CITY COUNCIL MEETING - TELECONFERENCE - Dial in - 1-415-655-0001 - Conference Code - 146 275 0870## https://ci-adelanto-ca.webex.com/ Passcode 7601

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 9, 2022 City Council Gabriel Reyes, Mayor Daniel Ramos, Mayor Pro Tem Stevevonna Evans, Councilor Joy Jeannette, Councilor Keron Jones, Councilor City Manager Jessie Flores City Attorney Marc Tran Meetings held: 2nd & 4th Wednesday Adelanto Governmental Center City Council Chambers 11600 Air Expressway, Adelanto Closed Session: 6:00 p.m. O pen Session: 7:00 p.m. Until further notice, only Council members and essential staff are allowed to be physically present inside Council Chambers, and will be seated the recommended distance from each other. Public participation is solely via call-in or via written correspondence. TO PARTICIPATE, please call, email, or send mail to the contact info provided below/on the City Council Agenda. On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which was effective immediately and amends Government Code § 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically. Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows: • All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher. php?view_id=1 and are also available for playback after the meeting. • Participate via web-ex at https://ci-adelanto-ca.webex.com/ci-adelanto- ca/j.php?MTID=m95d0d169485f2fe98a484080589943ef - PASSCODE 7601 To Participate and Call in for public comments: Please call 1-415-655-0001 along with conference code 146 275 0870 Should you wish to speak on the item push *3, you will be placed in the que. *Please Note – This process will be a learning curve for all, please be patient.1

REGULAR MEETING March 9, 2022 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 9, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________ ROLL CALL: Councilor Evans ________ Councilor Jeannette ________ Councilor Jones ________ Mayor Pro Tem Ramos ________ Mayor Reyes ________ 1. City Manager to announce if there is any addition/removal of items from the agenda. C. APPROVAL OF AGENDA D. ANNOUNCEMENT OF CLOSED SESSION ITEMS 1. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, subdivision (d)(4) (one potential case) E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM A. CALL TO ORDER— CLOSED SESSION MEETING B. DELETIONS/ADDITIONS TO AGENDA3

REGULAR MEETING March 9, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us F. CONVENE INTO CLOSED SESSION TIME: _____________ 1. Motion to go into Closed Session. M__________________S__________________ACTION_________________ G. RECONVENE FROM CLOSED SESSION TIME: _____________ H. CALL TO ORDER— REGULAR MEETING ROLL CALL: Councilor Evans ________ Councilor Jeannette ________ Councilor Jones ________ Mayor Pro Tem Ramos ________ Mayor Reyes ________ INVOCATION: FLAG SALUTE: ______________________ I. CLOSED SESSION REPORT J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS K. CITY MANAGERS ANNOUNCEMENTS AND REPORT4

REGULAR MEETING March 9, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us L. PRESENTATIONS M. PUBLIC COMMUNICATIONS This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *3 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes. Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda N. CONSENT CALENDAR Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council or member of the audience requests a separate discussion on an item. MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED 1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council. 2. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E) AND OTHER APPLICABLE PROVISIONS OF AB 361 RESOLUTION NO. 22-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY, RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM MARCH 9, 2022, THROUGH APRIL 8, 2022, PURSUANT TO BROWN ACT PROVISIONS5

REGULAR MEETING March 9, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 3. APPROVAL OF CONTRACT WITH SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT FOR HOUSEHOLD HAZARDOUS WASTE AGREEMENT. RESOLUTION NO. 22-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE HOUSEHOLD HAZARDOUS WASTE AGREEMENT WITH THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT M__________________S__________________ACTION____________________ O. PUBLIC HEARING OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING: 1. DISCUSSION AND CONSIDERATION OF ORDINANCE NO. 625 TO ADD A NEW CHAPTER 9.110 TO THE CITY’S MUNICIPAL CODE PERTAINING TO NOISE CONTROL. (CITY ATTORNEY) RECOMMENDATION: It is recommended that the City Council of Adelanto introduce and waive the first reading of Ordinance No. 625 designed to limit the adverse effects of unwanted and intrusive noises within the City of Adelanto (“City”). This Ordinance will create criteria and procedure for the measuring of sound levels in accordance with various zoning areas. The Ordinance will also address penalties. As well as penalties for violations of specified noise levels. ORDINANCE NO. 625 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, ADDING CHAPTER 9.110 (NOISE CONTROL) TO TITLE 9 (PUBLIC PEACE, SAFETY AND MORALS) OF THE ADELANTO MUNICIPAL CODE M__________________S__________________ACTION___________________6

