Adelanto City Council
November 8, 2023

AGENDA

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
November 8, 2023

City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Joy Jeannette, Councilor
Angelo Meza, Councilor
Amanda Uptergrove, Councilor
City Manager
Jessie Flores
City Attorney
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
NOVEMBER 8, 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
NOVEMBER 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________

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

C. APPROVAL OF AGENDA
D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. CONFERENCE WITH LEGAL COUNSEL − EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1). (One case)
“BEAL V CITY OF ADELANTO (Claim #:2008670)

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(b): (2 cases) E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
F. CONVENE INTO CLOSED SESSION
TIME: _____________

1. Motion to go into Closed Session.

M__________________S__________________ACTION_________________ A. CALL TO ORDER—CLOSED SESSION
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
NOVEMBER 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________
H. CLOSED SESSION REPORT
I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
K. PRESENTATIONS
L. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
G. CALL TO ORDER—REGULAR MEETING
4 REGULAR MEETING
NOVEMBER 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us M. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

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

2. Receive and file Commercial and Residential Monthly Report.

3. Receive and file Commercial and Residential 3rd Quarter Report.

4. 2
nd Reading of Ordinance 645 entitled:

ORDINANCE NO. 645

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

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO THE ADELANTO NORTH 2035 COMPREHENSIVE
SUSTAINABLE PLAN FIGURE LC-2 GENERAL PLAN LAND USE AND

ZONNING MAP IN SEVEN AREAS (AREAS A-G) AND THE AMENDED

OVERLAY DISPENSARY ZONE WITHIN THE CITY OF ADELANTO,

CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF
M__________________S__________________ACTION__________________ N. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. ADOPT RESOLUTION 23-82 APPROVING THE SECOND AMENDMENT TO THE SOLID WASTE

FRANCHISE AGREEMENT WITH AVCO TO IMPLEMENT ORGANIC WASTE RECYCLING AND RELATED REQUIREMENTS IMPOSED BY STATE LAW (SB 1383). (TODD/PATRICK) 5 REGULAR MEETING
NOVEMBER 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RECOMMENDATION: It is recommended that the City Council adopt Resolution 23-82 approving the Second Amendment to the Franchise for Solid Waste Handling Services with AVCO Disposal, Inc, in order to implement Organic Waste Recycling and related program requirements mandated by SB 1383.

RESOLUTION NO. 23-82

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

APPROVING THE SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF ADELANTO AND AVCO DISPOSAL, INC. FOR SOLID WASTE HANDLING SERVICES.

M__________________S__________________ACTION__________________ PUBLIC COMMENT: OPEN: CLOSED:

2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO MEMORANDUM OF

UNDERSTANDING WITH SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC HEALTH

REGARDING EDIBLE FOOD RECOVERY PROGRAM ACTIVITIES (TODD/PATRICK) RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to execute a Memorandum of Understanding (MOU) agreement with the San Bernardino County Department of Public Health Division of Environmental Health Services (EHS) for edible food recovery activities terminating on December 31, 2025.

RESOLUTION NO. 23-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, STATE OF CALIFORNIA, AUTHORIZING CITY’S ENTERING INTO

MEMORANDUM OF UNDERSTANDING WITH COUNTY OF SAN
BERNARDINO FOR SB 1383 EDIBLE FOOD RECOVERY ACTIVITIES
M__________________S__________________ACTION__________________ 6 REGULAR MEETING
NOVEMBER 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED:

3. CONSIDERATION OF A RESOLUTION PROPOSING AND SUBMITTING TO THE VOTERS AT THE PRESIDENTIAL PRIMARY ELECTION ON MARCH 5, 2024, A PROPOSAL TO

ADOPT AN INITIATIVE ORDINANCE ESTABLISHING A SPECIAL TAX ON VACANT

PROPERTIES TO FUND SOLUTIONS FOR PARKS AND RECREATION, ILLEGAL

DUMPING REMEDIATION, PUBLIC SAFETY, CAPITAL IMPROVEMENT PROJECTS, AND

SPECIFIED PROGRAMS, REQUESTING THAT THE BALLOT QUESTION AND MEASURE

BE CONSOLIDATED WITH THE COUNTY ELECTION CONTESTS, SETTING DEADLINES

FOR THE FILING OF WRITTEN ARGUMENTS AND REBUTTALS REGARDING THE

MEASURE, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.– (TODD/FINANCE)
RECOMMENDATION: It is recommended that the City Council conduct a public hearing, receive public input, consider and adopt:
(1) Resolution No. 23-81 which:
a. Submits to the City’s voters at the March 5, 2024, Presidential Primary Consolidated Election an ordinance establishing a special tax on vacant properties to fund solutions for parks and recreation, illegal dumping remediation, public safety, capital improvement projects, and specified programs;
b. Requests that the ballot question and measure be consolidated with the County election on March 5, 2024;
c. Sets the deadlines for the filing of written arguments and rebuttals regarding the Measure; and
d. Directs the City Attorney to prepare an impartial analysis. (2) If Resolution No. 23-81 is adopted, then staff recommends that the City Attorney read aloud the title of the Adelanto Vacant Property Tax Ordinance at the City Council meeting, and the City Council make a motion to waive further reading of the Ordinance. The title is:

ORDINANCE NO. 647

AN ORDINANCE OF THE PEOPLE OF THE CITY OF ADELANTO AS
APPROVED BY THE CITY’S QUALIFIED ELECTORS AT THE ELECTION HELD ON MARCH 5, 2024, TO ESTABLISH A SPECIAL PARCEL TAX ON

VACANT PROPERTIES

M__________________S__________________ACTION____________________ 7 REGULAR MEETING
NOVEMBER 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 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.

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.

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
R. ADJOURNMENT
The next Regular Meeting of the City Council will be held on December 13, 2023, at 7:00 p.m.

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 NOVEMBER 3, 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
S. DECLARATION OF POSTING
8 REGULAR MEETING
NOVEMBER 8, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.

CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.

CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.

LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.

RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption 9 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
NOVEMBER 8, 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: November 3, 2023 Brenda Lopez, City Clerk, CMC
10 CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: November 8, 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 11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: November 8, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk
SUBJECT: 3

RD QUARTER COMMERCIAL & RESIDENTIAL SOLID WASTE AND

RECYCLING REPORT
STAFF RECOMMENDATION:

Receive and file.

ATTACHMENTS:

1. Burrtec’s Monthly 3
rd Quarter Commercial and residential Solid Waste and Recycling Report 30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 8 AM - 12 PM*
*PLEASE NOTE: Rain or shine. Shredding ends at 12 noon
or when the truck is full, whichever occurs first.

SHRED-FEST 2023
February 4 • May 6 • August 5 • November 4
Sponsored by Burrtec Waste Industries, the City of Victorville and the Town of Apple Valley.

Shred Fest
Free to all Victor Valley Residents. Bring up to four (4) 20-pound boxes of paper documents to shred for FREE. No business materials. Documents are shredded on site by All Purpose Document Destruction.

Compost/Mulch Giveaway
Need mulch for your yard? There will be FREE mulch at the MRF during the Shred Fest events. Burrtec attendants will assist with loading the compost/mulch. Hard-sided containers such as buckets and trash containers are best as bags break. The giveaway is for Victor Valley residents only—no businesses or commercial vehicles.

Mulch an compost LIMIT is 50 gallons.

Visit Recycle Alley at the MRF
Drop off old TVs, computers, appliances, mattresses, boxsprings, scrap metal, mixed paper, plastic, glass, cardboard, and newspaper for FREE. Recycle Alley is open to the public Monday—Friday from 8:00 a.m. to 4:00 p.m.

Visit Our Buy Back Center at the MRF
Redeem your CRV bottles and cans for CASH. Cardboard and newspaper is also accepted. The Buy Back Center is open to the public Monday—Friday from 8:00 a.m. to 4:00 p.m.

Victor Valley Materials Recovery Facility
17000 Abbey Lane in Victorville (just off Stoddard Wells Rd.) 71 Here’s What You Can Recycle at the “MRF”!
Bring these items to the MRF “Recycle Alley” Drop-Off Area for Free.

FREE DROP-OFF

BUY-BACK CENTER
• Appliances/Scrap Metal
• Cardboard*
• CRV Bottles & Cans*
• Glass Bottles & Jars
• Mattresses/Boxsprings**
• Mixed Plastics
• Newspaper*
• TVs - Computers
*Indicates buy-back/redeemable item
**Free to residents. Fee of $5 each for businesses
Corrugated Cardboard
CRV Aluminum
CRV Glass
CRV PET Plastic
Prices subject to change without notice.

For current prices, please call the MRF at (760) 241-1284.

Victor Valley MRF
Located at 17000 Abbey Lane, Victorville, CA 92394
Hours of Operation: Monday-Friday from 8 a.m. to 4 p.m.

CRV Water Jugs
HDPE—Milk Jugs (not CRV)
Newspapers
Customer Service Office
Phone (760) 245-8607 • Burrtec.com
72 Summer 2023
Sponsored by Burrtec Waste Industries for Adelanto Residents Contact Information
Burrtec Waste Industries
17080 Stoddard Wells Road
Victorville, CA 92394
Automated Payment Service
(888) 298-5161
Customer Service
(760) 245-8607
Hours of Operation
Monday-Friday
8:00 am to 5:00 pm
Website
Burrtec.com
3V10

BURRTEC NEWS

WASTE AND RECYCLING NEWSLETTER
Follow us on
Holiday Schedule
Please note that services are interrupted on the following holidays:

Memorial Day | Independence Day | Labor Day
Thanksgiving Day | Christmas Day | New Year’s Day
When the holiday falls on a weekday, collections for the remainder of the week will be delayed by one day.

There is no service interruption or delay when the holiday falls on a Saturday or Sunday.

Did You Know?
Californians throw away nearly 6 million tons of food
scraps or food waste each year. This represents about 18 percent of all the material that goes to landfills. In order for California to reach its goal of 75% source reduction, recycling and composting, food waste must be addressed. - Source: CalRecycle.ca.gov
The residential Solid Waste and Recycling
Collection Service Fees are placed on the
County property tax bill. Extra services
provided in between tax billing cycles will
be billed directly to the property owner.

Tax Roll Billing
35-gallon.............................. $32.31
65-gallon.............................. $34.76
95-gallon.............................. $37.21
Rates for 2023/2024
For any questions please contact Burrtec at (760) 245-8607. Rates will be implemented as follows:

FREE compost
giveaway!!!
Bring your shovels
and bags or
containers to load
your own compost.

No commercial
vehicles.

Event Date: October 21, 2023
Event Time: 8 a.m. - 12 p.m.

Neighborhood Cleanup
Location: Adelanto Stadium, 12000 Stadium Way
We accept bulky items, metal and household trash
No electronic waste, hazardous waste,
tires or business waste.

For more information please call Burrtec's
Customer Service Department at (760) 245-8607.

Are you replacing an old sofa, water heater or
refrigerator and don’t know what to do with it?
We’ll take care of it. Residents can request up to
four curbside collections of large or bulky items
during a 12 month period. Limit of five items per
collection. This program also includes electronic
waste. This program is FREE and designed for your
convenience. Please call our Customer Service
Department one week prior to your scheduled
collection day to arrange pick-up.

Bulky Item Pick-Up
California passed a law requiring organics recycling to improve air quality and reduce greenhouse gas emissions. The state reports that landfilled organic waste (including food waste) decomposes in landfills and generates greenhouse gases contributing to global climate change.

Additional food waste and green waste recycling information will be provided once the organics recycling program is set to launch in your city.

Food Waste Recycling: Coming Fourth Quarter 2023

FRUITS & VEGETABLES

COOKED MEATS
DAIRY
BREAD
LEAVES

TWIGS & BRANCHES

PRUNINGS

GRASS CLIPPINGS
Common Household
Organic Materials
73 3V10
Do You Have… The Right Stuff?
Win $100 if you recycle the right stuff!
Residents who recycle correctly help keep rates lower for everyone and lower the amount of trash going to the landfill! You can help by taking the Recycling Challenge!!!
Burrtec Waste will award two participating residents with a $ 100 prize if they are selected and keep their recycling and trash in the right barrel.

How To Participate:
• Fill out entry form and send it to Burrtec.
• Keep trash out of your recycling barrel(s).
• Keep recyclables out of your trash barrel(s).
• Entries will be selected at random - one per month (September and October 2023). ✔ Animal waste ✔ Bathroom waste ✔ Broken toys ✔ Bubble wrap ✔ Carpet ✔ Ceramic glass ✔ Clothes hangers ✔ Diapers ✔ Food waste ✔ Kitty litter ✔ Mirrors ✔ Pet food bags ✔ Pizza boxes ✔ Rubber hoses ✔ Soiled paper products ✔ Yard waste
✔Aerosol cans (completely empty) ✔ Aluminum cans ✔ Brochures ✔ Cardboard ✔ Cereal boxes (no wax paper lining) ✔ Coupons ✔ Envelopes ✔ Glass bottles, jars ✔ Glass cosmetic bottles ✔ Junk mail ✔ Laundry bottles ✔ Magazines/catalogs ✔ Newspaper ✔ Paper ✔ Paper tubes ✔ Phone books ✔ Plastic containers ✔ Plastic milk jugs ✔ Tin cans ✔ Tissue boxes ✔ Wrapping paper Trash Barrel (Acceptable Items)
Recycling Barrel (Acceptable Items)
Please send your completed form to Burrtec using one of the options below:

Mail: 17080 Stoddard Wells Road, Victorville, CA 92394
Email: [email protected]
Fax: (760) 245-4708
Winners will be recognized at a City Council meeting. Photograph(s) and/or digital image(s) may be used in news releases and/or educational materials.

Print Name: ________________________________________________________________________________________________________ Address: __________________________________________________________________City/State/Zip:____________________________ Phone Number:_______________________________________Email Address: ________________________________________________ Signature: ___________________________________________________________________________ Date: ________________________ Entry Form (Please Print)
74 verano 2023
3V10
Información de Contacto
Burrtec Waste Industries
17080 Stoddard Wells Road
Victorville, CA 92394
Servicio de Pago Automatizado
(888) 298-5161
Servicio al Cliente
(760) 245-8607
Horas de oficina
lunes a viernes
8:00 am to 5:00 pm
Página web
Burrtec.com
Patrocinado por Burrtec Waste Industries Para Los Residentes de Adelanto

BURRTEC NEWS
INFORMACIÓN DE DESECHOS Y RECICLAJE
Siganos en
Horario Festivo
Tenga en cuenta que los servicios se interrumpen en los siguientes días festivos:

Año Nuevo | Día de Acción de Gracias | Día de los Caídos Día de la Independencia | Día de Navidad | Día del Trabajo Cuando el día festivo cae en un día entre semana, la semana se retrasa por un día. No hay interrupción de servicio o retraso cuando el día festivo cae en sábado o domingo.

Reciclaje de Desechos de Comida:

Proximamente en el Cuarto Trimestre de 2023
Sabia Usted?
Se estima que el desperdicio de alimentos en
los EE. UU. es del 30 al 40 % del suministro
de alimentos y los californianos desechan
aproximadamente 6 millones de toneladas de
desechos de comida al año.
- Fuente: cdfa.ca.gov
Las tarifas para el Servicio de Recoleccion Residencial de basura y reciclaje son incluidas en la factura de impuestos a la propiedad del condado. Los servicios adicionales
dentro de los ciclos de facturación de impuestos son
facturados directamente al dueño de la propiedad.

Facturación en
el registro tributario
35-galones ........................... $32.31
65-galones ........................... $34.76
95-galones ........................... $37.21
Tarifas para 2023/2024
Para cualquier pregunta por favor de ponerse en contacto con Burrtec al (760) 245-8607. Las tarifas se implementarán de la siguiente manera:

Abono
GRATIS!
Traiga sus
palas y bolsas
o recipientes
para cargar su
propio abono.

No vehículos
comerciales.

Fecha del Evento: octubre 21, 2023
Horario del Evento: 8 a.m. - 12 p.m.

Dia de Limpieza para el Vecindario
Ubicación: Adelanto Stadium, 12000 Stadium Way
Aceptamos artículos voluminosos,
metal y basura domestica.

No electrónicos, desechos peligrosos,
llantas o basura comercial.

Para más información por favor llame al Departamento de Servicio al Cliente de Burrtec al (760) 245-8607.

Está reemplazando un sofá viejo, calentador de agua o
refrigerador y no sabe que hacer con ello? Nosotros nos encargaremos de ello. Los residentes pueden solicitar
hasta cuatro colecciones en la acera de artículos grandes o voluminosos durante un periodo de 12 meses. Límite de cinco artículos por colección. Este programa también incluye desechos electrónicos. Este programa es GRATIS y está
diseñado para su conveniencia. Por favor llame a nuestro Departamento de Servicio al Cliente una semana antes de su día de recogida programado para agendar su cita.

Recolección de Artículos Voluminosos
California aprobó una ley que requiere el reciclaje de desechos orgánicos para mejorar la calidad del aire y reducir las emisiones de gases de efecto invernadero. El estado informa que los desechos orgánicos depositados en vertederos (incluidos los desechos de comida) se descomponen en vertederos y generan gases de efecto invernadero que contribuyen al cambio climático global.

Se proporcionará información adicional sobre los desechos de comida y desechos verdes una vez que el programa de desechos orgánicos esté listo para lanzarse en su ciudad.

FRUTAS Y VERDURAS

CARNES COCINADAS
LÁCTEOS
PAN
HOJAS

RAMITAS Y RAMAS
PODAS
RECORTES DE CÉSPED
Materiales Orgánicos Comunes
en el Hogar
75 3V10
✔ Deschos de animal ✔ Desperdicios de baño ✔ Juguetes rotos ✔ Plástico de burbujas ✔ Alfombra ✔ Vidrio cerámico ✔ Perchas de ropa ✔ Pañales ✔ Arena para gatos ✔ Espejos ✔ Bolsas de comida para mascotas ✔ Cajas de pizza ✔ Mangueras de goma ✔ Productos de papel sucios ✔ Desechos de jardín ✔ Desechos de comida ✔ Botellas cosméticas de vidrio ✔ Botellas de lavandería ✔ Botellas de vidrio, frascos ✔ Cajas de pañuelos ✔ Cajas de cereales (sin forro de papel de cera) ✔ Cartón ✔ Correo no deseado ✔ Cupones ✔ Folletos ✔ Guías telefónicas ✔ Jarras de leche de plástico ✔ Latas de aerosol (completamente vacías) ✔ Latas de aluminio ✔ Latas de estaño ✔ Papel ✔ Papel de envolver ✔ Periódico ✔ Recipientes de plástico ✔ Revistas / catálogos ✔ Sobres ✔ Tubos de papel Barril de Basura (Artículos aceptables)
Barril de Reciclaje (Artículos aceptables)
¿Tiene lo Que se Necesita?
Gane $100 si recicla los materiales correctos!
Los residentes que reciclan correctamente ayudan a mantener las tarifas más bajas para todos y ¡reducen la cantidad de basura que va al vertedero! ¡Usted puede ayudar participando en el reto de reciclaje!!!
Burrtec premiará a dos (2) residentes participantes con un premio de $100 si son elegidos y si mantienen los materiales correctos en los contenedores de recliclaje y basura.

Como participar:
• Llene el formulario de inscripción y envíelo a Burrtec. • Mantenga su reciclaje fuera de su(s) contenedor(es) de basura. • Mantenga la basura fuera de su(s) contenedor(es) de reciclaje. • Las entradas se seleccionarán al azar: una por mes (septiembre y octubre 2023).

Por favor envíe su formulario a Burrtec usando una de las siguientes opciones:

Correo: 17080 Stoddard Wells Road, Victorville, CA 92394 Correo Electrónico: [email protected]
Fax: (760) 245-4708
El ganador(a) será reconocido(a) en una reunión del Concejo Municipal. Se pueden usar fotografías y/o imágenes digitales en comunicados de prensa y/o materiales educativos.

Nombre:___________________________________________________________________________________________________________ Ciudad:____________________________________________________________________________________________________________ Número de teléfono: __________________________________Correo electrónico:_______________________________________________ Firma: _______________________________________________________________________________ Fecha: _______________________ Formulario de Entrada (Por favor escriba en letra de molde) 76 77
78 Fall 2023
Sponsored by Burrtec Waste Industries for Adelanto Residents Contact Information
Burrtec Waste Industries
17080 Stoddard Wells Road
Victorville, CA 92394
Automated Payment Service
(888) 298-5161
Customer Service
(760) 245-8607
Hours of Operation
Monday-Friday
8:00 am to 5:00 pm
Website
Burrtec.com
D3V14

BURRTEC NEWS

WASTE AND RECYCLING NEWSLETTER
Follow us on
Holiday Schedule
Please note that services are interrupted on the following holidays:

Memorial Day | Independence Day | Labor Day
Thanksgiving Day | Christmas Day | New Year’s Day
When the holiday falls on a weekday, collections for the remainder of the week will be delayed by one day.

There is no service interruption or delay when the holiday falls on a Saturday or Sunday.

California passed a law requiring organics
recycling to improve air quality and
reduce greenhouse gas emissions. The
state reports that landfilled organic waste
(including food waste) decomposes in
landfills and generates greenhouse gases
contributing to global climate change.

Additional food waste and green waste
recycling information will be provided
once the organics recycling program is set
to launch in your city.

Food Waste Recycling:

Coming Fourth
Quarter 2023
Common Household Organic
Materials
DAIRY
BREAD
LEAVES

TWIGS & BRANCHES

PRUNINGS

GRASS CLIPPINGS
Common Household
Organic Materials
Victor Valley Shred Event & Compost Giveaway
Date: Saturday, November 4, 2023 Time: 8:00 a.m. to 12:00 p.m.

Where: Victor Valley MRF Recycling Center • 17000 Abbey Lane in Victorville (just off Stoddard Wells Road) Shred Event Details:

Please bring proof of residency such as driver’s license or identification.

Free confidential on-site document shredding. *Shred event ends at 12:00 p.m. or when truck is full.

What to bring:
• Residents may bring up to 4 boxes (banker box size, 12” x 10” x 16”) or 4 bags no larger than 15-gallons per person.
• Please only bring paper that should be shredded (most junk mail does not need to be shredded). Magazines, phone books, catalogs, etc. will not be accepted. • Walk ups are not allowed. For your safety and to ensure everyone is treated fairly, please drive through the line and do not get out of your car. Staff will unload your materials and take them to the onsite shredder.
• There is no cost to residents for this service.

Compost Giveaway Details:
• Free to residents, while supply lasts!
• This is a self serve event so please bring sturdy bags, pails, containers, gloves and a shovel to take and load your compost. First come, first serve.

Benefits of Compost:
• Helps retain moisture to reduce watering • Controls erosion • Suppresses weed growth • Provides beneficial nutrients to improve soil Two Events in One Day!
DAIRY

FRUITS & VEGETABLES COOKED MEAT
BREAD

BRANCHES
GRASS

CLIPPINGS
PRUNINGS LEAVES For more information call the Victor Valley MRF Recycling Center at (760) 241-1284 79 D3V14
FREE compost
giveaway!!!
Bring your shovels
and bags or
containers to load
your own compost.

No commercial
vehicles.

Event Date: October 21, 2023
Event Time: 8 a.m. - 12 p.m.

Neighborhood Cleanup &
Compost Giveaway
Location: Adelanto Stadium, 12000 Stadium Way
We accept bulky items, metal and household trash
No electronic waste, hazardous waste,
tires or business waste.

For more information please call Burrtec's
Customer Service Department at (760) 245-8607.

Are you replacing an old sofa, water heater or
refrigerator and don’t know what to do with it?
We’ll take care of it. Residents can request up to
four curbside collections of large or bulky items
during a 12 month period. Limit of five items per
collection. This program also includes electronic
waste. This program is FREE and designed for your
convenience. Please call our Customer Service
Department one week prior to your scheduled
collection day to arrange pick-up.

Bulky Item Pick-Up
Adelanto residents can drop off their Household Hazardous Waste at the following locations:

Town of Apple Valley Public Works Yard
13450 Nomwaket Road
Saturdays 10 a.m. to 2 p.m.

The following can be disposed of:
• Antifreeze • Batteries • Fertilizers • Household Cleaners • Medications • Needles in sharps containers • Paints • Pesticides & Herbicides • Pool Chemicals • Propane Tanks • Used Motor Oil
Limit; 15 gallons or 125 lbs. per visit in containers no larger than 5-gallon. These services are for residential use only. If you have any questions, please contact Burrtec’s Customer Service department at (760) 245-8607 or visit www.burrtec.com.

Household Hazardous Waste (HHW) Disposal
City of Victorville HHW Collection Center
Loves Ln, off of Desert Knolls Drive
Wednesdays & Sundays 9 a.m. to 4 p.m.

On collection day, please place your containers in the street, at the curb, or near the corner of your driveway. Barrels should have the handles facing towards your home.

Barrels should be placed 1 foot apart from each other. The barrels need to be placed at least 3 feet away from any obstruction such as a fence, mailbox, or vehicle.

All barrels must be curbside by 6:00 a.m. on your service day.

Collection Day Reminder
Against
the curb 1 foot
3 feet

HANDLES
CLOSE
LID
It’s Cool to Reuse
for School
With the school year upon us, reusing materials
is good for your wallet and the environment.

Here are a few ways to reuse and collect items
throughout the year.

School Supplies: Many students leave school
supplies in their lockers at the end of the year or
dispose of them at home. Instead of throwing
these items away, regularly collect them for
a community sale or donation drive. Some of
these materials can be very useful to others.

Books: Instead of tossing your old books,
consider establishing a book exchange in your
school or community. You may also consider
donating used books to a library, nursing home,
or other organization that might want them.

