APPLE VALLEY TOWN COUNCIL
AGENDA
Tuesday, July 26, 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 Lewis - Grace Christian Community Church
2.2. Pledge of Allegiance
2.3. Presentations
2.3.1. High Desert Chamber of Commerce - Mr. Mark Creffield, President/CEO
2.3.2. CDBG recipient recognition - Silvia Caraballo-Urenda, Housing and Community Development Specialist II
3. Public Comments
4. Councilmember Committee/Commission/Community Participation 5 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.
Councilmembers may also make brief reports on their community participation.
No formal action will be taken.
5. Town Council Announcements
5.1. Suggested items for next Agenda
5.2. Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - August 9, 2022 - Council Chambers Regular Session at 6:30 p.m.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1-6.4 as recommended.
6.1. APPROVAL OF MINUTES 7
That the Town Council approve the subject minutes as part of the consent agenda.
6.2. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN FOR
THE TOWN OF APPLE VALLEY
15 Approve Resolution No. 2022-30, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan.
6.3. FY 2022-23 STATE ADVOCACY SERVICES 30
That the Town Council approve a one-year extension to the Professional Services Agreement with Niemela Pappas & Associates for State Legislative Advocacy Services for Fiscal Year 2022-23.
6.4. PROPOSED PUBLIC ALLEY NORTH OF HIGHWAY 18 NORTH
BETWEEN DALE EVANS AND WAKITA ROAD
33 That the Town Council approve a new access alley between Dale Evans Road and Wakita Blvd. across the Town’s Parcel APN 3122-251-13.
7. Public Hearings
7.1. LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT #1- PUBLIC
HEARING, CONFIRMING ASSESSMENT AND LEVYING
ASSESSMENT FOR FY 2022-2023
37 A. Conduct the public hearing
B. Adopt Resolution No. 2022-31, A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2022-2023
7.2. RESOLUTION TO RENEW AND MODIFY BOUNDARY OF THE APPLE
VALLEY VILLAGE PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT (PBID)
77 A: Open public hearing
B: Receive Public Comment
C: Continue public hearing to August 9, 2022 meeting.
8. Business of the Council
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
11. Closed Session
Recommended Motion:
To Adjourn the regular meeting to move into Closed Session at TIME to discuss the following:
11.1. Closed Session 84
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title:
Town Manager
B. CONFERENCE WITH LABOR NEGOTIATORS Agency
designated representatives: Mayor or designee; Unrepresented employee: Town Manager
12. Adjournment
Recommended Motion:
To adjourn the meeting of the Apple Valley Town Council at TIME.
TOWN OF APPLE VALLEY
TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS
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
VICTOR VALLEY WASTE WATER RECLAMATION
AUTHORITY (VVWRA)
Council Member Nassif – Commissioner
Mayor Pro Tem Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.
VVWRA Offices
APPLE VALLEY CHAMBER OF
COMMERCE
GOVERNMENTAL RELATIONS COMMITTEE
Mayor Pro Tem Bishop – Representative
Council Member Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.
Town Council Agenda Report
Date: July 26, 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 July 12, 2022
1 Apple Valley Town Council
MINUTES
July 12, 2022, 6:30 p.m.
Council Chamber
Members Present: Council Member Larry Cusack
Council Member Curt Emick
Council Member Scott Nassif
Mayor Kari Leon
Members Absent: Mayor Pro Tem Bishop
_____________________________________________________________________
1. Call to Order
Mayor Leon called to order the regular session of the Apple Valley Town Council at 6:30 p.m.
2. Opening Ceremonies
2.1 Invocation
Pastor Whitney - Apple Valley Church of the Nazarene
2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Emick.
2.3 Presentations
3. Public Comments
None.
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.
2 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 Leon commented on committee meetings and events that she attended.
5. Town Council Announcements
5.1 Suggested items for next Agenda
Council Member Nassif commented on short term rentals and the impact to the community when the tenants engage in loud and disturbing activities. He recommended a report be provided to Council on how short term rentals are regulated in the Town of Apple Valley.
Doug Robertson, Town Manager, stated that staff is working on this issue at this time as recent complaints have been made. He stated that the issues are being handled by our Code Enforcement Department.
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - July 26, 2022 - Council Chambers Regular Session at 6:30 p.m.
6. Town Council Consent Agenda
Council Member Cusack has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Apple Valley Communications, AV Tech Services or AVCOM Services for the Town of Apple Valley as the owner of these businesses. Therefore, he will be recusing from voting on the warrants for Apple Valley Communications, AV Tech Services and AVCOM Services listed under Agenda Item Number 6.2. In addition, due to his interest in these businesses, Council Member Cusack will be recusing from voting on specific warrants listed under Agenda Item Number 6.2 because these entities are considered sources of income to his businesses. A list of business entities for Council Member Cusack is maintained on file in the Town Clerk’s Office and available for review at the dais.
Council Member Cusack confirmed that he would be recusing from voting on these warrants.
Council Member Nassif has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with NAPA Auto Parts or High Desert Auto Supply for the Town of Apple Valley as the owner of these businesses. Therefore, he will
3 be recusing from voting on the warrants for NAPA Auto Parts and High Desert Auto Supply listed under Agenda Item Number 6.2. In addition, due to his interest in both businesses, Council Member Nassif will also be recusing from voting on specific warrants listed under Agenda Item Number 6.2 because these entities are considered sources of income to his businesses. A list of business entities for Council Member Nassif is maintained on file in the Town Clerk’s Office and available for review at the dais.
Council Member Nassif confirmed that he would be recusing from voting on these warrants.
Mayor Leon has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Christian Brothers as a source of income to her businesses. Mayor Leon also has a financial interest in warrants dealing with Solution Strategies as a former landlord to this business. Therefore, she will be recusing herself from voting on the warrants for these businesses.
Mayor Leon confirmed that she would be recusing from voting on these items.
Motion by: Council Member Emick
Seconded by: Mayor Leon
To approve the Consent Calendar items numbered 6.1-6.9 as recommended.
Yes (4): Council Member Cusack, Council Member Emick, Council Member Nassif, and Mayor Leon. Absent (1) Mayor Pro Tem Bishop.
Motion Carried
6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 JUNE 2022 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 JUNE 2022 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
6.4 ACCEPTANCE OF WORK FOR 2022-ROADWAY REPAIR
That the Town Council:
4 A. Accept the work completed by Onyx Paving Company, Inc. as part of the Resurfacing 2022-Roadway Repair project for a total contract cost of $1,242,810.89
B. Approve a Change to Purchase Order 2122-000031 for $215,810.89 C. Direct the Town Clerk to file the Notice of Completion for the contract work.
D. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
6.5 ADVERTISE MICROSURFACE 2022
A. That the Town Council review and approve the bid documents for Microsurface 2022 project
B. That the Town Council authorize staff to solicit bids for construction of said project.
6.6 PROFESSIONAL SERVICES AGREEMENT WITH MDG ASSOCIATES INC. – SECOND AMENDMENT
Approve the extension of the Professional Services Agreement between the Town of Apple Valley and MDG Associates Inc. for an additional term of two (2) years.
6.7 SECOND READING OF ORDINANCE NO. 556 AN ORDINANCE OF
THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY,
CALIFORNIA, AMENDING SECTIONS 1.01.170 AND 1.01.200 OF
CHAPTER 1.01 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE
RELATED TO ADMINISTRATIVE CITATION PROVISIONS
REGARDING BUILDING, PLUMBING, ELECTRICAL, OR OTHER
SIMILAR STRUCTURAL OR ZONING ISSUES, AND ILLEGAL
CULTIVATION OF CANNABIS; AND FINDING THE ACTION EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Adopt Ordinance No. 556
6.8 SECOND READING OF ORDINANCE NO. 557 – AN ORDINANCE OF
THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY,
CALIFORNIA, AMENDING THE TOWN OF APPLE VALLEY
MUNICIPAL CODE TITLE 11, BY ADDING CHAPTER 11.120, SECTION
11.120.010 “UNLAWFUL POSSESSION OF CATALYTIC
5 CONVERTERS AND AMENDING SECTION 5.02.360 – DAILY
REPORTS AND PURCHASE FORMS; AND FINDING THE ACTION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Adopt Ordinance No. 557
6.9 ADOPT RESOLUTION NO. 2022-28 GRANTING AUTHORITY TO THE
TOWN MANAGER TO ENTER INTO CERTAIN CONTRACTS ON
BEHALF OF APPLE VALLEY CHOICE ENERGY AND RESCINDING
AND REPLACING SECTION 5 OF RESOLUTION NO. 2018-50
Adopt Resolution No. 2022-28 Granting Authority to the Town Manager to enter into certain contracts on behalf of Apple Valley Choice Energy and Rescinding and Replacing Section 5 of Resolution No. 2018-50.
7. Public Hearings
7.1 RESOLUTION 2022-29, TO RECORD DELINQUENT ANIMAL
CONTROL FEES, UTILITY FEES AND COST, AND CODE
ENFORCEMENT FEES AGAINST REAL PROPERTY LOCATED IN THE
TOWN OF APPLE VALLEY AND DIRECTING THAT SAID
ASSESSMENTS CONSTITUTE A LIEN UPON SAID PROPERTIES
That the Town Council:
A. Open Public Hearing and Hear Testimony.
B. Close Public Hearing.
C. Adopt Resolution No. 2022-29, confirming delinquent animal control, utility and code enforcement fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties.
Mayor Leon opened the public hearing at 6:58 p.m.
Sydnie Harris, Director of Finance, presented the staff report as filed with the Town Clerk.
