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
MARCH 11, 2026
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 Stadium
Conference Room
12000 Stadium Way,
Adelanto CA, 92301
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://watch.adelantoca.gov and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:
• Teleconference: https://meet.adelantoca.gov
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
MARCH 11, 2026
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
MARCH 11, 2026
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
M__________________S__________________ACTION___________ D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
F. PRESENTATIONS
A. CALL TO ORDER—REGULAR MEETING
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
MARCH 11, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. PUBLIC COMMUNICATIONS
PUBLIC COMMENT: OPEN: CLOSED:
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 act 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 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: October 25, 2025 – Regular Meeting February 11, 2026- Regular Meeting
3. Approval of Resolution No 26-05 and the Joint Powers Agreement (JPA) to Participate in the San Bernardino Regional Housing Trust.
RESOLUTION NO. 26-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING, AUTHORIZING,
AND DIRECTING EXECUTION OF THE JOINT EXERCISE OF POWERS
AGREEMENT RELATING TO MEMBERSHIP IN THE SAN BERNARDINO
REGIONAL HOUSING TRUST
4. Receive and file the Commercial and Residential Monthly Report.
5. Receive and file the Fire Department Monthly Report January 2026.
6. Receive and file the Sheriff’s Department Monthly Report February 2026. 4 REGULAR MEETING
MARCH 11, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
7. Rejection of bids received for the Bellflower Park Project.
8. Receive and file of the Cannabis Compliance Report.
9. Approval of Warrant Demand Schedule 25/26-09-01
a. City of Adelanto Check Warrant No. 151714 through 151729 in total amount of $58,646.45
b. City of Adelanto EFT No. 4247 through 4248 and 5025 through 5086 in total amount of $2,246,750.44.
M__________________ S__________________ ACTION_______________ I. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
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 APUA agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Approval of Water Department Report.
3. Receive and file the Adelanto Public Utility Authority (APUA) Annual Financial Report for Fiscal Year Ending June 30, 2024.
M__________________ S__________________ ACTION_______________ 5 REGULAR MEETING
MARCH 11, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us J. PUBLIC HEARING
OPEN PUBLIC HEARING: CLOSE PUBLIC HEARING:
1. ADOPTION OF ORDINANCE NO. 660, WHICH PROPOSES AMENDMENTS TO THE
ADELANTO ACCESSORY DWELLING UNIT (ADU) AND JUNIOR ACCESSORY DWELLING
UNIT (JADU) REGULATIONS TO ENSURE CONSISTENCY WITH THE APPLICABLE GOVERNMENT CODE SECTIONS AS OUTLINED BELOW: (JIM/NYEKA) ORDINANCE 660 – ORDINANCE TO AMEND SECTION 17.20.080 ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO ESTABLISH THE REGULATIONS
AND PROCEDURES FOR THE REVIEW OF ACCESSORY DWELLING UNITS (ADUS) AND
JUNIOR ACCESSORY DWELLING UNITS (JADUS), IN CONFORMANCE WITH THE CALIFORNIA GOVERNMENT CODE (GOV. CODE) TITLE 7, DIVISION 1, CHAPTER 13, ACCESSORY DWELLING UNITS.
RECOMMENDATION: Staff recommends the City council introduce and conduct the first reading of Ordinance No. 660 adopting the attached Ordinance recommending that the City Council approve Accessory Dwelling Units and Junior Accessory Dwelling Units of Ordinance No. 660 amending Chapter 17.20 (Residential Districts) of Title 17 of the Adelanto Municipal Code, based on the findings.
ORDINANCE NO. 660
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, REPEALING AND AMENDING SECTION 17.20.080 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) OF CHAPTER 17.20 (RESIDENTIAL DISTRICTS) OF TITLE 17 (ADELANTO ZONING ORDINANCE) OF THE
ADELANTO MUNICIPAL CODE IN ORDER TO UPDATE THE CITY'S
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
REGULATIONS SO THAT SUCH REGULATIONS ARE CONSISTENT WITH GOVERNMENT CODE SECTION 66326
M__________________S__________________ACTION_________________ 6 REGULAR MEETING
MARCH 11, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us K. NEW BUSINESS
OPEN: CLOSED
1. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HARDY & HARPER FOR
SENECA ROAD REHABILITATION PROJECT (KAVOUS/GARY)
RECOMMENDATION: Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Hardy & Harper in the amount of $2,164.000 for the Seneca Road Rehabilitation Project and authorizing the City Manager to sign the agreement on behalf of the City Council.
M__________________S__________________ACTION_________________ OPEN: CLOSED
2. APPROVAL OF ORDINANCE NO. 661 OF THE CITY OF ADELANTO PERTAINING TO
THE MAINTENANCE OF VACANT LAND OR PROPERTY
ORDINANCE NO. 661
AN ORDINANCE OF THE CITY OF ADELANTO PERTAINING
TO THE MAINTENANCE OF VACANT LAND OR PROPERTY
RECOMMENDATION: Staff recommends City Council introduce and conduct the first reading of Ordinance No.661 to approve an ordinance of the city of Adelanto pertaining to the maintenance of vacant land or property. City Council schedules the second reading of Ordinance No. 661 for the next regularly scheduled Council meeting.
M__________________S__________________ACTION_________________ K. ITEMS REMOVED FROM THE CONSENT CALENDAR
7 REGULAR MEETING
MARCH 11, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us L. 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.
M. ADJOURNMENT
The next Regular Meeting of the City Council will be held on March 25, 2026, at 11:00 a.m. at Adelanto Stadium 12000 Stadium Way, Adelanto CA, 92301.
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 MARCH 5, 2026, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, IN ADELANTO, CALIFORNIA.
Brenda Lopez, City Clerk, CMC
N. DECLARATION OF POSTING
8 REGULAR MEETING
MARCH 11, 2026
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
MARCH 11, 2026
All of our meetings are streamed live at https://watch.adelantoca.gov and are also available for playback after the meeting.
Participate via zoom please log in using any of the options below:
Teleconference https://meet.adelantoca.gov
TIME TELECONFERENCE
Location:
Conference Room
12000 Stadium Way
Adelanto CA , 92301 To Participate and and Call in for public comments:
Please call 1-669-900-6833 along with
conference code 931 4644 4676 Passcode: 7601
Open Session – 11:00 a.m.
Dated: March 5, 2026 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
October 22, 2025
A. CALL TO ORDER - REGULAR MEETING
The Adelanto City Council held the Regular Closed Session Meeting on Wednesday, October 22, 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.
City Clerk conducted roll call.
Present:
• Councilmember Stevevonna Evans
• Councilmember Daniel Meza
• Councilmember Joy Jeanette Updegrove
• Mayor Pro Tem Daniel Ramos
• Mayor Gabriel Reyes
Invocation: Council Member Uptergrove
Flag Salute: Council Member Meza
B. DELETIONS / ADDITIONS TO AGENDA
City Manager Flores stated that the following items were removed:
Consent Calendar item H. 6
New Business item K #’s 2 & 3
11 City Council Minutes
Regular Meeting
October 22, 2025
2 C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes seconded by Council Member Meza to approve the agenda with the removal of items, H. 6 and K 2 & 3.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
D. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
City Manager Flores provided updates including:
• Attendance at the League of California Cities Annual Conference. • CarMax Service Center Project
o Fully entitled.
o Located at Rancho Road & Emerald Road.
o Includes reconditioning/service facility, enclosed auction building, car wash, fueling station, and staging area.
o Groundbreaking anticipated Summer 20XX.
• KC Petroleum Project
o Proposed gas station and commercial development at Adelanto Road & Air Expressway.
o Includes convenience store, fuel dispensers, restaurant, EV charging stations, and RV parking.
o Anticipated Planning Commission review in December.
• Seneca Road Rehabilitation Project
o Design phase nearing completion.
o Public bidding to follow.
City Manager concluded by emphasizing continued economic momentum and staff dedication.
E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans
• SCAG Demographics Workshop
• League of California Cities Conference
12 City Council Minutes
Regular Meeting
October 22, 2025
3 Council Member Uptergrove
Over the past couple of weeks, several key meetings and events were attended:
• Participated in the SCAG Demographics Workshop in Los Angeles, which provided impactful information on housing trends and future planning. A future agenda item may be requested based on insights gained, and presentation slides will be shared once received.
• Attended the Family Assistance Program Gala, recognizing clients and staff for their work and contributions.
• Participated in the League of California Cities conference, which offered valuable workshops and networking opportunities with regional leaders, including discussions with Mayor Frank Yokoyama of Cerritos.
• At the Regional Steering Committee (Continuum of Care) meeting, funds initially allocated to a local High Desert organization that underperformed were successfully reallocated to another reliable organization, preventing the county from redirecting the funding outside the region. This ensures housing services will continue to support local families.
Council Member Meza
During recent meetings in Long Beach, several important regional issues and opportunities were addressed:
• Waste Management Concerns: Discussions focused on Los Angeles County trash being transported into San Bernardino County, which is rapidly filling local landfill space.
Efforts are underway to explore alternatives, including the possibility of establishing a local waste facility in Adelanto. Conversations have begun with Burrtec to begin mapping out options, as the process could take several years.
• Regional Partnerships & Inclusive Parks: Networking with regional leaders, including former Congressman and Mayor Joe Baca of Rialto, led to discussions about grant opportunities for all-inclusive parks designed to accommodate children with disabilities.
This concept may be brought forward for consideration in Adelanto. • Economic Development Opportunities:
o Met with Brightline West, the high-speed rail project connecting Las Vegas to Rancho Cucamonga, to explore potential partnerships that could bring construction and precast concrete jobs to Adelanto, possibly involving local company Clark Pacific.
o Ongoing discussions with Day One Food, a Korean food company planning to build multiple facilities near Adelanto Road, bringing additional jobs and investment to the city.
• Workforce Development & Youth Programs:
o Met with a teacher from Adelanto High School who leads construction trade programs, partnering with local companies like Cisneros Bros. Plumbing to align classroom training with real workforce needs.
13 City Council Minutes
Regular Meeting
October 22, 2025
4 o Supporting Construction Youth of America, a nonprofit focused on preparing students for skilled trades careers by combining hands-on training with modern technical skills.
Overall, the meetings focused on protecting regional resources, expanding economic development, strengthening workforce pathways, and creating inclusive community opportunities.
Mayor Pro Tem
Mayor Pro Tem opened by recognizing Coach Bali for his championship success and contributions to Adelanto.
Key updates included:
• Community Engagement: Spoke at Gus Franklin Jr. STEM Academy’s Career Day, engaging students and encouraging military service and leadership. • SCAG Demographics Workshop & EAC Meeting: Emphasized the importance of balanced housing (single-family and multi-family) to retain and attract residents. Adelanto actively participated and advocated for the region.
• Southern California Edison Roundtable: Discussed regional power shortages and workforce gaps. SCE is seeking partnerships with schools to develop workforce pipelines while prioritizing fire-affected area rebuilding.
• League of California Cities Conference: Focused on rebuilding public trust by delivering on promises. Highlighted pride in new local economic developments (e.g., McDonald’s, car wash) and noted Adelanto’s growing regional recognition and respect. • Highway 395 Access Efforts: Regional collaboration with Victorville, Hesperia, SBCTA, and SCAG to advance access improvements.
• Behavioral Health Advocacy: Encouraged stronger community turnout to secure funding for mental health services and requested easier public access to board/committee information on the City’s website.
• Solid Waste & Recycling: Anticipated stricter recycling regulations. • Regional & State Meetings: Participated in meetings with California Contract Cities, SBCTA, Housing Trust committees, and met with State Treasurer Fiona Ma. Discussed potential economic development opportunities, including possible expansion discussions with Langer’s Juice.
• Community Events: Celebrated the success of the first Harvest Pumpkin Patch Giveaway, which drew over 1,000 attendees and distributed 1,000 pumpkins. Expressed appreciation for Public Works’ support.
• Future Leaders Initiative (SCAG): Announced a new leadership development program for young adults (ages 18–35) to prepare future civic leaders, with applications opening soon.
Um, wish my little guy a happy birthday, and with that, my announcements are done. 14 City Council Minutes
Regular Meeting
October 22, 2025
5 Mayor Reyes
• Mayor Gabriel Reyes Requested moment of silence for resident and veteran Bobby Brown, who tragically passed away after being struck by a vehicle. • Reported attending CalACT Conference in Reno (VVTA representative). • Highlighted City’s Pro-Housing designation and Housing Element approval. • Spoke on infrastructure needs and economic growth strategy (Jobs → Housing → Retail → Entertainment).
• Celebrated recent community events and new businesses.
F. PRESENTATIONS
1. Certificate of Recognition for Emiliano Diaz.
2. Presentation by Rhonda Dennis.
G. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 12:31 p.m.
Alexander Dennis, Director of Operations and Strategic Development for Dennis Educational Consulting Services, spoke in support of his mother’s proposal for Dennis Preparatory Academy.
He described her as a lifelong, dedicated educator with experience in all aspects of school operations and emphasized her passion for developing children. He stated that the proposed project would transform the building into more than just a school—it would become a place focused on cultivating innovators, entrepreneurs, and future leaders. He urged approval of the proposal, highlighting its long-term benefits for Adelanto’s children and future generations.
Isaiah, spoke in strong support of Rhonda Dennis, describing her as a servant leader who is deeply dedicated to children and education. He highlighted her tireless work ethic, passion, and commitment to excellence, noting that she spends countless hours studying and preparing to make the school a reality. He shared personal examples of how she has mentored him and others, teaching financial literacy, goal setting, and life skills. He emphasized her generosity, faith, and character, stating that she consistently strives to exceed expectations in everything she does.
Veronica Arreola: A longtime resident of Adelanto and member of the community group Unidos por una Adelanto Mejor, highlighted community concerns about water quality, safety, and transparency. She proposed creating an Adelanto Water Committee to bring together city officials, experts, and residents to review data, monitor issues, and ensure public participation.
The committee aims to promote trust, open communication, and collaborative solutions to protect public health, emphasizing unity and cooperation rather than confrontation, and representing a historic step toward stronger city-community relations.
Rachel, A parent and former colleague spoke in strong support of Rhonda Dennis and her proposal. She shared that her son, who previously spoke, was once Ms. Dennis’s student and 15 City Council Minutes
Regular Meeting
October 22, 2025
6 credited her with playing a significant role in guiding both him and her as single parent. She described Ms. Dennis as warm, respected, and deeply impactful, noting her strong reputation among students and families. Drawing from their time working together at Pathways to College Charter School, she emphasized the lasting influence Ms. Dennis had on students across the campus. She expressed full support for the proposed preschool and academy, stating that a school of this caliber would positively contribute to Adelanto’s growth and legacy, as schools leave a lasting impact on a community far beyond commercial developments.
Magda Torellas, expressed support for Rhonda Dennis’s educational proposal, stating it is greatly needed and that she would personally contribute. However, she strongly opposed using the existing Glasper building, describing it as unsafe and in deplorable condition. She suggested pursuing funding from philanthropic individuals or major companies to construct a new, safer facility on the available 10-acre property instead of renovating the current structure.
She also announced the American Legion’s free community turkey dinner for veterans and their families on November 11. Additionally, she raised concerns about Brown Act compliance and public comment procedures, expressed disappointment over issues related to the stadium project, and urged the City to honor existing agreements, specifically referencing the Samoan Club’s longstanding Flag Day event contract.
Japati Mataval, addressed the Council to follow up on the Samoan Flag Day event scheduled for June 1st–4th of next year. He asked for confirmation that the dates are still reserved and that the event arrangements remain in place.
Natalie Brown, of the Planning and Conservation League provided an update on the Cadiz groundwater mining project, stating it has faced significant new opposition this year. She noted that California legislators, state agencies, tribal nations, and U.S. Senators Alex Padilla and Adam Schiff have raised concerns about the project’s environmental and cultural impacts.
She explained that state lawmakers have urged the State Lands Commission to require a formal Water Code review before any water export occurs, and the Commission has warned Cadiz that unauthorized pipeline use could result in litigation. She also referenced a previous unanimous vote by the Commission rejecting Cadiz’s lease application. Additionally, U.S. Senators called for federal review, citing warnings from federal agencies about potential irreversible impacts. Brown concluded by expressing that the project lacks sufficient environmental safeguards and advocating for sustainable water solutions instead.
Mayor Reyes closed public comment at 12:49 p.m.
16 City Council Minutes
Regular Meeting
October 22, 2025
7 H. CONSENT CALENDAR
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- August 27, 2025 - Regular Meeting September 24, 2025- Regular and Special Concurrent Meeting
3. Approval of Burrtec Monthly Report.
4. Approval of Amendment No. 4 with MAD Studios for marketing and media creation.
5. Acceptance of Parcel Map 20472 - to develop a 57,871 sf four-story, 83 room Holiday Inn Express hotel with a 3,800-sf sit-down restaurant.
6. Acceptance of Parcel Map 21040 - Proposal to subdivide and develop a 6.81 acre site with a 132-unit residential community with amenities on 4.81 acres.
7. Approval of the Vehicle Transfer Agreement between the City of Adelanto and Molding Hearts.
8. Approval of updated San Bernardino County Sheriff contract.
9. Approval of LANWAN Amendment No.5.
10. Approval of resolution No. 25-58 authorizing the City Manager to execute the documents required for the sale of Lettered Lots A, E, F, and Parcel 2 of Parcel Map 20928, adjacent to City Hall.
RESOLUTION NO. 25-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, CALIFORNIA, TO AUTHORIZE THE SALE OF
PROPERTY AND TO AUTHORIZE THE CITY MANAGER TO
SIGN AND EXECUTE ALL DOCUMENTS RELATED
THERETO
17 City Council Minutes
Regular Meeting
October 22, 2025
8 11. Approve Resolution No. 25-60 Authorizes the Destruction of Specific Records from the Finance Department.
RESOLUTION NO. 25-60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CERTAIN CIT REOCRDS
ACCORDING TO THE RECORDS RETENTION SCHEDULE
FOR THE ADELANTO FINANCE DEPARTMENT
12. Approval of Warrant Demand Schedule 25/26-04-02
a. City of Adelanto Check Warrant No. 151485 through 151520 in total amount of $84,680.42.
b. City of Adelanto EFT No. 4443 through 4479 in total amount of $455,315.58.
MOTION: Moved by Mayor Reyes seconded Mayor Pro Tem Ramos to approve the consent as presented, with Council Member Evans voting no on item # 12 and # 8 and abstained from item #
10. Motion carried 4-1 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes and Council Member Evans voting no on item # 12 and # 8 and abstained from item # 10).
I. APUA CONSENT CALENDAR
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to approve the consent calendar as presented.
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this APUA agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Approval of Sewer Department Report.
MOTION: Moved by Mayor Reyes seconded Mayor Pro Tem Ramos to approve the consent as presented.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes). 18 City Council Minutes
Regular Meeting
October 22, 2025
9 J. PUBLIC HEARING
1. GENERAL PLAN AMENDMENT GPA 25-01 AND ZONE TEXT AMENDMENT ZTA 25-01. (LOUIS/NYEKA)
Proposal to amend the Adelanto North 2035 Comprehensive Sustainable Plan, the Adelanto General Plan Land Use and Zoning Map to incorporate the Northeast Mixed-Use Overlay Zone.
The purpose of this amendment is to increase residential and commercial density, expand opportunities for housing and mixed-use development and promote economic growth and land use flexibility in the northeast area of Adelanto.
The amendment includes a General Plan Amendment to add the proposed overlay zone to the Land Use and Zoning Map and a Zone Text Amendment to revise Appendix A of the zoning code, incorporating development standards and design guidelines specific to the Northeast Mixed Use Overlay Zone.
RECOMMENDATION:
• ADOPT Resolution P-25-17, recommending the City Council ADOPT the Addendum to the previously adopted 2014 Environmental Impact Report, (EIR), SCH No. 20142031034 and ADOPT, Ordinance No. 658, approving General Plan Amendment 25-01 and Zone Text Amendment 25-0, establishing the Northeast Mixed-Use overlay, based on the findings. • Introduce First Reading of Ordinance 658 to adopt findings and approve General Plan Amendment No. GPA 25-01 and Zone Text Amendment ZTA 25-01 to amend the Adelanto General Plan Amendment to and revise Appendix A of the Zoning Matrix. • Schedule the second reading and adoption of Ordinance 658 for the next regular council meeting.
