Agenda, regular meeting — Adelanto City Council, July 12, 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
July 12, 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
Todd Litfin
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.

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:
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Webinar ID: 931 4644 4676
Passcode: 7601
Submit written comments:

We encourage submittal of written comments supporting, opposing, or otherwise commenting 1 REGULAR MEETING
July 12, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 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
July 12, 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 − EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1). (one case)
▪ a. Gabriel Elliot v. City of Adelanto, et al. (San Bernardino Superior Court Case No. CIVDS1828311)
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
July 12, 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
July 12, 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 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 Business License Department Report.

3. Consideration of Resolution Adopting List of Projects and SB1 2023/2024 Road Maintenance Program.

RESOLUTION NO. 23-64

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

SAN BERNARDINO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
M__________________S__________________ACTION__________________ N. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. NEW BUSINESS – REVIEW OF FIREWORKS STANDS APPLICATION REQUIREMENTS (JESSIE/PLANNING)
RECOMMENDATION: Staff requests that the City Council review and provide the application requirements to the existing applicants and any potential future applicants. 5 REGULAR MEETING
July 12, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us O. 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.

P. 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 JULY 8, 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
R. DECLARATION OF POSTING
6 REGULAR MEETING
July 12, 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 7 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
JULY 12, 2023
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 1-669-900-6833 along with conference code 931 4644 4676
Open Session – 7:00 p.m. Passcode: 7601

Dated: July 8, 2023 Brenda Lopez, City Clerk, CMC
8 CITY COUNCIL

AGENDA REPORT
1 | P a g e
STAFF RECOMMENDATION:

Staff recommends that the City Council accept the monthly Business License Division report for the period ending June 30, 2023.

BACKGROUND:

The New Business Activity Listing exhibits all the new business licenses processed during the month.

Included in the report are new applicants and businesses that renewed their annual license with the City. Anyone doing business within the City must obtain a business license.

The Cash Receipt Listing exhibit lists all money received by the Business License Division for the issuance of a new business licenses, business license renewal, or a temporary business license.

FISCAL IMPACT:

A total of $7,509.50 processed during the month of June 2023.

ATTACHMENTS:

1. Monthly New Business Activity Listing for June 2023.

2. Monthly Cash Receipt List for June 2023.

DATE: July 7, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: HdL Companies / Via: Brenda Lopez, City Clerk
SUBJECT: BUSINESS LICENSE REPORT – JUNE 2023
9 CITY COUNCIL

AGENDA REPORT
2 | P a g e
JUNE SUMMARY:
25%
9% 4%
10%
43%
5%
2%
2%
Contractors (24) Home Business (8) General Retail (4) General Service (9) Rental Property (41) Manufacturing (5) Professional (2) Vehicles (2) 0 50
100
150
200
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
2017 2018 2019 2020 2021 2022 2023
Business License Accounts Processed by Rate Category
(Total Record Count = 95)
36%
64%
Based Outside the City = 34 Based Inside the City = 61
Total Number of Accounts Processed Business Licenses Issued by Location 10 Monthly Business Activity Listing
Firm Name Firm Address Business Description Location Inside Adelanto License Type Issue Date Amount 17 K MUSKRAT 1, INC 17080 MUSKRAT AVE UNIT A Manufacturing Flat Fee Yes Renewal 2023-06-11 $104.00 A ACTION TOWING & RECOVERY 17142 EUREKA ST Trucking Hauling No Renewal 2023-06-13 $254.00 AIDA Y. LIM 11855 BRANCH CT Hotels,Motels & Other Rental Units Yes Renewal 2023-06-02 $34.00 ALLBRIGHT ELECTRIC 14060 OSAGE RD Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2023-06-14 $104.00 AMIR CONSTRUCTION 1111 OXFORD DRIVE #A Misc Business No Renewal 2023-06-14 $54.00 ARCHITECTS ORANGE, LLP 144 N ORANGE ST Misc Business No Renewal 2023-06-19 $54.00 BARTON INTEGRATION , LLC 5151 CALIFORNIA AVE STE 100 Misc Business No Renewal 2023-06-24 $54.00 BRINKS HOME SECURITY 1990 WITTINGTON PL 100 Misc Business No Renewal 2023-06-28 $54.00 C.V.S. PHARMACY #4291 12058 PALMDALE ROAD Retail/Wholesale Yes Renewal 2023-06-25 $54.00 CALIFORNIA INN 11628 BARTLETT AVENUE Hotels,Motels & Other Rental Units Yes Renewal 2023-06-01 $86.00 CASA MEADOWS APARTMENTS 11325 LAWSON AVE Hotels,Motels & Other Rental Units Yes Renewal 2023-06-24 $68.00 CENTERLINE WOOD PRODUCTS 10007 YUCCA RD Contractors (C4, C6, C8, C10, C12, C16, C42) Yes Renewal 2023-06-14 $64.00 CHAPAROSA ROOFING INC 23490 HIGHWAY 18 Contractors (C21, C35, C36, C39, C51) No Renewal 2023-06-16 $79.00 CITADEL ROOFING AND SOLAR 4980 ALLISON PKWY Contractors (Class A, B1, C20) No Renewal 2023-06-02 $104.00 CORE ISOGENICS INC. 9501 COMMERCE WAY B Manufacturing Flat Fee Yes Renewal 2023-06-11 $104.00 CORE ISOGENICS INC. 9501 COMMERCE WAY C Manufacturing Flat Fee Yes Renewal 2023-06-14 $104.00 CRYSTAL WILLIAMS 15365 ROSS DR Hotels,Motels & Other Rental Units Yes Renewal 2023-06-26 $34.00 DOLORES AND HECTOR ANDERSON 14574 MONTEREY PLACE Hotels,Motels & Other Rental Units Yes Renewal 2023-06-29 $34.00 DORA AIDA SERRANO 14542 CLYDESDALE ST Hotels,Motels & Other Rental Units Yes Renewal 2023-06-23 $34.00 ECOLAND DEVELOPMENT GROUP LLC 9969 9959 YUCCA RD Misc Business Yes Renewal 2023-06-16 $54.00 ELIDIO ARELLANO 14617 DANA ST Hotels,Motels & Other Rental Units Yes Renewal 2023-06-25 $34.00 EMMA ISABEL RODRIGUEZ 10486 KEMPER AVE Hotels,Motels & Other Rental Units Yes Renewal 2023-06-05 $34.00 EXPRESS BAKERY 12014 EXPRESS WAY Retail/Wholesale Yes Renewal 2023-06-17 $54.00 FADI ZEIDAN AND CHAZA DARWICH 18185 LILAC ROAD Hotels,Motels & Other Rental Units Yes Renewal 2023-06-11 $34.00 FELIPE BUSTAMANTE 17971 KENDALL CIR Hotels,Motels & Other Rental Units Yes Renewal 2023-06-05 $42.00 FELIPE BUSTAMANTE 17997 AVERY ST Hotels,Motels & Other Rental Units Yes Renewal 2023-06-16 $34.00 FLORESMILA GONZALEZ 10953 REMINGTON CT Hotels,Motels & Other Rental Units Yes Renewal 2023-06-16 $34.00 FUJITEC AMERICA, INC. 19840 HAMILTON AVENUE Contractors (All Other Class 'C') No Renewal 2023-06-28 $54.00 GARY STEWART 14444 PEARMAIN ST Hotels,Motels & Other Rental Units Yes Renewal 2023-06-06 $34.00 GEORGE CARMONA 18565 COLONIAL AVE Hotels,Motels & Other Rental Units Yes Renewal 2023-06-23 $34.00 Process Summary:

