creating the Cannabis Scholarship Program Committee, an ad hoc committee comprised of two (2) City Councilmembers, nominated by and serving at the pleasure of the full City Council.
At its February 8, 2023 meeting, the City Council moved to have Mayor Pro Tem Daniel Ramos and Councilmember Amanda Uptergrove serve on this ad hoc committee. This membership is reflected in the attached resolution.
The ad hoc committee’s duration expires 180 days after creation. The City Council may extend the duration of the ad hoc committee as appropriate.
Once established, the ad hoc committee may establish the criteria for establishing the criteria for awarding scholarships from the Program, review and consider scholarship applications, and recommend award recipients to the full City Council.
Resolution No. 23-26 also amends and expands prior Resolution No. 22-08 by expanding eligibility to prospective students attending eligible higher educational institutions beginning no later than the 2023-24 academic year.
ANALYSIS:
This ad hoc committee’s purpose is to further the Program’s establishment and mission. The committee will develop materials, including, but not limited to, determining (1) criteria and guidelines for awarding scholarships; (2) the amount and number of scholarships; (3) types of award (i.e., whether in a lump sum or through continuing installments), etc., review and consider scholarship applications, and make recommendations to the full City Council for scholarship awards.
FISCAL IMPACT:
No direct fiscal impact, although there will be some incremental cost in staff time to service and inform the Committee’s meetings and to draft relevant guidelines, criteria, and recommendations.
ATTACHMENT:
Attachment A: Resolution No. 23-26
Attachment B: Resolution No. 22-08 and accompanying staff report 303
RESOLUTION NO. 23-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO
CREATING AN AD HOC CITY COUNCIL COMMITTEE TO ESTABLISH
CRITERIA FOR AWARDING SCHOLARSHIPS THROUGH THE CITY’S
CANNABIS SCHOLARSHIP PROGRAM
WHEREAS, on February 9, 2022, the Adelanto City Council (“City Council”) unanimously approved and adopted Resolution No. 22-08, establishing the Adelanto Cannabis Scholarship Program (“CSP” or “Program”);
WHEREAS, the public purpose of the Program is to invest in its residents, promote career growth and opportunities, and encourage the pursuit of higher education; WHEREAS, to be eligible, a candidate for the Program must (1) be high school student residing in the City of Adelanto (“City”), (2) must graduate from a high school located within the City; and, (3) must be admitted to a college, university or other post-secondary institution located within San Bernardino County and (4) attend that institution no later than the 2022-2023 academic year;
WHEREAS, the scholarships will be funded by general tax revenue collected from the City’s cannabis-related businesses, more specifically, three percent (3%) of the total annual revenue generated from cannabis-related activities;
WHEREAS, pursuant to Resolution No. 22-08, the City Council may, in its sole discretion, adjust the allocated percentage of the general tax revenue for the Program on an asneeded basis and develop criteria related to the eligibility and qualifications of scholarship recipients, the number of scholarships to award, the amount awarded by each scholarship, eligible uses for the funds, and any other relevant criteria; WHEREAS, Resolution No. 22-08 also provided that scholarships under the Program would be awarded as early as Spring/Summer of 2022, which has passed, and are limited to Adelanto residents graduating from high schools within the City of Adelanto and who are admitted to colleges, universities, and other post-secondary institutions located within San Bernardino County and who will attend those institutions beginning no later than the 2022-23 academic year, which has also passed;
WHEREAS, the City now desires to establish an advisory ad hoc committee to develop criteria and guidelines necessary to further the purpose of the Program, review scholarship applications, and make recommendations to the City Council regarding the awarding of scholarships under the Program;
WHEREAS, the City now also desires to make the Program available to students who are admitted to colleges, universities, and other post-secondary institutions located within San Bernardino County and who will attend those institutions beginning no later than the 2023-24 academic year, with scholarships under the Program awarded as early as Summer/Fall of 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Adelanto as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
304
RESOLUTION NO. 23-26
April 12, 2023
SECTION 2. The City Council hereby establishes an ad hoc committee entitled the Cannabis Scholarship Program Committee (“Committee”) to establish criteria and guidelines related to the eligibility and qualifications of scholarship recipients, the number of scholarships to award, the amount awarded by each scholarship, eligible uses for the funds, and any other relevant criteria, review scholarship applications, and make recommendations to the full City Council regarding the awarding of scholarships under the Program.
