Agenda packet — Apple Valley City Council, August 26, 2025

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, August 26, 2025, 6:30 p.m.

Council Chamber

PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER
THIS MEETING IS BROADCAST LIVE AND VIEWABLE ON FRONTIER CHANNEL 29 OR CHARTER SPECTRUM CHANNEL 186 AND LIVE STREAMED ONLINE AT HTTPS://APPLEVALLEY.TV.THE TOWN OF APPLE VALLEY SUPPORTS PUBLIC COMMENTS FOR INDIVIDUALS NOT PHYSICALLY PRESENT AND WISHING TO MAKE PUBLIC COMMENTS.

PLEASE EMAIL YOUR COMMENT TO [email protected]. COMMENTS SHOULD BE SUBMITTED BY 12:00 P.M. ON THE MEETING DATE TO BE INCLUDED IN THE RECORD.

The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.

This is an agenda for the scheduled meeting of the Town of Apple Valley.

This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.

Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.

In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.

Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.

No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of the Town Council/Redevelopment Agency or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.

When called, approach the podium and if desired, please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.

Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.

The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.

Pages

1. Call to Order

2. Opening Ceremonies

2.1 Invocation
Pastor Kit Johnson with Life Point Baptist Church Apple Valley

2.2 Pledge of Allegiance

2.3 Presentations

3. Public Comments

4. Councilmember Committee/Commission/Community Participation 6 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

5. Town Council Announcements

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5.1 Suggested items for next Agenda

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting Regular Meeting - September 9, 2025 - Council Chambers
Regular Session at 6:30pm
A.

6. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 6.1 to 6.11 as recommended.

6.1 APPROVAL OF MINUTES 8
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 FEE WAIVER FOR THE CHURCH FOR WHOSOEVER 18
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the rental fees in the amount of $210.00.

6.3 APPROVAL OF ADDENDUM NUMBER TWO (2) TO THE JOINT USE

AGREEMENT WITH THE APPLE VALLEY UNIFIED SCHOOL

DISTRICT TO COMPYL WITH THE UPDATED EDUCATION CODE

REQUIREMENTS
21 Approve the addendum to the Joint Use Agreement with the Apple Valley Unified School District. The addendum updates procedures requiring the Town to notify the District by the next working day of any health or safety concerns, criminal matters involving staff, or building safety issues. It also reflects an increase in program fees to account for rising operational costs set forth in the original Joint Use Agreement.

6.4 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT C25-07 35 Award a contract to J. Allison Construction, for the Residential Rehabilitation Loan Program applicant C25-07, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6.5 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT C25-06 44 Award a contract to Robert Scott Lawrence, for the Residential Rehabilitation Loan Program Applicant C25-06, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6.6 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT H25-07 53 Award a contract to J. Allison Construction, for the Residential Rehabilitation Loan Program applicant H25-07, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6.7 ACCEPT THE FINAL PARCEL MAP NO. 20736 62
Move to accept the final Parcel Map No. 20736 for applicant Martin and Maria Aguilera.

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6.8 REQUEST TO VACATE A PORTION OF OUTER HIGHWAY 18 SOUTH ALONG PARCEL 6 PARCEL MAP 14729
71 That the Town Council:

Find that Outer Highway 18 South rights-of-way, adjacent to the approved Buffalo Trading Post retail center, are excess right-ofway of a street or highway not required for street or highway purposes.

Adopt the Resolution No. 2025-26 Vacating A Portion of Outer Highway 18 South, pursuant to Streets and Highways Code Section 8334 (a).

Instruct the Town Clerk to cause the Resolution vacating said Outer Highway to be recorded in the office of the County Recorder of the County of San Bernardino, pursuant to Section 8334 (a) of the Streets and Highways Code.

6.9 APPROVE AMENDMENT FOR A ROUNDABOUT AT YUCCA LOMA

ROAD AND RINCON ROAD
79 Approve an addendum to the existing Professional Services Agreement with Kimley-Horn and Associates, Inc. to include full design services for a roundabout at the intersection of Yucca Loma Road and Rincon Road for an added cost of $208,800.00. Approval is subject to review as to form by the Town Attorney and as to content by the Town Manager.

6.10 ACCEPTANCE OF WORK FOR THE VILLAGE NORTH SIDEWALK

IMPROVEMENTS PROJECT
89 That the Town Council:

Accept the work for the Village North Sidewalk Improvement Project No. 2024-03 as complete for a total cost of
$1,965,549.23;
A.

Direct the Town Clerk to file the Notice of Completion with the San Bernardino County Recorder’s Office; and
B.

Authorize the release of retained funds 30 days after the Notice of Completion has been recorded, provided no claims are filed against the project.

6.11 OPT INTO ADDITIONAL NATIONAL OPIOID SETTLEMENTS 92 Authorize the Town Manager to opt into settlement agreement with opioid distributors, Purdue Pharma, L.P. and the Sackler Family, and direct the Town Manager to execute any documents necessary to implement the action

7. Public Hearings

8. Business of the Council

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9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update

11. Closed Session
Recommended Motion:

To Adjourn the regular meeting to move into Closed Session at TIME to discuss the following:

11.1 CLOSED SESSION 95
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9
Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al., Case No.: CIVDS1600180; Town of Apple Valley vs. Apple Valley Ranchos Water Company, et al., Court of Appeal Case No. E078348; and Town of Apple Valley v. Apple Valley Ranchos Water et al., California Supreme Court Case No. S289391.

B. PUBLIC EMPLOYEE APPOINTMENT
Title: Town Manager (Process)
C. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor, Town Attorney, or designee Unrepresented employee: Town Manager

12. Adjournment
Recommended Motion:

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

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TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS

CITIZEN ADVISORY COMMITTEES

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

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

TRAFFIC ADVISORY COMMITTEE (TAC)
Mayor Nassif
Meets as needed.

Town Council Chambers

TOWN PERSONNEL COMMITTEE
Mayor Nassif
Council Member Bishop
Meets as needed

PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Mayor Pro-Tem Emick

AD HOC COMMITTEES

APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif

VILLAGE MERCHANTS AD HOC COMMITTEE
Mayor Pro-Tem Emick

SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA

AD-HOC COMMITTEE
Council Member Bishop
Council Member Leon

AGENCY - BOARDS/COMMITTEES &

COMMISSIONS

CALIFORNIA JOINT POWERS INSURANCE

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

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

MOJAVE DESERT AIR QUALITY MANAGEMENT

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

MOJAVE DESERT AND MOUNTAIN RECYCLING

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

SAN BERNARDINO COUNTY TRANSPORTATION

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

San Bernardino

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

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

VICTOR VALLEY ECONOMIC DEVELOPMENT

AUTHORITY (VVEDA)
(George Air Force Base Reuse Task Force)
Mayor Pro-Tem Emick – Commissioner
Council Member Bishop – Alternate
Meets as needed, SCLA

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

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VICTOR VALLEY WASTEWATER RECLAMATION

AUTHORITY (VVWRA)
Mayor Nassif – Commissioner
Council Member Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.

VVWRA Offices

GREATER HIGH DESERT CHAMBERS

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

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Town Council Agenda Report
Date: August 26, 2025
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES

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

RECOMMENDED ACTION
That the Town Council approve the subject minutes as part of the consent agenda.

SUMMARY:

A. Regular Meeting, August 12, 2025

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Apple Valley Town Council

MINUTES
August 12, 2025, 6:30 p.m.

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

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

2. Opening Ceremonies

2.1 Invocation
Pastor Green with Way of the Cross Hesperia

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

2.3 Presentations
A. "little locals: BIG NEWS!" Sara Krieg Public Information Officer, Public Information Office
B. "Burrtec School Activity Packet" Pamela Quick, Special Projects Manager, Municipal Services Department
C. "Flood Control Improvements, Desert Knolls Wash" Dakota Higgins, Deputy Chief of Staff Col. Paul Cook Office

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TC MINUTES AUGUST 12, 2025
2 3. Public Comments
Marcie Taylor, Apple Valley, congratulated Isabelle Villa for her nomination as sportsman of the year in the Daily Press. Ms. Taylor spoke about events she and the Heritage Museum attended as well as upcoming events.

Brandy Moreno, Apple Valley, thanked Council and staff for their work on construction of the roadways in Apple Valley, and asked Council as well as staff if they can inspect and replace street signs that are faded.

David Green, Apple Valley, spoke about their project involving the installation of solar panels on mobile homes, which needs support of the Town to meet State obligations and regulations.

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

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

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

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

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

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

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

5. Town Council Announcements

5.1 Suggested items for next Agenda
Council Member Bishop asked staff to bring back an item to discuss improvements to the landscaping of Highway 18, and Apple Valley Road.

Council Member Cusack asked for staff to bring back an item concerning labels for historical items and how places in Apple Valley are named.

Council Member Leon asked for staff to bring back an item concerning the color of street signs.

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TC MINUTES AUGUST 12, 2025
3 5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - August 26, 2025 - Council Chambers Regular Session at 6:30pm

6. Town Council Consent Agenda
Council Member Cusack has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Apple Valley Communications or AVCOM Services for the Town of Apple Valley as the owner of these businesses.

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

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

Council Member Bishop asked questions regarding Agenda Item 6.9 on the consent calendar.

Olympia (No last name given), Apple Valley, spoke about her concerns with the Chip Seal Project item as well as the item concerning the Bear Valley Road Bridge.

Richard Pedersen, Town Engineer, answered questions of council concerning the Award Chip Seal 2025 Project item.

Motion by: Mayor Pro Tem Emick
Seconded by: Council Member Bishop
To approve the Consent Calendar items numbered 6.1 to 6.10 as recommended.

Yes (5): Mayor Nassif, Mayor Pro Tem Emick, Council Member Bishop, Council Member Cusack, and Council Member Leon (Council Member Cusack abstained from voting on Agenda Item 6.2).

Carried (5 to 0)

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

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TC MINUTES AUGUST 12, 2025
4 6.2 JULY 2025 COMMERCIAL WARRANTS AND WIRE TRANSFER

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

6.3 JULY 2025 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

6.4 APPROVE APPLE VALLEY CHOICE ENERGY’S RESIDENTIAL PEAK

DEMAND RESPONSE INCENTIVE PROGRAM
That the Town Council approve the Apple Valley Choice Energy Residential Peak Demand Response Incentive Program and authorize the Town Manager, or his designees, to negotiate and execute program contracts and policies, if applicable, on behalf of the Town with concurrence from the Town Attorney.

