Agenda packet — Apple Valley City Council, June 25, 2024

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, June 25, 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 Ed Carlson - First Assembly of God Apple Valley

2.2 Pledge of Allegiance

2.3 Presentations

3. Public Comments

4. Councilmember Committee/Commission/Community Participation 5 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

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5.1 Suggested items for next Agenda

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - July 9, 2024 - Council Chamber Regular Session at 6:30p.m.

6. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 6.1-6.8 as recommended.

6.1 APPROVAL OF MINUTES 7
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024
15 Adopt Resolution No. 2024-11 of the Town Council calling and giving notice of the holding of a General Municipal Election for the election of certain officers as required by the provision of the laws of the State of California relating to General Law Cities.

6.3 ADOPT RESOLUTION NO. 2024-13 ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFICE PERTAINING TO CANDIDATE

STATEMENTS FOR THE GENERAL MUNICIPAL ELECTION,
NOVEMBER 5, 2024
21 Adopt Resolution No. 2024-13, adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election on November 5, 2024.

6.4 AWARD MODULAR KENNEL CRANING AND UTILITY CONNECTION 24 A. That the Town Council adopt the design of the project represented by the Plans and Specifications for the Modular Kennel Craning and Utility Connection Project;
B. That the Town Council award a contract to KNC Construction, Inc. for the Modular Kennel Craning and Utility Connection project in the amount of $94,000.00 and a 10% contingency of $9,400.00, for a total amount not to exceed $103,400.00.

C. Approve a Budget Amendment allocating $103,400.00 in Animal Services Capital Project funds 47102118 to cover the project.

6.5 AWARD MULTI-PARK BACKSTOP PROJECT NO. PR2024-02 B 32 That the Town Council award a contract to Dantin Enterprises Inc. DBA All American Fence Erectors (“All American”) for the Multi-Park Backstop project in the amount of $179,200 and a 10% contingency of $17,920, for a total amount not to exceed $197,120.

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6.6 ADOPT RESOLUTION 2024-14, A RESOLUTION OF THE TOWN

COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
DESIGNATING JULY AS “PARKS MAKE LIFE BETTER” MONTH
39 That the Town Council adopt Resolution 2024-14 designating July as “Parks Make Life Better” Month.

6.7 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN FOR

THE TOWN OF APPLE VALLEY
42 Approve Resolution No. 2024-15, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan.

6.8 FY 2024-25 STATE ADVOCACY SERVICES 54
That the Town Council approve a one-year extension to the Professional Services Agreement with Niemela Pappas & Associates for State Legislative Advocacy Services for Fiscal Year 2024-25.

7. Public Hearings

7.1 ADOPTION OF FISCAL YEAR 2024-25 APPROPRIATION LIMIT 57 Adopt Resolution No. 2024-16 of the Town Council of the Town of Apple Valley, California, establishing the Fiscal Year 2024-25 Appropriations Limit for the Town at $51,569,491 by using the Town’s population growth for the population adjustment and the California per capita income growth for the inflationary adjustment.

7.2 RESOLUTION OF THE TOWN OF APPLE VALLEY COUNCIL

ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT
BUDGET FOR FISCAL YEAR 2024-25
62 Adopt Resolution No. 2024-17 of the Town Council approving the operating and capital improvement budget for Fiscal Year (FY) 2024-25.

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.

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TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS

CITIZEN ADVISORY COMMITTEES

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

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

TRAFFIC ADVISORY COMMITTEE (TAC)
Mayor Nassif
As needed.

Town Council Chambers

TOWN PERSONNEL COMMITTEE
Mayor Nassif
Council Member Bishop
Meets as Needed

PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Council Member Emick

AD HOC COMMITTEES

APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif

VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick

SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA

AD-HOC COMMITTEE
Mayor Pro Tem Art Bishop
Council Member Kari Leon

AGENCY - BOARDS/COMMITTEES &

COMMISSIONS

CALIFORNIA JOINT POWERS INSURANCE

AUTHORITY (CJPIA)
Mayor Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.

CAL CITIES/DESERT MOUNTAIN DIVISION (DMD)
Mayor Nassif- Voting Delegate
Mayor Pro-Tem Bishop – Alternate
Meets as needed, rotating cities.

MOJAVE DESERT AIR QUALITY MANAGEMENT

DISTRICT (MDAQMD)
Council Member Leon-– Delegate
Council Member Emick – Alternate
Meets every 4th Monday of each month at 10:00 a.m.,
14306 Park Avenue, Victorville

MOJAVE DESERT AND MOUNTAIN RECYCLING

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

SAN BERNARDINO COUNTY TRANSPORTATION

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

San Bernardino

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

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

VICTOR VALLEY ECONOMIC DEVELOPMENT

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

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

VICTOR VALLEY WASTE WATER RECLAMATION

AUTHORITY (VVWRA)

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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.

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Town Council Agenda Report
Date: June 25, 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 June 11, 2024.

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1 Apple Valley Town Council

MINUTES
June 11, 2024, 6:30 p.m.

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

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

2. Opening Ceremonies

2.1 Invocation
Pastor Lisa Griniage - Church for Whosoever Apple Valley

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

2.3 Presentations
None.

3. Public Comments
Richard Rorex, Apple Valley, commented on the beauty of wildlife in his yard. He spoke of his love for his community.

Marcy Taylor, representing various historical committees, provided a historical report on historical activities taking place within the community.

C.J. Porter, representing the Church of Latter-Day Saints, commented on upcoming events at the church, including Pioneer Day, to be held on July 27, 2024 at 5:00 p.m. He commented on the history of this event.

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2 Brian Hoody, Apple Valley, spoke in support of adding a stop sign in his neighborhood near Standing Rock Road. He stated that there was a major accident near his home emphasizing the need for a traffic stop.

David Garcia, Apple Valley, also commented on the incident that occurred near Standing Rock Road and Blackfoot Road. He strongly encouraged the Town to place a stop sign in the area.

Brandy Moreno, Apple Valley, expressed concern regarding individuals not adhering to traffic laws. She also commented on the number of gas stations and car washes in the community.

John Q Citizen, commented on his request for a list of legal fees paid for the eminent domain case quoting transparency. He explained that he submitted a records request and his request was denied.

La Vonda M-Pearson, Town Clerk, announced that there were 45 emails submitted for public comment in reference to the Animal Shelter. She noted that the comments were available for review on the dais and on the Apple Valley website.

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

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

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

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

Council Member Emick 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.

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3 5. Town Council Announcements

5.1 Suggested items for next Agenda
Mayor Pro Tem Bishop commented on a party bus parked in a residential neighborhood. He stated that the property owners are expressing concern regarding party buses in the neighborhood. He asked staff to look into this issue.

