APPLE VALLEY TOWN COUNCIL
AGENDA
Tuesday, March 25, 2025, 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 Green from Way of the Cross Hesperia
2.2 Pledge of Allegiance
2.3 Presentations
Employee of the first (1st) Quarter - Lindy Daugherty, Executive Assistant, Economic and Community Development Services
3. Public Comments
4. Councilmember Committee/Commission/Community Participation 6 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.
Councilmembers may also make brief reports on their community participation.
No formal action will be taken.
5. Town Council Announcements
5.1 Suggested items for next Agenda
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - April 8, 2025 - Council Chamber Regular Session at 6:30 p.m.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1 to 6.7 as recommended.
6.1 APPROVAL OF MINUTES 8
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 FEBRUARY 2025 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
16 That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 FEBRUARY 2025 PAYROLL/BENEFITS WARRANTS SCHEDULE 35 That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
6.4 CONSIDER APPROVING THE FIRST AMENDMENT TO THE
RETAINER AGREEMENT WITH GREINES, MARTIN, STEIN &
RICHLAND LLP (GMSR)
37 That the Town Council approve the First Amendment to the Retainer Agreement with Greines, Martin, Stein & Richland LLP (GMSR) and authorize the Town manager to execute the Amendment.
6.5 APPLE VALLEY CHOICE ENERGY (AVCE) RATE CHANGE
APPROVAL
43 It is recommended that the Town Council:
Approve the Town Manager as Executive Director of Apple Valley Choice Energy (AVCE) to adjust to parity with Southern California Edison (SCE), effective April 1,2025: and
A.
Direct the Town Manager to agendize an item for future rate adjustment in the Fall of 2025.
B.
6.6 RESOLUTION NO. 2025-05 A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF APPLE VALLEY AMENDING THE PERSONNEL
POLICY AND PROCEDURES MANUAL FOR THE TOWN OF APPLE
VALLEY
49 Approve and adopt Resolution No. 2025-05, A Resolution of the Town Council of the Town of Apple Valley amending the Personnel Policy and Procedures Manual for the Town of Apple Valley.
6.7 RESOLUTION NO. 2025-06 A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF APPLE VALLEY UPDATING THE TOWN'S GRANT
MANAGEMENT POLICY
64 Approve and adopt Resolution No. 2025-06, A Resolution of the Town Council of the Town of Apple Valley updating the 2018 Grant Management Policy for the Town of Apple Valley.
7. Public Hearings
7.1 SUBSTANTIAL AMENDMENT TO THE 2020-2021 ACTION PLAN 95 It is recommended that the Town Council:
A. Conduct a public hearing and upon accepting public testimony.
Approve the Substantial Amendment to the 2020-2021 Annual Action Plan (“Action Plan”) by repurposing $59,118.00 in Community Development Block Grant Coronavirus (CDBG-CV) funds appropriated under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, Public Law 116-136, for the U.S. Department of Housing and Urban Development (HUD) to activities that prevent, prepare for, and respond to Coronavirus (COVID-19).
B.
Create an account under the 2120 CDBG Account Fund for the James Woody Facilities COVID-19 HVAC Filtration System
Project in the amount of $59,118.00.
C.
Authorize the Town Manager, or their designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plan, and any additional amendments, to assure the Town’s timely expenditure of CDBG-CV funds.
D.
7.2 SUBSTANTIAL AMENDMENT TO THE 2018-2019, 2019-2020, 2020- 2021, 2021-2022, 2022-2023, AND 2024-2025 ACTION PLANS
106
It is recommended that the Town Council:
A. Conduct a public hearing and upon accepting public testimony; Approve a Substantial Amendment to the HOME Investment
Partnerships Program (HOME) 2018-2019, 2019-2020, 2020- 2021, 2021-2022, 2022-2023, and 2024-2025 Annual Action Plans (“Action Plans”) by repurposing $764,993 to existing HOME eligible activities; and
B.
Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plans, and any additional
amendments, to assure the Consortium’s timely expenditure of HOME funds.
C.
8. Business of the Council
8.1 FISCAL YEAR 2024-25 MID-YEAR BUDGET REVIEW 120
It is recommended that the Town Council:
Receive and file the Fiscal Year 2024-25 Mid-Year Budget Review Report.
A.
Approve Budget Amendment incorporating revenue and
expenditure changes and carry forwards as proposed
B.
8.2 TOWN COUNCIL APPOINTMENTS TO THE CITIZENS
TRANSACTIONS AND USE (SALES) TAX REVENUE MEASURE
OVERSIGHT COMMITTEE
126
(1) Each Council Member to nominate one (1) individual to serve on the Citizens’ Transaction and Use Sales Tax Revenue Measure Oversight Committee; and (2) That the Town Council approve the nominations as submitted.
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
11. Closed Session
12. Adjournment
Recommended Motion:
To adjourn the meeting of the Apple Valley Town Council at TIME.
TOWN OF APPLE VALLEY
TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS
CITIZEN ADVISORY COMMITTEES
HISTORICAL ADVISORY COMMITTEE (HAC)
Council Member Cusack
Meets every 2nd Tuesday of each month at 9:00 a.m.,
(location may vary)
SPECIAL ADVISORY COMMITTEES
DISASTER PREPAREDNESS*
Mayor - Chairman
Meets quarterly at 1:30 p.m., Town of Apple Valley
Conference Center - Development Services Building
14975 Dale Evans Parkway, Apple Valley.
TRAFFIC ADVISORY COMMITTEE (TAC)
Mayor Nassif
Meets as needed.
Town Council Chambers
TOWN PERSONNEL COMMITTEE
Mayor Nassif
Council Member Bishop
Meets as needed
PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Mayor Pro-Tem Emick
AD HOC COMMITTEES
APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif
VILLAGE MERCHANTS AD HOC COMMITTEE
Mayor Pro-Tem Emick
SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA
AD-HOC COMMITTEE
Council Member Bishop
Council Member Leon
AGENCY - BOARDS/COMMITTEES &
COMMISSIONS
CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY (CJPIA)
Mayor Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.
CAL CITIES/DESERT MOUNTAIN DIVISION (DMD)
Mayor Nassif- Voting Delegate
Council Member Bishop – Alternate
Meets as needed, rotating cities.
MOJAVE DESERT AIR QUALITY MANAGEMENT
DISTRICT (MDAQMD)
Council Member Leon-– Delegate
Mayor Pro-Tem 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
Council Member Bishop – Alternate
Meets quarterly on the 2nd Thursday February, May,
August and November at 10:00 a.m.
at the Materials Recovery Facility, 17000 Abbey Lane,
Victorville
SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (SBCTA)
Council Member Bishop - Board Member
Council Member Cusack – Alternate
Meets 2
nd Wednesday of each month at 9:00 a.m.,
I10/I15 Corridor meets 2nd Thursday at 10:00 a.m.
1170 West 3rd St.
San Bernardino
SOLID WASTE ADVISORY TASK FORCE (SWAT)
Council Member Cusack – Committee Member
Julie Ryan - Alternate
Meets as needed on Wednesdays at 1:30 p.m.
Sam J. Racadio Library & Environmental Learning
Center Community Room 7863 Central Ave. Highland
VICTOR VALLEY ECONOMIC DEVELOPMENT
AUTHORITY (VVEDA)
(George Air Force Base Reuse Task Force)
Mayor Pro-Tem Emick – Commissioner
Council Member Bishop – Alternate
Meets as needed, SCLA
VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Mayor Pro-Tem Emick – Representative
Council Member Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall
VICTOR VALLEY WASTEWATER RECLAMATION
AUTHORITY (VVWRA)
Mayor Nassif – Commissioner
Council Member Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.
VVWRA Offices
GREATER HIGH DESERT CHAMBERS
GOVERNMENTAL RELATIONS COMMITTEE
Council Member Bishop – Representative
Council Member Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.
Town Council Agenda Report
Date: March 25, 2025
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 February 25, 2025.
Apple Valley Town Council
MINUTES
February 25, 2025, 6:30 p.m.
Council Chamber
Members Present: Council Member Art Bishop
Council Member Larry Cusack
Council Member Kari Leon
Mayor Pro Tem Curt Emick
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 from Life Point Baptist Church Apple Valley.
2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Bishop.
2.3 Presentations
None.
3. Public Comments
Eric Schmidt, Government Relations Officer, Church of Jesus Christ of Latter-Day Saints, provided an update regarding the various branches of the church and its leadership and newly appointed positions.
Kerry Henard, Apple Valley, commented on what he believes is a lack of transparency within the Town of Apple Valley.
TC MINUTES FEBRAURY 25, 2025
2 Rusty Lisberg, Apple Valley, commented on issues within the community.
Teri Elliott, Apple Valley, expressed concern regarding the Apple Valley Animal Shelter, road repairs, Town parks and Measure P.
Shari Kidwell, Apple Valley, expressed concern regarding the State of the Town Address and the Animal Shelter.
Steve Famiano, Apple Valley, commented on issues surrounding funding for programs within the Apple Valley Animal Shelter. He respectfully requested assistance from the Town to identify funding that was allocated to the shelter.
Doug Robertson, Town Manager, provided clarification to the public regarding the funding concerns expressed by Mr. Famiano.
Ted Bohanon, Apple Valley, expressed concern regarding his children not being allowed to volunteer at the Animal Shelter. He also expressed concern regarding the lack of transparency at the Town.
Marcy Taylor, Apple Valley, spoke about the greatness of the State of the Town Address. She announced upcoming events that will be held highlighting the history of the community.
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 Bishop commented on committee meetings and events that he attended.
Council Member Leon commented on committee meetings and events that she attended.
Mayor Pro Tem Emick commented on committee meetings and events that he attended.
Mayor Nassif commented on committee meetings and events that he attended.
TC MINUTES FEBRAURY 25, 2025
3 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 - March 11, 2025 - Council Chamber Regular Session at 6:30 p.m.
6. Town Council Consent Agenda
Council Member Leon has a remote interest in Agenda Item Number 6.4, in reference to Parcel Map 20961. Because she has a remote interest in this item, she will be abstaining from voting on item 6.4.
Council Member Leon confirmed that she will be abstaining from voting on this item.
Council Member Bishop commented on Agenda Item No. 6.5 regarding new playground structures for the parks. He thanked our Parks Department for the hard work that they are doing to improve the parks in the community.
Motion by: Council Member Bishop
Seconded by: Council Member Cusack
To approve the Consent Calendar items numbered 6.1-6.6 as recommended.
Yes (5): Council Member Bishop, Council Member Cusack, Council Member Leon, Mayor Pro Tem Emick, and Mayor Nassif
Carried (5 to 0)
6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 PURCHASE OF AUDIO VISUAL EQUIPMENT, IMPLEMENTATION
SERVICES, AND SUPPORT
That Council authorize the purchase of audio visual equipment, implementation services, and support for the Public Works Yard Conference Room from Matrix Audio Visual Designs, Inc. in the amount of $145,685.63, and authorize the Town Manager or designee to execute appropriate agreements and documentation.
TC MINUTES FEBRAURY 25, 2025
4 6.3 AWARD OF CONTRACT, MANHOLE RING AND COVER
REPLACEMENTS
Award a contract to Kelley’s Underground Construction, Inc. for the Manhole Ring and Cover Replacements Project, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
6.4 APPROVE FINAL PARCEL MAP 20961
Move to accept the final map Parcel Map No. 20961
6.5 APPROVE PURCHASE OF TWO PLAYGROUND STRUCTURES FOR
CORWIN PARK AND MENDEL 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, OMNIA Partners for the purchase and installation of two playground structures, along with the provision of wood chips and removal of existing playground equipment, at Corwin Park and Mendel Park. The price proposal is in the amount of $530,000. Due to the removal and installation of existing wood chips/rubber mulch and playground equipment, we are requesting a 10% contingency of $53,000 to cover any unforeseen needs that may arise to complete the project, resulting in the total price proposal for the project not to exceed $583,000.
6.6 RESOLUTION OF THE TOWN COUNCIL AUTHORIZING SUBMITTAL
OF APPLICATIONS FOR ALL CALRECYCLE GRANTS
That the Town Council adopt Resolution No. 2025-04, a Resolution of the Town Council of the Town of Apple Valley authoring the Town Manager to execute Department of Resources, Recycling and Recovery (CalRecycle) grants on behalf of the Town of Apple Valley.
7. Public Hearings
7.1 APPEAL NOS. 2024-005 AND 2024-006, APPEALS OF PLANNING COMMISSION APPROVAL OF TENTATIVE PARCEL MAP NO. 20788,
SITE PLAN REVIEW NO. 2022-007 (CORDOVA COMPLEX),
ENVIRONMENTAL IMPACT REPORT, FINDINGS OF FACT,
STATEMENT OF OVERRIDING CONSIDERATIONS AND
TC MINUTES FEBRAURY 25, 2025
5 MITIGATION MONITORING AND REPORTING PROGRAM FOR A
PROPOSED ECOMMERCE DISTRIBUTION AND WAREHOUSE
CENTER.
It is recommended that the Town Council:
A. Open a public hearing and take testimony;
B. Close the public hearing;
C. Adopt Town Council Resolution Nos. 2025-02 and 2025-03, which:
1) deny Appeals of previously issued approvals of Tentative Parcel Map No. 20788 and Site Plan Review No. SPR2022-007 (Cordova Complex); 2) re-certify the project’s Environmental Impact Report; 3) adopt Findings of Fact, a Statement of Overriding
Considerations and a Mitigation Monitoring and Reporting Program; and 4) re-approve TPM No. 20788 and SPR No. 2022-007; and D. Direct Staff to timely file a new Notice of Determination with the State Clearinghouse and Clerk of the Board of San Bernardino County.
Mayor Nassif opened the public hearing at 7:40 p.m.
Orlando Acevedo, Assistant Town Manager, provided a brief introduction to this item.
Richard Hirsch, Contract Planner, presented the staff report via audio presentation, as filed with the Town Clerk's office.
The Town Council asked questions of staff regarding the proposed project.
Aria Soeprono, Appellant, Advocates for the Environment, commented on the proposed project and stated that some of the issues brought forth are erroneous. She commented on what she believed were errors made on the part of the Town in reference to the CEQA requirements.
Kelly Black, Applicant, thanked staff for their hard work on this project.
She addressed concerns that had been made regarding the project that she believed could not be addressed due to cost.
TJ Norby, Local 364, spoke in support of this project. He commented on the jobs and opportunities that it would bring to the high desert region.
Josh Gastelum, spoke in support of this project. He commented on overcoming addiction and how a study workload at a jobsite provided him a second chance.
TC MINUTES FEBRAURY 25, 2025
6 Zack Strasters, Care California, spoke in support of this project.
Walter Flores, spoke in support of this project.
Robert Ramos, Ironworks 416, spoke in support of this project.
Ms. Soeprono provided additional comments reiterating her concerns.
There being no additional requests to speak, Mayor Nassif closed the public comments at 8:50 p.m.
RECESSED MEETING
Mayor Nassif recessed the meeting at 8:50 p.m.
RECONVENED MEETING
Mayor Nassif reconvened the meeting at 9:00 p.m.
Thomas Rice, Town Attorney, introduced Matthew Dudek, who would provide additional clarification in response to comments made.
Matthew Dudek, Consultant, provided clarification on greenhouse gases and air quality matters.
A brief discussion ensued regarding the proposed project.
Motion by: Council Member Bishop
Seconded by: Mayor Pro Tem Emick
Adopt Town Council Resolution Nos. 2025-02 and 2025-03, which: 1) deny Appeals of previously issued approvals of Tentative Parcel Map No. 20788 and Site Plan Review No. SPR2022-007 (Cordova Complex); 2) recertify the project’s Environmental Impact Report; 3) adopt Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program; and 4) re-approve TPM No. 20788 and SPR No. 2022-007; and
Direct Staff to timely file a new Notice of Determination with the State Clearinghouse and Clerk of the Board of San Bernardino County.
Yes (5): Council Member Bishop, Council Member Cusack, Council Member Leon, Mayor Pro Tem Emick, and Mayor Nassif
Carried (5 to 0)
TC MINUTES FEBRAURY 25, 2025
7 8. Business of the Council
None.
9. Reports, Requests and Communications
None.
10. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, commented on activities and upcoming events in the Town of Apple Valley.
11. Closed Session
None.
12. Adjournment
Motion by: Mayor Pro Tem Emick
Seconded by: Council Member Bishop
To adjourn the meeting of the Apple Valley Town Council at 9:16 p.m. ________________________
Mayor, Scott Nassif
___________________________
Town Clerk, La Vonda M-Pearson
Town Council Agenda Report
Date: March 25, 2025
To: Honorable Mayor and Town Council
Subject: FEBRUARY 2025 COMMERCIAL WARRANTS AND WIRE
TRANSFER SCHEDULES
From: Douglas Robertson, Town Manager
Submitted by: Adam Cripps, Interim Assistant 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.
SUMMARY
Commercial warrants were issued from February 1 through February 28, 2025, in the amount of $3,603,663.55 covering issued warrant #’s 172722 – 173088. Electronic Fund Transfers were issued February 1 through February 28, 2025, in the amount $2,763,973.83. Also, wire transfers were made from February 1 through February 28, 2025, in the amount of $40,745.00.
The claims and/or demands covered by the attached list of warrants and wire transfers were audited as to the accuracy and availability of funds for payment thereof and said claims and/or demands are accurate and the funds were available for payment thereof.
BACKGROUND
Pursuant to the Town’s Municipal Code the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to Town policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.
FISCAL IMPACT
367 Commercial Warrants were issued in the amount of $3,603,663.55 47 Electronic Fund Transfers were issued in the amount of $2,763,973.83 1 Wire Transfer payment was issued in the amount of $40,745.00
ATTACHMENTS
A. February Commercial Warrants
B. February Electronic Fund Transfers
C. February Wire Transfer Schedule
Check # Date Vendor Description Check Total
172722 02/06/2025 4IMPRINT, INC HR Tablecloth 193.58
172723 02/06/2025 A & B HITCHES AND MUFFLERS Trailer repair 65.59 172724 02/06/2025 ALBERTSONS LLC Asap Snacks 84.07
172725 02/06/2025 AMAZON CAPITAL SERVICES Supplies 137.46 172726 02/06/2025 ANIMAL CARE HOSPITAL Voucher Program 75.00 172727 02/06/2025 APPLE VALLEY ANIMAL HOSPITAL Voucher Program 75.00 172728 02/06/2025 APPLE VALLEY PRINTING Color Letterhead Paper 265.06 172729 02/06/2025 APPLE VALLEY TIRE Trailer Tire repair 40.00 172730 02/06/2025 ASCAP License Fee 890.05
172731 02/06/2025 ATTEBERRY, ADRIANA Petty Cash 98.22
172732 02/06/2025 BATTERY MART Vehicle 78 198.94
172733 02/06/2025 BEAR VALLEY ANIMAL HOSPITAL S/N Services 2,897.04 172734 02/06/2025 BECK OIL INC. Fuel 285.12
172735 02/06/2025 BENEFIT COORDINATORS
CORPORATION
January Premiums 6,600.50
172736 02/06/2025 BEST PRICE AUTO GLASS PD Windshield Repair 667.59 172737 02/06/2025 BETTER BASEBALL, INC Nylon Golf Netting 13,480.04 172738 02/06/2025 BOOT BARN, INC. Boot Purchase 166.38
172739 02/06/2025 CAPITAL ONE Asap Snacks 538.77
172740 02/06/2025 CAR WASH PARTNERS, LLC January Wash Services 560.00 172741 02/06/2025 CARTER, HARLEY R Winter Basketball Official Payment 100.00 172742 02/06/2025 CONSOLIDATED ELECTRICAL
DISTRIBUTORS, INC.
Golf Course Maintenance 714.49
172743 02/06/2025 CHARTER COMMUNICATIONS Spectrum Golf January 369.41 172744 02/06/2025 COUNTY OF SAN BERNARDINO County Recorder 453.00 172745 02/06/2025 COUNTY OF SAN BERNARDINO Department Radios 3,791.68 Town of Apple Valley
Commercial Warrants
Month of February 2025
Check # Date Vendor Description Check Total
172746 02/06/2025 CROSSTOWN ELECTRICAL & DATA,
INC.
Bear Valley Rd Intersection Improvements 443,818.65
172747 02/06/2025 DIVISION OF THE STATE ARCHITECT BL Fees Q2 2025 297.60 172748 02/06/2025 EDISON COMPANY 12/26/24-1/26/25 3,793.10 172749 02/06/2025 FEDEX Shipping 294.26
172750 02/06/2025 FIDELITY SECURITY LIFE INS / January Premiums 1,072.46 172751 02/06/2025 FISH WINDOW CLEANING Window Cleaning Golf Course 30.00 172752 02/06/2025 G.A. OSBORNE PIPE & SUPPLY Brewster Park Supplies 571.76 172753 02/06/2025 GARDA CL WEST, INC February Services 1,723.94 172754 02/06/2025 GEISEL, PATRICK Winter Basketball Official Payment 140.00 172755 02/06/2025 GEOTAB USA, INC. Fleet Management - January 1,025.00 172756 02/06/2025 GOLDEN STATE WATER COMPANY 12/30/24-1/28/25 1,430.05 172757 02/06/2025 GREEN III, MACK C Winter Basketball Official Payment 125.00 172758 02/06/2025 GT GOLF SUPPLY CO Resale items 371.69 172759 02/06/2025 HARVEY, GREGORY Winter Basketball Official Payment 100.00 172760 02/06/2025 HD SUPPLY, INC Aluminum Signs 623.49
172761 02/06/2025 HIGH DESERT LASER GRAPHICS Name Plates 126.15 172762 02/06/2025 HIGH DESERT LASER GRAPHICS Name Plates 81.56 172763 02/06/2025 HODGSON, CARRIE ANN January Services 262.50 172764 02/06/2025 LIBERTY UTILITIES CA 11/22/24-1/23/25 10,307.75 172765 02/06/2025 LOWE'S (LAR) Shelter Supplies 25.88
172766 02/06/2025 MARTIN, KENNETH Retiree Reimbursement 377.40 172767 02/06/2025 MERRELL JOHNSON
GEOTECHNICAL, INC
Material Testing for YLES 14,626.00
172768 02/06/2025 MILLER, LANCE Retiree Reimbursement 179.05 172769 02/06/2025 MOBILE OCCUPATIONAL SERVICES Occupational Testing 145.00 172770 02/06/2025 MOJAVE PAINT & BODY PD Vehicle repair 4,503.44 172771 02/06/2025 MOTOROLA SOLUTIONS, INC 7 radios for streets staff 39,315.81 172772 02/06/2025 MYONLINEBILL.COM January Services 2,255.92
Check # Date Vendor Description Check Total
172773 02/06/2025 NAPA Vehicle Maintenance 2,979.14
172774 02/06/2025 NEW YORK LIFE January Premiums 445.97 172775 02/06/2025 S/N REFUND S/N REFUND 75.00
172776 02/06/2025 S/N REFUND S/N REFUND 40.00
172777 02/06/2025 S/N REFUND S/N REFUND 80.00
172778 02/06/2025 S/N REFUND S/N REFUND 75.00
172779 02/06/2025 S/N REFUND S/N REFUND 80.00
172780 02/06/2025 DESERADA INC Over Charge 3,238.87
172781 02/06/2025 GARY MOORE CONTRUCTION INC Over Charge 2,009.69 172782 02/06/2025 S/N REFUND S/N REFUND 75.00
172783 02/06/2025 Rental Deposit Refund Rental Deposit Refund 250.00 172784 02/06/2025 LGI HOME Over Charge 902.44
172785 02/06/2025 LGI HOME Over Charge 944.67
172786 02/06/2025 LGI HOME Over Charge 881.32
172787 02/06/2025 LGI HOME Over Charge 860.21
172788 02/06/2025 LGI HOME Over Charge 754.63
172789 02/06/2025 Rental Deposit Refund Rental Deposit Refund 250.00 172790 02/06/2025 S/N REFUND S/N REFUND 75.00
172791 02/06/2025 RICARDO MUZQUIZ Property Damage Claim Settlement 1,119.76 172792 02/06/2025 ROBERT PHILLIPS Over Charge 1,439.20
172793 02/06/2025 ROBERT PHILLIPS Over Charge 1,439.20
172794 02/06/2025 RUSTY CALDWELL Over Charge 3,246.10
172795 02/06/2025 RYAN GRISSOM Gas Reimbursement 55.81
172796 02/06/2025 S/N REFUND S/N REFUND 75.00
172797 02/06/2025 S/N REFUND S/N REFUND 40.00
172798 02/06/2025 S/N REFUND S/N REFUND 375.00
172799 02/06/2025 PARKER, AARON Winter Basketball Official Payment 100.00 172800 02/06/2025 PNC EQUIPMENT FINANCE Leased Equipment 5,832.56 172801 02/06/2025 PRECISION LOCK & SAFE AC Keys 44.19
172802 02/06/2025 PRUDENTIAL OVERALL SUPPLY Uniforms 619.10 172803 02/06/2025 QUADIENT LEASING USA, INC. PD Lease 2/20/25-5/19/25 206.94
Check # Date Vendor Description Check Total
172804 02/06/2025 SAN BERNARDINO COUNTY NPDES SOTRM WATER PERMIT 97,335.00 172805 02/06/2025 SESAC Music Performance License 1,982.00 172806 02/06/2025 SITEONE LANDSCAPE SUPPLY LLC Supplies 8,757.09 172807 02/06/2025 SPLATTERED INK, LLC Uniforms 252.41
172808 02/06/2025 STATE OF CALIFORNIA- D.O.J. Fingerprints 483.00 172809 02/06/2025 STERICYCLE Regular Service off-site 165.66 172810 02/06/2025 STILES ANIMAL REMOVAL, INC. Disposal Services 5,490.00 172811 02/06/2025 TABOR, KAYLEB Winter Basketball Official Payment 100.00 172812 02/06/2025 TERRYBERRY Service Award 467.56
172813 02/06/2025 TEXAS LIFE INSURANCE CO. January Premiums 1,143.82 172814 02/06/2025 THE ECOHERO SHOW LLC The Echoshow 1,250.00 172815 02/06/2025 THE GOODYEAR TIRE & RUBBER CO PD TIRES 1,662.86 172816 02/06/2025 TREETOP PRODUCTS, LLC Receptacle Mounting Kits 4,500.84 172817 02/06/2025 TYLER BUSINESS FORMS 1099 forms 229.44 172818 02/06/2025 U.S. BANK CORP. PMT SYSTEM January Calcard 25,825.58 172819 02/06/2025 V.V.W.R.A. Final Sewer Permits January 2025 35,092.50 172820 02/06/2025 VALLEYWIDE NEWSPAPERS LLC ESTABLISHING DELINQUENT UTILITY FEES AS DEBTS
179.40
172821 02/06/2025 VARGAS, RICHARD Winter Basketball Official Payment 125.00 172822 02/06/2025 VERDE DESIGN, INC EDEN PO 2324-000009 14,397.65 172823 02/06/2025 VOYAGER January Fuel purchases 10,650.67 172824 02/06/2025 WRIGHT, DARRYL Retiree Reimbursement 841.35 172825 02/13/2025 ABF PRINTS, INC. Required Mailing 1,133.13 172826 02/13/2025 ALBERTSONS LLC Asap Snacks 121.91
172827 02/13/2025 ALL GOOD DRIVING SCHOOL, INC. Instructor Pay online driver's ed 26.60 172828 02/13/2025 AMAZON CAPITAL SERVICES Supplies 3,139.51 172829 02/13/2025 AMERICAN TREE COMPANY Removal of trees and stumps 4,850.00 172830 02/13/2025 ANIMAL CARE HOSPITAL Voucher Program 75.00
Check # Date Vendor Description Check Total
172831 02/13/2025 APEX RENTALS Forklift to unload benches @ McConnell Park 693.25 172832 02/13/2025 APPLE VALLEY ANIMAL HOSPITAL S/N Program 110.50 172833 02/13/2025 APPLE VALLEY FIRE PROTECTION Fire District Impact Fees 14,018.75 172834 02/13/2025 APPLE VALLEY HIGH SCHOOL MAHST Walk a Thon 1,000.00 172835 02/13/2025 APPLE VALLEY PORTABLES James Woody Park 1,700.02 172836 02/13/2025 APPLE VALLEY TIRE Tire Repair 60.00
172837 02/13/2025 APPLE VALLEY UNIFIED SCHOOL
DISTRICT
Fines & Forfeitures Nov/Dec 2024 87.60
172838 02/13/2025 AVCOM SERVICES INC. Answering Service - Overages January 2025 395.40 172839 02/13/2025 BEAR VALLEY ANIMAL HOSPITAL S/N Services 12,713.22 172840 02/13/2025 BENEFIT COORDINATORS
CORPORATION
January Premiums 7,143.25
172841 02/13/2025 BEST POWER EQUIPMENT LLC Equipment Maintenance 610.51 172842 02/13/2025 BURRTEC WASTE IND, INC. Victro Valley Compost 48,100.98 172843 02/13/2025 BURRTEC WASTE INDUSTRIES, INC Neighborhood Clean up 8,009.36 172844 02/13/2025 CACEO CACEO Webinar 156.00
172845 02/13/2025 CARTER, HARLEY R Winter Basketball Official Payment 125.00 172846 02/13/2025 CONSOLIDATED ELECTRICAL
DISTRIBUTORS, INC.
