APPLE VALLEY TOWN COUNCIL
AGENDA
Tuesday, January 24, 2023, 6:30 p.m.
Council Chamber
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The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.
This is an agenda for the scheduled meeting of the Town of Apple Valley.
This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.
Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.
In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.
Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.
When called, approach the podium and if desired, please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.
Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.
The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.
Pages
1. Call to Order
2. Opening Ceremonies
2.1 Invocation
Pastor Fergeson - Calvary Chapel Apple Valley.
2.2 Pledge of Allegiance
2.3 Presentations
3. Public Comments
4. Councilmember Committee/Commission/Community Participation 8 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 - February 14, 2023 - Council Chambers Regular Session at 6:30p.m.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1-6.10 as recommended.
6.1 APPROVAL OF MINUTES 10
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 DECEMBER 2022 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
16 That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 DECEMBER 2022 PAYROLL/BENEFITS WARRANTS SCHEDULE 32 That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
6.4 ACCEPTANCE OF WORK FOR THE MUNI ROAD DRIVEWAY AND
BOX CULVERT PROJECT
34 Accept the work completed by Jergensen Construction, Inc. as part of the Muni Road Driveway and Box Culvert Project for a total contract cost of $254,263.
A.
Direct the Town Clerk to file the Notice of Completion for the contracted 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.
6.5 AWARD A PROFESSIONAL SERVICES AGREEMENT TO DAVID
EVANS & ASSOCIATES FOR THE CENTRAL ROAD WIDENING
PROJECT
39 It is recommended that the Town Council award a Professional Services Agreement to David Evans & Associates for the Central Road Widening project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
6.6 POSESSION AND USE AGREEMENT - VICTOR VALLEY COMMUNITY COLLEGE DISTRICT – BEAR VALLEY ROAD BRIDGE PROJECT
67 That Town Council approves the Posession and Use Agreement (PUA) between the Town and the Victor Valley Community College District and authorizes the Town Engineer to execute the PUA.
6.7 CONSENT TO ADVERTISE ROADWAY REPAIR 2023-01 PROJECT 106 That the Town Council review and approve the bid documents for the Roadway Repair 2023-01 Project.
A.
That the Town Council authorize staff to solicit bids for construction of said project.
B.
6.8 ADDENDUM TO AVUSD JOINT USE AGREEMENT FOR THE AFTER
SCHOOL ACTIVITIES PROGRAM
109
Approve ammendment to the Apple Valley Unified School District Joint Use Agremeent, and authorize the Town Manager or designee to excute appropriate agreements and documents.
6.9 ACCEPT GRANT AWARD FROM THE 2022 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
113
Accept grant award from the 2022 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $24,113 and authorize the Town Manager to execute award Agreements.
6.10 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN FOR
THE TOWN OF APPLE VALLEY
160
Approve Resolution No. 2023-03, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan.
7. Public Hearings
7.1 A DEVELOPMENT CODE AMENDMENT TO LIST SHORT TERM
REANTAL AS REQUIRING A SPECIAL USE PERMIT IN SECTION
9.28.030, TABLE 9.28.030-A IN ALL RESIDENTIAL ZONES,
191
AMEND SECTION 9.16.130 TO AMEND THE PROCEDURES FOR
MODIFICATION AND REVOCATION HEARINGS FOR CONDITIONAL
AND SPECIAL USE PERMITS, AND AMEND SECTION 8.34.030 OF
THE MUNICIPAL CODE, AND ADD A NEW SECTION 8.34.080 TO
CHAPTER 8.34 OF THE APPLE VALLEY MUNICIPAL CODE
ESTABLISHING A REGULATORY SCHEME FOR SHORT-TERM
RENTALS
Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Development Code and Municipal Code
Amendments, may have a significant effect on the environment, the activity is not subject to
A.
Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2022-004
adopted October 19, 2022, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings.
B.
Move to waive the reading of Ordinance No. 561 in its entirety and read by title only.
C.
Introduce Ordinance No. 561 approving Development Code
Amendment No. 2022-004 to amend Section 9.28.030, Table
9.28.030-A and Section 9.16.130 of the Development Code, and amending Section 8.34.030 and adding Section 8.34.080 to the Apple Valley Municipal Code.
D.
Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.
E.
7.2 CONSIDERATION OF GENERAL PLAN AMENDMENT GPA 2022-006 AND DEVELOPMENT CODE AMENDMENT DCA 2022-002 TO AMEND
SECTION 9.71.080 OF THE DEVELOPMENT CODE TO ALLOW LOT
SPLITS ON EXISTING DIRT ROADS IN LIMITED AREAS LOCATED
ALONG THE PERIMETER OF TOWN LIMITS
207
Consideration of General Plan Amendment GPA 2022-006 and Development Code Amendment DCA 2022-002 to amend Section
9.71.080 of the Development Code to allow lot splits on existing dirt roads in limited areas located along the perimeter of Town limits.
Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Amendments, may have a significant effect on the environment, the activity is not subject to
A.
Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2022-005
adopted November 2, 2022, support the required Findings for approval of the proposed General Plan Amendment and
Development Code Amendment and adopt the Findings.
B.
Move to adopt Resolution No. 2023-02 amending the text of the General Plan of the Town of Apple Valley allowing lot splits on existing dirt roads in limited areas located along the perimeter of Town limits. This General Plan Amendment will represent the First General Plan Amendment Cycle for 2023.
C.
Move to waive the reading of Ordinance No. 562 in its entirety and read by title only.
D.
Introduce Ordinance No. 562 approving Development Code
Amendment No. 2022-002 to amend Section 9.71.080 of the Development Code.
E.
Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.
F.
7.3 INTRODUCE ORDINANCE NO. 563 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” 224
Move to waive the reading of Ordinance No. 563 in its entirety and read by title only.
Introduce Ordinance No. 563 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."
7.4 SUBSTANTIAL AMENDMENT TO THE 2021-2022 AND 2022-2023
ACTION PLANS
516
It is recommended that the Town Council:
A. Conduct a public hearing and upon accepting public testimony; Approve a Substantial Amendment to the Community
Development Block Grant (“CDBG”) 2021-2022 and 2022-2023 Annual Action Plans (“Action Plans”) by repurposing $909,947 to existing and newly proposed CDBG eligible activities; and B.
Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plans, and any additional
amendments, to ensure the Town’s timely expenditure of CDBG funds.
C.
8. Business of the Council
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 530
Negotiations with Real Property Negotiator – Parcel Numbers: 0399- 261-01 and 0399-261-08, vacant parcels south of Bear Valley Road directly adjacent to the Mojave River, Apple Valley CA; Negotiating Parties: Gary Ledford, Jess Ranch Development Company; Town Negotiator(s) -Town Manager, Town Engineer, or Designee; Under negotiation: price and terms of payment.
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)
Mayor Pro Tem 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)
Mayor Nassif
As needed.
Town Council Chambers
TOWN PERSONNEL COMMITTEE
Mayor Nassif
Council Member Bishop
Meets as Needed
PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Council Member Emick
AD HOC COMMITTEES
APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif
VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick
SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA
AD-HOC COMMITTEE
Council Member Art Bishop
Council Member Kari Leon
AGENCY - BOARDS/COMMITTEES &
COMMISSIONS
CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY (CJPIA)
Mayor 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)
Mayor Nassif- Voting Delegate
Council Member Bishop – Alternate
Meets as needed, rotating cities.
MOJAVE DESERT AIR QUALITY MANAGEMENT
DISTRICT (MDAQMD)
Council Member 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
Mayor Pro-Tem Cusack – Delegate
Council Member 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)
Council Member Bishop - Board Member
Mayor Pro-Tem 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)
Mayor Pro-Tem 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
Council Member Bishop – Alternate
Meets every 2nd Wednesday of each quarter at 5:00
p.m., SCLA
VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Council Member Emick – Representative
Council Member Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall
VICTOR VALLEY WASTE WATER RECLAMATION
AUTHORITY (VVWRA)
Mayor Nassif – Commissioner
Council Member Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.
VVWRA Offices
GREATER HIGH DESERT CHAMBERS
GOVERNMENTAL RELATIONS COMMITTEE
Council Member Bishop – Representative
Mayor Pro-Tem Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.
Town Council Agenda Report
Date: January 24, 2023
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 January 10, 2023
1 Apple Valley Town Council
MINUTES
January 10, 2023, 6:30 p.m.
Council Chamber
Members Present: Mayor Scott Nassif
Mayor Pro Tem Larry Cusack
Council Member Art Bishop
Council Member Curt Emick
Council Member Kari Leon
_____________________________________________________________________
1. Call to Order
Mayor Nassif called to order the regular session of the Apple Valley Town Council at 6:30 p.m..
2. Opening Ceremonies
2.1 Invocation
Bishop Jason Moore, The Church of Jesus Christ of Latter-Day Saints
2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Leon.
2.3 Presentations
3. Public Comments
Phillip Rivera, Apple Valley, commented on Apple Valley being quoted as the best place to live. However, he expressed concern regarding the lack of weed abatement procedures being conducted at the vacant lot across from his home and the problems being faced by residents.
Jacob Minnick, Apple Valley, continued reading statements from the previous speaker about the vacant lot and sand invading the neighboring homes.
Randy Goeson, Apple Valley, talked about the issues they are having with the sand due to disturbed ground that causes problems in the neighborhood.
2 Corina Rivera, Apple Valley, lived in the community for 25 years. She respectfully asked that employees not make light of their concerns by reminding them that they live in the desert. She asked that the Town help to mitigate the issues they are experiencing.
David Jones, Apple Valley, chose not to speak but concurred with previous speakers.
Sue Jones, Apple Valley, chose not to speak but concurred with previous speakers.
Nila Price, Apple Valley, expressed concern regarding the amount of dirt and debris at the bottom of her driveway due to the grubbing of the vacant lot.
Ed Ripley, Apple Valley, spoke about the process being used in the lot that causes the ground to soften and blow throughout the neighborhood. He also commented on the ability to install a fence around the property to prevent the sand from blowing into the neighborhood.
Jarrod Salgado, Apple Valley, expressed concern about the amount of sand and dirt in the roadway that he believes causes a safety hazard.
Erin Salgado, Apple Valley, expressed concern about the vacant lot. She also talked about the traffic concern near the school.
Heidi Gostanian, Apple Valley, stated that this is not normal desert dirt and it’s been a disaster to the neighborhood.
Mayor Nassif thanked the speakers for coming out and expressing their concern.
He spoke of how weed abatement is addressed with property owners and recommended staff work with Apple Valley Fire Protection District on this matter.
Doug Robertson, Town Manager, stated that code enforcement and AQMD are working on this matter. He explained that the owner is grubbing the property without a permit. He noted that staff would discuss the possibility of recommending a fence around the property as suggested by a speaker.
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 Bishop commented on committee meetings and events that he attended.
3 Council Member Emick commented on committee meetings and events that he attended.
Council Member Leon commented on committee meetings and events that she attended.
Mayor Pro Tem Cusack commented on committee meetings and events that he attended.
Mayor Nassif commented on committee meetings and events that he attended.
5. Town Council Announcements
5.1 Suggested items for next Agenda
Council Member Bishop recommended an item be brought back for discussion on Tesla charging stations within the Town.
Doug Robertson, Town Manager, provided information regarding Tesla Charging Stations and their requirements for installing stations in communities.
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - January 24, 2023 - Council Chambers Regular Session at 6:30 p.m.
6. Town Council Consent Agenda
Mayor Pro Tem Cusack and Mayor Nassif recused from voting on Agenda Item Number 6.2 as property owners in the Village Property and Business Improvement District.
Motion by: Council Member Emick
Seconded by: Council Member Leon
To approve the Consent Calendar items numbered 6.1-6.4 as recommended.
Yes (5): Council Member Bishop, Council Member Emick, Council Member Leon, Mayor Pro Tem Cusack, Mayor Nassif. (Mayor Pro Tem Cusack and Mayor Nassif recused from voting on Agenda Item Number 6.2)
Carried (5 to 0)
6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.
4 6.2 FY 2022-2023 BUDGET OF THE APPLE VALLEY VILLAGE
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID)
ASSOCIATION
That the Town Council approve the Fiscal Year 2022-2023 Budget of the Apple Valley Village Property and Business Improvement District Association (Association).
6.3 ACCEPTANCE OF WORK FOR THE COLD MIX OVERLAY 2022
PROJECT
A. Accept the work completed by Calmex Engineering, Inc. as part of the Cold Mix Overlay 2022 project for a total contract cost of $1,063,469.48.
B. Direct the Town Clerk to file the Notice of Completion for the contracted 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.
6.4 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY AMENDING THE PERSONNEL POLICY AND PROCEDURES
MANUAL FOR THE TOWN OF APPLE VALLEY
Approve Resolution No. 2023-01, A Resolution of the Town Council of the Town of Apple Valley amending Sections 6.5 Holiday Leave and 6.6 Floating Holiday of the Personnel Policy and Procedures Manual for the Town of Apple Valley.
7. Public Hearings
8. Business of the Council
8.1 COUNCIL MEMBER REPRESENTATION ON VARIOUS BOARDS,
COMMITTEES AND COMMISSIONS
That the Town Council choose one of its number to fill the positions on certain Council Boards, Committees and Commissions as shown in the attached summary sheet or confirm that no changes are necessary.
Motion by: Council Member Bishop
Seconded by: Council Member Emick
Certifying the list of positions as accurate.
5 Yes (5): Council Member Bishop, Council Member Emick, Council Member Leon, Mayor Pro Tem Cusack, Mayor Nassif.
Carried (5 to 0)
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, provided an update of current events, upcoming events and activities in the Town of Apple Valley.
11. Closed Session
12. Adjournment
To adjourn the meeting of the Apple Valley Town Council at 7:40 p.m.
Scott Nassif, Mayor La Vonda M-Pearson, Town Clerk
Town Council Agenda Report
Date: January 24, 2023
To: Honorable Mayor and Town Council
Subject: DECEMBER 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 December 1 through December 31, 2022 in the amount of $4,508,369.02 covering issued warrant #’s 156812 – 157225. Also, wire transfers were made from December 1 through December 31, 2022 in the amount of $3,190.
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
414 Commercial Warrants were issued in the amount of $4,508,369.02 1 Wire Transfer payment was issued in the amount of $3,190.00
ATTACHMENTS
A. December Commerical Warrants
B. December Wire Transfer Schedule
Check # Date Vendor Description Check Total
156812 12/01/2022 008201 ABF PRINTS, INC. AVCE POSTCARDS 635.80 156813 12/01/2022 001864 APPLE VALLEY TIRE VEHICLE REPAIR 100.00 156814 12/01/2022 000387 EDISON COMPANY 10/6/22-11/6/22 331.83 156815 12/01/2022 000407 FEDEX SHIPPING 107.52
156816 12/01/2022 000168 LIBERTY UTILITIES 9/13/22-11/10/22 6,753.32 156817 12/01/2022 003856 MCGREGOR SHOTT INC. TOAV BUDGET COVER 560.00 156818 12/01/2022 023410 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 753.65 156819 12/01/2022 005036 QUADIENT FINANCE USA, INC PD POSTAGE 492.28 156820 12/01/2022 022416 BEN SHELBY NEM CASH OUT 100.61 156821 12/01/2022 002855 U.S. BANK CORP. PMT SYSTEM NOVEMBER CAL CARD PURCHASES 30,378.89 156822 12/01/2022 000909 VOYAGER NOVEMBER FUEL 19,920.54 156823 12/01/2022 013692 WPONCALL WEBSITE MAINTENANCE 300.00 156824 12/02/2022 016857 SUPERCO SPECIALTY PRODUCTS GRAFF X 1,393.21 156825 12/07/2022 013703 AIRGAS USA, LLC MISC ITEMS FOR FLEET MAINTENANCE 172.48 156826 12/07/2022 000102 ALBERTSONS LLC FOOD FOR COMMISSION MEETING 14.48 156827 12/07/2022 000106 ALL AMERICAN FENCE ERECTORS REPAIR HAND RAIL BEAR VALLEY RD BUS STOP
1,920.00
156828 12/07/2022 021342 AMAZON CAPITAL SERVICES ASAP 6,155.62 156829 12/07/2022 000142 ANIMAL EMERGENCY CLINIC E-CLINIC SERVICES 90.00 156830 12/07/2022 000143 APPLE VALLEY ANIMAL HOSPITAL SPAY/NEUTER VOUCHER PROGRAM 75.00 156831 12/07/2022 000154 APPLE VALLEY COMMUNICATION INC SERVICE CALL - PUBLIC WORKS 146.63 156832 12/07/2022 001017 APPLE VALLEY FEED BIN FOOD FOR ANIMALS 48.99 156833 12/07/2022 001864 APPLE VALLEY TIRE 70 FLAT REPAIR 728.39 156834 12/07/2022 000150 AVCOM SERVICES INC. ANSWERING SERVICE - NOV 306.20 156835 12/07/2022 023051 BANNER BANK JESS RANCH LIFT STATION ESCROW ACCOUNT FOR RETENTION - ESCROW NO:
2007
2,100.00
156836 12/07/2022 000193 RICHARD BATTISTA GRAFFITI ABATEMENT NOVEMBER 2ND HALF
1,506.30
156837 12/07/2022 002298 BEAR VALLEY ANIMAL HOSPITAL SPAY/NEUTER SURGERIES 2,138.38 156838 12/07/2022 021350 BURRTEC WASTE IND, INC. OCTOBER COMPOSTING 56,896.15 156839 12/07/2022 022598 BURRTEC WASTE INDUSTRIES, INC TIRE DROP OFF 9/17/22 5,743.00 Town of Apple Valley
Commercial Warrants
Month of December 2022
156840 12/07/2022 001247 MICHAEL CADY RETIREE REIMBURSMENT 271.88 156841 12/07/2022 024623 CAL-STATE AUTO PARTS INC PURCHASE REFUND 646.56 156842 12/07/2022 022905 CANYON SPRINGS ENTERPRISES JESS RANCH LIFT STATION UPGRADES 39,900.00 156843 12/07/2022 008693 COMMERCIAL AQUATIC SERVICES POOL CHEMICALS 133.34 156844 12/07/2022 000087 COUNTY OF SAN BERNARDINO INSTRUMENT # 2022-0377271 60.00 156845 12/07/2022 001216 COUNTY OF SAN BERNARDINO- ISD DEPARTMENT RADIOS 3,344.07 156846 12/07/2022 000330 DENNIS CRON RETIREE REIMBURSEMENT 491.50 156847 12/07/2022 022495 PAMELA CUPP RETIREE REIMBURSEMENT 961.70 156848 12/07/2022 020426 DR. JAIME VELASCO MONTHLY VET CONTRACT 900.00 156849 12/07/2022 007261 CURT EMICK OVERPAID BALLOT FEES 114.00 156850 12/07/2022 008120 ENDURA STEEL CODE TRUCK 89 31.29 156851 12/07/2022 000403 E-Z GO DIV. OF TEXTRON RENTAL INVOICE FOR CARTS 4,848.75 156852 12/07/2022 004734 FAUST MEDIA SERVICES BUSINESS CARDS FOR DEVON ENCINAS 53.10 156853 12/07/2022 014844 FISH WINDOW CLEANING WINDOW CLEANING 342.00 156854 12/07/2022 000897 FRONTIER COMMUNICATIONS FRONTIER - DECEMBER STATEMENT 2,828.42 156855 12/07/2022 008559 FUN EXPRESS ASAP 1,356.41
156856 12/07/2022 022073 GLOBAL INDUSTRIES LLC 4 BOLLARDS FOR ROAD TO HILL TOP HOUSE
2,077.19
