.e., ten in one million cancer risk) and for formaldehyde is 40 µg/day. The NSRL concentration of formaldehyde that represents a daily dose of 40 µg is 2 µg/m3, assuming a continuous 24-hour exposure, a total daily inhaled air volume of 20 m3, and 100% absorption by the respiratory system. All of the CNHS homes exceeded this NSRL concentration of 2 µg/m3. The median indoor formaldehyde concentration was 36 µg/m3, and ranged from 4.8 to 136 µg/m3, which corresponds to a median exceedance of the 2 µg/m3 NSRL concentration of 18 and a range of 2.3 to 68.

Therefore, the cancer risk of a resident living in a California home with the median indoor formaldehyde concentration of 36 µg/m3, is 180 per million as a result of formaldehyde alone. The CEQA significance threshold for airborne cancer risk is 10 per million, as established by the South Coast Air Quality Management District (SCAQMD, 2015).

Besides being a human carcinogen, formaldehyde is also a potent eye and respiratory irritant. In the CNHS, many homes exceeded the non-cancer reference exposure levels (RELs) prescribed by California Office of Environmental Health Hazard Assessment (OEHHA, 2017b). The percentage of homes exceeding the RELs ranged from 98% for the Chronic REL of 9 µg/m3 to 28% for the Acute REL of 55 µg/m3.

The primary source of formaldehyde indoors is composite wood products manufactured with urea-formaldehyde resins, such as plywood, medium density fiberboard, and particleboard. These materials are commonly used in building construction for flooring, cabinetry, baseboards, window shades, interior doors, and window and door trims.

In January 2009, the California Air Resources Board (CARB) adopted an airborne toxics control measure (ATCM) to reduce formaldehyde emissions from composite wood products, including hardwood plywood, particleboard, medium density fiberboard, and also furniture and other finished products made with these wood products (California Air Resources Board 2009). While this formaldehyde ATCM has resulted in reduced emissions from composite wood products sold in California, they do not preclude that 215
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homes built with composite wood products meeting the CARB ATCM will have indoor formaldehyde concentrations below cancer and non-cancer exposure guidelines.

A follow up study to the California New Home Study (CNHS) was conducted in 2016- 2018 (Singer et. al., 2019), and found that the median indoor formaldehyde in new homes built after 2009 with CARB Phase 2 Formaldehyde ATCM materials had lower indoor formaldehyde concentrations, with a median indoor concentrations of 22.4 µg/m3 (18.2 ppb) as compared to a median of 36 µg/m3 found in the 2007 CNHS. Unlike in the CNHS study where formaldehyde concentrations were measured with pumped DNPH samplers, the formaldehyde concentrations in the HENGH study were measured with passive samplers, which were estimated to under-measure the true indoor formaldehyde concentrations by approximately 7.5%. Applying this correction to the HENGH indoor formaldehyde concentrations results in a median indoor concentration of 24.1 µg/m3, which is 33% lower than the 36 µg/m3 found in the 2007 CNHS.

Thus, while new homes built after the 2009 CARB formaldehyde ATCM have a 33% lower median indoor formaldehyde concentration and cancer risk, the median lifetime cancer risk is still 120 per million for homes built with CARB compliant composite wood products. This median lifetime cancer risk is more than 12 times the OEHHA 10 in a million cancer risk threshold (OEHHA, 2017a).

With respect to the Primrose and Adelanto Cannabis Project, Adelanto, CA the buildings consist of commercial spaces.

The employees of the commercial building spaces are expected to experience significant indoor exposures (e.g., 40 hours per week, 50 weeks per year). These exposures for employees are anticipated to result in significant cancer risks resulting from exposures to formaldehyde released by the building materials and furnishing commonly found in offices, warehouses, residences and hotels.

Because these commercial building spaces will be constructed with CARB Phase 2 Formaldehyde ATCM materials, and be ventilated with the minimum code required 216
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amount of outdoor air, the indoor formaldehyde concentrations are likely similar to those concentrations observed in residences built with CARB Phase 2 Formaldehyde ATCM materials, which is a median of 24.1 µg/m3 (Singer et. al., 2020) Assuming that the commercial building space employees work 8 hours per day and inhale 20 m3 of air per day, the formaldehyde dose per work-day is 161 µg/day.

Assuming that these employees work 5 days per week and 50 weeks per year for 45 years (start at age 20 and retire at age 65) the average 70-year lifetime formaldehyde daily dose is 70.9 µg/day.

This is 1.77 times the NSRL (OEHHA, 2017a) of 40 µg/day and represents a cancer risk of 17.7 per million, which exceeds the CEQA cancer risk of 10 per million. This impact should be analyzed in an environmental impact report (“EIR”), and the agency should impose all feasible mitigation measures to reduce this impact. Several feasible mitigation measures are discussed below and these and other measures should be analyzed in an EIR.

Appendix A, Indoor Formaldehyde Concentrations and the CARB Formaldehyde ATCM, provides analyses that show utilization of CARB Phase 2 Formaldehyde ATCM materials will not ensure acceptable cancer risks with respect to formaldehyde emissions from composite wood products.

Even composite wood products manufactured with CARB certified ultra low emitting formaldehyde (ULEF) resins do not insure that the indoor air will have concentrations of formaldehyde the meet the OEHHA cancer risks that substantially exceed 10 per million.

The permissible emission rates for ULEF composite wood products are only 11-15% lower than the CARB Phase 2 emission rates. Only use of composite wood products made with no-added formaldehyde resins (NAF), such as resins made from soy, polyvinyl acetate, or methylene diisocyanate can insure that the OEHHA cancer risk of 10 per million is met.
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The following describes a method that should be used, prior to construction in the environmental review under CEQA, for determining whether the indoor concentrations resulting from the formaldehyde emissions of specific building materials/furnishings selected exceed cancer and non-cancer guidelines. Such a design analyses can be used to identify those materials/furnishings prior to the completion of the City’s CEQA review and project approval, that have formaldehyde emission rates that contribute to indoor concentrations that exceed cancer and non-cancer guidelines, so that alternative lower emitting materials/furnishings may be selected and/or higher minimum outdoor air ventilation rates can be increased to achieve acceptable indoor concentrations and incorporated as mitigation measures for this project.

Pre-Construction Building Material/Furnishing Formaldehyde Emissions Assessment This formaldehyde emissions assessment should be used in the environmental review under CEQA to assess the indoor formaldehyde concentrations from the proposed loading of building materials/furnishings, the area-specific formaldehyde emission rate data for building materials/furnishings, and the design minimum outdoor air ventilation rates. This assessment allows the applicant (and the City) to determine, before the conclusion of the environmental review process and the building materials/furnishings are specified, purchased, and installed, if the total chemical emissions will exceed cancer and non-cancer guidelines, and if so, allow for changes in the selection of specific material/furnishings and/or the design minimum outdoor air ventilations rates such that cancer and non-cancer guidelines are not exceeded.

1.) Define Indoor Air Quality Zones. Divide the building into separate indoor air quality zones, (IAQ Zones). IAQ Zones are defined as areas of well-mixed air. Thus, each ventilation system with recirculating air is considered a single zone, and each room or group of rooms where air is not recirculated (e.g. 100% outdoor air) is considered a separate zone. For IAQ Zones with the same construction material/furnishings and design minimum outdoor air ventilation rates. (e.g. hotel rooms, apartments, condominiums, etc.) the formaldehyde emission rates need only be assessed for a single IAQ Zone of that type.
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2.) Calculate Material/Furnishing Loading. For each IAQ Zone, determine the building material and furnishing loadings (e.g., m2 of material/m2 floor area, units of furnishings/m2 floor area) from an inventory of all potential indoor formaldehyde sources, including flooring, ceiling tiles, furnishings, finishes, insulation, sealants, adhesives, and any products constructed with composite wood products containing ureaformaldehyde resins (e.g., plywood, medium density fiberboard, particleboard).

3.) Calculate the Formaldehyde Emission Rate. For each building material, calculate the formaldehyde emission rate (µg/h) from the product of the area-specific formaldehyde emission rate (µg/m2-h) and the area (m2) of material in the IAQ Zone, and from each furnishing (e.g. chairs, desks, etc.) from the unit-specific formaldehyde emission rate (µg/unit-h) and the number of units in the IAQ Zone.

NOTE: As a result of the high-performance building rating systems and building codes (California Building Standards Commission, 2014; USGBC, 2014), most manufacturers of building materials furnishings sold in the United States conduct chemical emission rate tests using the California Department of Health “Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions for Indoor Sources Using Environmental Chambers,” (CDPH, 2017), or other equivalent chemical emission rate testing methods. Most manufacturers of building furnishings sold in the United States conduct chemical emission rate tests using ANSI/BIFMA M7.1 Standard Test Method for Determining VOC Emissions (BIFMA, 2018), or other equivalent chemical emission rate testing methods.

CDPH, BIFMA, and other chemical emission rate testing programs, typically certify that a material or furnishing does not create indoor chemical concentrations in excess of the maximum concentrations permitted by their certification. For instance, the CDPH emission rate testing requires that the measured emission rates when input into an office, school, or residential model do not exceed one-half of the OEHHA Chronic Exposure Guidelines (OEHHA, 2017b) for the 35 specific VOCs, including formaldehyde, listed in Table 4-1 of the CDPH test method (CDPH, 2017). These certifications themselves do not provide the actual area-specific formaldehyde emission rate (i.e., µg/m2-h) of the product, but rather provide data that the formaldehyde emission rates do not exceed the 219
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maximum rate allowed for the certification. Thus, for example, the data for a certification of a specific type of flooring may be used to calculate that the area-specific emission rate of formaldehyde is less than 31 µg/m2-h, but not the actual measured specific emission rate, which may be 3, 18, or 30 µg/m2-h. These area-specific emission rates determined from the product certifications of CDPH, BIFA, and other certification programs can be used as an initial estimate of the formaldehyde emission rate.

If the actual area-specific emission rates of a building material or furnishing is needed (i.e. the initial emission rates estimates from the product certifications are higher than desired), then that data can be acquired by requesting from the manufacturer the complete chemical emission rate test report. For instance if the complete CDPH emission test report is requested for a CDHP certified product, that report will provide the actual areaspecific emission rates for not only the 35 specific VOCs, including formaldehyde, listed in Table 4-1 of the CDPH test method (CDPH, 2017), but also all of the cancer and reproductive/developmental chemicals listed in the California Proposition 65 Safe Harbor Levels (OEHHA, 2017a), all of the toxic air contaminants (TACs) in the California Air Resources Board Toxic Air Contamination List (CARB, 2011), and the 10 chemicals with the greatest emission rates.

Alternatively, a sample of the building material or furnishing can be submitted to a chemical emission rate testing laboratory, such as Berkeley Analytical Laboratory (https://berkeleyanalytical.com), to measure the formaldehyde emission rate.

4.) Calculate the Total Formaldehyde Emission Rate. For each IAQ Zone, calculate the total formaldehyde emission rate (i.e. µg/h) from the individual formaldehyde emission rates from each of the building material/furnishings as determined in Step 3.

5.) Calculate the Indoor Formaldehyde Concentration. For each IAQ Zone, calculate the indoor formaldehyde concentration (µg/m3) from Equation 1 by dividing the total formaldehyde emission rates (i.e. µg/h) as determined in Step 4, by the design minimum outdoor air ventilation rate (m3/h) for the IAQ Zone.
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𝐶!" = #!"!#$
$"#
(Equation 1)
where:

Cin = indoor formaldehyde concentration (µg/m3)
Etotal = total formaldehyde emission rate (µg/h) into the IAQ Zone.

Qoa = design minimum outdoor air ventilation rate to the IAQ Zone (m3/h) The above Equation 1 is based upon mass balance theory, and is referenced in Section

3.10.2 “Calculation of Estimated Building Concentrations” of the California Department of Health “Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions for Indoor Sources Using Environmental Chambers”, (CDPH, 2017).

6.) Calculate the Indoor Exposure Cancer and Non-Cancer Health Risks. For each IAQ Zone, calculate the cancer and non-cancer health risks from the indoor formaldehyde concentrations determined in Step 5 and as described in the OEHHA Air Toxics Hot Spots Program Risk Assessment Guidelines; Guidance Manual for Preparation of Health Risk Assessments (OEHHA, 2015).

7.) Mitigate Indoor Formaldehyde Exposures of exceeding the CEQA Cancer and/or Non-Cancer Health Risks. In each IAQ Zone, provide mitigation for any formaldehyde exposure risk as determined in Step 6, that exceeds the CEQA cancer risk of 10 per million or the CEQA non-cancer Hazard Quotient of 1.0.

Provide the source and/or ventilation mitigation required in all IAQ Zones to reduce the health risks of the chemical exposures below the CEQA cancer and non-cancer health risks.

Source mitigation for formaldehyde may include:

1.) reducing the amount materials and/or furnishings that emit formaldehyde

2.) substituting a different material with a lower area-specific emission rate of formaldehyde

Ventilation mitigation for formaldehyde emitted from building materials and/or 221
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furnishings may include:

1.) increasing the design minimum outdoor air ventilation rate to the IAQ Zone.

NOTE: Mitigating the formaldehyde emissions through use of less material/furnishings, or use of lower emitting materials/furnishings, is the preferred mitigation option, as mitigation with increased outdoor air ventilation increases initial and operating costs associated with the heating/cooling systems.

Further, we are not asking that the builder “speculate” on what and how much composite materials be used, but rather at the design stage to select composite wood materials based on the formaldehyde emission rates that manufacturers routinely conduct using the California Department of Health “Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions for Indoor Sources Using Environmental Chambers,” (CDPH, 2017), and use the procedure described earlier above (i.e. PreConstruction Building Material/Furnishing Formaldehyde Emissions Assessment) to insure that the materials selected achieve acceptable cancer risks from material off gassing of formaldehyde.

PM2.5 Outdoor Concentrations Impact. According to the City of Adelanto Planning Commission (2022), this Project is located in the Mojave Desert Air Basin, which is a State and Federal non-attainment area for PM2.5 (Mohave Desert Air Quality Management District, 2022).

An air quality analyses should to be conducted to determine the concentrations of PM2.5 in the outdoor and indoor air that people inhale each day. This air quality analyses needs to consider the cumulative impacts of the project related emissions, existing and projected future emissions from local PM2.5 sources (e.g. stationary sources, motor vehicles, and airport traffic) upon the outdoor air concentrations at the Project site. If the outdoor concentrations are determined to exceed the California and National annual average PM2.5 exceedence concentration of 12 µg/m3, or the National 24-hour average exceedence concentration of 35 µg/m3, then the buildings need to have a mechanical supply of outdoor air that has air filtration with sufficient removal efficiency, such that the indoor 222
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concentrations of outdoor PM2.5 particles is less than the California and National PM2.5 annual and 24-hour standards.

It is my experience that based on the projected high traffic noise levels, the annual average concentration of PM2.5 will exceed the California and National PM2.5 annual and 24-hour standards and warrant installation of high efficiency air filters (i.e. MERV 13 or higher) in all mechanically supplied outdoor air ventilation systems.

Outdoor and Indoor Air Quality Impact Mitigation Measures The following are recommended mitigation measures to minimize the Project impacts upon outdoor air and indoor air quality:

Cannabis Odor Intrusion into Outdoor Air Mitigation. Implement each of the seven (7) odor mitigation measures contained in the Outdoor Air Quality Impacts section of this letter for all rooms with any unpackaged cannabis or cannabis in packaging that is not odor tight, including;
- automatic door closers
- exhaust air to maintain a minimum negative air pressure of 0.02 inches of water with respect to the adjacent spaces
- filtration of all exhaust air with activated charcoal filters with a minimum air contact time of 0.06 seconds with the activated charcoal - operation of air purifiers with an activated carbon filter such that a minimum of six air changes per hour is delivered to the room.
- daily written odor logs
- maintenance schedule for the exhaust fans, activated charcoal filters, and automatic door closers
- odor control training for all staff
Indoor Formaldehyde Concentrations Mitigation. Use only composite wood materials (e.g. hardwood plywood, medium density fiberboard, particleboard) for all interior finish 223
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systems that are made with CARB approved no-added formaldehyde (NAF) resins (CARB, 2009). CARB Phase 2 certified composite wood products, or ultra-low emitting formaldehyde (ULEF) resins, do not insure indoor formaldehyde concentrations that are below the CEQA cancer risk of 10 per million. Only composite wood products manufactured with CARB approved no-added formaldehyde (NAF) resins, such as resins made from soy, polyvinyl acetate, or methylene diisocyanate can insure that the OEHHA cancer risk of 10 per million is met.

Alternatively, conduct the previously described Pre-Construction Building Material/Furnishing Chemical Emissions Assessment, to determine that the combination of formaldehyde emissions from building materials and furnishings do not create indoor formaldehyde concentrations that exceed the CEQA cancer and non-cancer health risks.

It is important to note that we are not asking that the builder “speculate” on what and how much composite materials be used, but rather at the design stage to select composite wood materials based on the formaldehyde emission rates that manufacturers routinely conduct using the California Department of Health “Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions for Indoor Sources Using Environmental Chambers”, (CDPH, 2017), and use the procedure described above (i.e.

Pre-Construction Building Material/Furnishing Formaldehyde Emissions Assessment) to insure that the materials selected achieve acceptable cancer risks from material off gassing of formaldehyde.

PM2.5 Outdoor Air Concentration Mitigation. Install air filtration with sufficient PM2.5 removal efficiency (e.g. MERV 13 or higher) to filter the outdoor air entering the mechanical outdoor air supply systems, such that the indoor concentrations of outdoor PM2.5 particles are less than the California and National PM2.5 annual and 24-hour standards. Install the air filters in the system such that they are accessible for replacement by the occupants or maintenance personnel. Include in the mechanical outdoor air ventilation system manual instructions on how to replace the air filters and the estimated frequency of replacement.
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References
BIFA. 2018. BIFMA Product Safety and Performance Standards and Guidelines. www.bifma.org/page/standardsoverview
California Air Resources Board. 2009. Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products. California Environmental Protection Agency, Sacramento, CA.
https://www.arb.ca.gov/regact/2007/compwood07/fro-final.pdf California Air Resources Board. 2011. Toxic Air Contaminant Identification List.