New - Pending Approval:19
Renewal Accounts:74
Reinstated Accounts:2 Attachment No. 1
Reporting Period: June 2023
Total Licenses Processed: 95
11 Monthly Business Activity Listing
Firm Name Firm Address Business Description Location Inside Adelanto License Type Issue Date Amount GUILLERMO LLAMAS 10854 DOVE Hotels,Motels & Other Rental Units Yes Renewal 2023-06-12 $34.00 H&S MOBILE RV REPAIR 17822 AVERY ST Home Occupation Yes Renewal 2023-06-27 $29.00 HENDREN GAYADEEN 14829 CYPRESS RD Hotels,Motels & Other Rental Units Yes Renewal 2023-06-02 $34.00 INDEPENDENT MECHANICAL PLUMBING, INC 6077 COFFEE RD STE 4-49 Contractors (C21, C35, C36, C39, C51) No Renewal 2023-06-16 $79.00 JAMES BLUCKER 15690 PEARMAIN ST Hotels,Motels & Other Rental Units Yes Renewal 2023-06-02 $34.00 JB TRUCK & AUTO SUPPLIES 12020 AIR EXPY Retail/Wholesale Yes Renewal 2023-06-21 $54.00 JLM GRADING & PAVING 18358 JURUPA AVE Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2023-06-08 $64.00 JULIA FUENTES 18405 JONATHAN ST APT C Home Occupation Yes Renewal 2023-06-02 $29.00 LARKSPUR VINTAGE APARTMENTS, LLC 18633 LARKSPUR RD Hotels,Motels & Other Rental Units Yes Renewal 2023-06-12 $86.00 LE BLANC'S CONSTRUCTION UNLIMITED 18343 JONATHAN ST Home Occupation Yes Renewal 2023-06-27 $29.00 LIGHT IT OR NOT CANDLES & THINGS 14390 PRINCETON CT Home Occupation Yes Renewal 2023-06-02 $29.00 LUIS CASTELLON 18555 COLONIAL AVE Hotels,Motels & Other Rental Units Yes Renewal 2023-06-02 $34.00 MARIPOSA ADELANTO, LLC 11200-11210 AUBURN AVENUE Hotels,Motels & Other Rental Units Yes Renewal 2023-06-19 $206.00 MARTA COPE 11256 CLAY ST Hotels,Motels & Other Rental Units Yes Renewal 2023-06-08 $34.00 MARTHA'S BARBER SHOP 18146 JONATHAN ST Barber/Beauty Salon Yes Renewal 2023-06-17 $39.00 MIREYA RIVERA 14567 JUNIPER LN Hotels,Motels & Other Rental Units Yes Renewal 2023-06-02 $34.00 NEXUS ENERGY 2810 HARBOR BLVD STE 201 Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2023-06-15 $64.00 OAK TREE APARTMENTS 10992 VILLA Hotels,Motels & Other Rental Units Yes Renewal 2023-06-14 $34.00 ODAIYAPPAN & NACHAL PERIAKARUUP 15059 FLOWER ST Hotels,Motels & Other Rental Units Yes Renewal 2023-06-21 $34.00 OPTION ONE CORPORATION 13581 JOHN GLENN RD STE A Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2023-06-05 $64.00 PATRICIA CERVANTES 18618 CASABA RD Hotels,Motels & Other Rental Units Yes Renewal 2023-06-16 $34.00 RELIABLE ENVIRONMENTAL SERVICES INC. 14353 HARTS WAY Septic Tank/Cesspool Cleaning Yes Renewal 2023-06-26 $64.00 RICHARD & VILLA HAINES 18511 HERMOSA RD Hotels,Motels & Other Rental Units Yes Renewal 2023-06-17 $34.00 RODRICK TITUS 10458 HIGH MESA STREET Hotels,Motels & Other Rental Units Yes Renewal 2023-06-29 $30.00 SEAN CHEN 17976 AVERY ST Hotels,Motels & Other Rental Units Yes Renewal 2023-06-30 $34.00 SHAUN CONOLLY 15198 PEARMAIN STREET Hotels,Motels & Other Rental Units Yes Renewal 2023-06-05 $34.00 SOUTH CAPITOL COTTAGE 15054 DAISY RD Home Occupation Yes Renewal 2023-06-04 $29.00 SOUTHWEST INSPECTION & TESTING, INC. 441 COMMERCIAL WAY Misc Business No Renewal 2023-06-04 $54.00 STEVEN MADRID TIRES DBA STEVE'S TIRES 14672 KELLY ST Home Occupation Yes Renewal 2023-06-11 $29.00 STORAGE LOCKER 16422 ADELANTO RD Mini Storage Yes Renewal 2023-06-02 $784.00 Process Summary:

New - Pending Approval:19
Renewal Accounts:74
Reinstated Accounts:2 Attachment No. 1
Reporting Period: June 2023
Total Licenses Processed: 95
12 Monthly Business Activity Listing
Firm Name Firm Address Business Description Location Inside Adelanto License Type Issue Date Amount SYSCO RIVERSIDE INC. 15750 MERIDIAN PKWY Trucking Hauling No Renewal 2023-06-14 $129.00 THE NANI HARTONO 2014 TRUST 37 ELDORADO ST B Hotels,Motels & Other Rental Units No Renewal 2023-06-16 $34.00 THONG AND MADELEINE CAO 14519 CLYDESDALE STREET Hotels,Motels & Other Rental Units Yes Renewal 2023-06-14 $34.00 TONY SRIVASTAVA 10560 INYO CT Hotels,Motels & Other Rental Units Yes Renewal 2023-06-30 $34.00 UPWARD PROPERTY MANAGEMENT, INC. 9525 JOSHUA Hotels,Motels & Other Rental Units No Renewal 2023-06-08 $51.50 V3 ELECTRIC 160 BLUE RAVINE RD SUITE G Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2023-06-25 $64.00 VALLEY INSURED PROPERTY MANAGEMENT, INC 18275 BEAR VALLEY RD Real Estate No Renewal 2023-06-12 $154.00 V'S SOLAR ENTERPRISE LLC 13991 JICARILLA RD Contractors (All Other Class 'C') No Renewal 2023-06-04 $54.00 WESTERN AMERICA HOME, LLC 15024 DRAGON TREE Hotels,Motels & Other Rental Units Yes Renewal 2023-06-28 $34.00 XINMU QIU 14564 AGAVE WAY Hotels,Motels & Other Rental Units Yes Renewal 2023-06-14 $34.00 YING MING ZHOA 14588 TORREY WAY Hotels,Motels & Other Rental Units Yes Renewal 2023-06-05 $34.00 YOLI'S CARPET CLEANING 16616 LEMON ST Janitorial Serv and Supplies No Renewal 2023-06-30 $34.00 ZADOK PROPERTIES, INC. 15193 AMBER WAY Hotels,Motels & Other Rental Units Yes Renewal 2023-06-29 $34.00 ZHONG 11782 STOCKTON ST Hotels,Motels & Other Rental Units Yes Renewal 2023-06-04 $34.00 Process Summary:

New - Pending Approval:19
Renewal Accounts:74
Reinstated Accounts:2 Attachment No. 1
Reporting Period: June 2023
Total Licenses Processed: 95
13 Totals for New Receipts
Summary by GL Account #
Paid to Client
Building Dept - Commercial Zoning Fees $100.00
Building Dept - Home Occupation Zoning Fees $380.00
Business License Tax - G/L #100-0000-43035 $890.97
Penalties - G/L #100-0000-43035 $8.03
SB-1186 Fees - City Portion $14.40
SB-1186 Fees - State Portion $1.60
Total: $1,395.00
Paid to HdL
Unknown $4.00
Building Dept - Commercial Zoning Fees $100.00
Building Dept - Home Occupation Zoning Fees ($95.00)
Business License Tax - G/L #100-0000-43035 $7,309.68
NSF Fee $17.50
Penalties - G/L #100-0000-43035 $209.53
SB-1186 Fees - City Portion $435.60
SB-1186 Fees - State Portion $48.40
Total: $8,029.71
Summary by Payment Type
8 Check 402.13
3 Credit Balance -
96 Credit Card 6,419.08
15 eCheck 1,682.50
9 Paid at City 1,395.00
5 Refund/Reversal (474.00)
136 Grand Total: $9,424.71
Summary by Geo Area
136 9,424.71
136 Grand Total $9,424.71
Attachment 2
City of Adelanto
Business License Division
Cash Receipts Summary
06/01/2023 to 06/30/2023
14 CITY COUNCIL AGENDA REPORT
DATE: July 12, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, City Engineer
SUBJECT: Resolution Adopting List of Projects and SB1 2023/2024 Road Maintenance Program
STAFF RECOMMENDATION:

Staff recommends that the City Council approve Resolution No.23-64 BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation, and critical safety needs on both State and local roads, SB 1 increases per-gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration fees, and provides for inflationary adjustments to tax rates in future years.

Beginning November 1, 2018, the State Controller (Controller) began depositing this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding is annually apportioned to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

Annually, the City of Adelanto, along with all other eligible California agencies, submits a work plan to the California Transportation Commission (CTC) committing the following fiscal years RMRA funding to a specific pavement preservation project in the coming year or in a future year if the City so desires. The submission of the work plan maintains the City's eligibility to garner RMRA funding during the forthcoming fiscal year. Without this commitment of RMRA funds the City loses its eligibility to collect RMRA funding through the State Controller's Office (SCO).

All agencies must submit their proposed SB 1/RMRA FY 2021/22 project lists to the California Transportation Commission annually. City Council action is required to designate projects for the allocation of RMRA funding.

The City expects to receive an allocation of $888,378 in FY 2023/24 that can be used for road maintenance and rehabilitation, safety projects, complete street components, or traffic control devices.