Art Supplies: Organize a collection of art
supplies to use at school, to exchange among
interested students, or to donate to a needy
organization such as a homeless shelter for
families and children.

Sports Equipment: You can collect unwanted
or unused sports equipment to exchange
within a school, for reuse in different schools,
or to raise money for charities.

Special Occasion Items: Consider an annual
prom dress exchange or donation drive.

Collect once-worn dresses and donate them to
interested schools and organizations.
80 ORDINANCE NO. 645

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, APPROVING AN AMENDMENT TO THE
ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE
PLAN FIGURE LC-2 GENERAL PLAN LAND USE AND

ZONNING MAP IN SEVEN AREAS (AREAS A-G) AND THE

AMENDED OVERLAY DISPENSARY ZONE WITHIN THE CITY

OF ADELANTO, CALIFORNIA AND MAKING FINDINGS IN

SUPPORT THEREOF
WHEREAS, the applicant, the City of Adelanto, has initiated a General Plan Amendment No. GPA 23-03 and Zone Change No. ZC 23-02 to amend the Adelanto North 2035 Comprehensive Sustainable Figure LC-2, General Plan Land Use and Zoning Map in seven areas (Areas A-G) and the Dispensary zone; and
WHEREAS, on October 4, 2023 the Planning Commission conducted a regularly scheduled and legally noticed public hearing for General Plan Amendment No. GPA 23-02 and Zone Change No. ZC 23-02 recommended approval of the proposed Ordinance after considering public testimony and accompanying documents; and
WHEREAS, the City of Adelanto, as lead agency, determined that an Addendum to the previously adopted 2014 Environmental Impact Report, (EIR) SCH No. 20142031034 should be prepared pursuant to the California Environmental Quality Act (“CEQA”) in order to analyze all adverse environmental impacts of the Project; and WHEREAS, the Addendum was posted on the City Planning website as well as distributed to relevant State agencies pursuant to State CEQA Guidelines. The General Plan, staff reports, amended area maps, Figure LC-2, and the environmental determination is on file and available through the Development Services Department at Adelanto City Hall.; and WHEREAS, the Addendum reflects the independent judgment of the City Council of the City of Adelanto and is deemed adequate for purposes of making decisions on the merits of the proposed General Plan Amendment No. GPA 23-03, Zone Change No. ZC 23-02, and accompanying actions; and
WHEREAS, on October 25, 2023, the City Council conducted a duly noticed public hearing on the proposed General Plan Amendment 23-03, Zone Change 23-02, and considered testimony and materials in the staff report and accompanying documents and exhibits; and
WHEREAS, all legal prerequisites for the adoption of this ordinance have occurred.
81 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Adelanto as follows:

SECTION 1. The above recitals are all true and correct.

SECTION 2. The City Council has reviewed and considered the staff report and accompanying materials prior to taking action on the proposed General Plan Amendment 23-03 and Zone Change 23-02. The City Council further finds that the City Council’s determinations reflect the independent judgment of the City Council.

SECTION 3. The City Council hereby finds and determines that:
(a) The proposed General Plan Amendment No. 23-03 and Zone Change No. 23- 02 are consistent with the goals, policies, and objectives of the General Plan; (b) The proposed General Plan Amendment No. 23-03 and Zone Change No. ZC 23-02 will not adversely affect surrounding properties in that it has been designed to ensure compatibility with future surrounding land uses; (c) The proposed General Plan Amendment No. 23-03 and Zone Change No. ZC 23-02 does not conflict with provisions of the Zoning Code, subdivision regulation, or any applicable specific plan(s); and
(d) The proposed General Plan Amendment No. 23-03 and Zone Change No. ZC 23-02 changes the land use zoning policy map however will not adversely affect surrounding properties.

The proposed General Plan Amendment and Zone Change will amend the General Plan Land Use and Zone Map in order to allow for increased housing density, eliminate non-conforming uses and promote economic development opportunities in the amended areas.

Further, the proposed area amendments are consistent with the City’s Adelanto North 2035 Sustainable Plan, Chapter 3, Economic Development and will also support State Senate Bill 743, which promotes the reduction of greenhouse gas emissions by lessening Vehicle Miles Traveled, through the development of multimodal transportation networks, and a diversity of land uses.

SECTION 4. The Mayor shall sign and the Secretary shall certify to the passage and adoption of this General Plan Amendment and Zone Change.

PASSED, APPROVED AND ADOPTED this 25th of October 2023, by the City of Adelanto.
______________________________
82 Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
83 I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing General Plan Amendment was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 25th of October, 2023, be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 25th of October, 2023.
______________________________
Brenda Lopez, City Clerk
84 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: November 8, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Patrick Munoz/Todd Litfin, City Attorney’s Office
SUBJECT: ADOPT RESOLUTION 23-82 APPROVING THE SECOND AMENDMENT TO THE

SOLID WASTE FRANCHISE AGREEMENT WITH AVCO TO IMPLEMENT ORGANIC

WASTE RECYCLING AND RELATED REQUIREMENTS IMPOSED BY STATE LAW (SB 1383).

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution 23-82 approving the Second Amendment to the Franchise for Solid Waste Handling Services with AVCO Disposal, Inc, in order to implement Organic Waste Recycling and related program requirements mandated by SB 1383.

BACKGROUND:

In September 2016, Governor Jerry Brown signed into law SB 1383 to achieve a 75% reduction in the statewide disposal of organic waste from the 2014 level by 2025. Organic waste is a subset of solid wastes that, generally speaking, decomposes, and includes food scraps, green waste, landscape and pruning waste, wood and lumber, paper products, manure, biosolids, digestate, and sludge. Organic waste is highly recyclable and can be incorporated into products such as recycled paper or cardboard, compost, mulch, and/or converted into energy.

To achieve its goal, SB 1383 and its implementing regulations required cities to implement certain actions by January 1, 2022. The required actions include:

1. Provide organic waste recycling services to all residential and multi-family properties, and commercial businesses;

2. Develop an edible food recovery program;

3. Purchase organic/sustainable materials and recycled products in order to create market infrastructure for products made from recycled organic materials;

4. Amend existing franchise agreement with AVCO to comply with SB 1383; and

5. Establish compliance, enforcement, and reporting programs.

Proposed Franchise Amendment for Compliance with SB 1383

85 RESOLUTION NO. 23-82 APPROVING SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF ADELANTO AND AVCO DISPOSAL INC. FOR SOLID WASTE HANDLING SERVICES PAGE 2 OF 5
The recommended action is to adopt the Resolution included as Attachment 1, which would result in adoption of an amendment (the “Second Amendment”) to the City’s existing franchise agreement (the “Franchise Agreement”) with AVCO Disposal, Inc. (“AVCO”) which incorporates new programs mandated by SB 1383 that the City is requiring AVCO to incorporate into their services. (The Second Amendment is an Exhibit to Attachment 1.) These include: collection of source separated organic waste from all customers, route monitoring for contamination, new education and outreach responsibilities, tracking and reporting compliant facility usage, recycled organic waste item procurement, and detailed tracking of all activities to comply with the State’s new “at any time” inspection authority, all of which are mandates placed upon the City by SB 1383. The proposed Second Amendment places these State mandated obligations on AVCO to perform on behalf of the City, to the extent the law permits.

Importantly, the responsibilities proposed to be assigned to AVCO by the Second Amendment include many obligations that are beyond the City’s ability to perform based on available staffing and resources.

SUMMARY
The proposed Second Amendment is necessary to add additional services required to enable the City to meet its state-mandated obligations pursuant to SB 1383. SB 1383 requires all jurisdictions in California to divert organic waste from landfill disposal by implementing organic waste collection services. The regulations impose numerous and costly requirements which AVCO will take on including an edible food recovery program, new public education and outreach programs, recordkeeping and reporting, procurement of recyclable materials, and inspecting and enforcing the law as to noncompliant generators. AVCO will also incur hard costs that will include, among other things, purchasing approximately 8,500 new organics carts, purchasing and replacing 10,000 trash cart lids, and a new collection vehicle.

The cost of implementing the State mandated organic recycling programs for single family residents is $4.92 per customer per month. In order to lessen the impact of the costs of the programs mandated by the State on residents, AVCO has agreed to phase in costs over a 4-year period. This year’s rates include only 1/3 of the actual costs, equal to $1.64 per residential customer per month. To further lessen the impact on residents, AVCO has proposed to freeze residential rates in 2024-2025 with no increase. This includes AVCO forgoing the CPI increase to which it is entitled under the current franchise, which will likely be a savings of a 6% increase. Residents will benefit in that the CPI increase AVCO is forgoing would otherwise compound over time with each annual CPI increase. The remaining 2/3’s of the cost increase is proposed to be implemented 1/3 at a time in each of FY’s 25-26 and 26-27.

Residential Services:

AVCO does not currently provide an organic waste collection program for residents that includes the processing of food waste. The Second Amendment will include this service by requiring delivery of 35- gallon Carts for food waste collection to all residents. Residents will be required to place all food scraps into these new Carts, which will be delivered to an organic waste processing facility. Residents will be able to place food in bags prior to placing it in the Organic Waste Cart and will also be able to place yard waste in such Carts but will be asked to keep yard waste unbagged. Residents will continue to use separate containers for refuse and recyclable materials, and will now use 3 Carts, one for each waste stream, as part of their standard service.
86 RESOLUTION NO. 23-82 APPROVING SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF ADELANTO AND AVCO DISPOSAL INC. FOR SOLID WASTE HANDLING SERVICES PAGE 3 OF 5
Muti-Family Premises and Commercial Businesses:

SB 1383 requires that all commercial and multi-family properties have recycling programs and organic waste programs. Previously the law only required that the service be offered, but SB 1383 mandates that these services be provided. Customers not subscribing for these services now will automatically be enrolled during the SB 1383 implementation process, and if they refuse will be subject to State mandated enforcement action. All such customers are mandated to have recycling and organic waste recycling services unless they meet very strict waiver criteria (e.g., they generate less than 10-gallons or 20-gallons of organic waste per week). AVCO will assist the City in evaluating and processing waivers.

ANALYSIS
A. Changes to waste collection service –
• Trash – No change proposed; will continue to be collected weekly. • Recycling – No change proposed for residents; commercial businesses and multi-family complexes must subscribe to an appropriate service level, or auto-enrollment will be implemented at a service level deemed appropriate by AVCO. • Organic Waste – This will be the biggest change with specialized containers provided to residents and businesses. All waste generators must subscribe to an appropriate service level, or autoenrollment will be implemented at a service level deemed appropriate by AVCO. Note that exceptions exist for those who qualify as self-haulers, or for those who meet the strict requirements for waivers.

B. Increase to Maximum Rates –
The additional services identified in this section will increase costs to provide solid waste collection services. For residents, there will be a standard 3-cart system which will include collection of organics (food waste), and processing of that waste at an appropriate facility. The cost increase, as noted above, is $4.92 spread over 4 years to cover the costs for SB 1383 program implementation.

The increase for customers at businesses or multi-family properties will incur as a result of the State mandated programs is dependent upon the level of services each receives. In addition, businesses not currently receiving them will incur increases due to mandated recycling and/or organic waste services.

The maximum rates for these services, and the various levels of service available can be referenced in Exhibit A of the Second Amendment, which identifies the maximum rates AVCO may charge. (See Attachment 1).

C. Recycling and Organics/Green-waste carts –
Per SB 1383, collection containers are required to be consistent with state-mandated color and labeling requirements (black or gray for trash, blue for recycling, and green for organic waste) by 2036. As part of implementation, AVCO will bring much of the City’s container inventory into compliance with the new requirements. Once AVCO has used all of their current inventory of containers, and when new services 87 RESOLUTION NO. 23-82 APPROVING SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF ADELANTO AND AVCO DISPOSAL INC. FOR SOLID WASTE HANDLING SERVICES PAGE 4 OF 5
and/or replacement containers are needed, AVCO will distribute containers that comply with the new State mandates.

D. Contamination and Compliance Monitoring Program –
SB 1383 requires that jurisdictions monitor contamination in residential carts through one of two methods. Staff and AVCO have mutually agreed that the most efficient method will be to inspect solid waste carts on a regular basis to screen for contamination (i.e., placing waste materials in the wrong cart). This task has been designated to AVCO in the Second Amendment; and it will allocate such staff time as is reasonably necessary to ensure compliance with the City’s contamination monitoring obligations under SB 1383.

AVCO will be authorized to assess a Contamination Fee of $22.35 per-occurrence to residents, and contamination fees ranging from $28.56 to $79.44 (dependent on container size) to businesses, to offset the additional cost to process organic waste and recyclables with contamination. The Second Amendment provides for a 12-month grace period after program implementation during which no contamination fees will be assessed. Once in place, a residential customer may be charged a Contamination Fee when they receive a fourth violation in a rolling 6-month period.

E. Procurement –
The City is obligated to purchase recycled content paper and procure a certain quantity (based on population) of recovered organic waste products such as compost, mulch electricity generated from biomass conversion, and renewable natural gas at levels prescribed by the State annually. AVCO will assist the City in meeting a portion of its state-mandated procurement requirements in its role as a direct service provider.

F. Edible Food Recovery Program Support –
AVCO and the City will work together to address compliance by businesses that are Tier 1 and Tier 2 food generators, including by outreach and facilitating partnerships with third-party food recovery organizations for the purposes of meeting the City’s edible food recovery program requirements. This will include record keeping.

G. Public Outreach and Education –
SB 1383 mandates public outreach for organic waste recycling that includes information on how to recycle organics as well as the environmental impacts of organic waste. The proposed Second Amendment includes a fairly detailed implementation, education and outreach plan that AVCO will be responsible to implement. (See Exhibit H to Second Amendment.) FISCAL IMPACT:

City General Fund receives approximately $1,000,000 annually in Franchise Fees on Residential, Commercial, Recycling and Roll-off services.

ALTERNATIVES
88 RESOLUTION NO. 23-82 APPROVING SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF ADELANTO AND AVCO DISPOSAL INC. FOR SOLID WASTE HANDLING SERVICES PAGE 5 OF 5
Do not approve the Resolution or Second Amendment and provide direction to Staff on alternatives for implementing SB 1383. However, doing so will add significant delay in the implementation of the State mandate and put the City at risk for non-compliance requiring a revised corrective action plan, along with penalties and fines by CalRecycle and their enforcement division, which can be as high as $10,000/day.

RECOMMENDATION
That the City Council:

1. Adopt Resolution No. 23-82 approving the Second Amendment to the Franchise Agreement with AVCO Disposal, Inc., to Implement Organic Waste Recycling Requirements Imposed by New State Law (SB 1383); and

2. Authorize the Mayor to sign the Second Amendment to the Agreement Between the City of Adelanto and AVCO Disposal, Inc., for Solid Waste Handling Services.

ATTACHMENT:

1. Resolution 23-82 (which includes the Second Amendment to Franchise Agreement as Exhibit A) 89 RESOLUTION NO. 23-82

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

APPROVING THE SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF ADELANTO AND AVCO DISPOSAL, INC. FOR SOLID WASTE HANDLING SERVICES.

WHEREAS, The City of Adelanto (“City”) and AVCO Disposal, Inc., (“Contractor”) have entered that certain agreement entitled Agreement Between City Of Adelanto and AVCO Disposal, Inc., for Solid Waste Handling Services effective as of July, 1, 2010 (the “Agreement”), which Agreement has been amended by a First Amendment effective as of July 27, 2016 (the “First Amendment.”)
WHEREAS, Contractor is an affiliate of Burrtec Waste Group, Inc. (“Guarantor”), and Guarantor has entered into a written Guarantee Agreement (the “Guaranty”) with City related to Contractor’s performance pursuant to the terms of the Agreement, and is willing to extend the provisions of the Guarantee to the Agreement as amended by the First Amendment and the proposed Second Amendment.

WHEREAS, Since adoption of the Agreement and the First Amendment, Senate Bill (SB) 1383 has become effective, as well as its implementing regulations which, generally speaking, create an obligation upon the City and Contractor to adopt programs to reduce methane emissions including by imposing requirements for the diversion of organic waste from landfills.

WHEREAS, SB 1383 and its implementing regulations contain numerous detailed requirements applicable to the performance of the Agreement which conflict with the provisions thereof making it necessary to amend the Agreement to comply with State Law.

WHEREAS, The parties now desire to enter the amendment to the Agreement attached hereto as Exhibit A (the “Second Amendment”) for the purpose of setting forth their agreements and understandings with respect to amendments to the Agreement to address the requirements of SB 1383, while leaving all other aspects of the Agreement unchanged; and WHEREAS, California Public Resources Code Section 49300 requires the City Council to approve the terms of the proposed Second Amendment to the Agreement with Contractor pursuant to a resolution; and
WHEREAS, the provision of solid waste handling services is an activity supported in part through a public agency contract and therefore may be considered a "project" under the California Environmental Quality Act ("CEQA") (Pub. Res. Code §§ 21000 et seq.) (14 Cal. Code Regs. § 15378(a)(2)); and
WHEREAS, it can be seen with certainty that there is no possibility that the proposed Second Amendment could have a significant effect on the environment in that the Amendment to the Agreement is merely the continuation of an existing service in the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Adelanto as 90 follows:

SECTION 1. Each of the above recitals is true and correct and is adopted by the City Council.

SECTION 2. The City Council finds that the approval of the Second Amendment to the Agreement is exempt from CEQA under the “common-sense” exemption set forth in CEQA Guidelines section 15061(b)(3).

SECTION 3. The City Council hereby agrees to enter into the Second Amendment to the Agreement, subject to the terms set forth in this Resolution and the Second Amendment to the Agreement, which is attached hereto as Exhibit “A” and incorporated herein by this reference.

SECTION 4. The City Council hereby authorizes the Mayor to execute the Second Amendment on behalf of the City.

PASSED, APPROVED, AND ADOPTED this 8
th day of November, 2023.

GABRIEL REYES, MAYOR
ATTEST:

BRENDA LOPEZ, CITY CLERK
APPROVED AS TO FORM:

TODD LITFIN, CITY ATTORNEY
91 I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 23-82 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 8
th day of November, 2023 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA LOPEZ, CITY CLERK
92 EXHIBIT A
93 384/026150-0014
19826024.5 a11/03/23 Page 1

SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT BETWEEN CITY OF ADELANTO AND AVCO DISPOSAL, INC. FOR SOLID WASTE HANDLING

SERVICES
This Second Amendment (the “Second Amendment”) to the Agreement Between the City of Adelanto (hereinafter “City”) and AVCO Disposal, Inc. (hereinafter “Contractor”), for Solid Waste Handling Services is made and entered so as to be effective as of November 8, 2023.

RECITALS
A. City and Contractor have entered that certain agreement entitled Agreement Between City Of Adelanto and AVCO Disposal Inc. for Solid Waste Handling Services effective as of July 1, 2010 (the “Agreement.”)
B. Contractor is an affiliate of Burrtec Waste Group, Inc. (“Guarantor”), and Guarantor has entered into a written Guarantee Agreement (the “Guaranty”) with City related to Contractor’s performance pursuant to the terms of the Agreement.

C. City and Contractor amended the Agreement through a First Amendment effective as of July 27, 2016 (the “First Amendment.”)
D. Since adoption of the Agreement and the First Amendment, Senate Bill (SB) 1383 has become effective, as well as its implementing regulations which, generally speaking, create an obligation upon the City and Contractor to adopt programs to reduce methane emissions including by imposing requirements for the diversion of organic waste from landfills.

E. SB 1383 and its implementing regulations require that the Agreement comply with their requirements, and contain numerous detailed requirements applicable to the performance of the Agreement which are missing from or conflict with the existing provisions thereof, making it necessary to amend the Agreement in order for the City to be in compliance with the law.

F. The parties now desire to enter this Second Amendment for the purpose of setting forth their agreements and understandings with respect to amendments to the Agreement, as amended by the First Amendment, to address the requirements of SB 1383, while leaving all other aspects of the Agreement, as amended by the First Amendments unchanged.

G. Guarantor has reviewed this Second Amendment and remains willing to apply the Guaranty to Contractor’s performance under the Agreement, as amended by the First Amendment and this Second Amendment, and accordingly has executed the Acknowledgment and Consent set forth below reflecting the application of the Guaranty it has provided to Contractor’s performance hereof.

COVENANTS
SECTION 1. Incorporation of Recitals. The forgoing Recitals as incorporated herein as if they were fully restated.
94 384/026150-0014
19826024.5 a11/03/23 Page 2
SECTION 2. Definitions.
(a) The following definitions shall apply to the Agreement as amended by this Second Amendment, and shall supersede any defined term in the Agreement or the First Amendment not consistent herewith.
(i) “Approved Facility/ies'' shall mean facilities designated in Exhibit G. (ii) "Applicable Laws" shall mean all federal, state, county, and local laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental agency having jurisdiction over an aspect of the Agreement that are in force on the Effective Date, and as may be enacted, issued or amended thereafter, including without limitation City's Municipal Code (to the extent future amendments do no materially impair the rights of Contractor hereunder), AB 939, AB 341, AB 1594, and AB 1826, SB 1383, and 14 CCR, Division 7, Chapter 12.
(iii.) “Food Waste” shall mean a subset of Organic Waste comprised of the following Source Separated materials (i) any type of food (including without limitation fruits, vegetables, meat, poultry, seafood, bones, rice, beans, pasta, bread, dairy products), (ii) food spoiled paper (including without limitation napkins, paper towels, and paper plates), and (iii) tea bags, coffee grounds, and coffee filters.
(iv.) “Organics Recycling Waiver” or “Waiver” shall mean a waiver granted to a Customer by City pursuant to SB 1383 and it’s implementing regulations. (v.) “Organic Waste Processing Facility” shall mean a facility which processes Organic Waste in a manner that complies with all Applicable Laws. (vi.) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. For the purposes of this Agreement, SB 1383 specifically includes the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in November 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR. (vii) “Source Separated” means materials, including commingled Recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). 95 384/026150-0014
19826024.5 a11/03/23 Page 3
(viii.) “Yard Waste” or “Green Waste” shall mean a subset of Organic Waste comprised of leaves, grass cuttings, tree limbs, shrubs and similar plant material that are generated in connection with landscaping and landscape maintenance. (b) The following terms used herein shall have the meaning defined in 14 CCR Section 18982:
(i) Commercial Edible Food Generator;
(ii) Edible Food;
(iii) Food Recovery;
(iv) Food Recovery Organization;
(v) Food Recovery Service;
(vi) Large Event;
(vii) Large Venue;
(viii) Organic Waste;
(ix) Tier One Commercial Edible Food Generator;
(x) Tier Two Commercial Edible Food Generator
(c) The term “green waste” as used in Section 28.1 of the Agreement is replaced by the term Organic Waste, as defined herein.
(d) Section 2.7 of the Agreement defining Cart is amended to read as follows:
"Cart" means a plastic Container with a hinged lid and wheels serviced by an automated or semi-automated process, as opposed to a manual process of lifting and dumping.

The term “Barrel” shall have the same meaning as the term “Cart.” (e) Section 2.25 of the Agreement defining Multi-Family Dwelling is amended to read as follows:
“Multi-Family Dwelling” shall mean any building or lot containing more than one Dwelling Unit at which Contractor determines (and City agrees) the Dwelling Units must receive Solid Waste Handling Services in part through the use of shared Solid Waste Bins, since they are not reasonably able to store Carts or otherwise receive individualized Solid Waste Handling Service exclusively through the use of the automated Collection system only utilizing Carts contemplated by this Agreement for Single Family Dwellings. Multi-Family Dwelling includes, without limitation, Premises containing condominiums, residential apartments, and mobile home parks. Any ambiguity as to whether a Customer’s Premises qualifies for purposes of this Agreement as a Single Family Dwelling or Multi-Family Dwelling shall be resolved by the City Manager whose decision shall be final.
96 384/026150-0014
19826024.5 a11/03/23 Page 4
(f) Section 2.32 of the Agreement defining Single Family Dwelling is amended to read as follows:
“Single Family Dwelling” shall mean a building or lot containing one Dwelling Unit, and for purposes of this Agreement includes buildings and lots with more than one Dwelling Unit where such Dwelling Units are determined by the City to be reasonably able to receive individualized Solid Waste Collection service by an automated process only utilizing Carts as contemplated herein.

SECTION 3. Amendment to Section 3.1 of the Agreement. Section 3.1 of the Agreement entitled “Scope of Franchise” is hereby amended to read as follows:

Except as hereinafter expressly set forth, City hereby grants to Contractor and Contractor hereby accepts from City, for the Term hereof, the exclusive contract, right, and privilege to Collect, transport, and dispose of all Solid Waste generated or accumulated within the Franchise Area. The exclusive franchise granted by this Agreement includes the right for Contractor to conduct business on City’s rights-of-way as more fully described herein in order to carry out its obligations as set forth in this Agreement, including by: allowing the placement and/or storage of its Containers in rights-of-way; allowing Collection Vehicles to drive at a pace, and repeatedly stop in, rights-of-way in a manner which disrupts traffic to the degree reasonably necessary to carry out its obligations hereunder, and which actions would otherwise be prohibited and a violation of laws applicable to the general public; and, Collecting, delivering and otherwise servicing Containers within rights of way and disrupting traffic as may be reasonably necessary to do so. The franchise hereby granted includes the right to encroach on City’s rights-of-way for the forgoing purposes, without the need for an encroachment permit being issued to Contractor or its Customers (as would be required of the general public to use City’s rights-of-way in a similar manner) in connection with the services Contractor provides hereunder; provided however, Contractor’s rights to use the City’s rights-of-way may be limited by the City Manager as necessary for the protection of health, safety and public welfare. Notwithstanding the franchise rights granted herein to impede traffic as may be necessary to perform services hereunder, Contractor shall take reasonable steps to schedule Collection of Containers in a manner that endeavors to minimize the impact of its business activities on the flow of traffic.