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

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

Mayor Nassif announced that staff has indicated that there is no need to take action on Agenda Item Number 6.7 “Award Residential Rehabilitation Loan Contract” and therefore it would be pulled from the agenda.

Motion by: Council Member Emick
Seconded by: Council Member Leon
To approve the Consent Calendar items numbered 6.1- 6.6 and 6.8 - 6.15, as recommended and removing 6.7.

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

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4 6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 MAY 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 MAY 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE
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
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
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 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.

6.8 ACCEPTANCE OF WORK FOR APPLE VALLEY ROAD BUS TURNOUT - PROJECT NO. 2023-03
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.

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5 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.

6.9 APPROVE AGREEMENT OF PURCHASE AND SALE OF APN 3087- 501-01 AND APN 3087-502-81
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
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
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.

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6 6.12 ADOPT FISCAL YEAR 2024-2025 SB1 ROAD MAINTENANCE AND

REHABILITATION ACCOUNT (RMRA) PROJECT LIST
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
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.

6.14 AMENDING THE CLASSIFICATION AND SALARY PLAN FOR THE

TOWN OF APPLE VALLEY
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
That the Town Council approve the proposed contract with the County of San Bernardino for Animal Shelter Services.

7. Public Hearings
None.

8. Business of the Council
None.

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Douglas B. Robertson, Town Manager highlighted upcoming events at the Town of Apple Valley

11. Closed Session
None.

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7 12. Adjournment
Motion by: Mayor Pro Tem Bishop
Seconded by: Council Member Emick
To adjourn the meeting of the Apple Valley Town Council at 7:43 p.m. in memory and honor of Dr. Edward T. Paget, former Mayor of the City of Needles.

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

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Town Council Agenda Report
Date: June 25, 2024
To: Honorable Mayor and Town Council
Subject: CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024

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
A. Adopt Resolution No. 2024-11 of the Town Council calling and giving notice of the holding of a General Municipal Election for the election of certain officers as required by the provision of the laws of the State of California relating to General Law Cities.

B. Adopt Resolution No. 2024-12 Requesting consolidation with the General Municipal Election with the San Bernardino County Registrar of Voters.

BACKGROUND
It is required under the provisions of the laws of the State of California that the Town Council call and give notice of the holding of a General Municipal Election to be held on November 5, 2024, for the election of certain officers by resolution.

Elections Code §10403 allows the Town to file a resolution with the County of San Bernardino requesting consolidation of the Municipal Election and all related election services with the County Election Department. Consolidating with the County is an efficient, cost-effective way to manage the election process.

Based on the foregoing, staff recommend adoption of the form resolutions.

FISCAL IMPACT
Election estimated expenditures have been identified in the proposed Fiscal Year 2024- 25 Government Services budget. Exact election costs will not be known until after the November election.

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ATTACHMENTS
A. Resolution No. 2024-11
B. Resolution No. 2024-12

Page 16 of 69 ends

RESOLUTION NO. 2024-11

A RESOLUTION OF THE TOWN COUNCIL OF THE

TOWN OF APPLE VALLEY, CALIFORNIA, CALLING

AND GIVING NOTICE OF THE HOLDING OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION

OF CERTAIN OFFICERS AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a Municipal Election shall be held on November 5, 2024, for the election of Municipal Officers.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the Town of Apple Valley, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing two (2) members of the Town Council for District 1 and District 2, for the full term of four (4) years; and for the purpose of electing an atlarge Mayor to the Town Council for the full term of two (2) years.

SECTION 2. The ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the San Bernardino Elections Office of the Registrar of Voters is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to conduct the election properly and lawfully.

SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. Notice of the time and place of holding the election is given and the

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Resolution 2024-11
Town Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. The Town Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

APPROVED and ADOPTED by the Town Council of The Town of Apple Valley this 25th day of June 2024.

Scott Nassif, Mayor
ATTEST:

La Vonda M-Pearson, Town Clerk

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RESOLUTION NO 2024-12

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN

OF APPLE VALLEY, CALIFORNIA, REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF SAN

BERNARDINO TO RENDER SPECIFIED SERVICES TO

THE TOWN RELATING TO THE CONDUCT OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024 PURSUANT TO § 10403

OF THE ELECTION CODE
WHEREAS, the Town Council of the Town of Apple Valley has called a General Municipal Election to be held on Tuesday, November 5, 2024 for the purpose of electing two (2) members of the Town Council for District 1 and District 2, for the full term of four (4) years; and for the purpose of electing an at-large Mayor to the Town Council for the full term of two (2) years; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the Town the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of San Bernardino canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024 for the purpose of the election of two (2) members of the Town Council for District 1 and District 2, for the full term of four (4) years; and for the purpose of electing an at-large Mayor to the Town Council for the full term of two (2) years.

SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the Town of Apple Valley recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

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Resolution 2024-11
SECTION 5. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of San Bernardino Registrar of Voters, the Town Council, in accordance with Election Code Section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and the Town Clerk will determine the winner by lot.

SECTION 6. That the Town Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of San Bernardino, California.

SECTION 7. That the Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 25th day of June, 2024
Scott Nassif, Mayor
ATTEST:

La Vonda M-Pearson, Town Clerk

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Town Council Agenda Report
Date: June 25, 2024
To: Honorable Mayor and Town Council
Subject: ADOPT RESOLUTION NO. 2024-13 ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFICE PERTAINING TO CANDIDATE

STATEMENTS FOR THE GENERAL MUNICIPAL ELECTION,
NOVEMBER 5, 2024

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
Adopt Resolution No. 2024-13, adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election on November 5, 2024.

BACKGROUND
Pursuant to Section 13307 of the Elections Code of the State of California, the governing body of the local agency shall adopt regulations by Resolution pertaining to materials prepared by any candidate for a municipal election, including costs of candidates’ statements.

The County Registrar has advised that if a candidate chooses to file a Candidate Statement, the Candidate will be required to remit a check (in an amount that has not been determined as of the date this report was prepared) at the time nomination papers are submitted to the Town Clerk. If a balance remains after the printing costs are paid, the balance will be refunded. Any additional costs will be billed to the “Candidate” and will be due and payable.

Based on the foregoing, staff recommend adoption of the form resolution.

FISCAL IMPACT
N/A

ATTACHMENTS
A. Resolution No. 2024-13

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RESOLUTION NO. 2024-13

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

APPLE VALLEY, CALIFORNIA, ADOPTING REGULATIONS

FOR CANDIDATES FOR ELECTIVEOFFICE PERTAINING TO

CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024.

THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. General Provisions. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the Town of Apple Valley on November 5, 2024, may prepare a candidate statement on an appropriate form provided by the Town Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten and/or electronic form in the office of the Town Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

Section 2. Foreign Language Policy.
a. Pursuant to state law, the candidate statements must be translated and printed in Spanish.
b. Pursuant to the Voting Rights Act, the Town is required to translate candidate statements into the following languages in addition to English: Spanish.
c. The Town Clerk shall:

1. Have all candidate statements translated into the languages specified in (b) above.

2. Print all translations of candidate statements in the voters’ pamphlet.

Section 3. Payment.
a. The candidate shall be required to pay for the cost of printing the candidates’ statements in English.
b. The candidate shall be required to pay for the cost of translating the

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candidates’ statements into any foreign language as specified in (b) above pursuant to State and/or Federal law.
c. The candidate shall be required to pay for the cost of printing the candidates’ statements in a foreign language.

The Town Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate statements filed pursuant to the Elections Code.

Section 4. Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package.

Section 5. The Town Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued.

Section 6. All previous resolutions establishing Council policy on payment for candidates’ statements are repealed.

Section 7. This Resolution shall apply only to the election to be held on November 5, 2024 and shall then be repealed.

Section 8. The Town Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 25 th day of June 2024.

Scott Nassif, Mayor
ATTEST:

La Vonda M-Pearson, Town Clerk

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Town Council Agenda Report
Date: June 25, 2024
To: Honorable Mayor and Town Council
Subject: AWARD MODULAR KENNEL CRANING AND UTILITY CONNECTION

PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Gina Whiteside, Director of Animal Services Animal Services Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. That the Town Council adopt the design of the project represented by the Plans and Specifications for the Modular Kennel Craning and Utility Connection Project; B. That the Town Council award a contract to KNC Construction, Inc. for the Modular Kennel Craning and Utility Connection project in the amount of $94,000.00 and a 10% contingency of $9,400.00, for a total amount not to exceed $103,400.00.

C. Approve a Budget Amendment allocating $103,400.00 in Animal Services Capital Project funds 47102118 to cover the project.

BACKGROUND
On May 21, 2024, staff proceeded with the public bidding for the Modular kennel craning and utility connection project. The work will include craning a new 14’X54’ modular kennel to an existing concrete pad, hookup all electrical, HVAC, and water per the manufacture’s drawing and specifications. The modular building is scheduled to be delivered on July 12, 2024, and shall be craned into place upon arrival.

The project was advertised on May 28, 2024, and the Town received and opened bids on June 11, 2024. The bid results are as follows:

Contractor Base Bid Price

1. KNC Construction, Inc. $94,000.00

ANALYSIS
The bid documents were reviewed by staff for accuracy and completeness. KNC Construction, Inc., previously completed projects for the Town, and staff considers KNC

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Construction, Inc.. to be a qualified, responsible and responsive bidder. The project is tentatively scheduled to begin on July 12, 2024 and is expected to be completed within 15 working days.

FISCAL IMPACT
The funding for this project was not appropriated in the FY 2023-24 budget. Staff is requesting additional appropriation to fund the project using General Fund 10012119.750100, which can also be found in the attached budget amendment.

ATTACHMENTS
A. Area of Work
B. Contract for Construction
C. Budget Amendment/Transfer Request

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Area of Work

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28314.00015\41921969.1
31 SECTION 400 - CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made this 25th day of June, 2024, in San Bernardino County, State of California, by and between the Town of Apple Valley, hereinafter called Town, and KNC Construction, Inc., hereinafter called Contractor. Town and Contractor agree, for valuable consideration, as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work and provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents (specified in Article 5 below) for the public work of improvement titled:

Modula Kennel Craning and Utility Connection
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 14 Working Days from the commencement date stated in the Notice to Proceed, hereafter the Contract Time. By its signature hereunder, Contractor agrees the Contract Time is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Ninety-Four Thousand Dollars ($94,000.00), hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that Town will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the Town’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the Town the sum of $500 for each and every Working Day of delay in completing the Work beyond the Contract Time, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, Town may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the Town’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, Town may deduct liquidated damages based on its estimate of when Contractor will achieve Final Completion or other Milestones. Town need not wait until Final Completion to withhold liquidated damages from Contractor.

Liquidated damages are not a penalty but an agreed estimate of the actual damages that would be sustained by the Town for delay, including but not limited to loss of revenue, inconvenience to the Town and the public, and increased Project administration expenses such as extra inspection, construction management, staff time, and architectural and engineering expenses.

Liquidated

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28314.00015\41921969.1
32 damages do not include damages the Town incurs on account of claims by third parties against the Town on account of any delay.

Should money due or to become due to Contractor be insufficient to cover liquidated damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to Town.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include only the following documents, each of which is incorporated into this Contract for Construction by reference:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
California Air Resources Board – Fleet Compliance Certification Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Standard Specifications
Addenda
Plans prepared by Horizon Structures
Change Orders executed by Town
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of a conflict, the various Contract Documents will be given effect in the order set forth in Article 2.b of the General Conditions.

This Contract constitutes the full and complete agreement between the parties with regard to the Project and the Work, and supersedes any prior agreement of the parties, whether written or oral.

The Contract can be modified only by a written Change Order executed in accordance with the Contract Documents.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.

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28314.00015\41921969.1
33 ARTICLE 8. PREVAILING WAGES. Contractor shall pay not less than the prevailing rate of wages in accordance with the Labor Code, which rates have been determined by the Director of the California Department of Industrial Relations and shall be made available at the office of the Town Clerk or may be obtained online at http//www.dir.ca.gov/dlse.

If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall pay the higher of the state or federal prevailing wage rates.

The wage rates must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]

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28314.00015\41921969.1
34 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

TOWN OF APPLE VALLEY KNC CONSTRUCTION, INC.

By: By:

Scott Nassif
Mayor
ATTEST:

Ms. 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

END OF CONTRACT
Malia Caminiti
President

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BA #

TOWN OF APPLE VALLEY

BUDGET AMENDMENT/TRANSFER REQUEST

PURPOSE

FROM ACCOUNT (DECREASE)
Fund Dept Amount Available After

TOTAL -

TO ACCOUNT (INCREASE)
Fund Dept Amount Available After
4710 2118 103,400 103,400
TOTAL 103,400
Transfer Reference Check 103,400
Note: Budget Transfers must have a net total of "$0.00" Date Date
Date Entered by Date
Additional appropriation to fund the dog kennel expansion Requesting Department Prepared By Date Prepared
Animal Services June 11, 2024
Animal Services Capital Projects 750100
Account Description Account No.

Department Director
Account Description Account No.

Town Manager
Finance Mgr. / Dir.of Finance

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Town Council Agenda Report
Date: June 25, 2024
To: Honorable Mayor and Town Council
Subject: AWARD MULTI-PARK BACKSTOP PROJECT NO. PR2024-02 B From: Douglas Robertson, Town Manager
Submitted by: Debbie Rivera, Parks and Recreation Manager Parks and Recreation Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council award a contract to Dantin Enterprises Inc. DBA All American Fence Erectors (“All American”) for the Multi-Park Backstop project in the amount of $179,200 and a 10% contingency of $17,920, for a total amount not to exceed $197,120.