6.5 APPLE VALLEY CHOICE ENERGY 2024 POWER SOURCE

DISCLOSURE ATTESTATION
Provide the attestation specified under California’s Power Source Disclosure (PSD) Program, which requires the governing council of a public agency providing retail electric service to endorse the accuracy of the annual report, as submitted to the California Energy Commission, for the previous year. In the case of Apple Valley Choice Energy (AVCE), such attestation will be based on the California Choice Energy Authority’s (CalChoice) technical review and will address the 2024 Annual Report prepared for the AVCE community choice aggregation (CCA) program.

6.6 APPROVE PURCHASE OF RAPIDVIEW IBAK 1640' 4K/HD MAINLINE

CCTV INSPECTION SYSTEM FORD TRANSIT VANWAGON XL
Approve the purchase of a new RapidView IBAK 1640’ 4K/HD Mainline CCTV Inspection System mounted in a Ford Transit VanWagon XL from Municipal Maintenance Equipment for $331,892.05.

6.7 SEWER IMPROVEMENT REIMBURSEMENT AGREEMENT DUKES

SVL, LLC
That the Town Council:

A. Authorize the Town Manager to execute an agreement with Dukes SVL, LLC for built-in excess capacity in a sewer main line

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TC MINUTES AUGUST 12, 2025
5 extension from the subject property located at 20091 Bear Valley Road, Apple Valley, CA 92308; and
B. Authorize Town Manager to reimburse Dukes SVL, LLC for said excess capacity from the Wastewater Development Impact Fees, fund balance; account 47705032-750100

6.8 ACCEPT GRANT AWARD FROM THE FISCAL YEAR 2024 EDWARD

BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
Accept grant award from the Fiscal Year 2024 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $26,793 and authorize the Town Manager to execute award Agreements.

6.9 AWARD CHIP SEAL 2025 PROJECT
That the Town Council:

A. Review and approve the bid documents for the Chip Seal 2025 Project;
B. Award a contract to American Pavement Systems, Inc. in the amount of $3,169,000.00, for the Chip Seal 2025 Project and a 10% contingency of $316,900.00, for a total amount not to exceed $3,485,900.00, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6.10 BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER PROJECT
AMENDMENT NO. 1 TO PROJECT FUNDING AGREEMENT NO. 22-
1002754
That the Town Council approve Amendment No. 1 to Project Funding Agreement No. 22-1002754 with San Bernardino County Transportation Authority for Bear Valley Road Bridge over Mojave River Project, subject to approval as to form by the Town Attorney and as to content by the Town Manager.

7. Public Hearings

7.1 ADOPT THE FIRE SUPPRESSION FACILITIES DEVELOPMENT

IMPACT FEE NEXUS STUDY AND APPROVE INCREASES IN THE

FIRE SUPPRESSION FACILITIES, VEHICLES, AND EQUIPMENT

DEVELOPMENT IMPACT FEES ON BEHALF OF THE APPLE VALLEY

FIRE PROTECTION DISTRICT
That the Town Council:

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TC MINUTES AUGUST 12, 2025
6 A. Find, for purposes of compliance with the California Environmental Quality Act (“CEQA”) the Town Council has determined that the activity is not a “project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Additionally, pursuant to Section 15378(b)(4) of the State CEQA Guidelines, the activity is not a project subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Therefore, no environmental review is required.

B. Hold a noticed consolidated public hearing and receive public testimony; and
C. Consider the approval of a resolution entitled: A Resolution of the Town Council of the Town of Apple Valley, California, Adopting a Development Impact Fee Update Study, the Findings Contained Therein, and Increasing the Amount of Development Impact Fees to Finance Fire Suppression Facilities, Vehicles, and Equipment and Taking Certain Other Actions Related Thereto.

Mayor Nassif opened the Public Hearing at 6:44 p.m.

James Peratt, Fire Chief, Apple Valley Fire Protection District, presented the staff report as submitted to the Town Clerk’s Office.

Gregory Brown, RCS Consulting, presented the Nexus study used to create the impact fees.

Council Member Cusack, asked about spreading the Development Impact Fees (DIF) between both the county and Town residents.

Chief Peratt informed the Council that they are looking to put together a Nexus study and DIF increase to County residents, but that will be in the future.

Discussion ensued about the insurance rating for the Town and how it relates to Fire Department resources and response time.

Matthew Rutledge, Apple Valley, questioned the implication of raising the DIF for service coverage.

There being no additional requests to speak, Mayor Nassif closed the Public Hearing at 8:40 p.m.

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TC MINUTES AUGUST 12, 2025
7 Motion by: Council Member Bishop
Seconded by: Council Member Leon
A. Find, for purposes of compliance with the California Environmental Quality Act (“CEQA”) the Town Council has determined that the activity is not a “project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Additionally, pursuant to Section 15378(b)(4) of the State CEQA Guidelines, the activity is not a project subject to CEQA.

Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the CEQA Guidelines. Therefore, no environmental review is required.

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

8. Business of the Council

8.1 ADOPT 2025-2026 MEASURE I FIVE (5) YEAR PLAN
That the Town Council:

A. Approve Fiscal Year 2025/26—2029/30 Measure I Five (5) Year Plan
B. Adopt Resolution No. 2025-25 A Resolution Adopting the Measure I Five (5) Year Capital Improvement Program
Richard Berger, Project Manager, presented the staff report as filed with the Town Clerk's office.

Discussion ensued regarding the funding for the Measure I projects.

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TC MINUTES AUGUST 12, 2025
8 Motion by: Council Member Cusack
Seconded by: Council Member Leon
A. Approve Fiscal Year 2025/26—2029/30 Measure I Five (5) Year Plan
B. Adopt Resolution No. 2025-25 A Resolution Adopting the Measure I Five (5) Year Capital Improvement Program
Yes (5): Mayor Nassif, Mayor Pro Tem Emick, Council Member Bishop, Council Member Cusack, and Council Member Leon
Carried (5 to 0)

8.2 TOWN PAVEMENT MANAGEMENT PROGRAM
Have presentation given by staff and provide direction.

Richard Pedersen, Town Engineer, presented the staff report as filed with the Town Clerk's office.

Discussion ensued regarding the chip seal that the Town is currently using and the cost of certain pavements as well as how long different types of repaving will last.

Ted Bohanon, Apple Valley, spoke about his concerns with the striping and the deterioration of the roads in Apple Valley.

This was a receive and file item only. There was no action taken.

8.3 SELECTION OF TOWN COUNCIL VOTING DELEGATE AND VOTING ALTERNATES TO THE LEAGUE OF CALIFORNIA CITIES’ 2025

ANNUAL CONFERENCE
Nominate one Council Member as voting delegate and two (2) Council Members as voting alternates representing the Town of Apple Valley at the League of California Cities’ 2025 Annual Conference.

Motion by: Mayor Nassif
Seconded by: Council Member Leon
Council Member Art Bishop nominated as voting member and Mayor Scott Nassif as alternate, for the upcoming League of California Cities General Meeting.

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TC MINUTES AUGUST 12, 2025
9 Yes (5): Mayor Nassif, Mayor Pro Tem Emick, Council Member Bishop, Council Member Cusack, and Council Member Leon
Carried (5 to 0)

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Douglas Robertson, Town Manager, commented on upcoming events at the Town of Apple Valley, as well as a brief update on the Town of Apple Valley Department of Animal Services.

11. Closed Session
None.

12. Adjournment
Motion by: Council Member Cusack
Seconded by: Mayor Pro Tem Emick
To adjourn the meeting of the Apple Valley Town Council at 10:02 p.m.

Carried
__________________________
Mayor, Scott Nassif
______________________________
Assistant Town Clerk, Kiel Mangerino

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Town Council Agenda Report
Date: August 26, 2025
To: Honorable Mayor and Town Council
Subject: FEE WAIVER FOR THE CHURCH FOR WHOSOEVER

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

RECOMMENDED ACTION
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the rental fees in the amount of $210.00.

SUMMARY
The Church for Whosoever is requesting use of James Woody’s shade structure and auditorium on September 6, 2025, in order to provide food, clothing, haircuts, bikes and Bibles to the community. The organization will still be required to provide a Certificate of Insurance, Security Deposit, and submit a completed Facility Use Agreement for approval through the Park & Recreation Department.

BACKGROUND
On August 14, 2001, the Town Council adopted a policy stating fees can be administratively waived for a local public agency, a utility company or service district, or a similar entity providing an essential service to the general community, whereas non-profit requests for fee waivers must go before the Town Council for consideration.

FISCAL IMPACT
Although there is not an ongoing demand that is displaced with the request on this particular day, the waiving of these fees will result in the loss of potential revenue in the amount of $210.00.

ATTACHMENTS
A. Fee Waiver request from The Church for Whosoever.

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Town Council Agenda Report
Date: August 26, 2025
To: Honorable Mayor and Town Council
Subject: APPROVAL OF ADDENDUM NUMBER TWO (2) TO THE JOINT USE

AGREEMENT WITH THE APPLE VALLEY UNIFIED SCHOOL

DISTRICT TO COMPLY WITH UPDATED EDUCATION CODE

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

RECOMMENDED ACTION
Approve the addendum to the Joint Use Agreement with the Apple Valley Unified School District. The addendum updates procedures requiring the Town to notify the District by the next working day of any health or safety concerns, criminal matters involving staff, or building safety issues. It also reflects an increase in program fees to account for rising operational costs set forth in the original Joint Use Agreement.

BACKGROUND
The Town of Apple Valley and the Apple Valley Unified School District (AVUSD) have maintained a Joint Use Agreement since December 23, 2009, for the operation of the Town’s After School Activities Program during the school year and the Day Camp program during designated school breaks.

The addendum, dated August 6, 2025, includes revisions to ensure compliance with applicable provisions of the California Education Code and to reflect updated reimbursement rates for program operations. The addendum requires the Town to notify AVUSD by the next working day of any health-or safety-related issues, including matters related to criminal background clearances for employees, building safety concerns, and other reportable events under Education Code section 8483.4(b). A written report must follow within seven days of the occurrence. It also requires AVUSD to ensure that the Town requests pupil health information from parents or guardians before enrollment, including whether a pupil has allergies or asthma, pursuant to Education Code section 8483.4(d).