Pamela Johnson, Apple Valley, commented that she previously attended a meeting and also tried resolving this issue via the phone without resolution. She stated that she does not believe that she should have to pay these fees and explained how and why her dog escaped from her property.
6 Kevin Morisset, Mission Viejo, expressed concern regarding an Animal Control lien that will be assessed on his property. He believed the responsibility should be on the tenant, not the owner of the property.
There being no additional requests to speak, Mayor Leon closed the public hearing at 7:06 p.m.
Motion by: Council Member Emick
Seconded by: Council Member Nassif
Adopt Resolution No. 2022-29, confirming delinquent animal control, utility and code enforcement fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties.
Yes (4): Council Member Cusack, Council Member Emick, Council Member Nassif, and Mayor Leon. Absent (1) Mayor Pro Tem Bishop.
Motion Carried
8. Business of the Council
8.1 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR THE FISCAL YEAR ENDED JUNE 30, 2021
It is recommended that the Town Council receive and file the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2021.
Sydnie Harris, Director of Finance, presented the staff report as filed with the Town Clerk.
This was a receive and file item only. There was no action taken.
8.2 SELECTION OF TOWN COUNCIL VOTING DELEGATE AND VOTING ALTERNATE TO THE LEAGUE OF CALIFORNIA CITIES’ 2022
ANNUAL CONFERENCE
Nominate one Council Member as voting delegate and two (2) Council Members as voting alternates representing the Town of Apple Valley at the League of California Cities’ 2022 Annual Conference.
Motion by: Council Member Cusack
Seconded by: Council Member Emick
7 To nominate Council Member Nassif as the voting delegate and Council Member Bishop as the voting alternate representing the Town of Apple Valley at the League of California Cities’ 2022 Annual Conference Yes (4): Council Member Cusack, Council Member Emick, Council Member Nassif, and Mayor Leon. Absent (1) Mayor Pro Tem Bishop.
Motion Carried
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, updated the Town Council on upcoming activities and events in the Town of Apple Valley.
11. Closed Session
Thomas Rice, Town Attorney, stated that there was no need for Closed Session.
12. Adjournment
Motion by: Council Member Emick
Seconded by: Council Member Cusack
To adjourn the meeting of the Apple Valley Town Council at 7:20 p.m.
Motion Carried
Kari Leon, Mayor La Vonda M-Pearson, Town Clerk
Town Council Agenda Report
Date: July 26, 2022
To: Honorable Mayor and Town Council
Subject: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN
FOR THE TOWN OF APPLE VALLEY
From: Douglas Robertson, Town Manager
Submitted by: Kristine Shoup, Human Resources Manager
Human Resources
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Approve Resolution No. 2022-30, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan.
BACKGROUND
The Human Resources Department, working in conjunction with the Economic and Community Development Department, recommends adding the following new classification to the published classification and salary plan for future department development.
Planning Technician – salary range 43: $3,879 to $5,482 monthly.
Additionally, the Human Resources Department also recommends amending the vacant Housing Programs Supervisor classification and retitling the classification to Housing and Community Development Supervisor.
FISCAL IMPACT
There is no cost associated with the recommended amendments to the classification and salary plan. All positions will be subject to budget approval before being filled.
ATTACHMENTS
A. Resolution 2022-30
B. Planning Technician Job Description
C. Housing and Community Development Supervisor Job description D. Updated Classification and Salary Plan
RESOLUTION NO. 2022 –30
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF APPLE VALLEY AMENDING THE
CLASSIFICATION AND SALARY PLAN FOR THE TOWN
OF APPLE VALLEY
WHEREAS, the Town Council of the Town of Apple Valley has established classification and salary plan for the Town of Apple Valley; and WHEREAS, the Town Council of the Town of Apple Valley wishes to modify the classification and salary plan for the Town of Apple Valley.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AS FOLLOWS:
Section 1. The Town Council finds that all of the facts set forth in the Recitals of this Resolution, are true and correct, and are incorporated herein by reference.
Section 2. The Town Council hereby establishes new job classifications as shown in Attachment B.
Section 3. The Town Council hereby amends existing job classifications as shown in Attachment C.
Section 4. The Town Council hereby adopts the revised classification and salary as shown in Attachment D.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect.
Section 6. Effective Date. This Resolution is effective immediately. All resolutions, parts of resolutions in conflict herewith are hereby amended to be consistent herewith.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 26th day of July, 2022.
_____________________________________
Kari Leon, Mayor
ATTEST:
______________________________
La Vonda M-Pearson, Town Clerk
Resolution No. Town of Apple Valley Page 1 of 3
FLSA: Non-Exempt*
Planning Technician
SUMMARY
Under direct supervision and with an emphasis in customer service, performs a variety of technical and administrative assistance in support of the Town’s Planning Division; provides information and assistance to members of the public at the information counter regarding zoning and permitted uses, application procedures, and other planning related matters; performs related duties as required.
SUPERVISION RECEIVED AND EXERCISED
Receives direct supervision from the Planning Manager. No direct supervision of staff is exercised.
ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
Evaluates a variety of applications and proposals for completeness; maintain appropriate logs of plan applications processed.
Screens calls, visitors, and mail; responds to complaints and requests for information; enters and tracks public calls into appropriate computer databases; directs callers to appropriate Town staff via switchboard; assists public at front counter and directs public to appropriate locations/staff.
Assists in the preparation of Planning Commission agendas and meeting minutes; posts and uploads to the Town website; delivers agendas and exhibits to Commissioners; compiles information for public records requests.
Provides technical support to planning staff by conducting research; Provides required information for specific meetings; assist in the preparation and review of meeting minutes. Answers general questions and provide information to the public; research information; interpret data and explain requirements, regulations, and procedures; assist with inquiries pertaining to current or comprehensive planning.
Verifies and reviews forms and reports for completeness and conformance with established regulations and procedures; applies departmental and program policies and procedures in determining completeness of applications, records, and files. Researches, collects, compiles, records, and summarizes technical data; assist with documentation for projects and presentations; maintain planning, statistical, photographic, and historical records.
Resolution No. Town of Apple Valley Page 2 of 3
Assembles data needed to issue permits; work with applicants to ensure consistency of applications with Town regulations.
Assists in the enhancement of the departments record keeping system by organizing and computerizing files.
Reviews reports for completeness and accuracy.
Performs environmental analysis activities; assess project compliance with regulations and guidelines; prepare a variety of documents as assigned. Participates in a variety of special projects as assigned. Performs related duties as required.
DISTINGUISHING CHARACTERISTICS
This is an entry-level class in the professional planning series that provides technical, clerical, and administrative support activities to the planning department. The incumbent follows routine procedures and guidelines in the application of prescribed duties and works under close supervision with work frequently reviewed by a superior. Responsibilities include providing a range of routine, clerical and administrative support, customer service to the public at the front counter and on the telephone regarding policies and procedures, status of ongoing projects, zoning regulations, permit requirements, assisting with routine planning, zoning, and other related functions encountered by the Town. This class is distinguished from the Assistant Planner in that the latter requires a higher level of knowledge and skill pertaining to professional planning.
MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:
Equivalent to completion of twelfth (12th) grade and two (2) years of administrative or general clerical experience with at least one (1) year of dealing with the public.
LICENSE AND CERTIFICATION REQUIREMENTS
Valid California class C driver’s license with satisfactory driving record and automobile insurance.
Knowledge of:
Principles, practices, and procedures related to urban and regional planning, development, and zoning administration.
Geographic, socio-economic, transportation, political, and other elements related to urban planning.
Comprehensive plans and current planning processes and the development process. Applicable Federal, State, local laws, codes, and regulations, as well as Community Development program rules and requirements and related reports. Researching and reporting methods, techniques, and procedures. Recent developments, current literature, and sources of information related to planning and zoning.
Modern office methods, practices, procedures, and equipment, including computer hardware and software necessary for graphic presentation, mapping, and database management, including Microsoft Office, Microsoft Project, Town permitting software, and basic GIS concepts and applications.
Resolution No. Town of Apple Valley Page 3 of 3
Modern office administrative and secretarial practices and procedures. Business letter writing and the standard format for reports and correspondence. English usage, grammar, spelling, vocabulary, and punctuation. Techniques for dealing effectively with the public, vendors, contractors, and Town staff, in person and over the telephone.
Techniques for providing a high level of customer service the public, vendors, contractors, and Town staff, in person and over the telephone.
Ability to:
Learn Town ordinances, codes, and regulations pertaining to assigned area of responsibility. Learn current literature, information sources, and research techniques in the field of urban planning.
Interpreting and applying administrative and departmental policies and procedures. Responding to and effectively prioritize multiple phone calls, walk-up traffic, and other requests and interruptions.
Preparing clear and concise reports and correspondences. Maintaining accurate records and filing systems.
Typing and entering data with speed and accuracy.
Organizing and multitasking assignments to meet deadlines. Operating a computer including standard software and some specialized software. Using tact, initiative, prudence, and independent judgment within general policy and legal guidelines.
Establishing and maintaining effective working relationships. Communicating clearly both verbally and in writing.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to inspect Town development sites, including traversing uneven terrain, climbing ladders, stairs, and other temporary or construction access points; to operate a motor vehicle and to visit various Town and meeting sites; vision to read printed materials and a computer screen, and make inspections; and hearing and speech to communicate in person, before groups, and over the telephone. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard or calculator, and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects necessary to perform job functions.
Employees work partially in an office environment with moderate noise levels and controlled temperature conditions, and partially in the field and are occasionally exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff, and/or public and private representatives, and contractors in interpreting and enforcing departmental policies and procedures. *FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.