156857 12/07/2022 000452 GRAINGER, INC. CHAIR MATS 1,143.29 156858 12/07/2022 001558 HAAKER EQUIPMENT CO BROOM BEAR 1,482.27 156859 12/07/2022 000480 HI DESERT TROPHY & AWARDS LLC CUSTOM PLAQUES 1,620.38 156860 12/07/2022 012567 HITT CONSTRUCTION CO., INC. POOL EQUIPMENT BUILDING
MAINTENANCE
4,900.00
156861 12/07/2022 000501 HITT PLUMBING CO., INC. GOLF COURSE SEPTIC 3,600.00 156862 12/07/2022 023175 HOME DEPOT CREDIT SEVICES AQUATIC CENTER PHOTO CELL 500.26 156863 12/07/2022 023335 HOME DEPOT CREDIT SEVICES MISC TOOLS FOR NEW EMPLOYEE 849.72 156864 12/07/2022 000520 IMPERIAL SPRINKLER SUPPLY IRRIGATION SUPPLIES 46.26 156865 12/07/2022 020279 JOHNSON CONTROLS GOLF COURSE HEATER REPAIRS 1,902.00 156866 12/07/2022 000009 KAREN KELLEY RETIREE REIMBURSEMENT 474.28 156867 12/07/2022 022403 LORI LAMSON RETIREE REIMBURSEMENT 910.62 156868 12/07/2022 012874 KARI LEON OVERPAID BALLOT FEES 116.00 156869 12/07/2022 002187 LINCOLN AQUATICS VACUUM HOSE 2,710.93 156870 12/07/2022 005351 LOWE'S (LAR) JANITORIAL SUPPLIES 711.97 156871 12/07/2022 001708 KENNETH MARTIN RETIREE REIMBURSEMENT 231.68 156872 12/07/2022 002622 TOM MCKEON RETIREE REIMBURSEMENT 298.06 156873 12/07/2022 016065 MICHAEL BAKER INTERNATIONAL YUCCA LOMA ES SRTS 11,206.50 156874 12/07/2022 020574 CAROL MILLER RETIREE REIMBURSEMENT 508.17 156875 12/07/2022 007007 MICHAEL MOLINARI RETIREE REIMBURSEMENT 521.35 156876 12/07/2022 002368 MWI ANIMAL HEALTH MEDS 5,532.60 156877 12/07/2022 000654 NAPA WW TRAILER MISC ITEM 1,180.31
156878 12/07/2022 023410 ODP BUSINESS SOLUTIONS, LLC STAMP 115.36 156879 12/07/2022 000710 PRECISION LOCK & SAFE KEYS 188.34 156880 12/07/2022 008771 PRUDENTIAL OVERALL SUPPLY UNIFORMS GOLF PRO SHOP 631.07 156881 12/07/2022 015373 QUINN COMPANY SKID STEER LAMP GP FLOOD 29.00 156882 12/07/2022 024662 JUSTIN RUDIO S/N REFUND 40.00
156883 12/07/2022 REFUND REFUND 118.00
156884 12/07/2022 015313 SILVER VALLEY PROPANE PROPANE FOR FORKIFT HHW/S SPLIT 97.02 156885 12/07/2022 022048 DAWN SIMMONS RETIREE REIMBURSEMENT 502.94 156886 12/07/2022 000814 KEVIN SMITH RETIREE REIMBURSEMENT 331.37 156887 12/07/2022 021536 SOUTHERN CALIFORNIA RADAR CERTIFICATION OF RADAR SPEED DEVICE 90.00 156888 12/07/2022 007717 SPLATTERED INK, LLC SOLID WASTE EMBROIDERY 1,522.47 156889 12/07/2022 001309 STOTZ EQUIPMENT GOLF COURSE GREENS ROLLER PARTS 119.23 156890 12/07/2022 022267 DIANNE SULZBERGER RETIREE REIMBURSEMENT 474.28 156891 12/07/2022 018390 SUMMIT SAFETY LLC SHIRTS FOR FLEET/STREETS AND GOLF COURSE
54.57 156892 12/07/2022 020099 SUN WOODARD ENTERPRISES JW FREEZER REPAIRS 1,950.00 156893 12/07/2022 001332 TERRA NOVA PLANNING & RESEARCH FOR SERVICES FROM OCT 1 TO NOV 30, 2022
3,428.79
156894 12/07/2022 003478 TURF STAR INC. ROUGH MOWER/GREEN'S MOWER GOLF COURSE
3,094.56
156895 12/07/2022 000884 UNDERGROUND SERVICE ALERT- USA CHARGES NOVEMBER 2022 237.50 156896 12/07/2022 000893 V.V.W.R.A. FINAL SEWER PERMITS - NOVEMBER 2022 69,717.10 156897 12/07/2022 010504 VALLEY SCREENING & GRAPHICS LOGO FOR PPE STREETS 102.36 156898 12/07/2022 S/N REFUND S/N REFUND 40.00
156899 12/07/2022 001278 VULCAN MATERIALS COLD MIX 774.84 156900 12/07/2022 000923 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES 2,074.16 156901 12/07/2022 021348 WINSUPPLY WATER FILTER GOLF COURSE 325.03 156902 12/07/2022 019134 DARRYL WRIGHT RETIREE REIMBURSEMENT 658.16 156903 12/07/2022 001154 YUNEX TRAFFIC TRAFFIC SIGNAL MAINTENANCE SERVICES PW2018-01 CONTRACT EXTENSION
9,493.08
156904 12/08/2022 000158 APPLE VALLEY FIRE PROTECTION JULY- SEPT 2022 FIRE DIF 29,404.52 156905 12/08/2022 008806 APPLE VALLEY PRINTING #9 YELLOW ENVELOPES 287.64 156906 12/08/2022 001528 AVUSD SEPTEMBER FINES AND FORFEITURES 160.32 156907 12/08/2022 021170 HEATHER CONLEY EAC PETTY CASH FUND 200.00 156908 12/08/2022 000387 EDISON COMPANY 11/1/22-11/30/22 5,988.75 156909 12/08/2022 000407 FEDEX SHIPPING 122.78
156910 12/08/2022 000822 GOLDEN STATE WATER COMPANY 10/26/22-11/28/22 587.61
156911 12/08/2022 000168 LIBERTY UTILITIES 10/21/22-11/22/22 6,184.06 156912 12/08/2022 005541 MOJAVE PAINT & BODY VEHICLE REPAIR 5,318.91 156913 12/08/2022 007673 MYONLINEBILL.COM NOVEMBER SERVICES 1,819.60 156914 12/08/2022 009608 THE GOODYEAR TIRE & RUBBER CO TIRES 1,780.99 156915 12/08/2022 003789 WILLDAN FINANCIAL SERVICES SEWER RATE STUDY 625.00 156916 12/12/2022 013164 BOARDTRONICS, INC. GOLF COURSE TIMING MECHANISM 455.54 156917 12/13/2022 NEM CASH OUT NEM CASH OUT 2.59
156918 12/13/2022 NEM CASH OUT NEM CASH OUT 331.39
156919 12/13/2022 NEM CASH OUT NEM CASH OUT 227.51
156920 12/13/2022 NEM CASH OUT NEM CASH OUT 145.48
156921 12/13/2022 NEM CASH OUT NEM CASH OUT 41.13
156922 12/13/2022 NEM CASH OUT NEM CASH OUT 100.75
156923 12/13/2022 NEM CASH OUT NEM CASH OUT 83.02
156924 12/13/2022 NEM CASH OUT NEM CASH OUT 1,111.18
156925 12/13/2022 NEM CASH OUT NEM CASH OUT 3.47
156926 12/13/2022 NEM CASH OUT NEM CASH OUT 18.55
156927 12/13/2022 NEM CASH OUT NEM CASH OUT 59.76
156928 12/13/2022 NEM CASH OUT NEM CASH OUT 118.52
156929 12/13/2022 NEM CASH OUT NEM CASH OUT 375.62
156930 12/13/2022 NEM CASH OUT NEM CASH OUT 81.58
156931 12/13/2022 NEM CASH OUT NEM CASH OUT 53.42
156932 12/13/2022 NEM CASH OUT NEM CASH OUT 4.03
156933 12/13/2022 NEM CASH OUT NEM CASH OUT 20.41
156934 12/13/2022 NEM CASH OUT NEM CASH OUT 18.23
156935 12/13/2022 NEM CASH OUT NEM CASH OUT 213.87
156936 12/13/2022 NEM CASH OUT NEM CASH OUT 24.21
156937 12/13/2022 NEM CASH OUT NEM CASH OUT 212.30
156938 12/13/2022 NEM CASH OUT NEM CASH OUT 8.52
156939 12/13/2022 NEM CASH OUT NEM CASH OUT 54.66
156940 12/13/2022 NEM CASH OUT NEM CASH OUT 16.21
156941 12/13/2022 NEM CASH OUT NEM CASH OUT 39.03
156942 12/13/2022 NEM CASH OUT NEM CASH OUT 50.15
156943 12/13/2022 NEM CASH OUT NEM CASH OUT 72.20
156944 12/13/2022 NEM CASH OUT NEM CASH OUT 51.91
156945 12/13/2022 NEM CASH OUT NEM CASH OUT 16.80
156946 12/13/2022 NEM CASH OUT NEM CASH OUT 10.43
156947 12/13/2022 NEM CASH OUT NEM CASH OUT 160.64
156948 12/13/2022 NEM CASH OUT NEM CASH OUT 120.12
156949 12/13/2022 NEM CASH OUT NEM CASH OUT 6.73
156950 12/13/2022 NEM CASH OUT NEM CASH OUT 329.43
156951 12/13/2022 NEM CASH OUT NEM CASH OUT 8.63
156952 12/13/2022 NEM CASH OUT NEM CASH OUT 12.98
156953 12/13/2022 NEM CASH OUT NEM CASH OUT 33.80
156954 12/13/2022 NEM CASH OUT NEM CASH OUT 20.36
156955 12/13/2022 NEM CASH OUT NEM CASH OUT 107.27
156956 12/13/2022 NEM CASH OUT NEM CASH OUT 28.03
156957 12/13/2022 NEM CASH OUT NEM CASH OUT 142.06
156958 12/13/2022 NEM CASH OUT NEM CASH OUT 37.15
156959 12/13/2022 NEM CASH OUT NEM CASH OUT 17.15
156960 12/13/2022 NEM CASH OUT NEM CASH OUT 4.86
156961 12/13/2022 NEM CASH OUT NEM CASH OUT 37.99
156962 12/13/2022 VOID VOID 0.00
156963 12/13/2022 NEM CASH OUT NEM CASH OUT 214.21
156964 12/13/2022 NEM CASH OUT NEM CASH OUT 38.08
156965 12/13/2022 NEM CASH OUT NEM CASH OUT 58.52
156966 12/13/2022 NEM CASH OUT NEM CASH OUT 63.19
156967 12/13/2022 NEM CASH OUT NEM CASH OUT 84.66
156968 12/13/2022 NEM CASH OUT NEM CASH OUT 6.08
156969 12/13/2022 NEM CASH OUT NEM CASH OUT 42.99
156970 12/13/2022 NEM CASH OUT NEM CASH OUT 78.12
156971 12/13/2022 NEM CASH OUT NEM CASH OUT 73.36
156972 12/13/2022 NEM CASH OUT NEM CASH OUT 2.62
156973 12/13/2022 NEM CASH OUT NEM CASH OUT 95.16
156974 12/13/2022 NEM CASH OUT NEM CASH OUT 182.46
156975 12/13/2022 NEM CASH OUT NEM CASH OUT 137.62
156976 12/13/2022 NEM CASH OUT NEM CASH OUT 48.41
156977 12/13/2022 NEM CASH OUT NEM CASH OUT 82.72
156978 12/13/2022 NEM CASH OUT NEM CASH OUT 129.01
156979 12/13/2022 NEM CASH OUT NEM CASH OUT 74.49
156980 12/13/2022 NEM CASH OUT NEM CASH OUT 36.74
156981 12/13/2022 NEM CASH OUT NEM CASH OUT 15.29
156982 12/13/2022 NEM CASH OUT NEM CASH OUT 38.04
156983 12/13/2022 NEM CASH OUT NEM CASH OUT 24.88
156984 12/13/2022 NEM CASH OUT NEM CASH OUT 134.64
156985 12/13/2022 NEM CASH OUT NEM CASH OUT 278.23
156986 12/13/2022 NEM CASH OUT NEM CASH OUT 15.06
156987 12/13/2022 NEM CASH OUT NEM CASH OUT 77.62
156988 12/13/2022 NEM CASH OUT NEM CASH OUT 9.07
156989 12/13/2022 NEM CASH OUT NEM CASH OUT 78.03
156990 12/13/2022 NEM CASH OUT NEM CASH OUT 64.67
156991 12/13/2022 NEM CASH OUT NEM CASH OUT 4.94
156992 12/13/2022 NEM CASH OUT NEM CASH OUT 159.25
156993 12/13/2022 TRASH REFUND TRASH REFUND 24.86
156994 12/13/2022 TRASH REFUND TRASH REFUND 80.66
156995 12/13/2022 TRASH REFUND TRASH REFUND 33.77
156996 12/13/2022 TRASH REFUND TRASH REFUND 16.89
156997 12/13/2022 TRASH REFUND TRASH REFUND 69.05
156998 12/13/2022 TRASH REFUND TRASH REFUND 41.66
156999 12/13/2022 TRASH REFUND TRASH REFUND 103.56
157000 12/13/2022 TRASH REFUND TRASH REFUND 53.34
157001 12/13/2022 TRASH REFUND TRASH REFUND 12.02
157002 12/13/2022 TRASH REFUND TRASH REFUND 42.86
157003 12/13/2022 TRASH REFUND TRASH REFUND 770.90
157004 12/13/2022 TRASH REFUND TRASH REFUND 21.60
157005 12/13/2022 TRASH REFUND TRASH REFUND 212.45
157006 12/13/2022 TRASH REFUND TRASH REFUND 48.49
157007 12/13/2022 TRASH REFUND TRASH REFUND 50.52
157008 12/13/2022 TRASH REFUND TRASH REFUND 49.53
157009 12/13/2022 TRASH REFUND TRASH REFUND 122.91
157010 12/13/2022 TRASH REFUND TRASH REFUND 49.71
157011 12/13/2022 TRASH REFUND TRASH REFUND 35.37
157012 12/13/2022 TRASH REFUND TRASH REFUND 99.28
157013 12/13/2022 TRASH REFUND TRASH REFUND 29.10
157014 12/13/2022 TRASH REFUND TRASH REFUND 40.74
157015 12/13/2022 TRASH REFUND TRASH REFUND 29.47
157016 12/13/2022 TRASH REFUND TRASH REFUND 78.80
157017 12/13/2022 TRASH REFUND TRASH REFUND 101.44
157018 12/13/2022 TRASH REFUND TRASH REFUND 74.29
157019 12/13/2022 TRASH REFUND TRASH REFUND 90.66
157020 12/13/2022 TRASH REFUND TRASH REFUND 39.68
157021 12/13/2022 TRASH REFUND TRASH REFUND 200.00
157022 12/13/2022 TRASH REFUND TRASH REFUND 22.32
157023 12/13/2022 TRASH REFUND TRASH REFUND 172.37
157024 12/13/2022 TRASH REFUND TRASH REFUND 63.04
157025 12/13/2022 TRASH REFUND TRASH REFUND 44.24
157026 12/13/2022 TRASH REFUND TRASH REFUND 93.59
157027 12/13/2022 TRASH REFUND TRASH REFUND 56.73
157028 12/13/2022 TRASH REFUND TRASH REFUND 80.86
157029 12/13/2022 TRASH REFUND TRASH REFUND 10.13
157030 12/13/2022 TRASH REFUND TRASH REFUND 367.79
157031 12/13/2022 TRASH REFUND TRASH REFUND 331.72
157032 12/13/2022 TRASH REFUND TRASH REFUND 52.13
157033 12/13/2022 TRASH REFUND TRASH REFUND 46.81
157034 12/14/2022 022496 AMERICAN EXPRESS LINKAGE FEE 8-61022 90.00 157035 12/14/2022 000182 BURRTEC WASTE INDUSTRIES INC AS 750,965.34 157036 12/14/2022 009913 DIVISION OF THE STATE QE 9-30-22 30.40 157037 12/14/2022 000387 EDISON COMPANY 11/4/22-12/6/22 5,339.86 157038 12/14/2022 000407 FEDEX SHIPPING 102.60
157039 12/14/2022 004935 HDL SOFTWARE LLC OCTOBER SERVICES 294.92 157040 12/14/2022 000168 LIBERTY UTILITIES 9/26/22-11/28/22 4,195.11 157041 12/14/2022 023410 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 802.14 157042 12/14/2022 000062 RSG, INC FY 22-23 RECONCILLIATION 1,833.75 157043 12/14/2022 NEM CASH OUT NEM CASH OUT 394.33
157044 12/14/2022 000825 SOUTHWEST GAS CORPORATION 11/4/22-12/6/22 5,843.94 157045 12/14/2022 000171 TOWN OF APPLE VALLEY DECEMBER SEWER 41.16 157046 12/14/2022 024748 WASTEWATER ARREARAGES PMT PROG WASTE WATER GRANT RETURN 687,802.54 157047 12/14/2022 013703 AIRGAS USA, LLC WIRE FOR EQUIPMENT MAINTENANCE 70.53 157048 12/14/2022 000102 ALBERTSONS LLC SANTA RUN 64.04 157049 12/14/2022 000378 ALLIANT INSURANCE SERVICES INC ERRORS AND OMISSIONS FOR DEBBIE 51.00 157050 12/14/2022 021342 AMAZON CAPITAL SERVICES AMAZON - DEC - OFFICE SUPPLIES 485.65 157051 12/14/2022 020532 AMERICAN TREE COMPANY TREE CUTTING SERVICES FOR GOLF COURSE
4,995.00
157052 12/14/2022 002298 BEAR VALLEY ANIMAL HOSPITAL MEDICAL SERVICE, S/N SURGERIES 4,556.91 157053 12/14/2022 003649 BECK OIL INC. CARDLOCK FUEL 1,186.91 157054 12/14/2022 000914 CAPITAL ONE CHRISTMAS TREE LIGHTING 233.35 157055 12/14/2022 001347 CERTIFIED CREDIT REPORTING INC 11/30/2022 REFERENCE 0248438-IN 238.00 157056 12/14/2022 000088 CHARLES ABBOTT ASSOCIATES TOWN OF APPLE VALLEY RRLP OCTOBER 2022
82,574.75
157057 12/14/2022 018717 CHARTER COMMUNICATIONS SPECTRUM - NOV STATEMENT 6,422.55 157058 12/14/2022 023876 CLUB CADDIE HOLDINGS CLUB CADDIE - DEC 750.00 157059 12/14/2022 008781 CULLIGAN BOTTLED WATER CULLIGAN WATER 124.15 157060 12/14/2022 021498 SHELBY DORAN TUITION REIMBURSEMENT 325.00 157061 12/14/2022 022280 ENVIROMINE, INC. DATE OF SERVICE 11/1/22 TO 11/30/22 1,268.75 157062 12/14/2022 000452 GRAINGER, INC. BLOWER DUCTING 1,556.30 157063 12/14/2022 024665 JOHN HERNANDEZ BOOT PURCHASE FOR JOHN HERNANDEZ 200.00 157064 12/14/2022 000480 HI DESERT TROPHY & AWARDS LLC PLAQUE FOR MYLS 1,768.28 157065 12/14/2022 000501 HITT PLUMBING CO., INC. SHELTER REPAIRS 4,140.00 157066 12/14/2022 023335 HOME DEPOT CREDIT SEVICES MISC WW TOOLS 128.96
157067 12/14/2022 000534 INTERNATIONAL INSTITUTE OF- ANNUAL MEMBERSHIP 125.00 157068 12/14/2022 021301 JASON CHAIDEZ LANDSCAPE MAINTENANCE CONTRACT PW2021-01
443.79
157069 12/14/2022 014262 KIMBALL MIDWEST PPE S/WW SPLIT 813.17 157070 12/14/2022 007034 KONICA MINOLTA KONICA - FLEET OCT/NOV 12,665.42 157071 12/14/2022 020577 LEE & RO, INC. JESS RANCH LIFT STATION FEASIBILITY
AND DESIGN PROJECT
11,963.05
157072 12/14/2022 005351 LOWE'S (LAR) SMALL TOOLS S/WW SPLIT 190.98 157073 12/14/2022 010585 KIEL MANGERINO LAW CONFERENCE MILEAGE 368.22 157074 12/14/2022 001499 LANCE MILLER RETIREE REIMBURSEMENT 116.39 157075 12/14/2022 024664 MOAB TRAINING INTERNATIONAL CLINE RECERTIFICATION 525.00 157076 12/14/2022 024718 EREZ PERETZ REFUND LATERAL INSPECTION FEE 216.70 157077 12/14/2022 008771 PRUDENTIAL OVERALL SUPPLY UNIFORMS 694.16 157078 12/14/2022 017778 PAMELA QUICK EMPLOYEE MEAL REIMBURESTMENT 300.62 157079 12/14/2022 015373 QUINN COMPANY GRAPPLE RAKE FOR CATERPILLAR 4,665.21 157080 12/14/2022 013504 AMY RAINES, DVM, MS FORENSICS NECROPSY 800.00 157081 12/14/2022 022418 ROBIN RONQUILLO DOT PHYSICAL FOR CLASS B LICENSE 40.00 157082 12/14/2022 011479 ROW TRAFFIC SAFETY, INC DECALS FOR TRUCKS S/WW SPLIT 205.59 157083 12/14/2022 000770 S.B. CO. ASSESSOR-RECORDER CUSTOMER STATEMENT FOR THE PERIOD 220.00 157084 12/14/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 157085 12/14/2022 012843 SHRED YOUR DOCS.COM 111 BOXES DOCS SHREDDED 751.00 157086 12/14/2022 024723 SOLERA GLOBAL CORP. IDENTIFIX GOV/FLEET SUBSCIRPTION -
DIRECT HIT
1,428.00
157087 12/14/2022 024439 SOPHIA F. SCULLY SCULLY HAIRCUTS, DISBURSEMENT NO. 2 7,332.40 157088 12/14/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 157089 12/14/2022 018390 SUMMIT SAFETY LLC PPE STREETS 326.09 157090 12/14/2022 024606 SWARCO MCCAIN, INC. SNS TAO RD AND CORWIN RD 4,998.52 157091 12/14/2022 SPAY/NUTER REFUND SPAY/NUTER REFUND 40.00 157092 12/14/2022 024607 TRINITY YOUTH SERVICES BOND RELEASE FOR CASE NUMBER TUP2018-003
4,000.00
157093 12/14/2022 003478 TURF STAR INC. FUEL FILTERS FOR GROUNDS 69.92 157094 12/14/2022 001758 UNITED SITE SERVICES INC. DISPOSAL FOR BREWSTER PARK 1,142.42 157095 12/14/2022 000891 USA BLUEBOOK HYDRANT WRENCH 215.96 157096 12/14/2022 000166 VALLEYWIDE NEWSPAPERS LLC NOTICE OF FUNDING AVAILABILITY CDBG & 336.00 157097 12/14/2022 000900 VICTOR VALLEY ANIMAL SPAY/NEUTER VOUCHERS 300.00 157098 12/14/2022 001278 VULCAN MATERIALS COLD MIX 738.73
157099 12/14/2022 000923 WAXIE SANITARY SUPPLY MAINTENANCE SUPPLIES FOR GROUNDS 2,595.59 157100 12/21/2022 000126 AMERICAN COMPUTER SERVICE PROGRAMMING PER HOUR 14,229.62 157101 12/21/2022 VOID VOID 0.00
157102 12/21/2022 VOID VOID 0.00
157103 12/21/2022 000387 EDISON COMPANY 11/9/22-12/11/22 39,882.19 157104 12/21/2022 016856 GUY EISENBREY JR PERS HEALTH REIMBURSEMENT 594.69 157105 12/21/2022 000407 FEDEX SHIPPING 85.77
157106 12/21/2022 020890 FINANCIAL CREDIT NETWORK INC FANNIE MAE TRASH PMT 26.09 157107 12/21/2022 012826 FLYERS ENERGY, LLC PD FUEL 237.11 157108 12/21/2022 021810 GREINES, MARTIN, STEIN AV RANCHOS WATER CORP 616.00 157109 12/21/2022 000488 HIGH DESERT LASER GRAPHICS DOMINGUEZ BADGE 18.48 157110 12/21/2022 000500 HINDERLITER DE LLAMAS & ASSOC OCT-DEC 2022 CONTRACT SERV. 1,959.10 157111 12/21/2022 007672 LORRI KEYSER REIMBURSEMENT 268.96 157112 12/21/2022 000168 LIBERTY UTILITIES 10/10/22-12/8/22 32,867.26 157113 12/21/2022 005541 MOJAVE PAINT & BODY VEHICLE REPAIR 812.87 157114 12/21/2022 023410 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 618.32 157115 12/21/2022 009276 PARS OCTOBER 2022 468.66
157116 12/21/2022 005036 QUADIENT FINANCE USA, INC POSTAGE 1,500.00 157117 12/21/2022 000825 SOUTHWEST GAS CORPORATION 11/8/22-12/8/22 4,776.22 157118 12/21/2022 000841 STATE OF CALIFORNIA- D.O.J. LIVESCANS 599.00 157119 12/21/2022 007796 360 FREESTYLE GYMNASTICS INSTRUCTOR PMNT 11/22 SESSION OF
GYMNASTICS
205.10
157120 12/21/2022 008201 ABF PRINTS, INC. AVCE 792.21
157121 12/21/2022 023171 MATTHEW AHERN COLD WEATHER OVERALLS FOR MATTEW AHERN
70.03 157122 12/21/2022 000102 ALBERTSONS LLC DAY CAMP 8.62 157123 12/21/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 157124 12/21/2022 002980 ALL GOOD DRIVING SCHOOL, INC. INSTRUCTOR PAYMENT FOR NOV 22
DRIVERS EDUCATION CLASSES
133.00
157125 12/21/2022 000378 ALLIANT INSURANCE SERVICES INC ALLIANT INSURANCE PAYMENT; QUARTER 3 4,491.00
157126 12/21/2022 021342 AMAZON CAPITAL SERVICES AMAZON - SUPPLIES FOR HD 2612 820.31 157127 12/21/2022 000140 ANIMAL CARE HOSPITAL SPAY/NEUETER VOUCHER 75.00 157128 12/21/2022 022592 APPLE VALLEY PORTABLES NORM SCHMIDT PARK PORTA POTS 3,400.01 157129 12/21/2022 001864 APPLE VALLEY TIRE GOLF COURSE TRACTOR TIRE FLAT REPAIR
1,127.50
157130 12/21/2022 023179 ARCHITERRA INC HILLTOP HOUSE DESIGN 3,754.32 157131 12/21/2022 000180 ASSISTANCE LEAGUE OF V.V. HALF OFF SECURITY DEPOSIT REFUNDED PERMIT 2921
250.00
157132 12/21/2022 DEPOSIT REFUND PERMIT #2827 DEPOSIT REFUND PERMIT #2827 500.00 157133 12/21/2022 000193 RICHARD BATTISTA GRAFFITI ABATEMENT DECEMBER 1ST HALF
1,020.00
157134 12/21/2022 002298 BEAR VALLEY ANIMAL HOSPITAL EXAM 157.06 157135 12/21/2022 000197 BEAR VALLEY PARTY RENTALS COUNCIL CHRISTMAS TEA 118.34 157136 12/21/2022 016864 DON BURNELL INSTRUCTOR PAYMENT FOR NEV 2022 FOR
IRON TIGER CUBS/DOSHIN CLASSES
60.20 157137 12/21/2022 022598 BURRTEC WASTE INDUSTRIES, INC TIRES 2,782.48 157138 12/21/2022 024623 CAL-STATE AUTO PARTS INC #69 POTENTIOMETER 199.54 157139 12/21/2022 000914 CAPITAL ONE ASAP 689.14
157140 12/21/2022 003378 MARY ANNE CARROLL INSTRUCTOR PAYMENT FOR 11/22
SESSION OF YOGA FIT
360.19
157141 12/21/2022 018717 CHARTER COMMUNICATIONS SPECTRUM - DEC - FIBER - JAMES WOODY 1,099.02 157142 12/21/2022 018586 DATA TICKET INC HEARING- DENIED BUSINESS LICENSE IYLA
SMOKE AND VAPE SHOP
496.00
157143 12/21/2022 002032 DAVID EVANS & ASSOC, INC Design of Muni Road Driveway Improvement 593.53 157144 12/21/2022 012720 DEAN HOWARD HEAT & AIR INC. HEATER REPAIR AT AQUATIC CENTER 1,375.00 157145 12/21/2022 001243 DESERT VALLEY TOWING TOWING FOR VEHICLE #64 FOR FACILITIES 75.00 157146 12/21/2022 011344 EDWARD R. BACON COMPANY INC LAYMOR RADIATOR REPAIRS 1,396.53 157147 12/21/2022 022563 DEVON ENCINAS COLD WEATHER OVERALLS FOR DEVON
ENCINAS
118.51
157148 12/21/2022 011747 FASTENAL COMPANY EVENT SUPPLIES 72 17 OZ. INV MARK
APWA WHITE
382.62
157149 12/21/2022 014844 FISH WINDOW CLEANING WINDOW CLEANING PUBLIC WORKS 1,297.00 157150 12/21/2022 000679 G.A. OSBORNE PIPE & SUPPLY COUPLER VALVE SUPPLIES FOR GOLF COURSE
534.05
157151 12/21/2022 024528 GATEHOUSE MEDIA CALIFORNIA NOTICE OF HEARING 266.05 157152 12/21/2022 000452 GRAINGER, INC. WW CONF. SP FAN 761.24 157153 12/21/2022 021810 GREINES, MARTIN, STEIN TOWN OF APPLE VALLEY V. APPLE VALLEY 8,183.00 157154 12/21/2022 024757 STEVE HAMM WATER AND CUPS FOR PRO SHOP AND
EMPLOYEES
46.95 157155 12/21/2022 018653 HASA INC. POOL CHEMICALS 227.10 157156 12/21/2022 009475 HESPERIA OUTDOOR POWER EQUIP NEW CHAINSAW FOR GOLF COURSE 640.81 157157 12/21/2022 023335 HOME DEPOT CREDIT SEVICES CONCRETE ACCELERATOR FOR MANHOLE RINGS
83.05 157158 12/21/2022 000977 IDEXX DISTRIBUTION, INC MEDS 491.34
