www.AppleValley.org 14955 Dale Evans Parkway • Apple Valley, California 92307 • 760.240.7000
Town of Apple Valley SSMP Change Log
Date SSMP Element Change/Revision Made Change Approved By
ABANAKI
ZUNI ZUNI ZUNI ZUNI
OLD MINE
PAUMA
PAUMA
HAIDA
KEATOR KEATOR KEATOR
YATES
RESOTO
PIMLICO
POWHATAN
KANBRIDGE
LODEMA
YANAN
YANAN
CAHUILLA CAHUILLA
MIRAMOT
WESTLUND
PALA
MONDAM
O
N
CHIPMUNK
CUYAMA
GRIDLEY
LUCILLA
BLUE DIAMOND
HUPA
YUCCA
GUAJOME
ELM
SOUTH SOUTH SOUTH SOUTH SOUTH
P
E
C
O
S
RIMRO
CK
R
M
I
ROCK
KIOWA KIOWA KIOWA KIOWA KIOWA KIOWA KIOWA KIOWA KIOWA
KIOWA
KIOWA
FLYING FEATHER
OTTAWA
OTTAWA
OTTAWA
OTTAWA OTTAWA OTTAWA OTTAWA OTTAWA
TAO
TAO
TAO
OMANI
KEYA
MOCKINGBIRD
PIMA
WAALEW WAALEW WAALEW WAALEW WAALEW WAALEW
PINE
SENECA SENECA SENECA SENECA
HOHOKAM
HITT
WI
LM
I
N
GTO
N
PALO VERDE
MIKANA
TECOPA
PAWNEE
RED FEATHER
WACO
OAK
EYOTA
DESOTA
MANZANITA
MANHASSET
AMADOR
DORAL
YAQUI
BIGSKY
COPPER
ARCATA
KAIBAB
IDAHO
SOBOBA
SAHALE
LIPIAN
KALO
KOKOMO
KIAVAN
NOBLETON
GALILEO
YUCCA
HUASNA
KACHINA
IWA
HAIWEE
QUIVERO
RESOTO
OSUNA
YUMA
LAUREL HELDON
KERES
MAKA
INKPA
TOVAR
COUNTRY
C
L
U
B
MARICOPA
TONIKAN
DA
R
BY
C
R
O
N
ESE
KENSINGTON
PUEBLO
CENTRAL
SITTING BULL
SITTING BULL SITTING BULL
WINTUN
TUSCO
LA
SISKIYOU
BOWEN RANCH
CHEYENNE
TUSCOLA
CUYAMA
TOPSHAM BAY
CHOCO
SEMINOLE
SEMINOLE
FLATHEAD
FLATHEAD
FLATHEAD
TAOS
FALCHION
ALEMBIC
NIABI
ATOKA
CATAWBA
I
R
O
Q
U
O
SI
IROQUOIS
IROQUOIS
REATA
KALO
LOCUST
SYLVAN
OJAI
TONIKAN
GAYHEAD
FLATHEAD
GLEN OAKS
SARSI
KAMANA
TAMIANI
TAM
I
A
NI
TAM
I
AN
I
CORWIN CORWIN
TONKAWAN
IVANPAH
COATI
VIHO
CHIPETA
CASCADE
VALLEY CREST
MONTE VERDE
OLALEE
RIVER RUN
OHNA
W
CI H
TI A WICHITA
CH
I
E
F
J
O
S
E
P
H
INDIAN RIVER
BOCHEE
COCOPAH
WHITE SAGE
DESERT
G
R
E
E
N
VALLEY
VIENTO VIENTO
ARCATA
FUJI
GALA
ESTON
VISTA
TITONKA
GILA
NAVAJO
TUSCOLA
TUSCOLA
LARA
KIP
AUGUSTA
DOLI
KIAMICHI
PAWNEE
SKYLINE RANCH
NAMBE
OLEMA
KEWAN
EE
HERCULES HERCULES
CAHTO
LONE EAGLE
OLIVE
BLACKFOOT
BLACKFOOT
MATAWAN
UNNAMED
PAU
H
A
S
KA
ESTANCIA
CEREUS
RAMBLING
NOSONI
MANZANITA
CRONESE
TINTA
LARMIE
CANDLELIGHT
PONCA
M
ATILIJ
A
QUAPAW
QUAPAW
CHOLE
YUCCA LOMA
YUCCA LOMA YUCCA LOMA YUCCA LOMA YUCCA LOMA
HEMLOCK
GLENDON GLENDON
ARCADIA
LAUREL
ZEPHER
SYCAMORE
MILACA
DEL MAR
JOSHUA
LAUREL
COUNTY
WILLOW
GUAJOME
EASY
ROCKBUSH
SHELBY
SIOUX
KLAMATH
SHOSHONEE
SHOSHONEE
SHOSHONEE
PAUHASKA
WAALEW
TENAYA
WANKA MILLS MILLS
SIOUX
ZEPHYR
HAIDA
BUENA VISTA
TONIKAN
CANKU
HORIZON
ROANOKE
ROANOKE
CERRITO
SERRA
SABRE
POWHATAN
CAYMAN
WA
S
C
O
PAUHASKA
TENYA
CANDLEWOOD
LITTLE BEAVER
LITTLE BEAVER
FAIRFIELD
TONIKAN
WREN
LITTLE TEEPEE
PAW
N
E
E
HAWTHORNE
OKANAGAN
ITASCA
S
T
TIM
OTHY
CANDLEWOOD
COUNTY
TOLTEC
MANA
CREE
TAWYA
RED FEATHER
NOWATA
MINODOKA
DELAWARE
PAH-UTE
TIAMA
PAUHASKA
TOMAHAWK
TOMAHAWK
SYMERON
N
E
E
N
A
C
H
MULTNOMAH
CA
RIBOU
CUYAMACA
GERONIMO
POWER LINE
POWER LINE
POWER LINE
KENORA
PINOLE
COLONY
TEH
A
C
H
API
PALMERO
HIGH VISTA
KASSON
TONEKAI
SAVANNAH
BEAR VALLEY BEAR VALLEY BEAR VALLEY BEAR VALLEY BEAR VALLEY BEAR VALLEY
NALATAPA
YORKSHIRE
POWHATAN
BROKEN BOW
HAVAS
U
HAVASU
HAVASU
MODOC
REATA
NU
EVO
QUAIL HOLLOW
JELAN
RIVERSIDE
NAWAKWA
OJAI
SARATO
G
A
SARATOGA
RIMROCK
MAR VISTA
P
OI N
E
E
R
BA
N
N
O
C
K
BRAEBURN
MESQUITE MESQUITE MESQUITE
PAUHASKA
CARLISLE
QUANTICO
KONA
KAMANA
MOCKINGBIRD
WAT
O
WATO
TULSA
HURONS
EYOTA
LITTLE BEAVER
VERDE
MO
H
AW
K
MOHAWK
PAPAGO PAPAGO PAPAGO PAPAGO
MARITA
SANTEE
CRONESE
SEQUOIA
CROW
N
AN
TI
COKE
OCHOA
SEIBEL
PASCO
NYACK
LIVERMORE
ACOMA
RED HAWK
NOMWAKET
ZUNI ZUNI
V
E
NANGO
STAGECOACH
NANDINA
QUINNAULT
TONO
LAGUNA
DAKOTA
PAOHA
OSCEOLA
PAMLICO
MENDOTA
CHIPPEWA
COWICHAN
BEAUJOLAIS
CENTRAL CENTRAL CENTRAL CENTRAL CENTRAL CENTRAL CENTRAL CENTRAL CENTRAL CENTRAL CENTRAL C
E
NTRAL
CENTRAL CENTRAL CENTRAL CENTRAL CENTRAL CENTRAL
SUNSET
MUNI
MUNI
MAJELA
M
U
N
S
E
E
STATE HWY 18
GOSHUTE
KINAI
KINAI
SAUK
RUBICON
CHICORY
GOLDBAR
BROKEN LANCE
TUWEEP
TEMECULA
FALLING LEAF
RIVERSIDE
SHENANDOAH
LONE EAGLE
KODA
TINEGA
FLORA VISTA
PIRU
LAKOTA
J
E
S
S
RA
N
C
H
JESS RANCH
CASK
CAPELLA
TANNIN
CHOLENA
GLENORA
APPALOOSA
N
AVA
J
O NAVAJO
WEIMAR
WACO
BELLA VISTA BELLA VISTA
TUDE
ROCKAWAY
FOX
THUNDER
YUCCA LOMA
NEOLA
DANUBE
NAWAKWA
JOHNSON JOHNSON JOHNSON JOHNSON JOHNSON JOHNSON JOHNSON JOHNSON NIC
O
L
A
SA
L
A
N
O
ATNAH
VIDAL
OSAGE
PAW
N
E
E
ALLEGHENY
OTTAWA
CHEROKEE
PAPAGO
CERRA VISTA
CHOCO
POCO
M
O
K
E
MANDAN
SHETLAND
JOSHUA JOSHUA
J
O
S
H
U
A JOSHUA JOSHUA JOSHUA JOSHUA JOSHUA JOSHUA JOSHUA JOSHUA JOSHUA JOSHUA JOSHUA
TUSCOLA
NAMBE
HYPERION
LAN
IGAN
ESAWS ESAWS ESAWS
OCOTILLO
HUDSON
TALOGA
TAMARAC
C
O
C
H
SI E
FOX
OSAGE
TINNE
WASECA
SIESTA
OSAGE
QUINNAULT
TOLTEC
SARATOGA
NOKOMIS
PA
M
LICO
GOSHUTE
MARMOSET
MARMOSET
PALOMINO
KOKANEE
CORDOVA CORDOVA
CHEROKEE
POTOMAC
CORDOVA CORDOVA CORDOVA
UNAMED
JAMUL
RAMONA
RAMONA
RAMONA
RAMONA RAMONA RAMONA
ASTER
WANAQ
U
E
ELKHORN
SAUVIGNON
OKESA
PRIMROSE
VERBENA
TEMAS
LAUREL
STANDING ROCK
MIAMI
TENAYA
CERRA VISTA
SERRANO
SERRA
N
O
SERRANO
UNNAMED
SORORITY
POHONO
NISQUALLY NISQUALLY
KLICKITAT
OCOTILLO
GOSHEN
BOWEN RANCH
RICAREE
YAMAHA
UNNAMED
RIVERSIDE
PAUHASKA
PIUTE
WENDT
DAN
D
E
L
I
O
N
ARCATA
POHONO POHONO
SAVAGE SAVAGE
POPPY POPPY POPPY POPPY
DEEP CREEK DEEP CREEK DEEP CREEK DEEP CREEK
CHIPETA
F
E
R
N
A
N
D
E
Z
PAH-UTE PAH-UTE
PAH-UTE PAH-UTE
DENNISON
EARLIMART
CANDLEWOOD
BLACKFOOT
CHIMAYO
FRESNO
PALMERO
LONE EAGLE
HEMLOCK
BAY
MANDAN
MANDAN
MAN
DAN
LABRADOR
LARAMIE
OTOMIAN
TONAWANDA
SIOUX SIOUX SIOUX
ZUNI ZUNI
BENTON
COLONY
OLEMA
KLAMATH
SUN MESA
MESQUITE MESQUITE
M
E
S
Q
U
I
T
E
GARNET
ALSTAIR
PACIFIC
GARNET
CHRYSOLITE
BOXWOOD
LAFAYETTE
TENAYA
VIA SECO VIA SECO
CHIA
WIDGEON
CENTURY PLANT
CANDLEWOOD CANDLEWOOD
PAWNEE
MOONBEAM
VIA VIENTO
TENAYA
BELLFLOWER
BRISBANE
PIONEER
CHRYSOLITE
REDBANK
LUPINE
MOCKINGBIRD
PACIFIC
TAKIPI
TONIKAN
MESQUITE
T
U
J
U
N
G
A
TUJUNGA TUJUNGA
SUSSEX
MONTARA
APACHE
RANCHO
EASY
LANGLEY
PAWNEE PAWNEE PAWNEE
NICOLA
FLINT FLINT
SITTING BULL
RANCHO
TYEE
UNNAMED
VIA PARISO
VIENTO
PATOMAC
TAWANKA
PATOMAC
DOUGLAS
UNNAMED
DOBERMAN
WREN WREN WREN WREN WREN QUINNAULT
PATOMAC
HORIZON HORIZON
BELLFLOWER
HERCULES
PADOVA
MOJAVE
MOHICANCANDLEWOOD
J
U
NIP
E
R
TENAYA
OSAGE
SOMBRE
NIMSHEW
MANOR
OTOE OTOE OTOE OTOE OTOE
YUCCA
ISATIS
MILLS
KLICKITAT
HUPA
BELLA VISTA
PIONEER PIONEER
CANARO
DEXTER
YUCCA
LAS PIEDRAS LAS PIEDRAS
LOCUST
ATOKA
ARAPAHOE
NAVAJO NAVAJO NAVAJO NAVAJO NAVAJO NAVAJO NAVAJO NAVAJO NAVAJO NAVAJO NAVAJO NAVAJO NAVAJO SAGO
JOSMA
CHIPETA
PAMPAS
WANKA
LUPINE
NICOLA
ITOYA VISTA
PASCO
MILLS
RUBICON
HUASNA
LOVIA
CHAPPY
HEMLOCK
COLUSA COLUSA COLUSA COLUSA
CANDLEWOOD
DACHSHUND
CANDLEWOOD
MESQUITE
SEQUOIA
QUARRY
NEEDHAM NEEDHAM
T
E
C
O
PA
FLORA VISTA
C
A
MIN
O
CAYMAN
DEL ORO DEL ORO DEL ORO DEL ORO DEL ORO DEL ORO DEL ORO
UNNAMED
LIVERMORE
KARMA
MUNI
LOS PADRES
LAKOTA
WIGWAM
CAMINO
MANZANITA
OLEMA
FLORA VISTA
NAVAJO NAVAJO
NAVAJO
NAVAJO
LLANTO
VIA PARISO
MINNETONKA
MATILIJA
C
BI O
L
A
DALE EVANS
DALE EVANS DALE EVANS DALE EVANS DALE EVANS DALE EVANS DALE EVANS DALE EVANS SYLVAN
CHOCO
KERN
OCOTILLA
GUSTINE
LANCELET
DACHSHUND
EL DORADO
CANKU
NATOMA
TECAYA
MOHAWK
HANFORD
NANTICOKE
SHORT
LAMANDA
MAYAN
MELVILLE
ALSTAIR
BONITA VISTA
CHIPMUNK CHIPMUNK
FALCHION FALCHION FALCHION
MORRO MORRO MORRO
ARCATA
OLALE
E
CHIPPEWA
KEATOR
CIELITO
PAWNEE
SOMIS
LLANTO
TEMECULA
CHIMAYO
LIVERMORE
WIKA
DEVARIAN
PORTLAND
OLD BELL MOUNTAIN
FOX
CHUPAROSA
MORNING
S
TAR
OCOTILLO OCOTILLO OCOTILLO OCOTILLO OCOTILLO
MALAHAT
BRISBANE
PAUBA
AP
P
L
E
VA
L
L
E
Y
KIMSHEW
UNNAMED
KASO
TA
KA
S
O
TA
KASOTA
MICMAC
PAWNEE
BILOXI
WAW
O
NA
ITASCA
SHAWNEE
JICARILLA
HURONS
R
DI G
E
V
EI W
ALEUT
SAGO
SAGO
CARIBOU
SHORT SHORT
S
H
AW
N
E
E
SHAWNEE
KLICKITAT KLICKITAT
CHEKWA
PINE RIDGE
PINE RIDGE
FAIRFAX
B
U
E
N
A
V
SI TA
BALSA
CHOCO
CHOCO
C
H
EHALIS
CHAMA
D
AT
U
RA
CHINOOK
MOHICAN
TA-WAN-KA
POWHATAN
TO
KATA
FAIRFIELD
HAUSNA
WATO
POCONO
ERIE
JICARILLA
JICARILLA
ERIE
C
R
O
W
CHICKASAW
SITKAN
MYALON
MALIBU
ANOKA
JERICO
WAKITA
LO
OKOUT
MUG
U
MINNETONKA
TESUQUE
MURIETA
STRATFORD
APPLE VALLEY
APPLE VALLEY
APPLE VALLEY
APPLE VALLEY
APPLE VALLEY
APPLE VALLEY
APPLE
VALL
E
Y
LAKESHORE
LAKESHORE
L
A
K
E
S
H
O
R
E
ISATIS
LARIAT
SANDIA SANDIA SANDIA
MACKLIN
KEOTA
WATERLEAF
ARAPAHOE
EYOTA
EYOTA
KASANKA
WABISI
CREST
COMANCHE
TAWYA
NICOLA
GEN
E
S
E
E
RINCON
RINCON RINCON
GAYHEAD
VALENCIA
DAKOTA
COMANCHE
COMANCHE
COMANCHE
RAMONA
IVANPAH
U
N
N
A
M
E
D
TIFFANY
N
AVA
J
O
ERIE
SAHALE
BRIDGE HAVEN
TRUCHAS
COCHITI RIALTO
TIOGA
MOHAWK
MASSAI
GEODE
TIGERTAIL
WAYNOKA
YAKIMA
A
L
G
O
N
Q
U
N
I
ALGONQUIN
A
L
G
O
N
Q
U
N
I
BENICA
REDWING
LAKOTA
WINNEMUCCA
DESERT ROSE
CUYAMACA
DESERT LAKE
M
SI
A
NAKE
SIESTA
TOKATA
STANDING ROCK STANDING ROCK
CREE
OSAGE
WISCONSIN
DOLPHIN
TUSSING RANCH TUSSING RANCH TUSSING RANCH TUSSING RANCH TUSSING RANCH
CARLISLE
CHOCO
EL DORADO
TACONY
TACONY
RESOTO
SHOLIC
SHOLIC
QUANTICO
APPLE VALLEY APPLE VALLEY
QUINNAULT
CHOCO
JAVELINA
KATEPWA
OSHKOSH
MORNING STAR
PAH-UTE
CAYUGA
PONCA
ONEIDA
CHOICEANA
SONOMA
STATE HWY 18
WARREN
MARIN
C
A
S
C
O
HAIDA
NOWATA
FRANCESKA
MAUMEE
FRESIAN
MORGAN
NOSONI
MOHICAN
PACHAPPA
CARIBOU
HEMET
CABAZON
SAUGU
S
CHAMBER
ALLE
G
H
E
N
Y
CHEYENNE
CHEYENNE CHEYENNE CHEYENNE
TOWN CENTER
OTOWI
JAMU
L
SISKIYOU
SISKIYOU
OSAGE
PAWNEE
CENTRAL
CENTRAL
DESERT VELVET
LANGLEY LANGLEY
M
ANDAN
DOTAME
FOX
ESAWS
RUNNING DEER
MOHAWK
MERINO
LOMPOC
WILLOW
S
PR
NI
GS
MONACHE
CHOLENA
EL DORADO
OWATONNA
LANCELET
GUSTINE GUSTINE GUSTINE
WEIMAR
R
M
I
R
O
C
K
TENAYA
DALE EVA
N
S
DALE EVANS DALE EVANS
LOS PADRES
SKIO
M
A
H
FLINT FLINT FLINT
MENAHKA
CLENDON
COTTON
POHEZ
BEAR VALLEY
CATHEDRAL
ENCINO
ORIOLE
ONEIDA
PANOCHE
EL DORADO
MANITOU
PAT
O
M
A
C
DAKOTA
CHACO
DEEP CREEK
MUNI
ALEMBIC
WADENA
LLANTO
VEGA
OCOTILLA OCOTILLA
LAS TUNAS LAS TUNAS
GARNET
TEMECULA
QUINNAULT
QUINNAULT QUINNAULT
BAY MEADOWS
TESUQUE
ASHLAND
S
Y
CA
M
O
R
E
MONTAUK
TENAJA
CHIPETA
VERDE
OCOTILLA OCOTILLA
LANCELET
OPATA
LISBON LISBON
MANHASSET
APPLEWOOD
PATOMAC
POPPY
ROXBURY
OLEMA OLEMA
OLEMA
MESQUITE
EYOTA
APPLEBLOSSOM
JUNIPER JUNIPER
NATOMA NATOMA
MACAULAY
DEERWOOD
BUENA VISTA
JOSHUA
DOMINGUEZ
RANCHO
CHIPETA
SAGEBRUSH
COTTONTAIL
NICOLA
MELVILLE
CHIPETA
GUSTINE
UNNAMED UNNAMED
UNNAMED
UNNAMED
OURAY
SAGUARO
DANTE
HENET
FERNANDEZ
CHAPAE
KENSINGTON
BURBANK BURBANK
LANGLEY
BENTON
LUPIN LUPIN
VEGA
ALTADENA
MESQUITE
TAOS TAOS
DOBERMAN
TESUQUE
ROSITA
GRANDE VISTA
LABRADOR
WALADI
LAFAYETTE LAFAYETTE
TEMECULA
SOMIS SOMIS SOMIS SOMIS
HOTE
SIESTA
KIMSHEW KIMSHEW KIMSHEW
THUNDERBIRD
THUNDERBIRD THUNDERBIRD THUNDERBIRD THUNDERBIRD
FOUNDERS
REYES
WALADI
TICONDEROGA
SERRA
GAYHEAD
C
A
N
D
L
E
W
O
O
D
CIMARRON COMANCHE
DOBERMAN
CAMINO
TOPSANNA
POPPY POPPY
JOSHUA
CONCORD
OCOTILLA
MINGO
PAWNEE
WINTUN
W
NI T
U
N
HUPA
FAIRFIELD
CANDLEWOOD
TAOS
MEADOW
KARMA
GUPAN
BELLA
V
I
S
TA
COLOMA
QUARRY
QUARRY QUARRY QUARRY QUARRY QUARRY QUARRY
QUARRY
I 15
APACHE
IROQUOIS
RAN
CHERIAS
RANCHERIAS
RANCHERIAS
RANCHERIAS
RANCH
E
R
AI S
PUYE
R
A
M
O
N
A
STANDING BEAR
ISATIS
I 15 EXIT 161
D
A
C
H
S
H
U
N
D
SYMERON
SYMERON
PARAISO
SA
N
TEE
MONTEREY
RA
M
O
NA
S
A
G
O
LAS PADRES
BASS HILL
SLASH X RANCH
SLASH X RANCH
M
INERAL
TAOS
D
NICOLA
LUCILLA
I 15 EXIT 157
PIONEER
I
15 I 15
I 15
I 15
I 15
I 15
I 15
I 15
I 15
I 15
I 15
I 15
I 15
KENSINGTON
MERINO MERINO
TENAYA
NORCO
QUANTIC
O
KEWANNA
BOO T H
I
L L
CORWIN
CORWIN
CORWIN
CORWIN
CORWIN
CORWIN
CORWIN
HINDON
WAPATO
OLAT
H
E
TUTELO
CATHEDRAL
MINNETONKA
OSSEO
LAKOTA
COCQU
I
KLAMATH
ARCADIA
LAKOTA
NANCOTTA
TEPEE
LENCA
TESUQUE
HOPI
HOPI
PAUHASKA
NEEDHAM
ANOKA
MESQUITE
UNNAMED
HIAWATHA
ITUMA
CHIWI
SHASTA
CLALLAM
KAYENTA
TEHAMA
HOPI
IROQUOIS
NORCO NORCO
DAKOTA
DAKOTA
ALLEGRE VISTA
POCAHANTAS
MURIETA
NISQUALLY NISQUALLY NISQUALLY
WASHOAN
UTE UTE
CENTURY PLANT
VALLEY
HERCULES
PACIFIC
MAMBE
VIA VIENTO
WYANDOT
WINNEBAGO
STATE HWY 18
STATE HWY 18
STATE HWY 18
STATE HWY 18
STATE HWY 18
STATE HWY 18 STATE HWY 18
STATE HWY 18
SAPOTA
DACHSHUND
IROQUOIS
ALTADENA
JAMAICA
SHEPHERD
CARMEL
RAMONA
SAPOTA
PAWNEE
EL KALO
STODDARD WELLS
STODDARD WELLS
STODDARD WELLS
STODDARD WELLS
STODDARD WELLS
STODDARD WELLS
STODDARD WELLS
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This map is for general reference only and may not reflect recent changes or improvements at time of printing. No part of this map shall be reproduced for commercial purposes. 0 0.5 1 2 3 4
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Legend
Gravity Mains
Pressurized Mains
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Tract 7972
Tract 12905
Assessment Dist. 1A
Assessment Dist. 1B
Assessment Dist. 1C
Assessment Dist. 2A
Assessment Dist. 2B
Assessment Dist. 3A
County Service Area 64
Jess Ranch
Sewer Connection Mandatory
Sewer Connection Optional
Dry Sewer Installed
Sewer Service Areas
Public Works Department
Printed: 8/27/2024
George Polk, GIS Specialist
Dept. of Innovation and Technology
ORDINANCE NO. 564
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY AMENDING THE NAME OF TITLE 10,
AMENDING SECTIONS 10.01.010 AND 10.01.070 OF
CHAPTER 10.01 OF TITLE 10, AND ADDING CHAPTER
10.02 TO TITLE 10 OF THE TOWN OF APPLE VALLEY
MUNICIPAL CODE TO UPDATE, STREAMLINE,
REINFORCE, CLARIFY AND CONSOLIDATE THE TOWN'S
CODE PROVISIONS RELATING TO THE USE,
CONSTRUCTION, PERMITTING AND REGULATION OF
THE SANITARY SEWER SYSTEM, INCLUDING ADDITION
OF A COMPREHENSIVE FATS, OILS, AND GREASE
PROGRAM; AND FINDING THE ACTION EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Town of Apple Valley ("Town") is authorized to take actions to further the public's health, safety, and welfare; and
WHEREAS, the Town is a member agency of the Victor Valley Wastewater Reclamation Authority ("WWRA"); and
WHEREAS, on August 19, 2021, the WWRA Board of Commissioners approved amendments to its Ordinance 001 governing the rules and regulations for sewerage service, which transferred to each member agency the permitting and inspection responsibilities of food service establishments; and
WHEREAS, the Town desires to adopt new regulations to bring the Town into compliance with the current WWRA regulations, to protect the integrity of the Town's sanitary sewer system, and to prevent overflows caused by fats, oils, and grease discharge in order to protect the public's health, safety, and welfare; and WHEREAS, the Town Council has reviewed the adoption of this Ordinance pursuant to the requirements of the California Environmental Quality Act ("CEQA") and has determined and finds that this Ordinance is consistent with the protection of the public's health, safety, and welfare and is thereby categorically exempt from environmental review pursuant to CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment.
Ordinance No. 564
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Title 10 of the Town of Apple Valley Municipal Code is hereby amended in its entirety to read "Water, Sewers and Utilities." SECTION 3. Section 10.01.010 of the Town of Apple Valley Municipal Code is hereby amended in its entirety to read as follows:
10.01.010 Definitions.
Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. The testing procedures for waste constituents and characteristics shall be performed pursuant to the Victor Valley Wastewater Reclamation Authority guidelines, and may be amended from time to time.
Other terms not herein defined are defined as being the same as set forth in the latest adopted edition of the International Conference of Building Officials Uniform Building Code and the International Associate of Plumbing and Mechanical Officials Uniform Plumbing Code.
The terms hereinafter set forth unless otherwise specified shall have the following meanings:
(a) Agency shall mean an administrative division or group. (b) Applicant shall mean any person applying for wastewater service. (c) Authorized Enforcement Officer shall mean the FOG Manager, Building Official, Code Enforcement Manager, a Town Code Enforcement Officer, or other such individuals as are employed by the Town and are authorized to conduct inspections and enforce the provisions of this Chapter and any applicable related statutes, rules, codes and regulations enforceable by the Town. (d) Best Management Practices or "BMPs" shall mean the schedule of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of FOG into the public sewer. (e) Building Official shall mean the Town official designated to administer Title 8 of this Code.
(f) Building Sewer shall mean that portion of any sewer beginning at the plumbing or drainage outlet of any building, industrial facility or preliminary treatment facility, and continuing to the point of its connection with the sewer mainline. (g) Class I Discharger shall mean any collection system nonresidential discharger who:
(1) Has a discharge flow of 10,000 gallons or more per normal work day or 3,000,000 gallons or more per year; or
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(2) Has a discharge of wastewater that has a strength significantly (50%) greater than domestic sewerage (domestic sewerage will be considered to have a BOD of 200 mg/I and suspended solids of 250 mg/I); or (3) Has a discharge of toxic constituents that exceed VVWRA's "Wastewater Strength Limitations" as adopted and as the same may be amended from time to time.
(h) Class II Discharger shall mean any collection system nonresidential discharger who:
(1) Discharges more than its proportionate share of suspended solids and/or biochemical oxygen demand;
(2) Who discharges more than 10,000 gallons per day (or 3,000,000 gallons per year) but less than 25,000 gallons per day or 6,000,000 gallons per year; and
(i)
(j)
(k)
(I)
(m)
(n)
(o)
(p)
(q)
(r)
(3) Who is not required to obtain a Class I permit.
