Apple Valley City Council
January 11, 2022

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, January 11, 2022, 6:30 p.m.

Council Chamber

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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.

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 Simpson - Spirit Life Church

2.2. Pledge of Allegiance

2.3. Presentations

2.3.1. Community Calendar Photography Contest Winners – Kenneth Sousa, Public Relations Specialist.

2.3.2. Pahute Park Update - David Coleman, Parks and Recreation Manager

3. Public Comments

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

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

5. Town Council Announcements

5.1. Suggested items for next Agenda

5.2. Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - Janurary 25, 2022 - Council Chambers Regular Session at 6:30 p.m.

6. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 6.1-6.8 as recommended.

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

6.2. DECEMBER 2021 COMMERCIAL WARRANTS AND WIRE TRANSFER

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

6.3. DECEMBER 2021 PAYROLL/BENEFITS WARRANTS SCHEDULE 33 That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

6.4. AUTHORIZATION TO ADVERTISE JESS RANCH LIFT STATION

UPGRADES
35 That the Town Council review and approve the bid documents for the Jess Ranch Lift Station Upgrades project.

A.

That the Town Council authorize staff to solicit bids for construction of said project.

B.

6.5. RESURFACING 2021- COLD MIX OVERLAY ACCEPTANCE OF WORK 38 Accept the work completed as part of the Resurfacing 2021-Cold Mix Overlay for a total contract cost of $545,588.23
A.

Direct the Town Clerk to file the Notice of Completion for the contract work.

B.

Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

C.

6.6. CONSENT TO ADVERTISE BEAR VALLEY ROAD WIDENING FROM

CENTRAL ROAD TO QUINNAULT ROAD
43 That the Town Council review and approve the bid documents for the Bear Valley Road Widening from Central Road to
Quinnault Road project
A.

That the Town Council authorize staff to solicit bids for construction of said project.

B.

6.7. CONSENT TO ADVERTISE THE TOWN WIDE SCHOOL ZONE

TRAFFIC CONTROL UPDATE PROJECT
46 That the Town Council review and approve the bid documents for the Town Wide School Zone Traffic Control Update project A.

That the Town Council authorize staff to solicit bids for construction of said project.

B.

6.8. SECOND READING OF ORDINANCE 547 OF THE TOWN OF APPLE VALLEY, CALIFORNIA, AMENDING TITLE 9 “DEVELOPMENT CODE”

OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE, SECTIONS

9.35.020 AND 9.35.030, CREATING A 978 ACRE OVERLAY WITHIN

THE REGIONAL COMMERCIAL (CR)
49 DISTRICT THAT WOULD ALLOW ECOMMERCE FULFILLMENT AND
DISTRIBUTION CENTERS.

Adopt Ordinance No. 547

7. Public Hearings

8. Business of the Council

8.1. REDISTRICTING 2022 UPDATE 102
Receive and file written and oral report from Town Attorney. Provide any additional direction as may be desired.

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 109
Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.

A.

Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one or more potential cases.

B.

Conference with Real Property Negotiators – Pursuant to Government Code. Section 54956.8. Property: Apple Valley Ranchos Water Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); Authority Negotiator: Town Manager; Negotiating Parties: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company,
Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation:

Price and Terms of Payment.

C.

Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code
Section 54956.9, Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.

D.

12. Adjournment
Recommended Motion:

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

TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS H:\TOWNCLK\COMMITTEE\OUTBCC.DOC
Rev [1/3/2022]

CITIZEN ADVISORY COMMITTEES

HISTORICAL ADVISORY COMMITTEE (HAC)
Council Member Cusack
Meets every 3rd Thursday of each month at 2:00 p.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)
Council Member Nassif
As needed.

Town Council Chambers

TOWN PERSONNEL COMMITTEE
Council Member Nassif
Mayor Pro Tem Bishop
Meets as Needed

PARK AND RECREATION ADVISORY COMMITTEE
Council Member Nassif
Council Member Emick

AD HOC COMMITTEES

APPLE VALLEY ROAD AD HOC COMMITTEE
Council Member Nassif

VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick

AGENCY - BOARDS/COMMITTEES &

COMMISSIONS

CALIFORNIA JOINT POWERS INSURANCE

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

HIGH DESERT CORRIDOR JOINT POWERS

AUTHORITY (HDCJPA)
Council Member Nassif – Director
Council Member Emick – Alternate
Meets every 2nd Thursday of each quarter at 2:00 p.m.
385 N. Arrowhead Ave, San Bernardino, CA

LEAGUE OF CALIFORNIA CITIES/DESERT

MOUNTAIN DIVISION (LOCC/DMD)
Council Member Nassif- Voting Delegate
Mayor Pro Tem Bishop – Alternate
Meets quarterly on the 4th Friday of every other month
at 10:00 a.m., rotating cities.

MOJAVE DESERT AIR QUALITY MANAGEMENT

DISTRICT (MDAQMD)
Mayor Leon-– Delegate
Council Member 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
Mayor Pro Tem 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 COUNCIL OF GOVERNMENTS
(SBCOG)
Mayor Pro Tem Bishop - Board Member
Council Member Cusack – Alternate
Meets 1st Wednesday of each month 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)
Council Member Emick – Commissioner
Mayor Pro Tem Bishop – Alternate
Meets every 2nd Wednesday of each quarter at 5:00
p.m., SCLA

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

H:\TOWNCLK\COMMITTEE\OUTBCC.DOC
Rev [1/3/2022]

VICTOR VALLEY WASTE WATER RECLAMATION

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

VVWRA Offices

APPLE VALLEY CHAMBER OF

COMMERCE

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

Town Council Agenda Report
Date: January 11, 2022
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES

From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Town Clerk
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 December 14, 2021

1 Apple Valley Town Council

MINUTES
December 14, 2021, 6:30 p.m.

Council Chamber
Members Present: Leon
Bishop
Cusack
Nassif
Curt Emick
_____________________________________________________________________

1. Call to Order
Mayor Emick called to order the regular session of the Apple Valley Town Council at 6:31 p.m.

2. Opening Ceremonies

2.1 Invocation
Pastor Ferguson, Calvary Chapel Apple Valley.

2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Emick

2.3 Presentations

3. Reorganization

3.1 SELECTION OF MAYOR AND MAYOR PRO TEMPORE
A. Council to select one of its number as Mayor. ________ B. Council to select one of its number as Mayor Pro Tempore. _______ Motion by: Mayor Curt Emick
Seconded by: Council Member Art Bishop
To select Kari Leon as Mayor.

2 Yes (5): Council Member Kari Leon, Council Member Art Bishop, Council Member Larry Cusack, Council Member Scott Nassif, and Curt Emick Motion by: Mayor Pro Tem Kari Leon
Seconded by: Council Member Larry Cusack
To select Art Bishop as Mayor Pro Tem.

Yes (5): Council Member Kari Leon, Council Member Art Bishop, Council Member Larry Cusack, Council Member Scott Nassif, and Mayor Curt Emick

3.2 RECESS FOR REORGANIZATION
The Town Council recessed for the reorganization at 6:49 p.m. They reconvened at 7:00 p.m.

3.3 PRESENTATION OF MAYOR'S PLAQUE
Presentation to Mayor Curt Emick for his term as Mayor on the Town Council for the period December 2020 to December 2021.

4. Public Comments
Assemblyman Thurstan “Smitty” Smith congratulated Mayor Kari Leon on being selected Mayor of Apple Valley.

Marcy Taylor, Apple Valley, thanked the Town Council for their commitment to the Town and congratulated the new Mayor. She also announced that the Apple Valley Inn would once again begin giving tours.

Frank Kelley, No Drugs America, thanked the Town Council for attending the 18th Annual No Drugs America event.

5. Councilmember Committee/Commission/Community Participation Councilmembers to make brief reports on their participation on committees, board, 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 Emick commented on committee meetings and events that he attended.

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

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

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

Mayor Leon commented on committee meetings and events that she attended.

6. Town Council Announcements

6.1 Suggested items for next Agenda
Mayor Pro Tem Bishop recommended a presentation be provided on Proposition 68.

Doug Robertson, Town Manager commented on the funding awarded for parks stating that the funds needed for the ongoing maintenance of parks would need to be addressed.

6.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - January 11, 2022 - Council Chamber Regular Session at 6:30 p.m.

7. Town Council Consent Agenda
La Vonda M-Pearson, Town Clerk, read the disclosure statement for specific warrants listed on the agenda.

Council Member Cusack has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Apple Valley Communications, AV Tech Services 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, AV Tech Services and AVCOM Services listed under Agenda Item Number 7.2. 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 7.2 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 Nassif has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with NAPA Auto Parts or High Desert Auto Supply for the Town of Apple Valley as the owner of these businesses. Therefore, he will be recusing from voting on the warrants for NAPA Auto Parts and High Desert Auto Supply listed under Agenda Item Number 7.2. In addition, due to his interest

4 in both businesses, Council Member Nassif will also 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 Nassif is maintained on file in the Town Clerk’s Office and available for review at the dais.

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

Mayor Leon has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Solution Strategies and Christian Brothers as a landlord to these entities. Therefore, she will be recusing herself from voting on the warrants for these businesses.

Mayor Leon confirmed that she would be recusing from voting on Agenda Item Number 7.2.

Council Member Cusack and Council Member Nassif will be recusing from voting on Agenda Item Number 7.5 regarding the Apple Valley Village Property and Business Improvement District.

Council Member Emick commented on Agenda Item No. 7.14, questioning how the funding would be distributed.

Thomas Rice, Town Attorney, answered questions regarding the opioid settlement funding.

Motion by: Council Member Art Bishop
Seconded by: Council Member Larry Cusack
To approve the Consent Calendar items numbered 7.1-7.14 as recommended.

Yes (5): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif, Mayor Pro Tem Art Bishop and Mayor Kari Leon.

Carried (5 to 0)

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

7.2 NOVEMBER 2021 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES

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

7.3 NOVEMBER 2021 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

7.4 ADOPT RESOLUTION 2021-34 AUTHORIZING THE ACCEPTANCE OF TDA ARTICLE 3 GRANT FUNDS FROM SBCTA
Adopt Resolution 2021-34 Authorizing acceptance of TDA Article 3 funds from SBCTA for the Village North Sidewalk Improvements Project.

7.5 ANNUAL AGREED-UPON PROCEDURES REPORT OF THE APPLE

VALLEY VILLAGE PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT (“PBID”) ASSOCIATION
That the Town Council receive and file an independent accountant’s Agreed-Upon Procedures Report (AUP) for Fiscal Year 2021-22 of the Apple Valley Village Property and Business Improvement District Association.

7.6 CHANGE OF OWNERSHIP, RELEASE OF ORIGINAL SECURITIES,

APPROVE NEW AGREEMENTS AND SECURITIES FOR TRACT MAP
No. 15286
That the Town Council approve new securities and agreements, subject to approval as to form by the Town Attorney and as to content by the Town Manager, reflecting 100% security for the remaining improvements yet to be completed. The securities and agreements will remain in place until all public improvements within Tract Map No. 15286 are complete and eligible for the one-year maintenance period to begin. Per the Agreement, the Developer has two years to complete the improvements from the time of the change of ownership approval.

7.7 ACCEPTANCE OF WORK FOR JAMES WOODY PARK RETENTION

BASIN LANDSCAPE RESTORATION

1. Accept the work completed by Five Star Landscape Maintenance as part of the James Woody Park Retention Basin Landscape Restoration project for a total contract cost of $54,184.11.

2. Direct the Town Clerk to file the Notice of Completion for the contract work.

6 3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

7.8 APPROVE AMENDMENT FOR THE JESS RANCH LIFT STATION

UPGRADE DESIGN
Approve an Amendment to the Processional Services Agreement with Lee + Ro for additional engineering services for the Jess Ranch Lift Station Upgrade project scope of work, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

7.9 STODDARD WELLS ROAD WIDENING ACCEPTANCE OF WORK

1. Accept the work completed by Calmex Engineering, Inc. as part of the Stoddard Wells Road Widening project for a total contract cost of $1,667,051.07.

2. Direct the Town Clerk to file the Notice of Completion for the contract work.

3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

7.10 AWARD A PROFESSIONAL SERVICES AGREEMENT TO MERRELLJOHNSON ENGINEERING FOR THE HEADQUARTERS DRIVE SEWER

IMPROVEMENTS

1. Award a Professional Services Agreement to Merrell-Johnson for the Headquarters Drive Sewer Improvements project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

2. Approve Budget Amendment Request transferring $100,000 from Sewer Manhole Cover Replacement, Assessment District No. 2-A.

7.11 APPROVE AMENDMENT NO. 1 TO SAN BERNARDINO COUNTY

CENTRAL ROAD AND OTHER ROADS CHIP SEAL AND OVERLAY

AGREEMENT
Approve and sign the attached Addendum No. 1 to the Cooperative Agreement with the County of San Bernardino for the Central Road and Other Roads Chip Seal and Overlay Project.

7 7.12 AWARD A PROFESSIONAL SERVICES AGREEMENT TO DAVID

EVANS & ASSOCIATES FOR THE MUNI ROAD DRIVEWAY PROJECT

1. Award a Professional Services Agreement to David Evans and Associates for the Muni Road Driveway project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

2. Approve Budget Amendment Request transferring $100,000 from Stoddard Wells Road Widening Project.

7.13 APPROVING AND AUTHORIZING TRANSMITTAL OF A RECOGNIZED

OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET
FOR FISCAL YEAR 2022-23
Adopt a resolution approving and authorizing transmittal of a Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2022-23

7.14 OPTING INTO NATIONAL OPIOID SETTLEMENT
It is recommended that the Town Council adopt resolution 2021-35 authorizing the Town Manager to: A. Opt into settlement agreement with opioid distributors, Amerisource, Bergen, Cardinal Health, and McKesson, and direct the Town Manager to execute any documents necessary to implement the action. B. Opt into settlement agreement with opioid manufacturer, Janssen (owned by Johnson & Johnson) and direct the Town Manager to execute any documents necessary to implement the action.

8. Public Hearings

8.1 GENERAL PLAN AMENDMENT NO. 2021-001 AND DEVELOPMENT CODE AMENDMENT NO. 2021-002; AN AMENDMENT TO THE TEXT

OF THE LAND USE ELEMENT OF THE GENERAL PLAN CREATING

AN OVERLAY WITHIN THE REGIONAL COMMERCIAL (CR) DISTRICT

THAT WOULD ALLOW ECOMMERCE FULFILLMENT AND
DISTRIBUTION CENTERS AND AN AMENDMENT TO TITLE 9
"DEVELOPMENT CODE" OF THE TOWN OF APPLE VALLEY
MUNICIPAL CODE SECTIONS 9.35.020 AND 9.35.030 CREATING A 978 ACRE OVERLAY WITHIN THE REGIONAL COMMERCIAL (CR)

DISTRICT THAT WOULD ALLOW ECOMMERCE FULFILLMENT AND
DISTRIBUTION CENTERS.

8 A. Adopt the Mitigated Negative Declaration finding for General Plan Amendment No. 2021-001 and Development Code Amendment No. 2021-002 on the basis of the whole record before the Town Council, including the Initial Study and any comments received, and there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Town’s independent judgment and analysis.

B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2021-007 adopted November 3, 2021, support the required Findings for approval of the proposed General Plan Amendment and Development Code Amendment and adopt the Findings.

C. Move to adopt Resolution No. 2021-37 amending the text of the General Plan of the Town of Apple Valley creating an overlay within the Regional Commercial (CR) District that would allow eCommerce fulfillment and distribution centers.

D. Move to waive the reading of Ordinance No. 547 in its entirety and read by title only.

E. Introduce Ordinance No. 547 approving Development Code Amendment No. 2021-002; and
F. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.

Mayor Leon opened the public hearing at 7:38 p.m.

Daniel Alcayaga, Planning Manager, presented the staff report as filed with the Town Clerk.

There being no requests to speak, Mayor Leon closed the public hearing at 7:49 p.m.

Motion by: Council Member Scott Nassif
Seconded by: Council Member Curt Emick
To approve recommendations A-D
Yes (5): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif, Mayor Pro Tem Art Bishop and Mayor Kari Leon.

9 Carried (5 to 0)
Motion by: Council Member Scott Nassif
Seconded by: Council Member Curt Emick
To approve items E and F
Yes (5): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif, Mayor Pro Tem Art Bishop and Mayor Kari Leon
Carried (5 to 0)

9. Business of the Council

9.1 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN FOR

THE TOWN OF APPLE VALLEY
Approve Resolution No. 2021-37, A Resolution of the Town Council of the Town of Apple Valley amending the current Classification and Salary Plan for the Town of Apple Valley.

Doug Robertson, Town Manager, presented the staff report as filed with the Town Clerk.

Kristine Shoup, Human Resource Manager, explained the process that was used to develop the amendment to the classification and salary plan.

