Council - Regular Meeting - March 08, 2022
1. Call to Order
2. Opening Ceremonies
2.1 Invocation
Pastor Isreal Riley - Christ the Solid Rock LEC
2.2 Pledge of Allegiance
2.3 Presentations
2.3.1 Certificate of Appointment - Pat Orr - Historical Advisory Commission
3. Public Comments
4. Councilmember Committee/Commission/Community Participation
1. Boards 2022-2023.pdf
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 - March 22, 2022 - Council Chambers Regular Session at 6:30 p.m.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1-6.8 as recommended.
6.1 APPROVAL OF MINUTES
1. Minute Report March 8, 2022.pdf
2. Post-Meeting Minutes - CC-RM_Feb22_2022 - English modified.pdf That the Town Council approve the subject minutes as part of the consent agenda.
6.2 FEBRUARY 2022 COMMERCIAL WARRANTS AND WIRE TRANSFER SCHEDULES
1. February Commercial Warrants.pdf
2. Copy of Commercial Warrants 02-2022.pdf
3. Copy of Wire Transfers Schedule 02-2022.pdf
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 FEBRUARY 2022 PAYROLL/BENEFITS WARRANTS SCHEDULE
1. February Payroll Warrants.pdf
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
6.4 APPROVE THE UPDATED FINAL DRAFT OF THE HISTORICAL POINTS OF INTEREST BROCHURE
1. Approve the updated final draft of the Historical Points of Interest Brochure.pdf
2. 2022 Hisotrical Points of Interest Brochure.pdf
It is the request of the Historical Advisory Committee that the Town Council review and approve the updated “Historical Points of Interest” brochure. The brochure now includes the most recently approved landmark locaitons, the Victor Valley Animal Protective League. The tidbits section of the brochure has also been updated from its last entry date of March 5, 1970. The new tidbits include the erection of Town Facilities, the filming of Beyonce’s “Spirit” for the “Lion King” at Horsemen’s Center, American Idol winner, Chayce Beckman and Bronze Medal Winner, Megan Jastrab just to name a few.
6.5 SOLUTION STRATEGIES CONTRACT EXTENSION FOR COMPLETION OF MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP)
1. Solution Stratergies.pdf
2. Solution Strategies extension 2022.pdf
Approve Contract Extension of Solution Strategies International, in the amount of $120,000, for 2022, for the completion and publishing of the public draft of the Multi-Species Habitat Conservation Plan (MSHCP)/Natural Communities Conservation Plan (NCCP) or “Plan” and the accompanying environmental study document(s).
6.6 SECOND READING OF ORDINANCE NO. 550
1. Second Reading - Ordinance No. 550.pdf
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY ADDING A NEW CHAPTER 12.37 TO TITLE 12 OF THE APPLE VALLEY MUNICIPAL CODE AND AMENDING SECTION 12.38.020 OF CHAPTER 12.38 OF TITLE 12 OF THE APPLE VALLEY MUNICIPAL CODE TO CODIFY AND CONSOLIDATE VEHICLE PARKING RESTRICTIONS ESTABLISHED VIA TOWN COUNCIL RESOLUTIONS Adopt Ordinance No. 550.
6.7 SECOND READING OF ORDINANCE NO. 551
1. Second Reading - Ordinance No. 551.pdf
AN THE TOWN OF APPLE VALLEY, CALIFORNIA, AMENDING CHAPTER 6.20 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE RELATING TO SOLID WASTE, RECYCLABLES, AND ORGANIC WASTE, AND AMENDING CHAPTER 8.19 RELATING TO REQUIREMENT TO RECYCLE CONSTRUCTION AND DEMOLITION DEBRIS FOR CERTAIN CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE TOWN OF APPLE VALLEY Adopt Ordinance No. 551.
6.8 AWARD TOWN WIDE SCHOOL ZONE TRAFFIC CONTROL UPDATE PROJECT
1. Award Town Wide School Zone Traffic Control Update project.pdf
2. Exhibit A-Vicinity Map.pdf
3. Section 400-Contract for Construction.pdf
Award a contract to Superior Pavement Markings, Inc. for the Town Wide School Zone Traffic Control Update Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;
7. Public Hearings
7.1 2022-2027 5-YEAR CONSOLIDATED PLAN & ASSESSMENT OF FAIR HOUSING (FIRST PUBLIC HEARING)
1. 2022-2027 ConPlan and AFH Public Comment .pdf
It is recommended that the Town of Apple Valley (“Town”) Council conduct a public hearing in accordance with the Town’s Citizen Participation Plan, to gather feedback on the Town’s upcoming five-year Consolidated Plan and inform the community of the investment of the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds from 2022-2027 and the Town’s Assessment of Fair Housing (AFH).
