Agenda packet — Apple Valley City Council, November 14, 2023 (part 1 of 2)

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, November 14, 2023, 6:30 p.m.

Council Chamber

PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER
THIS MEETING IS BROADCAST LIVE AND VIEWABLE ON FRONTIER CHANNEL 29 OR CHARTER SPECTRUM CHANNEL 186 AND LIVE STREAMED ONLINE AT HTTPS://APPLEVALLEY.TV. EFFECTIVE FEBRUARY 28, 2023, THE STATE OF CALIFORNIA, COVID-19 STATE OF EMERGENCY HAS EXPIRED. THE TOWN OF APPLE VALLEY WILL

CONTINUE TO SUPPORT PUBLIC COMMENTS FOR INDIVIDUALS NOT PHYSICALLY PRESENT AND STILL WISHING TO MAKE PUBLIC COMMENTS. PLEASE EMAIL YOUR COMMENT TO [email protected]. COMMENTS SHOULD BE SUBMITTED BY 12:00 P.M.

ON THE MEETING DATE TO BE INCLUDED IN THE RECORD.

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.

No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of the Town Council/Redevelopment Agency or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.

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 Josh Gerbracht - First Assembly of God, Victorville

2.2 Pledge of Allegiance

2.3 Presentations

2.3.1 Employee of the 3rd Quarter
Employee of the Quarter – Maricel Ramirez, Interim Recreation Coordinator, Park & Recreation Department.

2.3.2 Employee of the 4th Quarter
Employee of the Quarter - Tashina Miniszewski, Sr.

Administrative Assistant, Human Resources Department.

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3. Public Comments

4. Councilmember Committee/Commission/Community Participation 7 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

5. Town Council Announcements

5.1 Suggested items for next Agenda

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - December 12, 2023 - Council Chambers Regular Session at 6:30 p.m.

6. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 6.1-6.7 as recommended.

6.1 APPROVAL OF MINUTES 9
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 OCTOBER 2023 COMMERCIAL WARRANTS AND WIRE TRANSFER

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

6.3 OCTOBER 2023 PAYROLL/BENEFITS WARRANTS SCHEDULE 32
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.

6.4 AWARD A PROFESSIONAL SERVICES AGREEMENT FOR THE
TOWN-WIDE COMPLETE STREETS ACTION PLAN (SS4A)
34 Award a Professional Services Agreement to KTUA for the Town-Wide Complete Streets Action Plan (SS4A) subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6.5 APPROVE THE SEWER LIFT STATION IMPROVEMENT AGREEMENT AND SECURITIES FOR TRACT MAP NO. 17247
91 That the Town Council approve the agreement and securities, subject to approval as to form by the Town Attorney and as to content by the Town Manager, for the sewer lift station improvement yet to be completed. The agreement and securities will remain in effect until this public improvement within Tract Map No. 17247 is complete and eligible for the one-year maintenance period to begin. Per the agreement, the Developer has two years to complete the lift station.

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6.6 ACCEPTANCE OF WORK FOR THE APPLE VALLEY GOLF COURSE

AND COMMUNITY CENTER ACCESSIBILITY PROJECT
93 Accept the work completed by KNC Construction, Inc. as part of the Apple Valley Golf Course and Community Center
Accessibility Project for a total contract cost of $1,606,880.33.

Direct the Town Clerk to file the Notice of Completion for the contracted work.

Direct the Director of Finance to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

6.7 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT 97
Award a contract to Sicilianos Construction Inc. for the Residential Rehabilitation Loan Program H24-02, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

7. Public Hearings

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7.1 THE PLANNING COMMISSION RECOMMENDS THAT THE TOWN

COUNCIL APPROVE AND ADOPT A MITIGATED NEGATIVE

DECLARATION AND A MITIGATION MONITORING AND REPORTING

PROGRAM PURSUANT TO THE CALIFORNIA ENVIROMENTAL

QUALITY ACT AND
106
APPROVE GENERAL PLAN AMENDMENT GPA 2022-007 FROM LOW
DENSITY RESIDENTIAL (R-LD) TO ESTATE RESIDENTIAL ¾ (R-E ¾) AND TO MODIFY POLICY 4.G AND REMOVE POLICY 4.H FROM THE LAND USE ELEMENT, ZONE CHANGE ZC 2022-005 FROM
RESIDENTIAL AGRICULTURE (R-A) TO ESTATE RESIDENTIAL 3/4 (RE-3/4), DEVELOPMENT CODE AMENDMENT DCA 2022-003 TO
MODIFY NOTE 17 FROM TABLE 9.28.040-A (1), DECREASE THE LOT DEPTH STANDARD IN THE RE-3/4 ZONING DISTRICT, AND
TENTATIVE TRACT MAP TTM- 20453 TO SUBDIVIDE 120 ACRES
INTO 99 RESIDENTIAL LOTS LOCATED ON THE NORTHEAST
CORNER OF DEEP CREEK AND DEL ORO ROADS (APN: 0434-042-
32)
Based upon the information contained within this report, and any input received from the public at the hearing, the Planning Commission recommends that the Town Council move to:

Adopt the Mitigated Negative Declaration for GPA 2022-007, ZC 2022-005, DCA 2022-003, and TTM 20453, and associated
Mitigation Monitoring and Reporting Program.

Find that the facts presented in the staff report support the required Findings for approval and adopt the Findings.

Adopt Resolution No. 2023-34 adopting General Plan
Amendment GPA 2022-007.

Move to waive Reading of Ordinance No. 567 in its entirety and read by title only.

Introduce Ordinance No. 567 adopting Development Code
Amendment DCA 2022-003 and Zone Change ZC 2022-005.

Approve Tentative Tract Map TTM 20453, subject to the
attached Conditions of Approval, as amended.

8. Business of the Council

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8.1 PARTICIPATION AGREEMENT FOR RESIDENTIAL SOLAR AND

BATTERY PROGRAM
169
Authorize the Town Manager, acting as Executive Director of Apple Valley Choice Energy, to execute a Program Participation Agreement with Electriq Power, Inc. for the Town to participate in the Sustainable Community Network program and dedicate revenues collected above the required $75,000.00 escrow balance to account 5810-0000-4180 for future clean energy projects.

8.2 VACANCY ON THE HISTORICAL ADVISORY COMMITTEE 202
Council Member Bishop to nominate and Town Council to appoint:
____________ to the Town of Apple Valley Historical Advisory Committee.

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:

12. Adjournment
Recommended Motion:

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

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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)

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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.

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Town Council Agenda Report
Date: November 14, 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 October 24, 2023

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Apple Valley Town Council

MINUTES
October 24, 2023, 6:30 p.m.

Council Chamber
Members Present: Mayor Scott Nassif
Mayor Pro Tem Larry Cusack
Council Member Art Bishop
Council Member Kari Leon
Members Absent: Council Member Curt Emick
_____________________________________________________________________

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
Pastor Johnny Lewis - Grace Christian Community Church Apple Valley.

2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Mayor Pro-Tem Cusack.

2.3 Presentations

2.3.1 Happy Trails Parade Awards Ceremony - PBID Representative.

3. Public Comments
Veronica Golub, Apple Valley, commented on her concerns with the Adopt-a-Pet site, and the Apple Valley Animal Shelters euthanasia policy.

Al Vogler, Apple Valley, spoke on the conditions of Deep Creek Rd, which is impacted by a storage yard in the unincorporated area of Apple Valley. Mr. Vogler also spoke on the development on Del Oro and Deep Creek Rd, and some of the his concerns.

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Apple Valley Town Council Meeting of October 24, 2023
2 4. Councilmember Committee/Commission/Community Participation Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

Council Member Bishop 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

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - November 14, 2023 - Council Chambers Regular Session at 6:30 p.m.

6. Town Council Consent Agenda
Motion by: Council Member Bishop
Seconded by: Council Member Leon
To approve the Consent Calendar items numbered 6.1-6.5 as recommended.

Yes (4): Mayor Nassif, Mayor Pro Tem Cusack, Council Member Bishop, and Council Member Leon
Absent (1): Council Member Emick
Carried (4 to 0)

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

6.2 ACCEPTANCE OF WORK FOR THE MICROSURFACE 2023 PROJECT

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Apple Valley Town Council Meeting of October 24, 2023
3 A. Accept the work completed by VSS International as part of the Microsurface 2023 project for a total contract cost of $480,402.00.

B. Direct the Town Clerk to file the Notice of Completion for the contracted work.

C. Direct the Director of Finance to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

6.3 RETITLE OPERATING ACCOUNT
Retitle bank operating account from "Apple Valley Community Resourses Foundation" to "Town of Apple Valley" to streamline the banking process

6.4 BUDGET AMENDMENT AND APPROVAL OF SECOND AMENDMENT

FOR GOVINVEST LIVE COMPENSATION MODULE
Approve Second Amendment to the SaaS Licensing Agreement dated April 28, 2020, by and between the Town of Apple Valley and GovInvest, Inc., to include a Live Compensation Module, and authorize staff to amend the budget to cover the $27,500 service fee.

6.5 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT
Award a contract to Diamond Construction, for the Residential Rehabilitation Loan Program applicant H24-01, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

7. Public Hearings

7.1 The Planning Commission recommends that the Town Council approve and adopt a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act and
approve General Plan Amendment GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential ¾ (R-E ¾) and to modify Policy 4.G and remove Policy 4.H from the Land Use Element, Zone Change ZC 2022-005 from Residential Agriculture (R-A) to Estate Residential 3/4 (RE-3/4), Development Code Amendment DCA 2022- 003 to modify Note 17 from Table 9.28.040-A (1), decrease the lot depth standard in the RE-3/4 zoning district, and Tentative Tract Map TTM- 20453 to subdivide 120 acres into 99 residential lots located on

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Apple Valley Town Council Meeting of October 24, 2023
4 the northeast corner of Deep Creek and Del Oro Roads (APN: 0434- 042-32)
Based upon the information contained within this report, and any input received from the public at the hearing, the Planning Commission recommends that the Town Council move to:

A. Adopt the Mitigated Negative Declaration for GPA 2022-007, ZC 2022-005, DCA 2022-003, and TTM 20453, and associated
Mitigation Monitoring and Reporting Program.

B. Find that the facts presented in the staff report support the required Findings for approval and adopt the Findings.

C. Adopt Resolution No. 2023-34 adopting General Plan Amendment GPA 2022-007.

D. Move to waive Reading of Ordinance No. 567 in its entirety and read by title only.

E. Introduce Ordinance No. 567 adopting Development Code Amendment DCA 2022-003 and Zone Change ZC 2022-005.

F. Approve Tentative Tract Map TTM 20453, subject to the attached Conditions of Approval, as amended.

Mayor Pro-Tem Cusack Recused himself from the dais.

Mayor Nassif opened the Public Hearing at 7:16 p.m.

Daniel Alcayaga, Planning Manager, informed the Town Council that the developer has asked for a continuance to a date certain of November 14, 2023.

Motion by: Council Member Leon
Seconded by: Council Member Bishop
To continue the item to a date certain of November 14, 2023 Yes (3): Mayor Nassif, Council Member Bishop, and Council Member Leon
Abstained (1): Mayor Pro Tem Cusack
Absent (1): Council Member Emick

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Apple Valley Town Council Meeting of October 24, 2023
5 Carried (3 to 0)

8. Business of the Council

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Assistant Town Manager Orlando Acevedo commented on the success of the 16th annual Paws and Claws Animal Services event held at civic center park on October 21, 2023, and upcoming events in the Town of Apple Valley.

11. Closed Session

12. Adjournment
Motion by: Council Member Bishop
Seconded by: Mayor Pro Tem Cusack
To adjourn the meeting of the Apple Valley Town Council in honor of Apple Valley's first Mayor Nick Deprisco at 7:32 p.m.

Carried
_______________________
Mayor, Scott Nassif
______________________________
Assistant Town Clerk, Kiel Mangerino

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Town Council Agenda Report
Date: November 14, 2023
To: Honorable Mayor and Town Council
Subject: OCTOBER 2023 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES

From: Douglas Robertson, Town Manager
Submitted by: Margaret DeMauro, Finance Manager
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. The list of commercial warrants and wire transfers is now being presented to Council for approval.

SUMMARY
Commercial warrants were issued from October 1 through October 31, 2023 in the amount of $3,247,801.31 covering issued warrant #’s 163927 – 164395. Also, wire transfers were made from October 1 through October 31, 2023 in the amount of $0.

The claims and/or demands covered by the attached list of warrants and wire transfers were audited as to the accuracy and availability of funds for payment thereof and said claims and/or demands are accurate, and the funds were available for payment thereof.

FISCAL IMPACT
468 Commercial Warrants were issued in the amount of $3,247,801.31 0 Wire Transfer payments were issued in the amount of $0

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ATTACHMENTS
A. October Commerical Warrants

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Check # Date Vendor Description Check Total
163927 10/03/2023 013956 SOUTHERN CALIFORNIA EDISON JUNE 2023 POWER VA SALES 48,574.98 163928 10/04/2023 011342 SOUTHLAND WATER TECHNOLOGIES AD3-1 20 FOOT LOW LOSS ANTENNA CABLE 243.81 163929 10/05/2023 008201 ABF PRINTS, INC. POSTCARDS 876.37 163930 10/05/2023 021342 AMAZON CAPITAL SERVICES CASE FOR GROUNDS MAINTENANCE ON

CALL PHONE

14.92 163931 10/05/2023 001864 APPLE VALLEY TIRE SOLIDWASTE TRUCK 710.12 163932 10/05/2023 001369 BOOT BARN, INC. ARTURO TRUJILLO - BOOTS 200.00 163933 10/05/2023 026299 BRIGHTVIEW LANDSCAPE SERVICES L-10 MAINLINE REPAIRS 634.37 163934 10/05/2023 001247 MICHAEL CADY RETIREE REIMBURSEMENT 277.55 163935 10/05/2023 000914 CAPITAL ONE OFFICE SUPPLIES FOR RECREATION 205.42 163936 10/05/2023 016702 CAT TRACKING, INC GROUNDS MAINTENANCE 3,140.00 163937 10/05/2023 000777 COUNTY OF SAN BERNARDINO SOLID WASTE 169,803.75 163938 10/05/2023 000330 DENNIS CRON RETIREE REIMBURSEMENT 375.20 163939 10/05/2023 022495 PAMELA CUPP RETIREE REIMBURSEMENT 1,008.17 163940 10/05/2023 002842 DOKKEN ENGINEERING BEAR VALLEY BRIDGE 19,742.08 163941 10/05/2023 000403 E-Z GO DIV. OF TEXTRON CARTS LEASE 1,616.25 163942 10/05/2023 000679 G.A. OSBORNE PIPE & SUPPLY IRRIGATION SUPPLIES FOR GROUNDS 108.01 163943 10/05/2023 000480 HI DESERT TROPHY & AWARDS LLC CERTIFICATE PLAQUE 1,409.40 163944 10/05/2023 VOIDED VOIDED 0.00
163945 10/05/2023 000524 INLAND FAIR HOUSING & CDBG FAIR HOUSING SERVICES, MONTH OF 1,562.37 163946 10/05/2023 000009 KAREN KELLEY RETIREE REIMBURSEMENT 494.61 163947 10/05/2023 022403 LORI LAMSON RETIREE REIMBURSEMENT 1,109.80 163948 10/05/2023 028653 LAS BRISAS RESTAURANT EBAP GRANT- LAS BRISAS PAYROLL 50,000.00 163949 10/05/2023 016069 LEAD TECH ENVIRONMENTAL SECONDARY ABESTOS TESTING FOR THOMAS
1,427.00
163950 10/05/2023 005351 LOWE'S (LAR) KEY FOR LIFTSTATIONS 316.55 163951 10/05/2023 001708 KENNETH MARTIN RETIREE REIMBURSEMENT 203.29 163952 10/05/2023 002622 TOM MCKEON RETIREE RIEMBURSEMENT 158.37 163953 10/05/2023 020574 CAROL MILLER RETIREE REIMBUSEMENT 495.10 163954 10/05/2023 001499 LANCE MILLER RETIREE REIMBURSEMENT 129.81 163955 10/05/2023 006275 MOJAVE DESERT & MOUNTAIN JULY 2023 58,099.44 163956 10/05/2023 000637 MOJAVE PRINTING SOLUTIONS POLICE RESPONSE CARDS 332.84 Town of Apple Valley
Commercial Warrants
Month of October 2023

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Town of Apple Valley
Commercial Warrants
Month of October 2023
163957 10/05/2023 007007 MICHAEL MOLINARI RETIREE REIMBURSEMENT 621.19 163958 10/05/2023 024922 OUTWEST GOURMET LLC RESALE FOOD ITEMS FOR GOLF COURSE 490.00 163959 10/05/2023 000710 PRECISION LOCK & SAFE DUPLICATE KEYS FOR GROUNDS 75.43 163960 10/05/2023 008771 PRUDENTIAL OVERALL SUPPLY UNIFORMS FOR GROUNDS 299.75 163961 10/05/2023 003648 ROBERT LAWRENCE GENERAL CONT. DEMO 20683 WAALEW 28,268.00 163962 10/05/2023 011479 ROW TRAFFIC SAFETY, INC STICKERS 71.12 163963 10/05/2023 000782 SAN BERNARDINO COUNTY NPDES FEES 95,908.00 163964 10/05/2023 022048 DAWN SIMMONS RETIREE REIMBURSEMENT 522.66 163965 10/05/2023 014002 SITEONE LANDSCAPE SUPPLY LLC GROUNDS IRRIGATION SUPPLIES 904.87 163966 10/05/2023 000814 KEVIN SMITH RETIREE REIMBURSEMENT 361.16 163967 10/05/2023 010275 SPARKLETTS WATER 80.12
163968 10/05/2023 022267 DIANNE SULZBERGER RETIREE REIMBURSEMENT 494.61 163969 10/05/2023 011950 THE TREE PROS TREE TRIM SERVICE AT JAMES WOODY PARK 1,200.00 163970 10/05/2023 001278 VULCAN MATERIALS MIX 789.95
163971 10/05/2023 000923 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR GROUNDS 3,352.90 163972 10/05/2023 019134 DARRYL WRIGHT RETIREE REIMBURSEMENT 684.03 163973 10/11/2023 000087 COUNTY OF SAN BERNARDINO TRASH & SEWER LIENS 260.00 163974 10/11/2023 020198 RONAK DESAI SEPTEMBER SERVICES 4,830.00 163975 10/11/2023 000387 EDISON COMPANY 8/11/23-9/11/23 9,627.12 163976 10/11/2023 000082 GARDA CL WEST, INC OCTOBER SERVICE 1,165.75 163977 10/11/2023 000822 GOLDEN STATE WATER COMPANY 8/28/23-9/26/23 5,824.15 163978 10/11/2023 004935 HDL SOFTWARE LLC JULY SERVICES 329.04 163979 10/11/2023 000507 HOME DEPOT LATE FEES AND FIN. CHARGES 93.49 163980 10/11/2023 000168 LIBERTY UTILITIES CA 7/22/23-9/21/23 15,436.97 163981 10/11/2023 VOIDED VOIDED 0.00
163982 10/11/2023 023410 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 144.10 163983 10/11/2023 002855 U.S. BANK CORP. PMT SYSTEM SEPTEMBER CALCARD 46,455.20 163984 10/11/2023 000878 U.S. POSTMASTER BULK MAIL PERMIT 85 10,000.00 163985 10/11/2023 000909 VOYAGER SEPTEMBER FUEL 25,157.37 163986 10/11/2023 003789 WILLDAN FINANCIAL SERVICES SEWER RATE STUDY 740.00 163987 10/11/2023 NEM CASH OUT NEM CASH OUT 458.42
163988 10/11/2023 NEM CASH OUT NEM CASH OUT 34.14
163989 10/11/2023 NEM CASH OUT NEM CASH OUT 8.22
163990 10/11/2023 NEM CASH OUT NEM CASH OUT 63.24

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Town of Apple Valley
Commercial Warrants
Month of October 2023
163991 10/11/2023 NEM CASH OUT NEM CASH OUT 116.69
163992 10/11/2023 NEM CASH OUT NEM CASH OUT 13.85
163993 10/11/2023 NEM CASH OUT NEM CASH OUT 107.93
163994 10/11/2023 NEM CASH OUT NEM CASH OUT 116.95
163995 10/11/2023 VOIDED VOIDED 0.00
163996 10/11/2023 NEM CASH OUT NEM CASH OUT 211.64
163997 10/11/2023 NEM CASH OUT NEM CASH OUT 18.95
163998 10/11/2023 NEM CASH OUT NEM CASH OUT 11.30
163999 10/11/2023 NEM CASH OUT NEM CASH OUT 68.92
164000 10/11/2023 NEM CASH OUT NEM CASH OUT 18.82
164001 10/11/2023 NEM CASH OUT NEM CASH OUT 29.34
164002 10/11/2023 NEM CASH OUT NEM CASH OUT 20.26
164003 10/11/2023 NEM CASH OUT NEM CASH OUT 16.67
164004 10/11/2023 NEM CASH OUT NEM CASH OUT 39.89
164005 10/11/2023 NEM CASH OUT NEM CASH OUT 300.63
164006 10/11/2023 NEM CASH OUT NEM CASH OUT 63.98
164007 10/11/2023 NEM CASH OUT NEM CASH OUT 117.79
164008 10/11/2023 NEM CASH OUT NEM CASH OUT 10.87
164009 10/11/2023 NEM CASH OUT NEM CASH OUT 130.56
164010 10/11/2023 NEM CASH OUT NEM CASH OUT 88.28
164011 10/11/2023 NEM CASH OUT NEM CASH OUT 75.11
164012 10/11/2023 NEM CASH OUT NEM CASH OUT 3.42
164013 10/11/2023 NEM CASH OUT NEM CASH OUT 43.44
164014 10/11/2023 NEM CASH OUT NEM CASH OUT 111.82
164015 10/11/2023 NEM CASH OUT NEM CASH OUT 72.98
164016 10/11/2023 NEM CASH OUT NEM CASH OUT 47.69
164017 10/11/2023 NEM CASH OUT NEM CASH OUT 7.41
164018 10/11/2023 NEM CASH OUT NEM CASH OUT 792.73
164019 10/11/2023 NEM CASH OUT NEM CASH OUT 6.83
164020 10/11/2023 NEM CASH OUT NEM CASH OUT 91.12
164021 10/11/2023 NEM CASH OUT NEM CASH OUT 5.27
164022 10/11/2023 NEM CASH OUT NEM CASH OUT 143.61
164023 10/11/2023 NEM CASH OUT NEM CASH OUT 62.80
164024 10/11/2023 NEM CASH OUT NEM CASH OUT 147.57
164025 10/11/2023 NEM CASH OUT NEM CASH OUT 11.86