BACKGROUND:

The Parks and Recreation Department was allocated funding for FY23/24 for park improvements at various facilities. Staff proposed the replacement of current baseball backstops at various park locations including James A. Woody Park, Mendel Park, Norm Schmidt Park, Sycamore Rocks Park, and Thunderbird Park. The project is to include the removal of select backstops at each park and the installation of new backstops.

On May 16, 2024, the Parks and Recreation Department advertised the project and the Town received sealed bids on June 10, 2024. The bid results were as follows:

Contractor Base Bid Price
Dantin Enterprises Inc. DBA All American
Fence Erectors $179,200.00
Quality Fence Co., Inc. $214,688.00
ANALYSIS:

The bid documents were reviewed by staff for accuracy and completeness. All American has successfully completed fencing projects previously for the Town. Staff considers All American to be a qualified, responsible, and responsive bidder. The project is tentatively

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scheduled to begin on July 10, 2024, and is expected to be completed within 35 working days.

FISCAL IMPACT:

Funds were included in the adopted FY2023-24 General Fund budget for Facilities Capital Projects account number 1001-10016036-750100, which will cover the total contract amount not to exceed $197,120 for this project.

ATTACHMENTS:

A. Area of Work
B. Contract for Construction

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Page 34 of 69 ends

28314.00015\41921969.1
1 SECTION 400 - CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made this 25th day of June, 2024, in San Bernardino County, State of California, by and between the Town of Apple Valley, hereinafter called Town, and Dantin Enterprises Inc., DBA All American Fence Erectors, hereinafter called Contractor. Town and Contractor agree, for valuable consideration, as follows:

Multi-Park Backstop Project
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 35 Working Days from the commencement date stated in the Notice to Proceed, hereafter the Contract Time. By its signature hereunder, Contractor agrees the Contract Time is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Ninety-Seven Thousand, One Hundred Twenty Dollars ($197,120.00), hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions.

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28314.00015\41921969.1
2 damages do not include damages the Town incurs on account of claims by third parties against the Town on account of any delay.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include only the following documents, each of which is incorporated into this Contract for Construction by reference:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
California Air Resources Board – Fleet Compliance Certification Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Standard Specifications
Addenda
Plans
Change Orders executed by Town
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

This Contract constitutes the full and complete agreement between the parties with regard to the Project and the Work, and supersedes any prior agreement of the parties, whether written or oral.

The Contract can be modified only by a written Change Order executed in accordance with the Contract Documents.

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28314.00015\41921969.1
3 ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall pay not less than the prevailing rate of wages in accordance with the Labor Code, which rates have been determined by the Director of the California Department of Industrial Relations and shall be made available at the office of the Town Clerk or may be obtained online at http//www.dir.ca.gov/dlse.

The wage rates must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]

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28314.00015\41921969.1
4 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

TOWN OF APPLE VALLEY CONSULTANT
By: By:

Scott Nassif Justin Noss
Mayor Vice President
ATTEST:

Ms. 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

END OF CONTRACT

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Town Council Agenda Report
Date: June 25, 2025
To: Honorable Mayor and Town Council
Subject: ADOPT RESOLUTION 2024-14, A RESOLUTION OF THE TOWN

COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
DESIGNATING JULY AS “PARKS MAKE LIFE BETTER” MONTH

From: Douglas Robertson, Town Manager
Submitted by: Debbie Rivera, Parks and Recreation Manager Parks and Recreation Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council adopt Resolution 2024-14 designating July as “Parks Make Life Better” Month.

BACKGROUND
Throughout Apple Valley’s history, Town leaders and residents have promoted Apple Valley as a healthy and attractive community with a unique landscape, a pleasant climate and a variety of outdoor recreation opportunities. We would like to designate the month of July as “Parks Make Life Better” Month to promote healthy outdoor recreation for our residents.

FISCAL IMPACT
No foreseeable fiscal impact.

ATTACHMENTS
A. “Parks Make Life Better” Resolution.

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RESOLUTION NO. 2024-14

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN

OF APPLE VALLEY DESIGNATING THE MONTH OF JULY

AS PARKS MAKE LIFE BETTER MONTH IN APPLE
VALLEY.

WHEREAS, Parks and Recreation promotes physical, emotional and mental health and wellness through organized and self-directed fitness, play, and activity; and WHEREAS, Parks and Recreation supports the economic vitality of communities by providing frontline jobs, childcare for the essential work force and promoting community revitalization; and
WHEREAS, Parks and Recreation fosters social cohesiveness in communities by celebrating diversity, providing spaces to come together peacefully, modeling compassion, promoting social equity, connecting social networks, and ensuring all people have access to its benefits; and
WHEREAS, Parks and Recreation supports human development and endless learning opportunities that foster social, intellectual, physical and emotional growth in people of all ages and abilities; and
WHEREAS, Parks and Recreation strengthens community identity by providing facilities and services that reflect and celebrate community character, heritage, culture, history, aesthetics and landscape; and WHEREAS, Parks and Recreation facilitates community problem and issue resolution by providing safe spaces to come together peacefully and facilitating conversations and services in order that our communities may heal both physically and emotionally; and
WHEREAS, Parks and Recreation sustains and stewards our natural resources by protecting habitats and open space, connecting people to nature, and promoting the ecological function of parkland; and
WHEREAS, Parks and Recreation supports safe, vibrant, and attractive communities that make life better through positive alternatives offered in their recreational opportunities; and
WHEREAS, The California Park & Recreation Society has released a statewide public awareness campaign, “Parks Make Life Better!®” to inform citizens of the many benefits of utilizing parks, facilities, programs, and services; now, therefore, be it resolved that the citizens of California recognize the importance of access to local parks, trails, open space, and facilities for the health, wellness, development, inspiration, and safety of all Californians.

BE IT FURTHER RESOLVED THAT:

We declare the month of July 2024 as “Parks Make Life Better!” Month in Apple Valley.

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2024-14
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 25th day of June 2024.
___________________
Mayor, Scott Nassif
ATTEST:
__________________________
Town Clerk, La Vonda M-Pearson

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Town Council Agenda Report
Date: June 25, 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. 2024-15, 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 Parks and Recreation Department, recommends adding the new classification of Entertainment Production Supervisor to the published classification and salary plan for future department development.
 Entertainment Production Supervisor – salary range 59: $5,759 to $8,138 monthly

FISCAL IMPACT
This new classification has been included in the FY 2024-25 budget.

ATTACHMENTS
A. Resolution 2024-15
B. Entertainment Production Supervisor
C. Updated Classification and Salary Plan

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RESOLUTION NO. 2024 –15

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 Entertainment Production Supervisor job classification as shown in Attachment B.