SECTION 4. Amendment to Section 3.3 of the Agreement
Section 3.3 of the Agreement is hereby amended to add Edible Food recovered for human consumption as an additional item which is exempt from the Agreement’s exclusivity provisions.

SECTION 5. Amendment to Section 6 of the Agreement. The text of Section 6 of the Agreement is amended in its entirety to read as follows:

The term of this Agreement (the “Term”) shall be for the period of time commencing on the Effective Date, and ending at midnight on June 30, 2038, unless this Agreement is terminated sooner pursuant to Section 18 hereof, or otherwise.
97 384/026150-0014
19826024.5 a11/03/23 Page 5
SECTION 6. Amendment to Sections 8.2.1 of the Agreement. The text of Section

8.2.1 of the Agreement is amended in its entirety to read as follows:

8.2.1 Single Family Dwellings – Automated Collection
Except for those Customers who receive service utilizing Bins as provided herein, Contractor shall provide each Customer at a Single Family Dwelling with service comprised of not less than 3 Carts, a Refuse Cart, a Recycling Cart and an Organics Cart, as more fully described herein (“Standard 3-Cart Service”). Each such Customer shall be provided with one (1) sixty-five (65) gallon Cart designated for the Collection of Collection of that Solid Waste which the Applicable Laws do not require be Collected in a Container designated for the Collection of Recyclable Material or Organic Waste (a Refuse Cart), and shall Collect all Solid Waste placed therein for Collection once per week using an automated Collection system at rates that do not exceed the maximum rates set forth in Exhibit A. Upon request by a Customer, Contractor shall Collect a Customer’s Refuse Cart(s) additional times each week, at rates that do not exceed the maximum rates set forth in Exhibit A. Contractor shall also, at no additional charge, Collect Solid Waste which a Customer may occasionally place adjacent to their Refuse Cart(s) in bags or boxes for Collection. Upon request from any Customer at a Single Family Dwelling, Contractor shall provide such Customer with one or more additional Refuse Carts at no charge; provided, however, Contractor's monthly rate for Solid Waste Handling Services to such Customers may be increased on a per Refuse Cart basis in an amount that that does not exceed the maximum rates set forth in the attached Exhibit A. The maximum rate labeled “Residential Refuse” on Exhibit A, applies to Standard 3-Cart Service, and the maximum rate charged by Contractor may vary in a manner consistent with Exhibit A in connection with any variations in Cart size or number, or Collection frequency, as compared to Standard 3-Cart Service. Any Customer requesting either a larger or smaller Refuse Cart shall be provided with their choice of either a ninety-five (95) gallon or thirtyfive (35) gallon Refuse Cart by Contractor instead of the standard sixty-five (65) gallon Cart noted above, and such Customer’s bill shall be adjusted accordingly such that the rates charged by Contractor do not exceed the maximum rates set forth in Exhibit A. Wherever feasible, Customers shall be directed to place Carts for Collection in the street gutter, against the curb. If a Customer and Contractor cannot agree upon a Collection location, or if City determines the selected location to cause safety or other concerns, City may make the final determination of the Collection location.

SECTION 7. Amendment to Section 8.2.3 of the Agreement. The text of Section

8.2.3 of the Agreement is amended in its entirety to read as follows:

8.2.3 Walk-out Service
Contractor shall provide eligible Customers with "walk-out service" (also known as “pull out service”) as set forth in this paragraph at rates that do not exceed those set forth on Exhibit A. This service shall require Contractor to use its own forces to bring a Customer's Carts from a Customer's backyard, side yard, or such other location at which the Customer's Containers are regularly stored, to Contractor's Collection Vehicle; and, after disposal of the contents thereof, returning said Containers to the location where they are regularly stored. In order to receive walkout service, a Customer may be required by Contractor to sign a standardized agreement, the terms of which shall be subject to City's approval, that authorizes entry onto the Customer's property and holds Contractor harmless for any liability (including specifically liability related to pets escaping) 98 384/026150-0014
19826024.5 a11/03/23 Page 6
associated with Contractor providing the service. Walk-out service shall be provided at no charge for eligible Customers. To be eligible for walk-out service at no charge, a Customer shall provide a letter to Contractor from a physician confirming the Customer is unable to move his/her Carts to the curb, and that to the best of his knowledge there is no other capable persons living in the Customer's household to provide this service. Contractor may require each eligible Customer to provide a new letter from a physician on an annual basis in order to maintain eligibility for walkout service. It is intended that walk-out service at no charge will apply to disabled and elderly Customers, and any dispute regarding a Customer's eligibility for no charge walk-out service shall be resolved by the City Manager.

SECTION 8. Amendment to Section 8.2.4 of the Agreement. The text of Section

8.2.4 of the Agreement is amended in its entirety to read as follows:

8.2.4 Single Family Dwellings – Bin Collection.

Contractor may provide Customers at Single Family Dwellings who so request with Bins in place of Refuse Carts, subject to City approval, at rates which do not exceed the maximum rates set forth on Exhibit A, provided the use of Bins at the property in question complies with any and all applicable policies, rules and/or regulations of City (including any such regulations as may be adapted from time to time applicable to screening and storage). If Contractor’s Collection Vehicle cannot directly access the location at which a Bin is stored, Contractor shall move the Bin up to 25 feet at no charge. In the event Contractor is required to move a Bin further than 25 feet to effect Collection, Contractor may charge rates for such “Rollout Services” which do not exceed the maximum rates set forth in Exhibit A. Any Customer at a Single Family Dwelling receiving refuse Collection service with Bins, shall also be provided a Recycling Cart and an Organic Waste Cart, in the same manner as any other Customer at a Single Family Dwelling; and, all obligations of Contractor hereunder applicable to Customers at Single Family Dwellings shall apply to such Customers, except that Contractor may charge such Customers rates for such service that do not exceed the maximum rates set forth in Exhibit A identified as “Residential Bins – Refuse (with Recycling and Organics Barrels.)”
SECTION 9. Amendment to Section 8.2.6 of the Agreement. Section 8.2.6 of the Agreement is amended in its entirety to read as follows:

8.2.6 Recycling and Organic Waste Programs for Single Family Dwellings Using Carts.

8.2.6.1 Single Family Dwelling Recycling Program
Contractor has designed a program, the “Residential Recycling Program,” to assist City and Customers in complying with their SB 1383 obligations. In connection therewith, and as part of its Standard 3-Cart Service, Contractor shall provide each Customer at a Single Family Dwelling with one (1) sixty five (65) gallon Cart designated for the Collection of Recyclables (a “Recycling Cart”) at no additional charge. Upon request from any Customer at a Single Family Dwelling, Contractor shall provide such Customer with one or more additional Recycling Carts at no additional charge. Contractor shall Collect Recyclable Material placed in Recycling Carts for Collection from each Customer at a Single Family Dwelling on the same day as such Customer's 99 384/026150-0014
19826024.5 a11/03/23 Page 7
Refuse Cart is Collected using an automated Collection process. Contractor shall Collect Recyclable Material placed in Recycling Carts for Collection from each Customer at a Single Family Dwelling on the same day as such Customer's Refuse Cart is Collected using an automated Collection process. Customers shall be directed to place Recycling Carts in the same location for Collection as Refuse Carts. At a minimum the following materials shall be allowed to be deposited by Customers for Collection in Recycling Carts: aluminum cans; glass jars and bottles; bi-metal, and tin cans; empty aerosol containers; PET plastic; HDPE plastic; plastics types 3 – 7;, plastic toys and tools, and other plastic materials (if readily identifiable as being recyclable); juice boxes and milk cartons (aseptic packaging, Tetra Pak© and waxed cardboard); coat hangers and metal foil; newspaper; mixed paper (e.g., ledger, computer, junk mail, magazines, paperback books cereal boxes, envelopes, paper shopping bags and non-metallic wrapping paper); corrugated cardboard; and telephone books. The forgoing materials list may be adjusted if approved by the City Manager in order to comply with the Applicable Laws or as may be necessary to address market conditions. The above provisions related to Recycling Carts shall apply to Customers at Single Family Dwellings receiving Collection in Bins.

8.2.6.2 Single Family Dwelling Organic Waste Program

8.2.6.2.1 Contractor has designed a program, the “Residential Organic Waste Recycling Program,” to assist City and Customers in complying with their SB 1383 obligations.

In connection therewith, as part of its Standard 3-Cart Service, it shall provide each Customer at a Single Family Dwelling with a thirty-five (35) gallon Cart for Collection of commingled Organic Waste (an “Organic Waste Cart”). Upon request from any Customer at a Single-Family Dwelling, Contractor shall provide such Customer with one or more additional Organic Waste Carts at rates that do not exceed the maximum rates set forth in Exhibit A. Customers shall also have an option to increase the size of the organics cart from 35 gallon to 65 gallon at rates that do not exceed the maximum rates set forth in exhibit A. Contractor shall Collect Organic Waste placed in Organic Waste Carts for Collection from each Customer on the same day as such Customers’ Refuse Cart (or Bin if applicable) is Collected, using an automated Collection process. Customers shall be directed to place Organic Waste Carts in the same location for Collection as Refuse Carts.

8.2.6.2.2 Customers shall be permitted to place Food Waste in bags, and place such bags in their Organic Waste Cart. Green Waste may also be placed in Organic Waste Carts for Collection, but Contractor may advise Customers that Green Waste shall not be placed in bags.

Contractor shall be responsible to ensure its Residential Organic Waste Recycling Program complies with all provisions of the Applicable Laws related to the use of plastic or compostable plastic bags, including without limitation 14 CCR §18984.1(d) and all related noticing requirements.

8.2.6.2.3 Contractor shall be responsible to ensure that all Organic Waste it Collects is delivered to an Organic Waste Processing Facility, and use commercially reasonably efforts to ensure such facility is permitted so as to be obligated to process Organic Waste in a manner that complies with SB 1383, using methods that are approved by CalRecycle.

8.2.6.2.4 The provisions of Section 8.26.2 related to Contractor’s Residential Organic Waste Recycling Program shall apply to Customers at Single Family Dwellings receiving Collection in Bins.
100
384/026150-0014
19826024.5 a11/03/23 Page 8
SECTION 10. Amendment to Section 8.2.7 of the Agreement. Section 8.2.7 of the Agreement is amended in its entirety to read as follows: “Reserved.” SECTION 11. Amendment to Section 8.2.9 of the Agreement. Section 8.2.9 of the Agreement is amended in its entirety to read as follows:

8.2.9 Use of Refuse Bins for Multi-Family Dwelling Customers Contractor shall provide Customers at Multi-Family Dwellings with Bins meeting the minimum standards set forth in Exhibit B for Collection of that Solid Waste which the Applicable Laws do not require be Collected in a Container designated for the Collection of Recyclable Material or Organic Waste (“Refuse Bins”). The size of Refuse Bins utilized, and the frequency of their Collection, shall be mutually agreed upon by Contractor and its Customers, except that Collection shall occur not less than one time per week and City shall have the right to impose minimum requirements for Bin sizes and more frequent Collection should it determine such action is needed to protect public health, safety and welfare. Any dispute regarding the proper number of Refuse Bins and the frequency of their Collection shall be resolved by the City Manager.

Contractor may charge Customers rates for Collection of Refuse Bins that do not exceed the maximum rates set forth in the attached Exhibit A. Upon a Customer’s request, Contractor shall provide an extra pick-up at rates that do not exceed the maximum rates set forth in the attached Exhibit A. If Contractor’s Collection Vehicle cannot directly access the location at which a Bin is stored, Contractor shall move the Bin up to 25 feet at no charge. In the event Contractor is required to move a Bin further than 25 feet to effect Collection, Contractor may charge rates for such “Push Out Services” which do not exceed the maximum rates set forth in Exhibit A.

SECTION 12. Amendment to Section 8.2.10 of the Agreement. Section 8.2.10 of the Agreement is amended in its entirety to read as follows:

8.2.10 Multi-Family Dwelling Recycling Program
Contractor shall provide a Recycling program at all Multi-Family Dwellings (the “Multi-Family Dwelling Recycling Program”), that at a minimum meets the standards required under the Applicable Laws, including specifically AB 341, SB 1383 and associated regulations, and such program shall be consistent with any ordinances adopted by the City to implement the Applicable Laws not inconsistent with the terms and provisions of this Agreement. In connection with this Program, Contractor shall deliver each applicable Customer at least one (1) Cart (with a capacity of 65 or 95 gallons) or Bin (with a capacity of either 1.5, 2 or 3 cubic yards) for the Collection of Recyclable Materials. Contractor shall work with Customers to evaluate the actual number of such Containers needed, and frequency of their Collection, with a goal of meeting the requirements of the Applicable Laws (such as AB 341, SB 1383 and associated regulations), taking into account each Customers’ actual needs (including the best strategy to comply with all relevant laws and regulations in the most economically feasible manner possible), and public health and safety needs. The City Manager shall resolve any dispute that may exist between Contactor and any Customer as to the number of Containers or frequency of Collection needed to comply with this provision. Contractor shall assist the City in identifying Customers subject to this provision that are not in compliance with their obligations under the Applicable Laws. Contractor shall produce, keep current, and provide public information specifically outlining its Multi-Family 101
384/026150-0014
19826024.5 a11/03/23 Page 9
Dwelling Recycling Program, which shall specifically include the annual publication and distribution of a brochure describing this service to all applicable Customers in City. Contractor may charge Customers for the services provided in connection with the Multi-Family Dwelling Recycling Program rates that do not exceed the maximum rates set forth in Exhibit A. At a minimum the following materials shall be allowed to be deposited by Customers for Collection in Recycling Bins/Carts: aluminum cans; glass jars and bottles; bi-metal, and tin cans; empty aerosol containers; PET plastic; HDPE plastic; plastics types 3 – 7; plastic toys and tools, and other plastic materials (if readily identifiable as being recyclable); juice boxes and milk cartons (aseptic packaging, Tetra Pak© and waxed cardboard); coat hangers and metal foil; newspaper; mixed paper (e.g., ledger, computer, junk mail, magazines, paperback books cereal boxes, envelopes, paper shopping bags and non-metallic wrapping paper); corrugated cardboard; and telephone books. The forgoing materials list may be adjusted if approved by the City Manager in order to comply with the Applicable Laws or as may be necessary to address market conditions.

SECTION 13. Amendment to Sections 8.3.1, 8.3.3 and 8.3.4 of the Agreement.

Sections 8.3.1, 8.3.3 and 8.3.4 of the Agreement are amended in their entirety to read as follows:

8.3.1 Commercial Containers for Refuse.

Contractor shall provide Commercial Customers with Containers meeting the minimum standards set forth in Exhibit B for Collection of that Solid Waste which the Applicable Laws do not require be Collected in a Container designated for the Collection of Recyclable Material or Organic Waste which shall either be Rolloff Boxes, Refuse Bins (with a capacity of

1.5, 2 or 3 cubic yards), or ninety-five (95) gallon Refuse Carts. The type, and size of Containers utilized, and the frequency of their Collection, shall be mutually agreed upon by Contractor and its Customers, except that Collection shall occur not less than one time per week and City shall have the right to impose minimum requirements for Container sizes and more frequent Collection should it determine such action is needed to protect public health, safety and welfare. Any dispute regarding the proper number of Containers or the frequency of their Collection shall be resolved by the City Manager. Contractor may charge Customers rates for Collection of such Containers that do not exceed the maximum rates set forth in the attached Exhibit A. Upon a Customer’s request, Contractor shall provide an extra pick-up at rates that do not exceed the maximum rates set forth in the attached Exhibit A. Containers shall be Collected by Contractor from the location upon each Customer’s property designated for their storage, and replaced to that location with gates and/or doors secured, as applicable, after Collection is completed, unless different arrangements are agreed upon by the Customer and Contractor. If Contractor’s Collection Vehicle cannot directly access the location at which a Container is stored, Contractor shall move the Bin up to 25 feet at no charge. In the event Contractor is required to move a Bin further than 25 feet to effect Collection, Contractor may charge rates for such “Push Out Services” which do not exceed the maximum rates set forth in Exhibit A.

8.3.3. Reserved.

8.3.4 Commercial Recycling Program
Contractor shall provide a commercial recycling program (the "Commercial Recycling Program") to all Commercial Customers that at a minimum meets the standards required under the 102
384/026150-0014
19826024.5 a11/03/23 Page 10
Applicable Laws, including specifically AB 341, SB 1383 and associated regulations, and such program shall be consistent with any ordinances adopted by the City to implement the Applicable Laws not inconsistent with the terms and provisions of this Agreement. Contractor shall deliver each applicable Customer at least one (1) Cart (with a capacity of either 65 or 95 gallons) or Bin (with a capacity of either 1.5, 2 or 3 cubic yards) for the Collection of Recyclable Materials.

Contractor shall work with Customers to evaluate the actual number of such Containers needed, and frequency of their Collection, with a goal of meeting the requirements of the Applicable Laws (such as AB 341, SB 1383 and associated regulations), taking into account each Customers’ actual needs (including the best strategy to comply with all relevant laws and regulations in the most economically feasible manner possible), and public health and safety needs. The City Manager shall resolve any dispute that may exist between Contactor and any Customer as to the number of Containers or frequency of Collection needed to comply with this provision. Contractor shall assist the City in identifying Customers subject to this provision that are not in compliance with their obligations under the Applicable Laws. Contractor shall produce, keep current, and provide public information specifically outlining its Commercial Recycling Program, which shall specifically include the annual publication and distribution of a brochure describing this service to all applicable Customers in City. Contractor may charge Customers for the services under the Commercial Recycling Program rates that do not exceed the maximum rates set forth in Exhibit A. At a minimum the following materials shall be allowed to be deposited by Customers for Collection in Recycling Bins/Carts: aluminum cans; glass jars and bottles; bi-metal, and tin cans; empty aerosol containers; PET plastic; HDPE plastic; plastics types 3 – 7; plastic toys and tools, and other plastic materials (if readily identifiable as being recyclable); juice boxes and milk cartons (aseptic packaging, Tetra Pak© and waxed cardboard); coat hangers and metal foil; newspaper; mixed paper (e.g., ledger, computer, junk mail, magazines, paperback books cereal boxes, envelopes, paper shopping bags and non-metallic wrapping paper); corrugated cardboard; and telephone books. The forgoing materials list may be adjusted if approved by the City Manager in order to comply with the Applicable Laws or as may be necessary to address market conditions.

SECTION 14. Amendment to add Commercial and Multi-Family Dwelling Organic Recycling Programs. The Agreement is amended to add a new Section 8.3.6 related to Commercial and Multi-Family Dwelling Organic Recycling.

8.3.6 Commercial and Multi-Family Dwelling Organics Program.

8.3.6.1 Contractor shall provide a program for the Collection, processing, and diversion from disposal of Organic Waste to all Commercial Customers and Customers at Multi-Family Dwellings consistent with the terms hereof (the “Commercial/MF Organic Waste Recycling Program.”) Contractor shall deliver at least one (1) Container for the Collection of Organic Waste to each applicable Customer, excepting such Customers for whom City issues an Organics Recycling Waiver as follows:
(i) Multi-Family Dwelling Customers: Contractor’s Program shall utilize Carts with a capacity of either 35 or 65 gallons, in which Customers may deposit any Organic Waste. Customers shall be permitted to place Food Waste in bags, and place such bags in their Organic Waste Cart. Green Waste may also be placed in Organic Waste Carts for Collection, but Contractor may advise Customers that Green Waste shall not be placed in bags.
103
384/026150-0014
19826024.5 a11/03/23 Page 11
(ii) Commercial Customers: Contractor shall use Containers designated for either Food Waste only, or Green Waste only. The Containers used for Food Waste only shall be either Carts (with a capacity of either 35, or 65 gallons), or Bins (with a capacity of 2 cubic yards.) The Containers used for Green Waste only shall be either Carts (with a capacity of either 35, 65 or 95 gallons), or Bins (with a capacity of 1.5, 2 or 3, cubic yards.) Commercial Customers may be advised that they may not place either Food Waste or Green Waste in bags prior to being placed in Containers.

Contractor shall work with Customers to evaluate the actual number of Containers needed for Collection of Organic Waste, and the frequency of their Collection, with a goal of meeting the requirements of the Applicable Laws, including specifically SB 1383, AB 1826, and all associated regulations, taking into account each Customer’s actual needs (including the best strategy to comply with all relevant laws and regulations in the most economically feasible manner possible), and public health and safety needs. The City Manager shall resolve any dispute that may exist between Contactor and any Customer as to the number or type of Containers, or frequency of Collection needed to comply with this provision. Contractor shall be responsible for ensuring that the Commercial/MF Organic Waste Recycling Program it provides meets the requirements of all Applicable Laws, including AB 1826, SB 1383. Contractor shall make available information related to its Commercial Organic Waste Recycling Program and shall promote said Program through its website, mailers, brochures, billing inserts, email content, social media, and online announcements, all as more fully set forth herein.

8.3.6.2 Contractor shall be responsible to ensure its Commercial/MF Organic Waste Recycling Program complies with all provisions of the Applicable Laws related to the use of plastic or compostable plastic bags, including without limitation 14 CCR §18984.1(d) and all related noticing requirements.

8.3.6.3 Contractor shall deliver all Organic Waste it Collects to an Organic Waste Processing Facility, which is permitted to receive the type of Organic Waste it receives and use commercially reasonable efforts to ensure such facility is permitted so as to be obligated to process such Organic Waste in a manner that complies with all Applicable Laws, including AB 1826, SB 1383 and all associated regulations, using methods that are approved by CalRecycle.

8.3.6.4 Contractor shall charge Customers for its Commercial/MF Organic Waste Recycling Program rates based on Container size, type and service frequency that do not exceed the maximum rates set forth in the attached Exhibit A.

8.3.6.5 On behalf of City, Contractor shall regularly identify opportunities for, barriers to, and incentives for Organic Waste recycling, and shall engage in Customer education and outreach related to Organic Waste recycling, all in a manner that ensures City is in compliance with its related obligations pursuant to the Applicable Laws. The method(s) by which Contractor contacts Customers for these purposes, unless otherwise specified, may be by any reasonable means Contractor desires (which may include direct mail, email, telephone calls, site visits and/or such other methods as Contractor reasonably deems appropriate), provided that such methods result in compliance with all obligations of the Applicable Laws, and any related requirements of CalRecycle.
104
384/026150-0014
19826024.5 a11/03/23 Page 12

8.3.6.6 Contractor shall identify Commercial and Multi-Family Dwelling Premises that create large amounts of Organic Waste, including specifically hotels, business parks, Multi-family Dwellings, Large Venues, Large Events and Tier 1 and Tier 2 Commercial Edible Food Generators. Once identified, Contractor shall engage in education and outreach efforts, including specifically by providing access to employee training materials, in order to encourage such Customers to utilize the Commercial/MF Organic Waste Recycling Program. Contractor shall specifically advise such Customers if they are not in compliance with the Applicable Laws. If necessary for compliance with the Applicable Laws, or if requested by CalRecycle, Contractor shall conduct visual waste audits of Commercial and Multi-Family Dwelling Premises to evaluate their Organic Waste Collection requirements and service level needs. Contractor shall annually contact Customers on behalf of City in a manner that complies with the Applicable Laws, including at Premises that do not participate in Contractor’s Commercial/MF Organic Waste Recycling Program, utilize an in-house program, provide Edible Foods to Food Recovery Organizations or Food Recovery Services and/or otherwise recycle or divert Organic Waste. If requested by Customers, Contractor shall inspect their premises as part of such annual contact, and provide training to employees, in a manner reasonably approved by City, regarding the requirements of the Applicable Laws. Contractor shall provide copies to City of waste assessments performed each quarter and submit copies of all waste assessments as part of the annual report to the City in accordance with Section 23 of the Agreement as amended by this Second Amendment. In the event a Customer refuses to participate in Contractor’s Commercial/MF Organic Waste Recycling Program, and does not report to Contractor that it achieves compliance with its obligations under the Applicable Laws through other methods, Contractor shall provide City with the Customer’s name, address, contact information and such other information available to Contractor as may be requested by City or CalRecycle, in a format approved by City.

8.3.6.7 Contractor, with such support from City as may be reasonably necessary, shall perform at least the following outreach as part of its Commercial/MF Organic Waste Recycling Program to all applicable Customers:

8.3.6.7.1 Initial Direct Mailing Outreach to be performed by Contractor Contractor shall prepare a multi-lingual (at a minimum in English and Spanish, and such other languages as may be reasonably requested by City) letter regarding the requirements of AB 1826, SB 1383, AB 341 and all related regulations for City approval. Upon receipt of City approval, the letter shall be printed using the City’s electronic letterhead and mailed or delivered by Contractor to all Commercial and Multi-Family Dwelling Customers, informing such Customers of the availability of the Commercial/MF Organic Waste Recycling Program, the Multi-Family Dwelling Recycling Program, and the Commercial Recycling Program, and the requirements for compliance with AB 1826, SB 1383, and all related regulations. The letter shall note that subscription to the above noted Programs is mandatory under State law for Customers that do not receive an Organic Recycling Waiver from City or otherwise comply with their obligations as generators of Organic Waste as set forth in the Applicable Laws. This letter shall be distributed to Customers in a manner that complies with the Implementation, Outreach and Education Plan set forth in Exhibit H.