Page 19 of 202 ends

Town of Apple Valley
Commercial Warrants
Month of October 2023
164026 10/11/2023 NEM CASH OUT NEM CASH OUT 220.60
164027 10/11/2023 NEM CASH OUT NEM CASH OUT 126.55
164028 10/11/2023 NEM CASH OUT NEM CASH OUT 44.17
164029 10/11/2023 NEM CASH OUT NEM CASH OUT 154.77
164030 10/11/2023 NEM CASH OUT NEM CASH OUT 44.63
164031 10/11/2023 NEM CASH OUT NEM CASH OUT 233.47
164032 10/11/2023 NEM CASH OUT NEM CASH OUT 60.56
164033 10/11/2023 NEM CASH OUT NEM CASH OUT 97.34
164034 10/11/2023 NEM CASH OUT NEM CASH OUT 230.61
164035 10/11/2023 NEM CASH OUT NEM CASH OUT 178.39
164036 10/11/2023 TRASH REFUND TRASH REFUND 210.66
164037 10/11/2023 TRASH REFUND TRASH REFUND 21.39
164038 10/11/2023 TRASH REFUND TRASH REFUND 38.27
164039 10/11/2023 TRASH REFUND TRASH REFUND 17.14
164040 10/11/2023 TRASH REFUND TRASH REFUND 29.56
164041 10/11/2023 TRASH REFUND TRASH REFUND 37.14
164042 10/11/2023 TRASH REFUND TRASH REFUND 42.68
164043 10/11/2023 TRASH REFUND TRASH REFUND 168.45
164044 10/11/2023 TRASH REFUND TRASH REFUND 15.76
164045 10/11/2023 TRASH REFUND TRASH REFUND 27.19
164046 10/11/2023 TRASH REFUND TRASH REFUND 44.91
164047 10/11/2023 TRASH REFUND TRASH REFUND 34.52
164048 10/11/2023 TRASH REFUND TRASH REFUND 69.76
164049 10/11/2023 TRASH REFUND TRASH REFUND 31.52
164050 10/11/2023 TRASH REFUND TRASH REFUND 71.09
164051 10/11/2023 TRASH REFUND TRASH REFUND 79.90
164052 10/11/2023 TRASH REFUND TRASH REFUND 24.88
164053 10/11/2023 TRASH REFUND TRASH REFUND 39.03
164054 10/11/2023 TRASH REFUND TRASH REFUND 159.96
164055 10/11/2023 TRASH REFUND TRASH REFUND 70.48
164056 10/11/2023 TRASH REFUND TRASH REFUND 25.83
164057 10/11/2023 TRASH REFUND TRASH REFUND 400.20
164058 10/11/2023 TRASH REFUND TRASH REFUND 32.64
164059 10/11/2023 TRASH REFUND TRASH REFUND 50.67
164060 10/11/2023 TRASH REFUND TRASH REFUND 87.86

Page 20 of 202 ends

Town of Apple Valley
Commercial Warrants
Month of October 2023
164061 10/11/2023 TRASH REFUND TRASH REFUND 43.80
164062 10/11/2023 TRASH REFUND TRASH REFUND 36.02
164063 10/11/2023 TRASH REFUND TRASH REFUND 16.75
164064 10/11/2023 TRASH REFUND TRASH REFUND 25.46
164065 10/11/2023 TRASH REFUND TRASH REFUND 80.37
164066 10/11/2023 TRASH REFUND TRASH REFUND 199.23
164067 10/11/2023 TRASH REFUND TRASH REFUND 62.48
164068 10/11/2023 TRASH REFUND TRASH REFUND 71.12
164069 10/11/2023 TRASH REFUND TRASH REFUND 55.81
164070 10/11/2023 TRASH REFUND TRASH REFUND 37.15
164071 10/11/2023 TRASH REFUND TRASH REFUND 82.21
164072 10/11/2023 TRASH REFUND TRASH REFUND 49.62
164073 10/11/2023 TRASH REFUND TRASH REFUND 273.18
164074 10/11/2023 TRASH REFUND TRASH REFUND 29.27
164075 10/11/2023 TRASH REFUND TRASH REFUND 46.07
164076 10/11/2023 TRASH REFUND TRASH REFUND 52.66
164077 10/11/2023 TRASH REFUND TRASH REFUND 20.55
164078 10/11/2023 TRASH REFUND TRASH REFUND 187.84
164079 10/11/2023 TRASH REFUND TRASH REFUND 26.95
164080 10/11/2023 TRASH REFUND TRASH REFUND 274.59
164081 10/11/2023 TRASH REFUND TRASH REFUND 48.10
164082 10/11/2023 TRASH REFUND TRASH REFUND 25.91
164083 10/11/2023 TRASH REFUND TRASH REFUND 87.13
164084 10/11/2023 TRASH REFUND TRASH REFUND 41.11
164085 10/11/2023 TRASH REFUND TRASH REFUND 35.46
164086 10/11/2023 TRASH REFUND TRASH REFUND 21.93
164087 10/11/2023 TRASH REFUND TRASH REFUND 74.29
164088 10/11/2023 TRASH REFUND TRASH REFUND 6.92
164089 10/11/2023 TRASH REFUND TRASH REFUND 14.38
164090 10/11/2023 TRASH REFUND TRASH REFUND 7.61
164091 10/11/2023 TRASH REFUND TRASH REFUND 112.83
164092 10/11/2023 TRASH REFUND TRASH REFUND 28.85
164093 10/11/2023 TRASH REFUND TRASH REFUND 69.35
164094 10/11/2023 TRASH REFUND TRASH REFUND 22.51
164095 10/11/2023 TRASH REFUND TRASH REFUND 75.83

Page 21 of 202 ends

Town of Apple Valley
Commercial Warrants
Month of October 2023
164096 10/11/2023 TRASH REFUND TRASH REFUND 71.10
164097 10/11/2023 TRASH REFUND TRASH REFUND 133.58
164098 10/11/2023 TRASH REFUND TRASH REFUND 7.43
164099 10/11/2023 TRASH REFUND TRASH REFUND 91.97
164100 10/11/2023 TRASH REFUND TRASH REFUND 53.20
164101 10/11/2023 TRASH REFUND TRASH REFUND 147.02
164102 10/11/2023 TRASH REFUND TRASH REFUND 124.14
164103 10/11/2023 TRASH REFUND TRASH REFUND 118.94
164104 10/11/2023 TRASH REFUND TRASH REFUND 44.76
164105 10/11/2023 TRASH REFUND TRASH REFUND 108.91
164106 10/11/2023 TRASH REFUND TRASH REFUND 129.62
164107 10/11/2023 TRASH REFUND TRASH REFUND 108.97
164108 10/11/2023 TRASH REFUND TRASH REFUND 108.33
164109 10/11/2023 TRASH REFUND TRASH REFUND 48.54
164110 10/11/2023 TRASH REFUND TRASH REFUND 86.61
164111 10/11/2023 TRASH REFUND TRASH REFUND 68.87
164112 10/11/2023 TRASH REFUND TRASH REFUND 110.03
164113 10/11/2023 TRASH REFUND TRASH REFUND 40.05
164114 10/11/2023 TRASH REFUND TRASH REFUND 94.17
164115 10/11/2023 TRASH REFUND TRASH REFUND 74.28
164116 10/11/2023 TRASH REFUND TRASH REFUND 42.84
164117 10/11/2023 TRASH REFUND TRASH REFUND 10.82
164118 10/11/2023 TRASH REFUND TRASH REFUND 28.99
164119 10/11/2023 TRASH REFUND TRASH REFUND 64.50
164120 10/11/2023 TRASH REFUND TRASH REFUND 83.82
164121 10/11/2023 TRASH REFUND TRASH REFUND 215.88
164122 10/11/2023 TRASH REFUND TRASH REFUND 107.12
164123 10/11/2023 TRASH REFUND TRASH REFUND 57.41
164124 10/11/2023 TRASH REFUND TRASH REFUND 42.09
164125 10/11/2023 TRASH REFUND TRASH REFUND 74.10
164126 10/11/2023 TRASH REFUND TRASH REFUND 188.82
164127 10/11/2023 TRASH REFUND TRASH REFUND 0.00
164128 10/11/2023 TRASH REFUND TRASH REFUND 82.76
164129 10/11/2023 TRASH REFUND TRASH REFUND 17.35
164130 10/11/2023 TRASH REFUND TRASH REFUND 56.13

Page 22 of 202 ends

Town of Apple Valley
Commercial Warrants
Month of October 2023
164131 10/11/2023 TRASH REFUND TRASH REFUND 84.98
164132 10/11/2023 TRASH REFUND TRASH REFUND 134.73
164133 10/11/2023 TRASH REFUND TRASH REFUND 95.68
164134 10/11/2023 TRASH REFUND TRASH REFUND 115.40
164135 10/11/2023 TRASH REFUND TRASH REFUND 600.90
164136 10/11/2023 TRASH REFUND TRASH REFUND 13.06
164137 10/11/2023 TRASH REFUND TRASH REFUND 331.63
164138 10/11/2023 TRASH REFUND TRASH REFUND 89.41
164139 10/11/2023 TRASH REFUND TRASH REFUND 15.76
164140 10/11/2023 TRASH REFUND TRASH REFUND 38.45
164141 10/11/2023 TRASH REFUND TRASH REFUND 43.60
164142 10/11/2023 TRASH REFUND TRASH REFUND 35.77
164143 10/11/2023 TRASH REFUND TRASH REFUND 66.46
164144 10/11/2023 007673 MYONLINEBILL.COM JULY SERVICES 9,370.16 164145 10/12/2023 007796 360 FREESTYLE GYMNASTICS INSTRUCTOR PAYMENT FOR SEPT 23'

GYMASTICS
365.40
164146 10/12/2023 000096 ADSCOT PEST CONTROL INC. PEST CONTROL FOR PUBLIC WORKS 375.00 164147 10/12/2023 000102 ALBERTSONS LLC HOT SHOTS 293.55 164148 10/12/2023 002980 ALL GOOD DRIVING SCHOOL, INC. INSTRUCTOR PAYMENT FOR SEPT 23'

DRIVERS ED CLASSES

53.20 164149 10/12/2023 000378 ALLIANT INSURANCE SERVICES INC QUARTER 3 JULY 1 TO SEPT 30 INSURANCE

PREMIUMS FOR SPECIAL EVENTS
3,277.00
164150 10/12/2023 021342 AMAZON CAPITAL SERVICES 79 SWEEPER PARTS 436.54 164151 10/12/2023 000140 ANIMAL CARE HOSPITAL S/N 425.00 164152 10/12/2023 000143 APPLE VALLEY ANIMAL HOSPITAL S/N 70.00 164153 10/12/2023 000154 APPLE VALLEY COMMUNICATION INC AV COM - SERVICE CALL - REVISED 174.82 164154 10/12/2023 001017 APPLE VALLEY FEED BIN CAT FOOD 156.20 164155 10/12/2023 002623 APPLE VALLEY LAWNMOWER SMALL TOOLS FOR GROUNDS DEPT. 186.33 164156 10/12/2023 022592 APPLE VALLEY PORTABLES NORM SCHMIDT PORTA POT 4,350.04 164157 10/12/2023 001864 APPLE VALLEY TIRE #99 1 TIRE 1,098.53 164158 10/12/2023 020949 ADRIANA ATTEBERRY PETTY CASH 91.06 164159 10/12/2023 000150 AVCOM SERVICES INC. AV COM - QUARTERLY ALARM MONITORING - AMC
2,425.80
164160 10/12/2023 000193 RICHARD BATTISTA 1ST HALF OF OCT 3,078.30 164161 10/12/2023 002298 BEAR VALLEY ANIMAL HOSPITAL MEDICAL TREATMENT 4,648.25

Page 23 of 202 ends

Town of Apple Valley
Commercial Warrants
Month of October 2023
164162 10/12/2023 003649 BECK OIL INC. FUEL FOR GROUNDS 500.51 164163 10/12/2023 026299 BRIGHTVIEW LANDSCAPE SERVICES L-10 MAINLINE REPAIRS 20,634.29 164164 10/12/2023 016864 DON BURNELL INSTRUCTOR PAYMENT FOR SEPT 23' IRON

TIGER CUBS /DOSHIN CLASSES

30.10 164165 10/12/2023 021350 BURRTEC WASTE IND, INC. GREEN WASTE 40,144.88 164166 10/12/2023 024623 CAL-STATE AUTO PARTS INC VEHICLE MAINT. 42.76 164167 10/12/2023 000914 CAPITAL ONE DAY CAMP 762.17
164168 10/12/2023 003378 MARY ANNE CARROLL INSTRUCTOR PAYMENT FOR SEPT. 23' YOGA FIT
504.00
164169 10/12/2023 000087 COUNTY OF SAN BERNARDINO COUNTY RECORDING 240.00 164170 10/12/2023 001216 COUNTY OF SAN BERNARDINO- ISD DEPARTMENT RADIOS 3,107.64 164171 10/12/2023 021685 LINDY DAUGHERTY MEETING REIMBURSEMENT 41.20 164172 10/12/2023 001628 DELL MARKETING L.P. MICROSOFT 365 EA 80,675.66 164173 10/12/2023 000368 DESERT VALLEY MEDICAL GROUP PRE-EMPLOYMENT PHYSICALS 1,316.00 164174 10/12/2023 020426 DR. JAIME VELASCO VET CONTRACT 900.00 164175 10/12/2023 024468 DEBRA ESQUIBEL INSTRUCTOR PAYMENT FOR SEPT 23'

FITNESS TRAINING
366.58
164176 10/12/2023 004734 FAUST MEDIA SERVICES LISTENING SESSION SHIRTS AND BANNER 1,144.93 164177 10/12/2023 000897 FRONTIER COMMUNICATIONS FRONTIER - OCT 2,951.83 164178 10/12/2023 000679 G.A. OSBORNE PIPE & SUPPLY IRRIGATION SUPPLIES FOR GROUNDS 1,108.91 164179 10/12/2023 002510 NEIL GARCIA INSTRUCTOR PAYMENT FOR SEPT. 23'

GUITAR LESSONS
456.00
164180 10/12/2023 021810 GREINES, MARTIN, STEIN ***** 1,067.00 164181 10/12/2023 003466 GROOVELABS LLC 2023 PET FAIR SOUND 2,192.00 164182 10/12/2023 001558 HAAKER EQUIPMENT CO PIRAHNA 1"X800' HOSE 2,586.00 164183 10/12/2023 023335 HOME DEPOT CREDIT SEVICES BOLTS, NUTS AND WASHERS FOR JAMES

WOODY MAINTENANCE

16.38 164184 10/12/2023 000977 IDEXX DISTRIBUTION, INC MEDS 680.98 164185 10/12/2023 012832 INTERVET, INC. MICROCHIPS 1,346.88 164186 10/12/2023 007034 KONICA MINOLTA KONICA - FLEET - SEPT 6,051.88 164187 10/12/2023 006565 KONICA MINOLTA BUSINESS KONICA - C4080 USAGE - SEPT 120.22 164188 10/12/2023 021345 KONICA MINOLTA PREMIER FINANCE KONICA - C4080 BASE - SEPT 916.96 164189 10/12/2023 017772 LAW OFFICES OF KATHY M GANDARA ***** 29,315.04 164190 10/12/2023 020577 LEE & RO, INC. JESS RANCH LIFT STATION FEASIBILITY AND

DESIGN PROJECT
5,825.87

Page 24 of 202 ends

Town of Apple Valley
Commercial Warrants
Month of October 2023
164191 10/12/2023 028745 LONE WOLF COLONY INC LONE WOLF COLONY FALL SPONSORSHIP 250.00 164192 10/12/2023 014121 LYNNPRO LIFEGUARD HOODIES/TSHIRTS 522.60 164193 10/12/2023 024520 AMANDA MALONE AMANDA MALONE APA TRAVEL REIMB 185.67 164194 10/12/2023 020555 MERRELL JOHNSON COMPANIES HEADQUARTERS DRIVE SEWER

IMPROVEMENTS DESIGN
2,216.00
164195 10/12/2023 002455 MOBILE OCCUPATIONAL SERVICES ANNUAL QUERY 120.00 164196 10/12/2023 000634 BILL MOCHARNUK INSTRUCTOR PAYMENT FOR SEPT. 23'

TENNIS LESSONS
519.40
164197 10/12/2023 006275 MOJAVE DESERT & MOUNTAIN QUARTERLY 17,817.00 164198 10/12/2023 REFUND OVER PAYMENT REFUND OVER PAYMENT 29.25 164199 10/12/2023 018836 MARIA MURO INSTRUCTOR PAYMENT FOR SEPT. 23' ZUMBA

AND ZUMBA TONING
1,038.31
164200 10/12/2023 010385 MELANIE MYERS CORRECTION ON INSTRUCTOR PAYMENT FOR AUGUST 23' ACTING CLASSES
1,401.60
164201 10/12/2023 000654 NAPA TUBING 183.44
164202 10/12/2023 011959 NIEMELA PAPPAS & ASSOCIATES LOBBYING SERVICES 12,000.00 164203 10/12/2023 023410 ODP BUSINESS SOLUTIONS, LLC DSB WORK CENTER OFFICE SUPPLIES 309.90 164204 10/12/2023 021425 HAILEY RICHLING INSTRUCTOR PAYMENT FOR SEPT. 23' TAP

AND BALLET CLASSES
1,281.72
164205 10/12/2023 011479 ROW TRAFFIC SAFETY, INC STREET NAMES SIGNS 1,278.03 164206 10/12/2023 012491 SCMAF SCMAF CLASS INSURANCE FOR SEPTEMBER 2023
310.00
164207 10/12/2023 015313 SILVER VALLEY PROPANE FORKLIFT PROPANE 81.69 164208 10/12/2023 000846 STILES ANIMAL REMOVAL, INC. DISPOSAL SERVICES 5,490.00 164209 10/12/2023 001475 SHARI TAYLOR INSTRUCTOR PAYMENT FOR SEPT 23' BATON

CLASSES
187.20
164210 10/12/2023 009943 TSR CONSTRUCTION & INSPECTION SIDEWALK AND BUS PAD REPAIRS - ESAWS ROAD
14,470.00
164211 10/12/2023 003478 TURF STAR INC. TORO MOWER MAINTENANCE FOR GOLF COURSE
341.91
164212 10/12/2023 016133 TYLER TECHNOLOGIES INC TYLER ERP UPGRADE 740.00 164213 10/12/2023 000876 TYPE-SET-GO PRINTING ORDER 897.56 164214 10/12/2023 000884 UNDERGROUND SERVICE ALERT- SEPTEMBER DIG TICKETS 232.25 164215 10/12/2023 002217 UNITED ROTARY BRUSH CORP. SWEEPER BROOMS 1,309.71

Page 25 of 202 ends

Town of Apple Valley
Commercial Warrants
Month of October 2023
164216 10/12/2023 000890 CHRIS URMSTON INSTRUCTOR PAYMENT FOR SEPT. 23' TAI CHI
140.40
164217 10/12/2023 000893 V.V.W.R.A. FINAL SEWER PERMITS - SEPTEMBER 2023 6,784.55 164218 10/12/2023 016981 JONATHON VASQUEZ INSTRUCTOR PAYMENT FOR SEPT. 23'

GRACIE JIU JITSU CLASSES
237.30
164219 10/12/2023 025101 VETERAN SECURITY INC ******* 3,765.00 164220 10/12/2023 001278 VULCAN MATERIALS MIX 764.34
164221 10/12/2023 000923 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES 1,299.43 164222 10/12/2023 000199 B B & K GTS COLD STORAGE PROJECT 40,943.32 164223 10/12/2023 028292 AMBER D DARLING TRAVEL ADVANCE 280.00 164224 10/12/2023 000387 EDISON COMPANY 09/05/23-10/03/23 6,481.34 164225 10/12/2023 028744 DENNIS GILMORE PD KEYS 45.00
164226 10/12/2023 022403 LORI LAMSON BANK FEE FOR WIRE TRANSFER 15.00 164227 10/12/2023 000168 LIBERTY UTILITIES CA 08/26/23-09/27/23 2,301.64 164228 10/12/2023 000171 TOWN OF APPLE VALLEY OCTOBER SEWER SERVICE 1,857.48 164229 08/09/2023 005351 LOWE'S (LAR) SMALL TOOLS & SIGN REPAIR ITEMS 962.63 164230 10/17/2023 TRASH REFUND TRASH REFUND 165.47
164231 10/18/2023 000126 AMERICAN COMPUTER SERVICE MAINTENANCE 8,434.49 164232 10/18/2023 026295 BELL ROOF COMPANY RETENTION RELEASE 10,147.60 164233 10/18/2023 NEM CASH OUT NEM CASH OUT 106.05
164234 10/18/2023 000182 BURRTEC WASTE INDUSTRIES INC AS 827,820.26 164235 10/18/2023 015315 CALPINE ENERGY SERVICES LP SEPTEMBER SERVICES 163,375.00 164236 10/18/2023 NEM CASH OUT NEM CASH OUT 86.19
164237 10/18/2023 000387 EDISON COMPANY 9/12/23-10/10/23 103,763.69 164238 10/18/2023 NEM CASH OUT - REISSUE DUE TO FRAUD NEM CASH OUT - REISSUE DUE TO FRAUD 616.96 164239 10/18/2023 VOIDED VOIDED 0.00
164240 10/18/2023 000168 LIBERTY UTILITIES CA 8/8/23-10/4/23 44,619.47 164241 10/18/2023 023410 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 54.59 164242 10/18/2023 009276 PARS AUGUST - PARS FEES 478.03 164243 10/18/2023 001077 REVENUE & COST SPECIALISTS LLC IMPACT FEE STUDY PROJECT #4322 6,900.00 164244 10/18/2023 000825 SOUTHWEST GAS CORPORATION 9/9/23-10/9/23 2,386.61 164245 10/18/2023 008201 ABF PRINTS, INC. POST CARDS AVCE 989.56 164246 10/18/2023 USER CREDIT REFUND USER CREDIT REFUND 12.60 164247 10/18/2023 000102 ALBERTSONS LLC ASAP 94.76
164248 10/18/2023 000106 ALL AMERICAN FENCE ERECTORS FENCEMATERIALS 28.45

Page 26 of 202 ends

Town of Apple Valley
Commercial Warrants
Month of October 2023
164249 10/18/2023 021342 AMAZON CAPITAL SERVICES GROUNDS MONTHLY PLANNERS 108.02 164250 10/18/2023 000140 ANIMAL CARE HOSPITAL S/N 75.00 164251 10/18/2023 001864 APPLE VALLEY TIRE 85 FLAT REPAIR 585.39 164252 10/18/2023 002298 BEAR VALLEY ANIMAL HOSPITAL S/N 666.05 164253 10/18/2023 003649 BECK OIL INC. CARDLOCK FUEL #80 3,372.81 164254 10/18/2023 022598 BURRTEC WASTE INDUSTRIES, INC TIRE AMNESTY 2,946.20 164255 10/18/2023 000914 CAPITAL ONE ASAP 1,102.71
164256 10/18/2023 023876 CLUB CADDIE HOLDINGS CLUB CADDIE - OCT 750.00 164257 10/18/2023 000313 COOLEY CONSTRUCTION, INC SITTING BULL CLEAN UP 8,339.25 164258 10/18/2023 028748 JASON CROSS S/N REFUND 40.00
164259 10/18/2023 002032 DAVID EVANS & ASSOC, INC CENTRAL RD WIDENING DESIGN 5,636.82 164260 10/18/2023 001628 DELL MARKETING L.P. DELL - USBC POWER ADAPTER - HD3942-2 49.82 164261 10/18/2023 000403 E-Z GO DIV. OF TEXTRON LEASED CARTS 1,616.25 164262 10/18/2023 009345 FEED MY SHEEP 1ST QTR. DISBURSEMENT FOR WINCO FOODS
8,465.38
164263 10/18/2023 000679 G.A. OSBORNE PIPE & SUPPLY GROUNDS IRRIGATION SUPPLIES 192.89 164264 10/18/2023 028755 ROSALBA GUTIERREZ RENTAL DEPOSIT REFUND PLUS 4 HOURS OF

RENTAL TIME DUE TO ISSUES
494.00
164265 10/18/2023 028757 GUY CONTRACTING, INC DEDUCTIBLE TOWARDS CIVIC CENTER PUBLIC
10,000.00
164266 10/18/2023 028747 HD FUN ZONE PET FAIR 195.00
164267 10/18/2023 009475 HESPERIA OUTDOOR POWER EQUIP 5 GAL KEROSENE BLUE 164.03 164268 10/18/2023 028753 HIGH DESERT JUNIOR INSTRUCTOR PAYMENT FOR SPETEMBER 2023 GOLF LESSONS
333.00
164269 10/18/2023 001630 HI-GRADE MATERIALS BASE FOR MAINTENANCE ROAD 249.62 164270 10/18/2023 012567 HITT CONSTRUCTION CO., INC. DRAW #FOUR FOR JAMES WOODY PORCH

POST REPLACEMENTS
244,688.75
164271 10/18/2023 000520 IMPERIAL SPRINKLER SUPPLY SMALL TOOLS FOR GOLF COURSE 253.92 164272 10/18/2023 000524 INLAND FAIR HOUSING & CDBG FAIR HOUSING SERVICES, MONTH OF 1,113.49 164273 10/18/2023 012832 INTERVET, INC. MICROCHIPS 1,346.88 164274 10/18/2023 014262 KIMBALL MIDWEST EQUIPMENT MAINTENANCE FOR GOLF

