Adelanto City Council
April 10, 2024

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
April 10, 2024

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 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.
1 REGULAR MEETING
April 10, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 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
April 10, 2024
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. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 – Employment, Position: Finance Director
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
April 10, 2024
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
April 10, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us M. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

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

2. Receive and file Business License Department Report.

3. Amendment No. 1 to the professional services agreement for Human Resources Consulting Services.

4. Approve Resolution No. 24-36 authorizing submittal of a claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act Article 3 funds for Jonathan Street / Chamberlaine Way Transit Stop Improvements project.

RESOLUTION NO. 24-36

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, STATE OF CALIFORNIA, AUTHORIZING

SUBMITTAL OF A CLAIM TO THE SAN BERNARDINO

COUNTY TRANSPORTATION AUTHORITY FOR
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3

FUNDS FOR TRANSIT IMPROVEMENTS AT JONATHAN

STREET PROJECT

5. Adopt Resolution No. 24-37 reciting the fact of the election and such other matters provided by law.

RESOLUTION NO. 24-37

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, RECITING THE FACT OF

THE GENERAL MUNICIPAL ELECTION HELD THE PRESIDENTIAL
PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024, DECLARING THE

RESULT AND SUCH MATTERS AS PROVIDED BY LAW
5 REGULAR MEETING
APRIL 10, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

6. Declaration of Surplus Property Under the Surplus Property Act - The Property in Front of City Hall Along Air Expressway and Highway 395 at 11600 Air Expressway, Adelanto CA 92301 – City Hall (APN 0459-221-20 and APN 0459-221-04)
RESOLUTION NO. 24-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS 11600 AIR
EXPRESSWAY, ADELANTO, CA 92301 (APN 0459-221-20 AND APN 0459- 221-04) IS SURPLUS LAND AND IS NO LONGER NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY MANAGER TO FOLLOW THE

PROCEDURES SET FORTH IN THE SURPLUS LAND ACT FOR THE SALE

OF SURPLUS LAND
M__________________S__________________ACTION__________________ N. ADELANTO PUBLIC UTILITY AUTHORITY NEW BUSINESS
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.

PUBLIC COMMENT: OPEN: CLOSED:

1. RANCHO ROAD AND VIOLET ROAD EMERGENCY VALVE REPLACEMENT. (KAVOUSE/RICHARD)
RECOMMENDATION: Staff recommends the City Council approves the construction contract agreement with High Desert Underground Inc. in the amount of $126,695.00 to provide emergency valve repair work at the intersection of Violet Road and Adelanto Road including Rancho Road and Adelanto Road.

M__________________S__________________ACTION__________________ O. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. CITY OF ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, ANNEXATION OF ADELANTO VILLA-TRACT 20507 (2023-031) (SABA) RECOMMENDATION: Staff recommends that the City Council take the next and final steps to complete the annexation process for Tract 20507.
6 REGULAR MEETING
APRIL 10, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us It is requested that the City Council open the Public Hearing regarding the annexation of Tract 20507 to the District and the proposed assessments in order to accept public testimony and any written protests regarding these proceedings. Upon conclusion of the public testimony, the Mayor will close the Public Hearing and direct the City Clerk or their designee to open and tabulate the ballots received, which may take a few minutes. Upon completion of the tabulation, the City Clerk will present to the City Council the results of that tabulation which will be in the form of total dollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the assessments (“No” votes); and as a matter of procedure, the City Council would then adopt the first of two resolutions which formally declares the results of protest ballot proceedings. Based on the weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a majority protest of the proposed assessments, and the City Council will abandon any further proceedings at this time to annex this Annexation Territory to the District or to levy the annual assessments. If majority protest does not exist, it is requested that the City Council adopt the second resolution which formally annexes Tract 20507 to the District, confirms the Assessment Diagram and assessments outlined in the Engineer’s Report, and orders the levy and collection of the assessments for the Annexation Territory to be collected on the County tax rolls for Fiscal Year 2024/2025 as identified in the Engineer’s Report.

1.) CONDUCT THE PUBLIC HEARING REGARDING THE ANNEXATION OF TRACT 20507 TO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO.

1. 2.) AFTER RECEIVING ALL TESTIMONY, CLOSE THE PUBLIC HEARING AND

DIRECT CITY CLERK OR THEIR DESIGNEE TO TABULATE THE BALLOTS RETURNED.

3.) UPON COMPLETION OF THE BALLOT TABULATION ADOPT THE
FOLLOWING RESOLUTION.

RESOLUTION NO. 24-32

DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT

PROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF ADELANTO VILLA-TRACT 20507 TO THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, FISCAL YEAR 2023/2024 AND APPROVING CERTAIN RELATED ACTIONS.

4.) IF MAJORITY PROTEST DOES NOT EXIST, ADOPT THE FOLLOWING RESOLUTION (Otherwise no further action is required).
7 REGULAR MEETING
APRIL 10, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RESOLUTION NO. 24-33
CONFIRMING THE ANNEXATION OF PARCELS WITHIN ADELANTO VILLATRACT 20507 TO THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, THE DIAGRAM AND ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024, OVERRULING ALL PROTESTS

CONCERNING THE ASSESSMENTS, AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024/2025.

M__________________S__________________ACTION__________________ PUBLIC COMMENT: OPEN: CLOSED:

2. CITY OF ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, ANNEXATION OF ADELANTO VILLA-TRACT 20507 (2023-031). (SABA) RECOMMENDATION: Staff recommends that the City Council take the next and final steps to complete the annexation process for Tract 20507.

It is requested that the City Council open the Public Hearing regarding the annexation of Tract 20507 to the District and the proposed assessments in order to accept public testimony and any written protests regarding these proceedings. Upon conclusion of the public testimony, the Mayor will close the Public Hearing and direct the City Clerk or their designee to open and tabulate the ballots received, which may take a few minutes. Upon completion of the tabulation, the City Clerk will present to the City Council the results of that tabulation which will be in the form of total dollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the assessments (“No” votes); and as a matter of procedure, the City Council would then adopt the first of two resolutions which formally declares the results of protest ballot proceedings. Based on the weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a majority protest of the proposed assessments, and the City Council will abandon any further proceedings at this time to annex this Annexation Territory to the District or to levy the annual assessments. If majority protest does not exist, it is requested that the City Council adopt the second resolution which formally annexes Tract 20507 to the District, confirms the Assessment Diagram and assessments outlined in the Engineer’s Report, and orders the levy and collection of the assessments for the Annexation Territory to be collected on the County tax rolls for Fiscal Year 2024/2025 as identified in the Engineer’s Report.

1.) CONDUCT THE PUBLIC HEARING REGARDING THE ANNEXATION OF TRACT 20507 TO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO.

1. 2.) AFTER RECEIVING ALL TESTIMONY, CLOSE THE PUBLIC HEARING AND

DIRECT CITY CLERK OR THEIR DESIGNEE TO TABULATE THE BALLOTS RETURNED.
8 REGULAR MEETING
APRIL 10, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

3. UPON COMPLETION OF THE BALLOT TABULATION ADOPT THE FOLLOWING RESOLUTION.

RESOLUTION NO. 24-34

DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT

PROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF ADELANTO VILLA-TRACT 20507 TO THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, FISCAL YEAR 2023/2024 AND APPROVING CERTAIN RELATED ACTIONS.

4.) IF MAJORITY PROTEST DOES NOT EXIST, ADOPT THE FOLLOWING RESOLUTION (Otherwise no further action is required).

RESOLUTION NO. 24-35
CONFIRMING THE ANNEXATION OF PARCELS WITHIN ADELANTO VILLATRACT 20507 TO THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, THE DIAGRAM AND ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024, OVERRULING ALL PROTESTS

CONCERNING THE ASSESSMENTS, AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024/2025.

M__________________S__________________ACTION__________________ P. ITEMS REMOVED FROM THE CONSENT CALENDAR
Q. 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. 9 REGULAR MEETING
APRIL 10, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us R. 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
S. ADJOURNMENT
The next Regular Meeting of the City Council will be held on April 24, 2024, 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 APRIL 6, 2024, 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
T. DECLARATION OF POSTING
10 REGULAR MEETING
APRIL 10, 2024
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 11 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
APRIL 10, 2024
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: April 6, 2024 Brenda Lopez, City Clerk, CMC
12 CITY COUNCIL

AGENDA REPORT
1 | P a g e
STAFF RECOMMENDATION:

Staff recommends that the City Council accept the monthly Business License Division report for the period ending March 31, 2024.

BACKGROUND:

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

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

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

FISCAL IMPACT:

A total of $4,309.87 processed during the month of March 2024.

ATTACHMENTS:

1. Monthly New Business Activity Listing for March 2024.

2. Monthly Cash Receipt List for March 2024.

DATE: April 5, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: HdL Companies / Via: Brenda Lopez, City Clerk
SUBJECT: BUSINESS LICENSE REPORT – MARCH 2024
13 CITY COUNCIL

AGENDA REPORT
2 | P a g e
MARCH SUMMARY:
25%
13%
6%
9%
32%
13% 1% 1%
Contractors (17) Home Business (9) General Retail (4) General Service (6) Rental Property (22) Manufacturing (9) Professional (1) Vehicles (1) 0 25
50 75
100
125
150
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
2019 2020 2021 2022 2023 2024
Business License Accounts Processed by Rate Category
(Total Record Count = 69)
35%
65%
Based Outside the City = 24 Based Inside the City = 45

TOTAL NUMBER OF ACCOUNTS PROCESSED BUSINESS LICENSES ISSUED BY LOCATION 14 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount 17325 MUSKRAT INC. 17325 MUSKRAT AVE Manufacturing Flat Fee Yes Renewal 2024-03-17 $104.00 AN AMAZING RENTAL COMPANY 10414 RODEO CIR Misc Business Yes Renewal 2024-03-02 $54.00 BART BOESE ENTERPRISE 14329 JEREMIAH ST Hotels,Motels & Other Rental Units Yes Renewal 2024-03-02 $34.00 BLANCA HAMMETT TRANSLATIONS 15805 DESERT PASS ST Home Occupation Yes Renewal 2024-03-08 $29.00 BOUTIQUE PURPLE SCIENCE LLC 10109 YUCCA RD Manufacturing Yes Renewal 2024-03-18 $79.00 BUD VINZANT 18367 PEARMAIN ST Hotels,Motels & Other Rental Units Yes Renewal 2024-03-11 $34.00 CA 420 PROPERTIES 1017 W CASMALIA ST Manufacturing No Renewal 2024-03-02 $79.00 CAL TRACK DISTRIBUTIONS, LLC 16252 KOALA RD Manufacturing Flat Fee Yes Renewal 2024-03-31 $104.00 CALIFORNIA SHOWCASE CONST. INC. 1507 MARLBOROUGH AVE Contractors (Class A, B1, C20) No Renewal 2024-03-22 $104.00 CHAPPARAL LLC 11157-11159 CHAPPARAL AVE Hotels,Motels & Other Rental Units Yes Renewal 2024-03-25 $34.00 CLARK PACIFIC PRECAST 9367 HOLLY RD Manufacturing Yes Renewal 2024-03-22 $104.00 COMPETITIVE ASPHALT COATINGS, INC. 8203 ALABAMA ST Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2024-03-13 $64.00 COYOTE GARDENING SERVICES 11444 VILLA ST Home Occupation Yes Renewal 2024-03-23 $29.00 DA GOOD VIBES, LLC 139 PAWNEE ST Restaurant No New Application 2024-03-19 $54.00 DAVID VERGANI 18506 LARKSPUR RD Hotels,Motels & Other Rental Units Yes Renewal 2024-03-13 $34.00 DEE'S MOBILE LIVESCAN 14773 KIMBERLY ST Misc Business Yes Renewal 2024-03-02 $54.00 DUST TO SHINE LAUNDRY 11424 CHAMBERLAINE WAY UNIT 10 Laundries or Laundromat Yes Renewal 2024-03-20 $104.00 DXC AGRICULTURE LLC 23679 CALABASAS RD STE 773 Misc Business No Renewal 2024-03-31 $54.00 E B S UTILITIES ADJUSTING INC 1345 QUARRY ST #101 Contractors (Class A, B1, C20) No Renewal 2024-03-18 $104.00 EBMEYER'S PLUMBING SERVICE INC 15084 FLATHEAD RD Contractors (C21, C35, C36, C39, C51) No Renewal 2024-03-02 $79.00 EL MONTECITO MEXICAN RESTAURANT 11720 BARTLETT AVE Restaurant Yes Renewal 2024-03-29 $54.00 EXO ENERGY INC. 1358 LA MIRADA DR Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2024-03-11 $64.00 FERNANDO CALVA CALVA 17950 BELLFLOWER ST #A&B Hotels,Motels & Other Rental Units Yes Renewal 2024-03-07 $34.00 GEEZ BROS 11175 ALDEN RD Manufacturing Flat Fee Yes Renewal 2024-03-05 $158.00 GENERAL ATOMICS AERONAUTICAL SYSTEMS, INC. 9780 RANCHO RD Manufacturing Flat Fee Yes Renewal 2024-03-27 $104.00 GLEN LARSON - MULTIPLE UNITS 11156 CHAMBERLAINE WAY Hotels,Motels & Other Rental Units Yes Renewal 2024-03-23 $25.87 GREWAL PROPERTY MANAGEMENT PO BOX 3307 Hotels,Motels & Other Rental Units No Renewal 2024-03-09 $34.00 GUADALUPE PEREZ 1134 E 32ND ST Hotels,Motels & Other Rental Units No Renewal 2024-03-16 $34.00 GUISEN LIU 18219 LARKSPUR ROAD Hotels,Motels & Other Rental Units Yes Renewal 2024-03-04 $34.00 HIGH DESERT HANDYMAN LLC 2108 N ST STE N Misc Business No Renewal 2024-03-29 $54.00 Process Summary:

New - Pending Approval: 3
Renewal Accounts: 65
Reinstated Accounts: 1 Attachment No. 1
Reporting Period: March 2024
Total Licenses Processed: 69
15 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount HIGH DESERT UNDERGROUND INC 13355 OSAGE CT Contractors (All Other Class 'C') No Renewal 2024-03-04 $54.00 INDUSTRIAL INTEGRITY SOLUTIONS 12011 AIR EXPY Misc Business Yes Renewal 2024-03-02 $54.00 JACKSONS LEGACY TRANSPORT LLC 15109 DAISY RD Home Occupation Yes Renewal 2024-03-24 $29.00 JB POWER 2645 E RIVERSIDE DR #B Contractors (C4, C6, C8, C10, C12, C16, C42) No New Application 2024-03-10 $64.00 JEFF ZHANG 15014 STAFFORD AVE Hotels,Motels & Other Rental Units Yes Renewal 2024-03-08 $30.00 JUAN MANUEL ARELLANO 10369 MENDICINO RD Hotels,Motels & Other Rental Units Yes Renewal 2024-03-20 $34.00 KOALA GREEN DEVELOPMENT 16252 KOALA RD Manufacturing Flat Fee Yes Renewal 2024-03-31 $104.00 LEVION CONSTRUCTION LLC 49 CALYPSO Contractors (Class A, B1, C20) No Renewal 2024-03-25 $104.00 LKQ LAKENOR AUTO & TRUCK SALVAGE, INC. 11200 ALDEN RD Auto/Truck Wrecking Yes Renewal 2024-03-24 $154.00 MILLER EQUIPMENT COMPANY INC 42636 8TH ST E Contractors (Class A, B1, C20) No Renewal 2024-03-30 $104.00 MOEINI FAMILY TRUST 10575 MOORFIELD CIR Hotels,Motels & Other Rental Units Yes Renewal 2024-03-02 $34.00 NEW LEAF MINISTRIES 11877 TARA LN Home Occupation Yes Renewal 2024-03-11 $29.00 NEXGEN AIR CONDITIONING AND HEATING 700 N VALLEY ST STE K Contractors (Class A, B1, C20) No Renewal 2024-03-15 $104.00 NITRAM MANAGEMENT SOLUTIONS, LLC 16507 HOLLYHOCK RD Hotels,Motels & Other Rental Units Yes Renewal 2024-03-02 $34.00 OPTIMUM, INC. 17890 VALLEY BLVD Contractors (Class A, B1, C20) No Renewal 2024-03-14 $104.00 PANADERIA AZTECA 11398 BARTLETT AVENUE Restaurant Yes Renewal 2024-03-31 $54.00 PATRICK WATTS 11598 LA PAZ ST Hotels,Motels & Other Rental Units Yes Renewal 2024-03-02 $34.00 PETER SIK 11390 BRISTOL CT Hotels,Motels & Other Rental Units Yes New Application 2024-03-28 $34.00 R.M. MYERS CORPORATION 11010 RANCHO RD Manufacturing Flat Fee Yes Renewal 2024-03-07 $104.00 RAINTREE GARDEN APARTMENTS 18125 BELLFLOWER ST Hotels,Motels & Other Rental Units Yes Renewal 2024-03-12 $112.00 RELIABLE CLEAN OUTS 11611 VILLA ST Home Occupation Yes Renewal 2024-03-21 $29.00 RICHARD BELL 2345 STATHAM BLVD Contractors (Class A, B1, C20) No Renewal 2024-03-30 $104.00 RUDY MENDOZA 11246-11252 CHAPPARAL AVE Hotels,Motels & Other Rental Units Yes Renewal 2024-03-02 $68.00 RUSSELL ROBERTSON 11544 SPRING ST Hotels,Motels & Other Rental Units Yes Renewal 2024-03-02 $34.00 SHARI MEDOW HOOTS 18265 JONATHAN STREET Home Occupation Yes Renewal 2024-03-24 $29.00 SPARKLES CLEANING SERVICE 11530 SUMMER ST Home Occupation Yes Renewal 2024-03-19 $29.00 STANTEC CONSULTING SERVICES INC 300 N LAKE AVE STE 400 Contractors (Class A, B1, C20) No Renewal 2024-03-16 $104.00 T MCGEE ELECTRIC, INC. 2390 S RESERVOIR ST Contractors (C4, C6, C8, C10, C12, C16, C42) No Reinstated 2024-03-20 $64.00 TABOR LIVING TRUST 10522 ARLINGTON ST Hotels,Motels & Other Rental Units Yes Renewal 2024-03-23 $34.00 TACOS ROMERO 10718 ALTON CT Home Occupation Yes Renewal 2024-03-03 $29.00 Process Summary:

New - Pending Approval: 3
Renewal Accounts: 65
Reinstated Accounts: 1 Attachment No. 1
Reporting Period: March 2024
Total Licenses Processed: 69
16 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount THE WAY RESOURCE CENTER 11995 SPRING HILL CT Home Occupation Yes Renewal 2024-03-09 $29.00 TRUE PWR LLC 30598 WING WALKER WAY Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2024-03-24 $64.00 TRUJILLO, ROLAND & LETICIA 11753 POPPY Hotels,Motels & Other Rental Units Yes Renewal 2024-03-26 $34.00 WASTE MANAGEMENT OF ADELANTO PROPANE + SEWAGE 416 N DENNISON RD Septic Tank/Cesspool Cleaning No Renewal 2024-03-31 $64.00 WELLINGTON SOOHOO 18072 JUNIPER STREET Hotels,Motels & Other Rental Units Yes Renewal 2024-03-29 $34.00 WHITE CONSTRUCTION 23076 PAPAGO RD Contractors (Class A, B1, C20) No Renewal 2024-03-29 $104.00 WILSON ELIAS 11802 WALLFLOWER CT Hotels,Motels & Other Rental Units Yes Renewal 2024-03-20 $34.00 YELLOW DREAM FARM 17331 MUSKRAT AVE Misc Business Yes Renewal 2024-03-19 $54.00 YESCO SIGNS LLC 2401 FOOTHILL DR Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2024-03-31 $64.00 Process Summary:

New - Pending Approval: 3
Renewal Accounts: 65
Reinstated Accounts: 1 Attachment No. 1
Reporting Period: March 2024
Total Licenses Processed: 69
17 Totals for New Receipts
Summary by GL Account #
Paid to Client
Building Dept - Commercial Zoning Fees $100.00
Business License Tax - G/L #100-0000-43035 $604.00
Penalties - G/L #100-0000-43035 $128.40
SB-1186 Fees - City Portion $21.60
SB-1186 Fees - State Portion $2.40
Total: $856.40
Paid to HdL
Unknown ($1.00)
Building Dept - Commercial Zoning Fees $100.00
Building Dept - Home Occupation Zoning Fees ($178.08)
Business License Tax - G/L #100-0000-43035 $5,194.02
Penalties - G/L #100-0000-43035 $350.59
SB-1186 Fees - City Portion $327.60
SB-1186 Fees - State Portion $36.40
Total: $5,829.53
Summary by Payment Type
6 Check 686.34
7 Credit Balance -
62 Credit Card 3,589.63
16 eCheck 1,553.56
4 Paid at City 856.40
95 Grand Total: $6,685.93
Summary by Geo Area
95 6,685.93
95 Grand Total $6,685.93
City of Adelanto
Business License Division
Cash Receipts Summary
3/01/2024 to 3/31/2024
Attachment 2
18 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: April 10, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Jessie Flores, City Manager
SUBJECT: AMENDMENT NO.1 PROFESSIONAL SERVICES AGREEMENT FOR HUMAN

RESOURCES CONSULTING SERVICES
STAFF RECOMMENDATION:

Staff recommends the City Council approve Amendment No. 1 to the professional services agreement for Human Resources Consulting Services.

BACKGROUND:

Ed Raya has been providing Human Resources Consulting services to the City since May 2023 under a previously established contract. The City now seeks to amend the existing agreement with Ed Raya to extend the term of the contract and make adjustments to compensation terms.

The City proposes to amend the existing agreement with Ed Raya according to the following terms:

1. Extension of Agreement Term: The term of the Agreement shall be extended to April 10, 2025.

This extension provides continuity of service and ensures the availability of Ed Raya's expertise for an additional period.

2. Amendment to Compensation: Section 1.3 of the Agreement, titled "Compensation," shall be amended as follows:
• Hourly rates: The hourly rates for Ed Raya's services shall be changed to Ninety Dollars ($90.00) per hour, effective from the date of this Amendment forward. • Total compensation cap: The total compensation for the performance of all work outlined in the Agreement shall not exceed the total budgeted aggregate amount of Thirty Thousand Dollars ($30,000) from the date of this Amendment forward.

Consequently, the total compensation authorized from the commencement date of the Agreement is Sixty Thousand Dollars ($60,000).

3. Retention of Terms and Conditions: All other terms and conditions of the original Agreement shall remain in full force and effect, except as explicitly modified by this Amendment. 19 FISCAL IMPACT:
$30,000
ATTACHMENTS:

1. Amendment. No.1.

2. Original Agreement
20 CITY OF ADELANTO
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR HUMAN

RESOURCES CONSULTING SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain PROFESSIONAL SERVICES AGREEMENT FOR HUMAN RESOURCES CONSULTING SERVICES (“Agreement”) made on May 1, 2023 between the City of Adelanto (“City”) and Edward Raya (“Consultant”), which this Amendment No. 1 is made and entered into on April 10, 2024, to amend the term, rate, and compensation:

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2. The term of the Agreement shall be extended to April 10, 2025.

3. Section 1.3 “Compensation” is amended to change the hourly rates to Ninety Dollars ($90.00) per hour from the date of this Amendment forward. Furthermore, the total compensation for the performance of all Work contemplated under the Agreement shall not exceed the total budgeted aggregate amount of Thirty Thousand Dollars ($30,000) from the date of this Amendment forward. Therefore, the total compensation authorized from the commencement date of the Agreement is Sixty Thousand Dollars ($60,000).

4. All other terms and conditions of the Agreement remain in full force and effect.

5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties hereto have caused this Amendment No. 1 to be executed on the date appearing above.

CITY OF ADELANTO: EDWARD RAYA:

By:

Name: Jessie Flores
Title: City Manager
Date:

By:

Name: Edward Raya
Title: Consultant
Date:

APPROVED AS TO FORM:

By:

Todd O. Litfin
Assistant City Attorney
ATTEST
By:

Brenda Lopez
City Clerk
21 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: April 10, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, P.E.

SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, STATE OF

CALIFORNIA, AUTHORIZING SUBMITTAL OF A CLAIM TO THE SAN BERNARDINO

COUNTY TRANSPORTATION AUTHORITY FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS FOR JONATHAN STREET / CHAMBERLAINE WAY TRANSIT STOP

IMPROVEMENTS PROJECT
STAFF RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 24-36 authorizing submittal of a claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act Article 3 funds for Jonathan Street / Chamberlaine Way Transit Stop Improvements project.

BACKGROUND:

The Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans.

On October 11, 2023, SBCTA Board of Directors approved funding from TDA, article 3 Transit Bus Stop Access Program, for the Transit Improvements at Jonathan Street Project in an amount of $144,000. This grant is paid through a reimbursement process and SBCTA requires City to submit a claim and request (s) for reimbursement. Submittal of the claim for TDA Article 3 funds must be first authorized by the Council designated individual who will also certify project completion.

Staff recommends that the City Council approve Resolution No. 24-36 authorizing submittal of a claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act Article 3 funds for Transit Improvements at Jonathan Street project.

FISCAL IMPACT:

No fiscal impact to General Fund
ATTACHMENTS:

A. Awars Letter
B. Council Resolution
C. Claim Form
22 October 11, 2023
Ms. Saba Engineer, City Engineer
Transmitted Via Email to: [email protected]
Re: 2023 TDA Article 3 Award – City of Adelanto
Dear Ms. Engineer,
Congratulations! It is our pleasure to inform you that on October 4th, 2023, the San Bernardino County Transportation Authority (SBCTA) Board of Directors (Board) approved funding in the amount of $144,000 from the Transportation Development Act (TDA), Article 3 Transit Stop Access Program, for your Bus Stop Project(s):

Transit Improvements on Jonathan Street (Match $28,000) For your convenience, attached is the Award List presented to the Board.

Within six months (before April 4, 2024) of funding award notification, or prior to requesting reimbursements of funds, whichever comes first, a one-time submittal of a (1) Claim Form and (2) Authorizing Resolution is required. Forms and a sample resolution can be found at www.gosbcta.com/tda3 under the section title Claims. Additionally, once all required forms are completed, they should be submitted at www.gosbcta.com/tda3 under the section title Claims by clicking on the Submit Claim Form & Resolution button.

Please note that the TDA Article 3 award is considered a grant and is paid through a reimbursement process.

Progress payments may be requested for project awards over $200,000. The award is for a maximum reimbursable amount. Additionally, please ensure that your agency has have read through the TDA Guidelines specifically, Award Requirements. Failure to meet them could result in your award being rescinded. This is important as there are other requirements that will be due within the year. The SBCTA Board set the period of time for completion of your project to comply with TDA provisions, therefore this project must be completed by June 30, 2027.

Again, congratulations on being successful with your project. We look forward to the completion of your project. Should you have any questions please contact me at (909) 884-8276 or [email protected].

Sincerely,
Nancy Strickert
Transit Manager
23 Entity: San Bernardino County Transportation Authority Minute Action
AGENDA ITEM: 11
Date: October 4, 2023
Subject:
2023 Award of Transportation Development Act Article 3 Funds for Transit Stop Access Improvement Projects
Recommendation:

That the Board, acting as the San Bernardino County Transportation Authority:

Award Transportation Development Act Article 3 funds for Transit Stop Access Improvement projects in the amount of $1,440,000 as identified in Attachment A to this item.

Background:

On May 3, 2023 the San Bernardino County Transportation Authority (SBCTA) Board of Directors authorized the release of the Transportation Development Act (TDA) Article 3 Call for Projects for Transit Stop Access Improvement projects. The TDA provides that two percent of the State of California Local Transportation Funds (LTF) be made available to counties and cities for facilities for the exclusive use of bicyclists and pedestrians, known as the TDA Article 3 Program. Local jurisdictions and transit agencies were notified of this opportunity through SBCTA’s website; including social media platforms, Transportation Technical Advisory Committee (TTAC), and Public and Specialized Transportation and Advisory Coordination Council (PASTACC) email lists. The amount of TDA Article 3 funds available for award is $1,440,000. The closing date for the Call for Projects was July 7, 2023.

Eight agencies representing projects in 13 cities submitted applications to improve access to stops as well as to add bus stop fixtures to 122 139 bus stops as part of the Transit Stop Access Improvement projects, for a total funding request of $1,607,224. Each application was reviewed and scored by two SBCTA staff and one consultant. After consideration of all projects, staff is recommending the approval of funding in the amount of $1,440,000 for the projects identified in Attachment A and summarized in Table 1 below and on the following page.

Table 1
Agency Projects
Recommended
Award Amount
Omnitrans Benches/Shelters for the City of Colton $ 117,600 Omnitrans Benches/Shelters for the City of Highland $ 111,200 Omnitrans Benches/Shelters for the City of Montclair $ 144,000 Omnitrans Benches/Shelters for the City of Ontario $ 108,776 Omnitrans Benches/Shelters for the City of Redlands $ 111,200 Omnitrans Benches/Shelters for the City of Rialto $ 128,800 Omnitrans Benches/Shelters for the City of Yucaipa $ 32,000 Victor Valley Transit
Authority (VVTA) Apple Valley Bus Stop Improvements $ 128,002 VVTA Victorville - Sunhill Drive & Chalon Road $ 76,080 VVTA Victorville - Nevada Avenue & McCoy Drive $ 10,362 24 Board of Directors Agenda Item
October 4, 2023

San Bernardino County Transportation Authority
City of Adelanto Transit Improvements at Jonathan Street $ 144,000 City of Fontana 10 Bus Pads in the City of Fontana $ 59,023 City of Loma Linda 11 Bus Stops in the City of Loma Linda $ 50,122 City of Ontario Ontario Improvements $ 32,835
City of San Bernardino Bus Stop Sidewalk Improvements $ 96,000 San Bernardino County
Department of Public
Works Bus Stop Improvements on Pacific Street $ 90,000
Total Award $ 1,440,000
Available $ 1,440,000
Attachment A provides details on the projects recommended for award as well as the projects that did not receive a recommendation. A total of 94 111 projects are recommended for funding sponsored by the Cities of Adelanto, Fontana, Loma Linda, Ontario, San Bernardino, San Bernardino County, Omnitrans, and VVTA.

Financial Impact:

This item has no financial impact on the Fiscal Year 2023/2024 Budget.

Reviewed By:

This item was reviewed and unanimously recommended for approval by the Transit Committee on September 14, 2023. Two corrections to the item were made after it was reviewed and approved by the Transit Committee. There are 122 total projects, and 94 projects recommended for award.

