Apple Valley City Council
March 22, 2022

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, March 22, 2022, 6:30 p.m.

Council Chamber

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The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.

This is an agenda for the scheduled meeting of the Town of Apple Valley.

This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.

Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.

In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.

Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.

When called, approach the podium and if desired, please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.

Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.

The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.

Pages

1. Call to Order

2. Opening Ceremonies

2.1. Invocation
Pastor Kit Johnson - Life Point Baptist Church

2.2. Pledge of Allegiance

2.3. Presentations
Presentation by Sheriff Shannon D. Dicus - San Bernardino County Sheriff's Department

3. Public Comments

4. Councilmember Committee/Commission/Community Participation 6 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

5. Town Council Announcements

5.1. Suggested items for next Agenda

5.2. Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - April 12, 2022 - Council Chambers Regular Session at 6:30p.m.

6. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 6.1-6.9 as recommended.

6.1. APPROVAL OF MINUTES 8
That the Town Council approve the subject minutes as part of the consent agenda.

6.2. CONSENT TO AWARD 2022-ROADWAY REPAIR PROJECT 24
Award a contract to Onyx Paving Company, Inc. for the 2022 – Roadway Repair Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;

6.3. AWARD A PROFESSIONAL SERVICES AGREEMENT TO MICHAEL

BAKER INTERNATIONAL FOR THE YUCCA LOMA ELEMENTARY

SAFE ROUTES TO SCHOOL PROJECT
33 Award a Professional Services Agreement to Michael Baker International for the Yucca Loma Elementary Safe Routes to School project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

A.

Approve Budget Amendment Request transferring $50,000 from Paving Priorities.

B.

6.4. AWARD 2022 ENGINEERING AND TRAFFIC SURVEY 63
Award a Professional Services Agreement to KOA Corporation for the 2022 Engineering and Traffic Survey subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6.5. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY AMENDING THE INNOVATION AND TECHNOLOGY

SPECIALIST JOB CLASSIFICATION FOR THE TOWN OF APPLE
VALLEY
88 Approve Resolution No. 2022-09, A Resolution of the Town Council of the Town of Apple Valley, California, amending the Innovation and Technology Specialist job classification.

6.6. SECOND READING OF ORDINANCE 552, 94

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY, CALIFORNIA BY AMENDING SECTION 9.71.040(A)(8)

PERTAINING TO EXTENSION OF TIMES FOR TENTATIVE MAPS,
AND SECTIONS 9.17.100(A) AND 9.17.110(A) PERTAINING TO
APPROVALS AND EXTENSIONS FOR DEVELOPMENT PERMITS.

Adopt Ordinance No. 552.

6.7. SECOND READING OF ORDINANCE 553, 98

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY, CALIFORNIA AMENDING THE OFFICIAL ZONING
DISTRICTS MAP IN TITLE 9 “DEVELOPMENT CODE” OF THE TOWN OF APPLE VALLEY APPROVING ZONE CHANGE NOS. ZC 2022-001; ZC 2022-002; ZC 2022-003 & ZC 2022-004
Adopt Ordinance No. 553.

6.8. SECOND READING OF ORDINANCE 554, 104

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY, CALIFORNIA ADDING SECTION 2.04.160 TO THE TOWN OF

APPLE VALLEY MUNICIPAL CODE ESTABLISHING CAMPAIGN
CONTRIBUTION LIMITATIONS UNDER ASSEMBLY BILL 571
Adopt Ordinance No. 554.

6.9. PAHUTE PARK LEASE AGREEMENT 108
Approve the attached park site lease agreement between the Apple Valley Unified School District (lessor) and the Town of Apple Valley for the purpose of establishing Pahute Park on land owned by the Apple Valley Unified School District for no less than 30 years.

7. Public Hearings

7.1. FOURTH PUBLIC HEARING FOR REDISTRICTING 122
a. Receive a report from staff and the Town’s redistricting consultant on the redistricting process and the draft maps; and
B. Receive input from the public on the draft maps; and C. Receive direction from the Council regarding which final map the Town Council chooses to consider for adoption

8. Business of the Council

8.1. DISCUSSION ON DEMOLITION OF HILLTOP HOUSE 137
Direct staff to proceed with the demolition of the Hilltop House or provide direction to staff.

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update

11. Closed Session
Recommended Motion:

To Adjourn the regular meeting to move into Closed Session at TIME to discuss the following:

11.1. CLOSED SESSION 168
Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.

A.

Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one or more potential cases.

B.

Conference with Real Property Negotiators – Pursuant to Government Code. Section 54956.8. Property: Apple Valley Ranchos Water Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); Authority Negotiator: Town Manager; Negotiating Parties: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company,
Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation:

Price and Terms of Payment.

C.

Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code
Section 54956.9, Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.

D.

12. Adjournment
Recommended Motion:

To adjourn the meeting of the Apple Valley Town Council at TIME.

TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS

CITIZEN ADVISORY COMMITTEES

HISTORICAL ADVISORY COMMITTEE (HAC)
Council Member Cusack
Meets every 2nd Tuesday of each month at 9:00 a.m.,
(location may vary)

SPECIAL ADVISORY COMMITTEES
DISASTER PREPAREDNESS*
Mayor - Chairman
Meets quarterly at 1:30 p.m., Town of Apple Valley
Conference Center - Development Services Building
14975 Dale Evans Parkway, Apple Valley.

TRAFFIC ADVISORY COMMITTEE (TAC)
Council Member Nassif
As needed.

Town Council Chambers

TOWN PERSONNEL COMMITTEE
Council Member Nassif
Mayor Pro Tem Bishop
Meets as Needed

PARK AND RECREATION ADVISORY COMMITTEE
Council Member Nassif
Council Member Emick

AD HOC COMMITTEES

APPLE VALLEY ROAD AD HOC COMMITTEE
Council Member Nassif

VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick

AGENCY - BOARDS/COMMITTEES &

COMMISSIONS

CALIFORNIA JOINT POWERS INSURANCE

AUTHORITY (CJPIA)
Council Member Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.

HIGH DESERT CORRIDOR JOINT POWERS

AUTHORITY (HDCJPA)
Council Member Nassif – Director
Council Member Emick – Alternate
Meets every 2nd Thursday of each quarter at 2:00 p.m.
385 N. Arrowhead Ave, San Bernardino, CA

LEAGUE OF CALIFORNIA CITIES/DESERT

MOUNTAIN DIVISION (LOCC/DMD)
Council Member Nassif- Voting Delegate
Mayor Pro Tem Bishop – Alternate
Meets quarterly on the 4th Friday of every other month
at 10:00 a.m., rotating cities.

MOJAVE DESERT AIR QUALITY MANAGEMENT

DISTRICT (MDAQMD)
Mayor Leon-– Delegate
Council Member Emick – Alternate
Meets every 4th Monday of each month at 10:00 a.m.,
14306 Park Avenue, Victorville

MOJAVE DESERT AND MOUNTAIN RECYCLING

AUTHORITY
Council Member Cusack – Delegate
Mayor Pro Tem Bishop – Alternate
Meets quarterly on the 2nd Thursday February, May,
August and November at 10:00 a.m.
at the Materials Recovery Facility, 17000 Abbey Lane,
Victorville

SAN BERNARDINO COUNCIL OF GOVERNMENTS
(SBCOG)
Mayor Pro Tem Bishop - Board Member
Council Member Cusack – Alternate
Meets 1st Wednesday of each month at 10:00 a.m.,
1170 West 3rd St.

San Bernardino

SOLID WASTE ADVISORY TASK FORCE (SWAT)
Council Member Cusack – Committee Member
Julie Ryan - Alternate
Meets as needed on Wednesdays at 1:30 p.m.

Sam J. Racadio Library & Environmental Learning
Center Community Room 7863 Central Ave. Highland

VICTOR VALLEY ECONOMIC DEVELOPMENT

AUTHORITY (VVEDA)
(George Air Force Base Reuse Task Force)
Council Member Emick – Commissioner
Mayor Pro Tem Bishop – Alternate
Meets every 2nd Wednesday of each quarter at 5:00
p.m., SCLA

VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Council Member Emick – Representative
Mayor Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall

VICTOR VALLEY WASTE WATER RECLAMATION

AUTHORITY (VVWRA)
Council Member Nassif – Commissioner
Mayor Pro Tem Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.

VVWRA Offices

APPLE VALLEY CHAMBER OF

COMMERCE

GOVERNMENTAL RELATIONS COMMITTEE
Mayor Pro Tem Bishop – Representative
Council Member Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.

Town Council Agenda Report
Date: March 22, 2022
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES

From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Town Clerk
Town Clerk
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve the subject minutes as part of the consent agenda.

SUMMARY:

A. Regular Meeting March 8, 2022

1 Apple Valley Town Council

MINUTES
March 8, 2022, 6:30 p.m.

Council Chamber
Members Present: Bishop
Cusack
Curt Emick
Leon
Nassif
_____________________________________________________________________

1. Call to Order
Mayor Leon called to order the regular session of the Apple Valley Town Council at 6:30 p.m.

2. Opening Ceremonies

2.1 Invocation
Pastor Isreal Riley - Christ the Solid Rock LEC

2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Emick.

2.3 Presentations

2.3.1 Certificate of Appointment - Pat Orr - Historical Advisory Commission

3. Public Comments
Marcy Taylor, representing various organizations, commented on upcoming historical events occurring in the Town of Apple Valley. She also thanked the Mayor for her efforts in preserving the historic Buffalo Trading Post sign.

Dan Mitrovich, citizen, respectfully requested that the Town of Apple Valley take a moment of silence to remember those in Ukraine.

4. Councilmember Committee/Commission/Community Participation

2 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

Council Member Emick commented on committee meetings and events that he attended.

Council Member Cusack commented on committee meetings and events that he attended.

Council Member Nassif commented on committee meetings and events that he attended.

Mayor Pro Tem Bishop commented on committee meetings and events that he attended.

Mayor Leon commented on committee meetings and events that she attended.

5. Town Council Announcements

5.1 Suggested items for next Agenda
Mayor Leon commented on possible changes to laws as it relates to the preservation of Joshua Trees. She commented on how the current restrictions could have a negative impact on residential improvements and asked if any updates be provided to the Town Council.

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - March 22, 2022 - Council Chambers Regular Session at 6:30 p.m.

6. Town Council Consent Agenda
La Vonda M-Pearson, Town Clerk, read the disclosure statement for specific warrants listed on the agenda.

Council Member Cusack has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Apple Valley Communications, AV Tech Services or AVCOM Services for the Town of Apple Valley as the owner of these businesses. Therefore, he will be recusing from voting on the warrants for Apple Valley Communications, AV Tech Services and AVCOM Services listed under Agenda Item Number 6.2. In addition, due to his interest in these businesses, Council Member Cusack will be recusing from voting on specific warrants listed under Agenda Item Number 6.2 because these entities are considered sources of income to his businesses. A list of business entities for Council Member

3 Cusack is maintained on file in the Town Clerk’s Office and available for review at the dais.

Council Member Cusack confirmed that he would be recusing from voting on these warrants.

Council Member Nassif has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with NAPA Auto Parts or High Desert Auto Supply for the Town of Apple Valley as the owner of these businesses. Therefore, he will be recusing from voting on the warrants for NAPA Auto Parts and High Desert Auto Supply listed under Agenda Item Number 6.2. In addition, due to his interest in both businesses, Council Member Nassif will also be recusing from voting on specific warrants listed under Agenda Item Number 6.2 because these entities are considered sources of income to his businesses. A list of business entities for Council Member Nassif is maintained on file in the Town Clerk’s Office and available for review at the dais.

Council Member Nassif confirmed that he would be recusing from voting on these warrants.

Mayor Leon has a remote interest in specific warrants on tonight’s Commercial Warrants and Agenda Item 6.5 dealing with Solution Strategies and Christian Brothers as a landlord to these entities. Therefore, she will be recusing herself from voting on the warrants for these businesses and on Agenda 6.5.

Motion by: Mayor Pro Tem Bishop
Seconded by: Council Member Cusack
To approve the Consent Calendar items numbered 6.1-6.8 as recommended.

Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop, and Mayor Leon
Carried (5 to 0)

6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 FEBRUARY 2022 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

4 6.3 FEBRUARY 2022 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

6.4 APPROVE THE UPDATED FINAL DRAFT OF THE HISTORICAL

POINTS OF INTEREST BROCHURE
It is the request of the Historical Advisory Committee that the Town Council review and approve the updated “Historical Points of Interest” brochure. The brochure now includes the most recently approved landmark locations, the Victor Valley Animal Protective League. The tidbits section of the brochure has also been updated from its last entry date of March 5, 1970. The new tidbits include the erection of Town Facilities, the filming of Beyonce’s “Spirit” for the “Lion King” at Horsemen’s Center, American Idol winner, Chayce Beckman and Bronze Medal Winner, Megan Jastrab just to name a few.

6.5 SOLUTION STRATEGIES CONTRACT EXTENSION FOR

COMPLETION OF MULTI-SPECIES HABITAT CONSERVATION PLAN
(MSHCP)
Approve Contract Extension of Solution Strategies International, in the amount of $120,000, for 2022, for the completion and publishing of the public draft of the Multi-Species Habitat Conservation Plan (MSHCP)/Natural Communities Conservation Plan (NCCP) or “Plan” and the accompanying environmental study document(s).

6.6 SECOND READING OF ORDINANCE NO. 550

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY ADDING A NEW CHAPTER 12.37 TO TITLE 12 OF THE

APPLE VALLEY MUNICIPAL CODE AND AMENDING SECTION

12.38.020 OF CHAPTER 12.38 OF TITLE 12 OF THE APPLE VALLEY

MUNICIPAL CODE TO CODIFY AND CONSOLIDATE VEHICLE

PARKING RESTRICTIONS ESTABLISHED VIA TOWN COUNCIL

RESOLUTIONS
Adopt Ordinance No. 550.

6.7 SECOND READING OF ORDINANCE NO. 551

AN THE TOWN OF APPLE VALLEY, CALIFORNIA, AMENDING
CHAPTER 6.20 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE

RELATING TO SOLID WASTE, RECYCLABLES, AND ORGANIC

5 WASTE, AND AMENDING CHAPTER 8.19 RELATING TO

REQUIREMENT TO RECYCLE CONSTRUCTION AND DEMOLITION

DEBRIS FOR CERTAIN CONSTRUCTION, DEMOLITION, AND

RENOVATION PROJECTS WITHIN THE TOWN OF APPLE VALLEY
Adopt Ordinance No. 551.

6.8 AWARD TOWN WIDE SCHOOL ZONE TRAFFIC CONTROL UPDATE

PROJECT
Award a contract to Superior Pavement Markings, Inc. for the Town Wide School Zone Traffic Control Update Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;

7. Public Hearings

7.1 2022-2027 5-YEAR CONSOLIDATED PLAN & ASSESSMENT OF FAIR

HOUSING (FIRST PUBLIC HEARING)
It is recommended that the Town of Apple Valley (“Town”) Council conduct a public hearing in accordance with the Town’s Citizen Participation Plan, to gather feedback on the Town’s upcoming five-year Consolidated Plan and inform the community of the investment of the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds from 2022-2027 and the Town’s Assessment of Fair Housing (AFH).

Mayor Leon opened the public hearing at 7:05 p.m.

Silvia Urenda, Housing and Community Development Specialist II, presented the staff report as filed with the Town Clerk.

There being no requests to speak, Mayor Leon closed the public hearing at 7:06 p.m.

Motion by: Council Member Art Bishop
Seconded by: Curt Emick
To conduct the public hearing and allow input from the community.

Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop, and Mayor Leon
Carried (5 to 0)

6 7.2 SUBSTANTIAL AMENDMENT TO THE 2018-2019, 2019-2020, 2020- 2021 AND 2022 ACTION PLANS
It is recommended that the Town Council:

A. Conduct a public hearing and upon accepting public testimony; B. Approve a Substantial Amendment to the Community Development Block Grant (“CDBG”) 2018-2019, 2019-2020, 2020-2021 and 2021- 2022 Annual Action Plans (“Action Plans”) by repurposing $663,592 to existing and newly proposed CDBG eligible activities; and C. Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plans, and any additional amendments, to assure the Town’s timely expenditure of CDBG funds
Mayor Leon opened the public hearing at 7:09 p.m.

Silvia Urenda, Housing and Community Development Specialist II, presented the staff report as filed with the Town Clerk.

There being no requests to speak, Mayor Leon closed the public hearing at 7:14 p.m.

Motion by: Council Member Cusack
Seconded by: Council Member Nassif
A. Approve a Substantial Amendment to the Community Development Block Grant (“CDBG”) 2018-2019, 2019-2020, 2020-2021 and 2021- 2022 Annual Action Plans (“Action Plans”) by repurposing $663,592 to existing and newly proposed CDBG eligible activities; and B. Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plans, and any additional amendments, to assure the Town’s timely expenditure of CDBG funds
Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop, and Mayor Leon
Carried (5 to 0)

7.3 A COMPREHENSIVE UPDATE OF THE HOUSING ELEMENT OF THE GENERAL PLAN TO IMPLEMENT THE 6TH CYCLE PLANNING
PERIOD FROM 2022 TO 2029

7 Move to open the public hearing and take testimony. Close the public hearing. Then:

A. Find that pursuant to the California Environmental Quality Act (CEQA), adopt the Initial Study and Negative Declaration.

B. Move to adopt Resolution No. 2022-07 approving GPA 2021-002 (Housing Element Update) C. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.

Mayor Leon opened the public hearing at 7:16 p.m.

Daniel Alcayaga, Planning Manager, presented the staff report as filed with the Town Clerk.

Nicole Criste, Terra Nova Planning, presented a powerpoint on the Town's housing element.

There being no requests to speak, Mayor Leon closed the public hearing at 7:25 p.m.

Motion by: Council Member Cusack
Seconded by: Council Member Nassif
A. Find that pursuant to the California Environmental Quality Act (CEQA), adopt the Initial Study and Negative Declaration.

B. Move to adopt Resolution No. 2022-07 approving GPA 2021-002 (Housing Element Update) C. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.

Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop, and Mayor Leon
Carried (5 to 0)

7.4 DEVELOPMENT CODE AMENDMENT MODIFYING SECTION

9.71.040(A)(8)(C) OF THE DEVELOPMENT CODE PERTAINING TO

EXTENSIONS OF TIME FOR TENTATIVE MAPS, AND SECTIONS

9.17.100(A) AND 9.17.110(A) PERTAINING TO APPROVALS AND

EXTENSIONS FOR DEVELOPMENT PERMITS
Move to open the public hearing and take testimony. Close the public hearing. Then:

8 A. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Specific Plan Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.

B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2022-001 adopted February 2, 2022, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings.

C. Move to waive the reading of Ordinance No. 552 in its entirety and read by title only.

D. Introduce Ordinance No. 552 approving Development Code Amendment No. 2022-001; and E. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.

E. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.

Mayor Leon opened the public hearing at 7:26 p.m.

Daniel Alcayaga, Planning Manager, presented the staff report as filed with the Town Clerk.

There being no requests to speak, Mayor Leon closed the public hearing at 7:28 p.m.

La Vonda M-Pearson, Town Clerk read the title to Ordinance No. 552.

Motion by: Mayor Pro Tem Bishop
Seconded by: Council Member Cusack
A. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Specific Plan

9 Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.

B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2022-001 adopted February 2, 2022, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings.

C. Move to waive the reading of Ordinance No. 552 in its entirety and read by title only.

Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop, and Mayor Leon
Carried (5 to 0)
Motion by: Council Member Emick
Seconded by: Council Member Cusack
A. Introduce Ordinance No. 552 approving Development Code Amendment No. 2022-001; and E. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.

B. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.

Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop, and Mayor Leon
Carried (5 to 0)

AT THIS TIME, THE POSTED PUBLIC HEARING NOTICE FOR AGENDA ITEM NUMBER 7.7 AT 7:30 P.M. WAS HEARD

7.7 THIRD PUBLIC HEARING FOR REDISTRICTING
A. Receive a report from staff and the Town’s redistricting consultant on the redistricting process and the draft maps; and
B. Receive input from the public on the draft maps; and C. Provide direction to the Town’s redistricting consultant relating to the drawing of new district maps.

Mayor Leon opened the public hearing at 7:30 p.m.

10 Todd Tatum, National Demographics, presented the staff report as filed with the Town Clerk.

La Vonda M-Pearson, Town Clerk, read into the record a public comment submitted by Christina. Christina asked what the look of the current districting map, who represents each current district and she noted that she preferred the Orange Map.

Discussion ensued regarding the maps submitted and the ability for the public to submit new maps for consideration.

There being no additional requests to speak, Mayor Leon closed the public hearing at 7:38 p.m.

The Town Council gave direction to proceed with the process leaving all three maps submitted by the consultant for consideration and to analyze maps presented by the public.

MAYOR LEON RESUMED WITH THE REMAINDER OF THE AGENDA

7.5 GPA 2022-002 & ZC 2022-001 FROM OFFICE PROFESSIONAL (O-P)

TO MULTI-FAMILY RESIDENTIAL (R-M) LOCATED IMMEDIATELY

NORTH OF QUANTICO ROAD ALONG BOTH SIDES OF APPLE
VALLEY ROAD (APNS: 0473-152-11, 12, 15, 16 & 17 AND 0473-153-11, 12,13 & 14); GPA 2022-003 & Z
Move to open the public hearing and take testimony. Close the public hearing. Then:

A. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Specific Plan Amendment, may have a significant effect on the environment, the activity is not subject to
B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2022-002 adopted February 2, 2022, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings.

11 C. Move to adopt Resolution No. 2022-08 amending the General Plan Land Use Map approving GPA 2022-002; GPA 2022-003; GPA 2022- 004; & GPA 2022-005
D. Move to waive the reading of Ordinance No. 553 in its entirety and read by title only.

E. Introduce Ordinance No. 553 approving ZC 2022-001; ZC 2022-002; ZC 2022-003; & ZC 2022-004; and
F. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.

Mayor Leon opened the public hearing at 7:44 p.m.

Daniel Alcayaga, Planning Manager, presented the staff report as filed with the Town Clerk.

Council Member Emick asked the noticing requirement for this item.

Mr. Alcayaga confirmed that the noticing for this item was conducted in accordance with the code.

Discussion ensued amongst the Town Council regarding the proposed changes.

Doug Robertson, Town Manager, thanked staff for bringing this item forward.

There being no requests to speak, Mayor Leon closed the public hearing at 7:53 p.m.

La Vonda M-Pearson, read the title to Ordinance No. 553.

Motion by: Council Member Cusack
Seconded by: Council Member Emick
A. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Specific Plan Amendment, may have a significant effect on the environment, the activity is not subject to

12 B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2022-002 adopted February 2, 2022, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings.

C. Move to adopt Resolution No. 2022-08 amending the General Plan Land Use Map approving GPA 2022-002; GPA 2022-003; GPA 2022- 004; & GPA 2022-005
D. Move to waive the reading of Ordinance No. 553 in its entirety and read by title only.

Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop, and Mayor Leon
Carried (5 to 0)
Motion by: Council Member Scott Nassif
Seconded by: Curt Emick
A. Introduce Ordinance No. 553 approving ZC 2022-001; ZC 2022-002; ZC 2022-003; & ZC 2022-004; and
B. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.

Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop, and Mayor Leon
Carried (5 to 0)

7.6 FISCAL YEAR 2021-2022 MID-YEAR BUDGET REVIEW
A. That the Town Council receive and file the Fiscal Year 2021-2022 MidYear Budget Review B. Approve Budget Amendment Number 2022-10 incorporating revenue and expenditure changes and carry forwards as proposed herein.

Mayor Leon opened the public hearing at 7:56 p.m.

Sydnie Harris, Director of Finance, presented the staff report and PowerPoint presentation as filed with the Town Clerk.

13 Discussion ensued regarding the use of funding provided by the American Rescue Plan Act (ARPA), inflation and the impact that the gas prices would have on the sales tax.

Ms. Harris stated that she has prepared projections that could be provided at a later date.

Doug Robertson, Town Manager also responded to comments regarding the ongoing discussions amongst the Leagues City Managers group regarding the distribution of sales tax within communities related to fulfillment centers.

There being no requests to speak, Mayor Leon closed the public hearing at 8:01 p.m.

Motion by: Council Member Larry Cusack
Seconded by: Curt Emick
A. That the Town Council receive and file the Fiscal Year 2021-2022 MidYear Budget Review B. Approve Budget Amendment Number 2022-10 incorporating revenue and expenditure changes and carry forwards as proposed herein.

Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop, and Mayor Leon
Carried (5 to 0)

8. Business of the Council

8.1 Introduce Ordinance No. 552, An Ordinance Establishing Campaign Contribution Limits in the Town of Apple Valley
A. Move to waive reading of Ordinance No. 554 and read by title only.

B. Introduce Ordinance No. 554
Kiel Mangerino, Deputy Town Clerk, presented the staff report as filed with the Town Clerk
Motion by: Curt Emick
Seconded by: Council Member Scott Nassif
Move to waive reading of Ordinance No. 554 and read by title only.

14 Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop, and Mayor Leon
Carried (5 to 0)
Motion by: Council Member Emick
Seconded by: Council Member Cusack
Introduce Ordinance No. 554
Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop, and Mayor Leon
Carried (5 to 0)

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, commented on the upcoming Mayor's Weight Loss Challenge event. He also commented on an opportunity to hear from local economist Dr. Christopher Thornburg at the High Desert Real Estate Symposium.

Mr. Robertson also commented on the improvements being completed with the signals at Highway 18 and Apple Valley Road.

11. Closed Session
To Adjourn the regular meeting to move into Closed Session at 8:30 p.m. to discuss the following:

Carried

11.1 Closed Session
A. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.

B. Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one or more potential cases.

15 C. Conference with Real Property Negotiators – Pursuant to Government Code. Section 54956.8. Property: Apple Valley Ranchos Water Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); Authority Negotiator: Town Manager; Negotiating Parties: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation: Price and Terms of Payment.

D. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.

12. Adjournment
Motion by: Council Member Emick
Seconded by: Mayor Pro Tem Bishop
To adjourn the meeting of the Apple Valley Town Council at 8:36 p.m. in honor and support of the people of Ukraine.

Carried
Kari Leon, Mayor La Vonda M-Pearson, Town Clerk

Town Council Agenda Report
Date: March 22, 2022
To: Honorable Mayor and Town Council
Subject: CONSENT TO AWARD 2022-ROADWAY REPAIR PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Brad Miller, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a contract to Onyx Paving Company, Inc. for the 2022 – Roadway Repair Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;

BACKGROUND
As part of the Town’s annual paving priorities, staff evaluated local roadways and determined priority areas in need of maintenance. To prepare for a larger future resurfacing project, staff identified segments with large gap locations that must be repaired prior to applying micro surface. The Project generally consists of providing the necessary labor, equipment and materials for the removal of damaged asphalt and filling with them with new compacted asphalt.

On March 8, 2022, the Town received and opened bids for the subject project. The bid results are as follows:

Contractor Base Bid Price

1. Onyx Paving Company, Inc. $1,027,000.00

2. PaveWest $1,077,250.00

3. All American Asphalt, Inc. $1,361,510.00

ANALYSIS
The bid documents were reviewed by staff for accuracy and completeness. Staff considers Onyx Paving Company, Inc. to be a qualified, responsible and responsive bidder. The project is tentatively scheduled to begin on April 11, 2022 and be completed within 50 working days.

FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2021-2022 budget using account 2021-5210-9525-0000.

ATTACHMENTS
A. List of Segments
B. Project Area Map
C. Contract for Construction

List of Segments

STREET SEGMENT START SEGMENT END

SOUTH ROAD CENTRAL ROAD JOSHUA ROAD

PAUHASKA ROAD SOUTH ROAD CAHUILLA ROAD

HIGH VISTA ROAD PAUHASKA ROAD END (WEST)

HIGH VISTA ROAD PAUHASKA ROAD END (EAST)

PAUHASKA ROAD (WEST BULB) PAUHASKA ROAD END (NORTH)

PAUHASKA COURT PAUHASKA ROAD END (NORTH)

PAUHASKA PLACE PAUHASKA ROAD END (NORTH)

CUYAMA ROAD CENTRAL ROAD PAUHASKA ROAD

CUYAMA ROAD PAUHASKA ROAD TENAYA ROAD

CUYAMA WAY CUYAMA ROAD END (NORTH)

CUYAMA PLACE CUYAMA ROAD END (EAST)

LAKE SHORE COVE CUYAMA ROAD END (SOUTH)

CUYAMA ROAD (WEST BULB) CUYAMA ROAD END (NORTH)

LAKE VIEW LANE CUYAMA ROAD END (SOUTH)

CUYAMA COURT CUYAMA ROAD END (NORTH)

LAGO VISTA COURT CUYAMA ROAD END (SOUTH)

LAGO VISTA COURT CUYAMA ROAD END (NORTH)

LAGO VISTA LANE PAUHASKA ROAD END (WEST)

CAHUILLA ROAD CENTRAL ROAD OCCOTILLA ROAD

TENAYA ROAD SOUTH ROAD CAHUILLA ROAD

CUYAMA ROAD TENAYA ROAD OCCOTILLA ROAD

EL CENTRO ROAD NEENACH ROAD OCCOTILLA ROAD

OCCOTILLA ROAD SOUTH ROAD WAALEW ROAD

NAWAKWA ROAD SOUTH ROAD WAALEW ROAD

PAUHASKA ROAD EL CENTRO ROAD NAWAKWA ROAD

PAUHASKA ROAD NAWAKWA ROAD NEENACH ROAD

PAUHASKA COURT PAUHASKA ROAD END EAST

NEENACH ROAD SOUTH ROAD WAALEW ROAD

EL CENTRO ROAD CENTRAL ROAD NAWAKWA ROAD

EL CENTRO ROAD NAWAKWA ROAD NEENACH ROAD

EL CENTRO COURT EL CENTRO ROAD END SOUTH

NALATAPA ROAD NAWAKWA ROAD NEENACH ROAD

MOTNOCAB ROAD NAWAKWA ROAD PAUHASKA ROAD

WALPI ROAD CENTRAL ROAD WAALEW ROAD

OCCOTILLA ROAD CAHUILLA ROAD SOUTH ROAD

WAALEW ROAD JOSHUA ROAD (CL) CENTRAL ROAD (CL)

WAALEW ROAD CENTRAL ROAD (CL) NAVAJO ROAD (CL)

WAALEW ROAD NAVAJO ROAD CORWIN ROAD

THUNDERBIRD ROAD CENTRAL ROAD NAVAJO ROAD

THUNDERBIRD ROAD NAVAJO ROAD DALE EVANS PKWY
DALE EVANS PKWY. WAALEW ROAD CORWIN ROAD

Town of Apple Valley
2022-Roadway Repair
(For Reference Only) Not to Scale Pre-Bid Job Walk Location Page 28 of 168 30 28314.00015\32571473.3
1/14/20
SECTION 400 - CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made this 22nd day of March, 2022, in San Bernardino County, State of California, by and between the Town of Apple Valley, hereinafter called Town, and Onyx Paving Company, Inc., hereinafter called Contractor. Town and Contractor agree, for valuable consideration, as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work and provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents (specified in Article 5 below) for the public work of improvement titled:
2022- Roadway Repair
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 50 Working Days from the commencement date stated in the Notice to Proceed, hereafter the Contract Time. By its signature hereunder, Contractor agrees the Contract Time is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million TwentySeven Thousand Dollars ($1,027,000.00), hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that Town will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the Town’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the Town the sum of $750 for each and every Working Day of delay in completing the Work beyond the Contract Time, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, Town may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the Town’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, Town may deduct liquidated damages based on its estimate of when Contractor will achieve Final Completion or other Milestones. Town need not wait until Final Completion to withhold liquidated damages from Contractor.

