APPLE VALLEY TOWN COUNCIL
AGENDA
Tuesday, November 15, 2022, 6:30 p.m.
Council Chamber
ADJOURNED MEETING OF NOVEMBER 8, 2022
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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 Fergeson - Calvery Chaple
2.2. Pledge of Allegiance
2.3. Presentations
2.3.1. Burrtec Presentation of Award Winners - Burrtec Representative
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 - December 13, 2022 - Council Chambers Regular Session at 6:30 p.m.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1-6.8 as recommended.
6.1. APPROVAL OF MINUTES 8
That the Town Council approve the subject minutes as part of the consent agenda.
6.2. OCTOBER 2022 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
15 That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3. OCTOBER 2022 PAYROLL/BENEFITS WARRANTS SCHEDULE 31 That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
6.4. QUARTERLY TREASURER'S REPORT – JULY – SEPTEMBER 2022 33 That Town Council receive and file the July-September 2022 Quarterly Treasurer’s Report.
6.5. APPROVE PURCHASE OF ROVVER X CCTV LONG RANGE MAIN
LINE INSPECTION SYSTEM
43 Approve purchase of a Rovver X CCTV Long Range Main Line Inspection System from HAAKER Equipment Company in the amount of $173,022.27.
6.6. AWARD A PROFESSIONAL SERVICES AGREEMENT FOR THE
APPLE VALLEY STATE ROUTE 18 CORRIDOR ENHANCEMENT
PLAN PHASE II
63 Award a Professional Services Agreement to KOA Corporation for the Apple Valley State Route 18 Corridor Enhancement Plan Phase II subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
6.7. ACCEPTANCE OF WORK FOR THE HILLTOP HOUSE DEMOLITION
PROJECT
81 Accept the work completed by LCR Earthwork & Engineering, Corp. for the Hilltop House Demolition Project for a total contract cost of $152,250.00
A.
Direct the Town Clerk to file the Notice of Completion for the contract work.
B.
Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
C.
6.8. ACCEPTANCE OF WORK FOR THE MICROSURFACE 2022 PROJECT 85 Accept the work completed by VSS International as part of the Microsurface 2022 project for a total contract cost of
$320,120.00.
A.
Direct the Town Clerk to file the Notice of Completion for the contract work.
B.
Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
C.
7. Public Hearings
7.1. AN ORDINANCE OF THE TOWN COUNCIL OF THE OF THE TOWN OF APPLE VALLEY, CALIFORNIA, AMENDING TITLE 8 OF THE
TOWN OF APPLE VALLEY MUNICIPAL CODE BY AMENDING
CHAPTERS
90 8.10, 8.12, 8.13, 8.15, 8.16, 8.18, 8.21, AND 8.22, ADOPTING AS MODIFIED THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE VOLUMS 1, 2 INCLUDING THE APPENDIX AND STANDARDS, THE
2022 EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2022 EDITION OF THE CALIFORNIA PLUMBING CODE, THE 2022 EDITION OF THE CALIFORNIA MECHANICAL CODE, THE 2022 EDITION OF
THE CALIFORNIA GREEN BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE, THE 2022 EDITION
CALIFORNIA ENERGY CODE AND ADOPTING OTHER
REGULATIONS RELATING TO BUILDING REQUIREMENTS.
A. Move to open the Public Hearing and accept public Testimony.
Move to waive reading of Ordinance 558 in its entirety and read by Title only.
B.
Move to adopt Ordinance 558, An Ordinance of the Town
Council of the Town of Apple Valley, California, amending Title 8 of the Town of Apple Valley Municipal Code.
C.
8. Business of the Council
8.1. PRESENTATION OF THE LOCAL ROAD SAFETY PLAN (LRSP) 111 It is recommended that the Town Council receive and file the Local Roadway Safety Plan (LRSP).
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 189
Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9:
(1) Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.; and (2) Town of Apple Valley vs. Apple Valley Ranchos Water Company, et al., Court of Appeal Case No.
E078348.
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.
CAL CITIES/DESERT MOUNTAIN DIVISION (DMD)
Council Member Nassif- Voting Delegate
Mayor Pro Tem Bishop – Alternate
Meets as needed, 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 COUNTY TRANSPORTATION
AUTHORITY (SBCTA)
Mayor Pro Tem Bishop - Board Member
Council Member Cusack – Alternate
Meets 2nd Wednesday of each month at 9:00 a.m.,
I10/I15 Corridor meets 2nd Thursday 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
GREATER HIGH DESERT CHAMBERS
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: November 8, 2022
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES
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
That the Town Council approve the subject minutes as part of the consent agenda.
SUMMARY:
A. Regular Meeting October 25, 2022
1 Apple Valley Town Council
MINUTES
October 25, 2022, 6:30 p.m.
Council Chamber
Members Present: Mayor Kari Leon
Mayor Pro Tem Art Bishop
Council Member Larry Cusack
Council Member Curt Emick
Council Member Scott 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 Green - Way of the Cross.
2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Nassif.
2.3 Presentations
2.3.1 Happy Trails Parade Awards Ceremony - PBID Representative.
2.3.2 The Dangers of Fentanyl - Council Member Curt Emick
3. Public Comments
Donald Hinto, Apple Valley, expressed concern about a broken water line and gate at the dog park. He also spoke of a foul smell in that area and asked that this area be inspected and repaired.
Juan Figueroa, Social Worker, Calstro Hospice, stated that his organization has partnered with Boy Scout Troop 357 to conduct a flag ceremony in which a flag will be retired. He invited the Town Council to attend the event.
2 4. Councilmember Committee/Commission/Community Participation 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 Cusack commented on committee meetings and events that he attended.
Council Member Emick 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
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - November 8, 2022 - Council Chambers Regular Session at 6:30 p.m. The Town Clerk also noted that this meeting may be adjourned to Tuesday, November 15, 2022, due to the General Municipal Election to be held on November 8.
6. Town Council Consent Agenda
Richard Pedersen, Deputy Town Engineer, presented a brief report on agenda item number 6.2 explaining how speed surveys are conducted and how the determination is made to set the limits so that they can be enforced by law.
Council Member Cusack announced that he had a potential conflict of interest on Agenda Item Number 6.3 as a property owner in that area and therefore would abstain from voting on this item.
Council Member Nassif that he had a potential conflict of interest on Agenda Item Number 6.3 as a property owner in that area and therefore would abstain from voting on this item.
3 Motion by: Council Member Emick
Seconded by: Mayor Pro Tem Bishop
To approve the Consent Calendar items numbered 6.1, 6.2, 6.3, 6.4, 6.5, 6.6- and 6.8 as recommended.
Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop and Mayor Leon.
*Council Member Cusack and Nassif abstained from voting on Agenda Item Number 6.3 as noted.
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 ADOPTION OF ORDINANCE NO. 559” AN ORDINANCE OF THE
TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
AMENDING CHAPTER 12.20., ENTITLED “SPECIAL SPEED LIMITS” OF TITLE 12 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE” Move to adopt Ordinance No. 559, An Ordinance of the Town Council of the Town of Apple Valley, California, amending Chapter 12.20., entitled “special speed limits” of Title 12 of the Town of Apple Valley Municipal Code.”
6.3 ADOPTION OF ORDINANCE 560 OF THE TOWN OF APPLE VALLEY, CALIFORNIA, ADOPTING ZONE CHANGE NO. 2021-001 AND
SPECIFIC PLAN NO. 2021-001 FOR THE VILLAGE SPECIFIC PLAN Adopt Ordinance No. 560.
6.4 CONSENT TO AWARD THE MUNI ROAD DRIVEWAY AND BOX
CULVERT PROJECT
Award a contract to Jergensen Construction, inc. for the Muni Road Driveway and Box Culvert Project subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager;
4 6.5 RELEASE OF SECURITIES FOR PARCEL MAP 19705
That the Town Council find that the construction of various improvements required for Parcel Map 19705 are complete and approve the 50% reduction of the performance securities and release of the labor and materials security.
6.6 ADOPT RESOLUTION NO. 2022-41, A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
APPROVING THE APPLE VALLEY CHOICE ENERGY 2022
INTERGRATED RESOURCE PLAN.
Staff recommends that the Town Council adopt Resolution No. 2022-41, approving the Apple Valley Choice Energy 2022 Integrated Resource Plan.
6.8 TO ADJOURN THE TOWN COUNCIL MEETING SCHEDULED FOR
NOVEMBER 8, 2022, TO AN ADJOURNED REGULAR MEETING TO
BE HELD ON NOVEMBER 15, 2022
To approve adjourning the Town Council Meeting scheduled for Tuesday, November 8, 2022, to an adjourned regular meeting to be held on November 15, 2022.
6.7 RATIFICATION OF A FEE WAIVER FOR NO DRUGS AMERICA
For good cause shown, and finding a waiver will serve a public purpose, approve the ratification waiving the Park Rental Fees of $1,026.00.
Council Member Emick stated that he had a potential conflict of interest on Agenda Item Number 6.7 as a board member for No Drugs America; therefore, would abstain from voting on this item.
Motion by: Council Member Nassif
Seconded by: Mayor Pro Tem Bishop
To approve the Consent Calendar item number 6.7 as recommended.
Yes (4): Council Member Cusack, Council Member Nassif, Mayor Pro Tem Bishop and Mayor Leon. Abstain (1): Council Member Emick.
Carried (4 to 1)
5 7. Public Hearings
7.1 SUBSTANTIAL AMENDMENT TO THE 2021-2022 ACTION PLAN TO
ALLOCATE HOME-ARP FUNDS
It is recommended that the Town Council:
A. Conduct a public hearing and upon accepting public testimony; B. Approve a Substantial Amendment to the 2021-2022 Annual Action Plan to support the Apple Valley-Victorville HOME Consortium by allocating HOME-ARP funds; and
C. Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plan, and any additional amendments, to assure the Town’s timely expenditure of the Consortium’s HOME-ARP funds.
Mayor Leon opened the public hearing at 7:43 p.m.
Silvia Urenda, Housing Manager, presented the staff report as filed with the Town Clerk.
There being no requests to speak, Mayor Leon closed the public hearing at 7:46 p.m.
Motion by: Mayor Pro Tem Bishop
Seconded by: Council Member Nassif
A. Approve a Substantial Amendment to the 2021-2022 Annual Action Plan to support the Apple Valley-Victorville HOME Consortium by allocating HOMEARP funds; and
B. Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plan, and any additional amendments, to assure the Town’s timely expenditure of the Consortium’s HOME-ARP funds
8. Business of the Council
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
Orlando Acevedo, Assistant Town Manager, provided an update of current events, upcoming events and activities in the Town of Apple Valley.
6 11. Closed Session
None
12. Adjournment
To adjourn the meeting of the Apple Valley Town Council at 7:52 p.m.
Kari Leon, Mayor La Vonda M-Pearson, Town Clerk
Town Council Agenda Report
Date: November 8, 2022
To: Honorable Mayor and Town Council
Subject: OCTOBER 2022 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
From: Douglas Robertson, Town Manager
Submitted by: Sydnie Harris, Director of Finance
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
BACKGROUND
Pursuant to the Town’s Municipal Code the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to Town policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.
SUMMARY
Commercial warrants were issued from October 1 through October 31, 2022 in the amount of $5,029,496.30 covering issued warrant #’s 155956 – 156419. Also, wire transfers were made from October 1 through October 31, 2022 in the amount of $0.
The claims and/or demands covered by the attached list of warrants and wire transfers were audited as to the accuracy and availability of funds for payment thereof and said claims and/or demands are accurate and the funds were available for payment thereof.
FISCAL IMPACT
464 Commercial Warrants were issued in the amount of $5,029,496.30 0 Wire Transfer payments were issued in the amount of $0
ATTACHMENTS
A. October Commerical Warrants
Check # Date Vendor Description Check Total
155956 10/04/2022 DEBRI REFUND DEBRI REFUND 503.43
155957 10/05/2022 022400 KYLE ADCOCK CLASS B LICENSE 85.00 155958 10/05/2022 013987 JOHN ALLISON DISBURSEMENT #2 NUMERICAL FORM DID NOT
100.00
155959 10/05/2022 021342 AMAZON CAPITAL SERVICES OFFICE SUPPLIES - HR 368.78 155960 10/05/2022 001864 APPLE VALLEY TIRE FLAT REPAIR FOR TRUCK 77 1,284.38 155961 10/05/2022 006701 AUTOMATED GATE SERVICES EXIT GATE REPAIR 882.00 155962 10/05/2022 000150 AVCOM SERVICES INC. ANSWERING SERVICE 797.20 155963 10/05/2022 023051 BANNER BANK ESCROW NO. 2007 11,842.75 155964 10/05/2022 019581 BARCODES LLC SECURITY ACCESS CARDS 1,652.89 155965 10/05/2022 001247 MICHAEL CADY RETIREE HEALTH REIMBURSEMENT 271.88 155966 10/05/2022 022905 CANYON SPRINGS ENTERPRISES JESS RANCH LIFT STATION UPGRADES 225,012.25 155967 10/05/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 155968 10/05/2022 023876 CLUB CADDIE HOLDINGS WEBSITE MAINTENANCE - AUG 1,500.00 155969 10/05/2022 000087 COUNTY OF SAN BERNARDINO RECORDING FEE 2022-0325960 160.00 155970 10/05/2022 001216 COUNTY OF SAN BERNARDINO- ISD DEPARTMENT RADIOS 2,773.38 155971 10/05/2022 000330 DENNIS CRON RETIREE HEALTH REIMBURSEMENT 394.90 155972 10/05/2022 022495 PAMELA CUPP RETIREE HEALTH REIMBURSEMENT 961.70 155973 10/05/2022 002842 DOKKEN ENGINEERING BVR BRIDGE CONDITION ANALYSIS 44,064.72 155974 10/05/2022 020426 DR. JAIME VELASCO VET SERVICES 1,800.00 155975 10/05/2022 009345 FEED MY SHEEP CHECK REQUEST FOR FEED MY SHEEP 2,832.58 155976 10/05/2022 020890 FINANCIAL CREDIT NETWORK INC JUNE COLLECTION SERVICES 84.14 155977 10/05/2022 000423 FLO-SERVICES, INC TEARDOWN AND EVALUATE MOTOR, CLEAN PARTS AND INSPECT AT LIFT STATION 3A-1
3,510.00
155978 10/05/2022 015305 FOREMOST INSURANCE MOBILE HOME INSURANCE COVERAGE ~ 134.50 155979 10/05/2022 000679 G.A. OSBORNE PIPE & SUPPLY WW VEHICLE MAINTENANCE 175.73 155980 10/05/2022 000488 HIGH DESERT LASER GRAPHICS NAME PLATES 356.26 155981 10/05/2022 000501 HITT PLUMBING CO., INC. BACKFLOW TESTING AT 15360 WABISI ROAD (L-26)
75.00 155982 10/05/2022 021301 JASON CHAIDEZ LANDSCAPE MAINTENANCE CONTRACT PW2021-01
5,000.61
Town of Apple Valley
Commercial Warrants
Month of September 2022
155983 10/05/2022 006565 KONICA MINOLTA BUSINESS C4080 USAGE 226.76 155984 10/05/2022 022403 LORI LAMSON RETIREE HEALTH REIMBURSEMENT 910.63 155985 10/05/2022 024365 LCR EARTHWORK & ENGINEERING HILLTOP HOUSE DEMOLITION 72,318.75 155986 10/05/2022 020577 LEE & RO, INC. JESS RANCH LIFT STATION FEASIBILITY AND
DESIGN PROJECT
11,567.65
155987 10/05/2022 005351 LOWE'S (LAR) SUPPLIES 317.50
155988 10/05/2022 SEWER PERMIT REFUND SEWER PERMIT REFUND 7,374.28 155989 10/05/2022 022594 KARA MARIANA DOT PHYSICAL FOR CLASS B LICENSE 40.00 155990 10/05/2022 001708 KENNETH MARTIN RETIREE HEALTH REIMBURSEMENT 231.68 155991 10/05/2022 002622 TOM MCKEON RETIREE HEALTH REIMBURSEMENT 298.06 155992 10/05/2022 020574 CAROL MILLER RETIREE HEALTH REIMBUREMENT 508.17 155993 10/05/2022 001499 LANCE MILLER RETIREE HEALTH REIMBURSEMENT 237.92 155994 10/05/2022 007007 MICHAEL MOLINARI RETIREE HEALTH REIMBURSEMENT 521.35 155995 10/05/2022 002368 MWI ANIMAL HEALTH MEDS 3,532.06 155996 10/05/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 155997 10/05/2022 018805 NEXXSOL CORPORATION ADOBE ENTERPRISE LICENSING 275.00 155998 10/05/2022 023410 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES - DSB WORK CENTER 16.46 155999 10/05/2022 008206 O'REILLY AUTO PARTS WIPER BLADES 348.02 156000 10/05/2022 004030 PETHEALTH SERVICES INC. MICROCHIPS 553.11 156001 10/05/2022 008771 PRUDENTIAL OVERALL SUPPLY UNIFORMS S/WW SPLIT 67.70 156002 10/05/2022 000770 S.B. CO. ASSESSOR-RECORDER RELEASE OF LIENS 100.00 156003 10/05/2022 022048 DAWN SIMMONS RETIREE HEALTH REIMBURSEMENT 502.94 156004 10/05/2022 000814 KEVIN SMITH RETIREE HEALTH REIMBURSEMENT 331.37 156005 10/05/2022 022267 DIANNE SULZBERGER RETIREE HEALTH REIMBURSEMENT 474.28 156006 10/05/2022 018390 SUMMIT SAFETY LLC 2 HARD HATS 1 JACKET 167.54 156007 10/05/2022 018247 TIGHTROPE MEDIA SYSTEMS, INC. HARDWARE RENEWAL INVOICE 7,006.58 156008 10/05/2022 000876 TYPE-SET-GO PET FAIR 1,660.43
156009 10/05/2022 000884 UNDERGROUND SERVICE ALERT- DIG TICKETS 370.50 156010 10/05/2022 024457 US PATRIOT ARMORY INC US PATRIOT ARMORY EMERGENCY BUSINESS 50,000.00 156011 10/05/2022 000893 V.V.W.R.A. FINAL SEWER PERMITS - SEPTEMBER 2022 14,972.80 156012 10/05/2022 000166 VALLEYWIDE NEWSPAPERS LLC PUBLICATION 402.50 156013 10/05/2022 024448 WHC HOLDINGS LLC WILD HAIR COMPANY EMERGENCY BUSINESS 9,510.86 156014 10/05/2022 019134 DARRYL WRIGHT RETIREE HEALTH REIMBURSEMENT 658.16 156015 10/05/2022 008970 XYLEM WATER SOLUTIONS USA INC EMERGENCY BYPASS PUMP FOR SEWER LIFT
STATIONS
58,389.98
156016 10/05/2022 001154 YUNEX TRAFFIC AUGUST MAINTENANCE 7,283.50 156017 10/05/2022 007796 360 FREESTYLE GYMNASTICS SEPTEMBER GYMNASTICS 208.60 156018 10/05/2022 008201 ABF PRINTS, INC. AVCE POST CARD 7,054.20
156019 10/05/2022 007948 ADVANTAGE COLORGRAPHICS BROCHURES 9,141.17 156020 10/05/2022 000102 ALBERTSONS LLC SUPPLIES 25.87
156021 10/05/2022 002980 ALL GOOD DRIVING SCHOOL, INC. SEPTEMBER DRIVERS ED 106.40 156022 10/05/2022 021342 AMAZON CAPITAL SERVICES HOTWHEELS RACEWAY 166.97 156023 10/05/2022 RENTAL REFUND RENTAL REFUND 139.75
156024 10/05/2022 003378 MARY ANNE CARROLL SEPTEMBER YOGA 282.00 156025 10/05/2022 000088 CHARLES ABBOTT ASSOCIATES AUGUST ENGINEERING 132,583.50 156026 10/05/2022 024467 GARY A. CHILDRESS REIMBURSEMENT FOR GOLF SUPPLIES 81.76 156027 10/05/2022 000087 COUNTY OF SAN BERNARDINO TRASH LIEN 40.00 156028 10/05/2022 000538 DEPT. OF THE TREASURY DECEMBER 31 2021- 941 392.87 156029 10/05/2022 000387 EDISON COMPANY 8/22/22-9/20/22 10,542.27 156030 10/05/2022 024468 DEBRA ESQUIBEL SEPTEMBER YOUTH FITNESS TRAININIG 67.20 156031 10/05/2022 016129 E-Z-GO A TEXTRON COMPANY FLEET ELEC 4,848.75 156032 10/05/2022 004734 FAUST MEDIA SERVICES STICKERS 526.90 156033 10/05/2022 000407 FEDEX SHIPPING 207.51
156034 10/05/2022 014861 FIREMAN ROCK & NURSERY INC CHRISTIAN GOLD 2,734.50 156035 10/05/2022 008559 FUN EXPRESS SUPPLIES 432.13
156036 10/05/2022 000679 G.A. OSBORNE PIPE & SUPPLY PARTS 2,063.38 156037 10/05/2022 000822 GOLDEN STATE WATER COMPANY 8/24/22-9/26/22 5,496.77 156038 10/05/2022 023175 HOME DEPOT CREDIT SEVICES PARTS 30.04 156039 10/05/2022 000168 LIBERTY UTILITIES LATE FEE PAID IN PROTEST 24,416.01 156040 10/05/2022 018791 MARTINEZ + OKAMOTO ARCHITECTS BUILDING ACCESSIBILITY 11,648.25 156041 10/05/2022 000634 BILL MOCHARNUK SEPTEMBER TENNIS 194.82 156042 10/05/2022 018836 MARIA MURO SEPTEMBER AQUA ZUMBA 963.64 156043 10/05/2022 008742 MUSICSTAR/CREATIVE BRAIN SEPTEMBER CREATIVE BRAIN 190.40 156044 10/05/2022 010385 MELANIE MYERS SEPTEMBER ACTING 987.00 156045 10/05/2022 007673 MYONLINEBILL.COM SEPTEMBER ONLINE CC SERVICES 6,747.84 156046 10/05/2022 000654 NAPA PARTS 172.33
156047 10/05/2022 023410 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 582.01 156048 10/05/2022 008771 PRUDENTIAL OVERALL SUPPLY MATS 249.99 156049 10/05/2022 021425 HAILEY RICHLING SEPTEMBER TAP & BALLET 957.00 156050 10/05/2022 001309 STOTZ EQUIPMENT PARTS 397.21
156051 10/05/2022 001475 SHARI TAYLOR SEPTEMBER BATON 52.80 156052 10/05/2022 024456 TURF EQUIPMENT SOURCE LLC SAND PRO & REELMASTER 60,900.00 156053 10/05/2022 002855 U.S. BANK CORP. PMT SYSTEM SEPTEMBER CAL CARD PURCHASES 55,427.06 156054 10/05/2022 001758 UNITED SITE SERVICES INC. WEEKLY SERVICE 150.86 156055 10/05/2022 000890 CHRIS URMSTON SEPTEMBER TAI CHI 146.40 156056 10/05/2022 010504 VALLEY SCREENING & GRAPHICS SHIRTS 530.13 156057 10/05/2022 016981 JONATHON VASQUEZ SEPTEMBER GRACIE JIU JITSU 67.90
156058 10/05/2022 000909 VOYAGER SEPTEMBER FUEL 17,619.80 156059 10/05/2022 000923 WAXIE SANITARY SUPPLY SUPPLIES 1,795.74 156060 10/12/2022 001377 A & B HITCHES AND MUFFLERS CODE TRAILER REPAIR 603.95 156061 10/12/2022 024470 NATHAN AGUIRRE CONTRUCTION DEBRIS RECYCLING DEPOSIT REFUND
502.66
156062 10/12/2022 021342 AMAZON CAPITAL SERVICES CARD READER 174.89 156063 10/12/2022 001864 APPLE VALLEY TIRE ALIGNMENT FOR TRUCK 83 120.88 156064 10/12/2022 017802 PORFIRIO ARGUIJO CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 89576
502.81
156065 10/12/2022 021734 AVILEZ CONSTRUCTION CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT #89601
502.80
156066 10/12/2022 024480 TATEVIK BABAYAN CONTRUCTION DEBRIS RECYCLING DEPOSIT REFUND
502.15
156067 10/12/2022 024374 CHAD BAESHENS CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 91532
502.42
156068 10/12/2022 000192 BATTERY MART BATTERY 72.89
156069 10/12/2022 000193 RICHARD BATTISTA GRAFFITI REMOVAL FIRST HALF OCTOBER 1,452.00 156070 10/12/2022 002298 BEAR VALLEY ANIMAL HOSPITAL TNR VOUCHERS 2,784.95 156071 10/12/2022 000197 BEAR VALLEY PARTY RENTALS PET FAIR 2,336.41 156072 10/12/2022 003649 BECK OIL INC. CARDLOCK 418.87
