Agenda packet — Apple Valley City Council, June 14, 2022

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, June 14, 2022, 6:30 p.m.

Council Chamber

PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER

FOR INDIVIDUALS NOT PHYSICALLY PRESENT AND STILL WISHING TO MAKE PUBLIC COMMENTS, YOU MAY COMMENT IN ONE OF TWO WAYS: 1) COMMENTS AND CONTACT INFORMATION CAN BE EMAILED TO [email protected], TO BE INCLUDED IN THE RECORD; 2) A REQUEST TO SPEAK CAN BE EMAILED TO THE SAME

ADDRESS AS ABOVE AND AT THE TIME OF THE REQUESTED AGENDA ITEM, THE TOWN

CLERK WILL PLACE A PHONE CALL TO THE COMMENTER AND ALLOW THEM TO SPEAK TO

THE COUNCIL VIA SPEAKER PHONE DURING THE LIVE MEETING FOR UP TO THREE MINUTES.

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 Elbert Moralde - Apple Valley All Nations Seventh-Day Adventist Church

2.2. Pledge of Allegiance

2.3. Presentations
Mayor's Weight Loss Challenge Results - Mr. Andy Shoup, Recreation Supervisor

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.

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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 - June 28, 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 - 6.11 as recommended.

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

6.2. MAY 2022 COMMERCIAL WARRANTS AND WIRE TRANSFER

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

6.3. MAY 2022 PAYROLL/BENEFITS WARRANTS SCHEDULE 36
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

6.4. QUARTERLY TREASURER'S REPORT – JANUARY – MARCH 2022 38 That Town Council receive and file the January-March 2022 Quarterly Treasurer’s Report.

6.5. AWARD OF CONTRACT, LANDSCAPE ASSESSMENT DISTRICT L-3

FENCING
48 Award a contract to All American Fence Erectors for the Landscape Assessment District L-3 Fencing Project, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6.6. AWARD OF CONTRACT, RIGHT OF WAY MAINTENANCE AND

STORM CLEANUP
55 Award a contract to Cooley Construction, Inc. for the Right of Way Maintenance and Storm Cleanup Contract, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6.7. CONSENT TO ADVERTISE THE MUNI ROAD DRIVEWAY AND BOX

CULVERT PROJECT
61 That the Town Council review and approve the bid documents for the Muni Road Driveway and Box Culvert project
A.

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

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6.8. AMENDMENT NO. 8 TO THE WASTE DISPOSAL AGREEMENT

BETWEEN THE TOWN OF APPLE VALLEY AND THE COUNTY OF

SAN BERNARDINO
64 That the Town Council approve Amendment No. 8 to the Waste Disposal Agreement (WDA) between the Town of Apple Valley and the County of San Bernardino to cap the WDA rate at 85 percent (85%) of the gate rate.

6.9. BIENNIAL REVIEW OF THE TOWN OF APPLE VALLEY’S CONFLICT

OF INTEREST CODE TO COMPLY WITH THE POLITICAL REFORM
ACT
71 Direct the Town Manager or designee to review its code and submit a notice to the Town Council by October 1, 2022, that either amendments are required or that no amendments are necessary.

6.10. SECOND READING OF ORDINANCE NO. 555 AN ORDINANCE OF

THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY,
CALIFORNIA, AMENDING SECTION 3.08.050 OF CHAPTER 3.08 OF TITLE 3 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE

RELATING TO REPORTS
72 Adopt Ordinance No. 555

6.11. LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT #1 –

ENGINEER'S ANNUAL REPORT AND LEVY OF ASSESSMENT FOR
FY 2022-2023
75 Adopt Resolution No. 2022-20, a Resolution of the Town Council of the Town of Apple Valley Directing the Filing of the Annual Report for the Town of Apple Valley Landscaping and Lighting Assessment District.

Receive and approve the engineer's report as filed, or as amended.

Adopt Resolution No. 2022-21, a Resolution of the Town Council of the Town of Apple Valley Declaring its Intention to Order Improvements and to Levy and Collect Assessments for Fiscal Year 2022-2023.

Direct the Town Clerk to publish the Resolution of Intention at least 10 days prior to the date of the public hearing.

7. Public Hearings

8. Business of the Council

8.1. BUDGET WORKSHOP 2022/2023 117
Receive and provide direction to staff.

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update

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11. Closed Session
None

12. Adjournment
Recommended Motion:

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

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TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS

CITIZEN ADVISORY COMMITTEES

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

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

TRAFFIC ADVISORY COMMITTEE (TAC)
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

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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.

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Town Council Agenda Report
Date: June 14, 2022
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES

From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, 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 May 24, 2022

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1 Apple Valley Town Council

MINUTES
May 24, 2022, 6:30 p.m.

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

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

Council Member Larry Cusack joined the meeting at 6:30 pm.

Council Member Curt Emick joined the meeting at 6:30 pm.

Council Member Scott Nassif joined the meeting at 6:30 pm.

Mayor Pro Tem Art Bishop joined the meeting at 6:30 pm.

Mayor Kari Leon joined the meeting at 6:30 pm.

2. Opening Ceremonies

2.1 Invocation
Bishop Kevin Wheeler - The Church of Jesus Christ of Latter-Day Saints

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

2.3 Presentations

2.3.1 Employee of the Quarter - Chris Johnson, Innovation and Technology Coordinator

3. Public Comments

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2 John Muir, Apple Valley, expressed concern regarding four way stops in the Town and the excessive speeding and road rage that he feels is taking place in the community. He believed that actions regarding safety on our highways should be addressed.

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

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

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

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

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

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

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

5. Town Council Announcements

5.1 Suggested items for next Agenda
Mayor Leon announced that the results of the Mayors Weight Loss Challenge will be announced at the next meeting on June 14, 2022.

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - June 14, 2022 - Council Chambers Regular Session at 6:30 p.m.

6. Town Council Consent Agenda
Council Member Nassif asked for an update on Agenda Reports 6.4, 6.5 and 6.6 regarding the Bear Valley Road Bridge over Mojave River Rehabilitation and Widening Project.

Brad Miller, Town Engineer, presented a brief update on the process and funding for the above referenced project.

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3 Doug Robertson, Town Manager, commented on Agenda Report 6.13. He explained that the Town would be transitioning to management of the Apple Valley Golf Course effective July 1, 2022. He explained the need for the classification and salary plan update to address the employment needs for the Town.

Council Member Nassif also acknowledged the resolution designating June 19 as Juneteenth Independence Day in the Town of Apple Valley.

Council Member Cusack stated that he had a potential conflict of interest on Agenda Item 6.11 as a property owner in the PBID and therefore he would abstain from voting on this item.

Council Member Nassif stated that he had a potential conflict of interest on Agenda Item 6.11 as a property owner in the PBID and therefore he would abstain from voting on this item.

Motion by: Council Member Emick
Seconded by: Council Member Nassif
To approve the Consent Calendar items numbered 6.1-6.13 as recommended.

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

Carried (5 to 0)

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

6.2 QUARTERLY TREASURER'S REPORT – JULY – SEPTEMBER 2021 That Town Council receive and file the July-September 2021 Quarterly Treasurer’s Report.

6.3 QUARTERLY TREASURER'S REPORT - OCTOBER - DECEMBER
2021
That Town Council receive and file the October-December 2020 Quarterly Treasurer’s Report.

6.4 BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER
REHABILITATION & WIDENING PROJECT: FUNDING AGREEMENT
NO. 22-1002754

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4 That the Town Council approve Project Funding Agreement No. 22- 1002754 with San Bernardino County Transportation Authority for Phase 1 of the Bear Valley Road Bridge over Mojave River Rehabilitation and Widening Project, subject to approval as to form by the Town Attorney and as to content by the Town Manager.

6.5 BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER
REHABILITATION & WIDENING PROJECT: FORMAL CONTRACT
AMENDMENT NO. 2 BAT MITIGATION AND MULTI-AGENCY

COORDINATION
Approve Formal Contract Amendment No. 2 to the March 11, 2014 Agreement between the Town of Apple Valley and Dokken Engineering for engineering and design services for the Bear Valley Road Bridge over the Mojave River Rehabilitation and Widening Project for an amount not-toexceed $178,791 and a time extension to December 31, 2023.

6.6 BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER
REHABILITATION & WIDENING PROJECT: UTILITY AGREEMENTS
NOS. 2030.011, 2030.01 AND 2030.013
That the Town Council approve Utility Agreements Nos. 2030.011, 2030.012 and 2030.013 with Southern California Edison for the Bear Valley Road Bridge over Mojave River Rehabilitation and Widening Project, subject to approval as to form by the Town Attorney and as to content by the Town Manager.

6.7 APPROVE AMENDMENT FOR CONSTRUCTION SUPPORT SERVICES

FOR THE JESS RANCH LIFT STATION PROJECT
Approve an Amendment to the Professional Services Agreement with Lee + Ro for additional construction support services for the Jess Ranch Lift Station Upgrade project, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6.8 APPROVE CALIFORNIA CHOICE ENERGY AUTHORITY ENTERING

INTO A LONG-TERM RESOURCE ADAQUACY AGREEMENT WITH
SANTA PAULA ENERGY STORAGE, LLC. ON BEHALF OF APPLE

VALLEY CHOICE ENERGY
Approve California Choice Energy Authority Entering into a Long-Term Resource Adequacy Agreement with Santa Paula Energy Storage, LLC on behalf of Apple Valley Choice Energy.