COUNCIL RESOLUTION NO. 25-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE
ADDENDUM TO THE PREVIOUSLY ADOPTED 2014 ENVIRONMENTAL
IMPACT REPORT (EIR), SCH NO. 20142031034 ADOPTING ORDINANCE (ORD NO. 658) APPROVING GENERAL PLAN AMENDMENT NO. GPA 25-01 AND ZONE TEXT AMENDMENT NO. ZTA 25-01 THE NORTHEAST
OVERLAY TOTHE CITY OF ADELANTO, CALIFORNIA AND MAKING
FINDINGS IN SUPPORT THEREOF
19 City Council Minutes
Regular Meeting
October 22, 2025
10 ORDINANCE NO. 658
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO THE ADELANTO NORTH 2035 COMPREHENSIVE
SUSTAINABLE PLAN GENERAL PLAN LAND USE AND ZONNING MAP IN
BUSINESS PARK ZONE AND THE AMENDED MIXED USE OVERLAY ZONE
WITHIN THE CITY OF ADELANTO, CALIFORNIA AND MAKING FINDINGS
IN SUPPORT THEREOF
Development Services Coordinator, Nyeka Allen presented the staff report.
MOTION: Moved by Mayor Reyes seconded Council Member Evans to approve the GENERAL PLAN AMENDMENT GPA 25-01 AND ZONE TEXT AMENDMENT ZTA 25-0.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes).
L. NEW BUSINESS
1. DONATION – GUS FRANKLIN STEM ACADEMY – SCIENCE CAMP – (COUNCIL MEMBER MEZA)
RECOMMENDATION: Staff recommends that the City Council discuss, provide feedback and direction.
Mayor Reyes opened Public Comment at 1:58 p.m.
Paulette, A grandmother and Adelanto resident spoke in support of funding for students to attend Science Camp. She shared that the students have been looking forward to the program since last year and described it as both an educational and exciting opportunity. She emphasized that many of the children have never had the chance to travel outside the area or experience camping, making this a meaningful opportunity. She highlighted the hard work of students, parents, and grandparents in fundraising efforts and expressed hope that the Council would provide the necessary funds so the children can participate in this valuable STEM learning experience.
Aubrey, a 5th-grade student at Gus Franklin Elementary, thanked the Council for helping with science camp costs. She explained that due to budget cuts, students had to vote between field trip options, and science camp was chosen. However, some students may not be able to attend because they cannot afford the cost. She expressed appreciation for the Council’s support and understanding in helping make the trip possible for all students.
20 City Council Minutes
Regular Meeting
October 22, 2025
11 Miguel Soto, addressed the Council regarding concerns about school funding, particularly lottery funds. He explained that there was a recent board reorganization and new leadership is now reviewing past financial management practices. He clarified that lottery funds are divided into restricted and unrestricted categories, noting that the unrestricted funds had already been spent prior to the new leadership taking over. He stated that the current board is working to review how funds were used, restore restricted funds to school sites, correct past issues, rebuild trust, and ensure students are prioritized. He emphasized a commitment to transparency and collaboration moving forward.
Mayor Reyes closed Public Comment at 2:04 p.m.
The Council voted to donate $8,000 to the Gus Franklin Science Camp to pay for only Adelanto students.
MOTION: Moved by Mayor Pro Tem Ramos seconded Mayor Reyes to approve the donation of $8,000 to the Science Camp.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes).
2. WALL ART PROGRAM. (MAYOR PRO TEM RAMOS)
RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.
THIS ITEM WAS PULLED
3. UTILITY BOX PROGRAM. (MAYOR PRO TEM RAMOS)
RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.
THIS ITEM WAS PULLED
4. NATIONAL LEAGUE OF CITIES CONFERENCE - (JESSIE)
RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.
Council and staff had discussion and Council directed staff to register the Mayor, Mayor Pro Tem, Council Members Meza and Evans. Council asked that the Clerk confirm with each member if they will be attending.
21 City Council Minutes
Regular Meeting
October 22, 2025
12 M. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
Q. FUTURE AGENDA ITEMS
Council Member Meza requested that staff looking into grants for parks including ADA assessable items.
MOTION: Moved by Council Member Meza, seconded by Mayor Pro Tem Ramos to look for grants.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes)
Council Member Meza requested the City Manager invite the Adelanto School District Board to give presentation to the City Council.
MOTION: Moved by Council Member Meza, seconded by Myaor Pro Tem Ramos to have the Adelanto School District Board give a presentation.
Motion carried 5-0 (Evans, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
Mayor Pro Tem Ramos requested that staff add links on the city’s website to the boards/committee’s Council sits on so that the community can join.
MOTION: Moved by Mayor Pro Tem Ramos, seconded by Council Member Evans to have staff add links on the city’s website to the boards/committee’s Council sit on so that the community can join.
Motion carried 5-0 (Evans, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
R. PUBLIC COMMUNICATIONS
None.
22 City Council Minutes
Regular Meeting
October 22, 2025
13 S. ADJOURNMENT
The next Regular Meeting of the City Council will be held November 12, 2025, at 11:00 a.m. Mayor Reyes adjourned the regular city council meeting at 2:28 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza adjourn the meeting.
Motion carried 5-0 (Evans, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes. _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
23 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
February 11, 2026
A. CALL TO ORDER - REGULAR MEETING
The Adelanto City Council held the Regular Closed Session Meeting on Wednesday, January 14, 2026, 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 11:00 a.m.
City Clerk conducted roll call.
Present:
• Councilmember Evans – Present
• Councilmember Meza – Present
• Councilmember Updegrove – Present
• Mayor Pro Tem Ramos – Present (remote from Sacramento – just cause) • Mayor Reyes – Present
Invocation: Council Member Meza
Flag Salute: Mayor Reyes
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.
Motion carried 5-0 roll call vote (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes).
24 City Council Minutes
Regular Meeting
February 11, 2026
2 D. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
The City Manager delivered a detailed update on municipal operations and capital improvement efforts, highlighting ongoing oversight of water and wastewater services by Woodard & Curran, with a formal presentation planned for the second March Council meeting, and continued progress on outstanding audits aimed at strengthening the city’s credit rating and expanding eligibility for grants and infrastructure funding. The city has applied for a $50,000 GM “Main Street” grant to fund drainage and safety upgrades at Astor Road and Chamberlain Way, including a drainage basin, underground piping, restriping, and solar LED stop signs.
Infrastructure projects are advancing, with the Seneca Road rehabilitation rebid and expected to be completed by the end of summer, alongside paving work on Auburn Road and Air Expressway. Public Works has completed improvements at Richardson Park and exterior painting at the Senior and Community Centers, with additional park enhancements planned, including new or replaced awnings, repainting of trash receptacles and BBQ grills, playground restoration, and replacing wood chips with rubber matting.
E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Councilmember Evans reported that the Safe Streets for All initiative is moving from the planning phase into implementation and announced his election as Co-Chair of the Regional Steering Committee. He also shared that a Community Garden ribbon cutting is scheduled for April 22 in celebration of Earth Day, featuring 40 garden plots including four ADA-accessible spaces, and noted that the recycling cost issue with the I Am Love nonprofit has been successfully resolved.
Council Member Meza shared a weather advisory regarding possible snow and high winds, reported strong registration numbers for Adelanto Little League, and discussed recent Joshua Tree legislation and its potential development impacts. An update was provided on Victor Valley College’s welding program, along with news that Clark Pacific is hiring 30–40 employees after receiving more than 300 applications. The councilmember also announced the donation of new dugouts for Richardson Park and highlighted the City’s monthly business spotlight, recognizing Only Sinaloa as January’s featured business.
Councilmember Uptergrove reported on hosting the California League of Cities Desert Mountain Division meeting and attending a Behavioral Health Commission meeting that included updates on juvenile justice and related policies. He announced a new mobile shower partnership with Journey Foursquare and the Simba Center, promoted the upcoming February 19 job fair, and highlighted New Leaf Ministries’ ongoing food distribution and clothing drives. He also shared plans for the launch of two mobile medical units, with one dedicated specifically to serving Adelanto residents.
25 City Council Minutes
Regular Meeting
February 11, 2026
3 Mayor Pro Tem Ramos reported attending the Cal Cities Division meeting and provided an update from the SBCTA meeting, including the Executive Director’s review. He also participated in SCAG meetings focused on Olympic transportation readiness, attended the Victorville Library grand opening, and met in Sacramento regarding the Highway 395 access agreement, with followup discussions scheduled. Additionally, he announced an upcoming Adelanto High School playoff game.
Mayor Reyes reported collaborating with Assemblymember Carrillo on Joshua Tree pilot legislation and provided an update from the SCAG Transportation Committee regarding Metrolink ridership and Olympic planning efforts. He attended Barstow High School’s state championship celebration, met with a park development contractor to discuss a grant-funded park expansion project, recognized Captain Ryan Smith for his service, and announced the launch of a local business spotlight initiative.
F. PRESENTATIONS
Annual Christmas Parade winners recognized in multiple categories including marching bands, drill teams, nonprofits, car clubs, Best Entry, and Mayor’s Choice Award.
G. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 11:51 a.m.
Diana Esmeralda, speaking by phone, suggested that the City revisit its park ordinance to allow pocket parks within smaller developments, addressed prior comments concerning her community involvement, and shared personal creative work inspired by the City of Adelanto.
Mayor Reyes closed public comment at 11: 55 a.m.
26 City Council Minutes
Regular Meeting
February 11, 2026
4 H. CONSENT CALENDAR
MOTION: Moved by Mayor Reyes seconded Mayor Pro Tem Ramos to approve the consent as presented, with Council Member Evans voting no on item # 4.
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: December 10, 2026 – Regular Meeting
3. Approval of fifth amendment to the Independent Contractor Services Agreement contract with David Evans and Associates, Inc. (DEA) in the amount of $120,000.
4. Receive and file the City’s annual audit reports and financial statements for the fiscal year ended June 30, 2024.
8. Approval of Warrant Demand Schedule 25/26-08-001
a. City of Adelanto Check Warrant No. 151645 through 151669 in total amount of $44,108.30
b. City of Adelanto EFT No. 4230 through 4240 and 4890 through 4947 in total amount of $2,704,432.95.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes and Council Member Evans voting no on item # 4)
I. APUA CONSENT CALENDAR
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to approve the consent calendar as presented.
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this APUA agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Approval of amendment two to the Intergovernmental Consulting Services Agreement contract with Political Dynamics in the amount not to exceed One Hundred Eight Thousand Dollars ($108,000).
3. Approval Amendment No. seven to the Professional Consultant Services Agreement with IDEATE 27 City Council Minutes
Regular Meeting
February 11, 2026
5 California to extend Section 3.1.2 Term on the attached Agreement for two (2) years with compensation not-to-exceed Two Hundred Fifty-two Thousand Dollars ($252,000).
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes).
J. NEW BUSINESS
1. 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 made changes to the committee appointments on the Mohave Air Quality Management District Board. Regional Steering Committee, Continuum of care, League of California Cities Desert Mountain Division Board, and SCAG General Assembly. (see attached list)
2. DISCUSSION – VACANT LAND PENALTY. (TODD)
RECOMMENDATION: Staff recommends that the City Council discuss and provide direction to staff.
City Attorney Todd Litfin presented an overview of proposed ordinance language utilizing existing administrative citation procedures within Municipal Code Chapter 8. Council discussion ensued regarding fine structure and enforcement.
City council provided feedback and it will be brought back at a future meeting.
M. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
Q. FUTURE AGENDA ITEMS
28 City Council Minutes
Regular Meeting
February 11, 2026
6 Councilwoman Evans – Vacant/Blighted Land Penalty Ordinance Councilwoman Evans requested that the vacant and blighted land penalty ordinance be brought back as a formal ordinance at the next scheduled meeting. A motion was made and seconded. The item was approved unanimously with the following votes:
• Councilwoman Evans – Yes
• Councilmember Meza – Yes
• Councilmember Updegrove – Yes
• Mayor Pro Tem Ramos – Yes
• Mayor Reyes – Yes
Councilmember Uptergrove – AI Policy Review
Councilmember Updegrove requested a review of the City’s current AI-related policies and, if none exist or require updates, the development of new AI policies. Staff confirmed they will provide information on existing policies and updates currently in progress. No formal vote was taken.
Councilmember Meza – Park Dugout Project Measurements
Councilmember Meza requested staff meet with him to obtain park measurements related to proposed dugouts. He indicated he will return to Council with a full scope of work and timeline once preliminary information is gathered. No formal vote was taken.
Mayor Pro Tem Ramos – No Items
Mayor Pro Tem Ramos stated he had no future agenda items.
Mayor Reyes – Parks Grant Update & Desert Trails Slide Repair Mayor Reyes requested an update via email on park-related grant applications, particularly those connected to park rehabilitation efforts, including the damaged slide at Desert Trails Park. A 29 City Council Minutes
Regular Meeting
February 11, 2026
7 motion was made and seconded to receive the update. The item was approved unanimously with the following votes:
• Councilwoman Evans – Yes
• Councilmember Meza – Yes
• Councilmember Updegrove – Yes
• Mayor Pro Tem Ramos – Yes
• Mayor Reyes – Yes
Staff further confirmed that the damaged slide will be repaired immediately and will not be delayed pending grant funding.
R. PUBLIC COMMUNICATIONS
None.
S. ADJOURNMENT
The next Regular Meeting of the City Council will be held February 25, 2026, at 11:00 a.m. Mayor Reyes adjourned the regular city council meeting at 12:59 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza adjourn the meeting.
Motion carried 5-0 (Evans, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes) _________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
30 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: March 11, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Jessie Flores, City Manager
SUBJECT: Consideration of Joint Powers Agreement (JPA) Participation in the San Bernardino Regional Housing Trust (SBRHT)
STAFF RECOMMENDATION:
Staff recommends City Council approve Resolution 26-05 to participate in the Joint Powers Authority (JPA) for the establishment of the San Bernardino Regional Housing Trust (SBRHT) and authorize the Mayor to execute the Joint Exercise of Powers Agreement on behalf of the City of Adelanto.
BACKGROUND:
California continues to face a severe housing supply and affordability crisis driven by high land costs, increasing construction and financing expenses, regulatory complexity, and broader market constraints.
These statewide challenges are particularly pronounced in the High Desert region, where limited housing inventory, rising rents, and economic pressures have compounded housing insecurity and homelessness.
For the City of Adelanto, housing stability and affordability are directly connected to broader economic development goals, public health, workforce attraction, and long-term fiscal sustainability. As a disadvantaged community with limited local revenue capacity relative to housing demand and infrastructure needs, Adelanto faces structural constraints in addressing housing production and preservation independently. Regional coordination and resource leveraging are therefore essential.
In response to increasing concern regarding housing challenges throughout the San Bernardino County region, the City/County Managers Technical Advisory Committee (CCMTAC) of the San Bernardino Council of Governments (SBCOG) formed an ad hoc subcommittee in 2021 to evaluate the feasibility of implementing a regional housing trust fund. SBCOG subsequently released the San Bernardino Regional Housing Trust White Paper in January 2022, outlining governance models, funding strategies, and case studies demonstrating the effectiveness of regionally structured housing trust funds.
The White Paper concluded that a regional housing trust fund could provide significant benefits, including administrative efficiency, enhanced competitiveness for state and federal funding, shared governance, and economies of scale not achievable through isolated local efforts.
Following the White Paper, SBCOG developed the SBRHT Strategic Plan, which assessed housing needs across the region and identified potential funding sources, financing tools, and programmatic priorities. 31 Throughout 2022 and 2023, SBCOG conducted extensive outreach with city and county managers, planning staff, elected officials, housing professionals, and development stakeholders.
Based on this outreach and analysis, it was recommended that the San Bernardino Regional Housing Trust be structured as a Joint Powers Authority (JPA) comprised of participating local jurisdictions. On April 5, 2023, the SBCOG Board of Directors authorized staff to initiate formation of the JPA.
DISCUSSION:
SBRHT Benefits
The SBRHT aims to provide a coordinated, regional approach to addressing housing needs throughout the San Bernardino region by raising and leveraging funds to support housing development, with a particular focus on affordable housing. Participation in the JPA would:
• Expand funding opportunities by leveraging state, federal, and private resources; • Support affordable housing projects within Adelanto and throughout the region; • Provide regional coordination and administration to address housing needs comprehensively; • Increase development interest and investment in the region; and • Ensure local representation in decision-making through the JPA governance structure.
The Housing Trust Ad Hoc Committee is currently developing recommendations regarding policies and priorities. By joining the JPA, the City would have a direct role in shaping these policies and priorities.
JPA Development
A draft Joint Powers Authority (JPA) Agreement was circulated to all SBCOG member agencies on December 15, 2025 for review and comment. SBCOG received feedback from several jurisdictions and subsequently met with the CCMTAC Housing Trust Ad Hoc Committee on February 5, 2026 and February 23, 2026, to discuss proposed revisions. The attached JPA Agreement reflects revisions based on comments received and discussions held.
The SBRHT Joint Exercise of Powers Agreement incorporates the provisions of SB 20 (2023), as well as the broader Joint Exercise of Powers Act. Utilizing the provisions of SB 20 allows the SBRHT to be an early adopter of this legislation, which may increase visibility and interest from the State Legislature and enhance opportunities for state funding. Incorporation of the broader Joint Exercise of Powers Act provides flexibility for the SBRHT to exercise powers that are common to its member agencies.
The governing structure of the SBRHT is centered on a Board of Directors, which exercises all powers and authority on behalf of the organization. The Board of Directors will consist of one locally elected representative from each participating member agency, as well as at least two housing policy experts.
Housing policy experts will be selected by a vote of the elected members of the Board. The Board will also elect officers, including a Chair and Vice Chair, and may establish advisory committees as needed.
The SBRHT may contract for administrative staff or services as necessary. The Board is responsible for adopting bylaws, overseeing budgets, and ensuring compliance with California’s Joint Exercise of Powers Act and other applicable state laws. All meetings will be conducted in accordance with the Brown Act, ensuring transparency and public accountability. Overall, the governance model balances local representation with subject-matter expertise while maintaining operational independence from its Member Agencies.
32 FISCAL IMPACT:
Initial participation in the SBRHT JPA does not obligate the City to commit local General Fund resources beyond any approved membership or administrative contribution established by the JPA Board. Future financial participation in specific housing programs or funding commitments would be subject to separate Council consideration and approval.
ATTACHMENTS:
• Draft Joint Exercise of Powers Agreement – San Bernardino Regional Housing Trust • Resolution 26-05
33 RESOLUTION NO. 26-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF
SAN BERNARDINO, CALIFORNIA, APPROVING, AUTHORIZING, AND DIRECTING
EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT RELATING TO
MEMBERSHIP IN THE SAN BERNARDINO REGIONAL HOUSING TRUST WHEREAS, the San Bernardino Regional Housing Trust (SBRHT) will be formed upon the approval of at least three qualified members as a joint powers authority between Member Agencies throughout the San Bernardino Council of Governments region (“region”); and WHEREAS, the SBRHT was created for the purpose of funding housing that assists persons and families with extremely low-, very low-, low-, and moderate-incomes, including individuals and families experiencing homelessness and workforce households within the region; and
WHEREAS, the City of Adelanto is committed to increasing the supply of affordable housing and addressing the housing needs of residents across all income levels; and
WHEREAS, the City of Adelanto has determined that there are limited financial resources for affordable housing development and that additional local and regional financing will increase the competitiveness of individual projects for State and Federal resources; and
WHEREAS, the SBRHT provides an opportunity to raise and pool funds to support the development of affordable and workforce housing, including the development of financing programs, and the preservation and rehabilitation of such housing; and WHEREAS, the City of Adelanto finds it in its mutual economic interest with other regional jurisdictions to address the housing needs of residents on a regional level; and WHEREAS, the City of Adelanto has determined that it is in the public interest and for the public benefit that the City of Adelanto become a member of the SBRHT to further facilitate the development of affordable housing within the City of Adelanto and throughout the region, including the financing of projects by the SBRHT; and
WHEREAS, the City of Adelanto will be joining other jurisdictions that are members of the SBRHT in efforts to increase State and Federal resources for affordable housing directed to SBRHT; and
WHEREAS, the Agreement has been filed with the City of Adelanto, and the members of the City Council, with the assistance of its staff, have reviewed said document; and WHEREAS, the SBRHT is authorized to issue grants and loans to developers for the purpose, among others, of financing and refinancing the construction, acquisition, and rehabilitation of affordable housing; and
34 Resolution No. 26-05
WHEREAS, the City anticipates that there will be affordable housing projects in need of financing located within the City of Adelanto; and
WHEREAS, the SBRHT shall be legally independent from the City of Adelanto and its debts, liabilities, and obligations shall not constitute those of the City unless expressly agreed to by both parties; and
WHEREAS, local land use authority remains fully vested in the City of Adelanto, and nothing in the Joint Exercise of Powers Agreement shall be construed to transfer, limit, or otherwise affect the City’s sovereign authority over land use decisions; and WHEREAS, the City Council finds it to be in the best interest of the City of Adelanto and its residents to join the SBRHT and support regional housing solutions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council hereby authorizes the City of Adelanto’s membership in the San Bernardino Regional Housing Trust (SBRHT).