156073 10/12/2022 011576 BOHNSTEDT CONSTRUCTION CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 92702
502.23
156074 10/12/2022 022927 CAPELLA DEVELOPMENT LLC CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 92897
502.00
156075 10/12/2022 000914 CAPITAL ONE SPECIAL DEPT SUPPLIES 498.53 156076 10/12/2022 000285 CED TOOLS 1,551.03
156077 10/12/2022 019026 JIM CHAPDELAINE CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 91606
502.40
156078 10/12/2022 002815 CHARTER COMMUNICATIONS MONTHLY BILL - AUG/SEPT 12,439.15 156079 10/12/2022 008693 COMMERCIAL AQUATIC SERVICES CARBON DIOXIDE 784.93 156080 10/12/2022 024472 COOLSYS CONTRUCTION DEBRIS RECYCLING DEPOSIT REFUND
502.18
156081 10/12/2022 000087 COUNTY OF SAN BERNARDINO DOCUMENT# 2022-0202202 743.00 156082 10/12/2022 013675 CREATING BRAND LEGACY MEDALS 1,211.99 156083 10/12/2022 012246 D & G FLOORING, INC. FLOORING 3,627.13 156084 10/12/2022 018413 DCM DESIGNS INC. CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT #92776
2,009.32
156085 10/12/2022 001628 DELL MARKETING L.P. DELL LAPTOP 7,986.91 156086 10/12/2022 021738 DMK HOMES CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 90837
502.49
156087 10/12/2022 010681 DRUCKENMILLER ROOFING SKYLIGHTS 3,750.00 156088 10/12/2022 024473 BRIAN ESTRADA CONTRUCTION DEBRIS RECYCLING DEPOSIT REFUND
502.42
156089 10/12/2022 010457 EVERGREEN HOMES, LLC CONTRUCTION DEBRIS RECYCLING DEPOSIT REFUND
502.56
156090 10/12/2022 022254 EVERGREEN HOMES, LLC CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 89440
502.85
156091 10/12/2022 014861 FIREMAN ROCK & NURSERY INC ROCK MATERIAL 5,539.90 156092 10/12/2022 000897 FRONTIER COMMUNICATIONS MONTHLY BILL SEPT 2,554.37 156093 10/12/2022 000679 G.A. OSBORNE PIPE & SUPPLY MISC WW ITEMS 902.20 156094 10/12/2022 024474 GUADALUPE FLORES GARCIA CONTRUCTION DEBRIS RECYCLING DEPOSIT REFUND
502.74
156095 10/12/2022 024471 JULIA GARCIA CONTRUCTION DEBRIS RECYCLING DEPOSIT REFUND
502.87
156096 10/12/2022 015364 GARY MOORE CONSTRUCTION CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 91783
1,507.48
156097 10/12/2022 018724 KAREN GONZALEZ PARKS AND RECREATION BOOK (FALL) 2,000.00 156098 10/12/2022 001558 HAAKER EQUIPMENT CO RAMBO 6,058.40 156099 10/12/2022 018653 HASA INC. CARBON DIOXIDE 779.21 156100 10/12/2022 023175 HOME DEPOT CREDIT SEVICES TROWELS FOR TRUCKS 2,836.21 156101 10/12/2022 023335 HOME DEPOT CREDIT SEVICES VEHICLE MAINTENANCE STREETS 561.52 156102 10/12/2022 002580 J.R. ELECTRIC CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 2022-579
501.97
156103 10/12/2022 021301 JASON CHAIDEZ LANDSCAPE MAINTENANCE CONTRACT PW2021-01
17,754.18
156104 10/12/2022 020279 JOHNSON CONTROLS YORK CH#1, M#YLAA0070SE, S#2NVW004910 32,705.98 156105 10/12/2022 007034 KONICA MINOLTA FLEET CHARGES - SEPT 6,051.88 156106 10/12/2022 022531 JARED LANYON CONTRUCTION DEBRIS RECYCLING DEPOSIT REFUND
502.95
156107 10/12/2022 021113 LAWSON PRODUCTS, INC. FACILIITIES SPILL KITS 1,281.21 156108 10/12/2022 020577 LEE & RO, INC. JESS RANCH LIFT STATION FEASIBILITY AND
DESIGN PROJECT
28,754.63
156109 10/12/2022 005351 LOWE'S (LAR) DRYWALL 722.21
156110 10/12/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 156111 10/12/2022 023443 MARK ALEXANDER HOMES CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 2022-578
1,506.49
156112 10/12/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 156113 10/12/2022 015206 MDG ASSOCIATES INC HILLTOP HOUSE DEMOLITION 948.13 156114 10/12/2022 002572 MESQUIT'S SUPPLY, LLC VACUUM MAGNET 12.78
156115 10/12/2022 016065 MICHAEL BAKER INTERNATIONAL YUCCA LOMA ES SRTS 17,725.00 156116 10/12/2022 016699 MISAC CONFERENCE REGISTRATION - OCT 2022 675.00 156117 10/12/2022 006275 MOJAVE DESERT & MOUNTAIN QUARTER ENDING DECEMBER 2022 18,083.00 156118 10/12/2022 024475 ROBIN MOORE CONTRUCTION DEBRIS RECYCLING DEPOSIT REFUND
506.17
156119 10/12/2022 014190 MORMAR DEVELOPMENT INC CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 91759
502.39
156120 10/12/2022 018836 MARIA MURO MARIA MURO INSTRUCTOR OF ZUMBA 58.50 156121 10/12/2022 000654 NAPA WIPER BLADES CODE TRUCK 38.34 156122 10/12/2022 008206 O'REILLY AUTO PARTS BRAKE ROTOR 211.64 156123 10/12/2022 018516 ORITZ CONSTRUCTION LLC CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 018516
502.45
156124 10/12/2022 001623 PARKHOUSE TIRE, INC 4 TIRES FOR POTHOLE TRUCK 1,411.58 156125 10/12/2022 008771 PRUDENTIAL OVERALL SUPPLY GOLF TOWELS 443.38 156126 10/12/2022 020208 PSM CONSTRUCTION CONTRUCTION DEBRIS RECYCLING DEPOSIT REFUND
502.61
156127 10/12/2022 004941 REID PRODUCTS INC. CONTRUCTION DEBRIS RECYCLING DEPOSIT REFUND
506.02
156128 10/12/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 156129 10/12/2022 011479 ROW TRAFFIC SAFETY, INC SIGNS 2,810.45 156130 10/12/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 156131 10/12/2022 024500 ARMANDO SAMANO ARMANDO SAMANO SECURITY DEPOSIT
BALANCE RTN
125.00
156132 10/12/2022 001832 SAN BERNARDINO COUNTY CHOCO CLEAN UP 1,261.67 156133 10/12/2022 000809 SMART & FINAL FOOD FOR ADVENTURES IN PEEWEE 846.71 156134 10/12/2022 007717 SPLATTERED INK, LLC ASO UNIFORMS 112.00 156135 10/12/2022 018390 SUMMIT SAFETY LLC GLOVES 1,255.42 156136 10/12/2022 001332 TERRA NOVA PLANNING &
RESEARCH
PREPARED REVISIONS TO ADOPTED
ELEMENT,
8,551.91
156137 10/12/2022 000876 TYPE-SET-GO AFTER SCHOOL ACTIVITIES FLYER 1,086.12 156138 10/12/2022 000888 UNITED RENTALS REVERSE TRIATHALON 5,073.19 156139 10/12/2022 000894 VALLEY SECURITY SYSTEMS INC MONITORING 32.00 156140 10/12/2022 003662 DOUGLAS VANCE CONSTRUCTION DEBRIS RECYCLING DEPOSIT PERMIT # 92068
502.35
156141 10/12/2022 001278 VULCAN MATERIALS COLD MIX 862.66 156142 10/12/2022 000923 WAXIE SANITARY SUPPLY WAXIE CLEAN TOUCH MANUAL 2,926.04 156143 10/12/2022 004398 WESCO MICROSCOPE 154.00
156144 10/12/2022 021348 WINSUPPLY CCP BATHROOM VANDALISM 541.95 156145 10/13/2022 013521 APPLE VALLEY CAR WASH AUGUST CAR WASHES 84.95 156146 10/13/2022 000387 EDISON COMPANY 9/6/22-10/4/22 1,675.41
156147 10/13/2022 000407 FEDEX SHIPPING 117.75
156148 10/13/2022 004935 HDL SOFTWARE LLC AUGUST SERVICES 271.14 156149 10/13/2022 000168 LIBERTY UTILITIES 8/1/22-10/3/22 1,002.64 156150 10/13/2022 009276 PARS AUGUST SERVICES 468.66
156151 10/13/2022 000825 SOUTHWEST GAS CORPORATION 9/7/22-10/5/22 2,530.99 156152 10/13/2022 NEM CASH OUT NEM CASH OUT 238.38
156153 10/17/2022 NEM CASH OUT NEM CASH OUT 51.58
156154 10/19/2022 001377 A & B HITCHES AND MUFFLERS TRAILER HITCH TRUCK 100 732.70 156155 10/19/2022 000102 ALBERTSONS LLC DAY CAMP FOOD 51.47 156156 10/19/2022 021342 AMAZON CAPITAL SERVICES RECREATION VINYL STICKER PAPER 497.81 156157 10/19/2022 000140 ANIMAL CARE HOSPITAL SPAY/NEUTER VOUCHER 150.00 156158 10/19/2022 002623 APPLE VALLEY LAWNMOWER GROUNDS MOW CREW 75.39 156159 10/19/2022 001864 APPLE VALLEY TIRE CODE TRAILER REPAIR 258.42 156160 10/19/2022 023179 ARCHITERRA INC HILLTOP HOUSE DESIGN 10,053.10 156161 10/19/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 156162 10/19/2022 002298 BEAR VALLEY ANIMAL HOSPITAL SPAY/NUETER SURGERIES 764.26 156163 10/19/2022 003649 BECK OIL INC. GOLF COURSE GASOLINE 1,825.38 156164 10/19/2022 013164 BOARDTRONICS, INC. GOLF COURSE TIMING MECHANISM 905.04 156165 10/19/2022 022598 BURRTEC WASTE INDUSTRIES, INC TIRE DISPOSAL 2,829.44 156166 10/19/2022 018736 CACEO CLINE ADDITIONAL COURSE AT CONFERENCE 230.00 156167 10/19/2022 000258 CALIFORNIA SECRETARY OF STATE PAYMENT FOR NOTARY PUBLIC EXAM ( 20.00 156168 10/19/2022 000914 CAPITAL ONE ASAP FOOD 180.90
156169 10/19/2022 001347 CERTIFIED CREDIT REPORTING INC 9/30/2022 REFERENCE NUMBER 0246352 162.00 156170 10/19/2022 000088 CHARLES ABBOTT ASSOCIATES RRLP BILLING FOR AUGUST 2022 FOR GENE 102,868.50 156171 10/19/2022 021214 CIVICPLUS, LLC MUNICODE 733.62 156172 10/19/2022 000087 COUNTY OF SAN BERNARDINO DOCUMENT# 2022-0328099 182.00 156173 10/19/2022 000777 COUNTY OF SAN BERNARDINO AUGUST SOLID WASTE 168,692.41 156174 10/19/2022 008781 CULLIGAN BOTTLED WATER GOLF COURSE CULLIGAN WATER RENTAL 124.15 156175 10/19/2022 024524 DANIELS DEEP TINE LLC GOLF COURSE GROUNDS AERATION DEEP
TINE SERVICE
2,250.00
156176 10/19/2022 022280 ENVIROMINE, INC. SMARA COMPLIANCE AND RECLAMATION PLAN
1,231.25
156177 10/19/2022 004734 FAUST MEDIA SERVICES LIS FRATT BUSINESS CARDS 265.50 156178 10/19/2022 014844 FISH WINDOW CLEANING GOLF COURSE WINDOW CLEANING 75.00 156179 10/19/2022 000679 G.A. OSBORNE PIPE & SUPPLY GROUNDS BREWSTER MAINLINE FIX 852.04 156180 10/19/2022 024528 GATEHOUSE MEDIA CALIFORNIA ADVERTISEMENT TRASH INCREASE 256.14 156181 10/19/2022 021810 GREINES, MARTIN, STEIN TOWN OF APPLE VALLEY V. APPLE VALLEY 55,315.50
156182 10/19/2022 023335 HOME DEPOT CREDIT SEVICES GROUNDS TRASH CANS FOR STAFF AND
FENCING REV TRIATHALON
220.64
156183 10/19/2022 000524 INLAND FAIR HOUSING & CDBG FAIR HOUSING SERVICES MONTH OF 2,235.41 156184 10/19/2022 003216 ITERIS INC. 2 RZ4 ADVANCED WDR CAMERAS 2,647.42 156185 10/19/2022 REFUND FOR CCP PAVILION REFUND FOR CCP PAVILION 59.00 156186 10/19/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 156187 10/19/2022 015061 LOS RANCHOS OFFICE SPACE RENT FOR ACQUISITION MOBILE HOME 818.04 156188 10/19/2022 005351 LOWE'S (LAR) GROUNDS REPAIRS ON JAMES WOODY
BATHROOM
347.16
156189 10/19/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 156190 10/19/2022 014121 LYNNPRO REVERSE TRIATHALON 3,607.50 156191 10/19/2022 024464 RICHARD MAPSTEAD PARTIAL REFUND FOR PLUMBING ONLY 49.72 156192 10/19/2022 015206 MDG ASSOCIATES INC LABOR COMPLIANCE SERVICES- MENDEL PARK
8,241.26
156193 10/19/2022 000654 NAPA WIPER BLADES FOR TRUCK #58 20.02 156194 10/19/2022 000710 PRECISION LOCK & SAFE KEYS AND LOCKS 149.18 156195 10/19/2022 008771 PRUDENTIAL OVERALL SUPPLY GOLF COURSE UNIFORMS 207.46 156196 10/19/2022 003182 YVONNE RIVERA MILEAGE 472.30
156197 10/19/2022 000779 SAN BERNARDINO COUNTY OCT 2022 - DEC 2022 HHW 22,338.82 156198 10/19/2022 015313 SILVER VALLEY PROPANE PROPANE FOR PW YARD 15.40 156199 10/19/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 156200 10/19/2022 001309 STOTZ EQUIPMENT GROUNDS CLUTCH/VBELT 660.57 156201 10/19/2022 018390 SUMMIT SAFETY LLC 2 TWO TONE CLASS 3 SWEATSHIRTS 101.91 156202 10/19/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 156203 10/19/2022 001758 UNITED SITE SERVICES INC. DISPOSAL 1,385.75 156204 10/19/2022 000893 V.V.W.R.A. SEPTEMBER 2022 SEWER TREATMENT FEES 271,640.07 156205 10/19/2022 010504 VALLEY SCREENING & GRAPHICS ADVENTURES IN PEE WEE 443.44 156206 10/19/2022 000166 VALLEYWIDE NEWSPAPERS LLC NOTICE OF PUBLIC HEARING CUP NO. 133.00 156207 10/19/2022 001278 VULCAN MATERIALS COLD MIX 428.79 156208 10/19/2022 008775 WEST COAST SAND & GRAVEL, INC GOLF COURSE USGA TOPDRESSING 1,675.08 156209 10/19/2022 001154 YUNEX TRAFFIC SEPTEMBER 2022 MAINTENANCE 5,785.69 156210 10/19/2022 008201 ABF PRINTS, INC. AVCE POSTCARDS 285.60 156211 10/19/2022 000126 AMERICAN COMPUTER SERVICE PROGRAMMING HOURS 13,597.17 156212 10/19/2022 000158 APPLE VALLEY FIRE PROTECTION MEASURE A 139.93 156213 10/19/2022 000182 BURRTEC WASTE INDUSTRIES INC OVERBILL CREDIT 751,104.68 156214 10/19/2022 015315 CALPINE ENERGY SERVICES LP SEPTEMBER SERVICES 215,875.00 156215 10/19/2022 000387 EDISON COMPANY 9/1/22-9/30/22 59,033.52
156216 10/19/2022 000406 FARMER BROTHERS COFFEE COFFEE 350.47 156217 10/19/2022 004734 FAUST MEDIA SERVICES TUCKER BUSINESS CARDS 53.10 156218 10/19/2022 000407 FEDEX SHIPPING 35.54
156219 10/19/2022 000168 LIBERTY UTILITIES 8/9/22-10/10/22 38,745.03 156220 10/19/2022 023410 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 978.19 156221 10/19/2022 005036 QUADIENT FINANCE USA, INC POSTAGE 3,015.00 156222 10/19/2022 000825 SOUTHWEST GAS CORPORATION 9/9/22-10/6/22 412.61 156223 10/20/2022 TRASH REFUND TRASH REFUND 46.42
156224 10/20/2022 TRASH REFUND TRASH REFUND 6.39
156225 10/20/2022 TRASH REFUND TRASH REFUND 146.00
156226 10/20/2022 TRASH REFUND TRASH REFUND 48.22
156227 10/20/2022 TRASH REFUND TRASH REFUND 52.31
156228 10/20/2022 TRASH REFUND TRASH REFUND 74.78
156229 10/20/2022 TRASH REFUND TRASH REFUND 131.75
156230 10/20/2022 TRASH REFUND TRASH REFUND 87.58
156231 10/20/2022 TRASH REFUND TRASH REFUND 119.61
156232 10/20/2022 TRASH REFUND TRASH REFUND 34.09
156233 10/20/2022 TRASH REFUND TRASH REFUND 178.26
156234 10/20/2022 TRASH REFUND TRASH REFUND 49.04
156235 10/20/2022 TRASH REFUND TRASH REFUND 34.09
156236 10/20/2022 TRASH REFUND TRASH REFUND 83.02
156237 10/20/2022 TRASH REFUND TRASH REFUND 6.39
156238 10/20/2022 TRASH REFUND TRASH REFUND 20.00
156239 10/20/2022 TRASH REFUND TRASH REFUND 20.56
156240 10/20/2022 TRASH REFUND TRASH REFUND 72.74
156241 10/20/2022 TRASH REFUND TRASH REFUND 161.61
156242 10/20/2022 TRASH REFUND TRASH REFUND 53.56
156243 10/20/2022 TRASH REFUND TRASH REFUND 71.29
156244 10/20/2022 TRASH REFUND TRASH REFUND 62.09
156245 10/20/2022 TRASH REFUND TRASH REFUND 45.53
156246 10/20/2022 TRASH REFUND TRASH REFUND 52.67
156247 10/20/2022 TRASH REFUND TRASH REFUND 48.16
156248 10/20/2022 TRASH REFUND TRASH REFUND 58.95
156249 10/20/2022 TRASH REFUND TRASH REFUND 22.32
156250 10/20/2022 TRASH REFUND TRASH REFUND 94.42
156251 10/20/2022 TRASH REFUND TRASH REFUND 66.05
156252 10/20/2022 TRASH REFUND TRASH REFUND 55.35
156253 10/20/2022 TRASH REFUND TRASH REFUND 114.62
156254 10/20/2022 TRASH REFUND TRASH REFUND 29.52
156255 10/20/2022 TRASH REFUND TRASH REFUND 38.35
156256 10/20/2022 TRASH REFUND TRASH REFUND 707.97
156257 10/20/2022 TRASH REFUND TRASH REFUND 128.45
156258 10/20/2022 TRASH REFUND TRASH REFUND 68.19
156259 10/20/2022 TRASH REFUND TRASH REFUND 40.52
156260 10/20/2022 TRASH REFUND TRASH REFUND 138.49
156261 10/20/2022 TRASH REFUND TRASH REFUND 51.00
156262 10/20/2022 TRASH REFUND TRASH REFUND 43.74
156263 10/20/2022 TRASH REFUND TRASH REFUND 137.09
156264 10/20/2022 TRASH REFUND TRASH REFUND 41.06
156265 10/20/2022 TRASH REFUND TRASH REFUND 98.01
156266 10/20/2022 TRASH REFUND TRASH REFUND 157.10
156267 10/20/2022 TRASH REFUND TRASH REFUND 73.00
156268 10/20/2022 TRASH REFUND TRASH REFUND 69.23
156269 10/20/2022 TRASH REFUND TRASH REFUND 63.92
156270 10/20/2022 TRASH REFUND TRASH REFUND 78.41
156271 10/20/2022 TRASH REFUND TRASH REFUND 25.88
156272 10/20/2022 TRASH REFUND TRASH REFUND 46.42
156273 10/20/2022 TRASH REFUND TRASH REFUND 17.26
156274 10/20/2022 TRASH REFUND TRASH REFUND 43.74
156275 10/20/2022 TRASH REFUND TRASH REFUND 96.51
156276 10/20/2022 TRASH REFUND TRASH REFUND 44.26
156277 10/20/2022 TRASH REFUND TRASH REFUND 184.36
156278 10/20/2022 TRASH REFUND TRASH REFUND 49.83
156279 10/20/2022 TRASH REFUND TRASH REFUND 30.50
156280 10/20/2022 TRASH REFUND TRASH REFUND 50.59
156281 10/20/2022 TRASH REFUND TRASH REFUND 26.67
156282 10/20/2022 TRASH REFUND TRASH REFUND 53.56
156283 10/20/2022 TRASH REFUND TRASH REFUND 53.56
156284 10/20/2022 TRASH REFUND TRASH REFUND 13.51
156285 10/20/2022 TRASH REFUND TRASH REFUND 202.79
156286 10/20/2022 TRASH REFUND TRASH REFUND 16.68
156287 10/20/2022 TRASH REFUND TRASH REFUND 11.50
156288 10/20/2022 TRASH REFUND TRASH REFUND 20.61
156289 10/20/2022 TRASH REFUND TRASH REFUND 29.75
156290 10/20/2022 TRASH REFUND TRASH REFUND 74.57
156291 10/20/2022 TRASH REFUND TRASH REFUND 131.59
156292 10/20/2022 TRASH REFUND TRASH REFUND 43.33
156293 10/20/2022 TRASH REFUND TRASH REFUND 31.24
156294 10/20/2022 TRASH REFUND TRASH REFUND 127.42
156295 10/20/2022 TRASH REFUND TRASH REFUND 17.78
156296 10/20/2022 TRASH REFUND TRASH REFUND 62.96
156297 10/20/2022 TRASH REFUND TRASH REFUND 69.79
156298 10/20/2022 TRASH REFUND TRASH REFUND 43.74
156299 10/20/2022 TRASH REFUND TRASH REFUND 120.87
156300 10/20/2022 TRASH REFUND TRASH REFUND 10.79
156301 10/20/2022 TRASH REFUND TRASH REFUND 108.70
156302 10/20/2022 TRASH REFUND TRASH REFUND 58.56
156303 10/20/2022 TRASH REFUND TRASH REFUND 35.70
156304 10/20/2022 TRASH REFUND TRASH REFUND 16.07
156305 10/20/2022 TRASH REFUND TRASH REFUND 146.24
156306 10/20/2022 TRASH REFUND TRASH REFUND 22.53
156307 10/24/2022 TRASH REFUND TRASH REFUND 27.96
156308 10/24/2022 TRASH REFUND TRASH REFUND 59.45
156309 10/24/2022 TRASH REFUND TRASH REFUND 19.23
156310 10/24/2022 TRASH REFUND TRASH REFUND 32.64
156311 10/24/2022 TRASH REFUND TRASH REFUND 79.21
156312 10/24/2022 TRASH REFUND TRASH REFUND 55.00
156313 10/24/2022 TRASH REFUND TRASH REFUND 84.26
156314 10/24/2022 TRASH REFUND TRASH REFUND 14.76
156315 10/24/2022 TRASH REFUND TRASH REFUND 62.98
156316 10/24/2022 TRASH REFUND TRASH REFUND 863.69
156317 10/24/2022 TRASH REFUND TRASH REFUND 210.95
156318 10/24/2022 TRASH REFUND TRASH REFUND 85.70
156319 10/24/2022 TRASH REFUND TRASH REFUND 20.36
156320 10/24/2022 TRASH REFUND TRASH REFUND 194.88
156321 10/24/2022 TRASH REFUND TRASH REFUND 10.00
156322 10/24/2022 TRASH REFUND TRASH REFUND 84.82
156323 10/24/2022 TRASH REFUND TRASH REFUND 192.71
156324 10/24/2022 TRASH REFUND TRASH REFUND 126.61
156325 10/24/2022 TRASH REFUND TRASH REFUND 125.51
156326 10/24/2022 TRASH REFUND TRASH REFUND 41.12
156327 10/24/2022 TRASH REFUND TRASH REFUND 100.93
156328 10/24/2022 TRASH REFUND TRASH REFUND 120.81
156329 10/24/2022 TRASH REFUND TRASH REFUND 15.74
156330 10/24/2022 TRASH REFUND TRASH REFUND 64.16
156331 10/24/2022 TRASH REFUND TRASH REFUND 217.19
156332 10/24/2022 TRASH REFUND TRASH REFUND 56.35
156333 10/24/2022 TRASH REFUND TRASH REFUND 80.49
156334 10/24/2022 TRASH REFUND TRASH REFUND 44.70
156335 10/26/2022 024527 DANIEL ALCAYAGA NOTICE OF DETERMINATION
REIMBURSEMENT
3,589.25
156336 10/26/2022 021342 AMAZON CAPITAL SERVICES LANYARDS FOR BADGES 197.17 156337 10/26/2022 022268 AM-TEC TOTAL SECURITY INC HARDWARE UPGRADE - JAMES WOODY 2,612.08 156338 10/26/2022 001864 APPLE VALLEY TIRE FLAT TIRE REPAIR FOR FACILITIES 20.00 156339 10/26/2022 023051 BANNER BANK ESCROW NO. 2007 11,555.00 156340 10/26/2022 000192 BATTERY MART BATTERY FOR GOLF COURS ALARM PANEL 163.96 156341 10/26/2022 000193 RICHARD BATTISTA GRAFFITI REMOVAL 2ND HALF OF OCTOBER 2,069.40 156342 10/26/2022 002298 BEAR VALLEY ANIMAL HOSPITAL SPAY/NEUTER 168.54 156343 10/26/2022 003649 BECK OIL INC. CARDLOCK FUEL TRUCK 80 217.31 156344 10/26/2022 022905 CANYON SPRINGS ENTERPRISES OCTOBER 2022 CONSTRUCTION SERVICES -
JESS RANCH LIFT STATION PROJECT
219,545.00
156345 10/26/2022 000285 CED FACILTIES DSB LIGHT REPAIRS 179.05 156346 10/26/2022 021214 CIVICPLUS, LLC MUNICODE 1,553.81 156347 10/26/2022 023050 CLERK OF THE BOARD OF SECOND POSTING OF NOTICE OF 50.00 156348 10/26/2022 022562 COUNSILMAN/HUNSAKER &
ASSOCIAT
AQUATICS DEVELOPMENT IMPACT FEE 13,050.00
156349 10/26/2022 000777 COUNTY OF SAN BERNARDINO SEPTEMBER CODE ENFORCEMENT 153,321.93 156350 10/26/2022 002842 DOKKEN ENGINEERING BVR BRIDGE CONDITION ANALYSIS 28,588.67 156351 10/26/2022 004734 FAUST MEDIA SERVICES BUSINESS CARDS TOWN CLERKS OFFICE 325.54 156352 10/26/2022 008559 FUN EXPRESS PAINT BRUSHES FOR SPOOKTACULAR 876.55 156353 10/26/2022 000679 G.A. OSBORNE PIPE & SUPPLY GROUNDS FLAGS 354.89 156354 10/26/2022 003466 GROOVELABS LLC FACILITIES GEL SETS 401.20 156355 10/26/2022 018653 HASA INC. POOL CHEMICALS 1,890.41 156356 10/26/2022 009475 HESPERIA OUTDOOR POWER EQUIP GROUNDS POWER EQUIP MAINTENANCE 274.88 156357 10/26/2022 012567 HITT CONSTRUCTION CO., INC. POOL EQUIPMENT BLDG REPAIRS 4,200.00 156358 10/26/2022 023175 HOME DEPOT CREDIT SEVICES PUBLIC WORKS MAIN LINE WATER REPAIR 77.22 156359 10/26/2022 023335 HOME DEPOT CREDIT SEVICES EQUIPMENT MAINTENANCE ITEMS 232.13 156360 10/26/2022 000520 IMPERIAL SPRINKLER SUPPLY SPRINKLER PARTS 79.27 156361 10/26/2022 021301 JASON CHAIDEZ LANDSCAPE MAINTENANCE CONTRACT PW2021-01
458.99
156362 10/26/2022 024577 LEONARDO JOHNSON SPAY/NEUTER 40.00 156363 10/26/2022 021345 KONICA MINOLTA PREMIER FINANCE C4080 BASE- SEPT 1,223.43 156364 10/26/2022 021113 LAWSON PRODUCTS, INC. FACILITIES SHOP HARDWARE 1,491.40 156365 10/26/2022 017237 LOGICALIS HPE BACKUP SERVER 7,902.54 156366 10/26/2022 005351 LOWE'S (LAR) JAMES WOODY GYM PIPE REPAIR 1,194.28 156367 10/26/2022 024520 AMANDA MALONE EMPLOYEE REIMBURSEMENT FOR FOOD AND 267.14
156368 10/26/2022 020095 MATRIX AUDIO VISUAL DESIGNS GOLF CABLING PROJECT 29,144.74 156369 10/26/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 156370 10/26/2022 000635 MOJAVE BASIN AREA
WATERMASTER
ADMIN/BIOLOGICAL ASSESSMENTS MENDEL
AVGC HORSEMANS
942.68
156371 10/26/2022 006275 MOJAVE DESERT & MOUNTAIN MRF EXPENSES AUGUST 2022 81,467.21 156372 10/26/2022 004760 MONTGOMERY HARDWARE CO. FACILITIES WORKBENCH PINNIN GMAT
KEYBLANK
1,676.31
156373 10/26/2022 000654 NAPA CORE RETURN INVOICE 980760 214.70 156374 10/26/2022 011959 NIEMELA PAPPAS & ASSOCIATES NIEMELA PAPPAS & ASSOCIATES LLC 3,000.00 156375 10/26/2022 008206 O'REILLY AUTO PARTS BACK UP ALARM - FACILITIES 36.88 156376 10/26/2022 024595 GEORGE POLK MILEAGE AND LUNCH REIMBURSEMENT 125.60 156377 10/26/2022 000710 PRECISION LOCK & SAFE FACILITIES LOCK SUPPLIES 1,559.44 156378 10/26/2022 008771 PRUDENTIAL OVERALL SUPPLY UNIFORMS S/WW 995.75 156379 10/26/2022 015373 QUINN COMPANY CREDIT INVOICE WOA10001187 CATERPILLAR 262D
4,999.20
156380 10/26/2022 001677 RAINES ELECTRIC PARKING LOT LIGHTS 8,636.00 156381 10/26/2022 024576 DANIELLE RANDALL SPAY/NEUTER 40.00 156382 10/26/2022 024578 RAQUEL E CARDENAS AGUIRRE DBA EMERGENCY BUSINESS ASSISTANCE