Responsible Staff:

Nancy Strickert, Transit Manager
RESULT: APPROVED [UNANIMOUS]
MOVER: L. Dennis Michael, City of Rancho Cucamonga
SECONDER: Larry McCallon, City of Highland
AYES: Ramos, Bishop, Hernandez, Ulloa, Marquez,
Navarro, Warren, Rodriguez-Robles, Swanson,
McCallon, Jindal, Dutrey, Jernigan, Wapner,
Michael, Barich, Klink, Zuniga, Jones, Duncan,
Denison, Cook, Rowe, Hagman, Baca Jr., Putz
(Alt.)
ABSENT: Robertson, Armendarez, Alexander (Alt)
Approved
Board of Directors
Date: October 4, 2023
Witnessed By:
25 2023 TDA Transit Stop Access Improvement Projects
City Agency Project Title
Total Project
Cost
TDA Art 3
Request Matching Funds
TDA Art 3 Award
Amount
Adelanto
Adelanto Transit Improvements at Jonathan Street $ 172,000.00 $ 144,000.00 $ 28,000.00 $ 144,000.00 Apple Valley
VVTA Apple Valley Bus Stop Improvements $ 160,003.00 $ 128,002.00 $ 32,001.00 $ 128,002.00 Colton
Application 3 Omnitrans Valley @ Rancho WB FS $ 20,000.00 $ 20,000.00 $ - $ 20,000.00 Application 1 Omnitrans Valley @ 3rd WB FS $ 20,000.00 $ 20,000.00 $ - $ 20,000.00 Application 4 Omnitrans Lacadena @ D SB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 4 Omnitrans Mt Vernon @ Laurel NB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 6 Omnitrans Washington @ Meadow Lane EB NS $ 800.00 $ 800.00 $ 800.00 Application 7 Omnitrans Valley @ 4th WB NS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 7 Omnitrans Olive @ Rancho WB FS $ 800.00 $ 800.00 $ 800.00 Application 8 Omnitrans Valley @ 4th EB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 8 Omnitrans Valley @ 10th WB FS $ 20,000.00 $ 20,000.00 $ - Application 8 Omnitrans Washington @ Mojave WB NS $ 800.00 $ 800.00 $ - Application 9 Omnitrans Rancho @ Olive EB NS $ 800.00 $ 800.00 $ - Application 9 Omnitrans Valley @ 10th EB LAT $ 800.00 $ 800.00 $ - Application 9 Omnitrans C St @ Pennsylvania EB FS $ 800.00 $ 800.00 $ - Application 9 Omnitrans Meridian @ Valley SB NS $ 800.00 $ 800.00 $ - Application 9 Omnitrans 11th @ M SB FS $ 800.00 $ 800.00 $ - Application 10 Omnitrans San Bernardino @ Indigo WB FS $ 800.00 $ 800.00 $ - Application 10 Omnitrans Olive @ Meridian EB FS $ 800.00 $ 800.00 $ - Fontana
City of Fontana 10 Bus Pads City of Fontana $ 84,319.00 $ 59,023.00 $ 25,296.00 $ 59,023.00 Highland $ -
Application 2 Omnitrans Baseline @ Valarie EB NS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 2 Omnitrans Highland @ Piedmont EB FS $ 800.00 $ 800.00 $ 800.00 Application 3 Omnitrans Baseline @ Olive EB NS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 3 Omnitrans Baseline @ Osbun WB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Applcation 3 Omnitrans Baseline @ Stoney Creek EB NS $ 800.00 $ 800.00 $ 800.00 Applcation 1 Omnitrans Baseline @ Palm WB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 4 Omnitrans Baseline @ Cole WB FS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans Central @ 5th SB NS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans Central @ 5th NB FS $ 800.00 $ 800.00 $ 800.00 Application 6 Omnitrans Baseline @ Church EB NS $ 800.00 $ 800.00 $ 800.00 Attachment A

26 2023 TDA Transit Stop Access Improvement Projects
City Agency Project Title
Total Project
Cost
TDA Art 3
Request Matching Funds
TDA Art 3 Award
Amount
Highland Cont.

Application 6 Omnitrans Baseline @ Guthrie WB FS $ 800.00 $ 800.00 $ 800.00 Application 6 Omnitrans Central @ Hibiscus NB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 6 Omnitrans Central @ Hibiscus SB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 7 Omnitrans Church @ Jackrabbit SB FS $ 800.00 $ 800.00 $ 800.00 Application 8 Omnitrans Palm @ Cypress NB FS $ 800.00 $ 800.00 $ 800.00 Application 8 Omnitrans Palm @ Cypress SB FS $ 20,000.00 $ 20,000.00 $ - Application 8 Omnitrans Del Rosa @ 3rd NB NS $ 800.00 $ 800.00 $ - Application 9 Omnitrans Del Rosa @ 3rd NB FS $ 800.00 $ 800.00 $ - Applcation 10 Omnitrans 5th @ Palm WB FS $ 800.00 $ 800.00 $ - Applcation 10 Omnitrans Boulder @ Pacific NB FS $ 800.00 $ 800.00 $ - Applcation 10 Omnitrans Boulder @ Pacific SB FS $ 800.00 $ 800.00 $ - Applcation 10 Omnitrans 9th @ Del Rosa EB FS $ 800.00 $ 800.00 $ - Applcation 10 Omnitrans 9th @ Del Rosa WB FS $ 800.00 $ 800.00 $ - Applcation 10 Omnitrans Palm @ Norwood SB FS $ 800.00 $ 800.00 $ - Loma Linda
Loma Linda 11 Bus Stops in the City of Loma Linda $ 62,652.00 $ 50,122.00 $ 12,530.00 $ 50,122.00 Loma Linda Anderson @ Academy NB FS
Loma Linda Prospect @ Richie WB NS
Loma Linda Prospect @ Belleaire WB FS
Loma Linda Redlands @ Corporate WB FS
Loma Linda Redlands @Rhonda WBFS
Loma Linda Redlands @ Taft WB NS
Loma Linda Barton @ Frontage WB FS
Loma Linda Redlands @ Mt View EB FS
Loma Linda Redlands @ Anderson WB NS
Loma Linda Campus @ University SB FS
Loma Linda Redlands @ Richardson EB FS
Montclair
Application 6 Omnitrans Romona @ Howard NB $ 52,000.00 $ 52,000.00 $ - $ 52,000.00 Application 6 Omnitrans Romona @ Orchard SB $ 20,000.00 $ 20,000.00 $ - $ 20,000.00 Application 7 Omnitrans Romona @ Kingsley NB $ 20,000.00 $ 20,000.00 $ - $ 20,000.00 Application 7 Omnitrans Romona @ Howard SB $ 52,000.00 $ 52,000.00 $ - $ 52,000.00 Ontario
City of Ontario Ontario Article 3 Improvements Grant $ 32,835.00 $ 32,835.00 $ - $ 32,835.00 Riverside Ave @ Mill Creek WB NS
Inland Empire Blvd @ Ferrari Lane EB FS
Vineyard Avenue @ Walnut Street SB NS

27 2023 TDA Transit Stop Access Improvement Projects
City Agency Project Title
Total Project
Cost
TDA Art 3
Request Matching Funds
TDA Art 3 Award
Amount
Ontario Cont.

Application 2 Omnitrans Riverside @ Archibald EB NS - Bench $ 800.00 $ 800.00 $ 800.00 Application 2 Omnitrans Holt @ Cucamonga EB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 2 Omnitrans Inland Empire Blvd @ Ferrari Lane EB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 3 Omnitrans Euclid @ Riverside Avenue $ 800.00 $ 800.00 $ 800.00 Application 3 Omnitrans Vineyard Avenue @ Walnut Street SB NS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 1 Omnitrans Holt @ Palm EB FS $ 800.00 $ 800.00 $ 800.00 Application 1 Omnitrans Euclid @ 4th SB NS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 1 Omnitrans Riverside @ Mill Creek WB NS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 5 Omnitrans Inland Empire @ Center WB FS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans Inland Empire @ Porsche EB FS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans Vineyard @ Merior SB NS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans Milliken @ Jurupa NB FS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans 6th @ Baker EB NS $ 800.00 $ 800.00 $ 800.00 Application 5 Omnitrans 6th @ Baker WB FS $ 800.00 $ 800.00 $ 800.00 Application 6 Omnitrans Inland Empire @ Lotus EB FS $ 800.00 $ 800.00 $ 800.00 Application 6 Omnitrans Francis @ Baker EB FS $ 800.00 $ 800.00 $ 800.00 Application 7 Omnitrans Mountain @ Philadelphia SB FS $ 800.00 $ 800.00 $ 800.00 Application 7 Omnitrans Francis @ Haven WB FS $ 800.00 $ 800.00 $ 800.00 Application 7 Omnitrans Milliken @ Airport SB FS $ 800.00 $ 800.00 $ 800.00 Application 8 Omnitrans Francis @ Baker WB FS $ 800.00 $ 800.00 $ 800.00 Application 8 Omnitrans Inland Empire @ Mercedes EB FS $ 800.00 $ 800.00 $ 776.00 Application 8 Omnitrans Francis @ Grove EB NS $ 800.00 $ 800.00 $ - Redlands
Application 2 Omnitrans Orange @ Lugonia SB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 2 Omnitrans Redlands Depot EB NS $ 800.00 $ 800.00 $ 800.00 Application 3 Omnitrans Orange @ Brockton SB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 1 Omnitrans Orange @ Colton SB NS $ 800.00 $ 800.00 $ 800.00 Application 1 Omnitrans Mentone @ Wabash WB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 1 Omnitrans Eureka @ Redlands NS FS - Withdrew $ 800.00 $ 800.00 $ - Application 4 Omnitrans San Bernardino @ Texas $ 800.00 $ 800.00 $ 800.00 Application 4 Omnitrans Brookside @ San Matero EB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 4 Omnitrans State @ Tennessee WB NS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 4 Omnitrans State @ Center SB FS $ 800.00 $ 800.00 $ 800.00 Application 7 Omnitrans Brookside @ Eureka WB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 8 Omnitrans State @ Tennessee EB NS $ 16,000.00 $ 16,000.00 $ - $ - Application 10 Omnitrans Lugonia @ Lincoln WB FS $ 800.00 $ 800.00 $ - $ -

28 2023 TDA Transit Stop Access Improvement Projects
City Agency Project Title
Total Project
Cost
TDA Art 3
Request Matching Funds
TDA Art 3 Award
Amount
Rialto
Application 2 Omnitrans San Bernardino @ Riverside EB NS $ 16,000.00 $ 16,000.00 $ - $ 16,000.00 Application 2 Omnitrans Foothill @ Eucalyptus WB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 2 Omnitrans Easton @ Riverside Avenue WB FS $ 800.00 $ 800.00 $ 800.00 Applcation 3 Omnitrans Live Oak @ Terrace Vista NB FS $ 800.00 $ 800.00 $ 800.00 Applcation 3 Omnitrans Renessauce @ Market Place WB NS $ 800.00 $ 800.00 $ 800.00 Applcation 3 Omnitrans Baseline @ Alder WB FS $ 800.00 $ 800.00 $ 800.00 Application 1 Omnitrans Baseline @ Cedar WB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 4 Omnitrans Baseline @ Maple EB FS $ 800.00 $ 800.00 $ 800.00 Application 4 Omnitrans Baseline @ Maple WB FS $ 20,000.00 $ 20,000.00 $ 20,000.00 Application 5 Omnitrans Renessauce @ Linden EB FS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 5 Omnitrans Riverside @ Senior Way SB NS $ 16,000.00 $ 16,000.00 $ 16,000.00 Application 6 Omnitrans Cactus @ Riverside NB NS $ 800.00 $ 800.00 $ 800.00 Application 7 Omnitrans Merrill @ Lilac WB FS $ 16,000.00 $ 16,000.00 $ - $ 16,000.00 San Bernardino
San Bernardino Bus Stop Sidewalk Improvements $ 120,000.00 $ 96,000.00 $ 24,000.00 $ 96,000.00 Victorville
VVTA Sunhill Drive and Chalon $ 95,100.00 $ 76,080.00 $ 19,020.00 $ 76,080.00 VVTA Nevada Avenue & McCoy Circle Drive $ 12,952.00 $ 10,362.00 $ 2,590.00 $ 10,362.00 Yucaipa
Application 1 Omnitrans Yucaipa Blvd @ 13th EB FS $ 16,000.00 $ 16,000.00 $ - $ 16,000.00 Application 4 Omnitrans Yucaipa Blvd @ 6th EB FS $ 16,000.00 $ 16,000.00 $ - $ 16,000.00 Applcation 9 Omnitrans Yucaipa Blvd @ Oak Glen WB FS $ 16,000.00 $ 16,000.00 $ - Applcation 9 Omnitrans California @ Eureka SB FS $ 16,000.00 $ 16,000.00 $ - Applcation 9 Omnitrans Yucaipa @13th WB FS $ 16,000.00 $ 16,000.00 $ - Applcation 9 Omnitrans First @ B Ave SB NS $ 16,000.00 $ 16,000.00 $ - Application 10 Omnitrans Yucaipa @10th EB FS $ 16,000.00 $ 16,000.00 $ - Application 10 Omnitrans Yucaipa @ 10th WB FS $ 16,000.00 $ 16,000.00 $ - County of SB
County DPW Bus Stop Improvements on Pacific Street $ 130,000.00 $ 90,000.00 $ 40,000.00 $ 90,000.00 Total Request Available TOTAL AWARD
$ 1,607,224.00 $ 1,440,000.00 $ 1,440,000.00

29 1
RESOLUTION NO. 24-36

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, STATE OF CALIFORNIA, AUTHORIZING

SUBMITTAL OF A CLAIM TO THE SAN BERNARDINO

COUNTY TRANSPORTATION AUTHORITY FOR
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3

FUNDS FOR TRANSIT IMPROVEMENTS AT JONATHAN

STREET PROJECT
WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and
WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and
WHEREAS, the abovementioned discovery of the need to realign the water line has and is holding up three separate development projects that need to tie into this water line and these three development projects are now paused because of this delay; and WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and
WHEREAS, the San Bernardino County Transportation Authority (SBCTA) awarded City of Adelanto TDA Article 3 grant funds in the amount of $144,000 for development of Transit Improvements at Jonathan Street Project within the City of Adelanto jurisdiction through a competitive “Call for Projects”; and WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and
WHEREAS, SBCTA requires City of Adelanto to submit a claim and request (s) for reimbursement; and
WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the City Manager; and
WHEREAS, SBCTA requires the designation of individuals authorized to certify 30 2
Project completion Project ; and
WHEREAS, City Manager, or the designee, is authorized to certify project completion.

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

The City Manager of the City of Adelanto authorizes submittal of a claim and request for reimbursement (s) for TDA Article 3 funds for the Transit Improvements at Jonathan Street Project in the amount of $144,000 and that the City Manager is authorized to certify project completion.

PASSED, APPROVED AND ADOPTED this 10th day of April, 2024.

THE CITY OF ADELANTO
_____________________________
Gabriel Reyes, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ________________________________ Todd O. Litfin, City Attorney Brenda Lopez, City Clerk
31 Date:

Please see below instructions and checkmark the items included in your submittal.

1. 2.

3. 4.

5. 6.

7. 8.

Backup Summary itemizing reimbursement request expenses.

Claimant:

Authorizing Resolution (one-time submission) – required within SIX months of the project award by SBCTA Board or prior to requesting reimbursement of funds, whichever comes first.

Resolution should authorize the filing of the claim form, authorize the submission of reimbursement requests and designate the individuals authorized to certify project completion (Authorized Agent). Sample language is available upon request.

Claim Form (one-time submission) – required prior to, or along with, your first reimbursement request.

Reimbursement Request Form (as needed) – this form is required every time a reimbursement is requested. Please note, progress payments are only eligible on awards over $200,000, the requested amount must be a minimum of 20% of the award total, and the local match share percentage must be met regardless of reimbursement amount requested.

Backup Documentation (required with Reimbursement Request Form) – invoices, paychecks, purchase orders, etc. to support both the reimbursement and match amounts noted on the Reimbursement Request Form. Please note, staff administration and/or contract project management expenses are NOT eligible match expenses. However, staff expenses may qualify for local match under select circumstances. Please identify whether supporting documentation includes staff expenses under one of the following allowable conditions:

Photos of Completed Project (completed projects only) – required when project is complete and should be attached to final reimbursement request.

Other (optional) – Claimants may attach additional information not included in this list to support the claim or reimbursement request. SBCTA may request additional information as necessary.

Award is for an ATP Safe Routes to School (SRTS) program project, not a SRTS infrastructure project.

City of Adelanto
Necessary staff time directly related to in-house completion of design, right-of-way acquisition, or construction including inspection and/or construction management.

Note: No travel costs or per diems allowed for staff time Certification of Completion (completed projects only) – prior to filing the final request for reimbursement, written verification of project completion by the agency’s Authorized Agent is required (see Authorizing resolution above). Sample language is available upon request. 32 San Bernardino County Transportation Authority
Claim Form
Article 3 Grant Program
Project Name: Transit Improvements at Jonathan Street Grant Allocation No: L24-0702-0730-00 Claimant: City of Adelanto
Address:

Attention:

Phone No:

E-mail Address:
$ 144,000.00
Purpose: Please check one purpose.

Authorizing Signature:
(Authorized Agent specified in Authorizing Resolution)
Date:

Signature
Jessie Flores, City Manager
Type Name & Title
11600 air Expressway
Adelanto, Ca 92301
Approval of this claim and payment by the County Auditor to this claimant are subject to monies being available and to the provision that such monies will be used only in accordance with the approved allocation instruction.