Singh Center Lights 629.81
172847 02/13/2025 CLUB CADDIE HOLDINGS Club Caddie - Feb 750.00 172848 02/13/2025 CULLIGAN BOTTLED WATER Water Service 136.57 172849 02/13/2025 DATA TICKET INC Data Ticket 134.56
172850 02/13/2025 DELL MARKETING L.P. Laptop 2,331.40
172851 02/13/2025 DESERT GATE & AUTOMATION P.D. Gate repairs 1,260.00 172852 02/13/2025 DESERT VALLEY MEDICAL GROUP Pre-employment physical/screening 125.00 172853 02/13/2025 DIAMOND ENVIRONMENTAL SVCS Hoppy Trails Rec Event 250.60 172854 02/13/2025 DLT SOLUTIONS, INC 3DS MAX 2025 ELD ANNUAL SUBSCRIPTION 1,534.84 172855 02/13/2025 DUNN EDWARDS CORPORATION Golf Course Paint 66.98
Check # Date Vendor Description Check Total
172856 02/13/2025 EDISON COMPANY 1/6/25-2/3/25 3,282.47 172857 02/13/2025 EXPERT APPLIANCE SERVICE LLC Singh Center Ice Maker 210.12 172858 02/13/2025 FAUST MEDIA SERVICES, LLC Banner with Stand 574.43 172859 02/13/2025 FEDEX Shipping 15.24
172860 02/13/2025 FISH WINDOW CLEANING Window Cleaning 263.00 172861 02/13/2025 FRONTIER COMMUNICATIONS Feb - Backup Internet, Phone Service, TV Service
3,433.35
172862 02/13/2025 G.A. OSBORNE PIPE & SUPPLY Golf Course Supplies 722.01 172863 02/13/2025 GARDA CL WEST, INC January Excess Charges 20.18 172864 02/13/2025 GEISEL, PATRICK Winter Basketball Official Payment 85.00 172865 02/13/2025 GEYSER EQUIPMENT, LLC Grafitti Remover 1,449.11 172866 02/13/2025 GRAINGER, INC. Cleaning Supplies 93.63 172867 02/13/2025 GREEN III, MACK C Winter Basketball Official Payment 125.00 172868 02/13/2025 HARVEY, GREGORY Winter Basketball Official Payment 240.00 172869 02/13/2025 HASA INC. Pool Chemicals 1,006.92
172870 02/13/2025 HDL SOFTWARE LLC November Services 282.93 172871 02/13/2025 HIGH DESERT JUNIOR GOLF
ACADEMY
Instructor Pay Golf Lessons 960.00
172872 02/13/2025 HOME DEPOT CREDIT SEVICES Wall Texture 19.31 172873 02/13/2025 HOME DEPOT CREDIT SEVICES Small Tools 447.70 172874 02/13/2025 IMAGINE VIVID CREATIVE STUDIO James Woody Art in the park Mural repair 130.00 172875 02/13/2025 JI VEL RELIEF SERVICES VETERINARY
CORPORATION
Supervising Pet Services 2/2025 3,200.00
172876 02/13/2025 KONICA MINOLTA BUSINESS C4080 Usage 39.80 172877 02/13/2025 LAW OFFICES OF KATHY M GANDARA Legal Professional Services 5,004.67 172878 02/13/2025 LIBERTY UTILITIES CA 12/21/24-1/28/25 2,282.74 172879 02/13/2025 LOGICALIS Wasabi Cloud Overage - Aug to Nov 554.36 172880 02/13/2025 LOWE'S (LAR) Parks Supplies 555.78
172881 02/13/2025 MC MASTER-CARR SUPPLY
COMPANY
Brushes for grafitti removal 135.86
Check # Date Vendor Description Check Total
172882 02/13/2025 MOJAVE DESERT & MOUNTAIN MRF Operations 79,672.19 172883 02/13/2025 MWI ANIMAL HEALTH Vaccines for Clinic 2,434.51 172884 02/13/2025 NAPA Vehicle Maintenance 2,021.55
172885 02/13/2025 NIX, PATRICIA Instructor Pay line dancing classes 105.00 172886 02/13/2025 S/N REFUND S/N REFUND 80.00
172887 02/13/2025 S/N REFUND S/N REFUND 40.00
172888 02/13/2025 Class Refund Class Refund 42.00
172889 02/13/2025 Rental Deposit Refund Rental Deposit Refund 250.00 172890 02/13/2025 Trash Refund Trash Refund 267.75
172891 02/13/2025 S/N REFUND S/N REFUND 80.00
172892 02/13/2025 Refund for Winter Youth Basketball Refund for Winter Youth Basketball 71.00 172893 02/13/2025 OUTDOOR CREATIONS INC. Pre-Cast Concrete Site Furnishings 20,483.29 172894 02/13/2025 PARS December Fees 564.70
172895 02/13/2025 PRUDENTIAL OVERALL SUPPLY Uniforms 420.51 172896 02/13/2025 R&R PRODUCTS Golf Course Maintenance 173.90 172897 02/13/2025 RIVERA EQUIPMENT Golf Course Mainline Clear 1,250.00 172898 02/13/2025 RM FENCING Golf Course Fence Repair 1,865.00 172899 02/13/2025 SAN BERNARDINO COUNTY
SHERIFF'S DEPARTMENT
January Law Enforcement Services 1,583,255.00
172900 02/13/2025 SCMAF Contract Class Ins January 2025 395.00 172901 02/13/2025 SCP DISTRIBUTORS LLC Pool Heater Control Board 498.01 172902 02/13/2025 SILVER VALLEY PROPANE Propane 93.99
172903 02/13/2025 SMART & FINAL Asap Snacks 490.90
172904 02/13/2025 SPARKLETTS Water Service 129.18
172905 02/13/2025 TABOR, KAYLEB Winter Basketball Official Payment 185.00 172906 02/13/2025 TAYLOR, SHARI Instructor Pay - Baton Classes 304.20 172907 02/13/2025 TERRYBERRY Service Award 1,188.00
172908 02/13/2025 THE ECOHERO SHOW LLC EcoHero Show 1,200.00 172909 02/13/2025 THE RDI CORPORATION Shelter Pro January 1,931.00 172910 02/13/2025 TOWN OF APPLE VALLEY February Sewer 2,095.41 172911 02/13/2025 TURF STAR INC. Green's Mower Reel 1,931.92
Check # Date Vendor Description Check Total
172912 02/13/2025 TYLER TECHNOLOGIES INC EDEN PO 2122-000049 7,400.00 172913 02/13/2025 UNDERGROUND SERVICE ALERT OF
SO. CALIFORNIA
Dig Alert & January Monthly Maintenance 433.65
172914 02/13/2025 VERDE DESIGN, INC EDEN PO 2324-000009 7,912.00 172915 02/13/2025 WAXIE SANITARY SUPPLY Cleaning Supplies 660.27 172916 02/13/2025 WINSUPPLY CCP Restroom Repairs 362.79 172917 02/13/2025 XPRESS SIGNS 2025 Council Member signs change 350.00 172918 02/13/2025 ZAP MANUFACTURING Street Signs 4,811.73 172919 02/20/2025 ABF PRINTS, INC. REQUIRED MAILING 437.72 172920 02/20/2025 AMAZON CAPITAL SERVICES Clerical- Toner for Printer 1,199.71 172921 02/20/2025 AMERICAN COMPUTER SERVICE STATEMENTS/POSTAGE 7,110.92 172922 02/20/2025 APPLE VALLEY PORTABLES Lyons Park- Stolen Portable Restroom Replacement
1,000.00
172923 02/20/2025 ASCAP Lic. Fee Finance Chg. 21.28
172924 02/20/2025 ATHACO, INC 2026 MFF Stickers 92.75
172925 02/20/2025 BEAR VALLEY PARTY RENTALS Hiring Event Tables 347.20 172926 02/20/2025 BENDER ROSENTHAL INC Yucca Loma Road Right of way Services 2,712.58 172927 02/20/2025 BEST POWER EQUIPMENT LLC J. Woody-Weed Eater String 64.64 172928 02/20/2025 BEST PRICE AUTO GLASS WINDOW TINTING SERVICE 229.30 172929 02/20/2025 BRIGHTVIEW LANDSCAPE SERVICES LANDSCAPE MAINTENANCE - JANUARY 2025 20,324.34 172930 02/20/2025 CALLAWAY GOLF SALES CO. Resale Items 209.30 172931 02/20/2025 CAPITAL ONE ASAP Snacks 223.33
172932 02/20/2025 CARTER, HARLEY R Winter Basketball Official Pay 125.00 172933 02/20/2025 CHARLES ABBOTT ASSOCIATES Building & Safety Services Jan 2025 81,658.00 172934 02/20/2025 COUNTY OF SAN BERNARDINO Department Radios 7,410.72 172935 02/20/2025 COUNTY OF SAN BERNARDINO Pool Health Permit 546.00 172936 02/20/2025 DAVID EVANS & ASSOC, INC EDEN PO 2223-000057 23,170.46 172937 02/20/2025 DESAI, RONAK DECEMBER SERVICES 15,750.00 172938 02/20/2025 DFM ASSOCIATES 2025 CALIFORNIA ELECTIONS CODE 75.08 172939 02/20/2025 EDISON COMPANY 12/20/04-01/21/25 33,197.02
Check # Date Vendor Description Check Total
172940 02/20/2025 ENVIROMINE, INC. TOAV SMARA Compliance Review 2,197.55 172941 02/20/2025 FAUST MEDIA SERVICES, LLC Business Cards- Planning Department 3,821.89 172942 02/20/2025 G.A. OSBORNE PIPE & SUPPLY Parks Supplies 685.48 172943 02/20/2025 GEISEL, PATRICK Winter Basketball Official Pay 30.00 172944 02/20/2025 GILLIAM, MANASSEH Physical for Dot Exam 40.00 172945 02/20/2025 GT GOLF SUPPLY CO Resale Items 222.16 172946 02/20/2025 HAAKER EQUIPMENT CO Emergency Repairs for Pothole Truck 6,586.58 172947 02/20/2025 HARVEY, GREGORY Winter Basketball Official Pay 200.00 172948 02/20/2025 IMPERIAL SPRINKLER SUPPLY Parks Supplies 416.78 172949 02/20/2025 JOHNSON, RAFORD Winter Basketball Official Pay 100.00 172950 02/20/2025 JON'S FLAGS & POLES INC. USA Flags 1,212.19 172951 02/20/2025 KENTUCKY FRIED CHICKEN COUNCIL MEETING 328.81 172952 02/20/2025 KIMLEY-HORN AND ASSOCIATES,
INC.
Yucca Loma Road Design 34,764.00
172953 02/20/2025 LIBERTY UTILITIES CA 12/6/24-2/6/25 3,453.62 172954 02/20/2025 LOWE'S (LAR) Rec. Center Repairs 1,066.11 172955 02/20/2025 MOJAVE BASIN AREA WATERMASTER Verified Annual Production - Golf Course Wells 416.71 172956 02/20/2025 NAPA Vehicle 100 388.69
172957 02/20/2025 Trash Refund Trash Refund 66.22
172958 02/20/2025 DCM DESIGNS INC Over Charge 551.71
172959 02/20/2025 DESERADA INC Over Charge 4,701.58
172960 02/20/2025 Trash Refund Trash Refund 73.26
172961 02/20/2025 Trash Refund Trash Refund 248.36
172962 02/20/2025 JEFF LONGSHORE Over Charge 1,898.57
172963 02/20/2025 JOHN HARRISON CONTRACTING INC Water Heater 60.63 172964 02/20/2025 Landon Lugo Employee Travel Reimbursement 43.25 172965 02/20/2025 Trash Refund Trash Refund 50.71
172966 02/20/2025 Trash Refund Trash Refund 36.63
172967 02/20/2025 Trash Refund Trash Refund 40.71
Check # Date Vendor Description Check Total
172968 02/20/2025 Trash Refund Trash Refund 179.63
172969 02/20/2025 Patrick and Tamra Doran Misinformed by SWG 181.92 172970 02/20/2025 PRIMO HOME BUILDERS INC Over Charge 644.79 172971 02/20/2025 PRIMO HOME BUILDERS INC Over Charge 2,481.86 172972 02/20/2025 SALVADOR FLORES Over Charge 2,184.15
172973 02/20/2025 Trash Refund Trash Refund 119.66
172974 02/20/2025 USA DEVELOPMENT INC Over Charge 1,819.65 172975 02/20/2025 USA DEVELOPMENT INC Over Charge 1,302.90 172976 02/20/2025 Trash Refund Trash Refund 93.68
172977 02/20/2025 Trash Refund Trash Refund 134.38
172978 02/20/2025 PARKER, AARON Winter Basketball Official Pay 100.00 172979 02/20/2025 PNC EQUIPMENT FINANCE Leased Equipment 10,434.15 172980 02/20/2025 PRECISION LOCK & SAFE Facilities Keys/Locks 1,972.51 172981 02/20/2025 PRUDENTIAL OVERALL SUPPLY Uniform-Golf 673.33 172982 02/20/2025 SOUTHWEST GAS CORPORATION 01/09/25-02/06/25 13,950.61 172983 02/20/2025 TABOR, KAYLEB Winter Basketball Official Pay 100.00 172984 02/20/2025 TOWN OF APPLE VALLEY FEBRUARY SEWER 1,045.62 172985 02/20/2025 TURF STAR INC. Golf Course-Mount Scarifier 345.96 172986 02/20/2025 VALLEYWIDE NEWSPAPERS LLC APL2024-005 1,752.42 172987 02/20/2025 VELOCITY TRUCK CENTERS Vehicle 112 inspection 392.00 172988 02/20/2025 VERIZON WIRELESS CELL PHONE AND TABLET SERVICE - 12/24 - 01/23
5,461.49
172989 02/20/2025 WANG, YIJIA JANUARY SERVICES 5,100.00 172990 02/20/2025 WAXIE SANITARY SUPPLY Supplies 1,540.99 172991 02/20/2025 Trash Refund Trash Refund 33.78
172992 02/20/2025 Trash Refund Trash Refund 37.98
172993 02/20/2025 WILBUR-ELLIS COMPANY LLC All Parks- Round Up 1,045.98 172994 02/20/2025 WINSUPPLY DSB Toilet Repair 984.84
172995 02/20/2025 WPONCALL WEBSITE MAINTENANCE 300.00
172996 02/27/2025 AMAZON CAPITAL SERVICES Facilites Supplies/Chairs 448.62 172997 02/27/2025 AMERICAN COMPUTER SERVICE STATEMENTS/POSTAGE 5,764.54
Check # Date Vendor Description Check Total
172998 02/27/2025 APPLE VALLEY GLASS Door Repair 47.27
172999 02/27/2025 APPLE VALLEY PRINTING #9 GREEN ENVELOPES 904.02 173000 02/27/2025 APPLE VALLEY TIRE 2022 Ford Ranger Tire Maintenance 637.54 173001 02/27/2025 BATTERY MART Battery - Trailer 106.82 173002 02/27/2025 BEAR VALLEY ANIMAL HOSPITAL Voucher Program 120.00 173003 02/27/2025 BRIGHTVIEW LANDSCAPE SERVICES Extra Work - L-3 Remove Vegetation & Trees 1,499.17 173004 02/27/2025 CAPITAL ONE ASAP Supplies 13.17
173005 02/27/2025 CARTER, HARLEY R Winter Basketball Official Payment 100.00 173006 02/27/2025 CDL BASIC TRAINING LLC Class B CDL Instruction/Training - Emp. C.
Rubio
2,800.00
173007 02/27/2025 CONSOLIDATED ELECTRICAL
DISTRIBUTORS, INC.
