APPLE VALLEY TOWN COUNCIL
AGENDA
Tuesday, March 28, 2023, 6:30 p.m.
Council Chamber
PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER
THIS MEETING IS BROADCAST LIVE AND VIEWABLE ON FRONTIER CHANNEL 29 OR CHARTER SPECTRUM CHANNEL 186 AND LIVE STREAMED ONLINE AT APPLEVALLEY.ORG.
EFFECTIVE FEBRUARY 28, 2023, THE STATE OF CALIFORNIA, COVID-19 STATE OF EMERGENCY HAS EXPIRED. THE TOWN OF APPLE VALLEY WILL CONTINUE TO SUPPORT
PUBLIC COMMENTS FOR INDIVIDUALS NOT PHYSICALLY PRESENT AND STILL WISHING TO MAKE PUBLIC COMMENTS. PLEASE EMAIL YOUR COMMENT TO
[email protected]. COMMENTS SHOULD BE SUBMITTED BY 12:00 P.M.
ON THE MEETING DATE TO BE INCLUDED IN THE RECORD.
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 Fergeson - Calvary Chapel Apple Valley
2.2 Pledge of Allegiance
2.3 Presentations
Employee of the Quarter - Pamela Quick, Administrative Analyst One - Municipal Services Department
3. Public Comments
4. Councilmember Committee/Commission/Community Participation 5 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 - April 11, 2023 - Council Chambers Regular Session at 6:30p.m.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1-6.3 as recommended.
6.1 APPROVAL OF MINUTES 7
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 SECOND READING OF ORDINANCE NO. 565 OF THE TOWN OF
APPLE VALLEY AMENDING THE DEVELOPMENT CODE BY
MODIFYING SECTION 9.29.050 “CHURCHES IN RESIDENTIAL
DISTRICTS” AND SECTION 9.35.030 “PERMITTED USES” AS IT
RELATES TO GENERAL REQUIREMENTS,
17 SEPARATION DISTANCE REDUCTION, AND EXPANDING ON
LOCATIONS WHERE RELIGIOUS INSTITUTIONS CAN BE PLACED
WITH APPROVAL OF A CONDITIONAL USE PERMIT
Adopt Ordinance No. 565
6.3 RESOLUTION OF THE TOWN OF APPLE VALLEY RATIFYING
PROCLAMATION NO. 2023-02 AND PROCLAIMING THE EXISTENCE
OF A LOCAL EMERGENCY
22 That the Town Council ratify a proclamation proclaiming the existence of a local emergency within the Town of Apple Valley resulting from the Extreme Winter Storm.
7. Public Hearings
8. Business of the Council
8.1 ALTERNATE FOR THE 2023 REGIONAL CONFERENCE AND
GENERAL ASSEMBLY FOR THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG)
37 Nominate one Council Member as voting delegate and one Council Member as voting alternate representing the Town of Apple Valley at the 2023 Regional Conference and General Assembly.
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 43
PERSONNEL MATTERS - GOVERNMENT CODE SECTION
54957 / Public Employee Performance Evaluation. Title: Town Manager.
A.
CONFERENCE WITH LABOR NEGOTIATORS Agency
designated representatives: Mayor or designee; Unrepresented employee: Town Manager
B.
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: March 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 March 14, 2023
1 Apple Valley Town Council
MINUTES
March 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 6:30 p.m.
2. Opening Ceremonies
2.1 Invocation
Pastor Johnny Lewis, Grace Christian Community Church
2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Pro Tem Cusack.
2.3 Presentations
2.3.1 Presentation from the High Desert Chapter of the AWPA - Public Works Project of the Year State Route 18 and Apple Valley Road Interchange
3. Public Comments
Diley Greiser, Founder of High Desert Animal Coalition, asked that the Apple Valley Animal Shelter be placed on the agenda for discussion, oversight and compassion.
Robin Fox, asked that the Apple Valley Animal Shelter be placed on the agenda for discussion.
2 Corey Carnegie, spoke about the allocation in the Town budget for animal disposal. She spoke on the needs of the shelter and respectfully asked that the Town place the discussion of the Animal Shelter on the agenda.
Theodore Trentman, stated that he was representing over 14000 individuals who want change and oversight in the Town of Apple Valley shelter.
Mike Ryan, believed the Town needed an Ombudsman for the Animal Shelter.
He also believed the Town Council and staff should be more visual and involved in the shelter.
Al Rice, Apple Valley, expressed concern regarding a number of issues affecting the Town of Apple Valley.
Veronica Golub, commented on the number of animals accepted at the shelter, the number adopted and the number euthanized over the past several months.
Arlene Martin, High Desert Animal Coalition, commented on the needs of the shelter and its staff.