PROGRAM
5,800.00
156383 10/26/2022 011479 ROW TRAFFIC SAFETY, INC 2 E-WASTE SIGNS 1,955.89 156384 10/26/2022 018339 JULIE RYAN REIMBURSEMENT 258.49 156385 10/26/2022 000790 SAN BERNARDINO & RIVERSIDE FIRE EXTINGUISHER 1,495.29 156386 10/26/2022 007514 SAN BERNARDINO FIRE PROT. DIST CUPA PERMIT 3A2 LIFT STATION 910.00 156387 10/26/2022 024594 MARIA SANTIAGO-GUENDULIAN REFUND FOR SEESION 7 PRIVATE SWIM
LESSONS CNX
190.00
156388 10/26/2022 010275 SPARKLETTS WATER 75.04
156389 10/26/2022 007717 SPLATTERED INK, LLC LOGO ENBROIDERY 744.75 156390 10/26/2022 000832 STAPLES CREDIT PLAN HISTORICAL ADVISORY AIRPORT BOOK 1,141.58 156391 10/26/2022 018390 SUMMIT SAFETY LLC JACKETS 335.12 156392 10/26/2022 020099 SUN WOODARD ENTERPRISES DSB HVAC-COMPRESSOR FOR CONFERENCE CENTER
6,190.00
156393 10/26/2022 001758 UNITED SITE SERVICES INC. DISPOSAL 743.57 156394 10/26/2022 000166 VALLEYWIDE NEWSPAPERS LLC LEGAL NOTICE 811.50 156395 10/26/2022 003324 JABEZ VARGAS REIMBURSEMENT - WASTEWATER MEETINGS 34.22 156396 10/26/2022 001278 VULCAN MATERIALS COLD MIX 215.92 156397 10/26/2022 000923 WAXIE SANITARY SUPPLY FACILITIES JAMES WOODY SOAP 646.37 156398 10/27/2022 008201 ABF PRINTS, INC. AVCE POSTCARDS 634.07 156399 10/27/2022 000192 BATTERY MART BATTERIES 695.39
156400 10/27/2022 000204 BIG APPLE AUTO VEHICLE REPAIR 13,738.02 156401 10/27/2022 000387 EDISON COMPANY 9/13/22-10/12/22 449.60 156402 10/27/2022 000406 FARMER BROTHERS COFFEE COFFEE FOR PD 334.14 156403 10/27/2022 000407 FEDEX SHIPPING 14.07
156404 10/27/2022 014844 FISH WINDOW CLEANING WINDOW CLEANING 188.00 156405 10/27/2022 000488 HIGH DESERT LASER GRAPHICS WEEKS BADGE 36.97 156406 10/27/2022 000168 LIBERTY UTILITIES 8/15/22-10/14/22 19,065.97 156407 10/27/2022 004982 QUADIENT LEASING USA, INC. LEASE 888.07 156408 10/27/2022 024574 CUBBY RINCON PERS HEALTH REFUND 215.93 156409 10/27/2022 011479 ROW TRAFFIC SAFETY, INC SIGNS 87.28 156410 10/27/2022 000787 SAN BERNARDINO COUNTY
SHERIFF'S DEPARTMENT
OCTOBER SERVICES 1,433,712.00
156411 10/27/2022 002055 SHRED-IT, C/O STERICYCLE, INC SHREDDING 135.22 156412 10/27/2022 018726 TYLER BUSINESS FORMS TAX FORMS 389.72 156413 10/27/2022 010143 AMERICAN FIDELITY ASSURANCE OCTOBER PREMIUMS 5,330.10 156414 10/27/2022 008857 CHLIC-CHICAGO OCTOBER PREMIUMS 1,658.10 156415 10/27/2022 011409 FIDELITY SECURITY LIFE INS / OCTOBER PREMIUMS 959.79 156416 10/27/2022 018484 NEW YORK LIFE OCTOBER PREMIUMS 988954670 745.04 156417 10/27/2022 018332 PRINCIPAL OCTOBER PREMIUMS 11,323.45 156418 10/27/2022 011408 TEXAS LIFE INSURANCE CO. OCTOBER PREMIUMS 1,034.38 156419 10/27/2022 008788 ZURICH NORTH AMERICA OCTOBER PREMIUMS 112.71 464 Checks Total amount of checks: 5,029,496.30
Town Council Agenda Report
Date: November 8, 2022
To: Honorable Mayor and Town Council
Subject: OCTOBER 2022 PAYROLL/BENEFITS WARRANTS SCHEDULE
From: Douglas Robertson, Town Manager
Submitted by: Sydnie Harris, Director of Finance
Finance
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
BACKGROUND
Per Section 3.16.040 through 3.18.030 of the Town of Apple Valley Municipal Code, except for tort claims, every claim and demand received against the Town shall be presented to, approved in writing by the receiving department or office, certified to the delivery or rendition of the supplies, materials, property or service for which payment is claimed, and that the quality and prices correspond with the original specifications and contracts.
SUMMARY
Pursuant to the Town’s Municipal Code, the register of demands shall be presented to the Town Council at the next regular meeting thereof after preparation. The Town Council may approve, conditionally or partially approve or reject such register of demands and in connection therewith consider the recommendations of the Town Manager and Director of Finance. Further, the State Government Code provides that Staff may process and pay prior to ratification by the Town Council, demands properly made in the ordinary course of business, the just obligations of the Town, such as routine salaries and wages, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.
The Payroll / Benefits warrants issued from October 1 through October 31, 2022, in the amount of $625,678.04 net of voids, covering issued warrant #s 68401-68463 and direct deposit advice #s 9980902-9981204 are herewith submitted for approval.
FISCAL IMPACT
DATE TOTAL
10/14/2022 $305,649.12
10/28/2022 $320,028.92
TOTAL: $625,678.04
The payroll and benefit warrants issued, covering warrant #s 68401 - 68463 and direct deposit advice #s 9980902 – 9981204 inclusive, totaled $625,678.04. Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.
Town Council Agenda Report
Date: November 8, 2022
To: Honorable Mayor and Town Council
Subject: QUARTERLY TREASURER’S REPORT – JULY – SEPTEMBER 2022
From: Douglas Robertson, Town Manager
Submitted by: Sydnie Harris, Director of Finance
Finance
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That Town Council receive and file the July-September 2022 Quarterly Treasurer’s Report.
SUMMARY
The July-September 2022 Treasurer’s Report is attached for Town Council review. The attached investment portfolio for the fiscal year-to-date period ended September 30, 2022 is presented to Town Council for Council’s review. The portfolio is in compliance with the investment policy and there is adequate liquidity in the portfolio to meet the next six months of expenditures.
BACKGROUND
Under provisions of Section 53646 of the California Government Code, the Treasurer or his/her designee shall render a quarterly investment report to the Town Council, the Town Manager, and the Town Attorney within 30 days following the end of the quarter covered by the report.
Attached is the Treasurer’s Report for the period ended September 30, 2022. This investment performance report lists the various types of securities, institutions the securities were purchased from, maturity dates and interest rates for all securities held in the Town’s investment portfolio as of the end of the reporting period. All of the Town’s investments as of September 30, 2022, are in compliance with the Investment Policy adopted by Council on June 23, 2021 and the California Government Code except as may otherwise be noted or disclosed herein. All market values provided in this report were obtained from the various financial institutions associated with the various accounts.
Market values for LAIF were provided by the State Treasurer’s Office. The market value
shown for the Town’s LAIF investment represents the Town’s contractual rights to its LAIF account and does not represent the value of the underlying portfolio securities. As of September 30, 2022, the Town has adequate cash reserves necessary to meet its obligations for the next six months.
The State of California Government Code requires that the investment policy be adopted at least once annually by the governing body to ensure its continued compliance with current laws and investment practices. The Town’s adopted investment policy conforms to the State Government Code in all respects.
COMPLIANCE REPORTING
The Town’s investment portfolio is in compliance with the Town’s adopted investment policy and applicable State laws during, and as of the end of, the reporting period.
Also, attached for informational purposes, is the preliminary Schedule of Revenues, Expenditures and Changes in Fund Balance for the Apple Valley Golf Course Fund for the period ending September 2022.
FISCAL IMPACT
The Town’s investment portfolio has adequate liquidity to meet the budgeted and actual expenditures of the Town for the next six months.
ATTACHMENTS
A. Treasurer’s Report
B. Apple Valley Golf Course Fund Schedule
Town Council Agenda Report
Date: November 8, 2022
To: Honorable Mayor and Town Council
Subject: APPROVE PURCHASE OF ROVVER X CCTV LONG RANGE MAIN
LINE INSPECTION SYSTEM
From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Director of Municipal Services Public Works
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Approve purchase of a Rovver X CCTV Long Range Main Line Inspection System from HAAKER Equipment Company in the amount of $173,022.27.
BACKGROUND
The Town currently has one sewer system camera inspection truck. The inspection system and interior of this truck have been in desperate need of updating. The truck has an old and outdated camera system that is no longer serviceable and not compatible with existing, state of the art, software systems. Since the truck’s interior design, hardware, and software are old and outdated, there is a great deal of down time and the system needs frequent repairs. The retrofit of the camera truck will empower wastewater staff to properly inspect the Town’s sewer system, enabling them to determine which areas need cleaning and repairs with greater efficiency.
ANALYSIS
The Town received three quotes from HAAKER Equipment Company (HAAKER), Jack Doheny Company, and Kaiser Premier. The quote from HAAKER is higher than the other two quotes but HAAKER is located locally in La Verne, California. Jack Doheny Company is located in Las Vegas and Kaiser Premier is located in Fresno. It would make it extremely difficult for service since both locations are geographially further away.
Additonally, the Town has purchased other vehicles and equipment from HAAKER and
is extremely pleased with the quality of workmanship and equipment, their excellent customer service, and the training they consistently provide.
FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2022-23 budget under Wastewater account code 5010-4210-9120-0000.
ATTACHMENTS
A. Quote from HAAKER Equipment Company
B. Quote from Jack Doheny Company
C. Quote from Kaiser Premier
2070 North White Avenue, La Verne, California 91750
Cell: (909) 736-7086 ~ Office (909) 598-2706 ~ haaker.com October 23, 2022
Jabez Vargas
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
PROPOSAL – Rovver X CCTV Long Range Main Line Inspection System Dear Jabez:
Thank you for your interest in the Rovver X main line inspection system with capabilities to inspect from 6” to 34” pipes.
I am pleased to offer the system as follows. Price includes Rovver X equipment and associated hardware.
Rovver X CCTV Long Range Main Line System with 1640’ cable reel: Includes RCX90 pan and tilt camera (high-resolution CCD color zoom camera with 10x optical and 12x digital zoom, auto shutter, auto/manual focus, built-in LED lighting, +/-135 degree tilt, endless rotation, pressure sensor, and twin laser diodes for measuring feature width); ROVVER X RX130L crawler (steerable with twin highperformance motors and 6-wheel drive, anodized aluminum/stainless steel chassis with pressure indicator, inclination and tilt sensors, location sonde transmitter, integrated camera lift, rear viewing video camera); Quick Change wheels (6 small rubber, 4 medium rubber, 4 large rubber wheels, 2 climbing wheels); DCX5000 control pendant to operate crawler, reel and camera); RAX500 automatic motorized cable reel (with meter counter, splash-proof rating, 1640' orange transmission cable); power supply for 115/230V; setup wireless remote control. Includes ROVVER X CCUI/Control module for reports.
$135,000.00
WinCan VX Expert License Upgrade Includes: Section/Lateral/Manhole, Basic Reporting, Report Generator, Data Viewer, 3D, All languages & Standards, Map Expert/ArcGIS, Photo Assistant, Drawing function, Meta DB, Data Transfer Tool, SQL & Oracle database option, Multiple Inspection, Grading, Software Encoding, MPEG 1/2/4 Recording, NASSCO Validator, Text Generator, Inclination, Local deformation & Crack width with laser, Work Order Management, Statistics, and GIS Queries. $13,750.00
Annual Expert Enterprise Infinity Support Plan
One Year Unlimited Phone, Email, and Remote Internet Technical Support, Unlimited Maintenance, Upgrades and Version Upgrades to WinCan VX, 5 Hours per year of Web Ex Training Same Day Support and Service
$1,922.80
WinCan Web Flex: allows for data entry and modification. Creating reports and NASSCO exports. 250GB per seat
$2,500.00
One Day On-Site Installation and Training
$2,500.00
Razer Ripsaw External USB Capture Card
$350.00
Installation of RovverX System; Removal of current CCTV equipment and installation of new Envirosight RovverX system with aluminum drawer DUC-10-36-26-001.
$3,858.66
Sub Total $159,881.46
Sales Tax 7.75% (Apple Valley, CA): $12,390.81
Freight: $750.00
Equipment Training: INCLUDED
Total Price: $173,022.27
Price quoted includes all inbound shipping charges to CA and (2) days of RovverX training.
Thank you again for the opportunity and I will be looking forward to working for you on the purchase of this equipment and I will also be looking forward to your favorable consideration.
Respectfully Yours
George Lopez
George Lopez
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1 Date: 9/27/2022
1 Branch: 1700
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1 1
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1 1 CUSTOMER:
1 ADDRESS:
1 CITY, STATE, ZIP:
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17662
1 8-30 22 Updated
Sourcewell Contract #120721-RVL
Town of Apple Valley
13540 Nomwaket Rd
Apple Valley, CA 92308
760-240-7000
[email protected]
Jabez Vargas
RAPIDVIEW ID:
PROPOSAL ID:
DOHENYCOMPANY.COM
1 LIST SELECTED
1 Standard Cameras:
1 V4019001 $ 20,865.00 $ 20,865.00
1 1 Camera Head Accessories:
1 901601040 $ 529.00 529.00 $
1 1 T66 Tractor and Accessories:
1 V9052012 13,507.00 $ 13,507.00 $
1 905246501 3,952.00 $ 3,952.00 $
1 905211031 $ 781.00 781.00 $
1 905253031 $ 349.00 349.00 $
1 905210191 $ 936.00 936.00 $
1 905210991 $ 1,279.00 1,279.00 $
1 905215991 $ 1,453.00 1,453.00 $
1 905216791 $ 1,656.00 1,656.00 $
1 902211090 $ 1,458.00 1,458.00 $
1 1 Vehicle Mounted Control Units:
1 V1974005 18,063.00 $ 18,063.00 $
1 1 Reels:
1 V8026001 33,046.00 $ 33,046.00 $
1 1 Camera Cable:
1 80017040 $ 5,860.00 5,860.00 $
1 1 Reel Accessories:
1 904350020 $ 756.00 756.00 $
1 802617031 $ 1,151.00 1,151.00 $
1 1 Computer Systems:
1 V0001017 $ 3,731.00 3,731.00 $
1 1 Rapid View Build Out Options:
1 VZ000306 $ 2,179.00 2,179.00 $
1 1 Wincan Software:
1 VX-ADVANCED-1 $ 10,098.00 10,098.00 $
1 VX-INFINITY-EXPERT-1 $ 2,076.62 2,076.62 $
1 W-WEBFLEX
$ 2,700.00 2,700.00 $
1 H-SENSORAY-2253 $ 1,000.00 1,000.00 $
1 T-WINCANTRAINING-1 $ 1,000.00 1,000.00 $
1 1 Additional Accessories
1 TRP01 $ 486.00 486.00 $
1 Poleset $ 430.92 430.92 $
1 52846 $ 39.96 39.96 $
1 ORION Zoom-Pan and Tilt and Zoom (3x digital) camera for 4" and up pipelines.
May be used on tractor or pushrod.
Auto-focus, Auto-uprighting, LED Lighting and 33 kHz Transmitter for locate.
Laser diameter, deformation, defect and object measurement (third-party) T66.1 Camera Tractor Small mainline
tractor for use in pipelines 4" and up
Zero turn radius, full steering with ATC (Auto Tilt Compensation) Includes lowering claw, toolset and 4"/6"/8" wheelsets
Pressure Test Set
Additional Weight Kit for T66 (Heavy and Light) Add weight to pull longer distances
Larger T66 hook for use with poles (optional)
Treaded Wheel set for 6" pipe for T66/8" for PANORAMO 150 (HARD) Treaded Wheel set for 8" pipe for T66/10" for PANORAMO 150 (HARD) Camera Connection TYPE 4.1 for T66.1 HD with NON-HD Cameras Manual lift Manually elevate the camera to center of a 20" pipe.
Tungsten Carbide Wheels for T66/PANO 150 in 6" and up
Tungsten Carbide Wheels for T66/PANO 150 in 8" and up
T66/PANORAMO 150 Pneumatic Wheels for large pipe w/ adapters BS 3.5 - Vehicle Mounted Control Panel EDI
Controls all normal mainline equipment including LISY. (Not PANORAMO) Diagnostic and control center with color touch-screen panel.
Video IN/OUT, RS232, PS2 Keyboard Included.
Automated SD card update port for new firmware.
19" rack mount main control unit.
KW305.2 Synchronized Power Cable Reel
Requires vehicle installation.
Includes remote control pendant and LED boom light. Automatic level wind.
Includes remote control pendant and LED boom light. Distance counter with rear display. Holds up to 1000' of 524/11 cable
Includes integrated tractor lowering winch and control
KUV 2.7 Cable Deflection Pulley for Standard and Fiber Optic Cable with holder and rope (Highly Camera Cable Type 524/11 - 1000 feet
KW305/505 Upper deflection pulley (attaches to boom)
19" Industrial PC Package
KW Reel Cabinet with sliding aluminum drawer and LISY drum platform Expert Enterprise Infinity Support Plan
WinCan VX Advanced License
ANNUAL WinCan Web Flex allows for data entry and modification. Creating reports and NASSCO exports (Pending certification). 250GB per seat.
One Day OnLINE TRAINING
Audio/Video Capture Encoder/Decoder with Enclosure
3" Tiger Tail
JDC -Top Manhole Roller
JDC-18' of Fiberglas Poles, Mounting Bracket and IBAK Adapter
1 Additional Options Sale Price
1 6,500.00 $ 6,500.00 $
1 $ -
3 $ 2,025.00 675.00 $
1 400.00 $ 400.00 $
1 1 Sourcewell Build-Quote Summary
1 $ 138,307.50
1 $ 5,532.30
1 $ 132,775.20
1 $ 2,655.50
1 $ 130,119.70
1 1 $ 1,500.00
1 $ 2,200.00
1 $ 133,819.70
1 1 $ 10,084.28
1 $ 143,903.98
1 Optional Items:
1 800500841 $ 1,079.00 1,079.00 $
1 GENSET $ 5,000.00 5,000.00 $
1 $ 1,800.00 1,800.00 $
1 1
1 Customer:
1 By:
1 Date:
Email:
RETROFIT JDC LAS VEGAS
CUSTOMER DROP OFF PICK UP JDC LAS VEGAS
(3) 19" Monitors Mounted - JDC
Freight and PDI:
ONE DAY Field Training:
Total:
Terms and Conditions
• Acceptance of this Proposal is subject to availability of the Equipment listed above.
MONITOR MOUNTS AND CABLES
Module/Options/Chassis Total:
Options Sourcewell Discount 4%:
Module/Options Total per Sourcewell Price Schedule:
Foot switch for winch (KW505 and KW305)
Total with Sales Tax:
Apple Valley, CA - Sales Tax 7.75%:
Total:
JDC Discount 2%:
OPTIONAL NEW GENERATOR
GEN BOX MODIFICATION
above only when signed by the customer or one of its officers.
Stephanie Prescott
Stephanie Prescott
Regional Sales Representative
760-644-5147
[email protected]
This proposal becomes a contract for delivery and payment of the merchandise listed • Sales Price does not include any applicable sales taxes. Buyer is responsible for and agrees to pay all applicable sales tax. • The Sale of New Equipment Terms and Conditions are incorporated into and made a part of this Proposal upon acceptance and execution of this Proposal by both parties.
• Execution of this Proposal by Seller and Buyer constitutes a binding agreement between the parties. • If this Proposal is not executed by both parties within thirty (30) calendar days from the Proposal Date, this Proposal shall become null and void, unless subsequently executed by both Buyer and Seller.
Thank you for your consideration of this proposal.
Sincerely yours,
INVOICE INFORMATION
Sold to: Name
Address
Contact
Phone #
Email Address:
Ship to: Name
Address
Contact
Phone #
Email Address
PLEASE SELECT TYPE OF BUSINESS
Environmental ___________Petro Chemical_______ Gas & Oil_________________ Sewer & Water_______ Industrial Plant___________Utility_______________ Municipal________________ Other_______________ Customer Signature:
Kaiser Premier Signature:
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Date:
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Customer Signature:
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Date:
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Customer Name: Jabez Vargas
Customer Address: Town of Apple Valley Public Works
Qty Part Number Kaiser Part Number Description Sell Total 2 88100Z 20095064 CO2 Canister (Each) $30.00 $60.00
1 CGP01 20093834
Cable Guide Pulley:
Lower manhole roller features a roller system to help prevent the cable from damage when entering into the pipe. It should be attached to the manhole and is supplied with a rope for fastening. $770.00 $770.00
1 PKP01 20095065 Pressure Test Kit (Gas not included):
For Proteus cameras and crawlers. Supplied in a plastic case with space for 2 canisters. $770.00 $770.00 1 TRP01 20095062 Manhole Top Roller:
An adjustable manhole top roller to suit most sizes of manhole opening. Helps to prevent cable $770.00 $770.00 1 VIP07
Truck Mount Link Cable Box:
A 16' cable runs from the controller to the box where the reel is then connected with an included 5' link cable. Allows for cable reels to be connected and disconnected from the back of the truck for portable use.
$770.00 $770.00
1 ProCase VIR/Proteus Carry Case with inserts to accommodate CRP90/140. CAM026/CAM028 and APB/ALB300 Equipment $275.00 $275.00
1 001-00805-01 SnapTrack C-Cell Alkaline Receiver with 512Hz, 640Hz ad 33KHz Sonde locating. Additional frequencies can be programmed in the future to meet specific requirements. $1,850.00 $1,850.00 Qty Part Number Kaiser Part Number Description Sell Total 1 VCU500 20103460
Van Keyboard Control Unit with Rackmount Power Supply:
The truck build alternative to the CCU208 has all the same features but instead utilizes a computer monitor (not included) instead of the built in screen on the CCU208. Power supply for the controller is 1U rack mounted.
