Agenda — Adelanto City Council, February 12, 2025 (part 1 of 2)

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
February 12, 2025

City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Stevevonna Evans, 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 Open Session: 11:00 a.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
FEBRUARY 12, 2025
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
FEBRUARY 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Evans ________________
Councilor Meza ______
Councilor Uptergrove ________________
Mayor Pro Tem Ramos ______
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________

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

C. APPROVAL OF AGENDA
D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
F. PRESENTATIONS

1. Presentation to the Adelanto Christmas Parade Winners.

2. Presentation by Southern California Edison.

A. CALL TO ORDER—REGULAR MEETING
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
FEBRUARY 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. 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
H. 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 or member of the audience 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. Approval of Meeting Minutes - January 8, 2025

3. Receive and File Commercial and Residential Recycling Department Report.

4. Receive and File Commercial and Residential Recycling Department Report 4th Quarter Report.

5. Approval of the reallocation of funding for the Fire Station project no. 2021-13, moving $248,142 from the General Fund to the Fire Impact Fund (204) for fiscal year 2022-2023.

6. Affirm Annexation of Bellflower-Tract 20675 into Landscape Maintenance Assessment District No. 1 and Streetlight Maintenance Assessment District No. 1 RESOLUTION NO. 25-09

INITIATING PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY (TRACT 20675) TO ADELANTO LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND THE LEVY

AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO COMMENCING WITH FISCAL YEAR 2025/2026,
PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND HIGHWAYS CODE
4 REGULAR MEETING
FEBRUARY 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RESOLUTION NO. 25-10
DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY TO

THE ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. 1, AND TO LEVY AND COLLECT ANNUAL

ASSESSMENTS RELATED THERETO COMMENCING FISCAL YEAR
2025/2026, PURSUANT TO THE PROVISIONS OF PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE; AND CALLING FOR A PROPERTY OWNER PROTEST

BALLOT PROCEEDING, TO SUBMIT TO THE QUALIFIED

PROPERTY OWNERS THE QUESTION OF LEVYING SUCH

ASSESSMENTS FOR SAID ANNEXATION TERRITORY PURSUANT

TO THE PROVISIONS OF THE CALIFORNIA CONSTITUTION,

ARTICLE XIIID
RESOLUTION NO. 25-11

INITIATING PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY (TRACT 20675) TO ADELANTO STREETLIGHT
MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND THE LEVY

AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO COMMENCING WITH FISCAL YEAR 2025/2026,
PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF

THE CALIFORNIA STREETS AND HIGHWAYS CODE
RESOLUTION NO. 25-12
DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY
KNOWN AS TRACT 20675 TO THE ADELANTO STREETLIGHT
MAINTENANCE ASSESSMENT DISTRICT NO. 1 AS ANNEXATION
2024-033, CALLING FOR A PROPERTY OWNER PROTEST BALLOT

PROCEEDING ON THE MATTER OF A NEW ASSESSMENT,

PURSUANT TO THE PROVISIONS OF THE CALIFORNIA

CONSTITUTION, ARTICLE XIIID, TO LEVY AND COLLECT

ANNUAL ASSESSMENTS RELATED THERETO COMMENCING
FISCAL YEAR 2025/2026, PURSUANT TO THE PROVISIONS OF
PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE; AND TO PRELIMINARILY APPROVE THE
ANNEXATION ENGINEER’S REPORT
5 REGULAR MEETING
FEBRUARY 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

7. Approval of amended Contract with KEC Engineers for as needed engineering services.

M__________________S__________________ACTION__________________ I. ADELANTO PUBLIC UTILITY AUTHORITY 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.

PUBLIC COMMENT: OPEN: CLOSED:

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

2. Approval of amended Contract with KEC Engineers for as needed engineering services.

M__________________S__________________ACTION__________________ J. ADELANTO PUBLIC UTILITY AUTHORITY – NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. APPROVAL OF AWARD OF CONTRACT FOR THE AUBURN AVENUE SEWER IMPROVEMENTS PROJECT CIP 2024-10.(Richard/Kavouse)
RECOMMENDATION: Staff recommends City Council approve an award of construction contract agreement with High Desert Underground in the amount of $675,547, to provide construction of Auburn Avenue Sewer Improvements Project, authorizing City Manager or designee to expend the contingency fund, if necessary to complete the project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act.

M__________________S__________________ACTION__________________ 6 REGULAR MEETING
FEBRUARY 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us K. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. DONATION IN THE AMOUNT OF $7,000.00 TO THE ADELANTO HEAT.(JESSIE) RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback.

M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:

2. COMMUNITY GARDEN DISCUSSION ITEM.(JESSIE)
RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback.
.

M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED:

3. RULES OF DECORUM AND DRESS CODE FOR CITY COUNCIL AND PLANNING COMMISSIONERS. ( BRENDA)
RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback.

M__________________S__________________ACTION__________________ L. ITEMS REMOVED FROM THE CONSENT CALENDAR
M. 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. 7 REGULAR MEETING
FEBRUARY 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us N. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

TIME OUT: ______________
M__________________S__________________ACTION____________________

I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,

HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON FEBRUARY 6, 2025, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk, CMC
P. DECLARATION OF POSTING
8 REGULAR MEETING
FEBRUARY 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

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

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

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

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

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

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
FEBRUARY 12, 2025
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:

Please call 1-669-900-6833 along with
conference code 931 4644 4676
Open Session – 11:00 a.m. Passcode: 7601

Dated: February 6, 2025 Brenda Lopez, City Clerk, CMC
10 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
January 8, 2025
A. CALL TO ORDER – REGULAR MEETING
The Adelanto City Council held the Regular Closed Session Meeting on Wednesday, January 8, 2025, via teleconference 1-415-655-0001 - conference code 146 275 0870 of the Governmental Center located at 11600 Air Expressway, Adelanto, California. Mayor Reyes called to order the regular session meeting at 11:02 a.m.

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

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

C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to approve the agenda as presented with Consent Calendar item #9 being removed and Consent Calendar item #5 being moved to New Business Item #1.

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

D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
City Manager Flores provided updates on capital improvements that are taking place around the city. He shared that the city invested over $17 million dollars in capital improvement projects which allowed 4 miles of road to be repaved. He provided an update about future projects the city has on the horizon.

E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
11 City Council Minutes
Regular Meeting
January 8, 2025
2 Council Member Evans read a speech that she prepared.

Council Member Uptergrove shared that she was able to attend the AESD Guiding Coalition meeting with the AESD team. She announced the clothing closet at New Leaf this Saturday.

Council Member Meza gave a shout out to the Festival of Lights. He also thanked Clark Pacific for donating hams to the community, Sheriff’s Department, and Fire Department. He said he was able to tour the fire department. He shared that Adelanto Little League signups are now going for the new year.

Mayor Pro Tem Ramos thanked Clark Pacific as well for the hams and turkeys. He stated that the Festival of Lights was also amazing and thanked all those involved.

Mayor Reyes thanked members from Supervisor Paul Cook’s office and members from Assemblyman Carrillos office. He thanked everyone for the Christmas Parade. He also thanked all those involved in the toy drives.

F. PRESENTATIONS

1. Presentation to George Ramirez, San Bernardino County Sheriff’s Department.

Council presented a certificate of recognition to George Ramirez.

G. PUBLIC COMMUNICATION
Mayor Reyes opened public comment.

Christopher Davis- Spoke about leaving Amazon and hit a pothole and kept getting the runaround between Adelanto and Victorville.

Melba Davis: was also there to share concern for Christopher Davis about getting the runaround.

Mr. Tucker: Spoke about moving to Adelanto in October. He congratulated Council Member Evans and Mayor Pro Tem Ramos. He shared that he is with a nonprofit that is called New Legacy and is around to help.

Mayor Reyes closed public comment at 11:46 a.m.
12 City Council Minutes
Regular Meeting
January 8, 2025
3 H. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Ramos, seconded by Council Member Meza to approve the consent calendar as presented with item #9 being removed and item #5 moved to New Business, with Council Member Evans abstaining from #2 and item #7 pulled by Evans.

2. Approval of Meeting Minutes - June 12, 2024, Regular Meeting August 28, 2024 – Regular Meeting
October 9, 2024 – Regular Meeting
November 13, 2024 - Regular Meeting

3. Approve a purchase order in the amount of $209,946.23 to Play & Park Structures to buy equipment for Bellflower Park and delegate the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents.

4. Approval of Change order from Vance Construction for Bellflower Street Rehabilitation Project in the amount of $13,449.96.