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FISCAL IMPACT
The fiscal impact associated with implementing the updated notification procedures required under Education Code Sections 8483.4(b) and 8483.4(d) will be covered within the established program fees. The addendum reflects updated reimbursement rates for the After School Activities and Day Camp programs. Costs for these programs are fully reimbursed by AVUSD under the terms of the Joint Use Agreement.

ATTACHMENTS
A. Addendum Number 2 to Joint Use Agreement (August 6, 2025) B. Addendum Number 1 to Joint Use Agreement (November 29, 2023) C. Joint Use Agreement (December 23, 2009)

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JOINT USE AGREEMENT

THE TOWN OF APPLE VALLEY
AND

APPLE VALLEY UNIFIED SCHOOL DISTRICT
Addendum 2
August 6, 2025
The following changes and additions set forth in this Addendum shall become a part of the Joint Use Agreement dated December 23, 2009 (“JUA”), between the Town of Apple Valley, hereinafter called TOWN, and the Apple Valley Unified School District, hereinafter called DISTRICT, for the purposes of operating the Town’s After School Activities Program on all school days, and the Day Camp program during designated intersessional periods: Fall Break (5), Winter Break (5), Spring Break (5), and Summer Break (20) for a total of 35 Day Camp days.

1. TOWN COMPENSATION
The Town will invoice the District quarterly, on the last business day, of March, June, September, and December. The District will provide payment to the Town for each registered participant, in the amounts listed below:
 After School Activities Program:
$60 per student, per week
 Day Camp:

Full-Time: $145 per student, per week
Part-Time: $90 per student, per week
3 Days/Week: $95 per student, per week
Each subsequent school year the payment shall be automatically adjusted by a percentage amount equal to or less than the change in the cost of living index. For purposes of this agreement, the Riverside-San Bernardino-Ontario, CA Consumer Price Index for Urban Wage Earners and Clerical Workers will be used each April to determine the cost of living percentage for the previous twelve months.

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2. ADDITIONS
If the DISTRICT contracted with the TOWN to operate a program, verify the DISTRICT complied with the following:
a. The contract required the TOWN to notify the DISTRICT by the next working day following, and to submit a written report within seven days of, the occurrence of any healthor safety-related issues, including, but not limited to, issues involving criminal background clearances for employees, building safety, and any event specified in subdivision (c) pursuant to Education Code section 8483.4(b).
b. The DISTRICT required the TOWN to request from parents or guardians pupil health information, such as whether a pupil has allergies or asthma, before pupil enrollment pursuant to Education Code section 8483.4(d).

OTHER PROVISIONS
Except as modified by this Addendum, all other provisions of JUA shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this addendum as of this ___ day of __________, 2025
Apple Valley Unified School District Town of Apple Valley ______________________________ _________________________________ Trenae Nelson, Superintendent Doug Robertson, Town Manager

Date of AVUSD Board Approval ATTEST:

Ms. La Vonda M-Pearson, Town Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
_________________________________
Thomas Rice, Town Attorney

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JOINT USE AGREEMENT

THE TOWN OF APPLE VALLEY
AND

APPLE VALLEY UNIFIED SCHOOL DISTRICT
Addendum 1
November 29, 2023
The following changes and additions set forth in this Addendum shall become a part of the Joint Use Agreement dated December 23, 2009 (“JUA”), between the Town of Apple Valley, hereinafter called TOWN, and the Apple Valley Unified School District, hereinafter called DISTRICT, for the purposes of operating the Town’s After School Activities Program on all school days, and the Day Camp program during designated intersessional periods: Fall Break (5), Winter Break (5), Spring Break (5), and Summer Break (20) for a total of 35 Day Camp days

1. ADDITIONAL FACILITIES COVERED
This Addendum adds the use of assigned School District Classrooms. Classrooms or other on-campus space for TOWN programs will be selected by the DISTRICT. As such, DISTRICT retains full ownership and responsibility for the maintenance of the buildings or spaces used in TOWN programs.

2. ADDITIONS

STUDENT REGISTRATION
Prior to program registration, the Town will ensure that all participants are enrolled in the District in the current school year, through the use of the student-provided Student Data Printout. The Town will not collect payments from District enrolled students.

The Town will coordinate all program registrations, and keep records of all registrations, attendance, and Student Data Printouts, to be provided to the District quarterly along with invoices, and when otherwise requested.

TOWN RESPONSIBILITIES
The TOWN is responsible for the provision of qualified staff to operate the programs. Staff must adhere to TOWN policy and regulations for employment. In addition, TOWN will endeavor to coordinate program operation to comply with the needs of the DISTRICT administration on each site where programs operate if they are DISTRICT facilities.

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TOWN COMPENSATION
The Town will invoice the District quarterly, on the last business day, of March, June, September, and December. The District will provide payment to the Town for each registered participant, in the amounts listed below.

After School Activities Program:
$55 per student, per week.

Day Camp:

Full-Time: $139 per student, per week
Part-Time: $86 per student, per week
3 Days/Week: $91 per student, per week
Each subsequent school year the payment shall be automatically adjusted by a percentage amount equal to or less than the change in the cost of living index. For purposes of this agreement, the Riverside-San Bernardino-Ontario, CA Consumer Price Index for Urban Wage Earners and Clerical Workers will be used each April to determine the cost of living percentage for the previous twelve months.

3. OTHER PROVISIONS
Except as modified by this Addendum, all other provision of JUA shall remain in full force and effect.

IN WITNESS WHEREOF, The parties hereto have executed this addendum as of this day of , 2023
Apple Valley Unified School District Town of Apple Valley Trenae Nelson, Superintendent Doug Robertson, Town Manager Date of AVUSD Board Approval ATTEST
La Vonda M. Pearson, Town Clerk

APPROVED AS TO FORM

BEST BEST & KRIEGER
Thomas Rice, Town Attorney

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Town Council Agenda Report
Date: August 26, 2025
To: Honorable Mayor and Town Council
Subject: AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT C25-07 From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, HCD Supervisor & Special Projects Manager Housing and Community Development Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a contract to J. Allison Construction, for the Residential Rehabilitation Loan Program applicant C25-07, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

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

Applicant C25-07 applied for the Residential Rehabilitation Loan Program (RRLP) on October 23, 2024, and was approved on February 11, 2025. In accordance with program regulations, a procurement process is required, and a job walk was conducted on July 24, 2025, with two (2) qualified contractors present.

On July 31, 2025, staff received two (2) complete bids. The bid results were as follows:

Contractor Base Bid Price

1. J. Allison Construction $40,744.84

2. Avilez Construction Inc. $40,734.84

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

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

58.35(a). The home was subject to environmental testing with positive traces of mold.

The remediation of mold has will be included in the scope of work.

The project is further exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15301 (Existing Facilities), which consists, in part, of the repair of existing public or private structures involving negligible or no expansion of existing or former use. This includes rehabilitation of deteriorated structures to meet current standards of public health and safety, like the project focuses on here. Lastly, none of the exceptions found in State CEQA Guidelines 15300.2 exist here.

ANALYSIS
The work write-up which contains the scope of work was prepared by Charles Abbott and Associates (CAA). Staff reviewed the submitted bid submissions for completeness and considers J. Allison Construction to a qualified, responsible and responsive bidder. Due to the close proximity of the bids and their alignment with the allowable variance outlined in the Town’s Residential Rehabilitation Loan Program Policies and Procedures, the homeowner has elected to proceed with John Allison Construction.

The Town offers Residential Rehabilitation Loans up to $75,000. However, to meet Housing Quality Standards under the HOME program, or for unforeseen circumstances (direct and indirect) health and safety items must be addressed. If funded under the CDBG program, staff can eliminate non-emergency or non-health and safety items from the bid list to stay within the program loan amount of $75,000. A 10% contingency will be set aside initially. However, the amount may increase or decrease by the contingency amount or excess, if approved by program manager, and the final loan amount will be determined at the end of the project and after all final inspections have been completed.

FISCAL IMPACT
Funding for this project has been appropriated in the 2025-2026 program-year budget using the Community Development Block Grant Funding.

ATTACHMENTS
A. Construction Contract C25-07 – J. Allison Construction

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TOWN OF APPLE VALLEY

OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM

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

C25-07 J. Allison Construction
Owner Contractor
C25-07 14133 Americana Way.

Property Address Contractor Address
Apple Valley, CA 92308 Victorville, CA 92394
City, State and Zip Code City, State and Zip Code

26 day of August 2025

1. General Scope of Work. Contractor shall furnish all necessary labor, tools, materials, fixtures, and equipment and complete the work concerning the property located at C25-07-, Apple Valley, CA 92308 in accordance with the work write-up with bid prices referenced as Attachment “A” (TBD) of this Contract.

Owner agrees to the scope of work identified in Attachment “A” and agrees that all loan funds received from the Town of Apple Valley (“Town”) shall be used solely for the purpose of completing items identified in Attachment “A”. Change Orders will not be accepted without prior written approval from Town Staff.

2. Payment of CDBG and HOME Funds. The Contractor shall be paid, for performance, the total sum of Forty Thousand Seven Hundred Forty-four and 84/100 Dollars ($40,744.84). A maximum of three progress payments will be made that will include any amounts due under the Contract. Contractor's final request, which includes the 5% retention, and remaining contract amount must include a signed building inspection card, if a permit was required, and signed labor and materials' lien releases. The contractor agrees that the work shall be completed free from any and all liens and claims of artisans, materials, suppliers, subcontractors, laborers and any other party. Once the Contractor submits final inspection request, the Construction Manager will schedule a final inspection to ensure the work has been completed per the Scope of Work and meets all applicable Building Codes. The Construction Disbursement Form will be signed by the Construction Manager, Project Mangers, Contractor, Homeowner(s) and Program Director. All payments are subject to a “Net 60” payment window.

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

The projected final completion date is: 11/1/2025

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

Contractor shall perform all services required herein as an independent contractor and shall remain at all

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times as to Town a wholly independent contractor with such obligations as are consistent with that role.