Liquidated damages are not a penalty but an agreed estimate of the actual damages that would be sustained by the Town for delay, including but not limited to loss of revenue, inconvenience to the Town and the public, and increased Project administration expenses such as extra inspection, construction management, staff time, and architectural and engineering expenses. Liquidated

31 28314.00015\32571473.3
1/14/20
damages do not include damages the Town incurs on account of claims by third parties against the Town on account of any delay.

Should money due or to become due to Contractor be insufficient to cover liquidated damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to Town.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include only the following documents, each of which is incorporated into this Contract for Construction by reference:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Standard Specifications (Excluding sections 1-8 in their entirety) Addenda
Plans
Change Orders executed by Town
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of a conflict, the various Contract Documents will be given effect in the order set forth in Article 2.b of the General Conditions.

This Contract constitutes the full and complete agreement between the parties with regard to the Project and the Work, and supersedes any prior agreement of the parties, whether written or oral.

The Contract can be modified only by a written Change Order executed in accordance with the Contract Documents.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.

32 28314.00015\32571473.3
1/14/20
ARTICLE 8. PREVAILING WAGES. Contractor shall pay not less than the prevailing rate of wages in accordance with the Labor Code, which rates have been determined by the Director of the California Department of Industrial Relations and shall be made available at the office of the Town Clerk or may be obtained online at http//www.dir.ca.gov/dlse.

If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall pay the higher of the state or federal prevailing wage rates.

The wage rates must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]

33 28314.00015\32571473.3
1/14/20
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

TOWN OF APPLE VALLEY ONYX PAVING COMPANY, INC

By: By:

Kari Leon Corey R. Kirschner
Mayor Chief Executive Officer
ATTEST:

Ms. La Vonda M. Pearson, Town Clerk

APPROVED AS TO CONTENT:
___________________________
Douglas B. Robertson, Town Manager
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
__________________________
Thomas Rice, Town Attorney

END OF CONTRACT

Town Council Agenda Report
Date: March 22, 2022
To: Honorable Mayor and Town Council
Subject: AWARD A PROFESSIONAL SERVICES AGREEMENT TO MICHAEL

BAKER INTERNATIONAL FOR THE YUCCA LOMA ELEMENTARY

SAFE ROUTES TO SCHOOL PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Brad Miller, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. Award a Professional Services Agreement to Michael Baker International for the Yucca Loma Elementary Safe Routes to School project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

B. Approve Budget Amendment Request transferring $50,000 from Paving Priorities.

BACKGROUND
The Town of Apple Valley was awarded an Active Transportation Program grant from the California Department of Transportation (CalTrans) for the Yucca Loma Elementary Safe Routes to School project which is a continuation of a previous project that added curb, gutter, and sidewalk to the frontage of the school. This next phase will add accessible pathways from the adjacent residential area where students and their families live and close a sidewalk gap between Navajo Road along Powhatan Road and the schools southerly driveway approach on Rancherias Road. The project was identified as a priority in the Safe Routes to School Master Plan and will design and construct new sidewalk and ADA imporvements along Powhatan Road and Rancherias Road. The estimated project cost is $986,000.00, and the Town’s match is $148,000.

ANALYSIS
Upon receiving authorization to proceed from Caltrans, staff issued a Request for Proposals seeking a design engineering consultant to prepare the plans, specifications,

estimate, and right of way services for the subject project. Staff received and reviewed five submissions based on the following criteria:

Project understanding and approach 30
Project Manager’s experience with similar kinds of work 20 Experience of assigned project team members 15
Relevant Project Examples 15
Capability of developing innovative or advanced techniques 10 Completeness and overall quality of submission 10
On March 9, 2022, Town staff interviewed the top three candidates and selected Michael Baker International. Once a finalist was selected, their cost proposal was opened, and their cost is inline with the grant. Therefore, staff recommends that Michael Baker International be awarded a Professional Services Agreement for design and right of way services totaling $161,680.00.

FISCAL IMPACT
Funding for design and right of way services is included in the Active Transportation Program grant with the Town’s anticipated match being $34,000. The Budget Amendment will transfer $50,000.00 from paving priorities (2021-5210-9525-0000) to cover the initial project costs which, in turn will be partially reimbursed by Caltrans.

Engineering staff will budget the remaining design and construction costs in future budgets as appropriate.

ATTACHMENTS
A. Project Exhibit.

B. Budget Amendment.

C. Professional Services Agreement.

Yucca Loma Elementary Safe Routes to SchoolPhase 2 9/15/2020 SCALE: NTS SHEET 1 OF 1 Plan Showing Existing and Proposed Conditions Town of Apple Valley New Driveway Approach at School Entrance New Sidewalk New Sidewalk New Sidewalk Join Existing Join Existing New ADA Curb Ramp New ADA Curb Ramp New ADA Curb Ramp Join Existing C/L Powhatan Road New ADA Curb Ramp New ADA Curb Ramp New ADA Curb Ramp New ADA Curb Ramp New ADA Curb New ADA Curb Ramp Ramp New ADA Curb Ramp New ADA Curb Ramp New ADA Curb Ramp New ADA Curb Ramp New ADA Curb Ramp New ADA Curb Ramp New ADA Curb Ramp Typical Cross Section @ Powhatan Road
Yucca Loma Elementary School Yucca Loma Park Yucca Loma Family Center 2% Page 35 of 168

TOWN OF APPLE VALLEY

BUDGET AMENDMENT REQUEST

REVENUES AND OTHER FINANCING SOURCES
Fund Dept Amendment
Amount

REVENUE TOTAL -

EXPENDITURES AND OTHER FINANCING USES
Fund Dept Amendment
Amount
2021 5210 (50,000)
2021 5210 50,000

EXPENDITURE TOTAL -

PURPOSE
Funding for initial phase of Yucca Loma Elementary Safe Rotes to School project to be approved with consent item to award a Professional Services Agreement Date Date
Date Entered by Date
Requesting Department
Account Description
Town Manager
Account No.

Paving Priorities
9261
Department Director Finance Mgr. / Dir.of Finance
Yucca Loma Elementary SRTS
Date Prepared
March 10, 2022
Account Description Account No.

Engineering
Prepared By
Rich Berger
9525

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TOWN OF APPLE VALLEY

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 22nd day of March, 2022, by and between the Town of Apple Valley, a municipal corporation organized under the laws of the State of California with its principal place of business at 14955 Dale Evans Parkway, Apple Valley, California 92307 (“Town”) and Michael Baker International, a Corporation, with its principal place of business at 3536 Concours, Suite 100, Ontario, CA 91764 ("Consultant"). Town and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Town on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering, design, and right of way services to public clients, is licensed in the State of California, and is familiar with the plans of Town.

2.2 Project.

Town desires to engage Consultant to render such professional services for the Yucca Loma Elementary Safe Routes to School project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering, design, and right of way consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from March 22, 2022 to March 22, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Fees and Payments

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth

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in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Sixty-One Thousand Six Hundred Eighty Dollars ($161,680.00) without written approval of the Town Council or Town Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to Town a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

Town shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the Town disputes any of Consultant's fees, the Town shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the Town for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Town, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, Town may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Town to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the Town.

3.2.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Town retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of Town and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of Town, Consultant shall provide a more detailed schedule of anticipated performance

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to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Town.

3.3.4 Substitution of Key Personnel. Consultant has represented to Town that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Town. In the event that Town and Consultant cannot agree as to the substitution of key personnel, Town shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Steven Latino, Marlena Perez, Brandon Reyes, and Randy Ratzlaff.

3.3.5 Town's Representative. The Town hereby designates Brad Miller, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("Town's Representative"). Town's Representative shall have the power to act on behalf of the Town for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The Town Manager shall be authorized to act on Town's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the Town Manager, Town's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Steven Latino, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with Town staff in the performance of Services and shall be available to Town's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any

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employee who fails or refuses to perform the Services in a manner acceptable to the Town, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the Town and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the Town will suffer damage.

3.3.9.2 Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

3.3.9.4 Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. Notwithstanding the foregoing in this section, the Town may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

All violations of such laws and regulations shall be grounds for the Town to terminate the Agreement for cause.

3.3.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed

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a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Town's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.3 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify Town against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.4 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for

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contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Town to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The Town, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for nonpayment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

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(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the Town, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the Town, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the Town, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the Town and shall protect the Town, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the Town, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the Town for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the Town to

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inform Consultant of non-compliance with any requirement imposes no additional obligation on the Town nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Town, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(C) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the Town nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law.
(F) Consultant shall report to the Town, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the Town, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the Town, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to

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commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the Town.

3.3.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the Town’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.

Consultant must additionally comply with the lawful requirements of the Town, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Town may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this section, or any other relevant water quality law, regulation, or policy.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Town shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be

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Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Town during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. Town may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Town, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Michael Baker International
3536 Concours, Suite 100

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Ontario, CA 91764
ATTN: Steven Latino
Town: Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, California 92307
ATTN: Rich Berger
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Town to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of Town, and shall not be used in whole or in substantial part by Consultant on other projects without the Town’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to Town reproducible copies of all Documents & Data, in a form and amount required by Town. Town reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by Town at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to Town upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to Town any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to Town upon the payment of actual reasonable duplication costs.

Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify Town and provide Town with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that Town is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the Town.

3.6.3.3 Right to Use. Town shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at

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Town’s sole risk. If Town uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the Town upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Town of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Town, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Town's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Town.

3.6.3.6 Confidential Information. The Town shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the Town's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the Town shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give Town written notice of Consultant's objection to the Town's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the Town, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. Town shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with Town's choice of legal counsel), and hold Town harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that Town release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

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3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of Town’s choosing), indemnify and hold the Town, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the Town.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 Town's Right to Employ Other Consultants. Town reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

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3.6.11 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the Town, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of Town.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to Town include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the Town’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party

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warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]

-16-

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE TOWN OF APPLE VALLEY

AND MICHAEL BAKER INTERNATIONAL
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF APPLE VALLEY
By:

Doug Robertson
Town Manager
ATTEST:

By:

La Vonda M-Pearson
Director of Government Services/Town
Clerk
APPROVED AS TO FORM:

By:

Thomas A. Rice, Best Best & Krieger,
LLP
Town Attorney

MICHAEL BAKER INTERNATIONAL
By: _________________________________
Christopher Alberts
Vice President
By: _________________________________
Tanya Bilezikjian
Assistant Secretary

Exhibit “A”-1
EXHIBIT "A"

SCOPE OF SERVICES
TASK 1 – PROJECT MANAGEMENT AND COORDINATION
Task 1.0 Project Meetings, Coordination and Management
Upon agreement of the scope, fee, schedule, and notice to proceed, Michael Baker’s Project Manager will hold an in-house team meeting where expectations, scope, procedures, budget, schedule with milestones and other pertinent information will be communicated.

This task includes ongoing management of the project including coordination with the Town, subconsultants and different task leads within Michael Baker, updates to the project schedule and administrative tasks. We will maintain and an ongoing action item list which shows the next four to eight weeks of upcoming tasks to keep the Town appraised of the project progress.

Michael Baker will send monthly project invoices which include progress reports on the project to the Town’s Project Manager. Steven Latino, the Michael Baker Project Manager, will be always available for questions or concerns from the Town, either by email or by phone.

Meetings will be arranged at the following times:
• The Project Kick Off will be used as a finalization of scoping, identification of any project concerns and allow the Town and the Michael Baker Team to meet and work out any design considerations. This will allow for our team to understand any special requirements the Town may request as a part of this project. • After each milestone submittal (30%, 65%, 95% and 100%) to discuss the Town’s comments and actions moving forward.

The Michael Baker Project Assistant Manager will prepare the meeting agendas and minutes for each of these meetings. Meeting minutes will be distributed to all attendees for review and comment within three business days of the meeting.

As part of our project management process, Michael Baker follows a regimented internal Quality Assurance and Quality Control (QA/QC) program on all our projects. Throughout each assignment, task managers will work directly with Steven to implement our in‐house Quality Assurance/Quality Control Program. This process emphasizes quality control as a continuous process used at milestones and on a daily basis as work proceeds throughout each assignment.

By assigning control of the QA/QC process to a collaborative effort between Project and Task Managers, we do our best to ensure each element of each task order is held to a consistent and singularly quality standard.

Deliverables: Actions Items List, Monthly Invoices with Progress Reports, Project Schedule (with updates), Kick Off Meeting, 4 Milestone Meetings, Meeting Agendas and Meeting Minutes, Quality Assurance sign off on each deliverable
Task 1.1 Coordination with the Division of the State Architect Coordination with the Division of the State Architect (DSA) is required because of the proposed modifications to the Yucca Loma Elementary school driveway. Michael Baker will coordinate directly with the DSA for this work. The DSA will need to review the plans to ensure they comply with Title 24 of the California Code of Regulations and meet their regulations for structural safety,

Exhibit “A”-2
fire and life safety, accessibility and sustainably. Michael Baker anticipates that due to the scope of work, this project will be considered an access only project meaning that it does not need to be reviewed by all the disciplines but only the Access Compliance team.

As part of the DSA requirements, coordination with them occurs after the project is completely designed and coordinated so this task will occur towards the end of the final design and right of way stages.

Assumption: The Town will pay all fees required by the DSA for review and coordination.

Deliverables: Coordination with the DSA including any required forms and meetings to obtain approval.

TASK 2 – SURVEYING AND BASE MAPPING
Task 2.0 Topographic Survey
Michael Baker will perform a field survey of the project site to facilitate engineering design. The survey will be used to identify the locations and elevations of existing features and site elevations.

The results of this survey will be compiled as CADD files to be used by the design team.

The site survey shall include obtaining locations, elevations, and descriptions of:
• Spot elevations on hardscape features.
• Curb and gutters, existing edge of pavements, sidewalks, and driveways. • Existing survey monuments.
• Building footprints, fences, and walls.
• Street & Pavement areas including the roadway surface and cross gutters. • Power poles, streetlights, traffic signals and major signs, overhead power lines within the Right of Way.
• Above ground utilities including valves, pull-boxes, meters, and vaults. • All major surface features that define the shape of the terrain, such as tops and toes of slopes, grade breaks and natural ground.

If the Town has previous topographical survey readily available for the project limits, Michael Baker will review this data to ensure it includes all necessary information to inform the design. If the information provided is sufficient, Michael Baker will use this existing data and this survey task can be removed from our scope of work. Removing this task would also expedite the project delivery schedule.

Deliverables: Topographic Survey with existing monuments shown on the plans Task 2.1 Record Data Map Preparation
In order to include and plot the record position of the project boundary in approximate orientation with a specific coordinate system, compiled aerial topographic base data or other overlay features, Michael Baker will perform the following tasks:
• Research of the available public records via on-line services to obtain maps and other items that affect the boundary location of the property; • Prepare a preliminary record data map to be used by the field survey crew to search for a sampling of boundary monuments;

Exhibit “A”-3
• Perform a field survey of said monuments in order to establish orientation of the record survey data in relation to the coordinate system used in the topographic mapping; • Plot the record boundary lines on the aerial base map, with the understanding of the Client that said record boundary is NOT the result of a comprehensive boundary survey and analysis, and that it’s orientation may disagree from the position determined by a full boundary survey and analysis. However, this record map will be sufficiently accurate to serve as the basis for designs and indicate where right of way acquisitions or Temporary Construction Easements (TCEs) are required.