157159 12/21/2022 000520 IMPERIAL SPRINKLER SUPPLY IRRIGATIONS SUPPLIES 771.70 157160 12/21/2022 020279 JOHNSON CONTROLS CHILLER/AC REPAIRS 6,950.00 157161 12/21/2022 000548 JON'S FLAGS & POLES INC. FLAG REPLACEMENTS 533.36 157162 12/21/2022 003119 KNC CONSTRUCTION RRLP- DEL CAMPO 1ST DISBURSEMENT 71,747.00 157163 12/21/2022 006565 KONICA MINOLTA BUSINESS KONICA - BIZHUB - DEC 41.07 157164 12/21/2022 005351 LOWE'S (LAR) L-10 PAINT FOR GATES TO STORM DRAINS 574.69 157165 12/21/2022 015206 MDG ASSOCIATES INC LABOR COMPLIANCE SERVICES ADA GOLF 10,366.14 157166 12/21/2022 020555 MERRELL JOHNSON COMPANIES MUNI RD MATERIAL TESTING 4,972.00 157167 12/21/2022 000634 BILL MOCHARNUK INSTRUCTOR PAYMENT FOR 11/22 TENNIS
LESSONS
222.66
157168 12/21/2022 006275 MOJAVE DESERT & MOUNTAIN JPA QUARTER ENDING MARCH 2023 46,222.58 157169 12/21/2022 018836 MARIA MURO INSTRUCTOR PMNT FOR 11/22 SESSION OF ZUMBA
355.20
157170 12/21/2022 024722 TERRY MURRAY LANDSCAPE DEFERRAL DEPOSIT RETURN 7,169.00 157171 12/21/2022 002368 MWI ANIMAL HEALTH MEDS 2,310.22 157172 12/21/2022 010385 MELANIE MYERS INSTRUCTOR PMNT FOR 11/22 ACTING
CLASSES
1,113.00
157173 12/21/2022 000654 NAPA GOLF COURSE FUSE HLDER/ LED CREDIT 765.18 157174 12/21/2022 011959 NIEMELA PAPPAS & ASSOCIATES NIEMELA PAPPAS & ASSOCIATES LLC 3,000.00 157175 12/21/2022 023410 ODP BUSINESS SOLUTIONS, LLC CARDSTOCK 574.44 157176 12/21/2022 002413 OPTIMIST CLUB OF APPLE VALLEY REFUND FOR DEPOSIT DUE TO NOT
ENOUGH STAFF INTERESTED IN WORKING
EVENT
500.00
157177 12/21/2022 SPAY/NEUTER REFUND SPAY/NEUTER REFUND 40.00 157178 12/21/2022 016376 PRECISION BLUEPRINTS SERVICE AND SCAN 54.56 157179 12/21/2022 000710 PRECISION LOCK & SAFE 4 PADLOCKS HHW 114.56 157180 12/21/2022 008771 PRUDENTIAL OVERALL SUPPLY UNIFORMS S/WW 1,434.61 157181 12/21/2022 015373 QUINN COMPANY 24" CONCRETE COLD PLANER 435.55 157182 12/21/2022 024751 JOHN RAUM REFUND FOR 1 HR OF SETUP DUE TO
FACILITIY NOT BEING OPENED
56.00 157183 12/21/2022 021425 HAILEY RICHLING INSTRUCTOR PAYMENT FOR 11/22 FOR
TAP AND BALLET CLASS
723.00
157184 12/21/2022 011479 ROW TRAFFIC SAFETY, INC STREET SIGNS 3,574.08 157185 12/21/2022 016990 SALES & DISTRIBUTION SERVICES 18 3.5 GAL AQUAPHALT 1,119.77 157186 12/21/2022 013524 SAMARITAN ANIMAL HOSPITAL SPAY/NEUTER 75.00
157187 12/21/2022 000790 SAN BERNARDINO & RIVERSIDE FIRE SPRINKLER CERTIFICATION FOR JAMES
7,446.44
157188 12/21/2022 000769 SAN BERNARDINO COUNTY GENERAL ASSESSMENT MEMBERSHIP DUES FY 2022/2023
11,978.00
157189 12/21/2022 000787 SAN BERNARDINO COUNTY SHERIFF'S
DEPARTMENT
DECEMBER 1,433,712.00
157190 12/21/2022 024554 SIMPLOT AB RETAIL INC DBA FALL SPORTS FIELD RENOVATION 12,945.43 157191 12/21/2022 000809 SMART & FINAL WINTER WONDERLAND/CHRISTMAS TREE
LIGHTING
59.69 157192 12/21/2022 002213 SOLUTION STRATEGIES INC. SERVICES FOR NOVEMBER 1-30, 2022 10,000.00 157193 12/21/2022 013956 SOUTHERN CALIFORNIA EDISON RELOCATE EDISON FACILITIES FOR JESS
RANCH LIFT STATION PROJECT
52,333.59
157194 12/21/2022 021174 STATES AND DOOR AND HARDWARE THUNDERBIRD REPAIRS 276.67 157195 12/21/2022 000846 STILES ANIMAL REMOVAL, INC. MONTHLY SERVICE 16,470.00 157196 12/21/2022 001309 STOTZ EQUIPMENT GOLF COURSE GROUNDS GATOR PARTS 1,439.69 157197 12/21/2022 002184 STOVER SEED COMPANY SEED FOR FIELDS 45,255.00 157198 12/21/2022 011688 STUDIO K COMMUNITY CALENDARS 950.00 157199 12/21/2022 002422 SWRCB ACCOUNTING OFFICE ANNUAL PERMIT 29,951.00 157200 12/21/2022 001475 SHARI TAYLOR INSTRUCTOR PMNT FOR NOV. 22 SESSION
FOR BATON
158.40
157201 12/21/2022 001014 TOTAL PLAN BUSINESS TOTAL PLAN BUSINESS INTERIORS STACK CHAIR BREY BACK /SEAT/36" TABLE
694.99
157202 12/21/2022 003478 TURF STAR INC. GOLF COURSE MOWER PARTS 1,170.42 157203 12/21/2022 016133 TYLER TECHNOLOGIES INC MUNIS INTEGRATION - KELLE (NOV 28 & 29) 1,480.00 157204 12/21/2022 000876 TYPE-SET-GO YOUTH BASKETBALL JERSEYS 5,601.92 157205 12/21/2022 000890 CHRIS URMSTON INSTRUCTOR PAYMENT FOR NOV 22
SESSIONOF TAI CHI
199.80
157206 12/21/2022 000893 V.V.W.R.A. SEWAGE TREATMENT NOVEMBER 2022 276,550.03 157207 12/21/2022 010504 VALLEY SCREENING & GRAPHICS ADVENTURES IN PEE WEE SPORTS 551.36 157208 12/21/2022 000894 VALLEY SECURITY SYSTEMS INC ALARM SYSTEM 254.00 157209 12/21/2022 024295 HOLLY VASQUEZ HOLIDAY PARTY CATERING 200.00 157210 12/21/2022 016981 JONATHON VASQUEZ INSTRUCTOR PMNT FOR NOV 22 SESSION
OF GRACIE JUI JITSU CLASSES
135.80
157211 12/21/2022 000923 WAXIE SANITARY SUPPLY NON ACID BATHROOM BOWL CLEANER
GROUNDS
3,106.43
157212 12/21/2022 008775 WEST COAST SAND & GRAVEL, INC USGA TOPDRESSING FOR GOLF COURSE 1,734.93
157213 12/21/2022 011328 WILD HAIR COMPANY SBA GRANT WILD HAIR COMPANY
EMERGENCY
4,871.02
157214 12/21/2022 001154 YUNEX TRAFFIC TRAFFIC SIGNAL MAINTENANCE SERVICES PW2018-01 CONTRACT EXTENSION
7,413.83
157215 12/22/2022 010143 AMERICAN FIDELITY ASSURANCE DECEMBER PREMIUMS 5,065.44 157216 12/22/2022 001528 AVUSD OCTOBER 2022 FINES AND FORFEITURES 148.70 157217 12/22/2022 008857 CHLIC-CHICAGO DECEMBER PREMIUMS 2,037.93 157218 12/22/2022 011409 FIDELITY SECURITY LIFE INS / DECEMBER PREMIUMS 1,017.14 157219 12/22/2022 018484 NEW YORK LIFE DECEMBER PREMIUMS 988954670 644.00 157220 12/22/2022 018332 PRINCIPAL DECEMBER PREMIUMS 10,880.88 157221 12/22/2022 011408 TEXAS LIFE INSURANCE CO. DECEMBER PREMIUMS 1,034.38 157222 12/22/2022 008788 ZURICH NORTH AMERICA DECEMBER PREMIUMS 121.44 157223 12/22/2022 015315 CALPINE ENERGY SERVICES LP NOVEMBER SERVICES 215,875.00 157224 12/22/2022 NEM CASH OUT NEM CASH OUT 75.08
157225 12/22/2022 000199 B B & K EMINENT DOMAIN 13,679.17 414 Checks Total amount of checks: 4,508,369.02
Wire Reference Date Beneficiary Name Description Wire Total 93052465 12/7/2022 FIRST AMERICAN TITLE COMPANY ESCROW DEPOSIT $ 3,190.00
TOWN OF APPLE VALLEY
WIRE TRANSFERS
MONTH OF DECEMBER 2022
Town Council Agenda Report
Date: January 24, 2023
To: Honorable Mayor and Town Council
Subject: DECEMBER 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 December 1 through December 31, 2022, in the amount of $630,004.73 net of voids, covering issued warrant #s 68527-68581 and direct deposit advice #s 9981525-9981845 are herewith submitted for approval.
FISCAL IMPACT
DATE TOTAL
12/09/2022 $317,277.68
12/23/2022 $312,727.05
TOTAL: $630,004.73
The payroll and benefit warrants issued, covering warrant #s 68527 - 68581 and direct deposit advice #s 9981525 – 9981845 inclusive, totaled $630,004.73. Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.
Town Council Agenda Report
Date: January 24, 2023
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR THE MUNI ROAD DRIVEWAY AND
BOX CULVERT 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 Jergensen Construction, Inc. as part of the Muni Road Driveway and Box Culvert Project for a total contract cost of $254,263.
B. Direct the Town Clerk to file the Notice of Completion for the contracted 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
Due to the realignment of Apple Valley Road at Highway 18, access to westerly Wika Road has been eliminated from Apple Valley Road in front of the Desert Mountain Plaza.
The Muni Road Driveway and Box Culvert Project constructed a new access point to the plaza from Muni Road at the intersection of Chiwi Road. The new driveway mirrors the driveway located on Muni Road providing access to 17768 Wika Road and allows for better access and improved circulation in the plaza.
ANALYSIS
The project was awarded to Jergensen Construction, Inc. on October 25, 2022, and work began in mid November. On January 3, 2022, 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 using account 4410-5210-9473-0000.
ATTACHMENTS
A. Project Location
B. Notice of Completion
PROJECT LOCATION
Town Council Agenda Report
Date: January 24, 2023
To: Honorable Mayor and Town Council
Subject: AWARD A PROFESSIONAL SERVICES AGREEMENT TO DAVID
EVANS & ASSOCIATES FOR THE CENTRAL ROAD WIDENING
PROJECT
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 award a Professional Services Agreement to David Evans & Associates for the Central Road Widening project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
BACKGROUND
Currently, Central Road, from Bear Valley Road to Highway 18, is a two-mile Arterial Roadway with two travel lanes. There are multiple Victor Valley Transit Authority (VVTA) bus stops along the corridor with limited room to pull out of the roadway when picking up or dropping off passengers. Additionally, vehicles making a left turn in either direction block traffic due to the lack of a turn lane. The purpose of this project is to widen the segment to 44’ and add a continuous left turn pocket and Class II bike lanes. The project will also evaluate the existing VVTA stops along the corridor ensuring there is ample space for them to pull out of the roadway.
ANALYSIS
The Town issued a Request for Proposals seeking a design engineering consultant to prepare the Plans, Specifications, Estimate, and Right of Way Services for the subject project. On December 15, 2022, staff received and reviewed proposals from three qualified firms. Staff reviewed each of the three proposals and evaluated the proposals based on the following criteria:
Understanding of the work to be done 30
Experience with similar kinds of work 30
Quality of staff for work to be done 30
Quality and Completeness of 10
Upon completion of the evaluation the cost proposals of the two top ranked firms were opened and evaluated.. Based on the evaluation of the technical and cost proposal, staff recommends that David Evans & Associates be awarded a Professional Services Agreement for design and right of way services for this project in an amount totaling $375,792.00.
FISCAL IMPACT
Funding for the project has been appropriated for in the adopted FY 2022-2023 budget using local Measure I (2021-5210-9217-0000). The design phase of the project is anticipated to last 14 months and be completed in FY 23/24.
ATTACHMENTS
A. Project Location.
B. Professional Services Agreement.
Project Location
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TOWN OF APPLE VALLEY
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 24th day of January, 2023, 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 David Evans and Associates, Inc., a Corporation, with its principal place of business at 18484 Outer Highway 18 North, Suite 225, Apple Valley, CA 92307 ("Consultant"). Town and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Town on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering and design 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 Central Road Widening Project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering and design 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 January 24, 2023 to June 30, 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
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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 not exceed Three Hundred Seventy-Five Thousand Seven Hundred Ninety-Two Dollars ($375,792.00) without written approval of theTown 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 anemployee.
Any personnel performing the Services on behalf of Consultant shall not be employeesof 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 notlimited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of Town, Consultant shall provide a more detailed schedule of anticipated performance
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to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Town.
3.3.4 Substitution of Key Personnel. Consultant has represented to Town that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Town. In the event that Town and Consultant cannot agree as to the substitution of key personnel, Town shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Robert Kilpatrick PE/TE, Steven Anderson, PE, PMP, Bret Thorpe, PE.
3.3.5 Town's Representative. The Town hereby designates Mike Podegracz, PE, Town Engineer, 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 Robert Kilpatrick PE/TE, 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, subject to the Standard of Care, 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 otherstaff 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
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adequate or timely completion of the Project, a threat to the safety of persons or property, or any 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”).
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); (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
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and sub-subconsultants to comply with the same. Consultant certifies that it has not committed 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 insurancerequired 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
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the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for 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 per claim and in the aggregate. Covered professional services shall specifically include all work to be performed under the Agreement. 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
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shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured.
(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 subrogationin favor of the Town, its officials, officers, employees, agents, and volunteers or shall specificallyallow 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, which may be redacted at Consultant’s or Consultant’s insurer’s discretion to protect confidential or proprietary elements of the policies.
(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, 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
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endorsed to name the Town, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to 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, tothe extent applicable. The Consultant shall provide satisfactory evidence of compliance with thissection 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 liabilityarising 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 ofIndustrial 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 withall 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
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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 shallbe considered Consultant caused delay and shall not be compensable by the Town. Consultantshall 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: David Evans and Associates, Inc.
18484 Outer Highway 18 North, Suite 225
Apple Valley, CA 92307
ATTN: Robert Kilpatrick, PE/TE
Town: Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, California 92307
ATTN: Mike Podegracz, PE
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 reproductionand 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 amountof 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 ) ten (10) 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 areasonable effort to notify Town and provide Town with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that Town is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the Town.
3.6.3.3 Right to Use. Town shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or
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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, unless such disclosure is required by law, rule, regulation, court order, government investigation, or whistleblowing. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothingfurnished 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 reasonable attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. Town shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with Town's choice of legal counsel), and hold Town harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that Town release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,
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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 reasonably acceptable to the Town), 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, to the extent arising out of any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents for whom it is legally liable 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.
3.6.10 Successors and Assigns. This Agreement shall be binding on the
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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 DAVID EVANS AND ASSOCIATES,
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
TOWN OF APPLE VALLEY
By:
Douglas B. 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
DAVID EVANS AND ASSOCIATES, INC.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
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Exhibit “A”
Scope of Work
Scope of Work
Task 1: Project Management
1.1 – Kick-off, Initial Scope and Schedule
The project will be initiated with a kickoff meeting to which all involved stakeholders would be invited including Town of Apple Valley staff. The project team will fully review the design guidelines/criteria prior to the meeting. The probable agenda for this meeting includes:
◼ Introduction of participants and their roles and responsibilities ◼ Review of the project objectives
◼ Review of the consultant’s scope of work and level of effort ◼ Input from participants regarding protection of existing facilities, construction requirements, processing time, etc.
◼ Review of the project schedule
◼ Collection of the Town’s furnished guidelines and as-builts
1.2 - Project Meetings
DEA will meet with the Town project manager during the progress of the design for general coordination. Monthly project meetings will discuss project design and provide an opportunity for coordination with additional stakeholders, in addition to obtaining direction from Town on policy and design issues and review specific project designs and presentation of critical information. Additional technical workshops can be held as needed at Town offices or in the field as necessary to discuss and resolve the project designs and issues throughout the duration of the project. Based on a 14- month delivery period (February 2023 to March 2024), we anticipate 18 meetings (14 monthly and 4 technical).
1.3 – Project Management Plan
We will prepare and present a Project Management Plan describing the schedule and budget control, communication protocol, stakeholder register and coordination procedures for a smooth execution of the project. The work breakdown structure by task; organizational chart; risk register; and quality control plan will be placed in the PMP. A draft copy will be provided for the Town to review and comment prior to finalizing the PMP.
1.4 - Monthly Progress Reports
For each monthly invoice, we will attach a monthly progress reports summarizing the actual work performed, project issues, and status of the project schedule and budget. At minimum the reports will reflect the following:
◼ Highlights of Accomplishments
◼ Current Project Status
◼ Actual vs. Scheduled Percentages Complete by Task
◼ Explanation of Schedule Deviations
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◼ Utility Coordination and Permitting
◼ Actions Taken to Mitigate Design Issues
◼ Accomplishments Planned for Next Reporting Period
◼ Actions Required by the Town
Task 2: Data Collection
2.1 – Review Existing Documents and Previous Designs
Our team will pull any relevant as-builts, studies, reports (crash data, geotechnical, warrants, capacity analysis, traffic counts) and survey data in the Town’s database. We will pull any final maps and parcel maps from the County assessor’s office as a reference for right-of-way that may need to be acquired due to the widening of the road. During the kick-off, we will address these previous documents and verify if there is any diversion in approach or standards to the current design.
