CITY COUNCIL MEETING - IN PERSON AND - TELECONFERENCE - 1-669-900-6833 - Webinar ID: 931 4644 4676 - Passcode: 7601 -https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09

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 June 22, 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 . Open Session: 7:00 p.m. City Council, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence. 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: NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting. The public may view the meeting or participate / comment remotely as follows: • All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting. • Participate via zoom please log in using any of the options below:1

REGULAR MEETING JUNE 22, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us • Teleconference https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 Or Telephone: 1-669-900-6833 Webinar ID: 931 4644 4676 Passcode: 7601 Submit written comments: We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to blopez@ci.adelanto.ca.us; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301. Rules of Decorum “Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting. Disruptive conduct may include, but is not limited to: • Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted. When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues. If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.) MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff2

REGULAR MEETING JUNE 22, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 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. A. CALL TO ORDER— REGULAR MEETING TIME: _____________ ROLL CALL: Councilor Evans ________ Councilor Jeannette ________ Councilor Ramos ________ Mayor Reyes ________ B. CITY COUNCIL ANNOUNCEMENTS AND REPORTS C. CITY MANAGERS ANNOUNCEMENTS AND REPORT D. PRESENTATIONS3

REGULAR MEETING JUNE 22, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us E. PUBLIC COMMUNICATIONS This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes. Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda F. 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 Government Code Section 54953(E). RESOLUTION NO. 22-48 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 JUNE 22, 2022, THROUGH JULY 22, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e) 3. Receive and File Cannabis Department Report.4

REGULAR MEETING JUNE 22, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 4. Consideration of Resolution No. 22-47 to continue the budget for the Fiscal Year commencing July 1, 2021 and ending June 30, 2022. RESOLUTION NO. 22-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, ADOPTING A RESOLUTION TO CONTINUE THE BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022. 5. Approval of 2nd Reading of Ordinance No. 627 entitled: ORDINANCE NO. 627 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RETITLING AND AMENDING, IN ITS ENTIRETY, SECTION 17.20.080 (SECOND 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 UNIT AND JUNIOR ACCESSORY DWELLING UNIT REGULATIONS SO THAT SUCH REGULATIONS ARE CONSISTENT WITH GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 AND FINDING THAT THIS ORDINANCE IS STATUTORILY EXEMPT FROM CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 6. Approval of 2nd Reading of Ordinance No. 631 entitled: ORDINANCE NO. 631 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA,ADDING CHAPTER 9.110 (NOISE CONTROL) TO TITLE 9 (PUBLIC PEACE, SAFETY AND MORALS) OF THE ADELANTO MUNICIPAL CODE REGULATING NOISE LEVELS5

REGULAR MEETING JUNE 22, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 7. Approval of 2nd Reading of Ordinance No. 632 entitled: ORDINANCE NO. 632 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA ADDING CHAPTER 5.82 “SIDEWALK VENDORS” TO TITLE 5 (BUSINESS LICENSES AND REGULATIONS) OF THE ADELANTO MUNICIPAL CODE TO ESTABLISH A SIDEWALK VENDING PROGRAM IN COMPLIANCE WITH SENATE BILL 946 8. Approve Amendment Number 5 to Waste Disposal Agreement No. 04-321 Amending the Section 4.2 With San Bernardino County and Authorize the City Manager to Sign and execute the Contract. 9. Approval of Warrant: a. Approval of City of Adelanto Warrant, 21/22-12-02- 147092 through 147211 in the total amount of $3,954,381.19. b. Approval of City of Adelanto EFT – N/A M__________________S__________________ACTION__________________ G. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council or member of the audience requests a separate discussion on an item. PUBLIC COMMENT: OPEN: CLOSED: 1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council. 2. Consideration of Resolution No. 22-02 to continue the Budget for the APUA Fiscal Year Commencing July 1, 2021 and ending June 30, 2022.6

