Apple Valley City Council
December 10, 2024

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, December 10, 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 Johnny Lewis from Grace Christian Community Church

2.2 Pledge of Allegiance

2.3 National Anthem
Granite Hills High School Choir

2.4 Presentations

3. Canvass of Election Returns

3.1 RESULTS OF CANVASS OF ELECTION RETURNS OF THE TOWN OF

APPLE VALLEY GENERAL MUNICIPAL ELECTION HELD NOVEMBER
5, 2024 AND ADOPT RESOLUTION NO. 2024-34 RECITING THE FACT

OF THE ELECTION AND SUCH OTHER MATTERS PROVIDED BY
LAW
7 Adopt Resolution No. 2024-34 Reciting the Fact of the Election and Such other Matters Provided by Law.

3.2 INSTALLATION OF NEWLY ELECTED COUNCIL MEMBERS

PURSUANT TO THE RESULTS OF THE GENERAL MUNICIPAL
ELECTION HELD NOVEMBER 5, 2024
14 Installation of Officers.

3.3 SELECTION OF MAYOR PRO-TEMPORE 15
Council to select one (1) of its number as Mayor Pro Tempore.

3.4 RECESS FOR REORGANIZATION OF THE APPLE VALLEY TOWN

COUNCIL
Recommended Motion:

That the Town Council of the Town of Apple Valley Recess for Reorganization

4. Mayor's Youth Leadership Summit - Mock Council Presentation

4.1 CONSIDERATION OF FUNDING FOR THE HOMELESS CARE

PACKAGE PROJECT
16 That the Town Council approve an expenditure of up to $2,500 to provide funding for the Homeless Care Package project.

4.2 PRESENTATIONS
Presentation of plaques to this years Mayor's Youth Leadership Summit sponsors.

5. Public Comments

6. Councilmember Committee/Commission/Community Participation 17 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.

7. Town Council Announcements

7.1 Suggested items for next Agenda

7.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - January 8, 2025 - Council Chamber Regular Session at 6:30 p.m.

8. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 8.1 - 8.12 as recommended.

8.1 APPROVAL OF MINUTES 19
That the Town Council approve the subject minutes as part of the consent agenda.

8.2 NOVEMBER 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER

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

8.3 NOVEMBER 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE 45 That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.

8.4 APPROVING AND AUTHORIZING TRANSMITTAL OF A RECOGNIZED

OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET
FOR FY 2025-26
47 Adopt Resolution No. SA 2024-01 approving and authorizing transmittal of a Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2025-26.

8.5 APPROVING THE RETURN OF THE CALIFORNIA WATER &
WASTEWATER ARREARAGE GRANT OF $5,749,510.29 TO THE

STATE WATER RESOURCES CONTROL BOARD
59 Approve the return of the California Water and Wastewater Arrearage grant of $5,749,510.29 to the State Water Resources Control Board.

8.6 APPROVE ADDENDUM NO. 1 TO R.T. DESAI & ASSOCIATES FY 2024-25 PROFESSIONAL SERVICES AGREEMENT AND ADDITIONAL
APPROPRIATION OF $100,000.00
61 Approve Addendum No. 1 to R.T. Desai & Associates’ Professional Services Agreement for continued accounting and finance assistance and additional appropriation of $100,000 for fiscal year 2024-25.

8.7 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT 76
Award a contract to J. Allison Construction, for the Residential Rehabilitation Loan Program applicant H25-06, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

8.8 ACCEPT STREET, LANDSCAPING AND DRAINAGE EASEMENTS
AND ANNEX TRACT 17247 INTO THE TOWN’S LIGHTING AND

LANDSCAPE ASSESSMENT DISTRICT
85 That the Town Council:

Direct the Town Engineer, on behalf of the Town Council, to accept all interior streets, drainage, retention basin, and landscape easements as shown within Tract 17247.

A.

Adopt Resolution No. 2024-35, A Resolution of the Town
Council of the Town of Apple Valley initiating proceedings for an annexation of territory into the Apple Valley Landscaping and Lighting Assessment District No. 1, L-24.

B.

Receive and approve the Engineer's Report as filed or as amended (Note: The Engineer’s report has already been filed and is made a part of this agenda item for the Council’s review and approval)
C.

D. Receive and approve the Landowner’s consent.

Adopt Resolution No. 2024-36, A Resolution of the Town
Council of the Town of Apple Valley declaring its intention to annex territory into the Apple Valley Lighting and Landscaping Assessment District No. 1, L-24 ordering improvements, and to levy and collect assessments pursuant to the Lighting and Landscaping Act of 1972.

E.

8.9 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN FOR

THE TOWN OF APPLE VALLEY
128
Approve Resolution No. 2024-37, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan.

8.10 APPROVE EXPANSION OF THE POWER CHOICE SOLAR AND
BATTERY PROGRAM AND AMENDMENT NO. 1 TO THE POWER

CHOICE PROGRAM MANAGEMENT AGREEMENT
146
That the Town Council authorize the Town Manager, or his designees, to negotiate and execute all agreements, including non-substantive changes, related to the expansion of Apple Valley’s Power Choice Program through a partnership with Participate Energy, LLC (PE) in a form approved by the Town Attorney.

8.11 APPLE VALLEY CHOICE ENERGY – 2023 POWER CONTENT LABEL

AND ATTESTATION
172
Provide the attestation specified under California’s Power Source Disclosure (PSD) Program, which requires the governing council of a public agency providing retail electric service to endorse the accuracy of each annual report and power content label, as submitted to the California Energy Commission (CEC), for the previous year. In the case of Apple Valley Choice Energy (AVCE), such attestations will be based on the California Choice Energy Authority’s (CalChoice) technical review and will address the 2023 Annual Reports and Power Content Labels (PCL) prepared for the AVCE community choice aggregation (CCA) program.

8.12 AUTHORIZATION TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

AND AUTHORIZE THE EXAMINATION OF SALES OR

TRANSACTIONS AND USE TAX RECORDS
190
That the Town Council
Adopt Resolution No. 2024-38 authorizing the Town Manager to execute agreements with the California Department of Tax and Fee Administration (CDTFA) for implementation and
administration of a Local Transactions and Use Tax (Attachment A).

A.

Adopt Resolution No. 2024-39 authorizing the examination of Sales or Transactions and Use Tax records (Attachment B); and B.

Authorize the Town Manager to amend the agreement with
Hinderliter, De Llamas, and Associates (HdL Companies) to include Transactions and Use Tax Audit and Information
Services.

C.

9. Public Hearings

10. Business of the Council

10.1 VACANCY ON THE COMMUNITY DEVELOPMENT CITIZENS

ADVISORY COMMITTEE
224
Council Member Bishop to nominate: ____________ to the Town of Apple Valley Community Development Citizens Advisory Committee.

11. Reports, Requests and Communications

12. Town Manager’s Comments & Legislative Update

13. Closed Session

14. Adjournment
Recommended Motion:

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

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: RESULTS OF CANVASS OF ELECTION RETURNS OF THE TOWN

OF APPLE VALLEY GENERAL MUNICIPAL ELECTION HELD
NOVEMBER 5, 2024 AND ADOPT RESOLUTION NO. 2024-34

RECITING THE FACT OF THE ELECTION AND SUCH OTHER

MATTERS PROVIDED BY LAW
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services Government Services Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Adopt Resolution No. 2024-34 Reciting the Fact of the Election and Such other Matters Provided by Law.

SUMMARY:

With the consolidation of the Town of Apple Valley, General Municipal Election, the Town of Apple Valley Town Council authorized the San Bernardino County, Registrar of Voters, to canvass the returns of the election as adopted in Resolution No. 2024-12 adopted on June 25, 2024.

The Elections Office of the County Registrar of Voters has certified the results to this Town Council election held on November 5, 2024. The results are complete and will be attached and made a part hereof as Exhibit "A" to subject Resolution No. 2024-34 upon receipt by the Elections Office.

ATTACHMENTS
A Resolution 2024-34

RESOLUTION NO. 2024-34

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY, CALIFORNIA, RECITING THE FACTS OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024 DECLARING
THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

WHEREAS, a General Municipal Election was held and conducted in the Town of Apple Valley, California, on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Election Code of the State of California for the holding of elections in general law cities; and
WHEREAS, pursuant to Resolution No. 2024-11 adopted June 25, 2024, the County Elections Department canvassed the returns of the election and has certified the results to this Town Council, the results are complete and will be made a part hereof as “Exhibit A” when provided by the Elections Office.

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

SECTION 1. That the Town of Apple Valley has a total of 46,544 registered voters.

The whole number of ballots cast in the Town was 31,958 (68.66%).

SECTION 2. That the Town of Apple Valley, Mayor has a total of 46,544 registered voters. The whole number of ballots cast for Mayor was 31,956(68.66%).

SECTION 3. That the Town of Apple Valley, District 1 has a total of 11,355 registered voters. The whole number of ballots cast in District 1 was 7,562 (66.60%).

SECTION 4. That the Town of Apple Valley, District 2 has a total of 13,853 registered voters. The whole number of ballots cast in District 2 was 10,641 (76.81%).

Resolution 2024-34
SECTION 5. That the General Municipal Election was held for the purpose of: (1) electing two (2) members to the Town Council for the full term of four (4) years for District 1 and District 2; and (2) for the purpose of submitting the following Measure, Measure O, to the qualified voters of the Town of Apple Valley:

MEASURE P
“Town of Apple Valley Public Safety/Town Services Measure:

Shall the measure funding Town of Apple Valley services such as maintaining 911 response times, safe routes to schools programs; responding to property crimes/thefts/burglaries; hiring/retaining sheriff’s deputies; repairing streets/potholes; retaining/attracting local businesses; addressing homelessness; cleaning/maintaining public areas/parks; general town services; by establishing a 1¢ sales tax providing approximately $9,000,000 annually until ended by voters; requiring audits/public spending disclosure, all funds used locally, be adopted?” SECTION 6. That the number of votes given at each District and the number of votes given in the Town for each candidate are attached as Exhibit A.

SECTION 7. The Town Council does declare and determine that: As a result of the election, a majority of the voters, voting on electing the Mayor of Apple Valley for the full term of Two (2) Years did vote to elect as follows:

Mayor
Scott Nassif – 23,188 (100%)
SECTION 8. The Town Council does declare and determine that: As a result of the election, a majority of the voters in each District, voting on electing a member of the Town Council for the full term of four (4) years for District 1 and District 2 did vote to elect as follows:

District 1
Larry Cusack – 5,248 (100%)
District 2
Art Bishop – 7,190 (77.63)
As a result of the election, a majority of voters voting on Measure P to enact a sales tax at the rate of 1% in the Town of Apple Valley did vote to approve the measure as follows:

Yes: 19,255 (64.31%)
No: 10,688 (35.69%)

Resolution 2024-34
SECTION 9. That the Town Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the Town Clerk and authenticated; that the Town Clerk or designee shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the Town Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 10. 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 10th day of December 2024.

Scott Nassif, Mayor
ATTEST:
_______________________________
La Vonda M-Pearson, Town Clerk

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: INSTALLATION OF NEWLY ELECTED COUNCIL MEMBERS

PURSUANT TO THE RESULTS OF THE GENERAL MUNICIPAL
ELECTION HELD NOVEMBER 5, 2024
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services Government Services Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Installation of Officers.

Oath of Office to be Administered to Council Member Art Bishop Oath of Office to be Administered to Council Member Larry Cusack Oath of Office to be Administered to Mayor Scott Nassif Town Clerk will present each newly elected Council Member and Mayor a Certificate of Election.

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: SELECTION OF MAYOR PRO-TEMPORE
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services Government Services Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Council to select one (1) of its number as Mayor Pro Tempore.

SUMMARY
It would be appropriate at this time for the new Council Members to participate in the selection of Mayor Pro Tempore for the reorganization of the Town Council.

The Town Council selects one (1) of its own to serve as Mayor Pro Tempore. The person so selected shall serve until a successor is chosen (at any time) by three (3) or more affirmative votes, provided, that the first (1st) regular meeting in December of each year in which there is not an election, the office of Mayor Pro Tempore shall automatically be reconsidered by the Council.

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: CONSIDERATION OF FUNDING FOR THE HOMELESS CARE

PACKAGE PROGRAM
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services Government Services Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve an expenditure of up to $2,500 to provide funding for the Homeless Care Package program.

BACKGROUND
The Mayor’s Youth Leadership Summit (MYLS) was held on November 19, 2024.

Students were divided into five (5) groups and presented a project in which they were required to develop a presentation to present to the Mock Youth Town Council for funding.

Each of the projects submitted by department managers could be implemented in a short time frame and have a positive impact on Town services. This year, the Mock Youth Council recommended for consideration to the Apple Valley Town Council a Homeless Care Package project.

ANALYSIS
In 2023 the San Bernardino County homeless community continued to increase with the High Desert continuing to hold the highest percent of these individuals. While the High Desert offers multiple resources including shelters, food banks, and job resources the Town of Apple Valley field officers continue to encounter individuals in need of necessities. The goal of this project will be to create care packages that field staff can provide to individuals in need.

FISCAL IMPACT
This is a budgeted item at $2,500 from the General Fund.

TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS

CITIZEN ADVISORY COMMITTEES

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

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

TRAFFIC ADVISORY COMMITTEE (TAC)
Mayor Nassif
As needed.

Town Council Chambers

TOWN PERSONNEL COMMITTEE
Mayor Nassif
Mayor Pro-Tem Bishop
Meets as Needed

PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Council Member Emick

AD HOC COMMITTEES

APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif

VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick

SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA

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

AGENCY - BOARDS/COMMITTEES &

COMMISSIONS

CALIFORNIA JOINT POWERS INSURANCE

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

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

MOJAVE DESERT AIR QUALITY MANAGEMENT

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

MOJAVE DESERT AND MOUNTAIN RECYCLING

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

SAN BERNARDINO COUNTY TRANSPORTATION

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

San Bernardino

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

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

VICTOR VALLEY ECONOMIC DEVELOPMENT

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

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

VICTOR VALLEY WASTE WATER RECLAMATION

AUTHORITY (VVWRA)

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

VVWRA Offices

GREATER HIGH DESERT CHAMBERS

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

Town Council Agenda Report
Date: December 10, 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 Government Services Department
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 November 12, 2024.

Apple Valley Town Council

MINUTES
November 12, 2024, 6:30 p.m.

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

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 Kit Johnson Life Point Baptist Church

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

2.3 Presentations
Employee of the Quarter - Fourth (4th) Quarter - Shannon Dunkle, Public Relations Specialist

3. Public Comments
Theodore Trentman, expressed concern regarding the Apple Valley Animal Shelter.

Marcy Taylor, Apple Valley, commented on recent events and historical activities that have taken place within the community. She also thanked the Mayor and Council for their attendance at some of the events.

Town of Apple Valley Town Council Minutes November 12, 2024 2 Larry Parks, President, Sun City Apple Valley, congratulated the Council on a successful election.

Rusty Green, Apple Valley, congratulated the Council on a successful campaign with the passage of Measure P.

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

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

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

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

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

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

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

5. Town Council Announcements

5.1 Suggested items for next Agenda

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - December 10, 2024 - Council Chamber Regular Session at 6:30 p.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 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 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

Town of Apple Valley Town Council Minutes November 12, 2024 3 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.

Council Member Leon asked for a brief report on Agenda Item Number 6.8, explaining what chip seal entails.

Richard Pedersen, Town Engineer, presented the staff report as filed with the Town Clerks Office.

Mayor Pro Tem Bishop commented on Agenda Item 6.10 regarding the Pickleball project.

Motion by: Council Member Leon
Seconded by: Council Member Emick
To approve the Consent Calendar items numbered 6.1 - 6.13 as recommended.

Carried

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

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

6.4 PROFESSIONAL SERVICES AGREEMENT WITH MDG ASSOCIATES

INC-THIRD AMENDMENT
Approve the extension of the Professional Services Agreement between the Town of Apple Valley and MDG Associates Inc. for an additional term of two (2) years.

Town of Apple Valley Town Council Minutes November 12, 2024 4 6.5 ACCEPT THE FINAL MAP FOR PARCEL MAP NO. 20778 APPLICANT:

ALTEC LAND PLANNING
It is recommended that the Town Council accept the final map for Parcel Map No. 20778.

6.6 ACCEPTANCE OF WORK FOR MODULAR KENNELS AT APPLE

VALLEY SHELTER
That the Town Council:

A. Accept the work completed by Hitt Construction Company, Inc. as part of the Apple Valley Animal Shelter Concrete Foundation - project No. 2024-0065 for a total cost of $70,000.

B. Approve budget amendment totaling $26,500.

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

D. 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.

6.7 ACCEPTANCE OF WORK FOR THE YUCCA LOMA ROAD WIDENING

PROJECT
That the Town Council:

A. Accept the work completed by Onyx Paving Company, Inc. for the Yucca Loma Road Widening project for a total contract cost of $1,572,179.89.

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.

6.8 ACCEPTANCE OF WORK FOR THE CHIP SEAL 2024 PROJECT
That the Town Council:

A. Accept the work completed by American Pavement Systems, Inc. for the Chip Seal 2024 project for a total contract cost of $2,217,506.20.

Town of Apple Valley Town Council Minutes November 12, 2024 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 ACCEPTANCE OF WORK FOR THE DOUBLE MODULAR DEMOLITION

PROJECT
That the Town Council:

A. Accept the work completed by Unlimited Environmental, Inc. as part of the Double Modular Demolition Project for a total contract cost of $78,709.48.

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

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

6.10 AWARD DESIGN SERVICES FOR THE CIVIC CENTER PARK
PICKLEBALL PROJECT NO. PR 2024-04
That the Town Council award a professional services contract to KimleyHorn and Associates, Inc. for the design of the Civic Center Pickleball Court Project in the amount of $176,741 and a 10% contingency of $17,674, for a total amount not to exceed $194,415.

6.11 APPROVE PURCHASE OF PLAYGROUND STRUCTURE AND RUBBER SURFACING FOR CAPTAIN JOSEPH MCCONNELL JR. USAF PARK
(MCCONNELL PARK)
That the Town Council approve and authorize the Town Manager or his designee to approve the price proposal and authorize a purchase order with Playcore Wisconsin, Inc. dba GameTime, for the purchase and installation of one playground structure including pour-in-place rubber surfacing in the amount not to exceed $412,078.44. The new playground will be installed at the Captain Joseph McConnell Jr. USAF Park (McConnell Park).

6.12 APPROVE PURCHASE AND INSTALLATION OF RUBBER TRACK
SURFACING FOR CAPTAIN JOSEPH MCCONNELL JR. USAF PARK
(MCCONNELL PARK)

Town of Apple Valley Town Council Minutes November 12, 2024 6 That the Town Council approve and authorize the Town Manager or his designee to approve the price proposal and authorize a purchase order with Benyon Sports Surfaces, Inc. for the purchase and installation of new synthetic sports track surfacing in the amount not to exceed $221,309. The new synthetic track surfacing will be installed at the Captain Joseph McConnell Jr. USAF Park (McConnell Park).

6.13 APPROVE PURCHASE OF TWO SHADE STRUCTURES FOR CAPTAIN JOSEPH MCCONNELL JR. USAF PARK (MCCONNELL PARK)
That the Town Council approve and authorize the Town Manager or his designee to approve the price proposal and authorize a purchase order with Icon Shelter Systems for the purchase of two shade structures in the amount not to exceed $74,500.01. The new shade structures will be installed at the Captain Joseph McConnell Jr. USAF Park (McConnell Park).

7. Public Hearings
None.

8. Business of the Council
None.

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, commented on the passage of Measure P and the timeline moving forward. He also commented on activities and upcoming events in the Town of Apple Valley

11. Closed Session
Motion by: Council Member Leon
Seconded by: Mayor Pro Tem Bishop
To Adjourn the regular meeting to move into Closed Session at 7:36 p.m. to discuss the following:

Unanimous

Town of Apple Valley Town Council Minutes November 12, 2024 7 11.1 CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Negotiations with Real Property Negotiator – Property: APNs 3087-391-01 and 3087-391-02; 22131 Powhatan Road, Apple Valley, CA 92308; Agency Negotiator: Town Manager, or designee; Negotiating Parties:

County of San Bernardino; Under Negotiation: Price and terms of payment.

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subsection (D) of Section 54956.9: Two Cases
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Paragraph (1) of Subdivision (D) of Government Code Section 54956.9 Case No.: Civds1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.; and Town of Apple Valley vs. Apple Valley Ranchos Water Company, Et Al., Court of Appeal Case No. E078348.

Upon returning from Closed Session at 8:54 p.m. Mayor Nassif announced that there was no reportable action taken.

12. Adjournment
To adjourn the meeting of the Apple Valley Town Council at 8:55 p.m. in memory and honor of George Bugurte, Retired Air Force Pilot and Longtime resident of the Town of Apple Valley at 8:55 p.m.

Unanimous
________________________________
Scott Nassif, Mayor
_________________________________
La Vonda M-Pearson, Town Clerk

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: NOVEMBER 2024 COMMERCIAL WARRANTS AND WIRE

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

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

BACKGROUND
Pursuant to the Town’s Municipal Code the attached demands were presented by the departments, audited by the Finance Department, and subsequent warrants/wire transfers were issued. All were found to be in conformity with Town policies and procedures, and funds were budgeted or available to pay said demands. The list of commercial warrants and wire transfers is now being presented to the Council for approval.

SUMMARY
Commercial warrants were issued from November 1 through November 30, 2024, in the amount of $4,469,279.38 covering issued warrant #’s 171693 – 172107. Electronic Fund Transfers were issued November 1 through November 30, 2024, in the amount $1,442,214.57. Also, wire transfers were made from November 1 through November 30, 2024, in the amount of $607,362.16.

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

FISCAL IMPACT
415 Commercial Warrants were issued in the amount of $4,469,279.38 50 Electronic Fund Transfers were issued in the amount of $1,442,214.57 1 Wire Transfer payment was issued in the amount of $607,362.16

ATTACHMENTS
A November Commercial Warrants
B November Electronic Fund Transfers
C November Wire Transfers

Check # Date Vendor Description Check Total
171693 11/07/2024 ABF PRINTS, INC. REQUIRED MAILING 750.70 171694 11/07/2024 ADVANTAGE COLORGRAPHICS OUR TOWN NEWSLETTER 10,532.83 171695 11/07/2024 ALLIANT INSURANCE SERVICES INC PET FAIR INSURANCE 395.00 171696 11/07/2024 AIS TRUST ACCOUNT NEWPORT NOTARY 89.00 171697 11/07/2024 AMAZON CAPITAL SERVICES SUPPLIES 588.56 171698 11/07/2024 AMERICAN FIDELITY ASSURANCE OCTOBER PREMIUMS 4,906.50 171699 11/07/2024 APPLE VALLEY TIRE VEHICLE 85 VEHICLE REPAIR 1,613.08 171700 11/07/2024 APPLE VALLEY UNIFIED SCHOOL DISTRICT FINES % FORF - JUNE,JULY,AUG 668.00 171701 11/07/2024 AVCOM SERVICES INC. OCTOBER ANSWERING SERVICE - TOAV 887.20 171702 11/07/2024 BATTERY MART VEHICLE 103 129.72
171703 11/07/2024 BEAR VALLEY ANIMAL HOSPITAL SPAY/NEUTERS 4,665.93 171704 11/07/2024 BECK OIL INC. TRUCK 80-FUEL 88.20
171705 11/07/2024 BENEFIT COORDINATORS CORPORATION OCTOBER PREMIUMS 6,369.50 171706 11/07/2024 BOOT BARN, INC. BOOTS : MENDOZA 166.39 171707 11/07/2024 BURRTEC WASTE INDUSTRIES, INC SB 1383 - COMPLIANT COMPOST 24,970.55 171708 11/07/2024 CACEO CACEO MOD #3 YNIGUEZ 200.00
171709 11/07/2024 CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.

LED LIGHTS 502.31
171710 11/07/2024 CERNA, FRANK HOLIDAY PARTY DJ 575.00
171711 11/07/2024 CERTIFIED CREDIT REPORTING INC TAX TRANSCRIPTS 204.00 171712 11/07/2024 CITY TECH SOLUTIONS, INC OCT 2024 TO SEPT 2025 20,000.00 171713 11/07/2024 COUNTY OF SAN BERNARDINO COUNTY RECORDING FEE 995.00 171714 11/07/2024 COUNTY OF SAN BERNARDINO- ISD DEPARTMENT RADIOS 3,438.58 171715 11/07/2024 DANIELS DEEP TINE LLC GROUND MAINTENANCE 2,350.00 171716 11/07/2024 DEPARTMENT OF JUSTICE FY22 ANNUAL REGISTRATION RENEWAL FEE 75.00 171717 11/07/2024 DEPARTMENT OF JUSTICE FY22 ANNUAL REGISTRATION RENEWAL FEE 100.00 171718 11/07/2024 DOKKEN ENGINEERING BEAR VALLEY BRIDGE DESIGN SERVICES 7,839.26 171719 11/07/2024 DORAN, SHELBY EAC PETTY CASH 600.00
171720 11/07/2024 EASI FILE LLC FILE HANGERS 475.78
Town of Apple Valley
Commercial Warrants
Month of November 2024

Check # Date Vendor Description Check Total
171721 11/07/2024 EQUIPMENTSHARE.COM INC MCCONNELL PARK CLEARING/GRUBBING 1,305.43 171722 11/07/2024 EXPERT APPLIANCE SERVICE LLC DSB THERMOSTAT REPLACEMENT 307.22 171723 11/07/2024 FAUST MEDIA SERVICES 2025 CALENDAR 8,929.24 171724 11/07/2024 FEDEX SHIPPING 32.42
171725 11/07/2024 FIDELITY SECURITY LIFE INS / OCTOBER PREMIUMS 958.79 171726 11/07/2024 FISH WINDOW CLEANING AV POLICE DEPT 188.00 171727 11/07/2024 FUN EXPRESS PET FAIR 240.94
171728 11/07/2024 G.A. OSBORNE PIPE & SUPPLY PARKS SUPPLIES 404.99 171729 11/07/2024 OSBORNE PIPE & SUPPLY/G.A.// JAMES WOODY VALVES BY IRRIGATION ROOM 67.87 171730 11/07/2024 GARDA CL WEST, INC NOVEMBER SERVICES 1,623.84 171731 11/07/2024 GEO-MONITOR INC. HORSEMAN'S CENTER 100.00 171732 11/07/2024 GEOTAB USA, INC. ENTERPRISE FLEET OCT 2024 909.28 171733 11/07/2024 GRAINGER, INC. AUTO SCRUBBER REPAIR 3.51 171734 11/07/2024 HAAKER EQUIPMENT CO VEHICLE 79 MAINT 883.25 171735 11/07/2024 HARRIS, MARY SOUVENIR FOR MAYORS YTH LEADERSHIP 738.00 171736 11/07/2024 HASA INC. POOL CHEMICALS 1,821.76
171737 11/07/2024 HDL SOFTWARE LLC AUGUST SERVICES 247.47 171738 11/07/2024 HESPERIA OUTDOOR POWER EQUIP EXMARK 122.80 171739 11/07/2024 HODGSON, CARRIE ANN OCTOBER SERVICES 993.75 171740 11/07/2024 HOME DEPOT CREDIT SEVICES TRUCK 106 VACUUM 315.38 171741 11/07/2024 IMPERIAL SPRINKLER SUPPLY TRUCK 85 443.74 171742 11/07/2024 JOHNSON CONTROLS DSB BOILER REPAIRS 4,354.11 171743 11/07/2024 KONICA MINOLTA KNOICA - FLEET - NOVEMBER 4,418.77 171744 11/07/2024 KONICA MINOLTA BUSINESS C4080 MONTHLY USAGE - OCTOBER 146.38 171745 11/07/2024 LIBERTY UTILITIES CA 9/25/24-10/25/24 6,553.96 171746 11/07/2024 LOWE'S (LAR) VAN HARDWARE 1,071.18
171747 11/07/2024 MARTIN, KENNETH RETIREE REIMBURSEMENT 374.50 171748 11/07/2024 MARTINEZ + OKAMOTO ARCHITECTS CG ACCESSIBILITY PROJECT 1,410.00 171749 11/07/2024 MDG ASSOCIATES INC CDBG ADMIN 9,008.76 171750 11/07/2024 MILLER, LANCE RETIREE REIMBURSEMENT 160.63 171751 11/07/2024 MOJAVE BASIN AREA WATERMASTER 4TH QTR INV WELL PRODUCTION 775.36 171752 11/07/2024 MOJAVE DESERT & MOUNTAIN MRF SEPT 2024 26,909.86 171753 11/07/2024 MOJAVE PAINT & BODY PD VEHICLE REPAIR 13,334.35