$18,550.00 $18,550.00
1 Rackmount 20103729
2U Rackmount computer - Intel Core i7 processor, 16GB RAM, 256GB SSD drive for Operating system and programs, 1TB HDD for data storage, DVD drive, Video capture card, Windows 10Pro Operating system, keyboard and mouse.
$2,900.00 $2,900.00
Qty Part Number Kaiser Part Number Description Sell Total 1 CRP140 20095072
5.5" - 24" Pipe Crawler:
6 wheel drive, steerable, pressurised, inclination sensor, built in multi frequency sonde, motorised elevator and lowering device. Features our patented wheel lock system. Supplied with 6 x 3.5" rubber wheels.
Compatible with the Crawler Cradle (PCC01) for pipe diameters up to 40". $22,560.00 $22,560.00
Qty Part Number Kaiser Part Number Description Sell Total 4 QRW115SR/150 20099518 Black Rubber- For use with CRP150 in Pipes 8 to 12" (each, 4 required) $270.00 $1,080.00 4 QRW140SR/150 20099519 Black Rubber- For use with CRP150 in Pipes 12 to 18" (each, 4 required) $300.00 $1,200.00 4 QRW140XLSR/150 20099520 Black Rubber- For use with CRP150 in Pipes 18" and up (each, 4 required) $400.00 $1,600.00 2 QRW90CB/150 20099514 Carbide- For use with CRP150 in 6 to 8" pipes (each, 4 required) $470.00 $940.00 2 QRW115CB/150 20099516 Carbide- For use with CRP150 in Pipes 8 to 12" (each, 4 required) $530.00 $1,060.00 2 QRW140CB/150 20099517 Carbide- For use with CRP150 in Pipes over 12" (each, 4 required) $590.00 $1,180.00 4 QRW250BT/150 20099521 Crawler Cradle Balloon Wheels (each, 4 required): 10" pneumatic balloon wheels featuring patented wheel lock making changing wheels quick and easy. Ideal for use in heavily silted pipes. $400.00 $1,600.00 Qty Part Number Kaiser Part Number Description Sell Total 1 CAM028L 20095070
Pan & Rotate + Zoom Camera Head With Laser Measurement: High resolution camera module with 120x zoom (10 x Optical, 12 x Digital). Extremely powerful LED lighting, twin lasers, pipe diameter measuring sensor, auto/ manual focus, pressurised, endless rotation, +/- 135° pan, pressure rated to 1 bar.
$20,410.00 $20,410.00
Qty Part Number Kaiser Part Number Description Sell Total 1 ACR500
1,640 Foot Fully Syncronized, Motorized Cable Reel:
Self-layering to keep the cable neat and tidy. Removable drip tray. Synchronised with the crawler for hassle free retrieval. Includes 1,640 feet of cable (CAP500), the Bluetooth joystick remote controller (RJP01) and van mounted boom roller (VGP500).
$47,170.00 $47,170.00
Qty Part Number Kaiser Part Number Description Sell Total Auxilliary Lights
Note: Kaiser Premier is please to present you with this equipment quotation. As discussed, this is an equipment only quote and the typical 3 day training period would be extended to 5 days so that the trainer can assist with a self-performed retrofit of the existing camera truck.
Accessories
Controllers
Crawlers
Wheel Sets
Camera Heads
Cable Reels
Kaiser Premier Signature:
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Date:
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Customer Signature:
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Date:
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1 ALB300 20095066
Auxiliary Lights & Backeye Camera:
Extremely powerful LED light. Features a colour rear view camera to aid crawler reversing. For use with CRP150 and CRP300 crawlers.
$3,080.00 $3,080.00
Qty Part Number Kaiser Part Number Description Sell Total 1 EWP01
CRP140/150 Extra Weight Plate:
5.5 pound weight plate for CRP140/150. Gives the crawler extra downforce to allow for more traction in tricky pipe conditions.
$510.00 $510.00
1 PCC01 20099523
CRP140/150 Crawler Cradle:
For use with the CRP140 or CRP150 crawlers. Quickly attach the crawler to extend its capabilty from 23" - 40". Incluides gear selector to choose between high speed lower torque or lower speed higher torque. Includes four 8.6" balloon wheels.
Add QWR250/150 10" Ballon Wheels for use in heavily silted pipes and larger pipe diameters $10,230.00 $10,230.00
Qty Part Number Kaiser Part Number Description Sell Total 1 PKG_ADVANCED
Phoenix Advanced Level Report Writing Software:
Access Database
Asset Editing
MPEG1/MPEG2/MPEG4 Video Encoders
Windows Media File (WMF) Video Encoder
NASSCO 6 & 7 Compliant Operating Modes
Report Binder
Video Overlay Software Communications
GPS Receiver Communications
Caption To Speech
Administer Users
Bookmark and History
Transaction Log
Edit Browser DataGrid View
Followup Inspection
Edit Customer Paragraphs
Advanced Feature Customization
Edit Captions
Edit Filenames
Observation Editor Mini
Observation Editor Inline
Database Synchronization
Inclinometer
$13,000.00 $13,000.00
1 ASSET_TYPE_MAINLINE 20103726
Mainline Inspection Module for Phoenix
Entry Level - Included
Portable Level - Optional Add-On
Basic - Optional Add-on
Advanced - Optional Add-on
Professional - Optional Add-on
$0.00
1 DVS_MPEG4 20095076
MPEG4 Encoder Module for Phoenix
Entry Level - N/A
Portable Level - Optional Add-on
Basic - Optional Add-on
Advanced - Included
Professional - Included
$0.00
1 GIS_OFFICE
GIS Office Module for Phoenix
Entry Level - N/A
Portable Level - N/A
Basic - Optional Add-on
Advanced - Optional Add-on
Professional - Optional Add-on
$2,750.00 $2,750.00
1 GIS_TOOLBAR
GIS Toolbar for Phoenix
Entry Level - N/A
Portable Level - N/A
Basic - Optional Add-on
Advanced - Optional Add-on
Professional - Optional Add-on
$2,750.00 $2,750.00
Sub-Total $ 163,235.00
TAX TBD
GROUND SHIPPING (ESTIMATED) $ 1,000.00
RETROFIT/INSTALLATION
TOTAL: $ 164,235.00
NOTE:
Crawler Accessories
PipeLogix Software
International Customs and Duties included in shipping cost.
Customer is responsible for any and all credit card fees.
Pricing subject to change.
Kaiser Premier Signature:
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Date:
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Customer Signature:
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Date:
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Terms:
ALL PRICES ARE IN US DOLLARS. QUOTE IS VALID 30 DAYS FROM ISSUE.
TERMS: 10% down payment, Balance due upon completion. Once production has commenced on this Sales Proposal agreement, in the event of the purchasers cancelling the Sales Proposal agreement, or failing to accept delivery, or failing to complete the Sales Proposal agreement, the entire deposit shall be forfeited to KAISER PREMIER, but such forfeiture shall not prejudice any other remedy which KAISER PREMIER may have for breach of any of the Sales Proposal agreement. Buyer agrees to the attached terms and conditions.
STATE SALES TAX IS NOT INCLUDED. State sales tax and vehicle registration is the responsibility of the purchaser. Excludes all other applicable taxes, duties, tariffs, brokerage, delivery or documentation fees.
Visual Imaging Resources, LLC.
P.O. Box 703443
Plymouth, MI 48170-0998
Warranty Terms and Conditions
On New Equipment, we guarantee that if any provable defect of workmanship or materials in the equipment (and not as a result of misuse) is notified to us within twelve months of delivery, and the defective equipment is promptly returned upon discovery of such defect, we will remedy it free of charge. We reserve the right, at our option, to repair the equipment or to replace the whole unit or the faulty parts or to refund the then-current value of the equipment, if we are unable to repair or replace the unit. The warranty is a ‘return to base’ warranty and we are not liable for any shipping costs.
Disassembling the camera, coiler, control unit or any part of the system, without approval of the manufacturer, will void the warranty. The warranty period commences from the date of delivery of the equipment by Visual Imaging Resources (VIR) to the Dealer.
This limited warranty does not cover damage arising from improper use of the system, inadequate maintenance, alteration, repair, normal wear and tear or external causes like lightning, fire or frost. The warranty does not cover wear and tear to parts such as front camera lenses, O-rings, cable, push rod, rod rollers etc The legal relationship for all warranty claims is between VIR and the Dealer. It is therefore the Dealer's responsibility to offer a minimum 12 months’ warranty to their end customer.
If the Dealer is trained and certified as a Service Partner and the Dealer performs a warranty repair, VIR is not liable to reimburse any of the Dealer's labor costs in respect of warranty repairs. The agreed re-seller discount is intended to cover Dealer warranty labor costs.
If the local repair is outsourced to an external Mini-Cam certified Service partner, the Dealer is liable for the labor costs of those warranty repairs. VIR will send the necessary spare parts free of charge (the parts), ex works to the service partner.
At times our partners’ will hold equipment to reduce lead times and to ensure product is available for their local markets. In such cases, where the equipment has not been used as demo equipment, and where the Partner has specifically advised and provided evidence to VIR of this situation, VIR may, at VIR’s sole discretion, extend the VIR warranty period beyond the normal 12 months for an appropriate period.
Initial________
Kaiser. Performance Counts.
TERMS AND CONDITIONS
TERMS AND CONDITIONS OF SALE
ACCEPTANCE OF TERMS AND CONDITIONS; NO ADDITIONAL TERMS; ORDER CONFIRMATION. No quotation or purchase order for vehicles, equipment, parts or services (collectively “Equipment”) sold by Kaiser Premier LLC or any subsidiary, affiliate or related entity (collectively, “Kaiser”) shall be deemed accepted by Kaiser until Kaiser issues an order confirmation (the “Order Confirmation”) to the purchaser (the “Buyer”) stating the terms upon which Kaiser will sell Equipment to Buyer. Any sales of Equipment, as well as any quotation or other offer by Kaiser is expressly conditioned upon the acceptance of these Terms and Conditions of Sale and the Order Confirmation, as they may be modified or supplemented in a writing executed by an authorized officer of Kaiser (collectively, these “Terms and Conditions”). These Terms and Conditions govern all transactions between Kaiser and the Buyer, and no additional or different terms and conditions will be binding upon Kaiser. Kaiser objects to and rejects any proposal, acceptance or agreement provided by Buyer that includes different or additional terms that vary from these Terms and Conditions.
DELIVERY; RISK OF LOSS; TITLE. Kaiser shall deliver the Equipment ordered by Buyer to the location specified in the applicable Order Confirmation (the “Delivery Point”) using Kaiser’s standard methods for delivery of such Equipment. If no Deliver Point is specified in the Order Confirmation, the Delivery Point shall be Kaiser’s manufacturing facility in Fort Morgan, Colorado. Title and risk of loss passes to Buyer upon delivery of Equipment at the Delivery Point. As collateral security for the payment of the purchase price of the Equipment, Buyer hereby grants to Kaiser a lien on and security interest in the Equipment and any proceeds therefrom. The security interest granted under this provision constitutes a purchase money security interest under the Colorado Uniform Commercial Code.
PAYMENT TERMS; DEPOSITS. Buyer shall pay all invoiced amounts due to Kaiser in accordance with the terms of the Order Confirmation. Buyer shall make all payments in US dollars in immediately available funds or as specified in the Order Confirmation. All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed on any amounts payable by Buyer unless otherwise specified in the Order Confirmation. Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Kaiser. If Kaiser requires a deposit in connection with any order of Equipment, Buyer shall pay such deposit to Kaiser upon Kaiser’s issuance of the Order Confirmation to Buyer. Any deposit will be credited by Kaiser to the purchase price of the applicable Equipment upon delivery of the Equipment to Buyer. Except as specified in the applicable Order Confirmation, Buyer shall forfeit and Kaiser shall have the right to retain Buyer’s deposit upon Buyer’s cancellation of the applicable Equipment order unless Kaiser receives such cancellation in writing no later than one hundred eighty (180) days prior to the scheduled delivery date of such order.
FORCE MAJEURE. If Kaiser shall be unable to perform hereunder by reason of the occurrence of any contingency beyond its control, or if such performance has been made commercially impracticable for any reason, performance shall be excused and Kaiser shall not be liable therefore. Contingencies beyond Kaiser’s control include but are not limited to, acts of God, fires, floods, wars, civil commotion, sabotage, accidents, labor disputes or shortages, government laws, ordinances, rules and regulations including, but not limited to, import or export prohibitions or limitations, priorities, requisitions, allocations and price control restrictions and inability to obtain material, equipment or transportation. If such contingency or commercial impracticability results in curtailment or suspension of Kaiser’s supply of equipment, deliveries may at Kaiser’s option be cancelled or may be allocated among its customers as Kaiser may deem fair and reasonable.
LIMITED WARRANTY; DISCLAIMER OF WARRANTY. Equipment sold by Kaiser to Buyer are subject to the applicable Kaiser Premier Limited Warranty (the “Kaiser Warranty”) delivered to Buyer or available on Kaiser Premier’s Web site at www.kaiserpremier.com. Buyer's sole and exclusive remedy for breach of warranty is limited to the terms and remedies set forth in the Kaiser Warranty. THE KAISER WARRANTY CONSTITUTES KAISER’S EXCLUSIVE OBLIGATION AND KAISER
MAKES NO OTHER WARRANTY OF ANY KIND WITH RESPECT TO THE EQUIPMENT, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND FREEDOM FROM INFRINGEMENT OR THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THE REMEDIES SET FORTH IN THE KAISER WARRANTY ARE THE SOLE REMEDIES AVAILABLE TO ANY
PERSON OR ENTITY FOR BREACH OF WARRANTY OR FOR BREACH OF ANY OTHER COVENANT, DUTY, OR OBLIGATION ON THE PART OF KAISER. IT IS EXPRESSLY AGREED THAT THE KAISER WARRANTY DOES NOT FAIL OF ITS ESSENTIAL PURPOSE.
Initial________
Kaiser. Performance Counts.
LIMITATION OF LIABILITY. KAISER SHALL HAVE NO LIABILITY FOR ANY TYPE OF SPECIAL, CONSEQUENTIAL,
INCIDENTAL, PUNITIVE OR PENAL DAMAGES, WHETHER DAMAGES ARISE OUT OF OR ARE AS A RESULT OF
BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE
REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT KAISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KAISER’S TOTAL LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE OF THE EQUIPMENT WHICH GAVE RISE TO SUCH LIABILITY.
TERMINATION FOR BREACH. In addition to any remedies that may be provided in these Terms and Conditions or any related agreements or documents, Kaiser, at its option, may suspend or terminate these Terms and Conditions with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under these Terms and Conditions; (ii) has not otherwise performed or complied with any of these terms of these Terms and Conditions, and such failure continues for fifteen (15) days after receiving notice of such failure; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
CONFIDENTIAL INFORMATION. All non-public, confidential or proprietary information of Kaiser, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Kaiser to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” is confidential, solely for use in connection with the Equipment and may not be disclosed or copied unless authorized by Kaiser in writing. Kaiser shall be entitled to injunctive relief for any violation of this section. This section shall not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.
KAISER’S INTELLECTUAL PROPERTY. Buyer acknowledges and agrees that any and all Kaiser's intellectual property rights (the “Rights”) are the sole and exclusive property of Kaiser or its licensors, and Buyer shall use the Rights solely for purposes of using the Equipment and only in accordance with these Terms and Conditions. Buyer shall not (i) take any action that interferes with any of the Rights; (ii) challenge or misappropriate any right, title or interest of Kaiser in or to the Rights; (iii) make any claim or take any action adverse to Kaiser's ownership of the Rights; (iv) register or apply for registrations, anywhere in the world, for Kaiser's trademarks or that incorporates Kaiser's trademarks; (v) alter, obscure or remove any Kaiser's trademarks, or trademark or copyright notices or any other proprietary rights notices placed on the Equipment, marketing materials or other materials that Kaiser may provide.
INDEMNIFICATION. Buyer shall indemnify, defend and hold harmless Kaiser and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, the “Kaiser Indemnified Parties”) against any and all damages including, without limitation, reasonable attorneys’ fees, incurred by a Kaiser Indemnified Party, relating to/arising out of or resulting from any claim of a third party occurring in connection with the Equipment (unless such claim is as a result of Kaiser’s violation of the Kaiser Warranty above), or Buyer’s gross negligence, willful misconduct or breach of these Terms and Conditions.
LAWS; REGULATIONS. Buyer shall comply with all applicable laws, regulations and ordinances and shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to use the Equipment. Buyer shall comply with all export and import laws of all countries involved in the sale of the Equipment under these Terms and Conditions or any resale of the Equipment by Buyer. Buyer assumes all responsibility for shipments of Equipment requiring any government export or import clearance.
MISCELLANEOUS. Buyer may not assign or delegate any of its rights or obligations under these Terms and Conditions without the prior written consent of Kaiser. The relationship between the parties is that of independent contractors. Kaiser’s failure to enforce any provision of these Terms and Conditions will not be construed as a waiver of such provision nor affect the validity of these Terms and Conditions or Kaiser’s right to enforce any provision thereafter. Each provision of these Terms and Conditions is severable and if any provision will be finally determined to be invalid, illegal, or unenforceable in any jurisdiction, the remaining provisions will not be affected thereby. No amendment, waiver, modification of these Terms and Conditions shall be valid unless in writing signed by both parties. Kaiser’s rights under these Terms and Conditions are in addition to, and not in lieu of, any other remedies available under the Uniform Commercial Code, at law or in equity. These Terms and Conditions are governed by and subject to the laws of the state of Colorado without regard to conflict of law principles. The District Court of the City and County of Denver, State of Colorado, shall have exclusive jurisdiction and shall be the exclusive venue for any and all controversies and claims arising out of or relating to these Terms and Conditions.
Initial_________
Thursday, October 6, 2022 at 16:40:03 Pacific Daylight Time
Subject: Town of Apple Valley camera truck pictures 1
Date: Thursday, October 6, 2022 at 1:11:01 PM Pacific Daylight Time From: Manasseh Gilliam
To: Eric Montgomery
ADachments: Image.jpeg, Image.jpeg, Image.jpeg, Image.jpeg, Image.jpeg, Image.jpeg, Image.jpeg, Image.jpeg, Image.jpeg
Waypoint Spam Admin
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Here are pictures of our camera truck for the retrofit esNmate.
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Town Council Agenda Report
Date: November 8, 2022
To: Honorable Mayor and Town Council
Subject: AWARD A PROFESSIONAL SERVICES AGREEMENT FOR THE APPLE VALLEY STATE ROUTE 18 CORRIDOR ENHANCEMENT
PLAN PHASE II
From: Douglas Robertson, Town Manager
Submitted by: Julie Ryan, Special Projects Manager
Town Manager’s Office
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Award a Professional Services Agreement to KOA Corporation for the Apple Valley State Route 18 Corridor Enhancement Plan Phase II subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
BACKGROUND
The Town of Apple Valley received a Sustainable Communities Planning Grant from the California Department of Transportation (Caltrans) to prepare a comprehensive study of State Route (SR) 18 between Apple Valley Road and Bass Hill Road. The 3.2-mile segment of SR 18 was designed for vehicle movement and has limited pedestrian infrastructure. The current highway conditions, coupled with the outer highway configuration, present significant barriers to active transportation and limits the number of motorists and pedestrians who frequent shops and services along the Corridor.
The planning process will address access barriers by conducting a comprehensive evaluation of the Corridor and recommending potential countermeasures. The Consultant will analyze the current environment and assess the ability to construct new infrastructure or re-configure existing conditions to increase safety and create a more accessible, business-friendly environment. The Consultant will study accident data and traffic counts, assessing risks at each intersection and provide specific countermeasures with recommendations for prioritized implementation. The Plan will also assess and recommend storm water management improvements and greening elements that can be added to beautify and protect the environment. The final Apple Valley SR 18 Corridor
Enhancement Plan Phase II will serve as a blueprint for guiding future improvements on SR 18 along the studied corridor.
ANALYSIS
On August 26, 2022, the Town received proposals for the subject project. Upon receipt, the proposals were reviewed and scored by members of the Planning Department, Housing Department, and the Town Manager’s Office using the following criteria:
Project understanding and approach
Project Manager’s experience with similar kinds of work Experience of assigned project team members
Relevant project examples
Capability of developing innovative and advanced techniques Completenes and overall quality of submission
The review team interviewed the candidates on September 21, 2022 and KOA Corporation was unanimously selected for the following reasons:
Understanding of the project area and depth of research conducted prior the interview;
Strength of the project team members and balance of engineering, research, and local knowledge;
KOA Corporation displayed a clear understanding of the need for strong communication and provided creative ideas for maximizing stakeholder input.
With a consultant selected, staff opened their sealed cost proposal. KOA’s estimated costs for this project is $349,726.00 which is within the estimated grant budget.
For all the reasons mentioned above, staff recommends that KOA Corporation be awarded a Professional Services Agreement for the Apple Valley State Route (SR) 18 Corridor Enhancement Plan Phase II.
FISCAL IMPACT
The estimated project cost for the Apple Valley SR 18 Corridor Enhancement Plan Phase II is $350,000, and KOA’s proposed fee is $349,726.00. The grant includes up to $295,855 in reimbursable grant funds received from Caltrans and local matching funds for the balance coming from Measure I (2021-5210-9593-0000). Funding is included in the adopted Fiscal Year 2022-2023 budget.
ATTACHMENTS
A. Professional Services Agreement
TOWN OF APPLE VALLEY
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 15th day of November, 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 KOA, a corporation, with its principal place of business at 1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754 ("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 planning, engineering, and consulting 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 Apple Valley SR 18 Corridor Enhancement Plan Phase II 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 planning 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 November 15, 2022 to April 15, 2025, 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 in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
28314.00015\33081613.1
(BB&K 2017)
not exceed Three Hundred Forty-Nine Thousand Seven Hundred Twenty-Six Dollars ($349,726.00) 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 to meet the Schedule of Services.
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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: Michael Nilsson, Min Zhou, Joel Falter, Jonathan Raspa, Walter Okitsu, Leslie Scott (Leslie Scott Consulting), Frank Barrera, Robert Kilpatrick (David Evans & Associates).
3.3.5 Town's Representative. The Town hereby designates Julie Ryan, 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 Min Zhou, 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.
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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 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
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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 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
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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 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:
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Consultant: KOA Corporation
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754
ATTN: Min Zhou
Town: Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, California 92307
ATTN: Julie Ryan
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.
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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 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.
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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.
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 reasonable 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.
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3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
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.
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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 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]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE TOWN OF APPLE VALLEY
AND KOA CORPORATION
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
KOA CORPORATION
By:
Min Zhou
Chief Executive Officer
By:
Joel Falter
Principal
Min Zhou
Digitally signed by Min
Zhou
Date: 2022.11.01
14:46:50 -07'00'
Joel Falter
Digitally signed by Joel
Falter
Date: 2022.11.01
14:27:41 -07'00'
Town Council Agenda Report
Date: November 8, 2022
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR THE HILLTOP HOUSE DEMOLITION
PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Director of Municipal Services Code Enforcement
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. Accept the work completed by LCR Earthwork & Engineering, Corp. for the Hilltop House Demolition Project for a total contract cost of $152,250.00 B. Direct the Town Clerk to file the Notice of Completion for the contract work.
C. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
BACKGROUND
The Apple Valley Hilltop House, once used as an entertainment and conference center, had fallen into disrepair after multiple fires and subsequent abandonment, becoming a public nuisance and safety concern. The unsafe and abandoned building had been condemned by the Town’s Building and Safety Department and fenced off, but was frequently accessed and vandalized.
The Project generally consisted of providing the necessary labor, equipment, and materials to completely demolish the remaining structure, remove and haul away all debris, final grading, and all other associated work in accordance with the project plans, standard specifications, special provisions, and as directed by the Director of Municipal Services. The project also included removal of approximately 30% of the vegetative cover that immediately surrounded the structure, asbestos and lead clearance, and debris removal. The top of the hill is now vacant and unimproved and will remain in that condition until future development is determined.
ANALYSIS
Town staff inspected the project area and deemed the work to be complete and acceptable.
FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2022-2023 budget using Community Development Block Grant (CDBG) funds (account 2120-4210-9220-0000).
ATTACHMENTS
A. Notice of Completion
Recording Requested by:
Town of Apple Valley
When Recorded mail to:
Town of Apple Valley
Town Clerk’s Office
14955 Dale Evans Parkway
Apple Valley, CA 92307
FOR RECORDER’S USE ONLY
Notice of Completion
This document is recorded at the request of and for the benefit of the Town of Apple valley, California, and is therefore exempt from the payment of the recording fee pursuant to Government Code Section 27383 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation code 11922.
NOTICE IS HEREBY GIVEN, that
1. The undersigned, Guy Eisenbrey, is the duly appointed and qualified Director of Municipal Services of the Town of Apple Valley, a municipal corporation of the State of California, and which is located within the County of San Bernardino, in said State, and the address of the undersigned is 14955 Dale Evans Parkway, Apple Valley, California 92307.
2. That on the 9
th day of August 2022, and pursuant to approval of the Town Council of the said Town, the Town entered into a contract with LCR Earthwork & Engineering, Corp., 3200 E. Guasti Road, Suite 100, Ontario, CA 91761 for the Hilltop House Demolition Project in the Town of Apple Valley in accordance with the Town of Apple Valley's Plans and Specifications.
3. That all of the said work or improvement was located on APN 3112-181-01, within the Town of Apple Valley.
4. That all of the said work or improvement contemplated in and under said contract was completed, and accepted by Council action, on November 15, 2022.
5. That the Surety on the Performance Bond of said Contractor and the surety on the Labor and Material Bond of said Contractor, under said contract, was and is $152,250.00 and $152,250.00.
6. Owners - Town of Apple Valley.
7. Nature of Interest – In fee/easement.
The undersigned, being the first duly sworn, says: That he is the duly appointed and qualified Director of Municipal Services of the Town of Apple Valley, the political subdivision of the state of California which conducted the proceedings for the improvement located at 14955 Dale Evans Parkway, in said Town, described or referred to in the foregoing Notice; and that he has read the foregoing "Notice of Completion;" and knows the contents thereof, and that the facts recited therein are true.