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

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

6. Plans, Specifications and Permits. The Project will be constructed according to the Work Write-Up that was examined by Contractor prior to submitting a bid thereon and approved by Owner. Contractor shall obtain and pay for all building permits and licenses required to complete the work. Any drawings or sketches which may be attached to or furnished with the Work Write- Up are intended to clarify or further describe the job. Because of the nature of work being done, some details of sketches or drawings may be “typical” and grades, dimensions and exact existing conditions may need to be verified at the job site. Unless specifically noted, all construction methods and materials used shall conform to the requirements of the Uniform Building Code as adopted by the Town. Any work done by the Contractor that is not in conformity with the Work Write-Up or applicable building codes shall be immediately repaired by Contractor, including the cost of labor, material and supplies prior to final payment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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cease construction.

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

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

21. Insurance. Contractor warrants that Contractor has obtained all insurance required. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the subcontractor has been obtained. Contractor agrees to maintain and provide evidence of the following policies of insurance at all times during the life of this contract:
a. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to employees and provide certification that the contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code; Contractor to comply with such provisions before commencing the performance of work of this contract. b. Comprehensive General Liability. Every contractor shall secure a comprehensive general liability policy with a one million dollars ($1,000,000) per occurrence combined single limit coverage which includes bodily injury, property damage, and contract liability. Such insurance shall be primary and non-contributing and shall apply separately to each insured against who a claim is made or suit is brought, except with respect to the insurance company’s standard limits of liability. Each such policy of insurance provided for shall be issued by an insurance company, which is qualified to do business in the State of California.

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

22. Contractor's Liability. Owner shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees or Contractor or subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of Owner or independent contractors who are directly responsible for the same, and in connection therewith:

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

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

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

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

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

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

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

To Owner(s): C25-07 To Town: Town of Apple Valley
C25-07 14955 Dale Evans Parkway
Apple Valley, CA 92308 Apple Valley, CA 92307
Attn: Silvia Urenda
To
Contractor:

J. Allison Construction
14133 Americana Way
Victorville, CA 92394

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

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

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three (3) original copies on the day and year first above written (Copy to Owner, Copy to Contractor, Copy to Program Manager). "CONTRACTOR"
State of California Contractor's License Number: #302944 Contractor's Business Phone Number: 760-559-9784
By:

John Allison- Owner
J. Allison Construction

TOWN OF APPLE VALLEY HOMEOWNER
By: By:

Scott Nassif, Mayor Owner’s Signature:

ATTEST:

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

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

BEST BEST & KRIEGER LLP
Thomas Rice, Town Attorney

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Town Council Agenda Report
Date: August 26, 2025
To: Honorable Mayor and Town Council
Subject: AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT C25-06 From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, HCD Supervisor and Special Projects Manager Housing and Community Development Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a contract to Robert Scott Lawrence, for the Residential Rehabilitation Loan Program Applicant C25-06, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

Applicant C25-06 applied for the Residential Rehabilitation Loan Program (RRLP) on March 25, 2025, and approved on May 3, 2025. In accordance with program regulations, a procurement process is required, and a job walk was conducted on July 23, 2025, with two (2) qualified contractors present.

On July 30, 2025, staff received two (2) complete bids. The bid results were as follows:

Contractor Base Bid Price

1. Robert Scott Lawerence $42,722.50

2. Avilez Construction Inc. $51,588.50

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

58.35(a).

FISCAL IMPACT
Funding for this project has been appropriated in the 2025-2026 program-year budget using the Community Development Block Grant Funding.

ATTACHMENTS
A. Construction Contract C25-06 - Robert Scott Lawrence

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TOWN OF APPLE VALLEY

OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM

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

C25-06 Robert Scott Lawrence
Owner Contractor
C25-06 10218 Barada Rd.

Property Address Contractor Address
Apple Valley, CA 92307 Oak Hills, Ca 92344
City, State and Zip Code City, State and Zip Code

26 day of August 2025

1. General Scope of Work. Contractor shall furnish all necessary labor, tools, materials, fixtures, and equipment and complete the work concerning the property located at C25-06-, Apple Valley, CA 92307 in accordance with the work write-up with bid prices referenced as Attachment “A” (TBD) of this Contract.

2. Payment of CDBG and HOME Funds. The Contractor shall be paid, for performance, the total sum of Forty-Two Thousand, Seven Hundred Twenty-Two and 50/100 Dollars ($42,722.50). A maximum of three progress payments will be made that will include any amounts due under the Contract. Contractor's final request, which includes the 5% retention, and remaining contract amount must include a signed building inspection card, if a permit was required, and signed labor and materials' lien releases. The contractor agrees that the work shall be completed free from any and all liens and claims of artisans, materials, suppliers, subcontractors, laborers and any other party. Once the Contractor submits final inspection request, the Construction Manager will schedule a final inspection to ensure the work has been completed per the Scope of Work and meets all applicable Building Codes. The Construction Disbursement Form will be signed by the Construction Manager, Project Mangers, Contractor, Homeowner(s) and Program Director. All payments are subject to a “Net 60” payment window.

The projected final completion date is: 11/1/2025

Contractor shall perform all services required herein as an independent contractor and shall remain at all

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times as to Town a wholly independent contractor with such obligations as are consistent with that role.

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

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

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

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

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cease construction.

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

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To Owner(s): C25-06 To Town: Town of Apple Valley
C25-06 14955 Dale Evans Parkway
Apple Valley, CA 92307 Apple Valley, CA 92307
Attn: Silvia Urenda
To
Contractor:

Robert Scott Lawrence
10218 Barada Rd.

Oak Hills, CA 92344

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three (3) original copies on the day and year first above written (Copy to Owner, Copy to Contractor, Copy to Program Manager). "CONTRACTOR"
State of California Contractor's License Number: #542306 Contractor's Business Phone Number: 909-228-0107
By:

Robert Lawrence- Owner
Robert Scott Lawrence

TOWN OF APPLE VALLEY HOMEOWNER
By: By:

Scott Nassif, Mayor Owner’s Signature:

ATTEST:

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

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

BEST BEST & KRIEGER LLP
Thomas Rice, Town Attorney

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Town Council Agenda Report
Date: August 26, 2025
To: Honorable Mayor and Town Council
Subject: AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT H25-07

From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, HCD Supervisor & Special Projects Manager Housing and Community Development Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a contract to J. Allison Construction, for the Residential Rehabilitation Loan Program applicant H25-07, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

Applicant H25-07 applied for the Residential Rehabilitation Loan Program (RRLP) on April 7, 2025, and approved on May 12, 2025. In accordance with program regulations, a procurement process is required, and a job walk was conducted on July 21, 2025, with four (4) qualified contractors present.

On July 28, 2025, staff received four (4) complete bids. The bid results were as follows:

Contractor Base Bid Price

1. J. Allison Construction $57,677.50

2. Avilez Construction $69,068.50

3. Musij Construction LLC $65,127.50

4. Sicilianos Construction $60,657.50

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

58.35(a).

The Town offers Residential Rehabilitation Loans up to $75,000. However, to meet Housing Quality Standards under the HOME program, or for unforeseen circumstances (direct and indirect) health and safety items must be addressed. If funded under the CDBG program, staff can eliminate non-emergency or non-health and safety items from the bid list to stay within the program loan amount of $75,000. A 10% contingency will be set aside initially. However, the amount may increase or decrease by the contingency amount or excess, if approved by the program manager, and the final loan amount will be determined at the end of the project and after all final inspections have been completed.

FISCAL IMPACT
Funding for this project has been appropriated in the 2025-2026 program-year budget using the HOME Investment Partnership Grant.

ATTACHMENTS
A. Construction Contract H25-07 – J. Allison Construction

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TOWN OF APPLE VALLEY

OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM

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

H25-07 J. Allison Construction
Owner Contractor
H25-07 14133 Americana Way
Property Address Contractor Address
Apple Valley, CA 92308 Victorville, Ca 92394
City, State and Zip Code City, State and Zip Code

26 day of August 2025

1. General Scope of Work. Contractor shall furnish all necessary labor, tools, materials, fixtures, and equipment and complete the work concerning the property located at H25-07, Apple Valley, CA 92307 in accordance with the work write-up with bid prices referenced as Attachment “A” (TBD) of this Contract.

2. Payment of CDBG and HOME Funds. The Contractor shall be paid, for performance, the total sum of FiftySeven Thousand, Six Hundred Seventy-seven and 50/100 Dollars ($57,677.50). A maximum of three progress payments will be made that will include any amounts due under the Contract. Contractor's final request, which includes the 5% retention, and remaining contract amount must include a signed building inspection card, if a permit was required, and signed labor and materials' lien releases. The contractor agrees that the work shall be completed free from any and all liens and claims of artisans, materials, suppliers, subcontractors, laborers and any other party. Once the Contractor submits final inspection request, the Construction Manager will schedule a final inspection to ensure the work has been completed per the Scope of Work and meets all applicable Building Codes. The Construction Disbursement Form will be signed by the Construction Manager, Project Mangers, Contractor, Homeowner(s) and Program Director.

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

The projected final completion date is: 11/1/2025

Contractor shall perform all services required herein as an independent contractor and shall remain at all

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times as to Town a wholly independent contractor with such obligations as are consistent with that role.

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

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

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

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

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cease construction.

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

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To Owner(s): H25-07 To Town: Town of Apple Valley
H25-07 14955 Dale Evans Parkway
Apple Valley, CA 92308 Apple Valley, CA 92307
Attn: Silvia Urenda
To
Contractor:

J. Allison Construction
14133 Americana Way
Victorville, CA 92394

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John Allison- Owner
J. Allison Construction

TOWN OF APPLE VALLEY HOMEOWNER
By: By:

Scott Nassif, Mayor Owner’s Signature:

ATTEST:

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

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

BEST BEST & KRIEGER LLP
Thomas Rice, Town Attorney

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Town Council Agenda Report
Date: August 26, 2025
To: Honorable Mayor and Town Council
Subject: ACCEPT THE FINAL PARCEL MAP NO. 20736
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Move to accept the final Parcel Map No. 20736 for applicant Martin and Maria Aguilera.