2.2 – Site Visits and Investigations
DEA’s team will visit Central Road during the kick-off meeting and as needed to verify any conflicts with the proposed design. Investigations will include field notes, photos and markups of existing plans to ensure there are no conflicts or un-addressed improvements within the plans, including infrastructure that is currently within the Town’s proposed acquisition area. We have anticipated three site visits for the design phase.
2.3 – Utility Research and Coordination
DEA will conduct a utility search of the existing utilities in the project area. After the kick-off meeting, DEA will contact DigAlert for a formal list and contact of all utilities in the area. The following is a list of the representative utility companies which will be contacted:
◼ Southern California Edison (SCE) Company
◼ Southwest Gas Company
◼ Verizon Communications (Telephone)
◼ Spectrum Communications (Cable TV)
◼ Liberty Utilities (Water)
◼ Golden State Water Company (Water)
◼ Town of Apple Valley (Sewer)
DEA will prepare a log of the all the communications and contacts with the identified utility companies. The maps compiled from the utility companies will be used in the preparation of the base map and shown on the civil design sheets.
There are SCE overhead power lines running along the western side of the street (generally about 15’ from the edge of the current pavement); however, it is not anticipated that these overhead lines will need to be relocated due to the street widening. There are manholes generally in the northern portion of Central Road, and it is anticipated the manholes will need to be adjusted to grade but not relocated. No potholing is anticipated; any sensitive utility information will be placed onto the civil drawings (separate utility drawings are additional scope).
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2.4 – Hydrology Report
Merrell Johnson Engineering will assist in the preparation of the hydrology report for the Central Road improvements. The report will consist of an analysis and calculation of storm water runoff from tributary areas along approximately two miles of roadway. A preliminary analysis of the corridor shows four possible crossings and sub-areas. The final analysis will include a review of the proposed street profile to confirm crossings and historical runoff flow paths. We will analyze the existing drainage paths and locations to determine design improvements necessary and/or drywell locations to mitigate street drainage.
2.5 – Geotechnical Investigation/Pavement Design
Merrell Johnson Engineering will explore the existing pavement by means of drilling ten test borings to a depth of 3 feet. The existing asphalt pavement and underlying aggregate base thicknesses (where encountered) would be measured and recorded. Bulk samples of the subgrade soils would be collected and returned to our local laboratory for sieve analysis and R-value testing.
The geotechnical engineer will review the field data, and prepare a soils investigation report that presents our conclusions and recommendations, including pavement design recommendations.
2.6 – Topographic Survey
A combination of aerial photogrammetric mapping and ground based conventional surveying will be performed to meet the needs for designing Central Road.
For the aerial mapping, horizontal and vertical control will be established to support the aerial and ground survey and mapping. Found and set survey control will be tied into existing Town of Apple Valley survey control. 20-scale planimetric aerial mapping with 1-foot contours will be obtained. The planimetric aerial mapping will be prepared in conformance with National Map Accuracy Standards.
Horizontal and vertical aerial control panels will be set to meet aerial triangular requirements. Color Ortho-Rectified imagery will be obtained and delivered with the project deliverables.
Topographic field surveys will be performed to collect cross sectional information for the two-mile stretch, typically along grade breaks. Cross sections will be taken at 100-foot intervals. Field survey data will also be collected at critical tie-in points and in areas obscured in the aerial photography.
The topographic field surveys will be used to verify the 20-scale aerial planimetric mapping and include additional survey data for design of accessible street improvements. The topographic survey will include locating visible utility structures, and other obscured features by vegetation of shadows in the aerial mapping which fall within the survey limits. Topographic collection and mapping will meet the guidelines as outlined in survey map requirements for the Town of Apple Valley and County of San Bernardino and be used to provide enough detail for improvements in areas that would require precision for final design such as drainage improvements at low points, transit stops and tie in points. The topographic survey data will be processed and plotted in CAD at a scale comparable to the aerial mapping. A digital terrain model will be prepared for the project.
Existing street centerlines and record right-of way for the entire two-mile stretch will be computed from publicly available record maps and tied to existing centerline monuments. Research will be conducted at Town of Apple Valley for existing centerline and or available cadastral records in support of the centerline, and the County for right-of way base maps for to verify the existing City limits. Centerline monuments recovered will be tied to the horizontal survey control established for this project and utilized in the analysis of the existing centerline and right-of-way. Parcel numbers and addresses will be listed along the corridor to identify owners in the event of right-of-way
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acquisition.
An aerial topo map in Civil 3D containing centerline, right-of-way and topo features for cross sections will be including with aerial ortho photos. Survey dip manholes are not included in this scope.
Task 3: Preliminary Engineering
3.1 – Alternative Design Concepts
During the course of the preliminary design, our team will provide conceptual designs to present tot the stakeholders and board members that the Town’s team has performed a comprehensive review of options while staying within the CEQA environmental footprint prescribed by Apple Valley.
Potential alternatives include asphalt curb locations, dry wells, alternative drainage patterns, Class II Bike Lanes and paving designs. These concepts will be shown as exhibits along with a cost/benefit matrix.
The pre-design will include a review of the project scope of work, including a series of alternative designs, existing conditions, site photos, fatal flaws, and recommendations. The recommended improvements will be complemented with conceptual drawings and a Class 5 cost estimate (Tasks
3.3 and 3.4 below). The critical aspect of a pre-design is to provide proof of adequately reviewing the improvements to ensure the Town is maximizing the benefits to the community to the allocated budget. DEA will determine the best approach to implementing the project within the public right-ofway and potential acquired areas, mitigating impacts to private property owners, and shall meet applicable city, state, and federal standards and codes.
3.2 – Traffic Control Warrant Analysis
DEA will examine the potential traffic safety improvements at the key intersections along the corridor, located at.
1. Powhattan Road
2. Ottawa Road
3. Nisqually Road
4. Pah-Ute Road
These four intersections are currently stop controlled on the minor side street. Some of these intersections have a traffic safety history that could justify the installation of all-way stop controls, and the installation could be funded as a part of this project. For this task, we will prepare a stop sign warrant analysis for the four intersections which will examine traffic volumes and crash history, to present the findings in a formal warrant analysis memorandum report for the Town to determine if they want to install all-way stop controls for any of the intersections. The work will include 24-hour approach traffic counts for the preparation of the warrant analysis.
3.3 and 3.4 – Preliminary Design Plans (30%) and Preliminary Cost Estimate Upon the completion of the base map, DEA will prepare 30% engineered plans (preliminary plans) for the project. These plans will be shown within the Town’s CAD standards and will provide the following in a 1” = 20’ scale plan view:
1. Curb, gutter and v-ditch improvements
2. Drainage improvements
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3. Utility conflicts
4. Typical cross sections
5. Typical VVTA bus turnouts
6. Transitions at north and south terminus of project
7. Proposed right-of-way including:
◼ Right-of-way recommendations.
◼ Preliminary identification of required right of way
◼ Right-of-entry/Temporary Construction Easements
The preliminary plans will include the following:
◼ Civil Design Layouts (13 sheets)
◼ Drainage (1 sheet)
◼ Signing and Striping (2 sheets)
◼ Cross Sections, bus turnouts and road (1 sheet)
The plans will be placed within the pre-design report to help identify the elements discussed within the report. A Class 5 cost estimate will accompany the plans to verify the improvements are within the Town’s budget. The preliminary plans will be presented to Town staff for review and comment.
DEA will update the plans based on the Town’s formal comment response; this will be the base document for the final design phase.
Task 4: Final Engineering
4.1, 4.2 and 4.3 - 65%, 95% and 100% Improvement Plans
Upon the approval of the preliminary plans (30% design), our team will begin final design of all improvements. All plans will be prepared in accordance with Town of Apple Valley requirements and standards. The plans will be submittal for review at the 65%, 95% and 100% phases.
Comments provided by the Town will be addressed and updated in the subsequent phase, with the exception of the 100% phase where documents cannot be finalized until all comments have been addressed. Each phase will go through a formal internal QA/QC process for accuracy, design standards and interdisciplinary review. A constructability review will be performed at the 90% submittal.
We anticipate 37 design sheets broken down as follows:
◼ Cover Sheet
◼ Notice to Contractors
◼ 26 Street Improvement Plan and Profile (1” = 20’ scale) ◼ Street Cross Sections
◼ Drainage Details (dry wells and low flow designs)
◼ 7 Signing and Striping (1” = 40’ scale)
Utilities will be shown on the civil plan sheets. All traffic designs will follow the California Manual of Uniform Traffic Control Devices (CAMUCTD) and Caltrans standards.
4.4 – Technical Specifications
Technical specifications for the bid items will be provided at the 95% and 100% phase. These
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specifications will be in CSI and Town of Apple Valley format and will reference Green Book and Caltrans standards. General requirements, special provisions and bid package support can be provided for an additional fee if requested.
4.5 – Class I Cost Estimate
While a cost estimate will be provided at each phase, a Class I estimate will be developed at the 100% phase. The estimate will include reference values from RS Means, Caltrans database or recent Town of Apple Valley bids. This estimate will be delivered in excel format so the construction manager can simply eliminate the bid prices for each item of work and roll the bid schedule into the overall bid package.
4.6 – Right-of-Way and Easement Documents
Once the required acquisitions are determined for the respective parcels in the preliminary design, DEA will prepare legal descriptions with exhibits for those parcels where right of way will be necessary to accommodate the planned improvements. The legal descriptions are assumed to be simple type descriptions requiring a small effort. The legal descriptions will be signed by a California Licensed Land Surveyor and includes one round of revisions. While it is unknown at this point how many parcels may be impacted, it is possible that up to seventeen (17) parcels may need legal descriptions.
Additional right of way activities including title reports, appraisals, negotiation, outreach to property owners, escrow, right of way certification, and any other supplemental certification forms are not a part of this scope. If these services are needed, it is recommended that a scope and fee be requested after the properties are identified in the pre-design report.
Task 5: Bidding and Construction Support
DEA will provide support to Town staff in the bid and construction process for the project as requested. The total fee, for the work outlined below, is based on a maximum of One-Hundred and Forty-two (142) workhours. If workhours expended approaches said limit Client shall be notified and mutual agreement shall be reached for additional services.
Work will include the following elements as requested:
5.1 – Bid RFIs and Bid Addendums
During the bid phase, our team will respond to RFIs from contractors regarding the plans, technical specifications and bid items. Providing timely feedback is critical, our team will log all questions and respond within three business days. We will log all questions, provide a consistently formatted response, and provide addendums to the bid documents if necessary.
5.2 – Pre-Construction Meeting
At the kick-off for the construction phase of the project, DEA’s project manager and technical leads will meet at the Town’s office to answer any questions from the awarded contractor, including providing contact information and an established chain of communication between DEA, Apple Valley’s construction manager and the contractor.
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5.3 – Respond to Construction RFIs and Plan Clarification One of the key areas requiring swift response and coordination is the contractor’s “Request for Information” (RFI) documents. This is usually a request for design clarification or a correction of noted conflict in the drawings and/or specifications, and often has the potential for a claim. RFIs will receive the immediate attention of David Evan’s construction management team for a timely response, and will be a major component in claims avoidance.
RFIs will be received by DEA, logged into the document tracking system, and reviewed for completeness and format. Typically, our PM will respond to the RFIs related to the contract administration. The design related RFIs will be sent to our design engineers. Then, all RFI responses will be logged into a document tracking system, reviewed for completeness, and returned to the contractor. A key objective is to avoid overdue responses and expedite them if they do occur.
DEA will keep Apple Valley informed of our management of the RFI and submittal process, provide a copy of the Status Reports, and will discuss and assess our findings. We have estimated three RFIs for this project.
5.4 – Review Contractor’s Submittals
To effectively manage the submittal and shop drawing process, DEA will create a master submittal log at the beginning of the project. If necessary, DEA can provide support to Apple Valley, mandating for the contractor to reflect in their Baseline Schedule a tie for each submittal to each of the first activities in the CPM schedule that are dependent on the approval/procurement related to the submittal. This will assist the contractor to prioritize and manage the submittal process and minimize any delay to the project resulting from late submittal approval.
DEA will coordinate the submittals from the contractor to the appropriate team member for their prompt review and approval and forward all items requiring input from the Town. DEA will use a document tracking system to prepare an overall submittal register, pending logs, late logs, and to generate reminder notices to the contractor as appropriate. These submittals will be sent to the engineers to review against the plans and specifications and stamped with a “No Exceptions,” “Revise and Resubmit”, “Rejected”, and “Approved with Changes” along with the engineer’s signature and date. These submittals are returned in 3-5 days in order to mitigate critical path issues with procuring materials.
5.5 – Develop As-Builts
On a monthly basis, DEA will work with the construction manager to verify that as-built drawings are maintained by the contractors so that the actual work performed is accurately and comprehensively recorded. DEA will coordinate with the construction manager to obtain the final as-built drawings from the contractor and update the design plans to reflect the final field conditions. Our team will stamp, sign and provide mylars if necessary. The final drawings will state “As-Built” along with any catalogued date needed for the Town, our team has assumed 43 sheets will need to be updated and finalized.
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Exhibit “B”
Engineering Fees
The following is an outline of the Engineering Fees for the above outlined scope of work.
Task 1 – Project Management/Meetings $24,590.00
Task 2 – Data Collection
Task 2.1 – Review Existing Documents $5,853.00
Task 2.2 – Site Visits and Investigations $5,082.00
Task 2.3 – Utility Research and Coordination $3,425.00
Task 2.4 – Hydrology Report $24,934.00
Task 2.5 – Geotechnical Investigation $18,560.00
Task 2.6 – Topographic Survey $58,103.00
Task 3 – Preliminary Engineering
Task 3.1 – Alternative Design Concepts $10,414.00
Task 3.2 – Traffic Control Warrant Analysis $6,815.00
Task 3.3 – Preliminary Design Plans $29,685.00
Task 3.4 – Preliminary Cost Estimate $7,546.00
Task 4 – Final Improvement Plans
Task 4.1 – 65% Improvement Plans $64,381.00
Task 4.2 – 95% Improvement Plans $29,265.00
Task 4.3 – 100% Improvement Plans $16,540.00
Task 4.4 – Technical Specifications $5,509.00
Task 4.5 – Class I Cost Estimate $6,610.00
Task 4.6 – Legal Descriptions and Exhibits $30,841.00
Task 5 – Bid and Construction Support $24,639.00
Task 6 – Reimbursables $3,000.00
Total Lump Sum Fee $375,792.00
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Exhibit “C”
Project Schedule
Town Council Agenda Report
Date: January 24, 2023
To: Honorable Mayor and Town Council
Subject: POSESSION AND USE AGREEMENT - VICTOR VALLEY
COMMUNITY COLLEGE DISTRICT – BEAR VALLEY ROAD BRIDGE
PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That Town Council approves the Posession and Use Agreement (PUA) between the Town and the Victor Valley Community College District and authorizes the Town Engineer to execute the PUA.
BACKGROUND
Town Council has authorized staff to proceed with the acquisition of the portions of identified real property, for an approved Just Compensation, necessary for the Bear Valley Road Bridge project. The Victor Valley Community College District has approved and executed a Posession and Use Agreement (PUA) that allows the Town to access the parcel (portion of APN 0482-022-06) for the uses designated in the PUA so that it may proceed with construction of the project.
ANALYSIS
The project schedule sets the Right-of-Way certification for March 2023 so that all preparatory work may take place in the Summer with actual relocations scheduled to commence in November of 2023. SCE relocation cannot take place during the Summer months due to high power demand. Should the project miss this timeline, the schedule may be set back a whole year.
Staff has been working with Dokken Engineering (design consultant), Caltrans, San Bernardino County, Utility owners and property owners to acquire property rights in order to obtain the Right-of-Way certification that will allow phase 1 of construction (SCE and Water relocations) to take place.
FISCAL IMPACT
There is no fiscal impact associated with approval of the PUA. Relocation of the utilities will be funded by a combination of Highway Bridge Program, local Measure I match and San Bernardino County funds. These expenditures are included in the Town’s approved FY 22-23 budget.
ATTACHMENTS
A. Posession and Use Agreement.
Town Council Agenda Report
Date: January 24, 2023
To: Honorable Mayor and Town Council
Subject: CONSENT TO ADVERTISE ROADWAY REPAIR 2023-01 PROJECT From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. That the Town Council review and approve the bid documents for the Roadway Repair 2023-01 Project.
B. That the Town Council authorize staff to solicit bids for construction of said project.
BACKGROUND
As part of the Town’s annual paving priorities, staff evaluates local roadways and determines priority areas for routine and extraordinary maintenance. For this particular project staff focused on the segment of Dale Evans Parkway between State Route 18 and Thunderbird road due to its large lateral cracks that must be repaired prior to receiving a micro surface application in a future project. The project generally consists of providing the necessary labor, equipment, and materials for the removal of damaged asphalt in areas with extreme lateral cracking and filling back the damaged area with new compacted asphalt.
ANALYSIS
Bid documents for the Roadway Repair 2023-01 project have been prepared and are ready for approval and advertisement of bids. Staff has reviewed the documents and is satisfied that they meet the intent of the Town Council for this project. The documents are available to the Town Council for review, approval, and authorization to proceed with advertisement of the project. Staff recommends that the Town Council review bid documents that are available in the Town Council Office, approve the documents, and direct staff to proceed with advertising for construction of the project.
FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2022-2023 budget using Paving Priorities (2021-5210-9525-0000).
ATTACHMENTS
A. Project Area Map
Project Area Map
Town Council Agenda Report
Date: January 24, 2023
To: Honorable Mayor and Town Council
Subject: ADDENDUM TO AVUSD JOINT USE AGREEMENT FOR THE AFTER
SCHOOL ACTIVITIES PROGRAM
From: Douglas Robertson, Town Manager
Submitted by: Andy Shoup, Parks Supervisor
Parks and Recreation
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Approve ammendment to the Apple Valley Unified School District Joint Use Agremeent, and authorize the Town Manager or designee to excute appropriate agreements and documents.
BACKGROUND
With the passage of AB 130, The State of California adopted the Expanded Learning Opportunities Program (ELO-P). “Expanded Learning” means before school, after school, summer, or intersession learning programs that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences. It is the intent of the Legislature that expanded learning programs are pupil-centered, results driven, include community partners, and complement, but do not replicate, learning activities in the regular school day and school year.
This program must be made available to all interested students, and when added to daily instruction, is no less than nine hours per instructional day.
The Apple Valley Unified School District (AVUSD) has requested the Town of Apple Valley Parks and Recreation Department become a community partner to provide the After School Activities Program (ASAP) on their campuses, for the purpose of providing the expanded learning opportunities after school to meet the nine-hour requirement. This program will be offered to the students at no cost, with the fees to be paid to the Town by AVUSD on a quarterly basis.
FISCAL IMPACT
For the remainder of FY 2022-2023, anticpated revenue of approximatly $240,000 and expenditures of approximatly $220,000, with a net increase to General Fund of $20,000.
ATTACHMENTS
1) AVUSD JUA Addendum
JOINT USE AGREEMENT
THE TOWN OF APPLE VALLEY
AND
APPLE VALLEY UNIFIED SCHOOL DISTRICT
Addendum 1
November 22, 2022
The following changes and additions set forth in this Addendum shall become a part of the Joint Use Agreement dated December 23, 2009 (“JUA”), between the Town of Apple Valley, hereinafter called TOWN, and the Apple Valley Unified School District, hereinafter called DISTRICT, for the purposes of operating the Town’s After School Activities Program on all school days, and the Day Camp program during designated intersessional periods.
1. ADDITIONAL FACILITIES COVERED
This Addendum adds the use of assigned School District Classrooms. Classrooms or other on-campus space for TOWN programs will be selected by the DISTRICT. As such, DISTRICT retains full ownership and responsibility for the maintenance of the buildings or spaces used in TOWN programs.
2. ADDITIONS
STUDENT REGISTRATION
Prior to program registration, the Town will ensure that all participants are enrolled in the District in the current school year, through the use of the student-provided Student Data Printout. The Town will not collect payments from District enrolled students.
The Town will coordinate all program registrations, and keep records of all registrations, attendance, and Student Data Printouts, to be provided to District with invoices, and when otherwise requested.
TOWN RESPONSIBILITIES
The TOWN is responsible for the provision of qualified staff to operate the programs. Staff must adhere to TOWN policy and regulations for employment. In addition, TOWN will endeavor to coordinate program operation to comply with the needs of the DISTRICT administration on each site where programs operate if they are DISTRICT facilities.
TOWN COMPENSATION
The Town will invoice the District quarterly, on the last business day, of March, June, September, and December. The District will provide payment to the Town for each registered participant, in the amounts listed below.
After School Activities Program: Day Camp:
$55 per student, per week. Full-Time: $134 per student, per week Part-Time: $86 per student, per week
3 Days/Week: $91 per student, per week
Each subsequent school year the payment shall be automatically adjusted by a percentage amount equal to or less than the change in the cost of living index. For purposes of this agreement, the Riverside-San Bernardino-Ontario, CA Consumer Price Index for Urban Wage Earners and Clerical Workers will be used each April to determine the cost of living percentage for the previous twelve months.
3. OTHER PROVISIONS
Except as modified by this Addendum, all other provision of JUA shall remain in full force and effect.
IN WITNESS WHEREOF, The parties hereto have executed this addendum as of this ________day of ___________, 2022
Apple Valley Unified School District Town of Apple Valley ___________________________ _______________________________ Trenae Nelson, Superintendent Doug Robertson, Town Manager Date of AVUSD Board Approval ATTEST
___________________________ _______________________________ La Vonda M. Pearson, Town Clerk
APPROVED AS TO FORM
BEST BEST & KRIEGER
_______________________________
Thomas Rice, Town Attorney
Town Council Agenda Report
Date: January 24, 2023
To: Honorable Mayor and Town Council
Subject: ACCEPT GRANT AWARD FROM THE 2022 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
From: Douglas Robertson, Town Manager
Submitted by: Julie Ryan, Special Projects Manager
Town Manager
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Accept grant award from the 2022 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $24,113 and authorize the Town Manager to execute award Agreements.
BACKGROUND
The U.S. Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Assistance announced the availability of grant funds to state and local units of government through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program annually. This program provides funding to state and local governments to support a broad range of activities intended to prevent and control crime and improve the criminal justice system. Distribution of funds by the federal government is calculated using a formula, which considers both population and crime statistics.