COURSE EQUIPMENT
327.95
164275 10/18/2023 003119 KNC CONSTRUCTION ADA GOLF COURSE IMPROVEMENTS 119,871.00 164276 10/18/2023 012804 KOA CORPORATION SR 18 CORRIDOR STUDY 13,617.84

Page 27 of 202 ends

Town of Apple Valley
Commercial Warrants
Month of October 2023
164277 10/18/2023 S/N REFUND S/N REFUND 40.00
164278 10/18/2023 S/N REFUND S/N REFUND 40.00
164279 10/18/2023 016069 LEAD TECH ENVIRONMENTAL ASBESTOS TESTING 13960 HOPI RD - FISHER 255.00 164280 10/18/2023 005351 LOWE'S (LAR) GROUNDS VANDALISM REPAIRS 861.25 164281 10/18/2023 014121 LYNNPRO COMMUNITY DAY CLEANUP SHIRTS 3,309.50 164282 10/18/2023 015206 MDG ASSOCIATES INC TOAV- HOME ADMIN 9/1/23 - 9/30/23 6,413.63 164283 10/18/2023 000635 MOJAVE BASIN AREA WATERMASTER WATERMASTER ANNUAL ASSESSMENTS 525.97 164284 10/18/2023 000637 MOJAVE PRINTING SOLUTIONS BANNERS FOR SUNSET CONCERTS 869.26 164285 10/18/2023 001556 MOTOROLA SOLUTIONS, INC TWO RADIO CHARGERS 292.28 164286 10/18/2023 000654 NAPA GOLF COURSE PROGATOR MAINTENANCE 272.00 164287 10/18/2023 002638 PLUMBERS DEPOT INC. FOG HOOK 705.44 164288 10/18/2023 008771 PRUDENTIAL OVERALL SUPPLY GOLF UNIFORM SUPPLIES; MATS AND TOWELS
572.32
164289 10/18/2023 011479 ROW TRAFFIC SAFETY, INC ADOPT A STREET SIGNS 646.50 164290 10/18/2023 014002 SITEONE LANDSCAPE SUPPLY LLC GROUNDS MAINTENANCE SUPPLIES FOR

GOLF COURSE
1,232.17
164291 10/18/2023 024926 SKECHERS USA, INC RESALE ITEMS FOR GOLF COURSE 819.54 164292 10/18/2023 007717 SPLATTERED INK, LLC UNIFORMS 1,163.35 164293 10/18/2023 026300 ST. FRANCIS ELECTRIC, LLC SEPTEMBER RESPONSE 2,968.89 164294 10/18/2023 028746 THE M&M GROUP PET FAIR 1,554.00 164295 10/18/2023 011950 THE TREE PROS TREE REMOVAL 3,800.00 164296 10/18/2023 003478 TURF STAR INC. MOWER PARTS 258.21 164297 10/18/2023 016133 TYLER TECHNOLOGIES INC TYLER ERP UPGRADE 740.00 164298 10/18/2023 000888 UNITED RENTALS REVERSE TRI LIGHTS 819.31 164299 10/18/2023 000893 V.V.W.R.A. SEWAGE TREATMENT SEPTEMBER 2023 297,958.30 164300 10/18/2023 S/N REFUND S/N REFUND 40.00
164301 10/18/2023 001769 VERIZON WIRELESS VERIZON - OCT 6,341.70 164302 10/18/2023 025101 VETERAN SECURITY INC **** 3,765.00 164303 10/18/2023 S/N REFUND S/N REFUND 40.00
164304 10/18/2023 014586 VSS INTERNATIONAL, INC MICROSURFACE 2023 66,398.35 164305 10/18/2023 001278 VULCAN MATERIALS MIX 112.80
164306 10/18/2023 000923 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR GROUNDS 927.08 164307 10/18/2023 008775 WEST COAST SAND & GRAVEL, INC TOP DRESSING FOR GOLF COURSE 3,552.82 164308 10/18/2023 021348 WINSUPPLY BATHROOM DAMAGES AT GOLF COURSE 488.05

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Town of Apple Valley
Commercial Warrants
Month of October 2023
164309 10/19/2023 028627 DIEDRI MORRIS 22546 EL CENTRO ROAD 51.47 164310 10/20/2023 024267 STEVEN CLINE TRAVEL ADVANCE 350.00 164311 10/20/2023 028758 JOSEPH LARA TRAVEL ADVANCE 350.00 164312 10/24/2023 028759 ROSE GARCIA BOLTS & NUTS TRAINING 210.00 164313 10/25/2023 008201 ABF PRINTS, INC. AVCE CARDS 6,339.92 164314 10/25/2023 S/N REFUND S/N REFUND 200.00
164315 10/25/2023 022400 KYLE ADCOCK PUBLIC WORKS EXPO - MEAL

REIMBURSEMENTS
120.11
164316 10/25/2023 000096 ADSCOT PEST CONTROL INC. POOL CENTER PEST CONTROL 189.00 164317 10/25/2023 VOIDED VOIDED 0.00
164318 10/25/2023 000102 ALBERTSONS LLC PLANNING COMMISSION COOKIES 17.48 164319 10/25/2023 000378 ALLIANT INSURANCE SERVICES INC PET FAIR INS 321.00 164320 10/25/2023 021342 AMAZON CAPITAL SERVICES DECORATIONS - HALLWEEN LUNCHEON - EAC
295.27
164321 10/25/2023 000142 ANIMAL EMERGENCY CLINIC MEDICAL 102.00 164322 10/25/2023 001017 APPLE VALLEY FEED BIN ANIMAL FOOD 27.99 164323 10/25/2023 006701 AUTOMATED GATE SERVICES PD GATE REPAIRS 451.50 164324 10/25/2023 000193 RICHARD BATTISTA GRAFFITI REMOVAL 1,281.60 164325 10/25/2023 002298 BEAR VALLEY ANIMAL HOSPITAL S/N 7,285.42 164326 10/25/2023 003649 BECK OIL INC. CARDLOCK FUEL TRUCK 80 3,342.22 164327 10/25/2023 001369 BOOT BARN, INC. BOOT ALLOWANCE FOR DYLAN BECKER 542.54 164328 10/25/2023 016702 CAT TRACKING, INC STREET STRIPING - PAINT 29,573.75 164329 10/25/2023 002815 CHARTER COMMUNICATIONS SPECTRUM - OCT - GOLF~ 2,048.70 164330 10/25/2023 028651 COLLICUTT ENERGY SERVICES, INC PD GENERATOR SERVICE 1,767.61 164331 10/25/2023 008693 COMMERCIAL AQUATIC SERVICES POOL CHEMICALS 155.08 164332 10/25/2023 000313 COOLEY CONSTRUCTION, INC BEAR VALLEY RD X KIOWA RD 9,300.00 164333 10/25/2023 001216 COUNTY OF SAN BERNARDINO- ISD DEPARTMENT RADIOS 3,107.64 164334 10/25/2023 012720 DEAN HOWARD HEAT & AIR INC. HVAC REPAIRS 125.00 164335 10/25/2023 001628 DELL MARKETING L.P. DELL - LAPTOP - HD3942 1,279.57 164336 10/25/2023 013322 DIAMOND ENVIRONMENTAL SVCS PORTABLE RESTROOMS FOR HALLOWEEN

SPOOKTACULAR
342.00
164337 10/25/2023 001311 DUNN EDWARDS CORPORATION AMC PAINT 131.85 164338 10/25/2023 000452 GRAINGER, INC. FACILITIES SUPPLIES 84.69 164339 10/25/2023 001558 HAAKER EQUIPMENT CO 79 SWEEPER PARTS 198.37 164340 10/25/2023 018653 HASA INC. POOL CHEMICALS 1,467.05

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Town of Apple Valley
Commercial Warrants
Month of October 2023
164341 10/25/2023 000501 HITT PLUMBING CO., INC. GOLF COURSE MAINLINE CLEAN OUT 480.00 164342 10/25/2023 000507 HOME DEPOT TRUCK 98 SUPPLIES 167.21 164343 10/25/2023 023175 HOME DEPOT CREDIT SEVICES TRUCK #118 TIE DOWNS 164.91 164344 10/25/2023 000520 IMPERIAL SPRINKLER SUPPLY IRRIGATION SUPPLIES FOR GROUNDS 1,476.85 164345 10/25/2023 024921 INTERWEST CONSULTING GROUP INC RI SPR2022-007 CORDOVA 1,518.75 164346 10/25/2023 005351 LOWE'S (LAR) AMC DOOR BARRICADE 1,223.41 164347 10/25/2023 020883 ANDREW MARIN HOME DEPOT PURCHASE FOR VACTOR TRUCK

34.39 164348 10/25/2023 016061 MGR PROPERTY MANAGEMENT INC PMI REFUND 105.00 164349 10/25/2023 002368 MWI ANIMAL HEALTH MEDS 2,565.42 164350 10/25/2023 008206 O'REILLY AUTO PARTS POOL VACUUM REPAIRS 24.77 164351 10/25/2023 028536 PNC EQUIPMENT FINANCE LEASED EQUIPMENT 5,832.56 164352 10/25/2023 000710 PRECISION LOCK & SAFE 12 PADLOCKS - YELLOW 246.83 164353 10/25/2023 008771 PRUDENTIAL OVERALL SUPPLY UNIFORM CREDIT 250.14 164354 10/25/2023 001161 PUMP MAN PUMP SERVICING 500.00 164355 10/25/2023 015373 QUINN COMPANY LAMP 29.58
164356 10/25/2023 011479 ROW TRAFFIC SAFETY, INC RSNS HWY 18 2,805.64 164357 10/25/2023 000790 SAN BERNARDINO & RIVERSIDE JAMES WOODY FIRE SERVICE 15,972.03 164358 10/25/2023 007514 SAN BERNARDINO FIRE PROT. DIST HHW 23,172.08 164359 10/25/2023 002187 SCP DISTRIBUTORS LLC POOL CHEMICALS 1,155.80 164360 10/25/2023 028743 SHOURAI BARBEQUE LLC HALLOWEEN LUNCHEON - EAC 1,000.00 164361 10/25/2023 014002 SITEONE LANDSCAPE SUPPLY LLC GOLF COURSE HERBICIDE 1,043.01 164362 10/25/2023 007717 SPLATTERED INK, LLC UNIFORMS 253.00 164363 10/25/2023 001014 TOTAL PLAN BUSINESS OFFICE FURNITURE 6,275.00 164364 10/25/2023 003478 TURF STAR INC. ROUGH MOWER MAINTENANCE 580.34 164365 10/25/2023 016133 TYLER TECHNOLOGIES INC TYLER ERP UPGRADE 11,840.00 164366 10/25/2023 000876 TYPE-SET-GO UNIFORMS 1,294.62
164367 10/25/2023 000166 VALLEYWIDE NEWSPAPERS LLC GPA 2022-007, ZC 2022-005, DCA 2022-003, TTM 20453
264.00
164368 10/25/2023 001278 VULCAN MATERIALS MIX 656.27
164369 10/25/2023 000923 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES 1,802.63 164370 10/25/2023 003781 WILBUR-ELLIS COMPANY LLC FERTILIZER FOR GOLF COURSE GREENS 849.07 164371 10/25/2023 021348 WINSUPPLY WATER FAUCET KEYS 171.93 164372 10/25/2023 008390 ZERO WASTE USA DOG STATION LNERS 1,263.43 164373 10/25/2023 013521 APPLE VALLEY CAR WASH SEPTEMBER SERVICES 322.81

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Town of Apple Valley
Commercial Warrants
Month of October 2023
164374 10/25/2023 000204 BIG APPLE AUTO VEHICLE REPAIR 8,764.85 164375 10/25/2023 002130 CALIFORNIA DEPARTMENT OF TAX ELECTRICAL ENERGY TAX 7/1/23-9/30/23 23,650.00 164376 10/25/2023 000387 EDISON COMPANY 9/6/23-10/4/23 13,583.91 164377 10/25/2023 000082 GARDA CL WEST, INC EXCESS TIME 7.65 164378 10/25/2023 004935 HDL SOFTWARE LLC AUGUST SERVICES 307.30 164379 10/25/2023 000168 LIBERTY UTILITIES CA 8/10/23-10/10/23 6,637.44 164380 10/25/2023 005541 MOJAVE PAINT & BODY VEHICLE REPAIR 8,422.17 164381 10/25/2023 023410 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 1,039.78 164382 10/25/2023 005036 QUADIENT FINANCE USA, INC POSTAGE 2,507.38 164383 10/25/2023 004038 ROTARY CLUB OF APPLE VALLEY JULY-SEPTEMBER 2023 Q1 AVRC

FOUNDATION CONTRIBUTION
237.50
164384 10/25/2023 000062 RSG, INC FY23-24 SA SERVICES AND CB

RECONCILIATION
1,510.00
164385 10/25/2023 000825 SOUTHWEST GAS CORPORATION 9/20/23-10/10/23 65.43 164386 10/25/2023 009608 THE GOODYEAR TIRE & RUBBER CO TIRES FOR PD 1,413.43 164387 10/25/2023 013692 WPONCALL WEBSITE MAINTENANCE 300.00 164388 10/30/2023 010143 AMERICAN FIDELITY ASSURANCE OCTOBER PREMIUM 5,352.46 164389 10/30/2023 008857 CHLIC-CHICAGO OCTOBER PREMIUM 1,916.00 164390 10/30/2023 011409 FIDELITY SECURITY LIFE INS / OCTOBER PREMIUM 957.01 164391 10/30/2023 018484 NEW YORK LIFE OCTOBER PREMIUM 475.97 164392 10/30/2023 018332 PRINCIPAL OCTOBER PREMIUM 12,241.14 164393 10/30/2023 011408 TEXAS LIFE INSURANCE CO. OCTOBER PREMIUM 1,111.92 164394 10/30/2023 008788 ZURICH NORTH AMERICA OCTOBER PREMIUM 122.38 164395 10/31/2023 012826 FLYERS ENERGY, LLC PD FUEL 77.73 468 Checks Total amount of checks: 3,247,801.31

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Town Council Agenda Report
Date: November 14, 2023
To: Honorable Mayor and Town Council
Subject: OCTOBER 2023 PAYROLL/BENEFITS WARRANTS SCHEDULE

From: Douglas Robertson, Town Manager
Submitted by: Margaret DeMauro, Finance Manager
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 Sections 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 a register of demands and in connection therewith consider the recommendations of the Town Manager and Director of Finance. Further, the State Government Code provides that Staff may process and pay prior to ratification by the Town Council, demands properly made in the ordinary course of business, the just obligations of the Town, such as routine salaries and wages, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.

The Payroll / Benefits warrants issued from October 1 through October 31, 2023, in the amount of $743,807.26 net of voids, covering issued warrant #s 69537-69610 and direct deposit advice #s 9985668-9986075 are herewith submitted for approval.

FISCAL IMPACT

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DATE TOTAL
10/13/2023 $374,686.49
10/27/2023 $369,120.77
TOTAL: $743,807.26
The payroll and benefit warrants issued, covering warrant #s 69537-69610 and direct deposit advice #s 9985668 – 9986075 inclusive, totaled $743,807.26. Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.

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Town Council Agenda Report
Date: November 14, 2023
To: Honorable Mayor and Town Council
Subject: AWARD A PROFESSIONAL SERVICES AGREEMENT FOR THE TOWN-WIDE COMPLETE STREETS ACTION PLAN (SS4A)
From: Douglas Robertson, Town Manager
Submitted by: Julie Ryan, Special Projects Manager
Town Manager
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a Professional Services Agreement to KTUA for the Town-Wide Complete Streets Action Plan (SS4A) subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

BACKGROUND
The Town applied for and was awarded a Safe Streets for All (SS4A) grant from the U.S.

Department of Transportation (DOT) to retain the services of an experienced and qualified consultant to develop a Town-Wide Complete Streets Action Plan (Plan). The Plan will provide a list of projects that will help underserved and disadvantaged areas reach destination locations and save on transportation costs, such as vehicle maintenance and fuel, by identifying multi-modal transportation opportunities such as walking, biking, or using public transit. The project team will reach out to service and faith-based groups who provide essential services to underserved areas of the Town.

Each will have the opportunity to provide feedback, express concerns, and recommend solutions. By including a diverse group of stakeholders, the Town will have the opportunity to gain critical insight into safety concerns and barriers, resulting in a plan that reflects the entire community.

Once complete, the Plan will provide a list of long and short-term solutions that will increase equity while promoting safety in disadvantaged and underserved neighborhoods. Recommended projects will be incorporated into the Town's annual budget, and the Plan will be used as a first-look document when grant opportunities arise. As part of the project, the selected consultant will provide conceptual designs for a minimum of five projects to ensure constructability which will, in turn, expedite the final

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design timeline of each project.

ANALYSIS
On September 26, 2023, the Town received proposals for the subject project. Upon receipt, the proposals were reviewed and scored by Town staff using the following chriteria:
 Project understanding and approach
 Project Manager’s experience with similar kinds of work  Experience of assigned project team members
 Relevant project examples
 Capability of developing innovative and advanced techniques  Completenes and overall quality of submission
The review team interviewed three short-listed candidates on October 24, 2023, and KTUA was unanimously selected for the following reasons:
 Understanding of the project area and depth of research conducted prior to the interview;
 Strength of the project team members and balance of engineering, research, and local knowledge; and
 KTUA displayed a clear understanding of the need for strong communication and provided creative ideas for maximizing stakeholder input.

With a consultant selected, staff opened their sealed cost proposal. KTUA’s estimated costs for this project is $749,914.00 which is within the estimated grant budget.

For all the reasons mentioned above, staff recommends that KTUA be awarded a Professional Services Agreement for the Plan.

FISCAL IMPACT
Funding includes $600,000 in reimbursable grant funds received from the DOT and local matching funds in the amount of $150,000 using Measure I bringing the total project budget to $750,000. Funding is included in the adopted Fiscal Year 2023-2024 budget.

ATTACHMENTS
A. Professional Services Agreement

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-1-

TOWN OF APPLE VALLEY

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 14th day of November, 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 KTUA, a Corporation, with its principal place of business at 3916 Normal St, San Diego, CA 92103 ("Consultant"). Town and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

Town desires to engage Consultant to render such professional services for the Town Wide Complete Streets Action Plan (SS4A) project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning, engineering, and 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. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.” attached hereto and incorporated herein by reference.

3.1.2 Term. The term of this Agreement shall be from November 14, 2023 to August 15, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Fees and Payments

3.2.1 Compensation. Consultant shall receive compensation, including

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-2-
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 Seven Hundred Forty-Nine Thousand Nine Hundred Fourteen ($749,914.00) without written approval of the Town Council or Town Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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

3.3 Responsibilities of Consultant.

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

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

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request of Town, Consultant shall provide a more detailed schedule of anticipated performance 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: Joe Punsalan, Tom Bertulis, Morgen Ruby, Leslie Scott, Walter Okitsu, Michael Nilsson, Greg Garces..

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

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

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

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subPage 38 of 202 -4-
consultants who is determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Town, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

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

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

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

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

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

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

3.3.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and

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Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

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

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

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

3.3.11 Insurance.

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

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence

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and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

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

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

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance

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shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the Town, its officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the Town to inform Consultant of non-compliance with any requirement imposes no additional obligation on the Town nor does it waive any rights hereunder.

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

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

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the Town, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the Town, its officials, officers, employees, agents and

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volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the Town.

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

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

3.4 Labor Code Requirements.

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

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

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

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

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

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

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

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Consultant: KTUA
3916 Normal St.

San Diego, CA 92103
ATTN: Joe Punsalan
Town: Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, California 92307
ATTN: Julie Ryan
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

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

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

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

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. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Town's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Town.

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

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

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,

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

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

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

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

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

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

3.6.10 Successors and Assigns. This Agreement shall be binding on the

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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 KTUA
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF APPLE VALLEY
By:

Doug Robertson
Town Manager
ATTEST:

By:

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

By:

Thomas A. Rice, Best Best & Krieger,
LLP
Town Attorney
KTUA
By:

Its:

Printed Name:

By:

Its:

Printed Name:

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Exhibit “A”-1
EXHIBIT "A"

SCOPE OF SERVICES

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Exhibit “A-2
TASK 1: PROJECT MANAGEMENT

PROJECT KICK-OFF MEETING
Within the first month from issuance of the Notice to Proceed (NTP), the KTUA team shall meet in-person with the Town to discuss the overall vision for the Action Plan and facilitate a kick-off meeting with all key consultant staff, the Town’s Project Manager and other relevant Town staff. This kick-off meeting will ensure that the KTUA team’s efforts are properly aligned with the Town’s vision for the project.

The kick-off meeting will include discussion of project timeline, budget, reporting, internal meeting schedule, community outreach meeting schedule, community engagement options, data needs, communication channels and any
other relevant topics.

A kick-off meeting agenda will be provided to meeting
attendees at least 48 hours in advance to allow time to review and revise the agenda. KTUA will provide meeting notes after the kick-off meeting to ensure that the next steps are documented and provided in writing to meeting attendees in a timely manner.

STAFF COORDINATION
The Project Manager will conduct collaborative monthly
project team meetings and be in contact with all parties on a regular basis, as needed. Of the 18 meetings, 15 will be in-person and 3 will be virtual. The parties will work together to monitor project progress, prepare for next
steps, discuss completed tasks, conduct problem-solving, and ensure the collective vision is followed for the project.

Critically, the PM will make sure the project remains within the designated timeframe as well as within budget, avoiding scope creep and cost overruns, while making sure both the timeliness of the plan and the quality of the product go above and beyond the requirements, giving added value
to the project.

TASK 2: EXISTING CONDITIONS

ACCIDENT DATA COLLECTION
The KTUA team has extensive experience working with
collision data from the Statewide Integrated Traffic Records System (SWITRS), Transportation Information Mapping System (TIMS), Crossroads data, as well as local police and fire department reports through our experience in developing over three dozen safety plans across the State of California over the past decade.

The KTUA team will conduct a comprehensive analysis
of collision data from the SWITRS database for the most recent five years of data for crashes of all severity levels, including property damage only crashes. The KTUA team
can quickly generate key summary infographics for our
team of Roadway Safety Professionals to interpret and
draw meaningful conclusions about the data and baseline safety conditions within the Town of Apple Valley.

Bike/Ped Collisions
Our team will utilize the review of comparative measures of Town wide collision patterns to statewide patterns to identify “outlier” data points leading to conclusions on areas of focus for safety improvements. We will also use our GIS capabilities to perform spatial assessment mapping
to better understand the collision history surrounding key destinations in the Town as well as develop a “hot spot analysis” or High Injury Network to identify locations with high rates of collisions along roadways. Compiled data
will be processed and formatted into a memorandum for
Town review.

LITERATURE REVIEW
The KTUA team will review existing plans and programs as they relate to the transportation goals, visions, and efforts.

Our team will bring our extensive personal and professional knowledge about Apple Valley and will go through a thorough yet expedited review of local, regional, statewide

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Exhibit “A-3
and nationwide transportation plans and policies, as well as review best practices in safety plans, programming and infrastructure. The KTUA team will review information and data from but not limited to, the following documents:
• SR18 Village Study and Specific Plan
• SR18 Corridor Study (ongoing)
• Safe Routes to School Plan
• AV History and Community Profile
• AV Multiuse Trail and Equestrian Standards
• Census Tract data
• Apple Valley Housing Element
• Apple Valley General Plan
• Apple Valley Village Specific Plan
• Apple Valley Local Road Safety Plan (LRSP) and Town
Wide School Zone Analysis
• Apple Valley Climate Action Plan
• San Bernardino County Non-Motorized Transportation
Plan
• Caltrans Sustainability Plans and Programs
• State of California Plans and Programs
• Victor Valley Transit Authority (VVTA) Comprehensive
Operations Analysis (COA)
The KTUA Team will incorporate the applicable policies
and strategies in the Apple Valley Town Wide Complete
Streets Action Plan to ensure integration with regional strategies, goals and policies. The Apple Valley Town Wide Complete Streets Action Plan will contain a section that identifies and briefly describes applicable local, regional and statewide plans and its consistency with these plans.

