Cities Index.
Agenda packet

Apple Valley City Council
April 11, 2023

Document
Agenda packet
Meeting
April 11, 2023
Body
Apple Valley City Council
Pages
180
Original file
18.3 MB
Text extracted from the city's file for reading and search. Open the original on pub-applevalley.escribemeetings.com. That file is the official record.

RECOMMENDATIONS AND DIRECTION REQUESTED:

Additional Staffing
AVAS currently has one shelter coordinator, which has served well for our animal population in the past, working in coordination with other shelter staff. With the dramatic increase in intakes and a desire to reverse the rising euthanasia rate, staff are seeking direction to create, budget and recruit two (2) additional positions for this part of the operation. As a result of AVAS staff input and discussions with shelter staff from other agencies, one of these positions would be roughly equal to the existing Rescue Coordinator position. This person would similarly work with rescues as well as market adoptable animals but would have specific expertise as an Animal Behaviorist.

Animal Behaviorists help determine adoptability, identify traits or patterns of behavior that could be problematic in certain households, and work with animals to socialize with them for a better chance at successful rehoming.

The second additional position would be focused on media production, social media and marketing. This team of three individuals would be charged with the marketing of animals for adoption and coordination with rescue partners. This team would work collectively on showing animals available on our website, through social media, networking with rescue partners, and soliciting new rescue partners.

San Bernardino County Partnership
Staff is seeking direction to continue negotiations with San Bernardino County to ultimately return with a long term contract. In order to allow for a complete discussion and negotiation regarding the cost sharing of additional staff and programs, as well as a proportionate share of capital facilities, a short term contract would be appropriate to bridge the gap between the expiring contract and a negotiated long term contract extension.

On Site Veterinarian
AVAS currently has a supervising veterinarian who consults with staff on a regular basis. Staff are seeking direction to recruit an on-site veterinarian at least on a part-time basis. The staff is in discussions with our current supervising vet, who may be interested in filling this position on a part-time basis at this time. Ultimately, this would be a pilot program of sorts as we determine the best integration of an on-site vet. This may grow to a full-time staff position, however, in discussions with other facilities who have a full-time veterinarian budgeted it has been difficult to recruit and retain personnel. Apple Valley’s current facilities do not include a medical wing.

Starting as a part-time operation would give staff time to research and build out the unfinished portion of the building intended to house such an operation. County staff have indicated their support for such an expansion, including a proportionate share of the cost should the Town extend the contract for sheltering services. Such an agreement would ultimately have to go to both the Board of Supervisors and come back to the Town Council for approval.

Spay/Neuter Program for Cats
Based on previous public discussion and input, current policies only allow for spay or neuter and return under specific limited circumstances. This has led to a very high euthanasia rate for cats, especially for non-socialized cats. In discussions with LA County staff running the combined city/county shelter in Palmdale, staff studied this issue and learned this practice increases stray or feral cat populations when compared to altering cats and rereleasing them. AVAS staff did not independently study the issue in the interest of time, however per that discussion cats tend to repopulate areas quickly. Spay or neuter and release programs resulted in an overall reduction in

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stray and feral cats in an area. We are aware of potential legal issues based on the legal actions taken against other cities’ release programs. Staff are seeking direction to study and implement new procedures that expand spay/neuter and release programs to reduce instances of euthanasia, but in a manner that is legally sound and protects the Town from risk to the extent possible. This issue may or may not need to come back to Council for policy direction, depending on the degree of change to existing practice and policy.

Managed Intake
The shelters studied owe some part of their success to managed intake. Some require absolute proof of residency before taking in an animal from a member of the public. Others are less stringent but still have some measure of managed intake. In theory, an animal has a better chance of being returned to its owner if it is sheltered nearby. It is unknown how many animals in AVAS, or any other facility, originated from outside the area. Due to the county contract, AVAS also takes in animals from the unincorporated areas of the county which can be many miles away. It is unknown if a change in practice or policy would have a meaningful reduction in intakes as some animals would likely still be brought to AVAS from residents who reside in the county unincorporated area. Staff are seeking directions to continue to study this matter at this time. This issue may or may not need to come back to Council for policy direction, depending on the degree of change to existing practice and policy, if any.