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5 6.9 HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT
That the Town Council approve the Household Hazardous Waste (HHW) Agreement between the Town of Apple Valley and the San Bernardino County Fire Protection District (SBCFPD).

6.10 RESOLUTION DESIGNATING JUNE 19 AS JUNETEENTH

INDEPENDENCE DAY IN THE TOWN OF APPLE VALLEY
Adopt Resolution 2022-15 designating June 19, as Juneteenth Independence Day in the Town of Apple Valley.

6.11 RESOLUTION OF INTENT TO RENEW AND MODIFY BOUNDARY OF

THE APPLE VALLEY VILLAGE PROPERTY AND BUSINESS

IMPROVEMENT DISTRICT (PBID)
That the Town Council adopt a Resolution of Intention to renew and modify the boundaries of the Apple Valley Village Property and Business Improvement District (Village PBID) and to levy and collect assessments therein.

6.12 STATE ROUTE 18 CORRIDOR ENHANCEMENT PLAN PHASE II
Adopt Resolution 2022-17 authorizing the Town Manager to execute agreements with the California Department of Transportation for the Apple Valley State Route 18 Corridor Enhancement Plan Phase II.

6.13 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. 2022-18, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan.

7. Public Hearings
Silvia Urenda, Housing and Community Development Specialist II, presented the staff report as filed with the Town Clerk.

7.1 2022-2026 CONSOLIDATED PLAN, 2022-2023 ANNUAL ACTION

PLAN, ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE,

AND CITIZEN PARTICIPATION PLAN
It is recommended the Town Council approve the 2022-2026 Consolidated Plan, Analysis of Impediments to Fair Housing Choice, the Community Development Citizen Advisory Committee (“CDCAC”) funding

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6 recommendations for the 2022-23 First-Year Annual Action Plan, and the Citizen Participation Plan, and authorize the Town Manager to execute all necessary HUD documents on behalf of the Town.

Mayor Leon opened the public hearing at 7:22 p.m.

Silvia Urenda, Housing and Community Development Specialist II, presented the staff report as filed with the Town Clerk. Ms. Urenda noted that the allocation for this year was reduced from $618,000 to $597,000.

She explained how the dollar allocations would be reduced.

There being no requests to speak, Mayor Leon closed the public hearing at 7:24 p.m.

Motion by: Mayor Pro Tem Bishop
Seconded by: Council Member Nassif
Approve the 2022-2026 Consolidated Plan, Analysis of Impediments to Fair Housing Choice, the Community Development Citizen Advisory Committee (“CDCAC”) funding recommendations for the 2022-23 FirstYear Annual Action Plan, and the Citizen Participation Plan, and authorize the Town Manager to execute all necessary HUD documents on behalf of the Town as amended.

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

Carried (5 to 0)

8. Business of the Council

8.1 INTRODUCE ORDINANCE NO. 555 – AN ORDINANCE OF THE TOWN

COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING CHAPTER

3.08 (INVESTMENT OF MONEYS AND FUNDS) OF TITLE 3 OF THE

TOWN OF APPLE VALLEY MUNICIPAL CODE RELATING TO THE

OFFICE OF REVENUE AND FINANCE
AND EXCEPTIONS OF CHAPTER 3.08
A. Move to WAIVE reading of Ordinance 555 in its entirety and read by title
B. Move to INTRODUCE Ordinance No. 555 amending Chapter 3.08 (Investment of Moneys and Funds) of Title 3 of The Town of Apple

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7 Valley Municipal Code by Amending Sections 3.08.050 Relating to the Office of Revenue and Finance and Exceptions of Chapter 08.

Sydnie Harris, Director of Finance, presented the staff report as filed with the Town Clerk.

Motion by: Council Member Nassif
Seconded by: Council Member Emick
WAIVE reading of Ordinance 555 in its entirety and read by title Yes (5): Council Member Cusack, Council Member Emick, Council Member Nassif, Mayor Pro Tem Bishop and Mayor Leon.

Carried (5 to 0)
La Vonda M-Pearson, Town Clerk, read the title to Ordinance No. 555.

Motion by: Council Member Nassif
Seconded by: Council Member Emick
INTRODUCE Ordinance No. 555 amending Chapter 3.08 (Investment of Moneys and Funds) of Title 3 of The Town of Apple Valley Municipal Code by Amending Sections 3.08.050 Relating to the Office of Revenue and Finance and Exceptions of Chapter 08.

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

Carried (5 to 0)

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, announced the upcoming activities and events in the Town of Apple Valley.

11. Closed Session
None.

12. Adjournment
To adjourn the meeting of the Apple Valley Town Council at 7:29 p.m., in memory of the lives lost in the Uvalde Shooting and prayers for the parents and loved ones who lost an innocent life.

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

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Town Council Agenda Report
Date: June 14, 2022
To: Honorable Mayor and Town Council
Subject: MAY 2022 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES

From: Douglas Robertson, Town Manager
Submitted by: Sydnie Harris, Director of 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 May 1 through May 31, 2022 in the amount of $4,846,708.38 covering issued warrant #’s 152296 – 152887. Also, wire transfers were made from May 1 through May 31, 2022 in the amount of $607,699.50.

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
592 Commercial Warrants were issued in the amount of $4,846,708.38 1 Wire Transfer payment was issued in the amount of $607,699.50

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

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Town Council Agenda Report
Date: June 14, 2022
To: Honorable Mayor and Town Council
Subject: MAY 2022 PAYROLL/BENEFITS WARRANTS SCHEDULE

From: Douglas Robertson, Town Manager
Submitted by: Sydnie Harris, Director of 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 of the Town of Apple Valley Municipal Code, except for tort claims, every claim and demand received against the Town shall be presented to, approved in writing by the receiving department or office, certified to the delivery or rendition of the supplies, materials, property or service for which payment is claimed, and that the quality and prices correspond with the original specifications and contracts.

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 May 1 through May 31, 2022, in the amount of $591,210.13 net of voids, covering issued warrant #’s 67966-68036 and direct deposit advice #’s 9979285-9979563 are herewith submitted for approval.

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FISCAL IMPACT

DATE TOTAL
05/13/2022 $311,023.30
05/27/2022 $280,186.83
TOTAL: $591,210.13
The payroll and benefit warrants issued, covering warrant #’s 67966 - 68036 and direct deposit advice #’s 9979285 – 9979563 inclusive, totaled $591,210.13. Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.

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Town Council Agenda Report
Date: June 14, 2022
To: Honorable Mayor and Town Council
Subject: QUARTERLY TREASURER’S REPORT – JANUARY – MARCH 2022

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

RECOMMENDED ACTION
That Town Council receive and file the January-March 2022 Quarterly Treasurer’s Report.

SUMMARY
The January-March 2022 Treasurer’s Report is attached for Town Council review. The attached investment portfolio for the fiscal year-to-date period ended March 31, 2022 is presented to Town Council for Council’s review. The portfolio is in compliance with the investment policy and there is adequate liquidity in the portfolio to meet the next six months of expenditures.

BACKGROUND
Under provisions of Section 53646 of the California Government Code, the Treasurer or his/her designee shall render a quarterly investment report to the Town Council, the Town Manager, and the Town Attorney within 30 days following the end of the quarter covered by the report.

Attached is the Treasurer’s Report for the period ended March 31, 2022. This investment performance report lists the various types of securities, institutions the securities were purchased from, maturity dates and interest rates for all securities held in the Town’s investment portfolio as of the end of the reporting period. All of the Town’s investments as of March 31, 2022, are in compliance with the Investment Policy adopted by Council on June 23, 2021 and the California Government Code except as may otherwise be noted or disclosed herein. All market values provided in this report were obtained from the various financial institutions associated with the various accounts. Market values for LAIF were provided by the State Treasurer’s Office. The market value shown for the Town’s LAIF investment represents the Town’s contractual rights to its LAIF account and does not represent the value of the underlying portfolio securities. As of March 31, 2022, the

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Town has adequate cash reserves necessary to meet its obligations for the next six months.

COMPLIANCE REPORTING
The Town’s investment portfolio is in compliance with the Town’s adopted investment policy and applicable State laws during, and as of the end of, the reporting period.

Also, attached for informational purposes, is the preliminary Schedule of Revenues, Expenditures and Changes in Fund Balance for the Apple Valley Golf Course Fund for the period ending March 2022.

FISCAL IMPACT
The Town’s investment portfolio has adequate liquidity to meet the budgeted and actual expenditures of the Town for the next six months.

ATTACHMENTS
A. Treasurer’s Report
B. Apple Valley Golf Course Fund Schedule

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Town Council Agenda Report
Date: June 14, 2022
To: Honorable Mayor and Town Council
Subject: AWARD OF CONTRACT, LANDSCAPE ASSESSMENT DISTRICT L-3

FENCING

From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Interim Director of Public Works Public Works
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a contract to All American Fence Erectors for the Landscape Assessment District L-3 Fencing Project, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

BACKGROUND
The project consists of removing and replacing a white three-rail vinyl fence and gates in the L-3 Landscape Assessment District. The fence has achieved its useful life and needs to be replaced. On June 1, 2022, the Town received and opened bids for the subject project in response to the Notice Inviting Sealed Bids issued by the Public Works Department on May 6, 2022. The bid results are as follows:

Contractor Base Bid Price

1. All American Fence Erectors $91,001.00

2. Quality Fence Co., Inc. $128,755.80

ANALYSIS
The bid documents for the project were reviewed by staff for accuracy, responsiveness and constructability. Staff reviewed the bid submissions for completeness and considers All American Fence Erectors to be a qualified, responsible and responsive bidder.