Check # Date Vendor Description Check Total
171754 11/07/2024 MWI ANIMAL HEALTH SHELTER MEDS 2,431.36 171755 11/07/2024 MYONLINEBILL.COM OCTOBER SERVICES 2,441.32 171756 11/07/2024 NAPA VEHICLE 107 WIPERS 29.69
171757 11/07/2024 NEW YORK LIFE OCTOBER PREMIUMS 445.97 171758 11/07/2024 O'REILLY AUTO PARTS SINGH CENTER DRINKING FOUNTAIN REPAIRS 16.68 171759 11/07/2024 S/N DEPOSIT REFUND S/N DEPOSIT REFUND 15.00 171760 11/07/2024 TRASH REFUND TRASH REFUND 128.59
171761 11/07/2024 SPAY/NEUTERS SPAY/NEUTERS 70.00
171762 11/07/2024 TRASH REFUND TRASH REFUND 241.44
171763 11/07/2024 S/N DEPOSIT REFUND S/N DEPOSIT REFUND 40.00 171764 11/07/2024 TRASH REFUND TRASH REFUND 173.64
171765 11/07/2024 FEDEX SHIPPING FEDEX SHIPPING 64.71
171766 11/07/2024 TRASH REFUND TRASH REFUND 30.80
171767 11/07/2024 RENTAL DEPOSIT REFUND RENTAL DEPOSIT REFUND 192.00 171768 11/07/2024 TRASH REFUND TRASH REFUND 36.89
171769 11/07/2024 TRASH REFUND TRASH REFUND 60.42
171770 11/07/2024 TRASH REFUND TRASH REFUND 149.80
171771 11/07/2024 TRASH REFUND TRASH REFUND 38.08
171772 11/07/2024 TRASH REFUND TRASH REFUND 58.84
171773 11/07/2024 S/N DEPOSIT REFUND S/N DEPOSIT REFUND 40.00 171774 11/07/2024 TRASH REFUND TRASH REFUND 80.52
171775 11/07/2024 TRASH REFUND TRASH REFUND 268.26
171776 11/07/2024 RENTAL DEPOSIT REFUND RENTAL DEPOSIT REFUND 250.00 171777 11/07/2024 TRASH REFUND TRASH REFUND 134.01
171778 11/07/2024 TRASH REFUND TRASH REFUND 56.03
171779 11/07/2024 TRASH REFUND TRASH REFUND 169.36
171780 11/07/2024 TRASH REFUND TRASH REFUND 143.24
171781 11/07/2024 TRASH REFUND TRASH REFUND 725.39
171782 11/07/2024 TRASH REFUND TRASH REFUND 229.20
171783 11/07/2024 TRASH REFUND TRASH REFUND 72.27
171784 11/07/2024 TRASH REFUND TRASH REFUND 23.20
171785 11/07/2024 TRACY ARCHULETA FOOD FOR PET FAIR 534.00 171786 11/07/2024 TRASH REFUND TRASH REFUND 110.83

Check # Date Vendor Description Check Total
171787 11/07/2024 RENTAL DEPOSIT REFUND RENTAL DEPOSIT REFUND 568.95 171788 11/07/2024 PRECISION LOCK & SAFE FACILITIES LOCKS/KEYS 590.93 171789 11/07/2024 PRUDENTIAL OVERALL SUPPLY UNIFORMS - FACILITIES 742.64 171790 11/07/2024 SAN BERNARDINO & RIVERSIDE SINGH CENTER ANNUAL SPRINKLER SYSTEM TEST 2,357.70 171791 11/07/2024 SAN BERNARDINO COUNTY HAZARDOUS MATERIALS CUPA PERMITS 465.00 171792 11/07/2024 SAN BERNARDINO COUNTY SHERIFF'S

DEPARTMENT
NOVEMBER LAW ENFORCEMENT SERVICES 1,583,255.00
171793 11/07/2024 SEDARU INC SOFTWARE EXTENSION 3,867.75 171794 11/07/2024 SPLATTERED INK, LLC TOAV POLOS 99.51
171795 11/07/2024 STERICYCLE REGULAR SERVICE OFF SITE 464.46 171796 11/07/2024 STILES ANIMAL REMOVAL, INC. DISPOSAL SERVICES 5,490.00 171797 11/07/2024 SUPERCO SPECIALTY PRODUCTS SUPPLIES 565.56 171798 11/07/2024 TEXAS LIFE INSURANCE CO. OCTOBER PREMIUMS 887.00 171799 11/07/2024 THE GOODYEAR TIRE & RUBBER CO TIRES 1,233.40 171800 11/07/2024 THE RDI CORPORATION SHELTER PRO SOFTWARE 1,931.00 171801 11/07/2024 TRASH REFUND TRASH REFUND 46.38
171802 11/07/2024 TRANSAMERICA LIFE INS CO WHITESIDE POLICY 447.85 171803 11/07/2024 TRIPLE C ELECTRIC DSB OUTLET INSTALL 13,230.00 171804 11/07/2024 TURF STAR INC. VEHICLE 5900 720.79
171805 11/07/2024 U.S. BANK ADMIN FEES 10/1/2024-9/30/2025 5,000.00 171806 11/07/2024 U.S. BANK CORP. PMT SYSTEM OCTOBER CALCARD 38,976.50 171807 11/07/2024 UNDERGROUND SERVICE ALERT OF SO.

CALIFORNIA
OCTOBER TICKETS 385.55
171808 11/07/2024 USPS WINTER/SPRING REC GUIDE 7,000.00 171809 11/07/2024 V.V.W.R.A. FINAL SEWER PERMITS - OCTOBER 2024 27,840.05 171810 11/07/2024 VERIZON WIRELESS VERIZON OCTOBER 4,177.96 171811 11/07/2024 VOYAGER OCTOBER FUEL PURCHASES 15,479.09 171812 11/07/2024 WANG, YIJIA OCTOBER SERVICES 6,875.00 171813 11/07/2024 WAXIE SANITARY SUPPLY CLEANING SUPPLIES 7,303.41 171814 11/07/2024 WRIGHT, DARRYL RETIREE REIMBURSEMENT 786.84 171815 11/07/2024 YHBJ GROUP INC TRUCK 106 WINDOW TINT 250.00 171816 11/07/2024 DEPARTMENT OF JUSTICE FY24 ANNUAL REGISTRATION RENEWAL FEE AVCRF 75.00 171817 11/14/2024 ALBERTSONS LLC Planning Commission 34.65

Check # Date Vendor Description Check Total
171818 11/14/2024 ALL GOOD DRIVING SCHOOL, INC. Online Drivers Ed. 53.20 171819 11/14/2024 AMAZON CAPITAL SERVICES BATTERIES 185.35 171820 11/14/2024 AMERICAN EXPRESS R. TUCKER CONFERENCE 543.81 171821 11/14/2024 APPLE VALLEY ANIMAL HOSPITAL s/n voucher program 145.00 171822 11/14/2024 APPLE VALLEY LAWNMOWER Civic Center 232.50 171823 11/14/2024 APPLE VALLEY PORTABLES James Woody 2,300.03 171824 11/14/2024 APPLE VALLEY TIRE Trailer Tire 796.36 171825 11/14/2024 BATTERY MART Veh 94 Battery 180.19
171826 11/14/2024 BENEFIT COORDINATORS CORPORATION OCTOBER PREMIUMS 7,221.63 171827 11/14/2024 BRIGHTVIEW LANDSCAPE SERVICES Landscape Maintenance - October 2024 20,729.28 171828 11/14/2024 BURRTEC WASTE INDUSTRIES, INC HHW Oct 2024 2,115.36 171829 11/14/2024 CACEO Mod 2 Arciniega 1,134.00
171830 11/14/2024 CAPITAL ONE SBA Trunk or Treat 970.56 171831 11/14/2024 CAR WASH PARTNERS, LLC OCTOBER WASH SERVICES 728.00 171832 11/14/2024 CITY OF VICTORVILLE 24-25 HOME Admin Funds 21,454.49 171833 11/14/2024 CLERK OF THE BOARD OF NOD filing fees SPR 2022-007 & 2022-008 4,101.25 171834 11/14/2024 CLINE, STEVEN PROPERTY DAMAGE POTHOLE 45.33 171835 11/14/2024 EDISON COMPANY 9/26/24-10/24/24 16,438.85 171836 11/14/2024 FAUST MEDIA SERVICES Business Cards 374.93 171837 11/14/2024 GANNETT CALIFORNIA LOCALIQ NOA Draft EIR 1,075.53 171838 11/14/2024 GOLDEN STATE WATER COMPANY 9/24/24-10/23/24 5,544.31 171839 11/14/2024 HIGH DESERT JUNIOR GOLF ACADEMY Golf Lessons 1,912.50 171840 11/14/2024 HIGH DESERT LASER GRAPHICS METAL ENGRAVED BADGE - T. BELVIN 11.42 171841 11/14/2024 HOME DEPOT CREDIT SEVICES Police Department Outlet Install 95.80 171842 11/14/2024 LIBERTY UTILITIES CA 8/22/24-10/22/24 13,660.53 171843 11/14/2024 LOWE'S (LAR) Police Department Outlet Install 285.73 171844 11/14/2024 MDG ASSOCIATES INC HOME RRLP Income Determination- Sept 1,517.13 171845 11/14/2024 MOJAVE PAINT & BODY VEHICLE REPAIR 307.23 171846 11/14/2024 MONTANO, NICOLE Employee Reimbursement 123.62 171847 11/14/2024 NAPA Vehicle Maintenance 59.69
171848 11/14/2024 NIX, PATRICIA Line Dance Classes 54.60 171849 11/14/2024 TRASH REFUND TRASH REFUND 23.20
171850 11/14/2024 SEWER REFUND SEWER REFUND 2,664.77

Check # Date Vendor Description Check Total
171851 11/14/2024 TRASH REFUND TRASH REFUND 7.85
171852 11/14/2024 TRASH REFUND TRASH REFUND 92.96
171853 11/14/2024 RE-ROOF RE-ROOF 250.21
171854 11/14/2024 WINTER BASKETBALL REFUND WINTER BASKETBALL REFUND 71.00 171855 11/14/2024 TRASH REFUND TRASH REFUND 7.33
171856 11/14/2024 PHOTOVOLTAIC PHOTOVOLTAIC 225.98
171857 11/14/2024 PHOTOVOLTAIC PHOTOVOLTAIC 128.95
171858 11/14/2024 TRASH REFUND TRASH REFUND 181.09
171859 11/14/2024 TRASH REFUND TRASH REFUND 3.00
171860 11/14/2024 TRASH REFUND TRASH REFUND 35.65
171861 11/14/2024 TRASH REFUND TRASH REFUND 10.37
171862 11/14/2024 JOHN HARRISION CONTRACTING INC WATER HEATER 60.63 171863 11/14/2024 Lee Weast EMP. REIMB. 89.20
171864 11/14/2024 MGM ENERGY WATER HEATER 60.63
171865 11/14/2024 Sabrina Hoon EMP. REIMB. 144.05
171866 11/14/2024 SOLARMAX RENEWABLE ENERGY PROVIDER PHOTOVOLTAIC 164.95 171867 11/14/2024 TRASH REFUND TRASH REFUND 55.89
171868 11/14/2024 TRASH REFUND TRASH REFUND 103.28
171869 11/14/2024 TRASH REFUND TRASH REFUND 162.98
171870 11/14/2024 TRASH REFUND TRASH REFUND 12.30
171871 11/14/2024 PARS SEPTEMBER FEES 1,038.60
171872 11/14/2024 PEDERSEN, RICHARD AUGUST FEES 99.03
171873 11/14/2024 PRECISION BLUEPRINTS & PRINTING Reimburse parade float expenses 411.87 171874 11/14/2024 PRUDENTIAL OVERALL SUPPLY McConnell Blueprints 391.93 171875 11/14/2024 QUADIENT LEASING USA, INC. Uniforms: PW 206.94 171876 11/14/2024 RIVERA EQUIPMENT AVAS Water Heater Repairs 315.00 171877 11/14/2024 ROTARY CLUB OF APPLE VALLEY QUARTERLY AVRC FOUNDATION CONTRIBUTION 267.50 171878 11/14/2024 RSG, INC FY 24-25 SA SERVICES AND CB RECONCILLIATION 1,925.00 171879 11/14/2024 RUTH AND NAOMI PROJECT INC. 1st qtr grocery purchase Costco 866.23 171880 11/14/2024 SAN BERNARDINO COUNTY Hazardous Material CUPA Permits 465.00 171881 11/14/2024 SCMAF Contract Class Insurance 393.75 171882 11/14/2024 SMART & FINAL ASAP Snacks 533.75
171883 11/14/2024 SOUTHWEST GAS CORPORATION 10/09/24-11/06/24 322.21

Check # Date Vendor Description Check Total
171884 11/14/2024 TAYLOR, SHARI Baton Class 270.90
171885 11/14/2024 THOMPSON & THOMPSON REAL Appraisal Services for CJC property 9,348.49 171886 11/14/2024 TICOR TITLE COMPANY 13755 LAKOTA RD. 101.78 171887 11/14/2024 TOTAL PLAN BUSINESS New Cubicles at Public Works Yard 30,166.77 171888 11/14/2024 TOWN OF APPLE VALLEY NOVEMBER SEWER 3,641.84 171889 11/14/2024 UNLIMITED ENVIRONMENTAL, INC PO# 20250020 - Double Modular Demo Project 7,989.01 171890 11/14/2024 VALLEYWIDE NEWSPAPERS LLC PHN Vacation 2024-001 1,054.30 171891 11/14/2024 VERDE DESIGN, INC EDEN PO 2324-000009 3,825.00 171892 11/14/2024 WAXIE SANITARY SUPPLY Supplies 1,344.72 171893 11/21/2024 7 BROTHERS GOLF, INC. RESALE ITEMS 987.90 171894 11/21/2024 ABF PRINTS, INC. REQUIRED MAILING 893.09 171895 11/21/2024 AFTERMATH HOLDING CORPORATION BIO-HAZARDOUS CLEANING 400.00 171896 11/21/2024 AMAZON CAPITAL SERVICES OFFICE SUPPLIES 151.03 171897 11/21/2024 AMERICAN COMPUTER SERVICE PROGRAMMING 8,655.68 171898 11/21/2024 AMERICAN TREE COMPANY GROUND MAINTENANCE 9,500.00 171899 11/21/2024 ANIMAL EMERGENCY CLINIC EMERGENCY MEDICAL TREATMENT 202.00 171900 11/21/2024 APPLE VALLEY CAR WASH SEPTEMBER SERVICES 67.96 171901 11/21/2024 APPLE VALLEY FIRE PROTECTION DSB PERMIT 1,042.00 171902 11/21/2024 APPLE VALLEY LAWNMOWER FAIRWAY PORTER 21.44 171903 11/21/2024 APPLE VALLEY PORTABLES CIVIC CENTER PARK 800.01 171904 11/21/2024 APPLE VALLEY PRINTING ENVELOPES 1,193.87 171905 11/21/2024 APPLE VALLEY TIRE ROUG MOWER 127.22
171906 11/21/2024 AVCOM SERVICES INC. FIRE ALARM MONITORING 405.00 171907 11/21/2024 BEAR VALLEY ANIMAL HOSPITAL ADOPTION S/N 19,751.67 171908 11/21/2024 BLACK CLOVER ENTERPRISES LLC RESALE ITEMS 444.19 171909 11/21/2024 BRIGHTVIEW LANDSCAPE SERVICES YUCCA LOMA ROAD WEED ABATEMENT 2,078.58 171910 11/21/2024 BURRTEC WASTE IND, INC. MRF SEPT 2024 106,187.02 171911 11/21/2024 BURRTEC WASTE INDUSTRIES, INC NEIGHBORHOOD CLEAN UP 4,492.96 171912 11/21/2024 CACEO MSHIP DUES - HALL 1,310.00
171913 11/21/2024 CAPITAL ONE RESALE ITEMS 262.13
171914 11/21/2024 CARPINO FAMILY RESTAURANTS INC HOLIDAY PARTY CATERING 4,305.75 171915 11/21/2024 CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.

GOLF COURSE PARKING LAT LIGHT 476.33

Check # Date Vendor Description Check Total
171916 11/21/2024 CHARTER COMMUNICATIONS SPECTRUM GOLF 369.41 171917 11/21/2024 CLUB CADDIE HOLDINGS NOVEMBER CLUB CADDIE 750.00 171918 11/21/2024 COUNTY OF SAN BERNARDINO ACC 1046 SOLID WASTE 66,480.10 171919 11/21/2024 DATA TICKET INC CITATION PROCESSING CENTER 5.00 171920 11/21/2024 DESAI, RONAK OCTOBER SERVICES 9,875.00 171921 11/21/2024 DESERT VALLEY MEDICAL GROUP PRE-EMPLOYMENT PHYSICAL 375.00 171922 11/21/2024 DR. JAIME VELASCO SUPERVISING VET SERVICES 3,200.00 171923 11/21/2024 EDISON COMPANY 10/11/24-11/11/24 38,300.09 171924 11/21/2024 EL DORADO BROADCASTERS LLC PET FAIR RADIO 816.00 171925 11/21/2024 FAUST MEDIA SERVICES Business Cards 53.10 171926 11/21/2024 FEDEX SHIPPING 14.95
171927 11/21/2024 FISH WINDOW CLEANING BLDG MAINTENANCE 105.00 171928 11/21/2024 FM3 RESEARCH BALLOT MEASURE PROJECT 49,785.98 171929 11/21/2024 GANNETT CALIFORNIA LOCALIQ GOLF COURSE ADVERTISEMENT 2,349.36 171930 11/21/2024 GREINES, MARTIN, STEIN TOAV V. AV RANCHOS 194.00 171931 11/21/2024 HASA INC. POOL SUPPLIES 408.00
171932 11/21/2024 HESPERIA OUTDOOR POWER EQUIP BACKPACK BLOWER 279.17 171933 11/21/2024 HITT PLUMBING CO., INC. LLOYD MANGRUM STOPPAGE 345.00 171934 11/21/2024 HITT PLUMBING CO., INC. JAMES WOODY WATER LINE REPAIRS 1,508.00 171935 11/21/2024 HOME DEPOT CREDIT SEVICES GC ELECTRICAL REPAIRS 28.72 171936 11/21/2024 INTERVET, INC. MIRCOCHIPS 1,346.88
171937 11/21/2024 JOHNSON CONTROLS GC BOILER REPAIRS 1,788.00 171938 11/21/2024 KIMBALL MIDWEST SHOP SUPPLIES 637.97
171939 11/21/2024 LIBERTY UTILITIES CA 9/5/24-11/4/24 5,847.38 171940 11/21/2024 LOWE'S (LAR) DRAIN SNAKE 663.44
171941 11/21/2024 MARKET EQUIPMENT REPAIR INC PRESSURE WASHER REPAIRS 3,274.75 171942 11/21/2024 MERRELL JOHNSON GEOTECHNICAL, INC 2024-02 CHIP SEAL PROJECT 16,225.00 171943 11/21/2024 MOBILE OCCUPATIONAL SERVICES ANNUAL QUERY/RANDOM SCREENING 65.00 171944 11/21/2024 NAPA VEH 110 WIPERS 506.29
171945 11/21/2024 O'REILLY AUTO PARTS GOLF COURSE SIGNS 9.18 171946 11/21/2024 A Dog Named Black Jack Animal Rescue
Recovery Inc.

S/N REFUND 300.00
171947 11/21/2024 AARON MISCHKE PROPERTY DAMAGE CLAIM 73.88

Check # Date Vendor Description Check Total
171948 11/21/2024 S/N REFUND S/N REFUND 40.00
171949 11/21/2024 S/N REFUND S/N REFUND 40.00
171950 11/21/2024 REFUND OF OVERPMT REFUND OF OVERPMT 15.75 171951 11/21/2024 Michael Gauthier STAPLES AND WALMART PURCHASES FOR GC 159.80 171952 11/21/2024 S/N REFUND S/N REFUND 40.00
171953 11/21/2024 S/N REFUND S/N REFUND 40.00
171954 11/21/2024 S/N REFUND S/N REFUND 225.00
171955 11/21/2024 S/N REFUND S/N REFUND 40.00
171956 11/21/2024 RENTAL DEPOSIT REFUND RENTAL DEPOSIT REFUND 250.00 171957 11/21/2024 PRUDENTIAL OVERALL SUPPLY UNIFORMS - GOLF 656.01 171958 11/21/2024 RIVERA EQUIPMENT GOLF COURSE MAINLINE REPAIRS 5,475.00 171959 11/21/2024 RSG, INC REAL ESTATE BROKERAGE SERVICES 4,725.00 171960 11/21/2024 SMARTCOVER SYSTEMS DUAL SENSOR 25,423.64 171961 11/21/2024 SOUTHWEST GAS CORPORATION 10/9/24-11/6/24 776.38 171962 11/21/2024 STATE OF CALIFORNIA- D.O.J. FINGERPRINTS 2,420.00 171963 11/21/2024 TAYLORMADE GOLF CO., INC RESALE ITEMS 483.60 171964 11/21/2024 THE GOODYEAR TIRE & RUBBER CO PD TIRES 270.68 171965 11/21/2024 TOWN OF APPLE VALLEY NOVEMBER TRASH AND SEWER 313.74 171966 11/21/2024 TURF STAR INC. Vehicle Maintenance 1,635.50 171967 11/21/2024 VALLEY SECURITY SYSTEMS INC MONITORING SERVICE 127.00 171968 11/21/2024 VERIZON WIRELESS SEPTEMBER 9,424.72
171969 11/21/2024 WAXIE SANITARY SUPPLY SUPPLIES 37.71
171970 11/21/2024 WINSUPPLY DSB TOILET REPAIR 316.02
171971 11/21/2024 WPONCALL WEBSITE MAINTENANCE 300.00
171972 11/25/2024 NEM CASH OUT NEM CASH OUT 5.57
171973 11/25/2024 NEM CASH OUT NEM CASH OUT 48.01
171974 11/25/2024 NEM CASH OUT NEM CASH OUT 56.03
171975 11/25/2024 NEM CASH OUT NEM CASH OUT 302.10
171976 11/25/2024 NEM CASH OUT NEM CASH OUT 45.91
171977 11/25/2024 NEM CASH OUT NEM CASH OUT 129.48
171978 11/25/2024 NEM CASH OUT NEM CASH OUT 120.59
171979 11/25/2024 NEM CASH OUT NEM CASH OUT 217.20
171980 11/25/2024 NEM CASH OUT NEM CASH OUT 66.62

Check # Date Vendor Description Check Total
171981 11/25/2024 NEM CASH OUT NEM CASH OUT 141.40
171982 11/25/2024 NEM CASH OUT NEM CASH OUT 11.29
171983 11/25/2024 NEM CASH OUT NEM CASH OUT 152.38
171984 11/25/2024 NEM CASH OUT NEM CASH OUT 172.49
171985 11/25/2024 NEM CASH OUT NEM CASH OUT 74.52
171986 11/25/2024 NEM CASH OUT NEM CASH OUT 85.30
171987 11/25/2024 NEM CASH OUT NEM CASH OUT 12.19
171988 11/25/2024 NEM CASH OUT NEM CASH OUT 61.02
171989 11/25/2024 NEM CASH OUT NEM CASH OUT 68.39
171990 11/25/2024 NEM CASH OUT NEM CASH OUT 38.27
171991 11/25/2024 NEM CASH OUT NEM CASH OUT 81.94
171992 11/25/2024 NEM CASH OUT NEM CASH OUT 4.81
171993 11/25/2024 NEM CASH OUT NEM CASH OUT 187.25
171994 11/25/2024 NEM CASH OUT NEM CASH OUT 123.36
171995 11/25/2024 NEM CASH OUT NEM CASH OUT 141.48
171996 11/25/2024 NEM CASH OUT NEM CASH OUT 97.05
171997 11/25/2024 NEM CASH OUT NEM CASH OUT 1.94
171998 11/25/2024 NEM CASH OUT NEM CASH OUT 67.83
171999 11/25/2024 NEM CASH OUT NEM CASH OUT 33.64
172000 11/25/2024 NEM CASH OUT NEM CASH OUT 42.38
172001 11/25/2024 NEM CASH OUT NEM CASH OUT 14.42
172002 11/25/2024 NEM CASH OUT NEM CASH OUT 1.37
172003 11/25/2024 NEM CASH OUT NEM CASH OUT 99.44
172004 11/25/2024 NEM CASH OUT NEM CASH OUT 21.81
172005 11/25/2024 NEM CASH OUT NEM CASH OUT 11.18
172006 11/25/2024 NEM CASH OUT NEM CASH OUT 97.88
172007 11/25/2024 NEM CASH OUT NEM CASH OUT 244.23
172008 11/25/2024 NEM CASH OUT NEM CASH OUT 121.02
172009 11/25/2024 NEM CASH OUT NEM CASH OUT 164.67
172010 11/25/2024 NEM CASH OUT NEM CASH OUT 103.00
172011 11/25/2024 NEM CASH OUT NEM CASH OUT 124.73
172012 11/25/2024 NEM CASH OUT NEM CASH OUT 184.74
172013 11/25/2024 NEM CASH OUT NEM CASH OUT 129.16

Check # Date Vendor Description Check Total
172014 11/25/2024 NEM CASH OUT NEM CASH OUT 109.64
172015 11/25/2024 NEM CASH OUT NEM CASH OUT 102.85
172016 11/25/2024 NEM CASH OUT NEM CASH OUT 95.28
172017 11/25/2024 NEM CASH OUT NEM CASH OUT 212.74
172018 11/25/2024 NEM CASH OUT NEM CASH OUT 29.40
172019 11/25/2024 NEM CASH OUT NEM CASH OUT 43.68
172020 11/25/2024 NEM CASH OUT NEM CASH OUT 69.72
172021 11/25/2024 NEM CASH OUT NEM CASH OUT 103.15
172022 11/25/2024 NEM CASH OUT NEM CASH OUT 240.84
172023 11/25/2024 NEM CASH OUT NEM CASH OUT 22.55
172024 11/25/2024 NEM CASH OUT NEM CASH OUT 17.27
172025 11/25/2024 NEM CASH OUT NEM CASH OUT 72.60
172026 11/25/2024 NEM CASH OUT NEM CASH OUT 30.82
172027 11/25/2024 NEM CASH OUT NEM CASH OUT 128.82
172028 11/25/2024 NEM CASH OUT NEM CASH OUT 70.14
172029 11/25/2024 NEM CASH OUT NEM CASH OUT 16.46
172030 11/25/2024 NEM CASH OUT NEM CASH OUT 179.02
172031 11/25/2024 NEM CASH OUT NEM CASH OUT 56.30
172032 11/25/2024 NEM CASH OUT NEM CASH OUT 89.71
172033 11/25/2024 NEM CASH OUT NEM CASH OUT 78.22
172034 11/25/2024 NEM CASH OUT NEM CASH OUT 21.78
172035 11/25/2024 NEM CASH OUT NEM CASH OUT 35.96
172036 11/25/2024 NEM CASH OUT NEM CASH OUT 35.16
172037 11/25/2024 NEM CASH OUT NEM CASH OUT 99.25
172038 11/25/2024 NEM CASH OUT NEM CASH OUT 19.94
172039 11/25/2024 NEM CASH OUT NEM CASH OUT 63.43
172040 11/25/2024 NEM CASH OUT NEM CASH OUT 87.06
172041 11/27/2024 ALBERTSONS LLC Eco Dev Meeting 87.37
172042 11/27/2024 AMAZON CAPITAL SERVICES HOLOGRAM FAN STAND & 3D HOLOGRAM FAN 1,551.02 172043 11/27/2024 AMERICAN PAVEMENT SYSTEMS, INC. CHIP SEAL 2024 PROJECT 1,429,356.13 172044 11/27/2024 ANIMAL CARE HOSPITAL S/N Voucher Program 75.00 172045 11/27/2024 APPLE VALLEY ANIMAL HOSPITAL Adoption S/N 70.00 172046 11/27/2024 APPLE VALLEY GLASS CUSTOM ACRYLIC TABLETOP W/ COATING 2,988.00