BACKGROUND
The applicant has complied with all conditions of approval placed on Tentative Parcel Map No. 20736. This request is to subdivide approximaelty 6 acres into two (2) parcels.

The site is located at the northwest corner of Huasna and Ta-Wan-Ka Roads. The Planning Commission reviewed and approved the Tentative Parcel Map on February 7, 2024.

FISCAL IMPACT
The applicant has paid all required fees.

ATTACHMENTS
A. Location Map
B. Parcel Map 20736
C. Condtions of Approval

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I HEREBY STATE THAT I HAVE EXAMINED THE MAP ENTITLED PARCEL MAP NO. 20736 AND THAT I AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT.

TOWN SURVEYOR'S STATEMENT

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

DATE:

MY COMMISSION EXPIRES:

MY COMMISSION NO.

IN COUNTY

MY PRINCIPAL PLACE OF BUSINESS IS
THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

STATE OF CALIFORNIA )
)SS

COUNTY OF )

ON BEFORE ME, , A NOTARY PUBLIC, PERSONALLY

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

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

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

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

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

WITNESS MY HAND AND OFFICIAL SEAL

PRINT NAME

SIGNATURE

NOTARY ACKNOWLEDGEMENT

TOWN CLERK, TOWN OF APPLE VALLEY
SHEET 1 OF 2 SHEETS

MARTIN AGUILERA, TRUSTEE

WE HEREBY STATE THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN THE

LAND SUBDIVIDED AS SHOWN ON THE ANNEXED MAP AND WE CONSENT TO THE PREPARATION AND RECORDATION OF THIS PARCEL MAP. WE HEREBY IRREVOCABLY OFFER TO DEDICATE TO THE TOWN OF

APPLE VALLEY, THE PUBLIC IN GENERAL, AND TO ANY OF THE SEVERAL PUBLIC UTILITY COMPANIES WHICH

ARE AUTHORIZED TO SERVE IN SAID SUBDIVISION, AN EASEMENT FOR PUBLIC ROADS, AND PUBLIC UTILITY

PURPOSES IN, UNDER, OVER, THROUGH, AND ACROSS HUASNA ROAD AND TA-WAN-KA ROAD, AS SHOWN ON THIS MAP. THE EXPRESSED RIGHTS TO THE PUBLIC IN GENERAL AND TO THE SEVERAL UTILITY COMPANIES SHALL BE AND SHALL REMAIN INFERIOR TO THE SUPERIOR RIGHTS OF THE TOWN OF APPLE VALLEY.

MARTIN AGUILERA AND MARIA A. AGUILERA, TRUSTEES OF THE AGUILERA FAMILY REVOCABLE LIVING TRUST DATED FEBRUARY 9, 2022

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

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF MARTIN AGUILERA IN SEPTEMBER, 2024. ALL MONUMENTS SHOWN HEREON ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED. I HEREBY STATE THAT ALL THE MONUMENTS ARE

OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, AND THAT THE MONUMENTS ARE

SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY.

DAVID B. WARREN, L.S. 8244

SURVEYOR'S STATEMENT

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

LA VONDA MURPHY-PEARSON

TOWN COUNCIL'S ACCEPTANCE CERTIFICATE
RICHARD H. PEDERSEN, RCE 46087

TOWN ENGINEER, TOWN OF APPLE VALLEY

TOWN ENGINEER'S STATEMENT
DATED:

DATE:

I HEREBY STATE THAT THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, BY A MOTION DULY SECOND AND PASSED, APPROVED THE ATTACHED PARCEL MAP NO. 20736 ON THE DAY OF , 2025 AND ACCEPTED ON BEHALF OF THE TOWN OF APPLE VALLEY THE DEDICATION FOR STREET PURPOSES HUASNA ROAD AND TA-WAN-KA ROAD.

OWNER'S STATEMENT

COUNTY OF SAN BERNARDINO

ASSESSOR - RECORDER

JOSIE GONZALES

DEPUTY RECORDER
BY:

THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER
THIS DAY OF , 20 , AT .M. IN

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

IA
NR FO

OF CALI
ETATS
No. 8244
DAVID B. WARREN

ROYEV UR
LAND S

DESNE IC
L
I HEREBY STATE THAT I HAVE EXAMINED THE ENTITLED PARCEL MAP NO. 20736, THAT THE SUBDIVISION IS

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

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

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

BOARD OF SUPERVISOR'S CERTIFICATE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN EXECUTED AND FILED

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

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

COLLECTED AS TAXES, WHICH AT THE TIME OF THE FILING OF THIS MAP WITH THE SAN BERNARDINO

COUNTY ASSESSOR-RECORDER-COUNTY CLERK ARE A LIEN AGAINST SAID PROPERTY, BUT NOT YET PAYABLE; AND THAT THE SUBDIVIDER HAS FILED WITH ME A CERTIFICATE BY THE PROPER OFFICER GIVING HIS ESTIMATE OF THE AMOUNT OF SAID TAXES AND SPECIAL ASSESSMENTS; AND SAID BOND IS HEREBY ACCEPTED.

SAN BERNARDINO COUNTY

CLERK OF THE BOARD OF SUPERVISORS

LYNNA MONELL
DATE:

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

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

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

DATE:

ENSEN MASON

AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR

SAN BERNARDINO COUNTY
BY: , DEPUTY
MARIA A. AGUILERA, TRUSTEE
HIGH DESERT MAPPING SEPTEMBER, 2024

IN THE TOWN OF APPLE VALLEY, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA PARCEL MAP NO. 20736
BEING A DIVISION OF GOVERNMENT LOT 18, SECTION 6, T5N, R3W, S.B.M.

CONDITIONAL CERTIFICATE OF COMPLIANCE NOTE:

THE PARCELS CREATED BY THIS PARCEL MAP ARE SUBJECT TO THE REQUIREMENTS SET FORTH IN THE

CONDITIONAL CERTIFICATE OF COMPLIANCE RECORDED , AS INSTRUMENT NO. , OFFICIAL RECORDS OF SAN BERNARDINO COUNTY.

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N 88°57'11" E 329.96' (N 88°56'54" E 329.98')
N 00°00'24" W 805.69' (N 00°00'22" W 805.64')
N 00°00'50" W 798.47' (N 00°00'50" W 798.41')
N 89°47'35" W 329.81' (N 89°47'43" W 329.82')
N 89°34'48" E 329.87'
277.31'
746.54'
369.84' 402.84'
346.95' 399.60'
296.81' (296.82')

33.00'

33.01'
296.87' 33.00'
3 3
'
399.23' 399.23'
296.95' (296.97')
766.18' (766.12')

H U A S N A R O A D

T A - W A N - K A R O A D
PARCEL 1

3.04 AC (GROSS)

2.73 AC (NET)

REMAINDER

3.04 AC (GROSS)

2.51 AC (NET)
33' USA ROAD R/W PER PATENTRECORDED 3/5/54 AS 1143216, O.R. 33' ROAD EASEMENT RECORDED
7/12/67 PER BK. 6854/250, O.R.

CL CALIFORNIA ELECTRIC POWER COMPANY

EASEMENT OF UNDISCLOSED WIDTH PER
DOCUMENT RECORDED 4/13/55 IN BK. 3618/551, O.R.
33' ROAD EASEMENT RECORDED7/12/67 PER BK. 6854/250, O.R. 33' USA ROAD R/W PER PATENTRECORDED 3/5/54 AS 1143216, O.R.

R=20.00'
Δ=88°58'01"
L=31.06'
T=19.64'

DEDICATED HEREON
402.85'
33'
29 '
SHEET 2 OF 2 SHEETS
SCALE: 1" = 60'

BASIS OF BEARINGS TAKEN FROM THE CENTERLINE OF TA-WAN-KA ROAD AS SHOWN ON PMB RS 179/66
BEING N 00°00'50" W
(XXX) INDICATES RECORD DATA PER RS 179/66
WITH BRASS TAG STAMPED L.S. 8244INDICATES 1" IRON PIPE, 18" LONG, SET AND TAGGEDINDICATES MONUMENT FOUND PER RS 179/66 SURVEYOR'S NOTES:

BEING A DIVISION OF GOVERNMENT LOT 18, SECTION 6, T5N, R3W, S.B.M.

PARCEL MAP NO. 20736

IN THE TOWN OF APPLE VALLEY, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA HIGH DESERT MAPPING SEPTEMBER, 2024

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Town Council Agenda Report
Date: August 26, 2025
To: Honorable Mayor and Town Council
Subject: REQUEST TO VACATE A PORTION OF OUTER HIGHWAY 18 SOUTH ALONG PARCEL 6 PARCEL MAP 14729
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. Find that Outer Highway 18 South rights-of-way, adjacent to the approved Buffalo Trading Post retail center, are excess right-of-way of a street or highway not required for street or highway purposes.

B. Adopt the Resolution No. 2025-26 Vacating A Portion of Outer Highway 18 South, pursuant to Streets and Highways Code Section 8334 (a).

C. Instruct the Town Clerk to cause the Resolution vacating said Outer Highway to be recorded in the office of the County Recorder of the County of San Bernardino, pursuant to Section 8334 (a) of the Streets and Highways Code.

BACKGROUND
On October 16, 2024, the Planning Commission approved the site plan and tentative parcel map for the Buffalo Trading Post project. The portion of the Outer Highway to be vacated is the excess right-of-way that is not needed for the widening of the main highway. The excess street rights of way may be summarily vacated if they meet the criteria under the provisions of Section 8334 of the Streets and Highways Code if the street dedications are: “(a) An excess right-of-way of a street or highway not required for street or highway purposes.”
As a result, no posting, advertising or public hearing is necessary. Once the Council adopts the resolution vacating the portion of the Outer Highway 18 South right of way, the

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Town Clerk will record the Resolution of Vacation. After the resolution is recorded, the vacation is complete.

FISCAL IMPACT
The applicant has paid the required fees for processing this vacation. There is no financial impact to the Town.

ATTACHMENTS
A. Resolution No. 2025-26
B. Exhibit “A” Legal Description Right-of-Way Vacation
C. Exhibit “B” Right-of-Way Vacation

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RESOLUTION NO. 2025-26

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN

OF APPLE VALLEY, CALIFORNIA, VACATING A PORTION
OF OUTER HIGHWAY 18 SOUTH, PURSUANT TO THE
STREETS AND HIGHWAYS CODE SECTION 8334 (A)”.