After a comprehensive review of the assessment results, staff identified following street segment to be included on the upcoming fiscal year SB1/RMRA projects. Staff’s basis for the recommendation was to ensure SB1 revenues are being used on the highest-priority and most cost-effective projects that also meet the community’s priorities for transportation investment. 15 FISCAL IMPACT:

There is no fiscal impact to General fund associated with this action. The applicant will pay for any cost incurred in the process.

ATTACHMENTS:

A. Council Resolution No. 23-64
B. Location Map
16 RESOLUTION NO. 23-64

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

SAN BERNARDINO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $888,378 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City strives to ensure SB-1 revenues are being used on the most cost- effective projects, primarily in residential zones that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB1 will help the City maintain and rehabilitate streets, roads, bridges, add active transportation infrastructure throughout the City this year and similar projects into the future; and
WHEREAS, the majority of Adelanto’s streets are in “at-risk” to “poor” condition and this revenue will benefit our community through increased safety, less wear or motor vehicles, improved visibility of pavement markings for motorists and pedestrians and overall improved quality of life; and
17 WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The following proposed project will be funded in-part or solely with fiscal year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project Description Project Location Est. Completion
Schedule
Est. Useful
Pavement Repair Life
and Rehabilitation
Project Phase I
Koala Road between El
Mirage Road and Chamberlaine
Way
06/2024 – 12/2024 Up to 10 years
18 Resolution No. 23-64

Page 2 ends

PASSED, APPROVED AND ADOPTED this 12 day of July, 2023. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
19 Resolution No. 23-64

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 23-64 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 12 day of July 12, 2023 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 12 day of July, 2023.
______________________________
Brenda Lopez, City Clerk
20 LOCATION MAP

KOALA ROAD BETWEEN EL MIRAGE ROAD AND CHAMBERLAINE WAY
21 CITY COUNCIL AGENDA REPORT
DATE: July 12, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores
SUBJECT: NEW BUSINESS – REVIEW OF FIREWORKS STANDS APPLICATION REQUIREMENTS STAFF RECOMMENDATION:

Request that the City Council review and provide the application requirements to the existing applicants and any potential future applicants.

BACKGROUND:

In accordance with Chapter 9.65 of the Adelanto Municipal Code, organizations wishing to participate in the sale of fireworks must meet certain eligibility requirements. An overview of the requirements are as follows:

9.65.030 GENERAL REQUIREMENTS FOR FIREWORKS LICENSEES.

1. Each organization approved for a fireworks stand must participate in the Adopt-A-Street program, and Community Clean-Up Days. The Adopt A-Street program and Community CleanUp Days can be satisfied by either of the following :(1) twelve (12) Adopt A- Street clean-ups ;or (2)ten (10) Adopt A-Street clean -ups and two (2 )Community Clean-Up Days. The Community Cleanup days shall be scheduled each spring and Fall. In the evet and organizations street adopted under the Adopt-A-Street Program is in Satisfactory Condition, the organization may volunteer to assist another organization with its Adopt A Street Program and will receive credit for the clean-up under the program. Each group shall have at least twenty percent (20%) of their organization participate to earn community service hours, and service hours related to the operation of the organization itself do not qualify. Each organization must provide evidence to the City of their Adopt A Street clean ups by providing date stamped photographs of trash collected. Photographic evidence must be submitted to [email protected] 22 FORMS REQUIRED:

The applicant must complete the attached forms as prescribed and all of the following information must be attached with the application for the license to sell fireworks.

1. The applicant shall, at the time of filing the application for a license to sell fireworks, deliver to the Planning Department Office a policy of liability insurance in the amount $100,000/$300,000 and a $50,000 property insurance certificate indemnifying and holding harmless the City of Adelanto and its applicant(s) from any damage that should occur from the sale of said fireworks.

Also required is a copy of the requisite permit, indemnifying and holding harmless the City of Adelanto and its applicant(s), from the State Fire Marshall.

2. An agreement between the manufacturer and/or wholesaler of the fireworks that indemnifies and holds harmless the City of Adelanto and its applicant(s) from damage resulting from defective fireworks.

3. A license fee of $200.00 shall be made payable to the City of Adelanto. This application fee is non-refundable.

4. Temporary Use Permit: The following temporary uses shall be subject to review and approval or conditional approval by the Director of Planning pursuant to Chapter 17.155 of the Adelanto Municipal Code. PLEASE PROVIDE A PLOT PLAN AND OTHER GRAPHICS NECESSARY TO INDICATE THE LOCATION. Fee: $564.00

5. A $600 fee or 6% of organizations prior year’s net sales whichever is greater due at the time of application as a cleanup fee.

6. Signed Community Agreement form.

UPON ISSUANCE OF APPROVED LICENSE, THE FOLLOWING IS REQUIRED:

2. A temporary "Sales Tax Permit" from the Regional Office of the State Board of Equalization.

3. Safety Inspection from the San Bernardino County Fire department.

4. All unsold stock and litter shall be removed from the stand by 5pm on July 6th, and the fireworks stand shall be removed and temporary site cleaned within 500 feet of the stand by 12pm on July 10th.

5. A financial statement is due to the planning department by September 3, detailing costs and revenue from the fireworks stand. The statement shall also describe how the money received from the sale of fireworks goes back into the community, and should identify the number of Adelanto residents that are benefited.
23 6. Failure to perform any of the above mentioned items may result in revocation of license or inability to gain license the following year.

ATTACHMENTS:

1. Fireworks Application

2. Temporary Use Permit

3. Chapter 9.65 “Storage, Use, and Sale of Fireworks”
24 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 City of Adelanto
Business License Division

FIREWORKS PERMIT APPLICATION

INSTRUCTIONS FOR FILING AN APPLICATION

FOR A LICENSE TO SELL FIREWORKS
NOTE: PLEASE READ CAREFULLY TO AVOID UNDUE DELAY.