Section 3. The City Council has reviewed and hereby approves the Joint Exercise of Powers Agreement substantially in the form attached hereto as Exhibit A.
Section 4. The adoption of this Resolution shall not obligate the City of Adelanto or any department thereof to: (i) provide any financing to acquire, construct, operate, or refinance any project;(ii) approve any application or request for, or take any other action in connection with, any planning approval, permit, or other action necessary for the acquisition, improvement, rehabilitation, or operation of any project;(iii) require any contribution or advance any funds whatsoever to the SBRHT other than membership fees for administrative costs; or(iv) except as provided in this Resolution, take any further action with respect to the SBRHT or its membership therein.
Section 5. The Mayor, City Manager, City Clerk, and all other proper officers and officials of the City of Adelanto are hereby authorized and directed to execute the Joint Exercise of Powers Agreement and to perform such other acts and deeds as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.
Section 6. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to:
35 Resolution No. 26-05
San Bernardino Regional Housing Trust
Attn: Marleana Roman
1170 W. Third Street
2 nd Floor
San Bernardino, CA 92410
PASSED, APPROVED AND ADOPTED this 11 day of March 2026. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
36 Resolution No. 26-05
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 26-05 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 11 day of March 2026 be the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 11 day of March 2026.
______________________________
Brenda Lopez, City Clerk
37 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: March 11, 2026
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 38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
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: March 11, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Kelly Anderson, Battalion Chief
SUBJECT: FIRE DEPARTMENT MONTHLY REPORT
STAFF RECOMMENDATION:
Receive and file.
ATTACHMENTS:
1. Fire Department Monthly Report.
58 San Bernardino County Fire Area Incident Report
(DRAFT)
Criteria: 01/01/2026 to 01/31/2026
Division(s): North Desert, High Desert
Battalion(s): 8, 10
City(ies): Adelanto, B8 Unincorporated
Printed on 2/23/2026 3:35:21 PM Page 1 of 1
Totals for FY
25/26
Incident Type Incidents
Vegetation Fire 2
Structure Fire 8
Vehicle Fire 10
Other Fire 16
Investigation/Alarm 20
HazMat 3
Medical 394
Public Service 19
Rescue 1
Traffic Collision 40
Traffic Collision with
Extrication 2
Totals 515
59 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: March 11, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Ryan Smith, Captain
SUBJECT: SHERIFF DEPARTMENT MONTHLY REPORT
STAFF RECOMMENDATION:
Receive and file.
ATTACHMENTS:
1. Sheriff Department Monthly Report.
60 SAN BERNARDINO COUNTY SHERIFF’S DEPARTMENT
655 East Third Street • San Bernardino, California 92415-0061 Post Office Box 569 • San Bernardino, California 92402-0569 SHANNON D. DICUS, SHERIFF-CORONER
City of Adelanto
Monthly Activity Report
Date: 02/01/2026 to 02/28/2026
Category Total
Calls for Service 1,938
Part I Crimes (Person + Prop) 28
Part II Crimes 162
Towed / Abandoned Veh 17
Deputy Reports 207
A pro-active enforcement sweep was conducted in Adelanto on 02/28/26. The sweep resulted in:
Total Arrests: 31 (18 Misdemeanor / 13 Felony)
Total Recovered Firearms: 10 (7 pistols / 3 rifles) *2 ghost guns* 61 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: March 11, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Grant Administrator
SUBJECT: Recommend reject bid received for the Bellflower Park Project.
STAFF RECOMMENDATION:
Staff recommends the City Council rejects the bid received for the Bellflower Park Project.
BACKGROUND:
City received grant from State Department of Parks and Recreation and Community Block (CDBG) to build a public park at the intersection of Bellflower Street and Chamberlaine Way. Plans and specifications were prepared to advertise the project for construction bids.
Staff advertised the project to receive construction bids on September 11, 2025. The City Clerk’s office received and opened four (4) bids on December 2, 2025 which is summarized below.
No. Company Bid
1 HL Hitchock Construction, Inc. $3,577,820.00
2 Three Peaks Corporation $4,163,070.00
3 Aneen Construction, Inc. $4,644,000.00
4 Jergensen Construction, Inc. $6,902,627.75
Lowest responsive bid is more than the available grant not including 10% contingency. Staff recommends rejecting this bid which will allow the project to be advertised again.
FISCAL IMPACT:
There is no fiscal impact by rejecting the bid.
ATTACHMENTS:
Attachment No. 1 Location Map
Attachment No. 2 Bid Analysis
62 PROJECT LOCATION MAP
63 BASE BID ITEMS (ITEM 1 THRU 32)
BARTLETT AVENUE
CIP 2024-11
ITEM NO. BID ITEM DESCRIPTION ESTIMATED
QUANTITY UNIT TOTAL TOTAL TOTAL TOTAL
1 Mobilization 1 LS $115,950.00 $200,000.00 $200,000.00 $345,000.00 2 Traffic Control system 1 LS $4,800.00 $24,500.00 $10,000.00 $17,250.00 3 Project Sign 2 EA $3,600.00 $4,000.00 $4,000.00 $11,500.00 4 SWPPP & Erosion Control 1 LS $24,580.00 $51,000.00 $10,000.00 $28,750.00 5 CLEAN THE SITE OF ALL DEBRIS, VEGETATION, AND UNSUITABLE MATERIAL PRIOR TO ANY EARTHWORK ACTIVITIES. ADJUST AND LEVEL THE BASE GROUND AS REQUIRED. EXCAVATE ALL AREAS DESIGNATED TO RECEIVE FOUNDATIONS IN ACCORDANCE WITH THE CONSTRUCTION PLANS AND DETAILS. ENSURE ALL
EXCAVATION DEPTHS AND DIMENSIONS COMPLY WITH SPECIFIED
REQUIREMENTS.
1 LS $291,185.00 $141,000.00 $175,000.00 $287,500.00
6 Construct Concrete Plants Boarder Per Detail D.01 1 LS $60,500.00 $73,150.00 $125,000.00 $57,500.00 7 Construct New Concrete Slab, Base, And Foundation For The Entire Scope Of Work As Indicated In The Construction Plans And Details. Path, Repair, And Prepare The Concrete Slab Substrate To Receive New Finishes In Accordance With The Finish Schedule. Ensure All Work Complies With Project Specifications And Applicable Codes. 50,000 SQ FT. $225,000.00 $175,000.00 $1,000,000.00 $2,012,500.00 8 Paint Parking Lot Striping And Ada Signage In Accordance With The Enlargement Construction Plans On Sheet "A1.9" . Use Traffic-Rated, Weather-Resistant Paint Meeting Local Jurisdiction And ADA Colour/Standard Requirements. Ensure All Striping And Signage Comply With Applicable Codes.
1 LS $5,200.00 $9,500.00 $13,000.00 $28,750.00
9 Furnish And Install Walking Path With Specified Finish As Indicated In The Construction Plans And Finish Schedule. Ensure Materials And Installation Comply With Applicable Codes.
8,400 SQ. FT. $121,800.00 $228,480.00 $100,000.00 $483,000.00 10 Construct Load-Bearing 1'-6" Diagonal Concrete Wall To Retain And Support The Sloped Surface Of The Picnic Area. Refer To Construction Plans Detail "C" On Sheet "A1.8" For Dimensions And Details.
1 LS $93,500.00 $184,140.00 $78,000.00 $409,400.00
11 Furnish And Install Picnic Area Flooring Finish Per Finish Schedule And Manufacture Specification. Ensure Materials And Installation Comply With Applicable Codes. 4,200 SQ.FT. $88,200.00 $84,000.00 $75,000.00 $120,750.00 12 Furnish And Install Wooden Pergola In Accordance With Construction Details On Sheet "A1.6". 1 LS $185,845.00 $125,200.00 $10,000.00 $322,000.00 13 Furnish And Install Adult Workout's Area, Playground's Area And Basketball Court Flooring Finish Per Finish Schedule And Manufacture Specification. Ensure Materials And Installation Comply With Applicable Codes.
2,000 SQ.FT. $42,000.00 $40,000.00 $75,000.00 $115,000.00 14 Furnish And Install Complete Basketball Court, Including Basketball Hoops And Striping.
Paint Court Markings In Accordance With Applicable Standards. Ensure All Basketball Hoops Comply With Astm, Fiba, Nba, Or Ncaa Requirements, As Specified In The Construction Documents.
1 LS $270,940.00 $245,000.00 $85,000.00 $172,500.00
15 Furnish And Install Bicycle Rack Per Detail 10 On Sheet D.02. Ensure Installation Is Level, Secure, And Complies With Manufacturer’s Specifications And Access Requirements. 10 EA $6,400.00 $8,000.00 $30,000.00 $207,000.00 16 Install Accessible City Purchased Picnic Table, Model “Santa Fe Picnic Table” As Manufactured By "Empire Precast", Or Approved Equal. Installation Shall Be Per Manufacturer’s Specifications And Shall Comply With All Applicable Accessibility Standards.
6 EA $7,200.00 $4,800.00 $12,000.00 $6,900.00
17 Furnish And Install Concrete Backed Benches As Manufactured By "Empire Precast", Or Approved Equal. Install Per Manufacturer’s Specifications And In Full Compliance With All Applicable Accessibility Codes And Standards.
6 EA $25,470.00 $51,000.00 $30,000.00 $41,400.00
BELLFLOWER PARK PROJECT PHASE I CIP 2024-11
BID OPENING: 10:00 A.M., December 2, 2025
LOWEST
BIDDER
H L HITCHOCK
CONSTRUCTION
INC.
2ND LOW
THREE PEAKS
CORPORATION
3RD LOW BIDDER
ANEEN CONSTRUCTION,
INC.
4TH LOW BIDDER
JERGENSEN
CONSTRUCTION, INC.
64 18
Install City Purchased Playground Equipment In Accordance With "Recreation Brands" Manufacturer’s Specifications. Ensure Compliance With CPSC, ASTM, And ADA Guidelines For Safety And Accessibility.
1 LS $124,730.00 $230,000.00 $175,000.00 $51,750.00
19 Install City purchased Workout Equipment In Accordance With "Recreation Brands" Manufacturer’s Specifications, Or Approved Equal. Ensure Compliance With CPSC, ASTM, And ADA Guidelines For Safety And Accessibility.
1 LS $15,860.00 $16,000.00 $75,000.00 $69,000.00
20 Install City Purchased Single-Post Pyramid Cantilever Shade Structure In Accordance With Recreation Brands Manufacturer’s Specifications Or Approved Equal. Ensure Proper Anchorage, Alignment, And Compliance With All Applicable Codes And Load Requirements.
6 EA $45,000.00 $36,000.00 $60,000.00 $13,800.00
21 Install City purchased Custom Benches As Indicated In The Enlargement Plan On Sheet "A1.7". Ensure Installation Is Per Design Details And Securely Anchored Per Manufacturer’s Recommendations.
6 EA $7,200.00 $35,400.00 $3,000.00 $6,900.00
22 Furnish And Install Built-In Benches As Indicated In The Construction Plan On Sheet.
Ensure Installation Is Flush, Structurally Secure, And In Accordance With Architectural Details And Specifications.
1 LS $87,750.00 $80,000.00 $50,000.00 $34,500.00
23 Furnish And Install Landscape Planting As Indicated On the Landscape Sheets. Ensure Planting Areas Are Properly Prepared With Adequate Soil Conditioning, Mulch, And Root Insulation As Required For Healthy Growth.
1 LS $93,660.00 $205,000.00 $80,000.00 $230,000.00
24 Furnish And Install Basketball Court Fence And Gate, Model 'Omega Architectural' By Omega Fence Systems (Height 8'-12'). Install In Accordance With Manufacturer’s Specifications And Project Requirements.
1 LS $71,925.00 $101,500.00 $150,000.00 $115,000.00
25 Furnish And Install Water Feature As Shown In The Enlargement Plan And Details On Sheet "A1.7". Ensure Installation Complies With Manufacturer’s Specification And All Plumbing And Electrical Requirements.
1 LS $512,910.00 $740,000.00 $600,000.00 $460,000.00
26 Furnish And Install Prefabricated Steel Enclosure For Mechanical Equipment Protection In Accordance With Architectural Drawing Per "Trachteusa" Manufacture. Ensure The Enclosure Is Weather-Resistant, Securely Anchored, And Sized To Accommodate All Designated Equipment. Coordinate Location And Access Requirements With Mechanical And Electrical Trades Prior To Installation***.
1 LS $192,455.00 $45,000.00 $250,000.00 $92,000.00
27 Furnish And Install All Bbq, Hot Coal Bin And Trash Receptacle Equipment Per Architectural Plans, Equipment Schedule And Manufacture Specifications. 4 EA $5,700.00 $16,800.00 $12,000.00 $12,880.00 28 FURNISH AND INSTALL ALL PARK GUIDE SIGNS AND RESTROOM AND
ACCESSIBLE SIGNS IN ACCORDANCE WITH ARCHITECTURAL DRAWING AND MANUFACTURE SPECIFICATIONS.
2 EA $1,900.00 $5,000.00 $2,000.00 $4,600.00
29 FURNISH AND INSTALL ALL WIRING, CONDUIT, AND ELECTRICAL COMPONENTS,
INCLUDING THE ELECTRICAL PANEL, IN ACCORDANCE WITH THE ELECTRICAL DRAWINGS. ENSURE ALL ELECTRICAL WORK COMPLIES WITH THE CALIFORNIA ELECTRICAL CODE AND APPLICABLE SAFETY STANDARDS.
1 LS $274,290.00 $105,000.00 $350,000.00 $277,293.75
30 FURNISH AND INSTALL ALL MECHANICAL EQUIPMENT AS INDICATED ON ARCHITECTURAL AND MECHANICAL DRAWINGS. COORDINATE LOCATIONS AND INSTALLATION REQUIREMENTS WITH ALL TRADES.
1 LS $148,170.00 $90,000.00 $375,000.00 $345,000.00
31 FURNISH AND INSTALL ALL ELECTRICAL FIXTURES IN ACCORDANCE WITH THE LIGHTING LAYOUT ON SHEET "A1.11". ENSURE ALL WORK COMPLIES WITH THE
CALIFORNIA ELECTRICAL SAFETY CODE AND VERIFY THAT ALL LIGHTING FIXTURES OPERATE PROPERLY.
1 LS $127,650.00 $491,600.00 $100,000.00 $178,204.00
32 Prefab Restroom **** 1 EA $296,450.00 $317,000.00 $330,000.00 $345,000.00 TOTAL BASE BID $3,577,820.00 $4,163,070.00 $4,644,000.00 $6,902,627.75 **** DEFFERED SUBMITTALS
65 66
DATE: March 11, 2026
TO: Honorable Mayor and City Council Member
FROM: Jessie Flores, City Manager
BY: Cannabis Compliance Department
SUBJECT: REPORT ON CANNABIS COMPLIANCE ACTIVITIES FOR January 2026 STAFF RECOMMENDATION:
Its is recommended that City Council receive and file the report of activities associated with Cannabis Compliance for January 2026
BACKGROUND:
See attached.
FISCAL IMPACT:
In January 2026 the Cannabis department collected 1,142,751.28 in total revenue, $412,285.92 more than same time last year.
$4,531,453.10 has been received for fiscal year July 1, 2025 through January 31, 2026 due to cannabis compliance efforts. These funds represent cannabis excise taxes and cannabis permit renewal fees generated by the cannabis compliance department. Excise Taxes received to date are $3,592,706.10 and permit renewal fees are $938,747.00. Year to date collections are $964,615.03 more then same time last year.
ATTACHMENTS:
Report on Cannabis Compliance January 2026
67 68
CANNABIS COMPLIANCE
January 2026
MONTHLY REVENUE REPORT OF ACTIVITIES
Generated by the Cannabis Compliance Department
in the City of Adelanto, California
69 Cannabis Compliance Department
The City of Adelanto's Cannabis Compliance Department is responsible for overseeing and regulating the thriving cannabis industry within the city.
This department plays a crucial role in ensuring the industry operates within the bounds of local regulations, promoting public safety and responsible business practices.
Oversight of the department is provided by the Finance Manager & Planning Administrator and tasks are executed by the HObsequio LLC team. 70 The Figures
Fiscal Year 2025/2026 YTD
TAX AUDITS
FOR 22/23/24
TAX REVENUE
INCREASED
COMPARED TO
SAME YTD FY 24/25
81 SINCE OCT. 2025
27%
71 FINANCIAL OVERVIEW:
TAXES
Revenues for the 2nd quarter of fiscal year 2025/2026 were due on January 31, 2026 for the period of October 2025 to December 2025.
$981,620.28 has been received for this period through properly submitted cannabis excise tax returns and auditor requested amendments. This is $276,534.92 more than the amount
received for the same STLY (10/24-12/24).
72 FY 25 FY 26
January
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
Cannabis Excise Tax January Comparison
73 FINANCIAL OVERVIEW:
PERMIT RENEWALS
$938,747.00 has been received for permit renewals for fiscal year July 1, 2025 through January 31, 2026 due to cannabis compliance efforts. Year to date collections are $186,590.90 more then same time last year. YTD collections have exceeded the full year budget.
74 FY 24/25 FY 25/26
July 1 - January 31
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
Cannabis Excise Permit renewals FY Comparison
75 CONTACT US ...WITH ANY QUESTIONS REGARDING CANNABIS
COMPLIANCE.OR CONTENT OF THIS REPORT.
760-246-2300 ext. 1152
442-249-1152
[email protected]
76 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
STAFF RECOMMENDATION:
Staff recommends that City Council review and ratify Warrant Demand Schedule 25/26-09-01.
1. City of Adelanto Check Warrant No. 151714 through 151729 in the total amount of $58,646.45
2. City of Adelanto EFT No. 4247 through 4248, and No. 5025 through 5086 in the total amount of $2,246,750.44
BACKGROUND:
All payments have been reviewed in accordance with policies for processing payments and expenditures.
FISCAL IMPACT:
Summary of Payments issued:
Total Number of Payments: 80
Total Amount of Payments: $2,305,396.89
ATTACHMENTS:
1. Payment Check Register – Check No. 151714 through 151729
2. Payment EFT Register – EFT No. 4247 through 4248, and 5025 though 5086 DATE: March 11, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Finance Department
SUBJECT: WARRANT DEMAND SCHEDULE 25/26-09-01
77 Payment Register
City of Adelanto
From Payment Date: 3/5/2025 - To Payment Date: 3/4/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
Check
151720 02/26/2026 Open Utility Management
Refund
ARAIZA, INGRID $200.11
151721 02/26/2026 Open Utility Management
Refund
CSI CONSTRUCTION CO. $919.31
151722 02/26/2026 Open Utility Management
Refund
MESA PROPERTIES $211.66
151723 02/26/2026 Open Utility Management
Refund
RUBIO, THOMAS $286.83
151724 02/26/2026 Open Utility Management
Refund
SALAZAR , JOSE $104.87
151725 02/26/2026 Open Utility Management
Refund
SOLIS, JUAN $162.68
151726 02/26/2026 Open Utility Management
Refund
ZIMMER, CARLY, ALANA MAY $253.61
Type Check Totals: 7 Transactions $2,139.07
04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
Checks Status Count Transaction Amount Reconciled Amount Open 7 $2,139.07 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 7 $2,139.07 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 7 $2,139.07 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 7 $2,139.07 $0.00
Flagstar AP - Accounts Payable
Check
151714 02/19/2026 Open Accounts Payable BURRTEC WASTE
INDUSTRIES,INC.