California Environmental Protection Agency, Sacramento, CA. https://www.arb.ca.gov/toxics/id/taclist.htm
California Building Code. 2001. California Code of Regulations, Title 24, Part 2 Volume 1, Appendix Chapter 12, Interior Environment, Division 1, Ventilation, Section 1207:
2001 California Building Code, California Building Standards Commission. Sacramento, CA.

California Building Standards Commission (2014). 2013 California Green Building Standards Code. California Code of Regulations, Title 24, Part 11. California Building Standards Commission, Sacramento, CA http://www.bsc.ca.gov/Home/CALGreen.aspx.

California Energy Commission, PIER Program. CEC-500-2007-033. Final Report, ARB Contract 03-326. Available at: www.arb.ca.gov/research/apr/past/03-326.pdf.

California Energy Commission, 2015. 2016 Building Energy Efficiency Standards for Residential and Nonresidential Buildings, California Code of Regulations, Title 24, Part 6. http://www.energy.ca.gov/2015publications/CEC-400-2015-037/CEC-400-2015-037- CMF.pdf
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CDPH. 2017. Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions for Indoor Sources Using Environmental Chambers, Version 1.1.

California Department of Public Health, Richmond, CA.
https://www.cdph.ca.gov/Programs/CCDPHP/ DEODC/EHLB/IAQ/Pages/VOC.aspx.

City of Adelanto Planning Commission. 2022. May 18, 2022 Agenda Report - Conditional Use Permit 22-05 & Location Development Plan 22-05.

EPA. 2011. Exposure Factors Handbook: 2011 Edition, Chapter 16 – Activity Factors.

Report EPA/600/R-09/052F, September 2011. U.S. Environmental Protection Agency, Washington, D.C.

Hodgson, A. T., D. Beal, J.E.R. McIlvaine. 2002. Sources of formaldehyde, other aldehydes and terpenes in a new manufactured house. Indoor Air 12: 235–242.

Mohave Desert Air Quality Management District (MDAQMD). 2022. MDAQMD Attainment Status. https://www.mdaqmd.ca.gov/air-quality/mdaqmd-attaiment-status OEHHA (Office of Environmental Health Hazard Assessment). 2015. Air Toxics Hot Spots Program Risk Assessment Guidelines; Guidance Manual for Preparation of Health Risk Assessments.

OEHHA (Office of Environmental Health Hazard Assessment). 2017a. Proposition 65 Safe Harbor Levels. No Significant Risk Levels for Carcinogens and Maximum Allowable Dose Levels for Chemicals Causing Reproductive Toxicity. Available at:
http://www.oehha.ca.gov/prop65/pdf/safeharbor081513.pdf OEHHA - Office of Environmental Health Hazard Assessment. 2017b. All OEHHA Acute, 8-hour and Chronic Reference Exposure Levels. Available at:
http://oehha.ca.gov/air/allrels.html
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Offermann, F. J. 2009. Ventilation and Indoor Air Quality in New Homes. California Air Resources Board and California Energy Commission, PIER Energy-Related Environmental Research Program. Collaborative Report. CEC-500-2009-085. https://www.arb.ca.gov/research/apr/past/04-310.pdf
Offermann, F. J. and A. T. Hodgson. 2011. Emission Rates of Volatile Organic Compounds in New Homes. Proceedings Indoor Air 2011 (12th International Conference on Indoor Air Quality and Climate 2011), June 5-10, 2011, Austin, TX.

Rice, S, and Koziel J. 2015. Characterizing the Smell of Marijuana by Odor Impact of Volatile Compounds: An Application of Simultaneous Chemical and Sensory Analysis Singer, B.C, Chan, W.R, Kim, Y., Offermann, F.J., and Walker I.S. 2020. Indoor Air Quality in California Homes with Code-Required Mechanical Ventilation. Indoor Air, Vol 30, Issue 5, 885-899.

USGBC. 2014. LEED BD+C Homes v4. U.S. Green Building Council, Washington, D.C. http://www.usgbc.org/credits/homes/v4
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APPENDIX A

INDOOR FORMALDEHYDE CONCENTRATIONS

AND THE

CARB FORMALDEHYDE ATCM
With respect to formaldehyde emissions from composite wood products, the CARB ATCM regulations of formaldehyde emissions from composite wood products, do not assure healthful indoor air quality. The following is the stated purpose of the CARB ATCM regulation - The purpose of this airborne toxic control measure is to “reduce formaldehyde emissions from composite wood products, and finished goods that contain composite wood products, that are sold, offered for sale, supplied, used, or manufactured for sale in California”. In other words, the CARB ATCM regulations do not “assure healthful indoor air quality”, but rather “reduce formaldehyde emissions from composite wood products”.

Just how much protection do the CARB ATCM regulations provide building occupants from the formaldehyde emissions generated by composite wood products? Definitely some, but certainly the regulations do not “assure healthful indoor air quality” when CARB Phase 2 products are utilized. As shown in the Chan 2019 study of new California homes, the median indoor formaldehyde concentration was of 22.4 µg/m3 (18.2 ppb), which corresponds to a cancer risk of 112 per million for occupants with continuous exposure, which is more than 11 times the CEQA cancer risk of 10 per million.

Another way of looking at how much protection the CARB ATCM regulations provide building occupants from the formaldehyde emissions generated by composite wood products is to calculate the maximum number of square feet of composite wood product that can be in a residence without exceeding the CEQA cancer risk of 10 per million for occupants with continuous occupancy.

For this calculation I utilized the floor area (2,272 ft2), the ceiling height (8.5 ft), and the number of bedrooms (4) as defined in Appendix B (New Single-Family Residence Scenario) of the Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions for Indoor Sources Using Environmental Chambers, Version 1.1, 2017, California 228
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Department of Public Health, Richmond, CA. https://www.cdph.ca.gov/Programs/CCDPHP/ DEODC/EHLB/IAQ/Pages/VOC.aspx.

For the outdoor air ventilation rate I used the 2019 Title 24 code required mechanical ventilation rate (ASHRAE 62.2) of 106 cfm (180 m3/h) calculated for this model residence.

For the composite wood formaldehyde emission rates I used the CARB ATCM Phase 2 rates.

The calculated maximum number of square feet of composite wood product that can be in a residence, without exceeding the CEQA cancer risk of 10 per million for occupants with continuous occupancy are as follows for the different types of regulated composite wood products.

Medium Density Fiberboard (MDF) – 15 ft2 (0.7% of the floor area), or Particle Board – 30 ft2 (1.3% of the floor area), or
Hardwood Plywood – 54 ft2 (2.4% of the floor area), or
Thin MDF – 46 ft2 (2.0 % of the floor area).

For offices and hotels the calculated maximum amount of composite wood product (% of floor area) that can be used without exceeding the CEQA cancer risk of 10 per million for occupants, assuming 8 hours/day occupancy, and the California Mechanical Code minimum outdoor air ventilation rates are as follows for the different types of regulated composite wood products.

Medium Density Fiberboard (MDF) – 3.6 % (offices) and 4.6% (hotel rooms), or Particle Board – 7.2 % (offices) and 9.4% (hotel rooms), or Hardwood Plywood – 13 % (offices) and 17% (hotel rooms), or Thin MDF – 11 % (offices) and 14 % (hotel rooms)
Clearly the CARB ATCM does not regulate the formaldehyde emissions from composite wood products such that the potentially large areas of these products, such as for flooring, baseboards, interior doors, window and door trims, and kitchen and bathroom cabinetry, 229
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could be used without causing indoor formaldehyde concentrations that result in CEQA cancer risks that substantially exceed 10 per million for occupants with continuous occupancy.

If CARB Phase 2 compliant or ULEF composite wood products are utilized in construction, then the resulting indoor formaldehyde concentrations should be determined in the design phase using the specific amounts of each type of composite wood product, the specific formaldehyde emission rates, and the volume and outdoor air ventilation rates of the indoor spaces, and all feasible mitigation measures employed to reduce this impact (e.g. use less formaldehyde containing composite wood products and/or incorporate mechanical systems capable of higher outdoor air ventilation rates). See the procedure described earlier (i.e. Pre-Construction Building Material/Furnishing Formaldehyde Emissions Assessment) to insure that the materials selected achieve acceptable cancer risks from material off gassing of formaldehyde.

Alternatively, and perhaps a simpler approach, is to use only composite wood products (e.g. hardwood plywood, medium density fiberboard, particleboard) for all interior finish systems that are made with CARB approved no-added formaldehyde (NAF) resins. 230
Francis (Bud) J. Offermann III PE, CIH
Indoor Environmental Engineering
1448 Pine Street, Suite 103, San Francisco, CA 94109
Phone: 415-567-7700
Email: [email protected]
http://www.iee-sf.com
Education
M.S. Mechanical Engineering (1985)
Stanford University, Stanford, CA.

Graduate Studies in Air Pollution Monitoring and Control (1980) University of California, Berkeley, CA.

B.S. in Mechanical Engineering (1976)
Rensselaer Polytechnic Institute, Troy, N.Y.

Professional Experience
President: Indoor Environmental Engineering, San Francisco, CA. December, 1981 - present.

Direct team of environmental scientists, chemists, and mechanical engineers in conducting State and Federal research regarding indoor air quality instrumentation development, building air quality field studies, ventilation and air cleaning performance measurements, and chemical emission rate testing.

Provide design side input to architects regarding selection of building materials and ventilation system components to ensure a high quality indoor environment.

Direct Indoor Air Quality Consulting Team for the winning design proposal for the new State of Washington Ecology Department building.

Develop a full-scale ventilation test facility for measuring the performance of air diffusers; ASHRAE 129, Air Change Effectiveness, and ASHRAE 113, Air Diffusion Performance Index.

Develop a chemical emission rate testing laboratory for measuring the chemical emissions from building materials, furnishings, and equipment.

Principle Investigator of the California New Homes Study (2005-2007). Measured ventilation and indoor air quality in 108 new single family detached homes in northern and southern California.

Develop and teach IAQ professional development workshops to building owners, managers, hygienists, and engineers.
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2 Air Pollution Engineer: Earth Metrics Inc., Burlingame, CA, October, 1985 to March, 1987.

Responsible for development of an air pollution laboratory including installation a forced choice olfactometer, tracer gas electron capture chromatograph, and associated calibration facilities. Field team leader for studies of fugitive odor emissions from sewage treatment plants, entrainment of fume hood exhausts into computer chip fabrication rooms, and indoor air quality investigations.

Staff Scientist: Building Ventilation and Indoor Air Quality Program, Energy and Environment Division, Lawrence Berkeley Laboratory, Berkeley, CA. January, 1980 to August, 1984.

Deputy project leader for the Control Techniques group; responsible for laboratory and field studies aimed at evaluating the performance of indoor air pollutant control strategies (i.e. ventilation, filtration, precipitation, absorption, adsorption, and source control).

Coordinated field and laboratory studies of air-to-air heat exchangers including evaluation of thermal performance, ventilation efficiency, cross-stream contaminant transfer, and the effects of freezing/defrosting.

Developed an in situ test protocol for evaluating the performance of air cleaning systems and introduced the concept of effective cleaning rate (ECR) also known as the Clean Air Delivery Rate (CADR).

Coordinated laboratory studies of portable and ducted air cleaning systems and their effect on indoor concentrations of respirable particles and radon progeny.

Co-designed an automated instrument system for measuring residential ventilation rates and radon concentrations.

Designed hardware and software for a multi-channel automated data acquisition system used to evaluate the performance of air-to-air heat transfer equipment.

Assistant Chief Engineer: Alta Bates Hospital, Berkeley, CA, October, 1979 to January, 1980.

Responsible for energy management projects involving installation of power factor correction capacitors on large inductive electrical devices and installation of steam meters on physical plant steam lines. Member of Local 39, International Union of Operating Engineers.

Manufacturing Engineer: American Precision Industries, Buffalo, NY, October, 1977 to October, 1979.
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3 Responsible for reorganizing the manufacturing procedures regarding production of shell and tube heat exchangers. Designed customized automatic assembly, welding, and testing equipment. Designed a large paint spray booth. Prepared economic studies justifying new equipment purchases. Safety Director.

Project Engineer: Arcata Graphics, Buffalo, N.Y. June, 1976 to October, 1977.

Responsible for the design and installation of a bulk ink storage and distribution system and high speed automatic counting and marking equipment. Also coordinated material handling studies which led to the purchase and installation of new equipment.

PROFESSIONAL ORGANIZATION MEMBERSHIP
American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) • Chairman of SPC-145P, Standards Project Committee - Test Method for Assessing the Performance of Gas Phase Air Cleaning Equipment (1991-1992) • Member SPC-129P, Standards Project Committee - Test Method for Ventilation Effectiveness (1986-97)
- Member of Drafting Committee
• Member Environmental Health Committee (1992-1994, 1997-2001, 2007-2010) - Chairman of EHC Research Subcommittee
- Member of Man Made Mineral Fiber Position Paper Subcommittee - Member of the IAQ Position Paper Committee
- Member of the Legionella Position Paper Committee
- Member of the Limiting Indoor Mold and Dampness in Buildings Position Paper Committee
• Member SSPC-62, Standing Standards Project Committee - Ventilation for Acceptable Indoor Air Quality (1992 to 2000)
- Chairman of Source Control and Air Cleaning Subcommittee • Chairman of TC-4.10, Indoor Environmental Modeling (1988-92) - Member of Research Subcommittee
• Chairman of TC-2.3, Gaseous Air Contaminants and Control Equipment (1989-92) - Member of Research Subcommittee
American Society for Testing and Materials (ASTM)
• D-22 Sampling and Analysis of Atmospheres
- Member of Indoor Air Quality Subcommittee
• E-06 Performance of Building Constructions
American Board of Industrial Hygiene (ABIH)
American Conference of Governmental Industrial Hygienists (ACGIH) • Bioaerosols Committee (2007-2013)
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4 American Industrial Hygiene Association (AIHA)
Cal-OSHA Indoor Air Quality Advisory Committee
International Society of Indoor Air Quality and Climate (ISIAQ) • Co-Chairman of Task Force on HVAC Hygiene
U. S. Green Building Council (USGBC)
- Member of the IEQ Technical Advisory Group (2007-2009) - Member of the IAQ Performance Testing Work Group (2010-2012) Western Construction Consultants (WESTCON)

PROFESSIONAL CREDENTIALS
Licensed Professional Engineer - Mechanical Engineering Certified Industrial Hygienist - American Board of Industrial Hygienists

SCIENTIFIC MEETINGS AND SYMPOSIA
Biological Contamination, Diagnosis, and Mitigation, Indoor Air’90, Toronto, Canada, August, 1990.

Models for Predicting Air Quality, Indoor Air’90, Toronto, Canada, August, 1990.

Microbes in Building Materials and Systems, Indoor Air ’93, Helsinki, Finland, July, 1993.

Microorganisms in Indoor Air Assessment and Evaluation of Health Effects and Probable Causes, Walnut Creek, CA, February 27, 1997.

Controlling Microbial Moisture Problems in Buildings, Walnut Creek, CA, February 27, 1997.

Scientific Advisory Committee, Roomvent 98, 6th International Conference on Air Distribution in Rooms, KTH, Stockholm, Sweden, June 14-17, 1998.

Moisture and Mould, Indoor Air ’99, Edinburgh, Scotland, August, 1999.

Ventilation Modeling and Simulation, Indoor Air ’99, Edinburgh, Scotland, August, 1999.

Microbial Growth in Materials, Healthy Buildings 2000, Espoo, Finland, August, 2000. 234
5 Co-Chair, Bioaerosols X- Exposures in Residences, Indoor Air 2002, Monterey, CA, July 2002.

Healthy Indoor Environments, Anaheim, CA, April 2003.

Chair, Environmental Tobacco Smoke in Multi-Family Homes, Indoor Air 2008, Copenhagen, Denmark, July 2008.

Co-Chair, ISIAQ Task Force Workshop; HVAC Hygiene, Indoor Air 2002, Monterey, CA, July 2002.

Chair, ETS in Multi-Family Housing: Exposures, Controls, and Legalities Forum, Healthy Buildings 2009, Syracuse, CA, September 14, 2009.

Chair, Energy Conservation and IAQ in Residences Workshop, Indoor Air 2011, Austin, TX, June 6, 2011.

Chair, Electronic Cigarettes: Chemical Emissions and Exposures Colloquium, Indoor Air 2016, Ghent, Belgium, July 4, 2016.

SPECIAL CONSULTATION
Provide consultation to the American Home Appliance Manufacturers on the development of a standard for testing portable air cleaners, AHAM Standard AC-1.

Served as an expert witness and special consultant for the U.S. Federal Trade Commission regarding the performance claims found in advertisements of portable air cleaners and residential furnace filters.

Conducted a forensic investigation for a San Mateo, CA pro se defendant, regarding an alleged homicide where the victim was kidnapped in a steamer trunk. Determined the air exchange rate in the steamer trunk and how long the person could survive.

Conducted in situ measurement of human exposure to toluene fumes released during nailpolish application for a plaintiffs attorney pursuing a California Proposition 65 product labeling case. June, 1993.

Conducted a forensic in situ investigation for the Butte County, CA Sheriff’s Department of the emissions of a portable heater used in the bedroom of two twin one year old girls who suffered simultaneous crib death.

Consult with OSHA on the 1995 proposed new regulation regarding indoor air quality and environmental tobacco smoke.
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6 Consult with EPA on the proposed Building Alliance program and with OSHA on the proposed new OSHA IAQ regulation.

Johnson Controls Audit/Certification Expert Review; Milwaukee, WI. May 28-29, 1997.

Winner of the nationally published 1999 Request for Proposals by the State of Washington to conduct a comprehensive indoor air quality investigation of the Washington State Department of Ecology building in Lacey, WA.

Selected by the State of California Attorney General’s Office in August, 2000 to conduct a comprehensive indoor air quality investigation of the Tulare County Court House.