Code shall mean the Town Municipal Code.
Compliance Schedule Agreement or CSA shall mean an agreement between the Town and a permittee designed to bring such permittee into compliance with the requirements of its FOG Permit.
Composite Sample shall mean a collection of individual samples obtained at selected intervals based on an increment of either flow or time that once formed is a representative sample of the waste stream discharged during the sample period or when waste discharge occurs.
Connection Fee shall mean a fee imposed by the Town for connecting directly to a Town public sewer.
Critical Discharger shall mean any discharger whose classification is identified in the Standard Industrial Classifications (SIC) Manual in any of Divisions A, B, D, E, and I; or who has a discharge flow of 25,000 gallons or more per average workday, whose discharge contains toxic pollutants; or whose discharge may have significant impact, either singly or in combination with other contributing users, on the treatment or collection system.
Discharger or User shall mean any person who discharges or causes a discharge of wastewater directly or indirectly into the public sewer.
Domestic Wastewater shall mean liquid wastes:
(1) From the non-commercial preparation, cooking and handling of food; or (2) Containing human excrement and similar matter and from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions.
Effluent shall mean any liquid outflow from a Food Service Establishment (FSE) that is discharged into the public sewer.
Equivalent dwelling unit or EDU shall mean the quantity and quality of domestic wastewater discharged from a standard or average single family dwelling unit, having approximately 20 plumbing fixtures capable of contributing 245 gallons per day of domestic sewage.
Fats, Oils, and Grease (FOG) shall mean any vegetable or animal product that is used in or is a by-product of the cooking of food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.
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It is typically a non-petroleum organic polar compound derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules and are detectable and measurable using analytical procedures established in the most current version of the United States Code of Federal Regulations codified at 40 CFR Part 136.
(s) FOG Control Program shall mean the FOG control rules, regulations and procedures identified in this Chapter and such other public outreach, education and other provisions developed pursuant to Section 7 of the Town's Sewer System Management Plan (SSMP).
(t) FOG Manager shall mean the individual designated by the Town Manager to administer its FOG Control Program or their designee. The FOG Manager is responsible for maintaining, monitoring and ensuring compliance with the Town's FOG Control Program.
(u) FOG Permit shall mean a FSE grease interceptor or trap permit issued by the Town under the provisions of this Chapter and the Town's SSMP that authorizes a FSE to discharge wastewater into the public sewer.
(v) FOG Overflow shall mean any overflow, spill, release, discharge or diversion of FOG substance from a grease interceptor or grease trap. (w) Food Grinder shall mean any device installed in the plumbing or building sewer connections for the purpose of grinding food waste or food preparation byproducts for the purpose of discharging them into the public sewer. (x) Food Service Establishment or FSE shall mean a food facility as defined in the California Uniform Retail Food Facilities Law (CURFFL), Section 113789 of the Health and Safety Code, and any commercial entity within the boundaries of the Town, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by mechanical ventilation as required by Health and Safety Code Section 114149.1.
Any references to FSEs shall include the owners and/or managers of the FSE or such persons responsible for the day-to-day management and operation of the FSE.
(y) Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of food. (z) Grab Sample shall mean a sample taken from the waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
(aa) Grease Control Device or GCD shall mean any grease interceptor, grease trap or other mechanisms, devices, or processes, which attach or are applied to wastewater plumbing fixtures and lines, the purpose of which is to trap, collect or treat FOG present in wastewater prior to discharge into the public sewer. "GCDs" may also include any other proven method(s) to reduce FOG, subject to the approval of the Building Official.
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(bb) Grease Interceptor or Interceptor shall mean a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Uniform Plumbing Code, underground between a FSE and its connection to the public sewer. These devices primarily use gravity to separate FOG from wastewater as it moves from one compartment to the next and must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner at regular intervals to be effective.
(cc) Grease Trap shall mean a GCD that is used to serve individual fixtures. Grease traps have limited effects and should only be used in those cases where use of a Grease interceptor or other GCD is determined by the Town to be impossible or impracticable.
(dd) Hearing Officer shall mean the Town Manager or their designee with authority to conduct hearings relating to FOG permit revocations/suspension or other orders issued under the authority of this Chapter. The Town Manager may designate a Town Department Director or other Town official to be a Hearing Officer, but in no event shall the Hearing Officer be the person who issued the notice setting forth the grounds for a revocation/suspension or other order, or who was directly involved in the investigation of the events leading up to the issuance of any such notice or order.
(ee) On-site Wastewater Treatment System shall mean an approved and permitted septic tank and on-site disposal system designed and constructed to dispose of wastewater generated on the property.
(ff) Industrial Pre-treatment Permit shall mean a permit issued by WWRA for industrial wastewater discharges.
(gg) Main shall mean gravity and pressurized (force-main) sewer collection and transmission pipelines located in streets, highways, alleys, easements or rightsofway which are used for collection and transmission of wastewater. (hh) Manhole shall mean a hole, usually with a cover, through which a person may enter a sewer or confined space.
(ii) Manifest shall mean a form acceptable to the Fog Manager that provides proof of GCD service and disposal of recyclable or liquid wastes as required by the Town. (jj) Payback Agreement shall mean a written conditional agreement entered into by the Town with a landowner, contractor, developer, or any person who constructs any portion of a sewer system such as a sewer line extension, with said construction cost being entirely borne by the landowner, contractor, developer or constructor and after final inspection, said sewer is deeded to the Town for public use. Under such agreements, the Town may agree to refund to the applicant 95% of all main extension costs (excepting therefrom the cost of that portion of the extension classified as direct benefit to the applicant's/developer's project), with said refund to be collected from property owners or developers of properties adjacent to and which connect to said sewer line extension for a period of time up to but not exceeding ten years from the effective date of the agreement. (kk) Person shall have the same meaning as prescribed in Title 1 of this code. (II) Pollutant shall mean any constituent or characteristic of wastewater on which a discharge limitation may be imposed either by the Town or by a regulatory body of competent jurisdiction.
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(mm) Public Sewer shall mean a sewer owned and operated by the Town or other local governmental agency, and as to which the Town possesses direct or indirect regulatory powers.
(nn) Pump Station shall mean pumps used for pumping wastewater or sewage from a lower to higher elevation, particularly when the elevation of the source is not sufficient for gravity flow.
(oo) Regulatory Agency shall mean public agencies having regulatory jurisdiction over the wastewater disposal operations of the Town, including without limitation: the United States Environmental Protection Agency, Region 9 (EPA); the California State Water Resources Control Board (SWRCB); the California Regional Water Quality Control Board, Lahontan Region (RWQCB); the California Department of Public Health (CDPH); the San Bernardino County Department of Public Health (SBCDPH); and the Victor Valley Wastewater Reclamation Authority (VVWRA). (pp) Sewer Charge shall mean the flat rate charged based on the number of equivalent dwelling units (EDU) assigned to an account.
(qq) Sewer System or Sewer Facilities shall mean pipeline, lateral, main, trunk, lift station or other appurtenance or facility designed for the collection and conveyance of sewage and further defined as follows:
(1) Building Sewer as defined herein;
(2) Public Sewer as defined herein;
(3) Sanitary Sewer or sewers designed for collection and conveyance of domestic, commercial and industrial waste and which are not intended for collection or conveyance of stormwater, surface water, or groundwater. (4) Sewer Lateral or a privately owned sewer service line, located within private property that conveys wastewater discharged from a residence, building or other structure to the public sewer.
(rr) Sewer System Overflow or SSO shall mean any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system including:
(1) Overflows or Releases of untreated or partially treated wastewater that reach waters of the United States;
(2) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and
(3) Wastewater backups into buildings and on to private properties that are caused by blockages or flow conditions within the public sewer. (ss) Storm water shall mean rainwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process water. (tt) VVWRA shall mean the Victor Valley Wastewater Reclamation Authority. (uu) Waste shall mean sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature, prior to and for the purpose of disposal.
(vv) Waste Hauler or GCD Servicer shall mean any person or company carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for that purpose.
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(ww) Wastewater shall mean liquid waste and water carrying industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, FSEs, and institutions, whether treated or untreated, discharged into or permitted to enter a private system or into the public sewer.
(xx) Wastewater Constituents and Characteristics shall mean the individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify, or measure the quality and quantity of wastewater."
SECTION 4. Subparagraph (H) of Section 10.01.070 of the Town of Apple Valley Municipal Code is amended to read, in its entirety, as follows:
"H. Interceptors required. Grease, oil, and/or sand trap interceptors shall be required, at the owner's expense, in all facilities which discharge liquid wastes containing grease, flammable wastes, sand and/or other wastes containing harmful ingredients in accordance with the Uniform Plumbing Code and Chapter
10.02 of this Code.
All grease, oil, and sand interceptors shall be maintained at the owner's expense, in continuously efficient operation at all times. All construction shall conform with Town standards. The facilities required to use the aforementioned interceptors include, but are not limited to, FSEs as defined in Chapter 10.02 of this Code, restaurants including fast food, butcher shops, gas stations, car washes, automotive mechanics, and paint shops."
SECTION 5. Chapter 10.02 is hereby added to Title 10 of the Town of Apple Valley Municipal Code to read as follows:
10.02.010 Intent and Purpose.
It is the intent of this Chapter to establish a permit procedure for the construction and maintenance of interceptors for grease and other insoluble waste discharged from restaurants and other food preparation establishments connected to the public sewer.
This Chapter further provides guidelines and practices regulating the discharge of grease and other insoluble waste products to prevent blockages of the public sewer, avoid inefficient use of Town resources, prevent sewer system overflows caused by the accumulation of fats, oils, and grease (FOG), and promote the public health and safety.
By enacting this Chapter, the Town Council intends to provide a fair and effective means of providing for the maximum beneficial use of the public sewer and the other sewer facilities to which they discharge.
10.02.020 Commercial Property Owner Responsibility.
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Owners of Commercial Properties or their official designee(s) shall be responsible for the installation and maintenance of the GCD serving multiple FSEs that are located on a single parcel.
10.02.030 Grease Control Devices (GCD) Required.
A. No person or FSE shall discharge or cause to be discharged into the public sewer any wastewater potentially containing FOG without the installation and use of an approved Grease Control Device (GCD).
8. All FSEs shall provide wastewater acceptable to the Town, according to the requirements and standards established herein before discharging to any public sewer.
C. A FSE required to provide FOG pretreatment shall install, operate and maintain an approved type and adequately sized grease control device to comply with the objectives of these standard conditions.
10.02.040 FOG Permit Required.
A. All FSEs shall obtain a FOG Permit and be subject to all provisions of this Chapter and all other FOG control program regulations, user charges, and/or fees which may be established by resolution of the Town Council. The FOG permit shall be issued to the FSEs business name as listed within the Town's business license records and shall provide:
1. The approved GCD type.
2. GCD size.
3. GCD service frequency.
4. Permit expiration.
8. The FOG Permit shall be issued only for the permittee's specific business name as listed in the Town's business license file. Except for service frequency changes approved by the FOG Manager or their designee, any substantial new or changed condition of operation, such as a change in the FSE's ownership, food types, or operational procedures that have the potential to increase the amount of FOG generated and/or discharged by the FSE in an amount that alone or collectively causes or creates a potential for SSOs to occur shall require the submittal of a new application, payment of the permit fee, and issuance of a new FOG Permit..
10.02.050 FOG Permit Application.
A. Persons seeking a FOG Permit shall complete and file with the FOG Manager or his designee an application on a form prescribed by the Town, accompanied by any applicable fees. The application shall contain at least the following information:
1. The name and address of applicant;
2. The volume and type of wastewater to be discharged;
3. The time of daily food preparation and cleaning operations;
4. Description of food preparation, type, number of meals served, cleanup procedures, dining room capacity, number of employees and size of kitchen;
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5. A list of kitchen appliances and fixtures to be used; and
6. Any other information as may be deemed by the FOG Manager to be necessary to evaluate the permit application.
B. In lieu of completing the application described in Subsection (A), the applicant may show appropriate permits or documentation issued by the Town's Building and Safety Department that confirm an appropriate GCD has been installed in the FSE in accordance with the applicable California Building and Uniform Plumbing Codes adopted by the Town.
C. After evaluation and acceptance of the data provided by the applicant, an on-site inspection of the FSEs waste discharge system, treatment systems, or other systems relating to waste discharge may be required. The FOG Manager or their designee may then issue a FOG Permit subject to the terms and conditions provided in this Chapter and this Code.
10.02.060 FOG Term, Modifications and Conditions.
A. The FOG Permit shall be issued for a one (1) year period and shall be renewed annually and concurrently with the applicant's business license.
B. The terms and conditions of the permit may be subject to modification by the Town during the life of the permit as limitations or requirements as identified in Section
10.02.070 are modified and changed.
C. , The Permittee shall be informed by the Town of any proposed changes in the frequency of the cleaning required by the FOG Permit at least ten (10) days prior to the effective date of the change. Any changes or new conditions in the FOG Permit shall include a reasonable time schedule for compliance.
10.02.070 Requirements for Best Management Practices (BMPs).
All FSEs shall implement BMPs in their operations to minimize the discharge of FOG into the public sewer. General requirements for BMPs are set forth in this Section and more detailed requirements may be specified within the FOG Permit. Commercial and industrial dischargers shall also be in full compliance with the provisions of this Chapter.
A. All FSEs shall implement BMPs in accordance with the requirements and guidelines established by the Town under its FOG Control Program and this Chapter to minimize the discharge of FOG into the public sewer.
B. All FSEs shall be required, at a minimum, to comply with the following BMPs, when applicable:
1. Installation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation areas.
2. Segregation and collection of waste cooking oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to ensure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil and all manifests and paperwork shall be made available for inspection by the Town.
3. Disposal of food waste. All food waste shall be disposed of in accordance with Chapter 6.20 of this Code.
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C. Employee Training. At the time of hiring and at least annually thereafter, or as specified in the FOG Permit, the FSE shall train its employees on the following subjects:
1. How to "dry wipe" pots, pans, dishware, and work areas before washing to remove grease.
2. How to properly dispose of food waste and solids in accordance with Chapter 6.20 of this Code.
3. The location and use of absorptive products to clean under fryer baskets and other locations where grease may be spilled.
4. How to properly dispose of waste oil from cooking equipment into a grease receptacles such as a barrels or drums without spilling or splashing.
5. Training shall be documented and employee signatures retained indicating each employee's attendance and understanding of the practices reviewed.
Training records shall be available for review at any-reasonable time by the FOG Manager or Authorized Enforcement Officer.
D. The FOG Manager may require periodic reporting of the status of implementation of BMPs, in accordance with the FOG Control Program and this Chapter.
E. Maintenance of kitchen exhaust filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning the exhaust filter shall be disposed of properly.
F. Kitchen signage. BMPs and waste minimization practices shall be displayed on signs posted conspicuously in the food preparation and dish washing areas at all times.
10.02.080 Right of Entry, Inspection and Sampling Conditions.
A. The FOG Manager may inspect or order the inspection and sample of all parts of the FSEs wastewater generating and disposal facilities for the purposes of ascertaining whether the intent of this Chapter is being met and the Permittee is complying with all FOG Permit and other requirements. Inspection and sampling shall be completed during normal business hours. No person shall interfere with, delay, resist or refuse entrance to the FOG Manager or Authorized Enforcement Officers attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the public sewer and compliance with the requirements of a FOG permit. Inspections shall to include assessment of the GCD, review of manifests, related FOG service receipts and invoices and other records relating to the cleaning, maintenance and inspection of such GCDs. In the event of an emergency involving an actual or imminent SSO, Authorized Enforcement Officers may access adjoining businesses or properties which share a building sewer system with a FSE in order to prevent or remediate an actual or imminent SSO.
B. The FOG Manager shall have the right to place or order the placement on the FSEs property or other locations as determined by the FOG Manager, such devices as are necessary to conduct sampling or metering operations. Where a FSE has security measures in force, the Permittee shall make necessary arrangements so that Authorized Enforcement Officers shall be permitted to enter without delay for the purpose of performing their specific responsibilities.
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10.02.090 Determination of Compliance with FOG Permit Conditions A. Inspection Procedures. Inspection of FSEs shall be conducted in the time, place, manner and frequency determined at the sole discretion of the FOG Manager and shall include but not be limited to BMPs, the 25% rule for grease interceptors, maintenance frequency requirements for GCDs, FOG Permit discharge conditions, or any discharge provisions of this Chapter.
B. Sampling Procedures. Sampling of the wastewater discharge of FSEs shall be conducted in the time, place, manner and frequency determined at the sole discretion of the FOG Manager. Non-compliance with FOG Permit discharge conditions, or any discharge provision of this Chapter may be determined by an analysis of a Grab or Composite Sample of the FSEs effluent. Any sample taken from a sample point is considered to be representative of the FSEs discharge to the public sewer.
C. Specialty FOG Compliance Charge. Any Permittee determined to be in noncompliance with the terms and conditions specified in its FOG Permit and/or any provision of this Chapter shall pay Specialty FOG Compliance Charges in·addition to any other FOG related charges required by this Chapter. The purpose of these charges are to compensate the Town for the costs of additional inspection and follow-up, sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the permittee's non-compliance, and shall be in addition to and not in lieu of any penalties or fines as may be assessed under other provisions of this Chapter. Specialty FOG Compliance Charges shall be only those amounts necessary to cover the actual costs incurred by the Town to obtain permittee compliance with this Chapter.
10.02.100 Monitoring Facilities Requirements.
A. The Town may require FSEs to construct and maintain in proper operating condition at the FSEs sole expense, flow monitoring, monitoring of wastewater constituents and characteristics and/o.r sampling facilities.
B. The location of the monitoring or metering facilities shall be subject to approval by the FOG Manager. FSEs may be required to provide immediate, clear, safe and uninterrupted access to the FOG Manager or inspectors to the FSEs monitoring and metering facilities.
C. FSEs may also be required by the FOG Manager to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of the GCD and compliance with this Chapter.
10.02.110 Grease Interceptor General Requirements.
A. All FSEs shall provide a GCD acceptable to the Town under the requirements and standards established herein before discharging to the public sewer. An FSE required to provide a GCD shall install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this Chapter.
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B. Grease interceptor sizing and installation shall conform to the current edition of the California Uniform Plumbing Code. Interceptors shall be constructed in accordance with the design approved by the Building Official or their designee and shall have a minimum of two compartments with fittings designed for FOG retention.
C. The grease interceptor shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning, and removal of accumulated FOG.
D. Access manholes, with a minimum diameter of twenty (20) inches, shall be provided over each Interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent non-wastewater inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, FOG removal, and wastewater sampling activities.
E. Grease interceptors shall be maintained in efficient operating conditions by removing accumulated FOG in accordance with the established maintenance frequency established by the FOG Manager.
F. Grease interceptors shall be inspected. periodically by the permittee and at least annually by the FOG Manager or an Authorized Enforcement Officer to check for leaking seams and pipes and for effective operation of the baffles and sample, inlet, and outlet tees.
10.02.120 Grease Trap General Requirements.
A. FSEs may be required to install grease traps in the wastewater line leading from drains, sinks, and other fixtures or equipment where FOG may be introduced into the sewer system in quantities that can cause blockage.
B. Sizing and installation of grease traps shall conform to the current edition of the California Uniform Plumbing Code.
C. Grease traps shall be inspected periodically by the permittee and at least annually by the FOG Manager or an Authorized Enforcement Officer to check for leaking seams and pipes and for effective operation of the baffles and flow regulating device.
10.02.130 Grease Interceptor and Grease Trap Use and Maintenance Requirements.
A. All existing GCDs shall be maintained in efficient operating condition by periodic removal of the accumulated FOG in accordance with the established maintenance frequency established by the FOG Manager and as specified in the FOG Permit.
Each permittee shall be responsible for the proper removal and disposal by appropriate means of the captured FOG material. No such accumulated FOG shall be introduced into any sewer lateral or the public sewer.
B. The FOG Manager shall assign each FSE one of the following collection/maintenance frequencies: thirty (30) days, sixty (60) days, ninety (90) Days, one-hundred-twenty (120) days, or one-hundred-eighty (180) days and may increase or decrease the service frequency of the GCD as deemed necessary to maintain the GCD designed efficiency.
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C. Grease interceptors and traps and their baffles shall be maintained free of all caked-on FOG waste. Removable baffles shall be removed and cleaned during the maintenance process.
D. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer system, storm drain, or public right of way during maintenance activities.
E. FSEs with GCDs may be required to submit data and information necessary to establish the maintenance frequency of the GCD at any time.
F. The maintenance frequency for all FSEs with GCDs shall be determined in one of the following methods:
1. Unless otherwise specified by the FOG Manager or in the FOG Permit, all FSEs with grease interceptors shall ensure they are maintained not less than once every three (3) months. The maintenance frequency for a grease trap shall be every thirty (30) days unless otherwise specified by the FOG Manager or in the FOG Permit. The Fog Manager may increase or decrease the maintenance frequency based on the actual generation of FOG, historical data, or other conditions as deemed appropriate and necessary to protect the public sewer.
2. Grease interceptors shall be fully pumped out and cleaned or maintained at a frequency such that the combined FOG and solids accumulation does not exceed twenty-five percent (25%) of the total design hydraulic depth of the grease interceptor (the "25% Rule"). The 25% Rule ensures that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG from Wastewater discharged to the sewer system.
a. Grease interceptors shall be fully pumped out and cleaned quarterly when the frequency described in Subsection (B) has not yet been established.
b. The maintenance frequency shall be adjusted when sufficient data has been obtained to establish an average frequency based on the requirements described in this Section and guidelines adopted pursuant to this Chapter.
c. The Town may increase or decrease the maintenance frequency at any time to reflect changes in actual operating conditions in accordance with the intent of the FOG Control Program.
3. The owner of a FSE may submit a written request to the FOG Manager seeking a change in the maintenance frequency at any time. The FSE is responsible for the burden of demonstrating that the requested change in frequency reflects actual operating conditions, based on the average FOG accumulation over time, meets the requirements described in Subsection (f)(2), and is in full compliance with the conditions of its FOG Permit and this Chapter. If deemed justified by the Fog Manager or their designee, the FOG Permit shall be revised and reissued accordingly to reflect the change in maintenance frequency.
4. If at any time a grease interceptor or trap contains FOG and solid accumulation that does not meet the requirements described in Subsection (F)(2) or in excess of its capacity, the FSE shall be required to have the
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interceptor serviced immediately and remove all FOG, sludge, and other materials. As a result, and if deemed necessary, the FOG Manager may increase the grease interceptor maintenance frequency to ensure no FOG reaches the public sewer. Notice of any change to the maintenance frequency shall be given to permittee by written notice from the FOG Manager.
5. Wastewater, accumulated FOG, floating materials, sludge/solids, and other materials removed from grease interceptors shall be properly disposed of off-site by waste haulers in accordance with federal, state and/or local laws.
6. A FSE that is on a thirty (30) day grease trap maintenance frequency and requires more frequent maintenance shall submit plans to the Building and Safety Department for the installation and use of a grease interceptor.
Exceptions may be granted if:
a. There is inadequate space for the installation of a grease interceptor; or
b. There is inadequate slope for gravity flow between the kitchen plumbing fixtures and the grease interceptor.
10.02.140 Maintenance Reports Required.
A. Permittees shall be required to maintain all records of GCD cleaning and maintenance on the premises of the FSE. Such records shall be in the form of a service manifest as may be required by the FOG Manager in accordance with the conditions imposed by the FOG Permit. Permittees shall submit service manifests directly to the FOG Manager, or the GCD servicers may submit such manifests to the FOG Manager on behalf of the permittee.
B. The FOG Manager may require visual monitoring/inspection using closed circuit television at the sole expense of the permittee to observe the actual conditions of the FSEs sewer system lines downstream.
C. The FOG Manager may require a permittee to prepare reports for self-monitoring of wastewater constituents and characteristics to determine compliance with any conditions or requirements specified in the FOG Permit. Monitoring reports of the analyses of wastewater constituents and characteristics shall be prepared in a manner and form approved by the FOG Manager and upon their request shall be submitted by the permittee to the Town. A permittee's failure to perform any required monitoring, or to submit monitoring reports required by the FOG Manager constitutes a violation of this Chapter and shall be cause for the Town to initiate all necessary tasks and analyses to determine the wastewater constituents and characteristics for compliance with any conditions and requirements specified in the FOG Permit or this Chapter. Permittees shall be responsible for any and all expenses of the Town in undertaking such monitoring analyses and preparation of reports.
D. Failure to accurately maintain FOG control monitoring reports or GCD service manifests with the appropriate information and/or failure to make such records available upon request are considered violations of the FOG Permit.
E. Record Keeping Requirements. Permittees shall be required to keep all paper or electronic manifests, receipts and invoices of all cleaning, maintenance and FOG
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removal from GCDs, and records of waste haulers and disposal site location(s) for no less than two (2) years.
F. Upon request, permittees shall make the manifests, receipts and invoices available to the FOG Manager or any Authorized Enforcement Officer, including but not limited to the following:
1. A record of GCD cleaning and maintenance practices;
2. A record of 8MPs implemented and employee training; ·
3. Copies of records and manifests of interceptor contents removed by waste haulers;
4. Records of sampling data and sludge height monitoring for FOG and solids accumulation in grease interceptors;
5. Records of any spills or cleaning of the private sewer lateral or building sewer system by the FSE, or its contractors.
6. Any other information deemed appropriate by the FOG Manager to ensure compliance with this Chapter and the Fog Control Program.
G. Falsifying information or tampering with a GCD is prohibited. Any person who makes any false statement, representation, record, report, plan or other document that is filed with the Town, or tampers with or knowingly renders inoperable any GCD, monitoring device or access point required under this Chapter shall be in violation of this Code and subject to the penalties herein.
10.02.150 Notification of Changes in FSE Facilities and Operations.
A. · FSE permittees shall notify the Fog Manager at least sixty (60) days in advance of· any facility expansion or remodeling; process modifications that may result in new or substantially increased FOG discharges, or a change in the nature of the discharge. Permittees shall notify the Town in writing of the proposed change and shall submit any information requested by the Town for evaluation of the effect of such change to the wastewater discharged by the FSE into the sewer system.
8. Any expansion or remodel requires an application and plan review submittal with the appropriate fees prior to any changes. Upon plan approval, construction permits shall be obtained from all applicable departments and public agencies.
10.02.160 Compliance Schedule Agreement (CSA).
A. Upon determination that a permittee is in non-compliance with the terms and conditions specified in its FOG Permit or any provision of this Chapter, or needs to construct or acquire and install a GCD, the FOG Manager may require the permittee to enter into a Compliance Schedule Agreement (CSA) with the Town.
8. The issuance of a CSA may contain terms and conditions including but not limited to requirements for audit of waste hauling records, 8MPs and waste minimization practices, payment of fees, or other provisions to ensure compliance with this Chapter.
C. The FOG Manager shall not enter into a CSA until such time as all amounts owed to the Town, including user fees, non-compliance sampling fees or other amounts due are paid in full.
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D. If compliance is not achieved in accordance with the terms and conditions of a CSA during its term, the FOG Manager may recommend an order suspending or revoking the discharge permit pursuant to Section 10.02.260 of this Chapter or pursue other appropriate enforcement mechanisms.
10.02.170 Sewer System Overflows (SSOs), Public Nuisance Abatement, and Cost Recovery.
A. SSOs may cause threat and injury to public health, safety, and welfare of life and property, cause detrimental impacts to the public sewer and are hereby declared public nuisances. FSEs found to have contributed to a sewer blockage, SSO, or any sewer system interferences resulting from the discharge of wastewater or waste containing FOG, may be subject to the following.
1. An administrative civil penalty as specified in Section 10.02.330;
2. Closure of all FSE operations that will further impact the SSO or other nuisance condition;
3. A requirement to immediately utilize a licensed professional clean up service contractor or similar qualified environmental cleanup service to abate all FOG or public sewer pollutants located at the surface that are deemed by the FOG Manager or Authorized-Enforcement Officer to be a public nuisance;
4. Pass a clearance inspection conducted by the FOG Manager or Authorized Enforcement Officer clearing the FSE of further clean up requirements related to the SSO or FOG permit; and
5. · Reimburse the Town for all expenses associated to the investigation and abatement action taken by Town staff or its contractors related to an SSO caused by a FSE.
B. Furthermore, sewer lateral failures and SSOs caused by FSEs alone or collectively, are the responsibility of the private property owner, the FSE, and any individual(s) that may be the owners or responsible parties of the FSE. If the Town must act immediately to contain and/or clean up an SSO caused by blockage of a private sewer lateral or building sewer system of a FSE, or at the request of the property owner or operator of the FSE, or because of the failure of the property owner or FSE to abate the condition causing immediate threat of injury to the health, safety, welfare, or property of the public, the costs for such abatement shall be entirely borne by the private property owner, the FSE, and any individual(s) that may be the owners or responsible parties of the FSE and may constitute a debt to the Town and become due and payable upon the Town's request for reimbursement of such costs.