At the kickoff meeting, the KTUA Team will also coordinate with the Town to propose multiple additional data sources beyond those mentioned in the Scope of Work which will
help further the objectives of the Project as relevant.

STAKEHOLDER INTERVIEWS, SURVEYS, AND FIELD OBSERVATIONS The KTUA team, led by Leslie Scott Consulting (LSC), will conduct six stakeholder meetings to capture the challenges facing business owners, fire and police departments and Town staff. Some of these businesses may entail, for example, the St. Mary Medical Center and local businesses in the Village. These stakeholder meetings will include discussions about safety, accident frequency and types and observational data regarding problem areas around the
Town. Leslie Scott has worked and is currently working on projects in Apple Valley requiring extensive outreach to the business community through interviews and stakeholder
meetings. The KTUA team will reach out to faith-based organizations to solicit feedback about disadvantaged areas and historical imbalances that can be remedied.

FIELD OBSERVATIONS
The KTUA team will obtain, summarize, and analyze
field data to include, but not be limited to, taking photos, measurements, and documenting opportunities, barriers,
hazards and substandard conditions at key areas throughout Town during peak travel hours. Initially crash analysis has shown that SR-18 has some of the highest number of
crashes in the town, although there are plenty of current and past studies undertaken on SR-18. To not reinvent the wheel, the team will focus much effort, in addition to underserved areas and schools. In particular, the area around Apple Valley High School has some of the highest crash
rates in the Town and will be carefully studied. Moreover, the Town has several frontage roads with freeway-level
posted speed limit that will be carefully analyzed, including the conflicting turn movements at those intersections where frontage roads exist, and at any driveways that
intersect with the frontage roads and main roads. KTUA
will conduct site visits for up to 14 locations along the SR-18 frontage roads, primarily at major intersections, to visually observe near-misses and other conflicts that may occur.

COMMUNITY DATA COLLECTION
The KTUA Team will collect comprehensive data along key corridors and neighborhoods within the Town of Apple
Valley (e.g., Bear Valley Road, Central Avenue, Yucca Loma Road), with the data collection focus areas to be confirmed and agreed upon during the project’s kickoff meeting. Data collected will include, but not be limited to:
• Victor Valley Transit Authority (VVTA) ridership characteristics to include on/off counts, key locations and bicyclist usage
• Communication with first responders to identify areas of concern and historical transportation challenges
• Traffic circulation patterns and projected growth, Average Daily Traffic (ADT) counts and Level of Service analyses
• Identification of gaps in alternative transportation system connectivity
The KTUA Team will also leverage data collected from
recent planning efforts to help inform existing transportation conditions. To verify data collected, we will conduct an in-person field review at key locations. We will summarize collected data in an illustrative memorandum to present to the Town, stakeholders, and the community.

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Exhibit “A-4
Bicycle-Pedestrian Demand Analysis Steps
TASK 3: ANALYSIS

IDENTIFY COUNTERMEASURES AND PROJECT OPPORTUNITIES
Information gathered through data collection and public outreach will be used to guide the KTUA team in selecting and prioritizing countermeasures to reduce transportation challenges. As part of the process to Identify Countermeasures and Project Opportunities, the KTUA team will develop a GIS-based Bicycle and Pedestrian Propensity Model specific to the Town to highlight areas where the need for bicycle and pedestrian improvements is most likely needed through a data-driven approach.

This aggregated model:
• Identifies destination clusters through modeling onequarter-mile walksheds around community attractions such as schools, parks, recreation, and transit, including the future Love’s Travel Center and Sprouts Farmers
Market and the High-Speed Rail station coming to Apple
Valley.
• Incorporates aggregated census, CalEnviroscreen, and
Free-Reduced Meal Program layers to highlight disadvantaged population that are more dependent upon active transportation; and
• Delineates mobility barriers including collision locations, high vehicular routes, major intersections and freeways.

This analysis will fully reflect the Town’s unique socio-economic and mobility landscape to help identify focus areas where people are more likely to bike and walk, but may
also be more dangerous. Moreover, this model provides
some consistency with the layered transportation network used in the Town’s previous planning efforts. Since the KTUA team already has many of the data and model components from previous work in Apple Valley, the models bring an efficient and objective way of identifying pedestrian focus areas. This analysis will also be used to objectively rank projects and recommendations.

The KTUA team will rely on their decades of Complete
Streets experience and knowledge, including from being
a member of the National Committee of Uniform Traffic
Control Devices, to develop and recommend countermeasures. Countermeasures may include reconfiguring and adding safety features to frontage roads, the addition of sidewalks and barrier protected pedestrian walking
lanes, safe crossings including using traffic beacons and signals, both vertical and horizontal traffic calming measures, circulation improvements based on thorough traffic analysis, and other transit, pedestrian, bicycle, and wheelchair-friendly infrastructure.

MORE DISADVANTAGED POPULATION
MORE DESTINATIONS -> MORE ACTIVITIES
MORE BARRIERS -> MORE DANGEROUS

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Exhibit “A-5
As a value-added benefit to the Apple Valley projects,
Crime Prevention Through Environmental Design (CPTED)
strategies will be used to further evaluate and develop recommendations and programs for overall user safety.

CPTED are proactive strategies that include:
• Natural Surveillance - Natural surveillance is the placement of physical features and/or activities, and people that maximizes natural visibility or observation
• Access Control - Uses design features to deny offenders access to targets and to guide users through the environment as safely as possible
• Territorial Reinforcement - A concept intended to clearly delineate a space as public, semi-public, or private
space and to create appropriate ownership of that space • Maintenance - Allows for the continued use of a space for its intended purpose

BENEFIT COST ANALYSIS
A substantial amount of federal and state grant applications require a supporting benefit-cost analysis to quantitatively define and document the merits of a project. To best position the Town of Apple Valley for grant funding sources, the KTUA team will prepare guidance that informs the overall Benefit Cost Analysis approach through standard methodologies and assumptions utilized by USDOT and Caltrans, which can then be fine-tuned to illustrate project benefits.

To the extent possible, KOA will ensure that the Benefit Cost Analysis prepared for this Plan is universal enough to be utilized for multiple funding programs, and performance measures or other outcomes can easily be extracted for
use in program or project reporting efforts as the Town implements Plan recommendations.

The Benefit Cost Analysis will be prepared as a technical memorandum that summarizes the potential benefits of
project recommendations and documents the data sources utilized. The technical memorandum will also detail the methodology used to quantify benefits. The memorandum will include tables and graphics that can be dropped directly into funding applications, and supporting documentation that can be utilized by funding agencies in their review of applications.

PRIORITIZE PROJECTS
The KTUA team will use feedback from the different stakeholders, including disadvantaged communities, the business community, AVUSD, as well as various Town staff from diverse Town departments such as the police department
and the fire department, to develop project opportunities and prioritize projects. Using preliminary costs and data collected for countermeasures, and information from the Benefit Cost Analysis, the KTUA team will develop a list of Priority Projects to be listed in the draft and final Plan.

The potential costs and feasibility of a project, whether its constructability due to topographic and drainage issues or its environmental or right-of-way constraints, feasibility will be a key part of project prioritization. Finally, the team will use various tools to identify the prevalence of collisions and use additional data such as demographics (age, seniors), proximity to parks, schools, retail, and transit and employment densities can be applied for a comprehensive look at the potential intensities and recommendations to develop proposed projects. KTUA will explore a variety of datasets to identify disadvantaged communities, such as Healthy
Places Index, CalEnviroscreen, SCAG’s SB 535 database
and the Free-Reduced Price Meal program and US Census
which are all factors in determining underserved communities and requirements for grant applications.

Among the tools KTUA incorporates into the prioritization process is a Level of Traffic Stress analysis (LTS) – sometimes called Level of Comfort – using available data to objectively assess bicyclists’ comfort level on existing roadways. LTS modeling addresses perceived safety related to traffic speed, number of lanes, and existing bikeway facility type. In addition to serving as an effective proxy for safety, bikeway LTS rating is a measure of existing bikeway network suitability. LTS analysis can highlight potential neighborhood connections where none previously existed, allowing them to become viable active transportation network connections, especially if they readily connect to the town-wide system. In most cases, the value of LTS analysis is that it highlights opportunities for inclusive facilities that would not have been evident without employing this modeling technique.

Aside from the LTS analysis, the crash analysis will be critical to the prioritization process. But unlike the traditional process that is reactive, the process will include a proactive approach. The KTUA team will look to find a
balance between systemic solutions (proactive approach) while also addressing the highest crash locations (reactive approach). For low-cost improvements, such as signing and striping, the team may recommend that the entire corridor be treated. The higher cost countermeasures, such as
intersection reconfiguration, may only be feasible to complete at the highest crash locations. Cost estimates, fiscal constraints and benefit-cost ratio results will be taken into consideration to help determine acceptable deployments
within the Town roadway network.

For an effective complete streets plan, not all locations can be addressed solely by infrastructure improvements.

Therefore, a comprehensive approach to addressing
safety issues includes programs such as, but not limited to, enforcement, encouragement, equity, evaluation, and

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Exhibit “A-6
Example LTS Map for the City of Chino
drawings. As per the response to
questions that the Town posted,
the average lengths of the project
corridors will likely be around one
mile. The detail sheets will be
designed for ease of understanding to technical and non-technical audiences. Proposed recommendations will be based on research of projects and programs conducted by other agencies across the country, as well as an analysis
of effective measures already
implemented.

As part of the bicycle and pedestrian facilities concepts, KTUA will develop diagrams, infographics
and tables that illustrate what the
various bicycle and pedestrian
projects may look like. These illustrations will be critical for countermeasure recommendations and overall design changes. KTUA
will employ a vast suite of graphic
tools, along with transportation
planning and engineering, to produce legible, easy to understand and effective graphics for planning efforts and possible future education, enforcement and implementation purposes. Wherever possible, KTUA will utilize 3D
software to provide conceptual visualizations for enhanced existing and proposed new bicycle and
pedestrian facilities.
education efforts. Behavioral issues may become apparent during issues identification and may have a non-engineering solution for consideration. The team will evaluate various demographic, public health and risk indicators to determine known behavioral trends leading to collisions and will make recommendations on how to address these
issues. The collision data itself will also provide insight as to the behavior of drivers, bicyclists and pedestrians during the collision.

Following identification and prioritization of collision trends, conceptual visualizations and descriptions of proposed
projects or safety countermeasures will be developed to convey the designs and results. The KTUA team will provide a recommended list of projects and will develop six (6) similar detailed project description sheets and design TASK 4: PUBLIC OUTREACH
LSC and KTUA are committed to meaningful community engagement that strengthens partnership and trust amongst residents. With 65 percent of the Town population underserved, the team will develop a unique strategy to engage this population to ultimately eliminate transportation barriers, increase equitable access to key destinations, and expand mobility options.

The perspective of pedestrians, bicyclists, and transit users within the project area is essential to the development of a Complete Streets Plan. These residents have experienced firsthand the multimodal challenges of the Town and can provide invaluable information to help guide the

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Exhibit “A-7
analysis and recommendations developed in this report.

Similarly, it is helpful to hear from those who do not walk, bike, or use transit in the project area to understand the deterrent of multimodal travel within the project area to help shape outcomes that lead to a desirable corridor for all modes of travel.

OUTREACH PLAN
LSC will work with Town staff and stakeholders to develop an Outreach Plan that includes a series of activities and an inclusive marketing campaign that reaches all demographics within the Town, prioritizing efforts in underserved areas. KTUA’s diverse team has extensive experience
working with a range of demographics, including community leaders to people who have never participated in civic engagement.

Engagement will be conducted through a combination of
in-person and virtual stakeholder meetings, pop-up events, design workshops, digital and hard copy promotion, and intercept surveys to engage people who may not otherwise attend events. The project will aim to capture feedback and representation from the youth, elderly, and persons with disabilities who often rely on non-motorized transportation, to understand the barriers of multimodal travel in Apple Valley.

The team will connect with the Apple Valley Unified School District (AVUSD), Apple Valley and Granite Hills High
Schools to connect with families across the Town and with Teen Zone to engage passionate youth who are already
active within their community. The team will connect with the Apple Valley Senior Center, Solstice Senior Living, and the Senior Resource Center to engage older adults. Faithbased organizations will also be contacted to participate in the surveys. For hard-to-reach populations that may not otherwise be represented, KTUA would like to incentivize participation giveaways through opportunity drawings for intercept interviews and workshop attendance. Giveaway
items will be of high value to encourage engagement to
ensure the project team receives input from an array of community members.

Objectives of the Outreach Plan include the following.
• Develop an inclusive outreach plan that focuses on the underserved and disadvantaged neighborhoods, vulnerable roadway users, including youth, the elderly, and persons with disabilities who often rely on non-motorized transportation. These populations are the most impacted by transportation planning and policy and have traditionally not been well represented in the decision-making process. The project team will ensure these populations are a part of the discussion to push for further mobility equity in Apple Valley.
• Communicate in a digestible way that stakeholders and the public will easily understand. The project team will conduct outreach in both English and Spanish and develop visual communication tools such as infographics and sample photos to simplify complex topics. The team will avoid using acronyms and transportation jargon so that
residents feel valued and included in the public input
process.
• Use innovative and educational activities to engage
community members with a magnetic game of Build-aStreet, the development of a remote-control car course for traffic calming education, and the assembly of dioramas that showcase complete street treatments, such as midblock crossings with curb extensions and parklets, so that residents can practice walking/cycling through with figurines.

PROJECT WEBPAGE
Online information is a critical step in the project’s public outreach strategy because it needs to reach a broad cross-section of Apple Valley constituents. KOA will lead this effort and will coordinate with the Town of Apple Valley to launch the project webpage for the Town Wide Complete Streets Plan in both English and Spanish shortly after the project kickoff meeting is held to begin the education and dialogue process with the broader community. We
envision the project webpage to include the following:
• A brief description of the project, as well as relevant imagery and graphics
• Project background on the planning effort, connection to past successful planning efforts, and overall vision, goals and objectives
• Project timeline that will show important dates and deadlines • Opportunities to participate in outreach events
• Summaries of past events
• Any relevant, Town-approved reports and maps that will be available for download
• Other items such as frequently asked questions, a data library, and comment section
• Online engagement opportunities, including an online
survey
The KOA Team proposes developing a customized project
webpage using an interactive and illustrative platform such as ArcGIS Story Maps. A key component of the project
would involve using maps, drone imagery and infographics to gather data and communicate information. These online engagement tools would allow for seamless integration of cartography and data collection into the project. KOA has recently applied such tools successfully on recent projects such as the Apple Valley Highway 18 Access Plan, Hesperia Avenue I Complete Streets Plan, and San Bernardino Active Transportation Plan.

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Exhibit “A-8
We will update the project webpage for Apple Valley Town Wide Complete Streets Plan on an as-needed basis, such
as when new milestones are completed. At the close of
the project, we will deactivate the website and transition all materials in a digital format to the Town website, in a format to be confirmed by the Town project manager.

FLYERS, ANNOUNCEMENTS, AND SOCIAL MEDIA
The KTUA team has extensive experience designing attractive outreach materials that grab the reader’s attention, display key information in a concise way so that it is easy to understand and reflects the identity of the community.

KTUA and LSC will ensure that flyers, announcements, and social media reach the youth, seniors, and persons with disabilities in alignment with the strategies outlined in the Outreach Plan. Project flyers and announcements will be dispersed throughout the Town including at storefronts
along State Route 18 and Bear Valley Road, at local community groups and churches, take home flyers for Apple Valley and Granite Hills High School students, announcements posted on the Town’s website and social media platforms.

KTUA, with support from LSC, will develop a bilingual survey in both online and paper formats to distribute at popup events, public workshops, and across the Town’s social media channels. The surveys will be developed to better understand the challenges, barriers, and opportunities for different users of the roadways and also gauge interest in different design solutions that can improve travel throughout the Town.

The first survey will be designed and distributed digitally via SurveyMonkey. This will be a traditional survey with quick and concise questions to solicit input. The other survey will be a GIS-based interactive map that will allow the public to provide detailed, location-specific comments related to bicycle, pedestrian, transit, and any other transportation-related topic. This online interactive map has proven to be effective with residents who have easy access to the internet. Both of these surveys provide summary tools to tabulate results quickly and easily.

PROJECT BRANDING
Branding is a key component of marketing and engagement. Branding brings continuity to all project components throughout the duration of the project, distinguishes this project from others, and will bring a sense of energy and excitement to the project. The project team will develop elements such as a logo and a color scheme that will adhere to the Town’s standards and character. Consistent branding will be included on all project material such as flyers, announcements, online material, and documents.

Branding examples (logos) from three KTUA projects

DIRECT MAIL ANNOUNCEMENTS
Nearly all marketing today is digital with email blasts and social media posts. While these digital formats are useful because of their ease, broad reach, and low cost, we acknowledge the significance of physical marketing, such as physical mailers. Direct mailers reduce the need for internet connection and technical savviness through a
personalized, physical experience that helps project announcements stand out.

KTUA will design, develop, and send out physical announcements to promote the input through postcards or brochures when the recommendations and preliminary designs of the six priority projects have been developed. The KTUA team will work with the Town to best strategize mailer distribution such as mailers or door-to-door flyers. The use of a local print shop will also be explored to ensure local businesses are included in the outreach process. KTUA and LSC will work with the Town to determine the best
way to create a distribution list, which can range from utility bills or through a targeted mailing list service. For example, KTUA can create a 300-1,000-foot buffer around the six
priority projects for a targeted mailer/flyer distribution for those neighborhoods that would be immediately affected
by these projects. In addition to the flyers, the KTUA team can provide an announcement in the Our Town publication to promote the workshops or pop-up events.

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Exhibit “A-9
Active booth with raffle prizes for city sponsored
event in Rialto

INTERCEPT SURVEYS
LSC and KTUA will conduct informal interviews with pedestrians and transit users to gather input on the perceptions of walking, biking, and transit use throughout the Town.

The team will conduct the intercept surveys at the eventbased workshops and pop-up events. KTUA will also facilitate impromptu interviews with passersby when distributing flyers at storefronts along State Route 18 and Bear Valley Road to reach people who might not otherwise attend
workshops, pop-ups. These interviews allow the planning team to better understand the barriers of transportation in Apple Valley and gain insights on current hot button issues, such as parking removal or bike theft and provide residents a venue for one-on-one discussion to share their frustrations or ideas for improvements.

COMMUNITY PLANNING MEETINGS AND PRESENTATIONS
KTUA, with support from KOA and LSC will conduct two
community-based meetings as identified in the Outreach
Plan, and in addition, lead at a minimum, three Town sponsored community pop-up events. Because Town sponsored workshops have a history of low attendance, The project team would like to propose an alternative option to remove the community-based meetings and add three additional townwide-sponsored events, or in-field workshops, for a total of six community meetings. These could include, but not limited to, Concerts in the Courtyard, Sunset Concert Series and Hoppy Trails 5K Beer Run.

COMMUNITY WORKSHOPS
If the first option is preferred, KTUA will conduct two community-based meetings in the style of interactive workshops. The first workshop would aim to collect information on existing conditions and determine project goals. The second meeting will aim to dive into place-specific design recommendations. There is an opportunity to host public walking tours at or near the workshop locations and at
identified problem areas to identify concerns.

WORKSHOP EXAMPLE AGENDAS
WORKSHOP #1
A. Introductory Presentation
a. Project Overview
b. Introduce Complete Streets concept
B. Facilitate discussion on barriers for each mode
of transportation
C. Focus Groups
a. Break residents into groups categorized by
travel mode or geographic region in the Town and
have participants work through challenges and
opportunities
i. i.e. Village area, the school zones, the townwide
bike network
b. Residents will determine goals based on their
focus group
D. Have groups share project goals from their focus area WORKSHOP #2
A. Introductory Presentation
a. Project Overview
b. Introduce Complete Streets concept
c. Introduce Complete Streets Treatments
i. Pictures
ii. Case Studies in towns of a similar size and region
B. Focus Groups
a. Activity #1
i. Identify problem areas (start with locations from
first meeting)
ii. Recap or define challenges from workshop #1
b. Activity #2
i. Residents will design focus areas from Activity #1
using callouts on a map.

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Exhibit “A-10
We acknowledge that people spend their free time attending community-meetings and workshops, and need to plan around childcare, meal time, or work and school. To boost attendance, KTUA will incentivize exciting giveaway items outlined in the Outreach Plan through an opportunity drawing. Incentives can include gift certificates to Food 4 Less, Lowes, Target, to help finance essential items for underserved populations as well as mom and pop restaurants to support local economic growth.

Group activities for traditional workshops

TOWN SPONSORED EVENTS
To draw in community members at pop-up events, KTUA
will provide exciting and educational activities. KTUA has fun, age-friendly activities such as a Build-A-CompleteStreet magnet board that allows people to turn a car-centric street into a complete street. KTUA would like to develop new activities that are highly engaging. One option is to design and develop a remote-control traffic calming course that allows participants to experience the roadway in a safe controlled environment, which KTUA staff has experience designing. An activity idea for the younger children is to develop a small-scale “Safety Town’’ that allows kids to practice crossing the street with mid-block crossings and curb extensions in a safe, controlled environment away
from the street.

The team will also decorate the booth with eye-catching materials such as a parklet to incentivize people to linger, bubble machine, music, prize wheel, and safety swag such as reflective wrist slappers, bike bells, and bike lights.

These items paired with the innovative activities highlighted above will ensure the Town Wide Complete Street booth is a fun spot where people want to partake and
share their input.

Remote control car course
Complete streets magnet board
TASK 5: ADVISORY COMMITTEE MEETINGS
The Town and KTUA team, led by LSC will recruit an Advisory Committee composed of representatives from the community and its vulnerable areas. These members may
include, but are not limited to agencies such as Caltrans, SBCTA, Town staff, AVUSD, Victor Valley Transit (VVT),
and the City of Victorville. The goal will be to provide input on data collection methods, community meeting
locations and topics, and proposed alternatives. LSC will conduct its due diligence to recruit a well-rounded and informative committee. The Advisory Committee will meet quarterly to discuss project milestones, outreach stratePage 61 of 202 Exhibit “A-11
gies, and analyze collected data. KTUA is recommending
a total of six (6) meetings, with two in-person and the remaining four virtual to accommodate agency representatives further away. The first introductory meeting and one more during the recommendations phase will be an
in-person meetings.

TASK 6: PRIORITY PROJECTS CONCEPTUAL DESIGN
Priority projects will be based on the criteria in the
existing conditions report and the input collected from community members, stakeholders, and Town staff. Once
priority projects have been identified, the Town and the KTUA team will select six (6) projects that will be brought to the conceptual design level. The conceptual designs
for the priority projects will align with the goals of serving disadvantaged communities, increasing the safety and accessibility of pedestrian and bicycle facilities, and increasing transit accessibility and placemaking opportunities.

The conceptual design will include concept level plans, 3D sketches, and site photos and will be provided to the Town in DWG format and compatible supporting GIS data
will be provided.

It is important to fully understand the impact that improvements have on accessibility, as both residents and businesses will need to be provided with appropriate
ADA connections. As to the specific approach to accomplishing an initial conceptual design, there are some key steps that will be followed to ensure a thorough, quality design. Key steps are as follows for the development of this initial design:
• In the schematic design phase, the KTUA team will lay out the various improvements that have been voiced
through the community engagement process. This will
be the basis of improvements for the initial conceptual design and alternatives.
• Gather all existing street right-of-way, lane, and median widths and bicycle and pedestrian facilities, street tree locations, and bus stops and plot them in AutoCAD. This will be based on a combination of record drawings, field observations, and surveys.
• Plot recommendations for bicycle facilities, pedestrian, transit, and placemaking improvements.
• Clearly identify all removals, such as old pavement,
obsolete curbs, and sidewalk sections that are to be
replaced with new facilities.
• Perform conflict checks to assure that any necessary, unavoidable utility relocations are clearly identified. • Prepare a cost estimate to understand funding required and benefit-cost.

