Agenda, regular meeting — Adelanto City Council, September 13, 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
September 13, 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:
1-669-900-6833
Webinar ID: 931 4644 4676
Passcode: 7601
Submit written comments:

We encourage submittal of written comments supporting, opposing, or otherwise commenting 1 REGULAR MEETING
September 13, 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
September 13, 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)
“Opiod Settlements with Walmart, Walgreens, Teva, Allergan, and CVS”

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 – Public Employee Performance Evaluation
Title: City Manager
E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
A. CALL TO ORDER—CLOSED SESSION
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
September 13, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us F. CONVENE INTO CLOSED SESSION
TIME: _____________

1. Motion to go into Closed Session.

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

FLAG SALUTE: ______________________
H. CLOSED SESSION REPORT
I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
K. PRESENTATIONS
G. CALL TO ORDER—REGULAR MEETING
4 REGULAR MEETING
September 13, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us L. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

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

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

2. Approval of Meeting Minutes: May 25, 2022 August 10, 2022 June 2, 2022 August 17, 2022
June 8, 2022 August 24, 2022
June 22, 2022 August 29, 2022
July 13, 2022 August 31, 2022
July 27, 2022

3. Approval Commercial and Residential Recycling Department Report.

M__________________S__________________ACTION__________________ 5 REGULAR MEETING
September 13, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us N. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. AWARD A CONSTRUCTION CONTRACT FOR BARTLETT AVENUE REHABILITATION AND WATER MAIN IMPROVEMENTS TO CHISTENSEN BROTHERS GENERAL ENGINEERING INC. (SABA) RECOMMENDATION: Staff recommends City Council approve an award of construction contract agreement with Christensen Brothers General Engineering, Inc. in the amount of $4,367,030, to provide construction of Bartlett Avenue Rehabilitation Project between Adelanto Road and Lilac Road , authorizing project construction contingency in the amount of $436,703 for the construction, authorizing City Manager or designee to expend the contingency fund, if necessary to complete the project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act. .

M__________________S__________________ACTION__________________ PUBLIC COMMENT: OPEN: CLOSED:

2. AUTHORIZATION TO SUBMIT GRANT APPLICATION TO COUNTY OF SAN BERNARDINO

FOR HOMELESS FACILITY (JESSIE)
RECOMMENDATION: Authorize staff to prepare and submit an $8 million grant application to the County of San Bernardino via Supervisor Paul Cook’s office for the purpose of developing a homeless facility within the city.
.

M__________________S__________________ACTION__________________ O. ITEMS REMOVED FROM THE CONSENT CALENDAR
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. 6 REGULAR MEETING
September 13, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 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 SEPTEMBER 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
S. DECLARATION OF POSTING
7 REGULAR MEETING
September 13, 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 8 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
SEPTEMBER 13, 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: September 8, 2023 Brenda Lopez, City Clerk, CMC
9 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
May 25, 2022
A. CALL TO ORDER - CLOSED SESSION
The Adelanto City Council held the Special Meeting on Wednesday, May 25, 2022, via teleconference:https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT 09 Or Telephone: 877 853 5247 (Toll Free) or 888 788 0099 (Toll Free); Webinar ID: 931 4644 4676 Passcode: 7601, of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order closed session meeting at 5:39 p.m.

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

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

Roll Call Vote:

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

D. ANNOUNCEMENTS OF CLOSED SESSION ITEMS
10 City Council Minutes
Regular Meeting
May 25, 2022
2 1. CONFERENCE WITH LABOR NEGOTIATORS – PURSUANT TO GOVERNMENT CODE § 54957.6.

City Designated Representatives: Jessie Flores, City Manager Angel Castellanos, Principal Accountant
Employee Organization: Teamsters Local 911 (General Employees)

2. CONFERENCE WITH LABOR NEGOTIATORS- PURSUANT TO GOVERNMENT CODE § 54957.6.

City designated representative(s): Jessie Flores, City Manager Angel Castellanos, Principal Accountant
Organization: Confidential/Professional Employees Group

3. CONFERENCE WITH LABOR NEGOTIATORS- PURSUANT TO GOVERNMENT CODE § 54957.6.

City designated representative(s): Jessie Flores, City Manager Angel Castellanos, Principal Accountant
Organization: City Management Employees Group
City Attorney Marc Tran announced closed session items.

E. CONVENE INTO CLOSED SESSION
Mayor Reyes convened the meeting into closed session at 5:41 p.m.

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

Roll Call Vote:

Evans: Yes
Jeannette: Yes
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
11 City Council Minutes
Regular Meeting
May 25, 2022
3 F. CALL TO ORDER - REGULAR MEETING
Mayor Reyes called to order the regular meeting at 7:02 p.m.

Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos, Mayor Reyes Invocation: Mayor Reyes
Flag Salute: Mayor Pro Tem Ramos
G. CLOSED SESSION REPORT
City Attorney Marc Tran noted for the record that Mayor Pro Tem Ramos joined the closed session meeting at 5:54 p.m. He stated the council was given direction and no reportable action was taken.

H. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Jeannette spoke about the car show, JPA recycling meeting, Barstow VVTA meeting and July 4th there will be a free bus service. She spoke about stadium events also.

Council Member Jones asked to keep families in Texas in your prayers.

Mayor Pro Tem Ramos also asked to keep families in Texas in your prayers.

Mayor Reyes shared he has nothing to report from the meetings he attended. He encouraged everyone to follow the stadium pages to keep up to date with events happening.

I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores announced that the city is now working from zoom and will be livestreaming on the city Facebook page simultaneously. He provided updates on several projects within the city.

J. PRESENTATIONS
None.

K. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:14 p.m.

Mayor Reyes closed public comment at 7:16 p.m.
12 City Council Minutes
Regular Meeting
May 25, 2022
4 L. CONSENT CALENDAR

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

2. Approval of renewal of agreement between the cities of Adelanto and Victorville to extend current traffic signal and street lighting maintenance for five years.

3. Consideration of Approving Resolution No. 22-33 Amending the Adopted Operating Budget for Fiscal Year 2021-2022.

RESOLUTION NO. 21-33

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING THE
ADOPTED OPERATING BUDGET FOR FISCAL YEAR 2022/23

4. Approval of 2nd Reading of Ordinance No. 630 entitled:

ORDINANCE NO.630
`

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, AMENDING CHAPTER 10.24 OF THE

ADELANTO MUNICIPAL CODE RELATING TO SPEED LIMITS ON CITY

STREETS

5. Approve Resolutions 22-27, 22-28 And 22-29 Related to the Levy and Collections of Assessments for The Adelanto Landscape Maintenance Assessment District No. 1 for the Fiscal Year 2022-2023 (FY 2022/2023)
RESOLUTION NO. 22-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO,

CALIFORNIA, FOR THE PRELIMINARY APPROVAL OF THE
ENGINEER’S ANNUAL REPORT REGARDING THE

ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. 01; AND THE LEVY AND COLLECTION OF

ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL
YEAR 2022-2023
13 City Council Minutes
Regular Meeting
May 25, 2022
5 RESOLUTION NO. 22-28

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION

TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED TO THE
ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL YEAR 2022-2023
RESOLUTION NO. 22-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF

ASSESSMENTS FOR THE ADELANTO LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL
YEAR 2022-2023, AND ORDERING THE PREPARATION OF AN
ENGINEER’S REPORT IN CONNECTION THEREWITH

6. Approve Resolutions 22-30, 22-31, And 22-32 Related to the Levy and Collections of Assessments for the Adelanto Streetlight Maintenance Assessment District No. 1 for the Fiscal Year 2022-2023 (FY 2022/2023).

RESOLUTION NO. 22-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, FOR
THE PRELIMINARY APPROVAL OF THE ENGINEER’S ANNUAL

LEVY REPORT REGARDING THE ADELANTO STREETLIGHT
MAINTENANCE ASSESSMENT DISTRICT NO. 01; AND THE LEVY

AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2022-2023
RESOLUTION NO. 22-31

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION

TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED TO THE
ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL YEAR 2022-2023
RESOLUTION NO. 22-32

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, INITIATING PROCEEDINGS

FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE ADELANTO 14 City Council Minutes
Regular Meeting
May 25, 2022
6 STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL YEAR 2022-2023, AND ORDERING THE PREPARATION OF AN ENGINEER’S

REPORT IN CONNECTION THEREWITH

7. Approval of Warrant:
a. Approval of City of Adelanto Warrant, 21/22-11-02- 146886 through 147091 in the total amount of $3,400,867.15.
b. Approval of City of Adelanto EFT – N/A
Roll Call Vote:

Council Member Evans: Yes, on all but item #3 is a no
Council Member Jeannette: Yes
Council Member Jones: Yes
Mayor Pro Tem Ramos: Yes
Mayor Reyes: Yes
Motion carried 5-0 (Council Members Evans yes on all but item #3 is a no, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).

M. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

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

2. Receive and file Water Department Report.

3. Receive and file Sewer Department Report.

Roll Call Vote:

Council Member Evans: Yes
Council Member Jeannette: Yes
Council Member Jones: Yes
Council Member Ramos: Yes
Council Member Reyes: Yes
Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
15 City Council Minutes
Regular Meeting
May 25, 2022
7 N. PUBLIC HEARING

1. PUBLIC HEARING – RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION OF CHAPTER 9.110 TO THE ADELANTO MUNICIPAL CODE FOR A NOISE CONTROL

ORDINANCE (CITY ATTORNEY)
RECOMMENDATION: Staff recommends that the City Council adopt proposed Ordinance No. 631, also referred to as “Noise Control”, designed to limit the adverse effects of unwanted and intrusive noises within the City of Adelanto (“City”). This Ordinance will create criteria and procedures for the measuring of sound levels in accordance with various zoning areas, as well as penalties for noise level violations pursuant to the Adelanto Municipal Code. It shall take effect thirty (30) days after passage.

ORDINANCE NO. 631

AN ORDINANCE OF THE CITY COUNCIL, OF THE

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

ADELANTO MUNICIPAL CODE REGULATING NOISE LEVELS
City Attorney Daams presented the staff report.

Mayor Reyes opened public comment at 7:55 p.m.

Diana spoke about the noise level at the park. She spoke about code enforcement overtime to handle.

Magda spoke against enforcement of the ordinance.

Mayor Reyes closed public comment at 8:03 p.m.

Council Member Evans spoke against the daytime hour’s enforcement.

Council Member Jeannette requested it be revised and brought back for safety of code.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to adopt proposed Ordinance No. 631, also referred to as “Noise Control”, designed to limit the adverse effects of unwanted and intrusive noises within the City of Adelanto (“City”). This Ordinance will create criteria and procedures for the measuring of sound levels in accordance with various zoning areas, as well as penalties for noise level violations pursuant to the Adelanto Municipal Code. It shall take effect thirty (30) days after passage.
16 City Council Minutes
Regular Meeting
May 25, 2022
8 Roll Call Vote:

Evans: No
Jeannette: No
Jones: Yes
Ramos: Yes
Reyes: Yes
Motion carried 3-2 (Council Member Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes, Council Members Evans and Jeannette voting no).

O. NEW BUSINESS

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

CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY BODIES UNDER GOVERNMENT CODE SECTION 54953(e). (CITY ATTORNEY) RECOMMENDATION: It is staff's recommendation that the City Council adopt and approve the attached resolution, permitting the City conduct public meetings for all public bodies subject to the Brown Act in accordance with the requirements of Government Code Section 54953(e), which will require reauthorization every (thirty) 30 days.

RESOLUTION NO. 22-35

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL

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

AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY

COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM MAY 25, 2022, THROUGH JUNE 24, 2022,

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

Mayor Reyes opened public comment at 8:11 p.m.

Diana spoke about one council member who sounds like they are out at an event during the meeting. She shared that residents want the city to be opened.

Magda shared she is unhappy, and no one follows the Brown Act.

Mayor Reyes closed public comment at 8:15 p.m.
17 City Council Minutes
Regular Meeting
May 25, 2022
9 MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to adopt and approve the attached resolution, permitting the City conduct public meetings for all public bodies subject to the Brown Act in accordance with the requirements of Government Code Section 54953(e), which will require reauthorization every (thirty) 30 days.

Roll Call Vote:

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

2. CONSIDERATION OF APPROVING AMENDMENT NO. 26 TO THE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE SHERIFF’S DEPARTMENT TO PROVIDE CITY LAW ENFORCEMENT SERVICES FOR FISCAL YEAR 2022-2023 IN THE AMOUNT OF $7,042,015 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT– (ANGEL/DERIK)
RECOMMENDATION: It is recommended that the City Council approve Amendment No. 26 to the agreement with the County of San Bernardino for the Sheriff’s Department to provide City law enforcement services for Fiscal Year 2021-2022 in the amount of $7,042,015 and authorize the City Manager to execute the amendment.

Senior Accountant Despain presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 8:38 p.m.

Diana asked if GEO was still subsidizing the contract.

Magda shared that George Ramirez is outstanding.

Mayor Reyes closed public comment at 8:44 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve Amendment No. 26 to the agreement with the County of San Bernardino for the Sheriff’s Department to provide City law enforcement services for Fiscal Year 2021-2022 in the amount of $7,042,015 and authorize the City Manager to execute the amendment. 18 City Council Minutes
Regular Meeting
May 25, 2022
10 Roll Call Vote:

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

3. PROPOSED RESOLUTION APPROVING UTILITY EASEMENT AGREEMENT FOR THE DURATION OF A VERIZON LEASE AT 11720 BARTLETT AVE, ADELANTO,

CALIFORNIA (BRIAN/CITY ATTORNEY)
RECOMMENDATION: Approval of the attached resolution which grants a utility easement to Verizon for the duration of the existing lease.

RESOLUTION NO. 22-26

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

SAN BERNARDINO, CALIFORNIA, APPROVING AN UTILITY EASEMENT AGREEMENT FOR THE DURATION OF A VERIZON LEASE AT 11720 BARTLETT AVE, ADELANTO, CALIFORNIA.

City Engineer Wolfe presented the staff report.

Mayor Reyes opened public comment at 8:54 p.m.

Mayor Reyes closed public comment at 8:55 p.m.

Discussion ensued regarding the item.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve Resolution No. 22-26 which grants a utility easement to Verizon for the duration of the existing lease. .

Roll Call Vote:

Council Member Evans: Yes
Council Member Jeannette: Yes
Council Member Jones: Yes
Mayor Pro Tem Ramos: Yes
Mayor Reyes: Yes
Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
19 City Council Minutes
Regular Meeting
May 25, 2022
11 4. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-34 APPROVING A HOTEL TRANSIENT OCCUPANCY TAX REBATE INCENTIVE PROGRAM. (CITY ATTORNEY/DR. GIL KEINAN)
RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 22-34 approving a Hotel Transient Occupancy Tax (TOT) Rebate Incentive Program to aid in attracting investment and assisting in the development of hotels in the city.

RESOLUTION NO. 22-34

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

OF SAN BERNARDINO, CALIFORNIA, APPROVING A HOTEL TRANSIENT

OCCUPANCY TAX REBATE INCENTIVE PROGRAM
The City Attorney presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 9:10 p.m.

Mayor Reyes closed public comment at 9:10 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeanette to adopt Resolution No. 22-34 approving a Hotel Transient Occupancy Tax (TOT) Rebate Incentive Program to aid in attracting investment and assisting in the development of hotels in the city.

Roll Call Vote:

5. ADOPT SAFE ROUTES TO SCHOOL PLAN FOR THREE SCHOOLS BY RESOLUTION. (BRIAN)
RECOMMENDATION: It is recommended that the City Council Adopt City Council Resolution No. 22-36, approving the Safe Routes to Schools Plan.

RESOLUTION NO. 22-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO

ADOPTING THE FINAL ADELANTO SAFE ROUTES TO SCHOOL PLAN FOR

THREE SCHOOLS
City Engineer Wolfe presented the staff report.
20 City Council Minutes
Regular Meeting
May 25, 2022
12 Mayor Reyes opened public comment at 9:15 p.m.

Diana spoke about the safe routes to school and thanked Engineer Wolfe. She spoke about middle school on Aster.

Mayor Reyes closed public comment at 9:18 p.m.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jeanette to adopt City Council Resolution No. 22-36, approving the Safe Routes to Schools Plan.

