APPLE VALLEY TOWN COUNCIL
AGENDA
Tuesday, June 11, 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 SUPPORTS PUBLIC COMMENTS FOR INDIVIDUALS NOT PHYSICALLY PRESENT AND WISHING TO MAKE PUBLIC COMMENTS.
PLEASE EMAIL YOUR COMMENT TO [email protected]. COMMENTS SHOULD BE SUBMITTED BY 12:00 P.M. ON THE MEETING DATE TO BE INCLUDED IN THE RECORD.
The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.
This is an agenda for the scheduled meeting of the Town of Apple Valley.
This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.
Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.
In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.
Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.
No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of the Town Council/Redevelopment Agency or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.
When called, approach the podium and if desired, please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.
Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.
The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.
Pages
1. Call to Order
2. Opening Ceremonies
2.1 Invocation
Pastor Lisa Griniage - Church for Whosoever Apple Valley
2.2 Pledge of Allegiance
2.3 Presentations
3. Public Comments
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.
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 - June 25, 2024 - Council Chamber Regular Session at 6:30p.m.
6. Town Council Consent Agenda 6
Recommended Motion:
To approve the Consent Calendar items numbered 6.1-6.15 as recommended.
6.1 APPROVAL OF MINUTES 8
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 MAY 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
15 That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 MAY 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE 36
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.
6.4 BIENNIAL REVIEW OF THE TOWN OF APPLE VALLEY’S CONFLICT
OF INTEREST CODE TO COMPLY WITH THE POLITICAL REFORM
ACT
38 Direct the Town Manager or designee to review its code and submit a notice to the Town Council by October 1, 2024, that either amendments are required or that no amendments are necessary.
6.5 THIRTY-FIFTH AMENDMENT TO LAW ENFORCEMENT CONTRACT
#94-798
39 Staff recommends that the Town Council approve the Thirty-Fifth Amendment to Law Enforcement Contract #94-798 for the period of July 1, 2024 through June 30, 2025 and authorize the Mayor or designee to process all documents required for the agreement.
6.6 MODIFIED BOND AMOUNT AND RELEASE FOR TRACT MAP 18917 44 It is recommended that the Town Council approve the release of the Maintenance Bonds for various improvements required for Tracts 18917- 1 and 18197-4 and 18197, and modify the Maintenance Bond for the recently constructed landscaping improvements on Tussing Ranch Road from $150,000 to $26,123.
6.7 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT 47
Award a contract to Diamond Construction for the Residential Rehabilitation Loan Program, applicant H24-04 subject to “Approval as to Form” by the Town Attorney, and “Approval as to Content” by the Town Manager.
6.8 ACCEPTANCE OF WORK FOR APPLE VALLEY ROAD BUS
TURNOUT - PROJECT NO. 2023-03
56 Accept the work completed as part of the Apple Valley Road Bus Turnout - Project No. 2023-03 for a total contract cost of $100,511.00.
A.
Direct the Town Clerk to file the Notice of Completion for the contract work.
B.
Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
C.
6.9 APPROVE AGREEMENT OF PURCHASE AND SALE OF APN 3087- 501-01 AND APN 3087-502-81
60 It is recommended that the Town Council approve the Agreement of Purchase and Sale and joint Escrow Instructions for Assessor Parcel Nos 3087-501-01 and 3087-502-81, subject to approval as to form by the Town Attorney and as to content by the Town Manager, and find the Agreement exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines sections 15325 (Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions) and 15061(b)(3) (Common Sense Exemption)
6.10 REJECT ALL BIDS FOR THE DOUBLE MODULAR DEMOLITION
PROJECT
90 A. Reject all bids for the Double Modular Demolition Project.
B. Direct staff to update bid documents.
C. Direct staff to solicit bids with the updated bid documents.
6.11 LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT #1 -
ENGINEER’S ANNUAL REPORT AND LEVY OF ASSESSMENT FOR
FY 2024-2025
92 Adopt Resolution No. 2024-06, a Resolution of the Town Council of the Town of Apple Valley Directing the Filing of the Annual Report for the Town of Apple Valley Landscaping and Lighting Assessment District.
A.
Receive and approve the engineer's report as filed, or as amended.
B.
Adopt Resolution No. 2024-07, a Resolution of the Town Council of the Town of Apple Valley Declaring its Intention to Order Improvements and to Levy and Collect Assessments for Fiscal Year 2024-2025.
C.
Direct the Town Clerk to publish the Resolution of Intention at least 10 days prior to the date of the public hearing.
D.
6.12 ADOPT FISCAL YEAR 2024-2025 SB1 ROAD MAINTENANCE AND
REHABILITATION ACCOUNT (RMRA) PROJECT LIST
134
Adopt Resolution 2024-08 Identifying the project(s) to be funded by SB1 RMRA funding.
6.13 ADOPT 2024-2029 MEASURE I 5 YEAR PLAN 141
That the Town Council Approve FY 2024/2025 through
2028/2029 Measure I 5-year Plan.
A.
Adopt Resolution No 2024-09 A Resolution of the Town Council of the Town of Apple Valley, State of California, Adopting the Measure I Five Year Capital Improvement Program.
B.
6.14 AMENDING THE CLASSIFICATION AND SALARY PLAN FOR THE
TOWN OF APPLE VALLEY
147
Approve Resolution No. 2024-10, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan.
6.15 APPROVAL OF PROPOSED CONTRACT WITH THE COUNTY OF SAN
BERNARDINO FOR ANIMAL SHELTER SERVICES
170
That the Town Council approve the proposed contract with the County of San Bernardino for Animal Shelter Services.
7. Public Hearings
8. Business of the Council
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
Mayor Pro Tem 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 Bishop
Council Member Leon
AGENCY - BOARDS/COMMITTEES &
COMMISSIONS
CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY (CJPIA)
Mayor Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.
CAL CITIES/DESERT MOUNTAIN DIVISION (DMD)
Mayor Nassif- Voting Delegate
Council Member Bishop – Alternate
Meets as needed, rotating cities.
MOJAVE DESERT AIR QUALITY MANAGEMENT
DISTRICT (MDAQMD)
Council Member Leon-– Delegate
Council Member Emick – Alternate
Meets every 4th Monday of each month at 10:00 a.m.,
14306 Park Avenue, Victorville
MOJAVE DESERT AND MOUNTAIN RECYCLING
AUTHORITY
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 2nd Thursday at 10:00 a.m.
1170 West 3rd St.
San Bernardino
SOLID WASTE ADVISORY TASK FORCE (SWAT)
Council Member Cusack – Committee Member
Julie Ryan - Alternate
Meets as needed on Wednesdays at 1:30 p.m.
Sam J. Racadio Library & Environmental Learning
Center Community Room 7863 Central Ave. Highland
VICTOR VALLEY ECONOMIC DEVELOPMENT
AUTHORITY (VVEDA)
(George Air Force Base Reuse Task Force)
Council Member Emick – Commissioner
Mayor Pro Tem Bishop – Alternate
Meets every 2nd Wednesday of each quarter at 5:00
p.m., SCLA
VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Council Member Emick – Representative
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: June 11, 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 May 14, 2024
Apple Valley Town Council
MINUTES
May 14, 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
Members Absent: 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 Billy Simpson - Spirit Life Church
2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Emick.
2.3 Presentations
3. Public Comments
Maria Okpara, AV School Board Member, thanked the Town of Apple Valley, for embracing the culture that she brings to the Town and highlighting her history in the Our Town Newsletter. She spoke of the excellent school district in the community.
Gene Marcinkowski, expressed concern with the lights shining on his home from neighbors.
May 14, 2024 Council Meeting Minutes
2 Tangia Bryant, Certified Office Branch Manager, NID Housing Counseling Agency, stated that her organization has been designated by HUD as a high desert counseling agency. She spoke about the services they provide and introduced Lisa McElroy who also works with the agency.
Marcy Taylor, Apple Valley, commented on the Town of Apple Valley historical book and that some sites have been demolished. She said that demolished buildings are required to have plaques placed on the site which has not been done for all locations.
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 Emick commented on committee meetings and events that he attended.
Council Member Cusack commented on committee meetings and events that he 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
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - May 28, 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
May 14, 2024 Council Meeting Minutes
3 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.
Mike Podegracz, Town Engineer, provided a brief report on the status of Agenda Item 6.4, Award Yucca Loma Road Widening Project No. 2015-06.
Motion by: Council Member Emick
Seconded by: Council Member Cusack
To approve the Consent Calendar items numbered 6.1-6.6 as recommended.
Yes (4): Mayor Nassif, Mayor Pro Tem Bishop, Council Member Cusack, and Council Member Emick
Absent (1): Council Member Leon
Carried (4 to 0)
6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 APRIL 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 APRIL 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.
6.4 AWARD YUCCA LOMA ROAD WIDENING PROJECT NO. 2015-06
A. That the Town Council adopt the design of the project represented by the Plans and Specifications for the Yucca Loma Road Widening Project No. 2015-06;
B. That the Town Council award a contract to Onyx Paving Company, Inc. for the Yucca Loma Road Widening project in the amount of
May 14, 2024 Council Meeting Minutes
4 $1,468,000.00 and a 10% contingency of $146,800.00, for a total amount not to exceed $1,614,800.00.
C. Approve a Budget Amendment allocating $1,149,620.00 in Traffic Impact Fee funds to cover construction costs and additional staff time.
6.5 AWARD OF CONTRACT, CURED IN PLACE MANHOLE LINING
Award a contract to Sancon Technologies, Inc. for the Cured in Place Manhole Lining Project, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
6.6 ACCEPT GRANT AWARD FROM THE 2023 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
Accept grant award from the 2023 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $25,971 and authorize the Town Manager to execute award Agreements.
7. Public Hearings
8. Business of the Council
8.1 PROVIDE DIRECTION FOR THE HISTORICAL ADVISORY COMMITTEE Provide direction to staff.
Doug Robertson, Town Manager, presented the staff report as filed with the Town Clerk.
Council Member Cusack provided additional insight regarding the Historical Advisory Committee and the actions they have completed at the direction of the Town Council.
Mr. Robertson explained the challenges of converting areas in the Singh Center into a historical library or museum.
Pat Orr, Historical Advisory Committee Member, spoke in agreement of moving things into a digital direction.
Marcy Taylor, Historical Advisory Committee Member, commented on the need to have historical items available both digitally and in original format.
Discussion ensued regarding the needs and wants of the Historical Advisory Committee moving forward. Also discussed was the need to look for funding opportunities including grants that could assist with historical preservation.
May 14, 2024 Council Meeting Minutes
5 It was the consensus of the Town Council to allow the Historical Advisory Committee to display historical items at Town sponsored events.
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 Cusack
Seconded by: Council Member Emick
To adjourn the regular meeting to move into Closed Session at 7:42 p.m. to discuss the following:
11.1 CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION – Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One Case
Yes (4): Mayor Nassif, Mayor Pro Tem Bishop, Council Member Cusack, and Council Member Emick
Absent (1): Council Member Leon
Carried (4 to 0)
Upon returning from Closed Session at 8:05 p.m., Thomas Rice, Town Attorney reported the following action:
Motion by Mayor Pro Tem Bishop, seconded by Council Member Emick and unanimously carried to initiate litigation – a receivership case - against property owner Raymond Jardin, relating to the property located at 22764 Powhattan Road, Apple Valley, CA.
12. Adjournment
Motion by: Council Member Bishop
Seconded by: Mayor Pro Tem Cusack
May 14, 2024 Council Meeting Minutes
6 To adjourn the meeting of the Apple Valley Town Council at 8:06 p.m.
Carried
_______________________
Mayor, Scott Nassif
______________________________
Town Clerk, La Vonda M-Pearson
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: MAY 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
From: Douglas Robertson, Town Manager
Submitted by: Emad Gewaily, Director of Finance
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
BACKGROUND
Pursuant to the Town’s Municipal Code the attached demands were presented by the departments, audited by the Finance Department, and subsequent warrants/wire transfers were issued. All were found to be in conformity to Town policies and procedures, and funds were budgeted or available to pay said demands. The list of commercial warrants and wire transfers is now being presented to Council for approval.
SUMMARY
Commercial warrants were issued from May 1 through May 31, 2024 in the amount of $5,085,800.51 covering issued warrant #’s 166725 – 167213. Electronic Fund Transfers were issued from May 1 through May 31, 2024 in the amount $964,022.75. Also, wire transfers were made from May 1 through May 31, 2024 in the amount of $606,854.81.
The claims and/or demands covered by the attached list of warrants and electronic transfers were reviewed as to the accuracy and availability of funds for payment thereof and said claims and/or demands are accurate, and the funds were available for payment thereof.
FISCAL IMPACT
489 Commercial Warrants were issued in the amount of $5,085,800.51 42 Electronic Fund Transfers were issued in the amount of $964,022.75 1 Wire Transfer payment was issued in the amount of $606,854.81
ATTACHMENTS
A. May Commerical Warrants
B. May Electronic Fund Transfers
C. May Wire Transfer Schedule
Check # Date Vendor Description Check Total
166725 05/02/2024 ACUSHNET COMPANY Golf Course- Resale items 93.89 166726 05/02/2024 ADSCOT PEST CONTROL INC. Pest Control Town Hall #756 414.00 166727 05/02/2024 AMAZON CAPITAL SERVICES Amazon - HD4591 321.05 166728 05/02/2024 AMAZON CAPITAL SERVICES Amazon - office supplies 245.01 166729 05/02/2024 AMAZON CAPITAL SERVICES Amazon - office supplies 43.32 166730 05/02/2024 AMAZON CAPITAL SERVICES OFFICE SUPPLIES 569.85 166731 05/02/2024 AMERICAN FIDELITY ASSURANCE APRIL PREMIUMS 5,485.78 166732 05/02/2024 ANIMAL CARE HOSPITAL Spay/Neuter Voucher Program 145.00 166733 05/02/2024 BALL HAWK Golf Course- Resale items 987.90 166734 05/02/2024 BATTERY MART Fac- Truck #109 lumens lights 64.63 166735 05/02/2024 BEAR VALLEY ANIMAL HOSPITAL S/N and Medical Treatment 5,349.66 166736 05/02/2024 BENEFIT COORDINATORS CORPORATION APRIL PREMIUMS 6,373.80 166737 05/02/2024 BEST PRICE AUTO GLASS WINDSHIELD REPAIR- CORRECTED INV49212 572.07 166738 05/02/2024 BLACK CLOVER ENTERPRISES LLC Golf Course- Resale items 136.10 166739 05/02/2024 BRIGHTVIEW LANDSCAPE SERVICES Irrigation Repairs - Apple Valley Road Medians 1,625.07 166740 05/02/2024 CAL-STATE AUTO PARTS INC PM2/JUG 81.39 166741 05/02/2024 CALLAWAY GOLF SALES CO. Golf Course- Resale Items 510.36 166742 05/02/2024 CAT TRACKING, INC EDEN PO 2324-000007 2024-04 SERVICES 29,223.70 166743 05/02/2024 CED 20 LAMP 6S6WW-120V-LED-I 346.91
166744 05/02/2024 CHARTER COMMUNICATIONS Spectrum - Apr 6,365.20 166745 05/02/2024 CLUB CADDIE HOLDINGS Club Caddie - May 750.00 166746 05/02/2024 EDISON COMPANY 3/6/24-4/4/24 16,296.77 166747 05/02/2024 EQUIPMENTSHARE.COM INC Fac- Singh Center electric scissor lift rental 647.91 166748 05/02/2024 FIDELITY SECURITY LIFE INS / APRIL PREMIUMS 1,000.08 166749 05/02/2024 GRAINGER, INC. Singh Center stair anti slip tape 100.46 166750 05/02/2024 HAAKER EQUIPMENT CO 71 MAINTENANCE 1,268.68 Town of Apple Valley
Commercial Warrants
Month of May 2024
166751 05/02/2024 HD SUPPLY, INC BARNES SE51 EJECTOR PUMP 115V-2 3,043.56 166752 05/02/2024 HI DESERT TROPHY & AWARDS LLC PLAQUES FOR EMPLOYEE RETIREMENT 777.56 166753 05/02/2024 HIGH DESERT LASER GRAPHICS NAME BADGE 11.42 166754 05/02/2024 HITT PLUMBING CO., INC. Fac- DSB restroom plumbing service 620.00 166755 05/02/2024 HOME DEPOT CREDIT SEVICES Fac- Truck #111 supplies 46.41 166756 05/02/2024 INTERVET, INC. Microchips 1,346.88
166757 05/02/2024 KENTUCKY FRIED CHICKEN Council Meeting Dinner 326.65 166758 05/02/2024 KIMBALL MIDWEST PPE 1,373.36
166759 05/02/2024 KONICA MINOLTA PREMIER FINANCE Konica - C4080 Base - Apr 916.96 166760 05/02/2024 MARTIN, KENNETH Retiree Reimbursement 374.50 166761 05/02/2024 MILLER, LANCE Retiree Reimbursement 160.63 166762 05/02/2024 MWI ANIMAL HEALTH Shelter Meds 4,726.78 166763 05/02/2024 NAPA Grounds- Tow Hitch Parts 42.03
166764 05/02/2024 NEW YORK LIFE APRIL PREMIUMS REMITTER ID 988954670 475.97 166765 05/02/2024 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 166.61 166766 05/02/2024 Achong Irrevocable Trust 20777 Kachina Rd. 133.97 166767 05/02/2024 Erika Vermillion Rec- Refund Rental Deposit 540.00 166768 05/02/2024 Laura Medrano S/N Deposit Refund for Adoption 09-19-2023 51 40.00 166769 05/02/2024 Luz Lopez Rec-Refund Rental Deposit 314.00 166770 05/02/2024 PHILIP NUGENT GOLF- ACH PAYMENT ERROR-REFUND REJECTED
BY BANK
780.00
166771 05/02/2024 PRUDENTIAL OVERALL SUPPLY UNIFORMS 441.72 166772 05/02/2024 QUINN COMPANY LOCKNUTS AND SCREWS 75.74 166773 05/02/2024 SHERWIN WILLIAMS Grounds- Park paint 394.77 166774 05/02/2024 SITEONE LANDSCAPE SUPPLY LLC Parks- Brewster overseeding project 7,433.67 166775 05/02/2024 SRO PRODUCTIONS, INC SOT RECORDING SESSION & BAND PERFORMANCE 1,200.00 166776 05/02/2024 STATE OF CALIFORNIA- D.O.J. FINGERPRINTS 875.00 166777 05/02/2024 STERICYCLE REGULAR SERVICE/OFF-SITE 154.82 166778 05/02/2024 TAYLORMADE GOLF CO., INC Golf Course- Resale items 1,187.14 166779 05/02/2024 TEXAS LIFE INSURANCE CO. APRIL PREMIUMS 1,083.60 166780 05/02/2024 TURF STAR INC. Grounds- Mower Maintenance 654.24 166781 05/02/2024 WAXIE SANITARY SUPPLY Fac- AVAS sanitary supplies 834.93
166782 05/02/2024 WRIGHT, DARRYL Retiree Reimbursement 786.84 166783 05/03/2024 SORIANO, LENOR M Rec- Check request concerts in the courtyard 400.00 166784 05/09/2024 ABF PRINTS, INC. Postage 1,722.60
166785 05/09/2024 ACME TIME MACHINE Rec- Cic May 9 Acme Time Machine 650.00 166786 05/09/2024 ADSCOT PEST CONTROL INC. Pest Control 225.00 166787 05/09/2024 ALBERTSONS LLC Park&Rec Asap 22.88
166788 05/09/2024 AMAZON CAPITAL SERVICES OFFICE SUPPLIES 337.56 166789 05/09/2024 ANIMAL CARE HOSPITAL Voucher Program 75.00 166790 05/09/2024 ANIMAL EMERGENCY CLINIC Medical treatment 153.51 166791 05/09/2024 APEX RENTALS James woody Cart-a-way trailer 1,354.68 166792 05/09/2024 APPLE VALLEY LAWNMOWER Grounds Equipment 32.31 166793 05/09/2024 APPLE VALLEY PORTABLES Portables 2,200.04 166794 05/09/2024 APPLE VALLEY TIRE 115 Flat Repair 555.22 166795 05/09/2024 AURORA TRAINING ADVANTAGE, LLC Payroll Training 219.00 166796 05/09/2024 AVCOM SERVICES INC. Answering service 481.40 166797 05/09/2024 BATTERY MART 100 Battery 249.07
166798 05/09/2024 BEAR VALLEY ANIMAL HOSPITAL Voucher Program 4,691.97 166799 05/09/2024 BLAKELY, SHAWN Rec- Cic May 30 Midnight ride 750.00 166800 05/09/2024 BLUE DIAMOND MATERIALS Cold Mix 429.57 166801 05/09/2024 BRIGHTVIEW LANDSCAPE SERVICES Eden PO 2324-000008 April Services 19,790.00 166802 05/09/2024 CACEO Module 1&2 1,200.00
166803 05/09/2024 CAL-STATE AUTO PARTS INC Vehicle Maintenance 54.68 166804 05/09/2024 CAPITAL ONE ASAP 75.28
166805 05/09/2024 CHARLES ABBOTT ASSOCIATES Boyd and Barbosa RRLP inspections March 184.00 166806 05/09/2024 CITY OF VICTORVILLE 22-23 HOME Admin Funds 71,388.95 166807 05/09/2024 CLINE, STEVEN Education Expense 2,265.00 166808 05/09/2024 COUNTY OF SAN BERNARDINO County Filing Fee 844.00 166809 05/09/2024 COUNTY OF SAN BERNARDINO- ISD Department Radios 3,107.64 166810 05/09/2024 CULLIGAN BOTTLED WATER Bistro/Off the Grid 124.15 166811 05/09/2024 DLT SOLUTIONS, INC AutoCAD License Renewal 6,993.98 166812 05/09/2024 EDISON COMPANY 3/11/24-4/9/24 13,130.18 166813 05/09/2024 ENVIROMINE, INC. SMARA Compliance and Reclamation Plan Review 682.50 166814 05/09/2024 FIRST AMERICAN TITLE CO Litigation Guarantee 500.00
166815 05/09/2024 FRONTIER COMMUNICATIONS May Frontier 2,737.03 166816 05/09/2024 GARDA CL WEST, INC May Services 1,227.84 166817 05/09/2024 GOLDEN STATE WATER COMPANY 3/27/24-4/25/24 3,491.48 166818 05/09/2024 GROOVELABS LLC SOT Production 1,755.00 166819 05/09/2024 HD SUPPLY, INC Pilot G2 PVC Knee Boot Composit Toe 133.39 166820 05/09/2024 HESPERIA OUTDOOR POWER EQUIP Chain Saw Air Filter 77.15 166821 05/09/2024 HIGH DESERT LASER GRAPHICS Name Plates 27.19 166822 05/09/2024 HITT CONSTRUCTION CO., INC. Emergency water service repair 70,937.00 166823 05/09/2024 IMPERIAL SPRINKLER SUPPLY Irrigation supplies 114.73 166824 05/09/2024 KERN TURF SUPPLY INC. Grounds Maintenance sprinklers 1,553.19 166825 05/09/2024 KOA CORPORATION Eden PO 2223-000047 815.98 166826 05/09/2024 KONICA MINOLTA Fleet April 6,051.88
166827 05/09/2024 KONICA MINOLTA BUSINESS C4080 Usage - Mar 62.96 166828 05/09/2024 KRIEG, SARAH May reimbursement 276.88 166829 05/09/2024 KTUA Town wide complete streets action plan 65,691.80 166830 05/09/2024 LADY-T TEQUILA & FRIENDS Rec- Cic May 23 Lady T Tequila 600.00 166831 05/09/2024 LAYNE CHRISTENSEN COMPANY Submersible pump EFF Test & PM Services 32,249.60 166832 05/09/2024 LEAD TECH ENVIRONMENTAL Asbestos and Mold Testing 1,327.00 166833 05/09/2024 LIBERTY UTILITIES CA 2/10/24-4/10/24 9,299.67 166834 05/09/2024 LOWE'S (LAR) Supplies 177.34
166835 05/09/2024 LYNNPRO Clean up day T-Shirts 2,583.75 166836 05/09/2024 MATRIX AUDIO VISUAL DESIGNS Audio Visual System Support Extension 5,787.52 166837 05/09/2024 MAUNU, MARIO LAMAR KAHOOLII Instructor Payment 504.00 166838 05/09/2024 MDG ASSOCIATES INC Fisher- HOME RRLP March 1,638.00 166839 05/09/2024 MOJAVE DESERT & MOUNTAIN Mojave Desert JPA MRF 37,517.75 166840 05/09/2024 MOJAVE PAINT & BODY Vehicle Maintenance 4,703.08 166841 05/09/2024 MOJAVE RESOURCE MANAGEMENT LLC Professional Services 8,276.34 166842 05/09/2024 NAPA Small Equipment 76.24
166843 05/09/2024 NIEMELA PAPPAS & ASSOCIATES May Legislative Consulting Services 3,000.00 166844 05/09/2024 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 713.64 166845 05/09/2024 4 Paws Kiddo Rescue Inc. Refunds 430.00 166846 05/09/2024 Amanda Johnson S/N Refund 40.00
166847 05/09/2024 Bella and Sunshine Rescue Inc. S/N Refund 40.00 166848 05/09/2024 Bridget Seroka Uniform 74.33
166849 05/09/2024 Chicago Title Company Escrow 7102401947 138.40 166850 05/09/2024 Cozze Paws Rescue 232503 555.00
166851 05/09/2024 Dog Gone Seattle S/N Refund 75.00
166852 05/09/2024 HAROLD SILCOTT Nem Cash out 112.05
166853 05/09/2024 John W Rose S/N Refund 75.00
166854 05/09/2024 Our Family Paws Rescue S/N Refund 40.00 166855 05/09/2024 SANDRA GARNER 20037 Waco Road 11.16
166856 05/09/2024 Sheri Keaster Uniform 123.91
166857 05/09/2024 Veronica Anne Hill S/N Refund 40.00
166858 05/09/2024 PARKER, AARON Rec- Official Payment Spring Volleyball 50.00 166859 05/09/2024 PNC EQUIPMENT FINANCE Leased Equipment 25,422.94 166860 05/09/2024 PRECISION LOCK & SAFE Locks 470.97
166861 05/09/2024 PRUDENTIAL OVERALL SUPPLY Golf Course Uniforms 829.83 166862 05/09/2024 QUADIENT LEASING USA, INC. Lease 5/20/24-8/19/24 254.87 166863 05/09/2024 QUICK, PAMELA 5/3/2024 40.34
166864 05/09/2024 R&R PRODUCTS Golf Course Belt V Deck 678.08 166865 05/09/2024 ROW TRAFFIC SAFETY, INC Signs 162.28
166866 05/09/2024 SILVER VALLEY PROPANE Propane 84.70
166867 05/09/2024 SITEONE LANDSCAPE SUPPLY LLC Golf Course Fertiziler 1,622.21 166868 05/09/2024 SOOTER, JERRY Rec- Cic May 16 Southern Spirit 800.00 166869 05/09/2024 SOUTHWEST GAS CORPORATION 3/9/24-4/8/24 12,397.84 166870 05/09/2024 SPARKLETTS Water 105.50
166871 05/09/2024 STATE OF CALIFORNIA SMI QTR 01/24-03/24 1,035.58 166872 05/09/2024 STOTZ EQUIPMENT Golf Course- Turf Gator 208.42 166873 05/09/2024 SUPERCO SPECIALTY PRODUCTS Parks- Graffiti buster 1,294.66 166874 05/09/2024 THE ATM GUY ATMs Freedom Festival 500.00 166875 05/09/2024 THE GOODYEAR TIRE & RUBBER CO PD Tires 2,397.31 166876 05/09/2024 TOWN OF APPLE VALLEY May Sewer 2,666.66 166877 05/09/2024 TRANSAMERICA LIFE INS CO Whiteside Policy 41810991 447.85 166878 05/09/2024 TURF STAR INC. Mower Maintenance 60.41 166879 05/09/2024 TYLER TECHNOLOGIES INC EDEN PO 2122-000049 8,693.81 166880 05/09/2024 UNDERGROUND SERVICE ALERT OF SO.