Example priority project concept design
The KTUA team has a deep bench of planning and designing complete streets and active transportation corridors to serve key destinations such as schools, housing, employment and commercial centers, and other community facilities, especially to underserved and disadvantaged communities. The team has developed the knowledge
and expertise essential to designing improvements that
facilitate access, connectivity and safety for all users and all modes. Their designs incorporate NACTO and other Complete Street guidelines, as well as nationwide best practices and innovations. The team’s detailed design experience provides them the knowledge to develop conceptual
designs that are feasible and implementable accounting
for right of way, topographic, drainage, utility constraints, geotechnical data, and any other information required to ensure constructability, items that are often overlooked but that will be critical for speeding up the implementation process. Feasibility is key so when the client applies for grants and then designs and builds the final product, the projects will be easy to implement.

WAYFINDING SIGNAGE CONCEPTS
As an added value, and to promote the changes along the corridor, KTUA will provide up to three (3) conceptual sign designs (consistent with Apple Valley’s existing signage styles) and recommendations for improvements in wayfinding signage including, but not limited to:
• Amenities/Destination Directional Signs
• Pedestrian Directional Signs
• Bicycle Routes Signs
KTUA has designed and implemented signage and wayfinding for parks, military installations, and bikeway facilities and will bring our expertise and design experience to this project. Wayfinding is key to bringing the whole corridor theme and concepts together, instilling pride for those that live, work and play in Apple Valley.

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Exhibit “A-12
Conceptual designs may include, but not limited to:
• Transit, bicycle and pedestrian focused
• May include protected bikeways, enhanced pedestrian
crossings, and transit amenities like smart bus stops, and ADA improvements
• Traffic calming focused, both vertical and horizontal traffic calming
• May include elements of the transit, bicycle, and pedestrian focused elements in conjunction with traffic calming elements such as traffic circles
• Placemaking focused
• May include elements of the previous focus alternatives with more urban greening elements such enhanced streetscape, gateway monuments, lighting, public art, and wayfinding options. Given the dry climate of Apple Valley, native species with low water
requirements and aesthetic features such as colored
aggregate may be used.

The goal is to provide alternatives based on community input and come to a consensus on one preferred alternative once the community and business stakeholders are able to visually see what the corridor may look like. These alternatives will consider any changes brought forth from other planning efforts such as the General Plan update, including any land use changes.

As previously mentioned, the KTUA team will provide 3D
Renderings as part of the deliverables. Illustrations will be presented in the form of cross sections, plan views, 3D renderings, illustrations and summary matrices, accompanied by more detailed technical descriptions and explanations.

KTUA will prepare necessary conceptual renderings to
effectively convey the proposed project features to stakeholders and the community.

Due to KTUA’s involvement in many active transportation and complete streets projects, models have already been created for similar recommendations so renderings can be reused and enhanced for quick turnaround times. Given
these time savings, KTUA will create high quality 3D schematic cross-sections for each alternative utilizing the firm’s vast library of 3D content as well as any building massing of possible future land use changes.

DEVELOPING PRELIMINARY COST ESTIMATE FOR EACH

CORRIDOR IN APPLE VALLEY
Upon approval of the alternative concepts, the KTUA team will prepare planning level cost estimates for the priority project corridors. The KTUA team has extensive experience developing cost estimates at all levels of design. The team understands the importance of accurate costs to allow agencies to effectively program improvements and obtain grant funding. To develop a preliminary cost estimate, the KTUA team will generate a list of construction items and determine the quantity of each item based on the site Example 3D rendering
Examples of KTUA designed wayfinding - Temecula
Bikeway and Trail Plan

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Exhibit “A-13
condition and their experience on previous projects. When preparing budgetary and construction cost estimates,
actual costs of recently completed similar projects will be used as a baseline estimate and update unit prices using information received recently from contractors, manufacturers, and suppliers in order to prepare the final construction cost estimates. Recent inflation rates have been the highest they have been in decades, adding to the importance of using contemporary figures and comparing with recently completed projects for cost estimating. Additionally, actual bids will be reviewed against their cost estimates to ensure their cost data remains current.

ACTIVE TRANSPORTATION AND GREEN STREET TOOLBOX
A Green Street is a street transformed and designed to
intercept rainwater and runoff, clean that water through soil and vegetation, and allow it to percolate and return to the earth naturally. KTUA has been at the forefront of Green Streets planning, having completed award winning
urban greening plans for the San Diego neighborhood
of City Heights, as well as the cities of Pico Rivera and Placentia. Given that Apple Valley is located in the high desert with low precipitation, designing around water will be of key importance. With the State’s drought issues and need to capture storm and rainwater for irrigation and
other needs, KTUA will include a section on best practices for Green Street design that includes strategies and design features that may be included in the Apple Valley corridor designs. In addition, by implementing Green
Street designs, the Town will open additional avenues
for funding opportunities through stormwater and urban
greening grant programs. Corridors in Apple Valley, businesses, residents, visitors, and the environment would benefit greatly from including multi-function street design elements where possible.

KTUA will create an Active Transportation and Green Street Toolbox that provides facility definitions and applicability guidance for the wide array of bicycle, pedestrian, and urban greening treatment needs specific to the corridor.

This will include a visual glossary and short, easily understandable descriptions of each treatment. KTUA has extensive background developing such design guidelines and standards, ranging from national guidance to Town specific guidance. The format, language, and visuals of the Toolbox will be broadly applicable to common situations throughout the Town of Apple Valley.

Example of an Urban Greening Toolbox
TASK 7: DRAFT AND FINAL PLAN

DRAFT APPLE VALLEY TOWN WIDE COMPLETE STREETS

ACTION PLAN
A Draft Plan will be developed, which will include a matrix of priority or phased projects that also includes the criteria used; 30% conceptual designs, 3D renderings, cost estimates and phased implementation plan for addressing the improvements and summary of community engagement.

Plan will also identify next steps including environmental work, permitting, and preliminary engineering. As an added-value extra deliverable, the KTUA team will develop a latest-and-greatest funding matrix to list and explain the grants available to Apple Valley, which should facilitate implementation and construction of the priority projects.

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Exhibit “A-14

PRESENTATION OF DRAFT PLAN
The KTUA team will present the Draft Plan to key stakeholders, including Town staff, Town Council, San Bernardino County Transportation Authority (SBCTA), and Caltrans in two meetings. The team will gather feedback from all stakeholders and make edits and changes to the plan, as needed, for a total of two rounds of revisions, and then complete the Final Plan.

FINAL APPLE VALLEY TOWN WIDE COMPLETE STREETS

ACTION PLAN
The KTUA team will develop the Final Plan for review and approval by the Town Council and Caltrans. The meeting
will be promoted to the Town over social media and other available outlets and the community will be encouraged to attend these open, public meetings, to provide final comments on the Plan. The KTUA team will invite Caltrans staff to a Final Plan presentation and acknowledge Caltrans for making the planning effort possible.

TASK 8: COUNCIL REVIEW AND ADOPTION
Once the Final Plan is deemed complete, an item will be placed on the Town Council agenda for a publicly held
meeting. The KTUA team will make sure the document
is given to the Town Council for final review no less than ten days prior to the meeting, and a project team member will be available to answer questions prior to and at the scheduled meeting. If all goes well, the Town Council will officially vote to adopt the Plan and incorporate it into the Town’s planning documents, opening the door to pursuing grants for the corridors and implementing them across the Town.

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Exhibit “A-I-1”
EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES

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Exhibit “A-I-2”

1. Award No.
693JJ32340142

4. Award To

2. Effective Date
See No. 17 Below

5. Sponsoring Office

3. Assistance
Listings No.

20.939
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
Unique Entity Id.: XF9TMFLSDCN5
TIN No.: 33-0338303
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590

6. Period of Performance
24 months from effective date of
award

7. Total Amount
Federal Share:

Recipient Share:

Other Federal Funds:

Other Funds:

Total:
$600,000.00
$150,000.00
$0
$0
$750,000.00

8. Type of Agreement
Grant

10. Procurement Request No.

HSSP230245PR

12. Submit Payment Requests To
See article 20.

9. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117-58, November 15,
2021; also referred to as the "Bipartisan
Infrastructure Law" or "BIL")

11. Federal Funds Obligated
$600,000.00

13. Payment Office
See article 20.

14. Accounting and Appropriations Data
15X0173E50.0000.055SR10500.5592000000.41010.61006600

15. Description of Project
The Town is seeking to develop a Complete Streets Plan focusing on correcting the imbalance of access to opportunities in the area. The Plan will recommend improvements that will help the underserved populations save on transportation costs, such as vehicle maintenance and fuel, by walking, biking, or using public transit. Once complete, the Plan will provide a list of long and short-term solutions that will increase equity while promoting safety in disadvantaged neighborhoods. Recommended projects will be incorporated into the Town's annual budget, and the Plan will be used as a first-look document when grant opportunities arise.

The Plan will provide strategies to eliminate transportation barriers and increase equality and opportunity. The proposed project will bridge the gap between residents and businesses, connecting a growing service industry to an employee base ready to work. The Plan will also provide increased capacity to improve safety conditions for all users; create a healthy and livable community by

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Exhibit “A-I-3”
reducing congestion, thereby reducing greenhouse gas emissions; and improve safety response times for emergency vehicles on the rewgnized emergency routes as well as improve public transit services for the entire community.

RECIPIENT

16. Signature of Person Authorized to Sign

FEDERAL HIGHWAY ADMINISTRATION

17. Signature of Agreement Officer
Name: Douglas B. Robertson
Date

RYAN ALLEN
MAVIS
Signature
Name: Ryan Mavis
Digitally signed by RYAN ALLEN
MAVIS
Date: 2023.08.07 09:18:30 -06'00'
Date
Title: Town Manager Title: Agreement Officer

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Exhibit “A-I-4”
U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the Federal Highway Administration (the “FHWA”) and the Town of Apple Valley (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Town of Apple Valley Complete Streets Plan.

The parties therefore agree to the following:

ARTICLE 1

GENERAL TERMS AND CONDITIONS

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program,” dated February 8, 2023, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements. Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions.

Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27).
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.

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Exhibit “A-I-5”
ARTICLE 2

APPLICATION, PROJECT, AND AWARD

2.1 Application.

Application Title: Town of Apple Valley Complete Streets Plan Application Date: 9/15/2022

2.2 Award Amount.

SS4A Grant Amount: $600,000.00

2.3 Award Dates.

Period of Performance End Date: See Section 6 on Page 1

2.4 Budget Period
Budget Period End Date: See Section 6 on Page 1

2.5 Action Plan Grant or Implementation Grant Designation.

Designation: Action Plan

2.6 Federal Award Identification Number. The Federal Award Identification Number is listed on page 1, line 1.

ARTICLE 3

SUMMARY PROJECT INFORMATION

3.1 Summary of Project’s Statement of Work.

The award will be used by the Town of Apple Valley to develop a comprehensive safety action plan.

3.2 Project’s Estimated Schedule.

ACTION PLAN SCHEDULE
Milestone Schedule Date
Planned Draft Action Plan Completion Date: February 14, 2025 Planned Action Plan Completion Date: April 26, 2025
Planned Action Plan Adoption Date: May 14, 2025
Planned SS4A Final Report Date: May 30, 2025

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Exhibit “A-I-6”

3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $600,000.00
Other Federal Funds:: $0
State Funds: $0
Local Funds: $150,000.00
In-Kind Match: $0
Other Funds: $0
Total Eligible Project Cost: $750,000.00
(b) Supplemental Estimated Budget
Cost Element Federal Share Non-Federal Share Total Budget Amount
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00
Contractual/Consultant $600,000.00 $150,000.00 $750,000.00 Other $0.00 $0.00 $0.00
Indirect Costs $0.00 $0.00 $0.00
Total Budget $600,000.00 $150,000.00 $750,000.00
ARTICLE 4

RECIPIENT INFORMATION

4.1 Recipient’s Unique Entity Identifier.

XF9TMFLSDCN5

4.2 Recipient Contact(s).

Julie Ryan
Special Projects Manager
Town of Apple Valley

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Exhibit “A-I-7”
14955 Dale Evans Parkway
Apple Valley, CA 92307
760-240-7000 ext. 7055
[email protected]

4.3 Recipient Key Personnel.

Name Title or Position
Julie Ryan Special Projects Manager
Rich Berger Project Manager

4.4 USDOT Project Contact(s).

Darren Thacker
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.

Washington, DC 20590
(202) 366-6409
[email protected]
and
Ashley Cucchiarelli
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33
12300 W Dakota Ave
Lakewood, CO 80228
(720) 963-3589
[email protected]
and
Vince Mammano
Agreement Officer’s Representative (AOR)
Division Administrator
FHWA California Division Office
650 Capitol Mall, Ste. 4-100

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Exhibit “A-I-8”
Sacramento, CA 95814 916-498-5015
[email protected]
and
Maria Bhatti
California Division Office Point of Contact
Safety Program Manager
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
916-498-5002
[email protected]
ARTICLE 5

USDOT ADMINISTRATIVE INFORMATION

5.1 Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.

Note: This clause is only applicable to Action Plan Grants.

Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval of each subaward or contract is contingent upon the Recipient’s submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/subrecipient. Consent to enter into subawards or contracts will be issued through written notification from the AO or a formal amendment to the Agreement.

The following subawards and contracts are currently approved under the Agreement by the AO.

This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause.

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Exhibit “A-I-9”
(Fill in at award or by amendment)

5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI eInvoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the AO may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer’s Representative (the “AOR”) reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment.
(e) The USDOT may waive the requirement that the Recipient use the DELPHI eInvoicing System. The Recipient may obtain waiver request forms on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the AO. A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management
US Department of Transportation,
Office of Financial Management B-30, Room W93-431
1200 New Jersey Avenue SE
Washington DC 20590-0001
or
[email protected].

If the USDOT grants the Recipient a waiver, the Recipientshall submit SF 271s directly to:

DOT/FAA
P.O. Box 268865
Oklahoma City, OK 73125-8865
Attn: Agreement Specialist

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Exhibit “A-I-10”
(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.

ARTICLE 6

SPECIAL GRANT TERMS

6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section [wherever the date it is in this agreement].

6.2 The Recipient acknowledges that the Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on a publicly available website.

6.3 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.

6.4 There are no other special grant requirements for this award.

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Exhibit “A-I-11”

ATTACHMENT A

PERFORMANCE MEASUREMENT INFORMATION
Study Area: The Town of Apple Valley
Baseline Measurement Date: 01/01/2024
Baseline Report Date: 01/01/2024
Table 1: Performance Measure Table
Measure Category and Description Measurement
Frequency
Equity
Percent of Funds to Underserved
Communities: Funding amount (of total
project amount) benefitting underserved
communities, as defined by USDOT
End of period of
performance
Costs
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
End of period of
performance
Lessons Learned and
Recommendations
Lessons Learned and Recommendations:

Description of lessons learned and any
recommendations relating to future
projects of strategies to prevent death and
serious injury on roads and streets.

End of period of
performance

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Exhibit “A-I-12”

ATTACHMENT B

CHANGES FROM APPLICATION
INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of this attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See section 10.1.

Scope: N/A
Schedule: N/A
Budget: N/A
The table below provides a summary comparison of the project budget.

Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs

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Exhibit “A-I-13”

ATTACHMENT C

RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.

The Recipient states that rows marked with “X” in the following table are accurate:

A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
X
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) X
The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below.

The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in the supporting narrative below
The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.

2. Supporting Narrative.

One of the primary focus areas will be to identify barriers to mobility in disadvantaged communities and communities of color. Subsequently, capital projects recommendations will be incorporated into the final action plan and become priority projects in the Town’s budget.

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Exhibit “A-I-14”
Analysis of existing conditions and historical trends will be completed to provide a baseline level of crashes involving fatalities and serious injuries throughout the Town of Apple Valley. This analysis will include locations where there are crashes and the severity of the crashes, as well as contributing factors and crash types by relevant road users (motorists, people walking, transit users, etc.). Analysis of systemic and specific safety needs will also be performed, as needed (e.g., high-risk road features, specific safety needs of relevant road users, public health approaches, analysis of the built environment, demographic, and structural issues, etc.).

A robust engagement with the public and relevant stakeholders, including the private sector and community groups, will allow for both community representation and feedback. Information received from engagement and collaboration will be analyzed and incorporated into the Action Plan.

Plan development will use inclusive and representative processes. Underserved areas of the Town will be identified through data and other analyses in collaboration with our partners, such as service and faith-based groups who provide essential services to underserved communities. Each will have the opportunity to provide feedback, express concerns, and recommend solutions. By including a diverse group of stakeholders, the Town will have the opportunity to gain critical insight into safety concerns and barriers, resulting in a Plan that reflects the entire community. The Plan will further recommend improvements that will help the underserved populations save on transportation costs, such as vehicle maintenance and fuel, by walking, biking, or using public transit.

Identification of these comprehensive set of projects and strategies, shaped by the data, the best available evidence and noteworthy practices, as well as stakeholder input and equity considerations, will address the safety problems described in the Action Plan. The Town will use the strategies and countermeasures that best focus on a Safe System Approach, effective interventions, and consider multidisciplinary activities.

Once complete, the Plan will provide a list of long and short-term solutions that will focus on infrastructure, behavioral, and/or operational safety, and increase equity while promoting safety in disadvantaged neighborhoods.

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Exhibit “A-I-15”

ATTACHMENT D

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS

1. Consideration of Climate Change and Environmental Justice Impacts.

The Recipient states that rows marked with “X” in the following table are accurate:

X The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)
The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.)
X The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)
The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)
X
The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)
X The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)
The Project supports or incorporates the construction of energy- and locationefficient buildings. (Describe how in the supporting narrative below.)

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Exhibit “A-I-16”
X The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)
The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below.

The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in the supporting narrative below.

The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.

2. Supporting Narrative.

The Town recently updated its General Plan to guide future development and economic growth.

A recent amendment to this planning effort included zoning of approximately 3.6 percent, or 6,600 acres, within the Plan Area for photovoltaic solar energy projects. The adoption of the General Plan also included the development and adoption of a Climate Action Plan. The Climate Action Plan includes general information about greenhouse gases and climate change, assumptions and data used to determine the 2005 inventory and baseline, the 2020 forecast under business-as-usual conditions, and the proposed reduction measures that will enable the Town to achieve the targeted reduction level, thereby doing its part to limit greenhouse gas emissions statewide that contribute to climate change.

In 2007, Apple Valley began preparing its own Multispecies Habitat Conservation Plan/Natural Community Conservation Plan (MSHCP /NCCP). It is being developed as a companion document to the General Plan to guide the Town's conservation efforts-allowing the Town to preserve open space, protect threatened and endangered species, and maintain its high-desert character. Apple Valley envisions that the General Plan and MSHCP /NCCP will work together and provide greater local control to ensure that the Town's vision for a "Better Way of Life" is achieved. Because of this, the Town has been working closely with the wildlife agencies, County planning staff, and seeking stakeholder input throughout its planning efforts.

Apple Valley's MSHCP /NCCP Plan Area is within the Desert Renewable Energy Conservation Plan's (DRECP) Plan Area. Although the Town's planning effort stretches from Stoddard Wells in the north to the San Bernardino Mountains in the south, and from the Granite Mountains in the east to the Mojave River in the west, it is significantly smaller than the DRECP' s. The Town's planning area covers approximately 227,000 acres (354 square miles), which includes its approximately 170,000-acre (265-square mile) Plan Area and identifies an additional 57,000 acres (89 square miles) of critical north-south and east-west linkages that extend beyond the MSHCP /NCCP boundaries. The Town has devoted significant time and resources to understand its planning area: its resources, its current uses, and its future opportunities.

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Exhibit “A-I-17”
The Project avoids adverse environmental impacts to air quality by identifying opportunities for residents to walk and bike to locations, subsequently, reducing vehicle miles traveled on local roads.

The Plan will include the use of recyclable materials in infrastructure improvements where available and greatly needed. The use of recyclable material is also noted in the Town Green Purchasing Policy.

The Plan will also provide increased capacity to improve safety conditions for all users; create a healthy and livable community by reducing congestion, thereby reducing greenhouse gas emissions; and improve safety response times for emergency vehicles on the recognized emergency routes as well as improve public transit services for the entire community.

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Exhibit “A-I-18”

ATTACHMENT E

LABOR AND WORKFORCE

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:

X
The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)
The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)
The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)
The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)

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Exhibit “A-I-19”
X
The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color;
c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
(Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below.

The Recipient has not taken actions related to the Project to improving goodpaying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

Annually, the Town receives federal Department of Housing and Urban Development (HUD) dollars to help meet certain community development objectives. A percentage of these dollars are used to fund economic development programs that help increase employment opportunities, and improve public facilities and parks, for example. A smaller percentage is distributed to local “public services” (non-profit and charity organizations), where the dollars are used to meet basic community needs including:

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Exhibit “A-I-20”
• Provide homeless assistance and decent, affordable housing. • Improve accessibility, mobility, and transportation services. • Promote economic opportunities and benefit low- and moderate-income persons. • Aid in the prevention or elimination of slums and blight; and • Meet other community development needs having a particular urgency.

To receive Community Development Block Grant (CDBG) funding, the Town must develop and submit the following documents:
• Consolidated Plan: a five-year planning tool that provides an assessment of the community’s needs, proposes strategies to address those needs and identifies specific activities to implement those strategies.
• Annual Action Plan: a yearly plan that identifies the specific activities and projects to be undertaken with CDBG funds during that program year.
• Consolidated Annual Performance and Evaluation Report (CAPER), which highlights the Town’s completion of projects and activities as outlined within the Consolidated Plan and Action Plans and the annual CDBG expenditures; and
• Analysis of Impediments (AI)
The Plan will further provide strategies to eliminate transportation barriers and increase equality and opportunity. The proposed project will bridge the gap between residents and businesses, connecting a growing service industry to an employee base ready to work.

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Exhibit “A-I-21”

ATTACHMENT F

CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE

1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats.

The Recipient states that rows marked with “X” in the following table are accurate:

The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities.

The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security.

X The Recipient complies with 2 CFR 200.216 and the prohibition on certain telecommunications and video surveillance services or equipment.

For projects in floodplains: The Recipient appropriately considered whether the project was upgraded consistent with the Federal Flood Risk Management Standard, to the extent consistent with current law, in Executive Order 14030, Climate-Related Financial Risk (86 FR 27967), and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Solicit and Considering Stakeholder Input (80 FR 6425).

2. Supporting Narrative.

For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment, if needed, will comply with 2 CFR 200.216 and the prohibition.

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Exhibit “B”-1
EXHIBIT "B"

SCHEDULE OF SERVICES

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Exhibit “B”-2

APPLE VALLEY TOWN WIDE COMPLETE STREETS

ACTION PLAN
2024 2025
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
Task 1: Project Management and Communications

1.1 project Kick-off Meeting

1.2 regular project Management Meetings

1.3 Monthly reporting/invoicing

1.4 Staff coordination

1.5 project closeout Files
Task 2: Existing Conditions

2.1 collect and analyze accident data using SWiTrS/TiMS

2.2 collect and analyze accident data using local police Department accident reports

2.3 conduct interviews with local law enforcement and fire department personnel for historical and personal observations of problem areas, accident frequency and types

2.4 conduct 6-8 interviews with individual property owners in key areas with personal observational data regarding problem areas, accident frequency and types.