$45,030.59
151715 02/19/2026 Open Accounts Payable CALIFORNIA BUILDING
STANDARDS COMMISSION
$1,132.58
151716 02/19/2026 Open Accounts Payable DEPARTMENT OF CONSERVATION $7,055.69 151717 02/19/2026 Open Accounts Payable DIANA GUNN $451.80 151718 02/19/2026 Open Accounts Payable FLORES, JESSIE $151.33 151719 02/19/2026 Open Accounts Payable RAMOS, DANIEL $630.69 151727 02/26/2026 Open Accounts Payable HIGH DESERT COMMUNITY
FOUNDATION
$240.00
151728 02/26/2026 Open Accounts Payable MARY MANZO $1,724.70 user: Diana Gunn Pages: 1 of 2 Wednesday, March 4, 2026 78 Payment Register
City of Adelanto
From Payment Date: 3/5/2025 - To Payment Date: 3/4/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151729 02/26/2026 Open Accounts Payable RAMOS, DANIEL $90.00 Type Check Totals: 9 Transactions $56,507.38
Flagstar AP - Accounts Payable Totals
Checks Status Count Transaction Amount Reconciled Amount Open 9 $56,507.38 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 9 $56,507.38 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 9 $56,507.38 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 9 $56,507.38 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 16 $58,646.45 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 16 $58,646.45 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 16 $58,646.45 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 16 $58,646.45 $0.00
user: Diana Gunn Pages: 2 of 2 Wednesday, March 4, 2026 79 Payment Register
City of Adelanto
From Payment Date: 3/5/2025 - To Payment Date: 3/4/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
EFT
4247 02/10/2026 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$36,246.23
4248 02/12/2026 Open Accounts Payable COLONIAL LIFE $800.88 Type EFT Totals: 2 Transactions $37,047.11
04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 2 $37,047.11 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 2 $37,047.11 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 2 $37,047.11 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 2 $37,047.11 $0.00
Grand Totals:
EFTs Status Count Transaction Amount Reconciled Amount
Open 2 $37,047.11 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 2 $37,047.11 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 2 $37,047.11 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 2 $37,047.11 $0.00
user: Diana Gunn Pages: 1 of 1 Wednesday, March 4, 2026 80 Payment Register
City of Adelanto
From Payment Date: 3/5/2025 - To Payment Date: 3/4/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Flagstar AP - Accounts Payable
EFT
5025 01/14/2026 Reconciled 01/14/2026 Accounts Payable FIRST NATIONAL BANK OF OMAHA $10,488.10 $10,488.10 $0.00 5026 02/17/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $508.69 5027 02/11/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $112.18 5028 02/17/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $28,297.45 5029 02/17/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $315.65 5030 02/12/2026 Open Accounts Payable AMAZON WEB SERVICES, INC $946.74 5031 02/19/2026 Reconciled 02/19/2026 Accounts Payable ADELANTO AUTO CARE & TIRES LLC
$1,921.36 $1,921.36 $0.00
5032 02/19/2026 Reconciled 02/19/2026 Accounts Payable AMAZON CAPITAL SERVICES, INC. $581.95 $581.95 $0.00 5033 02/19/2026 Reconciled 02/19/2026 Accounts Payable AVCO DISPOSAL, INC. $1,799.44 $1,799.44 $0.00 5034 02/19/2026 Reconciled 02/19/2026 Accounts Payable CHARTER COMMUNICATIONS $6,654.79 $6,654.79 $0.00 5035 02/19/2026 Reconciled 02/19/2026 Accounts Payable DEWEY PEST CONTROL, INC. $482.00 $482.00 $0.00 5036 02/19/2026 Reconciled 02/19/2026 Accounts Payable EXECUTIVE ELEVATOR, INC. $205.00 $205.00 $0.00 5037 02/19/2026 Reconciled 02/19/2026 Accounts Payable GARDA WORLD $1,341.02 $1,341.02 $0.00 5038 02/19/2026 Reconciled 02/19/2026 Accounts Payable INFRASTRUCTURE ENGINEERS, A
BOWMAN COMPANY
$19,899.00 $19,899.00 $0.00
5039 02/19/2026 Reconciled 02/19/2026 Accounts Payable LAN WAN ENTERPRISES INC $41,066.60 $41,066.60 $0.00 5040 02/19/2026 Reconciled 02/19/2026 Accounts Payable LEAGUE OF CALIFORNIA CITIES $600.00 $600.00 $0.00 5041 02/19/2026 Reconciled 02/19/2026 Accounts Payable LEIBOLD MCCLENDON & MANN $234.50 $234.50 $0.00 5042 02/19/2026 Reconciled 02/19/2026 Accounts Payable LOCAL EQUITY LLC $3,000.00 $3,000.00 $0.00 5043 02/19/2026 Reconciled 02/19/2026 Accounts Payable MANUFACTURING ALL DREAMS
STUDIOS, ARLEY ARSINEDA
$2,295.00 $2,295.00 $0.00
5044 02/19/2026 Reconciled 02/19/2026 Accounts Payable PERC WATER CORPORATION $180.71 $180.71 $0.00 5045 02/19/2026 Reconciled 02/19/2026 Accounts Payable PRICE PAIGE & COMPANY $39,058.00 $39,058.00 $0.00 5046 02/19/2026 Reconciled 02/19/2026 Accounts Payable RUTAN & TUCKER, LLP. $15,402.15 $15,402.15 $0.00 5047 02/19/2026 Reconciled 02/19/2026 Accounts Payable STANTEC CONSULTING
SERVICES, INC
$23,651.00 $23,651.00 $0.00
5048 02/19/2026 Reconciled 02/19/2026 Accounts Payable TEAMCIVX LLC $7,500.00 $7,500.00 $0.00 5049 02/19/2026 Reconciled 02/19/2026 Accounts Payable THE PUN GROUP LLP $10,000.00 $10,000.00 $0.00 5050 02/18/2026 Open Accounts Payable US BANK TRUST N.A. $977,447.25 5051 02/18/2026 Open Accounts Payable US BANK TRUST N.A. $120,528.06 5052 02/24/2026 Open Accounts Payable US BANK TRUST N.A. $299,768.52 5053 02/24/2026 Open Accounts Payable US BANK TRUST N.A. $57,285.22 5054 02/24/2026 Open Accounts Payable US BANK TRUST N.A. $55,406.69 5055 02/24/2026 Open Accounts Payable US BANK TRUST N.A. $79,526.62 5056 02/19/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $3,070.94 5057 02/19/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $133.88 5058 02/26/2026 Reconciled 02/26/2026 Accounts Payable ADELANTO AUTO CARE & TIRES LLC
$770.51 $770.51 $0.00
5059 02/26/2026 Reconciled 02/26/2026 Accounts Payable ADMINSURE INC $915.00 $915.00 $0.00 5060 02/26/2026 Reconciled 02/26/2026 Accounts Payable BIG SKY ELECTRIC, INC $12,275.00 $12,275.00 $0.00 5061 02/26/2026 Reconciled 02/26/2026 Accounts Payable BRN LLC $6,250.00 $6,250.00 $0.00 5062 02/26/2026 Reconciled 02/26/2026 Accounts Payable CALIFORNIA ASSOCIATION OF CODE ENF. OFFICERS
$100.00 $100.00 $0.00
5063 02/26/2026 Reconciled 02/26/2026 Accounts Payable CINTAS CORP #150 $229.20 $229.20 $0.00 5064 02/26/2026 Reconciled 02/26/2026 Accounts Payable CORELOGIC SOLUTIONS, LLC. $225.00 $225.00 $0.00 5065 02/26/2026 Reconciled 02/26/2026 Accounts Payable COUNTY OF SAN BERNARDINO (RECORDER)
$20.00 $20.00 $0.00
user: Diana Gunn Pages: 1 of 3 Wednesday, March 4, 2026 81 Payment Register
City of Adelanto
From Payment Date: 3/5/2025 - To Payment Date: 3/4/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
5066 02/26/2026 Reconciled 02/26/2026 Accounts Payable FONROCHE LIGHTING AMERICA INC
$74,588.00 $74,588.00 $0.00
5067 02/26/2026 Reconciled 02/26/2026 Accounts Payable GIC CORPORATION $5,720.64 $5,720.64 $0.00 5068 02/26/2026 Reconciled 02/26/2026 Accounts Payable HI DESERT ALARM $1,190.00 $1,190.00 $0.00 5069 02/26/2026 Reconciled 02/26/2026 Accounts Payable HOBSEQUIO LLC $17,500.00 $17,500.00 $0.00 5070 02/26/2026 Reconciled 02/26/2026 Accounts Payable HOME DEPOT CREDIT SERVICES $1,348.38 $1,348.38 $0.00 5071 02/26/2026 Reconciled 02/26/2026 Accounts Payable INFOSEND $2,139.09 $2,139.09 $0.00 5072 02/26/2026 Reconciled 02/26/2026 Accounts Payable LAN WAN ENTERPRISES INC $1,923.90 $1,923.90 $0.00 5073 02/26/2026 Reconciled 02/26/2026 Accounts Payable MARIA DEL CARMEN ESQUIVEL $1,000.00 $1,000.00 $0.00 5074 02/26/2026 Reconciled 02/26/2026 Accounts Payable NAPA AUTO PARTS, INC. $110.32 $110.32 $0.00 5075 02/26/2026 Reconciled 02/26/2026 Accounts Payable NURSERY PRODUCTS, LLC $11,156.25 $11,156.25 $0.00 5076 02/26/2026 Reconciled 02/26/2026 Accounts Payable ONWARD ENGINEERING $46,679.80 $46,679.80 $0.00 5077 02/26/2026 Reconciled 02/26/2026 Accounts Payable POLITICAL DYNAMICS, LLC $4,500.00 $4,500.00 $0.00 5078 02/26/2026 Reconciled 02/26/2026 Accounts Payable POLYDYNE, INC. $8,178.23 $8,178.23 $0.00 5079 02/26/2026 Reconciled 02/26/2026 Accounts Payable SAN BERNARDINO COUNCIL OF
GOVERNMENTS
$26,558.00 $26,558.00 $0.00
5080 02/26/2026 Reconciled 02/26/2026 Accounts Payable STAPLES ADVANTAGE $161.05 $161.05 $0.00 5081 02/26/2026 Reconciled 02/26/2026 Accounts Payable STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE
$307.00 $307.00 $0.00
5082 02/26/2026 Reconciled 02/26/2026 Accounts Payable TKE ENGINEERING INC $150.00 $150.00 $0.00 5083 02/26/2026 Reconciled 02/26/2026 Accounts Payable TYPE SET GO $863.08 $863.08 $0.00 5084 02/26/2026 Reconciled 02/26/2026 Accounts Payable VALUED ENGINEERING INC $7,305.00 $7,305.00 $0.00 5085 02/26/2026 Reconciled 02/26/2026 Accounts Payable ZIM INDUSTRIES, INC dba
BAKERSFIELD WELL & PUMP CO
$73,705.00 $73,705.00 $0.00
5086 02/24/2026 Open Accounts Payable US BANK TRUST N.A. $94,126.37 Type EFT Totals: 62 Transactions $2,209,703.33 $492,229.07 $0.00 Flagstar AP - Accounts Payable Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 14 $1,717,474.26 $0.00
Reconciled 48 $492,229.07 $492,229.07
Voided 0 $0.00 $0.00
Total 62 $2,209,703.33 $492,229.07
All Status Count Transaction Amount Reconciled Amount
Open 14 $1,717,474.26 $0.00
Reconciled 48 $492,229.07 $492,229.07
Voided 0 $0.00 $0.00
user: Diana Gunn Pages: 2 of 3 Wednesday, March 4, 2026 82 Payment Register
City of Adelanto
From Payment Date: 3/5/2025 - To Payment Date: 3/4/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Stopped 0 $0.00 $0.00
Total 62 $2,209,703.33 $492,229.07
Grand Totals:
EFTs Status Count Transaction Amount Reconciled Amount
Open 14 $1,717,474.26 $0.00
Reconciled 48 $492,229.07 $492,229.07
Voided 0 $0.00 $0.00
Total 62 $2,209,703.33 $492,229.07
All Status Count Transaction Amount Reconciled Amount
Open 14 $1,717,474.26 $0.00
Reconciled 48 $492,229.07 $492,229.07
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 62 $2,209,703.33 $492,229.07
user: Diana Gunn Pages: 3 of 3 Wednesday, March 4, 2026 83 Water Department
Monthly Operating Report
January 2026
84 Table of Contents
Section Page No.
1. Executive Summary…………………………………………………………………………………………………….1
2. Health & Safety…………………………………………………………………………………………………………..2
3. Regulatory Compliance……………………………………………………………………………………..………..3
4. Water Production & Treatment……………………………………………………………………………….…..4
4.1 Operations…………………………………………………………………………………………………….……….4
5. Water Distribution………………………………………………………………………………………………….……7
5.1 Production………………………………………………………………………………………………………...…...7
5.2 Maintenance…………………………………………………………………………………………………….…….8
6. Maintenance & Repair…………………………………………………………………………………………………9
7. Personnel……………………………………………………………………………………………………………..……13
8. Budget……………………………………………………………………………………………………………….………14 85 City of Adelanto 1 Woodard & Curran, Inc.
1Adelanto Water MOR January 2026 January 2026
1. EXECUTIVE SUMMARY
The following operational overview highlights the successful operations of the City’s water system from January 1 – January 31, 2026. With more than 130 days of continuous operations completed, Woodard & Curran has moved beyond the transition phase and into stable, fully integrated operations. The focus has shifted to operational excellence, preventative maintenance, staff development, and system optimization, supported by ongoing safety audits and the continued implementation of the Enterprise Asset Management System (EAMS).
Health & Safety
The safety of our employees, City staff, contractors, and ratepayers remains Woodard & Curran’s highest priority. We are pleased to report that there were no OSHA-recordable or lost-time incidents during this reporting period, and we have now reached 138 days without a safety incident.
Regulatory Compliance
Woodard & Curran met regulatory compliance standards for the City’s public water system in accordance with regulations from the Division of Drinking Water.
Capital Improvement Projects
Woodard & Curran has reviewed the previous O&M firm’s CIP recommendations and is engaged in discussions with the City’s Engineering Department. We will continue to partner with the City’s Engineering Department and position the city to implement necessary capital improvement projects.
Budget
Adelanto’s budget execution through January demonstrates strong fiscal discipline and efficient resource utilization. Spending remains consistently below budgeted levels, primarily due to reduced labor and supply-related costs. Although minor overages exist in discretionary expense categories, they are offset by substantial savings elsewhere. Overall, financial management appears efficient and conservative, maintaining healthy budget variances.
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2. HEALTH & SAFETY
D: Hearing Protection
At Woodard & Curran, employee safety is our top priority. Protecting our hearing is an important part of maintaining a safe and healthy workplace. Noise-induced hearing loss can develop gradually over time or result from short-term exposure to loud equipment, and the damage is often permanent. Because hearing loss may not be immediately noticeable, consistent use of hearing protection is essential to prevent longterm injury and ensure employees go home safely each day.
Water department staff may be exposed to elevated noise levels during routine operations and maintenance activities. Common noise sources include pumps, motors, compressors, treatment processes, vehicles, heavy equipment, and power tools. Noise hazards can be greater during extended work periods or when working in enclosed areas such as pump stations, treatment facilities, and mechanical rooms.
By staying aware of noise hazards and using hearing protection during daily tasks, Woodard & Curran staff support a safe work environment and reinforce our commitment to safety-first operations.
SPARKS Program Overview
The SPARKS Program is an O&M safety initiative designed to recognize employees who demonstrate a strong personal commitment to safety and consistently work with their peers to maintain a safe and healthy work environment. Each year, staff are evaluated on established safety goals—such as maintaining zero OSHA-recordable incidents, completing required safety training, attending monthly safety meetings, and fulfilling all annual H&S tasks. When individuals and teams meet these expectations, they become eligible for an annual incentive, with increased rewards for consecutive years of achievement. The program reinforces daily safe-work habits, strengthens teamwork, and encourages proactive communication about safety, all of which contributes to our long-term safety performance.
Staff Participation
This year, participation in the SPARKS Program continues to grow, with all staff now actively involved in meeting the required safety goals. Employees are engaging in monthly training, collaborating more effectively on hazard identification, and supporting one another in maintaining compliance with program requirements. The increased participation reflects strong team commitment and helps ensure that everyone has a role in sustaining a safe workplace. As staff continue to meet their annual safety objectives, they remain eligible for SPARKS incentives—further reinforcing the positive safety behaviors the program was designed to promote.
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3. REGULATORY COMPLIANCE
During this reporting period, the City of Adelanto has maintained 100% regulatory compliance with the Division of Drinking Water (DDW) in accordance with Permit CA3610001. Samples are collected and submitted for analysis to Geo-Monitor on a weekly basis. Additional sampling reports can be found in the Appendix.
Table 3-1 – Compliance Sampling
Samples Taken Compliant Excursions % Compliant
48 48 0 100
Table 3-2 – Treatment Plant Sampling Results (Avg)
January 2026
Analysis MCL Result Violation (Y/N)
Iron 300 ND N
Manganese 50 ND N
Arsenic 10 ND N
Fluoride 2 ND N
Table 3-2 – Pump House Sampling Results (Avg)
January 2026
Analysis MCL Result Violation (Y/N)
Iron 300 ND N
Manganese 50 ND N
Arsenic 10 ND N
Fluoride 2 0.35 N
The City has been directed by the state to reduce water loss by January 1, 2028. To meet this requirement, Woodard & Curran is implementing a more detailed data collection process to account for water loss as the City makes other necessary steps to meet this requirement.
Table 3-3 – Monthly Water Loss
(January)
Total Potable Supply Total Potable Demand Difference Estimated Water Loss (gallons)
97,692,000 100,951,082 3,259,082 45,000
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4. WATER PRODUCTION AND TREATMENT
4.1 Operations
During this reporting period, the City of Adelanto produced 28.86 million gallons of water from six active wells. One of these wells (8G2) disinfects water at the wellhead prior to transmission to one of six water storage tanks. Four of these wells (1G, 3G, 4G, 8G) send water to the Water Treatment Plant (WTP) to treat iron and manganese. This treatment process consists of Iron and Manganese Filtration. Following treatment for iron and manganese, the WTP’s effluent is blended with water from the other wells and purchased water from Mojave Water Agency and the City of Victorville (as needed) in the City’s water storage tanks and distribution system. In January, 68.83 million gallons were purchased from MWA R3 connection.
During this reporting period (January), the WTP treated 28.86 million gallons of raw water, and all samples were within acceptable ranges for iron, manganese, and other contaminants. In addition to weekly samples sent to Geo Monitor, Woodard & Curran’s staff takes daily samples to maintain process control, and these results are found in Table 4-1.
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Table 4-1
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5. WATER DISTRIBUTION
5.1 Production
The City of Adelanto’s water distribution system consists of 6 water storage tanks (21.750 million gallons combined), 3 Pressure Reducing Valves (PRVs), and 180 miles of water mains that serve approximately 38,000 residents and commercial/industrial entities with 8,900 meters. Water is also purchased from MWA to meet the City’s daily water demand, and additional water can be purchased from the City of Victorville (COV) on an as-needed basis. The purchased water connection to MWA and COV is located at 5Mil location. The allocation of the City’s water supply sources for this reporting period can be found in Table 5-1.
Water Supply Sources (January 2026)
Water Supply Source Quantity
City of Adelanto 28.86 MG
Mojave Water Agency 68.83 MG
City of Victorville 0 MG
Total Drinking Water 97.69 MG
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5.2 Maintenance
Woodard & Curran is in the process of developing the CMMS to incorporate preventative, corrective, and predictive maintenance tasks for the City’s distribution system.
5.2.1 Service Connection Repair/Replacement
- Water Meter Replacement Project 95% Complete
- Water Meter MXU Installation Project: December 2025 – January 31, 2025 For reference, MXU installation totals are as follows:
• Phase 1: 7,000 smart points
• Phase 2: 1,600 smart points (Ongoing)
• Total: 8,600 smart points
• NOTE: 483 Water Meters Need Attention (Replace or Reprogramming to Continue Project Above) - Working w/ City Billing Dept. to address water meters
5.2.2 Water Leaks/Emergency Response
Contractor Date Site Type
WC 1-16-26 10662 Arlington SS
TK Const. 1-23-26 11284 Rosedale LS
WC 1-28-26 15072 Radford St. LS
WC 2-3-26 11205 Westbrook SS
WC 2-6-26 11792 Hardy Ave. Replacement
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6.0 Maintenance & Repairs
Corrective Maintenance and Emergency Repairs:
Booster 1200 Pump Station: Edison Line Power Outage (Phase B Failure) In Progress (Entering Phase III of Repairs)
Incident Summary
On January 5, 2026, operations staff identified abnormal conditions at the Turner Booster Pump Station, including excessive heat and abnormal noise from Booster Pump #2. The pump was shut down as a safety precaution. On January 6, during an emergency response and inspection with our electrical contractor, it was discovered that the facility had lost utility power on Phase B, which originated on the SCE side of the electrical system.