10.02.180 Notification of Spill.
A. In the event a permittee is unable to comply with any FOG Permit condition due to a breakdown of equipment, accidents, human error or the permittee has reasonable opportunity to know that their discharge will exceed the discharge provisions of the FOG permit, the discharger shall immediately notify the Town's Code Enforcement, Public Works, or Building and Safety Departments by
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telephone. If the material discharged to the public sewer has the potential to cause or result in sewer blockages or SSOs, the discharger shall immediately notify the Town's Public Works Department - Waste Water Division by telephone, or in person at Town Hall if such discharge is occurring during normal business hours, or the Town's after hours emergency telephone number for discharges occurring when the Town is closed. The aforementioned contact information shall be printed upon the FSE's FOG Permit
B. Notification shall also be made in writing to the FOG Manager at the address specified in the FOG Permit no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken by the FSE and the Town to immediately correct the problem, and what steps are being taken by the FSE to prevent the problem from recurring.
C. Notification shall not relieve the permittee of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the Town or any other damage or loss to person or property; nor shall such notification relieve the permittee of any fees or other liability which may be imposed by this Chapter or applicable law.
10.02.190 Food Grinders Prohibited
No Person shall install food grinders in the plumbing system of any FSE New Construction. All existng food grinders shall be removed from FSEs within one hundred eighty (180) days of the effective date of this Chapter.
10.02.200 Additives Prohibited
No Person shall introduce any additives into a FSE's wastewater system for the purpose of emulsifying or biologically/chemically treating FOG for grease remediation or as a supplement to interceptor maintenance.
10.02.210 Unlawful Disposal of Cooking Oil
No Person shall dispose of waste cooking oil into sewer system pipes. All waste cooking oils shall be collected and stored properly in receptacles such as barrels or drums for recycling or other acceptable methods of disposal.
10.02.220 Unlawful Discharge from Dishwashers
No Person shall discharge wastewater from dishwashers to any GCD. Discharge of wastewater with temperatures in excess of one-hundred-forty (140) degrees Fahrenheit to any GCD is also prohibited.
10.02.230 Unlawful Discharge of Human Waste
No Person shall discharge waste from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease interceptor service.
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10.02.240 Unlawful Discharge of FOG ·
No Person shall discharge any waste, including FOG and solid materials removed from GCDs into the public sewer. Grease removed from GCDs shall be hauled away for disposal as part of the operation and maintenance requirements for all GCDs.
10.02.250 Dilution of Discharge Prohibited
No FSE shall increase the use of water or in any other manner attempt to·dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Chapter or a FOG Permit. ·
10.02.260 FOG Permit Suspension and Revocation.
A. Determination of suspension or revocation. The Town Manager or their designee, upon the recommendation of the FOG Manager or an Authorized Enforcement Officer, may revoke. or suspend any FOG Permit when they determine ·that a permittee:
1. Fails to comply with the terms and conditions of a CSA;
2. Knowingly provides a false statement, representation, record, report, or other document to the Town;
3. Refuses to provide records, reports, plans, or other documents required by the Town to determine permit terms or conditions, discharge compliance, or · compliance with this Chapter;
4. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method;
5. Refuses reasonable access to permittee's premises for inspection and monitoring purposes;
6. Does not make timely payment of all amounts owed to the Town for user charges, permit fees, or any other fees imposed pursuant to this chapter;
7. Causes interference, sewer blockages, or SSOs within the public sewer; or
8. Violates GCD maintenance requirements, any condition or limit of its FOG Permit or any provision of this Chapter.
B. Permit suspension and revocation process. When the Town Manger or their designee makes one or more of the determinations listed in Subsection (A) and therefore has reason to believe that grounds exist for suspension or revocation of a FOG Permit, he/she shall proceed as follows:
1. Notice. The Building Official or his designee shall give written notice of the proposed revocation or suspension by certified mail to the permittee setting forth a statement of the facts and grounds in support of revocation or suspension, also listing the time and place where the allegations and supporting evidence shall be heard by a hearing officer. The hearing date set forth in the written notice shall be not less than fifteen (15) calendar days and no more than forty-five (45) calendar days after the mailing of such notice.
2. Hearing. At the suspension or revocation hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by Page 284 of 398 Ordinance No. 564
presenting written or oral evidence. The hearing officer shall not be bound by the formal rules of evidence but may receive all evidence which may be relevant to the proposed action. The permittee is entitled to be heard and may be represented by counsel. The hearing officer may continue the hearing from time to time but no more than a total of sixty (60) days.
Additional written procedures for conduct of such hearings may be established by the Town Manager, approved by the Town Attorney, and shall be provided to the permittee with notice of the proposed action and hearing. Should the hearing officer determine not to suspend or revoke the permit, they may order additional enforcement actions, including but not limited to, a temporary suspension of the FOG Permit under terms and conditions that they deem appropriate given the facts and circumstances of the matter and that which supports the intent of this Chapter. Such other enforcement actions or the terms and conditions of any temporary suspension order shall be specified in the written decision of the hearing officer.
3. Written decision and order. The hearing officer shall issue their decision and order in writing within thirty (30) calendar days after the conclusion of the hearing. The written decision and order of a hearing officer shall be sent by certified mail to the permittee or the permittee's legal counsel or representative at their respective business addresses.
4. Effect. Upon final order of suspension or revocation, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any wastewater containing FOG directly or indirectly into the . public sewer for the term of the suspension, or in the event of a revocation, until such time as a new FOG Permit is applied for and approved by the Town. Nothing in this Section shall be construed as requiring the Town to issue a FOG Permit following an order of revocation. Any owner or responsible employee of the permittee shall be bound by the order of suspension or revocation and all costs for physically terminating and reinstating sewer service shall be borne by the permittee. Any future application for a FOG Permit at any location within the Town made by any person associated with an order of suspension or revocation may be denied by the Town after fully reviewing the records of the suspended or revoked permit and all pertinent findings.
5. Appeal. Any decision and written order issued by the Hearing Officer under this Section shall become final in all respects unless it is appealed to the Town Council in accordance with the provisions set forth in Chapter 2.04 of this Code.
10.02.270 Emergency Suspension or Termination Order.
A. By order of the Town Manager or their designee, any Authorized Enforcement Officer may immediately suspend or terminate sewer service on an emergency basis when the Building Official, Town Engineer, FOG Manager or Code Enforcement Manager determines that such suspension is necessary in order to stop an actual or impending discharge or SSO which presents or may present an
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I
imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause SSOs, sewer blockages, interference to the sewer system, or other public sewer facilities, or may cause the Town to violate any State or Federal law or regulation. Any person notified of an Emergency Suspension Order shall immediately cease and desist the discharge of all wastewater containing FOG to the public sewer or into a drainage course, storm drain, or otherwise uncontrolled onto any property.
B. In the event any FSE, permittee or discharger fails to comply voluntarily with the Emergency Suspension Order, the Town Manager or their designee shall take such steps as they deem necessary, including immediate physical disconnection from the public sewer connection to prevent or minimize damage to the environment, the public health and welfare, the sewer system or any other public sewer facilities.
C. As soon as reasonably practicable following the issuance of an Emergency Suspension Order, but in no event more than five (5) business days following the issuance of such order, a hearing officer shall hold a hearing to provide the FSE, permittee or discharger the opportqnity to present information in opposition to the issuance of the Emergency Suspension Order. Such a hearing shall not stay the effect of the Emergency Suspension Order. The hearing shall be conducted in accordance with procedures established by the Town Manager and approved by the Town Attorney. The hearing officer shall issue a written decision and order within two (2) business days and shall be sent by certified mail to the permittee or discharger or their legal counsel or representative at their respective business ,.
address. The decision of the hearing officer following the hearing shall be final and not appealable to the Town Council.
10.02.280 Assessment.of Charges and Damage or Interruption to Facilities or Operations.
A. Any person violating any of the provisions of this Chapter or who discharges FOG or other wastes in violation of any conditions of its permit, and whose discharge causes or contributes to any blockage or obstruction of the public sewer, damage to public or private property, or any other impairment of the operation of the Town's sewer facilities, shall be liable for all costs required to clean or repair the sewer facilities, together with any expenses incurred by the Town to resume normal operations. The total amount shall be payable by the violator within forty-five (45) days of invoicing by the Town. Such costs are payable in addition to any other applicable penalties provided by this Chapter.
B. Any person or FSE who discharges a waste which can be shown to have caused or significantly contributed to the Town violating its waste discharge requirements or incurring additional expenses or suffering losses or damage to its sewer system or any public sewer facilities, including those owned, operated or regulated by WWRA or other regulatory agencies, shall be liable for any costs or expenses incurred by the Town, including but limited to, regulatory fines, penalties, and assessments imposed on the Town by other agencies.
10.02.290 Termination of service.
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A. The FOG Manager or Public Works Manager, by order of the Town Manager or their designee, may physically terminate sewer service to any property for the following reasons:
1. Pursuant to any order of suspension or revocation of a FOG Permit; or
2. The failure of any person not holding a valid FOG Permit to immediately cease the FOG discharge, whether direct or indirect, to the public sewer after notice and the completion of any process pursuant to Section
10.02.270 of this Chapter.
B. All costs for physical disconnection and all costs for reinstating service shall be paid by the property owner, business owner, operator, orpermittee.
10.02.300 Enforcement mechanisms.
A. In order for the Town to comply with the laws, regulations, and rules imposed upon it t, ' regulatory agencies and to ensure that the public sewer system is protected anc is able to operate with the hig est degree of efficiency, and to protect the public health and environment; the·Town Council finds that specific enforcement provisions are needed to govern FSEs discharges to the public sewer. The Sections contained within this Chapter are meant to establish enforcement mechanisms to achieve a maximum degree of compliance with this Chapter. In its sole discretion and subject to the provisions of this Chapter, the Town may implement the use of any such enforcement mechanisms or use several mechanisms concurrently to enforce the provisions of this Chapter and/or any FOG Permit issued hereunder. The enforcement mechanisms provided in this Chapter may be cumulative with respect to other.enforcement mechanisms or civil and criminal penalties as may be otherwise available under state or federal laws.
B. Nothing in this Chapter is intended to prevent state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of this Chapter which also constitutes a violation of federal or state statutes and regulations, such as:
1. The Clean Water Act (33 USC Section 1251 et seq.);
2. The California Porter-Cologne Water Quality Act (California Water Code Section 13000 et seq.);
3. The California Hazardous Waste Control Law (California Health and Safety Code Sections 25100 through 25250);
4. The Resource Conservation and Recovery Act (42 USC Section 6901 et seq.);
5. California Government Code (Government Code) Sections 54739 through 54740.6; and
6. Any referenced state and federal laws, along with other pertinent laws, establishing the Town's authority and the enforcement mechanisms herein.
10.02.310 Violations and penalties.
A. Any person violating any of the provisions of or failing to comply with any of the requirements of this Chapter, a FOG Permit issued hereunder or the FOG Control
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Program shall be guilty of an infraction or misdemeanor in accordance with Title 1 of this Code and subject to the penalty provisions·set forth therein. Criminal citations may be issued by any authorized enforcement officer.
B. Any person violating the provisions of this Chapter, a FOG Permit issued hereunder, or the FOG Control Program may be issued an administrative citation by an authorized enforcement officer in accordance with Section 10.03.320 of this Chapter and Chapter 1.01 of this Code.
C. Any· person violating the provisions of this Chapter, a FOG Permit issued hereunder or the FOG Control Program may further be subject to any of the enforcement mechanisms and other remedies and penalty provisions as specified in Sections 10.03.320 through 10.03.360 of this Chapter.
0. Each and every day such condition or violation continues shall be regarded as a new and separate offense.
E. In addition to any other remedy specified in this Chapter, or otherwise provided at law or in equity, any provision of this Chapter may be enforced by injunction issued b ··he courts upon a civil suit brought by the Town.
10.02.320. Administrative Citations.
To address minor violations of this Chapter and. as deemed appropriate by the FOG Manager or other Authorized Enforcement Officers, civil penalties may be assessed using an administrative·citations procedure in accordance with the provisions of Chapter 1.01 . r of this Code. This enforcement mechanism shall be separate and distinct from the i administrative compl·nt and administrative civil. penalty procedure set forth in Section
10.02.330 of this Cha ter.
10.02.330 Administrative Complaint and Administrative Civil Penalties.
A. Except for Subsections (0)(3) and (0)(4) herein below, under the authority of Government Code Sections 54739, 54740.5 and 54740.6 the Town may issue an adninistrative complaint upon any person who has violated any provision of this Ch:.zpter; any permit condition, prohibition, or effluent limit; or any suspension, rev•)cation or other order issued hereunder. Alternatively, and at the discretion of the FOG Manager, the Town may issue an administrative citation to the FSE for violations of Subsections (0)(3) and (0)(4) in the amounts prescribed therein. The issuance of said administrative citation shall follow the procedures in accordance with Chapter 1.01 of this Code.
B. The administrative complaint shall be served by personal delivery or certified mail upon the person subject to the Town's discharge requirements and will advise the person served that the Town will conduct a hearing within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation(s), set forth the provisions of law authorizing civil liability
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to be imposed and the proposed administrative civil penalty.
C. The hearing shall be conducted by a hearing officer. At the hearing, the person served shall have an opportunity to respond to the allegations set forth in the admrnistrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with procedures to be established by the Town
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Manager and approved by the Town Attorney. Persons to whom administrative complaints have been issued may waive the right to a hearing, in which case a hearing shall not be conducted. Any Person dissatisfied with the decision of the Hearing Officer may appeal such decision to the Town Council by filing written notice with the Town Clerk specifying the grounds for such appeal within fifteen (15) days of notice of the Hearing Officer's decision and in accordance with Chapter 2.04 of this Code.
D. If after the hearing, or appeal, if any, it is found that the person violated reporting or discharge requirements, the Hearing Officer or the Town Council in the event of an appeal, may assess an administrative civil penalty against that Person. In determining the amount of the administrative civil penalty, the Hearing Officer or the Town Council in the event of an appeal may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs an --corrective action, if any, attempted or taken by the Person. Administrative civil penalties may be imposed as follows:
1. An amount not to exceed $1,000.00 per day for failing to obtain or refusing to renew a FOG Permit;
2. An amount not to exceed $2,000.00. per: day.forfailing or refusing to.furnish · or maintain Grease Interceptor or Grease Trap service monitoring reports or manifests; ·
3. An amount not to exceed $3,000.00 per day for failing or refusing to comply with the. established Grease Interceptor or Grease Trap maintenance service schedule established by the Fog Manager and as stated on the FOG - permit;
• 4. An amount not to exceed $5,000.00 per occurrence of a Sewer System Overflow (SSO);
5. An amount not to exceed·$10,000 per occurrence of a Sewer System Overflow (SSO) where the FSE has been issued a revocation, suspension, or cease and desist order by the FOG Manager, Building Official or their designee or other orders, or prohibition issued, reissued or adopted by the Town.
E. All monies collected under this Section shall be deposited in a special account of the Town and used for the purposes specified in Government Code Section 54740.5.
F. Unless appealed, orders issuing administrative civil penalties shall become effective and final upon issuance thereof and payment shall be made to the Town within thirty (30) days. Copies of these orders shall be served by personal service or registered mail upon the Person served with the administrative complaint and upon any other persons who appeared at the hearing and requested a copy.
G. The Town may elect to petition the Superior Court to confirm any order assessing administrative civil penalties and enter judgment as set forth Government Code Section 54750.
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H. Any Person aggrieved by a final order issued by the Town or the imposition of administrative civil penalties may appeal such orders or penalties in accordance with Chapters 1.01 and 2.04 of this Code.
I. The amount of any civil penalties imposed under this Section which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the Discharger from which the violation occurred resulting in imposition of the penalty. The Town shall cause the amount of uncollected penalties to be recorded with the County Recorder in accordance with Government Code Section 54740.5.
J. No administrative civil penalties shall be recoverable under this Section for any violation for which the Town has recovered judicial civil·penalties through a proceeding filed pursuant to Government Code Section 54740 and Section
10.02.340 of this Chapter.
10.02.340 Judicial Civil Penalties.
Any person who intentionally or negligentlyviolates any provision of this Chapter or any provision of any FOG Permit issued hereunder shall be civilly liable to the Town in a sum not to exceed $25,000 per day for each and every day during any portion of which any violation of this Chapter is committed, continued, or permitted by such person. The Town may petition the Superior Court pursuant to Government Code Section 54740 to impose, assess, and recover such sums. No judicial civil penalties shall be recoverable under this Section for any violation for which the Town has recovered administrative civil penalties under Government Code Section 54740.5 and Section 10.02.330 ofthis Chapter.
10.02.350 Injunctive Relief.
Whenever a discharge of wastewater is in violation of the provisions of this Chapter, the . Town may petition the Superior Court for issuance of a preliminary of permanent injunction, or both, as may be appropriate in restraining the·continuance of such discharge.
10.02.360 Payment of charges.
A. Except as otherwise provided in this Chapter, all fees, charges and penalties established by this Chapter are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five (45) days after date of such notice B. After the delinquency date, unpaid fees, charges, fines and penalties shall constitute a debt to the Town and may also be assessed on the annual business license. Such debt shall be due upon renewal of the annual business license. No· business license shall be issued or renewed until this debt has been paid in full.
Operation of an unlicense,d business shall be enforced pursuant to the provisions set forth in Title 5 of this Code."
SECTION 6. Revisions. The changes made to Sections 10.01.010 and 10.01.070 of the Town of Apple Valley Municipal Code are shown in Exhibit A attached hereto.
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SECTION 7. CEQA. The Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State Guidelines to Implement CEQA, which states that actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment are exempt from CEQA review.
SECTION 8. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Town Council of the Town of Apple Valley hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 9. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
SECTION 10. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under section 36933 of the Government Code of the State of California.
Ordinance No. 564
, APPROVED, AND ADOPTED by the Town Council of the Town of Apple Valley, ..
California, at a regular meeting held on the 28th day of February 2023.
ATTEST:
APPROVED AS TO FORM: APPROVED AS TO CONTENT
n .
Manager
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
TOWN OF APPLE VALLEY
I, HANNAH RALEIGH, DEPUTY TOWN CLERK of the Town of Apple Valley, California, hereby certify that the foregoing Ordinance No. 564 was duly introduced on February 14, 2023 and adopted at the Town Council adjourned meeting on February 28, 2023, by the following vote:
AYES: Council Members, Bishop, Emick, Leon, Mayor Pro-Tern Cusack, Mayor Nassif.
NOES: None.
ABSENT: · None.
ABSTAIN: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Town of Apple Valley, California, this 28th day of February, 2023.
HANNAH RALEIGH
DEPUTY TOWN CLERK
BY:
Hannah Raleigh, Deputy Clerk
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
TOWN OF APPLE VALLEY
I, Hannah Raleigh, Deputy Town Clerk of the Town of Apple Valley, California, do hereby certify that the attached Ordinance No. 564 was adopted on February 28, 2023 by the Town Council of the Town of Apple Valley and has been published in a newspaper of general circulation, published and circulated in the Town in a manner permitted under Section 36933 of the Government Code,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Town of Apple Valley, California, this 28th day of February, 2023.
HANNAH RALEIGH
D.EPUTY TOWN CLERK
Hannah Raleigh, Deputy Clerk
Town Council Agenda Report
Date: July 22, 2025
To: Honorable Mayor and Town Council
Subject: APPROVE RESOLUTION NO. 2025-20 AMENDING THE
CLASSIFICATION AND SALARY PLAN AND GRADE AND STEP
TABLE FOR THE TOWN OF APPLE VALLEY
From: Douglas Robertson, Town Manager
Submitted by: Kristine Shoup, Human Resources Manager
Human Resources Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Approve Resolution No. 2025-20, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan and Grade and Step Table.
BACKGROUND
On May 27, 2025, the Town Council approved a 6% Cost-of-Living Adjustment (COLA) for all Town employees, effective July 1, 2025. As a result, both the Classification Plan and the Grade and Step Table have been updated to reflect the COLA.
In addition to the COLA, a review of internal salary structures revealed misalignment among certain management-level classifications. Specifically, Manager classifications assigned to Range 69 were identified as being out of alignment with comparable positions at similar levels of responsibility. To address this, staff is recommending that these classifications be reassigned to Range 72 to better reflect organizational equity and consistency. There is no immediate salary impact for employees currently placed on Range 69, as their current step will translate directly to the equivalent step in Range 72.
Lastly, both the Classification and Salary Plan and the Grade and Step Table have been reformatted to display four decimal places in all hourly and salary rates. This change was made to ensure compatibility and alignment with the Town’s Enterprise Resource Planning (ERP) system, which performs calculations to the fourth decimal point. This update will improve payroll accuracy, reduce rounding errors, and enhance system integration going forward.
FISCAL IMPACT
There is no cost associated with the recommended amendments. The 6% COLA was included in the FY 2025–2026 adopted budget. The reclassification of Range 69 to Range 72 has no immediate fiscal impact since it does not change incumbent salaries. The formatting changes are administrative in nature and do not affect costs.
ATTACHMENTS
A. Resolution 2025-20
B. Updated Classification and Salary Plan
C. Updated Grade and Step Plan
RESOLUTION NO. 2025-20
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY AMENDING THE CLASSIFICATION
AND SALARY PLAN AND GRADE AND STEP TABLE FOR
THE TOWN OF APPLE VALLEY
WHEREAS, the Town Council of the Town of Apple Valley has established Classification and Salary Plan and Grade and Step Table for the Town of Apple Valley; and
WHEREAS, the Town Council of the Town of Apple Valley wishes to modify the classification and salary plan and grade and step table for the Town of Apple Valley.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AS FOLLOWS:
Section 1. The Town Council finds that all of the facts set forth in the Recitals of this Resolution, are true and correct, and are incorporated herein by reference.
Section 2. The Town Council hereby adopts the Classification and Salary Plan as shown in Attachment B.
Section 3. The Town Council hereby adopts the Grade and Step Table as shown in Attachment C.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect.
Section 5. Effective Date. This Resolution is effective immediately. All resolutions, parts of resolutions in conflict herewith are hereby amended to be consistent herewith.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 22th day of July 2025.