Roll Call Vote:

P. ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 8, 2022, at 7:00 pm.

There being no further business to discuss the Chair adjourned the meeting at 9:21 p.m.

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

Roll Call Vote:

Council Member Evans: Yes
Council Member Jeannette: Yes
Council Member Jones: Yes
Mayor Pro Tem Ramos: Yes
Mayor Reyes: Yes
Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
21 1

MINUTES OF THE

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
June 2, 2022
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Special Meeting on Thursday, June 2, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 10:09 a.m.

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

Absent: Mayor Pro Tem Ramos
Invocation: Council Member Jeannette
Flag Salute: Council Member Jones
B. DELETIONS / ADDITIONS TO AGENDA
None.

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

Roll Call Vote:

Mayor Pro Tem Ramos joined the meeting at 10:19 a.m.
22 City Council Minutes
Special Meeting
June 2, 2022
2 D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

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

Two cases
City Attorney Marc Tran announced the closed session item.

E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM
Mayor Reyes opened public comment at 10:12 a.m.

Diana Esmeralda asked why the Mayor Pro Tem wasn’t noted as absent when it’s 12 minutes into the meeting. She spoke about concern for the environment.

Citizen shared he agrees with Diana and the council needs to listen.

Lee spoke about the special meetings happening. He shared his disappointment with the council and the special meetings taking place.

Mayor Reyes closed public comment at 10:20 a.m.

F. CONVENE INTO CLOSED SESSION
Mayor Reyes convened into closed session at 10:21 a.m.

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

Roll Call Vote:

H. CLOSED SESSION REPORT
City Attorney Marc Tran stated the council was given a report and there was no final action taken.

I. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 11:47 a.m.

Diana Esmeralda asked for clarification on when the meetings would be held in person. She spoke about cannabis policies.

A resident shared her concerns about the meeting being held for hours that most of the community works.

Mayor Reyes closed public comment at 11:52 a.m.

J. PUBLIC HEARING

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

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

Planning Manager Dave presented the staff report.

Marc Blodgett, CEQA representative spoke on the item.

Further discussion ensued regarding the project.
24 City Council Minutes
Special Meeting
June 2, 2022
4 Mayor Reyes opened public comment at 11:58 a.m.

Anna Gonzales representing The Center for Community Action and Environmental justice shared her concerns regarding an EIR report not taking place. She had further questions regarding the project.

Mitchell, an attorney representing the Southwest Carpenters Union shared concerns regarding the project.

Diana Esmeralda shared her concerns that the project exploits the environment and the residents of Adelanto.

An Adelanto resident shared concerns regarding the project.

Eddie Torres shared his concerns regarding the project as well.

An Adelanto resident shared her concerns regarding the project also.

Abel, a resident, had questions regarding not being able to see the council on the screen. He shared his concerns regarding the project as he lives in the vicinity.

Lee shared his concerns regarding the project as well.

Miguel Soto shared the same concerns as brought up by previous residents.

Marvin Norman shared his concerns also.

Mayor Reyes closed public comment at 12:24 p.m.

Further discussion ensued.

Marc Blodgett, CEQA representative, spoke about some of the concerns that were brought up.

MOTION: Moved by Council Member Jeannette, seconded by Council Member Jones to DENY THE APPEAL and APPROVE/ADOPT the Initial Study/Mitigated Negative Declaration (IS/MND) for Conditional Use Permit 21-04, Location and Development Plan 21-03 & Tentative Parcel Map 20437 and adopt Council Resolution No. 22-21 (Attached as Exhibit A) adopting the findings and approving/adopting the IS/MND for Conditional Use Permit 21-04, Location and Development Plan 21-03 & Tentative Parcel Map 20437, a 15-acre site located on Auburn Avenue, between Montezuma Street and Jonathan Street in the Airport Development District (ADD) zone in the City of Adelanto, California (APN’s: 0459-053-70, 71, 72 &74).

Roll Call Vote:

Council Member Evans: No
Council Member Jeannette: Yes
25 City Council Minutes
Special Meeting
June 2, 2022
5 Council Member Jones: Yes
Mayor Pro Tem Ramos: Yes
Mayor Reyes: Yes
Motion carried 4-1 (Council Members Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Evans no).

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

APPROVAL/ADOPTION OF THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT 21-16 & LOCATION AND DEVELOPMENT PLAN 21-14 (DAVE/JIM)
RECOMMENDATION: Staff recommends that the City Council, DENY THE APPEAL and APPROVE/ADOPT the Initial Study/Mitigated Negative Declaration (IS/MND) for Conditional Use Permit 21-16 and Location and Development Plan 21-14 and adopt Council Resolution No. 22-22 (Attached as Exhibit A) adopting the findings and approving/adopting the IS/MND for Conditional Use Permit 21-16 and Location and Development Plan 21-14, a 3.03-acre site located at the West side of Koala Road midway between Rancho Road and Violet Road in the Manufacturing Industrial (MI) zoning district in the City of Adelanto, California (APN: 3210-631- 14).

Planning Manager Dave presented the staff report.

Mayor Reyes opened public comment at 1:11 p.m.

Diana Esmeralda spoke about the water being stolen from the fire hydrant by the companies.

Mitchell spoke about the project underestimating the emissions.

Lee spoke about questions being avoided regarding CEQA.

Ms. Miramontes thanked Evans for asking questions that were impactful.

Eddie Torres asked for input from all the other council members instead of the same two that always comment.

Angel Esparza agreed with the previous residents.

Mayor Reyes closed public comment at 1:26 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos. to DENY THE APPEAL and APPROVE/ADOPT the Initial Study/Mitigated Negative Declaration (IS/MND) for Conditional Use Permit 21-16 and Location and Development Plan 21-14 and adopt Council Resolution No. 22-22 (Attached as Exhibit A) adopting the findings and approving/adopting the IS/MND for Conditional Use Permit 21-16 and Location and Development Plan 21-14, a 3.03-acre 26 City Council Minutes
Special Meeting
June 2, 2022
6 site located at the West side of Koala Road midway between Rancho Road and Violet Road in the Manufacturing Industrial (MI) zoning district in the City of Adelanto, California (APN: 3210-631- 14).

Roll Call Vote:

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

K. ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 8, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 1:29 p.m.

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

Roll Call Vote:

Council Member Evans: Yes
Council Member Jeannette: Yes
Council Member Jones: Yes
Mayor Pro Tem Ramos: Yes
Mayor Reyes: Yes
Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
27 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
June 8, 2022
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Regular Meeting on Wednesday, June 8, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the closed session at 6:00 p.m.

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

Invocation: Pastor Owens
Flag Salute: Mayor Pro Tem Ramos
B. DELETIONS / ADDITIONS TO AGENDA
None.

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

Roll Call Vote:

Council Member Evans: Yes
Council Member Jeannette: Yes
Council Member Jones: Yes
Mayor Pro Tem Ramos: Yes
Mayor Reyes: Yes
Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
28 City Council Minutes
Regular Meeting
June 8, 2022
2 D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, subdivision (d)(4) (one potential case)
City Attorney Marc Tran announced the closed session item.

E. CONVENE INTO CLOSED SESSION
Mayor Reyes convened into closed session at 10:21 a.m.

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

Roll Call Vote:

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

F. CALL TO ORDER - REGULAR MEETING
Mayor Reyes called to order the special meeting at 11:46 a.m.

G. CLOSED SESSION REPORT
City Attorney Marc Tran stated the council was given a report and there was no final action taken.

H. CITY COUNCIL ANNOUNCEMENTS AND REPORT
Council Member Evans thanked IT and thanked the Sheriff’s Department for taking her on a ride along.

Council Member Jeannette shared she is excited to be back in person. She spoke about meetings that she attended. She reminded everyone that August 20, 222 is Saturday Night Under the Stars at 29 City Council Minutes
Regular Meeting
June 8, 2022
3 the stadium.

Mayor Pro Tem Ramos shared that he is thankful for the Sheriff’s Captain and that he wanted to let them know that he saw two deputies playing basketball with some kids on the street, so he wanted to give a shout out.

Mayor Reyes thanked the interpreting services for the help. He shared he attended a meeting with the JPA and there are some changes coming. He shared additional meetings he attended. He spoke about complaints he has received from residents.

I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores provided an update on various projects throughout the city. He announced that Marconi Park has been completed.

J. PRESENTATIONS
None.

K. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:13 p.m.

Diana Esmeralda shared she is excited to be in person. She shared her concern of the park on Chamberlain and the construction that is going on and she doesn’t understand how the cost is $2.8 million dollars.

Eddie spoke about the water in Adelanto. He shared he had a report regarding the water and that there are numerous residents who are having issues with the water in Adelanto.

Estella Armenta shared the same concerns regarding water.

Veronica shared that she has sediment in her water which is getting into her food when she is rinsing fruits and vegetables.

Joaquin Castillos discussed the environment and how important it is.

Lizbeth A. announced the Coalition on Immigration is hosting a legal clinic for residents.

Dr. James Owens shared he is hosting an event called “Hope for America” and is working with other pastors to do a city-wide crusade at the stadium.

Ms. Ramsey shared that the trash that was being spoken about earlier, that it’s coming from residents not from the construction. She shared that she would love to see things for the kids to do 30 City Council Minutes
Regular Meeting
June 8, 2022
4 at the stadium.

Mr. Brown shared he submitted an RFP, and he is still waiting after 6 months to open the Glasper Center.

Resa spoke about the importance of an EIR. She spoke about the cannabis project.

Mr. Ramsey spoke about Marconi Park and is there a timetable for a community center there.

Mayor Reyes closed public comment at 8:10 p.m.

L. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the consent calendar as presented with items #5 and #6 being pulled by Evans for discussion.

2. Approval of Resolution 22-43 of the City of Adelanto, calling and giving notice of the holding of a General Municipal Election for certain officers. Requesting consolidation of such Election with the County of San Bernardino, adopting regulations for candidates for Elective Office for such Election regarding Candidate Statements, and providing for the determination of tie votes.

RESOLUTION NO. 22-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, (1) CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS; (2) REQUESTING CONSOLIDATION OF

SUCH ELECTION WITH THE COUNTY OF SAN BERNARDINO WITH ANY AND ALL ELECTIONS HELD ON SUCH DATE; (3) REQUESTING THE COUNTY OF

SAN BERNARDINO TO PROVIDE SPECIFIC ELECTION ADMINISTRATION SERVICES FOR SUCH ELECTION; (4) ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE FOR SUCH ELECTION REGARDING CANDIDATE STATEMENTS; AND (5) PROVIDING FOR THE DETERMINATION

OF TIE VOTES BY LOT UNLESS THE CITY COUNCIL ADOPTS THE PROVISIONS OF ELECTIONS CODE SECTION 15651(b) PRIOR TO THE CONDUCT OF THE

ELECTION RESULTING IN THE TIE VOTE

3. Approval to adopt Resolution No. 22-44 approving and adopting the FY22-23 salaries and benefits between the City of Adelanto and the Management employee group for the period of July 1, 2022, to June 30, 2025.
31 City Council Minutes
Regular Meeting
June 8, 2022
5 RESOLUTION NO. 22-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ADELANTO ESTABLISHING THE SALARIES AND

BENEFITS FOR THE MANAGEMENT EMPLOYEES OF

THE CITY

4. Approval to adopt Resolution No. 22-45 approving and adopting the FY22-23 salaries and benefits between the City of Adelanto and the Confidential/Professional employee group for the period of July 1, 2022, to June 30, 2025.

RESOLUTION NO. 22-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO ESTABLISHING THE SALARIES AND BENEFITS FOR

THE CONFIDENTIAL/PROFESSIONAL EMPLOYEES OF THE CITY

5. Approve adopt Resolution No. 22-46 approving and adopting the Memorandum of Understanding (“MOU”) between the City of Adelanto and California Teamsters Local 911, representing the Adelanto General Employees Unit (“Teamsters”) for the period July 1, 2022, to June 30, 2025.

RESOLUTION NO. 22-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

APPROVING AND ADOPTING A MEMORANDUM OF
UNDERSTANDING WITH CALIFORNIA TEAMSTERS LOCAL 911,
REPRESENTING THE ADELANTO GENERAL EMPLOYEES’ UNIT

6. Approval of 2nd Reading of Ordinance No. 631 entitled:

ORDINANCE NO. 631

AN ORDINANCE OF THE CITY COUNCIL, OF THE

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

ADELANTO MUNICIPAL CODE REGULATING NOISE LEVELS
Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting).
32 City Council Minutes
Regular Meeting
June 8, 2022
6 M. PUBLIC HEARING

1. PUBLIC HEARING – SIDEWALK VENDING ORDINANCE DISCUSSION (CITY

ATTORNEY)
RECOMMENDATION: Staff recommends that the City Council: Introduce and waive first reading of the proposed Ordinance adding Chapter 5.82 “Sidewalk Vendors” to Title 5 of the Adelanto Municipal Code to establish a sidewalk vending program in compliance with SB 946.

ORDINANCE NO. 632

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, CALIFORNIA ADDING CHAPTER 5.82
“SIDEWALK VENDORS” TO TITLE 5 (BUSINESS LICENSES

AND REGULATIONS) OF THE ADELANTO MUNICIPAL

CODE TO ESTABLISH A SIDEWALK VENDING PROGRAM IN
COMPLIANCE WITH SENATE BILL 946
City Attorney Marc Tran presented the staff report.

Discussion ensued regarding the item.

The Sheriff’s Department was available to assist with questions regarding trespassing.

Mayor Reyes opened the public comment at 9:46 p.m.

Diana Esmeralda shared that the vendors are trying to make some money and feed their families. She shared that Adelanto is one of the starkest food deserts. She shared there is a lot of cannabis growing but no food.

Resa thanked the council for the discussion. She shared that she enjoys the food trucks coming into the city as it’s been interesting and revitalizing things in the community.

Shad Boyd advocates not eating at the food truck.

Miguel Soto shared this ordinance would hurt low-income families in the community.

Melissa shared the same concerns that Miguel Soto brought up.

Mayor Reyes closed public comment at 10:03 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos. to Introduce and waive 33 City Council Minutes
Regular Meeting
June 8, 2022
7 first reading of the proposed Ordinance adding Chapter 5.82 “Sidewalk Vendors” to Title 5 of the Adelanto Municipal Code to establish a sidewalk vending program in compliance with SB 946 to amend the closing time to 11:00 p.m. and the additional changes noted by the City Attorney.

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

2. PUBLIC HEARING – Code Amendment No. 22-02 /Ordinance No. 627 Adoption – Proposal to retitle and amend, in its entirety Section 17.20.080 (Second Units) of Chapter 17.20 (Residential Districts) of Title 17 of the Adelanto Municipal Code to update the City’s accessory dwelling unit and junior accessory dwelling unit regulations so that such regulations are consistent with Government Code Sections 65852.2 and 65852.22. (CITY ATTORNEY/ DAVE)
RECOMMENDATION: Introduce First Reading of Ordinance 627 and its Exhibit C (collectively referred to as the “Ordinance”) to adopt findings and approve Code Amendment 22-02 to retitle and amend, in its entirety Section 17.20.080 (Second Units) of Chapter 17.20 (Residential Districts) of Title 17 of the Adelanto Municipal Code in order to update the City’s accessory dwelling unit and junior accessory dwelling unit regulations so that such regulations are consistent with Government Code Sections 65852.2 and 65852.22.

Schedule the second reading and adoption of Ordinance 627 for the next regular council meeting.

ORDINANCE NO. 627

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RETITLING AND AMENDING, IN ITS ENTIRETY, SECTION 17.20.080 (SECOND UNITS) OF CHAPTER 17.20 (RESIDENTIAL DISTRICTS) OF TITLE 17 (ADELANTO

ZONING ORDINANCE) OF THE ADELANTO MUNICIPAL CODE IN ORDER TO UPDATE THE CITY’S ACCESSORY DWELLING UNIT AND JUNIOR

ACCESSORY DWELLING UNIT REGULATIONS SO THAT SUCH

REGULATIONS ARE CONSISTENT WITH GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 AND FINDING THAT THIS ORDINANCE IS

STATUTORILY EXEMPT FROM CEQA PURSUANT TO PUBLIC
RESOURCES CODE SECTION 21080.17
The City Attorney presented the staff report.