Section 3. The Town Council hereby adopts the revised Classification and Salary Plan as shown in Attachment C.

Section 4. 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 5. Effective Date. This Resolution is effective immediately. All resolutions, parts of resolutions in conflict herewith are hereby amended to be consistent herewith.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 25th day of June 2024.
_____________________________________
Scott Nassif, Mayor
ATTEST:
______________________________
La Vonda M-Pearson, Town Clerk

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Resolution No. Town of Apple Valley Page 1 of 4
FLSA: Exempt*

Entertainment Production Supervisor

SUMMARY
Under general supervision, coordinates, schedules, and supervises Singh Center and entertainment production operations; oversees, plans, and organizes entertainment events associated with specific recreation programs; performs the more technical and complex tasks relative to assigned area of responsibility; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Parks and Recreation Manager. Exercises general supervision over technical, part-time, seasonal, and volunteers responsible for assigned recreation program services and activities.

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:
 Supervises and coordinates production and technical functions for performing arts productions, including electrical and lighting standards, rigging and fly systems, carpentry and set construction and assembly, audio, video and special effects, and stage management; trouble-shoots and resolves technical and production problems.  Plans, coordinates, and supervises production crews and assignments, including load-ins, technical rehearsals, and performances.
 Selects, trains, assigns, and evaluates the work of professional and technical staff as part of the regular production team; establishes work schedules and approves time sheets and work records.
 Administers technical requirements, equipment maintenance standards, and stage safety functions by interfacing with artistic staff, producers, and promoters; acts as liaison during design and product meetings; attends first read-through, designer run, and technical rehearsals and pre-views, as needed; prepares and enforces policies and stage and production safety protocols; trains and indoctrinates staff.  Reviews design lighting and audio services requirements and plans production needs for each performance by considering scripts and technical requirements; considers rehearsal and pre-production needs as well as final production requirements.  Works with the Parks and Recreation Manager to provide input on season schedule and to consider design and production needs and feasibility based on staffing, equipment, and materials.
 Manages production and materials budgets, including equipment, labor, and supplies and coordinates maintenance needs with Facilities staff.

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Resolution No. Town of Apple Valley Page 2 of 4
 Negotiates with vendors to procure equipment and supplies within budgetary guidelines and maintains theater production inventory of equipment and materials.  Reviews contract riders pertaining to technical and associated production needs; prepares estimates for show costs for review with Parks and Recreation Manager.  Provides technical services to other users of the Singh Center and other Town facilities including but not limited to the Conference Center and other meeting spaces with audio/visual equipment, including rentals and use by other departments and agencies.  Participates in management and staff planning meetings regarding theater production operations needs and requirements.
 Prepares reports and maintains records related to programs and operations.  Develops, implements, and monitors goals, objectives, policies, and priorities for designated program areas reflective of the community's needs and the Town’s and Division's overall goals, policies, and ordinances, and in compliance with applicable Federal, State, and local rules, regulations, and guidelines.  Performs other duties as assigned.

DISTINGUISHING CHARACTERISTICS
This is the advanced supervisory-level class in the recreation series that oversees all major programs within entertainment and production. Specific responsibilities may vary, depending upon the site, programs, or projects to which assigned; however, all assignments require comprehensive knowledge of the development and provision of recreation services, entertainment and theater production, the ability to organize and oversee the work of staff and/or volunteers, and the ability to execute various administrative responsibilities. This class is distinguished from the Parks and Recreation Manager in that the latter has significant decisionmaking and management responsibility for all recreation and facilities maintenance and operations functions and activities of the Town.

MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:

Bachelor's degree from an accredited four-year college or university with a major in theater production, or a closely related field is highly desirable. Three years of progressively responsible technical experience in theater production is required.

LICENSE AND CERTIFICATION REQUIREMENTS
 Valid California class C driver’s license with satisfactory driving record and automobile insurance.

Knowledge of:
 Theater and production management practices, including stage set-ups, electrical and lighting, video production and special effects.
 Carpentry and rigging, painting and plastering, wardrobe administration, and construction trades practices; facility management, purchasing and inventory management, and equipment rental practices.
 Principles and practices of employee and volunteer supervision, including work planning, assignment, direction, review, and training, and performance evaluation.

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Resolution No. Town of Apple Valley Page 3 of 4
 Principles and practices of recreational program administration, including program development, implementation, review, and evaluation, budgeting, purchasing, and personnel management; service delivery needs related to the program area(s) to which assigned.  Applicable Federal, State, and local laws, codes, and regulations related to designated program area(s).
 Recent and on-going developments, current literature, and sources of information related to community program planning and administration.
 Safety principles and practices, including basic first aid and health/hygiene.  Record keeping principles and procedures.
 Modern office practices, methods, and computer equipment.  Computer applications related to the work.
 English usage, grammar, spelling, vocabulary, and punctuation.  Techniques for dealing effectively with the public, vendors, contractors, and Town staff, in person and over the telephone.
 Techniques for effectively representing the Town in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.
 Techniques for providing a high level of customer service to public and Town staff, in person and over the telephone.

Ability to:
 Plan, supervise, coordinate, review, and evaluate recreation programs.  Supervise, select, train, motivate, and evaluate the work of staff and volunteers.  Interpret and apply theater production design plans and specifications; analyze and solve technical problems; read scripts and set production needs and determine best design, staffing, and budget allocations.
 Interpret, apply, and explain applicable Federal, State, and local policies, procedures, laws, and regulations related to designated program area(s).
 Apply Town policies, procedures, and organizational priorities related to various recreational programs as needed.
 Plan, organize, direct, and oversee the implementation of a variety of recreational programs and/or other recreational programs suited to the needs of the community.  Effectively conduct meetings and make presentations to various groups.  Maintain facilities and equipment in a clean, safe, and secure manner.  Prepare clear and concise reports, correspondence, and other written materials.  Establish and maintain a variety of filing, record-keeping, and tracking systems.  Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines.

PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Must possess mobility to work in a standard office and/or recreational facility setting and use standard office and/or recreation equipment, including a computer; to operate a motor vehicle, and to visit various Town and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard. or calculator and to operate standard office equipment. Positions in this classification frequently bend, stoop, kneel, reach, climb, and walk on uneven surfaces to participate in recreational activities; and push and pull drawers open and closed to retrieve and file information.

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Resolution No. Town of Apple Valley Page 4 of 4
Employees must possess the ability to lift, carry, push, and pull materials and objects necessary to perform job functions.

The employee constantly works in a theater production center as well as in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. This classification will also work outdoors and may be exposed to inclement weather conditions and hot and cold temperatures. The employee is expected to work variable hours in order to supervise production staff given the theater performance schedule.

Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
*FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.