8.3.5.7.2 Initial Direct Mailing of Out of Compliance Outreach to be performed by Contractor
105
384/026150-0014
19826024.5 a11/03/23 Page 13
In the timeframe set forth in the Implementation, Outreach and Education Plan attached as Exhibit H, Contractor shall prepare a letter for City approval and mail or deliver it to all Customers who are not in compliance with their obligations related to under the Applicable Laws, including those related to SB 1383, AB 1826 and AB 341. The letter shall explain the requirements of the Applicable Laws, detail the Customer’s specific reasons for non-compliance, and explain the annual reporting requirements to CalRecycle. The letter is to be printed using the City’s electronic letterhead. Contractor shall concurrently provide City with a list of all Customers in noncompliance with their obligations under the Applicable Laws, (including but not limited to a contact person, service and billing addresses, phone number, email, account notes and any other information reasonably necessary) as well as all available information relating to any refusal by the Customer to participate in any program offered by Contractor to achieve compliance with the Applicable Laws, in order that such information may be utilized for enforcement purposes and included in reports to CalRecycle.

SECTION 15. Amendment to add Section 8.4(F) to the Agreement. Section

8.4(F) is added to the Agreement to read as follows:
(F) Contractor shall comply with all Applicable Laws in connection with Temporary Services it provides including without limitation the California Green Building Standards Code to the extent applicable to the Solid Waste Handling Services, and shall comply with any specific diversion levels and project-based diversion reporting that may be required thereby.

SECTION 16. Amendment to Section 8.5.3.4(G) of the Agreement. Section

8.5.3.4(G) of the Agreement is amended to read as follows:
(G) Provide City with advice on recycling, source reduction, and other technical assistance related to compliance with the Applicable Laws, including without limitation, assisting City in evaluating new development projects to ensure adequate planning occurs for Containers required by the Applicable Laws.

SECTION 17. Amendment to Section 10.8 of the Agreement. Section 10.8.3 is hereby added to the Agreement to read as follows:

10.8.3 Annual and Ongoing Organic Waste and Recycling Program Outreach to be performed by Contractor to all Customers at Commercial Premises, Multi-Family Dwellings and Single Family Dwellings.

10.8.3.1 Contractor, in coordination with City, shall annually contact all Customers and provide information related to the Commercial/MF Organic Waste Recycling Program, the Residential Organic Waste Recycling Program, and the Commercial, Multi-Family and Residential Recycling Programs, as applicable to each Customer, including at a minimum the information required by the Applicable Laws (including specifically the information required by 14 CCR Section 18985.1.) Contractor shall annually provide City with a list of all Customers in non-compliance with their obligations related to Organic Waste and/or Recyclable Materials under the Applicable Laws (including but not limited to a contact person, service and billing addresses, phone number, email, account notes and any other information reasonably necessary) as well as all available information relating to any refusal by the Customer to participate in either the 106
384/026150-0014
19826024.5 a11/03/23 Page 14
Commercial, Multi-Family or Residential Recycling Program or Residential or Commercial/MF Organic Waste Recycling Program, as applicable, in order that such information may be used for enforcement purposes and included in reports to CalRecycle.

10.8.3.2 The attached Exhibit H is Contractor’s initial Customer SB 1383 Implementation, Outreach and Education plan related to the services set forth in this Second Amendment, including specifically those related to SB 1383. Contractor shall implement and follow all timelines, planned tasks, and schedules contained in its Implementation, Outreach and Education plan, with the goal of educating Customers in advance of the implementation of new programs, services and service requirements. Not less than ninety (90) days prior to the anniversary of the effective date of this Second Amendment, Contractor shall submit a proposed update to the Implementation, Outreach and Education Plan for the upcoming year to City demonstrating its compliance with its obligations hereunder, which shall be subject to the City Manager’s reasonable approval. Contractor shall implement the activities identified in each annual update to the Implementation, Outreach and Education Plan in accordance with the time schedule to be included in such plan.

10.8.3.3 Contractor shall perform at least the following ongoing outreach efforts, and the City Manager may request that such efforts be modified as may be deemed necessary, which requests will be honored by Contractor so long as they are reasonable and cost neutral:

10.8.3.3.1 Provide Organic Waste recycling information to all Commercial and Multi-Family Dwelling Premises including Step by Step process; guidelines for new employee training; do’s and don’ts of separation; signage examples; source reduction suggestions; links to online Contractor and City programs/resources; Good Samaritan Law definition; information on environmentally preferable purchasing policies; and resource list of sustainability programs and toolkits from trade organizations like the National Restaurant Association and US Composting Council Curb to Compost Toolkit and/or government agencies like the EPA toolkit for Reducing Food Waste and Packaging and FTC Guidelines on compostable and degradable claims.

10.8.3.3.2 Provide samples of indoor and outdoor Container options and signage.

10.8.3.3.3 Contact or provide information to help identify Customer’s “startup team” to implement the program and provide long term support.

10.8.3.3.4 If necessary or if requested by Customers, conduct a comprehensive, inhouse, multi-lingual training with kitchen and janitorial staff.

10.8.3.3.5 Follow-up and monitor to ensure successful participation, which shall include visual audits and additional training when reasonably necessary.

10.8.3.3.6 Create solutions for the identified challenges and waste stream specifics.

10.8.3.3.7 Provide Customers with outreach and educational materials, which materials shall be updated as necessary on an annual basis in a manner approved by City.

10.8.3.3.8 Connect Customers with Food Recovery Organizations and Food Recovery Services.
107
384/026150-0014
19826024.5 a11/03/23 Page 15
SECTION 18. Container Contamination Monitoring. Contractor shall provide a Container contamination monitoring program in connection with all Customers that complies with all Applicable Laws, and is approved by the City, which at a minimum meets the following requirements:
(a) Contractor shall provide ongoing education and outreach to Customers that at a minimum meets the criteria set forth in Exhibit H, Contractor’s SB 1383 Implementation, Outreach and Education Plan developed enable it to implement the services set forth in this Second Amendment, including specifically those related to SB 1383, and which is intended to provide information related to the proper materials to place in each Container with sufficient specificity to enable Customers to understand Contractor’s Recycling and diversion program, and their obligations as Customers, and generators of Solid Waste, under the Applicable Laws, including compliance with City ordinances. Contractor shall implement and follow all timelines, planned tasks, procedures, proposed staffing assignments, and schedules contained in its implementation plan. (b) Contractor shall provide on-going monitoring of the contents of Containers, using a method that is approved by City and complies with all Applicable Laws including specifically, without limitation 14 CCR § 18984.5, and may accomplish its obligations hereunder by physical inspection of the contents of Containers by Collection personnel at the time of Collection, or use of cameras which view, record, and save images of the contents of Containers.
(c) In the event Contractor encounters a “Contaminated Container,” meaning fifteen percent (15%) or more of the contents of the Container is comprised of materials other than that for which the Container is designated, Contractor shall document the Contaminated Container in a manner satisfactory to City which at a minimum demonstrates (i) fifteen percent (15%) or more of the contents of the Container is comprised of materials other than that for which the Container is designated, and (ii) the identity of the Customer to whom the Container was provided by Contractor. Contractor shall record such event in a computer logging/data-base system and include the date, time, Customer’s address, type of Container (i.e., whether designated for general Solid Waste, Organic Waste, or Recyclable Materials) and may include video or photographic evidence of the contamination directly connecting it to the Customer/owner of the Container, and shall retain the video/photographic evidence, if any, of the incident to enable reasonable review, including review in connection with challenges by Customers to Contractor’s determination that a Customer set out a Contaminated Container for Collection. Contractor shall notify the Customer of the contamination incident as soon as reasonably feasible, and provide the information required by this Section to the Customer upon request. In addition, Contractor shall provide the Customer with education materials related to the appropriate items to be placed in each Container. Contractor shall maintain the forgoing records and provide them to the City as part of its quarterly reporting, or more frequently if necessary to comply with enforcement obligations set forth in the Applicable Laws. (d) Upon discovering a Contaminated Container, Contractor shall also leave a notice on site for the Customer at a location where the Customer is reasonably likely to observe it.

Contractor shall then Collect the Contaminated Container and deliver the contents to a 108
384/026150-0014
19826024.5 a11/03/23 Page 16
facility properly permitted to receive it. Contractor shall Collect a Contaminated Container no later than the end of the business day following its regularly scheduled Collection day. (e) Commencing on the anniversary of the effective date of this Second Amendment, if Contractor observes the same Customer at a Single Family Dwelling setting out a Contaminated Container for Collection more than three (3) times in any six-month rolling period, Contractor may charge a contamination fee in an amount that does not exceed that set forth in Exhibit A for each such instance exceeding three (3) in such period. Contractor may charge Customers at Commercial Premises a contamination fee in an amount that does not exceed that set forth in Exhibit A for each occurrence upon which a Contaminated Container is placed out for Collection. In order to impose a contamination fee, Contractor shall have complied with subsections (c) and (d) above, and shall additionally provide the date of the contamination incident as part of an invoice to the Customer related to the contamination fee; as well as a notification that any challenge to the contamination fee must occur within sixty (60) days of the date of the invoice. The invoice shall also provide information regarding how to present a challenge to the appropriateness of the contamination fee. Contractor shall establish a process for Customers to bring such challenges, which shall include an opportunity for Customers to receive the information required in subsection (c) and (d), and to present to Contractor any evidence it may have supporting the Customer’s challenge to the contamination fee. Contractor’s process for dispute resolution shall be subject to the City Manager’s reasonable approval. Contractor shall provide City with a summary of any such challenges including Contractor’s determination as to whether to impose the contamination fee, and the City Manager shall have the ability to overrule any such determination based upon substantial evidence supporting such decision.
(f) Contractor shall provide information to City regarding Contaminated Containers in the reports it submits to City, with sufficient specificity to enable City to determine if enforcement action against the Customer is warranted and meet the reporting requirements of SB 1383. In addition, Contractor shall maintain the above noted records related to contamination and provide them to City, and otherwise assist City with such enforcement efforts as City may deem appropriate.
(g) Contractorshall meet its SB 1383 Regulations contamination monitoring requirements using either route reviews or waste evaluations on an ongoing basis in a manner that meets the requirements of 14 CCR § 18984.5, and is approved by City. Once such action is completed, Contractor shall provide any notification to Customers as may be required by the Applicable Laws. Contractor shall keep records of the reviews conducted pursuant to this provision, including specifically the records required by 14 CCR § 18984.6, and provide such records to City upon request. In addition, Contractor shall include a summary of such information in a form acceptable to City, in its monthly, quarterly, and annual reports to City.
(h) Nothing in this Section shall prohibit Contractor from meeting its compliance requirements by any alternative methods or procedures, reasonably acceptable to City, provided such methods or procedures comply with the Applicable Laws. 109
384/026150-0014
19826024.5 a11/03/23 Page 17
SECTION 19. Amendment to Section 8.1.6 of the Agreement. Section 8.1.6 of the Agreement is amended in its entirety to read as follows:

8.1.6 Commingling of Routes
Contractor’s obligation to establish routes for all Customers in City shall include an obligation to provide City with maps, or other means satisfactory to City by which such routes can be sufficiently identified so as to enable the City to effectuate and comply with its obligations pursuant to 14 CCR §§ 18984.5 and 18984.6. Contractor shall not during its Collection process commingle Solid Waste Collected hereunder with Solid Waste Collected in any other city, or on behalf of any other entity operating or existing within City that is not subject to this Agreement, and is specifically prohibited from combining Collection routes related to services provided pursuant to this Agreement with Collection routes for other jurisdictions it may service.

Notwithstanding the forgoing, if Contractor utilizes a methodology satisfactory to the City Manager and CalRecycle to account for one or more types of Solid Waste Collected within City, and Contractor obtains the written consent of the City Manager for Contractor to commingle such Solid Waste with Solid Waste Collected from other jurisdictions, Contractor may commingle such Solid Waste Collected within the City in a Collection Vehicle with Solid Waste Collected from Premises in other jurisdictions. The City Manager may grant his/her consent for such commingling in his/her absolute and sole discretion if he/she determines the methodology used to account for commingled Solid Waste is reasonably likely to result in the City being in compliance with the Applicable Laws; and, similarly may withdraw his/her consent if he/she determines the methodology used to account for commingled Solid Waste is reasonably likely to result in the City not being in compliance with the Applicable Laws.

SECTION 20. Edible Food Recovery. Contractor shall assist City and Customers in meeting their obligations set forth in 14 CCR Chapter 12, Article 10 §§ 18985.1 through 18985.5, by at a minimum providing the following services:
(a) Contractor has identified all Commercial Customers that meet the definition of Tier One and Tier Two Commercial Edible Food Generators. Contractor shall identify all new Customers meeting this criteria on an ongoing basis. Contractor shall create, and keep current, a list of such Customers which list shall include: Customer name; service address; contact information; Tier One or Tier Two classification; type of business (as it relates to the Tier One and Tier Two Commercial Edible Food Generator definitions); and such other information as may be required by City to enable it to contact the Customer. Contractor shall provide a summary of this information in a form acceptable to City as part of its monthly, quarterly, and annual reports to City.
(b) Contractor shall cooperate with and assist City and/or its consultants in conducting annual inspections of Tier One and Tier Two Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services to assess their compliance with the requirements of 14 CCR Chapter 12 Article 10.
(c) At least annually Contractor shall provide Tier One and Tier Two Commercial Edible Food Generators with the following information:
110
384/026150-0014
19826024.5 a11/03/23 Page 18
(i) Information about the Contractor’s and/or City’s Edible Food Recovery program;
(ii) Information about the Commercial Edible Food Generator requirements under 14 CCR Chapter 12 Article 10;
(iii) Information about Food Recovery Organizations and Food Recovery Services operating within the City, including information regarding how to contact such Food Recovery Organizations and Food Recovery Services; and, (iv) Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.
(d) Contractor may provide the information required by this Section to Customers by including it with regularly scheduled notices, education and outreach materials, billing inserts, or other information disseminated to Commercial Businesses. (e) Contractor shall cooperate with City, Food Recovery Organizations, and/or Food Recovery Services in connection with the implementation, expansion, or operation of Food Recovery efforts in the City.
(f) Contractor shall assist City, as well as operators of Large Venue’s and Large Events with reporting and other assistance necessary to meet their Edible Food Recovery related requirements under the Applicable Laws, including without limitation, SB 1383 and its implementing regulations.
(g) Contractor shall keep records of its efforts in connection with this Section, as well as records that provide its best estimate of the total tonnage of Edible Food recovered within City, and shall provide summaries of such information in a form acceptable to City as part of its monthly, quarterly, and annual reports to City.

SECTION 21. Assistance with Organic Recycling Waivers
(a) Contractor shall assist Customers in assessing if they qualify for an Organics Recycling Waiver, and provide such assistance as may be necessary for the Customer and City to evaluate any application submitted for such a Waiver. Such assistance shall include a review of the Customer’s Waiver application, and providing City with any information, including video/photographs or data regarding the Customer’s Premises, service levels or other factors which may be necessary to enable City to evaluate a waiver request. (b) City shall advise Contractor of any Organics Recycling Waivers it grants. Thereafter, at least once every five (5) years, or more often if requested by City, Contractor shall conduct such investigation and fact finding as may be necessary to verify that the criteria by which City granted the Waiver continues to exist.
111
384/026150-0014
19826024.5 a11/03/23 Page 19
(c) Contractor shall maintain a record of each Organics Recycling Waiver, and any efforts it undertakes in connection with verifying ongoing applicability of the Waiver criteria. A summary of such information shall be provided by Contractor, in a form acceptable to City along with Contractor’s monthly, quarterly, and annual reports to City.

SECTION 22. Amendment to Section 26 of the Agreement. Section 26 of the Agreement is hereby amended to read as follows:

Section 26 County Agreement and City’s Flow Control Option City shall have the authority to choose the location for the delivery and/or disposal of all Solid Waste, including without limitation Recyclable Materials, Organic Waste, and construction and demolition waste Collected pursuant to this Agreement (hereinafter City’s “Flow Control Option”). Contractor expressly consents to City’s exercise of it's Flow Control Option, and waives any and all rights to challenge City’s ability to do so, including without limitation any rights under the Commerce Clause of the United States Constitution. As of the Effective Date, City shall be deemed to have exercised its Flow Control Option so as to require disposal of Solid Waste Collected hereunder in a manner consistent with its obligations under the County Agreement (including, without limitation, its obligations related to Solid Waste that is delivered to a processing/transfer facility prior to being delivered to a landfill for disposal), and Contractor has agreed to handle all Solid Waste Collected hereunder in a manner consistent with City’s exercise of its Flow Control Option as noted above. Contractor may utilize the Approved Facility(ies) for the delivery, transfer and processing of Recyclable Materials and Organic Waste understanding any residue from processing must be handled in a manner that is consistent with City’s obligations under the County Agreement. Notwithstanding any provision of the Agreement to the contrary, at any time during the Term of the Agreement the City Manager may notify Contractor in writing that City desires to exercise its Flow Control Option with regard to the Recyclable Materials and/or Organic Waste; or, alternatively, that it no longer desires to exercise its Flow Control Option as noted above. In the event City so notifies Contractor, the Parties shall work together to arrive at an adjustment to the maximum rates set forth in Exhibit A, either upward or downward as the case may be, to reflect any increased or decreased costs Contractor incurs as a result of the resulting change.

SECTION 23. Reports. The Following provisions are added to Section 23 of the Agreement related to reporting:
(a) General Application and Interpretation.

Contractor agrees to provide all information in its control necessary for City to meet its quarterly, and annual reporting obligations under the Applicable Laws, and to do so in a format reasonably acceptable to City. The following provisions shall supplement the reporting requirements of the Agreement, generally found in Section 23 thereof (and may be duplicative of existing requirements), and are intended to be read together with existing reporting requirements.

The express requirements set forth herein are not intended as a limitation, but rather set forth minimums which Contractor shall comply with in order to meet its obligation to provide information and reports. Contractor shall provide any additional information or reports requested by City to enable it to meet its obligations under the Applicable Laws not set forth herein. All 112
384/026150-0014
19826024.5 a11/03/23 Page 20
reports shall be prepared in a manner that will enable the City to meet its current, and any future reporting requirements to CalRecycle under the Applicable Laws. Any ambiguity between the existing provisions of the Agreement and the requirements set forth herein shall be resolved by the City Manager.
(b) Use of Reporting Software.

Contractor shall utilize computer software, satisfactory to City, designed for monitoring and reporting related to the Organic Waste diversion obligations spelled out in the Applicable Laws, and shall be responsible for costs associated therewith. (c) Customized Reports.

Upon request from City, Contractor shall prepare and provide customized reports from records Contractor is required to maintain on an as needed basis to assist City in responding to requests from CalRecycle.
(d) Reports.

At a minimum, Contractor shall on a quarterly basis report the following to the City, with each quarterly report including a year-to-date summary page as well as the data submitted from the quarterly report(s) submitted in the previous calendar year:
(i) total quantities in tons of Diversion in a manner that complies with the Applicable Laws and is acceptable to CalRecycle.
(ii) number of Containers, broken down by Container type utilized and Container capacity
(iii) the total number of Organic Recycling Waivers, and/or waivers related to the recycling requirements of AB 341, which were granted and the total number of related verifications performed by Contractor
(iv) total number of Organic Recycling Waivers and/or waivers related to the recycling requirements of AB 341, which were requested and a summary of status of each (v) a report of contamination monitoring activities including:
▪ the number of route reviews and/or waste evaluations conducted and a summary thereof;
▪ a description of the process used for determining the level of contamination;
▪ a summary of actions taken in cases where contamination was identified ▪ a summary of contamination fees assessed, broken down by Customer type and amounts.
(vi) a report listing all complaints asserting lack of compliance with any of the Applicable Laws, including specifically SB 1383, AB 1826 and AB 341, and a summary of action taken in connection with each.
113
384/026150-0014
19826024.5 a11/03/23 Page 21
(vii) a report of activities related to Edible Food Generators as required by CalRecycle, including, but not limited to:
▪ the total number of known Tier One and Tier Two Commercial Edible Food Generators located within the City.
▪ the number of known Food Recovery Services and Food Recovery Organizations located and operating within the City that contract or have written agreements with Commercial Edible Food Generators for Food Recovery
▪ the number of Tier One and Tier Two Commercial Edible Food Generators participating in an Edible Food Recovery program (e) Annual Report
Contractor shall on an annual basis provide a summary of the information required in the quarterly reports, in a format reasonably acceptable to City, and such other information and/or back up data as may be requested by City to enable it to comply with its obligations under the Applicable Laws.

SECTION 24. Amendment to Exhibit B – Container Specifications. Exhibit B to the Agreement which provides specifications for Contractor’s Containers is amended to read in its entirety as set forth in the revised Exhibit hereto and incorporated herein.

SECTION 25. Amendment to Section 18.7.3. Section 18.7.3 of the Agreement is amended to add a new subsection 18.7.3.5 each to read as follows:

18.7.3.5 Compliance with SB 1383 and Related Obligations (A) Use of Unauthorized Facilities. For each individual occurrence, which does not constitute a force majeure event, of delivering materials Collected to other than an Approved Facility(ies) - $100 per route per occurrence . (B) Failure to Perform Contamination Monitoring Requirements. For each failure to timely conduct required contamination monitoring - $100 per route per occurrence.
(C) Failure to Conduct Compliance Tasks. For each failure to timely conduct any required compliance review - $100 per occurrence.
(D) Failure to Issue Contamination Notices/Maintain Records. For each failure to timely issue contamination notices and/or properly maintain records related to an incident of contamination - $100 per incident.

SECTION 26. Amendment to Section 24.3 of the Agreement. Section 24.3 of the Agreement contains an adjustment formula based on the percentage change in the average for the twelve (12) month period ending on the date of March 31 immediately prior to the applicable Adjustment Date in the Anaheim-Los Angeles-Riverside Consumer Price Index (“CPI”). This formula is hereby amended so as to apply to the percentage change in the average for the twelve 114
384/026150-0014
19826024.5 a11/03/23 Page 22
(12) month period ending December 31 of the calendar year immediately prior to the applicable Adjustment Date in the Consumer Price Index for All Urban Consumers, CUURS49CSA0 not seasonally adjusted, all items index (CPI-U) – All items in Riverside-San Bernardino-Ontario (“CPI”), and otherwise the adjustment formula in Section 24.3 remains unchanged.

SECTION 27. Amendment to Section 24.5 of the Agreement. Section 24.5 of the Agreement is amended in its entirety to read as follows:

24.5 Disposal Component Adjustments
It is the intention of the parties that the disposal component associated with any of the maximum rates as set forth in Exhibit A shall be adjusted no more often than annually on each Adjustment Date such that they reflect each Customers pro-rata share of any increase or decrease in the actual tipping fees charged by the County of San Bernardino landfill system, and actual, processing fees paid by Contractor for processing Recyclable Materials and Organic Waste.

Recognizing that the disposal component is comprised of and intended to be a pass through of actual costs incurred as tipping fees and processing fees, associated with the Approved Facilities set forth in Exhibit G, and that tipping fees vary for each such facility, the disposal costs for each upcoming year will be based on actual costs incurred in the prior year. To accomplish this, in advance of each Adjustment Date, Contractor shall tabulate the actual tonnage of Solid Waste delivered to each of the Approved Facilities during the prior calendar year. The increase if any in tipping fees for the upcoming year at each Approved Facility shall then be proportionately applied to the tonnages of Solid Waste delivered to each, such that the adjustment to the disposal component will reflect a pass through of actual costs incurred at each of the different Approved Facilities utilized. Once established, the overall increase to the disposal component will be allocated on a pro-rata basis amongst each category of Customers for the upcoming year.

Contractor shall propose the annual adjustment to the disposal component, as well as the proposed apportionment of disposal tonnage per category of Customer to the City Manager each year in connection with the annual rate adjustment referenced in Section 24.3 above, along with all data used to calculate the proposal, and such proposal shall be subject to the City Manager’s approval (with the City Manager’s determination as to the appropriate allocation being final.) The City Manager may approve the proposed adjustments to the disposal component associated with the maximum rates set forth on Exhibit A in connection with any Adjustment Date or, in his discretion, may refer such approval to the City Council.

SECTION 28. Dedicated Recycling Coordinator
Contractor shall provide a Recycling coordinator for City who shall be responsible for assisting with public education and outreach as well as compliance with AB 939, AB 341, AB 1826, SB 1383, related Food Recovery efforts, and such other of the Applicable Laws related to Diversion and Recycling as may be applicable during the Term. The Recycling coordinator shall coordinate with City in connection with AB 939, AB 341, AB 1826, and SB 1383 program implementation and shall oversee and/or prepare reports required by CalRecycle, which shall be certified by Contractor as to completeness and accuracy, conduct public outreach and education, participate in and facilitate community events throughout the year to promote Contractor’s programs, and assist with resolution of Customer complaints. The Recycling coordinator shall 115
384/026150-0014
19826024.5 a11/03/23 Page 23
coordinate with City Staff on a regular basis, anticipated to be at least weekly, to discuss ongoing efforts, and any related issues. Contractor shall keep records documenting the Recycling coordinator’s activities, in a manner subject to the City Manager’s reasonable approval.

SECTION 29. Four Year Phase of SB 1383 Costs for Residential Customers.

The Parties agree the maximum rate should be adjusted upward by $4.92 per month per each Singe Family Dwelling Customer (the “SB 1383 SF Dwelling Adjustment”) in order to account for Contractor’s costs to provide the services mandated by the State in connection with SB 1383. As consideration for extending the Term, and to lessen the impact of the State mandated SB 1383 impacts on residents, Contractor has agreed to phase in this cost over a period of four (4) years as described herein. The maximum rates set forth in Exhibit A will apply, and such rates will remain in effect until July 1, 2025. These rates include 1/3 of the SB 1383 SF Dwelling Adjustment, or $1.64, of which $1.41 was added to the service component and $0.23 was added to the disposal component of the maximum rate for Standard 3-Cart Service after application of the rate adjustment formulas set forth in the Agreement. No adjustment to maximum rates for Standard 3-Cart Service at Single Family Dwellings shall occur on July 1, 2024. On each of the Adjustments Dates of July 1, 2025, and July 1, 2026, after application of the adjustment formulas set forth in Section 24, an additional 1/3 of the SB 1383 SF Dwelling Adjustment (or $1.64) shall be added to the maximum rate applicable to Standard 3-Cart Service at Single Family Dwellings, allocating $1.41 to the service component and $0.23 to the disposal component of such maximum rate.

