Agenda, closed session — Adelanto City Council, February 8, 2023 (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
FEBRUARY 8, 2023

City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Joy Jeannette, Councilor
Angelo Meza, Councilor
Amanda Uptergrove, Councilor
City Manager
Jessie Flores
City Attorney
Marc Tran
Meetings held:
2 nd & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto
Closed Session: 6:00 p.m.

Open Session: 7:00 p.m.

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

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

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

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

The public may view the meeting or participate / comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:
1 REGULAR MEETING
FEBRUARY 8, 2023
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
FEBRUARY 8, 2023
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 Jeannette ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________

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

C. APPROVAL OF AGENDA
A. CALL TO ORDER—CLOSED SESSION
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
FEBRUARY 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISIONS (D)(2) AND (E)(1) (one potential matter)
E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
F. CONVENE INTO CLOSED SESSION
TIME: _____________

1. Motion to go into Closed Session.

M__________________S__________________ACTION_________________ TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________
H. CLOSED SESSION REPORT
G. CALL TO ORDER—REGULAR MEETING
4 REGULAR MEETING
FEBRUARY 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
K. PRESENTATIONS

1. Presentation to the Christmas Parade Sponsors.

2. Presentation to the Christmas Parade Prize Winners.

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

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

1. 2.

3. MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
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.

Approval of Meeting Minutes – December 8, 2021, January 12, 2022, January 18, 2022 Special, January 18, 2022, January 26, 2022, February 9, 2022, February 23, 2022, March 9, 2022, March 23, 2022, March 29, 2022 Special, April 13, 2022, April 26, 2022 and April 27, 2022 Special.

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 5 REGULAR MEETING
FEBRUARY 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us R RESOLUTION NO. 23-09

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 FEBRUARY 8, 2023, THROUGH FEBRUARY 28, 2023, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)

4. Approval of Tract Map Single Family Residential Lots-20401 Final Acceptance.

5. Approval of Parcel Map Light Manufacturing-20495 Final Acceptance.

M__________________S__________________ACTION__________________ N. APUA - NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. PROFESSIONAL SERVICE AGREEMENT FOR DESIGN SERVICES FOR DRILLING A NEW GROUNDWATER PRODUCTION WELL. (SABA)
RECOMMENDATION: Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Wood Rodgers in the amount of $126,060 for Design Services for Drilling a New Groundwater Production Well and authorize the City Manager to sign the agreement on behalf of the City Council.

M__________________S__________________ACTION____________________ 6 REGULAR MEETING
FEBRUARY 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us O. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. RECOMMEND AWARD OF CONTRACT FOR THE AUBURN AVENUE & JONATHAN STREET IMPROVEMENTS PROJECT. (SABA)
RECOMMENDATION: Staff recommends City Council approve an award of construction contract agreement with Miller Equipment Company, Inc. in the amount of $1,095,410, to provide construction of Auburn Avenue & Jonathan Street Improvements project, authorizing project construction contingency in the amount of $109,541 for the construction, authorizing City Manager or designee to expend the contingency fund, if necessary to complete the project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.

M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:

2. CONSIDERATION AND APPROVAL OF AN AGREEMENT WITH BURKE, WILLIAMS & SORENSEN, LLP FOR LEGAL SERVICES. (CITY ATTORNEY)
RECOMMENDATION: Staff recommends that the City Council approve an agreement with Burke, Williams & Sorensen, LLP for legal services.

M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:

3. RESOLUTION NO. 23-05: NOMINATION AND APPOINTMENT BY MAYOR PRO TEM RAMOS TO THE PLANNING COMMISSION. (MAYOR PRO TEM RAMOS) RECOMMENDATION: Approval of Councilor Mayor Pro Tem Ramos’s appointment to the Planning Commission.

RESOLUTION NO. 23-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

PROVIDING FOR AN APPOINTMENT TO THE PLANNING
COMMISSION.
.

M__________________S__________________ACTION___________________ 7 REGULAR MEETING
FEBRUARY 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED:

4. DISCUSSION ITEM – ADHOC COMMITTEES. (CITY COUNCIL)
RECOMMENDATION: The City Council to discuss and provide direction to staff on Ad Hoc Committee.

PUBLIC COMMENT: OPEN: CLOSED:

5. DISCUSSION ITEM – UPDATE ON TRAFFIC STUDY. (JESSIE/SABA) RECOMMENDATION: Staff to provide an update to the City Council.

PUBLIC COMMENT: OPEN: CLOSED:

6. DISCUSSION ITEM – MOVIE NIGHTS AT THE PARK. (JESSIE/BRENDA) RECOMMENDATION: The City Council to discuss and provide direction to staff on Movie Nights in the Park.

PUBLIC COMMENT: OPEN: CLOSED:

7. DISCUSSION ITEM – TRANSLATOR FOR CITY COUNCIL MEETINGS. (JESSIE /ANGEL/BRENDA)
RECOMMENDATION: Staff to provide information to the City Council.

P. ITEMS REMOVED FROM THE CONSENT CALENDAR
Q. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner. 8 REGULAR MEETING
FEBRUARY 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us R. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

TIME OUT: ______________
M__________________S__________________ACTION____________________

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

HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON FEBRUARY 4, 2023, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk, CMC
T. DECLARATION OF POSTING
9 REGULAR MEETING
FEBRUARY 8, 2023
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
February 8, 2023
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://us06web.zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09

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

Closed Session – 6:00 p.m. Please call 1 669 444 9171 along with conference code 931 4644 4676
Open Session – 7:00 p.m. Passcode: 7601

Dated: February 4, 2023 Brenda Lopez, City Clerk, CMC
11 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
December 8, 2021
A. CALL TO ORDER –CLOSED SESSION MEETING
The Adelanto City Council held the Regular Meeting on Wednesday, December 8, 2021, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 5:01 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

B. ADDITIONS / DELETIONS TO THE AGENDA
C. APPROVAL OF THE AGENDA
D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

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

2. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, Property: 12000 Stadium Way, Adelanto, CA 92301
City Negotiators: City Manager and City Attorney
Under Negotiation: Lease Price and Terms
City Attorney Tran announced the closed session items.

E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
12 City Council Minutes
Regular Meeting
December 8, 2021
2 F. CONVENE INTO CLOSED SESSION
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to convene into closed session at 5:03 p.m.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

G. RECONVENE FROM CLOSED SESSION
Mayor Reyes reconvened the meeting at 7:02 p.m..

H. CALL TO ORDER -REGULAR MEETING
Mayor Reyes called to order the regular meeting at 7:02 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Jones
Flag Salute: Mayor Pro Tem Ramos
I. CLOSED SESSION REPORT
City Attorney Tran stated there was no final action taken on the closed session items.

J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Jeannette sent prayers to Ammie Hunter’s Family regarding her passing. She announced that the hood over the stove at the senior center was steam cleaned with a compliance certificate. She shared that the Kicks Kafe Senior Klub served 50,000 people. She announced they applied for a name change for the Senior Club and it takes about 6 months. She discussed that it was brought to her attention that a City vehicle has been parked at an elected officials house and 13 City Council Minutes
Regular Meeting
December 8, 2021
3 is blocking the sidewalk preventing a citizen in a wheelchair from utilizing the sidewalk.

K. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
City Manager Flores spoke about a Holiday Inn Express hotel that is coming to the City. He shared that there was an approval for a 200 unit 2-story apartment complex on south side. He gave recognition to Ultimate West Entertainment for the toy drive they hosted on December 4, 2021. He announced that Burrtec will host a recycling Christmas tree collection shortly after the holiday.

L. PRESENTATIONS
None.

M. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:19 p.m.

Miguel Soto- Spoke about the City Manager's comments regarding “a small group of negative people”. He requested the council chambers be opened again.

Lee- Stated he feels the people of Adelanto were disrespected. He shared he thinks the rental assistance monies should be used for residents' water bills for the month of December or January.

He shared that he thinks the City Manager should apologize to residents for his comments.

Mayor Reyes closed public comment at 7:27 p.m.

N. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to approve the consent calendar as presented with #2 and #3 being pulled for discussion by Evans.

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 teleconference meetings of the City Council and other City Bodies under the modified rules set forth under Government Code Section 54953(e) and other applicable provisions AB361. 14 City Council Minutes
Regular Meeting
December 8, 2021
4 RESOLUTION NO. 21-71

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, 2021, AND AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE CITY COUNCIL, CITY

BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM DECEMBER 8, 2021 THROUGH JANUARY 7, 2022 PURSUANT TO BROWN ACT PROVISIONS.

3. Approve Resolution No. 21-70 authorizing the payout of up to an additional 80 hours of paid time off for Confidential and Management Personnel.

RESOLUTION NO. 21-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE PAYOUT OF AN ADDITIONAL EIGHTY (80) HOURS

OF PAID TIME OFF FOR CONFIDENTIAL AND MANAGEMENT
PERSONNEL.

4. Receive and File Cannabis Compliance Department Report.

5. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 21/22-06-01- 146125 through 146261 for the total amount of $3,222,278.73.
b. Approval of City of Adelanto EFT Warrant 21/22-06-01- 1560 through 1560 in the total amount of $1,135,883.36.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
15 City Council Minutes
Regular Meeting
December 8, 2021
5 O. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the Adelanto Public Utility Authority consent calendar as presented.

2. Approval of Sewer Department Report.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

P. CONSENT CALENDAR - SUCCESSOR AGENCY

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the Successor Agency consent calendar as presented.

1. Motion waiving the full reading of all ordinances and resolutions. Titles for ordinances and resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

2. Recognized Obligation Payment Schedule (“ROPS”) 21-22 For July 1, 2022 Through June 30, 2023.

SUCCESSOR AGENCY RESOLUTION NO. 21-04

A RESOLUTION OF THE BOARD FOR THE SUCCESSOR AGENCY TO THE

FORMER ADELANTO REDEVELOPMENT AGENCY APPROVING AND

ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2022 TO JUNE 30, 2023 (ROPS 22-23)
16 City Council Minutes
Regular Meeting
December 8, 2021
6 3. Administrative Budget for July 1, 2022 through June 30, 2023.

SUCCESSOR AGENCY RESOLUTION NO. 21-05

A RESOLUTION OF THE BOARD FOR THE SUCCESSOR AGENCY TO THE

FORMER ADELANTO REDEVELOPMENT AGENCY APPROVING AND
ADOPTING THE ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 2022 TO JUNE 30, 2023 (ROPS 22-23)
Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Q. PUBLIC HEARING

1. CONSIDERATION, APPROVAL AND ADOPTION OF AN ORDINANCE ADDING CHAPTER 8.70 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 OF THE CITY OF ADELANTO MUNICIPAL CODE. (CITY ATTORNEY) RECOMMENDATION:

1. Waive full reading, make any amendments to, and introduce Ordinance No. 621 by title: Ordinance No. 621 to Add CHAPTER 8.70 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) to Title 8 (Health & Sanitation) of the Adelanto Municipal Code.

2. Direct that the proposed ordinance be placed on the agenda for the January 12, 2022 City Council Meeting for adoption.

The City Attorney presented the staff report.

Mayor Reyes opened the public hearing at 7:42 p.m.

Mayor Reyes closed the public hearing at 7:42 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to Waive full reading, make any amendments to, and introduce Ordinance No. 621 by title: Ordinance No. 621 to Add CHAPTER 8.70 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) to 17 City Council Minutes
Regular Meeting
December 8, 2021
7 Title 8 (Health & Sanitation) of the Adelanto Municipal Code and direct that the proposed ordinance be placed on the agenda for the January 12, 2022 City Council Meeting for adoption.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

R. NEW BUSINESS

1. RECOMMEND AWARD OF CONTRACT FOR THE MARCONI PARK FOOTBALL FIELD AND SITE IMPROVEMENTS PROJECT. (BRIAN)
RECOMMENDATION: Staff recommends City Council approve an award of contract for the Marconi Park Football Field and Site Improvements Project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.

Contracted City Engineer Brian Wolfe presented the staff report.

Discussion ensued regarding budget and/or grant money by Council Member Evans. Angel stated that it has been budgeted and that mid year there are plans for the scoreboard and goal post removal. He stated there is a grant but it has not been finalized.

Council Member Jeannette and Mayor Reyes shared their excitement about the park being rehabilitated.

Mayor Reyes opened public comment at 7:49 p.m.

Mayor Reyes closed public comment at 7:50 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve an award of contract for the Marconi Park Football Field and Site Improvements Project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act. 18 City Council Minutes
Regular Meeting
December 8, 2021
8 Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

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

AGREEMENT WITH ANESE & ASSOCIATES LLC TO EXTEND THE

CONTRACT TERM ON A MONTH-TO-MONTH BASIS FOR PERIOD NOT TO EXCEED A TOTAL OF THREE MONTHS. (ANGEL)
RECOMMENDATION: It is recommended that the City Council approve Amendment No. 3 to the Professional Services Agreement with Anese & Associates LLC to extend section 3.1.2 Term on the attached approved contract on a month-to-month basis for a period not to exceed a total of three months. Contractor will continue with the current scope of work which consists of cannabis excise tax auditing, cannabis compliance case monitoring, serving as a liaison between local and State regulatory authorities and general cannabis community engagement.

Finance Director Castellanos presented the staff report.

Evans had questions regarding the budget for the year. Angel shared it is for the whole year and expires December 31, 2022.

Council Member Jeannette shared the same concerns as Council Member Evans and would like to see Mrs. Lewis stay on
City Manager Flores shared they were going out to bid to be transparent but if the Council wanted to keep her on that was an option.

Mayor Reyes shared it should be extended for the remaining fiscal year for that department. City Attorney Tran stated instead of a month to month it will be a contract that is extended until June 30, 2022.

Mayor Reyes opened public comment at 8:12 p.m.

Mayor Reyes closed public comment at 8:15 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve Amendment No. 3 to the Professional Services Agreement with Anese & Associates LLC to extend section 3.1.2 Term on the attached approved contract on a month-to-month basis for a 19 City Council Minutes
Regular Meeting
December 8, 2021
9 period not to exceed a total of three months. Contractor will continue with the current scope of work which consists of cannabis excise tax auditing, cannabis compliance case monitoring, serving as a liaison between local and State regulatory authorities and general cannabis community engagement.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

3. CONSIDERATION AND APPROVAL OF A LEASE AGREEMENT FOR THE

ADELANTO STADIUM & EVENT CENTER BY AND BETWEEN THE CITY OF ADELANTO AND STADIUM MANAGEMENT GROUP, LLC. (ANGEL)
RECOMMENDATION: Staff recommends that the City Council approve a Lease Agreement for the Adelanto Stadium Event Center by and between the City of Adelanto and Stadium Management Group, LLC and authorize the City Manager to execute a Lease Agreement in substantially similar form to Attachment A.

Finance Director Castellanos presented the staff report.

Council Member Evans brought up that there is no date on the contract and would like one for transparency.

Council Member Jeannette said Darrel has done a wonderful job.

Council Member Jones shared it all looks good.

Mayor Reyes opened public comment at 8:28 p.m.

Diana- stated it seems that according to the warrants the city is still paying for the stadium costs.

Tonya- stated the stadium has had its ups and downs over the years and it has not been used for family events.

Magda- asked about the billboard that was supposed to go in at the stadium.

Lee- shared his concerns that the citizens still have access. He spoke about the city vehicle being parked at an elected officials house and that it is a suburban and not the mercedes van.

Mayor Reyes closed public comment at 8:43 p.m.
20 City Council Minutes
Regular Meeting
December 8, 2021
10 Council Member Evans shared that the stadium has their own event page. She stated there are more than just cannabis events happening there.

Darrell- shared they have had 45 events since May 2021 and of those 4 have been cannabis events.

He shared that they have a lot of events planned from now until December 2022. He gave his condolences to the family of Ammie Hines.

Council Member Jeannette shared that there are some days the stadium has 3 events going on at the same time.

Council Member Jones stated he echoes everything that Council Member Evans said. Darrel has done an amazing job putting on events. He said if someone wants to sponsor an event to put your money where your mouth is and contact Darrel.

Mayor Pro Tem Ramos agreed with the rest of the council. He commented on the cleanliness of the stadium and shared that he thinks it just keeps getting better.

Mayor Reyes gave kudos to Darrel for his efforts for working hard to bring things to the stadium.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve a Lease Agreement for the Adelanto Stadium Event Center by and between the City of Adelanto and Stadium Management Group, LLC and authorize the City Manager to execute a Lease Agreement in substantially similar form to Attachment A.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

4. DISCUSSION ITEM - MAKE PROGRESS AS AN INCLUSIVE AND EQUITABLE

ORGANIZATION AND SEEK TO IDENTIFY OPPORTUNITIES TO COMBAT

RACISM AND FOSTER DIVERSITY IN CITY LEADERSHIP, STAFFING AND CONTRACTING. (COUNCIL MEMBER EVANS)
Council Member Evans presented the staff report.

Council agreed it was a great presentation.

Mayor Reyes opened public comment at 9:22 p.m.

Magda- praised Evans for her outstanding work.
21 City Council Minutes
Regular Meeting
December 8, 2021
11 Tricia Morgan- said she appreciates Evans' leadership. Alena did a phenomenal job putting it together.

Miguel- wanted to highlight the importance of leadership that Evans has taken to combat racism.

Lee- thanked everyone for their work on it.

Mayor Reyes closed public comment at 9:32 p.m.

City Attorney Tran stated as a starting point a motion can be made to receive and file the presentation item and the next step would be to provide staff direction to research specific issues.

MOTION: Moved by Council Member Evans, seconded by Mayor Reyes to receive and file the presentation item and prepare staff direction on researching specific issues.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

S.ITEMS REMOVED FROM THE CONSENT CALENDAR

RESOLUTION NO. 21-71

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, 2021, AND AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE CITY COUNCIL, CITY

BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM DECEMBER 8, 2021 THROUGH JANUARY 7, 2022 PURSUANT TO BROWN ACT PROVISIONS.

Council Member Evans asked that they modify the meeting to have an option for a hybrid 22 City Council Minutes
Regular Meeting
December 8, 2021
12 model for Council meetings.

MOTION: Moved by Council Member Evans, seconded by Mayor Reyes to approve item #2 as presented from the consent calendar.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

3. Approve Resolution No. 21-70 authorizing the payout of up to an additional 80 hours of paid time off for Confidential and Management Personnel.

RESOLUTION NO. 21-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE PAYOUT OF AN ADDITIONAL EIGHTY (80) HOURS

OF PAID TIME OFF FOR CONFIDENTIAL AND MANAGEMENT
PERSONNEL.

Council Member Evans asked who the confidential / management staff is and if the union staff get this as well. She shared that it is an issue that staff cannot take vacation over 2 years.

Council Member Jeannette asked if it would be cheaper to hire someone to do the work then to have employees that are overworked.

Council Member Jones shared he understands but as an employer they have to do better.

Mayor stated that Brenda wears 4 to 5 hats, Virginia wears 3 to 4 hats, the City Manager wears 5 to 6 hats. He spoke on behalf of the council and shared his appreciation.

MOTION: Moved by Council Member Evans, seconded by Mayor Reyes to approve item #3, as presented from the consent calendar.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
23 City Council Minutes
Regular Meeting
December 8, 2021
13 Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

T. FUTURE AGENDA ITEMS
Council Member Evans asked for an action item for hybrid meetings. She asked for discussion on direction for staff to implement a system for accountability of city vehicles and gas cards. She requested discussion on per diem for council. She also wanted to see her nomination for the Planning Commissioner seat on the next agenda.

Council Member Jeannette asked for consideration of the council to allow the senior club continue using the senior center through 2/8/22 when their business license expires.

Mayor Reyes requested scheduling of workshops for council and planning.

U. PUBLIC COMMUNICATIONS
V. ADJOURNMENT
The next Regular Meeting of the City Council will be held on January 12, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 11:14 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to adjourn the meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
24 City Council Minutes
Regular Meeting
December 8, 2021
14 _________________________
Brenda Lopez, City Clerk
25 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL, ADELANTO FINANCE AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
January 12, 2022
A. CALL TO ORDER – REGULAR MEETING
The Adelanto City Council held the Regular Meeting on Wednesday, January 12, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular session.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

Meeting was closed due to a large structure fire near City Hall per the City Attorney. Meeting will take place January 18, 2022.

B. CLOSED SESSION REPORT
C. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
E. PRESENTATIONS
F. PUBLIC COMMUNICATIONS
G. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except 26 City Council Minutes
Regular Meeting
January 12, 2022
2 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. Approve and file TNR procedures and implement the use of the Stray Cat Form for handling Cats in accordance with the TNR Procedures.

3. Approval of 2nd reading of Ordinance 621 entitled:

ORDINANCE NO. 621

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, CALIFORNIA, TO ADD CHAPTER 8.70 (MANDATORY
ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 8 OF THE
CITY OF ADELANTO MUNICIPAL CODE.

H. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

2. Receive and File the Water Department Report.

3. Receive and File Sewer Department Report.

I. PUBLIC HEARING

1. GENERAL PLAN AMENDMENT NO. 21-01 (GPA 21-01), ZONE
CHANGE NO. 21-01 (ZC 21-01), LOCATION & DEVELOPMENT
PLAN NO. 21-19 (LDP 21-19), TENTATIVE PARCEL MAP NO. 20436 (TPM 20436) – F & J Enterprises, LLC., Proposal for a General Plan Amendment and Zone Change to change the General Plan and Zoning Designation from Commercial
(C) to Mixed Use (MU) in order to accommodate the uses proposed, and a Location & Development Plan to construct 200, two-story apartment units, onsite amenities and a 9,000SF neighborhood retail center and a Tentative Parcel Map to combine two parcels and dedicate right-of-way on a 13-acre site located at northwest corner of Palmdale Road (Hwy 18) and Verbena Road in the City of Adelanto, California (APN’s: 3103-411-06 & 3103-411-07). (DAVE) 27 City Council Minutes
Regular Meeting
January 12, 2022
3 RECOMMENDATION:
•Approve Council Resolution 22-01, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the F&J Enterprises, LLC, Project pursuant to the California Environmental Quality Act (CEQA); •Approve Resolution 22-02, to adopt the findings and approve General Plan Amendment No. 21-01 to change the General Plan Map Land Use Designation on the property from Commercial to Mixed Use (First Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No. LDP 21-19 for the site layout; adopt findings and approve Tentative Parcel Map 20436 to combine two parcels and dedicate right-of- way;
•Introduce First Reading of Ordinance 622 to adopt findings and approve Zone Change No. 21-01 to change the property Zoning Designation from Commercial to Mixed Use.
•Schedule the second reading and adoption of the Ordinance 622 for the next regular council meeting.

J. NEW BUSINESS

1. 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). (CITY ATTORNEY)
RECOMMENDATION: It is staff's recommendation that the City Council adopt and approve the attached resolution, permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of Government Code Section 54953(e), which will require reauthorization every (thirty) 30 days.

2. ORAL REPORT - SELECTION OF THE MAYOR PRO TEM. (JESSIE) RECOMMENDATION: Staff recommends per the City Charter Article VI, Section 601 (C) 2, By the affirmative vote of not less than three (3) members, the City Council shall choose one of its members as Mayor Pro Tempore. 28 City Council Minutes
Regular Meeting
January 12, 2022
4 3. RESOLUTION NO. 22-04: NOMINATION AND APPOINTMENT BY COUNCILOR EVANS TO THE PLANNING COMMISSION.
(COUNCIL MEMBER EVANS)
RECOMMENDATION: Approval of Councilor Evan’s
appointment to the Planning Commission.

RESOLUTION NO. 22-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO,

CALIFORNIA, PROVIDING FOR AN APPOINTMENT TO
THE PLANNING COMMISSION.

4. PARCEL MAP 20097 FINAL ACCEPTANCE. (BRAIN)
RECOMMENDATION: Staff recommends City Council receive and accept Parcel Map 20097 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20097 on behalf of City Council.

5. PARCEL MAP 20362 FINAL ACCEPTANCE. (BRIAN)
RECOMMENDATION: Staff recommends City Council receive and accept Parcel Map 20362 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20362 on behalf of City Council.

6. APPROVE AMENDMENT NO. 4 TO PACIFIC CODE COMPLIANCE
LLC’S (PCC) PROFESSIONAL SERVICES CONTRACT TO EXTEND
THE TERM OF THE AGREEMENT AND SET “NOT TO EXCEED”
AMOUNT OF COMPENSATION TO BE PAID. (ANGEL)
RECOMMENDATION: Staff recommends City Council approve an amendment to Pacific Code Compliance, LLC’s professional services contract to extend the term of the agreement and modify the amount of compensation paid.

7. APPROVE AMENDMENT NO. 2 TO TKE ENGINEERING, INC.’S
(TKE) PROFESSIONAL ENGINEERING SERVICES CONTRACT TO

EXTEND THE TERM OF THE AGREEMENT AND MODIFY THE NOT

TO EXCEED AMOUNT TO BE PAID (ANGEL)
RECOMMENDATION: Staff recommends City Council approve an amendment No. 2 to TKE’s professional engineering contract to extend the term of the agreement and modify the 29 City Council Minutes
Regular Meeting
January 12, 2022
5 amount of compensation paid.

8. CONSIDERATION OF APPROVAL OF A LICENSE AGREEMENT

BETWEEN THE CITY OF ADELANTO AND KICKS KAFE SENIOR
KLUB AND CURBSIDE TO USE THE SENIOR CENTER.

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

9. ORAL REPORT: COUNCIL MEMBER REPRESENTATION ON
VARIOUS BOARDS, COMMITTEES, AND COMMISSIONS FOR 2022.
(BRENDA)
RECOMMENDATION: Staff recommends that the City Council designate a delegate and alternate to the committees.

K. ITEMS REMOVED FROM THE CONSENT CALENDAR
L. FUTURE AGENDA ITEMS
M. PUBLIC COMMUNICATIONS
N. ADJOURNMENT
The next Regular Meeting of the City Council will be held on January 26, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting due to a large structure fire near City Hall per the City Attorney. The meeting will take place on January 18, 2022. _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
30 1

MINUTES OF THE

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
January 18, 2022
A. CALL TO ORDER – SPECIAL MEETING
The Adelanto City Council held the Special Meeting on Tuesday, January 18, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 10:12 a.m.

Council Members present: Evans, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

Absent: Council Member Jeannette noted as absent.

Invocation: Council Member Jones
Flag Salute: Mayor Pro Tem Ramos
B. CLOSED SESSION REPORT
None.

C. CITY COUNCIL ANNOUNCEMENTS AND REPORS
None.

D. CITY MANAGER ANNOUNCEMENTS AND REPORT
None.

E. PRESENTATIONS
City Manager Flores provided updates on various projects throughout the City.

F. PUBLIC COMMENTS
31 City Council Minutes
Special Meeting
January 18, 2022
2 None.

G. NEW BUSINESS

1. 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). (CITY ATTORNEY) RECOMMENDATION: It is staff's recommendation that the City Council adopt and approve the attached resolution, permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of Government Code Section 54953(e), which will require reauthorization every (thirty) 30 days.

City Attorney Marc Tran presented the staff report.

Further discussion ensued.

Mayor Reyes opened public comment at 10:22 a.m.

Mayor Reyes closed public comment at 10:22 a.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to adopt and approve the attached resolution, permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of Government Code Section 54953(e), which will require reauthorization every (thirty) 30 days.

Roll Call Vote:

Evans: No
Jeannette: Absent
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 3-1-1 (Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no, and Jeannette noted as absent).

H. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

I. FUTURE AGENDA ITEMS
32 City Council Minutes
Special Meeting
January 18, 2022
3 None.

J. PUBLIC COMMENTS
None.

K. ADJOURNMENT
The next Regular Meeting of the City Council will be held on January 18, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 10:24 a.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to adjourn the meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Absent
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Evans, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Jeannette noted as absent).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
33 1

MINUTES OF THE

REGULAR ADJOURNED MEETING

OF THE ADELANTO CITY COUNCIL, ADELANTO FINANCE AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
January 18, 2022
A. CALL TO ORDER – REGULAR MEETING
The Adelanto City Council held the Regular Adjourned Meeting on Wednesday, January 18, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 7:02 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Council Member Jones
Flag Salute: Council Member Ramos
B. CLOSED SESSION REPORT
None.

C. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans thanked those organizations that put on Martin Luther King Jr. events.

Council Member Jeannette spoke about Kicks Cafe events. She thanked all those that were involved.

Council Member Jones thanked Jeannette for all of her work and invite to the event.

Mayor Reyes thanked first responders for responding to the business fire quickly and minimizing the damage. He thanked Council Member Jeannette for bringing services from VVTA to the residents.

D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores also thanked first responders and city employees for their quick response regarding the business fire. He provided updates on the staff working in person and remotely. He spoke about the unsafe abandoned structure at Mojave and Bellflower being taken care of and thanked code enforcement for their work. He provided an update on Marconi Park and stated it is scheduled for completion in May.
34 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
2 E. PRESENTATIONS
F. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:15 p.m.

Diana Esmeralda spoke about a special meeting for January 18th and that’s the number that citizens are calling and they are not getting into this meeting. She said Council Member Jeannette’s comments are electioneering. She spoke about the City Manager needing to be fired.

Andrea- read a letter from the democratic party relating to Ms. Brown and what the outcome was regarding the investigation.

Lee- requested the council apologize to the residents for the City Manager calling out residents at the last meeting. He said it’s unprofessional that there were multiple numbers for the meetings tonight.

Tonya Edwards- asked that they give it a few minutes for residents to get on to the correct meeting.

Waggener- shared he knows the council is busy and is doing a good job. He said he didn’t have a problem finding the correct meeting.

Mayor Reyes closed public comment at 7:31 p.m.

G. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented with item #2 removed by Evans for discussion.

2. Approve and file TNR procedures and implement the use of the Stray Cat Form for handling Cats in accordance with the TNR Procedures.

3. Approval of 2nd reading of Ordinance 621 entitled:
35 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
3 ORDINANCE NO. 621

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF ADELANTO,
CALIFORNIA, TO ADD CHAPTER 8.70
(MANDATORY ORGANIC WASTE
DISPOSAL REDUCTION) TO TITLE 8 OF

THE CITY OF ADELANTO MUNICIPAL
CODE.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

H. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the consent calendar as presented.

2. Receive and File the Water Department Report.

3. Receive and File Sewer Department Report.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). 36 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
4 I. CONTINUED PUBLIC HEARING

1. GENERAL PLAN AMENDMENT NO. 21-01 (GPA 21-01), ZONE
CHANGE NO. 21-01 (ZC 21-01), LOCATION & DEVELOPMENT
PLAN NO. 21-19 (LDP 21-19), TENTATIVE PARCEL MAP NO. 20436 (TPM 20436) – F & J Enterprises, LLC., Proposal for a General Plan Amendment and Zone Change to change the General Plan and Zoning Designation from Commercial
(C) to Mixed Use (MU) in order to accommodate the uses proposed, and a Location & Development Plan to construct 200, two-story apartment units, onsite amenities and a 9,000SF neighborhood retail center and a Tentative Parcel Map to combine two parcels and dedicate right-of-way on a 13-acre site located at northwest corner of Palmdale Road (Hwy 18) and Verbena Road in the City of Adelanto, California (APN’s: 3103-411-06 & 3103-411-07). (DAVE) RECOMMENDATION:
•Approve Council Resolution 22-01, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the F&J Enterprises, LLC, Project pursuant to the California Environmental Quality Act (CEQA); •Approve Resolution 22-02, to adopt the findings and approve General Plan Amendment No. 21-01 to change the General Plan Map Land Use Designation on the property from Commercial to Mixed Use (First Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No. LDP 21-19 for the site layout; adopt findings and approve Tentative Parcel Map 20436 to combine two parcels and dedicate right-of- way;
•Introduce First Reading of Ordinance 622 to adopt findings and approve Zone Change No. 21-01 to change the property Zoning Designation from Commercial to Mixed Use.
•Schedule the second reading and adoption of the Ordinance 622 for the next regular council meeting.

Contracted Planner Blais presented the staff report.

Council Member Evans asked about residents being notified. Mary explained that mailings were mailed out to those that were within 300 feet of the location.

Evans had further questions regarding the process of the mailing as two residents 37 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
5 have said they didn’t receive them.

Council Member Jeannette had questions regarding the size of the dog park and parking spaces. Andrew provided an explanation.

Further discussion ensued regarding the project.

Mayor Reyes opened public comment at 8:05 p.m.

Chris Waggener- said this is a good location for this type of project.

Diana Esmeralda- stated that the item should be tabled and that many of the residents can’t get on the call and are texting her directly. She stated this project has lied to the residents.
310-59- shared that these are the type of people we need to have in the community because they are doing everything they can to give residents what they want.

Tonya Edwards- shared that she has been told they would have stores in this area not apartments. She shared that the concerns of the council are not what they should be concerned with. She said residents have questions and concerns and it's not fair.

Magda- shared her concerns with traffic issues because of this. She said she was concerned about the dog park also. She stated that there is so much being put into this property.

Miguel- shared the same concerns as the previous callers and suggested the item be tabled.
303-80- Lopez shared the same concerns as previous callers. 760-78- A resident of Adelanto shared that there are people who are against it.

She shared her concerns regarding traffic.

Mayor Reyes closed public comment at 8:24 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to Approve Council Resolution 22-01, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the F&J Enterprises, LLC, Project pursuant to the California Environmental Quality Act (CEQA); approve Resolution 22-02, to adopt the findings and approve General Plan Amendment No. 21-01 to change the General Plan Map Land Use Designation on the property from Commercial to Mixed Use (First Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No. LDP 21- 19 for the site layout; adopt findings and approve Tentative Parcel Map 20436 to combine two 38 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
6 parcels and dedicate right-of- way; introduce First Reading of Ordinance 622 to adopt findings and approve Zone Change No. 21-01 to change the property Zoning Designation from Commercial to Mixed Use. schedule the second reading and adoption of the Ordinance 622 for the February 9th, 2022 meeting and would send out an additional mailer to notify residents.

Roll Call Vote:

Evans: No
Jeannette: Abstained
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 3-1-1 (Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no, Jeannette abstained).

J. NEW BUSINESS
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to move item #8 to item #1.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

8. CONSIDERATION OF APPROVAL OF A LICENSE AGREEMENT

BETWEEN THE CITY OF ADELANTO AND KICKS KAFE SENIOR
KLUB AND CURBSIDE TO USE THE SENIOR CENTER.

Finance Director Castellanos presented the staff report. 39 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
7 Jeannette shared she thinks it would be beneficial if the non-profits could come together and work together.

MOTION: Moved by Council Member Jones, seconded by Mayor Reyes to table the item for a future meeting to allow time for the non-profits to come together and work together.

Roll Call Vote:

Evans: No
Jeannette: Abstained
Jones: Yes
Ramos: No
Reyes: Yes
Motion fails 2-2-1 (Jones and Mayor Reyes voting yes, Evans and Mayor Pro Tem Ramos voting no and Jeannette abstaining).

Mayor Reyes opened public comments at 9:25 p.m.

Council Member Jeannette shared they are looking into having a food program at the location. She shared that all of the non-profits have to come together to work on scheduling, splitting cost of utilities, cleaning, etc.

Diana Esmeralda- shared her concerns with Jeannete because she feels that she is unprepared. She shared that she feels it's a conflict of interest.
310-59- shared that Jeannette should not be over this project because she is part of the council. He shared that it's a conflict of interest also.

Tonya Edwards- said she appreciates Jeannette and gave background on the senior center.

Esther- with Curbside thanked the council for their support. She shared that Curbside works hand in hand with Jeannette.

Andrea- shared her concerns regarding the item.

Magda- stated that the senior center needs to be up and running. 760-67- shared he is the president of the real senior citizen club. He shared that they oppose this license.

Mayor Reyes closed public comment at 9:51 p.m.

Further discussion ensued regarding the item.

No motion for the original request so the item dies.
40 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
8 1. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION

REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF

City Attorney Marc Tran stated this item can be removed from the agenda as it was handled in a special meeting this morning.

City Manager Flores presented the staff report.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to elect Ramos as Mayor Pro Tem.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

3. RESOLUTION NO. 22-04: NOMINATION AND APPOINTMENT BY
COUNCILOR EVANS TO THE PLANNING COMMISSION. (COUNCIL

MEMBER EVANS)
RECOMMENDATION: Approval of Councilor Evan’s
appointment to the Planning Commission.

RESOLUTION NO. 22-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
41 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
9 ADELANTO, COUNTY OF SAN BERNARDINO,

CALIFORNIA, PROVIDING FOR AN APPOINTMENT TO
THE PLANNING COMMISSION.

Council Member Evans presented the staff report nominating Miguel Soto Jr. as her Planning Commission nominee.

Miguel Soto was available for questions.

Further discussion ensued.

Mayor Reyes opened public comment at 10:44 p.m.

Chris Waggener said the Planning Commission will take whatever nominee under their wing. He is concerned that it was kept a secret on who was being nominated. 760-91 had 4 callers on the line and each had 3 mins.
● John Soto spoke in favor of Miguel Soto.
● Mrs. Ramirez spoke in favor of Miguel Soto.
● Irene Soto spoke in favor of Miguel Soto.
● Brandon Soto spoke in favor of Miguel Soto.

Diana Esmeralda- shared her experiences with Miguel Soto and how great he does with teamwork and working for his community.
630-34- Andrea shared her concerns regarding the process and how she feels it is a disservice to the residents.

Magda- spoke in favor of Miguel Soto.
951-31- Miguel Soto, Miguel's father, spoke in favor of the nomination.

Alexis- Lopez spoke in favor of Miguel Soto.

Mayor Reyes closed public comment at 11:01 p.m.

Further discussion ensued.

Mayor Reyes asked Evans why the nominee was not disclosed to the City Clerk. Council Member Evans refused to answer the question.

Mayor Reyes spoke on behalf of a resident who texted him her info because she couldn’t get on the line. The resident had concerns with Evans' statement that she “didn’t really know Miguel Soto as a person”. She said she doesn’t understand why he is being nominated while he has a current recall on the Mayor.
42 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
10 Further discussion ensued.

Mayor Reyes opened public comment for Miguel Soto Jr. at 11:45 p.m.

Miguel Soto Jr. thanked everyone for their support.

Mayor Reyes closed public comment at 11:47 p.m.

Contracted Engineer Wolfe presented the staff report.

Mayor Reyes opened public comment at 11:52 p.m.

Diana Esmeralda- spoke about not finding the public notice.

Mayor Reyes closed public comment at 11:55 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette receive and accept Parcel Map 20097 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20097 on behalf of City Council.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Contracted Engineer Wolfe presented the staff report.
43 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
11 Mayor Reyes opened public comment at 12:00 a.m.

Mayor Reyes closed public comment at 12:00 a.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones receive and accept Parcel Map 20362 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20362 on behalf of City Council.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Finance Director Castellanos presented the staff report.

Mayor Reyes opened public comment at 12:09 a.m.

Diana Esmeralda- spoke about the history with Pacific Code Compliance.

Mayor Reyes closed public comment at 12:13 a.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette approve an amendment to Pacific Code Compliance, LLC’s professional services contract to extend the term of the agreement and modify the amount of compensation paid.

Roll Call Vote:
44 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
12 Evans: No
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no).

7. APPROVE AMENDMENT NO. 2 TO TKE ENGINEERING, INC.’S (TKE)

PROFESSIONAL ENGINEERING SERVICES CONTRACT TO EXTEND

THE TERM OF THE AGREEMENT AND MODIFY THE NOT TO

EXCEED AMOUNT TO BE PAID (ANGEL)
RECOMMENDATION: Staff recommends City Council approve an amendment No. 2 to TKE’s professional engineering contract to extend the term of the agreement and modify the amount of compensation paid.

Finance Director Castellanos presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 12:28 a.m.

Lee- asked for clarification why the city sets a budget if they always modify it.

Diana Esmeralda- agreed with the previous caller.

Mayor Reyes closed public comment at 12:36 a.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans Approve an amendment No. 2 to TKE’s professional engineering contract to extend the term of the agreement and modify the amount of compensation paid.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). 45 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
13 9. ORAL REPORT: COUNCIL MEMBER REPRESENTATION ON
VARIOUS BOARDS, COMMITTEES, AND COMMISSIONS FOR 2022.
(BRENDA)
RECOMMENDATION: Staff recommends that the City Council designate a delegate and alternate to the committees.

Executive Secretary Cervantes presented the staff report.

Council agrees all representation will stay the same.

Mayor Reyes opened public comment at 12:39 a.m.

Mayor Reyes closed public comment at 12:39 a.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve all delegates and alternates to the committees.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

K. ITEMS REMOVED FROM THE CONSENT CALENDAR

2. Approve and file TNR procedures and implement the use of the Stray Cat Form for handling Cats in accordance with the TNR Procedures.

Council Member Evans asked for clarification on the item. Finance Director Castellanos provided clarification.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve and file TNR procedures and implement the use of the Stray Cat Form for handling Cats in accordance with the TNR Procedures.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
46 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
14 Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

L. FUTURE AGENDA ITEMS
Mayor Pro Tem Ramos requested on a future agenda how to help provide funds to the graduating seniors via the cannabis monies received for discussion.

Council Member Evans requested the zoning ordinance to expand the 300 ft to a 3 mile radius being informed of zoning changes for discussion and action. She also wanted to agendize an item that solidifies the process for planning commission nominations. City Attorney Marc Tran shared that the noticing is via state law and is willing to bring back information regarding the item for discussion.

M. PUBLIC COMMUNICATIONS
None.

N. ADJOURNMENT
The next Regular Meeting of the City Council will be held on January 26, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 12:47 a..m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to adjourn the meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
47 City Council Minutes
Regular Adjourned Meeting
January 18, 2022
15 _________________________
Brenda Lopez, City Clerk
48 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
January 26, 2022
A. CALL TO ORDER – CLOSED SESSION MEETING
The Adelanto City Council held the Regular Meeting on Wednesday, January 26, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 6:10 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

B. ADDITIONS / DELETIONS TO THE AGENDA
None.

C. APPROVAL OF THE AGENDA
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: 12000 Stadium Way, Adelanto, CA 92301
49 City Council Minutes
Regular Meeting
January 26, 2022
2 City Negotiators: City Manager and City Attorney
Under Negotiation: Lease Price and Terms
Attorney Marc Tran announced closed session items.

E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
Mayor Reyes opened public communications at 6:12 p.m.

Diana Esmeralda shared that it was alarming that the APN’s don’t match. She shared that it is supposed to be a community building under Parks and Recreation, and they have not seen a lease.

Mayor Reyes closed public communications at 6:16 p.m.

F. CONVENE INTO CLOSED SESSION
Mayor convened into closed session at 6:17 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to convene into closed session.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

G. RECONVENE FROM CLOSED SESSION
Mayor Reyes reconvened the regular meeting at 7:46 p.m.

H. CALL TO ORDER - REGULAR MEETING
Mayor Reyes called the regular meeting to order at 7:48 p.m.

Council Members present: Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes. 50 City Council Minutes
Regular Meeting
January 26, 2022
3 Absent: Council Member Evans
Invocation: Council Member Jones
Flag Salute: Mayor Pro Tem Ramos
I. CLOSED SESSION REPORT
City Attorney Marc Tran stated there was no reportable action taken on closed session items.

J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Jeannette shared meetings that she attended. She shared that the VVTA has ordered 10 new buses with the new hydrogen system.

Mayor Reyes shared an update regarding the JPA high speed rail project meeting. He shared that the council voted to remove the ordinance that was from the 1980’s that blocked the development off of HWY 395 to accommodate this project.

K. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
City Manager Flores shared an update regarding removal of two unsafe structures on Bartlett and one on Jonathan. He shared that the city sidewalk program was going to resume.

L. PRESENTATIONS

1. Presentation by City Manager Flores regarding the Partial reopening of City Hall.

City Manager Flores is the Director of Emergency Services and he continues to recommend that the city continues to be closed.

2. Presentation by Dan Best, Perc Water regarding Annual Water Department Report.

M. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 8:13 p.m.

Diana Esmeralda- shared her concern as to why the meeting started so late. She spoke about outer highways in other cities and how this could help with the problem on HWY 395.

Magda congratulated Council Woman Jeannette on becoming the Chair for VVTA. She spoke 51 City Council Minutes
Regular Meeting
January 26, 2022
4 about whether or not the city has ever done Black History Month.

Alberto- spoke about the apartments that are being built too close to his home.

Resident- spoke about open positions in the city and the current filling of those positions that have taken place. She had numerous questions regarding the code enforcement and animal control new hires.

Mayor Reyes closed public comment at 8:26 p.m.

N. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented.

2. Approval of Sewer Department Report.

3. Approval of Water Department Report.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

O. NEW BUSINESS

1. DECLARATION OF SURPLUS PROPERTY PURSUANT TO AB 1486 – 12000 STADIUM WAY, ADELANTO, CALIFORNIA 92301 (APNS 3128-221-18; 3128-221- 19; 3128-221-21; AND 3128-221-22). (CITY ATTORNEY)
RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution and declare the property located at 12000 Stadium Way, Adelanto, 52 City Council Minutes
Regular Meeting
January 26, 2022
5 California 92301 (APNs 3128-221-18; 3128-221-19; 3128-221-21; and 3128-221-22) is surplus land and is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act as amended by AB 1486.

RESOLUTION NO. 22-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY
LOCATED AT 12000 STADIUM WAY (APNs 3128-221-18;
3128-221-19; 3128-221-21; AND 3128-221-22) IS SURPLUS

LAND AND IS NO LONGER NECESSARY FOR THE
CITY’S USE AND DIRECTING THE CITY MANAGER TO

FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS
LAND
City Attorney Marc Tran presented the staff report. He stated that the correct APN is 3128-221- 223 and that it was incorrect on the staff report. He stated there is no code amendment tonight.

Council Member Evans spoke about how the process is done. She asked if the council gets to decide on how or what requirements are put in place for the developer.

City Manager Flores shared that we inherited a city that was in a deficit of 5.5 million dollars and was behind on audits 6 years. He shared they have balanced the budget and brough the audits current. He stated that we do not have to get the stadium operational.

Mayor Reyes opened public comment at 8:37 p.m.

Lee- shared that the council is making it a formality to make it look like the city is meeting the requirements. He doesn’t think that they are going to make it affordable housing.

Diana- said for so many reasons this is the wrong thing to do. She said the residents require the council to vote NO on Resolution 22-04. She shared that the residents have no faith in the City manager, City Council or the Mayor in particular.

Magda- asked why they want to put apartments where we want to put stores, malls, or other businesses.

Alberto- shared he is against Resolution 22-04. He spoke about not wanting the stadium to go away. He shared his concern about there being nothing for the kids in the city to do or families.

Mayor Reyes closed public comment at 8:48 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to adopt the attached Resolution and declare the property located at 12000 Stadium Way, Adelanto, California 92301 (APNs 3128-221-18; 3128-221-19; 3128-221-21; and 3128-221-22) is surplus land and is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth 53 City Council Minutes
Regular Meeting
January 26, 2022
6 in the Surplus Land Act as amended by AB 1486.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

P. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

Q. FUTURE AGENDA ITEMS
Council Member Evans and Jeannette asked for their previous requests to be handled.

Mayor Reyes requested an update on the beautification policy with information from Code Enforcement.

R. PUBLIC COMMUNICATIONS
None.

S. ADJOURNMENT
The next Regular Meeting of the City Council will be held on February 9, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 9:22 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to adjourn the meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
54 City Council Minutes
Regular Meeting
January 26, 2022
7 Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
55 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
February 9, 2022
A. CALL TO ORDER – REGULAR MEETING
The Adelanto City Council held the Regular Meeting on Wednesday, February 9, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 7:06 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes.

Invocation: Council Member Jones
Flag Salute: Council Member Ramos
B. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Jeannette requested the code enforcement report be added to the next agenda due to the technical issues. She announced that on February 18th there will be a tour for the possible future apartment complex that will be built in the city; the tour will take place at a complex in Hesperia.

Mayor Reyes spoke about solar within the city and a possible future presentation.

C. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores spoke about the meetings he attended. He spoke about home construction growth that coincides with the new jobs that are available within the city. He spoke about city maintenance that is taking place throughout the City. He spoke about a new storm water catch basin within the city. He provided an update on Marconi Park.

D. PRESENTATIONS
None.

E. PUBLIC COMMUNICATIONS
56 City Council Minutes
Regular Meeting
February 9, 2022
2 Mayor Reyes opened public communications at 7:18 p.m.

Lee- spoke about black history month and the need to get approval for the Racism is a Public Health Crisis.

Diana Esmeralda- spoke about the apartments having services that the other residents within the city won’t have access to. She spoke about the need for more than one grocery store and other items within the city to accommodate this apartment complex. She shared some other concerns she has with the council members.

Mayor Reyes closed public communications at 7:24 p.m.

F. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the consent calendar as presented.

2. Receive and File Burrtec 4th Quarter 2021- Commercial and Residential Report.

3. Receive and File Burrtec Monthly Commercial and Residential Report- December 2021.

4. Consideration and approval of a 30-day resolution regarding the conduct of teleconferenced meetings of the City Council and other City Bodies under the modified rules set forth under Government Code Section 54953(e) and other applicable provisions AB 361.

RESOLUTION NO. 22-06

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL

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

AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY

COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM FEBRUARY 9, 2022 THROUGH
MARCH 11, 2022 PURSUANT TO BROWN ACT PROVISIONS

5. Receive and File Sexual Harassment and Discrimination Prevention Administrative Policy and Procedures.
57 City Council Minutes
Regular Meeting
February 9, 2022
3 RESOLUTION NO. 22-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, CALIFORNIA ESTABLISHING
ADMINISTRATIVE POLICY #401, SEXUAL HARASSMENT

AND DISCRIMINATION PREVENTION POLICY AND

COMPLAINT PROCEDURES

6. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 21/22-06-01- 146262 through 146483 in the total amount of $4,035,424.14.
b. Approval of City of Adelanto EFT, 21/22-06-01-1561 through 1563 in the total amount of $8,686.81.

Roll Call Vote:

Evans: Yes except item #4 is a no.

Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no on item #4).

G. PUBLIC HEARING

1. CONSIDERATION OF A RESOLUTION APPROVING THE CITY’S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2022-23 (ANGEL & DERIK)
RECOMMENDATION:

It is recommended that the City Council: (1) open the public hearing and take public testimony; and (2) adopt Resolution No. 22-05 authorizing the City’s CDBG Program for Fiscal Year 2022-23.

RESOLUTION NO. 22-05

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE
58 City Council Minutes
Regular Meeting
February 9, 2022
4 CITY’S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR
FISCAL YEAR 2022-23
Finance Director Castellanos presented the staff report.

Mayor Reyes opened public comment at 7:34 p.m.

Diana Esmeralda- shared she would like to see residents involved more with the decision of where the money should be going.

Mayor Reyes closed public comment at 7:37 p.m.

Council Member Evans shared that the council has previously asked for citizens to apply for committees and citizens didn’t apply to fill those committees. She wanted to make sure that everyone knows that there has been effort from the council.

Council Member Jeannette spoke about Adelanto Rd taking precedence over other streets that are used more often. Angel provided an explanation.

Further discussion ensued regarding the project that included who can apply, where the money is going, and additional information.

MOTION: Moved by Council Member Evans, seconded by none to table until the next meeting.

Motion fails with no second.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to adopt Resolution No. 22-05 authorizing the City’s CDBG Program for Fiscal Year 2022-23.

Roll Call Vote:

Evans: No
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no).

H. ADELANTO PUBLIC UTILITY AUTHORITY - NEW BUSINESS

1. RECOMMEND AWARD OF CONTRACT FOR WASTEWATER TREATMENT PLANT FACILITIES PLAN. (ANGEL)
RECOMMENDATION: Staff recommends City Council award the Wastewater Treatment Plant Facilities Plan contract to Stantec Consulting Services Inc. in the amount of $97,195 and 59 City Council Minutes
Regular Meeting
February 9, 2022
5 determine the project is categorically exempt from environmental review per Section 15301 of state guidelines implementing the California Environmental Quality Act.

Finance Director Castellanos presented the staff report.

A representative from Stantec presented a PowerPoint presentation.

Discussion ensued regarding rating the plant and the project.

Dave-from PERC Water shared his thoughts on the process.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to award the Wastewater Treatment Plant Facilities Plan contract to Stantec Consulting Services Inc. in the amount of $97,195 and determine the project is categorically exempt from environmental review per Section 15301 of state guidelines implementing the California Environmental Quality Act.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

I. NEW BUSINESS

1. CONSIDERATION OF AMENDMENT NO.1 TO THE PROFESSIONAL CONSULTANT

SERVICES AGREEMENT WITH IDEATE CALIFORNIA TO EXPAND THE SCOPE OF SERVICES, EXTEND THE CONTRACT TERM SIX MONTHS (JULY 16, 2022), INCREASE COMPENSATION AND LIMIT REIMBURSEMENT FOR EXPENSES. (JESSIE)
RECOMMENDATION: It is recommended that the City Council approve Amendment No. 1 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 Forty-Five Thousand Dollars ($45,000). Consultant will expand 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.

Finance Director Castellanos presented the staff report. 60 City Council Minutes
Regular Meeting
February 9, 2022
6 Discussion ensued regarding the item.

Mayor Reyes shared that staff meets with Edison once a month to ensure there is communication and projects are being given the power needed.

Mayor Reyes opened public comment at 9:07 p.m.

Magda- said it is good work and hopes that it continues moving forward to provide power.

Mayor Reyes closed public comment at 9:09 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to approve Amendment No. 1 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 Forty-Five Thousand Dollars ($45,000). Consultant will expand 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.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. DISCUSSION AND CONSIDERATION OF CANNABIS SCHOLARSHIP FUND

PROVIDED THROUGH A PERCENTAGE OF TAXES COLLECTED FROM CANNABIS BUSINESSES. (CITY ATTORNEY)
RECOMMENDATION:

It is recommended that the City Council discuss and consider whether to establish scholarships, funded by a portion of general tax revenue under City Code 3.60.020, for graduating high school students within the City of Adelanto to assist in their pursuit of a post-secondary education.

RESOLUTION NO. 22-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, CALIFORNIA, ESTABLISHING A CANNABIS

SCHOLARSHIP FUND PROVIDED THROUGH A PORTION OF THE

GENERAL TAX REVENUE FROM CANNABIS-RELATED

BUSINESSES OPERATING IN THE CITY
61 City Council Minutes
Regular Meeting
February 9, 2022
7 City Attorney Marc Tran presented the staff report.

Discussion ensued regarding specifics of the item.

Mayor Reyes opened public comment at 9:33 p.m.

Lee- spoke in favor of the item.

Miguel Soto- spoke about the specifics of the item also.

Magda- spoke in favor of the item also.

Mayor Reyes closed public comment at 9:43 p.m.

Further discussion ensued regarding the item.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to adopt Resolution No. 22-08 to establish scholarships, funded by a portion of general tax revenue under City Code

3.60.020, for graduating high school students within the City of Adelanto to assist in their pursuit of a post-secondary education.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

3. RECOMMEND AWARD OF CONTRACT FOR THE JONATHAN STREET, AUBURN AVENUE AND BARCELONA AVENUE WATER MAIN IMPROVEMENT PROJECT. (BRIAN)
RECOMMENDATION:

Staff recommends City Council approve an award of contract for the Jonathan Street, Auburn Avenue and Barcelona Avenue Water Main Improvement Project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.

Staff recommends City Council award the contract to High Desert Underground in the amount of $655,996.14 plus contingency spending to complete the project.

Contracted Engineer Wolfe presented the staff report.
62 City Council Minutes
Regular Meeting
February 9, 2022
8 Mayor Reyes opened public comment at 10:04 p.m.

Magda- spoke about filtering the water. She spoke about doing it right the first time.

Mayor Reyes closed public comment at 10:07 p.m.

Further discussion ensued regarding the item.

MOTION: Moved by Council Member Jeannette, seconded by Council Member Evans to approve an award of contract for the Jonathan Street, Auburn Avenue and Barcelona Avenue Water Main Improvement Project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act and award the contract to High Desert Underground in the amount of $655,996.14 plus contingency spending to complete the project.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

4. PARCEL MAP 20141 FINAL ACCEPTANCE. (BRIAN)
RECOMMENDATION: Staff recommends City Council receive and accept Parcel Map 20141 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20141 on behalf of City Council.