Lawrence Berkeley Laboratory IAQ Experts Workshop: “Cause and Prevention of Sick Building Problems in Offices: The Experience of Indoor Environmental Quality Investigators”, Berkeley, California, May 26-27, 2004.

Provide consultation and chemical emission rate testing to the State of California Attorney General’s Office in 2013-2015 regarding the chemical emissions from ecigarettes.

PEER-REVIEWED PUBLICATIONS :

F.J.Offermann, C.D.Hollowell, and G.D.Roseme, "Low-Infiltration Housing in Rochester, New York: A Study of Air Exchange Rates and Indoor Air Quality," Environment International, 8, pp. 435-445, 1982.

W.W.Nazaroff, F.J.Offermann, and A.W.Robb, "Automated System for Measuring Air Exchange Rate and Radon Concentration in Houses," Health Physics, 45, pp. 525-537, 1983.

F.J.Offermann, W.J.Fisk, D.T.Grimsrud, B.Pedersen, and K.L.Revzan, "Ventilation Efficiencies of Wall- or Window-Mounted Residential Air-to-Air Heat Exchangers," ASHRAE Annual Transactions, 89-2B, pp 507-527, 1983.

W.J.Fisk, K.M.Archer, R.E Chant, D. Hekmat, F.J.Offermann, and B.Pedersen, "Onset of Freezing in Residential Air-to-Air Heat Exchangers," ASHRAE Annual Transactions, 91- 1B, 1984.

W.J.Fisk, K.M.Archer, R.E Chant, D. Hekmat, F.J.Offermann, and B.Pedersen, "Performance of Residential Air-to-Air Heat Exchangers During Operation with Freezing and Periodic Defrosts," ASHRAE Annual Transactions, 91-1B, 1984.

F.J.Offermann, R.G.Sextro, W.J.Fisk, D.T.Grimsrud, W.W.Nazaroff, A.V.Nero, and K.L.Revzan, "Control of Respirable Particles with Portable Air Cleaners," Atmospheric Environment, Vol. 19, pp.1761-1771, 1985.
236
7 R.G.Sextro, F.J.Offermann, W.W.Nazaroff, A.V.Nero, K.L.Revzan, and J.Yater, "Evaluation of Indoor Control Devices and Their Effects on Radon Progeny Concentrations," Atmospheric Environment, 12, pp. 429-438, 1986.

W.J. Fisk, R.K.Spencer, F.J.Offermann, R.K.Spencer, B.Pedersen, R.Sextro, "Indoor Air Quality Control Techniques," Noyes Data Corporation, Park Ridge, New Jersey, (1987).

F.J.Offermann, "Ventilation Effectiveness and ADPI Measurements of a Forced Air Heating System," ASHRAE Transactions , Volume 94, Part 1, pp 694-704, 1988.

F.J.Offermann and D. Int-Hout "Ventilation Effectiveness Measurements of Three Supply/Return Air Configurations," Environment International , Volume 15, pp 585-592 1989.

F.J. Offermann, S.A. Loiselle, M.C. Quinlan, and M.S. Rogers, "A Study of Diesel Fume Entrainment in an Office Building," IAQ '89, The Human Equation: Health and Comfort, pp 179-183, ASHRAE, Atlanta, GA, 1989.

R.G.Sextro and F.J.Offermann, "Reduction of Residential Indoor Particle and Radon Progeny Concentrations with Ducted Air Cleaning Systems," submitted to Indoor Air, 1990.

S.A.Loiselle, A.T.Hodgson, and F.J.Offermann, "Development of An Indoor Air Sampler for Polycyclic Aromatic Compounds", Indoor Air , Vol 2, pp 191-210, 1991.

F.J.Offermann, S.A.Loiselle, A.T.Hodgson, L.A. Gundel, and J.M. Daisey, "A Pilot Study to Measure Indoor Concentrations and Emission Rates of Polycyclic Aromatic Compounds", Indoor Air , Vol 4, pp 497-512, 1991.

F.J. Offermann, S. A. Loiselle, R.G. Sextro, "Performance Comparisons of Six Different Air Cleaners Installed in a Residential Forced Air Ventilation System," IAQ'91, Healthy Buildings, pp 342-350, ASHRAE, Atlanta, GA (1991).

F.J. Offermann, J. Daisey, A. Hodgson, L. Gundell, and S. Loiselle, "Indoor Concentrations and Emission Rates of Polycyclic Aromatic Compounds", Indoor Air, Vol 4, pp 497-512 (1992).

F.J. Offermann, S. A. Loiselle, R.G. Sextro, "Performance of Air Cleaners Installed in a Residential Forced Air System," ASHRAE Journal, pp 51-57, July, 1992.

F.J. Offermann and S. A. Loiselle, "Performance of an Air-Cleaning System in an Archival Book Storage Facility," IAQ'92, ASHRAE, Atlanta, GA, 1992.

S.B. Hayward, K.S. Liu, L.E. Alevantis, K. Shah, S. Loiselle, F.J. Offermann, Y.L.

Chang, L. Webber, “Effectiveness of Ventilation and Other Controls in Reducing Exposure to ETS in Office Buildings,” Indoor Air ’93, Helsinki, Finland, July 4-8, 1993. 237
8 F.J. Offermann, S. A. Loiselle, G. Ander, H. Lau, "Indoor Contaminant Emission Rates Before and After a Building Bake-out," IAQ'93, Operating and Maintaining Buildings for Health, Comfort, and Productivity, pp 157-163, ASHRAE, Atlanta, GA, 1993.

L.E. Alevantis, Hayward, S.B., Shah, S.B., Loiselle, S., and Offermann, F.J. "Tracer Gas Techniques for Determination of the Effectiveness of Pollutant Removal From Local Sources," IAQ '93, Operating and Maintaining Buildings for Health, Comfort, and Productivity, pp 119-129, ASHRAE, Atlanta, GA, 1993.

L.E. Alevantis, Liu, L.E., Hayward, S.B., Offermann, F.J., Shah, S.B., Leiserson, K.

Tsao, E., and Huang, Y., "Effectiveness of Ventilation in 23 Designated Smoking Areas in California Buildings," IAQ '94, Engineering Indoor Environments, pp 167-181, ASHRAE, Atlanta, GA, 1994.

L.E. Alevantis, Offermann, F.J., Loiselle, S., and Macher, J.M., “Pressure and Ventilation Requirements of Hospital Isolation Rooms for Tuberculosis (TB) Patients: Existing Guidelines in the United States and a Method for Measuring Room Leakage”, Ventilation and Indoor air quality in Hospitals, M. Maroni, editor, Kluwer Academic publishers, Netherlands, 1996.

F.J. Offermann, M. A. Waz, A.T. Hodgson, and H.M. Ammann, "Chemical Emissions from a Hospital Operating Room Air Filter," IAQ'96, Paths to Better Building Environments, pp 95-99, ASHRAE, Atlanta, GA, 1996.

F.J. Offermann, "Professional Malpractice and the Sick Building Investigator," IAQ'96, Paths to Better Building Environments, pp 132-136, ASHRAE, Atlanta, GA, 1996.

F.J. Offermann, “Standard Method of Measuring Air Change Effectiveness,” Indoor Air, Vol 1, pp.206-211, 1999.

F. J. Offermann, A. T. Hodgson, and J. P. Robertson, “Contaminant Emission Rates from PVC Backed Carpet Tiles on Damp Concrete”, Healthy Buildings 2000, Espoo, Finland, August 2000.

K.S. Liu, L.E. Alevantis, and F.J. Offermann, “A Survey of Environmental Tobacco Smoke Controls in California Office Buildings”, Indoor Air, Vol 11, pp. 26-34, 2001.

F.J. Offermann, R. Colfer, P. Radzinski, and J. Robertson, “Exposure to Environmental Tobacco Smoke in an Automobile”, Indoor Air 2002, Monterey, California, July 2002.

F. J. Offermann, J.P. Robertson, and T. Webster, “The Impact of Tracer Gas Mixing on Airflow Rate Measurements in Large Commercial Fan Systems”, Indoor Air 2002, Monterey, California, July 2002.

M. J. Mendell, T. Brennan, L. Hathon, J.D. Odom, F.J.Offermann, B.H. Turk, K.M.

Wallingford, R.C. Diamond, W.J. Fisk, “Causes and prevention of Symptom Complaints 238
9 in Office Buildings: Distilling the Experience of Indoor Environmental Investigators”, submitted to Indoor Air 2005, Beijing, China, September 4-9, 2005.

F.J. Offermann, “Ventilation and IAQ in New Homes With and Without Mechanical Outdoor Air Systems”, Healthy Buildings 2009, Syracuse, CA, September 14, 2009.

F.J. Offermann, “ASHRAE 62.2 Intermittent Residential Ventilation: What’s It Good For, Intermittently Poor IAQ”, IAQVEC 2010, Syracuse, CA, April 21, 2010.

F.J. Offermann and A.T. Hodgson, “Emission Rates of Volatile Organic Compounds in New Homes”, Indoor Air 2011, Austin, TX, June, 2011.

P. Jenkins, R. Johnson, T. Phillips, and F. Offermann, “Chemical Concentrations in New California Homes and Garages”, Indoor Air 2011, Austin, TX, June, 2011.

W. J. Mills, B. J. Grigg, F. J. Offermann, B. E. Gustin, and N. E. Spingarm, “Toluene and Methyl Ethyl Ketone Exposure from a Commercially Available Contact Adhesive”, Journal of Occupational and Environmental Hygiene, 9:D95-D102 May, 2012.

F. J. Offermann, R. Maddalena, J. C. Offermann, B. C. Singer, and H, Wilhelm, “The Impact of Ventilation on the Emission Rates of Volatile Organic Compounds in Residences”, HB 2012, Brisbane, AU, July, 2012.

F. J. Offermann, A. T. Hodgson, P. L. Jenkins, R. D. Johnson, and T. J. Phillips, “Attached Garages as a Source of Volatile Organic Compounds in New Homes”, HB 2012, Brisbane, CA, July, 2012.

R. Maddalena, N. Li, F. Offermann, and B. Singer, “Maximizing Information from Residential Measurements of Volatile Organic Compounds”, HB 2012, Brisbane, AU, July, 2012.

W. Chen, A. Persily, A. Hodgson, F. Offermann, D. Poppendieck, and K. Kumagai, “Area-Specific Airflow Rates for Evaluating the Impacts of VOC emissions in U.S.

Single-Family Homes”, Building and Environment, Vol. 71, 204-211, February, 2014.

F. J. Offermann, A. Eagan A. C. Offermann, and L. J. Radonovich, “Infectious Disease Aerosol Exposures With and Without Surge Control Ventilation System Modifications”, Indoor Air 2014, Hong Kong, July, 2014.

F. J. Offermann, “Chemical Emissions from E-Cigarettes: Direct and Indirect Passive Exposures”, Building and Environment, Vol. 93, Part 1, 101-105, November, 2015.

F. J. Offermann, “Formaldehyde Emission Rates From Lumber Liquidators Laminate Flooring Manufactured in China”, Indoor Air 2016, Belgium, Ghent, July, 2016.

F. J. Offermann, “Formaldehyde and Acetaldehyde Emission Rates for E-Cigarettes”, Indoor Air 2016, Belgium, Ghent, July, 2016.
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10 OTHER REPORTS:

W.J.Fisk, P.G.Cleary, and F.J.Offermann, "Energy Saving Ventilation with Residential Heat Exchangers," a Lawrence Berkeley Laboratory brochure distributed by the Bonneville Power Administration, 1981.

F.J.Offermann, J.R.Girman, and C.D.Hollowell, "Midway House Tightening Project: A Study of Indoor Air Quality," Lawrence Berkeley Laboratory, Berkeley, CA, Report LBL-12777, 1981.

F.J.Offermann, J.B.Dickinson, W.J.Fisk, D.T.Grimsrud, C.D.Hollowell, D.L.Krinkle, and G.D.Roseme, "Residential Air-Leakage and Indoor Air Quality in Rochester, New York," Lawrence Berkeley Laboratory, Berkeley, CA, Report LBL-13100, 1982.

F.J.Offermann, W.J.Fisk, B.Pedersen, and K.L.Revzan, Residential Air-to-Air Heat Exchangers: A Study of the Ventilation Efficiencies of Wall- or Window- Mounted Units," Lawrence Berkeley Laboratory, Berkeley, CA, Report LBL-14358, 1982.

F.J.Offermann, W.J.Fisk, W.W.Nazaroff, and R.G.Sextro, "A Review of Portable Air Cleaners for Controlling Indoor Concentrations of Particulates and Radon Progeny," An interim report for the Bonneville Power Administration, 1983.

W.J.Fisk, K.M.Archer, R.E.Chant, D.Hekmat, F.J.Offermann, and B.S. Pedersen, "Freezing in Residential Air-to-Air Heat Exchangers: An Experimental Study," Lawrence Berkeley Laboratory, Berkeley, CA, Report LBL-16783, 1983.

R.G.Sextro, W.W.Nazaroff, F.J.Offermann, and K.L.Revzan, "Measurements of Indoor Aerosol Properties and Their Effect on Radon Progeny," Proceedings of the American Association of Aerosol Research Annual Meeting, April, 1983.

F.J.Offermann, R.G.Sextro, W.J.Fisk, W.W. Nazaroff, A.V.Nero, K.L.Revzan, and J.Yater, "Control of Respirable Particles and Radon Progeny with Portable Air Cleaners," Lawrence Berkeley Laboratory, Berkeley, CA, Report LBL-16659, 1984.

W.J.Fisk, R.K.Spencer, D.T.Grimsrud, F.J.Offermann, B.Pedersen, and R.G.Sextro, "Indoor Air Quality Control Techniques: A Critical Review," Lawrence Berkeley Laboratory, Berkeley, CA, Report LBL-16493, 1984.

F.J.Offermann, J.R.Girman, and R.G.Sextro, "Controlling Indoor Air Pollution from Tobacco Smoke: Models and Measurements,", Indoor Air, Proceedings of the 3rd International Conference on Indoor Air Quality and Climate, Vol 1, pp 257-264, Swedish Council for Building Research, Stockholm (1984), Lawrence Berkeley Laboratory, Berkeley, CA, Report LBL-17603, 1984.
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11 R.Otto, J.Girman, F.Offermann, and R.Sextro,"A New Method for the Collection and Comparison of Respirable Particles in the Indoor Environment," Lawrence Berkeley Laboratory, Berkeley, CA, Special Director Fund's Study, 1984.

A.T.Hodgson and F.J.Offermann, "Examination of a Sick Office Building," Lawrence Berkeley Laboratory, Berkeley, CA, an informal field study, 1984.

R.G.Sextro, F.J.Offermann, W.W.Nazaroff, and A.V.Nero, "Effects of Aerosol Concentrations on Radon Progeny," Aerosols, Science, & Technology, and Industrial Applications of Airborne Particles, editors B.Y.H.Liu, D.Y.H.Pui, and H.J.Fissan, p525, Elsevier, 1984.

K.Sexton, S.Hayward, F.Offermann, R.Sextro, and L.Weber, "Characterization of Particulate and Organic Emissions from Major Indoor Sources, Proceedings of the Third International Conference on Indoor Air Quality and Climate, Stockholm, Sweden, August 20-24, 1984.

F.J.Offermann, "Tracer Gas Measurements of Laboratory Fume Entrainment at a SemiConductor Manufacturing Plant," an Indoor Environmental Engineering R&D Report, 1986.

F.J.Offermann, "Tracer Gas Measurements of Ventilation Rates in a Large Office Building," an Indoor Environmental Engineering R&D Report, 1986.

F.J.Offermann, "Measurements of Volatile Organic Compounds in a New Large Office Building with Adhesive Fastened Carpeting," an Indoor Environmental Engineering R&D Report, 1986.

F.J.Offermann, "Designing and Operating Healthy Buildings", an Indoor Environmental Engineering R&D Report, 1986.

F.J.Offermann, "Measurements and Mitigation of Indoor Spray-Applicated Pesticides", an Indoor Environmental Engineering R&D Report, 1988.

F.J.Offermann and S. Loiselle, "Measurements and Mitigation of Indoor Mold Contamination in a Residence", an Indoor Environmental Engineering R&D Report, 1989.

F.J.Offermann and S. Loiselle, "Performance Measurements of an Air Cleaning System in a Large Archival Library Storage Facility", an Indoor Environmental Engineering R&D Report, 1989.

F.J. Offermann, J.M. Daisey, L.A. Gundel, and A.T. Hodgson, S. A. Loiselle, "Sampling, Analysis, and Data Validation of Indoor Concentrations of Polycyclic Aromatic Hydrocarbons", Final Report, Contract No. A732-106, California Air Resources Board, March, 1990.
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12 L.A. Gundel, J.M. Daisey, and F.J. Offermann, "A Sampling and Analytical Method for Gas Phase Polycyclic Aromatic Hydrocarbons", Proceedings of the 5th International Conference on Indoor Air Quality and Climate, Indoor Air '90, July 29-August 1990.

A.T. Hodgson, J.M. Daisey, and F.J. Offermann "Development of an Indoor Sampling and Analytical Method for Particulate Polycyclic Aromatic Hydrocarbons", Proceedings of the 5th International Conference on Indoor Air Quality and Climate, Indoor Air '90, July 29-August, 1990.

F.J. Offermann, J.O. Sateri, “Tracer Gas Measurements in Large Multi-Room Buildings”, Indoor Air ’93, Helsinki, Finland, July 4-8, 1993.

F.J.Offermann, M. T. O’Flaherty, and M. A. Waz “Validation of ASHRAE 129 - Standard Method of Measuring Air Change Effectiveness”, Final Report of ASHRAE Research Project 891, December 8, 1997.

S.E. Guffey, F.J. Offermann et. al., “Proceedings of the Workshop on Ventilation Engineering Controls for Environmental Tobacco smoke in the Hospitality Industry”, U.S. Department of Labor Occupational Safety and Health Administration and ACGIH, 1998.

F.J. Offermann, R.J. Fiskum, D. Kosar, and D. Mudaari, “A Practical Guide to Ventilation Practices & Systems for Existing Buildings”, Heating/Piping/Air Conditioning Engineering supplement to April/May 1999 issue.