5. Dissolution of the Special Tax for Facilities with respect to 34 single-family lots owned by DR Horton (‘DR Horton Lots”) within Improvement Area No. 2 and authorize the Mayor to sign the Agreement on behalf of City Council. MOVED TO NEW BUSINESS NUMBER

1. 6. Resolution No. 25-04 authorizing submission of individual grant applications and related authorizations for all grant programs.

RESOLUTION NO. 25-04

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, STATE OF CALIFORNIA, AUTHORIZING SUBMITTAL

OF INDIVIDUAL GRANT APPLICATIONS AND RELATED

AUTHORIZATIONS FOR ALL GRANT PROGRAMS

7. Amendment No. 1 (“Amendment No. 1”) to that certain Lease Agreement between the City of Adelanto (“City”) and High Desert Second Chance (“High Desert”) (“Agreement”) made on May 22, 2024, to extend the term of the Agreement for twelve additional months. 13 City Council Minutes
Regular Meeting
January 8, 2025
4 8. Approving the award of a Professional Service Agreement (PSA) with Alta Planning+ Design, Inc. in the amount of $219,085 for the Development of Safe Streets For All Action Plan and authorizing the City Manager to sign the agreement on behalf of the City Council.

9. Resolution 25-05 of the City Council of the City of Adelanto Authorizing the City Manager to apply for Prohousing Incentive Program Funds.

RESOLUTION NO. 25-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ADELANTO AUTHORIZING APPLICATION FOR, AND RECEIPT OF,
PROHOUSING INCENTIVE PROGRAM FUND.

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

I. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

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

2. Approval of Water Department Report.

3. Approval of Sewer Department Report.

Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes, and Evans no on #2.).

J. PUBLIC HEARING

1. PUBLIC HEARING TO ADOPT GREENHOUSE GAS EMISSION THRESHOLDS AND ADOPTION OF “GREENHOUSE GAS EMISSIONS SCREENING TABLES IMPLEMENTING PERFORMANCE STANDARDS” PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT. (JIM)
RECOMMENDATION: Adopt Resolution 25-03 Adopting Greenhouse Gas (GHG) Emission Thresholds of Significance and adopting the City of Adelanto's “Greenhouse 14 City Council Minutes
Regular Meeting
January 8, 2025
5 Gas Emissions-Screening Tables Implementing Performance Standards,” which establish procedures for conducting a GHG impact analysis under the California Environmental Quality Act (CEQA).

RESOLUTION NO. 25-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO

ADOPTING THRESHOLDS OF SIGNIFICANCE FOR PURPOSES OF

GREENHOUSE GAS EMISSION IMPACTS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Planner Hirsch presented the staff report.

Michael Hendrix from Hendrix consulting presented a report and was available for questions.

Mayor Reyes opened public comment at 12:03 p.m.

Mayor Reyes closed public comment at 12:03 p.m.

MOTION: Moved by Council Member Meza, seconded by Council Member Evans to Adopt Resolution 25-03 Adopting Greenhouse Gas (GHG) Emission Thresholds of Significance and adopting the City of Adelanto's “Greenhouse Gas Emissions-Screening Tables Implementing Performance Standards,” which establish procedures for conducting a GHG impact analysis under the California Environmental Quality Act (CEQA).

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

K. NEW BUSINESS

1. Resolution 25-05 of the City Council of the City of Adelanto Authorizing the City Manager to apply for Prohousing Incentive Program Funds. - ITEM REMOVED FROM AGENDA RESOLUTION NO. 25-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO

AUTHORIZING APPLICATION FOR, AND RECEIPT OF, PROHOUSING INCENTIVE PROGRAM FUND.

ITEM WAS REMOVED FROM THE CONSENT CALENDAR.

2. Dissolution of the Special Tax for Facilities with respect to 34 single-family lots owned by DR Horton (‘DR Horton Lots”) within Improvement Area No. 2 and authorize the Mayor to sign the Agreement on behalf of City Council.
15 City Council Minutes
Regular Meeting
January 8, 2025
6 Finance Consultant Morales presented the staff report and explained that the CFD is no longer needed for this area and asked that the Council approve the agreement.

Discussion ensued between staff and the City Council.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to approve the agreement Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).

3. ORAL REPORT - SELECTION OF THE MAYOR PRO TEM. (JESSIE) RECOMMENDATION: Staff recommendations per the City Charter Article VI, Section 601 (C) 2, By the affirmative vote of not less than three (3) members, the City Council shall choose one of its members as Mayor Pro Tempore.

MOTION: Moved by Council Member Meza, seconded by Council Member Evans to nominate Mayor Pro Tem Ramos.

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

4. NOMINATION AND APPOINTMENT TO THE PLANNING COMMISSION BY MAYOR PRO TEM RAMOS.

RECOMMENDATION: Staff recommends that the City Council discuss and vote on each nomination for planning commission.

Mayor Pro Tem Ramos requested an extension to the next council meeting to give his nomination.

5. NOMINATION AND APPOINTMENT TO THE PLANNING COMMISSION BY COUNCIL

MEMBER STEVEVONNA EVANS
RECOMMENDATION: Staff recommends that the City Council discuss and vote on each nomination for planning commission.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos to nominate Jayshawn Johnson to the planning commission on behalf of Council Member Evans.

Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
16 City Council Minutes
Regular Meeting
January 8, 2025
7 6. CITY COUNCIL APPOINTMENTS TO VARIOUS COMMITTEES. (BRENDA) RECOMMENDATION: Staff recommends that the City Council make various appointments amongst themselves to the various committees.

The City Council discussed and assigned various members to the committees (see attached list) MOTION: Moved by Council Member Meza seconded by Mayor Pro Tem Ramos to confirm the delegates and the alternates to the above committees.

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

L. ITEMS REMOVED FROM THE CONSENT CALENDAR

Council Member Evans had questions for High Desert Second Chance and for staff.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to approve item #7 as presented.

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

M. FUTURE AGENDA ITEMS
Council Member Evans asked staff to investigate the community garden with the potential launch on Earth Day on April 22, 2025. City Manager Flores stated the reason it was placed on hold was because they were wanting volunteers or a 501C3 because they would need to have someone managing it like a full-time job.

Mayor Pro Tem Ramos wants to review applications for different things throughout the city to see if things need to be updated, terminated, etc.
17 City Council Minutes
Regular Meeting
January 8, 2025
8 Mayor Pro Tem Ramos wants to review the special events permit and agendize that.

MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Meza to review the special events permit and agendize that.

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

Mayor Reyes asked for a presentation by the Adelanto Heat to show what their organization is about and their vision for working in the city.

MOTION: Moved by Mayor Reyes, seconded by Mayor Pro Tem Ramos for a presentation by the Adelanto Heat to show what their organization is about and their vision for working in the city.

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

N. PUBLIC COMMUNICATIONS
None.

O. ADJOURNMENT
The next Regular Meeting of the City Council will be held January 22, 2025 at 11:00 a.m. Mayor Reyes adjourned the regular city council meeting at 12:55 p.m.

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

Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez,
City Clerk/Director of Governmental Services
18 CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: February 12,2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk
SUBJECT: MONTHLY COMMERCIAL & RESIDENTIAL SOLID WASTE AND

RECYCLING REPORT
STAFF RECOMMENDATION:

Receive and file.

ATTACHMENTS:

1. Burrtec’s Monthly Commercial and residential Solid Waste and Recycling Report 19 20
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| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: February 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk
SUBJECT: 4
th QUARTER COMMERCIAL & RESIDENTIAL SOLID WASTE AND

RECYCLING REPORT
STAFF RECOMMENDATION:

Receive and file.

ATTACHMENTS:

1. Burrtec’s Monthly 4th Quarter Commercial and residential Solid Waste and Recycling Report 46 47
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50 51
52 53
54 55
56 57
58 59
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CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: February 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Julio Morales, Finance Consultant
SUBJECT: CHANGE FUNDING ALLOCATION OF FIRE STATION PROJECT NO. 2021-13 STAFF RECOMMENDATION:

Staff recommends that the City Council approve the reallocation of funding for the Fire Station project no. 2021-13, moving $248,142 from the General Fund to the Fire Impact Fund (204) for fiscal year 2022-2023.

BACKGROUND:

On October 23, 2023, STK prepared an initial budget pf $1.1 million. The scale of the project was reduced. This project cost reflects the preliminary phase. A contract was awarded to KNC Construction for the renovation of Fire Station No. 322, located at 10370 Rancho Road. Staff is now requesting a change in the funding allocation from the General Fund to the Fire Impact Fund to better align with the project’s financial source.

FISCAL IMPACT:

This change will ensure the project is properly coded to the Fire Impact Fund rather than the General Fund, allowing for accurate accounting and alignment with the fund designated for fire-related improvements. Net Principal Impact of $248, 143 to the General Fund.