I certify under penalty of perjury the foregoing is true and correct.
Apple Valley, CA. November 15,2022
Guy Eisenbrey, Director of Municipal Services of the Town of Apple Valley, California
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
TOWN OF APPLE VALLEY )ss.
Town Council Agenda Report
Date: November 8, 2022
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR THE MICROSURFACE 2022
PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. Accept the work completed by VSS International as part of the Microsurface 2022 project for a total contract cost of $320,120.00.
B. Direct the Town Clerk to file the Notice of Completion for the contract work.
C. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
BACKGROUND
As part of the Town’s annual paving priorities, staff evaluated local roadways and determined priority areas in need of maintenance. The Project generally consisted of providing the necessary labor, equipment and materials for the application of microsurface and the replacement of new thermoplastic striping and raised pavement markers on local roads within the Town of Apple Valley.
ANALYSIS
Engineering staff inspected the project area and deemed the work to be complete and acceptable.
FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2022-2023 budget under Paving Priorities (2011-5010-9525-0000).
ATTACHMENTS
A. List of Segments.
B. Notice of Completion.
SEGMENTS LIST
Street From To
Apple Valley Rd Ohna Rd Falchion Rd
Falchion Rd Apple Valley Rd Outer I-15 S
Johnson Rd Navajo Rd Central Rd
Waalew Rd Navajo Rd Joshua Rd
Town Council Agenda Report
Date: November 8, 2022
To: Honorable Mayor and Town Council
Subject: AN ORDINANCE OF THE TOWN COUNCIL OF THE OF THE TOWN OF APPLE VALLEY, CALIFORNIA, AMENDING TITLE 8 OF THE
TOWN OF APPLE VALLEY MUNICIPAL CODE BY AMENDING
CHAPTERS8.10, 8.12, 8.13, 8.15 8.16, 8.18, 8.21, and 8.22, ADOPTING AS MODIFIED THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE VOLUMS 1, 2 INCLUDING THE APPENDIX AND
STANDARDS, THE 2022 EDITION OF THE CALIFORNIA
ELECTRICAL CODE, THE 2022 EDITION OF THE CALIFORNIA
PLUMBING CODE, THE 2022 EDITION OF THE CALIFORNIA
MECHANICAL CODE, THE 2022 EDITION OF THE CALIFORNIA
GREEN BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE, THE 2022 EDITION CALIFORNIA ENERGY
CODE AND ADOPTING OTHER REGULATIONS RELATING TO
BUILDING REQUIREMENTS.
From: Douglas Robertson, Town Manager
Submitted by: Patrick Carroll, Building Official
Building and Safety
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. .Move to open the Public Hearing and accept public Testimony.
B. Move to waive reading of Ordinance 558 in its entirety and read by Title only.ee fou.
C. Move to adopt Ordinance 558, An Ordinance of the Town Council of the Town of Apple Valley, California, amending Title 8 of the Town of Apple Valley Municipal Code.
ANALYSIS
At the October 11, 2022, Council meeting, the Town Council reviewed and introduced Ordinance No. 558. Ordinance No. 558 amends Title 8 of the Apple Valley Municipal Code, Chapters 8.10, 8.12, 8.13, 8.15, 8.16, 8.18, 8.21, and 8.22. Also at the October 11, 2022 Council Meeting, the Town Council of the Town of Apple Valley did:
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, stating that 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 Code 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 support the required findings for approval of an amendment to the Municipal Code and adopt the Findings.
C. Find that the proposed Town Ordinance is consistent with the goals and Objectives of the adopted Town of Apple Valley General Plan and that it is necessary to preserve the health, safety, and general welfare of the citizens of Apple Valley.
D. Direct staff to file a notice of exemption.
BACKGROUND
Effective July 1, 2022, the State of California has mandated the adoption of the 2022 Editions of the California Code of Regulations, Title 24, Parts 1-12, which includes the California Plumbing, Mechanical, Electrical, Residential, Green Building, and Energy Codes (Building Codes). These codes have gone through the triennial adoption cycle for code change by the State Building Standards Commission and the International Code Council. Subsequently they have passed the scrutiny of both national and state code professionals and will provide the Town of Apple Valley with the current minimum standards to safeguard property and the public welfare.
After the State Code is published, every City, Town and County throughout the state has the opportunity to adopt the codes with amendments based on local geological, topographical and/or climatic conditions. (b) Pursuant to Section 17958.5 of the Health and Safety Code of the State of California, The Town Council of the Town of Apple Valley hereby finds that the amendments of the building standards contained in the California Building Code, Volumes 1, 2, 2022 Edition are necessary do to:
(1) Local Climatic Conditions.
(A) The Town of Apple Valley is subject to extremely strong winds, commonly known as “Santa Ana Winds” which can reach speeds in excess of 90 miles per hour. Extensive damage frequently accompanies these winds, such as blowing sand and debris, downed power lines, fallen trees, overturned vehicles, and structural damage to buildings. These conditions result in increased demand for fire services, blocked or delayed emergency vehicle access and impaired water supplies and building emergency systems.
(B) During the summer months, the Santa Ana Winds may produce periods of extremely low humidity, thereby reducing the fuels moisture and increasing the possibility and severity of fire from dry vegetation and other common combustibles. (C) During the summer months, much of the Town experiences prolonged periods of temperatures in excess of 100°F. When coupled with sustained severe Santa Ana Winds, an increase in the threat from rapidly moving wildfires exists.
D) During the winter months, heavy rains routinely cause damage to roadways rendering them completely impassible, or with limited access, sometimes for extended periods. (E) During winter months, heavy snow and ice conditions exist in the hillside areas resulting in increased demand for fire services and limiting or delaying emergency vehicle access.
In some cases, emergency vehicle access roads are completely impassible, or have limited access, sometimes for extended periods.
2) Local Geological Conditions.
(A) The Town of Apple Valley is subject to moderately strong to severe shaking and surface ruptures resulting from known earthquake faults located within or near the Town. These local earthquake faults have the potential to cause severe personal and property damage, utility interruptions, fire hazards and hazardous materials releases. Additionally, significant roadway, bridge structure, water supply and communications systems are subject to failure, thereby causing a detriment to emergency services response.
(B) Unstable slopes in several areas throughout the Town have experienced soil movement as a result of heavy or soaking rains, resulting in damage to roadways, structures, and utilities.
(C) Some desert areas of the Town have limited aquifers, exceptionally deep aquifers, which may limit water supplies available for firefighting purposes. (3) Local Topographical Conditions.
(A) The Town of Apple Valley encompasses areas with limited access routes which may result in delays in the reallocation of resources to emergency scenes. (B) The topography of the Town is exceptionally diverse, ranging from relatively flat desert and valley areas, to hillside, and canyon areas, which may hamper emergency response capabilities.
(C) The diverse topography of the Town results in many areas having limited, water supplies available for firefighting purposes.
The proposed ordinance contains the same amendments to the Building Codes as the previous Ordinance No. 516 adopted in October 2019.
Staff does not foresee any significant controversy relative to the proposed adoption of the aforementioned codes since they are consistent with the current code amendments.
Based on the foregoing, staff recommends adoption of the form motion.
FISCAL IMPACT
None
ATTACHMENTS
A. Ordinance 558
ORDINANCE NO. 558
AN ORDINANCE OF THE TOWN COUNCIL OF THE OF THE
TOWN OF APPLE VALLEY, CALIFORNIA, AMENDING TITLE 8
OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE BY
AMENDING CHAPTERS 8.10, 8.12, 8.13, 8.15, 8.16, 8.18, 8.21 and 8.22, ADOPTING AS MODIFIED THE 2022 EDITION OF THE
CALIFORNIA BUILDING CODE VOLUMS 1, 2 INCLUDING THE
APPENDIX AND STANDARDS, THE 2022 EDITION OF THE
CALIFORNIA ELECTRICAL CODE, THE 2022 EDITION OF THE
CALIFORNIA PLUMBING CODE, THE 2022 EDITION OF THE
CALIFORNIA MECHANICAL CODE, THE 2022 EDITION OF THE
CALIFORNIA GREEN BUILDING CODE, THE 2022 EDITION OF
THE CALIFORNIA RESIDENTIAL CODE, THE 2022 EDITION
CALIFORNIA ENERGY CODE AND ADOPTING OTHER
REGULATIONS RELATING TO BUILDING REQUIREMENTS.
The Town Council of the Town of Apple Valley, California does ordain as follows:
SECTION 1. Findings
(a) Government Code Sections 50022.1 et. Seq., provide that ordinances and codes of the Federal, State, or any agency of either of them, may be adopted by reference, provided that prior to such adoption by reference a noticed public hearing has been held; and
(b) A copy of these codes and standards was filed with the office of the Town Clerk 15 days prior to the noticed public hearing.
(c) A noticed public hearing has been held by the Town Council, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting by reference the current editions of certain model codes, as follows:
California Building Code, 2022 Edition, Volumes 1, 2, with Appendices; California Electrical Code, 2022 Edition; California Plumbing Code, 2022 Edition; California Mechanical Code, 2022 Edition; California Residential Code, 2022 Edition, California Green Building Code, 2022 Edition; California Energy Code, 2022 Edition; and the International Property Maintenance Code 2022 Edition.
SECTION 2.
All prior enactments of the Town which are in conflict with this ordinance, including Ordinance No. 512, are hereby repealed, effective upon the date of which this Ordinance becomes effective and operative.
Ordinance No. 558
SECTION 3. Continuing Effect.
Notwithstanding Section 2 of this Ordinance, this Ordinance shall be construed as a continuation of said prior enactments as the same may have been heretofore amended from time to time, and compliance therewith prior to the effective date hereof shall be deemed to be compliance with the Ordinance unless provided otherwise herein.
SECTION 4.
Chapter 8.10 of Title 8 of the Town of Apple Valley Municipal Code is hereby amended to read as follows:
Chapter 8.10
General
SECTIONS:
8.10.010 Application of Title
8.10.020 Purpose
8.10.030 Scope
8.10.040 Fees
8.10.050 Substitutions of References
8.10.060 Copies
8.10.070 Administration of Title
8.10.080 Validity of Permits
8.10.090 Remedies Cumulative
8.10.100 Annual Permits
8.10.110 Penalty for Violation
8.10.120 Interpretation, Legal Procedure, and Penalties
8.10.130 Adoption of Supplements
810.010 Application of Title.
The provisions of this Title 8 shall apply to all buildings, structures and building service equipment within the Town and to all parts thereof except as specifically or by necessary implication provided otherwise in this Title.
8.10.020 Purpose.
The purpose of this Title is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating the design, construction, quality of materials, use and occupancy, location and maintenance of buildings, equipment, structures and grading within the Town; the electrical, plumbing, heating, comfort cooling and certain other equipment specifically regulated herein; and the moving of buildings within, into, from and through the Town.
Ordinance No. 558
8.10.030 Scope.
The provisions of this Title shall apply to the construction, alteration, moving, demolition, repair and use of all buildings, equipment, and structures within the Town, except such as is exempted by law from regulation by the Town.
Additions, alterations, repairs, moving and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures, except as otherwise provided in this Title.
Where in any specific case different sections of this Title specify different materials, methods of construction or installation, or other requirements, those providing the greater safety to life or limb, property welfare shall prevail. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
8.10.040 Fees.
(a) Fees authorized by this Title, or by a code adopted by reference in this Title, shall be established by ordinance or resolution of the Town in accordance with applicable law. The provisions of such resolution or ordinance shall govern in the event of an inconsistency between the resolution or ordinance and an adopted code.
(b) If a fee is authorized and established by a code adopted by this Title but the amount thereof has not been separately established by ordinance or resolution of the Town Council, then the amount of the authorized fee set forth in the incorporated code shall be assessed and collected. (c) A permit paid for by check or warrant which is dishonored for any reason shall be automatically revoked.
8.10.050 Substitutions of References.
Whenever in any of the Uniform California Codes adopted in this Division, or on or in any location there appears a reference to the following names or terms, those names or terms shall be deemed and construed as follows, to wit:
(a) City of or any other similar reference to a political entity shall mean the incorporated territory of the Town of Apple Valley. (b) “Director of Building and Safety”, “Electrical Safety Engineer”, “Administrative Authority” or any other similar term which makes reference to the individual official, board, department, or agency created by law to administer and enforce the provisions of the Codes adopted herein shall mean the Building Official and his or her Authorized Assistants.
(c) “City Council” shall mean the Town Council of the Town of Apple Valley.
Ordinance No. 558
8.10.060 Copies.
One copy of each Uniform Code adopted by this Title shall be kept on file in the office of the Town Clerk for reference use by the public.
8.10.070 Administration of Title.
The Building Official shall administer the provisions of this Title.
8.10.080 Validity of Permits.
Permits required by this Title shall be issued only in accordance with the provisions hereof. Any permit issued contrary to the provisions of this title shall be void and of no effect.
8.10.090 Remedies Cumulative.
Remedies provided to the Town for violations of this Title are cumulative with other remedies available to the Town, whether set forth in this Title or elsewhere. The convictions and punishment of a person for violating any provision of this Title shall not relieve such person of the obligation to comply herewith in all respects.
8.10.100 Annual Permits.
(a) Where any person, firm or corporation in the course of normal maintenance procedures proposes to install, alter or repair any electrical wiring, devices, appliances, plumbing, drainage systems, septic tanks, seepage pits, leaching lines, heating, ventilating, refrigeration or water conservation equipment in an existing facility located on property under the direct control of such person, firm or corporation and is able to, and does in fact, furnish inspection service which meets the requirements and rules and regulations of the Town of Apple Valley Municipal Code, and whose operations are under the continuous supervision of a professional engineer or engineers, duly registered with and licensed by the State of California, such person, firm or corporation shall not be required to obtain approval at each consecutive inspection step of the installation, alteration or repair but shall be required only to obtain an annual permit or annual permits and assure that the work in progress is accessible to the Building Official for such periodic inspections as he or she may deem necessary.
(b) The fee for each separate Annual Permit (Electrical, Plumbing, Mechanical) shall be based upon the number of employees doing work in the crafts covered in each Annual Permit in accordance with the Town of Apple Valley Municipal Code Schedule of Fees or such other applicable Town enactment.
(c) The designated responsible supervising engineer shall file with the Building Official a written report specifying the work done under the issued Annual Permit. Such written report shall be filed with the Building Official within thirty (30) days following the end of the fiscal year for which the permit was issued.
Ordinance No. 558
8.10.110 Penalty for Violation.
Where work for which a permit is required by the codes herein adopted is started or proceeded without first obtaining the required permit, a permit shall not be issued until all past due enforcement costs are paid. The enforcement costs are the actual costs, as specified in the Town of Apple Valley Municipal Code Schedule of Fees, or other applicable Town enactment, and must be paid on demand. The Building Official may use any legal means available to collect enforcement fees. The payment of such enforcement fees shall not relieve any persons from fully complying with the requirements of these Codes in the execution of the work nor from any other penalties prescribed herein. Any section in any of the codes herein adopted which is in conflict with this Section is hereby repealed.
8.10.120 Interpretation, Legal Procedure, and Penalties. (a) Interpretation.
In interpreting and applying the provisions of this Title, said provisions shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare.
(b) Penalties.
(1) Any buildings or structures erected or maintained, or any use of property contrary to the provisions of this Title shall be and the same is hereby declared to be unlawful and a public nuisance and the Town Attorney may, upon request of the Building Official, immediately commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to the provisions of this Division.
(2) All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.
(3) All other provisions of the Town Municipal
Code notwithstanding, any person violating or causing or permitting the violation of any of the provisions of this Chapter, or of any permit or exception granted hereunder, shall be guilty of an infraction or misdemeanor as hereinafter specified, and upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code.
Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein provided shall not relieve a person from the responsibility of correcting the condition resulting from the violation. In addition to the above penalties the Court may order that
Ordinance No. 558
the guilty person reimburse the Town for all of its costs for investigation, analysis and prosecution of the enforcement action against the guilty person.
The Court shall fix the amount of any such reimbursements upon submission of proof of such costs by the Town.
(4) A Notice of Pendency of Administrative Action or Proceeding may be filed in the County Recorder’s Office at the time of commencement of action or proceeding or at any time before final judgment or order. The County Clerk shall record and index the pendency of action in the name of each person specified in the action or proceedings. After all required work has been completed and approved, the Building Official shall cause to be recorded in the Office of the County Recorder a document terminating the above Notice. (5) In the event that any person, firm or corporation shall fail, neglect or refuse to demolish, remove, abate or correct a structure or condition existing in violation of this Title upon his or her or its property after a civil court order or criminal conviction obtained pursuant to this Section, the Town Manager may order the Building Official to demolish, remove, abate or correct the offending structure or condition. A statement of the cost of such work shall be transmitted to the Town Manager who shall cause the same to be paid and levied as a special assessment against the property.
8.10.130 Adoption of Supplements.
All Supplements to The California Building Code, The California Electrical Code, The California Plumbing Code, The California Mechanical Code, The California Residential Code, The California Green Building Code, The Uniform Solar Energy Code, The International Property Maintenance Code are hereby adopted and shall be applied to all development within the jurisdiction of the Town except that provisions which are inconsistent with this Title, or as to which the underlying provisions have been deleted by this Title, shall not be enforced or applied.
SECTION 5.
Chapter 8.12 entitled “California Building Code” is hereby amended to read as follows:
Chapter 8.12
CALIFORNIA BUILDING CODE
Section 8.12.010. Adopted.
The California Building Code, Volumes 1 & 2, 2022 Edition, as published by the California Building Standards Commission, including Appendix J and the Standards referred to therein, is hereby adopted and made part of this Chapter by reference, with the following modifications and additions.
Section 104.8. Liability.
The Building Official, or his/her authorized representative, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be
Ordinance No. 558
rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of act or omission in the discharge of such duties. A suit brought against the Building Official, agent or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by this jurisdiction.
The provisions of this section shall apply if the Building Official or his/her authorized representative are employees of this jurisdiction and shall also apply if the Building Official or his/her authorized representative are acting under contract as agents of the jurisdiction.
This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.” Section 105.5. Expiration
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 and, after its issuance, or if the work authorized on the site by such permit is suspended, abandoned or uncompleted for a period of 180 days after the work has commenced or 180 days past the last required inspection. The building official is authorized to grant one extension of time for not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated. No permit shall be extended more than once.
If work has been suspended or abandoned past 180 days, the permit shall be expired and new permit(s) issued. The fee for such renewal of permit(s) shall be one half of the original permit fee or one half of the fee of the current adopted fee schedule at the time of renewal. Permits which have been abandoned and require only final inspection may be reissued at minimum fee or as determined by the building official.
Offsite Improvements is added to Chapter 1, Division II Subsection 105 to read as follows:
Section 105.8 Deadline for Onsite and/or Offsite Improvements.
Onsite and/or Offsite Improvements required by the terms of the Municipal Code, Development Code, or other ordinances or applicable policies or regulations adopted by the Town, must be completed and approved prior to occupancy or prior to connection of utilities. A cash deposit may be submitted in lieu of onsite improvements if necessitated by climatic conditions, coordination of utilities or improvements, material shortages or labor strike.
A cash deposit may be submitted in lieu of offsite improvements under the following conditions:
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To facilitate preparations of the building(s) for an occupancy, utilities may be permitted to be connected provided the improvements are completed and approved prior to final occupancy approval.
If necessitated by climatic conditions, coordination of utilities or improvements, material shortages or labor strike, the cash deposit for the improvements may be increased to permit connection of the utilities and occupancy provided a Certificate of Occupancy will not be issued until the improvements are completed and approved.” Section 109.6 Refunds
Refunds for permits issued in error or permits issued for which no work has been started and have not been expired shall be determined by the Town Finance Department policy.
Section 110.1 Inspections General
To be amended to include. If work has not been completed for a requested inspection, plans are not available on site or access has not been provided a re-inspection fee shall be assessed as determined by the Building Official or his/her authorized representative.
Section 113.3. Board of Appeals Qualifications
The Town Council shall act as the Board of Appeals.
Section 1505.1 Roof Covering Requirements
The roof covering on any structure regulated by this Code shall be Class “A” as classified in Section 1505.2. Exception: Repairs of and additions to existing structures which requires the replacement or addition of 25% or less of the total roof area may be made using material matching the existing roof.
Appendix Chapter J, of the California Building Code 2022 Edition is amended to read as follows:
SECTION J103 Permits Required
Section J103.1
No person shall do any grading without first having obtained a grading permit from the Building Official except for the following:
1. Cemetery Graves
2. Refuse disposal sites controlled by other regulations.
3. Excavations for wells or tunnels or utilities.
4. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in pressure upon any adjacent or contiguous property.
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5. Exploratory excavations under the direction of soil engineers or engineering geologists.
6. Excavation for construction of a structure permitted under this code.
Section J103.3. Unsafe Grading Sites.
All sites which constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, or abandonment, or noncompliance with approved grading plans as specified in this Code are for the purposes of this Chapter unsafe grading sites. Further, whenever the Building Official determines by inspection that a site is dangerous to human life or property by reason of being located in an area which is unsafe due to a hazard from landslide, mudslide, settlement, displacement or slippage, such site shall for the purpose of this Chapter be considered unsafe, whether or not grading earth work has been performed. All such unsafe grading sites are hereby declared to be public nuisances and shall be abated by repair, in accordance with the procedures as set forth in Section 115 of the California Building Code Chapter 1 Division II and Section 8.10.120 of the Municipal Code.”
SECTION J104
J104.2.1. Grading Designation.
Grading in excess of 5,000 cubic yards (3,825 m3) or that is proposed to support any structure shall be designated as "engineered grading." All engineered grading shall be performed in accordance with an approved grading plan and specifications prepared by a Civil Engineer, unless otherwise required by the Building Official.
Grading involving less than 5,000 cubic yards (3,825 m3) and that will not support any structure shall be designated "regular grading" unless the permittee chooses to have the grading be designated as engineered grading, or the Building Official determines that, due to the existence of special conditions or unusual hazards, the grading should be designated as engineered grading.
J104.2.2. Regular grading requirements.
In addition to the provisions of Section J104.2, an application for a regular grading permit shall be accompanied by two sets of plans in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner, and the name of the person who prepared the plan.
The plan shall include the following information:
1. General vicinity of the proposed site.
2. Limits and depths of cut and fill.
3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4572 mm) of the proposed grading that may be affected by the proposed grading operations.
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4. Contours, flow areas, elevations, or slopes which define existing and proposed drainage patterns.
5. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements and restricted use areas.
6. Location of all recorded floodways.
J104.2.3 Engineered Grading Requirements.
In addition to the provisions of Section 106 and Section J104.2, an application for a permit for engineered grading shall be accompanied by four sets of plans and specifications and supporting data consisting of a soils engineering report and engineering geology report.
Specifications shall contain information covering construction and material requirements. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and shall show in detail that the proposed work will conform to the provisions of this Code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall depict the location of the proposed work, the name and address of the owner, and the person by whom they were prepared.
The plans shall include or be accompanied by the following information:
1. General vicinity of the proposed site.
2. Property limits and accurate contours of existing ground and details of terrain and area drainage.
3. Limiting dimensions, elevations, or finish contours to be achieved by the grading, proposed drainage channels, and related construction.
4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work. A map showing the drainage area and the estimated runoff of the area served by any drains shall also be provided.
5. Location of any existing or proposed buildings or structures located on the property on which the work is to be performed and the location of any buildings or structures on adjacent properties that are within 15 feet (4572 mm) of the property or that may be affected by the proposed grading operations.
6. Recommendations in the geotechnical report and the engineering geology report shall be incorporated into the grading plans or specifications. When approved by the Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, that are applicable to grading, may be included by reference.
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7. The dates of the geotechnical and engineering geology reports together with the names, addresses, and phone numbers of the firms or individuals who prepared the reports.
8. A statement of the quantities of material to be excavated and/or filled. Earth work quantities shall include quantities for geotechnical and geological remediation. In addition, a statement of the quantities of material to be imported or exported from the site.
9. A statement signed by the owner, acknowledging that a Field Engineer, Geotechnical Engineer, and Engineering Geologist, when appropriate, will be employed to perform the services required by this Code, when the Building Official requires that such professional persons be so employed.
10. Storm water provisions are required to be shown on the grading plan.
11. A drainage plan for those portions of property proposed to be utilized as a building site (building pad), including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs, and fences that may affect drainage.
12. Location and type of any proposed private sewage disposal system, including the location of the expansion area.
13. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements and restricted use areas.
14. Location of all recorded floodways.
15. Location of all Special Flood Hazard Areas as designated and defined in Title 44, Code of Federal Regulations.
SECTION J109 Drainage and Terracing
Section J109.5 Disposal.
All drainage facilities shall be designed to convey waters to the nearest practicable street, storm drain, or natural watercourse or drainage way approved by the Building Official or other appropriate governmental agency provided that the discharge of such waters at that location will not create or increase a hazard to life or property. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. Desilting basins, filter barriers, or other methods, as approved by the Building Official, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains, or natural watercourses. If the drainage device discharges onto natural ground, riprap, or a similar energy dissipater may be required.
Building pads shall have a minimum drainage gradient of 2 percent toward an approved drainage facility or a public street unless otherwise directed by the Building Official. A lesser slope may be approved by the Building Official for sites graded in relatively flat terrain, or where special drainage provisions are made,
Ordinance No. 558
when the Building Official finds such modification will not result in a hazard to life or property.
SECTION J110. Erosion Control
Section J110.1.1. Slopes.
The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion resistant character of the materials, such protection may be omitted.
Section J110.1.2.2. Wind Erosion Control Plans Required A written wind erosion control plan shall be submitted to the Building Official for approval prior to the issuance of a grading permit. This plan shall employ the use of one or more of the following measures:
Grading of tracts in small phases to minimize the amount of bare ground exposed at any one time;
The requirement to have water trucks on site and that they be used on a regular basis;
The use of approved chemical additives to water stabilize the soil crust; The use of hydro seeding.
The Building Official may at any time during or after grading has taken place require additional erosion measures be implemented if the measures contained in the wind erosion control plan are not achieving the desired result of preventing wind erosion of the soil.”
