AGENDA
SPECIAL MEETING
OF THE ADELANTO CITY COUNCIL,
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
November 22, 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:
SPECIAL MEETING
November 22, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us • Teleconference https://us06web.zoom.us/j/88974478762
Or Telephone:
1-669-444-9171
Webinar ID: 889 7447 8762
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
SPECIAL MEETING
November 22, 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.
A. CALL TO ORDER— SPECIAL MEETING
TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Jeannette ________
Councilor Jones ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:
FLAG SALUTE: ______________________
B. 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
SPECIAL MEETING
November 22, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us C. PRESENTATION
1. Presentation by Fahoum of Zencity.
D. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council or member of the audience requests a separate discussion on an item.
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Consideration and Approval of A 30-Day Resolution Regarding the Conduct of Teleconferenced Meetings of the City Council and other City Bodies Under Government Code Section 54953(E) RESOLUTION NO. 22-79
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 26, 2022, THROUGH NOVEMBER 25,
2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH
UNDER GOVERNMENT CODE SECTION 54953(e)
3. Approve Resolution 22-80, adopting the Five-Year Measure I Capital Project Need Analysis for Fiscal Year 2023-2024 Through 2027-2028.
RESOLUTION NO 22-80
A RESOLUTION OF THE COUNCIL OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, ADOPTING THE FIVEYEAR CAPITAL PROJECT NEEDS ANALYSIS (FY 2023/2024 THROUGH FY 2027/2087) FOR MEASURE "I" 2010-2040 EXPENDITURE.
M__________________S__________________ACTION____________________
SPECIAL MEETING
November 22, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us E. 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:
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. Approval of the change order to perform additional work on the Jonathan Street and Auburn Avenue water main improvement project and authorize the Executive Director to execute the change order request.
M__________________S__________________ACTION____________________ F. NEW BUSINESS
OPEN PUBLIC COMMENT: CLOSE PUBLIC COMMENT:
1. DISCUSSION ITEM. VETERANS MEMORIAL FLAGS. (CITY MANAGER) RECOMMENDATION – No recommendations at this time, staff to receive discuss and receive feedback.
OPEN PUBLIC COMMENT: CLOSE PUBLIC COMMENT:
2. DISCUSSION ITEM. DEDICATION OF POND TO THE VETERANS. (CITY MANAGER) RECOMMENDATION – No recommendations at this time, staff to receive discuss and receive feedback.
OPEN PUBLIC COMMENT: CLOSE PUBLIC COMMENT:
3. DISCUSSION ITEM. CHANGING STREET NAMES – CHAMBERLAINE WAY TO CAPTAIN CRIPPEN AND AIR EXPRESSWAY TO CHAMBERLAINE WAY. (COUNCIL MEMBER
JEANNETTE)
RECOMMENDATION – No recommendations at this time, staff to receive discuss and receive feedback.
SPECIAL MEETING
November 22, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us OPEN PUBLIC COMMENT: CLOSE PUBLIC COMMENT:
4. DISCUSSION ITEM. UPDATE ON VARIOUS STOP SIGNS REQUESTED IN THE CITY. (CITY
MANAGER/CITY ENGINEER)
RECOMMENDATION – No recommendations at this time, staff to give and update.
G. ADJOURNMENT
The next Regular Meeting of the City Council will be held on December 14, 2022 at 7:00 p.m.
TIME OUT: ______________
M__________________S__________________ACTION____________________
I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE, HEREBY
CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON NOVEMBER 21, 2022, TWENTY-FOUR (24) 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
H. DECLARATION OF POSTING
SPECIAL MEETING
November 22, 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 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121
SPECIAL MEETING
OF THE ADELANTO CITY COUNCIL
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
NOVEMBER 22, 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.
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which was effective immediately and amends Government Code § 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body.
Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically.
Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows:
All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
Participate via zoom please log in using any of the options below:
Teleconference https://us06web.zoom.us/j/88974478762
TIME TELECONFERENCE
To Participate and and Call in for public
comments:
Open Session – 7:00 P.M. Please call 1 669 444 9171 along with conference code 889 7447 8762
Dated: November 21, 2022 Brenda Lopez, City Clerk, CMC
CITY COUNCIL AGENDA REPORT
DATE: November 22, 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 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 November 9, 2022, the City Council adopted Resolution No. 22-76 re-authorizing modified remote teleconference meetings through December 9, 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. 22-79
- 1 -
RESOLUTION NO. 22-79
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 NOVEMBER 22, 2022, THROUGH DECEMBER 22, 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 RESOLUTION NO. 22-79
- 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 September 28, 2022, the City Council adopted Resolution No. 22-63 reauthorizing modified remote teleconference meetings through October 28, 2022; and WHEREAS, on October 12, 2022, the City Council adopted Resolution No. 22-70 reauthorizing modified remote teleconference meetings through November 11, 2022; and RESOLUTION NO. 22-79
- 3 -
WHEREAS, on October 26, 2022, the City Council adopted Resolution No. 22-73 reauthorizing modified remote teleconference meetings through November 25, 2022; and WHEREAS, on November 9, 2022, the City Council adopted Resolution No. 22-76 reauthorizing modified remote teleconference meetings through December 9, 2022; and WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the local recommendations for masks for all individuals, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by Government Code Section 54953(e) to allow the City Council and all City Boards and Commissions to continue meeting under the abbreviated teleconferencing procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:
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 November 22, 2022, until the earlier of December 22, 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.
