Apple Valley City Council
April 23, 2024

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, April 23, 2024, 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. THE TOWN OF APPLE VALLEY CONTINUES TO SUPPORT PUBLIC

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[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 Ferguson - Calvary Chapel Apple Valley

2.2 Pledge of Allegiance

2.3 Presentations

2.3.1 Certificate of Appointment - Joe Guarnett - Park and Recreation Commission

2.3.2 Darron Poulsen - General Manager, Victor Valley Waste Water Reclamation Authority

3. Public Comments

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

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

5. Town Council Announcements

5.1 Suggested items for next Agenda

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - May 14, 2024 - Council Chamber Regular Session at 6:30p.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 8
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 APPROVE RESOLUTION AUTHORIZING SUBMITTAL OF A CLAIM FORM TO SBCTA FOR McCONNELL PARK MULTI-USE PATH TDA
ARTICLE 3 FUNDS
16 Adopt Resolution No. 2024-04 authorizing submittal of a claim form to the San Bernardino County Transportation Authority (SBCTA) for the Transportation Development Act (TDA) Article 3 funds for the McConnell Park Multi-Use Path.

6.3 APPROVE RESOLUTION AUTHORIZING SUBMITTAL OF A CLAIM

FORM TO SBCTA FOR CENTRAL ROAD CLASS II BIKEWAY TDA
ARTICLE 3 FUNDS
20 Adopt Resolution No. 2024-05 authorizing submittal of a claim form to the San Bernardino County Transportation Authority (SBCTA) for the Transportation Development Act (TDA) Article 3 funds for the Central Road Class II Bikeway.

6.4 PROFESSIONAL SERVICE AGREEMENT FOR PLANNING

CONTRACT SERVICES BETWEEN THE TOWN OF APPLE VALLEY
AND INTERWEST CONSULTING GROUP INC.
24 Approve a Professional Service Agreement (PSA) between the Town of Apple Valley and Interwest Consulting Group, Inc., in the amount of $170,000, for Planning Contract Services.

6.5 ADOPTION OF ORDINANCE NO. 569 – AN ORDINANCE OF THE

TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
AMENDING SECTION 1.01.200, SUBSECTION (E)(4) OF THE APPLE

VALLEY MUNICIPAL CODE AS IT RELATES TO ALLOWABLE

ILLEGAL CANNABIS CULTIVATION
46 ADMINISTRATIVE FINES
Adopt Ordinance No. 569

6.6 APPROVE SBCTA FUNDING AGREEMENT 24-1003077 49
That the Town Council approve Project Funding Agreement No. 24- 1003077 with San Bernardino County Transportation Authority (SBCTA) for the Yucca Loma Road Widening Project, subject to approval as to form by the Town Attorney and as to content by the Town Manager.

6.7 PURCHASE OF SECURITY CAMERAS AND IMPLEMENTATION

SERVICES
59 That Council authorize the purchase of additional security cameras and implementation services for the Town’s existing Verkada solution from Matrix Audio Visual Designs, Inc. in the amount not to exceed $165,000.00, and authorize the Town Manager or designee to execute appropriate agreements and documentation; pending Town Council approval of the Fiscal Year 2023-24 Mid-Year Budget Amendment.

7. Public Hearings

7.1 2024-2025 ANNUAL ACTION PLAN 78
It is recommended that the Town of Apple Valley (“Town”) Council:

Conduct a public hearing and receive comments on the draft 2024-2025 Annual Action Plan (AAP) for the use of Community Development Block Grant (CDBG) funds, and HOME Investment Partnerships (HOME) funds.

A.

Approve the Community Development Citizen Advisory
Committee (CDCAC) funding recommendations for the 2024- 2025 Third-Year AAP, an annual component of the Five-Year 2022-2026 Consolidated Plan (“Consolidated Plan”).

B.

Provide Town Staff with a methodology to distribute funds should the Town’s 2024-2025 CDBG and HOME annual
allocation increase or decrease.

C.

Authorize the Town Manager to execute all necessary HUD documents on behalf of the Town
D.

8. Business of the Council

8.1 FISCAL YEAR 2023-24 MID-YEAR BUDGET REVIEW 86
That the Town Council receive and file the Fiscal Year 2023-24 Mid-Year Budget Review Report.

A.

Approve Budget Amendment incorporating revenue and
expenditure changes and carry forwards as proposed herein.

B.

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update

11. Closed Session

12. Adjournment
Recommended Motion:

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

TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS

CITIZEN ADVISORY COMMITTEES

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

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

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

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY (SBCTA)
Mayor Pro-Tem Bishop - Board Member
Council Member Cusack – Alternate
Meets 2
nd Wednesday of each month at 9:00 a.m.,
I10/I15 Corridor meets 2
nd Thursday at 10:00 a.m.
1170 West 3
rd St.

San Bernardino

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

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

VICTOR VALLEY ECONOMIC DEVELOPMENT

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

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

VICTOR VALLEY WASTE WATER RECLAMATION

AUTHORITY (VVWRA)

Mayor Nassif – Commissioner
Mayor Pro-Tem Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.

VVWRA Offices

GREATER HIGH DESERT CHAMBERS

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

Town Council Agenda Report
Date: April 23, 2024
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 April 9, 2024.

1 Apple Valley Town Council

MINUTES
April 9, 2024, 6:30 p.m.

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

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

2. Opening Ceremonies

2.1 Invocation
Pastor Frank Morley - Apple Valley Church of the Nazarene

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

2.3 Presentations
Presentation to the American Legion Auxiliary Apple Valley, proclaiming American Legion Family Day.

3. Public Comments
Gene Marcinkowski, Apple Valley, expressed concern regarding the excessive lighting in the Town. He stated that he had reached out to Code Enforcement on this matter.

Nancy Stanek, property owner, commented on utility bills for their property not being sent to them at an alternate address as requested. She explained that the lack of receiving these bills caused delinquent fees to be accessed that she was

2 required to pay to avoid a lien. She believed that the error was internal and requested that the penalties paid be reimbursed.

Mariana (No Last Name Given), spoke regarding the war in Gaza and recommended the Town Council urge Congressman Obernolte to sign a resolution in support of a ceasefire.

Roo McMahon, respectfully requested the Town Council pass a ceasefire resolution to support Gaza and our Palestinian community.

Priscilla Munoz, High Desert for Palestine, respectfully asked the Town Council to support a resolution of ceasefire.

No Name Given, spoke in support of adopting a resolution supporting a ceasefire, addressing the issues taking place in Gaza.

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

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

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

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

Council Member Leon commented on committee meetings and events that she attended.

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

Mayor Nassif commented on committee meetings and events that he attended.

5. Town Council Announcements

5.1 Suggested items for next Agenda
Council Member Emick informed the Town Council of the concept development of a Town seal that he was presented from an art student.

He suggested that the concept be discussed at a future meeting.

3 5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - April 23, 2024 - Council Chamber Regular Session at 6:30p.m.

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

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

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

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

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

6.2 MARCH 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER

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

4 6.3 MARCH 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.

6.4 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT
Award a contract to J. Allison Construction for the Residential Rehabilitation Loan Program H24-03 subject to “Approval as to Form” by the Town Attorney, and “Approval as to Content” by the Town Manager.

6.5 BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER
REHABILITATION & WIDENING PROJECT: FORMAL CONTRACT
AMENDMENT NO. 3 – ADDITIONAL SCOPE
Approve Formal Contract Amendment No. 3 to the March 11, 2014 Agreement between the Town of Apple Valley and Dokken Engineering for engineering and design services for the Bear Valley Road Bridge over the Mojave River Rehabilitation and Widening Project for an amount not-toexceed $380,088 and a time extension to December 31, 2025.

6.6 RELEASE OF SECURITIES FOR TRACT MAPS 18917-1, 18917-4, 18917
It is recommended that the Town Council find that the construction of various improvements required for Tracts 18917-1 and 18917-4, and 18917 are complete, and approve the 50% reduction of the performance securities.

6.7 PURCHASE SIGNAL POLES FOR BEAR VALLEY ROAD

INTERSECTION INPROVEMENT PROJECT
It is recommended that the Town Council authorize the purchase of traffic signal poles for the Bear Valley Road Intersection Improvements Project

6.8 AWARD A PROFESSIONAL SERVICES AGREEMENT TO CONDUCT

PUBLIC OPINION RESEARCH AND COMMUNITY ENGAGEMENT

PLANNING
That the Town Council award a Professional Services Agreement to Fairbank, Maslin, Maullin, Metz & Associates in an amount not to exceed $100,000 to conduct public opinion research and community engagement planning subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

5 7. Public Hearings

7.1 INTRODUCE ORDINANCE NO. 569 – AN ORDINANCE OF THE TOWN

COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
AMENDING SECTION 1.01.200, SUBSECTION (E)(4) OF THE APPLE

VALLEY MUNICIPAL CODE AS IT RELATES TO ALLOWABLE

ILLEGAL CANNABIS CULTIVATION ADMINISTRATIVE FINES
Find that the proposed adoption of Ordinance No. 569 is not subject to and is Exempt from CEQA, based upon findings under CEQA Guidelines, Section 15061 Sub (b)(3) that can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment. Move to waive the reading of Ordinance No. in its entirety and read by title only. Move to Introduce Ordinance No. amending Chapter 1.01.200 subsection (e)(4) as it relates to the enforcement of allowable illegal cannabis cultivation administrative fines. Direct Staff to file a Notice of Exemption.