________________________
Scott Nassif, Mayor
ATTEST:
___________________________
La Vonda M-Pearson, Town Clerk
Position Classification Range
Monthly Salary
Min
To
Monthly Salary
Max
Account Clerk I 36 $3,459.1799 to $4,887.7307
Account Clerk II 40 $3,818.2874 to $5,395.1401
Accountant I 52 $5,135.1720 to $7,255.8636
Accountant II 55 $5,530.0186 to $7,813.7715
Accountant, Senior 61 $6,413.1262 to $9,061.5794
Accounting Technician 46 $4,428.0427 to $6,256.7085
Administrative Analyst I 55 $5,530.0186 to $7,813.7715
Administrative Analyst II 61 $6,413.1262 to $9,061.5794 Administrative Assistant 42 $4,011.5882 to $5,668.2691
Administrative Assistant, Senior 48 $4,652.2124 to $6,573.4543 Animal Behaviorist 44 $4,214.6748 to $5,955.2252
Animal Health Assistant 39 $3,725.1584 to $5,263.5513
Animal Health Supervisor 59 $6,104.1058 to $8,624.9417
Animal Outreach Assistant 39 $3,725.1584 to $5,263.5513 Animal Services Supervisor 59 $6,104.1058 to $8,624.9417 Animal Services Assistant 30 $2,982.8400 to $4,214.6748 Animal Services Attendant 37 $3,545.6594 to $5,009.9239 Animal Services Manager 72 $8,414.5773 to $11,889.5775
Animal Services Officer I 42 $4,011.5882 to $5,668.2691 Animal Services Officer II 46 $4,428.0427 to $6,256.7085 Animal Services Officer Trainee 38 $3,634.3009 to $5,135.1720 Town of Apple Valley Classification Plan FY 2025-2026
Effective: 07/01/2025
Position Classification Range
Monthly Salary
Min
To
Monthly Salary
Max
Town of Apple Valley Classification Plan FY 2025-2026
Animal Services Officer, Senior 52 $5,135.1720 to $7,255.8636 Animal Services Specialist, Senior 39 $3,725.1584 to $5,263.5513 Animal Services Technician 40 $3,818.2874 to $5,395.1401 Assistant Director of Community Development 76 $9,288.1189 to $13,123.8689 Assistant Director of Community Enhancement 76 $9,288.1189 to $13,123.8689 Assistant Director of Econ Dev & Housing 76 $9,288.1189 to $13,123.8689 Assistant Director of Energy & Environmental Services 76 $9,288.1189 to $13,123.8689 Assistant Director of Finance 76 $9,288.1189 to $13,123.8689 Assistant Planner 53 $5,263.5513 to $7,437.2602
Assistant Pool Manager 37 $3,545.6594 to $5,009.9239
Assistant Town Clerk 64 $6,906.2355 to $9,758.3299
Assistant Town Manager NR $16,802.0600 to $23,740.8709
Associate Planner 59 $6,104.1058 to $8,624.9417
Code Enforcement Manager 72 $8,414.5773 to $11,889.5775 Code Enforcement Officer I 46 $4,428.0427 to $6,256.7085 Code Enforcement Officer II 52 $5,135.1720 to $7,255.8636 Code Enforcement Officer, Senior 55 $5,530.0186 to $7,813.7715 Code Enforcement Supervisor 59 $6,104.1058 to $8,624.9417 Community Enhancement Officer 44 $4,214.6748 to $5,955.2252 Custodian 31 $3,057.4110 to $4,320.0417
Customer Service Representative 38 $3,634.3009 to $5,135.1720
Effective: 07/01/2025
Position Classification Range
Monthly Salary
Min
To
Monthly Salary
Max
Town of Apple Valley Classification Plan FY 2025-2026
Deputy Town Clerk 53 $5,263.5513 to $7,437.2602
Director of Animal Services 86 $11,889.5775 to $16,799.6617 Director of Business Development and Communication 86 $11,889.5775 to $16,799.6617 Director of Community Development 86 $11,889.5775 to $16,799.6617 Director of Finance 86 $11,889.5775 to $16,799.6617
Director of Government Services 86 $11,889.5775 to $16,799.6617 Director of Innovation and Technology 86 $11,889.5775 to $16,799.6617 Director of Municipal Services 86 $11,889.5775 to $16,799.6617 Director of Parks and Recreation 86 $11,889.5775 to $16,799.6617 Director of Public Works 86 $11,889.5775 to $16,799.6617 Economic Development Assistant 53 $5,263.5513 to $7,437.2602 Economic Development Manager 72 $8,414.5773 to $11,889.5775 Economic Development Specialist I 59 $6,104.1058 to $8,624.9417 Economic Development Specialist II 65 $7,078.8914 to $10,002.2882 Entertainment Production Supervisor 59 $6,104.1058 to $8,624.9417 Environmental Programs Coordinator 59 $6,104.1058 to $8,624.9417 Equipment Operator 48 $4,652.2124 to $6,573.4543
Event Assistant 30 $2,982.8400 to $4,214.6748
Event Coordinator 51 $5,009.9239 to $7,078.8914
Executive Assistant 54 $5,395.1401 to $7,623.1917
Facilities Supervisor 59 $6,104.1058 to $8,624.9417
Effective: 07/01/2025
Position Classification Range
Monthly Salary
Min
To
Monthly Salary
Max
Town of Apple Valley Classification Plan FY 2025-2026
Finance Analyst 67 $7,437.2602 to $10,508.6540
Finance Manager 72 $8,414.5773 to $11,889.5775
Fiscal Services Supervisor 61 $6,413.1262 to $9,061.5794 Fleet Mechanic 45 $4,320.0417 to $6,104.1058
Geographic Information Systems (GIS) Specialist 55 $5,530.0186 to $7,813.7715 Golf Services Aide 30 $2,982.8400 to $4,214.6748
Golf Services Retail Assistant 34 $3,292.4972 to $4,652.2124 Golf Services Supervisor 52 $5,135.1720 to $7,255.8636
Graphic and Web Designer 55 $5,530.0186 to $7,813.7715
Housing & Community Dev Specialist I 57 $5,809.9758 to $8,209.3437 Housing & Community Dev Specialist II 63 $6,737.7907 to $9,520.3219 Housing & Community Development Supervisor 65 $7,078.8914 to $10,002.2882 Housing & Community Development Technician 43 $4,111.8779 to $5,809.9758 Human Resources Analyst 61 $6,413.1262 to $9,061.5794
Human Resources Assistant 50 $4,887.7307 to $6,906.2355 Human Resources Coordinator 55 $5,530.0186 to $7,813.7715 Human Resources Manager 72 $8,414.5773 to $11,889.5775
Innovation and Technology Analyst 67 $7,437.2602 to $10,508.6540 Innovation and Technology Coordinator 63 $6,737.7907 to $9,520.3219 Innovation and Technology Specialist 55 $5,530.0186 to $7,813.7715 Innovation and Technology Technician 49 $4,768.5177 to $6,737.7907
Effective: 07/01/2025
Position Classification Range
Monthly Salary
Min
To
Monthly Salary
Max
Town of Apple Valley Classification Plan FY 2025-2026
Intern 30 $2,982.8400 to $4,214.6748
Lifeguard 34 $3,292.4972 to $4,652.2124
Maintenance Aide 30 $2,982.8400 to $4,214.6748
Maintenance Worker I 37 $3,545.6594 to $5,009.9239
Maintenance Worker II 41 $3,913.7446 to $5,530.0186
Maintenance Worker, Senior 45 $4,320.0417 to $6,104.1058 Manager of Legislative Affairs and Grants 72 $8,414.5773 to $11,889.5775 Municipal Services Technician 42 $4,011.5882 to $5,668.2691 Office Assistant 33 $3,212.1924 to $4,538.7438
Office Assistant, Senior 39 $3,725.1584 to $5,263.5513
Park and Recreation Manager 72 $8,414.5773 to $11,889.5775 Parks Supervisor 52 $5,135.1720 to $7,255.8636
Planner, Senior 65 $7,078.8914 to $10,002.2882
Planning Manager 72 $8,414.5773 to $11,889.5775
Planning Technician 43 $4,111.8779 to $5,809.9758
Pool Manager 40 $3,818.2874 to $5,395.1401
Principal Planner 70 $8,009.1158 to $11,316.6710
Public Information Officer 72 $8,414.5773 to $11,889.5775 Public Relations Specialist 53 $5,263.5513 to $7,437.2602 Public Relations Specialist, Senior 56 $5,668.2691 to $8,009.1158 Public Works Inspector 52 $5,135.1720 to $7,255.8636
Effective: 07/01/2025
Position Classification Range
Monthly Salary
Min
To
Monthly Salary
Max
Town of Apple Valley Classification Plan FY 2025-2026
Public Works Manager 72 $8,414.5773 to $11,889.5775
Public Works Supervisor 59 $6,104.1058 to $8,624.9417
Public Works Technician 43 $4,111.8779 to $5,809.9758
Records Technician 41 $3,913.7446 to $5,530.0186
Recreation Assistant 37 $3,545.6594 to $5,009.9239
Recreation Coordinator 47 $4,538.7438 to $6,413.1262
Recreation Leader I 30 $2,982.8400 to $4,214.6748
Recreation Leader II 34 $3,292.4972 to $4,652.2124
Recreation Specialist 43 $4,111.8779 to $5,809.9758
Recreation Supervisor 52 $5,135.1720 to $7,255.8636
Recreation Supervisor, Senior 59 $6,104.1058 to $8,624.9417 Registered Veterinary Technician 46 $4,428.0427 to $6,256.7085 Rescue Coordinator 44 $4,214.6748 to $5,955.2252
Special Projects Manager 72 $8,414.5773 to $11,889.5775 Town Clerk 76 $9,288.1189 to $13,123.8689
Town Manager NR $24,929.0000 to $24,929.0000
Effective: 07/01/2025
Town of Apple Valley
Grade and Step Plan 2025-2026
Step 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8
30 $2,982.8400 $17.2087 $3,057.4110 $17.6389 $3,133.8463 $18.0799 $3,212.1924 $18.5319 $3,292.4972 $18.9952 $3,374.8097 $19.4701 $3,459.1799 $19.9568 $3,545.6594 31 $3,057.4110 $17.6389 $3,133.8463 $18.0799 $3,212.1924 $18.5319 $3,292.4972 $18.9952 $3,374.8097 $19.4701 $3,459.1799 $19.9568 $3,545.6594 $20.4557 $3,634.3009 32 $3,133.8463 $18.0799 $3,212.1924 $18.5319 $3,292.4972 $18.9952 $3,374.8097 $19.4701 $3,459.1799 $19.9568 $3,545.6594 $20.4557 $3,634.3009 $20.9671 $3,725.1584 33 $3,212.1924 $18.5319 $3,292.4972 $18.9952 $3,374.8097 $19.4701 $3,459.1799 $19.9568 $3,545.6594 $20.4557 $3,634.3009 $20.9671 $3,725.1584 $21.4913 $3,818.2874 34 $3,292.4972 $18.9952 $3,374.8097 $19.4701 $3,459.1799 $19.9568 $3,545.6594 $20.4557 $3,634.3009 $20.9671 $3,725.1584 $21.4913 $3,818.2874 $22.0286 $3,913.7446 35 $3,374.8097 $19.4701 $3,459.1799 $19.9568 $3,545.6594 $20.4557 $3,634.3009 $20.9671 $3,725.1584 $21.4913 $3,818.2874 $22.0286 $3,913.7446 $22.5793 $4,011.5882 36 $3,459.1799 $19.9568 $3,545.6594 $20.4557 $3,634.3009 $20.9671 $3,725.1584 $21.4913 $3,818.2874 $22.0286 $3,913.7446 $22.5793 $4,011.5882 $23.1438 $4,111.8779 37 $3,545.6594 $20.4557 $3,634.3009 $20.9671 $3,725.1584 $21.4913 $3,818.2874 $22.0286 $3,913.7446 $22.5793 $4,011.5882 $23.1438 $4,111.8779 $23.7224 $4,214.6748 38 $3,634.3009 $20.9671 $3,725.1584 $21.4913 $3,818.2874 $22.0286 $3,913.7446 $22.5793 $4,011.5882 $23.1438 $4,111.8779 $23.7224 $4,214.6748 $24.3154 $4,320.0417 39 $3,725.1584 $21.4913 $3,818.2874 $22.0286 $3,913.7446 $22.5793 $4,011.5882 $23.1438 $4,111.8779 $23.7224 $4,214.6748 $24.3154 $4,320.0417 $24.9233 $4,428.0427 40 $3,818.2874 $22.0286 $3,913.7446 $22.5793 $4,011.5882 $23.1438 $4,111.8779 $23.7224 $4,214.6748 $24.3154 $4,320.0417 $24.9233 $4,428.0427 $25.5464 $4,538.7438 41 $3,913.7446 $22.5793 $4,011.5882 $23.1438 $4,111.8779 $23.7224 $4,214.6748 $24.3154 $4,320.0417 $24.9233 $4,428.0427 $25.5464 $4,538.7438 $26.1851 $4,652.2124 42 $4,011.5882 $23.1438 $4,111.8779 $23.7224 $4,214.6748 $24.3154 $4,320.0417 $24.9233 $4,428.0427 $25.5464 $4,538.7438 $26.1851 $4,652.2124 $26.8397 $4,768.5177 43 $4,111.8779 $23.7224 $4,214.6748 $24.3154 $4,320.0417 $24.9233 $4,428.0427 $25.5464 $4,538.7438 $26.1851 $4,652.2124 $26.8397 $4,768.5177 $27.5107 $4,887.7307 44 $4,214.6748 $24.3154 $4,320.0417 $24.9233 $4,428.0427 $25.5464 $4,538.7438 $26.1851 $4,652.2124 $26.8397 $4,768.5177 $27.5107 $4,887.7307 $28.1984 $5,009.9239 45 $4,320.0417 $24.9233 $4,428.0427 $25.5464 $4,538.7438 $26.1851 $4,652.2124 $26.8397 $4,768.5177 $27.5107 $4,887.7307 $28.1984 $5,009.9239 $28.9034 $5,135.1720 46 $4,428.0427 $25.5464 $4,538.7438 $26.1851 $4,652.2124 $26.8397 $4,768.5177 $27.5107 $4,887.7307 $28.1984 $5,009.9239 $28.9034 $5,135.1720 $29.6260 $5,263.5513 47 $4,538.7438 $26.1851 $4,652.2124 $26.8397 $4,768.5177 $27.5107 $4,887.7307 $28.1984 $5,009.9239 $28.9034 $5,135.1720 $29.6260 $5,263.5513 $30.3666 $5,395.1401 48 $4,652.2124 $26.8397 $4,768.5177 $27.5107 $4,887.7307 $28.1984 $5,009.9239 $28.9034 $5,135.1720 $29.6260 $5,263.5513 $30.3666 $5,395.1401 $31.1258 $5,530.0186 49 $4,768.5177 $27.5107 $4,887.7307 $28.1984 $5,009.9239 $28.9034 $5,135.1720 $29.6260 $5,263.5513 $30.3666 $5,395.1401 $31.1258 $5,530.0186 $31.9040 $5,668.2691 50 $4,887.7307 $28.1984 $5,009.9239 $28.9034 $5,135.1720 $29.6260 $5,263.5513 $30.3666 $5,395.1401 $31.1258 $5,530.0186 $31.9040 $5,668.2691 $32.7016 $5,809.9758 51 $5,009.9239 $28.9034 $5,135.1720 $29.6260 $5,263.5513 $30.3666 $5,395.1401 $31.1258 $5,530.0186 $31.9040 $5,668.2691 $32.7016 $5,809.9758 $33.5191 $5,955.2252 52 $5,135.1720 $29.6260 $5,263.5513 $30.3666 $5,395.1401 $31.1258 $5,530.0186 $31.9040 $5,668.2691 $32.7016 $5,809.9758 $33.5191 $5,955.2252 $34.3571 $6,104.1058 53 $5,263.5513 $30.3666 $5,395.1401 $31.1258 $5,530.0186 $31.9040 $5,668.2691 $32.7016 $5,809.9758 $33.5191 $5,955.2252 $34.3571 $6,104.1058 $35.2160 $6,256.7085 54 $5,395.1401 $31.1258 $5,530.0186 $31.9040 $5,668.2691 $32.7016 $5,809.9758 $33.5191 $5,955.2252 $34.3571 $6,104.1058 $35.2160 $6,256.7085 $36.0964 $6,413.1262 55 $5,530.0186 $31.9040 $5,668.2691 $32.7016 $5,809.9758 $33.5191 $5,955.2252 $34.3571 $6,104.1058 $35.2160 $6,256.7085 $36.0964 $6,413.1262 $36.9988 $6,573.4543 56 $5,668.2691 $32.7016 $5,809.9758 $33.5191 $5,955.2252 $34.3571 $6,104.1058 $35.2160 $6,256.7085 $36.0964 $6,413.1262 $36.9988 $6,573.4543 $37.9238 $6,737.7907 57 $5,809.9758 $33.5191 $5,955.2252 $34.3571 $6,104.1058 $35.2160 $6,256.7085 $36.0964 $6,413.1262 $36.9988 $6,573.4543 $37.9238 $6,737.7907 $38.8719 $6,906.2355 58 $5,955.2252 $34.3571 $6,104.1058 $35.2160 $6,256.7085 $36.0964 $6,413.1262 $36.9988 $6,573.4543 $37.9238 $6,737.7907 $38.8719 $6,906.2355 $39.8437 $7,078.8914 59 $6,104.1058 $35.2160 $6,256.7085 $36.0964 $6,413.1262 $36.9988 $6,573.4543 $37.9238 $6,737.7907 $38.8719 $6,906.2355 $39.8437 $7,078.8914 $40.8398 $7,255.8636 60 $6,256.7085 $36.0964 $6,413.1262 $36.9988 $6,573.4543 $37.9238 $6,737.7907 $38.8719 $6,906.2355 $39.8437 $7,078.8914 $40.8398 $7,255.8636 $41.8608 $7,437.2602 61 $6,413.1262 $36.9988 $6,573.4543 $37.9238 $6,737.7907 $38.8719 $6,906.2355 $39.8437 $7,078.8914 $40.8398 $7,255.8636 $41.8608 $7,437.2602 $42.9073 $7,623.1917 62 $6,573.4543 $37.9238 $6,737.7907 $38.8719 $6,906.2355 $39.8437 $7,078.8914 $40.8398 $7,255.8636 $41.8608 $7,437.2602 $42.9073 $7,623.1917 $43.9800 $7,813.7715 63 $6,737.7907 $38.8719 $6,906.2355 $39.8437 $7,078.8914 $40.8398 $7,255.8636 $41.8608 $7,437.2602 $42.9073 $7,623.1917 $43.9800 $7,813.7715 $45.0795 $8,009.1158 64 $6,906.2355 $39.8437 $7,078.8914 $40.8398 $7,255.8636 $41.8608 $7,437.2602 $42.9073 $7,623.1917 $43.9800 $7,813.7715 $45.0795 $8,009.1158 $46.2064 $8,209.3437 65 $7,078.8914 $40.8398 $7,255.8636 $41.8608 $7,437.2602 $42.9073 $7,623.1917 $43.9800 $7,813.7715 $45.0795 $8,009.1158 $46.2064 $8,209.3437 $47.3616 $8,414.5773 66 $7,255.8636 $41.8608 $7,437.2602 $42.9073 $7,623.1917 $43.9800 $7,813.7715 $45.0795 $8,009.1158 $46.2064 $8,209.3437 $47.3616 $8,414.5773 $48.5456 $8,624.9417 67 $7,437.2602 $42.9073 $7,623.1917 $43.9800 $7,813.7715 $45.0795 $8,009.1158 $46.2064 $8,209.3437 $47.3616 $8,414.5773 $48.5456 $8,624.9417 $49.7593 $8,840.5653 68 $7,623.1917 $43.9800 $7,813.7715 $45.0795 $8,009.1158 $46.2064 $8,209.3437 $47.3616 $8,414.5773 $48.5456 $8,624.9417 $49.7593 $8,840.5653 $51.0033 $9,061.5794 69 $7,813.7715 $45.0795 $8,009.1158 $46.2064 $8,209.3437 $47.3616 $8,414.5773 $48.5456 $8,624.9417 $49.7593 $8,840.5653 $51.0033 $9,061.5794 $52.2783 $9,288.1189 70 $8,009.1158 $46.2064 $8,209.3437 $47.3616 $8,414.5773 $48.5456 $8,624.9417 $49.7593 $8,840.5653 $51.0033 $9,061.5794 $52.2783 $9,288.1189 $53.5853 $9,520.3219 71 $8,209.3437 $47.3616 $8,414.5773 $48.5456 $8,624.9417 $49.7593 $8,840.5653 $51.0033 $9,061.5794 $52.2783 $9,288.1189 $53.5853 $9,520.3219 $54.9249 $9,758.3299 72 $8,414.5773 $48.5456 $8,624.9417 $49.7593 $8,840.5653 $51.0033 $9,061.5794 $52.2783 $9,288.1189 $53.5853 $9,520.3219 $54.9249 $9,758.3299 $56.2981 $10,002.2882 73 $8,624.9417 $49.7593 $8,840.5653 $51.0033 $9,061.5794 $52.2783 $9,288.1189 $53.5853 $9,520.3219 $54.9249 $9,758.3299 $56.2981 $10,002.2882 $57.7055 $10,252.3454 74 $8,840.5653 $51.0033 $9,061.5794 $52.2783 $9,288.1189 $53.5853 $9,520.3219 $54.9249 $9,758.3299 $56.2981 $10,002.2882 $57.7055 $10,252.3454 $59.1481 $10,508.6540 75 $9,061.5794 $52.2783 $9,288.1189 $53.5853 $9,520.3219 $54.9249 $9,758.3299 $56.2981 $10,002.2882 $57.7055 $10,252.3454 $59.1481 $10,508.6540 $60.6269 $10,771.3704 76 $9,288.1189 $53.5853 $9,520.3219 $54.9249 $9,758.3299 $56.2981 $10,002.2882 $57.7055 $10,252.3454 $59.1481 $10,508.6540 $60.6269 $10,771.3704 $62.1425 $11,040.6546 77 $9,520.3219 $54.9249 $9,758.3299 $56.2981 $10,002.2882 $57.7055 $10,252.3454 $59.1481 $10,508.6540 $60.6269 $10,771.3704 $62.1425 $11,040.6546 $63.6961 $11,316.6710 78 $9,758.3299 $56.2981 $10,002.2882 $57.7055 $10,252.3454 $59.1481 $10,508.6540 $60.6269 $10,771.3704 $62.1425 $11,040.6546 $63.6961 $11,316.6710 $65.2885 $11,599.5878 79 $10,002.2882 $57.7055 $10,252.3454 $59.1481 $10,508.6540 $60.6269 $10,771.3704 $62.1425 $11,040.6546 $63.6961 $11,316.6710 $65.2885 $11,599.5878 $66.9207 $11,889.5775 80 $10,252.3454 $59.1481 $10,508.6540 $60.6269 $10,771.3704 $62.1425 $11,040.6546 $63.6961 $11,316.6710 $65.2885 $11,599.5878 $66.9207 $11,889.5775 $68.5937 $12,186.8169 81 $10,508.6540 $60.6269 $10,771.3704 $62.1425 $11,040.6546 $63.6961 $11,316.6710 $65.2885 $11,599.5878 $66.9207 $11,889.5775 $68.5937 $12,186.8169 $70.3086 $12,491.4873 82 $10,771.3704 $62.1425 $11,040.6546 $63.6961 $11,316.6710 $65.2885 $11,599.5878 $66.9207 $11,889.5775 $68.5937 $12,186.8169 $70.3086 $12,491.4873 $72.0663 $12,803.7745 Effective : 07/01/2025
Town of Apple Valley
Grade and Step Plan 2025-2026
Step 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8
83 $11,040.6546 $63.6961 $11,316.6710 $65.2885 $11,599.5878 $66.9207 $11,889.5775 $68.5937 $12,186.8169 $70.3086 $12,491.4873 $72.0663 $12,803.7745 $73.8679 $13,123.8689 84 $11,316.6710 $65.2885 $11,599.5878 $66.9207 $11,889.5775 $68.5937 $12,186.8169 $70.3086 $12,491.4873 $72.0663 $12,803.7745 $73.8679 $13,123.8689 $75.7146 $13,451.9656 85 $11,599.5878 $66.9207 $11,889.5775 $68.5937 $12,186.8169 $70.3086 $12,491.4873 $72.0663 $12,803.7745 $73.8679 $13,123.8689 $75.7146 $13,451.9656 $77.6075 $13,788.2647 86 $11,889.5775 $68.5937 $12,186.8169 $70.3086 $12,491.4873 $72.0663 $12,803.7745 $73.8679 $13,123.8689 $75.7146 $13,451.9656 $77.6075 $13,788.2647 $79.5477 $14,132.9713 87 $12,186.8169 $70.3086 $12,491.4873 $72.0663 $12,803.7745 $73.8679 $13,123.8689 $75.7146 $13,451.9656 $77.6075 $13,788.2647 $79.5477 $14,132.9713 $81.5364 $14,486.2956 88 $12,491.4873 $72.0663 $12,803.7745 $73.8679 $13,123.8689 $75.7146 $13,451.9656 $77.6075 $13,788.2647 $79.5477 $14,132.9713 $81.5364 $14,486.2956 $83.5748 $14,848.4530 89 $12,803.7745 $73.8679 $13,123.8689 $75.7146 $13,451.9656 $77.6075 $13,788.2647 $79.5477 $14,132.9713 $81.5364 $14,486.2956 $83.5748 $14,848.4530 $85.6642 $15,219.6643 90 $13,123.8689 $75.7146 $13,451.9656 $77.6075 $13,788.2647 $79.5477 $14,132.9713 $81.5364 $14,486.2956 $83.5748 $14,848.4530 $85.6642 $15,219.6643 $87.8058 $15,600.1559 Effective : 07/01/2025
Town of Apple Valley
Grade and Step Plan 2025-2026
Step
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15
$20.4557 $3,634.3009 $20.9671 $3,725.1584 $21.4913 $3,818.2874 $22.0286 $3,913.7446 $22.5793 $4,011.5882 $23.1438 $4,111.8779 $23.7224 $4,214.6748 $24.3154 $20.9671 $3,725.1584 $21.4913 $3,818.2874 $22.0286 $3,913.7446 $22.5793 $4,011.5882 $23.1438 $4,111.8779 $23.7224 $4,214.6748 $24.3154 $4,320.0417 $24.9233 $21.4913 $3,818.2874 $22.0286 $3,913.7446 $22.5793 $4,011.5882 $23.1438 $4,111.8779 $23.7224 $4,214.6748 $24.3154 $4,320.0417 $24.9233 $4,428.0427 $25.5464 $22.0286 $3,913.7446 $22.5793 $4,011.5882 $23.1438 $4,111.8779 $23.7224 $4,214.6748 $24.3154 $4,320.0417 $24.9233 $4,428.0427 $25.5464 $4,538.7438 $26.1851 $22.5793 $4,011.5882 $23.1438 $4,111.8779 $23.7224 $4,214.6748 $24.3154 $4,320.0417 $24.9233 $4,428.0427 $25.5464 $4,538.7438 $26.1851 $4,652.2124 $26.8397 $23.1438 $4,111.8779 $23.7224 $4,214.6748 $24.3154 $4,320.0417 $24.9233 $4,428.0427 $25.5464 $4,538.7438 $26.1851 $4,652.2124 $26.8397 $4,768.5177 $27.5107 $23.7224 $4,214.6748 $24.3154 $4,320.0417 $24.9233 $4,428.0427 $25.5464 $4,538.7438 $26.1851 $4,652.2124 $26.8397 $4,768.5177 $27.5107 $4,887.7307 $28.1984 $24.3154 $4,320.0417 $24.9233 $4,428.0427 $25.5464 $4,538.7438 $26.1851 $4,652.2124 $26.8397 $4,768.5177 $27.5107 $4,887.7307 $28.1984 $5,009.9239 $28.9034 $24.9233 $4,428.0427 $25.5464 $4,538.7438 $26.1851 $4,652.2124 $26.8397 $4,768.5177 $27.5107 $4,887.7307 $28.1984 $5,009.9239 $28.9034 $5,135.1720 $29.6260 $25.5464 $4,538.7438 $26.1851 $4,652.2124 $26.8397 $4,768.5177 $27.5107 $4,887.7307 $28.1984 $5,009.9239 $28.9034 $5,135.1720 $29.6260 $5,263.5513 $30.3666 $26.1851 $4,652.2124 $26.8397 $4,768.5177 $27.5107 $4,887.7307 $28.1984 $5,009.9239 $28.9034 $5,135.1720 $29.6260 $5,263.5513 $30.3666 $5,395.1401 $31.1258 $26.8397 $4,768.5177 $27.5107 $4,887.7307 $28.1984 $5,009.9239 $28.9034 $5,135.1720 $29.6260 $5,263.5513 $30.3666 $5,395.1401 $31.1258 $5,530.0186 $31.9040 $27.5107 $4,887.7307 $28.1984 $5,009.9239 $28.9034 $5,135.1720 $29.6260 $5,263.5513 $30.3666 $5,395.1401 $31.1258 $5,530.0186 $31.9040 $5,668.2691 $32.7016 $28.1984 $5,009.9239 $28.9034 $5,135.1720 $29.6260 $5,263.5513 $30.3666 $5,395.1401 $31.1258 $5,530.0186 $31.9040 $5,668.2691 $32.7016 $5,809.9758 $33.5191 $28.9034 $5,135.1720 $29.6260 $5,263.5513 $30.3666 $5,395.1401 $31.1258 $5,530.0186 $31.9040 $5,668.2691 $32.7016 $5,809.9758 $33.5191 $5,955.2252 $34.3571 $29.6260 $5,263.5513 $30.3666 $5,395.1401 $31.1258 $5,530.0186 $31.9040 $5,668.2691 $32.7016 $5,809.9758 $33.5191 $5,955.2252 $34.3571 $6,104.1058 $35.2160 $30.3666 $5,395.1401 $31.1258 $5,530.0186 $31.9040 $5,668.2691 $32.7016 $5,809.9758 $33.5191 $5,955.2252 $34.3571 $6,104.1058 $35.2160 $6,256.7085 $36.0964 $31.1258 $5,530.0186 $31.9040 $5,668.2691 $32.7016 $5,809.9758 $33.5191 $5,955.2252 $34.3571 $6,104.1058 $35.2160 $6,256.7085 $36.0964 $6,413.1262 $36.9988 $31.9040 $5,668.2691 $32.7016 $5,809.9758 $33.5191 $5,955.2252 $34.3571 $6,104.1058 $35.2160 $6,256.7085 $36.0964 $6,413.1262 $36.9988 $6,573.4543 $37.9238 $32.7016 $5,809.9758 $33.5191 $5,955.2252 $34.3571 $6,104.1058 $35.2160 $6,256.7085 $36.0964 $6,413.1262 $36.9988 $6,573.4543 $37.9238 $6,737.7907 $38.8719 $33.5191 $5,955.2252 $34.3571 $6,104.1058 $35.2160 $6,256.7085 $36.0964 $6,413.1262 $36.9988 $6,573.4543 $37.9238 $6,737.7907 $38.8719 $6,906.2355 $39.8437 $34.3571 $6,104.1058 $35.2160 $6,256.7085 $36.0964 $6,413.1262 $36.9988 $6,573.4543 $37.9238 $6,737.7907 $38.8719 $6,906.2355 $39.8437 $7,078.8914 $40.8398 $35.2160 $6,256.7085 $36.0964 $6,413.1262 $36.9988 $6,573.4543 $37.9238 $6,737.7907 $38.8719 $6,906.2355 $39.8437 $7,078.8914 $40.8398 $7,255.8636 $41.8608 $36.0964 $6,413.1262 $36.9988 $6,573.4543 $37.9238 $6,737.7907 $38.8719 $6,906.2355 $39.8437 $7,078.8914 $40.8398 $7,255.8636 $41.8608 $7,437.2602 $42.9073 $36.9988 $6,573.4543 $37.9238 $6,737.7907 $38.8719 $6,906.2355 $39.8437 $7,078.8914 $40.8398 $7,255.8636 $41.8608 $7,437.2602 $42.9073 $7,623.1917 $43.9800 $37.9238 $6,737.7907 $38.8719 $6,906.2355 $39.8437 $7,078.8914 $40.8398 $7,255.8636 $41.8608 $7,437.2602 $42.9073 $7,623.1917 $43.9800 $7,813.7715 $45.0795 $38.8719 $6,906.2355 $39.8437 $7,078.8914 $40.8398 $7,255.8636 $41.8608 $7,437.2602 $42.9073 $7,623.1917 $43.9800 $7,813.7715 $45.0795 $8,009.1158 $46.2064 $39.8437 $7,078.8914 $40.8398 $7,255.8636 $41.8608 $7,437.2602 $42.9073 $7,623.1917 $43.9800 $7,813.7715 $45.0795 $8,009.1158 $46.2064 $8,209.3437 $47.3616 $40.8398 $7,255.8636 $41.8608 $7,437.2602 $42.9073 $7,623.1917 $43.9800 $7,813.7715 $45.0795 $8,009.1158 $46.2064 $8,209.3437 $47.3616 $8,414.5773 $48.5456 $41.8608 $7,437.2602 $42.9073 $7,623.1917 $43.9800 $7,813.7715 $45.0795 $8,009.1158 $46.2064 $8,209.3437 $47.3616 $8,414.5773 $48.5456 $8,624.9417 $49.7593 $42.9073 $7,623.1917 $43.9800 $7,813.7715 $45.0795 $8,009.1158 $46.2064 $8,209.3437 $47.3616 $8,414.5773 $48.5456 $8,624.9417 $49.7593 $8,840.5653 $51.0033 $43.9800 $7,813.7715 $45.0795 $8,009.1158 $46.2064 $8,209.3437 $47.3616 $8,414.5773 $48.5456 $8,624.9417 $49.7593 $8,840.5653 $51.0033 $9,061.5794 $52.2783 $45.0795 $8,009.1158 $46.2064 $8,209.3437 $47.3616 $8,414.5773 $48.5456 $8,624.9417 $49.7593 $8,840.5653 $51.0033 $9,061.5794 $52.2783 $9,288.1189 $53.5853 $46.2064 $8,209.3437 $47.3616 $8,414.5773 $48.5456 $8,624.9417 $49.7593 $8,840.5653 $51.0033 $9,061.5794 $52.2783 $9,288.1189 $53.5853 $9,520.3219 $54.9249 $47.3616 $8,414.5773 $48.5456 $8,624.9417 $49.7593 $8,840.5653 $51.0033 $9,061.5794 $52.2783 $9,288.1189 $53.5853 $9,520.3219 $54.9249 $9,758.3299 $56.2981 $48.5456 $8,624.9417 $49.7593 $8,840.5653 $51.0033 $9,061.5794 $52.2783 $9,288.1189 $53.5853 $9,520.3219 $54.9249 $9,758.3299 $56.2981 $10,002.2882 $57.7055 $49.7593 $8,840.5653 $51.0033 $9,061.5794 $52.2783 $9,288.1189 $53.5853 $9,520.3219 $54.9249 $9,758.3299 $56.2981 $10,002.2882 $57.7055 $10,252.3454 $59.1481 $51.0033 $9,061.5794 $52.2783 $9,288.1189 $53.5853 $9,520.3219 $54.9249 $9,758.3299 $56.2981 $10,002.2882 $57.7055 $10,252.3454 $59.1481 $10,508.6540 $60.6269 $52.2783 $9,288.1189 $53.5853 $9,520.3219 $54.9249 $9,758.3299 $56.2981 $10,002.2882 $57.7055 $10,252.3454 $59.1481 $10,508.6540 $60.6269 $10,771.3704 $62.1425 $53.5853 $9,520.3219 $54.9249 $9,758.3299 $56.2981 $10,002.2882 $57.7055 $10,252.3454 $59.1481 $10,508.6540 $60.6269 $10,771.3704 $62.1425 $11,040.6546 $63.6961 $54.9249 $9,758.3299 $56.2981 $10,002.2882 $57.7055 $10,252.3454 $59.1481 $10,508.6540 $60.6269 $10,771.3704 $62.1425 $11,040.6546 $63.6961 $11,316.6710 $65.2885 $56.2981 $10,002.2882 $57.7055 $10,252.3454 $59.1481 $10,508.6540 $60.6269 $10,771.3704 $62.1425 $11,040.6546 $63.6961 $11,316.6710 $65.2885 $11,599.5878 $66.9207 $57.7055 $10,252.3454 $59.1481 $10,508.6540 $60.6269 $10,771.3704 $62.1425 $11,040.6546 $63.6961 $11,316.6710 $65.2885 $11,599.5878 $66.9207 $11,889.5775 $68.5937 $59.1481 $10,508.6540 $60.6269 $10,771.3704 $62.1425 $11,040.6546 $63.6961 $11,316.6710 $65.2885 $11,599.5878 $66.9207 $11,889.5775 $68.5937 $12,186.8169 $70.3086 $60.6269 $10,771.3704 $62.1425 $11,040.6546 $63.6961 $11,316.6710 $65.2885 $11,599.5878 $66.9207 $11,889.5775 $68.5937 $12,186.8169 $70.3086 $12,491.4873 $72.0663 $62.1425 $11,040.6546 $63.6961 $11,316.6710 $65.2885 $11,599.5878 $66.9207 $11,889.5775 $68.5937 $12,186.8169 $70.3086 $12,491.4873 $72.0663 $12,803.7745 $73.8679 $63.6961 $11,316.6710 $65.2885 $11,599.5878 $66.9207 $11,889.5775 $68.5937 $12,186.8169 $70.3086 $12,491.4873 $72.0663 $12,803.7745 $73.8679 $13,123.8689 $75.7146 $65.2885 $11,599.5878 $66.9207 $11,889.5775 $68.5937 $12,186.8169 $70.3086 $12,491.4873 $72.0663 $12,803.7745 $73.8679 $13,123.8689 $75.7146 $13,451.9656 $77.6075 $66.9207 $11,889.5775 $68.5937 $12,186.8169 $70.3086 $12,491.4873 $72.0663 $12,803.7745 $73.8679 $13,123.8689 $75.7146 $13,451.9656 $77.6075 $13,788.2647 $79.5477 $68.5937 $12,186.8169 $70.3086 $12,491.4873 $72.0663 $12,803.7745 $73.8679 $13,123.8689 $75.7146 $13,451.9656 $77.6075 $13,788.2647 $79.5477 $14,132.9713 $81.5364 $70.3086 $12,491.4873 $72.0663 $12,803.7745 $73.8679 $13,123.8689 $75.7146 $13,451.9656 $77.6075 $13,788.2647 $79.5477 $14,132.9713 $81.5364 $14,486.2956 $83.5748 $72.0663 $12,803.7745 $73.8679 $13,123.8689 $75.7146 $13,451.9656 $77.6075 $13,788.2647 $79.5477 $14,132.9713 $81.5364 $14,486.2956 $83.5748 $14,848.4500 $85.6700 $73.8679 $13,123.8689 $75.7146 $13,451.9656 $77.6075 $13,788.2647 $79.5477 $14,132.9713 $81.5364 $14,486.2956 $83.5748 $14,848.4500 $85.6700 $15,219.6600 $87.8200 Effective : 07/01/2025
Town of Apple Valley
Grade and Step Plan 2025-2026
Step
83 84
85 86
87 88
89 90
8 9 9 10 10 11 11 12 12 13 13 14 14 15 15
$75.7146 $13,451.9656 $77.6075 $13,788.2647 $79.5477 $14,132.9713 $81.5364 $14,486.2956 $83.5748 $14,848.4530 $85.6642 $15,219.6643 $87.8058 $15,600.1559 $90.0009 $77.6075 $13,788.2647 $79.5477 $14,132.9713 $81.5364 $14,486.2956 $83.5748 $14,848.4530 $85.6642 $15,219.6643 $87.8058 $15,600.1559 $90.0009 $15,990.1598 $92.2509 $79.5477 $14,132.9713 $81.5364 $14,486.2956 $83.5748 $14,848.4530 $85.6642 $15,219.6643 $87.8058 $15,600.1559 $90.0009 $15,990.1598 $92.2509 $16,389.9138 $94.5572 $81.5364 $14,486.2956 $83.5748 $14,848.4530 $85.6642 $15,219.6643 $87.8058 $15,600.1559 $90.0009 $15,990.1598 $92.2509 $16,389.9138 $94.5572 $16,799.6617 $96.9211 $83.5748 $14,848.4530 $85.6642 $15,219.6643 $87.8058 $15,600.1559 $90.0009 $15,990.1598 $92.2509 $16,389.9138 $94.5572 $16,799.6617 $96.9211 $17,219.6532 $99.3442 $85.6642 $15,219.6643 $87.8058 $15,600.1559 $90.0009 $15,990.1598 $92.2509 $16,389.9138 $94.5572 $16,799.6617 $96.9211 $17,219.6532 $99.3442 $17,650.1446 $101.8278 $87.8058 $15,600.1559 $90.0009 $15,990.1598 $92.2509 $16,389.9138 $94.5572 $16,799.6617 $96.9211 $17,219.6532 $99.3442 $17,650.1446 $101.8278 $18,091.3982 $104.3735 $90.0009 $15,990.1598 $92.2509 $16,389.9138 $94.5572 $16,799.6617 $96.9211 $17,219.6532 $99.3442 $17,650.1446 $101.8278 $18,091.3982 $104.3735 $18,543.6831 $106.9828 Effective : 07/01/2025
Town Council Agenda Report
Date: July 22, 2025
To: Honorable Mayor and Town Council
Subject: ADOPT RESOLUTION NO. 2025-21 AMENDING THE PERSONNEL
POLICY AND PROCEDURES MANUAL FOR THE TOWN OF APPLE
VALLEY
From: Douglas Robertson, Town Manager
Submitted by: Kristine Shoup, Human Resources Manager
Human Resources Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Adopt Resolution No. 2025-21, A Resolution of the Town Council of the Town of Apple Valley amending the Personnel Policy and Procedures Manual for the Town of Apple Valley.