Marcy Taylor, Historical Advisory Committee, commented on the direction of the committee moving forward with input and assistance from the Town Council.
She also asked if an update on the Hilltop House Property could be provided at a future meeting. She invited the Town Council and the public to the 8th year celebration of the Apple Valley Hoedown beginning March 31 - April 2, 2023.
Carmen Verdugo respectfully asked that the issue of the Animal Shelter be placed on the agenda for discussion. She also questioned the status of a particular animal in the shelter.
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.
Council Member Leon commented on committee meetings and events that she attended.
3 Mayor Pro Tem Cusack commented on committee meetings and events that he 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 Bishop would like a future agenda item provided on the status of the new Organic Waste Disposal cans with information on how the process is working.
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - March 28, 2023 - Council Chambers Regular Session at 6:30p.m.
6. Town Council Consent Agenda
Mayor Pro Tem Cusack has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Apple Valley Communications, AV Tech Services or AVCOM Services for the Town of Apple Valley as the owner of these businesses. Therefore, he will be recusing from voting on the warrants for Apple Valley Communications, AV Tech Services and AVCOM Services listed under Agenda Item Number 6.2. In addition, due to his interest in these businesses, Mayor Pro Tem Cusack will 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 Pro Tem Cusack is maintained on file in the Town Clerk’s Office and available for review at the dais.
Mayor Pro Tem Cusack confirmed that he would be recusing from voting on these warrants.
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
4 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 dealing with Solution Strategies as the landlord to this business. Therefore, she will be recusing from voting on those warrants.
Council Member Leon confirmed that she would be recusing from voting on those warrants.
Council Member Bishop commented on Agenda Item Number 6.7. He thanked staff for moving forward with this project.
It was the consensus of the Town Council that Agenda Item Number 6.6 be pulled for discussion.
Motion by: Council Member Bishop
Seconded by: Council Member Emick
To approve the Consent Calendar items numbered 6.1, 6.2, 6.3, 6.4, 6.5 and 6.7, as recommended, and that 6.6 be pulled for discussion.
Yes (5): Mayor Nassif, Mayor Pro Tem Cusack, Council Member Bishop, Council Member Emick, and Council Member Leon
Carried (5 to 0)
6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 FEBRUARY 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 FEBRUARY 2023 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
6.4 CONSENT TO AWARD ROADWAY REPAIR 2023-01
5 Award a contract to Robert R. Yeghoian Co, Inc. for the Roadway Repair 2023-01 Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;
6.5 APPROVE PURCHASE OF FLOORING FOR PUBLIC SAFETY
BUILDING
Approve the purchase and installation of new flooring for the Town Public Safety Building.
6.7 APPROVE FUNDING TO STUDY AND FORM VARIOUS
INFRASTRUCTURE FINANCING DISTRICTS IN NORTH APPLE
VALLEY
That the Mayor and Town Council approve a budget amendment and authorize an expenditure in an amount not to exceed $100,000 to conduct feasibility studies and to establish and implement various infrastructure financing districts in north Apple Valley.
PULLED FROM CONSENT CALENDAR
6.6 ADOPT RESOLUTION OPPOSING THE TAXPAYER PROTECTION
AND GOVERNMENT ACCOUNTABILITY ACT
Adopt Resolution No. 2023-08 opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.
Julie Ryan, Special Projects Manager, presented the staff report as filed with the Town Clerk.
Doug Robertson, Town Manager, explained that the proposed measure would make it difficult for voters to pass measures needed to fund local services.
Graeme Carr, questioned why Council's need to vote in support or opposition of this resolution since it will be placed on a future ballot for vote. His concern was that California residents need to actually do something to stop the increase of taxes in this state.
Bill Inger, Apple Valley, commented on the possible oversight that this initiative may provide to California.
Mayor Nassif provided clarification to the public on the proposed Initiative 21-0042A1. He also explained the need for a resolution to either support and/or oppose an initiative.
6 Discussion ensued regarding the proposed taxpayer protection and accountability act.
Motion by: Council Member Emick
Seconded by: Council Member Bishop
To adopt Resolution No. 2023-08 opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.
Yes (5): Mayor Nassif, Mayor Pro Tem Cusack, Council Member Bishop, Council Member Emick, and Council Member Leon.
Carried (5 to 0)
7. Public Hearings
7.1 AN AMENDMENT TO TITLE 9 “DEVELOPMENT CODE” OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE MODIFYING SECTION 9.29.050 “CHURCHES IN RESIDENTIAL DISTRICTS” AND SECTION 9.35.030 “PERMITTED USES” AS IT RELATES TO GENERAL REQUIREMENTS,
SEPARATION DISTANCE REDUCTION AND EXPANDING ON
LOCATIONS WHERE RELIGIOUS INSTITUTIONS CAN BE PLACED
WITH APPROVAL OF A CONDITIONAL USE PERMIT; FINDING THE
ADOPTION OF THE ORDINANCE EXEMPT FROM CEQA PURSUANT
TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES.