PROCEDURES AND TIMING:

This application must be filled out completely and submitted together with the required forms by April ,2024 at 5:00 p.m.

Applicants shall be notified by the Planning Department whether the application for the sale of fireworks is granted or rejected. If there are more applicants than there are licenses available a drawing will be conducted.

FORMS REQUIRED:

The applicant must complete the attached forms as prescribed and all of the following information must be attached with the application for the license to sell fireworks. a. The applicant shall, at the time of filing the application for a license to sell fireworks, deliver to the Planning Department Office a policy of liability insurance in the amount $100,000/$300,000 and a $50,000 property insurance certificate indemnifying and holding harmless the City of Adelanto and its applicant(s) from any damage that should occur from the sale of said fireworks. Also required is a copy of the requisite permit, indemnifying and holding harmless the City of Adelanto and its applicant(s), from the State Fire Marshall.
b. An agreement between the manufacturer and/or wholesaler of the fireworks that indemnifies and holds harmless the City of Adelanto and its applicant(s) from damage resulting from defective fireworks.
c. A license fee of $200.00 shall be made payable to the City of Adelanto. This application fee is non-refundable.
d. Temporary Use Permit: The following temporary uses shall be subject to review and approval or conditional approval by the Director of Planning pursuant to Chapter 17.155 of the Adelanto Municipal Code. PLEASE PROVIDE A PLOT PLAN AND OTHER GRAPHICS NECESSARY TO INDICATE THE LOCATION. Fee: $564.00 e. A $600 fee or 6% of organizations prior year’s net sales whichever is greater due at the time of application as a cleanup fee.
e. Signed Community Agreement form.
25 APPLICATION FOR SALE OF FIREWORKS
Revised 7/8/23 Page 2
f. Failure to complete any of the above items may result in revocation of License to Sell Fireworks, or effect eligibility for the following year.

UPON ISSUANCE OF APPROVED LICENSE, THE FOLLOWING IS REQUIRED:
a. A temporary "Sales Tax Permit" from the Regional Office of the State Board of Equalization.
b. Safety Inspection from the San Bernardino County Fire department. c. All unsold stock and litter shall be removed from the stand by 5pm on July 6 th, and the
fireworks stand shall be removed and temporary site cleaned within 500 feet of the stand by 12pm on July 10th.
d. A financial statement is due to the planning department by September 3, detailing costs and revenue from the fireworks stand. The statement shall also describe how the money received from the sale of fireworks goes back into the community, and should identify the number of Adelanto residents that are benefited.
e. Failure to perform any of the above mentioned items may result in revocation of license or inability to gain license the following year.

Section 2. Fireworks; Sale of; License required. Except as provided herein, no person shall offer for sale or sell any fireworks of any kind in said City without having first applied for and received a license.

Section 3. Prerequisites to Issuance of License; The following qualifications must be met by each applicant for a license issued hereunder.
a. No license shall be issued to any person, firm, or corporation, except non-profit associations or corporations organized primarily for civic betterment or youth activities.

At least 80% of the group’s members must be Adelanto residents. In the circumstance that a drawing must take place to select applicants that receive the license, the organization may be asked to supply the Planning Department with proof of member’s residency within the City.
b. Each such organization must have its principal and permanent meeting place in the corporate limits of said City, must maintain a bona fide membership of at least twenty (20) Adelanto resident members, and must have been organized and established in said City's corporate limits for a minimum of one (1) year continuously preceding the filing of the application for the license.
c. No organization may receive more than one (1) license for fireworks sale during any one (1) calendar year. One (1) license may be issued to two (2) or more qualifying applicants as a joint venture, but may only operate one (1) stand. The maximum number of licenses which may be issued pursuant to this Ordinance during any one (1) calendar year shall not exceed one (1) license for each three thousand (3,000) residents of the City, or fraction thereof, based on the latest official roster, State of California census estimate.
26 APPLICATION FOR SALE OF FIREWORKS
Revised 7/8/23 Page 3
d. If the number of applications exceeds the number of licenses allowed to be issued, the license shall be granted by a drawing supervised by the City Clerk. The drawing will be held at a council meeting, the applicants will be notified of the drawing date and notification of selection will be performed the following day.

Section 4. Operation of Stand;
a. No person other than the licensee organization shall operate the stand for with the license is issued or share or otherwise participate in the profits of the operation of such stand.
b. No person other than the individuals who are members of the license organization, and their immediate, adult age family members, shall sell or otherwise participate in the sale of fireworks at such stand. In no instance shall a person under the age of eighteen (18) years be permitted to sell or otherwise participate.
c. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.

Section 5. Temporary Firework Stands. All sales of "Safe and Sane" fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following provisions:
a. No fireworks stand shall be located within twenty-five (25) feet of a building or within one hundred (100) feet of any gasoline pump.
b. Fireworks stands need not comply with the provisions of the building code of said City, however, the Building and Safety department may inspect the stand at any time to reasonably insure the safety of attendants and patrons. c. No stand shall have a floor area in excess of three hundred (300) square feet. d. Each stand must have at least two (2) unobstructed exits; and each stand in excess of forty (40) feet in length must have at least three (3) exits spaced approximately equidistance apart, provided, however, that in no case shall the distance between exits exceed twenty-four (24) feet.