Assumptions: Adequate and accessible boundary monumentation exist in the immediate project vicinity to control the record data survey.

Any costs associated with the preparation and process of a Record of Survey Map, if required will be covered by the Town.

Deliverables: Right of Way Record Map
TASK 3 – UTILITY RESEARCH AND COORDINATION
Task 3.1 Utility Research and Coordination
Early coordination with the utility owners within the project limits is critical to expedited project delivery. Michael Baker will prepare Utility Request letters (on Town letterhead), requesting utility owners to send their facility maps and as-built plans. We will coordinate with each utility owner until all responses are received.

Michael Baker will maintain a utility contact matrix including the following:
• Copies of utility notices sent
• Copies of correspondence
• Dates utility notices were sent
• Dates utility responses were received
• Atlases/plans received
Once all plans have been received, Michael Baker will plot the utilities on the plans and probable conflicts will be noted.

Deliverables: Utility Correspondence Matrix, Utility Request Letters, Utility Mapping Task 3.2 Potholing (As Required)
If any conflicts with utilities are anticipated after the utilities have been plotted on the plans, Michael Baker will coordinate potholing services to positively determine the horizontal and vertical locations of underground facilities. We will develop a potholing exhibit for Town approval prior to initiating potholing activities. All coordination for potholing is captured under Task 3.1. The exhibit will depict the location of possible utility conflicts.

Assumptions: This task assumes four potholes. Additional potholes will be collected at an additional fee. The price per each additional pothole is $1,700.

Deliverables: Potholing reports and survey data for up to four potholes

Exhibit “A”-4
TASK 4 – PRELIMINARY DESIGN
Task 4.1 Records Research and Initial Field Review
Michael Baker will complete the necessary research to gather and review available information such as preliminary reports, record drawings, tract maps, assessor parcel maps, right-of-way maps, street centerline ties, and utility maps. Our team will complete a field review investigating any issues identified in the scope of work as well as those identified in the kickoff meeting. During this walk, our team will document any pertinent field conditions, utility appurtenances and photo document all locations. We will take necessary field measurements to begin preparing early quantities and a rough cost estimate. Other measurements to be taken will be instrumental in the project layout and design.

Deliverables: Document Research and Field Verification
Task 4.2 Preliminary Design 30% Plans and Estimate
Michael Baker will develop 30% plans showing alterative alignments and typical sections. The 30% plans will include all necessary information such as proposed layouts, dimensions, right of way lines, and utility appurtenances. Plans will be prepared at a scale of 1 inch = 40 feet. Two layout plans (double loaded) will be required to encompass the entire project limits. Drawings shall be prepared in AutoCAD and shall comply with the Town CAD Standards. All designs will be in accordance with the latest Town Standards, Standard Plans and Specifications for Public Works Construction, AASHTO Greenbook and Caltrans Standards. Michael Baker will also develop an itemized cost estimate to give the Town an idea of project cost and ensure the designs are within the available budget. The cost estimate will be prepared in excel format and backup quantities can be provided to the Town if requested.

The 30% designs will be presented to the Town at one of the scheduled milestone meetings. The purpose of the meeting will be to review and obtain comments and/or approval regarding the preliminary design.

A comments matrix will be prepared to document any comments received and Michael Baker will address all comments or will provide responses and reasoning as to why comments were not addressed. This comment matrix will remain current over the lifetime of the project.

Deliverable: 30% Plans and Engineers Estimate with Quantities, Comments Matrix TASK 5 – RIGHT OF WAY RESEARCH AND ACQUISITION
All right of way activities will be performed in compliance with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (URA), Caltrans Right of Way Manual, and LAPM guidelines.

Task 5.1 Title Report Examination
Securing preliminary title reports in a timely manner is critical to the success of every acquisition project. Once the preliminary design has been approved, EPIC will obtain Preliminary Title Reports for the impacted parcels from either a third-party title company or from the Town of Apple Valley. EPIC will perform a desk review of title reports, legal descriptions, and plat maps to verify ownership and identify any easements or encumbrances to prepare the property for conveyance

Exhibit “A”-5
to the Town’s possession.

Assumptions: It is assumed that 5 property interests will be acquired. Interests will only be partial acquisitions or easements, but no full acquisitions or relocations are required.

Deliverables: 5 Preliminary Title Reports (PTRs)
Task 5.2 Appraisal and Appraisal Services
EPIC’s in-house and certified real estate appraisers will provide timely estimates and opinions of value for up to five parcels. Their appraisers have extensive experience appraising all property types including residential, commercial, open space, and unimproved/undeveloped property. All appraisals conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Appraisal Institute’s Code of Ethics, current Yellow Books Standards, and federal policies and regulations, where applicable. Our team will coordinate with the Town to mitigate appraisal costs whenever possible through the use of waivers or other processes.

Assumptions: Five appraisal reports will be prepared, and no improvements will be valued.

Appraisal reviews will be performed as desk reviews.

Deliverables: Five Appraisal Reports and Just Compensation forms and five Appraisal Reviews Task 5.3 Acquisition Negotiation and Managing Temporary Construction Easements Property acquisition requires negotiation with property owners or their appointed representatives for the purchase of property rights in good faith. Upon initiating the negotiation process, EPIC’s agents will establish a positive rapport, trust and a reliable working relationship with the property owner in order to create an atmosphere in which successful negotiations can be conducted. The property owner will be given a detailed explanation of the property interest being acquired and the proposed design and construction details as it affects the property. EPIC will assign one agent to be the primary point of contact for each property owner. EPIC will advise regarding the acquisition process and the construction (timing, phasing, type, etc.). EPIC will review all project files for quality assurance to make sure all acquisition files meet all local, state, and federal laws and regulations, as well as being compliant with federal URA requirements.

EPIC will obtain and manage all TCEs and property rights clearance to ensure the safety and availability of pedestrian re-routing pathways during sidewalk re-building.

Assumptions: Eminent domain support will not be necessary.

Deliverables: Prepare offer letter and summary statement in accordance with prevailing regulations for the Town’s approval. Present written purchase offer to owner or appointment representative and follow-up and negotiate with property owner, as necessary. Prepare and assemble acquisition contracts, deeds, and related acquisition documents required for the acquisition of all necessary property interests; Prepare impasse letters as needed; Provide necessary documents and diary logs for litigation support in the event an acquisition is unable to be settled via voluntary means; Transmit executed acquisition documents to the Town; Manage TCEs
Task 5.4 Escrow Coordination
Once EPIC has obtained signatures from the property owner and the client on acquisition agreement(s) escrow will opened with the Client’s preferred escrow company. Our team will oversee escrow instructions and will deliver to the Client for approval. We coordinate payment

Exhibit “A”-6
between the Grantor, client and the Escrow Company. EPIC will obtain signature on all necessary documentation such as grant deeds and temporary construction easement deeds to convey title.

Deliverables: Escrow Documents including Escrow Instructions and Escrow Closing Schedule, Final Title Policy
TASK 6 - GIS
Task 6.1 Prepare GIS Maps and GIS Design Data
Michael Baker is familiar with the GIS system that the Town of Apple Valley is expecting and have developed and organized data in a similar way on the Town’s LRSP project. Michael Baker will organize the CAD and GIS database using the Esri Local Government Information Model (LGIM).

The layers will be placed into the correct feature classes with the proper attributes.

Labels/Annotation will be associated with corresponding layers so that they can be controlled together by the user. Data will be projected in the local state plane projection of NAD 1983 State Plane California V FIPS 0405 (US Feet). The team will create thorough metadata describing each of the layers that store information. Metadata will meet the FGDC standards and be generated with the Esri ArcCatalog metadata tool set. GIS maps will be developed using ArcGIS Pro and final delivery of the GIS data will be via a map package. The map package will compile the project data which will be symbolized exactly how the PDF outputs look.

In addition to the GIS, the CAD file will be setup to closely resemble the LGIM. In line with Michael Baker design guidelines, the CAD data will be referenced in real world coordinates in engineering scale.

Deliverables: GIS Maps and GIS Data of designs
TASK 7 – FINAL DESIGN PLANS, SPECIFICATIONS AND ESTIAMTES Task 7.1 65% Plans and Estimate
Once the preliminary designs have been approved by the Town, Michael Baker will prepare the final design package.

Construction drawings are anticipated to include:
• Title Sheet (1)
• Typical Sections (2)
• Street Plans (2) (double loaded, no profile)
• Drainage Sheets (as required)
• Construction Detail Sheets (6)
• Traffic Control Plans (2)
• Signing and Striping Plans (2)
• Erosion Control Plans/SWPPP (2)
Layout sheets will be 1 inch = 40 feet scale and for clarify purposed, details may be drawing at a larger scale. Drawings will be 24" x 36" sheets with standard Town title block, signature block, approvals and permits block prepared in AutoCAD. The drawings will also include locations and sizes of utilities, locations of improvements, highlight abandonments, connection & separation points, easements, property lines, rights-of-way, property addresses, and pertinent survey data.

Exhibit “A”-7
The preliminary cost estimate will be updated, and the appropriate levels of contingency will be applied. The cost estimate will be submitted in both Microsoft Excel and PDF format.

Michael Baker will arrange the next milestone meeting to present the 65% plans to discuss any design challenges or notify the Town of any significant changes from the preliminary designs. The 65% design package will address any comments received from the Town on the 30% design package. The comments matrix will be updated to document any additional comments received and Michael Baker will address all comments or will provide responses and reasoning as to why comments were not addressed.

Deliverables: 65% Plans and Engineers Estimate with Quantities, Comment Response Matrix Task 7.2 95% Plans, Specifications and Estimate
Michael Baker will prepare 95% construction drawings and engineer’s estimate which will incorporate the Town’s 65% plan submittal comments.

Michael Baker will prepare project specifications in accordance with the latest “Greenbook” for public works construction and the Town provided boiler plate template. The specification will include the project bid list to match the project cost estimate items and quantities. The specification will be provided in both PDF and Microsoft Word format.

The Michael Baker Project Manager will arrange a 95% design review milestone meeting. The purpose of the 95% review meeting will be to review the construction drawings and specifications for bidding purpose and prepare contract documents, as well as document the review process for later submittal to the Public Works Director for acceptance.

Deliverables: 95% Plans and Engineers Estimate with Quantities, Specifications, Comment Response Matrix
Task 7.3 100% Plans, Specifications and Estimate
Any final comments received from the Town on the 95% PS&E package will be incorporated in to the 100% package.

The 95% specifications will be finalized based on any Town comments or final amendments to the designs. Once the contract documents and engineer's construction costs estimate are complete, Michael Baker will schedule a final project design meeting with the Town staff to present the completed contract documents for final review and acceptance.

The final submittal shall include signature mylars, printed plan sets, hard sets of construction specifications, special provisions, hard copies of the corresponding engineer's construction cost estimates, and soft electronic copies of all the above completed design products, if required. All electronic submittals shall be submitted on a flash drive, identified and organized to the satisfaction of the Town. Written documentation shall be prepared in Microsoft Word, tabularized material and estimates shall be prepared in Microsoft Excel, and construction drawings shall be submitted in AutoCAD.

The Michael Baker team will prepare the Request for Authorization for Construction subsequent to approval of the final plans by the Town.

Exhibit “A”-8
Assumptions: The Town will provide boiler plate specifications in word format.

Deliverables: 100% Plans, Specifications and Estimate (hard copies and electronic copies as required), Request for Authorization
TASK 8 – BIDDING AND CONSTRUCTON SUPPORT
Task 8.1 Bid Support, Respond to RFIs, Prepare Project Addenda Michael Baker will attend one pre-bid meeting with the appropriate technical personnel. When requested by the Town, we will respond to bidder Requests for Information (RFIs) and we will prepare bid addendum documents and plans. Michael Baker will be available to the Town staff during the bidding process to answer any questions or clarifications by phone or email.

Deliverables: One Pre-Bid Meeting, Responses to RFIs, Addendums Task 8.2 Construction Support
Michael Baker will be available to answer any contractor questions related to the proposed improvements during construction and correct any errors found in the plans. Michael Baker will attend the Pre-Construction meeting after award and will answer any RFIs as related to the Plans and Specifications. Michael Baker will prepare the final As-Built Drawings based on the red-line copies of the plans from the Contractor and Inspector.

Deliverables: Pre-Construction Meeting, Responses to RFI’s, As-Built Drawings.

Task 8.3 Construction Services (Optional)
Michael Baker can provide construction observation services as required to ensure the selected contractor is following the approved PS&E. For estimating purposes, we have assumed one day on site for our Project Manager and two days on site for our Assistant Project Manager. If more time is required, we will notify the Town and any additional time can be charged on a time and materials basis.

Assumption: Michael Baker will not be acting as the inspector but just assisting the Town’s inhouse inspection services.

Deliverables: Three days on site during construction

Exhibit “B”-1
EXHIBIT "B"

SCHEDULE OF SERVICES

Exhibit “C”-1
EXHIBIT "C"

COMPENSATION

Town Council Agenda Report
Date: March 22, 2022
To: Honorable Mayor and Town Council
Subject: AWARD 2022 ENGINEERING AND TRAFFIC SURVEY
From: Douglas Robertson, Town Manager
Submitted by: Brad Miller, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a Professional Services Agreement to KOA Corporation for the 2022 Engineering and Traffic Survey subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

BACKGROUND
The purpose of the project is to prepare Engineering and Traffic Surveys (E&TS) to evaluate speed limits at 13 roadway segments located in the Town of Apple Valley. This study is required to permit radar enforcement of posted speed limits.

The California Vehicle Code requires local agencies to follow established procedures when setting speed limits or updating speed zone surveys. The procedures are outlined in the CA MUTCD and in the Caltrans California Manual for Setting Speed Limits. The methodology is built around a “Spot Speed Survey” which normally consists of the measured speed of at least 100 vehicles. Based upon this survey and using engineering judgment, the posted speed limit is normally established or justified at the 5 mph interval that is nearest to the 85th percentile speed of the sample.

The project will take approximately five months for completion upon award.

ANALYSIS
On January 25, 2022, staff issued a Request for Proposals seeking a traffic engineering consultant for the preparation of an Engineering and Traffic Survey. Staff received and

reviewed four consultant submissions and concluded that KOA Corporation is the most qualified to proceed with the project. Respondants were scored on the following criteria:

Project understanding and approach 30 points
Experience of assigned project team 30 points
Relevant Project Examples 30 points
Completeness and overall quality of submission 10 points KOA Corporation received the highest score (average 94 out of 100 total points) and has the appropriate staff, experience, and project understanding. Once a consultant was selected, staff opened their sealed cost proposal. KOA’s proposed cost for the project is $29,732.00 which is within buddget. Therefore, staff recommends that KOA Corporation be awarded a Professional Services Agreement totaling $29,732.00 for the 2022 Engineering and Traffic Survey.

FISCAL IMPACT
Funding has been appropriated for design in the adopted FY 2021-2022 budget (2010- 5010-8964-0075).