BACKGROUND
The Human Resources Department is recommending an amendment to Section 5.1 of the Town’s Personnel Policies and Procedures to include the option of a 4/10 work schedule (four (4) 10-hour days), in addition to the currently available 9/80 and 5/8 schedules. This option is being introduced to provide increased flexibility for departments with weekend coverage responsibilities or other operational needs that may benefit from an alternative work schedule.
The 4/10 schedule will allow eligible employees to work four ten-hour days per week while maintaining the standard 80-hour pay period over two weeks. Participation in the 4/10 schedule is subject to approval by the Town Manager and must align with the operational needs of the department, not convenience.
FISCAL IMPACT
There is no fiscal impact for the recommended policy amendment.
ATTACHMENTS
A. Resolution 2025-21
B. Exhibit A “Section 5.1 All Employees”
RESOLUTION NO. 2025-21
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY AMENDING THE PERSONNEL
POLICY AND PROCEDURES FOR THE TOWN OF APPLE
VALLEY
WHEREAS, the Town Council of the Town of Apple Valley has established Personnel Policy and Procedures for the Town of Apple Valley; and WHEREAS, the Town Council of the Town of Apple Valley wishes to modify the Personnel Policy and Procedures for the Town of Apple Valley.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AS FOLLOWS:
Section 1. The Town Council finds that all of the facts set forth in the Recitals of this Resolution, are true and correct, and are incorporated herein by reference.
Section 2. The Town Council hereby adopts the new policy section 5.1 as shown in Exhibit A to this Resolution
Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect.
Section 4. Effective Date. This Resolution is effective immediately. All resolutions, parts of resolutions in conflict herewith are hereby amended to be consistent herewith.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 22nd day of July 2025.
__________________________
Scott Nassif, Mayor
ATTEST:
___________________________
La Vonda M-Pearson, Town Clerk
EXHIBIT A
RULE 5 EMPLOYMENT HOURS
Section 5.1 All Employees
The official workweek for employees on a 9/80 schedule shall begin at mid-day Friday and shall end at mid-day the following Friday. The official workweek for employees on a traditional schedule (five 8-hour days), as well as part-time employees, shall begin at 12:01 a.m. on Saturday and shall end at 11:59 pm the following Friday.
A 4/10 schedule may be made available to employees in departments that are designated to provide weekend coverage or whose operational needs justify alternative scheduling. Approval and participation in the 4/10 schedule is subject to Town Manager approval based on operational needs, not convenience.
Employees of the Town shall not exceed eight (8) hours (for a traditional workweek), nine (9) hours (for a 9/80 schedule), or ten (10) hours (for a 4/10 schedule) worked in one workday without prior authorization from their immediate supervisor. A regular pay period shall consist of eighty (80) hours worked over two (2) weeks, regardless of which work schedule an employee is on.
A normal workday may consist of:
Eight (8) hours per day for a traditional 5/8 workweek, Nine (9) hours per day under a 9/80 compressed work schedule, or Ten (10) hours per day under a 4/10 compressed work schedule.
Rules for administration of the 9/80 and 4/10 compressed work schedules shall be established by the Town Manager or his/her designee.
Town Council Agenda Report
Date: July 22, 2025
To: Honorable Mayor and Town Council
Subject: LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT #1 – PUBLIC
HEARING CONFIRMING ASSESSMENT AND LEVYING
ASSESSMENT FOR FISCAL YEAR 2025-2026
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION:
That the Town Council:
A. Conduct the public hearing
B. Adopt Resolution No. 2025-22, A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2025-2026
BACKGROUND:
On June 10, 205, the Town Council approved Resolution No. 2025-11, directing the filing of the Annual Report for the Apple Valley Landscaping and Lighting District, approved the Engineer’s Report and approved Resolution No. 2025-12, to declare the Town’s intention to order improvements and to levy and collect assessments for Fiscal Year 2025-2026.
The resolution also gave notice of the time and place for the public hearing to discuss the proposed assessment.
ANALYSIS
The annual assessments for each annexed territory of the Assessment District are indicated in Part B of the Engineer’s Report. For next fiscal year, there are three recommended increases in annual assessments for L-10, L-11, L-12 and L-13. The Public Works Department recently put the Landscape Maintenance contract out to bid and the new contractor’s cost for L-10, L-11, and L-12 has increased. Additionally, there were substantial repair costs, and water costs at L-10, L-11, and L-13. It is recommended that the levy for L-10, which was $380.00 per lot last year, be increase to $399.00 per lot
per year, for L-11 from $304.00 per lot per year to $319.00 per lot per year, for L-12 from $165 per lot per year to $173.00 per lot per year, and for L-13 from $240 per lot per year to $252.00 per lot per year.
The recommended procedures to increase or decrease the annual levy comply with all requirements of Proposition 218.
As indicated within the attached engineer’s report, the proposed net amounts to be assessed for each location within the assessment district are as follows:
Current year’s Proposed
Location Tract No. No. of lots assessment (FY 25/26)
• L-1 Tract 13618 137 $40.88 $40.88
• L-2 Tract 13426 26 $94.75 $94.75
• L-3 Tract 14090 182 $141.54 $141.54
• L-4 Tract 13709 18 $139.00 $139.00
• L-5 Tract 15288 65 $89.23 $89.23
• L-7 Tract 8476 236 $20.00 $20.00
• L-8 Tract 14846 143 $198.06 $198.06
• L-9 Tract 9696 58 $78.00 $78.00
• L-10 Tract 16492 258 $380.00 $399.00
• L-11 Tract 16395 58 $304.00 $319.00
• L-12 Tract 16059 173 $165.00 $173.00
• L-13 Tract 14994 18 $240.00 $252.00
• L-15 Tract 16779 84 $110.00 $110.00
• L-17 Tract 15286 61 $50.00 $50.00
• L-19 Tract 16134 35 $56.00 $56.00
• L-20 Tract 17093 134 (55 developed) $150.00 $150.00
• L-23 PM 17684 31 $Varies $Varies
• L-26 Tract 17278 15 $369.62 $400.00
• L-28 PM 15151 1 $746.67 $746.67
FISCAL IMPACT:
The attached report summarizes the revenues and expenditures of the Assessment District, the estimate of cost and the proposed cost per lot per tract. The costs are borne by the property owners within each identified tract. There is no direct budgetary impact to the Town.
ATTACHMENTS
A. Engineer’s Report
B. Resolution No. 2025-22 Confiriming Diagram and Assessment for Fiscal Year 2025-26
ENGINEER'S REPORT
TOWN OF APPLE VALLEY
ASSESSMENT DISTRICT NO. 1
The undersigned respectfully submits the enclosed report as directed by Town Council.
Richard Pedersen, P.E.
Engineer of Work
By____________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the _____ day of __________________, 2025.
LaVonda Pearson,
Town Clerk, Town of Apple Valley,
San Bernardino County,
State of California
By____________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved, and confirmed by the Town Council of the Town of Apple Valley, California, on the _____ day of __________________, 2025.
LaVonda Pearson,
Town Clerk, Town of Apple Valley,
San Bernardino County,
State of California
By____________________________
PART A
PLANS AND SPECIFICATIONS
L-1
TRACT NUMBER: 13618
LOCATION: East side Central Road at Cuyama Road
DESCRIPTION: Plans and specifications for the improvements are those prepared by EDAW Inc., Landscape Architects, by William Schultz, dated July 2, 1991. These plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated in this report by reference. In summary, the improvements consist of landscaping generally of pine trees, small junipers, other decorative bushes, decorative rock, and a perimeter wall.
Perimeter parkway landscaping is bounded by the face of curb and the face of the perimeter wall (20.00) Feet along the along the easterly side of Central Road in Tract 13618. In addition, a small portion (12.00) paralleling Cuyama Road at the intersection of Central Road. The area is basically within the parkway area along Central Road 20’ in width and along a small portion of Cuyama Road 12’ in width.
L-2
TRACT NUMBER: 13426
LOCATION: West side Central Road
DESCRIPTION: Perimeter parkway landscaping bounded by the face of curb and the face of the perimeter wall (11.00) Feet along the along the westerly side of Central Road in Tract 13426 from Cholena Road to Thunderbird Road.
Area of improved landscaping consists of small trees planted at 40- feet on center with some small decorative bushes intermittency planted between the trees. The planted area is covered with 3-inches in depth with 3/4- inch granite gravel over an area of approximately 11-feet in width and 1,208 feet in length for an area coverage of 13,290 square feet.
L-3
TRACT NUMBER: 14090
LOCATION: North side of Sitting Bull Road from west of Lompoc Road to east of Tawya Road; Ottawa Road from west of Paraiso Road to west of Choco Road.
DESCRIPTION: General Plans and specifications for the improvements are those prepared by NDNA-Don Napolitano and Associates-Landscape Architects, dated September 11, 1991. Specific Plans and specifications for the proposed phasing of improvements are those prepared by Burch Meress Associates, dated September 20, 1993.
Both plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated by reference.
In summary, the improvements consist of approximately 40 acres of open space landscaping. The open space landscaping is to be maintained on an as needed basis under “extra work”.
A concrete V-channel connecting Paraiso Road to the drainage channel,
An equestrian trail located on the east side of the drainage channel from Ottawa Road south to the end of Mugu Ct,
Parkway landscaping bounded by the face of curb and the face of the perimeter wall along the along the northerly side of Sitting Bull Road within the tract boundaries from 200’ east of Lompoc Road to 200’ west of Choco Road, parkway landscaping along the south side and the north side of Ottawa Road from 200’ feet west of Paraiso Road to 200’ east of Choco Road, parkway landscaping is also located along the south side and the north side of Paraiso Road west of Capella Road adjacent to the drainage channel within the tract boundaries.
L-4
TRACT NUMBER: 13709
LOCATION: Along the north side of Geronimo Road at Bannock Ct. and Sarsi Ct. within the tract boundaries
DESCRIPTION: Plans and specifications for the improvements are those prepared by Shelly Harper, dated October 5, 1993. The landscaping consists generally of pine trees, small junipers and other decorative bushes.
The area is basically left earthen for drainage retention and percolation over three areas totaling 30’ in width by approximately 602’ in length for an area of 16,020 square feet along the north frontage of Geronimo Road.
L-5
TRACT NUMBER: 15288
LOCATION: South side of Sitting Bull Road east of Rincon Road within the tract called Quail Run Estates.
DESCRIPTION: Plans and specifications for the improvements are those prepared by Jennings Landscaping. The parkway landscaping consists generally of pine trees, small junipers and other decorative bushes. The area is covered in cobble stone and brown decorative rock over three areas varying in width by approximately 1000’ in length for an aerial coverage of 15,300 square feet along the south frontage of Sitting Bull Road. In addition to the parkway landscaping along Sitting Bull Road, a small median is located at the entrance to the tract at Quail Summit Road and a long retention basin on the westerly boundary of the tract are also included in the maintenance program.
L-7
TRACT NUMBER: 8476
LOCATION: South of Yucca Loma Road and east of Cochise Road DESCRIPTION: Improvements consist of maintaining 43 existing streetlights located with a portion of Tract 8476, generally located south of Yucca Loma Road and east of Cochise Road.
L-8
TRACT NUMBER: 14846
LOCATION: South side Sitting Bull Road at Skyline Ranch Drive DESCRIPTION: In summary, the district consists of maintaining perimeter landscaping and wall within the parkway along Sitting Bull Road, Deep Creek Road, Geronimo Road and 1.7 acres of open space landscaping and fencing within Lot A. General Plans and specifications for the proposed improvements are those by Fennel Associates, dated July 14, 2000. Both plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated by reference.
L-9
TRACT NUMBER: 9096-1
LOCATION: South side Yucca Loma Road at Delaware Road
DESCRIPTION: In summary, the district consists of maintaining an existing landscaped area basically within the parkway along Yucca Loma Road. The parkway is approximately 30’ in width from the street curb to the perimeter wall adjacent to Tract 9096-1, from approximately 400’ west of Delaware Road to 700’ east of Delaware Road.
The area is basically left earthen but includes landscaping, generally of evergreen trees and juniper bushes on Yucca Loma at the entrance of the neighborhood at Delaware Road, and trees planted at 50-feet on center along Yucca Loma Road. The landscaped area currently has a drip irrigation system installed.
L-10
TRACT NUMBER: 16492
LOCATION: South side Yucca Loma Road at Tamani Road
DESCRIPTION: The landscaped area to be maintained by the District is the landscaped parkway on the south side of, and adjacent to, Yucca Loma Road, being also the rear yards of Tract No. 16492-1 and 2
lots 2-12, Lot A, the 60’ drainage easement, the landscape strip along Tamiani Road, the landscaped parkway along Ottawa Rd. and adjacent to Ottawa Rd., being also the rear yards of lots 65-74.
With the construction of Tract No. 16492-1 and 2, the parkway 60’ drainage easement and Lot A is hydro seeded with a desert wildflower mix and maintained twice a year to control overgrowth.
The landscape strip along Tamiani Road includes a strip with gravel mulch and no other planting, and between the sidewalk and rail fence is planted with Plane trees and Desert Willows alternating in groups with shrubs in between and gravel mulch throughout. The planters along Ottawa Rd. has gravel mulch with Chitalpa trees at 40 feet on center and shrubs on bubblers in between. There is dense planting at the main entry and at Yucca Loma Road. The landscape strip along Yucca Loma Road between the bike path and parkway includes Pine Trees and Desert Willows alternating in groups spaced at 10 feet to 30 feet with shrubs in between. The Parkway is landscaped with low growing shrubs. All planters is covered with ¼” gravel.
L-11
TRACT NUMBER: 16395-1, 2
LOCATION: South side Catalina Road, west of Apple Valley Road The landscaped areas to be maintained, in summary, is the landscaped parkway and adjacent to, Apple Valley Road, south of Catalina Road to the southern boundary of the tract; and the storm water detention basin, lot A. Maintained areas also include the slopes adjacent to lots 33 though 37 and lots 40 and 41 within said tract.
L-12
TRACT NUMBER: 16059
LOCATION: North of Sitting Bull Road, east of Apple Valley Road The landscaped area to be maintained by the District is the landscaped parkway and slope area on the north side of, and adjacent to, Sitting Bull Road; and on the east side, and adjacent to, Apple Valley Road. The parkway and slope area adjacent to Sitting
Bull Road and Apple Valley Road and includes the maintenance of an irrigation systems installed as shown on the approved landscape plans.
L-13
TRACT NUMBER: 14994
LOCATION: South of Geronimo Road, at Bannock Road
The landscaped area to be maintained by the District is the landscaped parkway and slope area on the south side of, and adjacent to, Geronimo Road; in Tract 14994 as shown on the approved landscape plans. The total landscaped area to be maintained on the south side of Geronimo Road is approximately 516 linear feet in length by an average width of 33 feet for a total of about 17,128 square feet of landscaping.
L-15
TRACT NUMBER: 18343
LOCATION: North of Esaws Road, west of Central Road
The landscaped area to be maintained by the District is the landscaped parkway and slope area on the west side of, and adjacent to, Central Road (25,200 sq.ft.); the Lot “A”, the detention basin (90,000 sq.ft.), storm drain system and landscaping along the side yards of Holsteiner Lane (13,700 sq.ft.) in Tract 18343 and as shown on the approved landscape plans.
L-17
TRACT NUMBER: 15286
LOCATION: North of Wintun Road, west of Chippewa Road
The landscaped area to be maintained by the district is the detention basin located in Tract No. 15286 as shown on the assessment diagram. With the construction of Tract No.15286 the Detention Basin will be landscaped and have irrigation systems installed as shown on the landscape plans (Exhibit A). After the acceptance of
the landscaped area by the Town of Apple Valley, the funds generated by this annexation will allow the District to provide for the maintenance of the landscaped area.
L-19
TRACT NUMBER: 16134
LOCATION: North of Mana Road, west of Awia Road
The maintenance areas include a sixty (60) foot wide drainage easement to the Town of Apple Valley that is 1,760 lineal feet along the north boundary line of Tract 16134. The south twenty (20) feet contains a graded access road and just north is an eighteen (18) foot 3:1 slope containing 100-pound rip-rap protection. The remainder of the channel is an earthen bottom flowline. Behind the access road is a private six (6) foot backyard masonry wall that runs along lots 26, 27, and 29-35 of this tract. At the easterly end of the channel a 72’ reinforced concrete drainpipe has been installed under Mana Road and a driveway access to the channel access road has been installed on lot 35.
L-20
TRACT NUMBER: 17093
LOCATION: South of Bear Valley Road, east of Itoya Vista Road The maintenance areas include:
1. Landscaped slope of a variable width strip along and adjacent to the southerly right of way of Bear Valley Road between Itoya Vista Street and the easterly tract boundary of Tract 17093 with approximately 12,488 square feet. Approximately 1,270 lineal feet of eight foot (8) wide parkway bicycle trail. Two (2) foot and Six (6) foot wide strips of landscaped parkway areas both approximately 1,270 lineal feet long.
2. Landscaped slope of a variable width strip along and adjacent to the northerly right of way of Sandia Road between Itoya Vista Street and the easterly tract (Merino Avenue) with approximately 16,086 square feet. Approximately 1,170 lineal feet of nine foot (9)
wide decomposed granite parkway equestrian trail. A three (3) foot wide strip of landscaped parkway area approximately 1,170 lineal feet long.
3. Landscaped slope of a variable width strip along and adjacent to the easterly right of way of Itoya Vista Street between Bear Valley Road and Sandia Road with approximately 20,975 square feet.
Approximately 2,277 lineal feet of nine foot (9) wide decomposed granite parkway equestrian trail. A three (3) foot wide strip of landscaped parkway area approximately 2,277 lineal feet long.
L-23
PARCEL NUMBER: PM 17684
LOCATION: North SR 18, west of Dale Evans Parkway
Assessment District L-23 is established to provide landscaping and landscape maintenance within parkways and medians which primarily provide specific aesthetic benefit to the retail shopping centers that are generally located north of Highway 18, south of Thunderbird Road which front Highway 18, Dale Evans Parkway and Bass Hill Road.
L-26
TRACT NUMBER: TR 17278
LOCATION: West of Wabisi Road, South of Mana Road
Assessment District L-26 is established to provide landscaping and landscape maintenance adjacent to Tract 17278, which consists of 15, 1/2 acre lots located on the southwest corner of Mana Road and Wabisi Road. A six-foot masonry wall has been constructed on the property line of the perimeter roads and there is a 12-foot parkway with a four-foot sidewalk. Mana Road landscape surface is 410 lf x
7.5 feet and Wabisi Road is 942 lf x 8 feet for a total landscape surface of approximately 10,611 square feet.
L-28
PARCEL NUMBER: PM 15151, Parcel 3
LOCATION: North SR 18, west of Dale Evans Parkway
Assessment District L-28 is established to provide maintenance to a drywell installed in a retention basin on Assessor Parcel Number 3112-251-56, owned by Apple Valley Commons I, LLC. Drainage easements in favor of the Town of Apple Valley will allow the runoff from the America’s Tire Parcel to drain into the existing retention basin. The retention basin and the corresponding drainage easements are described in parcel map 16984 on record in the County of San Bernardino.
The drywell and existing retention basin provide offsite drainage benefits for the development of the America’s Tire on the southwest corner of Thunderbird Road and Outer Highway 18 North, Parcel 3 of Parcel Map No. 15151.
PART B
Actual Cost 2024-2025, Estimate of Cost for FY 2025-2026 • L-1 • L-2 • L-3 • L-4 • L-5 • L-7
ITEM DESCRIPTION
Tract
13618
Tract
13426 Tract 14090 Tract 13709 Tract 15288 Tract 8476
1. Maintenance $7,666 $2,346 $70,145 $6,505 $8,544 $0
2. Water consumption $3,939 $821 $10,881 $1,761 $1,529 $0
3. Electrical Service $156 $0 $451 $0 $891 $7,766
Total cost for FY 2024/2025 $11,760 $3,167 $81,478 $8,266 $10,963 $7,766 Assessed budget for FY2024/2025 $5,601 $2,464 $25,760 $2,502 $5,800 $4,720 Surplus or Deficit ($6,159) ($704) ($55,717) ($5,764) ($5,163) ($3,046) Last Year's Reserve Fund ($44,286) ($2,523) $40,078 ($11,676) $3,630 ($23,437) Current Reserve Fund ($50,446) ($3,227) ($15,639) ($17,440) ($1,533) ($26,483) Estimate for FY 2025-2026 $5,601 $2,464 $25,760 $2,502 $5,800 $4,720 Number of lots: 137 26 182 18 65 236
Proposed Cost per lot per year
(FY2025/2026) $41 $95 $142 $139 $89 $20
Last year's assessment per lot per
year $41 $95 $142 $139 $89 $20
• L-8 • L-9 • L-10 • L-11 • L-12 • L-13
ITEM DESCRIPTION
Tract
14846 Tract 9696 Tract 16492 Tract 16395 Tract 16059 Tract 14994
1. Maintenance $32,066 $6,356 $94,686 $19,352 $14,342 $3,686
2. Water consumption $12,498 $3,563 $10,850 $392 $6,808 $4,001
3. Electrical Service $433 $0 $37 $11 $13 $0
Total cost for FY 2024/2025 $44,997 $9,919 $105,573 $19,755 $21,162 $7,688 Assessed budget for FY2024/2025 $28,323 $4,524 $98,040 $17,632 $7,590 $4,320 Surplus or Deficit ($16,674) ($5,395) ($7,533) ($2,123) ($13,572) ($3,368) Last Year's Reserve Fund $92,266 ($1,576) ($46,527) $62,827 $93,935 $4,473 Current Reserve Fund $75,592 ($6,971) ($54,060) $60,704 $80,363 $1,105 Estimate for FY 2025-2026 $28,323 $4,524 $102,942 $18,502 $7,958 $4,536 Number of lots: 143 58 258 58 46 18
Proposed Cost per lot per year
(FY2025/2026) $198 $78 $399 $319 $173 $252
Last year's assessment per lot per
year $198 $78 $380 $304 $165 $240
PART B (Continued)
Actual Cost 2024-2025, Estimate of Cost for FY 2025-2026 • L-15 • L-17 • L-19 • L-20 • L-23 • L-26
ITEM DESCRIPTION
Tract
18343 Tract 15286 Tract 16134 Tract 17093 PM 17684 TM 17278
1. Maintenance $12,885 $397 $260 $13,615 $30,311 $3,356
2. Water consumption $3,795 $0 $0 $7,951 $27,920 $0
3. Electrical Service $134 $0 $0 $0 $15 $0
Total cost for FY 2024/2025 $16,814 $397 $260 $21,566 $58,245 $3,356 Assessed budget for FY2024/2025 $9,240 $3,050 $1,960 $8,250 $29,565 $6,000 Surplus or Deficit ($7,574) $2,653 $1,700 ($13,316) ($28,680) $2,644 Last Year's Reserve Fund $97,296 $145,247 $95,234 $154,903 $389,955 $22,102 Current Reserve Fund $89,722 $147,900 $96,934 $141,587 $361,275 $24,746 Estimate for FY 2025-2026 $9,240 $3,050 $1,960 $8,250 $29,565 $6,000 Number of lots: 84 61 35 55 31 15
Proposed Cost per lot per year
(FY2025/2026) $110 $50 $56 $150 varies $400
Last year's assessment per lot per
year $110 $50 $56 $150 varies $400
• L-28
ITEM DESCRIPTION PM 15151
1. Maintenance $795
2. Water consumption $0
3. Electrical Service $0
Total cost for FY 2024/2025 $795
Assessed budget for FY2024/2025 $747
Surplus or Deficit ($48)
Last Year's Reserve Fund $3,351
Current Reserve Fund $3,303
Estimate for FY 2025-2026 $747
Number of lots: 1
Proposed Cost per lot per year
(FY2025/2026) $747
Last year's assessment per lot per
year $747
PART C
ASSESSMENT DIAGRAM
See Attachments Entitled Assessment Diagrams For:
Annexation No. Tract No.