Section J110.2.3. Water Erosion Control Plans Required
A written water erosion control plan shall be submitted to the Building Official for approval for any grading performed. Water erosion control measures shall be required to be in place during this time period for all active grading projects and, if the Building Official deems it appropriate, any previously graded projects.
Ordinance No. 558
A new Section J 113 is hereby added to Appendix
Chapter J of the Appendix to The California Building Code, 2022 Edition, to read as follows:
SECTION J113 Grading Compatibility Review
J 113.1.1. Plans for single lot grading which are not part of a land subdivision grading plan shall be reviewed for approval by the Assistant Director of Community Development when any of the following exist:
Fills or cuts greater than 4 feet in height or depth from existing grade are proposed; or
A combination cut/fill slope having greater than 4 feet in vertical height is proposed; or
An area of 13,000 square feet or more is proposed to be graded unless:
It is determined by the Town Engineer that an area greater than 13,000 square feet is required to be graded for drainage purposed; or The lot is 18,000 square feet or less in area with an average slope of five percent (5%) or less and the grading is necessary as determined by the Town Engineer to help reduce the amount of import or export of dirt required to grade the site; or
Grading is proposed on slopes having a fifteen percent (15%) or greater grade.
Section J113.1.2. Assistant Director of Community
Development’s review and subsequent approval of the grading plans shall be based upon the following findings:
That the proposed grading conforms to the Town’s policy goal of preserving the extent feasible the natural contours of the land; and That the proposed grading conforms to the Town’s policy goal of minimizing land disturbance caused by grading; and
The proposed slope of the land complies with all applicable regulations and is not unreasonably severe; and
The proposal will not unreasonably interfere with light, air, or visibility of the general public or of adjacent neighbors; and
The proposal is planned so as to prevent unreasonable damage to or interference with surrounding property; and
The proposal is planning so as to avoid unreasonable interference with the health or safety of people.
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Section J113.1.2.1. Any grading resulting in a retention area that retain more than 18 inches of water must percolate within 72 hours.
Section J113.1.3. The decision of the Director of Community Development shall be final unless appealed in writing to the Planning Commission. The letter of appeal accompanied by an appeal fee as set by the Town Council must be received by the Assistant Director of Community Development within 10 days of said decision. The determination of the Planning Commission shall be final.
A new Section J114 is hereby added to Appendix Chapter J of the Appendix of the California Building code, 2022 Edition, to read as follows:
SECTION J114 Clearing Permit
J114.1. Permits Required. A person shall not clear or grub any vacant lot, or any developed lot exceeding one-half acre in size, without first obtaining a clearing permit from the Town. In the event that a grading permit has been issued with respect to the property, no clearing permit shall be required for that portion of the property covered by the grading permit.
J114.2. Findings and Decision. An application for a clearing permit shall not be approved unless the Building Official determines that the proposed clearing and grubbing will not result in significant blowing dust or erosion of topsoil.
J114.3. Exemptions. Persons shall be exempt from this Section in the event that:
They are required to remove vegetation at the request of the Apple Valley Fire Protection District, San Bernardino County Flood Control District or any other appropriate governmental agency. This shall be done by mowing not ground disturbance;
or The proposed grading activity is part of an existing bona fide agricultural activity; or
The County Agricultural Commissioner has given written notice that the proposed grading/clearing activity is required to perform a new bona fide agricultural activity. A bona fide agricultural activity must be served by a water distribution system adequate for the proper operation of such activity.”
Ordinance No. 558
SECTION 6.
Chapter 8.13 entitled the “California Residential Code” is hereby added to read as follows:
Chapter 8.13
CALIFORNIA RESIDENTIAL CODE
Sections 8.13.010. Adopted. The California Residential Code, 2022 Edition, prepared and published by the California Building Standards, is hereby adopted and made a part of this Chapter by reference, with the following modification.
Appendix Chapters AA, AB, AC, AD, AE, AF, AG, AI, AK, AL, AN, AP, AO, AR, AS, AT, AU, AV, AW & AY are deleted.
SECTION 7.
Chapter 8.15 entitled “California Green Building Standards” is hereby added to read as follows:
Chapter 8.15
CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections 8.15.010 Adopted. The California Green Building Standards Code, 2022 Edition, prepared and published by the California Building Standards, is hereby adopted and made part of this Chapter by reference.
SECTION 8
Chapter 8.16 entitled “California Electrical Code” is hereby amended to read as follows:
Chapter 8.16
CALIFORNIA ELECTRICAL CODE
Sections 8.16.010. Adopted. The California Electrical Code, 2022 Edition, prepared and published by the California Building Standards, is hereby adopted and made a part of this Chapter by reference.”
SECTION 9.
Chapter 8.18 entitled “California Plumbing Code” is hereby amended to read as follows:
Ordinance No. 558
“Chapter 8.18
CALIFORNIA PLUMBING CLODE
Sections 8.18.010 Adopted. The California Plumbing Code, 2022 Edition, prepared and published by the California Building Standards, including Appendices thereto and installation standards incorporated therein, is hereby adopted and made a part of this Chapter by reference.
SECTION 10.
Chapter 8.21 entitled “California Mechanical Code” is hereby amended to read as follows:
“Chapter 8.21
CALIFORNIA MECHANICAL CODE
Section 8.21.010 Adopted. The California Mechanical Code, 2022 Edition including Appendices and its standards incorporated therein, as published by the California Building Standards, is hereby adopted and made a part of this Chapter by reference.
SECTION 11.
Chapter 8.22 entitled “Uniform Energy Code” is hereby amended to read as follows:
“Chapter 8.22
CALIFORNIA ENERGY CODE
Sections 8.22.010 Adopted. The California Energy Code, 2022 Edition including Appendices and its standards incorporated therein, as published by the California Building Standards, is hereby adopted and made a part of this Chapter by reference.”
SECTION 12. Modifications.
The Town Council of the Town of Apple Valley hereby expressly finds that these regulations and provisions, and those of the codes adopted herein, are in compliance with Sections 17958 et seq. of the Health and Safety Code of the State of California and that a copy of this Ordinance shall be forwarded to the California Building Standard Commission of the State of California by the Town Clerk of the Town of Apple Valley, and said copy will serve to satisfy the requirements of filing of findings as stated in Section 17958.7 of the Health and Safety Codes of the State of California. Each of the foregoing modifications to the uniform code adopted by this Ordinance are reasonably necessary because of local climatic, geological or topographical conditions.
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SECTION 13. Effective Date.
This Ordinance shall become effective thirty (30) days from and after date of its adoption, but not prior to January 1, 2023.
SECTION 14. 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.
SECTION 15. Notice of Adoption.
The Town Clerk of the Town of Apple Valley shall certify to the adoption of the Ordinance and cause publication to occur in the 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.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 15 th
day of November, 2022.
_____________________________
Mayor, Kari Leon
Attest:
________________________________
Town Clerk, La Vonda M-Pearson
Approved as to Form: Approved as to Content:
____________________________ _________________________
Town Attorney, Thomas Rice Assistant Town Manager, Orlando Acevedo
Town Council Agenda Report
Date: November 15, 2022
To: Honorable Mayor and Town Council
Subject: PRESENTATION OF THE LOCAL ROAD SAFETY PLAN (LRSP) From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
It is recommended that the Town Council receive and file the Local Roadway Safety Plan (LRSP).
BACKGROUND
In October of 2019, the Town applied for and received a state funded grant to prepare a Local Roadway Safety Plan (LRSP) which is required for eligibility for future federally funded Highway Safety Improvement Plan (HSIP) Calls-for-Projects. Since the process of developing an LRSP can be tailored to local protocols, needs, and issues, staff elected to incorporate a component that focuses on the 17 school zones within the Town of Apple Valley. A Professional Services Agreement was awarded to Michael Baker International on July 28, 2020, and data collection began in August 2020. The school zone component was completed in May of 2022 with the deployment of updated signing and striping at each school.
ANALYSIS
The LRSP evaluated the top systemic Town-wide collision patterns and locations and provided recommendations and countermeasures to consider for future implementation.
Additionally, it included a comprehensive analysis of the seventeen (17) K-12 schools within the Town’s boundary, including the Apple Valley Unified School District (AVUSD), county, private, and charter schools. The document outlines the process of addressing existing challenges related to the Town’s roads and users with recommendations and countermeasures to improve overall traffic operations, accessibility, and roadway network layout for all modes of transportation.
The plan provides recommendations for the most appropriate, applicable, and available countermeasures from the Caltrans’ Local Roadway Safety Manual (LRSM) – Version
1.6, April 2022. This process was done for hotspot locations with specific challenge and emphasis areas to help reduce future collisions and enhance the traffic operations/conditions across the Town.
The School Zone component of the LRSP aims to ensure California Manual on Uniform Traffic Control Device (CA-MUTCD) school zone compliance within the Town. It will help maximize safety, assist with compliance enforcement, provide proper notifications for motorists, and accommodate the smooth transition of children, parents, and staff to and from school.
Town staff has been proactively incorporating recommendations identified in the plan.
Upgrades to the intersections of Bear Valley Road at Kiowa Road, Navajo Road, and Reata Road are currently in the latter design stages. Additionally, a protected left turn signal will be installed at the intersection of Navajo Road and Powhattan Road with design being finalzed and installation scheduled for this fiscal year. In May of 2022, all work for the school zone component of the plan was completed and accepted by Council.
FISCAL IMPACT
There is no fiscal impact associated with the acceptance of this report. The LRSP is a living document that will be evaluated and updated periodically with recommended projects incorporated into each fiscal year’s budget. The School Zone component will be analyzed with each new revision to the CA-MUTCD as appropriate.
ATTACHMENTS
A. Local Road Safety Plan
TOWN OF
APPLE VALLEY
LOCAL ROADWAY SAFETY PLAN (LRSP)
AND TOWN-WIDE SCHOOL ZONE ANALYSIS
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2022 Town of Apple Valley Local Roadway Safety
Plan (LRSP) and Town-Wide School Zone Analysis:
ACKNOWLEDGEMENTS
Project Management Team (PMT)
Town of Apple Valley
Consultant Team
Michael Baker International
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TOWN OF APPLE VALLEY
LOCAL ROADWAY SAFETY PLAN (LRSP) AND
TOWN-WIDE SCHOOL ZONE ANALYSIS
TABLE OF CONTENTS
ACKNOWLEDGEMENTS....................................................................................................................................................................... i TABLE OF CONTENTS .......................................................................................................................................................................... iii LIST OF FIGURES .................................................................................................................................................................................. v LIST OF TABLES.................................................................................................................................................................................... vi INTRODUCTION................................................................................................................................................................................... 1 A. BACKGROUND............................................................................................................................................................................. 1 B. PROJECT NEEDS, PURPOSE, AND GOALS.................................................................................................................................... 3 C. PROCESS ...................................................................................................................................................................................... 6 SECTION 1: ESTABLISH LEADERSHIP.................................................................................................................................................... 7
1.1 STAKEHOLDERS......................................................................................................................................................................... 7
1.2 STAKEHOLDER ENGAGEMENT MEETING.................................................................................................................................. 8
1.3 LITERATURE REVIEW .................................................................................................................................................................. 9 SECTION 2: ANALYZE SAFETY DATA ................................................................................................................................................. 10
2.1 COLLISION ANALYSIS ............................................................................................................................................................ 10
2.1.1 Town-wide Collision Statistics..................................................................................................................................... 10
2.1.2 Pedestrian and Bicycle Collisions.............................................................................................................................. 13
2.1.3 Comparative Collision Statistics ................................................................................................................................ 16
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2.1.4 Town Challenge Areas............................................................................................................................................... 20 SECTION 3: DETERMINE EMPHASIS AREAS ....................................................................................................................................... 24
3.1 INTERSECTION – HOTSPOT COLLISION LOCATIONS.............................................................................................................. 24
3.2 ROADWAY CORRIDOR – HOTSPOT COLLISION LOCATIONS................................................................................................ 30
3.2.1 State Route 18 (SR 18)................................................................................................................................................ 31
3.2.2 Bear Valley Road........................................................................................................................................................ 34
3.2.3 Apple Valley Road ..................................................................................................................................................... 36
3.2.4 Navajo Road............................................................................................................................................................... 38
3.2.5 Kiowa Road................................................................................................................................................................. 40
3.3 TOWN NON-SIGNALIZED COLLISION INTERSECTIONS .......................................................................................................... 42
3.3.1 Town Top 35 Hot Spot Locations ............................................................................................................................... 42
3.3.2 Town-wide Issues......................................................................................................................................................... 43 SECTION 4: IDENTIFY STRATEGIES ..................................................................................................................................................... 44
4.1 ENGINEERING COUNTERMEASURE STRATEGIES .................................................................................................................... 44
4.2 PROPOSED PROJECT SCOPES................................................................................................................................................ 51 SECTION 5: SCHOOL ZONE ANALYSIS ............................................................................................................................................. 53
5.1 TOWN-WIDE SCHOOL ZONE ANALYSIS................................................................................................................................. 53
5.1.1 Existing Condition Review Methodology.................................................................................................................. 54
5.1.2 Vehicle Code and Traffic Control Standards........................................................................................................... 55
5.1.3 School-Zone Related Compliance Review Analysis Methodology........................................................................ 55
5.2 RESULTS OF THE TOWN-WIDE SCHOOL ZONE ANALYSIS....................................................................................................... 61
5.2.1 Engineering and Traffic Surveys................................................................................................................................. 61
5.2.2 All-Way Stop Warrants................................................................................................................................................ 62
5.2.3 School Area Traffic Control Update.......................................................................................................................... 62
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SECTION 6: PRIORITIZE AND INCORPORATE STRATEGIES................................................................................................................ 63
6.1 FUTURE IMPLEMENTATION PLAN ............................................................................................................................................ 63
6.2 EXISTING TOWN TRAFFIC SAFETY PROGRAMS ...................................................................................................................... 65 APPENDIX A: TOWN-WIDE COLLISION DATA .................................................................................................................................. 67 APPENDIX B: SUMMARY OF PROJECT ALTERNATIVES..................................................................................................................... 68 APPENDIX C: REFERENCED CALIFORNIA VEHICLE CODE (CVC) SECTIONS ................................................................................. 69 APPENDIX D: TOWN-WIDE SCHOOL ZONE ANALYSIS REPORTS ..................................................................................................... 70 APPENDIX E: NON-SIGNALIZED LOCATIONS FOR COLLISION MONITORING ................................................................................ 71 APPENDIX F: STAKEHOLDER ENGAGEMENT MEETING ATTENDEES................................................................................................. 72
LIST OF FIGURES
Figure A.1 Project Location Map ..................................................................................................................................................... 2 Figure B.1 Traffic Safety Challenge Areas ....................................................................................................................................... 3 Figure B.2 The 5 E’s Strategy ............................................................................................................................................................. 4 Figure B.3 SMART Goals Strategic Action Plan ............................................................................................................................... 5 Figure 2.1 Town’s Top 3 Most Common Collision Types and Collision Causes............................................................................ 10 Figure 2.2 Town of Apple Valley Intersection Collision Severity Map .......................................................................................... 11 Figure 2.3 Town of Apple Valley Collisions Heatmap.................................................................................................................... 12 Figure 2.4 Town of Apple Valley Bicycle and Pedestrian Collisions Map.................................................................................... 14 Figure 2.5 Challenge Area Involvement in Fatalities and Serious Injuries.................................................................................... 20 Figure 3.1 Town of Apple Valley Top Collision Intersections Map................................................................................................ 25 Figure 3.2 SR 18 Collision Data Summary ....................................................................................................................................... 33
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Figure 3.3 Bear Valley Road Collision Data Summary .................................................................................................................. 35 Figure 3.4 Apple Valley Road Collision Data Summary................................................................................................................ 37 Figure 3.5 Navajo Road Collision Data Summary ......................................................................................................................... 39 Figure 3.6 Kiowa Road Collision Data Summary ........................................................................................................................... 41 Figure 5.1 ArcGIS Mobile Application Screen View...................................................................................................................... 54
LIST OF TABLES
Table C.1 Town LRSP Development Plan Summary ........................................................................................................................ 6 Table 1.1 List of Stakeholders and Involvement/Role ..................................................................................................................... 7 Table 2.1 Locations of High Pedestrian Collisions ......................................................................................................................... 15 Table 2.2 Locations of High Bicycle Collisions ............................................................................................................................... 15 Table 2.3 San Bernardino County and Town of Apple Valley Collision Comparison ................................................................. 17 Table 2.4 San Bernardino County and Town of Apple Valley Primary Collision Factors ............................................................ 18 Table 2.5 County of San Bernardino and Town of Apple Valley Collisions by Collision Type Summary ................................... 19 Table 2.6 Town Challenge Area General Targets and Recommended Strategies ................................................................... 23 Table 3.1 Collision Costs by Collision Severity ................................................................................................................................ 26 Table 3.2 Top 35 Intersection Collision Locations – By Total Collision Cost............................................................................. 27-29 Table 3.3 Top 5 Collision Corridors – By Total Number of Collisions.............................................................................................. 30 Table 3.4 Top Bear Valley Road Collision Intersections................................................................................................................. 34 Table 3.5 Top Apple Valley Road Collision Intersections.............................................................................................................. 36 Table 3.6 Top Town Non-Signalized Intersections by Collision...................................................................................................... 42 Table 4.1 Countermeasures General Information.................................................................................................................... 45-48
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Table 4.2 Proposed Countermeasure Recommendations (Signalized)...................................................................................... 49 Table 4.3 Proposed Countermeasure Recommendations (Non-Signalized).............................................................................. 50 Table 4.4 Town of Apple Valley Summary of Project Alternatives............................................................................................... 52 Table 5.1 Town of Apple Valley LRSP School List ........................................................................................................................... 53 Table 5.2 School Zone Traffic Controls ...................................................................................................................................... 58-60 Table 5.3 Engineering and Traffic Survey (E&TS) School Zone Locations .................................................................................... 61 Table 5.4 Town-wide School Area Traffic Control Update ........................................................................................................... 62 Table 6.1 Local Roadway Safety Plan (LRSP) Implementation Plan............................................................................................ 64 Table 6.2 Existing Traffic Safety Programs in the Town .................................................................................................................. 65
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INTRODUCTION
A. BACKGROUND
The Town of Apple Valley Local Roadway Safety Plan and Town-Wide School Zone Analysis identified, analyzed, and prioritized opportunities for roadway improvements on the local streets throughout the Town of Apple Valley (Town).
The Town has experienced explosive growth since its incorporation in 1988, more than doubling between 1990 and 2000. With the increase in population came an increase in vehicle traffic and, subsequently, opportunities for collisions on the Town’s roads. To address this, in 2020, the Town of Apple Valley received a Grant from the California Department of Transportation (Caltrans) to develop a Local Roadway Safety Plan (LRSP).
An LRSP provides a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local agency roads. Federal regulations require each state has a Strategic Highway Safety Plan (SHSP) that establishes goals, objectives, and emphasis (or challenge) areas to reduce traffic accident fatalities and serious injuries on all public roads. The LRSP is a means for providing local road owners with an opportunity to address unique highway safety needs in their jurisdictions while contributing to the success of the statewide Strategic Highway Safety Plan (SHSP). An SHSP is a living document routinely updated and revised by the state to evaluate the progress of goals and objectives and track fatal and severe injury collisions. In line with the state's SHSP, the Town’s LRSP is also a living document that will require future updates every three to five years or as needed.
This LRSP evaluated the top systemic Town-wide collision patterns and locations and provided recommendations and countermeasures to consider for future implementation. Additionally, it included a comprehensive analysis of the seventeen (17) K-12 schools within the Town’s boundary, including the Apple Valley Unified School District (AVUSD), county, private, and charter schools. Figure A.1 shows a map of the Town with the location of schools and school zones marked.
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Figure A.1 Project Location Map
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B. PROJECT NEEDS, PURPOSE, AND GOALS
The LRSP outlines the process of addressing existing challenges related to the Town roads and users, with recommendations and countermeasures to improve overall traffic operations, accessibility, and roadway network layout for all modes of transportation. The School Zone component of the LRSP aims to ensure California Manual on Uniform Traffic Control Device (CA-MUTCD) school zone compliance within the Town. It will help maximize safety, assist with compliance enforcement, provide proper notifications for motorists, and accommodate the smooth transition of children, parents, and staff to and from school. While the Town and AVUSD have focused on Safe Routes to Schools (SRTS) projects over the past few years, the LRSP will further assess the need to ensure CA-MUTCD compliance at all schools as Town-wide traffic safety challenge areas. It will be reviewed and revised as a living document every three to five years or as needed.
In aligning with California’s SHSP, California Safe
Road: 2020- 2024 SHSP (2020-2024 SHSP), the LRSP
was prepared in collaboration with Town staff and
partner stakeholders to identify safety "challenge
areas. Figure B.1 shows a list of the sixteen (16)
Challenge Areas that helped determine which
areas to focus resources and efforts in the Town.
Based on the LRSP’s recommendations, the Town
will seek opportunities to implement action items
that support traffic safety strategies related to the
pertinent challenge areas. Outlined in the 2020-
2024 SHSP is the 5 E’s of Traffic Safety strategies that include Education, Enforcement, Engineering,
Emergency Response and Emerging Technologies
(Figure B.2) and the SMART Goals Strategic Action
Plan (Figure B.3) that will be followed as part of the
overall approach for the Town LRSP development.
CHALLENGE AREAS
Figure B.1 Traffic Safety Challenge Areas
(Source: 2020-2024 Strategic Highway Safety Plan)
CHALLENGE AREAS
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Figure B.2 The 5 E’s Strategy
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Figure B.3 SMART Goals Strategic Action Plan
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C. PROCESS
Guidance on developing an LRSP is provided at both the federal (Federal Highway Administration) and state (Caltrans) levels. Notably, both emphasize the “Local” aspect with the goal that the LRSP be tailored to address local agency needs, issues, and protocols. The Caltrans development process for preparing an LRSP includes six (6) steps to 1) Establish Leadership, 2) Analyze Safety Data, 3) Determine Emphasis Areas, 4) Identify Strategies, 5) Prioritize and Incorporate Strategies, and 6) Evaluate and Update. Below in Table C.1 is the outline summary of the Caltrans six-step LRSP process approach used in developing the Town’s LRSP.
Table C.1 Town LRSP Development Summary
LRSP Steps Town Specific Approach
1. Establish Leadership Identified Stakeholders to provide input and feedback on the safety plan and the Strategic Highway Safety Plan (SHSP) Challenge Areas.
2. Analyze Safety Data Analyzed SWITRS and Crossroads collision data using “Quantitative methods” to outline collision trends.
3. Determine Emphasis Areas
Based on the Town-wide collision trends and data for the top locations (i.e., hot spots), the LRSP determined emphasis areas and appropriate site, systemic, or comprehensive approaches.
4. Identify Strategies
After an approach was determined, the LRSP defined each safety goal, identified countermeasures that correlate, and included costs, benefits, and deployment levels for each countermeasure to satisfy the safety goal.
5. Prioritize and Incorporate
Strategies
The LRSP outlines courses of action for the selected emphasis areas and countermeasure projects for HSIP and other grant program funding. Once funding is secured, construct and monitor crash history with improvements.
6. Evaluate and Update
The LRSP provides a roadmap for future updates and evaluations every 3-5 years. Additionally, it establishes a compliance monitoring program that will be monitored and used by engineering and public works staff.
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SECTION 1: ESTABLISH LEADERSHIP
1.1 STAKEHOLDERS
An LRSP provides a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local and rural roads. The Town LRSP was prepared in collaboration with stakeholders that included staff from Town departments, emergency response services, and local school officials, listed in Table 1.1 and Appendix F. These stakeholders were chosen due to their knowledge of the Town and their ability to provide input on the Town’s safety needs from a non-quantitative perspective for information related to potential collision causes, driver behavior, and locations. Additionally, these specific stakeholders were also selected to help identify potential “SHSP Challenge Areas” of safety and be partners in assisting with developing and implementing some of the traffic safety strategies.
Table 1.1 List of Stakeholders
List of Stakeholders
San Bernardino County Sheriff’s Department (SBCSD) – Apple Valley Police Department Apple Valley Fire Protection District (AVFPD)
Town of Apple Valley Public Works, Engineering, Risk Management, and Parks and Recreation American Medical Response (AMR)
Apple Valley Unified School District (AVUSD)
AVUSD Police
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1.2 STAKEHOLDER ENGAGEMENT MEETING
A Stakeholder Engagement Meeting was held at the Town of Apple Valley Town Hall – DSB Conference Room 1 on Tuesday, August 9, 2022. There was a total of fourteen (14) attendees at the meeting representing multiple agencies to include Town employees, local law enforcement, fire, and emergency medical response (see Table 1.1).
The project team members recorded participant comments and observations regarding the operation of the corridors and intersections. Including, but not limited to, operations, accessibility, and driver characteristics.
The information acquired from the collision data analysis (discussed in Section 2) was utilized in preparation for the meeting. Attendees shared their comments and provided feedback on the different SHSP Challenge Areas determined as critical factors to focus resources and efforts. Countermeasures were also introduced to give stakeholders a better understanding of the project team’s process in developing the LRSP, namely the selection of the countermeasures and their benefits to the Town of Apple Valley.
Feedback received from the meeting was assessed to develop the Project Alternatives shown in Section 4.2.
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1.3 LITERATURE REVIEW
Before the data collection and analysis process began, the project team evaluated existing literature relevant to the Plan and study corridor. These include all Town, regional, and state planning reports and documents guiding the development of the Town and its future improvements. The following documents were reviewed and used as supporting reference information:
• Town of Apple Valley 2009 General Plan – used to identify and address existing and future traffic safety issues in the Town to promote growth and improve Town residents' and visitors' quality of life. • Measure I 2010-2040 Strategic Plan (San Bernardino Associated Governments) – used to ensure utilized grant funding complies with the goals defined by the Measure I Strategic Plan. • San Bernardino County Active Transportation Plan – Regional Safe Routes to School Plan (September 2017) – used to identify how the San Bernardino County Active Transportation SRTS plan reflects current and future projects in the Town. • 2020-2024 Strategic Highway Safety Plan – used to identify safety challenge areas and rank its impact on collision fatalities. • Town of Apple Safe Routes to School (SRTS) Master Plan – used to evaluate general changes in traffic activity due to projects implemented by the SRTS Master Plan and serves as the previous iteration of this LRSP.