The County submitted a grant application to the DOJ for the JAG program. Pursuant to the grant requirements, the County executes Memorandums of Understanding (MOU) with the 16 cities participating in the program, to share with each, the respective JAG grants. The agreements designate the County to serve as the applicant/fiscal agent for the administration of the joint funds.
ANALYSIS
The JAG program requires participating jurisdictions receiving grant funds to execute subaward grant agreements to acknowledge receipt of the federal award information and applicable compliance requirements, including special conditions. By entering into the sub-award grant agreement, the Town of Apple Valley (Town) agrees to undertake and carry out activities delineated by the grant award.
The Town has received several JAG awards for Public Safety purposes over the past several years.
FISCAL IMPACT
Staff is requesting the Town Council accept 2022 JAG Grant funds in the amount of $24,113.
ATTACHMENTS
This is for attachments, if your report does not have attachments then delete this heading.
If you do have attachments please number them:
A. 2022 Subrecipient Agreement
B. 2022 Interlocal Agreement
INTERLOCAL AGREEMENT
BETWEEN THE TOWNS OF APPLE VALLEY AND YUCCA VALLEY, THE CITIES OF
ADELANTO, BARSTOW, CHINO, COL TON, FONTANA, HESPERIA, HIGHLAND,
MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN
BERNARDINO, UPLAND, VICTORVILLE, YUCAIPA, AND SAN BERNARDINO COUNTY, CA
CONCERNING DISTRIBUTION OF THE
2022 JUSTICE ASSISTANCE GRANT AWARD
This Agreement is made and entered into this 15th day of November, 2022, by and between SAN BERNARDINO COUNTY, acting by and through its governing body, the Board of Supervisors (hereinafter referred to as "COUNTY"), and the aforementioned TOWNS (hereinafter referred to as "TOWNS") and named CITIES (hereinafter referred to as "CITIES"), acting by and through their respective governing bodies, the Town Councils and City Councils, all of whom are situated within San Bernardino County, State of California, as follows:
WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from currentrevenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and
WHEREAS, the COUNTY agrees to release to TOWNS and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds, less five percent (5%) for administrative fees, as reflected on Appendix 1 here attached and hereby incorporated by reference as part of this agreement; and COUNTY agrees to use the five percent (5%) of JAG award funds received from TOWNS and CITIES under this agreement for administrative fees toward the administration of TOWNS' and CITIES' programs during the entire permissible duration of said programs; and TOWNS and CITIES agree to deposit their JAG award funds into a separate trust account in accordance with JAG guidelines; and TOWNS and CITIES each agree to the five percent (5%) reduction of their respective grant allocation from the JAG award, as reflected on Appendix 1 for administrative fees toward the administration of this program; and additionally the TOWNS and CITIESeach agree that it is their responsibility to ensurethese funds are expended in accordance with JAG guidelines, and that the interestgenerated from suchfunds shall be solely applied and expended in accordance with these same JAG guidelines; and WHEREAS, the TOWNS, CITIES and COUNTY believe it to be in their best interests to reallocate the JAG funds,
NOW THEREFORE, the COUNTY and TOWNS and CITIES agree as follows:
Section 1.
COUNTY agrees to release to TOWNS and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds, less five percent (5%) for administrative fees, as reflected in Appendix 1 here attached and hereby incorporated by reference as part of this Agreement, and; COUNTY agrees to use the five percent (5%) of JAG award fundsreceived from MOU - 2022 Justice Assistance Grant Page 1
Town Council Agenda Report
Date: January 24, 2023
To: Honorable Mayor and Town Council
Subject: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN
FOR THE TOWN OF APPLE VALLEY
From: Douglas Robertson, Town Manager
Submitted by: Kristine Shoup, Human Resources Manager
Human Resources
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Approve Resolution No. 2023-03, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan.
BACKGROUND
The Human Resources Department, working in conjunction with several Town departments, recommends adding the following new classifications to the published classification and salary plan for future department development. Code Enforcement Supervisor – salary range 59: $5,759 to $8,138 monthly Environmental Programs Coordinator – salary range 59: $5,759 to $8,138 monthly Fiscal Services Supervisor – range 61: $6,051 to $8,550 monthly Housing and Community Development Technician – range 43: $3,879 to $5,482 monthly
Senior Recreation Supervisor – range 59: $5,759 to $8,138 monthly Additionally, the Human Resources Department also recommends combining the current Executive Assistant to the Town Manager (range 55: $5,217 to $7,372 monthly) and Executive Assistant (range 53: $4,966 to $7,017 monthly) classifications onto one classification that reflects assignments in either the Town Manager or Assistant Town Manager’s Office. It is also recommended that the new Executive Assistant classification be set on range 54: $5,090 to $7,192 monthly.
FISCAL IMPACT
There is no cost associated with the recommended amendments to the classification and salary plan. All positions will be subject to budget approval before being filled.
ATTACHMENTS
A. Resolution 2023-03
B. Code Enforcement Supervisor job description
C. Environmental Programs Coordinator Job description
D. Fiscal Services Supervisor job description
E. Housing and Community Development Technician job description F. Senior Recreation Supervisor job description
G. Executive Assistant job description
H. Updated Classification and Salary Plan
RESOLUTION NO. 2023 – 03
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY AMENDING THE CLASSIFICATION
AND SALARY PLAN FOR THE TOWN OF APPLE VALLEY
WHEREAS, the Town Council of the Town of Apple Valley has established classification and salary plan for the Town of Apple Valley; and WHEREAS, the Town Council of the Town of Apple Valley wishes to modify the classification and salary plan for the Town of Apple Valley.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AS FOLLOWS:
Section 1. The Town Council finds that all of the facts set forth in the Recitals of this Resolution, are true and correct, and are incorporated herein by reference.
Section 2. The Town Council hereby establishes new job classifications as shown in Attachments B, C, D, E, and F.
Section 3. The Town Council hereby amends existing job classification as shown in Attachment G.
Section 4. The Town Council hereby adopts the revised classification and salary as shown in Attachment H.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect.
Section 6. Effective Date. This Resolution is effective immediately. All resolutions, parts of resolutions in conflict herewith are hereby amended to be consistent herewith.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 24th day of January 2023.
_____________________________________
Scott Nassif, Mayor
ATTEST:
______________________________
La Vonda M-Pearson, Town Clerk
Resolution No. Town of Apple Valley Page 1 of 4
FLSA: Non-Exempt*
Code Enforcement Supervisor
SUMMARY
Under general direction, plans, schedules, organizes, supervises, reviews, and evaluates the activities of the Code Enforcement function; recommends and implements specific departmental operational programs; provides complex administrative support to the Director of Municipal Services; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Director of Municipal Services. Exercises direct and general supervision over code enforcement personnel.
ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
Assists in management, development, and implementation of goals, objectives, policies, and priorities for the Department; recommends within departmental policy, appropriate service and staffing levels.
Plans, manages, and oversees the daily functions, operations, and activities of the Code Enforcement function.
Recommends and standardizes procedures and methods to improve the efficiency and effectiveness of code enforcement services and programs; continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors workload, available resources, materials, equipment, and supplies. Assists in coordinating the work plan for the assigned staff; meets with staff to identify and resolve problems; ensures coverage of staff for all shifts and assignments; assigns work activities, projects, and programs; monitors work flow; reviews and evaluates service delivery, methods, and procedures; makes recommendations for improvement and ensures maximum effective service provision.
Trains, motivates, and evaluates assigned personnel; provides or coordinates staff training; works with employees to correct deficiencies.
Patrols areas within the Town and enforces municipal codes and state ordinances, codes, and regulations; investigates reports of non-compliance and improperly permitted construction; secures investigation sites; prepares and issues notices of violation; removes abandoned dump sites, abandoned or inoperable vehicles, graffiti, illegal signage, and road hazards; inspects apartments; takes other appropriate actions. Communicates with the public and explains municipal codes, developmental codes, and health and safety codes, and associated violations; ensures violations are resolved in a timely manner; conducts follow-up inspections, and prepares notices to vacate, if necessary.
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Maintains detailed documentation of any violations, including photographs, location, contact information, description of violation, abatement period, conversations, and evidence. Prepares specialized reports and maintains records, logs, and files of activities related to code enforcement inspections and activities; prepares cases and complaints for court action. Reviews and updates local codes and assists in making interpretations and decision concerning technical problems related to code violations; recommends code revisions to achieve practical and equitable regulations.
Issues parking and misdemeanor court citations; participates in court hearing procedures regarding citations; provides testimony at administrative hearings. Writes abatement and inspection warrants for supervisor and judge review; directs and oversees contractors during warrant abatement to ensure compliance with proper procedures. Ensures completion of appropriate paperwork and forms for legal action, including complaint forms, notices of violation, case dispositions, extension forms, notices to abate, citations, warrants, and other documentation.
Responds to calls from citizens, Town Council, management, and other departments; investigates complaints involving code violations.
Works with other departments to ensure compliance with municipal codes and issuance of permits and licenses.
Establishes and maintains positive community relations through programs, demonstrations, and public assistance regarding municipal code enforcement; and answers the most complex questions.
Performs other duties as assigned.
DISTINGUISHING CHARACTERISTICS
This is the full supervisory-level class in the code enforcement series and is responsible for overseeing code enforcement activities, including field patrol, investigation, and enforcement of municipal codes. While the incumbents may respond to calls for service or become involved with investigations, the primary responsibilities are supervisory and administrative, including the coordination of activities with those of other Town departments. This class is distinguished from the Director of Municipal Services in that the latter has overall responsibility for all animal control, animal shelter, waste management, code enforcement, solid waste related grant programs, administrative oversight of Apple Valley Choice Energy, and development and implementation of and interpreting public policy.
MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:
Minimum of an Associate’s degree in business, public administration, or related field and five (5) years of experience in the enforcement and communication codes, ordinances, and regulations, including two (2) years of supervisory experience. Bachelor’s degree from an accredited four-year college or university with major coursework in business, public administration, or a related field is preferred.
LICENSE AND CERTIFICATION REQUIREMENTS
Valid California class C driver’s license with satisfactory driving record and automobile insurance.
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California POST PC 832 and California Association of Code Enforcement Certified Code Enforcement Officer certifications are required within six months following employment.
Knowledge of:
Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures. Applicable Federal, State, and local laws, codes, court decisions, and regulations, including administrative and departmental policies concerning the operation of the code enforcement function.
Organization and management practices as applied to the analysis and evaluation of programs, policies, and operational needs of the assigned department. Principles, practices, methods, and techniques of code violation investigation and compliance. Practices for documenting inspections, correcting violations, and carrying through on court procedures.
Techniques and practices of public speaking and making presentations to small groups. Principles of record keeping and reporting.
Modern office practices, methods, and use of computer equipment. Computer applications related to the work.
English usage, grammar, spelling, vocabulary, and punctuation. Techniques for dealing with and solving the problems presented by a variety of individuals from various socio-economic, cultural and ethnic backgrounds, in person and over the telephone.
Techniques for providing a high level of customer service to public and Town staff, in person and over the telephone.
Ability to:
Recommend and implement goals, objectives, and practices for providing effective and efficient services.
Plan, organize, schedule, assign, review, and evaluate the work of staff. Train staff in work procedures.
Evaluate and recommend improvements in operations, procedures, policies, or methods. Research, analyze, and evaluate new service delivery methods, procedures and techniques. Make sound, independent decisions in day-to-day activities and in emergency situations. Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.
Analyze, interpret, summarize, and present administrative and technical information and data in an effective manner.
Interpret, explain, and ensure compliance with Federal, State, and local laws, codes, regulations, and ordinances.
Prepare, maintain, and update accurate and detailed documentation of inspection findings and other written materials, records, logs, and reports. Professionally and effectively represent the department and Town in meetings with governmental agencies, community groups, various businesses, professional and regulatory organizations, and in meetings with property owners, developers, contractors, and the general public.
Identify and be responsive to community issues, concerns, and needs. Effectively respond to calls for services at all hours. Access, retrieve, enter, and update information using a computer terminal.
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Make accurate mathematic computations.
Maintain accurate records and files of work performed. Organize work, set priorities, and meet critical deadlines. Operate modern office equipment, including computer equipment and software programs. Use English effectively to communicate in person, over the telephone, and in writing. Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
Establish and maintain effective working relationships with employees and those contacted in the course of the work.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle, to visit various meeting sites, to inspect various Town and residential sites, and to walk on uneven terrain; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups and over the telephone. The job involves field inspection work requiring frequent walking at inspection site areas to monitor performance and to identify problems or hazards; traversing uneven terrain, periodically standing, stooping, bending, climbing and kneeling to perform the work. Finger dexterity is needed to access, enter and retrieve data using a computer keyboard or calculator and to operate standard office equipment, cameras and computers; grasp tools; and inspect electrical devices. Positions in this classification occasionally bend, stoop, kneel, reach, climb, push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects of 50 pounds, as necessary to perform job functions.
Employees work indoors and outdoors, and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes.
Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
*FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.
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FLSA: Non-Exempt*
Environmental Programs Coordinator
SUMMARY
Under general supervision, coordinates and oversees the daily operations of the Town’s Solid Waste, Fats, Oils and Grease (FOG), community enhancement, and environmental programs; enforces the Town’s solid waste ordinances, including contracted refuse and recyclable collection; applicable maintenance ordinances; performs related duties as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Director of Municipal Services. May exercise general and direct supervision over assigned staff.
ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
Plan, organize, coordinate all aspects of daily operations of Solid Waste Programs. Direct and supervise subordinate staff, volunteers, other division tasks. Set work priorities, create schedules, provide training, conduct performance evaluations, give commendations and/or corrective/disciplinary feedback to employees. Administer the Adopt a Street Program, solicit participants, order signs, assist in determining sign placement, arrange for the disposal of collected rubbish, order and ensure needed supplies for scheduled clean up, and maintain various records. Coordinate logistics of bi-annual Community Cleanup Day events with other departments. Create and maintain procedures related to division tasks. Compile data and prepare reports on programs.
Conduct research and solicit quotes on labor, equipment, or tools needed to accomplish division assignments.
Assist with administration of grants for Tire Cleanup, Used Oil Payment Program, and other grants as applicable.
Ensure compliance with State regulations for collection and storage of tires and similar items collected by division.
Attend public outreach events and educate the public about Town services. Update and maintain computer records and create forms to track division productivity and results.
Review building plans for compliance with Town codes regarding trash enclosures and other related solid waste/environmental considerations.
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Maintain confidentiality of work-related issues and Town information. Performs other duties as assigned.
MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:
High school diploma OR GED equivalent supplemented by 60 college semester units AND two (2) years code enforcement and waste management operations experience; OR an equivalent combination of education, training, and experience.
LICENSE AND CERTIFICATION REQUIREMENTS
Valid California class C driver’s license with satisfactory driving record and automobile insurance.
Knowledge of:
Town policies and procedures.
Penal codes.
Health and safety codes.
Town ordinances regarding sanitation, nuisances, and business licensing. Principles and practices of solid waste management.
Public education and information techniques and practices. Principles and practice of project management.
Ability to:
Use initiative, discretion, and judgment within established procedures guidelines and rules. Define problems, establishing facts, and drawing valid conclusions. Organize efficient and equitable work schedules and coordinating logistics for complex events and daily operations.
Direct the work of employees, resolving problems or concerns, and creating cohesive work teams.
Coordinate logistics, planning events, and effectively managing multiple projects and activities.
Manage situations requiring diplomacy, fairness, firmness, and sound judgment. Interpret and apply Town, state, and federal codes, laws and regulations regarding solid waste management and business licensing.
Provide efficient customer service.
Communicate effectively, both verbally and in writing. Operate a personal computer and various software applications. Establish and maintain cooperative working relationships with managers, supervisors, employees, businesses, contractors, schools, external public and private agencies and the public.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Work is performed in an office or outdoor work environment. May be required to use a stair step system. May be required to perform frequent bending, twisting, and stooping motions. May be
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required to lift and carry items weighing up to 50 pounds. May be exposed to dust, extreme noise levels, dangerous machinery, and extreme weather conditions. Incumbent must be able to see and hear in the normal range, with or without correction, and communicate verbally and in written form with great facility and must be able to be understood. Incumbent must have the stamina to work long hours and overtime, if assigned, and must be willing to work an irregular schedule, which may include weekends, holidays, evenings, and/or varying shifts. *FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.
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FLSA: Exempt*
Fiscal Services Supervisor
SUMMARY
Under general direction, performs supervisory and administrative support work involving planning, organizing and coordinating the tasks of a fiscal support staff performing specialized tasks relating to the examination, reconciliation and recording of fiscal, financial and statistical records; coordinates workflow and assists with and reviews work procedures, assures quality of work products and adheres to timelines; resolves questions and issues regarding policies and procedures for subordinates and serves as authoritative source on regulations, rules and interpretation of policies; performs other duties as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Director of Finance. Exercises general supervision over assigned fiscal staff.
ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different position s and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
Supervises the work of assigned staff. Evaluates work performance, prepares and signs performance evaluations. Participates in personnel decisions including hiring and disciplinary actions and assists in resolving employee grievances; approves leave requests. Plans organizes, schedules and assigns the day-to-day fiscal support operations of the office; established work sequences, priorities, deadlines, and work standards; estimates supply, staff and equipment requirements.
Identifies training needs and plans training programs; may develop training curricula and prepare training materials.
Reviews work products prepared and processed by assigned staff for accuracy and compliance with Town policy.
Assists in developing, revising and implementing new or revised procedures, forms and office systems; coordinates clerical services with other departmental operations; implements fiscal controls as recommended by annual audits or as directed by management. Maintains records of workload and personnel information; prepares operational, narrative, and statistical reports.
Interprets regulations, procedure and contractual or other legal requirements to determine the appropriate procedure; handles unusual or difficult problems referred by subordinates. Prepares or supervises the preparation of complex financial or fiscal records, statements and transactions involving a variety of items in different forms and requiring the examination of
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essentially dissimilar accounting details and substantially different types of supporting documents.
Maintains ledgers, journals, logs, files and other accounting or fiscal records; sets up, extracts, posts, adjusts and reconciles entries to centralized accounting records; classifies and codes accounting transactions.
Supervises the preparation of, or processing of financial records, transactions, and statements; functions as an authoritative source of information on regulations, rules, department policy and guidelines; updates knowledge through reading, training, meetings, or briefings.
Supervises the preparation of fiscal and statistical reports; performs research to resolve errors or identify discrepancies. Prepares reports on the status of accounts, contracts, grants, fee receipts, entitlements and reimbursement programs, accounts receivable, accounts payable, and trust accounts.
Operates a variety of office equipment to enter and retrieve data and produce or process materials, including correspondence, memoranda, reports, numerical data, requisitions, and statements.
Composes correspondence and compiles information for reports, budget justifications, special projects and studies; prepares manuals on office procedures and instructs clerical staff in their use; projects budget, equipment and staff needs.
Conducts special studies relating to the development and implementation of office fiscal operations, policies and procedures.
Updates staff of changes in laws and procedures and ensures compliance. Performs other duties as assigned.
DISTINGUISHING CHARACTERISTICS
This is a full supervisory-level position in the Finance Department. The incumbent is responsible for the workflow coordination and supervision of a fiscal support staff performing specialized tasks relating to the examination, reconciliation and recording of fiscal, financial, and statistical records.
The incumbent performs a variety of customer service, analysis of accounts and revenue, record keeping, reconciliation, and financial report preparation activities. Responsibilities regularly include the use of one or more automated systems, although some manual processing may be required.
MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:
Equivalent to graduation from an accredited four-year college or university with major coursework in accounting, finance, or a related field, and four (4) years experience reviewing, reconciling, and maintaining fiscal account records, including one (1) year supervisory experience.
LICENSE AND CERTIFICATION REQUIREMENTS
Valid California class C driver’s license with satisfactory driving record and automobile insurance.
Knowledge of:
Town policies, procedures, and Municipal Code.
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Principles and practices of public administration.
Principles and practices of effective employee supervision. Principles and practices of administrative management. Principles and practices of government accounting and budgeting. Pertinent state and federal laws.
Principles and practices of public finance.
Principles and practices of project management.
Principles and practices of strategic planning.
Ability to:
Organize, implement, and direct professional accounting and financial analysis activities. Use initiative, discretion, and judgment within established procedures, guidelines, and rules. Define problems, establish facts, and draw valid conclusions. Manage situations require diplomacy, fairness, firmness, and sound judgment. Interpret and apply Town, state, and federal policies, laws and regulations. Supervise staff, delegate tasks and authority, and evaluate staff performance. Build effective teams and provide efficient customer service. Communicate effectively, both verbally and in writing. Operate a personal computer and various software applications. Establish and maintain effective working relationships with those contacted in the course of work, including Town and other government officials, community groups, and the general public.
Apply safe work practices.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Work is performed in an office environment and in close proximity to other workers. Incumbent shall be exposed to those conditions normally encountered in a business office environment.
Physical demands are light, consisting primarily of sitting, standing, and walking. Must be able to lift up to 50 pounds.
Incumbent must be able to see and hear in the normal range with or without correction and communicate verbally and in written form with great facility and must be able to be understood.
Incumbent must have the stamina to work long hours and must be willing to work an irregular schedule, which may include weekends or evenings.
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
*FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.
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FLSA: Non-Exempt*
Housing and Community Development Technician
SUMMARY
Under direct supervision, performs a wide variety of technical and administrative assistance in support of the Town’s Housing and Community Development programs; provides assistance to the general public via telephone or front counter reception; attends on-site and off-site program related meetings and events; performs other duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives direct supervision from the Housing and Community Development Supervisor. No direct supervision of staff is exercised.
ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
• Assists members of the the public and contractors in person or on the phone; provides general housing and community development information on department/Town policies and procedures; answers general questions and provides information to the public on technical processes, procedures, and programs available in the community; researches information; interprets data and explains requirements, regulations, and procedures; assists with inquiries pertaining to Housing and Community Development programs. • Assists in preparing applications for underwriting.
• Assists in the application process for residents applying for housing program assistance by evaluating applications for completeness; maintains appropriate logs and reports; meets with applicants to conduct intakes to receive completed applications. • Monitors grant funding activities according to applicable grant regulations. • Provides technical support to Housing staff by conducting research; provides required information for specific meetings; assist in the preparation and review of meeting minutes. • Assists in maintaining project files; and assists the project manager as a second point of contact for loan recipients, contractor, and project manager; including preparing change orders and reimbursement requests for project and construction manager review. • Attends on-site and off-site meetings and events when required; participates in field survey work as needed, including gathering data for Federal and State grant applications, and verifying project status.
• Performs a wide variety of clerical work including maintaining accurate and detailed records, verifying accuracy of information, researching discrepancies, and recording information; maintains project files.