Motion by: Mayor Pro Tem Art Bishop
Seconded by: Council Member Larry Cusack
Approve Resolution No. 2021-37, A Resolution of the Town Council of the Town of Apple Valley amending the current Classification and Salary Plan for the Town of Apple Valley.

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

10 9.2 FY 2021-22 LAW ENFORCEMENT SERVICES CONTRACT
Approve the addition of three Sheriff Deputies to the FY 2021-22 Law Enforcement Services Contract effective January 1, 2022, or as soon as possible thereafter, and authorize the Town Manager or designee to process all documents required for the contract amendment.

Doug Robertson, Town Manager, presented the staff report as filed with the Town Clerk.

Motion by: Council Member Larry Cusack
Seconded by: Mayor Pro Tem Art Bishop
Approve the addition of three Sheriff Deputies to the FY 2021-22 Law Enforcement Services Contract effective January 1, 2022, or as soon as possible thereafter, and authorize the Town Manager or designee to process all documents required for the contract amendment.

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

10. Reports, Requests and Communications

11. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, commented on upcoming events.

12. Closed Session
To Adjourn the regular meeting to move into Closed Session at 8:13 p.m. to discuss the following:

12.1 Closed Session
A. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.

B. Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one or more potential cases.

C. Conference with Real Property Negotiators – Pursuant to Government Code. Section 54956.8. Property: Apple Valley Ranchos Water

11 Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); Authority Negotiator: Town Manager; Negotiating Parties: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation: Price and Terms of Payment.

D. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.

Upon returning from Closed Session at 9:47 p.m., the Town Attorney reported that the Town Council in Closed Session authorized its Town Attorney’s to file a Notice of Appeal in the matter of Town of Apple Valley vs. Apple Valley Ranchos Water Company also known as Liberty Utilities.

13. Adjournment
To adjourn the meeting of the Apple Valley Town Council at 9:48 p.m.

Kari Leon, Mayor La Vonda M-Pearson, Town Clerk

Town Council Agenda Report
Date: January 11, 2022
To: Honorable Mayor and Town Council
Subject: DECEMBER 2021 COMMERCIAL WARRANTS AND WIRE

TRANSFER SCHEDULES

From: Douglas Robertson, Town Manager
Submitted by: Sydnie Harris, Director of Finance
Finance
Budgeted Item: Yes No N/A

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

BACKGROUND
Pursuant to the Town’s Municipal Code the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to Town policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.

SUMMARY
Commercial warrants were issued from December 1 through December 31, 2021 in the amount of $7,191,922.23 covering issued warrant #’s 149883 – 150255. Also, wire transfers were made from December 1 through December 31, 2021 in the amount of $89,755.10.

The claims and/or demands covered by the attached list of warrants and wire transfers were audited as to the accuracy and availability of funds for payment thereof and said claims and/or demands are accurate, and the funds were available for payment thereof.

FISCAL IMPACT
373 Commercial Warrants were issued in the amount of $7,191,922.23 1 Wire Transfer payment was issued in the amount of $89,755.10

ATTACHMENTS
A. December Commerical Warrants
B. December Wire Transfer Schedule

Check # Date Vendor Description Check Total
149883 12/1/2021 TRASH REFUND TRASH REFUND 146.76
149884 12/1/2021 TRASH REFUND TRASH REFUND 140.18
149885 12/1/2021 TRASH REFUND TRASH REFUND 189.44
149886 12/1/2021 TRASH REFUND TRASH REFUND 191.76
149887 12/1/2021 TRASH REFUND TRASH REFUND 84.90
149888 12/1/2021 TRASH REFUND TRASH REFUND 172.11
149889 12/1/2021 TRASH REFUND TRASH REFUND 163.43
149890 12/1/2021 TRASH REFUND TRASH REFUND 173.32
149891 12/1/2021 TRASH REFUND TRASH REFUND 85.08
149892 12/1/2021 TRASH REFUND TRASH REFUND 230.27
149893 12/1/2021 TRASH REFUND TRASH REFUND 133.98
149894 12/1/2021 TRASH REFUND TRASH REFUND 82.56
149895 12/1/2021 TRASH REFUND TRASH REFUND 169.36
149896 12/1/2021 TRASH REFUND TRASH REFUND 192.86
149897 12/1/2021 TRASH REFUND TRASH REFUND 80.34
149898 12/1/2021 TRASH REFUND TRASH REFUND 81.64
149899 12/1/2021 TRASH REFUND TRASH REFUND 166.23
149900 12/1/2021 TRASH REFUND TRASH REFUND 83.26
149901 12/1/2021 TRASH REFUND TRASH REFUND 44.42
149902 12/1/2021 TRASH REFUND TRASH REFUND 137.32
149903 12/1/2021 TRASH REFUND TRASH REFUND 137.38
149904 12/1/2021 TRASH REFUND TRASH REFUND 136.18
149905 12/1/2021 TRASH REFUND TRASH REFUND 127.84
149906 12/1/2021 TRASH REFUND TRASH REFUND 21.45
149907 12/1/2021 TRASH REFUND TRASH REFUND 214.23
149908 12/1/2021 TRASH REFUND TRASH REFUND 216.96
149909 12/1/2021 TRASH REFUND TRASH REFUND 28.57
149910 12/1/2021 TRASH REFUND TRASH REFUND 150.32
149911 12/1/2021 TRASH REFUND TRASH REFUND 138.45
149912 12/1/2021 TRASH REFUND TRASH REFUND 42.85
149913 12/1/2021 TRASH REFUND TRASH REFUND 82.00
149914 12/1/2021 TRASH REFUND TRASH REFUND 9.14
Town of Apple Valley
Commercial Warrants
Month of December 2021

149915 12/1/2021 TRASH REFUND TRASH REFUND 40.48
149916 12/1/2021 TRASH REFUND TRASH REFUND 50.95
149917 12/1/2021 TRASH REFUND TRASH REFUND 99.96
149918 12/1/2021 TRASH REFUND TRASH REFUND 168.39
149919 12/1/2021 TRASH REFUND TRASH REFUND 154.48
149920 12/1/2021 TRASH REFUND TRASH REFUND 165.52
149921 12/1/2021 TRASH REFUND TRASH REFUND 380.29
149922 12/1/2021 TRASH REFUND TRASH REFUND 70.91
149923 12/1/2021 TRASH REFUND TRASH REFUND 52.60
149924 12/1/2021 TRASH REFUND TRASH REFUND 102.27
149925 12/1/2021 TRASH REFUND TRASH REFUND 19.75
149926 12/1/2021 TRASH REFUND TRASH REFUND 83.28
149927 12/1/2021 TRASH REFUND TRASH REFUND 34.06
149928 12/1/2021 TRASH REFUND TRASH REFUND 134.25
149929 12/1/2021 TRASH REFUND TRASH REFUND 12.04
149930 12/1/2021 TRASH REFUND TRASH REFUND 91.05
149931 12/1/2021 TRASH REFUND TRASH REFUND 172.59
149932 12/1/2021 TRASH REFUND TRASH REFUND 80.96
149933 12/1/2021 TRASH REFUND TRASH REFUND 220.92
149934 12/1/2021 TRASH REFUND TRASH REFUND 63.92
149935 12/1/2021 TRASH REFUND TRASH REFUND 32.85
149936 12/1/2021 TRASH REFUND TRASH REFUND 224.42
149937 12/1/2021 TRASH REFUND TRASH REFUND 131.42
149938 12/1/2021 TRASH REFUND TRASH REFUND 129.26
149939 12/1/2021 TRASH REFUND TRASH REFUND 18.35
149940 12/1/2021 TRASH REFUND TRASH REFUND 57.88
149941 12/1/2021 TRASH REFUND TRASH REFUND 161.66
149942 12/1/2021 TRASH REFUND TRASH REFUND 319.44
149943 12/1/2021 TRASH REFUND TRASH REFUND 35.01
149944 12/1/2021 TRASH REFUND TRASH REFUND 40.48
149945 12/1/2021 TRASH REFUND TRASH REFUND 66.66
149946 12/1/2021 TRASH REFUND TRASH REFUND 147.33
149947 12/1/2021 TRASH REFUND TRASH REFUND 241.31
149948 12/1/2021 TRASH REFUND TRASH REFUND 44.76
149949 12/1/2021 000096 ADSCOT PEST CONTROL INC. MONTHLY SERVICE 1,550.00 149950 12/1/2021 000102 ALBERTSONS LLC SUPPLIES 48.93
149951 12/1/2021 021342 AMAZON CAPITAL SERVICES SHADOW BOX FRAME 101.59 149952 12/1/2021 021091 AMERICAN BUSINESS BANK 05-515802 POWELL RETENTION 41,191.97 149953 12/1/2021 010143 AMERICAN FIDELITY ASSURANCE NOVEMBER 2021 PREMIUMS 5,632.72 149954 12/1/2021 022419 AMERICAN FLEET SERVICE BRAKE REPAIR 2,176.36

149955 12/1/2021 005923 ASCAP LICENSE FEE 741.50
149956 12/1/2021 000150 AVCOM SERVICES INC. ANSWERING SERVICE 195.00 149957 12/1/2021 000192 BATTERY MART BATTERIES 92.48
149958 12/1/2021 000193 RICHARD BATTISTA GRAFFITI REMOVAL 999.60 149959 12/1/2021 003649 BECK OIL INC. FUEL 283.86
149960 12/1/2021 000182 BURRTEC WASTE INDUSTRIES INC 13450 NOMWACKET RD 1,721.06 149961 12/1/2021 000914 CAPITAL ONE SUPPLIES 309.65
149962 12/1/2021 000088 CHARLES ABBOTT ASSOCIATES OCTOBER 2021 ENGINEERING SERVICES 144,510.00 149963 12/1/2021 008857 CHLIC-CHICAGO NOVEMBER 2021 PREMIUMS 1,396.70 149964 12/1/2021 020726 CHRIST THE SOLID ROCK 21/22 CDBG PUBLIC SERVICE INVOICE 2,500.00 149965 12/1/2021 000777 COUNTY OF SAN BERNARDINO OCTOBER SERVICES 142,483.36 149966 12/1/2021 001628 DELL MARKETING L.P. 45 WATT ADAPTER 39.86 149967 12/1/2021 002842 DOKKEN ENGINEERING BVR BRIDGE CONDITION ANALYSIS 85,154.65 149968 12/1/2021 003645 DEON DRAKE 11/21/21 BASKETBALL 20.00 149969 12/1/2021 000387 EDISON COMPANY 10/21/21 TO 11/19/21 552.02 149970 12/1/2021 000407 FEDEX SHIPPING 20.09
149971 12/1/2021 011409 FIDELITY SECURITY LIFE INS / NOVEMBER 2021 PREMIUMS 871.20 149972 12/1/2021 000679 G.A. OSBORNE PIPE & SUPPLY PARTS 81.94 149973 12/1/2021 022492 JOSEPH GATCHALIAN BASKETBALL REFUND 76.00 149974 12/1/2021 000822 GOLDEN STATE WATER COMPANY SERVICE AT SYCAMORE PARK 664.48 149975 12/1/2021 019580 GOVINVEST INC. FY 21 GASB 75 1,700.00 149976 12/1/2021 004935 HDL SOFTWARE LLC SERVICES ENDING 9/30/21 322.58 149977 12/1/2021 009475 HESPERIA OUTDOOR POWER EQUIP PARTS 36.73 149978 12/1/2021 000500 HINDERLITER DE LLAMAS & ASSOC SALES TAX & AUDIT SERVICES OCT-DEC 21 2,121.75 149979 12/1/2021 000501 HITT PLUMBING CO., INC. RETENTION POND 487.50 149980 12/1/2021 000520 IMPERIAL SPRINKLER SUPPLY PARTS 833.86 149981 12/1/2021 021301 JASON CHAIDEZ LANDSCAPE MAINTENANCE CONTRACT PW2021-01
16,315.52
149982 12/1/2021 000168 LIBERTY UTILITIES 9/23/21 TO 11/22/21 20,933.20 149983 12/1/2021 005351 LOWE'S (LAR) PARTS 132.44
149984 12/1/2021 006760 MERIDIAN URGENT CARE EXAMS 120.00 149985 12/1/2021 018836 MARIA MURO OCTOBER 2021 AQUA ZUMBA 423.60 149986 12/1/2021 018484 NEW YORK LIFE NOVEMBER 2021 PREMIUMS 1,051.80 149987 12/1/2021 011959 NIEMELA PAPPAS & ASSOCIATES LEGISLATIVE AFFAIRS 3,000.00 149988 12/1/2021 002599 OFFICE DEPOT SUPPLIES 991.73
149989 12/1/2021 008206 O'REILLY AUTO PARTS PARTS 21.53 149990 12/1/2021 012232 AARON PARKER 11/21/21 BASKETBALL 40.00 149991 12/1/2021 009804 PARSONS TRANSPORTATION GROUP SR18 & AV Rd Construction Management 96,847.90 149992 12/1/2021 012223 ISAAC PIEPER 11/21/21 BASKETBALL 40.00

149993 12/1/2021 020216 POWELL CONSTRUCTION INC SR18 & AV RD 782,647.37 149994 12/1/2021 018332 PRINCIPAL NOVEMBER 2021 PREMIUMS 9,521.10 149995 12/1/2021 008771 PRUDENTIAL OVERALL SUPPLY MATS 671.11 149996 12/1/2021 005036 QUADIENT FINANCE USA, INC POSTAGE 3,000.00 149997 12/1/2021 022494 RHA LANDSCAPE ARCHITECTS- PROP 68 PARKS DESIGN 24,000.00 149998 12/1/2021 014872 DEBBIE RIVERA ASAP 725.57
149999 12/1/2021 022418 ROBIN RONQUILLO BOOTS REIMBURSEMENT 200.00 150000 12/1/2021 011479 ROW TRAFFIC SAFETY, INC SIGNS 5,703.86 150001 12/1/2021 014191 SAFELITE AUTOGLASS SOLAR VISOR 229.89 150002 12/1/2021 000769 SAN BERNARDINO COUNTY FY 21/22 DUES 9,195.00 150003 12/1/2021 000782 SAN BERNARDINO COUNTY FCCON-2021-00101 6,500.00 150004 12/1/2021 000787 SAN BERNARDINO COUNTY SHERIFF'S

DEPARTMENT
NOVEMBER SERVICES 1,345,714.00
150005 12/1/2021 010082 SIERRA GOLF MANAGEMENT, INC SPECTRUM 973.99 150006 12/1/2021 015313 SILVER VALLEY PROPANE PROPANE 115.34 150007 12/1/2021 022493 SOUTHERN CALIFORNIA CHAPTER PAMELA QUICK MEMBERSHIP 158.00 150008 12/1/2021 018667 SOUTHWEST TURF SUPPORT, INC KNIFE PLUS 743.48 150009 12/1/2021 022417 TEAMCALIFORNIA ECONOMIC BOOT PARTICPANT FEE 4,500.00 150010 12/1/2021 001332 TERRA NOVA PLANNING & RESEARCH ELEMENT AMENDMENTS 54,924.41 150011 12/1/2021 011408 TEXAS LIFE INSURANCE CO. NOVEMBER 2021 PREMIUMS 1,186.54 150012 12/1/2021 001758 UNITED SITE SERVICES INC. WEEKLY SERVICE 1,243.86 150013 12/1/2021 000891 USA BLUEBOOK GLOVES 1,018.27
150014 12/1/2021 016743 RICHARD VARGAS 11/21/21 BASKETBALL 100.00 150015 12/1/2021 006252 VICTOR VALLEY COLLEGE PRESIDENTS CIRCLE 1,000.00 150016 12/1/2021 001278 VULCAN MATERIALS COLD MIX 286.12 150017 12/1/2021 008788 ZURICH NORTH AMERICA NOVEMBER 2021 PREMIUMS 142.70 150018 12/6/2021 020736 C & C DESIGN 19322 TOMAHAWK DEBRI REFUND 501.63 150019 12/6/2021 000914 CAPITAL ONE SUPPLIES 171.36
150020 12/6/2021 008206 O'REILLY AUTO PARTS POWER WASHER 47.40 150021 12/8/2021 007796 360 FREESTYLE GYMNASTICS NOVEMBER GYMNASTICS 210.00 150022 12/8/2021 008201 ABF PRINTS, INC. AVCE POSTCARDS 5,421.94 150023 12/8/2021 000102 ALBERTSONS LLC SUPPLIES 101.77
150024 12/8/2021 021342 AMAZON CAPITAL SERVICES CHIRSTMAS SOCIAL DISTANCING 29.57 150025 12/8/2021 022496 AMERICAN EXPRESS 8-61022 CORP MEM LINKAGE FEE 52.50 150026 12/8/2021 000142 ANIMAL EMERGENCY CLINIC EXAM 281.00 150027 12/8/2021 000143 APPLE VALLEY ANIMAL HOSPITAL SPAY/NEUTER VOUCHER 225.00 150028 12/8/2021 001017 APPLE VALLEY FEED BIN SM/MED MOUSE 137.10 150029 12/8/2021 001864 APPLE VALLEY TIRE VEHICLE REPAIR 20.00 150030 12/8/2021 013627 ARAGON GEOTECHNICAL, INC. STODDARD WELLS ROAD 36,378.20