Check # Date Vendor Description Check Total
172047 11/27/2024 APPLE VALLEY PORTABLES Halloween Spooktacular 200.01 172048 11/27/2024 ATTEBERRY, ADRIANA Replenish Petty Cash 100.00 172049 11/27/2024 BATTERY MART Vehicle #85 67.36
172050 11/27/2024 BEAR VALLEY ANIMAL HOSPITAL Adoption S/N 2,553.50 172051 11/27/2024 BECK OIL INC. Golf Course Gas 1,281.53 172052 11/27/2024 BENDER ROSENTHAL INC Yucca Loma Road Widening ROW 45,549.52 172053 11/27/2024 BRIGHTVIEW LANDSCAPE SERVICES Extra Work PBID - Valve Short Due To Bad Solenoid 157.99 172054 11/27/2024 CACEO Webinar - Quick 154.00
172055 11/27/2024 CAPITAL ONE Glue Sticks 15.77
172056 11/27/2024 CHARLES ABBOTT ASSOCIATES Engineering Services for the Moth of October 2024 160,509.75 172057 11/27/2024 CITY OF VICTORVILLE 24-25 HOME Admin Funds- amount correction 0.48 172058 11/27/2024 CULLIGAN BOTTLED WATER Bistro: Building Maintenance 124.15 172059 11/27/2024 DAVID EVANS & ASSOC, INC EDEN PO 2223-000057 37,726.99 172060 11/27/2024 DESERT GATE & AUTOMATION AVAS Gate Repair 1,075.00 172061 11/27/2024 DRUCKENMILLER ROOFING Police Department Roof Repairs 1,300.00 172062 11/27/2024 EDISON COMPANY 09/18/24-10/16/24 AND 10/01/24-10/31/24 25,604.36 172063 11/27/2024 FRONTIER COMMUNICATIONS BACK UP INTERNET, PHONE SERVICE AND TV SERVICE 3,463.71 172064 11/27/2024 G.A. OSBORNE PIPE & SUPPLY Grounds Maintenance 3,793.89 172065 11/27/2024 GEMINI TIMING RT Timing/ Bike Racks 3,960.00 172066 11/27/2024 GROOVELABS LLC Christmas Tree Lighting Stage, Sound, & Lighting 3,650.00 172067 11/27/2024 HD SUPPLY, INC 2 Effluent Pumps - Automatics 2,161.42 172068 11/27/2024 HESPERIA HOSE SUPPLY Pressure Washer Hose Repair 10.73 172069 11/27/2024 HESPERIA OUTDOOR POWER EQUIP Civic-Blower 700.36 172070 11/27/2024 HOME DEPOT CREDIT SEVICES AVAS Kitchen Lights 551.56 172071 11/27/2024 JOHNSON CONTROLS TOAV Metasys Server 43,159.40 172072 11/27/2024 KOA CORPORATION EDEN PO 2223-000038 2,806.53 172073 11/27/2024 LIBERTY UTILITIES CA 9/05/24-11/04/24 83,610.07 172074 11/27/2024 LOWE'S (LAR) Tree Beautification 602.81 172075 11/27/2024 MATRIX AUDIO VISUAL DESIGNS ALARM ON/OFF KEYPAD - THEATER 4,828.82 172076 11/27/2024 MERRELL JOHNSON GEOTECHNICAL, INC Material testing for Yucca Loma ES 3,036.00 172077 11/27/2024 MOJAVE PAINT & BODY VEHICLE REPAIR 4,689.66 172078 11/27/2024 MONTANO, NICOLE Employee Reimbursement Milage Nov 2024 91.36

Check # Date Vendor Description Check Total
172079 11/27/2024 MSL ELECTRIC, INC. High Mast Light Pole Removal 20,600.00 172080 11/27/2024 MUNICIPAL MAINTENANCE EQUIPMENT, INC 1" Bulldog with Antiblast 3,967.22 172081 11/27/2024 NAPA SDI sprayer 128.15
172082 11/27/2024 S/N REFUND S/N REFUND 150.00
172083 11/27/2024 S/N REFUND S/N REFUND 75.00
172084 11/27/2024 S/N REFUND S/N REFUND 40.00
172085 11/27/2024 S/N REFUND S/N REFUND 40.00
172086 11/27/2024 TRASH REFUND TRASH REFUND 23.52
172087 11/27/2024 TRASH REFUND TRASH REFUND 69.48
172088 11/27/2024 S/N REFUND S/N REFUND 375.00
172089 11/27/2024 TRASH REFUND TRASH REFUND 20.01
172090 11/27/2024 RENTAL DEPOSIT REFUND RENTAL DEPOSIT REFUND 22.00 172091 11/27/2024 TRASH REFUND TRASH REFUND 56.06
172092 11/27/2024 TRASH REFUND TRASH REFUND 9.83
172093 11/27/2024 S/N REFUND S/N REFUND 40.00
172094 11/27/2024 TITAN SOLAR POWER CA INC PHOTOVOLTAIC 128.96 172095 11/27/2024 ONE WAY BACKFLOW GOLF COURSE BACKFLOW CERT 245.00 172096 11/27/2024 PNC EQUIPMENT FINANCE LEASED EQUIPMENT 10,894.31 172097 11/27/2024 PRECISION BLUEPRINTS & PRINTING Scanned Large Format Plans 89.80 172098 11/27/2024 PRUDENTIAL OVERALL SUPPLY Golf Mats with Logo 671.39 172099 11/27/2024 RIGHT OF WAY, INC Vehicle 120/120 Lettering 301.70 172100 11/27/2024 REGISTRAR OF VOTERS SAN BERNA 10/08/24-11/05/24 6,192.00 172101 11/27/2024 SOUTHWEST GAS CORPORATION 10/04/24-11/04/24 7,184.15 172102 11/27/2024 SPARKLETTS WATER 86.12
172103 11/27/2024 STERICYCLE REGULAR SERVICE OFF-SITE 320.48 172104 11/27/2024 STILES ANIMAL REMOVAL, INC. Disposal Services 5,490.00 172105 11/27/2024 THE ECOHERO SHOW LLC EcoHero Show 1,250.00 172106 11/27/2024 TYLER TECHNOLOGIES INC EDN PO 2122-000049 - PHOEBE (10/8) 6,795.00 172107 11/27/2024 VELOCITY TRUCK CENTERS Vehicle 112 5,423.80 415 Checks Total amount of checks: 4,469,279.38

Check # Date Vendor Description Check Total
473 11/07/2024 BATTISTA, RICHARD End of Oct Graffiti Removal 2,662.80 474 11/07/2024 CADY, MICHAEL Retiree Reimbursement 281.40 475 11/07/2024 CRON, DENNIS Retiree Reimbursement 417.60 476 11/07/2024 CUPP, PAMELA Retiree Reimbursement 1,181.87 477 11/07/2024 FLYERS ENERGY, LLC PD FUEL 277.85
478 11/07/2024 HARROWER, KATHY Retiree Reimbursements 578.34 479 11/07/2024 INTERWEST CONSULTING GROUP INC SPA2023-001 & SPR2022-003/ Lake 14,846.25 480 11/07/2024 J. ALLISON CONSTRUCTION Keli/Novy Disbursement #2 RRLP 22,300.00 481 11/07/2024 KELLEY, KAREN Retiree Reimbursement 578.34 482 11/07/2024 LAMSON, LORI Retiree Reimbursement 1,315.94 483 11/07/2024 MCKEON, TOM Retiree Reimbursement 99.53
484 11/07/2024 MESQUIT'S SUPPLY, LLC Window Cleaning Supplies 46.46 485 11/07/2024 MILLER, CAROL Retiree Reimbursement 457.80 486 11/07/2024 MOLINARI, MICHAEL Retiree Reimbursement 721.18 487 11/07/2024 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 1,270.27 488 11/07/2024 QUADIENT FINANCE USA, INC POSTAGE 3,000.00 489 11/07/2024 SCHMACHTENBERGER, KATHERINE M Retiree Reimbursement 518.24 490 11/07/2024 SIMMONS, DAWN Retiree Reimbursement 557.10 491 11/07/2024 SMITH, KEVIN Retiree Reimbursement 394.57 492 11/07/2024 SULZBERGER, DIANNE Retiree Reimbursement 578.34 493 11/07/2024 VETERAN SECURITY INC SECURITY SERVICES @ SINGH CENTER 10/20- 10/26
7,785.00
494 11/07/2024 VULCAN MATERIALS Cold Mix 1,485.79
495 11/14/2024 BURRTEC WASTE INDUSTRIES INC AS 863,486.70 496 11/14/2024 CARROLL, MARY ANNE Yoga Fit Classes 346.50 497 11/14/2024 GARCIA, NEIL Guitar Lessons 228.75
498 11/14/2024 INTERWEST CONSULTING GROUP INC SPR2022-007/ Cordova 15,153.75 499 11/14/2024 MOCHARNUK, BILL Tennis Classes 362.43
Town of Apple Valley
Commercial Warrants
Month of November 2024
Electronic Fund Transfers

Check # Date Vendor Description Check Total
500 11/14/2024 MURO, MARIA Zumba Classes 1,200.00
501 11/14/2024 MYERS, MELANIE Acting Class 1,272.00
502 11/14/2024 RICHLING, HAILEY Tap & Ballet Classes 1,219.27 503 11/14/2024 URMSTON, CHRIS Tai Chi 403.20
504 11/14/2024 VULCAN MATERIALS Cold Mix 571.08
505 11/21/2024 BATTISTA, RICHARD Graffiti Removal 2,850.60 506 11/21/2024 BIG APPLE AUTO VEHICLE REPAIR 12,913.87
507 11/21/2024 CALIFORNIA JPIA ADA SURVEY/INSPECTION 46,000.00 508 11/21/2024 CHIVARI, LLC Banquet Tables and Chairs 11,759.75 509 11/21/2024 DEAN HOWARD HEAT & AIR INC. DSB HVAC Unit 1,295.00 510 11/21/2024 ODP BUSINESS SOLUTIONS, LLC DSB workroom supplies 1,295.95 511 11/21/2024 VULCAN MATERIALS Cold Mix 1,100.25
512 11/27/2024 BIG APPLE AUTO VEHICLE REPAIR 74.95
513 11/27/2024 CDW GOVERNMENT, INC. ELITE SCREEN 120IN PROJECTOR SCREEN 320.60 514 11/27/2024 FEHR & PEERS Circulation Element Update 27,497.00 515 11/27/2024 INLAND FAIR HOUSING & CDBG Fair Housing Services - September 1,764.81 516 11/27/2024 INTERWEST CONSULTING GROUP INC SPR2022-005, 1M 11,745.00 517 11/27/2024 LCR EARTHWORK & ENGINEERING, CORP. Yucca Loma Elementary Safe Routes to School 309,776.00 518 11/27/2024 ODP BUSINESS SOLUTIONS, LLC DSB Workroom Supplies 67.08 519 11/27/2024 SOUTHERN CALIFORNIA EDISON 1/1/23-12/31/23 POWER VA SALES 55,539.90 520 11/27/2024 TYPE-SET-GO Parks and Recreation Hats 4,577.50 521 11/27/2024 VETERAN SECURITY INC SECURITY SERVICES @ SINGH CENTER 11/10- 11/16
7,792.50
522 11/27/2024 VULCAN MATERIALS Cold Mix 245.46
50 EFT's Total amount of EFT's: $1,442,214.57

Wire Reference Date Beneficiary Name Description Wire Total 241120B01JHT 11/21/2024 US BANK PAYMENT FOR TARRB 2020A DEBT SERVICE $ 607,362.16

TOWN OF APPLE VALLEY

WIRE TRANSFERS
MONTH OF NOVEMBER 2024

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: NOVEMBER 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE

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

RECOMMENDED ACTION
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.

BACKGROUND
Per Sections 3.16.040 through 3.18.030 of the Town of Apple Valley Municipal Code, except for tort claims, every claim and demand received against the Town shall be presented to, approved in writing by the receiving department or office, certified to the delivery or rendition of the supplies, materials, property, or service for which payment is claimed, and that the quality and prices correspond with the original specifications and contracts.

SUMMARY
Pursuant to the Town’s Municipal Code, the register of demands shall be presented to the Town Council at the next regular meeting thereof after preparation. The Town Council may approve, conditionally or partially approve, or reject such a register of demands and in connection therewith consider the recommendations of the Town Manager and Director of Finance. Further, the State Government Code provides that Staff may process and pay prior to ratification by the Town Council, demands properly made in the ordinary course of business, the just obligations of the Town, such as routine salaries and wages, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.

The Payroll / Benefits warrants issued from November 1 through November 30, 2024, in the amount of $798,715.31 net of voids, covering issued warrant #s 70804-70893 and direct deposit advice #s 9991843-9992288 are herewith submitted for approval.

FISCAL IMPACT

DATE TOTAL
11/08/2024 $386,195.73
11/22/2024 $412,519.58
TOTAL: $798,715.31
The payroll and benefit warrants issued, covering warrant #s 70804-70893 and direct deposit advice #s 9991843 – 9992288 inclusive, totaled $798,715.31. Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: APPROVING AND AUTHORIZING TRANSMITTAL OF A

RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND
ADMINISTRATIVE BUDGET FOR FY 2025-26
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. SA 2024-01 approving and authorizing transmittal of a Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2025-26.

BACKGROUND
In 2011, Assembly Bill (“AB”) x 1 26 effectively dissolved all redevelopment agencies in the State of California. AB 1484 was signed by the Governor on June 27, 2012, and Senate Bill (“SB”) 107 was chaptered into law on September 22, 2015, both changing and clarifying certain provisions of AB x1 26 (collectively, the “Dissolution Law”). The Town of Apple Valley (“Town”) elected to serve as the Successor Agency to the Redevelopment Agency of the Town of Apple Valley (“Successor Agency”) under Dissolution Law, taking on the responsibility to wind down the affairs of the former Redevelopment Agency of the Town of Apple Valley.

The Dissolution Law requires the Successor Agency to prepare an annual Recognized Obligation Payment Schedule (“ROPS”) that identifies financial obligations and funding sources to pay them. The ROPS must be approved by the San Bernardino County Oversight Board to the Successor Agency (“Oversight Board”) and submitted to the State Department of Finance (“DOF”). Pursuant to Health and Safety Code (“HSC”) Section 34177(l), DOF provides the ROPS form for successor agencies to use to report enforceable obligations. The completed ROPS for the July 1, 2025 through June 30, 2026 period (“ROPS 25-26”) is due to DOF by February 1, 2025 by electronic submission.

Pursuant to HSC Section 34177(l)(2)(C), a copy of the ROPS must also be submitted to

the San Bernardino County Auditor-Controller (“Auditor-Controller”) and State Controller’s Office.

The Successor Agency requires and requests $1,760,137 in Redevelopment Property Tax Trust Fund (“RPTTF”) revenues (columns O,P, U, and V on ROPS Detail) along with authority to spend $354,335 in “Other Funds” (columns N and T on ROPS Detail) to pay its obligations. Note that RPTTF revenues are generated by the Successor Agency’s property tax increment. The Other Funds will be received from the Town’s portion of the former Victor Valley Economic Development Authority (“VVEDA”) Redevelopment Project Area to pay for obligations associated with the Town’s portion of the VVEDA Project Area.

The approval of the Successor Agency’s ROPS 25-26, attached as Attachment “B”, is critical to ensure the continued flow of property taxes to the Successor Agency, thereby enabling the payments of scheduled debt service on bonded indebtedness and other obligations. Should a successor agency not submit a ROPS to the DOF by February 1, the sponsoring entity could be subject to a $10,000 civil penalty for each day the ROPS is delinquent.

HSC Section 34177(j) requires successor agencies to prepare an annual proposed administrative budget and submit it to the oversight board for its approval. The Successor Agency has prepared an Administrative Budget for Fiscal Year (“FY”) 2025-26, attached as Attachment “C”.

ANALYSIS
In addition to a list of enforceable obligations for the upcoming fiscal year, the ROPS form includes a Report of Cash Balances where successor agencies identify any available funds on hand that can be used to pay enforceable obligations. After all available funds on hand are allocated, the Successor Agency can request funding for enforceable obligations from property tax increment revenue deposited by the Auditor-Controller in the RPTTF. Allocations of RPTTF require approval by the Oversight Board and DOF.

The following sections elaborate on the enforceable obligations listed on the ROPS and significant aspects of the Cash Balances.

Tax Allocation Bonds Debt Service
The Successor Agency refunded the 2005 VVEDA Tax Allocation Bonds, 2007 VVEDA Tax Allocation Bonds, and the 2007 Apple Valley Project Area 2 Bonds with an issue of 2020 VVEDA Tax Allocation Refunding Bonds (“2020 VVEDA Bonds”) and 2020 Apple Valley Project Area 2 Bonds (“2020 Project Area 2 Bonds”), in order to take advantage of lower interest rates and reduce the sum of total future debt service payments. The refunding enabled the Successor Agency to retire the 2005 and 2007 VVEDA Bonds and the 2007 Project Area 2 Bonds (ROPS Items 1, 2, and 8), which were replaced with items 45 and 46 on the ROPS.

The 2020 VVEDA Bonds were issued by VVEDA and are secured by property tax increment from the Town’s portion of the VVEDA Project Area. The 2020 Project Area 2 Bonds were issued by the Successor Agency and are secured by property tax increment

revenues from its own former Redevelopment Project Area 2. These Bonds were issued for the acquisition and construction of two sites, as well as the financing of certain public capital improvements.

The Successor Agency receives funding from VVEDA’s RPTTF for the 2020 VVEDA Bonds. Therefore, for the Successor Agency, these funds are considered Other Funds.

Per the debt service schedule, the Successor Agency requests the following on the current ROPS:
 2020 VVEDA Bonds (ROPS item 45): $351,000
The Successor Agency must also request to spend its own RPTTF funding for the 2020 Project Area 2 Bonds. Per the debt service schedule, the Successor Agency requests the following on the current ROPS:
 2020 Project Area 2 Bonds (ROPS item 46): $1,604,400
Tax Allocation Bonds Fees and Costs
The Successor Agency requests funding for trustee fees and continuing disclosure services associated with the Bonds. The Successor Agency requests the following for the VVEDA Bonds obligations from Other Funds:
 2020 Tax Allocation Refunding Bonds Trustee Fees (ROPS item 47): $725  2020 Tax Allocation Refunding Bonds Continuing Disclosure Services (ROPS item 48): $2,610
The Successor Agency requests the following for the Project Area 2 Bonds obligations from RPTTF:
 2020 Tax Allocation Refunding Bonds Trustee Fees (ROPS item 49): $2,833  2020 Tax Allocation Refunding Bonds Continuing Disclosure Services (ROPS item 48): $7,904
Successor Agency Administrative Costs
HSC Section 34177(j) requires the Successor Agency to prepare an Administrative Budget and submit it to the Oversight Board for approval. Per HSC Section 34177, each successor agency is limited to an administrative cost allowance of the greater of $250,000 or 3% of its approved non-administrative obligations in the previous ROPS year.

However, the administrative allowance cannot exceed 50 percent of RPTTF distributed in the prior fiscal year, excluding the administrative allowance and any City/former redevelopment agency loan repayments. The Successor Agency is expected to receive $1,229,183 in non-administrative RPTTF distributed in the ROPS 24-25 period, allowing the Successor Agency to request the greater of $250,000 or $36,875. The Successor

Agency does not anticipate needing the entire $250,000 minimum annual administrative allocation described in HSC Section 34171(b) and is requesting $145,000 (ROPS item 17), with the full amount requested in 25-26A period.

This is the same amount as the previous year. An Administrative Budget for FY 2025-26 is attached as Attachment “C.”
Cash Balances
The Cash Balances page shows the inflow and outflow of funds held by the Successor Agency. Funds are being spent in a timely manner and consistent with the approvals of the Oversight Board and DOF. The Cash Balances page helps the Successor Agency to identify other funds available to spend on enforceable obligations, detailed as follows:
 $120,858 of Other Funds remains after the ROPS 22-23 period and available for re-allocation to ROPS 25-26 obligations.
 $22,090 of RPTTF is remaining after the ROPS 22-23 period and available for reallocation to ROPS 25-26 obligations.

Last and Final ROPS
Pursuant to HSC section 34191.6(a), beginning January 1, 2016, agencies that have received a Finding of Completion may submit a Last and Final ROPS if all the following conditions are met:
1) The remaining debt is limited to administrative costs and payments pursuant to enforceable obligations with defined payment schedules including, but not limited to, debt service, loan agreements, and contracts.
2) All remaining obligations have been previously listed on the ROPS and approved for payment by Finance pursuant to HSC section 34177(m) or (o). 3) The agency is not a party to outstanding/unresolved litigation, except as specified in HSC section 34191.6(a)(3).

A Last and Final ROPS would reduce the administrative burden on the Successor Agency and eliminate the need for Oversight Board meetings to approve the ROPS. However, the Successor Agency could amend the Last and Final ROPS only twice. The Successor Agency has not yet determined whether it is in a position to submit a Last and Final ROPS.

Oversight Board Consolidation
As of July 1, 2018, the San Bernardino Countywide Oversight Board was established pursuant to HSC Section 34179(j). Accordingly, rather than all successor agencies in San Bernardino County each having their own oversight board, one Consolidated Oversight Board reviews actions taken by all of the successor agencies within the County and can

direct all of the same successor agencies to perform certain actions. The Oversight Board has scheduled its general meetings to occur approximately once per month. The Oversight Board will consider approval of the Successor Agency’s ROPS 25-26 on January 13, 2025. The Successor Agency already submitted its ROPS and related documents to Oversight Board staff for review at this meeting.

FISCAL IMPACT
There is no fiscal impact on Town’s General Fund or any other Fund as a result of filing ROPS 25-26. Admin costs of $145,000 for staff time will be credited in the respective allocated Funds. The ROPS 25-26 must be approved by the Oversight Board and submitted to the DOF by February 1, 2025, for the Successor Agency to receive RPTTF, administered by the Auditor-Controller, and to pay enforceable obligations during the ROPS 25-26 period.

ATTACHMENTS
A. Resolution No. SA 2024-01 approving and authorizing transmittal of a Recognized Obligation Payment Schedule and administrative budget for Fiscal Year 2025-26.

B. Town of Apple Valley Successor Agency ROPS 25-26.

C. Town of Apple Valley Successor Agency Fiscal Year 2025-26 Administrative Budget.

RESOLUTION NO. SA 2024-01

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE TOWN OF APPLE

VALLEY APPROVING AND AUTHORIZING TRANSMITTAL

OF A RECOGNIZED OBLIGATION PAYMENT SCHEDULE

AND ADMINISTRATIVE BUDGET FOR FISCAL YEAR
2025-26
WHEREAS, pursuant to Assembly Bill (“AB”) x1 26, enacted on June 28, 2011, and as subsequently amended by AB 1484, and Senate Bill 107 (collectively, "Dissolution Act"), as codified in the California Health & Safety Code (“HSC”), the Redevelopment Agency of the Town of Apple Valley (“Former Agency”) was dissolved as of February 1, 2012; and
WHEREAS, the Town of Apple Valley (“Town”) elected to serve as the Successor Agency to the Former Agency (“Successor Agency”) pursuant to the Dissolution Act; and WHEREAS, among the duties of successor agencies under the Dissolution Act as amended is the preparation of an annual Recognized Obligation Payment Schedule (“ROPS”), per HSC Section 34177(l), that includes the ensuing fiscal year for consideration by a consolidated oversight board and the California Department of Finance (“DOF”) for purposes of administering the wind-down of financial obligations of the Former Agency; and
WHEREAS, HSC Section 34177(l) further requires that the proposed ROPS be transmitted to the San Bernardino County Consolidated Oversight Board (“Oversight Board”), after which time the Oversight Board may approve the ROPS and the Successor Agency’s transmittal of the adopted ROPS to DOF, the San Bernardino County AuditorController, and the State Controller’s Office for their consideration; and WHEREAS, the proposed ROPS for Fiscal Year 2025-26 (“ROPS 25-26”), attached hereto as Attachment “B,” has been prepared and is consistent with the provisions of the Dissolution Act and in the format made available by DOF; and WHEREAS, the Successor Agency desires to approve the proposed ROPS 25-26 and transmit it to various parties as required by the Dissolution Law; and WHEREAS, the Successor Agency is required to prepare an annual administrative budget and submit it to an oversight board per HSC Section 34177(j); and WHEREAS, the Successor Agency prepared the Fiscal Year 2025-26 Administrative Budget in accordance with the Dissolution Act, attached hereto as Attachment “C”; and
WHEREAS, the Successor Agency’s proposed Fiscal Year 2025-26 Administrative Budget has been reviewed, and by this Resolution the Successor Agency desires to approve such Administrative Budget and authorize submittal thereof to the Oversight Board for its review and approval; and

SA Resolution 2023-01
WHEREAS, the Oversight Board will review the ROPS 25-26 and Fiscal Year 2025-26 Administrative Budget on January 13, 2025.

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY OF THE TOWN APPLE VALLEY DOES HEREBY RESOLVE AS
FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution, incorporated herein by this reference.

SECTION 2. The Successor Agency hereby approves and adopts the ROPS 25- 26 covering the period of July 1, 2025 through June 30, 2026, in substantially the form attached hereto as Attachment “B,” as required by Dissolution Law.

SECTION 3. Pursuant to the Dissolution Act, the Successor Agency approves the Fiscal Year 2025-26 Administrative Budget for the period of July 1, 2025 to June 30, 2026 submitted herewith as Attachment “C,” which is incorporated herein by this reference.

SECTION 4. The Successor Agency accepts administrative revisions made to the ROPS 25-26 in order to enable the Successor Agency to submit the ROPS 25-26 to DOF by the deadline of February 1, 2025.

SECTION 5. The Town Manager is hereby authorized and directed to post a copy of the ROPS on the Town’s website and transmit a copy of the ROPS to the offices of the San Bernardino County Auditor-Controller, the California State Controller’s Office, and the California State Department of Finance upon the Oversight Board’s approval.

APPROVED and PASSED this 10th day of December, 2024.

Successor Agency to the Redevelopment
Agency of the Town of Apple Valley
ATTEST:

BY:

Chair, Scott Nassif
Successor Agency Secretary,
La Vonda M-Pearson

Successor Agency: Apple Valley
County: San BernardinoCurrent Period Requested Funding for Enforceable Obligations (ROPS Detail) 25-26 A Total
(July - December)
25-26 B Total
(January - June) ROPS 25-26 Total
A Enforceable Obligations Funded as Follows (B+C+D): 178,835 $ 175,500 $ 354,335 $ B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 175,500 178,835 354,335
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G): 587,937 $ 1,172,200 $ 1,760,137 $ F RPTTF 1,172,200 442,937 1,615,137
G Administrative RPTTF - 145,000 145,000
H Current Period Enforceable Obligations (A+E): 766,772 $ 1,347,700 $ 2,114,472 $ Certification of Oversight Board Chairman: David Wert ChairmanPursuant to Section 34177 (o) of the Health and Safety Code, Ihereby certify that the above is a true and accurate RecognizedObligation Payment Schedule for the above named successoragency. Signature Date Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period

A B C D E F G H I JK L M N O P Q R S T U V W
Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF $ 2,114,472 41,179,258 $ - $ - $ 178,835 $ 442,937 $ 145,000 $ 766,772 $ - $ - $ 175,500 $ 1,172,200 $ - $ 1,347,700 $ 17 Admin Costs Admin Costs 7/1/2024 6/30/2025 Town of Apple Valley Dissolution Activities and Services VVEDA/AVRDA Project Area 2 1,740,000 N 145,000 $ 145,000 145,000 $ $ - 45 2020 Tax Allocation Refunding Bonds
(VVEDA)
Refunding Bonds Issued After 6/27/12
9/9/2020 6/1/2037 US Bank 2020 Tax Allocation Refunding Bonds for Capital Projects
VVEDA
11,460,800 N 351,000 $ 175,500 175,500 $ 175,500 175,500 $ 46 2020 Tax Allocation Refunding Bonds
(PA2)
Refunding Bonds Issued After 6/27/12
9/9/2020 6/1/2037 US Bank 2020 Tax Allocation Refunding Bonds for Capital Projects/ Housing Projects
Project Area 2
27,809,600 N 1,604,400 $ 432,200 432,200 $ 1,172,200 1,172,200 $ 47 2020 Tax Allocation Refunding Bonds
Trustee Fees (VVEDA)
Fees 9/9/2020 6/1/2037 US Bank Annual Fiscal Agent for VVEDA Project Area Bonds
VVEDA
8,700 N 725 $ 725 725 $ $ -
48 2020 Tax Allocation Refunding Bonds
Continuing Disclosure (VVEDA)
Professional Services 9/9/2020 6/1/2037 Urban Futures Professional Service Costs relating to Annual Disclosure Requirements
VVEDA
31,320 N 2,610 $ 2,610 2,610 $ $ -
49 2020 Tax Allocation Refunding Bonds
Trustee Fees (PA2)
Fees 9/9/2020 6/1/2037 US Bank Annual Fiscal Agent Fees for Project Area 2 Bonds
Project Area 2
33,990 N 2,833 $ 2,833 2,833 $ $ -
50 2020 Tax Allocation Refunding Bonds
Continuing Disclosure (PA2)
Professional Services 9/9/2020 6/1/2037 Urban Futures Professional Service Costs relating to Annual Disclosure Requirements
Project Area 2
94,848 N 7,904 $ 7,904 7,904 $ $ -
$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ - $ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ -$ - $ - $ - $ - $ - $ -$ - $ - $ -
$ - $ - $ -
$ - $ - $ -$ - $ - $ -$ - $ - $ -
$ - $ - $ -
$ - $ - $ -$ - $ - $ -
$ - $ - $ -
$ - $ - $ -$ - $ - $ -$ - $ - $ -
$ - $ - $ -
$ - $ - $ -$ - $ - $ -$ - $ - $ -
$ - $ - $ -$ - $ - $ -
$ - $ - $ -$ - $ - $ -$ - $ - $ -
$ - $ - $ -
$ - $ - $ -$ - $ - $ -$ - $ - $ -
$ - $ - $ -
25-26 B (January - June)
Fund Sources
Town of Apple Valley Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026
(Report Amounts in Whole Dollars)
Item # Project Name/Debt Obligation Obligation Type Contract/Agreement Execution Date Contract/Agreement Termination Date Payee Description/Project Scope Project Area Total
Outstanding
Debt or
Obligation
25-26 B
Total Retired ROPS 25-26 Total
25-26 A (July - December)
Fund Sources 25-26 A
Total

A B CDEFG H
Reserve Balance Other Funds RPTTF
Bonds issued on or
before 12/31/11
Bonds issued on or
after 01/01/12
Prior ROPS RPTTF
and Reserve
Balances retained for
future period(s)
Rent,
Grants,
Interest, etc.

Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution amount 0 0 0 116,129 154,951
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total distribution from the Count y Auditor-Controller 0 0 0 358,959 913,773
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
0 0 0 354,230 993,010
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 0 0 0 0 53,624
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA form submitted to the CAC 22,090
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) $ 0 0 $ 0 $ 120,858 $ 0 $ No entry required
Town of Apple Valley Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds

Item # Notes/Comments
45  The Successor Agency receives these funds from the VVEDA Successor Agency, which requests funding for these line items on their ROPS.47 The Successor Agency receives these funds from the VVEDA Successor Agency, which requests funding for these line items on their ROPS.48 The Successor Agency receives these funds from the VVEDA Successor Agency, which requests funding for these line items on their ROPS.

Town of Apple Valley Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026

ATTACHMENT C
$       145,000 $        27,889 117,111 $          $       145,000 $        ‐ 145,000 $ ‐ ‐ ‐
$      145,000 $       27,889 117,111 $         $      145,000 $      145,000 $                  ‐ STAFF:

Finance Director
12% 28,600 $          27,314 $          1,286 $            28,600 $          28,600 $          ‐ $ Finance Analyst
12% 23,500             22,443             1,057               23,500             23,500             ‐ Administrative Analyst II 5% 12,500             11,938             562                  12,500             12,500             ‐ Accountant I/II
9% 14,000             13,371             629                  14,000             14,000             ‐ Town Manager
10% 15,600             14,899             701                  15,600             15,600             ‐ Town Attorney
5% 9,100               8,691               409                  9,100               9,100               ‐ Town Clerk
5% 11,700             11,174             526                  11,700             11,700             ‐ Consultants
100% 30,000 $          7,281 $            22,719 $          30,000 $          30,000 $          ‐ $ $      145,000 $       27,889 117,111 $         $      145,000 $       ‐ 145,000 $ Reviewing agenda items, research for ROPS, responding to OB, CAC, and DOFRecords and posts into general ledger, keeping recordsAssists with review and responses to information COMMENTS/NOTES ON VARIANCES:

Sub‐Total Personnel Costs
$                   ‐
Oversees all Successor Agency activityReview staff reports, resolutions, provide legal Total Expenses ‐ should equal "RPTTF to Successor Agency"1 Requested
FY 2023‐24
Processes and reviews all invoices, payments,  general ledger analysisPrepare ROPS, PPA, staff reports, and resolutions; attend meetings, coordinate with staff on responses to OB, CAC, and DOF; project cash ADMINISTRATIVE COSTS %
Allocated
Coordinates Successor Agency Agenda Items, Staff Reports, Resolutions $       115,000
Other/Indirect: Other ‐ Specify Purpose %  Allocated
2025 ‐ 2026
= Variance= Variance

REVENUE
EXPENSES1
= Variance= Variance Requested  FY 2025‐26 Actual  FY 2023‐24  Requested  Description FY 2024‐25 ADMINISTRATIVE BUDGET FY:

Requested
FY 2025‐26
Total Administrative Budget
Complete all four columns for Revenue and Expenses
throughout form.

Requested
FY 2024‐25
Actual
FY 2023‐24
Requested
FY 2023‐24
RPTTF to Successor Agency1
Entity General Fund to Cover RPTTF Shortfall (If applicable) SUCCESSOR AGENCY NAME: Town of Apple Valley
Methodology Implementation Date: 10/23/2024
1 Itemized "Expenses" should only reflect the portion paid by RPTTF, not General Fund or other funds $       115,000 $        5,170 109,830 $            $       115,000 BUDGET METHODOLOGY (Specify: Cost Allocation Plan, Time Study, etc.):   Time Study

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: APPROVING THE RETURN OF THE CALIFORNIA WATER & WASTEWATER ARREARAGE GRANT OF $5,749,510.29 TO THE

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

RECOMMENDED ACTION
Approve the return of the California Water and Wastewater Arrearage grant of $5,749,510.29 to the State Water Resources Control Board.

BACKGROUND
In July 2021, the California Water and Wastewater Arrearage Payment Program (Program) was created to provide financial assistance to water and wastewater residential and commercial customers who incurred past-due water and wastewater bills during the period of March 4, 2020 through June 15, 2021 (the COVID-19 pandemic period). The Program funding was provided from the California State Water Resources Control Board (CSWRCB) using federal American Rescue Plan Act of 2021 (ARPA) funds.

ANALYSIS
On May 2, 2022, the Town of Apple Valley submitted an application for funding from the Program for 9,488 residential and 279 commercial Town’s wastewater customers in the amount of $6,248,818.28, plus administrative costs of $187,494.55. On June 2, 2022, the Town received a total of $6,437,312.83 from CSWRCB as Program grant funds. In September 2022, a total of $5,562,015.74 was credited to 9584 residential and commercial wastewater customers in the Town. Unused funds of $687,802.54 were returned to the CSWRCB in December 2022. The grant application was submitted based on an erroneous interpretation and application of the Program criteria. Accordingly, in April 2024, the Town management reached out to the Division of Wastewater Arrearages in CSWRCB to arrange the return of the grant funds of $5,562,015.74 plus administrative

costs of $187,494.55. The Town and CSWRCB agreed to the return of $5,749,510.29 in December 2024.

Fiscal impact
The funds will be disbursed from the Wastewater Fund cash balance which currently has an unaudited balance of $11.8 million. The disbursement itself does not have an impact on the Fund’s reserve balance and does not require additional appropriation. Finance is monitoring the Fund for possible cash loan from the General Fund if cash goes short or negative in the Wastewater Fund.

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: APPROVE ADDENDUM NO. 1 TO R.T. DESAI & ASSOCIATES’ FY 2024-25 PROFESSIONAL SERVICES AGREEMENT AND
ADDITIONAL APPROPRIATION OF $100,000.00
From: Douglas Robertson, Town Manager
Submitted by: Emad Gewaily, Director of Finance
Finance Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Approve Addendum No. 1 to R.T. Desai & Associates Professional Services Agreement for continued accounting and finance assistance and additional appropriation of $100,000.00 for fiscal year 2024-25.

BACKGROUND
On August 20, 2024, the Town Manager awarded a Professional Services Agreement to R.T. Desai & Associates to provide accounting and financial support services for the purposes of assisting in the Town’s annual financial audit as well as various stand-alone financial statements, required reports, and other agreed-upon procedures. The award was for a not to exceed amount of $50,000 per fiscal year.

ANALYSIS
During the current fiscal year, critical issues arose concerning the audit and implementation of a new accounting and financial reporting system, along with staff shortages of key professional personnel. Additional in-depth analysis for specific items/areas was required and this has resulted in the invoice totals nearing the contract’s not to exceed amount. Within a short span of time, the Town’s Finance Department will need to complete FY 2022-23 and FY 2023-24 audits and financial statements which require a professional level of analysis.

FISCAL IMPACT
The initial contract of not to exceed $50,000 is included in FY 2024-25 budget. As of October 31, 2024, total expenditures under this contract is $41,250. Additional appropriation of $100,000 is requested in account 10011501-720010.

ATTACHMENTS
FY 2024-25 Professional Services Agreement with R.T. Desai & Associates.

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Supervisor Housing and Community Development
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a contract to J. Allison Construction, for the Residential Rehabilitation Loan Program applicant H25-06, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

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

Applicant H25-06 applied for the Residential Rehabilitation Loan Program (RRLP) on May 13, 2024, and was approved on June 06, 2024. In accordance with program regulations, a procurement process is required, and a job walk was conducted on October 18, 2024, with four (4) qualified contractors present.

On October 25, 2024, staff received three (3) complete bids. The bid results were as follows:

Contractor Base Bid Price

1. J. Allison Construction. $97,190.00

2. DC Construction $97,386.36

3. WGS Construction $106,125.00

Once awarded, the contractor will be responsible for providing the necessary labor, equipment, and materials to complete the project as detailed in the work write-up bid documents. Project shall be completed within 60 working days.

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

58.35(a). Due to the age of the property, a State Historic Preservation Office (SHPO) consultation was submitted, and a clearance letter was received on May 28, 2024. In addition, the property was subject to lead, asbestos, and mold testing requirements. The property contained positive traces of asbestos and lead which will be the responsibility of the awarded contractor to remediate in compliance with Environmental Protection Agency (EPA) standards.

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

The Town offers Residential Rehabilitation Loans up to $75,000. However, to meet Housing Quality Standards under the HOME program, several direct and indirect health and safety items must be addressed under the HOME program. The project manager will work with applicant H25-06 and J. Allison Construction to address all health and safety items. A 10% contingency will be set aside if unforeseen circumstances arise. The amount may increase or decrease by the contingency amount, and the final loan amount will be determined at the end of the project and after all final inspections have been completed.

FISCAL IMPACT
Funding for this project has been appropriated in the 2024-2025 program-year budget using the HOME Investment Partnership Program funding.

ATTACHMENTS
A Construction Contract

1 of 7

TOWN OF APPLE VALLEY

OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM

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

H25-06 J. Allison Construction
Owner Contractor
H25-06 14133 Americana St.

Property Address Contractor Address
Apple Valley, CA 92308 Victorville, CA 92392
City, State and Zip Code City, State and Zip Code

10 day of December 2024

1. General Scope of Work. Contractor shall furnish all necessary labor, tools, materials, fixtures, and equipment and complete the work concerning the property located at H25-06, Apple Valley, CA 92308 in accordance with the work write-up with bid prices referenced as Attachment “A” (38 pages) of this Contract. Owner agrees to the scope of work identified in Attachment “A” and agrees that all loan funds received from the Town of Apple Valley (“Town”) shall be used solely for the purpose of completing items identified in Attachment “A”. Change Orders will not be accepted without prior written approval from Town Staff.

2. Payment of CDBG and HOME Funds. The Contractor shall be paid, for performance, the total sum of Ninety-Seven Thousand, One Hundred Ninety and 00/100 Dollars ($97,190.00). A maximum of three progress payments will be made that will include any amounts due under the Contract. Contractor's final request, which includes the 5% retention, and remaining contract amount must include a signed building inspection card, if a permit was required, and signed labor and materials' lien releases. The contractor agrees that the work shall be completed free from any and all liens and claims of artisans, materials, suppliers, subcontractors, laborers and any other party. Once the Contractor submits final inspection request, the Construction Manager will schedule a final inspection to ensure the work has been completed per the Scope of Work and meets all applicable Building Codes. The Construction Disbursement Form will be signed by the Construction Manager, Project Mangers, Contractor, Homeowner(s) and Program Director.

All payments are subject to a “Net 60” payment window.

3. Time of Completion of the Project. No work shall be commenced by the Contractor until they have received a written Notice to Proceed from the Town, which shall be issued within 10 days after execution of this Contract. Owner shall have the job site ready for commencement of construction. Contractor shall commence work within ten (10) days after a receipt of a Notice to Proceed and shall complete the same within 60 working days after commencement, subject to permissible delays as described in part 14 hereof.

The projected final completion date is: TBD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

To Owner(s): H25-06 To Town: Town of Apple Valley
H25-06 14955 Dale Evans Parkway
Apple Valley, CA 92308 Apple Valley, CA 92307
Attn: Silvia Urenda
To
Contractor:

J. Allison Construction
14133 Americana St.

Victorville, CA 92392

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

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

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three (3) original copies on the day and year first above written (Copy to Owner, Copy to Contractor, Copy to Program Manager). "CONTRACTOR"
State of California Contractor's License Number: #B302944 Contractor's Business Phone Number: 760-559-9784
By:

John Allison-Owner
J. Allison Construction

TOWN OF APPLE VALLEY OWNER
By: By:

Scott Nassif, Mayor Owner’s Signature:

ATTEST:

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

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

BEST BEST & KRIEGER LLP
Thomas Rice, Town Attorney

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: ACCEPT STREET, LANDSCAPING AND DRAINAGE EASEMENTS AND ANNEX TRACT 17247 INTO THE TOWN’S LIGHTING AND

LANDSCAPE ASSESSMENT DISTRICT
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council:

A. Direct the Town Engineer, on behalf of the Town Council, to accept all interior streets, drainage, retention basin, and landscape easements as shown within Tract 17247.

B. Adopt Resolution No. 2024-35, A Resolution of the Town Council of the Town of Apple Valley initiating proceedings for an annexation of territory into the Apple Valley Landscaping and Lighting Assessment District No. 1, L-24.

C. Receive and approve the Engineer's Report as filed or as amended (Note: The Engineer’s report has already been filed and is made a part of this agenda item for the Council’s review and approval)
D. Receive and approve the Landowner’s consent.

E. Adopt Resolution No. 2024-36, A Resolution of the Town Council of the Town of Apple Valley declaring its intention to annex territory into the Apple Valley Lighting and Landscaping Assessment District No. 1, L-24 ordering improvements, and to levy and collect assessments pursuant to the Lighting and Landscaping Act of 1972.

BACKGROUND
When the Town Council approved Tract Map 17247 in December 2007, the original developer planned to create a private, gated community and form a Homeowner’s Association (HOA). The purpose of the HOA was to provide ongoing maintenance of the development's common areas, including its private streets, storm drain system, retention basin, perimeter landscaping, and bike path. The owners of the Tract irrevocably offered to dedicate the retention basin, landscape and the drainage easement to the Town.

However, because the original plan was to establish the interior streets and drainage easements as private, the Town Council rejected the offer to accept these facilities as public facilities on the recorded Tract Map.

The housing market, shortly after the tract map was approved, did not provide the opportunity for the developer to complete the project as originally planned. Since this time, Jimmy Luker with LGI Homes has requested that the Tract become a non-private community with public roads, drainage and landscaped facilities.

Because these drainage, basin, and landscaping easements are irrevocable, the Town can accept them at this time. The street easements were not originally offered to the Town as public roads. They can be accepted by a separate road dedication document. Attached are the “Acceptance of offers of dedication” document and the road “Grant of Easement” document for review and approval.

ANALYSIS
Because there will be no HOA established for the Tract, it is recommended that an assessment district be established in lieu of the HOA. The Town has established an Assessment District to maintain lighting, retention basins, and landscaped parkways. The Landscaping and Lighting Act of 1972 permits the installation, maintenance and servicing of landscaping and lighting through annual special assessments on real property benefiting from the improvements. The 1972 Act allows the annexation of Tract into the assessment district without holding a public hearing when all affected landowners provide their written consent. The applicant has elected to proceed with the streamline process and has executed the landowner consent form to create the district (L-24) and to waive the public hearing. To annex this location into the Apple Valley Lighting and Landscaping Assessment District No. 1, L-24, the Town Council should proceed with the actions listed in the recommendation.

FISCAL IMPACT
The cost of maintaining the established landscaped areas for Tract 17247 will be paid by the homeowners within the tract through the assessment district. The public interior streets will be added to the Town’s Street maintenance list and will be maintained by the Town.

ATTACHMENTS
A. Location Map
B. Road Easement Document
C. Drainage and Landscape Easements Acceptance Documents

D. Resolution No. 2024-35, initiating proceedings for an annexation of territory into the Apple Valley Landscaping and Lighting Assessment District No. 1, L-24.

E. Engineer's Report as filed or as amended (Note: The Engineer’s report has already been filed and is made a part of this agenda item for the Council’s review and approval) with the Landowner’s consent.

F. Resolution No. 2024-36, declaring its intention to annex territory into the Apple Valley Lighting and Landscaping Assessment District No. 1, L-24 ordering improvements, and to levy and collect assessments pursuant to the Lighting and Landscaping Act of 1972.

Recording Requested by:

Town of Apple Valley
When Recorded mail to:

TOWN OF APPLE VALLEY
Engineering Division
14955 Dale Evans Parkway
Apple Valley, CA 92307
FOR RECORDER’S USE ONLY
EXEMPT FROM RECORDING FEES PER GOVT. CODE §27383
EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV& TAX CODE §11922

GRANT OF EASEMENT
This is to certify that the interest in real property conveyed by the within deed or grant to the Town of Apple Valley, a political corporation and/or governmental agency, is hereby accepted under the authority of a resolution adopted by the Town Council as Resolution No. 89-53 on August 15, 1989, and the Grantee consents to the recordation thereof by its duly authorized officer.

By: ________________________________________ Date:________________ Richard H. Pedersen

TOWN ENGINEER

Assessor’s Parcel No.____________________
THE UNDERSIGNED LGI Homes, Inc hereby GRANTS to
the Town of Apple Valley, A MUNICIPAL CORPORATION AND BODY CORPORATE and POLITIC IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA to the PUBLIC IN GENERAL, an EASEMENT for STREET and HIGHWAY including PUBLIC ROAD, and PUBLIC UTILITY purposes, and all consistent and related purposes, in, over, under, through and across the following described real property in the, Town of Apple Valley, County of San Bernardino, State of California:

EXHIBITS “A” AND “B” ATTACHED TO AND HEREIN MADE A PART OF THIS DOCUMENT

SIGNED ____________________________ SIGNED __________________________________

PRINTED NAME AND TITLE PRINTED NAME AND TITLE
DATE _________________ DATE _________________

ATTACH APPROPRIATE NOTARY FORM

EXHIBIT “A”

OFFER OF DEDICATION FOR PUBLIC ROADS & UTILITY EASEMENT

Being all of Lots “C” through “T”, inclusive, of Amended Tract No. 17247, in the Town of Apple Valley, as filed in Book 338, Pages 83 through 91, inclusive, of Maps in the office of the San Bernardino County Recorder, County of San Bernardino, State of California, more particularly described as follows:

BEGINNING at the northwest corner of said Lot “F”, said point being on the southerly Right of Way line of Standing Rock Avenue (30’ half street as shown on said Amended Tract No. 17247);
Thence along the southerly Right of Way line of said Standing Rock Road, said line also being the northerly line of said Lot “F” North 89°11'32" East 143.01 feet to the northeast corner of said Lot “F”, said point being a non-tangent curve concave southeasterly having a radius of 30.00 feet, a radial line to the beginning of said curve bears North 00°48'28" West, said point also being a point on the easterly Right of Way line of White Sage Road as shown on said Amended Tract No. 17247;
Thence along the easterly line of said Lot “F”, the northerly line of said Lot “G”, the northerly, northeasterly, and easterly lines of said Lot “H”, the easterly lines of said Lots “I”, “T”, and “S”, the easterly, southeasterly and southerly lines of said Lot “R”, the southeasterly line of said Lot “M”, the easterly, southerly, and westerly lines of said Lot “Q”, the southerly, southwesterly and westerly lines of said Lot “P”, the westerly, northwesterly and northerly lines of said Lot “N”, the northwesterly line of said Lot “M", the westerly line of said Lot “L”, the southerly, southwesterly, and northerly lines of said Lot “K”, the northwesterly line of said Lot “L”, the westerly line of said Lot “E”, the southerly line of said Lot “D”, the easterly, southerly, westerly, and northerly lines of said Lot “C”, the northerly line of said Lot “D”, the westerly line of said Lot “E” and the westerly lines of said Lot “F” the following sixty (60) courses:

1. southwesterly 46.85 feet along said non-tangent curve through a central angle of 89°28'56";

2. tangent from said curve South 00°17'24" East 114.87 feet to the beginning of a tangent curve concave northeasterly having a radius of 30.00 feet;

3. southeasterly 47.39 feet along said tangent curve through a central angle of 90°30'47", said point hereinafter referred to as POINT “A”;

4. tangent from said curve North 89°11'49" East 277.07 feet to the beginning of a tangent curve concave northerly having a radius of 50.00 feet;

5. easterly 20.56 feet along said tangent curve through a central angle of 23°33'23" to a reverse curve concave southwesterly having a radius of 70.00 feet;

6. southeasterly 168.09 feet along said reverse curve through a central angle of 137°35'13" to a reverse curve concave easterly having a radius of 50.00 feet;

7. southerly 20.56 feet along said reverse curve through a central angle of 23°33'23";

8. tangent from said curve South 00°19'11" East 1995.76 feet to the beginning of a tangent curve concave easterly having a radius of 50.00 feet;

9. southerly 20.56 feet along said tangent curve through a central angle of 23°33'23" to a reverse curve concave northwesterly having a radius of 70.00 feet;

EXHIBIT “A”

OFFER OF DEDICATION FOR PUBLIC ROADS & UTILITY EASEMENT

10. southwesterly 166.84 feet along said reverse curve through a central angle of 136°33'43" to a reverse curve concave southerly having a radius of 50.00 feet;

11. westerly 20.47 feet along said reverse curve through a central angle of 23°27'40";

12. tangent from said curve South 89°13'29" West 283.91 feet to the beginning of a tangent curve concave southeasterly having a radius of 30.00 feet, said point hereinafter referred to as POINT “B”;

13. southwesterly 46.87 feet along said tangent curve through a central angle of 89°30'53";

14. tangent from said curve South 00°17'24" East 76.40 feet to the beginning of a tangent curve concave northeasterly having a radius of 20.00 feet;

15. southeasterly 15.57 feet along said tangent curve through a central angle of 44°35'32" to a reverse curve concave southwesterly having a radius of 46.00 feet;

16. southeasterly 35.80 feet along said reverse curve through a central angle of 44°35'32";

17. tangent from said curve South 00°17'24" East 9.20 feet to the beginning of a tangent curve concave northeasterly having a radius of 30.00 feet;

18. southeasterly 47.36 feet along said tangent curve through a central angle of 90°26'45";

19. non-tangent from said curve South 89°15'51" West 143.00 feet to a non-tangent curve concave northwesterly having a radius of 30.00 feet, a radial line to the beginning of said curve bears South 00°44'09" East;

20. northeasterly 46.89 feet along said non-tangent curve through a central angle of 89°33'15";

21. tangent from said curve North 00°17'24" West 132.00 feet to the beginning of a tangent curve concave southwesterly having a radius of 30.00 feet;

22. northwesterly 47.38 feet along said tangent curve through a central angle of 90°29'07", said point hereinafter referred to as POINT “C”;

23. tangent from said curve South 89°13'29" West 296.95 feet to the beginning of a tangent curve concave southerly having a radius of 50.00 feet;

24. westerly 20.65 feet along said tangent curve through a central angle of 23°39'33" to a reverse curve concave northeasterly having a radius of 70.00 feet;

25. northwesterly 168.24 feet along said reverse curve through a central angle of 137°42'33" to a reverse curve concave westerly having a radius of 50.00 feet;

26. northerly 20.56 feet along said reverse curve through a central angle of 23°33'24";

27. tangent from said curve North 00°16'55" West 702.49 feet to the beginning of a tangent curve concave westerly having a radius of 50.00 feet;

28. northerly 20.56 feet along said tangent curve through a central angle of 23°33'23" to a reverse curve concave southeasterly having a radius of 70.00 feet;

EXHIBIT “A”

OFFER OF DEDICATION FOR PUBLIC ROADS & UTILITY EASEMENT

29. northeasterly 166.90 feet along said reverse curve through a central angle of 136°36'20" to a reverse curve concave northerly having a radius of 50.00 feet;

30. easterly 20.56 feet along said reverse curve through a central angle of 23°33'23";

31. tangent from said curve North 89°12'39" East 302.59 feet to the beginning of a tangent curve concave northwesterly having a radius of 30.00 feet;

32. northeasterly 46.86 feet along said tangent curve through a central angle of 89°30'03";

33. tangent from said curve North 00°17'24" West 476.37 feet to the beginning of a tangent curve concave southwesterly having a radius of 30.00 feet;

34. northwesterly 49.17 feet along said tangent curve through a central angle of 93°53'57" to a compound curve concave southerly having a radius of 475.00 feet;

35. westerly 140.51 feet along said compound curve through a central angle of 16°56'54" to a compound curve concave southeasterly having a radius of 53.00 feet;

36. southwesterly 39.60 feet along said compound curve through a central angle of 42°48'39" to a reverse curve concave northeasterly having a radius of 47.00 feet;

37. northwesterly 210.98 feet along said reverse curve through a central angle of 257°11'46" to a reverse curve concave northerly having a radius of 53.00 feet;

38. easterly 32.86 feet along said reverse curve through a central angle of 35°31'25" to a reverse curve concave southerly having a radius of 525.00 feet;

39. easterly 172.82 feet along said reverse curve through a central angle of 18°51'37" to a reverse curve concave northwesterly having a radius of 30.00 feet;

40. northeasterly 45.49 feet along said reverse curve through a central angle of 86°52'28";

41. tangent from said curve North 00°17'24" West 425.32 feet to the beginning of a tangent curve concave southwesterly having a radius of 30.00 feet;

42. northwesterly 47.12 feet along said tangent curve through a central angle of 90°00'00";

43. tangent from said curve South 89°42'36" West 329.71 feet to the beginning of a tangent curve concave southeasterly having a radius of 30.00 feet;

44. southwesterly 47.12 feet along said tangent curve through a central angle of 90°00'00";

45. tangent from said curve South 00°17'24" East 114.46 feet to the beginning of a tangent curve concave northeasterly having a radius of 53.00 feet;

46. southeasterly 51.75 feet along said tangent curve through a central angle of 55°56'41" to a reverse curve concave northwesterly having a radius of 47.00 feet;

47. southwesterly 193.55 feet along said reverse curve through a central angle of 235°56'41";

EXHIBIT “A”

OFFER OF DEDICATION FOR PUBLIC ROADS & UTILITY EASEMENT

48. tangent from said curve North 00°17'24" West 451.18 feet to the beginning of a tangent curve concave westerly having a radius of 53.00 feet;

49. northerly 35.83 feet along said tangent curve through a central angle of 38°44'22" to a reverse curve concave southerly having a radius of 47.00 feet;

50. easterly 211.21 feet along said reverse curve through a central angle of 257°28'44" to a reverse curve concave easterly having a radius of 53.00 feet;

51. southerly 35.83 feet along said reverse curve through a central angle of 38°44'22";

52. tangent from said curve South 00°17'24" East 143.87 feet to the beginning of a tangent curve concave northeasterly having a radius of 30.00 feet;

53. southeasterly 47.12 feet along said tangent curve through a central angle of 90°00'00";

54. tangent from said curve North 89°42'36" East 329.71 feet to the beginning of a tangent curve concave northwesterly having a radius of 30.00 feet;

55. northeasterly 47.12 feet along said tangent curve through a central angle of 90°00'00";

56. tangent from said curve North 00°17'24" West 230.51 feet to the beginning of a tangent curve concave southwesterly having a radius of 20.00 feet;

57. northwesterly 15.57 feet along said tangent curve through a central angle of 44°35'53" to a reverse curve concave northeasterly having a radius of 46.00 feet;

58. northwesterly 35.81 feet along said reverse curve through a central angle of 44°35'53";

59. tangent from said curve North 00°17'24" West 9.05 feet to the beginning of a tangent curve concave southwesterly having a radius of 30.00 feet;

60. northwesterly 47.39 feet along said tangent curve through a central angle of 90°31'04" to the POINT OF BEGINNING.