REGULAR MEETING JUNE 22, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RESOLUTION NO. 22-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADELANTO PUBLIC UTILITY AUTHORITY ADOPTING A RESOLUTION TO CONTINUE THE BUDGET FOR THE APUA FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 3. Receive and file Water Department Report. 4. Receive and file Sewer Department Report. M__________________S__________________ACTION____________________ H. APUA - PUBLIC HEARING OPEN PUBLIC HEARING: CLOSE PUBLIC HEARIING: 1. PUBLIC HEARING – OPEN A PUBLIC HEARING AND ADOPT RESOLUTION 22-03 PROVIDING FOR THE COLLECTION OF WATER AND SEWER STANDBY FEES BY THE COUNTY TAX COLLECTOR AT THE SAME TIME AS AND TOGETHER WITH THE GENERAL TAXES OF THE CITY. (DERIK) RECOMMENDATION: Open a Public Hearing and adopt Resolution No. 22-03 approving the report and placing Water and Sewer Standby Fees on the tax roll for collection by the County for Fiscal Year 2022-2023. RESOLUTION NO. 22-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, PROVIDING FOR THE COLLECTION OF WATER AND SEWER STANDBY FEES BY THE COUNTY TAX COLLECTOR AT THE SAME TIME AS AND TOGETHER WITH THE GENERAL TAXES OF THE CITY. M__________________S__________________ACTION__________________7

REGULAR MEETING JUNE 22, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us I. NEW BUSINESS PUBLIC COMMENT: OPEN: CLOSED: 1. APPROVE AMENDMENT NO. 3 TO TKE ENGINEERING, INC.’S (TKE) PROFESSIONAL ENGINEERING SERVICES CONTRACT TO EXTEND THE TERM OF THE AGREEMENT AND MODIFY THE NOT TO EXCEED AMOUNT TO BE PAID. (ANGEL) RECOMMENDATION: Staff recommends City Council approve an amendment No. 3 to TKE’s professional engineering contract to extend the term of the agreement and modify the amount of compensation paid. M__________________S__________________ACTION___________________ PUBLIC COMMENT: OPEN: CLOSED: 2. APPROVE AMENDMENT NO. 4 TO PACIFIC CODE COMPLIANCE LLC’S (PCC) PROFESSIONAL SERVICES CONTRACT TO EXTEND THE TERM OF THE AGREEEMNT AND SET “NOT TO EXCEED” AMOUNT OF COMPENSATION OT BE PAID.– (ANGEL) RECOMMENDATION: Staff recommends City Council approve an amendment to Pacific Code Compliance, LLC’s professional services contract to extend the term of the agreement and modify the amount of compensation paid. M__________________S__________________ACTION____________________ PUBLIC COMMENT: OPEN: CLOSED: 3. CONSIDERATION OF AMENDMENT NO.4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ANESE & ASSOCIATES LLC TO EXTEND THE CONTRACT TERM ON A MONTH-TO-MONTH BASIS FOR PERIOD NOT TO EXCEED A TOTAL OF SIX MONTHS – (ANGEL) RECOMMENDATION: Staff recommends City Council approve an amendment No. 4 to Anese & Associates LLC professional services contract to extend the term of the agreement and modify the amount of compensation paid. M__________________S__________________ACTION____________________8

REGULAR MEETING JUNE 22, 2022 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us PUBLIC COMMENT: OPEN: CLOSED: 4. CONSIDERATION AND ADOPTION OF A RESOLUTION AUTHORIZING A PROCEDURE FOR DONATIONS TO NONPROFIT ORGANIZATIONS FROM THE ADELANTO COMMUNITY BENEFIT CORPORATION. (CITY ATTORNEY) RECOMMENDATION: Staff recommends that the City Council approve and adopt Resolution No. 22-49 authorizing the donations from the Adelanto Community Benefit Corporation (ACBC) to nonprofit organizations in order to provide financial assistance to community service organizations and nonprofit corporations. M__________________S__________________ACTION____________________ J. ADJOURNMENT The next Regular Meeting of the City Council will be held on July 13, 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 JUNE 17, 2022, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA. Brenda Lopez, City Clerk, CMC K. DECLARATION OF POSTING9

REGULAR MEETING JUNE 22, 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 adoption10

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 JUNE 22, 2022 City Council, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence. 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 zoom please log in using any of the options below: Teleconference https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 TIME TELECONFERENCE To Participate and and Call in for public comments: Open Session – 7:00 p.m. Please call 1-669-900-6833 along with conference code 931 4644 4676 Passcode: 7601 Dated: June 17, 2022 Brenda Lopez, City Clerk, CMC11