ATTACHMENTS
A. Project Segments
B. Professional Services Agreement

Project Segments
1 Apple Valley Road from Yucca Loma Road to Hwy 18
2 Nanticoke Road from Ramona Avenue to Thunderbird Road 3 Powhatan Road from Navajo Road to Central Road
4 Ramona Road from Navajo Road to Central Road
5 Ramona Road from Navajo Road to Thunderbird Road
6 Rimrock Road from North Corwin Road to Hwy 18
7 Seneca Road from Apple Valley Road to Riverside Drive 8 Symeron Road from Apple Valley Road to Riverside Drive 9 Tonikan Road from Ramona Road to Thunderbird Road
10 Yucca Loma Road from Apple Valley Road to Kiowa Road 11 Nokomis Road from Symeron Road to Riverside Drive
12 Waalew Road from Corwin Road to East Dale Evans Parkway 13 Ottawa Road from Navajo Road to Central Road

Resolution 2022-09
Town Council Agenda Report
Date: March 22, 2022
To: Honorable Mayor and Town Council
Subject: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY AMENDING THE INNOVATION AND TECHNOLOGY

SPECIALIST JOB CLASSIFICATION FOR THE TOWN OF APPLE
VALLEY
From: Douglas Robertson, Town Manager
Submitted by: Kristine Shoup, Human Resources Manager
Human Resources
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Approve Resolution No. 2022-09, A Resolution of the Town Council of the Town of Apple Valley, California, amending the Innovation and Technology Specialist job classification.

BACKGROUND
The Human Resources Department has updated the vacant Innovation and Technology Specialist job classification to better reflect the scope of work performed.

FISCAL IMPACT
None

ATTACHMENTS
A. Resoultion 2022-09
B. Innovation and Technology Specialist job description

Resolution 2022-09
RESOLUTION NO. 2022 – 09

A RESOLUTION OF THE TOWN COUNCIL OF THE

TOWN OF APPLE VALLEY AMENDING THE

INNOVATION AND TECHNOLOGY SPECIALIST JOB

CLASSIFICATION FOR THE TOWN OF APPLE VALLEY
WHEREAS, the Town Council of the Town of Apple Valley has established job classification for the Town of Apple Valley; and
WHEREAS, the Town Council of the Town of Apple Valley wishes to modify the job classification for the Town of Apple Valley; and
NOW, THEREFORE, BE IT RESOLVED THAT:

1. Amend job classification in accordance with Attachment B.

2. All resolutions, parts of resolutions in conflict herewith are hereby amended to be consistent herewith.

Unless otherwise noted, the effective date of this Resolution shall be March 22, 2022.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 22nd day of March 2022.
_____________________________________
Mayor, Kari Leon
ATTEST:
______________________________
Town Clerk, La Vonda M-Pearson

Resolution 2022-09

ATTACHMENT B

Resolution 2022-09

Resolution 2022-09

Resolution 2022-09

Ordinance No. 552
Town Council Agenda Report
Date: March 22, 2022
To: Honorable Mayor and Town Council
Subject: SECOND READING OF ORDINANCE 552, AN ORDINANCE OF THE

TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA BY AMENDING SECTION 9.71.040(A)(8) PERTAINING TO EXTENSION OF TIMES FOR TENTATIVE MAPS, AND SECTIONS 9.17.100(A) AND

9.17.110(A) PERTAINING TO APPROVALS AND EXTENSIONS FOR

DEVELOPMENT PERMITS

From: Douglas Robertson, Town Manager
Submitted by: Daniel Alcayaga, AICP, Planning Manager
Planning
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Adopt Ordinance No. 552.

SUMMARY
At its March 8, 2022 meeting, the Town Council reviewed and introduced Ordinance No. 552 that by amending Section 9.71.040(a)(8) pertaining to extension of times for tentative maps, and Sections 9.17.100(a) and 9.17.110(a) pertaining to approvals and extensions for Development Permits. Ordinance No. 552 has been scheduled for adoption at the March 22, 2022 Town Council meeting.

FISCAL IMPACT
None

ATTACHMENTS
Ordinance No. 552

Ordinance No. 552
ORDINANCE NO. 552

AN ORDINANCE OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
AMENDING TITLE 9 “DEVELOPMENT CODE” OF THE TOWN OF

APPLE VALLEY MUNICIPAL CODE, BY AMENDING SECTION

9.71.040(A)(8) PERTAINING TO EXTENSION OF TIMES FOR TENTATIVE MAPS, AND SECTIONS 9.17.100(A) AND 9.17.110(A) PERTAINING TO

APPROVALS AND EXTENSIONS FOR DEVELOPMENT PERMITS
WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley was adopted by the Town Council on April 27, 2010; and WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Development Code Amendment No. DCA-2022-001 is consistent with the Town's General Plan and Title 9 "Development Code" of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley; and
WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Development Code Amendment No. DCA-2022-001 is consistent with the General Plan and Municipal Code of the Town of Apple Valley; WHEREAS, Specific changes are proposed to the Development Code of the Town of Apple Valley Municipal Code by amending Chapter 9.71 “Subdivision Regulations”, Section 9.71.040(A)(8) pertaining to extensions of times for tentative maps; and WHEREAS, on November 3, 2021, the Planning Commission of the Town of Apple Valley conducted a duly noticed public hearing on Development Code Amendment No. 2022-001, receiving testimony from the public and adopting Planning Commission Resolution No. 2021-007 forwarding a recommendation to the Council; and
WHEREAS, Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]; and WHEREAS, all of the findings and conclusions made by the Town of Apple Valley pursuant to this Ordinance are based upon the oral and written evidence before it as a whole; and
WHEREAS, on March 8, 2022, the Town Council of the Town of Apple Valley

Ordinance No. 552
conducted a duly noticed and advertised public hearings on Development Code Amendment No. 2022-001, receiving testimony from the public.

NOW, THEREFORE, the Town Council of the Town of Apple Valley, State of California, does ordain as follows:

Section 1. Find that the changes proposed by Development Code Amendment No. 2022-001 is consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan.

Section 2. Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3)]; and Section 3. It is the intent of this Ordinance to provide consistent approval periods and expiration dates for future land use entitlements, as well as to extend the life of subdivisions that have recently expired or are getting ready to expire. Any subdivision that would have expired within the last six months from the effective date of the Ordinance shall qualify for an extension of time and shall have up to six months after the effective date of the Ordinance to apply for such extension. Any Development Permit that was recently granted two years as part of the original approval prior to the effective date of this Ordinance shall be automatically granted an extension of time for one year to match the three years of the initial approval period granted under this Ordinance.

Section 4. Amend the Development Code as follows:

Amend Section 9.71.040(A)(8)(c) to state the following:

Time Limit of Extensions. Any extension(s) of a Tentative Map approval shall not exceed an aggregate of four (4) years beyond the original expiration date., and six years for tentative maps associated with an adopted Specific Plan. Extensions issued under this sub-section shall be in two-year increments.

Amend Section 9.17.100(A) to state the following:

Expiration. A Development Permit approval shall expire three (3) years following the date the permit is issued unless it is otherwise conditioned or unless prior to the expiration of three (3) years.

Amend Section 9.17.110(A) to state the following:

Upon written request received no later than sixty (60) days prior to the original expiration date, the Community Development Director may grant an automatic Extension of Time to an approved Development Permit. The Development Permit may be extended beyond the applicable expiration date by two (2) years.

Section 5. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall

Ordinance No. 552
certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under Section 36933 of the Government Code of the State of California.

Section 6. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

Section 7. Severability. If any provision of this Ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications and, to this end, the provisions of this Ordinance are declared to be severable.

Adopted by the Town Council and signed by the Mayor and attested to by the Town Clerk this 22th day of March 2022.

Kari Leon, Mayor
ATTEST:

Ms. La Vonda M. Pearson, Town Clerk
Approved as to form: Approved as to content:

Mr. Thomas Rice, Town Attorney Mr. Douglas B. Robertson, Town Manager

Town Council Agenda Report
Date: March 22, 2022
To: Honorable Mayor and Town Council
Subject: SECOND READING OF ORDINANCE 553, AN ORDINANCE OF THE

TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA
AMENDING THE OFFICIAL ZONING DISTRICTS MAP IN TITLE 9
“DEVELOPMENT CODE” OF THE TOWN OF APPLE VALLEY
APPROVING ZONE CHANGE NOS. ZC 2022-001; ZC 2022-002; ZC 2022-003 & ZC 2022-004

From: Douglas Robertson, Town Manager
Submitted by: Daniel Alcayaga, AICP, Planning Manager
Planning
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Adopt Ordinance No. 553.

SUMMARY
At its March 8, 2022 meeting, the Town Council reviewed and introduced Ordinance No. 553 amending the Official Zoning Districts Map in Title 9 as such:
 ZC 2022-001 from Office Professional (O-P) to Multi-Family Residential (R-M) located immediately north of Quantico Road along both sides of Apple Valley Road. (APNs: 0473-152-11, 12, 15, 16 & 17 and 0473-153-11, 12, 13 & 14)  ZC 2022-002 from Mixed Use (M-U) to Estate Residential (R-E) located on the west side of Itoya Vista Street between Sequoia Road and Laurel Lane. (APNs:
0434-042-16, 17, 18 & 19)
 ZC 2022-003 from Multi-Family Residential (R-M) to Single Family Residential (RSF) located on the south side of Outer Highway 18 and east of Tenaya Road (APNs: 0439-314-07 thru 11)
 ZC 2022-004 Multi-Family Residential (R-M) to Single Family Residential (R-SF) located on the northeast corner of Mohawk and Laguna Road (APN: 0434-371-14)

Ordinance No. 553 has been scheduled for adoption at the March 22, 2022 Town Council meeting.

FISCAL IMPACT
None

ATTACHMENTS
Ordinance No. 553

Ordinance 553
ORDINANCE NO. 553

AN ORDINANCE OF THE TOWN OF APPLE VALLEY,

CALIFORNIA, AMENDING THE OFFICIAL ZONING DISTRICTS
MAP IN TITLE 9 “DEVELOPMENT CODE” OF THE TOWN OF
APPLE VALLEY APPROVING ZONE CHANGE NOS. ZC 2022-001

FROM OFFICE PROFESSIONAL (O-P) TO MULTI-FAMILY

RESIDENTIAL (R-M) LOCATED IMMEDIATELY NORTH OF

QUANTICO ROAD ALONG BOTH SIDES OF APPLE VALLEY
ROAD. (APNS: 0473-152-11, 12, 15, 16 & 17 AND 0473-153-11, 12,13 & 14); ZC 2022-002 FROM MIXED USE (M-U) TO ESTATE

RESIDENTIAL (R-E) LOCATED ON THE WEST SIDE OF ITOYA
VISTA STREET BETWEEN SEQUOIA ROAD AND LAUREL LANE.
(APNS: 0434-042-16, 17, 18 & 19); ZC 2022-003 FROM MULTIFAMILY RESIDENTIAL (R-M) TO SINGLE FAMILY RESIDENTIAL (R-SF) LOCATED ON THE SOUTH SIDE OF OUTER HIGHWAY 18
AND EAST OF TENAYA ROAD (APNS: 0439-314-07 THRU 11);
AND ZC 2022-004 FROM MULTI-FAMILY RESIDENTIAL (R-M) TO

SINGLE FAMILY RESIDENTIAL (R-SF) LOCATED ON THE
NORTHEAST CORNER OF MOHAWK AND LAGUNA ROAD (APN:
0434-371-14)
WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley was adopted by the Town Council on April 27, 2010; and WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Zone Change Nos. ZC 2022-001; ZC 2022-002; ZC 2022-003; & ZC 2022-004 are consistent with the Town's General Plan and Title 9 "Development Code" of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley; and WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Zone Change Nos. ZC 2022-001; ZC 2022-002; ZC 2022-003; & ZC 2022-004 are consistent with the General Plan and Municipal Code of the Town of Apple Valley;
WHEREAS, Specific changes are proposed to the Land Use Element of the adopted General Plan and Zone Map of the Town of Apple Valley by approving ZC 2022- 001 from Office Professional (O-P) to Multi-Family Residential (R-M) located immediately north of Quantico Road along both sides of Apple Valley Road. (APNs: 0473-152-11, 12, 15, 16 & 17 and 0473-153-11, 12,13 & 14); ZC 2022-002 from Mixed Use (M-U) to Estate Residential (R-E) located on the west side of Itoya Vista Street between Sequoia Road

Ordinance 553
and Laurel Lane. (APNs: 0434-042-16, 17, 18 & 19); ZC 2022-003 from Multi-Family Residential (R-M) to Single Family Residential (R-SF) located on the south side of Outer Highway 18 and east of Tenaya Road (APNs: 0439-314-07 thru 11); and ZC 2022-004 Multi-Family Residential (R-M) to Single Family Residential (R-SF) located on the WHEREAS, on February 2, 2022, the Planning Commission of the Town of Apple Valley conducted a duly noticed public hearing on ZC 2022-001; ZC 2022-002; ZC 2022-003; & ZC 2022-004, receiving testimony from the public and adopting Planning Commission Resolution No. 2022-001 forwarding a recommendation to the Council; and
WHEREAS, on March 8, 2022, the Town Council of the Town of Apple Valley conducted a duly noticed public hearing on ZC 2022-001; ZC 2022-002; ZC 2022-003; & ZC 2022-004, receiving testimony from the public; and WHEREAS, Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]; and WHEREAS, Zone Change No. ZC 2022-001; ZC 2022-002; ZC 2022-003; & ZC 2022-004 are consistent with the Land Use Element goals and policies of the Town’s General Plan and Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley. These Zone Changes are consistent with Land Use Policies 2.A.,

2.B and Program 2.A.1 of the General Plan in that the Town assessed its existing land use inventory and determined that all Amendments are necessary to maintain consistency with surrounding developments and considers the availability of infrastructure. In three of the four Amendments, the Town finds it necessary and beneficial to lessen the density to allow single family residential development to meet the septic tank requirements. The remaining Amendment, which reverts the area back to RM zoning, will allow future development to benefit from the availability of sewer and will match existence of multifamily developments within, and surrounding, the subject area.

Amending the Zoning to allow new development to match surrounding development and for the purpose of satisfying sewage standards is found to be beneficial to public health, safety, and welfare.

NOW, THEREFORE, the Town Council of the Town of Apple Valley, State of California, does ordain as follows:

Section 1. Find that the changes proposed by Zone Change Nos. ZC 2022-001; ZC 2022-002; ZC 2022-003; & ZC 2022-004 are consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan. These Zone Changes are consistent with Land Use Policies 2.A., 2.B and Program 2.A.1 of the General Plan in that the Town assessed its existing land use inventory and determined that all Amendments are necessary to maintain consistency with surrounding developments and considers the availability of infrastructure. In three of the four Amendments, the Town finds it necessary

Ordinance 553
and beneficial to lessen the density to allow single family residential development to meet the septic tank requirements. The remaining Amendment, which reverts the area back to RM zoning, will allow future development to benefit from the availability of sewer and will match existence of multifamily developments within, and surrounding, the subject area.

Amending the Zoning to allow new development to match surrounding development and for the purpose of satisfying sewage standards is found to be beneficial to public health, safety, and welfare.

Section 2. Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]; and Section 3. Amend the Official Zoning Districts Map as shown on Exhibits B, D, F, & H.

Section 4. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under Section 36933 of the Government Code of the State of California.

Section 5. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

Section 6. Severability. If any provision of this Ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications and, to this end, the provisions of this Ordinance are declared to be severable.

Ordinance 553
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 22nd day of March 2022.

Curt Emick, Mayor
ATTEST:

Ms. La Vonda M. Pearson, Town Clerk
Approved as to form: Approved as to content:

Mr. Thomas Rice, Town Attorney Mr. Douglas B. Robertson, Town Manager

Town Council Agenda Report
Date: March 22, 2022
To: Honorable Mayor and Town Council
Subject: SECOND READING OF ORDINANCE 554, AN ORDINANCE OF THE

TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA
ADDING SECTION 2.04.160 TO THE TOWN OF APPLE VALLEY

MUNICIPAL CODE ESTABLISHING CAMPAIGN CONTRIBUTION
LIMITATIONS UNDER ASSEMBLY BILL 571

From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services Town Clerk
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Adopt Ordinance No. 554.