Software
Some rescuers, networkers, and activists have called for the use of different shelter software.

AVAS currently uses Shelter Pro and is in the process of upgrading to an online version versus in house. Staff are evaluating this software and its features, versus Chameleon which has been suggested by others. Staff will continue this evaluation and bring back a recommendation to the Council, if necessary.

Other
As part of our tour of shelters, which is ongoing, staff have noted additional potential resources and practices that warrant further study. These are not documented as part of this report as they are more operational in nature and changes can be made without a change in policy direction at the Town Council level.

Staff have no desire to euthanize animals and will continue to strive to reduce those numbers.

Staff believes the changes requested will have a material impact on euthanasia rates as well as improve the health and well-being of animals in our care. However, true impacts will not be known until full implementation and further data collection and study. Staff look forward to bringing the appropriate actions back to the Council for adoption as appropriate and reporting progress once implementation is complete and these actions can be studied.

ATTACHMENTS:

N/A

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April 6, 2023
Honorable Scott Nassif, Mayor
Apple Valley Town Council
14955 Dale Evans Parkway
Apple Valley, CA 92307
RE: San Bernardino County Animal Shelter Services Agreement Dear Mayor Nassif and Council Members,
It is my pleasure to acknowledge the positive and effective working relationship San Bernardino County and the Town of Apple Valley have mutually established to serve the residents and pets in the High Desert region of the County. The Town of Apple Valley has provided animal shelter services to residents in the County’s unincorporated areas of the High Desert region since January 1, 2013. The existing arrangement has provided several benefits to our organizations, residents and animals served. The following are a few notable highlights for your consideration:
• Offering one regional facility provides a single location for Town and County residents to locate a lost pet, adopt a homeless pet, or financially support a regional facility. This arrangement reduces the number of locations a pet owner must look for their lost animal companion.
• An economy of scale is created by partnering with a local shelter facility instead of the County building a separate facility and competing with other shelters. The Town has made a significant investment in constructing the current animal shelter facility. It is mutually beneficial for residents and tax-payers to support one facility instead of multiple locations that will increase costs.
• Community support can be expanded by partnering with a larger organization and the County welcomes the opportunity to support the efforts of our regional shelter partners. • Currently, San Bernardino County contracts with six animal shelter facilities located throughout the County, including the Town of Apple Valley. It has been proven that by partnering with regional facilities, instead of competing, we are able to achieve greater benefits for both the residents and pets served.
• The Town and County have mutually sponsored vaccination, microchip and pet adoption events in the region. We believe these efforts can be expanded to increase pet redemptions and adoptions.

The County has limited options available to provide similar services in the High Desert region of the County. The other animal shelters in this region are at capacity and do not have the resources available to meet our residents’ needs or the needs of the animals served.

Public Health
Animal Care Administration
Joshua Dugas, MBA, REHS
Director
Jennifer Osorio, REHS
Assistant Director
Janki Patel, MPH
Assistant Director
Michael A. Sequeira, M.D.

Health Officer
Glenn Jacklin
Chief of Animal Care
351 North Mountain View Avenue, San Bernardino, CA 92415-0003 | Phone: 800.472.5609 Fax: 909.387.0125

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Animal Shelter Agreement
April 6, 2023
PAGE 2 of 2
We welcome the opportunity to explore options to provide enhanced services in partnership with the Town and look forward to negotiating the renewal of our agreement.