CITY COUNCIL AGENDA REPORT DATE: June 22, 2022 TO: Honorable Mayor and City Council Members FROM: Jessie Flores, City Manager BY: Marc Tran, City Attorney SUBJECT: CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY BODIES UNDER GOVERNMENT CODE SECTION 54953(e) STAFF RECOMMENDATION: It is staff's recommendation that the City Council adopt and approve the attached resolution, reauthorizing 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). 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(e)) 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: 1. State or local officials have imposed or recommend social distancing; or 2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of12

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. The statewide declaration of emergency continues, in addition, the “SBCOVID-19” section of the San Bernardino County (“County”) website continues to state, “masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public).” With the recommendation that masks continue to be used along with the confirmation of new variants within the County, the City desires to continue to hold meetings under the modified teleconferenced rules. 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 thirty (30) days thereafter. On May 25, 2022, the City Council adopted Resolution No. 22-35 authorizing modified remote teleconference meetings through June 24, 2022, to avoid lapse the Council is requested to adopt the attached resolution. FISCAL IMPACT: There is no fiscal impact to the City. ATTACHMENTS: Resolution No. 22-13 48

- 1 - RESOLUTION NO. 22-48 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 JUNE 22, 2022, THROUGH JULY 22, 2022, PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e) WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Adelanto (“City”); and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California; and WHEREAS, 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; and WHEREAS, on March 13, 2020, in response to the conditions of extreme peril to the safety of persons within the City of Adelanto, the Adelanto City Council (“City Council”) declared a local emergency; and WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act (“Brown Act”), this waiver was extended through September 30, 2021, by Executive Order N-08-21; and WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, the “SBCOVID-19” section of the San Bernardino County website states that masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses; and WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in14

RESOLUTION NO. 22-48 - 2 - the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; and WHEREAS, the City finds that the continuous spread of COVID-19 throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City; and WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the local recommendations for masks for all individuals, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by Government Code Section 54953(e) to allow the City Council and all City Boards and Commissions to meet under the abbreviated teleconferencing procedures. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by reference. SECTION 2. The City Council hereby considers the conditions of the State of Emergency in the County and City and proclaims that a local emergency in response to the COVID-19 pandemic persists. SECTION 3. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020. SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act. SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective from June 22, 2022, until the earlier of July 22, 2022, or such time as the City Council15

RESOLUTION NO. 22-48 - 3 - adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Adelanto may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953. SECTION 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution. SECTION 7. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this 22nd day of June 2022. ______________________________ Gabriel Reyes, Mayor _______________________________ Brenda Lopez, City Clerk16

RESOLUTION NO. 22-48 - 4 - I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-48 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 22nd day of June 2022be 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 22nd day of June, 2022. ______________________________ Brenda Lopez, City Clerk17

CITY COUNCIL AGENDA REPORT DATE: June 22, 2022 TO: Honorable Mayor and City Council Members FROM: Jessie Flores, City Manager BY: Jaimie Lewis, Contract Service – Cannabis Compliance & Auditing SUBJECT: AUDITORS REPORT ON CANNABIS COMPLIANCE ACTIVITIES FOR THIRD QUARTER FY 21/22 STAFF RECOMMENDATION: It is recommended that the City Council receive and file the Auditors report of activities associated with Cannabis Compliance for the City of Adelanto. BACKGROUND: See attached. FISCAL IMPACT: $4,321,860 in cannabis compliance generated revenue has been received for fiscal year 2022 to date. This revenue represents cannabis excise taxes and cannabis permit renewal fees generated by the cannabis compliance department. ATTACHMENTS: Report on Cannabis Compliance for January 1, 2022-March 31, 2022 (FY 3Q22)18

3RD QUARTER FY21/22 CANNABIS COMPLIANCE REPORT January 2022-March 2022 M A Y 2 0 2 2 C I T Y O F A D E L A N T O P R E P A R E D B Y : Jaimie Lewis, MPA Contracted Cannabis Compliance Services Anese & Associates LLC19