REGULAR MEETING March 9, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING: 2. INCREASE TO CITY COUNCIL STIPEND. (CITY ATTORNEY) RECOMMENDATION: Staff recommends that the 1. City Council repeal Ordinance No. 595 which established the Mayor and City Council Member stipend amounts in December 2018. 2. City Council introduce and waive the first reading of Ordinance No. 626 to approve an increase in the City Council stipend amount from $924.00 to $1,108.80 per month for the Mayor, and from $708.40 to $850.08 per month for each Council Member. 3. City Council schedule the second reading of Ordinance No. 626. 4. City Council to approve a budget amendment in the amount of $9,018.24 to be decreased from the General Fund account number 100-1010-502-40 fund balance. ORDINANCE NO. 626 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, REPEALING ORDINANCE NO. 595, AND SETTING FORTH COMPENSATION RATES FOR THE MAYOR AND CITY COUNCIL MEMBERS M__________________S__________________ACTION___________________ P. NEW BUSINESS- ADELANTO PUBLIC UTILITY AUTHORITY PUBLIC COMMENT: OPEN: CLOSED: 1. TREATMENT PLANT SCADA PANEL UPGRADE. (ANGEL) RECOMMENDATION: Staff recommends approving Vertech to perform the SCADA panel upgrade at water treatment plant. M__________________S__________________ACTION___________________7

REGULAR MEETING March 9, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Q. NEW BUSINESS PUBLIC COMMENT: OPEN: CLOSED: 1. RECOMMEND AWARD OF CONTRACT FOR THE MOJAVE DRIVE AND BELLFLOWER STREET DRY WELL PROJECT. (BRIAN) RECOMMENDATION: Staff recommends City Council approve an award of contract for the Mojave Drive and Bellflower Street Dry Well Project, and determine the project is categorically exempt from further environmental review in accordance with Section 15301 of the state guidelines implementing the California Environmental Quality Act. M__________________S__________________ACTION___________________ PUBLIC COMMENT: OPEN: CLOSED: 2. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-12 AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM. (CITY ATTORNEY) RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 22-12 authorizing application to and participation in the Prohousing Designation Program and authorize the City Manager to negotiate and execute all necessary documents to facilitate application for, receipt of, and participation in the Prohousing Designation Program. RESOLUTION NO. 22-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM M__________________S__________________ACTION___________________8

REGULAR MEETING March 9, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED: 3. CONSIDERATION, APPROVAL AND ADOPTION OF RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE STATE OF CALIFORNIA’S CANNABIS EQUITY GRANT ACT’S GRANT AWARD (JAIMIE) RECOMMENDATION: Staff is recommending the City Council adopt the resolution authorizing the City Manager to execute the grant agreement for the State of California’s Cannabis Equity Act’s grant funding for $75,000 to conduct an equity assessment and begin planning the City’s cannabis equity program. RESOLUTION NO. 22-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE STATE OF CALIFORNIA’S CANNABIS EQUITY ACT’S GRANT FUNDING M__________________S__________________ACTION___________________ R. ITEMS REMOVED FROM THE CONSENT CALENDAR S. FUTURE AGENDA ITEMS9

REGULAR MEETING March 9, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us T. PUBLIC COMMUNICATIONS This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *3 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes. Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda U. ADJOURNMENT The next Regular Meeting of the City Council will be held on March 23, 2022, at 7:00 p.m. TIME OUT: ______________ M__________________S__________________ACTION____________________ I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE, HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON MARCH 4, 2022, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETI NG PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, AND ADELANTO, CALIFORNIA. Brenda Lopez, City Clerk, CMC V. DECLARATION OF POSTING10