SUMMARY
At its March 8, 2022 meeting, the Town Council reviewed and introduced Ordinance No. 554 that adds section 2.04.160 to the Apple Valley Municipal Code establising campaign contributions limitations for those seeking elective office in the Town of Apple Valley.

Ordinance No. 554 has been scheduled for adoption at the March 22, 2022 Town Council meeting.

FISCAL IMPACT
None

ATTACHMENTS
Ordinance No. 554

Ordinance No. 554
ORDINANCE NO. 554

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN

OF APPLE VALLEY, CALIFORNIA, ADDING SECTION

2.04.160 TO THE TOWN OF APPLE VALLEY MUNICIPAL

CODE ESTABLISHING CAMPAIGN CONTRIBUTION
LIMITATIONS UNDER ASSEMBLY BILL 571
WHEREAS, the California State Legislature in 2019 passed Assembly Bill 571 (“AB 571”) which creates campaign contribution limits, identical to those imposed on State Assembly and Senate candidates, for all levels of government; and WHEREAS, under existing law, cities, towns, and counties are empowered to impose their own contribution limits for elective officers; and WHEREAS, while AB 571 sets forth default statewide limits on contributions, AB 571 also permits cities, towns and counties to impose contribution limits that differ from the default limits and that are more in tune with their own communities: and WHEREAS, if a city, town, or county fails to impose its own contribution limits by January 1, 2020, then the default levels set by AB 571 will be imposed; and WHEREAS, in addition to imposing contribution limits, AB 571 imposes a number of bureaucratic hurdles for candidates for elective office; and WHEREAS, while the Town Council is comfortable with the State’s campaign contribution limits, it does not want to impose additional hurdles on candidates for elective office; and
WHEREAS, these bureaucratic hurdles may deter potential candidates from running for office, particularly those who do not have access to expensive campaign consultants; and
WHEREAS, therefore, the Town Council would like to adopt its own mandatory campaign contribution limits, which mirror the State’s limits, but eliminate the need for compliance with the additional bureaucratic rules imposed by AB 571; and WHEREAS, with the beginning of the 2022 election cycle there is now a need to take action to prevent candidates unnecessarily having to take additional steps in order to run for office within the Town.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.

SECTION 2. Addition of Section 2.04.160. Section 2.04.160 is hereby added to the Town of Apple Valley Municipal Code to read in its entirety as follows:

Ordinance No. 554
“2.04.160 – Campaign Contribution Limits for Town Elective Office Candidates.

A. A person shall not make to a candidate for elective town office, and a candidate for elective town office shall not accept from a person, a contribution totaling more than $4,900.

B. On January 1, 2023, and every odd-numbered year thereafter, the limit set forth in subsection A shall be adjusted to reflect any increase or decrease in the Consumer Price Index in the same manner as the Fair Political Practices Commission adjusts the limits under Government Code section 85301(d) or any successor provision.

C. Nothing in this section shall be deemed to exempt any person from complying with applicable provisions of any other laws of this state.” SECTION 3. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Town Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 4. Effective Date. This Ordinance shall become effective 30 days upon adoption.

SECTION 5. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under section 36933 of the Government Code of the State of California.

Ordinance No. 554
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 22nd day of March, 2022.
____________________________
Kari Leon, Mayor
Attest:
____________________________
La Vonda M-Pearson, Town Clerk.

Approval as to Form: Approval as to Content:
__________________________ ____________________________ Thomas Rice, Town Attorney Douglas Robertson, Town Manager

Town Council Agenda Report
Date: March 22, 2022
To: Honorable Mayor and Town Council
Subject: PAHUTE PARK LEASE AGREEMENT

From: Douglas Robertson, Town Manager
Submitted by: David C. Coleman, Parks and Recreation Manager Parks and Recreation
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Approve the attached park site lease agreement between the Apple Valley Unified School District (lessor) and the Town of Apple Valley for the purpose of establishing Pahute Park on land owned by the Apple Valley Unified School District for no less than 30 years.

BACKGROUND
In 2018, California voters passed the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68), which directed $254.9 million to State Parks for competitive grants to create new parks and enhance recreational opportunities for all Californians. This is the state’s largest investment in grant funding history targeted for underserved communities. The bond also provides funds for aging infrastructure, amenities and improvements to parks that will help attract new and diverse visitors.

On December 8, 2021, the Statewide Park Development and Community Revitalization Grant Program awarded the Town of Apple Valley $8,494,127 to create the new Pahute Park which will feature a new running track with synthetic surface, football field with lighting, baseball field, two soccer fields, all-abilities inclusive playground, walkway, small picnic shelter, large picnic shelter, dog park with big and small areas, restroom, parking lot with lighting, with landscaping and lighting throughout the park. The park will be located on land leased from AVUSD.

FISCAL IMPACT
The lease amount is $12 annually. $360 for the entire 30 years.

ATTACHMENTS
A. Lease agreeement

TOWN OF APPLE VALLEY

LEASE AGREEMENT
This Lease Agreement ("Lease") is made and entered into on this first day of September, 2021 by and between the Town of Apple Valley, a municipal corporation ("Town"), and the Apple Valley Unified School District, a school district ("Lessor"). Town and Lessor may be referred to in this Lease individually as "Party" or collectively as "Parties."

RECITALS
A. Lessor is the owner of certain real property located at 21878 Pahute Rd.in the Town of Apple Valley, County of San Bernardino, State of California ("the Property"), more particularly described in Exhibit "A", attached hereto and incorporated herein by reference.

B. Upon the terms and conditions set forth hereinafter, Lessor desires to lease the Property (the "Leased Premises") to Town, and Town desires to lease the Leased Premises from Lessor for the purpose of operating a public park.

AGREEMENT

1. Term. The term of this Lease shall commence on December 8, 2021 ("Commencement Date").

The lease provided herein shall continue for a period of thirty (30) years, ending on June 30, 205 1 After expiration of the term under this Lease, and in the case where Town has not vacated the Leased Premises prior to expiration, tenancy shall continue on a month-to-month basis, under the same terms and conditions under this Lease, until either party terminates this Lease in accordance with Section 19 herein.

2. Payments.

2.1 Annual Payments. Town shall pay to Lessor, as rent, an annual payment of $12 (the "Base Lease Payment"). The first lease payment shall be due on February 21June 30, 2022 Rent thereafter, shall be paid in advance, annually, beginning one
(1) year after the Commencement Date.

3. Use. Town shall: i) observe and comply with all local, state, and federal laws and regulations, including any Town, County and State restrictions, laws and ordinances affecting the Leased Premises or occupancy thereof; ii) not commit any waste or suffer any waste to be committed on the Leased Premises; and iii) only use theLeased Premises for one or more permitted uses, as defined herein.
28314.00008\33714084.I
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3.1 Permitted Uses. For purposes of this Lease, only uses complying with all local, state, and federal laws and regulations, including applicable zoning and land use controls, shall be permitted uses.

4. Discrimination. Town herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, use, occupancy, tenure, or enjoyment of the premises, nor shall the Town itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of Town, lessees, sublessees, or vendees in the premises herein leased.

5. Utilities. Town shall make all arrangements for and pay for its own utility services, including but not limited to gas, electricity, water, heat, light, power, and trash collection, and all connection charges for said utilities.

6. Vehicle Parking. Customers, employees, guests and invitees of Town may park in the parking spaces on the Property. These parking spaces shall be used for parking by vehicles no larger than full-size passenger automobiles, pick-up trucks or sport utility vehicles.

7. Possessory Interest Tax.

7.1 Lease Subject to Possessory Interest Tax. Town hereby recognizes and understands that this Lease may create a possessory interest subject to property taxation, and that Town may be subject to the payment of property taxes levied on such interest. Any such imposition of a possessory interest tax shall be a tax liability of Town solely, notwithstanding any provision of this Lease to the contrary. In addition, Town shall pay any personal property taxes that may become due for equipment, fixtures, inventory, or other personal property installed, maintained, or present in the· Leased Premises.

7.2 Payment of Possessory Interest Tax. Town shall promptly notify Lessor of any possessory interest tax imposed against Town's interest in the Leased Premises, and shall provide Lessor with a copy of any bill or assessment imposing the possessory interest tax. Lessor shall remit to the taxing agency the amount of the possessory interest tax imposed against Town, shall promptly notify Town in writing of the payment, and Town shall pay Lessor the amount paid by Lessor within 45 days of receiving Lessor's notice. Town's failure to timely pay Lessor this amount shall constitute a material breach of this Lease.

8. Repairs and Maintenance.
28314.00008\337l4084.I
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8.1 Obligations of Town. Town shall, at Town's sole cost and expense, keep the Premises, including any improvements or personal property located on the Premises and the interior landscaping in good order, repair and condition at all times and in accordance with the requirements of Lessor, as established from time to time, during the term of this Agreement. Town shall, at Town's sole cost and expense, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken improvements and landscaping located or to be located on the Premises. Town shall be responsible for any damage done to the Premises during the term of this Agreement by Town and its Representatives (as defined below). Throughout the term, Town shall, at Town's sole cost and expense, clean the Premises of waste and other material caused by the use of the Premises by Town and its Representatives. Lessor shall not be required to furnish any services or facilities or clean the Premises of waste and other material caused by the use of the Premises by Town and its Representatives. Lessor's election to perform any obligation of Town under this provision on Town's failure or refusal to do so shall not constitute a waiver of any right or remedy for Town's default, and Town shall promptly reimburse, defend, and indemnify Lessor against all liability, loss, cost and expense arising from it.

9. Disclaimer and Warranties. Lessor guarantees and warrants that: (1) Lessor owns the Premises; (2) Lessor has full authority to execute and enter into this Lease and consummate the transaction contemplated herein; (3) there are no leases, licenses or occupancy agreements binding upon the Property; (4) the Property is not subject to any pending litigation nor has Lessor received notice of any threatened litigation, environmental or condemnation proceeding which would adversely affect the Property or the transaction contemplated here; (5) to the best of Lessor's actual knowledge, the Property is free from environmental hazards and (6) the Leased Premises comply with applicable covenants and restrictions of record, building codes, ordinances, or statutes in effect at the Commencement Date of this Lease.

10. Delay in Possession. Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Leased Premises to Town by the commencement date of this Lease, as specified in Section 1 of this Lease. If, despite these efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease. Town shall not, however, be obligated to pay rent or perform its other obligations until it receives possession of the Leased Premises. If possession is not delivered within sixtythirty (30) days after the Commencement Date, Town may, at its option, by notice in writing within ten (10) days after the end of such 30 day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder.

11. Damage or Destruction of Premises. If during the term of this Lease, any portion of the Leased Premises shall be damaged by fire or other catastrophic cause, so as to render such portion of the Leased Premises untenable, the obligations under this Lease may be suspended while such portion of the Leased Premises remains untenable.

In the event of such damage, Town shall give Lessor notice of such untenable conditions and the Lessor shall elect in its sole discretion, whether to repair the Leased Premises or to cancel this Lease with respect thereto. It shall notify Town in -3-
28314.00008\33714084.l

writing of its election within thirty (30) days after service of notice by Town. In the event that Lessor elects not to repair the Leased Premises or portion thereof, this Lease shall be deemed canceled as of the date the damage occurred with respect to the applicable portion(s).

12. Alterations. Additions and Improvements. Subject to the provisions of this Section, Town shall have the right to construct walkways, shade structures, irrigation systems and to install trees and turf on the Premises. Prior to the construction or installation of the foregoing, Town shall submit to Lessor plans and specifications for such construction and installation ("Plans") for approval, which approval may be withheld in Lessor's reasonable discretion. In the event Lessor disapproves the Plans, Town shall cause the Plans to be modified in accordance with the reasons given for disapproval and shall resubmit the Plans to Lessor for approval or disapproval. The foregoing procedure shall be continued until the Plans have been approved by Lessor. The construction and installation shall be in strict compliance with the approved Plans. Except for the improvements referred to herein, no other improvements shall be located on the Premises without the prior written consent of Lessor. In the event Lessor needs to use the Premises or upon the termination or expiration of this Agreement, Town shall remove the improvements located on the Premises by Town, at Town's sole cost and expense.

12.1 Payment for Improvements. In the event Lessor consents to the construction of an improvement on the Premises, Town shall pay or cause to be paid, the total cost and expense of all works of improvement, as that phrase is defined in the Mechanic's Lien law in effect at the time the works of improvement begin. Town shall not suffer or permit to be enforced against the Premises, or any part of it, any mechanic's, materialmen's, contractor's, or subcontractor's lien arising from any work or improvement, however it may arise.

13. Access by Lessor. Lessor reserves for itself and any of its designated Agents the right to enter the Leased Premises as follows:
(i) on an occasional basis, at all reasonable times after giving Town 24 hours' advance written or oral notice, to post notice of non-responsibility, to conduct any environmental audit of Town's use of the Leased Premises, to repair, alter or improve any part of the Property, building systems or Leased Premises, and or any other lawful purpose; and
(ii) on an emergency basis without notice whenever Lessor believes that emergency access is required. Lessor shall have the right to use any means that it deems proper to open doors in an emergency in order to obtain access to any part of the Leased Premises, and any such entry shall not be construed or deemed to be a forcible or unlawful entry into or a detainer of, the Leased Premises, or an eviction, actual or constructive, of Town from the Premises or any portion thereof.

14. Indemnity. Lessor agrees to indemnify, defend and hold Town, its elected officials, and all other officers, employees, consultants and agents of Town harmless 28314.00008\33714084.1
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from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss including attorneys' fees, consultant fees and expert witness fees which arise as a result of any negligent acts or omissions or willful misconduct of Lessor in connection with the Leased Premises Town agrees to indemnify, defend and hold Lessor, its electedofficials, and all other officers, employees, consultants and agents of Lessor harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss including attorneys' fees, consultant fees and expert witness fees which arise as a result of any negligent acts or omissions or willful misconduct of Town in connection with the Leased Premises.

15. Hazardous Materials Prohibited. The use, generation, storage or disposal of Hazardous Materials on the Leased Premises is strictly prohibited, and any such use, generation, storage, or disposal shall result in a default and termination of this Lease.

For the purpose of this Section, Hazardous Materials shall include, without limitation, substances defined as "hazardous substances", "hazardous materials", "toxic substances", "hazardous wastes", "extremely hazardous wastes", or "restricted hazardous wastes", or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. sections 9601, et seq; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seq; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq; the Federal Water Pollution Control Act,33 U.S.C. sections 1317, et seq; sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time.

16. Insurance. Lessor and City shall comply with their respective insurance obligations required by applicable law by means of self-insurance or insurance deductibles.

17. Attorneys' Fees. Should any action or proceeding be commenced to enforce the provisions provided in this Lease, or should any litigation be commenced between the parties to this Lease concerning the Property or the Leased Premises, this Lease, or the rights and duties of either in relation thereto, the prevailing party in such litigation shall be entitled, in addition to such other relief as may be granted as the result of said litigation, to a reasonable sum for its attorneys' fees.

18. Assignment and Subletting. Town may sublet all or part of the Leased Premises if sublessee's use conforms to the allowed uses outlined in Section 3.1 of this Lease.

19. Termination. Without limiting its ability to seek other remedies, either at law or in equity, either party may terminate this Lease and all of the obligations herein, at its option, upon the other party's breach of any of its obligations under this Lease andfailure to cure such breach within thirty (30) days after receipt of written notice from the nonbreaching party or, if such cure cannot be completed within thirty (30) days, the breaching party's failure to commence such cure within thirty (30) days after its receipt of written notice and thereafter failing to diligently prosecute such cure to completion.

Formatted: Font: 12 pt

In addition to the foregoing, upon expiration of the Lease term provided in Section 1 of this Lease either party may terminate this Lease by providing the other party with ninety (90) days' prior written notice of said wish to terminate. Said notice 28314.00008\33714084.1
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shall be sent via certified mail, return receipt requested, to the location specified in Section 21 of this Lease, and shall be deemed accepted upon delivery.