CALIFORNIA
Dig Tickets April 2024 342.50
166881 05/09/2024 V.V.W.R.A. Sewage Treatment 349,403.91 166882 05/09/2024 VALLEYWIDE NEWSPAPERS LLC Advertising 488.75
166883 05/09/2024 VARGAS, RICHARD Park&Rec Official payment Spring Volleyball 100.00 166884 05/09/2024 VERIZON WIRELESS Verizon June 3,703.48 166885 05/09/2024 VERIZON WIRELESS Verizon April 4,361.94 166886 05/09/2024 VOYAGER April Fuel 21,368.66
166887 05/09/2024 WEST COAST SAND & GRAVEL, INC Ground Maintenance 3,555.57 166888 05/09/2024 ASBURY ENVIRONMENTAL SERVICES Oil Disposal 2,892.17 166889 05/17/2024 A & B HITCHES AND MUFFLERS VEHICLES 125 & 126 HITCHES 861.98 166890 05/17/2024 ADVANTAGE COLORGRAPHICS PRINT NEWSLETTER 10,519.98 166891 05/17/2024 AMAZON CAPITAL SERVICES Grounds- Vehicle Maintenance Rascel 151.91 166892 05/17/2024 AMERICAN COMPUTER SERVICE STATEMENTS/POSTAGE 15,960.05 166893 05/17/2024 ANIMAL CARE HOSPITAL Spay/Neuter Voucher Program 400.00 166894 05/17/2024 APPLE VALLEY ANIMAL HOSPITAL Spay/Neuter Voucher Program 70.50 166895 05/17/2024 APPLE VALLEY CAR WASH APRIL SERVICES 158.91 166896 05/17/2024 APPLE VALLEY FIRE PROTECTION Special Event Inspection 5/18/2024 149.00 166897 05/17/2024 APPLE VALLEY LAWNMOWER CHAIN SAW MAINTENANCE 131.40 166898 05/17/2024 APPLE VALLEY PORTABLES James Woody Park Portables 1,975.04 166899 05/17/2024 ARCHITERRA INC EDEN PO 2122-000034 1,135.00 166900 05/17/2024 BATTERY MART Grounds- Vehicle maintenance Pro Gator 73.40 166901 05/17/2024 BEACON ATHLETICS LLC Grounds- James Woody Ball fields 1,888.87 166902 05/17/2024 BEAR VALLEY ANIMAL HOSPITAL Medical Treatment 1,845.88 166903 05/17/2024 BECK OIL INC. CARDLOCK FUEL 496.71
166904 05/17/2024 BENEFIT COORDINATORS CORPORATION APRIL PREMIUMS 7,693.01 166905 05/17/2024 BURRTEC WASTE IND, INC. Victor Valley Compost 3-31-24 44,186.75 166906 05/17/2024 CAPITAL ONE ASAP supplies 496.04
166907 05/17/2024 CREATING BRAND LEGACY Rec- Race series charms 3,844.30 166908 05/17/2024 DUNN EDWARDS CORPORATION Fac- DSB paint 279.67 166909 05/17/2024 FEDEX SHIPPING 25.42
166910 05/17/2024 FRANCE PUBLICATIONS, INC March 2024 Western Real Estate Business 1/2 page
2,000.00
166911 05/17/2024 G.A. OSBORNE PIPE & SUPPLY Grounds- Parks irrigation 201.30 166912 05/17/2024 HASA INC. Fac- Pool Chemicals 846.93
166913 05/17/2024 HDL SOFTWARE LLC FEBRUARY SERVICES 269.60 166914 05/17/2024 HIGH DESERT AUTO & RV INC Vehicle Repair 679.09 166915 05/17/2024 HITT CONSTRUCTION CO., INC. Utility Hookups 34,550.00
166916 05/17/2024 HITT PLUMBING CO., INC. Fac- James Woody Water leak repair 1,435.00 166917 05/17/2024 HOME DEPOT CREDIT SEVICES Fac- Tools and Supplies 44.69 166918 05/17/2024 IMPERIAL SPRINKLER SUPPLY Grounds- Parks irrigation 13,113.95 166919 05/17/2024 KEMBLE, BEAU Travel advance request for Tyler Connect 2024 405.00 166920 05/17/2024 KIMBALL MIDWEST SMALL TOOLS S/WW SPLIT 618.14 166921 05/17/2024 KIMLEY-HORN AND ASSOCIATES, INC. Brewster Park/James Woody Park Irrigation Project
15,825.00
166922 05/17/2024 LIBERTY UTILITIES CA 3/5/24-5/2/24 1,056.23 166923 05/17/2024 LOWE'S (LAR) Supplies for Shelter 1,097.46 166924 05/17/2024 MATRIX AUDIO VISUAL DESIGNS Theater Security Cameras 73,611.71 166925 05/17/2024 MATRIX AUDIO VISUAL DESIGNS Golf Course Security Cameras 16,954.55 166926 05/17/2024 MR UNITED INC MISC SMALL TOOLS - STREETS 800.26 166927 05/17/2024 MWI ANIMAL HEALTH Shelter Meds 2,580.30 166928 05/17/2024 MYONLINEBILL.COM APRIL SERVICES 2,511.20 166929 05/17/2024 NAPA Grounds- Vehicle maintenance 25.03 166930 05/17/2024 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 739.67 166931 05/17/2024 Adriana Barajas Espinoza Refund for Winter Youth Basketball 79.00 166932 05/17/2024 Anna J Browm S/N Refund 40.00
166933 05/17/2024 Charlene M Estrada S/N Refund 75.00
166934 05/17/2024 David / Kristin Fusello S/N Refund 40.00 166935 05/17/2024 Dr. Fran Williams Refund Rental Deposit 250.00 166936 05/17/2024 Jesse Naputi S/N Refund 75.00
166937 05/17/2024 LUKE E WARD PROPERY DAMAGE CLAIM SETTLEMENT 1,079.86 166938 05/17/2024 Teresa Hobson S/N Refund 75.00
166939 05/17/2024 The Pin Center Special Event 5/18/24 412.50 166940 05/17/2024 PARS MARCH FEES 478.03
166941 05/17/2024 PRECISION LOCK & SAFE Facilities Locks/Keys 468.14 166942 05/17/2024 PRUDENTIAL OVERALL SUPPLY Fac- Uniforms 1,091.87 166943 05/17/2024 ROW TRAFFIC SAFETY, INC BEACONS AND LIGHTS FOR VEHICLES 128, 129, 130
6,295.67
166944 05/17/2024 RSG, INC April 2024 RE Brokerage Services 962.50 166945 05/17/2024 SAMARITAN ANIMAL HOSPITAL Spay/Neuter Voucher Program 695.00 166946 05/17/2024 SAN BERNARDINO & RIVERSIDE Singh Center fire hydrant service 29,585.10
166947 05/17/2024 SAN BERNARDINO FIRE PROT. DIST CUPA PERMIT BUILDING C - VM 1,705.65 166948 05/17/2024 STATE OF CALIFORNIA- D.O.J. FINGERPRINTS 820.00 166949 05/17/2024 STATES AND DOOR AND HARDWARE INC Fac- James Woody Gym Doors 2,765.04 166950 05/17/2024 SUMMIT SAFETY LLC HIVIS VESTS 18.29
166951 05/17/2024 TOPS N BARRICADES, INC Grounds- Brewster park seeding temp. fencing 629.04 166952 05/17/2024 TOWN OF APPLE VALLEY MAY SEWER 1,004.01 166953 05/17/2024 TURF STAR INC. Grounds- Vehicle Maintenance Mower 473.64 166954 05/17/2024 U.S. BANK CORP. PMT SYSTEM APRIL CALCARD 43,992.07 166955 05/17/2024 VERDE DESIGN, INC PO 2324-000009 Pahute St. Widening 106,030.43 166956 05/17/2024 VICTOR VALLEY COLLEGE 23/34 PRESIDENT'S CIRCLE MEMEBERSHIP 1,000.00 166957 05/17/2024 VICTOR VALLEY TRANSIT AUTH. (20) 31-DAY PASS 550.00 166958 05/17/2024 WAXIE SANITARY SUPPLY Fac- Sanitary Supplies 6,575.94 166959 05/17/2024 WINSUPPLY Fac- Flush sensors 628.14
166960 05/23/2024 ANDREW RAYGOZA Nem Cash out 169.49
166961 05/23/2024 ARAKSI NEMKEREKYAN Nem Cash out 20.87 166962 05/23/2024 ARAKSI NEMKEREKYAN Nem Cash out 48.55 166963 05/23/2024 ARIEANNA NEVAREZ Nem Cash out 12.94
166964 05/23/2024 CATAMOUNT PROPERTIES 2019 LLC Nem Cash out 36.96 166965 05/23/2024 CHELSEA L KOWALCZYK Nem Cash out 119.20 166966 05/23/2024 DAVID GARCIA Nem Cash out 55.82
166967 05/23/2024 EMMANUEL A NATOGMA Nem Cash out 34.42 166968 05/23/2024 HAN LIU Nem Cash out 80.41
166969 05/23/2024 JENNIFER MELENDEZ Nem Cash out 153.65 166970 05/23/2024 JERRY DODDY Nem Cash out 3.24
166971 05/23/2024 JESSICA OCULL Nem Cash out 174.39
166972 05/23/2024 JESSIE ANTONSON Nem Cash out 22.21
166973 05/23/2024 KAREN EARLY Nem Cash out 18.20
166974 05/23/2024 LISA GONZALES Nem Cash out 94.44
166975 05/23/2024 MARGARET RHOADES Nem Cash out 180.98
166976 05/23/2024 MARIA SADA Nem Cash out 2.20
166977 05/23/2024 MARK A GLENK Nem Cash out 98.78
166978 05/23/2024 MARK ROBLES Nem Cash out 3.89
166979 05/23/2024 MELISSA C GONZALEZ Nem Cash out 94.90
166980 05/23/2024 MERUZHAN HOVHANNISYAN Nem Cash out 670.31 166981 05/23/2024 RANDALL P RUTH Nem Cash out 122.76
166982 05/23/2024 RAUL C SAENZ Nem Cash out 462.54
166983 05/23/2024 SCOTT HODGSON Nem Cash out 89.63
166984 05/23/2024 STACY MCCARTNEY Nem Cash out 28.64
166985 05/23/2024 STEVEN BENYO Nem Cash out 56.40
166986 05/23/2024 360 FREESTYLE GYMNASTICS Instructor Payment 81.20 166987 05/23/2024 ACUSHNET COMPANY Resale Items 764.09
166988 05/23/2024 ALLIANT INSURANCE SERVICES INC Special Events Insurance Premium Q1 3,584.00 166989 05/23/2024 ANIMAL CARE HOSPITAL S/N Voucher Program 75.00 166990 05/23/2024 APPLE VALLEY ANIMAL HOSPITAL S/N Voucher Program 350.00 166991 05/23/2024 APPLE VALLEY FEED BIN Animal Food 8.61 166992 05/23/2024 APPLE VALLEY FIRE PROTECTION Fire District Impact Fees 15,927.00 166993 05/23/2024 APPLE VALLEY PORTABLES Portables 615.01 166994 05/23/2024 APPLE VALLEY PRINTING Envelopes 882.47 166995 05/23/2024 APPLE VALLEY TIRE Vehicle Repair 129.88 166996 05/23/2024 APPLE VALLEY UNIFIED SCHOOL DISTRICT Fines & Forfeitures 844.27 166997 05/23/2024 BEAR VALLEY ANIMAL HOSPITAL Adoption S/N 638.87 166998 05/23/2024 BECK OIL INC. Golf Course Gas 1,745.85 166999 05/23/2024 BURRTEC WASTE INDUSTRIES, INC HHW Ops 2,771.71 167000 05/23/2024 CAL-STATE AUTO PARTS INC Vehicle Maintenance 65.99 167001 05/23/2024 CALIFORNIA DEPARTMENT OF FISH & GAME Bear Valley Bridge Project 554.00 167002 05/23/2024 CALLAWAY GOLF SALES CO. Resale items 733.02 167003 05/23/2024 CAPITAL ONE ASAP 226.86
167004 05/23/2024 CERTIFIED CREDIT REPORTING INC Franco and Bradford Tax Transcripts 68.00 167005 05/23/2024 CHARLES ABBOTT ASSOCIATES Engineering Services April 2024 156,635.00 167006 05/23/2024 CT&T CONCRETE PAVING, INC Construction for Apple Valley Road 95,485.45 167007 05/23/2024 DOKKEN ENGINEERING Bear Valley Bridge Project Design 71,744.37 167008 05/23/2024 DR. JAIME VELASCO Vet services April 3,250.00 167009 05/23/2024 EDISON COMPANY 4/1/24-4/30/24 53,720.82 167010 05/23/2024 ESQUIBEL, DEBRA Instructor Payment 86.40 167011 05/23/2024 FEED MY SHEEP Winco Foods purchase for groceries 8,597.90 167012 05/23/2024 G.A. OSBORNE PIPE & SUPPLY Ground Maintenance 138.01 167013 05/23/2024 GEISEL, PATRICK Rec- Official Payment Spring Volleyball 50.00
167014 05/23/2024 HASA INC. Fac- Pool Chemicals 3,069.92 167015 05/23/2024 HD SUPPLY, INC Pilot G2 PVC Knee Boot Composit Toe 33.35 167016 05/23/2024 HESPERIA HOSE SUPPLY Hose Repair 13.15 167017 05/23/2024 HESPERIA OUTDOOR POWER EQUIP Vehicle Maintenance 742.32 167018 05/23/2024 HIGH DESERT AUTO & RV INC Vehicle repair truck 84 862.36 167019 05/23/2024 HIGH DESERT JUNIOR GOLF ACADEMY Instructor Payment 1,316.25 167020 05/23/2024 HIGH DESERT LASER GRAPHICS Badge 22.84 167021 05/23/2024 HITT CONSTRUCTION CO., INC. Plans 1,000.00 167022 05/23/2024 INTERVET, INC. Microchips 673.44
167023 05/23/2024 JOHNSON, RAFORD Rec- Official Payment Spring Volleyball 50.00 167024 05/23/2024 JOHNSON, RAFORD Rec- Official Payment Spring Volleyball 50.00 167025 05/23/2024 KOA CORPORATION Eden PO 2223-000038 7,033.38 167026 05/23/2024 KOSMONT & ASSOCIATES, INC April 2024 EIFD 772.20 167027 05/23/2024 LCR EARTHWORK & ENGINEERING Roadway Repair 259,945.65 167028 05/23/2024 LEAD TECH ENVIRONMENTAL Boyd Molf Inspection 500.00 167029 05/23/2024 LESLIE'S SWIMMING POOL SUPPLIES Aquatics Test Kit 28.11 167030 05/23/2024 LIBERTY UTILITIES CA 3/5/24-5/2/24 42,702.82 167031 05/23/2024 LOWE'S (LAR) Shelter Supplies 623.64
167032 05/23/2024 MDG ASSOCIATES INC CDBG Admin April 6,284.75 167033 05/23/2024 MOJAVE PAINT & BODY Vehicle Repair 8,431.67 167034 05/23/2024 MOTOROLA SOLUTIONS, INC Department 2 way radios 1,333.73 167035 05/23/2024 MUSICSTAR/CREATIVE BRAIN Instructor Payment 163.80 167036 05/23/2024 NIX, PATRICIA Instructor Payment 36.40 167037 05/23/2024 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 684.50 167038 05/23/2024 4 Paws Kiddo Rescue Inc. S/N Deposit Refund 115.00 167039 05/23/2024 Trash Refund Trash Refund 17.90
167040 05/23/2024 Cozze Paws Rescue S/N Deposit Refund 115.00 167041 05/23/2024 Cozze Paws Rescue S/N Deposit Refund 40.00 167042 05/23/2024 Trash Refund Trash Refund 397.34
167043 05/23/2024 Daniell Leslie Norman S/N Deposit Refund 40.00 167044 05/23/2024 Trash Refund Trash Refund 71.55
167045 05/23/2024 Trash Refund Trash Refund 81.51
167046 05/23/2024 JOANNE GAINER PROPERY DAMAGE CLAIM SETTLEMENT 134.69 167047 05/23/2024 John Groff S/N Deposit Refund 40.00
167048 05/23/2024 Linda McDaniel Refund Rental Deposit 250.00 167049 05/23/2024 LOUISE HARSHA Trash Refund 68.15
167050 05/23/2024 Margaret Demauro LS Deferral 7,169.00 167051 05/23/2024 Maria Penaloza Refund Rental Deposit 250.00 167052 05/23/2024 Miriam Beth Shulman S/N Deposit Refund 150.00 167053 05/23/2024 Mutt In Need Rescue S/N Deposit Refund 80.00 167054 05/23/2024 Trash Refund Trash Refund 91.65
167055 05/23/2024 Trash Refund Trash Refund 171.73
167056 05/23/2024 Trash Refund Trash Refund 119.85
167057 05/23/2024 Trash Refund Trash Refund 47.13
167058 05/23/2024 SHAWNEE RENEE DAVIS PROPERY DAMAGE CLAIM SETTLEMENT 53.87 167059 05/23/2024 Trash Refund Trash Refund 126.30
167060 05/23/2024 Steve White LS Deferral 7,169.00
167061 05/23/2024 Trash Refund Trash Refund 35.77
167062 05/23/2024 Tahlia A Dibello S/N Deposit Refund 40.00 167063 05/23/2024 William Elliott S/N Deposit Refund 40.00 167064 05/23/2024 PACIFIC PRODUCTS & SVC LLC Sign Poles and Sleeves 3,685.05 167065 05/23/2024 PARKER, AARON Rec- Official Payment Spring Volleyball 50.00 167066 05/23/2024 PARKER, AARON Rec- Official Payment Spring Volleyball 50.00 167067 05/23/2024 PNC EQUIPMENT FINANCE Leased Equipment 11,076.28 167068 05/23/2024 PRECISION BLUEPRINTS & PRINTING Turnout Plans 171.48 167069 05/23/2024 PRECISION LOCK & SAFE Keys 90.05
167070 05/23/2024 PRUDENTIAL OVERALL SUPPLY Uniforms 648.81 167071 05/23/2024 QUADIENT LEASING USA, INC. Lease #N24042178 768.64 167072 05/23/2024 ROW TRAFFIC SAFETY, INC Adopt a street Sign 32.33 167073 05/23/2024 RSG, INC FY 23-24 Services 206.25
167074 05/23/2024 SALES & DISTRIBUTION SERVICES 50# Bag SDS-EZ Street 1,060.81 167075 05/23/2024 SAN BERNARDINO COUNTY SHERIFF'S
DEPARTMENT
May Law Enforcement Services 1,541,868.00
167076 05/23/2024 SCMAF April 2024 Insurance 353.50
167077 05/23/2024 SCP DISTRIBUTORS LLC Fac- Test tubes for pool 1,077.71 167078 05/23/2024 SITEONE LANDSCAPE SUPPLY LLC Vehicle Maintenance 1,331.15 167079 05/23/2024 Trash Refund Trash Refund 59.38
167080 05/23/2024 SOUTHWEST GAS CORPORATION 4/9/24-5/7/24 11,901.92
167081 05/23/2024 ST. FRANCIS ELECTRIC, LLC April 2024 Response 5,869.97 167082 05/23/2024 STERICYCLE REGULAR SERVICE/OFF-SITE 154.82 167083 05/23/2024 STILES ANIMAL REMOVAL, INC. April 2024 Disposal Services 5,490.00 167084 05/23/2024 Voided Voided 0.00
167085 05/23/2024 Voided Voided 0.00
167086 05/23/2024 Voided Voided 0.00
167087 05/23/2024 Voided Voided 0.00
167088 05/23/2024 Voided Voided 0.00
167089 05/23/2024 Voided Voided 0.00
167090 05/23/2024 Voided Voided 0.00
167091 05/23/2024 Voided Voided 0.00
167092 05/23/2024 Voided Voided 0.00
167093 05/23/2024 Voided Voided 0.00
167094 05/23/2024 Voided Voided 0.00
167095 05/30/2024 ABF PRINTS, INC. Printing 970.92
167096 05/30/2024 ADVANTAGE COLORGRAPHICS Rec- A Better Way to Play Books 10,858.44 167097 05/30/2024 AMAZON CAPITAL SERVICES EAR PLUGS AND SAFETY GLASES 959.62 167098 05/30/2024 AMERICAN FIDELITY ASSURANCE MAY PREMIUMS 5,310.91 167099 05/30/2024 APPLE VALLEY FIRE PROTECTION FIRE DISTRICT IMPACT FEES 10,001.61 167100 05/30/2024 ARCMATE MANUFACTURING CORP Grnds- Small tools 298.31 167101 05/30/2024 BECK OIL INC. DEF 12.23
167102 05/30/2024 BENEFIT COORDINATORS CORPORATION MAY PREMIUMS 6,366.60 167103 05/30/2024 BIL-JAX, INC. STAGE SKIRTING 3,015.18 167104 05/30/2024 CAL-STATE AUTO PARTS INC DEF 122.08
167105 05/30/2024 CALLAWAY GOLF SALES CO. Golf- Resale items 2,381.27 167106 05/30/2024 CHARLES ABBOTT ASSOCIATES April 2024 Building & Safety 97,106.50 167107 05/30/2024 CHARTER COMMUNICATIONS Spectrum - Golf - May 274.43 167108 05/30/2024 CHARTER COMMUNICATIONS Spectrum - May 9,720.98 167109 05/30/2024 CHICAGO TITLE COMPANY 19117 TECUMSEH ROAD 68.09 167110 05/30/2024 COUNTY OF SAN BERNARDINO #1046 Jan 1-31, 2024 932,171.84 167111 05/30/2024 CULLIGAN BOTTLED WATER Golf- Building maintenance 124.15 167112 05/30/2024 DESAI, RONAK APRIL SERVICES 3,120.00
167113 05/30/2024 DUNN EDWARDS CORPORATION Rec- Art in the park paint 1,128.13 167114 05/30/2024 FAUST MEDIA SERVICES MAYOR PRO TEM BUSINESS CARDS 231.66 167115 05/30/2024 FEDEX SHIPPING 136.63
167116 05/30/2024 FIDELITY NATIONAL TITLE CO. 10625 Tecopa ct. 49.62
167117 05/30/2024 FIDELITY SECURITY LIFE INS / MAY PREMIUMS 1,043.89 167118 05/30/2024 G&M TOWING & RECOVERY Grnds- Tow of Vehicle #61 126.50 167119 05/30/2024 G.A. OSBORNE PIPE & SUPPLY Grds- Sprinkler parts 1,104.49 167120 05/30/2024 GROOVELABS LLC Rec- Payment SCS June 13 Stage, Sound & Lighting
4,263.00
167121 05/30/2024 GROOVELABS LLC Rec- Payment SCS June 6 Stage, Sound & Lighting 4,263.00 167122 05/30/2024 GROOVELABS LLC Rec- Payment for SCS July 25 Stage, Sound & Lights
4,263.00
167123 05/30/2024 GROOVELABS LLC Rec- Payment SCS July 18 Stage, Sound & Lighting 4,263.00 167124 05/30/2024 GROOVELABS LLC Rec- Payment SCS July 11 Stage, Sound, Lighting 4,263.00 167125 05/30/2024 GROOVELABS LLC Rec- Payment SCS June 27 Stage, Sound & Lighting
4,263.00
167126 05/30/2024 GROOVELABS LLC Rec- Payment SCS June 20 Stage, Sound & Lighting
4,263.00
167127 05/30/2024 HAAKER EQUIPMENT CO #80 TACK PUMP REPAIRS 1,354.45 167128 05/30/2024 HD SUPPLY, INC GLOVES 621.92
167129 05/30/2024 HDL SOFTWARE LLC MARCH SERVICES 353.28 167130 05/30/2024 HESPERIA OUTDOOR POWER EQUIP WEED WACKER MAINTENANCE 849.99 167131 05/30/2024 HINCHCLIFFE, CHARLES EVERETT Payment for SCS July 18 Pop Vision 650.00 167132 05/30/2024 JOHNSON CONTROLS Fac- Golf course HVAC repairs 5,986.03 167133 05/30/2024 KERN TURF SUPPLY INC. Golf- Ground maintenance Sprinkler parts 2,028.28 167134 05/30/2024 KIMBALL MIDWEST SHRINK TUBE AND CHEMICALS 494.44 167135 05/30/2024 KONICA MINOLTA PREMIER FINANCE Konica - C4080 Base - May 916.96 167136 05/30/2024 LAYNE CHRISTENSEN COMPANY Golf course- pump servicing 4,761.32 167137 05/30/2024 MATRIX AUDIO VISUAL DESIGNS Projection System 65,039.78 167138 05/30/2024 MOJAVE DESERT AQMD Golf- License renewal and fees 413.65 167139 05/30/2024 NAPA Grnds- #61 Vehicle maintenance 1,011.67 167140 05/30/2024 NEW YORK LIFE MAY PREMIUMS REMITTER ID 988954670 475.97 167141 05/30/2024 NOTEWORTHY PROMOTIONS, INC Rec- Payment for SCS July 25, B OK Band perform 3,000.00 167142 05/30/2024 ODP BUSINESS SOLUTIONS, LLC Office Supplies - DSB Work Center 430.78
167143 05/30/2024 Trash Refund Trash Refund 49.62
167144 05/30/2024 Trash Refund Trash Refund 157.87
167145 05/30/2024 Trash Refund Trash Refund 307.56
167146 05/30/2024 Trash Refund Trash Refund 60.16
167147 05/30/2024 Trash Refund Trash Refund 1,071.00
167148 05/30/2024 Trash Refund Trash Refund 55.38
167149 05/30/2024 CHRISTINA MARIE SANTACRUZ PROPERY DAMAGE CLAIM SETTLEMENT 400.00 167150 05/30/2024 Trash Refund Trash Refund 22.24
167151 05/30/2024 Trash Refund Trash Refund 70.70
167152 05/30/2024 Trash Refund Trash Refund 298.76
167153 05/30/2024 Trash Refund Trash Refund 35.82
167154 05/30/2024 Trash Refund Trash Refund 117.21
167155 05/30/2024 Trash Refund Trash Refund 29.57
167156 05/30/2024 Trash Refund Trash Refund 144.38
167157 05/30/2024 Trash Refund Trash Refund 114.25
167158 05/30/2024 Trash Refund Trash Refund 23.63
167159 05/30/2024 Trash Refund Trash Refund 175.96
167160 05/30/2024 Trash Refund Trash Refund 5.77
167161 05/30/2024 Trash Refund Trash Refund 98.09
167162 05/30/2024 Trash Refund Trash Refund 23.08
167163 05/30/2024 Trash Refund Trash Refund 39.24
167164 05/30/2024 Trash Refund Trash Refund 162.07
167165 05/30/2024 Trash Refund Trash Refund 103.59
167166 05/30/2024 Trash Refund Trash Refund 1,260.11
167167 05/30/2024 Trash Refund Trash Refund 24.78
167168 05/30/2024 Trash Refund Trash Refund 37.18
167169 05/30/2024 Trash Refund Trash Refund 40.93
167170 05/30/2024 Trash Refund Trash Refund 23.92
167171 05/30/2024 Trash Refund Trash Refund 66.68
167172 05/30/2024 Trash Refund Trash Refund 57.41
167173 05/30/2024 Trash Refund Trash Refund 55.01
167174 05/30/2024 Trash Refund Trash Refund 9.33
167175 05/30/2024 Trash Refund Trash Refund 117.21
167176 05/30/2024 Trash Refund Trash Refund 134.62
167177 05/30/2024 Trash Refund Trash Refund 256.87
167178 05/30/2024 Trash Refund Trash Refund 43.32
167179 05/30/2024 Trash Refund Trash Refund 47.09
167180 05/30/2024 Trash Refund Trash Refund 101.71
167181 05/30/2024 PHAT CAT SWINGER Rec- Payment for SCS June 20 Phat Cat Swinger 4,000.00 167182 05/30/2024 PLUMBERS DEPOT INC. Sewer Hose 1,086.13 167183 05/30/2024 PREMIER TRIBUTES LLC Rec- Payment for SCS July 18 Twist on Taylor 5,500.00 167184 05/30/2024 PRUDENTIAL OVERALL SUPPLY Uniforms 689.37 167185 05/30/2024 SILVER VALLEY PROPANE Propane 70.84
167186 05/30/2024 SIMONE, DEAN Rec- Payment for SCS June 13 Smokin Cobras 2,700.00 167187 05/30/2024 SITEONE LANDSCAPE SUPPLY LLC Ground Maintenance 2,806.03 167188 05/30/2024 SMART & FINAL JPIA Training Snacks 686.97 167189 05/30/2024 SUMMIT SAFETY LLC HI VIS VESTS 203.54 167190 05/30/2024 SUPERCO SPECIALTY PRODUCTS Grafitti Remover 1,560.33 167191 05/30/2024 SWEETWATER SOUND LLC Mixing Board Equipment 2,163.63 167192 05/30/2024 TAYLOR, SHARI Instructor Payment 258.00 167193 05/30/2024 TEXAS LIFE INSURANCE CO. May Premiums 985.30 167194 05/30/2024 THE KINGS OF 88 Rec- Payment for SCS July 11 Kings of 88 2,750.00 167195 05/30/2024 THEMATIC PRODUCTIONS CO. Rec- Payment for SCS June 27 Funky Hippeez 3,250.00 167196 05/30/2024 Trash Refund Trash Refund 82.04
167197 05/30/2024 Trash Refund Trash Refund 158.61
167198 05/30/2024 Trash Refund Trash Refund 192.96
167199 05/30/2024 TOWN OF APPLE VALLEY Sewer 1,732.38
167200 05/30/2024 TURF STAR INC. Golf Course- Fairway unit 534.42 167201 05/30/2024 TURF STAR INC. Golf course- vehicle maintenance mowers 147.91 167202 05/30/2024 TYLER TECHNOLOGIES INC EDN PO 2122-000049 4,440.00 167203 05/30/2024 U.S. BANK CORP. PMT SYSTEM MAY CALCARD 40,909.90 167204 05/30/2024 VARGAS, RICHARD Spring Volleyball official payment 100.00 167205 05/30/2024 VARGAS, RICHARD Spring Volleyball official payment 100.00 167206 05/30/2024 VASQUEZ, JONATHON Gracie Jui Jitsu classes instructor payment 79.10 167207 05/30/2024 VIGILANT SOLUTIONS LLC ANNUAL SUBSCRIPTION 2,571.33 167208 05/30/2024 WILBUR-ELLIS COMPANY LLC Grds- Weed Killer 2,123.21 167209 05/30/2024 WINER, NATAN Rec- Payment for SCS June 6 American Made Band 1,600.00
167210 05/30/2024 WINSUPPLY Fac- Aquatic center shower repairs 142.51 167211 05/30/2024 WIRZ AND CO PRINTING INC AV Letter Phase 3 2,718.21
167212 05/30/2024 WITHERS, KANISHA Mileage Reimbursement 60.71 167213 05/30/2024 WPONCALL WEBSITE MAINTENANCE 300.00
489 Checks Total amount of checks: 5,085,800.51
Check # Date Vendor Description Check Total
188 05/02/2024 CADY, MICHAEL Retiree Reimbursement 281.40 189 05/02/2024 CRON, DENNIS Retiree Reimbursement 417.60 190 05/02/2024 CUPP, PAMELA Retiree Reimbursement 1,181.87 191 05/02/2024 KELLEY, KAREN Retiree Reimbursement 578.34 192 05/02/2024 LAMSON, LORI Retiree Reimbursement 1,325.55 193 05/02/2024 MCKEON, TOM Retiree Reimbursement 99.53
194 05/02/2024 MILLER, CAROL Retiree Reimbursement 457.80 195 05/02/2024 MOLINARI, MICHAEL Retiree Reimbursement 721.18 196 05/02/2024 SIMMONS, DAWN Retiree Reimbursement 557.10 197 05/02/2024 SMITH, KEVIN Retiree Reimbursement 361.16 198 05/02/2024 SULZBERGER, DIANNE Retiree Reimbursement 578.34 199 05/02/2024 TYPE-SET-GO EMBROIDERED FINANCE LOGO (8) 86.20 200 05/02/2024 VULCAN MATERIALS MIX 379.50
201 05/09/2024 Voided Voided 0.00
202 05/09/2024 Voided Voided 0.00
203 05/09/2024 Voided Voided 0.00
204 05/09/2024 Voided Voided 0.00
205 05/09/2024 Voided Voided 0.00
206 05/09/2024 Voided Voided 0.00
207 05/09/2024 Voided Voided 0.00
208 05/09/2024 Voided Voided 0.00
209 05/09/2024 Voided Voided 0.00
210 05/09/2024 BATTISTA, RICHARD May 1st Half Graffiti 2,152.80 211 05/09/2024 BIG APPLE AUTO VEHICLE REPAIR 7,936.00
212 05/09/2024 CHRIST THE SOLID ROCK LMEC 3rd Qtr. reimbursement Payroll for staff 4,860.00 213 05/09/2024 FEHR & PEERS Circulation Element Update 12,695.00 Town of Apple Valley
Commercial Warrants
Month of May 2024
Electronic Fund Transfers
214 05/09/2024 INLAND FAIR HOUSING & 3rd Qtr. reimbursement services for Mar 1,132.81 215 05/09/2024 INTERWEST CONSULTING GROUP INC EDEN PO 2324-000028 SPR2022-007 3,258.75 216 05/09/2024 Voided Voided 0.00
217 05/09/2024 VULCAN MATERIALS Mix 966.20
218 05/17/2024 BURRTEC WASTE INDUSTRIES INC A3 A4 HE 844,890.38 219 05/17/2024 DARLING, AMBER D TRAVEL ADVANCE 69.01
220 05/17/2024 FLYERS ENERGY, LLC PD FUEL 474.28
221 05/17/2024 VETERAN SECURITY INC SECURITY SERVICES & SINGH CENTER 05/ 11,295.00 222 05/17/2024 VULCAN MATERIALS MIX 1,873.45
223 05/21/2024 TYPE-SET-GO Rec- Deposit for Spring Basketball Jersey 2,000.00 224 05/23/2024 BATTISTA, RICHARD 1st half May 4,819.80