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• Establishes and maintains records and files for Town housing programs, including all documentation regarding loans, contracting agreements, and fund disbursements. • Assists in Housing loan portfolio monitoring; including recommending, developing, updating, and implementing monitoring requirements, payoff demands and subordination requests. Works with owners, escrow companies, lenders to complete mortgage and loan document requests.
• Receives, codes, logs, schedules, and distributes service requests and work orders. • May assist in the preparation of written agenda items regarding various housing programs for the Town Council and various committees and advisory boards. • Makes copies; collate materials; files copies of letters, memoranda, reports, and other materials in department and/or central files.
• Creates marketing and information materials to promote housing and community development programs (i.e., brochures, handouts, and news releases). • Maintains records and files for Town housing programs, including all documentation regarding loans, contracting agreements, and fund disbursements. • Acts as the Town’s representative and liaison on relevant topics, including but not limited to, responding to questions and comments from the public in a courteous and timely manner; assist in collaborating with involved parties to reach resolutions on identified issues.
• Receives, investigates, and responds to citizen complaints, inquiries, and requests for services.
• Participates in a variety of special projects as assigned. • Performs other duties as assigned.
DISTINGUISHING CHARACTERISTICS
This is the entry-level class in the Housing support series that provides technical, clerical, and administrative support activities to the Housing and Community Development Department. The incumbent follows routine procedures and guidelines in the application of prescribed duties and works under close supervision with work frequently reviewed by a superior. Responsibilities include providing a range of routine, clerical and administrative support, customer service to the public at the front counter and on the telephone regarding policies and procedures, status of ongoing projects application status, and other related functions encountered by the Town. This class is distinguished from the Housing and Community Development Specialist I in that the latter requires a higher level of education, knowledge and skill.
MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:
Equivalent to the completion of the twelfth (12th) grade, and two (2) years of administrative or general clerical support experience with at least one (1) year of dealing with the public. Knowledge in federally funded housing programs is highly desired.
LICENSE AND CERTIFICATION REQUIREMENTS
Valid California class C driver’s license with satisfactory driving record and automobile insurance.
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Knowledge of:
Basic principles, practices, and funding sources for redevelopment, economic development, affordable housing, and related programs and projects.
Principles, practices, and procedures of public administration in a municipal setting. Functions and services of a municipal government.
Principles and practices of project management.
Principles and techniques of conducting analytical studies, evaluating alternatives, and making sound recommendations.
Applicable Federal, State, local laws, codes, and regulations. Public relations techniques.
Principles and practices of public agency budget development and administration and sound financial management policies and procedures.
Techniques of contract administration.
Record keeping principles and procedures.
Modern office practices, methods, and computer equipment. Business letter writing and the standard format for reports and correspondence. Computer applications related to the work.
English usage, grammar, spelling, vocabulary, and punctuation. Techniques for dealing effectively with the public, vendors, contractors, and Town staff, in person and over the telephone.
Techniques for effectively representing the Town in contacts with governmental agencies, community groups, various business, professional, educational, regulatory, and legislative organizations.
Ability to:
Learn Town ordinances, codes, and regulations pertaining to assigned area of responsibility. Learn goals, objectives, policies, procedures, and work standards for the department. Assist in departmental and programmatic administrative, budgeting, and fiscal reporting activities.
Interpret, apply, and explain complex Federal, State, local laws, codes, regulations, departmental policies, and procedures.
Learn organization and operation of the assigned department and of outside agencies as necessary to assume assigned responsibilities.
Prepare clear and effective reports, correspondence, policies, procedures, and other written material.
Make accurate arithmetic, financial, and statistical computations. Analyze situations and identify pertinent problems/issues; collect relevant information; evaluate realistic options; and recommend appropriate course of action. Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. Operate modern office equipment including computer equipment and specialized software applications programs.
Use English effectively to communicate in person, over the telephone, and in writing. Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
Establish and maintain effective working relationships with those contacted in the course of the work.
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PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle, to visit various Town and meeting sites and to inspect various sites; vision to read printed materials, a computer screen, and to perform inspections; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard or calculator, and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects necessary to perform job functions.
Employees work primarily in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Inspections are infrequently performed that may require exposure to inclement weather conditions.
Employees may interact with upset public, and private representatives and contractors as a result of interpreting and enforcing departmental policies and procedures. *FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.
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FLSA: Exempt*
Senior Recreation Supervisor
SUMMARY
Under general direction, develops, plans, directs, administers, organizes, coordinates, and provides direction and oversight for Townwide recreation programs and clerical operations of the recreational division; oversees, plans, and organizes special events associated with specific recreation programs; supervises, assigns, reviews, and participates in the work of part-time staff, seasonal employees, and volunteers responsible for providing assigned recreation program services and activities; supervises recreation and sports facilities, including athletic fields, swimming pool, tennis courts, recreation centers, and parks on a seasonal or year-round basis; ensures work quality and adherence to established policies and procedures; performs the more technical and complex tasks relative to assigned area of responsibility; provides strategic department planning and represents department when Director of Parks and Recreations is not available; performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Director of Parks and Recreation. Exercises general supervision over professional, technical, and clerical recreation staff, as well as contract workers and/or volunteers.
ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
Develops, plans, organizes, and oversees a variety of Townwide recreation programs, including, youth programs, aquatics, youth sports, adult sports, summer programs, afterschool programs, arts and crafts, contract classes, special events and training; oversees front counter clerical staff and operations.
Develops, implements, and monitors goals, objectives, policies, and priorities for designated program areas reflective of the community's needs and the Town’s and Division's overall goals, policies, and ordinances, and in compliance with applicable Federal, State, and local rules, regulations, and guidelines. Develops new programs based on needs assessment and current community trends, including estimation of needed resources such as staffing, budget, and other resources. Communicates with participants on an on-going basis; delegates and oversees the production of flyers, calendars, newsletters, and other promotional materials to inform the community of programs and upcoming events.
Plans, organizes, assigns, trains, directs, and reviews the work of assigned staff and volunteers; plans and oversees the recruitment, selection, and evaluation of staff; ensures
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the most effective use of staff and materials resources; provides for the training of staff in work procedures and recreation activities.
Evaluates employee performance, counsels employees, and effectively recommends disciplinary action; assists in selection and promotion. Oversees the monitoring and control of supplies, materials, and equipment; delegates the ordering of supplies and materials; reviews and approves all requests of expenditures by assigned staff; oversees the preparation of documents for equipment procurement; plans, organizes, and oversees bid processes for maintenance and repair of facilities and equipment, as necessary.
Participates in the development and administration of assigned program budget; forecast funds needed for staffing, equipment, materials, and supplies; monitors and approves expenditures; recommends adjustments as necessary.
Maintains and reviews records related to program activities/events; prepares and submits a variety of reports and memoranda on related subjects. Identifies opportunities for improving service delivery methods and procedures; ensures appropriate safety precautions and procedures are observed by staff and participants; identifies resource needs; reviews with appropriate management staff; implements improvements.
Oversees the design and preparation of a variety of publicity/informational strategies and materials; reviews special announcements and informational bulletins developed by subordinate staff; disseminates through appropriate channels to targeted community members.
Plans, coordinates, and supervises the collection of data regarding the effectiveness of current programs as well as the community's future needs; conducts comprehensive analyses for planning and developmental purposes.
Develops new programs based on needs assessment and current community trends, including estimation of needed resources such as staffing, budget, and other resources. Finalizes and presents recommendations for new program recommendations. Acts as a liaison to local residents, governmental agencies, community groups, private businesses, and others concerning questions, problems, concerns, and activities in the provision of recreation programs.
Manages and oversees a variety of program operations and facility maintenance activities, as well as facility rentals and usage.
Ensures that programs and facilities are in compliance with applicable State, County, and Town regulations.
Coordinates first aid, CPR and other safety training for Recreation and other Town staff; provides training to the public, as assigned.
Handles medical emergencies and injuries; provides first aid and/or adult and child cardiopulmonary resuscitation; contacts police, fire and emergency medical services as required.
Performs other duties as assigned.
DISTINGUISHING CHARACTERISTICS
This is the advanced supervisory-level class in the recreation series that oversees all major programs within the Recreation Division. Specific responsibilities may vary, depending upon the site, programs, or projects to which assigned; however, all assignments require comprehensive knowledge of the development and provision of recreation services, the ability to organize and
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oversee the work of staff and/or volunteers, and the ability to execute various administrative responsibilities. This class is distinguished from the Parks and Recreation Manager in that the latter has significant decision-making and management responsibility for all recreation and facilities maintenance and operations functions and activities of the Town.
MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:
Equivalent to graduation from an accredited four-year college or university with major coursework in recreation, human services, physical education, public administration, or a related field and Four (4) years of increasingly responsible experience in coordinating recreational programs, including supervision of recreation staff.
LICENSE AND CERTIFICATION REQUIREMENTS
Valid California class C driver’s license with satisfactory driving record and automobile insurance.
Standard First Aid Certificate issued by the American Red Cross. CPR Certification.
Knowledge of:
Principles and practices of employee and volunteer supervision, including work planning, assignment, direction, review, and training, and performance evaluation. Principles and practices of recreational program administration, including program development, implementation, review, and evaluation, budgeting, purchasing, and personnel management; service delivery needs related to the program area(s) to which assigned. Procedures for planning, implementing, and delegating a variety of recreation and leisure activities and programs through community participation. Recreational, age-specific, cultural, and social needs of the community. Applicable Federal, State, and local laws, codes, and regulations related to designated program area(s).
Recent and on-going developments, current literature, and sources of information related to community program planning and administration.
Safety principles and practices, including basic first aid and health/hygiene. Record keeping principles and procedures.
Modern office practices, methods, and computer equipment. Computer applications related to the work.
English usage, grammar, spelling, vocabulary, and punctuation. Techniques for dealing effectively with the public, vendors, contractors, and Town staff, in person and over the telephone.
Techniques for effectively representing the Town in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.
Techniques for providing a high level of customer service to public and Town staff, in person and over the telephone.
Ability to:
Plan, supervise, coordinate, review, and evaluate recreation programs. Supervise, select, train, motivate, and evaluate the work of staff and volunteers.
Resolution No. Town of Apple Valley Page 4 of 4
Interpret, apply, and explain applicable Federal, State, and local policies, procedures, laws, and regulations related to designated program area(s).
Apply Town policies, procedures, and organizational priorities related to various recreational programs as needed.
Plan, organize, direct, and oversee the implementation of a variety of recreational programs and/or other recreational programs suited to the needs of the community. Analyze situations and identify pertinent problems/issues; collect relevant information; evaluate realistic options; and recommend/implement appropriate course of action. Respond to medical emergencies and injuries in a calm and effective manner, including providing basic first aid and/or adult and child cardiopulmonary resuscitation. Effectively conduct meetings and make presentations to various groups. Maintain facilities and equipment in a clean, safe, and secure manner. Prepare clear and concise reports, correspondence, and other written materials. Establish and maintain a variety of filing, record-keeping, and tracking systems. Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Must possess mobility to work in a standard office and/or recreational facility setting and use standard office and/or recreation equipment, including a computer; to operate a motor vehicle, and to visit various Town and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard. or calculator and to operate standard office equipment. Positions in this classification frequently bend, stoop, kneel, reach, climb, and walk on uneven surfaces to participate in recreational activities; and push and pull drawers open and closed to retrieve and file information.
Employees must possess the ability to lift, carry, push, and pull materials and objects necessary to perform job functions.
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Certain positions within this classification may work outdoors and may be exposed to inclement weather conditions and hot and cold temperatures. Incumbents may be exposed to blood and body fluids rendering First Aid and CPR and are required to wear appropriate attire for the recreation activity to which they are assigned. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. *FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.
Resolution No. Town of Apple Valley Page 1 of 4
FLSA: Exempt*
Executive Assistant
SUMMARY
Under general supervision, provides varied, complex, and confidential office administrative and secretarial support primarily to the Town Manager or Assistant Town Manager; conducts projects and administers limited programs; performs technical support work related to the responsibilities of the Town Manager and Town Council or Assistant Town Manager; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Based on assignment, receives general supervision from either the Town Manager or Assistant Town Manager. No direct supervision of staff is exercised.
ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
When performing assignment in the Town Manager’s Office:
Provides office administrative support, transmits information to, and answers questions from the Mayor and Town Council.
Ensures that all office administrative functions of the Town Manager’s office are effectively carried out.
Maintains multiple calendars and coordinates the schedules of the Town Manager as directed with those of members of the Council, representatives of other organizations, and the public; makes travel arrangements as required.
Receives and screens visitors, telephone calls, emails, and regular mail; provides information and resolves issues for Town staff, other organizations, and the public, which often requires the use of judgment and the interpretation of policies, rules, and procedures. Provides a variety of support to Town commissions, committees, and/or task forces; may prepare and distribute agenda packets, attend meetings and prepare minutes, and followup on decisions as required. Organizes and maintains various administrative, confidential, reference, and follow-up files and records for the Town Manager’s Office and the Town Council (i.e., budgets, purchasing); updates resources materials.
Attends to a variety of office administrative details, such as purchasing supplies, arranging for equipment purchase and maintenance; attends meetings. Prepares detailed and often confidential correspondence, reports, resolutions, contracts, forms, invitations, graphic materials, and specialized documents from drafts, notes, brief instructions, corrected copy, or dictated tapes; proofreads materials for accuracy,
Resolution No. Town of Apple Valley Page 2 of 4
completeness, and compliance with departmental policies. Performs other duties as assigned.
When performing assignment in the Assistant Town Manager’s Office:
Receives and screens visitors, telephone calls, emails, and regular mail; provides information and resolves issues for Town staff, other organizations, and the public, which often requires the use of judgment and the interpretation of policies, rules, and procedures. Organizes and maintains various administrative, confidential, reference, and follow-up files and records, updates resources materials.
Prepares public meeting agendas; posts and uploads to the Town website; delivers agendas and exhibits; processes public hearing notices and sends out for publication. Performs a variety of support duties to include typing reports and correspondence, collecting and compiling data, making travel arrangements for staff, entering data into appropriate computer system, and maintaining records and files.
Processes bills and invoices for payment; prepares and transmits a variety of financial documents; assists in budget preparation and maintains records of purchase orders, expense statements, and other fiscal transactions.
Tracks department expenditures to ensure compliance with the budget; enters purchase requisitions into computer system; prepares invoices; prepares draft changes to municipal fee schedule for department.
Provides general housing information to contractors and the public related to department and Town policies and procedures; evaluates and determines eligibility for housing program applicants.
Reviews loan applications and prepares related documents; prepares demand payments for rehabilitation loans; calculates share of equity for down payment assistant loans; monitors loan recipients for compliance and Housing and Urban Development (HUD) reporting requirements. Maintains records and files related to Town rehabilitation, Community Development Block Grants (CDBG), and similar programs.
Acts as the Town’s representative and liaison on relevant topics, including responding to questions and comments from the public in a courteous and timely manner and collaborating with involved parties to reach resolutions on identified issues. Performs related duties as required or assigned.
DISTINGUISHING CHARACTERISTICS
This is the highest-level class in the administrative office support series. Incumbents with an appropriate educational or equivalent technical background learn and perform a variety of complex and confidential office administrative, project coordination, and management support work for the Town Manager, Town Council, and associated staff. This class is distinguished from other administrative classes in that it requires the highest level of discretion and independent judgment and performs the most complex administrative office support functions.
MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:
Equivalent to the completion of the twelfth (12th) grade and five (5) years of responsible secretarial experience involving assisting executive management or a high-level official with administrative
Resolution No. Town of Apple Valley Page 3 of 4
duties such as typing, filing, calendar coordination, public relations, and project coordination tasks. Public sector experience is highly desirable.
LICENSE AND CERTIFICATION REQUIREMENTS
Valid California class C driver’s license with satisfactory driving record and automobile insurance.
Knowledge of:
Basic organization and function of public agencies, including the role of an elected Town Council and appointed boards and commissions.
Applicable codes, regulations, policies, technical processes, and procedures. Project coordination and implementation procedures.
Standard office administrative and secretarial practices and procedures, including the use of standard office equipment.
Business letter writing and the standard format for reports and correspondence. Records management principles and practices.
Business arithmetic and basic statistical techniques. Modern office practices, methods, and computer equipment. Computer applications related to the work.
English usage, grammar, spelling, vocabulary, and punctuation. Techniques for dealing effectively with the public, vendors, contractors and Town staff, in person and over the telephone.
Techniques for providing a high level of customer service to public and Town staff, in person and over the telephone.
Ability to:
Provide varied, confidential, and responsible secretarial and office administrative work requiring the use of independent judgment, tact, and discretion. Respond to and effectively prioritize multiple phone calls, walk-up traffic, and other requests and interruptions.
Interpret and implement policies, procedures, technical processes, and computer applications related to the Town Manager’s office.
Analyze and resolve office administrative and procedural concerns and make process improvement changes to streamline procedures.
Operate standard office equipment, including job-related computer hardware and software applications, facsimile equipment, and multi-line telephones. Plan, organize, schedule, assign, review, and evaluate the work of staff, as assigned. Perform basic research and prepare reports and recommendations. Compose correspondence and reports independently or from brief instructions. Establish and maintain a records management system.
Make accurate arithmetic and statistical calculations. Use English effectively to communicate in person, over the telephone, and in writing. Organize own work, coordinate projects, set priorities, meet critical deadlines, and follow-up on assignments with a minimum of direction.
Take notes rapidly and accurately transcribe own notes. Establish and maintain a variety of filing, record-keeping, and tracking systems. Operate modern office equipment including computer equipment and specialized software applications programs.
Resolution No. Town of Apple Valley Page 4 of 4
Use English effectively to communicate in person, over the telephone, and in writing. Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
Establish and maintain effective working relationships with those contacted in the course of the work.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various Town and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard, or calculator, and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects necessary to perform job functions.
Employees work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
*FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Account Clerk I 36 $3,263 to $4,611
Account Clerk II 40 $3,602 to $5,090
Accountant I 52 $4,845 to $6,846
Accountant II 55 $5,217 to $7,372
Accountant, Senior 61 $6,051 to $8,550
Accounting Technician 46 $4,178 to $5,903
Administrative Analyst I 55 $5,217 to $7,372
Administrative Analyst II 61 $6,051 to $8,550
Administrative Assistant 42 $3,785 to $5,348
Administrative Assistant, Senior 48 $4,389 to $6,202
Animal Health Assistant 39 $3,514 to $4,966
Animal Health Supervisor 55 $5,217 to $7,372
Animal Services Supervisor 55 $5,217 to $7,372
Animal Services Assistant 28 $2,686 to $3,785
Animal Services Attendant 37 $3,345 to $4,727
Animal Services Manager 69 $7,372 to $10,417
Animal Services Officer I 42 $3,785 to $5,348
Animal Services Officer II 46 $4,178 to $5,903
Animal Services Officer Trainee 38 $3,429 to $4,845
Animal Services Officer, Senior 52 $4,845 to $6,846
Animal Services Specialist, Senior 39 $3,514 to $4,966
Town of Apple Valley Classification Plan FY 2022-2023
Effective: 01/24/2023
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
Animal Services Technician 40 $3,602 to $5,090
Assistant Director of Community Development 76 $8,763 to $12,383 Assistant Director of Community Enhancement 76 $8,763 to $12,383 Assistant Director of Econ Dev & Housing 76 $8,763 to $12,383 Assistant Director of Energy & Environmental Services 76 $8,763 to $12,383 Assistant Director of Finance 76 $8,763 to $12,383
Assistant Planner 53 $4,966 to $7,017
Assistant Pool Manager 34 $3,106 to $4,389
Assistant Town Clerk 64 $6,516 to $9,207
Assistant Town Manager NR $15,851 to $22,397
Associate Planner 59 $5,759 to $8,138
Code Enforcement Manager 69 $7,372 to $10,417
Code Enforcement Officer I 46 $4,178 to $5,903
Code Enforcement Officer II 52 $4,845 to $6,846
Code Enforcement Officer, Senior 55 $5,217 to $7,372
Code Enforcement Supervisor 59 $5,759 to $8,138
Code Enforcement Technician 42 $3,785 to $5,348
Community Development Director 86 $11,218 to $15,851
Community Enhancement Officer 44 $3,976 to $5,619
Custodial Aide 28 $2,686 to $3,785
Custodian 31 $2,884 to $4,076
Effective: 01/24/2023
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
Customer Service Representative 38 $3,429 to $4,845
Deputy Town Clerk 53 $4,966 to $7,017
Director of Animal Services 86 $11,218 to $15,851
Director of Business Development and Communication 86 $11,218 to $15,851 Director of Finance 86 $11,218 to $15,851
Director of Government Services 86 $11,218 to $15,851
Director of Municipal Services 86 $11,218 to $15,851
Director of Parks and Recreation 86 $11,218 to $15,851
Director of Public Works 86 $11,218 to $15,851
Economic Development Assistant 53 $4,966 to $7,017
Economic Development Manager 72 $7,939 to $11,218
Economic Development Specialist I 59 $5,759 to $8,138
Economic Development Specialist II 65 $6,679 to $9,437
Environmental Programs Coordinator 59 $5,759 to $8,138
Equipment Operator 48 $4,389 to $6,202
Event Assistant 28 $2,686 to $3,785
Event Coordinator 51 $4,727 to $6,679
Executive Assistant 54 $5,090 to $7,192
Finance Analyst 67 $7,017 to $9,915
Fiscal Services Supervisor 61 $6,051 to $8,550
Finance Manager 72 $7,939 to $11,218
Effective: 01/24/2023
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
Fleet Mechanic 45 $4,076 to $5,759
Geographic Information Systems (GIS) Specialist 55 $5,217 to $7,372 Golf Services Aide 28 $2,686 to $3,785
Golf Services Retail Assistant 34 $3,106 to $4,389
Golf Services Supervisor 52 $4,845 to $6,846
Housing & Community Dev Specialist I 57 $5,482 to $7,745 Housing & Community Dev Specialist II 63 $6,357 to $8,982 Housing & Community Development Supervisor 65 $6,679 to $9,437 Housing & Community Development Technician 43 $3,879 to $5,482 Human Resources Analyst 61 $6,051 to $8,550
Human Resources Assistant 50 $4,611 to $6,516
Human Resources Coordinator 55 $5,217 to $7,372
Human Resources Manager 69 $7,372 to $10,417
Innovation and Technology Coordinator 63 $6,357 to $8,982 Innovation and Technology Officer 76 $8,763 to $12,383
Innovation and Technology Specialist 55 $5,217 to $7,372 Innovation and Technology Technician 49 $4,499 to $6,357 Intern 28 $2,686 to $3,785
Lifeguard 31 $2,884 to $4,076
Maintenance Aide 28 $2,686 to $3,785
Maintenance Supervisor 59 $5,759 to $8,138
Effective: 01/24/2023
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
Maintenance Worker I 37 $3,345 to $4,727
Maintenance Worker II 41 $3,692 to $5,217
Maintenance Worker, Senior 45 $4,076 to $5,759
Manager of Legislative Affairs and Grants 72 $7,939 to $11,218 Office Assistant 30 $2,814 to $3,976
Office Assistant, Senior 36 $3,263 to $4,611
Park and Recreation Manager 72 $7,939 to $11,218
Parks Supervisor 52 $4,845 to $6,846
Planner, Senior 65 $6,679 to $9,437
Planning Manager 72 $7,939 to $11,218
Planning Technician 43 $3,879 to $5,482
Pool Manager 37 $3,345 to $4,727
Principal Planner 70 $7,557 to $10,677
Public Information Officer 72 $7,939 to $11,218
Public Relations Specialist 53 $4,966 to $7,017
Public Relations Specialist, Senior 56 $5,348 to $7,557 Public Works Inspector 52 $4,845 to $6,846
Public Works Manager 69 $7,372 to $10,417
Public Works Supervisor 59 $5,759 to $8,138
Public Works Technician 43 $3,879 to $5,482
Records Technician 41 $3,692 to $5,217
Effective: 01/24/2023
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
Recreation Assistant 34 $3,106 to $4,389
Recreation Coordinator 44 $3,976 to $5,619
Recreation Leader I 28 $2,686 to $3,785
Recreation Leader II 31 $2,884 to $4,076
Recreation Specialist 40 $3,602 to $5,090
Recreation Supervisor 52 $4,845 to $6,846
Recreation Supervisor, Senior 59 $5,759 to $8,138
Registered Veterinary Technician 46 $4,178 to $5,903
Rescue Coordinator 39 $3,514 to $4,966
Special Projects Manager 72 $7,939 to $11,218
Town Clerk 76 $8,763 to $12,383
Town Manager NR $21,584 to $21,584
Effective: 01/24/2023
Town Council Agenda Report
Date: January 24, 2023
To: Honorable Mayor and Town Council
Subject: A DEVELOPMENT CODE AMENDMENT TO LIST SHORT TERM
RENTALS AS REQUIRING A SPECIAL USE PERMIT IN SECTION
9.28.030, TABLE 9.28.030-A IN ALL RESIDENTIAL ZONES, AMEND SECTION 9.16.130 TO AMEND THE PROCEDURES FOR
MODIFICATION AND REVOCATION HEARINGS FOR CONDITIONAL
AND SPECIAL USE PERMITS, AND AMEND SECTION 8.34.030 OF
THE MUNICIPAL CODE, AND ADD A NEW SECTION 8.34.080 TO
CHAPTER 8.34 OF THE APPLE VALLEY MUNICIPAL CODE
ESTABLISHING A REGULATORY SCHEME FOR SHORT-TERM
RENTALS
From: Douglas Robertson, Town Manager
Submitted by: Daniel Alcayaga, AICP, Planning Manager
Planning
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Development Code and Municipal Code Amendments, may have a significant effect on the environment, the activity is not subject to CEQA.