20. Default.

21.1 Any of the following events or occurrences shall constitute a material breach of this Lease by Town, and shall constitute an event of default. (a) If Town fails to pay any installment of consideration payable pursuant to Section 2.1 or other sum within thirty (30) days of the due date. (b) If Town fails to promptly perform or observe any covenant, condition, or agreement to be performed by Town under this Agreement within thirty (30) days after written notice from Lessor.
(c) If Town abandons the Leased Premises and such vacation or abandonment continues for thirty (30) days after written notice.

21. Notice. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, return receipt requested, shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days after the date of posting by the United States post office.

To Town: Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
Attn: Town Manager
To Lessor Apple Valley Unified School District
12555 Navajo Rd.

Apple Valley, CA 92308
Attn: Superintendent
Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent.

22. Compliance with Laws. Town shall comply with all applicable Federal, State and local laws, regulations and standards that are or may become applicable to Town's occupancy and/or activities on the Leased Premises. The judgment of any court of competent jurisdiction, or the admission of Town in a proceeding brought against it byany governmental entity, that Town has violated any such statute, ordinance, regulation,or requirement shall be conclusive as between the Lessor and the Town and shall constitute grounds for declaration of default, material breach, forfeiture, and termination of this Lease by Lessor.
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23. Cumulative Remedies. No remedy or election contained herein shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

24. Signs. All signs and graphics of every kind visible from public view corridors, or the exterior of the Property will be subject to Lessor's prior written approval,and will be subject to any applicable governmental laws, and ordinances and in conformance with Lessor's design standards.

25. Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

26. Captions. Any captions to, or headings of, the sections or subsections of this Lease are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of the validity of this Lease or any provision hereof.

27. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Lease shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto.

28. Amendment of Lease. The terms of this Lease may not be modified or amended except by an instrument in writing executed by each of the parties hereto.

29. Waiver. The waiver or failure to enforce any provision of this Lease shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

30. Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of California. Venue shall be the County of San Bernardino.

31. Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this Lease, including any permit or license fees which Town may be required to obtain pursuant to its occupancy.

32. Authority to Execute Lease. Lessor and Town warrant that the individuals who have signed this Lease have the legal power, right and authority to enter into this Lease so as to bind each party for whom they sign to perform as provided herein.

33. Successors and Assigns. This Lease shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

34. Incorporation of Recitals. Each and all of the Recitals to this Lease are incorporated by reference as though fully set forth herein. 28314.00008\33714084.I
-7-

35. Entire Agreement. This Lease supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Town and Lessor as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to any employees, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby.

36. Severability. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect.
28314.00008\33714084. l
- 8 -

SIGNATURE PAGE TO LEASE AGREEMENT BETWEEN TOWN OF APPLE

VALLEY AND APPLE VALLEY UNIFIED SCHOOL DISTRICT
IN WITNESS WHEREOF, the Parties have executed this Lease as of the date first written above.

TOWN OF APPLE VALLEY LESSOR
APPROVED BY:

Doug Robertson
Town Manager
ATTESTED BY:

Signature
Name
La Vonda M-Pearson
Town Clerk
APPROVED AS TO FORM:

Title
Best Best & Krieger LLP
Town Attorney
28314.00008\33714084.I

-9-

EXHIBIT A
[***ATTACH OR INSERT DESCRIPTION OF PROPERTY***]
28314,00008 \33 7 I 40X-1. I
- 10 -
379-5/6288202.1

Town Council Agenda Report
Date: March 22, 2022
To: Honorable Mayor and Town Council
Subject: FOURTH PUBLIC HEARING FOR REDISTRICTING

From: Douglas Robertson, Town Manager
Submitted by: Thomas Rice, Town Attorney
La Vonda M-Pearson, Director of Government Services
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
a. Receive a report from staff and the Town’s redistricting consultant on the redistricting process and the draft maps; and
B. Receive input from the public on the draft maps; and C. Receive direction from the Council regarding which final map the Town Council chooses to consider for adoption

BACKGROUND
In 2019, in response to a threat of litigation under the California Voting Rights Act and like many jurisdictions throughout the state, the Town transitioned from an at-large to a five member by-district election system. The Town did so after a lengthy public outreach process, which included holding five public hearings and a workshop. The Town is presently divided into five districts, which were based on the following factors:
 Geography
o Use major roadways as dividing lines
o Consider future growth areas
 Communities of Interest
o Attempt to keep distinct communities together
o Attempt to place some commercial property in every district o Attempt to place some parks or open space in every district

o Attempt to split the North Apple Valley Industrial Specific Plan (NAVISP) so a single council member is not responsible for the entire area
 Cohesiveness, Contiguity, Integrity, and Compactness of Territory  Accept that it will be natural for their to be a wide variation in district size due to lack of density in various parts of Town
 Do not prioritize trying to make districts the same size in area terms In November 2020, the Town held its first by-district elections. Districts 1 and 2 were the subject of the election.

On January 11, 2022, the Town Attorney provided an update on the redistricting process.

At that meeting, the Town Council requested the Town Attorney provide the Town Council with an opportunity to consider a transition to a “4+1” system with an at large Mayor. On January 24, 2022, the Town entered into a contract with National Demographics Corporation (NDC) to perform redistricting services, including the drawing of maps.

On February 8, 2022, the Town Council held its first redistricting hearing and received a presentation from NDC on the appropriate criteria for consideration. The Town Council discussed and deliberated on a proposed ordinance to transition to a “4+1” system with an at large Mayor. At the conclusion of the hearing, the Town Council chose to introduce two ordinances in order to facilitate further public input on the possible transition. One ordinance would leave the Town Council with five districts; the other would transition to a “4+1” system with an at large Mayor. Both ordinances would have permitted the Town Council to adopt new maps by resolution.

On February 22, 2022, the Town Council adopted Ordinance No. 549(A) transitioning the Town from a system with five single member council districts to a “4+1” system with an at large Mayor elected every two years.

Following the decision on February 22, the Town’s redistricting consultant prepared three draft maps dividing the Town into four districts. Those maps were posted by the Town on March 1.

DISCUSSION:

Redistricting
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed.

This process, called redistricting, ensures all districts have a nearly equal population. The redistricting process for the Town of Apple Valley must be completed by April 17, 2022.

The Town’s districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and

took effect January 1, 2020. Under the Act, the Town Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):

1. Comply with the federal requirements of equal population and the Voting Rights Act;

2. Be geographically contiguous;

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together);

4. Display easily identifiable boundaries;

5. Be compact (do not bypass one group of people to get to a more distant group of people); and

6. Shall not favor or discriminate against a political party.

Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Minimize the number of voters delayed from voting in 2022 to 2024;

2. Respect voters’ choices/continuity in office; and

3. Future population growth.

By law, the Town must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
 At least one hearing must occur before the agency draws draft maps;  At least two hearings must happen after the drawing of draft maps (the fourth hearing can happen either before or after the drawing of draft maps); and  Agency staff or consultants may hold a public workshop instead of one of the required public redistricting hearings.

To increase the accessibility of these hearings, the Town must take the following steps:
 At least one hearing must occur on a Saturday, Sunday, or after 6:00 p.m. on a weekday;
 If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing must begin at a pre-designated time; and  Local public redistricting hearings must be made accessible with people with disabilities.

Town Schedule
The Town has set the following schedule for the redistricting process:

February 8, 2022 First Public Hearing - Hearing begins at 7:30 p.m.

February 22, 2022 Second Public Hearing – Hearing begins at 7:30 p.m.

March 1, 2022 Draft Maps Released; Mapping Tool Released to Public

March 8, 2022 Third Public Hearing - Consideration and input on proposed draft maps
March 15, 2022 New Maps released - if any
March 22, 2022 Fourth Public Hearing; Selection of Map
April 12, 2022 Formal Adoption of Map by Resolution
This Hearing
The purpose of this fourth public hearing is to allow the public to provide input regarding the composition of one or more council districts and receive direction from the Council regarding which final map the Town Council chooses to consider for adoption. In order to meet the April 17, 2022 deadline for adoption, Council should choose the final map tonight to be brought back as a resolution at the meeting of April 12, 2022 for final adoption by the Town Council.

FISCAL IMPACT
The redistricting process should cost the Town approximately $50,000 depending on the number of public meetings the consultant attends. However, the Town must incur this cost in order to comply with applicable law.

ATTACHMENTS

1. Current District Map

2. Draft Maps (and Demographic Data) Prepared by Town’s Consultant, NDC a. Orange Map
b. Tan Map
c. Green Map

3. Draft Maps (and Demographic Data) prepared by the public and verified by the Town’s Consultant, NDC
a. Map 101
b. Map 102

2 4
3 5
1 15
15 Apple Valley Arprt
18 18
Bear Valley Cutoff
Apple Valley Rd
Falchion Rd
Rincon Rd
Kiowa Rd
Nisqually Rd
N
a
v
ajo
R
d
Thunderbird Rd
D
ale
E
v
a
ns P
kw
y
Otoe Rd
Johnson Rd
Tussing Ranch Rd
B
u
e
n
a
Vista
St
Ce
ntr
al Rd
Ramona Ave
Papago Rd
Lafayette St
Colusa Rd
National Demographics Corporation, June 3, 2019
Map layers
Districts
Water Area
Streets
Landmark Point
Pipeline/Power Line
Railroad
River
Voting District Map
Adopted July 23, 2019

2 4
3 1
15 State Rt 18
A
p
ple
V
alle
y
R
d
Navajo Rd
Johnson Rd
Bear Valley Rd
Ottawa Rd
Esaws Ave
Ramona Ave
Cahuilla Rd
Navajo Rd
Sandia Rd
Corwin Rd
Deep Creek Rd
Kio
w
a
R
d
M
o
h
a
w
k
R
d
P
aum
a
St
Standing Rock Ave Lakota Rd
Rincon Rd
Seneca Rd
Papago Rd
Thunderbird Rd
Morro Rd
Central
R
d
Fairfield
A
v
e
D
ale
E
vans Pk
y

Orange
District 1
Total Pop 18,905
Deviation from ideal -111
% Deviation -0.58%
% Hisp 41.1%
% NH White 40%
% NH Black 11%
% Asian-American 3%
Total 11,547
% Hisp 32%
% NH White 54%
% NH Black 10%
% Asian/Pac.Isl. 2%
Total 9,855
% Latino est. 29%
% Spanish-Surnamed 27%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 56%
% NH Black 12%
Total 7,054
% Latino est. 27%
% Spanish-Surnamed 25%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 58%
% NH Black 11%
Total 4,705
% Latino est. 20%
% Spanish-Surnamed 19%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 64%
% NH Black est. 10%
ACS Pop. Est. Total 17,167
age0-19 32%
age20-60 51%
age60plus 18%
immigrants 11%
naturalized 60%
english 79%
spanish 18%
asian-lang 1%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 59%
bachelor 8%
graduatedegree 8%
Child in Household child-under18 43%
Pct of Pop. Age 16+ employed 58%
income 0-25k 22%
income 25-50k 31%
income 50-75k 14%
income 75-200k 29%
income 200k-plus 4%
single family 72%
multi-family 28%
rented 45%
owned 55%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 19,508
492

2.59%
37%
46%
8%
4%
12,813
28%
57%
9%
3%
11,739
25%
23%
1%
1%
64%
9%
9,324
22%
21%
1%
1%
66%
8%
6,370
16%
16%
1%
1%
71%
8%
18,910
31%
44%
24%
7%
60%
82%
15%
2%
1%
5%
53%
14%
7%
37%
54%
10%
27%
17%
40%
7%
85%
15%
28%
72%
3 18,314
-702
-3.69%
45%
40%
8%
3%
11,549
33%
52%
11%
3%
9,415
31%
29%
1%
1%
57%
10%
6,810
28%
27%
1%
1%
60%
9%
4,192
22%
22%
1%
0%
64%
9%
18,625
34%
48%
18%
11%
47%
78%
20%
1%
1%
8%
65%
7%
3%
46%
54%
24%
32%
20%
24%
1%
82%
18%
42%
58%
4 19,336
320

1.68%
30%
53%
8%
6%
13,440
21%
63%
11%
4%
12,987
21%
19%
2%
1%
67%
9%
10,760
18%
17%
2%
1%
68%
9%
7,732
14%
14%
2%
1%
72%
9%
17,954
24%
43%
34%
11%
64%
85%
10%
3%
2%
6%
58%
14%
10%
25%
48%
18%
20%
20%
36%
7%
93%
7%
24%
76%
Total
76,063
1,194

6.28%
38%
45%
9%
4%
49,349
29%
57%
10%
3%
43,996
26%
24%
2%
1%
62%
10%
33,948
23%
22%
2%
1%
64%
9%
22,999
17%
17%
1%
1%
69%
9%
72,655
30%
46%
23%
10%
58%
81%
16%
2%
2%
6%
58%
11%
7%
37%
53%
18%
27%
18%
32%
5%
83%
17%
34%
66%
03/01/2022 16:08 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

4 2
3 1
15 State Rt 18
A
p
ple
V
alle
y
R
d
N
a
v
ajo
R
d
Johnson Rd
Bear Valley Rd
Sitting Bull Rd
Ottawa Rd
Esaws Ave
Ramona Ave
Cahuilla Rd
Navajo Rd
Wren St
Del Oro Rd
Sandia Rd
Corwin Rd
Deep Creek Rd
Kiowa Rd
Mohawk Rd
P
aum
a
St
Standing Rock Ave Lakota Rd
Rincon Rd
Papago Rd
Thunderbird Rd
Morro Rd
Central
R
d
Fairfield
A
v
e
D
ale
E
vans Pky

Tan
District 1
Total Pop 19,565
Deviation from ideal 549
% Deviation 2.89%
% Hisp 37.8%
% NH White 43%
% NH Black 11%
% Asian-American 4%
Total 12,668
% Hisp 30%
% NH White 56%
% NH Black 9%
% Asian/Pac.Isl. 2%
Total 10,772
% Latino est. 26%
% Spanish-Surnamed 24%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 60%
% NH Black 11%
Total 8,094
% Latino est. 24%
% Spanish-Surnamed 22%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 63%
% NH Black 9%
Total 5,486
% Latino est. 18%
% Spanish-Surnamed 17%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 68%
% NH Black est. 9%
ACS Pop. Est. Total 18,746
age0-19 32%
age20-60 49%
age60plus 20%
immigrants 10%
naturalized 57%
english 76%
spanish 21%
asian-lang 2%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 54%
bachelor 11%
graduatedegree 8%
Child in Household child-under18 39%
Pct of Pop. Age 16+ employed 57%
income 0-25k 19%
income 25-50k 30%
income 50-75k 14%
income 75-200k 32%
income 200k-plus 5%
single family 71%
multi-family 29%
rented 42%
owned 58%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 19,313
297

1.56%
27%
54%
8%
6%
14,161
23%
61%
11%
5%
13,410
19%
18%
2%
1%
68%
9%
11,356
17%
16%
2%
1%
69%
9%
8,289
13%
13%
2%
1%
73%
9%
18,545
23%
41%
36%
9%
73%
87%
7%
3%
3%
5%
57%
15%
10%
25%
49%
14%
21%
17%
39%
8%
91%
9%
21%
79%
3 18,885
-131
-0.69%
43%
41%
9%
3%
11,112
29%
56%
10%
3%
9,946
30%
28%
1%
1%
59%
10%
7,265
27%
25%
1%
1%
61%
9%
4,715
19%
19%
1%
1%
66%
9%
17,430
34%
48%
18%
11%
56%
84%
14%
2%
1%
6%
60%
9%
5%
42%
51%
22%
29%
17%
27%
4%
87%
13%
34%
66%
4 18,300
-716
-3.77%
45%
41%
7%
3%
11,408
34%
53%
11%
2%
9,868
32%
29%
1%
1%
57%
10%
7,233
29%
27%
1%
1%
60%
9%
4,509
23%
22%
1%
1%
64%
9%
17,935
33%
47%
19%
11%
46%
77%
22%
1%
1%
7%
63%
8%
4%
46%
56%
19%
29%
21%
29%
2%
84%
16%
41%
59%
Total
76,063
1,265