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FISCAL IMPACT
Funding for the project has been appropriated in the adopted FY 2021-22 budget under Lighting and Landscape District account code 2810-3310-7935-0000.

ATTACHMENTS
A. Project Location
B. Contract for Construction

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Project Location

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SECTION 400 - CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made this 14th day of June, 2022, in San Bernardino County, State of California, by and between the Town of Apple Valley, hereinafter called Town, and Dantin Enterprises, Inc., DBA All American Fence Erectors, hereinafter called Contractor. Town and Contractor agree, for valuable consideration, as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work and provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents (specified in Article 5 below) for the public work of improvement titled:

Landscape Assessment District L-3 Fencing
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 Working Days from the commencement date stated in the Notice to Proceed, hereafter the Contract Time. By its signature hereunder, Contractor agrees the Contract Time is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Ninety-One Thousand One Dollars ($91,001.00), hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that Town will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the Town’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the Town the sum of $750.00 for each and every Working Day of delay in completing the Work beyond the Contract Time, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, Town may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the Town’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, Town may deduct liquidated damages based on its estimate of when Contractor will achieve Final Completion or other Milestones. Town need not wait until Final Completion to withhold liquidated damages from Contractor.

Liquidated damages are not a penalty but an agreed estimate of the actual damages that would be sustained by the Town for delay, including but not limited to loss of revenue, inconvenience to the Town and the public, and increased Project administration expenses such as extra inspection, construction management, staff time, and architectural and engineering expenses. Liquidated

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damages do not include damages the Town incurs on account of claims by third parties against the Town on account of any delay.

Should money due or to become due to Contractor be insufficient to cover liquidated damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to Town.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include only the following documents, each of which is incorporated into this Contract for Construction by reference:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Standard Specifications (Excluding sections 1-9 in their entirety) Addenda
Plans
Change Orders executed by Town
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of a conflict, the various Contract Documents will be given effect in the order set forth in Article 2.b of the General Conditions.

This Contract constitutes the full and complete agreement between the parties with regard to the Project and the Work, and supersedes any prior agreement of the parties, whether written or oral.

The Contract can be modified only by a written Change Order executed in accordance with the Contract Documents.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.

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ARTICLE 8. PREVAILING WAGES. Contractor shall pay not less than the prevailing rate of wages in accordance with the Labor Code, which rates have been determined by the Director of the California Department of Industrial Relations and shall be made available at the office of the Town Clerk or may be obtained online at http//www.dir.ca.gov/dlse.

If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall pay the higher of the state or federal prevailing wage rates.

The wage rates must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

TOWN OF APPLE VALLEY DANTIN ENTERPRISES, INC., DBA ALL

AMERICAN FENCE ERECTORS
By: __________________________ By: ___________________________ Kari Leon John Noss
Mayor President
ATTEST:
__________________________
Ms. La Vonda M. Pearson, Town Clerk
APPROVED AS TO CONTENT:
__________________________
Douglas B. Robertson, Town Manager
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
__________________________
Thomas Rice, Town Attorney

END OF CONTRACT

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Town Council Agenda Report
Date: June 14, 2022
To: Honorable Mayor and Town Council
Subject: AWARD OF CONTRACT, RIGHT OF WAY MAINTENANCE AND

STORM CLEANUP

From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Interim Director of Public Works Public Works
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a contract to Cooley Construction, Inc. for the Right of Way Maintenance and Storm Cleanup Contract, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

BACKGROUND
The project consists of providing necessary labor, equipment and materials to perform right of way maintenance and storm cleanup at various locations. The initial contract period is from July 1, 2022 to June 30, 2023 and includes the potential to extend the contract up to an additional four (4) one (1) year extensions. On June 1, 2022, the Town received and opened bids for the subject project in response to the Notice Inviting Sealed Bids issued by the Public Works Department on May 12, 2022. The bid results are as follows:

Contractor Base Bid Price

1. Cooley Construction, Inc. $759,957.00

2. High Desert Underground, Inc. $1,935,406.95

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ANALYSIS
The bid documents for the contract were reviewed by staff for accuracy. Staff reviewed the bid submissions for completeness and considers Cooley Construction, Inc. to be a qualified, responsible and responsive bidder.

FISCAL IMPACT
Funding for the project has been appropriated in the adopted FY 2022-23 budget under Street Maintenance account code 2010-5010-7935-0000.

ATTACHMENTS
A. Contract for Construction

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SECTION 400 - CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made this 14th day of June, 2022, in San Bernardino County, State of California, by and between the Town of Apple Valley, hereinafter called Town, and Cooley Construction, Inc., hereinafter called Contractor. Town and Contractor agree, for valuable consideration, as follows:

Right of Way Maintenance and Storm Cleanup FY 2022-23
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents by June 30, 2023, stated in the Notice to Proceed, hereafter the Contract Time. By its signature hereunder, Contractor agrees the Contract Time is adequate and reasonable to complete the Work.

Upon successful and satisfactory completion of contractor performance for the initial base contract period ending June 30, 2023, the Town, at its option, may offer to extend the contract period up to four (4), one (1) year extensions of extended maintenance. If the Town’s offer of an annual extension is accepted by the contractor, the Town shall adjust for the term of that extension by the Engineering News Record (ENR), construction cost index, 20 cities average, March to March.

ARTICLE 3. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Hundred Fifty-Nine Thousand Nine Hundred Fifty-Seven Dollars ($759,957.00), hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions.

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Liquidated damages are not a penalty but an agreed estimate of the actual damages that would be sustained by the Town for delay, including but not limited to loss of revenue, inconvenience to the Town and the public, and increased Project administration expenses such as extra inspection, construction management, staff time, and architectural and engineering expenses. Liquidated damages do not include damages the Town incurs on account of claims by third parties against the Town on account of any delay.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include only the following documents, each of which is incorporated into this Contract for Construction by reference:

This Contract constitutes the full and complete agreement between the parties with regard to the Project and the Work, and supersedes any prior agreement of the parties, whether written or oral.

The Contract can be modified only by a written Change Order executed in accordance with the Contract Documents.

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ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall pay not less than the prevailing rate of wages in accordance with the Labor Code, which rates have been determined by the Director of the California Department of Industrial Relations and shall be made available at the office of the Town Clerk or may be obtained online at http//www.dir.ca.gov/dlse.

The wage rates must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

TOWN OF APPLE VALLEY COOLEY CONSTRUCTION, INC.

By: __________________________ By: ___________________________ Kari Leon Benjamin Cooley
Mayor President
ATTEST:
__________________________
Ms. La Vonda M. Pearson, Town Clerk
APPROVED AS TO CONTENT:
__________________________
Douglas B. Robertson, Town Manager
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
___________________________
Thomas Rice, Town Attorney

END OF CONTRACT

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Town Council Agenda Report
Date: June 14, 2022
To: Honorable Mayor and Town Council
Subject: CONSENT TO ADVERTISE THE MUNI ROAD DRIVEWAY AND BOX

CULVERT 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 Muni Road Driveway and Box Culvert project
B. That the Town Council authorize staff to solicit bids for construction of said project.

BACKGROUND
Due to the realignment of Apple Valley Road at Highway 18, access to westerly Wika Road has been eliminated from Apple Valley Road in front of the Desert Mountain Plaza.

The Muni Road Driveway and Box Culvert Project will construct a new access point to the plaza from Muni Road at the intersection of Chiwi Road. The new driveway will be similar to the driveway/bridge located on Muni Road providing access to 17768 Wika Road.

ANALYSIS
Bid documents for the Muni Road Driveway and Box Culvert 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

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Funding for this project has been appropriated in the proposed FY 2022-2023 budget using account 4410-5210-9473-0000. There is no immediate impact for advertising this project.

ATTACHMENTS
A. Project Location

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PROJECT LOCATION

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Town Council Agenda Report
Date: June 14, 2022
To: Honorable Mayor and Town Council
Subject: AMENDMENT NO. 8 TO THE WASTE DISPOSAL AGREEMENT

BETWEEN THE TOWN OF APPLE VALLEY AND THE COUNTY OF

SAN BERNARDINO
From: Douglas Robertson, Town Manager
Submitted by: Julie Ryan, Special Projects Manager
Town Manager’s Office
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve Amendment No. 8 to the Waste Disposal Agreement (WDA) between the Town of Apple Valley and the County of San Bernardino to cap the WDA rate at 85 percent (85%) of the gate rate.

BACKGROUND
The Town entered into a Waste Disposal Agreement (WDA) with the County of San Bernardino in 1988 allowing trash generated within the Town to be taken to county landfills in return for receiving the lowest tipping fee in use at the landfills.

In 2002, the WDA was amended to implement the “Article 19 Solid Waste” component of the County’s waste management system allowing additional waste to enter the landfill system at a cost of $20.50 per ton; lower than the $29.42 per ton that was being paid by other WDA cities. The amendment established a mechanism that allowed the County to share 50% of the net profit generated by the additional tonnage with the WDA cities.