Singh Center Lights 987.94
173008 02/27/2025 CHARLES ABBOTT ASSOCIATES Engineering Services January 2025 145,159.00 173009 02/27/2025 CHARTER COMMUNICATIONS SPECTRUM - FEBRUARY 8,904.09 173010 02/27/2025 COUNTY OF SAN BERNARDINO AMENDED TAX BILL 2,652.00 173011 02/27/2025 COUNTY OF SAN BERNARDINO Solid Waste Management 136,690.87 173012 02/27/2025 DATA TICKET INC Data Ticket 89.56
173013 02/27/2025 DELL MARKETING L.P. AS - Laptop bag and mouse 84.70 173014 02/27/2025 EDISON COMPANY 01/07/25-02/04/25 25,708.71 173015 02/27/2025 EQUIPMENTSHARE.COM INC Lift Rental 890.93 173016 02/27/2025 FAUST MEDIA SERVICES, LLC Replacement check #137751 780.77 173017 02/27/2025 FINANCIAL CREDIT NETWORK INC Collections 123.26 173018 02/27/2025 FIRST AMERICAN TITLE CO Litigation Guarantee 1,510.00 173019 02/27/2025 GEISEL, PATRICK Winter Basketball Official Pay 200.00 173020 02/27/2025 GEO-MONITOR INC. Horseman's Center Sample 100.00 173021 02/27/2025 GRAINGER, INC. HHW Supplies 2,787.58
173022 02/27/2025 GREEN III, MACK C Winter Basketball Official Payment 125.00 173023 02/27/2025 HARVEY, GREGORY Winter Basketball Official Payment 100.00 173024 02/27/2025 HASA INC. Pool Chemicals 943.99
Check # Date Vendor Description Check Total
173025 02/27/2025 HAVEN TECHNOLOGY
CORPORATION
AV Station Counter-top and Bullet Resistant
Insert
3,093.06
173026 02/27/2025 HIGH DESERT LASER GRAPHICS Name Badge-Debbie Rivera 40.78 173027 02/27/2025 HOME DEPOT CREDIT SEVICES Truck #118 51.19 173028 02/27/2025 KONICA MINOLTA KONICA - NEW FLEET 02/22/2025 4,559.69 173029 02/27/2025 KONICA MINOLTA PREMIER FINANCE C4080 BASE - 2/13/2025 - 3/12/2025 916.96 173030 02/27/2025 LIBERTY UTILITIES CA 12/7/24-2/7/25 17,109.67 173031 02/27/2025 LOGICALIS Wasabi Cloud Backup - Reserved Capacity 75TB
2,634.47
173032 02/27/2025 MOJAVE DESERT & MOUNTAIN MRF Operations 155,047.65 173033 02/27/2025 MOJAVE DESERT & MOUNTAIN REFUND DUE TO CK DEPOSIT ERROR 01/28/25 CK 2766
21,828.67
173034 02/27/2025 MOJAVE PAINT & BODY VEHICLE REPAIR 2,472.22 173035 02/27/2025 NAPA Small Tools 283.96
173036 02/27/2025 NEXTECH SYSTEMS, INC Polara Accessible Pedestrian Signal Equipment 17,291.07 173037 02/27/2025 NEXXSOL CORPORATION ADOBE ACROBAT PRO, CREATIVE CLOUD,
CAPTIVATE
14,391.54
173038 02/27/2025 TRASH REFUND TRASH REFUND 69.44
173039 02/27/2025 TRASH REFUND TRASH REFUND 34.03
173040 02/27/2025 TRASH REFUND TRASH REFUND 7.33
173041 02/27/2025 TRASH REFUND TRASH REFUND 45.91
173042 02/27/2025 TRASH REFUND TRASH REFUND 69.44
173043 02/27/2025 PARKER, AARON Winter Basketball Official Payment 100.00 173044 02/27/2025 PRUDENTIAL OVERALL SUPPLY Uniform Service 555.41 173045 02/27/2025 RIVERA EQUIPMENT DSB Hot Water Heater Replacement 2,100.00 173046 02/27/2025 RM FENCING Horseman's Center Chain Link 1,300.00 173047 02/27/2025 SAN BERNARDINO & RIVERSIDE Singh Center- Fire Protection & Life Safety Serice
578.96
173048 02/27/2025 SESAC PERFORMING RIGHTS LLC Late Fees 29.73
Check # Date Vendor Description Check Total
173049 02/27/2025 SOUTHWEST GAS CORPORATION 01/09/25-02/06/25 21,513.78 173050 02/27/2025 ST. FRANCIS ELECTRIC, LLC Traffic Signal Maint. Response Billing - Jan. 2025
4,687.31
173051 02/27/2025 TABOR, KAYLEB Winter Basketball Official Payment 100.00 173052 02/27/2025 VALLEY SECURITY SYSTEMS INC James Woody Monitoring Service 127.00 173053 02/27/2025 VALLEYWIDE NEWSPAPERS LLC TPM 20920 (without map) 630.50 173054 02/27/2025 VARGAS, RICHARD Winter Basketball Official Pay 250.00 173055 02/27/2025 WANG, YIJIA December Services 8,050.00 173056 02/27/2025 WINSUPPLY Drain Auger 4,845.94
173057 02/27/2025 NEM CASH OUT NEM CASH OUT 35.53
173058 02/27/2025 NEM CASH OUT NEM CASH OUT 57.22
173059 02/27/2025 NEM CASH OUT NEM CASH OUT 209.05
173060 02/27/2025 NEM CASH OUT NEM CASH OUT 90.33
173061 02/27/2025 NEM CASH OUT NEM CASH OUT 47.68
173062 02/27/2025 NEM CASH OUT NEM CASH OUT 15.78
173063 02/27/2025 NEM CASH OUT NEM CASH OUT 79.17
173064 02/27/2025 NEM CASH OUT NEM CASH OUT 12.96
173065 02/27/2025 NEM CASH OUT NEM CASH OUT 3.75
173066 02/27/2025 NEM CASH OUT NEM CASH OUT 43.21
173067 02/27/2025 NEM CASH OUT NEM CASH OUT 76.82
173068 02/27/2025 NEM CASH OUT NEM CASH OUT 5.73
173069 02/27/2025 NEM CASH OUT NEM CASH OUT 1.51
173070 02/27/2025 NEM CASH OUT NEM CASH OUT 227.70
173071 02/27/2025 NEM CASH OUT NEM CASH OUT 15.86
173072 02/27/2025 NEM CASH OUT NEM CASH OUT 130.64
173073 02/27/2025 NEM CASH OUT NEM CASH OUT 81.42
173074 02/27/2025 NEM CASH OUT NEM CASH OUT 44.08
173075 02/27/2025 NEM CASH OUT NEM CASH OUT 28.74
173076 02/27/2025 NEM CASH OUT NEM CASH OUT 40.53
173077 02/27/2025 NEM CASH OUT NEM CASH OUT 9.44
173078 02/27/2025 NEM CASH OUT NEM CASH OUT 22.02
Check # Date Vendor Description Check Total
173079 02/27/2025 NEM CASH OUT NEM CASH OUT 49.15
173080 02/27/2025 NEM CASH OUT NEM CASH OUT 45.00
173081 02/27/2025 NEM CASH OUT NEM CASH OUT 808.66
173082 02/27/2025 NEM CASH OUT NEM CASH OUT 36.82
173083 02/27/2025 NEM CASH OUT NEM CASH OUT 40.57
173084 02/27/2025 NEM CASH OUT NEM CASH OUT 38.08
173085 02/27/2025 NEM CASH OUT NEM CASH OUT 39.05
173086 02/27/2025 NEM CASH OUT NEM CASH OUT 125.07
173087 02/27/2025 CLERK OF THE BOARD OF Filing Fee 50.00 173088 02/27/2025 CLERK OF THE BOARD OF Filing Fee 50.00 367 Checks Total amount of checks: 3,603,663.55
Check # Date Vendor Description Check Total
617 02/06/2025 BATTISTA, RICHARD Graffiti Removal 2,475.60 618 02/06/2025 BIG APPLE AUTO VEHICLE REPAIR 8,111.34
619 02/06/2025 CADY, MICHAEL Retiree Reimbursement 379.97 620 02/06/2025 CRON, DENNIS Retiree Reimbursement 405.30 621 02/06/2025 CUPP, PAMELA Retiree Reimbursement 1,270.36 622 02/06/2025 HARROWER, KATHY Retiree Reimbursement 619.60 623 02/06/2025 KELLEY, KAREN Retiree Reimbursement 619.60 624 02/06/2025 LAMSON, LORI Retiree Reimbursement 1,443.99 625 02/06/2025 MCKEON, TOM Retiree Reimbursement 301.66 626 02/06/2025 MILLER, CAROL Retiree Reimbursement 478.29 627 02/06/2025 MOLINARI, MICHAEL Retiree Reimbursement 800.00 628 02/06/2025 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 532.11 629 02/06/2025 SCHMACHTENBERGER, KATHERINE M Retiree Reimbursement 575.82 630 02/06/2025 SMITH, KEVIN Retiree Reimbursement 399.94 631 02/06/2025 SULZBERGER, DIANNE Retiree Reimbursement 620.60 632 02/06/2025 TYPE-SET-GO 100 Mile Swim Club 16.16
633 02/06/2025 VULCAN MATERIALS Cold mix 800.78
634 02/06/2025 WHITESIDE, GINA M Retiree Reimbursement 1,650.80 635 02/13/2025 BIG APPLE AUTO VEHICLE REPAIR 17,757.35
636 02/13/2025 BURRTEC WASTE INDUSTRIES INC A1,A2 764,585.75 637 02/13/2025 CARROLL, MARY ANNE Instructor Pay-Yoga Fit Classes 178.20 638 02/13/2025 GARCIA, NEIL Instructor Pay-Guitar Lessons 113.74 639 02/13/2025 KINETIC LIGHTING, INC Singh Center Lighting 636.18 640 02/13/2025 MOCHARNUK, BILL Instructor Pay-Tennis Classes 209.83 641 02/13/2025 MURO, MARIA Instructor Pay-Aqua Zumba Classes 524.33 642 02/13/2025 MYERS, MELANIE Instructor Pay-Acting Classes 1,152.00 Town of Apple Valley
Commercial Warrants
Month of February 2025
Electronic Fund Transfers
Check # Date Vendor Description Check Total
643 02/13/2025 ODP BUSINESS SOLUTIONS, LLC DSB workroom office supplies 66.15 644 02/13/2025 QUADIENT FINANCE USA, INC POSTAGE 3,288.66 645 02/13/2025 RICHLING, HAILEY Instructor Pay-Tap& Ballet Classes 458.85 646 02/13/2025 SOUTHERN CALIFORNIA EDISON 04/01/24-04/30/24 POWER VA SALES 294,842.24 647 02/13/2025 TYPE-SET-GO Golf Course Shirts 1523.59
648 02/13/2025 URMSTON, CHRIS Instructor Pay-Tai Chi 376.8 649 02/13/2025 VULCAN MATERIALS Cold mix 2587.98
650 02/20/2025 BATTISTA, RICHARD Graffiti Removal 2428.2 651 02/20/2025 FLYERS ENERGY, LLC PD FUEL 63.54
652 02/20/2025 INLAND FAIR HOUSING & CDBG Services December 4 653 02/20/2025 INTERWEST CONSULTING GROUP INC SPR2023-006 Cordova Business Center 18297 654 02/20/2025 SAXBY ENTERPRISES INC Rec Event 973
655 02/20/2025 SOUTHERN CALIFORNIA EDISON 6/1/2024-6/30/2024 POWER VA SALES 360423.36 656 02/20/2025 VULCAN MATERIALS Cold mix 842.26
657 02/27/2025 ARTISTIC RESOURCES CORPORATION Singh Center Wireless Mic Package 21,464.88 658 02/27/2025 GREINES, MARTIN, STEIN & RICHLAND LLP TOAV V. RANCHOS 1,358.00 659 02/27/2025 LCR EARTHWORK & ENGINEERING, CORP. Yucca Loma Elementary Safe Routes to School 1,245,485.63 660 02/27/2025 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 916.53 661 02/27/2025 QUADIENT FINANCE USA, INC PD POSTAGE 500.00 662 02/27/2025 SAXBY ENTERPRISES INC Hoppy Trails 5K Shirts 774.00 663 02/27/2025 VULCAN MATERIALS Cold mix 639.86
47 EFT'S Total amount of EFT's: $2,763,973.83
Wire Reference Date Beneficiary Name Description Wire Total REF004651 2/3/2025 CAPITAL ONE PUBLIC FUNDING DSB/CONF LEASE PMT $ 40,745.00
TOWN OF APPLE VALLEY
WIRE TRANSFERS
MONTH OF FEBRUARY 2025
Town Council Agenda Report
Date: March 25, 2025
To: Honorable Mayor and Town Council
Subject: FEBRUARY 2025 PAYROLL/BENEFITS WARRANTS SCHEDULE From: Douglas Robertson, Town Manager
Submitted by: Adam Cripps, Interim Assistant Finance Manager 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 Section 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
The Payroll / Benefits warrants issued from February 1 through February 28, 2025, in the amount of $1,007,724.43 net of voids, covering issued warrant #s 72053-72090 and direct deposit advice #s 1000916-1001410 are herewith submitted for approval.
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 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.
FISCAL IMPACT
DATE TOTAL
02/14/2025 $499,240.37
02/28/2025 $508,484.06
TOTAL: $1,007,724.43
The payroll and benefit warrants issued, covering warrant #s 72053-72090 and direct deposit advice #s 1000916 – 1001410 inclusive, totaled $1,007,724.43. Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.
Town Council Agenda Report
Date: March 25, 2025
To: Honorable Mayor and Town Council
Subject: CONSIDER APPROVING THE FIRST AMENDMENT TO THE
RETAINDER AGREEMENT WITH GREINES, MARTIN, STEIN &
RICHLAND LLP (GMSR)
From: Douglas Robertson, Town Manager
Submitted by: Thomas A. Rice, Town Attorney
Town Attorney
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council approve the First Amendment to the Retainer Agreement with Greines, Martin, Stein & Richland LLP (GMSR) and authorize the Town manager to execute the Amendment.
BACKGROUND
On May 13, 2021, the Town entered into a Retainer Agreement (“Original Agreement”) with Greines, Martin, Stein & Richland LLP (GMSR) to represent the Town with respect to evaluating and prosecuting an appeal on behalf in the matter of the Town of Apple Valley vs. Apple Valley Ranchos Water Company, et al. (the “Matter”). In coordination with the Town Attorney’s Office, GMSR has capably and successfully represented the Town at the Court of Appeal in the Matter. With the Matter expected to continue, GMSR’s continued representation is desirable.
The Original Agreement established the following hourly rates: Partners were to be compensated at $485 per hour, Associates at $385 per hour, and Law Clerks at $100 per hour. Since that time, legal service costs have increased and GMSR has made changes to its structure. GMSR seeks to have the Original Agreement amended to reflect this increase and structural change. The new hourly rates will be as follows: Partners to be compensated at $600, Associates at $495, Fellows performing research or draftring at $300, and Fellows performing cite-checking at $150.
ANALYSIS
The proposed First Amendment is limited to increasing the hourly rates of Partners, Associates, and Fellows of GMSR. In the Town Attorney’s opinion, the updated rates
reflect reasonable adjustments consistent with prevailing legal market rates for similar services. The Original Agreement remains unchanged in all other respects.
The proposed First Amendment has been reviewed by staff and is attached for the Council’s consideration. The Original Agreement is also included for reference.
FISCAL IMPACT
The fiscal impact of the proposeed rate adjustment will depend on the number of hours billed by GMSR in connection with the matter of the Town of Apple Valley vs. Apple Valley Ranchos Water Company, et al.
ALTERNATIVES
1. Approve the First Amendment to the Retainer Agreement as recommended.
2. Deny the request, which may result in GMSR ending its representation of the Town.
3. Direct staff to negotiate alternative terms.
ATTACHMENTS
A. Proposed First Amendment to Retainer Agreement
B. Original Retainer Agreement (May 13, 2021)
- 1 -
FIRST AMENDMENT TO GMSR RETAINER AGREEMENT
This FIRST AMENDMENT TO GMSR RETAINER AGREEMENT (this “Amendment”) is made and entered into as of February 25, 2025 by and among the Town of Apple Valley (the “Town”) and Greines, Martin, Stein & Richland LLP (“GMSR”).
RECITALS
WHEREAS, on or about May 13, 2021, the Town and GMSR entered into a Retainer Agreement (the “Original Agreement”) pursuant to which GMSR was retained to represent the Town with respect to evaluating and prosecuting an appeal on behalf of the Town in the matter of the Town of Apple Valley vs. Apple Valley Ranchos Water Company, et al. (the “Matter”).
WHEREAS, the Town and GMSR now desire to amend the Original Agreement to: (1) increase the hourly rates for Partners to $600; (2) increase the hourly rates for Associates to $495; (3) remove the rates for Law Clerk time; (4) provide an hourly rate for Fellows performing research or drafting at $300; and (5) provide an hourly rate for Fellows performing cite-checking at $150.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Town and GMSR hereby agree as follows:
AGREEMENT
SECTION 1. The above recitals are incorporated by reference as if set forth in full herein.
SECTION 2. The portion of the Original Agreement which details the fees to be paid by the Town to GMSR, shall be amended to read, in its entirely as follows:
Our rates for this case are as follows: Partner time is charged at $600 per hour. Associate time is charged at $495 per hour. Fellows performing research or draft are charged at $300 per hour.
Fellows performing cite-checking are charged at $150 per hour.
SECTION 3. Except as expressly amended by this First Amendment, the underlying terms and conditions of Original Agreement remain the same.
IN WITNESS WHEREOF, the Parties have caused this First Amendment to be executed and duly attested by its authorized officers on the day and year first above written.
SIGNATURES ON FOLLOWING PAGE
- 2 -
SIGNATURE PAGE TO
FIRST AMENDMENT TO GMSR RETAINER AGREEMENT
TOWN OF APPLE VALLEY:
By: _______________________________
Douglas B. Robertson, Town Manager
ATTEST:
By: _____________________________
La Vonda M-Pearson, Town Clerk
APPROVED AS TO FORM:
By: _____________________________
Thomas A. Rice, Town Attorney
GMSR:
By: _____________________________
Edward (“Ted”) L. Xanders
Town Council Agenda Report
Date: March 25, 2025
To: Honorable Mayor and Town Council
Subject: APPLE VALLEY CHOICE ENERGY (AVCE) RATE CHANGE
APPROVAL
From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Director of Municipal Services Municipal Services Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
It is recommended that The Town Council:
A Approve the Town Manager as Executive Director of Apple Valley Choice Energy (AVCE) to adjust to parity with Southern California Edison (SCE), effective April 1,2025: and
B Direct the Town Manager to agendize an item for future rate adjustment in the Fall of 2025.
BACKGROUND
Each year in January, Southern California Edison (SCE) adjusts its rates to be effective for that calendar year. SCE’s annual evalutaion of their rates resulted in a substantial decrease due to over collection. This unusual and temporary decrease has caused an average AVCE’s customer bill to be approximately 9% higher than SCE. It is anticipated that SCE’s rates may increase in October 2025 by some unknown factor, but will likely not fully bridge the current gap between AVCE and SCE.
AVCE staff and CalChoice consusltants have analyzed AVCE’s current financial position and the fiscal impacts of several rate scenarios. There were several scenarios that were contemplated with only two warranting further discussion. The first is keeping current rates unchanged and the second is decreasing rates to parity with SCE now and adjusting in October. Those scenarios along with a comparison of cash positions are summarized in the table below.
SCENARIO COMPARISON TABLE
FY 2024/25
CURRENT
RATES
FY 2025/26
CURRENT
RATES
FY 2024/25
RATE
PARITY
FY 2025/26
RATE
PARITY
REVENUE $34,866,780 $35,409,788 $33,262,000 $29,516,000 OPERATING EXP. $32,952,786 $32,396,918 $32,952,786 $32,396,918
NET OPERATING
MARGIN
$1,913,994 $3,012,870 $309,214 ($2,880,918)
BEGINNING FUND
BALANCE
$15,550,000 $17,463,994 $15,550,000 $15,859,214
ENDING FUND
BALANCE
$17,463,994 $20,476,864 $15,859,214 $12,978,296
RESERVE FOR
UNCOLLECTIBLE
$5,000,000 $5,000,000 $5,000,000 $5,000,000
UNRESERVED
FUND BALANCE
$12,463,994 $15,476,864 $10,859,214 $7,978,296
PROJECTED LOW
CASH BALANCE
$6,000,000 $2,500,000
SUMMARY
Based on current rates, AVCE’s revenue is sufficient to cover its operating expenses in the current and following fiscal years with a net operating margin forecast of $1.9M in FY 24/25 and $3.0M in FY 25/26. Adjusting rates down to achieve and maintain rate parity results in a projected $309,214 operating margin in FY 24/25 and a projected net operating loss of almost $2.9M in FY 25/26. Based on existing assumptions, there is sufficient accumulated fund balance to cover the FY 25/26 operating loss. However, the reduction in revenue in FY 25/26 does result in cash balances hitting a low point of roughly $2.5M.
Staff recommends reducing rates to parity with SCE and adjusting in October with an anticipated increase to maintain parity commensurate with the goals and objectives declared in AVCE’s implementation plan which reads, in part, “Competitive rates will be critical to attracting and retaining key customers. In order for the Town to be successful, the combination of price and value must be perceived as superior when compared to the bundled utility service alternative. As planned, the value provided by the AVCE Program will include a community focus and local investment and control.” Current and futrure programs that add value to AVCE’s offerings are further described in the attached informational handout titled, Energy Programs Overview.
AVCE staff and CalChoice consultants will monitor cash activity closely to ensure sufficient cash is available to meet AVCE’s financial obligations.
Lastly, the proposed rate reduction scenario will require the Town Manager bring an item to the Council some time in the Fall of this year to adjust again to parity when SCE increases their rates as anticipated.
FISCAL IMPACT
The fiscal impact is identified in the Scenario Comparison Table above.
ATTACHMENTS
A Energy Programs Overview, informational handout.
ENERGY PROGRAMS OVERVIEW
A Roadmap for Local Resiliency
CURRENT PROGRAMS
Power Choice Residential (Solar + Battery Storage)
Program partnership with CalChoice, Participate Energy, and Member CCAs. Offers residential customers the installation, operation, and maintenance of rooftop solar and battery storage systems for homeowners with no upfront out-of-pocket costs. Participating customers will realize savings from reduction in energy costs, as the battery system will discharge energy during highest demand times, thereby avoiding “Time of Use” peak charges from grid energy. No upfront costs or credit underwriting requirements for applicants Customers realize energy cost savings with low fixed rate ($/kWh) for solar generation over the program term New revenue for CCA from installations (i.e., $0.40/kW during installation; $0.02/kWh and $15/per Powerwall once operational)
Reduces CCA procurement costs and resource adequacy obligations Program agreement is transferable (e.g. homeowner sells the home; new owner simply “takes over” power purchase agreement for the remainder of the existing term at existing rate with no credit requirement) Available landlord/renters of single-family homes
Power Choice Plus: Solar + Battery Storage for Commercial Customers Program partnership with CalChoice, Participate Energy, and Member CCAs. Provides business customers with an energy use analysis, a customized solar & battery energy storage system design, and the installation, operation, and maintenance of the system with no upfront out-of-pocket cost.
Program has same overall benefits as Power Choice Residential program Business attraction and customer retainment (program only available to CCA customers) Local installers (channel partner expansion will use local solar installers to market and implement the program)
DEVELOPING PROGRAMS
Power Choice CARE (Solar + Battery Storage) Q2 2025
Program partnership with CalChoice, Participate Energy, and Member CCAs. Offers CARE residential customers the installation, operation, and maintenance of rooftop solar and battery storage systems for homeowners with no upfront out-of-pocket costs and a reduced fixed rate. Program has same overall benefits as Power Choice Residential program CARE customers realize additional costs savings with lower rate ($/kWh) for solar generation over the program term (Up to 70% lower than standard the Residential program rate)
2 CalChoice CCA Energy Programs Overview
Energy Efficiency “Elect to Administer” Direct Install (CPUC Funded) Q2 2025 CalChoice will deploy a direct install program, utilizing CPUC / rate payer funds to provide the installation of energy efficiency measures for customers at no cost. Such measures could include weatherization, smart thermostats, heat pumps, etc. CalChoice and Frontier Energy are developing a program and budget recommendation for CalChoice CCAs to consider. Once approved, CalChoice will apply for funding through the CPUC advice letter process. CPUC fully funds the program for a three-year term, through public purpose funds paid by all rate payers No cost to the CCA for deployment of program
No cost to customers for receiving direct installation of energy efficiency measures Energy Efficiency: Equitable Building Decarbonization (CEC Funded) Q3 2025 CalChoice is a partner in the SoCal Coalition, which is a collaboration effort involving more than 50 local government, community based, and social justice organizations. The California Energy Commission selected the Coalition to deploy a $329M Equitable Building Decarbonization direct install program to eligible customers located in the southern California region. No cost to the CCA for deployment of program
No cost, direct installation of energy efficiency measures for multi-family, single family, and manufactured homes in historically underserved communities
Program creates new job opportunities and fosters engagement and participation through local governance Community based organizations will work to expand and reach more individuals in need Demand Response Q3 2025
CalChoice will be releasing a Request for Proposals soliciting a third party to design and implement a customized demand response (DR) customer program. The DR program will complement and leverage existing programs deploying energy resources (such as solar and battery storage) to provide grid resilience benefits and load reduction for the CCAs, as well as incentive payments to customers for participating during peak energy events Incentive program for participating customers
DR programs lower peak demand energy during called “events” (such as hot weather days, or for grid stability) providing CCAs with procurement cost savings
DR programs reduce CCA resource adequacy obligations
3 CalChoice CCA Energy Programs Overview
FUTURE PROGRAMS
Low-Carbon Fuel Standard Credits for City-Owned EV Stations As the city deploys public electric vehicle charging stations and/or transitions vehicle fleet to be fueled by electricity, the City can receive revenue through the generation and sale of LCFS credits generated from electricity consumed at charging stations owned by the City; the more capacity, the greater potential for revenues (for example, Level 3 Fast Chargers use more energy than a standard Level 2 during a charging session). CalChoice’ procurement team will work with the CCA to set up and manage an LCFS Portfolio with the California Air Resources Board and propose further opportunities to increase credits and maximize total revenue.
Town Council Agenda Report
Date: March 25, 2025
To: Honorable Mayor and Town Council
Subject: RESOLUTION NO. 2025-05 A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING THE
PERSONNEL POLICY AND PROCEDURES MANUAL 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 and adopt Resolution No. 2025-05, A Resolution of the Town Council of the Town of Apple Valley amending the Personnel Policy and Procedures Manual for the Town of Apple Valley.
BACKGROUND
The Human Resources Department recommends making the following amendments to various sections of the Personnel Policy and Procedures Manual:
Rule 5 Employment Hours – Section 5.1 All Employees
The Human Resources Department, working in conjunction with payroll staff, recommends updating the language in the policy section specifically for those employees on a traditional 5/8’s schedule, as well as part-time employees, to clarify the actual pay period. This amendment will reflect that the workweek will begin at 12:01 a.m. on Saturday and end at 11:59 p.m. the following Friday. This will not change current schedules, just reflect current practices and maintain consistency in application of the policy.
Rule 6 Leave, Vacation and Holidays – Sections 6.1, 6.2, 6.6, and 6.7 After conducting a small benefits survey among various local agencies, the Human Resources Department discovered that agencies are moving away from requiring employees to work for a certain amount of time before they are able to use their accrued leave. Currently, Town policy states that employees must wait 90 days to utilize sick leave and six (6) months to use vacation, or floating holiday. Often this creates hardship for
employees if they become ill or if an employee is hired towards the end of the year, they do not have the ability to take paid leave for the Holiday closure because they are prohibited by policy from doing so. The recommended amendment to the policy will allow regular employees the ability to use their accrued leave immediately after hire as it is accrued, instead of taking leave without pay. Part-time employees will also be able to use sick leave immediately after hire, instead of waiting 90 days.
Additionally, there is a proposed amendment to section 6.1.3 Bereavement Leave, to mirror state requirement of (5) days per occurrence. Currently, the Town allows for 10 days of bereavement leave total. This amendment will provide employees with the ability to use accrued sick leave, up to (5) days in total, per occurrence, for bereavement leave purposes.
Lastly, staff proposes an amendment to section 6.2.3 Sick Leave for Part-time and Seasonal Employees to allow part-time employees the ability to maintain their unused sick leave accrual if promoted to a full-time status.
Rule 19 Dress Code Guidelines – Sections 19.1, 19.2 and 19.3 The recommended amendments to sections 19.1 and 19.2 of the Dress Code Guidelines includes a new approach that allows employees the ability to “Dress for Your Day” instead of adhering to the standard business professional attire. Allowing employees to dress for their day, rather than adhering to traditional business casual dress codes, can enhance comfort and productivity, as employees are able to wear attire that suits their specific tasks for the day and work environment. This approach also fosters a sense of trust and autonomy, empowering employees to make decisions about their appearance based on personal preferences and work needs. In turn, this can boost morale and employee satisfaction, ultimately leading to higher engagement and retention. Employees will still need to adhere to acceptable/unacceptable apparel and use their best judgment when deciding on their attire for the day. This policy amendment only applies to Town employees who are not required by their job function to wear a uniform as defined in section 19.3.
Additionally, there have been minor amendments to 19.3 Uniform Overview to include the Facilities Department and update the Parks Division title (formerly Grounds).
FISCAL IMPACT
There is no cost associated with the recommended amendments to the Personnel Policies and Procedures Manual.
ATTACHMENTS
A. Resolution 2025-05
B. Section 5.1 All Employees
C. Section 6.1 Sick Leave for Full-Time Employees and 6.2 Sick Leave for PartTime and Seasonal Employees D. Section 6.6 Floating Holiday
E. Section 6.7 Vacation
F. Section 19.1 General Dress Code Overview, 19.2 General Guide and 19.3 Uniform Overview.
RESOLUTION NO. 2025-05
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY AMENDING THE PERSONNEL
POLICY AND PROCEDURES FOR THE TOWN OF APPLE
VALLEY
WHEREAS, the Town Council of the Town of Apple Valley has established Personnel Policy and Procedures for the Town of Apple Valley; and WHEREAS, the Town Council of the Town of Apple Valley wishes to modify the Personnel Policy and Procedures 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 revised policy section 5.1 as shown in Attachment B.
Section 3. The Town Council hereby adopts the revised policy sections 6.1 and
6.2 as shown in Attachment C.
Section 4. The Town Council hereby adopts the revised policy section 6.6 as shown in Attachment D.
Section 5. The Town Council hereby adopts the revised policy section 6.7 as shown in Attachment E.
Section 6. The Town Council hereby adopts the revised policy sections 19.1, 19.2 and 19.3 as shown in Attachment F.
Section 7. 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 8. Effective Date. This Resolution is effective immediately. All resolutions, parts of resolutions in conflict herewith are hereby amended to be consistent herewith.
RESOLUTION 2025-05
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 25th day of March 2025.
_____________________________________
Scott Nassif, Mayor
ATTEST:
______________________________
La Vonda M-Pearson, Town Clerk
Section 5.1 All Employees
The official workweek for employees on a 9/80 schedule shall begin at mid-day Friday and shall end at mid-day the following Friday. The official workweek for employees on a traditional schedule (five 8-hour days), as well as part-time employees, shall begin at 12:01 a.m. on Saturday and shall end at 11:59 p.m. the following Friday. Employees of the Town shall not exceed eight (8) hours (for a traditional workweek) or nine (9) hours (for a 9-80 schedule) worked in one workday without prior authorization from their immediate supervisor. A regular pay period shall consist of eighty (80) hours worked over two (2) weeks, regardless of which work schedule an employee is on. A normal workday may consist of eight (8) hours (for a traditional workweek) or nine (9) hours worked per day on the basis of a 9-80 compressed work schedule. Rules for administration of the 9-80 compressed work schedules shall be established by the Town Manager or his/her designee.