Mayor Nassif opened the public hearing at 7:15 p.m.

Monica Camacho, Senior Code Enforcement Officer, presented the staff report as filed with the Town Clerk.

Roo Mc Mahon, believed this item raised concerns regarding the cost for the violations. She asked that the ordinance be read in its entirety.

There being no further requests to speak, Mayor Nassif closed the public hearing at 7:27 p.m.

Thomas Rice, Town Attorney, addressed the speaker’s request for the ordinance to be read in its entirety. He explained that the code allows for the ordinance to be read by title only.

Motion by: Council Member Emick
Seconded by: Council Member Cusack

1. Find that the proposed adoption of Ordinance No. is not subject to and is Exempt from CEQA, based upon findings under CEQA Guidelines, Section 15061 Sub (b)(3) that can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.

2. Move to waive the reading of Ordinance No. 569 in its entirety and read by title only.

6 Yes (5): Mayor Nassif, Mayor Pro Tem Bishop, Council Member Cusack, Council Member Emick, and Council Member Leon
Carried (5 to 0)
La Vonda M-Pearson, Town Clerk, read the title to Ordinance No. 569.

Motion by: Council Member Cusack
Seconded by: Council Member Emick

3. Move to Introduce Ordinance No. 569 amending Section 1.01.200, Subsection (e)(4) as it relates to the enforcement of allowable illegal cannabis cultivation administrative fines.

4. Direct Staff to file a Notice of Exemption.

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

8. Business of the Council

8.1 VACANCY ON THE PARK AND RECREATION COMMISSION
Council Member Emick to nominate: ____________ to the Town of Apple Valley Park and Recreation Commission.

Council Member Emick nominated Joe Guarett, to fill the vacancy on the Park and Recreation Commission.

Motion by: Council Member Emick
Seconded by: Mayor Pro Tem Bishop
To nominate Joe Guarett to the Town of Apple Valley Park and Recreation Commission.

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

7 9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, presented an update of current events, upcoming events and activities in the Town of Apple Valley.

11. Closed Session
Motion by: Council Member Emick
Seconded by: Council Member Leon
To Adjourn the regular meeting to move into Closed Session at 7:39 p.m. to discuss the following:

11.1 CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION – Significant exposure to litigation pursuant to paragraph (2) of subdivisions (d) of Section 54956.9: One or more cases.

Carried Unanimously
Upon returning from Closed Session at 8:06 p.m. Mayor Nassif announced that there was no reportable action taken.

12. Adjournment
To adjourn the meeting of the Apple Valley Town Council at 8:07 p.m.

Unanimously Carried
_______________________
Mayor, Scott Nassif
______________________________
Town Clerk, La Vonda M-Pearson

Town Council Agenda Report
Date: April 23, 2024
To: Honorable Mayor and Town Council
Subject: APPROVE RESOLUTION AUTHORIZING SUBMITTAL OF A CLAIM FORM TO SBCTA FOR McCONNELL PARK MULTI-USE PATH TDA
ARTICLE 3 FUNDS

From: Douglas Robertson, Town Manager
Submitted by: Julie Ryan, Special Projects Manager
Town Manager
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Adopt Resolution No. 2024-04 authorizing submittal of a claim form to the San Bernardino County Transportation Authority (SBCTA) for the Transportation Development Act (TDA) Article 3 funds for the McConnell Park Multi-Use Path.

BACKGROUND
In May 2023, the SBCTA Board authorized the release of the Transportation Development Act (TDA) Article 3 Call for Bicycle and Pedestrian Facilities and Transit Stop Access Improvements. Local jurisdictions and transit agencies were notified of this opportunity through the SBCTA’s website and Transportation Technical Advisory Committee (TTAC) email list. The amount of Article 3 funds to be available for the award was $5,760,000. The closing date for the Call for Projects was July 7, 2023.

The TDA provides that two percent of the State of California Local Transportation Funds (LTF) be made available to counties and cities for facilities for the exclusive use of bicyclists and pedestrians, known as the TDA Article 3 Program. In August 1999, the SBCTA Board (Board) approved a policy that 80 percent of TDA Article 3 funds would be made available for projects that implement or improve bicycle and pedestrian facilities.

The remaining 20 percent of the TDA Article 3 program would be made available for projects that improve access to transit stops for pedestrians and persons with disabilities.

On October 13, 2023, the SBCTA Board of Directors approved funding from the TDA Article 3 Bicycle and Pedestrian Facilities Program for the McConnell Park Multi-Use Path in the amount of $240,426. This Project will construct a new concrete multi-use path along Pahute Road leading from Navajo Road to the newly constructed Captain Joseph McConnell Jr., USAF Park. The project is currently under design with a goal of being completed by June 2024. The Town’s overall goal is to finish all improvements and open the park in mid- to late 2025. Although the timeline is aggressive, the Town and design firm believe it’s realistic and have prepared a critical path schedule to ensure timeliness.

As a requirement of the TDA Article 3 grant, agencies are required to adopt a resolution authorizing submittal of a claim form to SBCTA.

FISCAL IMPACT
The Town’s General Fund will be reimbursed in the amount of $240,426.

ATTACHMENTS
A. McConnell Park Resolution No. 2024-04

RESOLUTION NO.2024-04

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

APPLE VALLEY, CALIFORNIA, AUTHORIZING SUBMITTAL OF

A CLAIM TO THE SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY FOR TRANSPORTATION
DEVELOPMENT ACT ARTICLE 3 FUNDS FOR THE
McCONNELL PARK MULTI-USE PATH
WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and
WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and
WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and
WHEREAS, the San Bernardino County Transportation Authority (SBCTA) authorizes funding for a wide variety of transportation programs in San Bernardino County, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects to local transportation agencies through annual apportionment and allocation processes, and approves payments periodically throughout the year; and
WHEREAS, SBCTA awarded the Town of Apple Valley TDA Article 3 grant funds in the amount of $240,426 for development of the McConnell Park Multi-Use Path within the Town of Apple Valley jurisdiction through a competitive “Call for Projects”; and WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and WHEREAS, SBCTA requires the Town of Apple Valley to submit a claim and request(s) for reimbursement; and
WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the Town Council; and
WHEREAS, the McConnell Park Multi-Use Path award is over $200,000, and is eligible for progress reimbursement, or under, and eligible for reimbursement at project completion; and WHEREAS, SBCTA requires the designation of individuals authorized to certify Project completion.

Resolution 2024-04

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AS FOLLOWS:

Section 1. That the Town authorizes submittal of a claim and request for reimbursement(s) for TDA Article 3 funds for the McConnell Park Multi-Use Path in the amount of $240,426; and
Section 2. That the Town Manager is authorized to certify project completion; and Section 3. That the Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED by the Town Council of the Town of Apple Valley this 23rd day of April 2024.

Scott Nassif
Mayor
ATTEST:

La Vonda M. Pearson
Town Clerk

Town Council Agenda Report
Date: April 23, 2024
To: Honorable Mayor and Town Council
Subject: APPROVE RESOLUTION AUTHORIZING SUBMITTAL OF A CLAIM

FORM TO SBCTA FOR CENTRAL ROAD CLASS II BIKEWAY TDA
ARTICLE 3 FUNDS

From: Douglas Robertson, Town Manager
Submitted by: Julie Ryan, Special Projects Manager
Town Manager
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Adopt Resolution No. 2024-05 authorizing submittal of a claim form to the San Bernardino County Transportation Authority (SBCTA) for the Transportation Development Act (TDA) Article 3 funds for the Central Road Class II Bikeway.

BACKGROUND
In May 2023, the SBCTA Board authorized the release of the Transportation Development Act (TDA) Article 3 Call for Bicycle and Pedestrian Facilities and Transit Stop Access Improvements. Local jurisdictions and transit agencies were notified of this opportunity through the SBCTA’s website and Transportation Technical Advisory Committee (TTAC) email list. The amount of Article 3 funds to be available for the award was $5,760,000. The closing date for the Call for Projects was July 7, 2023.

The TDA provides that two percent of the State of California Local Transportation Funds (LTF) be made available to counties and cities for facilities for the exclusive use of bicyclists and pedestrians, known as the TDA Article 3 Program. In August 1999, the SBCTA Board (Board) approved a policy that 80 percent of TDA Article 3 funds would be made available for projects that implement or improve bicycle and pedestrian facilities.

The remaining 20 percent of the TDA Article 3 program would be made available for projects that improve access to transit stops for pedestrians and persons with disabilities.

On October 13, 2023, the SBCTA Board of Directors approved funding from the TDA Article 3 Bicycle and Pedestrian Facilities Program for the Central Road Class II Bikeway

in the amount of $397,500. This Project will construct a new Class II Bikeway along Central Road from Bear Valley Road to just south of State Route 18 and provide a dedicated bike lane along the corridor to improve safety of bicyclists by segregating them from motorists. This Project is part of the larger project to reconstruct and widen Central Road.

As a requirement of the TDA Article 3 grant, agencies are required to adopt a resolution authorizing submittal of a claim form to SBCTA.