Contracted Engineer Wolfe presented the staff report.

Mayor Reyes opened public comment at 10:19 p.m.

Mayor Reyes closed public comment at 10:19 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to receive and accept Parcel Map 20141 as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20141 on behalf of City Council.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
63 City Council Minutes
Regular Meeting
February 9, 2022
9 Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

5. ACCEPT FINAL SAFE ROUTES TO SCHOOL PLAN FOR THREE SCHOOLS. (BRIAN) RECOMMENDATION: City Council accept the attached Safe Routes to School Plan (SRTS) for Three Schools.

Contracted Engineer Wolfe presented the staff report.

Mayor Pro Tem Ramos opened public comment at 10:31 p.m.

Magda- spoke in support of the item and thanked everyone for this project.

Mayor Pro Tem Ramos closed public comment at 10:35 p.m.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Evans to accept the attached Safe Routes to School Plan (SRTS) for Three Schools.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

6. COUNCIL MEMBERS REQUEST FOR PER DIEM FOR VARIOUS MEETINGS (COUNCIL DISCUSSION)
RECOMMENDATION: For discussion, direction and feedback.

City Clerk Lopez presented the staff report.

Discussion ensued regarding the item.

Council requested the Greater High Desert, Hispanic, Black, NAACP, and Korean chambers be checked for cost of being members.

Mayor Reyes opened public comment at 10:49 p.m.

Magda- spoke in favor of the item.

Mayor Reyes closed public comment at 10:51 p.m.
64 City Council Minutes
Regular Meeting
February 9, 2022
10 7. REQUEST FOR COUNCIL MEMBER ISSUED GAS CARDS AND SIGN OUT SHEET

FOR CITY VEHICLES (COUNCIL DISCUSSION)
RECOMMENDATION: For discussion, direction and feedback.

City Clerk Lopez presented the staff report.

Discussion ensued regarding the item and having individual PIN numbers issued.

Mayor Reyes opened public comment at 11:00 p.m.

Mayor Reyes closed public comment at 11:00 p.m.

Council gave direction to staff to prepare a document and bring back to council with the procedures.

J. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

K. FUTURE AGENDA ITEMS
Council Member Evans asked for a report for all of the contracts that the City Manager has initiated under his $30,000 allowance. She asked for a discussion item regarding the weekly city updates.

She also asked for a presentation on how to handle landlords that are not maintaining the properties they are renting.

Jeannette requested for the code enforcement reports.

L. PUBLIC COMMUNICATIONS
None.

M. ADJOURNMENT
The next Regular Meeting of the City Council will be held on February 23, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 11:04 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to adjourn the meeting.

Roll Call Vote:

Evans: Yes
65 City Council Minutes
Regular Meeting
February 9, 2022
11 Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
66 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
February 23, 2022
A. CALL TO ORDER – REGULAR MEETING
The Adelanto City Council held the Regular Meeting on Wednesday, February 23, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 7:00 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes.

Invocation: Council Member Jeannette
Flag Salute: Council Member Ramos
B. ADDITIONS / DELETIONS TO THE AGENDA

1. PUBLIC HEARING – FIRST READING - ORDINANCE NO. 624 APPROVING A DEVELOPMENT AGREEMENT WITH DAE WON FOOD USA, INC. FOR
DEVELOPMENT OF A FOOD PROCESSING PLANT LOCATED AT 12522 – 12524 PANSY ROAD. (BRIAN)
RECOMMENDATION:

1. Introduce and conduct first reading of the proposed Ordinance approving a Development Agreement with Dae Won Food U.S.A., Inc. for construction and development of a food processing plant located at 12522-12524 Pansy Road, Adelanto; and

2. Schedule the second reading and adoption of Ordinance 624 for the next regular council meeting.

ORDINANCE NO. 624

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ADELANTO, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT WITH DAE WON FOOD U.S.A.,
INC. FOR CONSTRUCTION AND DEVELOPMENT OF A FOOD
PROCESSING PLANT LOCATED AT 12522-12524 PANSY ROAD,

ADELANTO, CALIFORNIA
67 City Council Minutes
Regular Meeting
February 23, 2022
2 Planning Manager Martinez requested the item be moved to a future agenda with an uncertain date and time.

C. APPROVAL OF THE AGENDA
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented.

Roll Call Vote:

Evans: Yes
Jeannette: absent
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

D. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans spoke about the event at the stadium recognizing Black History Month.

She spoke about what happened afterwards with citizens being turned away and told to park somewhere else because there were truckers protesting there who were turning away people.

Council Member Jeannette spoke about the meetings and events she attended.

Council Member Jones spoke about meetings and events he attended as well.

Mayor Pro Tem Ramos spoke about the SBCTA meeting that he attended where they approved the construction expansion of HWY 395 at Palmdale Rd.

E. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores provided updates on various projects throughout the city.

F. PRESENTATIONS
None.

G. PUBLIC COMMUNICATIONS
68 City Council Minutes
Regular Meeting
February 23, 2022
3 Mayor Reyes opened public comments at 7:16 p.m.

Eddie Torres- stated that the community health resource fair was redirecting people out of the stadium. Shared that it was not peaceful.

Miguel Soto- spoke about how the event was managed. He spoke about there being an issue with the reservation of the stadium by two different parties which caused organizational and safety issues.

Carlos- with the IT Department gave a brief overview of the WebX app for phones to make attending the meetings easier.
626-10- Leslie shared she was a vendor at the resource fair and wanted to share how the event went from the vendors point of view. She shared that there were issues with the other group that was in the parking lot making the vendors inside the stadium feel uncomfortable.

Bonnie- wanted to share that there is only one person from the council that is on camera while citizens are expressing their concerns.
909-87- Diana Esmeralda shared that Jeannette showing support for the protestors was racist. (Caller was muted for using profanity).

Mayor Reyes closed public comments.

H. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to approve the consent calendar as presented with #5 being pulled for discussion by Council Member Evans.

2. Adopt Resolution No. 22-09 Approving a Notice of Intent to Comply with Senate Bill 1383 Regulations.

RESOLUTION NO. 22-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

ADOPTING A NOTIFICATION OF INTENT TO COMPLY WITH
THE SB 1383 REGULATIONS
69 City Council Minutes
Regular Meeting
February 23, 2022
4 3. Receive and file Cannabis Report.

4. Receive and File Code/Animal Department Report.

5. Approval of 2nd Reading of Ordinance 622.

ORDINANCE NUMBER 622

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, APPROVING ZONE CHANGE NO. 21-01

CHANGING THE ZONE ON THE GENERAL PLAN LAND USE MAP

AND ZONING MAP FROM COMMERCIAL (C) TO MIXED USE TO
FACILITATE A MIXED USE DEVELOPMENT FOR A 13.1-ACRE

SITE LOCATED AT THE NWC OF VERBENA ROAD AND

PALMDALE ROAD IN THE CITY OF ADELANTO, CALIFORNIA
(APN’S: 3103-411-06 & 3103-411-07) AND MAKING FINDINGS IN

SUPPORT THEREOF

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

I. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the Adelanto Public Utility Authority consent calendar as presented.

2. Approval of Water Department Report.

3. Approval of Sewer Department Report.
70 City Council Minutes
Regular Meeting
February 23, 2022
5 Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

J. PUBLIC HEARING

2. Schedule the second reading and adoption of Ordinance 624 for the next regular council meeting.

ORDINANCE NO. 624

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ADELANTO, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT WITH DAE WON FOOD U.S.A.,
INC. FOR CONSTRUCTION AND DEVELOPMENT OF A FOOD
PROCESSING PLANT LOCATED AT 12522-12524 PANSY ROAD,

ADELANTO, CALIFORNIA
City Manager Flores advised this item is moved to a future agenda with an uncertain date and time.

K. ITEMS REMOVED FROM THE CONSENT CALENDAR

5. Approval of 2nd Reading of Ordinance 622.

ORDINANCE NUMBER 622
71 City Council Minutes
Regular Meeting
February 23, 2022
6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, APPROVING ZONE CHANGE NO. 21-01

CHANGING THE ZONE ON THE GENERAL PLAN LAND USE MAP

AND ZONING MAP FROM COMMERCIAL (C) TO MIXED USE TO
FACILITATE A MIXED USE DEVELOPMENT FOR A 13.1-ACRE

SITE LOCATED AT THE NWC OF VERBENA ROAD AND

PALMDALE ROAD IN THE CITY OF ADELANTO, CALIFORNIA
(APN’S: 3103-411-06 & 3103-411-07) AND MAKING FINDINGS IN

SUPPORT THEREOF
Council Member Evans shared that she went out and canvassed the area to get citizen insight and found it to be disheartening to hear the reasons residents were against it.

Council Member Jeannette shared she also went and spoke to residents regarding the project. She did share the same concerns about parking and traffic control for the area of Verbena and HWY

18. Mayor Reyes opened public comments.

Lisa- shared that she was told that the area was zoned for commercial use and she expects to see that. She spoke against the item.

Diana Esmeralda shared she did her own poll and found that 83.1% were against the item.

A citizen- shared there was a lack of communication between the city and citizens. He encouraged Jeannette to go to the apartment complexes in Adelanto not Hesperia to get an idea of how the new apartments will be.

Andrew- speaking on behalf of the applicant, spoke about the parking and other concerns.

Bonnie- spoke about how she feels that they are trying to push out the current citizens.

Lee spoke about the new apartments having been included in the previous sewer item from the last meeting. He had concerns regarding infrastructure.

A citizen- spoke about the fact that the neighborhood is low income so doesn’t understand how the apartments are going to be rented out for the higher rent that is expected.

Waggener- shared that he thinks this is a top notch project. 760-58- Linda expressed her concerns regarding the item and potential issues with parking. She also stated the information is inconsistent with residents as not everyone is being notified. 760-55- Magda Torrellez said she feels bad for the residents on Almond as they are losing their view and will gain a ton of cars parking in the area.
72 City Council Minutes
Regular Meeting
February 23, 2022
7 Mayor Reyes closed public comment at 8:12 p.m.

Council Member Evans corrected some of the items that are not accurate regarding the project.

She reminded everyone that the apartments will not have any section 8 or low income. She shared that the rent should be somewhere in the area of $2000/month. She spoke about other concerns.

Council Member Jeannette shared she is concerned that some residents weren’t notified.

Council Member Jones shared that “owners” of property are notified not “renters” of properties.

He spoke about the misconceptions and getting those cleared up.

Mayor Reyes requested Andrew the representative for the project come on the line to give his professional opinion in regard to the retail component. Adam spoke about the need for there to be a radius of residents / rooftops within a certain area of the possible store. The purchasing power of the residents also helps determine if they will come to the city.

Council Member Jeannette shared she is on the fence regarding the item. Adam spoke about the conversations that have been taking place with the school district.

Mayor Pro Tem Ramos asked that they continue to keep safety in mind and work with the other agencies that are going to be affected by the project.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Mayor Ramos to approve item #5 from the consent calendar as presented.

Roll Call Vote:

Evans: No
Jeannette: Abstained
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 3-1-1 (Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no, and Jeannette abstaining for safety reasons).

L. FUTURE AGENDA ITEMS
Council Member Evans asked for the item requested last week to be put on the agenda.

M. PUBLIC COMMUNICATIONS
None.
73 City Council Minutes
Regular Meeting
February 23, 2022
8 N. ADJOURNMENT
The next Regular Meeting of the City Council will be held on March 9, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 8:50 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to adjourn the meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
74 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
March 9, 2022
A. CALL TO ORDER –CLOSED SESSION MEETING
The Adelanto City Council held the Regular Meeting on Wednesday, March 9, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 6:03 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

B. ADDITIONS / DELETIONS TO THE AGENDA
C. APPROVAL OF THE AGENDA
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the agenda as presented.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, subdivision (d)(4) (one potential case)
City Attorney Tran announced the closed session items.
75 City Council Minutes
Regular Meeting
March 9, 2022
2 E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS
Mayor Reyes opened public comment at 6:06 p.m.

Mayor Reyes closed public comment at 6:06 p.m.

F. CONVENE INTO CLOSED SESSION
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to convene into closed session at 6:03 p.m.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

G. RECONVENE FROM CLOSED SESSION
Mayor Reyes reconvened the meeting at 7:13 p.m..

H. CALL TO ORDER -REGULAR MEETING
Mayor Reyes called to order the regular meeting at 7:13 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes.

Invocation: Council Member Jones
Flag Salute: Council Member Ramos
I. CLOSED SESSION REPORT
City Attorney Tran stated there was no reportable action taken on the closed session items.

J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
76 City Council Minutes
Regular Meeting
March 9, 2022
3 Council Member Jeannette spoke about her meetings with VVTA and additional meetings she attended.

Council Member Ramos spoke about working on a coffee truck coming to local senior spots to offer free coffee for the seniors in the community.

Council Member Evans spoke about the signs throughout the city. She spoke about the striping at Bartlett and the need to repaint them for safety.

Reyes spoke about a meeting he has scheduled with CALTRANS in regards to the growth on 395.

K. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
City Manager Flores announced on April 4, 2022, the city will be reopened to the public including meetings. He provided updates on various projects throughout the city.

L. PRESENTATIONS
None.

M. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:29 p.m.
760-32- Meza wanted to acknowledge the HD Queens who are two time champions and represented the high desert in New Jersey. He spoke about an event being held by the Warriors BMX group.

Diana Esmeralda- shared her concerns regarding the community buildings being in such a sad state of disrepair.

Mayor Reyes closed public comment at 7:35 p.m.

N. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to approve the consent calendar as presented.
77 City Council Minutes
Regular Meeting
March 9, 2022
4 1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

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

THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL

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

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL

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

AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY

COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM MARCH 9, 2022, THROUGH APRIL 8, 2022, PURSUANT TO BROWN ACT PROVISIONS

3. APPROVAL OF CONTRACT WITH SAN BERNARDINO COUNTY FIRE

PROTECTION DISTRICT FOR HOUSEHOLD HAZARDOUS WASTE
AGREEMENT.

RESOLUTION NO. 22-13

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE HOUSEHOLD HAZARDOUS WASTE

AGREEMENT WITH THE SAN BERNARDINO COUNTY FIRE PROTECTION

DISTRICT
Roll Call Vote:

Evans: No on #2, yes on #1 and #3
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans no on #2, yes on #1 and #3, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

O. PUBLIC HEARING
78 City Council Minutes
Regular Meeting
March 9, 2022
5 1. DISCUSSION AND CONSIDERATION OF ORDINANCE NO. 625 TO ADD A NEW CHAPTER 9.110 TO THE CITY’S MUNICIPAL CODE PERTAINING TO NOISE CONTROL. (CITY ATTORNEY) RECOMMENDATION: It is recommended that the City Council of Adelanto introduce and waive the first reading of Ordinance No. 625 designed to limit the adverse effects of unwanted and intrusive noises within the City of Adelanto (“City”). This Ordinance will create criteria and procedure for the measuring of sound levels in accordance with various zoning areas. The Ordinance will also address penalties. As well as penalties for violations of specified noise levels.

ORDINANCE NO. 625

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

MUNICIPAL CODE
Item was removed from the agenda.

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

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

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

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

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

ORDINANCE NO. 626

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

SETTING FORTH COMPENSATION RATES FOR THE MAYOR AND CITY

COUNCIL MEMBERS
City Attorney Tran presented the staff report.

Finance Director Castellanos presented the staff report regarding the fiscal impact.

Mayor Reyes opened public comment at 7:42 p.m.

Diana Esmeralda- shared she feels like the council is not doing their job. 79 City Council Minutes
Regular Meeting
March 9, 2022
6 Mayor Reyes closed public comment at 7:45 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to repeal Ordinance No. 595 which established the Mayor and City Council Member stipend amounts in December 2018 and the City Council will introduce and waive the first reading of Ordinance No. 626 to approve an increase in the City Council stipend amount from $924.00 to $1,108.80 per month for the Mayor, and from $708.40 to $850.08 per month for each Council Member and City Council will schedule the second reading of Ordinance No. 626 and approve a budget amendment in the amount of $9,018.24 to be decreased from the General Fund account number 100-1010-502-40 fund balance.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

P. NEW BUSINESS - ADELANTO PUBLIC UTILITY AUTHORITY

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

Finance Director Castellanos presented the staff report.

Mayor Reyes opened public comment at 7:50 p.m.

Christian- had questions regarding how long the electronic equipment will stay good for before having to be replaced.

Diana Esmeralda- spoke in support of the item.

Magda- spoke in favor of the item.

Mayor Reyes closed public comment at 7:59 p.m.

Further discussion ensued regarding the life of the device.

MOTION: Moved by Council Member Evans, seconded by Council Member Jeannette to approve Vertech to perform the SCADA panel upgrade at the water treatment plant. 80 City Council Minutes
Regular Meeting
March 9, 2022
7 Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Q. NEW BUSINESS

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

Contracted Wolfe presented the staff report.

Further discussion ensued regarding what effect it would have on traffic and what the expectations are of the project.

Mayor Reyes opened the public hearing at 8:17 p.m.

Diana Esmeralda-thanked Brian Wolfe for his work on the project. She talked about the corner being a problem.

Kristen- asked about making it a beautification project.

Mayor Reyes closed the public hearing at 9:21 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve an award of contract for the Mojave Drive and Bellflower Street Dry Well Project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
81 City Council Minutes
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March 9, 2022
8 Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

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

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

RESOLUTION NO. 22-12

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

SAN BERNARDINO, CALIFORNIA, AUTHORIZING APPLICATION TO AND

PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM
City Attorney Susie Altamirano presented the staff report.

Mayor Reyes opened public comment at 8:31 p.m.

Diana Esmeralda- asked if this is related to the 200-apartment project.

Kristen- shared she is worried about this type of housing coming into the community.

Magda- asked how much more low income housing are they going to put in the city. She shared her concern that there is enough.

Mayor Reyes closed public comment at 8:40 p.m.

Further discussion ensued regarding potential grants that would be available. Additional parks within the area were also mentioned.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to adopt Resolution No. 22-12 authorizing application to and participation in the Prohousing Designation Program and authorize the City Manager to negotiate and execute all necessary documents to facilitate application for, receipt of, and participation in the Prohousing Designation Program.

Roll Call Vote:

Evans: Yes
82 City Council Minutes
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March 9, 2022
9 Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

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

RESOLUTION NO. 22-10

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AGREEMENT FOR THE STATE OF
CALIFORNIA’S CANNABIS EQUITY ACT’S GRANT FUNDING
Consultant Jaimie Lewis presented the staff report.

Mayor Reyes opened public comment at 8:50 p.m.

Diana Esmeralda- shared her excitement about this item.

Magda- shared she is not in favor of the item.

Kristen- shared her concerns regarding the item.

Mayor Reyes closed public comment at 8:58 p.m.

Further discussion ensued regarding clarification regarding the item.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to adopt the resolution authorizing the City Manager to execute the grant agreement for the State of California’s Cannabis Equity Act’s grant funding for $75,000 to conduct an equity assessment and begin planning the City’s cannabis equity program.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
83 City Council Minutes
Regular Meeting
March 9, 2022
10 Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

R. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

S. FUTURE AGENDA ITEMS
Council Member Evans requested a report on all contracts that the city manager has approved outside of his $30,000 allotment. She requested a discussion item on getting city manager weekly updates and also a process regarding landlord / tenant issues within the city. She also requested an update on the housing item from the October 13th meeting.

MOTION: Moved by Council Member Evans, seconded by Council Member Jeannette requested the following items be included on a future agenda: a report on all contracts that the city manager has approved outside of his $30,000 allotment. She requested a discussion item on getting city manager weekly updates and also a process regarding landlord / tenant issues within the city. She also requested an update on the housing item from the October 13th meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Reyes asked the City Manager to follow up with Edison regarding the patchwork that was done in the area Rancho Rd east of Aster. He asked the city manager to check with the higher scale cities with their road repair.

T. PUBLIC COMMUNICATIONS
None.
84 City Council Minutes
Regular Meeting
March 9, 2022
11 U. ADJOURNMENT
The next Regular Meeting of the City Council will be held on March 23, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 9:02 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannettte to adjourn the meeting.

Roll Call Vote:

Evans: Yes
Jones: Yes
Reyes: Yes
Ramos- Yes
Jeannette- Yes
Motion carried 5-0 (Evans, Jones, Jeannette, and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
85 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
March 23, 2022
A. CALL TO ORDER –REGULAR MEETING
The Adelanto City Council held the Regular Meeting on Wednesday, March 23, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 7:01 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos.

Absent: Mayor Reyes
MOTION: Moved by Council Member Jones, seconded by Council Member Jeannette to excuse Mayor Reyes’ absence.

Roll Call Vote:

Evans: Abstained
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Absent
Motion carried 3-1-1 (Evans abstained, Jeannette, Jones, Mayor Pro Tem Ramos voting yes, Mayor Reyes noted as absent).

Invocation: Council Member Jones
Flag Salute: Council Member Jeannette
B. ADDITIONS / DELETIONS TO THE AGENDA
None.

C. APPROVAL OF THE AGENDA
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to approve the agenda as presented.
86 City Council Minutes
Regular Meeting
March 23, 2022
2 Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Absent
Motion carried 4-1 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos voting yes and Mayor Reyes noted as absent).

D. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Jeannette spoke about meetings she attended. She also spoke about non profits that children are involved in. She asked for $3000 for the cheer group going to Las Vegas to compete.

E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
City Manager Flores announced events within the city. He spoke about project updates within the city. Planning Manager Dave provided an update on the housing element.

F. PRESENTATIONS
City Attorney Susie Altamirano presented the presentation on public noticing requirements.

G. PUBLIC COMMUNICATIONS
Mayor Pro Tem Ramos opened public comment at 7:30 p.m.
523-66- shared they have been here for 5 years and are concerned about the water conditions.

Estella Armenta- shared she has been in the city for 32 years and loves the city but worries about the water as well.

Meza- thanked everyone for coming out for the Little League.

Magda- spoke about the water within the city. They are in favor of the Little League.

Mayor Pro Tem Ramos closed public comment at 7:44 p.m.
87 City Council Minutes
Regular Meeting
March 23, 2022
3 H. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to approve the consent calendar as presented.

2. Approval of Adelanto State Park Grant Design Award of Contract.

3. Approval of 2nd Reading of Ordinance No. 626 entitled:

ORDINANCE NO. 626

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

SETTING FORTH COMPENSATION RATES FOR THE MAYOR AND

CITY COUNCIL MEMBERS

4. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 21/22-09-02- 146484 through 146722 in the total amount of $4,481,512.75.
b. Approval of City of Adelanto EFT, 21/22-09-02- 1564 through 1607 in the total amount of $1,831,585.76.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Absent
Motion carried 4-1 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos voting yes, and Mayor Reyes noted as absent).
88 City Council Minutes
Regular Meeting
March 23, 2022
4 I. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jones to approve the Adelanto Public Utility Authority consent calendar as presented.

2. Receive and file Water Department Report.

3. Receive and file Sewer Department Report.

4. Approval of Wastewater Treatment Plant Ge 90/30 Plc Replacement.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Absent
Motion carried 4-1 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos voting yes and Mayor Reyes noted as absent).

J. NEW BUSINESS

1. DISCUSSION ITEM - DONATION FROM COMMUNITY BENEFIT CORPORATION TO THE ADELANTO LITTLE LEAGUE IN THE AMOUNT OF $3000.00. (COUNCIL

MEMBER JEANETTE)
Council Member Jeannette presented the staff report.

Meza- was provided information regarding the organization.

Evans- expressed her concerns regarding giving the money to the same organization year after year.

Jeannette- shared the same thoughts.

Jones- shared his concerns.

Mayor Pro Tem Ramos opened public comment at 8:11 p.m.
89 City Council Minutes
Regular Meeting
March 23, 2022
5 Magda- spoke about how the money can be used and where the money could come from.

Bartola- spoke about what the money is going towards and that she’s an advocate for all youth sports.

Mayor Pro Tem Ramos closed public comment at 8:26 p.m.

Further discussion ensued with questions for Bartola.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to approve a donation from the Community Benefit Corporation to the Adelanto Little League in the amount of $1500, and 30-60 days after to provide additional $1500 should fundraising efforts through the Benefit corporation does not provide the additional $1500, and also direct staff to come up with a plan on how to handle future donation requests.

Roll Call Vote:

Evans: No
Jeannette: Yes
Jones: No
Ramos: Yes
Reyes: Absent
Motion fails 2-2-1 (Evans and Jones voting no, Jeannette, Mayor Pro Tem Ramos voting yes and Mayor Reyes noted as absent).

MOTION: Moved by Council Member Evans, seconded by Council Member Jones to also direct staff to schedule a workshop regarding non-profit business to include youth organizations.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: No
Reyes: Absent
Motion fails 2-2-1 (Evans and Jones voting no, Jeannette, Mayor Pro Tem Ramos voting yes, and Mayor Reyes noted as absent).

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to start drafting any guidance documents for youth sports that may come before the city for help.

Roll Call Vote:

Evans: No
Jeannette: Yes
90 City Council Minutes
Regular Meeting
March 23, 2022
6 Jones: Yes
Ramos: Yes
Reyes: Absent
Motion carried 4-1 (Evans voting no, Jeannette, Jones and Mayor Pro Tem Ramos voting yes, and Mayor Reyes noted as absent).

K. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

L. FUTURE AGENDA ITEMS
Council Member Evans requested a report on all contracts that the city manager has approved outside of his $30,000 allotment. She requested a discussion item on getting city manager weekly updates and also a process regarding landlord / tenant issues within the city. She also requested an update on the housing item from the October 13th meeting. She also requested an updated presentation from GEO regarding the paving of Rancho they are supposed to do with the construction they are doing.

MOTION: Moved by Council Member Evans, seconded by Mayor Pro Tem Ramos requests a presentation from GEO regarding the expansion and the paving they are to do with the expansion on Rancho.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Absent
Motion carried 4-1 (Evans, Jeannette, Jones, and Mayor Pro Tem Ramos voting yes and Mayor Reyes noted as absent).

Mayor Pro Tem Ramos requested a discussion item on a future agenda for the sign at 395 going north.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Evans to have a discussion item on a future agenda for the sign at 395 going north.

Roll Call Vote:
91 City Council Minutes
Regular Meeting
March 23, 2022
7 Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Absent
Motion carried 4-1 (Evans, Jeannette, Jones, and Mayor Pro Tem Ramos voting yes and Mayor Reyes noted as absent).

Mayor Pro Tem Ramos on behalf of Mayor Reyes requested the following items be added to a future agenda.

Mayor Reyes requested a discussion item for the city being a co-sponsor for the Cinco De Mayo event at the stadium.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette for a discussion item regarding the city being a co-sponsor for the Cinco De Mayo event at the stadium.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Absent
Motion carried 4-1 (Evans, Jeannette, Jones, and Mayor Pro Tem Ramos voting yes and Mayor Reyes noted as absent).

Mayor Reyes requested a future agenda item for a Proclamation for Black History Month and also Junteenth being a holiday.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Evans to future agenda item for a Proclamation for Black History Month and Junteenth being a holiday.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Absent
Motion carried 4-1 (Evans, Jeannette, Jones, and Mayor Pro Tem Ramos voting yes and Mayor Reyes noted as absent).
92 City Council Minutes
Regular Meeting
March 23, 2022
8 M. PUBLIC COMMUNICATIONS
None.

N. ADJOURNMENT
The next Regular Meeting of the City Council will be held on April 13, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 9:02 p.m.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannettte to adjourn the meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Absent
Motion carried 4-1 (Evans, Jeannette, Jones, and Mayor Pro Tem Ramos voting yes and Mayor Reyes noted as absent).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
93 1

MINUTES OF THE

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
March 29, 2022
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Special Meeting on Tuesday, March 29, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 10:01 a.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

B. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: 12000 Stadium Way, Adelanto, CA 92301
City Negotiators: City Manager and City Attorney
Under Negotiation: Lease Terms
City Attorney Tran announced the closed session items.

Mayor Reyes opened public comment at 10:03 a.m.

C. CONVENE INTO CLOSED SESSION
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to convene into closed session at 10:05 a.m.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
94 City Council Minutes
Special Meeting
March 29, 2022
2 Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

D. CALL TO ORDER - SPECIAL MEETING
Mayor Reyes called the special meeting to order at 11:34 a.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes.