Section 6.1 Sick Leave for Full-Time Town Employees
1. Accrual. Full-time Town employees, including those serving a probationary period, shall accrue sick leave for each payroll period completed, prorated on the basis of twelve (12) days per year. Earned sick leave shall be available for use immediately after hire. In no event shall an employee be entitled to receive sick leave with pay in excess of the number of sick leave days accrued at the time of illness. Therefore, an employee who has exhausted sick leave accrual and who is unable to work due to illness or injury will be placed on a vacation status for the duration of the employee’s vacation accrual, if any, and may be eligible for a protected leave of absence under California or Federal law. Pursuant to the Town’s pregnancy disability leave policy, employees on pregnancy disability leave may, but are not required to use vacation. If the employee has exhausted both sick leave and vacation leave accruals, the employee shall be placed on unpaid status.
2. Use. The following are considered appropriate uses of sick leave accrual:
a. Employees may use sick leave accrual for personal illness or injury, which incapacitates the employee for duty.
b. An employee who is personally undergoing medical, dental, or optical treatment or examination may use sick leave accrual for required time away from work.
c. Employees may use sick leave for the diagnosis, care, or treatment of an existing health condition of, or the preventative care for, an employee or an employee’s family member or to attend legal proceedings, or obtain medical treatment, counseling or other victims’ services for domestic violence, sexual assault, or stalking Family member for purposes of this section includes a spouse, registered domestic partner, child (a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis), parent (a biological, adoptive or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), grandparent, grandchild and sibling. Leave under this section may also be used for employees who are the victims of domestic violence, sexual assault, or stalking.
d. An employee quarantined by appropriate authority may use sick leave accruals for the duration of the quarantine period.
3. Bereavement Leave. Sick leave accrual may be used when a death occurs in the immediate family of a regular employee. Such use is limited to five (5) days per occurrence. For Bereavement Leave purposes, “immediate family” includes a spouse, domestic partner, children, parents, parents of current spouse, sister, brother, grandparents, stepparents, or half-brother, half-sister.
4. Minimum charge. The minimum charge against accumulated sick leave shall be fifteen (15) minutes.
5. Notice of Illness. To the extent possible, employees must provide reasonable advance notice of their need for leave under this policy. If the need for leave is not foreseeable, an employee must provide notice as soon as practicable.
6. Maximum accrual. There shall be no limit on the accrual of sick leave. Payment of accrued unused sick leave at a rate of fifty (50%) will occur only upon termination of employment provided the employee has completed at least five (5) years of full-time service with the Town. Employees shall receive vesting of 75% of their sick leave at the beginning of their fifteenth (15th) year of service and shall receive vesting of 100% of their sick leave at the beginning of their twentieth (20th) year of service with the Town. However, in the case of retirement from the California Public Employees Retirement System, the employee shall receive one hundred percent (100%) credit for unused sick leave as it relates to service credit with the Public Employees Retirement System. (Employees with less than five [5] years of service must reference Section 6.19 Sick Leave Conversion.) At retirement or separation from Town service, all exempt employees shall make a mandatory contribution of 100% of the sick leave that they are entitled to, up to the applicable IRS limits, into the Town’s Nationwide 401a deferred compensation plan. Contributions in excess of the IRS limits, if any, at the time of separation will be paid out to the employee. Employees are permitted to withdraw funds from this account after separation from Town service or at retirement, in accordance with IRS regulations.
7. Illness during vacation leave. Employees who become ill while on approved vacation leave may request to have vacation time converted to sick leave upon notification to the Human Resources Director.
8. Non-regular employees. Part-time, temporary, and seasonal employees shall be eligible for sick leave pursuant to the policy in section 6.2.
9. Return from sick leave. Upon expiration of the leave, an employee will generally be reinstated to his or her position with equivalent seniority, benefits, pay and other terms and conditions of employment.
10. Relationship with other leave policies. If a law, regulation, or policy provides for greater accrual or use of sick days, the law, regulation, or policy with the greater protection may apply. For questions regarding the interplay between your entitlement to leave under other laws, regulations, or Town policies and your entitlement to leave under the Paid Sick Leave Act, please contact the Human Resources Director.
11. Use of Disability Insurance. Employees who wish to use Disability Insurance for any period of a sick leave absence are required to notify the Town prior to the first day of any absence. In such cases, the employee’s timecard should reflect such use by a reduction in the number of sick leave hours recorded. Employees who apply for Disability Insurance and fail to inform the Town by adjusting their hours on their timecard will be subject to disciplinary action up to and including discharge.
12. Misuse. Evidence substantiating the abuse and misuse of the sick leave benefit shall result in denial of sick leave with pay and may result in disciplinary action, up to and including discharge.
Section 6.2 Sick Leave for Part-Time and Seasonal Town Employees
1. Beginning July 1, 2015, the Town of Apple Valley will provide paid sick leave to all part-time and seasonal employees who have worked thirty (30) days or more since their hire date with the Town of Apple Valley. Earned sick leave shall be available for use immediately after hire. Employees are provided with 40 hours of sick leave at the beginning of each fiscal year on July 1.
2. Sick leave under this section may be used for the diagnosis, care, or treatment of an existing health condition of, or the preventative care for, an employee or an employee’s family member or to attend legal proceedings, or obtain medical treatment, counseling or other victims’ services for domestic violence, sexual assault, or stalking Family member for purposes of this section includes a spouse, registered domestic partner, child (a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis), parent (a biological, adoptive or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), grandparent, grandchild and sibling. Leave under this section may also be used for employees who are the victims of domestic violence, sexual assault, or stalking.
3. To the extent possible, employees must provide reasonable advance notice of their need for leave under this policy. If the need for leave is not foreseeable, an employee must provide notice as soon as practicable. Unused paid sick leave under this section is not paid out at time of separation from employment. However, employees who are re-employed with the Town of Apple Valley within a year of separation will have their unused sick bank made available to them. In the event a part-time employee is promoted to a full-time status, any unused sick leave will be transferred and be made available to them.
4. Leave under this policy may run concurrently with leave taken under other applicable policies as well as under local, state, or federal law, including leave taken pursuant to the California Family Rights Act (CFRA) or the Family Medical Rights Act (FMLA). For questions regarding the interplay between your entitlement to
leave under other laws, regulations, or Town policies and your entitlement to leave under the Paid Sick Leave Act, please contact the Human Resources Director.
Section 6.6 Floating Holiday
A floating holiday shall be a holiday on a workday of the employee’s choice, which is earned during the fiscal year. All regular employees of the Town are eligible for three floating holidays annually. Requests for a floating holiday shall be subject to the approval of the employee’s immediate supervisor and at such time as will not impair the work schedule and efficiency of the department. Employees are eligible to use floating holiday immediately after hire. The floating holiday may be used in conjunction with other vacation and holidays. Employees hired after July 1 will accrue floating holidays on a pro-rata basis based on the remaining number of pay periods in the fiscal year. The minimum charge against a floating holiday shall be fifteen (15) minutes.
Employees shall be prohibited from using a floating holiday during their last two weeks of employment with the Town. Accrued, unused floating holidays shall be paid off at termination at the employee’s rate of pay in effect at the time of termination. Accrued, unused floating holidays remaining on the books on June 30th will be paid on the next payroll using the employee’s rate of pay as of June 30th of the year the floating holiday was earned.
Section 6.7 Vacation
Regular employees of the Town shall be entitled to paid annual vacation based on length of credited service with the Town. Employees in regular positions shall accrue, on a pro rata basis, vacation leave for completed pay periods. Earned vacation leave shall be available for use immediately after hire.
Regular full-time employees of the Town shall accrue vacation benefits at the rate of ten (10) days vacation per year during the first four years continuous service. Employees shall be allowed to accrue a maximum of twenty-five (25) days vacation during the first four years continuous service.
Regular full-time employees of the Town shall accrue vacation benefits at the rate of fifteen (15) days vacation per year during the fifth through ninth year continuous service.
Employees shall be allowed to accrue a maximum of thirty–five (35) days vacation during the fifth through ninth year of continuous service.
Regular full-time employees of the Town shall accrue vacation benefits at the rate of twenty (20) days vacation per year during the tenth through fourteenth year of continuous service.
Employees shall be allowed to accrue a maximum of forty-five (45) days vacation during the tenth through fourteenth year of continuous service.
Regular full-time employees of the Town shall accrue vacation benefits at the rate of twenty-five (25) days vacation per year during the fifteenth through nineteenth year continuous service. Employees shall be allowed to accrue a maximum of fifty-five (55) days vacation during the fifteenth through nineteenth year of continuous service.
Regular full-time employees of the Town shall accrue vacation benefits at the rate of thirty (30) days vacation per year following the nineteenth-year continuous service. Employees shall be allowed to accrue a maximum of sixty-five (65) days vacation following the nineteenth year of continuous service.
Temporary, part-time, and seasonal employees of the Town shall not be eligible for vacation leave benefits.
Accrual of vacation shall cease once the employee reaches the maximum accrual level for his or her years of service and will recommence only after the maximum accrual has been reduced unless, however, the employee can demonstrate that the employee has been unable to take vacation leave due to work load. In this event, the employee must schedule vacation leave within a time frame authorized by the Town Manager. It is the employee’s sole responsibility to monitor their vacation accrual and submit requests for vacation at least thirty (30) days prior to reaching the maximum accrual.
Earned vacation leave may be taken in fifteen (15) minute increments with the approval of the employee’s immediate supervisor and at such time as will not impair the work schedule and efficiency of the department or result in overtime. Should employee vacation requests conflict with staffing requirement, supervisors shall arrange a mutually acceptable vacation schedule based on length of employee service and the order in which employee vacation requests were submitted.
Accrued, unused vacation shall be paid upon termination of employment.
RULE 19 DRESS CODE GUIDELINES
Section 19.1 General Dress Code Overview – Dress for Your Day The purpose of this policy is to allow Town employees to safely perform their job, while maximizing comfort and maintaining an appropriate and professional image. The Town trusts its employees to provide superior service to internal and external customers without feeling obligated to dress in traditional business casual attire day after day. While maintaining your professionalism remains important, the Town will provide employees the option to "Dress for Your Day'' - everyday.
The Town encourages employees to dress in a way that makes them most comfortable, confident and helps employees to be their best selves and deliver their best work. Dress is a matter that requires each individual employee to exercise professional judgement, knowing that you represent yourself and the Town.
Dress for Your Day gives employees the flexibility to dress in a way that adheres to your specific schedule for that day. Employees can wear jeans to work if that's what makes them comfortable, however, if employees are meeting with boards, commissions and/or Town Council, the Town expects them to wear normal business attire. This policy is intended to be simple - consider what you are doing that day at work and dress appropriately.
Department directors, managers, supervisors, and Human Resources have the responsibility to enforce this policy. Any employee who does not meet the attire and grooming standards set herein will be subject to corrective action and may be asked to leave the premises to change their clothing.
Hourly paid employees will not be compensated for any work time missed because of their failure to comply with the designated workplace and grooming standards. Repeated policy violations shall be grounds for discipline as appropriate, up to and including termination.
Section 19.2 General Guide
This policy applies to Town employees who are not required by their job function to wear a uniform, safety equipment and/or safety clothing.
1. Each employee is a representative of the Town of Apple Valley and therefore must come to work properly groomed and appropriately dressed for their position, the type of work to be performed and the events that are scheduled for their workday.
2. The definition of what is appropriate will vary from day-to-day and from employee to employee. "Dress for your Day'' consideration should always be given to meetings that employees may have with customers, applicants, vendors, visitors, guests and the Commissions and Town Council, as well as planned Town-wide events.
3. Employees required by their job function to wear a uniform, safety equipment and/or safety clothing, will continue to be required to do so as required by your
department. Footwear must be appropriate for the work environment and functions being performed.
4. Employees who may have unexpected meetings or presentations are highly encouraged to keep a business casual option and dress shoes in their workspace for unexpected meetings.
5. The option to dress for your day is not a requirement. If you are most comfortable in business casual or business attire, you can continue to do so. Dress for Your Day is about individuality and feeling your best.
6. Employees need to bathe regularly, be clean shaven, maintain a tidy beard and/or mustache, and use hairstyles/hair coloring, makeup, jewelry, perfume, cologne, or aftershave conservatively and tastefully. In some positions, long hair that is not tied back, or nails that are too long in length, may cause safety concerns.
7. The Town allows reasonable self-expression through personal appearance, unless it conflicts with an employee's ability to safely perform his or her job effectively or with his or her specific work environment, or if it is regarded as offensive or harassing towards others. Visible tattoos shall not be obscene, sexually explicit, discriminatory to sex, race, religion, or national origin, extremist and/or gang related. Any tattoo in violation of this policy will be covered with clothing or a bandage while at work. Piercings should remain discreet, modest, and not pose a safety risk. Any piercing in violation of this policy shall be removed, covered with a bandage, or replaced with a clear, plastic spacer.
8. Acceptable work attire may include dress slacks, khakis, dockers, ankle-length pants, non-distressed jeans, moderate length dresses or skirts, polo shirts or t-shirts with a Town logo, dress shirts, short/long sleeve blouses or shirts, blazers or sports coats, jackets, sweaters or cardigans, Town branded hoodies, dress shoes, loafers, dress boots, mules, sling backs, sneakers, athletic shoes, and hats that are blank or have a Town logo.
9. Unacceptable apparel includes distressed jeans, cutoffs, shorts, leggings, stretch pants, graphic t-shirts, tank tops, T-tops, mid-drifts, tube tops, or non-Town branded hoodies. Clothing that is excessively tight, short, or otherwise revealing is inappropriate. Necklines for both men and women must be kept modest, bareshouldered dresses/shirts or clothing, which may expose the mid-drift area of a person, are not permitted. Unacceptable shoes include croc-like shoes, slides, flip flops, or shoes in serious need of polishing or repair.
10. This policy may be withdrawn or changed at any time, and the Town would return to a business casual and/or business attire policy.
Section 19.3 Uniform Overview
Designated employees of the Animal Control, Code Enforcement, Public Works, Parks, and Facilities departments are required to wear uniforms furnished by the Town of Apple Valley.
These employees shall abide by the following Uniform Dress Policy unless safety dictates a deviation from this policy.
The following classifications are currently required to wear agency provided uniforms while on duty: Animal Control Supervisor uniforms consist of burgundy or grey shirts and grey/blue slacks; Senior Animal Control Officer, Animal Control Officers I & II, Animal Control Officer Trainee uniforms consist of burgundy or grey shirts and grey/blue slacks; Animal Shelter Supervisor and Animal Health Assistant uniforms consist of blue shirts and tan pants; Animal Services Assistant uniforms consist of burgundy shirts and tan pants; Senior Code Enforcement Officer and Code Enforcement Officers I & II uniforms consist of navy blue shirts and tan slacks; Public Works Supervisor, all Senior Maintenance Workers, Maintenance Workers I & II, all Parks and Facilities uniforms consist of a variety of colored shirts and slacks.
CalPERS members subject to Classic benefit formulas can expect this Uniform Allowance to be reportable to CalPERS as a special compensation item per 2CCR 571(a) and Gov. Code 7522.34.
Uniform Allowances are not reportable as special compensation for CalPERS members subject to a PEPRA benefit formula. The monetary value of the CalPERS uniform allowance shall not exceed $299.00 annually and shall be reported equally across 26 pay periods per fiscal year (July 1 through June 30).
Town Council Agenda Report
Date: March 25, 2025
To: Honorable Mayor and Town Council
Subject: RESOLUTION NO. 2025-06 A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF APPLE VALLEY UPDATING THE
TOWN’S GRANT MANAGEMENT POLICY
From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Supervisor Housing and Community Development Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Approve and adopt Resolution No. 2025-06, A Resolution of the Town Council of the Town of Apple Valley updating the 2018 Grant Management Policy for the Town of Apple Valley.
BACKGROUND
In 2018, a Grant Management Policy was established to execute all state and federal grants that were awarded to the Town of Apple Valley. The Policy is being updated to ensure compliance with current laws and regulations and will serves as a guide to provide clarity, consistency, and accountability to departments, project managers and assigned personnel throughout the grant lifecycle.
FISCAL IMPACT
There is no cost associated with the recommended amendments to the updated Grant Management Policy.
ATTACHMENTS
A. Resolution 2025-06
B. Exhibit A to Resolution 2025-06 – Grant Management Policy .
RESOLUTION NO. 2025-06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY, UPDATING THE TOWN’S GRANT
MANAGEMENT POLICY
WHEREAS, The Town Council of the Town of Apple Valley has updated the 2018 Grant Management Policy; and
WHEREAS, the Town Council of the Town of Apple Valley wishes to update, modify, and ensure compliance with current laws and regulations during grant implementation; and
WHEREAS, the updated Grant Management Policy will serve as a guide to provide clarity, consistency, and grant management assistance to departments, project managers, and assigned personnel throughout the grant lifecycle.
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 finds that the adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(b)(3), that CEQA only applies to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that the amendments to the Grant Management Policy will have a significant effect on the environment.
SECTION 3. The Town Council hereby adopts the updated Grant Management Policy, attached hereto and incorporated herein as Exhibit A.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 25th day of March 2025.
Scott Nassif, Mayor
ATTEST:
__________________________________________
La Vonda M-Pearson, Town Clerk
Apple Valley Grant Management Policy
March 2025
1 Contents
Section 1: Introduction and Grant Overview ..................................................................................2 Section 2: Roles and Responsibilities ...........................................................................................3 Section 3: Post-Award Processes and Procedures .........................................................................3 Section 4: Implementation of Grant ..............................................................................................5 Section 5: Risk, Compliance, Record Keeping and Reporting .......................................................11 Section 6: Project Evaluation ......................................................................................................14 Section 7: Grant Closeout ..........................................................................................................16 Section 8: Compliance, Audits, and Audit Readiness...................................................................18 Section 9: Additional Guidance ..................................................................................................19 Section 10: Special Grants .........................................................................................................20 Section 11: Glossary ..................................................................................................................23
2 Section 1: Introduction and Grant Overview
This document has been developed as a comprehensive guide for grant awarded projects, outlining implementation guidelines and grant management processes before, during, and after the project lifecycle.
This following information will provide a foundation for meeting the basic grant management requirements and standards to help effectively manage a Town awarded grant. This document was created to increase project status, while minimizing any problems that may arise. As a good steward of grant resources, grantees are expected to understand and adhere to programmatic, administrative and fiscal laws, regulations, policies, and procedures to most effectively implement and manage grant projects.
The Town of Apple Valley (Town) will aggressively pursue grant funding from federal, state and other sources, consistent with identified Town goals and objectives, Since the Town does not have a centralized grants department, it is the responsibility of each department to obtain a grant to manage, communicate, report, and be familiar with all grant documents and requirements. The Town Manager and the Director of Finance or their designee must be notified prior to submission of any grant applications. For the purpose of this policy “Program Manager” applies to the individual within a given departments who will be responsible for the grant, which may include designated consultants.
Grant Administration Overview
It is important to note that activities undertaken in the first few weeks of the project’s implementation are crucial to the overall success of the project. These activities will not only set the tone of the project, but will ensure the following are met:
- The project is on pace to meet the required performance measures. - All grant funds will be expended during the grant period. - All project files maintain before, during, and post-performance measures and reporting requirements.
- All project files retention requirements identified.
- All project records and documentation meet audit requirements.
It is the Program Manager’s responsibility to ensure that the project team members are familiar with the grant proposal, the notice of award, the terms of the grant agreement/contract, and the policies and procedures for the Town.
Remember, the Finance Department is here to support and ensure the success of the grant and its projects.
3 Section 2: Roles and Responsibilities
During the development, implementation, and management of projects, the primary individual responsible for coordinating with all these offices is the project manager. This individual is also responsible for facilitating all communication about the project, soliciting support from the appropriate departments when needed, and participating in grants compliance meetings with finance staff as needed.
The project manager is the primary individual responsible for the day-to-day management of the grant throughout the grant period. Keys to effective and efficient grant management are planning, allowing for time needed to complete requests, addressing issues as early as possible, and maintaining complete, auditable records. The project manager supervises the daily operations of the grant, including:
1. Managing the budget Responsible for reconciling quarterly budget reports in collaboration with the Finance Department. Monitoring the monthly budget to compare the percentage of time spent in the grant period with the percentage of total funds spent to date.
2. Incorporate and reference additional financial policies including Accounts Payable Guidelines, Purchasing Policy, Fixed Asset Policy, Investment Policy, Travel Reimbursements Guidelines.
3. Purchasing with grant funds to ensure that the purchasing requests adhere to all policies and procedures and to federal, state, or funder requirements. Additionally, ensure grantfunded positions are paid in accordance with the grant requirements and standard payroll practices and processes.
4. Procurement will provide for full and open competition
5. Closing out the project and evaluation Preparing final reports for closeout of the grant for submission to the funding agency, typically within 45 to 90 days after the project ends. (Reminder: Not completing and submitting reports timely may have an impact on our future funding.) Ensuring proper closeout has been completed using the Grant Closeout Checklist.
The Town Council and the Town Manager, or a designee in writing, are the only person(s) who can commit to the Town of Apple Valley to receive and use grant funds.
The Finance Department will work with the project manager through the lifecycle of the grant from pre-award to post-award and grant closeout.
Section 3: Post-Award Processes and Procedures
Official notification of a grant award is typically sent by a funding agency to the Program Manager and/or other official designated in the original grant proposal. However, the authorization to spend grant funds is derived from the Council through the approval of a grant budget. This is done with the adoption of the Town-wide operating and capital budget, as the grant budget is a component of such or through budget adjustment. Project expenditure cannot be incurred without council
4 approval.
Negotiation the Award
In some instances, a program officer from the funding agency may request additional information or clarification on a project or contact the lead contact person to discuss budget adjustments or required revisions. The Finance staff has extensive experience in working with a variety of grant programs, funding agencies, and foundations which will be helpful in the efforts to come to an solution or agreement with the program officer, should the Program Manager require assistance.
Executing the Grant Contract
Please note that grant contracts may only be signed by a designated individual. Grant contracts are legal agreements between the Town and the funding agency or organization that holds the Town accountable and responsible for delivering the outcomes set forth in the contract and for managing all grant funds appropriately. The Project Manager will facilitate the signature process to fully execute the grant contract, typically through DocuSign. A fully executed copy of the agreement, along with any supporting documentation, i.e. staff reports, etc. will then be provided with Finance for processing.
Grants Award Meeting
Within two weeks of the award, the Project Manager will schedule a grant award meeting with the administrative, fiscal, program staff who will be involved in the grant. This meeting is an opportunity for the Project Manager and project team to ask questions and gain clarification on the implementation of the grant.
The Project Manager should become extremely familiar with the grant contract, project timelines and performance objectives, budget, and all requirements referenced in the grant award documents. We do not want to inadvertently fail to comply with the grant requirements. The award documents typically include specific information and the terms and conditions regarding allowable and unallowable costs and activities, reporting requirements, and situations that would require prior approval by the funding agency.
The Project Manager shall be prepared to discuss the following at the meeting:
- Grant award details- scope, intent, award date, awarding agency, timeframe, etc. - Specific requirements
o Specify Code of Federal Regulation (CFR) sections.
o Funding source. Will this grant require Prevailing Wage including Davis Bacon requirements to be followed.
o For all public works projects, see Town’s Capital Project Guidelines to ensure compliance with Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB) financial reporting. o All Public works projects must adhere to the Department of Industrial Relations (DIR) requirements.
- Specific next steps and timelines for project implementation and planned activities - Recording Keeping System:
5 o IDIS
o Grant reporting portal
o Other internal accounting system or spreadsheets.
- Internal Policies and Procedures established for program/project. - Reporting Requirements
- Project Account Codes
o A Grant Information Form must be submitted to Finance to request revenue and expense accounts to be established.
o A copy of the project summary and project budget shall be submitted to the Finance Department.
Section 4: Implementation of Grant
Applying Best Practices
The implementation phase is the longest phase of the grant lifecycle. By now, the Project Manager and team have reviewed the approved activities, timelines, budget, and evaluation plan. This section provides the best practices for managing the various aspects of project implementation.
Purchasing Guidelines
All other Government purchasing and procurement guidelines apply to the expenditure of grant funds. The use of grant funds does not exempt and purchase from normal purchasing requirements. The Town has instituted an efficient and fair procurement process in accordance with federal and state procurement regulations and encourages the inclusion of all vendors and suppliers. For purchases of $50,000 or more, a formal bid process is required. Responsibility and authority to make commitments for these purchases is the responsibility of the Program Manager.
The Program Manager shall reference and follow the Town’s Municipal Code section 3.12 on Purchasing. For more information on Purchasing procedures and processes, contact the Finance Department. If the awarded grant requires additional procurement requirements, the Program Manager shall adhere to those requirements and inform the Finance Department.
NOTE: ALL Federal Awards, Cooperative Agreements, or State Awards utilizing Federal Funds must also follow the General Procurement Standards in the Code of Federal Regulations (CFR); Title 2:
Grants and Agreements section §200.318 through §200.326. These guidelines can be found at https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl ; in addition expenditures utilizing funds through Caltrans must follow the Local Assistance Procedures Manual (LAPM, particularly Chapters 5 and 16. These guidelines can be found at https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/local-assistanceprocedures-manual-lapm or Local Assistance Procedures Manual for Caltrans Grants.
ALL Federal Awards used to procure vendors providing services to the Town in excess of $25,000.00 must maintain evidence of vendor “Suspension and Debarment” verification through the “Systems for Awards Management (SAM). Print out a copy of verification and submit it to Finance and retain a copy in the grant file. This requirement must also be included in the Contract, Professional Services Agreement, and/or PO.
