Agenda packet — Apple Valley City Council, April 8, 2025 (part 2 of 2)

PARCEL 4
GROSS: ±1.74 AC / ±75,978 SQ.FT.

NET: ±1.39 AC/ ±60,615 SQ.FT.

PARCEL 1
GROSS: ±1.85 AC / ±80,790 SQ.FT.

NET: ±1.76 AC / ±76,517 SQ.FT.

PARCEL 2
GROSS & NET: ±0.76 AC /
±32,914 SQ.FT.

PARCEL 3
GROSS & NET: ±0.79 AC /
±34,240 SQ.FT.

PARCEL 5
GROSS & NET: ±3.56 AC /
±155,218 SQ.FT.

PARCEL MAP NO. 20473

IN THE TOWN OF APPLE VALLEY,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
TAIT & ASSOCIATES, INC. NOVEMBER, 2023
SHEET 3 OF 3 SHEETS NUMBER OF PARCELS: 5
MAP CONTAINS: 9.24 ACRES
GROSS = 9.24 ACRES
NET = 8.26 ACRES
N

REMAINDER PARCEL

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Town of Apple Valley
Planning Division
August 17, 2023
Matt Bush
Wood Investment Companies, Inc.
2950 Airway Avenue, Suite 9
Costa Mesa, CA 92307
Subject: Special Use Permit SUP 2022-002, Development Permit DP 2022-004, & Tentative Parcel Map TPM 20473 – Request to construct a 39,743 square-foot shopping center that includes a grocery store, a multitenant retail shop with a drive thru, two (2) drive-thru restaurant pads, and a carwash on 8.25 acres and a Tentative Parcel Map to create five (5) parcels and a remainder on the south side of Bear Valley Road, approximately 900 east of Apple Valley Road (APN: 0434-021-10, -35, - 37)
Dear Matt,
The Planning Commission reviewed and approved the project referenced above on August 2, 2023 subject to the attached Conditions of Approval. This action of the Town of Apple Valley shall not be final for a period of ten (10) days from the date of Planning Commission action to allow for the filing of any appeal pursuant to the Town’s Development Code, Section 9.12.250, with the Town Clerk of the Town of Apple Valley.

This approval shall expire in three (3) years from the date of this approval (on August 2, 2026), unless the construction has been substantially commenced in accordance with the Development Code. Any application for a time extension and appropriate fees must be submitted to the Town of Apple Valley a minimum of sixty (60) days prior to the expiration date.

Enclosed you will find the Conditions as approved by the Planning Division. Please sign the attached Acknowledgement of Conditions and return to the Planning Division for the administrative record. If you have any questions on this matter, please contact me at the Town’s Planning Division at (760) 240-7000, extension 7203 or via email at [email protected]. Town offices are open Monday through Thursday between 7:30 a.m. and 5:30 p.m., and alternating Fridays 7:30 a.m. and 4:30 p.m. (closed the subsequent Fridays).

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TOWN OF APPLE VALLEY

RECOMMENDED CONDITIONS OF APPROVAL
Case No. Special Use Permit SUP 2022-002, Development Permit DP 2022-004, Tentative Parcel Map TPM 20473
Please note: Many of the suggested Conditions of Approval presented herewith are provided for informational purposes and are otherwise required by the Municipal Code.

Failure to provide a Condition of Approval herein that reflects a requirement of the Municipal Code does not relieve or alleviate the applicant and/or property owner from full conformance and adherence to all requirements of the Municipal Code.

Planning Division Conditions of Approval
P1. This project shall comply with the provisions of State law and the Town of Apple Valley Development Code and the General Plan. This conditional approval, if not exercised, shall expire three (3) years from the date of action of the reviewing authority, unless otherwise extended pursuant to the provisions of application of State law and local ordinance. The extension application must be filed, and the appropriate fees paid, at least sixty (60) days prior to the expiration date. The Special Use Permit, Development Permit, & Tentative Parcel Map become effective ten (10) days from the date of the decision unless an appeal is filed as stated in the Town’s Development Code.

Apple Valley Fire Protection District
Apple Valley Public Works Division
Apple Valley Engineering Division
Apple Valley Planning Division
Liberty Utilities
P3. The applicant shall agree to defend, at its sole expense (with attorneys approved by the Town), hold harmless and indemnify the Town, its agents, officers and employees, against any action brought against the Town, its agents, officers or employees concerning the approval of this project or the implementation or performance thereof, and from any judgment, court costs and attorney's fees which the Town, its agents, officers or employees may be required to pay as a result of such action. The Town may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve the applicant of this obligation under this condition.

P4. The approval of Special Use Permit SUP 2022-002, Development Permit DP 2022-

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Code. The handicapped spaces shall be located as close as practical to the entrance of the center. Each space must be provided with access ramps and clearly marked in accordance with Title 24 of the California Administrative Code.

P13. A forty-five (45)-foot building setback shall be provided from the Bear Valley Road right-of-way. A twenty-five (25)-foot building setback shall be provided from the Flying Feather Road right-of-way. A twenty-five (25)-foot building setback shall be provided from the Apple Bear Road right-of-way and a zero (0)-foot building setback in the rear property.

P14. Lighting fixtures throughout the site shall be of a type and be located in such a manner that no light or reflected glare is directed off-site and shall provide that no light is directed above a horizontal plane passing through the bottom of the fixture.

All glare shall be directed onto the site and away from adjacent properties.

P15. Light standards shall blend architecturally with buildings, pedestrian areas and other hardscape elements.

P16. All lighting used in parking lots for security purposes or safety-related uses shall be scheduled so light rays emitted by the fixture are projected below the imaginary horizontal plane passing through the lowest point of the fixture and in such a manner that the light is directed away from streets and adjoining properties.

P17. Screening on the Major 1 building loading dock area shall be screened from the east right-of-way with a decorative wall or other material that is compatible with the architecture of the building.

P18. The approval of Special Use Permit SUP 2022-002 authorizes the inclusion of drive-through uses Shop 1, Pad 2, and Pad 3. It shall also authorize the construction of a carwash on Pad 1.

P19. Drive-through stacking lanes shall be shown with appropriate striping to designate the drive-through or with signs identifying the drive aisle lanes, subject to review and approval by the Planning Division.

P20. Placement of menu boards for the drive-through facilities shall be reviewed and approved by the Planning Division prior to issuance of building permits. The placement of the menu boards shall be sensitive to the view from the street.

P21. A combination of dense landscaping and berming shall be provided to buffer drivethrough lanes and windows that are visible from the adjacent Road or Arterial.

P22. Bricks, pavers, or decorative stamped concrete shall be used to accent and highlight street entries, corners and pedestrian walkways in parking areas and plaza or focal areas.

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P23. Outdoor furniture shall be provided by Major Building 1.

P24. Landscaping shall be installed with appropriate combinations of drought tolerant trees, shrubs, and ground cover, consistent with Chapter 9.75, Water Conservation Landscape Regulations, of this Code.

P25. Final landscape and irrigation plans shall be submitted and installed prior to issuance of occupancy permits, subject to approval by the Planning Division.

P26. All front building setbacks and street right-of-way areas located between on-site improvements and the back of existing or future public sidewalks or street curbs, except needed access driveways, shall be fully landscaped.

P27. All required and installed landscaping shall incorporate and maintain a functioning automatic sprinkler system, and said landscaping shall be maintained in a neat, orderly, disease and weed free manner at all times.

P28. The rendering(s) presented to and approved by the Planning Commission at the public hearing shall be the anticipated and expected appearance of the structure upon completion.

P29. All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open.

P30. The premises shall be maintained in a clean, weed-free and disease-free manner at all times.

P31. All identification signs shall have a separate permit and are subject to final approval by the Town Planning Division.

P32. The Planning Division shall review and approve the design of the Major building, multi-tenant shops, and building pads and minor changes to the elevations only if they are consistent with the overall appearance and intent of the center design approved by the Planning Commission.