SECTION 3. The Committee shall consist of Mayor Pro Tem Daniel Ramos and Councilmember Amanda Uptergrove. The Committee members shall serve at the pleasure of the City Council and without compensation.
SECTION 4. The duration of the Committee shall be authorized for, and shall expire, 180 days following its creation, unless the City Council extends its duration.
SECTION 4. Any vacancies will be filled by the City Council on an as-needed basis.
SECTION 5. The Committee’s function shall be to establish and recommend to the full City Council criteria and guidelines related to the eligibility and qualifications of scholarship recipients, the number of scholarships to award, the amount awarded by each scholarship, eligible uses for the funds, and any other relevant criteria and procedures, review and consider scholarship applications, and recommend scholarship recipients for City Council approval.
SECTION 6. The City Council may continue to develop criteria related to the qualifications of scholarship recipients, the number of scholarships to award, the amount awarded for each scholarship, eligible uses for scholarship funds, and any other related criteria and procedures, as appropriate.
SECTION 7. The City Manager is authorized and directed to assist with the formation of the Committee and the implementation of its work as specified in this Resolution.
SECTION 8. The City Council hereby expands the Adelanto Cannabis Scholarship Program created by Resolution No. 22-08, and hereby amends Resolution No. 22-08 accordingly, to make it available to students who are admitted to colleges, universities, and other post-secondary institutions located within San Bernardino County and who will attend those institutions beginning no later than the 2023-24 academic year, with scholarships under the Program awarded as early as Summer/Fall of 2023.
.
PASSED, APPROVED AND ADOPTED this 12th day of April, 2023. ______________________________
Gabriel Reyes, Mayor
___________________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
___________________________________
Marc Tran, City Attorney
305
RESOLUTION NO. 23-26
April 12, 2023
I, Brenda Lopez, City Clerk for the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 23-26 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on April 12, 2023, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on April 12, 2023.
___________________________________
Brenda Lopez, CMC, City Clerk
306
CITY COUNCIL AGENDA REPORT
DATE: February 9, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Marc Tran, City Attorney
SUBJECT: DISCUSSION AND CONSIDERATION OF CANNABIS SCHOLARSHIP
PROGRAM PROVIDED THROUGH A PERCENTAGE OF TAXES COLLECTED
FROM CANNABIS BUSINESSES
STAFF RECOMMENDS:
It is recommended that the City Council discuss and consider whether to establish scholarships, funded by a portion of general tax revenue under City Code 3.60.020, for graduating high school students within the City of Adelanto to assist in their pursuit of a post-secondary education.
BACKGROUND:
The City of Adelanto (“City”) permits and regulates various cannabis-related activities in designated zones. (AMC, §§ 17.80.080, 17.80.090, 17.80.100, 17.80.101, 17.80.110,
17.80.120, and 17.80.130.) The City has been progressive with regards to the regulation, taxation, and enforcement of cannabis-related activities and earned a reputation for fostering exponential growth, creating opportunities for the industry, promoting job creation, and increasing tax revenue.
Since 2017, the City’s taxation and collection efforts have resulted in an infusion of over eight million dollars to the City’s general fund.
The City has the option and opportunity to allocate a portion of cannabis tax revenue to a cannabis scholarship fund. Establishing this scholarship program would provide a clear message that continuing their education is an important endeavor, one that the City recognizes and wants to encourage.
