Agenda, closed session — Adelanto City Council, March 8, 2023

AGENDA

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
MARCH 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.

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:
• Teleconference
https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 Or Telephone:
1-669-900-6833
Webinar ID: 931 4644 4676
Passcode: 7601
1 REGULAR MEETING
MARCH 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 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 The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104.
2 REGULAR MEETING
MARCH 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 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
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_________________ A. CALL TO ORDER—CLOSED SESSION
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
MARCH 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________
H. CLOSED SESSION REPORT
I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
K. PRESENTATIONS
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
G. CALL TO ORDER—REGULAR MEETING
4 REGULAR MEETING
MARCH 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us M. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council or member of the audience requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

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

2. Receive and file Auditors report on Cannabis Compliance Activities for mid-fiscal year 2022/2023.

3. Affirm Annexation of Adelanto Pointe– Tract 20504 Into Landscape Maintenance District No. 1 and Street Lighting Maintenance District.

RESOLUTION NO. 23-16

INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY
(SENECA POINTE III-TRACT 20401) TO ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND THE LEVY AND

COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO
COMMENCING WITH FISCAL YEAR 2023/2024, PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS

AND HIGHWAYS CODE
RESOLUTION NO. 23-17
DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY KNOWN AS ADELANTO POINTE - TRACT 20504 TO THE ADELANTO
STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 AS
ANNEXATION 2023-029, CALLING FOR A PROPERTY OWNER PROTEST

PROCEEDING ON THE MATTER OF A NEW ASSESSMENT, PURSUANT

TO THE PROVISIONS OF THE CALIFORNIA CONSTITUTION, ARTICLE

XIIID, TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED
THERETO COMMENCING FISCAL YEAR 2023/2024, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; AND TO PRELIMINARY APPROVE THE
ANNEXATION ENGINEER’S REPORT
5 REGULAR MEETING
MARCH 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RESOLUTION NO. 23-18

INITIATING PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY (ADELANTO POINTE-TRACT 20504) TO ADELANTO
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND

THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS

RELATED THERETO COMMENCING WITH FISCAL YEAR
2023/2024, PURSUANT TO THE PROVISIONS OF PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE
RESOLUTION NO. 23-19
DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY TO
THE ADELANTO LANDSCAPE MAINTENANCE DISTRICT NO. 1 ,

AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED
THERETO COMMENCING FISCAL YEAR 2023/2024, PURSUANT TO
THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE; AND CALLING

FOR A PROPERTY OWNER PROTEST PROCEEDING, TO SUBMIT

TO THE QUALIFIED PROPERTY OWNERS THE QUESTION OF

LEVYING SUCH ASSESSMENTS FOR SAID ANNEXATION

TERRITORY PURSUANT TO THE PROVISIONS OF THE

CALIFORNIA CONSTITUTION, ARTICLE XIIID

4. Parcel Map Single Family Residential-20503 Final Acceptance.

M__________________S__________________ACTION________________ N. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. ADOPT RESOLUTION NO. 23-15 THAT RATIFIES THE DIRECTOR OF EMERGENCY SERVICES’ PROCLAMATION OF A LOCAL EMERGENCY PROCLAMATION. (CITY

ATTORNEY)
RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 23-15 that ratifies the Director of Emergency Services’ issuance of a local emergency proclamation. 6 REGULAR MEETING
MARCH 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RESOLUTION NO. 23-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO RATIFYING

THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES

PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:

2. DISCUSSION ITEM - ICSC CONFERENCE. (Jessie/Angel)
RECOMMENDATION: The City Council to discuss and provide direction to staff.

PUBLIC COMMENT: OPEN: CLOSED:

3. DISCUSSION ITEM CITY COUNCIL RETREAT. (Jessie/Angel) RECOMMENDATION: The City Council to discuss and provide direction to staff.

PUBLIC COMMENT: OPEN: CLOSED:

4. DISCUSSION ITEM - LEGISLATIVE TRIP TO WASHINGTON (Jessie/Angel) RECOMMENDATION: The City Council to discuss and provide direction to staff.

PUBLIC COMMENT: OPEN: CLOSED:

5. DISCUSSION ITEM – ADHOC COMMITTEES. (CITY COUNCIL)
RECOMMENDATION: The City Council to discuss and provide direction to staff.

O. ITEMS REMOVED FROM THE CONSENT CALENDAR
7 REGULAR MEETING
MARCH 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P. 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.

Q. 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 MARCH 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
S. DECLARATION OF POSTING
8 REGULAR MEETING
MARCH 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 9 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
March 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.

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: March 4, 2023 Brenda Lopez, City Clerk, CMC
10 CITY COUNCIL AGENDA REPORT
DATE: March 8, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Jaimie Lewis, Contract Service – Cannabis Compliance & Auditing SUBJECT: AUDITORS REPORT ON CANNABIS COMPLIANCE ACTIVITIES FOR MID FISCAL YEAR 2022/2023
STAFF RECOMMENDATION:

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

BACKGROUND:

See attached.

FISCAL IMPACT:
$2,670,829 in cannabis compliance generated revenue has been received to date for fiscal year 2022/2023, which puts the City on track to exceed budget projections for the fiscal year. This revenue represents cannabis excise taxes and cannabis permit renewal fees generated by the cannabis compliance department.

ATTACHMENTS:

Report on Cannabis Compliance for July 1, 2022-December 31, 2022 (FY 2Q23) 11 BI -ANNUAL FY22/23

CANNABIS

COMP L IANCE

RE PORT
July 1, 2022-December 31, 2022
February 2023
City of adelanto
Prepared by:

Jaimie Lewis, MPA
Contracted Cannabis Compliance Services
Anese & Associates LLC
12 BI -ANNU AL C ANNABIS COMP L IANC E

RE POR T
PA G E 0 1

NOTABLE ACTIVITIES

THIS QUARTER
By the end of the fiscal year,
cannabis compliance tasks and
duties will be transitioned to the
Finance Department. Training is
currently underway.

Contracted
Services
Transition
The migration to Camino,
database management and
permitting software has begun.

This process will help strengthen
and expedite permitting, audits,
and tax remittance processes.

Commercial
Cannabis Records
2022 Cannabis Excise Tax
Audits will kick off in April.

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

Audits The Cannabis Equity Assessment is
well underway to help determine
what a cannabis equity program
could look like in the City of
Adelanto. The complete assessment
will come to Council no later than
May 2023 for approval.

Cannabis Equity
13 ADELANTO'S

CANNABIS

COMMUNITY IS NOW

LIVE ON SLACK

BI -ANNU AL C ANNABIS COMP L IANC E

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

INTIVE LINK
144 Have
Joined
To Date
14 BI -ANNU AL C ANNABIS COMP L IANC E

RE POR T
PA G E 0 3
Adelanto's Illegal Cannabis Tip Form is now live
and in use! Thank you to the active community
members reporting suspected illegal operations.
https://airtable.com/shrPdl6qv6gH8IhYM
15 B I - A N N U A L C A N N A B I S C O M P L I A N C E R E P O R T P A G E 0 5

MID-YEAER
FY22/23

FINANCIALS

SUMMARY
$549,786
Cannabis Tax Revenue Received To Date
$429,562
Cannabis Permit Renewal Fees Received To Date
$2,670,829
Cannabis Compliance Revenue Total To Date
$4,959,444
2021/2022 Fiscal Year End Cannabis Compliance
Revenue Total
$5,366,908
2022/2023Year End Cannabis Compliance REvenue
Project

LAST FISCAL YEAR THIS FISCAL YEAR
8% INCREASE
16 BI -ANNU AL C ANNABIS COMP L IANC E

RE POR T
PA G E 0 5
FY 2022/2023 CANNABIS

COMPLIANCE REVENUE

PROJECTION
The City has received notice of
several licensees making the
tough decision to surrender their
State License. This is due to the
overall state of the industry and
various hardships facing
commercial cannabis in general.

Analysis
$5,366,908
17 BI -ANNU AL C ANNABIS COMP L IANC E

RE POR T
PA G E 0 6

FISCAL YEAR PERMIT

RENEWAL FEE

ANALYSIS
This fiscal year, there has been a slight
decline in active operators due to industry
hardships. Additionally, staff/contractor
turn over has led to a slight lag in permit
renewals. The City is anticipating to be
caught up with annual permit renewals by
the end of the fiscal year. The decline in
revenue projected this fiscal year is a direct
result of the decrease in active operators.

Auditor Reflection
18 BI -ANNU AL C ANNABIS COMP L IANC E

RE POR T
PA G E 0 7
Cannabis Business Licenses Current
or pending renewal (Per HDL)

OPERATOR COUNTS
MAY 2022
Active Cannabis Distribution or
Retail Licenses Issued by State (Per
Department of Cannabis Control
DCC)
Cannabis Manufacturing Licenses
Issued by State (Per Department of
Cannabis Control DCC)
76 53
41 Active Cannabis Cultivation Licenses
Issued by State (Per Department of
Cannabis Control DCC)
93 19

CONTACT
US
Phone
760-780-8189
Email
[email protected]
...with any questions regarding
Cannabis Compliance
or the contents of this report.
20 CITY COUNCIL AGENDA REPORT
DATE: March 8, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, City Engineer
SUBJECT: AFFIRM ANNEXATION OF ADELANTO POINTE– TRACT 20504 INTO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1.

STAFF RECOMMENDATION:

Staff recommends approving Resolution No.’s 23-16, 23-17, 23-18 and 23-19 to formally annex Tract 20504 into the Districts, thereby ordering the levy and collection of assessment to be collected on the County tax rolls for Fiscal Year 2023/24.

BACKGROUND:

Tract 20504, also known as Adelanto Pointe, includes landscape areas in public right-of-way that require maintenance by city staff. Seneca Pointe III was conditioned to annex into two Maintenance Assessment Districts for Street Lighting and Landscaping. Annexation would ensure a revenue source for ongoing maintenance, service and operation of said public landscaping.

Funds generated from maintenance districts are necessary to supplement revenue from property tax.

Revenue from the maintenance districts will fund Public Works material and labor for irrigation and landscaping maintenance.

FISCAL IMPACT:

Accepting Resolution No.’s 23-16, 23-17 23-18 and 23-19 will result in maintenance and operations of public landscaping at Tract 20504 be paid from General Funds.