SECTION 30. Amendment to Exhibit A
Exhibit A to the Agreement is hereby replaced in its entirety with the new Exhibit A attached hereto and incorporated herein.

SECTION 31. Procurement Agreement.

Procurement Agreement. Contractor agrees to act as a direct service provider on behalf of the City. Contractor shall coordinate and cooperate with the City in meeting its recovered Organic Waste product procurement target, as required by SB 1383 Regulations, 14 CCR Section 18993.1.

Contractor shall procure an annual quantity of Recovered Organic Waste Products in an amount not more than the quantity specified in the calculations used to determine the Service Component. Recovered Organic Waste Products shall comply with 14 CCR 18993.1(f).

Contractor shall comply with the recordkeeping and verification requirements of 14 CCR 18993.2.

SECTION 32. Amendment to Section 27.1(A)(4) of the Agreement. Section

27.1(A)(4) of the Agreement is amended to read as follows: “…(4) any challenge to the award of this Agreement.”
116
384/026150-0014
19826024.5 a11/03/23 Page 24
SECTION 33. Amendment to Section 8.6.2 of the Agreement. Section 8.6.2 of the Agreement is amended to read as follows:

8.6.2 Community Clean-up Events
Contractor shall participate in community clean up events three times per year, at which it provides Containers and Collection services as needed. Such events shall, to the degree possible, be coordinated to coincide with days upon which the County sponsors free dumping for such purposes.

SECTION 34. Unaffected Provisions Remain in Full Force. All provisions of the Agreement, as Amended by the First Amendment, excepting for those expressly amended by this Second Amendment, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to be effective as of November 8, 2023.

CITY OF ADELANTO
By:__________________________________
Gabriel Reyes,
Mayor
ATTEST:

By:__________________________________
Brenda Lopez,
City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
By:__________________________________
Todd O. Litfin, City Attorney

CONTRACTOR
AVCO DISPOSAL INC.

By:__________________________________
Its: _______________________________
117
384/026150-0014
19826024.5 a11/03/23 Page 25

ACKNOWLEDGEMENT AND CONSENT BY CORPORATE GUARANTOR
A. AVCO Disposal Inc. (“Contractor”) is an affiliate of Burrtec Waste Group, Inc. (Guarantor).

B. Guarantor has entered a Corporate Guaranty related to Contractor’s obligations pursuant to the Agreement, attached to the Agreement as Exhibit E (the “Guaranty”).

C. Guarantor hereby acknowledges and consents to the provisions of the forgoing Second Amendment, and agrees that its obligations as set forth in the Guaranty provided as Exhibit E to the Agreement, shall apply equally to the Agreement as amended by the First Amendment and Second Amendment as if fully restated.

GUARANTOR:

Burrtec Waste Group, Inc.

By:_________________________________
118
384/026150-0014
19826024.5 a11/03/23 Page 26

EXHIBIT A
Exhibit A as revised by the Second Amendment
119
384
/026150-0014
19826024.5 a11/03/23 Page 27 Total: Maximum Collection Service Disposal Rate to Frequency Component Component Customer Residential Carts (monthly) (includes refuse cart, 65 gal recycling cart, & 35 gal organics cart) Standard Service: One (1) ninety-five (95) gallon Refuse Cart 1 x/week 26.43 $ 10.78 $ 37.21 $ Standard Service: One (1) sixty-five (65) gallon Refuse Cart 1 x/week 26.47 $ 8.29 $ 34.76 $ Standard Service: One (1) thirty-five (35) gallon Refuse Cart 1 x/week 26.51 $ 5.80 $ 32.31 $ Discount for Senior/Disabled Citizens; One (1) Refuse Cart, Customer choice 1 x/week 18.06 $ 0.29 $ 18.35 $ of ninety-five (95), sixty-five (65) or thirty-five (35) gallons 65 gal organics upcharge 0.10 $ 15.01 $ 15.11 $ (The following rates also apply to Senior/Disabled) Each additional ninety-five (95) gallon Refuse Cart 1 x/week 10.66 $ - $ 10.66 $ Each additional sixty-five (65) gallon Refuse Cart 1 x/week 9.38 $ - $ 9.38 $ Each additional thirty-five (35) gallon Refuse Cart 1 x/week 9.00 $ - $ 9.00 $ Additional recycling carts up to a maximum of 2 1 x/week - $ - $ - $ Each additional ninety-five (95) gallon Refuse Cart pickup per collection 22.35 $ - $ 22.35 $ Each additional sixty-five (65) gallon Refuse Cart pickup per collection 22.35 $ - $ 22.35 $ Each additional thirty-five (35) gallon Refuse Cart pickup per collection 22.35 $ - $ 22.35 $ Each additional Refuse Cart for Senior/Disabled pickup per collection 14.13 $ - $ 14.13 $ Pull Out Service 1 x/week 17.63 $ - $ 17.63 $ Pull Out Service - Disabled 1 x/week - $ - $ No Charge Contamination Fee - Barrel per occurrence 22.35 $ - $ 22.35 $ Commercial Refuse Carts (monthly) First ninety-five (95) gallon Refuse Cart 1 x/week 47.84 $ 5.41 $ 53.25 $ Each additional ninety-five (95) gallon Refuse Cart 1 x/week 47.84 $ 5.41 $ 53.25 $ Exhibit A Adelanto Maximum Rates - 2023 120
384
/026150-0014
19826024.5 a11/03/23 Page 28 Total: Maximum Collection Service Disposal Rate to Frequency Component Component Customer Commercial & Multi-Family Green Waste (monthly) Thirty-five (35) gallon Cart 1 x/week 53.58 $ 7.01 $ 60.59 $ Thirty-five (35) gallon Cart 2 x/week 83.51 $ 14.03 $ 97.54 $ Thirty-five (35) gallon Cart 3 x/week 113.52 $ 21.04 $ 134.56 $ Thirty-five (35) gallon Cart 4 x/week 143.47 $ 28.04 $ 171.51 $ Thirty-five (35) gallon Cart 5 x/week 173.49 $ 35.05 $ 208.54 $ Thirty-five (35) gallon Cart 6 x/week 203.45 $ 42.06 $ 245.51 $ Sixty-five (65) gallon Cart 1 x/week 53.67 $ 13.03 $ 66.70 $ Sixty-five (65) gallon Cart 2 x/week 83.62 $ 26.04 $ 109.66 $ Sixty-five (65) gallon Cart 3 x/week 113.64 $ 39.06 $ 152.70 $ Sixty-five (65) gallon Cart 4 x/week 143.57 $ 52.08 $ 195.65 $ Sixty-five (65) gallon Cart 5 x/week 173.59 $ 65.10 $ 238.69 $ Sixty-five (65) gallon Cart 6 x/week 203.57 $ 78.11 $ 281.68 $ Ninety-five (95) gallon Cart 1 x/week 53.66 $ 19.03 $ 72.69 $ Ninety-five (95) gallon Cart 2 x/week 83.63 $ 38.06 $ 121.69 $ Ninety-five (95) gallon Cart 3 x/week 113.64 $ 57.09 $ 170.73 $ Ninety-five (95) gallon Cart 4 x/week 143.58 $ 76.11 $ 219.69 $ Ninety-five (95) gallon Cart 5 x/week 173.59 $ 95.15 $ 268.74 $ Ninety-five (95) gallon Cart 6 x/week 203.56 $ 114.18 $ 317.74 $ Each additional Green Waste Cart pickup per collection 53.66 $ 19.03 $ 72.69 $ 1.5 yrds bin 1 x/week 129.24 $ 42.81 $ 172.05 $ 1.5 yrds bin 2 x/week 196.03 $ 85.63 $ 281.66 $ 1.5 yrds bin 3 x/week 250.21 $ 128.45 $ 378.66 $ 1.5 yrds bin 4 x/week 305.98 $ 171.26 $ 477.24 $ 1.5 yrds bin 5 x/week 357.15 $ 214.08 $ 571.23 $ 1.5 yrds bin 6 x/week 408.74 $ 256.89 $ 665.63 $ 2 yrds bin 1 x/week 149.29 $ 57.09 $ 206.38 $ 2 yrds bin 2 x/week 241.45 $ 114.18 $ 355.63 $ 2 yrds bin 3 x/week 315.23 $ 171.26 $ 486.49 $ 2 yrds bin 4 x/week 390.68 $ 228.35 $ 619.03 $ 2 yrds bin 5 x/week 501.35 $ 285.44 $ 786.79 $ 2 yrds bin 6 x/week 538.93 $ 342.51 $ 881.44 $ 3 yrds bin 1 x/week 166.35 $ 85.63 $ 251.98 $ 3 yrds bin 2 x/week 269.02 $ 171.26 $ 440.28 $ 3 yrds bin 3 x/week 351.22 $ 256.89 $ 608.11 $ 3 yrds bin 4 x/week 435.28 $ 342.51 $ 777.79 $ 3 yrds bin 5 x/week 558.58 $ 428.15 $ 986.73 $ 3 yrds bin 6 x/week 600.43 $ 513.78 $ 1,114.21 $ Commercial Food Waste (monthly) 121
384
/026150-0014
19826024.5 a11/03/23 Page 29 Total: Maximum Collection Service Disposal Rate to Frequency Component Component Customer Thirty-five (35) gallon Cart 1 x/week 53.58 $ 23.31 $ 76.89 $ Thirty-five (35) gallon Cart 2 x/week 83.51 $ 46.63 $ 130.14 $ Thirty-five (35) gallon Cart 3 x/week 113.52 $ 69.94 $ 183.46 $ Thirty-five (35) gallon Cart 4 x/week 143.48 $ 93.26 $ 236.74 $ Thirty-five (35) gallon Cart 5 x/week 173.48 $ 116.58 $ 290.06 $ Thirty-five (35) gallon Cart 6 x/week 203.45 $ 139.89 $ 343.34 $ Sixty-five (65) gallon Cart 1 x/week 53.68 $ 43.30 $ 96.98 $ Sixty-five (65) gallon Cart 2 x/week 83.63 $ 86.60 $ 170.23 $ Sixty-five (65) gallon Cart 3 x/week 113.64 $ 129.90 $ 243.54 $ Sixty-five (65) gallon Cart 4 x/week 143.57 $ 173.19 $ 316.76 $ Sixty-five (65) gallon Cart 5 x/week 173.59 $ 216.49 $ 390.08 $ Sixty-five (65) gallon Cart 6 x/week 203.56 $ 259.79 $ 463.35 $ 2 yrds bin 1 x/week 149.28 $ 144.33 $ 293.61 $ 2 yrds bin 2 x/week 241.45 $ 288.65 $ 530.10 $ 2 yrds bin 3 x/week 315.22 $ 432.99 $ 748.21 $ 2 yrds bin 4 x/week 390.68 $ 577.31 $ 967.99 $ 2 yrds bin 5 x/week 501.35 $ 721.64 $ 1,222.99 $ 2 yrds bin 6 x/week 538.93 $ 865.96 $ 1,404.89 $ Multi-Family Organics (food & green waste), monthly Thirty-five (35) gallon Cart 1 x/week 54.94 $ 3.89 $ 58.83 $ Thirty-five (35) gallon Cart 2 x/week 109.87 $ 7.78 $ 117.65 $ Thirty-five (35) gallon Cart 3 x/week 164.82 $ 11.66 $ 176.48 $ Thirty-five (35) gallon Cart 4 x/week 219.75 $ 15.54 $ 235.29 $ Thirty-five (35) gallon Cart 5 x/week 274.68 $ 19.43 $ 294.11 $ Thirty-five (35) gallon Cart 6 x/week 329.63 $ 23.31 $ 352.94 $ Sixty-five (65) gallon Cart 1 x/week 55.05 $ 7.21 $ 62.26 $ Sixty-five (65) gallon Cart 2 x/week 110.10 $ 14.44 $ 124.54 $ Sixty-five (65) gallon Cart 3 x/week 165.15 $ 21.65 $ 186.80 $ Sixty-five (65) gallon Cart 4 x/week 220.20 $ 28.86 $ 249.06 $ Sixty-five (65) gallon Cart 5 x/week 275.25 $ 36.09 $ 311.34 $ Sixty-five (65) gallon Cart 6 x/week 330.30 $ 43.30 $ 373.60 $ 122 384
/026150-0014
19826024.5 a11/03/23 Page 30 Total: Maximum Collection Service Disposal Rate to Frequency Component Component Customer Residential Bins - Refuse (with recycling & organics carts), monthly 1.5 yrds bin 1 x/week 70.51 $ 19.99 $ 90.50 $ 1.5 yrds bin 2 x/week 126.39 $ 37.09 $ 163.48 $ 1.5 yrds bin 3 x/week 182.23 $ 54.18 $ 236.41 $ 2 yrds bin 1 x/week 88.49 $ 25.69 $ 114.18 $ 2 yrds bin 2 x w/ eek 162.35 $ 48.48 $ 210.83 $ 2 yrds bin 3 x w/ eek 236.18 $ 71.26 $ 307.44 $ 3 yrds bin 1 x w/ eek 128.16 $ 37.09 $ 165.25 $ 3 yrds bin 2 x w/ eek 241.02 $ 71.26 $ 312.28 $ 3 yrds bin 3 x w/ eek 354.20 $ 105.45 $ 459.65 $ 3 yrds bin 4 x w/ eek 467.36 $ 139.63 $ 606.99 $ 3 yrds bin 5 x/week 580.50 $ 173.81 $ 754.31 $ 3 yrds bin 6 x/week 693.71 $ 207.99 $ 901.70 $ Commercial Bins - Refuse (monthly) 1.5 yrds bin 1 x w/ eek 65.71 $ 17.09 $ 82.80 $ 1.5 yrds bin 2 x w/ eek 131.41 $ 34.19 $ 165.60 $ 1.5 yrds bin 3 x/week 197.10 $ 51.28 $ 248.38 $ 2 yrds bin 1 x/week 86.96 $ 22.79 $ 109.75 $ 2 yrds bin 2 x/week 173.92 $ 45.58 $ 219.50 $ 2 yrds bin 3 x/week 260.87 $ 68.36 $ 329.23 $ 3 yrds bin 1 x/week 133.19 $ 34.19 $ 167.38 $ 3 yrds bin 2 x/week 265.70 $ 68.36 $ 334.06 $ 3 yrds bin 3 x/week 398.55 $ 102.55 $ 501.10 $ 3 yrds bin 4 x/week 531.37 $ 136.73 $ 668.10 $ 3 yrds bin 5 x/week 664.18 $ 170.91 $ 835.09 $ 3 yrds bin 6 x/week 797.05 $ 205.09 $ 1,002.14 $ 123
384
/026150-0014
19826024.5 a11/03/23 Page 31 Total: Maximum Collection Service Disposal Rate to Frequency Component Component Customer Commercial & Multi-Family - Recycling (monthly) First sixty-five (65) gallon or ninety-five (95) gallon Recycling Cart 1 x/week 45.36 $ 2.54 $ 47.90 $ First sixty-five (65) gallon or ninety-five (95) gallon Recycling Cart 2 x/week 89.45 $ 5.08 $ 94.53 $ First sixty-five (65) gallon or ninety-five (95) gallon Recycling Cart 3 x/week 134.18 $ 7.61 $ 141.79 $ Each additional Recycling Cart pickup per collection 45.36 $ 2.54 $ 47.90 $ 1.5 yrds bin 1 x/week 53.49 $ 8.01 $ 61.50 $ 1.5 yrds bin 2 x/week 106.97 $ 16.04 $ 123.01 $ 1.5 yrds bin 3 x/week 160.43 $ 24.05 $ 184.48 $ 2 yrds bin 1 x/week 70.62 $ 10.69 $ 81.31 $ 2 yrds bin 2 x/week 141.26 $ 21.38 $ 162.64 $ 2 yrds bin 3 x/week 211.87 $ 32.06 $ 243.93 $ 3 yrds bin 1 x/week 108.84 $ 16.04 $ 124.88 $ 3 yrds bin 2 x/week 216.95 $ 32.06 $ 249.01 $ 3 yrds bin 3 x/week 325.44 $ 48.10 $ 373.54 $ 3 yrds bin 4 x/week 433.88 $ 64.13 $ 498.01 $ 3 yrds bin 5 x/week 542.30 $ 80.16 $ 622.46 $ 3 yrds bin 6 x/week 650.81 $ 96.20 $ 747.01 $ Manure Bins (monthly) 1.5 yrds bin 1 x/week 41.06 $ 57.73 $ 98.79 $ 1.5 yrds bin 2 x/week 82.18 $ 115.46 $ 197.64 $ 2 yrds bin 1 x/week 82.18 $ 115.46 $ 197.64 $ 2 yrds bin 2 x/week 164.33 $ 230.93 $ 395.26 $ 3 yrds bin 1 x/week 123.29 $ 173.19 $ 296.48 $ 3 yrds bin 2 x/week 246.54 $ 346.39 $ 592.93 $ 3 yrds bin 3 x/week 369.80 $ 519.58 $ 889.38 $ 124
384
/026150-0014
19826024.5 a11/03/23 Page 32 Total: Maximum Collection Service Disposal Rate to Frequency Component Component Customer Multi-Family Bins - Refuse (inc ul des Bulky Items), monthly 1.5 yrds bin 1 x/week 82.77 $ 17.09 $ 99.86 $ 1.5 yrds bin 2 x/week 165.54 $ 34.19 $ 199.73 $ 1.5 yrds bin 3 x/week 248.28 $ 51.28 $ 299.56 $ 2 yrds bin 1 x/week 109.71 $ 22.79 $ 132.50 $ 2 yrds bin 2 x/week 219.42 $ 45.58 $ 265.00 $ 2 yrds bin 3 x/week 329.12 $ 68.36 $ 397.48 $ 3 yrds bin 1 x/week 167.31 $ 34.19 $ 201.50 $ 3 yrds bin 2 x/week 333.95 $ 68.36 $ 402.31 $ 3 yrds bin 3 x/week 500.93 $ 102.55 $ 603.48 $ 3 yrds bin 4 x/week 667.87 $ 136.73 $ 804.60 $ 3 yrds bin 5 x/week 834.80 $ 170.91 $ 1,005.71 $ 3 yrds bin 6 x/week 1,001.80 $ 205.09 $ 1,206.89 $ Roll-Off & Compactor Services Ten (10) yard Roll-Off Refuse Box per pickup 328.11 $ 337.94 $ 666.05 $ Twenty (20) yard Roll-Off Refuse Box per pickup 328.11 $ 337.94 $ 666.05 $ Thirty (30) yard Roll-Off Refuse Box per pickup 328.11 $ 337.94 $ 666.05 $ Forty (40) yard Roll-Off Refuse Box per pickup 328.11 $ 337.94 $ 666.05 $ Forty (40) yard Refuse Compactor per pickup 328.11 $ 540.70 $ 868.81 $ Ten (10) yard Compactor Refuse Box per pickup 328.11 $ 337.94 $ 666.05 $ Twenty (20) yard Compactor Refuse Box per pickup 328.11 $ 337.94 $ 666.05 $ Forty (40) yard Compactor Refuse Box per pickup 328.11 $ 337.94 $ 666.05 $ Ten (10) yard Recycling Box (plus/minus disposal) per pickup 275.08 $ - $ 275.08 $ Twenty (20) yard Recycling Box (plus/minus disposal) per pickup 275.08 $ - $ 275.08 $ Forty (40) yard Recycling Box (plus/minus disposal) per p ci kup 275.08 $ - $ 275.08 $ Dry Run Fee per occurrence 98.83 $ - $ 98.83 $ Relocation Fee per occurrence 98.83 $ - $ 98.83 $ Rental Fee (daily when exceeding 7 days) per occurrence 29.96 $ - $ 29.96 $ Front Loader Clean Up per occurrence 348.16 $ - $ 348.16 $ Roll Off Clean Up per occurrence 206.41 $ - $ 206.41 $ 125 384
/026150-0014
19826024.5 a11/03/23 Page 33 Total: Maximum Collection Service Disposal Rate to Frequency Component Component Customer Commercial & Multi-Family Miscellaneous Fees Extra Pick up Barrel per occurrence 22.35 $ - $ 22.35 $ Extra Pick up 1.5 Yard Bin per occurrence 33.24 $ - $ 33.24 $ Extra Pick up 2 Yard Bin per occurrence 43.44 $ - $ 43.44 $ Extra Pick up 3 Yard Bin per occurrence 62.30 $ - $ 62.30 $ Extra Pick up Food Waste Barrel/Bin per occurrence 60.66 $ - $ 60.66 $ Locking Bin per occurrence 8.68 $ - $ 8.68 $ Bulky Items (up to 5), does not apply to MF per occurrence 59.00 $ - $ 59.00 $ Push Out (per pick-up/month) 0-25 ft per occurrence - $ - $ - $ 26-50 ft per occurrence 21.98 $ - $ 21.98 $ Over 51 ft per occurrence 118.90 $ - $ 118.90 $ Contamination Fee - Recycling Commercial/MF Barrel per occurrence 28.56 $ - $ 28.56 $ - Recycling Commercial/MF Bin per occurrence 68.53 $ - $ 68.53 $ - Food Waste Commercial Barrel/Bin per occurrence 79.44 $ - $ 79.44 $ - Green Waste Commercial Barrel/Bin per occurrence 68.53 $ - $ 68.53 $ - Organics MF Barrel per occurrence 79.44 $ - $ 79.44 $ Extra Bin Cleaning per occurrence 105.31 $ - $ 105.31 $ Temp Bin - 3 Yrd (7 Days) per occurrence 155.45 $ - $ 155.45 $ Dump & Return - Temp Bin per occurrence 155.45 $ - $ 155.45 $ Temporary Bin - Clean Up per occurrence 155.45 $ - $ 155.45 $ Residential, Commercial, & MF Barrel Exchange (first exchange free) per occurrence 21.41 $ - $ 21.41 $ Barrel Replacement (resdl-customer damaged) per occurrence 92.23 $ - $ 92.23 $ Bin Exchange (one exchange per year at no charge, does not apply to graffiti or damaged bins) per occurrence 106.71 $ - $ 106.71 $ Bin Replacement + actual cost of bin comml-lost or stolen per occurrence 115.75 $ - $ 115.75 $ 126
384/026150-0014
19826024.5 a11/03/23 Page 34

EXHIBIT B

EXHIBIT B AS REVISED BY THE SECOND AMENDMENT

CONTAINER SPECIFICATIONS
• All Containers utilized by Contractor shall meet the standards of the industry and shall perform to the reasonable satisfaction of the City Manager in order to be utilized in City. Container sizes specified within this Agreement may vary by manufacturer type and specifications up to 10% more or less in volume than that identified.
• Each Container used for the Collection of Refuse, Organic Waste, and Recyclable Material distributed in City after the effective date of the Second Amendment shall be labeled in English and Spanish and with graphics so as to: (1) explain/depict the items designated to be Collected in the Container, and (2) identify the name of Contractor for service related issues, including complaints. • Any Cart distributed by Contractor in City after the effective date of the Second Amendment shall be newly manufactured and have never previously been used for the Collection of Solid Waste; excepting that Carts which have been refurbished such that they are “like new” may be used so long as their condition is satisfactory as determined by the City Manager
• Upon the effective date of the Second Amendment, and at all times thereafter during the Term, all Containers used by Contractor shall comply with the requirements of the Applicable Laws.
• Contractor shall develop an assessment criteria that shall be approved by the City Manager whereby each Container shall meet one of two criteria “acceptable condition” or “poor condition.” Contractor shall perform an ongoing assessment of all Containers distributed in the City, on at least an annual basis, and any Container that is found to be in the “poor condition” category shall be replaced within 60 days. If at any time a Customer complains that the condition of its Container is unsatisfactory, Contractor shall replace such Customer’s Container within 60 days (although Contractor shall not be required to do so if, as determined by the City Manager, the Customer’s Container is in an “acceptable condition” and the Customer is being unreasonable.)
127