Invocation: Council Member Jones
Flag Salute: Mayor Pro Tem Ramos
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the agenda as presented.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

E. CLOSED SESSION REPORT
City Attorney stated direction was given and no final action taken on the closed session item.

F. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 11:37 a.m.

Diana Esmeralda- shared she sent emails in January, February and also last night and wants those to be part of her public comment regarding the stadium.

Mayor Reyes closed public comment at 11:39 a.m.
95 City Council Minutes
Special Meeting
March 29, 2022
3 G. NEW BUSINESS

1. FISCAL YEAR 2021/2022 Budget Report– (ANGEL/DERIK)
RECOMMENDATION:

It is recommended that the City Council: (1) receive and file this report and all its attachments; (2) adopt Resolution No. 22-14 approving the recommendations and associated budget adjustments contained in Attachment B;
It is recommended that the Adelanto Public Utility Authority Board: (1) receive and file this report and all its attachments; and (2) adopt Resolution No. 22-01 approving the recommendations and associated budget adjustments contained in Attachment C.

RESOLUTION NO 22-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO

COUNTY OF SAN BERNARDINO CALIFORNIA AMENDING THE BUDGET AND

APPROPRIATING FUNDS FOR THE MUNICIPAL BUDGET FOR FISCAL YEAR 2021-2022
AND
RESOLUTION NO. 22-01

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADELANTO PUBLIC

UTILITY AUTHORITY AMENDING THE BUDGET AND APPROPRIATING FUNDS FOR THE AUTHORITY BUDGET FOR FISCAL YEAR 2021-2022
Finance Director Castellanos and Senior Accountant Despain presented the staff report.

Further discussion ensued regarding water cost.

Mayor Reyes opened public comment at 1:16 p.m.

Lee- spoke about the budget not being able to be pushed to the next meeting and putting it on this agenda last minute.

Mayor Reyes closed public comment at 1:18 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to receive and file this report and all its attachments; (2) adopt Resolution No. 22-14 approving the recommendations and associated budget adjustments contained in Attachment B and that the Adelanto Public Utility Authority Board: (1) receive and file this report and all its attachments; and adopt Resolution No. 22-01 approving the recommendations and associated budget adjustments contained in Attachment C.
96 City Council Minutes
Special Meeting
March 29, 2022
4 Roll Call Vote:

Evans: No
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Evans voting no, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

2. CONSIDERATION OF AMENDMENT NO.1 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH THE TAIT GROUP INC. TO EXTEND THE CONTRACT TERM SIX MONTHS (SEPTEMBER 30, 2022) AND INCREASE COMPENSATION. – (ANGEL)
RECOMMENDATION: It is recommended that the City Council approve Amendment No. 1 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). The total compensation not-to-exceed amount under both the Master Agreement and the First Amendment is Sixty Thousand Dollars ($60,000).

Finance Director Castellanos presented the staff report.

Further discussion ensued.

Mayor Reyes opened public comment at 12:12 p.m.

David Tait- spoke about the many projects he has worked on with the city.

Contracted City Engineer Wolfe also spoke about the various projects that Tait Group has been involved in.

Mayor Reyes closed public comment at 12:19 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve Amendment No. 1 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). The total compensation not-to-exceed amount under both the Master Agreement and the First Amendment is Sixty Thousand Dollars ($60,000).

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
97 City Council Minutes
Special Meeting
March 29, 2022
5 Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

3. CONSIDERATION OF AMENDMENT NO.1 TO THE PROFESSIONAL CONSULTANT

SERVICES AGREEMENT WITH LOCAL EQUITY LLC TO EXTEND THE CONTRACT TERM FIVE MONTHS (AUGUST 31, 2022) AND INCREASE COMPENSATION. – (ANGEL) RECOMMENDATION: It is recommended that the City Council approve Amendment No. 1 to the Professional Consultant Services Agreement with Local Equity LLC to extend Section 3.1.2 Term on the attached Agreement for five (5) months with an increased compensation of Thirty Thousand Dollars ($30,000). The total compensation not-to-exceed amount under both the Master Agreement and the First Amendment is Sixty Thousand Dollars ($60,000).

Finance Director Castellanos presented the staff report.

Further discussion ensued regarding what type of businesses will be brought to the city with this project.

Mayor Reyes opened public comment at 12:58 p.m.

Jim Hirsch- spoke about working on this project.

Lee- spoke about various items on the agenda.

Mayor Reyes closed public comment at 1:03 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve Amendment No. 1 to the Professional Consultant Services Agreement with Local Equity LLC to extend Section

3.1.2 Term on the attached Agreement for five (5) months with an increased compensation of Thirty Thousand Dollars ($30,000). The total compensation not-to-exceed amount under both the Master Agreement and the First Amendment is Sixty Thousand Dollars ($60,000).

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

4. DISCUSSION OF TENANT PROPOSED AMENDMENT TO THE EXISTING LEASE

AGREEMENT FOR THE ADELANTO STADIUM & EVENT CENTER BY AND BETWEEN THE CITY OF ADELANTO AND STADIUM MANAGEMENT GROUP, LLC.– (ANGEL) 98 City Council Minutes
Special Meeting
March 29, 2022
6 RECOMMENDATION:

That the City Council:

1. Review the attached proposed amendment drafted by the Stadium Management Group, LLC for the Adelanto Stadium Event Center Lease Agreement by and between the City of Adelanto and Stadium Management Group, LLC; and

2. Provide staff with direction as to the next steps pertaining to the Tenant proposed amendment.

Finance Director Castellanos presented the staff report.

Mayor Reyes opened public comment at 11:43 a.m.

Diana Esmeralda- wanted to reiterate her comments earlier. If this does pass she will create a public action report.

Mayor Reyes closed public comment at 11:45 a.m.

Further discussion ensued regarding having a requirement for multiple bids.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to review the attached proposed amendment drafted by the Stadium Management Group, LLC for the Adelanto Stadium Event Center Lease Agreement by and between the City of Adelanto and Stadium Management Group, LLC; and provide staff with direction as to the next steps pertaining to the Tenant proposed amendment.

Roll Call Vote:

Evans: No
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Evans voting no, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

H. ADJOURNMENT
The next Regular Meeting of the City Council will be held on April 13, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 10:24 a.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to adjourn the meeting.
99 City Council Minutes
Special Meeting
March 29, 2022
7 Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Evans, Jeannette Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
100
1 MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
April 13, 2022
A. CALL TO ORDER – REGULAR MEETING
The Adelanto City Council held the Regular Meeting on Wednesday, April 13, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 7:03 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes.

Invocation: Mayor Reyes
Flag Salute: Council Member Jones
B. DELETIONS / ADDITIONS TO AGENDA
City Attorney Marc Tran stated staff requests that items #J3 and J4 be tabled to a date uncertain.

Staff is working on the guidelines for donations to nonprofit organizations.

C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented with items #J3 and J4 tabled to a date uncertain.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes). 101
City Council Minutes
Regular Meeting
April 13, 2022
2 D. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans announced the passing of a long-time resident and announced a Go Fund Me that has been set up to help with burial costs.

Council Member Jeannette shared her meetings she attended as well as the food share at the Curbside on Rancho. She gave a shout out to Daryl from the Stadium for the ADA grant that has been given to update the stadium.

Mayor Reyes gave thanks to Daryl and the stadium for Kush Stock that took place this weekend.

He spoke of his meeting that he attended where they voted in the new member of LAFCO.

E. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores provided an update on the water projects within the city. He provided an update on the Marconi Park renovations. He shared information regarding the first rabies and licensing clinic for the year.

F. PRESENTATIONS
None.

G. PUBLIC COMMUNICATIONS
Mayor Reyes opened public communications at 7:20 p.m.

Citizen announced the HD Queens are out competing. He announced they are having an antibullying event April 30th at the stadium and invited all the youth to attend.

Mayor Reyes closed public communications at 7:22 p.m.

H. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
Item #2 was pulled for discussion. Vote was held after discussion.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the consent calendar as presented.

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all 102
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3 ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

2. CONSIDERATION OF AGREEMENTS FOR THE LEASE AND TRANSFER OF WATER

RIGHTS AND MAKE-UP OBLIGATION TO THE MOJAVE BASIN AREA
WATERMASTER.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, and Mayor Reyes, Mayor Pro Tem Ramos).

I. PUBLIC HEARING

1. CODE AMENDMENT (CA) 22-01 / ORDINANCE NO. 623 ADOPTION – PROPOSAL TO AMEND TITLE 17 OF THE ADELANTO MUNICIPAL CODE TO ADOPT CHAPTER

17.195 (REASONABLE ACCOMMODATION IN HOUSING) BY ADDING SECTION

17.195 TO ESTABLISH FAIR HOUSING REASONABLE ACCOMMODATION PROCEDURES, PURSUANT TO STATE LAW.

RECOMMENDATION:
● Introduce First Reading of Ordinance 623 to adopt findings and approve Code Amendment 22-01 to amend title 17 of the AMC to adopt Chapter 17.195 (Reasonable Accommodation in Housing) by adding Section 17.195 to establish Fair Housing Reasonable Accommodation procedures, pursuant to State Law.
● Schedule the second reading and adoption of the Ordinance 623 for the next regular council meeting.

ORDINANCE NO. 623

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO ADDING CHAPTER 17.195 (REASONABLE ACCOMMODATIONS IN
HOUSING) OF TITLE 17 (ZONING ORDINANCE) TO THE ADELANTO

MUNICIPAL CODE TO ESTABLISH FAIR HOUSING REASONABLE

ACCOMMODATION PROCEDURES
City Attorney Suzie presented the staff report.
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4 Discussion ensued regarding the item.

Mayor Reyes opened public comment at 7:44 p.m.

Mayor Reyes closed public comment at 7:45 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to Introduce First Reading of Ordinance 623 to adopt findings and approve Code Amendment 22-01 to amend title 17 of the AMC to adopt Chapter 17.195 (Reasonable Accommodation in Housing) by adding Section 17.195 to establish Fair Housing Reasonable Accommodation procedures, pursuant to State Law and schedule the second reading and adoption of the Ordinance 623 for the next regular council meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

J. NEW BUSINESS

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

RESOLUTION NO. 22-15

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

SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY,

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

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM APRIL 6, 2022, THROUGH MAY 6, 2022

PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)
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5 City Attorney Stephanie Archegia presented the staff report.

Council Member Evans expressed concern regarding why the City is one of the only cities not doing a hybrid meeting. City Attorney Stephanie provided clarification that this is relating to Council Members only, not the public.

Further discussion ensued regarding the item.

Mayor Reyes opened public comment at 7:51 p.m.

Miguel Soto- shared his concern that the city doesn't have a hybrid model.

Diana Esmeralda- expressed concern over what happens during the remote meetings.

Magda- agreed with previous residents' concerns.

Mayor Reyes closed public comment at 7:58 p.m.

Council shared their concerns. Mayor Reyes asked how the 90 days have been with staffing and COVID. The City Attorney stated the City Manager can answer that question without releasing private information.

Mayor Reyes requested the city start working on bringing back meetings in person.

Roll Call Vote:

Evans: No
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans no).

2. RECOMMEND APPROVAL OF VACATING PUBLIC RIGHT OF WAY AS NEEDED FOR AES SOLAR PROJECT. (BRIAN)
RECOMMENDATION: Staff recommends City Council sign Resolutions 22-16, 22-17 and 22-18 to approve vacating public right-of-way fronting six properties as part of the Baldy Mesa solar project by AES Solar
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6 RESOLUTION NO. 21-16

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, VACATING AND ABANDONING ALL

RIGHTS, TITLE AND INTEREST IN A PORTION OF PUBLIC RIGHT-OF-WAY KNOWN AS BEAVER ROAD AND CALLEJA ROAD LOCATED ADJACENT TO APN 0459-053-51 WITHIN THE CITY OF ADELANTO.

AND
RESOLUTION NO. 22-17

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

SAN BERNARDINO, CALIFORNIA, VACATING AND ABANDONING ALL RIGHTS,

TITLE AND INTEREST IN A PORTION OF PUBLIC RIGHT-OF-WAY KNOWN AS BEAVER AVENUE LOCATED ADJACENT TO APNS 0458-113-05, 0458-113-06 AND 0458- 113-07 WITHIN THE CITY OF ADELANTO.

AND
RESOLUTION NO. 22-18

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, VACATING AND

ABANDONING ALL RIGHTS, TITLE AND INTEREST IN A PORTION OF

PUBLIC RIGHT-OF-WAY KNOWN AS EL SERENO AVENUE LOCATED
BETWEEN APN 0459-371-43 AND 0459-371-44 WITHIN THE CITY OF ADELANTO.

Council Member Evans recused herself from the item.

Contracted Engineer Wolfe presented the staff report.

AES Solar representative was available for questions.

Further discussion ensued.

Mayor Reyes opened public comment at 8:17 p.m.
1059- stated that the Mayor should have recused himself as he received a donation from this company for his church in the amount of $10,000.

Magda- shared that what the previous caller brought up is very important and shared she feels it is a conflict of interest.

Miguel Soto- agreed with the previous callers. He asked the City of Attorney to clarify whether or 106
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7 not this is a conflict of interest.

Diana Esmeralda -spoke about the previous donation mentioned and also about the project itself.

She shared there is an active investigation into this with the FPPC.

Mayor Reyes closed public comment at 8:25 p.m.

Mayor Reyes shared he sells residential solar and chooses not to do business in Adelanto to keep it separate. He shared he didn’t recuse himself because he spoke to the legal team regarding this item and his involvement.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos. to sign Resolutions 22- 16, 22-17 and 22-18 to approve vacating public right-of-way fronting six properties as part of the Baldy Mesa solar project by AES Solar.

Roll Call Vote:

Evans: Recused
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans recused).

3. DISCUSSION ITEM - REQUEST FOR THE CITY TO BE A CO-SPONSOR FOR THE HIGH

DESERT HISPANIC CHAMBER OF COMMERCE CINCO DE MAYO EVENT IN THE AMOUNT OF $7,000.00. (MAYOR)
RECOMMENDATION: Staff recommends that the City Council discuss and provide direction to staff.

Item removed and will be placed on a future agenda.

4. DISCUSSION ITEM - REQUEST FOR THE CITY TO BE A CO-SPONSOR FOR THE HIGH

DESERT HISPANIC CHAMBER OF COMMERCE CINCO DE MAYO EVENT IN THE AMOUNT OF $7,000.00. (MAYOR)
RECOMMENDATION: Staff recommends that the City Council discuss and provide direction to staff.

Item removed and will be placed on a future agenda.

5. DISCUSSION ITEM - CITY OF ADELANTO SIGN
RECOMMENDATION: Staff recommends that the City Council discuss and provide direction to staff.
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8 Mayor Pro Tem Ramos requested the sign be rehabilitated.

Further discussion ensued.

Mayor Reyes opened public comment at 8:37 p.m.

Diana Esmeralda- shared her concerns.

Magda- shared that the signs do need to be up and running to help prevent accidents.

Miguel Soto- shared the same concerns.

Mayor Reyes closed public comment at 8:42 p.m.

Council requested staff obtain quotes on various options available for the sign.

K. ITEMS REMOVED FROM THE CONSENT CALENDAR

2. CONSIDERATION OF AGREEMENTS FOR THE LEASE AND TRANSFER OF WATER

RIGHTS AND MAKE-UP OBLIGATION TO THE MOJAVE BASIN AREA
WATERMASTER.

Council Member Evans requested clarification on the item.

Derik Despain presented additional information.

CIty Clerk Lopez opened the item for public comment at the direction of the City Attorney.

Diana Esmeralda shared her concerns.

Magda shared the same concerns as Diana.

Miguel Soto shared the same concerns as the previous residents.

Mayor Reyes closed public comment at 8:58 p.m.

Further discussion ensued.
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9 L. FUTURE AGENDA ITEMS
Council Member Jones requested a discussion item regarding flooding in particular areas. City Clerk Lopez stated there is a contract that was signed and will get back to Council on the item.

MOTION: Moved by Council Member Jones seconded by Mayor Reyes to bring back the issue of flooding in the area of Mojave and Bellflower.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

Mayor Reyes requested a proclamation that declares April Anti-Alcohol Awareness Month and also a presentation from the IT Consultant Services regarding a new website.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to have the items on a future agenda.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

M. PUBLIC COMMUNICATIONS
None.

N. ADJOURNMENT
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10 The next Regular Meeting of the City Council will be held on April 27, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 9:09 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to adjourn the meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
110
1 MINUTES OF THE

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
April 26, 2022
A. CALL TO ORDER –CLOSED SESSION
The Adelanto City Council held the Special Meeting on Tuesday, April 26, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the special meeting at 10:10 a.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes B. DELETIONS / ADDITIONS TO AGENDA
None.

C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Pursuant to Government Code §54956.9 Subparts (a), (d)(2), and (e)(3). Two cases.

City Attorney Marc Tran announced closed session items. 111
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2 E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
Mayor Reyes opened public comment at 10:12 a.m.

Mayor Reyes closed public comment at 10:13 a.m.

F. CONVENE INTO CLOSED SESSION
Mayor Reyes convened the meeting into closed session at 10:13 a.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to convene into closed session.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Mayor Pro Tem Ramos noted as present at 10:13 a.m.

G. CALL TO ORDER - SPECIAL MEETING
Mayor Reyes reconvened the meeting at 10:43 a.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes City Attorney Marc Tran spoke about the WebX meeting link for the meeting. The city attorney recommends tabeling the item for a future agenda to be in compliance.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to close the meeting session based on City Attorney’s direction.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
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3 Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

H. CLOSED SESSION REPORT
None.

I. PUBLIC HEARING

1. PUBLIC HEARING – APPEAL OF PLANNING COMMISSION APPROVAL/ADOPTION

OF THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT 21-04, LOCATION AND DEVELOPMENT PLAN 21-04, TENTATIVE PARCEL MAP 20437 (DAVE/MARY)
RECOMMENDATION: Staff recommends that the City Council, DENY THE APPEAL and APPROVE/ADOPT the Initial Study/Mitigated Negative Declaration (IS/MND) for Conditional Use Permit 21-04, Location and Development Plan 21-03 & Tentative Parcel Map 20437 and adopt Council Resolution No. 22-21 (Attached as Exhibit A) adopting the findings and approving/adopting the IS/MND for Conditional Use Permit 21-04, Location and Development Plan 21-03 & Tentative Parcel Map 20437, a 15-acre site located on Auburn Avenue, between Montezuma Street and Jonathan Street in the Airport Development District (ADD) zone in the City of Adelanto, California (APN’s: 0459-053-70, 71, 72 &74).

Item tabled for future agenda.

2. PUBLIC HEARING – PUBLIC HEARING – APPEAL OF PLANNING COMMISSION

APPROVAL/ADOPTION OF THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT 21-16 & LOCATION AND DEVELOPMENT PLAN 21-14 (DAVE/MARY)
RECOMMENDATION: Staff recommends that the City Council, DENY THE APPEAL and APPROVE/ADOPT the Initial Study/Mitigated Negative Declaration (IS/MND) for Conditional Use Permit 21-16 and Location and Development Plan 21-14 and adopt Council Resolution No. 22-22 (Attached as Exhibit A) adopting the findings and approving/adopting the IS/MND for Conditional Use Permit 21-16 and Location and Development Plan 21-14, a

3.03-acre site located at the West side of Koala Road midway between Rancho Road and Violet Road in the Manufacturing Industrial (MI) zoning district in the City of Adelanto, California (APN: 3210-631-14).

Item tabled for future agenda.

J. ADJOURNMENT
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4 L. ITEMS REMOVED FROM THE CONSENT CALENDAR
M. FUTURE AGENDA ITEMS
N. PUBLIC COMMUNICATIONS
O. ADJOURNMENT
The next Regular Meeting of the City Council will be held on April 27, 2022, at 7:00 pm. _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
114
1 MINUTES OF THE CONCURRENT
REGULAR MEETING and SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
April 27, 2022
A. CALL TO ORDER - REGULAR MEETING
The Adelanto City Council held the Special Meeting on Wednesday, April 27, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular meeting and concurrent special meeting at 7:04 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos, Mayor Reyes Invocation: Council Member Jones
Flag Salute: Mayor Pro Tem Ramos
B. DELETIONS / ADDITIONS TO AGENDA
None.

C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the agenda as presented.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes). 115
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2 D. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Jeannette spoke about meetings she attended on behalf of VVTA. She spoke about upcoming events.

Mayor Reyes spoke about the meetings he attended.

E. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores spoke about the special meeting that was supposed to take place yesterday.

He shared that the WebX company had removed the meeting link for an unknown reason. He spoke about current projects within the city.

F. PRESENTATIONS

1. Proclamation presentation for Donate Life Month.

Mayor Reyes announced that April 022 will be recognized as Donate Life Month.

Cheryl from Donate Life presented a presentation and thanked the city.

2. Proclamation presentation Alcohol Awareness Month.

Serg presented a presentation and thanked the city.

G. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:25 p.m.

Tim Graston- spoke about the $10,000 donation to the Mayors church and feels that the Mayor did not explain enough. He spoke about the city being sued by the carpenters union. He spoke about the tobacco license that was approved by Planning last week needs to be looked at again.

Diana Esmeralda- asked questions about the building the city is getting from the company that City Manager Flores spoke about. She spoke about disruptions occurring to meetings and the public hasn’t been able to be part of because of meetings being held telephonically.

Lee- spoke about the same thing that Diana spoke about as well.

Mayor Reyes closed public comment at 7:36 p.m.
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3 H. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the consent calendar as presented.

2. Approval of 2nd Reading of Ordinance No. 623 entitled:

ORDINANCE NO. 623

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO ADDING CHAPTER 17.195 (REASONABLE ACCOMMODATIONS IN
HOUSING) OF TITLE 17 (ZONING ORDINANCE) TO THE ADELANTO

MUNICIPAL CODE TO ESTABLISH FAIR HOUSING REASONABLE

ACCOMMODATION PROCEDURES

3. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 21/22-10-02- 146723 through 146885 in the total amount of $1,831,209.42.
b. Approval of City of Adelanto EFT, 21/22-10-02- 0 through 0 in the total amount of N/A.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

I. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the Adelanto Public Utility Authority 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 117
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4 Section 36934, unless otherwise directed by the City Council.

2. Receive and File Sewer Department Report.

3. Receive and File Water Department Report.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

J. PUBLIC HEARING

1. PUBLIC HEARING – A NEW SCREENING CRITERIA FOR SMALL PROJECTS USING

CARBON EMISSION THRESHOLDS IS RECOMMENDED TO MEET REQUIREMENTS OF SENATE BILL 743. (BRIAN)
RECOMMENDATION: Adopt amended Resolution 21-40-A after a public hearing to establish a new criteria for screening small projects using carbon emission thresholds.

RESOLUTION NO. 20-41A

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO ADOPTING CARBON DIOXIDE EQUIVALENT

THRESHOLDS OF SIGNIFICANCE FOR PURPOSES OF ANALYZING

TRANSPORTATION IMPACTS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Contracted Engineer Wolfe presented the staff report.

Sandy- provided a history on Senate Bill 743.

Mayor Reyes opened public comments at 8:04 p.m.

Diana Esmeralda- spoke about the Environmental Impact Report being important to the residents. She said this is not in the spirit of the General Plan.

Mayor Reyes closed public comments at 8:08 p.m.

Further discussion ensued regarding the item.
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5 MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to adopt amended Resolution 21-40-A after a public hearing to establish a new criteria for screening small projects using carbon emission thresholds.

Roll Call Vote:

Evans: No
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 4-1 (Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans voting no).

2. FIRST PUBLIC HEARING - SPEED ZONE STUDY FOR ADELANTO, APPROVE ORDINANCE NO. 630. (BRIAN)
RECOMMENDATION: Introduce first reading of Ordinance No. 630 for purposes of updating posted speed limits throughout the city.

ORDINANCE NO. 630

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO,COUNTY OF SAN BERNARDINO, AMENDING
CHAPTER 10.24 OF THE ADELANTO MUNICIPAL CODE

RELATING TO SPEED LIMITS ON CITYSTREETS
Contracted Engineer Wolfe presented the staff report.

Mr. Kirkpatrick- was available for questions.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 8:22 p.m.

Diana- spoke about the volume issues that Brian is having. She spoke about a need for a speed study on Hwy 395 and Air Express Way.

Mayor Reyes closed public comment at 8:25 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to introduce first reading of Ordinance No. 630 for purposes of updating posted speed limits throughout the city.

Roll Call Vote:
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6 Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

K. NEW BUSINESS

1. CONSIDERATION APPROVAL OF AMENDMENT TO THE EXISTING LEASE

AGREEMENT FOR THE ADELANTO STADIUM & EVENT CENTER BY AND BETWEEN THE CITY OF ADELANTO AND STADIUM MANAGEMENT GROUP, LLC. (ANGEL) RECOMMENDATION: Approve a First Amendment to the Lease Agreement for the Adelanto Stadium Event Center by and between the City of Adelanto and Stadium Management Group, LLC and authorize the City Manager to execute the First Amendment in substantially similar form to Attachment A.

Finance Director Castellanos presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes called a brief recess at 8:34 p.m.

Mayor Reyes reconvened the meeting at 8:40 p.m.

Mayor Reyes opened public comment at 8:45 p.m.

Diana Esmeralda- requested on behalf of the residents not to renew the contract.

Mayor Reyes closed public comment at 8:48 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Pro Tem Reyes, seconded by Council Member Jeannette to approve a First Amendment to the Lease Agreement for the Adelanto Stadium Event Center by and between the City of Adelanto and Stadium Management Group, LLC and authorize the City Manager to execute the First Amendment in substantially similar
Roll Call Vote:

Evans: Yes
Jeannette: Yes
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7 Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

2. CONSIDERATION AND ADOPTION OF A RESOLUTION AUTHORIZING A

PROCEDURE FOR DONATIONS TO NONPROFIT ORGANIZATIONS FROM THE ADELANTO COMMUNITY BENEFIT CORPORATION. (CITY ATTORNEY) RECOMMENDATION: Staff recommends that the City Council approve and adopt Resolution No. 22-23 authorizing the donations from the Adelanto Community Benefit Corporation to nonprofit organizations in order to provide financial assistance to community service organizations and nonprofit corporations.

City Attorney Suzie presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 9:41 p.m.

Diana Esmeralda- shared this should be under the parks and rec department which would allow the Planning commission to take care of it. She requested it be tabled for a workshop.

Mayor Reyes closed public comment at 9:44 p.m.

City Attorney Suzie Altamirano stated a workshop can be scheduled for a future date along with any amendment requests.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the attached Resolution No. 22-23 authorizing the donations from the Adelanto Community Benefit Corporation to nonprofit organizations to provide financial assistance to community service organizations and nonprofit corporations. with direction to staff to make revisions that will be brought back to the Council.

Roll Call Vote:

Evans: No
Jeannette: No
Jones: No
Ramos: Yes
Reyes: Yes
Motion fails 2-3 (Mayor Pro Tem Ramos and Mayor Reyes voting yes, Evans, Jeannette, and Jones voting no).
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8 Council gave direction to staff to revise the proposed policy and incorporate various comments that were offered this evening and schedule a workshop to give council the ability to discuss further.

3. CONSIDERATION OF DONATIONS FROM THE ADELANTO COMMUNITY BENEFIT

CORPORATION TO THE HIGH DESERT HISPANIC CHAMBER OF COMMERCE, IN THE AMOUNT OF ($7,000), SUPREME TOUCH MINISTRIES, IN THE AMOUNT OF ($7,000), HD QUEENZ IN THE AMOUNT OF ($3,000), AND ADELANTO LITTLE LEAGUE IN THE AMOUNT OF ($3,000). (CITY ATTORNEY)
RECOMMENDATION: Staff recommends that the City Council discuss and consider appropriating funds from the Community Benefit Corporation in accordance with adopted procedures.

Council agrees to table this item to a date uncertain since item #2 was not approved.

4. DISCUSSION ITEM - PRESENTATION BY LANWAN REGARDING CITY WEBSITE UPGRADES. (MAYOR)
RECOMMENDATION: Staff recommends that the City Council provide staff with direction and feedback.