L-1 Tract 13618
L-2 Tract 13426
L-3 Tract 14090
L-4 Tract 13709
L-5 Tract 15288
L-7 Tract 8476
L-8 Tract 14846
L-9 Tract 9696
L-10 Tract 16492
L-11 Tract 16395
L-12 Tract 16059
L-13 Tract 14994
L-15 Tract 18343
L-17 Tract 15286
L-19 Tract 16134
L-20 Tract 17093
L-23 PM 17684, L.L.A. 2007-002
L-26 Tract 17278
L-28 PM 15151, Parcel 3
PART D
ASSESSMENT ROLL
Reference
Number Tract No. Assessor’s Parcel Numbers Assessment per lot per year L-1 Tract 13618 437-471-(parcels 6-51) $40.88
437-471-(parcels 11-46) $40.88
437-651-(parcels 1-55) $40.88
L-2 Tract 13426 426-661-(parcels 7-32) $94.75
L-3 Tract 14090 3087-031-(parcels 1-77) $141.54
3087-071-(parcels 1-18) $141.54
3087-072-(parcels 1-6,9-20) $141.54
3087-771-(parcels 1-24) $141.54
3087-701-(parcels 1-20) $141.54
3087-721-(parcels 1-27) $141.54
L-4 Tract 13709 444-821-(parcels 1-18) $139.00
L-5 Tract 15288 3087-181-(parcels 5-69) $89.23
L-7 Tract 8476 3088-421-(parcels 1-34) $20.00
3088-431-(parcels 7-28) $20.00
3088-441-(parcels1-36) $20.00
3088-451-(parcels 4-27) $20.00
3088-461-(parcels 1-40) $20.00
3088-471-(parcels 4-26) $20.00
3088-481-(parcels 1-26,28-34) $20.00
3088-491-(parcels 7-13) $20.00
3088-501-(parcels 1-23) $20.00
L-8 14846 3807-181- (Parcels 2-34) $198.06
3807-191- (Parcels 8-48, 50-59) $198.06
3807-192- (Parcels 1-40) $198.06
3807-193- (Parcels 1-19) $198.06
L-9 9696 444-681-(Parcels 3-15) $78.00
444-691-(Parcels 1-13) $78.00
444-701-(Parcels 1-31) $78.00
L-10 16492 3087-271-(Parcels 5-73) $399.00
3087-272-(Parcels 1-60) $399.00
3087-292-(Parcels 1-63) $399.00
3087-771-(Parcels 1-34) $399.00
3087-781-(Parcels 1-32) $399.00
Reference
Number Tract No. Assessor’s Parcel Numbers Assessment per lot per year L-11 16395 3087-731-(Parcels 1-14) $319.00
3087-741-(Parcels 1-9, 11-32, 34) $319.00
3087-021-(Parcels 9) $319.00
L-12 16059 444-782-(Parcels 1-34) $173.00
444-931-(Parcels 1-24) $173.00
L-13 14994 3087-761-(Parcels 1-18) $252.00
L-15 18343 3112-706-(Parcels 15-26)
3112-702-(Parcels 2-73) $110.00
L-17 15286 473-641-(Parcels 2-20) $50.00
473-651-(Parcels 1-42) $50.00
L-19 16134 433-661-(Parcels 1-35) $56.00
L-20 17093 434-051-90,91 $150.00
434-941-(Parcels 1-30) $150.00
434-951-(Parcels 1-23) $150.00
L-23 PM 17684,
LLA07-02 31 Assessor Numbers (see Exhibit “D”) Per Exhibit “D” L-26 17278 473-661-(Parcels 1-15) $400.00
L-28 PM 15151 441-301-03 $746.67
Exhibit D
Assessment Roll
Annexation L-23 to L.M.D. No. 1
Town of Apple Valley Parcel Map 17684, and L.L.A. 2007-002 Assessment Roll
Area In Maximum Annual
Square Assessment Levy
Parcel A.P.N. Site Address Property Owner Feet Amount Amount L.L.A. 2007-
002
Parcel "A" of
L.L.A.
APPLE VALLEY
2007-002 3112-251-60 Vacant Land COMMONS I LLC 219,143 $6,375.52 $1,751.42 Parcel "B" of
L.L.A.
APPLE VALLEY
2007-002 3112-251-61 Vacant Land COMMONS II LLC 306,647 $8,921.27 $2,450.76 Parcel "C" of
L.L.A.
2007-002 3112-251-62 15000 Dale Evans
Pkwy LOWES HIW INC 546,570 $15,901.35 $4,368.25
Parcel "D" of
L.L.A. 2007-
002 3112-251-63 Vacant Land
APPLE VALLEY
COMMONS II LLC
690,358 $20,084.57 $5,517.42
Parcel Map 17684,
P.M.B. 216/33-43
APPLE VALLEY
Parcel 1 3112-251-28 14900 Bass Hill Rd. COMMONS I LLC 68,221 $1,978.41 $540.31
APPLE VALLEY
Parcel 5 3112-251-32 20254 Highway 18 COMMONS I LLC 35,229 $1,021.64 $279.01
APPLE VALLEY
Parcel 6 3112-251-33 20280 Highway 18 COMMONS I LLC 52,115 $1,511.34 $412.75
APPLE VALLEY
Parcel 7 3112-251-34 20290 Highway 18 COMMONS I LLC 28,629 $830.24 $226.74
APPLE VALLEY
Parcel 8 3112-251-35 20302 Highway 18 COMMONS I LLC 29,706 $861.47 $235.27
APPLE VALLEY
Parcel 9 3112-251-36 20306 Highway 18 COMMONS I LLC 27,670 $802.43 $219.15
APPLE VALLEY
Parcel 10 3112-251-37 20296 Highway 18 COMMONS I LLC 50,745 $1,471.61 $401.90
APPLE VALLEY
Parcel 11 3112-251-38 20284 Highway 18 COMMONS I LLC 31,889 $924.78 $252.56
APPLE VALLEY
Parcel 12 3112-251-39 20258 Highway 18 COMMONS I LLC 50,042 $1,451.22 $396.33
APPLE VALLEY
Parcel 13 3112-251-40 20262 Highway 18 COMMONS I LLC 35,902 $1,041.16 $284.34
APPLE VALLEY
Parcel 14 3112-251-41 20266 Highway 18 COMMONS I LLC 25,232 $731.73 $199.84
APPLE VALLEY
Parcel 15 3112-251-42 20310 Highway 18 COMMONS I LLC 50,610 $1,467.69 $400.83
APPLE VALLEY
Parcel 16 3112-251-43 20418 Highway 18 COMMONS I LLC 34,511 $1,000.82 $273.33
APPLE VALLEY
Parcel 17 3112-251-44 20432 Highway 18 COMMONS I LLC 25,392 $736.37 $201.10
APPLE VALLEY
Parcel 18 3112-251-45 20442 Highway 18 COMMONS I LLC 61,748 $1,790.69 $489.04 Parcel 19
3112-251-46 14898 Dale Evans
Pkwy
APPLE VALLEY
COMMONS I LLC 77,130 $2,236.77 $610.87
Parcel 20 3112-251-47
14940 Dale Evans
Pkwy
APPLE VALLEY
COMMONS I LLC 50,423 $1,462.27 $399.35
Parcel 21 3112-251-48
14992 Dale Evans
Pkwy
APPLE VALLEY
COMMONS I LLC 49,105 $1,424.05 $388.91
Parcel 22 3112-251-49 20450 Highway 18
APPLE VALLEY
COMMONS I LLC 105,627 $3,063.18 $836.57
Parcel 23 3112-251-50 20426 Highway 18
APPLE VALLEY
COMMONS I LLC 79,493 $2,305.30 $629.58
Parcel 24 3112-251-51 20352 Highway 18
APPLE VALLEY
COMMONS I LLC 102,873 $2,983.32 $814.75
Parcel 25 3112-251-52 20346 Highway 18
APPLE VALLEY
COMMONS I LLC 114,218 $3,312.32 $904.61
Parcel 26 3112-251-53 20288 Highway 18 TARGET CORP 572,122 $16,591.54 $4,531.21 Parcel 27 3112-251-54 20276 Highway 18
APPLE VALLEY
COMMONS I LLC 57,046 $1,654.33 $451.80
Parcel 28 3112-251-55 20270 Highway 18
APPLE VALLEY
COMMONS I LLC 26,942 $781.32 $213.38
Misc. Parcels along Highway 18
Walgreens -
Parcel 1 of
P.M. 16195,
P.M.B. 200/21-
22 3112-171-20 20250 Highway 18
KETCHUM APPLE
VALLEY LLC 61,724 $1,795.73 $493.31
Starbucks 3112-251-05 14880 Dale Evans
Parkway
Starbucks 48,892 $1,422.41 $390.75
TOTAL ASSESSMENT $107,936.83 $29,565.45
L-1, Tract 13618
L-2, Tract 13426
L-3, Tract 14090
L-4, Tract 13709
L-5, Tract 15288
L-7, Tract 8476
L-8, Tract 14846
L-9, Tract 9696
L-10, Tract 16492-1,2
L-10, Tract 16492-3,4
L-11, Tract 16395
L-12, Tract 16059
L-13, Tract 14994
L-15, Tract 18343
L-17, Tract 15286
L-19, Tract 16134
L-20, Tract 17093
L-23, PM 17684 and L.L.A. 2007-002
L-26, TM 17278
L-28, PM 15151, Parcel 3
RESOLUTION NO. 2025-22
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY CONFIRMING DIAGRAM AND
ASSESSMENT AND LEVYING ASSESSMENT FOR
FISCAL YEAR 2025-2026
ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
The Town Council of the Town of Apple Valley hereby resolves as follows:
Section 1: Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the Town Council directed the Town Engineer, Engineer of Work for Assessment District No. 1, to prepare and file an annual report for fiscal year 2025-2026.
Section 2: The Engineer of Work filed his annual report with the Town Clerk, and the Town Council adopted its resolution of intention to levy and collect assessments within the assessment district for fiscal year 2025-2026 and set a public hearing to be held on July 22, 2025, at the Council Chamber of the Town Council located at 14955 Dale Evans Parkway, Town of Apple Valley, California. Notice of the hearing was given in the time and manner required by law.
Section 3: At the public hearing, the Town Council afforded to every interested person an opportunity to make a protest to the annual report either in writing or orally, and the Town Council has considered each protest.
Section 4: The Town Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth therein for fiscal year 2025-2026.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 22nd day of July 2025.
__________________________
Scott Nassif, Mayor
ATTEST:
_____________________________
La Vonda M-Pearson, Town Clerk
Town Council Agenda Report
Date: July 22, 2025
To: Honorable Mayor and Town Council
Subject: APPLE VALLEY ANIMAL SHELTER
From: Douglas Robertson, Town Manager
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council carefully consider all of the public testimony heard at this meeting and all information and input received previously. Following discussion, staff recommends Town Council choose one of the following options:
Option 1 – Approve the purchase and sale agreement, selling the Shelter to the County, and enter into a shelter service agreement with the County; Option 2 – Reject the purchase and sale agreement, and direct staff to take action to end the current agreement with the County; or
Option 3 – Provide different or additional direction to staff.
BACKGROUND
During COVID, there were record numbers of animal adoptions as people stayed home, had time to care for animals, and sought companionship. In a post-COVID world, Apple Valley Animal Services (AVAS) experienced a much higher than normal increase in animals entering the shelter through all means, including owner turn in, animal welfare cases, and strays. There was a belief that this number would level off as pet populations normalized, with people returning to work after COVID. Over time, staff began to realize the numbers were not leveling off; in fact, the numbers were increasing. AVAS trends have followed state, national, and even worldwide trends as shelters everywhere have struggled with an influx in the number of animals.
The Town had a ten (10) year contract with the County of San Bernardino (County) for shelter services for animals in the High Desert (excluding incorporated cities). As this contract was nearing its end, Town staff and the County began discussing the need for shelter expansion. The County indicated their metrics showed an even further increase in the number of animals they would be bringing to the shelter.
Town and County staff explored several options, focusing mostly on possible partnership opportunities to expand the shelter, adding kennels, quarantine/isolation space, and medical space. Staff considered options for the County to fund additional shelter staffing, including a mixed model where the County and AVAS staff share spaces or manage different sections of an expanded facility. Ultimately, all options that were explored ended with the same complication.
County Code prohibits contracts longer than ten (10) years. As a result of this, any significant investment by the County would be stranded after 10 years. Any meaningful shelter expansion would take millions of dollars. Ultimately, there is no way for the County to get a return on their investment within the 10-year limitation, so discussions shifted to preparing a proposal for the County to purchase the shelter from the Town. Although not obligated to do so, ownership of the shelter would allow the County to invest in expansion without the concern for a stranded investment.
ANALYSIS
The number of animals entering the shelter rose from a total of 4,896 in 2020 to 7,736 in 2023, an approximate 60% increase over three years, and then decreased to 7,062 in 2024. The largest increases were in the number of dogs with Apple Valley dog intakes increasing by 50% and County dog intakes increasing by over 100%. The slight reduction in intakes from 2023-2024 was actually due to the County taking animals to other facilities (rather than AVAS) due to policy adjustments designed to keep population and cost from going over the annual allotment and incurring additional cost.
During this time, no additional kennels have been added to the facility, other than 11 specialized kennels which are used for intake, quarantine/isolation, and medical needs rather than adding to the total number of available kennels for regular daily use.
Once it was determined there was no opportunity for a shared facility and no way for County to invest in the facility without potentially stranding that investment after ten years, County inquired about the Town’s potential interest in selling the facility. Under such a scenario, County would purchase the facility and have the opportunity to build out the unfinished portion of the building, adding additional kennel space and/or medical facilities as they see fit. The purchase would also include the lot immediately south of the current building which would allow for expansion of the shelter to handle the additional influx of animals from both the County and Apple Valley.
Neither the Town Council nor the County Board of Supervisors has made a determination regarding the potential purchase and sale. Each has given direction to prepare a detailed purchase and sale agreement for consideration as well as a services agreement that outlines the future contract for services to be provided to the Town by the County, should both agencies opt to move forward with the purchase and sale. The attached documents give each board the details necessary to evaluate the proposal and make the best decision for their respective constituents.
In December 2024, the Town issued a notice of non-renewal of a temporary contract put in place during these discussions. The notice made it clear the Town was willing to continue our current discussions but was not interested in a long-term sheltering agreement if the Town retained ownership. Barring some other direction, this leaves two remaining options:
Option 1: Sell the shelter facility to the County and enter into a services agreement for the County to provide shelter services to Town animals; and Option 2: Reject the County's offer to purchase and utilize the shelter for only Town animals.
The attached Purchase and Sale Agreement calls for an agreed upon total value of $15,000,000. These funds would be split into two parts: $10,000,000 in payment at close of escrow and $5,000,000 in service credit to be used over the life of the shelter agreement providing shelter services to the Town over a ten (10) year contract.
Due to the funding used to construct the shelter, the $10,000,000 payment would be restricted to funding infrastructure. The purpose of exploring the potential sale has never been to obtain funding for other projects, however, these funds could be used for any number of unfunded wish-list types of projects such as the Hilltop House reconstruction, Horsemen’s Center Park improvements, or improvements at the Singh Center.
The remaining $5,000,000 in funds would be held as a service credit to be used during the first seven (7) years of the proposed ten (10) year service contract. The proposed credit begins at $950,000 in year one and tapers to $300,000 in year seven. The proposed contract allows the County to accept all animals from within Town limits and is not restricted to domestic animals. The contract does not specifically preclude the County from housing animals from the Town in any of their other facilities, however, it does require them to operate “consistent with the standards of other professionals in the same discipline in California”. The County is committed to ensuring the best outcomes for animals from the Town as well as from their jurisdiction and arbitrarily placing animals from Apple Valley in shelters far from the Town does not allow for the best outcomes for these animals.
Should the Purchase and Sale Agreement and Service Agreement be approved by both parties, the County agrees to offer employment to current Town Animal Services staff.
Employees who have completed their probationary period with the Town will have their probationary period with the County waived. Employees would be placed on the salary step closest to but not less than their level in a classification equivalent to their current classification. Transferred employees will retain their start dates with the Town for determination of benefit accruals and will have all leave balances accrued with the Town transfer for their benefit upon entering County service. All will be covered by their equivalent bargaining unit based on their position.
If the Town Council approves these agreements, the agreements would go to the County Board of Supervisors for consideration at a future meeting. If the Town Council or the Board of Supervisors decides against the purchase and sale, the temporary contract for services provided by AVAS naturally runs out at the end of December, but that agreement contains a 30-day cancellation option should either party decide not to move forward.
Should either board decide against the purchase and sale, upon termination of the temporary shelter agreement, all animals at the shelter would remain for disposition by AVAS. No additional animals would be taken from County territory, either from County staff, private party, or owner turn in. AVAS would need to adopt strict procedures to ensure only animals from within the incorporated boundary of Apple Valley are housed at the shelter.
FISCAL IMPACT
Under Option 1, the Town will receive $15,000,000 in revenue from the Purchase and Sale Agreement. These funds would be split into two parts: $10,000,000 in payment at the close of escrow and $5,000,000 in service credit. The cost for services under the tenyear contract is estimated to be $11,151,759. With the $5,000,000 in service credit, the cost over ten years would be approximately $6,151,759.
Under Option 2, the Town would cease to receive current revenues from the County to cover the cost of a portion of AVAS services. The Town would remain responsible for the costs associated with AVAS staffing and the maintenance of the shelter. Without County revenues to cover the cost of the services to the County, the Town will need to re-evaluate service levels and staffing needs in the future.
ATTACHMENTS
A. Purchase and Sale Agreement and Joint Escrow Instructions B. Apple Valley Shelter Services Agreement
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PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”), between the Town of Apple Valley, (“SELLER”), and San Bernardino County, a body corporate and politic of the State of California (“BUYER”), each of them a “Party” and jointly the “Parties”, is entered into as of the date the last of the Parties executes this Agreement (“Effective Date”).
R E C I T A L S
A. SELLER is the owner of the fee simple interest in certain real property containing 4.94 acres, comprising of Assessor's Parcel Numbers 3087-391-01 and 3087-391-02, improved with an approximately 36,000 square foot animal shelter facility (the “Apple Valley Animal Shelter”), located at 22131 Powhatan Road, Apple Valley, California 92308 in the Town of Apple Valley, San Bernardino County, State of California, and more particularly described in the legal description attached hereto as Exhibit “A” (“Property”).
B. Subject to the terms and conditions set forth in this Agreement, SELLER desires to transfer, and the BUYER desires to accept, fee ownership of the Property, ownership of the Facility, along with the trade fixtures and personal property located at the Property, and operational responsibilities.
C. The Parties have agreed to enter into a Shelter Agreement (attached hereto as Exhibit “C”), which defines the terms and conditions of the County's assumption of the Facility’s operations and establishes a Service Credit in the amount of Five Million Dollars ($5,000,000) to be applied against the purchase price of the Property in consideration for the County’s performance of certain obligations.
A G R E E M E N T
Based upon the foregoing recitals, which are incorporated herein by this reference and made a part hereof, the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SELLER and BUYER agree as follows:
1. PURCHASE AND SALE OF THE PROPERTY.
1.1 Subject to all of the terms, conditions, and provisions of this Agreement, and for the consideration herein set forth, the SELLER agrees to sell “AS-IS” and convey to BUYER, and BUYER agrees to purchase from the SELLER, the Property as described in Exhibit “A” attached hereto along with any trade fixtures and personal property.
1.2 Amount of Purchase Price. The total agreed-upon value of the Property, the Facility, trade fixtures and personal property is Fifteen Million and 00/100 Dollars ($15,000,000.00). The consideration for the purchase of the Property shall consist of the following:
a. A Cash Payment of Ten Million and 00/100 Dollars ($10,000,000.00), to be paid by BUYER to SELLER on or before the Closing Date.
b. A Service Credit in the amount of Five Million and 00/100 Dollars ($5,000,000.00), applied to the Purchase Price in consideration for the County's performance of the obligations outlined in the Shelter Agreement, the execution of which shall be a condition to sale of the Property. c. At the Closing Date, the County shall deliver the Cash Payment in immediately available
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funds, and the Town shall apply the Service Credit as an offset against the total Purchase Price, resulting in no further monetary payment required for this portion of the consideration.
1.3 Within fifteen (15) Business Days following the Effective Date of this Agreement, BUYER shall deliver to Escrow, Chicago Title Company, Rancho Hills Escrow Division, located at 9090 Milliken Ave #100, Rancho Cucamonga, CA 91730 with Pam Fry, Escrow Officer (909-941- 6494; [email protected]) (“Escrow Holder”) a fully executed copy of this Agreement.
1.4 Independent Consideration Payment. Within fifteen (15) Business Days following the Escrow Opening Date (as defined in Section 3.1), BUYER shall deliver to Escrow the sum of One Hundred and 00/100 Dollars ($100.00) (the “Independent Consideration Payment”), as independent consideration for BUYER’s right to purchase the Property and to terminate this Agreement on or prior to the expiration of the Due Diligence Period and for SELLER’s execution, delivery, and performance of this Agreement. The Independent Consideration Payment is nonrefundable, not applicable to the Purchase Price, and shall be retained by SELLER notwithstanding any other provision of this Agreement.
2. DUE DILIGENCE REVIEW.
2.1 Inspections. BUYER and its agents, contractors, consultants, employees, representatives, engineers, and designees (collectively, "BUYER’s Agents”) shall have reasonable access to the Property upon at least 24 hours prior written notice, and so long as such access does not unreasonably interfere with conduct of business or use of the Property, until the expiration of the Due Diligence Period (or earlier termination of this Agreement) for the purpose of conducting tests and inspections of the Property, including (but not limited to) surveys and architectural, engineering, geotechnical and environmental inspections and tests, including a Phase I environmental site assessment and a Phase II environmental site assessment. The decision whether to perform these tests and inspections of the Property are within BUYER’s sole and absolute discretion. Seller’s representative shall have the right to be present with Buyer or Buyer’s representative for any access to the Property. The “Due Diligence Period” shall mean the ninety (90) Business Days following the Escrow Opening Date. A "Business Day" is any day on which the offices of the San Bernardino County, California Recorder are open to the public for business. A Business Day expires at 5:00 p.m., Pacific Standard Time. All inspections shall be performed by BUYER at BUYER’s sole cost and expense. Within five (5) Business Days after the Escrow Opening Date, SELLER shall deliver to BUYER copies of all plans, surveys, specifications, studies, reports, test results, and other documents pertaining to the physical, geological, or environmental condition of the Property that is in the possession of or within the control of SELLER (“Property Documents”). Seller makes no representation whatsoever about the content, accuracy, completeness or value of any Property Documents. Unless the Agreement is earlier terminated and subject to prior coordination with SELLER, BUYER may request access to the Property after the Due Diligence Period to facilitate the Closing. At any time during the Due Diligence Period, BUYER may, in its sole and absolute discretion:
(i) terminate this Agreement by delivering a Due Diligence Termination Notice pursuant to Paragraph
2.3; or (ii) shorten the Due Diligence Period and proceed to Closing by delivering a written notice to the SELLER (“Proceed to Closing Notice”); in which case, the Due Diligence Period shall end on the date SELLER receives the Proceed to Closing Notice and, pursuant to Paragraph 3.1, the Closing Date shall be no later than thirty (30) Business Days thereafter (with each party to acknowledge in writing the resulting Due Diligence Period end date and the Closing Date). The BUYER’s Director of the Real Estate Services Department shall have the authority on behalf of BUYER to exercise BUYER’s option to shorten the Due Diligence Period and proceed to Closing in accordance with this Paragraph 2.1.
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2.2 Hazardous Materials; Indemnification. Notwithstanding anything to the contrary in this Agreement, if any hazardous materials or waste (as defined by California Health and Safety Code section 25100, et. seq., and/or 42 U.S.C. §9601, et. seq.) are discovered on the Property prior to the Closing Date, SELLER shall be responsible for and bear the entire cost of all investigation, abatement, remediation, restoration, monitoring, compliance, removal, disposal, cleanup and decontamination which may be required because of these pre-existing hazardous materials.
SELLER shall indemnify, defend (with counsel reasonably approved by BUYER) and hold harmless BUYER and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Agreement from any cause whatsoever, including (without limitation): 1) the acts, errors or omissions of any person and for any costs or expenses (including reasonable attorneys’ fees) incurred by BUYER on account of any claim except where such indemnification is prohibited by law; and/or 2) all responsibility, liability , claims, judgment, judgments, penalties, consultant fees, attorneys fees, and any other costs and expenses for damages to persons or property or the environment and the costs for investigation, abatement, removal, remediation, restoration, monitoring disposal, clean-up, decontamination and compliance resulting from the existence or use of hazardous materials which Buyer proves occurred while Seller was the record owner of the Property. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. SELLER’s indemnification obligation applies to BUYER’s “active” as well as “passive” negligence but does not apply to BUYER’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782. This Section 2.2 shall survive the expiration or earlier termination of this Agreement.
2.3 Due Diligence Termination Right. If BUYER is not satisfied with the Property for any reason in BUYER’s sole and absolute discretion, BUYER may terminate this Agreement by giving written notice of termination to SELLER and Escrow Holder (“Due Diligence Termination Notice”) on or before the expiration of the Due Diligence Period. In the event that BUYER fails to deliver BUYER’s Due Diligence Termination Notice on or before the expiration of the Due Diligence Period, BUYER shall have conclusively been deemed to have waived its right to terminate this Agreement pursuant to this Section 2.3. The BUYER’s Director of the Real Estate Services Department shall have the authority on behalf of BUYER to exercise BUYER’s termination right and deliver its Due Diligence Termination Notice in accordance with this Paragraph 2.3.
2.4 Inventory of Personal Property. Promptly upon execution of this Agreement, but in no event later than thirty (30) business days following Opening of Escrow, Seller shall provide to Buyer an inventory of all trade fixtures and personal property located at the Property (Inventory), if any.
Such trade fixtures and personal property shall remain on the Property upon the Close of Escrow and become the property of Buyer. Seller shall provide all records pertaining to warranty and title necessary to transition ownership of the property.
2.5 Review and Approval of Title.
a. Promptly following execution of this Agreement but,· in no event, later than five (5) business days following Opening of Escrow, a preliminary title report shall be issued by Fidelity National Title Insurance Company ("Title Company"), describing the state of title of the Property, together with legible copies of all exceptions and a map plotting all easements ("Preliminary Title Report"). Within fifteen (15) business days after Buyer's receipt of the Preliminary Title Report, Buyer shall notify Seller in writing ("Buyer's Title Notice") of Buyer's disapproval of any matters contained in the Preliminary Title Report ("Disapproved Exceptions").
b. In the event Buyer delivers Buyer's Title Notice within said period, Seller shall have a
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period of ten (10) business days after receipt of Buyer's Title Notice in which to notify Buyer of Seller's election to either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any such Disapproved Exceptions ("Seller's Notice"). If Seller notifies Buyer of its election to decline to remove the Disapproved Exceptions, or if Seller is unable to remove the Disapproved Exceptions (other than any obligations of Buyer under Section 7), Buyer may elect either to terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved Exception(s) (“Buyer’s Election”). Buyer shall exercise such election by delivery of written notice to Seller and Escrow Holder within five (5) business days following the earlier of (i) the date of written advice from Seller that such Disapproved Exception(s) cannot be removed; or (ii) the date of written advice from Seller that declines to remove such Disapproved Exception( s ). If Buyer fails to provide written notice of Buyer’s Election within said five (5) Business Day period, Buyer shall be deemed to have accepted title to the Project subject to the Disapproved Exception(s).
c. Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement; provided, however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to seven (7) business days following receipt of notice of such additional exceptions.