6.65%
38%
45%
9%
4%
49,349
29%
57%
10%
3%
43,996
26%
24%
2%
1%
62%
10%
33,948
23%
22%
2%
1%
64%
9%
22,999
17%
17%
1%
1%
69%
9%
72,655
30%
46%
23%
10%
58%
81%
16%
2%
2%
6%
58%
11%
7%
37%
53%
18%
27%
18%
32%
5%
83%
17%
34%
66%
03/01/2022 16:32 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

4 2 3
1 15
State Rt 18
A
p
ple
V
alle
y
R
d
Navajo Rd
Johnson Rd
Bear Valley Rd
Sitting Bull Rd
Ottawa Rd
Esaws Ave
Ramona Ave
Cahuilla Rd
Navajo Rd
Sandia Rd
Corwin Rd
Deep Creek Rd
Kio
w
a
R
d
M
o
h
a
w
k
R
d
P
a
u
m
a
St
Standing Rock Ave
L
a
k
ota
R
d
Rincon Rd
Seneca Rd
Papago Rd
Thunderbird Rd
Morro Rd
Central
R
d
Fairfield
A
v
e
D
ale
E
vans Pk
y

Green
District 1
Total Pop 18,913
Deviation from ideal -103
% Deviation -0.54%
% Hisp 38.2%
% NH White 42%
% NH Black 12%
% Asian-American 4%
Total 12,450
% Hisp 31%
% NH White 53%
% NH Black 11%
% Asian/Pac.Isl. 2%
Total 10,164
% Latino est. 26%
% Spanish-Surnamed 24%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 58%
% NH Black 12%
Total 7,589
% Latino est. 24%
% Spanish-Surnamed 23%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 61%
% NH Black 11%
Total 5,164
% Latino est. 18%
% Spanish-Surnamed 17%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 66%
% NH Black est. 11%
ACS Pop. Est. Total 18,423
age0-19 32%
age20-60 48%
age60plus 20%
immigrants 10%
naturalized 60%
english 77%
spanish 19%
asian-lang 1%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 54%
bachelor 12%
graduatedegree 8%
Child in Household child-under18 39%
Pct of Pop. Age 16+ employed 58%
income 0-25k 19%
income 25-50k 31%
income 50-75k 14%
income 75-200k 31%
income 200k-plus 5%
single family 68%
multi-family 32%
rented 44%
owned 56%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 19,046
30 0.16%
26%
56%
7%
6%
14,033
21%
64%
10%
5%
13,466
18%
17%
2%
1%
69%
9%
11,461
17%
16%
2%
1%
70%
8%
8,369
13%
12%
2%
1%
74%
8%
18,253
22%
42%
36%
9%
73%
86%
7%
3%
3%
5%
57%
15%
11%
24%
48%
14%
20%
18%
40%
8%
93%
7%
19%
81%
3 18,950
-66
-0.35%
43%
41%
8%
3%
11,004
29%
58%
9%
3%
10,130
29%
27%
1%
1%
60%
8%
7,398
27%
25%
1%
1%
62%
8%
4,773
19%
19%
1%
1%
68%
8%
17,336
34%
48%
19%
11%
54%
83%
15%
2%
1%
6%
61%
8%
4%
43%
51%
22%
30%
18%
27%
3%
87%
13%
34%
66%
4 19,154
138

0.73%
45%
41%
7%
3%
11,863
34%
52%
12%
2%
10,236
32%
30%
1%
1%
57%
10%
7,500
29%
27%
1%
1%
59%
10%
4,693
23%
22%
1%
1%
64%
10%
18,643
34%
47%
19%
11%
47%
77%
21%
1%
1%
8%
63%
8%
4%
45%
56%
19%
28%
21%
30%
2%
84%
16%
41%
59%
Total
76,063
241

1.27%
38%
45%
9%
4%
49,349
29%
57%
10%
3%
43,996
26%
24%
2%
1%
62%
10%
33,948
23%
22%
2%
1%
64%
9%
22,999
17%
17%
1%
1%
69%
9%
72,655
30%
46%
23%
10%
58%
81%
16%
2%
2%
6%
58%
11%
7%
37%
53%
18%
27%
18%
32%
5%
83%
17%
34%
66%
03/01/2022 15:52 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

2 4
3 1
15 State Rt 18
A
p
ple
V
alle
y
R
d
Navajo Rd
Johnson Rd
Bear Valley Rd
Sitting Bull Rd
Ottawa Rd
Esaws Ave
Ramona Ave
Cahuilla Rd
Navajo Rd
Sandia Rd
Corwin Rd
Deep Creek Rd
Mohawk Rd
P
a
u
m
a
St
Standing Rock Ave
L
a
k
ota
R
d
Rincon Rd
Seneca Rd
Papago Rd
Thunderbird Rd
Morro Rd
Central
R
d
Fairfield
A
v
e
D
ale
E
v
ans P
k
y

Map 101
District 1
Total Pop 19,124
Deviation from ideal 108
% Deviation 0.57%
% Hisp 38.1%
% NH White 42%
% NH Black 12%
% Asian-American 4%
Total 12,509
% Hisp 31%
% NH White 55%
% NH Black 11%
% Asian/Pac.Isl. 2%
Total 10,442
% Latino est. 26%
% Spanish-Surnamed 24%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 59%
% NH Black 12%
Total 7,826
% Latino est. 24%
% Spanish-Surnamed 22%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 62%
% NH Black 10%
Total 5,282
% Latino est. 18%
% Spanish-Surnamed 17%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 67%
% NH Black est. 10%
ACS Pop. Est. Total 18,751
age0-19 32%
age20-60 48%
age60plus 20%
immigrants 9%
naturalized 60%
english 77%
spanish 20%
asian-lang 1%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 55%
bachelor 12%
graduatedegree 9%
Child in Household child-under18 39%
Pct of Pop. Age 16+ employed 58%
income 0-25k 18%
income 25-50k 29%
income 50-75k 14%
income 75-200k 33%
income 200k-plus 6%
single family 70%
multi-family 30%
rented 43%
owned 57%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 18,995
-21
-0.11%
27%
55%
8%
6%
14,046
22%
62%
10%
5%
13,465
19%
18%
2%
1%
69%
9%
11,443
17%
16%
2%
1%
70%
9%
8,413
13%
13%
2%
1%
74%
9%
18,056
22%
43%
35%
9%
73%
86%
7%
3%
3%
5%
57%
15%
10%
24%
48%
15%
20%
17%
40%
8%
94%
6%
18%
82%
3 19,158
142

0.75%
44%
42%
8%
3%
11,375
30%
56%
9%
3%
10,128
30%
28%
1%
1%
60%
8%
7,311
27%
26%
1%
1%
62%
8%
4,735
20%
19%
1%
0%
67%
8%
17,495
33%
48%
20%
11%
56%
82%
15%
2%
1%
6%
61%
8%
3%
42%
50%
21%
34%
17%
26%
2%
88%
12%
34%
66%
4 18,786
-230
-1.21%
44%
41%
8%
4%
11,419
32%
53%
12%
2%
9,961
32%
29%
1%
1%
57%
10%
7,368
29%
27%
1%
1%
59%
10%
4,569
22%
22%
1%
1%
64%
10%
18,353
34%
47%
18%
11%
45%
78%
20%
1%
1%
7%
62%
9%
5%
46%
57%
19%
27%
21%
30%
2%
82%
18%
44%
56%
Total
76,063
372

1.96%
38%
45%
9%
4%
49,349
29%
57%
10%
3%
43,996
26%
24%
2%
1%
62%
10%
33,948
23%
22%
2%
1%
64%
9%
22,999
17%
17%
1%
1%
69%
9%
72,655
30%
46%
23%
10%
58%
81%
16%
2%
2%
6%
58%
11%
7%
37%
53%
18%
27%
18%
32%
5%
83%
17%
34%
66%
03/12/2022 19:02 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

2 4
1 3
15 State Rt 18
A
p
ple
V
alle
y
R
d
N
a
v
ajo
R
d
Johnson Rd
Bear Valley Rd
Sitting Bull Rd
Ottawa Rd
Esaws Ave
Ramona Ave
Cahuilla Rd
Navajo Rd
Sandia Rd
Corwin Rd
Deep Creek Rd
Mohawk Rd
P
aum
a
St
Standing Rock Ave Lakota Rd
Rincon Rd
Seneca Rd
Papago Rd
Thunderbird Rd
Morro Rd
Central
R
d
Fairfield
A
v
e
D
ale
E
vans Pk
y

Public 102
District 1
Total Pop 19,053
Deviation from ideal 37
% Deviation 0.19%
% Hisp 38.1%
% NH White 42%
% NH Black 12%
% Asian-American 4%
Total 12,472
% Hisp 31%
% NH White 55%
% NH Black 11%
% Asian/Pac.Isl. 2%
Total 10,404
% Latino est. 26%
% Spanish-Surnamed 24%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 59%
% NH Black 12%
Total 7,798
% Latino est. 24%
% Spanish-Surnamed 22%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 62%
% NH Black 10%
Total 5,273
% Latino est. 18%
% Spanish-Surnamed 17%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 67%
% NH Black est. 10%
ACS Pop. Est. Total 18,695
age0-19 32%
age20-60 48%
age60plus 20%
immigrants 9%
naturalized 60%
english 77%
spanish 20%
asian-lang 1%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 55%
bachelor 12%
graduatedegree 9%
Child in Household child-under18 40%
Pct of Pop. Age 16+ employed 59%
income 0-25k 18%
income 25-50k 29%
income 50-75k 14%
income 75-200k 33%
income 200k-plus 6%
single family 69%
multi-family 31%
rented 43%
owned 57%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 19,025
9 0.05%
27%
55%
8%
6%
14,072
22%
62%
10%
5%
13,484
19%
18%
2%
1%
69%
9%
11,461
17%
16%
2%
1%
70%
9%
8,424
13%
13%
2%
1%
74%
9%
18,088
22%
43%
35%
9%
73%
86%
7%
3%
3%
5%
57%
15%
10%
24%
48%
15%
20%
17%
40%
8%
94%
6%
18%
82%
3 18,981
-35
-0.18%
44%
40%
8%
3%
11,124
30%
56%
10%
3%
9,857
31%
28%
1%
1%
58%
9%
7,124
28%
26%
1%
1%
60%
9%
4,612
20%
19%
1%
0%
66%
9%
17,511
34%
48%
18%
11%
54%
83%
14%
2%
1%
5%
60%
8%
4%
44%
50%
22%
34%
17%
25%
2%
86%
14%
37%
63%
4 19,004
-12
-0.06%
44%
42%
7%
4%
11,681
32%
54%
11%
2%
10,251
31%
29%
1%
1%
58%
9%
7,565
28%
26%
1%
1%
61%
9%
4,690
22%
21%
1%
1%
65%
9%
18,361
33%
47%
20%
11%
48%
77%
21%
1%
1%
7%
63%
9%
5%
44%
57%
19%
27%
22%
30%
3%
84%
16%
41%
59%
Total
76,063
72 0.38%
38%
45%
9%
4%
49,349
29%
57%
10%
3%
43,996
26%
24%
2%
1%
62%
10%
33,948
23%
22%
2%
1%
64%
9%
22,999
17%
17%
1%
1%
69%
9%
72,655
30%
46%
23%
10%
58%
81%
16%
2%
2%
6%
58%
11%
7%
37%
53%
18%
27%
18%
32%
5%
83%
17%
34%
66%
03/15/2022 10:39 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Town Council Agenda Report
Date: March 22, 2022
To: Honorable Mayor and Town Council
Subject: DISCUSSION ON DEMOLITION OF HILLTOP HOUSE

From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, CCEO
Public Works
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Direct staff to proceed with the demolition of the Hilltop House or provide direction to staff.

SUMMARY
Staff is requesting Council direction as it relates to the Hilltop House and its current state which hinders the Town’s ability to obtain complete and accurate bids for rebuild and exposes the Town to possible liability. The Town has been unsuccessful in obtaining any grants due to the complexity of the scope of work, multi-phase elements, and ultimately high cost of the project that would far exceed the available grant funds. Staff believe if the property were in a clean and shovel ready state, then there may be more opportunities for financing the project and grant applications will have a greater potential for success.

BACKGROUND
The Apple Valley “Hill Top House” was constructed in 1957 by Town founders Newton T. Bass and Bud Westlund on a 20.75 parcel (3112-181-01) now known as Bass Hill.

The house and land, which provided panoramic views of the region, remains a prominent landmark that can be seen throughout much of Apple Valley. After multiple fires and, subsequent abandonment, the house, which was once used as an entertainment and conference center, has fallen into disrepair over the years and was, ultimately, condemned by Town officials and a contract engineering firm.

The substandard house and parcel was purchased by the Town in May of 2016 with assistance from a National Park Service grant through the Land and Water Conservation Fund. The following year, the Apple Valley Town Council adopted a Resolution placing the recently purchased Hilltop House property into the Town of Apple Valley Park system. While the property is not open to the public, residents and curious

visitors still use the driveway as a hiking trail. Additionally, the fenced off building is frequently accessed and vandalized.

The house is currently unsecured via several access points that have been cut through the security fencing, much of which has been stolen by unknown persons. The structure itself is severely substandard and dangerous in some areas that are accessible to the curious public and persons who are trespassing for the purposes of vandalism or stealing recyclable materials. These areas pose a potential risk for slip, trip and fall hazards as well as loose materials and structural members that could pose a danger to curious persons. The Town has spent several tens of thousands of dollars in personnel and materials costs to secure and resecure the property and abate the attractive nuisances and graffiti that frequently plague the Town owned property. Demolition would eliminate the nuisances and open the trail and hilltop for access by all without fear of liability or harm.

The intent of the larger and more long-term project is to preserve the look and feel of the original structure while providing additional outdoor educational and recreational space where visitors can, once again, enjoy panoramic views of the valley. As part of this project, the Town of Apple Valley intends to demolish the existing structure but preserve its historic appearance. The finished product will include a graded hiking trail utilizing the existing driveway, seating, educational kiosks, fall protection, and an observation platform and shade structure that resembles the look of the existing Hilltop House. To accomplish this task, staff have initiated requests for proposals and are in the process of conducting interviews for design work. The proposals have all but said the project cannot be adequately and accurately bid until the condemned structure is removed.

It is with this in mind that staff is requesting direction to either proceed with demolition now or provide direction to wait on demolition until such time the complete project can be realized and planned to include demolition. If the demolition is approved, staff believes this would also ultimately and temporarily result in a safer community, including a hiking trail that leads to a vista point with picturesque views of our Apple Valley.

FISCAL IMPACT
Estimated $150,000 to $200,000; using allocated CDBG funding.

ATTACHMENTS
Photographs of structure, depicting current state.

Town Council Agenda Report
Date: March 8, 2022
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION

From: Douglas Robertson, Town Manager
Submitted by: Douglas Robertson, Town Manager
Town Manager
Budgeted Item: Yes No N/A
A. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.

B. Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one or more potential cases.

C. Conference with Real Property Negotiators – Pursuant to Government Code.

Section 54956.8. Property: Apple Valley Ranchos Water Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); Authority Negotiator: Town Manager; Negotiating Parties: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation: Price and Terms of Payment.

D. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.:

CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.