150031 12/8/2021 000199 B B & K BURTON CHRISTINA 31,771.00 150032 12/8/2021 002298 BEAR VALLEY ANIMAL HOSPITAL MISC CAT/DOG 2,561.30 150033 12/8/2021 001369 BOOT BARN, INC. MANASSEH BOOTS 150.00 150034 12/8/2021 014446 RYAN BUETER HOLIDAY PARTY ENTERTAINMENT 1,750.00 150035 12/8/2021 000182 BURRTEC WASTE INDUSTRIES INC FOOD WASTE 364.76 150036 12/8/2021 000914 CAPITAL ONE SUPPLIES 243.53
150037 12/8/2021 003378 MARY ANNE CARROLL NOVEMBER YOGA 194.02 150038 12/8/2021 000284 CDW GOVERNMENT, INC. HP INK 312.69 150039 12/8/2021 014675 CONVERGINT TECHNOLOGIES LLC INTERVIEW ROOMS & CAMERA PHASE I R1 20,782.00 150040 12/8/2021 000087 COUNTY OF SAN BERNARDINO CE LIENS 3,581.00 150041 12/8/2021 001216 COUNTY OF SAN BERNARDINO- ISD RADIOS 2,773.38 150042 12/8/2021 022495 PAMELA CUPP RETIREE HEALTH REIMBURSEMENT 892.60 150043 12/8/2021 001093 DESERT TRUCK SUPPLY VEHICLE INSPECTION 38.31 150044 12/8/2021 000387 EDISON COMPANY 6/9/21 TO 7/8/21 6,671.17 150045 12/8/2021 022410 RYAN ELLIOTT 21284 NANDINA ST PERMIT REFUND 85.46 150046 12/8/2021 012826 FLYERS ENERGY, LLC FUEL FOR PD 1,200.35 150047 12/8/2021 000679 G.A. OSBORNE PIPE & SUPPLY PARTS 91.65 150048 12/8/2021 013705 GOLDEN STATE FIRE PROTECTION 5 YEAR INSPECTION 900.00 150049 12/8/2021 000822 GOLDEN STATE WATER COMPANY 10/27/21 TO 11/24/21 1,868.13 150050 12/8/2021 000480 HI DESERT TROPHY & AWARDS LLC RETIREMENT PLAQUE 261.00 150051 12/8/2021 000488 HIGH DESERT LASER GRAPHICS WATSON BADGE 8.70 150052 12/8/2021 000507 HOME DEPOT PARTS 592.04
150053 12/8/2021 000520 IMPERIAL SPRINKLER SUPPLY GLUE RED HOT GLUE LOW VOC 65.66 150054 12/8/2021 022497 IPAY SOLUTIONS IPAY PAYMENT ERROR-DUPLICATE PAYMENTS 2,744.03 150055 12/8/2021 021301 JASON CHAIDEZ LANDSCAPE MAINTENANCE CONTRACT PW2021-01
325.40
150056 12/8/2021 021345 KONICA MINOLTA PREMIER FINANCE COPIERS 916.96 150057 12/8/2021 001240 LESLIE'S POOL SUPPLIES TEST KIT 119.43 150058 12/8/2021 000168 LIBERTY UTILITIES 10/25/21 TO 11/23/21 6,872.40 150059 12/8/2021 005351 LOWE'S (LAR) PARTS 193.88
150060 12/8/2021 CITATION REFUND CITATION REFUND 15000 DALE EVANS PKWY 75.00 150061 12/8/2021 001190 MISSION UNIFORM SERVICE MATS 40.27 150062 12/8/2021 002455 MOBILE OCCUPATIONAL SERVICES EXAMS 120.00 150063 12/8/2021 000634 BILL MOCHARNUK NOVEMBER TENNIS 371.00 150064 12/8/2021 014284 JOLE MORTON NOVEMBER SOUL CONNECT 23.40 150065 12/8/2021 018836 MARIA MURO NOVEMBER ZUMBA 282.45 150066 12/8/2021 010385 MELANIE MYERS NOVEMBER ACTING 378.00 150067 12/8/2021 007673 MYONLINEBILL.COM MY ONLINE BILL PAY FEES NOVEMBER 2,090.28

150068 12/8/2021 022498 O.F. WOLFINBARGER, INC CITRUS CHIP 4,232.42 150069 12/8/2021 002599 OFFICE DEPOT SUPPLIES 299.53
150070 12/8/2021 008206 O'REILLY AUTO PARTS PARTS 143.92 150071 12/8/2021 008771 PRUDENTIAL OVERALL SUPPLY MATS 344.18 150072 12/8/2021 000729 R&R PRODUCTS PARTS 148.52
150073 12/8/2021 021425 HAILEY RICHLING NOVEMBER TAP & BALLET 696.60 150074 12/8/2021 011479 ROW TRAFFIC SAFETY, INC SIGN MOUNT 339.41 150075 12/8/2021 000062 RSG, INC FY 21-22 SUCCESSOR AGENCY 6,785.00 150076 12/8/2021 012491 SCMAF NOVEMBER INSURANCES 209.10 150077 12/8/2021 000787 SAN BERNARDINO COUNTY SHERIFF'S

DEPARTMENT
DECEMBER 2021 SERVICES 1,345,714.00
150078 12/8/2021 002055 SHRED-IT, C/O STERICYCLE, INC SHREDDING 387.96 150079 12/8/2021 010082 SIERRA GOLF MANAGEMENT, INC AVGC AMAZON EXPENSES 20,705.79 150080 12/8/2021 015313 SILVER VALLEY PROPANE PROPANE 12.78 150081 12/8/2021 000809 SMART & FINAL SUPPLIES 293.40
150082 12/8/2021 018456 KENNETH SOUSA TELEPROMPTER APP REIMBURSEMENT 16.99 150083 12/8/2021 010275 SPARKLETTS WATER 62.04
150084 12/8/2021 001475 SHARI TAYLOR NOVEMBER BATON 91.80 150085 12/8/2021 022142 THE ALTUM GROUP Contract Planning Services 4,072.50 150086 12/8/2021 021213 THE GREATER HIGH DESERT TOAV MEMBERSHIP 91+ EMPLOYEES 975.00 150087 12/8/2021 002855 U.S. BANK CORP. PMT SYSTEM NOVEMBER CAL CARD PURCHASES 8,873.09 150088 12/8/2021 000884 UNDERGROUND SERVICE ALERT- MONTHLY TICKETS 369.70 150089 12/8/2021 000890 CHRIS URMSTON NOVEMBER TAI CHI 210.97 150090 12/8/2021 000893 V.V.W.R.A. 19337 BIRDIE WAY 35,966.89 150091 12/8/2021 000166 VALLEYWIDE NEWSPAPERS LLC NOTICE OF INTENT TO ADOPT 264.00 150092 12/8/2021 016981 JONATHON VASQUEZ NOVEMBER JIU JITSU 135.80 150093 12/8/2021 000900 VICTOR VALLEY ANIMAL SPAY/NEUTER VOUCHER 80.00 150094 12/8/2021 014442 VICTORVILLE POST OFFICE POSTAGE FOR 22 WINTER/SPRING

BROCHURE
5,161.13
150095 12/8/2021 000909 VOYAGER NOVEMBER FUEL 11,997.19 150096 12/8/2021 000923 WAXIE SANITARY SUPPLY SUPPLIES 1,842.37 150097 12/8/2021 013692 WPONCALL WEBSITE MAINTENANCE 300.00 150098 12/16/2021 008201 ABF PRINTS, INC. AVCE POSTCARDS 784.16 150099 12/16/2021 000096 ADSCOT PEST CONTROL INC. PEST CONTROL 155.00 150100 12/16/2021 021342 AMAZON CAPITAL SERVICES BOOK FACTORY GUEST BOOK 63.53 150101 12/16/2021 013521 APPLE VALLEY CAR WASH CAR WASHES 118.93 150102 12/16/2021 000154 APPLE VALLEY COMMUNICATION INC LABOR 1,691.00 150103 12/16/2021 001017 APPLE VALLEY FEED BIN STRAW 30.84 150104 12/16/2021 001864 APPLE VALLEY TIRE VEHICLE REPAIR 172.72

150105 12/16/2021 001864 APPLE VALLEY TIRE VEHICLE REPAIR 20.00 150106 12/16/2021 019613 AUS WEST LOCKBOX UNIFORMS 91.20 150107 12/16/2021 001528 AVUSD SEPT & OCT FINES & FORFEITURES 676.36 150108 12/16/2021 000199 B B & K LIRIGATION 29,411.50
150109 12/16/2021 000192 BATTERY MART BATTERIES 71.12
150110 12/16/2021 000193 RICHARD BATTISTA GRAFFITI REMOVAL 1,275.00 150111 12/16/2021 002256 BEACON ATHLETICS HOME PLATE 826.45 150112 12/16/2021 002298 BEAR VALLEY ANIMAL HOSPITAL K-9 TRAP & RELEASE 819.50 150113 12/16/2021 003649 BECK OIL INC. FUEL 1,563.15
150114 12/16/2021 021350 BURRTEC WASTE IND, INC. 13450 NOMWACKET RD 6,584.92 150115 12/16/2021 015315 CALPINE ENERGY SERVICES LP 44501 26,773.98 150116 12/16/2021 000914 CAPITAL ONE SUPPLIES 284.99
150117 12/16/2021 000285 CED LIGHTS 176.72
150118 12/16/2021 008693 COMMERCIAL AQUATIC SERVICES BULK C02 152.42 150119 12/16/2021 000087 COUNTY OF SAN BERNARDINO ANIMAL SERVICES LIENS 80.00 150120 12/16/2021 000773 COUNTY OF SAN BERNARDINO GPA 2021-001 DCA 2021-002 2,530.25 150121 12/16/2021 009556 CUES SOFTWARE PREMIUM SUPPORT 1,800.00 150122 12/16/2021 014905 DESTINY RENTAL SERVICES 20 ADDITIONAL PEOPLE 4,600.00 150123 12/16/2021 010681 DRUCKENMILLER ROOFING ROOF REPAIR 450.00 150124 12/16/2021 000387 EDISON COMPANY 11/4/21 TO 12/6/21 2,554.99 150125 12/16/2021 000407 FEDEX SHIPPING 76.82
150126 12/16/2021 014844 FISH WINDOW CLEANING WINDOW CLEANING 429.00 150127 12/16/2021 022269 THE MICHELSON FOUND ANIMALS
FOUNDATION, INC.

MICROCHIP 551.00
150128 12/16/2021 000897 FRONTIER COMMUNICATIONS PHONE CHARGES 2,466.98 150129 12/16/2021 000679 G.A. OSBORNE PIPE & SUPPLY PARTS 740.63 150130 12/16/2021 000475 HESPERIA HOSE SUPPLY HOSE REPAIR 41.16 150131 12/16/2021 012567 HITT CONSTRUCTION CO., INC. TP HOLDERS 1,185.25 150132 12/16/2021 000507 HOME DEPOT PARTS 5.62
150133 12/16/2021 021301 JASON CHAIDEZ RETENTION RELEASE 17,709.20 150134 12/16/2021 020279 JOHNSON CONTROLS BOILER REPAIR 2,827.50 150135 12/16/2021 000548 JON'S FLAGS & POLES INC. FLAGS 66.27 150136 12/16/2021 007034 KONICA MINOLTA COPIERS 6,051.88 150137 12/16/2021 006565 KONICA MINOLTA BUSINESS 10/25/21 TO 11/24/21 64.76 150138 12/16/2021 000168 LIBERTY UTILITIES 10/4/21 TO 12/2/21 5,112.77 150139 12/16/2021 002187 LINCOLN AQUATICS MISC. SUPPLIES 355.54 150140 12/16/2021 VOID VOID 0.00
150141 12/16/2021 015365 MARIN CLEAN ENERGY (MCE) NOVEMBER RA LA BASIN 12,375.00 150142 12/16/2021 020883 ANDREW MARIN BOOTS REIMBURSEMENT 146.53 150143 12/16/2021 006760 MERIDIAN URGENT CARE EXAMS 120.00

150144 12/16/2021 001190 MISSION UNIFORM SERVICE MATS 40.27 150145 12/16/2021 002368 MWI ANIMAL HEALTH MISC. MEDS 2,375.56 150146 12/16/2021 000654 NAPA AVGC PARTS PAID TWICE 26.55 150147 12/16/2021 002599 OFFICE DEPOT SUPPLIES 281.27
150148 12/16/2021 008206 O'REILLY AUTO PARTS PARTS 38.97 150149 12/16/2021 009276 PARS 44470 459.47
150150 12/16/2021 008771 PRUDENTIAL OVERALL SUPPLY MATS 819.30 150151 12/16/2021 005036 QUADIENT FINANCE USA, INC POSTAGE 454.10 150152 12/16/2021 015373 QUINN COMPANY PERFORM PM2 1,412.78 150153 12/16/2021 022499 KRIS RAUM RENTAL REFUND 300.50 150154 12/16/2021 022111 ROBERT J STONE RETENTION RELEASE 83,352.55 150155 12/16/2021 011479 ROW TRAFFIC SAFETY, INC PARTS 2,196.66 150156 12/16/2021 000062 RSG, INC FY21-22 SUCCESSOR AGENCY 2,997.50 150157 12/16/2021 000766 SAFEWAY SIGN COMPANY AAE SPACE FORCE JROTC 538.76 150158 12/16/2021 010082 SIERRA GOLF MANAGEMENT, INC WILBUR ELLIS 2,339.19 150159 12/16/2021 000825 SOUTHWEST GAS CORPORATION 11/5/21 TO 12/7/21 8,574.71 150160 12/16/2021 018717 SPECTRUM 11/15/21 TO 12/14/21 6,313.96 150161 12/16/2021 000841 STATE OF CALIFORNIA- D.O.J. AUGUST LIVESCANS 418.00 150162 12/16/2021 000171 TOWN OF APPLE VALLEY DECEMBER SEWER SERVICES 3,040.62 150163 12/16/2021 001758 UNITED SITE SERVICES INC. WEEKLY SERVICE 747.32 150164 12/16/2021 001769 VERIZON WIRELESS PHONE CHARGES 2,735.68 150165 12/16/2021 014586 VSS INTERNATIONAL, INC RETENTION RELEASE 40,673.50 150166 12/16/2021 001278 VULCAN MATERIALS COLD MIX 200.95 150167 12/16/2021 000923 WAXIE SANITARY SUPPLY SUPPLIES 2,280.96 150168 12/16/2021 021348 WINSUPPLY SUPPLIES 214.84
150169 12/16/2021 001154 YUNEX TRAFFIC TRAFFIC SIGNAL MAINTENANCE 5,426.28 150170 12/16/2021 005351 LOWE'S (LAR) PARTS 697.49
150171 12/17/2021 014446 RYAN BUETER HOLIDAY PARTY 1,750.00 150172 12/22/2021 000120 CINDY AMAGRANDE RETIREE HEALTH REIMBURSEMENT 11.16 150173 12/22/2021 000126 AMERICAN COMPUTER SERVICE PROGRAMMING 13,960.83 150174 12/22/2021 010143 AMERICAN FIDELITY ASSURANCE DECEMBER 2021 PREMIUM 5,632.72 150175 12/22/2021 000142 ANIMAL EMERGENCY CLINIC EXAM 90.00 150176 12/22/2021 000143 APPLE VALLEY ANIMAL HOSPITAL SPAY/NEUTER VOUCHER 150.00 150177 12/22/2021 001864 APPLE VALLEY TIRE VEHCILE REPAIR 40.00 150178 12/22/2021 019613 AUS WEST LOCKBOX UNIFORMS 45.60 150179 12/22/2021 000192 BATTERY MART BATTERIES 10.78
150180 12/22/2021 002298 BEAR VALLEY ANIMAL HOSPITAL MISC CATS/DOGS 806.50 150181 12/22/2021 000197 BEAR VALLEY PARTY RENTALS CHRISTMAS TREE LIGHTING 790.98 150182 12/22/2021 000182 BURRTEC WASTE INDUSTRIES INC AS 625,868.25 150183 12/22/2021 001247 MICHAEL CADY RETIREE HEALTH REIMBURSEMENT 489.78