EXHIBIT G

APPROVED FACILITIES
Approved
Facility Type
Required Facility Information
Approved Transfer
Facility(ies)
Facility Name: Robert A Nelson Transfer Station & MRF
• Address: 1830 Agua Mansa Rd, Riverside, CA 92509
• Operator: Agua Mansa MRF, LLC
• SWIS Number: SWIS 33-AA-0258
• Facility Type: Materials Recovery Facility and TS
• Material Type(s): MSW, Recyclable Materials, Organics, C&D, Inert • (If Applicable) Transfer Facility: Transfer/Recycling Facility Name: West Valley Materials Recovery
• Address: 13373 Napa Street, Fontana, CA, 92335
• Operator: West Valley Recycling and Transfer
• SWIS Number: 36-AA-0341
• Facility Type: Transfer/ Processing
• Material Type(s): MSW, Recyclable Materials, Organics, C&D, Inert Designated Disposal
Facility(ies)
Facility Name: Mid-Valley Sanitary Landfill
• Address: 2390 N. Alder Avenue, Rialto, CA 92377
• Operator: County of San Bernardino
• SWIS Number: 36-AA-0055
• Facility Type: Landfill
• Material Type(s): MSW
Facility Name: Victorville Sanitary Landfill
• Address: 18600 Stoddard Wells Road, Victorville, CA 92307 • SWIS Number: SWIS 36-AA-0045
• Facility Type: Landfill
• Material Type: MSW
Facility Name: Barstow Sanitary Landfill
• Address: 32553 Barstow Rd, Barstow, CA 92311
• SWIS Number: SWIS 36-AA-0046
• Facility Type: Landfill
• Material Type: MSW
128
Approved C&D Facility(ies) Facility Name: Robert A Nelson Transfer Station & MRF • Address: 1830 Agua Mansa Rd, Riverside, CA 92509
• Operator: Agua Mansa MRF, LLC
• SWIS Number: SWIS 33-AA-0258
• Facility Type: Materials Recovery Facility and TS
• Material Type(s): Source Separated C&D Materials , Mixed C&D Materials, Inert Materials
• (If Applicable) Transfer Facility: Transfer/Recycling Facility Name: West Valley Materials Recovery
• Address: 13373 Napa Street, Fontana, CA, 92335
• Operator: West Valley Recycling and Transfer
• SWIS Number: 36-AA-0341
• Facility Type: Transfer/ Processing
• Material Type(s): Source Separated C&D Materials , Mixed C&D Materials, Inert Materials
• (If Applicable) Transfer Facility: Transfer/Recycling Facility Name: Hi-Grade Materials Co.
• Address: 17671 Bear Valley Road Hesperia, CA, 92345
• Operator: Hi-Grade Materials Co.
• Swis Number:
• Facility Type: Concrete Recycling
• Material Type: Concrete Recycling
Approved Organic Materials
Processing Facility(ies)
Facility Name: Victor Valley Regional Composting Fac.
• Address: 20055 Shay Rd. Victorville, CA, 92392
• Operator: American Organics
• SWIS Number: SWIS 36-AA-0403
• Facility Type: Composting site
• Material Type(s): Organics
Facility Name: Robert A Nelson Transfer Station & MRF
• Address: 1830 Agua Mansa Rd, Riverside, CA 92509
• Operator: Agua Mansa MRF, LLC
• SWIS Number: SWIS 33-AA-0258
• Facility Type: Materials Recovery Facility and TS
• Material Type(s): Organics
• (If Applicable) Transfer Facility: Transfer/Recycling Facility Name: West Valley Materials Recovery
• Address: 13373 Napa Street, Fontana, CA, 92335
• Operator: West Valley Recycling and Transfer
• SWIS Number: 36-AA-0341
• Facility Type: Transfer/ Processing
• Material Type(s): Organics
129
Approved Recyclable
Materials Processing Facility
Facility Name: Victor Valley MRF & Transfer Station
• Address: 17000 Abby Lane, Victorville, CA, 92392
• Operator: Burrtec Waste Industries, Inc.
• SWIS Number: SWIS 36-AA-0346
• Facility Type: Materials Recovery Facility and TS
• Material Type(s): Source Separated Recyclable Materials, Yard Waste , Food Waste, Source Separated Organic Materials , MSW
Facility Name: Robert A Nelson Transfer Station & MRF
• Address: 1830 Agua Mansa Rd, Riverside, CA 92509
• Operator: Agua Mansa MRF, LLC
• SWIS Number: SWIS 33-AA-0258
• Facility Type: Materials Recovery Facility and TS
• Material Type(s): Source Separated Recyclable Materials , MSW • (If Applicable) Transfer Facility: Transfer/Recycling Facility Name: West Valley Materials Recovery
• Address: 13373 Napa Street, Fontana, CA, 92335
• Operator: West Valley Recycling and Transfer
• SWIS Number: 36-AA-0341
• Facility Type: Transfer/ Processing
• Material Type(s): Source separate recyclables
Approved Reusable
Materials Processing Facility
Facility Name: N/A
• Address: N/A
• Operator: N/A
• SWIS Number: N/A
• Facility Type: N/A
• Material Type(s): N/A
(If Applicable) Transfer Facility: N/A
130

EXHIBIT H
SB 1383 IMPLEMENTATION, OUTREACH AND EDUCATION PLAN

1. SB 1383 Implementation
Burrtec's waste recycling and diversion program includes comprehensive public education and outreach that details program services and maximizes the diversion of recyclables, green waste, and food waste in accordance with SB 1383 requirements. Our approach to successful recycling and diversion programs is simple.
• Provide a wide selection of acceptable materials
• Offer a complete yet straightforward collection program • Implement a public education plan that encourages participation • Reinforce the diversion programs
• Encourage residents to “Reduce, Reuse, Recycle”
The SB 1383 regulations require that organics recycling education and outreach be provided to all residents, businesses (including those generating edible food that can be donated), local food banks, and other food recovery organizations.

In communities where a substantial number of residents speak non-English languages, education and outreach materials will be translated to ensure all residents and businesses can effectively participate in organic recycling services.

A variety of outreach methods will be used to inform customers on program requirements, including the following mandated topics:
• Methane gas reduction benefits, specifically how emissions resulting from the decomposition of organic waste in landfills are a significant source of greenhouse gas (GHG) emissions contributing to global climate change
• Reduction of landfilled organics which are responsible for 25 percent of California’s methane emissions
• Prevention of organic waste generation, recycling organic waste onsite, sending organic waste to community composting, and any other local requirements regarding organic waste
• Information on the organic waste generator’s requirements to follow proper container utilization techniques and edible food donation programs a. Schedule of Materials
Billing Statements. Each billing statement Burrtec sends will contain a brief notification to customers. Notifications include holiday schedules, program participation requirements, and legislative reminders.

Newsletters. Burrtec will distribute a bilingual newsletter to Residential customers as a direct mailing annually. Quarterly, Residential customers can access newsletters digitally via the 131
Burrtec website. Commercial newsletters will be distributed semi-annually via Burrtec’s customer billing to coincide with special program notices such as SB 1383 requirements.

Social Media. Burrtec will continue to develop and produce content pertinent to program participation and diversion goal accomplishment on social media platforms. Content includes titles such as:
• “Our Story” – A short history of Burrtec
• “Recycling” – Burrtec’s material recovery facilities
• “Coming Soon” – Food waste recycling program development • “What is Organic Waste” – Overview of acceptable green container material • “Christmas Tree Disposal” – How to properly prepare your Christmas tree for disposal b. Written Notices and Outreach Materials
1) Articles
Burrtec will develop a bilingual (Spanish and other languages as required) article with color graphics containing information encouraging recycling and educating customers about the services available. Topics may include the following examples:
• Placement of carts
• Holiday Tree collection instructions
• Benefits of source separation, reduction, and prevention of solid waste • Information on how organic waste is diverted from the landfill • Methane reduction benefits of reducing organic waste in landfills • Bulky Items
• Illegal Dumping
• Cleaning Containers
• Holiday Schedule
• Commingling of Solid Wastes
• 4 R's, reduce - reuse - recycle - rethink
• Carts left in the street
• Unpermitted Waste disposal
• New solid waste laws
• Articles specific to service areas, such as palm fronds 2) Special Event Announcements
Burrtec will develop and deliver outreach notices to Customers on various events upon receiving approval from the City. Some notifications will be limited to text or e-mail messages and will not be included in newsletters. Examples of events are as follows:
• Compost/Mulch Giveaway Event
• Smart Gardening Workshops
• Holiday Collection schedule
• Billing reminders
• Service interruptions
• Non-collection notices
132
• Sharps pickup
3) Distribution
The articles and announcements will be disseminated in the following ways:
a) Newsletters
Newsletters will be available in electronic format such as PDF and will be 8.5"x11" or

8.5"x14" sized paper, whichever is appropriate. Burrtec will develop one-page (additional page for Spanish and other languages, if required by City) information newsletters in color and available to Customers four times each contract year. b) Container Notices
Drivers and route auditors will place notification tags educating customers on prohibited contaminants found. Burrtec will provide information on proper container utilization techniques and how contamination can be corrected at the time of discovery.

The information may be provided using standard mail, notifications sent via e-mail, and may include photographs.
c) Commercial On-Site Waste Audits
Waste audit summary reports will be provided to customers upon completion of the evaluation. Summary report information will include container findings, educational materials including source reduction techniques, benefits of participation in collection programs, ability and suggestions to “right-size” containers, and methods to reduce contamination. The information may be provided using standard mail or notifications sent via e-mail.
4) Delivery of Written Materials to Customers
Burrtec will deliver general materials (such as notices and newsletters) to Customers by any or all the following means approved by City:
• U.S. Postal Service
• Door-to-door delivery service
• Insert in monthly Customer bills
• Electronic mail (E-mail)
• Other means approved by the City
5) Social Media
Burrtec will reach out to Customers and make information available regarding services by current social media and the following means approved by the City.

Burrtec’s Official Social Media Presence Includes:

Facebook: www.facebook.com/burrtecwaste
133
Twitter: https://twitter.com/burrtecwaste
Instagram: https://www.instagram.com/burrtec_waste
YouTube: https://www.youtube.com/channel/UCqaJ5_Ea4Nx1EY4LDDAS9CA LinkedIn: https://www.linkedin.com/company/burrtec-waste-industries Website: https://www.burrtec.com/
134

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: November 8, 2023
TO: Honorable Mayor and City Council Members
FROM: City Manager
BY: Patrick Munoz/Todd Litfin, City Attorney’s Office
SUBJECT: AUTHORIZATION FOR CITY MANAGER TO ENTER INTO MEMORANDUM OF

UNDERSTANDING WITH SAN BERNARDINO COUNTY DEPARTMENT OF

PUBLIC HEALTH REGARDING EDIBLE FOOD RECOVERY PROGRAM

ACTIVITIES
STAFF RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute a Memorandum of Understanding (MOU) agreement with the San Bernardino County Department of Public Health Division of Environmental Health Services (EHS) for edible food recovery activities terminating on December 31, 2025.

BACKGROUND:

Governor Brown signed into law Senate Bill (SB) 1383 in September 2016. This bill establishes methane reduction targets in an effort to curb the presence of methane emissions caused by organic waste.

SB 1383 establishes statewide targets to reduce the amount of organic waste disposed in landfills with a 50% reduction by 2020 and a 75% reduction by 2025. Additionally, the legislation requires that 20% of disposed edible food be recovered and directed to people in need by 2025.

Jurisdictions are required to establish food recovery programs to recover the maximum amount of edible food that would otherwise go to landfills. Generators of edible food are required to uphold California Health Standards and track the amount donated to food recovery organizations. Therefore, inspections are an important component of SB 1383.

SB 1383 placed commercial edible food generators into two tiers. Tier 1 generators are wholesale food vendors, food service providers, food distributors, grocery stores, and supermarkets over 10,000 sq. ft, and must comply by January 2022. Tier 2 generators are hotels with on-site food facilities and 200 or more rooms, restaurant facilities over 5,000 sq. ft. or with 250 or more seats, health facilities with on-site food facilities and 100 or more beds, state agencies with cafeterias over 5,000 sq. ft. or 250 or more seats, large venues and events, and local education agencies with on-site food facilities, and must comply by January 2024.

Individual cities are responsible for implementing the SB 1383 requirements in their cities. 135
November 8, 2023

Because EHS regulates all food facilities within San Bernardino County (County), it is offering to assist cities with inspections, data, education and outreach, and enforcement of eligible edible food generators to ensure SB 1383 compliance. Title 14, Section 18981.2 of the California Code of Regulations requires that a written agreement such as a Memorandum of Understanding (MOU) be used to delineate roles.

The San Bernardino County Board of Supervisors approved the attached MOU on January 10, 2023 and it delineates the roles and responsibilities of the City of Adelanto (“City”) and the County, allowing the City and the County to jointly enforce SB 1383 requirements. The MOU will be effective upon execution by all parties and will terminate on December 31, 2025. Either the City or the County can terminate the MOU without cause with 30 days advanced written notice.

The MOU permits the County to provide the following services to the City:
a. Conduct inspections of Commercial Edible Food Generators to monitor compliance with SB 1383 requirements and to gather data for jurisdiction reporting purposes during inspections.
b. Gather data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations.
c. Maintain up-to-date information available to the City regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within its jurisdiction upon request.
d. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383.
e. Conduct enforcement action to address non-compliance including, but not limited to, issuing administrative citations, notice of violation, fines, penalties, or using other remedies.

All fees and revenue collected by the County for services performed under this MOU will be retained by the County as payment for the services provided to the City. Fees will be charged in accordance with the County Fee Ordinance, and the current County Fee Ordinance will be provided to the City.

Any additional services requested by the City will be performed at an additional cost in a manner mutually agreed upon by the City and County before services are rendered. The City will reimburse the County for additional services at the hourly rate listed in the County Fee Ordinance for the service provided.

ENVIRONMENTAL (CEQA) REVIEW:

This proposed action is not subject to review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.), because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and, constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this action does not constitute a “project” requiring environmental review (see specifically 14 CCR § 15378(b)(4-5)).
136
November 8, 2023

FISCAL IMPACT:

No anticipated fiscal impact at this time.

CONCLUSION:

Staff recommends that the City Council authorize the City Manager to execute the attached MOU with the San Bernardino County Department of Public Health Division of Environmental Services for edible food recovery activities terminating on December 31, 2025.

ATTACHMENTS:

Attachment 1: MOU with San Bernardino County Department of Public Health Attachment 2: City Resolution No. 23-83 Authorizing City’s Entering into the MOU 137

INSERT DOCUMENT SERIAL NUMBER

MEMORANDUM OF UNDERSTANDING
Between
San Bernardino County Department of Public Health
Environmental Health Services
And
City of INSERT NAME
For
Environmental Health Services
INSERT DATE (MONTH, XX, 20XX)
This Memorandum of Understanding (MOU) is made and entered into by and between San Bernardino County Department of Public Health, Environmental Health Services Division (County) and the City of INSERT NAME (City).

This MOU addresses the procedures to be followed by the County and the City for the provision of environmental health services in the City’s incorporated areas.

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, The County desires to provide environmental health services in the areas designated below; and WHEREAS, City desires the provision of environmental health services in the areas designated below; and WHEREAS, County is qualified to provide the environmental health services designated below; and WHEREAS, City desires that such services be provided by the County, and the County agrees to perform these services as set forth below;
NOW THEREFORE, County and City mutually agree to the following items and conditions:
138

TABLE OF CONTENTS
I. DEFINITIONS………………………………………………………………………………………………3
II. COUNTY RESPONSIBILITIES……………..……………………………………………………………4 III. CITY RESPONSIBILITIES……………….……………………………………………………………….4 IV. MUTUAL RESPONSIBILITIES…………………………………………………………………………..4 V. FISCAL PROVISIONS…………………………………………………………………………………….5
VI. TERM………………………………………………………………………………………………………..5
VII. EARLY TERMINATION…………………………………………………………………………………...6 VIII. GENERAL PROVISIONS…………………………………………………………………………………6 IX. CONCLUSION……………………………………………………………………………………………...6

ATTACHMENT
ATTACHMENT A – Schedule of Services
139

I. DEFINITIONS
a. COMMERCIAL EDIBLE FOOD GENERATOR: Includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Section 33.1503 of County Ordinance 4434 or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
b. EDIBLE FOOD: Food intended for human consumption and collected or received from a Tier One or Tier Two Commercial Edible Food Generator. For the purposes of County Ordinance 4434 or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in County Ordinance 4434, or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
c. EDIBLE FOOD RECOVERY: Actions to collect, receive, and/or redistribute Edible Food for human consumption from Tier One and Tier Two Commercial Edible Food Generators that otherwise would be disposed.
d. ENFORCEMENT ACTION: An action of San Bernardino County, Department of Public Health, Division of Environmental Health Services (DEHS) or its Enforcement Officers to address noncompliance with County Ordinance 4434 including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
e. FOOD DISTRIBUTOR: A company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
f. FOOD FACILITY: An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. g. FOOD RECOVERY: Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). h. FOOD RECOVERY ORGANIZATION: An entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code, which is:
(a) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code, and
(b) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

2. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this County Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
i. FOOD RECOVERY SERVICE: A Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of County Ordinance 4434 and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
140

j. INSPECTION: For the purposes of Edible Food Recovery, actions to review contracts and other records related to the recovery of Edible Food and may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity’s records and collection, handling, and other procedures for the recovery of Edible Food to determine if the entity is complying with the requirements of County Ordinance 4434.

II. COUNTY RESPONSIBILITIES
A. The County offers the following services to incorporated cities. The County will provide to the City those specific services selected from this list and as set forth in San Bernardino County Code Title 3, Division 15, County Ordinance 4434, as provided in the Schedule of Services (Attachment A).

1. Conduct inspections of Commercial Edible Food Generators to monitor compliance with SB 1383 requirements and to gather data for jurisdiction reporting purposes during inspections.

2. Gather data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations.

3. Maintain up-to-date information available to the City regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within its jurisdiction upon request.

4. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383.

5. Conduct enforcement action to address non-compliance including, but not limited to, issuing administrative citations, notice of violation, fines, penalties, or using other remedies.

B. During the term of this MOU, the County Enforcement Officers and their deputies shall exercise the same powers and duties, including methods of enforcement, within the jurisdiction of the City as are conferred upon such officers by law as County officers. The County officers and their deputies shall enforce all provisions of the County Code relating to those services provided.

C. For purposes of this MOU, the jurisdiction of the City encompasses only the incorporated areas of the City and does not extend to spheres of influence.

III. CITY RESPONSIBILITIES
Compensate County as provided in Fiscal Provisions (Section V).

IV. MUTUAL RESPONSIBILITIES
A. In the performance of this MOU, County, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of this City.

B. Indemnification

1. The City agrees to indemnify, defend, and hold harmless the County and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of its negligent acts or omissions in performing its obligations under this MOU.
141

2. The County agrees to indemnify and hold harmless the City, its officers, agents, and volunteers from any and all claims, actions or losses, damages and/or liability resulting from the County’s negligent acts or omissions in performing its obligations under this MOU.

3. In the event the County and City are found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this MOU, the County and City shall each indemnify the other to the extent of its comparative fault or negligence.

C. Insurance

1. County and City are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Worker’s Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms and conditions of this MOU.

2. The City shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the City or the City’s employees or agents from waiving the right of subrogation prior to a loss or claim. The City hereby waives all rights of subrogation against the County.

3. Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to, and approved by, County’s Risk Management.

D. In the event of any dispute hereunder, each Party to this MOU shall bear its own attorney’s fees and costs regardless of who prevails in the outcome of the dispute.

V. FISCAL PROVISIONS
A. City and County agree that all fees and revenue collected by the County for services performed hereunder, including the issuance of permits, the conducting of inspections and so forth, shall be retained by the County as payment for the services provided to City under the terms of this MOU.

Fees shall be charged in accordance with the County Fee Ordinance, which may be amended from time to time. The current County Fee Ordinance shall be provided to City.

B. Any additional services requested by City to be performed by County shall be performed at an additional cost and in a manner mutually agreed upon by the City and County prior to the rendering of services. City shall reimburse County for additional services at the hourly rate prescribed in the County Fee Ordinance for such category of services.

VI. TERM
This MOU shall be effective upon execution by all parties and terminate on December 31, 2025.

VII. EARLY TERMINATION
This MOU may be terminated without cause by either party by serving a written notice to the other party thirty (30) days in advance of termination. The Director of Public Health is authorized to exercise the County’s rights with respect to any termination of this MOU.

VIII. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this MOU, the notices shall be in writing and mailed to the following respective addresses listed below.

City: City of NAME
142

Address
Address Line 2
County: San Bernardino County
Environmental Health Services
385 N. Arrowhead Avenue 2nd floor
San Bernardino, CA 92415-0160
B. Any alternations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this MOU. No oral understanding or MOU not incorporated herein shall be binding on any of the Parties hereto.

IX. CONCLUSION
A. This MOU, consisting of six (6) pages and Attachment A, is the full and complete document describing services to be rendered by County to City, including all covenants, conditions, and benefits.

B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.

C. This MOU may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same MOU.

The parties shall be entitled to sign and transmit an electronic signature of this MOU (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

SAN BERNARDINO COUNTY
________________________________________ By ______________________________________ Director of Public Health (Authorized signature - sign in blue ink) Dated: ____________________________________ Name ___________________________________ (Print or type name of person signing contract)
Title _ _____
(Print or Type)
Dated: _ _____

Address________________________________
143

Attachment A: Schedule of Services
The San Bernardino County, Department of Public Health, Environmental Health Services Division (County) agrees to perform these services as set forth below

1. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383, now County Ordinance 4434.

2. Conduct inspections of Commercial Edible Food Generators to monitor compliance with County Ordinance 4434 requirements and to gather data for jurisdiction reporting purposes during inspections. a. Verify Commercial Edible Food Generators, Food Recovery Organizations and Food recovery services arrange and maintain contracts or written agreements outlining terms for edible food donation and acceptance.
b. Verify Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services keep records of types of foods that will be collected or self-hauled, the quantity of food per month, in pounds, that will be collected or self-hauled, and the established frequency. c. Verify Commercial Edible Food Generators have established an employee edible food recovery training program and maintain records of employee training. d. Verify employees of Commercial Edible Food Generators directly involved in the Edible Food Recovery Program have a valid San Bernardino County food handler’s card. e. Verify Edible Food is capable of being recovered by a Food Recovery Organizations or a Food Recovery Service is not intentionally spoiled.

3. Obtain data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations. a. Names, telephone numbers, and types of Food Recovery Organizations and Food Recovery Services within the jurisdiction.
b. Quantity, in pounds, of Edible Foods recovered from Commercial Edible Food Generators.

4. Maintain up-to-date information collected by DEHS regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within the City’s jurisdiction and make it available upon request to help them meet applicable requirements of SB1383.

5. Conduct enforcement action to address non-compliance including, but not limited to, issuing Administrative Citations, Notice of Violation, fines, penalties, or other remedies available to the County. 144

ATTACHMENT A
Resolution No. 23-83
RESOLUTION NO. 23-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, STATE OF CALIFORNIA, AUTHORIZING CITY’S ENTERING INTO

MEMORANDUM OF UNDERSTANDING WITH COUNTY OF SAN
BERNARDINO FOR SB 1383 EDIBLE FOOD RECOVERY ACTIVITIES
WHEREAS, Governor Edmund G. Brown signed Senate Bill 1383 (“SB 1383”) into law in September 2016; and
WHEREAS, SB 1383 established methane reduction targets in an effort to curb the presence of methane emission caused by organic waste; and WHEREAS, SB 1383 establishes statewide targets to reduce the amount of organic waste disposed in landfills with a 50 percent reduction by 2020 and a 75 percent reduction by 2025; and WHEREAS, SB 1383 also requires that 20 percent of disposed edible food be recovered and directed to people in need by 2025; and
WHEREAS, SB 1383 requires local jurisdictions to establish food recovery programs to recover the maximum amount of edible food that would otherwise go to landfills to implement SB 1383’s requirements within their boundaries; and
WHEREAS, the County of San Bernardino through the Department of Public Health Environmental Health Services Division (“County”) regulates all food facilities within the County; and
WHEREAS, due to the County’s regulation of food facilities, the County is offering to assist the City of Adelanto (“City”) with inspections, data, education and outreach, and enforcement of eligible edible food generators to ensure SB 1383 compliance; and WHEREAS, Title 14, Section 18981.2 of the California Code of Regulations requires that a written agreement such as a Memorandum of Understanding (MOU) be used to delineate roles; and
WHEREAS, the City and County hereby wish to enter into the attached Memorandum of Understanding (MOU) regarding the provision of environmental health services within the City’s incorporated areas pertaining to SB 1383 compliance and requirements; and WHEREAS, the City finds that compliance with SB 1383 is important for reducing organic waste in landfills, curbing the presence of methane emission caused by organic waste, and for recovering disposed edible food with the goal of reducing hunger among the population; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Adelanto does hereby resolve as follows:

SECTION 1. The above recitals are all true and correct.

SECTION 2. The City Council hereby authorizes the City Manager to execute the Memorandum of Understanding with the County of San Bernardino entitled Memorandum of 145
RESOLUTION NO. 23-83

Understanding Between San Bernardino County Department of Public Health Environmental Health Services and City of Adelanto for Environmental Health Services:

SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.

BE IT FURTHER RESOLVED that the City Manager and City Clerk are authorized to undertake such further actions as may be necessary and desirable to carry out the intent of this Resolution.

PASSED, APPROVED AND ADOPTED this 8th day of November, 2023.

THE CITY OF ADELANTO
___________________________________
Gabriel Reyes, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ________________________________ Marc Tran Brenda Lopez
City Attorney City Clerk
146
RESOLUTION NO. 23-83

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 23-83 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 8
th day of November, 2023 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 8
th day of November, 2023.
______________________________
Brenda Lopez, City Clerk
147

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: November 8, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Angel Castellanos, Finance Director
SUBJECT: CONSIDERATION OF A RESOLUTION PROPOSING AND SUBMITTING TO THE VOTERS AT THE PRESIDENTIAL PRIMARY ELECTION ON MARCH 5, 2024, A

PROPOSAL TO ADOPT AN INITIATIVE ORDINANCE ESTABLISHING A SPECIAL TAX

ON VACANT PROPERTIES TO FUND SOLUTIONS FOR PARKS AND RECREATION,

ILLEGAL DUMPING REMEDIATION, PUBLIC SAFETY, CAPITAL IMPROVEMENT

PROJECTS, AND SPECIFIED PROGRAMS, REQUESTING THAT THE BALLOT

QUESTION AND MEASURE BE CONSOLIDATED WITH THE COUNTY ELECTION

CONTESTS, SETTING DEADLINES FOR THE FILING OF WRITTEN ARGUMENTS AND

REBUTTALS REGARDING THE MEASURE, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.