Amendment No. 2 was approved in 2003 to increase the annual maximum limits of “Article 19 Solid Waste” in the County landfill system by 75,000 tons agreeing to share the net profit generated by the additional tonnage.

In 2005, after an upgrade to the Material Recovery Facility (MRF), the Town started diverting approximately 4,000 tons of waste from the Victorville landfill. That amount increased to over 7,000 tons in 2006. In August 2007, a third amendment was approved

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Council Meeting Date: June 14, 2022
which established a fee to fund landfill-based recycling programs at all landfills and transfer stations in the county.

Amendment No. 4 was approved in November 2007 to change the 12-month time period of the annual price adjustment calculation from February to September. The change was requested to allow sufficient time for the county’s Solid Waste Management Department to calculate the new tipping rate, obtain Board of Supervisors’ approval and provide the new rate to the cities in time to hold public hearing prior to finalizing municipal budgets in May or June.

On October 23, 2012, Town Council approved the fifth amendment to the WDA between the Town of Apple Valley and the County of San Bernardino. The WDA previously covered fourteen (14) municipalities with multiple agreement expiration dates. The fifth amendment extended the terms of the WDA until June 30, 2016 and adjusted the WDA to have each City/Town on the same termination date.

Amendment No. 6 extended the term of the WDA to June 30, 2021, applied an annual fixed WDA renewal discount adjustment of $0.82 per ton for the term of the WDA, and allowed the County to enter into agreements to accept in-County waste from non-WDA users of the Disposal System at a rate lower than the WDA Contract Rate in exchange for sharing the net revenue generated from those agreements.

Amendment No. 7 reset the WDA Contract Rate to $38 per ton and extended the term for five (5) years to June 30, 2026.

ANALYSIS
Amendment No. 8 will cap the WDA Contract Rate at 85 percent (85%) of the County’s public gate rate to maintain a 15 percent (15%) buffer between the WDA Contract Rate and the County’s gate rate. In exchange for the County capping the WDA Contract Rate, the Town agrees to commit to remaining in the WDA, with no provision to terminate without cause, for the remainder of the WDA Term, which is currently June 30, 2026. This Amendment shall be effective if and only when all fifteen cities/towns have each adopted and executed a counterpart of this Amendment No. 8 and such amendment has been adopted and executed by the County on or before June 30, 2022.

FISCAL IMPACT
Approval of Amendment No. 8 will increase the WDA rate to $40.75 per ton, payable by the Franchise Hauler.

ATTACHMENTS

1. Amendment No. 8 to the WDA - Redline

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AMENDMENT NO. 8 TO THE
WASTE DISPOSAL AGREEMENT NO. 98-48
On January 27, 1998, the Town of Apple Valley (“Town”) and the County of San Bernardino (“County”) entered into a Waste Disposal Agreement (“WDA”). The parties hereby amend the WDA, on the Effective Date as provided herein, by their respective execution of this agreement (hereinafter “Amendment’).

Recitals
A. The parties have previously entered into the following amendments to the WDA. Amendment No. 1 to the WDA was to implement the “Article 19 Solid Waste” component of the County’s waste management system and define the Town’s share of that revenue. Amendment No. 2 was to increase the annual maximum limits of “Article 19 Solid Waste” in the County landfill system. Amendment No. 3 allowed the County to charge the fee of $10.00 per ton (prorated) for identified controllable waste of the Town (e.g., roll off container trucks and other County/City/Town vehicles such as pickups and dump trucks) and have such waste subject to being processed in the recycling program. Amendment No. 4 allowed the County to calculate the annual cost of living adjustment earlier in the calendar year. Amendment No. 5 extended the end date of the WDA to June 30, 2016. Amendment No. 6 extended the term of the WDA to June 30, 2021, applied an annual fixed WDA renewal discount adjustment of $0.82 per ton for the term of the WDA, and allowed the County to enter into agreements to accept in-County waste from non-WDA users of the Disposal System at a rate lower than the WDA Contract Rate in exchange for sharing the net revenue generated from those agreements. Amendment No. 7 reset the WDA Contract Rate and extended the term for five (5) years to June 30, 2026.

B. In connection with the ongoing administration of the WDA, the parties have determined it is now in their best interests to cap the WDA Contract Rate in order to maintain a 15% buffer between the WDA Contract Rate and the County’s posted gate rate.

C. This change will assist both the Town and the County in planning for future fiscal years’ budgeting of solid waste disposal services and costs by putting a mechanism in place for the future to prevent compaction with the County’s posted gate rate.

NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the Parties agree as follows:

1. Amended Section 4.2 CONTRACT RATE. (A) Generally. This section is amended in its entirety to read:

SECTION 4.2. CONTRACT RATE. (A) Generally. Effective July 1, 2022, the Contract Rate payable by each Franchise Hauler shall be $40.75 per ton, subject to potential adjustment necessary to reflect the circumstances set forth below:
(i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, including Changes in Law; and
(ii) escalation during the Term of this Agreement calculated in accordance with Section

4.2(B). In no case will the calculation of escalation exceed 85% of the County approved general public gate rate (currently $59.94 minus the current CDSDP recycling fee of $12.00), as such fees may be amended.

Prior to adjusting the Contract Rate as a result of any of the circumstances described in Section

4.2(A)(i), the County shall utilize the following remedy: reduce the costs of operating the Disposal System to the extent practicable.

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Any adjustments to the Contract Rate permitted by Section 4.2(A)(i) shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized, and shall also reflect, where applicable, the then remaining capacity in the Disposal System. Such adjustment may not reflect circumstances other than the circumstances described in Section 4.2(A)(i).

2. Amended Section 4.2. CONTRACT RATE. (B) Calculation of Escalation. This section is amended in its entirety to read:

SECTION 4.2. CONTRACT RATE. (B) Calculation of Escalation. For purposes of Section 4.2(A)(ii), the Contract Rate shall be adjusted in accordance with the formula described in this Section each July 1 during the term hereof, commencing July 1, 2022. The adjustment shall be calculated in accordance with the following formula:

Contract Rate = Fixed Portion + [Escalating Portion x Index] Where,
Fixed Portion = $10.87
Escalating Portion = $27.1317.63
Index = Price Index, which shall be determined in accordance with the following formula:

I = .7[PPI1/PPI2] +.3[EI1/EI2]
PPI1 = The Producer Price Index, Industrial Commodities Commodity Data, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Series ID WPU03 thru 15 for the month of September in the year prior to the year for which the adjustment is being made (e.g., the adjustment effective July 1, 2011 will use the September 2010 value)
PPI2 = Producer Price Index, Industrial Commodities Commodity Data for the month of September, 1997
EI1 = Employment Cost Index, Total Compensation, Private Industry All Workers, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Series ID:

CIU2010000000000I for the last quarter of the year preceding the year for which the adjustment is being made (e.g., the adjustment effective July 1, 2011 will use the third quarter, 2010 value)
EI2 = Employment Cost Index, Compensation, Private Industry All Workers, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Table 3, established for the third quarter of 1997.

Effective July 1, 2022, and each July 1 thereafter during the term of the Agreement, the Contract Rate adjustment will be calculated as provided above, except that an annual fixed WDA renewal discount adjustment of $0.82 per ton will be applied after the annual Cost of Living Adjustment (COLA) adjustment.

In no case will the adjustment to the Contract Rate exceed 85% of the County’s approved general public gate rate (without the current CDSDP recycling fee of $12.00), as such fees may be amended. For example, the current County’s posted gate rate is $47.94 ($59.94 minus the $12 CDSDP fee). Therefore, the WDA Contract Rate cannot be more than 85% of that rate, which is $40.75. However, if the County adjusts its posted gate rate in any future year of the term of the WDA, the WDA Contract Rate will be adjusted according to the above calculation formula, including the renewal discount adjustment of $0.82 per ton, up to the maximum of 85% of the newly posted gate rate. If the calculated annual adjustment of any year would exceed the 85%, then the capped maximum amount of 85% will be used. If, however,

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the posted gate rate does not change, and the WDA Contract Rate is already at the capped 85% amount, the WDA Contract Rate will remain the same for the calculated fiscal year. Any decrease in the calculated adjustment to the Contract Rate, calculated according to the above formula, including the renewal discount adjustment, will be applied to the then WDA Contract Rate.

Please note that, due to timing, in future years where the gate rate is recommended to be increased, the WDA rate notification letter may be delayed until final approval of the gate rate by the Board of Supervisors.

If at any time either the Employment Cost Index or the Producer Price Index is no longer published, or are otherwise unavailable, then the COLA shall be determined by using standard official statistics measuring changes to, respectively, labor costs and cost of materials, as the parties shall mutually agree.

3. Amended Section 5.2 CITY CONVENIENCE TERMINATION. This section is amended in its entirety to read:

SECTION 5.2. CITY CONVENIENCE TERMINATION. In exchange for capping the WDA Contract Rate, the City agrees to commit to remaining a WDA City, with no provision to terminate without cause, for the remainder of the WDA Term.

4. Effective Date. This Amendment shall be effective if and only when all fifteen cities/towns listed on Exhibit A have each adopted and executed a counterpart of this Amendment No. 8 (the amendment number may differ for each city/town listed on Exhibit A) and such amendment has been adopted and executed by the County on or before June 30, 2022. In all events, the conditions in the forgoing sentence shall occur otherwise this Amendment No. 8 shall be null and void and without any effect whatsoever.