As set forth in Ordinance No. 594, the cannabis excise tax serves as a general tax and the proceeds of that tax are placed in the general fund. General tax revenue may be expended for any legitimate public purpose and a cannabis scholarship program would be an appropriate use of funds because it would, among other things, serve the public good by investing in students, promoting career growth and opportunities, and encourage the pursuit of high education. 307
February 9, 2022
ANALYSIS:
The following table sets forth tax revenue collected from inception of the cannabis-related taxes to date:
Fiscal
Year
Measure R Space Utilized Gross
Receipts
Total
2017/18
1,380,638.00
-
-
1,380,638.00
2018/19
582,028.00
177,224.00
586,719.00
1,345,971.00
2019/20
573,218.00
650,478.00
1,223,696.00
2020/21
1,036,181.00
1,642,463.00
2,678,644.00
2021/22
YTD
943,741.00
1,324,921.00
2,268,662.00
8,897,611.00
The proposed resolution creates a framework to set up a cannabis scholarship program funded by a percentage of proceeds from the cannabis tax.
The following is a summary of the proposed resolution:
- Three percent (3%) of cannabis tax revenue would be set aside for scholarship funds.
This amount may be adjusted by the City Council in its sole discretion on an as-needed basis.
- If created, scholarships could be awarded as early as Spring/Summer 2022. - As currently framed, the scholarship program would fund scholarships for students graduating from high schools in the City who have been admitted to colleges, universities, and other post-secondary institutions located within San Bernardino County and will attend those institutions beginning no later than the 2022-2023 academic year. - The framework allows the City Council to adopt criteria related to the eligibility and qualifications of scholarship recipients, the number of scholarships to award, the amount awarded for each scholarship, eligible uses for scholarship funds, and any other related criteria.
FISCAL IMPACT:
This proposed change would result in a redistribution of cannabis-related tax revenue from other City functions and services to the scholarship program. 308
RESOLUTION NO. 22-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
CALIFORNIA, ESTABLISHING A CANNABIS SCHOLARSHIP PROGRAM
FUNDED THROUGH A PORTION OF THE GENERAL TAX REVENUE
FROM CANNABIS-RELATED BUSINESSES OPERATING IN THE CITY
WHEREAS, pursuant to California Government Code sections 37100.5 and 37101, the City of Adelanto has the authority to establish a local business excise tax upon cannabis businesses that operate within the City;
WHEREAS, pursuant to California Elections Code section 9222, the City Council submitted Measure R to voter for consideration at the Municipal Election occurring on November 8, 2016, a majority of qualified voters approved Measure R, and the City Council subsequently adopted Ordinance No. 559 to implement Measure R;
WHEREAS, pursuant to California Elections Code section 9222, the City Council submitted Measure S to the voters for consideration at the Municipal Election occurring on November 6, 2018;
WHEREAS, Measure S proposed an amendment to the Adelanto Municipal Code to update the general business excise tax on cannabis-related businesses operating in the City; WHEREAS, Measure S further proposed that the tax would serve as a general tax and that the proceeds of the tax would be deposited in the City’s general fund; WHEREAS, Measure S proposed the adoption of Ordinance No. 594 to implement the cannabis business tax;
WHEREAS, Measure S was approved by a majority vote of the qualified voters in the November 6, 2018 election;
WHEREAS, upon the approval of Measure S, Ordinance No. 594 became effective; WHEREAS, general tax revenue may be expended for any legitimate public purpose; WHEREAS, public purpose is broadly defined;
WHEREAS, the City of Adelanto determines that creating a scholarship program to invest in its residents, promote career growth and opportunities, and encourage the pursuit of higher education serves a public purpose;
WHEREAS, the City of Adelanto has broad discretion to determine how to expend monies in the City’s general fund; and
WHEREAS, the City of Adelanto desires to create a scholarship program funded by a portion of general tax revenue collected from cannabis-related businesses.
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by this reference.
309
RESOLUTION NO. 22-08
February 9, 2022
SECTION 2. The City Council hereby establishes a scholarship program funded by a portion of general tax revenue collected from cannabis-related businesses.