STAFF RECOMMENDATION:

It is recommended that the City Council conduct a public hearing, receive public input, consider and adopt:
(1) Resolution No. 23-81 which:
a. Submits to the City’s voters at the March 5, 2024, Presidential Primary Consolidated Election an ordinance establishing a special tax on vacant properties to fund solutions for parks and recreation, illegal dumping remediation, public safety, capital improvement projects, and specified programs; b. Requests that the ballot question and measure be consolidated with the County election on March 5, 2024;
c. Sets the deadlines for the filing of written arguments and rebuttals regarding the Measure; and
d. Directs the City Attorney to prepare an impartial analysis. (2) If Resolution No. 23-81 is adopted, then staff recommends that the City Attorney read aloud the title of the Adelanto Vacant Property Tax Ordinance at the City Council meeting, and the City Council make a motion to waive further reading of the Ordinance. The title is:

AN ORDINANCE OF THE PEOPLE OF THE CITY OF ADELANTO AS APPROVED BY THE 148

CONSIDERATION OF VACANT PROPERTY TAX MEASURE
PAGE 2 OF 6
CITY’S QUALIFIED ELECTORS AT THE ELECTION HELD ON MARCH 5, 2024, TO

ESTABLISH A SPECIAL PARCEL TAX ON VACANT PROPERTIES
BACKGROUND:

The City of Adelanto has regularly experienced structural budget deficits for at least the last two decades, mostly due to the City’s slow assessed valuation growth and an exceedingly low property tax rate of approximately 1.75 percent. To its credit, the City has continued operations over the years through the use of one-time monies; however, those funds have been depleted and are no longer available to support general fund obligations, such as police and fire.

To address this ongoing problem, additional revenue sources must be identified. One approach is to levy a special tax on every vacant parcel of land (real property) within the City. Out of the 13,310 total parcels within the City, an estimated 3,976 parcels, or about 25,000 acres, are vacant land. This vacant land negatively impacts the community, attracting crime, blight, and illegal dumping. In addition, these vacant properties take up space that could be used for housing or commercial development. Moreover, vacant properties typically depress property values across an entire neighborhood and generate little or no tax revenues.

Staff are recommending that the City Council consider the following tax assessment based on the zoning of the parcel:

Zoning District Zoning Description Annual Tax Rate
ADD Airport Development District $200 per acre per parcel AP Airport Park $200 per acre per parcel
BP Business Park $600 per acre per parcel
C Commercial $600 per acre per parcel
DL-2.5 Desert Living 2.5 $50 per acre per parcel
DL-5 Desert Living 5 $50 per acre per parcel
DL-9 Desert Living 9 $50 per acre per parcel
LM Light Manufacturing $600 per acre per parcel
MI Manufacturing/Industrial $600 per acre per parcel
MU Mixed Use $600 per acre per parcel
OS Open Space $50 per acre per parcel
PU Public Utilities $0 per acre per parcel
R1 Single Family Residential $300 per acre per parcel
R3-30 High Density Residential $300 per acre per parcel R3-8 Medium Density Residential $400 per acre per parcel R-M12 Medium Density Residential $400 per acre per parcel R-S1 Single Family Residential $300 per acre per parcel R-S5 Single Family Residential $300 per acre per parcel U Uncategorized or unassigned $200 per acre per parcel
Based upon the above tax rate, Staff estimate that the tax will generate revenue for each Zoning District as depicted below:
149

CONSIDERATION OF VACANT PROPERTY TAX MEASURE
PAGE 3 OF 6
Zoning
District
Zoning Description Total
Acres
Tax/Acre Tax Revenue
ADD Airport Development District 1,826.85 $200 $365,370.00 AP Airport Park 313.61 $200 $62,722.00
BP Business Park 698.55 $600 $419,130.00
C Commercial 515.29 $600 $309,174.00
DL-2.5 Desert Living 2.5 2,255.49 $50 $112,774.50
DL-5 Desert Living 5 4,551.50 $50 $227,575.00
DL-9 Desert Living 9 1,458.32 $50 $72,916.00
LM Light Manufacturing 1,602.92 $600 $961,752.00
MI Manufacturing/Industrial 3,409.95 $600 $2,045,970.00 MU Mixed Use 515.47 $600 $309,282.00
OS Open Space 3,394.58 $50 $169,729.00
PU Public Utilities 708.63 $- $-
R1 Single Family Residential 1,665.91 $300 $508,338.00
R3-30 High Density Residential 19.10 $300 $6,021.00
R3-8 Medium Density Residential 43.24 $400 $21,384.00
R-M12 Medium Density Residential 628.01 $400 $271,556.00 R-S1 Single Family Residential 412.58 $300 $124,143.00
R-S5 Single Family Residential 937.43 $300 $289,719.00
U Uncategorized or unassigned 0.00 $200 $0.00
Grand Total 24,957.43 $6,235,400.50
150

CONSIDERATION OF VACANT PROPERTY TAX MEASURE
PAGE 4 OF 6
151

CONSIDERATION OF VACANT PROPERTY TAX MEASURE
PAGE 5 OF 6
Staff estimates that the proposed tax could generate approximately $6.2 million per year in revenue.

The proposed special tax shall be dedicated to specific purposes in the following manner:

Purpose
FY24/25
Allocation
FY24/25
Amount (est.)
Allocation
Range
Parks and Recreation 10% 620,000 5 – 20%
Illegal Dumping 5% 310,000 2 – 15%
Public Safety 65% 4,030,000 50 – 80%
Capital Projects 20% 1,240,000 10 – 30%
Total 100% $6,200,000
In addition to creating a dedicated funding source, by taxing vacant properties, this Measure will help encourage people to put those properties into use, thus, potentially increasing the housing supply and commercial/industrial development. Properties that are left vacant for extended periods of time can attract crime and cause blight, harming the surrounding neighborhood. Taxing vacant properties, therefore, is helpful on both ends of this problem. The tax itself will incentivize productive use of vacant properties, and the tax revenue will be used to address underfunded services and eliminate blight and illegal dumping.

The proposed special tax on vacant properties would apply to most vacant properties throughout the City, including undeveloped private property, vacant commercial and industrial buildings, and vacant residential units. A property would be classified as vacant if it is in use less than 50 days during a calendar year. The property need not have a building or structure on it to be "in active use." For example, this proposed tax would not apply to properties that are used as gardens, or to host farmers' markets. The Measure would create an administrative process through which the owner of vacant property could apply for a hardship waiver to be exempted from the tax. For purposes of the exemptions, an owner is defined as a natural person, and does not include business entities, trusts, or any other private organizations which may be considered a “person” by operation of law. Such exemptions include:
• An Owner who qualifies as very low-income, as the term “very low income” is defined by the United States Department of Housing and Urban Development. • An Owner who can demonstrate that exceptional specific circumstances prevent the use or development of the property.
• An Owner of a property that is under active construction. • An Owner of property for which an active building permit application is being processed by the City.
• An Owner of a parcel included in a substantially complete application for planning approvals that has not yet received approval.
• An Owner of a parcel for which a project with development entitlements have been approved but needing time for completion may apply for and receive an administrative two-year exemption.
• An Owner of property for which at least 60 percent of the accessible dry land is actively used for a community garden(s), or Agriculture as defined in Section 17.200.020 and developed in accordance with the applicable standards set forth in Title 17 of this Code. • An Owner (1) who is 65 years of age or older and (2) who qualifies as “low income,” as the term “low income” is defined by the United States Department of Housing and Urban Development. 152

CONSIDERATION OF VACANT PROPERTY TAX MEASURE
PAGE 6 OF 6
• An Owner who, regardless of age, (i) receives Supplemental Security Income for a disability or (ii) Social Security Disability Insurance benefits, regardless of age and whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services.
• An Owner that is a non-profit organization or entity owned or controlled by a non-profit organization.

To provide citizen oversight for the allocation and use of the revenue generated by the tax, Staff recommends that a Vacant Property Tax Advisory Commission (“Commission”) be established. The Commission would consist of five members, each serving a three-year term, with Councilmembers making recommendations for members to the Mayor. Members of the Commission would then be appointed by the Mayor and confirmed by the City Council. The Commission would be tasked with:
• Reviewing relevant financial and operational reports related to the expenditure of the Vacant Property Tax Fund.
• Publishing an annual report regarding how and to what extent the City has implemented the Measure.
• Recommending to the City Council on how to allocate the tax funds in accordance with the requirements of the Measure
• Reporting to the City Council information, if available, concerning the impact of the Measure on illegal dumping and related issues in the City.

FISCAL IMPACT:

Should the special tax be approved by the voters, the revenue is estimated to be $6.2 million per year.

ATTACHMENTS:

1. Resolution No. 23-81 and Ordinance No. XXX (the proposed ordinance to be voted on by Adelanto voters).
153
1 RESOLUTION NO. 23-81

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, CALIFORNIA, (1) GIVING NOTICE OF THE

SUBMISSION TO ADELANTO VOTERS OF A BALLOT

QUESTION FOR A BALLOT MEASURE TO ESTABLISH A

SPECIAL TAX ON VACANT PROPERTIES TO FUND SOLUTIONS

FOR PARKS AND RECREATION, ILLEGAL DUMPING

REMEDIATION, PUBLIC SAFETY, CAPITAL IMPROVEMENT
PROJECTS, AND SPECIFIED PROGRAMS; (2) REQUESTING

THAT THE BALLOT QUESTION AND MEASURE BE INCLUDED

AMONG THE ELECTION CONTESTS AT THE PRESIDENTIAL
PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024, AND
WHICH IS TO BE CONSOLIDATED WITH COUNTYADMINISTERED ELECTION OF THE SAME DATE; AND, (3)

SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS

AND REBUTTALS REGARDING THE MEASURE AND

DIRECTING THE CITY ATTORNEY TO PREPARE AN

IMPARTIAL ANALYSIS
WHEREAS, the City of Adelanto (“City”) has been suffering from a lack of economic development since its incorporation on December 22, 1970; and WHEREAS, since May 28, 1985, the State of California Department of Transportation has enforced a Controlled Access Highway Agreement along State Highway Route 395 in the City, which has severely restricted economic development within the corridor; and
WHEREAS, roughly 74 percent of the City’s land area is vacant, undeveloped, and unoccupied by any legal use; and
WHEREAS, properties that are vacant or undeveloped deprive the community of the economic opportunity and housing that could be provided if those properties were put into use; and
WHEREAS, properties that are vacant also deprive the City of the revenue needed to provide public services by reducing the tax revenue that is generated when properties provide space for active uses or are developed for housing or businesses; and WHEREAS, members of the community have placed a clear priority on the need for parks and recreation programs; blight and illegal dumping remediation; public safety services, including police, firefighters, and paramedics; and capital projects to improve City infrastructure, including the construction and maintenance of roads, construction and maintenance of sidewalks, and storm water runoff and drainage; and WHEREAS, the lack of economic development within the City has led to an insufficient revenue base that cannot fund the services that the members of the community 154
2 have requested; and
WHEREAS, despite significant cost saving measures the City Council has employed in recent years to address the ongoing budget crisis, including the consolidation of job duties, significant reductions in staffing levels, and the sales of assets and deferment of equipment purchases, current revenue forecasts indicate that the City’s General Fund will struggle to maintain basic service levels in future fiscal years; and WHEREAS, in order to address these issues as soon as possible, the City Council desires to submit to the qualified electors of the City a proposed ordinance to adopt a special tax on vacant properties to support services important to members of the community; and WHEREAS, such a special tax will also discourage property owners from keeping properties vacant; and
WHEREAS, the proposed tax will have a hardship exemption process so that people with financial difficulty or other valid reason the property had to be vacant can have the tax waived, and non-profits are exempt; and
WHEREAS, a citizen oversight committee will be established to provide transparency regarding the special tax by recommending the allocation of the proposed tax revenue to the City Council and monitoring the use of the proceeds of the proposed tax to ensure it is meeting the needs of the community; and
WHEREAS, a non-ad valorem tax on parcels of real property may be approved by the voters as a special tax under California Constitution, Article XIIIA, Section 4 and California Constitution, Article XIIID, Section 3(a)(2); and WHEREAS, Government Code section 37100.5 provides in relevant part: “Except as provided in section 7282 of the Revenue and Taxation Code, the legislative body of any city may levy any tax which may be levied by any charter city, subject to the voters’ approval pursuant to Article XIIIA of the Constitution of California”; and WHEREAS, Government Code section 50075 further provides: “It is the intent of the Legislature to provide all cities, counties, and districts with the authority to impose special taxes pursuant to the provisions of Article XIIIA of the California Constitution”; and
WHEREAS, the City Council intends to (i) call for and give notice of a Municipal Election to be held on Tuesday, March 5, 2024, the submission of a ballot measure to the voters of the City of Adelanto to consider and approve a parcel tax on vacant properties to fund solutions for parks and recreation, illegal dumping remediation, public safety, capital improvement projects, and specified programs (the “Measure”); (ii) request consolidation of such election with the County of San Bernardino; (iii) request that San Bernardino County provide specific election administration services; and (iv) provide 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 a tie vote; and 155
3 WHEREAS, the subject Measure is referred to as the “Adelanto Vacant Property Tax”; and
WHEREAS, the ballot measure question seeking approval of this Ordinance appeared as follows:

Adelanto Vacant Property Tax
Shall the City of Adelanto’s measure, to fund parks/recreation programs, capital improvements/other infrastructure projects, public safety, and to fight illegal dumping and blight, enacting a vacant property tax on parcels used less than 50 days per year, at rates ranging from $50.00/acre to $600.00/acre annually, for 20 years, based on zoning, raising about $6,200,000/year, with citizen oversight and hardship exemptions for seniors and low-income individuals, be adopted?
[ ] Yes
[ ] No
WHEREAS, the City Council wishes to include the above-referenced special tax measure as part of the Presidential Primary Election ballot on March 5, 2024; and WHEREAS, the calling of an election contest for Adelanto voters to consider the parcel tax measure was made in a manner consistent with Government Code sections 53971.5 and 53978 and Government Code section 50077, which provides in relevant part:
“Except as provided in section 7282 of the Revenue and Taxation Code, the legislative body of any city … may, following notice and public hearing, propose by ordinance or resolution the adoption of a special tax”; and
WHEREAS, the City Council approved this Ordinance for first reading at a public hearing conducted as part of its Regular Meeting of October 25, 2023, provided that the Ordinance may not take effect unless approved by Adelanto voters at the election of March 5, 2024; and
WHEREAS, this Ordinance, by its terms, may only take effect if the ballot measure requesting its approval is approved by a two-thirds (2/3) majority of Adelanto voters at the Election of March 5, 2024; and
WHEREAS, it is desirable that the City’s March 5, 2024, Municipal Election, inclusive of the above-subject ballot measure, be consolidated with any and all elections to be administered by the County Election Department of the County of San Bernardino on the same date and that the City have the same precincts, polling stations, and election officers within the City for such election; and
WHEREAS, the City shall compensate the County of San Bernardino for all necessary expenses incurred by the County Election Department in performing election 156
4 services for the City; and
WHEREAS, the City Council affirms its wish for the County Election Department for the County of San Bernardino to canvass the returns of the City’s March 5. 2024, Municipal election; and
WHEREAS, Elections Code sections 9280, et seq., sets forth the procedures and requirements for the preparation and submission of ballot arguments and corresponding rebuttal arguments in connection with City-initiated ballot measures.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF

ADELANTO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and incorporated into the body of this Resolution by this reference.

SECTION 2. Pursuant to the requirements of the laws of the State of California relating to charter cities and Elections Code sections 9222 and 12001, the City Council hereby orders and calls for a Municipal special Election to be held in the City of Adelanto, California on Tuesday, March 5, 2024, to be consolidated with the County-administered Presidential Primary Election to be held on the same day, for the added purpose of submitting to the qualified electors the above-defined Measure to approve the ordinance attached hereto as Exhibit “A” (the “Ordinance”). The proposed Measure will establish a parcel tax on real property within the City’s territorial boundaries in the manner described in the Ordinance and said tax shall be structured as a special tax whose proceeds may only be used to pay for solutions for parks and recreation, illegal dumping remediation, public safety, capital improvement projects, and specified programs as defined in the Ordinance.

SECTION 3. Pursuant to the requirements of Elections Code section 10403, it is respectfully requested that the Board of Supervisors of the County of San Bernardino consent and agree to the consolidation of the City’s Municipal Election on Tuesday, March 5, 2024, with the County-administered election of the same date.

SECTION 4. In connection with the County Election Department’s administration of the City’s March 5, 2024, Municipal Election, the City further requests that the County Election Department be authorized and directed to: (a) review and verify absentee voter applications and signatures; (b) conduct registered voter verifications (including signature verifications) associated with the processing of any proposed General Municipal Election ballot measure; (c) provide the City of Adelanto with the appropriate election precinct data, to the extent required; (d) make available to the City of Adelanto such election facilities, ballot casting equipment and assistance as may be necessary to conduct the election in compliance with state law and the Board of Supervisor’s approval; (e) canvass the election returns; (f) print and supply ballots for the election; (g) mail the City of Adelanto’s sample ballots, including ballot measure question, arguments, rebuttals, and impartial analysis; and, (h) administer the City of Adelanto’s Election in all respects as if it were part and parcel of any other County Election Department’s administered election, implementing all 157
5 such legally required or customarily employed measures and practices as may be necessary to conduct the election in a timely and legally compliant manner. The City acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418.

SECTION 5. The City of Adelanto shall reimburse the County Election Department for any costs associated with the administration of the City’s March 5, 2024, Municipal Election.

SECTION 6. The City hereby consents to have its Municipal Election on March 5, 2024, consolidated with any and all elections conducted on such date within the County.

SECTION 7. That the ballots to be used at the election shall be in form and content as required by law or as directed by the County Election Department to facilitate the consolidation of the City’s March 5, 2024, Election with the County-administered election of the same date.

SECTION 8. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 9. That the polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, pursuant to Elections Code section 10242, except as provided in section 14401 of the Elections Code of the State of California.

SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 11. The ballot question for the Measure shall appear as follows:

Adelanto Vacant Property Tax
Shall the City of Adelanto’s measure, to fund parks/recreation programs, capital improvements/other infrastructure projects, public safety, and to fight illegal dumping and blight, enacting a vacant property tax on parcels used less than 50 days per year, at rates ranging from $50.00/acre to $600.00/acre annually, for 20 years, based on zoning, raising about $6,200,000/year, with citizen oversight and hardship exemptions for seniors and low-income individuals, be adopted?
[ ] Yes
[ ] No
SECTION 12. It is respectfully requested that the Board of Supervisors for the County of San Bernardino authorize and direct the County Election Department to canvass the returns of the City’s consolidated Municipal Election and that such election be held in 158
6 all respects as if it were part and parcel of the County-administered Election of the same date. It is also respectfully requested that the County Election Department give the abovesubject Measure the letter designation “A” such that the measure may be identified as Measure “A” on the ballot. If the letter designation “A” is no longer available, it is respectfully requested that the County Election Department give the Measure the following letter designations in order of preference, from most preferred to least preferred: “B” and “C.”
SECTION 13. As the tax established under the Measure is a special tax within the meaning of Proposition 218 whose proceeds may be used to fund parks and recreation programs and infrastructure, illegal dumping remediation, public safety, capital improvement projects, and discourage vacant properties, as provided in the Ordinance, the vote requirement for passage of the proposed Measure is a two-thirds (2/3) supermajority of votes at the City’s Election of March 5. 2024.

SECTION 14. It is respectfully requested that the Board of Supervisors authorize and direct the County Election Department to:
(A) Print and supply ballots for the General Municipal Election; and (B) Mail the ballot question, ballot arguments, rebuttals, and the City Attorney’s impartial analysis to the registered voters in the City of Adelanto.

SECTION 15. It is also respectfully requested that the Board of Supervisors issue instructions to the County Election Department to take any and all additional steps necessary for the holding of the consolidated election requested above.

SECTION 16. The City of Adelanto shall reimburse the County Election Department for any additional costs attributable to the inclusion of the Measure on the ballot of the Municipal Election to be consolidated with the County-administered Presidential Primary Election of March 5, 2024.

SECTION 17. The complete text of the proposed Ordinance submitted to the voters is attached as Exhibit “A” to this Resolution.

SECTION 18. The City Clerk is hereby authorized and directed to publish a Notice of Election and Measure to be Voted On at least one time not later than a week before the election in the VICTORVILLE DAILY PRESS, a newspaper of general circulation within the City of Adelanto, in accordance with the provisions of Elections Code section 12111.

The City Clerk is hereby authorized to such other notices as required by law.

SECTION 19. The ballots to be used at the election shall be in form and content as required by law.

SECTION 20. Direct Arguments in Support of and in Opposition to Measure. As authorized under Elections Code section 9282(b), the City Council reserves the right to file a written argument in favor of this Measure or authorize any member or members of the City Council to do the same. Pursuant to Election Code section 9282 (b), written arguments 159
7 for or against the Measure may also be submitted by any individual voter who is eligible to vote on the Measure; any bona fide association of citizens; any combination of voters and associations or such other persons or entities as may be authorized under Elections Code section 9282(b). The foregoing notwithstanding, if more than one set of arguments “in favor of” or “in opposition to” the Measure is timely submitted to the City Clerk, the City Clerk shall select only one argument for and one argument against in accordance with the selection priority set forth under Elections Code section 9287. That priority gives preference as follows: (a) the City Council or City Council-authorized members of the City Council; (b) the individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure; (c) a bona fide association of citizens; then, (d) individual voters who are eligible to vote on the measure. Pursuant to Elections Code section 9283, a ballot argument will not be accepted unless accompanied by the printed name and signature or printed names and signatures of the author or authors submitting the argument, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. Pursuant to Elections Code section 9283, no more than five (5) signatures shall appear with any argument submitted and if any argument is signed by more than five authors, the signatures of the first five shall be printed but not the signatures in excess of the first five. Ballot arguments in support of or in opposition to the Measure may not exceed 300 words in length.

Consistent with Elections Code sections 9286 and 9287, ballot arguments in favor of or in opposition to the Measure must be submitted to and received by the City Clerk by or before 5:00 p.m., on Wednesday November 22, 2023. Arguments that are received by the City Clerk after this deadline will not be accepted. The City Clerk’s Office is located at City of Adelanto City Hall, 11600 Air Expressway, Adelanto, California 92301.

SECTION 21. Rebuttals to Direct Arguments. Pursuant to Elections Code section 9285, when the City Clerk receives an argument to the Measure that will be printed in the ballot pamphlet, the elections official shall send a copy of the argument in favor of the Measure to the authors of any argument against the Measure and a copy of the argument against the Measure to the authors of the argument in favor of the Measure. To the extent permitted under Elections Code section 9285(a)(2), the author or a majority of the authors of an argument (either in favor of or in opposition to) may prepare and submit a rebuttal argument or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument. No rebuttal argument may exceed 250 words in length.

Pursuant to Elections Code section 9285(a)(5), a rebuttal argument relating to the Measure may not be signed by more than five persons and shall be printed in the same manner as a direct argument and shall immediately follow the direct argument which it seeks to rebut.

Consistent with Elections Code sections 9285 and 9287, rebuttal arguments must be submitted to and received by the City Clerk by or before 5:00 p.m. on Monday, December 4, 2023. Rebuttals that are received by the City Clerk after this deadline will not be accepted. Again the City Clerk’s Office is located at City of Adelanto City Hall, 11600 Air Expressway, Adelanto, California 92301.
160
8 SECTION 22. City Attorney’s Impartial Analysis. The City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on existing law and the operation of the Measure. The impartial analysis shall be filed with the City Clerk by or before 5:00 p.m., on Wednesday, November 22, 2023.

SECTION 23. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

SECTION 24. The City Clerk shall forward, without delay, a certified copy of this Resolution to the Board of Supervisors of the County of San Bernardino and County Election Department, which shall be assisting the City of Adelanto with the conduct of its Election.