P33. An agreement to grant reciprocal vehicular and pedestrian ingress/egress, parking and circulation access easements shall be submitted to extend over and across those areas designated as driveways, driving lanes, parking areas and pedestrian walkways of the respective parcel and with the existing commercial parcels. This agreement shall be submitted prior to, or conjunction with, the recordation of Final Map No. 20473.

P34. No major deviation, modification, alteration, adjustment, or revision to or from the appearance, location, fixtures, features, or appurtenances thereto of any type or extent shall be approved without said changes being first submitted to the Planning

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Commission for consideration and approval. Said review shall not rise to the level of a revision to the original Permit or other discretionary review, therefore necessitating a new public hearing, but shall, instead, constitute a clarification of the Planning Commission's original approval.

P35. Mitigation measures listed in the Mitigated Negative Declaration shall be made conditions of this project.

Engineering Division Conditions of Approval
EC1. Prior to issuance of a grading permit, a final drainage plan with street layouts shall be submitted for review and approval by the Town Engineer showing provisions for receiving and conducting offsite and onsite tributary drainage flows around or through the site in a manner which will not adversely affect adjacent or downstream properties. This plan shall consider retaining onsite drainage flows from a 100- year design storm.

EC2. Street improvement plans shall be submitted to the Town Engineer for review and approval.

EC3. All streets abutting the development shall be improved to a minimum half width of 28 feet with curb and gutter and sidewalk on the development side.

EC4. Bear Valley Road adjacent to the property shall be improved to the Town's halfwidth Major Divided Arterial Street standards.

EC5. A Class 1 Bike Path shall be constructed to Town’s Standards along the south side of Bear Valley Road.

EC6. Flying Feather Road adjacent to the property shall be improved to the Town's fullwidth Industrial/Commercial Local Street standards.

EC7. A 72-ft wide half-width road dedication along Bear Valley Road adjacent to the property shall be granted to the Town of Apple Valley prior to Final Map approval.

EC8. A 66-ft wide full-width road dedication along Flying Feather Road adjacent to the property shall be granted to the Town of Apple Valley prior to Final Map approval.

EC9. A 60-ft wide full-width road dedication along Apple Bear Road within the property shall be designated as a “Private Road” prior to Final Parcel Map approval.

EC10. The Traffic Signal at the intersection of Apple Bear Road and Bear Valley Road shall be modified/upgraded to accommodate the project as approved by the Town Engineer.

EC11. During the grading of the roads, soils testing of the road subgrades by a qualified

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soils engineering firm shall be performed to determine appropriate structural road section. Minimum asphalt concrete thickness for all streets shall be 0.33 ft.

EC12. All required improvements shall be bonded in accordance with Town Development Code unless constructed and approved prior to approval and recordation of the Final Parcel Map.

EC13. An encroachment permit shall be obtained from the Town prior to performing any work in any public right of way.

EC14. Final improvement plans and profiles shall indicate the location of any existing utility which would affect construction and shall provide for its relocation at no cost to the Town.

EC15. A final grading plan shall be submitted to the Town Engineer prior to issuance of a grading permit for review and approval. A grading permit shall not be issued until street improvement plans have been submitted to the Town Engineer for review and substantial completion of the street plans has been attained as determined by the Town Engineer.

EC16. Prior to Town acceptance of the Final Map, Subdivider shall present evidence to the Town Engineer that he has made a reasonable effort to obtain a noninterference letter from any utility company that may have rights of easement within the property boundaries.

EC17. Utility lines shall be placed underground in accordance with the requirements of the Town.

EC18. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the Town acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by Town to acquire the off-site property interests required in connection with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the Town prior to commencement of the appraisal. Additional security may be required as recommended by the Town Engineer and Town Attorney.

EC19. Traffic impact fees adopted by the Town (Ordinance No. 42) shall be paid by the developer.

EC20. Any developer fees including but not limited to drainage fees shall be paid by the developer as per Town enactment.

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EC21. Any required street striping shall be thermoplastic as approved by the Town Engineer.

EC22. The developer shall extend the raised median on Bear Valley Road eastward past the intersection of Flying Feather Road and Bear Valley Road, restricting left‐turn ingress and egress to and from Flying Feather Road, as approved by the Town Engineer.

EC23. A Storm Water Pollution Prevention Plan (SWPPP) in accordance with the National Pollutant Discharge Elimination System (NPDES) shall be required.

Building and Safety Division Conditions of Approval
BC1. An engineered grading report including soils report shall be submitted to and approved by the Building Official prior to recordation of the final map or issuance of permits for grading in excess of 1,000 cubic yards.

BC2. Grading and drainage plans must be submitted to and approved by the Building Official, Planning Department and Town Engineer prior to permit issuance.

BC3. Submit plans and obtain permits for all structures and retaining walls.

BC4. A pre-construction permit and inspection are required prior to any land disturbing activity to verify requirements for erosion control, flood hazard native plant protection and desert tortoise habitat.

BC5. A Notice of Intent (NOI) and Storm Water Prevention Plan (SWPP) must be submitted to and approved by the Engineering and Building Departments prior to issuance of a grading permit and or any land disturbance.

BC6. All utilities shall be placed underground in compliance with Town Ordinance No. 89.

BC7. All cross lot drainage requires easements and may require improvements at the time of development.

BC8. Comply with the State of California Disability Access requirements.

BC9. A pre-grading meeting is required prior to beginning any land disturbance. This meeting will include the Building Inspector, General Contractor, Grading Contractor, soils technician and any other parties required to be present during the grading process such as a Biologist and/or Paleontologist.

BC10. Dust palliative or hydro seed will be required on those portions of the site graded but not constructed (phased construction).

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BC11. Page two of the submitted building plans will be Conditions of Approval.

BC12. Construction must comply with the 2022 California Code of Regulations, Title 24,, Parts 1-12 (Building Codes).

BC13. Best Management Practices (BMP’s) are required for the site during construction.

BC14. Provide Water Quality Management Plan (WQMP) for Alternative Compliance Plan.

Public Works Conditions of Approval
PW1. Sewage disposal shall be by connection to the Town of Apple Valley sewer system. Plans must be approved by the Town of Apple Valley Public Works Department.

PW2. Submit Mylars along with three sets of approved plans upon completion of plan check. In addition, the plans must be provided in an electronic format of the Town’s choosing. These requirements are the same for the approved plans and the AsBuilt plans.

PW3. Sewer connection fees required.

Fire Protection District Conditions of Approval
Building PAD 1
FD1. The above referenced project is protected by the Apple Valley Fire Protection District. Prior to construction occurring on any parcel, the owner shall contact the Fire District for verification of current fire protection development requirements.

FD2. All new construction shall comply with applicable sections of the California Fire Code, California Building Code, and other statutes, ordinances, rules, and regulations regarding fires and fire prevention adopted by the State, County, or Apple Valley Fire Protection District.

FD3. All combustible vegetation, such as dead shrubbery and dry grasses, shall be removed from each building site a minimum distance of thirty (30) feet from any combustible building material, including the finished structure. This does not apply to single specimens of trees, ornamental shrubbery, or similar plants, which are used as ground cover if they do not form a means of transmitting fire.

California Public Resources Code, Sec. 4291
FD4. Prior to combustible construction, the development, and each phase thereof, shall have two points of paved access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations. Each of these points of

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access shall provide an independent route into the area in which the development is located.

FD5. Fire lanes shall be provided with a minimum width of twenty-six (26) feet, maintained, and identified. Twenty-six (26) feet access will start at both points of ingress and continue through the site.

FD6. A turnaround shall be required at the end of each roadway one hundred fifty (150) feet or more in length and shall be approved by the Fire District. Cul-de-sac length shall not exceed one thousand (1,000) feet.

FD7. Turning radius on all roads within the facility shall not be less than 22 feet inside and minimum of 40 feet outside turning radius with no parking on street, or 47 feet with parking. Road grades shall not exceed twelve percent (12%) unless approved by the Chief.