2.5 perform Literature review and write up the results of review

2.6 Develop existing conditions summary and chapter for final report

2.7 create stakeholder list

2.8 Develop surveys

2.9 Disseminate surveys

2.10 perform Field Observations
Task 3: Analysis

3.1 Develop Draft project Goals and Objectives

3.2 produce replica Analysis of Apple valley

3.3 Develop Final project Goals and Objectives

3.4 identify countermeasures and project Opportunities

3.5 Gather information through data collection and public outreach; use data to guide in selecting and prioritizing countermeasures

3.6 prepare Benefit cost Analysis for each proposed capital improvement and proposed alternative

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Exhibit “B”-3

APPLE VALLEY TOWN WIDE COMPLETE STREETS

ACTION PLAN
2024 2025
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
Task 4: Public Outreach

4.1 Develop Outreach plan

4.2 Two (2) in-person community based meetings

4.3 Three (3) pop-up events events

4.4 One (1) meeting to present draft plan to Town council

4.5 provide materials at Events

4.6 Flyers, Announcements, and Social Media

4.7 Develop and disperse announcements for community meetings

4.8 Develop bilingual survey that can also be reached via an online portal

4.9 create project webpage

4.10 conduct direct mail campaign to key stakeholders and residents of disadvantaged communities
Task 5: Advisory Committee Meetings

5.1 identify and recruit an Advisory committee, create List of attendees

5.2 Quarterly committee Meetings (6 meetings)

5.3 Develop Advisory committee Agendas, meeting notes, and summary Task 6: Priority Projects Conceptual Design

6.1 priority Area identification

6.2 prepare six (6) preliminary engineering concepts, identify topography, drainage, utilities, right of way, geotechnical data to ensure constructability

6.3 review of concepts

6.4 Develop cost Estimates and phased implementation plan

6.5 Draft and Final Funding Source Matrix
Task 7: Draft and Final Plan

7.1 prepare Draft plan

7.2 One (1) meeting to present the Draft plan to key stakeholders

7.3 prepare Final plan

7.4 One meeting to present Final complete Streets plan to city council and caltrans Task 8: Council Review and Adoption

8.1 prepare complete Streets plan presentation

8.2 present complete Streets plan to city council

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Exhibit “C”-1
EXHIBIT "C"

COMPENSATION
Apple Valley Complete Streets Plan
Grand Totals
Per Task
1 Project Management and Communications $ 96,062.00
2 Existing Conditions $ 98,748.00
3 Analysis $ 80,405.00
4 Public Outreach $ 166,909.00
5 Advisory Committee Meetings $ 49,880.00
6 Priority Projects Conceptual Design $ 160,300.00
7 Draft and Final Plan $ 94,810.00
8 Council Review and Adoption $ 2,800.00
Grand Total $ 749,914.00

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Town Council Agenda Report
Date: November 14, 2023
To: Honorable Mayor and Town Council
Subject: APPROVE THE SEWER LIFT STATION IMPROVEMENT
AGREEMENT AND SECURITIES FOR TRACT MAP NO. 17247
From: Douglas Robertson, Town Manager
Submitted by: Michael Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve the agreement and securities, subject to approval as to form by the Town Attorney and as to content by the Town Manager, for the sewer lift station improvement yet to be completed. The agreement and securities will remain in effect until this public improvement within Tract Map No. 17247 is complete and eligible for the one-year maintenance period to begin. Per the agreement, the Developer has two years to complete the lift station.

BACKGROUND
On February 28, 2023, the Council approved new agreements and security bonds for various improvements except for a proposed sewer lift station which was recently deemed necessary for the tract. LGI Homes Corporate, LLC., the new developer, is requesting approval of an additional agreement and securities for the required sewer lift station improvement yet to be completed to Town standards.

ANALYSIS
The following is a summary of the new securities with its amounts to secure the remaining work to be completed:

Performance Labor and Materials
Sewer Lift Station $756,000 $378,000

FISCAL IMPACT
There is no Fiscal Impact to the Town, the Developer is paying all cost.

ATTACHMENTS
Location Map

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Tract Map No. 17247

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Town Council Agenda Report
Date: November 14, 2023
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR THE APPLE VALLEY GOLF COURSE

AND COMMUNITY CENTER ACCESSIBILITY PROJECT

From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Supervisor Housing and Community Development
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. Accept the work completed by KNC Construction, Inc. as part of the Apple Valley Golf Course and Community Center Accessibility Project for a total contract cost of $1,606,880.33.

B. Direct the Town Clerk to file the Notice of Completion for the contracted work.

C. Direct the Director of Finance to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

BACKGROUND
The Apple Valley Golf Course and Community Center is located at 15200 Rancherias Road (APN 3112-101-35). The golf course had been privately owned and operated since 1948, and, in September 2008, the Town purchased the club to ensure it remained open to residents. The golf course and its adjacent facilities required accessibility upgrades to bring the building into compliance with the Americans with Disabilities Act (ADA).

Staff worked with MOA Architecture, and their CASp certifed staff, to design plans to meet ADA compliance. The project included exterior accessibility upgrades to the parking areas, tennis courts, golf course restrooms at holes 5 and 15, and construction of new accessible pathways to entry doors and outdoor patio area. Interior upgrades were made to the buildings main restrooms, the Llyod Mangrum room, the interior concrete ramp

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leading to the dining area, and the front and rear doors. Lastly, the project included the installation of two accessible water stations at the tennis courts and near the pro shop.

During the course of construction, the contractor encountered several unforseen circumstances once the walls and flooring were exposed. Some of the change orders consisted of additional asbestos abatement, underground electrical and plumbing adjustments and replacements, and modifications to the original plans as construction progressed. The Change Orders were submitted and approved to ensure project completion and compliance with the American with Disabilities Act.

ANALYSIS
Town staff inspected the project area and has deemed the work to be complete and acceptable. The work was also inspected by the CASp design firm, MOA, who verified the work was complete and all improvements were ADA compliant.

FISCAL IMPACT
Funding for this project has been appropriated in the 2022-2023 program year budget using Community Development Block Grant (CDBG) funding. The initial project cost was $1,304,538.00. During the course of demolition and construction, KNC submitted change orders in the amount of $302,342.33, with a final contract amount of $1,606,880.33.

ATTACHMENTS

1. Notice of Completion

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Recording Requested by:

Town of Apple Valley
When Recorded mail to:

Town of Apple Valley
Town Clerk’s Office
14955 Dale Evans Parkway
Apple Valley, CA 92307
FOR RECORDER’S USE ONLY
Notice of Completion
This document is recorded at the request of and for the benefit of the Town of Apple valley, California, and is therefore exempt from the payment of the recording fee pursuant to Government Code Section 27383 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation code 11922.

NOTICE IS HEREBY GIVEN, that

1. The undersigned, Orlando Acevedo, is the duly appointed and qualified Assistant Town Manager of the Town of Apple Valley, a municipal corporation of the State of California, and which is located within the County of San Bernardino, in said State, and the address of the undersigned is 14955 Dale Evans Parkway, Apple Valley, California 92307.

2. That on the 14th day of February 2023, and pursuant to approval of the Town Council of the said Town, the Town entered into a contract with KNC Construction Inc. 12277 Apple Valley Rd. Apple Valley, CA 92307 for the Golf Course and Community Center Accessibility Project in the Town of Apple Valley in accordance with the Town of Apple Valley's Plans and Specifications.

3. That all of the said work or improvement was located on APN 3112-101-35, within the Town of Apple Valley.

4. That all of the said work or improvement contemplated in and under said contract was completed, and accepted by Council action, on November 14, 2023.

5. That the Surety on the Performance Bond of said Contractor and the surety on the Labor and Material Bond of said Contractor, under said contract, was and is $1,606,880.33 and $1,606,880.33.

6. Owners - Town of Apple Valley.

7. Nature of Interest – In fee/easement.

The undersigned, being the first duly sworn, says: That he is the duly appointed and qualified Assistant Town Manager of the Town of Apple Valley, the political subdivision of the state of California which conducted the proceedings for the improvement located at 14955 Dale Evans Parkway, in said Town, described or referred to in the foregoing Notice; and that he has read the foregoing "Notice of Completion;" and knows the contents thereof, and that the facts recited therein are true.

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I certify under penalty of perjury the foregoing is true and correct.

Apple Valley, CA. November 14,2023
Orlando Acevedo, Assistant Town Manager of the Town of Apple Valley, California

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
TOWN OF APPLE VALLEY )ss.

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Town Council Agenda Report
Date: November 14, 2023
To: Honorable Mayor and Town Council
Subject: AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT

From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Supervisor Housing and Community Development
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a contract to Sicilianos Construction Inc. for the Residential Rehabilitation Loan Program H24-02, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

BACKGROUND
Apple Valley administers grants funds allocated each year by the U.S. Department of Housing and Urban Development and office of Community Planning and Development toward the Residential Rehabilitation Loan Program (RRLP) to assist low-moderateincome households with health, safety, ADA improvements, deferred maintenance and to preserve the housing stock within the Town. To comply with the regulations of these federal agencies, the Town must address all health and safety deficiencies and meet Housing Quality Standards regulations.

Applicant Case No. H24-02 applied for the Residential Rehabilitation Loan Program (RRLP) on July 20, 2023, and was administratively approved on August 24, 2023. In accordance with program regulations, a procurement process is required, and a job walk was conducted on October 12, 2023, with two (2) qualified contractors present.

On October 24, 2023, staff received four (2) complete bids. The bid results were as follows:

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Contractor Base Bid Price

1. J.Allison Construction $84,225.00

2. Sicilianos Construction Inc. $69,920.00
Once awarded, the contractor will be responsible for providing the necessary labor, equipment, and materials to complete the project as detailed in the work write-up bid documents. Project shall be completed within 30 working days.

Environmental Review – A required Environmental Review was completed and determined to be Categorically Excluded Subject to Section 58.5 pursuant to CFR

58.35(a). Due to the age of the property, required lead and asbestos testing was completed.

ANALYSIS
The work write-up which contain the scope of work was prepared by Charles Abbort and Associates (CAA). Staff reviewed the submitted bid submissions for completeness and considers Sicilianos Construction Inc. to be the lowest, qualified, responsible and responsive bidder.

The Town offers Residential Rehabilitation Loans up to $75,000. However, in order to meet Housing Quality Standards, under the HOME program, there were a number of direct and indirect health and safety items that need to be addressed. As project mangers, staff will work with the applicant and Sicilianos Construction Inc. to address priority items first. A contigency in the amount of $5,080.00 is set aside in the event that unforseen circumstances arise. The amount may increase or decrease by the contingency amount, but not to exceed the contract award amount plus contigency. Final loan amount will be determined at the end of the project and after all final inspections have been completed.

FISCAL IMPACT
Funding for this project has been appropriated in the 2023-2024 program year budget using the HOME Investment Partnership Program.

ATTACHMENTS

1. Owner-Occupied Housing Rehabilitation Program Construction Contract

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TOWN OF APPLE VALLEY

OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM

CONSTRUCTION CONTRACT
This Contract is made and entered into by and between:

H24-02 Sicilianos Construction Inc.

Owner Contractor
H24-02 18789 Albany St.

Property Address Contractor Address
Apple Valley, CA 92307 Hesperia, CA 92345
City, State and Zip Code City, State and Zip Code

14 day of November 2023

1. General Scope of Work. Contractor shall furnish all necessary labor, tools, materials, fixtures, and equipment and complete the work concerning the property located at Address, Apple Valley, CA 92307 in accordance with the work write-up with bid prices referenced as Attachment “A” (XX pages) of this Contract. Owner agrees to the scope of work identified in Attachment “A” and agrees that all loan funds received from the Town of Apple Valley (“Town”) shall be used solely for the purpose of completing items identified in Attachment “A”. Change Orders will not be accepted without prior written approval from Town Staff.

2. Payment of CDBG and HOME Funds. The Contractor shall be paid, for performance, the total sum of Sixtynine Thousand, Nine Hundred Twenty and 00/100 Dollars ($69,920.00). A maximum of two progress payments will be made that will include any amounts due under the Contract. Contractor's final request, which includes the 5% retention, and remaining contract amount must include a signed building inspection card, if a permit was required, and signed labor and materials' lien releases. Contractor agrees that the work shall be completed free from any and all liens and claims of artisans, materials, suppliers, subcontractors, laborers and any other party. Once the Contractor submits final inspection request, the Construction Manager will schedule a final inspection to ensure the work has been completed per the Scope of Work and meets all applicable Building Codes. The Construction Disbursement Form will be signed by the Construction Manager, Project Mangers, Contractor, Homeowner(s) and Program Director. All payments are subject to a “Net 30” payment window.

3. Time of Completion of the Project. No work shall be commenced by the Contractor until they have received a written Notice to Proceed from the Town, which shall be issued within 10 days after execution of this Contract. Owner shall have the job site ready for commencement of construction. Contractor shall commence work within ten (10) days after a receipt of a Notice to Proceed and shall complete the same within 30 working days after commencement, subject to permissible delays as described in part 14 hereof.

The projected final completion date is: December 28, 2023

4. Contractor's License. Contractor hereby affirms that he/she is ready, willing and able to perform the work required and will maintain in full force and effect, throughout the term of this Contract hereof, a State Contractor's License pursuant to the California Business and Professions Code. Neither the Town nor any of its representatives nor the Owner shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth.

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Contractor shall perform all services required herein as an independent contractor and shall remain at all times as to Town a wholly independent contractor with such obligations as are consistent with that role.

Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Town or Owner

5. Site Examination. Contractor hereby affirms that he/she has visited the Project site and examined for himself/herself the nature of all existing conditions. Contractor agrees to furnish all labor and materials necessary to prepare the site for execution of this Agreement.

6. Plans, Specifications and Permits. The Project will be constructed according to the Work Write-Up that was examined by Contractor prior to submitting a bid thereon and approved by Owner. Contractor shall obtain and pay for all building permits and licenses required to complete the work. Any drawings or sketches which may be attached to or furnished with the Work Write- Up are intended to clarify or further describe the job.

Because of the nature of work being done, some details of sketches or drawings may be “typical” and grades, dimensions and exact existing conditions may need to be verified at the job site. Unless specifically noted, all construction methods and materials used shall conform to the requirements of the Uniform Building Code as adopted by the Town. Any work done by the Contractor that is not in conformity with the Work Write-Up or applicable building codes shall be immediately repaired by Contractor, including the cost of labor, material and supplies prior to final payment.

7. Construction Inspections. Town shall be permitted to inspect work performed by Contractor to ensure that the work is performed in accordance with the provisions of this Agreement and applicable general and local law and codes. Town shall be permitted at all reasonable times to inspect and review all relevant data and records of Contractor. Contractor agrees to retain and provide to Town, access to any books, documents, papers and records for audit or examination for a minimum of three (3) years after final payment and all other pending matters relative to the performance of this Agreement are closed.

8. Workmanship. Compliance with the work write-up and all applicable building codes and regulations regarding materials, methods and assembly will not, in itself, assure acceptance of the construction. Of equal importance is good workmanship, the lack of which shall be sufficient cause to refuse acceptance of the construction. The Contractor warrants that all materials, fixtures and equipment furnished by the Contractor shall be new, of good quality, and of good title, and that the work shall be done in a neat and workmanlike manner. All manufacturers’ and suppliers’ written guarantees and warranties covering materials and equipment furnished under the Contract shall be delivered to the Owner(s) and Project Manager. The Contractor shall warrant all work and promptly remedy any defect in the work and shall pay for any damage to other work resulting therefrom, which may appear within a period of one year from the date of final acceptance of the work. The Owner(s) shall give notice of observed defects with reasonable promptness.

9. Lead Based Paint. The Contractor agrees not to use lead-based paint in the Contractor’s performance of this Contract. “Lead-based paint” means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight; per 24 CFR 35.86

10. Labor, Materials and Bonds. Contractor shall pay all charges for labor and materials incurred by Contractor and used in the construction of the project. Should Contractor fail to make the payments required, payments may be made on the behalf of Contractor and such amount shall be deducted from the total Contractor amount.

11. Changes to Contract. Owner may not require a contractor to perform extra or Change Order work without providing written authorization prior to the commencement of any work covered by the Change Order. In the event a change is required in the scope of work to be done, the Contractor shall prepare a change order indicating the change for addition, deletion, or deviation from the original construction contract. Said change order shall be signed by the Contractor and be approved in writing by the Owner and the Town before Contractor proceeds with the work. Contractor's failure to comply with requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment. Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new Change Order. The order must describe the scope of

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the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments, and the completion date.

12. Clean-up. Upon completion of each day's work, Contractor will remove debris and surplus material and leave the premises in a neat and clean condition.

13. Incorporated Documents to be Considered Complementary. The aforesaid Work Write-Up is incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, attached hereto, together with this written Agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written Agreement, the provisions of this written Agreement shall control.

14. Protection of Work and Equipment. Contractor shall, at all times, provide protection against weather, rain, wind, storms and heat so as to maintain all work, materials, apparatus and fixtures free from injury or damage. At the end of each day's work, all new work or existing improvements exposed and likely to be damaged shall be protected and the premises shall be secured. Any work damaged by failure to provide protection as required above shall be replaced with new work at Contractor's expense. It shall be the responsibility of the Owner to remove all personal property from the work area and to otherwise make the premises available to Contractor to perform the work described herein. IN THE EVENT THAT THE WORK WILL RENDER OWNER’S BATHROOM FACILITIES, INCLUDING TOILET, BATHTUB/SHOWER OR

WASH BASIN OR KITCHEN FACILITIES, INCLUDING SINK, REFRIGERATOR AND RANGE INOPERATIVE OR OTHERWISE UNAVAILABLE FOR A PERIOD EXCEEDING 24 HOURS, CONTRACTOR SHALL PROVIDE TEMPORARY FACILITIES ON THE PREMISES FOR USE BY OWNER.

15. Work Days. Any day of a normal workweek, Monday through Friday, except legal holidays.

16. Delays. The Owner and Contractor agree that the period of the contract may be extended, by mutual Contract, for good cause. Extensions shall be in writing, shall reference this Contract, shall be signed and dated by the Parties hereto, with a copy provided to the Housing Department Staff. Contractor will not be held responsible for failure to complete said work within the specified time if delay is due to strikes, conscription of property, government priority regulations, inclement weather conditions, Acts of God, capricious or unreasonable acts or omissions or noncompliance of Owner, or any other causes beyond his/her control. The Final Completion Date may be extended for delays caused by acts of God, acts of Owner or for any additional work requiring additional time, but only to the extent such additional time is set forth in writing.

17. Owner Responsibilities. During the time for performance for work under this contract, Owner shall not have other Contractors or workers on the premises without written permission of the Contractor. This restriction shall not apply if Contractor is in default under this Contract. While this contract is in force, Owner shall permit Contractor to use existing utilities such as light, heat, power and water to carry out and complete the work, and shall completely cooperate with Contractor to facilitate the performance of the work, including the removal and replacement of rugs, draperies, coverings, furniture, etc., as necessary. Contractor shall provide additional receptacles for trash and debris removal, based upon expected need at no additional cost to Owner.

18. Whole or Partial Destruction of Property. If the work provided for should, before completion, be wholly or partially destroyed by fire, defective soil, earthquake, or Acts of God, which Contractor could not have reasonably foreseen and provided against, then the loss so occasioned shall be sustained by Owner, provided, however, that any damage or destruction to Owner’s real or personal property caused by Contractor or his or her agents during construction shall be repaired and/or paid for by Contractor prior to final payment. In the event of whole or partial destruction of work provided, the Owner shall have the right to determine whether to complete construction. In the event Owner elects not to complete construction, the Contractor shall be provided payment for the work performed to the date of notification to Contractor to cease construction.

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19. Contractor Default. Should the Contractor, at any time during the progress of the work, refuse or neglect, without fault of the Owner, to supply sufficient materials or workers to complete the work hereunder within the time specified (due allowances being made for the contingencies provided for), Owner shall have the right to declare the Contractor in default. In such event, the Owner shall be responsible for providing written notice to the Contractor and a copy to the Town by registered mail of such default. If the Contractor fails to remedy such default within fifteen (15) days of mailing such notice, the Owner shall have the right to select one or more substitute contractors acceptable to the Town to finish the work. Per 2 CFR 200, the Town will review the findings by which, the Owner has identified and declared the Contractor to be in default of the Contract. The Town will provide a written release to the Contractor releasing them of their contractual obligation. The Contractor shall be paid for all work satisfactory performed in accordance with this contract prior to termination. If the expense of finishing the work exceeds the balance not yet paid to the Contractor on this Contract, the Contractor shall pay the difference to the Town within ten (10) days after Town mails by registered mail a written request for payment to the Contractor. The Town may use all or any portion of the remaining balance including retention amount to compensate substitute contractors selected pursuant to this paragraph, and the Contractor shall have the right to object to this determination by the Town.

20. Termination of Convenience. This agreement may be terminated by either party with or without cause, upon thirty (30) days written notice to the other party. A copy of the notice shall be submitted to the Town within 24 hours of notification to the other party. All work shall cease at the conclusion of the notice period and Contractor shall be paid for all work satisfactorily performed in accordance with this contract prior to termination.

21. Insurance. Contractor warrants that Contractor has obtained all insurance required. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the subcontractor has been obtained. Contractor agrees to maintain and provide evidence of the following policies of insurance at all times during the life of this contract:
a. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to employees and provide certification that the contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code; Contractor to comply with such provisions before commencing the performance of work of this contract. b. Comprehensive General Liability. Every contractor shall secure a comprehensive general liability policy with a minimum of five-hundred thousand dollar ($500,000) per occurrence combined single limit coverage which includes bodily injury, property damage, and contract liability. Such insurance shall be primary and non-contributing and shall apply separately to each insured against who a claim is made or suit is brought, except with respect to the insurance company’s standard limits of liability.

Each such policy of insurance provided for shall be issued by an insurance company, which is qualified to do business in the State of California.

The Contractor agrees to provide evidence to the Owner of such insurance prior to the commencement of work.

22. Contractor's Liability. Owner shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees or Contractor or subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of Owner or independent contractors who are directly responsible for the same, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees

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5 of 7
incurred in connection therewith.
b. Contractor shall not assert a claim against the Town, its officers, agents or employees arising out of any act or omission of the aforementioned, in the execution or performance of any contract pursuant to the Town’s Rehabilitation Program.
c. Contractor shall require each subcontractor to agree in his/ her contract for services not to make any claim against the Town, its officers, agents or employees. d. Nothing in any Contract executed pursuant to the Town’s Rehabilitation Program in which the Owner and Contractor are parties shall be construed to give any person other than Owner and Contractor any legal or equitable rights, remedies, or claims.
b. Contractor will promptly pay any judgment rendered against Contractor covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder, and Contractor agrees to save and hold Owner and the Town of Apple Valley harmless therefrom.
c. In the event Owner, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of Contractor hereunder, Contractor agrees to pay to Owner all costs and expenses incurred by Owner in such action or proceeding together with reasonable attorneys' fees.

23. Assignment or Delegation of Contract. Contractor shall not assign any right under this contract except upon prior written authorization of the Owner and Town. Any request for assignment must be addressed to the Owner and Town for their approval before consent is given. Contractor shall not make any delegation of authority or responsibility which would in any way purport to relieve him/her of any obligation imposed by this contract.

24. Good Faith Resolution of Disputes. Any disagreement arising out of this contract or any alleged breach hereof shall be submitted to an arbitration service for resolution. Thereafter an action may be instituted at law or in equity to enforce the terms hereof.

25. Non-Discrimination. Contractor and its Subcontractors shall comply with provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7258.0 et seq.) by not unlawfully discriminating against any employee or applicant for employment because of the following: race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or sex. During the performance of this Contract, the Contractor assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this Contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, and all implementing regulations. All Contractors and Subcontractors are required to comply with Section 504 of the Federal Rehabilitation Act of 1973 that prohibits discrimination against qualified individuals with disabilities. Individuals with disabilities are defined as persons with a physical or mental impairment which substantially limits one or more major life activities. Refer to The Federal Rehabilitation Act of 1973 for a list of qualified individuals.

26. Contract Work Hours and Safety Standards Act. All Contractors and Subcontractors who are awarded contracts in excess of $2,000 shall comply with the requirements of the Contract Work Hours Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (20 CFR Part 5) which requires that workers receive "overtime" compensation at a rate of one and one-half times their regular hourly wage after they have worked eight hours in one day or 40 hours in one week.