Transit Stop Access Improvements, PUC 99233.3
Saba Engineer
760-246-2300 Ext. 11184
[email protected]
Condition of Approval:

Article 3 Bicycle/Pedestrian Facilities, Public Utilities Code (PUC) 99233.3 Award Amount
C-Transit Claim Form_
Claim Form Page 1
33 San Bernardino County Transportation Authority ATTACHMENT 1 Reimbursement Request
Article 3 Grant Program
Allocation #:

Total Project
Cost
Percent
Article 3 Local Match
$172,000.00 83.72% $28,000.00
Section I: Required for all Reimbursement Requests (1-5) Section II: Required for Progressive Reimbursements ONLY (1-3) A: Project Completion (turns red if % completed is significantly less than invoice) $0.00 $28,800.00 1) Overall % Completed
$0.00 2) Mileage Completed (if applicable) Share Completed: 0.00% $0.00
Enter total only
*Shares will be automatically calculated based on non-rounded formula.

0.0%

0.0%

0.0%
$0.00 0.0%
$144,000.00 100.0%
$28,000.00 100.0%
$0.00 0.0%
$172,000.00 100.0%
5) Check to verify expenses claimed are consistent with the approved scope.

Total Project Miles (if applicable) 0.1
By signing below, I certify that the information on this Financial Reporting form is true and accurate to the best of my knowledge.

Signed: Date:
(Authorized Agent specified in Authorizing Resolution)
Minimum
progressive
reimbursement
amount 20%
ATP Funds (if applicable)
Local Match
Total
TDA Article 3
Sidewalk along east side of Jonathan St. between Aztec Ln. and Bartlett Ave.

A: Current Request for Reimbursement
C: Balance Remaining
ATP Funds Utilized
4) ATP (if applicable)
2) TDA Article 3
3) Local Match
Total
1) Total Spent*
Article 3 Award
Amount
$144,000.00
L24-0702-0730-00
ATP Funds
(if applicable)
$0.00
Grant Information (completed by SBCTA)
Project Name
Claimant: City of Adelanto
Transit Improvements at Jonathan Street
B: Summary of Project Status
3) If either number turned red above, please provide a project schedule that demonstrates how the project will be completed on schedule within the budget. Provide attachments as needed.

TDA Article 3 Reimbursement Amount Requested
Local Match
B: Project Costs to Date (include amount requested above) C-Transit Claim Form_
Reimbursement Request Page 1
34 San Bernardino County Transportation Authority ATTACHMENT 1 Reimbursement Request
Article 3 Grant Program
C-Transit Claim Form_
Reimbursement Request Page 1
35 Project Title:

Date Recipient's Name
Transit Improvements at Jonathan Street
Total
36 Brief Description of Purchase Amount
(include proof of payment)
0 nts at Jonathan Street
37 Allocation Number Claimant
- select - -
L24-0702-0730-00 City of Adelanto
L24-0702-0737-00 City of Fontana
L24-0702-0741-00 City of Loma Linda
L24-0702-0744-00 City of Ontario
L24-0702-0748-00 City of San Bernardino
L24-0702-0751-00 VVTA
L24-0702-0751-01 VVTA
L24-0702-0751-02 VVTA
L24-0702-0754-00 County of San Bernardino
L24-0702-0755-00 Omnitrans
L24-0702-0755-01 Omnitrans
L24-0702-0755-02 Omnitrans
L24-0702-0755-03 Omnitrans
L24-0702-0755-04 Omnitrans
L24-0702-0755-05 Omnitrans
L24-0702-0755-06 Omnitrans
38 Project Name Total Project Cost
- 0
Transit Improvements at Jonathan Street 172,000
10 Bus Pads in the City of Fontana 84,319
11 Bus Stops in the City of Loma Linda 62,652
Ontario Improvements: Three Improvement Grants 32,835
Bus Stop Sidewalk Improvements 120,000
Apple Valley Bus Stop Improvements 160,003
Victorville - Sunhill Drive & Chalon Road 95,100
Victorville - Nevada Avenue & McCoy Circle Drive 12,952 Bus Stop Improvements on Pacific Street 130,000
Benches/Shelters for the City of Colton 117,600
Benches/Shelters for the City of Highland 112,000
Benches/Shelters for the City of Montclair 144,000
Benches/Shelters for the City of Ontario 108,776
Benches/Shelters for the City of Redlands 111,200
Benches/Shelters for the City of Rialto 128,800
Benches/Shelters for the City of Yucaipa 32,000
39 Art 3 Award Amount ATP Funds
0 0
144,000 0
59,023 0
50,122 0
32,835 0
96,000 0
128,002 0
76,080 0
10,362 0
90,000 0
117,600 0
112,000 0
144,000 0
108,776 0
112,000 0
128,800 0
32,000 0
40 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 DATE: April 10, 2024
TO: Honorable Mayor and City Council Members
FROM:

Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk
SUBJECT: RESULTS OF CANVASS OF ELECTION RETURNS OF THE CITY OF ADELANTO MUNICIPAL ELECTION HELD March 5, 2024 AND ADOPT RESOLUTION NO. 24-37

RECITING THE FACT OF THE ELECTION AND SUCH OTHER MATTERS PROVIDED BY LAW
STAFF RECOMMENDATION:

Adopt Resolution No. 24-37 reciting the fact of the election and such other matters provided by law.

BACKGROUND:

With the consolidation of the City of Adelanto, Municipal Election, the City of Adelanto Council authorized the San Bernardino County, Registrar of Voters, to canvass the returns of the election as adopted in Resolution No. 23-81 adopted on October 25, 2023.

The County Registrar of Voters has certified the results to this City Council on March 29, 2024. The results are received and are attached and made a part hereof as Exhibit “A” to subject Resolution No. 24-37
FISCAL IMPACT:

None
ATTACHMENT:

1. Resolution No. 24-37

2. Canvass Results
41 RESOLUTION NO. 24-37

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ADELANTO, COUNTY OF SAN BERNARDINO,

CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL

ELECTION HELD THE PRESIDENTIAL PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024, DECLARING THE RESULT AND SUCH MATTERS AS PROVIDED BY LAW WHEREAS, a Presidential Primary Election was held and conducted in the City of Adelanto, California, on Tuesday, March 5, 2024, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established, that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter law cities; and
WHEREAS, pursuant to Resolution No. 23-81 adopted October 5, 2024, the County Elections Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit A.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the whole number of votes cast in the precincts except voter by mail ballots was 275. That the whole number of VOTE BY MAIL ballots and Provisional votes cast in the City was 2,084, making a total of 2,359 votes cast in the City.

SECTION 2. That the measure voted upon at the election is 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?
SECTION 3. That the number of votes given at each precinct for and against U are listed in Exhibit A attached.

SECTION 4. That as a result of the election, a two-thirds (2/3) majority is required of the voters on Measure U to approve Adelanto Vacant Property Tax within the City of Adelanto.

The Measure was rejected, and shall not be deemed adopted and ratified. 42 RESOLUTION NO. 24-37

PAGE TWO
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election, showing (1) The whole number of votes cast in the City; (2) The total number of votes given, for and against the measure.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Adelanto this 10th day of April, 2024
____________________________________
Gabriel Reyes, Mayor of the City of Adelanto

Brenda Lopez, City Clerk
43 RESOLUTION NO. 24-37

PAGE THREE
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-37 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on the day of April 10, 2024, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto, on the 10th day of April 10, 2024.
_______________________________
Brenda Lopez, City Clerk of the City of
Adelanto and of the City Council thereof
44 45
46 CITY COUNCIL AGENDA REPORT
DATE: April 10, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: City Attorney’s Office
SUBJECT: DECLARATION OF SURPLUS PROPERTY UNDER THE SURPLUS PROPERTY

ACT - THE PROPERTY IN FRONT OF CITY HALL ALONG AIR EXPRESSWAY AND HIGHWAY 395 AT 11600 AIR EXPRESSWAY, ADELANTO CA 92301 – CITY HALL (APN 0459-221-20 AND APN 0459-221-04)
STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution and declare the property identified as 11600 Air Expressway, Adelanto CA 92301 (APN 0459-221-20 and APN 0459-221-04) as Surplus Land that is no longer necessary for the City’s use and direct the City Manager to follow the procedures set forth in the Surplus Land Act.

BACKGROUND:

The City Adelanto (“City”) owns and controls real property at 11600 Air Expressway, Adelanto CA 92301 (APN 0459-221-20 and APN 0459-221-04) (the “Property”). The Property totals approximately

7.67 acres, and is improved with parking lots and fields. APN 0459-221-20 is 3.36 acres and APN 0459- 221-04 is 4.31 acres. The Property is currently zoned Mixed Use (MU). See Exhibit 2 for an overhead photo and map of the property.

The California Surplus Land Act requires all local agencies to prioritize affordable housing, parks, and open space when disposing of Surplus Land. To proceed with an eventual disposition of the Property, the City Council must comply with the Surplus Land Act.

The Surplus Land Act requires that before a local agency takes any action to dispose of land, the land must first be declared either “Surplus Land” or “exempt Surplus Land”, and such declarations must be supported by written findings. (Gov. Code § 54221 (b)(1).) “Surplus Land” is defined as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is Surplus and is not necessary for the agency’s use.” (Gov. Code § 54221 (b)(1).)
In short, the City Council must first take formal action declaring that the Property is Surplus property.

Adoption of the attached Resolution would satisfy that requirement. 47 If and when the City Council adopts the attached Resolution, the procedures set forth in Government Code section 54220 et seq., must be followed to dispose of the property. More specifically, the procedures require that the City offer the sale or lease of the property to certain public entities for a period of sixty (60) days by transmitting a written notice of availability to those entities including:

1. A written notice of availability to any “local public entity” (Health & Safety Code § 50079) within whose jurisdiction the Surplus Land is located and to “housing Sponsors” that have notified the California Department of Housing and Community Development (“HCD”) of their interest in Surplus Land.

2. A written notice of availability of the Surplus Land to local park districts.

3. A written notice of availability to any other public entities with jurisdiction over the Surplus Land.

If the City receives correspondence expressing interest from any of the above entities, the City Council is required to enter into good faith negotiations concerning the price and terms of the disposition with that entity for a period of ninety (90) days. If the price and terms cannot be agreed upon after ninety (90) days or if no entity gives notice of interest, then the City may dispose of the Surplus Land without further regard to the Surplus Land procedures.

CONCLUSION:

The City Council should adopt the attached Resolution to comply with the Surplus Lands Act and declare the Property as Surplus property.

FISCAL IMPACT:

No fiscal impact at this time.

ATTACHMENTS:

Exhibit 1 – Resolution No. 24-31
Exhibit 2 – Map Showing Location of Parcel
48 Exhibit 1
Resolution
49 Exhibit 2
Map Showing Location of Property
APNS 0459-221-20 and 0459-221-04
50 Resolution 24-31
RESOLUTION NO. 24-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO DECLARING THAT THE PROPERTY IDENTIFIED AS
11600 AIR EXPRESSWAY, ADELANTO, CA 92301 (APN 0459-221-20 AND APN 0459-221-04) IS SURPLUS LAND AND IS NO LONGER
NECESSARY FOR THE CITY’S USE AND DIRECTING THE CITY

MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE

SURPLUS LAND ACT FOR THE SALE OF SURPLUS LAND
WHEREAS, the City of Adelanto (“City”) owns and controls certain real property legally identified as 11600 Air Expressway, Adelanto CA 92301 (APN 0459-221-20 and APN 0459-221-04) (“Property”); and
WHEREAS, the Property is zoned Mixed Use and totals approximately 7.67 acres; and WHEREAS, the Property is improved with a parking lots and fields; and WHEREAS, the Property is not intended for a governmental use; and WHEREAS, the Surplus Lands Act at Government Code §§ 54220 et seq. governs the disposition of properties by cities; and
WHEREAS, the Property meets the definition of “surplus land”, is no longer necessary for the City’s use, and does not meet any of the applicable exemptions from the Surplus Land Act; and
WHEREAS, the Property is not located with a coastal zone, adjacent to a historical unit of the State Parks System, listed on, or determined by the state Office of Historic Preservation to be eligible for, the National Register of Historic Places, or within the Lake Tahoe region as defined in Government Code § 66905.5
WHEREAS, City staff and consultants will prepare an appraisal of the property to establish its market value; and
WHEREAS, the City’s portion of the proceeds from the disposition of the Property and property tax generated may provide funding to enhance City services, and the future development of the Property would attract tax revenue generated by sales activities.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND,
DETERMINE, AND RESOLVE as follows;
Section 1. The above recitals are true and correct and are incorporated herein by reference.
51 RESOLUTION NO. 24-31
April 10, 2024

Section 2. The City Council hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land as defined in California Government Code section 54221 based on the true and correct written findings found in this Resolution.

Section 3. The City Council hereby authorizes the written notice of availability of the Property for disposition and disposal to negotiate the terms of a proposed disposition of the Property to any beneficially interested person or entity in accordance with the procedures of the Surplus Land Act.

Section 4. Any proposed agreement for the disposition of the Property shall be subject to the approval of the City Council.

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 7. The disposition of Property as surplus is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312. However, if development is proposed on the Property by a buyer at a future date, then that subsequent development may be subject to environmental review under CEQA.

Section 8. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto on this 10th day of April 2024.
___________________________________
Gabriel Reyes
Mayor
___________________________________
Brenda Lopez
City Clerk
52 RESOLUTION NO. 24-31
April 10, 2024

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-31 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 10th day of April 2024 be the following to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 10th day of April 2024.
___________________________________
Brenda Lopez
City Clerk
53 ADELANTO PUBLIC UTILITY AUTHORITY
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: April 10, 2024
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Kavouse Emami, City Engineer
SUBJECT: RANCHO ROAD AND VIOLET ROAD EMERGENCY VALVE REPLACEMENT STAFF RECOMMENDATION:

Staff recommends the City Council approves the construction contract agreement with High Desert Underground Inc. in the amount of $126,695.00 to provide emergency valve repair work at the intersection of Violet Road and Adelanto Road including Rancho Road and Adelanto Road BACKGROUND:

The valve clusters located at the intersection of Violet Road and Adelanto Road including Rancho Road and Adelanto Road date back to the early 80’s. The valves are in, inoperable position and are partially closed, causing an extreme low fire flow pressure on Violet Road, Rancho Road and the surrounding areas leaving development at risk due to not meeting proper fire flow conditions. The detail of the valves conditions is unknown until they are exposed and removed. As of now, they do not function completely, or at all thus, creating a need to have them replaced to meet San Bernardino County Fire requirements.

S. No. Company Amount

1. High Desert Underground Inc. $126,695.00
FISCAL IMPACT:

The emergency repair work will be paid for using the APUA Fund and will not affect the General Fund of the City of Adelanto.

ATTACHMENTS:

A. Proposal
B. Location Map
C. Contract Service Agreement
54 PRICE
$ 7,760.00
$ -
$ 27,220.00
$ -
$ 29,170.00
$ -
$ 36,320.00
$ -
$ 18,465.00
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
TOTAL
$ -
1 Paving repairs $ 18,465.00
$ -
$ -
$ -
1 Cut in 12" TEE w/ 3 valves and 10' stubs of pipe each direction $ 29,170.00 $ -
1 Cut in 12" Cross w/ 4 valves and 10' stubs of pipe each direction $ 36,320.00 $ -
$ -
$ -
$ -
$ -

THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL
**Exclusions Include but are not limited to: Permits, Fees, Surveying/Staking, Inspection Fees, Construction Water, Bonds
NOTICE: This project was bid using industry standard tools and equipment. Should underground conditions require special equipment, we will notify the owner and reconsider the proposal. $ -
$ 126,695.00
$ -
TCP. Pipe size is assumed 12" for budget purposes only, if pipe size is $ - different pricing will reduced or increased accordingly. $ -

EXCLUSIONS INCLUDE
(BUT ARE NOT LIMITED TO):

SUBMITTED TO:

COMPANY:

DATE:

QTY DESCRIPTION
PROJECT DESCRIPTION: Adelanto rd. Valve replacements
3/29/2024
2 TOTAL
Days potholing $ 15,520.00
PROJECT NO.:

PROPOSAL
1 12" Line Stop $ 27,220.00
$ -
*Includes labor/material/equipment, traffic control, saw cutting/demo, $ - disposal, permanent patching, compaction testing, mob/demob and $ - HIGH DESERT UNDERGROUND INC.