150184 12/22/2021 000251 CALIFORNIA JPIA ANNUAL CONTRIBUTION FY 21-22 669,012.00 150185 12/22/2021 000914 CAPITAL ONE SUPPLIES 31.84
150186 12/22/2021 000285 CED LIGHTS 161.77
150187 12/22/2021 001347 CERTIFIED CREDIT REPORTING INC CREDIT X 34.00 150188 12/22/2021 008857 CHLIC-CHICAGO DECEMBER 2021 PREMIUM 1,475.88 150189 12/22/2021 000904 CITY OF VICTORVILLE 20-21 HOME ADMIN FUNDS 43,123.27 150190 12/22/2021 008693 COMMERCIAL AQUATIC SERVICES BULK C02 167.29 150191 12/22/2021 000313 COOLEY CONSTRUCTION, INC STREET REPAIRS/MAINTENANCE SERVICES 9,784.00 150192 12/22/2021 000330 DENNIS CRON RETIREE HEALTH REIMBURSEMENT 2,102.16 150193 12/22/2021 022495 PAMELA CUPP RETIREE HEALTH REIMBURSEMENT 892.60 150194 12/22/2021 000347 DAILY PRESS OCTOBER NEIGHBORHOOD CLEANUP 254.52 150195 12/22/2021 001680 DANIEL L. JERMAN CO. METERS 3,666.00 150196 12/22/2021 002842 DOKKEN ENGINEERING BVR BRIDGE CONDITION ANALYSIS 65,544.00 150197 12/22/2021 022500 LATRICE DONERSON SPAY/NEUTER REFUND 85.00 150198 12/22/2021 000387 EDISON COMPANY 11/15/21 TO 12/14/21 38,349.27 150199 12/22/2021 003402 EL DORADO BROADCASTERS LLC TURKEY RUN ADS 1,780.00 150200 12/22/2021 004734 FAUST MEDIA SERVICES 2022 CALENDARS 2,930.80 150201 12/22/2021 000407 FEDEX SHIPPING 56.14
150202 12/22/2021 011409 FIDELITY SECURITY LIFE INS / DECEMBER 2021 PREMIUM 880.81 150203 12/22/2021 018724 KAREN GONZALEZ 22 SPRING BROCHURE ART 2,000.00 150204 12/22/2021 021173 GOSS ENGINEERING, INC. MENDEL RESTROOMS 777.00 150205 12/22/2021 020241 CRAIG HALE BOOTS REIBMURSMENT 183.16 150206 12/22/2021 016984 MARIBEL HERNANDEZ LUNCH IN FOR GIFT EXCHANGE 183.73 150207 12/22/2021 000480 HI DESERT TROPHY & AWARDS LLC AWARD PLAQUES 445.88 150208 12/22/2021 000501 HITT PLUMBING CO., INC. BUILDING AND SAFETY PUMP 250.00 150209 12/22/2021 000520 IMPERIAL SPRINKLER SUPPLY PARTS 58.32 150210 12/22/2021 012832 INTERVET, INC. MICROCHIP 1,346.88 150211 12/22/2021 021301 JASON CHAIDEZ LANDSCAPE MAINTENANCE CONTRACT PW2021-01
1,724.16
150212 12/22/2021 020279 JOHNSON CONTROLS PARTS 1,162.00 150213 12/22/2021 006565 KONICA MINOLTA BUSINESS 11/7/21 TO 12/6/21 34.41 150214 12/22/2021 022403 LORI LAMSON RETIREE HEALTH REIMBURSEMENT 866.44 150215 12/22/2021 000168 LIBERTY UTILITIES 10/15/21 TO 12/14/21 28,513.41 150216 12/22/2021 002187 LINCOLN AQUATICS BIG JOHN SUMP PUMP 269.38 150217 12/22/2021 015061 LOS RANCHOS OFFICE DECEMBER SPACE RENT 773.75 150218 12/22/2021 005351 LOWE'S (LAR) PARTS 387.41
150219 12/22/2021 001708 KENNETH MARTIN RETIREE HEALTH REIMBURSEMENT 201.20 150220 12/22/2021 000609 LINDA MAYFIELD RETIREE HEALTH REIMBURSEMENT 40.78 150221 12/22/2021 002048 MCCAIN PARTS 4,466.67
150222 12/22/2021 000612 DIANA MCKEEN RETIREE HEALTH REIMBURSEMENT 73.81

150223 12/22/2021 002622 TOM MCKEON RETIREE HEALTH REIMBURSEMENT 277.32 150224 12/22/2021 015206 MDG ASSOCIATES INC CDBG RESIDENTIAL REHAB OCTOBER 11,183.00 150225 12/22/2021 020574 CAROL MILLER RETIREE HEALTH REIMBURSEMENT 458.87 150226 12/22/2021 001499 LANCE MILLER RETIREE HEALTH REIMBURSEMENT 213.12 150227 12/22/2021 018484 NEW YORK LIFE DECEMBER 2021 PREMIUM 1,051.80 150228 12/22/2021 002599 OFFICE DEPOT SUPPLIES 288.66
150229 12/22/2021 008206 O'REILLY AUTO PARTS PARTS 40.99 150230 12/22/2021 018332 PRINCIPAL DECEMBER 2021 PREMIUM 10,073.31 150231 12/22/2021 008771 PRUDENTIAL OVERALL SUPPLY MATS 456.82 150232 12/22/2021 005036 QUADIENT FINANCE USA, INC POSTAGE 4,595.14 150233 12/22/2021 017778 PAMELA QUICK EDUCATION REIMBURSEMENT 338.49 150234 12/22/2021 000729 R&R PRODUCTS PARTS 1,062.89
150235 12/22/2021 021425 HAILEY RICHLING TAP & BALLET RECITAL 1,516.56 150236 12/22/2021 022048 DAWN SIMMONS RETIREE HEALTH REIMBURSEMENT 471.89 150237 12/22/2021 022501 JUANITA F. SMITH 12815 LAKOTA RD PERMIT REFUND 105.00 150238 12/22/2021 000814 KEVIN SMITH RETIREE HEALTH REIMBURSEMENT 311.39 150239 12/22/2021 000825 SOUTHWEST GAS CORPORATION 11/6/21 TO 12/8/21 1,493.96 150240 12/22/2021 010275 SPARKLETTS WATER 31.02
150241 12/22/2021 000848 SULLY-MILLER CONTRACTING CO. RESURFACING 2021-COLD MIX OVERLAY 518,308.81 150242 12/22/2021 022267 DIANNE SULZBERGER RETIREE HEALTH REIMBURSEMENT 447.25 150243 12/22/2021 002422 SWRCB ACCOUNTING OFFICE 7/1/21 TO 6/30/22 3,326.00 150244 12/22/2021 011408 TEXAS LIFE INSURANCE CO. DECEMBER 2021 PREMIUM 1,186.40 150245 12/22/2021 009943 TSR CONSTRUCTION & INSPECTION MENDEL PARK RESTROOM 100,795.00 150246 12/22/2021 016133 TYLER TECHNOLOGIES INC CASHIERING REFRESHER 1,000.00 150247 12/22/2021 000888 UNITED RENTALS CREDIT 578.37
150248 12/22/2021 000893 V.V.W.R.A. SEWEAGE TREATMENT 264,806.71 150249 12/22/2021 001278 VULCAN MATERIALS COLD MIX 304.12 150250 12/22/2021 000917 SUSAN WARD RETIREE HEALTH REIMBURSEMENT 268.65 150251 12/22/2021 000923 WAXIE SANITARY SUPPLY SUPPLIES 1,472.25 150252 12/22/2021 000945 JAMES WHITE RETIREE HEALTH REIMBURSEMENT 837.00 150253 12/22/2021 021348 WINSUPPLY PARTS 367.07
150254 12/22/2021 000940 EMILY WONG RETIREE HEALTH REIMBURSEMENT 72.29 150255 12/22/2021 008788 ZURICH NORTH AMERICA DECEMBER 2021 PREMIUM 142.70 373 Checks Total amount of checks: 7,191,922.23

Wire Reference Date Beneficiary Name Description Wire Total 93050643 12/17/2021 CHICAGO TITLE COMPANY LAND PURCHASE $ 89,755.10

TOWN OF APPLE VALLEY

WIRE TRANSFERS
MONTH OF DECEMBER 2021

Town Council Agenda Report
Date: January 11, 2022
To: Honorable Mayor and Town Council
Subject: DECEMBER 2021 PAYROLL/BENEFITS WARRANTS SCHEDULE

From: Douglas Robertson, Town Manager
Submitted by: Sydnie Harris, Director of Finance
Finance
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

BACKGROUND
Per Section 3.16.040 through 3.18.030 were applicable: Every claim and demand for employee payments and benefits, upon approval by individual departments, was collected and audited for accuracy. Every claim was due and owing by the Town; Budgeted or otherwise appropriated funds are available to said claim; the claim contains the approval of other departments and officials as required.

SUMMARY
Pursuant to the Town’s Municipal Code, the register of demands shall be presented to the Town Council at the next regular meeting thereof after preparation. The Town Council may approve, conditionally or partially approve or reject such register of demands and in connection therewith consider the recommendations of the Town Manager and Director of Finance. Further, the State Government Code provides that Staff may process and pay prior to ratification by the Town Council, demands properly made in the ordinary course of business, the just obligations of the Town, such as routine salaries and wages, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.

The Payroll / Benefits warrants issued from December 1 through December 31, 2021, in the amount of $519,275.56 net of voids, covering issued warrant #’s 67629 - 67691 and direct deposit advice #’s 9977797 – 9978072 are herewith submitted for approval.

FISCAL IMPACT

DATE TOTAL
12/10/2021 $259,216.67
12/24/2021 $260,058.89
TOTAL: $519,275.56
The payroll and benefit warrants issued, covering warrant #’s 67629 – 67691 and direct deposit advice #’s 9977797 – 9978072 inclusive, totaled $519,275.56. Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.

Town Council Agenda Report
Date: January 11, 2022
To: Honorable Mayor and Town Council
Subject: AUTHORIZATION TO ADVERTISE JESS RANCH LIFT STATION

UPGRADES
From: Douglas Robertson, Town Manager
Submitted by: Brad Miller, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. That the Town Council review and approve the bid documents for the Jess Ranch Lift Station Upgrades project.

B. That the Town Council authorize staff to solicit bids for construction of said project.

BACKGROUND
The existing Jess Ranch lift station was constructed to primarily service the Jess Ranch residential community to the south which is directly adjacent to the Mojave River. Since that time, the community has grown significantly with additional residential communities to the south and an expansive retail district to the north. Future development in the area west of Deep Creek Road will also be serviced by this lift station. Additional projects in the area have been proposed and conditionally approved requiring an upgraded lift station to adequately service the area when fully developed.

Public Works and Engineering staff selected Lee + Ro to evaluate the current condition and overall project needs. Upon completion of a feasibility study, a best alternative was selected. Lee + Ro finalized the design and will continue to monitor the project through completion.

ANALYSIS
Bid documents for the Jess Ranch Liftstaion Upgrades project have been prepared and are ready for approval and advertisement of bids. Staff has reviewed the documents and is satisfied that they meet the intent of the Town Council for this project. The documents are available to the Town Council for review, approval, and authorization to proceed with advertisement of the project. Staff recommends that the Town Council review bid

documents that are available in the Town Council Office, approve the documents, and direct staff to proceed with advertising for construction of the project.

FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2021-2022 budget.

There is no immediate impact for advertising this project.

ATTACHMENTS
A. Project Location

Project Location

Town Council Agenda Report
Date: January 11, 2022
To: Honorable Mayor and Town Council
Subject: RESURFACING 2021-COLD MIX OVERLAY ACCEPTANCE OF WORK
From: Douglas Robertson, Town Manager
Submitted by: Brad Miller, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. Accept the work completed as part of the Resurfacing 2021-Cold Mix Overlay for a total contract cost of $545,588.23
B. Direct the Town Clerk to file the Notice of Completion for the contract work.

C. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

BACKGROUND
As part of the Town’s annual paving priorities, staff evaluated the local roadways and determined priority areas in need of maintenance. The segments in this project required a thicker aggregate than what is used in the Town’s annual microsurface project. The Project generally consisted of providing necessary labor, equipment and materials for the application of cold mix asphalt on the listed segments.

ANALYSIS
Engineering staff inspected the project area and deemed the work to be complete and acceptable.

FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2021-2022 budget using Paving Priorities (2021-5210-9525-0000).

ATTACHMENTS
A. List of Segments
B. Notice of Completion

List of Segments
PIONEER ROAD OUTER HWY 18 NO. ESAWS AVENUE

POWHATAN ROAD CENTRAL ROAD MESQUITE ROAD

EYOTA ROAD PAUHASKA ROAD MESQUITE ROAD
MESQUITE ROAD HWY 18 (Apron) Outer HWY 18

MESQUITE ROAD LUCILLA ROAD NISQUALLY ROAD

SHASTA ROAD MANDAN ROAD SYMERON ROAD

WINTUN CORWIN ROAD ALEGHENY ROAD

Recording Requested by:

Town of Apple Valley
When Recorded mail to:

Town of Apple Valley
Town Clerk’s Office
14955 Dale Evans Parkway
Apple Valley, CA 92307
FOR RECORDER’S USE ONLY
Notice of Completion
This document is recorded at the request of and for the benefit of the Town of Apple valley, California, and is therefore exempt from the payment of the recording fee pursuant to Government Code Section 27383 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation code 11922.

NOTICE IS HEREBY GIVEN, that

1. The undersigned, Norman B. Miller, is the duly appointed and qualified Town Engineer of the 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 of the undersigned is 14955 Dale Evans Parkway, Apple Valley, California 92307.

2. That on the 9
th day of November, 2021, and pursuant to approval of the Town Council of the said Town, the Town entered into a contract with Sully-Miller Contracting Company, 135 S. State College Blvd. Suite 400, Brea, CA 92821 for the construction of the Resurfacing 2021-Cold Mix Overlay Project in the Town of Apple Valley in accordance with the Town of Apple Valley's Plans and Specifications.

3. That all of the said work or improvement was located in various locations, APN’s unknown, within the Town of Apple Valley.

4. That all of the said work or improvement contemplated in and under said contract was completed, and accepted by Council action, on January 11, 2022.

5. 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 $545,588.23 and $545,588.23.

6. Owners - Town of Apple Valley.

7. Nature of Interest – In fee/easement.

The undersigned, being the first duly sworn, says: That he is the duly appointed and qualified Town Engineer of the Town of Apple Valley, the political subdivision of the state of California which conducted the proceedings for the improvement located at 14955 Dale Evans Parkway, in said Town, described or referred to in the foregoing Notice; and that he has read the foregoing "Notice of Completion;" and knows the contents thereof, and that the facts recited therein are true.

I certify under penalty of perjury the foregoing is true and correct.

Apple Valley, CA. January 11, 2022
Norman B. Miller, Town Engineer of the Town of Apple Valley, California

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
TOWN OF APPLE VALLEY )ss.

Town Council Agenda Report
Date: January 11, 2022
To: Honorable Mayor and Town Council
Subject: CONSENT TO ADVERTISE BEAR VALLEY ROAD WIDENING FROM

CENTRAL ROAD TO QUINNAULT ROAD
From: Douglas Robertson, Town Manager
Submitted by: Brad Miller, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. That the Town Council review and approve the bid documents for the Bear Valley Road Widening from Central Road to Quinnault Road project B. That the Town Council authorize staff to solicit bids for construction of said project.

BACKGROUND
In its current configuration, Bear Valley Road, east of Central road, has a single travel lane in both directions. On the westerly side of Central, Bear Valley transitions to a single travel lane east of Quinnault Road. A design to construct a private development on the northeast corner of Central and Bear Valley has been approved with the intent of beginning construction in early 2022. A condition of approvael for the development is to widen Bear Valley (adjacent to the parcel) to full width. To accommodate the smooth flow of traffic, the Town will widen the westbound lane of Bear Valley from Central Road to Quinnault Road. Upon completion, there will be a minimum of two travel lanes of westbound traffic from Central Road to the westerly Town limit.

ANALYSIS
Bid documents for the Bear Valley Road Road Widening from Central Road to Quinnault Road Project have been prepared and are ready for approval and advertisement of bids.

Staff has reviewed the documents and is satisfied that they meet the intent of the Town Council for this project. The documents are available to the Town Council for review, approval, and authorization to proceed with advertisement of the project. Staff recommends that the Town Council review bid documents that are available in the Town Council Office, approve the documents, and direct staff to proceed with advertising for construction of the project.

FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2021-2022 budget using account 2021-5210-9561-0000. There is no immediate impact for advertising this project.

ATTACHMENTS
A. Project Location

PROJECT LOCATION

Town Council Agenda Report
Date: January 11, 2022
To: Honorable Mayor and Town Council
Subject: CONSENT TO ADVERTISE THE TOWN WIDE SCHOOL ZONE

TRAFFIC CONTROL UPDATE PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Brad Miller, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. That the Town Council review and approve the bid documents for the Town Wide School Zone Traffic Control Update project
B. That the Town Council authorize staff to solicit bids for construction of said project.