ATTACHMENTS:

None
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CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: February 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Kavouse Emami, P.E.

SUBJECT: AFFIRM ANNEXATION OF BELLFLOWER-TRACT 20675 INTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 1
STAFF RECOMMENDATION:

Staff recommends approving Resolution No.’s 25-09, 25-10, 25-11 and 25-12 to begin the process of annexing Tract 20675 into the existing Landscape Maintenance Assessment District No. 1 and Streetlight Maintenance Assessment District No. 1 (the “Districts”), in order to levy and collect assessments on the County tax rolls for Fiscal Year 2025/2026.

BACKGROUND:

The development of Tract 20675, also known as Bellflower, is anticipated to include the installation of twenty-seven (27) streetlights, four (4) up-lights on entry monument, 9,583 square feet of streetscape, including trees, ground cover, shrubs, and irrigation; 1,763 linear feet of perimeter masonry wall improvements; and 55,509 linear feet of sidewalk. Bellflower is conditioned to be annexed into the Districts to ensure a revenue source for ongoing operation, maintenance and servicing of said street lighting and public landscaping by City Staff.

Funds generated from the Districts are necessary to supplement revenue from property taxes. Revenue from the Districts will fund expenses incurred for Public Works material and labor for irrigation and landscaping maintenance, as well as energy and maintenance of the streetlights.

FISCAL IMPACT:

Accepting Resolution No.’s 25-09, 25-10, 25-11 and 25-12 will result in the maintenance and operation of public landscaping and lighting throughout Tract 20675 to be paid from assessments collected on the County tax bill.

ATTACHMENTS:

A. Resolution No. 25-09, Initiating Proceedings for the Annexation of Territory (Tract 20675) to Adelanto Landscape Maintenance Assessment District No. 1 and the Levy and Collection of Annual Assessments Related Thereto Commencing with Fiscal Year 2025/2026, Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code 112
B. Resolution No.25-10, Declaring the City’s Intention to Annex Territory Known as Tract 20675 to the Adelanto Landscape Maintenance Assessment District No. 1, and to Levy and Collect Annual Assessments Related Thereto Commencing Fiscal Year 2025/2026, Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code; and Calling for a Property Owner Protest Ballot Proceeding, to Submit to the Qualified Property Owners the Question of Levying Such Assessments for Said Annexation Territory Pursuant to the Provisions of the California Constitution, Article XIIID
C. Resolution No. 25-11, Initiating Proceedings for the Annexation of Territory (Tract 20675) to Adelanto Streetlight Maintenance Assessment District No. 1 and the Levy and Collection of Annual Assessments Related Thereto Commencing with Fiscal Year 2025/2026, Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code D. Resolution No. 25-12, Declaring the City’s Intention to Annex Territory Known as Tract 20675 to the Adelanto Streetlight Maintenance Assessment District No. 1 as Annexation 2024-033, Calling for a Property Owner Protest Ballot Proceeding on the Matter of a New Assessment, Pursuant to the Provisions of the California Constitution, Article XIIID, to Levy and Collect Annual Assessments Related Thereto Commencing Fiscal Year 2025/2026, Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code; and to Preliminarily Approve the Annexation Engineer’s Report
E. Landscape Maintenance Assessment District No. 1 Annexation Engineer’s Report F. Streetlight Maintenance Assessment District No. 1 Annexation Engineer’s Report 113
City of Adelanto
Landscape Maintenance
Assessment District No. 1
Engineer’s Report
Annexation of Territory and Establishment of
2024-033 (Tract 20675)
Fiscal Year 2024/2025
Intent Meeting: February 12, 2025
Public Hearing: April 23, 2025
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500
F 951.587.3510
www.willdan.com
114

ENGINEER'S ANNEXATION REPORT AFFIDAVIT
City of Adelanto
Landscape Maintenance Assessment District No. 1
Annexation of Territory and Improvements; and
Establishment of Annexation No. 2024-033 (Tract 20675)
Fiscal Year 2024/2025
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 2024/2025, 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, 2024-033 Annexation Territory known as Bellflower-Tract No. 20675 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 ______________, 2025.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Adelanto
By: ________________________________
Stacee Reynolds
Principal Consultant
By: ________________________________
Tyrone Peter
P. E. # C 81888
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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 2024/2025 .............. 9 PART II — METHOD OF APPORTIONMENT............................................................................................. 10 LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS .............................................................. 10 BENEFIT ANALYSIS ..................................................................................................................... 11 ASSESSMENT METHODOLOGY.................................................................................................. 12 PART III — ESTIMATE OF COSTS ............................................................................................................ 14 PROPOSED BUDGETS AND ASSESSMENTS ............................................................................ 14 PART IV — BOUNDARY DIAGRAM .......................................................................................................... 17 PART V — ASSESSMENT ROLL ............................................................................................................... 19 116
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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 Annexation 2024-033, 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 Annexation 2024-033 (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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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 Bellflower-Tract No. 20675. Bellflower-Tract No. 20675 is proposed to be developed into 103 residential units, plus one lettered lot for drainage, and will be identified as Annexation 2024-033. 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 (Bellflower-Tract No. 20675) into the Adelanto Landscape Maintenance Assessment District No. 1 and the proposed assessments to be levied on the properties therein commencing in Fiscal Year 2025/2026 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 2024-033, 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 12 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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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 2024-033, 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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The assessments as approved, may be levied and collected on the County tax rolls commencing in Fiscal Year 2025/2026 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 Annexation 2024- 033, 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 Annexation 2024-033 established herein in connection with the annexation of territory for Fiscal Year 2024/2025, 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 adjustment) 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. 120
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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 within “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 Annexation 2024-033 established in Fiscal Year 2024/2025 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 “Maximum 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 2025/2026 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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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, parkways 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’s Public Works Department shall authorize and schedule such maintenance and servicing, as needed, and based on available Zone funding.
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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 2024/2025, 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, and 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; and 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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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 is comprised of one hundred and sixteen (116) residential homes. Improvements in this area consist 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 is comprised of 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 is comprised of seventy-seven (77) parcels; comprised of 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.

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 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. 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.

Annexation 2024-032
Tract No. 20058 — generally located on the northeast corner of Victor Street and Verbena Road. The development will have thirty-eight (38) residential homes and one (1) detention basin, approximately 4,208 square feet designated as Lot A. Improvements in this area consist of 5,568 square feet of landscape which includes trees, ground cover, shrubs, and irrigation.
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ZONES AND IMPROVEMENTS ANNEXATION TERRITORY FISCAL YEAR 2024/2025 Annexation 2024-033
Tract 20675 — located east of Lilac Road, north of Cortez Avenue, south of Lawson Avenue, and west of Bellflower Street. The development will have one hundred and three (103) residential homes and one (1) basin area. Improvements in this area consist of approximately 9,583 square feet of streetscape, 1,763 lineal feet of perimeter masonry wall improvements and 55,509 linear feet of sidewalk. 125
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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 2024-033, 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. 126
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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 of 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 provides particular and distinct benefits to the properties 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 properties 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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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, established pursuant to the 1972 Act and the provisions of the California 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/Zone 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, Annexation 2023-031, Annexation 2024-032 and proposed Annexation 2024-033 is as follows:
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Fiscal Year 2024/2025

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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.

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 of 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. 129
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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 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 2024-033 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 2024/2025 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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Annexation Territory Budget Fiscal Year 2024/2025

BUDGET ITEM
Annexation
2024-033
(Tract 20675)
DIRECT COSTS (Labor/Materials)
Streetscape $4,542
Park $0
Graffiti Removal 6,045
Total Direct Costs $10,587

ADMINISTRATION
District Administration $1,369
County Administration Fee 31
Total Administration $1,400

TOTAL DIRECT COSTS & ADMINISTRATION
EXPENSES $11,987

LEVY ADJUSTMENTS
Reserve Fund Collection/(Contribution) $5,293
Repair/Rehab and Capital Improvement Collection $4,404
Revenue from Other Sources (Contribution) 0
General Fund Collection/(Contribution) 0
Total Levy Adjustments $9,698

BALANCE TO LEVY $21,685
Total EDUs at Build-Out 103.00
Total Parcels at Build-Out 104
Fiscal Year 2024/2025 Rate per EDU $210.54
Fiscal Year 2024/2025 Maximum Rate per EDU $210.54
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Fiscal Year 2024/2025

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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 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 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 2024/2025 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 2024-033 commencing in Fiscal Year 2025/2026 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application. The updated budget and Zone information will be included in the Fiscal Year 2025/2026 annual Engineer’s Report. 132
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Part IV — Boundary Diagram
The Fiscal Year 2024/2025 District Diagram below shows the boundaries of the Adelanto Landscape Maintenance Assessment District No 1. A separate diagram for the proposed Annexation Territory 2024-033 is shown on the following page.
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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 2024/2025.

