Apple Valley City Council
February 28, 2023

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, February 28, 2023, 6:30 p.m.

Council Chamber

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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.

No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of the Town Council/Redevelopment Agency or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.

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 Green - Way of the Cross Church

2.2 Pledge of Allegiance

2.3 Presentations
Presentation to Apple Valley High School Wrestlling Team - Council Member Kari Leon.

3. Public Comments

4. Councilmember Committee/Commission/Community Participation 6 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 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 - 6.6 as recommended.

6.1 APPROVAL OF MINUTES 8
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 SECOND READING OF ORDINANCE NO. 564 - AN ORDINANCE OF

THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING
THE NAME OF TITLE 10, AMENDING SECTIONS 10.01020 AND

10.01.070 OF CHAPTER 10.01 OF TITLE 10, AND ADDING CHAPTER

10.02 TO TITLE 10 OF THE TOWN OF
18 APPLE VALLEY MUNICIPAL 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
Adopt Ordinance No. 564.

6.3 RATE ADJUSTMENTS TO PROFESSIONAL SERVICES AGREEMENT

WITH CHARLES ABBOTT ASSOCIATES FOR TOWN ENGINEERING

AND BUILDING AND SAFETY SERVICES
46 That the Town Council approve the Rate Adjustment to the Professional Services Agreement with Charles Abbott Associates, Inc., for Engineering and Building and Safety Services.

6.4 BEAR VALLEY ROAD BRIDGE OVER THE MOJAVE RIVER
REHABILITATION PROJECT – UTILITY AGREEMENT NO. 2030.06. 53 That the Town Council approve Utility Agreement No. 2030.06 with San Bernardino County Service Area 64 for the Bear Valley Road Bridge over Mojave River Rehabilitation Project, subject to approval as to form by the Town Attorney and as to content by the Town Manager.

6.5 CHANGE OF OWNERSHIP, RELEASE OF ORIGINAL SECURITIES,

APPROVE NEW AGREEMENTS AND SECURITIES FOR TRACT MAP
NO. 17247
61 That the Town Council approve new securities and agreements, subject to approval as to form by the Town Attorney and as to content by the Town Manager, reflecting 100% security for the remaining improvements yet to be completed for Tract Map No. 17247.

6.6 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN FOR

THE TOWN OF APPLE VALLEY
65 Approve Resolution No. 2023-07, 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 ADOPTION OF A RESOLUTION OF NECESSITY FOR THE

ACQUISITION BY EMINENT DOMAIN, OF A ROADWAY EASEMENT

AND A TEMPORARY CONSTRUCTION EASEMENT INTEREST IN

PORTIONS OF PROPERTY IDENTIFIED AS ASSESSOR PARCEL
NUMBERS 0399-261-01 AND 0399-261-08, LOCATED SOUTH OF
76 BEAR VALLEY ROAD, AND WEST OF JESS RANCH PARKWAY, FOR

THE BEAR VALLEY ROAD BRIDGE OVER THE MOJAVE RIVER

REHABILITATION PROJECT AND FINDING THAT THE ACQUISITION

IS COVERED BY THE MITIGATED NEGATIVE DECLARATION

PREVIOUSLY ADOPTED FOR THE PROJECT
This item is for the Town Council to:
1) Conduct a hearing to consider the adoption of a Resolution of Necessity, including providing all parties interested in the affected property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the Resolution of Necessity; 2) Make the following findings as hereinafter described in this report:
a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owner; 3) Adopt Resolution of Necessity No. 2023-06 described as “A Resolution of Necessity for the Acquisition by Eminent Domain, of a Roadway Easement and a Temporary Construction Easement Interest in Portions of Property Identified as Assessor Parcel Numbers 0399-261-01 and 0399-261-08, Located South of Bear Valley Road, and West of Jess Ranch Parkway, for the Bear Valley Road Bridge over the Mojave River Rehabilitation Project, and Finding that the Acquisition is Covered by the Mitigated Negative Declaration Previously Adopted for the Project.” A copy of the legal definitions, descriptions and depiction is attached as Attachment 1.

7.2 FISCAL YEAR 2022-2023 MID-YEAR BUDGET REVIEW 91
That the Town Council receive and file the Fiscal Year 2022- 2023 Mid-Year Budget Review
A.

Approve Budget Amendment Number 2023-13 incorporating
revenue and expenditure changes and carry forwards as
proposed herein.

B.

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 107
CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Vahan Grigoryan v. Town of Apple Valley, San Bernardino Superior Court, Case No. CIVSB
2204926
A.

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)
Mayor Pro Tem 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)
Mayor Nassif
As needed.

Town Council Chambers

TOWN PERSONNEL COMMITTEE
Mayor Nassif
Council Member Bishop
Meets as Needed

PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Council Member Emick

AD HOC COMMITTEES

APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif

VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick

SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA

AD-HOC COMMITTEE
Council Member Art Bishop
Council Member Kari Leon

AGENCY - BOARDS/COMMITTEES &

COMMISSIONS

CALIFORNIA JOINT POWERS INSURANCE

AUTHORITY (CJPIA)
Mayor Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.

CAL CITIES/DESERT MOUNTAIN DIVISION (DMD)
Mayor Nassif- Voting Delegate
Council Member Bishop – Alternate
Meets as needed, rotating cities.

MOJAVE DESERT AIR QUALITY MANAGEMENT

DISTRICT (MDAQMD)
Council Member 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
Mayor Pro-Tem Cusack – Delegate
Council Member 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 COUNTY TRANSPORTATION

AUTHORITY (SBCTA)
Council Member Bishop - Board Member
Mayor Pro-Tem Cusack – Alternate
Meets 2nd Wednesday of each month at 9:00 a.m.,
I10/I15 Corridor meets 2nd Thursday at 10:00 a.m.
1170 West 3rd St.

San Bernardino

SOLID WASTE ADVISORY TASK FORCE (SWAT)
Mayor Pro-Tem 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
Council Member Bishop – Alternate
Meets every 2nd Wednesday of each quarter at 5:00
p.m., SCLA

VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Council Member Emick – Representative
Council Member Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall

VICTOR VALLEY WASTE WATER RECLAMATION

AUTHORITY (VVWRA)

Mayor Nassif – Commissioner
Council Member Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.

VVWRA Offices

GREATER HIGH DESERT CHAMBERS

GOVERNMENTAL RELATIONS COMMITTEE
Council Member Bishop – Representative
Mayor Pro-Tem Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.

Town Council Agenda Report
Date: February 28, 2023
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES

From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services/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 February 14, 2023

1 Apple Valley Town Council

MINUTES
February 14, 2023, 6:30 p.m.

Council Chamber
Members Present: ____ Mayor Scott Nassif
____ Mayor Pro Tem Larry Cusack
____ Council Member Art Bishop
____ Council Member Curt Emick
____ Council Member Kari Leon
_____________________________________________________________________

1. Call to Order
Mayor Nassif called to order the regular session of the Apple Valley Town Council at 6:31 p.m.

2. Opening Ceremonies

2.1 Invocation
Pastor Simpson - Spirit Life Church.

2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Leon.

2.3 Presentations

3. Public Comments
Veronica Golub, expressed concern regarding the number of animals she believed were euthanized at the shelter within the past few weeks. She stated that she was unable to get a status on the animals.

Corey Carnegie, asked that the shelter operations be added to the next agenda.

Melissa Lillie, spoke about the euthanasia of animals in Apple Valley.

Robin Fox, spoke of animals having compassion. She too expressed concern about the euthanasia of animals in Apple Valley.

Diley Greiser, expressed concern regarding the Apple Valley Animal Shelter.

2 Mike Ryan, expressed concern regarding the Apple Valley Animal Shelter.

Theodore Trentman, Big Bear, expressed concern regarding the Apple Valley Animal Shelter.

Stephanie (No Last Name Given), asked that the concerns expressed regarding the animal shelter be placed on the next agenda for discussion.

Arlene Martin, Dana Point, spoke of her work in the rescue industry. She too asked that this issue be placed on the next agenda.

Richard Rorex, Apple Valley, commented on an article he read about government corruption in the San Bernardino Sun.

Corina Rivera, Apple Valley, thanked the Town staff for assisting them with the issue in their neighborhood and trying to find a resolution with the sand and dust in their homes.

Heather Gaines, commented on working as a rescue in Adelanto. She expressed concern regarding the Apple Valley Animal Shelter.

Kelly (No Last Name Given), The Fight Back Foundation, expressed concern regarding comments she said she heard in the audience from members present that she believed supported the shelter.

Carmen Verdugo, Downey, spoke on shelters in her area that she believed are more transparent. She also expressed concern regarding the Apple Valley Shelter.

Doug Robertson, Town Manager, commented on the Town of Apple Valley Animal Shelter and staff and their work for the betterment of the shelter and community.

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 Bishop commented on committee meetings and events that he attended.

Council Member Emick commented on committee meetings and events that he attended.

3 Council Member Leon commented on committee meetings and events that she attended.

Mayor Nassif commented on committee meetings and events that he attended.

5. Town Council Announcements

5.1 Suggested items for next Agenda
Council Member Leon would like a presentation given on a future agenda regarding a status update on the real estate market.

Mayor Nassif would like an item on a future agenda regarding Code Enforcement priorities.

Doug Robertson, Town Manager, stated that staff would conduct research on the requests above and provide items at a future meeting. He also commented on the upcoming changes with the energy rebate program from Edison.

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
Mayor 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 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, Mayor 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 Mayor Nassif is maintained on file in the Town Clerk’s Office and available for review at the dais.

Mayor Nassif confirmed that he would be recusing from voting on these warrants.

Council Member Leon has a remote interest in specific warrants on tonight’s Commercial Warrants and has a financial interest in Solution Strategies as a former landlord to this business. Therefore, she will be recusing herself from voting on the warrants for these businesses.

4 Council Member Leon confirmed that she would be recusing from voting on these items.

Motion by: Council Member Emick
Seconded by: Council Member Bishop
Yes (4): Council Member Bishop, Council Member Emick, Council Member Leon, Mayor Nassif. Absent (1): Mayor Pro Tem Cusack
Carried (4 to 1)

6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 JANUARY 2023 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 JANUARY 2023 PAYROLL/BENEFITS WARRANTS SCHEDULE
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 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
LIMITS: FINDING THE ADOPTION OF THE ORDINANCE EXEMPT
FROM CEQA PURSUANT TO SECTION 15061(B)(3) OF THE CEQA

GUIDELINES

5 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
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
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
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)
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
That the Town Council:

6 A. Open Public Hearing.

B. 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.

C. Close Public Hearing.

Mayor Nassif opened the public hearing at 7:54 p.m.

Sydnie Harris, Director of Finance, presented the staff report as filed with the Town Clerk.

There being no requests to speak, Mayor Nassif closed the public hearing at 7:56 p.m.

Motion by: Council Member Leon
Seconded by: Council Member Bishop
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.

Yes (4): Council Member Bishop, Council Member Emick, Council Member Leon, Mayor Nassif. Absent (1): Mayor Pro Tem Cusack
Carried (4 to 1)

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 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
A. Find that the proposed adoption of Ordinance No. 564 is not subject to and is exempt from CEQA based upon a finding that,

7 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.

B. Move to waive the reading of Ordinance No. 564 in its entirety and read by title only.

C. 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.

D. Direct staff to file a Notice of Exemption.

Mayor Nassif opened the public hearing at 7:58 p.m.

Guy Eisenbrey, Director of Municipal Services, presented the staff report as filed with the Town Clerk.

There being no requests to speak, Mayor Nassif closed the public hearing at 8:09 p.m.

Motion by: Council Member Bishop
Seconded by: Council Member Emick
A. 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.

B. Move to waive the reading of Ordinance No. 564 in its entirety and read by title only.

Mayor Leon: Yes / No / Abstain / Conflict; Mayor Pro Tem Bishop: Yes / No / Abstain / Conflict; Council Member Cusack: Yes / No / Abstain / Conflict; Council Member Emick: Yes / No / Abstain / Conflict; Council Member Nassif: Yes / No / Abstain / Conflict
Carried / Tied / Defeated
Motion by: Council Member Emick
Seconded by: Mayor Leon
C. 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,

8 and adding Chapter 10.02 to Title 10 of the Town of Apple Valley Municipal Code.

D. Direct staff to file a Notice of Exemption.

Yes (4): Council Member Bishop, Council Member Emick, Council Member Leon, Mayor Nassif. Absent (1): Mayor Pro Tem Cusack
Carried (4 to 1)

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
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.

Mayor Nassif opened the public hearing at 8:10 p.m.

Daniel Alcayaga, Planning Manager, presented the staff report as filed with the Town Clerk.

Got on Daniel about maps in the future. Please redo and put cross streets on the map
There being no requests the speak, Mayor Nassif closed the public hearing at 8:25 p.m.

Motion by: Council Member Leon
Seconded by: Mayor Nassif
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.

Yes (4): Council Member Bishop, Council Member Emick, Council Member Leon, Mayor Nassif. Absent (1): Mayor Pro Tem Cusack
Carried (4 to 1)

9 8. Business of the Council

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, provided an update of current events, upcoming events and activities in the Town of Apple Valley.

11. Closed Session
Mayor Nassif adjourned the meeting of the Apple Valley Town Council to Closed Session at 8:30 p.m. to discuss the following:

11.1 CLOSED SESSION
A. 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.

Upon returning from Closed Session at 9:32 p.m. Mayor Nassif announced that there was no reportable action taken.

12. Adjournment
It was the consensus of the Town Council to adjourn the meeting of the Apple Valley Town Council at 9:33 p.m.

Scott Nassif, Mayor La Vonda M-Pearson, Town Clerk

Town Council Agenda Report
Date: February 28, 2023
To: Honorable Mayor and Town Council
Subject: SECOND READING OF 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 OF THE TOWN OF APPLE

VALLEY MUNICIPAL 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

From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, CCEO
Director of Municipal Services
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Adopt Ordinance No. 564.

SUMMARY
At its February 14th, 2023 meeting, the Town Council reviewed and introduced Ordinance No. 564 that amends the name of Title 10, sections 10.01.010 and 10.01.070, and adds Chapter 10.02, to the Town of Apple Valley Municipal Code, establishing a FOG Control Program. Said additions and amendments were proposed to ensure the public’s health, safety and welfare, protect the integrity of the Town’s sanitary sewer system, and prevent overflows caused by fats, oils, and grease discharge. Ordinance No. 564 has been scheduled for adoption at the February 28th, 2023 Town Council Meeting.

FISCAL IMPACT
None.

ATTACHMENTS
Ordinance No. 564.

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 OF THE TOWN OF APPLE VALLEY

MUNICIPAL 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
WHEREAS, the Town of Apple Valley (“Town”) is authorized to take actions to further the public’s health, safety, and welfare; and
WHEREAS, the Town is a member agency of the Victor Valley Wastewater Reclamation Authority (“VVWRA”); and
WHEREAS, on August 19, 2021, the VVWRA Board of Commissioners approved amendments to its Ordinance 001 governing the rules and regulations for sewerage service, which transferred to each member agency the permitting and inspection responsibilities of food service establishments; and
WHEREAS, the Town desires to adopt new regulations to bring the Town into compliance with the current VVWRA regulations, to protect the integrity of the Town’s sanitary sewer system, and to prevent overflows caused by fats, oils, and grease discharge in order to protect the public’s health, safety, and welfare; and WHEREAS, the Town Council has reviewed the adoption of this Ordinance pursuant to the requirements of the California Environmental Quality Act (“CEQA”) and has determined and finds that this Ordinance is consistent with the protection of the public’s health, safety, and welfare and is thereby categorically exempt from environmental review pursuant to CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment.