SCE was contacted and responded to the site. Their investigation determined that a current transformer (CT) on Phase B had failed and was damaged beyond repair, resulting in a prolonged single-phase condition. This failure caused significant electrical stress and internal damage to multiple pump motors and associated electrical components while the pumps were operating.
Extent of Damage
As a result of the Phase B failure:
• Pump/Motor #1 suffered catastrophic internal electrical damage while running and later arc-flashed upon restart.
• Pump/Motor #2 automatically started after Pump #1 failed and experienced severe internal damage due to the same phase loss.
• Pump/Motor #3 is currently inoperable and requires additional electrical components and inspection before it can be safely evaluated.
• Multiple electrical components within the motor control center (breakers, starters, contactors, bus components, and protective devices) were damaged and required replacement or temporary reconfiguration.
Response and Repairs
Repairs were executed in three phases to stabilize the station, restore partial operation, and begin full system recovery:
• Phase I – Emergency Response & Utility Repairs:
Identification of the Phase B failure, coordination with SCE, replacement of damaged bus components, and restoration of incoming utility power.
• Phase II – Temporary Restoration of Service:
Procurement and installation of a replacement motor, temporary reconfiguration of electrical components, installation of protective relays, and return of Pump #1 to service to maintain station operation. • Phase III – Ongoing Repairs and Upgrades:
Rewinding and rebuilding of Pump/Motor #2 (custom motor), pump rehabilitation, installation of new soft starters, replacement of remaining damaged electrical components, and preparation for safe operation of Pumps #2 and #3. This work is currently in progress and subject to equipment lead times. 93 City of Adelanto 9 Woodard & Curran, Inc.
1Adelanto Water MOR January 2026 January 2026
Currently, Pump #1 is operational, but additional panel upgrades are still required to fully protect the station from future power anomalies. Pumps #2 and #3 remain out of service pending completion of repairs and installation of remaining electrical components.
Financial Summary
The total cost for emergency response, repairs, and ongoing restoration efforts is $179,257, broken down as follows:
• Phase I: $5,736
• Phase II: $55,512
• Phase III: $118,009
SCE Claim Status
The City has filed a claim with Southern California Edison to recover costs associated with the Phase B utility failure.
Once all equipment repairs and inspections are complete, we will submit the final supporting documentation, including motor assessments, repair invoices, and contractor reports, to complete the claims process.
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Well 16 Rehabilitation Project: Completed
See Attached Report
Install Protective Barrier around Well 14 and Well 4G: Completed See Attached Report
Scheduled Projects:
- Water Treatment Plant Filtration Media Inspection – In Progress - Well 14 Assessment: Troubleshoot Electrical, Equipment for Additional Production – In Progress Table 6-1
Our team has addressed several challenges that we will discuss with the City in more detail following further investigation.
Location Equipment Possible Issue Notes
1200 Booster
Station
Booster #1 The equipment must be upgraded to
comply with applicable codes and
regulations
*Electrical/MCC Completed
1200 Booster
Station
Booster #2 The equipment is
semi-operational
but not
recommended.
The equipment must be upgraded to
comply with applicable codes and
regulations
*Electrical/MCC Completed
& Pump Operational
1200 Booster
Station
Booster #3 Inoperable –
Status Unknown
The equipment must be upgraded to
comply with applicable codes and
regulations
1200 Booster
Station
Roof Leaks *Completed
1200 Booster
Station
N. Booster Pump
#4
Not piped into new booster manifold;
connected to a transmission main that
has been abandoned.
1200 Booster
Station
N. Booster Pump
#5
Has run log from 2016 – Status
Unknown
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Location Equipment Possible Issue Notes
Lower Booster
Station
Booster Pump #1 Needs sample port installed
Lower Booster
Station
Booster Pump #2 Inoperable – Status Unknown
Lower Booster
Station
Booster Pump #3 Hour Meter – Inoperable
Lower Booster
Station
Booster Pump #4 Mechanical Seal;
other
LOTO
Lower Booster
Station
Booster Pump #5 Leak near concrete on tank side
Lower Booster
Station
Booster Pump #6 Pressure switch broken – Status
Unknown
Lower Booster
Station
Booster Pump #7 Possible Electrical
issue; Motor get
hot
Relatively new VFD
Lower Booster
Station
PRV #2 Needs to be
serviced
Upper Booster
Station
Booster Pump #1
Rehabilitated never put into service.
Status Unknown. Layne did work. SR
hasn't run it.
Upper Booster
Station
Booster Pump #2 Inoperable – Status Unknown
Upper Booster
Station
PRV Turns
counterclockwise
instead of
clockwise
Back feeds from 5M to 3M
Upper Booster
Station
Mag Meter SCADA doesn’t
recognize
Gauge inside; very heavy access hatch
Well Field Well 14A Hour meter inoperable
Well Field Well 4G Hour meter inoperable
Well Field Well 1G Hour meter inoperable
WTP FI600 Flow Meter Believed to ghost high; shuts off WTP WTP PDI 400 Pressure
Indicator
Calibration issue
or BW procedure
Doesn’t read properly to SCADA; may
not be reading correctly in the field.
WTP Raw Water Pump
P502
Pumps at reduced
capacity bs P501
WTP Raw Water Media
Trap
Removes fine particulates; Used to
remove sand in trap - Replace
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WTP Effluent Filter
Media Trap
Removes fine particulates – Replace
Location Equipment Possible Issue Notes
WTP Filter Valves Limit Switch
Adjustment
Lim Torque
WTP PI500 Pressure Calibration
WTP Fl700 Flow Meter Inoperable Decant Flow
WTP Backwash Settling
Tank
Level Transducer
inaccurate
Tank overflows @12ft, Tank ~25ft
WTP No idea where overflow/decant flow to
WTP P701 Sludge
Pumps
Inoperable – Status Unknown
WTP P702 Sludge
Pumps
Inoperable – Status Unknown
WTP Eye Wash Station Leaks H&S Audit Item
*Completed
WTP
Backwash
Isolation Point
18” Rising
Stem/Cla Valves
Corroded
Status Unknown
Field PRV #1 New/Rehab: 2024
Field PRV #3 Closed/Failed
Open – Needs To
Be Repaired
Recommended replacing/middle of
street
Field PRV #4 Abandoned Isolated – Lots of Sand, Steel Plate Field PRV #5 No Isolation on
High End
Not Been Serviced; Underground – In
the Road
Field North Area No Pressure
Monitoring
N. Area of City
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7. PERSONNEL
The City of Adelanto is supported by a dedicated team of six (6) full-time on-site personnel; however, two are presently vacant as the recruitment process for qualified candidates is underway. In addition, both the City and the on-site team are backed by a broad network of technical and administrative experts from Woodard & Curran.
Onsite Staff
Daniel Peralta - Project Manager
Salvador Ruiz - Lead Operator
Brandon McGill - Lead Operator
Edward Rodriguez - Operator
Samuel Ramirez - Operator
Vacancy - Operator
Additional Support Staff
Chris McMahon – Area Manager
Dave Kitzmiller – Operations Leader-Western U.S.
Marc Thomas – National Operations Leader
Anthony Naccarato – Client Services Manager
Leilah Johnson – Transition Manager
Steve Lindemann – O&M Health & Safety Manager
Renae Schield – Health & Safety Specialist
Alan Fabiano – O&M Technology Manager
Ken Davis – Asset Management Services Manager
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8. BUDGET
99 100
101
102
103
104
105
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110
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ADELANTO #16 RUN 2
14'' Casing
0' - 890'
SWL Depth
373.6'
206-241.7' - 36' patch covering 1st section of louvers (1) FF Louvers
210 - 250'
Downview visibiltiy cloudy in well-SV visibility poor
560'-Light buildup & mud material residual
FF Louvers
561.6 - 581.6' 561.7'-Potential enlarged louver
562.1'-Possible enlarged louver
FF Louvers
622 - 752'
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122
123
124
125
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128
129
130
State of California -- Health and Human Services Agency Department of Public Health
MONTHLY SUMMARY OF DISTRIBUTION SYSTEM COLIFORM MONITORING Drinking Water Program
(including triggered source monitoring for systems subject to the Groundwater Rule) System Name System Number
Sampling Period
Year
Month
1. Routine Samples (see note 1) 0 0
2. Repeat Samples following Samples that are Total Coliform Positive and Fecal/E.coli Negative (see notes 5 and 6) 0 0
3. Repeat Samples following Routine Samples that are
Total Coliform Positive and Fecal/E.coli Positive
(see notes 5 and 6) 0 0
4. MCL Computation for Total Coliform Positive Samples
a. Totals (sum of columns) 0 0
b. If 40 or more samples collected in month, determine
percent of samples that are total coliform positive
[(total number positive/total number collected) x 100] = % c. Is system in compliance… …with fecal/E. coli MCL?
(see notes 2 and 3) Yes No
…with monthly MCL? Yes No
(see note 4)
5. Source Samples Triggered by Routine Samples that are Total Coliform Positive 0 0 (This applies only to systems subject to the Groundwater Rule - see notes 7 and 8)
6. Invalidated Samples
(Note what samples, if any, were invalidated; who authorized the invalidation; and when replacement samples were collected. Attach additional sheets, if necessary.)
7. Summary Completed By:
Signature Title Date
NOTES AND INSTRUCTIONS:
1. Routine samples include:
a. Samples required pursuant to 22 CCR Section 64423 and any additional samples required by an approved routine sample siting plan established pursuant to 22 CCR Section 64422. b. Extra samples are required for systems collecting less than five routine samples per month that had one or more total coliform positives in previous month; c. Extra samples for systems with high source water turbidities that are using surface water or groundwater under direct influence of surface water and do not practice filtration in compliance with regulations;
2. Note: For a repeat sample following a total coliform positive sample, any fecal/E.coli positive repeat (boxed entry) constitutes an MCL violation and requires immediate notification to the Department (22, CCR, Section 64426.1).
3. Note: For repeat sample following a fecal/E.coli positive sample, any total coliform positive repeat (boxed entry) constitutes an MCL violation and requires immediate notification to the Department (22, CCR, Section 64426.1).
4. Total coliform MCL (Notify Department within 24 hours of MCL violation):
a. For systems collecting less than 40 samples, if two or more samples are total coliform positive, then the MCL is violated. b. For systems collecting 40 or more samples, if more than 5.0 percent of samples collected are total coliform positive, then the MCL is violated.
5. Positive results and their associated repeat samples are to be tracked on the Coliform Monitoring Worksheet.
6. Repeat samples must be collected within 24 hours of being notified of the positive results. For systems collecting more than one routine sample per month, three repeat samples must be collected for each total coliform positive sample. For systems collecting one or fewer routine samples per month, four repeat samples must be collected for each total coliform positive sample.
7. For systems subject to the Groundwater Rule: Positive results and the associated triggered source samples are to be tracked on the Coliform Monitoring Worksheet.
8. For triggered sample(s) required as a result of a total coliform routine positive sample, an E.coli, enterococci, or coliphage positive triggered sample (boxed entry) requires immediate notification to the Department, Tier 1 public notification, and corrective action. 10/2009 - 8477 0 0
January 2026
City Of Adelanto CA3610001
Number
Collected
Number
Required
48 Number Fecal/
E.coli Positives
Number Total
Coliform Positives
48 Project Manager 2/19/2026
48 0
0 48
131
Triggered Source Samples 8
TC- TC+BUT
FC/EC1 ( + / - ) ( + / - )
2 ( + / - ) ( + / - )
3 ( + / - ) ( + / - )
4 ( + / - ) ( + / - )
1 ( + / - ) ( + / - )
2 ( + / - ) ( + / - )
3 ( + / - ) ( + / - )
4 ( + / - ) ( + / - )
1 ( + / - ) ( + / - )
2 ( + / - ) ( + / - )
3 ( + / - ) ( + / - )
4 ( + / - ) ( + / - )
1 ( + / - ) ( + / - )
2 ( + / - ) ( + / - )
3 ( + / - ) ( + / - )
4 ( + / - ) ( + / - )
1 ( + / - ) ( + / - )
2 ( + / - ) ( + / - )
3 ( + / - ) ( + / - )
4 ( + / - ) ( + / - )
1 ( + / - ) ( + / - )
2 ( + / - ) ( + / - )
3 ( + / - ) ( + / - )
4 ( + / - ) ( + / - )
1 ( + / - ) ( + / - )
2 ( + / - ) ( + / - )
3 ( + / - ) ( + / - )
4 ( + / - ) ( + / - )
1 ( + / - ) ( + / - )
2 ( + / - ) ( + / - )
3 ( + / - ) ( + / - )
4 ( + / - ) ( + / - )
1 ( + / - ) ( + / - )
2 ( + / - ) ( + / - )
3 ( + / - ) ( + / - )
4 ( + / - ) ( + / - )
NOTES AND INSTRUCTIONS:
6. Repeat samples must be collected within 24 hours of being notified of the positive results. For systems collecting more than one routine sample per month, three repeat samples must be collected for each total coliform positive sample. For systems collecting one or fewer routine samples per month, four repeat samples must be collected for each total coliform positive sample.
8. For triggered sample(s) required as a result of a total coliform routine positive sample, an E.coli , enterococci, or coliphage positive triggered sample (boxed entry) requires immediate notification to the Department, Tier 1 public notification, and corrective action.
Include location and indicate if the routine sample was either positive or negative for E.coli or Fecal Coliforms.
10. For systems serving ≤ 1000 persons that collect one or fewer routine samples per month, a triggered source water sample may be used as the fourth repeat, as noted in an approved plan, if E. coli was the indicator used. Show result in GW source column too.
11. The Department recommends using E. coli (see note 8). If enterococci or coliphage is used, note which in the comment box below.
12. Circle the appropriate result.
Comments:
9. Also include any data for positive samples that occurred in the previous month that led to repeat monitoring occurring in the reporting month.
Abbreviations: TC = Total Coliform, FC = Fecal Coliform, EC = E. coli ( + / - )
( + / - )
( + / - )
( + / - )
( + / - )
( + / - )
( + / - )
Coliform Results (Check one box)
( + / - )
( + / - )
TC+AND
FC/EC+
COLIFORM MONITORING WORKSHEET Page _________ of _______________ ( COMPLETED FOR POSITIVE ROUTINE SAMPLES, ALL REPEAT SAMPLES, AND ALL TRIGGERED SOURCE SAMPLES) Report Month __________ Year___________ Routine Samples 9 Repeat Samples 6
Source
Sample Date
Groundwater Source(s)
Sampled
12TC
Results
11,12E. coli
Results
TC+
Sample
Date
TC+ Sample
Site ID
12EC/FC
Results
Repeat
Collection
Date
Repeat Sample Site
IDs 10
132
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Quarterly - Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
01/08/2026
Edward Rodriguez
01/08/2026 14:25
01/20/2026
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G26A083-01 09:27 17909 Adelanto Rd 0.35 A A <1
G26A083-02 09:41 11206 Chaparral Rd 0.41 A A <1
G26A083-03 10:01 18288 Larkspur Rd 0.32 A A <1
G26A083-04 10:24 10422 Pony Express 0.30 A A <1
G26A083-05 10:44 19014 Janine St 0.63 A A <1
G26A083-06 11:00 15137 Ivy Ct 0.59 A A <1
G26A083-07 11:21 11156 Blue Mesa Ave 0.63 A A <1
G26A083-08 11:39 14571 Palo Verde Ct 0.68 A A <1
G26A083-09 12:01 11099 Star St 0.71 A A <1
G26A083-10 12:26 11771 Dana Dr 0.66 A A <1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 3 Kristal Escobar
Laboratory Supervisor
133
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Quarterly - Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
01/08/2026
Edward Rodriguez
01/08/2026 14:25
01/20/2026
Result Analyte Method Units Prepared Analyzed Batch
11099 Star St G26A083-09 (Water) Sample Date: 01/08/26 12:01 Sampler: Edward Rodriguez Rep. Limit Qualifier
Field Analyses
Cl Res Free (Field) Field 0.71 mg/L 01/08/26 01/08/26 2602056 General Physical Analyses
Apparent Color SM 2120BM <3.0 Color Units 3.0 01/08/26 01/08/26 2602065 Odor Threshold EPA 140.1-M 1 1 TON 01/08/26 01/08/26 2602065 Turbidity EPA 180.1 <0.1 NTU 0.10 01/08/26 01/08/26 2602065 P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 2 of 3 Kristal Escobar
Laboratory Supervisor
134
135
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: Adelanto Water
G26A083
Work Order:
01/08/26 15:40
26A0777
Reported:
Received:
01/19/26
Clinical Laboratory of San Bernardino, Inc.
Celebrating 50 Years of Analytical Service 1967-2017
Analyte Method Result Units Prepared Analyzed Batch
G26A083-05 (19014 Janine St) 26A0777-01 (Water) Sample Date: 01/08/26 10:44 Sampler: Edward Rodriguez Rep. Limit MCL Qualifier
Trihalomethanes Analyses
Bromodichloromethane EPA 524.2 ND 1.0 ug/L 01/13/26 01/14/26 2603144 Bromoform EPA 524.2 1.0 1.0 ug/L 01/13/26 01/14/26 2603144 Chloroform (Trichloromethane) EPA 524.2 ND 1.0 ug/L 01/13/26 01/14/26 2603144 Dibromochloromethane EPA 524.2 1.0 1.0 ug/L 01/13/26 01/14/26 2603144 Total Trihalomethanes (TTHM) EPA 524.2 2.0 1.0 80 ug/L 01/13/26 01/14/26 2603144 Surrogate: Bromofluorobenzene EPA 524.2 81 % 01/13/26 01/14/26 2603144 Surrogate: 1,2-Dichlorobenzene-d4 EPA 524.2 84 % 01/13/26 01/14/26 2603144 Haloacetic Acids Analyses
Dibromoacetic Acid EPA 552.2 ND 1.0 ug/L 01/13/26 01/13/26 2603105 Dichloroacetic Acid EPA 552.2 ND 1.0 ug/L 01/13/26 01/13/26 2603105 Monobromoacetic Acid EPA 552.2 ND 1.0 ug/L 01/13/26 01/13/26 2603105 Monochloroacetic Acid EPA 552.2 ND 2.0 ug/L 01/13/26 01/13/26 2603105 Trichloroacetic Acid EPA 552.2 ND 1.0 ug/L 01/13/26 01/13/26 2603105 Total Haloacetic Acids (HAA5) EPA 552.2 ND 1.0 60 ug/L 01/13/26 01/13/26 2603105 Surrogate: 2,3-Dibromopropionic Acid EPA 552.2 76 % 01/13/26 01/13/26 2603105 Analyte Method Result Units Prepared Analyzed Batch
G26A083-10 (11771 Dana Dr) 26A0777-02 (Water) Sample Date: 01/08/26 12:26 Sampler: Edward Rodriguez Rep. Limit MCL Qualifier
Trihalomethanes Analyses
Bromodichloromethane EPA 524.2 ND 1.0 ug/L 01/13/26 01/14/26 2603144 Bromoform EPA 524.2 ND 1.0 ug/L 01/13/26 01/14/26 2603144 Chloroform (Trichloromethane) EPA 524.2 ND 1.0 ug/L 01/13/26 01/14/26 2603144 Dibromochloromethane EPA 524.2 1.1 1.0 ug/L 01/13/26 01/14/26 2603144 Total Trihalomethanes (TTHM) EPA 524.2 1.1 1.0 80 ug/L 01/13/26 01/14/26 2603144 Surrogate: Bromofluorobenzene EPA 524.2 85 % 01/13/26 01/14/26 2603144 Surrogate: 1,2-Dichlorobenzene-d4 EPA 524.2 85 % 01/13/26 01/14/26 2603144 Haloacetic Acids Analyses
Dibromoacetic Acid EPA 552.2 ND 1.0 ug/L 01/13/26 01/13/26 2603105 Dichloroacetic Acid EPA 552.2 ND 1.0 ug/L 01/13/26 01/13/26 2603105 Monobromoacetic Acid EPA 552.2 ND 1.0 ug/L 01/13/26 01/13/26 2603105 Monochloroacetic Acid EPA 552.2 ND 2.0 ug/L 01/13/26 01/13/26 2603105 Trichloroacetic Acid EPA 552.2 ND 1.0 ug/L 01/13/26 01/13/26 2603105 Total Haloacetic Acids (HAA5) EPA 552.2 ND 1.0 60 ug/L 01/13/26 01/13/26 2603105 Surrogate: 2,3-Dibromopropionic Acid EPA 552.2 84 % 01/13/26 01/13/26 2603105 ND Analyte NOT DETECTED at or above the reporting limit
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088
136
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: Adelanto Water
G26A083
Work Order:
01/08/26 15:40
26A0777
Reported:
Received:
01/19/26
Clinical Laboratory of San Bernardino, Inc.