ATTACHMENTS:

A. Resolution 23-16, Street Light Initiate
B. Resolution 23-17, Street Light Intention
C. Resolution 23-18, Landscaping Initiate
D. Resolution 23-19, Landscape Intention
E. Street Light Maintenance Assessment District No. 1 Engineer’s Report F. Landscaping Maintenance Assessment District No. 1 Engineering Report 21 RESOLUTION NO. 23-16

INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY
(SENECA POINTE III-TRACT 20401) TO ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND THE LEVY AND

COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO
COMMENCING WITH FISCAL YEAR 2023/2024, PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE
WHEREAS, the City Council through previous resolutions has established and levied annual assessments for the Adelanto Streetlight Maintenance Assessment District No. 1 (hereinafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”) that provides for the collection of special benefit assessments by the County of San Bernardino on behalf of the City of Adelanto to pay the maintenance and services of improvements and facilities related thereto, and
WHEREAS, the City Council desires to initiate proceedings for the annexation of territory identified as Annexation 2023-030 (Seneca Pointe III-Tract 20401) located south of Seneca Road, east of Hacienda Road, and west of Stevens Road (hereafter referred to as “Annexation Territory”), to the District pursuant to Chapter 2 Article 2 of the Act; and the establishment of the proposed maximum annual assessment related thereto; and the levy and collection of annual assessments against lots and parcels of land within the Annexation Territory commencing in Fiscal Year 2023/2024 for the streetlight improvements and services that will provide special benefits to the properties within the Annexation Territory pursuant to Chapter 4 Article 2 of the Act and the California Constitution Article XIIID, and
WHEREAS, the City Council has retained Willdan as the Assessment Engineer of Work, for the purpose of assisting with the annexation of the territory to the District, the establishment of annual assessments, and to prepare and file an Engineer’s Report with the City Clerk in accordance with the Act.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF ADELANTO, AS FOLLOWS:

Recitals: The above recitals are true and correct
22 Resolution No. 23-XX
March 8, 2023

Page 2 ends

Section 1. Engineer’s Report: The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk an Engineer’s Report concerning the annexation of territory to the District; the improvements and services connected therewith and the proposed levy of annual assessments beginning in the Fiscal Year July 1, 2023, and ending June 30, 2024, in accordance with Chapter 3 Section 22623 of the Act. Said Engineer’s Report shall contain a description of the improvements and services, an estimate of the costs financed by the levy of the assessments, the properties benefiting from the improvements and the method of apportioning the assessments connected with the annexation of said territory to the District.

Section 2. Proposed Improvements: The proposed improvements and services for the Annexation Territory may include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to lighting improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The Engineer’s Report prepared in connection with the Annexation Territory shall provide a more detailed description of the improvements and services to be provided and for which properties are to be assessed.

Section 3. Annexation Territory: The City Council hereby finds that proposed territory within the Annexation Territory consists of all lots, parcels and subdivisions of land within the planned 107 residential homes known as “Seneca Pointe III-Tract 20401” south of Seneca Road, east of Hacienda Road, and west of Stevens Road and that this Annexation Territory includes all properties that receive special benefits from the improvements to be provided.

Section 4. Assessments: The City Council hereby determines that in order to provide the improvements described in Section 2 of this resolution and to be detailed in the Engineer’s Report, it is necessary to levy and collect assessments against the lots and/or parcels within the Annexation Territory commencing in Fiscal Year 2023/2024 and said assessments shall be outlined and described in the Engineer’s Report and imposed pursuant to the provisions of the Act and the California Constitution Article XIIID.

PASSED, APPROVED AND ADOPTED this 8
th day of March 2023.
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
23 RESOLUTION NO. 23-17
DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY
KNOWN AS ADELANTO POINTE - TRACT 20504 TO THE ADELANTO
STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1 AS
ANNEXATION 2023-029, CALLING FOR A PROPERTY OWNER

PROTEST PROCEEDING ON THE MATTER OF A NEW ASSESSMENT,

PURSUANT TO THE PROVISIONS OF THE CALIFORNIA

CONSTITUTION, ARTICLE XIIID, TO LEVY AND COLLECT ANNUAL

ASSESSMENTS RELATED THERETO COMMENCING FISCAL YEAR
2023/2024, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; AND TO
PRELIMINARY APPROVE THE ANNEXATION ENGINEER’S REPORT
WHEREAS, the City Council, pursuant to provisions of the Landscaping and Lighting Act of 1972 being Part 2, Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”), did by previous Resolution, initiate proceedings for the annexation of territory known as Adelanto Pointe-Tract 20504 located south of Chamberlaine Way, north of Lee Avenue and east of Aster Road (hereafter referred to as “Annexation Territory”) to the Adelanto Streetlight Maintenance Assessment District No. 1 (hereinafter referred to as the “District) and the levy and collection of assessments against lots and parcels within said Annexation Territory commencing in fiscal year 2023/2024, and
WHEREAS, the City Council desires to annex the territory of land comprising the Annexation Territory to the District; and to establish such territory as Annexation 2023-029 (Adelanto Pointe-Tract 20504) within said District; and to levy and collect new assessments against lots and parcels of land within the Annexation Territory to pay the cost and expenses related to the special benefits received from the maintenance and operation of the lighting improvements connected therewith; and,
WHEREAS, the Assessment Engineer of Work has prepared and filed an Engineer’s Report in connection with the Annexation Territory and the levy of annual assessments connected therewith commencing in fiscal year 2023/2024 (beginning July 1, 2023, and ending June 30, 2024) with the City Clerk pursuant to Section 22623 of the Act, and said report has been presented to the City Council, and is incorporated herein by reference, and 24 Resolution No. XX-XX
March 8, 2023

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF ADELANTO, AS FOLLOWS:

Recitals: The above recitals are true and correct.

Section 1: Engineer’s Report, Content: The Engineer’s Report as presented, consists of the following:

The Plans and Specifications which describe the boundaries of the Annexation Territory (Adelanto Pointe-Tract 20504) and the improvements associated therewith that provide special benefits to the parcels therein. The Method of Apportionment that details the method of calculating proportional special benefit and the annual assessment obligation for each affected parcel. The Estimate of Improvement Costs including the calculation of the assessments and the estimated annual funding (“Budget”) required for the annual maintenance, servicing, and operation of lighting improvements and specifically the costs associated with the improvements determined to be of special benefit to parcels within the Annexation Territory establishing the proposed maximum assessment for Fiscal Year 2023/2024. The Assessment Range Formula (“Annual Inflationary Adjustment”) to be applied to the proposed Maximum Assessment per Equivalent Dwelling Unit established in Fiscal Year 2023/2024 is applicable in subsequent fiscal years. The proposed Maximum Assessments including the Assessment Range Formula shall be presented to the property owner(s) of record in a protest ballot proceeding pursuant to the California Constitution Article XIIID. Annexation Territory Diagrams outlining the boundaries of the Annexation Territory. An Assessment Roll containing the maximum assessments and proposed assessments for Fiscal Year 2023/2024 for each Assessor Parcel Number within the Annexation Territory.

Section 2: Engineer’s Report, Approval: The Engineer’s Report is hereby approved on a preliminary basis as submitted or amended by direction of this City Council and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Section 3: Intention: The City Council hereby declares its intention to annex the developments known as Adelanto Pointe-Tract 20504, to the Adelanto Streetlight Maintenance Assessment District No. 1 pursuant to Chapter 2 Article 2 of the Act, and to levy and collect annual assessments against parcels of land within the Annexation Territory commencing with fiscal year 2023/2024 25 Resolution No. XX-XX
March 8, 2023

Page 3 ends

in accordance with the Act and the provisions of the California Constitution Article XIIID. The territory being annexed to the District as part of these proceedings shall subsequently be designated as Annexation 2023-029 of the Adelanto Streetlight Maintenance Assessment District No. 1.

Section 4: Annexation Territory: The City Council hereby finds that proposed territory within the Annexation Territory consists of all lots, parcels and subdivisions of land within the planned 75 residential homes known as “Adelanto Pointe-Tract 20504” south of Chamberlaine Way, north of Lee Avenue and east of Aster Road consisting of San Bernardino County Assessor’s Parcel Number 0459-132-03-0000 and that the Annexation Territory includes all properties that receive special benefits from the improvements to be provided.

Section 5: Improvements: The proposed improvements and services for the Annexation Territory, include installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to lighting improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The Engineer’s Report prepared in connection with the Annexation Territory provides a more detailed description of the improvements and services to be provided and for which properties shall be assessed and by reference that Engineer’s Report is made part of this Resolution.

Section 6: Assessments: The City Council hereby determines that to provide the improvements described in section 5 of this resolution, it is necessary to levy and collect assessments against lots and parcels within the Annexation Territory commencing in fiscal year 2023/2024. The Engineer’s Report referred to in section 2 of this resolution establishes the proposed maximum assessment including an inflationary adjustment to the maximum assessment rate for Fiscal Year 2023/2024; and an estimate of assessment necessary to provide for the annual operation, administration, services and maintenance of the improvements for fiscal year 2023/2024.

Section 7: Compliance with the Constitution: Pursuant to California Constitution Article XIIID, an assessment ballot proceeding is hereby called on the matter of confirming the proposed new assessments for the Annexation Territory. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and each property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for this matter.
26 Resolution No. XX-XX
March 8, 2023

Page 4 ends

Section 8: Mailed Notice and Ballot: The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing; and in the same or separate mailing, mail the property owner protest ballot(s) to the subject property owner regarding the proposed levy of assessments and the assessment range formula outlined in the Engineer’s Report, for return receipt prior to the date and time of the public hearing set forth in this resolution.

Section 9: Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing concerning the Annexation Territory, the improvements, and the levy of assessments and in accordance with Section 22624 (e) and 22625 of the Act, notice is hereby given that on Wednesday May 10, 2023 at 7:30 P.M., the City Council will hold a Public Hearing for the Annexation Territory and the levy and collection of assessments related thereto commencing in fiscal year 2023/2024, or as soon thereafter as feasible. The Public Hearing will be held in the City Council Chambers, located in Adelanto, California, at the time so fixed. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Page 5 ends

on Wednesday May 10, 2023. After the close of the Public Hearing, pursuant to Section 4, SubSection 4 (e) of the California Constitution, the City shall tabulate the ballots returned to determine if majority protest exits. The ballots shall be weighted according to the proportional financial obligation of the affected property. Majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment.

Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection, and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Section 11: Notice: The City Clerk is hereby authorized and directed to give notice of such Public Hearing as provided by law.

PASSED, APPROVED AND ADOPTED this 8
th day of March 2023.
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
28 RESOLUTION NO. 23-18

INITIATING PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY (ADELANTO POINTE-TRACT 20504) TO

ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. 1 AND THE LEVY AND COLLECTION OF

ANNUAL ASSESSMENTS RELATED THERETO COMMENCING
WITH FISCAL YEAR 2023/2024, PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE
WHEREAS, the City Council through previous resolutions has established and levied annual assessments for the Adelanto Landscape Maintenance Assessment District No. 1 (hereinafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”) that provides for the collection of special benefit assessments by the County of San Bernardino on behalf of the City of Adelanto to pay the maintenance and services of improvements and facilities related thereto, and
WHEREAS, the City Council desires to initiate proceedings for the annexation of territory identified as Annexation 2023-029 (Adelanto Pointe-Tract 20504) located south of Chamberlaine Way, north of Lee Avenue and east of Aster Road (thereafter referred to as “Annexation Territory”), to the District pursuant to Chapter 2 Article 2 of the Act; and the establishment of the proposed maximum annual assessment related thereto; and the levy and collection of annual assessments against lots and parcels of land within the Annexation Territory commencing in fiscal year for the landscaping improvements and services that will provide special benefits to the properties within the Annexation Territory pursuant to Chapter 4 Article 2 of the Act and the California Constitution Article XIIID, and
WHEREAS, the City Council has retained Willdan as the Assessment Engineer of Work, for the purpose of assisting with the annexation of the territory to the District, the establishment of annual assessments, and to prepare and file an Engineer’s Report with the City Clerk in accordance with the Act.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF ADELANTO, AS FOLLOWS:

Recitals: The above recitals are true and correct.