F.J. Offermann, P. Pasanen, “Workshop 18: Criteria for Cleaning of Air Handling Systems”, Healthy Buildings 2000, Espoo, Finland, August 2000.

F.J. Offermann, Session Summaries: Building Investigations, and Design & Construction, Healthy Buildings 2000, Espoo, Finland, August 2000.

F.J. Offermann, “The IAQ Top 10”, Engineered Systems, November, 2008.

L. Kincaid and F.J. Offermann, “Unintended Consequences: Formaldehyde Exposures in Green Homes, AIHA Synergist, February, 2010.

F.J. Offermann, “ IAQ in Air Tight Homes”, ASHRAE Journal, November, 2010.

F.J. Offermann, “The Hazards of E-Cigarettes”, ASHRAE Journal, June, 2014.

PRESENTATIONS :
"Low-Infiltration Housing in Rochester, New York: A Study of Air Exchange Rates and Indoor Air Quality," Presented at the International Symposium on Indoor Air Pollution, Health and Energy Conservation, Amherst, MA, October 13-16,1981. 242
13 "Ventilation Efficiencies of Wall- or Window-Mounted Residential Air-to-Air Heat Exchangers," Presented at the American Society of Heating, Refrigeration, and Air Conditioning Engineers Summer Meeting, Washington, DC, June, 1983. "Controlling Indoor Air Pollution from Tobacco Smoke: Models and Measurements," Presented at the Third International Conference on Indoor Air Quality and Climate, Stockholm, Sweden, August 20-24, 1984.
"Indoor Air Pollution: An Emerging Environmental Problem", Presented to the Association of Environmental Professionals, Bar Area/Coastal Region 1, Berkeley, CA, May 29, 1986.
"Ventilation Measurement Techniques," Presented at the Workshop on Sampling and Analytical Techniques, Georgia Institute of Technology, Atlanta, Georgia, September 26, 1986 and September 25, 1987.
"Buildings That Make You Sick: Indoor Air Pollution", Presented to the Sacramento Association of Professional Energy Managers, Sacramento, CA, November 18, 1986. "Ventilation Effectiveness and Indoor Air Quality", Presented to the American Society of Heating, Refrigeration, and Air Conditioning Engineers Northern Nevada Chapter, Reno, NV, February 18, 1987, Golden Gate Chapter, San Francisco, CA, October 1, 1987, and the San Jose Chapter, San Jose, CA, June 9, 1987.
"Tracer Gas Techniques for Studying Ventilation," Presented at the Indoor Air Quality Symposium, Georgia Tech Research Institute, Atlanta, GA, September 22-24, 1987. "Indoor Air Quality Control: What Works, What Doesn't," Presented to the Sacramento Association of Professional Energy Managers, Sacramento, CA, November 17, 1987. "Ventilation Effectiveness and ADPI Measurements of a Forced Air Heating System," Presented at the American Society of Heating, Refrigeration, and Air Conditioning Engineers Winter Meeting, Dallas, Texas, January 31, 1988. "Indoor Air Quality, Ventilation, and Energy in Commercial Buildings", Presented at the Building Owners &Managers Association of Sacramento, Sacramento, CA, July 21, 1988.
"Controlling Indoor Air Quality: The New ASHRAE Ventilation Standards and How to Evaluate Indoor Air Quality", Presented at a conference "Improving Energy Efficiency and Indoor Air Quality in Commercial Buildings," National Energy Management Institute, Reno, Nevada, November 4, 1988.
"A Study of Diesel Fume Entrainment Into an Office Building," Presented at Indoor Air '89: The Human Equation: Health and Comfort, American Society of Heating, Refrigeration, and Air Conditioning Engineers, San Diego, CA, April 17-20, 1989. 243
14 "Indoor Air Quality in Commercial Office Buildings," Presented at the Renewable Energy Technologies Symposium and International Exposition, Santa Clara, CA June 20, 1989.
"Building Ventilation and Indoor Air Quality", Presented to the San Joaquin Chapter of the American Society of Heating, Refrigeration, and Air Conditioning Engineers, September 7, 1989.
"How to Meet New Ventilation Standards: Indoor Air Quality and Energy Efficiency," a workshop presented by the Association of Energy Engineers; Chicago, IL, March 20-21, 1989; Atlanta, GA, May 25-26, 1989; San Francisco, CA, October 19-20, 1989; Orlando, FL, December 11-12, 1989; Houston, TX, January 29-30, 1990; Washington D.C., February 26-27, 1990; Anchorage, Alaska, March 23, 1990; Las Vegas, NV, April 23-24, 1990; Atlantic City, NJ, September 27-28, 1991; Anaheim, CA, November 19-20, 1991; Orlando, FL, February 28 - March 1, 1991; Washington, DC, March 20-21, 1991; Chicago, IL, May 16-17, 1991; Lake Tahoe, NV, August 15-16, 1991; Atlantic City, NJ, November 18-19, 1991; San Jose, CA, March 23-24, 1992.
"Indoor Air Quality," a seminar presented by the Anchorage, Alaska Chapter of the American Society of Heating, Refrigeration, and Air Conditioning Engineers, March 23, 1990.
"Ventilation and Indoor Air Quality", Presented at the 1990 HVAC & Building Systems Congress, Santa, Clara, CA, March 29, 1990.

"Ventilation Standards for Office Buildings", Presented to the South Bay Property Managers Association, Santa Clara, May 9, 1990.
"Indoor Air Quality", Presented at the Responsive Energy Technologies Symposium & International Exposition (RETSIE), Santa Clara, CA, June 20, 1990. "Indoor Air Quality - Management and Control Strategies", Presented at the Association of Energy Engineers, San Francisco Bay Area Chapter Meeting, Berkeley, CA, September 25, 1990.
"Diagnosing Indoor Air Contaminant and Odor Problems", Presented at the ASHRAE Annual Meeting, New York City, NY, January 23, 1991.
"Diagnosing and Treating the Sick Building Syndrome", Presented at the Energy 2001, Oklahoma, OK, March 19, 1991.
"Diagnosing and Mitigating Indoor Air Quality Problems" a workshop presented by the Association of Energy Engineers, Chicago, IL, October 29-30, 1990; New York, NY, January 24-25, 1991; Anaheim, April 25-26, 1991; Boston, MA, June 10-11, 1991; Atlanta, GA, October 24-25, 1991; Chicago, IL, October 3-4, 1991; Las Vegas, NV, December 16-17, 1991; Anaheim, CA, January 30-31, 1992; Atlanta, GA, March 5-6, 1992; Washington, DC, May 7-8, 1992; Chicago, IL, August 19-20, 1992; Las Vegas, 244
15 NV, October 1-2, 1992; New York City, NY, October 26-27, 1992, Las Vegas, NV, March 18-19, 1993; Lake Tahoe, CA, July 14-15, 1994; Las Vegas, NV, April 3-4, 1995; Lake Tahoe, CA, July 11-12, 1996; Miami, Fl, December 9-10, 1996. "Sick Building Syndrome and the Ventilation Engineer", Presented to the San Jose Engineers Club, May, 21, 1991.
"Duct Cleaning: Who Needs It ? How Is It Done ? What Are The Costs ?" What Are the Risks ?, Moderator of Forum at the ASHRAE Annual Meeting, Indianapolis ID, June 23, 1991.
"Operating Healthy Buildings", Association of Plant Engineers, Oakland, CA, November 14, 1991.
"Duct Cleaning Perspectives", Moderator of Seminar at the ASHRAE Semi-Annual Meeting, Indianapolis, IN, June 24, 1991.
"Duct Cleaning: The Role of the Environmental Hygienist," ASHRAE Annual Meeting, Anaheim, CA, January 29, 1992.
"Emerging IAQ Issues", Fifth National Conference on Indoor Air Pollution, University of Tulsa, Tulsa, OK, April 13-14, 1992.
"International Symposium on Room Air Convection and Ventilation Effectiveness", Member of Scientific Advisory Board, University of Tokyo, July 22-24, 1992. "Guidelines for Contaminant Control During Construction and Renovation Projects in Office Buildings," Seminar paper at the ASHRAE Annual Meeting, Chicago, IL, January 26, 1993.
"Outside Air Economizers: IAQ Friend or Foe", Moderator of Forum at the ASHRAE Annual Meeting, Chicago, IL, January 26, 1993.
"Orientation to Indoor Air Quality," an EPA two and one half day comprehensive indoor air quality introductory workshop for public officials and building property managers; Sacramento, September 28-30, 1992; San Francisco, February 23-24, 1993; Los Angeles, March 16-18, 1993; Burbank, June 23, 1993; Hawaii, August 24-25, 1993; Las Vegas, August 30, 1993; San Diego, September 13-14, 1993; Phoenix, October 18-19, 1993; Reno, November 14-16, 1995; Fullerton, December 3-4, 1996; Fresno, May 13-14, 1997. "Building Air Quality: A Guide for Building Owners and Facility Managers," an EPA one half day indoor air quality introductory workshop for building owners and facility managers. Presented throughout Region IX 1993-1995.
“Techniques for Airborne Disease Control”, EPRI Healthcare Initiative Symposium; San Francisco, CA; June 7, 1994.
245
16 “Diagnosing and Mitigating Indoor Air Quality Problems”, CIHC Conference; San Francisco, September 29, 1994.
”Indoor Air Quality: Tools for Schools,” an EPA one day air quality management workshop for school officials, teachers, and maintenance personnel; San Francisco, October 18-20, 1994; Cerritos, December 5, 1996; Fresno, February 26, 1997; San Jose, March 27, 1997; Riverside, March 5, 1997; San Diego, March 6, 1997; Fullerton, November 13, 1997; Santa Rosa, February 1998; Cerritos, February 26, 1998; Santa Rosa, March 2, 1998.

ASHRAE 62 Standard “Ventilation for Acceptable IAQ”, ASCR Convention; San Francisco, CA, March 16, 1995.
“New Developments in Indoor Air Quality: Protocol for Diagnosing IAQ Problems”, AIHA-NC; March 25, 1995.
"Experimental Validation of ASHRAE SPC 129, Standard Method of Measuring Air Change Effectiveness", 16th AIVC Conference, Palm Springs, USA, September 19-22, 1995.
“Diagnostic Protocols for Building IAQ Assessment”, American Society of Safety Engineers Seminar: ‘Indoor Air Quality – The Next Door’; San Jose Chapter, September 27, 1995; Oakland Chapter, 9, 1997.
“Diagnostic Protocols for Building IAQ Assessment”, Local 39; Oakland, CA, October 3, 1995.
“Diagnostic Protocols for Solving IAQ Problems”, CSU-PPD Conference; October 24, 1995.
“Demonstrating Compliance with ASHRAE 62-1989 Ventilation Requirements”, AIHA; October 25, 1995.
“IAQ Diagnostics: Hands on Assessment of Building Ventilation and Pollutant Transport”, EPA Region IX; Phoenix, AZ, March 12, 1996; San Francisco, CA, April 9, 1996; Burbank, CA, April 12, 1996.
“Experimental Validation of ASHRAE 129P: Standard Method of Measuring Air Change Effectiveness”, Room Vent ‘96 / International Symposium on Room Air Convection and Ventilation Effectiveness"; Yokohama, Japan, July 16-19, 1996. “IAQ Diagnostic Methodologies and RFP Development”, CCEHSA 1996 Annual Conference, Humboldt State University, Arcata, CA, August 2, 1996. “The Practical Side of Indoor Air Quality Assessments”, California Industrial Hygiene Conference ‘96, San Diego, CA, September 2, 1996.
246
17 “ASHRAE Standard 62: Improving Indoor Environments”, Pacific Gas and Electric Energy Center, San Francisco, CA, October 29, 1996.
“Operating and Maintaining Healthy Buildings”, April 3-4, 1996, San Jose, CA; July 30, 1997, Monterey, CA.
“IAQ Primer”, Local 39, April 16, 1997; Amdahl Corporation, June 9, 1997; State Compensation Insurance Fund’s Safety & Health Services Department, November 21, 1996.
“Tracer Gas Techniques for Measuring Building Air Flow Rates”, ASHRAE, Philadelphia, PA, January 26, 1997.
“How to Diagnose and Mitigate Indoor Air Quality Problems”; Women in Waste; March 19, 1997.
“Environmental Engineer: What Is It?”, Monte Vista High School Career Day; April 10, 1997.
“Indoor Environment Controls: What’s Hot and What’s Not”, Shaklee Corporation; San Francisco, CA, July 15, 1997.
“Measurement of Ventilation System Performance Parameters in the US EPA BASE Study”, Healthy Buildings/IAQ’97, Washington, DC, September 29, 1997. “Operations and Maintenance for Healthy and Comfortable Indoor Environments”, PASMA; October 7, 1997.
“Designing for Healthy and Comfortable Indoor Environments”, Construction Specification Institute, Santa Rosa, CA, November 6, 1997. “Ventilation System Design for Good IAQ”, University of Tulsa 10th Annual Conference, San Francisco, CA, February 25, 1998.
“The Building Shell”, Tools For Building Green Conference and Trade Show, Alameda County Waste Management Authority and Recycling Board, Oakland, CA, February 28, 1998.
“Identifying Fungal Contamination Problems In Buildings”, The City of Oakland Municipal Employees, Oakland, CA, March 26, 1998.
“Managing Indoor Air Quality in Schools: Staying Out of Trouble”, CASBO, Sacramento, CA, April 20, 1998.
“Indoor Air Quality”, CSOOC Spring Conference, Visalia, CA, April 30, 1998. “Particulate and Gas Phase Air Filtration”, ACGIH/OSHA, Ft. Mitchell, KY, June 1998. 247
18 “Building Air Quality Facts and Myths”, The City of Oakland / Alameda County Safety Seminar, Oakland, CA, June 12, 1998.
“Building Engineering and Moisture”, Building Contamination Workshop, University of California Berkeley, Continuing Education in Engineering and Environmental Management, San Francisco, CA, October 21-22, 1999.
“Identifying and Mitigating Mold Contamination in Buildings”, Western Construction Consultants Association, Oakland, CA, March 15, 2000; AIG Construction Defect Seminar, Walnut Creek, CA, May 2, 2001; City of Oakland Public Works Agency, Oakland, CA, July 24, 2001; Executive Council of Homeowners, Alamo, CA, August 3, 2001.
“Using the EPA BASE Study for IAQ Investigation / Communication”, Joint Professional Symposium 2000, American Industrial Hygiene Association, Orange County & Southern California Sections, Long Beach, October 19, 2000. “Ventilation,” Indoor Air Quality: Risk Reduction in the 21st Century Symposium, sponsored by the California Environmental Protection Agency/Air Resources Board, Sacramento, CA, May 3-4, 2000.
“Workshop 18: Criteria for Cleaning of Air Handling Systems”, Healthy Buildings 2000, Espoo, Finland, August 2000.
“Closing Session Summary: ‘Building Investigations’ and ‘Building Design & Construction’, Healthy Buildings 2000, Espoo, Finland, August 2000. “Managing Building Air Quality and Energy Efficiency, Meeting the Standard of Care”, BOMA, MidAtlantic Environmental Hygiene Resource Center, Seattle, WA, May 23rd, 2000; San Antonio, TX, September 26-27, 2000.
“Diagnostics & Mitigation in Sick Buildings: When Good Buildings Go Bad,” University of California Berkeley, September 18, 2001.
“Mold Contamination: Recognition and What To Do and Not Do”, Redwood Empire Remodelers Association; Santa Rosa, CA, April 16, 2002. “Investigative Tools of the IAQ Trade”, Healthy Indoor Environments 2002; Austin, TX; April 22, 2002.
“Finding Hidden Mold: Case Studies in IAQ Investigations”, AIHA Northern California Professionals Symposium; Oakland, CA, May 8, 2002.
“Assessing and Mitigating Fungal Contamination in Buildings”, Cal/OSHA Training; Oakland, CA, February 14, 2003 and West Covina, CA, February 20-21, 2003. 248
19 “Use of External Containments During Fungal Mitigation”, Invited Speaker, ACGIH Mold Remediation Symposium, Orlando, FL, November 3-5, 2003.