6 Town of Apple Valley will include a suspension/debarment clause in all written contracts in which the vendor/contractor certifies that it is not suspended or debarred. The contract will also contain language requiring the vendor/contractor to notify the Government immediately upon becoming suspended or debarred. This will serve as adequate documentation as long as the contract remains in effect.
If a vendor is found to be suspended or debarred, the Town will immediately cease to do business with this vendor.
Establishing the Grant
Upon receipt of the notice of award, fully executed contract, and project budget, Finance will set up the project’s internal budget account based on the approved budget. This account will be used for project-related purchases, grant personnel costs, and/or fund transfers. Most funding agencies use electronic wire transfers to credit grant accounts. This system will be set up by Finance as defined in the award documents.
Once the budget is established, Finance will review the fiscal management process with the Project Manager. The Project Manager should be very familiar with the budget, cost categories, and amount in each budget line, as approved by the funding agency. The Project Manager is responsible for initiating and approving all direct charges to the project’s budget.
Note: If the Project Manager receive a check payable to the Town directly from the funder, it should be immediately delivered to Finance.
Managing the Budget
Departments may use some internal mechanism (such as a spreadsheet) to monitor grant revenues, expenditure and budgetary compliance, however all such financial information will also be maintained in the Town’s finance software at some level. The finance software is Town of Apple Valley’s “official” accounting system. Ultimately, the information in this system is what will be audited and used to report to governing bodies, not information obtained from offline spreadsheets. Program Managers are strongly encouraged to use inquiries and reports generated directly from the finance software to aide in grant tracking. If any federal, state or other internal record keeping system is maintained, it is the responsibility of the Program Manager to ensure that the program’s internal records reconcile with the Town’s accounting system.
Fiscal Years
Occasionally, the fiscal year for the granting agency will not coincide with the Town’s fiscal year.
This may require adjustments to the internal budget accounts and interim financial reports as well as special handling during fiscal year-end close. It is the responsibility of the Program Manager to oversee grant budgets within his/her department and to bring such discrepancies to the attention of the Finance Department at the time the grant accounts are established.
Grant Budget
When the accounting structure for a grant is designed, it will include the budget that was prepared when the grant application was submitted. The terms of each specific grant will dictate whether any budget transfers between budgeted line items will be permitted. In no case will the Program Manager be authorized to exceed the total budget authority provided by the grant.
7 If grant funds have not been totally expended by fiscal year-end, it is the responsibility of the Program Manager to notify the Finance Department that budget funds need to be carried forward to the new fiscal year and to confirm the amounts of such carry-forwards. This can be done during the Town’s normal annual budgeting process. Carry-forwards of grant funds will be subjected to maximum allowable amounts/percentages based on the grant award agreement and/or the UGCS and 2 CFR 200.
Capital Assets
Town of Apple Valley is responsible for maintaining an inventory of assets purchased with grant monies. The Town is accountable for them and must make them physically available for inspection during any audit. The Director of Finance or his/her designee must be notified immediately of any sale of these assets.
Customarily, the proceeds of the sale can only be used on the grant program that purchased them.
In most cases, specific governing regulations can be found in the original grant.
The individual department overseeing the grant will coordinate this requirement. All transactions that involve the acquisition or disposal of grant funded fixed assets must be immediately brought to the attention of the Director of Finance or his/her designee.
Disposition of Equipment
Equipment purchased with state or federal funds must be used in the grant project for which it was acquired for as long as the equipment is needed. Grant equipment with a current per unit fair market value (FMV) of $5,000 of less may be retained, sold, or otherwise disposed of with no further obligation to the Federal awarding agency, unless expressly stated otherwise in the grant document. If the FMV is in excess of $5,000, the Federal awarding agency should be contacted for instruction prior to selling or disposing, according to the terms and conditions of the grant agreement.
Managing the Budget
Grant budget reports must be consistent with the project progress or narrative reports. If issues with project implementation arise that will impact the project budget, the Program Manager must contact the Finance Department for guidance. The Program Manager shall document reporting deadlines in project management software, calendar or other similar tools to comply with grant requirements.
The Project Manager must provide progress updates to the Finance Department that include:
- Financial status
- Reconciled budget reports
- Fiscal management questions
- Funding agency reporting requirements
Note: It is imperative that all grant funds are spent timely and prudently.
Budget Line Items
Finance will set up the grant budget in the accounting system. Funds will be allocated to accounts and budget line items in accordance with the approved budget. The Project Manager must refer to
8 grant requirements regarding eligible costs and inform the Finance Department. For Federal grants, reference 2CFR 200.430. Allowable costs are subject to the cash or accrual method under the GAAP) and GASB guidelines that the Town follows.
Common grant budget lines include:
- Personnel - Salary and wages paid to employees working part- or full-time on programrelated tasks for the grant (i.e. curriculum development, program implementation, training, etc.).
- Benefits - Medical, dental, life insurance, and other fringe benefits related to staff working on grant programs. Professional development benefits are also included for personnel assigned to the grant fund.
- Travel & Meetings - Includes mileage, transportation, meals, and accommodations for staff attending meetings or training for program-related work. Conference registration fees are included in this category.
- Supplies - Supplies are those items with a cost of less than $500 per unit and a useful life of less than one year. Federal grants define the amount as less than $5,000. Please refer to the Grant Award Notification and the agency’s grant guidelines. - Equipment - Equipment has a cost of more than $500 per unit and a useful life of more than one year. Federal grants define the amount as greater than $5,000. - Contractual Services - Contractual Services are those items provided by non- personnel or companies. Further detail on the different types of contractual services is included in the “Vendors vs. Independent Contractors vs. Sub-recipients” section, below. - Other Expenses - Most costs should fit into one of the above categories if they are directly charged to the grant.
- An indirect cost rate will only be charged to the grant to the extent that is was specifically approved through the grant budget/agreement.
All grant expenditures will be in compliance with the Uniform Guidance, State law, Town Government policy, and the provisions of the grant award agreement will also be considered in determining allowability. Grant funds will only be used for expenditures that are considered reasonable and necessary for the administration of the program. Payroll costs will be documented in accordance with the Uniform Guidance. Specifically, compensation for personal services will be will be handled as set out in §200.430 and compensation for fringe benefits will follow §200.431 of the Uniform Guidance. It is the Town’s policy to follow federal cost principles for federal awards as set forth in OMB Circular No. A-87 “Cost Principles for State, Local, and Indian Tribal Government.”
Approval of Expenditure
Prior to expending funds, the Project Manager should review the costs to ensure they are an allowable expense and directly relate to the grant objectives and are provided for in the grant budget. The Project Manager should approve expenditure based upon their institutional authority.
Evidence of approval should be part of the grant files for all expenditures.
9 Cash Management
The requirements for cash management are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award Most of the Town’s grants are awarded on a reimbursement basis. As such, program costs will be expended and disbursed prior to requesting reimbursement from the grantor agency. If Federal grant funds are received first, care will be taken to minimize the time elapsing between receipt of Federal funds and disbursement to contractors/employees/subrecipients according to §200.302 (6) of the Uniform Guidance.
Cash draws will be initiated by the Program Manager or designee who will determine the appropriate draw amount. Documentation of how this amount was determined will be retained.
Payments and travel costs will be handled in a manner consistent with the Town’s existing Accounts Payable policies and in accordance with §200.305 (payments) and §200.474 (travel costs) of the Uniform Guidance. Also, if program income is received, the Program Manager or designee must ensure those funds are expended before any cash draws are made. The physical draw of cash will be processed in the Town’s finance software or through the means prescribed by the grant agreement for other awards. Supporting documentation or a copy of the cash draw paperwork will be filed along with the approved paperwork described above and retained for audit purposes.
The requirements for program income are found in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award.
In order to ensure compliance with these requirements, Town of Apple Valley has implemented the following policies and procedures:
- Program income will include (but will not be limited to): income from fees for services performed, the use or rental of real or personal property acquired with grant funds, the sale of commodities or items fabricated under a grant agreement, and payments of principal and interest on loans made with grant funds. It will not include interest on grant funds unless otherwise provided in the Federal awarding agency regulations or terms and conditions of the award.
- The Town will allow program income to be used in one of three methods:
o Deducted from outlays
o Added to the project budget
o Used to meet matching requirements
Absent specific guidance in the Federal awarding agency regulations or the terms and - conditions of the award, program income shall be deducted from program outlays. - Program income, when applicable, will be accounted for as a revenue source in the same program code (whether it be division or project in ER) as the Federal grant.
Supplement vs. Supplant
Grant funds must supplement or add to, enhance, expand, increase, extend the programs and services offered with Town funds. Grant funds are not permitted to be used to supplant (take the place of or replace) local funds used to offer those programs and services. Grant funds should increase the overall number of resources available to the Grantee. If an expense was previously
10 paid for with Town funds, it should not be charged to a grant subsequently unless it can be documented that state or local funds have been reduced/eliminated.
Documenting In-Kind, Cost Sharing and Matching
Some funding agencies or grant programs require the grantee institution to demonstrate its financial commitment to the project, or the commitment of other funding sources. This is done by sharing the total project costs through matching or leveraged funds, cost sharing, or in-kind contributions. If included in the grant proposal budget, these financial commitments become a binding requirement of the grant award and costs must be tracked and reported for compliance.
For all federal awards, any cost share, matching funds, or in-kind contributions must be accepted as part of the non-federal entity’s cost sharing or matching when such contributions meet all of the following criteria:
- Verifiable from the non-federal entity’s records;
- Not included as contributions for any other federal award; - Necessary and reasonable for achieving project or program objectives; - Not paid by the federal government, unless required; and - Included in the approved budget.
The Project Manager must work closely with Finance to ensure that in-kind, matching or cost sharing funds are allocable, available, and properly documented. For example, funds cannot be used for match or cost sharing on multiple grants and federal funds cannot be matched with other federal funds. These commitments must be documented in a way that meets audit standards.
Grant Budget Revision
The grant budget approved by the funding agency is a financial plan for achieving the desired outcomes of the grant project. Grant funds may only be expended within the cost categories and amounts identified in the approved grant budget. The approved budget constitutes part of a legal contract. Changes in planned project activities or scope of work may require budget modifications.
Federal and state guidelines are usually flexible enough to allow minor (≤ 10%) line-item variances without prior approval from the program officer unless otherwise stated in the grant policy. If a larger change is anticipated, contact Finance to discuss the changes before making any scope of work changes or spending funds outside of the approved budget.
Finance will work with the Project Manager to determine if the funding agency guidelines allow for the proposed budget change. The Project Manager may need to contact the program officer at the funding agency to discuss the change and to determine the appropriate forms or format for formally requesting the modification.
Upon receipt of the request, the funding agency will review and officially approve or disapprove the change in writing. No budget changes may be made until official, written notification is received.
This process can take several weeks so it is important to adjust as early as possible. The revised budget and copies of the written approval will be maintained in the grant hard file and electronic file.
11 Venders vs. Independent Contractors, vs. Sub-recipients Most vendors are businesses, suppliers, contractors, or subcontractors who sell goods and services to the Town through the purchase requisition process. All vendors interested in doing business with the Town must comply with all business licensing requirements. If a vendor is found to be suspended or debarred, the Town will immediately cease to do business with this vendor.
Independent contractors (including consultants) are entities that receive a contract from the Town and provide goods and services under a procurement relationship within normal business operations. These contractors provide similar goods and services to many different purchasers and normally operate in a competitive environment. In the context of federal grant projects, independent contractors provide goods or services that are ancillary to the operation of a federal grant project and are not subject to compliance requirements of a federal program as a result of the agreement.
A sub-recipient is a non-federal entity that expends federal funds to carry out a part of a federal grant project’s activities, as opposed to providing goods or services (as a contractor) for the benefit of the Town. In a sub-recipient relationship, the Town is considered a pass-through entity (i.e., federal funds are awarded to the Town, which then provides part of those funds to the sub-recipient for performing grant work/activities). Different from vendor or contractor, a sub-recipient is a partner responsible for a portion of the grant’s performance outcomes, and shares in the responsibility for programmatic decision making. In accordance with grant contracts, subrecipients are responsible for compliance with applicable federal flow down clauses and program requirements.
A sub-recipient relationship is established through a sub-award agreement, a contract issued under a larger (prime) grant award for the commitment of specific services or project-related activities that are to be performed by the sub-recipient. Issuance of a sub-award under a federal prime award is subject to compliance with federal law, and all sub-awards are subject to the terms and conditions of the prime grant award and the Town’s purchasing policies. A sub-award does not include payments to a contractor or payments to an individual that is a beneficiary of the federal grant program.
Once the grant is awarded, the Project Manager will determine which partners are eligible to receive federal assistance and will prepare a sub-award agreement. This agreement will define the specifics of the grant work to be completed, the funding agency’s terms and conditions, and Town policies and procedures. Sub-awards are written to assign specific portions of the programmatic effort and the sub-recipient is responsible for managing the technical and administrative aspects of the agreement.
Section 5: Risk, Compliance, Record Keeping and
Reporting
Grant compliance is becoming increasingly important. Federal requirements have expanded for evaluation and monitoring of grant project outcomes, and increased scrutiny of risk management
12 and financial accountability and transparency is codified in the federal Uniform Guidance regulations (i.e., OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200).
The risk management cycle is a framework for continuous discovery, analysis, action, and improvement. Risk mitigation is taking appropriate action to address potential problems, including imposing the appropriate types and levels of requirements and providing appropriate types of monitoring and levels of technical assistance. Monitoring is the process followed to assess how well a grant is implemented, achieving program objectives, and complying with requirements, terms, and conditions.
Grantees who allocate sub-awards of federal funds to sub-recipients as pass-through entities must:
- Assess the risk of subrecipients;
- Maintain strong internal controls for managing sub-awards; - Communicate with federal program staff and with sub-recipients; - Document all activities; and
- Monitor sub-awards to ensure sub-recipients are spending grant funds appropriately and in compliance with the award and all regulations.
When monitoring subrecipients, the pass-through entity must:
- Review reports required by the pass-through entity;
- Ensure sub-recipients take appropriate action on deficiencies identified through audits, on-site monitoring, and other reviews;
- Issue a management decision for single-audit findings pertaining to the federal award; and - Verify audits of sub-awards.
Record Keeping Requirements
Grant record keeping requirements may vary substantially from one granting agency to another.
Consequently, a clear understanding of these grant requirements at the beginning of the grant process is vital. The Program Manager within a department applying for a grant will maintain copies of all grant draw requests, and approved grant agreements (including budgets). It is the responsibility of the Program Manager to comply with all current and post grant requirements.
Project Manager will follow the GMP records management retention section of this document and shall maintain a grant and contract management file of documentation and contract materials at all reasonable times during the entire project period and for three (3) years from the date of submission of the final invoice.
Required Reporting
Reporting requirements and due dates are specified in the grant contract and a reporting schedule is formalized at the kick-off meeting. Most funding agencies require monthly, quarterly, and/or annual progress and financial reporting.
Note: Caltrans requires submittal of invoices at least every 6 months.
13 Financial Reports
Financial reports are prepared by Finance. Finance will report on the budget expended to date and any in-kind or matching dollars. Financial reports will be reviewed and approved by the Project Manager prior to submitting to the funding agency. Electronic submissions, through portals such as IDIS, will be submitted by the Town Manager or its designee.
Narrative/ Progress Reports
The Project Manager is responsible for preparing narrative reports. Reports should conform to funding agency guidelines and use technical report writing standards. A report narrative usually requires responses to each of the proposed outcomes, including status updates on progress toward each grant activity, objective, and milestone. Outcomes that are not accomplished as scheduled during the reporting period should be clearly explained and any challenges should be described along with the solution.
Comments should be substantiated and fully supported by evaluation data, research, and statistics. The Project Manager should plan adequate time for collection and analysis of institutional project data, when needed for reports. Reports may also include charts, graphs, or other representations of data pertaining the project and delivery of services.
Audit Workpapers
The Town’s external auditors audit all grants at the end of each fiscal year. The department who obtained the grant, in consultation with the Finance Department, will prepare the required audit workpapers (if any). These will then need to be sent to the Director of Finance or his/her designee within a reasonable time following year end.
Single Audit
The Town is subject to the financial and compliance requirements of the Single Audit Act of 1984, which is applicable to all local and state governments expending more that $750,000 in federal financial assistance during a fiscal year. The Act seeks to: (1) improve the financial management and accountability of state and local governments with respect to federal financial assistance programs, (2) establish uniform requirements for audits of federal grants, (3) promote efficient and effective use of audit resources, and assure that federal departments and agencies rely upon and use audit work performed during a single audit rather than performing the audit work themselves.
Under this Act, federal grants are included under an inclusive single audit program that is incorporated into the Town's annual audit and financial report preparation process. During the audit, tests are made to determine the adequacy of the internal control structure, including that portion related to federal financial assistance programs, as well as to determine that the Town has complied with applicable laws and regulations.
Programmatic Changes
All programmatic changes must be discussed with the Finance. The Project Manager will contact the program officer to discuss the potential changes needed and complete the forms required by the funding agency to request a formal grant modification and budget amendment, if required.
Personnel Changes
14 During the life of the grant it may be necessary to change grant-funded personnel, key personnel listed in the grant, or to adjust salary rates. Most funding agencies have established strict procedures for requesting prior approval of personnel changes which are incorporated into the terms and conditions of the grant contract. Finance will work with the Project Manager and provide technical assistance in obtaining approval from the funding agency.
Changes in Project Scope:
Substantive changes in the scope, objectives, or goals of a project, whether they impact the budget, typically require written approval from the funding agency’s program officer. Some examples that would require written approval include changing the performance location, training activities, or monitoring plans. In most cases, a fully substantiated written justification for the changes will be required to request the changes. The Project Manager is responsible for obtaining the written approval from the funding agency.
No-cost Extension
A no-cost extension is a request to extend the end date of the project beyond the previously approved end date and for which no additional funds are needed beyond what was originally awarded. The Project Manager is responsible for knowing the deadline for submitting a no-cost extension request. Some programs do not allow no-cost extensions. Simply having remaining funds at the end of the grant period is not sufficient justification for a no-cost extension.
Compliance
As stewards of external grant funds, the Town must ensure that project implementation is on track.
By monitoring the progress of grant activities and ensuring compliance with regulations, the Town is working to secure strong relationships with funding agencies and other grant makers and focusing on accessing future funding opportunities.
Project Managers will schedule monthly or quarterly compliance reviews to review progress, both programmatically and financially, and address any issues. The frequency of these reviews will be determined based on the complexity of the grant and the grant management experience of the Project Manager. These reviews allow Finance to support Project Manager in successfully managing their grant projects.
Section 6: Project Evaluation
The evaluation is a key aspect of any project and evaluation plans becoming a heavily weighted criterion in grant proposals. The evaluation informs progress toward the achievement of objectives, the effectiveness of methods, and whether processes, strategies, or tactics require adjustment during the grant period. Expectations for rigor and quality of evaluation plans have increased in recent years across all funding agencies/organizations, so it is critical to keep in mind that evaluation must be an ongoing process throughout the life of the grant-funded project. The Project Manager must be familiar with reporting schedules and be prepared to implement routine data collection and analysis as primary project activities. There are many approaches to project
15 evaluation with the two most common being programmatic assessment and administrative assessment.
Programmatic assessment addresses the following questions:
- Is the project meeting the specific goals, objectives, and outcomes listed in the grant proposal?
- Is the project meeting the overall requirements and objectives of the grant program? - Is the project programmatically compliant?
Administrative assessment addresses the following types of questions:
- Is the project meeting its milestones and deliverables? - Do the expenditures correspond to the original budget? - Are reports vouchers submitted correctly and on time? Funding agencies may conduct several types of program monitoring activities, including but not limited to the following:
- Basic mandatory monitoring which includes the review of performance and progress reports and financial reports, along with final cumulative reports at closeout, vouchers and budget changes, data submissions as requested, and ongoing communications with the grantee.
- Periodic on-site monitoring such as program reviews, process reviews, general onsite observations, file reviews, and programmatic and operational reviews.
The following list, while not all encompassing, describes the primary steps for ensuring a comprehensive project/program evaluation.
1) Know the expectations of the project. Review goals, objectives, strategies, milestones, deliverables, outcomes and work plans. Scrutinize the performance measures and indicators and carefully plan the tools and resources that will be used for collecting and storing data, when data collection will occur, and how the data will be analyzed. 2) Finalize data collection methods. Determine what data is needed to show progress toward objectives using performance indicators; plan to collect qualitative and quantitative data from existing or new sources; identify how and where data will be entered and safely stored; and create plans to periodically pull and analyze data for reports and ongoing project improvement.
3) Engage stakeholders. If the proposed evaluation plan included input from a stakeholder group or steering committee, now is the time to formally establish the group and begin communication. Create opportunities for partners and stakeholders to engage in the evaluation process as well as identify solutions to the findings. Create a feedback loop throughout the process for interim findings and recommendations. 4) Initiate data collection. Begin to systematically gather and enter data into a secure database.
5) Analyze the data. Prepare and implement plans to analyze data for reports and continuous improvement, including sharing results with stakeholders and partners.
Compile data and prepare reports.
16 6) Monitor the budget. Review budget expenditures and modifications; ensure that financial reports are submitted on time.
7) Develop plan for disseminating results. Document and disseminate the results and lessons learned via customized communications that meet the specific needs of stakeholder groups. Findings should be considered in decisions or actions that affect the project. Schedule follow-up meetings with report users to make sure the findings are communicated and used appropriately in decision making.
Section 7: Grant Closeout
Grant closeout is the process by which the Project Manager and Finance determine that all requirements of the grant contract agreement between the funding agency and the Town have been completed in accordance with the terms and conditions of the agreement. Finishing a grant project is just as important as starting one. Closing out a grant project involves making sure that all grant contract activities have been completed and funding has been exhausted.
Closeout of the grant does not cancel any requirements for property accountability, record retention, or financial accountability. Following closeout, the Town remains obligated to return any unexpended funds due to the agency and the sponsor/funding agency may recover amounts based on the results of an audit covering any part of the grant period.
It is highly recommended that the Program Manager create a Grant Closeout Checklist at least six months prior to the end date of the grant project. Upon closeout, all grant documents and files should retain for the applicable retention period.
Note: Closeout process shall begin 60 days of grant end date.
In many cases, the way closeout procedures are managed, such as timely submission of final reports and the quality of those reports, can have a direct impact on the chances for future funding.
There are seven grant management items that need particular attention at the closeout of a funded project: pre-closeout activities, budget, personnel, purchasing activities, files, final reports, and document storage/retention period.
Area Process
Pre-Closeout Meeting The Project Manager will contact Finance at least 2 months prior to the end of the grant.
Budget Review encumbrances and liquidate those no longer needed. Accounts will be closed soon after the grant’s end date.
Personnel Submit any payroll changes for staff members to other budget accounts or to the new grant budget account assigned to a continuing grant.
Purchasing Ensure all goods and services have been received prior to the end of the grant although payment can occur soon after the end of the grant period.
Grant Files Review all grant documents, personnel records, purchase order and requisitions, and budget agency.
Final Reports Follow the guidelines and requirements for all final reports, as provided by the funding agency. Program Manager to maintain schedule on any post grant reporting.
Document Storage Plan to have all grant files transferred to storage and retained for the retention policy.
17 Final Reporting
Grant closeout also includes the preparation and submission of final programmatic/technical reports as well as financial reports. Some funding agencies or sponsors have required forms that must be used. All final reports should be submitted to Finance for review and submittal to the funding agency.
Records Management
In alignment with Record Keeping Requirements, The Town adheres to Federal rules pertaining to retention requirements for grant agreements. As a general rule, all grant files must be retained for a period of at least three (3) years. More specifically, 2 CFR 200.333 states the following:
Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient.
Federal awarding agencies and pass-through entities must not impose any other record retention requirements upon non-Federal entities. The only exceptions are the following:
(a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
(b) When the non-Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period.
(c) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition.
(d) When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the non-Federal entity. (e) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. (f) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates).
(1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass-through entity) to form the basis for
18 negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission.
(2) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass-through entity) for negotiation purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation.
Section 8: Compliance, Audits, and Audit Readiness
Compliance
Grant compliance is the cornerstone of grants management. Once a grant award is accepted, the Town accepts formal, legal responsibility to follow the rules and regulations of the grant including requirements stated in the original request for proposal, the notification of award, and any other supplemental documentation, including the budget. Failure to comply with the terms and conditions could result in a finding of noncompliance and result in the following:
- The Town could be labeled as a high-risk grantee, which could result in suspension or termination of current grant projects, and/or impact the Town’s eligibility for future grant funding;
- Cash payments/reimbursements may be withheld until any given deficiency is corrected; - All or part of the costs for project activity or action that is not in compliance may be disallowed, meaning the Town would have to reimburse the funding agency for disallowed costs;
- Future awards for the project may be withheld; and/or - Other legal remedies may be imposed.
Additionally, the Town may be disbarred, suspended, or excluded from managing federal awards and subawards for mismanagement or misuse of grant funds.
Audit Readiness
An important thing for Project Managers to remember is that all grant project records are subject to internal and external audits. When organizations receive external grant funds, particularly state or federal funds, they are responsible for using those funds in accordance with laws and regulations.
Recipients must use fiscal control and accounting procedures to ensure proper disbursement of and accounting for these funds. The effective management of public and private funds should be the result of ongoing activities that ensure audit readiness, such as:
- Administrative controls: Internal policies and procedures an organization follows as part of its normal business operations.
- Accounting controls: Internal policies and procedures that protect an organization’s finances and financial records.