A representative from LANWAN presented a presentation.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 11:01 p.m.

Diana Esmeralda spoke about having 4 IT employees within the city and compared costs to the city of Victorville.

Mayor Reyes closed public comment at 11:05 p.m.

Further discussion ensued regarding the website.

L. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

M. FUTURE AGENDA ITEMS
Mayor Pro Tem Ramos requested visiting the food truck ordinance in the future.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeannette to revisit the food truck ordinance.
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Concurrent Regular & Special Meeting
April 27, 2022
9 Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

Reyes requested staff pull paperwork for the Chief John Laetke educational fund and who / where it can be donated.

MOTION: Moved by Mayor Reyes seconded by Mayor Pro Tem Ramos to staff pull paperwork for the Chief John Laetke educational fund and who / where it can be donated.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

N. PUBLIC COMMUNICATIONS
None.

O. ADJOURNMENT
The next Regular Meeting of the City Council will be held on May 11, 2022, at 7:00 pm.

There being no further business to discuss the Chair adjourned the meeting at 11:16 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to adjourn the meeting.

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
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City Council Minutes
Concurrent Regular & Special Meeting
April 27, 2022
10 Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
124

CITY COUNCIL AGENDA REPORT
DATE: February 8, 2023
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 125
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 January 25, 2023, the City Council adopted Resolution No. 23-02 re-authorizing modified remote teleconference meetings through February 24, 2023, to ensure all meetings in the City are covered by the modifications made available under AB 361, staff recommends the Council adopt the attached resolution.

FISCAL IMPACT:

There is no fiscal impact to the City.

ATTACHMENTS:

Resolution No. 23-09
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- 1 -
RESOLUTION NO. 23-09

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 FEBRUARY 8, 2023, THROUGH FEBRUARY 28, 2023, 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 127
RESOLUTION NO. 23-09
- 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 128
RESOLUTION NO. 23-09
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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, on November 22, 2022, the City Council adopted Resolution No. 22-79 reauthorizing modified remote teleconference meetings through December 22, 2022; and WHEREAS, on December 14, 2022, the City Council adopted Resolution No. 22-82 reauthorizing modified remote teleconference meetings through January 13, 2023; and WHEREAS, on January 11, 2023, the City Council adopted Resolution No. 23-01 reauthorizing modified remote teleconference meetings through February 10, 2023; and WHEREAS, on January 25, 2023, the City Council adopted Resolution No. 23-02 reauthorizing modified remote teleconference meetings through February 24, 2023; 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 February 8, 2023, until February 28, 2023. 129
RESOLUTION NO. 23-09
- 4 -
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 8
th day of February 2023.
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
130
RESOLUTION NO. 23-09
- 5 -
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 23-09 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 8
th day of February, 2023 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 8
th day of February, 2023.
______________________________
Brenda Lopez, City Clerk
131

CITY COUNCIL AGENDA REPORT
DATE: February 8, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, P.E., City Engineer
SUBJECT: Tract Map Single Family Residential Lots-20401 Final Acceptance STAFF RECOMMENDATION:

Staff recommends City Council receive and accept Tract Map 20401 consisted of 107 Single-Family Residential Lots as submitted and authorize the Mayor to sign the Acceptance Certificate for Tract Map 20401 on behalf of City Council.

BACKGROUND:

Planning Commission approved Tentative Tract Map 20401 by resolution no. P-21-01 at their March 3, 2021 meeting to subdivide one to subdivide a 30.15 acre property into 107 single-family residential lots and 3 retention basin lots, located at the southwest corner of Seneca Road and Stevens Road in the R1 zoning district in the City of Adelanto, based on the findings and subject to conditions of approval. (APNS:
3103-361-09 ,10, 11,12.). The City Engineer and Surveyor reviewed this Tract Map and have determined substantial conformance with the Tentative Map. All necessary corrections have been made. This property is owned by D.R. Horton Los Angeles Holding Company, Inc.

Staff recommends City Council approval and signature by the Mayor for acceptance of Tract Map 20401 to allow recordation by San Bernardino County Recorder’s Office.

FISCAL IMPACT:

None
ATTACHMENTS:

A. Tract Map 20401

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133
134
135
136
137
138
139
140

CITY COUNCIL AGENDA REPORT
DATE: February 8, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, P.E., City Engineer
SUBJECT: Parcel Map Light Manufacturing-20495 Final Acceptance STAFF RECOMMENDATION:

Staff recommends City Council receive and accept Parcel Map 20495 consisted of 10 light manufacturing tracks as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20495 on behalf of City Council.

BACKGROUND:

Planning Commission approved Tentative Parcel Map 20495 by resolution no. P-22-30 at their September 7, 2022 meeting to subdivide one 20-acre parcel into ten parcels with six lettered street and drainage lots in conformance with CUP 18-17 and LDP 18-15 on a site located at the southeast corner of Air Expressway and Daisy Road in the Light Manufacturing (LM) zoning district in the City of Adelanto, California (APN: 0459-113-03). The City Engineer and Surveyor reviewed this Parcel Map and have determined substantial conformance with the Tentative Map. All necessary corrections have been made.

This property is owned by Lan Fang Yu.

Staff recommends City Council approval and signature by the Mayor for acceptance of Parcel Map 20495 to allow recordation by San Bernardino County Recorder’s Office.

FISCAL IMPACT:

None
ATTACHMENTS:

A. Parcel Map 20495

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142
143
144
145
146
147

ADELANTO PUBLIC UTILITY AUTHORITY
DATE: February 8, 2023
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Saba Engineer, P.E., City Engineer
SUBJECT: PROFESSIONAL SERVICE AGREEMENT FOR DESIGN SERVICES FOR DRILLING A

NEW GROUNDWATER PRODUCTION WELL
STAFF RECOMMENDATION:

Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Wood Rodgers in the amount of $126,060 for Design Services for Drilling a New Groundwater Production Well and authorize the City Manager to sign the agreement on behalf of the City Council.

BACKGROUND:

The City of Adelanto Water Department (Department), through the Adelanto Public Utility Authority (APUA), is charged with providing safe, good quality, uninterrupted water at a reasonable pressure, to meet health and fire protection needs of that portion of the City served by the public water system. The Department must operate and maintain the water utility system in accordance with the City of Adelanto’s ordinances and policies and the Environmental Protection Agency’s Safe Drinking Water Act.

The Department provides water service and wastewater service to approximately 27,139 residents of Adelanto. The City obtains all of its water supply from local groundwater in the Mojave River Groundwater Basin, commonly referred to as the Mojave Basin Area. The City has obtained some water from its connection with the Victorville Water District, which is also from local groundwater sources. The current City’s water system is working through seven (7) active production wells.

New development throughout the City places additional demands upon existing facilities and often requires the construction of new or expanded facilities to maintain service standards. To ensure that the Department has sufficient supplies to meet those growing demands, the Department intends to drill a new groundwater production well to supplement the Department’s potable water supplies. The potential well site is anticipated to be located within the Department’s existing well field, generally located east of the Department’s water treatment plan at 14770 Turner Road and west of the Mojave River in the City of Adelanto (Attachment no. 2).
148
DISCUSSION:

December 13, 2022, a Request for Proposals (RFP) for a design service was released and made publicly available on the electronic plan room and City’s website. On January 17, 2023, one (1) proposal was received from Wood Rodgers. The proposal was reviewed by a panel of staff members using the City’s standard rating system requirements of the RFP and it was determined that the proposal met the requirements of the RFP. Wood Rogers has extensive experience and successfully completed similar projects for numerous cities Statewide. The panel determined Wood Rogers demonstrated the capability to provide design services for Drilling a New Groundwater Production Well Project.

If awarded by the City Council, project design is anticipated to begin in February 2023 and project design completion is anticipated for November 2023.

Staff recommends City Council approval to award of a Professional Service Agreement (PSA) with Wood Rodgers in the amount of $126,060 for Design Services for Drilling a New Groundwater Production Well
FISCAL IMPACT:

Estimated Project Cost
Design Contract $ 126,060
Project Management (5%) $ 6,303
Total Estimated Project Cost $ 132,363
No General fund impacts are associated with this request. Enough funding is available in Water Fund, account no. 353-3530-511-06
ATTACHMENTS:

Attachment No. 1 Professional Service Agreement with Wood Rogers Attachment No. 2 Location Map

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1 ATTACHMENT 1

PROFESSIONAL SERVICES AGREEMENT
150
2 February 8, 2023

PROFESSIONAL SERVICES AGREEMENT
Engagement: Design Services for Drilling a New Groundwater Production Well Parties: Wood Rodgers
and City of Adelanto
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this _8_day of __February_ 2023 (hereinafter, the “Effective Date”) by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, “CITY”) and Wood Rodgers, (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional consulting services for the design for drilling a new groundwater production well; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Adelanto City Council at its Regular Meeting of February 8 ___, 2023.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

ENGAGEMENT TERMS

1.1 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Professional Services Related to the Design Services for Drilling a New Groundwater ”, (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “Professional Services Related to the Design Services for Drilling a New Groundwater” (hereinafter, the “CONSULTANT Proposal”) dated January 17, 2023. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL.

The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT 151
3 PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.2 PROSECUTION OF WORK:

A. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY’s issuance of a Notice to Proceed. CONSULTANT shall complete the various tasks identified in the Scope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before December 31, 2023 (the “Completion Date”); B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with “Fee Proposal to Provide Professional Services Related to the Design Services for Drilling a New Groundwater Production Well” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of One Hundred and Twenty Six Thousand and Sixty Dollars ($126,060) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable outof-pocket expenses incurred. If the amount of CONSULTANT’s compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should 152
4 indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Saba Engineer, P.E. (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Joshua Sobolew, PG, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
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5 2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). 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; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at 154
6 CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 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.

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and 155
7 not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will 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, workers’ compensation insurance and the like.

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: 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 non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to 156
8 CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this 157
9 Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

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

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

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

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 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.

3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these 158
10 requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.

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.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or 159
11 any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

4.8 WORK OF CONSULTANT’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONSULTANT’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to 160
12 the established comparative liability.

4.9 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.

4.10 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.

4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers.

4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
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13 4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.14 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this 162
14 Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
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15 C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
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16 iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT 165
17 without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:

Wood Rodgers
3301 C Street- Bldg. 100-B
Sacramento, CA 95816
Attn: Joshua Sobolew, PG
Phone: (916) 341-7760
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Saba Engineer, P.E.

Phone: (760) 246-2300
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona 166
18 fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents 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 will 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, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
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19 6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
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20 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF ADELANTO:

By:_______________________________
Name:_____Jessie Flores__________
Title:______City Manager__________
Date:_____________________
APPROVED AS TO FORM:

By:____________________________
Marc Tran, City Attorney
WOOD RODGERS:

By:_______________________________
Name:____________________________
Title:____________________
Date:_____________________
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21 EXHIBIT “A”

CITY RFP
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EXHIBIT “B”

CONSULTANT PROPOSAL
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AA!!A!
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January 17, 2023
City of Adelanto| Proposal for
Professional Services Related to the
Design Services for Drilling
a New Groundwater
Production Well
197
Corporate Office: 3301 C Street, Bldg. 100-B • Sacramento, CA 95816 • TEL 916.341.7760 • Fax 916.341.7767 Offices located in California and Nevada
www.woodrodgers.com
January 17, 2023
City of Adelanto
ATTN: Saba Engineer, PE
Subject: Proposal for Professional Services Related to the Design Services for Drilling a New Groundwater Production Well
Dear Saba Engineer,
Wood Rodgers, Inc. appreciates the opportunity to provide the City of Adelanto (City) with our Proposal to provide services outlined in City’s Request for Proposal for Professional Services Related to the Design Services for Drilling a New Groundwater Production Well. We understand the City’s need to locate a new groundwater production well that meets the City’s capacity objectives within or near their service area. Prior to performing a system-wide well siting study, our approach includes first focusing on assessing the City’s preferred well location at the existing well field east of Turner Road near the Mojave River. If this assessment determines the existing well field is feasible of meeting the City’s capacity objective of 3,000 gpm, a system-wide well siting study will be negated, saving cost and schedule to the City. Our approach is further described in our proposal.

Our hydrogeologists, geologists, and engineers are experts in municipal well siting, well assessment, well rehabilitation, well modification, well design, construction, and operation. Wood Rodgers specializes in preparing exploratory drilling programs, and plans and specifications for municipal wells. We have an outstanding team of professionals for this project that will provide City with exceptional service for the following reasons, which are discussed in greater detail within our proposal:
• Over the past 15 years, Wood Rodgers’ Water Supply/Groundwater Group has provided exceptional hydrogeologic and engineering consulting services to over 80 municipal clients, including cities, counties, water districts, tribes, and over 20 private companies throughout California. • Our hydrogeology team is well versed in well design standards and requirements by the California State Water Resources Control Board Division of Drinking Water, California Department of Water Resources, and the San Bernardino County Public Health Environmental Health Services. • Our hydrogeology team has a combined experience of nearly 75 years in planning, assessing, and designing over 155 municipal supply wells in southern California since 2018. • Our hydrogeology team members are highly trained in providing hydrogeologic assessments and evaluation of historical data to evaluate for changes in groundwater basin conditions.

The proposed Wood Rodgers Team is of the highest quality and is committed to providing City with a successful project. Our Project Manager, Joshua Sobolew, is a registered Professional Geologist with extensive municipal well experience in Southern California. He will be in close communication with the City throughout the project duration. This proposal is a firm offer valid for a period of 90 days. If you have any questions or require additional information, please feel free to call us. We appreciate the opportunity to be of service to City on this project.

Sincerely,
Kevin Gustorf, PE Joshua Sobolew, PG
PIC, Vice President Project Manager
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Background of Firm
Wood Rodgers, Inc.’s client
base is spread throughout
California, including over 15
municipal water purveyors
located within the greater
Los Angeles region. Our
growth has been mostly
attributed to word-of-mouth
recommendations generated
because of the high quality of
our work, our dedication to
our projects, and the quality
of our staff. We have also
been told our fresh approach
and innovative ideas have
brought success to difficult
projects.

Our firm was founded by two
engineers who set out to create a consulting firm focused on providing innovative engineering solutions to meet the sometimes challenging, and often urgent, needs of their clients. Our staff, including professionally registered geologists, certified hydrogeologists, civil, mechanical, structural, and geotechnical engineers, and landscape architects embrace this mindset to provide the best possible service to our clients.

Wood Rodgers’ Water Supply Group, a division of Wood Rodgers’ Water Resources Department, has provided hydrogeologic and engineering consulting services to over 80 municipal clients throughout California. Our services include regional groundwater studies, well siting studies, source capacity planning, municipal well design and construction projects, well rehabilitation projects, pumping plant designs, and design of water treatment systems.

Over the past 15 years, Wood Rodgers has provided production well design and construction support services for over 100 wells (including treatment) and detailed assessments for 220 production wells.

Our Water Supply Group is highly knowledgeable of the local groundwater conditions and hydrogeologic system as it pertains to municipal water supply. Through our extensive experience studying, designing, and developing groundwater resources in the southern California region, we have developed the necessary understanding of spatial variations of groundwater quality. Coupled with our experience in planning level studies to assist in Capital Improvement Programs, we have the necessary experience to provide the services requested in this Request for Proposals. Our knowledge and approach to understanding the local hydrogeology are rooted in a framework developed while working for multiple municipal agencies, including for the Coachella Valley Water District, Indio Water Authority, City of Coachella, Nuevo Water District, Rancho California Water District, City of Hemet, California Water Service Company – Leona Valley System, Long Beach Water Department, City of Anaheim Public Utilities, and Golden State Water Company. Our team of licensed professional geologists, certified hydrogeologists, civil and mechanical engineers have been collaborating on similar projects for over a decade, which allows a streamlined approach to water infrastructure planning and design projects, to our client’s benefit. 199
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Subcontractor
Wood Rodgers has teamed with C Below, Inc. (C Below) to provide subsurface utility clearance services. C Below offers professional locating and mapping services throughout Southern California. Their highly experienced technicians utilize the most advanced equipment in the industry, with the ability to find horizontal and vertical locations of underground utilities including water, gas power, waste, communications, and cable/TV. Many different methods are used to locate these utilities. C Below will provide utility clearances prior to mobilization of the drilling rig.

Organization + Staffing
Wood Rodgers has assembled an
accomplished team of engineers,
hydrogeologists and geologists that are
committed to providing the City of
Adelanto (City) with the highest quality
consulting service possible for this
project. Our proposed project team, as
shown in the Organization Chart, are
experienced in providing engineering,
source capacity, and hydrogeologic
assessments for municipal water
purveyors throughout California. All
team members have availability
throughout the duration of this project,
and we have the capacity to start work
immediately upon notice to proceed.

Resumes for all our team members are
provided at the end of our proposal.

Kevin Gustorf, a licensed Professional
Engineer, will serve as the Principal-In-Charge and will provide support to design services related to above grade planning including the potholing plan at the selected well site. Sean Spaeth, a licensed Professional Geologist and Certified Hydrogeologist in the state California, will provide overall technical oversight. Josh Sobolew, a licensed Professional Geologist in the state of California, will serve as our Project Manager managing the team, budget’s, schedules, progression of design services of the project. Josh will serve as the City of Adelanto’s primary day-to-day contact and will provide project coordination throughout the course of the project. Quality Assurance/Quality Control for this project will be provided by Eros Bilyeu, a Professional Geologist and Certified Hydrogeologist in the state of California. Brief bios of key staff are also provided below:

Kevin Gustorf, PE, QSD | Principal-in-Charge
Education | BS, Civil Engineering, Loyola Marymount University Registrations | Registered Professional Engineer, California No. 64755 Kevin is a registered professional engineer with over 20 years of leadership and expertise in the water resources field.

His experience in water resource engineering includes the planning, design, construction and management of a wide variety of projects for local municipal public works agencies, special districts and private sector clients throughout the state of California. His diverse project experience includes water and wastewater master planning, hydraulic modeling, hydraulic analysis and studies, as well as the design of water and wastewater infrastructure, including wells, pump/lift stations, pipelines, tanks, reservoirs and control valves. 200
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Sean Spaeth, PG, CHG | Lead Hydrogeologist
Education | BS Geology, California State University, Chico; MS (coursework) Geology Program, California State University, Chico
Registrations | Registered Professional Geologist, CA No. 8878; Certified Hydrogeologist, CA No. 1004 Sean is a State of California licensed Professional Geologist and Certified Hydrogeologist with 19 years of experience managing the design and implementation of groundwater resource projects for public and private clients. His experience includes designing, budgeting, managing and implementing a diverse range of groundwater resource projects, including municipal well design, preparing plans and specifications, construction management, and construction/testing oversight; designing and implementing well assessment programs; designing and implementing well rehabilitation and modification programs; hydrogeologic assessments (site-specific and regional); and well siting studies; Additionally, he has assessed over 100 production wells reported to have decreased capacity or water quality issues for the purpose of determining if the issue is related to the well structure, the pumping equipment or groundwater basin. With these assessments, he has prepared well rehabilitation programs to restore lost capacity and improve water quality.

Josh Sobolew, PG | Project Manager
Education | BS, Geology, California State University, Fullerton Registrations | Registered Professional Geologist, CA No. 9771 Josh is a State of California licensed Professional Geologist with 11 years of experience in the water resource industry, providing well design, construction management and inspection services for many large-scale municipals well installation projects, as well as numerous monitoring wells, piezometers, exploratory boreholes, and well rehabilitation and redevelopment projects. His expertise is hydrogeologic data analysis and interpretation, pump design support, well permitting, well siting studies, developing drilling plans and specifications, preliminary design reports, and characterization of groundwater basins. Mr. Sobolew experience also includes recharge investigations, water quality profiling of wells, and data collection and management for large scale groundwater recharge and desalination projects.

Eros Bilyeu, PG, CHG, QSD/QSP, CGWP | Hydrogeology
Education | BS Geology, University of South Alabama
Registrations | Registered Professional Geologist, CA No. 9351; Certified Hydrogeologist, CA No. 1061 Eros is a State of California licensed Professional Geologist and Certified Hydrogeologist with 15 years of technical experience in high resolution hydrogeologic characterizations of groundwater basins and fractured bedrock aquifer systems. His experience includes providing hydrogeologic consulting services working with Federal EPA, military, aerospace sectors and municipal agencies within Southern California, including the development of SGMA conceptual models for numerical groundwater flow modeling. Mr. Bilyeu is skilled in evaluating complex geologic and hydrogeologic datasets to conduct well siting studies and well design and installations, including working with local, state, and federal agencies to characterize and develop an understanding of the vertical and geospatial distribution of groundwater contaminants, including for PFAS, chlorinated solvents, and compounds associated with aerospace and agricultural activities.
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Tim Chamberlain | Environmental
Education | BA, Political Science, University of California, Los Angeles Tim is a Senior Environmental Planner with Wood Rodgers, specializing in the project delivery through the environmental and permitting phases. Mr. Chamberlain has extensive experience preparing environmental technical studies and environmental documents and managing a team of environmental specialists from project concept through construction. Mr. Chamberlain has extensive experience in a variety of aspects of planning, including land use, environmental planning, and community outreach and engagement. Mr. Chamberlain is experienced in CEQA and NEPA analysis, document preparation, as well as presentations to planning and transportation commissions, city councils and other involved agencies and stakeholders. As a former Caltrans employee, Mr. Chamberlain received extensive training and experience in Intermodal Transportation Management System and GIS based programs.

Andrew Kieta, PG | Geologist
Education | BS, Geology and Integrated Earth Studies, California State Polytechnic University, Pomona Registrations | Professional Geologist California No. 10036 Andrew is a State of California licensed Professional Geologist with 11 years of experience providing hydrogeologic consulting services and water resource utility consulting. In addition, he has extensive experience in construction management during drilling and construction of large-diameter municipal water supply wells, monitoring wells, well database management, raw water treatment and field inspections. Most recently, Andrew worked as an internal hydrogeologic and water quality consultant for Golden State Water Company for 4 years. His expertise includes data management and analysis, well design, pump efficiency testing, and hydrogeologic reporting; including providing professional support on water wells and distribution systems for the private sector and for municipalities.is local southern California production well support services include projects for: City of Pasadena, City of Long Beach, Rancho California Water District, City of Santa Fe Springs, California Water Service Company, Niagara Bottling LLC, Golden State Water Company, Angus Petroleum, Irvine Ranch Water District, and Camp Pendleton.

Jazmine Titular-Mason, GIT | Geologist
Education | BS, Geological Sciences, California State University, Fullerton Registrations | Geologist-in-Training, CA No. 1294
Jazmine is a Geologist with 5 years of experience in drilling and well construction and has provided full-time inspection/oversight for high profile municipal well projects, exploratory test hole programs, well assessments, rehabilitation programs, and construction of monitoring wells. She is an experienced field geologist that has logged boreholes, provided geophysical logging interpretations, and performed construction and destruction inspection services for production and monitoring wells throughout California. She is also experienced in well rehabilitation projects including well cleaning, liner installation, and well redevelopment. She specializes in preparing maps and figures in GIS and AutoCAD delineating groundwater conditions and the development of specifications and plan sets for new well construction.
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Statement of Understanding & Approach
The City is seeking design services to install
a new municipal supply well with a
pumping capacity of 3,000 gallons per
minute (gpm) to meet the City’s increasing
water demands. The City currently
supplies potable water to customers within
their service area with local groundwater
and purchased water from neighboring
Victorville Water District. The service area
encompasses approximately 53 square
miles serving a residential population of
27,139, including 8,029 service
connections. The City currently operates
eight groundwater production wells, seven
of which are located outside of its service
area. Six of these wells (i.e., Well Field) are
east of the City, west of the Mojave River
and east of Tuner Road in Victorville,
California (see Exhibit A). Groundwater
produced from the Well Field is treated to
reduce concentrations of manganese and
iron to below drinking water standards.

The City’s service area is within portions of
the Victor Valley and south-central Mojave
Desert in San Bernardino County,
California. Groundwater production is
from the Upper Mojave River Valley
Groundwater Basin (Upper Mojave Basin);
however, production rates are highly
variable with respect to geographic
position in the valley. The Upper Mojave
Basin is bound by consolidated geologic
formations of the Shadow Mountains to the north, northeast and southeast by the Helendale Fault, east by basement exposures of the mountains surrounding Apple Valley, the south by the contact between the Quaternary sedimentary deposits and unconsolidated basement rocks of the San Bernardino Mountains, and the west by a surface drainage between the Upper Mojave and El Mirage Valley Basins. The section of Helendale Fault that bounds the northeast boundary of the basin is reported to not be a barrier to groundwater flow. However, geologic faulting within the vicinity of the City’s service area is reported to impede groundwater flow, resulting in significant differences in groundwater elevations relative to the fault. Of potential significance is the fault referred to as the Shadow Hills/Adelanto/Apple Valley Fault, which transects the valley in a stepwise fashion, bisecting the southern portion of the City trending northeast towards the Mojave River before trending southeast towards Apple Valley. This fault is known to act as a barrier to groundwater flow within the Upper Mojave Basin (Stamos 2001). Inferred faulting is coincident with an area of perched groundwater underlying the City. It is reported that in this area, groundwater flow is restricted in the deeper regional aquifer, but the overlying flood plain aquifer. Significant to the City, the Mojave River is the primary drainage and provides direct groundwater recharge to the Upper Mojave Basin which directly benefits the Well Field (DWR Bulletin 118).
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The City identified a preferred well location near its existing Well Field on Turner Road in Victorville, California near the Mojave River (see Exhibit A). Wood Rodgers preliminary assessment of the production rates near the City’s existing Wells 6 and 7, and Well Field suggest groundwater production near the Mojave River are typically significantly higher as compared to wells located further west. Wood Rodgers review of available data suggests the City has a higher likelihood of meeting its production objective of 3,000 gpm by constructing an additional well near the Well Field, whereas wells constructed further west have reported pumping capacities less than 500 gpm. Wood Rodgers’ approach includes performing a focused hydrogeologic evaluation of the Well Field, and only where our analysis does not support constructing an additional well at the Well Field, expanding the well siting study to the City’s service area.

If the preferred well site appears feasible to meet the City’s stated production objective of 3,000 gpm, at the concurrence of the City, Wood Rodgers will omit the well siting study task (subtask 2.3), reducing the overall project cost and schedule.

Constructing a new well at or near the Well Field will also allow the City to utilize existing infrastructure (i.e., pipelines, treatment plant, electrical, etc.) reducing the overall capital cost associated with constructing a new groundwater production well. However, the existing infrastructure would need to be evaluated to determine if there is available capacity or if upgrades are required. Constructing a new groundwater production well at the Well Field will be contingent on the estimated mutual pumping interference between existing active wells and the proposed groundwater production well. The Well Field provides historical hydrogeologic data which will be valuable in our assessment in evaluating potential pumping related impacts. If the site is not suitable for a new well by either not meeting the production objectives, unacceptable water quality, and/or a large degree of estimated mutual pumping interference, then Wood Rodgers will proceed with a well siting study of the City’s service area.

Wood Rodgers’ scope of work includes the requested well siting study per the Request for Proposal. The well siting study will include a review of existing data and reports regarding the geology and hydrogeology of the underlying groundwater basin; reviewing historical records for existing well production performance and water quality; and conducting site visits to assess the suitability of constructing and operating a new groundwater production well. Our scope of work is further described in the section below.

Wood Rodgers hydrogeologists are Southern California municipal well experts with a mission to develop an understanding of the hydrogeologic system to prepare technically accurate and cost effective plans to achieve the desired goals, at minimal cost and impact to the local area. Our approach to municipal water wells is to prepare an understanding of the anticipated water quality and provide a municipal well design to target the aquifers with the best water quality, inclusive of construction materials and construction methods to achieve an extended service life.

Scope of Work
Task 1 – Project Management and Meetings
Task 1.1 – Project Management and Meetings
The management of project scope, schedule, and budget are critical to project success. Deviating from the established scope will result in delays to the project schedule, ultimately resulting in project milestones not being met, and will undoubtedly result in increased cost. Wood Rodgers will manage these three factors to deliver a successful project that is completed on-time and within budget.