Building Operator Certification (BOC), 106-IAQ Training Workshops, Northwest Energy Efficiency Council; Stockton, CA, December 3, 2003; San Francisco, CA, December 9, 2003; Irvine, CA, January 13, 2004; San Diego, January 14, 2004; Irwindale, CA, January 27, 2004; Downey, CA, January 28, 2004; Santa Monica, CA, March 16, 2004; Ontario, CA, March 17, 2004; Ontario, CA, November 9, 2004, San Diego, CA, November 10, 2004; San Francisco, CA, November 17, 2004; San Jose, CA, November 18, 2004; Sacramento, CA, March 15, 2005.
“Mold Remediation: The National QUEST for Uniformity Symposium”, Invited Speaker, Orlando, Florida, November 3-5, 2003.
“Mold and Moisture Control”, Indoor Air Quality workshop for The Collaborative for High Performance Schools (CHPS), San Francisco, December 11, 2003. “Advanced Perspectives In Mold Prevention & Control Symposium”, Invited Speaker, Las Vegas, Nevada, November 7-9, 2004.
“Building Sciences: Understanding and Controlling Moisture in Buildings”, American Industrial Hygiene Association, San Francisco, CA, February 14-16, 2005. “Indoor Air Quality Diagnostics and Healthy Building Design”, University of California Berkeley, Berkeley, CA, March 2, 2005.
“Improving IAQ = Reduced Tenant Complaints”, Northern California Facilities Exposition, Santa Clara, CA, September 27, 2007.
“Defining Safe Building Air”, Criteria for Safe Air and Water in Buildings, ASHRAE Winter Meeting, Chicago, IL, January 27, 2008.
“Update on USGBC LEED and Air Filtration”, Invited Speaker, NAFA 2008 Convention, San Francisco, CA, September 19, 2008.
“Ventilation and Indoor air Quality in New California Homes”, National Center of Healthy Housing, October 20, 2008.
“Indoor Air Quality in New Homes”, California Energy and Air Quality Conference, October 29, 2008.
“Mechanical Outdoor air Ventilation Systems and IAQ in New Homes”, ACI Home Performance Conference, Kansas City, MO, April 29, 2009. “Ventilation and IAQ in New Homes with and without Mechanical Outdoor Air Systems”, Healthy Buildings 2009, Syracuse, CA, September 14, 2009. 249
20 “Ten Ways to Improve Your Air Quality”, Northern California Facilities Exposition, Santa Clara, CA, September 30, 2009.
“New Developments in Ventilation and Indoor Air Quality in Residential Buildings”, Westcon meeting, Alameda, CA, March 17, 2010.
“Intermittent Residential Mechanical Outdoor Air Ventilation Systems and IAQ”, ASHRAE SSPC 62.2 Meeting, Austin, TX, April 19, 2010.
“Measured IAQ in Homes”, ACI Home Performance Conference, Austin, TX, April 21, 2010.
“Respiration: IEQ and Ventilation”, AIHce 2010, How IH Can LEED in Green buildings, Denver, CO, May 23, 2010.
“IAQ Considerations for Net Zero Energy Buildings (NZEB)”, Northern California Facilities Exposition, Santa Clara, CA, September 22, 2010. “Energy Conservation and Health in Buildings”, Berkeley High SchoolGreen Career Week, Berkeley, CA, April 12, 2011.
“What Pollutants are Really There ?”, ACI Home Performance Conference, San Francisco, CA, March 30, 2011.
“Energy Conservation and Health in Residences Workshop”, Indoor Air 2011, Austin, TX, June 6, 2011.
“Assessing IAQ and Improving Health in Residences”, US EPA Weatherization Plus Health, September 7, 2011.
“Ventilation: What a Long Strange Trip It’s Been”, Westcon, May 21, 2014. “Chemical Emissions from E-Cigarettes: Direct and Indirect Passive Exposures”, Indoor Air 2014, Hong Kong, July, 2014.
“Infectious Disease Aerosol Exposures With and Without Surge Control Ventilation System Modifications”, Indoor Air 2014, Hong Kong, July, 2014. “Chemical Emissions from E-Cigarettes”, IMF Health and Welfare Fair, Washington, DC, February 18, 2015.
“Chemical Emissions and Health Hazards Associated with E-Cigarettes”, Roswell Park Cancer Institute, Buffalo, NY, August 15, 2014.
“Formaldehyde Indoor Concentrations, Material Emission Rates, and the CARB ATCM”, Harris Martin’s Lumber Liquidators Flooring Litigation Conference, WQ Minneapolis Hotel, May 27, 2015.
250
21 “Chemical Emissions from E-Cigarettes: Direct and Indirect Passive Exposure”, FDA Public Workshop: Electronic Cigarettes and the Public Health, Hyattsville, MD June 2, 2015.
“Creating Healthy Homes, Schools, and Workplaces”, Chautauqua Institution, Athenaeum Hotel, August 24, 2015.
“Diagnosing IAQ Problems and Designing Healthy Buildings”, University of California Berkeley, Berkeley, CA, October 6, 2015.
“Diagnosing Ventilation and IAQ Problems in Commercial Buildings”, BEST Center Annual Institute, Lawrence Berkeley National Laboratory, January 6, 2016. “A Review of Studies of Ventilation and Indoor Air Quality in New Homes and Impacts of Environmental Factors on Formaldehyde Emission Rates From Composite Wood Products”, AIHce2016, May, 21-26, 2016.
“Admissibility of Scientific Testimony”, Science in the Court, Proposition 65 Clearinghouse Annual Conference, Oakland, CA, September 15, 2016. “Indoor Air Quality and Ventilation”, ASHRAE Redwood Empire, Napa, CA, December 1, 2016.
251

PLANNING COMMISSION

AGENDA REPORT
STAFF RECOMMENDATION:

ADOPT Resolution P-22-20 to ADOPT the Categorical Exemption (CE) and APPROVE Conditional Use Permit 22-05 to establish adult and medical use cannabis cultivation, transportation and distribution and Location and Development Plan 22-05 to construct a five buildings totaling 212,700 square feet in four phases on 4.2 acres located at the southeast corner of Primrose Street and Adelanto Road in the Light Manufacturing (LM) zone in the City of Adelanto, California (APN: 3128-261-01 & 02), based on the findings and subject to conditions of approval.

BACKGROUND:

At the request of the applicant, this item was continued from the May 18, 2022, Planning Commission meeting to enable the applicant time to address certain Fire Department comments/corrections and the hearing was re-published in the newspaper on June 2, 2022 for the June 15, 2022 Planning Commission meeting.

General Location: Southeast corner of Primrose Street and Adelanto Road DATE: June 15, 2022
TO: Honorable Chairman and Members of the Planning Commission FROM:

BY:

Dave Martinez, Development Services Director
Louis Morales, Planning Consultant
SUBJECT: Conditional Use Permit 22-05 & Location Development Plan 22-05 – Proposal to establish medical and adult use cannabis cultivation, transportation, and distribution facility and to construct five buildings totaling 212,700 square feet in four phases on 4.2 acres located at the southeast corner of Primrose Street and Adelanto Road in the Light Manufacturing (LM) zone in the City of Adelanto, California (APN: 3128-261-01 & 02).

Applicant: Duane DeLarco
Lusso-Adelanto, LLC.
145 E. University Boulevard
Tuscon, AZ 85705
252
CUP 22-05, LDP 22-05
June 15, 2022
2 Assessor’s Parcel No: 3128-261-01 & 02
Environmental Determination: Categorically Exempt pursuant to Section 15332, Class 32 of the California Environmental Quality Act, In-Fill Development Project.

Existing General Plan &
Current Zoning Designation: Light Manufacturing (LM)
Surrounding General Plan and Zoning:

North Light Manufacturing (LM)
South Light Manufacturing (LM)
East Light Manufacturing (LM))
West Mixed Use (MU)
Existing Land Use: The project site is currently vacant.

Surrounding Land Uses: The following chart shows the surrounding land uses:

North Vacant lot currently being used as part of the off-road track for annual Adelanto motor cross races. This area is zoned as Light Manufacturing (LM).

South Vacant lot currently being used as part of the off-road track for annual Adelanto motor cross races. This area is zoned as Light Manufacturing (LM).

East Vacant lot currently being used as part of the off-road track for annual Adelanto motor cross races. This area is zoned as Light Manufacturing (LM). The Northwest Pipe Company, which is 95.2-acre pipe manufacturer is located further east of the subject site.

West Vacant lot currently being used as part of the off-road track for annual Adelanto motor cross races. This area is zoned as Mixed Use (MU) and the Adelanto Stadium is located catty corner to the subject site.

ANALYSIS & REVIEW:

PROJECT DESCRIPTION
The applicant, Duane DeLarco, is requesting approval of a Conditional Use Permit to establish medical and adult use cannabis cultivation, transportation and distribution uses and to construct five buildings totaling 212,700 square feet which will be built in four phases on a 4.2-acre lot located at the southeast corner of Primrose Street and Adelanto Road in the Light Manufacturing (LM) zone. The Site is comprised of two parcels (APN: 3128-261-01 & 02) and as a condition of approval will be consolidated into one parcel.
253
CUP 22-05, LDP 22-05
June 15, 2022
3 The proposed buildings will be constructed in four phases and will be located at the center of the site and a 30’-0” wide driveway for circulation and fire purposes will surround the buildings and parking will be located on the west and east side of the site. The five proposed buildings will consist of both single and two-story structures. Buildings 1 through 4 will be two-story and Building 5 will be single story building.

The proposed buildings will be developed in four phases as follows:
• Building 1 – First Floor = 5,100SF; Second Floor = 5,100SF (total SF 10,200) Phase 1 • Building 2 – First Floor = 25,000SF; Second Floor = 25,000SF (total SF 50,000) Phase 2 • Building 3 – First Floor = 25,000SF; Second Floor = 25,000SF (total SF 50,000) Phase 3 • Building 4 – First Floor = 50,000SF; Second Floor = 50,000SF (total SF 100,000) Phase 4 • Building 5 – First Floor = 2,500SF Phase 4
The building height is proposed to be 36’- 6.” Parking areas are located on the east and west of the proposed buildings and a 30’-0” wide driveway surrounds the buildings and vehicle access to the site is proposed on Adelanto Road and Primrose Road.

The project plans are included as Attachment D. The facility will be operational from 6:00am to 6:00pm seven days a week. Deliveries are anticipated each day. The site will be fully secured and not open to the public with the building operations as follows.
• Hours of operation for the facility will be 6 AM to 6 PM and will include two shifts • Building 1 will have a maximum staffing of 4.
• Building 1 and 2 will have a combined staff of 20.
• Buildings 1, 2, and 3 will have a combined staff of 36. • When all 5 buildings are complete the facility will have a maximum staffing of 68 for both shifts combined.
• The maximum amount of employees at any one given time will be a maximum of 48.

The proposed project requires approval of a Conditional Use Permit (CUP) to establish the commercial cannabis adult and medical use cultivation, transportation and distribution within the new buildings and a Location and Development Plan (LDP) for the design and layout of the proposed project.

PROJECT ANALYSIS:

GENERAL PLAN (2035 SUSTAINABLE PLAN) AND ZONING CONSISTENCY The Project Site is within the Light Manufacturing (LM) Zoning District and the cannabis uses are permitted in this zoning district with a CUP. The project will expand the necessary LM uses contemplated by the City’s Adelanto North 2035 Sustainable Plan. As such, the proposed project is consistent with the Adelanto North 2035 Sustainable Plan. More specifically, the project implements Chapter 3 (Economic Development) by providing for job creation, infrastructure expansion and revenue generation.

As conditioned, the project is also consistent with the surrounding zoning land uses. The project is in 254
CUP 22-05, LDP 22-05
June 15, 2022
4 compliance with the applicable LM development and design standards, policies and guidelines outlined in the City’s Zoning Code. As such, the proposed project is consistent with the City’s Adelanto North 2035 Sustainable Plan.

DEVELOPMENT STANDARDS
The proposed project is subject to the development standards of the LM district, which allows for a variety of industrial uses, including the proposed cannabis uses with approval of a Conditional Use Permit. Table 1 below outlines the development standards for the LM zoning district and demonstrates that the project meets or exceeds all standards.

As shown in Table 1 above, the proposed project meets or exceeds the development standards established for the LM Zoning District.

PARKING, LOADING
The proposed project must comply with the Parking and Loading Standards of the Chapter 17.65 of the Adelanto Municipal Code (AMC), which requires all MIzoned developments to provide off-street parking and loading facilities as well as handicap parking and electric vehicle spaces.

Table 2 below provides a summary of the type and required number of parking stalls provided compared to the number of stalls provided.

Table 2: Parking & Loading Requirements
Uses SF of Use Regular Space
Code Ratio
Spaces Required Spaces Provided TOTAL
Spaces
Provided
Complies
Regular ADA
(included)
Regular ADA
(included)
New
Industrial
152,000SF
(net)
1/1,000 SF for
1 st 20,000 SF
63 5 63 11 63 Yes
Table 1: LM Development Standards
Development
Standards
Required Provided Complies?
Minimum Lot Size 20,000 SF 182,950SF Yes
Minimum Lot Width 100’ 288.88’ Yes
Minimum Lot Depth 100’ 631’ Yes
Minimum Front Setback
• To Building
• To Parking Area
25’
10’
46’
16’
Yes
Minimum Street Side & Rear
Yard Setback
• To Building
• To Parking
25’
10’
25,’
16’
Yes
Maximum Building Height 50’ (3 stories) max 36’-6”’ Yes Outdoor Uses and Storage shall Located behind the building or screened from public rights-of-way by a minimum
8’ high solid wall/fence
N/A; Chain
link with
privacy slats
Yes
Landscaping Required 5% of the project area 5.7% of
project area
Yes
255
CUP 22-05, LDP 22-05
June 15, 2022
5 Table 2: Parking & Loading Requirements
Uses SF of Use Regular Space
Code Ratio
Spaces Required Spaces Provided TOTAL
Spaces
Provided
Complies
Regular ADA
(included)
Regular ADA
(included)
Buildings 1/2,000 SF for
20,000-
40,000SF
1/4,000 SF for
over 40,000SF,
Plus 1/300 for
office space
TOTALS 152,000SF
(net)
- 63 3 63 4 63 Yes
The proposed project’s parking demand will be met by a total of 63 parking spaces including 4 ADA spaces. The project also provides four loading spaces (i.e., 4 individual units proposed). In addition, the project will provide a minimum of 6 bicycle parking spaces. The proposed parking and loading areas will be concrete and paved per AMC requirements.

FENCING/SCREENING, SECURITY
Security for the site includes building and parking lot lighting; full-time security personnel, which will patrol the site 24hrs per day, 7 days a week; entry gates; security cameras and detailed background checks of employees. The facility will be closed to the public at all times. Non-employees will only be allowed to enter the facility by appointment and with a permitted escort. The site will be secured with an 8’ chain link fencing with slats around the perimeter, except for a masonry wall along a section of the northern boundary as shown on the site plan.

SITE ACCESS/CIRCULATION/TRAFFIC
The proposed project site is a relatively flat, rectangular-shaped property of approximately 4.2-acres located at the southeast corner of Primrose Street and Adelanto Road. One, two-way access point to the site is proposed from Adelanto Road and from Primrose Road as required by the Fire Department.

Traffic Trip generation estimates were developed for the project by using nationally recognized and recommended rates found in the 9th edition “Trip Generation Manual” published by the Institute of Transportation Engineers (ITE) that are appropriate for the proposed use. The project is anticipated to employ up to 68 persons at build-out, however only 48 employees will be at the location at any given time. This assumes all employees will use their personal vehicles with no ridesharing or use of public transit and daily vender and supplier deliveries. This translates into approximately 160 trip ends per day, including deliveries. The projected daily trip generation is well under the number of trips for a typical manufacturing use. As a result, the traffic impacts will be less than significant.

OFF-SITE UTILITIES AND STREET IMPROVEMENTS
As per the conditions of approval detailed by the City Engineer, the Project applicant will be responsible for payment of relevant Development Impact Fees (DIF) and for the mitigation of impacts related to existing drainage and traffic levels plus project traffic. The developer will be responsible for improving 256
CUP 22-05, LDP 22-05
June 15, 2022
6 their frontage of Adelanto Road and as required by the San Bernardino County Fire on Primrose Street (i.e., curb, gutter sidewalk, paving, etc.). Power will be provided by Southern California Edison. Water and sewer will be provided by connections to City water and sewer facilities.

NEW BUILDINGS ARCHITECTURE
The new buildings will be metal buildings with pitched roofs and will include two color options that will be complementary in colors and materials. No mechanical equipment is proposed on the roofs of any of the buildings thus the need for parapet for the screening of rooftop equipment will not be required.

The project entry way will include rock veneer with horizontal roof canopy lines with columns to further enhance the entry. The overall finishes and color schemes meet the intent of design guidelines outlined in Section 17.15 of the AMC for Industrial buildings.

The proposed metal buildings will improve the visual appearance of the area, which will help to strengthen the local economy and enhance the quality of life for Adelanto residents.

HYDROLOGY & WATER QUALITY:

According to the Federal Emergency Management Agency (FEMA) flood insurance maps obtained for the City of Adelanto, the proposed project site is located in Zone X, which is not located within a 100- year flood plain. The project isrequired to conform to Section 17.93.060 – Runoff Control of the Adelanto Municipal Code. In addition,stormwater discharges from construction activities that disturb one or more acres, or smaller sites disturbing less than one acre that are part of a common plan of development or sale, are regulated under the National Pollutant Discharge Elimination System (NPDES) storm-water permitting program. Prior to start of construction, construction operators must obtain coverage under a NPDES permit, which is administered by the State.

AIR QUALITY:

The Project site is located within the Mojave Desert Air Basin (MDAB), which is under the jurisdiction of the Mojave Desert Air Quality Management District. The Mojave Desert Air Quality Management District (MDAQMD) has established quantitative thresholds for short-term (construction) emissions and longterm (operational) emissions for the criteria pollutants. The applicant will be required to obtain any required permits from the Mojave Desert AQMD prior to any construction activities on the project site.

ENVIRONMENTAL CONSIDERATIONS:

The City of Adelanto, in its capacity as Lead Agency for the proposed project, determined that the proposed project is categorically exempt pursuant to Section 15332 of the California Environmental Quality Act, finding the project qualifies as a Class 32 In-Fill Development Project as the project will not have a significant impact on the environment.

A separate public hearing notice was published and sent to property owners within 300 feet of the project site for the May 18, 2022, Planning Commission meeting and again for the June 15, 2022, Planning Commission meeting. Staff received correspondence dated May 18, 2022 via email from Lozeau Drury LLP requesting that the public hearing be continued to allow a more comprehensive CEQA process. 257
CUP 22-05, LDP 22-05
June 15, 2022
7 ATTACHMENTS:

Attachment A: Resolution P-22-20
Attachment B: Conditions of Approval (Planning, Public Works/ Engineering, Fire) Attachment C: Zoning & Location Map
Attachment D: Site & Landscape Plan, Elevations, Floor Plans, and Elevations The project Categorical Exemption/Initial Study are on File at the Planning Department and posted on the Planning Division website at: CEQA Process Policy | Adelanto, CA 258

CITY COUNCIL AGENDA REPORT
DATE: October 12, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Marc Tran, City Attorney
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE SECTION

17.80.120 OF CHAPTER 17.20 OF TITLE 17 TO AMEND REGULATIONS PERTAINING

TO ON-SITE CONSUMPTION OF CANNABIS, CANNABIS PRODUCTS, AND EDIBLE

CANNABIS PRODUCTS AT CANNABIS DISPENSARIES
STAFF RECOMMENDATION:

Staff recommends that the City Council:

1. Waive the first reading of and introduce Proposed Ordinance No. 633; and

2. Schedule the second reading of Proposed Ordinance No. 633 for the next regular City Council meeting.

BACKGROUND AND DISCUSSION:

The State and the City currently permit on-site consumption of cannabis, cannabis products, and edible cannabis products at duly-licensed cannabis dispensaries, subject to state and local regulations.