225 05/23/2024 BURNELL, DON Karate Classes Instructor payment 74.20 226 05/23/2024 CARROLL, MARY ANNE Yoga fit class Instructor payment 396.00 227 05/23/2024 GARCIA, NEIL Guitar lessons instructor payment 420.00 228 05/23/2024 INLAND FAIR HOUSING & 4th Qtr. reimbursement month of April 1,128.44 229 05/23/2024 MOCHARNUK, BILL Tennis Classes Instructor payment 453.60 230 05/23/2024 MURO, MARIA Aqua Zumba Class Instructor payment 617.06 231 05/23/2024 MYERS, MELANIE Rec- Acting Classes instructor payment 1,008.00 232 05/23/2024 QUADIENT FINANCE USA, INC PD POSTAGE 500.00 233 05/23/2024 RICHLING, HAILEY Tap & Ballet classes instructor payment 396.00 234 05/23/2024 TYPE-SET-GO ICSC Embroidery on shirts 1,335.02 235 05/23/2024 URMSTON, CHRIS Tai Chi Instructor payment 270.60 236 05/23/2024 VULCAN MATERIALS MIX 673.44
237 05/30/2024 B B & K Retainer April 2024 46,803.64
238 05/30/2024 VETERAN SECURITY INC SECURITY SERVICES & SINGH CENTER 05/ 3,765.00 239 05/30/2024 VULCAN MATERIALS Mix 732.70
42 EFT's Total amount of EFT's: $964,022.75
(52 including voids)
Wire Reference Date Beneficiary Name Description Wire Total 240529B00TGL 5/29/2024 U.S. Bank Debt Service Payment 2020A $ 606,854.81
TOWN OF APPLE VALLEY
WIRE TRANSFERS
MONTH OF MAY 2024
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: MAY 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE
From: Douglas Robertson, Town Manager
Submitted by: Emad Gewaily, Director of Finance
Finance
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.
BACKGROUND
Per Sections 3.16.040 through 3.18.030 of the Town of Apple Valley Municipal Code, except for tort claims, every claim and demand received against the Town shall be presented to, approved in writing by the receiving department or office, certified to the delivery or rendition of the supplies, materials, property, or service for which payment is claimed, and that the quality and prices correspond with the original specifications and contracts.
SUMMARY
Pursuant to the Town’s Municipal Code, the register of demands shall be presented to the Town Council at the next regular meeting thereof after preparation. The Town Council may approve, conditionally or partially approve, or reject such a register of demands and in connection therewith consider the recommendations of the Town Manager and Director of Finance. Further, the State Government Code provides that Staff may process and pay prior to ratification by the Town Council, demands properly made in the ordinary course of business, the just obligations of the Town, such as routine salaries and wages, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.
The Payroll / Benefits warrants issued from May 1 through May 31, 2024, in the amount of $783,651.76 net of voids, covering issued warrant #s 70142-70224 and direct deposit advice #s 9988874-9989323 are herewith submitted for approval.
FISCAL IMPACT
DATE TOTAL
05/10/2024 $387,459.46
05/24/2024 $396,192.30
TOTAL: $783,651.76
The payroll and benefit warrants issued, covering warrant #s 70142-70224 and direct deposit advice #s 9988874 – 9989323 inclusive, totaled $783,651.76.Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: BIENNIAL REVIEW OF THE TOWN OF APPLE VALLEY’S CONFLICT
OF INTEREST CODE TO COMPLY WITH THE POLITICAL REFORM
ACT
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
Direct the Town Manager or designee to review its code and submit a notice to the Town Council by October 1, 2024, that either amendments are required or that no amendments are necessary.
BACKGROUND
The Political Reform Act requires that local government agencies “Code Reviewing Body”, i.e. the Town Council must, each even-numbered year, notify each Town agency to review its Conflict of Interest Code.
Many cities/towns govern several agencies such as city/town operated Fire and Police Departments, etc. However, the Town of Apple Valley governs exclusively the Town’s Conflict of Interest Code.
It would be appropriate at this time to direct the Town Manager to review its code and submit a notice to the Town Council by October 1, 2024 that either amendments are required or that no amendments are necessary. If amendments to the code are necessary, the notice must be forwarded to the Town Council for approval within 90 days of submission.
FISCAL IMPACT
None.
ATTACHMENTS
None.
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: THIRTY-FIFTH AMENDMENT TO LAW ENFORCEMENT CONTRACT #94-798
From: Douglas Robertson, Town Manager
Submitted by: Douglas Robertson, Town Manager
Jason Cunningham, Captain, Apple Valley Station
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Staff recommends that the Town Council approve the Thirty-Fifth Amendment to Law Enforcement Contract #94-798 for the period of July 1, 2024 through June 30, 2025 and authorize the Mayor or designee to process all documents required for the agreement.
BACKGROUND
The Thirty-Fifth Amendment replaces the Schedule A Contract #94-798 providing law enforcement services to the Town of Apple Valley for the period of July 1, 2023 through June 30, 2024.
FISCAL IMPACT
The $18,999,060 contract amount will be included in the Town’s FY 2024-25 proposed budget.
ATTACHMENTS
A. Schedule A Contract #94-798 A-35
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: MODIFIED BOND AMOUNT AND RELEASE FOR TRACT MAP 18917 From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
It is recommended that the Town Council approve the release of the Maintenance Bonds for various improvements required for Tracts 18917-1 and 18197-4 and 18197, and modify the Maintenance Bond for the recently constructed landscaping improvements on Tussing Ranch Road from $150,000 to $26,123.
BACKGROUND
On April 9, 2024, the Town Council accepted the water, sewer and street improvements as complete, and approved the standard 50% reduction of the improvement securities to be retained for one year as a maintenance bond. The improvements were listed as follows:
Tract 18917-1
Landscaping Improvements $300,000 $150,000
Tract 18917-4
Water System $270,610 $135,305
Sewer System $195,425 $97,713
Tract 18917
Streets/Storm Drains $570,510 $285,255
David Hutchins, representing Pulte Homes, Solara Apple Valley, requests that these maintenance bonds for the water, sewer, and storm drains be release. He indicated that these improvements have been constructed and been in operation and maintained for several years which exceeds the standard 1-year warranty period after contruction.
He is also requesting that the Landscape improvement bond that was originally $300,000 and reduced to $150,000 last month, be modified to reflect the actual cost of landscape improvements. The original $300,000 was a rough estimate to landcape Tussing Ranch Road west of Apple Valley Road. This estimate was established years before the actual landscape plan was approved and the improvements were constructed. Per Mr. Hutchins’ email, attached, the actual landscaping costs was $52,246.
Staff recommends that the landscaping security bond which was reduced to 50% or $150,000 for the maintenance/warranty bond be updated based on actual costs. It is recommended that the Town retain a maintenance bond for the Tussing Ranch Road landscaping for $26,123, half of the actual cost to install landscaping improvements.
FISCAL IMPACT
There is no Fiscal Impact to the Town when reducing/releasing subdivision improvement bonds.
ATTACHMENTS
Email request from David Hutchins
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Supervisor Housing and Community Development
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Award a contract to Diamond Construction for the Residential Rehabilitation Loan Program, applicant H24-04 subject to “Aproval as to Form” by the Town Attorney, and “Approval as to Content” by the Town Manager.
BACKGROUND
Apple Valley administers grant funds allocated by the U.S. Department of Housing and Urban Development and the Office of Community Planning and Development toward the Residential Rehabilitation Loan Program (RRLP) to assist low-moderate-income households with health, safety, ADA improvements, deferred maintenance, and to preserve the integrity and quality of the housing stock within the Town. To comply with federal regulations, the Town must address all health and safety deficiencies and meet Housing Quality Standards.
Applicant Case No. H24-04 applied for the Residential Rehabiliation Loan Program (RRLP) on November 7, 2023, and was administratively approved on January 22, 2024.
In accordance with program regulations, a procurement process is required, and a job walk was conducted on April 24, 2024, with two (2) qualified contractors present.
On May 1, 2024, staff received two (2) complete bids. The bid results were as follows:
Contractor Base Bid Price
1. Diamond Construction $46,400.00
2. Sicilianos Construction $53,505.00
Once awarded, the contractor will be responsible for providing the necessary permits, labor, equipment, and materials to complete the project as detailed in the work write-up
and as agreed upon in the excecuted contract. Project shall be completed within 60 working days.
Enviromental Review- A required Enviromental Review was completed and determined to be Categorically Excluded Subject to Section 58.5 pursuant to CFR 58.35(a). Based on the age and condition of the property, asbestos and mold testing was conducted.
ANALYSIS
The work write-up which contains the scope of work was prepared by Charles Abbott and Associates (CAA). Staff reviewed the submitted bid submissions for completeness and considers Diamond Construction to be the lowest, qualified, responsible, and responsive bidder.
The Town offers Residential Rehabilitation Loans of up to $75,000. In order to meet the Housing Quality Standards requirement, under the HOME program, a contingency of $13,600 will be set aside in the event that unforeseen circumstances arise. The loan amount may increase by the contingency amount resulting in an increase to the overall loan amount. The final loan amount will be determined at the end of the project and after all Building and Safety inspections have been completed.
FISCAL IMPACT
Funding for this project has been appropriated in the 2023-2024 program year budget using the HOME Investment Partnership Program.
ATTACHMENTS
1. Owner-Occupied Housing Rehabilitation Program Construction Contract
1 of 7
TOWN OF APPLE VALLEY
OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM
CONSTRUCTION CONTRACT
This Contract is made and entered into by and between:
H24-04 Diamond Construction
Owner Contractor
H24-04 19040 Mather Ave.
Property Address Contractor Address
Apple Valley, CA 92307 Hesperia, CA 92345
City, State and Zip Code City, State and Zip Code
11 day of June 2024
1. General Scope of Work. Contractor shall furnish all necessary labor, tools, materials, fixtures, and equipment and complete the work concerning the property located at H24-04, Apple Valley, CA 92307 in accordance with the work write-up with bid prices referenced as Attachment “A” (00 pages) of this Contract. Owner agrees to the scope of work identified in Attachment “A” and agrees that all loan funds received from the Town of Apple Valley (“Town”) shall be used solely for the purpose of completing items identified in Attachment “A”. Change Orders will not be accepted without prior written approval from Town Staff.
2. Payment of CDBG and HOME Funds. The Contractor shall be paid, for performance, the total sum of FortySix Thousand, Four Hundred and 00/100 Dollars ($46,400.00). A maximum of three progress payments will be made that will include any amounts due under the Contract. Contractor's final request, which includes the 5% retention, and remaining contract amount must include a signed building inspection card, if a permit was required, and signed labor and materials' lien releases. The contractor agrees that the work shall be completed free from any and all liens and claims of artisans, materials, suppliers, subcontractors, laborers and any other party. Once the Contractor submits final inspection request, the Construction Manager will schedule a final inspection to ensure the work has been completed per the Scope of Work and meets all applicable Building Codes. The Construction Disbursement Form will be signed by the Construction Manager, Project Mangers, Contractor, Homeowner(s) and Program Director. All payments are subject to a “Net 30” payment window.
3. Time of Completion of the Project. No work shall be commenced by the Contractor until they have received a written Notice to Proceed from the Town, which shall be issued within 10 days after execution of this Contract. Owner shall have the job site ready for commencement of construction. Contractor shall commence work within ten (10) days after a receipt of a Notice to Proceed and shall complete the same within 60 working days after commencement, subject to permissible delays as described in part 14 hereof.
The projected final completion date is: TBD
4. Contractor's License. Contractor hereby affirms that he/she is ready, willing and able to perform the work required and will maintain in full force and effect, throughout the term of this Contract hereof, a State Contractor's License pursuant to the California Business and Professions Code. Neither the Town nor any of its representatives nor the Owner shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth.
2 of 7
Contractor shall perform all services required herein as an independent contractor and shall remain at all times as to Town a wholly independent contractor with such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Town or Owner
5. Site Examination. Contractor hereby affirms that he/she has visited the Project site and examined for himself/herself the nature of all existing conditions. Contractor agrees to furnish all labor and materials necessary to prepare the site for execution of this Agreement.
6. Plans, Specifications and Permits. The Project will be constructed according to the Work Write-Up that was examined by Contractor prior to submitting a bid thereon and approved by Owner. Contractor shall obtain and pay for all building permits and licenses required to complete the work. Any drawings or sketches which may be attached to or furnished with the Work Write- Up are intended to clarify or further describe the job.
Because of the nature of work being done, some details of sketches or drawings may be “typical” and grades, dimensions and exact existing conditions may need to be verified at the job site. Unless specifically noted, all construction methods and materials used shall conform to the requirements of the Uniform Building Code as adopted by the Town. Any work done by the Contractor that is not in conformity with the Work Write-Up or applicable building codes shall be immediately repaired by Contractor, including the cost of labor, material and supplies prior to final payment.
7. Construction Inspections. Town shall be permitted to inspect work performed by Contractor to ensure that the work is performed in accordance with the provisions of this Agreement and applicable general and local law and codes. Town shall be permitted at all reasonable times to inspect and review all relevant data and records of Contractor. Contractor agrees to retain and provide to Town, access to any books, documents, papers and records for audit or examination for a minimum of three (3) years after final payment and all other pending matters relative to the performance of this Agreement are closed.
8. Workmanship. Compliance with the work write-up and all applicable building codes and regulations regarding materials, methods and assembly will not, in itself, assure acceptance of the construction. Of equal importance is good workmanship, the lack of which shall be sufficient cause to refuse acceptance of the construction. The Contractor warrants that all materials, fixtures and equipment furnished by the Contractor shall be new, of good quality, and of good title, and that the work shall be done in a neat and workmanlike manner. All manufacturers’ and suppliers’ written guarantees and warranties covering materials and equipment furnished under the Contract shall be delivered to the Owner(s) and Project Manager. The Contractor shall warrant all work and promptly remedy any defect in the work and shall pay for any damage to other work resulting therefrom, which may appear within a period of one year from the date of final acceptance of the work. The Owner(s) shall give notice of observed defects with reasonable promptness.
9. Lead Based Paint. The Contractor agrees not to use lead-based paint in the Contractor’s performance of this Contract. “Lead-based paint” means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight; per 24 CFR 35.86
10. Labor, Materials and Bonds. Contractor shall pay all charges for labor and materials incurred by Contractor and used in the construction of the project. Should Contractor fail to make the payments required, payments may be made on the behalf of Contractor and such amount shall be deducted from the total Contractor amount.
11. Changes to Contract. Owner may not require a contractor to perform extra or Change Order work without providing written authorization prior to the commencement of any work covered by the Change Order. In the event a change is required in the scope of work to be done, the Contractor shall prepare a change order indicating the change for addition, deletion, or deviation from the original construction contract. Said change order shall be signed by the Contractor and be approved in writing by the Owner and the Town before Contractor proceeds with the work. Contractor's failure to comply with requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment. Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new Change Order. The order must describe the scope of
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the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments, and the completion date.
12. Clean-up. Upon completion of each day's work, Contractor will remove debris and surplus material and leave the premises in a neat and clean condition.
13. Incorporated Documents to be Considered Complementary. The aforesaid Work Write-Up is incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, attached hereto, together with this written Agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written Agreement, the provisions of this written Agreement shall control.
14. Protection of Work and Equipment. Contractor shall, at all times, provide protection against weather, rain, wind, storms and heat so as to maintain all work, materials, apparatus and fixtures free from injury or damage. At the end of each day's work, all new work or existing improvements exposed and likely to be damaged shall be protected and the premises shall be secured. Any work damaged by failure to provide protection as required above shall be replaced with new work at Contractor's expense. It shall be the responsibility of the Owner to remove all personal property from the work area and to otherwise make the premises available to Contractor to perform the work described herein. IN THE EVENT THAT THE WORK WILL RENDER OWNER’S BATHROOM FACILITIES, INCLUDING TOILET, BATHTUB/SHOWER OR
WASH BASIN OR KITCHEN FACILITIES, INCLUDING SINK, REFRIGERATOR AND RANGE INOPERATIVE OR OTHERWISE UNAVAILABLE FOR A PERIOD EXCEEDING 24 HOURS, CONTRACTOR SHALL PROVIDE TEMPORARY FACILITIES ON THE PREMISES FOR USE BY OWNER.
15. Work Days. Any day of a normal workweek, Monday through Friday, except legal holidays.
16. Delays. The Owner and Contractor agree that the period of the contract may be extended, by mutual Contract, for good cause. Extensions shall be in writing, shall reference this Contract, shall be signed and dated by the Parties hereto, with a copy provided to the Housing Department Staff. Contractor will not be held responsible for failure to complete said work within the specified time if delay is due to strikes, conscription of property, government priority regulations, inclement weather conditions, Acts of God, capricious or unreasonable acts or omissions or noncompliance of Owner, or any other causes beyond his/her control. The Final Completion Date may be extended for delays caused by acts of God, acts of Owner or for any additional work requiring additional time, but only to the extent such additional time is set forth in writing.
17. Owner Responsibilities. During the time for performance for work under this contract, Owner shall not have other Contractors or workers on the premises without written permission of the Contractor. This restriction shall not apply if Contractor is in default under this Contract. While this contract is in force, Owner shall permit Contractor to use existing utilities such as light, heat, power and water to carry out and complete the work, and shall completely cooperate with Contractor to facilitate the performance of the work, including the removal and replacement of rugs, draperies, coverings, furniture, etc., as necessary. Contractor shall provide additional receptacles for trash and debris removal, based upon expected need at no additional cost to Owner.
18. Whole or Partial Destruction of Property. If the work provided for should, before completion, be wholly or partially destroyed by fire, defective soil, earthquake, or Acts of God, which Contractor could not have reasonably foreseen and provided against, then the loss so occasioned shall be sustained by Owner, provided, however, that any damage or destruction to Owner’s real or personal property caused by Contractor or his or her agents during construction shall be repaired and/or paid for by Contractor prior to final payment. In the event of whole or partial destruction of work provided, the Owner shall have the right to determine whether to complete construction. In the event Owner elects not to complete construction, the Contractor shall be provided payment for the work performed to the date of notification to Contractor to cease construction.
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19. Contractor Default. Should the Contractor, at any time during the progress of the work, refuse or neglect, without fault of the Owner, to supply sufficient materials or workers to complete the work hereunder within the time specified (due allowances being made for the contingencies provided for), Owner shall have the right to declare the Contractor in default. In such event, the Owner shall be responsible for providing written notice to the Contractor and a copy to the Town by registered mail of such default. If the Contractor fails to remedy such default within fifteen (15) days of mailing such notice, the Owner shall have the right to select one or more substitute contractors acceptable to the Town to finish the work. Per 2 CFR 200, the Town will review the findings by which, the Owner has identified and declared the Contractor to be in default of the Contract. The Town will provide a written release to the Contractor releasing them of their contractual obligation. The Contractor shall be paid for all work satisfactory performed in accordance with this contract prior to termination. If the expense of finishing the work exceeds the balance not yet paid to the Contractor on this Contract, the Contractor shall pay the difference to the Town within ten (10) days after Town mails by registered mail a written request for payment to the Contractor. The Town may use all or any portion of the remaining balance including retention amount to compensate substitute contractors selected pursuant to this paragraph, and the Contractor shall have the right to object to this determination by the Town.