Assessor's
Parcel Number Owner EBU
Maximum
Assessment
Rate
Maximum
Assessment
0459-124-36 META CAPITAL MANAGEMENT LLC 51.51 $210.54 $10,845.15 0459-124-37 META CAPITAL MANAGEMENT LLC 51.49 $210.54 $10,840.11 Totals 103.00 $21,685.27
Parcel Count 104
Note: Budget on page 15 is rounded to the nearest dollar. 135
RESOLUTION NO. 25-11

INITIATING PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY (TRACT 20675) TO ADELANTO STREETLIGHT
MAINTENANCE ASSESSMENT DISTRICT NO. 1 AND THE LEVY

AND COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO COMMENCING WITH FISCAL YEAR 2025/2026,
PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
WHEREAS, the City Council through previous resolutions has established and levied annual assessments for the Adelanto Streetlight Maintenance Assessment District No. 1 (hereinafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”) that provides for the collection of special benefit assessments by the County of San Bernardino on behalf of the City of Adelanto to pay the maintenance and services of improvements and facilities related thereto, and
WHEREAS, the City Council desires to initiate proceedings for the annexation of territory identified as Annexation 2024-033 (Tract 20675) located east of Lilac Road, north of Cortez Avenue, south of Lawson Avenue, and west of Bellflower Street (hereafter referred to as “Annexation Territory”), to the District pursuant to Chapter 2, Article 2 of the Act; and the establishment of the proposed maximum annual assessment related thereto; and the levy and collection of annual assessments against lots and parcels of land within the Annexation Territory commencing in Fiscal Year 2025/2026 for the streetlight improvements and services that will provide special benefits to the properties within the Annexation Territory pursuant to Chapter 4, Article 2 of the Act and the California Constitution Article XIIID, and WHEREAS, the City Council has retained Willdan as the Assessment Engineer of Work, for the purpose of assisting with the annexation of the territory to the District, the establishment of annual assessments, and to prepare and file an Engineer’s Report with the City Clerk in accordance with the Act.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF ADELANTO, AS FOLLOWS:

Recitals: The above recitals are true and correct.
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February 12, 2025

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Section 1. Engineer’s Report: The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk an Engineer’s Report concerning the annexation of territory to the District; the improvements and services connected therewith and the proposed levy of annual assessments beginning in the Fiscal Year July 1, 2025, and ending June 30, 2026, in accordance with Chapter 3, Section 22623 of the Act. Said Engineer’s Report shall contain a description of the improvements and services, an estimate of the costs financed by the levy of the assessments, the properties benefiting from the improvements and the method of apportioning the assessments connected with the annexation of said territory to the District.

Section 2. Proposed Improvements: The proposed improvements and services for the Annexation Territory may include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to lighting improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The Engineer’s Report prepared in connection with the Annexation Territory shall provide a more detailed description of the improvements and services to be provided and for which properties are to be assessed.

Section 3. Annexation Territory: The City Council hereby finds that proposed territory within the Annexation Territory consists of all lots, parcels and subdivisions of land within the planned one hundred and three (103) residential homes and one (1) lot for a basin area known as “Tract 20675” located east of Lilac Road, north of Cortez Avenue, south of Lawson Avenue, and west of Bellflower Street, and that this Annexation Territory includes all properties that receive special benefits from the improvements to be provided.

Section 4. Assessments: The City Council hereby determines that in order to provide the improvements described in Section 2 of this resolution and to be detailed in the Engineer’s Report, it is necessary to levy and collect assessments against the lots and/or parcels within the Annexation Territory commencing in Fiscal Year 2025/2026 and said assessments shall be outlined and described in the annexation and annual Engineer’s Reports and imposed pursuant to the provisions of the Act and the California Constitution Article XIIID. 137
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PASSED, APPROVED AND ADOPTED this 12th day of February 2025. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
138
RESOLUTION NO. 25-12
DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY
KNOWN AS TRACT 20675 TO THE ADELANTO STREETLIGHT
MAINTENANCE ASSESSMENT DISTRICT NO. 1 AS
ANNEXATION 2024-033, CALLING FOR A PROPERTY OWNER

PROTEST BALLOT PROCEEDING ON THE MATTER OF A NEW

ASSESSMENT, PURSUANT TO THE PROVISIONS OF THE

CALIFORNIA CONSTITUTION, ARTICLE XIIID, TO LEVY AND

COLLECT ANNUAL ASSESSMENTS RELATED THERETO
COMMENCING FISCAL YEAR 2025/2026, PURSUANT TO THE
PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE; AND TO PRELIMINARILY
APPROVE THE ANNEXATION ENGINEER’S REPORT
WHEREAS, the City Council, pursuant to 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”), did by previous Resolution, initiate proceedings for the annexation of territory known as Tract 20675 located east of Lilac Road, north of Cortez Avenue, south of Lawson Avenue, and west of Bellflower Street (hereafter referred to as “Annexation Territory”) to the Adelanto Streetlight Maintenance Assessment District No. 1 (hereinafter referred to as the “District”) and the levy and collection of assessments against lots and parcels within said Annexation Territory commencing in Fiscal Year 2025/2026, and WHEREAS, the City Council desires to annex the territory of land comprising the Annexation Territory to the District; and to establish such territory as Annexation 2024-033 (Tract 20675) within said District; and to levy and collect new assessments against lots and parcels of land within the Annexation Territory to pay the cost and expenses related to the special benefits received from the maintenance and operation of the lighting improvements connected therewith; and
WHEREAS, the Assessment Engineer of Work has prepared and filed an Engineer’s Report in connection with the Annexation Territory and the levy of annual assessments connected therewith commencing in Fiscal Year 2025/2026 (beginning July 1, 2025, and ending June 30, 2026) with the City Clerk pursuant to Section 22623 of the Act, and said report has been presented to the City Council, and is incorporated herein by reference, and

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF ADELANTO, AS FOLLOWS:
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Recitals: The above recitals are true and correct.

Section 1. Engineer’s Report, Content: The Engineer’s Report as presented, consists of the following sections. The Plans and Specifications which describe the boundaries of the Annexation Territory (Tract 20675) and the improvements associated therewith that provide special benefits to the parcels therein. The Method of Apportionment that details the method of calculating proportional special benefit and the annual assessment obligation for each affected parcel. The Estimate of Costs including the calculation of the assessments and the estimated annual funding (“Budget”) required for the annual maintenance, servicing, and operation of lighting improvements and specifically the costs associated with the improvements determined to be of special benefit to parcels within the Annexation Territory establishing the proposed maximum assessment for Fiscal Year 2024/2025. The Assessment Range Formula (“Annual Inflationary Adjustment”) to be applied to the proposed Maximum Assessment per Equivalent Dwelling Unit established in Fiscal Year 2024/2025 is applicable in subsequent fiscal years. The proposed Maximum Assessments including the Assessment Range Formula shall be presented to the property owner(s) of record in a protest ballot proceeding pursuant to the California Constitution Article XIIID. The Boundary Diagram outlining the boundaries of the Annexation Territory. The Assessment Roll containing the maximum assessments and proposed assessments for each Assessor Parcel Number within the Annexation Territory.

Section 2. Engineer’s Report, Approval: The Engineer’s Report is hereby approved on a preliminary basis as submitted or amended by direction of this City Council and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Section 3. Intention: The City Council hereby declares its intention to annex the territory known as Tract 20675 to the Adelanto Streetlight Maintenance Assessment District No. 1 pursuant to Chapter 2, Article 2 of the Act, and to levy and collect annual assessments against parcels of land within the Annexation Territory commencing with Fiscal Year 2025/2026 in accordance with the Act and the provisions of the California Constitution Article XIIID. The territory being annexed to the District as part of these proceedings shall subsequently be designated as Annexation 2024- 033 of the Adelanto Streetlight Maintenance Assessment District No. 1. 140
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Section 4. Annexation Territory: The City Council hereby finds that proposed territory within the Annexation Territory consists of all lots, parcels and subdivisions of land within the planned one hundred and three (103) residential homes and one (1) lot for a basin area known as the “Tract 20675” located east of Lilac Road, north of Cortez Avenue, south of Lawson Avenue, and west of Bellflower Street consisting of San Bernardino County Assessor’s Parcel Numbers 0459-124-36- 0000 and 0459-124-37-0000 and that this Annexation Territory includes all properties that receive special benefits from the improvements to be provided at the time of the Annexation Engineer’s Report.