Celebrating 50 Years of Analytical Service 1967-2017
Isabel Navarro
Project Manager
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088
137
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139
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 2 Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
01/15/2026
Edward Rodriguez
01/15/2026 13:15
01/20/2026
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G26A175-01 08:24 11815 Hardy Ave 0.45 A A <1
G26A175-02 08:53 10518 Chevron 0.48 A A 1
G26A175-03 09:25 10407 Vintage 0.47 A A <1
G26A175-04 09:56 9351 Industrial 0.40 A A <1
G26A175-05 10:16 15620 Joshua Road (High School) 0.64 A A <1 G26A175-06 10:35 10850 Rose Place 0.66 A A <1
G26A175-07 10:52 14283 Ivy St 0.64 A A 1
G26A175-08 11:17 14202 Sandy Ridge Ct 0.71 A A <1
G26A175-09 11:35 11688 Begonia Rd 0.72 A A <1
G26A175-10 12:01 11771 Dana Dr 0.67 A A <1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 3 Kristal Escobar
Laboratory Supervisor
140
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 2 Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
01/15/2026
Edward Rodriguez
01/15/2026 13:15
01/20/2026
Result Analyte Method Units Prepared Analyzed Batch
10407 Vintage G26A175-03 (Water) Sample Date: 01/15/26 9:25 Sampler: Edward Rodriguez Rep. Limit Qualifier
Field Analyses
Cl Res Free (Field) Field 0.47 mg/L 01/15/26 01/15/26 2603039 General Physical Analyses
Apparent Color SM 2120BM <3.0 Color Units 3.0 01/15/26 01/15/26 2603044 Odor Threshold EPA 140.1-M 1 1 TON 01/15/26 01/15/26 2603044 Turbidity EPA 180.1 <0.1 NTU 0.10 01/15/26 01/15/26 2603044 P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 2 of 3 Kristal Escobar
Laboratory Supervisor
141
142
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Quarterly - Wells
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
01/15/2026
Salvador Ruiz
01/15/2026 13:15
01/27/2026
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G26A177-01 11:30 Well 1G 0.02 A A 9
G26A177-02 11:50 Well 3G2 0.02 A A 1
G26A177-03 12:00 Well 8G2 0.89 A A 3
G26A177-04 08:30 Well 15 0.06 A A <1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 2 Kristal Escobar
Laboratory Supervisor
143
144
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: Adelanto Water
G26A177
Work Order:
01/15/26 15:00
26A1581
Reported:
Received:
01/27/26
Clinical Laboratory of San Bernardino, Inc.
Celebrating 50 Years of Analytical Service 1967-2017
Analyte Method Result Units Prepared Analyzed Batch
G26A177-01 (Well 1G) 26A1581-01 (Water) Sample Date: 01/15/26 11:30 Sampler: Salvador Ruiz Rep. Limit MCL Qualifier
General Chemical Analyses
Fluoride (F) EPA 300.0 0.42 0.10 2 mg/L 01/22/26 01/22/26 2604156 Metals
Iron (Fe) EPA 200.7 ND 100 300 ug/L 01/16/26 01/19/26 2603232 Manganese (Mn) EPA 200.7 54 20 50 ug/L 01/16/26 01/19/26 2603232 Analyte Method Result Units Prepared Analyzed Batch
G26A177-02 (Well 3G2) 26A1581-02 (Water) Sample Date: 01/15/26 11:50 Sampler: Salvador Ruiz Rep. Limit MCL Qualifier
General Chemical Analyses
Fluoride (F) EPA 300.0 0.51 0.10 2 mg/L 01/22/26 01/22/26 2604156 Metals
Iron (Fe) EPA 200.7 ND 100 300 ug/L 01/16/26 01/19/26 2603232 Manganese (Mn) EPA 200.7 ND 20 50 ug/L 01/16/26 01/19/26 2603232 Analyte Method Result Units Prepared Analyzed Batch
G26A177-03 (Well 8G2) 26A1581-03 (Water) Sample Date: 01/15/26 12:00 Sampler: Salvador Ruiz Rep. Limit MCL Qualifier
General Chemical Analyses
Fluoride (F) EPA 300.0 0.34 0.10 2 mg/L 01/22/26 01/22/26 2604156 Metals
Iron (Fe) EPA 200.7 ND 100 300 ug/L 01/21/26 01/21/26 2604113 Manganese (Mn) EPA 200.7 710 20 50 ug/L 01/21/26 01/21/26 2604113 Analyte Method Result Units Prepared Analyzed Batch
G26A177-04 (Well 15) 26A1581-04 (Water) Sample Date: 01/15/26 8:30 Sampler: Salvador Ruiz Rep. Limit MCL Qualifier
General Chemical Analyses
Fluoride (F) EPA 300.0 0.80 0.10 2 mg/L 01/22/26 01/22/26 2604156 Metals
Iron (Fe) EPA 200.7 ND 100 300 ug/L 01/16/26 01/19/26 2603232 Manganese (Mn) EPA 200.7 ND 20 50 ug/L 01/16/26 01/19/26 2603232 ND Analyte NOT DETECTED at or above the reporting limit
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088
145
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: Adelanto Water
G26A177
Work Order:
01/15/26 15:00
26A1581
Reported:
Received:
01/27/26
Clinical Laboratory of San Bernardino, Inc.
Celebrating 50 Years of Analytical Service 1967-2017
Isabel Navarro
Project Manager
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088
146
147
148
149
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 3 - I&M Treatment Plant
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
01/20/2026
Edward Rodriguez
01/20/2026 15:13
01/28/2026
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G26A217-01 09:02 Filter Effluent 1.88 A A <1
G26A217-02 08:10 Front Pump House 1.25 A A 1 [1]
A - Absence of Bacteria
P - Presence of Bacteria
[1] HT-08 Analysis performed outside of recommended 8 hour hold time but within required 24 hour hold time.
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 2 Kristal Escobar
Laboratory Supervisor
150
151
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: Adelanto Water
G26A217
Work Order:
01/20/26 16:20
26A1975
Reported:
Received:
01/27/26
Clinical Laboratory of San Bernardino, Inc.
Celebrating 50 Years of Analytical Service 1967-2017
Analyte Method Result Units Prepared Analyzed Batch
G26A217-01 (Filter Effluent) 26A1975-01 (DW) Sample Date: 01/20/26 9:02 Sampler: Edward Rodriguez Rep. Limit MCL Qualifier
Metals
Iron (Fe) EPA 200.7 ND 100 300 ug/L 01/22/26 01/22/26 2604179 Manganese (Mn) EPA 200.7 ND 20 50 ug/L 01/22/26 01/22/26 2604179 Analyte Method Result Units Prepared Analyzed Batch
G26A217-02 (Front Pump House) 26A1975-02 (DW) Sample Date: 01/20/26 8:10 Sampler: Edward Rodriguez Rep. Limit MCL Qualifier
General Chemical Analyses
Fluoride (F) EPA 300.0 0.33 0.10 2 mg/L 01/23/26 01/23/26 2604207 Metals
Arsenic (As) EPA 200.8 ND 2.0 10 ug/L 01/22/26 01/22/26 2604166 Iron (Fe) EPA 200.7 ND 100 300 ug/L 01/22/26 01/22/26 2604179 Manganese (Mn) EPA 200.7 ND 20 50 ug/L 01/22/26 01/22/26 2604179 ND Analyte NOT DETECTED at or above the reporting limit Isabel Navarro
Project Manager
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088
152
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153
154
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 4 Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
01/27/2026
Salvador Ruiz
01/27/2026 15:05
02/02/2026
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
G26A306-01 11:33 11000 Cortez Ave 0.74 A A
G26A306-02 11:06 10518 Chevron 0.86 A A
G26A306-03 10:43 9957 Payne 1.02 A A
G26A306-04 10:21 17451-2 Raccoon Ave 0.46 A A
G26A306-05 09:51 9351 Industrial 1.03 A A
G26A306-06 09:29 10850 Rose Place 0.71 A A
G26A306-07 09:03 10814 Pemberton 0.64 A A
G26A306-08 08:36 10668 Thorndale 0.74 A A
G26A306-09 08:18 14283 Ivy St 0.70 A A
G26A306-10 07:50 10982 Wilson Ave 0.72 A A
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 3 Kristal Escobar
Laboratory Supervisor
155
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 4 Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
01/27/2026
Salvador Ruiz
01/27/2026 15:05
02/02/2026
Result Analyte Method Units Prepared Analyzed Batch
11000 Cortez Ave G26A306-01 (Water) Sample Date: 01/27/26 11:33 Sampler: Salvador Ruiz Rep. Limit Qualifier
Field Analyses
Cl Res Free (Field) Field 0.74 mg/L 01/27/26 01/27/26 2605031 General Physical Analyses
Apparent Color SM 2120BM <3.0 Color Units 3.0 01/27/26 01/27/26 2605038 Odor Threshold EPA 140.1-M 1 1 TON 01/27/26 01/27/26 2605038 Turbidity EPA 180.1 <0.1 NTU 0.10 01/27/26 01/27/26 2605038 P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 2 of 3 Kristal Escobar
Laboratory Supervisor
156
157
Woodard & Curran - Adelanto Water
Adelanto, CA 92301
11780 Air Expressway
Chris Mcmahon
04 February 2026
Sincerely,
Geo-Monitor Lab No.: G26A307
Enclosed are the results of the analyses for sample(s) received at the laboratory on 01/27/26 . These sample(s) were analyzed at a sub-contract laboratory, with the final reports indicating the analyzing/reporting laboratory.
If applicable, these final reports will also indicate any state EDT transfer that has occurred. Please call if any additional information and/or assistance are needed.
Thank you for choosing Geo-Monitor, Inc for your analytical needs.
Project Name: Adelanto Water
Kristal Escobar
Laboratory Supervisor
Geo-Monitor, Inc.
158
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 4 - I&M Treatment Plant
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
01/27/2026
Edward Rodriguez
01/27/2026 15:05
02/04/2026
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
G26A307-01 08:04 Filter Effluent 1.36 A A
G26A307-02 08:30 Front Pump House 1.06 A A
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 2 of 4 Kristal Escobar
Laboratory Supervisor
159
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 4 - I&M Treatment Plant
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
01/27/2026
Edward Rodriguez
01/27/2026 15:05
02/04/2026
Result Analyte Method Units Prepared Analyzed Batch
Filter Effluent G26A307-01 (DW) Sample Date: 01/27/26 8:04 Sampler: Edward Rodriguez Rep. Limit Qualifier
Field Analyses
Cl Res Free (Field) Field 1.36 mg/L 01/27/26 01/27/26 2605032 Metals
Manganese (Mn) EPA 200.7 ND ug/L 20 02/03/26 02/03/26 2606073 Iron (Fe) EPA 200.7 ND ug/L 100 02/03/26 02/03/26 2606073 Result Analyte Method Units Prepared Analyzed Batch
Front Pump House G26A307-02 (DW) Sample Date: 01/27/26 8:30 Sampler: Edward Rodriguez Rep. Limit Qualifier
Field Analyses
Cl Res Free (Field) Field 1.06 mg/L 01/27/26 01/27/26 2605032 General Chemical Analyses
Fluoride (F) EPA 300.0 0.38 0.10 mg/L 01/28/26 01/28/26 2605115 Metals
Manganese (Mn) EPA 200.7 ND ug/L 20 02/03/26 02/03/26 2606073 Iron (Fe) EPA 200.7 ND ug/L 100 02/03/26 02/03/26 2606073 Arsenic (As) EPA 200.8 ND ug/L 2.0 01/30/26 02/02/26 2605221 P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 3 of 4 Kristal Escobar
Laboratory Supervisor
160
161
Project:
Client:
Adelanto CA, 92301
Chris Mcmahon
11780 Air Expressway
Woodard & Curran - Adelanto Water
Reported:
01/30/26
Received:
Sampled:
RESULTS
Sampler: Salvador Ruiz
Contact:
Phone:
Fax:
System:
(620) 474-7310
02/02/26
CA3610001
Adelanto Water
Sub Project: Week 4 Distribution System
01/30/26 11:47
Geo-Monitor, Inc.
Laboratory Sample Sample Cl Res Free (Field) Plate Count ID Time Location mg/L CFU/ml
G26A339-01 7:06 11000 Cortez Ave 0.79 <1
G26A339-02 7:38 10518 Chevron 0.74 <1
G26A339-03 8:01 9957 Payne 0.68 <1
G26A339-04 8:40 17451-2 Raccoon Ave 0.81 <1
G26A339-05 8:59 9351 Industrial 0.76 <1
G26A339-06 9:26 10850 Rose Place 0.80 <1
G26A339-07 9:43 10814 Pemberton 0.40 <1
G26A339-08 10:01 10668 Thorndale 0.45 <1
G26A339-09 10:43 14283 Ivy St 0.38 <1
G26A339-10 11:04 10982 Wilson Ave 0.41 1
Kristal Escobar
Laboratory Supervisor
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 2 162
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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: March 11, 2026
TO: Honorable Chairman and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Diana Gunn – Finance Manager
SUBJECT: RECEIVE AND FILE THE AUTHORITY’S ANNUAL AUDIT REPORT AND FINANCIAL STATEMENT FOR THE FISCAL YEAR ENDED JUNE 30, 2024
STAFF RECOMMENDATION:
It is recommended that the Adelanto Public Utility Authority Board receive and file the Authority’s annual audit report and financial statement for the fiscal year ended June 30, 2024.
BACKGROUND:
The audit of the Authority’s financial statements for Fiscal Year 2023-2024 (FY23-24) has been completed by the independent auditor, The Pun Group Accountants & Advisors. The financial statements are intended to reflect the financial position and changes in financial position of the Authority, which are briefly summarized below.
The Authority’s Water and Wastewater funds had total revenues of $22,081,607 and expenses of $19,150,205 resulting in revenues over expenses net gain of $2,931,402 before transfers.
The Authority’s total fund balance as of June 30, 2024 were $37,606,255, categorized as follows:
Nonspendable: $13,626,153
Unassigned: $23,980,102
The first category, Nonspendable is not in liquid form and therefore cannot be used to pay operating expenses. The second category, Unassigned, available for operations, decreased by $634,270 from the prior year balance of $24,614,372.
FISCAL IMPACT:
The Authority completed the fiscal year with revenues exceeding expenses by $2,931,402 before transfers. The available Unassigned fund balance decreased by $634,270 compared to the prior fiscal year.
ATTACHMENTS:
1. Fiscal Year 2023-2024 Annual Financial Report
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1 CITY COUNCIL AGENDA REPORT
DATE:
March 11, 2026
TO: Honorable Mayor and Members of the City Council
FROM:
THROUGH:
BY:
James C. Hirsch, Development Services Director
Nyeka Allen, Project Planner
SUBJECT: City Council adoption of Ordinance No. 660, which proposes amendments to the Adelanto Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations to ensure consistency with the applicable Government Code sections as outlined below:
Ordinance 660 – Ordinance to amend Section 17.20.080
Accessory Dwelling Units and Junior Accessory Dwelling Units to establish the regulations and procedures for the review of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in conformance with the California Government Code (Gov. Code) Title 7, Division 1, Chapter 13, Accessory Dwelling Units.
STAFF RECOMMENDATION:
ADOPT the attached Ordinance recommending that the City Council ADOPTS Ordinance 660 and APPROVE Accessory Dwelling Units and Junior Accessory Dwelling Units of Ordinance No. 660 amending Chapter 17.20 (Residential Districts) of Title 17 of the Adelanto Municipal Code, based on the findings.
ANALYSIS & REVIEW:
BACKGROUND:
Applicant: City of Adelanto
Location: City-wide
PROJECT ANALYSIS:
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
226
2 RECOMMENDATION:
Staff are recommending approval of Accessory Dwelling Units and Junior Accessory Dwelling Units of Chapter 17.20 (Residential Districts) of Title 17 of the Adelanto Municipal Code which is necessary for the City to be certified in compliance with ADU State law.
Staff are recommending approval of Ordinance No. 660 as the ordinance including necessary regulatory requirements, required for the City to be certified in compliance with the state.
Findings necessary for approval are included in the resolution and ordinance.
ENVIRONMENTAL CONSIDERATIONS:
In accordance with the California Environmental Quality Act (CEQA), an Initial Study and Draft Mitigated Negative Declaration (MND) was prepared and made available for public review on the City website from November 21, 2023 to December 21, 2023 for a 30-day review as well as distributed to relevant State agencies pursuant to State CEQA Guidelines.
This project will not have a significant effect on the environment because revisions have been made to the project to mitigate potential environmental effects to a less than significant impact on the environment.
PUBLIC NOTICE:
A public hearing notice was published in the newspaper, posted on the city website, and sent to relevant agencies. As for the writing of this report, no comments have been received by staff.
FISCAL IMPACT:
Reviewing and adopting Ordinance 660 will not have any immediate fiscal impact. However, ongoing implementation of the programs and periodic monitoring and reporting will require City staff to take actions. Any new development will be subject to development impact fees, which will be collected to fund public facilities, infrastructure improvements, and school facilities.
ATTACHMENTS:
A. Planning Commission Resolution P 26-03
B. Ordinance No. 660
C. ADU Update
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RESOLUTION NO. P-26-03
AN RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, REPEALING AND AMENDING SECTION 17.20.080 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) OF CHAPTER 17.20 (RESIDENTIAL DISTRICTS) OF TITLE 17 (ADELANTO ZONING ORDINANCE)
OF THE ADELANTO MUNICIPAL CODE IN ORDER TO UPDATE THE CITY'S
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS REGULATIONS SO THAT SUCH REGULATIONS ARE CONSISTENT WITH GOVERNMENT CODE SECTION 66326
WHEREAS, the City of Adelanto (“City”) is a municipal corporation, duly authorized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 66310-66342 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, on August 1, 2025, the City received a comment letter from the California Department of Housing and Community Development (“HCD”) regarding Ordinance No. 627, which amended Adelanto Municipal Code Section 17.20.080 Accessory Dwelling Units and Junior Accessory Dwelling Units and was adopted by the Adelanto City Council on June 22, 2022; and
WHEREAS, on September 19, 2024, Governor Newsom signed Senate Bill 1211 (SB 1211)
into law, introducing further changes to State ADU regulations; and WHEREAS, City staff have developed the necessary amendments to the ordinance to ensure compliance with Government Code section 66326; and WHEREAS, on February 4, 2026, the Planning Commission conducted a legally noticed public hearing for this Ordinance, which is attached hereto, and recommended approval of this Ordinance to the City Council after considering all oral and written testimony from members of the public and City staff, including but not limited to, all staff reports and exhibits and accompanying documents; and WHEREAS, Government Code Section 66326 requires that this Ordinance 228
RESOLUTION NO. P-26-03
February 4, 2026
be submitted to the California Department of Housing and Community Development (“HCD”) for their review; and
WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred.
THE PLANNING COMMISSION FOR THE CITY OF ADELANTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are true and correct and incorporated herein by reference.
SECTION 2. Based upon the forgoing, all oral and written presentations made by members of the public and City staff, including, but not limited to, the agenda report and its attachments or exhibits, at the public hearing on February 4, 2026 the Planning Commission hereby recommends Ordinance No. 660, which repeals and amends Section 17.20.080 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 17.20 (Residential Districts) of Title 17 of the Adelanto Municipal Code as provided in Attachment “A” of this Ordinance. Further, the Planning Commission hereby recommends City Staff to submit this Ordinance to HCD for their review pursuant to Government Code Section 66326.
SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
SECTION 4. For the foregoing reasons, the Planning Commission recommends that the City Council adopts Ordinance No. 660 amending the Accessory Dwelling Units and Junior Accessory Dwelling Units, based on the above findings.
PASSED, APPROVED AND ADOPTED by the Planning Commission this 4 th day
of February 2026.
___________________________________
Chris Waggener, Chairman
229
RESOLUTION NO. P-26-03
February 4, 2026
___________________________________
Nyeka Allen
Secretary to the Planning Commission
I, Nyeka Allen, Planning Secretary for the Planning Commission of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. P-26- 03 was duly and regularly adopted at a special meeting of the Planning Commission of the City of Adelanto on the 4
th day of February 2026, by the
following vote, to-wit:
AYES: Chair Waggener, Vice-Chair Rubalcava, Commissioners Casilla Delgado, Johnson
NOES: none
ABSENT: none
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 4
th day of February 2026.
___________________________________
Nyeka Allen,
Secretary to the Planning Commission
Attachment: Draft Ordinance No. 660
230
ORDINANCE NO. 660
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, REPEALING AND AMENDING SECTION 17.20.080 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) OF CHAPTER 17.20 (RESIDENTIAL DISTRICTS) OF TITLE 17 (ADELANTO ZONING ORDINANCE) OF THE
ADELANTO MUNICIPAL CODE IN ORDER TO UPDATE THE CITY'S
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS REGULATIONS SO THAT SUCH REGULATIONS ARE CONSISTENT WITH GOVERNMENT CODE SECTION 66326
WHEREAS, the City of Adelanto (“City”) is a municipal corporation, duly authorized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 66310-66342 to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, on August 1, 2025, the City received a comment letter from the California Department of Housing and Community Development (“HCD”) regarding Ordinance No. 627, which amended Adelanto Municipal Code Section 17.20.080 Accessory Dwelling Units and Junior Accessory Dwelling Units and was adopted by the Adelanto City Council on June 22, 2022; and WHEREAS, on September 19, 2024, Governor Newsom signed Senate Bill 1211 (SB 1211) into law, introducing further changes to State ADU regulations; and WHEREAS, City staff have developed the necessary amendments to the ordinance to ensure compliance with Government Code section 66326; and
WHEREAS, on February 4, 2026, the Planning Commission conducted a legally noticed public hearing for this Ordinance, which is attached hereto, and recommended approval of this Ordinance to the City Council after considering all oral and written testimony from members of the public and City staff, including but not limited to, all staff reports and exhibits and accompanying documents; and
WHEREAS, on March 11, 2026, the City Council conducted a legally noticed public hearing for this Ordinance, and has considered all oral and written testimony from members of the public and City staff, including, but not limited to, all staff reports and exhibits and accompanying documents; and
231
WHEREAS, Government Code Section 66326 requires that this Ordinance be submitted to the California Department of Housing and Community Development (“HCD”) for their review; and WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred.
THE CITY COUNCIL FOR THE CITY OF ADELANTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are true and correct and incorporated herein by reference.
SECTION 2. Compliance with CEQA. As the advisory body to the City Council, the Planning Commission has independently reviewed and considered the project exempt under the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378, that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 3. Based upon the forgoing, all oral and written presentations made by members of the public and City staff, including, but not limited to, the agenda report and its attachments or exhibits, at the public hearing on March 11, 2026 the City Council hereby approves this Ordinance No. 660, which repeals and amends Section 17.20.080 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Chapter 17.20 (Residential Districts) of Title 17 of the Adelanto Municipal Code as provided in Attachment “A” of this Ordinance. Further, the City Council hereby authorizes City Staff to submit this Ordinance to HCD for their review pursuant to Government Code Section 66326.
SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance.
The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days after adoption.
PASSED, APPROVED AND ADOPTED THIS 11th DAY MARCH, 2026. 232
____________________________________
Gabriel Reyes, Mayor of the City of Adelanto
____________________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
__________________________________________
Todd Litfin, City Attorney
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No. ____ was duly introduced for the first reading on the ___th day of ______, 2026 and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this __________
th day of _________, 2026, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on this 11th day of MARCH, 2026.
___________________________________
Brenda Lopez, City Clerk
233
1 Attachment A
Ordinance No. 660
SECTION 17.20.080 – ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (a) Purpose
The purpose of this section is to establish the regulations and procedures for the review of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in conformance with the California Government Code (Gov. Code) Title 7, Division 1, Chapter 13, Accessory Dwelling Units.
(b) Applicability
Any construction, establishment, alteration, enlargement, or modification of an ADU shall comply with the requirements of this section and Title 14 (Building Regulations). For purposes of this section, ADUs include detached, attached, and JADUs. (c) Permit Required
(1) A Building Permit is required for ADUs and JADUs (Gov. Code §66317(a)). (2) The provisions included in this section apply to all lots that (1) are zoned to allow single-family or multifamily residential uses and (2) include a proposed or existing dwelling unit (Gov. Code §66313(a)). No more than two units (including ADUs and JADUs) on a parcel created through a Senate Bill 9 (Chapter 162, Statutes of 2021) lot split shall be allowed (Gov. Code §66411.7(j)(1)).
(3) Any application for an ADU that meets the location and development standards contained in this section shall be approved ministerially without discretionary review or public hearing.
(d) Processing Time and Submittal Requirements
(1) Processing Time
a) On lots with an existing single-family or multifamily dwelling, an application to create an ADU or JADU shall be approved or denied within 60 days of submission of a complete application, unless either:
I. The permit application for the ADU or JADU is submitted concurrently with a permit application to create a new single-family or multifamily dwelling on the lot, in which case the City shall not act on the ADU or JADU permit until it acts on the primary dwelling permit; or
II. The applicant requests a delay, in which case the 60-day period shall be tolled for the period of delay.
b) If the City has not acted upon the completed application for an ADU or JADU within 60 days, and neither of the above exceptions are met, then the application for the ADU or JADU shall be deemed approved (Gov. Code §66317, subd. (a)). (2) Submittal Requirements
234
2 The application for an ADU or JADU shall be submitted to the Planning Department.
Compliance with the standards of this section shall be verified through the ministerial planning review process.
(3) Denial/Remedies
If the City denies an application for an ADU or JADU, the City will provide in writing a full set of comments within 60 days to the applicant from the date they received a completed application with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. When the primary dwelling is proposed concurrent with the ADU then more than 60 days can be taken by the City (Gov. Code §66317).
(e) Density and Consistency
An ADU that conforms to this section shall (Gov. Code §66314, subd. (c)):
(1) Not be considered for the purposes of evaluating the density requirements established in the General Plan.
(2) Be found consistent with the existing General Plan designation and zoning for the lot. (3) Not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(f) General Development and Operational Standards
(1) When a garage, carport, uncovered parking space, or covered parking structure is removed in conjunction with the construction or conversion of a detached or attached ADU, replacement parking is not required (Gov. Code §66314(d)(11)). (2) A demolition permit for a detached garage that is to be replaced with a detached or attached ADU shall be reviewed with the application for the ADU and issued at the same time (Gov. Code §66314(e)).
(3) Availability of Utilities. All ADUs shall be connected to public utilities or their equivalent, including water, electric, and sewer services, unless the ADU was constructed with a new single-family dwelling (Gov. Code §66324).
I. Utility Connections. The City may require a new or separate utility connection directly between an ADU and the utility.
II. Water and Sewer System: The City may require a water or sewer service connection directly between an ADU and the water and sewer service, or demonstration that the well and septic system is adequately sized for the new demand.
(4) Fire Sprinklers. If fire sprinklers are not required for the primary residence, then installation of fire sprinklers are not required in an ADU. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers (Gov. Code §66314(d)(12)). (5) Occupancy. Owner occupancy is not required on a property with an ADU. 235
3 (g) Rental and Sale Limitations
(1) Long-Term Rentals Only. Rental of the ADU created pursuant to this section shall be for a term longer than 30 days (Gov. Code, § 66315). Occupancy of the ADU or JADU shall not be allowed until the City approves occupancy of the primary dwelling unit (Gov. Code, § 66328).
(2) Sale and Conveyance. An ADU may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Gov. Code §66341 are met. (3) If all the requirements of Gov. Code, § 66342 are met, the separate conveyance of the primary dwelling unit and ADU are allowed as condominiums. (h) Fee Requirements
(1) For an accessory dwelling unit described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342. (Gov. Code, § 66324, subd. (d)).
For an accessory dwelling unit that is not described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (Gov. Code, § 66324, subd. (e)). (2) Impact Fees. Impact fees shall not be imposed on an ADU that is less than 750 square feet in floor area. For all other ADUs, impact fees shall be charged proportionate to the square footage of the primary dwelling unit (Gov. Code, § 66324, subd. (c)). (i) Compliance with Other Regulations
Building Code. Building code requirements for detached dwellings shall be applied to ADUs, except that the construction of an ADU shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations) ((Gov. Code, § 66314, subd. (d)(8)). (j) Conditions for Nonconforming Uses and Structures
236
4 (1) Nonconforming Conditions. Notwithstanding Section 17.165.020 of the Adelanto Municipal Code, to the contrary, until January 1, 2030, an owner of an ADU or JADU that receives a notice to correct violations or abate nuisance, in relation to the ADU or JADU, may request a delay for five years in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the local agency, subject to compliance with the Gov. Code, § 66331 and Health and Safety Code § 17980.12(a)-(c), and the following conditions:
I. The ADU or JADU was built before January 1, 2020.
II. The ADU or JADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU or JADU was built, had a noncompliant ADU or JADU ordinance, but the ordinance is compliant at the time the request is made. (2) The City shall not deny an application for a permit to create an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU in compliance with Gov. Code, § 66322, subd. (b).
(k) Number of ADUs or JADUs Permitted Per Legal Parcel or Lot An application for a permit to establish an ADU or JADU that meets at least one of the following descriptions shall be ministerially approved without a public hearing and is not subject to the development standards of this section (Gov. Code § 66317, subd. (a)). (1) One ADU and one JADU are permitted per lot within the existing or proposed space of a single-family dwelling or within an existing accessory structure, that meets specified requirements such as exterior access and setbacks for fire and safety (Gov.
Code, § 66323, subd. (a)(1)).
(2) One detached new construction ADU. One JADU may also be combined with a detached ADU (Gov. Code, § 66323, subd. (a)(2)).
(3) Multiple ADUs within the portions of multifamily dwelling structures that are not used as livable space. Local agencies must allow an amount of ADUs up to 25 percent of the dwelling units in existing multifamily dwelling structures, or a minimum of one, whichever is greater (Gov. Code, § 66323, subd. (a)(3)). (4) Up to two detached ADUs on a lot that has proposed multifamily dwellings (Gov. Code §66323(a)(4)(iii)).
(5) Up to eight detached ADUs on a lot that has existing multiple family dwellings provided that the number of ADUs does not exceed the number of existing dwelling units on the lot. (Gov. Code §66323(a)(4)(ii)).
(l) Detached ADUs
(1) Location. Detached ADUs must be accompanied by a proposed or existing singlefamily or multifamily dwelling. An existing dwelling on-site may be classified as the detached ADU after construction and occupation of a proposed dwelling on-site.
Detached ADUs may be located in an existing accessory structure. 237
5 (2) Maximum Number of Detached ADUs.
I. When accompanied by a proposed or existing single-family dwelling, the maximum number of detached ADUs shall be two. The detached ADU may be in addition to an existing or proposed attached ADU or an existing or proposed JADU (Gov. Code, § 66314, subd. (d)(2)).
II. When accompanied by an existing multifamily dwelling, the maximum number of detached ADUs shall be eight per lot, however the number of ADUs shall not exceed the number of existing dwelling units on the lot. (Gov. Code, § 66323, subd. (a)(4) (ii)). Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling (Gov.
Code, § 66323, subd. (a)(4)(A).
III. On a lot with a proposed multifamily dwelling, the maximum number of detached ADUs shall be two per lot. Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling (Gov. Code, § 66323, subd. (a)(4)(ii)).
IV. In no case shall the total number of primary dwellings and ADUs/JADUs exceed four on two parcels created via an SB 9 (Chapter 162, Statutes of 2021) lot split. (Gov. Code §§ 65852.21 and 66411.7, subd. (j)). (3) Floor Area
I. The minimum floor area shall be 150 square feet.
II. When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet (Gov. Code, § 66314, subd. (d) (5)).
(4) Minimum Setbacks.
I. The minimum side, street side, and rear-yard setback shall be 4feet, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard (Gov. Code, §§ 66314, subd. (d)(7), and 66323, subd. (a)(2)). Please see the table below for the development standards for setbacks.
Zoning Districts
Development Standard DL-9 DL-2.5/
& DL-5
R1-.5 R1 R3-8 R-S5
C. Minimum Rear Setback 25 ft. 25 ft. 5 ft. 15 ft. 10 ft. 15 ft.
D. Minimum Distance Between Buildings 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.(c) 10 ft. 238
6 (17.20.030 Development Standards. Table 20-1a Accessory Structures Setbacks) II. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU, and a setback of no more than 4 feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure (Gov. Code, § 66314, subd. (d)(7)).
(5) Maximum Height. The maximum height of detached ADUs shall be as follows (Gov.
Code, § 66321, subd. (b)(4)):
I. For one-story detached ADUs, the maximum height shall be 16 feet. Where the detached ADU is within one-half-mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code, or with an existing or proposed multifamily dwelling of more than one story, the maximum height shall be 18 feet.
II. For two-story detached ADUs, the maximum height shall be 25 feet.
III. Height Exceptions.
a) An additional two feet in height shall be allowed to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit.
b) When an existing accessory structure is converted to a detached ADU, the maximum height may exceed the limits of Section 5.1 to an amount equal to the height of the existing accessory structure to be converted. (6) Parking
I. Parking Requirements. A maximum of one parking space shall be required per ADU or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway or in front and/or rear setback areas. (Gov.
Code, § 66314, subd. (d) (10)).
II. Exceptions. No parking shall be required for ADUs in any of the following instances (Gov. Code, §§ 66314, subd. (b)(2), and 66322, subd. (a)):
a) The ADU is within one-half-mile walking distance of public transit. b) The ADU is within an architecturally and historically significant historic district.
c) The ADU is part of the proposed or existing primary residence or an accessory structure.
d) When on-street parking permits are required but not offered to the occupant(s) of the ADU.
e) There is a car-share vehicle within one block of the ADU. f) When a permit application for the ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Gov. Code§ 66322, subd. (a)).
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7 (7) Development Standards. Detached ADUs shall comply with all applicable base zone district objective development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800-square-foot detached ADU.
(m) Attached ADUs
(1) Location. Attached ADUs must be accompanied by a proposed or existing singlefamily or multifamily dwelling. (2) Maximum Number of Attached ADUs.
I. When accompanied by a proposed or existing single-family dwelling, the maximum number of attached ADUs shall be one. The attached ADU may be in addition to an existing or proposed detached ADU and/or an existing or proposed JADU (Gov. Code § 66323, subd. (a)(1–2).
II. When accompanied by a proposed or existing multifamily dwelling, the maximum number of attached ADUs allowed shall be no more than 25 percent of the number of existing or proposed multifamily units. However, in no case shall less than one attached ADU be allowed (Gov. Code, § 66323, subd. (a)(3)).
III. In no case shall the total number of primary dwelling and ADUs exceed five on any given lot zoned for single-family residential uses (Gov. Code, § 66411.7, subd (j)).
(3) Floor Area
I. The minimum floor area shall be 150 square feet.
II. Single-family Attached ADU (Gov. Code, § 66323, subd. (a)(1)(A)). a) The existing primary dwelling unit floor area may expand up to 150 square feet.
b) If the ADU expands the existing primary dwelling more than 150 square feet, then the floor area shall not exceed 50 percent of the living area of the existing primary dwelling unit (Gov. Code, § 66314, subd. (d)(4)) as long as an ADU with one bedroom or fewer is allowed to be at least 850 square feet or an ADU with more than one bedroom is allowed to be at least 1,000 square feet (Gov. Code, § 66321, subd. (b)(2)). (4) Minimum Setbacks.
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8 I. The minimum side, street side, and rear yard setback shall be 4 feet, except when converting or replacing an existing attached accessory structure that is less than 4 feet from the side, street side, or rear yard.
II. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU, and a setback of no more than 4 feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure (Gov. Code, § 66314, subd. (d)(7)).
(5) Maximum Height.
I. The maximum height of attached ADUs shall be two stories and 25 feet or the maximum height specified by the base zone district for the primary dwelling, whichever is lower (Gov. Code, § 66321, subd. (b)(4)).
II. Attached ADUs that are interior to an existing structure that is converted shall not exceed the height of that existing structure.
(6) Parking.
No parking shall be required for an attached ADU.
(7) Development Standards.
I. Attached ADUs shall comply with all applicable base zone district objective development standards (Gov. Code, § 66321, subd. (b)(3)), including limits on lot coverage, objective design standards, floor area ratio, open space, front setbacks, and minimum lot size unless application of any one or more of these standards precludes construction of at least an 800-square-foot attached ADU with 4 feet side and rear yard setbacks.
II. The City shall not use or impose additional standards other than those provided in Gov. Code, § 66314, including an owner-occupant requirement, except that the City may require that the property may be used for rentals of terms 30 days or longer (Gov. Code, § 66315).
(n) Junior Accessory Dwelling Units (JADUs)
(1) Location.
JADU must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use (e.g. DL-9, DL-2.5&DL-5, R1-.5,R1,R3-8, R-S5). A JADU must be within the walls of the primary single-family dwelling, including, but not limited to, an attached garage (Gov. Code, § 66323, subd. (a)(1)). (2) Maximum Number of JADUs.
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9 I. When accompanied by a proposed or existing single-family dwelling, the maximum number of JADUs shall be two per lot. The JADU may be in addition to an existing or proposed detached ADU or an existing or proposed attached ADU.
II. In no case shall the total number of primary dwelling and ADUs/JADUs exceed five on any given lot zoned for single-family residential uses (Gov. Code, §§ 65852.21 and 66411.7).
(3) Floor Area.
I. The minimum floor area shall be 150 square feet.
II. The maximum floor area shall be 500 square feet.
(4) Parking. No parking shall be required for a JADU, including replacement parking. (5) Exterior Access. Access shall be provided to the JADU independent from the primary dwelling.
(6) Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU.
(7) Kitchen Features. An efficiency kitchen shall be provided, including all of the following (Gov. Code, § 66333, subd. (f)):
I. A cooking facility with appliances.
II. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
(8) Occupancy.
Owner-occupancy shall be required in either the remaining portion of the primary single-family dwelling or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization (Gov. Code, § 66333, subd. (b)).
(9) Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the Planning Department. The deed restriction shall include both of the following (Gov. Code, § 66333, subd. (c)):
I. A prohibition on the sale of the JADU separate from the sale of the singlefamily dwelling, including a statement that the deed restriction may be enforced against future purchasers.
II. A restriction on the size and attributes of the JADU that conforms with this section.
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10 (o)Definitions
(Gov. Code §66313)
A. “Accessory dwelling unit”(ADU) means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes the following:
1. An efficiency unit.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
B. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
C. “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
D. “Impact Fee” has the same meaning as the term “fee,” as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477. “Impact Fee” does not include any connection fee or capacity charge by a local agency, special district, or water corporation.
E. “Junior accessory dwelling unit” (JADU) means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
F. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
G. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
H. “Local agency” means a City, County, or City and County, whether general law or chartered.
I. “Multifamily dwelling” means two or more attached primary dwelling units.
J. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
K. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
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11 L. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
M. “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.
N. “Primary dwelling unit” means the single-family dwelling or each multifamily dwelling unit but does not include an ADU or JADU. An attached garage is considered part of the primary dwelling unit.
O. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
P. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Q. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
Note – Ord. No. XXX, Exhibit X, adopted XXX, 2025, repealed the former Chapter 17.20 Section
17.20.080 – Accessory Dwelling Units and Junior Accessory Dwelling Units and enacted a new Section 17.20.080 – Accessory Dwelling Units and Junior Accessory Dwelling Units, as set out herein. The former Section 17.20.080 pertained to second units and derived from Ord. No. 627, Exhibit C, adopted June 22nd, 2022.
Summary
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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: March 11, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Gary Huang, Engineering Services Manager
SUBJECT: Seneca Road Rehabilitation Project
STAFF RECOMMENDATION:
Staff recommend City Council approve the award of the construction contract agreement with Hardy & Harper, Inc. in the amount of $2,164,000 as the low bidder. This project is for Seneca Road, two miles from HWY 395 to Aster Road. It consists of approximately 126,000 S.F. of 10” dig-out and reconstruction of the existing roadway by constructing 4” AC over 6” CMB.