20. Termination of Convenience. This agreement may be terminated by either party with or without cause, upon thirty (30) days written notice to the other party. A copy of the notice shall be submitted to the Town within 24 hours of notification to the other party. All work shall cease at the conclusion of the notice period and Contractor shall be paid for all work satisfactorily performed in accordance with this contract prior to termination.
21. Insurance. Contractor warrants that Contractor has obtained all insurance required. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the subcontractor has been obtained. Contractor agrees to maintain and provide evidence of the following policies of insurance at all times during the life of this contract:
a. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to employees and provide certification that the contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code; Contractor to comply with such provisions before commencing the performance of work of this contract. b. Comprehensive General Liability. Every contractor shall secure a comprehensive general liability policy with a minimum of five-hundred thousand dollar ($500,000) per occurrence combined single limit coverage which includes bodily injury, property damage, and contract liability. Such insurance shall be primary and non-contributing and shall apply separately to each insured against who a claim is made or suit is brought, except with respect to the insurance company’s standard limits of liability.
Each such policy of insurance provided for shall be issued by an insurance company, which is qualified to do business in the State of California.
The Contractor agrees to provide evidence to the Owner of such insurance prior to the commencement of work.
22. Contractor's Liability. Owner shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees or Contractor or subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of Owner or independent contractors who are directly responsible for the same, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees
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incurred in connection therewith.
b. Contractor shall not assert a claim against the Town, its officers, agents or employees arising out of any act or omission of the aforementioned, in the execution or performance of any contract pursuant to the Town’s Rehabilitation Program.
c. Contractor shall require each subcontractor to agree in his/ her contract for services not to make any claim against the Town, its officers, agents or employees. d. Nothing in any Contract executed pursuant to the Town’s Rehabilitation Program in which the Owner and Contractor are parties shall be construed to give any person other than Owner and Contractor any legal or equitable rights, remedies, or claims.
b. Contractor will promptly pay any judgment rendered against Contractor covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder, and Contractor agrees to save and hold Owner and the Town of Apple Valley harmless therefrom.
c. In the event Owner, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of Contractor hereunder, Contractor agrees to pay to Owner all costs and expenses incurred by Owner in such action or proceeding together with reasonable attorneys' fees.
23. Assignment or Delegation of Contract. Contractor shall not assign any right under this contract except upon prior written authorization of the Owner and Town. Any request for assignment must be addressed to the Owner and Town for their approval before consent is given. Contractor shall not make any delegation of authority or responsibility which would in any way purport to relieve him/her of any obligation imposed by this contract.
24. Good Faith Resolution of Disputes. Any disagreement arising out of this contract or any alleged breach hereof shall be submitted to an arbitration service for resolution. Thereafter an action may be instituted at law or in equity to enforce the terms hereof.
25. Non-Discrimination. Contractor and its Subcontractors shall comply with provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7258.0 et seq.) by not unlawfully discriminating against any employee or applicant for employment because of the following: race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or sex. During the performance of this Contract, the Contractor assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this Contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, and all implementing regulations. All Contractors and Subcontractors are required to comply with Section 504 of the Federal Rehabilitation Act of 1973 that prohibits discrimination against qualified individuals with disabilities. Individuals with disabilities are defined as persons with a physical or mental impairment which substantially limits one or more major life activities. Refer to The Federal Rehabilitation Act of 1973 for a list of qualified individuals.
26. Contract Work Hours and Safety Standards Act. All Contractors and Subcontractors who are awarded contracts in excess of $2,000 shall comply with the requirements of the Contract Work Hours Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (20 CFR Part 5) which requires that workers receive "overtime" compensation at a rate of one and one-half times their regular hourly wage after they have worked eight hours in one day or 40 hours in one week.
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27. Liquidated Damages. In the event Contractor fails to complete the project pursuant to this contract on or before the Final Completion Date (together with permissible delays), Contractor shall pay to Owner, as liquidated damages and not as a penalty, the sum of $ 100.00 per day for each day that Contractor is in default which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation to Owner for the foreseeable losses that may result from such delay in completion and due to the difficulty which would otherwise occur in establishing actual damages resulting from such delays in completion.
28. Notices. Any notices, requests or approvals given under this Contract may be personally delivered or deposited with the United States Postal Services for mailing, postage prepaid, registered or certified mail, return receipt requested to the following addresses:
To Owner(s): H24-04 To Town: Town of Apple Valley
H24-04 14955 Dale Evans Parkway
Apple Valley, CA 92307 Apple Valley, CA 92307
Attn: Silvia Urenda
To
Contractor:
Diamond Construction
19040 Mather St.
Hesperia, CA 92345
29. Modifications. No modification, rescission, waiver, release or amendment or any provision of this contract shall be made except by a written contract executed by both Owner or Contractor, and approved by the Town of Apple Valley Community Development Staff, or designee.
30. Contractor and Owner Understanding. Contractor and Owner hereby acknowledge that they have read this contract and further acknowledge that time has been allowed for them to consult an attorney of their choosing. Owner and Contractor acknowledge that this Agreement affects their legal rights and that they have read and understand its provisions. The Owner and Contractor agree that they are the sole Parties to this Contract and are solely responsible for its performance. The Parties agree that neither the Town nor its agents, officers or employees assume any liability or responsibility whatsoever arising out of this Contract.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three (3) original copies on the day and year first above written (Copy to Owner, Copy to Contractor, Copy to Program Manager). "CONTRACTOR"
State of California Contractor's License Number: #655905 Contractor's Business Phone Number: 760-963-6114
By:
Diamond Construction
Michelle Horton-Owner
OWNER TOWN OF APPLE VALLEY
By: By:
Owner’s Signature: Scot Nassif,
Mayor
By:
Owner’s Signature:
ATTEST:
La Vonda M. Pearson, Town Clerk
APPROVED AS TO CONTENT:
Douglas B. Robertson, Town Manager
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
Thomas Rice, Town Attorney
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR APPLE VALLEY ROAD BUS
TURNOUT - PROJECT NO. 2023-03
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council:
A. Accept the work completed as part of the Apple Valley Road Bus Turnout - Project No. 2023-03 for a total contract cost of $100,511.00.
B. Direct the Town Clerk to file the Notice of Completion for the contract work.
C. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
BACKGROUND
On March 26, 2024, the Town Council awarded the construction of the Apple Valley Road Bus Turnout to CT&T Concrete Paving, Inc. Construction work started on April 10, 2024 and was completed on April 25, 2024.
The work completed includes necessary labor, equipment, transportation, and materials to construct a concrete transit bus pad, concrete curb, concrete sidewalk, relocate existing bus shelter, and associated work in accordance with the project plans, standard specifications, special provisions, and as directed by the Town Engineer.
ANALYSIS
Engineering Department staff inspected the project areas and deemed the work to be complete and acceptable.
FISCAL IMPACT
Funding for this project was appropriated in the adopted budget of the Transportation Development Act Fund number 2015.
ATTACHMENTS
A. Project Location
B. Notice of Completion
A - PROJECT LOCATION
Recording Requested by:
Town of Apple Valley
When Recorded mail to:
Town of Apple Valley
Town Clerk’s Office
14955 Dale Evans Parkway
Apple Valley, CA 92307
FOR RECORDER’S USE ONLY
Notice of Completion
This document is recorded at the request of and for the benefit of the Town of Apple valley, California, and is therefore exempt from the payment of the recording fee pursuant to Government Code Section 27383 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation code 11922.
NOTICE IS HEREBY GIVEN, that:
1. The undersigned, Mike P. Podegracz, is the duly appointed and qualified Town Engineer of the Town of Apple Valley, a municipal corporation of the State of California, and which is located within the County of San Bernardino, in said State, and the address of the undersigned is 14955 Dale Evans Parkway, Apple Valley, California 92307.
2. That on the 26th day of March, 2024, and pursuant to approval of the Town Council of the said Town, the Town entered into a contract with CT&T Concrete Paving Inc., 324 S. Diamond Bar Blvd., PMB 275,Diamond Bar, CA 92335 for the construction of the Apple Valley Road Bus Turnout - Project No. 2023-03, in the Town of Apple Valley in accordance with the Town of Apple Valley's Plans and Specifications.
3. That all of the said work or improvement was located on the west side of Apple Valley Road, north of State Route 18, APNs unknown, within the Town of Apple Valley.
4. That all of the said work or improvement contemplated in and under said contract was completed, and accepted by Council action, on May 28, 2024.
5. That the Surety on the Performance Bond of said Contractor and the surety on the Labor and Material Bond of said Contractor, under said contract, was and is $100,343.00.
6. Owners - Town of Apple Valley.
7. Nature of Interest – In fee/easement.
The undersigned, being the first duly sworn, says: That he is the duly appointed and qualified Town Engineer of the Town of Apple Valley, the political subdivision of the state of California which conducted the proceedings for the improvement located at 14955 Dale Evans Parkway, in said Town, described or referred to in the foregoing Notice; and that he has read the foregoing "Notice of Completion;" and knows the contents thereof, and that the facts recited therein are true.
I certify under penalty of perjury the foregoing is true and correct.
Apple Valley, California June 11, 2024
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
TOWN OF APPLE VALLEY )ss.
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: APPROVE AGREEMENT OF PURCHASE AND SALE OF APN 3087- 501-01 AND APN 3087-502-81
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
It is recommended that the Town Council approve the Agreement of Purchase and Sale and joint Escrow Instructions for Assessor Parcel Nos 3087-501-01 and 3087-502-81, subject to approval as to form by the Town Attorney and as to content by the Town Manager, and find the Agreement exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines sections 15325 (Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions) and 15061(b)(3) (Common Sense Exemption)
BACKGROUND
The Town’s Master Plan of Drainage (Plan) identifies major and minor watershed areas throughout the Town and the associated drainage facilities that would be required to convey the anticipated storm flows from major storm events. One of the major watershed areas begins in the unincorporated area of the Town Apple Valley at Juniper Street and Round Up Way. Storm flows travel in a northeasterly direction to the Apple Valley Dry Lake along a path identified in the Plan as the S-01 line. This drainage path crosses Highway 18 in the vicinity of Tonikan Road and the Plan identified an estimated 100-year storm event of approximately 8,000 cubic feet per second. This equates to the volume of water of approximately five and one half Olympic sized swimming pools every minute.
In November of 2023, the property owners of Assessor Parcel Nos 3087-501-01 and 3087-502-81, contacted the Town regarding the development of these vacant properties.
The two parcels are located adjacent to the S-01 line. Staff met with the property owners to discuss development issues with this property and its storm flows and drainage. Town staff and the property owners negotiated a purchase for the Council’s consideration.
ANALYSIS
The purchase will include two properties that total approximately 11.48 acres or just over 500,000 square feet. The purpose of this purchase is to preserve this open space from encroachment of development into the S-01 line and prevent any additional risk to the public or property damage from these storm flows. The Town will partner with the San Bernardino County Flood Control District to prepare an update to the Master Plan of Drainage which would analyze current flow conditions in the S-01 line, and provide recommendations for the size and location of a possible future detention basin within these properties.
ENVIRONMENTAL ANALYSIS
The purchase of the two properties is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15325 (Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions) (“Class 25”). A Class 25 exemption consists, in part, of the acquisition of land in order to preserve open spaces from encroachment of development into flood plains. Here, the two properties are located adjacent to the S-01 line, a known drainage path that carries stormwater onto these properties. The acquisition of these properties would preserve this open space from encroachment of development into this flood plain and thus prevent any additional risk to the public or property damage from the S-01 storm flows. The Town has also determined that the purchase of these two properties is not subject to any exception set forth in State CEQA Guidelines section 15300.2.
Further, as this acquisition of real property does not involve any new construction or change in the existing uses, and it can be seen with certainty that there is no possibility that it may have a significant effect on the environment, it is also exempt from CEQA pursuant to the “common sense” exemption in State CEQA Guidelines 15061(b)(3). If a development project is proposed on any of the parcels included in this acquisition in the future, the individual project would be subject to environmental review under CEQA once the scope of the project has been identified.
FISCAL IMPACT
Funding in the amount of $260,000 in Drainage Impact Fee funds to cover the acquisition of the properties has been included in the Fiscal Year 2024-25 Budget. Funding for the study, design and construction of the proposed detention facilities would be included in future Town fiscal year budgets for the Council’s consideration.
ATTACHMENTS
A. Location Map
B. Agreement of Purchase and Sale
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AGREEMENT OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
Escrow Junction, Inc. Escrow No: ______________
12600 Hesperia Road, Suite C
Victorville, CA 92395
760-245-1966 Title Order No: ___________
Diane Welch
[email protected] (“Escrow Holder”)
This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS (“Agreement”) is entered into by and between the Town of Apple Valley, a California municipal corporation (“Buyer”), and Equity Trust Company Custodian fbo Christopher J. Connors, IRA, as to an undivided 50% interest and Equity Trust Company Custodian FBO Mark A.J. Rowling, IRA, as to an undivided 50% interest (collectively referred to herein as the “Seller”). Buyer and Seller are sometimes individually referred to herein as “Party” and collectively as “Parties.” The Parties hereto have executed this Agreement on the dates set forth below next to their respective signatures. This Agreement shall be effective as of the date, following all legally required notices and hearings, this Agreement has been approved by Buyer’s governing body or its delegated representative and signed by all Parties (“Effective Date”).
RECITALS
A. Seller is the owner in fee of property in Apple Valley, California designated as San Bernardino County Assessor Parcel Nos. 3087-501-01 and 3087-502-81 (“Property”), which lies south of Nisqually Road and east of Navajo Road.
B. Buyer desires to purchase a fee simple estate of the Property from Seller. The Property Buyer desires to buy from Seller includes a total of approximately 11.48 acres, or 500,069 square feet. A depiction of the property (Plat Map) is attached hereto as Exhibit “A” and a copy of the legal description is attached hereto as Exhibit “B”.
C. Buyer is a public entity that desires to purchase the Property from Seller for present use as a natural drainage retention/detention/channel use and for possible future drainage retention/detention/channel improvements which are located on the Town of Apple Valley Master Plan of Drainage S-01 Line (“Project”). Seller desires to sell the Property to Buyer, upon the terms and provisions set forth herein.
NOW, THEREFORE, in consideration of the above facts and for the covenants and agreements contained herein, the Parties hereto agree as follows:
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TERMS
1. PURCHASE AND SALE.
1.1 Property. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon the terms and conditions set forth herein.
1.2 Purchase Price. The total purchase price for the Property is TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) (“Purchase Price”), which includes, without limitation, full payment of just compensation, interest in complete settlement of all claims (known and unknown), causes of action and demands of Seller against the Buyer because of Buyer’s purchase of the Property, and for any and all claims (known and unknown) arising from or relating to the purchase and sale which is the subject of this Agreement.
1.3 Payment of Purchase Price. At Close of Escrow (defined below), Buyer shall pay the Purchase Price to Seller through escrow in cash, by cashier’s or certified check or by wire transfer.
1.4 Attorney’s Fees. Each Party shall be responsible for payment of its own attorney’s fees and expenses with respect to negotiation and preparation of this Agreement and processing of the Escrow. In the event any action is brought to enforce or interpret any of the provisions of this Agreement, the prevailing Party in such action or proceeding, shall be entitled to have and recover its reasonable attorney’s fees, costs and expenses.
2. RIGHT OF ENTRY.
2.1 Seller hereby grants permission to Buyer and its agents, employees, assigns and contractors the right to enter onto the Property commencing the Effective Date of this Agreement, prior to the close of escrow, for the purposes described in Recital C above. Pursuant to this Paragraph, Buyer shall indemnify, demand and hold the Seller harmless from and against any damages, liabilities, judgments, claims, expenses and penalties resulting from the Buyer’s use of this clause as well as its agents, employees, assigns and contractors.
2.2 Determination of Suitability. Buyer is acquiring the Property for the purposes described in Recital C above. Buyer’s obligation to purchase the Property is subject to Buyer’s determination, in its sole discretion, that the Property is suitable for such use. Buyer’s election to close Escrow and acquire title to the Property will constitute and be evidence of Buyer’s determination regarding the suitability of the Property for such purposes. In the event Buyer determines that the Property is not suitable for such purposes, Buyer may terminate this Agreement as provided in Section 7.1 below.
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3. ESCROW.
3.1 Opening of Escrow. Within three (3) business days following the date upon which this Agreement is executed by the final party executing the same (“Effective Date”), Seller and Buyer shall open an escrow (“Escrow”) for the conveyance of the Property with Escrow Junction, Inc. (“Escrow Holder”). Escrow shall be deemed open on the date Escrow Holder shall have received a copy of this Agreement, fully executed by the Parties (“Opening of Escrow”).
Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened (“Opening Date”).
3.2 Escrow Instructions. This Agreement constitutes the joint instructions of Buyer and Seller to Escrow Holder for the conveyance of the Property. Buyer and Seller shall execute, deliver and be bound by any reasonable or customary supplemental or additional escrow instructions (“Additional Instructions”) of Escrow Holder or other instruments as may be reasonably required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. In the event of any conflict or any inconsistency between this Agreement and such Additional Instructions, this Agreement shall govern unless otherwise specifically agreed to in writing by the Parties.
3.3 Close of Escrow. Recordation of the Grant Deed conveying title to the Property from Seller to Buyer (“Grant Deed” – in substantially the same form attached hereto as Exhibit “C”) and disbursement of funds and distribution of other documents by Escrow Holder as described herein shall constitute “Close of Escrow” or “Closing” and the date thereof shall be the “Closing Date.” Close of Escrow shall occur fifteen (15) days following the Opening of Escrow.
Buyer and Seller may agree to change the Closing Date by joint written notice to Escrow Holder.
Closing shall be conditioned upon satisfaction, or waiver by the Party for whose benefit the condition exists, of all conditions precedent thereto.
3.4 Costs of Escrow. Buyer shall pay all costs of the Title Policy (defined below), and all Escrow fees and normal closing costs attributable to the conveyance of the Property (collectively “Closing Costs”). Due to Buyer’s status as a public agency, no recording fees will be payable (pursuant to Government Code Section 27383) and no documentary transfer tax will be payable (pursuant to Revenue & Taxation Code Section 11922). Escrow Holder shall provide an estimated closing statement to Buyer and Seller at least three (3) days prior to the Closing Date.
Subject to Section 1.4 above, each Party shall be responsible for payment of its own attorneys’ fees with respect to the negotiation and preparation of this Agreement
3.5 Property Taxes and Assessments. Buyer is a public agency and is exempt from payment of real property taxes. Prior to Close of Escrow, Escrow Holder and the Title Company will confirm with San Bernardino County that no escaped assessments or other property tax liabilities of any type affect the Property. In the event any such liabilities do exist, Seller authorizes the satisfaction of such liabilities from funds otherwise payable to Seller at Close of Escrow. Following Close of Escrow, if, notwithstanding the above provisions, Buyer or the Property become subject to any real property tax liability for a period prior to Close of Escrow, Seller will satisfy such obligation to the taxing authority within thirty (30) days following notification of such liability from Buyer or the taxing authority. If Seller defaults in such obligation and Buyer elects to pay any such tax liability, Seller will reimburse such costs to Buyer
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within thirty (30) days following receipt of a written demand therefor from Buyer, together with interest on such amount from the date of payment by Buyer at the highest legal rate.
3.6 Buyer’s Conditions Precedent to Close of Escrow. Close of Escrow and Buyer’s obligation to accept title to the Property and pay the Purchase Price are subject to the satisfaction of the following conditions for Buyer’s benefit (or Buyer’s written waiver thereof), on or prior to the Closing Date:
3.6.1 Ratification of this Agreement by Buyer’s governing body and confirmation by Buyer’s Planning Commission that the purchase is in conformity with Buyer’s General Plan.
3.6.2 Seller shall have tendered into Escrow all payments and documents required of it pursuant to this Agreement.
3.6.3 Seller shall have completed in a timely manner all of its obligations that are to be completed prior to the Close of Escrow as provided in this Agreement.
3.6.4 Escrow Holder shall have received an irrevocable commitment from the Title Company to issue the Title Policy (defined below), subject only to the Permitted Exceptions, as described in Section 3.2 below.
3.6.5 All representations and warranties of Seller shall be true as of the Effective Date and as of Close of Escrow.
3.6.6 All property taxes and assessments attributable to the Property shall have been paid by Seller before delinquency (or paid at Closing) and shall be current as of Close of Escrow.
3.6.7 Buyer shall have approved Escrow Holder’s estimated closing statement.
3.7 Seller’s Conditions Precedent to Close of Escrow. Close of Escrow and Seller’s obligation to convey the Property are subject to the satisfaction of the following conditions for Seller’s benefit (or Seller’s written waiver thereof) on or prior to the Closing Date:
3.7.1 Buyer shall have tendered into Escrow all payments and documents required of it pursuant to this Agreement.
3.7.2 Buyer shall have completed in a timely manner all of its obligations which are to be completed prior to the Close of Escrow as provided in this Agreement.
3.7.3 All representations and warranties of Buyer shall be true as of the Close of Escrow.
3.7.4 Seller shall have approved Escrow Holder’s estimated closing statement.
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3.8 Buyer’s Payments and Documents. Not less than one (1) business day prior to Closing, Buyer shall pay or tender (as applicable) to Escrow Holder the following funds and documents (in recordable form, as necessary):
3.8.1 The Purchase Price;
3.8.2 Funds required to pay the Closing Costs payable by Buyer pursuant to Section 2.4 herein;
3.8.3 A Certificate of Acceptance (attached hereto as Exhibit “D”), accepting Grant Deed and consenting to recording of same (“Certificate of Acceptance”) in the same form as that attached to the Grant Deed;
3.8.4 Preliminary Change of Ownership and Documentary Transfer Tax Affidavit forms; and
3.8.5 Such other documents and funds as may be required of Buyer under this Agreement and by Escrow Holder in the performance of its contractual or statutory obligations.
3.9 Seller’s Payments and Documents. Not less than one (1) business day prior to Closing, Seller shall pay or tender (as applicable) to Escrow Holder the following funds (which amounts may be offset against funds otherwise payable to Seller through Escrow) and documents (in recordable form, as necessary):
3.9.1 Funds required to pay any sales or brokerage commissions and finder’s fees payable by Seller, with respect to the transaction which is the subject of this Agreement;
3.9.2 Real property taxes and assessments, as described in Section 3.5 above;
3.9.3 The fully-executed and acknowledged Grant Deed;
3.9.4 FIRPTA Certificate and California Form 593-C, using forms to be provided by Escrow Holder; and
3.9.5 Such other documents and funds required of Seller under this Agreement and by Escrow Holder in the performance of its contractual or statutory obligations.
3.10 Escrow Holder Responsibilities. Upon the Closing, Escrow Holder is authorized and instructed to:
3.10.1 Cause the satisfaction and removal of all exceptions to title to the Property representing monetary liens or encumbrances from funds otherwise payable to Seller at Close of Escrow, including, without limitation, property taxes and assessments. Before such payments or charges are made, Escrow Holder shall notify Seller of the sums necessary to satisfy and remove such monetary liens or encumbrances.
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3.10.2 Pay and charge Buyer and Seller, respectively, for any fees, charges and costs payable under this Agreement, including, but not limited to, Sections 3.8 and 3.9 herein.
Before such payments or charges are made, Escrow Holder shall notify Buyer and Seller of the fees, charges and costs necessary to clear title and close the Escrow.
3.10.3 Record the Grant Deed, with Certificate of Acceptance attached thereto, and any other instruments, as appropriate, delivered through Escrow.
3.10.4 Disburse such other funds and deliver such other documents to the Parties entitled thereto.
3.10.5 Cause the Title Policy to be issued.
3.11 Notices. All communications from Escrow Holder to either Buyer or Seller shall be directed to the addresses and in the manner established in Section 9.1 herein.
3.12 Electronically Transmitted/Counterpart Documents. In the event Buyer or Seller utilizes electronically transmitted signed documents (e-mail or facsimile), the Parties hereby agree to accept and instruct Escrow Holder to rely upon such documents as if they bore original signatures. Notwithstanding the foregoing, if requested by Escrow Holder, Buyer and Seller hereby acknowledge and agree to provide such documents bearing original signatures to Escrow Holder, within seventy-two (72) hours after such request. Buyer and Seller further acknowledge and agree that electronically transmitted documents bearing non-original signatures will not be accepted for recording and that the Parties will provide originally executed documents to Escrow Holder for such purpose. Escrow Holder is authorized to utilize documents which have been signed by Buyer and Seller in counterparts.
4. TITLE.
4.1 Condition of Title; Title Policy. It is a condition to the Close of Escrow for Buyer’s benefit that a fee title to the Property and the right to possession of the Property conveyed to Buyer pursuant to this Agreement (in the form of the Grant Deed) shall be subject only to the Permitted Exceptions (defined below), as evidenced by the receipt by Escrow Holder of an irrevocable commitment from First American Title Company (“Title Company”) to issue to Buyer upon Close of Escrow its Standard Owner’s Form Policy of Title Insurance (“Title Policy”) with coverage in an amount equal to the Purchase Price. The title officers shall be Todd Enos of First American Title Company, located at 12530 Hesperia Road, Suite 209, Victorville, CA 92395, and can be contacted by telephone at 760-243-4865, and/or e-mail at [email protected] (“Title Officer”). The Parties shall cause the Title Company to issue the Title Policy to Buyer upon Close of Escrow.
4.2 Permitted Exceptions. The term “Permitted Exceptions” as used herein shall mean the following conditions and exceptions to title or possession:
4.2.1 A lien to secure payment of general and special real property taxes and assessments, not delinquent.
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4.2.2 A lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code accruing on or after the Close of Escrow.
4.2.3 Matters affecting the condition of title created by or with the consent of Buyer.
5. NO USE RESTRICTIONS
5.1 Buyer desires to purchase the Property for the Project. Nevertheless, in the event that Buyer’s intended use changes, or if the Project does not go forward, Buyer will be able to use, sell, or transfer the Property for any purpose.
6. “AS IS”/RELEASE.
6.1 “As-Is.” Buyer is, or prior to the Closing Date will be, familiar with the Property and has or will make such independent investigations as it deems necessary or appropriate concerning the use or sale of the Property, including but not limited to (i) any desired investigations or analysis of the economic value of the Property; (ii) the physical condition of the improvements to the Property (“Improvements”); (iii) the use of the Improvements for Buyer's intended purpose; (iv) the size, dimensions, location or topography of the Property; (v) the adequacy of water, sewage or any other utilities serving the Improvements; and (vi) all other matters concerning the use, development or sale of the Property. Except for the representations and warranties of Seller contained in Section 8.1, Buyer is relying solely upon its own inspection, investigation and analysis of the foregoing matters in purchasing the Property. Buyer acknowledges that it is a sophisticated purchaser and is familiar with this type of property and that it is acquiring the Property “AS IS,” without representation by Seller or Seller’s representatives as to any matter except for the representations and warranties of Seller contained in Section 8.1.