FISCAL IMPACT
The Town’s General Fund will be reimbursed in the amount of $397,500.

ATTACHMENTS
A. Central Rd Resolution No. 2024-05

RESOLUTION NO.2024-05

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

APPLE VALLEY, CALIFORNIA, AUTHORIZING SUBMITTAL OF

A CLAIM TO THE SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY FOR TRANSPORTATION
DEVELOPMENT ACT ARTICLE 3 FUNDS FOR THE CENTRAL

ROAD CLASS II BIKEWAY PROJECT
WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and
WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and
WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and
WHEREAS, the San Bernardino County Transportation Authority (SBCTA) authorizes funding for a wide variety of transportation programs in San Bernardino County, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects to local transportation agencies through annual apportionment and allocation processes, and approves payments periodically throughout the year; and WHEREAS, SBCTA awarded the Town of Apple Valley TDA Article 3 grant funds in the amount of $397,500 for development of the Central Road Class II Bikeway within the Town of Apple Valley jurisdiction through a competitive “Call for Projects”; and WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and WHEREAS, SBCTA requires the Town of Apple Valley to submit a claim and request(s) for reimbursement; and
WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the Town Council; and
WHEREAS, the Central Road Class II Bikeway award is over $200,000, and is eligible for progress reimbursement, or under, and eligible for reimbursement at project completion; and

Resolution 2024-05
WHEREAS, SBCTA requires the designation of individuals authorized to certify Project completion.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AS FOLLOWS:

Section 1. That the Town authorizes submittal of a claim and request for reimbursement(s) for TDA Article 3 funds for the Central Road Class II Bikeway Project in the amount of $397,500; and
Section 2. That the Town Manager is authorized to certify project completion; and Section 3. That the Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED by the Town Council of the Town of Apple Valley this 23rd day of April 2024.

Scott Nassif
Mayor
ATTEST:

La Vonda M. Pearson
Town Clerk

Town Council Agenda Report
Date: April 23, 2024
To: Honorable Mayor and Town Council
Subject: PROFESSIONAL SERVICE AGREEMENT FOR PLANNING

CONTRACT SERVICES BETWEEN THE TOWN OF APPLE VALLEY
AND INTERWEST CONSULTING GROUP INC.

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

RECOMMENDED ACTION
Approve a Professional Service Agreement (PSA) between the Town of Apple Valley and Interwest Consulting Group, Inc., in the amount of $170,000, for Planning Contract Services.

BACKGROUND
Since November 2022, Interwest Consulting Group (Interwest) has provided planning consulting services to help Town staff process an unprecedented number of land use applications for large industrial developments in North Apple Valley. Interwest was selected out of three planning consulting firms in part because of their understanding of the required scope of services as well as their technical expertise and excellent references. Staff originally was able to procure for services because the cost of services did not exceed $50,000.

ANALYSIS
In the last 18 months, however, the number of land use applications has grown to over 20 million square feet of new industrial development projects. An extension to the contract was made in November 2023, but the cost for services is now expected to exceed $50,000 requiring Town Council authorization. In addition, a vacancy has recently occurred in the Planning Division for the Assistant Planner position. Interwest is ready, able, and has demonstrated a high-quality workproduct to-date in order to continue to

provide the Town with contract services during this period of high workload demand and staffing vacancy.

FISCAL IMPACT
The PSA is not-to-exceed an amount of $170,000. The Town does not incur a cost in processing applications for large industrial development by utilizing services by Interwest.

These costs are passthrough, as staff has executed “Indemnification and Reimbursement Agreements” between the Town and Applicants of proposed industrial developments, in order to better accommodate project timelines. Such agreements ensure that the Town can recover all consultant fees, as well as attorney fees associated with processing land use applications, as well as expedite projects. A small portion of the contract will be expended from unspent funds of the vacacnt Assistant Planner position. The PSA is for a term of 17 months, retroactive to February 1, 2024, and valid through June 31, 2025.

The funds were accounted for in FY 23-24 and are expected to continue through FY 24-

25. ATTACHMENTS

1. Professional Service Agreement (PSA) dated April 2024

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TOWN OF APPLE VALLEY

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of April, 2024, 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 Interwest Consulting Group, Inc., a Colorado Corporation , with its principal place of business at 1 Jenner, Suite 160, Irvine CA 92618 ("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 Contract Planning 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 qualified Planners to assist with the processing and managing of planning applications and providing customer support services necessary for the Planning Department ("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 Services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from February 01, 2024 to June 31, 2025, unless earlier terminated as provided herein. The Town may renew this Agreement automatically for no more than three additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Fees and Payments

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

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in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred and Seventy Thousand Dollars ($170,000.00) 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 "B" 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 “B” may be adjusted each year at the time of renewal as set forth in Exhibit “B.”

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. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of Town, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by

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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: Thomas Strand, Planning and Environmental Manager.

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

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

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

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3.3.9 Period of Performance.

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

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

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

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

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

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

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

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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 Mojave Desert Air Quality Management District (MDAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify Town against any fines or penalties imposed by MDAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

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

3.3.11 Insurance.

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

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

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(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.

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) 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.

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

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

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

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

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

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(C) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the Town nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law.
(F) Consultant shall report to the Town, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

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

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

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

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3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

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

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

Consultant: Interwest Consulting Group, Inc.
1 Jenner, Suite 160
Irvine, CA 92618
ATTN: Richard Smeaton
(714) 889-9039
Town: Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, California 92307
ATTN: Daniel Alcayaga, Planning Manager
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

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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.

For the avoidance of doubt, nothing in this Agreement shall be understood to grant Town rights to pre-existing intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto.

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

3.6.3.3 Right to Use. Town shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at 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 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. Consultant shall have no liability

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with respect to the use of the Documents & Data for projects other than those for which they were prepared.

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 selected from Consultant’s insurance carrier’s panel counsel), and hold Town harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that Town release such information.

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

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of Town’s choosing and selected from Consultant's insurance carrier's panel counsel), indemnify and hold the Town, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any negligent 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

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proceeds, if any, received by Consultant, the Town, its officials, officers, employees, agents, or volunteers. For the avoidance of doubt, Consultant shall have the right to defend any action for which indemnification is sought under any part of this Section 3.6.5. Any person or entity seeking indemnification under this Section 3.6.5 shall promptly report the matter to Consultant such that defense of the matter is not compromised.

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

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

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

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

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

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

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 consent shall not be unreasonably delayed or withheld. 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

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

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

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

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

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

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

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

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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 INTERWEST CONSULTING GROUP, INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF APPLE VALLEY
By:

Orlando Acevedo
Assistant 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

INTERWEST CONSULTING GROUP, INC
By:

Paul Meschino
President

Exhibit “A”-1
EXHIBIT "A"

SCOPE OF SERVICES

Exhibit “A”-2

Exhibit “B”-1
EXHIBIT "B"

COMPENSATION

(BB&K 2017) Exhibit “B”-2
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario.]

Town Council Agenda Report
Date: April 23, 2024
To: Honorable Mayor and Town Council
Subject: ADOPTION OF ORDINANCE NO. 569 – AN ORDINANCE OF THE

TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
AMENDING SECTION 1.01.200, SUBSECTION (E)(4) OF THE APPLE

VALLEY MUNICIPAL CODE AS IT RELATES TO ALLOWABLE

ILLEGAL CANNABIS CULTIVATION ADMINISTRATIVE FINES

From: Douglas Robertson, Town Manager
Submitted by: Monica Camacho, Senior Code Enforcement Officer Code Enforcement
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Adopt Ordinance No. 569

SUMMARY
At its April 9th, 2024 meeting, the Town Council reviewed and introduced Ordinance No. 569 that amends Section 1.01.200, Subsection (e)(4) of the Town of Apple Valley Municipal Code as it relates to allowable illegal cannabis cultivation administrative fines.

Ordinance No. 569 has been scheduled for adoption at the April 23rd, 2024 Town Council Meeting.

FISCAL IMPACT
None.

ATTACHMENTS
Ordinance No. 569

ORDINANCE NO. 569

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN

OF APPLE VALLEY, CALIFORNIA, AMENDING SECTION

1.01.200, SUBSECTION (E)(4) OF THE APPLE VALLEY

MUNICIPAL CODE AS IT RELATES TO ALLOWABLE

ILLEGAL CANNABIS CULTIVATION ADMINISTRATIVE
FINES
WHEREAS, the Town’s Code Enforcement Division currently enforces the Town’s rules and regulations relating to the illegal cultivation of cannabis; and WHEREAS, amendments to the Town’s Municipal Code are necessary to allow Town Code Enforcement Officers to more effectively and efficiently enforce these rules and to align these rules with State law; and
WHEREAS, the amendments are necessary to uphold the Town Council’s intent of the Code; and
WHEREAS, it is the objective of the Town of Apple Valley through code enforcement efforts to preserve and enhance properties located within the Town limits.

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

Section 1. The recitals above are true and correct and are hereby incorporated herein by this reference.