Apple Valley Fire Protection District Ordinance 57
FD8. Plans for fire protection systems designed to meet the fire flow requirements specified in the Conditions of Approval for this project shall be submitted to and approved by the Apple Valley Fire Protection District and water purveyor prior to the installation of said systems.

Unless otherwise approved by the Fire Chief, on-site fire protection water systems shall be designed to be looped and fed from two (2) remote points.

System Standards:
*Fire Flow 1,500 GPM @ 20 psi Residual Pressure
Duration 2 Hour(s)
Hydrant Spacing 660 Feet
*If blank, flow to be determined by calculation when additional construction information is received.

Install per A.V.F.P.D. Standard Series #101

FD9. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.

FD10. Commercial and industrial developments shall have street addresses and location approved by the Fire District. Where the building setback exceeds 200 feet from the roadway, additional non-illuminated contrasting (14) inch numbers shall be displayed at the property entrance. When these developments have rear doors of each unit, the unit number shall be a minimum of 6 inches and shall contrast with their background.

Apple Valley Fire Protection District, Ordinance 57

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FD11. A letter shall be furnished to the Fire District from the water purveyor stating that the required fire flow for the project can be met prior to the Formal Development Review Committee meeting.

FD12. Prior to issuance of building permit, the developer shall pay all applicable fees as identified in the Apple Valley Fire Protection District Ordinance.

Building PAD 2
FD1. The above referenced project is protected by the Apple Valley Fire Protection District. Prior to construction occurring on any parcel, the owner shall contact the Fire District for verification of current fire protection development requirements.

Apple Valley Fire Protection District Ordinance 57

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FD8. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.

FD9. Commercial and industrial developments shall have street addresses and location approved by the Fire District. Where the building setback exceeds 200 feet from the roadway, additional non-illuminated contrasting (12) inch numbers shall be displayed at the property entrance. When these developments have rear doors of each unit, the unit number shall be a minimum of 6 inches and shall contrast with their background.

Apple Valley Fire Protection District, Ordinance 57
FD10. A letter shall be furnished to the Fire District from the water purveyor stating that the required fire flow for the project can be met prior to the Formal Development Review Committee meeting.

FD11. Prior to issuance of building permit, the developer shall pay all applicable fees as identified in the Apple Valley Fire Protection District Ordinance.

Building PAD 3
FD1. The above referenced project is protected by the Apple Valley Fire Protection District. Prior to construction occurring on any parcel, the owner shall contact the Fire District for verification of current fire protection development requirements.

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Apple Valley Fire Protection District Ordinance 57
FD8. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.

FD11. Prior to issuance of building permit, the developer shall pay all applicable fees as identified in the Apple Valley Fire Protection District Ordinance.

Building Shops 1
FD1. The above referenced project is protected by the Apple Valley Fire Protection District. Prior to construction occurring on any parcel, the owner shall contact the Fire District for verification of current fire protection development requirements.

FD3. All combustible vegetation, such as dead shrubbery and dry grasses, shall be removed from each building site a minimum distance of thirty (30) feet from any

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combustible building material, including the finished structure. This does not apply to single specimens of trees, ornamental shrubbery, or similar plants, which are used as ground cover if they do not form a means of transmitting fire.

Unless otherwise approved by the Fire Chief, on-site fire protection water systems shall be designed to be looped and fed from two (2) remote points.

System Standards:
*Fire Flow 1,500 GPM @ 20 psi Residual Pressure
Duration 2 Hour(s)
Hydrant Spacing 330 Feet
*If blank, flow to be determined by calculation when additional construction information is received.

Install per A.V.F.P.D. Standard Series #101

FD10. Commercial and industrial developments shall have street addresses and location approved by the Fire District. Where the building setback exceeds 200 feet from

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the roadway, additional non-illuminated contrasting (14) inch numbers shall be displayed at the property entrance. When these developments have rear doors of each unit, the unit number shall be a minimum of 6 inches and shall contrast with their background.

Apple Valley Fire Protection District, Ordinance 57
FD11. A letter shall be furnished to the Fire District from the water purveyor stating that the required fire flow for the project can be met prior to the Formal Development Review Committee meeting.

FD12. Prior to issuance of building permit, the developer shall pay all applicable fees as identified in the Apple Valley Fire Protection District Ordinance.

Building Major 1
FD1. The above referenced project is protected by the Apple Valley Fire Protection District. Prior to construction occurring on any parcel, the owner shall contact the Fire District for verification of current fire protection development requirements.

FD7. Turning radius on all roads within the facility shall not be less than 22 feet inside

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and minimum of 40 feet outside turning radius with no parking on street, or 47 feet with parking. Road grades shall not exceed twelve percent (12%) unless approved by the Chief.

Unless otherwise approved by the Fire Chief, on-site fire protection water systems shall be designed to be looped and fed from two (2) remote points.

System Standards:
*Fire Flow 2,125 GPM @ 20 psi Residual Pressure
Duration 2 Hour(s)
Hydrant Spacing 330 Feet
*If blank, flow to be determined by calculation when additional construction information is received.

Install per A.V.F.P.D. Standard Series #101
FD9. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.

FD10. Commercial and industrial developments shall have street addresses and location approved by the Fire District. Where the building setback exceeds 200 feet from the roadway, additional non-illuminated contrasting (18) inch numbers shall be displayed at the property entrance. When these developments have rear doors of each unit, the unit number shall be a minimum of 6 inches and shall contrast with their background.

FD12. Prior to issuance of building permit, the developer shall pay all applicable fees as identified in the Apple Valley Fire Protection District Ordinance.

Liberty Utilities Conditions of Approval
LU1. Offsite water mains do not exist on Flying Feather Road and the south side of Bear Valley Road fronting this development.

LU2. Water mains must be extended to provide fire protection for this development in accordance with Apple Valley Fire Protection District's conditions.

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LU3. Water main extension contract between the developer and Liberty Apple Valley is required and must comply with Rule 15 of the California Public Utilities Commission. Subject to the terms of the contract, the cost of facilities installed as advances will be reimbursed to the developer at 2.5 percent per year for 40 years with no interest. Extend 12" diameter pipeline approximately 575 feet along Flying Feather Road and about 600 feet along Bear Valley Road to the west connecting to an existing main near Westmont Drive and Bear Valley Road.

LU4. Offsite fire hydrants are required to be located in accordance with Apple Valley Fire Protection District's requirements and installed per Liberty Apple Valley standard drawings.

LU5. Fire hydrants required onsite will be installed in accordance with Apple Valley Fire Protection District's requirements.

LU6. Fire service lines are required for this development and will be installed in accordance with Apple Valley Fire Protection District's conditions and must comply with Rule 16 of the California Public Utilities Commission. Approved and tested customer owned backflow protection device is required.

LU7. The water lines and appurtenances required are to be installed in accordance with Libe1ty Apple Valley standards and specifications.

LU8. Water facilities need to be installed in dedicated public Rights-of-Ways and/or public utility easements and need to be identified and shown on the water improvement plans. These dedications and/or easements are needed to install, maintain, repair, connect, operate and inspect the proposed water facilities with unobstructed vehicular access.

LU9. Domestic service lines will be installed from the existing water main to the street right-of-way line that fronts this development. Approved and tested customer owned backflow protection device is required.

LU10. Supply Facility Fee is required, which will fund development of new wells. This fee will be collected on a per meter basis, which is presently at a rate of $1,030 per 5/8" equivalent meter.

LU11. Supplemental Water Acquisition Fee is also required in order for Liberty to have the water rights to provide water to this project. This is a one-time charge that is subject to change, to be determined at the time of construction. Presently, this fee is $5,665 per residential lot or equivalent average residential water use.