REGULAR MEETING March 9, 2022 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 adoption11

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 9, 2022 On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which was effective immediately and amends Government Code § 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically. Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows: • All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting. • Participate via web-ex at https://ci-adelanto-ca.webex.com/ci-adelanto- ca/j.php?MTID=m95d0d169485f2fe98a484080589943ef To Participate and Call in for public comments: Please call 1-415-655-0001 along with conference code 146 275 0870## Should you wish to speak on the item push *3, you will be placed in the que. *Please Note – This process will be a learning curve for all, please be patient. TIME TELECONFERENCE Closed Session – 6:00 p.m. To Participate and and Call in for public comments: Open Session – 7:00 p.m. Please call 1-415-655-0001 along with conference code 146 275 0870## Should you wish to speak on the item push *3, you will be placed in the que. * Brenda Lopez, City Clerk, CMC DATED: March 4, 202212

CITY COUNCIL AGENDA REPORT DATE: March 9, 2022 TO: Honorable Mayor and City Council Members FROM: Jessie Flores, City Manager SUBJECT: CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E) AND OTHER APPLICABLE PROVISIONS OF AB 361 STAFF RECOMMENDATION: It is staff's recommendation that the City Council adopt and approve the attached resolution, permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of Government Code Section 54953 (e), for the period from March 9, 2022, through April 8, 2022. BACKGROUND: On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVID-19), which still remains in effect. On March 10, 2020, the Board of Supervisors of the County of San Bernardino proclaimed the existence of a local emergency for all of San Bernardino County (“County”) in response to the outbreak of COVID-19 and its impact on the County. On March 13, 2020, the Adelanto City Council (“City Council”) declared a local emergency in response to the conditions of extreme peril to the safety of persons within the City as a result of the rapid spread of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(b)(3)) during a state-declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 2024. Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true:13

1. State or local officials have imposed or recommended social distancing; or 2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or 3. The legislative body holds a meeting having already determined by a majority vote to hold remote meetings. Modified Brown Act requirements under AB 361, include, among other provisions, that: • Members of the public must be allowed to address the body and offer comments in real -time during the meeting. • In the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved. • Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option). • Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired. On February 9, 2022, the City Council adopted Resolution No. 22-06, proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and al l Commissions of the City of Adelanto, for the period from February 9, 2022, through March 11, 2022, pursuant to Brown Act provisions. Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to use the teleconference exception available under Government Code Section 54953(e), it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thi rty (30) days thereafter. Given that Resolution Number 22-06 expires on March 11, 2022, staff recommends the City Council adopt the attached resolution before the existing resolution lapses. FISCAL IMPACT: There is no fiscal impact to the City. ATTACHMENTS: Resolution No. 22-1114

CITY COUNCIL AGENDA REPORT DATE: March 9, 2022 TO: Honorable Mayor and City Council Members FROM: Jessie Flores, City Manager BY: Angel Castellanos, Director of Finance SUBJECT: APPROVAL OF CONTRACT WITH SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT FOR HOUSEHOLD HAZARDOUS WASTE AGREEMENT STAFF RECOMMENDATION: Staff recommends that the City Council approve the attached contract with the San Bernardino County Fire Protection District (“District”) for household hazardous waste services. BACKGROUND: The California Public Resource Code requires cities to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the City. The District has been handling the household hazardous waste for five years prior on behalf of the City. The proposed contract rate for the 2022-2027 term is set at an amount not-to-exceed $237,586.14. FISCAL IMPACT: Quarterly payments of $11,075.43 will be made out of the General Fund, for a total of $44,301.73 for fiscal year 2022/2023 and increasing annually according to the contract attached. ATTACHMENTS: San Bernardino County Fire Protection District Contract Resolution No. 22-1315