The project team also obtained all available and pertinent documents, maps, collision information, and other existing data for the School Zone Traffic Safety Analysis. A list of items requested includes, but is not limited to, the following:
• List of Key Stakeholder contact information: Town Staff, Police Departments, School Districts, Principals, etc. • Town collision reports from Local Town police, School District Police, and Crossroads database • Available data provided by the school districts and schools relating to attendance boundaries and student households • Available 85th percentile speed surveys
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SECTION 2: ANALYZE SAFETY DATA
2.1 COLLISION ANALYSIS
As part of the development of the Town of Apple Valley’s LRSP, the traffic collision history for five years, from January 1, 2016, to December 31, 2020, was taken from the Statewide Integrated Traffic Records System (SWITRS). This information is used to identify motorist and pedestrian collision trends and propose roadway improvements that could help reduce collision rates across Town. A summary of the collisions in the County, Town, corridor, and intersection level are shown in this section.
2.1.1 Town-wide Collision Statistics
The Town of Apple Valley experienced 2,211 collisions between 2016 and 2020. Figure 2.1 highlights the SWITRS data's top three (3) most common collision types and collision causes. A detailed analysis of this information is discussed in the subsequent sections. Figure 2.2 shows a map of the Town's intersection collisions by collision severity. The data acquired includes the total number of collisions, collision severity, collision types, and other collision information.
Shown in Figure 2.3 is a collision density heat map showing the concentrations of high collisions, "Hot Spots." Figure 2.1 Town’s Top 3 Most Common Collision Types and Collision Causes Additional information on all Town-wide collision data, including collisions by year, day of the week, time of day, and motor vehicles involved with, are listed in Appendix A.
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Figure 2.2 Town of Apple Valley Intersection Collision Severity Map
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Figure 2.3 Town of Apple Valley Collisions Heatmap
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2.1.2 Pedestrian and Bicycle Collisions
Pedestrian and bicycle collisions are 4.2% of the total collisions in the Town. Figure 2.4 shows a map of all of the Town’s bicycle and pedestrian collisions. With this, fatal and severe injuries resulting from pedestrian and bicycle collisions were evaluated, with some insights shown below.
PEDESTRIAN COLLISIONS
• Seventy (70) collisions in the Town involved pedestrians, and sixty-five (65) were injury collisions. • Pedestrian Violation is the highest primary collision factor (PCF) for fatal pedestrian collisions in the Town, with 16 of 53 (30%) and 44 of 70 (63%) total pedestrian collisions. A pedestrian violation occurs when a pedestrian fails to yield the right-of-way to all incoming vehicles on the roadway, resulting in a collision.
• Pedestrian Right-of-Way is one of the lowest primary collision factor violations with one (1) fatal and severe pedestrian collision (Jess Ranch Parkway and Town Center Drive) and accounted for 8 of 70 (11%) total pedestrian collisions. Pedestrian right-of-way is when a vehicle driver fails to yield to pedestrians crossing the roadway resulting in a collision. • 30% of collisions occurred during the night and no street-light hours.
BICYCLE COLLISIONS
• Twenty-three (23) of the collisions in the Town involved bicyclists, and twenty (20) were injury collisions (0 fatal and 2 severe).
• Bicyclists accounted for 0% of fatal collisions compared to California’s average of 4%. • Bicyclists accounted for 3% of severe collisions compared to California’s average of 8%. • 83% of collisions occurred during daylight and dark-street light hours.
The study also looked at the top corridor locations for pedestrian and bicycle collisions in the Town over the five-year period from 2016 to 2020. Shown in Table 2.1 are the top 10 corridor locations for pedestrian collisions and shown in Table 2.2 are the top 10 bicycle collision corridors. Section 3 will further discuss emphasis areas determined based on the LRSP’s analysis of the Town’s collision history.
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Figure 2.4 Town of Apple Valley Bicycle and Pedestrian Collisions Map
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Table 2.1 Locations of High Pedestrian Collisions
Table 2.2 Locations of High Bicycle Collisions
1 State Route 18 (SR 18) 7 2 7 1 1 18
2 Navajo Road 4 1 1 1 1 8
3 Bear Valley Road 3 1 1 3 0 8
4 Kiowa Road 2 0 3 1 0 6
5 Apple Valley Road 0 0 0 3 0 3
6 Central Road 0 1 0 0 1 2
7 Dale Evans Parkway 0 1 1 0 0 2
8 Thunderbird Road 0 1 0 1 0 2
9 Havasu Road 0 1 1 0 0 2
10 Town Center Drive 1 0 0 0 0 1
17 8 14 10 3 52
32.69% 15.38% 26.92% 19.23% 5.77% 100.00%
HIGH PEDESTRIAN COLLISION LOCATIONS
Rank Intersection Name Ped Fatal Ped Severe Ped Other
Visible
Ped Complaint
of Pain
Ped Property
Damage Only Ped All
Total for Each Type
Percent of Total
1 State Route 18 (SR 18) 0 0 2 2 0 4
2 Navajo Road 0 0 0 1 1 2
3 Bear Valley Road 0 0 1 0 0 1
4 Kiowa Road 0 1 1 0 0 2
5 Apple Valley Road 0 0 1 0 1 2
6 Dale Evans Parkway 0 0 0 1 1 2
7 Iroquois Road 0 1 1 0 0 2
8 Central Road 0 0 0 1 0 1
9 Powhatan Road 0 0 1 0 0 1
10 Rincon Road 0 0 1 0 0 1
0 2 8 5 3 18
0.00% 11.11% 44.44% 27.78% 16.67% 100.00%
Total for Each Type
Percent of Total
HIGH BICYCLE COLLISION LOCATIONS
Rank Intersection Name Bike Fatal Bike Severe Bike Other Visible
Bike Complaint
of Pain
Bike Property
Damage Only Ped All
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2.1.3 Comparative Collision Statistics
The collision information provided in Sections 2.1.1 and 2.1.2 provide the benchmark or baseline of the Townwide collisions that will be evaluated and monitored for future LRSP updates. This information offers some insight into local Town issues, but statistically, a local comparison baseline is also needed to evaluate the magnitude and severity of identified areas. For this, the LRSP provided a comparison with the County of San Bernardino's countywide collision averages and totals from SWITRS for the same five-year period for context to identify the Town's specific areas of concern or trends.
This comparison of the collision data between the County of San Bernardino and the Town of Apple Valley is shown in Tables on the following pages, which areas shown in bold notes where the Town has higher averages than the County. Table 2.3 notes collision totals reported by collision severity type and motor vehicle involved.
Summarized in Table 2.4 are the primary collision factors (PCFs) comparison for the Town of Apple Valley and San Bernardino County. Provided in Table 2.5 are statistics on collision types at the county and town levels, with percentages and the total number of collisions by type, as well as a breakdown of the same information for fatal and severe injury collisions.
From this comparison summary, shown below are some of the notable statistics and trends for the Town:
• Town collisions represent a total of 8.5% of the total County collisions. • The overall percentage of pedestrian collisions in the Town of Apple Valley is higher than the County of San Bernardino’s percentage.
• The percentage of fatal and severe injury collisions in the Town of Apple Valley (5.2%) is higher than the County of San Bernardino’s (3.2%) percentage. • The primary collision factor (PCF) violation, automobile right-of-way, is 3.8% higher for the Town than the County.
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Table 2.3 San Bernardino County and Town of Apple Valley Collision Comparison
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Table 2.4 San Bernardino County and Town of Apple Valley Primary Collision Factors
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Table 2.5 County of San Bernardino and Town of Apple Valley Collisions by Collision Type Summary Collision Type Count Percent Fatal/Severe Injuries Count Fatal/Severe Injuries Percent Broadside 8,021 31% 241 29%
Rear-End 6334 24% 60 7%
Hit Object 3,413 13% 85 10%
Sideswipe 3,476 13% 27 3%
Head-On 2,238 9% 111 13%
Not Stated 756 3% 21 3%
Overturned 640 2% 62 7%
Vehicle/Pedestrian 719 3% 204 25%
Other 393 2% 19 2%
Total 25,990 100% 830 100%
Collision Type Count Percent Fatal/Severe Injuries Count Fatal/Severe Injuries Percent Broadside 718 32% 32 28%
Rear-End 490 22% 11 9%
Hit Object 316 14% 15 13%
Sideswipe 264 12% 4 3%
Head-On 165 7% 16 14%
Not Stated 85 4% 2 2%
Overturned 79 4% 7 6%
Vehicle/Pedestrian 59 3% 27 23%
Other 35 2% 2 2%
Total 2,211 100% 116 100%
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2.1.4 Town Challenge Areas
For statewide comparison, the project
reviewed the traffic safety challenge
areas defined by the 2020-2024 SHSP to
determine key “local” study areas
applicable to the Town of Apple Valley.
Shown in Figure 2.5 are 14 of the 16
challenge areas noted in the SHSP and
the appropriate percentage of the fatal
collision and severe collisions attributed
to each from collision data taken from
2008-2017.
A review of the Town's collision
information compared the data with the
State's SHSP numbers to help determine
applicable Challenge Areas for the
Town. The previous comparison with San
Bernardino County statistics was also
considered in this review, along with
feedback from the Town's stakeholders
on each challenge area.
Four (4) key challenge areas, goals, and
strategies for the Town were identified
based on the quantitative review and
stakeholder input. A summary of these
items is discussed on the following page.
Figure 2.5 Challenge Area Involvement in Fatalities and Serious Injuries (Source: 2020-2024 SHSP)
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INTERSECTIONS
Collisions are identified as occurring at an intersection or involving a train/rail vehicle. Within the Town, a disproportionate number of collisions occur within the extent of an intersection. Some key intersection collision statistics are below:
• 51.5% of the Town’s collisions occurred at an intersection, with 72.5% within 250 feet of an intersection. • 67% of the Town’s fatal (29) and severe (49) collisions occurred within 250 feet of an intersection. o 22% of all Town fatal (12) and severe (13) collisions were within 250 feet of signalized intersections. o 45% of all Town fatal (17) and severe (36) collisions were within 250 feet of non-signalized intersections (stop-controlled locations).
• 75% of intersection collisions were attributed to the primary collision factor of automobile right-of-way, unsafe speed, traffic signals and signs, and improper turning.
STATE COMPARISON
• Intersections accounted for 55% of fatal collisions in the Town compared to California's average of 20%. • Intersections accounted for 37% of severe collisions in the Town compared to California's average of 24%.
AGGRESSIVE DRIVING
Aggressive driving behaviors include driving too fast, tailgating, ignoring stop signs and signals, and other reckless driving maneuvers. This challenge area was flagged based on some key statistics below:
• Unsafe speed (28.4%) is the top primary collision factor violation in the Town. • High rate of rear-end (22%), overturns (4%), and fixed object (21%) collisions are often associated with aggressive driving.
STATE COMPARISON
• Aggressive driving was 32% of fatal collisions in the Town compared to California's average of 33%. • Aggressive driving was 35% of severe collisions in the Town compared to California's average of 34%.
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PEDESTRIANS
Motor vehicles involved in a collision with a pedestrian. This challenge area was flagged based on higher county and state collision statistics. Statewide, the SHSP notes:
• This category's top primary collision factor is Pedestrian Violation (50%). As mentioned in Section 2.1.2, it accounts for 63% of the Town’s total pedestrian collisions. A pedestrian violation occurs when a pedestrian fails to yield the right-of-way to all incoming vehicles on the roadway, resulting in a collision.
STATE COMPARISON
• Pedestrians accounted for 32% of fatal collisions in the Town compared to California's average of 23%. • Pedestrians accounted for 19% of severe collisions in the Town compared to California's average of 15%.
LANE DEPARTURE
Lane departure, as defined by the SHSP, includes head-on, hit object, overturned collisions, and instances where a vehicle runs off the road and crosses into an opposing lane prior to a collision.
Notably, hit object is the Town’s third highest PCF. This challenge area was based on the following key statistics:
• 21% of motor vehicle involved with collisions: fixed object, parked vehicle, or vehicle on another roadway • Town’s Primary Collision Factor (PCF) violations: Improper Turning (9.5%), Unsafe Lane Change (3.0%), Wrong side of Road (3.2%), and Improper Passing (1.6%)
STATE COMPARISON
• Head-on (13%), Fixed Object (14%), and Overturned (7%) account for 38% of all fatal and severe collisions in the Town versus California's 46%. Though this number is lower than the states, the percentage seems to be reduced based on other challenge areas inflated numbers of Fatal & Severe collisions.
Based on the findings above, the Town will seek out opportunities to implement action items that support overarching strategies related to the applicable challenge areas by incorporating the 5 E's of Traffic Safety strategy. Table 2.6 summarizes the challenge areas, general target goals, and proposed strategies to be implemented Town-wide and in certain Emphasis Areas. These items are also discussed in Section 3 of the LRSP regarding "Emphasis Areas" specific to the roadway and intersection locations with high frequency and/or severe collisions.
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Table 2.6 Town Challenge Area General Targets and Recommended Strategies Reduce the average number of collisions within 250 feet of intersections. From 2016-2020, there were 2,211
collisions (an average of 336.6 per year).
ENGINEERING: Reduce the number of conflict points and/or provide better guidance for motorists by implementing
effective countermeasures at "hot spot" intersections.
ENFORCEMENT/ENGINEERING: Keep conditions up to date
regarding speed limits, school zones, and traffic control in general.
EMERGING TECHNOLOGY: Implement Town Traffic Signal System to provide a means of automated traffic control and
surveillance.
Reduce the number of collisions related to Aggressive
Driving, including the Town’s top primary collision factor, Unsafe Speed.
EDUCATION: Change the driving culture by conducting and supporting public education and outreach activities that elevate the awareness of the dangers of aggressive driving.
Identify hot spots and corridors for Aggressive Driving collisions.
ENGINEERING: Implement effective countermeasures that
discourage unsafe speeds and encourage compliance.
ENFORCEMENT: Town teams with local law enforcement
targeting aggressive driving hot spots.
Reduce the total number of Pedestrian collisions and/or percentage of injury collisions.
ENGINEERING: Improve bicycle and pedestrian infrastructure for locations where “Complete Streets” and gap closures can be achieved with growing traffic and pedestrian/bicycle volumes.
Reduce “Pedestrian Violation” PCF for Fatal collisions in the Town.
ENGINEERING: Incorporate effective countermeasures and
roadway safety lighting at intersection crosswalks.
Reduce the number of pedestrian collisions during night and no street-light hours.
EDUCATION: Conduct public education and outreach to raise awareness of pedestrian and bicyclist road rules (pedestrian violation, wrong way bike riding, etc.).
ENGINEERING: Reduce the number of conflict points and/or provide better guidance for motorists at intersections.
ENGINEERING: Implement effective countermeasures for
problem intersections.
Aggressive Driving
Pedestrians
Lane Departure
Maintain the percentage of fatal and severe collisions in the Town to be less than California's. With the reduction, the percentage seems to be reduced based on other
challenge areas' inflated numbers of fatal and severe
TOWN CHALLENGE AREA GENERAL TARGETS AND RECOMMENDED STRATEGIES Challenge Area General Targets Recommended Strategies
Intersections
Identify collision "hot spots" and corridors with deficient systemic/segment intersection conditions.
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SECTION 3: DETERMINE EMPHASIS AREAS
3.1 INTERSECTION – HOTSPOT COLLISION LOCATIONS
Of the Town's 2,211 collisions from 2016-2020, a substantial portion occurred at roadway intersections (51.5%).
Geographically, a majority of the collisions within 250 feet of intersection approaches are still attributable to intersection control (rear-end, sideswipe, etc.). With this focus, "hot spot intersection” locations were identified within the Town using the collision data and GIS mapping. It was compiled based on the total number of collisions within 250 feet of an intersection. The Top 35 intersection collision locations were sorted from the highest to the lowest rate of collisions, as listed and shown on the map in Figure 3.1.
The Top 35 intersections were studied as the cutoff point for locations in the Town with ten (10) or more collisions within five years. In the review of the Top 35 intersections, collisions occur primarily along two corridors: State Highway 18 (SR 18) with fourteen (14) and Bear Valley Road with eight (8). There are twenty-four (24) signalized intersections and eleven (11) non-signalized intersections in the Top 35 locations. Each location was studied with different countermeasures and solutions. These locations were evaluated individually to review layout, emphasis area issues, trends, identification of challenge areas, and determination of potential countermeasures.
Using the total number of collisions highlights locations with high collision frequency, which is an indicator for the LRSP and Town to review for safety issues, including negligent driver behaviors. The other focus area is collision severity which also plays a factor. Calculating costs associated with benefit/cost (B/C) ratios are a way to measure collision severity. Collision costs were calculated based on the related costs by collision severity, specifically for fatal and severe collisions and location type (signalized versus non-signalized). The total collision costs based on the collision severities in each of the Top 35 locations are listed in Table 3.1 to provide a context of "Hot Spot" severity. Based on the acquired collision data, this information will be used for benefit/cost ratio calculations when applying for grant funding from the Highway Safety Improvement Program (HSIP). Section 5 will discuss this in more detail.
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Figure 3.1 Town of Apple Valley Top Collision Intersections Map 1 Apple Valley Rd & SR-18 S 55
2 Apple Valley Rd & Bear Valley Rd S 44
3 Bear Valley Rd & Kiowa Rd S 42
4 Bear Valley Rd & Jess Ranch Pkwy S 41
5 Kasota Rd & SR-18 S 37
6 Navajo Rd & Powhatan Rd S 34
7 Navajo Rd & SR-18 S 33
8 Rancherias Rd & SR-18 S 33
9 Bear Valley Rd & Deep Creek Rd S 32
10 Bear Valley Rd & Navajo Rd S 29
11 Bear Valley Rd & Reata Rd S 28
12 Kiowa Rd & SR-18 S 28
13 SR-18 & Tao Rd S 26
14 Apple Valley Rd & Yucca Loma Rd S 25
15 Bass Hill Rd & SR-18 S 22
16 Central Rd & SR-18 S 21
17 Corwin Rd & SR-18 S 20
18 Dale Evans Pkwy & SR-18 S 19
19 Bear Valley Rd & Westmont Dr S 19
20 Bear Valley Rd & Central Rd S 16
21 Jess Ranch Pkwy & Market Place Dr S 15
22 Serrano Rd & Zuni Rd NS 12
23 Flathead Rd & SR-18 S 12
24 Dale Evans Pkwy & Waalew Rd NS 12
25 Rimrock Rd & SR-18 NS 11
26 Mondamon Rd & SR-18 NS 11
27 Rincon Rd & Yucca Loma Rd NS 11
28 Navajo Rd & Ramona Av NS 11
29 Kiowa Rd & Rancherias Rd NS 10
30 Navajo Rd & Ottawa Rd NS 10
31 Kiowa Rd & Yucca Loma Rd NS 10
32 Pawnee Rd & SR-18 NS 10
33 Apple Valley Rd & Pimlico Rd S 10
34 Apple Valley Rd & Sitting Bull Rd S 10
35 Rancherias Rd & Thunderbird Rd NS 10
TOP 35 COLLISION INTERSECTIONS
Rank Intersection Name I/S
Type Total
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Table 3.1 Collision Costs by Collision Severity
3 Signalized Intersection $ 1,787,000.00
3 Non-Signalized Intersection $ 2,843,000.00
3 Roadway $ 2,461,000.00
2 Evident Injury - Other Visible (B) $ 159,900.00
1 Possible Injury - Complaint of Pain (C) $ 90,900.00
0 Property Damage Only (O) $ 14,900.00
** Fatality and Severe Injury Combined (KA)
* The letters in parenthesis (K, A, B, C, and O) refer to the KABCO scale; it is commonly used by law enforcement agencies in their crash reporting efforts and is further documented in the HSM. ** Figures were calculated based on an average Fatality (K)/Severe Injury (A) ratio for each area type, a collision cost for a Fatality (K) of $8,112,200, and a collision cost of a Severe/Disabling Injury (A) of $437,100.
These costs are used in the HSIP Analyzer.
*** Based on Table 7-1, Highway Safety Manual (HSM), First Edition, 2010. Adjusted to 2022 Dollars.
COLLISION COSTS BY COLLISION SEVERITY
Severity (S) Collision Severity* Location Type Collision Cost***
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Table 3.2 Top 35 Intersection Collision Locations – By Total Collision Cost I/S = Intersection, S = Signalized Intersection, NS = Non-Signalized Intersection, PDO = Property Damage Only 1 10 Apple Valley Rd &
SR 18
S 55 0 1 2 9 43 $ 3,565,600.00
2 2
Apple Valley Rd &
Bear Valley Rd
S 44 1 1 4 11 27 $ 5,615,800.00
3 3
Bear Valley Rd &
Kiowa Rd S 42 1 1 2 13 25 $ 5,448,000.00
4 19 Bear Valley Rd &
Jess Ranch Pkwy
S 41 0 0 5 8 28 $ 1,943,900.00
5 17 Kasota Rd &
SR 18
S 37 0 1 2 4 30 $ 2,917,400.00
6 22 Navajo Rd &
Powhatan Rd
S 34 0 0 3 10 21 $ 1,701,600.00
7 11 Navajo Rd &
SR 18
S 33 0 1 4 8 20 $ 3,451,800.00
8 12 Rancherias Rd &
SR 18
S 33 0 1 5 5 22 $ 3,368,800.00
9 4
Bear Valley Rd &
Deep Creek Rd
S 32 1 1 3 8 19 $ 5,064,000.00
10 6
Bear Valley Rd &
Navajo Rd
S 29 2 0 3 5 19 $ 4,791,300.00
11 16 Bear Valley Rd &
Reata Rd
S 28 1 0 2 6 19 $ 2,935,300.00
Rank By
Collision
Cost
TOP 35 COLLISION INTERSECTIONS BY TOTAL COST
Rank By
# of
Collisions
Intersection Name I/S
Type All Fatal Severe Other Visible
Complaint
of Pain PDO Cost
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Table 3.2 Top 35 Intersection Collision Locations – By Total Collision Cost (Continued) I/S = Intersection, S = Signalized Intersection, NS = Non-Signalized Intersection, PDO = Property Damage Only 12 20 Kiowa Rd &
SR 18
S 28 0 0 7 4 17 $ 1,736,200.00
13 7
SR 18 &
Tao Rd
S 26 1 1 1 6 17 $ 4,532,600.00
14 5
Apple Valley Rd &
Yucca Loma Rd
S 25 2 0 3 7 13 $ 4,883,700.00
15 18 Bass Hill Rd &
SR 18
S 22 1 0 0 7 14 $ 2,631,900.00
16 21 Central Rd &
SR 18
S 21 0 0 7 5 9 $ 1,707,900.00
17 24 Corwin Rd &
SR 18
S 20 0 0 3 6 11 $ 1,189,000.00
18 23 Dale Evans Pkwy &
SR 18
S 19 0 0 5 5 9 $ 1,388,100.00
19 1
Bear Valley Rd &
Westmont Dr
S 19 1 2 3 4 9 $ 6,338,400.00
20 8
Bear Valley Rd &
Central Rd
S 16 1 1 1 4 9 $ 4,231,600.00
21 32 Jess Ranch Pkwy &
Market Place Dr
S 15 0 0 0 4 11 $ 527,500.00
22 25 Serrano Rd &
Zuni Rd
NS 12 0 0 3 3 6 $ 841,800.00
23 27 Flathead Rd &
SR 18
S 12 0 0 2 3 7 $ 696,800.00
Other
Visible
Complaint
of Pain PDO Cost
TOP 35 COLLISION INTERSECTIONS BY TOTAL COST (CONTINUED) Rank By
# of
Collisions
Intersection Name I/S
Type All Fatal Severe
Rank By
Collision
Cost
A p p l e V a l l e y L R S P | 29
Table 3.2 Top 35 Intersection Collision Locations – By Total Collision Cost (Continued) I/S = Intersection, S = Signalized Intersection, NS = Non-Signalized Intersection, PDO = Property Damage Only 24 31 Dale Evans Pkwy &
Waalew Rd
NS 12 0 0 1 3 8 $ 551,800.00
25 9
Rimrock Rd &
SR 18
NS 11 0 1 2 4 4 $ 3,586,000.00
26 26 Mondamon Rd &
SR 18
NS 11 0 0 2 4 5 $ 757,900.00
27 29 Rincon Rd &
Yucca Loma Rd
NS 11 0 0 1 4 6 $ 612,900.00
28 33 Navajo Rd &
Ramona Av
NS 11 0 0 0 1 10 $ 239,900.00
29 13 Kiowa Rd &
Rancherias Rd
NS 10 1 0 2 1 6 $ 3,343,100.00
30 14 Navajo Rd &
Ottawa Rd
NS 10 0 1 1 2 6 $ 3,274,100.00
31 15 Kiowa Rd &
Yucca Loma Rd
NS 10 1 0 0 2 7 $ 3,129,100.00
32 28 Pawnee Rd &
SR 18
NS 10 0 0 2 3 5 $ 667,000.00
33 30 Apple Valley Rd &
Pimlico Rd S 10 0 0 1 4 5 $ 598,000.00
34 34 Apple Valley Rd &
Sitting Bull Rd
S 10 0 0 0 1 9 $ 225,000.00
35 35 Rancherias Rd &
Thunderbird Rd
NS 10 0 0 0 1 9 $ 225,000.00
Cost
TOP 35 COLLISION INTERSECTIONS BY TOTAL COST (CONTINUED) Rank By
# of
Collisions
Intersection Name I/S
Type All Fatal Severe Other Visible
Complaint
of Pain PDO
Rank By
Collision
Cost
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3.2 ROADWAY CORRIDOR – HOTSPOT COLLISION LOCATIONS
The top corridors in the Town were determined based on the total number of collisions. As noted in the previously reviewed hot spot locations, a few corridors stand out. A list of the Top 5 Corridors by the total number of collisions is shown in Table 3.3, which reveals the corridors of SR 18, Bear Valley Road, Apple Valley Road, Navajo Road, and Kiowa Road. Some statistics of these top five corridors are noted below:
Table 3.3 Top 5 Collision Corridors – By Total Number of Collisions I/S = Intersections, PDO = Property Damage Only
*(x) notes Intersection overlap totals with east-west corridors of SR 18 and Bear Valley Road • 52% of all Town-wide collisions occurred along the Top 5 corridors, with 72% being fatal collisions. • 32 of 39 traffic signals within Town limits are on these five corridors. Notably, 12 are on SR 18 under Caltrans’ jurisdiction, and 27 are Town owned.