WHEREAS, the Town Council of the Town of Apple Valley, California, intends to vacate a certain portion of Outer Highway 18 South adjacent to Parcel 6 of Parcel Map 14729 described in Exhibit "A" attached. The Plat accompanying the legal is attached as Exhibit "B"; and
WHEREAS, the Town Council of the Town of Apple Valley now finds that it is now in the public interest that said portion of Outer Highway 18 South rights-of-way be vacated, and are excess right-of-way and not required for street or highway purposes, it hereby meets the requirements of section 8334(a) of the Streets and Highways Code.

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

Section 1: That pursuant to the Public Streets, Highways and Service Easements Vacation Law, Division 9, Part 3 Chapter 4, (Summary Vacation), California Streets and Highways Code beginning at section 8300, relating to the vacation of public streets, highways, and service easements, the following described easement for Outer Highway purposes is hereby vacated:

See attached Exhibit “A” and Exhibit “B” attached hereto and made part hereof.

Reserving and excepting from said abandonment the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures, in upon, over and across any highway or part thereof proposed to be abandoned and pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles and other convenient structures, equipment and fixtures for the operation of gas pipe lines, telephone lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water, and for incidental purposes, including access to protect the purposes, including access to protect the property from all hazards in, upon and over the thoroughfare or part thereof proposed to be abandoned.

Section 2: The Town Clerk shall record this Resolution of Vacation pursuant to Streets and Highways Code section 8336.

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Resolution No. 2025-26
Section 3: That from and after the date this Resolution is recorded, said outer highway easement shall no longer constitute outer highway rights of way adjacent to Parcel 6 of Parcel Map 14729 hereinabove described.

Section 4: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, the Town shall be deemed to have adopted this resolution without such section.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 26th day of August 2025.
________________________
Scott Nassif, Mayor
ATTEST:
______________________________
La Vonda M-Pearson, Town Clerk

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Town Council Agenda Report
Date: August 26, 2025
To: Honorable Mayor and Town Council
Subject: APPROVE AMENDMENT FOR A ROUNDABOUT AT YUCCA LOMA

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

RECOMMENDED ACTION
Approve an addendum to the existing Professional Services Agreement with Kimley-Horn and Associates, Inc. to include full design services for a roundabout at the intersection of Yucca Loma Road and Rincon Road for an added cost of $208,800.00. Approval is subject to review as to form by the Town Attorney and as to content by the Town Manager.

BACKGROUND
The Yucca Loma Road Widening project has been a multi-phase effort to improve traffic flow and infrastructure between Apple Valley Road and Rincon Road. The original agreement with Kimley-Horn was approved in August 2015, initiating the design of plans, specifications, and estimates (PS&E) for the corridor. In December 2023, an amendment was approved and executed to address interim improvements east of Apple Valley Road, and an additional ammendment was issued to update the original plans for the remaining portion of the segment.

Last year, the initial 1200 feet of Yucca Loma Road east of Apple Valley Road was constructed to accommodate increased traffic volumes resulting from the opening of the Green Tree extension. This segment was designed to facilitate smoother entry into the corridor and reduce congestion at the western end of the project area.

ANALYSIS
To improve traffic flow at the intersection of Yucca Loma Road and Rincon road, staff engaged Kimley-Horn to conduct an intersection analysis, which was presented to Council on May 27, 2025, and identified a roundabout as the optimal solution. Based on direction from Town Council, staff engaged in negotiations with Kimley-Horn and Associates, Inc. to define the scope and fee for the roundabout design. These discussions focused on ensuring the proposed services were comprehensive, cost-effective, and

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aligned with the Town’s expectations for quality and schedule. The resulting proposal reflects a mutually agreed-upon scope and is now ready for formal approval and execution.

The additional services include providing conceptual design, preliminary engineering, and final PS&E preparation. The conceptual phase will refine layout options based on site constraints and traffic operations, leading to the selection of a preferred configuration.

Preliminary engineering will address horizontal and vertical geometry, sight distance, swept paths, and other design checks necessary for geometric approval. Final design will produce a complete bid package in compliance with Americans with Disabilities Act (ADA), California Manual on Uniform Traffic Control Devices (CAMUTCD), Caltrans’ Highway Design Manual (HDM), and Town standards.

Design work is scheduled to begin upon Council approval and be completed by January 30, 2026.

FISCAL IMPACT
If approved, the additional cost will be $208,800.00. Funding for the roundabout design at Yucca Loma Road and Rincon Road will be provided from currently programmed Traffic Impact Fees. Sufficient funds have already been appropriated in the adopted FY 2025/26 budget.

Additionally, Engineering staff submitted a $5.8M Federal Grant application to San Bernardino County Transportation Authority (SBCTA) to supplement the construction cost of the widening of Yucca Loma Road to three (3) lanes from Rincon Road east to Algonquin Road. The roundabout was identified as a major component in the grant application. Recently, SBCTA indicated that the grant application has been accepted and was forwarded to Southern California Association of Governments (SCAG) for final review.

ATTACHMENTS
A. Scope of Services and Fee Proposal from Kimley-Horn and Associates.

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kimley-horn.com 73-700 Dinah Shore Dr, Suite 101, Palm Desert, California 92211 August 6, 2025
Mr. Rich Berger and Mr. Richard Pedersen
Town of Apply Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
Re: Scope of Services and Fee Proposal for
Roundabout at Yucca Loma Road and Rincon Road
Kimley-Horn and Associates, Inc. is pleased to submit this letter proposal to the Town of Apple Valley for providing engineering design services for the roundabout design at the intersection of Yucca Loma Road and Rincon Road in the Town of Apple Valley.

Our Project Understanding, Scope of Services, Schedule, and Fee are as follows.

Project Understanding and Approach
We understand that the purpose of this task order is to provide a roundabout design at the intersection of Yucca Loma Road and Rincon Road. These design services will be broken into three phases.

Phase 1 develops design year roundabout operations and concept level layouts to identify the estimated functional area of intersection and geometric constraints. Phase 2 focuses on the optimization of the roundabout and geometric approval. Finally, Phase 3 completes the roundabout design through preparation of construction bid documents. In general, this scope of work accomplishes the following:

Phase 1: Conceptual Design / Initial Design Development • Concept refinement of layouts based on site constraints and local access. • Selection of preferred roundabout layout.
• Project coordination and meeting attendance
Phase 2: Preliminary Engineering and Geometric Approval • Geometric optimization (horizontal) of preferred roundabout layout. • Geometric vertical design of roundabout (contour grading) • Documentation of roundabout design check calculations. • Geometric approval of roundabout layout. Approved roundabout will serve as the basis for Intermediate (60%) and PS&E Design (90%).

Phase 3: Plans, Specifications, and Estimate – PS&E
• Preparation of plans relating to roundabout design principles and guidance We assume that the following design guidance and software will be applicable for the roundabout design services:

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kimley-horn.com 73-700 Dinah Shore Dr, Suite 101, Palm Desert, California 92211 • NCHRP Report 1043: Roundabout Guide, Third Edition.

The following scope was developed to provide a progressive set of project documents that are based on our experience in the development of roundabouts from concept refinement through construction documents. The following scope items are critical to achieving schedule and budget targets Scope of Services
Task 1: Project Management
TASK 1.1: PROJECT COORDINATION
Kimley-Horn will coordinate activities with the Town Engineer, and/or his designee. The Kimley-Horn team will provide overall project management, coordination, and supervision of project staff to facilitate the performance of the work in accordance with the scope. It is assumed project coordination will be for up to 5 months.

TASK 1.2: PROJECT MEETINGS
Kimley-Horn will attend project meetings with or on behalf of Town staff. Kimley-Horn will participate in the following project meetings:
 One project kick-off meeting
 One Town Council meeting
 Up to five virtual progress meetings
 Up to one field meetings
TASK 1.3: PROJECT ADMINISTRATION
This task includes general project administration, including management of project staff, quality control, and project accounting.

Deliverables:
 Monthly invoices and progress reports
 Meeting agendas and meeting notes
Task 2: Roundabout Conceptual Design
TASK 2.1: CONCEPT REFINEMENT ROUNDABOUT LAYOUTS
Kimley-Horn will refine previously developed roundabout conceptual layouts. Colored, 2D concept renderings will depict critical roundabout features and geometric design elements. In addition, the layouts will include color coded areas identifying landscape opportunities and potential sight line constraints based on estimated sight lines.

Project constraints and right-of-way will be identified.

Key features evaluated during this phase typically include:
 Size and location of roundabout relative to right-of-way and geometric constraints  Potential interim phasing strategies to minimize future construction costs  Approach and departure alignment
 Local access impacts and circulation
 Design speed, design vehicle, and sight line considerations (Calculations will not be conducted at this phase of concept refinement. Design check calculations will be completed with Task 4.2)  Travel paths for bicyclists and pedestrians
 Continuity for pedestrian travel and access to transit facilities. It is assumed that constraints at the

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kimley-horn.com 73-700 Dinah Shore Dr, Suite 101, Palm Desert, California 92211 project location will be identified and provided to Kimley-Horn prior to development of the refined project concepts. This scope assumes development of one draft concept layouts for review by the Town. Kimley-Horn will incorporate one set of consolidated, non-conflicting comments into the final concept layout.

TASK 2.2: PRELIMINARY ENGINEERING
Kimley-Horn will prepare one 30% design in roll plot format and roundabout design check calculations to obtain geometric approval of the roundabout concept. GAD limits for the roundabout are assumed to extend to the point where the roundabout conforms with existing street infrastructure or proposed street typical section, whichever is less.

The GAD will be prepared to identify the horizontal design limits of critical geometric elements such as curb geometry, lane widths, channelization, lane transitions, pavement markings, sightlines, and conform conditions to either the existing street infrastructure or proposed typical street section.

Design checks specific to vehicles navigating roundabout intersections will be calculated and documented in a technical memorandum. If site conditions or other constraints require a deviation from guidance described in NCHRP Report 1043, the deviation will be identified in the technical memorandum along with a description why the deviation is being requested.

Topographic survey will be utilized from the Yucca Loma Road Widening project and it is assumed no additional topographic survey is needed.