Section 5. Improvements: The proposed improvements and services for the Annexation Territory, include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to lighting improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The Engineer’s Report prepared in connection with the Annexation Territory provides a more detailed description of the improvements and services to be provided and for which properties shall be assessed and by reference that Engineer’s Report is made part of this Resolution.

Section 6. Assessments: The City Council hereby determines that to provide the improvements described in Section 5 of this resolution, it is necessary to levy and collect assessments against lots and parcels within the Annexation Territory commencing in Fiscal Year 2025/2026. The Engineer’s Report referred to in Section 2 of this resolution establishes the proposed maximum assessment for Fiscal Year 2024/2025 including an inflationary adjustment to the maximum assessment rate to be applied in Fiscal Year 2025/2026; and an estimate of assessment necessary to provide for the annual operation, administration, services and maintenance of the improvements for Fiscal Year 2024/2025.

Section 7. Compliance with the Constitution: Pursuant to California Constitution Article XIIID, a property owner protest ballot proceeding is hereby called on the matter of confirming the proposed new assessments for the Annexation Territory. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and each property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing for this matter.
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While provisions of the California Constitution Article XIIID require that the City conduct a Public Hearing not less than forty-five (45) days after mailing a notice of the proposed assessment to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed, California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and the forty-five (45) day mailed ballot period before the scheduled Public Hearing is not established for a public reason, but is solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed.

Section 8. Mailed Notice and Ballot: The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing; and in the same or separate mailing, mail the property owner protest ballot(s) to the subject property owner regarding the proposed levy of assessments and the assessment range formula outlined in the Engineer’s Report, for return receipt prior to the date and time of the Public Hearing set forth in this resolution.

Section 9. Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing concerning the Annexation Territory, the improvements, and the levy of assessments and in accordance with Section 22624 (e) and 22625 of the Act, notice is hereby given that on Wednesday, April 23, 2025 at 11:00 A.M., the City Council will hold a Public Hearing for the Annexation Territory and the levy and collection of assessments related thereto commencing in Fiscal Year 2025/2026, or as soon thereafter as feasible. The Public Hearing will be held in the City Council Chambers, located in Adelanto, California, at the time so fixed. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Section 10. Determination of Majority Protest: The property owner protest ballot proceeding conducted for the Annexation Territory shall constitute the property owner’s approval or rejection of the annual levy of assessments and assessment range formula. The property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on Wednesday, April 23, 2025. After the close of the Public Hearing, pursuant to Section 4, Sub-Section 4 (e) of the California Constitution, the City shall tabulate the ballots returned to determine if majority protest exits. The ballots shall be weighted according to the proportional financial obligation of the affected property. 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.
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Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection, and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Section 11: Notice: The City Clerk is hereby authorized and directed to give notice of such Public Hearing as provided by law.

PASSED, APPROVED AND ADOPTED this 12th day of February 2025. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
143
City of Adelanto
Streetlight Maintenance
Assessment District No. 1
Engineer’s Report
Annexation of Territory and Establishment of
2024-033 (Tract 20675)
Fiscal Year 2024/2025
Intent Meeting: February 12, 2025
Public Hearing: April 23, 2025 27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500
F 951.587.3510
www.willdan.com
144

ENGINEER'S ANNEXATION REPORT AFFIDAVIT
City of Adelanto
Adelanto Streetlight Maintenance Assessment District No. 1 Annexation of Territory and Improvements; and
Establishment of Annexation No. 2024-033 (Tract 20675)
Fiscal Year 2024/2025
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 Adelanto Streetlight Maintenance Assessment District No. 1 for Fiscal Year 2024/2025, including the annexation of territory to the District; and the proposed new annual assessment for all parcels within Annexation No. 2024-033 (Bellflower-Tract 20675) 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 Annexation No. 2024-033 known as Bellflower-Tract 20675, 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 ______________, 2025.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Adelanto
By: ________________________________
Stacee Reynolds
Principal Consultant
By: ________________________________
Tyrone Peter
P. E. # C 81888
145
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 PART II — METHOD OF APPORTIONMENT .................................................................................... 6 LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS ................................................................ 6 SPECIAL BENEFITS ................................................................................................................. 6 GENERAL BENEFIT .................................................................................................................. 7 ASSESSMENT METHODOLOGY ................................................................................................ 7 PART III — ESTIMATE OF COSTS................................................................................................ 12 ASSESSMENT RANGE FORMULA ........................................................................................... 13 PART IV — BOUNDARY DIAGRAM .............................................................................................. 14 PART V — ASSESSMENT ROLL .................................................................................................. 16

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Introduction
Pursuant to the provisions of the Landscaping 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 Chapter 1, Article 4, 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 20675 consisting of 17.222 acres of land to be subdivided into one hundred and three (103) residential homes and one (1) basin area.

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:
 Tract 20675 located east of Lilac Road, north of Cortez Avenue, south of Lawson Avenue, and west of Bellflower Street. This development located on Assessor Parcels 0459-124-36-0000 and 0459-124-37- 0000 will develop out to one hundred and three (103) residential homes and one (1) basin area located on Lot A.

This annexation territory is proposed to be annexed into the District in Fiscal Year 2024/2025 and levied assessments commencing in Fiscal Year 2025/2026, and shall be known as:

Annexation 2024-033 for the Adelanto Streetlight Maintenance Assessment District No. 1 (hereafter referred to “Annexation 2024-033”). The properties associated with and identified herein as Annexation 2024-033 are shown on the Assessment Diagrams incorporated herein as Part IV of this Report. 147
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Fiscal Year 2024/2025

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REPORT CONTENT
This Report has been prepared in connection with the annexation of parcels into the District for Fiscal Year 2024/2025, designated as Annexation 2024-033, pursuant to a resolution of the City Council and consists of the following five (5) parts.

Part I – Plans and Specifications
Contains a description of the improvements to be maintained or serviced throughout 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 Costs
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 – Boundary 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 2024-033. The lines and dimensions of each lot, parcel, and subdivision of land within Annexation 2024-033 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 2024-033.

Part V – Assessment Roll
Identifies the maximum assessment to be levied on each benefited lot or parcel of land within Annexation 2024-033.

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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Part I — Plans and Specifications
IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to the District, the 1972 Act defines “improvement” 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 improvement otherwise authorized pursuant to this section.

The 1972 Act defines “incidental expenses” to include all of the following:
 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 proceedings.  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.  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 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 street lighting, 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. 149
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As of Fiscal Year 2024/2025, the District was comprised of the following Zones and developments.

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 2019-027
• 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 150
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Fiscal Year 2024/2025

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Annexation 2021-028
• Tract 20133 (Stone Briar IV) — 14 Streetlights
o 14 – 5,000 lumens (100 watt) H.P.S. lamps on concrete poles Annexation 2023-029
• Tract 20504 (Adelanto Pointe) — 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
• Tract 20401 (Seneca Pointe III) — 31 Streetlights (28 internal and 3 perimeter) Note: Lumens to be identified in Annual Engineer’s Report Annexation 2023-031
• Tract 20507 (Adelanto Villa) — 25 Streetlights (13 internal and 11 perimeter) Note: Lumens to be identified in Annual Engineer’s Report Annexation 2024-032
• Tract 20507 — 12 Streetlights
o 7 – 9,500 lumens H.P.S.V. lamps on concrete poles
o 5 – 22,000 lumens H.P.S.V. lamps on concrete poles
PROPOSED ZONE AND IMPROVEMENTS – ANNEXATION TERRITORY FISCAL YEAR 2024/2025 Annexation 2024-033
• Tract 20675 — 27 Streetlights and Entry Monument Lighting o 27 – 9,500 lumens H.P.S.V. lamps on concrete poles (15 internal and 12 perimeter) o 4 up-lights on entry monument
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Part II — Method of Apportionment

LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS
The costs of the proposed improvements have been identified and allocated to properties within Annexation 2024-033 based on proportional special benefit with the Assessor Parcel Numbers (APNs) currently in the District, consistent with the provisions of the 1972 Act and the assessment provisions of Proposition 218 (being 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 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 2024-033, and the streetlight improvements are fairly apportioned among the parcels in the District.

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

SPECIAL BENEFITS
In the District, the streetlight and/or traffic signal improvements were installed by the developers/owners, sub dividers of the land. 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 been 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. 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. Table 1 includes a definition of the land uses that 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 accrue 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 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. 155
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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 by 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 “Availability Benefit” 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 assigned 0.00 EDU. 156
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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 do 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. 157
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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 2024-033 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 2024-033 are identified below.