SECTION 3. The City Council hereby apportions three percent (3%) of the total annual tax revenue generated from cannabis-related activities to fund the scholarship program.
SECTION 4. The City Council may, in its sole discretion, adjust the allocated percentage of tax revenue for the scholarship program on an as-needed basis.
SECTION 5. Any scholarships issued under this Resolution may be awarded as early as Spring/Summer 2022 and shall be limited to Adelanto residents that will graduate from high schools within the City of Adelanto, that have been admitted to colleges, universities, and other post-secondary institutions located within San Bernardino County, and that will attend those institutions beginning no later than the 2022-2023 academic year.
SECTION 6. The City Council may continue to develop criteria related to the eligibility and qualifications of scholarship recipients, the number of scholarships to award, the amount awarded for each scholarship, eligible uses for scholarship funds, and any other related criteria.
PASSED, APPROVED AND ADOPTED this 9th day of February, 2022. ______________________________
Gabriel Reyes, Mayor
___________________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
___________________________________
Marc Tran, City Attorney
310
RESOLUTION NO. 22-08
February 9, 2022
I, Brenda Lopez, City Clerk for the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-08 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on February 9, 2022, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on February 9, 2022.
___________________________________
Brenda Lopez, CMC, City Clerk
311
RESOLUTION NO. 22-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
CALIFORNIA, ESTABLISHING A CANNABIS SCHOLARSHIP PROGRAM
FUNDED THROUGH A PORTION OF THE GENERAL TAX REVENUE
FROM CANNABIS-RELATED BUSINESSES OPERATING IN THE CITY
WHEREAS, pursuant to California Government Code sections 37100.5 and 37101, the City of Adelanto has the authority to establish a local business excise tax upon cannabis businesses that operate within the City;
WHEREAS, pursuant to California Elections Code section 9222, the City Council submitted Measure R to voter for consideration at the Municipal Election occurring on November 8, 2016, a majority of qualified voters approved Measure R, and the City Council subsequently adopted Ordinance No. 559 to implement Measure R;
WHEREAS, pursuant to California Elections Code section 9222, the City Council submitted Measure S to the voters for consideration at the Municipal Election occurring on November 6, 2018;
WHEREAS, Measure S proposed an amendment to the Adelanto Municipal Code to update the general business excise tax on cannabis-related businesses operating in the City; WHEREAS, Measure S further proposed that the tax would serve as a general tax and that the proceeds of the tax would be deposited in the City’s general fund; WHEREAS, Measure S proposed the adoption of Ordinance No. 594 to implement the cannabis business tax;
WHEREAS, Measure S was approved by a majority vote of the qualified voters in the November 6, 2018 election;
WHEREAS, upon the approval of Measure S, Ordinance No. 594 became effective; WHEREAS, general tax revenue may be expended for any legitimate public purpose; WHEREAS, public purpose is broadly defined;
WHEREAS, the City of Adelanto determines that creating a scholarship program to invest in its residents, promote career growth and opportunities, and encourage the pursuit of higher education serves a public purpose;
WHEREAS, the City of Adelanto has broad discretion to determine how to expend monies in the City’s general fund; and
WHEREAS, the City of Adelanto desires to create a scholarship program funded by a portion of general tax revenue collected from cannabis-related businesses.
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by this reference.
312
RESOLUTION NO. 22-08
February 9, 2022
SECTION 2. The City Council hereby establishes a scholarship program funded by a portion of general tax revenue collected from cannabis-related businesses.
SECTION 3. The City Council hereby apportions three percent (3%) of the total annual tax revenue generated from cannabis-related activities to fund the scholarship program.
SECTION 4. The City Council may, in its sole discretion, adjust the allocated percentage of tax revenue for the scholarship program on an as-needed basis.