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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

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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

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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
Entertainment Production Supervisor 59 $5,759 to $8,138 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

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Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2023-2024
Facilities Supervisor 59 $5,759 to $8,138
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

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Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2023-2024
Innovation and Technology Technician 49 $4,499 to $6,357 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

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Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2023-2024
Public Works Manager 69 $7,372 to $10,417
Public Works Supervisor 59 $5,759 to $8,138
Public Works Technician 43 $3,879 to $5,482
Records Technician 41 $3,692 to $5,217
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

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Town Council Agenda Report
Date: June 25, 2024
To: Honorable Mayor and Town Council
Subject: FY 2024-25 STATE ADVOCACY SERVICES
From: Douglas Robertson, Town Manager
Submitted by: Julie Ryan, Special Projects Manager
Town Manager
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve a one-year extension to the Professional Services Agreement with Niemela Pappas & Associates for State Legislative Advocacy Services for Fiscal Year 2024-25.

BACKGROUND
The Town has contracted with state legislative advocacy firm Niemela Pappas & Associates (NPA) since January 2015. NPA acts as the Town’s liaison with the California Legislature and Administration in Sacramento advocating for the Town’s position on legislative, regulatory, and programmatic matters of interest. The Town has benefited from their presence in Sacramento due to the strong working relationships with the Governor, Legislature, and agencies of the State government by communicating and broadening the understanding of the Town’s priorities and needs.

ANALYSIS
NPA has worked with Town staff on numerous occasions to discuss specific legislative issues. NPA continues to update the Town on legislative issues and activity in Sacramento, including assisting in monitoring and tracking the progress of specific legislation and attending legislative hearings before Senate and Assembly Committees on the Town’s behalf.

The Town’s contract with NPA expired on June 30, 2024, and staff recommends a oneyear contract extension through June 30, 2025, allowing the State Advocacy Service contract to align with the Town’s fiscal year calendar. Staff further believes that NPA’s Scope of Work and monthly fee is commensurate with the work they have performed since 2015. Attached is the Scope of Services and Schedule of Compensation. If approved, either a new professional services agreement or a simple amendment to the

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existing agreement will be prepared for execution by the Town Manager depending upon the recommendation of the Town Attorney.

FISCAL IMPACT
NPA has a current fee of $3,000 per month plus reimbursement for approved expenses up to $200 per month, or $38,400 for Fiscal Year 2024-25. Funding has been included in the FY 2024-25 budget for State Legislative Advocacy Services.

ATTACHMENTS
A. FY 2024-25 Scope of Services and Schedule of Compensation

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ATTACHMENT “A”
TO

TOWN OF APPLE VALLEY AGREEMENT FOR LOBBYING SERVICES

SCOPE OF SERVICES
The scope of work to be provided by Niemela Pappas & Associates (“NPA”) to the Town of Apple Valley (“Town”) will include monitoring California’s legislative, regulatory, and administrative processes to identify potential legislation and administrative actions affecting the Town’s interests. In addition, NPA will provide advice and counsel, strategic planning, intelligence gathering, and lobbying related to the Town’s efforts to garner State funds for infrastructure improvements.

NPA’s role in monitoring and intelligence gathering will also be directed to frequent contact with legislators, the Governor’s Office, state agencies and key staff of primary committees affecting the Town. This contract is essential in order to obtain early notice regarding the development of future legislation and administrative actions affecting the Town’s interests. Through the establishment of a continued dialogue with legislators and agency representatives, NPA will keep policy makers aware of the potential effect of specific legislation and actions of relevance to the Town.

SCHEDULE OF COMPENSATION
Total compensation for work under this contract shall not exceed Three Thousand Dollars ($3,000.00) per month, plus approved expenses not to exceed Two Hundred Dollars ($200.00) per month, beginning July 1, 2024, through June 30, 2025.

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Town Council Agenda Report
Date: June 25, 2024
To: Honorable Mayor and Town Council
Subject: ADOPTION OF FISCAL YEAR 2024-25 APPROPRIATION LIMIT

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

RECOMMENDED ACTION
Adopt Resolution No. 2024-16 of the Town Council of the Town of Apple Valley, California, establishing the Fiscal Year 2024-25 Appropriations Limit for the Town at $51,569,491 by using the Town’s population growth for the population adjustment and the California per capita income growth for the inflationary adjustment.

BACKGROUND
Since the addition of Article XIII-B to the Constitution of California in November 1979, the Town has been required to annually establish an Appropriations Limit. The ideology behind establishing an annual appropriation limit is that if an agency’s ability to spend tax proceeds each year is controlled, then the growth in tax revenues can be systematically and incrementally managed to lessen the impact or tax burden upon taxpayers throughout the State.

In June 1990, Article XIII-B and its implementing legislation Chapter 1205/80 were modified by Proposition 111 and SB 88. The modifications changed the annual adjustment factors for determining the Appropriations Limit. Beginning with the calculation of the Appropriations Limit for Fiscal Year 1990-1991, the Town may choose one of the following factors to use for inflationary adjustment:
 The growth in California per capita income; or
 The growth in the non-residential assessed valuation due to new construction within the Town.

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In addition, the Town may choose to use either the population growth of the Town or the population growth within the County. These two adjustment factors, one for inflation and one for population, are both annual elections for the Town in determining its Appropriations Limit.

ANALYSIS
The methodology used to determine the Town’s Appropriations Limit is to multiply the inflation and population adjustment factors by the prior year’s Appropriations Limit. For Fiscal Year 2024-25, the inflation and population figures provided by the State Department of Finance are as follows:

California Per Capita Income Percentage Change 3.62%
Town of Apple Valley’s Population Growth -0.24%
Since the growth in non-residential assessed valuation due to new construction is not available at this time, the growth in California Per Capita Income must be used as the inflationary factor. The Town’s Appropriations Limit for Fiscal Year 2024-25 is calculated at $51,569,491. This amount is the result of applying the 3.62% California per capita personal income factor and the -0.24% Town of Apple Valley population growth factor to the Fiscal Year 2023-24 adopted Appropriations Limit of $49,887,624.

The total estimated revenues generated from general tax proceeds for Fiscal Year 2024- 25 is $29,712,500. This estimate is $21,856,991 or 42.38% below the proposed Appropriations Limit for Fiscal Year 2024-25.

FISCAL IMPACT
The Town’s total estimated revenue from general tax proceeds is $29,712,500 or 42.38% below the proposed Fiscal Year 2024-25 Appropriations Limit. Therefore, the Town is well within its Appropriations Limit established pursuant to Section 7910 of the Government Code of the State of California and will not exceed this limit during Fiscal Year 2024-25.

ATTACHMENTS
A. Resolution No. 2024-16.