Since the City’s adoption of Section 17.80.120, there have been significant developments in State regulations and interpretation of the same, as well as significant developments in industry best practices.

As to the former, the State has clarified that: (1) retailers may only sell edible cannabis products that are pre-packaged, labeled, and lab tested; (2) retailers may not prepare or otherwise modify prepackaged edible cannabis products; and (3) retailers may not sell non-cannabis food or beverage items.

As to the latter, industry best practices now include solutions such as allowing non-cannabis cannabis food or beverage items to be purchased off-site or from a third party.

Given these developments, Staff recommends that the Council consider and adopt Proposed Ordinance No. 631.

Proposed Ordinance No. 631 includes several key amendments:

1. It adds various defined terms: clarifies that “consuming” or “consumption” includes eating, drinking, and chewing; clarifies that only “pre-packaged” items may be sold for on-site consumption; and imports the State’s definition of “edible cannabis product”. 259

2. It also adds various restrictions related to establishing and operating an on-site consumption lounge.

By adopting Proposed Ordinance No. 631, the City Council may provide additional clarification regarding this issue.

FISCAL IMPACT:

The fiscal impact is unclear at this time. The City may have an opportunity to capture additional taxes related to the sale and on-site consumption of cannabis, cannabis products, and edible cannabis products.

ATTACHMENTS:

Ordinance No. 633
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ORDINANCE NO. 633

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, AMENDING ADELANTO MUNICIPAL CODE SECTION 17.80.120 OF CHAPTER 17.20 OF TITLE 17 TO AMEND REGULATIONS PERTAINING TO

ON-SITE CONSUMPTION OF CANNABIS, CANNABIS PRODUCTS, AND EDIBLE

CANNABIS PRODUCTS AT CANNABIS DISPENSARIES
WHEREAS, the City of Adelanto (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California;
WHEREAS, pursuant to California Constitution, Article XI, section 7, the City has the power to make and enforce ordinances and regulations not in conflict with general laws; WHEREAS, on October 9, 2015, the Governor approved the Medical Marijuana Regulation and Safety Act (“MMRSA”), which decriminalized and created a regulatory scheme for medical cannabis-related activities;
WHEREAS, on June 27, 2016, the Governor approved Senate Bill 837 which amended MMRSA and renamed it the Medical Cannabis Regulation and Safety Act (“MCRSA”); WHEREAS, on November 8, 2016, the voters of the State of California passed Proposition 64 which enacted the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which decriminalized and created a regulatory scheme for cannabis-related activities; WHEREAS, on June 27, 2017, the Governor approved Senate Bill 94 the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”), which repealed MCRSA and created a single regulatory scheme for both medical and non-medical cannabis-related activities; WHEREAS, MAUCRSA does not supersede the authority of a local jurisdictions to adopt and enforce local ordinances to regulate cannabis-related activities; WHEREAS, Health and Safety Code section 11362.1 provides that it is not unlawful for a person of 21 years of age or older to smoke or ingest cannabis or cannabis products; WHEREAS, Health and Safety Code section 11362.3, subdivision (a)(1) does not permit “[s]mok[ing] or ingest[ing] cannabis or cannabis products in a public place, except in accordance with section 26200 of the Business and Professions Code”; WHEREAS, Business and Professions Code section 26200, subdivision (g) provides that “a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a [licensed] retailer or microbusiness”; WHEREAS, Section 17.80.120 of Chapter 17.80 of Title 17 of the Adelanto Municipal Code (“Section 17.80.120”) regulates the establishment and operation of cannabis dispensaries in the City;
WHEREAS, Section 17.80.120, subdivision (d)(1)(Q) currently permits on-site smoking, ingestion, and consumption of cannabis at properly licensed cannabis dispensaries with wellventilated and partitioned lounges; 261
WHEREAS, since the initial adoption of Section 17.80.120, there have been significant developments in State regulations and interpretation of the same; WHEREAS, since the initial adoption of Section 17.80.120, there have been significant developments in industry best practices; and
WHEREAS, the City Council desires to update the Adelanto Municipal Code to amend regulations pertaining to on-site consumption.

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

Section 1. Incorporation of Recitals. The City Council finds the above recitals are true and correct and incorporated herein by this reference.

Section 2. Amendment to AMC Section 17.80.120(b). The following new subsections (12), (13), and (14) are added to subsection (b) of Section 17.80.120 of Chapter 17.80 of Title 17 of the Adelanto Municipal Code to read as follows:

17.80.120(b)(12) “Consuming” or “Consumption” means smoking, vaping, eating, drinking, chewing, applying topically, or otherwise ingesting.

17.80.120(b)(13) “Pre-packaged” means a cannabis product or edible cannabis product that is packaged by a cannabis business that holds a valid license from the state of California authorizing it to engage in the distribution or manufacturing of cannabis products and that is served to an end-user in its original packaging.

17.80.120(b)(14) “Edible cannabis product” means cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

Section 3. Amendment to AMC Section 17.80.120(d)(1)(Q). Subsection (d)(1)(Q) of Section 17.80.120 of Chapter 17.80 of Title 17 of the Adelanto Municipal Code is amended in its entirety to read as follows:

17.80.120(d)(1)(Q) On-site smoking, ingestion, or consumption of cannabis, cannabis products, or edible cannabis products shall be prohibited on the premises of all cannabis dispensaries except for properly licensed businesses that comply with the requirements of this Subsection. The term “premises” as used in this Subsection includes the actual cannabis dispensary building, as well as any accessory structures and parking areas.
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1. The consumption lounge shall be well ventilated,
partitioned from all other areas of the dispensary and designed in a manner to prevent the flow of smoke or vapor to any other area, and operated in compliance with Labor Code section 6404.5 and other applicable State laws pertaining to “private consumption lounges.”

2. On-site consumption of cannabis, pre-packaged
cannabis products, or pre-packaged edible cannabis products are permitted in the private consumption lounge.

3. Edible cannabis products shall be properly prepackaged, labeled, and lab tested pursuant to State requirements.

4. Retailer shall not sell non-cannabis food and
beverage items in the retail area or in the private consumption lounge.

5. Retailer shall not prepare, unseal, heat, reheat, or otherwise modify pre-packaged cannabis products or pre-packaged edible products.

6. Retailer shall comply with State requirements
pertaining to on-site consumption of cannabis, cannabis products, and edible cannabis products, including, but not limited to:
restricting the retail area and private consumption lounge to persons of 21 years of age and older; screening the private consumption lounge so that it is not visible from any public place or nonage-restricted area; and restricting the sale or consumption of alcohol or tobacco on the premises. The cannabis dispensary building entrance shall be clearly and legibly posted with a notice indicating that smoking, ingesting, or consuming cannabis on the premises, or in the vicinity of the dispensary, is prohibited except in designated lounges that comply with the mandates of this Subsection.

7. For any period of time that state law prohibits noncannabis food and beverage items from being prepared and sold on-site, deviations related to the preparation and sale of noncannabis food and beverages are permitted, subject to confirmation by the City. Permissible deviations may include, but are not limited to, the replacement of a commercial kitchen in a consumption area with the option for food delivery to the premises from a third-party business or consumption of edible cannabis products at a separate food establishment.

8. The City Manager or their designee shall establish
conditions for approval for on-site consumption activities, including, but not limited to conditions pertaining to a parking plan, ventilation plan, prevention of intoxicated driving plan, design plan, and set hours of operation.
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Section 4. CEQA. This ordinance was assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines (“CEQA Guidelines”), and the environmental regulations of the City. The City Council finds and determines that this ordinance is exempt from CEQA pursuant to Section 26055(h) of the Business & Professions Code as well as CEQA Guidelines, Sections 15060(c)(2) and 15061(b)(3), as this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, nor will it have a significant effect upon the environment.

Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

Section 6. Publication. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in a newspaper of general circulation within fifteen (15) days after its adoption.

Section 7. Effective Date. This Ordinance shall become effective thirty (30) days after passage and adoption pursuant to California Government Code 36937.

PASSED, APPROVED AND ADOPTED this _________ day of _______, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
_______________________________
Marc Tran, City Attorney
264

CITY COUNCIL AGENDA REPORT
DATE: October 12, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: CONSIDERATION OF AMENDMENT NO.2 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH THE TAIT GROUP INC. TO EXTEND THE CONTRACT TERM SIX MONTHS (MARCH 31, 2023) AND INCREASE COMPENSATION.

STAFF RECOMMENDATION:

Staff recommends the City Council approve Amendment No. 2 to the Professional Consultant Services Agreement with The Tait Group Inc. to extend Section 3.1.2 Term on the attached Agreement for six (6) months with an increased compensation of Thirty Thousand Dollars ($30,000).

BACKGROUND:

On September 22, 2021, the City Manager entered into a Professional Consultant Services Agreement (“Agreement”) with The Tait Group Inc. to provide professional transportation consulting and project advocacy services through March 31, 2022, In March 29, 2022 the City Council approved the First Amendment to the Agreement to extend the services through September 30, 2022, with the ability to authorize extra work where needed, for the amount notto-exceed Thirty Thousand Dollars ($30,000). The approved contract provided that The Tait Group Inc. would perform the following services:

TRANSPORTATION CONSULTING AND PROJECT ADVOCACY SERVICES:
➢ The Tait Group, Inc. (“TTG”) provides the City of Adelanto (“City”) various services related to Caltrans (CT) coordination and advocacy efforts. TTG provides the City team assistance with all Caltrans coordination related to progressing the City’s project and priorities along US 395. TTG performs consulting, strategic coordination, and advocacy services to facilitate and expedite the processes involved. The City’s projects and priorities include:
▪ 395/Lawson intersection – Preliminary efforts to develop a City game plan to implement a new signalized intersection.
▪ 395/Cortez access – Initiate efforts with CT to pursue decertification of access control along southbound US 395 to allow for a future right in/out public road connection. ▪ 395/Stadium access – support City and Developer efforts with CT to pursue a new right in/out private driveway leading to the parking lot gas station. 265
▪ 395/Senica access – support City and Best Western efforts with CT to pursue a new right in/out private driveway.
▪ 1985 Access Agreement for US 395 – pursue amendment with CT. ▪ 2002 MOU between local and regional jurisdictions along US 395 – pursue amendment with CT taking the lead with other jurisdictions.

Mr. Tait is experienced and qualified to provide professional transportation consulting services as it relates to planning, environmental, preliminary engineering, design and pre-construction phases of transportation infrastructure improvements throughout California for a variety of both public and private clients. TTG was founded in 2005 by David Tait and specializes in:
• project advocacy and management
• implementation
• facilitation
• strategy
• general consulting
• funding strategy and planning
• research and due diligence

The Tait Group's efforts involve locally sponsored projects on the state (Caltrans) or federal (FHWA) highway/freeway system. TTG also assists land developers and businesses implement their transportation projects on the local (city or county) street and road systems. TTG projects include, for example:
• large scale, multi-million dollar corridor or interchange improvements • road widening and all related improvements
• new signals
• excess of land de-certifications
• right-of-way issue resolutions
3rd Party Facilitator
TTG acts as a project delivery advocate, representing the local (public or private) entities goals and expectations by facilitating and "driving" the process with all necessary coordination with the public and private stakeholders involved and with special focus on Caltrans District and Caltrans Headquarters management and even the state Director if necessary.

David Tait Background
David Tait has a Bachelor of Science Degree in Civil/Transportation engineering with extensive experience in planning, engineering, and implementation. He also has technical sales and marketing experience. As such, he brings a unique set of skills to the project advocacy role. Mr.

Tait previously worked for a consulting and lobbying firm in Sacramento supporting Will Kempton, then partner at the firm and previous Director of Caltrans, for almost five years on numerous transportation issues and projects.
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Budget and Schedules
TTG helps clients maintain or reduce their project timing and budget risks by driving the implementation process so construction can start ahead of or as close to the original target dates as possible. The Tait Group works to ensure that every project issue is being addressed in a timely manner so as to meet the client’s implementation goals.

Relationships at all levels
An important aspect of TTG’s consulting/advocacy services is to build and maintain working relationships with all the stakeholders involved. One of the reasons the firm is unique and successful is due to its ability to deliver transportation projects and solve complicated issues.

To continue the on-going progress and build upon these achievements, it is recommended to amend the Master Agreement to extend the Term and increase compensation.

The Second Amendment will extend the Term of the Agreement by six (6) months and shall commence on October 1, 2022 through to March 31, 2023.

There are no amendments to the monthly retainer fee of Five Thousand Dollars ($5,000) per month. Under the Second Amendment, the Consultant shall receive Thirty Thousand Dollars ($30,000) in compensation. Extra work may be authorized, as described in the Master Agreement, and if authorized, will be compensated at the rates and manner set forth in the Master Agreement.

FISCAL IMPACT:

For Fiscal Year 2023, the net cost of the Amendment No. 2 is $30,000 and is included in the budget. For Fiscal Year 2023.

ATTACHMENTS:

1. Second Amendment to Professional Consultant Service Agreement

2. Exhibit “A” Master Agreement

3. Exhibit “B” Curriculum vitae and overview of David Tait and The Tait Group Inc. 267
1 2022

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Professional Transportation Consulting and Project Advocacy Services) (Parties: City of Adelanto and The Tait Group, Inc.)
THIS SECOND AMENDMENT (hereinafter, “Second Amendment”) to that certain agreement entitled “Professional Services Agreement”, dated September 22, 2021 (hereinafter, “Master Agreement”), is hereby made and entered into this 12th day of October, 2022 (hereinafter, “Effective Date”), by and between CITY OF ADELANTO, a municipal corporation (hereinafter, “City”) and THE TAIT GROUP, INC. (hereinafter, “Consultant”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Second Amendment is made and entered into with respect to the following facts:

WHEREAS, on September 22, 2021, the Parties executed and entered into the Master Agreement for Consultant to provide professional transportation consulting and project advocacy services; and
WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter “First Amendment”), and approved by the City Council of the City of Adelanto (“City Council”) at its Regular Meeting of March 29, 2022, to extend the Term and expand the Compensation; and
WHEREAS, for purposes of this Second Amendment, the Master Agreement as amended by way of the First Amendment, may be referred to collectively as the “Master Agreement.” The Master Agreement is attached and incorporated hereto as Exhibit “A”; and WHEREAS, the Parties now wish to further extend the Term; and WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant a total Not-to-Exceed Sum of SIXTY THOUSAND DOLLARS ($60,000) for all work contemplated under the Master Agreement (hereinafter, “Not-to-Exceed Sum”); and WHEREAS, the Parties wish to increase the total Not-to-Exceed Sum of SIXTY THOUSAND DOLLARS ($60,000) by THIRTY THOUSAND DOLLARS ($30,000), for a new total Not-to-Exceed Sum of NINETY THOUSAND DOLLARS ($90,000) to cover the extended term of the Agreement.

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

SECTION 1. Section 3.1.2 (TERM) of the Master Agreement is further amended to extend the Term of the Agreement for an additional six (6) months commencing as of October 1, 268
2 2022 through March 31, 2023.

SECTION 2. Section 3.3.1 (COMPENSATION) of the Master Agreement is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation shall not exceed a monthly not-to-exceed amount of Five Thousand Dollars ($5,000) (hereinafter “Monthly Not-to-Exceed”) for a total not-to-exceed compensation of Ninety Thousand Dollars ($90,000) (hereinafter “Total Compensation”).

SECTION 3. Except as otherwise set forth in this Second Amendment, the Master Agreement as previously amended by way of the First Amendment shall remain binding, controlling, and in full force and effect. Section 3.6.6 of the Master Agreement notwithstanding, this Second Amendment together with the Master Agreement and the First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents. In the event of a conflict or inconsistency between the provisions of this Second Amendment, including any and all attachments to this Second Amendment and the provisions of the Master Agreement or the First Amendment, the provisions of the Second Amendment shall govern and control but only to the extent of the conflict and no further.

SECTION 4. The provisions of this Second Amendment shall be deemed a part of the Master Agreement as previously amended by way of the First Amendment and except, as otherwise provided under this Second Amendment, the Master Agreement as previously amended by way of the First Amendment, and all provisions contained therein shall remain binding and enforceable.
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3 IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF ADELANTO
By:__________________________________
Jessie Flores, City Manager
Date:

APPROVED AS TO FORM:

By:__________________________________
Marc Tran, City Attorney
Date:

CONSULTANT:

THE TAIT GROUP, INC.

By:_____________________________
Name:_________________________
Title: ___________________________
Date:
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4 EXHIBIT “A”

MASTER AGREEMENT
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287

CITY COUNCIL AGENDA REPORT
DATE: October 12, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
SUBJECT: CONSIDERATION OF AMENDMENT NO.2 TO THE PROFESSIONAL CONSULTANT

SERVICES AGREEMENT WITH IDEATE CALIFORNIA TO EXPAND THE SCOPE OF SERVICES, EXTEND THE CONTRACT TERM SIX MONTHS (JANUARY 2023).

STAFF RECOMMENDATION:

It is recommended that the City Council approve Amendment No. 2 to the Professional Consultant Services Agreement with IDEATE California to extend Section 3.1.2 Term on the attached Agreement for six (6) months with an increased compensation not-to-exceed thirty thousand dollars ($30,000). Consultant will continue the scope of services to include development of an Energy Master Plan, maintenance and expansion of the infrastructure including a water treatment plant, and develop an Urban Forestry Master Plan. Consultant’s total compensation excludes authorized reimbursements.