Task 1.2 – Kickoff and Progress Meetings
Wood Rodgers will start the project with a project kick-off meeting with the City to review project objectives and approach; establish lines of communication; provide a baseline project schedule; and discuss the project execution strategy. At the onset of the project, Wood Rodgers will present the project milestones, deliverables, and responsibilities in the form of a project schedule. This schedule will serve as a guide for all project participants throughout the course of the project and will be updated regularly. Routine correspondence, monitoring of project progress and quality control are included under Task 1.2. Wood Rodgers will attend a progress meeting for the 60- and 90-percent technical specification submittals, and will provide monthly updates via email or conference call. 204
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Deliverables: Kick-Off Meeting Agenda (Adobe PDF);
Project Schedule (MS Project; Adobe PDF);
Monthly Email Updates (MS Outlook)
Task 2 – Prepare Well Siting Study
Task 2.1 – Data Research
Wood Rodgers will review available hydrogeologic, operational, and system data and published literature for the area surrounding the City’s desired well location and within their service area, including nearby well information, historical groundwater quality data, historical static and pumping groundwater levels, instantaneous pumping rates, specific capacity data, and historical plant efficiency tests. Groundwater quality data and sites of environmental concern will be obtained from the California Division of Drinking Water and Geotracker online databases. It is assumed that the City will provide applicable GIS and/or CAD files for existing infrastructure and improvements from which to prepare exhibits.

Deliverables: Request for Information (Adobe PDF)
Task 2.2 – Hydrogeologic Characterization and Assessment of the Preferred Well Site Geology + Hydrogeology
The groundwater system underlying the City’s service area generally consists of alluvial sediments separated into two distinct aquifer systems (generally less than 450 feet of combined effective thickness) that unconformably overlies competent basement rock (i.e., hard rock). Groundwater quality is largely acceptable; however, there may be localized areas of elevated, arsenic, iron, manganese, and/or fluoride. Data from the City’s well field and from other wells in area will be assessed to prepare a system-wide conceptual geologic cross-section to depict the regional structure and depth of the underlying alluvial aquifers and the contact with the basement complex rocks. The cross-section will be expanded upon to further characterize the saturated aquifer thickness (based on groundwater levels), aquifer-specific groundwater quality, and well yield within the water system.

Well Yield
Wood Rodgers will prepare an exhibit of the reported yield for each of the City’s wells to spatially identify relationships of well yield with well depth and geographic location within and around the City service area. The exhibit will demonstrate anticipated production throughout the water system.

Groundwater Levels and Specific Capacity
Wood Rodgers will plot groundwater level (static and pumping), production rates, and specific capacity data provided by the City for each well where these data are available. The specific capacity of a well is the calculated value of the pumping rate divided by the drawdown. The specific capacity of a well is a time-dependent parameter used to predict total drawdown in a well, but also is valuable in determining current well performance. Specific capacity generally decreases the longer the well is pumped and with age. To better understand the potential specific capacity for an area, data reported at the time of construction is the most valuable metric to be used – assuming depth to groundwater is not highly variable or has not significantly changed. The data will be utilized to assess potential well performances within the groundwater basin.

Hydrogeologic Characterization
The characterization of the groundwater basin will include preparing an understanding of the anticipated geologic formations, groundwater level conditions, estimated production rate, and anticipated water quality of a new groundwater production well. Known hydrogeologic characteristics will be used to assess potential impacts to the operation of existing wells because of simultaneously operating all production wells (mutual pumping interference).

Based on the hydrogeologic characterization and understanding of the well field operation, Wood Rodgers may recommend exploratory drilling program at the preferred well site. It should be noted drilling costs and inspection services have not been included in this proposal and may be requested upon request. 205
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Where the hydrogeologic characterization does not support developing an additional well at the preferred location, Wood Rodgers will expand the well siting study to include the City’s service area, as discussed in Task 2.3.

Preferred Well Site Assessment
Wood Rodgers will coordinate a site visit to the City’s preferred well site to identify features that could affect the suitability for a new groundwater production well. During the site visit, Wood Rodgers will document visible existing utilities and City owned infrastructure. An assessment as to the constructability will be performed in addition to the ability to permit a new well as a drinking water source that meets California State Water Resources Control Board Division of Drinking Water (DDW) regulatory offset requirements. The preferred well site will be further evaluated by reviewing existing well information: well construction details, current well performances, historical water quality, and historical water levels. Further data sets will include information from nearby wells (if any) and hydrogeologic and geologic assessments within and/or near the preferred well site. From these two data sources, Wood Rodgers will characterize the groundwater basin within the preferred well site area.

Deliverables: Groundwater Characterization and Assessment of the Preferred Well Site (Adobe PDF) Task 2.3 – Prepare Well Siting Study Within City of Adelanto’s Service Area Where the preferred well site is not feasible, a well siting study will be implemented utilizing data aggregated in Task

2.2. The objective of the well siting study will be to identify a feasible location to drill, construct and test a new municipal supply well. Multiple components need to be understood to identify an optimal location to construct a new municipal supply well, with the objective of meeting the City’s production and water quality objectives. In addition, it is important to understand not only the cost to construct the well and ancillary facilities, but for operations and maintenance. These variables include: the underlying hydrogeology; variations in water quality; groundwater levels; well yield and specific capacity, and proximity to City owned infrastructure (i.e., electricity, distribution pipelines, water treatment, and other production wells). In addition, the ability of a selected well site to satisfy regulatory requirements for the permitting of a new potable source will dictate the location. From this understanding, capital costs and operational costs can be better understood to plan for consistency in pumping and treatment technologies.

Potential well sites will be identified by utilizing our understanding of the hydrogeologic system and cross referencing with parcels of sufficient size. City-owned property will be given preference, however, suitable parcels within reasonable distance to existing infrastructure will be considered. Features known to have minimum regulatory offsets will be identified in addition to constructability requirements, proximity to known groundwater contamination and/or land uses that pose potential threats, mapped flood plains, location of active and inactive wells, and the distribution system. A list of up to ten feasible locations will be created, with further analysis of the top two sites advanced to include the anticipated depth for a new well.

Well Siting Analysis – Available Parcels, Regulatory Offsets, and Potential Contaminant Activities The well siting study will aggregate the variables noted above with an evaluation of parcels of sufficient size to accommodate the construction of a municipal supply well, including associated pump station and possible water treatment systems. Inactive and active well sites will also be reviewed to determine if sufficient area is available to install a new groundwater production well. This evaluation will consider not only constructability and regulatory requirements to permit the well as a potable source, but also benefits to the distribution system hydraulics and the pipeline necessary to connect to the water system. Wood Rodgers will incorporate County assessor parcel data and query parcels of sufficient size to accommodate a new well site, including the associated pump station and possible treatment infrastructure.

The well siting analysis will consider known and existing groundwater contamination plumes, areas or aquifers of poorquality groundwater, potentially contaminating activities (PCAs), proximity to petroleum facilities (including pipelines), Federal Emergency Management Agency (FEMA) mapped flood zones, and proximity to existing distribution and electrical utilities. Additionally, low pressure areas within the distribution system will be evaluated to determine if there are opportunities to benefit system pressure. Exhibits will be prepared utilizing ArcPro GIS to illustrate sites that are determined to be of sufficient size to support the development of a new groundwater well. 206
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Well Site Ranking
Criteria will be established to rank each of the well sites based on key factors, including ability to meet the project capacity objective based on saturated alluvial aquifer thickness; project water quality objective while avoiding arsenic, iron, manganese and/or fluoride treatment; and proximity to potential sources of contamination (i.e., septic tanks); construction accessibility; construction water supply; and existing electrical power. Additional factors to be considered include regulatory and permitting requirements, discharge considerations, site layout, production potential, and the degree of anticipated well interference.

Wood Rodgers will coordinate with the City and conduct a site visit to the top two ranked sites to confirm regulated features, associated minimum regulatory offsets, and access for well drilling equipment. The well site ranking will be revised, as necessary, based on field-observed conditions that may affect the initial scoring. For the top two ranked sites that have concurrence from the City, Wood Rodgers will prepare a detailed site map to determine the appropriate regulatory setback requirements and any construction offset requirements (e.g., overhead power lines or other obstacles).

Well Siting Study
A well siting study will be prepared to summarize the information and data reviewed in the preceding tasks. The primary objective of the report will be to recommend two of the highest ranked locations to drill and construct a new municipal supply well. A secondary objective of the well siting study will be to provide the City with a conceptual understanding of the underlying hydrogeologic system sufficient to render decisions into the future, outside of this project.

The well siting study will include a summary of the hydrogeologic setting (including a conceptual geologic crosssection), hydrogeologic conditions ascertained from groundwater level data and water quality data, summary results of the well site ranking and evaluation, and our opinion as to the likelihood of the highest-ranked well sites meeting the project objectives for capacity and water quality. Wood Rodgers will provide the City with a summary of the well site ranking, and our recommendation for two specific sites with priority ranking to develop new groundwater sources.

Detailed photos and site maps of each recommended well site will also be provided that identifies the site boundaries, roads, existing buildings, site access, existing utilities, and any other pertinent features.

Where additional data is required to determine the feasibility of the top-ranked well sites with regard to the project objectives for capacity and/or water quality, the report will include recommendations for conducting a hydrogeologic exploratory drilling program and water quality assessment at the highest-ranked sites. The draft report will be submitted to the City for their review and comment prior to finalizing the well siting study.

Deliverable: Draft and Final Well Siting Study Report (Adobe PDF) Task 3 – Perform a Phase 1 Site Assessment
Wood Rodgers will prepare a hazardous waste initial site assessment to identify any potential hazards or hazardous waste within or nearby the selected well site, as well as facilities located within the project study area that store, transfer, or utilize large quantities of hazardous materials. Wood Rodgers will conduct an agency records search to identify all hazardous waste sites located within a quarter mile of the project study area and classified as a hazardous waste site under state law. Wood Rodgers will conduct a visual survey of the project area during a site visit to identify any obvious hazardous waste contamination. If hazardous waste or materials are identified within the project area, the ISA will identify subsequent procedures to determine the extent of contamination and remediation requirements.

Wood Rodgers will complete the Phase I ESA in general conformance with the scope and limitations of the American Society of Testing and Materials (ASTM) practice entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, Designation E 1527-13 (ASTM-E-1527-13).

Deliverable: Phase 1 Site Assessment (Adobe PDF)
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Task 4 – Prepare Preliminary Design Report
Wood Rodgers will prepare a Preliminary Well Design Report (PDR) to provide the City with the basis of design, anticipated production capacity, anticipated groundwater quality, proposed well design, and an Opinion of Probable Cost for construction of a new groundwater production well. The PDR will summarize the hydrogeologic conditions, anticipated drilling conditions and operating parameters, based on the information collected and developed under Tasks 2 and 3. The number of isolated aquifer zones and total depth of the new well will be considered in terms of what may be necessary to achieve the desired production and water quality objectives (recommended to occur between Tasks 2 and 4).

Construction logistics, permitting, and appropriate DDW setbacks from infrastructure and sanitary features will also be considered for a new groundwater production well. The report will include a preliminary design for the proposed well and a planning-level estimate of contractor costs. At a minimum, the well PDR will include the following:
 Sources of data
 Site investigation results
 Preliminary well site plan
 Anticipated hydrogeologic conditions
 Estimated production potential
 Anticipated completed well water quality
 Projected pumping water level
 Recommended well drilling method
 Anticipated selected aquifers and number of
isolated aquifer zones
 Preliminary well design
 Discharge considerations
 Cuttings and drilling fluids disposal
 Construction water source
 Sequence of drilling operations
 Permitting considerations
 Site control zone and setback requirements
 Evaluation of existing distribution system
capacity
 Opinion of Probable Cost
 Overall project schedule
Wood Rodgers will prepare a draft report with assumptions, preliminary site layouts, design criteria, and design options for the City to review and comment. After their review, Wood Rodgers will incorporate all comments and finalize the PDR.

Deliverable: Draft and Final Preliminary Design Reports (Adobe PDF) Task 5 – Prepare Technical Plans, Specifications, and Engineer’s Estimate Wood Rodgers will use our standard technical specifications developed from pastsuccessful Wood Rodgers’ municipal well projects as a basis for the project specifications. These specifications have been developed over the years and are considered to be industry standard. Critical aspects of the design to be incorporated into the municipal well technical specifications include the following:
 Existing well locations and preliminary well design
 Anticipated hydrogeologic conditions
 Permits and regulatory requirements
 Noise mitigation requirements
 Best Management Practices
 Construction water discharge compliance
 Waste disposal
 Construction water source
 Mobilization, demobilization, staging, parking,
and traffic control
 Equipment, materials, and records to be furnished
by the contractor
 Well drilling and construction procedures,
including:
 Conductor casing and sanitary seal installation
 Borehole drilling and formation sampling
 Borehole alignment testing
 Geophysical logging
 Isolated aquifer zone testing
 Borehole reaming
 Installation of well casing and screen
 Installation of ancillary tubing (i.e., gravel tube,
sounding tube, camera tube, etc.)
 Gravel envelope design and placement
 Installation of annular cement seal
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 Well development procedures
 Initial development by swabbing and airlifting
 Final development by pumping and surging
 Aquifer testing
 Short-constant rate tests (four flow rates)
 Long-term constant rate drawdown test (24-hour)
 Recovery test
 Flowmeter survey
 Groundwater sampling for Title 22 analysis and
sampling
 Post-construction downhole video survey
 Well plumpness and alignment surveys
 Well disinfection
 Site restoration and final inspection
 Project records documents and contract closeout
The construction plans (i.e., drawings) will be prepared using AutoCAD Civil 3D and will follow City’s standards, including drawing size, drawing border, and title block. Wood Rodgers will submit construction plans and technical specifications to the City at the 60-percent and 90-percent design development stages for review and comment. The submittals will include electronic copies of the drawings in AutoCAD capable of being printed in 11-inch by 17-inch and/or 22-inch x 34-inch, Adobe PDF format documents, and the technical specifications in Microsoft® Word format.

Wood Rodgers will submit the final bid package to the City in electronic AutoCAD and Microsoft® Word formats, and will be incorporated with the City’s standard front-end documentation to form a complete bid package suitable for soliciting contractor bids. Wood Rodgers will modify the front-end documents, as appropriate, to include a bid schedule that has specific line items showing units and unit quantities for the work. Wood Rodgers understands that City will be responsible for preparing the Notice Inviting Bids.

Wood Rodgers will also prepare a potholing plan for locating and profiling existing critical underground utilities at the selected well site. Wood Rodgers has teamed with C-Below to execute the potholing plan developed as part of this scope at the selected well site, with the findings included in the final construction plans.

The final construction plans and technical specifications will be incorporated into City’s bid documents and advertised through the City’s public bid advertisement website. The bid package will include an opinion of probable cost to install the new well, which will be based on recent bid tabulations in the Southern California area.

Deliverable: 60-, 90-, and 100-percent Technical Plans, Specifications, and Engineer’s Estimate (MS Word and Adobe PDF)
Task 6 – Drinking Water Sources Assessment and Protection (DWSAP) Documents A DSWAP Report for the City’s proposed groundwater production well will be prepared following the established guidelines and templates from DDW and will provide a source water assessment for the new well. The report will include the location of the new well, a delineation of the source area and protection zones, an evaluation of the site characteristics for physical barrier effectiveness, an inventory of potentially contaminating activities (PCAs) within each capture zone, and the vulnerability ranking for the well. Wood Rodgers will utilize the State Water Resources Control Board (SWRCB) GeoTracker website to identify PCAs.

All of the information gathered above will be compiled into the report template provided by DDW to include the Assessment Summary, Vulnerability Summary, Delineation of Groundwater Protection Zones, Physical Barrier Effectiveness Checklist, PCA Inventory Form, Vulnerability Ranking, and a Well Data Sheet. An exhibit illustrating the well location, the calculated groundwater capture zones (2-year, 5-year, and 10-year travel times), and the identified PCAs within each will be included. The DWSAP will be submitted to City of Adelanto for distribution to DDW.

Deliverable: Preliminary Drinking Water Source Assessment and Protection (DWSAP; and Adobe PDF) Task 7 – Permit Assistance
Wood Rodgers will identify and submit a list of all permits necessary to construct a new groundwater production well.

Wood Rodgers will also assist in coordinating with the County Health Department, DDW, and all other relevant agencies. It is our understanding that City will prepare all required California Environmental Quality Act (CEQA) documentation separately from this project. An overall timeline for obtaining the anticipated permits for this project 209
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is included in the project schedule. It is acknowledged that City will serve as the primary contact with all the necessary permitting agencies and will submit any permit application prepared by Wood Rodgers with the appropriate permit fees.

Based on recent experience with similar well projects, Wood Rodgers assumes that the City is covered under the Statewide National Pollutant Discharge Elimination System (NPDES) Permit for Drinking Water Systems Discharges (Order WQ 2014-0194-DWQ) to a storm drain system. Based on the Notice of Applicability, and our experience with this permit, the Discharge Permit can be utilized for discharges to storm drain systems associated with development and testing of the new groundwater production well. Wood Rodgers will confirm this approach with the Lahontan Regional Water Quality Control Board through City and will prepare any applicable exhibits that may be required for the discharges associated for a new groundwater production well. Wood Rodgers will work with the City to identify alternative methodsfor discharging development and testing water, if the well site offers adequate space to discharge to land and away from river and/or stream channels. The PDR in Task 3 will discuss options for development which may negate the need for a discharge permit.

Wood Rodgers will supply the City with supporting documentation (California DWR Well Completion Report, completed NPDES forms, pump test data, and water quality reports) for the DDW Domestic Water Supply Permit Amendment. When requested, Wood Rodgers will attend and participate in meetings (to be part of Task 1.2) with City and permitting agencies, which is recommended to include a site meeting to discuss the proposed well location and required setbacks (property and control zone requirements).

Deliverable: Permit List to be Included in PDR (Adobe PDF) Task 8 – Bidding Assistance
Wood Rodgers will support the City during the bidding process, including attendance at a pre-bid meeting at the well site with prospective bidders, and will prepare the pre-bid meeting agenda and minutes. Wood Rodgers will provide responses to contractor’s RFI during the bid process, prepare addenda to the bid package as necessary, evaluate bids received and contractor qualifications, and provide recommendations for bid award. It will be important to sell this project to prospective bidders, and Wood Rodgers will inform the highest qualified drilling contractors of the project to develop interest in the project.

Deliverable: Pre-Bid Meeting Agenda and Minutes (Adobe PDF) Provide Responses to RFI’s (Adobe PDF)
Schedule
Wood Rodgers is ready to begin work immediately upon receiving the Notice to Proceed (NTP) and is able complete the project within six months of receiving the NTP. Our Schedule is provided in Table 1 (see attached). 210
ID Task Name Duration Start Finish
1 City of Adelanto - New Groundwater Production Well 130 days Fri 2/17/23 Thu 8/17/23 2 Task 1 - Project Management and Meetings 130 days Fri 2/17/23 Thu 8/17/23 3 Task 1.1 - Project Management and Meetings 130 days Fri 2/17/23 Thu 8/17/23 5 Task 1.2 - Kickoff and Progress Meetings 130 days Fri 2/17/23 Thu 8/17/23 6 Kick-off Meeting 1 day Fri 2/17/23 Fri 2/17/23
7 Monthly Coordination Meetings (3) 44 days Fri 3/17/23 Wed 5/17/23 8 Progress Meeting #1 (60% complete) 1 day Tue 7/11/23 Tue 7/11/23 9 Progress Metting #2 (90% complete) 1 day Tue 8/1/23 Tue 8/1/23 10 Task 2 - Prepare a Well Siting Study 55 days Fri 2/17/23 Thu 5/4/23 11 Task 2.1 - Data Research 7 days Fri 2/17/23 Mon 2/27/23 13 Task 2.2 - Groundwater Characterization and
Assessment of the Preferred Well Site
16 days Tue 2/28/23 Tue 3/21/23
14 Prepare Draft Assessment 8 days Tue 2/28/23 Thu 3/9/23 15 Submit Draft Asessment 0 days Thu 3/9/23 Thu 3/9/23
16 City Review 5 days Fri 3/10/23 Thu 3/16/23
17 Prepare Final Assessment 3 days Fri 3/17/23 Tue 3/21/23 18 Submit Final Assessment 0 days Tue 3/21/23 Tue 3/21/23 19 Task 2.3 - Prepare Well Siting Study Within City's
Service Area
30 days Wed 3/22/23 Tue 5/2/23
20 Prepare Draft Study 15 days Wed 3/22/23 Tue 4/11/23
21 Submit Draft Study 0 days Tue 4/11/23 Tue 4/11/23
22 City Review 5 days Wed 4/12/23 Tue 4/18/23
23 Prepare Final Study 10 days Wed 4/19/23 Tue 5/2/23
24 Submit Final Study 0 days Tue 5/2/23 Tue 5/2/23
25 Task 3 - Perform Phase 1 Site Assessment 10 days Wed 5/3/23 Tue 5/16/23 27 Task 4 - Prepare Preliminary Design Report 20 days Wed 5/17/23 Tue 6/13/23 28 Prepare Draft Report 10 days Wed 5/17/23 Tue 5/30/23 29 Submit Draft Report 0 days Tue 5/30/23 Tue 5/30/23
30 City Review 5 days Wed 5/31/23 Tue 6/6/23
31 Prepare Final Report 5 days Wed 6/7/23 Tue 6/13/23
32 Submit Final Report 0 days Tue 6/13/23 Tue 6/13/23
33 Task 5 - Prepare Technical Plans, Specifications, and Engineer's Estimate
40 days Wed 6/14/23 Tue 8/8/23
34 Task 5.1 - 60% P&S 20 days Wed 6/14/23 Tue 7/11/23
35 Prepare 60% P&S 15 days Wed 6/14/23 Tue 7/4/23
36 Submit 60% 0 days Tue 7/4/23 Tue 7/4/23
37 City Review 5 days Wed 7/5/23 Tue 7/11/23
38 Task 5.2 - 90% P&S 15 days Wed 7/12/23 Tue 8/1/23
39 Prepare 90% P&S 10 days Wed 7/12/23 Tue 7/25/23
40 Submit 90% P&S 0 days Tue 7/25/23 Tue 7/25/23
41 City Review 5 days Wed 7/26/23 Tue 8/1/23
42 Task 5.3 - 100% P&S 5 days Wed 8/2/23 Tue 8/8/23
43 Prepare 100% P&S 5 days Wed 8/2/23 Tue 8/8/23
44 Submit 100% P&S 0 days Tue 8/8/23 Tue 8/8/23
45 Task 6 - Drinking Water Sources Assessment and
Protection (DWSAP) Documents
7 days Wed 8/9/23 Thu 8/17/23
47 Task 7 - Permit Assisstance 60 days Wed 5/17/23 Tue 8/8/23 49 Task 8 - Bidding Assisstance 7 days Wed 8/9/23 Thu 8/17/23 2/17
3/17 5/17
7/11
8/1
3/9
3/21
4/11
5/2
5/30
6/13
7/4
7/25
8/8

W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S Jan 29, '23 Feb 5, '23 Feb 12, '23 Feb 19, '23 Feb 26, '23 Mar 5, '23 Mar 12, '23 Mar 19, '23 Mar 26, '23 Apr 2, '23 Apr 9, '23 Apr 16, '23 Apr 23, '23 Apr 30, '23 May 7, '23 May 14, '23 May 21, '23 May 28, '23 Jun 4, '23 Jun 11, '23 Jun 18, '23 Jun 25, '23 Jul 2, '23 Jul 9, '23 Jul 16, '23 Jul 23, '23 Jul 30, '23 Aug 6, '23 Aug 13, '23 Aug 20, '23 Aug 27, '23 City of Adelanto
Professional Services Related to the
Design Services for Drilling A
New Groundwater Production Well
17-Jan-23 Page 1 Table 1
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Wood Rodgers Experience
The following graphic showcases Wood Rodgers Past five years of related experience. 212
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Relevant Projects/Services with References
Wood Rodgers is uniquely qualified to provide exceptional professional services to meet the needs for the design services of a new groundwater production well. We have provided system-wide hydrogeologic assessments, well siting studies of similar scope, and design services for several municipalities and water systems, including for California Water Service Company, Rancho California Water District, Pasadena Water and Power, City of Sacramento, City of Turlock, and Elk Grove Water District, which are highlighted below.

California Water Service Company | Well Siting Study | Leona Valley, CA Project Reference | Brianda Nunez | California Water Company | 213.334.2526 | [email protected] Wood Rodgers recently provided
California Water Service Company (Cal
Water) with a groundwater study to
identify locations with the highest
potential to develop additional
groundwater sources for their Leona
Valley Water System. The initial phase
included a system-wide hydrogeologic
evaluation to identify areas within their
system which could meet production and
water quality objectives. Data from
existing wells, including construction
details, historical well performance,
groundwater elevations and water
quality were used to further the
understanding of the hydrogeologic
system. Well testing was conducted on
each operable well to document current pumping performance and water quality. The initial investigation provided Cal Water with recommended locations for new well sites. These new well sites included a recommendation on the number of production wells needed to meet their production objective and identified the anticipated groundwater quality. Based on these recommendations, Wood Rodgers proceeded with the second phase of work to verify production and water quality at one of the selected sites. The results confirmed that flow rate, specific capacity, and water quality satisfied Cal Water’s expectations. Cal Water is currently in discussions with the property owner to acquire land and Wood Rodgers is under contract to provide them with a hydrogeologic assessment of the property during the due diligence period.

Rancho California Water District | Siting + Preliminary Design, Well No. 125 Replacement Project (D1897) | Riverside County, CA
Project Reference | Jake Wiley | Rancho California Water District | 951.296.6980 The Rancho California Water District (RCWD) manages a potable water system that consists of 31 water pump stations, 48 active wells and 40 storage reservoirs. One of these wells, Well No. 125 had been removed from service due to a chronic bacteriological problem. Due to reduced groundwater production and persistent water quality issues, RCWD objective was to replace Well No. 125 with a new well within the general vicinity. The project area is located approximately one mile downstream of the RCWD’s existing artificial recharge basins, locally known as the upper Valle de Los Caballos (VDC) basins. RCWD utilizes the deeper Pauba and Temecula aquifers identified in the basin to satisfy a large percentage of their total water demand. The preliminary well design proposed to target only the Temecula aquifer.
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RCWD retained Wood Rodgers, Inc. to
conduct an assessment of three potential
well sites for their suitability to construct a
new replacement production well capable of
1,000 gallons per minute or greater for
municipal supply, a preliminary schedule to
construct a new production well at the
alternative well site which ranks the highest,
and an evaluation of Well No. 125 and
recommendations for rehabilitation, if
feasible, to place it back into service for
groundwater production. After careful
evaluation, Wood Rodgers deemed the
bacteriological issue in Well No. 125 to be due to a coliform presence pre-dating well construction that has manifested within the well through one or more possible pathways. The conclusion was made that the site of Well No. 125 was not suitable for a potable water supply well, and a well siting study was required.

Wood Rodgers conducted a well siting study that consisted of reviewing district-owned parcels of suitable size to meet all regulatory offset requirements of a municipal well site, evaluating the distribution system for pipeline diameters and system pressures, and estimating potential well yield and water quality. Potential well sites were ranked, and the top three potential wellsites were further evaluated. Each site was assessed for their feasibility to meet allregulatory offset requirements and the project capacity and water quality objectives, as well as constructability for the new well and associated pump station and infrastructure. For the top-ranked site, Wood Rodgers provided a preliminary well site layout of the well, pump station equipment and associated infrastructure.

Pasadena Water and Power | Design Services and Construction Management and Inspection Services for Garfield Replacement Well
Project Reference | Michele Carina | Pasadena Water and Power | 626.744.7012 | [email protected] Pasadena Water and Power (PWP) contracted Wood Rodgers to assess the feasibility of, design, and provide oversight during the drilling and construction of a potable water supply well to replace its Garfield Well, located in Pasadena, California. The Garfield Well was constructed by the cable tool method in 1921 and reached the end of its useful service life.

Wood Rodgers prepared a hydrogeologic evaluation of the site, including historical groundwater level, quality and production data to prepare a preliminary well design for the replacement well. A Preliminary Design Report was submitted to PWP followed by preparation of the technical specifications and plans for the drilling, construction, and testing of the municipal supply well.