BUDGET ITEM
Annexation
2024-033
(Tract 20675)
DIRECT COSTS (Labor/Materials)
Labor/Material $3,167
Streetlight Maintenance/Energy 5,515
Total Direct Costs $8,682

ADMINISTRATION
District Administration $709
County Administration Fee 31
Total Administration $740

TOTAL DIRECT COSTS & ADMINISTRATION
EXPENSES $9,422

LEVY ADJUSTMENTS
Reserve Fund Collection/(Contribution) $2,170
Revenue from Other Sources (Contribution) 0
General Benefit Perimeter Lights -991
General Fund Collection/(Contribution) 0
Total Levy Adjustments $1,179

BALANCE TO LEVY $10,601
Total Parcels at Build-Out 104
Total EDUs at Build-Out 103.00
Total Parcels Levied 103
Fiscal Year 2024/2025 Rate per EDU $102.92
Fiscal Year 2024/2025 Maximum Rate per EDU $102.92
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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 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 the 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 2024-033 commencing in Fiscal Year 2025/2026 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application. The updated budget and Zone information will be included in the Fiscal Year 2025/2026 annual Engineer’s Report. 159
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Part IV — Boundary 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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Part V — Assessment Roll
Parcel identification for each lot or parcel within Annexation 2024-033 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 parcels of land within the District and the corresponding maximum assessment.

Assessor's
Parcel Number Owner EBU
Maximum
Assessment
Rate
Maximum
Assessment
0459-124-36 META CAPITAL MANAGEMENT LLC 51.51 $102.92 $5,301.61 0459-124-37 META CAPITAL MANAGEMENT LLC 51.49 $102.92 $5,299.15 Totals 103.00 $10,600.76
Parcel Count 104
Note: Budget on page 12 is rounded to the nearest dollar. 162

CITY COUNCIL AGENDA REPORT
DATE: February 12, 2025
TO: Honorable Mayor and City Council Member
FROM: Jessie Flores, City Manager
BY: Richard Burgess, Engineering Services Manager
SUBJECT: RECOMMEND AWARD OF AMENDED CONTRACT FOR AS NEEDED

ENGINEERING SUPPORT SERVICES
STAFF RECOMMENDATION:

Staff recommends City Council award the As-Needed Engineering Support Services amended contract to KEC Engineers, Inc. in the amount of $ 875,000.

BACKGROUND:

The City of Adelanto recognizes the imperative need for engineering and consulting services to address the burgeoning requirements of its evolving industrial, commercial, and residential landscape. With successful growth experienced and anticipated in the coming years, the City is proactively seeking a professional engineering and consulting firm to provide essential support services. The consultant, directed by the City Manager, will provide comprehensive City Engineering Services, covering public works, water, sewer, and more. Responsibilities include project management, regulatory compliance, public engagement, and staff support.

KEC Engineers, Inc., brings over 40 years of extensive experience in government projects, specializing in water and sewer systems. The firm has previously served in a key role managing infrastructure projects, demonstrating a wealth of expertise that aligns with the diverse engineering needs of the City. KEC Engineers, Inc. has a proven track record and a comprehensive understanding of municipal engineering, making them a valuable partner for the City's continued growth anddevelopment.

FISCAL IMPACT:

Please refer to Attachment A. (Not to exceed $875,000.00) ATTACHMENTS:

A. KEC Staff Time Allocation
B. Professional Services Amended Contract
C. Original Contract
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CITY OF ADELANTO/

ADELANTO PUBLIC UTILITY AUTHORITY
AMENDMENT NO. # 1 TO AGREEMENT WITH KEC ENGINEERS
City Engineering Support Services
(March 1, 2025 to March 1, 2026)
This is Amendment No. 1 (“Amendment No. 1”) to that certain City Engineering Support Services (“Agreement”) made on March,1, 2024 between the City of Adelanto (“City”) and KEC Engineers Inc. (“Consultant”). Because some of the services provided have been and are for the Adelanto Public Utility Authority (“APUA”), the APUA is being added as a party to the Agreement. As applicable, City and APUA are referred to herein collectively as “City”. This Amendment No. 1 is made and entered into on March 1, 2025, to extend the Agreement for one (1) year to March 1, 2026:

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

2. SECTION 1.1 “Term of Services” is amended to read as follows:

Term of Services. The term of this Agreement shall begin on March I, 2025, and shall and on March 1, 2026, 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 shalt not affect City’s right to terminate this Agreement. as provided for in Section 8.

3. SECTION 2. “Compensation” is amended to read as follows:

For work performed during the time period from March 1, 2025 to March 1, 2026, City and APUA hereby agrees to pay KEC Engineers Inc. a sum not to exceed $875,000 (EIGHT HUNDREND AND SEVENTY-FIVE THOUSAND WITH ZERO CENTS) notwithstanding any contrary indications that may be contained in KEC Engineers Inc.’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 KEC Engineers Inc. for the Services rendered pursuant to this Agreement at the time and in the manner 164
1AMENDMENT NO. [1]
set forth herein. The payments specified below shall be the only payments from City to KEC Engineers Inc. for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, KEC Engineers Inc. shall not bill City for duplicate services performed by more than one person.

4. Exhibit A “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The attached supplement includes the KEC Staff Time Allocation between the City and the APUA and the hourly rates per classification for work performed pursuant to this Amendment No. 1. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

EXHIBIT A

SCOPE OF SERVICES
Contractor shall provide City Engineering Support Services in the amount not to exceed $875,000 (EIGHT HUNDREND AND SEVENTY-FIVE THOUSAND DOLLARS WITH ZERO CENTS) as further detailed in the following page(s).

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

6. 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. (Signatures on Following Page)
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1AMENDMENT NO. [1]
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF ADELANTO
Jessie Flores, City Manager
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

ADELANTO PUBLIC UTILITY

AUTHORITY
Jessie Flores, General Manager
Attest:

Brenda Lopez, Secretary
Approved as to Form:

Todd Litfin, General Counsel

CONSULTANT
Kavous Emami
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KEC Staff Time Allocation
General Fund: Permitting, Addressing, Camino (Backend and Administration), Plan Check Processing, Public Records Request, Front Counter Services, ArcGIS, Updating Outdated Forms and Applications, Developer Meetings, Customer Support, Data Inputting.

Engineering Services: Plan Checking (Grough Grading, Precise Grading, Water, Sewer, Storm Drain, Dedications, Vacations, Surveying, Streets, Lot Split, Tentative Tract Map, Tentative Map, Final Tract Map, Final Map), Capital Improvements (Budgeting, Project Planning, Construction Oversight), City Wide Infrastructure Improvement Planning, Compliance and Regulations, Budget Management, Public Engagement, Transportation Engineering, Water Engineering, Waste Water Engineering, Storm Water Management, Land Development Engineering. *The design of City’s CIP projects or construction inspection services nor any private developer construction inspection services are not included.

Grants: Caltrans, CA State Parks, SBTCA, FHWA, State Assembly, State Congress, CALOES, SCAG, Bureau of Reclamation, US Dept. of Transportation, HSIP.

Current CIP Projects:
• Adelanto Water Main
• Adelanto WWTP Optimization
• Auburn Sewer
• Denise and Kay Street
• Water Master Plan
• Sewer Master Plan
• City Wide Drainage Master Plan
• Well Study
• Pearmain Sewer
• ArcGIS
• Adelanto WWTP Optimization
Staff General
Fund
APUA
(Sewer/Water)
Grant
Funded
Kavous Emami (Principal in Charge) 100%
Joe Indrawan (Assistant Principal) 100%
Alejandro Carmona (Engineering Tech.) 100%
Richard Burgess (Development Services
Manager/ Engineering Manager)
35% 50% 15%
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KEC Staff Time Allocation

FEE PROPOSAL FOR CITY ENGINEERING SUPPORT SERVICES

CLASSIFICATION
2025/2026 HOURLY RATE
Principal in Charge $200.00
Assistant Principal $150.00
Civil Engineering/ Traffic
Engineering
Plan Check Engineer $140.00
Engineering Technician $114.00
Assistant Engineer $125.00
Public Works Inspector $120.00
Development Services Manager/Engineering Manager $120.00 CAD Designer $120.00
CAD Technician $110.00
Principal Traffic Engineer $190.00
Traffic Engineer $160.00
Surveying
Project Manager $175.00
Survey Analyst $150.00
Survey Crew (2-man) $280.00
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CITY OF ADELANTO

PROFESSIONAL SERVICES AGREEMENT
«City Engineering Support Services»
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 14 day of February, 2024 (“Effective Date”) by and between the CITY OF ADELAN’I‘O, a California municipal corporation, (“City”) and Kavous Emami, a California Corporation (“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 conditiens 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 “Sewiees”). Censuttant wit} perform subsequent task orders as requested by the Contract Administrator (as defined beiow}, 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 shat} begin on March I, 2024 and shall and on March 1, 2025 unless the term of this Agreement is otherwise terminated or extended as prdvided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shalt not affect City’s right to terminate this Agreement. as provided for in Section 8.