BACKGROUND
In July of 2020, the Town awarded a Professional Services Agreement to Michael Baker International to prepare a Local Roadway Safety Plan (LRSP) which will identify, analyze, and prioritize roadway improvements on local and rural roads. As a component of the LRSP, Michael Baker conducted a comprehensive study of each of the 17 school zones within the Town of Apple Valley to include all AVUSD and San Bernardino County schools as well as The Academy for Academic Excellence and Apple Valley Christian. The analysis provided Town Staff with recommended updates to the signing and striping in each school zone to ensure compliance with the updated Manual on Uniform Traffic Control Devices (MUTCD).

ANALYSIS
Bid documents for the Town Wide School Zone Traffic Control Update project have been prepared and are ready for approval and advertisement of bids. Staff has reviewed the documents and is satisfied that they meet the intent of the Town Council for this project.

The documents are available to the Town Council for review, approval, and authorization to proceed with advertisement of the project. Staff recommends that the Town Council review bid documents that are available in the Town Council Office, approve the documents, and direct staff to proceed with advertising for construction of the project.

FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2021-2022 budget using account 2021-5210-9207-0000. There is no immediate impact for advertising this project.

ATTACHMENTS
A. Vicinity Map

VICINITY MAP

TOWN OF APPLE VALLEY
Sheet 1 of 1 (NTS) TOWN WIDE SCHOOL ZONE ANALYSIS
1 2
14 3
4 5
6 7
8 9
10 11
12 13
15 17
16

Town Council Agenda Report
Date: January 11, 2022
To: Honorable Mayor and Town Council
Subject: SECOND READING OF ORDINANCE 547 OF THE TOWN OF APPLE VALLEY, CALIFORNIA, AMENDING TITLE 9 “DEVELOPMENT CODE”

OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE, SECTIONS

9.35.020 AND 9.35.030, CREATINGA 978 ACRE OVERLAY WITHIN

THE REGIONAL COMMERCIAL (CR) DISTRICT THAT WOULD

ALLOW ECOMMERCE FULFILLMENT AND DISTRIBUTION
CENTERS.

From: Douglas Robertson, Town Manager
Submitted by: Daniel Acayaga, AICP, Planning Manager
Planning
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Adopt Ordinance No. 547

BACKGROUND
At its December 14, 2021 meeting, the Town Council reviewed and introduced Ordinance 547 that amends the General Plan and Development Code to create an overlay allowing eCommerce fulfillment and distribution centers within the Regional Commercial (C-R) District in proximity to the Interstate 15 (I-15) freeway and Stoddard Wells Road Interchange. The proposed overlay would apply to 978 acres bounded by the I-15 freeway to the west, Dante Road to the south and Caplet Street to the north, and the C-R District’s boundary to the east. The Amendments would allow eCommerce fulfillment and distribution centers within this overlay to be subject to development standards (i.e., setbacks and height limitations) consistent with the C-R District to maintain consistency with new commercial developments. New eCommerce fulfillment and distribution centers would be subject to design standards, as well as parking and landscape regulations consistent with industrial uses/developments.

The proposed 978 acres overlay would extend approximately 1.5 miles to the north and

2.25 miles to the south of the I-15 & Stoddard Wells Road Interchange. The overlay would extend to the east boundary of the C-R District, which has a depth of approximately 1,000

feet to 4,200 feet from the I-15 Freeway. The north boundary of the overlay would be approximately 2.82 miles from I-15 & Dale Evans Parkway Interchange, or 2.5 miles to the south of the future Brightline West Station. The proposed overlay would not apply to the C-R District surrounding the Brightline West Station because the land surrounding the station could support regional commercial uses, such as restaurants, retail uses, and hotels to complement the station.

Ordinance No. 547 has been scheduled for adoption at the January 11, 2022 Town Council Meeting

FISCAL IMPACT
Not applicable.

ATTACHMENTS
A. Ordinance 547.

B. Mitigated Negative Declaration/Initial Study.

ORDINANCE NO. 547

AN ORDINANCE OF THE TOWN OF APPLE VALLEY,
CALIFORNIA, AMENDING TITLE 9 “DEVELOPMENT
CODE” OF THE TOWN OF APPLE VALLEY MUNICIPAL
CODE, SECTIONS 9.35.020 AND 9.35.030, CREATING A
978 ACRE OVERLAY WITHIN THE REGIONAL

COMMERCIAL (CR) DISTRICT THAT WOULD ALLOW

ECOMMERCE FULFILLMENT AND DISTRIBUTION
CENTERS.

WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley was adopted by the Town Council on April 27, 2010; and WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Development Code Amendment No. 2021-002 is consistent with the Town's General Plan and Title 9 "Development Code" of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley; and
WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Development Code Amendment No. DCA-2021-002 is consistent with the General Plan and Municipal Code of the Town of Apple Valley; WHEREAS, Specific changes are proposed to the Development Code of the Town of Apple Valley Municipal Code by amending Chapter 9.35 “Commercial and Office Districts”, Sections 9.35.020 and 9.35.030 allowing eCommerce fulfillment and distribution centers on 978 acres within the CR District bounded by Interstate 15 (I-15) freeway to the west, Dante Road to the south and Caplet Street to the north, and the CR District’s boundary to the east allows for warehouse distribution developments; and WHEREAS, on November 3, 2021, the Planning Commission of the Town of Apple Valley conducted a duly noticed public hearing on Development Code Amendment No. 2021-002, receiving testimony from the public and adopting Planning Commission Resolution No. 2021-007 forwarding a recommendation to the Council; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), pursuant to section 21067 of the Public Resources Code, and Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the Town of Apple Valley is the lead agency for the General Plan Amendment and Development Code Amendment (project); and

WHEREAS, Town of Apple Valley staff reviewed the project and prepared an Initial Study pursuant to State CEQA Guidelines section 15063; and WHEREAS, on the basis of the Initial Study, which concluded that the project would have potentially significant impacts but that those impacts could be reduced to less than significant levels with implementation of the proposed mitigation measures, the Town of Apple Valley determined that a Mitigated Negative Declaration (“MND”) should be prepared for the project, and an MND was prepared pursuant to Public Resources Code sections 21064.5 and 21080, subdivision (c), and the State CEQA Guidelines section 15070 et seq.; and
WHEREAS, the Town of Apple Valley distributed a Notice of Intent to Adopt a Mitigated Negative Declaration pursuant to State CEQA Guidelines section 15072; and WHEREAS, the Town of Apple Valley provided copies of the draft MND and Initial Study to the public and the State Clearinghouse for a thirty-day review and comment period beginning on October 4, 2021 and ending on November 4, 2021 pursuant to Public Resources Code section 21091(b); and
WHEREAS, pursuant to Public Resources Code section 21081.6 and State CEQA Guidelines section 15074(d), the Town of Apple Valley has prepared a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects (the “Mitigation Monitoring and Reporting Program” or “MMRP”); and
WHEREAS, as contained herein, the Town of Apple Valley has endeavored in good faith to set forth the basis for its decision on the proposed project; and WHEREAS, the Town of Apple Valley has endeavored to take all steps and impose all conditions necessary to ensure that impacts to the environment would not be significant; and
WHEREAS, all of the findings and conclusions made by the Town of Apple Valley pursuant to this Ordinance are based upon the oral and written evidence before it as a whole; and
WHEREAS, on December 14, 2021, the Town Council of the Town of Apple Valley conducted a duly noticed and advertised public hearings on Development Code Amendment No. 2021-002, receiving testimony from the public.

NOW, THEREFORE, the Town Council of the Town of Apple Valley, State of California, does ordain as follows:

Section 1. Find that the changes proposed by Development Code Amendment No. 2021-002 is consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan.

Section 2. The Town Council of the Town of Apple Valley has reviewed and considered the information contained in the MND, Initial Study, and administrative record on file with the Town of Apple Valley and available for review at 14975 Dale Evans Parkway, Apple Valley, California. The Town Council finds that the MND and Initial Study have been completed in compliance with the California Environmental Quality Act (Pub. Res. Code § 21000 et seq.: “CEQA”) and the State CEQA Guidelines.

Section 3. In the Town of Apple Valley’s role as the lead agency under CEQA, the Town Council finds that the MND and Initial Study contain a complete and accurate reporting of the environmental impacts associated with the project. The Town Council further finds that the documents have been completed in compliance with CEQA and the State CEQA Guidelines, and that all environmental impacts of the project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the MND, Initial Study, and the Mitigation Monitoring and Reporting Program. The Town Council further finds that there is no substantial evidence in the record supporting a fair argument that the project may result in significant environmental impacts, and that any comments received regarding the project have been examined and determined not to modify the conclusions of the MND or the Town Council.

Furthermore, the Town Council finds that the MND has not been substantially revised after public notice of its availability and recirculation is not required. (State CEQA Guidelines, § 15073.5.) The Town Council finds that the MND contains a complete, objective, and accurate reporting of the environmental impacts associated with the project and reflects the independent judgment of the Town Council.

Section 4. The Town Council hereby approves and adopts the MND prepared for the project.

Section 5. The Town Council hereby approves and adopts the Mitigation Monitoring and Reporting Program prepared for the project, attached hereto as Exhibit “A”.

Section 6. Amend Sections 9.35.020 and 9.35.030 to read as follows:
“9.35.020 - Commercial and Office Districts
Regional Commercial District (C-R). The C-R district is intended for the development of a full range of retail stores, offices and personal and business services on a scale to serve the needs of the Town and the surrounding region, to be located in proximity to interstate and state highways and arterial roadways. This district implements the Regional Commercial (C-R) land use designation of the General Plan. A maximum floor area ratio (F.A.R.) of 1.0 is permitted in the C-R District. A total of 978 acres within the CR District bounded by Interstate 15 (I-15) freeway to the west, Dante Road to the south and Caplet Street to the north, and the CR District’s boundary to the east allows for eCommerce fulfillment and distribution centers .

9.35.030 - Permitted Uses

Type of Use (1) District (1)

O-P C-G C-S C-R C-V M-U
J. Manufacturing/Production/Wholesale Uses

5. eCommerce
fulfillment and
distribution centers
(Indoors) (7)
P
(7) In the C-R District, new eCommerce fulfillment and distribution centers shall only be allowed within the 978 acres bounded by I-15 freeway to the west, Dante Road to the south and Caplet Street to the north, and the CR District’s boundary to the east. Any new eCommerce fulfillment and distribution centers would be subject to Site Development Standards in Section 9.35.040; Industrial Design Standards in Chapter 9.47; and Off-street Parking regulations in Chapter 9.72 and Landscaping regulations in Chapter 9.75 for industrial uses/developments.

Conflicts and Clarification shall be resolved as specified in Section 9.05.080.“ Section 7. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under Section 36933 of the Government Code of the State of California.

Section 8. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

Section 9. Severability. If any provision of this Ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications and, to this end, the provisions of this Ordinance are declared to be severable.

APPROVED and ADOPTED by the Town Council and signed by the Mayor and attested to by the Town Clerk this 14th day of December 2021.

Curt Emick, Mayor
ATTEST:

Ms. La Vonda M. Pearson, Town Clerk
Approved as to form: Approved as to content:

Mr. Thomas Rice, Town Attorney Mr. Douglas B. Robertson, Town Manager

Exhibit “A”
Mitigation Monitoring and Reporting Program
The following are mitigation measures associated with the adoption of the Mitigated Negative Declaration :

Mitigation Measure 1. During the approval process of any new warehouse distribution development within the Planning Area, the mitigation measures from the certified General Plan EIR and EIR Addendum shall be implemented as required prior to approval of the development, prior to construction, during construction, and prior to issuance of Certificate of Occupancy.

Mitigation Measure 2.

CUL MMs

1. In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.

2. If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1.

The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.

3. If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.

TCR MMs

1. The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed in CR-1, of any pre-contact and/or historicera cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the project, should SMBMI elect to place a monitor on-site.

2. Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project.

TOWN OF APPLE VALLEY

MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Project Title: Warehouse Distribution Overlay within the Regional Commercial (C-R) District
Case No. GPA-2021-001
DCA-2021-002
Assessor’s Parcel No. (APN) See Appendix A for List of APNs Lead Agency Name and
Address:

Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
Project Location: The Regional Commercial District bounded by Interstate 15 (I15) freeway to the west, Dante Road to the south and Caplet Street to the north, and the CR District’s boundary to the east.

Project Sponsor’s Name and
Address:

Town of Apple Valley
14975 Dale Evans Parkway
Apple Valley, CA 92395
General Plan Designation(s): Regional Commercial (C-R)
Zoning: Regional Commercial (C-R)
Contact Person: Daniel Alcayaga, AICP
Planning Manager
Town of Apple Valley
Phone Number: (760) 240-7000, ext. 7205
Date Prepared September 2021

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 2 Description of the Project
The project includes a General Plan Amendment and a Development Code Amendment to create an overlay within the Regional Commercial (CR) District that would allow warehouse distribution developments. The overlay would only apply to 978 acres within the CR District located immediately west of the I-15 freeway, Dante Road to the south and Caplet Street to the north, and the CR District’s boundary to the east (Exhibit 2). Any new warehouse distribution would be subject to the Industrial Design Standards found in Chapter 9.47 of the Development Code related to site planning and architecture and would qualify under the Planned Industrial Standards found in Section 9.46.020. Similarly, the parking and landscaping regulations for new warehouse distribution development would be subject to applicable industrial development standards as specified in those sections. For consistency, new warehouse distribution development in the Planning area will utilize the setbacks and height standards from the CR District.

Environmental Setting and Surrounding Land Uses
The project site is currently vacant desert land. Adjacent to the site, surrounding land uses include the following:

North: Vacant land
South: Vacant land. There is a quarry mining operation to the east of the Planning area.

East: Vacant
West: Vacant. The Victorville Landfill is located on the west side of the I-15 freeway. There are a few light industrial buildings southeast of Stoddard Wells Road west of the freeway.

Other public agencies whose approval is required for future development projects California Regional Water Quality Control Board (Waste Discharge Requirements) California Department of Fish and Wildlife (Streambed Alteration Permit) State Water Resources Control Board/Regional Water Quality Control Board (Construction Stormwater Permit)

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 3 Exhibit 1 – Regional Location Map
Denotes Planning area (978 acres)

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 4 Exhibit 2 – Project Aerial

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 5 Environmental Factors Potentially Affected:

The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and corresponding site-specific discussion on the following pages.

Aesthetics Agricultural Resources Air Quality
Biological Resources Cultural Resources Geology/Soils
Greenhouse Gases
Hazards & Hazardous
Materials
Hydrology/Water Quality Land Use/Planning
Mineral Resources Noise Population/Housing
Public Services Recreation Transportation/
Traffic
Utilities/Service Systems Mandatory Findings of Significance

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 6 DETERMINATION: The Town of Apple Valley Planning Department has determined, on the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 9-30-21
Daniel Alcayaga, AICP Date
Planning Manager

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 7 PURPOSE OF THIS INITIAL STUDY
This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within this report, the Initial Study will be used in support of the preparation of a Mitigated Negative Declaration.

EVALUATION OF ENVIRONMENTAL IMPACTS
1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on project-specific screening analysis).
2) All answers must take into account the whole action involved, including offsite as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.

Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 8 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impacts to less than significance.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 9 I. AESTHETICS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
d) Create a new source of substantial light or
glare, which would adversely affect day or
nighttime views in the area?
The 2009 General Plan EIR and 2018 Addendum EIR found that new development Town-wide had the potential to impact Aesthetics, but that with the implementation of mitigation measures, build out of the General Plan would result in less than significant impacts. Any new development will be subject to these mitigation measures.

Discussion of Impacts
a) Less Than Significant Impact. Natural visual resources that provide the Planning area with special character include uninterrupted expanses of 'wide skies' and panoramic vistas of distant mountains. Characteristic views of the Mojave River floodplain bluffs and terraces, and areas of riparian forest flora also occur. The low-lying landscape surrounding the Planning area allows unobstructed, distant views in all directions and these create a prevailing sense of openness and spaciousness. The General Plan addressed the potential impacts of new development through a series of policies and programs that are directed at maintaining the Town’s character and scenic views and vistas. The Plan either directly regulates development, or mandates the maintenance of zoning and other regulatory codes that assure detailed assessment of building coverage, setbacks and building heights, as well as other design features. b) No Impact. There are no scenic trees, rock outcroppings or historic buildings in the Planning area, nor is the Planning area located on a scenic highway. There will be no impact to scenic resources.
c) Less Than Significant Impact. Any future new development will have a less than significant impact on the visual character of the area. The area surrounding the project site includes native lands. The impacts on aesthetics by new development was already analyzed in the EIR for the 2009 General Plan, as well as in the 2018 EIR Addendum for the newly annexed areas in and around the Planning area. The project, which includes allowing Warehouse Distribution developments within the C-R District, which would be subject to site development standards, as well as design standards (i.e. site planning, landscaping, and architecture standards) is consistent with the General Plan. The CR District already permits or conditionally permits similar uses such as hay/feed storage,

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 10 transportation facilities, truck terminals, new construction of outdoor storage, public utility installations, and assembly of products (as ancillary uses to commercial uses). These uses and associated buildings/structures are already permitted and look similar to warehouse distribution buildings that these Amendments propose. Impacts associated with visual character are expected to be less than significant.
d) Less Than Significant Impact. The Amendments will allow warehouse distribution developments that are similar to existing permitted uses that generate light and glare, primarily from truck and automobile lights and building security lighting associated with the future business operations. These light and glare characteristics are consistent with those allowed in the analyzed in the General Plan EIR and 2018 EIR Addendum.