EXCEPTING THEREFROM the following described parcels of land:

EXCEPTION 1
COMMENCING at the aforementioned POINT “A”;
Thence along the easterly line of said Lot “E” South 04°01'54" West 60.21 feet to the TRUE POINT OF BEGINNING, said point being the southwest corner of said Lot “G” as shown on said Amended Tract No. 17247, said point further being a point on the southerly line of said Saddleback Avenue (60’ feet in width as shown on said Amended Tract No. 17247); Thence along the southerly line of said Lot “G”, the westerly lines of said Lot “H”, the westerly lines of said Lot “I”, the northerly line of said Lot “J”, the northeasterly line of said Lot “L” and the easterly lines of said Lot “E” the following eight (8) courses:

1. North 89°11'49" East 309.94 feet to the beginning of a tangent curve concave southwesterly having a radius of 20.00 feet;

EXHIBIT “A”

OFFER OF DEDICATION FOR PUBLIC ROADS & UTILITY EASEMENT

2. southeasterly 31.58 feet along said tangent curve through a central angle of 90°29'00";

3. tangent from said curve South 00°19'11" East 594.35 feet to the beginning of a tangent curve concave northwesterly having a radius of 30.00 feet;

4. southwesterly 47.12 feet along said tangent curve through a central angle of 90°00'00" to the northeast corner of said Lot “J”;

5. tangent from said curve South 89°40'49" West 300.15 feet to the beginning of a tangent curve concave northeasterly having a radius of 30.00 feet;

6. northwesterly 47.14 feet along said tangent curve through a central angle of 90°01'47";

7. tangent from said curve North 00°17'24" West 581.73 feet to the beginning of a tangent curve concave southeasterly having a radius of 30.00 feet;

8. northeasterly 46.86 feet along said tangent curve through a central angle of 89°29'13" to the TRUE POINT OF BEGINNING.

EXCEPTION 2
COMMENCING at the aforementioned POINT “B”;
Thence North 00°11'43" East 60.01 feet to the northwest corner of said Lot “R”, said point being the TRUE POINT OF BEGINNING, said point being the beginning of a tangent curve concave northeasterly having a radius of 30.00 feet, a tangent bearing of South 89°13'29" West; Thence along the easterly lines of said Lot “M”, the easterly line of said Lot “L”, the southerly line of said Lot “J”, the westerly lines of said Lots “I”, “T”, and “S”, and the westerly, and northerly lines of Lot “R” the following eight (8) courses:

1. northwesterly 47.38 feet along said tangent curve through a central angle of 90°29'07";

2. tangent from said curve North 00°17'24" West 1329.85 feet to the beginning of a tangent curve concave southeasterly having a radius of 30.00 feet;

3. northeasterly 47.11 feet along said tangent curve through a central angle of 89°58'13" to the southwest corner of said Lot “J”;

4. tangent from said curve North 89°40'49" East 300.21 feet to the beginning of a tangent curve concave southwesterly having a radius of 30.00 feet;

5. southeasterly 47.12 feet along said tangent curve through a central angle of 90°00'00";

6. tangent from said curve South 00°19'11" East 1337.37 feet to the beginning of a tangent curve concave northwesterly having a radius of 20.00 feet;

7. southwesterly 31.26 feet along said tangent curve through a central angle of 89°32'40";

8. tangent from said curve South 89°13'29" West 310.82 feet to the TRUE POINT OF BEGINNING.

EXHIBIT “A”

OFFER OF DEDICATION FOR PUBLIC ROADS & UTILITY EASEMENT

EXCEPTION 3
COMMENCING at the aforementioned POINT “C”;
Thence North 04°00'15" East 60.21 feet to the northeast corner of said Lot “P”, said point being the TRUE POINT OF BEGINNING;
Thence along the northerly, northeasterly, and easterly lines of said Lot “P”, the easterly line of said Lot “O”, the easterly, southeasterly, and southerly lines of said Lot “N”, and the westerly lines of said Lot “M” the following eight (8) courses:

1. South 89°13'29" West 329.95 feet to the beginning of a tangent curve concave northeasterly having a radius of 20.00 feet;

2. northwesterly 31.59 feet along said tangent curve through a central angle of 90°29'36";

3. tangent from said curve North 00°16'55" West 758.33 feet to the beginning of a tangent curve concave southeasterly having a radius of 20.00 feet;

4. northeasterly 31.24 feet along said tangent curve through a central angle of 89°29'34";

5. tangent from said curve North 89°12'39" East 329.68 feet to the beginning of a tangent curve concave southwesterly having a radius of 30.00 feet;

6. southeasterly 47.39 feet along said tangent curve through a central angle of 90°29'57";

7. tangent from said curve South 00°17'24" East 738.41 feet to the beginning of a tangent curve concave northwesterly having a radius of 30.00 feet;

8. southwesterly 46.87 feet along said tangent curve through a central angle of 89°30'52" to the TRUE POINT OF BEGINNING.

Containing 12.329 Acres, more or less,
See Exhibit “B”, attached hereto and by this reference made a part hereof.

Date:

Robert N. Beuschlein, L.S. 7874
04/23/2024

2 3
4 5
6 7
8 9
10 11

STANDING ROCK AVENUE
AVENUE
AVENUE

DESERT LILY COURT

THISTLEPOPPY
LOTUS

WATERLEAF ROAD

WHITE SAGE ROAD

INDIGO ROAD

CRIMSON

OCOTILLA ROAD

RAMONA AVENUE
AVENUE
AVENUE
COURT

SMOKE BUSH

SADDLEBACK
No. 7874

S T A T E O F CA L I F ORN I A

L ICENSED LAND SURVEYOR
R O
B E R T N . B E U S C H L E I N

HUNSAKER E
N
W
S
2 04/23/2024

STANDING ROCK AVENUE

DESERT LILY COURT

SMOKE BUSH AVENUE

WHITE SAGE ROAD

SADDLEBACK AVENUE

OFFER OF DEDICATION
P.O.B.

NW CORNER LOT "F"
POINT "A" T.P.O.B. - EXCEPTION 1

HUNSAKER E
N
W
S
SEE SHEET 3
SEE SHEET 4 SEE SHEETS 4 & 5

STANDING ROCK AVENUE

WHITE SAGE ROAD

INDIGO ROAD

SMOKE BUSH AVENUE

SADDLEBACK AVENUE

OFFER OF DEDICATION

OFFER OF DEDICATION
POINT "A"
T.P.O.B. - EXCEPTION 1

HUNSAKER E
N
W
S
SEE SHEETS 2 & 4
SEE SHEETS 4 & 5 SEE SHEET 5
P.O.B.

NW CORNER LOT "F"

DESERT LILY COURT

THISTLEPOPPY

WHITE SAGE ROAD
COURT

SMOKE BUSH AVENUE

OFFER OF DEDICATION

OFFER OF DEDICATION

HUNSAKER E
N
W
S
SEE SHEETS 5 & 7
SEE SHEET 2 SEE SHEETS 2 & 3
SEE SHEETS 6 & 7

THISTLEPOPPY COURT

WHITE SAGE ROAD

INDIGO ROAD

OFFER OF DEDICATION

OFFER OF DEDICATION

HUNSAKER E
N
W
S
AVENUE

SMOKE BUSH
COURT

THISTLEPOPPY
SEE SHEETS 2 & 3 SEE SHEET 3
SEE SHEETS 2 & 4
SEE SHEETS 6 & 7 SEE SHEET 7
SEE SHEETS 4 & 6

LOTUS AVENUE

WHITE SAGE ROAD

OFFER OF DEDICATION

THISTLEPOPPY
COURT

OFFER OF DEDICATION

HUNSAKER E
N
W
S

THISTLEPOPPY COURT
SEE SHEETS 4 & 5
SEE SHEETS 5 & 7
SEE SHEET 8 WATERLEAF ROAD SEE SHEETS 4 & 5

WHITE SAGE ROAD

INDIGO ROAD

THISTLEPOPPY COURT

OFFER OF DEDICATION

OFFER OF DEDICATION

HUNSAKER E
N
W
S
SEE SHEET 5
SEE SHEETS 4 & 6
SEE SHEETS 4 & 5
SEE SHEETS 8 & 9 SEE SHEET 9
SEE SHEETS 6 & 8
AVENUE
LOTUS
COURT

THISTLEPOPPY

LOTUS AVENUE

WATERLEAF ROAD

WHITE SAGE ROAD

OFFER OF DEDICATION

OFFER OF DEDICATION

HUNSAKER E
N
W
S
SEE SHEETS 6 & 7
SEE SHEET 10 SEE SHEETS 10 & 11

WHITE SAGE ROAD

INDIGO ROAD

OFFER OF DEDICATION

OFFER OF DEDICATION

HUNSAKER E
N
W
S

LOTUS AVENUE
SEE SHEETS 6 & 7
SEE SHEETS 6 & 8
SEE SHEET 7
SEE SHEETS 10 & 11 SEE SHEET 11

WATERLEAF ROAD

WHITE SAGE ROAD

CRIMSON AVENUE

RAMONA AVENUE

OFFER OF DEDICATION
POINT "C"
T.P.O.B. - EXCEPTION 3

OFFER OF DEDICATION

OFFER OF DEDICATION

HUNSAKER E
N
W
S
POINT "B"
T.P.O.B.

EXCEPTION 2
SEE SHEET 8
SEE SHEET 11
SEE SHEETS 8 & 9

WHITE SAGE ROAD

INDIGO ROAD

CRIMSON AVENUE

RAMONA AVENUE

OFFER OF DEDICATION
POINT "C"
POINT "B"
T.P.O.B.

EXCEPTION 2

OFFER OF DEDICATION

HUNSAKER E
N
W
SSEE SHEET 10
SEE SHEETS 8 & 9 SEE SHEET 9
T.P.O.B.

EXCEPTION 3

LINE DATA LINE DATA

CURVE DATA CURVE DATA

Recording Requested by:

TOWN OF APPLE VALLEY
Engineering Department
14955 Dale Evans Parkway
Apple Valley, CA 92307

When Recorded mail to:

Same as above.

FOR RECORDER’S USE ONLY
EXEMPT FROM RECORDING FEES PER GOVT. CODE §27383
EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV. & TAX CODE §11922

ACCEPTANCE OF IRREVOCABLE

OFFER OF DEDICATION
WHEREAS, James Wait, as authorized owner’s representative, by the recordation of Tract Map Number 17247, on December 28, 2007 recorded in Book 331, at Pages 42 through 49 of Maps, records of the County of San Bernardino, State of California, have made an irrevocable offer to dedicate easements on the following described property:

An easement for landscaping and drainage purposes along the northerly portions of Lots 1, 6, 7, and 124 through 128 inclusive together with an easement for landscaping and bicycle path purposes along the easterly portion of lots 102 through 124 inclusive, together with an easement for landscape, drainage and equestrian trail purposes along the southerly portion of lots 39 through 43 inclusive and lots 98 trough 102 inclusive as shown on said map.

An easement over the west 10-feet of Lot 6 for drainage and public utility purposes, and the southeasterly 20-feet of lot 125 for drainage purposes.

An easement across Lot “B” for Retention Basin Purposes,

As shown on Tract Map Number 17247, on December 28, 2007 recorded in Book 331, at Pages 42 through 49 of Maps, records of the County of San Bernardino, State of California, AND WHEREAS, the Town of Apple Valley, a political corporation and/or governmental agency, hereby accepts by the undersigned officer or agent on behalf of the Town Council, pursuant to authority conferred by Resolution No. 89-53 of said Council which was adopted on August 15, 1989, and the Grantee consents to recordation of this acceptance by its duly authorized officer or agent.

TOWN OF APPLE VALLEY
By: ________________________________________ Date: ________________

RICHARD PEDERSEN

TOWN ENGINEER

RESOLUTION NO. 2024-35

A RESOLUTION OF THE TOWN COUNCIL OF THE

TOWN OF APPLE VALLEY INITIATING PROCEEDINGS

FOR AN ANNEXATION OF TERRITORY INTO THE

APPLE VALLEY LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 1, L-24

APPLE VALLEY LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 1, ANNEXATION #L-24
(Pursuant to the Landscaping and Lighting Act of 1972)
The Town Council of the Town of Apple Valley hereby resolves as follows:

Section 1: The Town Council, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Part II of Division 15 of the California Streets and Highways Code), has found that landscaping maintenance of certain areas within the Town is necessary to preserve the environment and aesthetic beauty of the Town and is in the general public interest; and, therefore, proposes to annex territory into the Apple Valley Lighting and Landscaping Assessment District No. 1 (AVLLAD #1) and declares its intention to levy and collect assessments pursuant to said Landscaping and Lighting Act of 1972. The specific improvement areas and improvements therefore are described in the AVLLAD #1 Engineer’s Report on file in the office of the Town Clerk of the Town of Apple Valley and incorporated herein by this reference.

Section 2: The proposed Landscaping and Lighting assessment district to be benefited by said improvements to be assessed to pay the costs and expenses thereof shall be designated as "Annexation No. L-24 of the Apple Valley Landscaping and Lighting Assessment District No. 1", Town of Apple Valley, San Bernardino County, California, and is comprised of the area within Tract Map No. 17247, as more particularly described in the Engineer’s Report, on file in the office of the Town Engineer of the Town of Apple Valley and incorporated herein by this reference.

Section 3: The Developer, LGI Homes, LLC, is the sole owner of that certain real property located in the Town of Apple Valley, County of San Bernardino, State of California, and is developing the property as a single-family subdivision.

Section 4: As a condition of its approval of final tract map 17247 to be recorded, the Town required that certain landscape and drainage easements within and adjacent to Tract 17247, be improved with landscaping and related improvements to a standard acceptable to the Town, and that the Developer provide a means satisfactory to the Town for assuring the continued maintenance, operation and servicing of said improvement areas and the improvements thereto.

Resolution 2024-35
Section 5: In response to the Town of Apple Valley’s conditions to its approval of the recordation of the final tract map, the Developer has executed and filed with the Town Council a Landowner’s Consent wherein the Developer has among other things, requested the formation of a maintenance district for the continued maintenance, operation and servicing of said improvement areas and all improvements thereon.

Section 6: Pursuant to Sections 22585 and 22605 of the Streets and Highway Code of the State of California, the Town hereby proposes to initiate proceedings for an annexation into the Apple Valley Landscaping and Lighting Assessment District #1 in accordance with the provisions of the “Landscaping and Lighting Act of 1972”.

Section 7: Pursuant to the provisions of Section 22608 and 22608.2 of the Streets and Highway Code, the Town has determined that the Developer has given written consent to the proposed assessment of that certain real property described in the Engineer’s Report on file in the office of the Town Clerk of the Town of Apple Valley and incorporated herein by this reference, to provide for the continued maintenance, operation and servicing of the improvement areas, and all the improvements thereon, and that the property is to be assessed without notice, or hearing.

Section 8: The Town Engineer of the Town of Apple Valley is hereby designated engineer for the purpose of these formation proceedings. The Town Council hereby directs the engineer to prepare and file with the Town Clerk of the Town of Apple Valley, a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972. Reference is hereby made to said report for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 10th day of December, 2024.
_______________________________
Scott Nassif, Mayor
ATTEST:
______________________________
La Vonda M-Pearson, Town Clerk

ENGINEERS REPORT
FOR

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
(LMAD)

TOWN OF APPLE VALLEY
PREPARED FOR: TRACT NO. 17247
ANNEXATION L-24
PREPARED BY: DESIGN STUDIOS LANDSCAPE DEVELOPMENT
88 N. O AK S TREET , S UITE 1A
V ENTURA , C ALIFORNIA 93001
661-295-1970
www.designstudiosld.com
9/30/26

ANNEXATION TO LMAD

TOWN OF APPLE VALLEY

TABLE OF CONTENTS

ANNEXATION OVERVIEW

ASSESSMENT DIAGRAM EXHIBIT ‘A’
TRACT 17247 LANDSCAPE & IRRIGATION PLANS EXHIBIT ‘B’
ESTIMATED ANNUAL MAINTENANCE COST EXHIBIT ‘C’

CAPITAL RESERVE COST ESTIMATE
DETERMINATION OF ASSESSEMENT AMOUNT EXHIBIT ‘D’
ASSESSMENT ROLL EXHIBIT ‘E’
PROPERTY OWNERS LISTING EXHIBIT ‘F’
LANDOWNER CONSENT EXHIBIT ‘G’

ANNEXATION L-24 TO L.L.D. No. 1

TOWN OF APPLE VALLEY
ANNEXATION L-24 OVERVIEW
Annexation L-24 to the Apple Valley Lighting and Landscaping Assessment District No. 1 is being proposed to provide funding for the maintenance of the common landscaped areas within Tract No. 17247. The landscaped area to be maintained by the district is the perimeter landscaping from tract wall to back of walk/horse trail which includes the right of way along Standing Rock Avenue, Ocotilla Road and Ramona Avenue within Tract 17247. In addition, approximately 1.15 acres of open space landscaping is provided within Lot B retention basin. Refer to assessment diagram (Exhibit ‘A’).

With the construction of Tract 17247 the landscape area along Standing Rock Ave. will have gravel mulch, planted with Pine and Pistache trees with groups of shrubs in between. Ocotilla Road will have gravel mulch, planted with Sweet Bay and Cork Oak trees with groups of shrubs in between. Accent corners at intersections will have gravel mulch, planted with Desert Willow and Pine trees with groups of shrubs. Ramona Ave. will have gravel mulch, planted with Honey Locust trees and groups of shrubs in between. All streetscapes will meet planting requirements per Planning and be irrigated with bubblers for trees and drip point source for shrubs. The basin will be planted with a variety of trees, shrubs, and groundcover to meeting Planning requirements. Irrigation at the basin will be bubblers at trees and overhead spray for shrubs and groundcover.

The landscape and irrigation plans have been included in the engineer’s report (Exhibit ‘B’). After the acceptance, by the district, of the landscaped areas of the Town of Apple Valley, the funds generated by the annexation will allow the district to provide for the maintenance of the landscaped area.

Exhibit ‘A’

Exhibit ‘B’
Town of Apple Valley – Tract 17247
Annexation L-24 to Apple Valley Landscaping Assessment District No. 1 The following sets of landscape plans are on file with the Town of Apple Valley:

Ocotillo Ranch Landscape Improvement Plans (March 26, 22024) The above plan was designed by:

Robert G. Leo, Licensed Landscape Architect
Design Studios
Landscape Development, LLC
88 N. Oak Street, Suite 1A
Ventura, CA 93001
(6361) 295-1970

EXHIBIT ‘C’
ANNEXATION L-24 TO L.L.D. No. 1

TOWN OF APPLE VALLEY

ESTIMATED ANNUAL MAINTENANCE COST
The estimated annual maintenance costs for Annexation L-24 are determined as follows:

Landscape Maintenance – The total landscaped area to be maintained in Tract 17247 as shown on Exhibit ‘A’ is a total of 131,473 sq. ft.

Detention Basin = 50,178 s.f. x $0.05/s.f./mo. X 12mo. 1yr. = $30,108 Streetscapes = 81,295 s.f. x $0.05/s.f./mo. X 12mo. 1yr. = $48,780 Water Consumption – An estimated cost of $939.74 monthly is used for the cost of watering the proposed landscaping in Annexation L-24. This was based on Liberty Utilities rates:

All water used per 100 cu. Ft. = $5.895
Service Charges (Per meter Per month): 1” = $97.63 / 1 ½” = $195.25 (Total = $292.88) Project Estimated Total Water Use = 985,069 Gallons/Year 985,068(gal./yr.) / 12mos = 82,089(gal./month) > Converted to cubic feet (cf) = 10,973 10,973(cf/month) / 100 = 109.73
109.73 X $5.895 (Liberty Utilities water rate) = $646.86 $646.86 (Estimated rate based on usage) + $292.88 (Water meter service charge) = $939.74
Water Consumption Cost = $939.74/mo. X 12mos = $11,276.88/year Electrical Cost – The electrical cost for the low-voltage actuator energy is based on an estimated minimum monthly charge per electric meter ($200/month). This money can also be used for maintenance and battery replacement of a solar electric actuator system. Therefore, the annual electrical cost for Annexation L-24 is:

Electrical Cost = $400/mo. (2 electric meters) X 12mos = $4,800/year Publishing, Noticing, Miscellaneous – An amount of $200.00 per year is requested by the Town staff for the proportionate share of the subject incidental costs in Annexation L24.

Contingencies + Admin. = ($78,888.00+$11,276.88+$4,800+$200.00 X 0.05) = $4,758.24/year

CAPITAL RESERVE COST ESTIMATE
Irrigation and Landscaping major repair or replacement cost estimate:

If any or all the components of Assessment District L-24 need replacement or major repairs, that which is above and beyond the regular annual maintenance activities, which exceed the regular annual maintenance cost, a Capital Reserve will be added to the annual assessment.

The Annualized Capital Reserve Cost along with the Regular Annual Maintenance cost establishes the Maximum Annual Assessment.

Reserve for Replacement Assessment Estimate (assumed 20 year life):

Improvement Construction Cost Annual Reserve
Amount
Irrigation & Landscaping 706,685 x 5% $35,335
Total Capital Reserve, Replacement and Major Repair Cost: $35,335 *An escalation factor is hereby established to provide for increased maintenance costs due to inflation in future fiscal years. The maximum annual increase shall be the current annualized Consumer Price Index (expressed as a percent) plus two percent (2%). Said Consumer Price Index shall be the Consumer Price Index for all Urban Consumers for the Los Angeles-Riverside-Orange County area, published by the United States Department of Labor, Bureau of Labor Statistics.

A summary of the maintenance, servicing, and incidental and capital reserve costs is presented in Exhibit “D”.

EXHIBIT ‘D’
ANNEXATION L-24 TO L.L.D. No. 1

TOWN OF APPLE VALLEY

DETERMINATION OF ASSESSMENT AMOUNT
The annual assessment to each parcel is established and based on the Regular Annual Maintenance Costs along with the Annualized Capital Reserve Costs per Exhibit “C” divided by the number of lots within the tract. For the first several years, it is anticipated that the cost to maintain the assessment district will be limited to the Regular Maintenance. However, as costs rise due to major repairs and replacement, not covered by regular maintenance, the annual levee will be adjusted, utilizing the Capital Reserve portion of the Maximum Annual Assessment. The annual assessment will never exceed the Maximum Annual Assessment, including the annual escalation factor without a vote by ballot by the property owners.
*Estimated Annual Maintenance and Reserve Costs:

Total Regular Annual Maintenance,
Servicing, and Incidental costs:
$99,923.12
Total Capital Reserve Costs: $35,335
Total Costs: $135,258.12
Total Number of Lots: 128
Maximum Per Lot Annual Assessment
Amount:
$1,056.70
Maximum Per Lot Monthly Assessment
Amount:
$88.06
Regular Annual Assessment /per lot
($99,923.12/128 square foot):
$780.65
*Excludes future escalation factors

EXHIBIT ‘E’
ANNEXATION L-24 TO L.L.D. No. 1

TOWN OF APPLE VALLEY

ASSESSMENT ROLL
TRACT NO. 17247 LOT ASSESSMENTS:

LOT # APN Maximum
Assessment
Amount
Regular
Assessed
Amount
1 Not Yet Assigned $1,056.70 $780.65
2 Not Yet Assigned $1,056.70 $780.65
3 Not Yet Assigned $1,056.70 $780.65
4 Not Yet Assigned $1,056.70 $780.65
5 Not Yet Assigned $1,056.70 $780.65
6 Not Yet Assigned $1,056.70 $780.65
7 Not Yet Assigned $1,056.70 $780.65
8 Not Yet Assigned $1,056.70 $780.65
9 Not Yet Assigned $1,056.70 $780.65
10 Not Yet Assigned $1,056.70 $780.65
11 Not Yet Assigned $1,056.70 $780.65
12 Not Yet Assigned $1,056.70 $780.65
13 Not Yet Assigned $1,056.70 $780.65
14 Not Yet Assigned $1,056.70 $780.65
15 Not Yet Assigned $1,056.70 $780.65
16 Not Yet Assigned $1,056.70 $780.65
17 Not Yet Assigned $1,056.70 $780.65
18 Not Yet Assigned $1,056.70 $780.65
19 Not Yet Assigned $1,056.70 $780.65
20 Not Yet Assigned $1,056.70 $780.65
21 Not Yet Assigned $1,056.70 $780.65
22 Not Yet Assigned $1,056.70 $780.65
23 Not Yet Assigned $1,056.70 $780.65
24 Not Yet Assigned $1,056.70 $780.65
25 Not Yet Assigned $1,056.70 $780.65
26 Not Yet Assigned $1,056.70 $780.65
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128 Not Yet Assigned $1,056.70 $780.65

EXHIBIT ‘F’
ANNEXATION L-24 TO L.L.D. No. 1

TOWN OF APPLE VALLEY

PROPERTY OWNER LISTING
Property Owner: Current as of April, 2024
Current Assessor’s Parcel No. Owner
Tract No. 17247 LGI Homes – California, LLC
Address:
495 E. Rincon Street
Suite 101
Corona, CA 92879

EXHIBIT ‘G’
ANNEXATION L-24 TO L.L.D. No. 1

TOWN OF APPLE VALLEY

LAND OWNERS CONSENT TO FORMATION OF MAINTENANCE DISTRICT Town of Apple Valley Annexation L-24 to Apple Valley Landscape Maintenance District No. 1, Parcel Map 17247, and L.L.A. 2007-002
(Pursuant to the Landscaping and Lighting Act of 1972)

TO THE HONORABLE, THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY

1. The undersigned, is (are) the property owner(s) of land within the area shown on the map attached and made a part of this document and as described as follows:

APN 107-0-042-0-15

2. The undersigned hereby consents to the formation of a maintenance district and requests that this land be included with the Apple Valley Landscape Maintenance District No. 1 and be assessed annually for the cost of maintenance as described in the Engineer’s Report on file with the Town Clerk for the purpose of providing the following improvements:

Perimeter landscaping from tract wall to back of walk/horse trail which includes the right of way along Standing Rock Avenue, Ocotilla Road and Ramona Avenue within Tract 17247. In addition, approximately 1.15 acres of open space landscaping is provided within Lot B retention basin.

The undersigned hereby waives the right to any further notice and the public hearing otherwise required by the Landscape and Lighting Act of 1972 for the information of the maintenance district and the adoption of the first annual budget and the undersigned further consent to the approval by the Town Council of the Town of Apple Valley of the Engineer’s Report attached hereto and reference incorporated herein.

Name:_______________________________ Date:_____________ Address:_____________________________
_____________________________
Tim Roberts, Officer
495 E. Rincon Street, Suite 101
Corona, CA 92879
11/19/2024

RESOLUTION 2024-36

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN

OF APPLE VALLEY DECLARING ITS INTENTION TO

ANNEX TERRITORY INTO THE APPLE VALLEY

LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT
NO. 1, ORDERING IMPROVEMENTS, AND TO LEVY AND

COLLECT ASSESSMENTS PURSUANT TO THE
LIGHTING AND LANDSCAPING ACT OF 1972

APPLE VALLEY LIGHTING AND LANDSCAPING
ASSESSMENT DISTRICT NO. 1, ANNEXATION #L-24
(Pursuant to the Landscaping and Lighting Act of 1972)
The Town Council of the Town of Apple Valley hereby resolves as follows:

Section 1: The Town Council has found that landscaping maintenance of certain areas within the Town is necessary to preserve the environment and aesthetic beauty of the Town and is in the general public interest; and, on this date the Town Council adopted its Resolution Initiating Proceedings for the annexation of territory, Annexation No. L-24, into the Apple Valley Light and Landscaping Assessment District No. 1, Town of Apple Valley, San Bernardino County, California, and directed the preparation and filing of an Engineer’s Report on the proposed formation pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Part II of Division 15 of the California Streets and Highways Code)
Section 2: The Engineer for the proceedings has filed an Engineer’s Report with the Town Clerk.

Section 3: Owners of all land within the boundaries of the proposed assessment district have filed their consent to the formation of the proposed district without notice or hearing, and to the adoption of the Engineer’s Report and the levy of assessments stated therein.

Section 4: The Town Council hereby orders the improvements and the formation of the assessment district and annexing into the Apple Valley Lighting and Landscape District #1 described in the Resolution Initiating Proceedings and in the Engineer’s Report.

Section 5: The Town Council hereby confirms the diagram and assessment contained in the Engineer’s Report, and levies the assessment pursuant to Exhibit “E” of the Engineer’s Report.

Resolution 2024-36
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this the 10th day of December, 2024.
_________________________________
Scott Nassif, Mayor
ATTEST:
______________________________
La Vonda M-Pearson, Town Clerk

Town Council Agenda Report
Date: December 10, 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. 2024-37, 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 Assistant Town Manager, recommends adding the new Director of Planning (salary range 86; $11,218 to $15,851 monthly) job classification to the published classification and salary plan for department development and recruitment efforts. It is also recommended to remove the vacant Director of Community Development and Assistant Director of Community Development classifications from the classification and salary plan to better align with department direction.

Additionally, starting January 1, 2025, California minimum wage will increase to $16.50 per hour. This increase will only impact classifications currently on range 30 of the grade and step plan (Animal Services Assistant and Recreation Leader I). Therefore, it is proposed that all employees currently on step 1 ($16.24) of range 30 be moved to step 2 $16.65) to be in compliance with the State of California’s minimum wage law. The Human Resources Department has updated the Classification and Salary Plan and Range and Step Plan to reflect these changes.