2824 “W” Street Bldg. 302 ● San Bernardino, CA 92415-0799 ● (909) 382-5401 ● Fax (909) 382-5413 BOARD OF DIRECTORS Col. Paul Cook (Ret.) Janice Rutherford Dawn Rowe Curt Hagman Joe Baca Jr. Leonard X. Hernandez First District Second District Vice Chair, Third District Chairman, Fourth District Fifth District Chief Executive Officer SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT Office of the Fire Marshal Household Hazardous Waste Section sbcfire.org Daniel R. Munsey Fire Chief/Fire Warden Michael A. Horton Fire Marshal/Deputy Fire Warden January 12, 2022 Ms. Brenda Lopez 11600 Air Expy Adelanto, CA 92301 Subject: HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT Dear Ms. Lopez, The Agreement between City of Adelanto and San Bernardino County Household Hazardous Waste Section will expire on June 30, 2022. Please find enclosed the agreement between City and County for a 5-year period. Please have City Manager review the agreement and send a signed copy to me via email. This will then be sent to County Counsel and Board of Supervisors for final approval. Once all signatures are obtained, a copy of the agreement will be sent to City of Adelanto. Thank you for your help with this time sensitive document. If you have any questions or concerns, please contact me at (909) 382-5401 or JRodriguez@sbcfire.org Sincerely, Jose Rodriguez Assistant Fire Marshal Enclosure: Household Hazardous Waste Collection Agreement16

Standard Contract Page 1 of 6 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY San Bernardino County Fire Protection District Department Contract Representative Jose Rodriguez Telephone Number (909) 382-5401 Contractor City of Adelanto Contractor Representative Telephone Number (760) 246-2300 x11123 Contract Term July 1, 2022 through June 30, 2027 Original Contract Amount $237,586.14 Amendment Amount Total Contract Amount $237,586.14 Cost Center IT IS HEREBY AGREED AS FOLLOWS: HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT This Agreement is made and entered into between the San Bernardino County Fire Protection District, hereinafter referred to as “District” and the City of Adelanto hereinafter referred to as the “City.” RECITALS: WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the city or county and which should be separated from the solid waste stream; and, WHEREAS, San Bernardino County and each of the cities in the County have developed Household Hazardous Waste Elements (HHW) which identify a county-wide cooperative program for the management of Household Hazardous Waste; and, WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with the adopted HHWE; and, Contract Number SAP Number17

Revised 7/15/19 Page 2 of 6 WHEREAS, the District’s Section of Hazardous Materials, is a section of the District responsible for the safe management of hazardous waste; and, WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling. NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows: WITNESSETH: RESPONSIBILITIES AND DUTIES OF THE CITY 1. The City shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose of Household Hazardous Waste and inform its residents of the availability of nearby household hazardous waste collection facilities for safe management of household hazardous waste, in the manner and form recommended by District. 2. The City shall publicize to its residents the maximum quantities of hazardous waste allowed for transportation which are containers no larger than 5 gallons and maximum quantities of 15 gallons or 125 pounds per trip brought to a household hazardous waste collection facility per participant. 3. The City shall publicize to its small businesses that need to dispose of small quantities of business waste to contact the District and make an appointment to use the Very Small Quantity Generator (VSQG) program for proper disposal. 4. The City shall publicize to its residents that home generated sharps containers shall only contain needles, lancets and syringes with a needle attached that must be completely spent (used and no liquid remaining, this includes EpiPens). The public may use 2 gallon or smaller heavy-duty plastic household containers as an alternative to plastic bio-hazard sharps containers. The container should be leak-resistant, remain upright during use and have a tight fitting, puncture-resistant lid, such as a plastic laundry detergent container. Containers consisting of glass, metal, cardboard or paper will not be accepted. RESPONSIBILITIES AND DUTIES OF THE DISTRICT 5. The District shall continue to operate a comprehensive Household Hazardous Waste Program (Program) for the safe collection, recycling, treatment and disposal of household hazardous waste, including universal waste, Home-generated Sharps (HGS), and pharmaceutical waste excluding controlled substances. The District program shall be based on a Central Processing Facility and a regional network of collection centers sited so as to provide safe, convenient service to the public in a cost-effective manner. 6. The District shall provide an annual report to the City, which shall include the amounts and types of waste collected, participation by jurisdiction, and final disposition of the waste. The report will be provided at no additional cost to the City. 7. The District shall compile and provide to the California Department of Resources Recycling and Recovery (CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, the City’s Annual Form 303 Report. The report will be provided at no additional cost to the City. 8. The District shall provide to the City, flyers/brochures/education material that shall be distributed by the City electronically. Hard copies will also be provided upon request, at no additional cost to the City.18