A. Determine that, Pursuant to Section 21080.17 of the State Guidelines to Implement the California Environmental Quality Act (CEQA), it has been determined that the project is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Guidelines to Implement CEQA, which states that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Code Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.
B. Find the facts presented within the staff report support the required Findings for approval of the proposed Development Code
Amendment and adopt the Findings.
C. Move to waive the reading of Ordinance No. 565 in its entirety and read by title only.
7 D. Introduce Ordinance No. 565 approving Development Code Amendment No. 2022-005; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.
Mayor Nassif opened the public hearing at 8:07 p.m.
Amanda Malone, Assistant Planner, presented the staff report as filed with the Town Clerk.
There being no requests to speak, Mayor Nassif closed the public hearing at 8:12 p.m.
Motion by: Council Member Leon
Seconded by: Council Member Emick
1. Determine that, Pursuant to Section 21080.17 of the State Guidelines to Implement the California Environmental Quality Act (CEQA), it has been determined that the project is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Guidelines to Implement CEQA, which states that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Code Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.
2. Find the facts presented within the staff report support the required Findings for approval of the proposed Development Code
Amendment and adopt the Findings.
3. Move to waive the reading of Ordinance No. 565 in its entirety and read by title only.
Yes (5): Mayor Nassif, Mayor Pro Tem Cusack, Council Member Bishop, Council Member Emick, and Council Member Leon.
Carried (5 to 0)
La Vonda M-Pearson, Town Clerk, read the title to Ordinance No. 565.
8 Motion by: Mayor Pro Tem Bishop
Seconded by: Mayor Leon
Introduce Ordinance No. 565 approving Development Code Amendment No. 2022-005; and
Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board
Yes (5): Mayor Nassif, Mayor Pro Tem Cusack, Council Member Bishop, Council Member Emick, and Council Member Leon.
Carried (5 to 0)
8. Business of the Council
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
Orlando Acevedo, Assistant Town Manager, clarified earlier statements made in reference to tax increment financing used by neighboring communities compared to financing discussed for Town projects.
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 regular meeting to move into Closed Session at 9:02 p.m. to discuss the following:
11.1 CLOSED SESSION
A. Personnel Matters – Government Code Section 54957 / Public Employee Performance Evaluation. Title: Town Manager.
Upon returning from Closed Session at 9:40 p.m., Mayor Nassif announced that there was no reportable action taken.
12. Adjournment
Motion by: Council Member Emick
Seconded by: Council Member Bishop
9 To adjourn the meeting of the Apple Valley Town Council at 9:41 p.m.
Scott Nassif, Mayor La Vonda M-Pearson, Town Clerk
Town Council Agenda Report
Date: March 28, 2023
To: Honorable Mayor and Town Council
Subject: SECOND READING OF ORDINANCE NO. 565 OF THE TOWN OF
APPLE VALLEY AMENDING THE DEVELOPMENT CODE BY
MODIFYING SECTION 9.29.050 “CHURCHES IN RESIDENTIAL
DISTRICTS” AND SECTION 9.35.030 “PERMITTED USES” AS IT
RELATES TO GENERAL REQUIREMENTS, SEPARATION DISTANCE
REDUCTION, AND EXPANDING ON LOCATIONS WHERE
RELIGIOUS INSTITUTIONS CAN BE PLACED WITH APPROVAL OF A
CONDITIONAL USE PERMIT
From: Douglas Robertson, Town Manager
Submitted by: Amanda Malone, Assistant Planner
Planning
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Adopt Ordinance No. 565
BACKGROUND
At its March 14, 2023, meeting, the Town Council reviewed and introduced Ordinance No. 565 approving Development Code Amendment No. 2022-005 to amend Sections
9.29.050 and 9.35.030 of the Development Code. Elements of the Ordinance include the following:
Allow Religious Institutions within the General Commercial (C-G) zoning designation with approval of a CUP within the following areas:
o On the north and south sides of Bear Valley Road, east of Deep Creek Road o On the north and south sides of Highway 18, west of Rancherias Road; and o North of Thunderbird Road and east of Dale Evans Parkway Road. Remove the 1,200-foot separation requirement from the General Commercial (CG), Service Commercial (C-S), and Village Commercial (C-V) zoning designations.
The Amendments propose the following language (deleted language in strikethrough):
“A 1,200-foot separation shall be provided from General Commercial (C-G), Service Commercial (C-S), Regional Commercial (C-R), and Village Commercial (C-V) zoned properties and all industrial zoned properties.