Q U A R T E R L Y C A N N A B I S C O M P L I A N C E R E P O R T P A G E 0 1 QUARTERLY NOTABLE ACTIVITIES Taxes for 3rd quarter FY21/22 were due April 30, 2022. This quarter achieved 100% compliance from active operators. Those who have not reported excise taxes are providing proof that they did not actively operate this quarter or have been recommended for revocation action to the State's Department of Cannabis Compliance (DCC). Tax Payments Due The DCC has aknowledged their online search function is not working correctly and that not all active operators are being reflected. That is an internal error and they are in the process of rectifying the situation. Department of Cannabis Control 2021 Cannabis Excise Tax Audits are underway. Engagement letters were sent out in April. Audits20

Q U A R T E R L Y C A N N A B I S C O M P L I A N C E R E P O R T P A G E 0 2 3Q FY21/22 FINANCIAL SUMMARY $997,236Cannabis Tax Revenue Received This Quarter $241,640Cannabis Permit Renewal Fees Received This Quarter $4,321,860YTD Cannabis Compliance Revenue21

STATE WIDE UPDATES The Department of Cannabis Control announced in March their new Licensee resource, CannaConnect! This new compliance-hub was shared with Adelanto operators in April. Learn more about it by visiting https://cannabis.ca.gov/licensees/cannaconnect-compliance-hub/ Q U A R T E R L Y C A N N A B I S C O M P L I A N C E R E P O R T P A G E 0 3 California Gov. Gavin Newsom wants to give marijuana growers a break by eliminating a tax they’re required to pay even before they make a sale. Newsom announced Friday in a 2022-23 budget that he intends to seek for the elimination of the cannabis cultivation tax, paid for by the growers. The proposal must be approved by California lawmakers; it would go into effect July 1 if they agree to it. Read more at: https://www.sacbee.com/news/politics-government/capitol- alert/article261391172.html#storylink=cpy Nearly a quarter of the members of the U.S. Senate are joining together to call on congressional leaders to ensure that marijuana banking provisions are enacted into law as part of a large-scale manufacturing bill. Cannabis Banking Update State Tax News22

Q U A R T E R L Y C A N N A B I S C O M P L I A N C E R E P O R T P A G E 0 4 YTD REVENUE BREAKDOWN Some operators have surrendered their licenses this quarter. They were not active tax payers due to their inability to get up an operating. Analysis $4,321,86023

Q U A R T E R L Y C A N N A B I S C O M P L I A N C E R E P O R T P A G E 0 5 CANNABIS EQUITY IS HERE! This summer, the City will undergo an equity assessment that will help to analyze and prepare recommendations for the City of Adelanto's first ever Cannabis Equity Program. On May 19th, the Cannabis Compliance Department met with cannabis equity leaders Statewide to discuss successes, challenges, and future plans for other jurisdictions as they relate to operating cannabis equity programs. Through these relationships, Adelanto is sure to have a program that generates additional revenue and answers the call of the community who has sought an equity program in Adelanto for so long. More details will be provided this Fall after the equity assessment has been completed to make recommendation to the council on what the City of Adelanto's Cannabis Equity Program eligibility requirements will be. GoBiz Grant Award for $75,00024

Cultivation Excise Tax Gross Receipts Reported Excise Tax Permit Renewal Fees $1,453,019 $2,213,713 $1,104,356 $4,771,088 Q U A R T E R L Y C A N N A B I S C O M P L I A N C E R E P O R T P A G E 0 6 Cannabis Compliance End of Year Projected Revenue FISAL YEAR 2021-2022 PROJECTIONS Total Revenue & Gains Fiscal Year Comparison 2019 initial investment in compliance 2020 tax rate increase, permit renewal project 2021 industry stabilization 191.54% 147.88% 6.7% Current year % of increase compared to previous years25

Q U A R T E R L Y C A N N A B I S C O M P L I A N C E R E P O R T P A G E 0 7 Cannabis Business Licenses issued of all status' (Per HDL) OPERATOR COUNTS MAY 2022 Active Cannabis Operator Permits (Per Planning Department) Active Cannabis Operator Remitting Excise Taxes Quarterly (Per Finance Department) Cannabis Licenses Issued by State (Per Department of Cannabis Control DCC) 108 85 96 8526

CONTACT US Phone 760-780-8189 Email jlewis@ci.adelanto.ca.us ...with any questions regarding Cannabis Compliance or the contents of this report.27