Section 6. General requirements for Licensees.
a. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least fifty (50) feet surrounding the stand before operation of stand.
b. "No Smoking within 100 Feet" signs shall be prominently displayed on the fireworks stand.
c. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein.
d. Each firework stand shall obtain a safety inspection by the San Bernardino County Fire Department prior to opening.
e. The sale of fireworks shall not begin before 12pm on June 28th, and shall not continue after 11:59pm on July 4th.
27 APPLICATION FOR SALE OF FIREWORKS
Revised 7/8/23 Page 4
f. Each stand shall display a sign of at least ten (10) square feet stating that discharge of fireworks is only legal within Adelanto city limits between 12:00 noon, June 28th and 11:59pm midnight July 4th.
g. During the days allowed for sale of fireworks, no sales shall be made except between the hours of 7:00 A.M. and 12:00 midnight, except the first day (June 28th), during which sales must start no earlier than noon.
h. All unsold stock and litter shall be removed from the stand by 5pm on July 6th, and the fireworks stand shall be removed and temporary site cleaned within 500 of feet of the stand by 12pm on July 11
th
.

Section 7. Display of License and Sales Tax Permit; License to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand.

Section 8. Prohibitions on Discharge; It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, upon or over onto the property of another without his consent, or to ignite, explode, project, or otherwise fire or make use of, any fireworks within ten (10) feet of any resident, dwelling or other structure used as a place of habitation by human beings or within one hundred (100) feet of any fireworks stand.

I, WE, HEREBY CERTIFY that I (We) have read and understand the information contained within this application and furthermore agree to comply strictly with the terms of this license and the provisions of the Ordinance.

Signature of Applicant Print Name/Title Date
Email Address: ____________________________ Phone Number: __________________________ 28 APPLICATION FOR SALE OF FIREWORKS
Revised 7/8/23 Page 5
APPLICATION IS HEREBY made to the Planning Department of the City of Adelanto, California, pursuant to the provisions of Ordinance No.494, for a license to sell fireworks for the Forth of July.

IF NOT COMPLETED CORRECTLY IT MAY DELAY PROCESSING YOUR APPLICATION.

OWNER/APPLICANT INFORMATION
APPLICANT/AUTHORIZED AGENT (Applicant must be the owner of the land, the lessee having a lease hold interest, or the agent of the foregoing, duly authorized in writing.) AREA CODE/TELEPHONE

MAILING ADDRESS OF APPLICANT/AUTHORIZED AGENT CITY STATE ZIP To the Business License Office of the City of Adelanto, I the undersigned AM OWNER LESSEE AGENT of the property located at:

STAND LOCATION/PHYSICAL ADDRESS CITY STATE ZIP APN#
THE EXACT LEGAL DESCRIPTION OF THE PROPERTY IS: How long has the organization been located in Adelanto? _____Year(s) _____Month(s)
Organization Address (No P.O. Box):

FOR FIRE AND POLICE PROTECTION, LIST TELEPHONE NUMBER OF PERSON(S) TO BE CONTACTED.

EMERGENCY CONTACT NAME AREA CODE/TELEPHONE HOME
WORK
MOBILE
Is the Organization(s) participating in “The Adopt a Street Program?  YES  NO Street Name:

From: TO:

PLEASE ATTACH THE FOLLOWING
The following items are attached hereto and made part of this application.

1. Notarized property owner authorization. YES NO INITIALS__________

2. Requisite permit for State Fire Marshall. YES NO INITIALS__________

3. Agreement from fireworks manufacturer/wholesaler. YES NO INITIALS__________

4. $100,000.00/$300,000.00 public liability and $50,000.000 property damage insurance certification.
YES NO INITIALS__________

5. Temporary Use Permit & Plot Plan YES NO INITIALS__________

6. Proof of Non-Profit Status YES NO INITIALS__________ EXCERPT FROM ORDINANCE NO. 494 OF THE CITY COUNCIL OF THE CITY OF ADELANTO REGULATING STORAGE, USE AND SALE OF SAFE AND SANE FIREWORKS WITHIN SAID CITY:

SECTION 1. DEFINITION; SALE OF. Safe and Sane Fireworks as defined in Section 12504 of the California Health and Safety Code may be sold and discharged within the City of Adelanto during the period beginning at 12:00 noon on the 28th day of June and ending at 12:00 midnight on the 4th day of July each year pursuant to the provision of this Ordinance and not otherwise.

Signature Print Name/Title Date
29 APPLICATION FOR SALE OF FIREWORKS
Revised 7/8/23 Page 6
Community Agreement
I, ___________________________________________, as an authorized representative of _______________________________________________, understand that the organization listed is required to participate in two yearly community clean up days and to participate in the Adopt-A-Street program in order to receive a license to sell fireworks.

Please Initial the below to confirm that you agree to the following:

Clean-Up Day:
_____ Applicant has been participating and will continue to participate in two yearly community clean- up days.
_____ Applicant has been informed of the clean-up days they may be assigned: TBD. Applicant understands that planning staff will be assigning community clean updates and times accordingly.
_____ Organization members are required to participate for four (4) hours on two (2) different days for a total of eight (8) hours. The events are held at Adelanto Stadium,12000 Stadium Way. _____ Applicant understands that at least 20% of its members must participate in each clean-up day.

Adopt-A-Street:
_____ Applicant has been participating and will continue to participate in the Adopt-A-Street program, which is to be done monthly.
_____ Applicant will contact Public Works through Virginia Cervantes or the Public Works designee at 760-246-2300 x11124 to request trash bags for the Adopt-A-Street days they select. _____ Applicant will inform the same contact as above when and where the trash bags should be picked up by Public Works so that bags are not left at the site. _____ Applicant understands that at least 20% of its members must participate in each Adopt-A-Street event.

Eligibility:
_____ Applicant understands that failure to participate in the Adopt-A-Street and Clean-up wil result in ineligibility for a fireworks permit.
30 11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 1 Revised 5.3.2021

DEVELOPMENT SERVICES DEPARTMENT
Temporary Use Permit
The following temporary uses shall be subject to review and approval or conditional approval by the Director of Planning pursuant to Chapter 17.155 of the Adelanto Municipal Code.

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

EMERGENCY SERVICES: If the event requires emergency services (police, fire), approval and contract for services shall be acquired two weeks prior to the event.