Nothing to the contrary herein withstanding, Buyer shall be deemed to have automatically objected to all deeds of trust, mortgages, judgment liens, outstanding bond financing impacting the Property, federal and state income tax liens, delinquent general and special real property taxes and assessments and similar monetary encumbrances affecting the Property (excluding any such items caused by Buyer), and Seller shall discharge any such non-permitted title matter of record prior to or concurrently with the Close of Escrow except as otherwise specifically provided in this Agreement.
2.5 BUYER shall have the right to request any supplement to the Preliminary Title Report or any survey Buyer elects to obtain at its sole cost and expense, and if any such supplement discloses any new materially adverse title or survey matters not disclosed to BUYER prior to the expiration of the BUYER’s Title Review Period, the foregoing right of review and approval shall also apply to said new matter; provided, however, the period for BUYER to deliver BUYER’s Title Notice with respect to such new title matter shall be the later of (i) expiration of the BUYER’s Title Review Period, or (ii) three (3) Business Days from receipt of the supplemental title report or survey and the underlying document(s) referenced therein.
3. ESCROW.
3.1 Opening of Escrow; Closing Date. Closing of the sale of the Property shall take place through an escrow (“Escrow”) to be established with the Escrow Holder referred to in Section 1.3.
Escrow shall be deemed open upon the date BUYER delivers a fully executed copy of this Agreement to Escrow Holder (“Escrow Opening Date”), which shall occur by no later than fifteen (15) Business Days after the Effective Date of this Agreement. Upon receipt of a fully executed copy of this Agreement, Escrow Holder shall execute the Escrow Holder’s acceptance attached hereto and notify SELLER and BUYER of the escrow number it assigns to the Escrow. The Close of Escrow shall occur as soon as reasonably practicable following the expiration of the Due Diligence Period but in no event later than the date that is thirty (30) Business Days following the expiration of the Due Diligence Period (“Closing Date”). The terms “Close of Escrow” and/or the “Closing” shall mean the consummation of the transactions contemplated by this Agreement to occur through the
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Escrow including SELLER conveyance of the Property to BUYER.
3.2 Escrow Instructions. This Agreement, together with any standard instructions of Escrow Holder, shall constitute the joint escrow instructions of BUYER and SELLER to Escrow Holder as well as an agreement between BUYER and SELLER. In the event of any conflict between the provisions of this Agreement and Escrow Holder’s standard instructions, this Agreement shall prevail. Seller and Buyer shall execute such supplemental Escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement, provided such Escrow instructions are not conflict with this Agreement.
3.3 Deliveries by SELLER. On or before 12:00 noon Pacific Time on the Business Day preceding the scheduled Closing Date, SELLER shall deliver to Escrow Holder: (i) the Grant Deed for the Property in substantially the form attached hereto as Exhibit “B” (“Grant Deed”), duly executed and acknowledged by SELLER; (ii) the escrow costs and prorations for which SELLER is responsible pursuant to this Agreement; (iii) an original of the Closing Statement described in Section 3.6, duly executed by SELLER; and (iv) all other documents reasonably required by Escrow Holder to carry out and Close of Escrow pursuant to this Agreement.
3.4 Deliveries by BUYER. On or before 12:00 noon Pacific Time on the Business Day preceding the scheduled Closing Date, BUYER shall deliver to Escrow Holder: (i) the Purchase Price, (ii) the escrow costs and prorations for which BUYER is responsible pursuant to this Agreement, (iii) an original of the Closing Statement described in Section 3.6, duly executed by BUYER, iv) the certificate of acceptance affixed to the Grant Deed, duly executed, and (v) all other documents reasonably required by Escrow Holder to carry out and Close of Escrow pursuant to this Agreement.
3.5 Closing Statement. No later than four (4) Business Days prior to the Closing Date, Escrow Holder shall prepare for approval by BUYER and SELLER a closing statement (“Closing Statement”) on Escrow Holder’s standard form indicating, among other things, Escrow Holder’s estimate of all closing costs and prorations made pursuant to this Agreement.
3.6 Closing, Recording and Disbursements. On the Closing Date, and provided all of the SELLER Conditions to Closing and BUYER Conditions to Closing set forth in Sections 3.11.1 and 3.11.2 of this Agreement have been satisfied or waived in writing by the appropriate party, Escrow Holder shall take the following actions:
(a) Recording. Escrow Holder shall cause the Grant Deed to be recorded with the Recorder’s Office in San Bernardino County, California. (b) Delivery of Documents and Funds. Escrow Holder shall deliver to BUYER all of the items listed in Section 3.4 above which were delivered by SELLER to Escrow, except that Escrow Holder shall be instructed to record the original Grant Deed with the Recorder’s Office in San Bernardino County, California upon Close of Escrow. Escrow Holder shall deliver the Purchase Price to SELLER by wire transfer as provided in written instructions to be furnished to Escrow Holder by SELLER prior to the Close of Escrow, together with one duplicate original of all of the items listed in Section 3.4 above on the Close of Escrow.
3.7 Proration. Real property taxes, including supplemental taxes, together with assessments, property operating expenses, utilities and other recurring costs relating to the Property shall be apportioned as of 12:01 a.m. on the Closing Date (meaning Buyer shall be credited all income and charged with all expenses allocable from the Closing Date on the basis of a thirty (30) day month.)
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Notwithstanding the foregoing, the premiums on insurance policies shall not be prorated, and Buyer shall obtain its own insurance. Buyer and Seller acknowledge that both Buyer and Seller are public entities which pay no real property ad valorem taxes and thus shall have no real property tax apportioned as of the Closing Date. Utility and similar deposits shall be transferred to Buyer only if Buyer accepts such deposits and credits Seller for the same; otherwise, they shall belong to and shall be recovered by Seller.
3.8 Payment of Costs. SELLER shall pay for the premium for the standard coverage owner’s Title Policy referred to in Section 3.10.2(b), along with the cost of any endorsements or extended coverage to be as set forth therein. Any recording fees for the documents to be recorded under this Agreement and the escrow fee of Escrow Holder shall be divided equally and other costs and charges will be paid in customary manner; provided, however, that if the Close of Escrow has not occurred by the Closing Date by reason of a default hereunder, the defaulting party shall bear all Escrow cancellation charges. All other costs and expenses of Escrow not specifically allocated inthis Agreement shall be allocated between BUYER and SELLER in accordance with customary practice in the county in which the Property is located. BUYER and SELLER shall each be responsible for their respective attorneys’ fees and costs for this Agreement.
3.9 Information Report. Escrow Holder shall file and SELLER and BUYER agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code Section 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including, without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto.
SELLER and BUYER also agree that SELLER and BUYER, their respective employees and attorneys, and Escrow Holder and its employees may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transaction contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither SELLER nor BUYER shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.
3.10 Conditions to Close of Escrow.
3.10.1 Conditions to SELLER Obligations. In addition to any other condition set forth in this Agreement in favor of SELLER, SELLER shall have the right to condition its obligation to convey the Property to BUYER and close the Escrow upon the satisfaction, or written waiver by SELLER, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the “SELLER Conditions to Closing”):
(a) Delivery of Document and Funds. BUYER shall have timely executed and deposited into Escrow all escrow and closing documents required to be submitted by BUYER in order to accomplish the close of Escrow for the Property and the Shelter Agreement. BUYER shall have deposited with Escrow Holder the Cash Payment of $10,000,000 and the escrow and closing costs for which BUYER is responsible to pay and all other sums required of BUYER by this Agreement.
(b) Shelter Agreement. Prior to the Closing Date, Buyer shall have duly executed and delivered to Seller a copy of the Shelter Agreement in the form attached hereto as
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Exhibit C. Buyer shall be responsible for drafting the Shelter Agreement. Seller agrees to cooperate as reasonably as necessary to effect approval of the Shelter Agreement and to use good faith an diligent efforts to complete actions necessary to execute the Shelter Agreement. In order to satisfy this Seller condition, the Shelter Agreement must include the following critical terms regarding Apple Valley Animal Shelter employees:
I. All non-contract Apple Valley Animal Shelter employees who pass a criminal, also known as the Department of Justice clearance, background check performed by the San
Bernardino County Sheriff’s Department and accept
employment with the BUYER shall be offered employment with Buyer at a rate equivalent to or higher than their current salary; II. All Apple Valley Animal Shelter employees transitioned to Buyer employment will bring accrued vacation and sick time; and
III. Transitioned Apple Valley Animal Shelter employees will use the full time, permanent start date with Seller to determine benefit accruals and schedules while under Buyer’s
employment.
(c) Representations and Warranties. All representations and warranties made by BUYER in this Agreement are true and correct in all material respects as of the Closing Date as though made at that time.
(d) No Default under the Agreement. BUYER shall not be in material default of any of its obligations under this Agreement (and shall not have received notice of a default hereunder which has not been cured) and no event shall have occurred that would constitute a default with the giving of notice or the passage of time.
3.10.2 Conditions to BUYER’s Obligations. In addition to any other condition set forth in this Agreement in favor of BUYER, BUYER shall have the right to condition its obligation to purchase the Property and close the Escrow upon the satisfaction, or written waiver by BUYER, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the “BUYER Conditions to Closing”):
(a) Delivery of Documents and Funds. SELLER shall have timely executed and deposited into Escrow the Grant Deed, all escrow and closing documents required to be submitted by SELLER in order to accomplish the close of Escrow for the Property and the Shelter Agreement. SELLER shall have deposited with Escrow Holder the escrow and closing costs for which SELLER is responsible to pay and all other sums required of SELLER by this Agreement.
(b) Title Policy. The Title Company is unconditionally and irrevocably committed to issue to BUYER at Closing a CLTA standard coverage owner’s title policy, or, upon BUYER’s request, an ALTA extended coverage owner’s policy of title insurance (provided BUYER shall be responsible for any survey costs associated therewith and BUYER must deliver an ALTA survey acceptable to the Title Company for the issuance of such extended coverage at least ten (10) Business Days prior to the Closing Date and BUYER shall be responsible for the additional cost of the extended coverage), insuring BUYER’s title to the Property in the amount of the Purchase Price, subject only to the following (collectively, the “Approved Title Exceptions”): (i) the standard exceptions and exclusions from coverage
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contained in such form of the policy; (ii) real estate taxes not yet due and payable; (iii) matters created by, through or under BUYER; (iv) items disclosed by the Survey and Preliminary Title Report (including any supplements) and approved or deemed waived by BUYER pursuant to the title review provisions in Section 2.4, or, if BUYER fails to obtain the Survey, items which would be disclosed by an accurate, updated survey of the Property or a physical inspection of theProperty; and (v) any Title Objections that neither SELLER nor the Title Company has agreed toremove from title or insure over (“Title Policy”).
Notwithstanding anything to the contrary herein, if endorsements are required to cure defects in title and SELLER has agreed to provide such endorsements as a means of curing such title defects, then SELLER shall pay for such endorsements. (c) Condition. On the day before the Closing Date, SELLER shall remove from the Property any and all of the personal property, except the property indicated on the Inventory, of SELLER and of all tenants, occupants, users, trespassers, and other third parties along with any and all debris and trash from the Property. The physical condition of the Property, including without limitation, any improvements thereon, shall be substantially the same on the Closing Date as on the Effective Date.
(d) Timing of Transfer & Possession. The parties acknowledge that the Apple Valley Animal Shelter will continue to operate and provide animal care services during the transition period.
I. SELLER shall deliver full possession of the Property to BUYER on the Closing Date without any period of vacancy to ensure uninterrupted care of animals housed at the facility AND in the same operational capacity as confirmed and agreed to at the time of the termination of the Due Diligence and free from any tenants, occupants, users, and trespassers not contemplated in this agreement and in the Shelter Agreement.
II. The SELLER shall continue managing shelter operations until the County’s assumption of operational responsibility at the Closing Date. (e) Employee Transition & Operational Continuity. To ensure a seamless transition of the Apple Valley Animal Shelter, the following shall apply:
I. The SELLER shall maintain operational responsibility and staffing of the facility until the Close of Escrow.
II. The BUYER shall assume operational control as of the Close of Escrow, ensuring no disruption in animal care services.
III. The SELLER shall provide transitional support commencing at the end of the Due Diligence Period and for thirty (30) days thereafter, or upon the Close of Escrow, whichever is earlier, to assist in knowledge transfer and operational continuity as is more fully set forth in the Shelter Agreement. (f) CEQA. The requirements under the California Environmental Quality Act,as amended (CEQA), shall have been complied with. If on or before the Closing Date, an environmental review determines that a conveyance of the Property from SELLER to BUYER is not permissible under the CEQA, then escrow shall be terminated.
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(g) Non-Foreign Affidavit. SELLER shall have executed and deposited into escrow a Non-Foreign Affidavit as required by federal law.
(h) Representations and Warranties. All representations and warranties madeby SELLER in this Agreement are true and correct in all material respects as of the Closing Date as though made at that time.
(i) No Default under Agreement. SELLER shall not be in material default of any of its obligations under this Agreement (and shall not have received notice of a default hereunder which has not been cured)
(j) Encumbrances. Seller is not aware of any encumbrances on the Property except for those identified by the Title Report.
(k) Contract Termination. To the extent permissible by law and any applicable contracts or agreements, SELLER shall have made commercially reasonable efforts to cancel and terminate all agreements, contracts, leases, licenses, and use agreements relating to the Property with service providers, tenants, and other third parties, or as otherwise required pursuant to this Agreement, and provided BUYER with written evidence of same.
3.10.3 Satisfaction of Conditions. Where satisfaction of any of the foregoing conditions requires action by BUYER or SELLER, each party shall use its diligent efforts, in good faith, and at its own cost, to satisfy such condition.
3.10.4 Waiver. Each party may at any time or times, waive any of their respective Conditions to Closing in this Section 3.10, as set forth above, to their respective obligations hereunder,but any such waiver shall be effective only if contained in writing, signed, and delivered to the other party.
3.10.5 Escrow Termination. In the event each of the Conditions to Closing in this Section 3.10, as set forth above, is not fulfilled on the Closing Date or such earlier time period as provided for herein or waived, any party hereto may at its option terminate this Agreement and the Escrow(s) opened hereunder, provided that party is not in default of this Agreement beyond any applicable notice and cure periods. No termination under this Agreement shall release any party then in default from liability for such default. In the event this Agreement is terminated, all documents and funds delivered to Escrow Holder shall be returned immediately to the respective parties.
4. REPRESENTATIONS AND WARRANTIES.
4.1 Mutual Obligations & Cooperation. The SELLER and the BUYER shall work collaboratively to ensure the orderly transfer of all records, contracts, and relevant operational documents related to the Apple Valley Animal Shelter.
a. The parties shall coordinate the transfer of ownership, operational responsibilities, and employee transition timelines to minimize disruptions.
b. The SELLER shall provide all necessary documentation, including intake records, financials, and Apple Valley Animal Shelter agreements, prior to the transition date.
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4.2 SELLER Representations and Warranties. SELLER hereby makes the following representations and warranties to BUYER, each of which is material and relied upon by BUYER in making its determination to enter into this Agreement and each of which is re-made as of the Closing Date and shall survive the Closing Date:
(a) To the best of SELLER’S knowledge, SELLER’s execution, delivery, and performance of its obligations under this Agreement does not constitute a default or a breach under any contract, agreement or order to which SELLER is a party or by which it is bound. (b) SELLER owns the Property in fee simple, without leases or other use agreements (oral or in writing) or leasehold interests or other property or use interests except as otherwise identified herein and/or by the Title Report and SELLER has the full right, power, and lawful authority to sell the Property and undertake all obligations as provided herein. The execution, performance, and delivery of this Agreement by SELLER has been fully authorized by all requisite actions on the part of SELLER. (c) SELLER has not received any notice of any pending or threatened actions, suits, writs, injunctions, decrees, legal proceedings or governmental investigations against the Property, whether criminal, civil, or administrative.
(d) SELLER has not received any notices and has no knowledge of any violation or threatened violations of any laws, ordinances, rules, regulations, or requirements of any governmental agency, body or subdivision affecting or relating to the Property, whether criminal, civil, or administrative.
(e) SELLER is not the subject of a current or pending bankruptcy proceeding. (f) To the best of SELLER’s knowledge, there are no hazardous or toxic materials or substances (as defined by California Health and Safety Code Section 25100, et. seq., and/or 42 U.S.C. §9601, et. seq.) that exist on or beneath the Property. (g) SELLER has not received any notices and has no knowledge of any hazardous materials or waste (as defined by California Health and Safety Code Section 25100, et. seq., and/or 42 U.S.C. §9601, et. seq.) that exists at the Property or a violation of any environmental laws that exists at the Property.
4.3 BUYER’s Representations and Warranties. BUYER hereby makes the following representations and warranties to SELLER, each of which is material and relied upon by SELLER in making its determination to enter into this Agreement and each of which is re-made as of the Closing Date and shall survive the Closing Date:
(a) BUYER has the full right, power, and lawful authority to purchase and accept the Property and undertake all obligations as provided herein. The execution, performance, and delivery of this Agreement by BUYER have been fully authorized by all requisite actions on the part of BUYER.
(b) BUYER warrants that Buyer is, or has consulted with, a sophisticated owner and buyer of real property, familiar and experienced with requirements for the development of real property. BUYER has examined the Property or will have done so by Closing, is or will be familiar with its physical condition and accepts the Property in an “AS-IS” condition.
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5. RESERVED.
6. DEFAULTS.
6.1 Institution of Legal Actions. Any legal action must be instituted in the Superior Court of San Bernardino County, State of California.
6.2 Rights and Remedies are Cumulative. Except as otherwise expressly provided in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of oneor more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
6.3 Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any ofits rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
7. MISCELLANEOUS.
7.1 Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be delivered by either (a) personal delivery, (b) a reliable overnight courier service that provides a receipt showing the date and time of delivery, including (but not limited to) federal express, or (c) registered or certified U.S. Mail, postage prepaid, return receipt requested. A courtesy copy of any notices delivered in accordance with this subsection shall be concurrently sent via e-mail to the e-mail address identified below, provided that such courtesy e-mail is not intended, nor shall it be deemed to substitute as the effective means of notice delivery or alter the effective date of such notice. Notices shall be addressed to the respective parties as set forth below or to suchother address and to such other persons as the parties may hereafter designate by written notice to the other party hereto:
To SELLER: Town of Apple Valley
Attn: Town Manager
14955 Dale Evans Parkway
Apple Valley, CA 92307
[email protected]
To BUYER: San Bernardino County
c/o Real Estate Services Department
Attention: Brandon Ocasio, Manager of Acquisitions
385 North Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415-0180
Courtesy copy via email at:
[email protected]
Each notice shall be deemed delivered on the date received or the date the recipient refuses to accept receipt if delivered by personal delivery or by overnight courier service, or on the date of receipt or the date the recipient refuses to accept receipt as disclosed on the return receipt if by mail in accordance with this Section 7.1. The parties to this Agreement and their respective successors
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and assigns shall have the right from time to time, and at any time during the term of this Agreement, to change their respective notice addresses.
7.2 Relationship Between SELLER and BUYER. It is hereby acknowledged that the relationship between SELLER and BUYER is not that of a partnership or joint venture and that SELLERand BUYER shall not be deemed or construed for any purpose to be the agent of the other.
7.3 Attorneys’ Fees. If any legal action is instituted to enforce or declare any party’s rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys’ fees.
This subsection shall not apply to those costs and attorneys’ fees directly arising from any third-party legal action against a party hereto and payable under Section 2.2 (“Hazardous Materials; Indemnification”) or Section 7.12 (“Real Estate Brokerage Commission”).
7.4 Successors and Assigns; Assignment. This Agreement shall bind and inure to the benefit of SELLER and BUYER and their respective successors and permitted assigns. This Agreement shall not be assigned or otherwise transferred without the prior written consent of the non-assigning party. Any change in control or ownership of BUYER or SELLER shall be deemed an assignment requiring the non-assigning party’s consent for purposes of this Agreement.
7.5 Entire Agreement, Waivers, and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previousagreements between the parties with respect to all or part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by SELLER and BUYER.
7.6 Prohibited Persons and Transactions. SELLER represents to BUYER that it is not a personor entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute, executive order (includingSeptember 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and will not engage in any dealings or transactions or be otherwise associated with such persons or entities.
7.7 Executive Order N-6-22 Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the "EO") regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-countryinformation/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). The EO directs state agencies and their contractors (including by agreement or receipt of a grant) to terminate agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should it be determined by the County or the State that SELLER is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement.
SELLER shall be provided advance written notice of such termination, allowing SELLER at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of BUYER.
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7.8 Reserved.
7.9 Computation of Time. In the event that the day on which a party is required to take any action under the terms of this Agreement is a holiday, Saturday or Sunday, such action shall be taken on the next succeeding Business Day. The term “holiday” shall mean all holidays as recognized by the BUYER.
7.10 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California, without regard to conflict-of-interest principles.
7.11 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
7.12 Real Estate Brokerage Commission. BUYER represents and warrants that no real estate broker or agent is or will be involved in this transaction on behalf of BUYER. Any commissions, finders’ fees, and/or payments payable to SELLER’s Broker as a result of this sale of the Property shall be solely payable by SELLER pursuant to a separate agreement. In the event SELLER breaches the foregoing representation and warranty, SELLER shall be responsible, at its sole cost and expense, for any commissions, finders’ fees, and/or payments claimed to be due to SELLER’s Broker and any broker or third party that represents or alleges to represent SELLER regarding the sale of the Property.
Each Party agrees to indemnify and hold the other harmless from and against all liabilities, costs, damages, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from any claims f or fees, payment, or commissions due to a broker of third-party resulting from a breach of each party’s respective representations and warranties in this Section 7.12.
7.13 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. If authorized by law, the parties shall be entitled to manually sign and transmit this Agreement by electronic means (whether by f a c s i m i l e , PDF, or email transmission) and are entitled to electronically sign and transmit this Agreement via DocuSign, Adobe Sign, or other similar digital signature software, which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
7.14 Exhibits. Exhibits “A”, “B” and “C” are attached to this Agreement and are incorporated hereinby this reference and made a part hereof.
7.15 No Withholding as Foreign Seller. SELLER represents and warrants to BUYER that SELLER is not, and as of the Closing Date will not be, a foreign person within the meaning of Internal Revenue Code section 1445 and that it will deliver to BUYER on or before the Closing Date a nonforeign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.
8. BUYER BOARD OF SUPERVISORS APPROVAL: This Agreement is subject to and shall have no force or effect on BUYER until and unless first approved by Board of Supervisors for
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BUYER and executed by an authorized signatory for BUYER and the Agreement is mutually executed by SELLER.
[Signatures on next page]
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IN WITNESS WHEREOF, SELLER and BUYER have entered into this Agreement as of the date first set forth above.
BUYER:
SAN BERNARDINO COUNTY
SELLER:
TOWN OF APPLE VALLEY
By: By:
Dawn Rowe, Chair Board of Supervisors
Title:
Date: Date:
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT
HAS BEEN DELIVERED TO THE
CHAIR OF THE BOARD
LYNNA MONELL, Clerk of the Board of
Supervisors
By:
Deputy
Date:
Approved as to Legal Form:
TOM BUNTON, County Counsel
San Bernardino County, California
By:
Kristina M Robb
Deputy County Counsel
Date:
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ACCEPTANCE BY ESCROW HOLDER
The undersigned hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder.
, 2025 By:
Name:
Title:
Escrow No. __________________________
BOS Standard Contract Page 1
of 23
EXHIBIT “A”
Legal Description of the Property
APN: 3087-391-01 and 3087-391-02
PARCEL A (APN 3087-391-01)
N 1/2 W 1/2 W 1/2 SW 1/4 NE 1/4 SEC 27 TP 5N R 3W EX ST PARCEL B (APN 3087-391-02)
N 100 FT S 1/2 W 1/2 W 1/2 SW 1/4 NE 1/4 SEC 27 TP 5N R 3W EX ST
Revised 12/30/24
EXHIBIT “B”
FORM OF GRANT DEED
(conveyance document)
Follows this page
Revised 12/30/24
EXHIBIT “B”
FORM OF GRANT DEED
RECORDING REQUESTED BY:
San Bernardino County
Real Estate Services Department
385 N. Arrowhead Ave., 3rd Floor
San Bernardino, CA 92415-0180
WHEN RECORDED MAIL TO:
Same as above
RECORDER: EXEMPT:
This instrument is for the benefit of the
San Bernardino County and is entitled to
be recorded without fee subject to Govt.
Code 27383 and 6103, and Rev. & Tax
Code 11922
A.P.N: 3087-391-01
3087-391-02 GRANT DEED
Dept. Code:
The undersigned grantor(s) declare(s):
DOCUMENTARY TRANSFER TAX $0.00 Conveyance to Government Entity.
R&T 11922
computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at the time of sale
Unincorporated Area City
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Town of Apple Valley, hereby GRANT(S) to SAN BERNARDINO COUNTY, a body corporate and politic of the State of California, the following real property in the Town of Apple Valley, San Bernardino County, State of California:
SEE EXHIBIT “A”, LEGAL DESCRIPTION
GRANTOR:
________________________________ Dated: __________________
Revised 12/30/24
EXHIBIT “B”
FORM OF GRANT DEED- EXHIBIT A
Legal Description of the Property
APN: 3087-391-01 and 3087-391-02
PARCEL A (APN 3087-391-01)
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EXHIBIT “B”
FORM OF GRANT DEED
SAN BERNARDINO COUNTY
CERTIFICATE OF ACCEPTANCE
APN: 3087-391-01-0000, 3087-391-02-0000
This is to certify that the interest in real property conveyed by the within the instrument to San Bernardino County, a body corporate and politic of the State of California, is hereby accepted by the undersigned officer/agent on behalf of the Board of Supervisors pursuant to authority conferred by resolution of the Board of Supervisors adopted on March 27, 2012, and the Grantee consents to recordation thereof by its duly authorized officer/agent.
Dated: ___________________________
By: ______________________________
Terry W. Thompson, Director
Real Estate Services Department
Revised 12/30/24
EXHIBIT “C”
Shelter Agreement
Follows this page
Revised 12
/30/24
BOS Standard Contract Page 1 of 18
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Department of Public Health
Department Contract Representative Stephanie Ramos
Telephone Number (840) 587-6596
Town Town of Apple Valley
Town Representative Doug Robertson, Town Manager
Telephone Number (760) 240-7000 ext.7051
Contract Term Close of Escrow and continuing for
a 10-year period
Original Contract Amount Approx. $6,151,759
Amendment Amount NA
Total Contract Amount Approx. $6,151,759
Cost Center 9300261000
Grant Number (if applicable) NA
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, The San Bernardino County Department of Public Health, Animal Care Division provides Animal Shelter Services and
WHEREAS, The Town of Apple Valley (Town) desires to contract with San Bernardino County (County) to provide such services within their Town limits, and
WHEREAS, the Town and the County are separately entering into a Purchase and Sale Agreement for the purchase of the shelter currently located at 22131 Powhatan Rd. Apple Valley, CA 92308 (Purchase and Sale Agreement), and
WHEREAS, Article I, Chapter 1, Part 2, Division 1, Title 5, of the Government Code authorizes the County to contract with the Town to perform certain Town functions; and WHEREAS, Title 1, Division 1, Chapter 2, Section 11.0208 and Title 3, Division 2, Chapters 1, 2, 3, 14 and 15 of the County Code remain in full force and effect as a City/Town ordinance: and WHEREAS, The Town desires that such services be provided by County and County agrees to perform these services as set forth below.
NOW, THEREFORE, the County and Town mutually agree with the following terms and conditions:
Contract Number
SAP Number
Revenue Contract
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TABLE OF CONTENTS
A. DEFINITIONS........................................................................................................................................... 3 B. TOWN RESPONSIBILITIES..................................................................................................................... 4 C. COUNTY RESPONSIBILITIES................................................................................................................. 5 D. GENERAL CONTRACT REQUIREMENTS.............................................................................................. 6 E. TERM OF CONTRACT....................................................................................................................... 1010 F. FISCAL PROVISIONS............................................................................................................................ 10 G. INDEMNIFICATION AND INSURANCE REQUIREMENTS.................................................................... 12 H. CORRECTION OF PERFORMANCE DEFICIENCIES ........................................................................... 13 I. NOTICES................................................................................................................................................ 13 J. ENTIRE AGREEMENT........................................................................................................................... 13 K. ELECTRONIC SIGNATURES ................................................................................................................ 13 ATTACHMENT A............................................................................................................................................ 15 ATTACHMENT B............................................................................................................................................ 16 ATTACHMENT C ………………………………………………………………………………………………………17
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A. DEFINITIONS
A.1. Abandoned Animal – Any animal left unattended for a minimum of twenty-four (24) hours without receiving proper care and/or treatment by its owner or caretaker.
A.2. Adoptable Animal – Animals of eight (8) weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise take possession, have manifested no sign of behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury or congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal’s health in the future. The County reserves the right to place animals less than eight (8) weeks of age as it deems appropriate.
A.3. Adopted Animal – Permanent placement of an animal into an adoptee’s custody and ownership by County.