Revised 7/15/19 Page 3 of 6 9. The District shall charge any business that disposes of household hazardous waste the actual cost of disposal as indicated in the District’s fee ordinance. For cities or community services districts that operate their own household hazardous waste collection facility, if business waste is accepted at any satellite facility, the City or community services district will be responsible for the disposal cost of the business waste. 10. The District shall provide an electronic biohazardous waste label to every participant that disposes of home generated sharps. The public may use 2 gallon or smaller heavy-duty plastic household containers such as a plastic laundry detergent container as an alternative to plastic bio-hazard sharps containers. The biohazardous waste label shall be placed on the rigid heavy-duty, puncture-resistant plastic container used to dispose of home generated sharps. CONSIDERATION 11. In consideration for the services provided, City shall pay the District the following amount not to exceed $237,586.14: Fiscal Year Annual Amount Amount per quarter 2022/2023 $44,301.73 $11,075.43 2023/2024 $45,741.54 $11,435.38 2024/2025 $47,342.49 $11,835.62 2025/2026 $49,117.83 $12,279.46 2026/2027 $51,082.55 $12,770.64 12. Payments will be due on July 15, October 15, January 15, and April 15 of each year through the term of the contract. TERM AND TERMINATION 13.This Agreement shall be effective July 1, 2022 and shall remain in effect through June 30, 2027, but may be renewed for specified periods, unless, otherwise terminated or amended. 14. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior written notice to the other party. INSURANCE AND INDEMNIFICATION 15. City and District are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement. 16. District agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless City, its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence19

Revised 7/15/19 Page 4 of 6 or degree of fault of indemnities. The District’s indemnification obligation applies to City’s “active” as well as “passive” negligence but does not apply to City’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782. City agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless District, its officers, employees, agents and volunteers, from claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The City’s indemnification obligation applies to District’s “active” as well as “passive” negligence but does not apply to District’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782. In the event District and/or City are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, District and/or City, as applicable, shall indemnify the other to the extent of its comparative fault. Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, District and City hereby waive any and all rights of subrogation recovery against each other. Furthermore, if District or City attempts to seek recovery from the other for Workers’ Compensation benefits paid to an employee, District and City agree that any alleged negligence of the employee shall not be construed against the employer of that employee. GENERAL TERMS AND CONDITIONS 17. Representation of the District. In the performance of the Agreement, City, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the District. 18. Change of Address. City shall notify the District in writing of any change in mailing address within ten (10) business days of the change. 19. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable by City, either in whole or in part. 20. Agreement Amendments. City agrees that any alterations, variations, modifications, waivers, or provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and approved by the required persons of both City and District. 21. Correction of Performance Deficiencies. Failure by City to comply with any of the provisions, covenants, requirements or conditions of this agreement shall be a material breach of this agreement. In the event of a non-cured breach, District may, at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract: A. Afford City thereafter a time period within which to cure the breach, which period shall be established at sole discretion of District; and/or, B. Terminate this Contract. 22. Attorney Fees and Costs. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under INDEMNIFICATION paragraphs.20