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NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Title 10 of the Town of Apple Valley Municipal Code is hereby amended in its entirety to read “Water, Sewers and Utilities.” SECTION 3. Section 10.01.010 of the Town of Apple Valley Municipal Code is hereby amended in its entirety to read as follows:
“

10.01.010 Definitions.

Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. The testing procedures for waste constituents and characteristics shall be performed pursuant to the Victor Valley Wastewater Reclamation Authority guidelines, and may be amended from time to time.

Other terms not herein defined are defined as being the same as set forth in the latest adopted edition of the International Conference of Building Officials Uniform Building Code and the International Associate of Plumbing and Mechanical Officials Uniform Plumbing Code.

The terms hereinafter set forth unless otherwise specified shall have the following meanings:
(a) Agency shall mean an administrative division or group. (b) Applicant shall mean any person applying for wastewater service. (c) Authorized Enforcement Officer shall mean the FOG Manager, Building Official, Code Enforcement Manager, a Town Code Enforcement Officer, or other such individuals as are employed by the Town and are authorized to conduct inspections and enforce the provisions of this Chapter and any applicable related statutes, rules, codes and regulations enforceable by the Town. (d) Best Management Practices or “BMPs” shall mean the schedule of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of FOG into the public sewer. (e) Building Official shall mean the Town official designated to administer Title 8 of this Code.
(f) Building Sewer shall mean that portion of any sewer beginning at the plumbing or drainage outlet of any building, industrial facility or preliminary treatment facility, and continuing to the point of its connection with the sewer mainline. (g) Class I Discharger shall mean any collection system nonresidential discharger who:
(1) Has a discharge flow of 10,000 gallons or more per normal work day or 3,000,000 gallons or more per year; or

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(2) Has a discharge of wastewater that has a strength significantly (50%) greater than domestic sewerage (domestic sewerage will be considered to have a BOD of 200 mg/l and suspended solids of 250 mg/l); or (3) Has a discharge of toxic constituents that exceed VVWRA’s “Wastewater Strength Limitations” as adopted and as the same may be amended from time to time.
(h) Class II Discharger shall mean any collection system nonresidential discharger who:
(1) Discharges more than its proportionate share of suspended solids and/or biochemical oxygen demand;
(2) Who discharges more than 10,000 gallons per day (or 3,000,000 gallons per year) but less than 25,000 gallons per day or 6,000,000 gallons per year; and
(3) Who is not required to obtain a Class I permit.
(i) Code shall mean the Town Municipal Code.
(j) Compliance Schedule Agreement or CSA shall mean an agreement between the Town and a permittee designed to bring such permittee into compliance with the requirements of its FOG Permit.
(k) Composite Sample shall mean a collection of individual samples obtained at selected intervals based on an increment of either flow or time that once formed is a representative sample of the waste stream discharged during the sample period or when waste discharge occurs.
(l) Connection Fee shall mean a fee imposed by the Town for connecting directly to a Town public sewer.
(m) Critical Discharger shall mean any discharger whose classification is identified in the Standard Industrial Classifications (SIC) Manual in any of Divisions A, B, D, E, and I; or who has a discharge flow of 25,000 gallons or more per average workday, whose discharge contains toxic pollutants; or whose discharge may have significant impact, either singly or in combination with other contributing users, on the treatment or collection system.
(n) Discharger or User shall mean any person who discharges or causes a discharge of wastewater directly or indirectly into the public sewer. (o) Domestic Wastewater shall mean liquid wastes:
(1) From the non-commercial preparation, cooking and handling of food; or (2) Containing human excrement and similar matter and from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions.
(p) Effluent shall mean any liquid outflow from a Food Service Establishment (FSE) that is discharged into the public sewer.
(q) Equivalent dwelling unit or EDU shall mean the quantity and quality of domestic wastewater discharged from a standard or average single family dwelling unit, having approximately 20 plumbing fixtures capable of contributing 245 gallons per day of domestic sewage.
(r) Fats, Oils, and Grease (FOG) shall mean any vegetable or animal product that is used in or is a by-product of the cooking of food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.

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It is typically a non-petroleum organic polar compound derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules and are detectable and measurable using analytical procedures established in the most current version of the United States Code of Federal Regulations codified at 40 CFR Part 136.
(s) FOG Control Program shall mean the FOG control rules, regulations and procedures identified in this Chapter and such other public outreach, education and other provisions developed pursuant to Section 7 of the Town’s Sewer System Management Plan (SSMP).
(t) FOG Manager shall mean the individual designated by the Town Manager to administer its FOG Control Program or their designee. The FOG Manager is responsible for maintaining, monitoring and ensuring compliance with the Town’s FOG Control Program.
(u) FOG Permit shall mean a FSE grease interceptor or trap permit issued by the Town under the provisions of this Chapter and the Town’s SSMP that authorizes a FSE to discharge wastewater into the public sewer.
(v) FOG Overflow shall mean any overflow, spill, release, discharge or diversion of FOG substance from a grease interceptor or grease trap. (w) Food Grinder shall mean any device installed in the plumbing or building sewer connections for the purpose of grinding food waste or food preparation byproducts for the purpose of discharging them into the public sewer. (x) Food Service Establishment or FSE shall mean a food facility as defined in the California Uniform Retail Food Facilities Law (CURFFL), Section 113789 of the Health and Safety Code, and any commercial entity within the boundaries of the Town, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by mechanical ventilation as required by Health and Safety Code Section 114149.1.

Any references to FSEs shall include the owners and/or managers of the FSE or such persons responsible for the day-to-day management and operation of the FSE.
(y) Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of food. (z) Grab Sample shall mean a sample taken from the waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
(aa) Grease Control Device or GCD shall mean any grease interceptor, grease trap or other mechanisms, devices, or processes, which attach or are applied to wastewater plumbing fixtures and lines, the purpose of which is to trap, collect or treat FOG present in wastewater prior to discharge into the public sewer. “GCDs” may also include any other proven method(s) to reduce FOG, subject to the approval of the Building Official.

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(bb) Grease Interceptor or Interceptor shall mean a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Uniform Plumbing Code, underground between a FSE and its connection to the public sewer. These devices primarily use gravity to separate FOG from wastewater as it moves from one compartment to the next and must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner at regular intervals to be effective.
(cc) Grease Trap shall mean a GCD that is used to serve individual fixtures. Grease traps have limited effects and should only be used in those cases where use of a Grease interceptor or other GCD is determined by the Town to be impossible or impracticable.
(dd) Hearing Officer shall mean the Town Manager or their designee with authority to conduct hearings relating to FOG permit revocations/suspension or other orders issued under the authority of this Chapter. The Town Manager may designate a Town Department Director or other Town official to be a Hearing Officer, but in no event shall the Hearing Officer be the person who issued the notice setting forth the grounds for a revocation/suspension or other order, or who was directly involved in the investigation of the events leading up to the issuance of any such notice or order.
(ee) On-site Wastewater Treatment System shall mean an approved and permitted septic tank and on-site disposal system designed and constructed to dispose of wastewater generated on the property.
(ff) Industrial Pre-treatment Permit shall mean a permit issued by VVWRA for industrial wastewater discharges.
(gg) Main shall mean gravity and pressurized (force-main) sewer collection and transmission pipelines located in streets, highways, alleys, easements or rights-ofway which are used for collection and transmission of wastewater. (hh) Manhole shall mean a hole, usually with a cover, through which a person may enter a sewer or confined space.
(ii) Manifest shall mean a form acceptable to the Fog Manager that provides proof of GCD service and disposal of recyclable or liquid wastes as required by the Town. (jj) Payback Agreement shall mean a written conditional agreement entered into by the Town with a landowner, contractor, developer, or any person who constructs any portion of a sewer system such as a sewer line extension, with said construction cost being entirely borne by the landowner, contractor, developer or constructor and after final inspection, said sewer is deeded to the Town for public use. Under such agreements, the Town may agree to refund to the applicant 95% of all main extension costs (excepting therefrom the cost of that portion of the extension classified as direct benefit to the applicant’s/developer’s project), with said refund to be collected from property owners or developers of properties adjacent to and which connect to said sewer line extension for a period of time up to but not exceeding ten years from the effective date of the agreement. (kk) Person shall have the same meaning as prescribed in Title 1 of this code. (ll) Pollutant shall mean any constituent or characteristic of wastewater on which a discharge limitation may be imposed either by the Town or by a regulatory body of competent jurisdiction.

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(mm) Public Sewer shall mean a sewer owned and operated by the Town or other local governmental agency, and as to which the Town possesses direct or indirect regulatory powers.
(nn) Pump Station shall mean pumps used for pumping wastewater or sewage from a lower to higher elevation, particularly when the elevation of the source is not sufficient for gravity flow.
(oo) Regulatory Agency shall mean public agencies having regulatory jurisdiction over the wastewater disposal operations of the Town, including without limitation: the United States Environmental Protection Agency, Region 9 (EPA); the California State Water Resources Control Board (SWRCB); the California Regional Water Quality Control Board, Lahontan Region (RWQCB); the California Department of Public Health (CDPH); the San Bernardino County Department of Public Health (SBCDPH); and the Victor Valley Wastewater Reclamation Authority (VVWRA). (pp) Sewer Charge shall mean the flat rate charged based on the number of equivalent dwelling units (EDU) assigned to an account.
(qq) Sewer System or Sewer Facilities shall mean pipeline, lateral, main, trunk, lift station or other appurtenance or facility designed for the collection and conveyance of sewage and further defined as follows:
(1) Building Sewer as defined herein;
(2) Public Sewer as defined herein;
(3) Sanitary Sewer or sewers designed for collection and conveyance of domestic, commercial and industrial waste and which are not intended for collection or conveyance of stormwater, surface water, or groundwater. (4) Sewer Lateral or a privately owned sewer service line, located within private property that conveys wastewater discharged from a residence, building or other structure to the public sewer.
(rr) Sewer System Overflow or SSO shall mean any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system including:
(1) Overflows or Releases of untreated or partially treated wastewater that reach waters of the United States;
(2) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and
(3) Wastewater backups into buildings and on to private properties that are caused by blockages or flow conditions within the public sewer. (ss) Storm water shall mean rainwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process water. (tt) VVWRA shall mean the Victor Valley Wastewater Reclamation Authority. (uu) Waste shall mean sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature, prior to and for the purpose of disposal.
(vv) Waste Hauler or GCD Servicer shall mean any person or company carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for that purpose.

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(ww) Wastewater shall mean liquid waste and water carrying industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, FSEs, and institutions, whether treated or untreated, discharged into or permitted to enter a private system or into the public sewer.
(xx) Wastewater Constituents and Characteristics shall mean the individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify, or measure the quality and quantity of wastewater.”
SECTION 4. Subparagraph (H) of Section 10.01.070 of the Town of Apple Valley Municipal Code is amended to read, in its entirety, as follows:
“H. Interceptors required. Grease, oil, and/or sand trap interceptors shall be required, at the owner’s expense, in all facilities which discharge liquid wastes containing grease, flammable wastes, sand and/or other wastes containing harmful ingredients in accordance with the Uniform Plumbing Code and Chapter

10.02 of this Code.

All grease, oil, and sand interceptors shall be maintained at the owner’s expense, in continuously efficient operation at all times. All construction shall conform with Town standards. The facilities required to use the aforementioned interceptors include, but are not limited to, FSEs as defined in Chapter 10.02 of this Code, restaurants including fast food, butcher shops, gas stations, car washes, automotive mechanics, and paint shops.”
SECTION 5. Chapter 10.02 is hereby added to Title 10 of the Town of Apple Valley Municipal Code to read as follows:
“

10.02.010 Intent and Purpose.

It is the intent of this Chapter to establish a permit procedure for the construction and maintenance of interceptors for grease and other insoluble waste discharged from restaurants and other food preparation establishments connected to the public sewer.

This Chapter further provides guidelines and practices regulating the discharge of grease and other insoluble waste products to prevent blockages of the public sewer, avoid inefficient use of Town resources, prevent sewer system overflows caused by the accumulation of fats, oils, and grease (FOG), and promote the public health and safety.

By enacting this Chapter, the Town Council intends to provide a fair and effective means of providing for the maximum beneficial use of the public sewer and the other sewer facilities to which they discharge.

10.02.020 Commercial Property Owner Responsibility.

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Owners of Commercial Properties or their official designee(s) shall be responsible for the installation and maintenance of the GCD serving multiple FSEs that are located on a single parcel.

10.02.030 Grease Control Devices (GCD) Required.

A. No person or FSE shall discharge or cause to be discharged into the public sewer any wastewater potentially containing FOG without the installation and use of an approved Grease Control Device (GCD).

B. All FSEs shall provide wastewater acceptable to the Town, according to the requirements and standards established herein before discharging to any public sewer.

C. A FSE required to provide FOG pretreatment shall install, operate and maintain an approved type and adequately sized grease control device to comply with the objectives of these standard conditions.

10.02.040 FOG Permit Required.

A. All FSEs shall obtain a FOG Permit and be subject to all provisions of this Chapter and all other FOG control program regulations, user charges, and/or fees which may be established by resolution of the Town Council. The FOG permit shall be issued to the FSEs business name as listed within the Town’s business license records and shall provide:

1. The approved GCD type.

2. GCD size.

3. GCD service frequency.

4. Permit expiration.

B. The FOG Permit shall be issued only for the permittee’s specific business name as listed in the Town’s business license file. Except for service frequency changes approved by the FOG Manager or their designee, any substantial new or changed condition of operation, such as a change in the FSE’s ownership, food types, or operational procedures that have the potential to increase the amount of FOG generated and/or discharged by the FSE in an amount that alone or collectively causes or creates a potential for SSOs to occur shall require the submittal of a new application, payment of the permit fee, and issuance of a new FOG Permit..

10.02.050 FOG Permit Application.

A. Persons seeking a FOG Permit shall complete and file with the FOG Manager or his designee an application on a form prescribed by the Town, accompanied by any applicable fees. The application shall contain at least the following information:

1. The name and address of applicant;

2. The volume and type of wastewater to be discharged;

3. The time of daily food preparation and cleaning operations;

4. Description of food preparation, type, number of meals served, cleanup procedures, dining room capacity, number of employees and size of kitchen;

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5. A list of kitchen appliances and fixtures to be used; and

6. Any other information as may be deemed by the FOG Manager to be necessary to evaluate the permit application.

B. In lieu of completing the application described in Subsection (A), the applicant may show appropriate permits or documentation issued by the Town’s Building and Safety Department that confirm an appropriate GCD has been installed in the FSE in accordance with the applicable California Building and Uniform Plumbing Codes adopted by the Town.