Mayor Reyes opened the public comment at 10:30 p.m.

Diana Esmeralda spoke about a website called strongtowns.org that goes through a lot of planning. She shared that it has breakdowns regarding revenues from paving roads and other things like that.

Miguel Soto shared he hopes this was a learning opportunity for staff to be held accountable.

Mayor Reyes closed public comment at 10:34 p.m.
34 City Council Minutes
Regular Meeting
June 8, 2022
8 MOTION: Moved by Mayor Reyes, seconded by Council Member Evans. to Introduce First Reading of Ordinance 627 and its Exhibit C (collectively referred to as the “Ordinance”) to adopt findings and approve Code Amendment 22-02 to retitle and amend, in its entirety Section 17.20.080 (Second Units) of Chapter 17.20 (Residential Districts) of Title 17 of the Adelanto Municipal Code in order to update the City’s accessory dwelling unit and junior accessory dwelling unit regulations so that such regulations are consistent with Government Code Sections 65852.2 and 65852.22.

Schedule the second reading and adoption of Ordinance 627 for the next regular council meeting.

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

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos. to take a recess for 5 minutes and return at 10:45 p.m.

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

3. PUBLIC HEARING – OPEN A PUBLIC HEARING AND APPROVE
RESOLUTIONS 22-37 AND 22-38 RELATED TO THE LEVY AND

COLLECTIONS OF ASSESSMENTS FOR THE ADELANTO LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2022-2023 (FY 2022/2023).

RECOMMENDATION: Open a Public Hearing and approve Resolutions 22-37 and 22-38 as presented for the Adelanto Landscape Maintenance Assessment District No. 1 for the Fiscal Year 2022-2023 (FY2022/2023).

RESOLUTION NO. 22-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, APPROVING THE ENGINEER’S REPORT FOR THE
ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO.
01, FOR FISCAL YEAR 2022-2023.

AND
RESOLUTION NO. 22-38

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

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS RELATED TO THE ADELANTO LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL YEAR 2022- 2023.

Senior Accountant Despain presented the staff report.
35 City Council Minutes
Regular Meeting
June 8, 2022
9 Mayor Reyes opened public comment at 12:33 a.m.

Diana Esmeralda shared that she thinks it's important and great. She shared that she isn’t seeing a lot of the taxes and assessments that residents are receiving, the residents aren’t seeing the maintenance being done.

Lee shared that this meeting is too long, and it should be closed.

Mayor Reyes closed public comment at 12:37 a.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to open a Public Hearing and approve Resolutions 22-37 and 22-38 as presented for the Adelanto Landscape Maintenance Assessment District No. 1 for the Fiscal Year 2022-2023 (FY2022/2023) Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

4. PUBLIC HEARING – OPEN A PUBLIC HEARING AND APPROVE RESOLUTIONS 22- 37 AND 22-38 RELATED TO THE LEVY AND COLLECTIONS OF ASSESSMENTS FOR THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2022-2023 (FY 2022/2023). (ANGEL/SENIOR ACCOUNTANT

DESPAIN)
RECOMMENDATION: Open a Public Hearing and approve Resolutions 22-37 and 22-38 as presented for the Adelanto Landscape Maintenance Assessment District No. 1 for the Fiscal Year 2022-2023 (FY2022/2023).

RESOLUTION NO. 22-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, APPROVING THE ENGINEER’S REPORT FOR THE
ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL YEAR 2022-2023.

AND
RESOLUTION NO. 22-40

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

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS RELATED TO THE ADELANTO STREETLIGHT
MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL YEAR 2022-2023.

Senior Accountant Despain presented the staff report.

Mayor Reyes opened public comment at 12:45 a.m.
36 City Council Minutes
Regular Meeting
June 8, 2022
10 Diana Esmeralda started to speak about the previous item. The City Attorney Marc Tran reminded the speaker that she needs to speak on the current item. Diana asked when the maintenance was going to take place.

Mayor Reyes closed public comment at 12:47 a.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans open a Public Hearing and approve Resolutions 22-37 and 22-38 as presented for the Adelanto Landscape Maintenance Assessment District No. 1 for the Fiscal Year 2022-2023 (FY2022/2023).

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

N. NEW BUSINESS

1. CONSIDERATION OF THE FISCAL YEAR 2022-2023 PROPOSED BUDGET FOR CITY

FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES PROVIDED BY THE SAN

BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE PROPOSED BUDGET. (ANGEL/SENIOR ACCOUNTANT

DESPAIN)
RECOMMENDATION: It is recommended that the City Council approve the Fiscal Year 2022-2023 (FY22/23) proposed budget for City fire protection and emergency medical services provided by the San Bernardino County Fire Protection District and authorize the City Manager to execute the contract amendment and proposed budget.

Senior Accountant Despain presented the staff report.

Chief Corbin was available for questions.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 11:03 p.m.

Diana Esmeralda had questions about purchasing a firetruck recently. She asked the Council to negotiate contracts.

Mayor Reyes closed public comment at 11:07 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos. to approve the Fiscal Year 2022-2023 (FY 22/23) proposed budget for City fire protection and emergency medical services provided by the San Bernardino County Fire Protection District and authorize the City Manager to execute the contract amendment and proposed budget. 37 City Council Minutes
Regular Meeting
June 8, 2022
11 Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

2. CONSIDERATION OF APPROVING CITY MEMBERSHIP IN HIGH DESERT CORRIDOR JOINT POWERS AGENCY – (CITY ATTORNEY – ARTHUR SOHIKIAN,

EXECUTIVE DIRECTOR OF THE HIGH DESERT CORRIDOR JPA, AND LAURA

JACOBSEN, DEPUTY COUNTY COUNSEL FOR COUNTY OF LOS ANGELES) RECOMMENDATION: Staff recommends the City Council discuss and consider adoption of Resolution No. 22-41, approving membership in the High Desert Corridor Joint Powers Agency (the “Agency”).

RESOLUTION NO. 22-41

A RESOLUTION OF THE CITY OF ADELANTO APPROVING THE HIGH

DESERT CORRIDOR JOINT POWERS AGENCY BETWEEN THE CITY OF

ADELANTO, COUNTY OF LOS ANGELES, LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY, CITY OF

VICTORVILLE, CITY OF LANCASTER, CITY OF PALMDALE, AND CITY

OF APPLE VALLEY
The City Attorney presented the staff report.

Arthur, Executive Director of the High Desert Corridor JPA, provided additional information regarding the project. He presented a video to provide an overview of the item.

Discussion ensued regarding the item.

Mayor Reyes opened the public comment at 11:38 p.m.

Diana Esmeralda spoke about what the city is going to get out of this. 760-76 spoke against the item as it would cause more traffic on 395 and about the noise that it’s going to bring.

Miguel Soto stated it’s a nice project but shared the same sentiments as the previous callers.

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

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to discuss and consider adoption of Resolution No. 22-41, approving membership in the High Desert Corridor Joint Powers Agency (the “Agency”).
38 City Council Minutes
Regular Meeting
June 8, 2022
12 Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

3. ADOPT RESOLUTION OF PROJECT LIST FOR FISCAL YEAR 2022-23 FUNDED BY SB1: ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (BRIAN) RECOMMENDATION: Approve Resolution 22-42, Adopting the SB-1 Funded Capital Projects List.

RESOLUTION NO. 22-42
Resolution Adopting a list of projects for Fiscal Year 2022-23 funded by SB 1: The Road Repair and Accountability Act of 2017
City Engineer Wolfe presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 12:08 p.m.

Mayor Reyes closed public comment at 12:08 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans. to approve Resolution 22-42, Adopting the SB-1 Funded Capital Projects List.

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

4. REPORT OF ORGANIZATIONS POTENTIALLY ELIGIBLE FOR FIREWORKS STANDS. (NYEKA/NYESHA)
RECOMMENDATION: Request the Council approve and determine eligibility for organizations potentially eligible for Fireworks stands.

City Engineer Wolfe
Discussion ensued regarding the item.

Mayor Reyes opened public comment at 12:13 p.m.

Diana Esmeralda shared there is no cleanup after the fireworks. She shared that fireworks are not really enforced.

Mayor Reyes closed public comment at 12:17 p.m.

Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve and determine 39 City Council Minutes
Regular Meeting
June 8, 2022
13 eligibility for organizations potentially eligible for Fireworks stands.

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

O. ITEMS REMOVED FROM THE CONSENT CALENDAR

RESOLUTION NO. 22-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,

APPROVING AND ADOPTING A MEMORANDUM OF
UNDERSTANDING WITH CALIFORNIA TEAMSTERS LOCAL 911,

REPRESENTING THE ADELANTO GENERAL EMPLOYEES UNIT
Finance Director Castellanos explained this item.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve item #5.

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

6. Approval of 2nd Reading of Ordinance No. 631 entitled:

ORDINANCE NO. 631

AN ORDINANCE OF THE CITY COUNCIL, OF THE

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

ADELANTO MUNICIPAL CODE REGULATING NOISE LEVELS
MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to table item #6 for a future date uncertain.

Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
40 City Council Minutes
Regular Meeting
June 8, 2022
14 P. FUTURE AGENDA ITEMS
MOTION: Moved by Council Member Evans, seconded by Mayor Reyes to bring back the RFP’s for the community buildings.

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

Council Member Evans asked that staff work on creating a policy regarding vacant landowners and trash on property.

MOTION: Moved by Council Member Evans, seconded by Mayor Reyes to have staff work on creating a policy regarding vacant land owners and trash on the property.

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

Council Member Evans asked for the City Managers Evaluation to be agendized.

MOTION: Moved by Council Member Evans, seconded by Mayor Pro Tem Ramos to have City Managers Evaluation agendized.

Motion carried 3-2 (Council Member Evans, Jones, Mayor Pro Tem Ramos voting yes, Jeannette and Mayor Reyes voting no).

Council Member Evans asked for the Branding of Vehicles, Geo Presentation and Landlord Tenant Issues.

MOTION: Moved by Council Member Evans, seconded by Mayor Pro Tem Ramos to provide an update on the branding of the city vehicles, that GEO comes and gives a presentation on the timeline for when they are planning on paving their portion of Rancho, and discussion item to determine the process for landlord / tenant issues.

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

Mayor Reyes asked the food truck Ordinance to be brought back for consideration.

MOTION: Moved by Mayor Reyes seconded by Mayor Pro Tem Ramos to bring back a food truck ordinance.

Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor 41 City Council Minutes
Regular Meeting
June 8, 2022
15 Reyes voting yes).

Q. ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 22, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 1:03 a.m.

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

Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
42 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
June 22, 2022
A. CALL TO ORDER – REGULAR MEETING
The Adelanto City Council held the Regular Meeting on Wednesday, June 22, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to regular meeting to order at 7:00 p.m.

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

Invocation: Council Member Jones
Flag Salute: Mayor Pro Tem Ramos
B. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans thanked FTP for the amazing second annual Juneteenth event they put on at Sunset Park. She spoke about finding out about the Officer involved shooting via social media and would like future incidents to be reported immediately to Council.

Council Member Jeannette thanked IT for their work. She spoke about meetings that she attended.

She thanked Tino from the streets department for his work regarding flooded driveways.

Council Member Jones echoed the same sentiment as Evans regarding the Officer incident.

Mayor Pro Ramos announced that July 20th at 10 a.m., there is an event at the stadium being held by Danny Boy Gonzalez for school supplies for youth.

Mayor Reyes spoke about the California League of Cities and the Joshua trees.

C. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores shared he did not have any details regarding the Officer incident but was notified that there is a new procedure where the Department of Justice investigates these types of incidents. He provided updates on various projects throughout the city. 43 City Council Minutes
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June 22, 2022
2 D. PRESENTATIONS
None.

E. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:21 p.m.

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

F. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the consent calendar as presented with items #6 and #7 being pulled by Evans for discussion. 1) Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council. 2) Consideration and approval of a 30-Day Resolution regarding the conduct of Teleconferenced Meetings of the City Council and other City Bodies Under Government Code Section 54953(E).

RESOLUTION NO. 22-48

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

OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY,

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

TELECONFERENCE MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND

ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM JUNE 22, 2022, THROUGH JULY 22, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)
3) Receive and File Cannabis Department Report.
4) Consideration of Resolution No. 22-47 to continue the budget for the Fiscal Year commencing July 1, 2021, and ending June 30, 2022.

RESOLUTION NO. 22-47
44 City Council Minutes
Regular Meeting
June 22, 2022
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY

OF SAN BERNARDINO, CALIFORNIA, ADOPTING A RESOLUTION TO CONTINUE THE BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2021, AND ENDING JUNE 30, 2022.
5) Approval of 2nd Reading of Ordinance No. 627 entitled:

ORDINANCE NO. 627

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNIA, RETITLING AND AMENDING, IN ITS ENTIRETY, SECTION 17.20.080 (SECOND UNITS) OF CHAPTER 17.20 (RESIDENTIAL DISTRICTS) OF TITLE 17 (ADELANTO ZONING ORDINANCE) OF THE ADELANTO MUNICIPAL CODE IN ORDER TO UPDATE THE CITY’S

ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT

REGULATIONS SO THAT SUCH REGULATIONS ARE CONSISTENT WITH GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 AND FINDING THAT

THIS ORDINANCE IS STATUTORILY EXEMPT FROM CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17
6) Approval of 2nd Reading of Ordinance No. 631 entitled:

ORDINANCE NO. 631

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

ADELANTO MUNICIPAL CODE REGULATING NOISE LEVELS
7) Approval of 2nd Reading of Ordinance No. 632 entitled:

ORDINANCE NO. 632

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA ADDING CHAPTER 5.82 “SIDEWALK VENDORS” TO TITLE 5 (BUSINESS LICENSES AND REGULATIONS) OF THE ADELANTO MUNICIPAL

CODE TO ESTABLISH A SIDEWALK VENDING PROGRAM IN COMPLIANCE WITH SENATE BILL 946
8) Approve Amendment Number 5 to Waste Disposal Agreement No. 04-321 Amending the Section 4.2 With San Bernardino County and Authorize the City Manager to Sign and execute the Contract.
9) Approval of Warrant:

A. Approval of City of Adelanto Warrant, 21/22-12-02- 147092 through 147211 in the 45 City Council Minutes
Regular Meeting
June 22, 2022
4 total amount of $3,954,381.19.

B. Approval of City of Adelanto EFT – N/A
Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes). To approve the consent calendar as presented with items #6 and #7 being pulled by Evans for discussion.

City Attorney Chris presented the staff report on both items #6 and #7.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to approve items #6 and #7 as presented.

Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting).

G. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

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

2. Consideration of Resolution No. 22-02 to continue the Budget for the APUA Fiscal Year

3. Commencing July 1, 2021, and ending June 30, 2022.

RESOLUTION NO. 22-02

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADELANTO PUBLIC UTILITY

AUTHORITY ADOPTING A RESOLUTION TO CONTINUE THE BUDGET FOR THE APUA FISCAL YEAR COMMENCING JULY 1, 2021, AND ENDING JUNE 30, 2022

4. Receive and file a Water Department Report.

5. Receive and file Sewer Department Report.

Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
46 City Council Minutes
Regular Meeting
June 22, 2022
5 H. APUA - PUBLIC HEARING

1. PUBLIC HEARING – OPEN A PUBLIC HEARING AND ADOPT RESOLUTION 22-03

PROVIDING FOR THE COLLECTION OF WATER AND SEWER STANDBY FEES BY

THE COUNTY TAX COLLECTOR AT THE SAME TIME AS AND TOGETHER WITH THE GENERAL TAXES OF THE CITY. (DERIK)
RECOMMENDATION: Open a Public Hearing and adopt Resolution No. 22-03 approving the report and placing Water and Sewer Standby Fees on the tax roll for collection by the County for Fiscal Year 2022-2023.

RESOLUTION NO. 22-03

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

PROVIDING FOR THE COLLECTION OF WATER AND SEWER STANDBY FEES BY THE

COUNTY TAX COLLECTOR AT THE SAME TIME AS AND TOGETHER WITH THE GENERAL TAXES OF THE CITY.