Relief from this separation requirement shall be reviewed and approved by the Planning Commission.”
The Ordinance is now ready for adoption. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Amendments, may have a significant effect on the environment, the activity is not subject to CEQA.
FISCAL IMPACT
Not applicable.
ATTACHMENTS
1. Ordinance No. 565
Ordinance No. 565
ORDINANCE NO. 565
AN ORDINANCE OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2022-005
AMENDING TITLE 9 “DEVELOPMENT CODE” OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE, BY MODIFYING CHAPTER 9.29.050
“CHURCHES IN RESIDENTIAL DISTRICTS” AND CHAPTER 9.35.030 “PERMITTED USES” AS IT RELATES TO GENERAL REQUIREMENTS,
ENTITLEMENT, SEPARATION DISTANCE REDUCTION, AND EXPANDING
ON LOCATIONS WHERE RELIGIOUS INSTITUTIONS CAN BE PLACED WITH APPROVAL OF A CONDITIONAL USE PERMIT.
WHEREAS, The General Plan of the Town of Apple Valley was adopted by the Town Council on August 11, 2009; and
WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley was adopted by the Town Council on April 27, 2010; and WHEREAS, Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley has been previously modified by the Town Council on the recommendation of the Planning Commission; and
WHEREAS, Development Code Amendment DCA 2022-005 is consistent with the General Plan and Municipal Code of the Town of Apple Valley; WHEREAS, On February 28, 2023, Development Code Amendment DCA 2022- 005 was duly noticed in the Valley Wide Newspaper, a newspaper of general circulation within the Town of Apple Valley; and
WHEREAS, Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA [Section 15061(b)(3)]; and WHEREAS, On November 2, 2022, the Planning Commission of the Town of Apple Valley conducted a duly noticed and advertised public hearing for Development Code Amendment DCA 2022-005, receiving testimony from the public and adopted Planning Commission Resolution No. 2022-005 recommending adoption of Development Code Amendment DCA 2022-005; and
WHEREAS, Development Code Amendment DCA 2022-005 is consistent with the Land Use Element goals and policies of the Town’s General Plan and Title 9 “Development Code” of the Municipal Code of the Town of Apple Valley and shall promote the health, safety, and general welfare of the citizens of the Town of Apple Valley; and WHEREAS, the Town of Apple Valley finds that regulations on Religious Institutions shall receive flexibility regarding areas in which they shall be allowed to be developed.
Ordinance No. 565
NOW, THEREFORE, the Town of Apple Valley, California, does ordain as follows:
Section 1. The recitals above are true and correct and are hereby incorporated herein by this reference.
Section 2. For the reasons stated in the Staff Report, find that the changes proposed by Development Code Amendment DCA 2022-005 are consistent with the Goals and Policies of the Town of Apple Valley adopted General Plan and will not be detrimental to the public health, safety or welfare of the Town or its residents.
Section 3. Section 9.29.050 of the Apple Valley Development Code is hereby amended to modify subsection (B)(4) to read as follows (new language in underline and deleted language in strikethrough):
“A 1,200-foot separation shall be provided from General Commercial (C-G), Service Commercial (C-S), Regional Commercial (C-R), and Village Commercial (C-V) zoned properties and all industrially zoned properties. Relief from this separation requirement shall be reviewed and approved by the Planning Commission.”
Section 4. Section 9.35.030, Table 9.35.030-A of the Apple Valley Development Code is hereby amended to modify subsection (D) related to Religious Institutions and Add Note 13 to read as follows (new language in underline and deleted language in strikethrough):
“
Type of
Use
O-P C-G C-S C-R C-V M-U
Religious
institutions (4)(13)
CUP CUP -- -- -- CUP
13. Property shall be located in any of the following areas: On the north and south sides of Bear Valley Road, east of Deep Creek Road; on the north and south side of Highway 18, west of Rancherias Road; and north of Thunderbird Road and east of Dale Evans Parkway Road.”
Section 5. Compliance with California Environmental Quality Act. This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and it has been determined that approval of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text
Ordinance No. 565
amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Planning Commission concurs in these findings and adopts them as its own.
Section 6. Severability. If any provision of this Ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications and, to this end, the provisions of this Ordinance are declared to be severable.
Approved and Adopted by the Town Council and signed by the Mayor and attested to by the Town Clerk this 28th day of March 2023.