5. This Amendment may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Amendment.

The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Amendment upon request.

6. Except as modified in this Amendment (or in any prior Amendment(s)) all other terms and conditions of the WDA shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers or representatives as of the day and year first above written.

Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Jolena Grider, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Director Date Date Date

SAN BERNARDINO COUNTY
Town of Apple Valley
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 14955 Dale Evans Parkway
Apple Valley, CA 92307

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EXHIBIT A

CITIES/TOWNS WITH A WASTE DELIVERY AGREEMENT

WITH THE COUNTY OF SAN BERNARDINO
OFFERED THIS AMENDMENT JUNE 2022
FOR AN AGREEMENT END DATE OF JUNE 30, 2026

1. ADELANTO

2. APPLE VALLEY

3. BARSTOW

4. BIG BEAR LAKE

5. COLTON

6. FONTANA

7. GRAND TERRACE

8. HESPERIA

9. HIGHLAND

10. LOMA LINDA

11. RIALTO

12. TWENTYNINE PALMS

13. VICTORVILLE

14. YUCAIPA

15. YUCCA VALLEY

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Town Council Agenda Report
Date: June 14, 2022
To: Honorable Mayor and Town Council
Subject: BIENNIAL REVIEW OF THE TOWN OF APPLE VALLEY’S CONFLICT

OF INTEREST CODE TO COMPLY WITH THE POLITICAL REFORM
ACT

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

RECOMMENDED ACTION
Direct the Town Manager or designee to review its code and submit a notice to the Town Council by October 1, 2022, that either amendments are required or that no amendments are necessary.

BACKGROUND
The Political Reform Act requires that local government agencies “Code Reviewing Body”, i.e. the Town Council must, each even-numbered year, notify each Town agency to review its Conflict of Interest Code.

Many cities/towns govern several agencies such as city/town operated Fire and Police Departments, etc. However, the Town of Apple Valley governs exclusively the Town’s Conflict of Interest Code.

It would be appropriate at this time to direct the Town Manager to review its code and submit a notice to the Town Council by October 1, 2022 that either amendments are required or that no amendments are necessary. If amendments to the code are necessary, the notice must be forwarded to the Town Council for approval within 90 days of submission.

FISCAL IMPACT
None.

ATTACHMENTS
None.

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Town Council Agenda Report
Date: June 14, 2022
To: Honorable Mayor and Town Council
Subject: SECOND READING OF ORDINANCE NO. 555 AN ORDINANCE OF

THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY,
CALIFORNIA, AMENDING SECTION 3.08.050 OF CHAPTER 3.08 OF TITLE 3 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE

RELATING TO REPORTS

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

RECOMMENDED ACTION
Adopt Ordinance No. 555

SUMMARY
As its May 24, 2022 meeting, the Town Council reviewed and introduced Ordinance No. 555 that amends Section 3.08.050 of Chapter 3.08 of Title 3 of the Town of Apple Valley Municipal Code relating to reports. Ordinance No. 555 has been scheduled for adoption at the June 14, 2022 Town Council Meeting.

FISCAL IMPACT
None.

ATTACHMENTS
Ordinance No. 555

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ORDINANCE NO. 555

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN

OF APPLE VALLEY, CALIFORNIA, AMENDING SECTION

3.08.050 OF CHAPTER 3.08 OF TITLE 3 OF THE TOWN OF

APPLE VALLEY MUNICIPAL CODE RELATING TO

REPORTS
WHEREAS, the Town Treasurer currently administers the Towns’ investments at the direction of the Town Council and the Town Manager; and WHEREAS, section 53646 of the California Government Code authorizes the Town Council to determine whether it wishes to mandate the presentation of a report by the Town Treasurer and whether to require that report be presented on a monthly or quarterly basis; and
WHEREAS, the Town Council now wishes to allow the Town’s Treasurer’s report to be provided to Council on a quarterly basis.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEYDOES ORDAIN AS FOLLOWS:

Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.

Section 2. Amendment of Section 3.08.050. Section 3.08.050 of Chapter

3.08 of Title 3 of the Town of Apple Valley Municipal Code is hereby amended in its entirety to read as follows:

3.08.050 – Reports.

The Town Treasurer shall render a quarterly report to the Town Council. The quarterly report shall be consistent with state law and shall be submitted within 30 days following the end of the quarter covered by the report.”
Section 3. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Town Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 4. Effective Date. This Ordinance shall become effective thirty days from and after its adoption.

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Section 5. 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.

PASSED, APPROVED, and ADOPTED by the Town Council of the Town of Apple Valley, California, at a regular meeting held on the 14th day of June 2022.

Kari Leon, Mayor
ATTEST:

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

Thomas Rice Douglas B. Robertson
Town Attorney Town Manager

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Town Council Agenda Report
Date: June 14, 2022
To: Honorable Mayor and Town Council
Subject: LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT #1 – ENGINEER’S ANNUAL REPORT AND LEVY OF ASSESSMENT FOR
FY 2022-2023

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

RECOMMENDED ACTION
A. Adopt Resolution No. 2022-20, a Resolution of the Town Council of the Town of Apple Valley Directing the Filing of the Annual Report for the Town of Apple Valley Landscaping and Lighting Assessment District.

B. Receive and approve the engineer's report as filed, or as amended.

C. Adopt Resolution No. 2022-21, a Resolution of the Town Council of the Town of Apple Valley Declaring its Intention to Order Improvements and to Levy and Collect Assessments for Fiscal Year 2022-2023.

D. Direct the Town Clerk to publish the Resolution of Intention at least 10 days prior to the date of the public hearing.

ANALYSIS
The Landscaping and Lighting Act of 1972 permits the installation, maintenance and servicing of landscaping and lighting through annual special assessments on real property benefiting from the improvement. Currently, the Apple Valley Lighting and Landscaping District includes 19 locations.

For levying annual assessments, it is necessary that the Town Council adopt the initial resolution describing improvements and ordering the engineer to file a report. (Note:

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The Engineer’s Report has already been filed and is made a part of this agenda item for the Council’s review and approval). Second, the Town Council should approve the report as filed, or the Council may modify and then approve the report, and; third, adopt a resolution of intention to levy assessments and set a date for a public hearing.

The resolution of intention declares to the affected property owners that the Town intends to levy and collect assessments within the district for next fiscal year. The resolution also gives notice of the time and place for the public hearing of the proposed assessment.

The annual assessments for each annexed territory of the Assessment District are indicated in Part B of the Engineer’s Report. Though there is no increase in the established maximum assessments for this fiscal year for all locations, the levy for L-10, which was $196 per lot last year, is proposed to increase to $309.00 per lot per year.

The Public Works Department recently put the Landscape Maintenance contract out to bid last year and the new contractor’s cost for L-10 increased from the previous contract amount. Because the proposed levy for L-10 is under the maximum established assessment for L-10, $325.50 per lot, per year, the recommended procedures comply with all requirements of Proposition 218.

FISCAL IMPACT
The attached report summarizes the revenues and expenditures of the Assessment District, the estimate of cost and the proposed cost per lot per tract. The costs are borne by the property owners within each identified tract. There is no direct budgetary impact to the Town.

ATTACHMENTS
A. Resolution Filing the Annual Engineer’s Report
B. Engineer’s Report
C. Resolution of Intention

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RESOLUTION NO. 2022-20

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

APPLE VALLEY DIRECTING THE FILING OF THE ANNUAL

REPORT FOR THE TOWN OF APPLE VALLEY

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
The Town Council of the Town of Apple Valley hereby resolves as follows:

Section 1: The Town Engineer, the person designated by this Council as the Engineer of Work for Assessment District No. 1, is hereby directed to file an annual report in accordance with provisions of the Landscaping and Lighting Act of 1972.

Section 2: This resolution is adopted pursuant to Section 22622 of the Streets and Highway Code.

APPROVED and ADOPTED this 14th day of June 2022.
_______________________
Kari Leon, Mayor
ATTEST:
__________________________
La Vonda M-Pearson, Town Clerk

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ENGINEER'S REPORT

TOWN OF APPLE VALLEY
ASSESSMENT DISTRICT NO. 1
The undersigned respectfully submits the enclosed report as directed by Town Council.

Brad Miller, P.E.

Engineer of Work
By____________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the 14th day of June 2022.

LaVonda Pearson,
Town Clerk, Town of Apple Valley,
San Bernardino County,
State of California
By____________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the Town Council of the Town of Apple Valley, California, on the _____ day of __________________, 2022.

LaVonda Pearson,
Town Clerk, Town of Apple Valley,
San Bernardino County,
State of California
By____________________________
PART A

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PLANS AND SPECIFICATIONS
L-1
TRACT NUMBER: 13618
LOCATION: East side Central Road at Cuyama Road
DESCRIPTION: Plans and specifications for the improvements are those prepared by EDAW Inc., Landscape Architects, by William Schultz, dated July 2, 1991. These plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated in this report by reference. In summary, the improvements consist of landscaping generally of pine trees, small junipers, other decorative bushes, decorative rock, and a perimeter wall.

Perimeter parkway landscaping is bounded by the face of curb and the face of the perimeter wall (20.00) Feet along the along the easterly side of Central Road in Tract 13618. In addition, a small portion (12.00) paralleling Cuyama Road at the intersection of Central Road. The area is basically within the parkway area along Central Road 20’ in width and along a small portion of Cuyama Road 12’ in width.