Senior Accountant Despain presented the staff report.

Mayor Reyes opened public comment at 7:03 p.m.

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

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to Open a Public Hearing and adopt Resolution No. 22-03 approving the report and placing Water and Sewer Standby Fees on the tax roll for collection by the County for Fiscal Year 2022-2023.

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

I. NEW BUSINESS

1. APPROVE AMENDMENT NO. 3 TO TKE ENGINEERING, INC.’S (TKE)

PROFESSIONAL ENGINEERING SERVICES CONTRACT TO EXTEND THE TERM OF THE AGREEMENT AND MODIFY THE NOT TO EXCEED AMOUNT TO BE PAID. (ANGEL)
RECOMMENDATION: Staff recommends the City Council approve amendment No. 3 to TKE’s professional engineering contract to extend the term of the agreement and modify the amount of compensation paid.

Finance Director Castellanos presented the staff report. 47 City Council Minutes
Regular Meeting
June 22, 2022
6 Engineer Wolfe was available for questions.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 8:19 p.m.

Caller 378 spoke on a previous item and was informed by the City Attorney the comments are for this item only at this time.

Mayor Reyes closed public comment at 8:21 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve an amendment No. 3 to TKE’s professional engineering contract to extend the term of the agreement and modify the amount of compensation paid.

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

2. APPROVE AMENDMENT NO. 4 TO PACIFIC CODE COMPLIANCE LLC’S (PCC)

PROFESSIONAL SERVICES CONTRACT TO EXTEND THE TERM OF THE AGREEMENT AND SET “NOT TO EXCEED” AMOUNT OF COMPENSATION TO BE PAID. – (ANGEL)
RECOMMENDATION: Staff recommends the City Council approve an amendment to Pacific Code Compliance, LLC’s professional services contract to extend the term of the agreement and modify the amount of compensation paid.

Finance Director Castellanos presented the staff report.

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

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

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

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

3. CONSIDERATION OF AMENDMENT NO.4 TO THE PROFESSIONAL SERVICES

AGREEMENT WITH ANESE & ASSOCIATES LLC TO EXTEND THE CONTRACT

TERM ON A MONTH-TO-MONTH BASIS FOR PERIOD NOT TO EXCEED A TOTAL OF SIX MONTHS – (ANGEL)
48 City Council Minutes
Regular Meeting
June 22, 2022
7 RECOMMENDATION: Staff recommend the City Council approve an amendment No. 4 to Anese & Associates LLC professional services contract to extend the term of the agreement and modify the amount of compensation paid.

Council Member Castellanos presented the staff report.

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

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

Jaime was available for questions.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve an amendment No. 4 to Anese & Associates LLC professional services contract to extend the term of the agreement and modify the amount of compensation paid.

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

4. CONSIDERATION AND ADOPTION OF A RESOLUTION AUTHORIZING A

PROCEDURE FOR DONATIONS TO NONPROFIT ORGANIZATIONS FROM THE ADELANTO COMMUNITY BENEFIT CORPORATION. (CITY ATTORNEY) RECOMMENDATION: Staff recommends that the City Council approve and adopt Resolution No. 22-49 authorizing the donations from the Adelanto Community Benefit Corporation (ACBC) to nonprofit organizations to provide financial assistance to community service organizations and nonprofit corporations.

The City Attorney presented the staff report.

Mayor Reyes opened public comment at 8:57 p.m.

A resident shared that they are happy to see all working together. They shared that they are disappointed in Claude Crumley with his comments.

Claude shared he wanted on the record he is tired of the racist attacks from the cronies.

Mayor Reyes closed public comment at 8:59 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve and adopt Resolution No. 22-49 authorizing the donations from the Adelanto Community Benefit Corporation (ACBC) to nonprofit organizations to provide financial assistance to community service organizations and nonprofit corporations.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting). 49 City Council Minutes
Regular Meeting
June 22, 2022
8 O. PUBLIC COMMENT
Mayor Reyes opened the public comment at 9:00 p.m.

Caller eighty-nine shared that she has listened for a few years to the council meetings and that the comments made to the black council members were wrong and the council needs to stand up for black people.

Caller 378 shared her concerns regarding the comment as well.

Claude shared that the members missed the statement by Council Member Jones' statement about being upset about the vending taking place. He stated it is not a racial thing and it need to not be called that.

Diana Esmeralda shared that residents are calling her to report what was said to Council Member Evans that was derogatory towards women and people of color. She talked about shifting culture.

Lee spoke about the comment as well.

Andrea spoke about the comment and shared she is disturbed by the colorful speeches. She shared just because there is a disagreement does not mean that you have the right to pull the ethnic, gender or racial card.

Mayor Reyes closed public comments at 9:17 p.m.

P. FUTURE AGENDA ITEMS
Council Member Jeannette asked that staff check into the supplies that the city is being double charged for.

MOTION: Moved by Council Member Jeannette, seconded by Mayor Reyes to have staff prepare a report regarding being double charged for supplies.

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

Council Member Evans shared she learned of a grant for water reclamation and asked the City Manager to investigate it. City Manager Flores stated this is already in the works and is Purple Pipe.

Council Member Jones asked for information regarding code compliance for commercial properties.
50 City Council Minutes
Regular Meeting
June 22, 2022
9 Q. ADJOURNMENT
The next Regular Meeting of the City Council will be held on July 13, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 9:26 p.m.

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

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
July 13, 2022
A. CALL TO ORDER – REGULAR MEETING
The Adelanto City Council held the Regular Meeting on Wednesday, June 13, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular meeting at 7:02 p.m.

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

Mayor Pro Tem Ramos arrived at 7:04 p.m.

Invocation: Council Member Jeannette
Flag Salute: Council Member Jones
B. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
City Manager Flores shared that Marconi Park is complete and the ribbon cutting will take place the second week of August or sooner. He announced the approval of a million-dollar park funded by the State Grant Project that will be located at the intersection of Jonathan and Chamberlain. He announced that a chain link perimeter fence was recently installed at the city owned property located at the northwest intersection of Mojave and Pearmain. It was installed due to neighbor complaints and to mitigate safety. He thanked the staff for their work.

C. CITY COUNCIL ANNOUNCEMENTS AND REPORT
Council Member Evans spoke about unsettling comments that happened at the last meeting. She spoke about racism and stated she felt offended. She shared that this is the second consecutive meeting that there has been no closed session and that was the opportunity to do the city manager evaluation. She announced that they raised $30,000 from the fireworks stand.

Council Member Jeannette discussed the VVTA meeting she attended. She announced the retirement BBQ being held for Chief Corbin.

Council Member Jones spoke about the chain link fence that City Manager Flores shared and asked that the location be monitored once school starts.
52 City Council Minutes
Regular Meeting
July 13, 2022
2 Mayor Pro Tem Ramos spoke about the San Bernardino County Museum and what a great experience he had and encouraged everyone to visit.

Mayor Reyes spoke about Chief Corbin’s retirement.

D. PRESENTATIONS
Deputy Torres was recognized for his heroic lifesaving actions and was presented with a proclamation.

E. PUBLIC COMMUNICATIONS
Mayor Reyes opened the public comment at 7:32 p.m.

Mr. West spoke about the June 22nd shooting stating there was no information on who it was. He would like an accountability board.

Bill Thomas spoke about being deeply offended by what Evans stated. He spoke about it all being disrespectful.

Diana Esmeralda spoke about walking her dog here, living here, and frequents all the meetings. She spoke about being disrespected by Claude Crumley. She wanted to float the idea of a subcommittee.

She shared that she supports Evans.

Resa shared that the young people of Adelanto know what is going on even though they are not present at the meeting. He spoke about standing up for people when necessary.

Russell spoke in favor of Council Member Evans. He shared that the council needs to demonstrate compassion.

Shad Boyd spoke about the trunk or treat and wanted to confirm he could still use the stadium for the last Saturday before Halloween. He shared that the Crumley family are a good family and that what Evans is saying about her being black and them being white is racist.

Ella Meyer spoke in favor of Evans and that the comments made to her were unacceptable.

Pastor Riley asked about the recent shooting and what was going on. He spoke about the city being divided then how they can stand together.

Nia Ricks recently met with Evans and spoke about experiencing racism. She spoke about the mall being shot up and the skating rink shot up. She shared that there is nothing for the kids to do.

Tywann spoke about having issues with the City Manager and Code Enforcement regarding his property he is living at. He shared his frustrations with his complaint not being addressed. 53 City Council Minutes
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July 13, 2022
3 Delores Williams spoke about millionaire kids. She shared that Black women need to be stood up for. Women are being attacked and they will not tolerate an attack on Black women.

Taisha Brown spoke about resigning from the planning commission. She does feel that she should not have been treated like that.

Eddie Torres spoke about racism as a public health crisis. He spoke about working for the Inland Coalition for American Justice and hosting rallies.

Basil Kimbrew apologized that these things happened to Taisha and Evans.

Kim representing Ni Kay Progressives from Los Angeles spoke in support of Evans.

Cari Hibbler shared her concerns regarding a speed limit sign not being posted on Fremontia Street.

Heather Gaines spoke about being in support of Evans. She shared that she is offended regarding the comment made about the truckers meeting that is being referred to as white supremacy, she shared that she is not racist. She shared that women in general need to stand their ground and protect themselves.

Melva Davis spoke about background and needing to honor each other. She spoke about teaching children to love each other early.

Debra spoke about wanting to see some action. She spoke in favor of Evans.

Barbara spoke in favor of Evans. She spoke about what was wrong with the question that was asked to Evans.

Alex spoke in favor of Evans and shared how disappointed she is in the attacks being taken on her.

Andrea Crumley spoke about Taisha Brown falsely accusing the residents and an ongoing investigation from the Democratic Party.

Mayor Reyes closed public comment at 8:34 p.m.

Mayor Reyes opened public comments at 9:31 p.m. for a missed speaker card.

Mr. Mcgee spoke about a young man that was shot in the city and there is no information available.

He spoke about the roads in the city being in disrepair.

Mayor Reyes closed public comments at 9:34 p.m.
54 City Council Minutes
Regular Meeting
July 13, 2022
4 F. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented with items #4 being pulled by the public, item #5 being pulled by Council Member Evans for discussion. Evans also requested item #2 being tabled for a future agenda. 1) Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council. 2) Approval of Meeting Minutes:
● June 9, 2021 – Regular
● June 23, 2021 – Regular
● July 14, 2021 – Regular
● July 28, 2021 – Regular
● August 11, 2021 – Regular
● August 18, 2021 – Special
● August 25, 2021 – Regular
3) Consideration and approval of a 30-Day Resolution regarding the conduct of Teleconferenced Meetings of the City Council and other City Bodies Under Government Code Section 54953(E).

RESOLUTION NO. 22-50

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL

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

TELECONFERENCE MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND

ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM JULY 13, 2022, THROUGH AUGUST 12, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e) 4) Approval of an Agreement with the Barstow Humane Society to provide animal sheltering and related services for a three-year term and authorize the City Manager to execute the Agreement.
5) Approval of 2nd Reading of Ordinance No. 631 entitled:

ORDINANCE NO. 631

AN ORDINANCE OF THE CITY COUNCIL, OF THECITY OF ADELANTO, SAN 55 City Council Minutes
Regular Meeting
July 13, 2022
5 BERNARDINO COUNTY, STATE OF CALIFORNIA, ADDING CHAPTER 9.110 (NOISE CONTROL) TO TITLE 9 (PUBLIC PEACE, SAFETY AND MORALS) OF THE ADELANTO

MUNICIPAL CODE REGULATING NOISE LEVELS
6) Approval of 2nd Reading of Ordinance No. 632 entitled:

ORDINANCE NO. 632

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA ADDING CHAPTER 5.82 “SIDEWALK VENDORS” TO TITLE 5 (BUSINESS LICENSES AND REGULATIONS) OF THE ADELANTO

MUNICIPAL CODE TO ESTABLISH A SIDEWALK VENDING PROGRAM
IN COMPLIANCE WITH SENATE BILL 946
Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting) . (With items #4 being pulled by the public, item #5 being pulled by Council Member Evans for discussion. Evans also requested item #2 being tabled for a future agenda.

G. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

2. Approval of AMI Smart Meter Infrastructure.

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

H. PUBLIC HEARING

1. PUBLIC HEARING – GENERAL PLAN AMENDMENT NO. 21-03 (GPA 21-03), (SECOND GPA of 2022) ZONE CHANGE NO. 21-03 (ZC 21-03), AND LOCATION & DEVELOPMENT PLAN NO. 21-33 (LDP 21-33), – Argies West, Inc., Proposal for a General Plan Amendment and Zone Change to change the General Plan and Zoning Designation from Single Family Residential (R-S5) to Medium Density Residential (R3-8) in order to accommodate the uses proposed, and a Location & Development Plan to construct 38 one story 56 City Council Minutes
Regular Meeting
July 13, 2022
6 apartment units with on-site amenities and dedicate right-of-way on a 4.67-acre site located on the northwest corner of Holly Road and Delicious Ave. in the City of Adelanto, California (APN’s: 3128-201 -17). (DAVE/JIM)
RECOMMENDATION: Staff recommend that the City Council
● Approve Council Resolution 22-19, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the Argies West, Inc. project pursuant to the California Environmental Quality Act (CEQA).
● Approve Council Resolution 22-20, to adopt the findings and approve General Plan Amendment No. 21-03 to change the General Plan Map Land Use Designation on the property from Single Family Residential (R-S5) to Medium Density Residential (R3-8) (Second First Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No. LDP 21-33 for the site layout; adopt findings and dedicate right-of-way;
● Introduce First Reading of Ordinance 628 to adopt findings and approve Zone Change No. 21-03 to change the property Zoning Designation from Single Family Residential (RS5) to Medium Density Residential (R3-8). ● Schedule the second reading and adoption of Ordinance 628 for the next regular council meeting.

RESOLUTION NO. 22-19

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

SAN BERNARDINO, CALIFORNIA ADOPTING THE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR THE PROPOSED ARGIES WEST, INC. PROJECT LOCATED ON A 4.67-ACRE SITE AT THE NWC OF HOLLY ROAD AND DELICIOUS AVE. IN THE CITY OF ADELANTO, CALIFORNIA (APN: 3128-201-17) AND MAKING

FINDINGS IN SUPPORT THEREOF
AND
RESOLUTION NO. 22-20

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 21-03 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM SINGLE FAMILY RESIDENTIAL (R-S5) TO MEDIUM DENSITY RESIDENTIAL (R3-8) ON THE GENERAL PLAN LAND

USE AND ZONING MAP AND APPROVE LOCATION AND
DEVELOPMENT PLAN NO. 21-33, TO CONSTRUCT A MEDIUM DENSITY

RESIDENTIAL DEVELOPMENT AND DEDICATE RIGHT-OF-WAY FOR A

4.67-ACRE SITE LOCATED AT THE NWC OF HOLLY ROAD AND
DELICIOUS AVE. IN THE CITY OF ADELANTO, CALIFORNIA (APN: 3128- 57 City Council Minutes
Regular Meeting
July 13, 2022
7 201-17) AND MAKING FINDINGS IN SUPPORT THEREOF (SECOND

AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT FOR THE
YEAR.)
AND
ORDINANCE NUMBER 628

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING ZONE CHANGE NO. 21-03 CHANGING THE ZONE ON THE GENERAL

PLAN LAND USE MAP AND ZONING MAP FROM SINGLE FAMILY
RESIDENTIAL (R-S5) TO MEDIUM DENSITY RESIDENTIAL (R3-8) TO

FACILITATE A MEDIUM DENSITY RESIDENTIAL DEVELOPMENT FOR A

4.67-ACRE SITE LOCATED AT THE NWC OF HOLLY ROAD AND
DELICIOUS AVE IN THE CITY OF ADELANTO, CALIFORNIA (APN: 3128- 201-17) AND MAKING FINDINGS IN SUPPORT THEREOF
Planner Hirsch presented the staff report.

The applicant was available for discussion.

Mayor Reyes opened the public comment at 9:09 p.m.

Diana Esmeralda spoke about the need to change the zoning which does not conform to the general plan. She spoke about it being out in the middle of the desert and about CEQA.