Honorable Scott Nassif, Mayor
ATTEST:
Ms. La Vonda M. Pearson, Town Clerk
Approved as to form: Approved as to content:
__________________________ ______________________________ Mr. Thomas Rice, Town Attorney Mr. Douglas B. Robertson, Town Manager
Town Council Agenda Report
Date: March 28, 2023
To: Honorable Mayor and Town Council
Subject: RESOLUTION OF THE TOWN OF APPLE VALLEY RATIFYING PROCLAMATION NO. 2023-02 AND PROCLAIMING THE EXISTENCE
OF A LOCAL EMERGENCY
From: Douglas Robertson, Town Manager
Submitted by: Douglas Robertson, Town Manager
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council ratify a proclamation proclaiming the existence of a local emergency within the Town of Apple Valley resulting from the Extreme Winter Storm.
BACKGROUND
On February 27, 2023, the County of San Bernardino declared the existence of an emergency as a result of the San Bernardino Mountains Extreme Cold Winter Storm.
On March 1, 2023, the Governor also proclaimed a state of emergency in San Bernardino County in connection with severe winter storms.
On March 10, 2023, the President declared the existence of an emergency in the State of California due to emergency conditions resulting from severe winter storms and the consequences thereof.
On March 16, 2023, the Town Manager, in his capacity as Director of Emergency Services of the Town, and in accordance with Section 2.40.060.A(1) of the Apple Valley Municipal Code, signed Proclamation No. 2023-01, proclaiming the existence of a local emergency in the Town of Apple Valley.
The winter storms and heavy rains coupled with large water releases from mountain reservoirs and flooding have resulted in conditions of extreme peril within the Town of Apple Valley including potentially calamitous water levels in the Mojave River. These rising water levels in the Mojave River are endangering critical Town infrastructure and
presenting a risk of sewer overflow, which would cause irreversible damage to persons, property, and the natural environment. The Town’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical in successfully responding to the issues created by the winter storms and their aftermath.
Since the existence of the local emergency proclaimed on March 16, 2023, the condition within the Town has exacerbated. Water levels continued to rise, and the risk of sewer overflow is once again an immediate threat endangering Town infrastructure and causing irreversible damage to persons, property, and the natural environment. In addition, the high winds associated with the Extreme Cold Winter Storm of 2023 has caused the downing of trees and the potential loss of power and other infrastructure causing harm to the Town of Apple Valley. Due to the increased threat of harm, it was determined that a broader declaration of emergency was needed. On March 22, 2023, the Town Manager, again in his capacity as Director of Emergency Services, signed Proclamation No. 2023- 02, replacing Proclamation No. 2023-01, due to these increased abysmal conditions.
During the existence of a local emergency, the powers and duties of the emergency organization of the Town shall be those prescribed by State law, ordinances and resolutions of this Town, and by the current Town of Apple Valley Emergency Operations Plan, as approved by the Town Council.
FISCAL IMPACT
The potential costs are undetedrmined at this time. If the Town of Apple Valley is significantly impacted by the storms, it may require the use of additional funding. Should this occur, a future agenda item will be submitted to the Town Council for approval. To the extent possible, the Town Manager will take necessary actions to seek reimbursement of expenses in accordance with federal disaster laws.
ATTACHMENTS
A. Resolution No. 2023-09
B. Apple Valley Emergency Proclamation No. 2023-01
C. Apple Valley Emergency Proclamation No. 2023-02
D. State of California Local Emergency – Storms
E. San Bernardino County Local Emergency
RESOLUTION NO. 2023-09
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY RATIFYING PROCLAMATION NO.
2023-01 AND PROCLAIMING THE EXISTENCE OF A
LOCAL EMERGENCY
WHEREAS, Government Code Section 8630 authorizes the proclamation of a local emergency by an official designated by ordinance adopted by the local governing body; and
WHEREAS, Government Code Section 8558 states that a local emergency means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property caused by conditions including storms; and WHEREAS, Chapter 2.40 of the Apple Valley Municipal Code empowers the Town Manager to proclaim a local emergency when the Town of Apple Valley is affected or likely to be affected by a public calamity; and
WHEREAS, the Town Manager, in his capacity as Director of Emergency Services of the Town, and in accordance with Section 2.40.060.A(1) of the Apple Valley Municipal Code, is authorized to proclaim the existence of a local emergency when the Town Council is not in session; and
WHEREAS, on February 27, 2023, the County of San Bernardino declared the existence of an emergency as a result of the San Bernardino Mountains Extreme Cold Winter Storm; and
WHEREAS, on March 1, 2023, the Governor also proclaimed a state of emergency in San Bernardino County in connection with severe winter storms; and WHEREAS, on March 10, 2023, the President declared the existence of an emergency in the State of California due to emergency conditions resulting from severe winter storms and the consequences thereof; and
WHEREAS, the winter storms and heavy rains coupled with large water releases from mountain reservoirs and flooding have resulted in conditions of extreme peril within the Town of Apple Valley including potentially calamitous water levels in the Mojave River; and
WHEREAS, the rising water levels in the Mojave River are endangering critical Town infrastructure and presenting a risk of sewer overflow, which would cause irreversible damage to persons, property, and the natural environment; and
WHEREAS, the Town’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to the issues created by the winter storms and their aftermath; and WHEREAS, the conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency.