B. Calculation of Appropriation Limit.

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RESOLUTION NO. 2024-16

A RESOLUTION OF THE TOWN COUNCIL OF THE

TOWN OF APPLE VALLEY, CALIFORNIA,
ESTABLISHING THE FISCAL YEAR 2024-25

APPROPRIATION LIMIT FOR THE TOWN OF APPLE
VALLEY
WHEREAS, Article XIIIB of the California Constitution and Section 7910 of the California Government Code require that each year the Town of Apple Valley shall, by resolution, establish an appropriations limit for the Town for the following fiscal year; and WHEREAS, the Director of Finance of the Town has heretofore prepared and submitted data and documentation required for and to be used in the determination of an appropriations limit for the Town for Fiscal Year 2024-25 and such data and documentation has been available to the public for at least fifteen (15) days prior to adoption of this Resolution; and
WHEREAS, the Town of Apple Valley established its Fiscal Year 2023-24 Appropriation Limit of $49,887,624 (Forty-Nine Million, Eight Hundred Eighty-Seven Thousand, Six Hundred Twenty-Four Dollars); and
WHEREAS, to the best of the Town's knowledge and belief the State Department of Finance figures reflect the following statistics relevant to the calculation of the Fiscal Year 2024-25 Appropriation Limit:

Per Capita Personal Income Change for Fiscal Year 2024-25: 3.62% Population Adjustment - January 1, 2024: -.24%

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

Section 1. Based on the foregoing figures and the provisions of Article XIIIB of the Constitution of the State of California, the following figure accurately represents the Fiscal Year 2024-25 Appropriation Limit of the Town of Apple Valley to be $51,569,491 (and said sum is hereby determined and established as the appropriation limit for the Town of Apple Valley for Fiscal Year2024-25).

Section 2. The Town Clerk shall certify to the passage of the Resolution.

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Resolution 2024-16
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 25th day of June 2024.
________________________________
ATTEST: Scott Nassif, Mayor
__________________________________
La Vonda M-Pearson, Town Clerk

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FY 2024-25
Change in Per Capita Personal Income 3.62%
Town Population Growth -0.24%
Per Capita Personal Income Converted to a Ratio 1.0362
Population Change Converted to a Ratio 0.9976
Calculation of Growth Factor 1.0337
FY 2023-24 Appropriation Limit $49,887,624
FY 2024-25 Appropriation Limit $51,569,491
Fiscal Year 2024-25
Appropriation Limit Computation
Town of Apple Valley

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Town Council Agenda Report
Date: June 25, 2024
To: Honorable Mayor and Town Council
Subject: RESOLUTION OF THE TOWN OF APPLE VALLEY COUNCIL

ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT
BUDGET FOR FISCAL YEAR 2024-25

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

RECOMMENDED ACTION
Adopt Resolution No. 2024-17 of the Town Council approving the operating and capital improvement budget for Fiscal Year (FY) 2024-25.

BACKGROUND
The proposed budget represents the Town Manager’s recommended financial plan for FY 2024-25 to address Council’s spending priorities within current fiscal constraints and to fulfill the service expectations of the community. The gap between service expectations and fiscal reality has gradually widened over the last ten (10) years. New programs and services have been added over the last ten (10) years with no significant sources of new resources identified to provide for the new funding requirements. These conditions coupled with normal inflationary increases and the lingering impacts of the past recessionary cycle, and the economic impact of the most recent national pandemic have placed increased pressure upon existing resources and eliminated budgetary flexibility that had existed previously. The focus in this year’s budget process was on scaling expectations and services to a level that is supportable within existing fiscal constraints.

The proposed appropriation budget for all funds is summarized in the following table:

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The total FY 2024-25 proposed appropriations for all funds are $139,090,597. The proposed operating budget increased from $108,673,055 in FY 2023-24 to $110,024,706 in FY 2024-25, an increase of $1,351,651 or 1.2%. The increase in the proposed operating budget is primarily due to the inflationary factors impacting the cost of living and operating costs to the Town in addition to an increase of 9.5 Full-Time-Equivalent staff members Townwide. The proposed Transfers in/out decreased from $887,500 ($470,000 and $417,500 from General Fund to the Golf Course Fund and Singh Center Fund, respectively) to $787,560 one transfer from the General Fund to the Singh Center Fund in FY 2024-25. The proposed Capital Improvement Budget increased from $18,007,682 in FY 2023-24 to $28,278,331 in FY 2024-25, an increase of $10,270,649 or 57%. The increase in the proposed budget for the Capital Improvement Program is primarily due to the inclusion of $15.1 million for the Bear Valley Bridge Rehabilitation (Mojavie Desert Bridge) project, which is funded by Measure I, and Federal and State grants.

The following table summarises the total resources and uses for the proposed Fiscal Year 2024-25 General Fund budget:

The General Fund revenue budget increased by $2.7 million, or 7.3% compared to the amended revnue budget in FY 2023-24. This increase is due mainly to a $1 million increase in property taxes, $330,000 in animal shelter revenue, $460,000 in planning and Appropriations
Proposed
FY 2024-25
Amended
FY 2023-24
Increase
(Decrease)
Percent
Change
Operating Budget $ 110,024,706 $ 108,673,055 $ 1,351,651 1.2% Transfers in/out 787,560 887,500 (99,940) -11.3%
Capital Budget 28,278,331 18,007,682 10,270,649 57.0%
$ 139,090,597 $ 127,568,237 $ 11,522,360 9.0%

PROPOSED APPROPRIATION BUDGET - ALL FUNDS
Estimated Revenue $ 39,392,490
Proposed Expenditure Budget (42,512,813)
Revenue Over (Under) Expenditure $ (3,120,323)

GENERAL FUND SUMMARY

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code enforecement, and $400,000 in recreation. The total proposed General Fund expnditure budget is $42,512,813, an increase of $645,525, or 1.5% compared to the amended expenditure budget in FY 2023-24. This increase reflects inflationary adjustment to personnel, services, and supplies expenditure budget. The proposed General Fund budget for Fiscal Year 2024-25 is expected to utilize $3.1 million from General Fund reserve.

FISCAL IMPACT
Adoption of the attached resolution will approve the Town’s $129,171,507 revenue and $139,090,597 appropriation budgets for FY 2024-25.

ATTACHMENTS
This is for attachments, if your report does not have attachments then delete this heading.