Resolution No.2007-23 Town of Apple Valley Page 1 of 4
FLSA: Exempt*
Housing and Community Development Supervisor
SUMMARY
Under general direction, provides a wide variety of supervisory level support work in creating, implementing, and administering housing, redevelopment, and CDBG projects, programs, and agreements; reviews, monitors, and processes housing and economic development initiative grants for projects; acts as liaison for the Town with a variety of private, public, and community organizations and regulatory agencies; conducts studies, develops recommendations for action, and policies and procedures; provides professional assistance to Town management staff in areas of expertise; assigns and reviews the work of staff; performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Assistant Town Manager. Exercises direct and general supervision to professional, technical, and administrative support staff.
ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
Coordinates, implements, and maintains Town housing, redevelopment, and all Federal and State funded programs provided to the local community, including recommending, developing, updating, and implementing housing and redevelopment programs, projects, financial administration, and contract compliance.
Confers with and informs members of the business community (i.e., developers, nonprofits, outside agency officials, and local housing advocates) and the general public regarding Town housing and redevelopment programs, policies, procedures, and standards, including establishing and maintaining effective working relationships. Prepares and processes loan applications from start to completion for the rehabilitation of real property of targeted income groups, including interviewing applicants, performing intake duties, processing loan applications, evaluating, collecting, and verifying application information, explaining the various Town Housing and Economic Development Programs to prospective lenders and loan recipients, and taking applications through to the approval process.
Prepares and processes grant applications; monitors and implements grant funding for Town programs in the area of Housing and Economic Development, including reporting grant funding activities according to applicable grant regulations. Implements and monitors procedures for loan/grant closings, including coordinating and interacting with owners and escrow companies, setting up loan collection accounts, and implementing procedures regarding loan/grant defaults, loan extensions, and related monitoring requirements.
Provides oversight of property inspections and related work write-ups; monitors adherence to program eligibility and guidelines; prepares rehabilitation contracting documents, and monitors the bidding process and work.
Resolution No.2007-23 Town of Apple Valley Page 2 of 4
Facilitates resolution of contract disputes between homeowners and contractors; disburses funds to contractors for work completed, including providing the final accounting of loan proceeds, and adjusting and documenting changes to note as required. Assists with the coordination and participation of economic development marketing and trade show events.
Monitors changes in laws, regulations, and technology that may affect housing operations; recommends and implements policy and procedural changes as required. Conducts a variety of organizational studies, investigations, and operational studies; recommends, develops, and implements modifications to programs, policies, and procedures, as appropriate.
Prepares written staff reports and agenda items regarding various Housing and Economic Development projects for the Town Council, various committees, and advisory boards; prepares marketing and information materials to promote housing, redevelopment, and CDBG programs (i.e., brochures, handouts, news releases).
Plans, organizes, assigns, supervises, trains, and reviews the work of assigned staff. Assists with and performs a variety of personnel actions including selection of staff, employee review, and other functions.
Establishes and maintains records and files for Town Federal and State programs, including all documentation regarding loans, contracting agreements, and fund disbursements. Conducts field survey work, including gathering data for State and Federal grant applications, and verifying project status.
Participates in the preparation and monitoring of the annual budget for various Housing and Economic Development programs.
Acts as the Town’s representative and liaison on relevant topics, including but not limited to, responding to questions and comments from the public in a courteous and timely manner; collaborating with involved parties to reach resolutions on identified issues; speaking in public and making public presentations.
Prepares a variety of written correspondence, reports, policies, procedures, ordinances, and requests for proposal, agreements, and other written materials. Receives, investigates, and responds to citizen complaints, inquiries, and requests for services.
Performs other duties as assigned.
DISTINGUISHING CHARACTERISTICS
This is the fully experienced professional-level management support class capable of performing the complete range of project planning, administration, and final implementation for complex and sensitive housing projects. Responsibilities include developing and implementing policies and procedures for housing programs, including budget development, financial administration, reporting, expenditure monitoring, grant funds disbursement, contract administration, management analysis, and program evaluation. Successful performance of the work requires knowledge of public policy and municipal functions and activities. This class is distinguished from the Assistant Director of Economic Development and Housing in that the latter has overall responsibility for all economic development and housing functions and for developing, implementing, and interpreting public policy
MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:
Resolution No.2007-23 Town of Apple Valley Page 3 of 4
Equivalent to graduation from a four-year college or university with major coursework in business or public administration, economics, or a related field, and four (4) years of responsible professional experience with housing and/or redevelopment projects, and programs including lead or supervisory experience and extensive public contact.
LICENSE AND CERTIFICATION REQUIREMENTS
Valid California class C driver’s license with satisfactory driving record and automobile insurance.
Knowledge of:
Administrative principles and practices, including goal setting, program development, implementation and evaluation, project management, and supervision of staff. Principles, practices, and procedures of public administration in a municipal setting. Functions and services of a municipal government.
Principles and techniques of conducting analytical studies, evaluating alternatives, and making sound recommendations.
Basic principles, practices and funding sources for redevelopment, economic development affordable housing, and related programs and projects.
Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures. Applicable Federal, State, local laws, codes, and regulations. Public relations techniques.
Principles and practices of public agency budget development and administration, and sound financial management policies and procedures.
Techniques of contract administration.
Record keeping principles and procedures.
Modern office practices, methods, and computer equipment. Computer applications related to the work.
English usage, grammar, spelling, vocabulary, and punctuation. Techniques for dealing effectively with the public, vendors, contractors, and Town staff, in person and over the telephone.
Techniques for effectively representing the Town in contacts with governmental agencies, community groups, various business, professional, educational, regulatory, and legislative organizations.
Techniques for providing a high level of customer service to public and Town staff, in person and over the telephone.
Ability to:
Assist in the development of goals, objectives, policies, procedures, and work standards for the department.
Coordinate and oversee departmental and programmatic administrative, budgeting, and fiscal reporting activities.
Perform responsible and difficult administrative work involving the use of independent judgment and personal initiative.
Interpret, apply, and explain complex Federal, State, local laws, codes, regulations, departmental policies, and procedures.
Conduct research on a wide variety of administrative topics including project feasibility, grant funding, contract feasibility, budget and staffing proposals, and operational alternatives. Select, supervise, train, and evaluate staff.
Resolution No.2007-23 Town of Apple Valley Page 4 of 4
Understand the organization and operation of the assigned department and of outside agencies as necessary to assume assigned responsibilities. Prepare clear and effective reports, correspondence, policies, procedures, and other written material.
Make accurate arithmetic, financial, and statistical computations. Effectively conduct meetings and make presentations to various groups. Analyze situations and identify pertinent problems/issues; collect relevant information; evaluate realistic options; and recommend/implement appropriate course of action. Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. Operate modern office equipment including computer equipment and specialized software applications programs.
Use English effectively to communicate in person, over the telephone, and in writing. Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
Establish and maintain effective working relationships with those contacted in the course of the work.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle, to visit various Town and meeting sites and to inspect various residential sites; vision to read printed materials, a computer screen, and to perform inspections; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard or calculator, and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects necessary to perform job functions.