BACKGROUND:

On September 22, 2021, the City Manager entered into a Professional Consultant Services Agreement (“Agreement”) with IDEATE California to provide professional economic development consulting services through January 15, 2022, with the ability to authorize extra work where needed, for the amount not-to-exceed thirty ($30,000). The approved contract provided that IDEATE California would perform the following services:
• Increase Energy capacity by:
o Identifying existing load capacity issues and load growth needs and making recommendations to the City of Adelanto;
o Work with So Cal Edison and Edison International, along with their statewide and local representatives, to increase available electricity for the City, its residents and commercial customers; and
o Identify alternate strategies to increase load and, as necessary, engage in most cost effective strategies:
▪ Community Choice Aggregation
▪ Providers- Lancaster
▪ Imperial Irrigation District
▪ Nevada Energy
▪ Direct Access
▪ Micro-Grids
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• Expanding Energy Infrastructure
o Identify long term opportunities for the City
▪ Municipalization
▪ Irrigation district
▪ Micro-Grids/Virtual Power Plan
o Develop implementation plans, locally and statewide. Also, develop an RFP for MicroGrid.
• Economic Development
o Work with the City management to continue to identify economic opportunities, included but not limited to:
▪ Broadband
▪ Workforce Investment
▪ CDFI Expansion/Community Development Centers
▪ General Business Development
Currently, IDEATE California wishes to amend the Master Agreement to expand the General Scope of Services, extend the term, increase compensation and limit reimbursement for expenses. The General Scope of Services will expand to include the 1) expansion of the City’s Energy Master Plan, 2) maintenance and expansion of the infrastructure including the water treatment plant, 3) develop an Urban Forestry Plan that includes mitigation of Joshua Trees.

The Second Amendment will extend the Term of the Agreement by six (6) months and shall commence on July 17, 2022 to January 16, 2023.

There are no amendments to the hourly rate of two hundred fifty ($250)/hr and not-to-exceed twenty (20) hours a month. Services performed at an hourly rate will count towards the monthly not-to-exceed amount. The monthly not-to-exceed amount will decrease from Seventy-five hundred dollars ($7,500) to Five Thousand dollars ($5,000). The total amendment compensation not-to-exceed amount shall decrease from Forty-five thousand dollars ($45,000) to Thirty thousand dollars ($30,000) without the written approval of the City Council or City Manager as applicable. Extra work may be authorized, as described in the Master Agreement, and if authorized, will be compensated at the rates and manner set forth in the Master Agreement.

Consultant shall not receive reimbursement for any travel and expenses unless prior written authorization is provided by City Manager and the amount shall not exceed One Thousand dollars ($1,000) a month. The Consultant’s total compensation excludes authorized reimbursements.

FISCAL IMPACT:

For Fiscal year 2023, the net cost of the Amendment No. 2 is $30,000, plus reimbursements, and is included in the budget.

ATTACHMENTS:

1. Second Amendment to Professional Consultant Service Agreement

2. Exhibit “A” Master Agreement

3. 2023 Scope of Work
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1 2022

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Economic Development Consulting Services)
(Parties: City of Adelanto and IDEATE California)
THIS SECOND AMENDMENT (hereinafter, “Second Amendment”) to that certain agreement entitled “Professional Services Agreement”, dated September 22, 2021 (hereinafter, “Master Agreement”), is hereby made and entered into this 12th day of October, 2022 (hereinafter, “Effective Date”), by and between CITY OF ADELANTO, a municipal corporation (hereinafter, “City”) and IDEATE CALIFORNIA (hereinafter, “Consultant”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Second Amendment is made and entered into with respect to the following facts:

WHEREAS, on September 22, 2021, the Parties executed and entered into the Master Agreement for Consultant to provide economic development consulting services; and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter “First Amendment”), and approved by the City Council of the City of Adelanto (“City Council”) at its Regular Meeting of February 9, 2022, to expand the general Scope of Services, extend the Term, and to increase the compensation and limit reimbursement for Expenses; and WHEREAS, for purposes of this Second Amendment, the Master Agreement as amended by way of the First Amendment, may be referred to collectively as the “Master Agreement.” The Master Agreement is attached and incorporated hereto as Exhibit “A”; and WHEREAS, the Parties now wish to further modify the Scope of Services, extend the Term, and further limit the reimbursement for expenses; and WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant a total Not-to-Exceed Sum of SEVENTY-FIVE THOUSAND DOLLARS ($75,000) for all work contemplated under the Master Agreement (hereinafter, “Not-to-Exceed Sum”); and WHEREAS, the Parties wish to increase the total Not-to-Exceed Sum of SEVENTY-FIVE THOUSAND DOLLARS ($75,000) by THIRTY THOUSAND DOLLARS ($30,000), for a new total Not-to-Exceed Sum of ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000) to cover the extended term of the Agreement.

SECTION 1. Section 3.1.1 (GENERAL SCOPE OF SERVICES) of the Master Agreement is hereby amended to expand the scope of Services to include the development of an 290
2 Energy Master Plan, maintenance and expansion of the infrastructure, including a water treatment plant, and development of an Urban Forestry Master Plan.

SECTION 2. Section 3.1.2 (TERM) of the Master Agreement is further amended to extend the Term of the Agreement for an additional six (6) months commencing as of July 17, 2022 through January 16, 2023.

SECTION 3. Section 3.3.1 (COMPENSATION) of the Master Agreement is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, excluding authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” which is attached and incorporated hereto. The total compensation shall not exceed a monthly notto-exceed amount of Five Thousand Dollars ($5,000) (hereinafter “Monthly Not-toExceed”) for a total not-to-exceed compensation of One Hundred Five Thousand Dollars ($105,000) (hereinafter “Total Compensation”).

SECTION 4. Section 3.3.3 (REIMBURSEMENT FOR EXPENSES) of the Master Agreement is hereby amended in its entirety to read as follows” Consultant shall not receive reimbursement for any travel expenses unless prior written authorization is provided by City Manager. Reimbursement for any travel expenses shall not exceed a monthly not-to-exceed amount of One Thousand dollars ($1,000).

SECTION 5. Except as otherwise set forth in this Second Amendment, the Master Agreement as previously amended by way of the First Amendment shall remain binding, controlling, and in full force and effect. Section 3.6.6 of the Master Agreement notwithstanding, this Second Amendment together with the Master Agreement and the First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents. In the event of a conflict or inconsistency between the provisions of this Second Amendment, including any and all attachments to this Second Amendment and the provisions of the Master Agreement or the First Amendment, the provisions of the Second Amendment shall govern and control but only to the extent of the conflict and no further.

SECTION 6. The provisions of this Second Amendment shall be deemed a part of the Master Agreement as previously amended by way of the First Amendment and except, as otherwise provided under this Second Amendment, the Master Agreement as previously amended by way of the First Amendment, and all provisions contained therein shall remain binding and enforceable.
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3 IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF ADELANTO
By:__________________________________
Jessie Flores, City Manager
Date:

APPROVED AS TO FORM:

By:__________________________________
Marc Tran, City Attorney
Date:

CONSULTANT:

IDEATE CALIFORNIA, LLC
By:_____________________________
Name:_________________________
Title: ___________________________
Date:
292
4 EXHIBIT “A”

MASTER AGREEMENT
293
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FIRST AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT THIS FIRST $0(1'0(17
KHUHLQDIWHU ³First $PHQGPHQW´
WR WKDW ³3URIHVVLRQDO
&RQVXOWDQW6HUYLFHV$JUHHPHQW´GDWHGSeptember 22, 2021 KHUHLQDIWHUWKH³0DVWHU$JUHHPHQW´

by and between CITY OF ADELANTO, a California municipal corporation (hereinafter, "City") and IDEATE, a California S-Corporation (hereinafter, "Consultant"), is hereby made and entered into this 9th day of February 2022 ("Effective Date"). For purposes of this First Amendment, the FDSLWDOL]HGWHUP³3DUWLHV´VKDOOEHDFROOHFWLYHUHIHUHQFHWRERWK&LW\DQG&RQVXOWDQW7KHWHUP ³3DUW\´PD\UHIHUWRHLWKHU&LW\RU&RQVXOWDQWLQWHUFKDQJHDEO\DVDSSURSULDWH

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

WHEREAS, on September 22, 2021, the Parties executed and entered into the Master Agreement for Consultant to provide professional economic development consulting services according to the terms and condition set forth in the Master Agreement terminating on January 15, 2022; and
WHEREAS, the Master Agreement is attached and incorporated hereto as ([KLELW³$´ and amended by way of this First Amendment, and
WHEREAS, the Parties further wish to amend the Master Agreement to expand the General Scope of Services, extend the term, and increase compensation and limit reimbursement for Expenses.

A G R E E M E N T:

1. Recitals. The preceding recitals are hereby incorporated herein by this reference and are expressly made as covenants of this Agreement. The foregoing recitals are true and correct.

2. General Scope of Services. The Parties hereby amend Section 3.1.1 of the Master Agreement to read as follows:

The First Amendment shall add the following paragraph number two to read as follows:

The General Scope of Services of this Agreement shall be expanded by the First Amendment to the Master Agreement to include the development of an Energy Master Plan, maintenance and expansion of the infrastructure including a water treatment plant, and develop an Urban Forestry Master Plan. 294
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Therefore, the Master Agreement shall read in its entirety as follows:

Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional public affairs and creative communication support services necessary for the Project
³6HUYLFHV´
7KH 6HUYLFHV DUH PRUH
SDUWLFXODUO\GHVFULEHGLQ([KLELW³A´DWWDFKHGKHUHWRDQGLQFRUSRUDWHGKHUHLQE\ reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3. Term. The Parties hereby amend Section 3.1.2 of the Master Agreement to read as follows:

The First Amendment shall add the following paragraph number two to read as follows:

The term of this Agreement shall be extended six (6) months by the First Amendment to the Master Agreement and shall commence on January 16, 2022 to July 16, 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Therefore, the Master Agreement shall read in its entirety as follows:

The term of this Agreement shall be from October 1, 2021 to March 31, 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

4. Compensation. The Parties hereby amend Section 3.3.1 of the Master Agreement to read as follows:

The First Amendment shall add the following paragraph number two to read as 295
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follows:

Consultant shall receive compensation, excluding authorized reimbursements, for all Services performed under this Agreement at the same hourly rate of two hundred fifty ($250)/hour and not-to-exceed thirty (30) hours a month. Services performed at an hourly rate will count towards the monthly not-to-exceed amount. The monthly not-to-exceed amount will increase from Seven thousand dollars ($7,000) to Seventy-five hundred dollars ($7,500). The total compensation not-to-exceed amount shall increase from Thirty thousand dollars ($30,000) to Forty-five thousand dollars ($45,000) without the written approval of the City Council or City Manager as applicable. Extra work may be authorized, as described in the Master Agreement, and if authorized, will be compensated at the rates and manner set forth in the Master Agreement.

Therefore, the Master Agreement shall read in its entirety as follows:

Consultant shall receive compensation, excluding authorized reimbursements, for DOO6HUYLFHVUHQGHUHGXQGHUWKLV$JUHHPHQWDWUDWHVVHWIRUWKLQ([KLELW³B´DWWDFKHG hereto and incorporated by reference. The total compensation shall not exceed Thirty thousand dollars ($30,000) without written approval of the City Council or City Manager as applicable. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

5. Reimbursement. The Parties hereby amend Section 3.3.3 of the Master Agreement to read as follows:

The First Amendment shall add the following paragraph number two to read as follows:

Consultant shall not receive reimbursement for any travel and expenses unless prior written authorization is provided by City Manager and the amount shall not exceed One Thousand dollars ($1,000) a month.
296
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Therefore, the Master Agreement shall read in its entirety as follows:

Consultant shall not be reimbursed for any expenses unless authorized in writing E\&LW\RULQFOXGHGLQ([KLELW³B´RIWKLV$JUHHPHQW Consultant shall not receive reimbursement for any travel and expenses unless prior written authorization is provided by City Manager and the amount shall not exceed One Thousand dollars ($1,000) a month.

6. Entire Agreement. The Master Agreement, together with this First Amendment, embodies the entire understanding between Consultant and City with respect to its subject matter and can be changed only by an instrument in writing signed by Consultant and City.

7. Effect of Amendment. The term "Agreement" when used in this First Amendment or the Master Agreement shall mean the Master Agreement as amended, modified, and supplemented by this First Amendment unless the context would require otherwise. Except to the extent the Master Agreement is modified by this First Amendment, the remaining terms and conditions of the Master Agreement shall remain unmodified and in full force and effect. In the event of conflict, between the terms and conditions of the Master Agreement and the terms and conditions of this First Amendment, the terms and conditions of this First Amendment shall prevail and control.
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IN WITNESS WHEREOF, this First Amendment has been executed as of the day and year first set forth above.

CITY OF ADELANTO: IDEATE California:

By: By:

Jessie Flores, City Manager Jose Atilio Hernandez, President

Date:_______________________ Date:

ATTEST:
____________________
Brenda Lopez
City Clerk
Date:

APPROVED AS TO FORM:
_____________________________
Marc Tran, City Attorney
2OLYDUH]0DGUXJD/HPLHX[2¶1HLOO
February 9, 2022
February 9, 2022
298
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(;+,%,7³$´

MASTER AGREEMENT
299
-7-
(;+,%,7³B´
Curriculum Vitae and Overview
300

CITY OF ADELANTO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 22th day of September, 2021, by and between the City of Adelanto, a municipal corporation, organiz'ed under the laws of the State of California, with its principal place of business at 11600 Air Expressway, Adelanto, CA 92301 ("City") and IDEATE California an S-Corporation, with its principal place of business at 315 W. 9th Street, Suite 700, Los Angeles, CA 90015("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional economic development consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional economic development services, and is familiar with the plans of the City.

2.2 Project.

City desires to engage Consultant to render such professional economic development consulting services for the communications by the City with residents and the public ("Project") as set forth in this Agreement.

3. TF.RMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from October 1, 2021 to March 31. 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

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

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

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

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

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

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

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

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

3.2.9 Insurance.

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

3.2.9.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Senrices Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid inside the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Workers' Compensation/Employer's Liability: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers' Compensation Insurance. However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers' Compensation/Employer's Liability Insurance in accordance with this section. 3 OMLO: October 2018
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(C) Professional Liability (Errors & Omissions) Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.9.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(B) Professional Liability (Errors & Omissions):
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable Lo this Agreement. The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend.

3.2.9.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Consultant shall require similar written express waivers and insurance clauses from each of its subconsultants.
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3.2.9.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

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

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

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

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

3.2. 9.10 Enforcement of Agreement Provisions (non estoppel}. Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.9.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained herein arc not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2. 9.12 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(A) The Retroactive Date must be shown and must be before the effective date of the Agreement or the beginning of work under this Agreement. (B) Such insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of all services under this Agreement. 5 OMLO: October 2018
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(C) lf coverage is canceled or non-renewed, and not replaced with another claims-made policy fonn with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of all services under this Agreement.

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

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

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

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

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

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

3.3 Fees and Payments.

3.3. l Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Thirty thousand dollars ($30,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, wi 11 be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe 6 OMLO: October 2018
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the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

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

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

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

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

3.4 California Labor Code Provisions.
3 .4.1 Prevai I ing Wage Law. Consultant is a ware of the requirements of Cali fomia Labor Code Section 1720, et .film-, and 1770, et~-, as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Tfthe Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comp 1 y with such Prevailing Wage Laws. Consultant shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may view a copy of the prevailing rates of per diem wages at the City. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.

3.5 Accounting Records.

3.5. l Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant 7 OMLO: October 2018
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to this Agreement. Consultant shall al low inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6. l Termination of Agreement.
3 .6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3 .6.1.3 Additional Services. ln the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

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

Consultant:

City:

Jose Atilio Hernandez
315 W. 9th Street, Suite 700
Los Angeles, CA 9001 5
City of Adelanto
11600 Air Expressway
Adelanto, California 92301
Attn: Brenda Lopez, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.6.2 Ownership of Materials and Confidentiality.

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

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

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

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

3.6.3 Cooperation: Further Acts. The Parties shal\ fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3 .6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
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3.6.5 Indemnification.

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

3.6.5.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.5 .1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

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

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

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

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

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

3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation oflaw, this Agreement or any interest herein without the prior written consent 10 OMLO: October 2018
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of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction: References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs arc for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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

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

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

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

3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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3.6.20 Authority Lo Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3 .6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7 Subcontracting.

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

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

CITY OF ADELANTO
ATTEST:

By:
renda T ,opez
City Clerk
APPROVED AS TO FORM:

By:

Marc Tran
City Attorney

IDEATE CALIFORNIA
By:

President
12 OMLO: October 2018
312
EXHIBIT "A"

SCOPE OF SERVICES
ECONOMIC DEVELOPMENT SUPPORT AND ASSISTANCE:

IDEATE shall work with the City of Adelanto to I) increase the City's energy capacity, 2) work to expand the City's Energy Infrastructure, and 3) expand economic development opportunities for the city.

Specifically, IDEA TE shall:

Increase Energy Capacity
Identify existing load capacity issues and load growth need o Provide written recommendations to the City
o As necessary, present recommendations to City Council/Mayor Work with So Cal Edison and Edison International to increase available electricity for the City and its residential and commercial customers.
o Connect with Statewide and Local Edison Representatives o Connect with Statewide and Local decision-makers
Identify alternate strategies to increase load and as necessary engage in most cost effective strategies
o Community Choice Aggregation
Providers- Lancaster
o Imperial Irrigation District
o Nevada Energy
o Direct Access
o Micro-Grids
Expand Energy Infrastructure
Identify long term opportunities for the City
o Municipalization
o Irrigation District
o Micro-Grids/Virtual Power Plan
Develop implementation plans
o Local Campaign
o Statewide Legislation
o MicroGrid RFP
Economic Development
Work with the City management to continue to identify economic opportunities, included but not limited to
o Broadband
o Workforce Investment
o CDPI Expansion/Community Development Centers
o General Business Development
313
314
EXHIBIT "B"

COMPENSATION
Compensation not to exceed Thirty Thousand Dollars. ($30,000.00) IDEATE respectfully requests $30,000 from September 16, 2021 to January 15, 2021. IDEATE shall adjust its $650/hr rate and provide a discounted rate of $250/hr, not to exceed 30 hours a month.