6.2 Release. In order to more practically implement the "as-is" nature of the conveyance of the Property, Buyer hereby waives, releases, acquits, and forever discharges Seller, and Seller’s agents, directors, officers, and employees to the maximum extent permitted by law, of and from any and all claims, actions, causes of action, demands, rights, liabilities, damages, losses, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, that now exist or which may arise in the future on account of or in any way growing out of or connected with the Property; including, without limitation, (i) the existence or condition of the Improvements (including any latent defects other than latent defects of which Seller has Actual Knowledge), (ii) the physical and environmental condition of the Property, (iii) the state of title to the Property, (iv) any settlement, slope failure or subsidence of any of the Property or settlement or subsidence of construction thereon, (v) any governmental laws and regulations, including, but not limited to zoning, environmental, asbestos control, hazardous or toxic waste and/or materials and real property use laws and regulations to which the Property may be subject, and (vi) Buyer's contemplated use and/or development of the Property.
6.3 Full Satisfaction. Seller acknowledges that because of Buyer’s status as a public entity, certain claims may be available to Seller in connection with Buyer’s acquisition of the Property. Such claims may include, without limitation, relocation, just compensation, inverse
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condemnation and other benefits and claims (collectively, “Claims”). Seller, on behalf of itself and its heirs, executors, administrators, successors and assigns, acknowledges that Buyer’s performance under this Agreement constitutes full and complete satisfaction of Buyer’s obligations to Seller as with respect to those Claims.
6.4 Waiver of Unknown Claims. Each Party hereto acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542 which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Each Party hereto acknowledges that it understands the effect and import of the provisions of this code section and of a waiver of the provisions of this code section. Effective on the Effective Date, each Party, with this knowledge and understanding, elects to and does waive the provisions of this code section and of any similar case or statutory law of other states that may be applicable, and relinquishes any rights which each may otherwise have thereunder, to the fullest extent permitted by law, and agrees that the releases herein shall remain in full force and effect notwithstanding the discovery or existence of any additional or different facts. Notwithstanding the foregoing, the releases set forth above are not intended to, and shall not, release or discharge (a) any duties, obligations, representations or warranties of Seller by reason of, or arising under, this Agreement or (b) any tortious acts or omissions of Seller in any way related to this Agreement or the Property. Seller is not released from any claims, actions, causes of action, demands, rights, liabilities, damages, losses, costs and expenses proximately caused by Seller’s failure to disclose to Buyer latent defects in the Property of which Seller has Actual Knowledge.
7. TERMINATION, DEFAULTS AND, REMEDIES.
7.1 Exercise of Rights to Terminate. If Buyer elects to exercise its rights to terminate this Agreement and the Escrow as provided in Section 7.3 herein, Buyer may do so by giving written notice of such termination to Seller and Escrow Holder prior to the Close of Escrow.
If Seller elects to exercise its rights to terminate this Agreement and the Escrow as provided in Section 7.2 herein, Seller may do so by giving written notice of such termination to Buyer and Escrow Holder prior to the Close of Escrow. Upon such termination, all other obligations and liabilities of the Parties under this Agreement that do not specifically survive termination shall cease and terminate.
7.2 Buyer’s Breach. If Buyer materially defaults on its obligation to perform under this Agreement and fails to cure such default within a reasonable period of time following written notice from Seller, then Seller, as its sole and exclusive remedy, may terminate this Agreement and the Escrow by written notice to Buyer and Escrow Holder. In such event, Buyer shall pay any termination fees or charges to Escrow Holder and the Title Company (“Termination Costs”)
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7.3 Seller’s Breach. In the event Seller breaches any obligation hereunder which Seller is to perform prior to the Close of Escrow, and fails to cure such breach within a reasonable period of time following written notice from Buyer, Buyer may, at Buyer’s option, (i) terminate this Agreement and the Escrow by giving written notice of such termination to Seller and Escrow Holder and, if desired by Buyer, initiate an action for damages to recover costs incurred by Buyer for attorneys' fees in connection with the negotiation and documentation of this Agreement and third party costs paid by Buyer to conduct its due diligence review, not to exceed the aggregate amount of $10,000; or (ii) initiate an action for specific performance of this Agreement. Should Buyer elect to terminate this Agreement and the Escrow as provided herein, Seller shall pay all Termination Costs.
8. REPRESENTATIONS AND WARRANTIES.
8.1 Seller’s Representations and Warranties. Seller hereby represents and warrants to Buyer that the following statements are true and correct as of the Effective Date, and shall be true and correct as of Close of Escrow, and the truth and accuracy of such statements shall constitute a condition precedent to all of Buyer’s obligations under this Agreement:
8.1.1 Authority. Seller has full power and authority to sell and convey the Property to Buyer and to perform its obligations pursuant to this Agreement. This Agreement and all other documents delivered by Seller to Buyer now or at Close of Escrow have been or will be duly executed and delivered by Seller and are or will be legal, valid and binding obligations of Seller, sufficient to convey title to the Property to Buyer and are enforceable in accordance with their respective terms.
8.1.2 No Unrecorded Possessory Interests; No Agreements or Undertakings. To Seller’s current actual knowledge, there are no agreements for occupancy in effect for the Property and no unrecorded possessory interests or unrecorded agreements that would adversely affect Buyer’s title to or use of the Property. Seller will not enter into any agreements or undertake any obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect the Property without the prior written consent of Buyer, including, without limitation, any agreements for occupancy for the Property.
8.1.3 Hazardous Materials. Seller is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose information to Buyer regarding the environmental status of the Property. Seller warrants to Buyer that the Property and any contiguous real property owned by Seller is not in violation of any federal, state or local statute, regulation or ordinance relating to industrial hygiene or to environmental conditions on, under or about the Property, including, without limitation, soil and groundwater conditions underlying the Property which could affect the Property or its use or development. Neither Seller nor any other person or predecessor in interest has used, generated, manufactured, stored or disposed of on, under or about the Property or transported to or from the Property any “Hazardous Materials” as defined in any state, federal or local statute, ordinances, rules or regulation applicable to the Property, including without limitation any flammable materials, explosives, radioactive materials, hazardous or contaminated materials or substances, toxic or noxious materials, substances or related materials or substances.
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8.1.4 Litigation. Except as disclosed in the Title Report, there are no claims, actions, suits or proceedings continuing, pending or threatened against or affecting Seller or the Property, or involving the validity or enforceability of this Agreement or of any other documents or instruments to be delivered by Seller at Close of Escrow, at law or in equity, or before or by any federal, state, municipal or other governmental department, board, commission, bureau, or instrumentality. Seller is not subject to or in default under any notice, order, writ, injunction, decree or demand of any court or any governmental department, board, commission, bureau, or instrumentality.
8.1.5 No Breach. The execution and delivery of this Agreement and the consummation of the transaction contemplated hereby will not violate or result in any breach of or constitute a default under or conflict with or cause any acceleration of any obligation with respect to any provision or restriction of any lien, lease, agreement, contract, instrument, or any order, judgment, award, decree, statute, regulation or ordinance, or any other restriction of any kind or character to which Seller is a party or by which Seller or the Property are bound.
8.1.6 No Condemnation or Other Proceedings. There is no contemplated condemnation of the Property or any portion thereof by any public entity other than Buyer.
8.2 Buyer’s Representations and Warranties. Buyer hereby represents and warrants to Seller that the following statements are true and correct as of the Effective Date, and shall be true and correct as of Close of Escrow, and the truth and accuracy of such statements shall constitute a condition precedent to all of Buyer’s obligations under this Agreement:
8.2.1 Authorization. Buyer has or, on or before Close of Escrow, will have full power and authority to purchase the Property from Seller and to perform its obligations pursuant to this Agreement. This Agreement and all other documents delivered by Buyer to Seller now or at Close of Escrow have been or will be duly executed and delivered by Buyer and are or will be legal, valid and binding obligations of Buyer, enforceable in accordance with their respective terms.
8.2.2 No Breach. The execution and delivery of this Agreement and the consummation of the transaction contemplated hereby will not violate or result in any breach of or constitute a default under or conflict with or cause any acceleration of any obligation with respect to any provision or restriction of any lien, lease, agreement, contract, instrument, or, any order, judgment, award, decree, statute, regulation or ordinance, or any other restriction of any kind or character to which Buyer is a party or by which Buyer is bound.
8.3 Survival of Representations and Warranties. The covenants, representations and warranties of Seller and Buyer under this Agreement shall be true on and as of the Close of Escrow and shall survive the recordation of the Grant Deed and the Close of Escrow for 90 days after the Close of Escrow. Each Party shall defend, indemnify and hold the other Party harmless from and against any and all claims, liabilities, obligations, losses, damages, costs and expenses, including, without limitation, reasonable attorney’s fees, court costs and litigation expenses, which the indemnified Party may reasonably incur or sustain by reason of or in connection with any misrepresentation made by the indemnifying Party pursuant to this Article 8.
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9. MISCELLANEOUS.
9.1 Notices and Demands. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent. A copy of all notices or other communications shall also be sent via email.
To Buyer: Best Best & Krieger LLP
Attn: Thomas A. Rice
2855 E Guasti Rd, Suite 400
Ontario, CA 91761
909-466-4913
[email protected]
To Seller: Equity Trust Company Custodian FBO
Mark A.J. Rowling, IRA
16235 Crown Valley Drive
Apple Valley CA 92307
760-220-0262
[email protected]
Equity Trust Company Custodian FBO
Christopher J. Connors, IRA
17260 Bear Valley Road, Suite 110
Victorville, CA 92395
877-252-1522 or 760-275-3102
[email protected]
To Escrow Holder: Escrow Junction, Inc.
Attn: Diane Welch, Escrow Officer
12600 Hesperia Road, Suite C.
Victorville, CA 92395
760-245-1966
[email protected]
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9.2 Mutual Indemnification. Buyer agrees to defend, indemnify and hold Seller free and harmless from and against any and all claims, damages and liabilities related to Buyer’s use of the Property and arising from facts and circumstances occurring following Close of Escrow.
Seller agrees to defend, indemnify and hold Buyer free and harmless from and against any and all claims, damages and liabilities related to Seller’s use of the Property and arising from facts and circumstances occurring prior to Close of Escrow. The indemnity obligations described above will be for the benefit of and binding upon the Parties, their successors and assigns, officers, employees and representatives and will survive Close of Escrow and the recordation of the Grant Deed.
9.3 Possession; Risk of Loss. Buyer shall be entitled to sole possession of the Property immediately upon Close of Escrow and telephonic confirmation of recording. All risk of loss or damage to the Property will pass from the Seller to the Buyer at the Close of Escrow. If any improvements on the Property are damaged or destroyed prior to the earlier of (a) Close of Escrow; or (b) such earlier date upon which Buyer obtains the possession and use of the Property, due to an insured casualty, Seller will assign to Buyer all insurance proceeds related thereto and the Purchase Price will be reduced by the amount of any deductible. If Seller fails to keep the Property fully insured and insurance proceeds are not available following what would have been an insured casualty, the Purchase Price will be reduced by the reduction in the value of the Property, if any, resulting from such casualty. If improvements on the Property are damaged or destroyed prior to the earlier of (a) Close of Escrow; or (b) such earlier date upon which Buyer obtains possession and use of the Property, due to an uninsured casualty and if such improvements constituted a portion of the Purchase Price, the Purchase Price will be reduced by an amount equal to the reduction in the value of the Property resulting from such uninsured casualty.
9.4 Brokers and Sales Commissions. Buyer and Seller each represent and warrant that it has not retained a broker in connection with this transaction. Neither Buyer nor Seller will be responsible or be required to pay any sales or brokerage commissions and/or finder’s fees for which the other party has incurred any obligation with respect to the transaction which is the subject of this Agreement. Seller shall indemnify, protect, defend and hold harmless Buyer and its successors hereunder from and against any and all claims, liabilities, obligations, losses, damages, costs and expenses, including, without limitation, reasonable attorney’s fees, court costs and litigation expenses, arising from or in connection with any sales or brokerage commissions, finder’s fees or other commissions which are (or are claimed to be) payable in connection with the transaction which is the subject of this Agreement by reason of the actions (or alleged actions) of such indemnifying Party. Buyer shall indemnify, protect, defend and hold harmless Seller and its successors hereunder from and against any and all claims, liabilities, obligations, losses, damages, costs and expenses, including, without limitation, reasonable attorney’s fees, court costs and litigation expenses, arising from or in connection with any sales or brokerage commissions, finder’s fees or other commissions which are (or are claimed to be) payable in connection with the transaction which is the subject of this Agreement by reason of the actions (or alleged actions) of such indemnifying Party.
9.5 Survival of Covenants. The covenants of both Buyer and Seller set forth in this Agreement shall survive the recordation of the Grant Deed and the Close of Escrow.
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9.6 Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof.
9.7 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Each counterpart may consist of a number of copies of this Agreement, each signed by less than all, but together signed by all, of the Parties. A copy of this Agreement, with signature pages bearing original signatures or signatures delivered by a Party by facsimile or email transmission of an Adobe® file format document (also known as a PDF file) shall, in each such instance, be deemed to be, and shall constitute and be treated as, an original signed document or counterpart, as applicable.
9.8 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties to, any person or entity other than the Parties.
9.9 Applicable Law. All questions with respect to this Agreement, and the rights and liabilities of the Parties and venue hereto, shall be governed by the laws of the State of California. Any and all legal actions sought to enforce the terms and provisions of the Agreement shall be brought in the courts of the County of Riverside.
9.10 Assignment. Neither Buyer nor Seller shall have the right to assign this Agreement without the consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed.
9.11 Successors and Assigns. Subject to the provisions of Section 9.10 above, this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto.
9.12 Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had an equal opportunity to participate in the drafting thereof. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.
9.13 Legal Fees. In the event of the bringing of any action or proceeding to enforce or construe any of the provisions of this Agreement, the prevailing Party in such action or proceeding, whether by final judgment or out of court settlement, shall be entitled to have and recover of and from the other Party all costs and expenses of suit, including reasonable attorney’s fees.
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9.14 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to an employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby.
9.15 Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES SET FORTH ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below next to their respective signatures. When this Agreement is executed by the final party it shall become effective (“Effective Date”).
Date: ________________, 2024 BUYER:
TOWN OF APPLE VALLEY, a California
municipal corporation
By:
Douglas B. Robertson, Town Manager
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
By: ___________________________________
SIGNATURES CONTINUED ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below next to their respective signatures. When this Agreement is executed by the final party it shall become effective (“Effective Date”).
Date: _________________, 2024 SELLERS:
Equity Trust Company, Custodian FBO Mark A.J.
Rowling, IRA, as to an undivided 50% interest
___________________________________________
By: Mark A.J. Rowling, Account Holder
Equity Trust Company, Custodian FBO Christopher
J. Connors, IRA, as to an undivided 50% interest
___________________________________________
By: Christopher J. Connors, Account Holder
SIGNATURES CONTINUED ON FOLLOWING PAGE
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ESCROW AGENT:
The undersigned Escrow Holder hereby accepts the foregoing Agreement of Purchase and Sale and Joint Escrow Instructions, agrees to act as Escrow Holder under this Agreement in strict accordance with its terms, agrees to insert as the “Agreement Date” on page 1 hereof, if not otherwise dated, the latest date this Agreement was signed by Seller and Buyer and delivered to Escrow Holder, and agrees to comply with the applicable provisions of the Internal Revenue Code with respect to the transactions contemplated hereby.
Escrow Junction, Inc.
By
Its
Date: _________________, 2024
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LIST OF EXHIBITS
Exhibit A - Plat Map
Exhibit B - Legal Description
Exhibit C - Grant Deed
Exhibit D - Certificate of Acceptance
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EXHIBIT “A”
PLAT MAP
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EXHIBIT “B”
LEGAL DESCRIPTION
EXHIBIT “C”
GRANT DEED
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
This instrument is for the benefit of the Town of Apple Valley, and is entitled to be recorded without fee or tax. (Govt. Code 6103, 27383 and Rev. & Tax Code 11922)
Order No.:
Escrow No.:
APNs: 3087-502-81 and 3087-501-01 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0_______________ __X__ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area __X__ City of Apple Valley
For valuable consideration, receipt of which is hereby acknowledged, Equity Trust Company, Custodian FBO Mark A. J. Rowling, IRA, as to an undivided 50% interest and Equity Trust Company, Custodian FBO Christopher J. Connors, IRA, as to an undivided 50% interest,
hereby GRANT(S) to
TOWN OF APPLE VALLEY, a California Municipal Corporation the real property situated in the County of San Bernardino, State of California, more particularly described as follows:
See Exhibit “A”, Legal Description, attached hereto.
Dated: ________________ ___________________________________________ ___________________________________________
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On , 2024, before me, ,
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other: , 2024
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
EXHIBIT “A”
EXHIBIT D
TOWN OF APPLE VALLEY
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed to which this Certificate of Acceptance is attached:
From: Equity Trust Company, Custodian FBO Christopher Connors, IRA, as to an undivided 50% interest in and to, AND, Custodian FBO Mark A.J. Rowling, IRA, as to an undivided 50% interest, (“Grantor”)
To: Town of Apple Valley, a California municipal corporation (“Grantee”) Said Grant Deed is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee’s governing body, and Grantee hereby consents to recordation of said Grant Deed.
Dated: TOWN OF APPLE VALLEY, a California
municipal corporation
By:
Douglas B. Robertson, Town Manager
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: REJECT ALL BIDS FOR THE DOUBLE MODULAR DEMOLITION
PROJECT PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Director of Municipal Services Municipal Services Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. Reject all bids for the Double Modular Demolition Project.
B. Direct staff to update bid documents.
C. Direct staff to solicit bids with the updated bid documents.
BACKGROUND
Staff advertised the Double Modular Demolition Project on May 9, 2024. On May 23, 2024, the Town received and opened bids for the project. The results are as follows:
Contractor Base Bid Price
1. UBD, Inc. $96,700.00
2. Robert Lawrence General Contractor $106,183.00
3. Integrated Demolition and Remediation, Inc. $197,000.00
ANALYSIS
The project consists of providing necessary labor, equipment and materials to complete demolition of two modular buildings located at 12555 Navajo Road and 17299 Apple Valley Road. Staff advertised for bids but the bid documents were missing the cost estimate and had an incorrect contractors license classification requirement that likely resulted in fewer bids and higher bids than were anticipated. Therefore, staff recommends rejecting the bids and re-advertising the project.
FISCAL IMPACT
N/A
ATTACHMENTS
None
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT #1 - ENGINEER’S ANNUAL REPORT AND LEVY OF ASSESSMENT FOR
FY 2024-2025
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. Adopt Resolution No. 2024-06, a Resolution of the Town Council of the Town of Apple Valley Directing the Filing of the Annual Report for the Town of Apple Valley Landscaping and Lighting Assessment District.
B. Receive and approve the engineer's report as filed, or as amended.
C. Adopt Resolution No. 2024-07, a Resolution of the Town Council of the Town of Apple Valley Declaring its Intention to Order Improvements and to Levy and Collect Assessments for Fiscal Year 2024-2025.
D. Direct the Town Clerk to publish the Resolution of Intention at least 10 days prior to the date of the public hearing.
BACKGROUND
The Landscaping and Lighting Act of 1972 permits the installation, maintenance and servicing of landscaping and lighting through annual special assessments on real property benefiting from the improvement. Currently, the Apple Valley Lighting and Landscaping District includes 19 locations.
It is necessary that the Town Council adopt the initial resolution describing improvements and ordering the engineer to file a report. Second, the Town Council should approve and/or modify the report, as filed with the Town Clerk and made part of this agenda, and; third, adopt a resolution of intention to levy assessments and set a date for a public hearing.
The resolution of intention declares to the affected property owners that the Town intends to levy and collect assessments within the district for next fiscal year. The resolution also gives notice of the time and place for the public hearing of the proposed assessment.
ANALYSIS
The annual assessments for each annexed territory of the Assessment District are indicated in Part B of the Engineer’s Report. For next fiscal year, there are three recommended increases in annual assessments for L-10, L-11 and L-12. The Public Works Department recently put the Landscape Maintenance contract out to bid and the new contractor’s cost for L-10, L-11, and L-12 has increased. Additionally, there were substantial repair costs at L-10 and L-11. It is recommended that the levy for L-10, which was $365.00 per lot last year, be increase to $380.00 per lot per year; for L-11 from $292.04 per lot per year to $304.00 per lot per year, and for L-12 from $159.46 per lot per year to $165.00 per lot per year.
The recommended procedures to increase or decrease the annual levy comply with all requirements of Proposition 218.
FISCAL IMPACT
The attached report summarizes the revenues and expenditures of the Assessment District, the estimate of cost and the proposed cost per lot per tract. The costs are borne by the property owners within each identified tract. There is no direct budgetary impact to the Town.
ATTACHMENTS
A. Resolution Filing the Annual Engineer’s Report
B. Engineer’s Report
C. Resolution of Intention
RESOLUTION NO. 2024-06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
APPLE VALLEY DIRECTING THE FILING OF THE ANNUAL
REPORT FOR THE TOWN OF APPLE VALLEY
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
The Town Council of the Town of Apple Valley hereby resolves as follows:
Section 1: The Town Engineer, the person designated by this Council as the Engineer of Work for Assessment District No. 1, is hereby directed to file an annual report in accordance with provisions of the Landscaping and Lighting Act of 1972.
Section 2: This resolution is adopted pursuant to Section 22622 of the Streets and Highway Code.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 11th day of June 2024.
__________________________
Scott Nassif
Mayor
ATTEST:
__________________________
La Vonda M-Pearson
Town Clerk
ENGINEER'S REPORT
TOWN OF APPLE VALLEY
ASSESSMENT DISTRICT NO. 1
The undersigned respectfully submits the enclosed report as directed by Town Council.
Richard Pedersen, P.E.
Engineer of Work
By____________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the _____ day of __________________, 2024.
La Vonda M-Pearson,
Town Clerk, Town of Apple Valley,
San Bernardino County,
State of California
By____________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved, and confirmed by the Town Council of the Town of Apple Valley, California, on the _____ day of __________________, 2024.
La Vonda M-Pearson,
Town Clerk, Town of Apple Valley,
San Bernardino County,
State of California
By____________________________
PART A
PLANS AND SPECIFICATIONS
L-1
TRACT NUMBER: 13618
LOCATION: East side Central Road at Cuyama Road
DESCRIPTION: Plans and specifications for the improvements are those prepared by EDAW Inc., Landscape Architects, by William Schultz, dated July 2, 1991. These plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated in this report by reference. In summary, the improvements consist of landscaping generally of pine trees, small junipers, other decorative bushes, decorative rock, and a perimeter wall.
Perimeter parkway landscaping is bounded by the face of curb and the face of the perimeter wall (20.00) Feet along the along the easterly side of Central Road in Tract 13618. In addition, a small portion (12.00) paralleling Cuyama Road at the intersection of Central Road. The area is basically within the parkway area along Central Road 20’ in width and along a small portion of Cuyama Road 12’ in width.
L-2
TRACT NUMBER: 13426
LOCATION: West side Central Road
DESCRIPTION: Perimeter parkway landscaping bounded by the face of curb and the face of the perimeter wall (11.00) Feet along the along the westerly side of Central Road in Tract 13426 from Cholena Road to Thunderbird Road.
Area of improved landscaping consists of small trees planted at 40- feet on center with some small decorative bushes intermittency
planted between the trees. The planted area is covered with 3-inches in depth with 3/4- inch granite gravel over an area of approximately 11-feet in width and 1,208 feet in length for an area coverage of 13,290 square feet.
L-3
TRACT NUMBER: 14090
LOCATION: North side of Sitting Bull Road from west of Lompoc Road to east of Tawya Road; Ottawa Road from west of Paraiso Road to west of Choco Road.
DESCRIPTION: General Plans and specifications for the improvements are those prepared by NDNA-Don Napolitano and Associates-Landscape Architects, dated September 11, 1991. Specific Plans and specifications for the proposed phasing of improvements are those prepared by Burch Meress Associates, dated September 20, 1993.
Both plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated by reference.
In summary, the improvements consist of approximately 40 acres of open space landscaping. The open space landscaping is to be maintained on an as needed basis under “extra work”.
A concrete V-channel connecting Paraiso Road to the drainage channel,
An equestrian trail located on the east side of the drainage channel from Ottawa Road south to the end of Mugu Ct,
Parkway landscaping bounded by the face of curb and the face of the perimeter wall along the along the northerly side of Sitting Bull Road within the tract boundaries from 200’ east of Lompoc Road to 200’ west of Choco Road, parkway landscaping along the south side and the north side of Ottawa Road from 200’ feet west of Paraiso Road to 200’ east of Choco Road, parkway landscaping is also located along the south side and the north side of Paraiso Road west of Capella Road adjacent to the drainage channel within the tract boundaries.
L-4
TRACT NUMBER: 13709
LOCATION: Along the north side of Geronimo Road at Bannock Ct. and Sarsi Ct. within the tract boundaries
DESCRIPTION: Plans and specifications for the improvements are those prepared by Shelly Harper, dated October 5, 1993. The landscaping consists generally of pine trees, small junipers and other decorative bushes.
The area is basically left earthen for drainage retention and percolation over three areas totaling 30’ in width by approximately 602’ in length for an area of 16,020 square feet along the north frontage of Geronimo Road.
L-5
TRACT NUMBER: 15288
LOCATION: South side of Sitting Bull Road east of Rincon Road within the tract called Quail Run Estates.
DESCRIPTION: Plans and specifications for the improvements are those prepared by Jennings Landscaping. The parkway landscaping consists generally of pine trees, small junipers and other decorative bushes. The area is covered in cobble stone and brown decorative rock over three areas varying in width by approximately 1000’ in length for an aerial coverage of 15,300 square feet along the south frontage of Sitting Bull Road. In addition to the parkway landscaping along Sitting Bull Road, a small median is located at the entrance to the tract at Quail Summit Road and a long retention basin on the westerly boundary of the tract are also included in the maintenance program.
L-7
TRACT NUMBER: 8476
LOCATION: South of Yucca Loma Road and east of Cochise Road DESCRIPTION: Improvements consist of maintaining 43 existing streetlights located with a portion of Tract 8476, generally located south of Yucca Loma Road and east of Cochise Road.
L-8
TRACT NUMBER: 14846
LOCATION: South side Sitting Bull Road at Skyline Ranch Drive DESCRIPTION: In summary, the district consists of maintaining perimeter landscaping and wall within the parkway along Sitting Bull Road, Deep Creek Road, Geronimo Road and 1.7 acres of open space landscaping and fencing within Lot A. General Plans and specifications for the proposed improvements are those by Fennel Associates, dated July 14, 2000. Both plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated by reference.
L-9
TRACT NUMBER: 9096-1
LOCATION: South side Yucca Loma Road at Delaware Road
DESCRIPTION: In summary, the district consists of maintaining an existing landscaped area basically within the parkway along Yucca Loma Road. The parkway is approximately 30’ in width from the street curb to the perimeter wall adjacent to Tract 9096-1, from approximately 400’ west of Delaware Road to 700’ east of Delaware Road.
The area is basically left earthen but includes landscaping, generally of evergreen trees and juniper bushes on Yucca Loma at the entrance of the neighborhood at Delaware Road, and trees planted at 50-feet on center along Yucca Loma Road. The landscaped area currently has a drip irrigation system installed.
L-10
TRACT NUMBER: 16492
LOCATION: South side Yucca Loma Road at Tamani Road
DESCRIPTION: The landscaped area to be maintained by the District is the landscaped parkway on the south side of, and adjacent to, Yucca Loma Road, being also the rear yards of Tract No. 16492-1 and 2 lots 2-12, Lot A, the 60’ drainage easement, the landscape strip along Tamiani Road, the landscaped parkway along Ottawa Rd. and adjacent to Ottawa Rd., being also the rear yards of lots 65-74.