Employees work primarily in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Inspections are frequently performed that may require exposure to inclement weather conditions. Employees may interact with upset public and private representatives, and contractors as a result of interpreting and enforcing departmental policies and procedures. *FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Account Clerk I 36 $3,263 to $4,611
Account Clerk II 40 $3,602 to $5,090
Accountant I 52 $4,845 to $6,846
Accountant II 55 $5,217 to $7,372
Accountant, Senior 61 $6,051 to $8,550
Accounting Technician 46 $4,178 to $5,903
Administrative Analyst I 55 $5,217 to $7,372
Administrative Analyst II 61 $6,051 to $8,550
Administrative Assistant 42 $3,785 to $5,348
Administrative Assistant, Senior 48 $4,389 to $6,202
Animal Health Assistant 39 $3,514 to $4,966
Animal Health Supervisor 55 $5,217 to $7,372
Animal Services Supervisor 55 $5,217 to $7,372
Animal Services Assistant 28 $2,678 to $3,785
Animal Services Attendant 37 $3,345 to $4,727
Animal Services Manager 69 $7,372 to $10,417
Animal Services Officer I 42 $3,785 to $5,348
Animal Services Officer II 46 $4,178 to $5,903
Animal Services Officer Trainee 38 $3,429 to $4,845
Animal Services Officer, Senior 52 $4,845 to $6,846
Animal Services Specialist, Senior 39 $3,514 to $4,966
Town of Apple Valley Classification Plan FY 2022-2023
Effective: 07/26/2022
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
Animal Services Technician 40 $3,602 to $5,090
Assistant Director of Community Development 76 $8,763 to $12,383 Assistant Director of Community Enhancement 76 $8,763 to $12,383 Assistant Director of Econ Dev & Housing 76 $8,763 to $12,383 Assistant Director of Energy & Environmental Services 76 $8,763 to $12,383 Assistant Director of Finance 76 $8,763 to $12,383
Assistant Planner 53 $4,966 to $7,017
Assistant Pool Manager 34 $3,106 to $4,389
Assistant Town Clerk 64 $6,516 to $9,207
Assistant Town Manager NR $15,851 to $22,397
Associate Planner 59 $5,759 to $8,138
Code Enforcement Manager 69 $7,372 to $10,417
Code Enforcement Officer I 46 $4,178 to $5,903
Code Enforcement Officer II 52 $4,845 to $6,846
Code Enforcement Officer, Senior 55 $5,217 to $7,372
Code Enforcement Technician 42 $3,785 to $5,348
Community Development Director 86 $11,218 to $15,851
Community Enhancement Officer 44 $3,976 to $5,619
Custodial Aide 28 $2,678 to $3,785
Custodian 31 $2,884 to $4,076
Customer Service Representative 38 $3,429 to $4,845
Effective: 07/26/2022
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
Deputy Town Clerk 53 $4,966 to $7,017
Director of Animal Services 86 $11,218 to $15,851
Director of Business Development and Communication 86 $11,218 to $15,851 Director of Finance 86 $11,218 to $15,851
Director of Government Services 86 $11,218 to $15,851
Director of Municipal Services 86 $11,218 to $15,851
Director of Parks and Recreation 86 $11,218 to $15,851
Director of Public Works 86 $11,218 to $15,851
Economic Development Assistant 53 $4,966 to $7,017
Economic Development Manager 72 $7,939 to $11,218
Economic Development Specialist I 59 $5,759 to $8,138
Economic Development Specialist II 65 $6,679 to $9,437
Equipment Operator 48 $4,389 to $6,202
Event Assistant 28 $2,678 to $3,785
Event Coordinator 51 $4,727 to $6,679
Executive Assistant 53 $4,966 to $7,017
Executive Assistant to the Town Manager 55 $5,217 to $7,372 Finance Analyst 67 $7,017 to $9,915
Finance Manager 72 $7,939 to $11,218
Fleet Mechanic 45 $4,076 to $5,759
Geographic Information Systems (GIS) Specialist 55 $5,217 to $7,372
Effective: 07/26/2022
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
Golf Services Aide 28 $2,678 to $3,785
Golf Services Retail Assistant 34 $3,106 to $4,389
Golf Services Supervisor 52 $4,845 to $6,846
Housing & Community Dev Specialist I 57 $5,482 to $7,745 Housing & Community Dev Specialist II 63 $6,357 to $8,982 Housing Programs Supervisor 65 $6,679 to $9,437
Human Resources Analyst 61 $6,051 to $8,550
Human Resources Assistant 50 $4,611 to $6,516
Human Resources Coordinator 55 $5,217 to $7,372
Human Resources Manager 69 $7,372 to $10,417
Innovation and Technology Coordinator 63 $6,357 to $8,982 Innovation and Technology Officer 76 $8,763 to $12,383
Innovation and Technology Specialist 55 $5,217 to $7,372 Innovation and Technology Technician 49 $4,499 to $6,357 Intern 28 $2,678 to $3,785
Lifeguard 31 $2,884 to $4,076
Maintenance Aide 28 $2,678 to $3,785
Maintenance Supervisor 59 $5,759 to $8,138
Maintenance Worker I 37 $3,345 to $4,727
Maintenance Worker II 41 $3,692 to $5,217
Maintenance Worker, Senior 45 $4,076 to $5,759
Effective: 07/26/2022
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
Manager of Legislative Affairs and Grants 72 $7,939 to $11,218 Office Assistant 30 $2,814 to $3,976
Office Assistant, Senior 36 $3,263 to $4,611
Park and Recreation Manager 72 $7,939 to $11,218
Parks Supervisor 52 $4,845 to $6,846
Planner, Senior 65 $6,679 to $9,437
Planning Manager 72 $7,939 to $11,218
Planning Technician 43 $3,879 to $5,482
Pool Manager 37 $3,345 to $4,727
Principal Planner 70 $7,557 to $10,677
Public Information Officer 72 $7,939 to $11,218
Public Relations Specialist 53 $4,966 to $7,017
Public Relations Specialist, Senior 56 $5,348 to $7,557 Public Works Inspector 52 $4,845 to $6,846
Public Works Manager 69 $7,372 to $10,417
Public Works Supervisor 59 $5,759 to $8,138
Public Works Technician 43 $3,879 to $5,482
Records Technician 41 $3,692 to $5,217
Recreation Assistant 34 $3,106 to $4,389
Recreation Coordinator 44 $3,976 to $5,619
Recreation Leader I 28 $2,678 to $3,785
Effective: 07/26/2022
Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
Recreation Leader II 31 $2,884 to $4,076
Recreation Specialist 40 $3,602 to $5,090
Recreation Supervisor 52 $4,845 to $6,846
Registered Veterinary Technician 46 $4,178 to $5,903
Rescue Coordinator 39 $3,514 to $4,966
Special Projects Manager 72 $7,939 to $11,218
Town Clerk 76 $8,763 to $12,383
Town Manager NR $21,584 to $21,584
Effective: 07/26/2022
Town Council Agenda Report
Date: July 26, 2022
To: Honorable Mayor and Town Council
Subject: FY 2022-23 STATE ADVOCACY SERVICES
From: Douglas Robertson, Town Manager
Submitted by: Julie Ryan, Special Projects Manager
Town Manager
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council approve a one-year extension to the Professional Services Agreement with Niemela Pappas & Associates for State Legislative Advocacy Services for Fiscal Year 2022-23.
BACKGROUND
The Town has contracted with state legislative advocacy firm Niemela Pappas & Associates (NPA) since January 2015. NPA acts as the Town’s liaison with the California Legislature and Administration in Sacramento advocating for the Town’s position on legislative, regulatory, and programmatic matters of interest. NPA also facilitates meetings with various State agencies to discuss funding opportunities and grant programs. The Town has also benefited from their presence in Sacramento due to the strong working relationships with the Governor, Legislature, and agencies of the State government by communicating and broadening the understanding of the Town’s priorities and needs.
ANALYSIS
NPA has met with Town staff on several occasions to discuss specific legislative issues and potential grant projects, and was a vital resource in Sacramento throughout the COVID-19 Pandemic. In addition, the Town continues to be updated on legislative issues and activity in Sacramento, including assisting in monitoring and tracking the progress of specific legislation and attending legislative hearings before Senate and Assembly Committees on the Town’s behalf.
The Town’s contract with NPA expired on June 30, 2022, and staff recommends a oneyear contract extension through June 30, 2023, allowing the State Advocacy Service
contract to align with the Town’s fiscal year calendar. Staff further believes that NPA’s Scope of Work and monthly fee is commensurate with the work they have performed since 2015. Attached is the Scope of Services and Schedule of Compensation. If approved, the Town Attorney’s Office will be asked to prepare a simple amendment to the existing agreement with NPA for execution by the Town Manager.
FISCAL IMPACT
NPA has a current fee of $3,000 per month plus reimbursement for approved expenses up to $200 per month, or $38,400 for Fiscal Year 2022-23. Funding has been included in the FY 2022-23 budget for State Legislative Advocacy Services.
ATTACHMENTS
A. Scope of Services and Schedule of Compensation
ATTACHMENT “A”
TO
TOWN OF APPLE VALLEY AGREEMENT FOR LOBBYING SERVICES
SCOPE OF SERVICES
The scope of work to be provided by Niemela Pappas & Associates (“NPA”) to the Town of Apple Valley (“Town”) will include monitoring California’s legislative, regulatory, and administrative processes to identify potential legislation and administrative actions affecting the Town’s interests. In addition, NPA will provide advice and counsel, strategic planning, intelligence gathering, and lobbying related to the Town’s efforts to garner State funds for infrastructure improvements.
NPA’s role in monitoring and intelligence gathering will also be directed to frequent contact with legislators, the Governor’s Office, state agencies and key staff of primary committees affecting the Town. This contact is essential in order to obtain early notice regarding development of future legislation and administrative actions affecting the Town’s interests. Through the establishment of a continued dialogue with legislators and agency representatives, NPA will keep policy makers aware of the potential effect of specific legislation and actions of relevance to the Town.
SCHEDULE OF COMPENSATION
Total compensation for work under this contract shall not exceed Three Thousand Dollars ($3,000.00) per month, plus approved expenses not to exceed Two Hundred Dollars ($200.00) per month, beginning July 1, 2022, through June 30, 2023.
Town Council Agenda Report
Date: July 26, 2022
To: Honorable Mayor and Town Council
Subject: PROPOSED PUBLIC ALLEY NORTH OF HIGHWAY 18 NORTH
BETWEEN DALE EVANS AND WAKITA ROAD
From: Douglas Robertson, Town Manager
Submitted by: Brad Miller, Town Engineer
Engineering
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council approve a new access alley between Dale Evans Road and Wakita Blvd. across the Town’s Parcel APN 3122-251-13.
BACKGROUND
The Planning Division recently approved Permit No. 2021-005 & Development Permit No. 2021-013 to construct a new car wash on 1.86 acres in a General Commercial (C-G) District at 20440 Outer Highway 18 (Applicant: Pacific Development Group; APN: 3112-251-12) The approval included Engineering Division’s Conditions of Approval requiring reciprocal access rights across the project’s parcel to the Town-owned parcel east of the project.
The applicant requested assurance that in the event the outer highway is eliminated in the future, the project will have a replacement access to Wakita Road across the Town’s Property.
ANALYSIS
The location of the Car Wash Project is located at the northeast corner of Outer Highway 18 North and Dale Evans Parkway. The Town has developed preliminary long-term regional plans to eliminate the Outer Highway 18 North between Dale Evans Parkway and Standing Rock Avenue. The elimination of this segment of the Outer Highway includes the construction of a new traffic signal at a new proposed intersection at State Route 18 and Standing Rock Avenue. The regional conceptual plan also includes the potential to provide direct highway access to the property south of the highway at the new proposed signal. The
preliminary cost estimate for this regional access improvement project exceeds several million dollars.
Though the car wash project will be affected if this long-term plan to remove the outer Highway is implemented, engineering staff did not recommend, as a condition of approval, that the outer highway be eliminated at this time. Existing access along the outer highway would not change for the car wash nor the Town-owned parcel unless the regional project is funded and constructed. Until this project is constructed, the proposed alley would not be put into effect. As shown in the attached Exhibit “A”, the proposed location of the alley is along the northerly property line of the project within their proposed 28’ foot wide drive isle.
It is not recommended to require any additional width than a 28’ wide alley from the project.