Resa spoke in favor of the project and shared that she thinks it is a strong family-oriented plan.

Mayor Reyes closed public comment.

Further discussion ensued regarding the project.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to Approve Council Resolution 22-19, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the Argies West , Inc. project pursuant to the California Environmental Quality Act (CEQA); Approve Council Resolution 22-20, to adopt the findings and approve General Plan Amendment No. 21-03 to change the General Plan Map Land Use Designation on the property from Single Family Residential (R-S5) to Medium Density Residential (R3-8) (Second First Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No. LDP 21-33 for the site layout; adopt findings and dedicate right-of-way; Introduce First Reading of Ordinance 628 to adopt findings and approve Zone Change No. 21-03 to change the property Zoning Designation from Single Family Residential (R-S5) to Medium Density Residential (R3-8); Schedule the second reading and adoption of the Ordinance 628 for the next regular council meeting.
58 City Council Minutes
Regular Meeting
July 13, 2022
8 Motion carried 4-1 (Council Members Jeannette, Jones, Mayor Pro Tem Ramos and Mayor Reyes voting, Council Member Evans voting no).

I. NEW BUSINESS
Mayor Reyes broke for recess at 9:34 p.m.

Mayor Reyes reconvened the meeting at 9:40 p.m.

1. RECOMMEND AWARD OF CONTRACT FOR PLANNING SUPPORT SERVICES. (ANGEL)
RECOMMENDATION: Staff recommends City Council award the Planning Support Services contract to Infrastructure Engineers (IE) in the amount of $750,000.

Finance Director Castellanos presented the staff report.

Mayor Reyes opened public comment at 10:05 p.m.

Diana Esmeralda spoke about reaching out to the Employment Development Department.

IB Developer is concerned about changing contractors and it will slow development.

Mayor Reyes closed public comment at 10:08 p.m.

The applicant was available for questions.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to award the Planning Support Services contract to Infrastructure Engineers (IE) in the amount of $750,000.

Reverse Roll Call:

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

2. RECOMMEND AWARD OF CONTRACT FOR CITY BUILDING AND SAFETY SERVICE. – (ANGEL)
RECOMMENDATION: Staff recommend the City Council award the City Building and Safety Services contract to Infrastructure Engineers (IE) in the amount of $750,000. 59 City Council Minutes
Regular Meeting
July 13, 2022
9 Finance Director Castellanos presented the staff report.

Mayor Reyes opened the public comment at 10:39 p.m.

Crystal shared she works on behalf of a builder and works with the city department and feels the change will cause a delay for current projects.

A citizen shared her approval of hiring city residents for the positions.

Mayor Reyes closed public comment at 10:43 p.m.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to award the City Building and Safety Services contract to Infrastructure Engineers (IE) in the amount of $750,000.

Reverse Roll Call:

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

3. RECOMMEND AWARD OF CONTRACT FOR CITY BUILDING AND SAFETY SERVICE. – (ANGEL)
RECOMMENDATION: Staff recommends the City Council award the As-Needed Engineering Support Services contract to T.R. Holliman and Associates, Inc. in the amount of $250,000, and Infrastructure Engineers (IE) in the amount of $250,000. (ANGEL) Finance Director Castellanos presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 11:02 p.m.

Thomas asked the council to think about the people that are going to be losing their jobs.

Mayor Reyes closed public comment at 11:03 p.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to award the As-Needed Engineering Support Services contract to T.R. Holliman and Associates, Inc. in the amount of $250,000, and Infrastructure Engineers (IE) in the amount of $250,000. (ANGEL) 60 City Council Minutes
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July 13, 2022
10 Reverse Roll Call:

4. DESIGNATION OF VOTING DELEGATE AT THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE. (BRENDA/JESSIE)
RECOMMENDATION: That the City Council pick a Delegate and Alternate for the League of California Cities Annual Conference.

City Clerk Lopez presented the staff report.

Mayor Reyes opened public comment at 11:16 p.m.

Mayor Reyes closed public comment at 11:17 p.m.

MOTION: Moved by Council Member Jeannette, seconded by Council Member Jones to have the mayor be the delegate and Mayor Pro Tem be the alternate for the League of California Cities Annual Conference.

Reverse Roll Call:

4. Approval of an Agreement with the Barstow Humane Society to provide animal sheltering and related services for a three-year term and authorize the City Manager to execute the Agreement.

Finance Director Castellanos answered Council Member Evans' questions. Further discussion ensued.

Mayor Reyes opened public comment at 11:26 p.m.

Citizen Heather shared that she helps with animal rescues in her own time and money, and she does not understand why there is not more money allotted for animal services.

Mayor Reyes closed public comment at 11:27 p.m.

MOTION: Moved by Council Member Jeannette, seconded by Council Member Jones to approval of an Agreement with the Barstow Humane Society to provide animal sheltering and related services for a three-year term and authorize the City Manager to execute the Agreement.

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

5. Approval of 2nd Reading of Ordinance No. 631 entitled:

ORDINANCE NO. 631

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

MUNICIPAL CODE REGULATING NOISE LEVELS
Council Member Evans had questions regarding the item.

Further discussion ensued.

MOTION: Moved by Council Member Jeannette, seconded by Council Member Jones to approve the 2nd Reading of Ordinance No. 631 with the modification as requested.

Reverse Roll Call:

Mayor Reyes: Yes
Mayor Pro Tem Ramos: Yes
Council Member Jones: Yes
Council Member Jeannette: Yes
Council Member Evans: Yes
62 City Council Minutes
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12 Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

R. ITEMS REMOVED FROM THE APUA CONSENT CALENDAR

2. Approval of AMI Smart Meter Infrastructure.

Finance Director Castellanos was available for questions for Council Member Evans.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approval of AMI Smart Meter Infrastructure.

Reverse Roll Call:

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

S. FUTURE AGENDA ITEMS
Mayor Pro Tem Ramos requested available jobs be posted and listed to promote local hires.

Council Member Jeannette requested to have the idea of having a shelter within the city and would like future discussion.

Council Member Evans requested a Diversity Inclusion Workshop on the agenda.

Further discussion ensued.

MOTION: Moved by Council Member Evans, seconded by Mayor Pro Tem Ramos to have a Diversity Inclusion Workshop on the agenda.

Reverse Roll Call:

Reyes: No
Ramos: Yes
Jones: No
Jeannette: No
Evans: Yes
63 City Council Minutes
Regular Meeting
July 13, 2022
13 Motion fails 3-2 (Evans and Mayor Pro Tem Ramos voting yes, Mayor Reyes voting, Mayor Reyes, Jeannette, and Jones voting no).

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to have a Diversity Inclusion discussion on the agenda.

Reverse Roll Call:

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

There being no further business the Chair adjourned the meeting at 12:09 a.m.

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

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
July 27, 2022
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Closed Meeting on Wednesday, July 27, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 6:00 p.m.

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

B. DELETIONS/ADDITIONS TO AGENDA
None.

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

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

D. ANNOUNCEMENTS OF CLOSED SESSION ITEMS

1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 –

ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO

TERMS OF AGREEMENT
Title: City Manager

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 – 65 City Council Minutes
Regular Meeting
July 27, 2022
2 CONFERENCE WITH LABOR NEGOTIATOR
City Designated Representative: Marc Tran, City Attorney Unrepresented Employee: City Manager
City Attorney Marc Tran announced closed session items.

E. CONVENE INTO CLOSED SESSION
Mayor Reyes convened the meeting into closed session at 6:05 p.m.

F. CALL TO ORDER - REGULAR MEETING
Council Member Evans, Jeannette, Jones, and Mayor Reyes.

Mayor Pro Tem Ramos arrived at 7:04 p.m.

Invocation: Council Member Jones
Flag Salute: Mayor Pro Tem Ramos
G. CLOSED SESSION REPORT
City Attorney Marc Tran stated direction was given no reportable action taken.

H. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores spoke about construction going on at Highway 395. He spoke about the refurbishing of the “Welcome to Adelanto” signs throughout the city. He announced the community wide yard sale.

I. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Mayor Reyes spoke about the delay on the construction project on Highway 395 being caused by the cost of lumber increasing. He spoke about stadium events taking place.

Mayor Pro Tem Ramos spoke about in school zones if there can be signs with bold letters that read SLOW DOWN. He asked any seniors that needed supplies to let him know. 66 City Council Minutes
Regular Meeting
July 27, 2022
3 Council Member Jones spoke about the Lewis Group project finally breaking ground on Highway 395. He shared he attended events at the stadium.

Council Member Jeannette spoke about attending events at the stadium. She spoke about working on getting shelter in the city also.

J. PRESENTATIONS

1. Presentation by the City. Council to Fire Assistant Chief Dave Corbin for his years of service.

The council thanked Chief Corbin for his service and contribution to the city.

2. Introduction of new Fire Assistant Chief Kelly Anderson.

Assistant Chief Corbin introduced Kelly Anderson.

3. Presentation by Darrel Courtney regarding the free City of Adelanto Community Day and Jazz Festival.

Mr. Keys provided the presentation.

K. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 8:34 p.m.

Ms. Esmeralda spoke about how the American Legion Women's Auxiliary is organizing a backpack giveaway. She shared that Crazy K9’s Rescue is asking for donations. She spoke about a beautification project.

Mr. Hunter spoke about serving the community for years and would like Ammie to be able to continue use of the city building.

Magda congratulated Chief Corbin and new Chief Kelly. She thanked Angelo Meza for what he has done for the youth in the community.

Heather Gaines congratulated both fire chiefs also.

Mayor Reyes closed public comment at 8:47 p.m.
67 City Council Minutes
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July 27, 2022
4 L. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the consent calendar as presented with items #4 being pulled by Council Member Council Member Evans, and item #7 is a no for Council Member Council Member Evans. and Diana Esmeralda requested warrant #147284 be pulled for discussion.
1) Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council. 2) Approval of Meeting Minutes:
● June 9, 2021 – Regular
● June 23, 2021 – Regular
● July 14, 2021 – Regular
● July 28, 2021 – Regular
● August 11, 2021 – Regular
● August 18, 2021 – Special
● August 25, 2021 – Regular
3) CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING

THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY BODIES UNDER GOVERNMENT CODE SECTION 54953(e) RESOLUTION NO. 22-54

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL

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

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY

COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM JULY 27, 2022, THROUGH AUGUST 26, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER
GOVERNMENT CODE SECTION 54953(e)
4) Consideration, Approval and Adoption of Resolution Dissolving Cannabis Dispensary Permit Committee Established by Resolution 17-12
RESOLUTION NO. 22-53

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, DISSOLVING THE
68 City Council Minutes
Regular Meeting
July 27, 2022
5 CANNABIS DISPENSARY PERMIT COMMITTEE ESTABLISHED BY
RESOLUTION NO. 17-12
5) Receive and File Burrtec 2nd Quarter Report.
6) Receive and File Burrtec Monthly Report. (May)
7) Approval of 2nd Reading of Ordinance No. 628 entitled:

ORDINANCE NUMBER 628

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, APPROVING ZONE CHANGE NO. 21-03

CHANGING THE ZONE ON THE GENERAL PLAN LAND USE

MAP AND ZONING MAP FROM SINGLE FAMILY RESIDENTIAL
(R-S5) TO MEDIUM DENSITY RESIDENTIAL (R3-8) TO

FACILITATE A MEDIUM DENSITY RESIDENTIAL
DEVELOPMENT FOR A 4.67-ACRE SITE LOCATED AT THE

NWC OF HOLLY ROAD AND DELICIOUS AVE IN THE CITY OF
ADELANTO, CALIFORNIA (APN: 3128-201-17) AND MAKING

FINDINGS IN SUPPORT THEREOF
8) Approval of Warrant:
a. Approval of City of Adelanto Warrant, 22/23-01-02- 147212 through 147357 in the total amount of $2,150,284.36.
b. Approval of City of Adelanto EFT No. 1608 through 1651 in the total amount of $822, 846.23.

Motion carried with the following vote 5-0 with Council Member Jeannette, Jones Mayor Por Tem, Mayor Reyes voting yes, and items #4 being pulled by Council Member Council Member Evans, and item #7 is a no for Council Member Council Member Evans. and Diana Esmeralda requested warrant #147284 be pulled for discussion.

M. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the Adelanto Public Utility Authority consent calendar as presented. 69 City Council Minutes
Regular Meeting
July 27, 2022
6 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 Water Department Report.

3. Receive and File Sewer Department Report.

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

O. PUBLIC HEARING

1. PUBLIC HEARING – GENERAL PLAN AMENDMENT NO. GPA 21-02, ZONING CHANGE NO. ZC 21-02, CONDITIONAL USE PERMIT NO. CUP 21- 20, and LDP NO. 21-20 - Proposal to amend the General Plan Land Use and Zoning Map to adopt a project-specific Solar Energy Overlay Zone, approve a conditional use permit to allow a solar use in the Desert Living 2.5, Desert Living 5, Light Manufacturing Cannabis Only and Open Space zoning districts, and approve a site layout to facilitate the development of a 150 -megawatt (MWAC) utility scale solar generating facility on approximately 826-acres in the Desert Living, Light Manufacturing Cannabis Only and Open Space Zoning Districts in an area located in an area generally bound by Caughlin Road to the west, Desert Flower Road to the north, Verbena Road and Hwy 395 to the East and El Mirage Road to the south. (DAVE/JIM) RECOMMENDATION: Staff recommend that the City Council:
● Approve Council Resolution 22-24, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the Silver Peak Energy, LLC project pursuant to the California Environmental Quality Act (CEQA).
● Approve Council Resolution 22-25, to adopt the findings and approve General Plan Amendment No. 21-02 to change the General Plan Map Land Use Designation on the property by adopting a Solar Energy Conversion System Overlay Zone in the GeneralPlan Land Use Map and Zoning Map specific to the Silver Peak Solar Project, approving Location and Development Plan No. 21-20, and
● Approving Conditional Use Permit No. 21-20 allowing the Silver Peak Energy Solar Project (Third) Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No. LDP 21-20 for the site layout; adopt findings and dedicate right-of-way.
● Introduce First Reading of Ordinance 629 to adopt findings and approve Zone Change No. 21-02 to add a Solar Energy Conversion System (“SECS”) Overlay Zone in a certain 70 City Council Minutes
Regular Meeting
July 27, 2022
7 portion of the City generally bounded by Caughlin Road to the West, Desert Flower Road to the North, Verbena Road and Hwy 395 to the East and El Mirage Road to the south to accommodate the proposed Silver Peak Solar Project.
● Schedule the second reading and adoption of Ordinance 629 for the next regular council meeting.

RESOLUTION NO. 22-24

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

COUNTY OF SAN BERNARDINO, CALIFORNIA ADOPTING THE

INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR

THE PROPOSED SILVER PEAK SOLAR PROJECT
AND
RESOLUTION NO 22-25

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT NO. 21-02 ADOPTING A SOLAR

ENERGY CONVERSION SYSTEM OVERLAY ZONE IN THE GENERAL

PLAN LAND USE MAP AND ZONING MAP SPECIFIC TO THE SILVER

PEAK SOLAR PROJECT, APPROVING LOCATION AND
DEVELOPMENT PLAN NO. 21-20, AND APPROVING CONDITIONAL
USE PERMIT NO. 21-20 ALLOWING THE SILVER PEAK SOLAR
PROJECT. (THIRD AMENDMENT TO THE GENERAL PLAN LAND USE
ELEMENT FOR THE YEAR.)
AND
ORDINANCE NUMBER 629

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, APPROVING ZONE CHANGE NO. 21-02 ADOPTING A

SOLAR ENERGY CONVERSION SYSTEM OVERLAY ZONE IN THE

GENERAL PLAN LAND USE MAP AND ZONING MAP SPECIFIC TO

THE SILVER PEAK SOLAR PROJECT
Council Member Council Member Evans recused herself from the item.

Planner Jim presented the staff report.

The applicant presented a powerpoint presentation.

The council asked questions and shared thoughts.
71 City Council Minutes
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July 27, 2022
8 Mayor Reyes opened public comment at 9:24 p.m.

Diana Esmeralda shared that she was excited for the project but spoke about the project not being good for the city.

Heather shared she is super excited about the project being an energy project but was disappointed to realize how much energy will actually be going to the city.