- Compliance with Federal, state, and grant program requirements: Adherence to laws and regulations related to reporting of financial status, treatment of grant-related
19 income, eligibility of participants, monitoring of activities, allowability of charges, and direct and indirect cost allocations.
- Records: Should include information adequate to support statements in the proposal and should be retained for the required period of time. - Internal audits: May be requested by the funding agency to assist in determining the adequacy of controls and systems.
Section 9: Additional Guidance
The Town wants all Program Managers to be successful in managing the grant awarded to the Town.
While this handbook cannot contain information or guidance for every situation, the intent is that it provides overviews of the regulations that govern grants, best practices for successful grant management, guidance for navigating processes, and tips for efficient and effective management.
On-site Monitoring Visits
It is possible that during the life of the grant, the grant funding agency will conduct an on-site visit.
These can be both programmatic and financial. If the Program Manager is notified of an upcoming agency monitoring visit, the Department Manager, Finance Director, Assistant Town Manager, and Town Manager must be notified immediately.
Conflict of Interest
The Town requires that individuals involved in procuring goods and services for a grant be free of any conflicts of interest. Conflict may arise when an employee, officer, agent any member of the immediate family has a financial interest in the contract. Contractors who assist in the development or draft the grant application must be excluded from bidding to compete for the award. Individuals must disclose any conflicts of interest that exist to the awarding agency. The Finance Department can assist individuals at the Town with this process.
Disseminating Project Results
One of the final activities to consider as the grant-funded project comes to an end is how the grant project team will disseminate the evaluation results or capture lessons learned in a way that will inform ongoing practices. The proposal may have included a dissemination plan that outlined when, how, and with whom this information would be shared. Be sure to revisit this plan to ensure that the stated information is sent to the appropriate individuals, organizations, or publications. It is also important to consider opportunities to schedule presentations based on the project results or lessons learned at local, regional, and national meetings and conferences. This further promotes the Town’s and the good work being done here to improve the quality of life. In some cases, it may be necessary, per the grant contract, to disseminate or make specific work products publicly available. Be sure to credit the grant funding agency as appropriate and where required when creating materials for public dissemination. Frequently, specific language is required by the grant funding agency to be included in any publications or materials generated from the award. Check with Communications if you have any questions about publicly disseminating grant-related work.
20 If the proposal did not include a dissemination plan or the grant contract did not prohibit the dissemination of results, the grant project results may be distributed to appropriate professional organizations and publications, shared at council meetings, or other means. At a minimum, project results should be submitted to the funding agency, Town staff, and partner organizations that were involved with the project.
Section 10: Special Grants
Department of Transportation (Caltrans) Grants
Certain grants will have additional regulations that must be followed in order to be compliant with the granting agency. For example, Department of Transportation provides specific contract and procurement requirements.
The federal government has delegated the California Department of Transportation (Caltrans) the authority to administer funds to local agencies through the Local Assistance Program. Caltrans requires local agencies to adopt the policies and procedures outlined in Chapter 10(Consultant Selection) of the LAMP as the process to be followed by staff.
If the division has received funding from Caltrans, the Program Manager must:
1. Attend the Local Agency A&E Contract Procurement Training https://www.youtube.com/watch?v=CtJGAzh1iJc&feature=youtube.
2. Review the Local Assistance Procedures Manual, including Chapter 10: Consultant Selection and A&E Boilerplate Agreement Language
The Project Manager for any Caltrans grant is responsible for:
1. Contract negotiation, consultant performance evaluation, and submitting invoices to Finance for payment.
a. Exhibit 10-R A&E Boilerplate Agreement Language is used on all consultant contracts utilizing DOT funds.
b. Required contract provisions from the Master Agreement are included in future consultant contracts and adequate documentation of any deviations are maintained. c. Required language is included in the Request for Proposal and contract provisions that require the consultants and sub-consultants to identify the key personnel staff by name and classification in their cost proposals and consultant invoices. d. The PM must ensure key personnel are identified in consultant invoices by name and their costs are authorized in the executed contract.
2. Being familiar with the contract requirements, scope of services, and products to be produced.
3. Being familiar with the qualifications of the consultant's staff & changes in key personnel.
4. Attending progress & project review meetings, to ensure project delivery according to schedule milestones.
21 5. Ensuring consultant costs billed are allowable and consistent with the contract terms. a. Reimbursements to consultants are consistent with terms of the executed contract including, but not limited to travel reimbursement and labor rates b. Consultant billing rates are detailed to include the cost breakdown of labor, fringe benefits and indirect costs included in the submitted consultant proposal or as negotiated with the most highly qualified consultant.
6. Evaluating and participating in decisions for contract modifications. a. Any modifications to the contract for personnel substitutions, labor rates, and/or any other cost proposal changes must be:
i. Agreed upon by the Town and the consultant.
ii. Documented prior to reimbursement for these changes to the executed or amended contract.
7. Documenting contract monitoring activities and maintaining supporting contract records, as specified in 2 CFR 200.333
8. Project Manager will follow the GMP records management retention section of this document and shall maintain a grant and contract management file of documentation and contract materials at all reasonable times during the entire project period and for three (3) years from the date of submission of the final invoice.
U.S. Department of Housing and Urban Development Grants The Department of Housing and Urban Development is the Federal agency responsible for national policy and programs that address America's housing needs, that improve and develop the Nation's communities, and enforce fair housing laws. HUD's business is helping create a decent home and suitable living environment.
The primary programs administered by HUD include:
- Mortgage and loan insurance through the Federal Housing Administration - Community Development Block Grants (CDBG) to help communities with economic development, job opportunities and housing rehabilitation; - HOME Investment Partnership Act block grants to develop and support affordable housing for low-income residents;
- Rental assistance in the form of Section 8 certificates or vouchers for low-income households;
- Public or subsidized housing for low-income individuals and families; - Homeless assistance provided through local communities and faith-based and other nonprofit organizations;
- Fair housing public education and enforcement.
Federal requirements for HUD-funded projects, including access and use of the Integrated Disbursement and Information System (IDIS), must be followed under Title 24 of the Code of Federal Regulation. The Program Manager is required to follow the Grant Management Policy along with the federal requirements detailed in the grant agreement. This includes but is not limited to
22 grant implementation, procurement, budget amendments, sub-recipient awards, monitoring, reporting, retention, and compliance measures. The Program Manager will see guidance, if needed, from the Town’s assigned Community Planning Development (CPD) representative.
Integrated Disbursement and Information System (IDIS)
As a nationwide database, the Integrated Disbursement, and Information System (IDIS) provides HUD with current information regarding the program activities underway across the Nation, including funding data. HUD uses this information to report to Congress and to monitor grantees.
IDIS is the draw down and reporting system for the five CPD formula grant programs.
The Town Manager or its designee must provide access to users by completing HUD Form 27055 and submitting the form to CPD headquarters.
to the council through the Annual Action Plan report, which is approved by the council and submitted to HUD by May 15 of the prior program year.
23 Section 11: Glossary
501(c)3: Section of the IRS Code that authorizes and defines most tax-exempt organizations, which must be organized and operated for a public purpose. 501(c)3 is the most common type of nonprofit designation.
Activities (developmental vs. operational): developmental activities are those that use innovative approaches to solve an institutional problem. Operational activities are those that are performed in the course of normal everyday Town business.
Administrative Fees/Overhead: Portion of a grant or contract that may be used for nonprogrammatic costs, sometimes unallowable or with limits set by the funder as a percentage of the total grant. (See also Indirect Costs).
Allowable Cost: A cost for which an institution or agency may be reimbursed under a grant or contract with a government agency.
Amendment: Modification of an existing grant or contract agreement. Must be in writing.
Appropriations: Federal or State congressional legislation that approves spending for a particular agency or group of agencies.
Audit: Detailed financial analysis performed by an independent accounting firm at the end of the institution’s fiscal year. Can also be conducted by a federal or state funding agency at the end of a grant project period. Program audits are also sometimes required by the funder to ensure outcomes were achieved and money was spent in accordance with the grant agreement.
Authorized Organizational Representative (AOR): Member of organization authorized to submit applications in Grants.gov on behalf of the organization.
Award: Financial assistance that provides support to accomplish the program or public purpose.
Award Letter: Written notification from the funding agency indicating that a project has been funded.
Best Practices: Theories and activities within a given field that have been demonstrated to be successful in addressing issues or needs in the field. These programs, processes, or services have been tested and can be replicated.
Block Grants: Funds distributed by the federal government to state and local governments for broad purposes allocated based on population (e.g., community development block grants - CDBG).
Boilerplate Language: Standard narratives about an organization, program, or service that is kept on file to be easily pasted into a proposal or grant application with only minor modification/adaptation needed.
Budget: Fiscal plan for entire organization, specific program, or specific project that includes an itemized list of projected revenues (income) and expenses. Generally created on an annual basis for organizations and for the entire project period for a grant.
24 Budget Modification: Formal change in the allocation of grant funding when a deviation from the grant budget approved by the funder is needed. Any deviation from the approved grant budget requires formal approval from the funder. The percentage of allowed deviation is generally stated in the grant agreement.
Budget Narrative: Detailed description of each line item included in the proposed grant budget.
Describes how the amount was calculated and how it supports the program. All budget items should support the activities described in the scope of work.
Cage Code: Five-character code which identifies companies doing business with the federal government and is assigned through SAM.
Capacity: The organization’s ability to effectively manage a grant, to have the requisite resources and institutional support, and to ensure that the program is implemented successfully. This can include grant management experience, subject matter expertise, staffing, fiscal systems, space, equipment, and other assets needed to support the grant.
Capital Funding: Grant or budget to assist in construction or renovation of building(s) or space(s) in a building, or the acquisition of equipment (valued at $10,000 or more with a life span greater than one year).
Catalog of Federal Domestic Assistance (CFDA): Resource listing all new, existing, and past federal programs. Each federal grant has an CFDA number assigned to it and is required on the Standard Form 424, the cover sheet for federal proposals.
Challenge Grant: Grant offered by a funder to encourage other grant makers or individuals to support a particular program. These funds are only received if the other funds are obtained.
Community-based Organization (CBO): Non-profit groups that work at the local level to improve life for the residents.
Community Foundation: Foundation established for the purpose of managing funds for the benefit of a community in which it functions.
Competitive Grant: Grant award by a government agency or private funder through a competitive application process. Proposals or applications are submitted in response to a Request for Proposals (RFP) or a Notice of Funding Opportunity (NOFO) and are scored according to established evaluation criteria.
Conflict of Interest: When two or more contradictory interests relate to an activity by an individual or organization. Situations in which financial or other personal considerations may compromise or have the appearance of compromising an individual’s judgement in conducting work or research.
Corporate Foundation: Foundation that is separate and independent of a company established solely for charitable purposes. Maintains close ties with the parent company and giving usually reflects the company’s interests.
Cost Sharing/Matching: Portion of project costs not paid by federal funds. Can be value of allowable third-party in-kind contributions or expenditures of awardee.
25 Demonstration Project/Grant: Project designed and funded to determine the viability of a new idea, program, or service. Can test and measure the effects of new programs or program changes in a real-world environment.
Determination Letter: Letter from the IRS affirming that an organization is eligible for tax-exempt status.
Direct Costs: All budget items that directly support the work of the project and are allowable and allocable in accordance with the grant agreement and approved budget.
Discretionary Grants: Funds awarded on the basis of a competitive process. Awardee is selected based on merit and eligibility.
DUNS Number: Data Universal Numbering System number assigned by Dun & Bradstreet to every organization that applies for a grant. Required for all federal grant applications.
Eligibility Guidelines: Requirements the applicant must meet as defined by the funder in order to be eligible to apply for a specific grant.
Employer Identification Number (EIN): Unique identification number assigned by the IRS to a business entity. Also known as a Tax Identification Number (TIN).
Evaluation Plan: An integral part of a proposal that describes a systematic process for gathering, analyzing, and reporting information about a program. A detailed plan for measuring a project’s or program’s effectiveness and impact on participants.
Federal Register: Federal government publication in which grant announcements (NOFAs, FOAs, RFAs, RFPs, or SGAs), rules and regulations, and other notices are published.
Fiscal Year (FY): 12-month period of operation of an organization under its annual budget. The Town has a fiscal year running from July 1 to June 30 each year and the federal government’s is October 1 to September 30. Fiscal year is designated by the year in which the fiscal year ends.
Form 990: IRS form entitled Return of Organization Exempt from Income Tax which must be filed annually by tax exempt organizations. Provides overview of organization’s activities, governance, and detailed financial information.
Formula Grants (also known as entitlement grants): Federal government funding provided to states and major municipalities based on a formula that accounts for number of individuals entitled to that funding. Could be based on total population or individuals in a specific category such as elderly, disabled, youth, etc.
General Operating Funds: Funding for the organization as a whole for any purpose that furthers the mission of the organization. Funding for costs that cannot be allocated to a specific project or program. Also called unrestricted funds or administrative overhead.
Governmental Institution: Designation given to an institution acting as an instrumentality of a governmental unit.
Grant: Award of money, or sometimes goods or services, to accomplish a specific purpose defined by the funder to be carried out by the grantee.
26 Grant Project Administrator: Project Manager identified by the Town to manage a grant in accordance with the grant agreement.
Grant Agreement: Legally binding document that states funder’s requirements, terms, and conditions. Once signed by both parties, the funder and the Town are legally bound to those legal terms and conditions. Changes to these term and conditions must be in writing.
Grant Allocation: Federal Grants issued by the US Department of Housing and Urban Development provide predetermined percentage allocations for budget purposes. The yearly budget is presented to the council through the Annual Action Plan report, which is approved by the council and submitted to HUD by May 15 of the prior program year.
Grant Budgets: Most grants require the submission of an expenditure budget. The department head should review this portion of the grant request prior to submission. The Director of Finance or his/her designee will need to be contacted regarding personnel projections.
GAN: Grant Agreement Number
Grant Guidelines: Funder’s official instructions for applying for a grant laid out in the forms of NOFAs, FOAs, RFAs, RFPs, or SGAs. Details components of grant proposal or application that must be included to be considered responsive and viable.
Grant maker: Entity that provides grants. Can include government agencies, foundations, associations, and corporations.
Grants.gov: A common website for federal agencies to post discretionary funding opportunities and for grantees to find and apply for them.
Impact Statement: Demonstrates how the work will make a difference in the lives of people and communities.
Indirect Costs: Costs that are incurred for common or joint objectives and cannot be readily identified with a particular final cost objective. Many funders limit the Percentage of total program costs allowable to pay for overhead. (See also Administrative Overhead) In-kind Contribution: Goods or services that are donated to an organization in support of a project or program. In-kind contributions should be identified in the budget as in-kind and described in the budget narrative. In-kind can be used as matching funds in some cases.
Institutionalization: Permanent or long-term support for or absorption of a specific program or service by the institution in order to sustain it after the grant funding has ended.
Key Staff/Personnel: Administrators and/or staff who are critical to implementation and management of a specific project/grant. Contribute to the execution of a project in a substantive, measurable way, regardless if they are directly funded by the grant. Any change in key personnel named in the grant agreement should be communicated to the funder immediately.
Kickoff Meeting: First meeting of the grant project team (and sometimes the funder) to have an open discussion regarding the details of the grant and project. Project Manager will answer any
27 questions regarding processes or procedures, discuss budget and reporting requirements, and ensure all roles and responsibilities are defined and understood.
Legislative Approval: The point at which legislative approval is required is determined by the requirements of the grant program. If the grant must be submitted by “an individual authorized by the legislative body”, then Council approval is required prior to submitting the application. If such legislative approval is not specifically required by the written terms of the grant, then the department head may, at his or her discretion, approve grant applications. In this case, a copy of the application shall be sent to the Finance Department. If an award is given, a copy of the agreement shall also be furnished to the Finance Department. Electronic copies are preferable.
Letter of Intent (LOI): Preliminary, non-binding indication of an organization’s intent to submit an application or proposal.
Letter of Inquiry (LOI): Proposal letter to introduce the organization, project idea, and proposed budget in an effort to get an invitation to submit a full proposal.
Letters of Support: Letters included in a grant proposal describing the support of the project from legislators or external organizations (e.g., local industry, community organizations, other colleges or universities, small businesses).
Local Assistance Procedures Manual (LAMP): Assistance provided by Caltrans for all DOT grants Match (or Matching Funds): Amount or percentage of total budget that a funder may require an applicant to commit to the program, if funded. Match can be in-kind contributions, case, or a combination of both.
Memorandum of Understanding (MOU): Agreement signed by authorized representatives of each organization or from each partner of a project that specifies the activities and services that each organization will perform and the expectations/responsibilities that each organization has from the grant project. Also can be a Memorandum of Agreement (MOA).
Needs Assessment: Systematic process for gathering qualitative and/or qualitative data and documentation used to identify needs, gaps, and solutions to get an organization from a state of “what is” to a state of “what should be.” There are a variety of needs assessments conducted at the Town, including Housing Needs Assessment, Program Needs Assessments, etc.
Needs Statement (Problem Statement): Section of a grant proposal that defines the issues, needs, or problems, that a program will address. Proposals to government agencies generally require greater documentation and data to document the problem. Includes research from the field.
Non-federal Entity: State, local government, Indian tribe, or nonprofit organization that carries out a Federal award as a recipient or subrecipient.
Notice of Funding Availability (NOFA): Formal, published announcement made by a funder (generally a government agency) of a funding opportunity for a specific program identified in the NOFA. Also called a Notice of Funding Opportunity (NOFO), Request for Proposals (RFP), or Request for Application (ROA).
28 Objectives: Clearly defined and measurable results (outcomes) that a project or program is expected to achieve.
Outcomes: Intended, measurable results of a project or program.
Outcome Evaluation: Process of determining whether and to what extent a project or program achieved its results. Generally accomplished through quantitative research methods.
Pass-through Entity: Non-federal entity that provides a subaward to a subrecipient to carry out part of a Federal grant program.
Process Evaluation: Application of research methods, generally qualitative, to determine if a program was implemented the way it was intended to be implemented. Provides feedback to program managers to take corrective action. Also called Formative Evaluation.
Program Evaluation: Systematic process for analyzing indicators and documenting whether or not a program has achieved its objectives or intended outcomes. Complexity is dependent on funder’s requirements.
Program Officer (Grants Officer): Staff member of funding organization who receives grant proposals and processes applications for a government agency or foundation.
Project Period (Performance Period): Length of time of the grant-funded project approved by the funder.
Request for Proposal (RFP): Document issued by funding agency inviting eligible organizations to submit a proposal for a specific funding opportunity. Seen more in federal contracts than federal grants. Also called Request for Application (RFA), Request for Quote (RFQ), or a Solicitation.
SAM Cage Code: Five-character ID number used extensively within the Federal government. It is assigned to identify a given legal entity at a specific location.
Seed Grant: Grant funds used to start a new project or program.
Site Visit: On-site visit by a funding agency that is considering the Town for a grant which allows the agency to assess the information contained in the proposal and to ask additional questions to determine capability of the Town to perform the work of the grant.
Subrecipient: Non-federal entity that receives a subaward from a pass-through entity to carry out a part of a Federal program, but does not include an individual that is a beneficiary of such program.
Supplanting: Using grant funds to pay for ongoing activities already budgeted for or for the usual activities assigned to a position. Supplanting is not allowed.
System for Award Management (SAM): Federal government database that validates applicant information and electronically shares the secure and encrypted data with federal agencies’ finance office to facilitate paperless payments through EFT. Stores organizational information allowing Grants.gov to verify organizational identity and to pre-fill organizational information on grant applications.
Town Council Agenda Report
Date: March 25, 2025
To: Honorable Mayor and Town Council
Subject: SUBSTANTIAL AMENDMENT TO THE 2020-2021 ACTION PLAN From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Supervisor Housing and Community Development Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
It is recommended that the Town Council:
A. Conduct a public hearing and upon accepting public testimony.
B. Approve the Substantial Amendment to the 2020-2021 Annual Action Plan (“Action Plan”) by repurposing $59,118.00 in Community Development Block Grant Coronavirus (CDBG-CV) funds appropriated under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, Public Law 116-136, for the U.S.
Department of Housing and Urban Development (HUD) to activities that prevent, prepare for, and respond to Coronavirus (COVID-19).
C. Create an account under the 2120 CDBG Account Fund for the James Woody Facilities COVID-19 HVAC Filtration System Project in the amount of $59,118.00.
D. Authorize the Town Manager, or their designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plan, and any additional amendments, to assure the Town’s timely expenditure of CDBG-CV funds.
BACKGROUND
The Town is an entitlement Grantee that participates in the Community Development Block Grant (CDBG) Program and receives CDBG funds on an annual basis from HUD.
On March 27, 2020, the president of the United States signed into order the CARES Act which appropriated approximately $2.2 trillion to various programs to prevent, prepare
for, and respond to the COVID-19 pandemic. Through this enactment, $5 billion dollars were appropriated in CDBG-CV funds to be allocated amongst various jurisdictions, including direct entitlements of CDBG funds, to effectively address the impact of COVID19, especially for low- and moderate-income persons. Although the CDBG-CV funds are separate and distinct from the Town’s CDBG funds, they must still comply with the regulations under 2 CFR § 200, 24 CFR § 570 and the flexibilities identified in the CARES Act and the Federal Register Notice (FRN) 6218-N-01.
In accordance with the Town’s Citizen Participation Plan and the requirements of the CARES Act and FRN, a Substantial Amendment to the Action Plan is required when a “substantial” change is proposed to funding priorities, elimination or addition of activities not previously identified in the Action Plan, and changes to the goals and objectives. This substantial amendment to the Action Plan is necessary because the Town is proposing to repurpose $59,118.00 in CDBG-CV funds, previously allocated to the Town’s CV Administration activity, to the Town’s newly proposed James Woody Facilities COVID-19 HVAC Filtration System Project.
ANALYSIS
The distribution of CDBG-CV funds must be directed to activities that prevent, prepare for, and respond to COVID-19. In consultation with the Town departments, the Housing and Community Development Department is proposing the following repurposing of CDBG-CV funds for Town Council approval.
Program Year/ Activity Title Existing
Budget
New
Budget Difference
Decrease Funding
CDBG-CV Administration $78,108 $18,990 ($59,118)
Subtotal ($59,118)
Increase Funding
James Woody Facilities COVID-19 HVAC Filtration
System Project $0 $59,118 $59,118
Subtotal $59,118
Table 1: Proposed Activity Budget
James Woody Facilities COVID-19 HVAC Filtration System Project The project will include the installation of new HVAC and filtration systems at multiple buildings located at James Woody Park. The new systems will purify and eliminate infectious pathogens, including COVID-19, with the ultimate goal of mitigating the risk of disease transmission.
FISCAL IMPACT
All CDBG-CV funds impacted by the Substantial Amendment have previously been awarded to the Town and budgeted for the activities in the Action Plan.
The repurposing of $59,118.00 will ensure that the Town’s CDBG-CV funds are utilized to improve the quality of life for Town residents by preventing, preparing for, and responding to COVID-19. The Town Council’s approval of the recommended action adopts the Substantial Amendment to the Action Plan thereby allocating those resources into the CDBG-CV budget.
ATTACHMENTS
A. Substantial Amendment to the Action Plan
TOWN OF APPLE VALLEY
2020-21 ACTION PLAN
SUBSTANTIAL AMENDMENT
Repurposing of Community Development Block
Grant – CARES Act (CDBG-CV) to respond to
COVID-19
DRAFT FOR PUBLIC COMMENT PERIOD
March 20, 2025 – March 25, 2025
Draft Substantial Amendment – for public review
Annual Action Plan APPLE VALLEY
OMB Control No: 2506-0117
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Draft Substantial Amendment – for public review
Annual Action Plan APPLE VALLEY
OMB Control No: 2506-0117
Table of Contents
EXECUTIVE SUMMARY ...........................................................................................................................................1 PROCESS..................................................................................................................................................................1 EXPECTED RESOURCES – 91.220(C)(1,2)........................................................................................................3 ANNUAL GOALS AND OBJECTIVES – 91.220(C)(3)..........................................................................................4 PROJECTS – 91.220(D)........................................................................................................................................5
Draft Substantial Amendment – for public review
Annual Action Plan APPLE VALLEY Pg. 1
OMB Control No: 2506-0117
EXECUTIVE SUMMARY
Background
Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the President signed it on March 27, 2020, authorizing $2.2 trillion in a variety of stimulus measures to prevent, prepare for, and respond to the COVID-19 pandemic. The law includes a special allocation of the Community Development Block Grant (CDBG-CV) to enable communities to effectively address the impact of COVID-19, especially for low- and moderate-income residents.
These funds are separate and distinct from the Town’s formula CDBG funds and must comply with the requirements summarized in 24 CFR § 570 and the flexibilities authorized in the CARES Act and summarized in Federal Register Notice 6218-N-01.
Sources
The Town of Apple Valley received a total of $678,423 in CDBG-CV program funds. As of the date of this document, the Town has expended a total of $619,305 of these dollars. The balance of $59,118 is proposed to be reprogrammed in this substantial amendment to address COVID19. The Town Council is responsible for determining how CDBG-CV funds will be used to prevent, prepare, and respond to the COVID-19. In consultation with the Town Council, Town departments, and partners serving the needs of low- and moderate-income in the community, this submission to the Town Council requests approval to invest the balance of $59,118 in CDBG-CV funds for the project listed below.
Proposed Project to Address COVID-19
James Woody Facilities COVID-19 HVAC Filtration System: $59,118
PROCESS
Given the urgency to design and launch programs with the CDBG-CV allocation, the CARES Act authorized grantees with the flexibility of providing a 5-day public review period such that residents are provided with reasonable notice of the amendment for the proposed use of the CDBG-CV funds.