FISCAL IMPACT
There is no cost associated with the addition of the Director of Planning Classification. All costs associated with the Minimum Wage increase will be accounted for in the annual budget.

ATTACHMENTS
A. Resolution 2024-37
B. Director of Planning Job Classification
C. Updated Classification and Salary Plan
D. Updated Grade and Step Plan

RESOLUTION NO. 2024 – 37

A RESOLUTION OF THE TOWN COUNCIL OF THE

TOWN OF APPLE VALLEY AMENDING THE

CLASSIFICATION AND SALARY PLAN FOR THE TOWN

OF APPLE VALLEY
WHEREAS, the Town Council of the Town of Apple Valley has established Classification and Salary Plan for the Town of Apple Valley; and WHEREAS, the Town Council of the Town of Apple Valley wishes to modify the classification and salary plan for the Town of Apple Valley.

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

Section 1. The Town Council finds that all of the facts set forth in the Recitals of this Resolution, are true and correct, and are incorporated herein by reference.

Section 2. The Town Council hereby adopts the Director of Planning 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. The Town Council hereby adopts the revised Range and Step Plan as shown in Attachment D.

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect.

Section 6. Effective Date. This Resolution is effective immediately. All resolutions, parts of resolutions in conflict herewith are hereby amended to be consistent herewith.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 10th day of December 2024.
_____________________________________
Scott Nassif, Mayor
ATTEST:
______________________________
La Vonda M-Pearson, Town Clerk

Resolution No. 2024-37 Town of Apple Valley Page 1 of 5 FLSA: Exempt*
Director of Planning

SUMMARY
Under general direction, plans, organizes, manages, and provides administrative direction and oversight for all functions and activities of the Planning Division, including current planning, advance planning, zoning, and environmental impact studies; coordinates assigned activities with other Town departments, officials, outside agencies, and the public; fosters cooperative working relationships among Town departments and with intergovernmental and regulatory agencies and various public and private groups; provides highly responsible and complex professional assistance to Town management staff in areas of expertise; serves as the Town’s Chief Planning Official; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Town Manager or Designee. Exercises general and direct supervision over professional and technical staff.

ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
 Participates in the development, manages, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the Planning Division; established within Town policy, appropriate service and staffing levels.  Manages and participates in the development and administration of the division’s budget.  Trains, motivates, and directs division personnel; evaluates and reviews work for acceptability and conformance with departmental standards, including program and project priorities and performance evaluations; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures; responds to staff questions and concerns.
 Contributes to the overall quality of the division’s service by developing, reviewing, and implementing policies and procedures to meet legal requirements and Town needs; continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors the distribution of work, support systems, and internal reporting relationships; identifies opportunities for improvement; directs the implementation of change.
 Administers and implements the Town’s General Plan and zoning ordinances, including providing staff direction regarding division policy interpretation and conducting meetings with the public regarding related issues.

Resolution No. 2024-37 Town of Apple Valley Page 2 of 5  Oversees Town compliance with current environmental laws and acts, including providing necessary direction and updated information to staff, setting policies and strategy, and drafting a variety of review reports.
 Participates in advanced-level land use and planning activities, including analyzing and reviewing complex development proposals; negotiates and manages consultant contracts for planning projects as well as development agreements.
 Provides project management for the most complex planning studies; analyzes site design, terrain constraints, circulation, land use compatibility, utilities, and other urban services for all planning applications; ensures compliance with Federal, State, and local laws, rules, and regulations.
 Confers with all Town entitling divisions as well as project engineers, developers, architects, and a variety of agencies and the general public in acquiring information and coordination of planning, zoning, subdivision, building, environmental, and related matters; provides information regarding Town development.
 Represents the Planning Division to other Town departments, elected officials, and outside agencies; explains and interprets divisional programs, policies, and activities; negotiates and resolves significant and controversial issues.
 Conducts a variety of divisional organizational and operational studies and investigations; recommends modifications to programs, policies, and procedures as appropriate.  Negotiates contracts and agreements; coordinates with legal counsel and Town division representatives to determine Town needs and requirements for contractual services.  Participates in and makes presentations to the Town Council, Planning Commission, and a variety of other commissions and advisory committees; attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of planning, land use and entitlements.
 Serves as primary staff support to the Planning Commission; manages the Planning Commission agenda preparation process, including the preparation, review, and approval of staff reports, special studies, and related work product.  Maintains and directs the maintenance of working and official files.  Monitors changes in laws, regulations, and technology that may affect Town or divisional operations; implements code amendments, policy and procedural changes as required.  Prepares, reviews, and presents staff reports, various management and information updates, and reports on special projects as assigned.
 Responds to public inquiries and complaints and assists with resolutions and alternative recommendations.
 Works collaboratively with other Town staff and management to carry out the Town’s Economic Development Strategy Performs other duties as assigned.

DISTINGUISHING CHARACTERISTICS
This is a department head classification that directs and participates in all activities of the Planning Division, including short- and long-range planning, development, and administration. This class provides assistance to the Town Manager or Designee in a variety of administrative, coordinative, analytical, and liaison capacities. Successful performance of the work requires knowledge of public policy, municipal functions, and activities, including the role of an elected Town Council, and the ability to develop, oversee, and implement projects and programs in a variety of areas.

Responsibilities include coordinating the activities of the Division with those of other departments and agencies and managing the complex and varied functions of the Division.

Resolution No. 2024-37 Town of Apple Valley Page 3 of 5

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

Equivalent to graduation from an accredited four-year college or university with major coursework in urban planning, community development, business or public administration, or a related field, and seven (7) years of responsible professional urban planning experience with considerable supervisory or administrative experience.

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

Knowledge of:
 Administrative principles and practices, including goal setting, program development, implementation and evaluation, and supervision of staff, either directly or through subordinate levels of supervision.
 Public agency budgetary, contract administration, Town-wide administrative practices; and general principles of risk management related to the functions of the assigned area.  Organizational and management practices as applied to the analysis and evaluation of projects, programs, policies, procedures, and operational needs; principles and practices of municipal government administration.
 Theories, principles, and contents of General Plan, land use, zoning, subdivision, urban planning principles and regulations, natural resource protection, and environmental laws.  Principles and techniques of conducting site planning, architectural review, subdivision design, land use, and other analytical studies.
 Applicable Federal, State, and local laws, codes, and regulations, such as NEPA and CEQA.  Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures.  Technical, legal, financial, and public relations problems associated with the management of community development programs.
 Methods and techniques for writing and presentations, contract negotiations, mediation and arbitration, business correspondence, and information distribution; research and reporting methods, techniques and procedures.
 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, 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.

Resolution No. 2024-37 Town of Apple Valley Page 4 of 5 Ability to:
 Develop and implement goals, objectives, policies, procedures, work standards, and internal controls for the department and assigned program areas.  Provide administrative and professional leadership and direction for the division and the department.
 Prepare and administer large and complex budgets; allocate limited resources in a cost effective manner.
 Interpret, apply, and ensure compliance with Federal, State, and local policies, procedures, laws, and regulations.
 Plan, organize, direct, and coordinate the work of management, supervisory, professional, and technical personnel; delegate authority and responsibility.  Select, train, motivate, and evaluate the work of staff and train staff in work procedures.  Research, analyze, and evaluate new service delivery methods, procedures, and techniques.  Develop, recommend, interpret, and apply the Town’s General Plan and Development Code.  Effectively administer special projects with contractual agreements and ensure compliance with stipulations; effectively administer a variety of Town programs and administrative activities.
 Conduct effective negotiations and effectively represent the Town and the division in meetings with governmental agencies, contractors, vendors, various businesses, professional, regulatory, and legislative organizations.
 Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.
 Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.
 Effectively represent the division and the Town in meetings with governmental agencies, community groups, various businesses, professional, and regulatory organizations and in meetings with individuals.
 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.  Operate modern office equipment, including computer equipment and specialized software applications programs.
 Use English effectively to communicate in person, over the telephone, and in writing.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish and maintain effective working relationships with those contacted in the course of the work.

PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle, to visit various Town and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard or calculator, and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials, and objects necessary to perform job functions.

Resolution No. 2024-37 Town of Apple Valley Page 5 of 5 Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
*FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.

Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Account Clerk I 36 $3,263 to $4,611
Account Clerk II 40 $3,602 to $5,090
Accountant I 52 $4,845 to $6,846
Accountant II 55 $5,217 to $7,372
Accountant, Senior 61 $6,051 to $8,550
Accounting Technician 46 $4,178 to $5,903
Administrative Analyst I 55 $5,217 to $7,372
Administrative Analyst II 61 $6,051 to $8,550
Administrative Assistant 42 $3,785 to $5,348
Administrative Assistant, Senior 48 $4,389 to $6,202
Animal 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 $2,884 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 2024-2025

Effective: December 10, 2024

Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2024-2025
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 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
Community Enhancement Officer 44 $3,976 to $5,619
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

Effective: December 10, 2024

Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2024-2025
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 Planning 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
Facilities Supervisor 59 $5,759 to $8,138
Finance Analyst 67 $7,017 to $9,915

Effective: December 10, 2024

Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2024-2025
Finance Manager 72 $7,939 to $11,218
Fiscal Services Supervisor 61 $6,051 to $8,550
Fleet Mechanic 45 $4,076 to $5,759
Geographic Information Systems (GIS) Specialist 55 $5,217 to $7,372 Golf Services Aide 30 $2,814 to $3,976
Golf Services Retail Assistant 34 $3,106 to $4,389
Golf Services Supervisor 52 $4,845 to $6,846
Graphic and Web Designer 55 $5,217 to $7,373
Housing & Community Dev Specialist I 57 $5,482 to $7,745 Housing & Community Dev Specialist II 63 $6,357 to $8,982 Housing & Community Development Supervisor 65 $6,679 to $9,437 Housing & Community Development Technician 43 $3,879 to $5,482 Human Resources Analyst 61 $6,051 to $8,550
Human Resources Assistant 50 $4,611 to $6,516
Human Resources Coordinator 55 $5,217 to $7,372
Human Resources Manager 69 $7,372 to $10,417
Innovation and Technology Analyst 67 $7,017 to $9,915
Innovation and Technology Coordinator 63 $6,357 to $8,982 Innovation and Technology Specialist 55 $5,217 to $7,372 Innovation and Technology Technician 49 $4,499 to $6,357 Intern 30 $2,814 to $3,976

Effective: December 10, 2024

Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2024-2025
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 Municipal Services Technician 42 $3,785 to $5,348
Office Assistant 33 $3,030 to $4,282
Office Assistant, Senior 39 $3,514 to $4,966
Park and Recreation Manager 72 $7,939 to $11,218
Parks Supervisor 52 $4,845 to $6,846
Planner, Senior 65 $6,679 to $9,437
Planning Manager 72 $7,939 to $11,218
Planning Technician 43 $3,879 to $5,482
Pool Manager 37 $3,345 to $4,727
Principal Planner 70 $7,557 to $10,677
Public Information Officer 72 $7,939 to $11,218
Public Relations Specialist 53 $4,966 to $7,017
Public Relations Specialist, Senior 56 $5,348 to $7,557 Public Works Inspector 52 $4,845 to $6,846
Public Works Manager 69 $7,372 to $10,417

Effective: December 10, 2024

Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2024-2025
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 $2,884 to $3,976
Recreation Leader II 34 $3,106 to $4,389
Recreation Specialist 43 $3,879 to $5,482
Recreation Supervisor 52 $4,845 to $6,846
Recreation Supervisor, Senior 59 $5,759 to $8,138
Registered Veterinary Technician 46 $4,178 to $5,903
Rescue Coordinator 44 $3,976 to $5,619
Special Projects Manager 72 $7,939 to $11,218
Town Clerk 76 $8,763 to $12,383
Town Manager NR $24,929 to $24,929

Effective: December 10, 2024

Town of Apple Valley
Grade and Step Plan 2024-2025
Step
112233445566778
30 $2,814 $16.24 $2,884 $16.65 $2,956 $17.06 $3,030 $17.48 $3,106 $17.92 $3,184 $18.38 $3,263 $18.83 $3,345 31 $2,884 $16.65 $2,956 $17.06 $3,030 $17.48 $3,106 $17.92 $3,184 $18.38 $3,263 $18.83 $3,345 $19.30 $3,429 32 $2,956 $17.06 $3,030 $17.48 $3,106 $17.92 $3,184 $18.38 $3,263 $18.83 $3,345 $19.30 $3,429 $19.79 $3,514 33 $3,030 $17.48 $3,106 $17.92 $3,184 $18.38 $3,263 $18.83 $3,345 $19.30 $3,429 $19.79 $3,514 $20.27 $3,602 34 $3,106 $17.92 $3,184 $18.38 $3,263 $18.83 $3,345 $19.30 $3,429 $19.79 $3,514 $20.27 $3,602 $20.79 $3,692 35 $3,184 $18.38 $3,263 $18.83 $3,345 $19.30 $3,429 $19.79 $3,514 $20.27 $3,602 $20.79 $3,692 $21.30 $3,785 36 $3,263 $18.83 $3,345 $19.30 $3,429 $19.79 $3,514 $20.27 $3,602 $20.79 $3,692 $21.30 $3,785 $21.84 $3,879 37 $3,345 $19.30 $3,429 $19.79 $3,514 $20.27 $3,602 $20.79 $3,692 $21.30 $3,785 $21.84 $3,879 $22.38 $3,976 38 $3,429 $19.79 $3,514 $20.27 $3,602 $20.79 $3,692 $21.30 $3,785 $21.84 $3,879 $22.38 $3,976 $22.95 $4,076 39 $3,514 $20.27 $3,602 $20.79 $3,692 $21.30 $3,785 $21.84 $3,879 $22.38 $3,976 $22.95 $4,076 $23.53 $4,178 40 $3,602 $20.79 $3,692 $21.30 $3,785 $21.84 $3,879 $22.38 $3,976 $22.95 $4,076 $23.53 $4,178 $24.10 $4,282 41 $3,692 $21.30 $3,785 $21.84 $3,879 $22.38 $3,976 $22.95 $4,076 $23.53 $4,178 $24.10 $4,282 $24.71 $4,389 42 $3,785 $21.84 $3,879 $22.38 $3,976 $22.95 $4,076 $23.53 $4,178 $24.10 $4,282 $24.71 $4,389 $25.33 $4,499 43 $3,879 $22.38 $3,976 $22.95 $4,076 $23.53 $4,178 $24.10 $4,282 $24.71 $4,389 $25.33 $4,499 $25.96 $4,611 44 $3,976 $22.95 $4,076 $23.53 $4,178 $24.10 $4,282 $24.71 $4,389 $25.33 $4,499 $25.96 $4,611 $26.61 $4,727 45 $4,076 $23.53 $4,178 $24.10 $4,282 $24.71 $4,389 $25.33 $4,499 $25.96 $4,611 $26.61 $4,727 $27.27 $4,845 46 $4,178 $24.10 $4,282 $24.71 $4,389 $25.33 $4,499 $25.96 $4,611 $26.61 $4,727 $27.27 $4,845 $27.95 $4,966 47 $4,282 $24.71 $4,389 $25.33 $4,499 $25.96 $4,611 $26.61 $4,727 $27.27 $4,845 $27.95 $4,966 $28.66 $5,090 48 $4,389 $25.33 $4,499 $25.96 $4,611 $26.61 $4,727 $27.27 $4,845 $27.95 $4,966 $28.66 $5,090 $29.37 $5,217 49 $4,499 $25.96 $4,611 $26.61 $4,727 $27.27 $4,845 $27.95 $4,966 $28.66 $5,090 $29.37 $5,217 $30.11 $5,348 50 $4,611 $26.61 $4,727 $27.27 $4,845 $27.95 $4,966 $28.66 $5,090 $29.37 $5,217 $30.11 $5,348 $30.86 $5,482 51 $4,727 $27.27 $4,845 $27.95 $4,966 $28.66 $5,090 $29.37 $5,217 $30.11 $5,348 $30.86 $5,482 $31.62 $5,619 52 $4,845 $27.95 $4,966 $28.66 $5,090 $29.37 $5,217 $30.11 $5,348 $30.86 $5,482 $31.62 $5,619 $32.42 $5,759 53 $4,966 $28.66 $5,090 $29.37 $5,217 $30.11 $5,348 $30.86 $5,482 $31.62 $5,619 $32.42 $5,759 $33.23 $5,903 54 $5,090 $29.37 $5,217 $30.11 $5,348 $30.86 $5,482 $31.62 $5,619 $32.42 $5,759 $33.23 $5,903 $34.05 $6,051 55 $5,217 $30.11 $5,348 $30.86 $5,482 $31.62 $5,619 $32.42 $5,759 $33.23 $5,903 $34.05 $6,051 $34.92 $6,202 56 $5,348 $30.86 $5,482 $31.62 $5,619 $32.42 $5,759 $33.23 $5,903 $34.05 $6,051 $34.92 $6,202 $35.78 $6,357 57 $5,482 $31.62 $5,619 $32.42 $5,759 $33.23 $5,903 $34.05 $6,051 $34.92 $6,202 $35.78 $6,357 $36.68 $6,516 58 $5,619 $32.42 $5,759 $33.23 $5,903 $34.05 $6,051 $34.92 $6,202 $35.78 $6,357 $36.68 $6,516 $37.60 $6,679 59 $5,759 $33.23 $5,903 $34.05 $6,051 $34.92 $6,202 $35.78 $6,357 $36.68 $6,516 $37.60 $6,679 $38.53 $6,846 60 $5,903 $34.05 $6,051 $34.92 $6,202 $35.78 $6,357 $36.68 $6,516 $37.60 $6,679 $38.53 $6,846 $39.50 $7,017 61 $6,051 $34.92 $6,202 $35.78 $6,357 $36.68 $6,516 $37.60 $6,679 $38.53 $6,846 $39.50 $7,017 $40.49 $7,192 62 $6,202 $35.78 $6,357 $36.68 $6,516 $37.60 $6,679 $38.53 $6,846 $39.50 $7,017 $40.49 $7,192 $41.50 $7,372 63 $6,357 $36.68 $6,516 $37.60 $6,679 $38.53 $6,846 $39.50 $7,017 $40.49 $7,192 $41.50 $7,372 $42.53 $7,557 64 $6,516 $37.60 $6,679 $38.53 $6,846 $39.50 $7,017 $40.49 $7,192 $41.50 $7,372 $42.53 $7,557 $43.60 $7,745 65 $6,679 $38.53 $6,846 $39.50 $7,017 $40.49 $7,192 $41.50 $7,372 $42.53 $7,557 $43.60 $7,745 $44.68 $7,939 66 $6,846 $39.50 $7,017 $40.49 $7,192 $41.50 $7,372 $42.53 $7,557 $43.60 $7,745 $44.68 $7,939 $45.81 $8,138 67 $7,017 $40.49 $7,192 $41.50 $7,372 $42.53 $7,557 $43.60 $7,745 $44.68 $7,939 $45.81 $8,138 $46.96 $8,341 68 $7,192 $41.50 $7,372 $42.53 $7,557 $43.60 $7,745 $44.68 $7,939 $45.81 $8,138 $46.96 $8,341 $48.12 $8,550 69 $7,372 $42.53 $7,557 $43.60 $7,745 $44.68 $7,939 $45.81 $8,138 $46.96 $8,341 $48.12 $8,550 $49.34 $8,763 70 $7,557 $43.60 $7,745 $44.68 $7,939 $45.81 $8,138 $46.96 $8,341 $48.12 $8,550 $49.34 $8,763 $50.56 $8,982 71 $7,745 $44.68 $7,939 $45.81 $8,138 $46.96 $8,341 $48.12 $8,550 $49.34 $8,763 $50.56 $8,982 $51.83 $9,207 72 $7,939 $45.81 $8,138 $46.96 $8,341 $48.12 $8,550 $49.34 $8,763 $50.56 $8,982 $51.83 $9,207 $53.12 $9,437 73 $8,138 $46.96 $8,341 $48.12 $8,550 $49.34 $8,763 $50.56 $8,982 $51.83 $9,207 $53.12 $9,437 $54.45 $9,673 74 $8,341 $48.12 $8,550 $49.34 $8,763 $50.56 $8,982 $51.83 $9,207 $53.12 $9,437 $54.45 $9,673 $55.82 $9,915 75 $8,550 $49.34 $8,763 $50.56 $8,982 $51.83 $9,207 $53.12 $9,437 $54.45 $9,673 $55.82 $9,915 $57.21 $10,163 76 $8,763 $50.56 $8,982 $51.83 $9,207 $53.12 $9,437 $54.45 $9,673 $55.82 $9,915 $57.21 $10,163 $58.64 $10,417 77 $8,982 $51.83 $9,207 $53.12 $9,437 $54.45 $9,673 $55.82 $9,915 $57.21 $10,163 $58.64 $10,417 $60.10 $10,677 78 $9,207 $53.12 $9,437 $54.45 $9,673 $55.82 $9,915 $57.21 $10,163 $58.64 $10,417 $60.10 $10,677 $61.60 $10,944 79 $9,437 $54.45 $9,673 $55.82 $9,915 $57.21 $10,163 $58.64 $10,417 $60.10 $10,677 $61.60 $10,944 $63.15 $11,218 80 $9,673 $55.82 $9,915 $57.21 $10,163 $58.64 $10,417 $60.10 $10,677 $61.60 $10,944 $63.15 $11,218 $64.73 $11,498 Effective : 01/01/2025

Town of Apple Valley
Grade and Step Plan 2024-2025
Step 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8
81 $9,915 $57.21 $10,163 $58.64 $10,417 $60.10 $10,677 $61.60 $10,944 $63.15 $11,218 $64.73 $11,498 $66.34 $11,786 82 $10,163 $58.64 $10,417 $60.10 $10,677 $61.60 $10,944 $63.15 $11,218 $64.73 $11,498 $66.34 $11,786 $68.00 $12,081 83 $10,417 $60.10 $10,677 $61.60 $10,944 $63.15 $11,218 $64.73 $11,498 $66.34 $11,786 $68.00 $12,081 $69.70 $12,383 84 $10,677 $61.60 $10,944 $63.15 $11,218 $64.73 $11,498 $66.34 $11,786 $68.00 $12,081 $69.70 $12,383 $71.44 $12,692 85 $10,944 $63.15 $11,218 $64.73 $11,498 $66.34 $11,786 $68.00 $12,081 $69.70 $12,383 $71.44 $12,692 $73.22 $13,010 86 $11,218 $64.73 $11,498 $66.34 $11,786 $68.00 $12,081 $69.70 $12,383 $71.44 $12,692 $73.22 $13,010 $75.06 $13,335 87 $11,498 $66.34 $11,786 $68.00 $12,081 $69.70 $12,383 $71.44 $12,692 $73.22 $13,010 $75.06 $13,335 $76.94 $13,668 88 $11,786 $68.00 $12,081 $69.70 $12,383 $71.44 $12,692 $73.22 $13,010 $75.06 $13,335 $76.94 $13,668 $78.86 $14,010 89 $12,081 $69.70 $12,383 $71.44 $12,692 $73.22 $13,010 $75.06 $13,335 $76.94 $13,668 $78.86 $14,010 $80.84 $14,360 90 $12,383 $71.44 $12,692 $73.22 $13,010 $75.06 $13,335 $76.94 $13,668 $78.86 $14,010 $80.84 $14,360 $82.86 $14,719 Effective : 01/01/2025

Town of Apple Valley
Grade and Step Plan 2024-2025
Step
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 899 10 10 11 11 12 12 13 13 14 14 15 15
$19.30 $3,429 $19.79 $3,514 $20.27 $3,602 $20.79 $3,692 $21.30 $3,785 $21.84 $3,879 $22.38 $3,976 $22.95 $19.79 $3,514 $20.27 $3,602 $20.79 $3,692 $21.30 $3,785 $21.84 $3,879 $22.38 $3,976 $22.95 $4,076 $23.53 $20.27 $3,602 $20.79 $3,692 $21.30 $3,785 $21.84 $3,879 $22.38 $3,976 $22.95 $4,076 $23.53 $4,178 $24.10 $20.79 $3,692 $21.30 $3,785 $21.84 $3,879 $22.38 $3,976 $22.95 $4,076 $23.53 $4,178 $24.10 $4,282 $24.71 $21.30 $3,785 $21.84 $3,879 $22.38 $3,976 $22.95 $4,076 $23.53 $4,178 $24.10 $4,282 $24.71 $4,389 $25.33 $21.84 $3,879 $22.38 $3,976 $22.95 $4,076 $23.53 $4,178 $24.10 $4,282 $24.71 $4,389 $25.33 $4,499 $25.96 $22.38 $3,976 $22.95 $4,076 $23.53 $4,178 $24.10 $4,282 $24.71 $4,389 $25.33 $4,499 $25.96 $4,611 $26.61 $22.95 $4,076 $23.53 $4,178 $24.10 $4,282 $24.71 $4,389 $25.33 $4,499 $25.96 $4,611 $26.61 $4,727 $27.27 $23.53 $4,178 $24.10 $4,282 $24.71 $4,389 $25.33 $4,499 $25.96 $4,611 $26.61 $4,727 $27.27 $4,845 $27.95 $24.10 $4,282 $24.71 $4,389 $25.33 $4,499 $25.96 $4,611 $26.61 $4,727 $27.27 $4,845 $27.95 $4,966 $28.66 $24.71 $4,389 $25.33 $4,499 $25.96 $4,611 $26.61 $4,727 $27.27 $4,845 $27.95 $4,966 $28.66 $5,090 $29.37 $25.33 $4,499 $25.96 $4,611 $26.61 $4,727 $27.27 $4,845 $27.95 $4,966 $28.66 $5,090 $29.37 $5,217 $30.11 $25.96 $4,611 $26.61 $4,727 $27.27 $4,845 $27.95 $4,966 $28.66 $5,090 $29.37 $5,217 $30.11 $5,348 $30.86 $26.61 $4,727 $27.27 $4,845 $27.95 $4,966 $28.66 $5,090 $29.37 $5,217 $30.11 $5,348 $30.86 $5,482 $31.62 $27.27 $4,845 $27.95 $4,966 $28.66 $5,090 $29.37 $5,217 $30.11 $5,348 $30.86 $5,482 $31.62 $5,619 $32.42 $27.95 $4,966 $28.66 $5,090 $29.37 $5,217 $30.11 $5,348 $30.86 $5,482 $31.62 $5,619 $32.42 $5,759 $33.23 $28.66 $5,090 $29.37 $5,217 $30.11 $5,348 $30.86 $5,482 $31.62 $5,619 $32.42 $5,759 $33.23 $5,903 $34.05 $29.37 $5,217 $30.11 $5,348 $30.86 $5,482 $31.62 $5,619 $32.42 $5,759 $33.23 $5,903 $34.05 $6,051 $34.92 $30.11 $5,348 $30.86 $5,482 $31.62 $5,619 $32.42 $5,759 $33.23 $5,903 $34.05 $6,051 $34.92 $6,202 $35.78 $30.86 $5,482 $31.62 $5,619 $32.42 $5,759 $33.23 $5,903 $34.05 $6,051 $34.92 $6,202 $35.78 $6,357 $36.68 $31.62 $5,619 $32.42 $5,759 $33.23 $5,903 $34.05 $6,051 $34.92 $6,202 $35.78 $6,357 $36.68 $6,516 $37.60 $32.42 $5,759 $33.23 $5,903 $34.05 $6,051 $34.92 $6,202 $35.78 $6,357 $36.68 $6,516 $37.60 $6,679 $38.53 $33.23 $5,903 $34.05 $6,051 $34.92 $6,202 $35.78 $6,357 $36.68 $6,516 $37.60 $6,679 $38.53 $6,846 $39.50 $34.05 $6,051 $34.92 $6,202 $35.78 $6,357 $36.68 $6,516 $37.60 $6,679 $38.53 $6,846 $39.50 $7,017 $40.49 $34.92 $6,202 $35.78 $6,357 $36.68 $6,516 $37.60 $6,679 $38.53 $6,846 $39.50 $7,017 $40.49 $7,192 $41.50 $35.78 $6,357 $36.68 $6,516 $37.60 $6,679 $38.53 $6,846 $39.50 $7,017 $40.49 $7,192 $41.50 $7,372 $42.53 $36.68 $6,516 $37.60 $6,679 $38.53 $6,846 $39.50 $7,017 $40.49 $7,192 $41.50 $7,372 $42.53 $7,557 $43.60 $37.60 $6,679 $38.53 $6,846 $39.50 $7,017 $40.49 $7,192 $41.50 $7,372 $42.53 $7,557 $43.60 $7,745 $44.68 $38.53 $6,846 $39.50 $7,017 $40.49 $7,192 $41.50 $7,372 $42.53 $7,557 $43.60 $7,745 $44.68 $7,939 $45.81 $39.50 $7,017 $40.49 $7,192 $41.50 $7,372 $42.53 $7,557 $43.60 $7,745 $44.68 $7,939 $45.81 $8,138 $46.96 $40.49 $7,192 $41.50 $7,372 $42.53 $7,557 $43.60 $7,745 $44.68 $7,939 $45.81 $8,138 $46.96 $8,341 $48.12 $41.50 $7,372 $42.53 $7,557 $43.60 $7,745 $44.68 $7,939 $45.81 $8,138 $46.96 $8,341 $48.12 $8,550 $49.34 $42.53 $7,557 $43.60 $7,745 $44.68 $7,939 $45.81 $8,138 $46.96 $8,341 $48.12 $8,550 $49.34 $8,763 $50.56 $43.60 $7,745 $44.68 $7,939 $45.81 $8,138 $46.96 $8,341 $48.12 $8,550 $49.34 $8,763 $50.56 $8,982 $51.83 $44.68 $7,939 $45.81 $8,138 $46.96 $8,341 $48.12 $8,550 $49.34 $8,763 $50.56 $8,982 $51.83 $9,207 $53.12 $45.81 $8,138 $46.96 $8,341 $48.12 $8,550 $49.34 $8,763 $50.56 $8,982 $51.83 $9,207 $53.12 $9,437 $54.45 $46.96 $8,341 $48.12 $8,550 $49.34 $8,763 $50.56 $8,982 $51.83 $9,207 $53.12 $9,437 $54.45 $9,673 $55.82 $48.12 $8,550 $49.34 $8,763 $50.56 $8,982 $51.83 $9,207 $53.12 $9,437 $54.45 $9,673 $55.82 $9,915 $57.21 $49.34 $8,763 $50.56 $8,982 $51.83 $9,207 $53.12 $9,437 $54.45 $9,673 $55.82 $9,915 $57.21 $10,163 $58.64 $50.56 $8,982 $51.83 $9,207 $53.12 $9,437 $54.45 $9,673 $55.82 $9,915 $57.21 $10,163 $58.64 $10,417 $60.10 $51.83 $9,207 $53.12 $9,437 $54.45 $9,673 $55.82 $9,915 $57.21 $10,163 $58.64 $10,417 $60.10 $10,677 $61.60 $53.12 $9,437 $54.45 $9,673 $55.82 $9,915 $57.21 $10,163 $58.64 $10,417 $60.10 $10,677 $61.60 $10,944 $63.15 $54.45 $9,673 $55.82 $9,915 $57.21 $10,163 $58.64 $10,417 $60.10 $10,677 $61.60 $10,944 $63.15 $11,218 $64.73 $55.82 $9,915 $57.21 $10,163 $58.64 $10,417 $60.10 $10,677 $61.60 $10,944 $63.15 $11,218 $64.73 $11,498 $66.34 $57.21 $10,163 $58.64 $10,417 $60.10 $10,677 $61.60 $10,944 $63.15 $11,218 $64.73 $11,498 $66.34 $11,786 $68.00 $58.64 $10,417 $60.10 $10,677 $61.60 $10,944 $63.15 $11,218 $64.73 $11,498 $66.34 $11,786 $68.00 $12,081 $69.70 $60.10 $10,677 $61.60 $10,944 $63.15 $11,218 $64.73 $11,498 $66.34 $11,786 $68.00 $12,081 $69.70 $12,383 $71.44 $61.60 $10,944 $63.15 $11,218 $64.73 $11,498 $66.34 $11,786 $68.00 $12,081 $69.70 $12,383 $71.44 $12,692 $73.22 $63.15 $11,218 $64.73 $11,498 $66.34 $11,786 $68.00 $12,081 $69.70 $12,383 $71.44 $12,692 $73.22 $13,010 $75.06 $64.73 $11,498 $66.34 $11,786 $68.00 $12,081 $69.70 $12,383 $71.44 $12,692 $73.22 $13,010 $75.06 $13,335 $76.94 $66.34 $11,786 $68.00 $12,081 $69.70 $12,383 $71.44 $12,692 $73.22 $13,010 $75.06 $13,335 $76.94 $13,668 $78.86 Effective : 01/01/2025