C. After evaluation and acceptance of the data provided by the applicant, an on-site inspection of the FSEs waste discharge system, treatment systems, or other systems relating to waste discharge may be required. The FOG Manager or their designee may then issue a FOG Permit subject to the terms and conditions provided in this Chapter and this Code.

10.02.060 FOG Term, Modifications and Conditions.

A. The FOG Permit shall be issued for a one (1) year period and shall be renewed annually and concurrently with the applicant’s business license.

B. The terms and conditions of the permit may be subject to modification by the Town during the life of the permit as limitations or requirements as identified in Section

10.02.070 are modified and changed.

C. The Permittee shall be informed by the Town of any proposed changes in the frequency of the cleaning required by the FOG Permit at least ten (10) days prior to the effective date of the change. Any changes or new conditions in the FOG Permit shall include a reasonable time schedule for compliance.

10.02.070 Requirements for Best Management Practices (BMPs).

All FSEs shall implement BMPs in their operations to minimize the discharge of FOG into the public sewer. General requirements for BMPs are set forth in this Section and more detailed requirements may be specified within the FOG Permit. Commercial and industrial dischargers shall also be in full compliance with the provisions of this Chapter.

A. All FSEs shall implement BMPs in accordance with the requirements and guidelines established by the Town under its FOG Control Program and this Chapter to minimize the discharge of FOG into the public sewer.

B. All FSEs shall be required, at a minimum, to comply with the following BMPs, when applicable:

1. Installation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation areas.

2. Segregation and collection of waste cooking oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to ensure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil and all manifests and paperwork shall be made available for inspection by the Town.

3. Disposal of food waste. All food waste shall be disposed of in accordance with Chapter 6.20 of this Code.

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C. Employee Training. At the time of hiring and at least annually thereafter, or as specified in the FOG Permit, the FSE shall train its employees on the following subjects:

1. How to “dry wipe” pots, pans, dishware, and work areas before washing to remove grease.

2. How to properly dispose of food waste and solids in accordance with Chapter 6.20 of this Code.

3. The location and use of absorptive products to clean under fryer baskets and other locations where grease may be spilled.

4. How to properly dispose of waste oil from cooking equipment into a grease receptacles such as a barrels or drums without spilling or splashing.

5. Training shall be documented and employee signatures retained indicating each employee’s attendance and understanding of the practices reviewed.

Training records shall be available for review at any reasonable time by the FOG Manager or Authorized Enforcement Officer.

D. The FOG Manager may require periodic reporting of the status of implementation of BMPs, in accordance with the FOG Control Program and this Chapter.

E. Maintenance of kitchen exhaust filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning the exhaust filter shall be disposed of properly.

F. Kitchen signage. BMPs and waste minimization practices shall be displayed on signs posted conspicuously in the food preparation and dish washing areas at all times.

10.02.080 Right of Entry, Inspection and Sampling Conditions.

A. The FOG Manager may inspect or order the inspection and sample of all parts of the FSEs wastewater generating and disposal facilities for the purposes of ascertaining whether the intent of this Chapter is being met and the Permittee is complying with all FOG Permit and other requirements. Inspection and sampling shall be completed during normal business hours. No person shall interfere with, delay, resist or refuse entrance to the FOG Manager or Authorized Enforcement Officers attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the public sewer and compliance with the requirements of a FOG permit. Inspections shall to include assessment of the GCD, review of manifests, related FOG service receipts and invoices and other records relating to the cleaning, maintenance and inspection of such GCDs. In the event of an emergency involving an actual or imminent SSO, Authorized Enforcement Officers may access adjoining businesses or properties which share a building sewer system with a FSE in order to prevent or remediate an actual or imminent SSO.

B. The FOG Manager shall have the right to place or order the placement on the FSEs property or other locations as determined by the FOG Manager, such devices as are necessary to conduct sampling or metering operations. Where a FSE has security measures in force, the Permittee shall make necessary arrangements so that Authorized Enforcement Officers shall be permitted to enter without delay for the purpose of performing their specific responsibilities.

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10.02.090 Determination of Compliance with FOG Permit Conditions A. Inspection Procedures. Inspection of FSEs shall be conducted in the time, place, manner and frequency determined at the sole discretion of the FOG Manager and shall include but not be limited to BMPs, the 25% rule for grease interceptors, maintenance frequency requirements for GCDs, FOG Permit discharge conditions, or any discharge provisions of this Chapter.

B. Sampling Procedures. Sampling of the wastewater discharge of FSEs shall be conducted in the time, place, manner and frequency determined at the sole discretion of the FOG Manager. Non-compliance with FOG Permit discharge conditions, or any discharge provision of this Chapter may be determined by an analysis of a Grab or Composite Sample of the FSEs effluent. Any sample taken from a sample point is considered to be representative of the FSEs discharge to the public sewer.

C. Specialty FOG Compliance Charge. Any Permittee determined to be in noncompliance with the terms and conditions specified in its FOG Permit and/or any provision of this Chapter shall pay Specialty FOG Compliance Charges in addition to any other FOG related charges required by this Chapter. The purpose of these charges are to compensate the Town for the costs of additional inspection and follow-up, sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the permittee’s non-compliance, and shall be in addition to and not in lieu of any penalties or fines as may be assessed under other provisions of this Chapter. Specialty FOG Compliance Charges shall be only those amounts necessary to cover the actual costs incurred by the Town to obtain permittee compliance with this Chapter.

10.02.100 Monitoring Facilities Requirements.

A. The Town may require FSEs to construct and maintain in proper operating condition at the FSEs sole expense, flow monitoring, monitoring of wastewater constituents and characteristics and/or sampling facilities.

B. The location of the monitoring or metering facilities shall be subject to approval by the FOG Manager. FSEs may be required to provide immediate, clear, safe and uninterrupted access to the FOG Manager or inspectors to the FSEs monitoring and metering facilities.

C. FSEs may also be required by the FOG Manager to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of the GCD and compliance with this Chapter.

10.02.110 Grease Interceptor General Requirements.

A. All FSEs shall provide a GCD acceptable to the Town under the requirements and standards established herein before discharging to the public sewer. An FSE required to provide a GCD shall install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this Chapter.

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B. Grease interceptor sizing and installation shall conform to the current edition of the California Uniform Plumbing Code. Interceptors shall be constructed in accordance with the design approved by the Building Official or their designee and shall have a minimum of two compartments with fittings designed for FOG retention.

C. The grease interceptor shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning, and removal of accumulated FOG.

D. Access manholes, with a minimum diameter of twenty (20) inches, shall be provided over each Interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent non-wastewater inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, FOG removal, and wastewater sampling activities.

E. Grease interceptors shall be maintained in efficient operating conditions by removing accumulated FOG in accordance with the established maintenance frequency established by the FOG Manager.

F. Grease interceptors shall be inspected periodically by the permittee and at least annually by the FOG Manager or an Authorized Enforcement Officer to check for leaking seams and pipes and for effective operation of the baffles and sample, inlet, and outlet tees.

10.02.120 Grease Trap General Requirements.

A. FSEs may be required to install grease traps in the wastewater line leading from drains, sinks, and other fixtures or equipment where FOG may be introduced into the sewer system in quantities that can cause blockage.

B. Sizing and installation of grease traps shall conform to the current edition of the California Uniform Plumbing Code.

C. Grease traps shall be inspected periodically by the permittee and at least annually by the FOG Manager or an Authorized Enforcement Officer to check for leaking seams and pipes and for effective operation of the baffles and flow regulating device.

10.02.130 Grease Interceptor and Grease Trap Use and Maintenance Requirements.

A. All existing GCDs shall be maintained in efficient operating condition by periodic removal of the accumulated FOG in accordance with the established maintenance frequency established by the FOG Manager and as specified in the FOG Permit.

Each permittee shall be responsible for the proper removal and disposal by appropriate means of the captured FOG material. No such accumulated FOG shall be introduced into any sewer lateral or the public sewer.

B. The FOG Manager shall assign each FSE one of the following collection/maintenance frequencies: thirty (30) days, sixty (60) days, ninety (90) Days, one-hundred-twenty (120) days, or one-hundred-eighty (180) days and may increase or decrease the service frequency of the GCD as deemed necessary to maintain the GCD designed efficiency.

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C. Grease interceptors and traps and their baffles shall be maintained free of all caked-on FOG waste. Removable baffles shall be removed and cleaned during the maintenance process.

D. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer system, storm drain, or public right of way during maintenance activities.

E. FSEs with GCDs may be required to submit data and information necessary to establish the maintenance frequency of the GCD at any time.

F. The maintenance frequency for all FSEs with GCDs shall be determined in one of the following methods:

1. Unless otherwise specified by the FOG Manager or in the FOG Permit, all FSEs with grease interceptors shall ensure they are maintained not less than once every three (3) months. The maintenance frequency for a grease trap shall be every thirty (30) days unless otherwise specified by the FOG Manager or in the FOG Permit. The Fog Manager may increase or decrease the maintenance frequency based on the actual generation of FOG, historical data, or other conditions as deemed appropriate and necessary to protect the public sewer.

2. Grease interceptors shall be fully pumped out and cleaned or maintained at a frequency such that the combined FOG and solids accumulation does not exceed twenty-five percent (25%) of the total design hydraulic depth of the grease interceptor (the “25% Rule”). The 25% Rule ensures that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG from Wastewater discharged to the sewer system.
a. Grease interceptors shall be fully pumped out and cleaned quarterly when the frequency described in Subsection (B) has not yet been established.
b. The maintenance frequency shall be adjusted when sufficient data has been obtained to establish an average frequency based on the requirements described in this Section and guidelines adopted pursuant to this Chapter.
c. The Town may increase or decrease the maintenance frequency at any time to reflect changes in actual operating conditions in accordance with the intent of the FOG Control Program.

3. The owner of a FSE may submit a written request to the FOG Manager seeking a change in the maintenance frequency at any time. The FSE is responsible for the burden of demonstrating that the requested change in frequency reflects actual operating conditions, based on the average FOG accumulation over time, meets the requirements described in Subsection (f)(2), and is in full compliance with the conditions of its FOG Permit and this Chapter. If deemed justified by the Fog Manager or their designee, the FOG Permit shall be revised and reissued accordingly to reflect the change in maintenance frequency.

4. If at any time a grease interceptor or trap contains FOG and solid accumulation that does not meet the requirements described in Subsection (F)(2) or in excess of its capacity, the FSE shall be required to have the

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interceptor serviced immediately and remove all FOG, sludge, and other materials. As a result, and if deemed necessary, the FOG Manager may increase the grease interceptor maintenance frequency to ensure no FOG reaches the public sewer. Notice of any change to the maintenance frequency shall be given to permittee by written notice from the FOG Manager.

5. Wastewater, accumulated FOG, floating materials, sludge/solids, and other materials removed from grease interceptors shall be properly disposed of off-site by waste haulers in accordance with federal, state and/or local laws.

6. A FSE that is on a thirty (30) day grease trap maintenance frequency and requires more frequent maintenance shall submit plans to the Building and Safety Department for the installation and use of a grease interceptor.

Exceptions may be granted if:
a. There is inadequate space for the installation of a grease interceptor; or
b. There is inadequate slope for gravity flow between the kitchen plumbing fixtures and the grease interceptor.

10.02.140 Maintenance Reports Required.

A. Permittees shall be required to maintain all records of GCD cleaning and maintenance on the premises of the FSE. Such records shall be in the form of a service manifest as may be required by the FOG Manager in accordance with the conditions imposed by the FOG Permit. Permittees shall submit service manifests directly to the FOG Manager, or the GCD servicers may submit such manifests to the FOG Manager on behalf of the permittee.

B. The FOG Manager may require visual monitoring/inspection using closed circuit television at the sole expense of the permittee to observe the actual conditions of the FSEs sewer system lines downstream.

C. The FOG Manager may require a permittee to prepare reports for self-monitoring of wastewater constituents and characteristics to determine compliance with any conditions or requirements specified in the FOG Permit. Monitoring reports of the analyses of wastewater constituents and characteristics shall be prepared in a manner and form approved by the FOG Manager and upon their request shall be submitted by the permittee to the Town. A permittee’s failure to perform any required monitoring, or to submit monitoring reports required by the FOG Manager constitutes a violation of this Chapter and shall be cause for the Town to initiate all necessary tasks and analyses to determine the wastewater constituents and characteristics for compliance with any conditions and requirements specified in the FOG Permit or this Chapter. Permittees shall be responsible for any and all expenses of the Town in undertaking such monitoring analyses and preparation of reports.

D. Failure to accurately maintain FOG control monitoring reports or GCD service manifests with the appropriate information and/or failure to make such records available upon request are considered violations of the FOG Permit.

E. Record Keeping Requirements. Permittees shall be required to keep all paper or electronic manifests, receipts and invoices of all cleaning, maintenance and FOG

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removal from GCDs, and records of waste haulers and disposal site location(s) for no less than two (2) years.

F. Upon request, permittees shall make the manifests, receipts and invoices available to the FOG Manager or any Authorized Enforcement Officer, including but not limited to the following:

1. A record of GCD cleaning and maintenance practices;

2. A record of BMPs implemented and employee training;

3. Copies of records and manifests of interceptor contents removed by waste haulers;

4. Records of sampling data and sludge height monitoring for FOG and solids accumulation in grease interceptors;

5. Records of any spills or cleaning of the private sewer lateral or building sewer system by the FSE, or its contractors.

6. Any other information deemed appropriate by the FOG Manager to ensure compliance with this Chapter and the Fog Control Program.

G. Falsifying information or tampering with a GCD is prohibited. Any person who makes any false statement, representation, record, report, plan or other document that is filed with the Town, or tampers with or knowingly renders inoperable any GCD, monitoring device or access point required under this Chapter shall be in violation of this Code and subject to the penalties herein.

10.02.150 Notification of Changes in FSE Facilities and Operations.

A. FSE permittees shall notify the Fog Manager at least sixty (60) days in advance of any facility expansion or remodeling, process modifications that may result in new or substantially increased FOG discharges, or a change in the nature of the discharge. Permittees shall notify the Town in writing of the proposed change and shall submit any information requested by the Town for evaluation of the effect of such change to the wastewater discharged by the FSE into the sewer system.

B. Any expansion or remodel requires an application and plan review submittal with the appropriate fees prior to any changes. Upon plan approval, construction permits shall be obtained from all applicable departments and public agencies.

10.02.160 Compliance Schedule Agreement (CSA).

A. Upon determination that a permittee is in non-compliance with the terms and conditions specified in its FOG Permit or any provision of this Chapter, or needs to construct or acquire and install a GCD, the FOG Manager may require the permittee to enter into a Compliance Schedule Agreement (CSA) with the Town.

B. The issuance of a CSA may contain terms and conditions including but not limited to requirements for audit of waste hauling records, BMPs and waste minimization practices, payment of fees, or other provisions to ensure compliance with this Chapter.

C. The FOG Manager shall not enter into a CSA until such time as all amounts owed to the Town, including user fees, non-compliance sampling fees or other amounts due are paid in full.