1.2 fitandgrd 0t Betfegmggee. Consultant represents and warrants that Consultant is a provider of” first 01355 work and services and Consultant is experienced in performing the Services contemplated herein and‘ in light of such status and experience, Consultant shalt 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 Qt” Personnet. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sote discretion, at any time during the term ofthis Agreement, desires the reassignment of any such persons, Consultant shalt. 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. CONH’ENSATION.

City hereby agrees to pay Consultant a sum not to exceed SIX HUNDRED AND FORTY TWO THOUSAND AND SEVEN HUNDRED TWENTY DOLLARS ($642,720) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incun‘ed 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 fi'om 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 briefdescription 0f 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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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 these 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 bolicies 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 ofthe required insurance shall be submitted and made pan 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‘ Commasation. 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 ($1 300,000.00) 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 ofthe 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, ifinsurance is provided, or Consultant, ifa program ofself— insurance 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 Liabilitv Insurance. a. General reguirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liabiiity insurance for the term ofthis Agreement in an amount not less than ONE MILLION DOLLARS ($1,000‘00000) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement. TWO MILLION DOLLARS ($2,000,000.00) generai aggregate, and TWO MILLION DOLLARS ($2,000,000.00) productsz‘compteted operations aggregate. [f 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 shah 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 fem CG 0001. Automobile coverage shall be at least as bread as Insurance Services Office Automobile Liability form CA 000] Code 2, 8, and 9. N0 endorsement shall be attached limiting the coverage. c. Additional Reguitcments. 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 ofConsultant to comply with reporting provisions ofthe policy shall not affect coverage provided to_City and its officers, employees, agents, and volunteers.

4.3 Professional Liabilitv insurance.
a. General Reguirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional iiability 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 0r self-insured retention shall be shown on the Certificate. If the deductibte or self—insuted retention exceeds TWENTY-FIVE THOUSANC) DOLLARS ($25,000), it must be approved in writing by City.
b. W.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 completionof 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 ofthe following: (1) renewal ofthe 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 ofthe 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 Reguiremems.
a. Accegtabiiitv of” Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating ofno less than A:V1I 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: « City Engineering Support Services». The name and address for additional insured endorsements, certificates of insurance and notiee 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.

0. Notice of Reduction in or Canceiiation of Coverave. 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 ofany ofthe required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any Of said policies of insurance are canceiled, 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 ovaonsultant; 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 23123026150000!
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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 nen-conttibutery basis with respect to any insurance or self-insuranee program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination 0fthis Agreement or completion 0fthe 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 seif-insuted retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related'investigatiens, claim administrations and defense expenses that is satisfactory in all respects to each ofthem.
f: Subcontractors. Consultant shall ineiude 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 detemtinatiett that the coverage, scope, limits, and forms of such insurance are either not eemmetciaily 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 Censuitant fails to previde or maintain any insurance policies or policy endorsements t0 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 net the exetusive 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 Censuitant 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 Préf’essional 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 connsel 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 Desivn ?ref‘essionais. 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 ifConsultant 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 ofCity’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. 35 135026504101}!
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The personnel petfonning 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, obligationt 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 perfenniag the Setyices 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 Governino Law. The laws of the State of California shall govern this Agreement. .__...——-13—--——

7.2 Compliance with Analicahle Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the perfomance 0f 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 tegally 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 et‘t‘ectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Prevailing Wages. Consultant acknewledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and ef’feetuating compliance with such laws, including, but not limited to the prevailing wage and teiated requirements set forth in this Subsection 13‘ Consultant shall bear all risks of payment or non-payment of prevailing wages under California law aadfot the implementation of Labor Code Section USE, as the same may be amended from time to time, and/or any other similar law. a. Bahlle Weds. 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 l?20 0f the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation ofthe Seryiees~ including. without limitation any public work (as defined by appiieable law), if any, Consultant shall bear all risks of payment or nonpayment of state andf’et federal prevailing wages andfor the implementation of Labor Code Sections I?26 and 13381, as the same may be enacted. adopted or amended from time to time anchor 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. 2512:”0361504NU l
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d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is sebject to compliance monitoring and enforcement by the Department of Industrial Reiations. -
e. indemnification Related to Prevailing Wastes. Section 5, Indemnificatioat specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant 01” any party performing the Services of any applicable local. state. anther federal law. including. without limitation‘ any applicable federal andt’or state iabor laws (including, without limitation. the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1'381, as the same may be amended from time to time. or any other similar law; audio: (iii) failure by Consultant or any party eerfoming the Services to provide any required disclosure or identification‘as required by Labor Code Section RS 1. as the same may be amended from time to time, andfe; any other similar law. ?.4 Licenses and Permits. Fees and Assessments. Consultant represents. wartaatst and covenants to City that Consultant and its employees, agents, and any subcontractors hate all licenses, permits. qualifications, and approvals of whatsoever nature that are legaiiy required to practice their respective professions, and perform the Services. Consultant represents, warrants. and covenants to City that Consuitant and its employees. agents. and subcontractors shall. at their sole cost and expense, keep in effect at all times during the term 0t~ this Agreement any licenses, permits, and approyais that are legatly required to practice their respective professions, and parietal 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 aoie ohiigation 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 ofiieerst employees or agents oi’City, against any such fees. assessments, taxest penalties 01‘ interest levied, assessed? or imposed against City hereunder.

7.5 Conflicts of interest- Political Reform Act. Consultant reptehents. warranta and covenants that Consultant presently has no interestt direct or indirect. which would interfere with 01' impair in any manner or degree the performance of Consuitant‘s ohiigatioas and responsibilities under this Agreemeatt Censuitant further agrees that while this Agreement is in effect. Consultant shall not acquire or otherwise obtain any interest direct or indirect~ that woaid interfere with or impair in any manner or degree the performance of Consultant‘s obiigatiens and responsibilities under this Agreement. Consuitant acknewiedges that pursuant to the provisions of the Poiitical Reform Act {Government Code Section 8? 100 et seq), City may determine the Coasuitant to be a "consultant” as that term is defined by 2 Caiifomia Code of Regulations Section 18300.3. 1n the event City makes such a determination. Consultant agrees to complete and fiie a “Statement of Economic Interest" with the City Clerk to diseiose 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.
?.6 Annual Aanreeriation of Funding. in accord with Article 16 Section i8 of the California Constitutioat payment efcompeasatien under this Agreement is contingent upon annual apprOpriation of funds by City for that purpose. Consultant acknowledges and agrees that to the 2512:’826130Ai}00l
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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 ochmlination. 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 wi‘iting 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 ofthe 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 W. 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. 25120261590001 1952142? 1302337523 -12-
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8.8 Options upon Breach by Consultant. If Consultant materialty 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;

0. Retain a different consultant to complete the Services described in Exhibit A; and/or
("1. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time ofbreach and the amount that City woukd 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, modets, charts, studies, surveys? photographs, memoraadat 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 eoyered hereunder shah be the property ofCity. 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 ot’sueh documents for other profiets by City shail be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are eonfidential and wiil not be released to third parties without prior written consent of both Patties 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 ot’ lateilectual Property. This Agreement creates a nonexclusive and perpetuai license for City to copy, use, modify, reuse, or suhlicense any and all copyrights, designs, rights of reproduction. and other intellectual property embodied in plans. specifications, studies, drawingst 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 digitailyx magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data"). Consuitant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Doeomehts and Data the subcontractor prepares under this Agreement Consuttant 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 ofthe 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 ordocuments 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 Attornexs‘ 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 attomeys’ 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 Yenue. 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 Severabilitv. 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 Subheadimzs. 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 Imgiied Waiver of Breach. Waiver by' any Party to this Agreement of any term, condition, or covenant ofthis 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 2512:1326 150-0001
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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 ofthis Agreement shall inure to the benefit of and shell appty to and bind the successors and assigns of the Parties.