CITY COUNCIL AGENDA REPORT DATE: June 22, 2022 TO: Honorable Mayor and City Council Members FROM: Jessie Flores, City Manager BY: Angel Castellanos, Finance Director; Derik Despain, Senior Accountant SUBJECT: CONSIDERATION OF RESOLUTION NO. 22-47 TO CONTINUE THE BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022. STAFF RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 22-47 to continue the budget for the Fiscal Year commencing July 1, 2021 and ending June 30, 2022. BACKGROUND: Article IX, Section 901 of the Charter of the City of Adelanto sets forth the process for the adoption of the annual budget. Staff presented the Mid-Year Budget Report at a special meeting on March 29, 2022. Since this update staff has been working to complete the Annual budget for Fiscal Year 2022/2023. At this time Staff estimates that the preliminary budget will be available for presentation to the Council at the end of July and final budget in August. Considering that the current Fiscal Year (FY) 2021/2022 budget and spending authority ends on June 30, 2022, it is necessary for the City Council to authorize continued spending, via the attached Resolution No. 22-47, after such date and until the FY22/23 budget is adopted. FISCAL IMPACT: None at this time. The fiscal impact will be included as part of the FY22/23 budget. ATTACHMENTS: 1. Resolution 22-47 – Authorization to Continue the Budget28

RESOLUTION NO. 22-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, ADOPTING A RESOLUTION TO CONTINUE THE BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 WHEREAS, the City has duly passed the Fiscal Year 2021/2022 budget; and WHEREAS, the presentation of the Fiscal Year 2022/2023 budget has been delayed; and WHEREAS, the Fiscal Year 2021/2022 budget ends on June 30, 2022; and WHEREAS, the City Council deems it appropriate to continue the operation of City services until the passage of the Fiscal Year 2022/2023 budget; and WHEREAS, the City is authorized to adopt a resolution that continues expenditures under the prior year’s budget as necessary to authorize the expenditure of City funds before the City Council adopts a budget for the new fiscal year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals set forth above are true and correct and are hereby incorporated into this Resolution. SECTION2. The City Council of the City of Adelanto does continue the Fiscal Year 2021/2022 annual budget in full force and effect until August 30, 2022 or adoption of the Fiscal Year 2022/2023 budget, except for capital expenditures which may require City Council approval. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original resolutions. SECTION4. This Resolution shall become effective immediately upon its adoption.29

Resolution No. 22-47 Page 2 PASSED, APPROVED AND ADOPTED this 22rd day of June, 2022. ______________________________ Gabriel Reyes, Mayor _______________________________ Brenda Lopez, City Clerk30

Resolution No. 22-47 Page 3 I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-47 was duly and regularly adopted at a meeting of the City Council of the City of Adelanto on this 22rd day of June, 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 22rd day of June, 2022. ______________________________ Brenda Lopez, City Clerk31

EXHIBIT B (CA 22-02) 1 ORDINANCE NO. 627 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RETITLING AND AMENDING, IN ITS ENTIRETY, SECTION 17.20.080 (SECOND 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 UNIT AND JUNIOR ACCESSORY DWELLING UNIT REGULATIONS SO THAT SUCH REGULATIONS ARE CONSISTENT WITH GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22 AND FINDING THAT THIS ORDINANCE IS STATUTORILY EXEMPT FROM CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 WHEREAS, the City of Adelanto (“City”) supports and will assist the development of accessory dwelling units and junior accessory dwelling units by retitling and amending Section 17.20.080 (Second Units) to comply with Government Code Sections 65852.2 and 65852.22; and WHEREAS, this Code Amendment 22-02 / Ordinance No. 627) and its Exhibit C (collectively referred to as the “Ordinance”) will retitle and amend, in its entirety, Section 17.20.080 (Second 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 unit and junior accessory dwelling unit regulations to be consistent with Government Code Sections 65852.2 and 65852.22; and WHEREAS, on April 6, 2022, the Planning Commission conducted a legally noticed public hearing for this Ordinance, which is attached hereto, and recommended approval of this Ordinance to 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 June 8, 2022, 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 WHEREAS, Government Code Section 65852.2 requires that this Ordinance be submitted to California Department of Housing and Community Development (“HCD”) for their review; and WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES ORDAIN AS FOLLOWS:32