Section 2. Section 1.01.200, Subsection (e)(4) of Title 1 of the Town of Apple Valley Municipal Code is hereby amended to read in its entirety as follows:
“(4) Exception: The administrative citation penalty for commercial marijuana business or operation or prohibited residential marijuana cultivation in violation of Apple Valley Development Code Chapters 9.29 or 9.36 and any zoning, building, plumbing, electrical, or other similar structural, health and safety code violation that exists as a result of, or to facilitate, the illegal cultivation of marijuana shall be $1,000.00 per violation not to exceed $10,000.00 per day.”
Section 3. Except as expressly amended hereby, all other provisions of Title 1 of the Town of Apple Valley Municipal Code shall remain in effect.

Section 4. Compliance with California Environmental Quality Act. This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and it has been determined that approval of the Ordinance is exempt from further environmental review under

the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the amendments to the Municipal Code will have a significant effect on the environment.

The Town Council concurs in these findings and adopts them as its own.

Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Town Council of the Town of Apple Valley hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 6. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under Section 36933 of the Government Code of the State of California.

Section 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

APPROVED, and ADOPTED by the Town Council of the Town of Apple Valley, California, at a regular meeting held on this 23rd day of April, 2024. _____________________________
Scott Nassif, Mayor
ATTEST:
____________________________
La Vonda Pearson, Town Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________
Thomas Rice, Town Attorney Douglas B. Robertson, Town Manager

Town Council Agenda Report
Date: April 23, 2024
To: Honorable Mayor and Town Council
Subject: APPROVE SBCTA FUNDING AGREEMENT 24-1003077

From: Douglas Robertson, Town Manager
Submitted by: Julie Ryan, Special Projects Manager
Town Manager
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve Project Funding Agreement No. 24-1003077 with San Bernardino County Transportation Authority (SBCTA) for the Yucca Loma Road Widening Project, subject to approval as to form by the Town Attorney and as to content by the Town Manager.

BACKGROUND
The Town entered into a Professional Services Agreement with Kimley-Horn Engineering to prepare the plans, specifications, estimate, and bid documents to reconstruct Yucca Loma Road from Apple Valley Road to Rincon Road. The first phase of the project, consisting of the westerly 1,200 feet, was advertised on March 26, 2024, and is tentatively scheduled for award at the May 14, 2024, Town Council meeting. Construction is scheduled to begin in June with an estimated total construction cost of $3,000,000.00.

In preparation for the commencement of this project, a Funding Agreement has been prepared between the Town of Apple Valley and SBCTA to formalize the construction funding commitments between the two agencies. The Funding Agreement includes a pledge of 45% ($1,350,000.00) from SBCTA using Measure I Major Local Highway Program (MLHP) funds. The Town is responsible for the remaining 55% ($1,650,000.00) which will come from Traffic Impact Fees.

A draft of the Agreement is attached for review. The final document will be signed electronically using Adobe Sign which has a limited signing window. The document will be forwarded to the Town’s representatives upon approval and will be executed by SBCTA at the next Mountain/Desert Policy Committee meeting held May 17, 2024.

FISCAL IMPACT
Approval of Project Funding Agreement No. 24-1003077 will enable SBCTA to contribute the necessary MLHP funds of 45% of the project’s cost up to a maximum of $1,350,000.00.

ATTACHMENTS
A. Draft Project Funding Agreement No. 24-1003077.

24-1003077

PROJECT FUNDING AGREEMENT NO. 24-1003077
FOR

YUCCA LOMA ROAD WIDENING PROJECT
(TOWN OF APPLE VALLEY)
THIS Project Funding Agreement (“AGREEMENT”) is made and entered into by and between the Town of Apple Valley ("TOWN") and the San Bernardino County Transportation Authority ("SBCTA"). SBCTA and TOWN are each a “Party” and collectively “Parties.”

RECITALS
A. The Measure I 2010-2040 Expenditure Plan and the Victor Valley Subarea transportation planning partners have identified projects eligible for funding from Measure I 2010-2040 Victor Valley Subarea Major Local Highway Projects Program ("MLHP") funds; and B. The Yucca Loma Road Widening Project (“PROJECT”) is one of the projects identified as eligible for such funding and is described more fully in Attachment A; and C. The proposed PROJECT will consist of widening Yucca Loma Road from two to four lanes from Apple Valley Road to 1,200 feet east; and
D. SBCTA prepared a study, referenced herein as the Nexus Study, dated November 2, 2011, updated every two years in accordance with the Measure I 2010-2040 Expenditure Plan, that identified for projects located in TOWN, the SBCTA Public Share as 45% and the TOWN Developer Share as 55% of costs necessary to complete the PROJECT; and E. TOWN identified a need of $1,350,000 in Measure I 2010-2040 Victor Valley Subarea funds to complete the Construction Phase of the PROJECT; and
F. The Victor Valley Subarea transportation planning partners have identified this PROJECT as eligible for funding of this Construction Phase in an amount up to $1,350,000 from Measure I 2010-2040 Victor Valley Subarea MLHP funds for the PROJECT; and G. PROJECT WORK is defined as the Construction Phase; and H. This AGREEMENT is to be carried out in accordance with the policies in the Measure I 2010- 2040 Strategic Plan as adopted by SBCTA including the use of Development Impact Fees by TOWN to pay its share of PROJECT costs; and
I. TOWN desires to proceed with the PROJECT WORK in a timely manner; and J. This AGREEMENT is intended to delineate the duties and funding responsibilities of the Parties for the PROJECT WORK; and

24-1003077

K. SBCTA and TOWN are entering into this AGREEMENT with the understanding that SBCTA will reimburse TOWN for eligible PROJECT WORK expenditures with MLHP funds.

NOW, THEREFORE, the Parties agree to the following:

SECTION I
SBCTA AGREES:

1. To reimburse TOWN for the actual cost of the PROJECT WORK up to a maximum of $1,350,000 in Measure I 2010-2040 Victor Valley Subarea MLHP funds. An estimate of costs for the PROJECT WORK is provided in Attachment B. SBCTA shall have no further responsibilities to provide any funding for PROJECT WORK exceeding this amount without an amendment to this AGREEMENT.

2. To reimburse TOWN within 30 days after TOWN submits an electronic copy of the signed invoices in the proper form covering those actual allowable PROJECT WORK expenditures that were incurred by TOWN up to a maximum amount identified in Section I, Paragraph 1 of this AGREEMENT, consistent with the invoicing requirements of the Measure I 2010-2040 Strategic Plan, including backup information. Invoices may be submitted to SBCTA as frequently as monthly.

3. When conducting an audit of the costs claimed under the provisions of this AGREEMENT, to rely to the maximum extent possible on any prior audit of TOWN performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to SBCTA when planning and conducting additional audits.

4. To assign a project liaison for the purpose of attending Project Development Team (PDT) meetings.

SECTION II
TOWN AGREES:

1. To be the lead agency for PROJECT WORK and to diligently undertake and complete in a timely manner the Scope of Work for the PROJECT WORK as shown in Attachment A.

2. To be responsible for expending that portion of allocated MLHP funds on eligible PROJECT WORK expenses in an amount not to exceed $1,350,000 in Measure I 2010- 2040 Victor Valley Subarea MLHP funds unless AGREEMENT is amended and approved increasing PROJECT WORK costs. Reimbursement by SBCTA shall be in accordance with Section I, Paragraph 2. Additionally, expenses relative to time spent on the PROJECT WORK by TOWN staff are considered eligible PROJECT expenses and may be charged to the PROJECT, subject to SBCTA’s guidelines.

3. To abide by all applicable SBCTA, TOWN, State and Federal laws, regulations, policies and procedures pertaining to the PROJECT WORK.

24-1003077

4. To prepare and submit to SBCTA an electronic copy of signed invoices for reimbursement of eligible PROJECT WORK expenses. Invoices may be submitted to SBCTA as frequently as monthly.

5. To maintain all source documents, books and records connected with its performance under this AGREEMENT for a minimum of five (5) years from the date of the Final Report of Expenditures submittal to SBCTA or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SBCTA during normal business hours at TOWN Hall. Copies will be made and furnished by TOWN upon written request by SBCTA.

6. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support TOWN’s requests for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT WORK elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by TOWN.

7. To prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT WORK costs expended for those activities described in the work activities, and to submit that Final Report of Expenditures and final invoice no later than one hundred twenty (120) days following the completion of those expenditures funded under this AGREEMENT. The Final Report of Expenditures shall be submitted to SBCTA and must state that these PROJECT WORK funds were used in conformance with this AGREEMENT and for those PROJECT WORK-specific work activities described.

8. To cooperate in having a PROJECT-specific audit completed by SBCTA, at SBCTA’s option and expense, upon completion of the PROJECT WORK. The audit must state that all funds expended on the PROJECT WORK were used in conformance with this AGREEMENT.

9. To repay to SBCTA any reimbursement for Measure I costs that are determined by subsequent audit to be unallowable within one hundred twenty (120) days of TOWN receiving notice of audit findings, which time shall include an opportunity for TOWN to respond to and/or resolve the findings. Should the findings not be otherwise resolved and TOWN fail to reimburse moneys due SBCTA within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both Parties, SBCTA reserves the right to withhold future payments due TOWN from any source under SBCTA’s control.

10. To include SBCTA in Project Development Team (PDT) meetings if and when such meetings are held and in related communications on PROJECT WORK progress, to provide at least quarterly schedule updates to SBCTA, and to consult with SBCTA on critical issues relative to the PROJECT WORK.