Section 1. Engineer’s Report: The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk an Engineer's Report concerning the annexation of territory to the District; 29 Resolution No. 22-XX
March 8, 2023

Page 2 ends

the improvements and services connected therewith and the proposed levy of annual assessments beginning in the fiscal year commencing July 1, 2023, and ending June 30, 2024, in accordance with Chapter 3 Section 22623 of the Act. Said Engineer’s Report shall contain a description of the improvements and services, an estimate of the costs financed by the levy of the assessments, the properties benefiting from the improvements and the method of apportioning the assessments connected with the annexation of said territory to the District.

Section 2. Proposed Improvements: The proposed improvements and services for the Annexation Territory may include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to landscaping improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The Engineer’s Report prepared in connection with the Annexation Territory shall provide a more detailed description of the improvements and services to be provided and for which properties are to be assessed.

Section 3. Annexation Territory: The City Council hereby finds that proposed territory within the Annexation Territory consists of all lots, parcels and subdivisions of land within the planned 75 residential homes known as “Adelanto Pointe-Tract 20504” located south of Chamberlaine Way, north of Lee Avenue and east of Aster Road and that this Annexation Territory includes all properties that receive special benefits from the improvements to be provided.

Section 4. Assessments: The City Council hereby determines that in order to provide the improvements described in section 2 of this resolution and to be detailed in the Engineer’s Report, it is necessary to levy and collect assessments against the lots and/or parcels within the Annexation Territory commencing in fiscal year 2023/2024 and said assessments shall be outlined and described in the Engineer’s Report and imposed pursuant to the provisions of the Act and the California Constitution Article XIIID.

PASSED, APPROVED AND ADOPTED this 8
th day of March 2023.
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, Deputy City Clerk, CMC
30 RESOLUTION NO. 23-19
DECLARING THE CITY’S INTENTION TO ANNEX

TERRITORY TO THE ADELANTO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 , AND TO LEVY AND

COLLECT ANNUAL ASSESSMENTS RELATED THERETO
COMMENCING FISCAL YEAR 2023/2024, PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE; AND CALLING FOR A

PROPERTY OWNER PROTEST PROCEEDING, TO SUBMIT TO

THE QUALIFIED PROPERTY OWNERS THE QUESTION OF

LEVYING SUCH ASSESSMENTS FOR SAID ANNEXATION

TERRITORY PURSUANT TO THE PROVISIONS OF THE

CALIFORNIA CONSTITUTION, ARTICLE XIIID
WHEREAS, the City Council, pursuant to provisions of the Landscaping and Lighting Act of 1972 being Part 2, Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”), did by previous Resolution, initiate proceedings for the annexation of territory known as Adelanto Pointe-Tract 20504 south of Chamberlaine Way, north of Lee Avenue and east of Aster Road (hereafter referred to as “Annexation Territory”) to the Adelanto Landscape Maintenance Assessment District No. 1 (hereinafter referred to as the “District) and the levy and collection of assessments against lots and parcels within said Annexation Territory commencing in Fiscal Year 2023/2024, and
WHEREAS, the City Council desires to annex the territory of land comprising the Annexation Territory to the District; and to establish such territory as Annexation 2023-029 (Adelanto PointeTract 20504) within said District; and to levy and collect new assessments against lots and parcels of land within the Annexation Territory to pay the cost and expenses related to the special benefits received from the maintenance and operation of the landscape improvements connected therewith; and,
WHEREAS, the Assessment Engineer of Work has prepared and filed an Engineer’s Report in connection with the Annexation Territory and the levy of annual assessments connected therewith commencing in Fiscal Year 2023/2024 (beginning July 1, 2023, and ending June 30, 2024) with the City Clerk pursuant to Section 22623 of the Act, and said report has been presented to the City Council, and is incorporated herein by reference, and
31 Recitals: The above recitals are true and correct.

Section 1: Engineer’s Report, Content: The Engineer’s Report as presented, consists of the following:

The Plans and Specifications which describe the boundaries of the Annexation Territory (Adelanto Pointe-Tract 20504) and the improvements associated therewith that provide special benefits to the parcels therein. The Method of Apportionment that details the method of calculating proportional special benefit and the annual assessment obligation for each affected parcel. The Estimate of Improvement Costs including the calculation of the assessments and the estimated annual funding (“Budget”) required for the annual maintenance, servicing, and operation of landscape improvements and specifically the costs associated with the improvements determined to be of special benefit to parcels within the Annexation Territory establishing the proposed maximum assessment for Fiscal Year 2023/2024. The Assessment Range Formula (“Annual Inflationary Adjustment”) to be applied to the proposed Maximum Assessment per Equivalent Dwelling Unit established in Fiscal Year 2023/2024 is applicable in subsequent Fiscal Years. The proposed Maximum Assessments including the Assessment Range Formula shall be presented to the property owner(s) of record in a protest ballot proceeding pursuant to the California Constitution Article XIIID. Annexation Territory Diagrams outlining the boundaries of the Annexation Territory. An Assessment Roll containing the maximum assessments and proposed assessments for Fiscal Year 2023/2024 for each Assessor Parcel Number within the Annexation Territory.

Section 3: Intention: The City Council hereby declares its intention to annex the developments known as Adelanto Pointe-Tract 20504, to the Adelanto Landscape Maintenance Assessment District No. 1 pursuant to Chapter 2 Article 2 of the Act, and to levy and collect annual assessments against parcels of land within the Annexation Territory commencing with Fiscal Year 2023/2024 in accordance with the Act and the provisions of the California Constitution Article XIIID. The territory being annexed to the District as part of these proceedings shall subsequently be designated as Annexation 2023-029 of the Adelanto Landscape Maintenance Assessment District No. 1.

Section 4: Annexation Territory: The City Council hereby finds that proposed territory within the Annexation Territory consists of all lots, parcels and subdivisions of land within the planned 75 residential homes known as the “Adelanto Pointe-Tract 20504)” south of Chamberlaine Way, , north 32 of Lee Avenue and west of Aster Road consisting of San Bernardino County Assessor’s Parcel Number 0459-132-03-0000 and that this Annexation Territory includes all properties that receive special benefits from the improvements to be provided.

Section 5: Improvements: The proposed improvements and services for the Annexation Territory, include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to landscape improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.

The Engineer’s Report prepared in connection with the Annexation Territory provides a more detailed description of the improvements and services to be provided and for which properties shall be assessed and by reference that Engineer’s Report is made part of this Resolution.

Section 6: Assessments: The City Council hereby determines that to provide the improvements described in section 5 of this resolution, it is necessary to levy and collect assessments against lots and parcels within the Annexation Territory commencing in Fiscal Year 2023/2024. The Engineer’s Report referred to in section 2 of this resolution establishes the proposed maximum assessment including an inflationary adjustment to the maximum assessment rate for Fiscal Year 2023/2024; and an estimate of assessment necessary to provide for the annual operation, administration, services and maintenance of the improvements for Fiscal Year 2023/2024.

While provisions of the California Constitution Article XIIID require that the City conduct a public hearing not less than 45 days after mailing a notice of the proposed assessment to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed, California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and the forty-five day mailed ballot period before the scheduled public hearing is not established for a public reason, but is solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed. 33 Section 8: Mailed Notice and Ballot: The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing; and in the same or separate mailing, mail the property owner protest ballot(s) to the subject property owner regarding the proposed levy of assessments and the assessment range formula outlined in the Engineer’s Report, for return receipt prior to the date and time of the public hearing set forth in this resolution.

Section 9: Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing concerning the Annexation Territory, the improvements, and the levy of assessments and in accordance with Section 22624 (e) and 22625 of the Act, notice is hereby given that on Wednesday May 10, 2023 at 7:00 P.M., the City Council will hold a Public Hearing for the Annexation Territory and the levy and collection of assessments related thereto commencing in Fiscal Year 2023/2024, or as soon thereafter as feasible. The Public Hearing will be held in the City Council Chambers, located in Adelanto, California, at the time so fixed. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Section 10: Determination of Majority Protest: The property owner protest ballot proceeding conducted for the Annexation Territory shall constitute the property owner’s approval or rejection of the annual levy of assessments and assessment range formula. The property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on Wednesday, May 10, 2023. After the close of the Public Hearing, pursuant to Section 4, Sub-Section 4 (e) of the California Constitution, the City shall tabulate the ballots returned to determine if majority protest exits. The ballots shall be weighted according to the proportional financial obligation of the affected property. Majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment.

Section 11: Notice: The City Clerk is hereby authorized and directed to give notice of such Public Hearing as provided by law.
34 PASSED, APPROVED AND ADOPTED this 8th day of March 2023. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, Deputy City Clerk, CMC
35 City of Adelanto
Streetlight Maintenance
Assessment District No. 1
Engineer’s Report
Annexation of Territory and Establishment of
2023-029 (Adelanto Pointe-Tract 20504)
Commencing Fiscal Year 2023/2024
Intent Meeting: March 8, 2023
27368 Via Industria Public Hearing: May 10, 2023
Suite 200
Temecula, CA 92590
T 951.587.3500
F 951.587.3510
www.willdan.com/markets/governme
nt.aspx
36 ENGINEER'S ANNEXATION REPORT AFFIDAVIT
City of Adelanto
Adelanto Streetlight Maintenance Assessment District No. 1 Annexation No. 2023-029 (Adelanto Pointe-Tract 20504)
Commencing in Fiscal Year 2023/2024
City of Adelanto,
San Bernardino County, State of California
As part of the Resolution of Intention packet presented for the consideration of the Adelanto City Council, this Report and the enclosed budgets, diagrams, and descriptions outline specific proposed changes to the Adelanto Streetlight Maintenance Assessment District No. 1 for fiscal year 2023/2024, including the annexation of territory to the District; and the proposed new annual assessment for all parcels within annexation 2023-029 (Adelanto Pointe-Tract 20504) commencing in Fiscal Year 2023/2024. Reference is hereby made to the San Bernardino County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of parcels within annexation 2023-029 known as Adelanto Pointe-Tract 20504, that will be subject to the proposed annual assessment.

The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2023.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Adelanto
By: ________________________________
Stacee Reynolds
Principal Consultant
By: ________________________________
Tyrone Peter
P. E. # C 81888
37 Table of Contents
INTRODUCTION ...........................................................................................................................1 PART I — PLANS AND SPECIFICATIONS ......................................................................................3 IMPROVEMENTS AUTHORIZED BY THE 1972 ACT.....................................................................3 DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED ..................................3 ZONES AND IMPROVEMENTS ANNEXATION TERRITORY FISCAL YEAR 2023/2024 ....................5 PART II — METHOD OF APPORTIONMENT....................................................................................6 LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS ................................................................6 SPECIAL BENEFITS .................................................................................................................6 GENERAL BENEFIT..................................................................................................................7 ASSESSMENT METHODOLOGY................................................................................................7 ASSESSMENT RANGE FORMULA........................................................................................... 11 PART III — ESTIMATE OF COSTS................................................................................................12 PART IV — DISTRICT DIAGRAM..................................................................................................13 PART V — ASSESSMENT ROLL..................................................................................................15 38 Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
Annexation 2023-029 -Tract 20504
Fiscal Year 2023/2024

Page 1 ends

Introduction
Pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2, Division 15, of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), this report is prepared in compliance with the requirements of Article 4, Chapter 1, of the 1972 Act regarding the annexation of territory into the City’s existing Adelanto Streetlight Maintenance Assessment District No. 1 (hereafter referred to as “District”).