B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2022-004 adopted October 19, 2022, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings.
C. Move to waive the reading of Ordinance No. 561 in its entirety and read by title only.
D. Introduce Ordinance No. 561 approving Development Code Amendment No. 2022-004 to amend Section 9.28.030, Table 9.28.030-A and Section 9.16.130 of the Development Code, and amending Section 8.34.030 and adding Section
8.34.080 to the Apple Valley Municipal Code.
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.
BACKGROUND
On August 23, 2022, the Town Council initiated a Development Code Amendment (“DCA”) pertaining to Short Term Rentals (“STR”) due to the emergence of residential rental units on a short-term basis, and concerns received from citizens regarding the impacts they have on the character of existing neighborhoods. There are many websites and apps that advertise short-term rentals, the most common of which is “Airbnb ©.”
ANALYSIS
Elements of the Short-Term Rental Ordinance include the following:
Establish a Definition: Short-Term Rental shall mean any dwelling unit in which overnight accommodations are provided to guests for compensation that is rented, leased, or subleased for 30 consecutive days or less.
List Short Term Rentals as requiring a Special Use Permit in Section 9.28.030, Table
9.28.030-A in all Residential Zones.
Establishes new Short Term Rental Regulations, to include the following:
o Short-Term Rentals would be subject to the Property Maintenance Certificate and Inspection requirements, similar to long-term rentals. o Designation and identifiable off-street parking spaces and access. o Ensures payment of Transient Occupancy Tax;
o Maximum allowable occupancy; and
o Violations and Penalties, including making it illegal to advertise a STR without proper registration.
The proposed Ordinance clarifies that Special Use Permits can be revoked by the Planning Commission, like the existing revocation process for Conditional Use Permits.
As far as financial penalties, the proposed Ordinance will fine operators two times the rental value for the first night’s violation, three times the rental value for the second night’s violation, four times the rental value for the third night’s violation and continuing at the same ratio for each and every additional night’s violation.
At the Planning Commission meeting of October 19, 2022, the Commission voted 4-1 to recommend that the Town Council approve the proposed Short-Term Rental Ordinance.
Commissioner Bob Tinsley voted not in favor of the proposed Ordinance stating that the
Police should ultimately resolve complaints; questioned why the system in place did not work; and did not support another layer of regulations. Commissioner Tinsley requested to hear more from Police, and although in favor of tougher penalties, believed that Town staff cannot respond to complaints in the middle of the night or witness violations. The dissenting Commissioner did not feel there were enough complaints/incidents to warrant the proposed SUP and Property Maintenance Certificate and Inspection requirements for STRs.
All Commissioners supported adding tougher financial penalties, and a simple majority of Commissioners supported requiring a Special Use Permit for STRs in addition to the Property Maintenance Certificate and Inspection. It was believed that some violators would be willing to pay penalties to continue to violate the law, and therefore, penalties should be high enough to deter violations. There was consensus among Commissioners that the property owner, as the operator, should be responsible for the violations, as the Ordinance forces property owners to be more vigilant and geared towards owners that don’t care. Most of the Commissioners agreed that the Planning Commission should be responsible for revoking SUPs.
The Commission believed that requiring short term rentals to undergo the land use entitlement process, as well as enroll in a property maintenance certificate program will provide sufficient oversight and authority over short term rentals. Such regulations provide the Town authority to investigate complaints and abate violation of excessive noise, crime, loitering, littering, and other public nuisance violations. The SUP allows the Town to require special conditions on a case-by case basis, and allows the condition of approval to be modified, and even revoked if violations are not corrected.
A. Environmental Assessment: Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]. This proposed Development Code Amendment and Municipal Code Amendment are only regulatory in nature and will not have any significant effect on the environment.
B. Noticing: The Development Code Amendment was advertised in the legal section of Daily Press newspaper as a 1/8th page advertisement.
C. Findings: The following are the Findings for a Development Code Amendment required under Section 9.06.060 of the Development Code, with a comment to address each:
a. The proposed amendment is consistent with the General Plan.
Policy 4.C of the General Plan requires the Town to establish development standards and corresponding enforcement programs for existing and new residential development that will provide for visually attractive and safe residential neighborhoods. The Amendment regulates the renting of
residential dwelling units for periods of 30 consecutive days or less; establishes a procedure for reviewing and approving short-term rental permit applications; and establishes maintenance, parking, occupancy, and other standards for short-term rentals to limit the potential impact on neighbors. b. The proposed amendment will not be detrimental to the public health, safety or welfare of the Town or its residents.
The growth of short-term rentals may lead to neighborhood conflicts unless appropriate rules are established and understood by property owners, community members, and decision makers. Numerous short-term rentals have already been operating in the Town of Apple Valley without payment of transient occupancy taxes to the Town and without appropriate regulations in place. The amendment provides a short-term rental program that will allow residents to mitigate housing costs by supplementing their income from their primary residences, while minimizing adverse impacts on the housing supply and on persons and households of all income levels that could result from the loss of residential units through their conversion to tourist home use.
FISCAL IMPACT
None
ATTACHMENTS
1. Planning Commission Resolution No. 2022-004
2. Ordinance No. 561
PLANNING COMMISSION RESOLUTION NO. 2022-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE
TOWN OF APPLE VALLEY, CALIFORNIA, RECOMMENDING
THAT THE TOWN COUNCIL AMEND THE DEVELOPMENT
CODE TO LIST SHORT-TERM RENTALS AS REQUIRING A
SPECIAL USE PERMIT IN SECTION 9.28.030, TABLE 9.28.030- A IN ALL RESIDENTIAL ZONES, AMEND SECTION 9.16.130 TO
AMEND THE PROCEDURES FOR MODIFICATION AND
REVOCATION HEARINGS FOR CONDITIONAL AND SPECIAL
USE PERMITS, AND AMEND SECTION 8.34.030 AND ADD A
NEW SECTION 8.34.080 TO CHAPTER 8.34 OF THE APPLE
VALLEY MUNICIPAL CODE ESTABLISHING A REGULATORY
SCHEME FOR SHORT-TERM RENTALS
WHEREAS, The General Plan of the Town of Apple Valley was adopted by the Town Council on August 11, 2009; and
WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley was adopted by the Town Council on April 27, 2010; and WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Development Code Amendment DCA 2022-004 is consistent with the General Plan and Municipal Code of the Town of Apple Valley; WHEREAS, On October 7, 2022, Development Code Amendment DCA 2022-004 was duly noticed in the Victor Valley News, a newspaper of general circulation within the Town of Apple Valley; and
WHEREAS, Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]; and
WHEREAS, On October 19, 2022, the Planning Commission of the Town of Apple Valley conducted a duly noticed and advertised public hearing Development Code Amendment DCA 2022-004, receiving testimony from the public and adopted Planning Commission Resolution No. 2022-004 recommending adoption of Development Code Amendment DCA 2022-004; and WHEREAS, Development Code Amendment DCA 2022-004 is consistent with the Land Use Element goals and policies of the Town’s General Plan and Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley; and WHEREAS, the Planning Commission finds that the growth of short-term rentals may lead to neighborhood conflicts unless appropriate rules are established and understood by property owners, community members, and decision makers; and
WHEREAS, the Planning Commission desires to regulate the renting of residential dwelling units for periods of 30 consecutive days or less; establish a procedure for reviewing and approving short-term rental permit applications; clarify the procedure for modifying and/or revoking conditional and special use permits; and establish maintenance, parking, occupancy, and other standards for short-term rentals to limit the potential impact on neighbors; and WHEREAS, numerous short-term rentals have already been operating in the Town of Apple Valley without payment of transient occupancy taxes to the Town and without appropriate regulations in place; and
WHEREAS, the Planning Commission desires to provide a short-term rental program that will allow residents to mitigate housing costs by supplementing their income from their primary residences, while minimizing adverse impacts on the housing supply and on persons and households of all income levels that could result from the loss of residential units through their conversion to tourist home use.
NOW, THEREFORE, BE IT RESOLVED that in consideration of the evidence presented at the public hearing, and for the reasons discussed by the Commissioners at said hearing, the Planning Commission of the Town of Apple Valley, California, finds and determines as follows and recommends that the Town Council make the following findings and take the following actions:
Section 1. The recitals above are true and correct and are hereby incorporated herein by this reference.
Section 2. For the reasons stated in the Staff Report, find that the changes proposed by Development Code Amendment DCA 2022-004 are consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan and will not be detrimental to the public health, safety or welfare of the Town or its residents.
Section 3. Section 9.28.030, Table 9.28.030-A in all Residential Zones of the Apple Valley Municipal Code is hereby amended to add subsection (A)(16) and Note 14 to read as follows:
“
Type of
Use
R-VLD R-A R-LD R-E RE ¾ R-EQ R-SF R-M MHP M-U PRD
16.Short
Term
Rentals
SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP
14. Short Term Rentals shall also be subject to Sections 8.34.030 and 8.34.080 of Chapter 8.34.” Section 4. Section 9.16.130, subparagraphs (B) and (C) shall be amended to read as follows (new language in underline and deleted language in strikethrough):
“B. Revocation. The Commission may hold a hearing to revoke or modify a Use Permit, regardless of whether the Use Permit was originally approved by the Director or by the Planning Commission, in compliance with the provisions in this Chapter. At least ten (10) days prior to the hearing, notice shall be given in accordance with Chapter 9.13, Public Hearings and Notice, of this Code, and shall be delivered in writing to the applicant and/or owner of the property for which such Use Permit was
granted. Notice shall be deemed delivered two (2) days after being mailed, first class postage, to the owner as shown on the current tax rolls of the County of San Bernardino, and/or the project applicant.
C. Required Findings. A Conditional Use Permit or Special Use Permit may be revoked or modified by the Planning Commission, or a Special Use Permit by the Director, if any one (1) of the following findings can be made: …”
Section 5. Section 8.34.030 of Chapter 8.34 of the Apple Valley Municipal Code is hereby amended to add subsection (j) to read in its entirety as follows:
“ 8.34.030 - Definitions
. . .
(j) Short-Term Rental shall mean any dwelling unit in which overnight accommodations are provided to guests for compensation that is rented, leased, or subleased for 30 consecutive days or less.”
Section 6. Section 8.34.080 is hereby added to Chapter 8.34 of the Apple Valley Municipal Code to read in its entirety as follows:
“ 8.34.080 Short-Term Rental Regulations.
(a) Operators of Short-Term Rentals shall be subject to the Property Maintenance Certificate requirements and obligated to pay fees as set forth in Section 8.34.040. (b) Operators of Short-Term Rentals shall be subject to the Inspection requirements set forth in Section 8.34.050.
(c) Occupancy Limitations. Occupancy for any Short-Term Rental is limited to two (2) occupants per bedroom, as defined in the California Building Code. An additional two (2) occupants are allowed in Short-Term Rentals that provide a separate living space. In no instance can a Short-Term Rental provide a total occupancy that is greater than the capacity of the number of vehicles which can be accommodated by the off-street parking requirements of Subdivision (d).
(d) Off-Street Parking Requirements. Properties offered as Short-Term Rentals must provide sufficient designated and easily identified off-street parking spaces to meet the occupancy level offered by the Short-Term Rental. If multiple Short-Term Rentals are offered concurrently on the same property, separate designated off-street parking spaces must be provided for each Short-Term Rental offered. In no instance can the total occupancy of a Short-Term Rental exceed the vehicle capacity of the designated off-street parking available. For the purposes of this Section, vehicle capacity is considered as four (4) individuals per vehicle.
(i) Properties with Privately Maintained Shared Vehicle Access. For ShortTerm Rentals where vehicle access to the property is shared with multiple owners and is privately maintained, a "Parking Plan" shall be submitted. The "Parking Plan" documents the methods in which the presence of a Short-Term Rental will avoid encumbering parking. These methods may include: (1) Existing variances;
(2) Shared maneuvering diagrams or conditions; (3) Signage identifying designated off-street parking spaces; (4) Agreements indicating designated offstreet parking spaces. Additionally, the "Parking Plan" shall include instructions to be provided to guests of the Short-Term Rental outlining the location of designated off-street parking spaces and instructions for maintaining clear access to shared maneuvering areas. The Town will consider blocked access to shared maneuvering areas or guest parking outside of designated off-street parking spaces to be violations.
(e) Operators of Short Term Rentals shall ensure payment of Transient Occupancy Tax in accordance with Chapter 3.24.
(f) In addition to being subject to the penalty provisions set forth in Section 8.34.060, Operators of Short-Term Rentals who violate the provisions of this Chapter shall be considered a public nuisance and shall be subject to any other judicial and administrative penalties and remedies available to the Town under Chapter 6.30 of this Code, or under state law. Operators of Short-Term Rentals may be issued an administrative fine in the amount of two (2) times the rental value for the first night’s violation, three (3) times the rental value for the second night’s violation, four (4) times the rental value for the third night’s violation, and continuing at the same ratio for each and every additional night’s violation.”
Section 7. Compliance with California Environmental Quality Act. This Resolution has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and it has been determined that approval of the Resolution is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the Resolution will have a significant effect on the environment. The Planning Commission concurs in these findings and adopts them as its own.
Section 8. Severability. If any section, sentence, clause or phrase of this Resolution or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Planning Commission of the Town of Apple Valley hereby declares that it would have adopted this Resolution and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Approved and Adopted by the Planning Commission of the Town of Apple Valley this 19th day of October 2022.
Chairman Mike Arias
ATTEST:
I, Hannah Raleigh, Secretary to the Planning Commission of the Town of Apple Valley, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 19th day of October 2022 by the following vote, to-wit:
AYES: Chairperson Arias: Vice Chairman Lanyon; Commissioner Kallen; Commissioner North.
NOES: Commissioner Tinsley
ABSENT:
ABSTAIN:
Planning Commission Secretary
ORDINANCE NO. 561
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY, CALIFORNIA, AMENDING TITLE 9
“DEVELOPMENT CODE” OF THE TOWN OF APPLE
VALLEY MUNICIPAL CODE, BY AMENDING THE
DEVELOPMENT CODE TO LIST SHORT-TERM RENTALS
AS REQUIRING A SPECIAL USE PERMIT IN SECTION
9.28.030, TABLE 9.28.030-A IN ALL RESIDENTIAL ZONES,
AMEND SECTION 9.16.130 TO AMEND THE PROCEDURES
FOR MODIFICATION AND REVOCATION HEARINGS FOR
CONDITIONAL AND SPECIAL USE PERMITS, AND AMEND
SECTION 8.34.030 AND ADD A NEW SECTION 8.34.080 TO
CHAPTER 8.34 OF THE APPLE VALLEY MUNICIPAL CODE
ESTABLISHING A REGULATORY SCHEME FOR SHORTTERM RENTALS WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley was adopted by the Town Council on April 27, 2010; and WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Development Code Amendment DCA 2022-004 is consistent with the General Plan and Municipal Code of the Town of Apple Valley; and WHEREAS, On January 14, 2023, Development Code Amendment DCA 2022-004 was duly noticed in the Daily Press, a newspaper of general circulation within the Town of Apple Valley; and
WHEREAS, Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]; and WHEREAS, On October 19, 2022, the Planning Commission of the Town of Apple Valley conducted a duly noticed and advertised public hearing on Development Code Amendment DCA 2022-004, receiving testimony from the public and adopted Planning Commission Resolution No. 2022-004 recommending adoption of Development Code Amendment DCA 2022-004; and
WHEREAS, On January 24, 2023, the Town Council of the Town of Apple Valley conducted a duly noticed and advertised public hearing on Development Code Amendment DCA 2022-004, receiving testimony from the public and adopted this Ordinance approving
Ordinance No. 561
Development Code Amendment DCA 2022-004; and
WHEREAS, Development Code Amendment DCA 2022-004 is consistent with the Land Use Element goals and policies of the Town’s General Plan and Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley; and WHEREAS, the Town Council finds that the growth of short-term rentals may lead to neighborhood conflicts unless appropriate rules are established and understood by property owners, community members, and decision makers; and WHEREAS, the Town Council desires to regulate the renting of residential dwelling units for periods of 30 consecutive days or less; establish a procedure for reviewing and approving short-term rental permit applications; clarify the procedure for modifying and/or revoking conditional and special use permits; and establish maintenance, parking, occupancy, and other standards for short-term rentals to limit the potential impact on neighbors; and
WHEREAS, numerous short-term rentals have already been operating in the Town of Apple Valley without payment of transient occupancy taxes to the Town and without appropriate regulations in place; and
WHEREAS, the Town Council desires to provide a short-term rental program that will allow residents to mitigate housing costs by supplementing their income from their primary residences, while minimizing adverse impacts on the housing supply and on persons and households of all income levels that could result from the loss of residential units through their conversion to tourist home use; and WHEREAS, all of the findings and conclusions made by the Town of Apple Valley Town Council pursuant to this Ordinance are based upon the oral and written evidence before it as a whole; and
NOW, THEREFORE, the Town Council of the Town of Apple Valley, State of California, does ordain as follows:
Section 1. The recitals above are true and correct and are hereby incorporated herein by this reference.
Section 2. For the reasons and Findings stated in the Staff Report, the Town Council finds that the changes proposed by Development Code Amendment DCA 2022- 004 are consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan and will not be detrimental to the public health, safety or welfare of the Town or its residents.
Ordinance No. 561
Section 3. Section 9.28.030, Table 9.28.030-A in all Residential Zones of the Apple Valley Municipal Code is hereby amended to add subsection (A)(16) and Note 14 to read as follows:
“
Type of
Use
RVLDR-A R-LD R-E RE ¾ R-EQ R-SF R-M MHP M-U PRD
16.Short
Term
Rentals
SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP
14. Short Term Rentals shall also be subject to Sections 8.34.030 and 8.34.080 of Chapter
8.34.”
Section 4. Section 9.16.130, subparagraphs (B) and (C) shall be amended to read as follows (new language in underline and deleted language in strikethrough):
“B. Revocation. The Commission may hold a hearing to revoke or modify a Use Permit, regardless of whether the Use Permit was originally approved by the Director or by the Planning Commission, in compliance with the provisions in this Chapter. At least ten (10) days prior to the hearing, notice shall be given in accordance with Chapter 9.13, Public Hearings and Notice, of this Code, and shall be delivered in writing to the applicant and/or owner of the property for which such Use Permit was granted. Notice shall be deemed delivered two (2) days after being mailed, first class postage, to the owner as shown on the current tax rolls of the County of San Bernardino, and/or the project applicant.
C. Required Findings. A Conditional Use Permit or Special Use Permit may be revoked or modified by the Planning Commission, or a Special Use Permit by the Director, if any one (1) of the following findings can be made: …”
Section 5. Section 8.34.030 of Chapter 8.34 of the Apple Valley Municipal Code is hereby amended to add subsection (j) to read in its entirety as follows:
“ 8.34.030 - Definitions
. . .
Ordinance No. 561
(j) Short-Term Rental shall mean any dwelling unit in which overnight accommodations are provided to guests for compensation that is rented, leased, or subleased for 30 consecutive days or less.”
Section 6. Section 8.34.080 is hereby added to Chapter 8.34 of the Apple Valley Municipal Code to read in its entirety as follows:
“ 8.34.080 Short-Term Rental Regulations.
(a) Operators of Short-Term Rentals shall be subject to the Property Maintenance Certificate requirements and obligated to pay fees as set forth in Section 8.34.040.
(b) Operators of Short-Term Rentals shall be subject to the Inspection requirements set forth in Section 8.34.050.