L-2
TRACT NUMBER: 13426
LOCATION: West side Central Road
DESCRIPTION: Perimeter parkway landscaping bounded by the face of curb and the face of the perimeter wall (11.00) Feet along the along the westerly side of Central Road in Tract 13426 from Cholena Road to Thunderbird Road.

Area of improved landscaping consists of small trees planted at 40- feet on center with some small decorative bushes intermittency planted between the trees. The planted area is covered with 3-inches in depth with 3/4- inch granite gravel over an area of approximately

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11-feet in width and 1,208 feet in length for an area coverage of 13,290 square feet.

L-3
TRACT NUMBER: 14090
LOCATION: North side of Sitting Bull Road from west of Lompoc Road to east of Tawya Road; Ottawa Road from west of Paraiso Road to west of Choco Road.

DESCRIPTION: General Plans and specifications for the improvements are those prepared by NDNA-Don Napolitano and Associates-Landscape Architects, dated September 11, 1991. Specific Plans and specifications for the proposed phasing of improvements are those prepared by Burch Meress Associates, dated September 20, 1993.

Both plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated by reference.

In summary, the improvements consist of approximately 40 acres of open space landscaping. The open space landscaping is to be maintained on an as needed basis under “extra work”.

A concrete V-channel connecting Paraiso Road to the drainage channel,
An equestrian trail located on the east side of the drainage channel from Ottawa Road south to the end of Mugu Ct,
Parkway landscaping bounded by the face of curb and the face of the perimeter wall along the along the northerly side of Sitting Bull Road within the tract boundaries from 200’ east of Lompoc Road to 200’ west of Choco Road, parkway landscaping along the south side and the north side of Ottawa Road from 200’ feet west of Paraiso Road to 200’ east of Choco Road, parkway landscaping is also located along the south side and the north side of Paraiso Road west of Capella Road adjacent to the drainage channel within the tract boundaries.

L-4
TRACT NUMBER: 13709

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LOCATION: Along the north side of Geronimo Road at Bannock Ct. and Sarsi Ct. within the tract boundaries
DESCRIPTION: Plans and specifications for the improvements are those prepared by Shelly Harper, dated October 5, 1993. The landscaping consists generally of pine trees, small junipers and other decorative bushes.

The area is basically left earthen for drainage retention and percolation over three areas totaling 30’ in width by approximately 602’ in length for an area of 16,020 square feet along the north frontage of Geronimo Road.

L-5
TRACT NUMBER: 15288
LOCATION: South side of Sitting Bull Road east of Rincon Road within the tract called Quail Run Estates.

DESCRIPTION: Plans and specifications for the improvements are those prepared by Jennings Landscaping. The parkway landscaping consists generally of pine trees, small junipers and other decorative bushes. The area is covered in cobble stone and brown decorative rock over three areas varying in width by approximately 1000’ in length for an aerial coverage of 15,300 square feet along the south frontage of Sitting Bull Road. In addition to the parkway landscaping along Sitting Bull Road, a small median is located at the entrance to the tract at Quail Summit Road and a long retention basin on the westerly boundary of the tract are also included in the maintenance program.

L-7
TRACT NUMBER: 8476
LOCATION: South of Yucca Loma Road and east of Cochise Road DESCRIPTION: Improvements consist of maintaining 43 existing streetlights located with a portion of Tract 8476, generally located south of Yucca Loma Road and east of Cochise Road.

L-8
TRACT NUMBER: 14846

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LOCATION: South side Sitting Bull Road at Skyline Ranch Drive DESCRIPTION: In summary, the district consists of maintaining perimeter landscaping and wall within the parkway along Sitting Bull Road, Deep Creek Road, Geronimo Road and 1.7 acres of open space landscaping and fencing within Lot A. General Plans and specifications for the proposed improvements are those by Fennel Associates, dated July 14, 2000. Both plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated by reference.

L-9
TRACT NUMBER: 9096-1
LOCATION: South side Yucca Loma Road at Delaware Road
DESCRIPTION: In summary, the district consists of maintaining an existing landscaped area basically within the parkway along Yucca Loma Road. The parkway is approximately 30’ in width from the street curb to the perimeter wall adjacent to Tract 9096-1, from approximately 400’ west of Delaware Road to 700’ east of Delaware Road.

The area is basically left earthen but includes landscaping, generally of evergreen trees and juniper bushes on Yucca Loma at the entrance of the neighborhood at Delaware Road, and trees planted at 50-feet on center along Yucca Loma Road. The landscaped area currently has a drip irrigation system installed.

L-10
TRACT NUMBER: 16492
LOCATION: South side Yucca Loma Road at Tamani Road
DESCRIPTION: The landscaped area to be maintained by the District is the landscaped parkway on the south side of, and adjacent to, Yucca Loma Road, being also the rear yards of Tract No. 16492-1 and 2 lots 2-12, Lot A, the 60’ drainage easement, the landscape strip along Tamiani Road, the landscaped parkway along Ottawa Rd. and adjacent to Ottawa Rd., being also the rear yards of lots 65-74.

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With the construction of Tract No. 16492-1 and 2, the parkway 60’ drainage easement and Lot A is hydro seeded with a desert wildflower mix and maintained twice a year to control overgrowth.

The landscape strip along Tamiani Road includes a strip with gravel mulch and no other planting, and between the sidewalk and rail fence is planted with Plane trees and Desert Willows alternating in groups with shrubs in between and gravel mulch throughout. The planters along Ottawa Rd. has gravel mulch with Chitalpa trees at 40 feet on center and shrubs on bubblers in between. There is dense planting at the main entry and at Yucca Loma Road. The landscape strip along Yucca Loma Road between the bike path and parkway includes Pine Trees and Desert Willows alternating in groups spaced at 10 feet to 30 feet with shrubs in between. The Parkway is landscaped with low growing shrubs. All planters is covered with ¼” gravel.

L-11
TRACT NUMBER: 16395-1, 2
LOCATION: South side Catalina Road, west of Apple Valley Road The landscaped areas to be maintained, in summary, is the landscaped parkway and adjacent to, Apple Valley Road, south of Catalina Road to the southern boundary of the tract; and the storm water detention basin, lot A. Maintained areas also include the slopes adjacent to lots 33 though 37 and lots 40 and 41 within said tract.

L-12
TRACT NUMBER: 16059
LOCATION: North of Sitting Bull Road, east of Apple Valley Road The landscaped area to be maintained by the District is the landscaped parkway and slope area on the north side of, and adjacent to, Sitting Bull Road; and on the east side, and adjacent to, Apple Valley Road. The parkway and slope area adjacent to Sitting Bull Road and Apple Valley Road and includes the maintenance of an irrigation systems installed as shown on the approved landscape plans.

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L-13
TRACT NUMBER: 14994
LOCATION: South of Geronimo Road, at Bannock Road
The landscaped area to be maintained by the District is the landscaped parkway and slope area on the south side of, and adjacent to, Geronimo Road; in Tract 14994 as shown on the approved landscape plans. The total landscaped area to be maintained on the south side of Geronimo Road is approximately 516 linear feet in length by an average width of 33 feet for a total of about 17,128 square feet of landscaping.

L-15
TRACT NUMBER: 18343
LOCATION: North of Esaws Road, west of Central Road
The landscaped area to be maintained by the District is the landscaped parkway and slope area on the west side of, and adjacent to, Central Road (25,200 sq.ft.); the Lot “A”, the detention basin (90,000 sq.ft.), storm drain system and landscaping along the side yards of Holsteiner Lane (13,700 sq.ft.) in Tract 18343 and as shown on the approved landscape plans.

L-17
TRACT NUMBER: 15286
LOCATION: North of Wintun Road, west of Chippewa Road
The landscaped area to be maintained by the district is the detention basin located in Tract No. 15286 as shown on the assessment diagram. With the construction of Tract No.15286 the Detention Basin will be landscaped and have irrigation systems installed as shown on the landscape plans (Exhibit A). After the acceptance of the landscaped area by the Town of Apple Valley, the funds generated by this annexation will allow the District to provide for the maintenance of the landscaped area.

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L-19
TRACT NUMBER: 16134
LOCATION: North of Mana Road, west of Awia Road
The maintenance areas include a sixty (60) foot wide drainage easement to the Town of Apple Valley that is 1,760 lineal feet along the north boundary line of Tract 16134. The south twenty (20) feet contains a graded access road and just north is an eighteen (18) foot 3:1 slope containing 100-pound rip-rap protection. The remainder of the channel is an earthen bottom flowline. Behind the access road is a private six (6) foot backyard masonry wall that runs along lots 26, 27, and 29-35 of this tract. At the easterly end of the channel a 72’ reinforced concrete drainpipe has been installed under Mana Road and a driveway access to the channel access road has been installed on lot 35.

L-20
TRACT NUMBER: 17093
LOCATION: South of Bear Valley Road, east of Itoya Vista Road The maintenance areas include:

1. Landscaped slope of a variable width strip along and adjacent to the southerly right of way of Bear Valley Road between Itoya Vista Street and the easterly tract boundary of Tract 17093 with approximately 12,488 square feet. Approximately 1,270 lineal feet of eight foot (8) wide parkway bicycle trail. Two (2) foot and Six (6) foot wide strips of landscaped parkway areas both approximately 1,270 lineal feet long.