The City Council of the City of Adelanto being the legislative body for the District, may, pursuant to the 1972 Act, annex territory and levy annual assessments for the operations and administration of the District. In Section 22608 of the 1972 Act, it states “right of majority protest shall be limited to the territory proposed to be annexed”.

In addition, the 1972 Act provides for the levy of annual assessments after annexation into or formation of an assessment district for the continued maintenance and servicing of the improvements. The 1972 Act further allows various areas to be annexed into an existing district when the territory in the annexation receives substantially the same proportional special benefits from the improvements. The costs associated with the installation, maintenance, and servicing of the improvements may be assessed to properties, which benefit from the installation, maintenance, and servicing of such improvements.

This report specifically addresses the annexation of Tract 20504 consisting of 15.00 acres of land to be subdivided into seventy-five (75) residential homes and two (2) common areas.

In accordance with the 1972 Act, the District utilizes benefit zones (“Zones”) to address variations in the nature, and extent of the improvements that provide special benefits to parcels in the District.

This territory is more specifically identified as:
➢ Adelanto Pointe-Tract 20504 which is located south of Chamberlaine Way, north of Lee Avenue and east of Aster Road. This development located on Assessor Parcel: 0459-132-03-0000; will develop out to seventy-five (75) residential homes and two (2) common areas.

This annexation territory is proposed to be annexed into the District and levied assessments commencing in Fiscal Year 2023/2024, and shall be known as:

Annexation 2023-029 for the Adelanto Streetlight Maintenance Assessment District No. 1 (hereafter referred to “Annexation 2023-029”). The properties associated with and identified herein as Annexation 2023-029 are shown on the Assessment Diagrams incorporated herein as Part IV of this Report. 39 Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
Annexation 2023-029 -Tract 20504
Fiscal Year 2023/2024

Page 2 ends

This Report has been prepared in connection with the annexation of parcels into the District for Fiscal Year 2023/2024, designated as Annexation 2023-029, pursuant to a resolution of the City Council and consists of five (5) parts:

PART I – PLANS AND SPECIFICATIONS
Contains a description of the improvements to be maintained or serviced through the District.

PART II – METHOD OF APPORTIONMENT
Describes the basis on which the costs have been apportioned to each parcel of land within the District, in proportion to the estimated benefits to be received.

PART III – ESTIMATE OF COST
Identifies the estimated cost of the services or maintenance to be provided through the District, including incidental costs and expenses in connection therewith.

PART IV – ASSESSMENT DIAGRAM
Contains diagrams showing the existing exterior boundaries of the District, and the location and parcels that receive special benefits from the streetlight improvements to be provided and maintained as part of Annexation 2023-029. The lines and dimensions of each lot, parcel, and subdivision of land within Annexation 2023-029 are inclusive of all parcels listed in Part V – Assessment Roll of this Report and the corresponding San Bernardino County Assessor's Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments, or parcel changes therein.

Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within Annexation 2023-029.

PART V – ASSESSMENT ROLL
Identifies the maximum assessment to be levied on each benefited lot or parcel of land within Annexation 2023-029.
40 Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
Annexation 2023-029 -Tract 20504
Fiscal Year 2023/2024

Page 3 ends

Part I — Plans and Specifications
IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to the District, the 1972 Act defines improvements to mean one or any combination of the following:
➢ The installation or construction of public lighting facilities. ➢ The maintenance and/or servicing of any public lighting facilities. ➢ The acquisition of any existing lighting improvement otherwise authorized pursuant to this section. ➢ Incidental expenses associated with the lighting improvements which include, but are not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the giving of published, posted, and mailed notices; • Compensation payable to the county for collection of assessments; • Compensation of any engineer or attorney employed to render services in the proceeding; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including the repair, removal, or replacement of all or any part of any lighting improvement.

DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The District was established to collect funds to cover the expenses for energy and maintenance of streetlights in the City. The existing improvements for the District include, but are not limited to, and may be generally described as follows:
➢ The installation of streetlighting, traffic signals, and other appurtenant facilities that are necessary for the daily operation of said lighting located within City road rights-of-way. Installation covers all work necessary for the installment or replacement of said lighting and all appurtenant work necessary to complete said installation or replacement.
➢ The operation, maintenance, and servicing of all existing streetlighting, traffic signals, and other appurtenant facilities necessary for the daily operation of said lighting located within City road rights-ofway. Operation, maintenance, and servicing means all work necessary to maintain said lights in proper operation including providing energy to operate the lights. 41 Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
Annexation 2023-029 -Tract 20504
Fiscal Year 2023/2024

Page 4 ends

The streetlight improvements within the eight (8) Zones of the District include:

Original District:
• Tract 16829 — 13 Streetlights
• 11 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles; • 2 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles; Annexation 2005-001:
• Tract 17030 —11 Streetlights
• 10 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles; • 1 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles; Annexation 2005-002:
• Tract 17045, -1, -2 and -3 — 45 Streetlights
• 30 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles; • 15 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles; Annexation 2005-003:
• Tract 16917 — 17 Streetlights
• 11 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles; • 6 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles; Annexation 2006-009:
• Tract 16848 — 16 Streetlights
• 6 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles; • 10 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles; Annexation 2007-022:
• Tracts 13896, 13896-1, -2, and -3 — 24 Streetlights
• 14 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles; • 10 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles; Annexation 2019-001:
• Tract 20129 — 22 Streetlights
• 19 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles; • 3 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles; Annexation 2021-028:
• Stone Briar IV - Tract 20133— 14 Streetlights
• 14- 5,000 lumens (100 watt) H.P.S. lamps on concrete poles; 42 Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
Annexation 2023-029 -Tract 20504
Fiscal Year 2023/2024

Page 5 ends

ZONES AND IMPROVEMENTS ANNEXATION TERRITORY FISCAL YEAR 2023/2024 Annexation 2023-029:
• Adelanto Pointe-Tract No. 20504 — 10 Streetlights
• 7- 9,500 lumens H.P.S.V. lamps on concrete poles
• 3- 22,000 lumens H.P.S.V. lamps on concrete poles;
43 Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
Annexation 2023-029 -Tract 20504
Fiscal Year 2023/2024

Page 6 ends

Part II — Method of Apportionment

LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS
The costs of the proposed improvements have been identified and allocated to properties within the Annexation 2023-029 based on proportional special benefit with the Assessor Parcel Numbers currently in the District, consistent with the provisions of the 1972 Act and the assessment provisions of Proposition 218 (being contained in Article XIII D of the California Constitution). The improvements provided by this District and for which properties within the annexation areas are assessed, are identified as streetlights that were installed due to development or prior to this annexation. The formulas used for calculating assessments and the designation of Zones herein reflect the composition of parcels within the Annexation 2023-029, and the streetlight improvements are fairly apportioned among the parcels in the District.

In addition to the provisions of the 1972 Act, Article XIII D of the California Constitution outlines specific requirements regarding assessments including the following:

Article XIII D Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”; Article XIII D Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over, and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”
Article XIII D Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”

SPECIAL BENEFITS
In the District, the streetlight and traffic signal improvements were installed by the developers/owners, sub dividers of the land. The continued maintenance has been guaranteed through the inclusion of the land into a streetlight maintenance district. If the installation of the improvements and the guaranteed maintenance did not occur, the individual lots would not have been originated and could not have been sold to any distinct and separate owner. The origination of each distinct and separate lot is a special benefit, which permits the construction of a building or structure on the property and the ownership and sale of the distinct lot in perpetuity.

All the lots were established at the same time once the conditions regarding the improvements and the continued maintenance were met. As a result, each lot within the District receives a special and distinct benefit from the improvements and to the same degree.
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Over time, the improvements continue to confer a particular and distinct special benefit upon parcels within the District because of the nature of the improvements. The proper maintenance of the streetlights and appurtenant facilities reduces property-related crimes, especially vandalism, against properties in the District.

All of the above-mentioned items also contribute to a specific enhancement to each of the parcels within the District.

GENERAL BENEFIT
In addition to the special benefits provided to the parcels within each Zone, there are incidental general benefits conferred by the District improvements to the public at large. For local streetlights, it is estimated that the general benefit provided by the improvements for any Zone is incidental (typically less than one percent (1%) and is difficult to quantify. Nonetheless, the City has agreed to ensure that no property is assessed more than the reasonable cost of the proportional special benefit conferred on that property.

The general benefit provided by streetlights and traffic signals on the City’s streets is a benefit to all parcels within the City. Therefore, all parcels equally share the cost of the streetlights and traffic signals.

The total benefits are a combination of the special benefits to the parcels within the District and the general benefits to the public at large and to the adjacent property owners. The portion of the total streetlight and traffic signal maintenance costs which are associated with general benefits will not be assessed to the parcels in the District but will be paid from other City funds.

ASSESSMENT METHODOLOGY
The method of apportionment for this District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of the parcels benefiting from the improvements provided based on each parcel’s actual land use or proposed planned development as compared to other properties and this comparison is reliant upon the special benefit received from the specific type of improvements and services provided or planned within each respective Annexation of the District.

Land Use Definitions
The District assessment is based on land use so that property owners are assessed in proportion to the benefits received. The land uses defined below are descriptive of all parcels within the District. In the event there is a question regarding the land use designation of any parcel in the District, the City Engineer will be responsible for administratively assigning one of the land uses listed below in Table 1. 45 Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
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Table 1—Land Use Definitions
Land Use Code Land Use Description
RES Single family residential parcels that benefit from local lighting.

RES-X Single family residential parcels that do not benefit from local lighting.

CONDO Condominium or town home parcels that benefit from local lighting.

APT Multiple family residential parcels that benefit from local lighting.

APT-X Multiple family residential parcels that do not benefit from local lighting.

MH Mobile homes that benefit from local lighting.

MH-X Mobile homes that do not benefit from local lighting.

NONRES Non-residential parcels that benefit from local lighting.

NONRES-X Non-residential parcels that do not benefit from local lighting.

VACANT Parcels without a building or similar structure that benefit from local lighting.

VACANT-X Parcels without a building or similar structure that do not benefit from local lighting.

EXEMPT Parcels exempt by law from the assessment, or those parcels that do not benefit from the District.

Properties that do not benefit from local streetlights are designated with an “X” in the Land Use Code, and are not assessed for local lighting, but are assessed for their share of the costs for peripheral lighting and engineering and incidentals.

Local Lighting Apportionment
The special benefit from the maintenance, operation, and servicing of local streetlights within the District only accrues to those parcels within the District located in areas where such lighting is provided. Therefore, parcels outside the District and/or without local streetlights are not assessed for the cost of providing such maintenance. Generally, a parcel is determined to have local lighting provided if a streetlight is within approximately 90 feet of the parcel. However, parcels within a District, regardless of location, are considered to benefit from such improvements installed within the District.

Regarding local lighting, the core benefit of available lighting for every parcel in the District is that the parcels are near a streetlight. This “Availability” benefit is apportioned to parcels in the District on a per parcel basis.

In addition to this benefit, parcels in the District benefit from improved safety related to people who own or use the parcels in the District (“Safety to People”) and improved safety related to the parcel itself (“Safety to Property”).

Safety to People
The Safety to People benefit results in a special benefit to residential parcels because local streetlights improve traffic safety during ingress and egress to the property and creates a deterrent to crime against people on the property. Vacant, non-developable properties within the District are not perceived to receive Safety to People benefit.
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Safety to Property
The Safety to Property benefit results in a special benefit to both residential and vacant non-developable parcels because local lighting maintenance, operation, and servicing provides for the protection of buildings and personal property against crime such as theft and vandalism. The Safety to Property benefit is apportioned to properties in the District based on relative property size as available from the City of Adelanto Planning Department.