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27. Liquidated Damages. In the event Contractor fails to complete the project pursuant to this contract on or before the Final Completion Date (together with permissible delays), Contractor shall pay to Owner, as liquidated damages and not as a penalty, the sum of $ 100.00 per day for each day that Contractor is in default which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation to Owner for the foreseeable losses that may result from such delay in completion and due to the difficulty which would otherwise occur in establishing actual damages resulting from such delays in completion.

28. Notices. Any notices, requests or approvals given under this Contract may be personally delivered or deposited with the United States Postal Services for mailing, postage prepaid, registered or certified mail, return receipt requested to the following addresses:

To Owner(s): H24-02 To Town: Town of Apple Valley
H24-02 14955 Dale Evans Parkway
Apple Valley, CA 92307 Apple Valley, CA 92307
Attn: Silvia Urenda
To
Contractor:

Sicilianos Construction Inc.
18789 Albany St.

Hesperia, CA 92345

29. Modifications. No modification, rescission, waiver, release or amendment or any provision of this contract shall be made except by a written contract executed by both Owner or Contractor, and approved by the Town of Apple Valley Community Development Staff, or designee.

30. Contractor and Owner Understanding. Contractor and Owner hereby acknowledge that they have read this contract and further acknowledge that time has been allowed for them to consult an attorney of their choosing. Owner and Contractor acknowledge that this Agreement affects their legal rights and that they have read and understand its provisions. The Owner and Contractor agree that they are the sole Parties to this Contract and are solely responsible for its performance. The Parties agree that neither the Town nor its agents, officers or employees assume any liability or responsibility whatsoever arising out of this Contract.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three (3) original copies on the day and year first above written (Copy to Owner, Copy to Contractor, Copy to Program Manager). "CONTRACTOR"
State of California Contractor's License Number: #1083486 Contractor's Business Phone Number: 909-689-7116
By:

Erik Jerez
Sicilianos Construction Inc.-Owner

OWNER TOWN OF APPLE VALLEY
By: By:

Owner’s Signature: Scot Nassif,
Mayor
By:

Owner’s Signature:

ATTEST:

La Vonda M. Pearson, Town Clerk
APPROVED AS TO CONTENT:

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

BEST BEST & KRIEGER LLP
Thomas Rice, Town Attorney

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Town Council Agenda Report
Date: November 14, 2023
To: Honorable Mayor and Town Council
Subject: The Planning Commission recommends that the Town Council approve and adopt a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act and approve General Plan Amendment GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential ¾ (R-E ¾) and to modify Policy 4.G and remove Policy 4.H from the Land Use Element, Zone Change ZC 2022-005 from Residential Agriculture (R-A) to Estate Residential 3/4 (RE-3/4), Development Code Amendment DCA 2022- 003 to modify Note 17 from Table 9.28.040-A (1), decrease the lot depth standard in the RE-3/4 zoning district, and Tentative Tract Map TTM20453 to subdivide 120 acres into 99 residential lots located on the northeast corner of Deep Creek and Del Oro Roads (APN: 0434-042- 32)

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

RECOMMENDATION
Based upon the information contained within this report, and any input received from the public at the hearing, the Planning Commission recommends that the Town Council move to:

A. Adopt the Mitigated Negative Declaration for GPA 2022-007, ZC 2022-005, DCA 2022-003, and TTM 20453, and associated Mitigation Monitoring and Reporting Program.

B. Find that the facts presented in the staff report support the required Findings for approval and adopt the Findings.

C. Adopt Resolution No. 2023-34 adopting General Plan Amendment GPA 2022-007.

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D. Move to waive Reading of Ordinance No. 567 in its entirety and read by title only.

E. Introduce Ordinance No. 567 adopting Development Code Amendment DCA 2022- 003 and Zone Change ZC 2022-005.

F. Approve Tentative Tract Map TTM 20453, subject to the attached Conditions of Approval, as amended.

PROJECT SITE AND DESCRIPTION
A. Project Size: 120 acres
B. General Plan Designations:

Project Site - Low Density Residential (R-LD)
North - Mixed Use (M-U)
South - Low Density Residential (R-LD)
East - Low Density Residential (R-LD)
West - Low Density Residential (R-LD)
C. Surrounding Zoning and Land Use:

Project Site - Residential Agriculture (R-A)
North - Mixed Use (M-U)
South - Residential Agriculture (R-A)
East - Low Density Residential (R-LD)
West - Residential Agriculture (R-A)
D. Site Characteristics:

The site is undeveloped and contains native vegetation. The subject area is surrounded by a combination of vacant lots, and lots occupied by single family residential. There is evidence that the land was previously used for agricultural purposes, and there are slabs remaining on the northwest portion of the property.

BACKGROUND
At the Planning Commission meeting of September 6, 2023, the Commission voted 3-1- 1 recommending that the Town Council approve this proposal. Commissioner Jared Lanyon voted no, and Commissioner David North recused himself from participating in the deliberations. There was a total of nine (9) comment letters received, six (6) of which were in opposition to the proposal and three (3) letters were in favor of the development.

During the public hearing, there were a total of 21 speakers, 14 of which spoke in opposition to the development; seven speakers spoke in favor of the development.

Generally, the reasons cited by members of the public for opposing the project included a desire to protect the agricultural land and requesting that proposed housing development occur in other areas. Members of the public cited concerns with the environment, water quality, traffic, as well as concerns with biological and tribal resources.

One resident cited concerns with growth without having needed medical services in the

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area.

Reasons cited by the public to support the proposal included the need for quality housing and felt the development reflected responsible growth. Several speakers spoke of the developer’s desire to build a quality development, as well as supported the nature of the development. Several members of the public stated that the development would benefit the area by replacing a vacant field with quality housing on large lots and by extending infrastructure to the area, as well as creating jobs and revenue for services. Members of the public mentioned the need to approve a project of this type prior to the State of California intervening and forcing higher densities to this area.

ANALYSIS
A. General:

The Applicant is requesting Amendments to the land use designation and zoning district, as well as approval of a tentative map that is specific to 120 acres located on the northeast corner of Deep Creek and Del Oro Roads (APN: 0434-042-32). In addition, general language pertaining to the Deep Creek area as defined in the General Plan and Development Code must be modified for the Applicant’s Amendments and Tentative Map to work. Therefore, the application is requesting consideration of the following (new language is in bold and underlined):
 General Plan Amendment GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential ¾ (R-E ¾) for the 120 acres located on the northeast corner of Deep Creek and Del Oro Roads;
 General Plan Amendment GPA 2022-007 to modify Policy 4.G and eliminate Policy 4.H from the Land Use Element. These policies apply to the Deep Creek area.
o The Amendments propose to modify Policy 4.G to state that projects proposed in the Deep Creek area shall be required to provide buffers along its perimeter, such as open space, large parkways, and equestrian trails, or perimeter lots of the same size or larger than the adjacent land use designation, or lands across the abutting street to minimize impacts to existing neighborhoods.
 Zone Change ZC 2022-005 from Residential Agriculture (R-A) to Estate Residential 3/4 (RE-3/4) for the 120 acres located on the northeast corner of Deep Creek and Del Oro Roads;
 Development Code Amendment DCA 2022-003 to modify Note 17 from Table

9.28.040-A (1) Minimum lot area of Section 9.28.040 of the Development Code. This provision applies to the Deep Creek area:
o The Amendments propose to modify Note 17 to state that projects proposed in the Deep Creek area shall be required to provide buffers along its perimeter, such as open space, large parkways, and equestrian trails, or perimeter lots of the same size or larger than the adjacent land use designation, or lands across the abutting street to minimize impacts to existing neighborhoods.
 Development Code Amendment DCA 2022-003 to decrease the lot depth from

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275’ to 170’ in the RE-3/4 zoning district.

The Deep Creek Area: The Deep Creek area consists of large vacant lots combined with existing single-family residences on 2.5 and 5 acre lots (Attachment 1). The Deep Creek area is defined as land south of Bear Valley Road, east of the Jess Ranch Specific Plan, north of Tussing Ranch Road, and west of Itoya Vista Street and Mockingbird Avenue. In the residentially zoned portion of the Deep Creek area, the land consists of a total of 1,100 acres of which 607 acres are vacant and 493 acres are developed (Attachment 2).

The following policies were adopted as part of the 2009 General Plan Update:
 Policy 4.G states that projects proposed in the Deep Creek area shall be required to provide perimeter lots of the same size or larger than the adjacent land use designation, or lands across the abutting street. The Deep Creek area shall be defined as land south of Bear Valley Road, east of the Jess Ranch Specific Plan, north of Tussing Ranch Road, and west of Itoya Vista Road and Mockingbird Avenue.
 Policy 4.H states that General Plan Amendments requesting increased density in the Deep Creek area shall be restricted to the next densest land use designation only (i.e. lands currently designated Residential Estate may only be amended to Residential Estate ¾ and lands currently designated as Residential Low Density may only be amended to Residential Estate). The Deep Creek area shall be defined as land south of Bear Valley Road, east of the Jess Ranch Specific Plan, north of Tussing Ranch Road, and west of Itoya Vista Road and Mockingbird Avenue.

The Amendments proposed to modify Policy 4.G and eliminate Policy 4.H.

The current R-LD General Plan Land Use designation, as well as current R-A zone district support subdivisions with minimum lot sizes of 2 ½ acres. Without any Amendments, subdivisions within the Deep Creek area would generally be required to consists of lot sizes a minimum of 2 ½ acres. Policy 4.G of the General Plan requires new subdivisions to have perimeter lot sizes of the same size or larger than adjacent land use designations or the land across the abutting street. Policy 4.H states that a General Plan Amendment could only increase the density to the next densest land use designation. In the current context, Policy 4.G would restrict a General Plan Amendment from R-LD (2 ½ acre minimum) to only R-E (1 acre minimum). In applying both Policies 4.G and 4.H, a GPA could only support a R-E land use designation, which would in turn support a subdivision consisting of 1 acre lots with all perimeters lots consisting of a minimum of 2 ½ acres.

Proposal: This request by the applicant provides the Town with an opportunity to evaluate existing policies pertaining to the Deep Creek area and to determine if policies should be amended or remain. The General Plan does call for periodic review

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of the Town’s policies to reduce housing construction costs, as well as to recommend changes in land use designation to maintain a balance of available land uses. Many developers have indicated that it is not cost effective/feasible to construct subdivisions of 2.5 and 5 acre lots due to construction, infrastructure, and utility costs.

As far as land use compatibility, there are many areas that have effectively placed ¾ to 1 acre lots near 2.5- acre neighborhoods by employing physical buffers, such as parks, large parkways, and equestrian trails between such uses. The applicant desires to construct a subdivision of 99 lots on 120 acres. The subdivision will include lot sizes a minimum of ¾ acre, which is bounded by two secondary roads, Deep Creek and Del Oro Road, which serve as buffers. Additionally, the subdivision will have equestrian trails along its perimeter to serve as an additional layer of buffering. The inspiration board submitted with the application demonstrates how equestrian trails will be used to buffer this subdivision with existing neighborhoods (Attachment 5).

In the Deep Creek area, there are several large vacant parcels located along the perimeter of the Deep Creek area that abut existing neighborhoods that are either zoned or developed with half acre neighbors (Attachment 2). There is currently an approved Specific Plan within the Deep Creek area consisting of up to 161 lots on 80 acres, known as the Deep Creek Estates Specific Plan. In addition, there is a 40-acre lot that sits between the Deep Creek Estates Specific Plan, and the Jess Ranch Specific Plan.

Tentative Tract Map: The applicant is requesting consideration of Tentative Tract Map TTM- 20453 to subdivide 120 acres into 99 single-family residential lots. The RE-3/4 zoning designation sets minimum property size standards for land divisions subject to conformance with the provisions of the Development Code. The RE-3/4 zoning district requires a minimum lot size of 32,670 square feet, minimum lot width of 125 feet and a minimum lot depth of 170 feet, as amended. Corner lots require a minimum lot size 32,670, minimum lot width of 100 feet and a minimum lot depth of 170 feet, as amended. The proposed lots range in size from 32.670 square feet (0.75 acres) to 56,628 square feet (1.3 acres) and are consistent with the minimum site development standards. The average lot size is 37,866 square feet (0.87 acres).

Based upon the information provided, implementation of development standards and Conditions of Approval, the proposed subdivision of one hundred (100) acres into ninety-nine (99) single-family lots for future residential development within the RE-3/4 zoning district will not produce adverse impacts upon the site nor surrounding properties. The proposed Project allows for the logical and orderly extension of residential development in an area.

No housing product is proposed at this time; however, a Development Permit is required for homes built within a subdivision of five (5) or more lots. As part of the development process, a Development Permit review and approval by the Planning Commission is required for the architecture of the residential structures (Condition of Approval P7).

A General Biological Resources Assessment was completed by RCA Associates in

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July 2022. A Joshua Tree survey was conducted and concluded that of the 10 Joshua Trees, zero are suitable for transplant on-site due to health of the trees and size. The existing topography and amount of grading required for the development, does not make it feasible to protect any of the Joshua Trees in place. A condition of approval requires the applicant to obtain an incidental take permit or pay fees listed under the Western Joshua Tree Conservation Act as applicable from the California Department of Fish and Wildlife (CDFW) to remove or relocate a Joshua Tree (Condition of Approval No. 22).

1. Traffic and Circulation:

A traffic study was prepared by David Evans and Associates for the project. The study states that the proposed project is estimated to generate 934 daily trips, 70 AM peak period and 94 PM peak period trips. The project’s boundaries are Deep Creek Road to the west, Savage Lane to the east, and Del Oro Road to the south.

The traffic study found no impact by the project to local intersections. Traffic generated by the subdivision will mostly traverse Deep Creek Road. The Code requires that street patterns and street design within a subdivision must conform to the standards adopted within the Circulation Element of the Town of Apple Valley General Plan, including curbs, gutters and sidewalks throughout the project area. Pursuant to Section 9.28.060(J), the subdivision may use rolled curbs in lieu of curbs and is not required to have sidewalks. The circulation plan for the tract is designed to provide safe and efficient access to the proposed subdivision. All street and roadway design plans will adhere to the required Town standards at all intersections and driveways. The subdivision is subject to payment of Town adopted Traffic Impact Fees (TIF).

2. Drainage:

Prior to issuance of a grading permit, a final drainage plan shall be submitted for review and approval by the Town Engineer showing provisions for receiving and conducting off-site and on-site tributary drainage flows around or through the site in a manner which will not adversely affect adjacent or downstream properties. The proposal is required to retain onsite drainage flows from a 100-year design storm by way of a retention basin, dry-wells or any combination thereof.

3. Sewer Connection:

The project is required to connect to the public sewer. A sewer feasibility study to determine the closest point of connection. There are currently efforts to extend a sewer mainline to the intersection of Deep Creek and Bear Valley Roads.

B. Environmental Assessment:

Based on the Initial Study, pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared. The Mitigated Negative Declaration public review period began July 15, 2023 and ended August 15, 2023. The Mitigated Negative Declaration did not identify any significant impacts on the environment with respect to

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the proposed project (Attachment 5).

C. Noticing:

GPA 2022-007, ZC 2022-005, DCA 2022-003, and TTM 20453 were advertised as a public hearing in the Apple Valley News newspaper on October 13, 2023, and notices were sent to surrounding property owners within a 1,000-foot radius. Pursuant to Section 9.13.030(9), a thirty-two (32) square foot sign was posted on the site adjacent to the public right-of-way with a description of the project and the location, date, time and place of the scheduled hearing.

D. Findings:

In considering any General Plan Amendment, Zone Change or Development Code Amendment, the Planning Commission is required by the Municipal Code to make special Findings. 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. If the Commission wishes to modify the offered comments, after considering input and public testimony at the public hearing, modifications to the Findings and Code Amendment text can be included in the formal motion.

1. The proposed General Plan Amendment is consistent with the goals, policies and standards of all elements of the General Plan and will further these goals, policies and standards;
Comment: The proposed General Plan Amendment is consistent with the General Plan goals and policies because the Amendments do not cause new development to exceed a density of 2 units per acre consistent with Policy 4.A and Program 4.A.1 of the Land Use Element. The Amendments require for new subdivisions to comply with equestrian trails, buffers, and increased setbacks, as well as to require the installation of required infrastructure/public service to minimize impact to existing neighborhoods consistent with Policy

4.B, Program 4, Goal 3, Policy 3.A, Program 3.A.1, and Policy 2.B of the Land Use Element, as well as Policy 1.G of the Housing Element.

The Town is making these Amendments to maintain a balance of available land uses and to reduce housing construction costs without sacrificing basic health and safety considerations consistent with Program 2.A.1 of the Land Use Element and Program 1.A.3 of the Housing Element .

2. The General Plan, as amended, will comprise an integrated, and internally consistent and compatible statement of policies for the Town;

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Comment: The General Plan Amendment is being adopted to be consistent with General Plan Land Use Program 1.A.3 which calls for periodic review of the Development Code for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations. The Amendments are also being made to continue to expand the housing inventory within the Deep Creek area and recommend changes in land use designations to maintain a balance of available land uses with respect to housing within the Town consistent with Program 2.A.1.

3. The General Plan Amendment furthers the public interest and promotes the general welfare of the Town by providing for logical pattern of land uses and clarifying various land use policies for the Town.

Comment: The proposed General Plan Amendment is consistent with the General Plan goals and policies because it would promote new housing opportunities while implementing equestrian trails, buffers, development standards and installation of required
infrastructure/public service to minimize impact to existing neighborhoods.

E. The following are the Findings for an amendment to the Development Code and Zone Map as required under Section 9.06.060 and a comment to address each:

3.A, Program 3.A.1, and Policy 2.B of the Land Use Element, as well as Policy 1.G of the Housing Element. The Town is demonstrating a commitment to reviewing the Development Code for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations consistent with Program 2.A.1 of the Land Use Element and Program 1.A.3 of the Housing Element.

2. The proposed Amendment will not be detrimental to the public health, safety or welfare of the Town or its residents.

Comment: The Amendments are intended to remove and modify language that will provide additional opportunities for housing while maintaining standards requiring new housing development to install

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infrastructure, including roadways and utilities, consistent with Policy

2.B of the Land Use Element. The Amendments will continue to require increased setbacks, walls, berms, landscaping, incremental lot sizes, buffering features consistent with Program 3.A.1 of the Land Use Element.

F. In considering any Tentative Map, the Commission is required by the Development Code to make specific Findings. The following are the Findings for a Tentative Map required under Section 9.71.040 (A5) of the Development Code and a comment to address each:

1. The proposed Subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and any applicable Specific Plan.

The proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan (Subdivision Map Act 66473.5).

Comment: The subject property has a General Plan land use designation of RE 3/4 and by size, shape and configuration has the ability to be used in a manner consistent with the General Plan Land Use Element and zoning designations, as amended. The project is a proposal to divide one hundred and twenty (120) acres into ninety nine (99) lots ranging in size from 32,670 to 56,628. With adherence to the recommended conditions, the tentative tract will meet the minimum requirements for lot size, width and depth as prescribed by the Code.

2. The Planning Commission has considered the effects of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Subdivision Map Act Section 66412.3).

Comment: The proposal consists of a land subdivision located on residentially designated land for the purpose of future residential development at the density allowed by the underlying zoning. The proposed subdivision will allow the property owner to develop the property in a manner that is consistent with the Town’s General Plan Goals and Objectives to promote single-family residential development.

3. The design of the subdivision provides, to the extent feasible, for the future passive or natural heating or cooling opportunities in the subdivision.

Comment: The lots created under this subdivision are appropriate in size to provide natural heating and cooling opportunities for development of

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the site. As development occurs, the individual lots are subject to the implementation of natural heating and cooling requirements pursuant to Title 24 energy requirements.

4. The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into the existing sewer system would result in a violation of the requirements as set forth in Section 13000 et seq., of the California Water Code. If the Planning Commission finds that the proposed waste discharge would result in or add to a violation of said requirements; the Planning Commission may disapprove the subdivision (Subdivision Map Act Section 66474.6).

Comment: The project is a residential land subdivision that is required to connect to the public sewer system.

5. In order to avoid the creation of undevelopable parcels of land, any subdivision falling wholly or partially in areas of fifteen (15) percent or steeper slopes shall be subject to the findings contained in Section 9.71.060.D of this Chapter.

Comment: The property has a combination of generally flat terrain with scattered slopes of two (2) to five (5) percent. Therefore, the project does not exceed fifteen (15) percent or steeper slopes.