Respectfully,
Glenn Jacklin
Chief of Animal Care
cc: Josh Dugas, Director, Public Health
Leonard X. Hernandez, Chief Executive Officer
Luther Snoke, Chief Operating Officer
Chad Nottingham, Deputy Executive Officer

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Town Council Agenda Report
Date: April 11, 2023
To: Honorable Mayor and Town Council
Subject: TRACT MAP NO. 17247 REQUEST TO ALLOW OVERHEAD POWER LINES
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
It is recommended that the Town Council provide direction to staff regarding the request to allow overhead utility lines to serve Tract Map No.17247.

BACKGROUND
Tract Map No. 17247 was formally accepted by the Town on December 11, 2007. The subdivision is located along Ocotilla Road between Standing Rock Road and Ramona Road (see Attachments A and B). Improvements constructed at the time included a majority of on-site water, sewer and storm drain as well as internal roadway paving. Due to the economic recession that occurred during this period, construction stopped, and none of the 128 homes were built.

In 2022, Tract Map No. 17247 was purchased by LGI Homes Corporate, LLC (LGI). As part of the transfer of ownership, the new developer has provided new agreements and securities for the remaining improvements that have yet to be completed. This includes completion of on-site utilities as well as final street paving and final grading of the individual lots.

LGI also contacted Southern California Edison Company (SCE) to coordinate providing electrical service to the subdivision. At the time of the Tract approval, the previous owner was provided a will-serve letter from SCE indicating that electrical power was available to supply the subdivision. However, according to the new owner, the will-serve letter did not specify if new off-site facilities would be necessary to serve the project.

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Upon contacting SCE, the new owner was informed that there was insufficient capacity in the area to serve the subdivision, and that new electric facilities would be required.

These new facilities include the installation of a new distribution line beginning at the intersection of Navajo and Elkalo Roads and extending easterly along Elkalo/Standing Rock Road to the main roadway entry to the subdivision (see Attachment C).

There are existing power poles along this alignment that this new distribution line can be installed on with the exception of a 1,300 foot gap between Central Road and the westerly tract boundary (see Attachment D). On March 7, 2023, the Town received a request from LGI to waive the required installation of underground electric lines along this 1,300 foot gap and allow the installation of overhead power lines instead in order to serve their project (see Attachment E).

ANALYSIS
The Town’s Municipal Code, Chapter 14.28, Section 14.28.020, states “Except as provided in Section 14.28.040, underground installation is required for all electrical lines energized at 34,500 volts or less, telephone, cable, antenna television and similar service wires or cables which:
(a) Provide direct service to the property being developed.

There are two exceptions listed in Section 14.28.040 both of which involve existing power poles and overhead lines, therefore the exceptions in Section would not apply to LGI’s request.

However, Section 14.38.060 Emergency or Unusual Circumstances, second sentence states “The Council may grant special permission, on such terms as the Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated structures.”
Since 2019 there has been six separate requests to the Town for exemptions to the undergrounding of electrical facilities. Five of the six requests involved commercial developments that requested the exemption of the relocation of existing power poles fronting their development. The sixth request was from Cal Portland to allow the installation of overhead utility lines to service the Scheerer Quarry.

FISCAL IMPACT
There is no fiscal impact to the Town associated with this item as all costs will be borne by the developer.

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ATTACHMENTS
A. Location Map
B. Tract Map No. 17247
C. New SCE Distribution Route
D. Map of Power Pole Gap
E. March 7, 2023 LGI Letter

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Attachment A
Location Map

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Attachment B

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Attachment
C
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Attachment D
"#$ "%&' (
Will the City allow
new poles to be
installed here?

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Attachment E
HOMES
March 7, 2023
Mr. Mike Podegracz
Town Engineer
Town of Apple Valley
Engineering Department
14955 Dale Evans Parkway
Apple Valley, CA 92307
Re: Variance Request Relative to Town Municipal Code §14.28.020 Dear Mike,
LGI Homes respectfully asks for a variance to Town Municipal Code §14.28.020 which requires the underground installation for all electrical lines providing service to a property being developed.