Local Traffic Signal Apportionment
Traffic signals are installed as a result of the increased traffic generated by the development. The special benefit from the maintenance, operation, and servicing of local traffic signals, including highway safety lights mounted on the traffic signals within the District is similar to the streetlights. Traffic signals have a safety to people and property benefit by improving traffic safety. However, traffic signals are typically installed outside of the development and therefore benefit the general public, thus the costs are not allocated to the District Parcels.

The following table shows the standard benefit factors attributable to streetlights by property type.

TABLE 2 -- BENEFIT FACTORS
Land Use Description
Safety to
People
Safety to
Property
Availability
Benefit
Total Equivalent Dwelling
Units (EDU)
Single Family Residential .50/unit .25/unit .25/parcel 1.00 EDU/Parcel Condominium .43/unit .12/unit .25/parcel .80 EDU/Parcel Multi-family up to 20 units
Multi-family more than 20 units
.45/unit
.45/unit
.09/unit

1.80/parcel
.25/parcel
.25/parcel
.54/Unit + .25 EDU/Parcel
.45/Unit + 2.05 EDU/Parcel
Mobile home up to 20 units
Mobile home more than 20 units
.20/unit
.20/unit
.13/unit

2.60/parcel
.25/parcel
.25/parcel
.33/Unit + .25 EDU/Parcel
.20/Unit + 2.85 EDU/Parcel
Nonresidential 1.00/acre 1.50/acre 1.50/acre 4.00 EDU/Net Acre Vacant 0.00/parcel .25/parcel .25/parcel .50 EDU/Parcel An EDU (Equivalent Dwelling Unit) is used as a way to relate dissimilar land uses such as commercial and residential. As an example: One acre of commercial is approximately equal to 4 residential parcels.

The following Table 3 -- Peripheral Lighting Benefit Factors shows the breakdown of the benefit points assigned to each land use for all assessable property in the District. The single-family parcel has been selected as the basic unit for calculation of the assessments and is defined as one (1) EDU. Other land use parcels receive slightly varying levels of benefit based on parcel usage and size. Equivalent factors have been developed to indicate the benefit received based on the single-family parcel. All other land uses are converted to EDUs in the manner shown in the following table. 47 Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
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TABLE 3 -- PERIPHERAL LIGHTING BENEFIT FACTORS
Land Use Description Total Benefit Points
Single Family Residential 1.00 EDU/Parcel
Condominium 0.85 EDU/Parcel
Multiple Family 0.95 EDU/Unit
Mobile home 0.40 EDU/Unit
Nonresidential 1.00/7,200 square feet (parcel) size)
Vacant 0.25 EDU /parcel
Vacant parcels, which have no people residing on the property, also benefit from peripheral lighting because of the convenience associated with emergency vehicle access and other traffic that must use the arterial streets to service the vacant properties in the District. Therefore, vacant parcels are assigned per parcel benefit factors. Vacant parcels are assigned benefit factors based on the core benefit attributable to every assessable parcel in the District from peripheral lighting of .25 EDU per parcel.

Peripheral streetlights and traffic signals will remain peripheral until such time as they fall within a district. At such time, these streetlight or traffic signal will be removed from the peripheral inventory and placed within the new district inventory. The total assessment for a parcel is thus a combination of the local lighting, traffic signals, and peripheral lighting benefit factors. Each element (local streetlight, local traffic signal, and peripheral improvements) will be determined individually.

Traffic signal improvements may include both local and peripheral traffic signals. Local traffic signals are signals or portions thereof installed within the annexation. Peripheral traffic signals are portions of traffic signals installed outside of the annexation.

Assessments for local street lighting will be determined using Table 2 and the current EDU rate to maintain streetlights within each Zone. Assessments for local traffic signals will be determined using Table 2 less the “benefit to property” factor and the current EDU rate to maintain traffic signals within each Zone. Assessments for peripheral improvements will be determined using Table 3 and the current EDU rate to maintain these improvements throughout the District.

Exempt Properties
Properties classified as Exempt Properties may include but are not limited to lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, rights-of-way, public greenbelts and parkways; utility rights-of-ways; common areas, sliver parcels and bifurcated lots or any other property the City has determined that the parcel cannot be developed; publicly owned properties that are part of the District improvements or that have little or no improvement value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment and are assigned 0.00 EDU. 48 Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
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Special Cases
As with any assessment district, there may be a specific property or properties that the typical land use classifications and method of apportionment does not completely reflect the proportional special benefits received as compared to other parcels. Usually, this type of issue arises from property specific development issues in which either the use of that property is significantly restricted or limited compared to other properties, or the timing of the City accepting the specific improvements associated with that property as compared to other properties and developments. In these cases, the assessment engineer may determine that an appropriate calculation of proportional benefit would be better reflected by applying a reduced weighting factor that accounts for the property’s reduced benefit. Because a district’s method of apportionment ultimately establishes not only the assessment for each parcel, but the proportional benefit between parcels, identifying any parcel as a “Special Case” and deviating from the standard method of apportionment applied to other properties in the district ultimately effects the proportional assessment of those other properties.

ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (the Proposition 218 implementing legislation).

The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, balloting of property owners is required pursuant to the Article XIIID Section 4. The property owner ballots include an Assessment to be approved, as well as the approval of an assessment range formula.

The Maximum Assessment is equal to the initial Assessment approved by property owners adjusted based upon the greater of the latest composite percentage change in California Public Utilities Commission (CPUC) approved rates for each light fixture used in the City’s Streetlight Maintenance District or the Consumer Price Index, All Urban Consumers, for the Riverside-San Bernardino-Ontario Areas ("CPI"), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Engineer shall compute the percentage difference between the CPI for February of each year and the CPI for the previous February and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. In the future, should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index, or a comparable system as approved by the City Council for determining fluctuations in the cost of living.

The Maximum Assessment is adjusted annually and is calculated independent of the annual budgets and proposed assessments established for each Annexation of the District. Any proposed annual assessment (rate per EDU) less than or equal to this Maximum Assessment (for each Annexation) is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior fiscal year. Although the Maximum Assessment will increase each year, the actual District assessments may remain virtually unchanged. The Assessment Range Formula shall be applied to the maximum assessment rate for the Annexation Territory 2023-029 commencing in fiscal year 2024/2025 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application. 49 Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
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Part III — Estimate of Costs
The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses.

The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within Annexation 2023-029 is the total cost of maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

The estimated annual improvement costs for Annexation 2023-029 are identified below:

BUDGET ITEM
Annexation 2023
(Adelanto Pointe -
Tract 20504)
DIRECT COSTS (Labor/Materials)
Labor/Material $2,293
Streetlight Maintenance/Energy 1,921
Total Direct Costs $4,214

ADMINISTRATION
District Administration $588
County Administration Fee 23
Total Administration $611
TOTAL DIRECT COSTS & ADMINISTRATION EXPENSES $4,825

LEVY ADJUSTMENTS
Reserve Fund Collection/(Contribution) $1,054
Revenue from Other Sources (Contribution) 0
General Benefit Perimeter Lights -248
General Fund Collection/(Contribution) 0
Total Levy Adjustments $806
BALANCE TO LEVY $5,631
Total Parcels at Build Out 77
Total EDUs 75.00
Fiscal Year 2023/2024 Assessment Rate per EDU $75.08
Fiscal Year 2023/2024 Maximum Rate per EDU $75.08
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Part IV — DISTRICT DIAGRAM
The original Diagram for the Adelanto Streetlight Maintenance Assessment District No. 1 and each of the Annexations are on file with the City Clerk and by reference herein are made part of this Report. The parcels within the Adelanto Streetlight Maintenance District No. 01 consist of all lots, parcels and subdivisions of land shown on the San Bernardino County Assessor’s parcel maps. The lines and dimensions shown on the County Assessor Parcel maps for the current year are incorporated by reference herein and made part of this report.
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Part V — ASSESSMENT ROLL
Parcel identification for each lot or parcel within Annexation 2023-029 shall be the parcels as shown on the San Bernardino County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps.

The following is a list of the lots and parcel of land within the District and the corresponding maximum assessment.

Assessor's Owner EDU Maximum Assessment Maximum
Parcel Number Rate Assessment
0459-132-03-0000 Rhode Island Dev LLC 75.00 $75.08 $5,630.97 53 City of Adelanto
Landscape Maintenance
Assessment District No. 1
Engineer’s Report
Annexation of Territory and Establishment of
2023-029 (Adelanto Pointe-Tract 20504)
Commencing Fiscal Year 2023/2024
Intent Meeting: March 8, 2023
Public Hearing: May 10, 2023
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500
F 951.587.3510
www.willdan.com/markets/govern
ment.aspx
54 ENGINEER'S ANNEXATION REPORT AFFIDAVIT
City of Adelanto
Landscape Maintenance Assessment District No. 1
Annexation of Territory and Improvements; and,
Establishment of 2023-029
Commencing in Fiscal Year 2023/2024
City of Adelanto,
San Bernardino County, State of California
As part of the Resolution of Intention packet presented for the consideration of the Adelanto City Council, this Report and the enclosed budgets, diagrams, and descriptions outline specific proposed changes to the Landscape Maintenance Assessment District No. 1 (LMAD No. 1) for Fiscal Year 2023/2024, including the annexation of territory to the District; the expansion of the improvements to be maintained within the District, and the proposed annual assessment for all parcels within the Annexation Territory commencing in Fiscal Year 2023/2024. Reference is hereby made to the San Bernardino County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of parcels within LMAD No.1, 2023-029 Annexation Territory known as Adelanto Pointe-Tract No. 20504 that will be subject to the proposed annual assessment.

The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2023.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Adelanto
By: ________________________________
Stacee Reynolds
Principal Consultant
By: ________________________________
Tyrone Peter
P. E. # C 81888
55 Table of Contents
INTRODUCTION ...........................................................................................................................1 PART I — PLANS AND SPECIFICATIONS ......................................................................................6 DESCRIPTION OF THE DISTRICT ..............................................................................................6 ZONES AND IMPROVEMENTS EXISTING DISTRICT ...................................................................7 ZONES AND IMPROVEMENTS ANNEXATION TERRITORY FISCAL YEAR 2023/2024 ....................8 PART II — METHOD OF APPORTIONMENT....................................................................................9 LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS ................................................................9 BENEFIT ANALYSIS .................................................................................................................9 ASSESSMENT METHODOLOGY.............................................................................................. 11 PART III — ESTIMATE OF COSTS................................................................................................13 PART IV — BOUNDARY DIAGRAM..............................................................................................16 PART V — ASSESSMENT ROLL..................................................................................................18 56 Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
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Introduction
The City of Adelanto (“City”), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) established the assessment district designated as:

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1
(hereinafter referred to as “LMAD” or “District”). Pursuant to the provisions of the 1972 Act and in compliance with the substantive and procedural requirements of Article XIIID of the California State Constitution (the “California Constitution”), the City Council of the City of Adelanto (“City”), proposes to annex territory established as 2023-029, expand the improvements to be provided and maintained within the LMAD, and to conduct a protest ballot proceeding for the special benefit assessment to be levied and collected annually on the parcels within the Annexation Territory in order to fund in whole or in part the maintenance and operation of certain public improvements that may include, but is not limited to landscaping, parks and appurtenant facilities that provide special benefits to those properties commencing in Fiscal Year 2023/2024.