NOW, THEREFORE, BE IS RESOLVED by the Town Council of the Town of Apple Valley as follows:
Section 1. Incorporation of Recitals and Staff Report. The Town Council finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the Town Council as if fully set forth herein.
Section 2. Ratification of Proclamation 2023-01. The Town Council of the Town of Apple Valley hereby ratifies Proclamation No. 2023-01 issued by the Town Manager on March 16, 2023.
Section 3. Declaration of Emergency. The Town Council of the Town of Apple Valley hereby proclaims that a local emergency now exists throughout the Town.
Section 4. Powers of Director. During the existence of said local emergency, the powers, functions, and duties of the Director of Emergency Services and the Emergency Organization of this Town shall be those prescribed by state law, ordinances and resolutions of this Town and by the Town of Apple Valley Emergency Plan.
Section 5. Cost Tracking. The Town Manager is hereby directed to ensure Town staff track costs associated with staffing, supplies, and equipment related to this emergency and to furnish the Finance Department with such information on a regular basis during the course of the emergency.
Section 6. Severability. If any provision of this Proclamation or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Proclamation are declared to be severable.
Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution and the above findings are based are located at the Town’s offices at 14955 Dale Evans Parkway, Apple Valley, CA 92307, and the custodian of records for these documents is the Town Clerk.
Section 8. Effective Date. This Resolution shall take effect immediately upon adoption. The Mayor shall sign this Resolution and the Town Clerk shall attest and certify to the passage and adoption thereof. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the Town Council of the Town of Apple Valley.
PASSED AND ADOPTED THIS day of March, 2023
________________________________
Mayor Scott Nassif
ATTEST:
La Vonda M-Pearson, Town Clerk
PROCLAMATION NO. 2023-01
PROCLAMATION OF THE TOWN MANAGER OF THE
TOWN OF APPLE VALLEY PROCLAIMING THE
EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Government Code Section 8630 authorizes the proclamation of a local emergency by an official designated by ordinance adopted by the local governing body; and
WHEREAS, Government Code Section 8558 states that a local emergency means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property caused by conditions including storms; and WHEREAS, Chapter 2.40 of the Apple Valley Municipal Code empowers the Town Manager to proclaim a local emergency when the Town of Apple Valley is affected or likely to be affected by a public calamity; and
WHEREAS, the Town Manager, in his capacity as Director of Emergency Services of the Town, and in accordance with Section 2.40.060.A(1) of the Apple Valley Municipal Code, is authorized to proclaim the existence of a local emergency when the Town Council is not in session; and
WHEREAS, on February 27, 2023, the County of San Bernardino declared the existence of an emergency as a result of the San Bernardino Mountains Extreme Cold Winter Storm; and
WHEREAS, on March 1, 2023, the Governor also proclaimed a state of emergency in San Bernardino County in connection with severe winter storms; and WHEREAS, on March 10, 2023, the President declared the existence of an emergency in the State of California due to emergency conditions resulting from severe winter storms and the consequences thereof; and
WHEREAS, the winter storms and heavy rains coupled with large water releases from mountain reservoirs and flooding have resulted in conditions of extreme peril within the Town of Apple Valley including potentially calamitous water levels in the Mojave River; and
WHEREAS, the rising water levels in the Mojave River are endangering critical Town infrastructure and presenting a risk of sewer overflow, which would cause irreversible damage to persons, property, and the natural environment; and WHEREAS, the Town’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to the issues created by the winter storms and their aftermath; and WHEREAS, the conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency.
BE IT PROCLAIMED BY THE TOWN MANAGER OF THE TOWN OF APPLE VALLEY AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. The Town Manager of the Town of Apple Valley hereby proclaims that a local emergency now exists throughout the Town.
Section 3. During the existence of said local emergency, the powers, functions, and duties of the Director of Emergency Services and the Emergency Organization of this Town shall be those prescribed by state law, ordinances, and resolutions of this Town and by the Town of Apple Valley Emergency Plan.
Section 4. All Town Departments are hereby ordered to track costs associated with staffing, supplies, and equipment related to this emergency and to furnish the Finance Department with such information on a regular basis during the course of the emergency.
Section 5. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the Town Council of the Town of Apple Valley.
Section 6. Severability. If any provision of this Proclamation or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Proclamation are declared to be severable.