End of Conditions

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TOWN OF APPLE VALLEY PLANNING DIVISION

ACKNOWLEDGEMENT AND ACCEPTANCE

OF CONDITIONS
Date: August 17, 2023
Case No: Special Use Permit 2022-002, Development Permit DP2022-004, &Tentative Parcel Map TPM 20473
Applicant: Matt Bush
Wood Investment Companies
2950 Airway Avenue, Suite 9
Costa Mesa, CA 92307
I, , do hereby state that I acknowledge the receipt of the Conditions of Approval for Special Use Permit SUP 2022-002, Development Permit DP 2022-004, &Tentative Parcel Map TPM 20473 approved by the Planning Division on August 17, 2023. I do hereby agree to, accept, and abide by all Conditions as set forth by the Town of Apple Valley Planning Division's approval of Special Use Permit SUP 2022-002, Development Permit DP 2022-004, & Tentative Parcel Map TPM 20473 as identified in the attachments to the approval letter dated August 17, 2023. It is also understood that any changes to the approved plans shall require prior written approval by the Town.

A copy of the Conditions of Approval must be on site of the event.

Applicant Signature Date
Matthew Bush
10-11-23

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Town Council Agenda Report
Date: April 8, 2025
To: Honorable Mayor and Town Council
Subject: ACCEPT THE FINAL MAP FOR PARCEL MAP NO. 20457, RYLAR

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

RECOMMENDED ACTION
Approve the final map Parcel Map No. 20457.

BACKGROUND
The applicant, Rylar Investments, has complied with all conditions of approval placed on Tentative Parcel Map No. 20457. This request is to subdivide approximaelty 3 acres into four (4) parcels. The site is located at the south side of Geronimo Road at Highland Drive.

The Planning Commission reviewed and approved the Tentative Parcel Map on November 5, 2022.

FISCAL IMPACT
No Financial Impact, the applicant paid all fees

ATTACHMENTS
A. Location Map.

B. Parcel Map 20457
C. Planning Commission Staff Report

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Location Map

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RYLAR INVESTMENTS INC., A CALIFORNIA CORPORATION
BY: , DEPUTYSAN BERNARDINO COUNTYAUDITOR-CONTROLLER/TREASURER/TAX COLLECTORENSEN MASON DATE:

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO

LIENS AGAINST THE REAL PROPERTY SHOWN UPON THIS MAP FOR UNPAID STATE, COUNTY, MUNICIPAL

OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS NOT YET PAYABLE, ESTIMATED TO BE $ .

DATE:

LYNNA MONELLCLERK OF THE BOARD OF SUPERVISORSSAN BERNARDINO COUNTY I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN EXECUTED AND FILED

WITH THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, CONDITIONED

UPON PAYMENT OF ALL TAXES (STATE, COUNTY, MUNICIPAL, OR LOCAL) AND ALL SPECIAL ASSESSMENTS,

COLLECTED AS TAXES, WHICH AT THE TIME OF THE FILING OF THIS MAP WITH THE SAN BERNARDINOCOUNTY ASSESSOR-RECORDER-COUNTY CLERK ARE A LIEN AGAINST SAID PROPERTY, BUT NOT YET PAYABLE; AND THAT THE SUBDIVIDER HAS FILED WITH ME A CERTIFICATE BY THE PROPER OFFICER GIVINGHIS ESTIMATE OF THE AMOUNT OF SAID TAXES AND SPECIAL ASSESSMENTS; AND SAID BOND IS HEREBY ACCEPTED.

BOARD OF SUPERVISOR'S CERTIFICATE
I HEREBY STATE THAT I HAVE EXAMINED THE ENTITLED PARCEL MAP NO. 20457, THAT THE SUBDIVISION IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE PARCEL MAP AND ANY APPROVED

ALTERATIONS THEREOF, THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT OF THE STATE OF

CALIFORNIA AND OF ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE PARCEL MAP, IF REQUIRED, HAVE BEEN COMPLIED WITH.

LICENSED LAND SURVEYONR ER D B. WAR I VAD
No. 8244

STATE OF CALIFORN IA
THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBERTHIS DAY OF , 20 , AT .M. IN

BOOK OF AT PAGES ,
AT THE REQUEST OF IN THE AMOUNT OF $ . BY:

DEPUTY RECORDER

CHRIS WILHITEASSESSOR - RECORDERCOUNTY OF SAN BERNARDINO

OWNER'S STATEMENT

I HEREBY STATE THAT THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, BY A MOTION DULY SECOND AND PASSED, APPROVED THE ATTACHED PARCEL MAP NO. 20457 ON THE DAY OF , 2025 AND ALSO, PURSUANT TO SECTION 66499.20.2 OF THE SUBDIVISION MAP ACT, THE APPROVAL AND RECORDATION OF THIS PARCEL MAP CONSTITUTES ABANDONMENT OF THE ROAD EASEMENT DOCUMENTNO. 83-067144, O.R., AS SHOWN ON THIS MAP.

DATE:

DATED:TOWN ENGINEER'S STATEMENT
TOWN ENGINEER, TOWN OF APPLE VALLEYRICHARD H. PEDERSEN, RCE 46087

TOWN COUNCIL'S ACCEPTANCE CERTIFICATE

LA VONDA MURPHY-PEARSON

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
SURVEYOR'S STATEMENTDAVID B. WARREN, L.S. 8244

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED ON A FIELD SURVEY IN

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF RYLAR INVESTMENTS INC. IN DECEMBER, 2022. I HEREBY STATE THAT ALL THE MONUMENTS

ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, AND THAT THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS PARCEL MAP SUBSTANTIALLYCONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY.

I HEREBY STATE THAT I AM ALL AND THE ONLY PARTY HAVING ANY RECORD TITLE INTEREST IN THE LAND SUBDIVIDED AS SHOWN ON THIS MAP AS REQUIRED BY SECTION 66445(e) OF THE SUBDIVISION MAP ACT, AND I CONSENT TO THE PREPARATION AND RECORDATION OF THIS PARCEL MAP.LISA CARLUCCI, DIRECTOR BEING A DIVISION OF A PORTION OF THE WEST ONE-HALF OF SECTION 32, T5N, R3W, S.B.M.

STATE OF CALIFORNIA
SHEET 1 OF 2 SHEETS
PARCEL MAP NO. 20457

IN THE TOWN OF APPLE VALLEY, COUNTY OF SAN BERNARDINO,
HIGH DESERT MAPPING DECEMBER, 2022

TOWN CLERK, TOWN OF APPLE VALLEY

NOTARY ACKNOWLEDGEMENT

SIGNATURE

PRINT NAME

STATE OF CALIFORNIA )
)SS

COUNTY OF )ON BEFORE ME, , A NOTARY PUBLIC, PERSONALLY

APPEARED
,WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)

IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY

EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR

SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITYOF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOTTHE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

MY PRINCIPAL PLACE OF BUSINESS ISIN COUNTYMY COMMISSION NO.MY COMMISSION EXPIRES:

DATE:DATE:AMELIA PAULA PEREIRA, PLS 8493TOWN SURVEYOR, TOWN OF APPLE VALLEY

TOWN SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE MAP ENTITLED PARCEL MAP NO. 20457 AND THAT I AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT.