As required pursuant to Chapter 1, Article 4 of the 1972 Act, this Report shall serve as the detailed engineer’s report for the annexation of territory to Landscape Maintenance Assessment District No. 1, for 2023-029 (hereafter referred to as the, “Annexation Territory”) and the establishment of the annual assessments to be levied and collected upon properties within the proposed Annexation Territory in connection with the special benefits each property receives from the maintenance and servicing of the improvements to be provided by the City through the District. The assessment described herein will provide an annual funding source to adequately support the ongoing maintenance, servicing, operation, and incidental expenses associated with the landscape improvements, and appurtenant facilities and amenities that benefit the identified properties within the Annexation Territory. The Annexation Territory as shown on the diagram contained in Part IV of this Report, encompass all lots and parcels of land within a defined area of the City that will receive special benefits from the ongoing servicing, maintenance, operation, and incidental expenses associated with the improvements to be funded by the assessments. Parcels within the Annexation Territory will be assessed for their proportionate special benefit of the shared landscape improvements and appurtenant facilities.

The City Council of the City of Adelanto adopted its General Plan with various elements to provide guidelines for orderly development of property within the City. The City Council further adopted ordinances and regulations governing the development of land providing for the installation and construction of certain landscaping and appurtenant facilities to enhance the quality of life and to benefit the value of property.

The requirement for the installation of landscaping, streets and appurtenant facilities is a condition of development provided for in the City's Subdivision Ordinance and is a requirement for issuance of a permit for construction of commercial, residential, and planned unit development. These improvements generally include but are not limited to street lights and related equipment and fixtures; various landscape materials such as trees, turf, shrubs, vines, and ground cover; irrigation and drainage systems; structural amenities such as monuments, block walls, retaining walls, or other fencing; hardscapes including mulch, trail and path surfaces, stamped concrete and pavers; recreational amenities such as benches, picnic facilities, play structures; signage, and related appurtenances.
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The installation of landscaping and appurtenant facilities is the responsibility of the sub-divider or other development/applicant, triggered by the approval of a tentative subdivision map or other development application. After installation, it is City policy that the servicing, operation, maintenance, repair, and replacement of landscaping and appurtenant facilities in turn become the financial responsibility of the properties that specially benefit from the facilities.

In accordance with the 1972 Act, the District utilizes benefit zones (“Zones”) to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Within the boundaries of the District, parcels are assigned to a Zone, each of which is associated with specific improvements that provide special benefit to properties within that Zone.

ANNEXATION TERRITORY
The Annexation Territory consists of all lots and parcels of land within the planned development identified as Adelanto Pointe-Tract No. 20504. Adelanto Pointe-Tract No. 20504 is proposed to be developed with a total of 75 residential units, 1 water basin lot and 1 park and will be identified as Annexation 2023-029. This annexation area will pay the special benefit costs associated with the ongoing annual maintenance of the improvements in the designated Zone.

This Report has been prepared pursuant to the provisions of the California Constitution and the 1972 Act and shall serve as the detailed engineer’s report regarding the annexation of the designated Annexation Territory (Adelanto Pointe-Tract No. 20504) into the Adelanto Landscape Maintenance Assessment District No 1 and the proposed assessments to be levied on the properties therein commencing in Fiscal Year 2023/2024 for the proportional special benefits the properties will receive from the ongoing maintenance and servicing of the improvements associated with and/or resulting from the development of properties within the Annexation Territory.

The City Council proposes to annex the Annexation Territory into the District as Annexation 2023- 029, and to levy and collect annual special benefit assessments on the County tax rolls to provide ongoing funding for the direct expenditures, incidental expenses, and fund balances that are necessary to service and maintain the landscaping improvements associated with and resulting from the development of property within the Annexation Territory. The improvements described in this Report for the Annexation Territory are based on the initial improvement and development plans for Book 459, page 132, lot 3 and by reference those plans, and specifications are made part of this Report. The estimated budget provided herein is based on the City’s estimate of the Annexation Territory expenses for local improvements and services in the Annexation Territory. The resulting annual assessments are calculated utilizing the method of apportionment established under Part II Method of Apportionment and are made pursuant to the 1972 Act and the substantive and procedural provisions of the California Constitution.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Bernardino County Assessor’s Office. The San Bernardino County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.

PROCEEDINGS AND REPORT CONTENT
This Report specifically addresses the proposed annexation of territory, the establishment of Zones, the resulting Zone boundary, the various improvements within the Zone, and the proposed 58 Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
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assessment to be levied in connection with the special benefits the properties will receive from the maintenance and servicing of the improvements based on the estimated operating and maintenance expenses. The proposed annual assessment to be levied on properties within the Annexation Territory will provide a source of funding for the continued operation, maintenance, and servicing of the landscaping and appurtenant facilities (collectively referred to as improvements) to be provided by the District for the special benefit of properties within the Zone.

The District assessments as described herein are based on the City’s estimate of the costs to maintain, operate and service the improvements. The costs of the improvements and the proposed annual assessment budgeted and assessed against properties within the Annexation Territory may include, but are not limited to the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years; revenues from other sources; and the collection of funds for operational reserves and/or periodic repairs, replacements and rehabilitation projects as authorized by the 1972 Act. The net annual cost to provide the improvements for each Zone are allocated to the benefiting properties within that Zone using a weighted method of apportionment (refer to Assessment Methodology in Section II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services. Thus, each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.

Ballot Proceedings
As part of these proceedings, the City shall conduct a property owner protest ballot proceeding (“Ballot Proceeding”) for the proposed levy of an assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4, and in accordance with the provisions of Government Code, Section 53753. In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing to consider public testimonies, comments and written protests regarding the annexation, the resulting Zone boundary, and the assessment described herein. Upon conclusion of the public hearing, property owner protest ballot(s) received will be opened and tabulated to determine whether majority protest exists as defined in Article XIIID of the California Constitution.

As specified by the California Constitution, Article XIIID Section 4e:
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.” After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If majority protest exists for the proposed Annexation 2023-029, further proceedings to annex the parcel within the District and implementation of the Zone and assessment shall be abandoned at this time.

If tabulation of the ballots indicates that majority protest does not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council by resolution may adopt this Report (as submitted or amended); approve the assessment diagrams (Zone Boundary Diagram) contained herein; order the annexation of the parcels within LMAD and the improvements to be made; and confirm the assessment as outlined in this Report.

The assessment as approved, may be levied and collected on the County tax rolls commencing in Fiscal Year 2023/2024 together with the assessments for other properties in the District. For fiscal year 2023/2024 and each subsequent fiscal year, an engineer’s annual levy report for the District shall be prepared and presented to the City Council to address any proposed changes to the District, 59 Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
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including 2023-029, as well as any proposed changes to the improvements, budgets, and assessments for that fiscal year. The City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the levy of annual assessments for the District.

If in any fiscal year, the proposed annual assessments for parcels with the District exceed the maximum assessments described herein, such an assessment would be considered an increased assessment and must be confirmed through a mailed property owner protest ballot proceeding for the affected parcels before that or increased assessment may be imposed.

Report Content
This Report has been prepared in connection with the annexation of an individual parcel into the LMAD and the resulting assessment for the parcel within 2023-029 established herein in connection with the annexation of territory for Fiscal Year 2023/2024, pursuant to a resolution of the City Council and consists of five (5) parts:

Part I — Plans and Specifications
Contains a general description of the District and zones of benefit (“Zones”), and specifically addresses the improvements and services that provide special benefits to the parcels within the Annexation Territory which include, but is not limited to local landscaping, and related amenities including operational expenses and fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements.

In conjunction with these general descriptions of the improvements a visual depiction of the improvements is provided in the Zone Boundary Diagram contained in Part IV of this Report. The detailed plans and specifications for the improvements in the Annexation Territory are on file in the Public Works Department of the City of Adelanto and by reference are made part of this Report.

Part II — Method of Apportionment
Outlines the special and general benefits associated with the improvements to be provided within the Annexation Territory, and the basis upon which the estimated costs to provide such improvements has been apportioned to each parcel of land therein in proportion to the special benefits to be received.

Part III — Estimate of Costs
Identifies the estimated annual funding costs (Budget) required for the maintenance and operation of the improvements including, but not limited to, annual maintenance and service expenses, utility costs, related incidental expenses, and fund balances authorized by the 1972 Act and deemed appropriate to fully support the improvements. Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. This budget establishes the maximum assessment to be approved by the property owner(s) of record within the Annexation Territory as part of the Ballot Proceeding.

This section also identifies and outlines an Assessment Range Formula (inflationary adjust) that provides for an annual adjustment to the maximum assessment rate that establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation. 60 Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
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Part IV — Boundary Diagram
A diagram showing the existing District and Annexation Territory. The lines and dimensions of each lot, parcel, and subdivision of land contained in this diagram are inclusive of all parcels listed in “Part V – Assessment Roll” of this Report and the corresponding County Assessor’s Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments, or parcel changes therein. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within Annexation Territory.

Part V — Assessment Roll
A listing of the proposed assessment amounts for parcel within the Annexation Territory. The “Balloted Maximum Assessment” amount for each parcel represents that parcel’s proposed maximum assessment amount for each parcel within 2023-029 commencing in Fiscal Year 2023/2024 and is based on the parcel’s calculated proportional special benefit as outlined in “Part II — Method of Apportionment”, and calculated assessment rate established by the budget in “Part III —Estimate of Costs”. The assessment amount identified as the “FY 2023/2024 Estimated Assessment” represent the anticipated assessment amounts to be levied and collected on the County Tax Rolls for Fiscal Year 2023/2024. The actual assessment amounts to be levied and collected for Fiscal Year 2023/2024 shall be finalized, approved, and adopted by the City Council together with the assessments for other properties in the District as part of the annual assessment process for Fiscal Year 2023/2024.

If any section, subsection, sentence, clause, phrase, portion, or zone of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or zones might subsequently be declared invalid or unconstitutional.
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Part I — Plans and Specifications

DESCRIPTION OF THE DISTRICT
The purpose of this District and specifically the Annexation Territory is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of local landscaping, and related appurtenant facilities and services in specified areas of the City. The territory within the District consists of those lots or parcels of land within the City of Adelanto for which the City, through the District maintains these local improvements and related amenities installed in connection with the development of those properties and for the benefit of those lots or parcels.

As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone incorporate various local and related amenities installed in connection with the development of those properties and are maintained and serviced for the benefit of real property within those Zones.

The maintenance of the improvements may also include various appurtenances including, but not limited to block walls, retaining walls or other fencing, trail and path surfaces, stamped concrete, pavers, mulch or other hardscapes, irrigation and related electrical equipment and drainage systems, benches, play structures, picnic or other recreational facilities, monuments, signage, ornamental lighting, street lighting, and related equipment. The work to be performed within each respective Zone may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services.