10.7 Consultant Regresentative. A11 matters under this Agreement shall be handled fer Consultant by <<Consu1tant_Contact» (“Consultant’s Representative”). The Consultant’s Representative shail have full authority to represent and act on behalfofConsultent for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services. using his best skill and attention, and shall he responsib1e for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portiens of the Services under this Agreement.
{0.8 City Contract Administration. This Agreement shall be administered by a City employee, «Staff‘Contact», «StaffMTitte» (“Contract Administrator”). A11 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. Uniees otherwise provided in this Agreement, Consuitant shah 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:

KEC Engineers, Inc
Attn: Kavous Emami
13201 9th Street
Chino, California 91710
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Brenda Lopez, City Clerk
with a copy to:

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

10.10 Professional Sea}. Where appiieabie in the detemination of the Contract Administrator, the first page of a teehnicai report‘ first page ofdesign specifications, and each page of construction drawings shall be stampedfsealed and signed by the Eieehsed professional responsible for the repertfdesign preparation. The stampfseal shall he in a block entitled “Seat and Signature of Registered Professional with reports‘design responsibility," as in the fouowing example.
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Seal and Signature of Registered Professional with
reportfdesign 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 Countemans. 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 ofContract. 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 ESQndiscriminatign. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance ofthis 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 Nonliabilit‘; ofCitv Officers and Emoloyees. 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 N9 15135113; Iafltagngefi 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 25129361503001
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Consultant, in cbnnection With the award ofthis Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to Citv Emplovees. No mmnber~ officer, or employee ot‘City. or their designees or agents. and no pubkic official who exercises authority over or has responsibilities with respect; to this Agreement during hiss‘her tenure or for one (1) year thereafter, shah 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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CONTENT

Cover Letter
Executive Summary
Approach to Scope of Work
Consultant Team
Sub—consultants
Consultant References
Sub—Consulta nts References
Addendum No. 1
E'ECHNECAL ?RGPUSAL
TA&‘LE OF CQNTENTS
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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: February 12, 2025
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Richard Burgess, Engineering Services Manager
SUBJECT: RECOMMEND AWARD OF CONTRACT AS NEEDED ENGINEERING SUPPORT

SERVICES
STAFF RECOMMENDATION:

Staff recommends City Council award the As-Needed Engineering Support Services amended contract to KEC Engineers, Inc. in the amount of $ 875,000.

BACKGROUND:

FISCAL IMPACT:

Please refer to Attachment A. (Not to exceed $875,000.00) ATTACHMENTS:

A. KEC Staff Time Allocation
B. Professional Services Amended Contract
C. Original Contract
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CITY OF ADELANTO/

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

2. SECTION 1.1 “Term of Services” is amended to read as follows:

3. SECTION 2. “Compensation” is amended to read as follows:

For work performed during the time period from March 1, 2025 to March 1, 2026, City and APUA hereby agrees to pay KEC Engineers Inc. a sum not to exceed $875,000 (EIGHT HUNDREND AND SEVENTY-FIVE THOUSAND WITH ZERO CENTS) notwithstanding any contrary indications that may be contained in KEC Engineers Inc.’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 KEC Engineers Inc. for the Services rendered pursuant to this Agreement at the time and in the manner 216
1AMENDMENT NO. [1]
set forth herein. The payments specified below shall be the only payments from City to KEC Engineers Inc. for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, KEC Engineers Inc. shall not bill City for duplicate services performed by more than one person.

EXHIBIT A

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

6. 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. (Signatures on Following Page)
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1AMENDMENT NO. [1]
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF ADELANTO
Jessie Flores, City Manager
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

ADELANTO PUBLIC UTILITY

AUTHORITY
Jessie Flores, General Manager
Attest:

Brenda Lopez, Secretary
Approved as to Form:

Todd Litfin, General Counsel

CONSULTANT
Kavous Emami
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KEC Staff Time Allocation
General Fund: Permitting, Addressing, Camino (Backend and Administration), Plan Check Processing, Public Records Request, Front Counter Services, ArcGIS, Updating Outdated Forms and Applications, Developer Meetings, Customer Support, Data Inputting.

Grants: Caltrans, CA State Parks, SBTCA, FHWA, State Assembly, State Congress, CALOES, SCAG, Bureau of Reclamation, US Dept. of Transportation, HSIP.

FEE PROPOSAL FOR CITY ENGINEERING SUPPORT SERVICES

CITY OF ADELANTO

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.

SECTION 2. CONH’ENSATION.

Invoices shall be submitted to:

City of Adelanto
Attn: Accounts Payable
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SECTION 3. FACILITIES AND EQUIPMENT.

Any deductible 0r self-insured retention shall be shown on the Certificate. If the deductibte or self—insuted retention exceeds TWENTY-FIVE THOUSANC) DOLLARS ($25,000), it must be approved in writing by City.
b. W.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 completionof 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 ofthe following: (1) renewal ofthe 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 ofthe 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.

0. Notice of Reduction in or Canceiiation of Coverave. 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 ofany ofthe required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any Of said policies of insurance are canceiled, 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 ovaonsultant; 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 23123026150000!
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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 nen-conttibutery basis with respect to any insurance or self-insuranee program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination 0fthis Agreement or completion 0fthe Services.

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. 35 135026504101}!
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The personnel petfonning 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, obligationt 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 perfenniag the Setyices 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 Governino Law. The laws of the State of California shall govern this Agreement. .__...——-13—--——

7.3 Prevailing Wages. Consultant acknewledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and ef’feetuating compliance with such laws, including, but not limited to the prevailing wage and teiated requirements set forth in this Subsection 13‘ Consultant shall bear all risks of payment or non-payment of prevailing wages under California law aadfot the implementation of Labor Code Section USE, as the same may be amended from time to time, and/or any other similar law. a. Bahlle Weds. 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 l?20 0f the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation ofthe Seryiees~ including. without limitation any public work (as defined by appiieable law), if any, Consultant shall bear all risks of payment or nonpayment of state andf’et federal prevailing wages andfor the implementation of Labor Code Sections I?26 and 13381, as the same may be enacted. adopted or amended from time to time anchor 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. 2512:”0361504NU l
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d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is sebject to compliance monitoring and enforcement by the Department of Industrial Reiations. -
e. indemnification Related to Prevailing Wastes. Section 5, Indemnificatioat specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant 01” any party performing the Services of any applicable local. state. anther federal law. including. without limitation‘ any applicable federal andt’or state iabor laws (including, without limitation. the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1'381, as the same may be amended from time to time. or any other similar law; audio: (iii) failure by Consultant or any party eerfoming the Services to provide any required disclosure or identification‘as required by Labor Code Section RS 1. as the same may be amended from time to time, andfe; any other similar law. ?.4 Licenses and Permits. Fees and Assessments. Consultant represents. wartaatst and covenants to City that Consultant and its employees, agents, and any subcontractors hate all licenses, permits. qualifications, and approvals of whatsoever nature that are legaiiy required to practice their respective professions, and perform the Services. Consultant represents, warrants. and covenants to City that Consuitant and its employees. agents. and subcontractors shall. at their sole cost and expense, keep in effect at all times during the term 0t~ this Agreement any licenses, permits, and approyais that are legatly required to practice their respective professions, and parietal 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 aoie ohiigation 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 ofiieerst employees or agents oi’City, against any such fees. assessments, taxest penalties 01‘ interest levied, assessed? or imposed against City hereunder.

7.5 Conflicts of interest- Political Reform Act. Consultant reptehents. warranta and covenants that Consultant presently has no interestt direct or indirect. which would interfere with 01' impair in any manner or degree the performance of Consuitant‘s ohiigatioas and responsibilities under this Agreemeatt Censuitant further agrees that while this Agreement is in effect. Consultant shall not acquire or otherwise obtain any interest direct or indirect~ that woaid interfere with or impair in any manner or degree the performance of Consultant‘s obiigatiens and responsibilities under this Agreement. Consuitant acknewiedges that pursuant to the provisions of the Poiitical Reform Act {Government Code Section 8? 100 et seq), City may determine the Coasuitant to be a "consultant” as that term is defined by 2 Caiifomia Code of Regulations Section 18300.3. 1n the event City makes such a determination. Consultant agrees to complete and fiie a “Statement of Economic Interest" with the City Clerk to diseiose 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.
?.6 Annual Aanreeriation of Funding. in accord with Article 16 Section i8 of the California Constitutioat payment efcompeasatien under this Agreement is contingent upon annual apprOpriation of funds by City for that purpose. Consultant acknowledges and agrees that to the 2512:’826130Ai}00l
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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.

8.5 Amendments. The Parties may amend this Agreement only by a wi‘iting signed by all the Parties.

SECTION 9. KEEPING AND STATUS OF RECORDS.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.2 Yenue. 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.

10.5 No Imgiied Waiver of Breach. Waiver by' any Party to this Agreement of any term, condition, or covenant ofthis 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 2512:1326 150-0001
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and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.