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FD. 1" IP, LS 3980

0.15' EAST OF TRUE POSITIONUSED AS E-W LINE, DN. 0.4'
UP 0.6'FD. 1" IP, LS 3980
ILLEGIBLE, DN. 0.2'FD. 1" IP W/PLASTIC CAP,
FD. 1" IP, LS 3980PER MB 307/27-29,
FD. 1" IP, LS 7560NO REFERENCE,
PARCEL 1

0.77 AC (GROSS) 0.77 AC (GROSS)
PARCEL 2

0.77 AC (GROSS)
PARCEL 3

0.77 AC (GROSS)
PARCEL 4
15 1.23
'
(15
1 .
3 0
PERR3)
(151.
28'
PE
R
R
1)
3 0
.
0 0
'
151.10' 30.00'
744.79' (744.78' PER R2)

47.78' 174.94' (174.92' PER R2)
43 9.18'
(439.
46'
PE
R
R
1 )
181
.23'
PER PMB 232/52-54
PER PMB 163/11-12 SEARCHED, NOTHING FOUND
ACCEPTED PER MB 282/38-44
DN. 0.2'
FD. 1" IP W/PLASTIC CAP,ILLEGIBLE, ACCEPTED PER PMB 232/52-54,FLUSH

SEARCHED, NOTHING FOUND
N 89°56'35" W 967.50' (N 89°56'35" W PER R1) (N 89°58'08" W 967.48' PER R2) N00°
03'
07"E
620
.42'
(N00°0
2 1
'7"E
62 0.51
'P
E
R
R3
)
N 89°57'13" W 744.74' (N 89°57'13" W PER R1)
N 00°03'59" E 181.10'
792.57' (792.56' PER R2)
(47.78'
PER R2)
(N00
°
0 1'0
1"
E
P
E
R
R2
)
(N 00°02'26" E PER R2)
744.78'
186.20' 186.19' 186.19' 186.20'
186.19' 186.18' 186.18' 186.19'
ESTABLISHED BY THE INTERSECTION OFRECORD ANGLE FROM THE CENTERLINEOF GERONIMO ROAD PER R2 WITH THERECORD BEARING OF THE SOUTH LINEPER R1, SET CONC NAIL & TAG IN TOP 186.19' 186.20' 186.20' 186.20'

0.65 AC (NET) 0.65 AC (NET) 0.65 AC (NET) 0.65 AC (NET) N00°
03'
17"E
1 81
.20
'
N00
°0
3'3
1"
E
1 81.17
'
N0
0 °0
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4 5
"E
181.13'
151.
20'
151.
17 '
15 1
.1
3'
FLUSH

HIGHLIN
E
DRVI E
SA
R

SI PLACE
99 98
TRACT 14846, MB 282/34-44
LOT 1
PM 12818, PMB 163/11-12 TRACT NO. 20409, MB 359/67-68
PARCEL 1
PARCEL 3
PM 18893, PMB 232/52-54
PARCEL 4
PM 12818, PMB 163/11-12
PARCEL 3
LOT 15LOT 14
TRACT NO. 14994, MB 307/27-29
30' ROAD & UTILITY EASEMENT TOWILBUR E. MESSENGER PER BK.7747/67, O.R. 7747/67, O.R.WILBUR E. MESSENGER PER BK.
30' 40' ROAD & UTILITY EASEMENT TO
ROAD EASEMENT PER DOC. NO.83-067144, O.R.TO BE VACATED ON THIS MAP 30GERONIMO ROAD '

PAH-UTE ROAD

OF BLOCK WALL

SET CONC NAIL & TAGIN WALL FOOTING

SEARCHED, NOTHING FOUND

SEARCHED, NOTHING FOUND
83-067144, O.R.ROAD EASEMENT PER DOC. NO.

50.00'
R=20.00'
Δ=90°00'18"
L=31.42'
13 1.23'

SEARCHED, NOTHING FOUND,SET MAG SPIKE WITH ALUMINUM
WASHER STAMPED LS 8244

SEARCHED, NOTHING FOUND,

ESTABLISHED BY PRORATION PER MB
307/27-29, SET MAG SPIKE WITH
ALUMINUM WASHER STAMPED LS 8244
BEING A DIVISION OF A PORTION OF THE WEST ONE-HALF OF SECTION 32, T5N, R3W, S.B.M.

STATE OF CALIFORNIA
SHEET 2 OF 2 SHEETS
PARCEL MAP NO. 20457

IN THE TOWN OF APPLE VALLEY, COUNTY OF SAN BERNARDINO,
HIGH DESERT MAPPING DECEMBER, 2022
(R3) INDICATES RECORD DATA PER PMB 232/52-54(R2) INDICATES RECORD DATA PER MB 307/27-29 SURVEYOR'S NOTES:

INDICATES MONUMENT FOUND AS NOTEDINDICATES 1" IRON PIPE, 18" LONG, SET AND TAGGEDWITH BRASS TAG STAMPED L.S. 8244, UNLESS OTHERWISE NOTED (R1) INDICATES RECORD DATA PER PMB 163/11-12

BASIS OF BEARINGS TAKEN FROM THE CENTERLINE OF
GERONIMO ROAD AS SHOWN ON PMB PMB 163/11-12
BEING N 89°56'35" W
SCALE: 1" = 50'

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Tentative Parcel Map No. 20457
April 6, 2022 Planning Commission Meeting
3-1
Planning Commission Agenda Report
Date: April 6, 2022 Item No. 3
To: Planning Commission
Case Number: Tentative Parcel Map No. 20457
Applicant: Altec Engineering
Proposal: A request to approve a Tentative Parcel Map to create four parcels from 3.1 acres within the Single Family Residential (SFR) District Location: The project site is located on the south side of Geronimo Road, approximately 1,200 feet east of Deep Creek Road (APN: 3087-201- 03)
Environmental
Determination: Staff had determined that, pursuant to the Guidelines to Implement the California Environmental Quality Act (CEQA) Section 15315, Minor Land Division, the proposed request is Exempt from further environmental review.

Prepared By: Daniel Alcayaga, AICP, Planning Manager
Recommendation: Approval

PROJECT SITE AND DESCRIPTION
A. Project Size:

The existing parcel is approximately 3.1 acres in size.

B. General Plan Designations:

Project Site - Single Family Residential (R-SF)
North - Single Family Residential (R-SF)
South - Single Family Residential (R-SF)
East - Single Family Residential (R-SF)
West – Single Family Residential (R-SF)

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Tentative Parcel Map No. 20457
April 6, 2022 Planning Commission Meeting
3-2
C. Surrounding Zoning and Land Use:

Project Site - Single Family Residential (R-SF), Vacant Lot North – Single Family Residential (R-SF), Partially vacant/developed South - Single Family Residential (R-SF), Single-family residence East - Single Family Residential (R-SF), Single-family residence West - Single Family Residential (R-SF), Single-family residence D. Site Characteristics:

The existing site is currently vacant and consists mainly of sparse vegetation. The property is relatively flat with no apparent drainage courses. The surrounding properties consists of residential properties on all sides, except properties to the north consists of both vacant lots as well as properties with existing single-family residences.

ANALYSIS
A. General:

The applicant is requesting Planning Commission review and approval of a Tentative Parcel Map that will subdivide 3.1 acres into four (4) lots. The project is located within the Single Family Residential (R-SF) zoning designation and proposes a minimum lot size of 28,000 square feet. The R-SF zoning designation requires that each lot is a minimum of 18,000 square feet or .4 net acre in size, with a minimum lot width of 100 feet and a minimum lot depth of 150 feet.

The lot configurations proposed are consistent with the requirements shown in Table 9.28.040-A Site Development Standards of the Town’s Municipal Code. The proposed lots comply with the Development Code standards.

1. Traffic and Circulation
The project site has approximately 745 feet of frontage on Geronimo Road, which is a paved road allowing access to the proposed subdivision.

Development Code Section 9.71.020 – General Subdivision Standards states the following:
“D.1 Street layout and design shall be consistent with the Circulation Element of the General Plan and surrounding developments, except that curbs, gutters and sidewalks shall not be required for parcel map recordation unless specifically conditioned by the Commission for consistency with surrounding development at the time of Tentative Parcel Map approval.”
The proposed subdivision is located along Geronimo Road, between Deep Creek Road and Pocono Road from which the majority of the south side of the road is improvement with curb, gutter, and sidewalks. It is recommended that the Planning Commission require curb, gutter, and sidewalk to match improvements with the existing subdivisions to the south, west and east.