As such, the Town is conducting an abbreviated review period for this substantial amendment from March 20 – March 25, 2025. The Town will conduct a public hearing for the substantial amendment as part of the March 25, 2025, Town Council meeting.
To encourage review and comment on the proposed activities, the Town published notices in English and Spanish in the Valleywide Newspaper on Friday, March 7, 2025, advertising the substantial amendment in compliance with the Town’s Citizen Participation Plan. An electronic copy of the substantial amendment was available on the Town website and hard copies were placed at the Apple Valley Development Services Building, Apple Valley Branch Library, and the Town Clerk’s Office.
Town Council meetings are open to the public within the guidelines provided by the State. Those individuals planning to participate in the public hearing are encouraged to check the Town’s website for additional information concerning in-person participation on the day of the public hearing for any updates.
Draft Substantial Amendment – for public review
Annual Action Plan APPLE VALLEY Pg. 2
OMB Control No: 2506-0117
The public may comment in one of two ways:
1) Attend the meeting in person. Commenters may speak for up to three (3) minutes. 2) By emailing comments and contact information to [email protected] by 12 p.m.
Tuesday, March 25, 2025, to be included in the record.
Sort
Order
Activity Target Population Summary Summary of
Comments Received
1. Public
Hearing
• Minorities
• Non-English
Speaking
• Persons with
disabilities
• Broad community
• Residents of
public/assisted
housing
• Stakeholders
The Town conducted
its public hearing to
review the Substantial
Amendment to the
2020-2021 Action Plan
to repurpose CDBGCV funds on March 25,
2025.
(to be completed after
public hearing)
2. Comment
Period
• Minorities
• Non-English
Speaking
• Persons with
disabilities
• Broad community
• Residents of
public/assisted
housing
• Stakeholders
The Town conducted
its comment period
from March 20 – March
25, 2025.
(to be completed at
close of public
comment period)
Table 1 – Resident Engagement
Draft Substantial Amendment – for public review
Annual Action Plan APPLE VALLEY Pg. 3
OMB Control No: 2506-0117
EXPECTED RESOURCES – 91.220(C)(1,2)
Introduction
For the special allocation of CDBG-CV resources, the Town received two allocations that totaled $678,423. As of the date of this document, the Town has expended $619,305 of these funds and is looking to repurpose $59,118 of these funds via this Substantial Amendment.
Anticipated Resources
Program Source of
Funds
Eligible Use of Funds Funds Narrative
Description
CDBG-CV PublicFederal
• Public Services
• Economic Development
• Public Improvements
• Affordable Housing
• Planning and Administration
$59,118 Activities to
prepare for,
prevent, and
respond to
coronavirus
within the Town.
Table 2 - Expected Resources
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
In the initial planning and programming of these resources, the Housing and Community Development Department has worked closely with other Town departments as well as monitored other funding sources available at the local, state, and federal level to ensure that the Town is not providing duplicative assistance and addressing unmet needs and gaps for low- and moderateincome residents.
Draft Substantial Amendment – for public review
Annual Action Plan APPLE VALLEY Pg. 4
OMB Control No: 2506-0117
Annual Goals and Objectives – 91.220(c)(3)
The Town will be amending its following existing goal to repurpose CDBG-CV resources. These resources will be reprogrammed in the PY 2021 Action Plan and corresponding PY 2017 – PY 2021 Consolidated Plan.
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome
Indicator
1 COVID-19
Response
2024 2026 Non-Housing
Community
Development
Townwide COVID-19
Impact
$59,118 Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit – 1,000
Persons
Assisted
Table 3 – Annual Goals
Draft Substantial Amendment – for public review
Annual Action Plan APPLE VALLEY Pg. 5
OMB Control No: 2506-0117
PROJECTS – 91.220(D)
Introduction
With the repurposing of CDBG-CV funds, the Town will increase funding to the following project:
Projects
# Project Name
1. James Woody Facilities COVID-19 HVAC
Filtration System Project
Table 4 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
This project was determined in consultation with Town staff, departments, and stakeholders serving low- and moderate-income residents of the Town to identify critical needs resulting from COVID-19 within the Town.
Project Summary Information
1 Project Name James Woody Facilities COVID-19 HVAC Filtration System Project
Target Area Townwide
Goals Supported COVID-19 Response
Needs Addressed COVID-19 Impact
Funding CDBG-CV: $59,118
Description The project will include the installation of new HVAC and filtration systems at multiple buildings located at James Woody Park. The new systems will purify and eliminate
infectious pathogens, including COVID-19, with the
ultimate goal of mitigating the risk of disease transmission.
Target Date 06/30/2026
Estimate the number and
type of families that will
benefit from the proposed
activities
1,000 persons assisted
Location Description 13467 Navajo Road, Apple Valley, CA 92308 Planned Activities James Woody Facilities COVID-19 HVAC Filtration Systems Project (1,000 persons assisted): $59,118
Table 5 – Project Details
Town Council Agenda Report
Date: March 25, 2025
To: Honorable Mayor and Town Council
Subject: SUBSTANTIAL AMENDMENT TO THE 2018-2019, 2019-2020, 2020- 2021, 2021-2022, 2022-2023, AND 2024-2025 ACTION PLANS
From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Supervisor Housing and Community Development Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
It is recommended that the Town Council:
A. Conduct a public hearing and upon accepting public testimony; B. Approve a Substantial Amendment to the HOME Investment Partnerships Program (HOME) 2018-2019, 2019-2020, 2020-2021, 2021-2022, 2022-2023, and 2024-2025 Annual Action Plans (“Action Plans”) by repurposing $764,993 to existing HOME eligible activities; and
C. Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plans, and any additional amendments, to assure the Consortium’s timely expenditure of HOME funds.
BACKGROUND
The Town of Apple Valley has formed a Consortium with the City of Victorville to meet the threshold of obtaining HOME entitlement status with the U.S. Department of Housing and Urban Development (HUD). The successful formation of the Consortium results in an annual allocation of HOME funds to both communities. HUD requires all Participating Jurisdictions (PJs) and Consortium’s receiving HOME funds to prepare and submit a Consolidated Plan every five (5) years to establish a unified, strategic vision for economic development, housing and community development activities. As the lead agency of the Consortium, the Town Council adopted the 2022-2026 Consolidated Plan on May 10, 2022, and Substantial Amendmend to the 2022-2026 Consolidated Plan on January 24, 2023.
The Consolidated Plan is carried out through Annual Action Plans which provide a concise summary of the actions, activities, and the resources that will be used each year to address the priority needs and specific goals identified in the Consolidated Plan. The Consortium must submit an Annual Action Plan to HUD each year of the five-year Consolidated Plan period. As the lead agency, the Town Council adopted and submitted the 2018-2019, 2019-2020, 2020-2021, 2021-2022, 2022-2023, and 2024-2025 Action Plans to HUD by the required deadline dates of each year.
In accordance with the Town’s Citizen Participation Plan, a Substantial Amendment to a Consolidated Plan and Action Plan is required when a “substantial” change is proposed to funding priorities, elimination or addition of activities not previously identified in the Action Plan, and changes to the goals and objectives. This substantial amendment to the Action Plans is necessary because the Consortium is proposing to cancel eleven (11) activities and reduce the funding of one (1) activity in the combined amount of $764,993 to repurpose to the Town’s Residential Rehabilitation Program, City of Victorville’s Senior Home Rehabilitation Program, and City of Victorville’s Northgate Phase II Reroof Project.
ANALYSIS
The following narrative provides activity descriptions and other information for the proposed activities.
Residential Rehabilitation Program
The program will provide financial assistance to rehabilitate low-income single family owner-occupied homes. Such improvements will address health and safety concerns as well as code violations.
Senior Home Rehabilitation Program
The program provides financial assistance to seniors and disabled/handicapped homeowners to correct code violations and make ADA improvements.
Northgate Phase II Reroof Project
The project will provide for three (3) roof replacements and the replacement of various water heaters and support beams throughout the complex located at 17251 Dante Street, Victorville, CA 92394.
Table 1: Proposed Activity Budget Modifications and Reprogrammed Activity Budgets Program Year/ Activity Title Existing Budget New Budget Difference Decrease/Cancel Funding
2018 AV CHDO Set Aside $41,597 $0 ($41,597)
2018 VV CHDO Set-Aside $74,303 $0 ($74,303)
2019 AV CHDO Set-Aside $37,972 $0 ($37,972)
2019 VV Jamboree $30,000 $0 ($30,000)
2019 VV National Core $40,244 $0 ($40,244)
2020 AV CHDO Set-Aside $38,923 $0 ($38,923)
2021 AV CHDO Set-Aside $39,756 $0 ($39,756)
2021 VV CHDO Set-Aside $80,845 $0 ($80,845)
2022 AV Non-Congregate Shelter $214,534 $0 ($214,534)
2022 AV CHDO Set-Aside $42,907 $0 ($42,907)
2022 VV CHDO Set-Aside $87,255 $0 ($87,255)
2024 VV Hughes Training $230,847 $194,190 ($36,657)
Subtotal ($764,993)
Increase Funding
AV Residential Rehabilitation Program $2,505,507 $2,838,533 $333,026 VV Senior Home Rehabilitation Program $146,651 $183,308 $36,657 VV Northgate Phase II Reroof Project $251,655 $646,965 $395,310 Subtotal $764,993
FISCAL IMPACT
All funds impacted by the Substantial Amendment have previously been awarded to the Consortium and budgeted to the activities in Action Plans and Substantial Amendments previously adopted by the Town Council. The Housing and Community Development Department is proposing the following:
(1) Decrease the following accounts:
- 2320 AV Fund- CHDO by $201,155
- 2320 AV Fund- NCS by $214,534
- 2330 VV Fund- CHDO by $242,403
- 2330 VV Fund- Jamboree by $30,000
- 2330 VV Fund- National Core by $40,244
- 2330 VV Fund- Hughes Training by $36,657
(2) Increase the following accounts:
- 2320 AV Fund- Res Rehab Const by $333,026
- 2330- VV Fund- Senior Home Rep by $36,657
- 2330- VV Fund Northgate Phase II Reroof by $395,310
The reprogramming of the $764,993 will ensure that the Consortium’s HOME funds are utilized to improve the quality of life for the Town’s and City’s residents. Town Council’s approval of the recommended action adopts the Substantial Amendment to the Action Plans thereby allocating those resources into the HOME budget.
ATTACHMENTS
A. Substantial Amendment to Action Plan
TOWN OF APPLE VALLEY
2018-2019, 2019-2020, 2020-2021, 2021-2022,
2022-2023 & 2024-2025 ACTION PLAN
SUBSTANTIAL AMENDMENT
DRAFT FOR PUBLIC COMMENT PERIOD
February 21, 2025 – March 25, 2025
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY
OMB Control No: 2506-0117 (exp. 09/30/2021)
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Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY
OMB Control No: 2506-0117 (exp. 09/30/2021)
Table of Contents
EXECUTIVE SUMMARY ...........................................................................................................................................1 PROCESS..................................................................................................................................................................2 EXPECTED RESOURCES – 91.220(C)(1,2)........................................................................................................4 ANNUAL GOALS AND OBJECTIVES – 91.220(C)(3)..........................................................................................5 PROJECTS – 91.220(D)........................................................................................................................................6
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OMB Control No: 2506-0117
EXECUTIVE SUMMARY
Background
The Town of Apple Valley has formed a Consortium with the City of Victorville to meet the threshold of obtaining HOME entitlement status with HUD. The successful formation of the Consortium results in an annual allocation of HOME funds to both communities. The U.S.
Department of Housing and Urban Development (HUD) requires all Participating Jurisdictions (PJs) and Consortiums receiving HOME Investment Partnerships (HOME) funds, to prepare and submit a Consolidated Plan every five (5) years to establish a unified, strategic vision for economic development, housing and community development actions. The Consolidated Plan encompasses the analysis of local community needs and coordinates appropriate responses to those needs and priorities.
The Consolidated Plan is carried out through Annual Action Plans which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified in the Consolidated Plan.
Per the Town’s Citizen Participation Plan (CPP), a Substantial Amendment to a Consolidated Plan and Action Plan is required when a “substantial” change is proposed as it relates to funding priorities, proposed activities, goals, and objectives. This substantial amendment to the Action Plans is necessary because the Consortium is proposing to cancel eleven (11) activities and reduce the funding of one (1) activity in the combined amount of $764,993 to repurpose to the Town of Apple Valley’s Residential Rehabilitation Program, City of Victorville’s Senior Home Rehabilitation Program, and City of Victorville’s Northgate Phase II Reroof Project.
Pre-PY 2024/2025 Activity(ies)
• 2018, 2019, 2020, 2021, and 2022 Apple Valley CHDO Set-Aside – cancel activities and reprogram $201,155
• Apple Valley Non-Congregate Shelter – cancel activity and reprogram $214,534 • 2018, 2021, and 2022 Victorville CHDO Set-Aside – cancel activities and reprogram $242,403
• 2019 Jamboree – cancel activity and reprogram $30,000 • 2019 National Core – cancel activity and reprogram $40,244 PY 2024/2025 Activity(ies)
• Hughes Training – repurpose $36,657 from existing budget
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Sources
As the lead agency of the Consortium, the Town will program the following resources in this substantial amendment to the PY 2024-2025 Annual Action Plan and corresponding PY 2022- 2026 Consolidated Plan (which may be found at
https://www.applevalley.org/services/housing/plans-reports-and-surveys) to increase the PY 2024-2025 budget:
Pre-PY 2024 Formula CDBG: $728,336
PY 2024 Formula CDBG: $36,657
TOTAL: $764,993
Town Council is responsible for determining how HOME funds will be used to strengthen publicprivate partnerships and to expand the supply of decent, safe, sanitary, and affordable housing, with primary attention to rental housing, for very low-income and low-income families. In consultation with the Town Council, Town departments, City of Victorville, and partners serving the needs of very low-income and low-income in the community, this submission to the Town Council requests approval to invest the above funding for the programs/projects listed below.
Proposed Projects
Residential Rehabilitation Program:
Existing Balance: $2,505,507
Proposed Increase: $333,026
Total Proposed Budget Balance: $2,838,533
2024 Senior Home Improvement Program:
Existing Balance: $146,651
Proposed Increase: $36,657
Total Proposed Budget Balance: $183,308
Northgate Phase II Reroof Project:
Existing Balance: $251,655
Proposed Increase: $395,310
Total Proposed Budget Balance: $646,965
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OMB Control No: 2506-0117
PROCESS
The Town is conducting a 30-day review period for this substantial amendment from February 21, 2025 – March 25, 2025. The Town will conduct a public hearing for the substantial amendment as part of the March 25, 2025, Town Council meeting.
To encourage review and comment on the proposed activities, the Town published notices in English and Spanish in the Valleywide Newspaper on Friday, February 21, 2025, advertising the substantial amendment in compliance with the Town’s CPP. An electronic copy of the Substantial Amendment was available on the Town’s website and hard copies were placed at the Apple Valley Development Services Building, Apple Valley Branch Library, and the Town Clerk’s Office.
Town Council meetings are now open to the public within the guidelines provided by the State.
Those individuals planning to participate in the public hearing are encouraged to check the Town’s website for additional information concerning in-person participation on the day of the public hearing for any updates.
The public may comment in one of two ways:
1) Attend the meeting in person. Commenters may speak for up to three (3) minutes. 2) By emailing comments and contact information to [email protected] by 12 p.m.
Tuesday, March 25, 2025, to be included in the record.
Sort
Order
Activity Target Population Summary Summary of Comments
Received
1. Public
Hearing
• Minorities
• Non-English Speaking
• Persons with disabilities
• Broad community
• Residents of
public/assisted housing
• Stakeholders
The Town conducted
its public hearing to
review the
Substantial
Amendment on
March 25, 2025.
(to be completed after
public hearing)
2. Comment
Period
• Minorities
• Non-English Speaking
• Persons with disabilities
• Broad community
• Residents of
public/assisted housing
• Stakeholders
The Town conducted
its comment period
from February 21,
2025 – March 25,
2025.
(to be completed at close
of public comment
period)
Table 1 – Resident Engagement
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EXPECTED RESOURCES – 91.220(C)(1,2)
Introduction
The Consortium is repurposing $728,336 from Pre-PY 2024 formula CDBG resources and $36,657 in PY 2024 formula HOME resources.
Anticipated Resources
Program Source
of
Funds
Eligible Use of Funds Funds Narrative Description
Formula
HOME
PublicFederal
• Administration
• Acquisition of Affordable
Housing
• Affordable Housing
Preservation
• CHDO
• TBRA
$764,993 Activities to strengthen
public-private
partnerships and to
expand the supply of
decent, safe, sanitary,
and affordable housing
for very low-income and
low-income families.
Table 2 - Expected Resources
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
In the initial planning and programming of these resources, the Housing and Community Development Department has worked closely with other Town departments, the City of Victorville, as well as monitored other funding sources available at the local, state, and federal level to ensure that the Consortium is not providing duplicative assistance and addressing unmet needs and gaps for very low-income and low-income residents.
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Annual Goals and Objectives – 91.220(c)(3)
The Town will be amending its following existing goals to reallocate Pre-PY 2024 and PY 2024 HOME resources. These resources will be re-programmed in the PY 2024 Action Plan and corresponding PY 2022 – PY 2026 Consolidated Plan.
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic Area Needs
Addressed
Funding Goal Outcome
Indicator
1 Affordable
Housing
2024 2026 Affordable
Housing
Townwide/Citywide Housing
Programs
HOME:
$764,993
Homeowner
Housing
Rehabilitated: 8
Household
Housing Units
(amount is in addition
to those reported in
the 2024-2025 Action
Plan, as amended)
Rental Units
Rehabilitated:
140 Household
Housing Units
(amount will remain
unchanged from the
2024-2025 Action
Plan, as amended)
Table 3 – Annual Goals
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PROJECTS – 91.220(D)
Introduction
With the repurposing of Pre-PY 2024 and PY 2024 HOME resources, the Consortium will increase funding to the following programs/projects in the PY 2024 Annual Action Plan:
Project
# Project Name
1. Residential Rehabilitation Program
2. Senior Home Rehabilitation Program
3. Northgate Phase II Reroof Project
Table 4 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
These programs/projects were determined in consultation with Town staff, departments, City of Victorville and stakeholders serving very low-income and low-income residents of Apple Valley and Victorville to strengthen public-private partnerships and to expand the supply of decent, safe, sanitary, and affordable housing, with primary attention to rental housing, for very low-income and low-income families within the Town and City.
Project Summary Information
1 Project Name Residential Rehabilitation Program
Target Area Townwide
Goals Supported Affordable Housing
Needs Addressed Housing Program
Funding HOME: $333,026
Description The program will provide financial assistance to rehabilitate low-income single family owner-occupied homes. Such improvements will address health and safety concerns as well as code violations.
Target Date 06/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
Homeowner Housing Rehabilitated: 6 Household Housing Units Location Description Townwide
Planned Activities Personnel, Non-Personnel & Capital
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2 Project Name Senior Home Rehabilitation Program
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Housing Programs
Funding HOME: $36,657
Description The program provides financial assistance to senior and disabled/handicapped homeowners to correct code violations and make ADA improvements.
Target Date 06/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
Homeowner Housing Rehabilitated: 2 Household Housing Units Location Description Citywide
Planned Activities Personnel, Non-Personnel & Capital
3 Project Name Northgate Phase II Reroof Project
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Housing Programs
Funding HOME: $395,310
Description The project will provide for three (3) roof replacements and the replacement of various water heaters and support beams throughout the complex.
Target Date 06/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
Rental Units Rehabilitated: 140 Household Housing Units (amount will remain unchanged from the 2024-2025 Action Plan, as amended) Location Description 17251 Dante Street, Victorville, CA 92394 Planned Activities Capital
Table 5 – Project Details
Town Council Agenda Report
Date: March 25, 2025
To: Honorable Mayor and Town Council
Subject: FISCAL YEAR 2024-25 MID-YEAR BUDGET REVIEW
From: Douglas Robertson, Town Manager
Submitted by: Adam Cripps, Interim Assistant Director of Finance Finance Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
It is recommended that the Town Council:
A Receive and file the Fiscal Year 2024-25 Mid-Year Budget Review Report.
B Approve Budget Amendment incorporating revenue and expenditure changes and carry forwards as proposed herein.
SUMMARY
Town Council adopted the Fiscal Year 2024-25 Budget, effective July 1, 2024, with resolution number 2024-17 on June 25, 2024. The mid-year budget review is an opportunity for staff to use actual operating results of that budget through the first two quarters of the fiscal year, and as a result of this review, to recommend adjustments of the budgeted forecasts to accommodate changes in revenue and expenditure estimates.
The primary purpose of this report is to provide a summarized update on the status of the Town’s budget, highlighting the changes, issues and opportunities that may need to be addressed beyond the halfway point of the fiscal year. These budget adjustments are the starting point that will determine the baseline for next year’s budget. The report addresses major changes in the General Fund and certain Enterprise Funds revenue and appropriation budget.
BACKGROUND
The Town Council adopted the Fiscal Year (FY) 2024-25 Operating and Capital Improvement budget on June 25, 2024. The Adopted Operating and Capital Improvement budget is the Town’s one- year spending plan for FY 2024-25. It serves as a planning guide for the ensuing fiscal year and demonstrates progress towards implementation of the Town Council’s long-term goals as outlined in the Vision 2020 plan. The adopted
budget also demonstrates how established short-term goals and objectives will be implemented over the next year. It demonstrates how available resources are matched against the Town’s service priorities to provide essential services to the community.
It underscores the Town’s continued commitment to provide more efficient services to residents and maintains adequate resources for unforeseen emergencies.
After adoption, financial events occur throughout the year that impact the budget and the implementation of spending priorities outlined therein. These events necessitate adjusting the budget projections from time to time during the fiscal year to keep the spending plan up-to-date based on current financial conditions.
In total, adjustments to the estimated revenue projections in the FY 2024-25 General Fund adopted budget amount to a revenue increase of $3,441,601 and total expenditures and transfers-out are proposed to increase by $596,150. On an “all funds” basis, total revenues and transfers-in are proposed to increase by $3,643,621 and total expenditures and transfers-out are proposed to increase by $2,189,883. These mid-year adjustments to the FY 2024-25 adopted budget are summarized in attachment A attached hereto.
The focus of the mid-year budget review presentation is primarily the Town’s General Fund revenues and expenditure. Most of the Town’s operating expenditure is accounted for within this fund. Other special revenue fund budgets may not require adjustments at midyear due to the specific nature of the resource allocations and program requirements.
When revenues for these special revenue funds are not fully expended during the year, balances are carried forward for re-appropriation in the subsequent years’ budget process.
For FY 2024-25, the total adopted General Fund revenue budget was $39.3 million and expenditure and transfers-out budget was $42.5 million. Through actions taken by Council prior to this Mid-Year review, the expenditure budget has increased to $42.6 million. The Table below shows the impact of the FY 2024-25 adjustments proposed on the fund balance of the General Fund.
Based on staff’s analysis of the current year’s operating revenues and expenditures and based upon information and input provided by all departments, staff recommends the following adjustments to the FY 2024-25 budget highlighted below.
Revenues
Passage of Measure P: Through the General Election, November 2024, the Town of Apple Valley’s 1% sales tax ballot measure, Measure P, passed. Collections of the additional 1% sales tax are slated to begin April 2025 which is the final quarter of the fiscal year.
General Fund FY25 Budget Mid-Year Requests Revised FY25 Budget Revenues 39,392,490 3,441,601 42,834,091
Expenditures 42,612,813 596,150 43,208,963
Totals (3,220,323) 2,845,451 (374,872)
Building and Safety and Planning: Both the Building and Safety and Planning Departments have surpassed original revenue estimates, due to increased activity, and are requesting increases of $601,125 and $121,000 respectively.
Expenditures
The largest expenditure adjustment is in the General Government Department with an update to the Transfer Out account of $894,000 to cover operations at both the Singh Center and Golf Course. These transfers were not previously budgeted in this manner due to unknowns at the time of budget adoption. With a requested decrease in expenditure in General Government of $102,000 brings the net effect to $792,000 Planning has requested a decrease to Contract Services of $250,000 which combined with smaller department requested increases of $10,000 brings the net effect to a reduction of expenditures within the department of $240,000.
AVCE requests an additional appropriation of $325,000 to account for increased NEM refund activity, savings that go back to residents based on their energy production, and requested increase of $630,000 to begin a series of capital projects.
Summary
The FY 2024-25 budget was adopted with a $3.2 million decrease in the fund balance in the General Fund. Through the proposed mid-year adjustments, and projected salary savings, the General Fund is projected to have a surplus of $10,000. Proposed revenue and expenditure adjustments are outlined in Attachment A.
FISCAL IMPACT
Attachment A summarizes the General Fund’s adopted adjustments in revenue estimates and appropriations (expenditures) to the current year’s adopted operating and capital improvement budget reviewed herein. Along with the General Fund summary, the all funds recommended adjustments are also included by revenue and appropriations (expenditures). The attached budget adjustment summarizes the adopted increases in revenue estimates and appropriation adjustments.
CONCLUSION
The attached budget adjustment proposed to Council for consideration at its March 25, 2025, Council Meeting summarize proposed changes in the adopted FY 2024-25 Operating Budget. Staff is committed to ensuring that the Town continues its conservative fiscal practices; adopts sound, responsible, financial plans; and maintains its high- level of service delivery to the community in the most cost-effective and efficient manner possible.