IDEA TE shall submit monthly itemized invoices to City of Adelanto in the amount of $7000 a month beginning October 15th. $2000 shall be due upon execution of this agreement. 315

CITY OF ADELANTO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

2. RECITALS.

2.1 Consultant.

2.2 Project.

3. TF.RMS.

3.1 Scope of Services and Term.

3.2 Responsibilities of Consultant.

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

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

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

3.2.9 Insurance.

3.2.9.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Senrices Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid inside the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Workers' Compensation/Employer's Liability: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers' Compensation Insurance. However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers' Compensation/Employer's Liability Insurance in accordance with this section. 3 OMLO: October 2018
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(C) Professional Liability (Errors & Omissions) Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2. 9.12 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(A) The Retroactive Date must be shown and must be before the effective date of the Agreement or the beginning of work under this Agreement. (B) Such insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of all services under this Agreement. 5 OMLO: October 2018
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(C) lf coverage is canceled or non-renewed, and not replaced with another claims-made policy fonn with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of all services under this Agreement.

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

3.3 Fees and Payments.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe 6 OMLO: October 2018
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the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

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

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

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

It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.

3.5 Accounting Records.

3.5. l Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant 7 OMLO: October 2018
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to this Agreement. Consultant shall al low inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

Consultant:

City:

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.6.2 Ownership of Materials and Confidentiality.

3.6.5 Indemnification.

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

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

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

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

3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation oflaw, this Agreement or any interest herein without the prior written consent 10 OMLO: October 2018
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of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

3.7 Subcontracting.

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

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

CITY OF ADELANTO
ATTEST:

By:
renda T ,opez
City Clerk
APPROVED AS TO FORM:

By:

Marc Tran
City Attorney

IDEATE CALIFORNIA
By:

President
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327
EXHIBIT "A"

SCOPE OF SERVICES
ECONOMIC DEVELOPMENT SUPPORT AND ASSISTANCE:

Specifically, IDEA TE shall:

IDEA TE shall submit monthly itemized invoices to City of Adelanto in the amount of $7000 a month beginning October 15th. $2000 shall be due upon execution of this agreement. 330
September 1, 2022
To: Jessie Flores, City Manager, City of Adelanto
Angel Castellanos, Director of Finance, City of Adelanto Fr: Jose Atilio Hernandez, Founder/CEO IDEATE California Lizette Solorzano, Executive Manager, IDEATE California Re: Scope of Work- 2022/23
The purpose of this memo is to describe the proposed scope of work IDEATE seeks to continue to perform for the City of Adelanto.

Scope of Work
IDEATE shall work with the City of Adelanto to 1) work to expand the City’s Energy Infrastructure and long term planning, 2) work with the city to address other infrastructure needs, 3) assist the city in applying for state and federal energy infrastructure funding , and 4) develop recommendations to secure additional state wide resources for Adelanto, and 5) expand economic development opportunities for the city) Specifically, IDEATE shall:

Developing an Energy Master Plan
- Present to Council a Master Plan framework for 2022-2025 o Ensure future development has adequate energy supply
- Continue to work with the City and Edison to Identify existing load capacity issues and load growth need
- Work with So Cal Edison and Edison International to increase long term needs for the City and its residential and commercial customers.
o Connect with Statewide and Local Edison Representatives o Connect with Statewide and Local decision-makers
- Continue to Identify alternate strategies to increase load and as necessary engage in most cost effective strategies
o Community Choice Aggregation
Providers- Lancaster
o Imperial Irrigation District
▪ Geothermal Power
o Nevada Energy
o Direct Access
o Micro-Grids
331
Maintaining and Expanding Infrastructure
- Work on expanding the City’s infrastructure
o Water Treatment plant
▪ Connect with the City of LA
o Identify opportunities to address issue
o Connect with statewide electeds
Securing additional resources for Adelanto
- Identify existing funding sources issues, Including:
o Distributed Generation- Direct Access Lottery
o Hydrogen fuel grants
▪ Local/federal
o EV Grants
▪ Apply to Jump Start
▪ Apply to Edison Grants
▪ Apply to CEC funding
o Geothermal
- Work with the City on applications
Economic Development
- Work with the City management to continue to identify economic opportunities, included but not limited to
o Broadband
o Workforce Investment
o CDFI Expansion/Community Development Centers
o General Business Development
Fees and Payment
IDEATE respectfully requests $30,000 from September 1, 2022 to February 28, 2023. IDEATE shall adjust its $750/hr rate and provide a discounted rate of $250/hr, not to exceed 20 hours a month. IDEATE shall submit monthly itemized invoices to City of Adelanto in the amount of $50000 a month.

All travel/expenses associated with this work shall be itemized separately and only reimbursed upon prior approval from the City of Adelanto. Travel and Expenses shall not exceed $1000 monthly.

Status Reporting
During the term, IDEATE shall meet with Jessie Flores to prioritize scope of work, as well advise as to the status and progress of the work. IDEATE shall set up weekly check-ins with the City Management.

Relationship of the Parties
332
IDEATE is and always shall act as an independent contractor providing services pursuant to this Engagement Memo. It is expressly understood and agreed that this Engagement Memo shall not be considered or interpreted as naming or appointing IDEATE as an employee, agent, partner, or joint venturer of the City of Adelanto and neither party shall have the authority to bind the other in any respect. IDEATE shall maintain its financial records, shall maintain its own insurance, will be responsible for the payment of all taxes with respect to the compensation to be paid to IDEATE by the City of Adelanto under this Engagement Memo, and will perform each and every other act necessary to or required in the conduct of its business. In addition, IDEATE must comply with all laws and regulations and any violation of such laws shall nullify all Fees and Payments. IDEATE hereby indemnifies the City of Adelanto for all liabilities associated with IDEATE’s actions.

Confidential Information/ Intellectual Property and Proprietary Rights IDEATE acknowledges that it shall be provided or have access to the confidential business information and trade secrets of the City of Adelanto, including but not limited to copyrighted material, trade names, trademarks, service marks, the City of Adelanto’s tools, methodologies, trade secrets, business and financial strategies, and other intellectual property of the City of Adelanto (“Confidential Information”). IDEATE understands that the City of Adelanto strictly prohibits the unauthorized use or distribution of any Confidential Information, and that IDEATE shall not use or disclose any such Confidential Information without the prior written consent of the City of Adelanto IDEATE accepts liability for any unauthorized disclosure or use of Confidential Information and recognizes that the improper and impermissible disclosure or use of any Confidential Information and will cause irreparable damage to the City of Adelanto Confirmation of Agreement
This Engagement memo constitutes the entire agreement of the parties and supersedes all prior communications, agreements, and promises, either oral or written. Any modifications to this engagement letter shall be effective only when agreed to in writing by both the City of Adelanto and IDEATE.

Please confirm the City of Adelanto ‘s agreement to the terms of this Engagement memo by signing a copy of this memo, returning it to us and sending us a copy either via PDF or mail.

ACCEPTED AND AGREED TO THIS 1
st DAY OF September, 2022
________________________
Jessie Flores
City Manager
______________________________
333
Jose Atilio Hernandez
IDEATE California
Founder/CEO
334

CITY COUNCIL AGENDA REPORT
?
DATE: October 12, 2022
TO: Honorable Mayor and City Council Members
FROM:

BY:

Jessie Flores, City Manager
Angel Castellanos, Director of Finance
SUBJECT: CONSIDERATION OF AMENDMENT NO.2 TO THE PROFESSIONAL CONSULTANT

SERVICES AGREEMENT WITH LOCAL EQUITY LLC TO EXTEND THE CONTRACT TERM SIX MONTHS (FEBRUARY 28, 2023) AND INCREASE COMPENSATION.

STAFF RECOMMENDATION:

Staff Recommends the City Council approve Amendment No. 2 to the Professional Consultant Services Agreement with Local Equity LLC to extend Section 3.1.2 Term on the attached Agreement for six (6) months with an increased compensation of Sixty Thousand Dollars ($60,000).

BACKGROUND:

On October 14, 2021, the City Manager entered into a Professional Consultant Services Agreement (“Agreement”) with Local Equity LLC to provide professional economic development consulting services through March 31, 2022, In March 29, 2022 the City Council approved the First Amendment to the Agreement to extend the services through August 31, 2022, with the ability to authorize extra work where needed. The approved contract provided that Local Equity LLC would perform the following services:

I. ECONOMIC DEVELOPMENT SUPPORT AND ASSISTANCE: Local Equity LLC shall work with the City of Adelanto (“City”) to attract capital providers and developers of infrastructure, housing, manufacturing, distribution facilities, and Cannabis facilities.

A. Technical Assistance and Financial Capacity Increase: Local Equity will provide the following support to the City of Adelanto.

1. Client Attraction:
a) Participation in meetings with large corporations that want to invest in the City.
b) Support the City with direct marketing efforts to corporations that are a fit with the city's goals and objectives.

2. Natural Preservation and Mitigation:
a) In collaboration with the City, work on preparation and mitigation 335
strategies of the Joshua Tree.

3. Project Financing:
a) Engage in discussions about projects that have high community impact to understand the financing needs. Educate staff and investors about available alternative financing options. This includes City owned infrastructure assets.
b) Engage with local lenders and philanthropy to ascertain the level of interest and assemble a debt/ equity target group for specific projects. c) Support the City in the development and improvement of the Wastewater facility.
d) Engage with County, State, and Federal government to position projects for grants/loan support.
e) Collaborate with CDFIs, CDEs, and other NGOs on alternative financing. f) Support the City in creating materials and documentation required to apply for, process, and maintain loans, bonds, and philanthropic capital- as requested.

4. Stakeholder collaboration:
a) Upon request by the client, engage with other public agencies or non - profits to promote a healthy and collaborative support mechanism for project specific needs.

5. Water and Sewer Expansion Negotiations:
a) Upon request by the client, engage with water and sewer agencies to evaluate possible grants, bonds, and other revenue sources for expansion.
b) Review reports related to sewer re-rating efforts and future expansion c) Review documentation for future water well expansion.

B. Developer/ Investor Support - Not Included

1. Local Equity may contract with local developers and investors to advance their projects in Adelanto, help attract debt and equity financing, and act as local intermediary. Such costs will be carried by the 3rd party with no impact to the client (The City of Adelanto).

C. Based on current discussions, Local Equity estimates the scope of this work at an average of 40 hours/week.

Dr. Gil Keinan is experienced and qualified to provide professional consulting services as it relates to real estate finance and economic development. Dr. Keinan is the Managing Director of Local Equity LLC, an economic development organization and finance lender that provides financial solutions to community priority projects in the Inland Empire and the Central Coast. Dr. Keinan also co-founded HObsequio, a hotel asset management and advisory firm. He previously served as FUSE Executive Fellow with the County of San Bernardino, leading efforts to attract investment into 57 low-income Opportunity Zone census tracts.

Dr. Keinan’s background includes expertise in real estate with known management and 336
investment firms. His hands-on operational insights from Four Seasons Hotels, coupled with strong comfort in marketing, management, development and value creation in private equity, enabled him to lead complicated deals to successful exits. Overall, Dr. Keinan provided leadership to over $2 billion in asset management and supported over $1 billion in transaction volume.

Dr. Keinan studied the impact of management groups on hotel sales value as part of his doctoral dissertation research at Pepperdine University. He received his M.B.A. from the University of San Francisco, and is a graduate of the University of Surrey (United Kingdom) School of Hospitality Management.

Dr. Keinan is frequently contacted as a resourceful leader for input on multiple non-profits, industry groups, and academia. He serves on the board of directors of the Neighborhood Housing Services of Inland Empire, is a member of the National Real Estate Investor Association, Discover Inland Empire Tourism Association, California Association of Local Economic Development, the American Real Estate Society, Urban Land Institute, and the Hospitality Asset Managers Association. His greatest strength is his ability to creatively untangle ‘hairy’ situations, while building long lasting relationships that provide value to his employees, clients, and partners. He has lived in seven countries and speaks multiple languages and enjoys discussing the intersection of macro- and micro-economic trends.

Dr. Gil Keinan has been instrumental in the Civic Center Campus Development, economic development projects and valuable with grants qualifications. To continue the on-going progress and build upon these achievements, it is recommended to amend the Master Agreement to extend the Term and increase compensation.

The Second Amendment will extend the Term of the Agreement by six (6) months and shall commence on September 1, 2022, through to February 28, 2023.

The amendment to the monthly retainer fee of Ten Thousand Dollars ($10,000) per month.

Under the Second Agreement, the Consultant shall receive Sixty Thousand Dollars ($60,000) in compensation. The total compensation not-to-exceed amount under both the Master Agreement and the First and Second Amendment is One Hundred and Twenty Thousand Dollars ($120,000). Extra work may be authorized, as described in the Master Agreement, and if authorized, will be compensated at the rates and manner set forth in the Master Agreement.

FISCAL IMPACT:

For Fiscal year 2023, the net cost of the Amendment No. 2 is $60,000 and is included in the budget for Fiscal Year 2023.

ATTACHMENTS:

1. First Amendment to Professional Consultant Service Agreement

2. Exhibit “A” Master Agreement

3. Exhibit “B” Curriculum vitae and overview of Dr. Gil Keinan and Local Equity LLC 337
1 2022

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Professional Economic Development Consulting Services) (Parties: City of Adelanto and Local Equity, LLC.)
THIS SECOND AMENDMENT (hereinafter, “Second Amendment”) to that certain agreement entitled “Professional Services Agreement”, dated October 14, 2021 (hereinafter, “Master Agreement”), is hereby made and entered into this 12th day of October, 2022 (hereinafter, “Effective Date”), by and between CITY OF ADELANTO, a municipal corporation (hereinafter, “City”) and LOCAL EQUITY, LLC. (hereinafter, “Consultant”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant interchangeably, as appropriate.

RECITALS
This Second Amendment is made and entered into with respect to the following facts:

WHEREAS, on October 14, 2021, the Parties executed and entered into the Master Agreement for Consultant to provide professional economic development consulting services; and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter, “First Amendment”), and approved by the City Council of the City of Adelanto (“City Council”) at its Regular Meeting of March 29, 2022, to extend the Term and expand the Compensation; and
WHEREAS, for purposes of this Second Amendment, the Master Agreement as amended by way of the First Amendment, may be referred to collectively as the “Master Agreement.” The Master Agreement is attached and incorporated hereto as Exhibit “A”; and WHEREAS, the Parties now wish to further extend the Term; and WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant a total Not-to-Exceed Sum of SIXTY THOUSAND DOLLARS ($60,000) for all work contemplated under the Master Agreement (hereinafter, “Not-to-Exceed Sum”); and WHEREAS, the Parties wish to increase the total Not-to-Exceed Sum of SIXTY THOUSAND DOLLARS ($60,000) by SIXTY THOUSAND DOLLARS ($60,000), for a new total Not-to-Exceed Sum of ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000) to cover the extended term of the Agreement.

SECTION 1. Section 3.1.2 (TERM) of the Master Agreement is further amended to extend the Term of the Agreement for an additional six (6) months commencing as of September 1, 2022 through February 28, 2023.
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2 SECTION 2. Section 3.3.1 (COMPENSATION) of the Master Agreement is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation shall not exceed a monthly not-to-exceed amount of TEN THOUSAND DOLLARS ($10,000) (hereinafter “Monthly Not-to-Exceed”) for a total not-to-exceed compensation of ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000) (hereinafter “Total Compensation”).

SECTION 4. The provisions of this Second Amendment shall be deemed a part of the Master Agreement as previously amended by way of the First Amendment and except, as otherwise provided under this Second Amendment, the Master Agreement as previously amended by way of the First Amendment, and all provisions contained therein shall remain binding and enforceable.
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3 IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF ADELANTO
By:__________________________________
Jessie Flores, City Manager
Date:

APPROVED AS TO FORM:

By:__________________________________
Marc Tran, City Attorney
Date:

CONSULTANT:

LOCAL EQUITY, LLC.

By:_____________________________
Name:_________________________
Title: ___________________________
Date:
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4 EXHIBIT “A”

MASTER AGREEMENT
341

CITY OF ADELANTO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 14th day of October, 2021, by and between the City of Adelanto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 11600 Air Expressway, Adelanto, CA 92301 ("City") and Local Equity LLC a Limited Liability Company, with its principal place of business at 603 N. Euclid Avenue Ontario, CA 91762 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

2.2 Project.

3. TERMS.

3.1 Scope of Services and Term.

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

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing 1 OMLO: October 2018
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the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees , or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

3.2.3 3.2.4 City's Representative. The City hereby designates Jessie Flores, City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.5 Consultant's Representative. Consultant hereby designates Mr. Gil .

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

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

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

3.2.9 Insurance.

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

Commercial General Liability:

Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid inside the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(A) Commercial General Liability
Workers' Compensation/Employer’s Liability:

Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers’ Compensation Insurance. However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers’ Compensation/Employer’s Liability Insurance in accordance with this section. (B) Workers'
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Professional Liability (Errors & Omissions) Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusionsthat may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(C)

Cancellation: Required insurance policies shall not be
canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. a)
Waiver of Subrogation: A waiver of subrogation stating
that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(2)
(B) Professional Liability (Errors & Omissions):

Cancellation: Required insurance policies shall not be
canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. a)
Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of’the insured and include a provision establishing the insurer’s duty to defend. (2)

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

3.2.9.10 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.9.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.9.12 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:

The Retroactive Date must be shown and must be before the effective date of the Agreement or the beginning of work under this Agreement. (A)
(B) Such insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of all services under this Agreement. 5 OMLO: October 2018
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If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of all services under this Agreement.
(C)

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

TheConsultant shall provide satisfactory evidence of compliance with thissection upon request ofthe City,

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

Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3,2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.10.1 Standard of Care.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements,for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Thirty thousand dollars ($30,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe 6 OMLO: October 2018
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the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

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

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

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

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

3.3.5 3.4 California Labor Code Provisions.

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

3.4.1 3.4.2 Registration. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

3.5 Accounting Records.

Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant OMLO: October 2018

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to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

Consultant: Gil Keinan
603 N, Euclid Ave.

Ontario, CA 91762
City: City of Adelanto
11600 Air Expressway
Adelanto, California 92301
Attn: Brenda Lopez, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.6.2 Ownership of Materials and Confidentiality.

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

Adelanto City CouncilOctober 12, 2022

Adelanto City Council
October 12, 2022