11. To include in all contracts between TOWN and contractors for the PROJECT WORK the requirement that SBCTA be named as an additional insured under general liability insurance policies maintained by the contractor for the PROJECT.

24-1003077

SECTION III
IT IS MUTUALLY AGREED:

1. To abide by all applicable Federal, State and Local laws and regulations pertaining to the PROJECT WORK, including policies in the applicable program in the Measure I 2010- 2040 Strategic Plan, as amended, as of the Effective Date of this AGREEMENT.

2. The final PROJECT WORK cost may ultimately exceed current estimates of PROJECT WORK cost. Any additional eligible costs resulting from unforeseen conditions over the estimated total of the PROJECT WORK cost shall be borne by TOWN unless prior authorization has been approved by the SBCTA Board of Directors pursuant to Section III, Paragraph 3 of this AGREEMENT.

3. In the event TOWN determines PROJECT WORK costs may exceed the not-to-exceed amount identified in Section I, Paragraph 1, TOWN shall inform SBCTA of this determination and thereafter the Parties shall work together in an attempt to agree upon an amendment to the PROJECT WORK amounts identified in this AGREEMENT. In no event, however, shall SBCTA be responsible for PROJECT WORK costs in excess of the amounts identified herein absent a written amendment to this AGREEMENT that is approved and signed by both Parties.

4. Eligible PROJECT WORK reimbursements shall include only those costs incurred by TOWN for PROJECT WORK-specific work activities that are described in this AGREEMENT and shall not include escalation or interest.

5. Neither SBCTA nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by TOWN under or in connection with any work, authority or jurisdiction delegated to TOWN under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, TOWN shall fully defend, indemnify and save harmless SBCTA, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by TOWN under or in connection with any work, authority or jurisdiction delegated to TOWN under this AGREEMENT. TOWN’s indemnification obligation applies to SBCTA’s “active” as well as “passive” negligence but does not apply to SBCTA’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

6. Neither TOWN nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless TOWN, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under

24-1003077

this AGREEMENT. SBCTA’s indemnification obligation applies to TOWN’s “active” as well as “passive” negligence but does not apply to TOWN’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

7. In the event TOWN and/or SBCTA is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this AGREEMENT, TOWN and/or SBCTA shall indemnify the other to the extent of its comparative fault.

8. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by SBCTA or June 30, 2025, whichever is sooner, provided that the provisions of Paragraphs 5, 6, 7, 8, and 9 of Section II, and Paragraphs 5, 6 and 7 of Section III, shall survive the termination of this AGREEMENT. The AGREEMENT may also be terminated by SBCTA, in its sole discretion, in the event the PROJECT WORK described in Attachment A has not been initiated by TOWN within twelve (12) months of the Effective Date of this AGREEMENT.

9. SBCTA may terminate this Agreement if TOWN fails to perform according to the terms of this AGREEMENT and if this failure jeopardizes the delivery of the PROJECT WORK according to the terms herein.

10. The Recitals to this AGREEMENT are true and correct and are incorporated into this AGREEMENT.

11. Attachment A (Description of Project and Milestones) and Attachment B (Summary of Estimated Costs) are attached to and incorporated into this AGREEMENT.

12. The AGREEMENT may be signed in counterparts, each of which shall constitute an original.

13. This AGREEMENT is effective and shall be dated on the date executed by SBCTA (“Effective Date”).
----------------------------SIGNATURES ARE ON THE FOLLOWING PAGE----------------------------

24-1003077

IN WITNESS WHEREOF, the Parties have executed this AGREEMENT by their authorized signatories below.

SAN BERNARDINO COUNTY TOWN OF APPLE VALLEY

TRANSPORTATION AUTHORITY
By: ______________________________ By: _______________________________ Dawn M. Rowe, President Doug Robertson
Board of Directors Town Manager
Date: _____________________________ Date: ______________________________ APPROVED AS TO FORM: APPROVED AS TO FORM:

By: __________________________________ By: _________________________________ Julianna K. Tillquist Thomas A. Rice
SBCTA General Counsel Town Attorney
Date: _________________________________ Date: _______________________________

24-1003077

ATTACHMENT A

YUCCA LOMA ROAD WIDENING PROJECT
Description of Project and Milestones

Project Title
Yucca Loma Road Widening Project
Location, Project Limits, Description, Scope of Work, Legislative Description The project will widen from 2 lanes to 4 lanes Yucca Loma Road from Apple Valley Rd to roughly 1,200' east.

Project Milestone Proposed
Project Study Report Approved N/A
Begin Environmental (PA&ED) Phase 6/1/2016
Circulate Draft Environmental Document 2/1/2024
Draft Project Report N/A
End Environmental Phase (PA&ED Milestone) 4/1/2024
Begin Design (PS&E) Phase 1/1/2016
End Design Phase (Ready to List for Advertisement Milestone) 4/1/2024 Begin Right of Way Phase 9/1/2018
End Right of Way Phase (Right of Way Certification Milestone) 6/1/2019 Begin Construction Phase (Contract Award Milestone) 6/1/2024 End Construction Phase (Construction Contract Acceptance Milestone) 11/1/2024 Begin Closeout Phase 11/1/2024
End Closeout Phase (Closeout Report) 12/31/2024

24-1003077

ATTACHMENT B

YUCCA LOMA ROAD WIDENING PROJECT
Summary of Estimated Costs
Phase Total Cost SBCTA Funds (1) TOWN Funds
Project Approval and
Environmental
Documentation $0 $0 $0
Plans, Specifications, and
Estimate $250,000 $0 $250,000
Right-of-way $0 $0 $0
Construction $3,000,000 $1,350,000 $1,650,000
TOTAL $3,250,000 $1,350,000 $1,900,000
Additional Notes:

1. SBCTA's Share can be from sources under control of SBCTA including but not limited to Measure I Major Local Highways Program (MLHP), State Transportation Improvement Program (STIP), Surface Transportation Program (STP), or other funds without necessitating an amendment of this agreement.

Town Council Agenda Report
Date: April 23, 2024
To: Honorable Mayor and Town Council
Subject: PURCHASE OF SECURITY CAMERAS AND IMPLEMENTATION

SERVICES

From: Douglas Robertson, Town Manager
Submitted by: Brandon Cales, Innovation and Technology Officer Innovation and Technology
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That Council authorize the purchase of additional security cameras and implementation services for the Town’s existing Verkada solution from Matrix Audio Visual Designs, Inc. in the amount not to exceed $165,000.00, and authorize the Town Manager or designee to execute appropriate agreements and documentation; pending Town Council approval of the Fiscal Year 2023-24 Mid-Year Budget Amendment.

BACKGROUND
This purchase will provide security camera additions at the Singh Center for the Arts.

The security camera system for Town facilities was first implemented in fiscal year 2021- 2022, to replace equipment that did not meet requirements and was failing to a point of inoperability. The Department of Innovation and Technology has standardized on camera systems from Verkada, which provides a unified platform at all Town facilities. In subsequent fiscal years, additional cameras will continue to be added to adequately provide necessary coverage for the protection of Town facilities and assets. The Verkada solution provides the latest security camera technology that is smart, secure and easy to manage.

The purchase is exempt from the Town’s standard bidding procedures pursuant to Apple Valley Municipal Code section 3.12.270, subdivisions (2) and (10) because the equipment, which must be compatible with the existing system, can only reasonably be obtained from a single vendor and because the contract involves piggybacking on another competitively awarded contract.

FISCAL IMPACT
This purchase will be funded by the Singh Center for the Arts Fund pending approval from Council for the Fiscal Year 2023-24 Mid-Year Budget Amendment and the Department of Innovation and Technology. This purchase follows competitive pricing through the California Multiple Award Schedule s (CMAS) cooperative agreement 3-20-11-0100A.

Funding consists of $160,000 from the Singh Center for the Arts Fund and $5,000 from the IT General Fund budget.

ATTACHMENTS
A. Security Camera Proposal

ToAV - Theater Surveillance System
PROJECT INFORMATION:

Revision:
4/6/2024
0 Modified: Technology . Service . Solutions®
PREPARED FOR:

Town of Apple Valley
Project Name: Brandon Cales
Accounts Payable
14975 Dale Evans Pkwy
Apple Valley CA 93207
Project Site Address:
22311 Bear Valley Rd bldg a,
Apple Valley, CA 92308
Project Number: P001408
Date: 04/06/2024
Expires: 06/29/2024
CMAS: 3-20-11-0100A Page 61 of 92
Requested Scope of Work:

Cover the entire perimeter of the building and provide monitoring services.

Furnish and install 6 cameras for high-priority areas as follows:

Install 4 multi-sensor outdoor cameras for the North West, West, South, and East sides of the building.

Install 2 outdoor cameras for the North East corner.

Install 2 outdoor cameras for the insets.

Install 2 indoor cameras for the main entrance.

Install 1 indoor camera for the equipment.

Provide and install all necessary accessories for camera mounting.

Run cables from each camera to the server room.

Wire all cameras to the local IDF on the 2nd floor above the North lobby.

Provide a 5-year Verkada license.

Include a 1-year Verkada license for monitoring and alarm services.

IDF:

Furnish and install 2 post rack 45 RU.

Furnish and install cable management.