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Tentative Parcel Map No. 20457
April 6, 2022 Planning Commission Meeting
3-3

2. Drainage
Prior to issuance of a grading permit, a final drainage plan shall be submitted for review and approval by the Town Engineer showing provisions for receiving and conducting off-site and on-site tributary drainage flows around or through the site in a manner which will not adversely affect adjacent or downstream properties. The proposal is required to retain onsite drainage flows from a 100-year design storm.

3. Sewer Connection
The proposed subdivision will be required to connect to sewer, as sewer exists along the project frontage on Geronimo Road.

Based upon the information provided, implementation of development standards and Conditions of Approval, the proposed four (4)-lot subdivision will not produce adverse impacts upon the site nor surrounding properties. The project site is designated for single-family development and is within the R-SF zone. Adjacent to the project site are Single Family Residential (R-SF) zoning designations, which will allow the property owner to develop the site in a manner that is consistent with the Town’s goals and objectives to promote single-family residential development.

B. Environmental Assessment:

Pursuant to Section 15315 of the Guidelines to Implement the California Environmental Quality Act (CEQA), Minor Land Division, the proposed request is Exempt from further environmental review.

C. Noticing:

The public hearing for proposed Tentative Parcel Map No. 20369 was legally noticed on March 25, 2022.

D. Findings:

In considering any Tentative Parcel Map, the Commission is required by the Development Code to make specific Findings. The following are the Findings for a Tentative Parcel Map required under Section 9.71.040 (A5) of the Development Code and a comment to address each:

1. The proposed Subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and any applicable Specific Plan. The proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan (Subdivision Map Act 66473.5).

Comment: The subject property has a General Plan land use and zoning designations Single Family Residential (R-SF) and, by its size, shape and configuration, the property has the ability to be used in a manner consistent with the General

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Tentative Parcel Map No. 20457
April 6, 2022 Planning Commission Meeting
3-4
Plan Land Use Element and zoning designations. The
project is a proposal to divide 3.1 acres into four lots and, with adherence to the recommended conditions, will meet the minimum requirements for lot size, width and depth as prescribed by the Code.

2. The Planning Commission has considered the effects of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Subdivision Map Act Section 66412.3).

Comment: The proposal consists of a land subdivision located on residentially designated land for the purpose of future residential development at the density allowed by the
underlying zoning (.4 to .9 dwelling units per acre). The proposed subdivision will allow the property owner to
develop the property in a manner that is consistent with the Town’s General Plan Goals and Objectives to promote
single-family residential development.

3. The design of the subdivision provides, to the extent feasible, for the future passive or natural heating or cooling opportunities in the subdivision.

Comment: The lots created under this subdivision are appropriate in size to provide natural heating and cooling opportunities for development of the site. As development occurs, the
individual lots are subject to the implementation of natural heating and cooling requirements pursuant to Title 24
energy requirements.

4. The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into the existing sewer system would result in a violation of the requirements as set forth in Section 13000 et seq., of the California Water Code. If the Planning Commission finds that the proposed waste discharge would result, in or add to, a violation of said requirements; the Planning Commission may disapprove the subdivision (Subdivision Map Act Section 66474.6).

Comment: The project is a residential land subdivision. Public sewer is available to site at this time and will required to connect to sewer consistent with all laws.

RECOMMENDATION
Based upon the information contained within this report, and any input received from the public at the hearing, it is recommended that the Planning Commission move to:

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Tentative Parcel Map No. 20457
April 6, 2022 Planning Commission Meeting
3-5

1. Find that pursuant to the California Environmental Quality Act (CEQA), Section No. 15315, the proposed request is Exempt from further environmental review.

2. Find the Facts presented in the staff report support the required Findings for approval and adopt the Findings.

3. Approve Tentative Parcel Map No. 20457, subject to the attached Conditions of Approval.

4. Direct Staff to file the Notice of Exemption.

ATTACHMENTS:

1. Recommended Conditions of Approval

2. Tentative Parcel Map

3. Zoning Map

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Tentative Parcel Map No. 20457
April 6, 2022 Planning Commission Meeting
3-6

TOWN OF APPLE VALLEY

RECOMMENDED CONDITIONS OF APPROVAL
Tentative Parcel Map No. 20457
Please note: Many of the suggested Conditions of Approval presented herewith are provided for informational purposes and are otherwise required by the Municipal Code.

Failure to provide a Condition of Approval herein that reflects a requirement of the Municipal Code does not relieve the applicant and/or property owner from full conformance and adherence to all requirements of the Municipal Code.

Planning Division Conditions of Approval
P1. This tentative subdivision shall comply with the provisions of the State Subdivision Map Act and the Town Development Code. This tentative approval shall expire three (3) years from the date of approval by the Planning Commission/Town Council. A time extension may be approved in accordance with the State Map Act and Town Ordinance, if an extension application is filed and the appropriate fees are paid thirty (30) days prior to the expiration date. The Tentative Parcel Map becomes effective ten (10) days from the date of the decision unless an appeal is filed as stated in the Town’s Development Code.

P2. Prior to approval of the Final Map, the following agencies shall provide written verification to the Planning Division that all pertinent conditions of approval and applicable regulations have been met:
a. Apple Valley Fire Protection District
b. Golden State Water Company
c. Apple Valley Public Works Division
d. Apple Valley Engineering Division
e. Apple Valley Planning Division
P3. The filing of a Notice of Exemption requires the County Clerk to collect a documentary handling fee of fifty dollars ($50.00). The fee must be paid in a timely manner in accordance with Town procedures. The check shall be delivered to the Planning Division for processing and be made payable to the Clerk of the Board of Supervisors, 385 North Arrowhead, 2nd Floor, San Bernardino, CA 92415.

P4. Tentative Parcel Map No. 20457 shall adhere to all requirements of the Development Code.

P5. The applicant shall defend at his sole expense (with attorneys approved by the

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Tentative Parcel Map No. 20457
April 6, 2022 Planning Commission Meeting
3-7
Town) and indemnify the Town against any action brought against the Town, its agents, officers or employees resulting from or relating to this approval. The applicant shall reimburse the Town, its agents, officers or employees for any judgment, court costs and attorney's fees which the Town, its agents, officers or employees may be required to pay as a result of such action. The Town may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of these obligations under this condition.

P6. Approval of the Tentative Parcel Map No. 20457 by the Planning Commission is understood as acknowledgement of Conditions of Approval by the applicant, unless an appeal is filed in accordance with Section 9.12.250, Appeals, of the Town of Apple Valley Development Code.

P7. Development of the parcel is subject to the Town’s Interim Local Policy and Procedures on the Western Joshua Tree published July 21, 2021 or amendment thereof.

P8. The project shall conform to the Single Family Residential (R-SF) development standards for front, side and rear yard-building setbacks.

P9. If the tract/parcel map is adjacent to existing development, a fence/wall plan shall be submitted with the grading and landscape/irrigation plans to identify how new fencing or walls will relate to any existing fences or walls located around the perimeter of the tract/parcel map. The developer shall be required to connect to the existing fencing/walls or collaborate with the adjacent property owners to provide new fencing/walls and remove the existing fence/wall, both options at the developer’s expense. Double fencing shall be avoided and review and approval of the fencing/wall plan is required prior to issuance of grading permits.

P10. All new development of residential structures shall be designed and constructed in compliance with the “Single Family Infill Plotting Criteria” and will be subject to the review and approval by the Planning Division.

P11. Landscape and irrigation plans shall be submitted prior to the issuance of Building Permits in accordance with Chapter 9.31 “Residential Design Standards” and Chapter 9.75 “Water Conservation/Landscape Regulations” of the Development Code and installed prior to issuance of occupancy permits subject to approval by the Planning Division.

Environmental & Regulatory Compliance Conditions of Approval ER1. Pursuant to AVMC § 8.19.020(a) et seq., the construction contractor shall complete and submit a Waste Management Plan ("WMP"), on a WMP form approved by the Town for this purpose as part of the application packet for the building or tenant improvement permit.