Business/Organization Name __________________________________________________ Address and Phone No. ________________________________________________________ Contact Person _______________________________________________________________ Event Location ________________________________________________________________ I/We the above named hereby request approval of the City of Adelanto Planning Department to allow for the following temporary use at the above referenced location.

Said event shall be held on (date) _________________________________________________ Hours of operation _____________________________________________________________ Description of proposed temporary use _____________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ DEPOSIT $564.00 non-refundable
31 APPLICATION FOR TEMPORARY USE PERMIT
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 2 Revised 5.3.2021
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

PLEASE PROVIDE A PLOT PLAN AND OTHER GRAPHICS NECESSARY TO INDICATE THE LOCATION

OF ALL PROPOSED EVENTS, THE LAYOUT OF FIXTURES OR TABLES, AND THE LOCATION AND SIZE OF ANY SIGNS, PENNANTS, BANNERS OR STREAMERS USED.

ALL INFORMATION, INCLUDING THIS APPLICATION, SHALL BE COPIED ONTO A USB OR EMAILED AS A PDF AND TURNED IN WITH THE ORIGINAL DOCUMENTS.

I/We hereby release, absolve, indemnify, hold harmless and waive any and all claims against the City of Adelanto in any matter and/or circumstance arising from said temporary use. ____________________________________________________________________________ Signature Title Date
32 APPLICATION FOR TEMPORARY USE PERMIT
11600 Air Expressway • P.O. Box 10 • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P a g e | 3 Revised 5.3.2021
**************************PROPERTY OWNER’S CONSENT************************** I/We the owner(s) of the above property hereby grant permission for the above listed applicant(s) to conduct said temporary use as requested. ____________________________________________________________________________ Name (Print) Signature Phone Date
***************************DEPARTMENTAL USEONLY***************************** Type of Temporary Sale ________________________________________________________ Receipt # _________________
Applicant’s information complete _____
Sign information _____
Property owner’s permission statement _____
Other department’s review: Fire _____ Building _____ Public Works _____ Approved _____ subject to conditions (see below) _____ Disapproved _____ Conditions: See Attached
____________________________________________________________________________ Approved by Date
33 Chapter 9.65

STORAGE, USE AND SALE OF FIREWORKS
Sections:

9.65.010 Purpose

9.65.015 Definition

9.65.020 Sale and Discharge of Fireworks

9.65.025 License Required; Application for License to Sell Fireworks

9.65.030 General Requirements for Fireworks Licensees

9.65.035 Operation of Fireworks Stand

9.65.040 Temporary Fireworks Stands

9.65.045 Temporary Sales Tax Permit Required; Display of License and Permit

9.65.050 Prohibition on Discharge of Fireworks

9.65.055 Penalties

9.65.010 Purpose.

The purpose of this Chapter is to bring the City's regulation of the use of fireworks into compliance with the California State Fire Marshal's Department regulations and to protect and secure the public health, safety and general welfare. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]

9.65.015 Definition.
"Safe and Sane Fireworks" shall be as defined in Section 12504 of the California Health and Safety Code, as that section may in the future be amended.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]

9.65.020 Sale and Discharge of Fireworks.
“Safe and Sane Fireworks” may only be sold and/or discharged within the City, and such discharge may only occur during the period beginning at 12:00 noon on the 28th day of June and ending at 11:59 pm on the 4th day of July each year. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]

9.65.025 License Required; Application for License to Sell Fireworks.

A. Except as otherwise provided herein, no person shall offer for sale or sell fireworks of any kind in the City, without having first applied for and received a license therefore.

B. All applications for licenses to sell fireworks shall:

1. Be made in writing, accompanied by an initial license fee of two hundred dollars ($200.00), which will be used to defray the cost of administration, inspection and supervision of fireworks licensees. The Temporary Business License application and Temporary Use Permit application shall be incorporated into the Fireworks application; fees for the Temporary Business License application and Temporary Use Permit are incorporated into the application fee.

2. Be submitted between the first and the last day of March each year, except when the last day falls on a day when City Hall is closed, then the following business day shall be the last day.

3. Set forth the proposed location of the fireworks stand applied for. Each stand must be on private property located in the "C" zoning district or heavier industrial or manufacturing zones of the City, or on public land at the sole discretion of the City. A notarized statement from the owner of record of the property must accompany the application.

4. Be accompanied by an agreement from the manufacturer and/or wholesaler of the fireworks to defend, indemnify and hold the City harmless from any claims, liability, litigation, damages or other injuries resulting from defective fireworks.

5. Include a statement that the applicant agrees to comply strictly with the terms of any license granted to it and furnish any additional information upon request of the City Manager, the City Council or their authorized employees and/or representatives.

C. At the time of issuance of the license, the applicant must deliver to the Business License Department evidence of public liability insurance in an amount not less than one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00) and not less than fifty thousand dollars ($50,000.00) property damage insurance in the form and 34 content required by the City, certificated, and a copy of the requisite permit from the State Fire Marshal.

D. At the time of application, each applicant shall submit a non-refundable clean-up fee of either 6% of the organization’s prior year’s net sales, or $600, whichever is greater, so that the City recuperates cost of cleaning up after 4th of July holiday.

If this is an organization’s first year participating, the $600 rate shall apply. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]

9.65.030 General Requirements for Fireworks Licensees.

The following qualifications must be met by each applicant for a license issued hereunder:

A. No license shall be issued to any person, firm or corporation except non-profit associations or corporations organized primarily for civic betterment or youth activities. Such organizations, groups or individuals shall be limited to one (1) license.

B. Each such organization must have its principal and permanent meeting place within the corporate limits of the City, must maintain a bona fide membership of at least eighty percent (80%) of the organization must be Adelanto residents, and must have been organized and established in the City's corporate limits for a minimum of one (1) year continuously preceding the filing of the application for the business license.