GENERAL ENGINEERING | PIPELINE CONSTRUCTION
13355 OSAGE COURT, APPLE VALLEY, CA 92308
OFFICE (760) 247-8999 | FAX (760) 247-2777
www.hdupipeline.com
55 56
2512/026150-0001
19521427.1 a04/05/24

CITY OF ADELANTO

PROFESSIONAL SERVICES AGREEMENT
«Contract_Title»
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, «Year» (“Effective Date”) by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and «Consultant», a «Entity_Type» (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on «Term_of_Contract_Beginning» and shall end on «Term_of_Contract_Ending» unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
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1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

City of Adelanto
Attn: Accounts Payable
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11600 Air Expressway
Adelanto, CA 92301

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

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

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. 59 2512/026150-0001
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SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
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4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
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(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:
«Contract_Title». The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded 62 2512/026150-0001
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to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
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SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. 64 2512/026150-0001
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The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or nonpayment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. 65 2512/026150-0001
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b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. 66 2512/026150-0001
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d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the 67 2512/026150-0001
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extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement. 68 2512/026150-0001
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8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Consultant understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in San Bernardino County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing 70 2512/026150-0001
19521427.1 a04/05/24 -15-
and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by «Consultant_Contact» (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, «Staff_Contact», «Staff_Title» (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:
«Consultant»
Attn: «Consultant_Contact»
«Address»
«City», «State» «Zip_Code»
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: «Staff_Contact», «Staff_Title»
with a copy to:

City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301

10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
71 2512/026150-0001
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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of 72 2512/026150-0001
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Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF ADELANTO
«City_Signature»
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONSULTANT
«Consultant_Signature_1»

«Consultant_Signature_2»

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
74 2512/026150-0001
19521427.1 a04/05/24
EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include «Contract_Title» services in the amount not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») as further detailed in the following page(s).
[ATTACH SCOPE OF WORK AND OTHER DETAILS SPECIFIC TO THE PROJECT] 75 2512
/026150-0001
19521427.1 a04/05/24 EXHIBIT A
.
76 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: April 10, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Contracted Engineer
SUBJECT: CITY OF ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, ANNEXATION OF ADELANTO VILLA-TRACT 20507 (2023-031)
STAFF RECOMMENDATION:

Staff recommends that the City Council take the next and final steps to complete the annexation process for Tract 20507.

It is requested that the City Council open the Public Hearing regarding the annexation of Tract 20507 to the District and the proposed assessments in order to accept public testimony and any written protests regarding these proceedings. Upon conclusion of the public testimony, the Mayor will close the Public Hearing and direct the City Clerk or their designee to open and tabulate the ballots received, which may take a few minutes. Upon completion of the tabulation, the City Clerk will present to the City Council the results of that tabulation which will be in the form of total dollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the assessments (“No” votes); and as a matter of procedure, the City Council would then adopt the first of two resolutions which formally declares the results of protest ballot proceedings. Based on the weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a majority protest of the proposed assessments, and the City Council will abandon any further proceedings at this time to annex this Annexation Territory to the District or to levy the annual assessments. If majority protest does not exist, it is requested that the City Council adopt the second resolution which formally annexes Tract 20507 to the District, confirms the Assessment Diagram and assessments outlined in the Engineer’s Report, and orders the levy and collection of the assessments for the Annexation Territory to be collected on the County tax rolls for Fiscal Year 2024/2025 as identified in the Engineer’s Report.

1.) CONDUCT THE PUBLIC HEARING REGARDING THE ANNEXATION OF TRACT 20507 TO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1.

2.) AFTER RECEIVING ALL TESTIMONY, CLOSE THE PUBLIC HEARING AND DIRECT CITY CLERK OR THEIR DESIGNEE TO TABULATE THE BALLOTS RETURNED.
77 3.) UPON COMPLETION OF THE BALLOT TABULATION ADOPT THE FOLLOWING RESOLUTION.

RESOLUTION NO. 24-32 DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST

BALLOT PROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF ADELANTO VILLA-TRACT 20507 TO THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, FISCAL YEAR 2023/2024 AND APPROVING CERTAIN RELATED ACTIONS.

4.) IF MAJORITY PROTEST DOES NOT EXIST, ADOPT THE FOLLOWING RESOLUTION (Otherwise no further action is required).

RESOLUTION NO. 24-33 CONFIRMING THE ANNEXATION OF PARCELS WITHIN ADELANTO VILLA-TRACT 20507 TO THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, THE DIAGRAM AND ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024,

OVERRULING ALL PROTESTS CONCERNING THE ASSESSMENTS, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024/2025.

BACKGROUND:

As a condition of approval of Tract 20507, the developer is required to annex their development into the existing City of Adelanto Landscape Maintenance Assessment District No. 1. At the February 14, 2024 City Council Meeting, the City Council adopted along with other resolutions, a Resolution of Intention which set April 10, 2024 as the public hearing date for the proposed annexation of Tract 20507 (“Annexation Territory”) into the Landscape Maintenance Assessment District No. 1 (the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code and called for the protest ballot proceeding regarding the new assessments for the Annexation Territory, in compliance with the substantive and procedural requirements of the California State Constitution, Articles XIIID.

The City of Adelanto is proposing to annex the properties within the Annexation Territory to the District to ensure a dedicated revenue source to fund the expenses related to the special benefit to properties in the Annexation Territory and District for the ongoing maintenance, operation, and servicing of the local landscape improvements in connection with development of the properties within these residential subdivisions. The Annexation Territory is generally located north of Chamberlaine Way, east of Raccoon Avenue, and south of Vintage Road. At build out this Annexation Territory will include one hundred thirty-six (136) single-family residential properties and three (3) parks planned for Tract 20507.

FISCAL IMPACT:

The total annual maximum assessment amount balloted for Tract 20507, specific to the Landscape Maintenance Assessment District No. 1, for Fiscal Year 2023/2024 is $44,999.68.

ATTACHMENTS:

Staff Report
Resolution No. 24-32
Resolution No. 24-33
78 RESOLUTION NO. 24-XX

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

DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT

PROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF ADELANTO VILLA-TRACT 20507 TO THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, FISCAL YEAR 2023/2024 AND

APPROVING CERTAIN RELATED ACTIONS
WHEREAS, the City Council called and duly held a property owner protest proceeding for the annexation of Adelanto Villa-Tract 20507 located north of Chamberlaine Way, east of Raccoon Avenue, and south of Vintage Road (hereafter referred to as “Annexation Territory”) into the Adelanto Landscape Maintenance Assessment District No. 1 (hereafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Part 2, Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”), and the California Constitution Article XIIID (hereinafter referred to as the “Constitution”), for the purpose of presenting to the qualified property owners within the Annexation Territory the proposed annual levy of assessments for the improvements connected therewith. Said annual assessments, commencing in Fiscal Year 2024/2025, as presented to the affected property owners of record in this ballot proceeding including the maximum assessment rate and annual inflationary adjustment, would fund the costs and expenses related to the operation, maintenance and servicing of the landscape improvements and appurtenant facilities related thereto that provide special benefits to properties within the Annexation Territory, and,
WHEREAS, the landowner(s) of record within the Annexation Territory as of the close of the Public Hearing held on April 10, 2024, did cast their ballots, weighted by the proportional financial obligation of each ballot, the results of which are illustrated below:

Total Ballots Cast Yes Total No Total
$ ____________ $ ____________ $ ____________

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

Recitals: The above recitals are true and correct.

Proceedings: The protest proceedings for the Annexation Territory assessments were conducted pursuant to the provisions of the Constitution with ballots presented to the affected property owner(s) for receipt by the City Clerk prior to the conclusion of the Public Hearing on April 10, 2024, with each ballot weighted according to the proportional financial obligation of the affected property.
79 Resolution No. 24-XX
April 10, 2024

Canvass of Ballots: The tabulation and canvass of the property owner protest ballots was conducted by the City Clerk or their designee, with all valid protest ballots returned by the affected property owners being counted, the results of which as shown herein, have been presented to the City Council and are hereby confirmed.

Official Declaration of Results: The City Clerk is hereby directed to enter this Resolution into the minutes of the City Council, which shall constitute the official declaration of the result of such property owner protest proceeding.

Certification: This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution.

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 10
th day of April, 2024 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 10
th day of April, 2024.
______________________________
Brenda Lopez, City Clerk
80 RESOLUTION NO. 24-XX

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

CONFIRMING THE ANNEXATION OF PARCELS WITHIN ADELANTO VILLA-TRACT 20507 TO THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1, THE DIAGRAM AND ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024, OVERRULING ALL PROTESTS CONCERNING THE ASSESSMENTS, AND

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR
FISCAL YEAR 2024/2025
WHEREAS, the City Council has by previous Resolutions initiated proceedings and declared its intention for the annexation of territory identified as Adelanto Villa-Tract 20507 (hereafter referred to as “Annexation Territory”), into the Landscape Maintenance Assessment District No. 1 (hereinafter referred to as the “District”) and establishing the Annexation Territory as Adelanto Villa-Tract 20507 of the District, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”) to pay the costs and expenses for the ongoing maintenance, operation and servicing of the landscape improvements and appurtenant facilities related thereto, and
WHEREAS, the Assessment Engineer of Work has prepared a budget in connection with the Annexation Territory and the levy of annual assessments connected therewith and has determined that the estimated maximum annual special benefit expenses (amount balloted) to assist with maintaining the improvements in the District would be $44,999.68 for Fiscal Year 2023/2024. This cost being apportioned to the parcel(s) therein according to the method of apportionment established for the District results in a maximum assessment rate of $330.88 with an annual inflator applied in Fiscal Year 2024/2025 as identified in the Engineer’s Report, and WHEREAS, the improvements installed and constructed are maintained by the City as part of the District, and
WHEREAS, the Assessment Engineer of Work shall incorporate said Annexation Territory along with the levy of annual assessments and Assessment Diagram connected therewith into the annual Engineer’s Report prepared in connection with the District for Fiscal Year 2024/2025, and said report is incorporated herein by reference and shall be filed with the City Clerk pursuant to Section 22623 of the Act, and
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the Annexation Territory for the fiscal year commencing July 1, 2024, and ending June 30, 2025 (Fiscal Year 2024/2025), to pay the costs and expenses of the ongoing operation, maintenance, and servicing of improvements determined to be of special benefit to the properties and the development of properties within the Annexation Territory, and all appurtenant facilities related thereto, and
81 82
Resolution No. 24-XX
April 10, 2024

WHEREAS, the City Council has conducted a property owner protest ballot proceeding for the Annexation Territory assessments proposed to be levied commencing Fiscal Year 2024/2025 as described herein, and majority protest of the assessments did not exist pursuant to the provisions of the California Constitution Article XIIID (hereinafter referred to as the “Constitution”).

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

Recitals: The above recitals are true and correct.

Protest Determination: Following notice duly given, the City Council has held a full and fair Public Hearing regarding the Annexation Territory, the levy and collection of assessments, and by Resolution approved the proposed assessments prepared in connection therewith; and has considered all oral and written statements, protests and communications made or filed by interested persons. The City Council in accordance with the provisions of the Constitution has determined that majority protest does not exist for the annexation of properties identified as the Annexation Territory or the assessments so presented.

Findings: Based upon its review of the facts presented, the City Council hereby finds and determines that:
a) The land within the Annexation Territory will receive special benefit from the operation, maintenance and servicing of improvements to be provided by the City as part of the District.
b) The Annexation Territory includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the Annexation Territory has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services to be provided commencing with Fiscal Year 2024/2025.

Improvements: The City Council hereby orders the continuous maintenance of improvements in the District. Said improvements include but are not limited to the maintenance, operation and incidental expenses related to the landscaped areas within the public right-of-ways or easements associated with the parcels of land within the Annexation Territory that may include, but are not limited to: street trees; turf; ground cover and shrubs; irrigation and electrical systems; monuments; hardscape improvements; and all necessary appurtenances and services connected with the public right-of-way, public easements and facilities designated and to be maintained by the City in connection with the special benefit received by parcels of land within the Annexation Territory. The cost of providing such improvements generally include, but are not limited to all materials, equipment, utilities, labor, and incidental expenses including administrative expenses for the regular annual maintenance as authorized by the Act. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained for the Annexation Territory 83 Resolution No. 24-XX
April 10, 2024

are on file in the Office of Public Works of the City of Adelanto and by reference these plans, and specifications are made part of this Resolution and the Engineer’s Report prepared in connection with these proceedings.

Collection of Assessments: The County Auditor of San Bernardino County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy so described in the Engineer’s Report for the Annexation Territory known as Adelanto Villa-Tract 20507 of the District, and such levies shall be submitted to the County Auditor along with the other assessments for the District and collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

Deposit of Funds: The City Treasurer shall deposit all money representing assessments collected by the County for the Annexation Territory (Adelanto Villa-Tract 20507 of the District) to the credit of a fund for Adelanto Villa-Tract 20507 of the District, and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in the Engineer’s Report and generally outlined within the Improvements description provided in the Annexation Engineer’s Report.

Annexation Approval: The adoption of this Resolution constitutes the annexation of Adelanto Villa generally located north of Chamberlaine Way, east of Raccoon Avenue, and south of Vintage Road (the Annexation Territory) as Adelanto Villa-Tract 20507 of the District, the boundaries of which shall be contained in the Assessment Diagram for the District; the establishment of the maximum assessment rate and assessment range formula connected therewith; and the initial assessment rate established in Fiscal Year 2023/2024, based on the results of the protest ballots received from the property owners of record as part of the majority protest ballot proceeding conducted for said assessments. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council’s approval of the annexation of properties within the designated Annexation Territory; the adoption and confirmation of the Assessment Diagram; and the establishment of the maximum assessment rates, assessment range formula and the assessments.

The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council’s approval of the annexation of the parcels within Annexation Adelanto Villa-Tract 20507 to Landscape Maintenance Assessment District No. 1; the adoption and confirmation of the Annexation Territory Assessment Diagram; and the establishment of the maximum assessment rates, assessment range formula and the assessments contained in the Engineer’s Report.
84 Resolution No. 24-XX
April 10, 2024

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 10
th day of April, 2024 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 10
th day of April, 2024.
______________________________
Brenda Lopez, City Clerk
85 City of Adelanto
Landscape Maintenance
Assessment District No. 1
Engineer’s Report
Annexation of Territory and Establishment of
2023-031 (Adelanto Villa-Tract 20507)
Fiscal Year 2023/2024
Intent Meeting: February 14, 2024
Public Hearing: April 10, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500
F 951.587.3510
www.willdan.com
86 ENGINEER'S ANNEXATION REPORT AFFIDAVIT
City of Adelanto
Landscape Maintenance Assessment District No. 1
Annexation of Territory and Improvements; and
Establishment of Adelanto Villa - 2023-031
Fiscal Year 2023/2024
City of Adelanto,
San Bernardino County, State of California
As part of the Resolution of Intention packet presented for the consideration of the Adelanto City Council, this Report and the enclosed budgets, diagrams, and descriptions outline specific proposed changes to the Landscape Maintenance Assessment District No. 1 (LMAD No. 1) for Fiscal Year 2023/2024, including the annexation of territory to the District; the expansion of the improvements to be maintained within the District, and the proposed annual assessments for all parcels within the Annexation Territory commencing in Fiscal Year 2024/2025. Reference is hereby made to the San Bernardino County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of parcels within LMAD No.1, 2023-031 Annexation Territory known as Adelanto Villa-Tract No. 20507 that will be subject to the proposed annual assessment.

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

Dated this ____________ day of ______________, 2024.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Adelanto
By: ________________________________
Stacee Reynolds
Principal Consultant
By: ________________________________
Tyrone Peter
P. E. # C 81888
87 Table of Contents
INTRODUCTION ........................................................................................................................... 1 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1 ..................................................... 1 ANNEXATION TERRITORY ........................................................................................................ 2 PROCEEDINGS AND REPORT CONTENT .................................................................................. 3 PART I — PLANS AND SPECIFICATIONS ...................................................................................... 6 DESCRIPTION OF THE DISTRICT .............................................................................................. 6 ZONES AND IMPROVEMENTS EXISTING DISTRICT ................................................................... 7 ANNEXATION 2019-027 ............................................................................................................ 8 ZONES AND IMPROVEMENTS ANNEXATION TERRITORY FISCAL YEAR 2023/2024 .................... 8 PART II — METHOD OF APPORTIONMENT .................................................................................... 9 LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS ................................................................ 9 BENEFIT ANALYSIS ............................................................................................................... 10 ASSESSMENT METHODOLOGY .............................................................................................. 11 PART III — ESTIMATE OF COSTS................................................................................................ 13 PROPOSED BUDGETS AND ASSESSMENTS ........................................................................... 13 PART IV — BOUNDARY DIAGRAM .............................................................................................. 16 PART V — ASSESSMENT ROLL .................................................................................................. 18 88 Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
Annexation No. 2023-031
Fiscal Year 2023/2024

Introduction
The City of Adelanto (“City”), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) established the assessment district designated as:

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1
(hereinafter referred to as “LMAD” or “District”). Pursuant to the provisions of the 1972 Act and in compliance with the substantive and procedural requirements of Article XIIID of the California State Constitution (the “California Constitution”), the City Council of the City of Adelanto, proposes to annex territory established as 2023-031, expand the improvements to be provided and maintained within the LMAD, and to conduct a protest ballot proceeding for special benefit assessments to be levied and collected annually on the parcels within the Annexation Territory in order to fund in whole or in part the maintenance and operation of certain public improvements that may include, but is not limited to landscaping, parks and appurtenant facilities that provide special benefits to those properties.