EXHIBIT B (CA 22-02) 2 SECTION 1. The recitals above are true and correct and incorporated herein by reference. SECTION 2. The City Council has reviewed and considered this Ordinance No. 627. The City Council further finds and determines that the City has complied with the California Environmental Quality Act (CEQA) and this Ordinance is Statutorily Exempt from CEQA pursuant to Public Resources Code Section 21080.17 which states that CEQA does not apply to the adoption of an ordinance by a city or county to implement provisions of Government Code Sections 65852.2 and 65852.22. This Ordinance is being adopted to implement provisions of Government Code Sections 65852.2 and 65852.22. This determination reflects the independent judgment of the City Council. SECTION 3. Section 17.20.080 (Second Units) of Chapter 17.20 (Residential Districts) of Title 17 (Adelanto Zoning Ordinance) of the Adelanto Municipal Code is hereby added to state the following: Code Amendment No. 22-02/Ordinance No. 627 A. This Code Amendment / Ordinance No. 627 will not result in a significant adverse effect on the environment. The California Environmental Quality Act (CEQA) state that the project is Statutorily Exempt pursuant to Public Resources Code Section 21080.17 which states that CEQA does not apply to the adoption of an ordinance by a city or county to implement provisions of Government Code Sections 65852.2. and 65852.22. This Ordinance is being adopted to implement provisions of Government Code Sections 65852.2. and 65852.22. B. This Code Amendment / Ordinance No. 627 will not conflict with the goals, policies, and implementation measures set forth in the General Plan and Zoning Ordinance because the purpose of the Ordinance is to support and promote affordable housing by encouraging the development of Accessory Dwelling Units and Junior Accessory Dwelling Units. The Zoning Code simplifies the requirements for constructing Accessory Dwelling Units and Junior Accessory Dwelling Units so that they will be compatible with the existing neighborhood. C. This Code Amendment / Ordinance No. 627 will not have a negative effect on public health, safety, or the general welfare of the community because the Accessory Dwelling Units and Junior Accessory Dwelling Units Ordinance in its entirety, simplifies the process for permitting these units and promotes development of affordable housing that enhance the built environment and support further the city goals for providing affordable housing that is compatible with the surrounding neighborhoods. SECTION 4. Based upon the forgoing, all oral and written presentations made33

EXHIBIT B (CA 22-02) 3 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 June 8, 2022 the City Council hereby approves this Ordinance No. 627 (Code Amendment No. 22-02), which retitles and amends, in its entirety, Section 17.20.080 (Second Units) of Chapter 17.20 (Residential Districts) of Title 17 of the Adelanto Municipal Code as provided in Exhibit 1 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 65852.2 and to make any non-substantive and/or technical changes to Code Amendment 22-02 / Ordinance No. 627 as may be required by HCD. Section 5. Section 17.20.080 of Chapter 17.20 of Title 17 of the Adelanto Municipal Code shall be retitled and amended in its entirety as provided in Exhibit C of this Ordinance, provided that such retitling and amendment shall include the non- substantive and/or technical changes described in Section 4 hereof. Section 6. 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 7. 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. EXHIBITS: Exhibit B – Ordinance No. 627 Exhibit C – to Ordinance No. 627: Proposed Section 17.20.080 of Chapter 17.20 of Title 17 of the Adelanto Municipal Code, relating to Accessary Dwelling Units and Junior Accessory Dwelling Units34

EXHIBIT B (CA 22-02) 4 PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto at the regular meeting of this 22nd day of June, 2022. Gabriel Reyes, Mayor ATTEST: Brenda Lopez, City Clerk APPROVED AS TO FORM: _________________________________ Marc Tran, City Attorney35

EXHIBIT B (CA 22-02) 5 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS: CITY OF ADELANTO ) I, Brenda Lopez, City Clerk of the City of Adelanto, hereby certify that the foregoing Ordinance No. 627 was passed and adopted by the City Council of the City of Adelanto, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 8th day of June 2022 and that said Ordinance 627 and its Attachment C was adopted by the following vote, to-wit: AYES: NOES: ABSTAIN: ABSENT: Brenda Lopez, City Clerk36

