Council - Regular Meeting - January 24, 2023
1. Call to Order
2. Opening Ceremonies
2.1 Invocation
Pastor Fergeson - Calvary Chapel Apple Valley.
2.2 Pledge of Allegiance
2.3 Presentations
3. Public Comments
4. Councilmember Committee/Commission/Community Participation
1. Boards 2023-2024.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 - February 14, 2023 - Council Chambers Regular Session at 6:30p.m.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1-6.10 as recommended.
6.1 APPROVAL OF MINUTES
1. Minutes for January 24, 2023.pdf
2. Post-Meeting Minutes - CC-RM_Jan10_2023 - English.pdf That the Town Council approve the subject minutes as part of the consent agenda.
6.2 DECEMBER 2022 COMMERCIAL WARRANTS AND WIRE TRANSFER SCHEDULES
1. December 2022 Commercial Warrants.pdf
2. Copy of Commercial Warrants 12-2022.pdf
3. Copy of Wire Transfers Schedule 12-2022.pdf
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 DECEMBER 2022 PAYROLL/BENEFITS WARRANTS SCHEDULE
1. December 2022 Payroll Warrants.pdf
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
6.4 ACCEPTANCE OF WORK FOR THE MUNI ROAD DRIVEWAY AND BOX CULVERT PROJECT
1. Acceptance of Work for the Muni Road Driveway and Box Culvert Project.pdf
2. Muni Road NOC.pdf
Accept the work completed by Jergensen Construction, Inc. as part of the Muni Road Driveway and Box Culvert Project for a total contract cost of $254,263.
Direct the Town Clerk to file the Notice of Completion for the contracted work.
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 AWARD A PROFESSIONAL SERVICES AGREEMENT TO DAVID EVANS & ASSOCIATES FOR THE CENTRAL ROAD WIDENING PROJECT
1. Award the Central Road Widening Project.pdf
2. DEA Professional Services Agreement.pdf
It is recommended that the Town Council award a Professional Services Agreement to David Evans & Associates for the Central Road Widening project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
6.6 POSESSION AND USE AGREEMENT - VICTOR VALLEY COMMUNITY COLLEGE DISTRICT – BEAR VALLEY ROAD BRIDGE PROJECT
1. Posession and Use Agreement – Victor Valley Community College District – Bear Valley Road Bridge project.pdf
2. Attachment A - Posession and Use Agreement VVC - Town of AV.pdf That Town Council approves the Posession and Use Agreement (PUA) between the Town and the Victor Valley Community College District and authorizes the Town Engineer to execute the PUA.
6.7 CONSENT TO ADVERTISE ROADWAY REPAIR 2023-01 PROJECT
1. Consent to Advertise Roadway Repair 2023-01 .pdf
That the Town Council review and approve the bid documents for the Roadway Repair 2023-01 Project.
That the Town Council authorize staff to solicit bids for construction of said project.
6.8 ADDENDUM TO AVUSD JOINT USE AGREEMENT FOR THE AFTER SCHOOL ACTIVITIES PROGRAM
1. ASAP Expansion Approval.pdf
2. AVUSD JUA Addendum.pdf
Approve ammendment to the Apple Valley Unified School District Joint Use Agremeent, and authorize the Town Manager or designee to excute appropriate agreements and documents.
6.9 ACCEPT GRANT AWARD FROM THE 2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
1. Accept Grant Award from the 2022 Edward Byrne Memorial Justice Assistance Grant Program .pdf
2. 2022 Subrecipient Agreement.pdf
3. 2022 Interlocal Agreement.pdf
Accept grant award from the 2022 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $24,113 and authorize the Town Manager to execute award Agreements.
6.10 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN FOR THE TOWN OF APPLE VALLEY
1. Classification and Salary Plan Amendments 01.24.23.pdf
2. A_Resolution.pdf
3. B_ Code Enforcement Supervisor.pdf
4. C_Environmental Programs Coordinator.pdf
5. D_Fiscal Services Supervisor.pdf
6. E_Housing and Community Development Technician.pdf
7. F_Senior Recreation Supervisor.pdf
8. G_ Executive Assistant.pdf
9. H_Class and Salary Table effective 012423.pdf
Approve Resolution No. 2023-03, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan.