Improvements provided within the District may include but are not limited to:
➢ Landscaping and related facilities and amenities located within designated street medians, parkway and streetscape side-panels, and entryways within the public right of ways or easements adjacent to public right of ways; and within public places including greenbelt areas, open spaces, and neighborhood parks within each respective Zone. These improvements may include, but are not limited to:
➢ Various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or perineal plantings;
➢ Irrigation and drainage systems;
➢ Structural amenities such as monuments, block walls, retaining walls, or other fencing; ➢ Hardscapes including mulch, trail, and path surfaces, stamped concrete and pavers; The maintenance of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement; installation, replacement and rehabilitation of the landscaping, repair or replacement of irrigation or drainage systems; repair or replacement of hardscape improvements and recreational amenities. The City Public Works Department shall authorize and schedule such maintenance and servicing as needed and based on available Zone funding.
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ZONES AND IMPROVEMENTS EXISTING DISTRICT
In accordance with the 1972 Act, the District utilizes Zones to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Each Zone is associated with specific improvements and/or types of improvements that provide special benefit to properties within that Zone. The boundaries of each Zone are based on the improvements to be maintained and the relationship and proximity of the developments and properties that derive special benefits from those specific improvements.

In Fiscal Year, 2022/2023 the District comprised of the following Zones and developments:

Original District
Tract 16829 — located east of Jonathan Street, north of Seneca Road, and South of Villa Street.

Improvements consist of approximately 5,000 square feet of streetscape and 653 lineal feet of perimeter masonry wall improvements.

Annexation 2005-001
Tract 17030 — located north of Victor Street and approximately 294 feet west of Bellflower Street.

Improvements consist of approximately 570 square feet of streetscape and 1,860 lineal feet of perimeter masonry wall improvements.

Annexation 2005-002
Tract 17045, 17045-1, -2, and -3 — located north of Cactus Road, south of Holly Road, and extending approximately 660 feet easterly of Pearmain Street. Improvements consist of approximately 59,879 square feet of streetscape and 5,720 lineal feet of perimeter masonry wall improvements.

Annexation 2005-003
Tract 16917 — located north of Joshua Street, East of Verbena Road, and South of Mojave Drive.

Improvements consist approximately 23,200 square feet of streetscape and 2,820 lineal feet of perimeter masonry wall improvements.

Annexation 2006-009
Tract 16848 — located on the west side of Jonathan Street, north of Victor Street, south of Mojave Drive. Improvements consist approximately 10,300 square feet of streetscape and 1,706 lineal feet of perimeter masonry wall improvements.

Annexation 2007-022
Tracts 13896, 13896-1, -2, and -3 — located north of Bartlett Avenue, east of Aster Road.

Improvements consist approximately 10,966 square feet adjacent to the east side of Aster Road and 5,097 square feet adjacent to the north side of Bartlett Avenue of streetscape; approximately 9,247 lineal feet adjacent to the east side of Aster Road and 637 lineal feet adjacent to the north side of Bartlett Avenue of perimeter masonry wall improvements.

Annexation 2019-027
Stone Briar II-Tract No. 20129 — generally located south of Holly Road, east of Fremontia Avenue north of Poppy Road and west of Jonathan Street. The development will have one hundred sixteen (116) residential homes and is identified by the San Bernardino County Assessor’s Office as parcels 3128-801-01 through 35 and 3128-811-01 through 84 which includes three City owned letter lots. 63 Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
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Improvements in this area consist of 75,020 square feet of streetscape, 15,011 linear feet of irrigation and 4,894 sprinkler heads which cover water quality basin, ground cover, shrubs, trees, and irrigation Annexation 2021-028
Stone Briar IV-Tract No. 20133 — generally located south of Desert Glen Street, east of Jonathan Street, north of Cactus Road and west of Pearmain Street. The development will have eighty- three (81) residential homes and two (2) common areas and are identified by the San Bernardino County Assessor’s Office as parcels 3128-761-01-0000 through 24 and 3128-762-01-0000 through 59, two of which are exempt parcels. Improvements in this area consist of 37,211 square feet of landscape which includes ground cover, shrubs, and irrigation.

ZONES AND IMPROVEMENTS ANNEXATION TERRITORY FISCAL YEAR 2023/2024 Annexation 2023-029
Adelanto Pointe-Tract No. 20504 — generally located south of Chamberlaine Way, north of Lee Avenue and east of Aster Road. The development will have seventy-five (75) residential homes, one (1) basin and one (1) park and are currently identified by the San Bernardino County Assessor’s Office as parcel 0459-132-03-0000. Improvements in this area consist of 10,335 square feet of landscape which includes ground cover, shrubs, trees, and irrigation. 64 Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
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Part II — Method of Apportionment

LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS
The costs of the proposed improvements have been identified and allocated to properties within the Annexation Territory based on proportional special benefit, consistent with the provisions of the 1972 Act and the assessment provisions of Proposition 218 (being contained in Article XIII D of the California Constitution). The improvements provided by this District and for which properties within the Annexation Territory are assessed, are identified as local landscaping, and related amenities that were either installed in direct connection with the development of properties to be included within designated Annexation 2023-029 or were installed for the benefit of those properties as a result of property development or potential development of those properties and were considered necessary elements for the development of such properties to their full and best use. The formulas used for calculating assessments and the designation of Zones herein reflect the composition of parcels within the Annexation Territory, and the improvements and activities to be provided, and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel.

In addition to the provisions of the 1972 Act, Article XIII D of the California Constitution outlines specific requirements regarding assessments including the following:

BENEFIT ANALYSIS
Landscaping Special Benefit
Each parcel within the District receives a special and distinct benefit from the improvements over and above general benefits conferred by the improvements.
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First, all the improvements were conditions of approval for the creation or development of the parcels.

To create or develop the parcels, the City required the original developer to install and guarantee the maintenance of landscaping, ornamental structures, and appurtenant facilities to serve the parcels.

Therefore, each parcel within the District could not have been developed in the absence of the installation and promised maintenance of these facilities.

In addition, the improvements continue to confer a and distinct special benefit upon parcels within the District because of the nature of the improvements. The proper maintenance of landscaping and appurtenant facilities specially benefits parcels within the District by moderating temperatures, providing oxygenation, attenuating noise from adjacent streets, and controlling dust for those properties in close proximity to the landscaping, thereby enhancing the environmental quality of the parcels and making them more desirable. Properly maintained landscaping also deters the erosion of slopes and thereby minimizes the risk of instability and the potential destruction of property within the District. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping located throughout the properties within the District. The proper maintenance of the landscaping, ornamental structures, and appurtenant facilities reduces property-related crimes (especially vandalism) against properties in the District through the abatement of graffiti and the screening of properties within the District from arterial streets.

Finally, the removal of all graffiti and the proper maintenance of landscaping and ornamental structures, enhance the landscaping, improve the attractiveness of the properties within the District, and provide a positive visual experience each time a trip is made to or from the property.

General Benefits
In addition to the special benefits received by the parcels within the District, there are incidental general benefits conferred by the proposed improvements.

The proper maintenance of landscaping and appurtenant facilities within the District will not only control dust from blowing onto properties within the District but will also control dust from blowing onto properties outside of the District. Also, the control of slope erosion will not only protect properties within the District but will also reduce runoff into the City's storm drain system. The proper maintenance of drainage basins and similar landscaped areas not only facilitates proper drainage of properties within the District, but also reduces the potential for flooding damage to properties on the downward slope from the District. The spraying and treating of landscaping within the District for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping located throughout other properties within the City. Finally, the proper maintenance of landscaping and ornamental structures provides a positive visual experience to persons passing by the District.

The above-mentioned items constitute incidental general benefits conferred by the improvements.

The total benefits are a combination of the special benefits to the parcels within the District and the general benefits to the public at large and to the adjacent property owners. The portion of the total landscape maintenance costs which are associated with general benefits will not be assessed to the parcels in the District but will be paid from other City funds.

Because the landscaping is located immediately adjacent to properties within the District and is maintained solely for the benefit of the properties within the District, any benefit received by properties 66 Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
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outside of the District is merely incidental. It is estimated that the general benefit portion of the benefit received from the improvements for any district is less than one (1) percent of the total benefit.

ASSESSMENT METHODOLOGY
To assess benefits equitably it is necessary to calculate each property’s relative share of the special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized for this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for assessment districts, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics which may include but is not limited to land use and property size.

For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the various Zone improvements by a single-family residential parcel. The single-family residential parcel has been selected as the basic unit for calculation of assessments. Thus, the "benchmark" property (the singlefamily residential parcel) derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit.

Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each parcel from the improvements. The benefit formula used for the District should reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on special benefit to each parcel.

The existing District’s Method of Apportionment utilizes commonly accepted assessment-engineering practices and were established pursuant to the 1972 Act and the provisions of the Constitution. The method outlined for each Zone is based on the premise that each assessed parcel receives benefit from the improvements maintained and financed by the District’s assessments. The desirability of properties within each Zone is enhanced by the presence of well-maintained landscaping in close proximity to those properties. The costs associated with the improvements within each Zone are equitably spread among the benefiting parcels within the Zone and the funds collected shall be dispersed and used for only the improvements and services provided by the District.

All tracts currently within the District are comprised entirely of residential developments and the singlefamily residential home site is used as the base value of benefit and assessment. In a single-family residential district, all the parcels in the district receive the same special benefit from the improvements due to their similarity in size and use and their similar proximity to the improvements.

Therefore, each parcel is assessed an equal amount.

The EBU Application for Properties in Original, Annexation 2005-001, Annexation 2005-002, Annexation 2005-003, Annexation 2006-009, Annexation 2007-022, 2019-027, 2021-028 and proposed Annexation 2023-029 is as follows:

Single Family Residential — This land use is defined as a fully subdivided residential home site with or without a structure and the improvements and services associated with the parcel has been accepted or will be accepted by the City for maintenance in the fiscal year. This land use is assessed

1.0 EBU per lot or parcel.
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Calculation of Assessments
The benefit formula applied to parcels within the District is based on the preceding Equivalent Benefit Unit (EBU) discussion. Each parcel's EBU correlates the parcel’s special benefit received as compared to all other parcels benefiting from the improvements. The following formula is used to calculate each parcel’s EBU (proportional benefit).

Parcel Type EBU x Acres or Units = Parcel EBU
For each Tract of the District, the total number of Equivalent Benefit Units (EBUs) for the fiscal year equals the sum of all individual EBUs applied to parcels in that Zone. An assessment amount per EBU (Rate) for the improvements is established by taking the total cost of the improvements (amount budgeted) and dividing that amount by the total number of EBUs of all parcels to be assessed. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. 68 Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
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Part III — Estimate of Costs
The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses.

The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within the Annexation Territory is the total cost of maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

PROPOSED BUDGET AND ASSESSMENTS
The budget and assessments outlined on the following page for the Annexation Territory for designated 2023-029 are based on the City’s estimate of the expenses and related funding necessary for the operation, maintenance and servicing of the District improvements identified in Part I of this Report.