Furnish and install 48 port POE managed switch.

Install 48 port patch panel.

Patch cord.

MDF:

Furnish and install 2 post rack 45 RU.

Furnish and install cable management.

Furnish and install 48 port POE managed switch.

Install 48 port patch panel.

Patch cord.

Fiber connection:

Install 12 stand multi-mode connection from MDF to IDF.

Note:
- After Hours and Shift Work: Please note that this proposal is based on work performed during regular hours (straight time) and does not include after-hours, shift work, or weekend work. If such services are required, they will be subject to additional charges, which will be specified and agreed upon in a separate agreement or contract. - Prevailing Wage: Please note that this proposal does not include prevailing wage rates. If such rates are required, they will be determined by the applicable laws and regulations, and any additional costs associated with them will be specified and agreed upon in a separate agreement or contract.
- Cabling: The proposal includes comprehensive cabling services, including cable selection, installation, termination, and testing to ensure optimal system performance.
- Note: Electrical and conduit is not included in this proposal. - IT will provide the necessary network related equipment for a turn key solution. - Concrete coring by others.

Overview
Camera 1: Imager 1

Camera 1: Imager 2
Camera 1: Imager 3

Camera 1: Imager 4
Camera 2: Imager 1

Camera 2: Imager 2
Camera 2: Imager 3

Camera 2: Imager 4
Camera 4: Imager 1

Camera 4: Imager 2
Camera 4: Imager 3

Camera 4: Imager 4
Camera 5: Imager 1

Camera 5: Imager 2
Camera 5: Imager 3

Camera 5: Imager 4
Camera 5

Camera 6
Network Closet 1 (Devices 1–3 of 3)

Network Closet 2 (Devices 1–3 of 3)
This presentation is an output of the IPVM Designer / Calculator but is the work product of the individual who created it. IPVM does not guarantee nor warranty the work therein nor its implementation. Issues that may impact actual performance include but are not limited to lighting conditions, lens quality, and compression level.

Main Total $1,440.00 *
Main: Perimeter Total $76,501.38 *
Main
Equipment rental: Rental of lifts to assist with installation for 1 $1,440.00 week
1 $1,440.00
Main: Perimeter
3400 Category 6 F/UTP EN series 23 AWG 4 pair shielded cable - Blue $0.68 $2,312.00 4 $57.96 $231.84
4 $57.96 $231.84
4 $118.06 $472.24
2 $2,598.01 $5,196.02
4 $2,895.01 $11,580.04
4 $9,429.01 $37,716.04
6 $667.51 $4,005.06
1 $5,850.00 $5,850.00
4 $2,004.01 $8,016.04
$890.26
Angle Mount - Mounts fisheye and dome cameras 30 degrees from wall for improved field of view.

Pendant Cap Mount
Large Arm Mount
Indoor Dome Camera, 2TB, 365 Days Max
Outdoor Dome Camera, 2TB, 365 Days Max
Outdoor Dome Camera, multi sensor camera 20MP, 30M IR,

2.5X, IP66
5 Year Camera License
5-Year Standard Alarm License
5-Year CH52 Multisensor Camera License
1 5 Year Viewing Station License $890.26
Main: IDF
1 Cable ladder,10'X12,BLK,1 $137.41 $137.41

Main: IDF Total $3,718.59 *
Main: MDF Total $4,916.19 *
Main: Control Hallway Total $3,106.94 *
1 $232.40 $232.40
2 $46.50 $93.00
1 $267.40 $267.40
2 $960.60 $1,921.20
1 $77.00 $77.00
12 $4.92 $59.04
$931.14
WALL SUPPORT HDWR,6PR
2space Plastic cable mounting, 3''D
45Space Alum Relay Rack, 12-24 Black
45Space, 6''single cable duct with door
48 Port 2RU discrete panel
Category 6 KMJ unshielded modular jacks blue
UniFi Cloud Key Gen2 Plus integrated hardware controller and self-contained application server
1 $931.14
Main: MDF
1 $1,430.00 $1,430.00
1 $137.41 $137.41
2 $46.50 $93.00
1 $267.40 $267.40
2 $960.60 $1,921.20
1 $77.00 $77.00
12 $4.92 $59.04
$931.14
Misc. Items: 12 stand multi-mode from IDF to MDF.

Cable ladder,10'X12,BLK,1
2space Plastic cable mounting, 3''D
45Space Alum Relay Rack, 12-24 Black
45Space, 6''single cable duct with door
48 Port 2RU discrete panel
Category 6 KMJ unshielded modular jacks blue
UniFi Cloud Key Gen2 Plus integrated hardware controller and self-contained application server
1 $931.14
Main: Control Hallway
200 $0.68 $136.00
1 $2,303.43 $2,303.43
$667.51
Category 6 F/UTP EN series 23 AWG 4 pair shielded cable - Blue
Indoor Mini Dome Camera, 2TB, 365 Days Max
5 Year Camera License
1 $667.51
* Subtotals do not include Tax, Shipping and Misc. charges. Refer to project summary

Date
Town of Apple Valley
Date
Client: Contractor: Matrix Audio Visual Designs, Inc.

CSLB #: 765990
Town of Apple Valley
Name:

Armen Aghazaryan
Name:

Equipment: $89,683.10
Project Summary
Miscellaneous: $4,484.30
Sales Tax: $5,716.95
Shipping: $1,345.00
Labor: $61,130.00
Sales tax is calculated based on the current sales tax and it is subject to change Grand Total: $162,359.35
Payment Schedule Amount
Inital Deposit $73,611.71
Progress Payment - 50% progress $40,339.84
Progress Payment - 80% progress $40,339.84
Final Payment $8,067.96

Town Council Agenda Report
Date: April 23, 2024
To: Honorable Mayor and Town Council
Subject: 2024-2025 ANNUAL ACTION PLAN

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

RECOMMENDED ACTION
It is recommended that the Town of Apple Valley (“Town”) Council:

A. Conduct a public hearing and receive comments on the draft 2024-2025 Annual Action Plan (AAP) for the use of Community Development Block Grant (CDBG) funds, and HOME Investment Partnerships (HOME) funds.

B. Approve the Community Development Citizen Advisory Committee (CDCAC) funding recommendations for the 2024-2025 Third-Year AAP, an annual component of the Five-Year 2022-2026 Consolidated Plan (“Consolidated Plan”).

C. Approve the CDCAC’s and staff’s methodology on distributing funds should the Town’s 2024-2025 CDBG and HOME annual allocation increase or decrease.

D. Authorize the Town Manager to execute all necessary HUD documents on behalf of the Town.

BACKGROUND
The U.S. Department of Housing and Urban Development (HUD) mandates that all entitlement communities receiving CDBG and HOME funds prepare and submit a Consolidated Plan every five years to establish a unified, strategic, vision for housing and community development actions. The Consolidated Plan encompasses the analysis of local community needs and coordinates appropriate responses to those needs and

priorities. To ensure compliance with the Consolidated Plan, the Town is required to submit an AAP each year. The AAP will appropriate CDBG and HOME Consortium funds for the upcoming 2024- 2025 program year (PY).

In preparation of the AAP, applications were published in the Valley Wide News on December 1, 2023, and December 8, 2023, in English and Spanish. In addition, hard copies were made available at the Town’s Development Services Building and electronically on the Town’s website. Applications were due January 25, 2024, at 4:30 p.m.

A technical assistance workshop for interested participants was held on December 13, 2023. The purpose of the workshop was to allow Town staff to explain the application process and answer any questions. On March 7, 2024, the Community Development Citizen Advisory Committee (CDCAC) held a public hearing to receive public testimony on the submitted Public Service applications and provide funding recommendations for inclusion in the draft 2024-2025 Action Plan.

ANALYSIS
Based upon the information received from the applications and in consideration of the Town’s five-year goals, the proposed 2024-2025 Action Plan funding recommendations are attached hereto as Exhibit “A” for Town Council’s consideration. The recommended funding allocations are in accordance with the goals of the Action Plan. The Town Council retains complete discretion to modify or disregard the funding recommendations as presented and may propose alternative funding allocations.

Community Development Block Grant (CDBG)
CDBG funds are to be used for projects that promote the development of viable, urban communities by providing decent housing, suitable living environments and expanded economic opportunities, principally for persons of low-to-moderate-income status. All CDBG-funded projects must meet one of the following national objectives: 1) Principally benefit low-to- moderate-income persons; 2) Eliminate slums and blight; or 3) Meet an urgent need. The types of projects and programs which may be considered for funding, subject to National Objectives compliance, include acquisition, disposition, public facilities and improvements, residential rehabilitation, clearance activities, public services, interim assistance, removal of architectural barriers and special economic development activities.

At the time of this meeting, HUD has not yet released the Town’s annual allocation for the 2024-2025 PY. For this reason, HUD has instructed the Town to prepare the draft 2024- 2025 AAP utilizing the Town’s current annual allocation. For the program year beginning July 1, 2024, the Town anticipates receiving a total of $652,733 in CDBG funds. HUD regulations allow a maximum of 20 percent ($130,546) of grant funds for eligible

Administration/Planning activities. HUD regulations also allow for a maximum of 15 percent of the annual allocation ($97,909) to be allocated for Public Service activities. The balance of the funds, ($424,278) are recommended to be allocated to capital improvements within the Town. The Town is expected to spend no less than 70 percent of its funds to benefit low- and moderate- income individuals and areas. The remaining 30 percent of funds may be reserved to address any slum/blight, or urgent need national objective activity(ies).