ATTACHMENTS

1. Aerial Photo

2. Map identifying vacant and developed lands.

3. General Plan Use Map

4. Zone Map

5. Inspiration Board

6. Tentative Tract Map TTM 20453

7. Resolution No. 2023-34 (GPA 2022-007)

8. Ordinance No. 567 (ZC 2022-005 & DCA 2022-003)

9. Conditions of Approval

10.Initial Study and Mitigated Negative Declaration:
https://www.applevalley.org/home/showpublisheddocument/33450/63824939931220 0000

11.Mitigation Monitoring & Reporting Program

12.Comment Letters by Members of the Public

13.Draft Minute Excerpts from the Planning Commission meeting of September 6, 2023

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ITOYA VISTA ST

DEEP CREEK RD
N

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Approved
Specific Plan
ATTACHMENT 2 – MAP IDENTIFYING VACANT LAND

VACANT LAND
(607 ACRES)

TUSSING RANCH RD

JESS RANCH

SPECIFIC PLAN

LAUREL RD

DEEP CREEK

AREA - TOTAL
(1,100 ACRES)

DEVELOPED AREA
(493 ACRES)
N

DEL ORO RD

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Legend
ATTACHMENT 3
General
Plan
Map
Project Site

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APN: 0434-042-32
Legend
Project Location
ATTACHMENT 4
Zone
Map

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N0°42'03"W 1323.33'
1317.9'
N88°53'24"E 1317.95'
N0°41'48"W 1322.45'
N0°43'02"W 1322.43'
N0°42'03"W 1323.23' N 1/16 SEC 5 FD 2" IP W/ USGLO BC SW COR SEC 5 FD 1 1/2" IP W/ N&T, ILLEG. FD 1" IP, OPEN FD 1" IP W/ CAP, LS 5803 3 2 6 3 152.4' 152.4' 172.6' 172.6' 177.6'
152.6' 142.8'
187.3' 192.7' 161.7' 156.7' 192.6'
170.1' 154.8' 213.5' 193.6'
190.0' 190.0' 178.2' 204.4' 193.6'
140.1'
110.0' 240.2'
140.8' 204.6'
178.2' 222.9' 182.1'
201.8' 210.0' 173.8' 133.1' 167.4' 75.0'
108.6' 196.3' 74.7' 210.0' 112.0'
190.0' 184.0' 184.0'
190.0' 184.0' 148.5'
179.0' 184.0' 262.7' 268.1' 228.3'
249.2' 153.0' 230.0'
139.2' 135.1' 174.9'
119.8'
133.9' 175.1'
119.3' 230.0'

99.5' 215.1'
155.0' 247.7' 530.5'
230.0' 227.2' 153.0' 153.0' 151.0'
230.0'
244.5' 67.1' 139.0'
201.5'

57.1' 203.0'
158.7' 70.2' 72.0' 70.2'136.0'
158.6' 178.0'
208.0' 139.6'
202.0' 194.6' 212.3'
100.1' 203.8'
256.7' 56.1'
153.3' 399.4' 19.8'
221.4' 223.7'
100.7' 195.7'
133.7'
216.5' 138.4' 226.1'
105.1' 198.3' 38.7' 246.4' 391.0'
105.8'
181.9' 188.9' 235.0'
161.8' 180.0'
181.9' 209.0' 235.0'
180.0' 209.0'
180.0'
180.0' 209.0'
162.1' 189.1'
181.9' 235.0'
181.9' 235.0' 188.0'
133.0'
133.0' 61.4' 259.3'
163.4' 177.7'
115.6' 259.0' 58.6' 165.1'
156.9' 156.9' 165.4' 185.2'
177.0' 176.9' 185.2' 185.2'
176.9' 177.0' 185.2' 185.2' 165.4'
157.0' 157.0' 165.1'
293.9' 290.0'
294.0' 290.0'
157.0' 157.0' 175.2'
177.0' 195.1' 174.9'
177.1' R=20.0' R=20.0' R=20.0' R=20.0' R=20.0' R=20.0' R=20.0' R=20.0' R=20.0' R=20.0' R=35.0' R=20.0' R=250.0' R=5 .0' R=65.0' R=55.0' R=55.0'R=65.0' R=55.0' EQUESTRIAN TRAIL EQUESTRIAN TRAIL EQUESTRIAN TRAIL EQUESTRIAN TRAILEQUESTRIAN TRAIL 7.7' EQUESTRIAN TRAIL EQUESTRIAN TRAIL ROLLED CURB (TYP) EQUESTRIAN TRAIL 203.0'
R=100.0' R=50.0' 25' WIDE DRAINAGE SWALE TO CATCH BLUELINE STREAM R=50.0' R=20.0'R=35.0' 177.1'R=250.0 ' R=250.00' DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT ALL EXISTING CONC SLABS TO BE REMOVED DRAINAGE EASEMENT R=225.00' R=75.00' R=2 5.0 ' EXISTING POWER POLE W/ NO LINES TO BE REMOVED EX DIRT ROAD EX DIRT ROAD R=20. ' R=20.00' R=53.0 ' R=53.0 ' R=47.00' LEGEND INDICATES PROPERTY LINE 2990 INDICATES EXISTING CONTOUR NOTES: REAL PROPERTY IN THE TOWN OF APPLE VALLEY, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING 1/2 OF ALL OIL, MINERAL, GAS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY FRED POPE AND LAURETTE G. POPE, AS TRUSTEES UNDER TRUST ESTABLISHED OCTOBER 18, 1965, BY DEED RECORDED FEBRUARY 28, 1974, IN BOOK 8377, PAGE 183, OFFICIAL RECORDS. LEGAL DESCRIPTION: TENTATIVE TRACT MAP NO. 20453 APN 0434-042-032 OWNER/APPLICANT: EQUITY TRUST COMPANY FBO MAIDA MAIDA IRA 1 EQUITY WAY WESTLAKE, OHIO, 44145 C/O MARK MAIDA 13302 RANCHERO ROAD OAK HILLS CA 92344 [email protected] PREPARED BY: MERRELL JOHNSON COMPANIES 22221 HIGHWAY 18 APPLE VALLEY, CA 92307 (760) 240-8000 MAP PREPARATION DATE: OCTOBER 19, 2022 THERE ARE 120.0 ACRES TO THIS LAND DIVISION. THERE ARE 99 PARCELS TO THIS PARCEL MAP. EXISTING ZONING: R-A (RESIDENTIAL-AGRICULTURE) PROPOSED ZONING: RS (RESIDENTIAL) PARCELS ARE FOR PURPOSE OF LAND SALES. THERE ARE 10,043 LINEAL FEET OF NEW STREETS ON THIS PARCEL MAP. THE AVERAGE SLOPE OF ALL FEASIBLE ACCESS ROUTES AND BUILDING SITES DOES NOT EXCEED (10%.) 1. 2. 3. 4. 5. 6. 3456 REV. DATE BY REVISION DESCRIPTION EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: CALIFORNIA ELECTRIC POWER COMPANY PURPOSE: PUBLIC UTILITIES RECORDING DATE: SEPTEMBER 28, 1948 RECORDING NO: BOOK 2298, PAGE 412 OF OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: CALIFORNIA ELECTRIC POWER COMPANY PURPOSE: PUBLIC UTILITIES RECORDING DATE: APRIL 20, 1951 RECORDING NO: BOOK 2752, PAGE 326 OF OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: CALIFORNIA ELECTRIC POWER COMPANY PURPOSE: TRANSMISSION LINES RECORDING DATE: JUNE 21, 1951 RECORDING NO: BOOK 3969, PAGE 218 OF OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. AN EASEMENT OR LESSER RIGHT FOR POLE LINES, CABLES AND INCIDENTAL PURPOSES IN FAVOR OF CALIFORNIA ELECTRIC POWER CO., OVER THE NORTHERLY 80 FEET, MORE OR LESS, OF PARCEL NO. 1, AS DISCLOSED BY THE ASSESSOR’S MAP OF THE PROPERTY HEREIN DESCRIBED. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY PURPOSE: PUBLIC UTILITIES RECORDING DATE: DECEMBER 16, 1986 RECORDING NO: 86-381684 OF OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 2 INDICATES MONUMENTS FOUND AS NOTED. 1.2. SURVEYOR'S NOTES BASIS OF BEARINGS: CALIFORNIA STATE PLANE COORDINATES ZONE V NAD83 BASED ON NGS OPUS SOLUTION REPORT DATED AUGUST 23, 2021 USING THE FOLLOWING BASE STATIONS: PID CORS ID DESIGNATION COORDINATES DH7046 EWPP EWPP_SCGN_CS1999 CORS ARP N1,860,639.57, E6,705,287.02 DH4099 P470 BALDYMESA_CS2004 CORS ARP N1,991,209.49, E6,744,368.05 DISTANCES SHOWN ON MAP ARE GROUND. COMBO SCALE FACTOR: 0.99980181 NAVD88 ELEV=2984.14 VICINITY MAP UTILITIES: TELEPHONE: ELECTRIC: GAS: SEWER: WATER: SOUTHERN CALIFORNIA EDISON COMPANY 12353 HESPERIA ROAD VICTORVILLE, CALIFORNIA 92395 (760) 951-3145 SOUTHWEST GAS 13471 MARIPOSA ROAD VICTORVILLE, CALIFORNIA 92392 (760) 241-8120 LIBERTY UTILITIES 21760 OTTAWA ROAD APPLE VALLEY, CA 92308 (760) 247-6484 TOWN OF APPLE VALLEY 14955 DALE EVANS PKWY APPLE VALLEY, CALIFORNIA 92307 (760) 240-7000 FRONTIER COMMUNICATIONS (877) 236-2894 CABLE: CHARTER SPECTRUM 12490 BUSINESS CENTER DR. VICTORVILLE, CALIFORNIA 92395 (760) 843-3000 N.T.S. EASEMENTS: MINIMUM: 0.75 ACRES MAXIMUM: 1.30 ACRES AVERAGE: 0.89 ACRES LOT SIZES: INDICATES CENTERLINE INDICATES CONCRETE CURB INDICATES EASEMENT INDICATES EQUESTRIAN TRAIL INDICATES JOSHUA TREE INDICATES OVERHEAD POWER INDICATES POWER POLE Page 121 of 202 N88°50'41"E 1318.39'
1318.2'
N0°43'02"W 1322.43'
N0°42'25"W 1322.47'
N0°42'03"W 1321.84'
N0°42'03"W 1323.23' N1/16 COR SEC 5 FD 2" IP W/ USGLO BC W1/4 COR SEC 5 FD 2" IP W/ USGLO BC FD 3/4" IP W/ CONC PLUG & NAIL FD 1" IP W/ N&T, RCE 14382 163.5' 2 6 4 188.1' R=65.0' 216.6' 188.8'
112.9'
130.0' 173.1' 191.8' 187.8' 128.4'
145.0' 46.2' 186.0'

34.0'
157.3'
190.0' 186.0'
190.0' 190.0' 171.0'
134.3'
242.8' 200.0' 174.3'
190.0' 180.0' 79.8'
190.0' 180.0' 154.1' 180.0'
191.4'

50.6'
139.2' 284.0' 190.0'
170.9' 201.8' 175.0'
209.2' 110.8' 51.5' 36.8' 50.0' 175.0' 239.0' 284.0'
110.0' 155.0' 154.8'
140.8'
140.1' 152.4' 152.4'
172.6' 172.6' 177.6'
152.6' 142.8'
187.3' 192.7' 161.7' 156.7' 192.6'
170.1' 154.8' 213.5' 193.6' 178.2' 19.8'
221.4' 133.7'
216.5' 138.4' 226.1'
105.1' 198.3' 38.7' 246.4' 391.0' 252.4' 40.0'
251.1' 205.3'
105.8' 197.2'
158.9'
205.0' 205.0' 163.7'
158.0' 212.0'
158.0' 115.9' 129.2' 60.0'

50.0' 89.3' 230.0'
188.1' 129.2' 60.0' 180.0'
200.9' 200.0'
190.0' 134.7' 200.0'
190.0' 200.0' 101.9' 200.0' 290.0'
294.0' 290.0'
157.0' 157.0' 175.2'
177.0' 195.1' 174.9'
177.1' 195.1'
177.1' 195.1' 195.1'
177.1' 195.1' 195.1'
177.0' 177.2' 195.1' 175.2'
157.1' 195.1'
157.1' 174.9' 256.0' 169.6' 250.8'
190.7' 215.7' 169.6' 237.6' 141.6'

71.8' 280.0'
117.8'
137.3'
160.0'
191.4'
160.0' 84.5' 280.0'
104.3'
183.7'
110.6'
143.7' 147.8' 190.8'
144.4' 237.9'
191.4' 244.4' 209.8' 230.0'
171.3' 191.4' 147.1' 142.6'
R=65.0' R=55.0' R=55.0' R=55.0' R=250.0' R=50.0' R=20.0' R=20.0' R=50.0' R=250.0' R=20.0' R=20.0' R=20.0' R=20.0' R=35.0' R=20.0' 209.2' EQUESTRIAN TRAIL EQUESTRIAN TRAIL (7) JOSHUA TREES TO BE REMOVED EQUESTRIAN TRAIL 96.2' EQUESTRIAN TRAIL ROLLED CURB EQUESTRIAN TRAIL R=10 .0' R=50.0' R=20 .0' R=20.0'R=35.0' R=20 .0 ' R=20 .0 ' R=150.0 ' R=150.0 ' R=20 .0 ' DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT DRAINAGE EASEMENT

EASEMENT

DRAINAGE DRAINAGE EASEMENT

EASEMENT

DRAINAGE
R=2 5.0 ' R=2 5.0 ' R=75.0 ' R=175.0 ' R=175.0 ' 6 EX DIRT ROAD EX DIRT ROAD EX DIRT ROAD EX DIRT ROAD

EX DIRT ROAD

EX DIRT ROAD 4 JOSHUA TREE TO REMAIN REV. DATE BY REVISION DESCRIPTION Page 122 of 202 ATTACHMENT 7
RESOLUTION NO. 2023-34

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

APPLE VALLEY, CALIFORNIA, APPROVING AND ADOPTING

A MITIGATED NEGATIVE DECLARATION AND A MITIGATION

MONITORING AND REPORTING PROGRAM PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND

AMENDING THE GENERAL PLAN LAND USE MAP
APPROVING GENERAL PLAN AMENDMENT GPA 2022-007

FROM LOW DENSITY RESIDENTIAL (R-LD) TO ESTATE
RESIDENTIAL ¾ (R-E ¾) (APN:0434-042-32) AND TO MODIFY
POLICY 4.G AND DELETE POLICY 4.H FROM THE LAND USE

ELEMENT
WHEREAS, The General Plan of the Town of Apple Valley was adopted by the Town Council on August 11, 2009; and
WHEREAS, The General Plan of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Town Council; and WHEREAS, the Town received a request for amendments to the land use designation and zoning district, as well as approval of a tentative map that is specific to 120 acres located on the northeast corner of Deep Creek and Del Oro Roads (APN: 0434-042-32) (Project); WHEREAS, General Plan Amendment No. GPA 2022-007 is consistent with the General Plan and Municipal Code of the Town of Apple Valley;
WHEREAS, Specific changes are proposed to the Land Use Element of the adopted General Plan and Zone Map of the Town of Apple Valley by approving GPA 2022-007 from Low Density Residential (R-LD) to Estate Residential ¾ (R-E ¾) (APN:0434-042-32) and to modify Policy 4.G and delete Policy 4.H from the Land Use Element; and WHEREAS, On October 13, 2023, GPA 2022-007 was duly noticed in the Apple Valley News, a newspaper of general circulation within the Town of Apple Valley. Pursuant to Section

9.13.030(9), a thirty-two (32) square foot sign was posted on the site adjacent to the public rightof-way with a description of the project and the location, date, time and place of the scheduled hearing; and
WHEREAS, on August 16, 2023 and September 6, 2023, the Planning Commission of the Town of Apple Valley conducted a duly noticed public hearing on GPA 2022-007, receiving testimony from the public and adopting Planning Commission Resolution No. 2023-004 forwarding a recommendation that the Council approve GPA 2022-007; and WHEREAS, on October 24, 2023, the Town Council of the Town of Apple Valley conducted a duly noticed public hearing on GPA 2022-007, receiving testimony from the public and adopting Town Council Resolution No. 2023-xx; and

Page 123 of 202 ends

Resolution No. 2023-34
WHEREAS, based upon the State Guidelines to Implement the California Environmental Quality Act (CEQA), an initial study (IS) in compliance with CEQA has been prepared that determined the proposal would not have any adverse impacts that would be potentially significant.

As such, a Mitigated Negative Declaration (MND) has been prepared; and WHEREAS, pursuant to State CEQA Guidelines Section 15073, the Draft MND was circulated for a 30-day public review period from July 15, 2023 to August 15, 2023; and WHEREAS, during the public comment period, copies of the Draft MND, including technical appendices, were available for review and inspection at Town Hall and on the Town website; and
WHEREAS, the Final MND consists of the Draft MND, comments and responses on the draft MND, and the Mitigation Monitoring Reporting Program (MMRP); and WHEREAS, all the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the Town in connection with the preparation of the MND, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project, as well, as feasible mitigation measures, have been adequately evaluated; and WHEREAS, all of the findings and conclusion made by the Town Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference, and not based solely on information provided in this Resolution; and WHEREAS, no comments made in the public hearing conducted by the Town Council, and no additional information submitted to the Town, have produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review of the proposed Project under State CEQA Guidelines section 15073.5; and WHEREAS, prior to taking action, the Town Council had heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the Initial Study, MND, comments on the MND received, all recommendations by staff, public testimony, and MMRP; and
WHEREAS, on the basis of the whole record, including the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Town Council’s independent judgment and analysis, and
WHEREAS, a copy of the Initial Study, may be obtained at: Town of Apple Valley, Planning Division, 14955 Dale Evans Pkwy., Apple Valley, CA 92307, and WHEREAS, General Plan Amendment No. GPA 2022-007 is consistent with the Land Use Element goals and policies of the Town’s General Plan 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 Town Council at said hearing, the Town Council of the Town of Apple Valley, California, finds and determines as follows:

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Resolution No. 2023-34
Section 1. 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:

4.A and Program 4.A.1 of the Land Use Element. The Amendments still allow for new subdivisions to comply with equestrian trails, buffers, and increased setbacks, as well as to require the installation of required infrastructure/public service to minimize impact to existing neighborhoods consistent with Policy 4.B, Program 4, Goal 3, Policy 3.A, Program 3.A.1, and Policy 2.B of the Land Use Element, as well as Policy 1.G of the Housing Element. By these Amendments, the Town is demonstrating a commitment to maintaining an inventory of remaining capacity of all General Plan land use categories, making needed changes in land use designations to maintain a balance of available land uses and reviewing the Development Code, as needed to, for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations consistent with Program 2.A.1 of the Land Use Element and Program 1.A.3 of the Housing Element .

2. The General Plan, as amended, will comprise an integrated, and internally consistent and compatible statement of policies for the Town;
Comment: The General Plan Amendment is being adopted to be consistent with General Plan Land Use Program 1.A.3 which calls for periodic review of the Development Code for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations. The Amendments are also being made to continue to expand the inventory of remaining capacity of all General Plan land use categories and recommend changes in land use designations to maintain a balance of available land uses within the Town consistent with Program

2.A.1.

Comment: The proposed General Plan Amendment is consistent with the General Plan goals and policies because it would promote new housing opportunities while implementing equestrian trails, buffers, development standards and installation of required infrastructure/public service to minimize impact to existing neighborhoods.

Page 125 of 202 ends

Resolution No. 2023-34
Section 2. The Town Council has reviewed and considered the Final IS/MND and administrative record for the Project, including all oral and written comments received during the comment period.

1. The Town Council finds that the Final IS/MND and the administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the Town’s Local CEQA Guidelines.

2. Based on the whole record before it, including, without limitation, the Final IS/MND and the administrative record, including all written and oral evidence presented to the Town Council, the Town Council finds that all environmental impacts of the Project are less than significant with mitigation. The Town Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. The Town Council finds that the Final IS/MND contains a complete, objective and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment and analysis of the Town Council.

3. No new significant environmental effects have been identified in the Final IS/MND and any changes to the Final IS/MND, including the replacement of mitigation measures with equal or more effective measures pursuant to Section 15074.1, in response to comments or otherwise, do not constitute substantial revisions requiring recirculation under State CEQA Guidelines section 15073.5.

4. The Town Council approves and adopts the IS/MND for General Plan Amendment No. GPA 2022-007 pursuant to Public Resources Code section 21080, subdivision (c).

5. Pursuant to Public Resources Code section 21081.6, the Town Council approves and adopts the Mitigation Monitoring and Reporting Program prepared for the Project.

6. The Town Council directs staff to file a Notice of Determination with the San Bernardino County Clerk and the Office of Planning and Research within five (5) working days of approval of the Project.

Section 3. Amend Policy 4.G of the Land Use Element of the General Plan to read as follows: “Projects proposed in the Deep Creek area shall be required to provide buffers along its perimeter, such as open space, large parkways, and equestrian trails, or perimeter lots of the same size or larger than the adjacent land use designation, or lands across the abutting street to minimize impacts to existing neighborhoods.”
Section 4. Delete Policy 4.H of the Land Use Element of the General Plan.

Section 5. Amend the General Plan Land Use Map as shown on Exhibit ‘A’.

Page 126 of 202 ends

Resolution No. 2023-34
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 14th day of November 2023.
_________
Scott Nassif, Mayor
ATTEST:

Ms. La Vonda M. Pearson, Town Clerk

Page 127 of 202 ends

Resolution No. 2023-34

Page 128 of 202 ends

ATTACHMENT 8
ORDINANCE NO. 567

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF

APPLE VALLEY, CALIFORNIA, APPROVING AND ADOPTING

A MITIGATED NEGATIVE DECLARATION AND A MITIGATION

MONITORING AND REPORTING PROGRAM PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
APPROVING DEVELOPMENT CODE AMENDMENT DCA 2022-
003 TO MODIFY NOTE 17 FROM TABLE 9.28.040-A (1)
MINIMUM LOT AREA OF SECTION 9.28.040 OF THE

DEVELOPMENT CODE, DECREASE THE LOT DEPTH
STANDARD IN THE RE-3/4 ZONING DISTRICT, AND APPROVE
ZONE CHANGE ZC 2022-005 FROM RESIDENTIAL
AGRICULTURE (R-A) TO ESTATE RESIDENTIAL 3/4 (RE-3/4).

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, the Town received a request for amendments to the land use designation and zoning district, as well as approval of a tentative map that is specific to 120 acres located on the northeast corner of Deep Creek and Del Oro Roads (APN: 0434-042-32) (Project); WHEREAS, Development Code Amendment DCA 2022-003 and Zone Change ZC 2022- 005 are consistent with the General Plan and Municipal Code of the Town of Apple Valley; WHEREAS, On October 13, 2023, GPA 2022-007 was duly noticed in the Apple Valley News, a newspaper of general circulation within the Town of Apple Valley. Pursuant to Section

9.13.030(9), a thirty-two (32) square foot sign was posted on the site adjacent to the public rightof-way with a description of the project and the location, date, time and place of the scheduled hearing; and
WHEREAS, On August 16, 2023 and September 6, 2023, the Planning Commission of the Town of Apple Valley conducted a duly noticed and advertised public hearing for Development Code Amendment DCA 2022-003 and Zone Change 2022-005, receiving testimony from the public and adopted Planning Commission Resolution No. 2022-003 recommending adoption of Development Code Amendment DCA 2022-003 and Zone Change 2022-005; and WHEREAS, On October 24, 2023, the Town Council of the Town of Apple Valley conducted a duly noticed and advertised public hearing for Development Code Amendment DCA 2022-003 and Zone Change 2022-005, receiving testimony from the public and adopted Town

Page 129 of 202 ends

Ordinance 567
Council Ordinance No. 2022-xx adopting Development Code Amendment DCA 2022-003 and Zone Change 2022-005; and
WHEREAS, Development Code Amendment DCA 2022-003 and Zone Change ZC 2022- 005 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, based upon the State Guidelines to Implement the California Environmental Quality Act (CEQA), an initial study (IS) in compliance with CEQA has been prepared that determined the proposal would not have any adverse impacts that would be potentially significant.

As such, a Mitigated Negative Declaration has been prepared; and WHEREAS, pursuant to State CEQA Guidelines Section 15073, the Draft MND was circulated for a 30-day public review period from July 15, 2023 to August 15, 2023; and WHEREAS, during the public comment period, copies of the Draft MND, including technical appendices, were available for review and inspection at Town Hall and on the Town website; and
WHEREAS, the Final MND consists of the Draft MND, comments and responses on the draft MND, and the Mitigation Monitoring Reporting Program (MMRP); and WHEREAS, all the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the Town in connection with the preparation of the MND, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project, as well, as feasible mitigation measures, have been adequately evaluated: and WHEREAS, all of the findings and conclusion made by the Town Council pursuant to this Ordinance are based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference, and not based solely on information provided in this Resolution; and WHEREAS, no comments made in the public hearing conducted by the Town Council, and no additional information submitted to the Town, have produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review of the proposed Project under State CEQA Guidelines section 15073.5; and
WHEREAS, prior to taking action, the Town Council had heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the Initial Study, MND, comments on the MND received, all recommendations by staff, public testimony, and MMRP; and
WHEREAS, on the basis of the whole record, including the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Town Council’s independent judgment and analysis, and
WHEREAS, a copy of the Initial Study, may be obtained at: Town of Apple Valley, Planning Division, 14955 Dale Evans Pkwy., Apple Valley, CA 92307, and

Page 130 of 202 ends

Ordinance 567
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 abovereferenced October 24, 2024, hearings, including public testimony and written and oral staff reports, the Town Council of the Town of Apple Valley, California, finds and determines as follows and take the following actions:

A. The following are the Findings for an amendment to the Development Code and Zone Change as required under Section 9.06.060:

1. The proposed Amendment is consistent with the General Plan; and Comment: The Amendments will increase the Town’s housing stock while allowing new subdivisions with equestrian trails, buffers, development standards and installation of required infrastructure/public service to minimize impact to existing neighborhoods consistent with Policy 4.B, Program 4, Goal 3, Policy 3.A, Program 3.A.1, and Policy 2.B of the Land Use Element, as well as Policy 1.G of the Housing Element. The Town is demonstrating a commitment to reviewing the Development Code for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations consistent with Program 2.A.1 of the Land Use Element and Program 1.A.3 of the Housing Element.

2. The proposed Amendment will not be detrimental to the public health, safety or welfare of the Town or its residents.

Comment: The Amendments are intended to remove and modify language that will provide additional opportunities for housing while maintaining standards requiring new housing development to install infrastructure, including roadways and utilities, consistent with Policy 2.B of the Land Use Element.

The Amendments will continue to require increased setbacks, walls, berms, landscaping, incremental lot sizes, buffering features consistent with Program 3.A.1 of the Land Use Element.

Section 3. Section 9.28.040 of the Apple Valley Municipal Code is hereby amended to modify Note 17 from Table 9.28.040-A (1) Minimum lot area of Section 9.28.040 of the Development Code (added language in bolded and underlined):

The Amendments proposed to modify Note 17 to state that projects proposed in the Deep Creek area shall be required to provide buffers along its perimeter, such as open space, large parkways, and equestrian trails, or perimeter lots of the same size or larger than the adjacent land use designation, or lands across the abutting street to

Page 131 of 202 ends

Apple Valley City CouncilNovember 14, 2023

Apple Valley City Council
November 14, 2023