C. No organization may receive more than one (1) license for fireworks sale during any one (1) calendar year. One (1) license may be issued to two (2) or more qualifying applicants as a joint venture, but may only operate one (1) stand. The maximum number of licenses which may be issued pursuant to this Chapter during any one (1) calendar year shall not exceed one (1) license for each three thousand (3,000) residents of the City, or fraction thereof, based on the latest official roster, State of California census estimate.

D. If the number of applications exceeds the number of licenses allowed to be issued, the licenses shall be granted by a drawing supervised by the City Clerk. The drawing will be held at a Council meeting, the applicants will be notified of the drawing date and notification of selection will be performed the following day.

E. Reserved.

F. Reserved.

G. Reserved.

H. Each organization approved for a fireworks stand must participate in the Adopt-A-Street program, and Community Clean-Up Days,. The Adopt A-Street program and Community Clean-Up Days can be satisfied by either of the following: (1) twelve (12) Adopt A-Street clean-ups; or (2) ten (10) Adopt A-Street clean-ups and two (2) Community Clean-Up Days. The Community Clean-Up Days shall be scheduled by the City each Spring and Fall. In the event that an organization's street adopted under the Adopt A-Street program is in satisfactory condition, that organization may volunteer to assist another organization with its Adopt-A Street clean up and will receive credit for the clean-ups under the program. Each group shall have at least twenty percent (20%) of their organization participate to earn community service hours, and service hours related to the operation of the organization itself do not qualify. Each organization must provide evidence to the City of their Adopt-A Street clean ups by providing date stamped photographs of trash collected. Photographic evidence must be submitted to [email protected].
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19; Ord. No. 605, Section 3, 8/28/19.]

9.65.035 Operation of Fireworks Stand.

A. No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.

B. No person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand(s) except that in no instance shall a person under the age of eighteen (18) years be permitted to sell or otherwise participate in the operation of the fireworks stand.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]

9.65.040 Temporary Fireworks Stands.

A. All fireworks sales must be made from within a temporary fireworks stand, and sales from any other building or structure are prohibited.

B. No fireworks stand shall be located within twenty-five (25) feet of any other building nor within one hundred (100) feet of any gasoline pump.

C. All stands shall be erected under the supervision of the Building and Safety Department, and must be constructed in a manner that will reasonably ensure the safety of attendants and patrons. Any building and safety permit fees shall be waved.

D. No fireworks stand shall have a floor area in excess of three hundred (300) square feet.

E. Each fireworks stand must have at least two (2) unobstructed exits; and each stand in excess of forty (40) feet in length must have at least three (3) unobstructed exits spaced approximately equidistant apart, provided, however, that in no 35 case shall the distance between the exits exceed twenty-four (24) feet.

F. Each fireworks stand shall provide two (2), two and one-half (2-1/2) gallon "water pressure" type or 2A10BC dry chemical type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.

G. All weeds and combustible materials shall be cleared from the location of the fireworks stand and for a distance of at least fifty (50) feet from any point of the stand.

H. "No Smoking Within 100 Feet" signs must be prominently displayed on the fireworks stand.

I. Each fireworks stand must have an adult in attendance and in charge thereof while fireworks are stored therein, including an onsite presence overnight while the stand is closed. Sleeping or remaining in the fireworks stand after close of business each day is forbidden.

J. Each fireworks stand shall obtain a safety inspection and clearance from the San Bernardino County Fire Department prior to opening.

K. The sale of fireworks shall not begin before 12:00 noon on the 28th day of June and shall not continue after 11:59pm on the 4th day of July.

L. Each fireworks stand shall display a sign of at least ten (10) square feet stating that discharge of fireworks is only legal within the City limits between 12:00 noon, June 28 and 11:59pm, July 4.

M. During the days allowed for the sale of fireworks, no sales shall be made except between the hours of 7:00 a.m. and 12:00 midnight.

N. All unsold stock and accompanying litter shall be removed from the fireworks stand location by 5:00 p.m. on July 6.

O. The fireworks stand shall be removed, and the temporary site cleared by 12:00 noon on the 10th day of July. If this requirement cannot be met by the July 10th date, the stand operator must work with City staff to arrange for a new pick up date.

P. Each organization operating or participating in a fireworks stand shall submit, to the City, a financial statement of actual sales and profit by 5:00 p.m. August 31, following the fireworks sale, unless that day falls on a day when City Hall is closed, then the following business day shall be the last day. The financial statements are subject to review and approval by the City. The records shall be retained by the City. Failure to comply will result in revocation of future license eligibility. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19; Ord. No. 605, Section 3, 8/28/19.]

9.65.045 Temporary Sales Tax Permit Required; Display of License and Permit.

A. Organizations licensed by the City for fireworks sales are required to obtain a temporary sales tax permit from the State Board of Equalization.

B. The temporary sales tax permit and the City license to sell fireworks must be displayed in a prominent place in the fireworks stand.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]

9.65.050 Prohibition on Discharge of Fireworks.

It shall be unlawful for any person to ignite, explode, project or otherwise fire or use, any fireworks or permit the ignition, explosion or projection thereof, upon or over onto the property of another without his/her consent, or to ignite, explode, project or otherwise fire or make use of any fireworks within ten (10) feet of any residence, dwelling or other structure used as a place of habitation, congregation or assembly, or within one hundred (100) feet of any fireworks stand. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]

9.65.055 Penalties.

Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of one thousand dollars ($1,000.00), or imprisonment not to exceed one hundred eighty (180) days, or both fine and imprisonment. Further, the fireworks sales license of any licensee who violates or permits any provision of this Chapter to be violated shall be revoked and the licensee shall not be entitled to receive a license for a period of three (3) years thereafter.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 605, Section 3, 8/28/19.] 36

Adelanto City CouncilJuly 12, 2023

Adelanto City Council
July 12, 2023