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D. If compliance is not achieved in accordance with the terms and conditions of a CSA during its term, the FOG Manager may recommend an order suspending or revoking the discharge permit pursuant to Section 10.02.260 of this Chapter or pursue other appropriate enforcement mechanisms.

10.02.170 Sewer System Overflows (SSOs), Public Nuisance Abatement, and Cost Recovery.

A. SSOs may cause threat and injury to public health, safety, and welfare of life and property, cause detrimental impacts to the public sewer and are hereby declared public nuisances. FSEs found to have contributed to a sewer blockage, SSO, or any sewer system interferences resulting from the discharge of wastewater or waste containing FOG, may be subject to the following.

1. An administrative civil penalty as specified in Section 10.02.330;

2. Closure of all FSE operations that will further impact the SSO or other nuisance condition;

3. A requirement to immediately utilize a licensed professional clean up service contractor or similar qualified environmental cleanup service to abate all FOG or public sewer pollutants located at the surface that are deemed by the FOG Manager or Authorized Enforcement Officer to be a public nuisance;

4. Pass a clearance inspection conducted by the FOG Manager or Authorized Enforcement Officer clearing the FSE of further clean up requirements related to the SSO or FOG permit; and

5. Reimburse the Town for all expenses associated to the investigation and abatement action taken by Town staff or its contractors related to an SSO caused by a FSE.

B. Furthermore, sewer lateral failures and SSOs caused by FSEs alone or collectively, are the responsibility of the private property owner, the FSE, and any individual(s) that may be the owners or responsible parties of the FSE. If the Town must act immediately to contain and/or clean up an SSO caused by blockage of a private sewer lateral or building sewer system of a FSE, or at the request of the property owner or operator of the FSE, or because of the failure of the property owner or FSE to abate the condition causing immediate threat of injury to the health, safety, welfare, or property of the public, the costs for such abatement shall be entirely borne by the private property owner, the FSE, and any individual(s) that may be the owners or responsible parties of the FSE and may constitute a debt to the Town and become due and payable upon the Town’s request for reimbursement of such costs.

10.02.180 Notification of Spill.

A. In the event a permittee is unable to comply with any FOG Permit condition due to a breakdown of equipment, accidents, human error or the permittee has reasonable opportunity to know that their discharge will exceed the discharge provisions of the FOG permit, the discharger shall immediately notify the Town’s Code Enforcement, Public Works, or Building and Safety Departments by

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telephone. If the material discharged to the public sewer has the potential to cause or result in sewer blockages or SSOs, the discharger shall immediately notify the Town’s Public Works Department – Waste Water Division by telephone, or in person at Town Hall if such discharge is occurring during normal business hours, or the Town’s after hours emergency telephone number for discharges occurring when the Town is closed. The aforementioned contact information shall be printed upon the FSE’s FOG Permit
B. Notification shall also be made in writing to the FOG Manager at the address specified in the FOG Permit no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken by the FSE and the Town to immediately correct the problem, and what steps are being taken by the FSE to prevent the problem from recurring.

C. Notification shall not relieve the permittee of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the Town or any other damage or loss to person or property; nor shall such notification relieve the permittee of any fees or other liability which may be imposed by this Chapter or applicable law.

10.02.190 Food Grinders Prohibited
No Person shall install food grinders in the plumbing system of any FSE New Construction. All existing food grinders shall be removed from FSEs within one hundred eighty (180) days of the effective date of this Chapter.

10.02.200 Additives Prohibited
No Person shall introduce any additives into a FSE’s wastewater system for the purpose of emulsifying or biologically/chemically treating FOG for grease remediation or as a supplement to interceptor maintenance.

10.02.210 Unlawful Disposal of Cooking Oil
No Person shall dispose of waste cooking oil into sewer system pipes. All waste cooking oils shall be collected and stored properly in receptacles such as barrels or drums for recycling or other acceptable methods of disposal.

10.02.220 Unlawful Discharge from Dishwashers
No Person shall discharge wastewater from dishwashers to any GCD. Discharge of wastewater with temperatures in excess of one-hundred-forty (140) degrees Fahrenheit to any GCD is also prohibited.

10.02.230 Unlawful Discharge of Human Waste
No Person shall discharge waste from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease interceptor service.

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10.02.240 Unlawful Discharge of FOG
No Person shall discharge any waste, including FOG and solid materials removed from GCDs into the public sewer. Grease removed from GCDs shall be hauled away for disposal as part of the operation and maintenance requirements for all GCDs.

10.02.250 Dilution of Discharge Prohibited
No FSE shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Chapter or a FOG Permit.

10.02.260 FOG Permit Suspension and Revocation.

A. Determination of suspension or revocation. The Town Manager or their designee, upon the recommendation of the FOG Manager or an Authorized Enforcement Officer, may revoke or suspend any FOG Permit when they determine that a permittee:

1. Fails to comply with the terms and conditions of a CSA;

2. Knowingly provides a false statement, representation, record, report, or other document to the Town;

3. Refuses to provide records, reports, plans, or other documents required by the Town to determine permit terms or conditions, discharge compliance, or compliance with this Chapter;

4. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method;

5. Refuses reasonable access to permittee’s premises for inspection and monitoring purposes;

6. Does not make timely payment of all amounts owed to the Town for user charges, permit fees, or any other fees imposed pursuant to this chapter;

7. Causes interference, sewer blockages, or SSOs within the public sewer; or

8. Violates GCD maintenance requirements, any condition or limit of its FOG Permit or any provision of this Chapter.

B. Permit suspension and revocation process. When the Town Manger or their designee makes one or more of the determinations listed in Subsection (A) and therefore has reason to believe that grounds exist for suspension or revocation of a FOG Permit, he/she shall proceed as follows:

1. Notice. The Building Official or his designee shall give written notice of the proposed revocation or suspension by certified mail to the permittee setting forth a statement of the facts and grounds in support of revocation or suspension, also listing the time and place where the allegations and supporting evidence shall be heard by a hearing officer. The hearing date set forth in the written notice shall be not less than fifteen (15) calendar days and no more than forty-five (45) calendar days after the mailing of such notice.

2. Hearing. At the suspension or revocation hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by

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presenting written or oral evidence. The hearing officer shall not be bound by the formal rules of evidence but may receive all evidence which may be relevant to the proposed action. The permittee is entitled to be heard and may be represented by counsel. The hearing officer may continue the hearing from time to time but no more than a total of sixty (60) days.

Additional written procedures for conduct of such hearings may be established by the Town Manager, approved by the Town Attorney, and shall be provided to the permittee with notice of the proposed action and hearing. Should the hearing officer determine not to suspend or revoke the permit, they may order additional enforcement actions, including but not limited to, a temporary suspension of the FOG Permit under terms and conditions that they deem appropriate given the facts and circumstances of the matter and that which supports the intent of this Chapter. Such other enforcement actions or the terms and conditions of any temporary suspension order shall be specified in the written decision of the hearing officer.

3. Written decision and order. The hearing officer shall issue their decision and order in writing within thirty (30) calendar days after the conclusion of the hearing. The written decision and order of a hearing officer shall be sent by certified mail to the permittee or the permittee’s legal counsel or representative at their respective business addresses.

4. Effect. Upon final order of suspension or revocation, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any wastewater containing FOG directly or indirectly into the public sewer for the term of the suspension, or in the event of a revocation, until such time as a new FOG Permit is applied for and approved by the Town. Nothing in this Section shall be construed as requiring the Town to issue a FOG Permit following an order of revocation. Any owner or responsible employee of the permittee shall be bound by the order of suspension or revocation and all costs for physically terminating and reinstating sewer service shall be borne by the permittee. Any future application for a FOG Permit at any location within the Town made by any person associated with an order of suspension or revocation may be denied by the Town after fully reviewing the records of the suspended or revoked permit and all pertinent findings.

5. Appeal. Any decision and written order issued by the Hearing Officer under this Section shall become final in all respects unless it is appealed to the Town Council in accordance with the provisions set forth in Chapter 2.04 of this Code.

10.02.270 Emergency Suspension or Termination Order.

A. By order of the Town Manager or their designee, any Authorized Enforcement Officer may immediately suspend or terminate sewer service on an emergency basis when the Building Official, Town Engineer, FOG Manager or Code Enforcement Manager determines that such suspension is necessary in order to stop an actual or impending discharge or SSO which presents or may present an

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imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause SSOs, sewer blockages, interference to the sewer system, or other public sewer facilities, or may cause the Town to violate any State or Federal law or regulation. Any person notified of an Emergency Suspension Order shall immediately cease and desist the discharge of all wastewater containing FOG to the public sewer or into a drainage course, storm drain, or otherwise uncontrolled onto any property.

B. In the event any FSE, permittee or discharger fails to comply voluntarily with the Emergency Suspension Order, the Town Manager or their designee shall take such steps as they deem necessary, including immediate physical disconnection from the public sewer connection to prevent or minimize damage to the environment, the public health and welfare, the sewer system or any other public sewer facilities.

C. As soon as reasonably practicable following the issuance of an Emergency Suspension Order, but in no event more than five (5) business days following the issuance of such order, a hearing officer shall hold a hearing to provide the FSE, permittee or discharger the opportunity to present information in opposition to the issuance of the Emergency Suspension Order. Such a hearing shall not stay the effect of the Emergency Suspension Order. The hearing shall be conducted in accordance with procedures established by the Town Manager and approved by the Town Attorney. The hearing officer shall issue a written decision and order within two (2) business days and shall be sent by certified mail to the permittee or discharger or their legal counsel or representative at their respective business address. The decision of the hearing officer following the hearing shall be final and not appealable to the Town Council.

10.02.280 Assessment of Charges and Damage or Interruption to Facilities or Operations.

A. Any person violating any of the provisions of this Chapter or who discharges FOG or other wastes in violation of any conditions of its permit, and whose discharge causes or contributes to any blockage or obstruction of the public sewer, damage to public or private property, or any other impairment of the operation of the Town’s sewer facilities, shall be liable for all costs required to clean or repair the sewer facilities, together with any expenses incurred by the Town to resume normal operations. The total amount shall be payable by the violator within forty-five (45) days of invoicing by the Town. Such costs are payable in addition to any other applicable penalties provided by this Chapter.

B. Any person or FSE who discharges a waste which can be shown to have caused or significantly contributed to the Town violating its waste discharge requirements or incurring additional expenses or suffering losses or damage to its sewer system or any public sewer facilities, including those owned, operated or regulated by VVWRA or other regulatory agencies, shall be liable for any costs or expenses incurred by the Town, including but limited to, regulatory fines, penalties, and assessments imposed on the Town by other agencies.

10.02.290 Termination of service.

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A. The FOG Manager or Public Works Manager, by order of the Town Manager or their designee, may physically terminate sewer service to any property for the following reasons:

1. Pursuant to any order of suspension or revocation of a FOG Permit; or

2. The failure of any person not holding a valid FOG Permit to immediately cease the FOG discharge, whether direct or indirect, to the public sewer after notice and the completion of any process pursuant to Section

10.02.270 of this Chapter.

B. All costs for physical disconnection and all costs for reinstating service shall be paid by the property owner, business owner, operator, or permittee.

10.02.300 Enforcement mechanisms.

A. In order for the Town to comply with the laws, regulations, and rules imposed upon it by regulatory agencies and to ensure that the public sewer system is protected and is able to operate with the highest degree of efficiency, and to protect the public health and environment; the Town Council finds that specific enforcement provisions are needed to govern FSEs discharges to the public sewer. The Sections contained within this Chapter are meant to establish enforcement mechanisms to achieve a maximum degree of compliance with this Chapter. In its sole discretion and subject to the provisions of this Chapter, the Town may implement the use of any such enforcement mechanisms or use several mechanisms concurrently to enforce the provisions of this Chapter and/or any FOG Permit issued hereunder. The enforcement mechanisms provided in this Chapter may be cumulative with respect to other enforcement mechanisms or civil and criminal penalties as may be otherwise available under state or federal laws.

B. Nothing in this Chapter is intended to prevent state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of this Chapter which also constitutes a violation of federal or state statutes and regulations, such as:

1. The Clean Water Act (33 USC Section 1251 et seq.);

2. The California Porter-Cologne Water Quality Act (California Water Code Section 13000 et seq.);

3. The California Hazardous Waste Control Law (California Health and Safety Code Sections 25100 through 25250);

4. The Resource Conservation and Recovery Act (42 USC Section 6901 et seq.);

5. California Government Code (Government Code) Sections 54739 through 54740.6; and

6. Any referenced state and federal laws, along with other pertinent laws, establishing the Town’s authority and the enforcement mechanisms herein.

10.02.310 Violations and penalties.

A. Any person violating any of the provisions of or failing to comply with any of the requirements of this Chapter, a FOG Permit issued hereunder or the FOG Control

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Program shall be guilty of an infraction or misdemeanor in accordance with Title 1 of this Code and subject to the penalty provisions set forth therein. Criminal citations may be issued by any authorized enforcement officer.

B. Any person violating the provisions of this Chapter, a FOG Permit issued hereunder, or the FOG Control Program may be issued an administrative citation by an authorized enforcement officer in accordance with Section 10.03.320 of this Chapter and Chapter 1.01 of this Code.

C. Any person violating the provisions of this Chapter, a FOG Permit issued hereunder or the FOG Control Program may further be subject to any of the enforcement mechanisms and other remedies and penalty provisions as specified in Sections 10.03.320 through 10.03.360 of this Chapter.

D. Each and every day such condition or violation continues shall be regarded as a new and separate offense.

E. In addition to any other remedy specified in this Chapter, or otherwise provided at law or in equity, any provision of this Chapter may be enforced by injunction issued by the courts upon a civil suit brought by the Town.

10.02.320 Administrative Citations.

To address minor violations of this Chapter and as deemed appropriate by the FOG Manager or other Authorized Enforcement Officers, civil penalties may be assessed using an administrative citations procedure in accordance with the provisions of Chapter 1.01 of this Code. This enforcement mechanism shall be separate and distinct from the administrative complaint and administrative civil penalty procedure set forth in Section

10.02.330 of this Chapter.

10.02.330 Administrative Complaint and Administrative Civil Penalties.

A. Except for Subsections (D)(3) and (D)(4) herein below, under the authority of Government Code Sections 54739, 54740.5 and 54740.6 the Town may issue an administrative complaint upon any person who has violated any provision of this Chapter; any permit condition, prohibition, or effluent limit; or any suspension, revocation or other order issued hereunder. Alternatively, and at the discretion of the FOG Manager, the Town may issue an administrative citation to the FSE for violations of Subsections (D)(3) and (D)(4) in the amounts prescribed therein. The issuance of said administrative citation shall follow the procedures in accordance with Chapter 1.01 of this Code.

B. The administrative complaint shall be served by personal delivery or certified mail upon the person subject to the Town’s discharge requirements and will advise the person served that the Town will conduct a hearing within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation(s), set forth the provisions of law authorizing civil liability to be imposed and the proposed administrative civil penalty.