The alley serves as an access road to the Police Department’s parking lot and to the church and to the Town’s parcel. A full-width street with curbs gutters and sidewalk is not necessary for these few commercial, and public offices, and church facilities. A good example of this type of access road is the driveway into the Walmart shopping center that serves several businesses.
Because the regional plan to eliminate the other highway is conceptual at this time, the Town has not received any comments or commitments from Caltrans as to any of the potential direct access points onto the highway. Attached Exhibit “B” shows two potential scenarios that could possibly happen once the Town develops more complete plans for the regional realignment of Standing Rock Avenue. The alley not only could provide access to Wakita Blvd., but also possibly have right turn in and right turn out access at the highway.
FISCAL IMPACT
No Fiscal Impact
ATTACHMENTS
A. Exhibit “A” Alley location
B. Exhibit “B” Potential reconfiguration of the local streets
Exhibit “A”
EXHIBIT “B”
Potential reconfiguration of the local streets
Town Council Agenda Report
Date: July 26, 2022
To: Honorable Mayor and Town Council
Subject: LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT #1- PUBLIC
HEARING, CONFIRMING ASSESSMENT AND LEVYING
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. Conduct the public hearing
B. Adopt Resolution No. 2022-31, A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2022-2023
BACKGROUND
On June 14, 2022, the Town Council approved Resolution No. 2022-20, directing the filing of the Annual Report for the Apple Valley Landscaping and Lighting District, approved the Engineer’s Report and approved Resolution No. 2022-21, to declare the Town’s intention to order improvements and to levy and collect assessments for Fiscal Year 2022-2023.
The resolution also gave notice of the time and place for the public hearing to discuss the proposed assessment.
As indicated within the attached engineer’s report, the proposed net amounts to be assessed for each location within the assessment district are as follows:
Last year’s Proposed
Location Tract No. No. of lots assessment (FY 22/23)
• L-1 Tract 13618 137 $40.88 $40.88
• L-2 Tract 13426 26 $94.75 $94.75
• L-3 Tract 14090 182 $141.54 $141.54
Last year’s Proposed
Location Tract No. No. of lots assessment (FY 22/23)
• L-4 Tract 13709 18 $139.00 $139.00
• L-5 Tract 15288 65 $89.23 $89.23
• L-7 Tract 8476 236 $20.00 $20.00
• L-8 Tract 14846 143 $198.06 $198.06
• L-9 Tract 9696 58 $78.00 $78.00
• L-10 Tract 16492 258 $196.00 $309.00
• L-11 Tract 16395 58 $292.04 $292.04
• L-12 Tract 16059 173 $159.46 $159.46
• L-13 Tract 14994 18 $224.18 $224.18
• L-15 Tract 16779 84 $124.00 $124.00
• L-17 Tract 15286 61 $84.00 $84.00
• L-19 Tract 16134 35 $96.00 $96.00
• L-20 Tract 17093 134 (55 developed) $200.00 $200.00
• L-23 PM 17684 31 $Varies $Varies
• L-26 Tract 17278 15 $369.62 $369.62
• L-28 PM 15151 1 $746.67 $746.67
FISCAL IMPACT
The attached report summarizes the revenues and expenditures of the Assessment District, the estimate of cost and the proposed cost per lot per tract. The costs are borne by the property owners within each identified tract. There is no direct budgetary impact to the Town.
ATTACHMENTS
A. Engineer’s Report
B. Resolution confirming diagram and assessment and levying assessment for fiscal year 2022-2023
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
PLANS AND SPECIFICATIONS
L-1
TRACT NUMBER: 13618
LOCATION: East side Central Road at Cuyama Road
DESCRIPTION: Plans and specifications for the improvements are those prepared by EDAW Inc., Landscape Architects, by William Schultz, dated July 2, 1991. These plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated in this report by reference. In summary, the improvements consist of landscaping generally of pine trees, small junipers, other decorative bushes, decorative rock, and a perimeter wall.
Perimeter parkway landscaping is bounded by the face of curb and the face of the perimeter wall (20.00) Feet along the along the easterly side of Central Road in Tract 13618. In addition, a small portion (12.00) paralleling Cuyama Road at the intersection of Central Road. The area is basically within the parkway area along Central Road 20’ in width and along a small portion of Cuyama Road 12’ in width.
L-2
TRACT NUMBER: 13426
LOCATION: West side Central Road
DESCRIPTION: Perimeter parkway landscaping bounded by the face of curb and the face of the perimeter wall (11.00) Feet along the along the westerly side of Central Road in Tract 13426 from Cholena Road to Thunderbird Road.
Area of improved landscaping consists of small trees planted at 40- feet on center with some small decorative bushes intermittency
planted between the trees. The planted area is covered with 3-inches in depth with 3/4- inch granite gravel over an area of approximately 11-feet in width and 1,208 feet in length for an area coverage of 13,290 square feet.
L-3
TRACT NUMBER: 14090
LOCATION: North side of Sitting Bull Road from west of Lompoc Road to east of Tawya Road; Ottawa Road from west of Paraiso Road to west of Choco Road.
DESCRIPTION: General Plans and specifications for the improvements are those prepared by NDNA-Don Napolitano and Associates-Landscape Architects, dated September 11, 1991. Specific Plans and specifications for the proposed phasing of improvements are those prepared by Burch Meress Associates, dated September 20, 1993.
Both plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated by reference.
In summary, the improvements consist of approximately 40 acres of open space landscaping. The open space landscaping is to be maintained on an as needed basis under “extra work”.
A concrete V-channel connecting Paraiso Road to the drainage channel,
An equestrian trail located on the east side of the drainage channel from Ottawa Road south to the end of Mugu Ct,
Parkway landscaping bounded by the face of curb and the face of the perimeter wall along the along the northerly side of Sitting Bull Road within the tract boundaries from 200’ east of Lompoc Road to 200’ west of Choco Road, parkway landscaping along the south side and the north side of Ottawa Road from 200’ feet west of Paraiso Road to 200’ east of Choco Road, parkway landscaping is also located along the south side and the north side of Paraiso Road west of Capella Road adjacent to the drainage channel within the tract boundaries.
L-4
TRACT NUMBER: 13709
LOCATION: Along the north side of Geronimo Road at Bannock Ct. and Sarsi Ct. within the tract boundaries
DESCRIPTION: Plans and specifications for the improvements are those prepared by Shelly Harper, dated October 5, 1993. The landscaping consists generally of pine trees, small junipers and other decorative bushes.
The area is basically left earthen for drainage retention and percolation over three areas totaling 30’ in width by approximately 602’ in length for an area of 16,020 square feet along the north frontage of Geronimo Road.
L-5
TRACT NUMBER: 15288
LOCATION: South side of Sitting Bull Road east of Rincon Road within the tract called Quail Run Estates.
DESCRIPTION: Plans and specifications for the improvements are those prepared by Jennings Landscaping. The parkway landscaping consists generally of pine trees, small junipers and other decorative bushes. The area is covered in cobble stone and brown decorative rock over three areas varying in width by approximately 1000’ in length for an aerial coverage of 15,300 square feet along the south frontage of Sitting Bull Road. In addition to the parkway landscaping along Sitting Bull Road, a small median is located at the entrance to the tract at Quail Summit Road and a long retention basin on the westerly boundary of the tract are also included in the maintenance program.
L-7
TRACT NUMBER: 8476
LOCATION: South of Yucca Loma Road and east of Cochise Road DESCRIPTION: Improvements consist of maintaining 43 existing streetlights located with a portion of Tract 8476, generally located south of Yucca Loma Road and east of Cochise Road.
L-8
TRACT NUMBER: 14846
LOCATION: South side Sitting Bull Road at Skyline Ranch Drive DESCRIPTION: In summary, the district consists of maintaining perimeter landscaping and wall within the parkway along Sitting Bull Road, Deep Creek Road, Geronimo Road and 1.7 acres of open space landscaping and fencing within Lot A. General Plans and specifications for the proposed improvements are those by Fennel Associates, dated July 14, 2000. Both plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated by reference.
L-9
TRACT NUMBER: 9096-1
LOCATION: South side Yucca Loma Road at Delaware Road
DESCRIPTION: In summary, the district consists of maintaining an existing landscaped area basically within the parkway along Yucca Loma Road. The parkway is approximately 30’ in width from the street curb to the perimeter wall adjacent to Tract 9096-1, from approximately 400’ west of Delaware Road to 700’ east of Delaware Road.
The area is basically left earthen but includes landscaping, generally of evergreen trees and juniper bushes on Yucca Loma at the entrance of the neighborhood at Delaware Road, and trees planted at 50-feet on center along Yucca Loma Road. The landscaped area currently has a drip irrigation system installed.
L-10
TRACT NUMBER: 16492
LOCATION: South side Yucca Loma Road at Tamani Road
DESCRIPTION: The landscaped area to be maintained by the District is the landscaped parkway on the south side of, and adjacent to, Yucca Loma Road, being also the rear yards of Tract No. 16492-1 and 2 lots 2-12, Lot A, the 60’ drainage easement, the landscape strip along Tamiani Road, the landscaped parkway along Ottawa Rd. and adjacent to Ottawa Rd., being also the rear yards of lots 65-74.
With the construction of Tract No. 16492-1 and 2, the parkway 60’ drainage easement and Lot A is hydro seeded with a desert wildflower mix and maintained twice a year to control overgrowth.