Revised 7/15/19 Page 5 of 6 23. Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County Superior Court. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third-party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County Superior Court. This contract shall be governed by the laws of the State of California. 24. Notification. In the event of a problem or potential problem that will impact the level of performance by a Party under this Agreement, the Party shall notify the other Party within one (1) working day, in writing and by telephone. 25. Former County and District Officials. City agrees to provide or has already provided information on former San Bernardino County and District administrative officials (as defined below) who are employed by or represent City. The information provided includes a list of former County and District administrative officials who terminated COUNTY or District employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of City. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Administrative Officer or member of such officer’s staff, County or District department or group head, assistant department or group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit. 26. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement District determines that City has made a material misstatement or misrepresentation, or that materially inaccurate information has been provided, this Agreement may be immediately terminated. If the Agreement is terminated according to this provision, the District is entitled to pursue any available legal remedies. 27. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized official of such party; and no waiver of any default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further exercise of such right or of any further default. 28. Severability. If any provisions of this agreement, or portions thereof, or the application thereof to any circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application thereof to other circumstances shall nevertheless be valid. 29. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below: DISTRICT: Monica Ronchetti Deputy Fire Marshal/CUPA Manager Household Hazardous Waste Section 2824 East “W” Street San Bernardino, CA 92415-0799 CITY: City of Adelanto P.O. Box 10 Adelanto, CA 92301 30. Entire Agreement. A. This agreement is intended by the parties hereto as a final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and supersedes any and all prior and contemporaneous agreements and understandings. B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.21

Revised 7/15/19 Page 6 of 6 31.This agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterpart shall together constitute one and the same agreement. The parties shall be entitled to sign and transmit an electronic signature of this agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed agreement upon request. IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Secretary thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day, month and year written. FOR COUNTY USE ONLY Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Scott Runyan, Supervising Deputy County Counsel Date Date Date SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT (Print or type name of corporation, company, contractor, etc.) By Curt Hagman, Chairman, Board of Directors (Authorized signature - sign in blue ink) Dated: Name SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract) DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title Lynna Monell, Secretary (Print or Type) By Dated: Deputy Address22

RESOLUTION NO. 22-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE HOUSEHOLD HAZARDOUS WASTE AGREEMENT WITH THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT WHEREAS, California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste Element (HHWE), which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the city or county and which should be separated from the solid waste stream; WHEREAS, San Bernardino County and each of the cities in the County have developed HHWE which identify a county-wide cooperative program for the management of Household Hazardous Waste; WHEREAS, the existing Household Hazardous Waste program operated by the San Bernardino County Fire Protection District (“District”) is consistent with the adopted HHWE; WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling; WHEREAS, the District has provided Household Hazardous Waste Collection services on behalf of the City for the last five years and the current Household Hazardous Waste Collection Agreement is set to expire in June 2022; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Adelanto hereby authorizes the City Manager of the City of Adelanto to execute, on behalf of the City Council of Adelanto, the Household Hazardous Waste Collection Agreement with the San Bernardino County Fire Protection District, including any extensions or amendments thereof. PASSED, APPROVED AND ADOPTED this 9th day of March, 2022. ______________________________ Gabriel Reyes, Mayor _______________________________ Brenda Lopez, City Clerk23

Resolution No. 22-13 Page 2 I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-13 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 9th day of March, 2022 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 9th day of March, 2022. ______________________________ Brenda Lopez, City Clerk24

CITY COUNCIL AGENDA REPORT DATE: March 9, 2022 TO: Honorable Mayor and City Council Members FROM : Jessie Flores, City Manager BY: Marc Tran, City Attorney SUBJECT: DISCUSSION AND CONSIDERATION OF ORDINANCE NO. 625 TO ADD A NEW CHAPTER 9.110 TO THE CITY’S MUNICIPAL CODE PERTAINING TO NOISE CONTROL STAFF RECOMMENDS: It is recommended that the City Council of Adelanto introduce and waive the first reading of Ordinance No. 625 designed to limit the adverse effects of unwanted and intrusive noises within the City of Adelanto (“City”). This Ordinance will create criteria and procedure for the measuring of sound levels in accordance with various zoning areas. The Ordinance will also address penalties. As well as penalties for violations of specified noise levels. BACKGROUND: The California Constitution and California Health and Safety Code Section 46001 provide cities with the authority to declare, prohibit, and abate nuisances. These nuisances can include excessive noises that at high enough levels can create serious hazards to the public health and welfare. The continuous bombardment of noise within City limits can lead to physiological, psychological, and economic damage. In an effort to continue promoting a safe and nuisance free environment, Staff seeks to pass this Noise Control Ordinance. The City Municipal Code currently addresses noise control in the context of animal noise (AMC, § 7.04.070), motor vehicles (AMC, § 10.30.080), and construction (AMC, § 17.90.020). In addition, noise complaints could be addressed as a general public nuisance issue under Chapter 8.25. However, the City does not currently have a specific noise control ordinance. ANALYSIS: Ordinance No. 625 would create a regulatory structure that specifically addresses noise issues throughout the City. The following is a summary of the proposed ordinance: General Changes - Sets ambient noise level limitations for various zoning areas. - Creates procedures for the measuring of sound levels through quantitate and qualitative data.25