By way of quick background SCE is claiming that this po1iion of town is dangerously short on service capacity. Despite being issued a will serve letter by SCE, they are now claiming there is a serious capacity issue that is going to require comprehensive planning (a new substation) that could take years to implement. We believe reliable service to existing and future property owners is not unreasonable and SCE has proposed a near-term fix that helps multiple property owners.

We believe special circumstances have arisen in the case of our property and a variance to Municipal Code§14.28.020 is justifiable on the following grounds:

1. This circumstance will present a hardship and practical difficulty that would result from the strict interpretation and enforcement of this Code. LGI's estimated cost to implement the service upgrade using the overhead option is estimated to be $917,000 - an unexpected project cost of $7,164/lot. With the installation of poles we believe the work could be completed by Fall 2023. Alternatively, the additional cost of trenching, conduit, substructure installation and backfilling required to underground the segment in question would add an additional $151,000 ($1,180/lot) to the project. Besides additional cost this would add a few months to the design and construction schedule and potentially require construction easements on adjacent prope1iies.
495 E. Rincon St.,• Suite IOI • Corona, CA 92876 Page 178 of 180

2. Alternatives were discussed but the project impacts from waiting a few years for regional upgrades and/or undergrounding the facilities are unreasonable. After several meetings with them they have concluded that adding a new line along the existing pole aligrnnent on the north side ofElkalo/Standing Rock Road from Navajo Road to Ocotilla Road to service this area could be implemented by Fall of 2023. A plan for a substation and other transmission upgrades is planned for this area, but we have been told that this is at least 2- 3 years out. We simply cannot wait that long.

3. We believe there are special circumstances here that warrant consideration. There is a 1,300 linear foot segment on Standing Rock that has a gap where there are no power poles and SCE wants to install a few new poles and to "b1idge the gap". First, believe the most appropriate time to require this undergrounding is when the prope1iies this line fronts are developed. Also, because this service line is regional and is, again, not fronting our project, and will be installed by SCE, we (LGI and SCE) would prefer that the work be consider a regional infrastructure improvement rather than a project service connection and remain overhead.

4. The poles fronting the APNs along Standing Rock between Central Road and the Welte property (APN 0437-062-38-0000) would remain in place until such time as those lot assemblages get developed. At that time the developer would be required to place any lines that front his property underground in accordance with Town Code. Therefore, we consider this condition to be, in effect, temporary, and the addition of new poles would not be an unusual physical structure in the area. (See the attached exhibit titled Location of New Proposed Poles.)

5. We do not believe a special privilege would be granted on the grounds that this improvement is not on our property and will benefit other existing and future prope1iy owners. LGI believes reliable service to existing prope1iy owners along Standing Rock Road is not unreasonable, and this solution will help multiple property owners.

SCE has left us and other property owners in a difficult spot, and we are attempting to solve a service problem in the fastest and most cost-effective manner possible. We appreciate your consideration of this unique but important request and if you have any questions, please let me know.

Adrian PW
Vice President
Acquisitions and Development
cc: Brett Morgan, Town of Apple Valley
Daniel Merk, Utility Specialists
2

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Town Council Agenda Report
Date: April 11, 2023
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION

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

RECOMMENDED ACTION
A. NEGOTIATIONS WITH REAL PROPERTY NEGOTIATOR – Parcel
Numbers: 0472-342-14 and 0472-342-15, vacant parcels located north-west of the intersection of Waalew Road and Dale Evans Parkway, Apple Valley CA; Negotiating Parties: Moon Yun; Town Negotiator(s) -Town Manager, Town Engineer, or Designee; Under negotiation: price and terms of payment.

B. NEGOTIATIONS WITH REAL PROPERTY NEGOTIATOR – Parcel
Numbers: 0440-085-03, 0440-085-06, 0440-096-17 and 0440-096-18, vacant parcels located at the intersection of Otoe Road and Dale Evans Parkway, Apple Valley CA; Negotiating Parties: Thanh Lai; Town Negotiator(s) -Town Manager and/or Designee. Under negotiation: Offer of exchange, price and/or terms of payment.

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