The landscape strip along Tamiani Road includes a strip with gravel mulch and no other planting, and between the sidewalk and rail fence is planted with Plane trees and Desert Willows alternating in groups with shrubs in between and gravel mulch throughout. The planters along Ottawa Rd. has gravel mulch with Chitalpa trees at 40 feet on center and shrubs on bubblers in between. There is dense planting at the main entry and at Yucca Loma Road. The landscape strip along Yucca Loma Road between the bike path and parkway includes Pine Trees and Desert Willows alternating in groups spaced at 10 feet to 30 feet with shrubs in between. The Parkway is landscaped with low growing shrubs. All planters is covered with ¼” gravel.
L-11
TRACT NUMBER: 16395-1, 2
LOCATION: South side Catalina Road, west of Apple Valley Road The landscaped areas to be maintained, in summary, is the landscaped parkway and adjacent to, Apple Valley Road, south of Catalina Road to the southern boundary of the tract; and the storm water detention basin, lot A. Maintained areas also include the slopes adjacent to lots 33 though 37 and lots 40 and 41 within said tract.
L-12
TRACT NUMBER: 16059
LOCATION: North of Sitting Bull Road, east of Apple Valley Road The landscaped area to be maintained by the District is the landscaped parkway and slope area on the north side of, and adjacent to, Sitting Bull Road; and on the east side, and adjacent to, Apple Valley Road. The parkway and slope area adjacent to Sitting Bull Road and Apple Valley Road and includes the maintenance of an irrigation systems installed as shown on the approved landscape plans.
L-13
TRACT NUMBER: 14994
LOCATION: South of Geronimo Road, at Bannock Road
The landscaped area to be maintained by the District is the landscaped parkway and slope area on the south side of, and adjacent to, Geronimo Road; in Tract 14994 as shown on the approved landscape plans. The total landscaped area to be maintained on the south side of Geronimo Road is approximately 516 linear feet in length by an average width of 33 feet for a total of about 17,128 square feet of landscaping.
L-15
TRACT NUMBER: 18343
LOCATION: North of Esaws Road, west of Central Road
The landscaped area to be maintained by the District is the landscaped parkway and slope area on the west side of, and adjacent to, Central Road (25,200 sq.ft.); the Lot “A”, the detention basin (90,000 sq.ft.), storm drain system and landscaping along the side yards of Holsteiner Lane (13,700 sq.ft.) in Tract 18343 and as shown on the approved landscape plans.
L-17
TRACT NUMBER: 15286
LOCATION: North of Wintun Road, west of Chippewa Road
The landscaped area to be maintained by the district is the detention basin located in Tract No. 15286 as shown on the assessment diagram. With the construction of Tract No. 15286 the Detention Basin will be landscaped and have irrigation systems installed as shown on the landscape plans (Exhibit A). After the acceptance of the landscaped area by the Town of Apple Valley, the funds generated by this annexation will allow the District to provide for the maintenance of the landscaped area.
L-19
TRACT NUMBER: 16134
LOCATION: North of Mana Road, west of Awia Road
The maintenance areas include a sixty (60) foot wide drainage easement to the Town of Apple Valley that is 1,760 lineal feet along the north boundary line of Tract 16134. The south twenty (20) feet contains a graded access road and just north is an eighteen (18) foot 3:1 slope containing 100-pound rip-rap protection. The remainder of the channel is an earthen bottom flowline. Behind the access road is a private six (6) foot backyard masonry wall that runs along lots 26, 27, and 29-35 of this tract. At the easterly end of the channel a 72’ reinforced concrete drainpipe has been installed under Mana Road and a driveway access to the channel access road has been installed on lot 35.
L-20
TRACT NUMBER: 17093
LOCATION: South of Bear Valley Road, east of Itoya Vista Road The maintenance areas include:
1. Landscaped slope of a variable width strip along and adjacent to the southerly right of way of Bear Valley Road between Itoya Vista Street and the easterly tract boundary of Tract 17093 with approximately 12,488 square feet. Approximately 1,270 lineal feet of eight foot (8) wide parkway bicycle trail. Two (2) foot and Six (6) foot wide strips of landscaped parkway areas both approximately 1,270 lineal feet long.
2. Landscaped slope of a variable width strip along and adjacent to the northerly right of way of Sandia Road between Itoya Vista Street and the easterly tract (Merino Avenue) with approximately 16,086 square feet. Approximately 1,170 lineal feet of nine foot (9) wide decomposed granite parkway equestrian trail. A three (3) foot wide strip of landscaped parkway area approximately 1,170 lineal feet long.
3. Landscaped slope of a variable width strip along and adjacent to the easterly right of way of Itoya Vista Street between Bear Valley Road and Sandia Road with approximately 20,975 square feet.
Approximately 2,277 lineal feet of nine foot (9) wide decomposed granite parkway equestrian trail. A three (3) foot wide strip of landscaped parkway area approximately 2,277 lineal feet long.
4. Landscaped slopes of variable width on portions of Lots 18 and 19 of Tract 17093-1 and Lots 23 and 24 of Tract 17093, all are adjoining Lot B of Tract 17093. The southerly landscaped portions of said Lots 18 and 19 total 2,886 square feet. The northerly portion of said Lots 23 and 24 total 5,552 square feet.
5. The detention basin 109,387 square feet and appurtenances on Lot A (Tract 17093-1), northerly of and adjacent to Lots 74 through 77 inclusive of Tract 17093.
6. The 42” RCP storm drain line and appurtenances between Lot C detention basin and Kiowa Road, approximately 1,150 feet along Sequoia Street.
7. One streetlight at the southeast corner of Bear Valley Road and Itoya Vista Street.
Items 1 through 7 above will hereinafter be collectively referred to as “Maintained Areas”.
L-23
PARCEL NUMBER: PM 17684
LOCATION: North SR 18, west of Dale Evans Parkway
Assessment District L-23 is established to provide landscaping and landscape maintenance within parkways and medians which primarily provide specific aesthetic benefit to the retail shopping centers that are generally located north of Highway 18, south of Thunderbird Road which front Highway 18, Dale Evans Parkway and Bass Hill Road.
L-26
TRACT NUMBER: TR 17278
LOCATION: West of Wabisi Road, South of Mana Road
Assessment District L-26 is established to provide landscaping and landscape maintenance adjacent to Tract 17278, which consists of 15, 1/2 acre lots located on the southwest corner of Mana Road and Wabisi Road. A six-foot masonry wall has been constructed on the property line of the perimeter roads and there is a 12-foot parkway with a four-foot sidewalk. Mana Road landscape surface is 410 lf x
7.5 feet and Wabisi Road is 942 lf x 8 feet for a total landscape surface of approximately 10,611 square feet.
L-28
PARCEL NUMBER: PM 15151, Parcel 3
LOCATION: North SR 18, west of Dale Evans Parkway
Assessment District L-28 is established to provide maintenance to a drywell installed in a retention basin on Assessor Parcel Number 3112-251-56, owned by Apple Valley Commons I, LLC. Drainage easements in favor of the Town of Apple Valley will allow the runoff from the America’s Tire Parcel to drain into the existing retention basin. The retention basin and the corresponding drainage easements are described in parcel map 16984 on record in the County of San Bernardino.
The drywell and existing retention basin provide offsite drainage benefits for the development of the America’s Tire on the southwest corner of Thunderbird Road and Outer Highway 18 North, Parcel 3 of Parcel Map No. 15151.
PART B
ESTIMATE OF COST FY 2022-2023
• 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 2021/2022 $12,016 $2,855 $24,258 $5,393 $4,169 $8,570 Assessed budget of FY2021/2022 $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 2022-2023 $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
(FY2022/2023) $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 2021/2022 $21,544 $5,787 $79,768 $19,523 $12,476 $3,083 Assessed budget of FY2021/2022 $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 2022-2023 $28,323 $4,524 $79,722 $16,939 $7,335 $4,035 Number of lots: 143 58 258 58 46 18
Proposed Cost per lot per year
(FY2022/2023) $198 $78 $309 $292 $159 $224
Last year's assessment /lot /year $198 $78 $196 $292 $159 $224
PART B (Continued)
ESTIMATE OF COST FY 2022-2023
• 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 2021/2022 $9,298 $0 $0 $3,806 $44,420 $326 Assessed budget of FY2021/2022 $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 2022-2023 $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
(FY2022/2023) $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 2021/2022 $0
Assessed budget of FY2021/2022 $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
PART C
ASSESSMENT DIAGRAM
See Attachments Entitled Assessment Diagrams For:
Annexation No. Tract No.