February 9, 2022 Page 2 - Establishes, exemptions for noise created through necessity, such as City construction, public events, and emergency services. - Provides a comprehensive list of acts classified as noise disturbances. - Creates a right for the City to assess penalties and conduct civil proceedings pertaining to noise control violations. FISCAL IMPACT: The ordinance calls for the use of Type S2A Sound Level Meter. Additional fiscal impacts include staff time for enforcement efforts that may be offset by citations.26

1 ORDINANCE NO. 625 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, ADDING CHAPTER 9.110 (NOISE CONTROL) TO TITLE 9 (PUBLIC PEACE, SAFETY AND MORALS) OF THE ADELANTO MUNICIPAL CODE WHEREAS, the City of Adelanto is a municipal corporation, duly organized under the constitution and laws of the State of California; WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; WHEREAS, the California Health and Safety Code Section 46001 provides that the City of Adelanto may make and enforce additional regulations to declare, prohibit, and abate nuisances within its city limits; WHEREAS, the City Council finds that unnecessary noise in residential areas of this township is detrimental to the public health and safety and constitutes a public nuisance; and WHEREAS, the City Council also finds and recognizes that certain levels of noise are unavoidable; and WHEREAS, the City Council finds that the elimination of noise beyond that which is essential to everyday living is beneficial to all residents of the City. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in full herein. Section 2. Chapter 9.110 of Title 9, is hereby added to the Adelanto Municipal Code to read as follows: Chapter 9.110 Noise Control Sections: 9.110.010 Purpose 9.110.020 Definitions 9.110.030 Noise Measurement Criteria 9.110.040 Noise Measurement Procedure 9.110.050 Base Ambient Noise Levels 9.110.060 Noise Levels Prohibited 9.110.070 Noise Source Exemptions27

2 9.110.080 Disturbing Noises Prohibited 9.110.090 Noise Disturbances- Acts Specified 9.110.100 Notice and Penalties 9.110.010 Purpose. The purpose of this chapter is to establish criteria and standards for the regulation of noise levels within the City of Adelanto. The City Council declares and finds that excessive noise levels are detrimental to the public health, welfare, and safety and contrary to the public interest. It is the intent of this chapter to protect persons form excessive levels of noise from sources including but not limited to; persons, animals, or fowl; automobiles, motorcycles, engines, machines, or other mechanical devices; loudspeakers, musical instruments, radios, televisions, record players or other amplifying devices. This chapter includes standards for the measurement of noise levels to ensure that noise levels do not disturb and interfere with the peace, comfort, or repose of the residents of the neighborhood from which the noise is emitted. 9.110.020 Definitions. The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: A. “A-weighted sound level” means the sound pressure level in decibels as measured on a sound level meter using A-weighting network. The level to read is designated db(A) or dB(A). B. “Ambient Noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding any intrusive noise. C. "Commercial area" means any area occupied by businesses which sell, rent, trade, or store goods, or which provide a service. D. “Consumer” means a Person who purchases a Tobacco Product for consumption and not for Sale to another. E. "Decibel (dB)" means a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter). F. "Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.28