As required pursuant to Chapter 1, Article 4 of the 1972 Act, this Report shall serve as the detailed Engineer’s Report (“Report”) for the annexation of territory to Landscape Maintenance Assessment District No. 1, for 2023-031 (hereafter referred to as the “Annexation Territory”) and the establishment of annual assessments to be levied and collected upon properties within the proposed Annexation Territory in connection with the special benefits each property receives from the maintenance and servicing of the improvements to be provided by the City through the District. The assessments described herein will provide an annual funding source to adequately support the ongoing maintenance, servicing, operation, and incidental expenses associated with the landscape improvements, and appurtenant facilities and amenities that benefit the identified properties within the Annexation Territory. The Annexation Territory as shown on the diagram contained in Part IV of this Report, encompass all lots and parcels of land within a defined area of the City that will receive special benefits from the ongoing servicing, maintenance, operation, and incidental expenses associated with the improvements to be funded by the assessments. Parcels within the Annexation Territory will be assessed for their proportionate special benefit of the shared landscape improvements and appurtenant facilities.

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

The requirement for the installation of landscaping, streets and appurtenant facilities is a condition of development provided for in the City's Subdivision Ordinance and is a requirement for issuance of a permit for construction of commercial, residential, and planned unit development. These improvements generally include but are not limited to street lights and related equipment and fixtures; various landscape materials such as trees, turf, shrubs, vines, and ground cover; irrigation and drainage systems; structural amenities such as monuments, block walls, retaining walls, or other fencing; hardscapes including mulch, trail and path surfaces, stamped concrete, and pavers; recreational amenities such as benches, picnic facilities, and play structures; signage; and related appurtenances.
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Annexation No. 2023-031
Fiscal Year 2023/2024

The installation of landscaping and appurtenant facilities is the responsibility of the sub-divider or other development/applicant, triggered by the approval of a tentative subdivision map or other development application. After installation, it is City policy that the servicing, operation, maintenance, repair, and replacement of landscaping and appurtenant facilities in turn become the financial responsibility of the properties that specially benefit from the facilities.

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

ANNEXATION TERRITORY
The Annexation Territory consists of all lots and parcels of land within the planned development identified as Adelanto Villa-Tract No. 20507. Adelanto Villa-Tract No. 20507 is proposed to be developed with a total of 136 residential units and will be identified as Annexation 2023-031. This annexation area will pay the special benefit costs associated with the ongoing annual maintenance of the improvements in the designated Zone.

This Report has been prepared pursuant to the provisions of the California Constitution and the 1972 Act and shall serve as the detailed Engineer’s Report regarding the annexation of the designated Annexation Territory (Adelanto Villa-Tract No. 20507) into the Adelanto Landscape Maintenance Assessment District No. 1 and the proposed assessments to be levied on the properties therein commencing in Fiscal Year 2024/2025 for the proportional special benefits the properties will receive from the ongoing maintenance and servicing of the improvements associated with and/or resulting from the development of properties within the Annexation Territory.

The City Council proposes to annex the Annexation Territory into the District as Annexation 2023-031, and to levy and collect annual special benefit assessments on the County tax rolls to provide ongoing funding for the direct expenditures, incidental expenses, and fund balances that are necessary to service and maintain the landscaping improvements associated with and resulting from the development of property within the Annexation Territory. The improvements described in this Report for the Annexation Territory are based on the initial improvement and development plans for assessor parcels on Book 459, page 331 and by reference those plans, and specifications are made part of this Report. The estimated budget provided herein is based on the City’s estimate of the Annexation Territory expenses for local improvements and services within the Annexation Territory. The resulting annual assessments are calculated utilizing the method of apportionment established under Part II — Method of Apportionment and are made pursuant to the 1972 Act and the substantive and procedural provisions of the California Constitution.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Bernardino County Assessor’s Office. The San Bernardino County Auditor/Controller uses APNs and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.
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Annexation No. 2023-031
Fiscal Year 2023/2024

PROCEEDINGS AND REPORT CONTENT
This Report specifically addresses the proposed annexation of territory, the establishment of Zones, the resulting Zone boundary, the various improvements within the Zone, and the proposed assessment to be levied in connection with the special benefit the properties will receive from the maintenance and servicing of the improvements based on the estimated operating and maintenance expenses. The proposed annual assessments to be levied on properties within the Annexation Territory will provide a source of funding for the continued operation, maintenance, and servicing of the landscaping and appurtenant facilities (collectively referred to as improvements) to be provided by the District for the special benefit of properties within the Zone.

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

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

As specified by the California Constitution, Article XIIID Section 4e:
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.” After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If majority protest exists for the proposed Annexation 2023-031, further proceedings to annex the parcels within the District and implementation of the Zone and assessments shall be abandoned at this time.

If tabulation of the ballots indicates that majority protest does not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council by resolution may adopt this Report (as submitted or amended); approve the assessment diagrams (Zone Boundary Diagram) contained herein; order the annexation of the parcels into the LMAD and the improvements to be made; and confirm the assessments as outlined in this Report.
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Annexation No. 2023-031
Fiscal Year 2023/2024

The assessments as approved, may be levied and collected on the County tax rolls commencing in Fiscal Year 2024/2025 together with the assessments for other properties in the District. For Fiscal Year 2024/2025 and each subsequent fiscal year, an engineer’s annual levy report for the District shall be prepared and presented to the City Council to address any proposed changes to the District, including 2023-031, as well as any proposed changes to the improvements, budgets, and assessments for that fiscal year. The City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the levy of annual assessments for the District.

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

Report Content
This Report has been prepared in connection with the annexation of individual parcels into the LMAD and the resulting assessment for the parcels within 2023-031 established herein in connection with the annexation of territory for Fiscal Year 2023/2024, pursuant to a resolution of the City Council and consisting of the following five (5) parts.

Part I — Plans and Specifications
Contains a general description of the District and zones of benefit (“Zones”), and specifically addresses the improvements and services that provide special benefit to the parcels within the Annexation Territory which include but is not limited to local landscaping and related amenities including operational expenses and fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements. In conjunction with these general descriptions of the improvements a visual depiction of the improvements is provided in the Zone Boundary Diagram contained in Part IV of this Report. The detailed plans and specifications for the improvements in the Annexation Territory are on file in the Public Works Department of the City of Adelanto and by reference are made part of this Report.

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

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

This section also identifies and outlines an Assessment Range Formula (inflationary adjust) that provides for an annual adjustment to the maximum assessment rate establishing limits on future assessments, but also provides for reasonable cost adjustments due to inflation. 92 Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
Annexation No. 2023-031
Fiscal Year 2023/2024

Part IV — Boundary Diagram
A diagram showing the existing District and Annexation Territory. The lines and dimensions of each lot, parcel, and subdivision of land contained in this diagram are inclusive of all parcels listed in “Part V — Assessment Roll” of this Report and the corresponding County Assessor’s Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments, or parcel changes therein. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the Annexation Territory.

Part V — Assessment Roll
A listing of the proposed assessment amounts for each parcel within the Annexation Territory. The “Balloted Maximum Assessment” amount for each parcel represents that parcel’s proposed maximum assessment amount within 2023-031 established in Fiscal Year 2023/2024 and is based on the parcel’s calculated proportional special benefit as outlined in “Part II — Method of Apportionment,” and calculated assessment rate established by the budget in “Part III — Estimate of Costs.” The assessment amount identified as the “FY 2023/2024 Estimated Assessment” represents the anticipated assessment amounts to be levied and collected on the County Tax Roll. The actual assessment amounts to be levied and collected for Fiscal Year 2024/2025 shall be finalized, approved, and adopted by the City Council together with the assessments for other properties in the District as part of the annual assessment process.

If any section, subsection, subdivision, sentence, clause, phrase, portion, or zone of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, or zone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or zones might subsequently be declared invalid or unconstitutional.
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Annexation No. 2023-031
Fiscal Year 2023/2024

Part I — Plans and Specifications

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

As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone incorporate various local and related amenities installed in connection with the development of those properties and are maintained and serviced for the benefit of real property within those Zones. The maintenance of the improvements may also include various appurtenances including, but not limited to block walls, retaining walls or other fencing, trail and path surfaces, stamped concrete, pavers, mulch or other hardscapes, irrigation and related electrical equipment and drainage systems, benches, play structures, picnic or other recreational facilities, monuments, signage, ornamental lighting, street lighting, and related equipment. The work to be performed within each respective Zone may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services.

Improvements provided within the District may include but are not limited to:
 Landscaping and related facilities and amenities located within designated street medians, parkway and streetscape side-panels, and entryways within the public right of way or easements adjacent to public right of way; and within public places including greenbelt areas, open spaces, and neighborhood parks within each respective Zone. These improvements may include, but are not limited to:
• Various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or perineal plantings;
• Irrigation and drainage systems;
• Structural amenities such as monuments, block walls, retaining walls, or other fencing; and • Hardscape including mulch, trail and path surfaces, stamped concrete and pavers.

The maintenance of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement, installation, replacement and rehabilitation of the landscaping, repair or replacement of irrigation or drainage systems; and repair or replacement of hardscape improvements and recreational amenities. The City Public Works Department shall authorize and schedule such maintenance and servicing as needed and based on available Zone funding. 94 Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
Annexation No. 2023-031
Fiscal Year 2023/2024

ZONES AND IMPROVEMENTS EXISTING DISTRICT
In accordance with the 1972 Act, the District utilizes Zones to address variations in the nature, location, and extent of the improvements that provide special benefit to parcels in the District. Each Zone is associated with specific improvements and/or types of improvements that provide special benefit to properties within that Zone. The boundaries of each Zone are based on the improvements to be maintained and the relationship and proximity of the developments and properties that derive special benefit from those specific improvements.

As of Fiscal Year 2023/2024 the District was comprised of the following Zones and developments.

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

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

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

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

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

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

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

Annexation 2006-009
Tract 16848 — located on the west side of Jonathan Street, north of Victor Street, south of Mojave Drive.

Improvements consist of approximately 10,300 square feet of streetscape and 1,706 lineal feet of perimeter masonry wall improvements.

Annexation 2007-022
Tracts 13896, 13896-1, -2, and -3 — located north of Bartlett Avenue, east of Aster Road. Improvements consist of approximately 10,966 square feet adjacent to the east side of Aster Road and 5,097 square feet adjacent to the north side of Bartlett Avenue of streetscape; approximately 9,247 lineal feet adjacent to the east side of Aster Road and 637 lineal feet adjacent to the north side of Bartlett Avenue of perimeter masonry wall improvements.
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Fiscal Year 2023/2024

Annexation 2019-027
Stone Briar II-Tract 20129 — generally located south of Holly Road, east of Fremontia Avenue north of Poppy Road and west of Jonathan Street. The development will have one hundred and sixteen (116) residential homes. Improvements in this area consists of 75,020 square feet of streetscape, 15,011 linear feet of irrigation and 4,894 sprinkler heads which cover water quality basin, ground cover, shrubs, trees, and irrigation.

Annexation 2021-028
Stone Briar IV-Tract 20133 — generally located south of Desert Glen Street, east of Jonathan Street, north of Cactus Road and west of Pearmain Street. The development will have eighty-one (81) residential homes and two (2) common areas. Improvements in this area consist of 37,211 square feet of landscape which includes ground cover, shrubs, and irrigation.

Annexation 2023-029
Adelanto Pointe-Tract No. 20504 — generally located south of Chamberlaine Way, north of Lee Avenue and east of Aster Road. The development will have seventy-five (75) residential homes, one (1) basin and one (1) park. Improvements in this area consist of 10,335 square feet of landscape which includes ground cover, shrubs, trees, and irrigation.

Annexation 2023-030
Seneca Pointe III-Tract No. 20401 — generally located south of Seneca Road, east of Hacienda Road, and west of Stevens Road. The development will have one hundred and seven (107) residential homes.

Improvements in this area consist of 37,685 square feet of landscape which includes trees, ground cover, shrubs, vines, and irrigation.

ZONES AND IMPROVEMENTS ANNEXATION TERRITORY FISCAL YEAR 2023/2024 Annexation 2023-031
Adelanto Villa-Tract 20507 — generally located north of Chamberlaine Way, east of Raccoon Avenue, and south of Vintage Road. The development will have one hundred and thirty-six (136) residential homes, one (1) public/dog park located on Lot A to be named Kings Park, one (1) public park and water quality/retention basin on Lot B to be named Zion Park, and one (1) public/children’s park located on Lot C to be named Yosemite Park. The children’s park is anticipated to contain slides, sand lots and seating. The area is currently identified by the San Bernardino County Assessor’s Office as parcels 459-331-036 through 459- 331-039. Improvements in this area consist of 16,706 total square feet of landscaping, which is comprised of 10,149 square feet of regular landscaping that includes trees, ground cover, shrubs, vines, and irrigation; and 6,557 square feet of park turf.
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Fiscal Year 2023/2024

Part II — Method of Apportionment

LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS
The costs of the proposed improvements have been identified and allocated to properties within the Annexation Territory based on proportional special benefit, consistent with the provisions of the 1972 Act and the assessment provisions of Proposition 218 (contained in Article XIIID of the California Constitution). The improvements provided by this District and for which properties within the Annexation Territory are assessed, are identified as local landscaping and related amenities that were either installed in direct connection with the development of properties to be included within designated Annexation 2023-031, or were installed for the benefit of those properties as a result of property development or potential development and were considered necessary elements for the development of such properties for their full and best use. The formulas used for calculating assessments and the designation of Zones herein reflect the composition of parcels within the Annexation Territory, and the improvements and activities to be provided, and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel.

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

Article XIIID Section 2d defines District as follows:
“District” means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service, Article XIIID Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”
Article XIIID Section 4a defines Proportional Special Benefit assessments as follows:

An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel. Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” 97 Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
Annexation No. 2023-031
Fiscal Year 2023/2024

BENEFIT ANALYSIS
Landscaping Special Benefit
Each parcel within the District receives a special and distinct benefit from the improvements over and above general benefits conferred by the improvements.

First, all the improvements were conditions of approval for the creation or development of the parcels. To create or develop the parcels, the City required the original developer to install and guarantee the maintenance of landscaping, ornamental structures, and appurtenant facilities to serve the parcels.

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

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

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

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

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

The total benefits are a combination of the special benefits to the parcels within the District and the general benefits to the public at large and to the adjacent property owners. The portion of the total landscape maintenance costs which are associated with general benefits will not be assessed to the parcels in the District but will be paid from other City funds.
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Fiscal Year 2023/2024

Because the landscaping is located immediately adjacent to properties within the District and is maintained solely for the benefit of the properties within the District, any benefit received by properties outside of the District is merely incidental. It is estimated that the general benefit portion of the benefit received from the improvements for any district is less than one (1) percent of the total benefit.

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

For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the various Zone improvements by a single-family residential parcel. The single-family residential parcel has been selected as the basic unit for calculation of assessments. Thus, the “benchmark” property (the single-family residential parcel) derives one EBU of benefit and is assigned 1.00 EBU. Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each parcel from the improvements. The benefit formula used for the District should reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on special benefit to each parcel.

The existing District’s Method of Apportionment utilizes commonly accepted assessment engineering practices and were established pursuant to the 1972 Act and the provisions of the Constitution. The method outlined for each Zone is based on the premise that each assessed parcel receives benefit from the improvements maintained and financed by the District’s assessments. The desirability of properties within each Zone is enhanced by the presence of well-maintained landscaping in close proximity to those properties.