The following design checks will be evaluated for vehicles:
 Fastest path estimation for R1 through R5
 Swept path and tire tracking for design vehicles (Assume up to two design vehicles)  Intersection angle of visibility
 Intersection Sight Distance (Assume tc=5.0 seconds)
 Stopping Sight Distance
 Path overlap estimation for multi-lane entries and departures TASK 2.3: GEOMETRIC APPROVAL DRAWINGS (GAD)
Kimley-Horn will submit the GAD and design checks to the Town for review. Following receipt of one set of consolidated, non-conflicting comments, Kimley-Horn will incorporate Town comments into the final GAD at which time Kimley-Horn will consider the roundabout geometrically approved. After approval, any requests or directions to change the horizontal curb geometry within the functional area of the roundabout will be considered out of scope work.

Deliverables:
 Draft and Final concept roundabout layouts
 Draft and final roundabout layout roll plot (30% design) and Design Check Technical Memorandum for geometric approval
 Preliminary contour plan in PDF and CADD format
Task 3: Final Design – Plans, Specifications, and Estimate TASK 3.1: 65% PS&E
Kimley-Horn will advance the design to the 65% level, inclusive of plans, specifications, and cost estimate for Town review and comment. We will prepare project technical specifications following Caltrans 2024 format, or the latest version available at the time of production.

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kimley-horn.com 73-700 Dinah Shore Dr, Suite 101, Palm Desert, California 92211 Kimley-Horn anticipates the final plan set will include engineering drawings with the following sheets:
 Title sheet (1)
 General notes (1)
 Typical sections (2)
 Horizontal control (1)
 Demolition plans (2)
 Layout plans (2)
 Construction details (3)
 Contour grading (1)
 Erosion control (2)
 Utility plans (2)
 Drainage plan and profiles (2)
 Signing and striping plans (2)
 Electrical plans and details (2)
 Landscape/Hardscape plans and details (2)
Total Estimated Sheets: 25
We assume the contractor will be responsible for stage construction and traffic handling plans, and as such, these sheets are not included in our scope of work.

Plans and specifications will comply with the American with Disabilities Act (ADA), Town Improvement Standards, Caltrans Highway Design Manual (HDM), and the California Manual on Uniform Traffic Control Devices (CAMUTCD).

TASK 3.2: 95% PS&E
Based upon one set of consolidated, non-conflicting Town redlines, Kimley-Horn will prepare and submit a 95% level design, inclusive of plans, specifications, and cost estimate for Town review and comment. Kimley-Horn will prepare a response-to-comments matrix for Town comments stemming from the 65% review.

TASK 3.3: FINAL PS&E
Based upon one set of consolidated, non-conflicting Town redlines, Kimley-Horn will prepare and submit final design documents, inclusive of plans, specifications, and cost estimate for Town review and comment. KimleyHorn will prepare a response-to-comments matrix for Town comments stemming from the 95% review. It is anticipated that this Final PS&E review will be an ‘over-the-shoulder' review with minimal comments. Upon verification that all outstanding comments have been addressed, Kimley-Horn will submit plans, specifications, and cost estimate signed by the engineer in responsible charge ready for public advertisement. Additional revisions to the Final PS&E package will be considered additional scope and can be performed for additional fee.

TASK 3.4: OPINION OF PROBABLE CONSTRUCTION COST
Kimley-Horn will prepare an opinion of probable construction costs (OPCC) based on anticipated construction items and quantities from the 65%, 95% and final submittal for comparison to project budget and assistance during the contractor’s bidding process. Unit prices will be derived from readily available current bid information based on similar projects within the area. Backup will be generated for lump sum items. Contingencies will be shown, as agreed upon with Town staff.

The Town is specifically cautioned that unit prices for construction have been and remain unpredictable and escalating, and we advise that the Town consider contingencies and engage in independent contractor pricing exercises. Kimley-Horn will exercise reasonable efforts to overcome the challenges presented by current circumstances.

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kimley-horn.com 73-700 Dinah Shore Dr, Suite 101, Palm Desert, California 92211 TASK 3.5: SPECIFICATIONS
The Consultant will prepare 95% and final technical specifications based upon the boiler plate supplied by the Town.

Bid items will be described as reasonably required in the General Provisions and will be incorporated in the Contractor’s bid list. References for the technical provisions to the Town Standards and Standard Specifications for Public Works Construction (Greenbook), Caltrans, or other appropriate specifications will be shown.

Kimley-Horn assumes the following:
 The Town will prepare the Front-End specifications, however, Kimley-Horn will provide the Town with the bid schedule and anticipated contract items of construction.  The technical specifications will not include any references or documents required for the Town to comply with grant funding, including funds administered through the Caltrans Office of Local Assistance. Should the Town require the technical specifications to comply with the Caltrans Local Assistance Procedures Manual (LAPM), Kimley-Horn can include these documents for additional scope and fee
 Electronic (Digital) versions of the plans, specifications, and cost estimate will be provided via electronic transmittal, in Microsoft Word, Microsoft Excel and/or AutoCAD.dwg format (version 2010 or higher), as appropriate
 Electronic (Digital) versions of the plans, specifications and cost estimate will be provided via electronic transmittal in PDF Format
Deliverables:
 Plans (24”x36”), Technical Specifications, and Cost Estimates [Electronic PDF copies only] for the 65%, 95%, and Final 100% design submittals. The Final PS&E will be signed by the engineer-of-record  Response to comments matrix for the 65%, 95% and Final design submittals  95% and Final Specifications
 65%, 95% and Final Opinion of Probable Construction Cost Assumptions and Exclusions:

1. Stormwater analysis is excluded from this scope of work.

2. Right-of-Way services are excluded from this scope of work and will be completed by the Town

3. Topographic survey is excluded from this scope of work

4. NEPA forms and coordination are excluded from this scope of work and will be completed by the Town

5. The geotechnical report performed by Merrell Johnson on April 27th 2016 for the Yucca Loma Road Widening Project will be used for this design

6. Utility coordination is not included in this scope of work

7. We assume there are no federal funding requirements for this project

8. All plan check comments will be provided in electronic format

9. For deliverables, we anticipate one round of consolidated comments per submittal

10. Potholing services are excluded from this scope of services

11. Right of Way coordination, acquisition and negotiation are excluded

12. Public outreach and workshops are excluded from this scope of services

13. Preparation of Hydraulic and Hydrology Analysis Report, WQMP or storm water quality features design is not included in this scope of services

14. It is assumed limits of excavation will not trigger requirements to prepare a WQMP for the project.

15. A Storm Water Pollution Prevention Plan (SWPPP) is not included. We assume this will be provided by the Contractor

16. Electrical design for traffic signal, streetlights or other features is not anticipated for the project

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kimley-horn.com 73-700 Dinah Shore Dr, Suite 101, Palm Desert, California 92211

17. Traffic control plans and construction staging are excluded. These are anticipated to be provided by the Contractor

18. Landscape and irrigation design are not anticipated and not included in this scope of services

19. Mass copying for bidding or other purposes is assumed to be provided by the City

20. Project Advertising/Bid and Construction Support services are excluded from this scope of services Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and performed at Kimley-Horn’s then-current hourly rates.

Information Provided By Client
Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives.

Schedule
Kimley-Horn will perform the services as expeditiously as practicable with the goal of meeting a mutually agreed upon schedule.

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ID Task Name Duration Start Finish
1 Yucca Loma Roundabout 6 months Mon 8/18/25 Fri 1/30/262 NTP 0 months Mon 8/18/25 Mon 8/18/253 Project Management 6 months Mon 8/18/25 Fri 1/30/264 Kickoff Meeting 1 day Tue 8/19/25 Tue 8/19/255 Roundabout Conceptual Design 1 month Wed 8/27/25 Tue 9/23/256 Town Review 10 days Wed 9/24/25 Tue 10/7/257 Geometric Approval Drawings 15 days Wed 10/8/25 Tue 10/28/258 Town Review 10 days Wed 10/29/25 Tue 11/11/259 65% Plans 20 days Wed 11/12/25 Tue 12/9/25 10 Town Review 5 days Wed 12/10/25 Tue 12/16/2511 95% Plans 15 days Wed 12/17/25 Tue 1/6/2612 Town Review 5 days Wed 1/7/26 Tue 1/13/2613 Final Plans 13 days Wed 1/14/26 Fri 1/30/26 8/18
Aug '25 Sep '25 Oct '25 Nov '25 Dec '25 Jan '26 Feb '26 TaskSplitMilestoneSummary
Project SummaryInactive TaskInactive MilestoneInactive Summary Manual TaskDuration-onlyManual Summary RollupManual Summary Start-onlyFinish-onlyExternal TasksExternal Milestone
DeadlineProgressManual Progress
Yucca Loma Road and Rincon Road Roundabout Target Schedule

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Project: Yucca Loma Road and Rincon Road RoundaboDate: 07/08/2025

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kimley-horn.com 73-700 Dinah Shore Dr, Suite 101, Palm Desert, California 92211 Fee and Expenses
Kimley-Horn will perform the services in Tasks 1 - 3 on a lump sum fee as shown below.

Task Number & Name Fee Type
1 Project Management $35,000 Lump Sum
2 Roundabout Conceptual Design $53,200 Lump Sum
3 Final Design $92,400 Lump Sum
OPCC $12,400 Lump Sum
Specifications $15,800 Lump Sum
Total $208,800
Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client.

However, Kimley-Horn reserves the right to reallocate amounts among tasks as necessary.

Kimley-Horn will provide the above Scope of Services for a lump sum fee. Direct reimbursable expenses such as express delivery services, air travel, and other direct expenses will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Should the Client request Kimley-Horn to advance any such project fees on the Client’s behalf, an invoice for such fees, with a fifteen percent (15%) markup, will be immediately issued to and paid by the Client.

Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.

Very truly yours,

Kameron Qureshi, PE Sean T. Houck, PE.

Project Manager

Frank Hoffmann, PE
Vice President

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Town Council Agenda Report
Date: August 26, 2025
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR THE VILLAGE NORTH SIDEWALK

IMPROVEMENTS PROJECT
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. Accept the work for the Village North Sidewalk Improvement Project No. 2024-03 as complete for a total cost of $1,965,549.23;
B. Direct the Town Clerk to file the Notice of Completion with the San Bernardino County Recorder’s Office; and
C. Authorize the release of retained funds 30 days after the Notice of Completion has been recorded, provided no claims are filed against the project.