C. The hearing shall be conducted by a hearing officer. At the hearing, the person served shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with procedures to be established by the Town

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Manager and approved by the Town Attorney. Persons to whom administrative complaints have been issued may waive the right to a hearing, in which case a hearing shall not be conducted. Any Person dissatisfied with the decision of the Hearing Officer may appeal such decision to the Town Council by filing written notice with the Town Clerk specifying the grounds for such appeal within fifteen (15) days of notice of the Hearing Officer’s decision and in accordance with Chapter 2.04 of this Code.

D. If after the hearing, or appeal, if any, it is found that the person violated reporting or discharge requirements, the Hearing Officer or the Town Council in the event of an appeal, may assess an administrative civil penalty against that Person. In determining the amount of the administrative civil penalty, the Hearing Officer or the Town Council in the event of an appeal may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the Person. Administrative civil penalties may be imposed as follows:

1. An amount not to exceed $1,000.00 per day for failing to obtain or refusing to renew a FOG Permit;

2. An amount not to exceed $2,000.00 per day for failing or refusing to furnish or maintain Grease Interceptor or Grease Trap service monitoring reports or manifests;

3. An amount not to exceed $3,000.00 per day for failing or refusing to comply with the established Grease Interceptor or Grease Trap maintenance service schedule established by the Fog Manager and as stated on the FOG permit;

4. An amount not to exceed $5,000.00 per occurrence of a Sewer System Overflow (SSO);

5. An amount not to exceed $10,000 per occurrence of a Sewer System Overflow (SSO) where the FSE has been issued a revocation, suspension, or cease and desist order by the FOG Manager, Building Official or their designee or other orders, or prohibition issued, reissued or adopted by the Town.

E. All monies collected under this Section shall be deposited in a special account of the Town and used for the purposes specified in Government Code Section 54740.5.

F. Unless appealed, orders issuing administrative civil penalties shall become effective and final upon issuance thereof and payment shall be made to the Town within thirty (30) days. Copies of these orders shall be served by personal service or registered mail upon the Person served with the administrative complaint and upon any other persons who appeared at the hearing and requested a copy.

G. The Town may elect to petition the Superior Court to confirm any order assessing administrative civil penalties and enter judgment as set forth Government Code Section 54750.

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H. Any Person aggrieved by a final order issued by the Town or the imposition of administrative civil penalties may appeal such orders or penalties in accordance with Chapters 1.01 and 2.04 of this Code.

I. The amount of any civil penalties imposed under this Section which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the Discharger from which the violation occurred resulting in imposition of the penalty. The Town shall cause the amount of uncollected penalties to be recorded with the County Recorder in accordance with Government Code Section 54740.5.

J. No administrative civil penalties shall be recoverable under this Section for any violation for which the Town has recovered judicial civil penalties through a proceeding filed pursuant to Government Code Section 54740 and Section

10.02.340 of this Chapter.

10.02.340 Judicial Civil Penalties.

Any person who intentionally or negligently violates any provision of this Chapter or any provision of any FOG Permit issued hereunder shall be civilly liable to the Town in a sum not to exceed $25,000 per day for each and every day during any portion of which any violation of this Chapter is committed, continued, or permitted by such person. The Town may petition the Superior Court pursuant to Government Code Section 54740 to impose, assess, and recover such sums. No judicial civil penalties shall be recoverable under this Section for any violation for which the Town has recovered administrative civil penalties under Government Code Section 54740.5 and Section 10.02.330 of this Chapter.

10.02.350 Injunctive Relief.

Whenever a discharge of wastewater is in violation of the provisions of this Chapter, the Town may petition the Superior Court for issuance of a preliminary of permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.

10.02.360 Payment of charges.

A. Except as otherwise provided in this Chapter, all fees, charges and penalties established by this Chapter are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five (45) days after date of such notice B. After the delinquency date, unpaid fees, charges, fines and penalties shall constitute a debt to the Town and may also be assessed on the annual business license. Such debt shall be due upon renewal of the annual business license. No business license shall be issued or renewed until this debt has been paid in full.

Operation of an unlicensed business shall be enforced pursuant to the provisions set forth in Title 5 of this Code.”
SECTION 6. Revisions. The changes made to Sections 10.01.010 and 10.01.070 of the Town of Apple Valley Municipal Code are shown in Exhibit A attached hereto.

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SECTION 7. CEQA. The Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State Guidelines to Implement CEQA, which states that actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment are exempt from CEQA review.

SECTION 8. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Town Council of the Town of Apple Valley hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 9. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 10. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under section 36933 of the Government Code of the State of California.

Ordinance No. 564
APPROVED, AND ADOPTED by the Town Council of the Town of Apple Valley, California, at a regular meeting held on the 28th day of February 2023.

Scott Nassif, Mayor
ATTEST:

La Vonda M-Pearson, Town Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT
Thomas A. Rice, Town Attorney Douglas B. Robertson, Town Manager

Town Council Agenda Report
Date: February 28, 2023
To: Honorable Mayor and Town Council
Subject: RATE ADJUSTMENTS TO PROFESSIONAL SERVICES

AGREEMENT WITH CHARLES ABBOTT ASSOCIATES FOR TOWN

ENGINEERING AND BUILDING AND SAFETY SERVICES
From: Douglas Robertson, Town Manager
Submitted by: Orlando Acevedo, Assistant Town Manager
Municipal Services
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve the Rate Adjustment to the Professional Services Agreement with Charles Abbott Associates, Inc., for Engineering and Building and Safety Services.

BACKGROUND
Charles Abbott Associates (CAA) has served as the Town Engineer and Town Building Official, providing engineering services, capital project management, land subdivision, building plan check, and inspection services since 1990 in a thorough, competent and professional manner.

CAA also acts as the Town’s liaison with various agencies advocating for the Town’s position on projects and programs of interest and attends meetings with various State and local agencies.

ANALYSIS
CAA is proposing to phase this new rate increase over a two-year period; with a ten percent increase in 2023 and a five percent increase in 2024. CAA’s rates were last adjusted in July 2020, the first-rate adjustment since 2005.

Commensurate of the services provided by CAA along with a marked increase in entitlement and permit fee revenues received through the first six months of the fiscal year, staff recommends Town Council approval of the CAA Fee Schedules included as Attachments A and B.

FISCAL IMPACT
Funding has been included in the FY 2022-23 budget for Engineering and Building and Safety Services and the new rates will be included in the upcoming FY 2023-24 and FY2024-25 budgets.

ATTACHMENTS
A. Proposed Engineering Rate Schedule
B. Proposed Building and Safety Rate Schedule

Town Council Agenda Report
Date: February 28, 2023
To: Honorable Mayor and Town Council
Subject: BEAR VALLEY ROAD BRIDGE OVER THE MOJAVE RIVER
REHABILITATION PROJECT – UTILITY AGREEMENT NO. 2030.06.

From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve Utility Agreement No. 2030.06 with San Bernardino County Service Area 64 for the Bear Valley Road Bridge over Mojave River Rehabilitation Project, subject to approval as to form by the Town Attorney and as to content by the Town Manager.

BACKGROUND
In 2014, the Town retained the services of Dokken Engineering for alternative analysis and selection, preliminary design, environmental study, CEQA/NEPA documentation and approval, final design, right of way services, funding assistance, and coordination with various stakeholders.

Utility relocation, in particular the large Southern California Edison (SCE) Transmission lines and towers, and the San Bernardino County Service Area 64 (CSA-64) water mainline, is a very large component of the project and have been internally split into Phase 1 (embankment and water line relocation) that will allow for the SCE relocation and Phase 2 (bridge and roadwork). Phase 1 construction is expected to start in the Fall of 2023 and be completed by the Spring of 2024.

ANALYSIS
In preparation for the CSA-64 relocation work, a Utility Agreement has been prepared between the Town of Apple Valley and CSA-64, and approved by Caltrans, to formalize the relocation funding commitments between the two parties. The Utility Agreement states that the existing facilities are located in their present position pursuant to rights superior

to those of the Town and will be relocated at the Town’s expense. The Agreement also states that all construction work will be performed by the Town and that the Inspection work shall be performed by the CSA 64. The Town’s funding sources are the Highway Bridge Program (HBP) grant (88.53%) and Local Measure I (11.47%).

FISCAL IMPACT
The relocation work, and its respective cost, is covered in the Utility Agreement. The estimated total amount necessary for the CSA-64 relocation is $1,600,000.00 and the costs are as follows:
 Utility Agreement No. 2030.06
o Waterline relocation $ 930,000.00
o Embakment $ 630,000.00
o Inspection $ 40,000.00
Estimated Total $1,600,000.00
Funding for this project includes the HBP’s grant of $1,416,480.00 (88.53%) and Local Measure I of $183,520.00 (11.47%). These amounts are reflected in the budget for FY 22/23.

ATTACHMENTS

1. BVB - SB CSA64 - Utility Agreement 2030-06

2. Map Exhibit

Local Assistance Procedures Manual EXHIBIT 14-F
Utility Agreements
Exhibit 14-F Utility Agreements

UTILITY AGREEMENTS
Town of Apple Valley

UTILITY AGREEMENT
County Route P.M. Project #
SBD Local N/A DE: 2030
Fed. Aid. No. 5453(018)
Owner's File - 2030
FEDERAL PARTICIPATION: On the Project: Yes
On the Utilities: Yes
UTILITY AGREEMENT NO. 2030.06
The Town of Apple Valley hereinafter called "LOCAL AGENCY" proposes to widen, rehabilitate, and seismically retrofit the Bear Valley Road Bridge (54C-0086) over the Mojave River and improve approach roadways from Mojave Fish Hatchery Road to Jess Ranch Parkway on Bear Valley Road in the Town of Apple Valley, San Bernardino County, California.

And: San Bernardino County Service Area 64
hereinafter called "OWNER," owns and maintains water facilities; within the limits of LOCAL AGENCY’s project that requires relocation of said facilities to accommodate LOCAL AGENCY’s project.

It is hereby mutually agreed that:

I. WORK TO BE DONE:

In accordance with Notice to Owner No. 2030.06 dated November 9, 2022, LOCAL AGENCY shall relocate OWNER's potable water facilities as shown on LOCAL AGENCY's contract plans Phase I: Site Preparation Project for the improvement of Bear Valley Road, which by this reference are made a part hereof. OWNER hereby acknowledges review of LOCAL AGENCY's plans for work and agrees to the construction in the manner proposed.

Deviations from the plan described above initiated by either the LOCAL AGENCY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the LOCAL AGENCY and agreed to/acknowledged by the OWNER, will constitute an approved revision of the plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner.

Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to inspect the work during construction.

LPP 07-04 September 28, 2007

EXHIBIT 14-F Local Assistance Procedures Manual
Utility Agreements
Upon completion of the work by LOCAL AGENCY, OWNER agrees to accept ownership and maintenance of the constructed facilities, and relinquishes to LOCAL AGENCY ownership of the replaced facilities except in the case of liability determined pursuant to Water Code 7034 or 7035.” II. LIABILITY FOR WORK
Existing facilities are located in their present position pursuant to rights superior to those of the LOCAL AGENCY and will be relocated at LOCAL AGENCY’s expense.

III. PERFORMANCE OF WORK
OWNER shall have access to all phases of the relocation work to be performed by LOCAL AGENCY, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the Highway Construction Contract; however, all questions regarding the work being performed will be directed to LOCAL AGENCY's Resident Engineer for their evaluation and final disposition.

Use of personnel requiring lodging and meal “per diem” expenses will not be allowed without prior written authorization by LOCAL AGENCY’s representative. Requests for such authorization must be contained in OWNER’s estimate of actual and necessary relocation costs. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the California Department of Human Resources travel expense guidelines.

Work performed by OWNER’s contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements; but, work performed directly by Owner’s employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above.

IV. PAYMENT FOR WORK
The LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission (PUC), Federal Energy Regulatory Commission (FERC) or Federal Communications Commission (FCC), whichever is applicable.

It is understood and agreed that the LOCAL AGENCY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the LOCAL AGENCY for all accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER.

Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit itemized progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this

LPP 07-04 September 28, 2007 Page 56 of 107
Local Assistance Procedures Manual EXHIBIT 14-F
Utility Agreements
Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by LOCAL AGENCY of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement.

The OWNER shall submit a final bill to the LOCAL AGENCY within 180 days after the completion of the work described in Section I above. If the LOCAL AGENCY has not received a final bill within 180 days after notification of completion of OWNER’s work described in Section I of this Agreement, and LOCAL AGENCY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER’s facilities; LOCAL AGENCY will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law that all remaining costs will be deemed to have been abandoned.

The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the LOCAL AGENCY shall not pay final bills, which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by LOCAL AGENCY. Except, if the final bill exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation.”
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNERS final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of LOCAL AGENCY.

Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit in accordance with Contract Cost Principals and Procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31 by LOCAL AGENCY and/or Federal Auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2 CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement.

V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of LOCAL AGENCY's request of March 31, 2021 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement.

LPP 07-04 September 28, 2007 Page 57 of 107
EXHIBIT 14-F Local Assistance Procedures Manual
Utility Agreements
If LOCAL AGENCY’s project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, LOCAL AGENCY will notify OWNER in writing, and LOCAL AGENCY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement.

All obligations of LPA under the terms of this Agreement are subject to the acceptance of the Agreement by LPA Board of Directors or the Delegated Authority (as applicable), the passage of the annual Budget Act by the State Legislature, and the allocation of those funds by the California Transportation Commission.

OWNER shall submit a Notice of Completion to the LOCAL AGENCY within 30 days of the completion of the work described herein.

OWNER understands and acknowledges that this project is subject to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance. OWNER hereby certifies that in the performance of this Agreement, for products where BA requirements apply, it shall use only such products for which it has received a certification from its supplier, or provider of construction services that procures the product certifying BA compliance. This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department’s guidelines for the implementation of BA requirements for utility relocations issued on December 3, 2013.

If, in connection with OWNER’s performance of the Work hereunder, LOCAL AGENCY provides to OWNER any materials that are subject to the Buy America Rule, LOCAL AGENCY acknowledges and agrees that LOCAL AGENCY shall be solely responsible for satisfying any and all requirements relative to the Buy America Rule concerning the materials thus provided (including, but not limited to, ensuring and certifying that said materials comply with the requirements of the Buy America Rule).

LOCAL AGENCY further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, “Guidance”) issued by LOCAL AGENCY and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Not withstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER’s actions are in compliance with the Guidance.

LPP 07-04 September 28, 2007 Page 58 of 107
EXHIBIT 14-F Local Assistance Procedures Manual
Utility Agreements
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.

LOCAL AGENCY OWNER
By: By:

Scott Nassif Dawn Rowe
Town of Apple Valley - Mayor Chair, Board of Supervisors on Behalf of CSA 64

Date: Date:

San Bernardino County Service Area 64 and Town of Apple Valley Cost Estimate Overview Work to be Done Liable for Work Performance of Work Payment for Work CSA 64 Waterline
Relocation 100% Town Town $ 930,000
Embankment
supporting utility
relocations
100% Town Town $ 630,000
Waterline Inspection 100% Town San Bernardino County $ 40,000 Total $ 1,600,000
*San Bernardino County to bill the Town of Apple Valley for inspection related work only.