Specifically, the EIR requires that all lighting be consistent with the dark sky policies in the Town’s General Plan and lighting and glare standards outlined in the Development Code. Accordingly, impacts associated with light and glare will be less than significant.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 11 II. AGRICULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use?
Introduction
Although agricultural activities played a prominent role in the Town’s formation, the difficulty of farming in the high desert environment has limited, and now mostly eliminated, farming activities within the Town limits. The General Plan EIR and 2018 EIR Addendum found that development in the Town would have less than significant impact on agricultural resources, because there are no agricultural land in the Plan area. There have been no changes in conditions, and no agricultural activities have been initiated since the certification of the EIR and EIR Addendum.

Discussion of Impacts
a-c) No Impact. The proposed project is located in an area that currently consists of vacant desert lands. The Planning area, and all surrounding lands, are designated for future development. The State Department of Conservation, Farmland Mapping and Monitoring Program identifies four small areas within the Town limits as Farmlands of Statewide Importance. These areas are all in the southern half of Town. No agricultural development occurs on or in the vicinity of the Planning area. There are no Williamson Act contracts on or in the vicinity of the Planning area. There will be no impact to agricultural resources.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 12 III. AIR QUALITY
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of
the applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard (including releasing
emissions which exceed quantitative
thresholds for ozone precursors)?
d) Result in significant construction-related air
quality impacts?
e) Expose sensitive receptors to substantial
pollutant concentrations?
f) Create objectionable odors affecting a
substantial number of people?
Introduction
The 2009 General Plan EIR and 2018 EIR Addendum found that the development in the Planning area had the potential to impact Air Quality, and included a number of mitigation measures to reduce these impacts to the greatest extent feasible. Any future development will continue to be subject to these mitigation measures. However, the EIR also found that even with implementation of mitigation measures, the impacts associated with air quality at build out of the Town would remain significant and unavoidable. The Town adopted Findings and a Statement of Overriding Considerations, which found that the benefits associated with build out of the General Plan outweighed the potential impacts to air quality.

Discussion of Impacts
The 2009 General Plan EIR and 2018 EIR Addendum provided a comprehensive mitigation program to reduce all construction and operational air quality emissions to the fullest extent feasible.
a) Less Than Significant Impact. The Town of Apple Valley is subject to the jurisdiction of the Mojave Desert Air Quality Management District (MDAQMD) which sets forth policies and other measures designed to help the District achieve federal and state ambient air quality standards. These rules, along with the MDAQMD CEQA and Federal Conformity

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 13 Guidelines1, are intended to satisfy the planning requirements of both the federal and state Clean Air Acts. The MDAQMD also monitors daily pollutant levels and meteorological conditions throughout the District.

The Apple Valley General Plan Land Use Plan serves as the basis for the assumptions used in the MDAQMD’s planning documents for air quality maintenance and improvement.

The project is consistent with the Town’s General Plan, and with development already permitted in the area. Therefore, it will not exceed AQMP assumptions or criteria, or result in inconsistencies with the AQMP.
b)-e) Less Than Significant Impact.

Construction Emissions
The EIR fully analyzed worst-case construction emissions. (See EIR p. III-58.) Based on those worst-case assumptions, all construction emission impacts were projected to be less than significant. Nonetheless, site-specific construction emission modeling is required to be performed for any future development at the time of Planning approval.

Construction air quality impacts of the proposed project will be less than significant.

Operational Emissions
Operational emissions are ongoing emissions that will occur over the life of the project.

Emission sources include area sources (such as consumer products and landscape equipment), energy consumption, and mobile sources.

As set forth above, the 2009 General Plan EIR and 2018 Addendum analyzed operational emission that would occur as a result of build out of the General Plan and found them to be significant and unavoidable. (EIR Table III-25.) Site-specific operational emission analysis will be required to be conducted in order to confirm whether any future developments – on their own – would result in significant operational air quality impacts.

Therefore new developments will be required to analyze site specific operation emissions and comply with General Plan EIR mitigation measures.

According to Resolution No. 2018-16 adopted by the Town Council on May 8, 2018 for the EIR Addendum for 2009 General Plan Update and Annexation 2008-01, it states the following:

Air quality emissions associated with buildout operation of the 2018-001 Annexation, and buildout operation of the
2018-001 Annexation plus remaining County lands, will
significantly exceed established thresholds for all criteria pollutants, as shown in Table 8. Similar to Annexation 2008- 001, impacts can be somewhat lowered by implementation
of the mitigation measures included in the EIR. However, impacts associated with build out of the 2018-001
Annexation will result in significant and unavoidable air quality impacts, albeit lower than those associated with Annexation 2008-001, as did build out of Annexation 2008- 001. Thus, Annexation 2018-001 will not result in any new 1 “Mojave Desert Air Quality Management District California Environmental Quality Act and Federal Conformity Guidelines,” prepared by the Mojave Desert Air Quality Management District, May 2006.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 14 significant unavoidable impacts or any substantial increase in the significant unavoidable impacts previously identified in the General Plan EIR.

As summarized in Section XV of this study, allowing warehouse distribution developments will reduce traffic trips. If the entire 978 acres (Planning area) currently zoned CR were developed with warehouse distribution, it is estimated that at build-out this would reduce daily trips by 375,648 trips in the Project area. This would be a reduction in air emissions that was analyzed in the General Plan EIR and Addendum.

Since any new development will be required to implement the mitigation measures included in the certified EIR, the level of impact is consistent with that previously analyzed, and impacts of the proposed project will be less than significant. Although the project’s direct construction and operational impacts will not exceed MDAQMD thresholds and will be less than significant, it can be expected that the emissions of any future development will contribute to the emissions of the overall build out of the General Plan. The prior EIR disclosed that the General Plan’s overall emissions would be significant and unavoidable, and the Town Council adopted CEQA findings and a Statement of Overriding Considerations addressing those impacts. f) Less Than Significant Impact. Objectionable odors, including those emitted by dieseloperated vehicles and the application of asphalt pavement and paints/solvents, may be emitted during the construction phase of the future development, and during operations, because of the number of diesel trucks expected to come and go from the project site. However, the Planning area is almost all vacant, and is not in the immediate vicinity of sensitive receptors such as residences, schools, parks, or other areas of concentrated human activity. As a result, impacts associated with odors are expected to be less than significant.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 15 IV. BIOLOGICAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Wildlife
or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, or regulations or by the
California Department of Fish and Wildlife or
US Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404
of the Clean Water Act (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a
tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
The project involves an Amendment to the Development Code allowing warehouse distribution uses within the CR District in the Planning area. The 2009 General Plan EIR and 2018 EIR Addendum found that the development of the General Plan had the potential to impact biological resources, but that with the implementation of mitigation measures, build out would result in less than significant impacts. The EIR required that certain site-specific surveys be completed for certain biological species prior to development. (EIR pp. III-80 through III-81.) Those studies will be completed for individual development proposals. Any future development that is proposed as a result of the Amendments will be required to analyze all pertinent biological species and will be subject to the mitigation measures.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 16 V. CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the
significance of a historical resource as defined
in 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to 15064.5 or Tribal Cultural
Resources?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
d) Disturb any human remains, including those
interred outside of formal cemeteries?
a-d) The project involves an Amendment to the Development Code allowing warehousing and manufacturing uses within the CR District. The 2009 General Plan EIR and 2018 EIR Addendum found that the development of the General Plan had the potential to impact cultural resources, but that with the implementation of mitigation measures, build out of the General Plan would result in less than significant impacts. The EIR required that site-specific surveys be completed for cultural and paleontological resources prior to development. (EIR pp. III-122, III-123.) Any future development that is proposed as a result of the Amendments will be required to analyze all pertinent cultural resources, including archaeological and historic resources as well as outreach and consultation with Native American Tribes, and will be subject to the mitigation measures.

Public Resources Code section 5097.98 imposes a mandatory reporting requirement and all construction activity to cease in the event of the discovery of human remains. Compliance with these mandatory provisions would ensure that any impacts to human remains would remain less than significant.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 17 VI. GEOLOGY AND SOILS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area
or based on other substantial evidence of
a known fault? Refer to Division of Mines
and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or
property?
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems where sewers are
not available for the disposal of wastewater?
Introduction
The 2009 General Plan EIR and 2018 EIR Addendum found that the development within the Town had the potential to impact geology and soils, but that with the implementation of mitigation measures, build out would result in less than significant impacts. Any future development will be subject to the mitigation measures outlined in the EIR and Addendum.

The EIR requires that site-specific geotechnical investigations be completed prior to the approval of development plans. (EIR pp. III-88.) Since no development is proposed at this time, the impact of the Amendment on geological resources will be less than significant.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 18 Discussion of Impacts
a.i) No Impact. The area of the Town where the Amendments apply is not located in an Alquist-Priolo Earthquake Fault Zone, and no fault rupture will occur in this area. The Mojave Desert segment of the San Andreas fault passes through the region approximately 25 miles south-southwest of Apple Valley. This fault extends from the Tejon Pass to the San Bernardino valley, where it becomes the San Bernardino strand. No impacts are expected.
a.ii, c) Less Than Significant Impact. The Town will be subject to ground shaking from earthquakes on regional faults, particularly on the Mojave Desert segment of the San Andreas fault. The distance to the fault segment, however, will result in lesser ground shaking than would be expected if the Planning area were in closer proximity to the fault. All new development associated with the Amendments will be required to comply with the Town’s Building Code seismic requirements in place at the time that building permits are issued. In addition, the certified EIR and Addendum included a number of mitigation measures to further reduce impacts associated with ground shaking and soils. The Town’s standard requirements and the EIR’s mitigation measures are designed to reduce impacts associated with ground shaking to less than significant levels. a.iii) Less Than Significant Impact. Liquefaction occurs when groundwater is located near the surface (within 50 feet), and mixes with surface soils during an earthquake. The Planning area generally consists of granular soils with historic groundwater depths ranging from approximately 105 feet below the surface to 155 feet below the surface. Any future development will be required to submit a Geotechnical Study prior to building permit issuance to determine soil conditions and review possible liquification issues. Issues related to liquefaction are less than significant.
a.iv) No Impact. The Planning area is located in a relatively flat area, and is not adjacent to any slope or mountainside. No impact associated with slope instability is anticipated. b) No Impact. Soils identified as occurring in the Planning area include, Cajon sand, Cajon loamy sand, Cajon-Arizo complex, Cajon Wasco, Helendale loamy sand, Mirage-Joshua complex, Nebona-cuddleback complex and Rosamond loam. Helendale-Bryman loamy sands are predominant across the project site and are a series of the Aridosol Soil Order occurring on 0 to 2 percent slopes. Bryman soils are found on terraces and older alluvial fans, and are formed by the mixing of alluvium derived mainly from granitite sources in combination with erosion caused by wind and water. Future development will be required to implement the dust control measures included in the EIR to address wind and water erosion, and will also be required to implement best management practices associated with storm water management. These mitigation measures and standard requirements will assure that impacts associated with erosion remain less than significant. d) No Impact. As identified in the certified EIR, the soils within the Planning area are not expansive. No impact is anticipated.
e) No Impact. The Town has an adopted Local Agency Management Plan (LAMP) and any new future development would be subject to the limitations established in the LAMP. Developments that use less than 500 gallons per acre per day of water usage are allowed to use septic tanks for sewage disposal If sewer is not available. If water usage exceeds this threshold or if sewer becomes available, new development would need to connect to sewer. No impacts will occur.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 19 VII. GREENHOUSE GAS EMISSIONS
Would the project:

Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have significant
impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
Discussion of Impacts
a-b) Less Than Significant Impact. Both construction and operation of any future development will generate greenhouse gas (GHG) emissions. Construction emissions will be generated by a variety of sources, including the operation of construction equipment and energy usage. Construction impacts will be temporary and will end once the project is complete. Typically, they can be minimized by limiting idling times, proper maintenance of heavy machinery, and efficient scheduling of construction activities. Long-term operation of the project will generate GHG emissions from area sources, energy and water usage, mobile sources, and waste disposal.

The 2019 Climate Action Plan, which was adopted by the Town Council on June 8, 2021, it states the Town has made great strides in reducing its overall community and municipal emissions since the adoption of the CAP. So much so that Business as Usual (BAU) forecasts based on the Town’s declining emissions trends are expected to achieve the 40% reduction target for 2030, as shown in the following table. The community forecasts are based on growth planned with the Town’s General Plan Land Use map. As discussed in the Section XV, vehicle trips are estimated to be reduced if warehouse distribution developments were to be constructed instead of shopping center development. This reduction will further assist in reducing overall Greenhouse Gas Emissions from Business As Usual.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 20 Any future development will reduce GHG emissions that would otherwise result from energy and water use by complying with the Development Code, 2019 Climate Action Plan, and EIR’s requirements to use low-polluting and high efficiency appliances, drought-tolerant landscaping, and by providing passive solar benefits. These will include building orientation optimizations and efficient fenestration. Statewide programs and standards, including new fuel-efficient standards for cars and expanding the use of renewable energies, will help reduce GHG emissions over the long-term. The project will be required to comply with standards and regulations for reducing GHG emissions, including the Town’s Climate Action Plan and other GHG reducing strategies, including high efficiency HVAC and high efficiency fans. Any future development will also be required to comply with Title 24 of the California Building Code, which in 2019 requires a further 30% reduction in energy use for construction. This reduction in energy use exceeds the Town’s Climate Action Plan target for reduction of GHG emissions. The Plan, adopted with the General Plan and updated in 2013, 2016, and 2019 targets a 15% reduction below 2005 levels by the year 2020. The reductions included in the current building code result in a 30% reduction in energy use. Therefore, future construction is expected to exceed the Town’s reduction target. These standard requirements and Town initiatives will ensure that GHG emissions from Any future development are less than significant.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 21 VII. HAZARDS AND HAZARDOUS MATERIALS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as
a result, would it create a significant hazard to
the public or the environment?
e) For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project result in a
safety hazard for people residing or working in
the project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in the
project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant risk
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
Introduction
The General Plan EIR or found that any new development had the potential to result in impacts from hazardous materials, but that with the implementation of mitigation measures, build out would result in less than significant impacts. Any future development will be subject to these mitigation measures.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 22 Discussion of Impacts
a-b) Less Than Significant Impact. Any future development will be required to comply to Fire Department and County standards regarding high cube storage, including the safe storage of hazardous materials, and the implementation of emergency response plans in case of a spill or fire. These measures are subject to regular inspection to ensure compliance. These standard requirements will assure that the storage and transport of hazardous materials result in less than significant impacts. c) No Impact. Any future development will handle household cleaners and chemicals, but will not store or handle hazardous materials within proximity of a school. The closest school to the Planning area is Apple Valley Christian Academy, located approximately

1.5 miles south of the Planning area.
d) No Impact. The Planning area is not listed as a hazardous materials site, cleanup site, or hazardous waste facility and, therefore, any future development will not create a significant hazard to the public or environment. (Envirostor map database, California Department of Toxic Substances Control).
e) Less Than Significant Impact. The Planning area is located less than 4 miles west of the Apple Valley airport. The impact on future new warehouse distribution developments is less than significant.
f) No Impact. The Planning area is not located in the vicinity of a private airstrip. No impact is expected.
g) No Impact. The Town will require the road improvement on any future development to Town standards, to assure access by emergency vehicles is unimpeded. The implementation of these standard requirements will assure that there is no impact associated with emergency response.
h) No Impact. The Planning area is located in an area dominated by sparse vegetation.

There are no wildlands in the vicinity of the Planning area. No impacts associated with wildland fire are expected.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 23 VIII. HYDROLOGY AND WATER QUALITY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net
deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the
production rate of pre-existing nearby wells
would drop to a level which would not
support existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner which
would result in flooding on- or off-site?
e) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water
quality?
g) Place housing within a 100-year flood hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood hazard delineation map? (Source:
h) Place within a 100-year flood hazard area
structures which would impede or redirect
flood flows?