BACKGROUND
On January 14, 2025, the Town Council awarded a contract to KNC Construction, Inc. in the amount of $1,884,882.69 with a 10% contingency of $188,488.27, for a total authorized amount not to exceed $2,073,370.96 for the Village North Sidewalk Improvement Project. The project was identified through the Town’s SR18 Village Corridor Study as a priority to close sidewalk gaps, improve pedestrian accessibility, and bring existing sidewalks up to current ADA standards along Outer Highway 18 North between Navajo Road and Headquarters Drive, as well as short segments of Pawnee Road, Quinnault Road, and Pioneer Road. The project installed new curb, gutter, sidewalk, ADA ramps, and driveway approaches along Outer Highway 18 North and nearby streets, closing gaps and improving pedestrian accessibility. During construction, multiple change orders were issued to replace additional non-compliant segments, add handrails on slopes requiring them for ADA compliance, and install new mailboxes. An additional change order was approved to complete a segment initially excluded due to

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the property owner’s decision not to participate; with authorization granted, this segment was constructed and is now fully ADA compliant.

ANALYSIS
Upon completion of construction, Town engineering and inspection staff conducted a detailed review of the project to ensure full compliance with the approved plans, specifications, and contract requirements. This process included:
 Final field inspections to verify dimensions, alignments, slopes, and grades met design standards;
 ADA compliance checks for ramps, sidewalks, and driveway approaches;  Punch list completion, ensuring that all identified deficiencies were corrected by the contractor; and
 Safety and functionality verification, confirming unobstructed pedestrian paths and proper drainage flow along curb and gutter sections.

All identified punch list items have been resolved to the Town’s satisfaction. The completed work meets the design intent, safety standards, and quality requirements of the contract. Staff therefore recommends acceptance of the project as complete.

FISCAL IMPACT
The Village North Sidewalk Improvement Project was funded under the FY 2024–2025 program year using Measure I ($200,000 plus a $587,011.96 budget amendment), TDA Article 3 ($361,818), PBID ($327,316), and CDBG ($567,225) funds. The Town Council awarded a contract to KNC Construction, Inc. for $1,884,882.69, with a 10% contingency of $188,488.27, for a total not to exceed total of $2,073,370.96. During the project, adjustments totaling $218,128.29 were made, bringing the revised contract amount to $1,965,549.23 which is within the approved contingency.

ATTACHMENTS
A. Notice of Completion Village North Sidewalk Improvement Project

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Recording Requested by:

Town of Apple Valley
When Recorded mail to:

Town of Apple Valley
Engineering Department
14955 Dale Evans Parkway
Apple Valley, CA 92307
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Street Improvement)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Richard Pedersen, is the duly appointed and qualified Town Engineer of the owner of interest or estate stated below in the property hereinafter described:

2. The full name of the owner is: Town of Apple Valley, a municipal corporation of the State of California, and which is located within the County of San Bernardino, in said State, and the address is 14955 Dale Evans Parkway, Apple Valley, California 92307.

3. That on the 14th day of January, 2025 and pursuant to approval of the Town Council of the said Town, the Town entered into a contract with KNC Construction , Inc, whose address is 1227 Apple Valley Road, Apple Valley, CA 92308, to perform the Village North Sidewalk Improvement Project in the Town of Apple Valley, and in accordance with the Town of Apple Valley’s Plans and Specifications.

4. That all of the said work or improvement was located at various locations within said Town of Apple Valley, APN: Unknown.

5. That all the said work or improvement contemplated in and under said contract was completed on August 26, 2025, and accepted by Council action on August 26, 2025

6. That the Surety on the Performance Bond of said Contractor and the surety on the Labor and Material Bond of said Contractor, under said contract, was and is $1,965,549.24 and $1,965,549.24.

The undersigned states: That the Town of Apple Valley, the political subdivision of the State of California conducted the proceedings for the improvement located 14955 Dale Evans Parkway, Apple Valley, California 92307, in said Town, described or referred to in the foregoing "Notice of Completion”.

I certify under penalty of perjury that the foregoing is true and correct. ____________________________________________DATE: August 26, 2025 Richard Pedersen, Town Engineer,
of the Town of Twentynine Palms, California

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
TOWN OF TWENTYNINE PALMS )ss.

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Town Council Agenda Report
Date: August 26, 2025
To: Honorable Mayor and Town Council
Subject: OPT INTO ADDITIONAL NATIONAL OPIOID SETTLEMENTS From: Douglas Robertson, Town Manager
Submitted by: Thomas A. Rice, Town Attorney
Town Attorney
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Authorize the Town Manager to opt into settlement agreement with opioid distributors, Purdue Pharma, L.P. and the Sackler Family, and direct the Town Manager to execute any documents necessary to implement the action.

BACKGROUND
In the last few years, states and cities across the United States brought litigation against the three largest pharmaceutical distributors of opioid painkillers, Amerisource Bergen, Cardinal Health, and McKesson (the “Distributors”), and the opioid painkiller manufacturer, Janssen (owned by Johnson & Johnson) (“J&J”), which resulted in two proposed settlements totaling approximately $26 billion dollars. Between November and December 2022, five additional parties entered into National Opioid Settlements with terms identical to the Distributors/J&J Settlements.

In 2025, Purdue Pharma, L.P. and the Sackler Family (“Purdue”) reached a settlement regarding its outstanding opioid distribution claims as well. The Town has opted into every previous round of opioid settlements and has started receiving payments.

The Town can opt into this new settlement, thereby releasing its claims against Purdue, in order to receive a maximum of $77,000, paid out over a period of 15 years. The funds are restricted to certain opioid abatement/remediation uses. The Town can either allow the funds to be used by San Bernardino County or elect to use the funds itself subject to reporting requirements to the state. Alternatively, the Town can take no action, thereby opting out of the settlement, while maintaining its right to pursue litigation against Purdue.

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It is recommended that the Town Council opt into the Settlement Agreement and authorize the Town Manager to execute any documents necessary to implement the action.

ANALYSIS
A. Allocation of Funds
Litigation against Purdue has resulted in a proposed settlement totaling approximately $7.4 billion. The estimated total nationwide payout and payment schedule are outlined below:

Defendant
Estimated Max
Payout
(100% Participation) Years
Purdue $7,400,000,000 15 years
Of the amounts above, California is to receive approximately $440 million and is to distribute these funds pursuant to intrastate allocation agreements for the new settlement.

The percentages paid out to local subdivisions that did not litigate (such as Apple Valley), but choose to opt into the settlement, comes from the share of the settlement proceeds that are placed in the California Abatement Accounts Fund. Essentially, this means that the Town of Apple Valley, if it chooses to opt into the settlement, is entitled to receive a percentage share from the California Abatement Accounts Fund.

The Town of Apple Valley has been allocated 0.025% of the 70% of the approximately $440 million (i.e., best case scenario), which is equal to $77,000. This total amount will be disbursed over a period of 15 years, with payments decreasing as each settlement finishes paying out. The first payments are scheduled to occur in the latter half of 2025. After the receipt of these initial payments, further payments will be received annually thereafter. As stated above, the ultimate settlement amount is not yet known because of the bonus structure built into the agreements.

The default distribution of funds in the settlement agreements provides that the funds will go directly to the county in which a city is located. A city can elect to have its funds delivered directly to the city by providing notice in the settlement agreements. Additionally, a city within a county may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the settlement fund administrators at least 60 days prior to a payment date.

In deciding whether to allow a city’s funds to go directly to the county in which a city is located, a city should consider the following: (1) whether the amount of money is substantial enough for the city to handle on its own; (2) whether the city offers the services and has the employees to spend the money in accordance with its prescribed uses; and

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(3) whether the city wants to engage in the reporting requirements over the course of the next 16 years (15 years of distribution and an additional year following final distribution).

B. Use of Received Funds
Similar to the other opioid settlements, funds received from this additional settlement must be used for future opioid remediation or abatement. For instance, participating subdivisions may use funds for areas such as services to treat opioid use disorder; support people in treatment and recovery; connect people to care; address needs of criminal justice-involved persons; address the needs of pregnant or parenting women and their families, including babies with neonatal abstinence syndrome; prevent overprescribing and ensure appropriate prescribing and dispensing of opioids; prevent misuse of opioids; prevent overdose deaths and other harms; provide leadership, planning, and coordination of programs; provide training; and conduct research.

In addition to these requirements, there is also a time limit on the spending of funds received. If funds are not expended or encumbered within five years of receipt and in accordance with the settlement agreements and the Intrastate Allocation Agreements, the funds are required to be transferred back to the State.

C. Management of Funds
Each county and city that receives payment of funds from the settlement must prepare a written report at least annually regarding the use of those funds until the funds are fully expended and for one year thereafter. Each county and city will need to track all deposits and expenditures. This report will also include a certification that all funds received have been used in compliance with the allocation agreements. The California Department of Healthcare and Services (“DHCS”) may review the report to determine compliance with the settlement agreements and the Intrastate Allocation Agreement.

D. Opting In
The Town must opt into the settlement by September 30, 2025, which requires the Town to release its claims against Purdue.

If the Town Council takes no action, it will effectively opt out of the settlement and Apple Valley’s designated funds will flow to the State. By opting out of the settlement, the Town would still have the opportunity to bring its own action against Purdue.

Unless the Town intends to pursue its own litigation against these parties, it is recommended that the Town opt into the settlement and elect to receive payments directly.

FISCAL IMPACT
Opting into the settlements would have a net positive fiscal impact to the Town by allowing the Town to receive approximately $77,000 to fund opioid abatement.

ATTACHMENTS
None.

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Town Council Agenda Report
Date: August 26, 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 – EXISTING LITIGATION
Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al., Case No.:

CIVDS1600180; Town of Apple Valley vs. Apple Valley Ranchos Water Company, et al., Court of Appeal Case No. E078348; and Town of Apple Valley v. Apple Valley Ranchos Water et al., California Supreme Court Case No. S289391.

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Apple Valley City CouncilAugust 26, 2025

Apple Valley City Council
August 26, 2025