Distribution: 1) Owner, 2) Utility Coordinator, 3) DLAE –File, 4) District Utility Coordinator – File

September 28, 2007 LPP 07-04 Page 59 of 107

1. Map Exhibit.

Town Council Agenda Report
Date: February 28, 2023
To: Honorable Mayor and Town Council
Subject: CHANGE OF OWNERSHIP, RELEASE OF ORIGINAL SECURITIES,

APPROVE NEW AGREEMENTS AND SECURITIES FOR TRACT MAP
NO. 17247

From: Douglas Robertson, Town Manager
Submitted by: Michael Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve new securities and agreements, subject to approval as to form by the Town Attorney and as to content by the Town Manager, reflecting 100% security for the remaining improvements yet to be completed for Tract Map No. 17247.

BACKGROUND
When Town Council accepted the final map for Tract Map No. 17247 on December 11, 2007, the construction agreements and securities for various improvements were required for improvements not constructed at that time. The original developer, Apple Valley 130, LLC, has sold the tract to a new developer, LGI Homes Corporate, LLC. As part of the transfer of ownership, the new developer is requesting approval of new agreements and securities for the required improvements yet to be completed to Town standards.

The securities and agreements will remain in place until all public improvements within Tract Map No. 17247 are complete and eligible for the one-year maintenance period to begin. Per the Agreement, the Developer has two years to complete the improvements from the time of the change of ownership approval; the new owner has stated their intent to complete these improvements within this time frame.

ANALYSIS
The following is a summary of the new securities with their amounts to secure the remaining work to be completed:

Performance Labor and Materials
Street/Storm Drain Improvements $3,089,542 $1,544,771
Sewer Improvements $378,817 $189,409
Water Improvements $504,095 $252,047
Landscape Improvements $706,000 $353,000
Rough Grading $23,100 $11,550
Monumentation $12,800 cash deposit

FISCAL IMPACT
N/A

ATTACHMENTS
Location Map
Tract Map No. 17247

Town Council Agenda Report
Date: February 28, 2023
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. 2023-07, 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 Public Information Office, recommends adding the following new classification to the published classification and salary plan for future department development.
 Graphic Designer – salary range 55: $5,217 – $7,372 monthly

FISCAL IMPACT
There is no cost associated with the recommended amendments to the classification and salary plan. New position will be subject to budget approval before being filled.

ATTACHMENTS
A. Resolution 2023-07
B. Graphic Designer job description
C. Updated Classification and Salary Plan

RESOLUTION NO. 2023-07

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 classification as shown in Attachment B.

Section 3. The Town Council hereby amends existing job classification as shown in Attachment B.

Section 4. The Town Council hereby adopts the revised classification and salary as shown in Attachment C.

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 28th day of February 2023.
_____________________________________
Scott Nassif, Mayor
ATTEST:
______________________________
La Vonda M-Pearson, Town Clerk

Resolution No. Town of Apple Valley Page 1 of 3
FLSA: Non-Exempt*

Graphic Designer

SUMMARY
Under general supervision, designs a variety of professional and complex computer-generated graphics, illustrative and photographic materials and prepares accurate typesetting of forms, flyers, bulletins, reports, marketing materials, publications and other documents, for internal Town departments with a focus on creative content development; Promotes the Town’s public relations and branding; disseminates information to the Community; assists in the production of regular and special Town publications; performs related duties as required.

SUPERVISION RECEIVED AND EXERCISED
Receives direct supervision from the Public Information Officer. 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:
 Develops the overall layout and production design for advertisements, brochures, flyers, digital media, magazines, website, presentations and more.  Creates visual representations, in both print and electronic media, from ideas and concepts.  Receives inquiries and provides information to the public and media regarding general and fact-based topics by sending out news releases or responding via telephone or the Citizen Request Management system.
 Assists with the development and coordination of special projects including developing marketing materials to recruit volunteers, writing, and designing sponsorship packages, and communicating with potential sponsors.
 Prepares written publicity materials, such as letters, brochures, flyers, fact sheets, pamphlets, and newsletters.
 Responds to internal work requests for marketing materials or other publications related to special programs or events by designing, writing, and editing or updating new and previously created material.
 Updates and maintains project files, appropriate Town website pages, Town kiosk, photo archives, and historical archives.
 Ensures projects are completed with high quality and on schedule.  Prioritizes and manages multiple projects within design specifications.  Works with a wide range of media and uses graphic design software.  Creates web and social media content, as required.
 Works with departments to establish guidelines and standards for content.  Ensures the clear, comprehensive, and accurate presentation of the Town’s on-line presence.

Resolution No. Town of Apple Valley Page 2 of 3
 Performs other duties as assigned.

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 the completion of the twelfth (12th) grade and two (2) years of college coursework in graphic design, marketing, communications, public relations, or a related field, and two (2) years of experience in computer aided graphics design utilizing computer software programs.

Previous experience with Photoshop, Illustrator, In Design, and Procreate is highly desired.

LICENSE AND CERTIFICATION REQUIREMENTS
 Valid California class C driver’s license with satisfactory driving record and automobile insurance.

Knowledge of:
 Principles, techniques, practices, and production equipment/materials used in graphic design.  Principles, practices, and techniques used in the conduct of an effective public information and publicity program for a Town or large public agency.  Principles, practices, and procedures related to marketing, media relations, reporting, and news writing.
 Principles, practices, and techniques of handling and reporting confidential or politically sensitive information.
 Equipment, materials, procedures, and standards regarding computerized typesetting.  Current design software and be skilled in every step of the design process, from concept to final deliverable.
 Principles of copy layout.
 Paper types and printing requirements.
 Customer service techniques.
 English usage, grammar, spelling, and punctuation.
 Town codes and ordinances, and administrative rules and regulations affecting departmental operations.
 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, and 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:
 Utilize various graphic software programs related to graphic design that are currently in use by the Town, including, but not limited to Photoshop, Illustrator, In Design, and Procreate.  Assist in planning, organizing, and coordinating a variety of public information, media, and legislative related activities and programs.
 Create aesthetically attractive and visually balanced documents.  Analyze situations and identify pertinent problems/issues, conduct research to gather relevant information, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.

Resolution No. Town of Apple Valley Page 3 of 3
 Analyze, interpret, summarize, and present administrative and technical information and data in an effective manner.
 Interpret, apply, and explain complex laws, codes, regulations, and ordinances.  Exercise discretion and maintain confidentiality in sensitive situations.  Maintain record keeping systems.
 Estimate time and materials needed for completion of work.  Understand and carry out complex oral and written instructions.  Follow written and oral instructions.
 Organize work and meet deadlines including adjusting to shifting priorities.  Establish and maintain cooperative relationships with all persons contacted in the course of work including fellow employees, users of services and outside vendors.  Communicate effectively both orally and in writing.
 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 attend special events requiring standing for extended periods of time, as well as walking between work and even areas, potentially traversing uneven terrain; vision to read printed materials and a computer screen; 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, controlled temperature conditions, and no direct exposure to hazardous physical substances; and partially in the field at Town events and are occasionally exposed to loud noise levels, cold and hot temperatures, and inclement weather conditions. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

May be required to work on evenings, weekends, and holidays to attend Town events. *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 $2,686 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: 02/28/2023

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 Supervisor 59 $5,759 to $8,138
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 $2,686 to $3,785
Custodian 31 $2,884 to $4,076

Effective: 02/28/2023

Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
Customer Service Representative 38 $3,429 to $4,845
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
Environmental Programs Coordinator 59 $5,759 to $8,138
Equipment Operator 48 $4,389 to $6,202
Event Assistant 28 $2,686 to $3,785
Event Coordinator 51 $4,727 to $6,679
Executive Assistant 54 $5,090 to $7,192
Finance Analyst 67 $7,017 to $9,915
Fiscal Services Supervisor 61 $6,051 to $8,550
Finance Manager 72 $7,939 to $11,218

Effective: 02/28/2023

Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
Fleet Mechanic 45 $4,076 to $5,759
Geographic Information Systems (GIS) Specialist 55 $5,217 to $7,372 Graphic Designer 55 $5,217 to $7,373
Golf Services Aide 28 $2,686 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 & Community Development Supervisor 65 $6,679 to $9,437 Housing & Community Development Technician 43 $3,879 to $5,482 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 $2,686 to $3,785
Lifeguard 31 $2,884 to $4,076
Maintenance Aide 28 $2,686 to $3,785

Effective: 02/28/2023

Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
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
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

Effective: 02/28/2023

Position Classification Range
Monthly
Salary Min To
Monthly
Salary Max
Town of Apple Valley Classification Plan FY 2022-2023
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 $2,686 to $3,785
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
Recreation Supervisor, Senior 59 $5,759 to $8,138
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: 02/28/2023

Town Council Agenda Report
Date: February 28, 2023
To: Honorable Mayor and Town Council
Subject: ADOPTION OF A RESOLUTION OF NECESSITY FOR THE

ACQUISITION BY EMINENT DOMAIN, OF A ROADWAY EASEMENT

AND A TEMPORARY CONSTRUCTION EASEMENT INTEREST IN

PORTIONS OF PROPERTY IDENTIFIED AS ASSESSOR PARCEL
NUMBERS 0399-261-01 AND 0399-261-08, LOCATED SOUTH OF

BEAR VALLEY ROAD, AND WEST OF JESS RANCH PARKWAY, FOR

THE BEAR VALLEY ROAD BRIDGE OVER THE MOJAVE RIVER

REHABILITATION PROJECT AND FINDING THAT THE ACQUISITION

IS COVERED BY THE MITIGATED NEGATIVE DECLARATION

PREVIOUSLY ADOPTED FOR THE PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Paula Pereira, Project Manager
Engineering Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
This item is for the Town Council to:
1) Conduct a hearing to consider the adoption of a Resolution of Necessity, including providing all parties interested in the affected property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the Resolution of Necessity;
2) Make the following findings as hereinafter described in this report:
a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owner; 3) Adopt Resolution of Necessity No. 2023-06 described as “A Resolution of Necessity for the Acquisition by Eminent Domain, of a Roadway Easement and a Temporary Construction Easement Interest in Portions of Property Identified as Assessor Parcel Numbers 0399-261-01 and 0399-261-08, Located South of Bear Valley Road, and West of Jess Ranch Parkway, for the Bear Valley Road Bridge over the Mojave River Rehabilitation Project, and Finding that the Acquisition is Covered by the Mitigated

Negative Declaration Previously Adopted for the Project.” A copy of the legal definitions, descriptions and depiction is attached as Attachment 1.

BACKGROUND
Project Description
The purpose of the project is to:

1. Rehabilitate and seismically retrofit the Bear Valley Road Bridge to address functional and structural deficiencies and to meet current design standards;

2. Widen the existing Bear Valley Road Bridge to provide a facility consistent with the Town’s standards for a “major divided arterial” which include six travel lanes, shoulders with designated bike lanes, a center median, and sidewalks;

3. Construct Class II bike lanes (included in the shoulder width), a sidewalk on the south side, and a Class I multi-use path on the north side.

Description of the Property to be Acquired

1. A Temporary Construction Easement consisting of 0.340 acres is required from Assessor Parcel Number 0399-261-01 to facilitate rehabilitation and construction of bridge improvements.

2. A Temporary Construction Easement consisting of 0.553 acres is required from Assessor Parcel Number 0399-261-08 to facilitate rehabilitation and construction of bridge improvements.

3. A Roadway Easement consisting of 0.021 acres is required from Assessor Parcel Number 0399-261-08 for roadway, bike lane and sidewalk improvements.

Hearings and Required Findings
The action requested of the Town Council at the conclusion of this hearing is the adoption of a Resolution of Necessity, authorizing the acquisition of real property interests by eminent domain. The property owner is Jess Ranch Development Company, Inc. This will be one permanent and two temporary easement acquisitions of portions of the property.

The property is further identified in the legal descriptions and depictions attached hereto as part of Attachment 1.

California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a resolution of

necessity, which resolution may only be adopted after the governing body has given each party with an interest in the affected property, or their representatives, a reasonable opportunity to appear and be heard on the following matters:

1. The public interest and necessity require the proposed project;

2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;

3. The real property to be acquired is necessary for the project; and

4. The offer of just compensation has been made to the property owner.

A notice of the hearing was sent by first class mail to the property owner and stated the Council’s intent to consider the adoption of a resolution, the right of the property owner to appear and be heard on these issues, and that failure to file a written request to appear would result in a waiver of the right to appear and be heard. The Town Council has scheduled this hearing at which all persons who filed a written request within 15 days of the date of notice was mailed may appear and be heard. The Town Council’s legal counsel mailed the required notice to the property owner on February 10, 2023, in accordance with California Code of Civil Procedure, section 1245.235.

The property owner was also invited to meet with the Town Council and Town of Apple Valley staff to address any concern the property owner may have with the design of the Project in the manner proposed and the necessity of the acquisition.

The four required findings are addressed as follows:

1. Public Interest and Necessity Require the Proposed Project According to the Caltrans Bridge Inspection Report (BIR) dated February 2014, the Bear Valley Road Bridge is Functionally Obsolete and Structurally Deficient. Also, the bridge does not currently meet geometric or structural standards set by the American Association of State Highway and Transportation Officials or design standards within the Town’s General Plan; including the Town’s plan for bike and pedestrian facilities. The project is needed to eliminate documented deficiencies and to meet current standards.

2. The Project is Planned or Located in a Manner That Will be Most Compatible with the Greatest Public Good and the Least Private Injury The project proposes to replace the Structurally Deficient and Functionally Obsolete portions of the existing bridge while maintaining its current alignment.

3. The Real Property to be Acquired is Necessary for the Project To reconstruct the bridge, temporary access to the river is necessary from the south and the north side of the existing bridge. Space adjacent to the bridge is necessary to temporarily set up and operate heavy equipment, such as cranes, while maintaining adequate clearance to the public. A permanent sidewalk is

necessary along the south side of the bridge to close the gap between existing sidewalks approaching the bridge.

4. The Offer of Just Compensation Has Been Made
The first written offer which included the amount of just compensation was supplied electronically and mailed to the owner of record on July 13, 2022.

Environmental Analysis
In December 2016 Caltrans approved the NEPA Categorical Exclusion. In March 2017 the Town of Apple Valley approved an Initial Study with a Mitigated Negative Declaration. Caltrans approved a re-validation of NEPA in January 2020. The Town approved an Addendum under CEQA on March 2020.

The currently proposed acquisition of one permanent and two temporary easements are necessary to implement the rehabilitation and widening of the Bear Valley Road Bridge and roadway, bike lane and sidewalk improvements which were analyzed in the 2017 MND and 2020 Addendum (together the “MND”). No subsequent negative declaration or environmental impact report is required pursuant to State CEQA Guidelines Section 15162 because the current action:
a) does not constitute substantial changes to the project that will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b) does not constitute substantial changes with respect to the circumstances under which the project is undertaken that will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; or c) does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the MND was adopted showing any of the following: (i) the current actions will have one or more significant effects not discussed in the MND; (ii) significant effects previously examined will be substantially more severe than shown in the MND; (iii) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the Council declined to adopt such measures; or (iv) mitigation measures or alternatives considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but which the Council declined to adopt.