With the construction of Tract No. 16492-1 and 2, the parkway 60’ drainage easement and Lot A is hydro seeded with a desert wildflower mix and maintained twice a year to control overgrowth.
The landscape strip along Tamiani Road includes a strip with gravel mulch and no other planting, and between the sidewalk and rail fence is planted with Plane trees and Desert Willows alternating in groups with shrubs in between and gravel mulch throughout. The planters along Ottawa Rd. has gravel mulch with Chitalpa trees at 40 feet on center and shrubs on bubblers in between. There is dense planting at the main entry and at Yucca Loma Road. The landscape strip along Yucca Loma Road between the bike path and parkway includes Pine Trees and Desert Willows alternating in groups spaced at 10 feet to 30 feet with shrubs in between. The Parkway is landscaped with low growing shrubs. All planters is covered with ¼” gravel.
L-11
TRACT NUMBER: 16395-1, 2
LOCATION: South side Catalina Road, west of Apple Valley Road The landscaped areas to be maintained, in summary, is the landscaped parkway and adjacent to, Apple Valley Road, south of Catalina Road to the southern boundary of the tract; and the storm water detention basin, lot A. Maintained areas also include the slopes adjacent to lots 33 though 37 and lots 40 and 41 within said tract.
L-12
TRACT NUMBER: 16059
LOCATION: North of Sitting Bull Road, east of Apple Valley Road The landscaped area to be maintained by the District is the landscaped parkway and slope area on the north side of, and adjacent to, Sitting Bull Road; and on the east side, and adjacent to, Apple Valley Road. The parkway and slope area adjacent to Sitting Bull Road and Apple Valley Road and includes the maintenance of an irrigation systems installed as shown on the approved landscape plans.
L-13
TRACT NUMBER: 14994
LOCATION: South of Geronimo Road, at Bannock Road
The landscaped area to be maintained by the District is the landscaped parkway and slope area on the south side of, and adjacent to, Geronimo Road; in Tract 14994 as shown on the approved landscape plans. The total landscaped area to be maintained on the south side of Geronimo Road is approximately 516 linear feet in length by an average width of 33 feet for a total of about 17,128 square feet of landscaping.
L-15
TRACT NUMBER: 18343
LOCATION: North of Esaws Road, west of Central Road
The landscaped area to be maintained by the District is the landscaped parkway and slope area on the west side of, and adjacent to, Central Road (25,200 sq.ft.); the Lot “A”, the detention basin (90,000 sq.ft.), storm drain system and landscaping along the side yards of Holsteiner Lane (13,700 sq.ft.) in Tract 18343 and as shown on the approved landscape plans.
L-17
TRACT NUMBER: 15286
LOCATION: North of Wintun Road, west of Chippewa Road
The landscaped area to be maintained by the district is the detention basin located in Tract No. 15286 as shown on the assessment diagram. With the construction of Tract No.15286 the Detention Basin will be landscaped and have irrigation systems installed as shown on the landscape plans (Exhibit A). After the acceptance of the landscaped area by the Town of Apple Valley, the funds generated by this annexation will allow the District to provide for the maintenance of the landscaped area.
L-19
TRACT NUMBER: 16134
LOCATION: North of Mana Road, west of Awia Road
The maintenance areas include a sixty (60) foot wide drainage easement to the Town of Apple Valley that is 1,760 lineal feet along the north boundary line of Tract 16134. The south twenty (20) feet contains a graded access road and just north is an eighteen (18) foot 3:1 slope containing 100-pound rip-rap protection. The remainder of the channel is an earthen bottom flowline. Behind the access road is a private six (6) foot backyard masonry wall that runs along lots 26, 27, and 29-35 of this tract. At the easterly end of the channel a 72’ reinforced concrete drainpipe has been installed under Mana Road and a driveway access to the channel access road has been installed on lot 35.
L-20
TRACT NUMBER: 17093
LOCATION: South of Bear Valley Road, east of Itoya Vista Road The maintenance areas include:
1. Landscaped slope of a variable width strip along and adjacent to the southerly right of way of Bear Valley Road between Itoya Vista Street and the easterly tract boundary of Tract 17093 with approximately 12,488 square feet. Approximately 1,270 lineal feet of eight foot (8) wide parkway bicycle trail. Two (2) foot and Six (6) foot wide strips of landscaped parkway areas both approximately 1,270 lineal feet long.
2. Landscaped slope of a variable width strip along and adjacent to the northerly right of way of Sandia Road between Itoya Vista Street and the easterly tract (Merino Avenue) with approximately 16,086 square feet. Approximately 1,170 lineal feet of nine foot (9) wide decomposed granite parkway equestrian trail. A three (3) foot wide strip of landscaped parkway area approximately 1,170 lineal feet long.
3. Landscaped slope of a variable width strip along and adjacent to the easterly right of way of Itoya Vista Street between Bear Valley Road and Sandia Road with approximately 20,975 square feet.
Approximately 2,277 lineal feet of nine foot (9) wide decomposed granite parkway equestrian trail. A three (3) foot wide strip of landscaped parkway area approximately 2,277 lineal feet long.
L-23
PARCEL NUMBER: PM 17684
LOCATION: North SR 18, west of Dale Evans Parkway
Assessment District L-23 is established to provide landscaping and landscape maintenance within parkways and medians which primarily provide specific aesthetic benefit to the retail shopping centers that are generally located north of Highway 18, south of Thunderbird Road which front Highway 18, Dale Evans Parkway and Bass Hill Road.
L-26
TRACT NUMBER: TR 17278
LOCATION: West of Wabisi Road, South of Mana Road
Assessment District L-26 is established to provide landscaping and landscape maintenance adjacent to Tract 17278, which consists of 15, 1/2 acre lots located on the southwest corner of Mana Road and Wabisi Road. A six-foot masonry wall has been constructed on the property line of the perimeter roads and there is a 12-foot parkway with a four-foot sidewalk. Mana Road landscape surface is 410 lf x
7.5 feet and Wabisi Road is 942 lf x 8 feet for a total landscape surface of approximately 10,611 square feet.
L-28
PARCEL NUMBER: PM 15151, Parcel 3
LOCATION: North SR 18, west of Dale Evans Parkway
Assessment District L-28 is established to provide maintenance to a drywell installed in a retention basin on Assessor Parcel Number 3112-251-56, owned by Apple Valley Commons I, LLC. Drainage easements in favor of the Town of Apple Valley will allow the runoff from the America’s Tire Parcel to drain into the existing retention basin. The retention basin and the corresponding drainage easements are described in parcel map 16984 on record in the County of San Bernardino.
The drywell and existing retention basin provide offsite drainage benefits for the development of the America’s Tire on the southwest corner of Thunderbird Road and Outer Highway 18 North, Parcel 3 of Parcel Map No. 15151.
PART B
ESTIMATE OF COST FY 2024-2025
• L-1 • L-2 • L-3 • L-4 • L-5 • L-7
ITEM DESCRIPTION Tract 13618
Tract
13426 Tract 14090 Tract 13709 Tract 15288 Tract 8476
ITEM DESCRIPTION Tract 13618
Tract
13426 Tract 14090 Tract 13709 Tract 15288 Tract 8476
1. Maintenance $7,430 $1,970 $20,330 $4,110 $6,078 $0
2. Water consumption $2,665 $686 $8,568 $1,950 $1,595 $0
3. Electrical Service $154 $0 $447 $0 $675 $6,867
Total cost for FY 2023/2024 $10,250 $2,656 $29,345 $6,060 $8,347 $6,867 Assessed budget for FY2023/2024 $5,600 $2,463 $25,477 $2,502 $5,800 $4,760 Surplus or Deficit ($4,650) ($193) ($3,868) ($3,558) ($2,547) ($2,107) Last Year's Reserve Fund ($33,476) ($2,330) $43,946 ($8,118) $6,177 ($21,330) Current Reserve Fund ($38,126) ($2,523) $40,078 ($11,676) $3,630 ($23,437) Estimate for FY 2024-2025 $5,600 $2,463 $25,760 $2,502 $5,800 $4,760 Number of lots: 137 26 182 18 65 236
Proposed Cost per lot per year
(FY2024/2025) $41 $95 $142 $139 $89 $20
• L-8 • L-9 • L-10 • L-11 • L-12 • L-13
ITEM DESCRIPTION Tract 14846 Tract 9696 Tract 16492 Tract 16395 Tract 16059 Tract 14994
1. Maintenance $25,519 $4,670 $91,608 $15,755 $9,879 $3,276
2. Water consumption $5,272 $429 $10,517 $5,501 $4,754 $1,637
3. Electrical Service $429 $0 $250 $64 $13 $0
Total cost for FY 2023/2024 $31,220 $5,099 $102,376 $21,320 $14,647 $4,913 Assessed budget for FY2023/2024 $28,323 $4,524 $94,170 $16,939 $7,335 $4,320 Surplus or Deficit ($2,897) ($575) ($8,206) ($4,382) ($7,312) ($593) Last Year's Reserve Fund $95,163 ($1,001) ($38,321) $67,209 $101,247 $5,066 Current Reserve Fund $92,266 ($1,576) ($46,527) $62,827 $93,935 $4,473 Estimate for FY 2024-2025 $28,323 $4,524 $98,040 $17,632 $7,590 $4,320 Number of lots: 143 58 258 58 46 18
Proposed Cost per lot per year
(FY2024/2025) $198 $78 $380 $304 $165 $240
Last year's assessment per lot per
year $198 $78 $365 $292 $159 $240
PART B (Continued)
ESTIMATE OF COST FY 2024-2025
• L-15 • L-17 • L-19 • L-20 • L-23 • L-26
ITEM DESCRIPTION
Tract
18343 Tract 15286 Tract 16134 Tract 17093 PM 17684 TM 17278
1. Maintenance $4,213 $0 $3,267 $16,516 $24,680 $3,816
2. Water consumption $3,062 $0 $0 $4,973 $25,947 $0
3. Electrical Service $66 $0 $0 $0 $68 $0
Total cost for FY 2023/2024 $7,342 $0 $3,267 $21,489 $50,696 $3,816 Assessed budget for FY2023/2024 $9,240 $3,050 $1,960 $8,250 $29,565 $5,544 Surplus or Deficit $1,898 $3,050 ($1,307) ($13,239) ($21,131) $1,728 Last Year's Reserve Fund $95,398 $142,197 $96,541 $168,142 $411,086 $20,374 Current Reserve Fund $97,296 $145,247 $95,234 $154,903 $389,955 $22,102 Estimate for FY 2024-2025 $9,240 $3,050 $1,960 $8,250 $29,565 $5,550 Number of lots: 84 61 35 55 31 15
Proposed Cost per lot per year
(FY2024/2025) $110 $50 $56 $150 varies $370
Last year's assessment per lot per
year $110 $50 $56 $150 varies $370
• L-28
ITEM DESCRIPTION PM 15151
1. Maintenance $0
2. Water consumption $0
3. Electrical Service $0
Total cost for FY 2023/2024 $0
Assessed budget for FY2023/2024 $747
Surplus or Deficit $747
Last Year's Reserve Fund $2,604
Current Reserve Fund $3,351
Estimate for FY 2024-2025 $747
Number of lots: 1
Proposed Cost per lot per year
(FY2024/2025) $747
Last year's assessment per lot per
year $747
PART C
ASSESSMENT DIAGRAM
See Attachments Entitled Assessment Diagrams For:
Annexation No. Tract No.
L-1 Tract 13618
L-2 Tract 13426
L-3 Tract 14090
L-4 Tract 13709
L-5 Tract 15288
L-7 Tract 8476
L-8 Tract 14846
L-9 Tract 9696
L-10 Tract 16492
L-11 Tract 16395
L-12 Tract 16059
L-13 Tract 14994
L-15 Tract 18343
L-17 Tract 15286
L-19 Tract 16134
L-20 Tract 17093
L-23 PM 17684, L.L.A. 2007-002
L-26 Tract 17278
L-28 PM 15151, Parcel 3
PART D
ASSESSMENT ROLL
Reference
Number Tract No. Assessor’s Parcel Numbers Assessment per lot per year L-1 Tract 13618 437-471-(parcels 6-51) $40.88
437-471-(parcels 11-46) $40.88
437-651-(parcels 1-55) $40.88
L-2 Tract 13426 426-661-(parcels 7-32) $94.75
L-3 Tract 14090 3087-031-(parcels 1-77) $141.54
3087-071-(parcels 1-18) $141.54
3087-072-(parcels 1-6,9-20) $141.54
3087-771-(parcels 1-24) $141.54
3087-701-(parcels 1-20) $141.54
3087-721-(parcels 1-27) $141.54
L-4 Tract 13709 444-821-(parcels 1-18) $139.00
L-5 Tract 15288 3087-181-(parcels 5-69) $89.23
L-7 Tract 8476 3088-421-(parcels 1-34) $20.00
3088-431-(parcels 7-28) $20.00
3088-441-(parcels1-36) $20.00
3088-451-(parcels 4-27) $20.00
3088-461-(parcels 1-40) $20.00
3088-471-(parcels 4-26) $20.00
3088-481-(parcels 1-26,28-34) $20.00
3088-491-(parcels 7-13) $20.00
3088-501-(parcels 1-23) $20.00
L-8 14846 3807-181- (Parcels 2-34) $198.06
3807-191- (Parcels 8-48, 50-59) $198.06
3807-192- (Parcels 1-40) $198.06
3807-193- (Parcels 1-19) $198.06
L-9 9696 444-681-(Parcels 3-15) $78.00
444-691-(Parcels 1-13) $78.00
444-701-(Parcels 1-31) $78.00
L-10 16492 3087-271-(Parcels 5-73) $380.00
3087-272-(Parcels 1-60) $380.00
3087-292-(Parcels 1-63) $380.00
3087-771-(Parcels 1-34) $380.00
3087-781-(Parcels 1-32) $380.00
Reference
Number Tract No. Assessor’s Parcel Numbers Assessment per lot per year L-11 16395 3087-731-(Parcels 1-14) $304.00
3087-741-(Parcels 1-9, 11-32, 34) $304.00
3087-021-(Parcels 9) $304.00
L-12 16059 444-782-(Parcels 1-34) $165.00
444-931-(Parcels 1-24) $165.00
L-13 14994 3087-761-(Parcels 1-18) $240.00
L-15 18343 3112-706-(Parcels 15-26)
3112-702-(Parcels 2-73) $110.00
L-17 15286 473-641-(Parcels 2-20) $50.00
473-651-(Parcels 1-42) $50.00
L-19 16134 433-661-(Parcels 1-35) $56.00
L-20 17093 434-051-90,91 $150.00
434-941-(Parcels 1-30) $150.00
434-951-(Parcels 1-23) $150.00
L-23 PM 17684,
LLA07-02 31 Assessor Numbers (see Exhibit “D”) Per Exhibit “D” L-26 17278 473-661-(Parcels 1-15) $400.00
L-28 PM 15151 441-301-03 $746.67
Exhibit D
Assessment Roll
Annexation L-23 to L.M.D. No. 1
Town of Apple Valley Parcel Map 17684, and L.L.A. 2007-002 Assessment Roll
Area In Maximum Annual
Square Assessment Levy
Parcel A.P.N. Site Address Property Owner Feet Amount Amount L.L.A. 2007-
002
Parcel "A" of
L.L.A.
APPLE VALLEY
2007-002 3112-251-60 Vacant Land COMMONS I LLC 219,143 $6,375.52 $1,751.42 Parcel "B" of
L.L.A.
APPLE VALLEY
2007-002 3112-251-61 Vacant Land COMMONS II LLC 306,647 $8,921.27 $2,450.76 Parcel "C" of
L.L.A.
2007-002 3112-251-62 15000 Dale Evans
Pkwy LOWES HIW INC 546,570 $15,901.35 $4,368.25
Parcel "D" of
L.L.A. 2007-
002 3112-251-63 Vacant Land
APPLE VALLEY
COMMONS II LLC
690,358 $20,084.57 $5,517.42
Parcel Map 17684,
P.M.B. 216/33-43
APPLE VALLEY
Parcel 1 3112-251-28 14900 Bass Hill Rd. COMMONS I LLC 68,221 $1,978.41 $540.31
APPLE VALLEY
Parcel 5 3112-251-32 20254 Highway 18 COMMONS I LLC 35,229 $1,021.64 $279.01
APPLE VALLEY
Parcel 6 3112-251-33 20280 Highway 18 COMMONS I LLC 52,115 $1,511.34 $412.75
APPLE VALLEY
Parcel 7 3112-251-34 20290 Highway 18 COMMONS I LLC 28,629 $830.24 $226.74
APPLE VALLEY
Parcel 8 3112-251-35 20302 Highway 18 COMMONS I LLC 29,706 $861.47 $235.27
APPLE VALLEY
Parcel 9 3112-251-36 20306 Highway 18 COMMONS I LLC 27,670 $802.43 $219.15
APPLE VALLEY
Parcel 10 3112-251-37 20296 Highway 18 COMMONS I LLC 50,745 $1,471.61 $401.90
APPLE VALLEY
Parcel 11 3112-251-38 20284 Highway 18 COMMONS I LLC 31,889 $924.78 $252.56
APPLE VALLEY
Parcel 12 3112-251-39 20258 Highway 18 COMMONS I LLC 50,042 $1,451.22 $396.33
APPLE VALLEY
Parcel 13 3112-251-40 20262 Highway 18 COMMONS I LLC 35,902 $1,041.16 $284.34
APPLE VALLEY
Parcel 14 3112-251-41 20266 Highway 18 COMMONS I LLC 25,232 $731.73 $199.84
APPLE VALLEY
Parcel 15 3112-251-42 20310 Highway 18 COMMONS I LLC 50,610 $1,467.69 $400.83
APPLE VALLEY
Parcel 16 3112-251-43 20418 Highway 18 COMMONS I LLC 34,511 $1,000.82 $273.33
APPLE VALLEY
Parcel 17 3112-251-44 20432 Highway 18 COMMONS I LLC 25,392 $736.37 $201.10
APPLE VALLEY
Parcel 18 3112-251-45 20442 Highway 18 COMMONS I LLC 61,748 $1,790.69 $489.04 Parcel 19
3112-251-46 14898 Dale Evans
Pkwy
APPLE VALLEY
COMMONS I LLC 77,130 $2,236.77 $610.87
Parcel 20 3112-251-47
14940 Dale Evans
Pkwy
APPLE VALLEY
COMMONS I LLC 50,423 $1,462.27 $399.35
Parcel 21 3112-251-48
14992 Dale Evans
Pkwy
APPLE VALLEY
COMMONS I LLC 49,105 $1,424.05 $388.91
Parcel 22 3112-251-49 20450 Highway 18
APPLE VALLEY
COMMONS I LLC 105,627 $3,063.18 $836.57
Parcel 23 3112-251-50 20426 Highway 18
APPLE VALLEY
COMMONS I LLC 79,493 $2,305.30 $629.58
Parcel 24 3112-251-51 20352 Highway 18
APPLE VALLEY
COMMONS I LLC 102,873 $2,983.32 $814.75
Parcel 25 3112-251-52 20346 Highway 18
APPLE VALLEY
COMMONS I LLC 114,218 $3,312.32 $904.61
Parcel 26 3112-251-53 20288 Highway 18 TARGET CORP 572,122 $16,591.54 $4,531.21 Parcel 27 3112-251-54 20276 Highway 18
APPLE VALLEY
COMMONS I LLC 57,046 $1,654.33 $451.80
Parcel 28 3112-251-55 20270 Highway 18
APPLE VALLEY
COMMONS I LLC 26,942 $781.32 $213.38
Misc. Parcels along Highway 18
Walgreens -
Parcel 1 of
P.M. 16195,
P.M.B. 200/21-
22 3112-171-20 20250 Highway 18
KETCHUM APPLE
VALLEY LLC 61,724 $1,795.73 $493.31
Starbucks 3112-251-05 14880 Dale Evans
Parkway
Starbucks 48,892 $1,422.41 $390.75
TOTAL ASSESSMENT $107,936.83 $29,565.45
L-1, Tract 13618
L-2, Tract 13426
L-3, Tract 14090
L-4, Tract 13709
L-5, Tract 15288
L-7, Tract 8476
L-8, Tract 14846
L-9, Tract 9696
L-10, Tract 16492-1,2
L-10, Tract 16492-3,4
L-11, Tract 16395
L-12, Tract 16059
L-13, Tract 14994
L-15, Tract 18343
L-17, Tract 15286
L-19, Tract 16134
L-20, Tract 17093
L-23, PM 17684 and L.L.A. 2007-002
L-26, TM 17278
L-28, PM 15151, Parcel 3
RESOLUTION NO. 2024-07
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY DECLARING ITS INTENTION TO
ORDER IMPROVEMENTS AND TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2024-2025
ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
The Town Council of the Town of Apple Valley hereby resolves as follows:
Section 1: The Town Council intends to levy and collect assessments within Assessment District No. 1 during fiscal 2024-2025. The area of land to be assessed is located in the Town of Apple Valley, San Bernardino County.
Section 2: The improvements to be made in this assessment district are generally described as follows:
Improvements may include but not be limited to, ground cover, shrubbery, trees and other landscaping, irrigation equipment, separate water meters, streetlights, drainage structures and the continued maintenance, operation and servicing of those improvements as deemed necessary.
Section 3: In accordance with this Council’s resolution directing the filing of an annual report, the Town Engineer, Engineer of Work, has filed with the Town Clerk the report required by the Landscaping and Lighting Act of 1972. The Town Council has received and reviewed the written report from the Assessment Engineer regarding the proposed levy and assessment for fiscal year 2024-2025. All interested persons are referred to that report for a full and detailed description of the improvement, the boundaries of the assessment district and the proposed assessment upon assessable lots and parcels of land within the assessment district.
Section 4: On Tuesday, the 23rd day of July 2024, at the hour of 6:30 pm, the Town Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held at the Council Chamber of the Town Council located at 14955 Dale Evans Parkway, Town of Apple Valley, California.
Section 5: The established maximum assessment for all Locations is not proposed to increase from any previous year.
Resolution 2024-07
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 11th day of June, 2024.
________________________________
Scott Nassif
Mayor
ATTEST:
________________________________
La Vonda M. Pearson
Town Clerk
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: ADOPT FISCAL YEAR 2024-2025 SB1 ROAD MAINTENANCE AND
REHABILITATION ACCOUNT (RMRA) PROJECT LIST RESOLUTION
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Adopt Resolution 2024-08 Identifying the project(s) to be funded by SB1 RMRA funding.
SUMMARY
Pursuant to the requirements of Senate Bill (SB1), each local jurisdiction receiving funds must submit a list of street maintenance projects each year to be eligible for Road Maintenance and Rehabilitation Account (RMRA) funds. Fiscal year 2024-2025’s RMRA allocation for the Town of Apple Valley is estimated to be $1,968,573.00.
BACKGROUND
On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system, SB 1: increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.
Beginning November 1, 2017, the State Controller (Controller) began depositing various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.
The goal of SB1 is to bring all streets up to an average pavement condition index of 80 (80 out of 100). Currently, the average pavement condition index for the town’s roads is
72. Per the SB1 guidelines, the Town’s Pavement Management System is the tool used to identify roadway segments for inclusion in RMRA funded projects.
For Fiscal Year 2024-2025, Engineering staff proposes that funds go towards the Resurfacing 2024-01 project which includes arterial roads including portions of Apple Valley Road, Sitting Bull Road, Yucca Loma Road, Reata Road, and Pimlico Road. The heavily traveled segments were selected based on their current condition and anticipated traffic volumes. In addition, residential segments in the area west of Apple Valley Road between Yucca Loma Road and SR18 will receive the same treatment. These segments were prepped for resurfacing earlier in the year by repairing large, transverse gaps and other distressed areas.
FISCAL IMPACT
The Town’s anticipated revenue from SB1 for this fiscal year’s RMRA allocation is estimated to be $1,968,573.00.
ATTACHMENTS
1. Resolution 2024-08
RESOLUTION NO. 2024-08
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
APPLE VALLEY, CALIFORNIA, ADOPTING A LIST OF
PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1:
THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the Town of Apple Valley are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the Town of Apple Valley must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the Town, will receive an estimated $1,968,573.00 in RMRA funding in Fiscal Year 2024-2025 from SB 1; and
WHEREAS, this is the eighth year in which the Town of Apple Valley is receiving SB 1 funding and will enable the Town of Apple Valley to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the Town of Apple Valley has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the Town of Apple Valley used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the Town of Apple Valley maintain and rehabilitate residential, collector, and arterial roads throughout the Town of Apple Valley this year with similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the Town of Apple Valley’s streets and roads are in an “at-risk” condition and this
Resolution 2024-08
revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AS FOLLOWS:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:
Project 1: Resurfacing 2024-01
The Project generally consists of providing necessary labor, equipment, and materials for the application of chip seal and replacing thermoplastic striping on various streets within the Town of Apple Valley as specified in the Technical Specifications and as directed by the Town Engineer. The project will commence in July 2024 and be completed in October 2024. The useful life of the project area is estimated to be 7-10 years.