7.2 SUBSTANTIAL AMENDMENT TO THE 2018-2019, 2019-2020, 2020-2021 AND 2022 ACTION PLANS
1. Substantial Amendment.pdf
2. CDBG Sub Amendment 03-08-2022 Final.pdf
It is recommended that the Town Council:
Conduct a public hearing and upon accepting public testimony; Approve a Substantial Amendment to the Community Development Block Grant (“CDBG”) 2018-2019, 2019-2020, 2020-2021 and 2021-2022 Annual Action Plans (“Action Plans”) by repurposing $663,592 to existing and newly proposed CDBG eligible activities; and Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plans, and any additional amendments, to assure the Town’s timely expenditure of CDBG funds
7.3 A COMPREHENSIVE UPDATE OF THE HOUSING ELEMENT OF THE GENERAL PLAN TO IMPLEMENT THE 6TH CYCLE PLANNING PERIOD FROM 2022 TO 2029
1. Housing Element Update.pdf
2. RESOLUTION NO.pdf
3. HCD letter.pdf
4. AV HE and AFFH Proposed Amendments 1.11.22.pdf
5. AV HE IS DRAFT.pdf
Move to open the public hearing and take testimony. Close the public hearing. Then:
Find that pursuant to the California Environmental Quality Act (CEQA), adopt the Initial Study and Negative Declaration.
Move to adopt Resolution No. 2022-07 approving GPA 2021-002 (Housing Element Update) C. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.
7.4 DEVELOPMENT CODE AMENDMENT MODIFYING SECTION 9.71.040(A)(8)(C) OF THE DEVELOPMENT CODE PERTAINING TO EXTENSIONS OF TIME FOR TENTATIVE MAPS, AND SECTIONS 9.17.100(A) AND 9.17.110(A) PERTAINING TO APPROVALS AND EXTENSIONS FOR DEVELOPMENT PERMITS
1. Text Amendment pertaining to Subdivision Extensions of Time.pdf Move to open the public hearing and take testimony. Close the public hearing. Then:
Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Specific Plan Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.
Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2022-001 adopted February 2, 2022, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings.
Move to waive the reading of Ordinance No. 552 in its entirety and read by title only.
Introduce Ordinance No. 552 approving Development Code Amendment No. 2022-001; and E. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.
Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.
7.5 GPA 2022-002 & ZC 2022-001 FROM OFFICE PROFESSIONAL (O-P) TO MULTI-FAMILY RESIDENTIAL (R-M) LOCATED IMMEDIATELY NORTH OF QUANTICO ROAD ALONG BOTH SIDES OF APPLE VALLEY ROAD (APNS: 0473-152-11, 12, 15, 16 & 17 AND 0473-153-11, 12,13 & 14); GPA 2022-003 & Z
1. Various GPAs and ZCs .pdf
2. Four Aerial Map resized.pdf
3. Reso 2022-002.pdf
Move to open the public hearing and take testimony. Close the public hearing. Then:
Determine
that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Specific Plan Amendment, may have a significant effect on the environment, the activity is not subject to F
ind
the facts presented within the staff report, including the attached Planning Commission Resolution No. 2022-002 adopted February 2, 2022, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings.
Move
to adopt Resolution No. 2022-08 amending the General Plan Land Use Map approving GPA 2022-002; GPA 2022-003; GPA 2022-004; & GPA 2022-005 Move
to waive the reading of Ordinance No. 553 in its entirety and read by title only.
Introduce
Ordinance No. 553 approving ZC 2022-001; ZC 2022-002; ZC 2022-003; & ZC 2022-004; and Direct
staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.
7.6 FISCAL YEAR 2021-2022 MID-YEAR BUDGET REVIEW
1. Mid-Year Budget Review.pdf
2. Attachment A Budget Adjustment.pdf
3. Exhibit B.pdf
That the Town Council receive and file the Fiscal Year 2021-2022 Mid-Year Budget Review Approve Budget Amendment Number 2022-10 incorporating revenue and expenditure changes and carry forwards as proposed herein.
7.7 THIRD PUBLIC HEARING FOR REDISTRICTING
1. Third Redistricting Agenda Report.pdf
2. Apple Valley District Map.pdf
3. Orange.pdf
4. Tan.pdf
5. Green.pdf
A. Receive a report from staff and the Town’s redistricting consultant on the redistricting process and the draft maps; and B. Receive input from the public on the draft maps; and C. Provide direction to the Town’s redistricting consultant relating to the drawing of new district maps.
8. Business of the Council
8.1 Introduce Ordinance No. 552, An Ordinance Establishing Campaign Contribution Limits in the Town of Apple Valley
1. Introduce Ordinance No. 552, An Ordinance Establishing Campaign Contribution Limits in the Town of Apple Valley.pdf
2. Ordinance.pdf
3. AB_571_Fact_Sheet_Final.03.pdf
A. Move to waive reading of Ordinance No. 554 and read by title only.
B. Introduce Ordinance No. 554
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
1. Closed Session March 8, 2022.pdf
Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.
Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one or more potential cases.
Conference with Real Property Negotiators – Pursuant to Government Code. Section 54956.8. Property: Apple Valley Ranchos Water Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); Authority Negotiator: Town Manager; Negotiating Parties: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation: Price and Terms of Payment.
Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.
12. Adjournment
Recommended Motion:
To adjourn the meeting of the Apple Valley Town Council at TIME.