7. Public Hearings
7.1 A DEVELOPMENT CODE AMENDMENT TO LIST SHORT TERM REANTAL AS REQUIRING A SPECIAL USE PERMIT IN SECTION 9.28.030, TABLE 9.28.030-A IN ALL RESIDENTIAL ZONES,
1. Short Term Rentals TC.pdf
2. Apple Valley - PC Reso 2022-004 Re short term rentals-c1.pdf
3. Ordinance TC.pdf
AMEND SECTION 9.16.130 TO AMEND THE PROCEDURES FOR MODIFICATION AND REVOCATION HEARINGS FOR CONDITIONAL AND SPECIAL USE PERMITS, AND AMEND SECTION 8.34.030 OF THE MUNICIPAL CODE, AND ADD A NEW SECTION 8.34.080 TO CHAPTER 8.34 OF THE APPLE VALLEY MUNICIPAL CODE ESTABLISHING A REGULATORY SCHEME FOR SHORT-TERM RENTALS 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 Development Code and Municipal Code Amendments, 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. 2022-004 adopted October 19, 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. 561 in its entirety and read by title only.
Introduce
Ordinance No. 561 approving Development Code Amendment No. 2022-004 to amend Section 9.28.030, Table 9.28.030-A and Section 9.16.130 of the Development Code, and amending Section 8.34.030 and adding Section 8.34.080 to the Apple Valley Municipal Code.
Direct
staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.
7.2 CONSIDERATION OF GENERAL PLAN AMENDMENT GPA 2022-006 AND DEVELOPMENT CODE AMENDMENT DCA 2022-002 TO AMEND SECTION 9.71.080 OF THE DEVELOPMENT CODE TO ALLOW LOT SPLITS ON EXISTING DIRT ROADS IN LIMITED AREAS LOCATED ALONG THE PERIMETER OF TOWN LIMITS
1. Lot Splits on Existing Dirt Roads TC.pdf
2. Apple Valley - Resolution Re Gen Plan Amendment Re Lot Splits_BBK Edits-c1.pdf
3. Apple Valley - Ordinance Re Development Code Amendment Re Lot Splits-c1.pdf
4. PC Resolution.pdf
Consideration of General Plan Amendment GPA 2022-006 and Development Code Amendment DCA 2022-002 to amend Section 9.71.080 of the Development Code to allow lot splits on existing dirt roads in limited areas located along the perimeter of Town limits.
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 Amendments, 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. 2022-005 adopted November 2, 2022, support the required Findings for approval of the proposed General Plan Amendment and Development Code Amendment and adopt the Findings.
Move
to adopt Resolution No. 2023-02 amending the text of the General Plan of the Town of Apple Valley allowing lot splits on existing dirt roads in limited areas located along the perimeter of Town limits. This General Plan Amendment will represent the First General Plan Amendment Cycle for 2023.
Move
to waive the reading of Ordinance No. 562 in its entirety and read by title only.
Introduce
Ordinance No. 562 approving Development Code Amendment No. 2022-002 to amend Section 9.71.080 of the Development Code.
Direct
staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.
7.3 INTRODUCE ORDINANCE NO. 563 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA, AMENDING CHAPTER 12.20, ENTITLED “SPECIAL SPEED LIMITS” OF TITLE 12 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE”
1. Introduce Ordinance XXX Special Speed Limits.pdf
2. 2023-OrdinanceNoXXX.pdf
3. 20221230-ETS2023-KOA-Report.pdf
4. 20221230-ETS2023-KOA-Appendix resize.pdf
5. 20220125-MBI-SpeedSurveyReport.pdf
Move
to waive the reading of Ordinance No. 563 in its entirety and read by title only.
Introduce
Ordinance No. 563 An Ordinance of the Town Council of the Town of Apple Valley, California, amending Chapter 12.20., entitled "Special Speed Limits" of Title 12 of the Town of Apple Valley Municipal Code."
7.4 SUBSTANTIAL AMENDMENT TO THE 2021-2022 AND 2022-2023 ACTION PLANS
1. Substantial Amendment to the 2021-2022 and 2022-2023 Action Plans.pdf
2. CDBG Sub Amendment 01-24-2023 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”) 2021-2022 and 2022-2023 Annual Action Plans (“Action Plans”) by repurposing $909,947 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 ensure the Town’s timely expenditure of CDBG funds.
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
1. Closed Session January 24, 2023.pdf
Negotiations with Real Property Negotiator – Parcel Numbers: 0399-261-01 and 0399-261-08, vacant parcels south of Bear Valley Road directly adjacent to the Mojave River, Apple Valley CA; Negotiating Parties: Gary Ledford, Jess Ranch Development Company; Town Negotiator(s) -Town Manager, Town Engineer, or Designee; Under negotiation: price and terms of payment.
12. Adjournment
Recommended Motion:
To adjourn the meeting of the Apple Valley Town Council at TIME.