REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF BOARD GOVERNED COUNTY SERVICE AREAS
AND RECORD OF ACTION
September 9, 2025
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
BRETT J. GODOWN, Director, Department of Airports
SUBJECT
Title
Use Permit for Use of Vacant Land for the 2025 Apple Valley Airshow Overflow Parking
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of County Service Area 60-Apple Valley Airport:
1. Find that approval of a Use Permit of vacant land for the 2025 Apple Valley Airshow parking, is an exempt project under the California Environmental Quality Act Guidelines, Section 15301 - Existing Facilities (Class I).
2. Approve the Real Estate Services Department's use of an alternate procedure in lieu of a formal Request for Proposal as allowed per County Policy 12-02 - Leasing Privately Owned Real Property for County Use, to use approximately 20.06 acres of vacant land in Apple Valley for the period of October 10, 2025, through October 12, 2025.
3. Approve a Use Permit, including non-standard terms, with Heidi Reed, Trustee of the Tanner Gift Trust dated July 11, 1983, in the amount of $2,650, for the use of approximately 20.06 acres of vacant land (Assessor's Parcel Numbers 0463-372-60-0000, 0463-372-62-0000, and 0463-372-49-0000) located west of the Apple Valley Airport, to serve as overflow parking for the 2025 Apple Valley Airshow, for the period of October 10, 2025, through October 12, 2025.
4. Direct the Real Estate Services Department to file the Notice of Exemption in accordance with the California Environmental Quality Act.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES.
Create, Maintain, and Grow Jobs and Economic Value in the County.
Provide for the Safety, Health, and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The total cost of the Use Permit is $2,650 and is included in the overall total 2025 Apple Valley Airshow (Event) budget of $315,000. Adequate appropriation (Cost Center 4003004552) for the Event is included in County Service Area 60 (CSA 60) 2025-26 budget.
BACKGROUND INFORMATION
On April 8, 2025 (Item No. 55), the Board of Supervisors (Board), acting as the governing body of CSA 60, approved the 2025 Apple Valley Airshow to be held on October 11, 2025, from 9:00 am to 3:00 pm.
CSA 60 has hosted the annual airshow at the Apple Valley Airport (Airport) since 2008 under the promotion and administration of the Department of Airports, except in 2020 and 2021 when the airshow was canceled due to the COVID-19 pandemic. This annual airshow attracts a wide audience of attendees and provides an opportunity to promote the Airport and the County.
The Event aligns with the County and Chief Executive Officer's goals and objectives by creating commerce and economic value through community entertainment and aviation-themed concessions. The Event includes many attractions, including individual flybys, aerobatic demonstrations, and static displays of biplanes and classic and vintage aircraft. Other entertainment will include a car show, food and beverage concessions, and vendors selling aviation-related memorabilia.
The recommended Use Permit will allow CSA 60 to use approximately 20.06 acres, comprised of three parcels known as Assessor's Parcel Numbers (APN) 0463-372-60-0000 with 6.27 acres, APN 0463-372-62-0000 with 6.28 acres, and APN 0463-372-49-0000 with 7.51 acres, as overflow parking for the period of October 10, 2025, through October 12, 2025.
The Use Permit includes terms that differ from the standard CSA 60 contract. The non-standard terms include the following:
1. CSA 60 will indemnify and hold Heidi Reed, Trustee of the Tanner Gift Trust dated July 11, 1983 (Permittor), harmless for any liabilities to the extent resulting from any negligent acts or omissions of CSA 60.
* CSA 60's standard contract does not include any indemnification or defense by CSA 60 of a permittor.
* Potential Impact: By agreeing to indemnify the Permittor, CSA 60 could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against CSA 60, time-limited, or expense-limited, could be brought against the Permittor without such limitations and CSA 60 would be responsible to reimburse the Permittor for costs, expenses, and damages, which could exceed the total contract amount.
2. The Permittor is not contractually required to carry property liability insurance nor name CSA 60 as an additional insured.
* CSA 60's standard contract requires a permittor to carry property liability insurance and name CSA 60 as an additional insured.
* Potential Impact: Historically, the Permittor has advised that it carries a liability policy for its properties but has declined to include an express commitment in the Use Permits to carry such insurance or to name CSA 60 as an additional insured, which means that CSA 60 may have liability exposure in the event of a claim that could exceed the total contract amount.
3. CSA 60 shall be required to pay a late charge on any amount not paid when due, accruing from the due date until paid in full, at a rate of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less. Payment shall be due within thirty (30) days of receipt of Board approval (Net 30).
* CSA 60's standard contract does not include interest or late payment penalties.
* Potential Impact: Late fees may increase the overall cost of the permit, with additional charges incurred for each month the permit fee remains unpaid, potentially requiring unplanned funding approval.
CSA 60 recommends the approval of this Use Permit, including non-standard terms, to allow for the use of vacant land for the Event's overflow parking given that there are limited options available for nearby vacant land of this size to accommodate overflow parking for the Event.
Approval from the Board, acting as the governing body of CSA 60, is requested to use an alternative procedure in lieu of a Formal Request for Proposals (RFP) as allowed per County Policy 12-02 - Leasing Privately Owned Real Property for County Use (Policy 12-02) to use approximately 20.06 acres of vacant land in Apple Valley for the period from October 10, 2025, through October 12, 2025. Policy 12-02 provides that the Board may approve the use of an alternative procedure to the use of a Formal RFP process whenever the Board determines that compliance with the Formal RFP requirements would unreasonably interfere with the financial or programmatic needs of CSA 60, or when the use of an alternative procedure would otherwise be in the best interest of CSA 60.
The Real Estate Services Department has reviewed the proposed real property Use Permit agreement under Policy 12-02, completed a competitive analysis of the market, and found the proposed fees to be competitive and these properties best meet the programmatic needs of CSA 60 to provide overflow parking for the Event.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, and John Tubbs II, Deputies County Counsel, 387-5455) on August 21, 2025; Risk Management (Stephanie Pacheco, Staff Analyst II, 386-9039) on August 21, 2025; Airports (Brett J. Godown, Director, and Maureen Snelgrove, Assistant Director, 387-8812) on August 4, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on July 31, 2025; and County Finance and Administration (Eduardo Mora, 387-4376, Administrative Analyst) on August 22, 2025.
(AR: 501-7579)