2. Landscaped slope of a variable width strip along and adjacent to the northerly right of way of Sandia Road between Itoya Vista Street and the easterly tract (Merino Avenue) with approximately 16,086 square feet. Approximately 1,170 lineal feet of nine foot (9) wide decomposed granite parkway equestrian trail. A three (3) foot wide strip of landscaped parkway area approximately 1,170 lineal feet long.

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3. Landscaped slope of a variable width strip along and adjacent to the easterly right of way of Itoya Vista Street between Bear Valley Road and Sandia Road with approximately 20,975 square feet.

Approximately 2,277 lineal feet of nine foot (9) wide decomposed granite parkway equestrian trail. A three (3) foot wide strip of landscaped parkway area approximately 2,277 lineal feet long.

L-23
PARCEL NUMBER: PM 17684
LOCATION: North SR 18, west of Dale Evans Parkway
Assessment District L-23 is established to provide landscaping and landscape maintenance within parkways and medians which primarily provide specific aesthetic benefit to the retail shopping centers that are generally located north of Highway 18, south of Thunderbird Road which front Highway 18, Dale Evans Parkway and Bass Hill Road.

L-26
TRACT NUMBER: TR 17278
LOCATION: West of Wabisi Road, South of Mana Road
Assessment District L-26 is established to provide landscaping and landscape maintenance adjacent to Tract 17278, which consists of 15, 1/2 acre lots located on the southwest corner of Mana Road and Wabisi Road. A six-foot masonry wall has been constructed on the property line of the perimeter roads and there is a 12-foot parkway with a four-foot sidewalk. Mana Road landscape surface is 410 lf x

7.5 feet and Wabisi Road is 942 lf x 8 feet for a total landscape surface of approximately 10,611 square feet.

L-28
PARCEL NUMBER: PM 15151, Parcel 3
LOCATION: North SR 18, west of Dale Evans Parkway

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Assessment District L-28 is established to provide maintenance to a drywell installed in a retention basin on Assessor Parcel Number 3112-251-56, owned by Apple Valley Commons I, LLC. Drainage easements in favor of the Town of Apple Valley will allow the runoff from the America’s Tire Parcel to drain into the existing retention basin. The retention basin and the corresponding drainage easements are described in parcel map 16984 on record in the County of San Bernardino.

The drywell and existing retention basin provide offsite drainage benefits for the development of the America’s Tire on the southwest corner of Thunderbird Road and Outer Highway 18 North, Parcel 3 of Parcel Map No. 15151.

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PART B
ESTIMATE OF COST FY 2021-2022
• L-1 • L-2 • L-3 • L-4 • L-5 • L-7
ITEM DESCRIPTION Tract 13618 Tract 13426 Tract 14090 Tract 13709 Tract 15288 Tract 8476

1. Maintenance $9,659 $2,230 $16,704 $2,598 $2,059 $0

2. Water consumption $2,173 $625 $6,973 $2,795 $1,077 $0

3. Electrical Service $183 $0 $581 $0 $1,032 $8,570
Total cost for FY 2020/2021 $12,016 $2,855 $24,258 $5,393 $4,169 $8,570 Assessed budget of FY2020/2021 $5,600 $2,463 $25,477 $2,502 $5,800 $4,760 Surplus or Deficit ($6,416) ($391) $1,219 ($2,891) $1,631 ($3,810) Last Year's Reserve Fund ($21,185) ($1,762) $136,246 ($3,925) $2,912 ($15,728) Current Reserve Fund ($27,601) ($2,153) $137,465 ($6,816) $4,543 ($19,538) Estimate for FY 2021-2022 $5,600 $2,463 $25,760 $2,502 $5,800 $4,760 Number of lots: 137 26 182 18 65 238
Proposed Cost per lot per year
(FY2021/2022) $41 $95 $142 $139 $89 $20
Last year's assessment /lot /year $41 $95 $142 $139 $89 $20 • L-8 • L-9 • L-10 • L-11 • L-12 • L-13
ITEM DESCRIPTION Tract 14846 Tract 9696 Tract 16492 Tract 16395 Tract 16059 Tract 14994

1. Maintenance $9,306 $4,425 $78,613 $18,569 $6,494 $2,448

2. Water consumption $11,710 $1,362 $621 $760 $5,938 $635

3. Electrical Service $528 $0 $534 $195 $43 $0
Total cost for FY 2020/2021 $21,544 $5,787 $79,768 $19,523 $12,476 $3,083 Assessed budget of FY2020/2021 $28,323 $4,524 $50,568 $16,939 $7,335 $4,035 Surplus or Deficit $6,779 ($1,263) ($29,200) ($2,585) ($5,140) $952 Last Year's Reserve Fund $112,951 $1,742 $7,310 $71,098 $108,187 $4,578 Current Reserve Fund $119,730 $479 ($21,890) $68,513 $103,047 $5,530 Estimate for FY 2021-2022 $28,323 $4,524 $79,768 $16,939 $7,335 $4,035 Number of lots: 143 58 258 58 46 18
Proposed Cost per lot per year
(FY2021/2022) $198 $78 $309 $292 $159 $224
Last year's assessment /lot /year $198 $78 $196 $292 $159 $224

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PART B (Continued)
ESTIMATE OF COST FY 2020-2021
• L-15 • L-17 • L-19 • L-20 • L-23 • L-26
ITEM DESCRIPTION Tract 18343 Tract 15286 Tract 16134 Tract 17093 PM 17684 TM 17278

1. Maintenance $5,952 $0 $0 $3,806 $23,878 $326

2. Water consumption $3,154 $0 $0 $0 $20,361 $0

3. Electrical Service $192 $0 $0 $0 $180 $0
Total cost for FY 2020/2021 $9,298 $0 $0 $3,806 $44,420 $326 Assessed budget of FY2020/2021 $10,416 $10,221 $6,699 $11,000 $30,124 $5,544 Surplus or Deficit $1,118 $10,221 $6,699 $7,194 ($14,296) $5,218 Last Year's Reserve Fund $91,936 $121,755 $86,482 $153,085 $451,683 $16,232 Current Reserve Fund $93,054 $131,976 $93,181 $160,279 $437,387 $21,450 Estimate for FY 2021-2022 $10,416 $10,221 $6,699 $11,000 $30,124 $5,544 Number of lots: 84 61 35 55 30 15
Proposed Cost per lot per year
(FY2021/2022) $124 $168 $191 $200 varies $370
Last year's assessment /lot /year $124 $168 $191 $200 varies $370 • L-28
ITEM DESCRIPTION PM 15151

1. Maintenance $0

2. Water consumption $0

3. Electrical Service $0
Total cost for FY 2020/2021 $0
Assessed budget of FY2020/2021 $747
Surplus or Deficit $747
Last Year's Reserve Fund $1,110
Current Reserve Fund $1,857
Estimate for FY 2022-2023 $747
Number of lots: 1
Proposed Cost per lot per year
(FY2022/2023) $747
Last year's assessment /lot/ year $747

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PART C

ASSESSMENT DIAGRAM
See Attachments Entitled Assessment Diagrams For:

Annexation No. Tract No.

L-1 Tract 13618
L-2 Tract 13426
L-3 Tract 14090
L-4 Tract 13709
L-5 Tract 15288
L-7 Tract 8476
L-8 Tract 14846
L-9 Tract 9696
L-10 Tract 16492
L-11 Tract 16395
L-12 Tract 16059
L-13 Tract 14994
L-15 Tract 18343
L-17 Tract 15286
L-19 Tract 16134
L-20 Tract 17093
L-22 Tract 17453
L-23 PM 17684, L.L.A. 2007-002
L-26 Tract 17278
L-28 PM 15151, Parcel 3

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PART D

ASSESSMENT ROLL
Reference
Number Tract No. Assessor’s Parcel Numbers Assessment per lot per year L-1 Tract 13618 437-471-(parcels 6-51) $40.88
437-471-(parcels 11-46) $40.88
437-651-(parcels 1-55) $40.88
L-2 Tract 13426 426-661-(parcels 7-32) $94.75
L-3 Tract 14090 3087-031-(parcels 1-77) $141.54
3087-071-(parcels 1-18) $141.54
3087-072-(parcels 1-6,9-12,14-20) $141.54
3087-771-(parcels 1-23) $141.54
3087-701-(parcels 1-20) $141.54
3087-721-(parcels 1-27) $141.54
L-4 Tract 13709 444-821-(parcels 1-18) $139.00
L-5 Tract 15288 3087-181-(parcels 5-69) $89.23
L-7 Tract 8476 3088-421-(parcels 1-34) $20.00
3088-431-(parcels 7-28) $20.00
3088-441-(parcels1-36) $20.00
3088-451-(parcels 4-27) $20.00
3088-461-(parcels 1-40) $20.00
3088-471-(parcels 4-26) $20.00
3088-481-(parcels 1-26,28-34) $20.00
3088-491-(parcels 7-13) $20.00
3088-501-(parcels 1-23) $20.00
L-8 14846 3807-181- (Parcels 2-34) $198.06
3807-191- (Parcels 8-48, 50-59) $198.06
3807-192- (Parcels 1-40) $198.06
3807-193- (Parcels 1-19) $198.06
L-9 9696 444-681-(Parcels 3-15) $78.00
444-691-(Parcels 1-13) $78.00
444-701-(Parcels 1-31) $78.00
L-10 16492 3087-271-(Parcels 5-73) $309.00
3087-272-(Parcels 1-60) $309.00
3087-292-(Parcels 1-63) $309.00
3087-771-(Parcels 1-34) $309.00
3087-781-(Parcels 1-32) $309.00
Reference
Number Tract No. Assessor’s Parcel Numbers Assessment per lot per year

