Council - Regular Meeting - February 28, 2023
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
1. Boards 2023-2024.pdf
Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting. Councilmembers may also make brief reports on their community participation. No formal action will be taken.
5. Town Council Announcements
5.1 Suggested items for next Agenda
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - 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
1. Minutes for Feb 28, 2023.pdf
2. Pre-Meeting Minutes - CC-RM_Feb14_2023 - English.pdf 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
1. Second Reading of Ordinance No. 564 .pdf
2. Ordinance No. 564.pdf
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
1. RATE ADJUSTMENTS TO PROFESSIONAL SERVICES AGREEMENT WITH CHARLES ABBOTT ASSOCIATES INC.pdf
2. Attachment A Engineering.pdf
3. Attachment B Building Safety.pdf
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.
1. Bear Valley Bridge - CSA64 Utility Agreement.pdf
2. BVB - SB CSA64 - Utility Agreement 2030-06.pdf
3. Map Exhibit.pdf
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
1. Change Of Ownership, Release Of Original Securities, Approve New Agreements And Securities For Tract Map No. 17247 .pdf 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
1. Classification and Salary Plan Amendments 02.28.23.pdf
2. A_Resolution.pdf
3. B_ Graphic Designer Job Classification.pdf
4. C_Class and Salary Table.pdf
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
1. Adoption of a Resolution of Necessity for Acquisition by Eminent Domain for the Bear Valley Bridge Project.pdf
2. Legal Definitions, descriptions and depictions of the property.pdf
3. Resolution of Necessity APNs 0399-261-01 and 0399-261-08 (Jess Ranch Development)-V1-c1.pdf
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
1. Mid-Year 23 Budget Review.pdf
2. Attachment A.pdf
3. Attachment B.pdf
That the Town Council receive and file the Fiscal Year 2022-2023 Mid-Year Budget Review Approve Budget Amendment Number 2023-13 incorporating revenue and expenditure changes and carry forwards as proposed herein.
8. Business of the Council
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
11. Closed Session
Recommended Motion:
To Adjourn the regular meeting to move into Closed Session at TIME to discuss the following:
11.1 CLOSED SESSION
1. Closed Session February 28, 2023.pdf
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
12. Adjournment
Recommended Motion:
To adjourn the meeting of the Apple Valley Town Council at TIME.