Town of Apple Valley
Grade and Step Plan 2024-2025
Step
81 82
83 84
85 86
87 88
89 90
8 9 9 10 10 11 11 12 12 13 13 14 14 15 15
$68.00 $12,081 $69.70 $12,383 $71.44 $12,692 $73.22 $13,010 $75.06 $13,335 $76.94 $13,668 $78.86 $14,010 $80.84 $69.70 $12,383 $71.44 $12,692 $73.22 $13,010 $75.06 $13,335 $76.94 $13,668 $78.86 $14,010 $80.84 $14,360 $82.86 $71.44 $12,692 $73.22 $13,010 $75.06 $13,335 $76.94 $13,668 $78.86 $14,010 $80.84 $14,360 $82.86 $14,719 $84.93 $73.22 $13,010 $75.06 $13,335 $76.94 $13,668 $78.86 $14,010 $80.84 $14,360 $82.86 $14,719 $84.93 $15,087 $87.05 $75.06 $13,335 $76.94 $13,668 $78.86 $14,010 $80.84 $14,360 $82.86 $14,719 $84.93 $15,087 $87.05 $15,464 $89.23 $76.94 $13,668 $78.86 $14,010 $80.84 $14,360 $82.86 $14,719 $84.93 $15,087 $87.05 $15,464 $89.23 $15,851 $91.46 $78.86 $14,010 $80.84 $14,360 $82.86 $14,719 $84.93 $15,087 $87.05 $15,464 $89.23 $15,851 $91.46 $16,247 $93.74 $80.84 $14,360 $82.86 $14,719 $84.93 $15,087 $87.05 $15,464 $89.23 $15,851 $91.46 $16,247 $93.74 $16,653 $96.09 $82.86 $14,719 $84.93 $15,087 $87.05 $15,464 $89.23 $15,851 $91.46 $16,247 $93.74 $16,653 $96.09 $17,069 $98.49 $84.93 $15,087 $87.05 $15,464 $89.23 $15,851 $91.46 $16,247 $93.74 $16,653 $96.09 $17,069 $98.49 $17,496 $100.95 Effective : 01/01/2025

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: APPROVE EXPANSION OF THE POWER CHOICE SOLAR AND BATTERY PROGRAM AND AMENDMENT NO. 1 TO THE POWER

CHOICE PROGRAM MANAGEMENT AGREEMENT
From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Director of Municipal Services Municipal Services Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council authorize the Town Manager, or his designees, to negotiate and execute all agreements, including non-substantive changes, related to the expansion of Apple Valley’s Power Choice Program through a partnership with Participate Energy, LLC (PE) in a form approved by the Town Attorney.

BACKGROUND
In 2017, the Town Council established the Apple Valley Community Choice Aggregation (CCA) program, Apple Valley Choice Energy (AVCE), and successfully began serving customers. In addition to providing renewable energy at competitive prices to our customers, AVCE intends to offer customer programs to not only support the renewable energy goals of the state by leveraging innovation and cutting-edge technologies, but also to enhance grid stability and create new meaningful benefits for our residents. In April 2023, the Council approved the Power Choice Solar and Battery Residential program.

The actions before the Town Council are in support of this effort.

On April 11, 2023, CalChoice and PE introduced to the Town Council the Apple Valley Power Choice Program, a collaborative initiative with Tesla designed to offer Apple Valley’s AVCE customers a residential solar and battery storage solution. The Town Council formally adopted this program through a series of agreements, establishing an accessible path for the community to acquire solar panels and battery storage without upfront costs or credit checks. The AVCE Power Choice Program empowers residents with the benefits of solar energy, including lower energy costs, backup power, and the

opportunity to participate in grid services, making clean energy more equitable and accessible for all. The program officially launched to all residential customers on May 17, 2024.

The Power Choice Program advances solar market democratization by removing consumer credit checks, requiring no upfront costs, and offering low energy rates.

Historically, such programs have been limited to individuals with high credit scores, restricting solar benefits to those able to afford these systems. While initially available only to residential customers, there is now a proposal to extend the program to all commercial and industrial customers. Given its considerable benefits, staff recommend expanding marketing efforts to ensure that all Apple Valley residents and businesses are informed and able to take advantage of this valuable opportunity through AVCE, thus enhancing community access to energy savings and resilience.

AVCE Power Choice for Commercial and Industrial Customers Based on the successful implementation of the residential program and its results, Town staff are seeking the Town Council's approval to develop a similar model that will remove the financial barriers to deploying solar for commercial and industrial customers, giving the business community an additional tool to obtain and harness the benefits of solar and battery storage. The commercial and industrial components of the AVCE Power Choice program will be designed similarly to the residential program and offer no upfront costs and 100% financed commercial systems for a term of 25 years. Each system will be engineered and designed to optimize energy and cost savings for the local business.

AVCE Power Choice Marketing Efforts Expansion
Since the launch of the AVCE Power Choice Program, Town staff have undertaken several marketing activities to increase participation, including a targeted social media campaign across the Town’s platforms to raise awareness of the AVCE Power Choice Program, Town and AVCE newsletters, and attending Town public events to promote the program and encourage participation by AVCE customers.

Expanding the Power Choice program to include Channel Partners provides an opportunity to enhance its impact through expanded marketing efforts, including a dedicated sales force to promote the program more strategically. Staff and PE propose engaging Channel Partners to increase program awareness, offer customers more choices, and boost participation by fostering competition among installers. Through this approach, Apple Valley residents and businesses will be able to select from various local and regional installers, each providing consistent solar and battery specifications. With all Channel Partners operating under the same Power Choice program policies and pricing structure, customers can compare offers and select the proposal that best meets their needs.

The existing AVCE Power Choice program will remain in effect and available to any customer wishing to participate directly with Tesla through the AVCE or Tesla websites.

Introducing Channel Partners to the program will increase marketing and outreach efforts while providing additional customer choice for the Town’s residents.

The Power Choice Program entails several agreements between the program partners (i.e., the Town and PE) and the program participant (i.e., AVCE customers). The program is structured through several agreements that stipulate the roles and responsibilities, associated costs, and operation and maintenance, including the following:

Program Management Agreement (PMA)
The PMA includes a scope of services generally provided by the Town. These services include marketing and outreach to customers in the AVCE service territory to promote the program and encourage program participation. The PMA Amendment modifies the existing scope of services to add services to be performed by PE, that strengthens and augments the marketing and outreach services provided by Town staff. These additional services will be performed under the guidance and direction of Town staff.

Per the Amendment, compensation for these services will be based on a minimal “per watt” installed for each system that has reached operational status. This fee will be subtracted from the current PMA fee per watt installed that reached completion and operation status. The average fee for a residential system is $380 per home.

The Framework Agreement
The Framework Agreement, which also includes the Channel Partner Agreements, provides details on the structure of the agreement between the Town and PE; it describes the responsibilities of each partner.

Under the proposed program, the different partners would hold the following responsibilities:
 PE is the financier responsible for funding, procuring, and managing the Power Choice Program, including ongoing operations.
 The Town, through AVCE, will lend its creditworthiness to pursue an equitable process by ensuring that program participation is not subject to individual credit approvals. Additionally, AVCE will purchase the energy generated from solar and battery equipment and sell said energy to the program participants at a competitive rate. Finally, AVCE will support the program partners by marketing the Power Choice Program to Apple Valley residents and AVCE customers.

FISCAL IMPACT
There is no fiscal impact to the General Fund associated with this action. The current program design calls for the Town to collect a fee of $0.40 per watt during the construction phase in connection with the required development services. However, with PE’s added efforts to boost participation through the Channel Partners program, this fee will be adjusted to $0.35 per watt. Additionally, the Town will continue to receive the agreed revenue streams, including a service fee of $0.02 per kilowatt-hour (kWh) generated and a monthly fee of $15.00 for each installed Powerwall, sustained throughout the program’s duration.

ATTACHMENTS
A. Copy of fully executed Program Management Agreement
B. Installer framework agreement
C. Amendment No. 1 to Program Management Agreement

PROGRAM MANAGEMENT AGREEMENT
This Program Management Agreement (this “Agreement”) dated effective as of January 29, 2024, (the “Effective Date”) is by and between TOWN OF APPLE VALLEY, A

CALIFORNIA MUNICIPAL CORPORATION, D/B/A APPLE VALLEY CHOICE ENERGY (“Program Manager”), and Participate.Energy LLC, a Delaware limited liability company (the “Owner”). The parties hereto are sometimes herein referred to individually as a “Party” and collectively as the “Parties”.

RECITALS
A. Program Manager, Owner and Tesla, Inc. (“Installer”) have entered into certain agreements for the creation of a distributed solar and energy storage program for residential electricity customers in Program Manager’s service territory (the “Program”). Under the terms of the Program, Owner will develop, finance, and own residential solar and energy storage systems to be located at private residences within Program Manager’s service territory (each a “System” or, collectively, the “Systems”), Installer will install the Systems under an installation contract between Installer and Owner (“Installation Contract”), and Program Manager will buy from Owner the energy and certain energy attributes and benefits generated by each System under the terms of a certain power purchase agreement between the Parties of even date herewith (the “Power Purchase Agreement”).

B. Owner does not independently maintain the internal capability to perform the Program Management Services (as defined below) that Owner requires in connection with the installation of the Systems, and Program Manager’s capabilities are expected to provide significant benefits to Owner. Therefore, Owner desires to engage Program Manager to manage certain aspects of the System permit management, Installer communication, and origination of potential customers in Program Manager’s service territory, all as further set forth herein (the “Program Management Services”).

C. In consideration of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the sufficiency and adequacy of which are hereby acknowledged, the Parties agree to the following:

AGREEMENT
In consideration of the above recitals, the premises and mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows:

1. Appointment and Term; Assumption of Development Responsibilities; Standard of Performance. Owner hereby appoints Program Manager to render the Program Management Services as further described in the Schedule of Program Management Services attached hereto as Exhibit A. Program Manager hereby accepts such appointment. The term of this Agreement shall be co-terminus with the term of the Power Purchase Agreement (“Term”).

Program Manager shall use such diligence, care and prudence in the performance of its obligations DocuSign Envelope ID: 53EA396B-C0CE-4E78-9156-2A37FF23329F

2 hereunder as are commercially reasonable, and shall devote such time, effort and skills of its personnel as a reasonable service Program Manager in like position would do in like circumstances.

2. Limitations and Restrictions. Notwithstanding any provisions of this Agreement, Program Manager shall not take any action, expend any sum, make any decision, give any consent, approval or authorization, or incur any obligation with respect to any of the following matters unless and until the same has been approved by Owner:
(a) alteration of any System contemplated by the Installation Contract, except for such matters as may be expressly delegated in writing to Program Manager by Owner; (b) any proposed change in the installation of a System, or in the plans and specifications therefor as previously approved by Owner, that increases the cost thereof, or any other change that would affect the design, cost, value or quality of any of a System, except for such matters as may be expressly delegated in writing to Program Manager by Owner.

3. Standard of Conduct.
a) Program Manager shall provide the Program Management Services, perform its other obligations and exercise its rights or powers under this Agreement in a prudent manner, with the degree of skill and judgment normally exercised by Program Managers performing Program Management Services for the permitting of systems of a similar nature, and in accordance with: (i) any applicable laws and regulations; and (ii) any agreement, instrument or other document to which Owner is a party, and that Owner has delivered to Program Manager, that relates to a System or any component thereof (“Project Documents”), except to the extent Owner provides Program Manager with written instructions not to do so in the event Owner is contesting in good faith the validity or application of any such applicable laws and regulations or such term and condition of a System Document, in any reasonable manner. b) Program Manager may, at any time, if it reasonably considers it to be necessary or appropriate, request written instruction from Owner with respect to any matter contemplated by this Agreement and may defer action thereon pending the receipt of such written instructions.
c) Program Manager shall advise Owner promptly, if it becomes aware of any material inconsistency between any of the following:
(i) Owner’s instructions given in accordance with this Agreement from time to time;
(ii) any System Document;
(iii) Required insurance (if any); and
(iv) any applicable laws and regulations or Permit.

DocuSign Envelope ID: 53EA396B-C0CE-4E78-9156-2A37FF23329F

3 d) Any action taken by Program Manager in accordance with the written instructions of Owner, or failure to act pending the receipt of such written instructions, shall be deemed to be within the scope of Program Manager’s authority and in accordance with its obligations under this Agreement and, without limitation, shall not constitute gross negligence or willful misconduct as referred in Section 10(b).

4. Accounts and Records.
(a) Program Manager, shall keep such books of account and other records relating to each System as may be required by applicable laws and regulations or as reasonably requested by Owner in writing. All accounts and records relating to a System, including all correspondence, shall be surrendered to Owner upon demand without charge therefor. (b) All books and records prepared or maintained by Program Manager shall be kept and maintained at all times at secure locations accessible to Owner for audit, inspection and copying by Owner or any representative or auditor therefor or supervisory or regulatory authority upon reasonable written request.
(c) During the Term, Program Manager shall keep Owner reasonably informed as to the status of the Program Management Services provided by Program Manager. Program Manager shall notify Owner in writing of any material event related to the Program Management Services provided by Program Manager hereunder.

5. Accrual Schedule. The Program Management Agreement Fee (as defined below) shall be earned in full for a System when a System is placed in service for purposes of Sections 48 and 168 of the Internal Revenue Code, as amended, and shall be paid promptly when a System has reached final completion under the terms of the respective Installation Contract (collectively, “Final Completion”).

6. Compensation. As consideration for Program Manager’s Program Management Services to be performed under this Agreement, Owner will pay Program Manager a fee (the “Program Management Agreement Fee”) equal to Forty U.S. Cents ($0.40) multiplied by each Watt/dc of solar generating capacity for each System that has reached Final Completion and for which Program Manager has confirmed in a legally binding manner that such System will be covered under the Power Purchase Agreement for the term thereof.

DocuSign Envelope ID: 53EA396B-C0CE-4E78-9156-2A37FF23329F

4 7. Default and Remedies. If Program Manager defaults in the performance of any of its material covenants or obligations under this Agreement and such default continues unremedied for a period of 30 days after written notice thereof from Owner to Program Manager, Owner shall have the right, at its election, to exercise one or more of the following rights and remedies; provided, however, if the default is of such a nature that it cannot be cured within the 30-day period, and Program Manager has begun to cure each default within the 30-day period, Program Manager shall have an additional 60 days in which to cure said default provided it acts in good faith and with due diligence to cure the same (all of which shall be cumulative); provided, further, however, that a default under any agreement with a contractor, subcontractor, engineer or equipment Program Manager for a System, or a delay due to action or inaction by the utility shall not be deemed a default under the Agreement:
(a) terminate this Agreement; and
(b) enforce the provisions of this Agreement by legal proceedings for the specific performance of any covenant or agreement contained herein or for the enforcement of any other appropriate legal or equitable remedy and recover damages caused by any breach by Program Manager of the provisions of this Agreement, including court costs, reasonable attorneys’ fees and other expenses incurred in the enforcement of the obligations of Program Manager hereunder; and (c) exercise any and all rights and remedies that Owner (or its Members) may have under applicable laws and regulations; and
(d) in addition to any rights now or hereafter granted under applicable laws and regulations and not by way of limitation of any such rights, upon the occurrence of any event of default hereunder that is not cured within the time period specified in this Section 7, Owner is authorized to set off and to apply any amounts payable to Program Manager hereunder against and on account of the obligations of Program Manager to Owner hereunder.

8. Indemnity and Liability
(a) Limitation of Liability.
(i) Notwithstanding any provision in this Agreement to the contrary, neither Party, nor their respective Affiliates, nor any of their respective officers, directors, employees, agents, contractors, subcontractors, vendors, shareholders, members, partners or representatives, shall be liable hereunder for any consequential or indirect loss or damage, including loss of profit, cost of capital, loss of goodwill or any other special or incidental damages, it being understood that the Parties’ indemnification obligations under this Section 8 are not and shall not be deemed to be consequential or indirect loss or damage under this Section 8. (ii) Except as provided in this Section 8, Program Manager shall have no liability hereunder to Owner for damages or other amounts in connection with a breach by Program Manager of this Agreement or a failure by Program Manager to perform the Program Management Services in accordance with the terms and conditions hereof or otherwise as a result of the Program Management Services performed by Program Manager pursuant to this Agreement.

DocuSign Envelope ID: 53EA396B-C0CE-4E78-9156-2A37FF23329F

5 (iii) The Parties further agree that the waivers and disclaimers of liability, indemnities, releases from liability, and limitations on liability expressed in this Agreement shall survive termination or expiration of this Agreement, and shall apply at all times, whether in contract, equity, tort or otherwise, even in the event of the fault, negligence, including sole negligence, strict liability, or breach of the Party indemnified, released or whose liabilities are limited, and shall extend to the partners, members, principals, shareholders, directors, officers, employees and agents of each Party and its Affiliates.
(b) Indemnity. To the extent it may lawfully do so, each of Program Manager and Owner hereby indemnify, defend (with counsel of its choosing), and hold harmless the other party and its directors, agents, officers, members, employees and volunteers from and against any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for damages of whatsoever character, nature and kind, whether directly or indirectly arising from or connected to: bodily injury, death, personal injury, or property damage caused by negligence, creation or maintenance of a dangerous condition of property, or intentional infliction of harm, including any workers’ compensation suits, liability, or expense, arising from or connected with Program Management Services performed by on behalf of the indemnifying party by any person pursuant to this Agreement; nonpayment for labor, materials, appliances, teams, or power, performed on, or furnished or contributed to the Site. Notwithstanding the above, neither Program Manager nor Owner shall be required to defend, indemnify and hold harmless the other for such other party’s negligent acts and omissions or willful misconduct. It is the intent of the Parties that where negligence is determined to have been joint or contributory, principles of comparative negligence will be followed, and each Party shall bear the proportionate cost of any loss damage, expense or liability attributable to that Party’s negligence.

9. Notices. Any notice, request, demand or other communication which is required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given:
(i) on the date of receipt by the applicable Party if personally delivered; (ii) when transmitted by the applicable Party if transmitted by telecopy, electronic mail, or other digital transmission method, subject to the sender’s facsimile machine receiving the correct answerback of the addressee and confirmation of uninterrupted transmission by a transmission report or the recipient confirming by telephone to sender that he has received the facsimile or electronic mail message; and (iii) when received by the applicable Party, if sent for next day delivery to a domestic address by recognized overnight delivery service or, if sent by certified or registered mail, return receipt requested.

Notices shall be given:

If to Owner, to:

Participate.Energy LLC
2093 Philadelphia Pike #3125,
Claymont, DE 19703.

Attn: Ethan Friedman
Phone: 917-301-2621
Email: [email protected]
DocuSign Envelope ID: 53EA396B-C0CE-4E78-9156-2A37FF23329F

6 If to Program Manager, to:

Apple Valley Choice Energy
14955 Dale Evans Pkwy
Apple Valley, CA 92307
Attn: Contract Administration
Email: [email protected]

10. General Provisions.
(a) No Agency Relationship. This Agreement does not create an agency relationship between the Parties and does not establish a joint venture or partnership between the parties. Except as expressly set forth herein, neither party has the authority to bind the other party or represent to any person that the party is an agent of the other party. (b) Agreement. This Agreement consists of the terms and conditions set forth herein, as well as the appendices hereto, which are incorporated by reference herein and made part hereof.

In the event of a conflict, variation or inconsistency between the appendices hereto and the terms and conditions contained in the body of this Agreement, the latter shall control and be given priority.
(c) Relationship of the Parties.
(i) Program Manager has been retained by Owner as an independent contractor to solely perform the Program Management Services on behalf of Owner. (ii) Without limiting the relationship of any Party under any other agreement, nothing contained or implied in this Agreement shall constitute or be deemed to constitute any Party as the partner of any other Party for any purpose whatsoever; or create, or be deemed to create, any partnership between any Party and the any other Party. (iii) No Party shall by virtue of this Agreement have the power or authority to enter into any agreement or undertaking for or to act on behalf of or otherwise to bind the any other Party as to any matter or thing to be done in relation to a System or to the provision of the Program Management Services save as may be expressly authorized in this Agreement or agreed in writing between the Parties from time to time.
(d) Entire Agreement. This Agreement, the Schedules and Exhibits attached hereto contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, undertakings and agreements. Neither Party will be bound by or deemed to have made in connection herewith any representations, warranties, commitments or undertakings, except those contained herein.
(e) Captions; Exhibits. Titles or captions of sections contained in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, extend, describe or otherwise affect the scope or meaning of this Agreement or the intent of any provision DocuSign Envelope ID: 53EA396B-C0CE-4E78-9156-2A37FF23329F

7 hereof. All exhibits and appendices attached hereto shall be considered a part hereof as though fully set forth herein.
(f) Amendment. This Agreement may not be amended or modified in any way unless such amendment or modification is in writing signed by duly authorized representatives of each Party.
(g) No Waivers. It is understood and agreed that any delay, waiver or omission by Owner or Program Manager to exercise any right or power arising from any breach or default by Owner or Program Manager with respect to any of the terms, provisions, or covenants of this Agreement shall not be construed to be a waiver by Owner or Program Manager of any subsequent breach or default of the same or other terms, provisions or covenants on the part of Owner or Program Manager. No waiver of any right or power by any Party under this Agreement shall be deemed effective unless in writing and signed by the waiving Party. (h) Changed Conditions; Invalidity. If there is an occurrence of an event of Force Majeure, there is a material change in market conditions affecting the prices of goods and Program Management Services constituting Development Costs, there is a change in any Project Document or financing document or Owner enters into a new Project Document or financing document affecting performance of the Program Management Services hereunder, or there is a change in any applicable Law, and any such performance or occurrence results in increased or decreased costs to Program Manager, or Owner, as the case may be, shall be entitled to an equitable budget adjustment reflecting the reasonable value of any such increased or decreased costs from such performance or occurrence, and the Parties hereby agree to adjust equitably such other provisions of this Agreement that are directly affected by such performance or occurrence; provided, however, that such adjustments must be consistent with the economic expectations and the intent of the Parties. The invalidity or unenforceability for public policy or other equitable grounds of any provision of this Agreement shall be determined only by a court of competent jurisdiction, and the Parties hereby agree to negotiate an equitable adjustment to the invalid or unenforceable provisions with a view toward affecting the purposes of this Agreement. The validity or enforceability of the remaining provisions or portions or applications hereof shall not be affected thereby.
(i) Representations and Warranties.
(i) Each Party represents and warrants to the other that:
(A) it is duly formed and validly existing under the laws of its jurisdiction of formation;
(B) it has the legal right and full power and authority to execute and deliver, and to exercise its rights and perform its obligations under, this Agreement; DocuSign Envelope ID: 53EA396B-C0CE-4E78-9156-2A37FF23329F

8 (C) all corporate or company action required by it validly and duly to authorize the execution and delivery of, and to exercise its rights and perform its obligations under, this Agreement has been duly taken; and
(D) this Agreement constitutes a valid and binding agreement enforceable against it in accordance with its terms.
(ii) Except as expressly provided in this Agreement or as required by law, no Party makes any warranties or guarantees to the other, either express or implied, with respect to the Facility, the Program Management Services or any other subject matter of this Agreement, and, to the extent permitted by law, each Party disclaims and waives any implied warranties or warranties imposed by law.
(j) Counterparts. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be signed by the Parties and each counterpart shall be deemed an original instrument as against any Party who has signed it. (k) Facsimile or Electronic Delivery. This Agreement may be duly executed and delivered by a Party by execution and facsimile or electronic format (including portable document format (.pdf)) delivery of the signature page of a counterpart to the other Party, and, if delivery is made by facsimile or other electronic format, the executing Party shall promptly deliver, via overnight delivery, a complete original counterpart that it has executed to the other Party, but this Agreement shall be binding on and enforceable against the executing Party whether or not it delivers such original counterpart.
(l) Dispute Resolution. In the event a dispute arises between the Parties regarding the application or interpretation of this Agreement, the aggrieved Party shall promptly notify the other Party of its intent to invoke this dispute resolution procedure within ten (10) Business Days after such dispute arises. If the Parties shall fail to resolve the dispute within ten (10) Business Days after delivery of such notice, each Party shall, within five (5) Business Days thereafter, nominate a senior officer of its management to meet at the Facility, or at any other mutually agreed location, to resolve the dispute. If the dispute remains unresolved within ten (10) Business Days after such a meeting has commenced, each Party, without further delay, shall have the right to pursue any and all remedies available at law or in equity. The pendency of any dispute under this Agreement shall not of itself relieve any Party of any duty to perform under this Agreement. (m) Non-Recourse. Notwithstanding anything to the contrary provided in this Agreement, it is specifically understood and agreed that there shall be absolutely no personal liability on the part of any of the partners, members, shareholders, or affiliates of the Parties, or any of their respective directors, officers, employees, agents or representatives, (each, a “Protected Person”) for the payment of any amounts due or the performance of any other obligation of any Party under this Agreement. Each Party shall look solely to the assets of the other Parties for the satisfaction of each and every right or remedy under or in connection with this Agreement. In furtherance of the foregoing, Owner and Program Manager each agrees that it shall neither seek or obtain, nor be entitled to seek or obtain, any deficiency or other judgment against any Protected Person for any action or inaction under or in connection with this Agreement, and Owner and DocuSign Envelope ID: 53EA396B-C0CE-4E78-9156-2A37FF23329F

9 Program Manager each releases all such Protected Persons from any such claims by Program Manager or Owner, as the case may be.
[Signature Page Follows]
DocuSign Envelope ID: 53EA396B-C0CE-4E78-9156-2A37FF23329F

[Signature Page to Program Management Agreement]
IN WITNESS WHEREOF, the parties have executed this Program Management Services Agreement as of the date first written above.