The costs associated with the improvements within each Zone are equitably spread among the benefiting parcels within the Zone and the funds collected shall be dispersed and used for only the improvements and services provided by the District.

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

The EBU Application for Properties in the Original District, Annexation 2005-001, Annexation 2005-002, Annexation 2005-003, Annexation 2006-009, Annexation 2007-022, Annexation 2019-027, Annexation 2021- 028, Annexation 2023-029, Annexation 2023-030 and proposed Annexation 2023-031 is as follows:

Single Family Residential — This land use is defined as a fully subdivided residential home site with or without a structure and the improvements and services associated with the parcel have been accepted or will be accepted by the City for maintenance in the fiscal year. This land use is assessed 1.0 EBU per lot or parcel.
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Annexation No. 2023-031
Fiscal Year 2023/2024

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

Parcel Type EBU x Acres or Units = Parcel EBU
For each Tract of the District, the total number EBUs for the fiscal year equals the sum of all individual EBUs applied to parcels in that Zone. An assessment amount per EBU (Rate) for the improvements is established by taking the total cost of the improvements (amount budgeted) and dividing that amount by the total number of EBUs of all parcels to be assessed. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements. 100
Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
Annexation No. 2023-031
Fiscal Year 2023/2024

Part III — Estimate of Costs
The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses.

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

PROPOSED BUDGETS AND ASSESSMENTS
The budgets and assessments outlined on the following page for the Annexation Territory for designated 2023-031 are based on the City’s estimate of the expenses and related funding necessary for the operation, maintenance and servicing of the District improvements identified in Part I of this Report.

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

Annexation Territory Budget Fiscal Year 2023/2024

BUDGET ITEM
Annexation
2023-031
(Tract
20507)
DIRECT COSTS (Labor/Materials)
Streetscape $5,413
Park $2,956
Graffiti Removal 18,983
Total Direct Costs $27,352

ADMINISTRATION
District Administration $1,271
County Administration Fee 41
Total Administration $1,312

TOTAL DIRECT COSTS & ADMINISTRATION
EXPENSES $28,664

LEVY ADJUSTMENTS
Reserve Fund Collection/(Contribution) $13,676
Repair and Rehab Collection $2,660
Revenue from Other Sources (Contribution) 0
General Fund Collection/(Contribution) 0
Total Levy Adjustments $16,336

BALANCE TO LEVY $45,000
Total EDUs at Build-Out 136.00
Total Parcels at Build-Out 139
Fiscal Year 2023/2024 Rate per EDU $330.88
Fiscal Year 2023/2024 Maximum Rate per EDU $330.88
102
Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
Annexation 2023-031
Fiscal Year 2023/2024

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

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

The adoption of the maximum assessment rates and the Assessment Range Formula described herein does not mean that the annual assessments will necessarily increase each fiscal year, nor does it absolutely restrict the assessments to the annually adjusted maximum assessment rates. Although the maximum assessment rates that may be levied shall be increased each fiscal year, the actual amount to be assessed will be based on the Balance to Levy for that fiscal year. If the calculated assessment is less than the adjusted maximum assessment, then the calculated assessment may be approved by the City Council for collection.

If the calculated assessment (based on the proposed budget) is greater than the adjusted maximum assessment for that fiscal year, then it would be considered an increased assessment and would require property owner approval through another protest ballot proceeding before imposing such an increase.

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

The Assessment Range Formula shall be applied to the maximum assessment rates for the Annexation Territory 2023-031 commencing in Fiscal Year 2024/2025 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application. 103
Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
Annexation 2023-031
Fiscal Year 2023/2024

Part IV — Boundary Diagram
The Fiscal Year 2023/2024 District Diagram below shows the boundaries of the Adelanto Landscape Maintenance Assessment District No 1. A separate diagram for the proposed Annexation Territory 2023-031 is shown on the following page.
104
Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
Annexation 2023-031
Fiscal Year 2023/2024

105
Adelanto Landscape Maintenance Assessment District No. 1 Engineer’s Report
Annexation 2023-031
Fiscal Year 2023/2024

Part V — Assessment Roll
Parcel identification for each lot or parcel within the Annexation Territory shall be the parcels as shown on the San Bernardino County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps.

The following are the assessor parcel numbers within the Annexation Territory and the corresponding maximum assessments being set for Fiscal Year 2023/2024.

Assessor's
Parcel Number Owner EBU
Maximum
Assessment
Rate
Maximum
Assessment
0459-331-36-0000 CHAMBERLAINE DEVELOPMENT LLC 50.71 $330.88 $16,778.92 0459-331-37-0000 CHAMBERLAINE DEVELOPMENT LLC 50.71 $330.88 $16,778.92 0459-331-38-0000 CHAMBERLAINE DEVELOPMENT LLC 23.07 $330.88 $7,633.40 0459-331-39-0000 CHAMBERLAINE DEVELOPMENT LLC 11.51 $330.88 $3,808.43 Totals 136.00 $44,999.68
Parcel Count 4
Note: Budget on page 14 is rounded to the nearest dollar 106

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: April 10, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY:

SUBJECT: CITY OF ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, ANNEXATION OF ADELANTO VILLA-TRACT 20507 (2023-031)
STAFF RECOMMENDATION:

Staff recommends that the City Council take the next and final steps to complete the annexation process for Tract 20507.

It is requested that the City Council open the Public Hearing regarding the annexation of Tract 20507 to the District and the proposed assessments in order to accept public testimony and any written protests regarding these proceedings. Upon conclusion of the public testimony, the Mayor will close the Public Hearing and direct the City Clerk or their designee to open and tabulate the ballots received, which may take a few minutes. Upon completion of the tabulation, the City Clerk will present to the City Council the results of that tabulation which will be in the form of total dollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the assessments (“No” votes); and as a matter of procedure, the City Council would then adopt the first of two resolutions which formally declares the results of protest ballot proceedings. Based on the weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a majority protest of the proposed assessments, and the City Council will abandon any further proceedings at this time to annex this Annexation Territory to the District or to levy the annual assessments. If majority protest does not exist, it is requested that the City Council adopt the second resolution which formally annexes Tract 20507 to the District, confirms the Assessment Diagram and assessments outlined in the Engineer’s Report, and orders the levy and collection of the assessments for the Annexation Territory to be collected on the County tax rolls for Fiscal Year 2024/2025 as identified in the Engineer’s Report.

1.) CONDUCT THE PUBLIC HEARING REGARDING THE ANNEXATION OF TRACT 20507 TO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1.

2.) AFTER RECEIVING ALL TESTIMONY, CLOSE THE PUBLIC HEARING AND DIRECT CITY CLERK OR THEIR DESIGNEE TO TABULATE THE BALLOTS RETURNED.
107

3.) UPON COMPLETION OF THE BALLOT TABULATION ADOPT THE FOLLOWING RESOLUTION.

RESOLUTION NO. 24-34 DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST

BALLOT PROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF ADELANTO VILLA-TRACT 20507 TO THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, FISCAL YEAR 2023/2024 AND APPROVING CERTAIN RELATED ACTIONS.

4.) IF MAJORITY PROTEST DOES NOT EXIST, ADOPT THE FOLLOWING RESOLUTION (Otherwise no further action is required).

RESOLUTION NO. 24-35 CONFIRMING THE ANNEXATION OF PARCELS WITHIN ADELANTO VILLA-TRACT 20507 TO THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, THE DIAGRAM AND ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024,

OVERRULING ALL PROTESTS CONCERNING THE ASSESSMENTS, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024/2025.

BACKGROUND:

As a condition of approval of Tract 20507, the developer is required to annex their development into the existing City of Adelanto Streetlight Maintenance Assessment District No. 1. At the February 14, 2024 City Council Meeting, the City Council adopted along with other resolutions, a Resolution of Intention which set April 10, 2024 as the Public Hearing date for the proposed annexation of Tract 20507 (“Annexation Territory”) into the Streetlight Maintenance Assessment District No. 1 (the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code and called for the protest ballot proceeding regarding the new assessments for the Annexation Territory, in compliance with the substantive and procedural requirements of the California State Constitution, Articles XIIID.

The City of Adelanto is proposing to annex the properties within the Annexation Territory to the District to ensure a dedicated revenue source to fund the expenses related to the special benefit to properties in the Annexation Territory and District for the ongoing maintenance, operation, and servicing of the street lighting improvements in connection with development of the properties within these residential subdivisions. The Annexation Territory is generally located north of Chamberlaine Way, east of Raccoon Avenue, and south of Vintage Road. At build out this Annexation Territory will include the on hundred and thirty-six (136) residential homes and three (3) parks planned for Tract 20507.

FISCAL IMPACT:

The total annual maximum assessment amount balloted for Tract 20507, specific to the Streetlight Maintenance Assessment District No. 1, for Fiscal Year 2023/2024 is $9,971.52.

ATTACHMENTS:

Staff Report
Resolution No. 24-34
Resolution No. 24-35
108
RESOLUTION NO. 24-34

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

DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT

PROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS RELATED TO THE ANNEXATION OF ADELANTO VILLA-TRACT 20507 TO THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, FISCAL YEAR 2023/2024 AND

APPROVING CERTAIN RELATED ACTIONS
WHEREAS, the City Council called and duly held a property owner protest proceeding for the annexation of Adelanto Villa-Tract 20507 (“2023-031”), located north of Chamberlaine Way, east of Raccoon Avenue, and south of Vintage Road (hereafter referred to as “Annexation Territory”), into the Adelanto Streetlight Maintenance Assessment District No. 1 (hereafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Part 2, Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”), and the California Constitution Article XIIID (hereinafter referred to as the “Constitution”), for the purpose of presenting to the qualified property owners within the Annexation Territory the proposed annual levy of assessments for the improvements connected therewith. Said annual assessments, commencing in Fiscal Year 2024/2025, as presented to the affected property owners of record in this ballot proceeding including the maximum assessment rate and annual inflationary adjustment, would fund the costs and expenses related to the operation, maintenance and servicing of the lighting improvements and appurtenant facilities related thereto that provide special benefits to properties within the Annexation Territory, and
WHEREAS, the landowner(s) of record within the Annexation Territory as of the close of the Public Hearing held on April 10, 2024, did cast their ballots, weighted by the proportional financial obligation of each ballot, the results of which are illustrated below:

Total Ballots Cast Yes Total No Total
$ ____________ $ ____________ $ ____________

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

Recitals: The above recitals are true and correct.

Proceedings: The protest proceedings for the Annexation Territory assessments were conducted pursuant to the provisions of the Constitution with ballots presented to the affected property owner(s) for receipt by the City Clerk prior to the conclusion of the Public Hearing on April 10, 2024, with each ballot weighted according to the proportional financial obligation of the affected property.
109
Resolution No. 24-34
April 10, 2024

Canvass of Ballots: The tabulation and canvass of the property owner protest ballots was conducted by the City Clerk or their designee, with all valid protest ballots returned by the affected property owners being counted, the results of which as shown herein, have been presented to the City Council and are hereby confirmed.

Official Declaration of Results: The City Clerk is hereby directed to enter this Resolution into the minutes of the City Council, which shall constitute the official declaration of the result of such property owner protest proceeding.

Certification: This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution.

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 10
th day of April, 2024 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 10
th day of April, 2024.
______________________________
Brenda Lopez, City Clerk
110
RESOLUTION NO. 24-35

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

CONFIRMING THE ANNEXATION OF PARCELS WITHIN ADELANTO VILLA-TRACT 20507 TO THE ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1, THE DIAGRAM AND ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024, OVERRULING ALL PROTESTS CONCERNING THE ASSESSMENTS, AND

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR
FISCAL YEAR 2024/2025
WHEREAS, the City Council has by previous Resolutions initiated proceedings and declared its intention for the annexation of territory identified as Adelanto Villa-Tract 20507 (hereafter referred to as “Annexation Territory”), into the Streetlight Maintenance Assessment District No. 1 (hereinafter referred to as the “District”) and establishing the Annexation Territory as Adelanto Villa-Tract 20507 (“2023-031”) of the District, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”) to pay the costs and expenses for the ongoing maintenance, operation and servicing of the lighting improvements and appurtenant facilities related thereto, and
WHEREAS, the Assessment Engineer of Work has prepared a budget in connection with the Annexation Territory and the levy of annual assessments connected therewith and has determined that the estimated maximum annual special benefit expenses (amount balloted) to assist with maintaining the improvements in the District would be $9,971.52 for Fiscal Year 2023/2024. This cost being apportioned to the parcel(s) therein according to the method of apportionment established for the District results in a maximum assessment rate of $73.32 with an annual inflator applied in Fiscal Year 2024/2025 as identified in the Engineer’s Report, and WHEREAS, the improvements installed and constructed are maintained by the City as part of the District, and
WHEREAS, the Assessment Engineer of Work shall incorporate said Annexation Territory along with the levy of annual assessments and Assessment Diagram connected therewith into the annual Engineer’s Report prepared in connection with the District for Fiscal Year 2024/2025, and said report is incorporated herein by reference and shall be filed with the City Clerk pursuant to Section 22623 of the Act, and
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the Annexation Territory for the fiscal year commencing July 1, 2024 and ending June 30, 2025 (Fiscal Year 2024/2025), to pay the costs and expenses of the ongoing operation, maintenance, and servicing of improvements determined to be of special benefit to the properties and the development of properties within the Annexation Territory, and all appurtenant facilities related thereto, and
111
Resolution No. 24-35
April 10, 2024

WHEREAS, the City Council has conducted a property owner protest ballot proceeding for the Annexation Territory assessments proposed to be levied commencing Fiscal Year 2024/2025 as described herein, and majority protest of the assessments did not exist pursuant to the provisions of the California Constitution Article XIIID (hereinafter referred to as the “Constitution”).

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

Recitals: The above recitals are true and correct.

Protest Determination: Following notice duly given, the City Council has held a full and fair Public Hearing regarding the Annexation Territory, the levy and collection of assessments, and by Resolution approved the proposed assessments prepared in connection therewith; and has considered all oral and written statements, protests and communications made or filed by interested persons. The City Council in accordance with the provisions of the Constitution has determined that majority protest does not exist for the annexation of properties identified as the Annexation Territory or the assessments so presented.

Findings: Based upon its review of the facts presented, the City Council hereby finds and determines that:
a) The land within the Annexation Territory will receive special benefit from the operation, maintenance, and servicing of improvements to be provided by the City as part of the District.
b) The Annexation Territory includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the Annexation Territory has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services to be provided commencing with Fiscal Year 2024/2025.

Improvements: The City Council hereby orders the continuous maintenance of improvements in the District. Said improvements include but are not limited to the maintenance, operation and incidental expenses related to street lighting. The cost of providing such improvements generally include, but are not limited to all materials, equipment, utilities, labor, and incidental expenses including administrative expenses for the regular annual maintenance as authorized by the Act. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained for the Annexation Territory are on file in the Office of Public Works of the City of Adelanto and by reference these plans and specifications are made part of this Resolution and the Engineer’s Report prepared in connection with these proceedings. 112
Resolution No. 24-35
April 10, 2024

Collection of Assessments: The County Auditor of San Bernardino County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy so described in the Engineer’s Report for the Annexation Territory known as Adelanto Villa-Tract 20507 of the District, and such levies shall be submitted to the County Auditor along with the other assessments for the District, and collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

Deposit of Funds: The City Treasurer shall deposit all money representing assessments collected by the County for the Annexation Territory (Adelanto Villa-Tract 20507 of the District) to the credit of a fund for Adelanto Villa-Tract 20507 of the District, and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in the Engineer’s Report and generally outlined within the Improvements description provided in the Annexation Engineer’s Report.

Annexation Approval: The adoption of this Resolution constitutes the annexation of Adelanto Villa located north of Chamberlaine Way, east of Raccoon Avenue, and south of Vintage Road (the Annexation Territory) as Adelanto Villa-Tract 20507 of the District, the boundaries of which shall be contained in the Assessment Diagram for the District; the establishment of the maximum assessment rate and assessment range formula connected therewith; and the initial assessment rate established in Fiscal Year 2023/2024, based on the results of the protest ballots received from the property owners of record as part of the majority protest ballot proceeding conducted for said assessments. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council’s approval of the annexation of properties with the Annexation Territory; the adoption and confirmation of the Assessment Diagram; and the establishment of the maximum assessment rates, assessment range formula and the assessments.