Wood Rodgers supported PWP in coordinating with the DDW for approval of the proposed well location prior to performing any construction activities. The proposed well location was approved while meeting regulatory offset requirements. Wood Rodgers also identified permits to be obtained for the drilling and construction process, completed a preliminary well design report, preliminary DWSAP, and drilling plans and specifications for bidding.
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Wood Rodgers provided full-time inspection during the mobilization, pilot borehole drilling, isolated aquifer zone testing, borehole reaming, well construction, and initial development phases, and will continue to provide full-time inspection for the remainder of the project. The Garfield Replacement Well pilot borehole was drilled to a depth of 966 feet bgs followed with isolated aquifer zone testing on four discrete aquifer intervals. Wood Rodgers utilized the results of isolated aquifer zone testing, lithologic descriptions, geophysical logs, and groundwater quality data to design the final well.

The Garfield Replacement well was constructed to a total depth of 800 feet bgs with a target design rate of 1,500 gpm. The well was design and tested at 1,750 gpm with a specific capacity of 46 gpm/foot of drawdown.

City of Sacramento | Groundwater Master Plan Update | Sacramento, CA Project Reference | Brett Ewart | City of Sacramento| 916.808.1725 | [email protected] The City of Sacramento (City) utilizes both surface water and groundwater for its municipal water supply. When surface water supplies are reduced due to drought or regional management agreements (i.e., Water Forum Agreement – Hodge Flows), the City needs to increase its reliance on groundwater. For future growth, system redundancy, and sustainable groundwater management, the City required a comprehensive understanding of the capabilities of its existing groundwater infrastructure and the underlying groundwater resources to plan for management of the resource, its well field assets, and a programmatic approach to replacement of wells that have reached the end of their serviceable life. Wood Rodgers, in conjunction with Woodard & Curran, prepared the City’s
Groundwater Master Plan to provide the foundation for current and future groundwater planning and management.

Wood Rodgers was responsible for the compilation of historical well data and preparation of a comprehensive database of the City’s wells, including well location (municipal wells, irrigation wells, industrial/fire wells), construction, production (i.e., capacity, and specific capacity), and water quality. To evaluate, prioritize, and select candidate wells for replacement, Wood Rodgers provided a written narrative for each of the City’s 33 permitted municipal supply wells, including well construction, age, capacity, quality of water produced, and expected useful remaining service life. Using this database, a matrix was prepared to display relevant data to illustrate current production, well field production potential, and the net deficit due to underperforming or out-of-service wells. Several exhibits were prepared to graphically illustrate well location and proximity to known anthropogenic groundwater contamination, production rate per well (to identify higher productive areas), and groundwater contour maps. Wood Rodgers also evaluated the City’s current well testing and monitoring program and prepared an updated operations and management (O&M) program to provide the City a mechanism to identify well problems before becoming emergencies. This testing program included a step-by-step programmatic approach for the collection of consistent and reliable data.

For new municipal wells, Wood Rodgers developed protocol for the siting, design, and testing of new municipal supply wells, with the overall objective of constructing highly efficient wells that do not require treatment. Wood Rodgers evaluated and ranked 20 potential locations to develop new municipal supply wells. Of the 20 locations, preliminary well designs, anticipated water quality, and conceptual pump station layouts were provided for the top five locations.
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City of Turlock | Turlock Hydrogeologic + Water Quality Assessment | Turlock, CA Reference Contact | Carlos Guerrero | City of Turlock | 209.668.5457 | [email protected] Wood Rodgers provided the City of Turlock with a complete City-wide well field, hydrogeologic, and groundwater quality assessment. The report characterized the water quality in six aquifers in the freshwater system beneath the City, and the vertical hydraulic gradient between aquifers.

Wood Rodgers’ city-wide hydrogeologic assessment
included a geologic cross-section that delineated the
aquifer systems and depth-specific water quality.

The assessment identified that shallow aquifers had
been impacted by nitrate and naturally-occurring
uranium, and total dissolved solids and arsenic
increased with depth at most areas within the City.

Based on this preliminary hydrogeologic assessment,
Wood Rodgers designed a test hole exploration and
monitoring well drilling and construction program to
assess water quality and aquifer yield potential within the aquifer system underlying the City.

Five locations throughout the city were identified to
define water quality parameters and yield potential.

Wood Rodgers prepared plans and specifications and
provided the City with bidding support services and
project management and oversight services during the
exploration drilling, installation and testing of five
multiple-completion monitoring wells.

Based on the data obtained from the exploration and monitoring well construction program, Wood Rodgers developed a well modification program to improve water quality and return four existing municipal wells to service that were previously above the MCL for nitrate and arsenic.

Elk Grove Water District | Well Siting Study | Elk Grove, CA Reference Contact | Bruce Kamilos | Florin Resource Conservation District/Elk Grove Water District | 916.687.3155 | [email protected]
The Elk Grove Water District (District) is a public water agency operated by the Florin Resource Conservation District (FRCD) and provides potable water to two service areas within the City of Elk Grove. The District’s active well field consists of seven wells, three wells completed in the aquifer system above a depth of approximately 500 feet (shallow aquifer) and four wells constructed within the aquifers between 500 and 1,000 feet (deep aquifer).

Groundwater produced from the shallow aquifers within the District’s well field is treated to reduce the concentration of arsenic at the District’s Hampton Well Site. Groundwater produced from the deep aquifers is pumped to a centralized treatment plant and treated to reduce concentrations of manganese below drinking water standards.

The District contracted Wood Rodgers to provide hydrogeology and engineering services to conduct a Source Capacity Planning and New Well Study for its Service Area 1.
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Wood Rodgers conducted a District-wide hydrogeologic assessment to delineate the depths of the aquifer systems and to characterize the groundwater levels, water quality, and production potential of the underlying aquifers. Parcels within the District’s boundaries were assessed to determine feasibility of meeting all regulatory offset requirements of municipal wells, and constructability for the well, pump station, and associated equipment. Wood Rodgers developed a well site ranking system to evaluate the potential parcels for their suitability in meeting the project objectives for capacity, water quality, and constructability. Results of the analysis identified the top two-ranked potential well sites, and Wood Rodgers prepared planning levels costs to develop, construct, treat, and deliver water to the distribution system from the potential well sites.
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Additional Information
Although not requested from the RFP, Wood Rodgers has identified services that can be provided to the City upon request and that may be supplemental to the Design Services for a New Groundwater Production Well. It should be noted that costs for these supplemental services have not been included within this proposal. The services have been identified below:

Optional Task A – California Environmental Quality Act (CEQA) – Support Services Wood Rodgers does provide services to support the CEQA process for drilling and construction of a new groundwater production well. These services include preparation and filing of the Notice of Exemption (NOE), Categorical Exemptions (CE), and Initial Study/Mitigated Negative Declaration.

Optional Task B – Construction Management and Inspection Services During Drilling of the New Groundwater Production Well and the Exploration Program
Wood Rodgers provides well construction management and inspection services for exploratory drilling programs, well rehabilitations, and drilling of municipal wells. Well construction management services are more than just taking notes. Some firms offer inspectors that may have thousands of hours of roadway inspection services or well experience that is limited to installation of hollow-stem auger monitoring wells. What distinguishes Wood Rodgers from other firms is our substantial in-house drilling engineering/well design training that our geologists are given upon hiring. On day one, our geologists are provided with an extensive glossary of drilling terms and a thorough understanding of drilling systems so that they understand what they are seeing when they are on the construction site. In addition, we provide in-house training on: geophysical log interpretation; well design; drilling fluids (testing methods, basic principles for mud programs, polymer chemistry, clay chemistry, and fluid rheology); and well construction methods to provide a step-by-step narrative for what is important to witness at each critical phase of well construction and development. Our geologists understand the processes described in well specifications, but more importantly, they know what to look for in the field to help identify potential issues before they are allowed to develop into more serious problems. This approach of providing technically trained field geologist to provide inspection services helps lead to successful projects while reducing the amount of change orders and litigation claims.

Cost Estimates and Consulting Fee
See attached Table 2 Cost Estimate for the Design Services Related for Drilling a New Groundwater Production Well.

Resumes
Resumes of key staff have been included (see attached). 218
Hrly Rate: $300 Hrly Rate: $240 Hrly Rate: $230 Hrly Rate: $230 Hrly Rate: $215 Hrly Rate: $195 Hrly Rate: $180 Hrly Rate: $160 Wk‐Hrs Amount Wk‐Hrs Amount Wk‐Hrs Amount Wk‐Hrs Amount Wk‐Hrs Amount Wk‐Hrs Amount Wk‐Hrs Amount Wk‐Hrs Amount Amount Amount Amount Wk‐Hrs Amount

1.0 PROJECT MANAGEMENT AND MEETINGS

1.1 Project Coordination & Management 2 600 $ 4 $ 960 $ ‐ $ ‐ 24 $ 5,160 8 $ 1,560 $ ‐ $ ‐ $ ‐ 8,280 $ ‐ $ 38 8,280 $

1.2 Project Kick‐Off Meeting and up to Five (5) Additional Progress Meetings 1 $ 300 5 $ 1,200 $ ‐ $ ‐ 16 $ 3,440 4 $ 780 2 $ 360 $ ‐ $ 6,080 $ ‐ 135 $ 28 6,215 $ Subtask 1 Total 3 900 $ 9 2,160 $ ‐ $ ‐ $ 40 8,600 $ 12 2,340 $ 2 360 $ ‐ $ $ 14,360 $ ‐ 135 $ 66 $ 14,495

2.0 PREPARE WELL SITING STUDY

2.1 Data Research 2 $ 600 2 $ 480 $ ‐ $ ‐ 4 $ 860 12 $ 2,340 20 $ 3,600 $ ‐ $ ‐ 7,880 $ ‐ $ 40 7,880 $

2.2 Prepare Hydrogeology Characterization and Assessment of Preferred Well Site 2 $ 600 4 $ 960 $ ‐ 5 $ 1,150 8 $ 1,720 24 $ 4,680 37 $ 6,660 $ ‐ $ 15,770 $ ‐ 135 $ 80 15,905 $

2.3 Prepare Well Siting Study 2 $ 600 6 $ 1,440 $ ‐ 5 $ 1,150 8 $ 1,720 20 $ 3,900 31 $ 5,580 $ ‐ $ 14,390 $ ‐ 135 $ 72 14,525 $ Subtask 2 Total 6 1,800 $ 12 2,880 $ ‐ $ 10 2,300 $ 20 4,300 $ 56 10,920 $ 88 15,840 $ ‐ $ $ 38,040 $ ‐ 270 $ 192 $ 38,310

3.0 PERFORM A PHASE I SITE ASSESSMENT

3.1 Prepare Phase I Site Assessment of Selected Site $ ‐ 1 $ 240 24 $ 5,520 4 $ 920 4 $ 860 8 $ 1,560 $ ‐ $ ‐ $ 9,100 $ ‐ 270 $ 41 9,370 $ Subtask 3 Total $ ‐ 1 240 $ 24 5,520 $ 4 920 $ 4 860 $ 8 1,560 $ ‐ $ ‐ $ $ 9,100 $ ‐ 270 $ 41 9,370 $

4.0 PREPARE PRELIMINARY DESING REPORT4.1 Prepare Preliminary Well Design Report (DRAFT and FINAL) 4 $ 1,200 6 $ 1,440 $ ‐ 6 $ 1,380 8 $ 1,720 14 $ 2,730 18 $ 3,240 4 $ 640 $ ‐ 12,350 $ ‐ $ 60 12,350 $ Subtask 4 Total 4 1,200 $ 6 1,440 $ ‐ $ 6 1,380 $ 8 1,720 $ 14 2,730 $ 18 3,240 $ 4 640 $ $ ‐ 12,350 $ ‐ $ 60 12,350 $

5.0 PREPARE TECHNICAL PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE

5.1 60%, 90%, and 100% Technical Plans, Specifications, and Engineer’s Estimate (Includes Subcontractor Costs for Potholing Services) 2 $ 600 8 $ 1,920 $ ‐ 12 $ 2,760 16 $ 3,440 36 $ 7,020 40 $ 7,200 12 $ 1,920 $ ‐ 24,860 $ $ 5,500 126 30,360 $ Subtask 5 Total 2 600 $ 8 1,920 $ ‐ $ 12 2,760 $ 16 3,440 $ 36 7,020 $ 40 7,200 $ 12 1,920 $ $ 24,860 $ ‐ $ 5,500 126 30,360 $

6.0 DRINKING WATER SOURCES ASSESSMENT AND PROTECTION (DWSAP) DOCUMENTS

6.1 Preliminary Drinking Water Source Assessment and Protection 2 $ 600 2 $ 480 $ ‐ 4 $ 920 4 $ 860 8 $ 1,560 18 $ 3,240 $ ‐ $ ‐ 7,660 $ ‐ $ 38 7,660 $ Subtask 6 Total 2 600 $ 2 480 $ ‐ $ 4 920 $ 4 860 $ 8 1,560 $ 18 3,240 $ ‐ $ $ 7,660 $ ‐ ‐ $ 38 7,660 $

7.0 PERMIT ASSISTANCE7.1 Permit Support (includes Domestic Water Supply Amendment, LRWQCB, NPDES Compliance, and San Bernardino County) 2 $ 600 4 $ 960 $ ‐ 8 $ 1,840 6 $ 1,290 8 $ 1,560 12 $ 2,160 $ ‐ $ ‐ 8,410 $ ‐ $ 40 8,410 $ Subtask 7 Total 2 600 $ 4 960 $ ‐ $ 8 1,840 $ 6 1,290 $ 8 1,560 $ 12 2,160 $ ‐ $ $ ‐ 8,410 $ ‐ $ 40 8,410 $

8.0 BIDDING ASSISTANCE8.1 Bidding Support (includes bidding process, prepare pre‐ bid meeting agenda and minutes, Provide Responses to RFI's) 1 $ 300 4 $ 960 $ ‐ 2 $ 460 8 $ 1,720 6 $ 1,170 2 $ 360 $ ‐ $ 4,970 $ ‐ 135 $ 23 5,105 $ Subtask 8 Total 1 300 $ 4 960 $ ‐ $ 2 460 $ 8 1,720 $ 6 1,170 $ 2 360.00 $ ‐ $ $ 4,970 $ 135 23 5,105 $ GRAND TOTAL (TASKS 1 THROUGH 8): 20 6,000 $ 46 11,040 $ 24 5,520 $ 46 10,580 $ 106 22,790 $ 148 28,860 $ 180 32,400 $ 16 2,560 $ $ 119,750 $ 810 $ 5,500 586 126,060 $ Environmental
(Senior Planner I)
QA/QC
(Senior Hydrogeologist I)
City of Adelanto
Fee Proposal to Provide Professional Services Related to the

DESIGN SERVICES FOR DRILLING A NEW GROUDWATER PRODUCTION WELL Labor Direct
Costs
PIC
(Principal Engineer II) Geologist II CAD Technician I Project Manager (Project Geologist II) Total Cost Geologist I Lead Hydrogeologist (Senior Hydrogeologist I) Outside Services (Including 10% Markup)
17-Jan-23
219
Table 2
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KEVIN GUSTORF, PE

PROJE CT ROLE
Principal-in-Charge
TITLE
Principal II

EDUC AT ION
BS, Civil Engineering,
Loyola Marymount
University, 1999

RE GIS TR AT IO NS/

CE RTI FIC A TIO NS
Registered Professional
Engineer, California
No. 64755
Registered Professional
Engineer, Nevada
No. 018880
Qualified SWPPP
Developer (QSD)

PRO FE S SIO N AL

AFF ILI AT IO NS
American Council of
Engineering Companies
(ACEC), Sierra Chapter
President
American Society of Civil
Engineers (ASCE),
Member, 337465
American Water Works
Association (AWWA),
Member, 00511135
Orange County Water
Association (OCWA),
Member, 861
Water Environment
Federation (WEF),
Member, 17557223
Certified Trainer for
Accredited Project
Management Training
Program

WOOD RO DGE RS,
INC. ST AR T DATE
April 23, 2018
Kevin Gustorf is a registered professional engineer with 24 years of leadership and expertise in the water resources field. His water resource engineering experience includes the planning, design, construction, and management of a wide variety of projects for local municipal public works agencies, special districts, and private sector clients throughout California. His diverse project experience includes water and wastewater master planning, hydraulic modeling, and hydraulic analysis and studies. He is an expert on several different modeling platforms and has conducted presentations on modeling throughout the Western U.S. Kevin’s design experience includes the design of water and wastewater pipelines, pump stations, lift stations, flow/pressure control facilities, wells, tanks and reservoirs for new facilities, as well as the repair and rehabilitation of existing facilities.

RE LE VA N T EXPE R IE NCE
City of Anaheim, Linda Vista Facility Master Plan – Anaheim, CA. Project Manager for permitting, environmental, civil, structural, and electrical engineering services for a facility master plan at the Linda Vista Complex, a strategic water supply source in the City’s water system. The Linda Vista Complex was an aging facility supplied from local groundwater wells and an imported water connection. The facility contained an aging 4 MG reservoir and a dual-zone pump station. This critical facility needed to be upgraded and expanded, without being removing from service. Responsibilities included analyzing historical well production and water quality data; reviewing existing planning studies, inspection reports, and system operating criteria; conducting hydraulic analyses using the City's existing hydraulic model; sizing the new reservoir and pump station facilities; developing preliminary plans for a water treatment facility; preparing alternative site layouts; preparing lifecycle cost analyses; evaluating construction phasing schedules; and preparing a preliminary design report.

This project needed to be completed within a very short window in order for the City to take advantage of funding sources. Kevin developed a project approach that involved preparing a series of technical memorandums (TM) to analyze and discuss the major project components, which allowed for quick TM submissions and City reviews for the reservoir and pump station capacity and layout, electrical and SCADA systems, permitting, environmental compliance, and hydraulic evaluation. Based on City comments and stakeholder workshops, the TM’s were completed and approved within two months, then compiled into a preliminary site layout and preliminary design report. The project also required a preliminary environmental feasibility analysis that investigated potential environmental constraints at the site under the California Environmental Quality Act (CEQA). The analysis focused on aesthetic impacts due to the height of the reservoir improvements, air quality impacts during construction, biological resources impact due to known nesting birds in the site vicinity, and noise impacts due to the operation of booster pumps.

Long Beach Water Department (LBWD), North Long Beach Wells 13 and 14 – Long Beach, CA.

Project Manager for engineering design, hydrogeological evaluation, and construction management services for Wells North Long Beach 13 (NLB 13) and North Long Beach 14 (NLB14). The project included drilling, development, and equipping of two new 2,500-gpm wells. Design elements included well destruction, demolition, tree removal, enclosures, site improvements, SCADA, VFDs, and pipelines. NLB 13 will be located south of Jackson Street between Orange Avenue and Walnut Avenue inside Jackson Park West. NLB 14 is located on the southeast corner of Walnut Avenue and Jackson Street inside Jackson Park East. Work will also include the design of new conveyance lines connecting the two new wells to LBWD's well main collection lines. Scope of work includes reviewing existing plans; evaluating existing facility modifications; making recommendations on layouts, materials and equipment; submitting construction packages including drawings, cost estimates, and specifications for both sites; acquiring permits; providing pre-bid and bid evaluation services; providing construction management, resident engineering and inspection services. 220
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SEAN SPAETH, PG, CHG
Sean Spaeth is a California Professional Geologist and Certified Hydrogeologist with 19 years of experience managing the design and implementation of groundwater resource projects for public and private clients. His experience includes designing, budgeting, managing and implementing a diverse range of groundwater resource projects, including municipal well design, preparing plans and specifications, construction management, and construction/testing oversight; designing and implementing well assessment programs; designing and implementing well rehabilitation and modification programs; conducting site-specific and regional hydrogeologic assessments; and well siting studies. He has assessed over 100 production wells with decreased capacity or water quality issues to identify issues related to well structure, pumping equipment, or groundwater basin; and prepared well rehabilitation programs to restore lost capacity and improve water quality.

He has conducted site-specific water resource development projects for hydrogeologic assessments, exploratory drilling programs to evaluate subsurface geologic and depth-specific water quality conditions, and assessments for regulatory compliance for municipal supply wells.

He has provided oversight for more than 100 exploratory test holes (up to 1,700 feet), including the design and construction of both nested and single-completion monitoring wells, as well as design review and construction oversight and inspection for over 60 production wells, including aquifer storage and recovery (ASR) wells.

SELE CTED EXPERIE NCE
Elk Grove Water District (Florin Resource Conservation District) Well Siting Study, Sacramento County, CA. The District is planning to construct two additional municipal supply wells to increase system reliability and redundancy. Sean designed and managed a well siting study to evaluate and identify four locations within the District’s service area that would meet the project objectives, including for capacity. Hydrogeologic considerations included aquifer-specific water quality constraints, which each require different treatment technology to meet drinking water standards.

Wood Rodgers designed a geodatabase inclusive of assessor parcel data, sanitary sewer system, storm drain system, hydrologic features, flood plain designation, well location, geologic data, and groundwater quality. This data was evaluated to identify parcels of sufficient size to accommodate the drilling of a municipal supply well and the ability to meet all regulatory offset requirements.

The Well Siting Study accommodated for proximity to existing distribution and the anticipated cost to construct capital improvements to connect new wells – including cost for water treatment.

California Water Service Company (Cal Water), Leona Valley – San Luis Obispo County, CA. Cal Water provides potable water to its Leona Valley System from two groundwater wells and purchased surface water. To increase system reliability and redundancy in the event of a disruption in delivery of surface water, a hydrogeologic assessment was conducted to assess the feasibility of developing additional groundwater sources and to characterize geospatial distribution of groundwater quality, namely with respect to fluoride and nitrate. Sean developed and managed a system-wide assessment and hydrogeologic study to document the condition of the existing wells, identify potential locations for new groundwater sources, and planning level estimates to construct additional wells with necessary treatment. Through the system-wide assessment, several existing wells were identified and tested to further the understanding of the groundwater system. Wood Rodgers prepared a complete hydrogeologic assessment report to implement capital improvements increase system redundancy and reliability.

Pasadena Water and Power, Garfield Replacement Well – Pasadena, CA. Sean provided project management and lead technical oversight for the replacement of a 100-year-old municipal supply well. The replacement well, located adjacent to the original well, was constructed to a depth of 800 feet. Historical hydrogeologic and depth-specific temporary aquifer zone testing data was used to design the replacement well. The project included full-time construction observation/inspection from start to finish, including site preparation, borehole drilling, construction, testing and site cleanup. The project, located within a residential community also required mitigation measures to minimize noise impacts to the surrounding community. The well was tested over 4,000 gpm and met all of the performance requirements of the contract.

PROJE CT ROLE
Lead Hydrogeologist
TITLE
Senior Hydrogeologist II

EDUC AT ION
BS Geology, California
State University, Chico,
2004
MS (coursework)
Geology Program,
California State
University, Chico

RE GIS TR AT IO NS/

CE RTI FIC A TIO NS
Registered Professional
Geologist, California No.
8878, 2011
Certified Hydrogeologist,
California, No. 1004,
2015

PRO FE S SIO N AL

AFF ILI AT IO NS
American Water Works
Association
National Groundwater
Association
Groundwater Resources
Association of California
WOOD RO DGE RS INC.

STAR T DA TE
April 17, 2006
221
w w w . w o o d r o d g e r s . c o m

PROJE CT ROLE
Project Manager
TITLE
Project Geologist II

EDUC AT ION
BS, Geology, California
State University,
Fullerton, 2012

RE GIS TR AT IO NS/

CE RTI FIC A TIO NS
Professional Geologist
California No. 9771

PRO FE S SIO N AL

AFF ILI AT IO NS
American Water Works
Association (AWWA)
Groundwater Resources
Association of California

WOOD RO DGE RS,
INC. ST AR T DATE
September 14, 2015

JOSHUA SOBOLEW, PG
Joshua Sobolew is a licensed Professional Geologist with 11 years of experience providing hydrogeologic consulting services, designing, and managing groundwater resource projects. He has provided field inspection and construction management during drilling and construction of large-diameter municipal water supply wells, monitoring wells, exploratory boreholes, well abandonments, and recharge programs. His expertise includes data analysis and interpretation, well design support, pump design support, hydrogeologic reporting, basin evaluations, and recharge studies.

EXPERIEN CE
Golden State Water Company, 2022 Well Assessments – Various Locations, CA. Provided assessments for eight GSWC wells within the Orcutt, Southwest, Florence-Graham, San Dimas, and Claremont Water Systems. Historical groundwater level data, historical water quality data, well construction details, video surveys, geophysical logs, and well performances were reviewed and analyzed to determine current operating conditions of each well. The data was further analyzed to determine if a well rehabilitation was feasible, or if a well replacement was warranted. Wells that were selected for replacement where then further analyzed for constructability of the site and DDW regulatory offset requirements. Sites that were heavily urbanized around and had limited space for drilling and construction were selected to be moved to a new well site.

Highlands RV Park, Well 04 Permitting Support – Bishop, CA. Supported the permitting phases for the drilling and construction of Well 04. The well was a replacement well to Highlands RV Park that served water to RV park and mobile home community with 500 service connections.

The San Bernardino DDW representative was requiring a horizontal distance table and plot plan with a Preliminary Drinking Water Source Assessment Program. The nearby wells were evaluated to further understand the groundwater basin including production, groundwater gradients, groundwater quality, and groundwater elevations. The area was also analyzed for potential contaminant activities within the area that may impact the proposed well. Highland RV Park was successfully granted a permit and the well has been successfully drilled and constructed.

Pasadena Water and Power, Garfield Replacement Well – Pasadena, CA. Project Geologist for replacement of the Garfield Well, resulting in final design capacity of 1,750 gpm – exceeding PWP’s project objective of 1,500 gpm. Joshua supported project permitting by meeting DDW well siting requirements. He analyzed aquifers systems within the Monk Hill Subarea of the Main San Gabriel Groundwater Basin during the preliminary design report. The preliminary design report included characterizing aquifer systems, aquifer yields, regional groundwater levels, water quality, potential contaminant activities, and the nearby anthropogenic sources. Joshua also planned for the construction logistics, and anticipated conditions – drilling, production capacity, and groundwater quality. He developed the technical specifications for drilling of the municipal well drilling using the reverse circulation method. The Garfield Replacement Well was drilled to a total depth of 960 feet bgs and four discrete isolated aquifer zones were selected.

Joshua supported final well design and provided construction management support.

California Water Service Company, Leona Valley Groundwater Supply Study – Leona Valley, CA. Responsible for investigating the expansion of California Water Service Company’s local groundwater supply to reduce their dependency on purchased treated surface water. The project reviewed and evaluated existing infrastructure including pipelines, water tanks, and wells within the service area. Joshua provided oversight during the performance testing and water quality sampling of existing wells. He reviewed available well records, water quality data, production potential, groundwater elevations, and geology to determine the most optimal well sites to achieve the highest capacity to meet the minimum system capacity goal. He also evaluated the local geology and characterized Leona Valley’s aquifer system. The well siting resulted in a well producing approximately 180 gpm above the Cal Water’s anticipated/desired flow rate of 75 gpm.
in the reporting phases.
222
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TIM CHAMBERLAIN
Mr. Chamberlain is a Senior Environmental Planner specializing in the project delivery of smalland large-scale transportation projects. He has over 17 years of experience preparing environmental technical studies and environmental documents and managing a team of environmental specialists from project concept through construction. Mr. Chamberlain has extensive experience in a variety of aspects of planning, including land use, environmental planning, cultural resources, and community outreach and engagement. He has worked on bridge and roadway projects with Caltrans District 3 Local Assistance for nearly his entire career and is highly experienced in in the Caltrans CEQA and NEPA analysis, technical document preparation, and project approvals processes. As a former Caltrans employee, Mr. Chamberlain received extensive training and experience in Intermodal Transportation Management System and GIS based programs.

EXPE R IE NCE
Yucca Loma Rd/Yates Rd/Green Tree Blvd Transportation Improvement Project - Apple Valley, California. Associate Environmental Planner. This project provides a new 2-mile long transportation corridor connecting portions of the Town of Apple Valley to the City of Victorville through a portion of unincorporated San Bernardino County. The project includes widening Yucca Loma Road from two to four lanes, construction of a bridge across the Mojave River, widening and realignment of Yates Road from two to four lanes, construction of a bridge over the BNSF railroad tracks, and construction of an extended Green Tree Boulevard connecting to Hesperia Road. Mr. Chamberlain prepared Section 4(f) Evaluation, Phase 1 ISA, Community Impact Assessment, and co-authored the joint CEQA/NEPA environmental document (Initial Study/Environmental Assessment).