CITY COUNCIL AGENDA REPORT DATE: June 22, 2022 TO: Honorable Mayor and City Council Members FROM: Jessie Flores, City Manager BY: City Attorney SUBJECT: RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION OF CHAPTER 9.110 TO THE ADELANTO MUNICIPAL CODE FOR A NOISE CONTROL ORDINANCE STAFF RECOMMENDS: Staff recommends that the City Council adopt proposed Ordinance No. 631, also referred to as “Noise Control”, designed to limit the adverse effects of unwanted and intrusive noises within the City of Adelanto (“City”). This Ordinance will create criteria and procedures for the measuring of sound levels in accordance with various zoning areas, as well as penalties for noise level violations pursuant to the Adelanto Municipal Code. It shall take effect thirty (30) days after passage. BACKGROUND: This ordinance is up for second reading. At the Council’s May 25, 2022 meeting, the Council approved passage of the ordinance so as to incorporate more leniency during the daytime, and to increase the focus on addressing nighttime noise disturbances. ANALYSIS: Increased Daytime Leniency The ordinance incorporates a higher ambient noise level between the hours of 7:00 a.m. and 10:00 p.m. This level is set at 65 decibels (dBA). A washing machine or dishwasher averages 70 decibels according to the Centers for Disease Control and Prevention. The increased daytime noise levels takes into account Councilmembers’ concerns regarding the playing of daytime music while performing activities such as cleaning one’s home, or having an outside conversation. Increased Nighttime Focus The standards for determining whether a noise violation occurs include but are not limited to whether the alleged violation occurs between 10:00 p.m. and 7:00 a.m. The playing of radios, stereos, or loudspeakers at a volume that creates a noise disturbance across a property line between 10:00 p.m. and 7:00 a.m. are prohibited. Additionally, the time an alleged violation occurred is a factor to be considered by the city prosecutor in exercising discretion to charge a violation as a misdemeanor or infraction.37

1 ORDINANCE NO. 631 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, ADDING CHAPTER 9.110 (NOISE CONTROL) TO TITLE 9 (PUBLIC PEACE, SAFETY AND MORALS) OF THE ADELANTO MUNICIPAL CODE REGULATING NOISE LEVELS 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, 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 jurisdictional limits; WHEREAS, the City Council finds that it has a responsibility to protect the health and welfare of its citizens by the control, prevention, and abatement of excessive noise; WHEREAS, the City Council finds that excessive noise in residential areas is detrimental to public health and welfare and constitutes a serious and imminent hazard and a public nuisance, and is imminently injurious to public health and safety; WHEREAS, the City Council finds that City residents should be provided a peaceful environment free from the intrusion of noise that jeopardizes their health or welfare; WHEREAS, the City Council finds and recognizes that while certain levels of noise are unavoidable, the elimination of noise beyond that which is essential to everyday living is beneficial to all residents of the City; and WHEREAS, the City Council seeks to establish the means to prevent and abate intrusions of excessive noise upon its residents and achieve an environment facilitating public health and welfare; 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:38

2 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 Exemptions 9.110.080 Disturbing Noises Prohibited 9.110.090 Noise Disturbances- Acts Specified 9.110.100 Public Nuisance 9.110.110 Notice and Penalties 9.110.120 Additional 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 are contrary to the public interest. It is this chapter’s intent 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; and loudspeakers, speakers, musical instruments, stereos, 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.39

3 C. "Commercial area" means any area occupied by businesses which sell, rent, trade, or store goods, or which provide a service. D. "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). E. "Emergency" means any occurrence or set of circumstances involving actual or imminent danger, physical trauma or property damage that demands immediate action. F. "Emergency work" means any work performed for the purpose of preventing or alleviating the danger, physical trauma or property damage threatened or caused by an emergency. G. "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. H. "Noise" means any sound which annoys or disturbs humans, or which causes or tends to cause an adverse psychological or physiological effect on humans. I. "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. J. "Noise sensitive zone" means any area designated for the purpose of insuring exceptional quiet, including a school (including nursery school and preschool), church, library, courthouse, daycare facility, while the same is in use, or any hospital, nursing home, or care facility. K. "Noise source" means a disturbance-causing operation which originates from a single unit or noise generating mechanism which operates simultaneously. Example of a single noise source is the combination of motor, pump, and compressor; or a power plant with several boilers. L. "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.40