A.4. Business Day – Defined as every day the Shelter is open to the public. This does not include designated federal, or state holidays recognized by the County, Sundays or days when the Shelter is closed for other events.
A.5. Community Cat – A free roaming, unowned cat living in an outdoor environment that may or may not be part of a cat colony. A community cat may or may not be feral.
A.6. Contract – The Contract between the County and the Town.
A.7. County Fee – The respective fees approved by the San Bernardino County Board of Supervisors and located in the Schedule of Fees at Chapter 2, of Division 6, of Title 1, of the San Bernardino County Code.
A.8. Department of Public Health (DPH): The County department that helps to prevent epidemics and the spread of disease, protect against environmental hazards, prevent injuries, promote and encourage healthy behaviors, respond to disasters and assist communities in recovery, and assure the quality and accessibility of health services throughout San Bernardino County.
A.9. Department of Public Health Animal Care (AC) – The program that provides animal care for members of the public who are residents of the unincorporated areas of the County A.10. Euthanasia – The performance of euthanasia as outlined within local, state, and federal laws.
California Business and Professions Code Section 4827(a)(4), allows, “Administering sodium pentobarbital for euthanasia of sick, injured, homeless, or surrendered domestic pets or animals without the presence of a veterinarian when the person is an employee of an animal control shelter and its agencies or humane society and has received proper training in the administration of sodium pentobarbital for these purposes.”
A.11. Holding Period – The period of time animals, impounded into the Shelter, are held for observation to determine pet ownership, heath, and adoptability of the animal.
A.12. Impounded – The taking into custody of any animal into the Shelter on behalf of the Town as a result of this Contract. This includes but is not limited to animals (excluding Community Cats): (1) found in violation of state and/or County laws and codes; (2) taken in by County for the protection of animal or human health and/or safety; (3) turned in as a found stray by a Town resident; (4) turned in as an Owner-Turn-In (OTI); or (5) for any similar circumstances. Each animal impounded is counted as one (1) animal regardless of classification as a “stray” or “owner-turn-in”. A litter is counted as one (1) individual animal. Animals delivered by the Town or Town resident to another facility or veterinarian shall not be considered impounded or in custody of the County.
A.13. Litter – Each “unweaned” group of animals turned in with their mother, regardless of number.
A.14. Medical Care – The “necessary and prompt” veterinary medical care provided within County animal control shelters and/or its agencies to protect the public good with a California licensed veterinarian present is limited to basic care to prevent spread of disease and to protect the public and the animals, e.g., vaccinations, prophylactic treatment of parasites, and basic testing protocols. Medical care includes routine health monitoring by County staff.
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A.15. Owner-Turn-In (OTI) – Any animal that has been in the care and custody of a Town resident in excess of fifteen (15) days or reported by the Town resident to be their owned animal.
A.16. Quarantine – The strict confinement, for a specific amount of time, of an animal for observation by the County the Shelter, as a result of an incident in which the circumstances may have allowed the exposure/transmission of the virus which causes the disease known as rabies to another animal or human.
A.17. Quarter or Quarterly – The three (3) month period beginning with the Contract effective date defined as: First Quarter (July/August/September), Second Quarter (October/November/December), Third Quarter (January/February/March), and Forth Quarter (April/May/June).
A.18. Service Area – The Town of Apple Valley as identified on the Boundary Map (Attachment B).
A.19. Services – The required scope of work to be provided as agreed upon and described in this Contract.
A.20. Shelter – The County’s animal shelter located at 22131 Powhatan Rd. Apple Valley, CA 92308.
A.21. Shelter Services – Providing humane animal care through sheltering, necessary, and prompt medical care, pet placement, dog licensing, microchipping, vaccination, spay/neuter, quarantine, and euthanasia in accordance with the County Code and applicable law.
A.22. Stray – Any animal that has not been in the care and custody of the Town resident delivering and declaring such animal to be a stray for a period in excess of fifteen (15) days. Stray also applies to any animal without an owner that is delivered to the Shelter. Community Cats are not stray for purposes of this definition and this Contract.
A.23. Town of Apple Valley – Incorporated town in the Victor Valley in San Bernardino County.
A.24. Town Manager – The Manager of the Town of Apple Valley. The Town Manager or his/her designee is the authorized agent of the Town in enforcing the terms of this Contract.
B. TOWN RESPONSIBILITIES
The Town shall:
B.1. Compensate the County as set forth in Section F. Fiscal Provisions and Attachment A (as applicable) B.2. Facilitate the performance of functions as provided for in this Contract. The Town shall provide full cooperation and assistance to the County, its officers, agents and employees in their performance of Services pursuant to this Contract.
B.3. Town agrees to provide or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed or represent the Town. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of the Town. For purposes of this provision, "County Administrative Official" is defined as a member of the Board of Supervisors or such officer's staff, Chief Executive Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. County will provide definitions of these categories to the Town.
B.4. Town shall use recycled and recyclable products, whenever practicable, in fulfilling the terms of this Contract.
B.5. Upon the effective date of this Contract, for the first thirty (30) days thereafter, or until the close of escrow pursuant to the Purchase and Sale Agreement, whichever is earlier, the Town shall allow the County access to the existing shelter for purposes of job shadowing to learn the operational aspects of the existing shelter. This includes, but is not limited to, access to the animals then in the care of the existing shelter, veterinary records, fiscal records, accounting records, customer records, personnel records, and contracts for services and goods. The County shall also be permitted to engage with the Town’s existing shelter employees for the purposes of commencing all activities necessary to transfer the employees into County employment. This includes but is not limited to,
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training, background checks, completion of paperwork, physicals, and onboarding, and as is more fully set forth in Attachment C hereto.
C. COUNTY RESPONSIBILITIES
C.1. Maintain and operate the Shelter as an adequate, suitable, and sanitary animal shelter in compliance with applicable law.
C.2. The County will accept animals on behalf of the Town for impoundment from the Service Area which are brought to the Shelter. This includes live strays, deceased animals for disposal and owner turnins (OTI) for adoption or euthanasia.
C.3. All animals shall be impounded by County and Town shall reimburse County for such animals, as specified in the Fiscal Provisions Section F and Attachment A as applicable.
C.4. All impounded animals will be classified as stray unless an owner release is obtained and all OTI fees are paid at the time of impoundment. Owners refusing to pay fees at the Shelter will be directed to the Town for additional options or assistance.
C.5. County shall collect owner release paperwork, OTI fees, and other required fees from the owner releasing the animal at the Shelter. Members of the public who are residents of the Service Area, delivering owned animals to the Shelter will be requested to sign an owner release form indicating that they legally own the animal and understand the animal may be offered for adoption upon surrender. The owner release form shall contain a description of the animal, address of person delivering the animal to the Shelter.
C.6. County will not be providing field services as part of this Contract. Field services includes, but is not limited to, enforcement services, investigations, catching animals at-large throughout the Service Area, responding to calls regarding injured animals, vicious animals, loose livestock, or other calls requiring service outside of the Shelter.
C.7. OTI animals delivered to the Shelter by the Town must be delivered with the appropriate owner release paperwork. If paperwork and/or fees are not collected by the Town in the field, the County shall be responsible for collection of OTI fees.
C.8. County shall accept for impoundment Town domestic animals involved in bite cases which are delivered to the Shelter by Town Animal Care Officers and Town residents and shall quarantine said animals for ten (10) days and in compliance with applicable law.
C.9. Parties agree that the impound holding period of all animals impounded pursuant to this Contract shall only be for five (5) days or as required by applicable law. The Town may request additional holding days for specified animals at the impound cost listed in Attachment A. County will work with the Town to accommodate extensions to the best of their ability.
C.10. Town residents within the Service Area delivering stray animals to the Shelter will be requested to sign an impound slip indicating that the animal is a stray. The impound slip shall contain a description of the animal, address of person delivering the animal to the Shelter, and location where the animal was picked up.
C.11. County shall provide proper care of treatment to all animals impounded in accordance with applicable law. This includes housing, food, and veterinary care.
C.12. Provide health exams, medical and/or veterinary services to all animals delivered to the Shelter.
C.13. County shall be open to the general public during established operating hours which will be provided to the Town and consistent with the hours of operation provided to the members of the public. County reserves the right to designate hours of operation to provide the highest quality of service and ensure compliance with applicable laws and holding period mandates. Subject to the availability of County staff and upon reasonable advance notice, County shall provide access to designated Town personnel to allow impoundment of animals after hours into the Shelter.
C.14. County shall ensure that impounded animals will be displayed to public to allow owner identification.
When such animals are wearing identification, known owner will be contacted by telephone and by mail. Owned animals will be held for ten (10) business days. If animals are not redeemed by their
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owners and adoption holds have not been placed, the Town may request that the animal be held for adoption for an additional time period as per this Contract. Those which are neither redeemed nor adopted may be euthanized after the mandatory hold period as mandated by applicable law. This does not apply to OTI animals surrendered by their owners to Shelter.
C.15. Euthanize all stray domestic animals brought to the Shelter by authorized persons provided that it is in compliance with state law and no domestic animals so impounded shall be euthanized without notice to the owner of such domestic animals, if that person is known. Domestic animals impounded under the provisions of the County Code shall be euthanized only after the mandatory hold period, as mandated by applicable law. County reserves the right to approve and/or deny requested euthanasia of owner surrendered animals that were turned in by the public and are handled as a result of this Contract.
C.16. County will arrange spay or neuter services for adopted animals in compliance with applicable laws.
C.17. Refer Town residents to the Town to purchase or renew dog licenses.
C.18. Maintain records for all animals delivered to the County from the Service Area.
C.19. County will establish and charge fees for adoption and shelter services, as specified in the County Fee Schedule currently in effect under County Code Section 16.0213A(b).
C.20. County represents, and Town agrees, that it has the professional and technical personnel required to perform services in conformance which such terms, conditions, and provisions of this Contract.
County shall perform all services under this Contract in a skillful and competent manner, consistent with the standards generally recognized by professionals in the same discipline in the State of California.
C.21. The County shall provide a report consisting of the statistical information of its services under this Contract with the quarterly billing invoice. The Chief of Animal Care, or appointed designee, shall be authorized to approve revisions to the monthly report.
C.22. The Town shall determine any other services needed within the Town and may request such additional services to be provided from the County. Any additional services must be mutually agreed to in writing as an amendment to this Contract.
C.23. The County will not accept or impound community cats at the Shelter, however community cats may be eligible for services with any Trap-Neuter-Vaccinate-Release (TNVR) program that the County has in place.
C.24 The County agrees to offer employment to current Apple Valley Animal Care personnel, in accordance with the provisions of Attachment C.
D. GENERAL CONTRACT REQUIREMENTS
D.1. Recitals – The recitals set forth are true and correct and incorporated herein by this reference.
D.2. Contract Amendments – Parties agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Town and County D.3. Contract Assignability – Without the prior written consent of both Parties, the Contract is not assignable by either Party either in whole or in part.
D.4. Attorney’s Fees and Costs – If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney’s fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
D.5. Change of Address – Each Party shall notify the other Party in writing, of any change in mailing address within ten (10) business days of the change.
D.6. Choice of Law – This Contract shall be governed by and construed according to the laws of the State of California.
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D.7. Compliance with County Policy – In performing the Services and while at any County facilities, Town personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, shall be communicated in writing to Town or Town personnel or may be made available to Town or Town personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Town shall be responsible for the promulgation and distribution of County Policies to Town personnel to the extent necessary and appropriate.
County shall have the right to require Town’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.
D.8. Confidentiality – Parties shall protect from unauthorized use or disclosure the names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Parties shall not use or disclose any identifying information for any purpose other than carrying out the parties’ obligations under this Contract, except as may otherwise be required by law. This provision will remain in force even after the termination of the Contract.
D.9. Primary Point of Contact – The Town will designate an individual to serve as the primary point of contact for the Contract. Contractor or designee must respond to County inquiries within two (2) business days. The Town shall not change the primary contact without written acknowledgement to the County. The Town will also designate a back-up point of contact in the event the primary contact is not available.
D.10. County Representative – The Director of the Department of Public Health or their designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work. The Board of Supervisors must approve all amendments to this Contract.
D.11. Damage to County Property – Each Party shall repair, or cause to be repaired, at its own cost, all damages to other Party’s vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.
If the responsible Party fails to make timely repairs, the other Party may make any necessary repairs.
The responsible Party, as determined by the other Party, shall repay all costs incurred by the other Party for such repairs, by cash payment upon demand.
D.12. Duration of Terms – This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.
D.13. Improper Influence – The Town shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.
D.14. Improper Consideration –Parties shall make all reasonable efforts to ensure that no employee, whose position with the other Party enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to either Parties’ officers or employees.
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D.15. Informal Dispute Resolution – In the event of any dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
D.16. Legality and Severability – The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
D.17. Licenses, Permits and/or Certifications – County shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. County shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract. Town shall cooperate with County as needed to obtain any licensing, permits and/or certifications described herein.
D.18. Material Misstatement/Misrepresentation – If during the course of the administration of this Contract, either party determines that other party has made a material misstatement or misrepresentation or that materially inaccurate information has been provided it, this Contract may be immediately terminated by the other party. If this Contract is terminated according to this provision, the other party is entitled to pursue any available legal remedies.
D.19. Mutual Covenants – The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.
D.20. Nondisclosure – Parties shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Parties shall not use or disclose any identifying information for any other purpose other than carrying out the parties’ obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.
D.21. Notice of Delays – Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.
D.22. Records – The County shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.
All records relating to the County’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format.
Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.
All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records per the preceding requirements shall be considered grounds for withholding payments for billings submitted and for termination of the Contract.
D.23. Relationship of the Parties – Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either
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Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
D.24. Release of Information – No news releases, advertisements, public announcements or photographs arising out of the Contract or the Town’s relationship with County may be made or used without prior written approval of the County.
D.25. Representation of the other Party – In the performance of this Contract, the Town, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the County. The County, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the Town.
D.26. Strict Performance – Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
D.27. Subpoena – In the event that a subpoena or other legal process commenced by a third party in any way concerning the Services provided under this Contract is served upon the Town or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. The Town and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations.
D.28. Termination for Convenience – Following exhaustion of the total service credit identified in Section F, each Party reserves the right to terminate this Contract, for its convenience, with or without cause, with one hundred eighty (180) days written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the County for services rendered and expenses reasonably incurred prior to the effective date of termination.
Termination for convenience is not available until the total service credit has been exhausted.
D.29. Time of the Essence – Time is of the essence in performance of this Contract and of each of its provisions.
D.30. Venue – The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.
D.31. Conflict of Interest – The County and Town shall make all reasonable efforts to ensure that no conflict of interest exists between their officers, employees, or subcontractors and the other party.
The County and Town shall make a reasonable effort to prevent employees, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties. Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County or the Town determine a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the other party. This provision shall not be construed to prohibit employment of persons with whom the County’s or Town’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.
D.32. Former County Administrative Officials – The Town agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent the Town. The information provided includes a list of former County
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administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of the Town. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.
D.33. The County and the Town certify that neither it nor its principals are presently disbarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency as required by Executive Order 12549 and implemented as 45 Code of Federal Regulations part 76.
D.34. Force Majeure – Neither party shall be liable for failure or delay to perform obligations under this Contract, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include without limitation, natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; ware; government acts or orders; epidemics, pandemics, or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than thirty (30) days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this Contract affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations and deliverables for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist.
D.35. Supersedes Prior Contracts – This Contract supersedes and replaces all previous contracts, agreements and understandings, oral, written, and implied, between the County and the Town hereto with respect to the subject matter hereof. All such prior contracts, agreements, and understandings are hereby terminated and deemed of no further force or effect.
E. TERM OF CONTRACT
E.1. This Contract shall go into effect on the day following the close of the due diligence period under the Purchase and Sale Agreement and shall expire ten (10) years thereafter, but may be terminated earlier in accordance with provisions of this Contract. Consistent with B.5 above, for the first thirty (30) days of the Contract or until the close of escrow, whichever is earlier, the County shall not be obligated to perform any of the Services provided in this Contract but shall be permitted access to the Shelter for the purposes of learning the organizational aspects of the existing shelter and completion of steps necessary to transition existing shelter employees.
E.2. Either Party may terminate the Contract immediately under the provisions of this Contract. The Chief of Animal Care or Director of Public Health is authorized to exercise the County’s rights with respect to any termination of this Contract.
F. FISCAL PROVISIONS
F.1. The Town agrees to compensate the County in an annual amount, as described below, for the Services performed by County pursuant to this Contract. This obligation shall commence upon either thirty days following the effective date of this Contract, or the day following the close of escrow, whichever is earlier.
F.2. The annual amount payable by the Town is based on the Town’s proportionate share of cost determined by the total cost for operation of the Shelter multiplied by the Town’s historic animal intake percentages. At the time of execution of this Contract, the Town’s proportionate share of cost is 46%.
F.3. For the first year of services (2025-26), the Town agrees to pay County the amount of $990,517. For each year thereafter, the annual amount due by the Town to the County for services performed pursuant to this Contract will increase annually by 2.5% or the most recent percentage established by the Consumer Price Index (CPI) as published by the U.S Department of Labor for the Riverside Area, whichever is higher.
Revised 12/30/24 Page 11 of 18
F.4. The Town will be billed additional costs associated with extended impoundment as indicated in C.9 and/or if the Town’s animal intake percentage exceeds 46%. Costs will be billed according to the Impound Fees outlined in Attachment A.
F.5. As consideration for transfer of ownership of the Shelter from the Town to the County, as is more fully described in the Purchase and Sale Agreement entered into between the County and the Town on ______, the Town shall receive a total service credit of $5,000,000. The Service Credit as detailed below shall be deducted from the Town’s share of cost over the next seven years.
F.6. The service credits from the County to the Town and the amount payable by Town to County are detailed as follows:
Ten Year Contract – Year-by-Year Breakdown:
Fiscal Year Apple Valley
Shelter
Budget
DPH 54%
Proportionate
Share of Cost
AV 46%
Minimum
Proportionate
Share of Cost
Service
Credit
Estimated
Remainder
Due by AV to
the County
Year 1 $2,164,935 $1,174,418 $990,517 $950,000 $40,517
Year 2 $2,219,058 $1,198,292 $1,020,767 $925,000 $95,767 Year 3 $2,274,535 $1,228,249 $1,046,286 $875,000 $171,286 Year 4 $2,331,398 $1,258,955 $1,072,443 $775,000 $297,443 Year 5 $2,389,683 $1,290,429 $1,099,254 $675,000 $424,254 Year 6 $2,449,425 $1,322,690 $1,126,736 $500,000 $626,736 Year 7 $2,510,661 $1,355,757 $1,154,904 $300,000 $854,904 Year 8 $2,573,427 $1,389,651 $1,183,776 $0 $1,183,776
Year 9 $2,637,763 $1,424,392 $1,213,371 $0 $1,213,371
Year 10 $2,703,707 $1,460,002 $1,243,705 $0 $1,243,705
TOTAL $24,254,592 $13,102,835 $11,151,759 $5,000,000 $6,151,759 Note: Table is reflective of an annual 2.5% increase, total amounts due will reflect actual inflationary rates or 2.5%, whichever is higher.
F.7. Animal Care Fee Schedule – The Town’s share of cost is calculated at 46% of Shelter capacity based on historical animal intake numbers. In the event the Town’s capacity exceeds 46%, the Town shall pay County according to the Impound Fee Schedule as detailed in Attachment A. These additional fees will be calculated on a monthly basis and reflected in quarterly billing. Fees will be charged per animal on the first day at the intake rate and each day billed at the daily rate thereafter.
F.8. Payment Method
F.8.1. County shall submit invoices to Town no later than 90 days following the period end dates noted in the schedule below. In addition to the invoices listed below, if applicable, a final invoice shall be submitted to Town no later than September 30 of the next fiscal year for any costs not billed in Invoice No. 4 but incurred on behalf of Town through June 30 to the current fiscal year. Quarterly invoices will be collected for the quarter pursuant to Section A.4 and A.7.
Invoice Number Period End Date of the Current Fiscal Year 1 September 30
2 December 31
3 March 31
4 June 30
F.8.2. Town shall process County’s claim for payment within thirty (30) days following receipt of County’s complete and accurate invoice, including County’s statistical information report and other backup documentation reasonably requested by Town.
Revised 12/30/24 Page 12 of 18
F.8.3. Town shall issue all payments to County via electronic funds transfer (EFT) directly deposited into the County’s designated bank account. Town shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
F.9. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract, however designed, levied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations.
F.10. The Town agrees to reimburse the County for actual costs resulting from an emergency response.
These costs will be over and above the contracted amount.
F.11. If this contract is terminated pursuant to Section D.28 prior to exhaustion of all service credits, the County will reimburse Town the remainder of unallocated service credits.
F.12. The following categories are fees or fundraising which will not be credited to the Town when payments are received from members of the public:
a. Adoption fees
b. Microchip fees
c. Vaccination fees
d. Owner Turn-ins (OTI) fees
e. Donations
f. Rabies Clinics
g. Boarding fees after 5-days impoundment
h. Medical requested euthanasia
G. INDEMNIFICATION
Indemnification
The Town agrees to indemnify, defend (with counsel reasonably approved by the County) and hold harmless the County and its elected officials, officers, employees, agents and volunteers, at the Town’s sole expense, from and against any and all claims, actions, losses, damages, liability, and/or legal proceedings brought against County, its elected officials, officers, employees, agents and volunteers arising out of the performance of the Town under this Contract.
The County agrees to indemnify, defend (with counsel reasonably approved by the Town) and hold harmless [Contractor] and its authorized officers, employees, agents and volunteers, at County’s sole expense, from and against any and all claims, actions, losses, damages, liability, and/or legal proceedings brought against the Town, its authorized officers, employees, agents and volunteers arising out of the performance of the County under this Contract.
Notwithstanding the foregoing, neither party shall be liable for the defense or indemnification of the other party for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the other party.
In the event the both parties are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the parties shall indemnify the other to the extent of its comparative fault. In the event of litigation arising from this Agreement, each party to the Agreement shall bear its own costs, including attorney fees.
County and the Town are authorized self-insured or partially self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation, and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement.
Revised 12/30/24 Page 13 of 18
H. CORRECTION OF PERFORMANCE DEFICIENCIES
H.1. Failure by Town or County to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. The breaching party shall have sixty (60) days to cure its breach.
H.2. In the event of a non-cured breach after the sxity-day cure period, the non-defaulting party may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
H.2.1. Afford the breaching party thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of the non-breaching party; and/or H.2.2. Terminate this Contract.
I. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
Department of Public Health
Animal Care
Attn: Chief of Animal Care
658 E. Brier Dr., 1st Floor
San Bernardino, CA 92408Facsimile:
Email: [email protected]
Town of Apple Valley
Attn: Town Manager
14955 Dale Evans Parkway
Apple Valley, CA 92307
Facsimile:
Email: [email protected]
Notice shall be deemed communicated two (2) Business Days from the time of mailing if mailed as provided in this paragraph.
J. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.
K. ELECTRONIC SIGNATURES
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein.
Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
Revised 12/30/24 Page 14 of 18
IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Daniel Pasek, Deputy County Counsel Joshua Dugas, Director Date Date Date
SAN BERNARDINO COUNTY
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:
Deputy
Address 14955 Dale Evans Parkway
Apple Valley, CA 92307
BOS Standard Contract Page 15 of 18
ATTACHMENT A:
SAN BERNARDINO COUNTY ANIMAL CARE FEE SCHEDULE
Impound Fee Schedule Animal Sheltering
Fiscal Year Initial Impoundment
Daily
(After Initial
Impoundment)
FY 2025-26 $50 $15
FY 2026-27 $50 $15
FY 2027-28 $50 $15
Revised 12/30/24 Page 16 of 18
ATTACHMENT B
TOWN OF APPLE VALLEY SERVICE AREA MAP
Revised 12/30/24 Page 17 of 18
ATTACHMENT C
ASSUMPTION OF PERSONNEL
Assumption of Personnel.
County agrees to offer employment to current Town of Apple Valley (Town) Animal Services personnel, in accordance with the job classifications listed in the Personnel Table below, provided each of them successfully passes the required Department of Justice (DOJ) background check. Failure to successfully pass the required DOJ background check shall disqualify a current Town Animal Care employee from employment with the County.
The Town shall make available any relevant employment records or documentation that may assist the County in this onboarding process to include validating service hours, sick and vacation accrual hours and hourly rate of pay at the time of the execution of this Agreement. Both parties agree to maintain open lines of communication to address any potential issues or concerns that may arise during this transition period. The Town shall provide updated leave accrual balances and hourly rates of pay immediately upon the close of escrow for all employees transferring to County employment. The County shall use the full time, permanent start date with Town to determine all benefit accruals including accrued vacation and sick time for all employees transferring to County employment pursuant to this Agreement.
The County commits to providing necessary training and orientation sessions for all new hires to ensure a smooth transition into their roles. These sessions will cover County policies, personnel rules, safety procedures, Code of Conduct, and job-specific responsibilities. The Town agrees to allow all employees to participate in such sessions during the period commencing with the close of the due diligence period through the close of escrow.
Pre-employment physicals shall be performed on all personnel to ascertain the existence of any employment related medical conditions existing prior to this Agreement, for which the Town shall retain liability.
The employees in the job classifications listed in the Personnel table below are required to maintain all appropriate license/certifications/registrations for the job to which they are assigned. Notwithstanding any provision to the contrary in the civil service rules to which the County is subject, exempt personnel will be offered appropriate positions as determined by the County.
Notwithstanding any provision to the contrary in the civil service rules to which the County is subject, Personnel will be offered employment in positions determined by the County that closely mirror the job duties they were performing before this Agreement.
PROBATIONARY PERIOD: Personnel who have successfully completed their probationary period with the Town will have their probationary period waived by the County and will be granted regular status. Personnel who are still serving their probationary period with the Town will continue on probation with the County for the remainder of that period.
SALARY: Notwithstanding any provision to the contrary in the civil service rules to which the County is subject, Personnel will be assigned to the salary grade corresponding to the County classification. The step placement will be determined as follows:
Personnel shall be placed on a step closest to, but not less than, their current base rate of pay on the salary range of the equivalent classification as detailed in the Personnel Table below. Personnel whose current hourly rate exceeds the top step of the equivalent classification’s salary range, shall be placed on the “X” step and retain their current hourly rate of pay. Personnel shall receive no future salary rate increases until the salary range maximum of the designated classification exceeds the “X” step.
BENEFITS: Personnel will be entitled to all benefits associated with the relevant County classification and its designated bargaining unit.
Revised 12/30/24 Page 18 of 18
RETIREMENT: Based on eligibility, Personnel will be enrolled in the County’s retirement system or the County’s Part-time, Seasonal or Temporary (PST) Deferred Compensation Plan.
LEAVE ACCRUALS: All Personnel shall maintain their Town seniority dates for the purpose of determining leave accrual rates, based on the Leave Provision article associated with the relevant County classification of the applicable Memorandum of Understanding (MOU) or compensation plan.
LEAVE BALANCES: All Personnel shall maintain their existing sick and vacation leave balances gained during their course of work with the Town. Personnel may reference the applicable MOU corresponding to the County classification for information on accumulation, maximum leave banks and administration processes.
In the event of layoff, the Order of Layoff provision provided in the applicable MOU for the corresponding County classification shall be followed.
Except in the case of County negligence or willful neglect, the Town agrees to indemnify and hold the County, its employees, officer, and agents, harmless for any and all claims that may arise with regard to the assumption of the abovementioned Personnel and any and all claims, lawsuits or damages arising therefrom, including but not limited to Unfair Labor Practice Claims, claims relating to successor employer status, rights with regard to representation and other claims that may arise related to the appropriateness of the assumption of services and employees by the County.
Except in the case of County negligence or willful neglect, the Town agrees to take full responsibility for, and to defend, indemnify, and hold harmless the County, along with its officers, agents, employees, or volunteers, from any claims, actions, losses, or damage arising from occupational injuries sustained by any employee during their employment with the Town. This includes cases where such injuries were caused by or exacerbated by preexisting medical conditions prior to this Agreement.
PERSONNEL TABLE
(RED FONT INDICATES A NEED TO “X” STEP)
Position Title/Classification Equivalent County Classification Bargaining Group Unit Salary Grade
INTERIM ANIMAL SERVICES MGR Public Health Program Manager MGT 75 ANIMAL HEALTH SUPERVISOR Supervising Animal Control Officer SUP 52A REGISTERED VETERINARY TECH Registered Veterinary Technician TI 45C RESCUE COORDINATOR Staff Aide ADM 41
ANIMAL BEHAVIORIST Animal Behaviorist TI 47
ANIMAL SERVICES TECHNICIAN Office Specialist CLK 35
ANIMAL HEALTH ASSISTANT Office Specialist CLK 35
ANIMAL SERVICES ASSISTANT Kennel Attendant TI 34
ANIMAL SERVICES ASSISTANT - PT Kennel Attendant TI 34
Information last updated June 16, 2025
Town Council Agenda Report
Date: July 22, 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 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation under section 54956.9(d)(4): One Case