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L-11 16395 3087-731-(Parcels 1-14) $292.04
3087-741-(Parcels 1-9, 11-32, 34) $292.04
3087-021-(Parcels 9) $292.04
L-12 16059 444-782-(Parcels 1-34) $159.46
444-931-(Parcels 1-24) $159.46
L-13 14994 3087-761-(Parcels 1-18) $224.18
L-15 18343 3112-706-(Parcels 15-26)
3112-702-(Parcels 2-73) $124.00
L-17 15286 473-641-(Parcels 2-20) $84.00
473-651-(Parcels 1-42) $84.00
L-19 16134 433-661-(Parcels 1-35) $96.00
L-20 17093 434-051-90,91 $200.00
434-941-(Parcels 1-30) $200.00
434-951-(Parcels 1-23) $200.00
L-23 PM 17684,
LLA07-02 31 Assessor Numbers (see Exhibit “D”) Per Exhibit “D” L-26 17278 473-661-(Parcels 1-15) $369.62
L-28 PM 15151 441-301-03 $746.67

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Exhibit D
Assessment Roll
Annexation L-23 to L.M.D. No. 1
Town of Apple Valley Parcel Map 17684, and L.L.A. 2007-002 Assessment Roll
Area In Maximum Annual
Square Assessment Levy
Parcel A.P.N. Site Address Property Owner Feet Amount Amount L.L.A. 2007-
002
Parcel "A" of
L.L.A.

APPLE VALLEY
2007-002 3112-251-60 Vacant Land COMMONS I LLC 219,143 $6,375.52 $1,751.42 Parcel "B" of
L.L.A.

APPLE VALLEY
2007-002 3112-251-61 Vacant Land COMMONS II LLC 306,647 $8,921.27 $2,450.76 Parcel "C" of
L.L.A.
2007-002 3112-251-62 15000 Dale Evans
Pkwy LOWES HIW INC 546,570 $15,901.35 $4,368.25
Parcel "D" of
L.L.A. 2007-
002 3112-251-63 Vacant Land

APPLE VALLEY

COMMONS II LLC
690,358 $20,084.57 $5,517.42
Parcel Map 17684,
P.M.B. 216/33-43

APPLE VALLEY
Parcel 1 3112-251-28 14900 Bass Hill Rd. COMMONS I LLC 68,221 $1,978.41 $540.31

APPLE VALLEY
Parcel 5 3112-251-32 20254 Highway 18 COMMONS I LLC 35,229 $1,021.64 $279.01

APPLE VALLEY
Parcel 6 3112-251-33 20280 Highway 18 COMMONS I LLC 52,115 $1,511.34 $412.75

APPLE VALLEY
Parcel 7 3112-251-34 20290 Highway 18 COMMONS I LLC 28,629 $830.24 $226.74

APPLE VALLEY
Parcel 8 3112-251-35 20302 Highway 18 COMMONS I LLC 29,706 $861.47 $235.27

APPLE VALLEY
Parcel 9 3112-251-36 20306 Highway 18 COMMONS I LLC 27,670 $802.43 $219.15

APPLE VALLEY
Parcel 10 3112-251-37 20296 Highway 18 COMMONS I LLC 50,745 $1,471.61 $401.90

APPLE VALLEY
Parcel 11 3112-251-38 20284 Highway 18 COMMONS I LLC 31,889 $924.78 $252.56

APPLE VALLEY
Parcel 12 3112-251-39 20258 Highway 18 COMMONS I LLC 50,042 $1,451.22 $396.33

APPLE VALLEY
Parcel 13 3112-251-40 20262 Highway 18 COMMONS I LLC 35,902 $1,041.16 $284.34

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APPLE VALLEY
Parcel 14 3112-251-41 20266 Highway 18 COMMONS I LLC 25,232 $731.73 $199.84

APPLE VALLEY
Parcel 15 3112-251-42 20310 Highway 18 COMMONS I LLC 50,610 $1,467.69 $400.83

APPLE VALLEY
Parcel 16 3112-251-43 20418 Highway 18 COMMONS I LLC 34,511 $1,000.82 $273.33

APPLE VALLEY
Parcel 17 3112-251-44 20432 Highway 18 COMMONS I LLC 25,392 $736.37 $201.10

APPLE VALLEY
Parcel 18 3112-251-45 20442 Highway 18 COMMONS I LLC 61,748 $1,790.69 $489.04 Parcel 19
3112-251-46 14898 Dale Evans
Pkwy

APPLE VALLEY
COMMONS I LLC 77,130 $2,236.77 $610.87
Parcel 20 3112-251-47
14940 Dale Evans
Pkwy

APPLE VALLEY
COMMONS I LLC 50,423 $1,462.27 $399.35
Parcel 21 3112-251-48
14992 Dale Evans
Pkwy

APPLE VALLEY
COMMONS I LLC 49,105 $1,424.05 $388.91
Parcel 22 3112-251-49 20450 Highway 18

APPLE VALLEY
COMMONS I LLC 105,627 $3,063.18 $836.57
Parcel 23 3112-251-50 20426 Highway 18

APPLE VALLEY
COMMONS I LLC 79,493 $2,305.30 $629.58
Parcel 24 3112-251-51 20352 Highway 18

APPLE VALLEY
COMMONS I LLC 102,873 $2,983.32 $814.75
Parcel 25 3112-251-52 20346 Highway 18

APPLE VALLEY
COMMONS I LLC 114,218 $3,312.32 $904.61
Parcel 26 3112-251-53 20288 Highway 18 TARGET CORP 572,122 $16,591.54 $4,531.21 Parcel 27 3112-251-54 20276 Highway 18

APPLE VALLEY
COMMONS I LLC 57,046 $1,654.33 $451.80
Parcel 28 3112-251-55 20270 Highway 18

APPLE VALLEY
COMMONS I LLC 26,942 $781.32 $213.38
Misc. Parcels along Highway 18
Walgreens -
Parcel 1 of
P.M. 16195,
P.M.B. 200/21-
22 3112-171-20 20250 Highway 18

KETCHUM APPLE
VALLEY LLC 61,724 $1,795.73 $493.31
Starbucks 3112-251-05 14880 Dale Evans
Parkway
Starbucks 48,892 $1,422.41 $390.75
TOTAL ASSESSMENT $107,936.83 $29,565.45

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L-1, Tract 13618

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L-2, Tract 13426

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L-3, Tract 14090

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L-4, Tract 13709

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L-5, Tract 15288

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L-7, Tract 8476

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L-8, Tract 14846

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L-9, Tract 9696

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L-10, Tract 16492-1,2

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L-10, Tract 16492-3,4

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L-11, Tract 16395

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L-12, Tract 16059

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L-13, Tract 14994

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L-15, Tract 18343

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L-17, Tract 15286

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L-19, Tract 16134

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L-20, Tract 17093

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L-23, PM 17684 and L.L.A. 2007-002

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L-26, TM 17278

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L-28, PM 15151, Parcel 3

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RESOLUTION NO. 2022-21

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN

OF APPLE VALLEY DECLARING ITS INTENTION TO

ORDER IMPROVEMENTS AND TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2022-2023
ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
The Town Council of the Town of Apple Valley hereby resolves as follows:

Section 1: The Town Council intends to levy and collect assessments within Assessment District No. 1 during fiscal 2022-2023. The area of land to be assessed is located in the Town of Apple Valley, San Bernardino County.

Section 2: The improvements to be made in this assessment district are generally described as follows:

Improvements may include but not be limited to, ground cover, shrubbery, trees and other landscaping, irrigation equipment, separate water meters, street lights, drainage structures and the continued maintenance, operation and servicing of those improvements as deemed necessary.

Section 3: In accordance with this Council’s resolution directing the filing of an annual report, the Town Engineer, Engineer of Work, has filed with the Town Clerk the report required by the Landscaping and Lighting Act of 1972. The Town Council has received and reviewed the written report from the Assessment Engineer regarding the proposed levy and assessment for fiscal year 2022-2023. All interested persons are referred to that report for a full and detailed description of the improvement, the boundaries of the assessment district and the proposed assessment upon assessable lots and parcels of land within the assessment district.

Section 4: On Tuesday, the 26th day of July 2022, at the hour of 6:30 pm, the Town Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held at the Council Chamber of the Town Council located at 14955 Dale Evans Parkway, Town of Apple Valley, California.

Section 5: The established maximum assessment for all Locations is not proposed to increase from any previous year.

Page 115 of 117 ends

APPROVED and ADOPTED this 14th day of June, 2022.

________________________________
Kari Leon, Mayor
ATTEST:
____________________________
La Vonda M-Pearson, Town Clerk

Page 116 of 117 ends

Town Council Agenda Report
Date: June 14, 2022
To: Honorable Mayor and Town Council
Subject: BUDGET WORKSHOP 2022/2023

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

RECOMMENDED ACTION
Receive and provide direction to staff.

This is a presentation only. No additional documentation provided.

Page 117 of 117 ends

Apple Valley City CouncilJune 14, 2022

Apple Valley City Council
June 14, 2022