ER2. Pursuant to AVMC § 8.19.050 and prior to the issuance of a Certificate of

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Tentative Parcel Map No. 20457
April 6, 2022 Planning Commission Meeting
3-8
Occupancy, the contractor shall submit documentation proving that the project has met the diversion requirement. The diversion requirement shall be at least fifty percent (50%) of the total C&D debris generated by the project via reuse or recycling.

ER3. Pursuant to AVMC § 6.20.021, each occupied residential household shall participate in the Town's solid waste and recyclables collection service offered by the Town's franchise solid waste hauler. Contact Burrtec Waste Industries at (760)245-8607 for further information.

ER4. Pursuant to AVMC 6.20.160, each and every residential unit shall provide adequate screening for at least one trash, one recyclables and, in anticipation of SB 1383, one organics waste cart.

Engineering Division Conditions of Approval
EC1. A final drainage plan with street layouts shall be submitted for review and approval by the Town Engineer showing provisions for receiving and conducting offsite and onsite tributary drainage flows around or through the site in a manner which will not adversely affect adjacent or downstream properties. This plan shall consider reducing the post-development site-developed flow to 90 percent of the predevelopment flow for a 100 year design storm. (Town Resolution 2000-50; Development Code 9.28.050.C, 9.28.100)
EC2. Street improvement plans shall be submitted to the Town Engineer for review and approval.

EC3. All streets abutting the development shall be improved a minimum half-width of 28 feet with curb and gutter and sidewalks on the development side.

EC4. The street Geronimo Road shall be improved to the Town's half-width local street standards adjacent to the project boundaries.

EC5. During the grading of the roads, soils testing of the road sub-grades by a qualified soils engineering firm shall be performed to determine appropriate structural road section. Minimum asphalt concrete thickness for all streets shall be 0.25 ft.

EC6. All required improvements shall be bonded in accordance with Town Development Code unless constructed and approved prior to approval and recordation on the Final Map.

EC7. An encroachment permit shall be obtained from the Town prior to performing any work in public rights of way.

EC8. Final improvement plans and profiles shall indicate the location of any existing utility which would affect construction and shall provide for its relocation at no cost to the Town.

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Tentative Parcel Map No. 20457
April 6, 2022 Planning Commission Meeting
3-9
EC9. A final grading plan shall be submitted to the Town Engineer prior to issuance of a grading permit for review and approval. A grading permit shall not be issued until street improvement plans have been submitted to the Town Engineer for review and substantial completion of the street plans has been attained as determined by the Town Engineer.

EC10. Utility lines shall be placed underground in accordance with the requirements of the Town.

EC11. Traffic impact fees pursuant to Town Ordinance No. 42 shall be paid by the developer.

EC12. Any developer fees such as drainage fees shall be paid by the developer.

EC13. The 30’ wide road easement for Quapaw Road shall be vacated.

Building and Safety Department Conditions of Approval
BC1. An engineered grading report including soils report shall be submitted to and approved by the Building Official prior to recordation of the final map or issuance of permits for grading in excess of 1000 cubic yards.

BC2. Grading and drainage plans including a soils report must be submitted to and approved by the Building Department and Engineering Department prior to grading permit issuance.

BC3. Submit plans, engineering, and obtain permits for all structures, retaining walls, signs…
BC4. A pre-construction permit and inspection are required prior to any land disturbing activity to verify requirements for erosion control, flood hazard, native plant protection, and desert tortoise habitat.

BC5. A Notice of Intent (NOI) and a Storm Water Prevention Plan (SWPP) must be submitted to and approved by the Engineering and Building Departments prior to issuance of a grading permit and/or any land disturbance.

BC6. All utilities shall be placed underground in compliance with Town Ordinance No. 89.

BC7. All cross lot drainage requires easements and may require improvements at the time of development.

Fire Protection District Conditions of Approval
FD1. The above referenced project is protected by the Apple Valley Fire Protection District. Prior to construction occurring on any parcel, the owner shall contact the Fire District for verification of current fire protection development requirements.

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Tentative Parcel Map No. 20457
April 6, 2022 Planning Commission Meeting
3-10
FD2. All new construction shall comply with applicable sections of the California Fire Code, California Building Code, and other statutes, ordinances, rules, and regulations regarding fires and fire prevention adopted by the State, County, or Apple Valley Fire Protection District.

FD3. The development and each phase thereof shall have two points of paved access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations. Each of these points of access shall provide an independent route into the area in which the development is located. This shall be completed prior to any combustible construction.

FD4. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.

New dwelling addresses shall be posted with a minimum of 4-inch numbers visible from the street, and during the hours of darkness the numbers shall be internally illuminated. Where building setbacks exceed 75 feet from the roadway, additional contrasting 4-inch numbers shall be displayed at the property entrance.

FD5. Plans for fire protection systems designed to meet the fire flow requirements specified in the Conditions of Approval for this project shall be submitted to and approved by the Apple Valley Fire Protection District and water purveyor prior to the installation of said systems.

A. Unless otherwise approved by the Fire Chief, on-site fire protection water systems shall be designed to be looped and fed from two (2) remote points.

B. System Standards:
*Fire Flow 1500 GPM @ 20 psi Residual Pressure on 8” minimum water main size.

Duration 2 Hour
Hydrant Spacing 660 Feet
FD6. NFPA 13D (RESIDENTIAL AUTOMATIC FIRE SPRINKLER SYSTEM):

REQUIRED
This residence shall be constructed with an automatic fire sprinkler system (NFPA 13D) throughout the structure, including garage. Plans shall be submitted by a licensed C-16 contractor to the Fire District for review and approval along with plan review fees. Fire Sprinkler work shall not commence until plan approval and a job card have been issued. An approved fire alarm system shall be installed that will provide a local alarm for water flow to be audible throughout the premises. NOTE:

The Fire District shall be notified a minimum of 24 hours prior to the desired final inspection date.

FD7. A letter shall be furnished to the Fire District from the water purveyor stating that the required fire flow for the project can be met prior to the Formal Development Review Committee meeting.

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Tentative Parcel Map No. 20457
April 6, 2022 Planning Commission Meeting
3-11
FD8. Apple Valley Fire Protection District Final Subdivision/Tract/Development fees shall be paid to the Fire District prior to final map acceptance according to the current Apple Valley Fire Protection District Fee Ordinance.

END OF CONDITIONS

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Town Council Agenda Report
Date: April 8, 2025
To: Honorable Mayor and Town Council
Subject: CONSIDER APPROVING THE PROFESSIONAL SERVICES

AGREEMENT WITH BOB MURRAY AND ASSOCIATES
From: Douglas Robertson, Town Manager
Submitted by: Kristine Shoup, Human Resources Manager
Human Resources Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve the Professional Services Agreement with Bob Murray and Associates.

BACKGROUND
The Town is currently seeking to fill three high-level positions: (1) Director of Finance, (2) Director of Planning, and (3) Town Manager. Due to the specialized nature of these recruitments, the Town conduced a Request for Proposals seeking the services of an experienced executive search firm to ensure a successful placement process.

After careful consideration and review of qualified firms, Bob Murray & Associates was selected as our executive search firm due to their extensive experience in public sector recruitments, particularly within the Southern California region. Their proven track record in identifying and attracting top-tier candidates for similar agencies demonstrates their understanding of the unique challenges and needs of our community. Additionally, their flexible approach allows us to incorporate customized recruitment materials, ensuring that our agency's specific goals and priorities are effectively communicated to potential candidates.

ANALYSIS
The porposed Professional Services Agreement (“Agreement”) includes a flat professional fee of $21,000.00 and reimbursement of recruitment-related expenses of up to $7,000.00 for a total not-to-exceed amount of $28,000.00. Optional services may be added only with prior approval by an authorized representative of the Town.

The Agreement includes standard terms including a 12-month replacement guarantee, confidentiality protections, and indemnity requirements.