ATTACHMENTS
A. Mid-Year Budget Adjustment Summary Reports
Fiscal Year 2024-25 Mid-Year Budget Review
Mid-Year General Fund Revenue Review Department Summaries FY25 GF Budget Revision Request Updated Budget Code Department
0000 General Government 32,586,200 3,041,000 35,627,200 1001 Town Council - - -
1101 Town Manager - - -
1201 Town Attorney - - -
1301 Pubic Information Office - - -
1410 Town Clerk - - -
1412 Disaster Services - - -
1501 Finance - - -
1801 Human Resouces - - -
1901 Information Technologies - - -
2017 Police Department 180,000 - 180,000
2118 Animal Control 250,000 - 250,000
2119 Animal Shelter 1,333,300 - 1,333,300
4020 Building & Safety 1,665,390 601,125 2,266,515
4022 Economic Development - - -
4023 Engineering 346,000 - 346,000
4024 Planning 531,000 121,000 652,000
5026 Code Enfocement 600,000 - 600,000
6029 Grounds Maintenance - - -
6034 Recreation 20,000 - 20,000
6036 Facilities - - -
6037 Recreation Programs 1,546,150 (202,524) 1,343,626
6038 Aquatics 334,450 (119,000) 215,450
Total 39,392,490 3,441,601 42,834,091
Fiscal Year 2024-25 Mid-Year Budget Review
Mid-Year General Fund Expenditure Review Department Summaries FY25 GF Budget Revision Request Updated Budget Code Department
0001 General Government 1,536,160 792,000 2,328,160
1001 Town Council 278,171 - 278,171
1101 Town Manager 692,808 - 692,808
1201 Town Attorney 350,000 - 350,000
1301 Pubic Information Office 469,779 5,000 474,779
1410 Town Clerk 822,189 - 822,189
1412 Disaster Services 42,500 - 42,500
1501 Finance 1,318,090 - 1,318,090
1801 Human Resouces 472,375 780 473,155
1901 Information Technologies 2,426,284 - 2,426,284
2017 Police Department 19,524,260 - 19,524,260
2118 Animal Control 1,062,685 - 1,062,685
2119 Animal Shelter 2,164,935 - 2,164,935
4020 Building & Safety 986,400 - 986,400
4022 Economic Development 245,085 1,500 246,585
4023 Engineering 874,348 1,250 875,598
4024 Planning 1,293,525 (240,000) 1,053,525
5026 Code Enfocement 551,527 6,600 558,127
6029 Grounds Maintenance 2,891,709 9,000 2,900,709
6034 Recreation 179,867 2,000 181,867
6036 Facilities 2,040,828 (5,900) 2,034,928
6037 Recreation Programs 1,849,364 6,420 1,855,784
6038 Aquatics 539,924 17,500 557,424
Total 42,612,813 596,150 43,208,963
Fiscal Year 2024-25 Mid-Year Budget Review
Fund: Requested Revenue: Requested Expenditure: Summary Notes:
General (1001) 3,441,601 596,150 See Dept Summaries
AVCE (5810) 955,000 To begin capital projects
Golf (5710) 45,000 140,000
Rev. Increased useage and proshop sales
Exp. Increased Utilities Cost
Singh Center (5910) 60,000 60,000
Rev. Transfer from GF to cover exp.
Exp. Increased Utilities Cost
Solid Waste (5510) 14,000 Increased operational costs
Streets (2010) 434,000 2,020
Rev. To account for actuals
Exp. Increased
maintenance/repair/rehabilitation
Wastewater (5010) 85,733
Primary increase to Hardware/Software for
capital project
All funds total 3,643,621 2,189,883
Town Council Agenda Report
Date: March 25, 2025
To: Honorable Mayor and Town Council
Subject: TOWN COUNCIL APPOINTMENTS TO THE CITIZENS
TRANSACTIONS AND USE SALES TAX REVENUE MEASURE
OVERSIGHT COMMITTEE
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Town Clerk
Director of Government Services, Government Services Department Budgeted Item: Yes No N/A
RECOMMENDED ACTION
(1) Each Council Member to nominate one (1) individual to serve on the Citizens’ Transaction and Use Sales Tax Revenue Measure Oversight Committee; and (2) That the Town Council approve the nominations as submitted.
BACKGROUND
At the General Municipal Election held on November 5, 2024, voters approved Measure P, a one cent Transactions and Use (Sales) Tax (“TUT”) Measure for general purposes.
With the passage of this measure, the Town Council shall nominate candidates to serve on the Citizens’ Transactions and Use (Sales) Tax Revenue Measure Oversight Committee which was created by Resolution No. 2024-27 at the Town Council Meeting on August 13, 2024.
SUMMARY
The Oversight Committee will provide independent review and advisory input on the allocation of Transactions and Use Tax (TUT) revenue during the annual budget process.
Based on California law, TUT is deposited into the Town’s General Fund and will make up a portion of those revenues available for general use. The Oversight Committee will review reports detailing how general funds were spent, including the portion that was derived from the Measure P Transactions and Use Tax measure.
Committee members, appointed by the Town Council, must be Apple Valley residents or local business representatives within the community. Term appointments will be conterminous with the appointing Council Member, the same as other Commission/Committees of the Town. There is no compensation for members of this
committee. The Committee will also be required to conduct its business in accordance with the Apple Valley Municipal Code, its Bylaws and the Ralph M. Brown Act. Additional meeting requirements are listed within the Bylaws and attached.
The first meeting is tentatively scheduled for April/May 2025, followed by budget review meetings in May/June and an annual report review will be submitted in December 2025.
FISCAL IMPACT
None.
ATTACHMENTS
A. Resolution No. 2024-27
B. Bylaws for Citizen’s Transactions and Use (Sales) Tax Revenue Measure Oversight Committee
RESOLUTION NO. 2024-27
A RESOLUT]ON OF THE TOWN COUNCIL OF THE TOWN OF
APPLE VALLEY, CALIFORNIA ESTABLISHING THE CITIZEN'S
TRANSACTIONS AND USE (SALES) TAX REVENUE MEASURE
OVERSIGHT COMMITTEE AND APPROVING THE BYLAWS FOR
THE COMMITTEE
WHEREAS, on July 23, 2024, the Town of Apple Valley Town Council adopted Resolution No. 23, placing a one cent (1d) Transactions and Use (Sales) Tax ("TUT') Measure for general purposes on the November 5, 2024 General Municipal Election ballot, pursuant to califomia Revenue and Taxation code section 7285.9, seeking approval of the TUT by a majority vote of the electorate pursuant to Article Xlllc, section 2 of the california constitution ("Proposition 218"); and
WHEREAS, the Town council desires to establish a citizen's Transactions and Use (Sales) Tax Revenue Measure Oversight Committee ("Committee") to review the revenues generated by and expenditures made from the sales tax, and to make such recommendations to the Town Council as it deems necessary or useful, should the Measure pass at the November 5, 2024 Election; and WHEREAS, the Town Council desires to adopt Bylaws for the Committee'
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF APPLE VALLEY:
SECTION 1. That the Town of Apple Valley Citizen's Transactions and Use (Sales) Tax Revenue Measure Oversight Committee is
Bylaws, as attached hereto as Attachment "B", are here
hereby established and the
by adopted; and
SECTION 2. Staff is hereby authorized to make minor non-substantive changes in the final version of the Bylaws as necessary to ensure the proper operation of the Committee; and
SECTION 3. This Resolution shall become effective upon its adoption.
SECTION 4. The Town Clerk shall certify to the adoption of this Resolution
Resolution 2024-27
APPROVED AND ADOPTED by the Town Council of the Town of Apple Valley this 13th day of August 2024.
Scott ssif, ayor
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forcesg-a.Edl@!. The membership and duties of the Citizen's rransactions and Use (sales) Tax Revenue Measure oversight committee (the "committee") are prescribed as set forth herein. These Bylaws set forth the procedural rules for the conduct of Committee meetings.
Meetinos. The Committee shall conduct its business in accordance with the Apple Vatffiuni"ipal Code, these Bylaws, and the Ralph M. Brown Act (Government Code Section 54950 el seq.).
2.1 Reoular Meetinos. The committee shall hold at least one regular meeting per calendar year, which shall occur on the first Wednesday of December, except that no meeting shall be held if a regular meeting day falls on a legal holiday. Regular meetings shall be held at Town Hall.
2.2 Soecial Meetinos. Special meetings may be called at any time by the Chair or UV', rnaiority of the Committee, by delivering written notice to each member of the Committee (hereinafter "member" or "members") and by posting the notice in the designated posting locations. Such notice may be delivered by any means and must be received at least twenty-four hours before the time of such meeting as specified in the notice, unless notice is waived in writing. The notice shall specify the time and place of the special meeting and the business to be transacted, and no other business shall be transacted at that meeting other than that contained in the notice'
2.3 Adiourned Meetinqs. All meetings may be adjourned to another specified tirne, place and date, but not beyond the next regular meeting' lf less than a quorum of all members are present at any regular or adjourned regular meeting the Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided in paragraph 2.2 above for special meetings. A copy of the notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was to be held within 24 hours after the time of the adjournment.
TOWN OF APPLE VALLEY
ctlzEN's TRANSACTIONS AND USE (SALES) TAX REVENUE MEASURE
OVERSIGHT COMMITTEE BYLAWS
2.4 Studv Sessions. The Committee may, from time to time, as part of a regular, adjourned or special meeting, meet in study session to focus on a particular matter within its jurisdiction. Action shall not be taken during a study session, but direction may be provided.
2.5 Public Meetinos. All meetings and study sessions of the Committee shall be open to the public as provided by the Brown Act.
1.
3. Oroanization of the Committee.
3.1 Establishment. There is established a Town of Apple Valley Citizen's Transactions and Use (Sales) Tax Revenue Measure Oversight Committee. The Committee shall consist of five (5) residents of the Town or representatives of businesses located within the Town. Committee members shall not be current Councilmembers, current members of any other Town Board, Committee, or Commission, or current employees of the Town. Members shall be appointed by and serve at the pleasure of a simple majority of the Town Council, subject to removal at any time by a simple majority of the Town Council. For the first group of members appointed to ths Committee, three members shall serve four-year terms and two members shall serve two-year terms, as determined by the Town Council'
3.2 fpglg Except for those members initially appointed for a two-year term prnsuant to Section 3.1 above, the term of office of each member is four (4) years.
3.3 Comoensation. No person shall receive compensation for service as a member, except for reimbursement of all such expenses necessarily and legitimately incurred and authorized during the performance of official duties for payment for service as a proctor during administration of employment examinations.
3.4 gt[ge6. The Committee shall elect from its membership a Chair, who shall preside over meetings. The Committee shall also elect a Vice- Chair, who shall preside in the absence of the Chair' The Chair and Vice- Chair are sometimes referred to herein as the "presiding officer." The Chair shall have the following powers:
2.6 Canc llation of eoular Me tinos . The Committee may cancel an upcoming meeting for lack of a quorum. Notice of the cancellation shall be posted in lieu of an agenda
3.4.1 To call to order the meeting and to conduct the order of business as set forth in the agenda.
3.4.2 To adjust the agenda, if needed, at the time of the meeting with the approval of the Committee.
3.4.3 To move, second, debate and vote.
3.4.4 To rule motions in or out of order.
3.5 3.6
3.7 3.8
3.4.5 To determine whether a speaker from the audience has exceeded his or her time or is otherwise out of order.
3.4.6 To rule on questions of parliamentary procedure based generally on Robert's Rules of Order.
3.4.7 To sign all resolutions and other documents necessitating his or her signature.
3.4.8 To call a brief recess during a meeting
3.4.9 To appoint members to subcommittees with the approval of the Committee; and
3.4.10 To maintain decorum.
The presiding officer's determination as to any of the above matters may be overruled by a majority of the members present.
Oroanizational Meetino. At its first meeting, the Committee shall elect a Chair and Vice-Chair from among its members by majority vote of those present.
Term of the Chair and Vice-Chair. The term of ofiice of the Chair and Vice Chair shall be one year. A member may serve consecutive terms as Chair or Vice-Chair. Nothing shall prevent the Committee from removing and replacing the Chair or Vice-Chair at any time during their respective terms, provided that the item is properly on the agenda of the meeting and approved by a majority of members present.
Vacancv in the Office of Chair or Vice-Chair. A vacancy in the office of Chair or Vice-Chair shall be filled for the remainder of the unexpired term by election. The majority of members present at the next meeting provided the selection has been noticed on the agenda.
Vacancv of a Member's Seat. A member may resign by submitting his or her resignation in writing to the Chair. Resignation is effective and irrevocable when submitted. ln the event of an unscheduled vacancy of any member's seat prior to the expiration of his or her term, the Town Council may appoint a member to serve the remainder of the unexpired term. The newly appointed member shall take and subscribe to the oath of office before the next meeting after his or her appointment by the Town Council.
Quorum. A majority of the total membership of the Committee shall constitute a quorum for the transaction of business. Where there is not a quorum present, the Secretary of the Committee shall announce that no meeting will be held due to lack of a quorum and shall announce the date
3.9
3.10 3.11
3.12 of the next regular or adjourned meeting. When a member is disqualified due to a legil conflict of interest, his or her presence shall not be considered in determining the presence of a quorum. Any decision of the Committee shall require a vote of the majority of the members present and qualified to vote.
Subcommittees. The Committee may from time to time establish either stanOing or ad hoc subcommittees consisting of any number less than a quorum of its membership for the purposes of studying a specific area of concern. Standing subcommittees (that have a regular meeting schedule or continuing subject matter jurisdiction) are subject to all the requirements of the Brown Act. The Committee may refer matters to a subcommittee to report back to the full Committee at a future date. The subcommittee report wiil be considered advisory, and its recommendations are subject to action by the full Committee.
Absences from meetinos. lf a member of the Committee is absenl from trree successive regular meetings without being excused by the committee or is absent for any reason for more than six regular meetings in any twelvemonth period, the office of such member shall be vacated and the Chair shall immediately notify the Secretary, who shall notify the Town Council that said office is vacant. Upon such notification, a successor for the remainder of the term of such member shall be appointed by Council. ln order to request an excused absence, a member must notify the Chair or the Secretary of the anticipated absence in advance of the meeting and the request must be noted during roll call and reflected in the minutes of the meeting and is subject to denial by the Committee'
Oath of Office. Newly appointed members shall take and subscribe to the oatL of office before assuming their duties. The oath may be given by a Town official authorized to do so by State law'
4. Powers and Duties.
4.1 Review the Town's audited, annual report of the revenues collected through the tax; and how those funds were spent consistently with the ordinance.
Make such recommendations to the Town Council as it deems necessary or useful regarding Measure revenues and expenditures.
The Committee may, by a majority vote of its membership, choose to publish an annual report regarding Measure revenues and expenditures and the Committee's recommendations, in which event such report shall be published on the Town's internet page.
Provide other assistance as requested by the Town Council or the Town Manager.
4.2 4.3
4.4 5. The Gommittee Aoenda.
5.1 5.2
5.3 5.4
5.5 Preoaration of the aoenda. The Secretary of the Committee shall formulate and prepare the agenda for meetings.
Postino of the aoenda. The Town Clerk shall cause to be posted an agenda for each regular meeting in the designated posting locations not less than 72 hours prior to the meeting. Agendas for adjourned meetings shall be posted in the same fashion, unless the business to be undertaken is limited to the items on the agenda of the meeting at which the adjournment occurs and the meeting is ad.iourned to a date within five days of the adjournment. Agendas of special meetings shall be posted and provided along with the notice of the meeting as provided in paragraph 2.2 above.
Affidavit of oostino. lmmediately following the posting of the agenda, the Town Clerk shall cause to be completed an affidavit of posting. The affidavit shall indicate the time and location of posting and shall be signed under penalty of perjury. The Town Clerk shall retain all such affidavits in accordance with the Town's records retention policy.
Order of Business. ltems shall be placed on the agenda substantially according to the following "Order of Business." Upon review of the agenda at the beginning of any meeting, the Committee may change the order of business in order to promote the efficiency of the meeting. The Order of Business for each regular meeting shall be as follows:
1. Call to Order/Roll call
2. Approval of the Order of ltems on the Agenda
3. Approval of Minutes (unless approved on the Consent Calendar)
4. Public Comments on Consent Calendar and Matters Not on the Agenda
5. Consent Calendar
6. Conduct of Business
7. ltems from Staff
8. Public Comments on Mafters Not on the Agenda (remaining comments not heard during previous comment period)
9. ltems from Members and Subcommittee Reports
10. Adjournment
Description of Matters on the Aoenda. All items of business to be transacted shall be described briefly on the agenda in sufficient detail so that a reasonable person can determine the general nature of the matter under consideration. Not every recommendation or conceivable action or alternative need be listed. Generally, each item on the agenda shall contain a staff recommendation and the specific action requested to be ta ken.
Addino ltems of Business to the Aoenda. The Committee shall not discuss or take action on any item of business not listed on the posted agenda except:
5.6
5.6.1 Upon a majority determination of the existence of an "emergency" as that term is defined in the Brown Act.
5.6.2 Upon a determination by a two-thirds vote of the members present, or if less than two-thirds of the membership is present, upon a unanimous vote, that there is an immediate need to take action and that the need to take action came to the attention of the Town subsequent to the posting of the agenda. lf the Committee makes this determination, the minutes of the meeting shall reflect what circumstances gave rise to the need to take action after the posting of the agenda.
5.6.3 Where the item upon which action is to be taken was included on a properly posted agenda for a prior meeting of the Committee occurring not more than five calendar days prior to the date of the meeting at which the item is to be considered, and the item was continued to an adjourned meeting.
5.7 Addino ltems of Business to a Future Aoenda. Any member may during "ltems from Members" request that an item of business within the Committee's subject matter jurisdiction be added to a future agenda. Such requests must be listed on the published agenda and are subject to approval of the Committee.
5.8 Public Comments. Members of the public shall be permitted to speak on each item of business on the agenda when the item is taken up and before action is taken on the item by the Committee. Each speaker shall have a three (3) minute period to speak; time cannot be ceded to another speaker' ln order to facilitate the conduct of the meeting, the Chair or the Committee may lengthen or shorten the three-minute period for all speakers on a particular agenda item based on the number of persons in attendance wishing to speak or the complexity of the matter under consideration. The "Public Comments" item shall be limited to items on the Consent Calendar (and not pulled therefrom) and matters not on the agenda but within the subject matter jurisdiction of the Committee. An individual may speak only once during "Public Comments," either at the first or second public comment period.
5.9 Notification. Upon written request on an annual basis and payment of the fee required by the Town's fee resolution, the Secretary will mail agendas or agenda packets to any person.
Minutes. The minutes of meetings shall be kept by the Secretary in accordance with the following policy:
Minutes shall contain a record of all proceedings, motions, and actions, but shall only contain a summary of the discussion, not verbatim transcriptton.
6. 6.1
7 Secretarv. The Town Manager or his/her designee shall serve as the Secretary for the Committee. The Secretary shall:
7.1 Keep the minutes of all meetings and transmit approved minutes to the Town Clerk.
7.2 Give or serve all notices required by law or by these rules.
7.3 7.4
7.5 7.6
7.7 8.1
Formulate and prepare the agenda for all meetings.
Be custodian of Committee records.
lnform the Committee of correspondence relating to business of the Committee and attend to such correspondence.
Handle funds allocated to the Committee, as directed by the applicable Department Director, and in accordance with its directives, the law, and Town regulations; and
Sign official documents of the Committee.
8. Conduct of Meetinos.
Action bv the Committee. The Committee shall proceed by way of motion.
Any member, including the Chair, may make a motion and any member may second the motion except that the same person who made the motion cannot second it. A member may make only one motion at a time and a motion or second may be withdrawn by the maker at any time before a vote.
Adootion bv Maioritv Vote. A motion shall be adopted by an affirmative vote of a majority of the members present provided a quorum is determined to exist. Members have a duty to vote "aye", or "nay" on each motion.
8.2 The minutes shall accurately reflect what occurred at the meeting.
6.2 All motions, whether carried or not, shall be recorded, disclosing the author of the motion and the second, and the roll call vote.
6.3 Minutes of public hearings shall list when available the names and Town of residence of all persons who speak during the hearing' and the position they took on the matter. The minutes need not include detailed or verbatim transcriptions of public comments.
6.4 An audiotape recording of all meetings shall be made and said recording tapes shall be kept for a period of not less than thirty days following approval of the minutes and shall be subject to disclosure during that time.
Recusals shall be made or abstentions shall be cast only if the member declares:
8.2.1 The existence of a conflict of interest or other d isqualification from voting; or
8.2.2 A lack of sufficient information upon which to base a vote due to absence from a previous meeting.
Abstentions are not counted in the vote tally.
8.3. Rules of Decorum.
8.3.1 BgleslgI-@befs. Members of the Committee shall conduct themselves in an orderly and businesslike manner to ensure that the business of the Town shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process is maintained at all times. Members shall maintain a polite' respectful and courteous manner when addressing one another, Town staff and members of the public during meetings. Members shall speak clearly into the microphone so that they can be heard by the audience. a. Communication with Members
1) Members should request the floor of the Presiding Officer before speaking.
2) A member who is speaking shall attempt to avoid repetition and shall limit their comments to the subject matter at hand.
Members should express their views without engaging in
lengthy debates.
3) When one member is speaking, other members shall not interrupt or otherwise disturb the speaker.
b. Communication with Members of the Public Addressing the Committee.
1) Members may question a person addressing the Committee at the conclusion of the person's comments or upon the
expiration of the person's time to speak. Such questions shall be directed to the person through the Presiding Officer. 2) Members shall not engage the person addressing the
Committee in a dialogue with the Committee or Town staff but shall confine communication to a question-and-answer format conducted through the Presiding Officer.
3) lf a member of the audience has addressed the Committee on matters that are not on the agenda, members shall refrain from discussion of the matter. lf a member so wishes, the member may, if appropriate, during the "ltems from Members" portion of the meeting, direct the Secretary to place the matter on the next agenda, subject to the approval of the Commiftee.
8.3.2 BclcslerJ-e.wJoslafi.
a. Decorum. Town staff shall not engage in public dialogue or debate with members of the public during public meetings. When addressed by the Committee, staff shall respond in a polite and respectful manner.
b. Role of the Secretary. The Secreta ry's duties during the meetings include keeping a record of concerns raised by the Comm regarding staff matters and directions for future staff action. ittee
8.3.3 &les[eI-lhe PUE!!g
a. Members of the Audience. Members of the audience shall not ding the
wh istling,
engage in disorderly or boisterous conduct' inclu
utterance of loud, threatening or abusive language,
stamping of feet or other acts which disturb, disrupt, impede or otheruise render the orderly conduct of the meeting infeasible. A member of the audience repeatedly or continuously engaging in any such conduct shall, at the discretion of the Presiding Officer or a majority of the Committee, be subject to ejection from that meeting.
b. Persons Addressi nq the Comm ittee.
1) Any person wishing to speak in connection with any item of business on the agenda shall first be invited to voluntarily complete a speaker request slip and submit the card to the Secretary, although completion of the speaker's card is not required to speak.
2) No person shall address the Committee without first being recognized by the Presiding Officer.
3) No person addressing the Committee shall make repetitious, slanderous or irrelevant remarks, or engage in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of the meetings. Any person
8.3.4 Enforcement.
a. The Chair shall follow the following procedure to maintain decorum:
who so disrupts the meeting may' at the discretion of the Presiding Officer or a majority of the Committee, be subject to ejection from that meeting.
1) Warninq. The Presiding Officer shall request that a person wno is disrupting the meeting cease such conduct. lf after receiving a warning from the Presiding Officer, the person persists in the violation, the Presiding Officer shall order the person to leave the meeting. lf the person does not leave the meeting, the Presiding Officer may order a law enforcement officer to remove the person from the chambers.
2) Removal. A law enforcement officer shall carry out the orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum. Upon instruction of the Presiding Officer, it shall be the duty of the law enforcement officer to remove from the meeting any person who is
disturbing the proceedings.
3) Motion to Enforce. lf the Presiding Officer fails to enforce the rules of order and decorum set forth above, any mem ber may move to require the Presiding Officer to do so, and an
affirmative vote of a majority of the Committee shall require the Presiding Officer to do so. lf the Presiding Officer fails to carry out the will of the majority of the Committee, the majority may designate another member to act as Presiding Officer for the purpose of enforcing the rules of order and decorum established above.
4) Clearinq the Room. lf a meeting is disturbed or disrupted in such a manner as to make infeasible or improbable the
restoration of order, the Presiding Officer or a majority of the Committee may exercise the authority granted in California Government Code Section 54957.9 by ordering the meeting room cleared and continuing in session in the manner
authorized by Section 54957.9 of the Government Code'
Members of the press shall be permitted to remain unless they have participated in the disruption.
8.4 Adiournment ofM etinos. Meetings shall adjourn not later than 10:30 p.m., or as soon thereafter as the Committee completes the item of business on the table at that hour, in which event items of business not yet
9. addressed shall be continued to the next regular meeting or to an adjourned meeting. The Committee may by majority vote extend the meeting beyond 10:30 p.m. in order to complete more of its agenda.
Eeneral
9.1 The committee and its activities are completely distinct from the Finance Department.
g.2 No member shall use any public resources including Finance Department, Town, and/or Committee letterhead and paper in any private activity'
9.3 The Finance Director, or his or her designee, shall approve and release any and all publicity releases, public information, pamphlets and other public relations. The purpose is to ensure that no release or programs will conflict with policies or programs of the Town.
Robert,s Rules of order. lf a matter arises that is not covered by these rules, the Br,cwn Act or the Apple valley Municipal code, the procedures of the committee shall be governed by the latest revised edition of Robert's Rules of order to the extent not inconsistent with laws governing public agencies.
Amendments to Bvlaws. These bylaws may not be amended unless the proposeo arnenoment has been presented to and approved by the Town council.
10. 11.