L-1 Tract 13618
L-2 Tract 13426
L-3 Tract 14090
L-4 Tract 13709
L-5 Tract 15288
L-7 Tract 8476
L-8 Tract 14846
L-9 Tract 9696
L-10 Tract 16492
L-11 Tract 16395
L-12 Tract 16059
L-13 Tract 14994
L-15 Tract 18343
L-17 Tract 15286
L-19 Tract 16134
L-20 Tract 17093
L-23 PM 17684, L.L.A. 2007-002
L-26 Tract 17278
L-28 PM 15151, Parcel 3
PART D
ASSESSMENT ROLL
Reference
Number Tract No. Assessor’s Parcel Numbers Assessment per lot per year L-1 Tract 13618 437-471-(parcels 6-51) $40.88
437-472-(parcels 11-46) $40.88
437-651-(parcels 1-55) $40.88
L-2 Tract 13426 426-661-(parcels 7-32) $94.75
L-3 Tract 14090 3087-031-(parcels 1-77) $141.54
3087-071-(parcels 1-18) $141.54
3087-072-(parcels 1-6,9-20) $141.54
3087-771-(parcels 1-24) $141.54
3087-701-(parcels 1-20) $141.54
3087-721-(parcels 1-27) $141.54
L-4 Tract 13709 444-821-(parcels 1-18) $139.00
L-5 Tract 15288 3087-181-(parcels 5-69) $89.23
L-7 Tract 8476 3088-421-(parcels 1-34) $20.00
3088-431-(parcels 7-28) $20.00
3088-441-(parcels1-36) $20.00
3088-451-(parcels 4-27) $20.00
3088-461-(parcels 1-40) $20.00
3088-471-(parcels 4-26) $20.00
3088-481-(parcels 1-26,28-34) $20.00
3088-491-(parcels 7-13) $20.00
3088-501-(parcels 1-23) $20.00
L-8 14846 3807-181- (Parcels 2-34) $198.06
3807-191- (Parcels 8-48, 50-59) $198.06
3807-192- (Parcels 1-40) $198.06
3807-193- (Parcels 1-19) $198.06
L-9 9696 444-681-(Parcels 3-15) $78.00
444-691-(Parcels 1-13) $78.00
444-701-(Parcels 1-31) $78.00
L-10 16492 3087-271-(Parcels 5-73) $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 L-11 16395 444-782-(Parcels 1-34) $292.04
444-931-(Parcels 1-24) $292.04
L-12 16059 3087-731-(Parcels 1-14) $159.46
3087-741-(Parcels 1-9, 11-32, 34) $159.46
3087-021-(Parcels 9) $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 29 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
Exhibit D
Assessment Roll
Annexation L-23 to L.M.D. No. 1
Town of Apple Valley Parcel Map 17684, and L.L.A. 2007-002 Assessment Roll
Area In Maximum Annual
Square Assessment Levy
Parcel A.P.N. Site Address Property Owner Feet Amount Amount L.L.A. 2007-
002
Parcel "A" of
L.L.A.
APPLE VALLEY
2007-002 3112-251-60 Vacant Land COMMONS I LLC 219,143 $6,375.52 $1,751.42 Parcel "B" of
L.L.A.
APPLE VALLEY
2007-002 3112-251-61 Vacant Land COMMONS II LLC 306,647 $8,921.27 $2,450.76 Parcel "C" of
L.L.A.
2007-002 3112-251-62 15000 Dale Evans
Pkwy LOWES HIW INC 546,570 $15,901.35 $4,368.25
Parcel "D" of
L.L.A. 2007-
002 3112-251-63 Vacant Land
APPLE VALLEY
COMMONS II LLC
690,358 $20,084.57 $5,517.42
Parcel Map 17684,
P.M.B. 216/33-43
APPLE VALLEY
Parcel 1 3112-251-28 14900 Bass Hill Rd. COMMONS I LLC 68,221 $1,978.41 $540.31
APPLE VALLEY
Parcel 5 3112-251-32 20254 Highway 18 COMMONS I LLC 35,229 $1,021.64 $279.01
APPLE VALLEY
Parcel 6 3112-251-33 20280 Highway 18 COMMONS I LLC 52,115 $1,511.34 $412.75
APPLE VALLEY
Parcel 7 3112-251-34 20290 Highway 18 COMMONS I LLC 28,629 $830.24 $226.74
APPLE VALLEY
Parcel 8 3112-251-35 20302 Highway 18 COMMONS I LLC 29,706 $861.47 $235.27
APPLE VALLEY
Parcel 9 3112-251-36 20306 Highway 18 COMMONS I LLC 27,670 $802.43 $219.15
APPLE VALLEY
Parcel 10 3112-251-37 20296 Highway 18 COMMONS I LLC 50,745 $1,471.61 $401.90
APPLE VALLEY
Parcel 11 3112-251-38 20284 Highway 18 COMMONS I LLC 31,889 $924.78 $252.56
APPLE VALLEY
Parcel 12 3112-251-39 20258 Highway 18 COMMONS I LLC 50,042 $1,451.22 $396.33
APPLE VALLEY
Parcel 13 3112-251-40 20262 Highway 18 COMMONS I LLC 35,902 $1,041.16 $284.34
APPLE VALLEY
Parcel 14 3112-251-41 20266 Highway 18 COMMONS I LLC 25,232 $731.73 $199.84
APPLE VALLEY
Parcel 15 3112-251-42 20310 Highway 18 COMMONS I LLC 50,610 $1,467.69 $400.83
APPLE VALLEY
Parcel 16 3112-251-43 20418 Highway 18 COMMONS I LLC 34,511 $1,000.82 $273.33
APPLE VALLEY
Parcel 17 3112-251-44 20432 Highway 18 COMMONS I LLC 25,392 $736.37 $201.10
APPLE VALLEY
Parcel 18 3112-251-45 20442 Highway 18 COMMONS I LLC 61,748 $1,790.69 $489.04 Parcel 19
3112-251-46 14898 Dale Evans
Pkwy
APPLE VALLEY
COMMONS I LLC 77,130 $2,236.77 $610.87
Parcel 20 3112-251-47
14940 Dale Evans
Pkwy
APPLE VALLEY
COMMONS I LLC 50,423 $1,462.27 $399.35
Parcel 21 3112-251-48
14992 Dale Evans
Pkwy
APPLE VALLEY
COMMONS I LLC 49,105 $1,424.05 $388.91
Parcel 22 3112-251-49 20450 Highway 18
APPLE VALLEY
COMMONS I LLC 105,627 $3,063.18 $836.57
Parcel 23 3112-251-50 20426 Highway 18
APPLE VALLEY
COMMONS I LLC 79,493 $2,305.30 $629.58
Parcel 24 3112-251-51 20352 Highway 18
APPLE VALLEY
COMMONS I LLC 102,873 $2,983.32 $814.75
Parcel 25 3112-251-52 20346 Highway 18
APPLE VALLEY
COMMONS I LLC 114,218 $3,312.32 $904.61
Parcel 26 3112-251-53 20288 Highway 18 TARGET CORP 572,122 $16,591.54 $4,531.21 Parcel 27 3112-251-54 20276 Highway 18
APPLE VALLEY
COMMONS I LLC 57,046 $1,654.33 $451.80
Parcel 28 3112-251-55 20270 Highway 18
APPLE VALLEY
COMMONS I LLC 26,942 $781.32 $213.38
Misc. Parcels along Highway 18
Walgreens -
Parcel 1 of
P.M. 16195,
P.M.B. 200/21-
22 3112-171-20 20250 Highway 18
KETCHUM APPLE
VALLEY LLC 61,724 $1,795.73 $493.31
Starbucks 3112-251-05 14880 Dale Evans
Parkway
Starbucks 48,892 $1,422.41 $390.75
TOTAL ASSESSMENT $107,936.83 $29,565.45
L-1, Tract 13618
L-2, Tract 13426
L3, Tract 14090
L-4, Tract 13709
L-5, Tract 15288
L-7, Tract 8476
L-8, Tract 14846
L-9, Tract 9696
L-10, Tract 16492-1,2
L-10, Tract 16492-3,4
L-11, Tract 16395
L-12, Tract 16059
L-13, Tract 14994
L-15, Tract 18343
L-17, Tract 15286
L-19, Tract 16134
L-20, Tract 17093
L-23, PM 17684 and L.L.A. 2007-002
L-26, TM 17278
L-28, PM 15151, Parcel 3
RESOLUTION NO. 2022-31
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY CONFIRMING DIAGRAM AND
ASSESSMENT AND LEVYING ASSESSMENT FOR
FISCAL YEAR 2022-2023
ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AS FOLLOWS:
Section 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the Town Council directed the Town Engineer, Engineer of Work for Assessment District No. 1, to prepare and file an annual report for fiscal year 2022-2023.
Section 2. The Engineer of Work filed his annual report with the Town Clerk, and the Town Council adopted its resolution of intention to levy and collect assessments within the assessment district for fiscal year 2022-2023 and set a public hearing to be held on July 26, 2022, at the Council Chamber of the Town Council located at 14955 Dale Evans Parkway, Town of Apple Valley, California. Notice of the hearing was given in the time and manner required by law.
Section 3. At the public hearing, the Town Council afforded to every interested person an opportunity to make a protest to the annual report either in writing or orally, and the Town Council has considered each protest.
Section 4. The Town Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth therein for fiscal year 2022-2023.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 26th day of July 2022.
_________________________________
Kari Leon, Mayor
ATTEST:
____________________________
La Vonda M-Pearson, Town Clerk
Town Council Agenda Report
Date: July 26, 2022
To: Honorable Mayor and Town Council
Subject: RESOLUTION TO RENEW AND MODIFY BOUNDARY OF THE
APPLE VALLEY VILLAGE PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT (PBID)
From: Douglas Robertson, Town Manager
Submitted by: Kenneth Sousa, Public Relations Specialist Economic Development
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A: Open Public Hearing;
B: Receive Public Comment; and
C: Continue Public Hearing to August 9, 2022 Meeting.
SUMMARY:
The Village PBID was established for a five-year term by the Town Council in 2007 in an effort to revitalize the Village Business District. The Village PBID was then renewed for 5 years terms in both 2012 and 2017. During these terms, the Village PBID has funded or assisted in the funding of several notable projects, including; completion of the Highway 18 median landscape project, the repaving of John Glenn Road, drainage improvements to Outer Highway 18, enhanced public safety services, installation of streetlamp banners, kiosk business directory signs, a storefront and property rehabilitation rebate program, a periodic newsletter, and hosted events such as the Happy Trails Parade & Street Fair and the Summer Street Fair, public mixers and holiday themed contests for property owners and businesses.