3 G. "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. H. "Industrial area" means any area occupied by land uses whose primary operation involves manufacturing, assembling, processing, or otherwise treating raw materials, semifinished products, or finished products, for packaging and distribution to either wholesale or retail markets. I. "Noise" means any sound which annoys or disturbs humans, or which causes or tends to cause an adverse psychological or physiological effect on humans. J. "Noise disturbance" means any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property. K. "Noise sensitive zone" means any area designated for the purpose of insuring exceptional quiet. L. "Noise source" means a disturbance-causing operation which originates from a single unit or noise generating mechanism which operates simultaneous ly. Example of a single noise source is the combination of motor, pump, and compressor; oil drilling rig; or a power plant with several boilers. M. "Noise zone" means defined areas or regions of a generally consistent land use community wherein the ambient noise levels are generally similar (within a range of five (5) decibels). Typically, most sites within any given noise zone will be of comparable proximity to major noise sources. N. "Noncommercial purpose" means the use, operation, or maintenance of any sound equipment for other than a commercial purpose, including, but not limited to, philanthropic, political, patriotic and charitable purposes. O. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. P. "Public space" means any real property or structures thereon which are owned or controlled by a governmental entity. Q. "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.29

4 R. "Sound" means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. S. "Sound amplifying equipment" means any machine or device for the amplification of the human voice, or music, or any other sound, excluding standard automobiles when used and heard only by the occupants of the vehicle in which the device is installed and, as used in this Chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. T. "Sound level" means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C, as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-l971 or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply. U. "Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which satisfies the requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meters, S1.4- 1971, or the most recent revision thereof. V. "Vibration" means mechanical motion of the earth or ground, building, or other type of structure, induced by the operation of any mechanical device or equipment located upon or affixed thereto. 9.110.030 Noise Measurement Criteria. Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in this chapter. The location selected for measuring exterior noise levels shall be at any point on the property line of the offender or anywhere on the affected property. 9.110.040 Noise Measurement Procedure. A. The measurement procedure presented in this Section assumes that personnel performing the noise measurements have been trained in the use of the instruments and in interpretation of measured data. Upon receipt of a complaint from a citizen, an agent of the City, equipped with sound level measurement equipment satisfying the requirements specified in Section 9.110.020, shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem, and shall include the following:30

5 1. Nonacoustic Data. a. Type of noise source. b. Location of noise source relative to complainant's property. c. Time period during which noise source is considered by complainant to be intrusive. d. Total duration of noise produced by noise source. e. Date and time of noise measurement survey. 2. Procedure. Utilizing the A weighting scale of the sound level meter and the slow meter response, the noise level shall be measured at a position or positions along the complainant's property line closest to the noise source or at the location along the boundary line where the noise level is at a maximum. In general, the microphone shall be located five feet (5') above the ground; ten feet (10') or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made at a point at least four feet (4') from the wall, ceiling, or floor nearest the noise source with windows in the normal seasonal configuration. Calibration of the instrument being used shall be performed immediately prior to and following the recording of any noise data utilizing the acoustic calibrator. 9.110.050 Base Ambient Noise Levels. All ambient noise measurements shall commence in decibels within the respective zones and times as follows: Zone Time Sound Level Decibels All Residential Zones 10:00pm to 7:00am 7:00am to 10:00pm 55 dB(A) All Commercial Zones Anytime 70 dB(A) All Industrial Zones Anytime 75 dB(A) If the ambient noise level exceeds the applicable limit as noted in the above table, the ambient noise level shall be the standard. 9.110.060. Noise Levels Prohibited A. Unless otherwise permitted, noise levels shall not exceed the ambient noise levels in Section 9.11.060 by the following dB(A) levels for the cumulative period of time specified:31

6 1. Less than 5dB(A) for a cumulative period of more than thirty minutes in any hour. 2. Less than 10 dB(A) for a cumulative period of more than fifteen minutes in any hour. 3. Less than 15 dB(A) for a cumulative period of more than five minutes in any hour. 4. Less than 20 dB(A) for a cumulative period of more than one minute in any hour. 5. 20 dB(A) or more for any period of time. 9.110.070 Noise Source Exemptions. A. The following activities shall be exempted from the provisions of this chapter: 1. All mechanical devices, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work. 2. The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation projects, public works projects or essential public works services and facilities. 3. Activities conducted on the grounds of any elementary, intermediate, secondary, or post-secondary school. 4. Outdoor gatherings, public dances and shows, provided said events are conducted pursuant to a permit as required by this Code. 5. Activities conducted in public parks and public