Section 7. Effective Date. This Proclamation shall become effective immediately and shall expire on the eighth day following execution unless the Town Council takes action to ratify the proclamation.
PROCLAIMED this 16th day of March 2023.
________________________________
Town Manager/
Director of Emergency Services
Town of Apple Valley
PROCLAMATION NO. 2023-02
PROCLAMATION OF THE TOWN MANAGER OF THE
TOWN OF APPLE VALLEY PROCLAIMING THE
EXISTENCE OF A LOCAL EMERGENCY AND REPLACING
PROCLAMATION NO. 2023-01
WHEREAS, Government Code Section 8630 authorizes the proclamation of a local emergency by an official designated by ordinance adopted by the local governing body; and
WHEREAS, Government Code Section 8558 states that a local emergency means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property caused by conditions including storms; and WHEREAS, Chapter 2.40 of the Apple Valley Municipal Code empowers the Town Manager to proclaim a local emergency when the Town of Apple Valley is affected or likely to be affected by a public calamity; and
WHEREAS, the Town Manager, in his capacity as Director of Emergency Services of the Town, and in accordance with Section 2.40.060.A(1) of the Apple Valley Municipal Code, is authorized to proclaim the existence of a local emergency when the Town Council is not in session; and
WHEREAS, on February 27, 2023, the County of San Bernardino declared the existence of an emergency as a result of the San Bernardino Mountains Extreme Cold Winter Storm; and
WHEREAS, on March 1, 2023, the Governor also proclaimed a state of emergency in San Bernardino County in connection with severe winter storms; and WHEREAS, on March 10, 2023, the President declared the existence of an emergency in the State of California due to emergency conditions resulting from severe winter storms and the consequences thereof; and
WHEREAS, the winter storms and heavy rains coupled with large water releases from mountain reservoirs and flooding have resulted in conditions of extreme peril within the Town of Apple Valley including potentially calamitous water levels in the Mojave River; and
WHEREAS, the rising water levels in the Mojave River are endangering critical Town infrastructure and presenting a risk of sewer overflow, which would cause irreversible damage to persons, property, and the natural environment; and WHEREAS, on March 16, 2023, the Town Manager, in his capacity as Director of Emergency Services of the Town, and in accordance with Section 2.40.060.A(1) of the Apple Valley Municipal Code, signed Proclamation No. 2023-01, proclaiming the existence of a local emergency in the Town of Apple Valley; and
WHEREAS, the Town’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to the issues created by the winter storms and their aftermath; and WHEREAS, the extreme winter conditions within the Town have exacerbated and water levels have continued to rise and the risk of sewer overflow is once again an immediate threat endangering Town infrastructure and causing irreversible damage to persons, property, and the natural environment; and
WHEREAS, in an effort to mitigate imminent destruction imposed on the Town’s infrastructure, the Town has used 1,200 cubic yards of dirt to date and the need for additional measures including more fill dirt and riprap to protect the pipeline is required; and
WHEREAS, high winds associated with the Extreme Cold Winter Storm of 2023 has caused the downing of trees and the potential loss of power and other infrastructure causing harm to the Town of Apple Valley; and.
WHEREAS, the conditions of extreme peril and abysmal conditions warrant and necessitate a broader declaration and proclamation of the continued existence of a local emergency.
BE IT PROCLAIMED BY THE TOWN MANAGER OF THE TOWN OF APPLE VALLEY AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. The Town Manager of the Town of Apple Valley hereby proclaims that a local emergency now exists throughout the Town.
Section 3. During the existence of said local emergency, the powers, functions, and duties of the Director of Emergency Services and the Emergency Organization of this Town shall be those prescribed by state law, ordinances, and resolutions of this Town and by the Town of Apple Valley Emergency Plan.
Section 4. All Town Departments are hereby ordered to track costs associated with staffing, supplies, and equipment related to this emergency and to furnish the Finance Department with such information on a regular basis during the course of the emergency.
Section 5. This proclamation of local emergency shall replace Proclamation 2023-01 and shall be deemed to continue to exist until its termination is proclaimed by the Town Council of the Town of Apple Valley.
Section 6. Severability. If any provision of this Proclamation or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Proclamation are declared to be severable.
Section 7. Effective Date. This Proclamation shall become effective immediately and shall expire on the eighth day following execution unless the Town Council takes action to ratify the proclamation.
PROCLAIMED this 22nd day of March 2023.