SECTION 5. Any scholarships issued under this Resolution may be awarded as early as Spring/Summer 2022 and shall be limited to Adelanto residents that will graduate from high schools within the City of Adelanto, that have been admitted to colleges, universities, and other post-secondary institutions located within San Bernardino County, and that will attend those institutions beginning no later than the 2022-2023 academic year.
SECTION 6. The City Council may continue to develop criteria related to the eligibility and qualifications of scholarship recipients, the number of scholarships to award, the amount awarded for each scholarship, eligible uses for scholarship funds, and any other related criteria.
PASSED, APPROVED AND ADOPTED this 9th day of February, 2022. ______________________________
Gabriel Reyes, Mayor
___________________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
___________________________________
Marc Tran, City Attorney
313
RESOLUTION NO. 22-08
February 9, 2022
I, Brenda Lopez, City Clerk for the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-08 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on February 9, 2022, by the following vote, to-wit:
AYES: Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on February 9, 2022.
___________________________________
Brenda Lopez, CMC, City Clerk
314
CITY COUNCIL AGENDA REPORT
DATE: April 12, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Director of Finance
SUBJECT: APPROVE CHANGE ORDER FOR HARDY AND HARPER FOR ADDITIONAL WORK ON
WHITE AVENUE
STAFF RECOMMENDATION:
Staff Recommends that Council Approve the Change order for Hardy and Harper for additional work on White Avenue
BACKGROUND:
On December 6, 2022 the City Council awarded a construction contract for work on White Avenue and Jonathon Street in North Adelanto. The total Contract amount was for $904,000.00 with $90,400.00 for contingencies. In the course of construction 4 change orders were issued for Survey work, adjusting a buried water valve, and adjusting a buried manhole which were covered under the contingency amount awarded in the contract. However, the amount of paving materials was understated in the plans and the cost for the additional quantities exceeded the remaining contingency amount by $54,827.00 Hardy and Harper calculated the total purchased quantities to be $115,844.00 greater than estimated in the initial bid.
FISCAL IMPACT:
There will be no impact to the General Fund the Additional $54,827.00 will be paid from CDBG grant funds.
ATTACHMENTS:
Change order Request for Hardy and Harper
315
32 Rancho Circle, Lake Forest CA 92630
Ph. (714) 444-1851 / Fax (714) 444-2801
March 22, 2023
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attention: Richard Burgess
Reference: White Ave, Jonathan St. & Chamberlaine Way Reconstruction Project No. CIP 2022-05
Hardy & Harper Job Number 23377
Subject: Change Order Request for adjustments of bid quantities to reflect actual constructed quantities at completion.
Item No. Description Qty U/M Unit Total
3.01 ADDITIONAL MILLING ON
WHITE AVE &
MONTEZUMA ST
4,431 SF $ 0.33 $ 1,462.23
3.02 ADDITIONAL GRADING ON
WHITE AVE &
MONTEZUMA ST
226 SF $ 1.32 $ 298.32
3.03 ADDITIONAL PAVING ON
WHITE AVE &
MONTEZUMA ST
252.21 TN $ 115.00 $ 29,004.15
3.04 ADDITIONAL MILLING ON
CHAMBERLAINE WAY &
MONTEZUMA ST
21,383 SF $ 0.33 $ 7,056.39
3.05 ADDITIONAL PCC
SPANDREL AND/OR CROSS
GUTTER ON
CHAMBERLAINE WAY &
MONTEZUMA ST
1,334.75 SF $ 20.00 $ 26,695.00
3.06 ADDITIONAL PAVING ON
CHAMBERLAINE WAY &
MONTEZUMA ST
388.84 TN $ 132.00 $ 51,327.22
$ 115,843.31
Reason for Change: The actual quantities necessary to complete the project were identified in the table above.
Please issue a contract change order at your earliest convenience.
If you have any questions, please contact me at (562)673-5987.
Thank you,
Hardy & Harper, Inc.
Marie Ayala
Project Manager
Total Change Order Request:
Marie Ayala
316