(c) Occupancy Limitations. Occupancy for any Short-Term Rental is limited to two (2) occupants per bedroom, as defined in the California Building Code. An additional two (2) occupants are allowed in Short-Term Rentals that provide a separate living space. In no instance can a Short-Term Rental provide a total occupancy that is greater than the capacity of the number of vehicles which can be accommodated by the off-street parking requirements of Subdivision (d). (d) Off-Street Parking Requirements. Properties offered as Short-Term Rentals must provide sufficient designated and easily identified off-street parking spaces to meet the occupancy level offered by the Short-Term Rental. If multiple ShortTerm Rentals are offered concurrently on the same property, separate designated off-street parking spaces must be provided for each Short-Term Rental offered. In no instance can the total occupancy of a Short-Term Rental exceed the vehicle capacity of the designated off-street parking available. For the purposes of this Section, vehicle capacity is considered as four (4) individuals per vehicle. (i) Properties with Privately Maintained Shared Vehicle Access. For Short-Term Rentals where vehicle access to the property is shared with multiple owners and is privately maintained, a "Parking Plan" shall be submitted. The "Parking Plan" documents the methods in which the presence of a Short-Term Rental will avoid encumbering parking. These methods may include: (1) Existing variances; (2) Shared maneuvering diagrams or conditions; (3) Signage identifying designated off-street parking spaces; (4) Agreements indicating designated off-street parking spaces.
Additionally, the "Parking Plan" shall include instructions to be provided to guests of the Short-Term Rental outlining the location of designated offPage 204 of 530 Ordinance No. 561
street parking spaces and instructions for maintaining clear access to shared maneuvering areas. The Town will consider blocked access to shared maneuvering areas or guest parking outside of designated off-street parking spaces to be violations.
(e) Operators of Short Term Rentals shall ensure payment of Transient Occupancy Tax in accordance with Chapter 3.24.
(f) In addition to being subject to the penalty provisions set forth in Section
8.34.060, Operators of Short-Term Rentals who violate the provisions of this Chapter shall be considered a public nuisance and shall be subject to any other judicial and administrative penalties and remedies available to the Town under Chapter 6.30 of this Code, or under state law. Operators of Short-Term Rentals may be issued an administrative fine in the amount of two (2) times the rental value for the first night’s violation, three (3) times the rental value for the second night’s violation, four (4) times the rental value for the third night’s violation, and continuing at the same ratio for each and every additional night’s violation.” Section 7. Compliance with California Environmental Quality Act. This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and it has been determined that approval of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the amendments to the Development Code or Municipal Code will have a significant effect on the environment. The Town Council concurs in these findings and adopts them as its own.
Section 8. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under Section 36933 of the Government Code of the State of California.
Section 9. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
Section 10. Severability. If any section, sentence, clause or phrase of this Resolution or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without
Ordinance No. 561
the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Town Council of the Town of Apple Valley hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley and signed by the Mayor and attested by the Town Clerk this 24th day of January, 2023.
Scott Nassif, Mayor
ATTEST:
Ms. La Vonda M. Pearson, Town Clerk
Approved as to form: Approved as to content:
Mr. Thomas Rice, Town Attorney Mr. Douglas B. Robertson, Town Manager
Town Council Agenda Report
Date: January 24, 2023
To: Honorable Mayor and Town Council
Subject: CONSIDERATION OF GENERAL PLAN AMENDMENT GPA 2022-006 AND DEVELOPMENT CODE AMENDMENT DCA 2022-002 TO
AMEND SECTION 9.71.080 OF THE DEVELOPMENT CODE TO
ALLOW LOT SPLITS ON EXISTING DIRT ROADS IN LIMITED AREAS
LOCATED ALONG THE PERIMETER OF TOWN LIMITS
From: Douglas Robertson, Town Manager
Submitted by: Daniel Alcayaga, AICP, Planning Manager
Planning
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Consideration of General Plan Amendment GPA 2022-006 and Development Code Amendment DCA 2022-002 to amend Section 9.71.080 of the Development Code to allow lot splits on existing dirt roads in limited areas located along the perimeter of Town limits.
A. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Amendments, may have a significant effect on the environment, the activity is not subject to CEQA.
B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2022-005 adopted November 2, 2022, support the required Findings for approval of the proposed General Plan Amendment and Development Code Amendment and adopt the Findings.
C. Move to adopt Resolution No. 2023-02 amending the text of the General Plan of the Town of Apple Valley allowing lot splits on existing dirt roads in limited areas
located along the perimeter of Town limits. This General Plan Amendment will represent the First General Plan Amendment Cycle for 2023.
D. Move to waive the reading of Ordinance No. 562 in its entirety and read by title only.
E. Introduce Ordinance No. 562 approving Development Code Amendment No. 2022-002 to amend Section 9.71.080 of the Development Code.
F. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.
BACKGROUND
On January 11, 2022, Town Council requested that staff schedule a discussion item pertaining to lot splits and street improvement requirements. On April 26, 2022, Town Council held a discussion and initiated a development code amendment to allow lot splits on dirt roads without having to pave a road.
ANALYSIS
At their regular meetings of October 19, 2022 and November 2, 2022, the Planning Commission received public testimony and drafted the proposed Amendments. Public comments were received by two property owners, the Town’s Engineering Department, and the Apple Valley Fire District, and Commission incorporated their comments into the proposed Amendments.
As recommended by the Planning Commission, the Amendments would allow lot splits on existing dirt roads in limited areas located along the perimeter of Town limits, as follows:
The lot, prior to the lot split, would need to be a minimum of 2 gross acres or more in lot size, and not more than 10 gross acres. However, the Director shall have the discretion to approve a lot split on a property of 10 gross acres or more if it can be determined that a subdivision as envisioned in the General Plan cannot be feasibly constructed on the lot due to significant infastructure constraints; and The lot would need to be zoned residential or agricultural, and located east of Navajo Road or south of Bear Valley Road. These regulations do not apply to properties zoned Very Low Density Residential (R-VLD), also known as the Apple Valley Dry Lake. The lot shall not be on a road designated on the Circulation Map, also called Street System Map (Exhibit II-6) of the General Plan; and The lot would need to front on to an existing dirt road that is physically existing and graded at least 12 feet wide as of the effective date of this proposed Ordinance and that is legally dedicated or can be dedicated as part of, or in conjunction with, the lot split. The lot split would need to demonstrate legal access to the Town’s nearest maintained road; and
Both physical and legal access must be approved by the Apple Valley Fire District or conditioned to comply with the District’s requirements prior to recordation of the
lot split; and
The property is not within 200 feet of sewer.
The Planning Commission recommends that the Amendments pertaining to lot splits apply to areas located east of Navajo Road and south of Bear Valley Road, which are zoned residential/agricultural, except properties zoned R-VLD. The Amendments would apply to Single Family Residential (R-SF); Equestrian Residential (R-EQ); Estate Residential (R-E); Low Density Residential (R-LD); and Residential Agriculture (R-A).
Properties designated R-VLD would not qualify because they are within the Apple Valley Dry Lake, a flood zone, and there are concerns about flooding issues there. In addition, a property that is proposed to be lot split, under the new proposed provisions, could not be within 200 feet of sewer. Properties over 10 acres require the Director to determine if a lot split can be approved if there are significant infastructure constraints, or not approved if infastructure improvements are feasible and the lots can support a subdivision as envisioned in the General Plan. The latter provisions are recommended because access to sewer and larger parcels have a greater chance of achieving subdivisions at the density envisioned by the General Plan. These parcels that have the potential to become subdivisions have the potential to expand the paved street network, infrastructure and utilities, and should therefore be excluded from those parcels able to be lot split.
The Planning Commission accepted two recommendations by the Town’s Engineering Department, including:
That a dirt road be defined as a graded road at least 12 feet wide; and That the lot split would need to demonstrate legal access to the Town’s nearest maintained road.
At the the Planning Commission of November 2, 2022, the Apple Valley Fire District stated the need to review the lots splits on a case-by-case basis and would consider factors such as proximity to a paved road, the amount of traffic on the road, and availability of fire hydrants. The Fire District stated that there is an advantage now that all new single-familiy residences are required to have fire sprinklers. It was stated that the existing roads would need to be widened to 26 feet wide to meet the District’s standard depending on traffic.
Therefore, the proposed Amendments include a provision requiring approval of the lot split by the Apple Valley Fire District.
The proposed Amendments do not expand the dirt road street network within the Town.
As recommended, the Amendments limit the qualifying lots to front on to existing dirt roads, as such roads presently provide access to existing single-family homes and emergency vehicles. The Amendments incorporate comments by the public, as well as the Town’s Engineering Department and the Apple Valley Fire District. The Amendments further the General Plan goals and objectives as the new policy has the potential to increase the supply of new lots for single-family residential constructions, and is in line
with the General Plan in that dirt roads can be associated with living in a rural character and lifestyle in more remote outlying rural areas.
Environmental Assessment: Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]. As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the Resolution and Ordinance will have a significant effect on the environment.
Noticing: On January 13, 2023, the Development Code Amendment and General Plan Amendment were advertised in the legal section of Victor Valley newspaper as a 1/8th page advertisement.
Findings for a General Plan Amendment: The following are the Findings for a General Plan Amendment required under Section 9.02.050(H)(3) of the Development Code, with a comment to address each:
A. The reasons for the recommendation are previously stated hereinabove.
B. The proposed General Plan Amendment is consistent with the goals, policies and standards of all elements of the General Plan and will further those goals, policies and standards. Policy 1.A.3 of the Housing Element requires the periodic review of the Development Code for possible amendment to reduce housing construction cost without sacrificing basic health and safety considerations. To minimize health and safety consideration, the Amendment will only apply to lot splits fronting on to existing roads, which are already used by existing residents and emergency vehicles.
C. The General Plan, as amended, will comprise an integrated, internally consistent and compatible statement of policies for the Town;
a. The Amendments would only allow lot splits under limited narrow circumstances, such as outlying remote rural areas, to facilitate the construction of new single-family residences. In certain areas, dirt roads are part of the rural character and desert environment that is commonly referred to in the General Plan, as follows:
i. In Apple Valley, “rural” means space -- unscarred mountains and vistas of desert valleys, neighborhoods of large lots where keeping horses is allowed, an extensive multi-use trail system, and landscaping consistent with the desert environment. (Page II-3) b. In discussing future direction, the General Plan states that “the Town must work hard to preserve its rural character as it grows.” (Page II-16) D. The purpose statement in the Housing Element states that Apple Valley has traditionally been a residential community with a focus on rural character and quality of life. (Page II-96)
E. The General Plan amendment furthers the public interest and promotes the general welfare of the Town by providing for a logical pattern of land uses and clarifying various land use policies for the Town as stated hereinabove.
F. The proposed General Plan Amendment complies with CEQA for the reasons previously stated hereinabove.
Findings for a Development Code Amendment: The following are the Findings for a Development Code Amendment required under Section 9.06.060 of the Development Code, with a comment to address each:
A. The proposed amendment is consistent with the General Plan. Policy 1.A.3 of the adopted Housing Element requires the periodic review of the Development Code for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations. The Amendments will reduce the cost of housing construction by allowing lot splits to occur on existing dirt roads, which currently provide access to existing houses and emergency vehicles, as well as allowing opportunities for additional housing without expanding the existing street network of dirt roads within the Town.
B. The proposed amendment will not be detrimental to the public health, safety or welfare of the Town or its residents. The lot splits will occur on larger parcels and on existing roads that are currently used by existing residents and emergency vehicles.
FISCAL IMPACT
None
ATTACHMENTS
A. Resolution No. 2023-02
B. Ordinance No. 562
C. Planning Commission Resolution No. 2022-005
RESOLUTION NO. 2023-02
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY, CALIFORNIA, ADOPTING
GENERAL PLAN AMENDMENT NO. 2022-006
ALLOWING LOT SPLITS ON DIRT ROADS IN OUTLYING
RURAL AREAS OF THE TOWN
WHEREAS, The General Plan of the Town of Apple Valley was adopted by the Town Council on August 11, 2009; and
WHEREAS, General Plan Amendment No. 2022-006 is consistent with the General Plan of the Town of Apple Valley; and
WHEREAS, On November 2, 2022, the Planning Commission of the Town of Apple Valley conducted a duly noticed and advertised public hearing, and adopted Planning Commission Resolution No. 2022-005 recommending adoption of this Resolution; and
WHEREAS, on January 24, 2023, the Town Council of the Town of Apple Valley conducted a duly noticed public hearing on General Plan Amendment No. 2022-006, receiving testimony from the public and adopted Resolution No. 2023-02 adopting this Resolution; and
WHEREAS, General Plan Amendment No. 2022-006 are consistent with the Land Use Element goals and policies of the Town’s General Plan and Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley; and WHEREAS, on January 13, 2023, General Plan Amendment No. 2022-006 was duly noticed in the Victor Valley News, a newspaper of general circulation within the Town of Apple Valley; and
WHEREAS, Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED that in consideration of the evidence presented at the public hearing, and for the reasons discussed by the Town Council at said hearing, the Town Council of the Town of Apple Valley, California, finds and determines as follows and the Town Council makes the following findings and take the following actions:
Resolution 2023-02
Section 1. The recitals above are true and correct and are hereby incorporated herein by this reference.
Section 2. Based upon substantial evidence presented to this Council during the above-referenced January 24, 2023 hearings, including public testimony and written and oral staff reports, this Town Council specifically finds that the changes proposed by General Plan Amendment GPA 2022-006 are consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan. The following are the Findings for a General Plan Amendment required under Section 9.02.050(H)(3) of the Development Code, with a comment to address each:
1. The reasons for the recommendation are previously stated hereinabove as well as in the Staff Report.
2. The proposed General Plan Amendment is consistent with the goals, policies and standards of all elements of the General Plan and will further those goals, policies and standards. Policy 1.A.3 of the Housing Element requires the periodic review of the Development Code for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations The Amendments will reduce the cost of housing construction by allowing lot splits to occur on existing dirt roads, which currently provide access to existing houses and emergency vehicles, as well as allowing opportunities for additional housing without expanding the existing street network of dirt roads within the Town. To minimize health and safety consideration, the Amendment will only apply to lot splits fronting on to existing roads, which are already used by existing residents and emergency vehicles.
3. The General Plan, as amended, will comprise an integrated, internally consistent and compatible statement of policies for the Town;
a. The Amendments would only allow lot splits under limited narrow circumstances, such as outlying remote rural areas, to facilitate the construction of new single-family residences. In certain areas, dirt roads are part of the rural character and desert environment that is commonly referred to in the General Plan, as follows:
i. In Apple Valley, “rural” means space -- unscarred mountains and vistas of desert valleys, neighborhoods of large lots where keeping horses is allowed, an extensive multi-use trail system, and landscaping consistent with the desert
environment. (Page II-3)
Resolution 2023-02
ii. In discussing future direction, the General Plan states that “the Town must work hard to preserve its rural character as it grows.” (Page II-16)
iii. The purpose statement in the Housing Element states that Apple Valley has traditionally been a residential community with a focus on rural character and quality of life. (Page II-96)
4. The General Plan amendment furthers the public interest and promotes the general welfare of the Town by providing for a logical pattern of land uses and clarifying various land use policies for the Town as stated hereinabove
5. The proposed General Plan Amendment complies with CEQA for the reasons stated herein below.
Section 3. The Town Council hereby specifically finds that all the facts set forth in this Resolution are true and correct.
Section 4. Compliance with California Environmental Quality Act. This Resolution has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and it has been determined that approval of the Resolution is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that this General Plan Amendment 2022-006 will have a significant effect on the environment. The Town Council concurs with these findings and adopts them as its own.
Section 5. The Land Use Element of the General Plan is hereby amended to read as follows (with bold and underlined language as the new language):
“Program 4.E.5 The Development Code will be amended to allow infill homes, or parcel maps, in existing neighborhoods to match roadway improvements of the two adjacent lots. For example, if the lots adjacent to the infill home do not have curb and gutter, no curb or gutter would be installed at the infill home. The Development Code should identify rural outlying areas by which lots could be lot split on existing dirt roads when consistent with the rural lifestyle.”
Resolution 2023-02
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley, California, this 24th day of January 2023.
Scott Nassif, Mayor
ATTEST:
Ms. La Vonda M. Pearson, Town Clerk
ORDINANCE NO. 562
AN ORDINANCE OF THE TOWN OF APPLE VALLEY,
CALIFORNIA, AMENDING TITLE 9 “DEVELOPMENT
CODE” OF THE TOWN OF APPLE VALLEY MUNICIPAL
CODE, BY AMENDING SECTION 9.71.080 OF THE
DEVELOPMENT CODE TO ALLOW LOT SPLITS IN
OUTLYING RURAL AREAS OF THE TOWN
(DEVELOPMENT CODE AMENDMENT DCA 2022-002)
WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley was adopted by the Town Council on April 27, 2010; and WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, on November 2, 2022, the Planning Commission of the Town of Apple Valley conducted a duly noticed public hearing on Development Code Amendment No. 2022-002, receiving testimony from the public and adopting Planning Commission Resolution No. 2022-005 forwarding a recommendation to the Council; and
WHEREAS, on January 24, 2023, the Town Council of the Town of Apple Valley conducted a duly noticed and advertised public hearings on Development Code Amendment No. 2022-001, receiving testimony from the public.
WHEREAS, Development Code Amendment DCA 2022-002 is consistent with the Land Use Element goals and policies of the Town’s General Plan and Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley; and WHEREAS, on January 13, 2023, Development Code Amendment DCA 2022-002 was duly noticed with a 1/8 page ad in the Victor Valley News, a newspaper of general circulation within the Town of Apple Valley; and
WHEREAS, specific changes are proposed to the Development Code of the Town of Apple Valley Municipal Code by amending Chapter 9.71 “Subdivision Regulations,” Section 9.71.080 pertaining to lot splits; and
WHEREAS, pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, this Development Code Amendment No. 2022-002 is not subject to CEQA [Section 15061(b)(3)]; and
Ordinance No. 562
WHEREAS, all of the findings and conclusions made by the Town of Apple Valley pursuant to this Ordinance are based upon the oral and written evidence before it as a whole.
NOW, THEREFORE, the Town Council of the Town of Apple Valley, State of California, does ordain as follows:
Section 1. The recitals above are true and correct and are hereby incorporated herein by this reference.
Section 2. Based upon substantial evidence presented to this Council during the above-referenced January 24, 2023 hearings, including public testimony and written and oral staff reports, this Town Council specifically finds that the changes proposed by Development Code Amendment No. 2022-002 are consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan. The following are the Findings for a Development Code Amendment required under Section 9.06.060 of the Development Code, with a comment to address each:
1. The proposed amendment is consistent with the General Plan.
Policy 1.A.3 of the adopted Housing Element requires the periodic review of the Development Code for possible
amendments to reduce housing construction costs without sacrificing basic health and safety considerations. The Amendments will reduce the cost of housing construction by allowing lot splits to occur on existing dirt roads, which currently provide access to existing houses and emergency vehicles, as well as allowing opportunities for additional housing without expanding the existing street network of dirt roads within the Town.
2. The proposed amendment will not be detrimental to the public health, safety or welfare of the Town or its residents. The lot splits will occur on larger parcels and on existing roads that are currently used by existing residents and emergency vehicles.
Section 3. Compliance with California Environmental Quality Act. This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and it has been determined that approval of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that Development Code Amendment No. 2022-002 will have a significant effect on the environment. The Town Council concurs with these findings and adopts them as its own.
Section 4. The following language is added to Section 9.71.080 (B)(4) of the Development Code as follows:
Ordinance No. 562
“(B)(4) Exception: A lot split, under this Section, can be accomplished if all the following apply:
a. The lot, prior to the lot split, would need to be a minimum of 2 gross acres or more in lot size, and not more than 10 gross acres. However, the Director shall have the discretion to approve a lot split on a property of 10 gross acres or more if it can be determined that a subdivision as envisioned in the General Plan cannot be feasiblly constructed on the lot due to significant infastructure constraints.
b. The lot would need to be zoned residential or agricultural, and located east of Navajo Road or south of Bear Valley Road. These regulations do not apply to properties zoned Very Low Density Residential (R-VLD), also known as the Apple Valley Dry Lake. The lot shall not be on a road designated on the Circulation Map, also called Street System Map (Exhibit II-6) of the General Plan; and
c. The lot would need to front on to an existing dirt road, which the road is physically existing and graded at least 12 feet wide as of the date of this Ordinance, and the road is legally dedicated or can be dedicated as part of, or in conjunction with the lot split. The lot split would need to demonstrate legal access to the Town’s nearest maintained road; and d. Both physical and legal access must be approved by the Apple Valley Fire District or conditioned to comply with the district’s requirements prior to recordation of the lot split.
e. The property is not within 200 feet of sewer.”
Ordinance No. 562
Section 5. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under Section 36933 of the Government Code of the State of California.
Section 6. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
Section 7. Severability. If any provision of this Ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications and, to this end, the provisions of this Ordinance are declared to be severable.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley, and signed by the Mayor and attested by the Town Clerk this 24th day of January, 2023 Scott Nassif, Mayor
ATTEST:
Ms. La Vonda M. Pearson, Town Clerk
Approved as to form: Approved as to content:
Mr. Thomas Rice, Town Attorney Mr. Douglas B. Robertson, Town Manager
PLANNING COMMISSION RESOLUTION NO. 2022-005
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
APPLE VALLEY, CALIFORNIA, RECOMMENDING THAT THE TOWN
COUNCIL AMEND SECTION 9.71.080 OF THE DEVELOPMENT CODE
TO ALLOW LOT SPLITS IN OUTLYING RURAL AREAS OF THE TOWN (GENERAL PLAN AMENDMENT GPA 2022-006 & DEVELOPMENT
CODE AMENDMENT DCA 2022-002)
WHEREAS, The General Plan of the Town of Apple Valley was adopted by the Town Council on August 11, 2009; and
WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley was adopted by the Town Council on April 27, 2010; and WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Development Code Amendment DCA 2022-004 is consistent with the General Plan and Municipal Code of the Town of Apple Valley; and WHEREAS, On October 19, 2022, General Plan Amendment GPA 2022-006 & Development Code Amendment DCA 2022-002 was duly noticed in the Victor Valley News, a newspaper of general circulation within the Town of Apple Valley; and WHEREAS, Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]; and WHEREAS, On October 19, 2022, the Planning Commission of the Town of Apple Valley advertised public General Plan Amendment GPA 2022-006 & Development Code Amendment DCA 2022-002, conducted a duly noticed public hearing and received testimony from the public, and continued the item to the November 2, 2022 Planning Commission meeting; and
WHEREAS, General Plan Amendment GPA 2022-006 & Development Code Amendment DCA 2022-002 is consistent with the Land Use Element goals and policies of the Town’s General Plan and Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley.
NOW, THEREFORE, BE IT RESOLVED that in consideration of the evidence presented at the public hearing, and for the reasons discussed by the Commissioners at said hearing, the Planning Commission of the Town of Apple Valley, California, finds and determines as follows and recommends that the Town Council make the following findings