Council - Regular Meeting - February 14, 2023
1. Call to Order
2. Opening Ceremonies
2.1 Invocation
Pastor Simpson - Spirit Life Church.
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 28, 2023 - Council Chambers Regular Session at 6:30p.m.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1-6.9 as recommended.
6.1 APPROVAL OF MINUTES
1. Minutes for Feb 24, 2023.pdf
2. Post-Meeting Minutes - CC-RM_Jan24_2023 - English[193456].pdf That the Town Council approve the subject minutes as part of the consent agenda.
6.2 JANUARY 2023 COMMERCIAL WARRANTS AND WIRE TRANSFER SCHEDULES
1. January 2023 Commercial Warrants.pdf
2. Copy of Commercial Warrants 01-2023.pdf
3. Wire Transfers Schedule 01-2023.pdf
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 JANUARY 2023 PAYROLL/BENEFITS WARRANTS SCHEDULE
1. January 2023 Payroll Warrants.pdf
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
6.4 SECOND READING OF ORDINANCE NO. 561 OF THE TOWN OF APPLE VALLEY AMENDING THE DEVELOPMENT CODE TO LIST SHORT TERM RENTALS AS REQUIRING A SPECIAL USE PERMIT IN SECTION 9.28.030, TABLE 9.28.030-A IN ALL RESIDENTIAL ZONES, AND AMEND SECTION 8.34.030
1. Second Reading of Ordinance 561.pdf
2. Ordinance TC.pdf
OF THE MUNICIPAL CODE, AND ADD A NEW SECTION 8.34.080 TO CHAPTER 8.34 ESTABLISHING A REGULATORY SCHEME FOR SHORT-TERM RENTALS Adopt Ordinance No. 561
6.5 SECOND READING OF ORDINANCE 562 OF THE TOWN OF APPLE VALLEY 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
1. Second Reading of Ord. 562.pdf
2. Apple Valley - Ordinance Re Development Code Amendment Re Lot Splits-c1.pdf
3. Updated Areas benfeting from Ord 562 rev.pdf
LIMITS: FINDING THE ADOPTION OF THE ORDINANCE EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES Adopt Ordinance No. 562
6.6 ADOPT 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. Adopt Ordinance 563 Special Speed Limits.pdf
2. 2023-OrdinanceNo563.pdf
Move to adopt Odinance 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.
6.7 APPROVE PURCHASE OF SKIP TRACTOR
1. Approve Purchase of Skip Loader Tractor.pdf
2. A. Quote from Sonsray Machinery.pdf
3. B. Quote from Quinn Company.pdf
4. C. Quote from RDO Equipment Company.pdf
Approve purchase of a Case Skip Loader Tractor Model 570N EP from Sonsray Machinery in the amount of $129,993.82.
6.8 AWARD APPLE VALLEY GOLF COURSE AND COMMUNITY CENTER ACCESSIBILITY PROJECT, AND DETERMINE THE PROJECT TO BE CATEGORICALLY EXCLUDED FROM NEPA PURSUANT TO 24 CFR SECTION 58.35(A)(6) AND CATEGORICALLY EXEMPT FROM CEQA UNDER CLASSES 1, 3, AND 11
1. Award Apple Valley Golf Course and Community Center Accessibility Project.pdf Award a contract to KNC Construction, Inc., for the Golf Course and Community Center Accessibility Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager. In addition, find that the Project is categorically excluded from National Environmental Policy Act (NEPA) pursuant to 24 CFR Section 58.35(a)(6) and categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15301, 15303, and 15311.
6.9 JOINT USE AGREEMENT WITH SOUTHERN CALIFORNIA EDISION CO. (SCE)
1. Joint Use Agreement with Southern California Edison (SCE).pdf
2. 73284A HCJUACity3rdPartyPay49.pdf
3. 73284A SNL.pdf
Approve and execute a joint use agreement with Southern California Edision (SCE)
7. Public Hearings
7.1 RESOLUTION 2023-04, TO RECORD DELINQUENT UTILITY FEES AND COSTS AGAINST REAL PROPERTY LOCATED IN THE TOWN OF APPLE VALLEY AND DIRECTING THAT SAID ASSESSMENTS CONSTITUTE A LIEN UPON SAID PROPERTIES
1. Winter Lien 19 2023.pdf
2. February 2023 Lien 19 Rosolution.pdf
3. Schedule of 19's Post Lien.pdf
4. Attachment 1 - Sample Sequence of Delinquent Notification.pdf
5. Attachment 2-19 OWNER DELINQ LETTER 11-28-2022.pdf
6. Public Hearing Notification 2-14-2023.pdf
7. Notice of Utility Lien - TOAV 2023.pdf
That the Town Council:
Open Public Hearing.
Adopt Resolution No. 2023-04, confirming delinquent utility fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties.
Close Public Hearing.
7.2 INTRODUCE ORDINANCE NO. 564 - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING THE NAME OF TITLE 10, AMENDING SECTIONS 10.01.010 AND 10.01.070 OF CHAPTER 10.01 OF TITLE 10, AND ADDING CHAPTER 10.02 TO TITLE 10 THE THE TOWN OF
1. Introduce Ordinance No. ____ Amending the name of Title 10, Amending Sections 10.01.010 and 10.01.070, Adding Chapter 10.02.pdf
2. Attachment A and B - Ordinance No. ___ and Exhibit A.pdf
3. Attachment C. - Letter from VVWRA.pdf
APPLE VALLEY CODE TO UPDATE, STREAMLINE, REINFORCE, CLARIFY AND CONSOLIDATE THE TOWN’S CODE PROVISIONS RELATING TO THE USE, CONSTRUCTION, PERMITTING AND REGULATION OF THE SANITARY SEWER SYSTEM, INCLUDING ADDITION OF A COMPREHENSIVE FATS, OILS, AND GREASE PROGRAM; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Find
that the proposed adoption of Ordinance No. 564 is not subject to and is exempt from CEQA based upon a finding that, under section 15061(b)(3) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.
Move
to waive the reading of Ordinance No. 564 in its entirety and read by title only.
Move
to introduce Ordinance No. 564 amending the name of Title 10, amending section 10.01.010 and 10.01.070 of Chapter 10.01 of Title 10, and adding Chapter 10.02 to Title 10 of the Town of Apple Valley Municipal Code.
Direct
staff to file a Notice of Exemption.
7.3 A COMPREHENSIVE UPDATE OF THE HOUSING ELEMENT OF THE GENERAL PLAN TO IMPLEMENT THE 6TH CYCLE PLANNING PERIOD FROM 2022 TO 2029 AND FINDING THAT THE UPDATE IS WITHIN THE SCOPE OF THE ADOPTED NEGATIVE DECLARATION IN ACCORDANCE WITH CEQA
1. Re-Approval of Housing Element Update TC.pdf
2. Housing Element Update Attachment One.pdf
3. 5.27.22 letter from HCDr.pdf
4. 11.17.22 letter from HCDr.pdf
5. Summary of changes.pdf
6. 12.6.22 letter of HCDr.pdf
7. RESOLUTION-c1.pdf
8. 5th Draft AV Housing Elemer.pdf
Move to open the public hearing and take testimony. Close the public hearing.
Then: A. Move to adopt Resolution No. 2022-05 approving GPA 2021-002 (Housing Element) and finding the approval within the scope of the adopted negative declaration.
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 Feb 14, 2023.pdf
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.
12. Adjournment
Recommended Motion:
To adjourn the meeting of the Apple Valley Town Council at TIME.