• 30 of the Top 35 hot spot intersections fall on one of these five corridors. • Collisions in the Top 5 corridors accounts for 48% of bicycle and 61% of pedestrian collisions in the Town. • Only 31% of all Hit Object collisions occurred on these corridors. This rate notes that the “Lane Departure” Challenge Area is not isolated to any particular “hot spots” areas but rather a Town-wide issue.
In the following sections, each of the five roadway corridors were reviewed as Emphasis Areas to determine the Town specific challenges for the Town to address and monitor as part of future LRSP updates. 1 State Route 18 (SR 18) 14 10 8 56 92 221 387
2 Bear Valley Rd 8 17 9 35 85 172 318
3 Apple Valley Rd 3(5) 2 3 19 40 134 198
4 Navajo Rd 3(5) 4 2 10 36 78 130
5 Kiowa Rd 2(4) 5 2 17 31 63 118
38 24 137 284 668 1151
53 63 261 484 1350 2211
72% 38% 52% 59% 49% 52%
Total Town-Wide Collisions
Percent of Total Town-Wide Collision
# of Top
35 I/S*
TOP COLLISION CORRIDORS BY TOTAL NUMBER OF COLLISIONS
Rank Intersection Name Fatal Severe Other Visible Complaint of Pain PDO All
Total for Each Type
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3.2.1 State Route 18 (SR 18)
Throughout the report, State Route 18 (SR 18) appears at the top collision locations in every category, as noted in Figure 3.2. SR 18 is a four-lane arterial that stretches nearly seven (7) miles through the Town of Apple Valley, with average daily traffic (ADT) volumes ranging from approximately 50,000 in the west to 20,000 in the east near the "Village." The corridor stretching from Apple Valley Road in the west to Central Road in the east has a total of 16 intersections (twelve (12) signalized and four (4) non-signalized). Of these locations, 14 intersections (eleven (11) signalized and three (3) nonsignalized) are on the Town's top 35 collisions list.
SR 18 is owned and maintained by Caltrans and is not the Town's roadway jurisdiction. However, the adjacent frontage roads (Outer Highway 18) are within the Town's right-of-way and jurisdiction. As noted in the Figure on the right taken from the 2019 "SR 18 Corridor Enhancement Plan", there is a common issue where these outer highway frontage roads and SR 18 converge with several additional conflict points than a traditional four-legged major/minor road intersection. Other common problems noted at these intersections include:
SIGNALIZED INTERSECTIONS
• Permissive signal operations are active at the north-south minor leg cross streets leading to a high number of head-on and broadside collisions.
NON-SIGNALIZED INTERSECTIONS
• Numerous broadside collisions where side street control is right-turn only indicate drivers largely ignore the signs/striping to prevent these movements.
The corridor has the most collisions in the Town, with 387 collisions, but only the second most fatal (10) and severe (8) injury collisions. The majority of collisions were broadside (33%) and rear-end (32%). By comparison, the next two Navajo Rd Navajo Rd SR 18
Outer Hwy 18 N
Outer Hwy 18 S
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highest collision types were sideswipe (9%) and head-on (8%) collisions. Unsafe speeds (32%) and automobile rightof-way (25%) are the most frequent violations. By comparison, the next two highest primary collision factors (PCF) were improper turning (10%) and traffic signs and signals (10%).
SR 18 also has the highest pedestrian (18) and bicycle (4) collisions. The majority of pedestrian collisions on the corridor resulted from pedestrian violations (total of 4% of all corridor collisions).
APPROACH AND GOALS
With the jurisdiction issue, there needs to be a plan and cooperation agreement with Caltrans District 8 to study and prioritize safety improvements along SR 18. There have been some roadway improvements, notably in the western limits at SR 18 at Apple Valley Road (first in Town for total Collisions), where a major realignment improvement project fully upgraded this intersection along with improvements at SR 18 and Kasota Road (5th highest collisions in Town).
The previously mentioned 2019 SR 18 Corridor Enhancement Plan provided an in-depth review and approach to improving the corridor, but only in the eastern one-mile segment known locally as the “Village” area.
PLAN
• In 2022, the Town was awarded a Sustainable Communities Planning Grant that will allow the Town to complete an additional, comprehensive study of SR 18 from Apple Valley Road to Bass Hill Road. The LRSP notes that the major collision and safety issues in the Town need to be evaluated further with another SR 18 Corridor study for the remaining length from Bass Hill Road to Navajo Road.
HSIP GRANTS
This LRSP does not include specific HSIP projects for SR 18, but recommendations for specific countermeasures for future study, coordination, and collaboration with Caltrans District 8 are included. The Town may initiate an HSIP safety project that involves SR 18. However, due to the limited amount of “Local HSIP” funding compared to the statewide safety needs (Caltrans facilities), the “Local HSIP” program will only fund projects and improvements on the state highway system where SR 18 acts as the “main street” for the Town. A Town-initiated safety project involving SR 18 must include written correspondence from Caltrans District 8 Traffic Operations office in the application to ensure it supports the project and does not foresee issues preventing it from receiving an encroachment permit. If
A p p l e V a l l e y L R S P | 33
the proposed project requires Caltrans’ financial participation, the application should include a formal letter of support and reasonable estimates of all cost-sharing ratios, amounts, and funding schedules.
Figure 3.2 SR 18 Collision Data Summary
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3.2.2 Bear Valley Road
Bear Valley Road is a 4-6 lane major divided arterial roadway that runs east-west the entire length of the Town, from the westerly Town boundary to Joshua Road, with ADT volumes ranging from approximately 48,000 in the west to 22,000 in the east. It is the Town’s primary southerly entry from I-15 to the west and SR 18 to the east. With businesses and commercial services growing along the corridor, a high volume of roadway users visits the area daily. Figure 3.3 shows a summary of Bear Valley Road collision data.
The corridor has the second most collisions in the Town but has the highest number of fatal (17) and severe (9) injury collisions. The most common types of collisions along Bear Valley are broadside (34%), rear end (30%), and sideswipe (18%), while unsafe speeds (29%) and automobile right-of-way (26%) were the violations that appear the most often.
APPROACH AND GOALS
Notably, 8 of the 9 traffic signal intersections are on the Town’s top 35 collisions list (Table 3.4). Improvements along the corridor to some signalized intersections have been made by increasing intersection control through protected left-turn movements (including Bear Valley Road and Deep Creek Road and Bear Valley Road and Westmont Drive).
These improvements will be considered when determining applicable “Engineering” countermeasures and future collision monitoring. This LRSP will also focus on Bear Valley Road and Navajo Road, which rank 10th in the Town, but has two (2) pedestrian fatalities.
Table 3.4 Top Bear Valley Road Collision Intersections
2 Bear Valley Rd & Apple Valley Rd S 44 1 1 4 11 27 $ 5,615,800.00 3 Bear Valley Rd & Kiowa Rd S 42 1 1 2 13 25 $ 5,448,000.00 4 Bear Valley Rd & Jess Ranch Pkwy S 41 0 0 5 8 28 $ 1,943,900.00 9 Bear Valley Rd & Deep Creek Rd S 32 1 1 3 8 19 $ 5,064,000.00 10 Bear Valley Rd & Navajo Rd S 29 2 0 3 5 19 $ 4,791,300.00 11 Bear Valley Rd & Reata Rd S 28 1 0 2 6 19 $ 2,935,300.00 19 Bear Valley Rd & Westmont Dr S 19 1 2 3 4 9 $ 6,338,400.00 20 Bear Valley Rd & Central Rd S 16 1 1 1 4 9 $ 4,231,600.00
TOP BEAR VALLEY ROAD COLLISION INTERSECTIONS
Rank Intersection Name I/S Type All Fatal Severe Other Visible Complaint of Pain PDO Cost
A p p l e V a l l e y L R S P | 35
Figure 3.3 Bear Valley Road Collision Data Summary
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3.2.3 Apple Valley Road
Apple Valley Road runs north-south and is a major roadway from SR 18 to Yucca Loma Road. It is a major divided arterial roadway between Stoddard Wells Road and SR 18 and between Yucca Loma Road and Tussing Ranch Road. Apple Valley Road has a high concentration of collisions between SR 18 to the north (highest intersection collision spot) and Bear Valley Road to the south (second highest intersection collision spot). ADT volumes range from approximately 22,000 north to 30,000 in the south. Figure 3.4 shows Apple Valley Road’s collision data summary.
The corridor has the third most collisions in the Town, but of the top five corridors, it reported the lowest total number of fatal (2) and severe (3) collisions. Similarly, there is a low number of bicycle and pedestrian collisions. Based on the LRSP’s analysis of the corridor’s collisions, it was determined that the majority of collisions were rear-end (38%), broadside (28%), and sideswipe (14%) collisions. Along the corridor, unsafe speeds (37%) and automobile right-ofway (21%) are the violation types that occur the most often along the corridor.
APPROACH AND GOALS
Apple Valley Road has five (5) intersections (traffic signals) on the Town’s Top 35 collisions list (Table 3.5), but at two SR 18 and the other at Bear Valley Road. Apple Valley Road serves as the minor road. The signalized location of Apple Valley Road and Yucca Loma Road ranks 14th overall in the total number of collisions, with 25 collisions. There have been some improvements at the location, but notable collisions still occurred after some upgrades. These improvements will be considered when considering applicable countermeasures and future collision monitoring.
Table 3.5 Top Apple Valley Road Collision Intersections I/S = Intersection, PDO = Property Damage Only
1 Apple Valley Rd & SR18 S 55 0 1 2 9 43 $ 3,565,600.00 2 Apple Valley Rd & Bear Valley Rd S 44 1 1 4 11 27 $ 5,615,800.00 14 Apple Valley Rd & Yucca Loma Rd S 25 2 0 3 7 13 $ 4,883,700.00 33 Apple Valley Rd & Pimlico Rd S 10 0 0 1 4 5 $ 598,000.00 34 Apple Valley Rd & Sitting Bull Rd S 10 0 0 0 1 9 $ 225,000.00
TOP APPLE VALLEY ROAD COLLISION INTERSECTIONS
Rank Intersection Name I/S Type All Fatal Severe Other Visible Complaint of Pain PDO Cost
A p p l e V a l l e y L R S P | 37
Figure 3.4 Apple Valley Road Collision Data Summary
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3.2.4 Navajo Road
The Navajo Road corridor runs north and south and is a secondary roadway from Stoddard Wells Road to Gustine Street and Bear Valley Road to Ocotillo Way. Between Waalew Road and Thunderbird Road, it is a collector road and a major roadway between Thunderbird Road and Bear Valley Road. ADT volumes range from approximately 14,000 in the north to 12,000 in the south. Figure 3.5 shows a summary of Navajo Road collision data.
The corridor has the fourth most collisions in the Town, with four (4) fatal and two (2) severe injury collisions. The majority of collisions were broadside (42%), rear-end (15%), and head-on (11%) collisions. Of all the corridors, Navajo Road is the only one where Automobile right-of-way (34%) is the highest PCF, followed by "Unsafe Speed" (20%) and "Traffic Signs and Signals" (12%). Notably, Navajo ranks second behind SR 18 in pedestrian (8) and bicycle (2) collisions.
Of these, all fatal and one (1) severe collision on the corridor involved pedestrians, with Pedestrian Violation serving as the PCF (total of 6% of all corridor collisions).
APPROACH AND GOALS
Navajo Road has three (3) traffic signals and two (2) stop-controlled intersections on the Town’s Top 35 list. Though two are at SR 18 and the other at Bear Valley Road, Navajo Road serves as the minor road. The signal location of Navajo Road at Powhatan ranks sixth overall in the total number of collisions, with 34 collisions. This intersection has permitted left turn phasing and accounted for 50% of the corridor's head-on collisions. Engineering countermeasures will be provided to improve the safety of this location.
Regarding pedestrians and bicyclists, there have been some roadway improvements, notably in the southern limits south of Bear Valley Road. The Town implemented the SRTS South Project that implemented active transportation/complete street improvements. These improvements helped to provide gap closure to bike and pedestrian improvements near three Town schools. These improvements will be considered when considering applicable countermeasures and future collision monitoring. Due to a large number of pedestrian and bicycle collisions with high severity near numerous schools and parks in the Town, a proposed "Complete Streets" study is suggested to be completed for evaluation.
A p p l e V a l l e y L R S P | 39
Figure 3.5 Navajo Road Collision Data Summary
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3.2.5 Kiowa Road
The corridor of Kiowa Road is a major roadway that runs north-south, from Yucca Loma Road to Ocotillo Way.
Between SR 18 and Yucca Loma Road, it is a collector road. Kiowa had the fifth highest number of collisions in the Town, with 118 total, but with approximately 12,500 ADT, this corridor experiences a high crash rate by comparison.
Figure 3.6 shows a summary of Kiowa Road collision data.
The majority of collisions were broadside (35%), rear-end (25%), and sideswipe (16%) collisions. Automobile right-ofway and Unsafe Speed both accounted for 23% of collisions each, followed by Improper Turning (15%) and Traffic Signs and Signals (12%). The corridor has the fifth most collisions in the Town, with five (5) fatal and two (2) severe injury collisions. Kiowa has nearly 10% of all pedestrian and bicyclist collisions Town-wide.
APPROACH AND GOALS
There are no traffic signals on Kiowa Road other than those previously noted at SR 18 and the other at Bear Valley Road, in which case Kiowa Road serves as the minor road. These high collision locations have been discussed in previous corridor segment reviews. Two (2) intersections are in the Top 35 collision locations, both non-signalized intersections, and have a dedicated “Emphasis Area” section from the LRSP.
Due to a large number of pedestrian and bicycle collisions with high severity near numerous schools and parks in the Town, a proposed “Complete Streets” study is suggested to be completed for evaluation.
A p p l e V a l l e y L R S P | 41
Figure 3.6 Kiowa Road Collision Data Summary
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3.3 TOWN NON-SIGNALIZED COLLISION INTERSECTIONS
3.3.1 Town Top 35 Hot Spot Locations
Eleven (11) of the Town's Top 35 intersections are non-signalized (stop controlled), as shown in Table 3.6. Three (3) of these eleven (11) stop-controlled intersections are on SR 18 and have already been discussed. The remaining eight (8) intersections are listed below which four (4) locations are all-way stop (AWS) and four (4) are two-way stop (TWS) controlled intersections.
Table 3.6 Top Town Non-Signalized Intersections by Collision I/S = Intersection, AWS = All-Way Stop, TWS = Two-Way Stop, PDO = Property Damage Only Overall, the Challenge Areas for these locations include Intersections and Aggressive Driving. There are not a significant amount of “Lane Departure” or “Pedestrian” collisions involved at these locations. As expected, the top two PCFs at these non-signalized locations are Automobile Right-of-Way and Traffic Signs and Signals with Unsafe Speed listed as a high PCF.
Regarding the four all-way stop locations, a significant statistic that stands out is the collision type which 71% were Broadside. Comparatively, at the two-way stop (TWS) locations where “Broadside” collisions would be expected, they represent only 59% of the collisions.
22 Serran Rd & Zuni Rd TWS 12 0 0 3 3 6 $ 841,800.00
24 Dale Evans Pkwy & Waalew Rd TWS 12 0 0 1 3 8 $ 551,800.00 27 Rincon Rd & Yucca Loma Rd AWS 11 0 0 1 4 6 $ 612,900.00 28 Navajo Rd & Ramona Rd AWS 11 0 0 0 1 10 $ 239,900.00 29 Kiowa Rd & Rancherias Rd TWS 10 1 0 2 1 6 $ 3,343,100.00 30 Navajo Rd & Ottawa Rd TWS 10 0 1 1 2 6 $ 3,274,100.00 31 Kiowa Rd & Yucca Loma Rd AWS 10 1 0 0 2 7 $ 3,129,100.00 35 Rancherias Rd & Thunderbird Rd AWS 10 0 0 0 1 9 $ 225,000.00
TOP TOWN NON-SIGNALIZED INTERSECTIONS BY COLLISION
Rank Intersection Name I/S Type All Fatal Severe Other Visible Complaint of Pain PDO Cost
A p p l e V a l l e y L R S P | 43
3.3.2 Town-wide Issues
Noted in the Challenge area section for Intersections, 45% of all Town Fatal (17)/Severe (36) collisions were within 250 feet of non-signalized intersections (stop controlled) intersections. The total number of collisions listed above eight intersections represents 84 collisions, with only two (2) fatal and one (1) severe injury. The remaining 15 fatal and 35 severe collisions occurred at 48 separate intersections that collectively had only 138 total collisions. These statistics show the large difference between frequency and severity summarized below:
• Eight (8) “hot spot” intersections averaged 10.5 total collisions and 0.375 fatal/severe collisions per intersection • The other 48 locations averaged 2.875 total collisions but with 1.05 fatal and severe collisions per intersection As such, the LRSP will provide updated proposed project scopes for the above eight “hot spot” locations and others discussed with the Town.
APPROACH AND GOALS
Though there are only eight (8) intersections within the Town, its Approach and Goals can be applied throughout the Town at non-signalized locations. Provided in Section 4 will be proposed project scopes with applicable countermeasures for non-signalized intersections, which the Town may apply for grants.
ALL-WAY STOP (AWS) WARRANT ANALYSIS MONITORING PROGRAM
A big goal for improving safety at non-signalized locations will be the continued monitoring of traffic volumes to determine if future warrant analysis for improvement to controls is needed. For example, upgrading a two-way stop (TWS) to an all-way stop (AWS) control will help consider applicable “Engineering” countermeasures for nonsignalized locations and future collision monitoring. Appendix E shows a list of non-signalized intersections that the Town is suggested to consider for a collision monitoring program which will review the Town’s annual collision statistics.
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SECTION 4: IDENTIFY STRATEGIES
4.1 ENGINEERING COUNTERMEASURE STRATEGIES
Of the 5 E’s of traffic safety, Engineering directly covers eight (8) of the 16 SHSP Challenge Areas, including Intersections, Emergency Response, Lane Departures, Emerging Technologies, Pedestrians, Bicyclists, Work Zones, and Aggressive Driving/Speed Management. When applying for HSIP funds, the proposed projects will need to identify specific challenge areas that the proposed projects will help address.
Michael Baker International and the Town of Apple Valley worked together to select the most appropriate, applicable, and available countermeasures from the Caltrans’ Local Roadway Safety Manual (LRSM) – Version 1.6, April 2022. This process was done for hotspot locations with specific challenge and emphasis areas to help reduce future collisions and enhance the traffic operations/conditions across the Town.
The LRSM provides a list of countermeasures that are sorted into three categories with signalized intersections (21 Countermeasures), non-signalized intersections (23 Countermeasures), and roadways (38 Countermeasures), as shown in Table 4.1. Pedestrian and bicycle-related countermeasures have been included in each of these categories. These LRSM countermeasures represent the exact ones available for HSIP Grants. For the Grant applications, Caltrans has established key project requirements and procedures to allow agencies flexibility in combining countermeasures and locations into a single project while ensuring all projects can be consistently ranked statewide.
• A maximum of three (3) individual countermeasures can be utilized in a project’s Benefit/Cost (B/C) ratio. • If the project involves multiple locations, the locations must have the same safety improvements and, thus, the same countermeasures.
• If a project selects to install a traffic signal (i.e., countermeasure NS03 at a location), additional countermeasures cannot be utilized in the B/C ratio calculation for the project. • For HSIP Cycle 11, projects under $100K will not be considered.
Historically, projects with B/C ratios below 5.0 were not accepted or successfully awarded. With HSIP Cycle 11(and likely future HSIP cycles) not awarding funds to projects under $100K, a proposed project floor has been built to only consider projects with a “Benefit” of over $500K, as noted in the previous Table 3.1.
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Table 4.1 Countermeasures General Information
CRF = Crash Reduction Factor, HSIP = Highway Safety Improvement Program, SI = Signalized Intersection, P&B = Pedestrian and Bicycle * Countermeasure S04 was removed in HSIP Cycle 11 Call-for-projects (LRSM Version 1.6 – April 2022) No. Type Countermeasure Name Crash Type CRF
Expected
Life
(Years)
HSIP
Funding
Eligibility
Systemic Approach
Opportunity?
S01 Lighting Add intersection lighting (S.I.) Night 40% 20 90% Medium S02 Signal Mod. Improve signal hardware: lenses, back-plates with retroreflective borders, mounting, size, and number All 15% 10 90% Very High S03 Signal Mod. Improve signal timing (coordination, phases, red, yellow, or operation) All 15% 10 50% Very High
S05 Signal Mod. Install emergency vehicle pre-emption systems Emergency Vehicle 70% 10 90% High
S06 Signal Mod. Install left-turn lane and add turn phase (signal has no left-turn lane or phase before) All 55% 20 90% Low
S07 Signal Mod. Provide protected left turn phase (left turn lane already exists) All 30% 20 90% High S08 Signal Mod. Convert signal to mast arm (from pedestal-mounted) All 30% 20 90% Medium S09 Operation/Warning Install raised pavement markers and striping (through intersection) All 10% 10 90% Very High
S10 Operation/Warning Install flashing beacons as advance warning (S.I.) All 30% 10 90% Medium S11 Operation/Warning Improvement pavement friction (High Friction Surface Treatments) All 55% 10 90% Medium
S12 Geometric Mod. Install raised median on approaches (S.I.) All 25% 20 90% Medium S13PB Geometric Mod. Install pedestrian median fences on approaches (S.I.) P&B 35% 20 90% Low S14 Geometric Mod. Create directional median openings to allow (and restrict) leftturns and u-turns (S.I.) All 50% 20 90% Medium S15 Geometric Mod. Reduced Left-Turn Conflict Intersections (S.I.) All 50% 20 90% Medium S16 Geometric Mod. Convert intersection to roundabout (from signal) P&B Varies 20 90% Low S17PB Ped and Bike Install pedestrian countdown signal heads P&B 25% 20 90% Very High S18PB Ped and Bike Install pedestrian crossing (S.I.) P&B 25% 20 90% High S19PB Ped and Bike Pedestrian Scramble P&B 40% 20 90% High S20PB Ped and Bike Install advance stop bar before crosswalk (Bicycle Box) P&B 15% 10 90% Very High S21PB Ped and Bike Modify signal phasing to implement a Leading Pedestrian Interval (LPI) P&B 60% 10 90% Very High
Countermeasures for Signalized Intersections*
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Table 4.1 Countermeasures General Information (Continued) CRF = Crash Reduction Factor, HSIP = Highway Safety Improvement Program, NSI = Non-Signalized Intersection, P&B = Pedestrian and Bicycle, mr = mini-roundabout (refers to the added countermeasure for HSIP Cycle 11 Call-for-projects: LRSM Version 1.6 – April 2022) No. Type Countermeasure Name Crash Type CRF
Expected
Life
(Years)
HSIP
Funding
Eligibility
Systemic Approach
Opportunity?
NS01 Lighting Add intersection lighting (NS.I.) Night 40% 20 90% Medium NS02 Control Convert to all-way STOP control (from 2-way or Yield control) All 50% 10 90% High NS03 Control Install signals All 30% 20 90% Low
NS04 Control Convert intersection to roundabout (from all way stop) All Varies 20 90% Low NS05 Control Convert intersection to roundabout (from stop or yield control on minor road) All Varies 20 90% Low
NS05mr Control Convert intersection to mini-roundabout All 30% 20 90% Medium NS06 Operation/Warning Install/upgrade larger or additional stop signs or other intersection warning/regulatory signs All 15% 10 90% Very High NS07 Operation/Warning Upgrade intersection pavement markings (NS.I.) All 25% 10 90% Very High NS08 Operation/Warning Install flashing beacons at stop-controlled intersections All 15% 10 90% High NS09 Operation/Warning Install flashing beacons as advance warning (NS.I.) All 30% 10 90% High NS10 Operation/Warning Install transverse rumble strips on approaches All 20% 10 90% High NS11 Operation/Warning Improve sight distance to intersection (Clear Sight Triangles) All 20% 10 90% High NS12 Operation/Warning Improve pavement friction (High Friction Surface Treatments) All 55% 10 90% Medium NS13 Geometric Mod. Install splitter-islands on the minor road approaches All 40% 20 90% Medium NS14 Geometric Mod. Install raised median on approaches (NS.I.) All 25% 20 90% Medium NS15 Geometric Mod. Create directional median openings to allow (and restrict) leftturns and u-turns (NS.I.) All 50% 20 90% Medium NS16 Geometric Mod. Reduced Left-Turn Conflict Intersections (NS.I.) All 50% 20 90% Medium NS17 Geometric Mod. Install right-turn lane (NS.I.) All 20% 20 90% Low NS18 Geometric Mod. Install left-turn lane (where no left-turn lane exists) All 35% 20 90% Low NS19PB Ped and Bike Install raised medians/refuge islands (NS.I.) P&B 45% 20 90% Medium NS20PB Ped and Bike Install pedestrian crossing at uncontrolled locations (new signs and markings only) P&B 25% 10 90% High
NS21PB Ped and Bike Install/upgrade pedestrian crossing at uncontrolled locations (with enhanced safety features) P&B 35% 20 90% Medium
NS22PB Ped and Bike Install Rectangular Rapid Flashing Beacon (RRFB) P&B 35% 20 90% Medium NS23PB Ped and Bike Install Pedestrian Signal (including Pedestrian Hybrid Beacon (HAWK)) P&B 55% 20 90% Low
Countermeasures for Non-Signalized Intersections