RESOLUTION NO. 22-79
- 4 -
PASSED, APPROVED AND ADOPTED this 22nd day of November 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
RESOLUTION NO. 22-79
- 5 -
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-79 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 22nd day of November , 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 22nd day of November, 2022.
______________________________
Brenda Lopez, City Clerk
CITY COUNCIL AGENDA REPORT
DATE: November 22, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Contract City Engineer
SUBJECT: FIVE YEAR MEASURE I CAPITAL PROJECT NEED ANALYSIS FOR FISCAL YEAR 2023- 2024 THROUGH 2027-2028
STAFF RECOMMENDATION:
Approve Resolution 22-80, adopting the Five-Year Measure I Capital Project Need Analysis for Fiscal Year 2023-2024 Through 2027-2028
BACKGROUND:
In November 1989, San Bernardino County voters approved passage of Measure "I", authorizing the San Bernardino County Transportation Authority (SBCTA) to impose a half-cent retail transaction and use tax. The new tax was applicable in the incorporated and unincorporated areas of the County of San Bernardino for the 20-year period between April 1, 1990, and March 31, 2010. SBCTA was authorized to administer the programs described in the Measure. Revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plan, as set forth in Ordinance No. 04-1.
In November 2004, voters extended the half-cent sales tax for 30 years, from April 1, 2010 through March 31, 2040. The new Measure is referred to as Measure "I" 2010-2040 to distinguish it from the first Measure "I". The Measure "I" 2010-2040 Expenditure Plan includes the Valley Major Street Program.
This Program provides funding for regional arterial projects that have been identified in the SBCTA Nexus Study and are included in the City's Regional Traffic Circulation System Master Facilities Plan and Impact Fee Program. To participate in the Valley Major Street Program, each agency must annually adopt a 5- year Capital Project Needs Analysis (CPNA), which identifies project funding needs by fiscal year. The CPNA includes the anticipated funding sources, funding amounts and project phasing for eligible projects that were included in the SBCTA Nexus Study. This information is needed from each local agency to assist SBCTA staff in preparing an overall capital needs and cash flow analysis for the Valley Major Street Program.
The projects listed in the CPNA are those select projects that qualify for and intend to use funding from the Measure "I" 2010-2040 Valley Major Street Program, along with matching funds collected from new development through the City's Regional Circulation System Impact Fee. The Regional Circulation System Impact Fee was adopted in anticipation of this program and to satisfy the requirement that the new development pay its fair share toward regional improvements funded by the Measure "I" 2010-2040 Valley Major Street Program. Only projects that will use Valley Major Street Program funds are required to be included in the CPNA.
The following five projects are recommended for inclusion in the CPNA:
1. El mirage Road between Route 395 and Richardson Road
2.Bartlett Avenue Phase I between Adelanto Road and Aster Road
3. Bartlett Avenue Phase II between Aster Road and Richardson Road
4. Bellflower Street Phase I between Chamberlaine Way and Air Express Way
5. Bellflower Street Phase II between Air Expressway to Cactus Road Staff recommends City Council adopt the attached resolution and Measure I Capital Improvement Plan for the fiscal years 2023/24 through 2027/28.
FISCAL IMPACT:
There will be no impact on the General Fund. These projects are funded through Development Impact Fee and will be 63.5% reimbursable by SBCTA.
ATTACHMENTS:
A. Resolution 22-80
B. CPNA 2023/24 through 2027/2028
C. Projects Location Map
A
RESOLUTION NO 22-80
A RESOLUTION OF THE COUNCIL OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, ADOPTING THE FIVEYEAR CAPITAL PROJECT NEEDS ANALYSIS (FY 2023/2024 THROUGH FY 2027/2087) FOR MEASURE "I" 2010-2040 EXPENDITURE.
WHEREAS, San Bernardino County voters approved passage of Measure I in November
2004, authorizing the San Bernardino County Transportation Authority to impose a onehalf 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. 89-1 and Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:
the the Five-Year Capital Project Needs Analysis (FY 2023/2024 through FY 2027/2087) for measure "I" 2010-2040 expenditure, attached to this resolution, is hereby adopted.