HOME Investment Partnership Program (HOME)
The Town participates in a consortium with the City of Victorville (“City”) to qualify for HOME entitlement status with HUD. The successful formation of the consortium has resulted in an annual allocation of HOME funds to both communities. The consortium identifies the Town as the lead agency and the City as a Participating Jurisdiction.

HOME funds may be used to develop and support affordable rental housing and homeownership affordability through acquisition (including assistance to homebuyers), new construction, reconstruction or rehabilitation of non-luxury housing with suitable amenities, including real property acquisition, site improvements, conversion, demolition and other expenses, including financing costs, relocation expenses of any displaced persons, families, businesses, or organizations; to provide tenant-based rental assistance, including security deposits; to provide payment of reasonable administrative and planning costs; and, to provide for the payment of operating expenses of Community Housing Development Organizations (CHDOs).

At the time of this meeting, HUD has not yet released the Consortium’s annual allocation for the 2024-2025 PY. For this reason, HUD has instructed the Town to prepare the draft 2024-2025 AAP utilizing the Consortium’s current annual allocation. The Consortium anticipates receiving $911,188 in HOME funds during the 2024-2025 PY. Of this amount, the Town is projected to receive approximately $289,829 and the City approximately $621,359. The projected percentage shares (Apple Valley: 33.51%; Victorville: 66.49%) are determined by HUD’s formula allocation and annually reviewed. At this time, the funds match waiver percentage share for 2024-2025 PY has not been published; however, it is anticipated that the funds match waiver percentage requirement will be waived. As the lead agency, the Town is allocated 50% of the Victorville’s portion of program administration. During the 2024-2025 PY, the Town has elected to allocate its CHDO reserve funds to the City’s Northgate Village Apartments Project.

Methodology
If the Town’s 2024-2025 CDBG and HOME annual allocations should change, a request of the Town Council is being made to provide staff and the public with a methodology for which activity budgets will be adjusted. It is recommended that Town Council adopt

the following language for adjusting activity budgets for the CDBG and HOME program should the Town’s 2024-2025 annual allocation change:

CDBG
 Should the CDBG allocation be higher than $652,733:
o The CDBG Administration budget will be increased to meet the 20% administration cap allowed under the CDBG
program.
o The Public Service budget will be increased to maximize the 15% public service cap allowed under the CDBG program.

Furthermore, the increase shall be proportionally distributed to the following public service activities: Community Health Action Network – Emergency Assistance Program; Feed My
Sheep – Feeding Apple Valley; and Ruth and Naomi Project – Sustenance to Services for Seniors.
o The balance of additional funds will be allocated to the Residential Rehabilitation Program.
o Funding levels for all outstanding activities will remain the same as proposed in the 2024-2025 AAP.
 Should the CDBG allocation be lower than $652,733:
o The CDBG Administration budget will be reduced to be
compliant with the 20% administration cap allowed under the CDBG program.
o The Public Service budget will be reduced to be compliant with the 15% public service cap allowed under the CDBG
program. Furthermore, the reduction shall be proportionally deducted from the following public service activities:

Community Health Action Network – Emergency Assistance
Program; and Feed My Sheep – Feeding Apple Valley.
o The balance of funds will be deducted from the Residential Rehabilitation Program.
o Funding levels for all outstanding activities will remain the same as proposed in the 2024-2025 AAP.

HOME
 Should the HOME allocation be higher than $911,188:
o The HOME Administration budget will be increased to meet the 10% administration cap allowed under the HOME
program (amounts distributed based on HOME Consortia
Percentages and Memorandum of Understanding between
the Town and City).
o The CHDO Set-Aside budget will be increased to meet the 15% minimum CHDO Set-Aside Requirement under the
HOME program and allocated to the City’s National
Renaissance Northgate Village Apartments Project.
o The balance of additional funds will be allocated to the Town’s Residential Rehabilitation Program and the City’s Senior Home Rehabilitation Program (amounts distributed based on HOME Consortia Percentages and Memorandum
of Understanding between the Town and City).
o Funding levels for all outstanding activities will remain the same as proposed in the 2024-2025 AAP.
 Should HOME allocation be lower than $911,188:
o The HOME Administration budget will be reduced to be
compliant with the 10% administration cap allowed under the HOME program (amounts distributed based on HOME
Consortia Percentages and Memorandum of Understanding
between the Town and City).
o The CHDO Set-Aside budget will be reduced to the 15%
minimum CHDO Set-Aside Requirement under the HOME
program and deducted from the City’s National Renaissance Northgate Village Apartments Project.
o The balance of funds will be deducted from the Town’s Residential Rehabilitation Program and the City’s Senior Home Rehabilitation Program (amounts distributed based on HOME Consortia Percentages and Memorandum of
Understanding between the Town and City).
o Funding levels for all outstanding activities will remain the same as proposed in the 2024-2025 AAP.

A full copy of the draft 2024-2025 Action Plan may be available on the Town’s website at www.applevalley.org.

FISCAL IMPACT
There is no impact on the Town’s General Fund. The Town’s and Consortium’s 2024- 2025 CDBG and HOME entitlement are projected to be $652,733 and $911,188. Town Council’s approval of the recommended action adopts the 2024-2025 AAP allocating those anticipated resources to the programs and activities outlined therein which will be incorporated into the Housing and Community Development Department’s 2024-2025 CDBG and HOME budgets as required to meet the mandates of the plan. CDBG and HOME funds may only be utilized for certain eligible expenses and the 2024-2025 AAP satisfies those requirements.

ATTACHMENTS
A. Exhibit “A”: List of FY 2024-2025 CDBG and HOME funded projects

Town of Apple Valley
2024-2025 CDBG Allocations and CDCAC/Staff
Recommendations
Name of Organization/
Department
Project Title Amount
TOAV – Parks and Recreation Senior Activities Program $40,000 Feed My Sheep in the High Desert Feeding Apple Valley $15,909 Community Health Action Network Emergency Assistance Program $11,500 Christ the Solid Rock Lighthouse Food Pantry $10,000
Inland Fair Housing and Mediation Board Fair Housing Services $10,500 Ruth and Naomi Project Inc. Sustenance to Services for Seniors $10,000 TOAV – HCD ADA Village North Sidewalk Improvement Project $200,000 TOAV – HCD Residential Rehabilitation Program $224,278
TOAV – HCD CDBG Administration $130,546
Total $652,733

Consortium
2024-2025 HOME Allocations and Staff
Recommendations
Name of Organization/
Department
Project Title Amount
TOAV – HCD Residential Rehabilitation Program $229,003
TOAV – HCD HOME Administration $60,826
Victorville HOME Administration $30,292
Victorville CHDO National Renaissance Northgate Village Apartments Project
$136,679
Victorville Senior Home Rehabilitation Program $223,541 Victorville Hughes Training and Development Project $230,847 Total $911,188

Town Council Agenda Report
Date: April 23, 2024
To: Honorable Mayor and Town Council
Subject: FISCAL YEAR 2023-24 MID-YEAR BUDGET REVIEW

From: Douglas Robertson, Town Manager
Submitted by: Emad Gewaily, Director of Finance
Finance
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. That the Town Council receive and file the Fiscal Year 2023-24 Mid-Year Budget Review Report.

B. Approve Budget Amendment incorporating revenue and expenditure changes and carry forwards as proposed herein.

SUMMARY:

Town Council adopted the Fiscal Year 2023-24 Budget, effective July 1, 2023, with resolution number 2023-24 on June 27, 2023. The mid-year budget review is an opportunity for staff to use actual operating results of that budget through the first three quarters of the fiscal year, as of March 31, 2024, to recommend adjustments of the budgeted forecasts to accommodate changes in revenue and expenditure estimates.

The primary purpose of this report is to provide a summarized update on the status of the Town’s budget, highlighting the changes, issues and opportunities that may need to be addressed beyond the halfway point of the fiscal year. These budget adjustments is the starting point that will determine the base-line for next year’s budget. The report addresses major changes in the General Fund and certain Enterprise Funds revenue and appropriation budget, smaller changes was not considered for this budget adjustment but will be considered during the annual budget process.

BACKGROUND:

The Town Council adopted the Fiscal Year (FY) 2023-24 Operating and Capital Improvement budget on June 27, 2023. The Adopted Operating and Capital Improvement budget is the Town’s one- year spending plan for FY 2023-24. It serves as a planning guide for the ensuing fiscal year and demonstrates progress towards implementation of the Town Council’s long-term goals as outlined in the Vision 2020 plan. The adopted budget also demonstrates how established short-term goals and objectives will be implemented over the next year. It demonstrates how available resources are matched against the Town’s service priorities to provide essential services to the community. It underscores the Town’s continued commitment to provide more efficient services to residents and maintain adequate resources for unforeseen emergencies.

After adoption, financial events occur throughout the year that impact upon the budget and the implementation of spending priorities outlined therein. These events necessitate adjusting the budget projections from time to time during the fiscal year to keep the spending plan up-to-date based on current financial conditions.