Green Tree Boulevard Extension – Victorville, California. Lead Environmental Planner. This project is a roadway gap closure that would connect Yucca Loma Road in the Town of Apple Valley at the east end of the project with Hesperia Road and Green Tree Boulevard. The project will provide approximately

1.5-miles of new roadway and a 600-foot-long bridge over the BNSF Railroad. Green Tree Boulevard will include four travel lanes from Park Avenue to a realigned Ridgecrest Road. The improvements would then narrow to two-lanes as they extend westward over the BNSF railroad and connect to Hesperia Road at the existing Green Tree Boulevard. Mr. Chamberlain was responsible for environmental permits, NEPA revalidation, environmental coordination and pre-construction assistance and management.

Highlands RV Park - Bishop, CA. Prepared the California Environmental Quality Act (CEQA) documentation with a Notice of Exemption for the California State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) San Bernardino District for well replacement. The property is bordered by North Sierra Highway to the south, a residential community to the west and north, and undeveloped land to the east. The purpose of this replacement well was to provide water supply to over 500 water service connections and replace the existing decommissioned well due to high sand production.

Knights Landing Small Community Flood Risk Reduction Project – Yolo County, California. Lead Environmental Planner supporting Yolo County (County) for its Small Communities Flood Risk Reduction Program (SCFRRP) Phase 2 Grant. Services included preparation of environmental technical studies including a biological resources report, wetland delineation, cultural resources report, and hazardous waste site assessment and soil testing. Mr. Chamberlain lead the effort to prepare a CEQA Initial Study leading to a Mitigated Negative Declaration. The project was able to avoid all impacts to the adjacent wetland habitat avoiding the need for regulatory permits.

Reclamation District 1001 Auxiliary Pump Station - Sutter County, California. Lead Environmental Planner. This project involves construction of a new pump station at the Lateral 4 Canal, piping water through the levee into the Natomas Cross Canal. The auxiliary pump station is needed to provide flood risk relief in the event of power outages at the main pump station which does not have backup power. Mr. Chamberlain led a team of environmental specialists in preparing environmental technical studies and a CEQA Initial Study/Mitigated Negative Declaration. He also provided the necessary environmental analysis in support of a NEPA approval from FEMA who is providing federal funding for the project.

ROLE
Environmental
TITLE
Senior Environmental
Planner

EDUC AT ION
BA, Political Science,
University of California,
Los Angeles, 2005

EXPE R TI SE
Project Management
Environmental Project
Scoping
Environmental
Constraints Analysis
Public Outreach /
Engagement

NEPA / CEQA
Documentation
Environmental Technical
Studies
Environmental
Construction Support
Environmental Permits
Endangered Species Act
Consultation
Cultural Resource
Compliance
Habitat Restoration
Mitigation Plans
Section 4(f) Evaluation
Farmland Conversion
Community Impact
Analysis
Caltrans/FHWA
Coordination

PROFESSIONAL

AFFILIATION
APWA

WOOD RO DGE RS,
INC. ST AR T DATE
October 1, 2020
223
w w w . w o o d r o d g e r s . c o m

PROJE CT ROLE
Hydrogeology
TITLE
Geologist II

EDUC AT ION
BS, Double Degree -
Geology and Integrated
Earth Studies, California
State Polytechnic
University, Pomona,
2012

RE GIS TR AT IO NS/

CE RTI FIC A TIO NS
Professional Geologist
California No. 10036

PRO FE S SIO N AL

AFF ILI AT IO NS
American Water Works
Association (AWWA)
Groundwater Resources
Association of California
WOOD RO DGE RS INC.

STAR T DA TE
December 2, 2019

ANDREW KIETA, PG
Andrew Kieta has 11 years of experience providing hydrogeologic consulting services and water resource utility consulting, including extensive experience providing construction management services during drilling and construction of large-diameter municipal water supply wells, monitoring wells, well database management, raw water treatment, and field inspections. His background includes working as an internal hydrogeologic and water quality consultant for Golden State Water Company for four years. His expertise includes data management and analysis, well design, pump efficiency testing, and hydrogeologic reporting; which also includes providing professional support on water wells and distribution systems for the private sector and for municipalities.

Andrew has provided production well support services on projects for the cities of Long Beach, Pasadena, and Santa Fe Springs; Sacramento County Water Agency; Twentynine Palms Band of Mission Indians; Indio Water Authority; Rancho California Water District; California Water Service Company; Eastern Municipal Water District; Niagara Bottling LLC; Golden State Water Company; Olam Farms; Angus Petroleum; Irvine Ranch Water District; and Camp Pendleton.

EXPE R IE NCE
Golden State Water Company, 2022 Well Assessments – Various, CA. Provided technical support and institutional knowledge for the evaluation of 15 critical water supply wells.

Conducted a thorough evaluation of each well to determine their current condition and remaining service life. Each evaluation was based on categories such as age, sand production, water quality, and casing condition. Andrew evaluated the current condition of the well structure and performance as well as the regional groundwater levels and water quality and drafted reports summarizing his findings and replacement recommendations.

Phillips 66, Well Siting Study – Wilmington, CA. Provided professional services for the siting of a proposed Well No. 8 for the Phillips 66 Wilmington Oil Refinery Plan. The project included an assessment of the geological, hydrogeological, water quality, and site inspection of the Wilmington Plant. Andrew drafted a well siting study which included figures showing the recommended well site location and a preliminary well design to meet Phillips 66’s desired capacity and water quality goals.

Golden State Water Company, 2019 Well Assessments – Various, CA. Provided technical support and institutional knowledge for the evaluation of 11 critical water supply wells for Golden State Water Company. This project involved a thorough evaluation of each well to determine their current condition and remaining service life. Each evaluation was based on categories such as age, sand production, water quality, and casing condition. Andrew also provided assistance with report writing and replacement recommendations.

Golden State Water Company, Baseline Well No. 4 Replacement – San Dimas, CA. Provided onsite hydrogeologic services and technical support for the construction of a new water supply well by overseeing the drilling and aquifer zone testing phases of Baseline Well No. 5. Andrew’s inspection involved lithologic classification and interpretation and construction and sampling of isolated aquifer zones. Off-site, he provided project support and communication by coordinating with contractors and the Wood Rodgers team.

Pasadena Water and Power, Behner Well Siting Study – Pasadena, CA. Provided technical support for the assessment of the Behner property to determine the possibility of installing a municipal water supply well. Andrew reviewed the hydrological and geological environment of the well site and the surrounding area. The assessment also involved reviewing a nearby cleanup site and contamination plume. Andrew provided a summary report with figures, an assessment of the well site, and potential alternative well sites.

Pasadena Water and Power, Shakey’s Well Design and Site Assessment – Pasadena, CA.

Provided technical support for the preliminary well design and the assessment of the Shakey’s property to construct a municipal water supply well. Andrew reviewed the hydrological and geological environment of the well site and the surrounding area. He provided an assessment of the well site and a preliminary well design which involved assessing the subsurface conditions, potential water quality concerns, and regulatory requirements. 224
w w w . w o o d r o d g e r s . c o m

JAZMINE TITULAR-MASON, GIT
Jazmine Titular-Mason has five years of hydrogeolgic experience with municipal water systems and groundwater resource development. She is experienced in evaluating datasets utilizing ArcGIS Pro and preparing exhibits to delineate groundwater conditions to support the development and permitting of municipals water wells. She is an experienced field geologist that has beginning to end well construction and destruction experience, including logging boreholes utilizing the USCS Classification system, providing geophysical logging interpretations, and performing construction and destruction inspection services for production and monitoring wells throughout California.

She is also an experienced in well rehabilitation projects including well cleaning, liner installation, and well redevelopment.

SELECTED EXPERIENCE
California Water Service Company (Cal Water), Leona Valley Groundwater Supply Study – Leona Valley, CA. Provided technical services for the Leona Valley Groundwater Supply Study for California Water Service Company (Cal Water). Jazmine conducted extensive background research on Leona Valley, analyzing local geology and geologic features, historic water quality and production trends, and numerous well completion reports throughout the valley. She created several GIS figures, most notably a historic well production map highlighting areas within the valley with the highest production potential for future wells. Jazmine also provided inspection services for three separate field reconnaissance trips, which included pump tests conducted at Cal Water wells to determine current production rates and collection of water quality samples.

City of Pasadena, Water and Power Department, Behner Well Site Assessment – Pasadena, CA.

Provided inspection services for the construction of a nested triple-completion direct mud rotary test well to determine the feasibility of a future municipal water supply well. She provided lithologic classifications using UCSC Classification procedures and witnessed a geophysical survey for the 615-foot exploratory borehole. Inspection services included overseeing test hole drilling, borehole reaming, and test well construction.

Crows Landing Community Services District (CSD), Industrial Business Park (IBP) Test Well & 2022 Well – Stanislaus County, CA. Provided technical services in preparation for the construction of a new municipal water supply well for the Crows Landing IBP. Jazmine created GIS figures depicting well locations where favorable. She assisted with the technical specification writing for the drilling package of the municipal well. She provided full-time inspection services for a 758-foot triple-nested direct mud rotatory test well, overseeing the borehole drilling, lithologic classification, test well construction, initial and final well development, and water quality sampling. She also provided full-time inspection for the installation of the municipal well, inspecting borehole drilling, geophysical surveying, and well construction.

Golden State Water Company, Well Assessments & Rehabilitations – Los Angeles County, CA.

Provided technical support for the assessment of 11 GSWC wells. Jazmine assisted with the collection and analysis of historical groundwater, production, and water quality data. She created figures depicting well locations and production and water quality trends, which were used to help estimate the remaining service life of the wells. Jazmine provided inspection services for the rehabilitation recommendation of nine municipal wells. She also created figures depicting well performance and analyzed overall pump efficiency (OPE) based off field data collected by Wood Rodgers.

Golden State Water Company, Mountain View Test Hole & Well No. 5 – Claremont, CA.

Provided technical services in preparation of a municipal water supply replacement. Jazmine created draft well profiles and GIS figures depicting pump efficiency and water quality data for the Preliminary Design Report and assisted in the writing of the technical specifications and AutoCAD drawings. She provided part-time inspection for the drilling of a direct mud rotary test hole, along with lithologic classification and test hole destruction. Jazmine also provided full-time inspection for the drilling, construction, development, and aquifer testing for the municipal well.

PROJE CT ROLE
Hydrogeology
TITLE
Geologist I

EDUC AT ION
BS, Geological Sciences,
California State
University – Fullerton
2016

RE GIS TR AT IO NS/

CE RTI FIC A TIO NS
Geologist-in-Training,
California No. 1294

PRO FE S SIO N AL

AFF ILI AT IO NS
American Water Works
Association (AWWA)
Groundwater Resources
Association (GRA)

HONO RS A N D

AWA RD S
LSAMP Research Scholar,
2016
USGS/NAGT Cooperative
Field Training Program,
2017 Intern

WOOD RO DGE RS,
INC. ST AR T DATE
January 29, 2018
225
AA!!A!
A!
A!
A!
! A! AA!A!A!
606 E. Chapman Avenue, Suite 200 • Orange, CA 92866 • Tel: 657.226.1400 Wood Rodgers, Inc. • www.woodrodgers.com
226
ATTACHMENT 2

POTENTIAL WELL SITE LOCATION
227

CITY COUNCIL AGENDA REPORT
DATE: February 8, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, City Engineer
SUBJECT: RECOMMEND AWARD OF CONTRACT FOR THE AUBURN AVENUE & JONATHAN STREET IMPROVEMENTS PROJECT.

STAFF RECOMMENDATION:

Staff recommends City Council approve an award of construction contract agreement with Miller Equipment Company, Inc. in the amount of $1,095,410, to provide construction of Auburn Avenue & Jonathan Street Improvements project, authorizing project construction contingency in the amount of $109,541 for the construction, authorizing City Manager or designee to expend the contingency fund, if necessary to complete the project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.

BACKGROUND:

Auburn Avenue between Adelanto Road and Route 395, Jonathan Street between Auburn Avenue and Barcelona Avenue, and Pearmain Street between Vintage Road and Chamberlaine Way (Attachment ‘D’) requires complete reconstruction due to upcoming developments. These streets were combined and was designated as a separate capital improvement project. Plans and specifications were produced by Engineering Department staff.

This project was advertised for bids on January 12, 2023. The City Clerk’s office received and opened eight bids on January 31, 2023 which are summarized on Attachment ‘A’ and analyzed in Attachment ‘B’.

Bids were reviewed to determine if all were responsive to submittal requirements. The lowest apparent bid from Hillcrest Contracting was rejected due to incomplete bid schedule. Staff recommends award of contract to 2 nd
lowest bidder, Miller Equipment Company, Inc. for $1,095,410 to complete the project with 10% contingency spending.

FISCAL IMPACT:

This project will be paid for from the Article 8 local transportation fund and will be budgeted at mid year. There will be no impact to the general fund.

ATTACHMENTS:

A. City Clerk’s Bid Register
B. Bid Analysis
C. Bid Proposal
D. Location Map
228
229
Auburn Avenue & Jonathan Street ImprovementsAuburn Avenue & Jonathan Street Improvements BASE BID ITEMS (ITEM 1 THRU 11)

AUBURN AVENUE
CIP 2022-06
ITEM NO. BID ITEM DESCRIPTION ESTIMATED

QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization and Demobilization 1 LS $42,000.00 $42,000.00 $14,218.00 $14,218.00 $32,500.00 $32,500.00 $35,000.00 $35,000.00 $43,000.00 $43,000.00 $41,100.00 $41,100.00 2 Temporary Traffic Control and Safety 1 LS $13,300.00 $13,300.00 $3,800.00 $3,800.00 $16,500.00 $16,500.00 $20,000.00 $20,000.00 $26,000.00 $26,000.00 $23,366.00 $23,366.00 3 SWPPP, Best Management Practice and NPDES
Requirements 1 LS $15,700.00 $15,700.00 $14,600.00 $14,600.00 $116,000.00 $116,000.00 $13,650.00 $13,650.00 $13,400.00 $13,400.00 $12,500.00 $12,500.00 4 Grind (Cold-Mill) Existing Asphalt Concrete Pavement (3” Minimum) 110 SF $12.00 $1,320.00 $3.00 $330.00 $7.50 $825.00 $26.00 $2,860.00 $21.00 $2,310.00 $10.00 $1,100.00 5 Construct 1.5” Thick Minimum of Asphalt Concrete Overlay Over 1.5” of Asphalt Concrete Pavement 2,475 TON $113.00 $279,675.00 $150.00 $371,250.00 $114.00 $282,150.00 $116.00 $287,100.00 $145.00 $358,875.00 $115.00 $284,625.00 6 Adjust Existing Water Valve to Grade 9 EA $890.00 $8,010.00 $1,475.00 $13,275.00 $1,260.00 $11,340.00 $200.00 $1,800.00 $550.00 $4,950.00 $903.00 $8,127.00 7 Adjust Existing Manhole to Grade 14 EA $1,240.00 $17,360.00 $1,800.00 $25,200.00 $1,370.00 $19,180.00 $1,150.00 $16,100.00 $2,700.00 $37,800.00 $903.00 $12,642.00 8 Remove Existing Native Material/Asphalt Concrete
Pavement and Regrade as Needed. See Construction
Plans for Proposed Grades.
124,000 SF $1.30 $161,200.00 $1.26 $156,240.00 $0.70 $86,800.00 $1.65 $204,600.00 $2.10 $260,400.00 $2.64 $327,360.00 9 Construct 4” Crushed Miscellaneous Base 1,530 CY $76.00 $116,280.00 $55.00 $84,150.00 $82.00 $125,460.00 $66.00 $100,980.00 $67.00 $102,510.00 $81.00 $123,930.00 10 Install Street Signage and Striping 1 LS $20,300.00 $20,300.00 $19,715.00 $19,715.00 $16,000.00 $16,000.00 $15,260.00 $15,260.00 $22,000.00 $22,000.00 $16,600.00 $16,600.00 11 Project Sign 2 EA $0.00 $375.00 $750.00 $3,000.00 $6,000.00 $1,500.00 $3,000.00 $3,000.00 $6,000.00 $945.00 $1,890.00 TOTAL BASE BID $675,145.00 $703,528.00 $712,755.00 $700,350.00 $877,245.00 $853,240.00 ADDITIVE BID 1- JONATHAN STREET (ITEM 1A
THRU 10A) CIP 2022-06
1A Mobilization and Demobilization 1 LS $3,500.00 $3,500.00 $1,725.00 $1,725.00 $5,500.00 $5,500.00 $9,000.00 $9,000.00 $12,500.00 $12,500.00 $13,500.00 $13,500.00 2A Temporary Traffic Control and Safety 1 LS $4,900.00 $4,900.00 $430.00 $430.00 $3,500.00 $3,500.00 $6,000.00 $6,000.00 $7,500.00 $7,500.00 $8,130.00 $8,130.00 3A SWPPP, Best Management Practice and NPDES
Requirements 1 LS $3,100.00 $3,100.00 $430.00 $430.00 $26,000.00 $26,000.00 $9,000.00 $9,000.00 $6,000.00 $6,000.00 $6,480.00 $6,480.00 4A Grind (Cold-Mill) Existing Asphalt Concrete Pavement (3” Minimum) 110 SF $12.00 $1,320.00 $3.00 $330.00 $7.50 $825.00 $26.00 $2,860.00 $17.00 $1,870.00 $10.00 $1,100.00 5A Construct 1.5” Thick Minimum of Asphalt Concrete Overlay Over 1.5” of Asphalt Concrete Pavement 720 TON $113.00 $81,360.00 $169.70 $122,184.00 $114.00 $82,080.00 $130.00 $93,600.00 $140.00 $100,800.00 $134.00 $96,480.00 6A Adjust Existing Water Valve to Grade 4 EA $890.00 $3,560.00 $1,475.00 $5,900.00 $1,260.00 $5,040.00 $200.00 $800.00 $560.00 $2,240.00 $2,350.00 $9,400.00 7A Adjust Existing Manhole to Grade 1 EA $7,600.00 $7,600.00 $1,800.00 $1,800.00 $1,370.00 $1,370.00 $1,150.00 $1,150.00 $1,900.00 $1,900.00 $2,350.00 $2,350.00 8A
Remove Existing Native Material/Asphalt Concrete
Pavement and Regrade as Needed. See Construction
Plans for Proposed Grades.
36,125 SF $1.60 $57,800.00 $0.80 $28,900.00 $0.70 $25,287.50 $1.65 $59,606.25 $2.30 $83,087.50 $3.00 $108,375.00 9A Construct 4” Crushed Miscellaneous Base 450 CY $83.00 $37,350.00 $70.00 $31,500.00 $82.00 $36,900.00 $80.00 $36,000.00 $74.00 $33,300.00 $85.00 $38,250.00 10A Install Street Signage and Striping 1 LS $11,100.00 $11,100.00 $5,070.00 $5,070.00 $6,900.00 $6,900.00 $6,540.00 $6,540.00 $6,900.00 $6,900.00 $7,100.00 $7,100.00 TOTAL ADDITIVE BID 1 $211,590.00 $198,269.00 $193,402.50 $224,556.25 $256,097.50 $291,165.00 ADDITIVE BID 2- PEARMAIN STREET (ITEM 1B
THRU 10B) CIP 2022-06
5TH LOW
HARDY & HARPER, INC.

CIP 2022-06
BID OPENING: 3:00 P.M., Jan 31, 2023
**DISQUALIFIED
HILLCREST CONTRACTING, INC.

LOWEST BIDDER

MILLER EQUIPMENT
COMPANY, INC.
2ND LOW

VANCE CORPORATION
3RD LOW

SULLY MILLER CONTRACTING
CO.
4TH LOW C.A.

RASMUSSEN, INC
230
1B Mobilization and Demobilization 1 LS $3,500.00 $3,500.00 $1,700.00 $1,700.00 $5,400.00 $5,400.00 $9,000.00 $9,000.00 $11,000.00 $11,000.00 $13,500.00 $13,500.00 2B Temporary Traffic Control and Safety 1 LS $4,500.00 $4,500.00 $800.00 $800.00 $3,400.00 $3,400.00 $6,000.00 $6,000.00 $6,650.00 $6,650.00 $8,130.00 $8,130.00 3B SWPPP, Best Management Practice and NPDES
Requirements 1 LS $3,100.00 $3,100.00 $430.00 $430.00 $30,200.00 $30,200.00 $9,000.00 $9,000.00 $6,000.00 $6,000.00 $6,480.00 $6,480.00 4B Grind (Cold-Mill) Existing Asphalt Concrete Pavement (3” Minimum) 100 SF $12.40 $1,240.00 $3.00 $300.00 $7.50 $750.00 $26.00 $2,600.00 $19.00 $1,900.00 $10.00 $1,000.00 5B Construct 1.5” Thick Minimum of Asphalt Concrete Overlay Over 1.5” of Asphalt Concrete Pavement 700 TON $111.00 $77,700.00 $171.33 $119,931.00 $114.00 $79,800.00 $130.00 $91,000.00 $140.00 $98,000.00 $134.00 $93,800.00 6B Adjust Existing Water Valve to Grade 0 EA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,350.00 $0.00 7B Adjust Existing Manhole to Grade 4 EA $2,650.00 $10,600.00 $1,800.00 $7,200.00 $1,370.00 $5,480.00 $1,150.00 $4,600.00 $2,800.00 $11,200.00 $2,350.00 $9,400.00 8B
Remove Existing Native Material/Asphalt Concrete
Pavement and Regrade as Needed. See Construction
Plans for Proposed Grades.
34,900 SF $1.58 $55,142.00 $0.78 $27,222.00 $0.70 $24,430.00 $1.65 $57,585.00 $1.40 $48,860.00 $3.00 $104,700.00 9B Construct 4” Crushed Miscellaneous Base 430 CY $83.00 $35,690.00 $72.00 $30,960.00 $82.00 $35,260.00 $80.00 $34,400.00 $75.00 $32,250.00 $85.00 $36,550.00 10B Install Street Signage and Striping 1 LS $10,000.00 $10,000.00 $5,070.00 $5,070.00 $6,900.00 $6,900.00 $6,540.00 $6,540.00 $6,500.00 $6,500.00 $7,100.00 $7,100.00 TOTAL ADDITIVE BID 2 $201,472.00 $193,613.00 $191,620.00 $220,725.00 $222,360.00 $280,660.00 TOTAL BASE BID + ADDITIVE ALTERNATE BID (PART
A & B) $1,088,207.00 $1,095,410.00 $1,097,777.50 $1,145,631.25 $1,355,702.50 $1,425,065.00 ** Incomplete bid and missing bid item
231

UNIT PRICE TOTAL UNIT PRICE TOTAL
$4,500.00 $4,500.00 $37,060.00 $37,060.00
$27,900.00 $27,900.00 $227,000.00 $227,000.00
$45,000.00 $45,000.00 $7,000.00 $7,000.00
$40.00 $4,400.00 $1.50 $165.00
$170.00 $420,750.00 $123.00 $304,425.00
$1,200.00 $10,800.00 $500.00 $4,500.00
$1,800.00 $25,200.00 $2,000.00 $28,000.00
$1.64 $203,360.00 $1.72 $213,280.00
$108.00 $165,240.00 $69.00 $105,570.00
$21,000.00 $21,000.00 $27,000.00 $27,000.00
$4,000.00 $8,000.00 $2,500.00 $5,000.00
$936,150.00 $959,000.00
$15,000.00 $15,000.00 $17,090.00 $17,090.00
$9,000.00 $9,000.00 $127,000.00 $127,000.00
$35,000.00 $35,000.00 $7,000.00 $7,000.00
$40.00 $4,400.00 $1.50 $165.00
$169.00 $121,680.00 $123.00 $88,560.00
$1,200.00 $4,800.00 $500.00 $2,000.00
$1,800.00 $1,800.00 $2,000.00 $2,000.00
$1.64 $59,245.00 $1.72 $62,135.00
$107.00 $48,150.00 $69.00 $31,050.00
$12,000.00 $12,000.00 $16,000.00 $16,000.00
$311,075.00 $353,000.00
6TH LOW

ALL AMERICAN ASPHALT
7TH LOW
ONYX PAVING COMPANY, INC.
232
$18,000.00 $18,000.00 $11,722.00 $11,722.00
$8,000.00 $8,000.00 $96,000.00 $96,000.00
$45,000.00 $45,000.00 $7,000.00 $7,000.00
$40.00 $4,000.00 $1.50 $150.00
$169.00 $118,300.00 $123.00 $86,100.00
$0.00 $0.00 $0.00 $0.00
$1,700.00 $6,800.00 $2,000.00 $8,000.00
$1.64 $57,236.00 $1.72 $60,028.00
$1.60 $688.00 $69.00 $29,670.00
$20,000.00 $20,000.00 $11,330.00 $11,330.00
$278,024.00 $310,000.00
$1,525,249.00 $1,622,000.00
233
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CITY COUNCIL AGENDA REPORT
DATE: February 8, 2023
TO: Honorable Mayor and City Council Members
FROM:

Jessie Flores, City Manager
BY: Marc Tran, City Attorney
SUBJECT: CONSIDERATION AND APPROVAL OF AN AGREEMENT WITH BURKE, WILLIAMS &

SORENSEN, LLP FOR LEGAL SERVICES
STAFF RECOMMENDATION:

Staff recommends that the City Council approve an agreement with Burke, Williams & Sorensen, LLP for legal services.

BACKGROUND:

The City is in need additional litigation defense and trial-related legal services in the matters of Gabriel Elliott v. City of Adelanto (San Bernardino County Superior Court Case No. CIVDS 1828311) and Cynthia Herrera v. City of Adelanto (San Bernardino County Superior Court Case No. CIVDS 1901478).

FISCAL IMPACT:

While it is difficult to predict the costs associated with litigation defense and trial-related legal services with any level of certainty, the proposed agreement establishes hourly rates of $375 for senior partners, $360 for junior partners, $295 for associates, and $150 for paralegals. These rates are competitive with other firms practicing in this area.

ATTACHMENT:

1. Proposed Agreement for Legal Services
264
444 South Flower Street - Suite 2400
Los Angeles, California 90071-2953
voice 213.236.0600 - fax 213.236.2700
www.bwslaw.com
Direct No.: 213.236.2811
Our File No.: F0016-0001
[email protected]
Los Angeles – Inland Empire – Marin County – Oakland – Orange County – Palm Desert – San Diego – San Francisco – Silicon Valley – Ventura County January 26, 2023
Marc Tran, City Attorney for City of Adelanto
Olivarez Madruga Law Organization, LLP
500 S. Grand Ave., 12th Floor
Los Angeles, CA 90071
Re: Retainer Agreement for Legal Services
Dear Mr. Tran,
We are pleased to represent The City of Adelanto (“Client”) with respect to the matters described in this Agreement. The following sets forth the terms pursuant to which BURKE, WILLIAMS & SORENSEN, LLP (“Burke”) and Client agree that Burke will provide legal services to Client. The hallmark of any productive professional relationship is effective communication, and we would invite you to contact us at any time during or after our representation with regard to any questions you may have associated with our representation or the matters described herein.

1. CONDITIONS. This Agreement will not take effect, and Burke will have no obligation to provide legal services, until Client returns a signed copy of this Agreement. The effective date of this Agreement will be the above date.

2. SCOPE OF SERVICES. Client hires Burke to provide legal services in the matters set forth in Attachment “A” to this Agreement. No representation outside of the matters set forth in Attachment “A” to this Agreement shall be provided by Burke to Client. No representation of any directors, officers, employees, shareholders, or any other persons or entities affiliated with Client shall be provided unless such representation is expressly included in Attachment “A” to this Agreement. Burke will provide those legal services reasonably required to represent Client. Burke will take reasonable steps to keep Client informed of progress and to respond to Client’s inquiries. Services in any matter not described above will require a separate written agreement or a written modification to this Agreement.
265
Marc Tran
January 26, 2023

Page 2 ends

Adelanto City CouncilFebruary 8, 2023

Adelanto City Council
February 8, 2023