PASSED, APPROVED AND ADOPTED On this 22nd day of November, 2022. ____________________
Gabriel Reyes, Mayor
ATTEST:
_____________________
Brenda Lopez, City Clerk
Resolution No. 22-80
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-80 was duly and regularly adopted at a meeting of the City Council of the City of Adelanto on this 22
st day of November, 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 22nd day of November , 2022.
______________________________
Brenda Lopez, City Clerk
ATTACHMENT ‘C’
PROJECT LOCATION MAP
El Mirage Road between Route 395 and Richardson Road
Bartlett Avenue Phase I between Adelanto Road and Aster Road Bartlett Avenue Phase II between Aster Road and Richardson Road Bellflower Street Phase I between Chamberlaine Way and Air Express Way
Bellflower Street Phase II between Air Expressway to Cactus Road
CITY COUNCIL AGENDA REPORT
DATE: November 22, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Derik Despain, Senior Accountant, and Saba Engineer, Contract Engineer SUBJECT: APPROVE CHANGE ORDER FOR ADDITIONAL WORK ON JONATHAN AND AUBURN
WATER MAIN IMPROVEMENTS FOR HIGH DESERT UNDERGROUND AND AUTHORIZE
THE EXECUTIVE DIRECTOR TO EXECUTE THE CHANGE ORDER REQUEST STAFF RECOMMENDATION:
Staff Recommends that Council approve the change order to perform additional work on the Jonathan Street and Auburn Avenue water main improvement project and authorize the Executive Director to execute the change order request.
BACKGROUND:
At the February 9th, 2022 board meeting of the Adelanto Public Utility Authority (“APUA”), High Desert Underground was awarded a contract to extend existing water system North along Jonathan Steet.
Plans and specifications were produced by Engineering Department Staff and advertised in accordance with existing laws and standards. However, it was discovered that to better support the area, there would need to be a change in scope of the project.
The original contract was approved for $721,595.75. Currently High Desert Underground has total billings in the amount of $695,694.26. The current change order of $40,848.12 will exceed the authorized amount.
FISCAL IMPACT:
The Fiscal impact to the Capital Improvement budget for the APUA will be adjusted at the Mid-Year Report to include the increase of $40,848.12.
ATTACHMENTS:
1. Change Order Request
NO:
UNIT PRICE
LS $ 23,131.60
HOURS $ 120.50
HOURS $ 180.75
HOURS $ 90.50
HOURS $ 135.75
HOURS $ 45.00
HOURS $ 45.00
LS $ 1,000.00
LS $ 960.00
1 $ 1,000.00
$ 5,328.02
TOTAL
**CUSTOMER SIGNATURE REQUIRED:_________________________________________ DATE: _______________ 20 BACKHOE $ 900.00
LABORER OT $ 1,357.50
20 SERVICE TRUCK $ 900.00
EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):
Additional Working Days
THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Fees, Surveying/Staking, Compaction Tests, Inspection Fees, Construction Water, Bonds or Bond Riders, Meter
NOTICE: This project was bid using industry standard tools and equipment. Should underground conditions require special equipment, we will notify the owner and reconsider the proposal. 16 $ 3,620.00
$ 40,848.12
4 40
$ 1,928.00
10 CHANGE ORDER
REQUEST
OPERATOR OT
PROJECT NO.:
SUBMITTED TO:
COMPANY:
QTY DESCRIPTION
REVISED TIE-IN AT CHAMBERLAINE WAY & JONATHAN ST PER
PROJECT DESCRIPTION: APPROVED RFI 001 ON 6/29/2022
1 OPERATOR
11/21/2022
CITY OF ADELANTO
BRIAN WOLFE
J2022-27
DATE:
Subtotal $ 35,520.10
1 HDU 15% OH & PROFIT $ 5,328.02
1 001 R
ADDITIONAL ASPHALT $ 1,000.00
$ 723.00
LABORER
2 HIGH DESERT UNDERGROUND INC.
GENERAL ENGINEERING | PIPELINE CONSTRUCTION
13355 OSAGE COURT, APPLE VALLEY, CA 92308
OFFICE (760) 247-8999 | FAX (760) 247-2777
www.hdupipeline.com
TOTAL
ADDITIONAL MATERIAL AS SHOWN ON THE APPROVED RFI 001 $ 23,131.60
ADDITIONAL LABOR/EQUIPMENT TO PERFORM TIE-IN
1 REMOVAL & DISPOSAL OF ASBESTOS PIPE $ 960.00
1 SURVEY $ 1,000.00