In total, adjustments to the estimated revenue projections in the FY 2023-24 General Fund adopted budget amount to an increase of $900,000 and total expenditures and transfers-out are proposed to increase by $851,390 of which $267,190 is roll over budget from prior fiscal year. On an “all funds” basis, total revenues and transfers-in are proposed to increase by $1,317,500 and total expenditures and transfers-out are proposed to increase by $1,548,890. These mid-year adjustments to the FY 2023-24 General Fund adopted budget are summarized in attachment A attached hereto.

The focus of the mid-year budget review presentation is primarily the Town’s General Fund revenues and expenditure. Most of the Town’s operating expenditure is accounted for within this fund. Other special revenue fund budgets, such as the Community Development Block Grant (CDBG) or Home Funds, do not usually require adjustments at mid- year due to the specific nature of the resource allocations and program requirements. When revenues for these special revenue funds are not fully expended during the year, balances are carried forward for re-appropriation in the subsequent years’ budget process.

For FY 2023-24, the total adopted General Fund revenue budget was $35.8 million and expenditure and transfers-out budget was $41.1 million. The preliminary results of FY 2022-23 show a $22.1 million beginning fund balance in the General Fund, which includes non-spendable, restricted, assigned, and unassigned balances. The determination of these balances will depend on the final figures in the Town’s General Fund financial statements for the year ended June 30, 2023. The Table below shows

the impact of the FY 2023-24 adjustments proposed on the fund balance of the General Fund.

Based on staff’s analysis of the current year’s operating revenues and expenditures and based upon information and input provided by all departments, staff recommends the following adjustments to the FY 2023-24 budget highlighted below.

Revenues:

Interest Earnings: In the current fiscal year’s budget, interest earnings were not included in the budget. As of the mid-year adjustment, the Town collected $488,570 of interest earnings. Staff are projecting a total General Fund interest share of $600,000 by the end of FY 2023-24.

County Animal Shelter: The original sheltering contract was at a lower rate and the Town’s animal Services Department renegotiated a higher annual sheltering contract rate with the County after the budget was adopted. The adopted budget was $579,000, while receipts, so far, $864,800.

Expenditures:

The expenditure adjustments are in the Animal Services Department in the amount of $166,700 for various reasons as indicated in Exhibit A, and a transfer-out of $257,500 to the Singh Center Fund to cover its initial operating expenses.

FY 2023-24
Adopted
Budget
Proposed MidYear
Adjustments
FY 2023-24
Adjusted
Budget
Preliminary Beginning Fund Balance, July 1 $ 22,094,177 $ - $ 22,094,177 Budget Carryforward from Prior Year - 267,190 267,190
Adjusted Beginning Fund Balance 22,094,177 267,190 22,361,367 Revenues 35,798,600 900,000 36,698,600
Expenditures & Other Uses
Operating 40,600,585 166,700 40,767,285
Transfers-out 470,000 417,500 887,500
Total Expenditures & Other Uses 41,070,585 584,200 41,654,785 Excess/(Deficit) Revenue Over/(Under)
Expenditures (5,271,985) 48,610 (5,223,375)
Estimated Ending Fund Balance, June 30 $ 16,822,192 $ 16,870,802 FY 2023-24
Sources & Uses of Funds
General Fund

SUMMARY
The FY 2023-24 budget was adopted with a $5.3 million decrease in the fund balance in the General Fund. As of March 31, 2024, net revenue adjustments increased total available resources in the General Fund by $900,000, and net appropriation increases in the General Fund amounted to $851,390. Proposed revenue and expenditure adjustments are outlined in Attachment A.

ALTERNATIVES CONSIDERED
No alternatives were considered.

FISCAL REVIEW
Attachment A summarizes the adopted adjustments in revenue estimates and appropriations (expenditures) to the current year’s adopted operating and capital improvement budget reviewed herein. The attached budget adjustment summarizes the adopted increases in revenue estimates and appropriation adjustments.

CONCLUSION
The attached budget adjustment and carry forwards proposed to Council for consideration at its April 23, 2024, Council Meeting summarize proposed changes in the adopted FY 2023-24 Operating Budget. Staff is committed to ensuring that the Town continues its conservative fiscal practices; adopts sound, responsible, financial plans; and maintains its high- level of service delivery to the community in the most cost-effective and efficient manner possible.

ATTACHMENTS:

A. Mid-Year Budget Adjustment Detail

Attachment A
Account
Number
2023-24
Adopted
Budget
2023-24
Actuals as of
March 2024
2023-24
Available
Budget
2023-24
Proposed
Adjustment
2023-24
Revised
Budget Justification
Revenue
General Fund
Interest Earnings 10010000 410100 - 488,570 (488,570) 600,000 600,000 Projected interest earnings for the FY Animal Services
County Shelter 10012119 508015 579,000 864,795 (285,795) 300,000 879,000 Approx. $82K collected from the County monthly.

General Fund Revenue Total
Proposed Changes
579,000 1,353,365 (774,365) 900,000 1,479,000
Other Funds
Singh Center
Transfer In 59100000 460000 - - - 417,500 417,500 Transfer from the General Fund to cover expenses.

Total Singh Center - - - 417,500 417,500
Other Funds Revenue Total
Proposed Changes
- - - 417,500 417,500
Total Revenue All Funds $ 579,000 $ 1,353,365 $ (774,365) $ 1,317,500 $ 1,896,500 FY 2023-24 Mid-Year Budget Adjustments Detail
Revenue - All Funds

Account
Number
2023-24
Adopted
Budget
2023-24
Actuals as
of March
2024
2023-24
Available
Budget
2023-24
Proposed
Adjustment
2022-23
Rollover
Balances
2023-24
Revised
Budget Justification
Expenditures
General Fund
Town Attorney
Legal Svcs 10011201 720060 $ 320,000 $ 374,631 $ (54,631) $ - $ 267,190 $ 587,190 Carryforward from prior year's unused budget.

Town Attorney Total 320,000 374,631 (54,631) - 267,190 587,190 Animal Services
Uniforms 10012119 700160 2,750 3,212 (462) 1,000 - 3,750 Additional staff hired.

Safety and Security 10012119 710180 600 3,420 (2,820) 3,000 - 3,600 Necessary contract adjustment for staff safety.

Department Supplies 10012119 710190 13,600 15,080 (1,480) 4,700 - 18,300 Additional cleaning supplies due to increase in animal population.

Building Maint. 10012119 710215 14,500 66,606 (52,106) 60,000 - 74,500 Repairs required for the gates, HVAC, and freezer.

Vet Services 10012119 710600 4,875 8,157 (3,282) 7,000 - 11,875 Rising cost of veterinary care (10% - 50%).

Spay/Neuter Program 10012119 710601 84,000 90,644 (6,644) 40,000 - 124,000 Escalating cost of veterinary care.

Drugs and Vaccines 10012119 710603 47,500 66,186 (18,686) 51,000 - 98,500 Rise in the vaccine cost and increased animal entering the shelter.

Animal Services Total 167,825 253,305 (85,480) 166,700 - 334,525 Transfers Out
Transfer Out to Golf 10010001 760000 470,000 470,000 - - - 470,000 Transfer Out to Singh Center 10010001 760000 - - - 417,500 - 417,500 Transfer to cover Singh center proposed budget adjustments below.

Transfers Out Total 470,000 470,000 - 417,500 - 887,500 General Fund Expenditure Total
Proposed Changes
$ 957,825 $ 1,097,936 $ (140,111) $ 584,200 $ 267,190 $ 1,809,215 Other Funds
Golf Course
Electricity 57106035 710300 $ 105,000 $ 140,871 $ (35,871) $ 55,000 $ - $ 160,000 Unexpected adjustments to the electricity bill.

Water 57106035 710320 8,500 228,088 (219,588) 225,000 - 233,500 Well pump went down and have to purchase water.

Total Golf Course 113,500 368,959 (255,459) 280,000 - 393,500 FY 2023-24 Mid-Year Budget Adjustments Detail
Expenditure - All Funds

Account
Number
2023-24
Adopted
Budget
2023-24
Actuals as
of March
2024
2023-24
Available
Budget
2023-24
Proposed
Adjustment
2022-23
Rollover
Balances
2023-24
Revised
Budget Justification
Singh Center
Safety and Security 59100000 710180 - 152,213 (152,213) 355,000 - 355,000 Veteran Security Inc services and cameras Building Maint. 59100000 710215 - 14,752 (14,752) 20,000 - 20,000 Various repairs to the theatre building.

Natural Gas 59100000 710310 - 11,755 (11,755) 15,000 - 15,000 Monthly gas utility bills.

Water 59100000 710320 - 2,163 (2,163) 3,000 - 3,000 Anticipated monthly water bills.

Contract Services 59100000 720010 - - - 4,500 - 4,500 HVAC servicing.

Capital Projects 59100000 750100 - - - 20,000 - 20,000 A brick wall being removed to connect two theaters, creating a backstage area.

Total Singh Center - 180,883 (180,883) 417,500 - 417,500 Other Funds Expenditure Total
Proposed Changes
113,500 549,842 (436,342) 697,500 - 811,000
Total Expenditure All Funds $ 1,071,325 $ 1,647,778 $ (576,453) $ 1,281,700 $ 267,190 $ 2,620,215