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 24 VIII. HYDROLOGY AND WATER QUALITY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
i) Expose people or structures to a significant risk
of loss, injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
Introduction
The General Plan EIR found that the new development had the potential to impact hydrology and water quality, but that with the implementation of mitigation measures, build out of the General Plan would result in less than significant impacts. Any future development will be subject to these mitigation measures.

The EIR required that site-specific Stormwater Pollution Prevention Plans and surveys for the presence of federal or state jurisdictional waters be completed. (EIR pp. III-99, III-100. Overall, with mitigation, no significant impacts will result from the Project.

Discussion of Impacts
a, f) No Impact. Any future development will be required to connect to the Town’s domestic water and sanitary sewer systems. Liberty Utilities, formerly Apple Valley Ranchos (AVR) Water Company, provides water service to the Planning area, and the Victor Valley Wastewater Reclamation Authority provides sanitary sewage treatment for the Planning area. Both these agencies are required to comply with the requirements of the State Regional Water Quality Control Board relating to water quality standards and wastewater discharge requirements. No impact is expected. b) Less Than Significant Impact. Any new development will result in the consumption of domestic water for employee use and landscaping.

Since the certification of the EIR, California has entered into a multi-year drought. The drought has resulted in mandates for water conservation across all land uses and locations in the State, stemming from the requirements of the Governor’s Executive Order B-29-15. Within AVR’s service area, the mandate for a 28% reduction has resulted in the publication of prohibited activities, and the implementation of water conservation measures. As a result of these measures, AVR’s service area reduced water use by 33% in September of 2015. Any new development will be subject to the mandated water reductions in place at the time that development occurs. These mandates will assure that water use within the Planning area will be less than significant. c-e) Less Than Significant Impact. The Planning area, is located in a FEMA Zone D, and is outside the 100 year flood plain. The Planning area is currently vacant.

Any new development will be required to contain storm water runoff on site pursuant to the Waste Discharge Requirements permit issued by the Regional Water Quality Control Board under the Porter-Cologne Water Quality Act. In addition, the Town imposes

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 25 drainage impact fees on all development, to offset the cost of drainage improvements on a fair share basis. These standard requirements are designed to assure that impacts associated with runoff water remain less than significant. g)- j) No Impact. The Planning area is not located in a flood zone, and does not propose residential development. The proposed project will have no impact on 100 year flood plain hazards.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 26 IX. LAND USE AND PLANNING
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Physically divide an established community?
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat
conservation plan or natural community
conservation plan?
Introduction
The General Plan EIR found that the development of the General Plan had the potential to impact surrounding land uses, but that with the implementation of mitigation measures, build out of the General Plan would result in less than significant impacts. Any future development will be subject to these mitigation measures.

Any future development will be consistent with the size and intensity of development anticipated, analyzed, and approved as part of the approved EIR and EIR Addendum. The CR District already permits or conditionally permits certain land uses that are similar to warehouse distribution, including: hay/feed storage, transportation facilities, truck terminals, new construction of outdoor storage, public utility installations, and assembly of products (as ancillary uses to commercial uses). In the nation, it has been standard zoning practices to separate regional commercial uses from light industrial uses to buffer shopping from activities that would generate noise, semi-truck traffic, and odors. However, technology advances have made it so that a mix of land uses can co-exist together. These advances have produced a shift away from brick-and-mortar retail buildings to online shopping. This has produced a need for e-commerce warehouse distribution development. Since the Planning area is located along freeway frontage, the proposed overlay provides an opportunity to plan for both commercial and warehouse distribution, as both have the potential to generate sales tax revenue and/or produce employment growth. There are presently methods that can be used to mitigate noise and odors issues. Any future development will not present any potential land use conflicts.

Accordingly, the Amendments are within the scope of the EIR’s analysis.

Discussion of Impacts
a-c) No Impact. The Planning area is currently vacant, and will not divide any established community. The Amendments will allow developments that are consistent with the land use, development standards and guidelines of the Development Code. The Planning area is designated for business activities in the Town’s General Plan. There are no conservation plans currently in effect in Town. There will be no impacts associated with land use as a result of the proposed project.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 27 X. MINERAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?
Discussion of Impacts
a-b) No Impact. The General Plan EIR and Addendum determined that there were no lands designated for mineral resources within the Planning area, and that no mineral resource extraction occurred or was projected to occur within the Planning area. The Planning area has been designated for commercial development for a number of years. The Amendments intend to allow Warehouse Distribution developments. No mineral resources are known to occur on the Planning area. There will be no impacts to mineral resources as a result of implementation of the Amendments.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 28 XI. NOISE
Would the project result in:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies?
b) Exposure of persons to or generation of
excessive groundborne vibration or
groundborne noise levels?
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project?
d) A substantial temporary or periodic increase
in ambient noise levels in the project vicinity
above levels existing without the project?
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project
expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
Introduction
The General Plan EIR and Addendum found that new development had the potential to result in noise impacts, but that with the implementation of mitigation measures, build out of the General Plan would result in less than significant impacts. Any new development will be subject to these mitigation measures.

The EIR imposed a requirement for further site-specific noise studies only where a proposed project’s stationary noise sources may adversely impact sensitive noise receptors in the site vicinity. (EIR pp. III-145.) There are no sensitive receptors in the Planning area’s vicinity that would require such site-specific analysis. The nearest sensitive receptor, a single-family home is approximately ½ mile east of the Planning area on Stoddard Wells (APN: 0472-362-53).

Discussion of Impacts
a, c) Less Than Significant Impact. New development can result in the development of a warehouse distribution facility, which includes stationary noise sources such as sliding dock doors and rooftop mechanical equipment, as well as on-site mobile sources such

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 29 as back-up beepers and forklift operations. There are no sensitive receptors located in and around the vicinity of the Planning area. Impacts are therefore expected to be less than significant.
b) Less Than Significant Impact. The primary source of vibration of future development is expected to be during construction, from the use of heavy equipment; and during operation from the heavy truck trips the project will generate. The level of vibration, however, will be periodic and temporary, and because of the Planning area’s location away from sensitive receptors, is expected to represent a less than significant impact. d) Less Than Significant Impact. Temporary noise generated during the construction phase of the any future development could exceed acceptable noise levels, particularly during site preparation. Primary noise sources will be heavy equipment. These impacts, however, will be periodic and temporary, and are allowed in the Town’s Municipal Code, as long as they occur during specified daytime hours. Any future development will be required to comply with these requirements. Further, the Planning area is not located near sensitive receptors who would be impacted by construction noise. The Planning area is in an commercially designated area, and the Town’s standards will assure that impacts are less than significant.
e) Less Than Significant Impact. The Apple Valley Airport is located less than four mile east of the Planning area. Impacts associated with airport noise are expected to be less than significant.
f) No Impact. The Planning area is not located in the vicinity of a private airstrip, and no impacts associated with such a noise source will occur.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 30 XII. POPULATION AND HOUSING
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Induce substantial population growth in an
area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of
replacement housing elsewhere?
Introduction
The General Plan EIR and Addendum found that new development had the potential to result in impacts associated with population and housing, but that with the implementation of mitigation measures imposed on the Town, build out of the General Plan would result in less than significant impacts.

Discussion of Impacts
a) Less Than Significant Impact. Any future development will result in a demand for employees. The EIR found that the increase in jobs could be supported for multiple reasons. First, the Town’s residents currently commute to work outside of Town, and the new development, such as Warehouse Distribution would generate jobs that would improve the Town’s jobs/housing balance. Further, the EIR found that the Town had a capacity for an additional 15,078 housing units. Based on the Town’s average of 1.09 jobs per household, any future development would generate a need for 488 housing units, if all the project’s employees were to be new residents. The Town has capacity and resources to accommodate this level of growth. The Amendments will have a less than significant impact on population growth.
b-c) No Impact. The Planning area is currently vacant, and will not result in the demolition of existing housing, or the displacement of people. No impact is expected.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 31 XIII. PUBLIC SERVICES
Would the project result in:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Substantial adverse physical impacts associated
with the provision of new or physically altered
governmental facilities, need for new or physically
altered governmental facilities, the construction
of which could cause significant environmental
impacts, in order to maintain acceptable service
ratios, response times or other performance
objectives for any of the public services:
a) Fire protection?
b) Police protection?
c) Schools?
d) Parks?
e) Other public facilities?
Introduction
The General Plan EIR and Addendum to the EIR found that new development within the Town had the potential to impact public services, but that with the implementation of mitigation measures, build out of the General Plan would result in less than significant impacts. Any future development will be subject to these mitigation measures.

Discussion of Impacts
a-e) Less Than Significant Impact. Any future development will not increase the demand on public services beyond that already anticipated and analyzed in the EIR.

Fire Protection
The Apple Valley Fire Protection District is responsible for fire protection. The closest fire station to the Planning area is Station 332, which is located on Highway 18.

Any future development will result in additional demand on fire services from the District.

Any future development will increase revenues to the Town, in the form of direct property tax increases, and indirect sales tax increases from discretionary spending by employees.

These revenues will help to offset the added costs of fire services.

As required in the Building Code, construction plans will be reviewed by the Fire Department to ensure they meet applicable fire standards and regulations. Overall impacts to fire protection services will be less than significant.

Police Protection
The San Bernardino Sheriff’s Department provides police services to the Town under contract with the Town. Police service demand will increase marginally as a result of

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 32 build out of General Plan, as Warehouse Distribution developments do not generate a high demand for service.

Future development will increase revenues to the Town, in the form of direct property tax increases, and indirect sales tax increases from discretionary spending by employees.

These revenues will help to offset the added costs of police services to development.

Schools
Any future development will have an indirect impact on schools within the Apple Valley Unified School District, insofar as any future development will not, in and of itself, generate a demand for school facilities. The additional school children are likely to result from the employment generated by future development, however, new developments will pay all statutorily imposed school mitigation fees as part of the project. As set forth in the EIR, no significant impacts to schools are anticipated.

Parks
Any future development will not directly impact parks. The increase in employees from future development, however, could increase the demand on the Town’s park facilities.

Any Warehouse Distribution developments, and the homes resulting from the creation of new households for employees of a development, will result in increased revenues to the Town, that will offset the indirect impact on parks. Impacts are expected to be less than significant.

Other Public Facilities
Any new development will include the undergrounding of a power line. The undergrounding will not alter the pattern or capacity of electrical service, such that no significant impacts are anticipated.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 33 XIV. RECREATION
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities
such that substantial physical deterioration of
the facility would occur or be accelerated?
b) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities, which might have an
adverse physical effect on the environment?
Discussion of Impacts
a-b) Less Than Significant Impact. The Amendments will not directly impact recreational facilities. Any future development will increase the number of employees, and increase the demand on the Town’s recreational facilities. Any future development, and the homes resulting from the creation of new households for employees of any future development, will result in increased revenues to the Town that will offset the indirect impact on recreational facilities. Impacts are expected to be less than significant.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 34 XV. TRANSPORTATION/TRAFFIC
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Cause an increase in traffic which is substantial
in relation to the existing traffic load and
capacity of the street system (i.e., result in a
substantial increase in either the number of
vehicle trips, VMT, the volume to capacity ratio
on roads, or congestion at intersections)?
b) Exceed, either individually or cumulatively, a
level of service standard established by the
county congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or a
change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or
programs supporting alternative transportation
(e.g., bus turnouts, bicycle racks)?
Introduction
The General Plan EIR and Addendum found that any future development of the General Plan had the potential to impact traffic, although these impacts were less than significant. The implementation of mitigation measures would assure that build out of the General Plan would result in less than significant impacts. Any new development will be subject to these mitigation measures.

The EIR required that site-specific traffic studies would be required only on a project-by-project basis. (EIR pp. III-46.) The Amendments include allowing warehouse distribution in the Regional Commercial (CR) District. Any new warehouse distribution developments would be required to undergo the CEQA process and prepare site-specific traffic studies on a project-by-project basis.

Adopted VMT Discussion
A project would result in a significant project-generated VMT impact if either of the following conditions are satisfied:

1. The baseline project-generated VMT per service population exceeds the Town of Apple Valley General Plan Buildout VMT per service population, or

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 35 2. The cumulative project-generated VMT per service population exceeds Town of Apple Valley General Plan Buildout VMT per service population The project's effect on VMT would be considered significant if it resulted in either of the following conditions to be satisfied:

3. The baseline link-level boundary Town-wide VMT per service population increases under the plus project condition compared to the no project condition, or

4. The cumulative link-level boundary Town-wide VMT per service population increases under the plus project condition compared to the no project condition.

On May 11, 2021, the Town Council adopted Resolution 2021-08 establishing the above adopted VMT thresholds consistent with SB 743. The evidence at the time of adoption of the VMT threshold showed that VMT would be reduced at build out of the General Plan as compared to baseline. It is expected that VMT will be reduced since the discussion below shows the Amendments will create warehouse distribution developments that generate fewer trips as compared to a shopping center. The intent of e-commerce warehouse distribution, as a whole, is to create satellite locations closer to the consumer. Additionally, the workforce, which the majority travel to other communities for employment, will have shorter trips if employed local by the developments as part of this Amendment. This is expected to further reduce VMT. No development is proposed at this time and any future development would need to address the Town’s adopted VMT threshold. The Amendments have no impact on transportation as no development is proposed at this time and similar land uses are already permitted in the CR District.

Discussion of Impacts
a) & b) Less Than Significant Impact.

If compared to a shopping center, a warehouse distribution development of similar size would cause an overall decrease in traffic trips. Evidence of this was provided by Kimley Horn in a memo dated August 25, 2021. This memo compared the number of trips that would be generated by a 1,977,100 square foot shopping center and a 1,534,500 square foot warehouse distribution development. In the analysis, the warehouse distribution development would additionally include 468,200 square feet of office space and 10,000 square feet of sit-down restaurant area. Both sample projects would be situated on 143 acres within parcels in the Planning area. The results show a warehouse distribution development would produce 54,542 less daily trips; 142 less am peak hour trips; and 3,395 PM less peak hour trips. If the entire 978 acres (Planning area) currently zoned CR were developed with only warehouse distribution with limited office and sit-down restaurants, it is estimated that at build-out, this would reduce daily trips by 375,648 trips in the Project area (See Table 1).

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 36 Any development of warehouse distribution caused by the Amendments will therefore generate fewer trips than were studied in the certified EIR, and the project’s impacts are therefore consistent with the analysis in the EIR.

Any new development would be subject to improvements to bring all streets to General Plan standards, including the construction of roadway half-widths, curb, and gutter. Any new development would be subject to Traffic Impact Fees and will contribute to the overall construction of the General Plan Circulation Element improvements.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 37 As a result of the current evaluation, it is concluded that impacts associated with level of service, VMT and capacity will be less than significant with build out of the proposed project.
c) No Impact. The Apple Valley Airport is located approximately less than four miles east of the Planning area. No improvements are proposed by the Amendments that will adversely impact air traffic patterns, airport functions, or safety. d) No Impact. The Amendments do not propose any hazardous design features. Any future development will be required to provide improvements to public streets, project driveways and interior roadways consistent with Town standards. No impact is expected. e) Less Than Significant Impact. In the Planning area, the General Plan envisions Stoddard Wells and Apple Valley Roads as Major Divided Arterial roads (128 feet wide) at build out.

Falchion Road is a Major Road (104 feet wide) located in the south part of the Planning area. Stoddard Wells Road currently connect to the I-15 freeway to the west and Johnson Road and Dale Evans Road to the northeast. Apple Valley Road connects to Highway 18 to the south and connects to Falchion Road to the north. Falchion Road connects to Apple Valley Road to the east and the I-15 freeway to the east. The General Plan calls Apple Valley Road to eventually extended north and fully connect to Stoddard Wells Road. New development in the Planning area that front on to Apple Valley Road and/or are required access to Stoddard Wells Road to the north will cause Apple Valley Road to be constructed to Stoddard Wells Road. Any future development will be required two points of access for emergency access consistent with the Development Code and Apple Valley Fire District standards. Construction of the Circulation Element road network, and standard requirements will assure that impacts are less than significant.
f) No Impact. Any new development will include parking spaces for passenger vehicles, trailers and heavy duty trucks in compliance with the requirements of the Development Code. No impact is expected.
g) No Impact. Victor Valley Transit provides bus service to the Town. Local service would be extended in the Planning area upon completion of any new development. The certified EIR included measures to assure that transit service needs are monitored, and service established in the future when warranted. No impact is anticipated.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 38 XVI. UTILITIES AND SERVICE SYSTEMS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the construction
of which could cause significant
environmental effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
e) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to
serve the project's projected demand in
addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid
waste disposal needs?
g) Comply with federal, state, and local statutes
and regulations related to solid waste?
Introduction
The General Plan EIR found that any future development within the Planning area had the potential to impact utilities, but that with the implementation of mitigation measures, build out of the General Plan would result in less than significant impacts.