Timothy spoke in support of this project on behalf of the IBEW.

Jason spoke in favor of the project as well on behalf of the IBEW.

Magda asked questions about the project but shared that it is a good thing for the city in her opinion.

Daniel Osborne spoke on behalf of IBEW and spoke about fulfilling positions with apprenticeships which allows people to get in the trade and take advantage of the jobs available because of this project.

Mayor Reyes closed public comment at 9:35 p.m.

Further discussion ensued regarding the project.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to Approve Council Resolution 22-24, to adopt the findings and the Initial Study (IS) and Mitigated Negative Declaration (MND) for the Silver Peak Energy, LLC project pursuant to the California Environmental Quality Act (CEQA); Approve Council Resolution 22-25, to adopt the findings and approve General Plan Amendment No. 21-02 to change the General Plan Map Land Use Designation on the property by adopting a Solar Energy Conversion System Overlay Zone in the General Plan Land Use Map and Zoning Map specific to the Silver Peak Solar Project, approving Location and Development Plan No. 21-20, and Approving Conditional Use Permit No. 21-20 allowing the Silver Peak Energy Solar Project (Third) Amendment to The General Plan Land Use Element for the Year.); adopt findings and approve Location and Development Plan No.

LDP 21-20 for the site layout; adopt findings and dedicate right-of-way; Introduce First Reading of Ordinance 629 to adopt findings and approve Zone Change No. 21-02 to add a Solar Energy Conversion System (“SECS”) Overlay Zone in a certain portion of the City generally bounded by Caughlin Road to the West, Desert Flower Road to the North, Verbena Road and Hwy 395 to the East and El Mirage Road to the south to accommodate the proposed Silver Peak Solar Project. Schedule the second reading and adoption of Ordinance 629 for the next regular council meeting.

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

Mayor Reyes broke for a short 5-minute recess.
72 City Council Minutes
Regular Meeting
July 27, 2022
9 Mayor Reyes reconvened the meeting.

Council Member Council Member Evans rejoined the meeting.

2. PUBLIC HEARING – APPROVE RESOLUTION 22-53 ORDERING THE LEVY AND COLLECTION OF ANNUAL CFD 2006-2 SPECIAL TAXES FOR FISCAL YEAR 2022-2023. (ANGEL/DERIK)
RECOMMENDATION: Approve Resolution No. 22-52 ordering the levy and collection of annual CFD 2006-2 special taxes for Fiscal Year 2022-2023 (FY 22/23) RESOLUTION NO. 22-52

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

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ANNUAL

SPECIAL TAXES RELATED TO THE CITY OF ADELANTO COMMUNITY FACILITIES DISTRICT (CFD) 2006-2 (IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2) (MANZANITA AND ESPINOZA) FOR
FISCAL YEAR 2022-2023.

Finance Director Castellanos presented the staff report.

Mayor Reyes opened public comment at 9:49 p.m.

Diana had questions regarding what projects are being funded by this special tax.

Mayor Reyes closed public comment.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to Approve Resolution No. 22-52 ordering the levy and collection of annual CFD 2006-2 special taxes for Fiscal Year 2022-2023 (FY 22/23).

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

P. NEW BUSINESS

1. RECOMMEND APPROVAL OF THE ENCROACHMENT PERMIT AGREEMENT WITH AES CORPORATION FOR THE BALDY MESA PROJECT SITE. (BRIAN) RECOMMENDATION: staff recommends the City Council approve the Encroachment Permit Agreement between the City of Adelanto and AES Corporation and authorize the City Manager to execute all stated agreements.

Council Member Council Member Evans recused herself from the item. 73 City Council Minutes
Regular Meeting
July 27, 2022
10 Brian presented the staff report.

Mayor Reyes opened public comment at 9:54 p.m.

Diana Esmeralda spoke about the mayor should understand how the FPPC works.

IB Developer is concerned about changing contractors and it will slow development.

Mayor Reyes closed public comment at 9:55 p.m.

The applicant was available for questions.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to approve the Encroachment Permit Agreement between the City of Adelanto and AES Corporation and authorize the City Manager to execute all stated agreements.

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

2. DISCUSSION ITEM REQUESTED BY COUNCIL MEMBER COUNCIL MEMBER

EVANS - MOVIES IN THE PARK TO BE FUNDED BY THE COMMUNITY BENEFIT CORPORATION. – (CITY MANAGER)
RECOMMENDATION: Staff recommends City Council discuss and provide direction to staff.

City Manager Flores presented the staff report.

The council all spoke in favor of the item.

Mayor Reyes opened the public comment at 10:03 p.m.

Diana spoke in favor of the item.

Heather spoke in favor of the item.

Mayor Reyes closed public comment at 10:08 p.m.

Further discussion ensued.

The council agreed staff will set a schedule and start working on setting movies in the park up.

3. DISCUSSION ITEM REQUESTED BY COUNCIL MEMBER COUNCIL MEMBER EVANS – COMMUNITY GARDEN – (CITY MANAGER)
RECOMMENDATION: Staff recommends City Council discuss and provide direction to 74 City Council Minutes
Regular Meeting
July 27, 2022
11 staff.

City Manager Flores presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened public comment at 10:21 p.m.

Diana spoke about having a seed bank and can assist. She spoke about having the cannabis industry help with this idea.

Heather spoke in favor of the item.

Miguel Soto spoke in favor of the item as well.

Mayor Reyes closed public comment at 10:28 p.m.

Further discussion ensued.

The council agreed to move forward with this item.

Q. ITEMS REMOVED FROM THE CONSENT CALENDAR
4) Consideration, Approval and Adoption of Resolution Dissolving Cannabis Dispensary Permit Committee Established by Resolution 17-12
RESOLUTION NO. 22-53

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, DISSOLVING THE

CANNABIS DISPENSARY PERMIT COMMITTEE ESTABLISHED BY
RESOLUTION NO. 17-12
Discussion ensued regarding the item that Council Member Council Member Evans pulled for discussion.

MOTION: Moved by Council Member Council Member Evans, seconded by Council Member Jeannette to move this item to a future agenda for closed session to have discussion on legalities.

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

Warrant #147284.
75 City Council Minutes
Regular Meeting
July 27, 2022
12 Diana Esmeralda asked how many vehicles there were. Finance Director Castellanos provided the answer of 3.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to approve warrant #147284.

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

R. FUTURE AGENDA ITEMS
Mayor Reyes asked for an update on the area of Highway 395 and Mojave. City Manager Flores stated they are in talks to repave the area and will have an update at the next meeting.

MOTION: Moved by Mayor Reyes, seconded by Council Member Council Member Evans to approval to have an update regarding the area of Highway 395 and Mojave.

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

She asked to have churches attend council meetings to do the prayer for the meeting. City Clerk Lopez said she would work on this.

Council Member Council Member Evans asked the community buildings RFP’s. City Clerk Lopez shared that they are going out on Monday for RFP.

She asked for an action item regarding the Movies in the Park.

MOTION: Moved by Council Member Council Member Evans, seconded by Mayor Reyes to bring back an action item for the Movies in the Park.

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

Mayor Pro Tem Ramos requested a discussion item on how to provide transportation to the veterans to the veteran’s hospital. Council Member Jeannette stated she would talk to the VVTA board about helping streamline the process as it’s currently an all-day process for the daily bus that does it currently.

S. PUBLIC COMMUNICATIONS
None.

T. ADJOURNMENT
76 City Council Minutes
Regular Meeting
July 27, 2022
13 The next Regular Meeting of the City Council will be held on August 10, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 10:54 p.m.

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

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
August 10, 2022
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Closed Meeting on Wednesday, August 10, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the closed session at 5:32 p.m.

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

B. DELETIONS/ADDITIONS TO AGENDA
None.

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

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

D. ANNOUNCEMENTS OF CLOSED SESSION ITEMS

1. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, subdivisions (d)(2) and (e)(2) (2 Matters)
City Attorney Marc Tran announced closed session items.

E. CONVENE INTO CLOSED SESSION
MOTION: Moved by Council Member Jeanette, seconded by Council Member Jones to convene into closed session.
78 City Council Minutes
Regular Meeting
August 10, 2022
2 Motion carried 5-0 (Council Member Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

F. CALL TO ORDER - REGULAR MEETING
Council Members present: Evans, Jeannette, Jones, and Mayor Reyes.

Invocation: Council Member Jeannette
Flag Salute: Council Member Jones
G. CLOSED SESSION REPORT
City Attorney Marc Tran stated direction was given no reportable action taken.

H. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores spoke about the Glasper Center RFP closing in the next two weeks. He spoke about the community center being vacated and going out for an RFP over the next 30 days. He spoke about the movies in the park project and the sponsors for that. He spoke about various projects and the community gardens.

I. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans thanked the city manager for getting things done in a timely manner.

Council Member Jeannette spoke about the food share happening on the last Friday of each month and it's free for anyone. She spoke about the Council of the blind. She spoke about wanting to have a no kill shelter in the city.

Mayor Pro Tem Ramos thanked the city manager, city attorney, and staff for acting quickly.

Thanked everyone for donating blood at the drive.

Mayor Reyes thanked everyone who attended the National Night Out. He shared that the meeting about the budget was great.

J. PRESENTATIONS
None.
79 City Council Minutes
Regular Meeting
August 10, 2022
3 K. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:24 p.m.

Magda gave the city manager kudos. She shared that a majority of the supplies went to everyone in need. She shared her happiness at the last meeting. She stated there is graffiti at 11109 Paso Blanco.

A resident requested that the water bills be in Spanish also.

Heather spoke about the animal shelter being a great project but is upset that the animal volunteers and rescuers are not being included.

Koray Keys spoke about the Family Day Community event. He spoke about having the high schoolers getting involved in community service by gathering trash in the city.

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

L. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to approve the consent calendar as presented with Evans being recused from item #3.

She asked for item #3 from the previous agenda that it be noted that she did not vote no but also recused herself.
1) Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council. 2) CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING

THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY BODIES UNDER GOVERNMENT CODE SECTION 54953(e) RESOLUTION NO. 22-55

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL

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

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY

COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF 80 City Council Minutes
Regular Meeting
August 10, 2022
4 ADELANTO, FOR THE PERIOD FROM AUGUST 10, 2022, THROUGH SEPTEMBER 9, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)
3) Approval of 2nd Reading of Ordinance No. 629 entitled:

ORDINANCE NUMBER 629

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING ZONE CHANGE NO. 21-02 ADOPTING A SOLAR ENERGY CONVERSION SYSTEM

OVERLAY ZONE IN THE GENERAL PLAN LAND USE MAP AND ZONING MAP

SPECIFIC TO THE SILVER PEAK SOLAR PROJECT
Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

M. NEW BUSINESS

1. CONSIDERATION OF APPROVING THE AMENDED SCHEDULE A TO THE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE SHERIFF’S

DEPARTMENT TO PROVIDE CITY LAW ENFORCEMENT SERVICES FOR FISCAL YEAR 2022-2023 IN THE AMOUNT OF $7,209,793 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT. (ANGEL)
RECOMMENDATION: It is recommended that the City Council approve the amended schedule A to the agreement with the County of San Bernardino for the Sheriff’s Department to provide City law enforcement services for Fiscal Year 2022-2023 in the amount of $167,778 and authorize the City Manager to execute the amendment.

Item removed from the agenda to a future date uncertain.

2. TRACT MAP 20504 FINAL ACCEPTANCE. (BRIAN)
RECOMMENDATION: Staff recommends the City Council receive and accept Tract Map 20504 as submitted and authorize the mayor to sign the Acceptance Certificate for Tract Map 20504 on behalf of the City Council.

Brian presented the staff report.

Mayor Reyes opened public comment at 7:40 p.m.

Magda shared it’s a great project but that the problem is there are not enough roads.

Mayor Reyes closed public comment at 7:42 p.m.
81 City Council Minutes
Regular Meeting
August 10, 2022
5 Further discussion ensued.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to receive and accept Tract Map 20504 as submitted and authorize the mayor to sign the Acceptance Certificate for Tract Map 20504 on behalf of City Council.

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

3. MOVIES IN THE PARK TO BE FUNDED BY COMMUNITY BENEFIT CORPORATION. – (CITY MANAGER)
RECOMMENDATION: Staff recommend the City Council provide budget, dates, times, and locations for movies in the park.

City Manager Flores presented the staff report.

Discussion ensued regarding the item.

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

Magda shared this was wonderful.

Heather spoke about donations that are made being verified that they are going back into the community.

Mayor Reyes closed public comment at 8:21 p.m.

Further discussion ensued.

Direction was provided to staff as follows:

Budget set at $25,000, set the schedule for September 9th, 17th, 24th, and 30th with movie start times at 7:30 p.m., locations will be Richardson, Desert Trails, Marconi, and the Stadium and movies are to be posted online for residents to vote on which movies they would like.

N. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
82 City Council Minutes
Regular Meeting
August 10, 2022
6 O. FUTURE AGENDA ITEMS
Mayor Reyes asked staff to get a 3rd party to complete a study on gathering data to determine if it is cheaper to have our own police department or stick with the Sheriff's Department.

MOTION: Moved by Mayor Reyes, seconded by Council Member Evans to hire a 3rd party to complete a study on cost for the city to have its own police department.

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

Mayor Reyes requested an ordinance or resolution regarding setting a time limit on council meetings.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jones to set up time limits for council meetings.

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

Mayor Reyes requested a translator be present at the meetings at all times.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to have a translator present at the meetings at all times.

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

P. PUBLIC COMMUNICATIONS
None.

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

There being no further business the Chair adjourned the meeting at 8:35 p.m.

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

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
_______________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
83 1

MINUTES OF THE

JOINT WORKSHOP MEETING

OF THE ADELANTO CITY COUNCIL AND

PLANNING COMMISSION
August 17, 2022
A. CALL TO ORDER – WORKSHOP
The Adelanto City Council and Planning Commission held the joint workshop meeting on Wednesday, August 17, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 5:02 p.m.

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

Absent: Jones noted as absent.

Planning Commissioners present: Soto, Meza, Vice Chair Delgado, and Chair Waggener.

Invocation: Mayor Reyes
Flag Salute: Mayor Pro Tem Ramos
B. DELETIONS/ADDITIONS TO AGENDA
None.

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

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

D. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comments at 5:04 p.m.

Mayor Reyes closed public comments at 5:05 p.m.
84 Joint Workshop Meeting
Adelanto City Council and
Planning Commission
August 17, 2022
2 E. NEW BUSINESS

1. JOINT CITY COUNCIL AND PLANNING COMMISSION PUBLIC WORKSHOP ON

THE DRAFT HOUSING ELEMENT OF THE GENERAL PLAN
RECOMMENDATION:

This Joint City Council and Planning Commission Workshop requires no formal action by either the City Council or the Planning Commission.

The Planning Staff is seeking comments from the City Council and Planning Commission on the Draft Housing Element of the General Plan which is being updated pursuant to the State Department of Housing and Community Development regulations. https://www.ci.adelanto.ca.us/DocumentCenter/View/1772/Adelanto-032-Housing-Element Marc Blodgett and Jim Hirsch presented the staff report.

Discussion ensued regarding the item.

Mayor Reyes opened the public comment at 6:10 p.m.

Magda Torrellas spoke about low-income housing and the need for road improvements, teachers, and a police department.

Heather spoke against the item. She spoke about crime rates and alternative ideas for the housing project.

Lee shared he loves the ideas but is bothered by the people talking badly about those that will be living there.

Chair Waggener closed public comment at 6:20 p.m.

Soto said there should be concern about bringing in more affordable housing and focus on preventing homelessness.

City Clerk Lopez announced that the next scheduled workshop meeting is scheduled for August 31, 2022, at 5:00 p.m.

F. ADJOURNMENT
The next Regular Meeting of the City Council will be held on August 24, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at p.m. 85 Joint Workshop Meeting
Adelanto City Council and
Planning Commission
August 17, 2022
3 MOTION: Moved by Council Member Jeannette, seconded by Mayor Pro Tem Ramos to adjourn the meeting.