PASSED, APPROVED and ADOPTED by the City Council of the City of Adelanto at its regular meeting on this 8
th day of November, 2023.
_____________________________
Gabriel Reyes, Mayor
ATTEST:
___________________________________
Brenda Lopez, CMC, City Clerk
APPROVED AS TO FORM:
______________________
Todd Litfin, City Attorney
161
9 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF ADELANTO )
I HEREBY CERTIFY that the foregoing Resolution No. 23-81 was duly adopted by the City Council of the City of Adelanto at a regular meeting thereof, held on the 8 th
day of November, 2023, by the following vote of Council:

AYES: Council Members
NOES: None
ABSENT: None
ABSTAIN: None
___________________________________
Brenda Lopez, CMC, City Clerk
162
10 Exhibit “A”
ORDINANCE NO. 647

AN ORDINANCE OF THE PEOPLE OF THE CITY OF ADELANTO
AS APPROVED BY THE CITY’S QUALIFIED ELECTORS AT THE
ELECTION HELD ON MARCH 5, 2024, TO ESTABLISH A

SPECIAL PARCEL TAX ON VACANT PROPERTIES
WHEREAS, the City of Adelanto (“City”) has been suffering from a lack of economic development since its incorporation on December 22, 1970; and WHEREAS, since May 28, 1985, the State of California Department of Transportation has enforced a Controlled Access Highway Agreement along State Highway Route 395 in the City, which has severely restricted economic development within the corridor; and
WHEREAS, roughly 74 percent of the City’s land area is vacant, undeveloped, and unoccupied by any legal use; and
WHEREAS, properties that are vacant or undeveloped deprive the community of the economic opportunity and housing that could be provided if those properties were put into use; and
WHEREAS, properties that are vacant also deprive the City of the revenue needed to provide public services by reducing the tax revenue that is generated when properties provide space for active uses or are developed for housing or businesses; and WHEREAS, members of the community have placed a clear priority on the need for parks and recreation programs; blight and illegal dumping remediation; public safety services, including police, firefighters, and paramedics; and capital projects to improve City infrastructure, including the construction and maintenance of roads, construction and maintenance of sidewalks, and storm water runoff and drainage; and WHEREAS, the lack of economic development within the City has led to an insufficient revenue base that cannot fund the services that the members of the community have requested; and
WHEREAS, despite significant cost saving measures the City Council has employed in recent years to address the ongoing budget crisis, including the consolidation of job duties, significant reductions in staffing levels, and the sales of assets and deferment of equipment purchases, current revenue forecasts indicate that the City’s General Fund will struggle to maintain basic service levels in future fiscal years; and WHEREAS, in order to address these issues as soon as possible, the City Council desires to submit to the qualified electors of the City a proposed ordinance to adopt a special tax on vacant properties to support services important to members of the community; and 163
11 WHEREAS, such a special tax will also discourage property owners from keeping properties vacant; and
WHEREAS, the proposed tax will have a hardship exemption process so that people with financial difficulty or other valid reason the property had to be vacant can have the tax waived, and non-profits are exempt; and
WHEREAS, a citizen oversight committee will be established to provide transparency regarding the special tax by recommending the allocation of the proposed tax revenue to the City Council and monitoring the use of the proceeds of the proposed tax to ensure it is meeting the needs of the community; and
WHEREAS, a non-ad valorem tax on parcels of real property may be approved by the voters as a special tax under California Constitution, Article XIIIA, Section 4 and California Constitution, Article XIIID, Section 3(a)(2); and WHEREAS, Government Code section 37100.5 provides in relevant part: “Except as provided in section 7282 of the Revenue and Taxation Code, the legislative body of any city may levy any tax which may be levied by any charter city, subject to the voters’ approval pursuant to Article XIIIA of the Constitution of California”; and WHEREAS, Government Code section 50075 further provides: “It is the intent of the Legislature to provide all cities, counties, and districts with the authority to impose special taxes pursuant to the provisions of Article XIIIA of the California Constitution”; and
WHEREAS, at its Meeting of October 25, 2023, the City Council of the City of Adelanto (“City Council”) approved Resolution No. 23-81, which (i) called for and gave notice of the placement of a parcel tax measure as set forth in this Ordinance onto the March 5, 2024, ballot by approval of Resolution No. 23-81; (ii) requested consolidation of such election with the County of San Bernardino; and (iii) requested that the County of San Bernardino provide specific election administration services; and WHEREAS, the ballot measure question seeking approval of this Ordinance appeared as follows:

Adelanto Vacant Property Tax
Shall the City of Adelanto’s measure, to fund parks/recreation programs, capital improvements/other infrastructure projects, public safety, and to fight illegal dumping and blight, enacting a vacant property tax on parcels used less than 50 days per year, at rates ranging from $50.00/acre to $600.00/acre annually, for 20 years, based on zoning, raising about $6,200,000/year, with citizen oversight and hardship exemptions for seniors and low-income individuals, be adopted?
[ ] Yes
[ ] No
164
12 WHEREAS, the calling of an election contest for Adelanto voters to consider the parcel tax measure was made in a manner consistent with Government Code sections 53971.5 and 53978 and Government Code section 50077, which provides in relevant part:
“Except as provided in section 7282 of the Revenue and Taxation Code, the legislative body of any city … may, following notice and public hearing, propose by ordinance or resolution the adoption of a special tax”; and
WHEREAS, the City Council approved this Ordinance for first reading at a public hearing conducted as part of its Regular Meeting of October 25, 2023, provided that the Ordinance may not take effect unless approved by Adelanto voters at the Election of March 5, 2024; and
WHEREAS, this Ordinance, by its terms, may only take effect if the ballot measure requesting its approval is approved by a two-thirds (2/3) majority of Adelanto voters at the Election of March 5, 2024; and
WHEREAS, at the Election of Tuesday, March 5, 2024, Adelanto voters approved the measure requesting approval of this Ordinance by a margin of _____% voting in favor (“Yes”) and ____% voting in opposition (“No”); and
WHEREAS, the election results were certified at the City Council’s meeting of ______________________, 2024, by way of Resolution No. __-__.

THE PEOPLE OF THE CITY OF ADELANTO, CALIFORNIA DO
HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Title.

This Ordinance may be referred to as the “Adelanto Vacant Property Tax.” SECTION 2. Purpose.

The taxes imposed under this Ordinance are solely for the purpose of raising revenue necessary to support and fund services for parks and recreation, illegal dumping remediation, public safety, capital improvement projects, and the related programs, described below. Because the proceeds of the parcel tax will be deposited into a special fund restricted for the services and programs specified in this Ordinance, the tax is a special tax.

SECTION 3. Code Amendment.

A new Chapter 3.70 of Title 3 (Revenue and Finance) is hereby added to the Adelanto Municipal Code to read as follows:
165
13 Chapter 3.70 - ADELANTO VACANT PROPERTY TAX.

Sections:

3.70.010 - Definitions.
“Active use” means the occupancy of a legal residential unit, the performance of a business function or operation, or the presence of a functional structure, agricultural site, or landscaping and parking which is being maintained or operated and serves an adjacent structure.
“City” means the City of Adelanto, California, a municipal corporation and charter city. “City Council” means the Council of the City of Adelanto. “Commission” means the Adelanto Vacant Property Tax Advisory Commission. “Consumer Price Index” means the Consumer Price Index published by the U.S. Bureau of Labor Statistic for “All Urban Consumers” in the Riverside-San Bernardino-Ontario Area. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the City that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario Area. “County” means the County of San Bernardino, California. “Developed parcel” means all parcels, regardless of zoning or other land use designation, upon which permanent improvements have been constructed or placed. “Finance Director” means the Director of Finance of the City of Adelanto. “Owner” means the owner or owners of the real property located within the City of Adelanto.
“Parcel” means a legal parcel of real property in the City of Adelanto as shown on the most current official assessment roll of the San Bernardino County Assessor. “Residential unit” means a building or structure, or portion thereof, designed for or occupied exclusively by one household, including unrelated persons who live together and maintain a common household.
“Tax” means the special tax authorized by this Ordinance. “Undeveloped parcel” means all parcels, regardless of zoning or other land use designation, upon which no permanent improvements have been constructed or placed. “Vacant” is as defined by section 3.70.020 of this chapter. 166
14 3.70.020 - Determination of Vacancy
A. For the purposes of this ordinance, a parcel of real property shall be deemed “vacant” and subject to the tax imposed by Section 3.70.030 below if the parcel is not otherwise wholly exempt from ad valorem tax by state law, and is any of the following:

1. A developed parcel of land that is in active use less than 50 days during a calendar year.

2. An undeveloped parcel of land that is in Active use less than 50 days during a calendar year.

3. A condominium, duplex, or townhouse residential unit under separate ownership that is in Active use less than 50 days during a calendar year. a. Except as provided in subdivision 4 below, for parcels with multiple units, whether residential or non-residential, the parcel is not vacant if any unit on it is not vacant. A condominium, duplex, or townhouse unit under separate ownership is treated as a separate parcel for the purposes of this Chapter, and if it is vacant, is subject to the tax regardless of the status of any other unit on the same lot or that is part of the same development.

4. A parcel of land where ground floor commercial activities are allowed by the applicable zoning (with or without a use permit), or are a legal nonconforming use, and all of the ground floor space that could be lawfully occupied by commercial activities is in Active use less than fifty 50 days in a calendar year.
a. Parcels determined to be vacant under this section shall be subject to the tax regardless of whether any other portion of the structures on the parcel are occupied.

B. The City Council shall establish, by ordinance, a method for determining and identifying the use and vacancy status of each parcel of real property in the City.

3.70.030 - Imposition of Special Parcel Tax on Vacant Property A. A special tax in the amounts set forth below is hereby imposed on every vacant parcel of real property within the City, other than those exempted in Section

3.70.030 K. of this chapter.

B. The tax constitutes a debt owed by the Owner of each parcel to the City. 167
15 C. Unless the City Council selects another method for collection of the tax, the County shall levy and collect the tax on each parcel of real property in the City for which the Owner receives a separate ad valorem property tax bill, at the same time and manner, and subject to the same penalties and procedures as ad valorem property taxes collected by the County except as otherwise set forth in this Ordinance.

D. If the City Council selects collection of the tax by the County, the tax shall be imposed on the ad valorem property tax bill for the fiscal year that begins July 1 following the end of the calendar year in which the parcel was vacant. The special tax shall first be imposed and collected no sooner than the ad valorem property tax bill for fiscal year 2024-2025 for parcels that were vacant in the 2023 calendar year.

E. Tax Rates.

1. The maximum tax rates for each property type shall be as set forth in the table below. The City shall be responsible for assigning a tax rate for each parcel.

Zoning District Zoning Description Annual Tax Rate
ADD Airport Development District $200 per acre per parcel AP Airport Park $200 per acre per parcel
BP Business Park $600 per acre per parcel
C Commercial $600 per acre per parcel
DL-2.5 Desert Living 2.5 $50 per acre per parcel
DL-5 Desert Living 5 $50 per acre per parcel
DL-9 Desert Living 9 $50 per acre per parcel
LM Light Manufacturing $600 per acre per parcel
MI Manufacturing/Industrial $600 per acre per parcel
MU Mixed Use $600 per acre per parcel
OS Open Space $50 per acre per parcel
PU Public Utilities $0 per acre per parcel
R1 Single Family Residential $300 per acre per parcel
R3-30 High Density Residential $300 per acre per parcel R3-8 Medium Density Residential $400 per acre per parcel R-M12 Medium Density Residential $400 per acre per parcel R-S1 Single Family Residential $300 per acre per parcel R-S5 Single Family Residential $300 per acre per parcel U Uncategorized or unassigned $200 per acre per parcel
For purposes of calculating the maximum tax rates set forth herein, parcels that are a fraction of an acre shall be rounded up to the nearest whole acre. 168
16 F. Real property otherwise wholly exempt from ad valorem tax by state law shall also be exempted from the tax imposed by this Ordinance.

G. City Council Discretion to Temporarily Reduce Maximum Authorized Tax Rates and Authorize Additional Exemptions.

1. The City Council, in its sole discretion, may, by resolution, temporarily decrease the annual tax rate imposed less than the maximum amount authorized in Section 3.70.030, subsection E. Following any such temporary decrease in the annual tax rate, the City Council may, by resolution, restore the annual tax rate back up to the maximum rate authorized in Section 3.70.030, subsection E, or to any other amount less than the maximum rate authorized in Section 3.70.030, subsection E, without obtaining voter approval.

2. The City Council may, in its discretion, adopt and/or repeal additional categories of exemption, provided that such exemptions are approved or repealed by Ordinance. The foregoing notwithstanding, in no event may the City Council repeal exemptions expressly approved by the voters as part of this Ordinance.

H. Automatic Cost of Living Adjustments to Tax Rates.

The maximum special tax rates specified in subsection E shall be automatically adjusted by an increment not to exceed the annual percentage change in the March Consumer Price Index (CPI). Regardless of whether the special tax rate has been reduced to an amount below the maximum special tax rate allowed in Section 3.70.030, subsection E, the maximum tax rate applicable for the following year shall be the maximum special tax rate that could have otherwise been levied, not to exceed CPI. Even if the City Council elects to impose a lesser special tax in any fiscal year, in any later fiscal year the City Council may still elect to impose up to the full authorized maximum special tax rate.

I. For properties wholly within San Bernardino County and divided by Tax Rate Area lines into multiple parcels, the property shall be taxed as a single parcel at the rates set forth above.

J. Imposition of Tax by Zones.

The City Council may, by ordinance, establish zones or areas within the City and may restrict the levy of the tax to properties within the zones or areas established.

K. Exemptions.

1. For purposes of the exemptions set forth in this section, the term “Owner” shall be defined as a natural person. “Owner” shall not include a business entity, such as a limited liability company, corporation, partnership, or 169
17 other business entity, trust, or any other private organization which may be considered a “person” by operation of law.

2. The following may be exempt from the tax imposed by this Ordinance:
a. An Owner who qualifies as very low-income, as the term “very low income” is defined by the United States Department of Housing and Urban Development.
b. An Owner who can demonstrate that exceptional specific circumstances prevent the use or development of the property. By way of example only and without limiting the generality of the foregoing, exceptional specific circumstances that prevent the use or development of property include property damage by a recent natural disaster, an undeveloped parcel adjoining a developed residential parcel and used by the occupants as part of the yard, and property with physical conditions that prevent development. c. An Owner of a property that is under active construction. To qualify for this exemption, an Owner must call for inspections of the construction with sufficient frequency to keep the building permit or permits active.
d. An Owner of property for which an active building permit application is being processed by the City.
e. An Owner of a parcel included in a substantially complete application for planning approvals that has not yet received approval. An Owner of a parcel for which a project with development entitlements have been approved but needing time for completion may apply for and receive an administrative two-year exemption.
f. An Owner of property for which at least 60 percent of the accessible dry land is actively used for a community garden(s), or Agriculture as defined in Section 17.200.020 and developed in accordance with the applicable standards set forth in Title 17 of this Code.
g. An Owner (1) who is 65 years of age or older and (2) who qualifies as “low income,” as the term “low income” is defined by the United States Department of Housing and Urban Development. h. An Owner who, regardless of age, (i) receives Supplemental Security Income for a disability or (ii) Social Security Disability Insurance benefits, regardless of age and whose yearly income 170
18 does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services.
i. An Owner that is a non-profit organization or entity owned or controlled by a non-profit organization.

3. The City Council, in its discretion, shall be authorized to establish procedures, criteria and guidelines for Owners to apply for and be granted relief under the exemptions referenced above, provided such procedures, criteria and/or guidelines are not expressly in conflict with the voterapproved provisions of this Ordinance. Such procedures, criteria and guidelines may be established by ordinance or resolution of the City Council. The City Council, in its discretion, also reserves the right to establish such other exemptions to the tax imposed by this Ordinance, and authorize the methods of collection of the said, as it determines to be appropriate.

4. Subject to City Council oversight and direction, the City Manager’s designee, (which if not otherwise designated shall be the Finance Director), shall administer and enforce all such procedures, criteria and guidelines as may be established by the City Council. Owners who claim an exemption may, among other procedures, criteria and guidelines, be required to submit information annually to substantiate their continuing qualification for the exemption.

3.70.040 - Vacant Property Tax Fund
The “Vacant Property Tax Fund” (“Fund”) is hereby created as a special revenue fund.

Proceeds from the Adelanto Vacant Property Tax, including penalties and interest earned on such proceeds, shall be deposited into the Fund and used only for the purposes listed in Section 3.70.050 of this chapter.

3.70.050 - Use of Vacant Property Tax Act Revenue
A. Monies deposited in the Vacant Property Tax Fund shall be used solely for those purposes identified in this Section.

B. Tax funds may be used to fund programs and services for parks and recreation programs for the community, including but not limited to, Senior citizen programs, after school programs, capital improvements of City parks and public facilities, and park and facility maintenance; public safety services including law enforcement and fire protection; capital projects to improve City infrastructure, including the construction and maintenance of roads, construction and maintenance of sidewalks, and storm water runoff and drainage; code 171
19 enforcement and cleanup of blighted vacant properties, other blight elimination, and remedying illegal dumping.

C. In the first fiscal year 2024-2025, ten percent of the revenue deposited into the Vacant Property Tax Fund shall be used to pay for parks and recreation infrastructure, maintenance, programs and services. In all future fiscal years, no less than 5 percent but no more than 20 percent of the revenue deposited into the Vacant Property Tax Fund shall be used for this purpose.

D. In the first fiscal year 2024-2025, five percent of the revenue deposited into the Vacant Property Tax Fund shall be used to pay for code enforcement and cleanup of blighted vacant properties, other blight elimination, and remedying illegal dumping, including legal action to address any of the foregoing as necessary. In all future fiscal years, no less than 2 percent but no more than 15 percent of the revenue deposited into the Vacant Property Tax Fund shall be used for this purpose.

E. In the first fiscal year 2024-2025, sixty-five percent of the revenue deposited into the Vacant Property Tax Fund shall be used to pay for public safety services including law enforcement and fire protection. In all future fiscal years, no less than 50 percent but no more than 80 percent of the revenue deposited into the Vacant Property Tax Fund shall be used for this purpose.

F. In the first fiscal year 2024-2025, twenty percent of the revenue deposited into the Vacant Property Tax Fund shall be used to pay for capital improvements and other infrastructure projects, including the construction and maintenance of roads, construction and maintenance of sidewalks, and storm water runoff and drainage.

In all future fiscal years, no less than 10 percent but no more than 30 percent of the revenue deposited into the Vacant Property Tax Fund shall be used for this purpose.

G. The City Council may by ordinance modify the percentages in subdivisions C, D, E, and F of this Section.

H. Monies in the Vacant Property Tax Fund may be used to pay the costs of audits of the use of monies in the Fund.

I. Monies in the Vacant Property Tax Fund may be used to pay for the City’s costs of the election required to obtain voter approval of the tax authorized by this Ordinance, including City Attorney costs to prepare this Ordinance and related documents.

J. Monies in the Vacant Property Tax Fund may be used to pay for the costs of administering the special tax, regardless of how or by what entity those administrative services are provided. No more than 15 percent of the revenue deposited into the Vacant Property Tax Fund in any single year may be used to 172
20 pay for such administrative costs. Notwithstanding the foregoing, the City shall be reimbursed for its actual costs of establishing the program for collecting the tax, which costs shall be confirmed by the Finance Director. Administrative costs include, but are not limited to:

1. The costs to the City of determining and identifying the use and vacancy status of every parcel in the City;

2. The costs to the City associated with monitoring and enforcing compliance with this Ordinance. Authorized costs include, but are not limited to, any expenses, including attorneys’ fees, associated with any proceedings needed to enforce the requirements of this Ordinance;

3. The costs to the City associated with developing ordinances and regulations to implement this Ordinance;

4. The costs to the City associated with the production of reports and recommendations as set forth in Section 3.70.060 of this Ordinance; and

5. Reimbursement to the County for the costs it incurs in collecting the tax.

K. If this Ordinance or the use of tax funds is legally challenged, tax funds may be used to reimburse the City for its costs of legal defense, including attorneys’ fees and other expenses.

3.70.060 - Vacant Property Tax Advisory Commission
A. The Adelanto Vacant Property Tax Advisory Commission is hereby established for citizen oversight of the Vacant Property Tax.

B. The Commission shall meet at least four (4) times per fiscal year.

C. The Commission, as established by this Section, shall advise the City Council regarding use of the revenue generated by the Tax as authorized in Section

3.70.050.

1. The Commission shall review relevant financial and operational reports related to the expenditure of the Vacant Property Tax Fund. The Commission shall publish an annual report regarding how and to what extent the City has implemented this Ordinance. Additionally, the Commission may publish reports regarding the following: (1) recommendations on how to allocate the tax funds in accordance with the requirements of this Ordinance; (2) information, if available, concerning the impact of this Ordinance on illegal dumping and related issues in the City; and (3) any additional information that the Commission deems 173
21 appropriate. The City Council may assign other duties to the Commission as provided for by Ordinance.

2. Within 30 days of receipt of a Commission report, the City Manager or designee shall cause the report to be published on the City’s Internet website and to be transmitted to the City Council. The Report and Recommendations shall be included in the published packet and provided to the City Council as part of the Agenda at the meeting(s) at which the Council allocates the Vacant Property Tax funding. The foregoing notwithstanding, the failure of the Commission to submit its annual report in any given year shall not operate to prevent the City Council from undertaking the allocation of the Vacant Property Tax funding.

D. The Commission shall consist of five (5) members who are all residents of the City. City Councilmembers shall make recommendations for members to the Mayor. Members of the Commission shall be appointed by the Mayor and confirmed by the City Council in accordance with City Charter Article XI Section 1103. Members of the Commission shall receive no salary for serving.

E. Members shall serve three (3) year terms, as provided for in this subsection. No member shall serve more than two (2) consecutive three (3) year terms. Of the initial members of the Commission, two (2) appointments shall be for one-year terms, and three (3) appointments shall be for three- year terms. Thereafter, all terms shall be for three (3) years. All terms of members shall begin as of the date that three (3) members have been appointed, which is when the Commission may begin its work. All future terms shall begin and end on that date. A quorum of the Commission shall be a majority of appointed members, but shall never be fewer than three (3) members. The foregoing notwithstanding, all members of the Commission shall serve at the pleasure of the City Council and may be removed and replaced by the City Council at any time without cause upon the issuance of prior written notice to the Commissioner. Absence from three (3) consecutive regular meetings, or four (4) non-consecutive regular meetings during a single fiscal year, may constitute cause for removal from the Commission, in accordance with City Charter Article XI Section 1103.

F. The City Manager or designee shall provide clerical assistance and administrative support and technical assistance to the Commission.

3.70.070 - Accountability
A. In accordance with the requirements of California Government Code Sections 50075.1 and 50075.3, the following accountability measures, among others, shall apply to the tax:

1. A separate, special account, referred to as the Vacant Property Tax Fund, shall be created, into which the proceeds of the tax must be deposited. 174
22 2. The specific purposes of the tax are for the funding of programs and services for parks and recreation programs for the community, including Senior citizen programs, after school programs, capital improvements of City parks and public facilities, and park and facility maintenance; public safety services including law enforcement and fire protection; capital projects to improve City infrastructure, including the construction and maintenance of roads, construction and maintenance of sidewalks, and storm water runoff and drainage; code enforcement and cleanup of blighted vacant properties, other blight elimination, and remedying illegal dumping; and for the other purposes set forth in Section 3.70.050 of this Ordinance. The proceeds of the tax shall be applied only to these specific purposes.

3. The Finance Director shall perform regular audits to ensure accountability and proper disbursement of all revenue collected by the City from the tax imposed by this Ordinance, in accordance with the objectives stated herein and in compliance with provisions of California law, and shall provide the City Council with the annual report required by 50075.3 of the Government Code.

B. During the term of the tax, the City of Adelanto shall not reduce the amount of unrestricted General Fund expenditures used for code enforcement and cleanup of blighted vacant properties, other blight elimination, and illegal dumping remediation below the amount expended in the 2023-2024 fiscal year. The Finance Director’s reports on the uses of the Vacant Property Tax Fund shall include the percentage that was spent on blight elimination and illegal dumping remediation and shall also evaluate whether the City has satisfied the requirement to maintain the set level of unrestricted General Fund expenditures. If the Finance Director finds that in any fiscal year the amount of unrestricted General Fund expenditures on blight elimination and illegal dumping remediation is less than the total amount expended in fiscal year 2023-2024, the City of Adelanto shall increase unrestricted General Fund expenditures for those uses within the following two fiscal years so that total unrestricted General Fund expenditures on those uses over three fiscal years is equal to three times the fiscal year 2023-2024 expenditures.

3.70.080 – Increase Appropriations Limit.

Pursuant to California Constitution Article XIIIB, the appropriation limit for the City of Adelanto is hereby increased by $6,200,000 for each of the four fiscal years from 2024- 25 through 2027-28.

SECTION 4. Severability.
175
23 If any section, subsection, part, clause, sentence or phrase of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the validity of the remaining portions of this Ordinance, the application thereof and the tax imposed shall not be affected thereby, but shall remain in full force and effect, it being the intent of the People to adopt each and every section, subsection, part, clause, or phrase regardless of whether any other section, subsection, part, clause, or phrase or the application thereof is held to be invalid or unconstitutional.

SECTION 5. California Environmental Quality Act Requirements.

The City Council hereby determines that this Ordinance is not in-and-of-itself a “project” pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq., including without limitation CEQA Guidelines 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the adoption of the ordinance itself may have a significant effect on the environment. To the extent that vacant property tax revenues generated by the Ordinance may in the future be used to fund the construction of capital improvements, the Ordinance may assist in the financing of future “projects” that will be subject to environmental review pursuant to CEQA at the “earliest feasible time” prior to “approval” consistent with CEQA Guidelines Sections 15004 and 15352.

SECTION 6. Approval; Effective Date.

This Ordinance shall become effective immediately upon the following conditions: (i) approval of the ballot measure seeking approval of this Ordinance by 2/3 majority of the voters casting votes at the Election of the City of Adelanto to be held March 5, 2024; (ii) certification of all votes cast by the City Council confirming that a 2/3 majority of voters have approved the ballot measure approving this Ordinance; and (iii) implementation of this Ordinance by City Council upon certification of the election results.

SECTION 7. Council Amendments.

This Ordinance may only be amended by a vote of the people if the amendment would result in the special tax being imposed, extended, or increased in a manner not authorized by this Ordinance as originally approved by the voters. The City Council of the City of Adelanto is hereby authorized to amend Chapter 3.70 of the Adelanto Municipal Code as adopted by this Ordinance in any manner that does not increase the tax rates, or otherwise constitute a tax increase for which voter approval is required by Article XIII C of the California Constitution.

SECTION 8. Expiration of Tax.

This Ordinance shall expire 20 years after it is first levied. By way of example only and without limiting the generality of the foregoing, if the tax were first levied in the 2024-25 tax year, the 2044-45 tax year would be the last year in which it may be levied. The 176
24 voters of the City of Adelanto may amend the term of the tax at any time prior to its expiration.

PASSED, APPROVED and ADOPTED this day of , .
_____________________________
Gabriel Reyes, Mayor
ATTEST:
___________________________________
Brenda Lopez, CMC, City Clerk
APPROVED AS TO FORM:
______________________
Todd Litfin, City Attorney
177
25 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF ADELANTO )
I HEREBY CERTIFY that the foregoing ORDINANCE NO. 647 was duly adopted by the City Council of the City of Adelanto at a regular meeting thereof, held on the day of , 2024, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Brenda Lopez, CMC, City Clerk
178