FISCAL IMPACT
The funding sources for these property acquisitions are shown in the approved budget for Fiscal Year 22-23 and are as follows:
 88.53% from Highway Bridge Program (federal funds)
 11.47% from Local Measure I

NOTICE OF PUBLIC HEARING
A Notice of Hearing to Property Owner was mailed on February 10, 2023 to Jess Ranch Development Company, Inc., the owner of record. A notice was mailed to the address on record, as well as to the registered agent for service of process, regarding the property described herein.

ATTACHMENTS

1. Legal Definitions, descriptions and depictions of the property

2. Resolution of Necessity No. 2023-06

28314.00290\41010307.1

LEGAL DEFINITIONS
Town of Apple Valley
Mojave River Rehabilitation (Bridge) Project
As to Portions of APNs 0399-261-01 and 0399-261-08
“Roadway Easement” grants to the Town of Apple Valley (“Town”), including its successors and assigns, a non-exclusive permanent and perpetual easement, herein described together, with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and sue of the construction and maintenance of streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the Town, together with all necessary right incidental thereto on, over, under and across the property in connection with the exercise of any easement rights described herein. The property affected is described in Exhibit “A,” attached hereto and by reference made a part hereof.

Property owner grants to the Town the right to construct, reconstruct, repair, extend, maintain and traverse an access way to access the Town owned or public facilities, construction site, or right of way, as determined necessary by the Town, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein.

Property owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over or under any portion of the easement, or plant any tree or trees or plant any other vegetation or flora on any portion of the easement except at the written consent of the Town, its successors and assigns.

The Town shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time determined in its sole discretion without payment of any additional compensation.

No other easement or easements shall be granted on, under or over the easement without obtaining the prior written consent of the Town, its successors and assigns. “Temporary Construction Easement” (“TCE”) refers to the right of the Town, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights.

The rights under this easement shall commence on the Date of Possession and will extend for 5 years.

Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder.

EXHIBIT
"A"

v:\plans\dokken engineering\add topo files\new legals\0399-261-08\apn 0399-261-01 & 08 temp const exhibit a.doc EXHIBIT “A”

LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT
APN: 0399-261-01 & 08
BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 8633 IN THE TOWN OF APPLE VALLEY, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 88 OF PARCELS MAPS, PAGES 92 THOUGH 97, INCLUSIVE, RECORDS OF SAID COUNTY, LYING WITHIN THE LAND DESCRIBED AS PARCEL B IN CERTAIN CERTIFICATE OF COMPLIANCE NO. 2004-008 RECORDED MAY 26, 2004 AS INSTRUMENT NO. 2004-370698 OF OFFICIAL RECORDS AND PARTICULARLY DESCRIBED AS FOLLOWS:

THE NORTHERLY 38 FEET OF LAND DESCRIBED IN SAID PARCEL B.

CONTAINING 0.893 ACRES, MORE OR LESS.

SEE EXHIBIT “B” ATTACHED HERETO AND MADE APART HEREOF.

LUDWIG ENGINEERING ASSOCIATES, INC.

PREPARED BY ME OR UNDER MY SUPERVISION
Glen L Ludwig, RCE 13191 Date

RESOLUTION NO. 2023-06

RESOLUTION OF NECESSITY FOR THE ACQUISITION,

BY EMINENT DOMAIN, OF ROADWAY EASEMENT AND

TEMPORARY CONSTRUCTION EASEMENT INTERESTS

IN PORTIONS OF PROPERTY LOCATED SOUTH OF

BEAR VALLEY ROAD, AND WEST OF JESS RANCH

PARKWAY, FOR THE BEAR VALLEY ROAD BRIDGE

OVER THE MOJAVE RIVER REHABILITATION PROJECT,

AND FINDING THE ACQUISITION COVERED BY THE

MITIGATED NEGATIVE DECLARATION PREVIOUSLY

ADOPTED FOR THE PROJECT
WHEREAS, the Town of Apple Valley (the “Town”) proposes to acquire roadway easement and temporary construction easement interests in portions of property, located in the Town of Apple Valley, California, more particularly described as Assessor Parcel Nos. 0399-261-01 and 0399-261-08, for the construction and maintenance of bridge work for the Bear Valley Bridge over the Mojave River Rehabilitation Project, in Apple Valley, California, pursuant to the authority granted to it by section 37350.5 of the California Government Code, and; California Code of Civil Procedure sections 1240.110 and 1240.120; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 2100 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq.), and the Town’s local CEQA Guidelines (collectively, “CEQA”),the Town is the lead agency for the acquisition; and WHEREAS, pursuant to the requirements of Section 15063 of the State CEQA Guidelines, an Initial Study/Mitigated Negative Declaration was prepared and adopted in 2017 and an Addendum to the Mitigated Negative Declaration adopted in 2020 (together, the “MND”) for the Bear Valley Bridge over the Mojave River Rehabilitation Project; and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Town scheduled a Public Hearing for Tuesday, February 28, 2023 at 6:30 p.m., at the Apple Valley Town Hall, located at 14955 Dale Evans Parkway, Apple Valley, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Town and each affected property owner was afforded an opportunity to be heard on said matters; and

Resolution 2023-06
WHEREAS, the Town may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA, AS FOLLOWS:

SECTION 1. COMPLIANCE WITH CALIFORNIA CODE OF CIVIL
PROCEDURE. There has been compliance by the Town with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing.

SECTION 2. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. As the decision-making body for the project, the Town Council has reviewed and considered the information contained in the administrative record for the proposed acquisition. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Town Council, the Town Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the Town’s Local CEQA Guidelines. (2) The approval of the acquisition is covered by the Bear Valley Bridge over the Mojave River Rehabilitation Project evaluated in the adopted MND. No further environmental review is required for the project pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162. (3) The determination of CEQA compliance reflects the independent judgment of the Town Council.

SECTION 3. PUBLIC USE. The public use for which the roadway easement and temporary construction easement interests in portions of property are to be acquired is the construction and maintenance of bridge work for the Bear Valley Bridge over the Mojave River Rehabilitation Project, in Apple Valley, California. Section 37350.5 of the California Government Code authorizes the Town to acquire by eminent domain property necessary for such purposes.

SECTION 4. DESCRIPTION OF PROPERTY. Attached and marked as Exhibit “A” are the legal descriptions and plat maps of the real property to be acquired by the Town, which describe the general location and extent of the property with sufficient detail for reasonable identification.

SECTION 5. FINDINGS. The Town hereby finds and determines each of the following:
(a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury;

Resolution 2023-06
(c) The property described in Exhibit “A” is necessary for the proposed project; and
(d) The offer required by section 7267.2 of the California Government Code was made.

SECTION 6. USE NOT UNREASONABLY INTERFERING WITH EXISTING PUBLIC USES. Some or all of the real property to be acquired is subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the Town and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Town is authorized to acquire the herein described real property subject to such existing public uses pursuant to section 1240.510 of the California Code of Civil Procedure.

SECTION 7. MORE NECESSARY PUBLIC USE. Some or all of the real property to be acquired is subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Town finds and determines that the herein described use or uses are more necessary than said existing public use.

Counsel for the Town is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use.

SECTION 8. FURTHER ACTIVITIES. Counsel for the Town is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Town by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Town to take possession of and use said real property at the earliest possible time.

Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transaction required to acquire the subject real property.

SECTION 9. EFFECTIVE DATE. This Resolution shall take effect upon adoption.

Resolution 2023-06
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 28th day of February, 2023.
__________________________
Mayor, Scott Nassif
ATTEST
_____________________________
Town Clerk, La Vonda M-Pearson

Town Council Agenda Report
Date: February 28, 2023
To: Honorable Mayor and Town Council
Subject: FISCAL YEAR 2022-2023 MID-YEAR BUDGET REVIEW

From: Douglas Robertson, Town Manager
Submitted by: Sydnie Harris, Director of Finance
Finance
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. That the Town Council receive and file the Fiscal Year 2022-2023 Mid-Year Budget Review Report.

B. Approve Budget Amendment Number 2023-13 incorporating revenue and expenditure changes and carry forwards as proposed herein.

SUMMARY:

Town Council adopted the Fiscal Year 2022-23 Budget, effective July 1, 2022, with resolution number 2022-26 on June 28, 2022. The mid-year budget review is an opportunity for staff to use actual operating results of that budget through the first half of the fiscal year, as of December 31, 2022, to recommend adjustments of the budgeted forecasts to accommodate changes in revenue and expenditure estimates.

The primary purpose of this report is to provide a summarized update on the status of the Town’s budget, highlighting the changes, issues and opportunities that may need to be addressed through the halfway point of the fiscal year. The report also briefly reflects any changes in economic conditions that may have impacted the Town’s budget along with challenges the Town may need to address during the upcoming preparation of the Fiscal Year 2023-24 Operating and Capital Improvement Budget.

BACKGROUND:

The Town Council adopted the Fiscal Year (FY) 2022-23 Operating and Capital Improvement budget on June 28, 2022. The Adopted Operating and Capital Improvement budget is the Town’s one- year spending plan for FY 2022-23. It serves as a planning guide for the ensuing fiscal year and demonstrates progress towards implementation of the Town Council’s long-term

goals as outlined in the Vision 2020 plan. The adopted budget also demonstrates how established short- term goals and objectives will be implemented over the next year. It demonstrates how available resources are matched against the Town’s service priorities to provide essential services to the community. It underscores the Town’s continued commitment to provide more efficient services to residents and maintains adequate resources for unforeseen emergencies.

After adoption, financial events occur throughout the course of the year that impact upon the budget and the implementation of spending priorities outlined therein. These events necessitate adjusting the budget projections from time to time during the course of the fiscal year to keep thespending plan up-to-date based on current financial conditions.

In total, adjustments to the estimated revenue projections in the FY 2022-23 General Fund adopted budget amount to an increase of $746,000 and total expenditures are proposed to increase by $1,094,995 of which $606,461 is roll over budget from prior fiscal year for open purchase orders. On an “all funds” basis, total revenues are proposed to increase by $8,985,823 and total expenditures are proposed to increase by $9,400,934. These mid-year adjustments to the FY 2022-23 General Fund adopted budget will be considered by Council at its February 28th Town Council meeting and are summarized in Budget Adjustment number 2023-13 and Exhibit A attached hereto.

The below charts and summaries will reflect appropriation adjustments proposed by staff based on the year-to-date actuals as of December 31, 2022, departmental experience and/or historical data.

These appropriation adjustments are in addition to any the Council has already made throughout this fiscal year, which typically come up on an “as-needed” basis.

The focus of the mid-year budget review presentation is primarily the Town’s General Operating Fund revenues and expenditures. Most the Town’s operating expenditures are accounted for within this fund. Other special revenue fund budgets, such as the Community Development Block Grant (CDBG) or Home Funds, do not usually require adjustments at mid- year due to the specific nature of the resource allocations and program requirements. When revenues for these special revenue funds are not fully expended during the year, balances are carried forward for re-appropriation in the subsequent years’ budget process.

The total adopted General Fund expenditure budget for FY 2022-23 was $39.8 million. All Town departments have provided feedback to the Finance department regarding the status oftheir current year’s expenditures and budgetary performance as projected through the end of the fiscal year. The table below is a summary of the total resources and resource requirements for the adopted FY 2022- 23 General Fund budget by department:

TABLE 1
Based on staff’s analysis of the current year’s operating revenues and expenditures and based upon information and input provided by all departments, staff recommends the following adjustments to the FY 2022-23 budget highlighted below and as outlined in the attached Budget Adjustment Number 2023-13 (Only significant General Fund changes have been highlighted):

Revenues:

Sales Tax: Over the last ten fiscal years, sales and use tax revenue has increased on average 8.5% year over year. This average includes the volatile years during the pandemic and the subsequent upswing in this revenue source. The Town partners with HdL Companies, a leader in tax revenue forecasts since 1983, in order to have a professional opinion on the outlook of individualized industries in the upcoming months and their revenue generating ability. The HdL Companies, based on their ongoing quarterly analysis, has projected a leveling out of sales tax revenues in the next two fiscal years, forecasting no more the a 2.5% increase in sales tax dollars by year 2025. This is due to inflationary factors and the slowing of public spending.

Reimbursements: In late June 2022, the Town of Apple Valley received its second and last tranche FY 23 Revenue
Budget
FY 23
Expenditure
Budget
Mid-Year
Revenue
FY 23 PO
Rollover
FY 23 Mid-Year
Request
General Fund 44,791,750.00 45,537,750.00
1010 Town Council 269,108.00 269,108.00
1010 Town Manager 648,101.00 673,751.00
1020 Town Attorney 670,000.00 670,000.00
1050 Finance 1,214,500.00 1,214,500.00
1060 Town Clerk 759,698.00 776,698.00
1070 Public Information 403,759.00 431,359.00
1080 Human Resources 291,106.00 306,913.00
1090 IT 1,953,181.00 599,020.00 2,572,101.00
1200 General Government 3,948,180.00 3,948,180.00
2010 Public Facilities 1,670,036.00 1,736,136.00
2010 Public Safety 17,999,736.00 18,067,048.00
2020 ER Preparedness 28,300.00 28,300.00
2120/2130 Animal Services 2,500,734.00 2,564,024.00
3110 Code Enforcement 483,363.00 559,663.00
4010 Building & Safety 729,823.00 729,823.00
4310 Economic Development 232,035.00 242,135.00
4410 Engineering 791,634.00 794,634.00
4610 Planning 812,684.00 840,984.00
6190 Grounds 2,173,205.00 7,441.00 2,180,646.00
6640 Aquatic Programs 734,637.00 766,437.00
6670 Rec Programs 1,335,277.00 1,366,702.00
6820 Parks 146,873.00 151,823.00
Total 44,791,750.00 39,795,970.00 45,537,750.00 606,461.00 40,890,965.00

of President Joe Biden’s American Rescue Plan Act, also known as ARPA, grant dollars totaling $7.4 million. The Town has decided to use these dollars specifically in support of the Public Safety budget for this fiscal year.

Expenditures:

Due to the inflationary factors that have impacted the Country at large, the Town has had to increase its expenditure budget to cover the expanded costs of services.

Including all adjustments to revenues and appropriations, the General Fund budget for FY 2022-23 is estimated to be approximately $40.9 million. The following table is a summary of the total resources and resource requirements for the adopted FY 2022-23 General Fund budget including the adjustments as proposed:

TABLE 2
General Fund Summary
Estimated Revenues $ 42,306,850
Proposed Rev. Adjustments 746,000
Transfers In 2,484,900
Approp. From Fund Balance 0
Total Resources $ 45,537,750
Amended Budget $ 39,795,970
Prop. Approp. Adjustments 1,094,995
Total Adj. Appropriations $ 40,890,965
Increase to Fund Balance $ 4,646,785

SUMMARY
The FY 2022-23 budget was adopted with a $4.5 million increase in General Fund to available fund balance. Following the adoption of the budget, Council approved additional appropriations for various programs, services, and carryovers from FY 2021-2022. As of December 31, 2022, net revenue adjustments increased total available resources in the General Fund by $4,646,785.

Additionally, net appropriation increases in the General Fund amounted to $1,094,995. These proposed revenue and expenditure adjustments are outlined in Attachment B.