This budget represents an estimate of the special benefit expenses anticipated to be collected for Fiscal Year 2023/2024 at the time this Report was prepared and establishes the maximum assessment rate to be balloted and approved by the property owner(s) of record within the Annexation Territory as part of the Ballot Proceeding.
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Annexation Territory Budget Fiscal Year 2023/2024

BUDGET ITEM
Annexation
2023-029
(Tract
20504)
DIRECT COSTS (Labor/Materials)
Basin Landscaping $2,008
Park Turf 73
Graffiti Removal 12,579
Total Direct Costs $14,660

ADMINISTRATION
District Administration $1,073
County Administration Fee 23
Total Administration $1,095

TOTAL DIRECT COSTS & ADMINISTRATION
EXPENSES $15,755

LEVY ADJUSTMENTS
Reserve Fund Collection/(Contribution) $7,330
Revenue from Other Sources (Contribution) 0
General Fund Collection/(Contribution) 0
Total Levy Adjustments $7,330
BALANCE TO LEVY $23,084
Total Parcels at Build-Out 77
Total EDUs 75.00
Fiscal Year 2023/2024 Assessment Rate per EDU $307.80
Fiscal Year 2023/2024 Maximum Rate per EDU $307.80

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Annual Inflationary Adjustment (Assessment Range Formula) It is recognized that the cost of providing for the improvements described in Part I – Plans and Specifications of this Report will inevitably increase over time as a result of inflation and that any “new or increased assessments” require certain noticing and balloting requirements pursuant to Article XIIID of the California Constitution (Proposition 218). However, Government Code Section 54954.6(a) provides that a “new or increased assessment” does not include “an assessment which does not exceed an assessment formula or range of assessments...previously adopted by the agency or approved by the voters in the area where the assessment is imposed.” This definition of a or increased assessment is reaffirmed in the Proposition 218 Omnibus Implementation Act, Government Code Section 53753.5.

In order to assure that the improvement funding is sufficient in the future to address the ongoing maintenance and replacement cost increases that naturally occur over time due to inflation, the special benefit assessments being presented to the property owners in the ballot proceeding conducted in connection with this Report includes an annual inflationary adjustment (assessment range formula). This inflationary adjustment formula provides for the Fiscal Year 2023/2024 maximum assessment (initial maximum assessment rate) established herein for the Annexation Territory to be increase by the Local Consumer Price Index (CPI) for “All Urban Consumers” for the Riverside-San Bernardino-Ontario Areas (February of the given year from the previous February or similar time frame).

The adoption of the maximum assessment rate and the Assessment Range Formula described herein does not mean that the annual assessment will necessarily increase each fiscal year, nor does it absolutely restrict the assessments to the annually adjusted maximum assessment rate. Although the maximum assessment rate that may be levied shall be increased each fiscal year, the actual amount to be assessed will be based on the Balance to Levy for that fiscal year. If the calculated assessment is less than the adjusted maximum assessment, then the calculated assessment may be approved by the City Council for collection. If the calculated assessment (based on the proposed budget) is greater than the adjusted maximum assessment for that fiscal year, then the assessment would be considered an increased assessment and would require property owner approval through another protest ballot proceeding before imposing such an increase.

Otherwise, it would be necessary to reduce the budget or provide a contribution from the City to reduce the Balance to Levy (amount to be assessed) to an amount that can be supported by an assessment rate less than or equal to the adjusted maximum assessment rate authorized for that fiscal year.

The Assessment Range Formula shall be applied to the maximum assessment rate for Annexation Territory 2023-029 commencing in fiscal year 2024/2025and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application.
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Part IV — Boundary Diagram
The Fiscal Year 2023/2024 District Diagram below shows the boundaries of the Adelanto Landscape Maintenance Assessment District No 1. A separate diagram for the proposed annexation territory 2023-029 is shown on the following page.
.
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Part V — Assessment Roll
Parcel identification for each lot or parcel within the Annexation Territory shall be the parcels as shown on the San Bernardino County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps.

The following is the assessor parcel number within the Annexation Territory and the corresponding maximum assessment being set for Fiscal Year 2023/2024.

Assessor's EDUs Owner Maximum Maximum
Parcel Number Assessment Rate Assessment
0459-132-03-0000 75.00 Rhode Island Dev LLC $307.80 $23,085.00 74 CITY COUNCIL AGENDA REPORT
DATE: March 8, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, P.E., City Engineer
SUBJECT: Parcel Map Single Family Residential-20503 Final Acceptance STAFF RECOMMENDATION:

Staff recommends City Council receive and accept Parcel Map 20503 to subdivide lot 3 and lot 4 both into (2) parcels each as submitted and authorize the Mayor to sign the Acceptance Certificate for Parcel Map 20503 on behalf of City Council.

BACKGROUND:

Planning Commission approved Tentative Parcel Map 20503 by resolution at their March 18, 2022 meeting to subdivide lot 3 and lot 4 both into (2) parcels each located at 18218 and 18232 Bellflower Street within the Single Family residential (SF) zoning district in the City of Adelanto, California (APN:
0459-304-08 & 09) . 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 Mr. Jose Vega
Staff recommends City Council approval and signature by the Mayor for acceptance of Parcel Map 20503 to allow recordation by San Bernardino County Recorder’s Office.

FISCAL IMPACT:

None
ATTACHMENTS:

A. Parcel Map 20503
75 76
77 CITY COUNCIL AGENDA REPORT
DATE: March 8, 2023
TO: Honorable Mayor and City Council Members
FROM:

BY:

Jessie Flores, City Manager
Andrew Sarega, Deputy City Attorney
SUBJECT: ADOPT RESOLUTION NO. 23-15 THAT RATIFIES THE DIRECTOR OF EMERGENCY SERVICES’ PROCLAMATION OF A LOCAL EMERGENCY PROCLAMATION STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 23-15 that ratifies the Director of Emergency Services’ issuance of a local emergency proclamation.

BACKGROUND:

Title 2, Chapter 2.28 of the City of Adelanto Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session.

Due to severe winter storms that have swept across the State of California, Governor Newsom declared a state of emergency in 13 counties across the state, including the County of San Bernardino. The Governor signed the proclamation on March 1, 2023.

The Director of Emergency Services (Director) of the City of Adelanto found that conditions of extreme peril to the safety of persons and property arose within the City of Adelanto, caused by severe winter storms, which began in late February. Torrential rain, high winds, near record levels of snowfall, and hailstorms plagued parts of the County of San Bernardino. The City of Adelanto experienced unusually severe weather which tested city resources and services. The Director signed and issued a local emergency proclamation on March 1, 2023.

Pursuant to Adelanto Municipal Code Section 2.28.020(A)(1), whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect.

FISCAL IMPACT
To be determined.
78 ATTACHEMENTS
Governor Newsom’s Proclamation of a State of Emergency
79 EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA

PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS severe winter storms struck California beginning in late February bringing damaging winds and historic precipitation, including snowfall in areas unaccustomed to snow; and
WHEREAS these storms damaged and forced the closure of federal and state highways and roads, and continue to threaten critical infrastructure; and WHEREAS these storms resulted in and continue to threaten power outages, have forced evacuations, and have stranded residents and motorists in impacted counties; and
WHEREAS it is forecasted that additional storms will continue to threaten counties across California, bringing strong winds, blizzard conditions across the Sierra Nevada mountains, above normal precipitation, and unusually cold temperatures; and
WHEREAS under the provisions of Government Code section 8558(b), I find that conditions of extreme peril to the safety of persons and property exist due to these storms; and
WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by these storms, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the magnitude of the damage caused by these storms; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of these storms.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Amador, Kern, Los Angeles, Madera, Mariposa, Mono, Nevada, San Bernardino, San Luis Obispo, Santa Barbara, Sierra, Sonoma, and Tulare counties.

IT IS HEREBY ORDERED THAT:

1. All agencies of the state government utilize and employ state personnel, equipment, and facilities for the performance of any and all 80 activities consistent with the direction of the Office of Emergency Services and the State Emergency Plan. Also, all residents are to obey the direction of emergency officials with regard to this emergency in order to protect their safety.

2. The Office of Emergency Services shall provide assistance to local governments, if appropriate, under the authority of the California Disaster Assistance Act, Government Code section 8680 et seq., and California Code of Regulations, Title 19, section 2900 et seq.

3. The California Department of Transportation shall formally request immediate assistance through the Federal Highway Administration's Emergency Relief Program, United States Code, Title 23, section 125, in order to obtain federal assistance for highway repairs, reconstruction, or restoring access.

4. As necessary to assist local governments and for the protection of public health and the environment, state agencies shall enter into contracts to arrange for the procurement of materials, goods, and services necessary to quickly assist with the response to and recovery from the impacts of these storms. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of these storms.

5. The provisions of Unemployment Insurance Code section 1253 imposing a one-week waiting period for unemployment insurance applicants are suspended as to all applicants who are unemployed as a direct result of these storms, applied for unemployment insurance benefits during the time period beginning February 21, 2023, and ending on the close of business on August 21, 2023, and are otherwise eligible for unemployment insurance benefits.

6. As directed by the Office of Emergency Services, the California National Guard may be mobilized under Military and Veterans Code section 146 to support disaster response and relief efforts and to coordinate with all relevant state agencies and state and local emergency responders and law enforcement within the impacted areas. Sections 147 and 188 of the Military and Veterans Code are applicable during the period of participation in this mission, exempting the California Military Department from applicable procurement rules for specified emergency purchases, and those rules are hereby suspended.

I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.
81 This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 1st day
of March 2023.

GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, Ph.D.

Secretary of State
82 THE CITY OF ADELANTO

PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, City Manager/Director of Emergency Services is empowered to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, the Director of Emergency Services of the City of Adelanto does hereby find: that conditions of extreme peril to the safety of persons and property have arisen within said City caused by severe winter storms which began in late February 2023; and WHEREAS, the Governor of the State of California has proclaimed a state of emergency in 13 counties, including the County of San Bernardino; and
WHEREAS, that these conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of said City; and
WHEREAS, that the City Council of the City of Adelanto is not in session and cannot be immediately called into session.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said City, and;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, by ordinances, and resolutions of this City, and that this emergency proclamation shall expire in seven (7) days after issuance unless confirmed and ratified by the governing body of the City of Adelanto.

Date: March 1, 2023
Time: 03:00 pm
By: Jessie Flores, City Manager
_____________________________________________________
City Manager/Director of Emergency of Services or designee 83 RESOLUTION NO. 23-15

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

OF SAN BERNARDINO RATIFYING THE CITY MANAGER/DIRECTOR OF

EMERGENCY SERVICES PROCLAMATION OF EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, the City Manager/Director of Emergency Services or his/her designee is empowered to proclaim the existence of a local emergency when the City is affected by a public calamity and the City Council of the City of Adelanto is not in session, subject to ratification by the City Council within seven (7) days; and
WHEREAS, conditions of disaster and extreme peril to the safety and welfare of persons and property have arisen within this City, caused by severe winter storms beginning in late February, at which time the City Council was not in session; and WHEREAS, the Governor of the State of California has proclaimed a state of emergency in 13 counties, including the County of San Bernardino; and WHEREAS, the City Council does hereby find that the above described condition of disaster and extreme peril did warrant and necessitate the proclamation of the existence of a local emergency; and
WHEREAS, the City Manager of the City of Adelanto did proclaim the existence of a local emergency within this City on 3/1/2023.

NOW, THEREFORE BE IT RESOLVED, by the City Council that the Proclamation of Existence of a Local Emergency, as issued by the City Manager, is hereby ratified and confirmed.

BE IT IS FURTHER RESOLVED, that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Adelanto held on the 8
th day of March, 2023.

Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
84 RESOLUTION NUMBER 23-15
PAGE 2
I, Brenda Lopez, City Clerk for the City Council of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 23-15 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on the 8 th day of March, 2023, by the following
vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto, on the 8
th day of March, 2023.

Brenda Lopez, City Clerk
85

Adelanto City CouncilMarch 8, 2023

Adelanto City Council
March 8, 2023