PROGRAM MANAGER:

Town of Apple Valley,
a California municipal corporation,
d/b/a Apple Valley Choice Energy
By: ____________________________
Name: Douglas B. Robertson
Title: Town Manager
OWNER:

Participate.Energy LLC
a Delaware limited liability company
By: ____________________________
Name: Ethan Friedman
Title: Managing Director
DocuSign Envelope ID: 53EA396B-C0CE-4E78-9156-2A37FF23329F

EXHIBIT A

PROGRAM MANAGEMENT SERVICES SCHEDULE
Program Management Services generally include all activities necessary or helpful to (a) monitor and support and all permitting activities for any System; (b) prepare materials and conduct communications and outreach to residential electric power customer in its service territory to promote the Program and to encourage the installation of Systems by its customers.
(c) create a streamlined and integrated System permitting process allowing for faster System permitting;
(d) effectively communicate with and guide Installer through the System permitting process to ensure shorter permitting timelines and to avoid any permitting delays; (e) Effectively coordinate the System permitting process with all other governmental agencies involved;
(f) To the extent legally permissible and reasonable, expedite permitting for any System

DocuSign Envelope ID: 53EA396B-C0CE-4E78-9156-2A37FF23329F

AMENDMENT NO. 1 TO AGREEMENT FOR PROGRAM

MANAGEMENT BY AND BETWEEN THE

TOWN OF APPLE VALLEY AND PARTICIPATE ENERGY, LLC
This Amendment (“Amendment No. 1”) is hereby entered into and is effective as of December 10, 2024, by and between the Town of Apple Valley, a California Municipal Corporation, D/B/A/ Apple Valley Choice Energy (“Program Manager”), and Participate Energy, LLC, a Delaware limited liability company (“Owner”) (collectively, sometimes herein referred to as the “parties”) and relates to that certain Agreement for Program Management between the Parties dated January 29, 2024 (“Agreement”).

The Parties agree as follows:

1. Exhibit A is hereby amended to include additional services and fees as provided therein.

2. All other terms and provisions of the Agreement are hereby reaffirmed.

In witness whereof the Parties have executed the Amendment of the date set forth below:

TOWN OF APPLEY VALLEY PARTICIPATE ENERGY, LLC
By: By:

Scott Nassif
Mayor
Ethan Friedman, Executive
Managing Director
ATTEST: APPROVED AS TO CONTENT:

By: By:

LaVonda M-Pearson
Town Clerk
Douglas B. Robertson
Town Manager
APPROVED AS TO FORM:

By:

Thomas Rice
Town Attorney

Installer Framework Program Agreement
This Installer Framework Program Agreement (this “Agreement”) is entered into as of [______, 2024] (the “Effective Date”), among the parties listed below (each, a “Party” and together the “Parties”). This Agreement comprises, and the term “Agreement” shall include (i) the Key Terms set out below (the “Key Terms”), (ii) the Program Terms and Conditions set out in Schedule 1, and (iii) any and all agreements, guidelines, or policies currently in the private, secure, web-accessible portal that can be accessed at https://participate.energy (collectively, the “Portal” or “Portal Documents”).

NOTE: The Key Terms, Program Terms and Conditions, and Portal Documents are incorporated by reference into one another and intended to be considered together. In the event of any conflict in terms, the order of precedence shall be (1) Key Terms, (2) Program Terms and Conditions, and (3) the Policies in the Portal Documents.

Key Terms
This Agreement sets out the terms and conditions on which the Installer listed below shall (i) sell to potential, qualified customers (“Customers”) solar PV systems or battery energy storage products (“System”), (ii) provide product and product installation support for the System, and (iii) sell finished Systems to Participate.Energy, LLC (“The Program Fund Manager”) for The Program Fund Manager’s sale of energy from the Systems.

Parties:

Installer: [VARIABLE]
The Program Fund Manager: Participate.Energy, LLC, a Delaware limited liability company [or such special purpose entity as may be formed]
Approved Members:

Member: [MEMBER NAME]
Framework Agreement Term:

Term: The period commencing on the Effective Date and ending on the second (2nd) anniversary of the Effective Date (the “Term”), which shall automatically be extended for additional, one-year periods upon the expiration of the thencurrent Term unless terminated early in accordance with this Agreement.

Notices:

Installer Notice Address: [Installer notice address]
Installer Address for submission
of Purchase Orders:
[email protected]
The Program Fund Manager
Notice Address:

Participate.Energy, LLC
Attn: Ethan Friedman
c/o Virtual Post Solutions, Inc.
2093 Philadelphia Pike #3125
Claymont, DE 19703
[email protected]

NDA:

NDAs: The non-disclosure agreement dated [MMM DD, YYYY] between Installer and The Program Fund Manager.

Attachments:

Schedule 1: Program Terms and Conditions
[signatures on following page]

***IMPORTANT NOTICES***
Each Party to this Agreement affirms and acknowledges by its signature hereto that (i) it has reviewed the Portal Documents as of the Effective Date, and (ii) the Party expressly acknowledges and agrees to each and every term in the Portal Documents.

Each Party to this Agreement further affirms and acknowledges its agreement to receive, during the Term and after the Effective Date, any and all amendments, notifications, notices, and the like (collectively, the “Portal Updates”) by and through the Portal, and that the Party’s acceptance of same shall be established through its electronic assent (including by email if needed) and acknowledgment of the Portal Updates.

EXECUTED by the Parties on the Effective Date.
[INSTALLER]

(SIGNATURE)

(PRINT NAME)

(PRINT TITLE)
PARTICIPATE.ENERGY, LLC

(SIGNATURE)

(PRINT NAME)

(PRINT TITLE)

Schedule 1
Program Terms and Conditions for Installer

1. Definitions. In addition to those terms already defined in the Key Terms, the following definitions apply:
(a) “Final Completion Turnover Package” shall mean and refer to that certain “Final Completion Turnover Package” located on the Portal.
(b) “Installer Insurance Requirements” shall mean and refer to those certain “Installer Insurance Requirements” as updated, modified, and/or amended from time to time, either as a form template or for each Customer, all as located on the Portal. (c) “Installer Products” means a traditional solar system and/or a battery energy storage product as described in detail in each Order. A traditional solar system means and refers to a solar photovoltaic generating system comprising of solar modules, an inverter and various balance of system components. A battery energy storage product means and refers to an energy storage system approved by The Program Fund Manager to be installed as part of the System. The current list of approved Installer Products is available in the Portal. (d) “Order(s)” shall mean and refer to that certain fully and accurately executed “Installation Order and Program Terms” and that certain “Solar Power Purchase & Energy Storage Services Agreement,” all as updated, modified, and/or amended from time to time, either as a form template or for each Customer, all as located on the Portal. (e) “Work Standards” shall mean and refer to those certain “Work Standards” as updated, modified, and/or amended from time to time, as located on the Portal.

2. The Program. The objective of the “Program” is to deploy eligible Systems with a target of 500 MW of direct current capacity on commercial and industrial properties throughout the territorial boundaries of Member and the Community Choice Aggregation (“CCA”) service territories managed by Member or its CCA partners (the “Territory”). Installer’s obligations with regard to the Program and System are set forth in this Agreement.

3. Orders.
(a) For each Order, Installer shall design, procure, deliver, install and commission the System at the “Site” identified in each Order in accordance therewith and the Work Standards. The Program Fund Manager will not purchase and has no obligation to purchase Systems that do not comply with all requirements outlined in this Agreement and within the Portal. (b) Installer shall review each submitted Order to ensure that it tracks the Program criteria. Each Order must also meet the “Site Eligibility” criteria set forth and made available in the Portal. If Installer reasonably believes that the Order does not track the Program criteria, it will immediately notify The Program Fund Manager. Installer may, in its discretion, subcontract with engineering, procurement, construction, and installation or “EPC” contractors, but Installer acknowledges that doing so shall not limit its obligations under this Agreement. (c) Installer shall assess and determine Customer eligibility for the Program. To be eligible for participation in the Program, a Customer must: (i) own an existing property or have written consent from the property owner to enter the Program per a “Lease Rider” on the Portal, (ii) be an existing participant, or agree to become a participant, in the Program with the Member utility, (iii) agree to host a System installed on the property and to provide The Program Fund Manager, as System owner, and its agents with a non-exclusive license for access to the Site for the entire term of the Customer’s participation in the Program for the purposes operating and maintaining the System; (iv) Installer, System and Customer are in compliance with all applicable Policies in the Portal; and (v) fully and accurately executed the most current and approved form of “Solar Power Purchase & Energy Storage Services Agreement”, “Installation Order and Program Terms”.

(d) Customers may, depending upon initial and ongoing eligibility, qualify for incentives and/or discounts by and through the Customer’s or System’s eligibility and qualification for participation in those incentives (each, an “Incentive” and collectively, the “Incentives” or “Incentive Programs”). Additional obligations of the Customer or Installer for these Incentive Programs are set forth in the applicable Solar Power Purchase & Energy Storage Services Agreement and Incentive Pricing Addendum on the Portal, provided that the Installer shall be responsible for ensuring Customer eligibility under the Incentive Programs in Installer’s installation of the qualifying Customer’s System. Installer is also responsible for securing, managing, processing and executing on all tasks and requirements for the Incentive to be fully-earned and received by either The Program Fund Manager or Customer, as directed by The Program Fund Manager. For the avoidance of doubt, the Installer is responsible for all elements of the Incentive until the Incentive is realized and received by its intended recipient unless otherwise approved by The Program Fund Manager. Orders for which Customers fail to qualify for Incentives required to receive special rates shall automatically be terminated at no cost to Customer or The Program Fund Manager. (e) Installer shall install Systems subject to this Agreement using equipment approved by The Program Fund Manager in the approved vendor list policy available on the Portal. Installer shall and provide or cause the original equipment manufacturer to provide, Member and The Program Fund Manager with a complete software integration, permissions and access (at no cost) to allow all Systems to be monitored and controlled remotely and in an aggregated fashion or as independent distributed energy resources (“DER Assets”). For clarity, Installer shall not charge any fees or require any other form of compensation to provide The Program Fund Manager complete control and benefit from monetizing DER Assets covered under this Agreement.

4. Pricing; Order Payment.
(a) Pricing. System pricing is set forth in each Order. System size or design may be adjusted by Installer, with The Program Fund Manager’s written approval, based on a variety of factors, including installation complexity or product availability, provided that the pricing remains at or below the pricing set in each Order. To the extent that Installer is affected by any force majeure circumstances set forth in Section 12 herein, Installer shall provide to The Program Fund Manager a change order detailing the adjustment it believes is warranted. If such change order is rejected, Installer has the right to terminate the Order with no penalty to the Installer. (b) Order Payment. The price for the work performed by Installer under each Order shall be identified in that Order. Installer shall invoice The Program Fund Manager according to any terms and conditions, including without limitation any milestone schedule(s), set forth in each Order. The Program Fund Manager shall pay 85% of the contract price for each Order (plus applicable taxes) upon (i) completed inspection of the work performed, with such inspection determined and carried out to the sole satisfaction of The Program Fund Manager, and (ii) the receipt of The Program Fund Manager of any and all supporting documentation requested of the Installer.

Installer shall pay any balance due and owing on the Order within thirty (30) days of The Program Fund Manager’s acceptance of “Final Completion” (which as used herein means the Installer’s completion of all work, issuance of all final permits for the System, and the System’s receipt of Permission to Operate or “PTO”) and the existence of a Final Completion Turnover Package approved by The Program Fund Manager.

5. Title; Risk of Loss; System Purchase by Fund. Title to and risk of loss for any final, built System shall pass from Installer to The Program Fund Manager upon (i) The Program Fund Manager’s acceptance of Final Completion (as defined above) and the existence of a Final Completion Turnover Package approved by The Program Fund Manager, and (ii) receipt of payment by The Program Fund Manager in accordance with the Order. To facilitate title transfer, Installer agrees to execute any documents required by The Program Fund Manager, including without limitation any bill of sale.

6. Permits. Installer shall bear the obligation and cost to obtain and maintain all permits required for Installer to install each System (the “Permits”).

7. Installation.
(a) Work Standards. Installer, or its subcontractors, shall perform the Work according to the stricter of prevailing industry standards and the Work Standards, exercising the reasonable skill and care of an installation contractor and in accordance with all applicable laws, regulations and permits applicable to the work.
(b) Subcontractors. Installer shall be responsible for all work performed by, and acts or omissions of, each subcontractor and shall ensure that all subcontractors are licensed as required by applicable law.
(c) Safety. Installer shall ensure that all Installer employees and subcontractors comply with Installer and Customer’s safety procedures and requirements while on Sites during performance of the work.
(d) Liens. To the extent permissible by law, Installer shall save and protect each Site from and against the imposition of any mechanics’, materialmen’s or other lien(s) against such Site, arising out of or pertaining to the subject of this Agreement, and will cause each such lien to be fully discharged and released at the time the performance of any obligation secured by any such lien matures or becomes due.

8. Failure to Perform; Termination.
(a) If any Party believes that any other Party is not satisfying its obligations under this Agreement or with respect to an Order, such Party shall promptly notify the other Party in a writing which specifies the deficiency (“Notice of Default”). The Party receiving the Notice of Default shall have thirty (30) days from the date of the Notice of Default to correct the deficienc(ies) identified therein. If the Party receiving the Notice of Default fails to timely cure the deficienc(ies), the notifying Party may, in its sole discretion, terminate this Agreement in accordance with this Section

8. (b) If a Customer terminates an Order for Installer’s failure to perform before installation of the System for that Order has commenced, Installer shall return any payment(s) made toward the Order price.
(c) If any Party terminates an Order for the other Party’s failure to perform, except as specified in the next sentence, Installer may take back all components Installer delivered but that have not yet been installed for that Order and shall not have any further obligation to perform pursuant to this Agreement or that Order. In addition, if an Order is terminated pursuant to this Section, Installer shall complete the installation of System where installation is partially complete, unless otherwise requested by The Program Fund Manager (in which case, Installer will deinstall and remove the products from the Site and return the jobsite to its original condition, at no cost). (d) Each Party may pursue all rights and remedies available at law or in equity with respect to the failure to perform, except as otherwise provided herein. Breaches of one or more Orders will not constitute breaches under any other Orders or under this Agreement, and breaches of this Agreement independent of any Orders shall not constitute breaches of any Orders. (e) Except as otherwise set forth in this Agreement, the expiration or termination of this Agreement will not affect any rights or obligations of the Parties that were incurred or that accrued prior to such expiration or termination. Termination shall not be deemed an election of remedies, and the non-defaulting party shall have all rights and remedies available under applicable law in connection with and following such termination.
(f) The Program Fund Manager may terminate this Agreement as to the Member in the sole discretion of The Program Fund Manager. In the case of such a termination, the requirements and other terms of this Section 8 shall not apply. The only requirement in this case for The Program Fund

Manager is to provide contemporaneous written notice to the Parties of the Member's termination.

9. Warranties.
(a) Starting on the date of installation, Installer warrants to The Program Fund Manager and Customer that all materials, equipment and work furnished by Installer as part of an Order will be:
(i) of good quality, free from fault and defects, and
(ii) performed in a good and workmanlike manner, in accordance with all applicable laws, building codes and ordinances, and in strict conformity with the Order.

Installer shall, at its sole expense, immediately correct or replace any Work that is defective or determined to be not in accordance with the requirements of the above warranties within ten (10) year after the date of Final Completion.
(b) System equipment warranties are covered by manufacturer’s warranty and are assigned to The Program Fund Manager upon title transfer consistent with Section 5. Installer shall perform operations, repair and maintenance work on the System and manage the entire warranty claims process required by each respective manufacturer. All work covered by Installer warranties shall be at no cost. If Installer fails to perform operations, repair and maintenance work in a timely manner (as reasonably determined by The Program Fund Manager) and according to industry standard practices, The Program Fund Manager shall perform the required operations, repair and maintenance work at its sole discretion with no impact to or waiver of the Installer’s obligations under this Agreement.
(c) Installer warrants that it will repair or replace any work on the System that it does not perform in a good workmanlike manner according to the standards of care and diligence generally practiced by solar engineering, construction, installation, and roofing companies when installing commercial photovoltaic solar power with optional incorporated energy storage systems. This provision includes roof penetrations and other roof work related to the installation of the System. (d) Installer's warranties under this Agreement shall in all cases survive termination of this Agreement and the transfer of title of the System to The Program Fund Manager. (e) The warranties provided herein do not limit Installer’s indemnification obligations to The Program Fund Manager and other Parties as set forth in Section 10.

10. Indemnification.
(a) For purposes of this Agreement and each Order, “Indemnified Parties” means for each identified entity, (i) the Party and any person providing financing to the Party with respect to the System, (ii) any affiliate of the persons set forth in clause (i), and (iii) any director, officer, partner, member, manager, agent or employee of a person described in clause (i) or (ii); and, “Indemnifying Party” means each other Party, as the context requires.
(b) Installer’s Indemnities. Installer shall indemnify, defend and hold harmless The Program Fund Manager, Member and/or Customer, as well as their respective Indemnified Parties from any claim, action, suit, proceeding, investigation, losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses, including reasonable legal fees (“Losses”) arising out of any allegations made or brought by any third party (“Claims”) in connection with the design, construction, installation, warranty service, workmanship, materials or functionality of any materials, equipment and/or element of the work furnished by Installer, except with respect to any modification by any Party other than Installer (directly or indirectly) or use or reuse of Installer Products that are the subject of an Order other than as permitted under this Agreement or their warranties.
(c) Survival. The provisions of this Section 10 shall survive any expiration of termination of this Agreement.

11. Limitation of Liability. Except for indemnification obligations (Section 10), breach of confidentiality (Section 13), or any gross negligence or willful misconduct, each Party’s total liability for all damages of any kind arising out this Agreement will not exceed the amount of the System pricing set forth in each Order. No Party will have to pay any other Party for any indirect, special or consequential damages.

12. Force Majeure. Each Party shall be excused from performance and shall not be considered to be in breach with respect to any obligation hereunder other than any obligation to pay money due and owing, if and to the extent that such Party’s failure of, or delay in, performance is caused by or results from acts or circumstances beyond the reasonable control of such Party (a “Force Majeure Event”); provided:
(a) such Party gives the other Parties notice describing the particulars of the Force Majeure Event as soon as is reasonably practicable and in any event within ten (10) business days after the discovery of the Force Majeure Event and its impact on such Party’s performance; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event;
(c) the Party uses reasonable endeavors to:
(i) overcome or mitigate the effects of such occurrence, and (ii) minimize costs and expenses attendant to or arising from such occurrence; and (d) when the Party is able to resume performance of the affected obligations, such Party shall so notify the other Party and promptly resume performance.

13. Confidentiality; Publicity.
(a) Each Party will keep any disclosures, as well as the terms of this Agreement, confidential in accordance with the non-disclosure agreements between them (the “NDAs”) and agree that this Agreement is confidential information of each of them for purposes of the NDAs. (Even though the NDAs are separate documents, they are considered part of this Agreement.) (b) Neither Party will advertise or issue any public announcement about this Agreement, or use the other Party’s mark, name or logo in any marketing literature, web sites, articles, press releases (including interviews with representatives of media organizations of any form), or any other document or electronic communication, without the other Party’s written consent. (c) Nothing in this Agreement, the NDAs, or any other agreement between the Parties limits or prohibits any announcement, disclosure, or other act that is required by law, including, but not limited to, the California Public Records Act and the Ralph M. Brown Act. The Parties expressly acknowledge and agree that this Agreement will be appended to one or more publicly posted agendas of Member.
(d) Installer must comply with the privacy policy available in the footer of The Program Fund Manager’s website located at www.participate.energy as of the date hereof.

14. Governing Law; Disputes.
(a) The Parties agree to comply with all applicable laws and regulations in connection with this Agreement. This Agreement is governed by the laws of the State of California. (b) The Parties are not bound by any terms relating to Installer Products or other matters covered by this Agreement or any Order that are not contained in this Agreement or the affected Order. (c) Each of the Parties also agree to promptly notify the other’s senior level management if there is any dispute relating to this Agreement or any Orders and to try to resolve the dispute in good faith.

If the Parties are unable to resolve a dispute within twenty (20) days after that notice is given, then

either Party can take the dispute to arbitration through Judicial Arbitration and Mediation Services (“JAMS”) according to JAMS Streamlined Arbitration Rules. The existence, content and result of the arbitration will be confidential. The arbitration will be conducted by a single arbitrator in English and in the County of [CITY], California, unless otherwise agreed by the Parties. Each Party will bear its own expenses in the arbitration and will share equally the costs of the arbitration unless the arbitrator assigns costs to one of us. Judgment upon the award rendered in the arbitration may be entered in any court of competent jurisdiction.

15. Miscellaneous.
(a) Representations. Each Party represents and warrants to the other Parties that (i) it is a legal entity, duly organized, validly existing and in good standing under the laws of jurisdiction of incorporation; (ii) this Agreement constitutes a legal, valid and binding obligation of such Party enforceable in accordance with its terms; and (iii) the execution, delivery and performance of this Agreement (A) is within its powers, (B) has been duly authorized by all requisite action and (C) will not violate any agreement, commitment, certificate or other document to which it is a party or by which any of its assets may be bound or affected.
(b) Compliance with Law. Each Party will comply with all applicable laws and regulations in connection with its performance under Agreement.
(c) Notices. All notices under this Agreement must be in writing and must be sent via email, or express and/or certified mail, to the contacts identified in the Key Terms. (d) Assignment. Installer or The Program Fund Manager may assign this Agreement and each Accepted Order (i) to an affiliate of Installer or The Program Fund Manager, respectively, and (ii) as collateral in connection with its financing activities, in either case without the need for consent from any other Party.
(e) Insurance. Installer shall carry and maintain in force, with reputable insurance companies authorized to do business in the jurisdictions where the portion of the Member Territory is located, the insurance in the Installer Insurance Requirements. In addition, Installer shall maintain all insurance that Installer is required by law to maintain in connection with the Work pursuant to each Order.
(f) Cumulative and Certain Exclusive Remedies. Except as otherwise specifically set forth in this agreement, all rights and remedies provided under this Agreement are cumulative and not exclusive, and the exercise by either Party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the Parties or otherwise. (g) Entire Agreement; Severability. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior agreements, representations and understandings, oral or written, between the Parties regarding the subject matter hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such term shall be severable from the remainder of this Agreement and the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by the law.
(h) Amendment and Modification. No amendment or modification of this Agreement is effective unless it is in writing and signed by each Party.
(i) Waiver. No waiver by either Party of any provision of this Agreement is effective unless explicitly set forth in writing and signed by such Party. No failure to exercise, or delay in exercising, any right or remedy arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder precludes any other or further exercise thereof or the exercise of any other right or remedy.

(j) Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.
(k) No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
(l) Survival. Provisions of this Agreement which by their nature contemplate or govern performance or observance subsequent to the termination or expiration of this Agreement shall survive such termination or expiration.

Town Council Agenda Report
Date: December 10, 2024
To: Honorable Mayor and Town Council
Subject: APPLE VALLEY CHOICE ENERGY – 2023 POWER CONTENT LABEL

AND ATTESTATION

From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Director of Muncipal Services Municipal Services Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Provide the attestation specified under California’s Power Source Disclosure (PSD) Program, which requires the governing council of a public agency providing retail electric service to endorse the accuracy of each annual report and power content label, as submitted to the California Energy Commission (CEC), for the previous year. In the case of Apple Valley Choice Energy (AVCE), such attestations will be based on the California Choice Energy Authority’s (CalChoice) technical review and will address the 2023 Annual Reports and Power Content Labels (PCL) prepared for the AVCE community choice aggregation (CCA) program.

SUMMARY:

AVCE is required to submit this staff report and related meeting minutes to the CEC per the PSD Program regulations to demonstrate compliance.

BACKGROUND:

California Public Utilities Code requires all retail sellers of electric energy, including AVCE to disclose “accurate, reliable, and simple-to-understand information on sources of energy” that are delivered to their respective customers via an annual Power Content Label (PCL). The PCL is analogous to a nutrition label, conveying information regarding the various power sources/products that are procured on behalf of each retail electricity customer. Each of California’s retail electricity sellers, including AVCE, will each have

unique PCLs based on internally adopted procurement policies, statutory procurement mandates, and related power purchases that were completed during the reporting year.

The PCL format is highly prescriptive, offering little flexibility to retail sellers when presenting such information to customers – the CEC administers these requirements under California’s Power Source Disclosure Program. Information presented in each PCL includes the proportionate share of total energy supply related to specific fuel sources/resource categories, including both renewable and conventional generating technologies.

An emission factor for each retail service offering, as calculated using the CEC’s prescribed methodology, is also provided in the PCL. If a retail seller procures a certain percentage of its energy requirements from the market at large (meaning, sources of power that cannot be traced back to a specific generator), the PCL must identify such purchases as “unspecified sources of power.” It is very common for most retail electricity sellers to utilize “unspecified power.”
In accordance with statewide mandates and internally adopted planning targets, AVCE procured a substantial portion of its electric energy supply from generating resources utilizing various renewable fuel sources in 2023. Renewable fuel sources may include biomass & waste, hydroelectricity, solar, geothermal and wind. For AVCE Core Choice customers, 53.5% of total energy supply was sourced from renewable energy resources, and for AVCE More Choice customers, 100% of energy deliveries were sourced from renewable energy resources, including bundled and unbundled renewable energy products.

Recent changes to power source disclosure regulations have also altered the manner in which certain renewable energy purchases must be reported/reflected on the PCL. More specifically, “unbundled” renewable energy certificates (meaning, renewable energy attributes that are sold/purchased separately from associated electric power) must now be displayed outside the area in which “bundled” renewable energy purchases (meaning, renewable energy attributes that are sold/purchased with associated electric power) are reported.

This adaptation to the PCL format may result in some customer confusion, as determining the total quantity of renewable energy purchased on behalf of each customer now requires the summation of two values: “Eligible Renewable,” plus “Percentage of Retail Sales Covered by Retired Unbundled RECs.” AVCE is prepared to answer related questions, should they arise.

To fulfill its Power Source Disclosure Program reporting obligations for 2023, AVCE as a public agency, must provide the CEC with the Town Council’s attestation regarding the accuracy of information included in each annual Power Source Disclosure Reports

(submitted to the CEC earlier in 2023, according to the applicable reporting deadline) and PCL, consistent with the following element of PSD Program regulations.

A retail supplier that is a public agency providing electric services is not required to comply with the provisions of subdivision (a)(1) if the board of directors of the public agency submits to the Energy Commission an attestation of the veracity of each annual report and power content label for the previous year.

The above excerpt from appliable regulations, subdivision (a)(1) refers to a third-party audit, which is not necessary for public agencies, including the Town.

While developing AVCE’s PCL, California Choice Energy Authority (CalChoice) and its technical consultants performed a detailed review of all power purchases completed for the 2023 calendar year. The review performed by CalChoice and its technical consultants found no inaccuracies or inconsistencies in such information, which was subsequently entered in AVCE’s annual Power Source Disclosure reports and PCL.

To fulfill its attestation requirements for 2023, Council is being asked to provide an attestation covering both the PCL and associated Annual Reports, as specified in the excerpt above – both elements of the PSD Program reflect information that was consistently and accurately presented for the AVCE CCA Program. Consistent with applicable regulations, all customers currently enrolled in the AVCE program will soon receive the PCL via electronic communication or U.S. mail.

Based on reviews previously completed by staff and CalChoice’s technical consultants, staff requests that the Council provide the requisite attestation at this time. Upon approval, a copy of this staff report and related meeting minutes will be forwarded to the CEC, thereby completing AVCE’s attestation requirements under California’s Power Source Disclosure Program for the 2023 calendar year.

FISCAL IMPACT
None.

ATTACHMENTS
A AVCE Power Content Label 2023
B AVCE Core Choice 2023 PSD Annual Report
C AVCE More Choice 2023 PSD Annual Report