ALTERNATIVES CONSIDERED
No alternatives were considered.

FISCAL REVIEW
Attachment A summarizes the adopted adjustments in revenue estimates and appropriations (expenditures) to the current year’s adopted operating and capital improvement budget reviewed herein. The attached budget adjustment, 2023-13, summarizes the adopted increases in revenue estimates and appropriation adjustments.

Attachment B summarizes the changes in revenue estimates and budgetary performance for all departments and all funds reflective of all budget amendments previously approved by Council through December 31, 2022.

CONCLUSION
The attached budget adjustment (BA# 2023-13) and carry forwards proposed to Council for consideration at its February 28, 2023 Council Meeting summarize proposed changes in the adopted FY 2022-23 Operating Budget. Staff is committed to ensuring that the Town continues its conservative fiscal practices; adopts sound, responsible, financial plans; and maintains its highlevel of service delivery to the community in the most cost-effective and efficient manner possible.

ATTACHMENTS:

A. Mid-Year Budget Adjustment Detail 2023-13
B. Mid-Year Budget General Fund Adjustment Summary

FY 2022-2023 Mid Year Budget
Adjustment Detail
All Funds
Attachment A
Account Number FY23 BDGT Amount Change Amended
Budget

GENERAL FUND REVENUES
1001-0000-4095-0000 Transient Occupancy Tax 30,000 10,000 40,000 1001-0000-4181-0000 Refunds, Reimb, Rebates 40,000 125,000 165,000 1001-0000-6118-0000 Development Permit 25,000 25,000 50,000 1001-0000-6152-0000 Miscellaneous Revenue-Building & Safety 140,000 20,000 160,000 1001-0000-6158-0000 Plan Checks - Building and Safely 250,000 260,000 510,000 1001-0000-6172-0000 Site Plan Review 70,000 90,000 160,000 1001-0000-6192-0000 Use Permit 30,000 35,000 65,000
1001-0000-6550-0000 Solid Waste Franchise Fee 1,250,000 150,000 1,400,000 1001-6640-5145-0000 Evening Rec Swim 9,000 (3,000) 6,000 1001-6640-5160-0000 Morning Lap Swim 10,000 (2,000) 8,000 1001-6640-5170-0000 Open Rec Swim 35,000 (10,000) 25,000 1001-6640-5190-0000 Swim Lessons 50,000 (15,000) 35,000 1001-6670-5050-0000 Open Gym 12,000 5,000 17,000
1001-6670-5060-0000 Softball 4,000 (4,000) -
1001-6670-5210-0000 After School Program 349,000 50,000 399,000 1001-6670-5538-0000 PBID Marketing - 10,000 10,000
GENERAL FUND TOTAL REV BUDGET ADJUSTMENT 746,000
Account Number FY23 BDGT Amount Change Amended
Budget

GENERAL FUND EXPENDITURES
Town Council
1001-1010-7241-0000 Meetings & Conferences 35,000 (5,000) 30,000 1001-1010-7277-0000 Printing 4,000 5,000 9,000
-
Town Manager
1001-1030-7160-0000 PERS 114,039 25,650 139,689
25,650 25,650
Town Clerk
1001-1060-7160-0000 PERS 121,710 17,000 138,710
1001-1060-7205-0000 Advertising - Marketing 4,000 (500) 3,500 1001-1060-7253-0000 Mileage Exp/Allowance 700 500 1,200 17,000
Public Information
1001-1070-7160-0000 PERS 49,400 9,100 58,500
1001-1070-7289-0000 Subscriptions 250 500 750
1001-1070-7330-0000 Hardware/Software Supplies/Exp 500 1,000 1,500 1001-1070-7865-0000 Community Support 14,500 17,000 31,500 27,600
HR
1001-1080-7160-0000 PERS 42,927 8,600 51,527
1001-1080-7229-0000 Education & Training 3,600 3,000 6,600 1001-1080-7241-0000 Meetings & Conferences 4,650 375 5,025 1001-1080-7247-0000 Membership & Dues 935 382 1,317
1001-1080-7370-0000 Special Dept Supplies/Exp 1,030 450 1,480 1001-1080-8940-0000 Contract Services 2,000 3,000 5,000 15,807

FY 2022-2023 Mid Year Budget
Adjustment Detail
All Funds
Attachment A
Account Number FY23 BDGT Amount Change Amended
Budget
IT
1001-1090-8940-0000 Contract Services 878,268 18,000 896,268 1001-1090-9091-0000 Vehicle Maintenance - 1,900 1,900
19,900
Public Facilities
1001-1400-7180-0000 Uniform Expenses 5,600 500 6,100
1001-1400-7229-0000 Education & Training 3,025 700 3,725 1001-1400-7259-0000 Miscellaneous Costs 200 200 400
1001-1400-7265-0000 Office Supplies/Exp 675 100 775
1001-1400-7655-0000 Building Maintenance 106,800 60,000 166,800 1001-1400-7970-0000 Small Tools 1,350 600 1,950
1001-1400-9091-0000 Vehicle Maintenance 4,000 4,000 8,000 66,100
Public Safety
1001-2010-7271-0000 Postage 2,500 1,000 3,500
1001-2010-7655-0000 Building Maintenance 20,000 5,000 25,000 1001-2010-8936-0000 Cal-ID Systems 86,688 1,312 88,000
1001-2010-9052-0000 Gasoline, Diesel, Oil 200,000 60,000 260,000 67,312
Animal Services
1001-2120-7160-0000 PERS 116,965 18,000 134,965
1001-2120-9091-0000 Vehicle Maintenance 7,700 3,850 11,550 1001-2130-7160-0000 PERS 231,235 41,000 272,235
1001-2130-9091-0000 Vehicle Maintenance 880 440 1,320
63,290
Code Enforcement
1001-3110-7010-0000 Salaries Regular 208,655 50,000 258,655 1001-3110-7160-0000 PERS 51,183 20,000 71,183
1001-3110-7165-0000 Auto Allowance - 2,000 2,000
1001-3110-7166-0000 Phone Allowance - 300 300
1001-3110-7325-0000 Grafitti Removal & Supplies 25,000 11,000 36,000 1001-3110-8940-0000 Contract Services 100,000 (11,000) 89,000 1001-3110-9091-0000 Vehicle Maintenance 8,000 4,000 12,000 76,300
Economic Development
1001-4310-7160-0000 PERS 26,625 9,350 35,975
1001-4310-7265-0000 Office Supplies/Exp 250 750 1,000
10,100
Engineering
1001-4410-7265-0000 Office Supplies/Exp 300 3,000 3,300 3,000
Planning
1001-4610-7160-0000 PERS 93,876 25,000 118,876
1001-4610-7265-0000 Office Supplies/Exp 1,000 300 1,300 1001-4610-8968-0000 Filing Fees 10,000 3,000 13,000
28,300
Aquatic
1001-6640-7160-0000 PERS 20,653 6,300 26,953
1001-6640-7655-0000 Building Maintenance 25,000 25,000 50,000 1001-6640-8143-0000 Guard Start 500 500 1,000
31,800

FY 2022-2023 Mid Year Budget
Adjustment Detail
All Funds
Attachment A
Account Number FY23 BDGT Amount Change Amended
Budget
Recreation
1001-6670-7160-0000 PERS 108,480 7,650 116,130
1001-6670-8062-0000 Softball 3,225 (3,225) -
1001-6670-8250-0000 After School Program 30,000 15,000 45,000 1001-6670-8450-0000 Day Camp 22,500 10,000 32,500
1001-6670-8805-0000 Adventures in PW Sports 1,000 2,000 3,000 31,425
Parks
1001-6820-7160-0000 PERS 11,485 3,350 14,835
1001-6820-7265-0000 Office Supplies/Exp 1,250 600 1,850 1001-6820-9091-0000 Vehicle Maintenance 2,000 1,000 3,000 4,950
GENERAL FUND EXP BUDGET ADJUSTMENT 488,534 488,534
GENERAL FUND TOTAL PO ROLLOVER 606,461 606,461
GENERAL FUND TOTAL EXP BUDGET ADJUSTMENT 1,094,995
Account Number FY23 BDGT Amount Change Amended
Budget

ALL OTHER FUNDS REVENUES
Solid Waste
5510-0000-6550-0000 Solid Waste Franchise Fee 1,400,000 (1,400,000) - (1,400,000)
AVCE
5810-0000-4380-0000 AVCE Energy Generation Revenue 17,000,000 9,250,000 26,250,000 5810-0000-4382-0000 CRR Revenues 650,000 (650,000) -
8,600,000
Measure I
2021-0000-4181-0000 Refunds, Reimb, Rebates - 869,823 869,823 869,823
Article 3
2013-0000-4181-0000 Refunds, Reimb, Rebates - 170,000 170,000 170,000
ALL OTHER FUNDS TOTAL REV BUDGET ADJUSTMENT 8,239,823
Account Number FY23 BDGT Amount Change Amended
Budget

ALL OTHER FUNDS EXPENDITURES
Solid Waste
5510-7510-7010-0000 Salaries Regular 605,895 88,000 693,895 5510-7510-7180-0000 Uniform Expenses 2,400 800 3,200
5510-7510-7265-0000 Office Supplies/Exp 10,000 (4,000) 6,000 5510-7510-7277-0000 Printing 2,000 4,000 6,000
5510-7510-7277-4951 Printing - 839 839

FY 2022-2023 Mid Year Budget
Adjustment Detail
All Funds
Attachment A
Account Number FY23 BDGT Amount Change Amended
Budget
5510-7510-7370-0000 Special Department Supplies 5,000 5,000 5510-7510-8912-0000 Administration 1,890,000 (1,100,000) 790,000 5510-7510-8980-0000 Organic Recycling 34,600 200,000 234,600 5510-7510-9091-0000 Vehicle Maintenance 8,000 8,000
(797,361)
Wastewater
5010-4210-7277-0000 Printing 300 4,700 5,000
5010-4210-7295-0847 Utilities: Electricity Usage 8,000 37,000 45,000 5010-4210-7312-0000 Bad Debt - 10,000 10,000
5010-4210-7655-0000 Building Maintenance 12,500 6,000 18,500 5010-7510-8912-0000 Administration - 748,000 748,000
5010-4210-8940-0001 Contract Services - Sewer Inspection Fee - 35,000 35,000 5010-4210-8940-0002 Contract Services - Sewer Plan Check - 10,000 10,000 5010-4210-9078-0000 Safety Equipment 6,500 2,500 9,000
5010-4210-9091-0000 Vehicle Maintenance 20,000 10,000 30,000 5010-4210-9300-0000 Capital Projects 5,832,057 (750,000) 5,082,057 113,200
AVCE
5810-0000-7390-0000 Power Procurement 15,000,000 8,600,000 23,600,000 8,600,000
Gas Tax
2010-5010-7265-0000 Office Supplies/Exp 100 100 200
2010-5010-7330-0000 Hardware/Software Supplies/Exp - 3,000 3,000 2010-5010-7655-0000 Building Maintenance 12,500 2,500 15,000 2010-5010-7935-0000 Right-of-Way Maintenance 200,000 2,000 202,000 2010-5010-7970-0000 Small Tools 4,000 1,000 5,000
2010-5010-7995-4951 Transit Services 1,000 2,500 3,500
2010-5010-8964-0075 Engineering Cont - Traffic 130,000 100,000 230,000 2010-5010-9078-0000 Safety Equipment 3,000 1,500 4,500
2010-5010-9091-0000 Vehicle Maintenance 20,000 15,000 35,000 127,600
Article 8 LTF
2015-5210-9500-0002 AV Village Accessibility Phase 2 - 22,500 22,500 22,500
Measure I
2021-5210-9410-0000 Hwy 18 West End Widening 146,321 70,000 216,321 70,000
Article 3
2013-5210-9292-0000 Bus Stop Improvements - 170,000 170,000 170,000
GENERAL FUND TOTAL EXP BUDGET ADJUSTMENT 8,305,939
TOTAL BUDGET ADJUSTMENT REVENUES 8,985,823
TOTAL BUDGET ADJUSTMENT EXPENDITURES 9,400,934
OVERALL FUND (DEFICIT)/SURPLUS (415,111)

FY 2022-2023 Mid Year Budget
Adjustment Detail
All Funds
Attachment A
Account Number FY23 BDGT Amount Change Amended
Budget

FY 2022-2023 Mid Year Budget
Adjustment Detail
All Funds
Attachment A
Account Number FY23 BDGT Amount Change Amended
Budget

FY 2022-2023 Mid Year Budget
Adjustment Detail
All Funds
Attachment A
Account Number FY23 BDGT Amount Change Amended
Budget

FY 2022-2023 Mid Year Budget
Adjustment Detail
All Funds
Attachment A
Account Number FY23 BDGT Amount Change Amended
Budget

FY 2022-2023 Mid Year Budget
Adjustment Detail
All Funds
Attachment A
Account Number FY23 BDGT Amount Change Amended
Budget

FY 2022-2023 Mid Year Budget
Adjustment Detail
All Funds
Attachment A
Account Number FY23 BDGT Amount Change Amended
Budget

FY 2022-2023 Mid Year Budget Adjustment
General Fund
Attachment B
FY 23 Adopted
Revenue
Budget
FY 23
Adopted
Expenditure
Budget
Mid-Year
Revenue
Request
PO Rollover
From Prior
Year
Mid-Year
Expenditure
Request
General Fund 44,791,750.00 45,537,750.00
1010 Town Council 269,108.00 269,108.00
1010 Town Manager 648,101.00 673,751.00
1020 Town Attorney 670,000.00 670,000.00
1050 Finance 1,214,500.00 1,214,500.00
1060 Town Clerk 759,698.00 776,698.00
1070 Public Information 403,759.00 431,359.00
1080 Human Resources 291,106.00 306,913.00
1090 IT 1,953,181.00 599,020.00 2,572,101.00
1200 General Government 3,948,180.00 3,948,180.00
2010 Public Facilities 1,670,036.00 1,736,136.00
2010 Public Safety 17,999,736.00 18,067,048.00
2020 ER Preparedness 28,300.00 28,300.00
2120/2130 Animal Services 2,500,734.00 2,564,024.00
3110 Code Enforcement 483,363.00 559,663.00
4010 Building & Safety 729,823.00 729,823.00
4310 Economic Development 232,035.00 242,135.00
4410 Engineering 791,634.00 794,634.00
4610 Planning 812,684.00 840,984.00
6190 Grounds 2,173,205.00 7,441.00 2,180,646.00
6640 Aquatic Programs 734,637.00 766,437.00
6670 Rec Programs 1,335,277.00 1,366,702.00
6820 Parks 146,873.00 151,823.00
Total 44,791,750.00 39,795,970.00 45,537,750.00 606,461.00 40,890,965.00 Increase/(Decrease) 746,000.00 1,094,995.00
% Change 1% 3%

Town Council Agenda Report
Date: February 28, 2023
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION

From: Douglas Robertson, Town Manager
Submitted by: Who is Presenting the Document (First Name, Last Name, Job Title) .

Town Attorney
Budgeted Item: Yes No N/A
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Vahan Grigoryan v. Town of Apple Valley, San Bernardino Superior Court, Case No. CIVSB 2204926