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Because the total potential costs exceeds the Town manager’s signing authority, Town Council approval is required to authorize execution of the Agreement.

FISCAL IMPACT
The fiscal impact are the cost of services, of which $21,000.00 will be paid as a flat fee to Bob Murray and Associates, with an additional up to $7,000.00 for reimbursal expenses for a total not-to-exceed of $28,000.00. Additional costs may be incurred for optional services with authorized approval.

ALTERNATIVES

1. Approve the Professional Services Agreement as recommended.

2. Deny the request.

3. Direct staff to negotiate alternative terms.

ATTACHMENTS
A. Proposed Professional Services Agreement
B. Exhibit A to the Proposed Professional Services Agreement

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(BB&K: 2-12)

TOWN OF APPLE VALLEY

PROFESSIONAL SERVICES AGREEMENT

BOB MURRAY & ASSOCIATES
PARTIES AND DATE.

This Agreement is made and entered into this 8th day of April, 2025 by and between the Town of Apple Valley, organized under the laws of the State of California (“Town”), and Bob Murray & Associates, a California corporation with its headquarters at 1544 Eureka Road, Suite 280, Roseville, California 95661 (“Consultant”). Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Town on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing executive search and recruitment services to public clients, is licensed in the State of California, and is familiar with the plans of Town.

2.2 Project.

Town desires to engage Consultant to conduct an executive recruitment for three positions:
(1) Director of Finance, (2) Director of Planning, and (3) Town Manager (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

A. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional executive search and recruitment consulting services necessary for the Project (“Services”). The Consultant agrees to perform certain services necessary for the completion of the search, which services shall include, but are not limited to, the following:
a. Develop the Candidate Profile
b. Develop Advertising Campaign and Recruitment Brochure c. Recruit Candidates
d. Screen Candidates
e. Conduct Personal Interviews
f. Conduct Public Record Search
g. Provide Recommendation

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2 h. Assist with Final Interviews
i. Conduct Detailed Reference Checks
j. Assist with Negotiations
k. Provide Complete Administrative Assistance
The Services are more particularly described in Consultant’s proposal dated February 5, 2025 attached hereto as Exhibit “A” (the “Proposal”) and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

3.1.2 Term. The term of this Agreement shall begin on the 8th of April, 2025 and shall continue until the Search is completed, unless this Agreement is terminated sooner as provided herein. Completion is defined as the date of hire of the new Town Manager of the Town of Apple Valley. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Town retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of Town and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Guarantee. Consultant has made a guarantee to thee Town that should a candidate recommended by the Consultant for a position resign or be terminated within the first twelve (12) months of employment, the Consultant will provide the Town with professional services to secure a replacement. These services will be provided at no cost, aside from additional expenses incurred on the Town’s behalf during the new search.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Town.

3.2.4 Town’s Representative. The Town hereby designates the Mayor, or his designee, to act as its representative for the performance of this Agreement (“Town’s Representative”). Town’s Representative shall have the power to act on behalf of the Town for

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3 all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the Town’s Representative or his or her designee.

3.2.5 Consultant’s Representative. Consultant hereby designates [NAME] to act as its representatives for the performance of this Agreement (“Consultant’s Representatives”).

Consultant’s Representatives shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representatives shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.7 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a Town Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Town, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Town, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Town, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal

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4 law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the Town or its representatives for inspection and copy at any time during normal business hours. The Town shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.9.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the Town to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.9.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.9.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.2.10 Insurance.

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5 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subconsultant has secured all insurance required under this Section. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Agreement for cause.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1 million per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1 million per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1 million per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1 million per claim, and shall be endorsed to include contractual liability.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the Town to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) the Town, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in

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6 connection with such work; and (2) the insurance coverage shall be primary insurance as respects the Town, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage.

Any insurance or self-insurance maintained by the Town, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the Town, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the Town, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Town, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(C) Worker’s Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the Town, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Town; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Town, its directors, officials, officers, employees, agents, and volunteers.

3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Town, its directors, officials, officers, employees, agents, and volunteers.

3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Town. Consultant shall guarantee that, at the option of the Town, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the Town.

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7 3.2.10.8 Verification of Coverage. Consultant shall furnish Town with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the Town if requested. All certificates and endorsements must be received and approved by the Town before work commences. The Town reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.10.9 Reporting of Claims. Consultant shall report to the Town, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.11 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Town during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “A.” The total fixed fee compensation shall be $21,000.00, with an additional $7,000.00 of pre-authorized reimbursable expenses for a total not-to-exceed amount of $28,000.00. Extra Work, including Optional Services as described in Exhibit “A” may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in the Proposal.

3.3.2 Payment of Compensation. Consultant shall submit to Town a monthly itemized statement (“invoice”) which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. Town shall, within 45 days of receiving such invoice, review the invoice and pay all approved charges thereon. Invoices shall be submitted to the following individual or department in the Town:

Invoicing/Billing Contact:

Town of Apple Valley
Finance Department
14955 Dale Evans Parkway
Apple Valley, CA 92307
760-240-7000 ext 7710

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses beyond those described in the Proposal unless authorized in writing by Town.

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8 3.3.4 Extra Work. At any time during the term of this Agreement, Town may request that Consultant perform Extra Work. As used herein, “Extra Work” means Optional Services as described in the Proposal and any work which is determined by Town to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from Town’s Representative.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. This agreement may be terminated; (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 days’ prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional fees and expense reimbursement to the date of termination and for any work necessitated by that termination.

Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

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

3.5 Ownership of Materials and Confidentiality.

3.5.1 Documents and Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Town to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). All Documents & Data shall be and remain the property of Town, and shall not be used in whole or in substantial part by Consultant on other projects without the Town's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to Town reproducible copies of all Documents & Data, in a form and amount required by Town. Town reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by Town at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to Town upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to Town any such documents pending resolution of

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9 the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to Town upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify Town and provide Town with the opportunity to obtain the documents.

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

3.5.3 Right to Use. Town shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at Town’s sole risk. If Town uses or reuses the Documents and Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents and Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents and Data on such other project. Consultant shall be responsible and liable for its Documents and Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the Town upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.5.4 Indemnification. Consultant shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Town of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of Town, be used or reproduced by Consultant for any purposes other than the performance of the Services.

Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Town’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Town.

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10 3.6 General Provisions.

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

Consultant:

Bob Murray & Associates
1544 Eureka Road, Suite 280
Roseville, CA 95661
Attn: [NAME]
Town:

Town of Apple Valley
14955 Dale Evans Pkwy
Apple Valley, CA 92307
Attn: Human Resources
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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11 3.6.2 Indemnification.

3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney’s fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with Counsel of Town's choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted against Town or its directors, officials, officers, employees, volunteers and agents.

Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Town or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse Town for the cost of any settlement paid by Town or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Town’s attorney’s fees and costs, including expert witness fees. Consultant shall reimburse Town and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Town, its directors, officials officers, employees, agents, or volunteers.

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

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

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12 3.6.5 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.6 Assignment or Transfer. Consultant shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the Town. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to Town include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

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

3.6.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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

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13 Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

3.6.14 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.6.15 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON NEXT PAGE]

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14 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE TOWN OF APPLE VALLEY

AND BOB MURRAY & ASSOCIATES
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 8th day of April, 2025.

TOWN OF APPLE VALLEY
By: _________________________
Scott Nassif
Mayor
ATTEST:

By: _________________________
La Vonda M-Pearson
Town Clerk

BOB MURRAY & ASSOCIATES
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

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EXHIBIT “A”

PROPOSAL AND SCOPE OF SERVICES

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Town Council Agenda Report
Date: April 8, 2025
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION
From: Douglas Robertson, Town Manager
Submitted by: Thomas Rice, Town Attorney
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. PUBLIC EMPLOYEE APPOINTMENT
Title: Town Manager (discussion of process)

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Apple Valley City CouncilApril 8, 2025

Apple Valley City Council
April 8, 2025