BACKGROUND:
The Seneca Road Rehabilitation Project is intended to rehabilitate existing pavement conditions to improve roadway safety and drivability. The project scope includes asphalt concrete grinding and overlay, localized pavement repairs, and associated roadway improvements. Plans and specifications were prepared by KEC Engineers, Inc. in coordination with City Engineering staff.
A Notice Inviting Bids was issued, and sealed bids were publicly opened on March 3, 2026. Seven (7) bids were received and reviewed for responsiveness and compliance with the contract requirements.
HARDY & HARPER $2,164,000.00
VANCE CORP. $2,195,020.54
SULLY-MILLER CONTRACTING COMPAN $2,196,810.00
CALMEX ENG $2,333,922.00
S. CHRISTENSEN $2,337,294.47
ONYX PAVING $2,482,000.00
JCR EARTHWORKS AND ENGINEERING $2,727,847.00
FISCAL IMPACT:
The funds will be paid for by Measure I, with no impact on the General Fund.
ATTACHMENTS:
A. Seneca Bid Register
B. Seneca Rehabilitation Bid Tabulation
C. Bid for the low bidder
D. Contract Service Agreement
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City of Adelanto
Bid Register
I. Name of Project: Seneca Road Rehabilitation Project
Bid Opening Date: March 3, 2026 Time: 3:00 P.M.
Bid No. Company Schedule A Schedule B Total Cost
1 LCR $2,727,847.00
2 Hardy and Harper $2,164,000.00
3 Cal Mex $2,333,922.00
4 Vance Corporation $2,195,020.54
5 Sully-Miller $2,196,810.00
6 Onyx Paving Company $2,482,000.00
7 S. Christensen $2,337,294.47
8 9
10 11
12 13
14 15
Number of Bids Filed by Opening Time: 3:03 p.m. Bids Received By: Gary Huang Title: Engineering Manager 7 Witness: Kyle Hovannesian
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BASE BID ITEMS (ITEM 1 THRU 10)
KOALA ROAD PAVING
CIP 2022-02
ITEM NO. BID ITEM DESCRIPTION UNIT APP QTY UNIT PRICE TOTAL APP QTY UNIT PRICE TOTAL APP QTY UNIT PRICE TOTAL APP QTY UNIT PRICE TOTAL 1 Mobilization/ Demobilization (Not to exceed 5% of total of total contract Price LS 1 $26,000.00 $26,000.00 1 $50,000.00 $50,000.00 1 $105,000.00 $105,000.00 1 $41,600.00 $41,600.00 2 Provide Traffic Control and Safety LS 1 $92,850.00 $92,850.00 1 $55,000.00 $55,000.00 1 $155,000.00 $155,000.00 1 $29,463.00 $29,463.00 3 Cold Mill Existing Asphalt Concrete (AC) Pavement (2”depth) This bid item does not include the Dig-Out areas SF 590,000 $0.55 $324,500.00 590,000 $0.21 $123,900.00 590,000 $0.35 $206,500.00 590,000 $0.49 $289,100.00 4 Construct 2"-Thick Rubberized AC Pavement per Caltrans Standards and using MTV per “Green Book” TON 8,000 $110.00 $880,000.00 8,000 $149.00 $1,192,000.00 8000 $114.00 $912,000.00 8000 $128.00 $1,024,000.00 5 Dig-out and dispose the existing AC and base materials to a depth of 10” in the designated areas as shown in orange color on the drawings. The existing AC in Dig-out areas SF 126,000 $2.40 $302,400.00 126,000 $1.32 $166,320.00 126,000 $1.45 $182,700.00 126,000 $2.75 $346,500.00 6 Construct 6” CMB in the “Dig-out” area and compact to 95% relative compaction TON 4,250 $18.00 $76,500.00 4,250 $14.56 $61,880.00 4,250 $36.50 $155,125.00 4,250 $23.50 $99,875.00 7 Place 4” AC over compacted CMB. The 4” AC placement
must be 2” standard base asphalt and 2”rubberized asphalt for the cap.
TON 3,050 $107.00 $326,350.00 3,050 $135.06 $411,933.00 3,050 $108.50 $330,925.00 3,050 $120.50 $367,525.00 8 Adjust Existing Storm Drain/ Sewer/Utility Manhole Frames and Covers to Finished Grade EA 21 $1,600.00 $33,600.00 21 $1,152.59 $24,204.39 21 $1,460.00 $30,660.00 21 $1,555.00 $32,655.00 9 Adjust Existing Water Valve Cans and Covers to Finished Grade EA 20 $510.00 $10,200.00 20 $212.36 $4,247.20 20 $1,100.00 $22,000.00 20 $560.00 $11,200.00 10 Install Traffic Striping, Markings, Curb Painting, and Signs LS 1 $69,000.00 $69,000.00 1 $77,808.27 $77,808.27 1 $70,000.00 $70,000.00 1 $69,867.00 $69,867.00 11 Install Public Improvement Project Signs EA 2 $800.00 $1,600.00 2 $1,353.29 $2,706.58 2 $1,800.00 $3,600.00 2 $1,223.00 $2,446.00 12 Provide Erosion Control and BMPs LS 1 $5,500.00 $5,500.00 1 $7,766.71 $7,766.71 1 $8,000.00 $8,000.00 1 $4,086.00 $4,086.00 13 Provide Construction Survey, Staking, Re-establish Survey Monuments and Centerline Ties LS 1 $15,500.00 $15,500.00 1 $17,254.39 $17,254.39 1 $15,300.00 $15,300.00 1 $15,605.00 $15,605.00 TOTAL BASE BID $2,164,000.00 $2,195,020.54 $2,196,810.00 $2,333,922.00 BASE BID ITEMS (ITEM 1 THRU 10)
KOALA ROAD PAVING
CIP 2022-02
ITEM NO. BID ITEM DESCRIPTION UNIT APP QTY UNIT PRICE TOTAL APP QTY UNIT PRICE TOTAL 1 Mobilization/ Demobilization (Not to exceed 5% of total of total contract Price LS 1 $60,301.00 $60,301.00 1 $129,897.00 $129,897.00 2 Provide Traffic Control and Safety LS 1 $151,000.00 $151,000.00 1 $100,000.00 $100,000.00 3 Cold Mill Existing Asphalt Concrete (AC) Pavement (2”depth) This bid item does not include the Dig-Out areas SF 590,000 $0.33 $194,700.00 590,000 $0.30 $177,000.00 4 Construct 2"-Thick Rubberized AC Pavement per Caltrans Standards and using MTV per “Green Book” TON 8,000 $140.00 $1,120,000.00 8000 $152.00 $1,216,000.00 5 Dig-out and dispose the existing AC and base materials to a depth of 10” in the designated areas as shown in orange color on the drawings. The existing AC in Dig-out areas SF 126,000 $2.00 $252,000.00 126,000 $2.00 $252,000.00
6 Construct 6” CMB in the “Dig-out” area and compact to 95% relative compaction TON 4,250 $35.00 $148,750.00 4,250 $45.00 $191,250.00 7 Place 4” AC over compacted CMB. The 4” AC placement
must be 2” standard base asphalt and 2”rubberized asphalt for the cap.
TON 3,050 $130.00 $396,500.00 3,050 $150.00 $457,500.00 8 Adjust Existing Storm Drain/ Sewer/Utility Manhole Frames and Covers to Finished Grade EA 21 $1,369.00 $28,749.00 21 $1,200.00 $25,200.00 9 Adjust Existing Water Valve Cans and Covers to Finished Grade EA 20 $1,000.00 $20,000.00 20 $1,000.00 $20,000.00 10 Install Traffic Striping, Markings, Curb Painting, and Signs LS 1 $70,000.00 $70,000.00 1 $80,000.00 $80,000.00 11 Install Public Improvement Project Signs EA 2 $3,000.00 $6,000.00 2 $2,000.00 $4,000.00 12 Provide Erosion Control and BMPs LS 1 $17,000.00 $17,000.00 1 $10,000.00 $10,000.00 13 Provide Construction Survey, Staking, Re-establish Survey Monuments and Centerline Ties LS 1 $17,000.00 $17,000.00 1 $65,000.00 $65,000.00 6TH LOW
ONYX PAVING
7TH LOW
JCR EARTHWORKS AND
ENGINEERING
SENECA ROAD REHABILITATON
BID OPENING: 3:00 P.M., December 9, 2025
LOWEST BIDDER
HARDY & HARPER
2ND LOW
VANCE CORP.
3RD LOW BIDDER
SULLY-MILLER CONTRACTING
COMPANY
4TH LOW BIDDER CALMEX
ENG.
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TOTAL BASE BID $2,482,000.00 $2,727,847.00
** Incomplete bid and missing bid item
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APP QTY UNIT PRICE TOTAL
1 $46,819.42 $46,819.42
1 $49,039.80 $49,039.80
590,000 $0.36 $212,400.00
8000 $149.78 $1,198,240.00
126,000 $1.19 $149,940.00
4,250 $27.94 $118,745.00
3,050 $140.50 $428,525.00
21 $1,194.96 $25,094.16
20 $229.29 $4,585.80
1 $75,658.25 $75,658.25
2 $2,034.49 $4,068.98
1 $14,237.56 $14,237.56
1 $9,940.50 $9,940.50
$2,337,294.47
5TH LOW
S. CHRISTENSEN
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2512/026150-0001
19521958.1 a03/05/26
CITY OF ADELANTO
CONTRACT SERVICES AGREEMENT
Seneca Road Rehabilitation Project
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this ____11_____ day of _____March______, 2026 by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and Hardy & Harper Inc., a Paving Contractor, (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A, “Scope of Services” and incorporated herein by this reference (the “Services”).
Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on March 11, 2026.
Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by 293
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one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to 294
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the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.
Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but shall not exceed forty (40) working days cumulatively.
1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the 295
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extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed TWO
MILLION, ONE HUNDRED AND SIXTY-FOUR THOUSAND DOLLARS WITH ZERO CENTS ($2,164,000) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section
8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered 296
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pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
Invoices shall be submitted to:
City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301
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2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In 298
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no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.
Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required 299
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to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty-Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractorshall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover interinsured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do 300
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business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the 301
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required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years 302
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after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: Seneca Road Rehabilitation Project. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor. b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City 303
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as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 304
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9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
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5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor 306
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acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one 307
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week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to 308
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practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages. 309
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other 310
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than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the 311
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“Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 312
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9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
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10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Gary Huang, Engineering Services Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Hardy & Harper, Inc
Attn: Michael Amundson
32 Rancho Circle
Lake Forest, CA 92630
Any written notice to City shall be sent to the Contract Administrator at:
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Gary, Engineering Services Manager
with a copy to:
City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
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10.11 Integration, Interpretation. This Agreement, including Exhibit A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. 316
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[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF ADELANTO
Jessie Flores, City Manager
Attest:
Brenda Lopez, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONTRACTOR
Michael Amundson, Vice President
Kristen Paulino, Corporate Secretary
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include Seneca Road Rehabilitation Project services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed TWO MILLION, ONE HUNDRED AND SIXTY-FOUR THOUSAND DOLLARS WITH ZERO CENTS ($2,164,000) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement. [ATTACH BID PACKAGE / SCOPE OF WORK]
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CITY COUNCIL AGENDA REPORT
DATE: March 11, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Todd Litfin, City Attorney
SUBJECT: AN ORDINANCE OF THE CITY OF ADELANTO PERTAINING TO THE MAINTENANCE OF
VACANT LAND OR PROPERTY
RECOMMENDATION:
Staff recommends:
1. City Council introduce and conduct the first reading of Ordinance No. 661 to approve AN
ORDINANCE OF THE CITY OF ADELANTO PERTAINING TO THE MAINTENANCE OF VACANT LAND OR PROPERTY.
2. City Council schedule the second reading of Ordinance No.661 for the next regularly scheduled Council meeting.
BACKGROUND:
Vacant land and property left unmaintained creates public nuisances including blight, accumulation of trash and debris, fire hazards, vermin infestation, vandalism, and adverse impacts on property values and public health. Such conditions negatively impact surrounding neighborhoods and impose direct and indirect costs on the City, including inspection, enforcement, administrative processing, monitoring, and increased public safety response. The purpose of this Ordinance is to protect the public health, safety, and welfare of the residents of the City by ensuring that vacant land and properties are properly maintained and do not create nuisance conditions that contribute to blight, fire hazards, illegal dumping, criminal activity, or deterioration of surrounding neighborhoods.
The Ordinance adds Chapter 8.32 to the Adelanto Municipal Code and makes it a violation to have Vacant Land or Property in a Vacant Land Nuisance Condition. “Vacant Land or Property” means any parcel of land, lot, or structure not lawfully occupied by a resident, business, or authorized use, and which shows visible signs of neglect, debris accumulation, overgrown weeds, or other violations of the City’s property maintenance standards. “Vacant Land Nuisance Condition” means any condition on vacant land or property, including but not limited to excessive weeds, accumulation of trash or debris, graffiti, hazardous structures, or other violations that constitute a public nuisance under the City of Adelanto Municipal Code or the law of the State of California.
Upon discovery of a vacant property that is not being maintained, the City initially would send a Notice of Violation which gives 14 days to fix the improper maintenance. The property owner has the right to appeal the determination to the City Council. Furthermore, the time period for compliance can be extended for good cause based on a hardship condition of the property owner. 320
If the condition is not fixed within the required time period, the City may pursue any and all available legal remedies, including administrative fines in the amount of $100 for the first violation, $200 for the second violation, $500 for the third violation, and $1,000 for the fourth and subsequent violations.
FISCAL IMPACT:
Enforcement of the ordinance would be by current City code enforcement staff, but there will be enforcement related costs to implement the ordinance. Administrative citations, when and if paid, and other cost recovery mechanisms could potentially offset enforcement costs.
ATTACHMENTS:
Ordinance No. 661
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ORDINANCE NO. 661
AN ORDINANCE OF THE CITY OF ADELANTO
PERTAINING TO THE MAINTENANCE OF VACANT LAND
OR PROPERTY
WHEREAS, the City Council of the City of Adelanto (“City”) finds that vacant land and property left unmaintained creates public nuisances including blight, accumulation of trash and debris, fire hazards, vermin infestation, vandalism, and adverse impacts on property values and public health; and
WHEREAS, such conditions negatively impact surrounding neighborhoods and impose direct and indirect costs on the City, including inspection, enforcement, administrative processing, monitoring, and increased public safety response; and WHEREAS, the City has the police power under Article XI, Section 7 of the California Constitution to regulate land use and abate nuisances to protect the public health, safety, and welfare; and
WHEREAS, Government Code (“Gov. Code”) § 53069.4 expressly authorizes cities to impose administrative penalties for municipal code violations as an alternative to criminal enforcement; and
WHEREAS, the purpose of this Ordinance is to protect the public health, safety, and welfare of the residents of the City by ensuring that vacant land and properties are properly maintained and do not create nuisance conditions that contribute to blight, fire hazards, illegal dumping, criminal activity, or deterioration of surrounding neighborhoods; and
WHEREAS, the City Council further finds that the purpose of this Ordinance is to promote compliance and mitigate harm, not to generate revenue, and that penalties are imposed only after notice and an opportunity to cure; and WHEREAS, the City Council finds that property owners are afforded due process protections, including written notice, reasonable time to correct violations, hardship relief, and the right to appeal any administrative determination.
THE CITY COUNCIL FOR THE CITY OF ADELANTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The foregoing recitals are true and correct and incorporated herein as findings of the City Council, as if set forth in full.
SECTION 2: Chapter 8.32 is hereby added to the Adelanto Municipal Code to read in its entirety as follows:
Chapter 8.32 Maintenance of Vacant Land or Property
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§ 8.32.010 Definitions.
A. “Vacant Land or Property” means any parcel of land, lot, or structure not lawfully occupied by a resident, business, or authorized use, and which shows visible signs of neglect, debris accumulation, overgrown weeds, or other violations of the City’s property maintenance standards.
B. “Owner” means the person or entity listed as the owner of record of the Vacant Land or Property with the San Bernardino County Tax Assessor.
C. “Vacant Land Nuisance Condition” means any condition on vacant land or property, including but not limited to excessive weeds, accumulation of trash or debris, graffiti, hazardous structures, or other violations that constitute a public nuisance under the City of Adelanto Municipal Code or the law of the State of California.
D. “Administrative Penalty” means a fine or penalty imposed through an administrative enforcement process pursuant to California Government Code § 53069.4.
§ 8.32.020 Vacant Land or Property Violation
Vacant Land or Property shall not be in a Vacant Land Nuisance Condition. § 8.32.030 Vacant Land or Property - Notice of Violation.
A. Upon determination by the City that a property is in a Vacant Land Nuisance Condition, in violation of City maintenance standards, or constitutes a nuisance condition, the City shall issue a written Notice of Violation (“Notice”) by certified mail to the address listed for the Owner with the San Bernardino County Tax Assessor.
B. The Notice shall specify the violation, corrective action required, and shall provide the Owner with fourteen (14) calendar days from the date the letter is mailed to correct the violation.
C. If the violation is not corrected within the fourteen (14) calendar days of the mailing of the Notice, the City may pursue any and all remedies for a violation of the Adelanto Municipal Code including but not limited to an Administrative Penalty pursuant to Government Code § 53069.4 and Adelanto Municipal Code § 1.20.060.
D. Each day that the Vacant Land or Property remains in a Vacant Land Nuisance Condition after the expiration of the time period to correct the violation in the Notice of Violation shall constitute a separate offense. § 8.32.040 Vacant Land or Property - Hardship Waiver.
A. An Owner may apply in writing for a Hardship Waiver within fourteen (14) calendar days of the mailing of a Notice of Violation.
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B. Grounds for good cause of a waiver may include serious illness or disability, active military deployment, or demonstrated financial hardship.
C. The City Manager or designee may grant a temporary extension of a compliance deadline not to exceed thirty (30) business days upon a showing of good cause.
D. Any extension of a compliance deadline beyond thirty (30) business days must be approved by the City Council.
E. No extension of a compliance deadline shall exceed ninety (90) days in total, and reasonable conditions may be imposed.
§ 8.32.050 Vacant Land or Property Violation – Appeals.
A. Any owner receiving a Notice of Violation may request a hearing before the City Council within ten (10) calendar days of the Notice of Violation.
B. The City Council shall serve as the impartial hearing body, and its decision shall constitute the City’s final administrative action. § 8.32.060 Vacant Land or Property Violation – Additional Remedies.
Notwithstanding the foregoing, the City is also authorized to pursue any and all other enforcement procedures provided for by this Code and any procedures or remedies provided for under the laws of the State of California including but not limited to the imposition of liens and subsequent foreclosure on the Vacant Land or Property.
SECTION 3: Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.
SECTION 4: The City Clerk shall certify to the passage and adoption of this Ordinance.
SECTION 5: Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), the adoption of this Ordinance does not constitute a “project” as that term is defined in CEQA because it will not cause a direct physical change in the environment, nor will it cause a reasonably foreseeable indirect physical change in the environment.
Separately and additionally, the adoption of this Ordinance is categorically exempt from the CEQA pursuant to Title 14 California Code of Regulations Sections 15061 (b)(3) and 15378, in that it can be seen with certainty that the adoption of the Ordinance does not propose an activity that might have a significant effect on the environment, and further, it will not cause a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Moreover, there are no unusual circumstances that are associated with the adoption of this Ordinance, and thus it is not subject to the unusual circumstances exception set forth in Title 14 California 324
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Code of Regulations Section 15300.2. Finally, the preparation and adoption of the Local Coastal Program Amendment is statutorily exempt from the California Environmental Quality Act, pursuant to Section 21080.9 of the Public Resources Code.
SECTION 6: This ordinance shall take effect 30 days following its adoption by a majority vote of the City Council.
PASSED, APPROVED AND ADOPTED THIS _____ DAY ________, 2026. ____________________________________
Gabriel Reyes, Mayor of the City of Adelanto
____________________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
__________________________________________
Todd Litfin, City Attorney
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I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No. 661 was duly introduced for the first reading on the ___day of ______, 2026 and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this __________day of _________, 2026, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on this ___th day of ___________, 2026. ___________________________________
Brenda Lopez, City Clerk
SEAL
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