The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council’s approval of the annexation of the parcels within Annexation Adelanto Villa-Tract 20507 to Streetlight Maintenance Assessment District No. 1; the adoption and confirmation of the Annexation Territory Assessment Diagram; and the establishment of the maximum assessment rates, assessment range formula and the assessments contained in the Engineer’s Report.
113
Resolution No. 24-35
April 10, 2024

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 10
th day of April, 2024 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 10
th day of April, 2024.
______________________________
Brenda Lopez, City Clerk
114
City of Adelanto
Streetlight Maintenance
Assessment District No. 1
Engineer’s Report
Annexation of Territory and Establishment of
2023-031 (Adelanto Villa-Tract 20507)
Fiscal Year 2023/2024
Intent Meeting: February 14, 2024
Public Hearing: April 10, 2024 27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500
F 951.587.3510
www.willdan.com
115

ENGINEER'S ANNEXATION REPORT AFFIDAVIT
City of Adelanto
Landscape Maintenance Assessment District No. 1
Annexation of Territory and Improvements; and
Establishment of Adelanto Villa - 2023-031
Fiscal Year 2023/2024
City of Adelanto,
San Bernardino County, State of California
As part of the Resolution of Intention packet presented for the consideration of the Adelanto City Council, this Report and the enclosed budgets, diagrams, and descriptions outline specific proposed changes to the Landscape Maintenance Assessment District No. 1 (LMAD No. 1) for Fiscal Year 2023/2024, including the annexation of territory to the District; the expansion of the improvements to be maintained within the District, and the proposed annual assessments for all parcels within the Annexation Territory commencing in Fiscal Year 2024/2025. Reference is hereby made to the San Bernardino County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of parcels within LMAD No.1, 2023-031 Annexation Territory known as Adelanto Villa-Tract No. 20507 that will be subject to the proposed annual assessment.

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

Dated this ____________ day of ______________, 2024.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Adelanto
By: ________________________________
Stacee Reynolds
Principal Consultant
By: ________________________________
Tyrone Peter
P. E. # C 81888
116
Table of Contents
INTRODUCTION .......................................................................................................................... 1 PART I — PLANS AND SPECIFICATIONS ..................................................................................... 3 IMPROVEMENTS AUTHORIZED BY THE 1972 ACT .................................................................... 3 DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED ................................. 3 ZONES AND IMPROVEMENTS ANNEXATION TERRITORY FISCAL YEAR 2023/2024 ................... 5 PART II — METHOD OF APPORTIONMENT ................................................................................... 6 LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS ............................................................... 6 SPECIAL BENEFITS ................................................................................................................ 6 GENERAL BENEFIT ................................................................................................................. 7 ASSESSMENT METHODOLOGY ............................................................................................... 7 ASSESSMENT RANGE FORMULA .......................................................................................... 11 PART III — ESTIMATE OF COSTS............................................................................................... 12 PART IV — DISTRICT DIAGRAM ................................................................................................. 13 PART V — ASSESSMENT ROLL ................................................................................................. 15

117
Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
Annexation No. 2023-031
Fiscal Year 2023/2024

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

The City Council of the City of Adelanto, being the legislative body for the District, may, pursuant to the 1972 Act, annex territory and levy annual assessments for the operation and administration of the District. In Section 22608 of the 1972 Act, it states “right of majority protest shall be limited to the territory proposed to be annexed.”
In addition, the 1972 Act provides for the levy of annual assessments after annexation into or formation of an assessment district for the continued maintenance and servicing of the improvements. The 1972 Act further allows various areas to be annexed into an existing district when the territory in the annexation receives substantially the same proportional special benefits from the improvements. The costs associated with the installation, maintenance, and servicing of the improvements may be assessed to properties which benefit from the installation, maintenance, and servicing of such improvements.

This report specifically addresses the annexation of Tract 20507 consisting of 26.82 acres of land to be subdivided into one-hundred and thirty-six (136) residential homes, and three (3) parks and a detention basin.

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

This territory is more specifically identified as:
 Adelanto Villa-Tract 20507 which is located north of Chamberlaine Way, east of Raccoon Avenue, and south of Vintage Road. This development located on Assessor Parcels 0459-331-36-0000, 0459-331- 37-0000, 0459-331-38-0000, 0459-331-39-0000 will develop out to one hundred and thirty-six (136) residential homes, one (1) public/dog park located on Lot A to be named Kings Park, one (1) public park and water quality/retention basin on Lot B to be named Zion Park, and one (1) public/children’s park located on Lot C to be named Yosemite Park.

This annexation territory is proposed to be annexed into the District in Fiscal Year 2023/2024 and levied assessments commencing in Fiscal Year 2024/2025, and shall be known as:

Annexation 2023-031 for the Adelanto Streetlight Maintenance Assessment District No. 1 (hereafter referred to “Annexation 2023-031”). The properties associated with and identified herein as Annexation 2023-031 are shown on the Assessment Diagrams incorporated herein as Part IV of this Report. 118
Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
Annexation No. 2023-031
Fiscal Year 2023/2024

This Report has been prepared in connection with the annexation of parcels into the District for Fiscal Year 2023/2024, designated as Annexation 2023-031, pursuant to a resolution of the City Council and consists of five (5) parts:

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

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

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

PART IV – ASSESSMENT DIAGRAM
Contains diagrams showing the existing exterior boundaries of the District, and the location and parcels that receive special benefits from the streetlight improvements to be provided and maintained as part of Annexation 2023-031. The lines and dimensions of each lot, parcel, and subdivision of land within Annexation 2023-031 are inclusive of all parcels listed in “Part V – Assessment Roll” of this Report and the corresponding San Bernardino County Assessor's Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments, or parcel changes therein.

Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within Annexation 2023-031.

PART V – ASSESSMENT ROLL
Identifies the maximum assessment to be levied on each benefited lot or parcel of land within Annexation 2023-031.
119
Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
Annexation No. 2023-031
Fiscal Year 2023/2024

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

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

DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The District was established to collect funds to cover the expenses for energy and maintenance of streetlights in the City. The existing improvements for the District include, but are not limited to, and may be generally described as follows:
 The installation of streetlighting, traffic signals, and other appurtenant facilities that are necessary for the daily operation of said lighting located within City road rights-of-way. Installation covers all work necessary for the installment or replacement of said lighting and all appurtenant work necessary to complete said installation or replacement.
 The operation, maintenance, and servicing of all existing streetlighting, traffic signals, and other appurtenant facilities necessary for the daily operation of said lighting located within City road rights-ofway. Operation, maintenance, and servicing means all work necessary to maintain said lights in proper operation including providing energy to operate the lights. 120
Adelanto Streetlight Maintenance Assessment District No. 1 Engineer’s Report
Annexation No. 2023-031
Fiscal Year 2023/2024

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

Original District
• Tract 16829 — 13 Streetlights
o 11 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles o 2 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles Annexation 2005-001
• Tract 17030 —11 Streetlights
o 10 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles o 1 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles Annexation 2005-002
• Tract 17045, -1, -2 and -3 — 45 Streetlights
o 30 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles o 15 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles Annexation 2005-003
• Tract 16917 — 17 Streetlights
o 11 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles o 6 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles Annexation 2006-009
• Tract 16848 — 16 Streetlights
o 6 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles o 10 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles Annexation 2007-022
• Tracts 13896, 13896-1, -2, and -3 — 24 Streetlights
o 14 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles o 10 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles Annexation 2019-001
• Tract 20129 — 22 Streetlights
o 19 – 9,500 lumens (100 watt) H.P.S. lamps on concrete poles o 3 – 22,000 lumens (200 watt) H.P.S. lamps on concrete poles Annexation 2021-028
• Stone Briar IV - Tract 20133 — 14 Streetlights
o 14 – 5,000 lumens (100 watt) H.P.S. lamps on concrete poles; 121
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ZONES AND IMPROVEMENTS – ANNEXATION TERRITORY FISCAL YEAR 2023/2024 Annexation 2023-029
• Adelanto Pointe-Tract No. 20504 — 10 Streetlights
o 7 – 9,500 lumens H.P.S.V. lamps on concrete poles
o 3 – 22,000 lumens H.P.S.V. lamps on concrete poles
Annexation 2023-030
• Seneca Pointe III-Tract 20401 — 31 Streetlights (28 internal and 3 perimeter) PROPOSED ZONE AND IMPROVEMENTS – ANNEXATION TERRITORY FISCAL YEAR 2023/2024 Annexation 2023-031
• Adelanto Villa-Tract 20507 — 25 Streetlights (13 internal and 11 perimeter) Note: Lumens to be identified in Annual Engineer’s Report 122
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Fiscal Year 2023/2024

Part II — Method of Apportionment

LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS
The costs of the proposed improvements have been identified and allocated to properties within Annexation 2023-031 based on proportional special benefit with the Assessor Parcel Numbers currently in the District, consistent with the provisions of the 1972 Act and the assessment provisions of Proposition 218 (being contained in Article XIII D of the California Constitution). The improvements provided by this District and for which properties within the annexation areas are assessed, are identified as streetlights that were installed due to development or prior to this annexation. The formulas used for calculating assessments and the designation of Zones herein reflect the composition of parcels within Annexation 2023-031, and the streetlight improvements are fairly apportioned among the parcels in the District.

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

Article XIII D Section 2d defines District as follows:
“District” means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service.

Article XIII D Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over, and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”
Article XIII D Section 4a defines Proportional Special Benefit assessments as follows:

An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel. Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.

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

Over time, the improvements continue to confer a particular and distinct special benefit upon parcels within the District due to the nature of the improvements. The proper maintenance of the streetlights and appurtenant facilities reduces property-related crimes, especially vandalism, against properties in the District.

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

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

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

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

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

Land Use Definitions
The District assessment is based on land use so that property owners are assessed in proportion to the benefits received. The land uses defined below are descriptive of all parcels within the District. In the event there is a question regarding the land use designation of any parcel in the District, the City Engineer will be responsible for administratively assigning one of the land uses listed below in Table 1.

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TABLE 1 — LAND USE DEFINITIONS
Land Use Code Land Use Description
RES Single family residential parcels that benefit from local lighting.

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

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

APT Multiple family residential parcels that benefit from local lighting.

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

MH Mobile homes that benefit from local lighting.

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

NONRES Non-residential parcels that benefit from local lighting.

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

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

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

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

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

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

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

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

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

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

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

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

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

2.60/parcel
.25/parcel
.25/parcel
.33/Unit + .25 EDU/Parcel
.20/Unit + 2.85 EDU/Parcel
Nonresidential 1.00/acre 1.50/acre 1.50/acre 4.00 EDU/Net Acre Vacant 0.00/parcel .25/parcel .25/parcel .50 EDU/Parcel An EDU (Equivalent Dwelling Unit) is used as a way to relate dissimilar land uses such as commercial and residential. As an example: one (1) acre of commercial is approximately equal to four (4) residential parcels.

The following Table 3, Peripheral Lighting Benefit Factors, shows the breakdown of the benefit points assigned to each land use for all assessable property in the District. The single-family parcel has been selected as the basic unit for calculation of the assessments and is defined as one (1) EDU. Other land use parcels receive slightly varying levels of benefit based on parcel usage and size. Equivalent factors have been developed to indicate the benefit received based on the single-family parcel. All other land uses are converted to EDUs in the manner shown in the following table. 126
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Fiscal Year 2023/2024

TABLE 3 — PERIPHERAL LIGHTING BENEFIT FACTORS
Land Use Description Total Benefit Points
Single Family Residential 1.00 EDU/Parcel
Condominium 0.85 EDU/Parcel
Multiple Family 0.95 EDU/Unit
Mobile home 0.40 EDU/Unit
Nonresidential 1.00/7,200 square feet (parcel) size
Vacant 0.25 EDU/Parcel
Vacant parcels, which have no people residing on the property, also benefit from peripheral lighting because of the convenience associated with emergency vehicle access and other traffic that must use the arterial streets to service the vacant properties in the District. Therefore, vacant parcels are assigned per parcel benefit factors. Vacant parcels are assigned benefit factors based on the core benefit attributable to every assessable parcel in the District from peripheral lighting of .25 EDU per parcel.

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

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

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

Exempt Properties
Properties classified as Exempt Properties may include but are not limited to lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, rights-of-way, public greenbelts and parkways; utility rights-of-ways; common areas, sliver parcels and bifurcated lots or any other property the City has determined that the parcel cannot be developed; or publicly owned properties that are part of the District improvements or that have little or no improvement value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempt from assessment and are assigned 0.00 EDU. 127
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Special Cases
As with any assessment district, there may be a specific property or properties that the typical land use classifications and method of apportionment does not completely reflect the proportional special benefits received as compared to other parcels. Usually, this type of issue arises from property specific development issues in which either the use of that property is significantly restricted or limited compared to other properties, or the timing of the City accepting the specific improvements associated with that property as compared to other properties and developments. In these cases, the assessment engineer may determine that an appropriate calculation of proportional benefit would be better reflected by applying a reduced weighting factor that accounts for the property’s reduced benefit. Because a district’s method of apportionment ultimately establishes not only the assessment for each parcel, but the proportional benefit between parcels, identifying any parcel as a “Special Case” and deviating from the standard method of apportionment applied to other properties in the district ultimately effects the proportional assessment of those other properties.

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

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

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

The Maximum Assessment is adjusted annually and is calculated independent of the annual budgets and proposed assessments established for each Annexation of the District. Any proposed annual assessment (rate per EDU) less than or equal to this Maximum Assessment (for each Annexation) is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior fiscal year. Although the Maximum Assessment will increase each year, the actual District assessments may remain virtually unchanged. The Assessment Range Formula shall be applied to the maximum assessment rate for the Annexation Territory 2023-031 commencing in fiscal year 2024/2025 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application. 128
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Part III — Estimate of Costs
The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses.

The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within Annexation 2023-031 is the total cost of maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

The estimated annual improvement costs for Annexation 2023-031 are identified below:

BUDGET ITEM
Annexation 2023
(Adelanto Villa -
Tract 20507)
DIRECT COSTS (Labor/Materials)
Labor/Material $3,188
Streetlight Maintenance/Energy 4,895
Total Direct Costs $8,083

ADMINISTRATION
District Administration $818
County Administration Fee 41
Total Administration $859
TOTAL DIRECT COSTS & ADMINISTRATION EXPENSES $8,942

LEVY ADJUSTMENTS
Reserve Fund Collection/(Contribution) $2,021
Revenue from Other Sources (Contribution) 0
General Benefit Perimeter Lights (991)
General Fund Collection/(Contribution) 0
Total Levy Adjustments $1,030

BALANCE TO LEVY $9,972
Total Parcels at Build Out 139
Total EDUs 136.00
Fiscal Year 2023/2024 Assessment Rate per EDU $73.32
Fiscal Year 2023/2024 Maximum Rate per EDU $73.32
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Part IV — District Diagram
The original Diagram for the Adelanto Streetlight Maintenance Assessment District No. 1 and each of the Annexations are on file with the City Clerk and by reference herein are made part of this Report. The parcels within the Adelanto Streetlight Maintenance District No. 1 consist of all lots, parcels and subdivisions of land shown on the San Bernardino County Assessor’s parcel maps. The lines and dimensions shown on the County Assessor Parcel maps for the current year are incorporated by reference herein and made part of this report.
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Fiscal Year 2023/2024

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Fiscal Year 2023/2024

Part V — ASSESSMENT ROLL
Parcel identification for each lot or parcel within Annexation 2023-031 shall be the parcels as shown on the San Bernardino County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps.

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

Assessor's Parcel
Number Owner EDU
Maximum
Assessment Maximum
Assessment Rate
0459-331-36-0000 Chamberlaine Development LLC 50.71 $73.32 $3,718.06 0459-331-37-0000 Chamberlaine Development LLC 50.71 $73.32 3,718.06 0459-331-38-0000 Chamberlaine Development LLC 23.07 $73.32 1,691.49 0459-331-39-0000 Chamberlaine Development LLC 11.51 $73.32 843.91 Totals 136.00 $9,971.52
Note: Budget on page 12 is rounded to the nearest dollar 132