If you do have attachments please number them:

A. Resolution Number 2024-17
B. Proposed Budget – Available online at www.applevalley.org

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RESOLUTION NO. 2024-17

RESOLUTION OF THE TOWN OF APPLE VALLEY

COUNCIL ADOPTING THE OPERATING AND CAPITAL
IMPROVEMENT BUDGET FOR FISCAL YEAR 2024-25
WHEREAS, the Town has been notified of funding for Capital Projects by the State and by San Bernardino Council of Governments, the following represents current funding levels and adjustments as necessary,and
WHEREAS, the Town Manager have heretofore submitted to the Town Council a proposed budget for the Town for Fiscal Year 2024-25, as the same may have been revised by the Town Council, a copy of which is attached, and copies of which are in the possession of and in the office of the Town Clerk and the Director of Finance; and WHEREAS, the said proposed budget contains estimates of the services, activities and projects comprising the budget, and contains expenditure requirements and the resources available to the Town; and
WHEREAS, the appropriations limit for the Town for Fiscal Year 2024-25 is $51,569,491 (Fifty-One Million Five Hundred Sixty-Nine Thousand Four Hundred NinetyOne Dollars), and the total annual tax revenues subject to such limitation for Fiscal Year 2024-25 are estimated to be $29,712,500; and
WHEREAS, the Town Council has made such revisions to the proposed budget as appears to be desirable; and
WHEREAS, the proposed budget, as herein approved, will enable the Town Council to make adequate financial plans and will ensure that Town officers can administer their respective functions in accordance with such plans,

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

SECTION 1: That the appropriation-expenditure budgeting system is hereby adopted. The system consists of:

A. Present Personnel Policies and Procedures, including salary schedules and benefits, except as hereinafter changed by resolution or ordinance of the Town Council.

B. An appropriation-expenditure system which will show budgetary categories bydepartment.

C. The system mentioned above will apply to Operating and Capital Improvement Budget expenditures as intended for use in Fiscal Year 2024- 25.

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Resolution No. 2024-17
D. The Town Manager is authorized to transfer Operating Budget Appropriation Balances between functions and/or programs when he deems it necessary to do so.

E. Budget system assumes existing service levels; Council approval will be required for any significant changes involving increased or decreased service levels.

F. The Director of Finance shall be responsible for constant monitoring of the budget and shall establish and implement appropriate control mechanisms necessary for said purpose, after approval of the Town Manager.

G. A monthly report shall be prepared by each department and/or project indicating any changes in service levels and the progress each entity has achieved or failed to achieve and the reasons for said status, if they have not obtained results. Each manager shall be accountable for achieving results of his/her organization unit based upon the objectives set for each unit by the Town Manager and Town Council and shall be evaluated as to their performance in an annual performance appraisal conducted by the Town Manager.

H. A deflator procedure, to be administered by the Town Manager, is hereby established for reducing appropriations in the event that projected revenues are reduced due to a reduction in the State subventions or other revenues that may fluctuate downward due to changes in economic conditions. For Fiscal Year 2024- 25, the amount of Total Operating and Capital Budget Appropriation shall be reduced, as determined by the Town Manager based on his assessment of total Townneeds.

I. A monthly status report will be available up request for the Town Council reflecting budget, year-to- date expenditures, and percentage used by each department and fund of the Town.

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Resolution No. 2024-17
SECTION 2: The proposed budget forthe Town of Apple Valley forthe Fiscal Year 2024-25 is hereby approved and adopted, and the amounts of proposed expenditures as specified are appropriated for the budget programs and units as herein specified.

A. The Fiscal Year 2024-25 Operating and Capital Improvement Budget programsare hereby adopted, establishing the following expenditure levels:
1 TOWN COUNCIL 278,171
2 TOWN ATTORNEY 350,000
3 TOWN MANAGER 692,808
4 FINANCE 1,218,090
5 TOWN CLERK 822,189
6 PUBLIC INFORMATION 469,779
7 HUMAN RESOURCES 472,375
8 INFORMATION TECHNOLOGIES 2,426,284
9 GENERAL GOVERNMENT 1,536,160
11 PUBLIC SAFETY 19,524,260
12 EMERGENCY PREP 42,500
13 ANIMAL SERVICES 3,227,620
14 CODE ENFORCEMENT 551,527
15 BUILDING & SAFETY 986,400
16 ECONOMIC DEVELOPMENT 245,085
17 ENGINEERING 874,348
18 PLANNING 1,293,525
20 AQUATIC PROGRAMS 539,924
21 RECREATION PROGRAMS 1,849,364
22 RECEREATION ADMIN 179,867
10 PUBLIC FACILITIES 2,040,828
19 GROUNDS 2,891,709
23 GAS TAX 1,915,403
24 ROAD MAINTENANCE AND REHAB 1,968,573
25 LOCAL TRANSPORTATION 600,000
26 MEASURE I 4,892,094
27 CDBG 810,851
28 APPLE VALLEY HOME 778,077
29 VICTORVILLE HOME 1,473,748
30 HOME ARP 220,000
31 CAL HOME 287,000
32 PEG CHANNEL FUND 80,000
33 QUIMBY 1,325,000
34 ASSESSMENT DISTRICT LL 535,000
35 ECON DEV NAVISP INFR 100,000
36 ENG CAP IMP TIF 18,512,348
37 IT SANITARY SEWER FA 45,720
38 PBID 534,416
40 WASTEWATER FUND 9,790,253
41 WASTE MANAGEMENT FUND 15,785,859
42 APPLE VALLEY GOLF COURSE 1,660,094
43 APPLE VALLEY CHOICE ENERGY 34,475,788
44 SINGH CENTER 787,560
TOTAL OPERATING & CAPITAL EXPENDITURES $139,090,597

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Resolution No. 2024-17
B. The Revenue Budget are hereby adopted establishing a revenue base by which the Town expenditures will be measured:

SECTION 3: Pursuant to Section 53901 of the California Government Code, within 60 days after the adoption hereof, the Town Clerk shall file a copy of this resolution with the Auditor of the County of San Bernardino.

SECTION 4: Within fifteen days after the adoption of this resolution, the Town Clerk shall certify to the adoption hereof and, as so certified, cause a copy to be posted in at least three public places within the boundaries of the Town. 1 GENERAL FUND 39,392,490
2 STREET MAINT FUND (GAS TAX) 2,153,916
3 SB1 ROAD MAINT REHAB 1,968,573
4 LOCAL TRANSPORTATION 600,000
5 MEASURE I 4,892,094
6 CDBG 1,180,900
7 HCD STATE PROGRAM 80,000
8 APPLE VALLEY HOME 810,000
9 QUIMBY 340,000
10 PEG CHANNEL FUND 130,000
11 POLICE GRANT 25,000
12 ASSESSMENT DISTRICT LL 265,000
13 PBID 394,416
14 CAPITAL IMPROVEMENT TIF FUND 18,512,348
15 WASTEWATER FUND 6,771,000
16 WASTE MANAGEMENT FUND 14,920,000
17 APPLE VALLEY GOLF COURSE 847,210
18 APPLE VALLEY CHOICE ENERGY 35,101,000
19 SINGH CENTER 787,560
TOTAL REVENUE BUDGET $129,171,507

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Resolution No. 2024-17
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 25th day of June, 2024.
____________________________
ATTEST: Scott Nassif, Mayor
__________________________________
La Vonda M-Pearson, Town Clerk

Page 69 of 69 ends

Apple Valley City CouncilJune 25, 2024

Apple Valley City Council
June 25, 2024