Unless the Village PBID is renewed again, FY2021-22 is the final year of PBID property assessments with operations to end on December 31, 2022. Accordingly, the Village PBID Association (Association), comprised of Village property owners, has expressed its desire to renew the Village PBID for a ten-year term. As a result, a PBID Renewal Committee of Village property and business owners has been meeting since 2021 to
formulate the details of the PBID renewal. The Committee has determined that the Village PBID renewal will be for a 10-year term (10 years maximum is permitted by State Law for renewals) and that the boundaries will be reduced on the west side of Navajo north of Highway 18, portions of Pioneer north of Highway 18 and on the west side of Central north of Highway 18. Further, the boundaries will be expanded along the east side of Navajo Road north of Ottawa Rd and south of Highway 18. The proposed renewed PBID will include 297 parcels of which 291 will be assessed. 6 parcels are exempt from assessments either by land use or zoning. The Year 1 - FY2022-23 assessment budget revenue is projected to be $214,327 to continue to provide and manage supplemental services and improvements for this important business district.
PBID Renewal Process California Streets and Highways Code Section 36600 et seq allows for the formation and renewal of PBIDs. The steps to renew a PBID are identical to its initial establishment:
1. Gather support petitions signed by property owners who represent more than 50- percent of the proposed total assessment to be levied. This has been accomplished in the Village PBID renewal effort.
2. Council adopted a Resolution of Intention to renew the PBID at its May 24 meeting, authorizing the Town Clerk to:
3. Conduct a Proposition 218 ballot procedure by mailing a ballot to all property owners within the proposed renewed district. Ballots were mailed June 10 and Town has begun to receive completed ballots.
4. Conduct a public hearing.
5. In order for the PBID to be renewed, a weighted majority of the ballots returned (as determined by assessment dollars to be paid into the PBID) must be in favor of the renewal. The Town Council may then renew the Village PBID by adopting a Resolution of Renewal.
BACKGROUND:
PBIDs have been used successfully in over 200 commercial districts throughout the State to increase sales, attract new tenants, increase occupancies, and stabilize business and property values. Since 2007, the Apple Valley Village has experienced similar positive results.
The Village PBID assessments are collected by the County with the annual property tax billing. The County returns the PBID assessment funds to the Town, who then either spends them directly for specified PBID programs (i.e. Highway 18 Median Landscape Project; Highway 18 drainage improvements; John Glenn Road repaving) or remits them, as applicable, to the Village PBID Association to pay for and manage other PBID related programs and improvements (i.e. security, marketing/promotions, administration). An annual budget report and financial review are required of the Association.
FISCAL IMPACT:
Although there is no direct financial impact associated with the recommended action, there will be a financial impact in the form of assessments levied on thirteen (13) TownPage 78 of 84 owned properties within the Village PBID, totaling $12,346.23 for FY2022-23; this represents 5.76% of the total Village PBID assessment to be levied.
ATTACHMENTS:
A. Resolution to Renew and Modify the Boundaries of the PBID
RESOLUTION NO. 2022-32
A RESOLUTION OF THE TOWN OF APPLE VALLEY TO
RENEW AND MODIFY THE BOUNDARIES OF THE APPLE
VALLEY VILLAGE PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT FOR A TEN (10) YEAR TERM
AND TO LEVY AND COLLECT ASSESSMENTS WITHIN
SUCH DISTRICT PURSUANT TO THE PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT LAW OF 1994,
PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS
AND HIGHWAYS CODE
WHEREAS, pursuant to the Property and Business Improvement District Law of 1994, California Streets and Highways Code Sections 36600 et seq (the “Act”), the Town Council adopted Resolution No. 2022-16, dated May 24, 2022, entitled “A Resolution of the Town Council of the Town of Apple Valley Stating its Intention to Renew and Modify the Boundaries of the Apple Valley Village Property and Business Improvement District and to Levy and Collect Assessments Within Such District Pursuant to the Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code and Appointing a Time and Place for Hearing Objections Thereto.” Such resolution, among other things, adopted the Management District Plan on file in the office of the Town Clerk; and
WHEREAS, the Town caused notice of a public hearing concerning the proposed renewal of the Apple Valley Village Property and Business Improvement District and the proposed levy of assessments within such District to be duly mailed, as required by law, to the record owner of each parcel proposed to be assessed within the renewed District; and WHEREAS, a public hearing concerning the proposed renewal and boundary modification of the District for a ten (10) year period and the proposed levy of assessments within such District was held on July 26, 2022 at the hour of 6:30 pm in the Town Council Chambers at 14995 Dale Evans Parkway, Apple Valley, California 92307; and WHEREAS, the public hearing was opened and continued to August 9, 2022 at the hour of 6:30 pm in the Town Council Chambers at 14995 Dale Evans Parkway, Apple Valley, California 92307, at which time the public hearing was closed; and WHEREAS, at the public hearing, staff presented to the Town Council the Management District Plan which is now on file in the office of the Town Clerk; and WHEREAS, at the public hearing, the testimony of all interested persons for or against the renewal of the District, the levy of assessments within such District, and the type or types of improvements and activities to be funded with the revenues from the assessments was heard and considered, and a full, fair and complete hearing was held; and
WHEREAS, the Town Council heard and considered all objections or protests to
the proposed assessments and tabulated the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments. The Town Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIIID of the California Constitution and Section 53753 of the California Government Code. All objections or protests, both written and oral, are hereby duly overruled; and WHEREAS, the public interest, convenience and necessity require the proposed renewal and boundary modification of the Apple Valley Village Property and Business Improvement District; and
WHEREAS, in the opinion of the Town Council, the property within the Apple Valley Village Property and Business Improvement District will be specially benefited by the improvements and activities to be funded by the assessments, and no assessment has been imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel; now therefore let it be.
NOW THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY DECLARES AS FOLLOWS:
Section 1. Renewal of District. Pursuant to the Act, the Apple Valley Village Property and Business Improvement District (the “Village PBID”) is hereby renewed for a ten (10) year term and the Management District Plan is hereby approved.
Section 2. Description of District. The boundaries of the proposed renewed and modified District generally include all parcels fronting along Highway 18 between just west of Navajo to just east of Central and surrounding commercial properties generally between Highway 18 on the north and Ottawa on the south.
Section 3. Amount of Assessment.
(a) Except where funds are otherwise available, an assessment will be levied annually to pay for all the improvements and activities to be provided within the Village PBID, commencing with property tax year 2022-23 and ending with property tax year 2031-
32. For purposes of levying and collecting assessments within the Village PBID, a property tax year shall commence on each July 1st and end on the following June 30th. (b) The total amount of the proposed assessment to be levied and collected for fiscal year 2022-23 is projected to be $214,327 based on the assessment rates described in the Management District Plan, which assessment rates shall continue for each of the following nine fiscal years. Assessment rates may be increased each year upon approval of the Property Owner’s Association Board of Directors but not to exceed 6% from the previous year’s assessment rates. Parcel assessments may also increase where new building construction occurs on parcels within the District which exceeds the current building area.
(c) The method and basis of levying the assessment is set forth in the Management District Plan on file in the office of the Town Clerk.
Section 4. Fund. There is created a special fund designated as the “Apple Valley Village PBID Fund” into which all revenue derived from assessments levied pursuant to this Resolution shall be placed, and such funds shall be used only for the purposes specified in this Resolution. This fund shall be subject to an annual independent audit of financial statements.
Section 5. Use of Revenues. District revenues shall be used to continue to provide and manage supplemental services and improvements within the Village area, including supplemental security services, marketing and promotions, additional streetscape beautification and image enhancements, other business related special projects and programs and District management and operations. The above improvements and activities will be funded by the levy of the assessments. The revenue from the levy of the assessments within the Village PBID shall not be used to provide improvements or activities outside the Village PBID or for any purpose other than the purposes specified in Resolution No. 2022-16 of the Town Council.
Section 6. Contract Services. The Town shall contract, as applicable, with the Apple Valley Village Property and Business Improvement District Association (“Association”), a non-profit entity comprised of property and business owners within the Village PBID to administer, where applicable, activities described in Section 5 above. The Association shall, as applicable, hold funds in trust for purposes related to the contract and may be required to, at no expense to the Town, provide an annual independent report of audited financial statements by a certified public accountant of these funds. The report may be funded from assessment proceeds as part of the general administration of the Village PBID. At all times the Town shall reserve full rights of accounting of this fund. Furthermore, the Association shall be responsible, at minimum, with advising the Town on the prioritization and implementation of PBID funded activities and improvements.
Section 7. Amendments. Properties within the Village PBID renewed by this Resolution shall be subject to any amendments to the Act.
Section 8. Recordation of Notice and Diagram. The Town Clerk or a designee is hereby authorized and directed to record a notice and an assessment diagram pursuant to Section 36627 of the California Streets and Highways Code following adoption of this Resolution.
Section 9. Levy of Assessment. The adoption of this Resolution and recordation of the notice and assessment diagram pursuant to Section 36627 of the California Streets and Highways Code constitutes the levy of an assessment in each of the fiscal years referred to in the Management District Plan. Each year, the County Auditor of the County of San Bernardino shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessment shall then be collected at the same time and in the same manner as the County taxes are collected.
Section 10. Baseline Services. To ensure that assessment revenues from the Village PBID are used to enhance the current level of services provided by the Town within the Village PBID, the Town Council hereby adopts the baseline levels of service as currently provided throughout the Village PBID; provided, however, that in the event of a
significant downturn in Town revenues, the Town Council may reduce the level of Town public services, including within the Village PBID.
Section 10. Bonds. No bonds shall be issued in conjunction with the renewal of the District.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 9 th day of August, 2022
______________________
Mayor, Kari Leon
ATTEST:
____________________________
Town Clerk, La Vonda M-Pearson
Town Council Agenda Report
Date: July 26, 2022
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION
From: Douglas Robertson, Town Manager
Submitted by: Douglas Robertson, Town Manager
Town Manager
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Town Manager
B. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor or designee
Unrepresented employee: Town Manager