Segments List
NAME FROM TO AREA
SYMERON ROAD W/S APPLE VALLEY RD E/S TUSCOLA RD 96,390.78 MANA ROAD W/S TUSCOLA RD E/S WABISI RD 16,699.90
MANA ROAD E/S WABISI RD E/S ANIWA RD 17,955.00
MANA ROAD E/S ANIWA RD END 43,560.00
LOOKOUT ROAD W/S BIG SKY RD S/S BRANDING IRON RD 25,905.00 LOOKOUT ROAD N/S BRANDING IRON RD S/S MANA RD 19,470.00 LOOKOUT ROAD N/S MANA RD CDS-76 22,057.66
CABAZON ROAD W/S ANIWA RD E/S LOOKOUT RD 35,178.00
ANIWA ROAD N/S MANA RD END 14,985.00
BRANDING IRON ROAD S/S RIVERSIDE DR CDS-76 58,360.56
SWIFT FOX COURT N/S SYMERON RD END 5,730.53
BIG SKY ROAD N/S BRANDING IRON RD CDS-82 9,352.45
BIG SKY ROAD S/S BRANDING IRON RD CDS-82 33,360.25
WABISI ROAD S/S MANA RD 110' S/O MONDAMON RD 33,410.00
SYMERON ROAD W/S TUSCOLA RD N/S RIVERSIDE RD 50,375.47
SYMERON LANE (COURT) N/S SYMERON ROAD END (NORTH) CDS-66 9,725.19 WABISI ROAD 110' S/O MONDAMON RD N/S SYMERON RD 9,371.74 IDAHO LANE E/S IDAHO ROAD END (EAST) CDS-57 7,798.18
Resolution 2024-08
IDAHO ROAD N/S MONDAMON ROAD S/S TACONY ROAD 28,895.97
ANIWA ROAD S/S QUANTICO RD END 5,366.74
POTOMAC ROAD W/S APPLE VALLEY RD N/S QUANTICO RD 47,298.50 POTOMAC ROAD N/S QUANTICO RD END 21,092.50
QUANTICO ROAD W/S APPLE VALLEY RD E/S POTOMAC RD 43,654.54 QUANTICO LANE N/S QUANTICO RD CDS-60 14,297.39
MANITOU ROAD W/S TUSCOLA ROAD N/S RIVERSIDE DRIVE 37,611.92 TUSCOLA ROAD "S/S" SYMERON ROAD W/S NOKOMIS ROAD 90,109.53 TUSCOLA ROAD E/S NOKOMIS ROAD END (WEST) @ GATE 6,628.25 TUSCOLA COURT N/S TUSCOLA ROAD END (NORTH) CDS-57 7,888.00 HIAWATHA ROAD E/S TUSCOLA ROAD W/S TACONY ROAD 49,746.99 WINNETKA ROAD W/S NOKOMIS ROAD E/S COCOPAH ROAD 40,565.62 WINNETKA ROAD W/S COCOPAH ROAD END (WEST) CDS-46 6,763.08 WINNETKA COURT N/S WINNETKA ROAD END (EAST) CDS-47 5,926.25 COCOPAH ROAD E/S TACONY ROAD W/S NOKOMIS ROAD 52,404.54 COCOPAH ROAD E/S NOKOMIS ROAD END (EAST) 5,105.75
KOKOMO ROAD N/S KEOTA ROAD E/S MANDAN ROAD 40,231.38
KOKOMO ROAD W/S MANDAN ROAD E/S KINAI ROAD 23,513.16
KOKOMO ROAD W/S KINAI ROAD END (WEST) 2,875.79
KINAI ROAD S/S APPLE VALLEY ROAD S/S CHICKASAW ROAD 49,174.50 KINAI ROAD W/S MANDAN ROAD S/S CHICKASAW ROAD 8,136.68
KINAI COURT E/S KINAI ROAD END (EAST) CDS-70 8,866.76
KEOTA ROAD E/S HAVASU ROAD W/S APPLE VALLEY ROAD 33,772.27 HAVASU LANE N/S HAVASU ROAD END (NORTH) CDS-65 13,362.63 HAVASU ROAD N/S SENECA ROAD E/S MANDAN ROAD 41,335.88
CHICKASAW ROAD W/S KINAI ROAD END (WEST) 9,280.00
MANDAN LANE E/S MANDAN RD CDS-62 15,575.24
SENECA COURT S/S SENECA RD CDS-60 5,811.27
MINGO ROAD W/S MANDAN ROAD E/S RIVERSIDE DRIVE 51,706.70 MINGO LANE S/S MINGO ROAD END (SOUTH) CDS-55 14,149.90
INKPA COURT N/S INKPA ROAD END (NORTH) CDS-62 8,147.09
INKPA ROAD W/S RED FEATHER ROAD E/S MANDAN ROAD 11,144.57 MANDAN COURT E/S MANDAN RD CDS-63 17,402.62
HAVASU ROAD N/S SIESTA DR S/S SHOSHONEE RD 20,014.59
HAVASU ROAD 165' N/O NOWATA RD S/S SIESTA DR 3,941.68
HAVASU ROAD N/S YUCCA LOMA RD 165' N/O NOWATA RD 37,785.00 HAVASU ROAD N/S SHOSHONEE ROAD S/S HAIDA ROAD 33,856.07 HAVASU ROAD N/S HAIDA ROAD S/S RED FEATHER ROAD 28,729.21 TEHACHAPI ROAD E/S COACHELLA ROAD S/S HAIDA ROAD 35,516.15 TEHACHAPI ROAD N/S HAIDA ROAD E/S HAVASU ROAD 40,880.89 TOVAR COURT W/S HAVASU ROAD END (WEST) CDS-64 9,379.53
Resolution 2024-08
CUYAMACA ROAD N/S SHOSHONEE ROAD W/S COACHELLA ROAD 25,778.84 CUYAMACA ROAD E/S COACHELLA ROAD W/S TEHACHAPI ROAD 22,642.07 CUYAMACA ROAD 145' S/O SIESTA DR CDS-74 21,341.14
CUYAMACA ROAD N/S SIESTA DR S/S SHOSHONEE RD 22,219.87
CUYAMACA ROAD 145' S/O SIESTA DR S/S SIESTA DR 5,015.81 YUMA COURT N/S TEHACHAPI ROAD END (WEST) CDS-65 7,536.42 SHOSHONEE ROAD 185' E/O SIESTA DR E/S IVANPAH RD 25,556.00 SHOSHONEE ROAD E/S RIVERSIDE DR 185' E/O SIESTA DR 35,475.00 SHOSHONEE COURT S/S SHOSHONEE RD CDS-72 15,381.14
SAHALE LANE W/S RIVERSIDE DR W/S HAVASU RD 54,960.00
SAHALE COURT N/S SAHALE LN CDS-72 14,930.73
SAHALE PLACE N/S SAHALE LN CDS-72 11,840.11
NOWATA COURT N/S NOWATA RD CDS-72 7,571.14
NOWATA ROAD W/S HAVASU RD E/S RIVERSIDE DR 52,377.68
SIESTA DRIVE S/S SHOSHONEE RD 430' S/O SHOSHONEE RD 13,695.00 HUDSON COURT W/S HAVASU RD CDS-65 15,564.17
HUDSON ROAD Ext. N/S HUDSON RD CDS-54 6,137.88
HUDSON ROAD W/S WAWONA RD E/S COACHELLA RD 20,776.51
SIESTA DRIVE 430' S/O SHOSHONEE RD W/S APPLE VALLEY RD 87,671.63 SAHALE LANE W/S COACHELLA RD W/S IVANPAH RD 30,370.91
IVANPAH ROAD N/S SIESTA DR S/S SHOSHONEE RD 20,781.82
IVANPAH ROAD 145' S/O SIESTA DR S/S SIESTA DR 4,401.78
IVANPAH ROAD N/S SAHALE LN 145' S/O SIESTA DR 31,442.73 HAIWEE ROAD W/S WAWONA RD END 5,013.35
COACHELLA ROAD N/S SHOSHONEE ROAD S/S HAIDA ROAD 31,429.28 COCHISE ROAD 150' S/O SIESTA DR (X-Gutter) N/S YUCCA LOMA RD 37,290.00
COCHISE ROAD S/S SIESTA DR
150' S/O SIESTA DR (XGutter) 4,322.11
COCHISE COURT E/S COCHISE RD CDS-70 8,827.90
COCHISE WAY E/S COCHISE RD CDS-83 8,720.50
WAWONA ROAD S/S SHOSHONEE RD N/S SIESTA DR 27,390.32
WAWONA ROAD S/S SIESTA DR N/S YUCCA LOMA RD 69,469.68
HAVASU ROAD N/S RED FEATHER ROAD S/S SENECA ROAD 20,525.09 IVANPAH ROAD N/S SHOSHONEE ROAD S/S HAIDA ROAD 32,501.98 HAIDA ROAD E/S RED FEATHER ROAD W/S APPLE VALLEY ROAD 70,573.34 RED FEATHER ROAD S/S HAIDA ROAD W/S APPLE VALLEY ROAD 87,562.11 INKPA ROAD W/S MANDAN ROAD S/S SENECA ROAD 29,673.57
HUPA ROAD N/S RED FEATHER ROAD E/S HAVASU ROAD 39,251.13 COCOPAH COURT S/S COCOPAH ROAD END (WEST) CDS-55 6,968.19 COACHELLA ROAD S/S SAHALE LN 150' S/O SIESTA DR 31,737.00 COACHELLA ROAD 150' S/O SIESTA DR S/S SIESTA DR 3,633.00 COACHELLA ROAD N/S SIESTA DR S/S SHOSHONEE RD 20,403.94
Resolution 2024-08
SHOSHONEE ROAD W/S IVANPAH RD W/S APPLE VALLEY RD 56,945.78 SENECA ROAD W/S APPLE VALLEY RD 200' W/O MANDAN RD 87,446.73 SENECA ROAD 200' W/O MANDAN RD E/S RIVERSIDE DR 79,122.28 KINAI/CHICKASAW ROAD W/S MANDAN ROAD END (WEST) 15,854.18 MANDAN ROAD E/S RIVERSIDE DR S/S SENECA RD 85,983.51
MANDAN ROAD N/S SENECA RD W/S APPLE VALLEY RD 82,746.70 TULSA ROAD S/S MANDAN RD END 11,249.68
MONDAMON ROAD S/S MANA RD W/S WABISI RD 31,680.00
MONDAMON ROAD E/S WABISI RD W/S TUSCOLA RD 19,751.51
MONDAMON ROAD E/S TUSCOLA RD W/S APPLE VALLEY RD 59,194.98 APPLE VALLEY ROAD PLIMICO RD SITTING BULL RD 307,235
APPLE VALLEY ROAD SITTING BULL RD YUCCA LOMA RD 401,670 APPLE VALLEY ROAD YUCCA LOMA RD SENECA RD 232,160
APPLE VALLEY ROAD SENECA RD MANDAN RD 132,710
APPLE VALLEY ROAD MONDAMON RD TUSCOLA RD 91,750
APPLE VALLEY ROAD TUSCOLA RD QUANTICO RD 52,425
APPLE VALLEY ROAD QUANTICO RD POTOMAC RD 25,875
APPLE VALLEY ROAD POTOMAC RD HWY 18 43,420
PIMLICO ROAD APPLE VALLEY RD REATA RD 48,900
REATA ROAD BEAR VALLEY RD PIMLICO RD 66,080
SITTING BULL ROAD E/S APPLE VALLEY RD 575' E/O PARISO RD 158,400 SITTING BULL ROAD 575' E/O PARISO RD W/S QUAPAW RD 72,110 YUCCA LOMA ROAD APPLE VALLEY RD KASANKA TRL 265,770
KIOWA PLACE W/S KIOWA RD END 9,500
KIOWA ROAD S/S BEAR VALLEY RD N/S DEL ORO RD 238,740
KIOWA ROAD N/S DEL ORO RD N/S TUSSING RANCH RD 242,420
KIOWA ROAD N/S TUSSING RANCH RD S/S OCOTILLO WY 74,340
29.4 Miles
APPROVED AND ADOPTED by the Town Council of the Town of Apple Valley this 11th day of June 2024.
____________________________________
Scott Nassif
Mayor
ATTEST:
_________________________________
LaVonda M-Pearson
Town Clerk
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: ADOPT 2024-2029 MEASURE I 5 YEAR PLAN
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. That the Town Council Approve FY 2024/2025 through 2028/2029 Measure I 5-year Plan
B. Adopt Resolution No 2024-09 A Resolution of the Town Council of the Town of Apple Valley, State of California, Adopting the Measure I Five Year Capital Improvement Program.
BACKGROUND
Pursuant to the requirements of the Measure I, which was renewed by the voters in 2004, each local jurisdiction receiving Measure I funds must annually adopt a Five-Year Capital Improvement Plan, which outlines the specific projects upon which those funds shall be expended.
In addition to accounting for the Measure I local pass-through funds, the Town is required to provide San Bernardino County Transportation Authority (SBCTA) with an updated master list of projects eligible for Major Local Highways funding.
BACKGROUND
The plan and a Resolution adopting the Measure I Expenditure Plan for FY 2024/2025 through 2028/2029 for the Town of Apple Valley are attached. This Measure I 5-Year Plan may be revised at any time should the Town Council find it appropriate to do so, due to various reasons, such as project schedule adjustments, and recent approved grant allocations. The proposed list of projects aligns with the adopted FY 2024/2025 budget and Capital Improvement Plan.
FISCAL IMPACT
The attached Measure I 5-Year Plan identifies proposed expenditures for the current year, and projected expenditures for the next 5 fiscal years. However, approval of this plan does not commit funding for these projects. Funding allocation will be recommended and included during the annual budget process.
ATTACHMENTS
A. Expenditure Strategy
B. Resolution 2024-09
C. List of Projects
TOWN OF APPLE VALLEY
MEASURE I CAPITAL IMPROVEMENT PLAN
EXPENDITURE STRATEGY
Fiscal Year 2024/2025 – Fiscal Year 2028/2029
Measure I Local Pass-Through Funds will be used by the Town of Apple Valley for a variety of transportation related projects, including adding capacity to our regional arterial system, reconstruction, and regular and periodic maintenance of existing roadways.
These Measure I funds allocated for the Town’s local street program (68%) are allocated with a minimum of 50% of the funds expended on these roads identified specifically on our plan (categorical). For those roads specifically identified within the plan, some require that the Town accumulate Measure I revenue for such large projects. The balance of these funds, up to 50% of the total fund are identified for reconstruction and regular maintenance chosen based on the Town’s priority within the Town's Pavement Management Program (non-categorical).
RESOLUTION NO. 2024-09
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF APPLE VALLEY, CALIFORNIA, ADOPTING
THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT
PLAN FOR FY 2024/2025 THROUGH 2028/2029
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, California, that the Measure I Five-Year Capital Improvement Plan, attached to this resolution as Exhibit A, is hereby adopted.
APPROVED AND ADOPTED by the Town Council of the Town of Apple Valley this 11th day of August 2024.
_____________________
Scott Nassif
Mayor
ATTEST:
_____________________
La Vonda M. Pearson
Town Clerk
Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
6/30/24 Carryover Balance $3,477,271.00
FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue Total Est. Rev. $2,765,788 $2,904,871 $3,006,509 $3,108,104 $3,234,902 $15,020,174 Projects:
Apple Valley Village Accessibility Phase 2 No No 0.0% 0.0% $1,300,000 $200,000 $0 $0 $0 $0 $200,000 Bear Valley Bridge Rehabilitation (Mojave River Bridge) Yes No 45.0% 55.0% $52,673,700 $806,860 $1,397,248 $853,105 $0 $0 $3,057,213 Bear Valley Intersection Improvements No No 0.0% 0.0% $1,555,650 $694,025 $0 $0 $0 $0 $694,025 Central Road Widening Yes No 45.0% 55.0% $4,505,692 $210,000 $122,000 $0 $0 $0 $332,000 Dale Evans Parkway @ Waalew Road (Realignment) No No 0.0% 0.0% $2,716,630 $460,000 $2,105,000 $0 $0 $0 $2,565,000 Paving Priorities No No 0.0% 0.0% $7,720,000 $1,720,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $7,720,000 Powhatan Road Complete Streets No Yes 0.0% 0.0% $1,844,525 $28,000 $119,000 $94,000 $0 $0 $241,000 Rancherias Plaza Frontage Road Conversion No No 0.0% 0.0% $100,000 $100,000 $0 $0 $0 $0 $100,000 Reata Road Intersection Improvements No No 0.0% 0.0% $581,800 $0 $228,000 $0 $0 $0 $228,000 Safe Routes to School Implementation No No 0.0% 0.0% $652,500 $0 $0 $2,500 $150,000 $500,000 $652,500 SR18 Corridor Study No No 0.0% 0.0% $369,394 $8,209 $0 $0 $0 $0 $8,209 Town Wide Complete Streets Plan No No 0.0% 0.0% $787,537 $115,000 $0 $0 $0 $0 $115,000 Yucca Loma Elementary School Safe Routes to School No Yes 0.0% 0.0% $2,150,000 $550,000 $0 $0 $0 $0 $550,000
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
$4,892,094 $5,471,248 $2,449,605 $1,650,000 $2,000,000 $16,462,947 Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Projects Total:
Apple Valley
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
Jurisdiction:
6/25/2024
Rich Berger
760-240-7000 ext 7530
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2024/2025 thru 2028/2029
Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email: [email protected]
Apple Valley
Jurisdiction:
6/25/2024
Rich Berger
760-240-7000 ext 7530
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2024/2025 thru 2028/2029
Total Programming is currently 89% Total Estimated Programming: $16,462,947 (Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN
FOR THE TOWN OF APPLE VALLEY
From: Douglas Robertson, Town Manager
Submitted by: Kristine Shoup, Human Resources Manager
Human Resources Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Approve Resolution No. 2024-10, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan.
BACKGROUND
The Human Resources Department, working in conjunction with the Innovation and Technology Department, recommends reclassifying the current Innovation and Technology Officer classification to Director of Innovation and Technology to better reflect the scope of work performed and add a new classification of Innovation and Technology Analyst to the published classification and salary plan for future department development. Director of Innovation and Technology – salary range 86: $11,218 to $15,851 monthly
Innovation and Technology Analyst – salary range 67: $7,017 to $9,915 monthly Additionally, the Human Resources Department recommends amending the current Graphic Designer job classification and title to Graphic and Web Designer to better reflect the duties performed.
FISCAL IMPACT
The reclassification of the Innovation and Technology Officer to Director of Innovation and Technology has been included in the FY 2024-25 budget and the new Innovation and Technology position will be subject to budget approval before being filled. Lastly, there is no cost associated with the recommended amendments to the Graphic and Web Designer classification.
ATTACHMENTS
A. Resolution 2024-10
B. Director of Innovation and Technology job description C. Innovation and Technology Analyst job description
D. Graphic and Web Designer job description
E. Updated Classification and Salary Plan
Resolution 2024-10
RESOLUTION NO. 2024 – 10
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF APPLE VALLEY AMENDING THE
CLASSIFICATION AND SALARY PLAN FOR THE TOWN
OF APPLE VALLEY
WHEREAS, the Town Council of the Town of Apple Valley has established Classification and Salary Plan for the Town of Apple Valley; and WHEREAS, the Town Council of the Town of Apple Valley wishes to modify the classification and salary plan for the Town of Apple Valley.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AS FOLLOWS:
Section 1. The Town Council finds that all of the facts set forth in the Recitals of this Resolution, are true and correct, and are incorporated herein by reference.
Section 2. The Town Council hereby adopts the Director of Innovation and Technology job classification as shown in Attachment B.
Section 3. The Town Council hereby adopts the Innovation and Technology Analyst job classification as shown in Attachment C.
Section 4. The Town Council hereby adopts the Graphic and Web Designer job classification as shown in Attachment D.
Section 5. The Town Council hereby adopts the revised Classification and Salary Plan as shown in Attachment E.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect.
Section 7. Effective Date. This Resolution is effective immediately. All resolutions, parts of resolutions in conflict herewith are hereby amended to be consistent herewith.
Resolution 2024-10
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 11th day of June 2024.
_______________________
Scott Nassif
Mayor
ATTEST:
__________________________
La Vonda M-Pearson
Town Clerk
Resolution No.2024- Town of Apple Valley Page 1 of 4
FLSA: Exempt*
Director of Innovation and Technology
SUMMARY
The Director of Innovation and Technology is an appointed position by the Town Manager and serves as the Chief Information Officer for the Town of Apple Valley. Under administrative direction the Director, plans, organizes, and provides administrative direction and oversight for all activities and operations of the Town’s Innovation and Technology Department, and the technology and GIS activities and operations for the Town and all Town departments; provides expert professional assistance and guidance to Town management staff and the Town Council on technology strategy, long-term technology initiatives and investments, and uses of technology to solve operational needs and problems; coordinates with other Town departments, divisions, outside agencies, and the general public; manages the effective use of technology and information systems to improve organizational productivity, customer service, and public access to Town information; oversees the selection, development, implementation and maintenance of the Town’s technology systems and business applications, including contracted technology services used to conduct Town business.
SUPERVISION RECEIVED AND EXERCISED
Receives all administrative direction and supervision from the Town Manager. The work provides for a wide variety of independent decision-making, within legal and general policy and regulatory guidelines. Exercises direction and supervision over management, supervisory, professional, technical, and clerical staff through subordinate levels of supervision.
ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
Serve as the Chief Information Officer for the Town of Apple Valley. Provide overall management, definition and prioritization of the Town’s IT operations and direction of the Town’s technology and information systems and services including computer operations, technical support, systems analysis, programming, database management, business applications, geographic information systems, network and telecommunication systems, technology training and other related technologies. Coordinate townwide acquisition of software and hardware, including reviewing department requests and making recommendations on alternative options; provide oversight and guidance for contracted services utilizing related technologies and information systems to conduct Town business.
Oversee and/or participate in project management for both new system implementations and enhancements to existing systems and services; mediate between departments and divisions
Resolution No.2024- Town of Apple Valley Page 2 of 4
regarding competing priorities or goals; mediate between the Town and related contract services dealing with technology or information systems used to conduct Town business. Oversee the information and data integrity of the Town and its related agency’s information technology functions.
Review all technology-based and manual systems for business process improvement and improved uses of technology including GIS, mobile devices, and other innovative technologies.
Review and evaluate information such as status reports and requests for services to determine compliance with Town and department policies, state and federal laws. Develop, plan and implement departmental policies and procedures, mission, goals, shortand long-term objectives and work plan in conjunction with and in addition to the Town’s goals and objectives.
Stay informed of technology standards in line with legal and industry best practices and assesses new and emerging technologies to determine applicability to Town business services.
Manage subordinate staff, set work priorities, create work schedules, conduct performance evaluations, reward and/or discipline employees.
Direct, oversee, and participate in the selection and management of consultants and vendors working on information technology projects, including other Town department projects with a technology or GIS component.
Oversee the preparation and administration of the IT operation budget, including budgeting for requested technology and information systems for other departments; oversees and reviews the purchase of all technology-related hardware, software, and solutions. Maintain confidentiality of work-related issues and Town information. Perform other duties as assigned.
DISTINGUISHING CHARACTERISTICS
This is a department head classification that oversees, directs, and participates in all activities of the Innovation and Technology Department, including short- and long-range planning and development and administration. This class provides assistance and guidance to the Town Manager in a variety of administrative, coordinative, analytical, and liaison capacities. Successful performance of the work requires knowledge of public policy, municipal functions, and activities, including the role of an elected Town Council, and the ability to develop, oversee, and implement projects and programs in a variety of areas. Responsibilities include coordinating the activities of the department with those of other departments and agencies and managing and overseeing the complex and varied functions of the department. The incumbent is accountable for accomplishing departmental planning and operational goals and objectives and for furthering Town goals and objectives within general policy guidelines.
MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:
Any combination of education, experience, or professional certifications that provide the knowledge, skills, and abilities necessary for a Chief Information Officer. A typical way of obtaining the required qualifications is to possess the equivalent to graduation from an accredited four-year college or university with a Bachelor’s degree in Information Technology, Computer Science, Business or Public Administration, or closely related field, and at least eight (8) years of
Resolution No.2024- Town of Apple Valley Page 3 of 4
progressively responsible experience in information technology management, with five (5) years of supervisory or management experience.
LICENSE AND CERTIFICATION REQUIREMENTS
Valid California class C driver’s license with satisfactory driving record and automobile insurance.
Designation as a Certified Government Chief Information Officer (CGCIO) is desirable.
Knowledge of:
Administrative principles and practices, including goal setting, program development, implementation and evaluation, and supervision of staff, either directly or through subordinate levels of supervision.
Public agency budgetary, contract administration, town-wide administrative practices; and general principles of management related to the functions of the assigned area. Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures. Applicable Federal, State, and local laws, codes, and regulations concerning the operation of an information technology department.
Organizational and management practices as applied to the analysis and evaluation of projects, programs, policies, procedures, and operational needs. Methods and techniques for writing and presentations, contract negotiations, business correspondence, and information distribution; research and reporting methods, techniques, and procedures.
Proper English usage, grammar, spelling, vocabulary, and punctuation. Knowledge of current technology trends and capabilities as they relate to hardware and software solutions to meet the business needs and goals of the Town. Microsoft desktop and server operating systems, mobile operating systems, and Cisco or related networking and telecommunication environments.
Principles and practices of business software application management, development, administration and implementation; familiarity with Tyler Technologies EERP. Principles and practices of Geographic Information Systems (GIS) management, development, administration and implementation; familiarity with Esri ArcGIS solutions. Relational database management; principles of general business practices and processes with data systems and relational database systems.
Ability to:
Develop and implement goals, objectives, policies, procedures, work standards, and internal controls for the department and assigned program areas. Provide administrative and professional leadership, direction, and guidance for the department and the Town.
Plan, organize, direct, and coordinate the work of management, supervisory, professional, technical and clerical personnel; delegate authority and responsibility. Perform complex computer, network, telecommunication, and geographic information system operations, monitoring, installation and configuration, repair and maintenance, and troubleshooting work involving the use of independent judgment and personal initiative. Implement comprehensive computer, network, and telecommunication operations-related projects and training programs.
Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of established goals.
Resolution No.2024- Town of Apple Valley Page 4 of 4
Interpret and apply applicable policies, procedures, laws, and regulations pertaining to assigned programs and functions.
Research, develop, and recommend cost-effective technical system improvements. Adequately prepare and maintain records, reports, documentation and system procedures. Using initiative, discretion, and judgment within established procedures, guidelines, and rules. Defining problems, establishing facts, and drawing valid conclusions. Managing situations requiring diplomacy, fairness, firmness, and sound judgment. Managing staff, delegating tasks and authority, and evaluating staff performance. Building effective teams and providing efficient customer service. Use English effectively to communicate in person, over the telephone, and in writing. Establishing and maintaining cooperative working relationships with Town Manager, department heads, managers, supervisors, employees, external public and private agencies, consultants, vendors, suppliers, and the general public. Applying safe work practices.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Work is performed in an office environment and in close proximity to other workers. May be exposed to excessive noise levels. Incumbent shall be exposed to those conditions normally encountered in a business office environment. Physical demands are light, consisting primarily of sitting, standing and walking. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard or calculator, and to operate standard office equipment. May be required to lift and carry items weighing up to 75 pounds. Incumbent must be able to see and hear in the normal range with or without correction and communicate verbally and in written form with great facility and must be able to be understood. Incumbent must have the stamina to work long hours and attend night meetings after regular working hours.
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
May be required to work on evenings, weekends, and holidays. Participates in an after-hours emergency response program for on-call and callback assignments, and after hour Town Meetings and events.
*FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.
Resolution No. Town of Apple Valley Page 1 of 5
FLSA: Exempt*
Innovation and Technology Analyst
SUMMARY
Under general direction, performs a variety of professional-level administrative, operational, budgetary, research, analytical, and advanced information technology duties in support of the activities and operations of the Town’s technology and the Innovation and Technology Department, which may include network and telecommunications systems and security, business applications as well as websites, audio/visual and broadcasting systems, enterprise resource planning (ERP) solutions, relational databases, and geographic information systems (GIS); provides highly complex and responsible support to the Director of Innovation and Technology; works with Town departments and users to understand and define needs; performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Director of Innovation and Technology. Exercises general supervision over assigned subordinate professional and technical staff, vendors, and consultants as directed.
ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
Oversees and assists in the day-to-day operations, administration, implementation, support and maintenance of the Town’s technology including hardware and software computer operations, technical support, systems analysis, programming, database management, business applications, geographic information systems, network and telecommunication systems, technology training and other related technologies. Assists in developing, implementing, maintaining, and enforcing the Innovation and Technology Department operational policies and procedures, mission, goals, short- and long-term objectives and work plan in conjunction with and in addition to the Town’s goals and objectives; acts as a liaison with Town departments, contracted services utilizing related technologies and information systems to conduct Town business, and vendors as necessary.
Participates in the development and management for the department budget and related technology budgets for the Town; provides professional recommendations and guidance on new and innovative technologies that may provide value to the operations of Town and departments.