Discussion of Impacts
a-e) Less Than Significant Impact.

Wastewater Treatment
Wastewater generated by any future development will be treated by the Victor Valley Reclamation Authority (VVRA) treatment plant, which has a current capacity of 14.5 million gallons per day (MGD). The treatment plant, located in Victorville, includes capabilities for tertiary treatment, which allow the use of treated water for landscaping.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 39 In addition, the VVRA is constructing sub-regional plants, including one in Apple Valley to allow local tertiary treatment and distribution.

Domestic Water
Liberty Utilities, formerly Apple Valley Ranchos Water Company, provides domestic water services to the Planning area and vicinity. Any future development will be required to comply with current Building Code requirements, which are more stringent regarding water use than those in place when the EIR was prepared, and with all water conservation measures currently being implemented as a result of State mandates for water conservation during the current drought. Any future development will reduce water usage that might otherwise occur through compliance with the EIR’s requirements to use native and drought-tolerance species in all landscaping.

Finally, any future development will include the relocation and extension of a water mains. Impacts associated with domestic water are expected to be less than significant.

Stormwater Management
Any future development will be required to retain the 100 year storm on site, consistent with Town standards. Impacts are expected to be less than significant. Please also see Section VIII.
f-g) Less Than Significant Impact. The Town contracts for solid waste disposal with Burrtec Waste Industries. Solid waste is hauled to the Victorville landfill, which is a County operated facility. Any future development will generate solid waste consistent with that analyzed in the certified EIR, and can be expected to result in up to 15,000 tons of solid waste annually. Impacts associated with solid waste generation are expected to be less than significant.

XVII. ENERGY.

Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant
environmental impact due to wasteful, inefficient,
or unnecessary consumption of energy resources,
during project construction or operation?
b) Conflict with or obstruct a state or local
plan for renewable energy or energy efficiency?
a -b) No development is proposed at this time. Future development will comply with the California Building and Green Code.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Warehouse Distribution CR Overlay
September 2021 Initial Study/Mitigated Negative Declaration 40 XIIX. TRIBAL CULTURAL RESOURCES.

Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code §
21074 as either a site, feature, place, cultural
landscape that is geographically defined in terms
of the size and scope of the landscape, sacred
place, or object with cultural value to a California
Native American tribe, and that is: i) Listed or
eligible for listing in the California Register of
Historical Resources, or in a local register of
historical resources as defined in Public Resources
Code section 5020.1(k), or ii) A resource
determined by the lead agency, in its discretion
and supported by substantial evidence, to be
significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code § 5024.1.

In applying the criteria set forth in subdivision (c)
of Public Resource Code § 5024.1, the lead
agency shall consider the significance of the
resource to a California Native American tribe.
a) No development is proposed at this time, and future development will notify all Native American Tribes and upon request consult with Native American Tribes as required by law.

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Project Jupiter
April 2016 Initial Study/Mitigated Negative Declaration 41 XIX. MANDATORY FINDINGS OF SIGNIFICANCE
NOTE: If there are significant environmental impacts which cannot be mitigated and no feasible project alternatives are available, then complete the mandatory findings of significance and attach to this initial study as an appendix. This is the first step for starting the environmental impact report (EIR) process.

Does the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have the potential to degrade the quality of
the environment, substantially reduce the
habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively
considerable" means that the incremental
effects of a project are considerable when
viewed in connection with the effects of past
projects, the effects of other current projects,
and the effects of probable future projects)?
c) Have environmental effects which will cause
substantial adverse effects on human beings,
either directly or indirectly?
a) Less Than Significant Impacts with Mitigation Incorporated. As detailed in this Initial Study, the proposed project has the potential to impact both biological and cultural resources. With the implementation of mitigation measures in both the

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Project Jupiter
April 2016 Initial Study/Mitigated Negative Declaration 42 certified EIR and this Initial Study, these impacts will be reduced to less than significant levels. The General Plan EIR Mitigation Measures are required upon any future development (Appendix B).

b) Less Than Significant Impact. As described in this Initial Study, the Amendments will allow Warehouse Distribution developments in the CR District. Any new development will have direct construction and operational air quality impacts that will exceed MDAQMD thresholds, and its impacts will be less than significant. However, it can be expected that the emissions of any future development will contribute to the emissions of the overall build out of the General Plan. The EIR and Addendum determined that the development’s overall emissions at build-out would be significant and unavoidable, and the Town Council adopted CEQA findings and a Statement of Overriding Considerations addressing those impacts. Specifically, as identified in the Findings adopted with the certification of the EIR (Town Council Resolution 2006-81), the Town found as follows:
“The Town Council finds and determines that the significant environmental effects identified in the EIR have been reduced to an acceptable level in that: (1) all significant effects that can feasibly be avoided have been eliminated or substantially lessened as determined through the findings set forth in this Resolution; (2) based upon the EIR, Exhibits to this Resolution, and other documents in the record, specific economic, social and other considerations make infeasible other project alternatives identified in said EIR; and (3) based upon the EIR, Exhibits to this Resolution and other documents in the record, all remaining, unavoidable effects of the Specific Plan, General Plan Amendment and Zone Change are overridden by the benefits of the project as described in Exhibit A, which the Town Council is adopting as a Statement of Overriding Considerations for the proposed Project.”
As concerns the currently proposed project, the Amendments do not propose any development and there is no evidence that the project would result in impacts that are any greater than those already disclosed in the EIR. Accordingly, no further analysis is required under State CEQA Guidelines § 15162. The General Plan EIR Mitigation Measures are required upon any future development (Appendix B).

c) Less Than Significant Impacts with Mitigation Incorporated. As described in this Initial Study, the proposed project will not, in and of itself, have significant impacts on air quality, noise or traffic, or other categories impacting human beings. Any future development will, however, contribute to cumulative impacts to air quality, which will potentially impact human beings at General Plan build out. The Town Council, however, when it certified the EIR and Addendum, determined that the benefits of build out of the General Plan outweighed the potential impacts associated with air quality, and adopted Findings and a Statement of Overriding Considerations as described above. There is no evidence that the proposed project would result in impacts that are any greater than those already disclosed in the EIR. Accordingly, no further analysis is required under State CEQA Guidelines § 15162. The General Plan EIR Mitigation Measures are required upon any future development (Appendix B).

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Project Jupiter
April 2016 Initial Study/Mitigated Negative Declaration 43 REFERENCES
Town of Apple Valley General Plan, 2019 Climate Action Plan, and General Plan EIR.

Addendum to the Environmental Impact Report for the Apple Valley 2009 General Plan and Annexation 2008-001 Town of Apple Valley Project No. 2018-001; State Clearinghouse No. 2008091077 Town of Apple Valley Development Code.

Mojave Desert Air Quality Management District California Environmental Quality Act and Federal Conformity Guidelines.

Trip Generation Evaluation Memo, Kimley Horn, September 2021.

Resolution 2021-08 which adopted VMT thresholds for the Town Please note: All special studies and documents listed above are available for review at Town Hall, 14955 Dale Evans Parkway, in Apple Valley.

APPENDIX
A. List of Accessory Parcel Nos. that are affected by the Amendment to allow warehouse distribution in the CR District B. Section III of the 2009 General Plan EIR, which include all mitigation measures C. Resolution 2021-08 adopting VMT thresholds
D. Addendum to the Environmental Impact Report for the Apple Valley 2009 General Plan and Annexation 2008-001 Town of Apple Valley Project No. 2018-001

DRAFT MITIGATED NEGATIVE DECLARATION/INITIAL STUDY
Town of Apple Valley Project Jupiter
April 2016 Initial Study/Mitigated Negative Declaration 44

Town Council Agenda Report
Date: January 11, 2022
To: Honorable Mayor and Town Council
Subject: REDISTRICTING 2022 UPDATE

From: Douglas Robertson, Town Manager
Submitted by: Thomas Rice, Town Attorney
Town Attorney
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Receive and file written and oral report from Town Attorney. Provide any additional direction as may be desired.

BACKGROUND:

In 2019, in response to a threat of litigation under the California Voting Rights Act and like many jurisdictions throughout the state, the Town transitioned from an at-large to a bydistrict election system. The Town did so after a lengthy public outreach process, which included holding five public hearings and a workshop. The Town is presently divided into five districts, which were based on the following factors:
 Geography
o Use major roadways as dividing lines
o Consider future growth areas
 Communities of Interest
o Attempt to keep distinct communities together
o Attempt to place some commercial property in every district o Attempt to place some parks or open space in every district o Attempt to split the North Apple Valley Industrial Specific Plan (NAVISP) so a single council member is not responsible for the entire area  Cohesiveness, Contiguity, Integrity, and Compactness of Territory o Accept that it will be natural for their to be a wide variation in district size due to lack of density in various parts of Town

o Do not prioritize trying to make districts the same size in area terms In November 2020, the Town held its first by-district elections. Districts 1 and 2 were the subject of the election. Incumbent candidates were not challenged during the election and were, therefore, reelected automatically.

DISCUSSION:

Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed.

This process, called redistricting, ensures all districts have a nearly equal population. The redistricting process for the Town of Apple Valley must be completed by April 17, 2022.

The Town’s districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020. Under the Act, the Town Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):

1. Comply with the federal requirements of equal population and the Voting Rights Act;

2. Be geographically contiguous;

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together);

4. Display easily identifiable boundaries;

5. Be compact (do not bypass one group of people to get to a more distant group of people); and

6. Shall not favor or discriminate against a political party.

Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Minimize the number of voters delayed from voting in 2022 to 2024;

2. Respect voters’ choices/continuity in office; and

3. Future population growth.

By law, the Town must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
 At least one hearing must occur before the agency draws draft maps;  At least two hearings must happen after the drawing of draft maps (the fourth hearing can happen either before or after the drawing of draft maps); and  Agency staff or consultants may hold a public workshop instead of one of the required public redistricting hearings.

To increase the accessibility of these hearings, the Town must take the following steps:

 At least one hearing must occur on a Saturday, Sunday, or after 6:00 p.m. on a weekday;
 If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing must be begin at a pre-designated time; and  Local public redistricting hearings must be made accessible with people with disabilities.

Town staff has begun working with National Demographics Corporation (NDC), the consultant which prepared the Town’s prior draft maps, for the purposes of redistricting.

NDC has provided a scope of work (attached) which covers all required components.

Town staff anticipates entering into an agreement with NDC and bringing forward a schedule of hearings/workshops at the January 25, 2022 Town Council meeting.

FISCAL IMPACT:

None for this receive and file item. However, the contract with NDC for redistricting services is anticipated to be within the Town Manager’s signature authority of $50,000.

Depending on the level of service required, it may be necessary to increase the contract amount in the future. If that is necessary, Town Council approval will be required in advance.

ATTACHMENTS:

1. Current District Map

2. NDC Scope of Work

2 4
3 5
1 15
15 Apple Valley Arprt
18 18
Bear Valley Cutoff
Apple Valley Rd
Falchion Rd
Rincon Rd
Kiowa Rd
Nisqually Rd
N
a
v
ajo
R
d
Thunderbird Rd
D
ale
E
v
a
ns P
kw
y
Otoe Rd
Johnson Rd
Tussing Ranch Rd
B
u
e
n
a
Vista
St
Ce
ntr
al Rd
Ramona Ave
Papago Rd
Lafayette St
Colusa Rd
National Demographics Corporation, June 3, 2019
Map layers
Districts
Water Area
Streets
Landmark Point
Pipeline/Power Line
Railroad
River
Voting District Map
Adopted July 23, 2019

National Demographics Corporation
City of Apple Valley

December 14, 2021
NDC Standard Redistricting Scope of Work
 Project Setup and coordination:
o Development of demographic database including Census Bureau and California Statewide Database data of total population, citizen voting age population, voter registration, voter turnout, and socio-economic data on language spoken at home, renters vs homeowners, age, education level, and other factors useful in identifying communities of interest;
o Incorporation of any Geographic Information System (GIS) data that the jurisdiction wishes to include and provides (often including school locations; school attendance areas; important local landmarks; or local neighborhood boundaries);
o Compile population data by election area and calculate population deviations of existing districts;
o Initial telephonic discussion with about data, communities of interest, schedule, criteria and special concerns of the jurisdiction;
o Assist jurisdiction with developing a communications plan for public outreach, including suggestions for webpage content and design, public feedback logistics, and strategies for engaging constituents;
o Assist jurisdiction with developing a project plan, including a detailed timeline, goals and objectives, and specific deliverables list;
o Provide progress reports on an as-needed basis as determined by the project manager and meet regularly with project team;
o Any phone- or web-conference calls to discuss the project's progress or to answer any questions that may arise;
o Provide education and guidance on required redistricting criteria, and advice on selecting optional redistricting criteria, for staff and elected officials;  Plan Development:
o Provide memo on population balance and any potential divisions of “protected class” population concentrations in the existing election areas map; o Creation of 2 to 4 initial draft maps;
o Analysis and preparation for presentation of all whole or partial plans submitted by the public;
o Conversion of all maps and reports to web-friendly versions; o Online posting of all maps to an interactive review website; o Create any requested additional and/or revised maps as requested;  Plan implementation:
o Provide spatial data in GIS-friendly format of any dataset used or created for this project to staff upon request;
o Work with the County Registrar of Voters to implement the final adopted plan;  Project Options
o Number of virtual or in-person meetings (and resulting per-meeting fee); o Consultant-prepared and -managed project website;
o Online mapping tool allowing residents to draw and submit maps; o Paper-based mapping tool allowing residents to draw and submit maps.

National Demographics Corporation
City of Apple Valley

Project Pricing

1. Basic Project Elements (covers everything except for per-meeting and optional expenses): ........................................................................................ $ 24,500

2. Per-Meeting expense:
 In-person attendance, per meeting ........................................................... $ 3,500  Virtual (telephonic, Zoom, etc.) attendance, per meeting ..................... $ 1,750 For each meeting, NDC will prepare meeting materials, including presentation materials and maps; present and explain key concepts, including mandatory and traditional redistricting criteria and “communities of interest”; facilitate conversations; answer questions; and gather feedback on existing and proposed boundaries. Per-meeting prices include all travel and other anticipated meeting-related expenses. Telephone calls to answer questions, discuss project status, and other standard project management tasks do not count as meetings and do not result in any charge.

3. Optional Project Elements:
a) Additional set of maps (Beyond simple revisions to initial draft maps.

For example, 4-district options in addition to 5-district options)... $ 3,500 b) Project website....................................................................................... $ 9,000 c) Public mapping tool options:
 Online and paper system including all elements below.............. $ 8,500  DRA, aka Dave's Redistricting App (a simple online mapping tool)  Public Participation Kit paper- and Excel-based mapping tool d) Public Participation Kit mapping tool alone ..................................... $ 4,500 e) Working with independent or advisory redistricting
commission ......................................................................no additional charge f) Additional outreach assistance..................................... separately contracted

National Demographics Corporation
City of Apple Valley

Exception: “Still Balanced” Jurisdictions
For a few jurisdictions, the existing election areas will still meet the equal population and voting rights act requirements using new 2020 Census data. These jurisdictions have the option simply retain the existing map without drawing and holding hearings on alternative maps. For jurisdictions electing this approach, the project would conclude with that decision.

Includes all the services listed below:......................................................................................$ 5,500  Compile total population and Citizen Voting Age Population data.  Import existing election area lines.
 Compile population data by election area and calculate population deviations, prepare memo summarizing findings.
“Still Balanced” optional project elements and per-meeting expenses Meeting attendance and optional project elements are not included in the “minimal change” project base fee. If requested, NDC team members participate in “minimal change” project hearings or forums at the same “per meeting” expenses, and optional project elements are provided at the same prices listed for a standard project in the previous section of this proposal.

Proposal Acceptance
The terms of this proposal are available for 90 calendar days from its delivery to you. In most situations, NDC is open to extending that period of time to meet any particular needs of your jurisdiction.

If your jurisdiction has specific contract and/or letter of agreement language you prefer to use, please provide it and ignore the signature block below. If you prefer, simply sign two copies of this proposal in the signature block below and return them to NDC. Once signed by NDC, one copy will be returned to you.

Thank you.

For National Demographics Corporation For Apple Valley
Douglas Johnson, President
Date Date

Town Council Agenda Report
Date: January 11, 2022
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION

From: Douglas Robertson, Town Manager
Submitted by: Douglas Robertson, Town Manager
Town Manager
Budgeted Item: Yes No N/A
A. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.

B. Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one or more potential cases.

C. Conference with Real Property Negotiators – Pursuant to Government Code.

Section 54956.8. Property: Apple Valley Ranchos Water Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); Authority Negotiator: Town Manager; Negotiating Parties: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation: Price and Terms of Payment.

D. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.:

CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.