________________________________
Town Manager/
Director of Emergency Services
Town of Apple Valley
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS severe winter storms struck California beginning in late February bringing damaging winds and historic precipitation, including snowfall in areas unaccustomed to snow; and
WHEREAS these storms damaged and forced the closure of federal and state highways and roads, and continue to threaten critical infrastructure; and WHEREAS these storms resulted in and continue to threaten power outages, have forced evacuations, and have stranded residents and motorists in impacted counties; and
WHEREAS it is forecasted that additional storms will continue to threaten counties across California, bringing strong winds, blizzard conditions across the Sierra Nevada mountains, above normal precipitation, and unusually cold temperatures; and
WHEREAS under the provisions of Government Code section 8558(b), I find that conditions of extreme peril to the safety of persons and property exist due to these storms; and
WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by these storms, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the magnitude of the damage caused by these storms; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of these storms.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Amador, Kern, Los Angeles, Madera, Mariposa, Mono, Nevada, San Bernardino, San Luis Obispo, Santa Barbara, Sierra, Sonoma, and Tulare counties.
IT IS HEREBY ORDERED THAT:
1. All agencies of the state government utilize and employ state personnel, equipment, and facilities for the performance of any and all
activities consistent with the direction of the Office of Emergency Services and the State Emergency Plan. Also, all residents are to obey the direction of emergency officials with regard to this emergency in order to protect their safety.
2. The Office of Emergency Services shall provide assistance to local governments, if appropriate, under the authority of the California Disaster Assistance Act, Government Code section 8680 et seq., and California Code of Regulations, Title 19, section 2900 et seq.
3. The California Department of Transportation shall formally request immediate assistance through the Federal Highway Administration's Emergency Relief Program, United States Code, Title 23, section 125, in order to obtain federal assistance for highway repairs, reconstruction, or restoring access.
4. As necessary to assist local governments and for the protection of public health and the environment, state agencies shall enter into contracts to arrange for the procurement of materials, goods, and services necessary to quickly assist with the response to and recovery from the impacts of these storms. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of these storms.
5. The provisions of Unemployment Insurance Code section 1253 imposing a one-week waiting period for unemployment insurance applicants are suspended as to all applicants who are unemployed as a direct result of these storms, applied for unemployment insurance benefits during the time period beginning February 21, 2023, and ending on the close of business on August 21, 2023, and are otherwise eligible for unemployment insurance benefits.
6. As directed by the Office of Emergency Services, the California National Guard may be mobilized under Military and Veterans Code section 146 to support disaster response and relief efforts and to coordinate with all relevant state agencies and state and local emergency responders and law enforcement within the impacted areas. Sections 147 and 188 of the Military and Veterans Code are applicable during the period of participation in this mission, exempting the California Military Department from applicable procurement rules for specified emergency purchases, and those rules are hereby suspended.
I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.
This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 1st day
of March 2023.
GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, Ph.D.
Secretary of State
Town Council Agenda Report
Date: March 28, 2023
To: Honorable Mayor and Town Council
Subject: SELECTION OF TOWN COUNCIL VOTING DELEGATE
ANDALTERNATE FOR THE 2023 REGIONAL CONFERENCE AND
GENERAL ASSEMBLY FOR THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG)
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson
Town Clerk
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Nominate one Council Member as voting delegate and one Council Member as voting alternate representing the Town of Apple Valley at the 2023 Regional Conference and General Assembly.
BACKGROUND
The 2023 Regional Conference and Assembly for the Southern California Association of Governments (SCAG) is scheduled for Thursday, May 4, 2023, through Friday, May 5, 2023 in Palm Desert, California. At least once every year, SCAG convenes the General Assembly to bring together the official representatives of SCAG’s membership and help set the agency’s course for the coming year.
SCAG serves as the regional forum for cooperative decision making by local government elected officials and its primary responsibilities in fulfillment of federal and state requirements include the development of the Regional Transportation Plan and Sustainable Communities Strategy; the Federal Transportation Improvement Program; the annual Overall Work Program; and transportation-related portions of local air quality management plans.
SCAG’s other major functions include determining the regional transportation plans and programs are in conformity with state air quality plans; periodic preparation of a Regional Housing Needs Assessment; and intergovernmental review of regionally significant development projects.
The Town of Apple Valley has one vote at the General Assembly Business Meeting.
Accordingly, the Town must designate one voting delegate and alternate for the Annual Business Meeting to be held during the conference.
FISCAL IMPACT
There is no fiscal impact to the Town.
Town Council Agenda Report
Date: March 28, 2023
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION
From: Douglas Robertson, Town Manager
Submitted by: Thomas Rice
Town Attorney
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. PERSONNEL MATTERS – GOVERNMENT CODE SECTION 54957 / Public Employee Performance Evaluation. Title: Town Manager.
B. CONFERENCE WITH LABOR NEGOTIATORS Agency designated
representatives: Mayor or designee; Unrepresented employee: Town Manager