Researches and evaluates solutions; recommends, plans, and/or coordinates the purchase and implementation of equipment, systems and other technology solutions and products.
Resolution No. Town of Apple Valley Page 2 of 5
Develops and provides reports and queries, system specifications, system process and procedural documentation, timelines, usage reports and/or other related documentation. Works directly with Town departments and users, contracted services utilizing related technologies and information systems to conduct Town business, contractors, and vendors in support of Town’s technology to identify complex business procedures and problems; proposes, designs, and implements complex applications solutions; coordinates with vendors to provide additional technology solutions; oversees the work of outside contractors or vendors, ensuring quality of work and delivery of services. Oversees and assists in the configuration, performance monitoring, support and maintenance of the Town’s network and telecommunication infrastructure systems including related hardware such as routers, switches and servers, peripherals; cybersecurity and security related systems, business applications and software, data and voice connections at various sites including lease lines, landlines, wireless and mobile devices; cabling; and other technology systems as assigned; conducts network and systems analysis and programming as needed; designing and implementing new networks, including system topology, server configurations and standard information technology structure
Assists with overseeing the information and data integrity and security of the Town and its related information technology functions.
Provides oversight and participates in project management for both new system implementations and enhancements to existing systems and services; utilizes project management techniques and tools, such as Microsoft Project, to effectively manage system implementations and upgrades.
Administers, configures, maintains, develops and oversees relational databases, such as Microsoft SQL; utilizes SQL scripting and reporting software such as SQL Server Reporting Services and Crystal Reports, to create ad-hoc queries and reports. Assists in the oversight and backup administration of the Town’s Geographic Information System and related systems and software.
Coordinates and participates in the development of justifications and recommendations for acquisition of computer hardware and software; prepares staff reports, and specifications for bid documents and evaluations of proposals; reviews and evaluates contracts and proposals.
Provides emergency and on-call support response to reduce down-time, correct errors, monitor vendor activity, off hours scheduled maintenance, and system failures or on an as needed basis; may be required to carry a Town supplied cell phone during on-duty and off-duty hours.
Supervises the work of assigned staff; provides work direction and mentoring to professional, technical staff, and clerical/administrative staff; conducts performance evaluations and participates in personnel decisions.
Stay informed of technology standards in line with legal and industry best practices and assesses new and emerging technologies to determine applicability to Town business services.
Maintains confidentiality of work-related issues and Town information. Performs other duties as assigned.
Resolution No. Town of Apple Valley Page 3 of 5
DISTINGUISHING CHARACTERISTICS
This is the advanced-level class in the innovation and technology series that is responsible for the oversight, administration and maintenance of the Town’s technology infrastructure and applications, including networks, hardware, and business applications for all Town departments and services. This class is distinguished from the Director of Innovation and Technology in that the latter has overall functional direction and responsibility for the Innovation and Technology Department and authority over the Town's technology.
MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:
Minimum of an Associate degree in information technology, computer science, business administration, or a related field; AND five (5) years of increasingly responsible professional information technology experience, with three (3) years of supervisory or management experience in areas such as administration and support of enterprise business applications, network and infrastructure systems, telecommunication systems; a Bachelor’s degree from an accredited college or university with major coursework in one of these fields is desired. Experience in local government is preferred. A combination of additional experience along with industry certifications, may be substituted for degree requirement.
LICENSE AND CERTIFICATION REQUIREMENTS
Valid California class C driver’s license with satisfactory driving record and automobile insurance.
Knowledge of:
Town policies and procedures.
Operational characteristics, services, and activities of information technology; Modern professional office practices, methods, and procedures. Current technology trends and capabilities as they relate to hardware and software solutions to meet the business needs and goals of the Town.
Modern and complex principles and practices of computer hardware and software systems including printers, network and telecommunication systems, and audio/visual systems management, analysis, design, programming, and maintenance. Network and telecommunication systems configuration and troubleshooting, cabling and internetworking principles, wide area networks, and related systems and hardware; server operating systems, VMWare virtual server administration, and dHCI system architecture administration. Relational database management, SQL scripting, database reporting, data processing management and general administration practices and techniques; Principles of general business practices and processes with data systems and relational database systems. GIS operations and related solutions such as ArcGIS and AutoCAD. Standard Website and Web Application development languages Research techniques, and principles and procedures of record keeping and technical report writing.
Technical and business applications, including current releases of Microsoft Office, system monitoring, and other software required to accomplish the essential functions listed.
Intermediate to advanced Excel business data analysis and data manipulation preferred.
Resolution No. Town of Apple Valley Page 4 of 5
Methods and techniques for providing a high level of customer service to public, contractors and vendors, and Town staff, in person, in writing, and over the telephone. Principles and practices of effective employee supervision. Principles and practices of project management and strategic planning. Occupational hazards and standard safety practices necessary in the area of computer operations.
Proper English usage, grammar, spelling, vocabulary, and punctuation. Applicable Federal, State, and local laws, codes, and regulations.
Ability to:
Perform advanced complex computer systems and business applications, and network and telecommunication systems operations, monitoring, installation, repair, and maintenance work involving the use of independent judgment and personal initiative. Implement comprehensive computer, network, and telecommunication operations-related projects and training programs.
Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of established goals. Interpret and apply applicable policies, procedures, laws, and regulations pertaining to assigned programs and functions.
Analyze user needs, research, develop, and recommend cost-effective technical system improvements.
Adequately prepare and maintain records, reports, documentation, and system procedures. Effectively plan, organize, and prioritize tasks and projects; organize own work and workspaces, set priorities, and meet deadlines.
Operate modern office equipment including computer, network, and telecommunication equipment, and business applications.
Communicate clearly and effectively in person, over the telephone, and in writing with people at all organizational levels.
Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
Establish and maintain effective working relationships with those contacted in the course of the work completed.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
In the performance of daily activities, this position may require prolonged or intermittent sitting, standing, climbing ladders, walking on level, uneven, or slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting/crouching, and repetitive hand movement using a computer keyboard and mouse. May be required to lift and carry items weighing up to 75 pounds.
May be required to run cabling and operate necessary tools. Incumbent must be able to see and hear in the normal range with or without correction and communicate verbally and in written form with great facility and must be able to be understood.
Work is performed mostly in an office environment and in close proximity to other workers. May be exposed to excessive noise levels. Incumbent shall be exposed to those conditions normally encountered in a business office and data center environment and will occasionally be required to operate a motor vehicle to travel to different sites and locations; when working outdoors the
Resolution No. Town of Apple Valley Page 5 of 5
incumbent may encounter extreme weather conditions, including wet, hot, cold, wind, snow, ice, and heavy vehicle traffic.
Incumbent may be required to work evenings, weekends, and holidays, and must have the stamina to work long hours for after-hours emergency response for on-call and callback assignments and attend after hour Town meetings and events. *FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.
Resolution No.2023-07 Town of Apple Valley Page 1 of 4
FLSA: Non-Exempt*
Graphic and Web Designer
SUMMARY
Under general supervision, designs a variety of professional and complex computer-generated graphics, illustrative and photographic materials and prepares accurate typesetting of forms, builds custom graphics and web design, coding webpages or entire websites, flyers, bulletins, reports, marketing materials, publications and other documents, for internal Town departments with a focus on creative content development; Promotes the Town’s public relations and branding; disseminates information to the Community; assists in the production of regular and special Town publications; performs related duties as required.
SUPERVISION RECEIVED AND EXERCISED
Receives direct supervision from the Public Information Officer. No direct supervision of staff is exercised.
ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
Develops the overall layout and production design for advertisements, brochures, flyers, digital media, magazines, website, presentations and more. Creates visual representations, in both print and electronic media, from ideas and concepts. Receives inquiries and provides information to the public and media regarding general and fact-based topics by sending out news releases or responding via telephone or the Citizen Request Management system.
Assists with the development and coordination of special projects including developing marketing materials to recruit volunteers, writing, and designing sponsorship packages, and communicating with potential sponsors.
Prepares written publicity materials, such as letters, brochures, flyers, fact sheets, pamphlets, and newsletters.
Responds to internal work requests for marketing materials or other publications related to special programs or events by designing, writing, and editing or updating new and previously created material.
Updates and maintains project files, appropriate Town website pages, Town kiosk, photo archives, and historical archives.
Ensures projects are completed with high quality and on schedule. Prioritizes and manages multiple projects within design specifications. Works with a wide range of media and uses graphic design software. Creates web and social media content, as required.
Works with departments to establish guidelines and standards for content.
Resolution No.2023-07 Town of Apple Valley Page 2 of 4
Ensures the clear, comprehensive, and accurate presentation of the Town’s on-line presence. Testing and improving the design of the website.
Maintaining the appearance of websites by enforcing content standards. Designing visual imagery for websites and ensuring that they are in line with branding and compliant.
Incorporating functionalities and features into websites. Preparing design plans and presenting the website structure. Performs other duties as assigned.
MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:
Equivalent to the completion of the twelfth (12th) grade and two (2) years of college coursework in graphic design, marketing, communications, public relations, or a related field, and two (2) years of experience in computer aided graphics design utilizing computer software programs.
Previous experience with Photoshop, Illustrator, In Design, and Procreate is highly desired.
LICENSE AND CERTIFICATION REQUIREMENTS
Valid California class C driver’s license with satisfactory driving record and automobile insurance.
Knowledge of:
Principles, techniques, practices, and production equipment/materials used in graphic design. Principles, practices, and techniques used in the conduct of an effective public information and publicity program for a Town or large public agency. Principles, practices, and procedures related to marketing, media relations, reporting, and news writing.
Principles, practices, and techniques of handling and reporting confidential or politically sensitive information.
Equipment, materials, procedures, and standards regarding computerized typesetting. Current design software and be skilled in every step of the design process, from concept to final deliverable.
Principles of copy layout.
Paper types and printing requirements.
Customer service techniques.
English usage, grammar, spelling, and punctuation.
Town codes and ordinances, and administrative rules and regulations affecting departmental operations.
Techniques for dealing effectively with the public, vendors, contractors, and Town staff, in person and over the telephone.
Techniques for effectively representing the Town in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.
Up-to-date experience with international web protocols, standards, and technologies. Techniques for providing a high level of customer service to public and Town staff, in person and over the telephone.
Resolution No.2023-07 Town of Apple Valley Page 3 of 4
Ability to:
Utilize various graphic software programs related to graphic design that are currently in use by the Town, including, but not limited to Photoshop, Illustrator, In Design, and Procreate. Assist in planning, organizing, and coordinating a variety of public information, media, and legislative related activities and programs.
Create aesthetically attractive and visually balanced documents. Analyze situations and identify pertinent problems/issues, conduct research to gather relevant information, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.
Analyze, interpret, summarize, and present administrative and technical information and data in an effective manner.
Interpret, apply, and explain complex laws, codes, regulations, and ordinances. Exercise discretion and maintain confidentiality in sensitive situations. Maintain record keeping systems.
Estimate time and materials needed for completion of work. Understand and carry out complex oral and written instructions. Follow written and oral instructions.
Organize work and meet deadlines including adjusting to shifting priorities. Establish and maintain cooperative relationships with all persons contacted in the course of work including fellow employees, users of services and outside vendors. Communicate effectively both orally and in writing.
Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. Operate modern office equipment, including computer equipment and specialized software applications programs.
Use English effectively to communicate in person, over the telephone, and in writing. Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
Establish and maintain effective working relationships with those contacted in the course of the work.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle; to visit various Town and meeting sites; and attend special events requiring standing for extended periods of time, as well as walking between work and even areas, potentially traversing uneven terrain; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard, or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects necessary to perform job functions.
Employees work partially in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances; and partially in the field at Town events and are occasionally exposed to loud noise levels, cold and hot temperatures, and inclement weather conditions. Employees may interact with upset staff and/or
Resolution No.2023-07 Town of Apple Valley Page 4 of 4
public and private representatives in interpreting and enforcing departmental policies and procedures.
May be required to work on evenings, weekends, and holidays to attend Town events. *FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Account Clerk I 36 $3,263 to $4,611
Account Clerk II 40 $3,602 to $5,090
Accountant I 52 $4,845 to $6,846
Accountant II 55 $5,217 to $7,372
Accountant, Senior 61 $6,051 to $8,550
Accounting Technician 46 $4,178 to $5,903
Administrative Analyst I 55 $5,217 to $7,372
Administrative Analyst II 61 $6,051 to $8,550
Administrative Assistant 42 $3,785 to $5,348
Administrative Assistant, Senior 48 $4,389 to $6,202
Animal Behaviorist 44 $3,976 to $5,619
Animal Health Assistant 39 $3,514 to $4,966
Animal Health Supervisor 59 $5,759 to $8,138
Animal Outreach Assistant 39 $3,514 to $4,966
Animal Services Supervisor 59 $5,759 to $8,138
Animal Services Assistant 30 $2,814 to $3,976
Animal Services Attendant 37 $3,345 to $4,727
Animal Services Manager 69 $7,372 to $10,417
Animal Services Officer I 42 $3,785 to $5,348
Animal Services Officer II 46 $4,178 to $5,903
Animal Services Officer Trainee 38 $3,429 to $4,845
Town of Apple Valley Classification Plan FY 2023-2024
Effective: June 11, 2024
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2023-2024
Animal Services Officer, Senior 52 $4,845 to $6,846
Animal Services Specialist, Senior 39 $3,514 to $4,966
Animal Services Technician 40 $3,602 to $5,090
Assistant Director of Community Development 76 $8,763 to $12,383 Assistant Director of Community Enhancement 76 $8,763 to $12,383 Assistant Director of Econ Dev & Housing 76 $8,763 to $12,383 Assistant Director of Energy & Environmental Services 76 $8,763 to $12,383 Assistant Director of Finance 76 $8,763 to $12,383
Assistant Planner 53 $4,966 to $7,017
Assistant Pool Manager 37 $3,345 to $4,727
Assistant Town Clerk 64 $6,516 to $9,207
Assistant Town Manager NR $15,851 to $22,397
Associate Planner 59 $5,759 to $8,138
Code Enforcement Manager 69 $7,372 to $10,417
Code Enforcement Officer I 46 $4,178 to $5,903
Code Enforcement Officer II 52 $4,845 to $6,846
Code Enforcement Officer, Senior 55 $5,217 to $7,372
Code Enforcement Supervisor 59 $5,759 to $8,138
Code Enforcement Technician 42 $3,785 to $5,348
Community Development Director 86 $11,218 to $15,851
Community Enhancement Officer 44 $3,976 to $5,619
Effective: June 11, 2024
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2023-2024
Custodian 31 $2,884 to $4,076
Customer Service Representative 38 $3,429 to $4,845
Deputy Town Clerk 53 $4,966 to $7,017
Director of Animal Services 86 $11,218 to $15,851
Director of Business Development and Communication 86 $11,218 to $15,851 Director of Finance 86 $11,218 to $15,851
Director of Government Services 86 $11,218 to $15,851
Director of Innovation and Technology 86 $11,218 to $15,851 Director of Municipal Services 86 $11,218 to $15,851
Director of Parks and Recreation 86 $11,218 to $15,851
Director of Public Works 86 $11,218 to $15,851
Economic Development Assistant 53 $4,966 to $7,017
Economic Development Manager 72 $7,939 to $11,218
Economic Development Specialist I 59 $5,759 to $8,138
Economic Development Specialist II 65 $6,679 to $9,437
Environmental Programs Coordinator 59 $5,759 to $8,138
Equipment Operator 48 $4,389 to $6,202
Event Assistant 30 $2,814 to $3,976
Event Coordinator 51 $4,727 to $6,679
Executive Assistant 54 $5,090 to $7,192
Facilities Supervisor 59 $5,759 to $8,138
Effective: June 11, 2024
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2023-2024
Finance Analyst 67 $7,017 to $9,915
Finance Manager 72 $7,939 to $11,218
Fiscal Services Supervisor 61 $6,051 to $8,550
Fleet Mechanic 45 $4,076 to $5,759
Geographic Information Systems (GIS) Specialist 55 $5,217 to $7,372 Golf Services Aide 30 $2,814 to $3,976
Golf Services Retail Assistant 34 $3,106 to $4,389
Golf Services Supervisor 52 $4,845 to $6,846
Graphic and Web Designer 55 $5,217 to $7,373
Housing & Community Dev Specialist I 57 $5,482 to $7,745 Housing & Community Dev Specialist II 63 $6,357 to $8,982 Housing & Community Development Supervisor 65 $6,679 to $9,437 Housing & Community Development Technician 43 $3,879 to $5,482 Human Resources Analyst 61 $6,051 to $8,550
Human Resources Assistant 50 $4,611 to $6,516
Human Resources Coordinator 55 $5,217 to $7,372
Human Resources Manager 69 $7,372 to $10,417
Innovation and Technology Analyst 67 $7,017 to $9,915
Innovation and Technology Coordinator 63 $6,357 to $8,982 Innovation and Technology Specialist 55 $5,217 to $7,372 Innovation and Technology Technician 49 $4,499 to $6,357
Effective: June 11, 2024
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2023-2024
Intern 30 $2,814 to $3,976
Lifeguard 34 $3,106 to $4,389
Maintenance Aide 30 $2,814 to $3,976
Maintenance Worker I 37 $3,345 to $4,727
Maintenance Worker II 41 $3,692 to $5,217
Maintenance Worker, Senior 45 $4,076 to $5,759
Manager of Legislative Affairs and Grants 72 $7,939 to $11,218 Office Assistant 33 $3,030 to $4,282
Office Assistant, Senior 39 $3,514 to $4,966
Park and Recreation Manager 72 $7,939 to $11,218
Parks Supervisor 52 $4,845 to $6,846
Planner, Senior 65 $6,679 to $9,437
Planning Manager 72 $7,939 to $11,218
Planning Technician 43 $3,879 to $5,482
Pool Manager 37 $3,345 to $4,727
Principal Planner 70 $7,557 to $10,677
Public Information Officer 72 $7,939 to $11,218
Public Relations Specialist 53 $4,966 to $7,017
Public Relations Specialist, Senior 56 $5,348 to $7,557 Public Works Inspector 52 $4,845 to $6,846
Public Works Manager 69 $7,372 to $10,417
Effective: June 11, 2024
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2023-2024
Public Works Supervisor 59 $5,759 to $8,138
Public Works Technician 43 $3,879 to $5,482
Records Technician 41 $3,692 to $5,217
Recreation Assistant 37 $3,345 to $4,727
Recreation Coordinator 47 $4,282 to $6,051
Recreation Leader I 30 $2,814 to $3,976
Recreation Leader II 34 $3,106 to $4,389
Recreation Specialist 43 $3,879 to $5,482
Recreation Supervisor 52 $4,845 to $6,846
Recreation Supervisor, Senior 59 $5,759 to $8,138
Registered Veterinary Technician 46 $4,178 to $5,903
Rescue Coordinator 44 $3,976 to $5,619
Special Projects Manager 72 $7,939 to $11,218
Town Clerk 76 $8,763 to $12,383
Town Manager NR $24,929 to $24,929
Effective: June 11, 2024
Town Council Agenda Report
Date: June 11, 2024
To: Honorable Mayor and Town Council
Subject: APPROVAL OF PROPOSED CONTRACT WITH THE COUNTY OF
SAN BERNARDINO FOR ANIMAL SHELTER SERVICES
From: Douglas Robertson, Town Manager
Submitted by: Douglas Robertson
Town Manager
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council approve the proposed contract with the County of San Bernardino for Animal Shelter Services.
BACKGROUND
The Town of Apple Valley and County of San Bernardino are nearing the end of the (1) year contract extension for Animal Shelter services. The current contract included two (2) one (1) extension provisions. Both parties would like to continue the services agreement, thus a new agreement is being negotiated. A new long-term contract is still being contemplated, with additional infrastructure, services and staffing. This temporary agreement is being put in place in order to prevent a break in service.
The attached contract is for a one (1) year period with one (1) extension available. It is not anticipated that extension will be necessary as both parties prefer a long-term agreement once the cost for expanded services is known. The current proposed contract essentially continues the existing agreement with the addition of a small expansion via a portable unit and an update to the compensation to match current conditions. Over the last year the number of animals from the county has been roughly equal to those of the Town and the temporary contract reflects those changes. The oneyear extension includes dedication of County staff to support animal placement activities, funding for a community cat (trap-neuter-return program) for cat owners in the unincorporated areas and funding to offset rescue pull fees.
Staff recommend approval of the proposed contract as we continue to negotiate a longerterm deal.
FISCAL IMPACT
Funding will be appropriated in the FY 2024/25 adopted budget per contract award.
ATTACHMENTS
County of San Bernardino Animal Services Contract
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Department of Public Health
Department Contract Representative Michael Shin, DPH Contracts Telephone Number (909) 832-0807
Contractor Town of Apple Valley - Animal
Shelter Services Department
Contractor Representative Doug Robertson, Town Manager
Telephone Number 760-240-7000 ext. 7051
Contract Term July 1, 2023 through June 30, 2025
Original Contract Amount $1,110,122
Amendment Amount $1,174,418
Total Contract Amount $2,284,540
Cost Center 9300261000
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT NO. 1
It is hereby agreed to amend Contract No. 23-590 as follows:
SECTION B. CONTRACTOR RESPONSIBILITIES Subsections CC, DD, EE, FF, GG are added to read as follows:
CC. Contractor will take part in monthly meetings with the County to discuss opportunities to improve overall service to the public.
DD. Contractor will take pictures of animals received from the County’s Jurisdiction, as appropriate, and post to the Apple Valley Animal Shelter (AVAS) website. An Animal Control Officer may fulfill this requirement when impounding the animals at AVAS.
Contract Number
23-590 A-1
SAP Number
Standard Contract Page 2 of 4
EE. Contractor will explore the option of extending AVAS hours to increase public access.
FF. Contractor schedules appointments to receive owner surrendered pets, and at times must suspend this practice to manage the daily intake of animals. Appointments and suspensions for owner surrendered pets will include County animals, when activated by AVAS. These measures are being taken due to lack of kennel space and to reduce the need for euthanasia.
GG. Contractor and the County will collaborate to assess the feasibility of accessing their respective databases to streamline the process of reuniting lost pets with their owners.
SECTION D.1 TERM OF CONTRACT is amended to read as follows:
This Contract is effective as of July 1, 2024 and expires June 30, 2025, but may be terminated earlier in accordance with provisions of this Contract. The Contract term may be extended for one (1) additional one-year periods by mutual agreement of the parties.
SECTION E. COUNTY RESPONSIBILITIES Subsection 4, 5 and 6 is added to read as follows:
4. County will dedicate staff to support all AVAS animal placement activities including adoptions, return-to-owner efforts, and the AVAS Animal Outreach Team that coordinates AVAS, rescue and foster operations in Apple Valley while also in support of Devore and Big Bear Shelters, and assist in controlling the level of customer service provided to the Rescue Groups.
5. County will take quarantined animals to the Devore Animal Shelter.
6. County will update website under Animal Care Service Areas to include a description of the service areas within the county unincorporated communities whose lost animals come to Apple Valley to better serve the residents in those areas looking for any lost pets.
Additionally, County will update its website to indicate where animals from the unincorporated areas near Barstow would be kept to differentiate the High-Desert Region area and animals taken to Apple Valley.
SECTION F. FISCAL PROVISIONS Subsections 1, 2, 6, and 7 are amended and Subsection 13 is added to read as follows:
1. The maximum amount of payment under this Contract shall not exceed $2,340,244 and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem.
2. The minimum guaranteed payment for shelter services under this contract for fiscal year 2024-25 is $89,534.77 per month. Thereafter, the minimum guaranteed payment shall be based on an annual rate of $1,074,417.25 which includes the base rate of $1,030,122 plus
4.3% ($44,295.25) established by the Consumer Price Index (CPI) for the Riverside Area in March 2024.
Standard Contract Page 3 of 4
6. County shall pay Contractor the monthly minimum guaranteed payment amount of $89,534.77 upon receipt of the Contractor’s invoice for services rendered during the previous month. Payment will not be delayed in connection with the submittal of required quarterly reports to the Animal Care Program.
7. Contractor will prepare monthly invoices by the fifteenth (15th) day of the month in a formal mutually agreed upon by the parties. Invoices shall be submitted to:
San Bernardino County
Department of Public Health
ATTN: Animal Care Fiscal
658 E. Brier Dr., 1st Floor
San Bernardino, CA 92408
(800) 472-5609
13. County will allocate an additional $100,000 in the Contract for a Community Cat - TNVR (Trap-Neuter-Vaccinate-Return) program of cats taken to AVAS by residents. Residents will be responsible for returning cats to the unincorporated area. County will provide cat traps for residents to rent under their program.
SECTION L. NOTICES is amended with an updated contact address to read as follows:
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or by email, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
Department of Public Health
ATTN: Chief of Animal Care
658 E. Brier Dr., 1st Floor
San Bernardino, CA 92408
(800) 472-5609
Town of Apple Valley
ATTN: Town Manager
14955 Dale Evans Parkway
Apple Valley, CA 92307
Notice shall be deemed communicated two (2) County working days from the time of mailing, facsimile, or email, if delivered as provided in this paragraph REPLACE ATTACHMENT A, AGREED UPON FEES, with ATTACHMENT A1, AGREED UPON FEES, attached hereto and incorporated herein.
All other terms and conditions of Contract No. 23-590 remain in full force and effect.
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
Standard Contract Page 4 of 4
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Daniel Pasek, Deputy County Counsel Joshua Dugas, Director Date Date Date
SAN BERNARDINO COUNTY
TOWN OF APPLE VALLEY
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Doug Robertson
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Town Manager
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:
Deputy
Address 14955 Dale Evans Parkway
Apple Valley, CA 92307
ATTACHMENT A1
AGREED UPON FEES
Description FY 24-25
Impound & Medical
PROPOSED FLAT RATE BASED ON PERCENTAGE OF USE
Annual Budget $2,060,234 (Does not include funding for increased veterinary services) 40% of Use - 2,748 Cats/Dogs (Maximum): 2748 x $299.89 = $824,098, includes medical 45% of Use - 3,091 Cats/Dogs (Maximum): 3091 x $299.89 = $926,960, includes medical 50% of Use - 3,435 Cats/Dogs (Maximum): 3435 x $299.89 = $1,030,122, includes medical Agreement TOTAL $1,030,122
1 Impounds Exceeding Maximum will be Billed at Rates Established within Agreement Deceased animals delivered to the shelter will be billed to County at the rate of $10 per animal and not counted against the maximum impounds per this agreement. Payments received from animal owners will be credited to County to offset the debit.
County will provide Contractor annually with their adopted County Fee Schedule as related to Animals.
The following categories will be recorded as credits when payments are received from Customer:
Animal Handling – County is responsible for collecting owner-turn-in fees in the field. Only fees deposited with Contractor will be credited to the account per this agreement. Animal Licensing – County has indicated this will be a small percentage of the Customers and therefore Contractor has overhead annually.
Animal Sheltering – Fees charged to Customer by County for Impound and Disposal, Dead Animal Disposal, and Spay/Neuter.
The following categories are fees or fundraising established by Contractor and will not be recorded as credits when payments are received from Customer unless expressly identified per this agreement. Adoption Fees
Microchip Fees
Vaccination Fees
Donations
Rabies Clinics
Boarding Fees after 5-days of Impoundment
Medical Requested Euthanasia