Motion carried 4-1 (Evans, Jeannette, Mayor Pro Tem Ramos, and Mayor Reyes voting yes and Jones noted as absent).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
86 1

MINUTES OF THE

REGULAR AND SPECIAL CONCURRENT

MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
August 24, 2022
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Closed Meeting on Wednesday, August 24, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 5:33 p.m.

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

B. DELETIONS/ADDITIONS TO AGENDA
None.

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

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

D. ANNOUNCEMENTS OF CLOSED SESSION ITEMS

1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 –

CONFERENCE WITH LABOR NEGOTIATOR
City Designated Representative: Marc Tran, City Attorney Unrepresented Employee: City Manager
City Attorney Marc Tran announced closed session items. 87 City Council Minutes
Regular and Special Concurrent Meeting
August 24, 2022
2 E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
Mayor Reyes opened public comments at 5:34 p.m.

Mayor Reyes closed public comments at 5:34 p.m.

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

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

CLERKS NOTE – COUNCIL MEMBER EVANS ARRIVED AT CLOSED SESSION AT 5:40 P.M.

G. CALL TO ORDER - REGULAR MEETING
Council Members present: Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes.

Invocation: Council Member Jeannette.

Flag Salute: Mayor Pro Tem Ramos.

H. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores announced they attended the Lewis Group project. He spoke about the use of Marconi Park to be done through an application process. He announced the community wide yard sale. He spoke about the city signs throughout the city and the company that has been doing the work.

Mark Cudler, president of Billboard Displays provided an overview of the signage project.

I. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans shared that she went on a tour of Del Valle Community Gardens in Ontario and thanked the City Manager for setting it up.

Council Member Jeannette spoke about her upcoming meetings. 88 City Council Minutes
Regular and Special Concurrent Meeting
August 24, 2022
3 Council Member Jones thanked anyone that has had anything to do with the Lewis Group project over the years.

Mayor Pro Tem Ramos spoke about the Lewis Group having retail space available and encouraged small businesses to contact them.

Mayor Reyes spoke about how amazing the Lewis Group is. He spoke about not attacking or degrading fellow candidates for the elections.

J. PRESENTATIONS
None.

K. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 7:22 p.m.

Logan Despain thanked the council for the flashing lights on stop signs. She spoke about sex offender issues within the city while walking to school.

Monique Carrillo spoke about problems in the city and the need for change.

Mickey spoke about his time in Adelanto and spoke about problems in the city.

Luis spoke about living in other cities.

Miguel spoke about the difference between Barstow Police and the Sheriff’s department.

Magda shared that there is a need for sidewalks.

Heather spoke about dumpsters with Burrtec and doing a cleanup of the desert.

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

L. CONSENT CALENDAR

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

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. 89 City Council Minutes
Regular and Special Concurrent Meeting
August 24, 2022
4 2. Consideration And Approval of A 30-Day Resolution Regarding the Conduct of Teleconferenced Meetings of the City Council and Other City Bodies Under Government Code Section 54953(E)
RESOLUTION NO. 22-56

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL

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

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY

COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM AUGUST 24, 2022, THROUGH
SEPTEMBER 23, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)
a. Approval of City of Adelanto Warrant, 22/23-02-02- 147358 through 147504 in the total amount of $3,317,179.40
b. Approval of City of Adelanto EFT No. Warrant, 22/23-02-02- 1652 through 1657 in the total amount of $35,127.74
Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

M. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

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

2. Receive and File Water Department Report.

3. Receive and File Sewer Department Report.

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
90 City Council Minutes
Regular and Special Concurrent Meeting
August 24, 2022
5 Mayor Reyes broke for recess at 7:44 p.m.

Mayor Reyes convened the meeting at 7:50 p.m.

N. PUBLIC HEARING

1. PUBLIC HEARING – ALL AGENCY BUDGETS FOR FISCAL YEAR 2022-23. (FINANCE)
RECOMMENDATION – Staff recommends the City Council, acting as the City Council, Adelanto Community Benefit Corporation Board, and Adelanto Public Utility Authority Board, approve:

Resolution No. 22-57: Approving the Fiscal Year 2022-23 Annual Budget for the City of Adelanto and Adelanto Community Benefit Corporation.

Resolution No. 22-58: Approving the Appropriations Limit for the City of Adelanto.

Resolution No. APUA 22-04: Adopting the Fiscal Year 2022-23 Annual Budget for the Adelanto Public Utility Authority.

RESOLUTION NO. 22-57

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

OF SAN BERNARDINO, CALIFORNIA, AND THE ADELANTO COMMUNITY

BENEFIT CORPORATION, APPROPRIATING FUNDS FOR THE MUNICIPAL

GENERAL AND SPECIAL FUNDS, OTHER FUNDS BUDGET AND ADOPTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23
AND
RESOLUTION NO. 22-58

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

SAN BERNARDINO, CALIFORNIA, ADOPTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 22-23
AND
RESOLUTION NO. APUA 22-04

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADELANTO PUBLIC

UTILITY AUTHORITY APPROPRIATING FUNDS FOR THE PUBLIC UTILITY 91 City Council Minutes
Regular and Special Concurrent Meeting
August 24, 2022
6 AUTHORITY FOR FISCAL YEAR 2022-23
Senior Accountant Despain presented the staff report.

Further discussion ensued.

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

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

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve Staff recommends the City Council, acting as the City Council, Adelanto Community Benefit Corporation Board, and Adelanto Public Utility Authority Board, approve Resolution No. 22- 57: Approving the Fiscal Year 2022-23 Annual Budget for the City of Adelanto and Adelanto Community Benefit Corporation, approve Resolution No. 22-58: Approving the Appropriations Limit for the City of Adelanto, and approve Resolution No. APUA 22-04: Adopting the Fiscal Year 2022-23 Annual Budget for the Adelanto Public Utility Authority.

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

O. NEW BUSINESS

1. CITY OF ADELANTO CHRISTMAS PARADE TO BE FUNDED BY COMMUNITY BENEFIT CORPORATION. – (CITY MANAGER)
RECOMMENDATION: Staff recommend the City Council set a budget and provide direction regarding the Annual Christmas Parade.

Senior Accountant Despain presented the staff report.

Further discussion ensued.

The council agreed for a special meeting in the next week where staff will present the cost and details about the event.

Mayor Reyes opened the public comment at 8:07 p.m.

A resident spoke about his concern over the haggling that is taking place for this event.

Magda shared that this is going to be a great event once it’s up and running.

Mayor Reyes closed public comment at 8:11 p.m.

P. ITEMS REMOVED FROM THE CONSENT CALENDAR
92 City Council Minutes
Regular and Special Concurrent Meeting
August 24, 2022
7 None.

Q. FUTURE AGENDA ITEMS
Mayor Pro Tem Ramos asked for an update regarding the cannabis scholarship they spoke about a month ago.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Jones to bring back an update for the cannabis scholarship.

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

Mayor Reyes requested a meeting to determine if an ordinance or resolution can be drafted regarding razor usage in the city and child safety.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to bring back information on off-roading within residential areas for discussion.

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

Mayor Reyes spoke about having a traffic study done on streets to see if there are street signs needed at Stevens to Aster.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to bring back information on doing a traffic study regarding stop signs, speed limit signs and speed bumps for the longer streets.

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

Mayor Reyes requested a workshop for Ad Hoc committees.

MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to have a discussion regarding Ad Hoc committees.

Roll Call Vote:

Council Members Evans: Yes
Council Members Jeannette: Yes
Council Members Jones: Yes
Ramos: Yes
Reyes: Yes
93 City Council Minutes
Regular and Special Concurrent Meeting
August 24, 2022
8 Motion carried 5-0 (Council Members Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

Mayor Reyes requested an update regarding the Food Truck Ordinance.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to have the food truck ordinance brought back for discussion.

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

Mayor Reyes requested a discussion regarding the sex offenders in the area.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Mayor Pro Tem Ramos to have the food truck ordinance brought back for discussion.

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

R. PUBLIC COMMUNICATIONS
None.

S. ADJOURNMENT
The next Regular Meeting of the City Council will be held on September 14, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 8:58 p.m.

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

Motion carried 5-0 (Evans, Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
94 1

MINUTES OF THE

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
August 29, 2022
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Special Meeting on Wednesday, August 29, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 11:31 a.m.

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

Absent: Council Member Evans.

B. DELETIONS/ADDITIONS TO AGENDA
None.

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

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

D. ANNOUNCEMENTS OF CLOSED SESSION ITEMS

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

City Attorney Marc Tran announced closed session items.

E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
Mayor Reyes opened public comments at 11:32 p.m.
95 City Council Minutes
Regular Meeting
August 29, 2022
2 Diana Esmeralda spoke about the closed session item not being noticed properly.

Mayor Reyes closed public comments at 11:36 p.m.

F. CONVENE INTO CLOSED SESSION
MOTION: Moved by Mayor Reyes, seconded by Council Member Jeannette to convene into closed session.

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

G. CALL TO ORDER - SPECIAL MEETING
Council Members present: Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes.

Absent: Council Member Evans.

H. CLOSED SESSION REPORT
City Attorney Marc Tran stated direction was given and there was no reportable action taken.

I. ADJOURNMENT
The next Regular Meeting of the City Council will be held on September 14, 2022, at 7:00 pm.

There being no further business the Chair adjourned the meeting at 12:25 p.m.

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

Motion carried 4-1 (Council Member Jeannette, Jones, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Council Member Evans noted as absent). _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
96 1

MINUTES OF THE

JOINT WORKSHOP MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PLANNING COMMISSION
August 31, 2022
A. CALL TO ORDER – REGULAR MEETING
The Adelanto City Council held the Joint Workshop Meeting on Wednesday, August 31, 2022, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular closed session at 5:03 p.m.

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

Noted as absent: Jones and Mayor Reyes.

Planning Members present: Soto, Meza, Vice Chair Delgado, Chair Waggener Invocation: Council Member Jeannette
Flag Salute: Planning Commissioner Delgado
Mayor Reyes arrived at 5:04 p.m.

B. DELETIONS / ADDITIONS TO AGENDA
None.

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

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

D. PUBLIC COMMUNICATIONS
Chair Waggener opened public comment at 5:07 p.m.

Chair Waggener closed public comment at 5:07 p.m.

E. NEW BUSINESS
97 City Council Minutes
Joint Workshop Meeting
August 31, 2022
2 1. JOINT CITY COUNCIL AND PLANNING COMMISSION PUBLIC WORKSHOP

ON THE DRAFT HOUSING ELEMENT OF THE GENERAL PLAN
RECOMMENDATION:

This Joint City Council and Planning Commission Workshop requires no formal action from either the City Council or the Planning Commission. The Planning Staff is seeking comments from the City Council and Planning Commission on the Draft Housing Element of the General Plan which is being updated pursuant to the State Department of Housing and Community Development regulations. https://www.ci.adelanto.ca.us/DocumentCenter/View/1772/Adelanto-032-HousingElement Marc Blodgett presented a staff report.

Malia Durant presented a staff report.

Further discussion ensued regarding the item.

Chair Waggener opened public comment at 6:09 p.m.

Carlos Rodriguez with the BIA thanked the presenter regarding the item.

Maribel Nunez spoke about Adelanto being behind on the housing element.

Chair Waggener closed public comment at 6:17 p.m.

Further discussion ensued regarding the item.

The City Manager gave an overview of housing projects in the city.

F. ADJOURNMENT
MOTION: Moved by Commissioner Jeannette seconded by Vice Chair Delgado to adjourn the meeting at 6:22 p.m.

Motion carried 4-1 (Evans, Jeannette, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, Jones noted as absent).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
98 CITY COUNCIL AGENDA REPORT
DATE: September 13, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk
SUBJECT: MONTHLY COMMERCIAL & RESIDENTIAL SOLID WASTE AND

RECYCLING REPORT
STAFF RECOMMENDATION:

Receive and file.

ATTACHMENTS:

1. Burrtec’s Monthly Commercial and residential Solid Waste and Recycling Report 99 100
101
102
103
104
105
106
107
108
109
110
111
112
113
114

CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: September 13, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, City Engineer
SUBJECT: AWARD A CONSTRUCTION CONTRACT FOR BARTLETT AVENUE REHABILITATION AND WATER MAIN IMPROVEMENTS TO CHISTENSEN BROTHERS GENERAL ENGINEERING INC.

STAFF RECOMMENDATION:

Staff recommends City Council approve an award of construction contract agreement with Christensen Brothers General Engineering, Inc. in the amount of $4,367,030, to provide construction of Bartlett Avenue Rehabilitation Project between Adelanto Road and Lilac Road , authorizing project construction contingency in the amount of $436,703 for the construction, authorizing City Manager or designee to expend the contingency fund, if necessary to complete the project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.

BACKGROUND:

Bartlett Avenue between Adelanto Road and Lilac Road is (Attachment ‘D’) requires complete reconstruction to provide safe and efficient travel path for the residents and to upcoming developments. Also water line needs to be place to fill the missing gap in the water main. Plans and specifications were produced by Engineering Department staff.

This project was advertised with the base bid and an option of alternate bid on August 9, 2023. The City Clerk’s office received and opened six bids on August 31, 2023 which are summarized on Attachment ‘A’ and analyzed in Attachment ‘B’.

Bids were reviewed to determine if all were responsive to submittal requirements. Staff recommends award of contract for the base bid only to the lowest responsive bidder, Christensen Brothers General Engineering, Inc. for $4,367,030 to complete the project with 10% contingency spending.

FISCAL IMPACT:

There will be no impact on the General Fund of the City. This project will be paid using Measure I funds for the street rehabilitation and Water funds for the water main improvements. These will be budgeted in the forthcoming Capital Improvement Projects budget.

ATTACHMENTS:

A. City Clerk’s Bid Register
B. Bid Analysis
C. Bid Proposal
D. Location Map
115
116
BASE BID ITEMS (ITEM 1
THRU 31)

BARTLETT AVENUE
CIP 2022-02 PART 'A'
ITEM NO. BID ITEM DESCRIPTION ESTIMATED

QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization and Demobilization 1 LS $181,000.00 $181,000.00 $170,000.00 $170,000.00 $200,000.00 $200,000.00 $376,585.00 $376,585.00 $350,000.00 $350,000.00 $368,687.00 $368,687.00 2 Temporary Traffic Control and Safety 1 LS $67,000.00 $67,000.00 $80,000.00 $80,000.00 $180,000.00 $180,000.00 $225,950.00 $225,950.00 $200,000.00 $200,000.00 $189,818.00 $189,818.00 3 SWPPP, Best Management Practice and
NPDES Requirements 1 LS $24,000.00 $24,000.00 $12,500.00 $12,500.00 $15,700.00 $15,700.00 $282,200.00 $282,200.00 $60,000.00 $60,000.00 $22,470.00 $22,470.00 4 Project Sign 6 EA $1,650.00 $9,900.00 $2,600.00 $15,600.00 $2,500.00 $15,000.00 $2,160.00 $12,960.00 $3,000.00 $18,000.00 $3,200.00 $19,200.00 5 Sawcut and Remove Existing Concrete Cross
Gutter 10,000 SF $4.30 $43,000.00 $11.00 $110,000.00 $7.00 $70,000.00 $8.00 $80,000.00 $12.00 $120,000.00 $24.00 $240,000.00 6 Sawcut and Remove Existing AC Pavement,
Base, Sub Base, and Native Soil to clear depth 442,500 SF $1.73 $765,525.00 $2.15 $951,375.00 $1.80 $796,500.00 $2.40 $1,062,000.00 $3.50 $1,548,750.00 $4.60 $2,035,500.00 7 Unclassified Excavation 80 CY $137.00 $10,960.00 $175.00 $14,000.00 $50.00 $4,000.00 $52.00 $4,160.00 $350.00 $28,000.00 $391.00 $31,280.00 8 Sawcut and Remove Existing Concrete Pad
for the Bus Shelter 88 SF $137.00 $12,056.00 $14.00 $1,232.00 $19.00 $1,672.00 $21.00 $1,848.00 $130.00 $11,440.00 $91.00 $8,008.00 9 Remove, Salvage and Reinstall Existing Bus
Shelter 1 EA $6,100.00 $6,100.00 $9,000.00 $9,000.00 $5,400.00 $5,400.00 $25,000.00 $25,000.00 $11,000.00 $11,000.00 $9,420.00 $9,420.00 10 Remove Post and Salvage Sign 1 EA $290.00 $290.00 $650.00 $650.00 $100.00 $100.00 $3,050.00 $3,050.00 $100.00 $100.00 $81.00 $81.00 11 Install New Post 1 EA $290.00 $290.00 $500.00 $500.00 $320.00 $320.00 $3,500.00 $3,500.00 $400.00 $400.00 $270.00 $270.00 12 Construct Concrete Cross Gutter 10,000 SF $26.50 $265,000.00 $27.00 $270,000.00 $34.00 $340,000.00 $20.50 $205,000.00 $28.00 $280,000.00 $42.30 $423,000.00 13 Provide and Place 7"-Thick Crushed
Aggregate Base 5,009 CY $41.00 $205,369.00 $95.00 $475,855.00 $78.00 $390,702.00 $92.00 $460,828.00 $116.00 $581,044.00 $102.00 $510,918.00 14 Provide and Place 8"-Thick Crushed
Aggregate Base 5,200 CY $42.00 $218,400.00 $95.00 $494,000.00 $76.00 $395,200.00 $92.00 $478,400.00 $116.00 $603,200.00 $103.00 $535,600.00 15 Construct 2.5"-Thick AC Base Course 3,502 TON $102.00 $357,204.00 $98.00 $343,196.00 $140.00 $490,280.00 $128.00 $448,256.00 $145.00 $507,790.00 $107.00 $374,714.00 16 Construct 3.5"-Thick AC Base Course 4,452 TON $101.00 $449,652.00 $98.00 $436,296.00 $139.00 $618,828.00 $128.00 $569,856.00 $145.00 $645,540.00 $108.00 $480,816.00 17 Construct 2.5"-Thick AC Pavement 6,682 TON $107.00 $714,974.00 $110.00 $735,020.00 $145.00 $968,890.00 $130.00 $868,660.00 $136.00 $908,752.00 $112.00 $748,384.00 18 Construct Redwood Header 494 LF $19.00 $9,386.00 $27.00 $13,338.00 $18.00 $8,892.00 $16.00 $7,904.00 $28.00 $13,832.00 $39.00 $19,266.00 19 Adjust Existing Storm Drain/ Sewer/Utility
Manhole/ Vault Frames and Covers to
Finished Grade
23 EA $960.00 $22,080.00 $1,780.00 $40,940.00 $1,300.00 $29,900.00 $3,700.00 $85,100.00 $2,300.00 $52,900.00 $1,910.00 $43,930.00 20 Adjust Existing Water Valve Can and Covers
to Finished Grade 34 EA $120.00 $4,080.00 $925.00 $31,450.00 $450.00 $15,300.00 $2,800.00 $95,200.00 $1,400.00 $47,600.00 $1,910.00 $64,940.00 21 Install Traffic Striping, Markings, Curb Painting,
and Signs 1 LS $65,000.00 $65,000.00 $44,000.00 $44,000.00 $44,500.00 $44,500.00 $112,800.00 $112,800.00 $70,000.00 $70,000.00 $55,000.00 $55,000.00 22 Remove Existing Fire Hydrant Assembly and
Service Line and Construct New Fire Hydrant
Assembly and Service Line
7 EA $15,200.00 $106,400.00 $22,500.00 $157,500.00 $25,000.00 $175,000.00 $28,125.00 $196,875.00 $14,000.00 $98,000.00 $11,800.00 $82,600.00 23 Furnish and Install Fire Hydrant Assembly and
Service Line 4 EA $14,300.00 $57,200.00 $21,000.00 $84,000.00 $23,000.00 $92,000.00 $23,560.00 $94,240.00 $14,000.00 $56,000.00 $11,800.00 $47,200.00 24 Remove Existing Water Meter and Box, and
Cap Existing Service at Meter Box and
Construct New 2" Water Service Line, Install
new Meter and Meter Box (Provided by City)
27 EA $6,700.00 $180,900.00 $5,500.00 $148,500.00 $11,000.00 $297,000.00 $17,770.00 $479,790.00 $7,300.00 $197,100.00 $6,100.00 $164,700.00 25 Construct New 2" Water Service Line, Install
New Meter and Meter Box (Provided by City) 18 EA $6,600.00 $118,800.00 $6,500.00 $117,000.00 $10,000.00 $180,000.00 $14,405.00 $259,290.00 $7,300.00 $131,400.00 $6,100.00 $109,800.00 26 Remove Existing Valve Can and Cover 14 EA $297.00 $4,158.00 $273.00 $3,822.00 $530.00 $7,420.00 $830.00 $11,620.00 $130.00 $1,820.00 $107.00 $1,498.00 27 Furnish and Install 12" PVC C900, DR14, Pipe
With All Appurtenant Connections to the 2,898 LF $136.00 $394,128.00 $220.00 $637,560.00 $160.00 $463,680.00 $257.00 $744,786.00 $210.00 $608,580.00 $214.00 $620,172.00 28 Furnish and Install 8" PVC C900, DR14, Pipe
With All Appurtenant Connections to the
Existing Water Mains, Fittings and Parts, All
Necessary Tees and Transitions, Over and/or
Under Crossings, Elbows and Fittings, Cutting
42 LF $154.00 $6,468.00 $227.00 $9,534.00 $400.00 $16,800.00 $246.00 $10,332.00 $260.00 $10,920.00 $214.00 $8,988.00 29 Furnish and Install New 6" Mueller ResilientWedge Valve or Approved Equal 11 EA $1,770.00 $19,470.00 $2,100.00 $23,100.00 $2,800.00 $30,800.00 $1,330.00 $14,630.00 $3,000.00 $33,000.00 $2,570.00 $28,270.00 30 Furnish and Install New 8" Mueller ResilientWedge Valve or Approved Equal 6 EA $3,240.00 $19,440.00 $3,000.00 $18,000.00 $4,200.00 $25,200.00 $2,435.00 $14,610.00 $4,000.00 $24,000.00 $3,400.00 $20,400.00 31 Furnish and Install New 12" Mueller ResilientWedge Valve or Approved Equal 6 EA $4,800.00 $28,800.00 $5,000.00 $30,000.00 $6,800.00 $40,800.00 $4,450.00 $26,700.00 $6,500.00 $39,000.00 $5,400.00 $32,400.00 TOTAL BASE BID $4,367,030.00 $5,477,968.00 $5,919,884.00 $7,262,130.00 $7,258,168.00 $7,297,330.00 ADDITIVE BID 1 (ITEM 1A
THRU 6A) CIP 2022-06

PART 'B'
6TH LOW
HARDY & HARPER, INC.
5TH LOW

ALL AMERICAN ASPHALT
BARTLETT AVENUE REHABILITATION PROJECT BETWEEN ADELANTO ROAD AND LILAC ROAD CIP 2022-02 BID OPENING: 3:00 P.M., August 31, 2023

LOWEST BIDDER

CHRISTENSEN BROTHERS,
INC.
2ND LOW

SULLY MILLER

CONTRACTINGCOMPANY
3RD LOW BIDDER
C.A. RASMUSSEN,INC.
4TH LOW BIDDER

GRANITE CONSTRUCTION

COMPANY
117
1A Sawcut and Remove Existing Concrete Curb
Ramp
28 EA $2,270.00 $63,560.00 $3,000.00 $84,000.00 $1,050.00 $29,400.00 $2,350.00 $65,800.00 $2,000.00 $56,000.00 $7,300.00 $204,400.00 2A Sawcut and Remove Existing Concrete
Sidewalk
2,700 SF $2.93 $7,911.00 $9.00 $24,300.00 $11.00 $29,700.00 $12.40 $33,480.00 $10.00 $27,000.00 $13.00 $35,100.00 3A Construct Concrete Curb Ramp 28 EA $4,500.00 $126,000.00 $9,000.00 $252,000.00 $4,100.00 $114,800.00 $4,002.00 $112,056.00 $6,200.00 $173,600.00 $10,980.00 $307,440.00 4A Furnish and Install New Metal Hand Railing for
Ramp
24 LF $290.00 $6,960.00 $250.00 $6,000.00 $460.00 $11,040.00 $400.00 $9,600.00 $1,300.00 $31,200.00 $370.00 $8,880.00 5A Construct 4"-Thick Concrete Sidewalk 1,950 SF $14.50 $28,275.00 $12.00 $23,400.00 $25.00 $48,750.00 $8.00 $15,600.00 $19.00 $37,050.00 $23.00 $44,850.00 6A Furnish and Install Solar Powered
Rectangular Rapid Flashing Beacon (RRFB) 1 LS $17,300.00 $17,300.00 $26,000.00 $26,000.00 $30,000.00 $30,000.00 $33,050.00 $33,050.00 $33,000.00 $33,000.00 $28,000.00 $28,000.00 TOTAL ADDITIVE BID 1 $250,006.00 $415,700.00 $263,690.00 $269,586.00 $357,850.00 $628,670.00 TOTAL BASE BID + ADDITIVE
ALTERNATE BID (PART A & B) $4,617,036.00 $5,893,668.00 $6,183,574.00 $7,531,716.00 $7,616,018.00 $7,926,000.00 118
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2512/026150-0001
19521958.1 a09/08/23

CITY OF ADELANTO

CONTRACT SERVICES AGREEMENT

BARTLETT AVENUE REHABILITATION BETWEEN ADELANTO ROAD AND LILAC ROAD CIP 2022-02
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2023 by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and Christensen Brothers General Engineering, Inc., a incorporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.

SECTION 1. SERVICES.

1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A, “Scope of Services” and incorporated herein by this reference (the “Services”).

Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on September 6, 2023 Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, 151
2512/026150-0001
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the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its 152
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obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.

Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator 153
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in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.

1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.

1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.

SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed FOUR

MILLION THREE HUNDRED AND SIXTY SEVEN THOUSAND AND THIRTY DOLLARS ($4,367,030) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section

8.4 herein. In the event of a conflict between this Agreement and Exhibit B, regarding the amount 154
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of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.

2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.

Invoices shall be submitted to:

City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301
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2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.

2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In 156
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no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.

2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.

2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 3. FACILITIES AND EQUIPMENT.

3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.

3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.

Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required 157
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to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty-Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractorshall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover interinsured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do 158
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business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.

4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor Initial: _______

4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the 159
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required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years 160
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after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.

4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:
«Contract_Title». The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City 161
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as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 162
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9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).

4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
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5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.

The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor 164
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acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one 165
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week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to 166
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practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.

7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages. 167
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SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.

8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.

8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.

8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other 168
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than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.

8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.

Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the 169
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“Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.

Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 170
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9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
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10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Seth Christensen V.P Operations
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, «Staff_Contact», «Staff_Title» (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Contractor shall be sent to:

Christensen Brothers General Engineering, Inc.

Attn: Seth Christensen
P.O. Box 1286
Apple Valley, CA 92307
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: «Staff_Contact», «Staff_Title»
with a copy to:

City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
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10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. 174
2512/026150-0001
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[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF ADELANTO
«City_Signature»
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONTRACTOR
«Contractor_Signature_1»

«Contractor_Signature_2»

[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
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19521958.1 a09/08/23

EXHIBIT A

SCOPE OF SERVICES
Services shall include «Contract_Title» services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed FOUR

MILLION, THREE HUNDRED AND SIXTY SEVEN THOUSAND AND THIRTY DOLLARS» ($4,367,030) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement.

Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
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CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: September 13, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
SUBJECT: AUTHORIZATION TO SUBMIT GRANT APPLICATION TO COUNTY OF SAN

BERNARDINO FOR HOMELESS FACILITY
STAFF RECOMMENDATION:

Authorize staff to prepare and submit an $8 million grant application to the County of San Bernardino via Supervisor Paul Cook’s office for the purpose of developing a homeless facility within the City.

BACKGROUND:

In the June 2022 the Board of Supervisors adopted the “Homeless Strategic Action Plan” focusing on:
▪ Sharing data between departments to identify persons from each system that present a high usage of accessing care through unsuitable healthcare and criminal justice settings. ▪ Integration of new and existing resources to support and provide the required care for ongoing stabilization.
▪ Researching the implementation of alternative court treatment-oriented options such as Assisted Outpatient Treatment (Laura’s Law) and the proposed Community Assistance for Recovery and Empowerment (CARE) Court
▪ Engaging County departments in the integration of the Lanterman-Petris-Short (LPS) conservatorship process for individuals in need of a restrictive to a least restrictive setting for stabilization toward independent living
▪ Partnering with municipalities to build a network of housing infrastructure capacity to treat and house the most at-risk populations in communities with the highest chronically homeless populations.
▪ Deploying outreach and field-based mobile healthcare teams ▪ Facilitating opportunities for healthcare providers to meet unsheltered persons without existing street outreach and engagement teams when safe and appropriate. ▪ Transitioning, based on the needs of each person, to the appropriate level of shelter and care. 178
In response to the 26% increase in homelessness reflected in the 2023 “Point in Time Count” (https://www.sbcounty.gov/uploads/sbchp/content/SBC-2023-Homeless-Count-Report.pdf) the Board of Supervisors last March launched a partnership with the county’s cities to invest a sizable share of the $72.7 million Homeless Initiatives Spending Plan toward increasing housing for the homeless throughout the county.

The plan sets aside $32.7 million specifically for partnerships between the county and cities to increase housing and system capacity, specifically by the creation of shelter beds with onsite services open to all homeless residents, permanent supportive housing, and rapid rehousing options as well as by addressing systemic barriers that prevent housing connections and placements.

Homeless overflow from Victorville’s facilities presents a problem for Adelanto the city can mitigate with the assistance of the Board of Supervisors.

POTENTIAL HOMELESS VILLAGE:

Mayor Reyes and Adelanto staff and Supervisor Cook’s staff have met to review the type of housing that may be appropriate for the homeless village. In the course of reviewing options, one concept that emerged was a “tiny home” homeless village facility. Preliminary estimates indicate that 1.5 – 2.0 acres would be ideal for a village with up to 200 tiny homes. The ADA compliant village could be phased based upon demand and include:
▪ Phase I – approximately 95 tiny home units
▪ Phase II – approximately 100-105 tiny home units
As way solely of example, the Duffy Electric Boat factory in Adelanto manufactures SafeHuts™ (www.safehuts.com) These are single bed units with the following characteristics. ▪ Fiberglass construction materials
▪ Single bed
▪ 12V solar to power interior/exterior lights, USB port ▪ 220V closed loop for heat & A/C
▪ SafeHuts™ Cares – ongoing maintenance program
A potential homeless village would include support/navigation services with a focus on veteran services and also include the following amenities:

Sanitation trailer
▪ Male/female Restrooms
▪ Wash basins
▪ Showers
Office trailer
▪ On boarding room
▪ Staff office
▪ Food hall
Site improvements
179
▪ Grading
▪ Water
▪ Sewer
▪ Power
▪ Fencing
▪ Lighting
▪ Security camera

COST ESTIMATES
The costs to create homeless facilities can be exorbitant. The average hotel conversion in Los Angeles is $597,000 per door. Redlands recently paid $30 million for a motel for 99 doors at a cost of $303,000 per door. There are many variables in determining Village development costs including:
▪ Site location to utilities
▪ Site grading requirements
▪ Soft costs
▪ Village amenities
If the City were to eventually proceed with a concept based on tiny homes, the City is informed that the cost is in the range of $35,000 - $77,500 per door with the variability based on the factors listed above.

If the City were to use City owned land, the City would need to decide whether to retain ownership of the land and the facility or potentially sell the land to the County.

After construction, there are operational costs for the facility that would be paid by the County of San Bernardino. Ongoing costs range from $50.00 - $70.00 per day on average. These costs would not be included in the City’s grant application. Generally, such facilities are managed by a Non-Profit entity that is paid by the County. Full time security would be part of the County’s operational responsibility.

CONCLUSION
Approval of this agenda matter simply authorizes the City to move forward with a potential grant application to the County and conduct due diligence on the item. If the process moves forward, depending on the nature of the City’s involvement, the City would be required to comply with any and all legal requirements including but not limited to, if applicable, public bidding requirements. Any final decisions about the facility would require future Council action. 180

Adelanto City CouncilSeptember 13, 2023

Adelanto City Council
September 13, 2023