APPLE VALLEY TOWN COUNCIL/
APRIL 14, 2015
REGULAR SESSION BEGINS AT 6:30 P.M.
PLEASE SILENCE CELL PHONES AND PAGERS UPON ENTERING THE CHAMBERS
The meeting will occur in the Council Chambers located at 14955 Dale Evans Parkway in Apple Valley, California.
This is an agenda for the scheduled meeting of the Town Council 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 Chambers. 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.
When called, approach the podium and 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 chambers 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.
TOWN COUNCIL REGULAR SESSION
CALL TO ORDER THE REGULAR SESSION OF THE TOWN COUNCIL MEETING – 6:30 p.m.
Bishop _____, Emick _____, Nassif _____, Mayor Pro Tem Stanton _____, Mayor Cusack _____.
(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)
INVOCATION: Pastor Royce Beserra, Church for Whosoever
PRESENTATION: Presentation of Employee of the Quarter to Tara Alvarez, Code Enforcement Technician
Presentation – Donate Life, Presented to Ambassador Lena Russell
COUNCILMEMBER COMMITTEE/COMMISSION PARTICIPATION
TOWN COUNCIL ANNOUNCEMENTS
Suggested items for future agenda:
Time, Date & Place for Next Town Council Regular or Special Meeting:
A. Regular Meeting – Tuesday, April 28, 2015 – Council Chambers
Regular Session at 6:30 p.m.
TOWN COUNCIL CONSENT AGENDA
Recommendation: Adopt all below listed items on the Consent Agenda in one motion. The Consent Agenda is composed of routine non-controversial items of business and will be adopted in whole in one motion unless a request is made by a Council Member to remove a specific item.
2. February 2015 Commercial Warrants Schedule
That the Town Council receive, ratify and file the Commercial Warrants Schedule as presented.
3. February 2015 Payroll/Benefits Warrants Schedule
That the Town Council receive, ratify and file the Payroll/Benefits Warrants as presented.
4. Treasurer’s Report – Month of February 2015 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Course Fund
That the Town Council receive and file the February 2015 Treasurer’s Report.
5. Initiation of a Development Code Amendment Regarding Temporary Political Signs and Digital Advertising Displays
Initiate a Development Code Amendment and forward this issue to the Planning Commission for discussion and a recommendation by the Planning Commission that will be returned to the Council for consideration.
6. Initiation of a General Plan Amendment and Zone Change to Modify the Current Land Use and Zoning pertaining of Two (2) Sites (APNs 0440-085-06 and 0440-085-13)
Move to initiate a General Plan Amendment and Zone Change and forward this project to the Planning Commission for their recommendation.
7. Adopt a Resolution Supporting Wilderness, Wild and Scenic Rivers, National Monuments, National Park and Preserve Additions in the California Desert
Adopt Resolution No. 2015-10, A Resolution of the Town of Apple Valley Supporting Wilderness, Wild and Scenic Rivers, National Monuments, National Park and Preserve Additions in the California Desert.
8. General Plan Amendment No. 2013-02, A Request for Approval of a General Plan Amendment to Change the Current Land Use Designation of (R-E) Residential Estate (1 DU per 1 to 2.5 Gross Acres) to (R-SF) Residential Single-Family (1 DU Per 0.4 To 0.9 Net Acres) and Zone Change No. 2013-01 from (R-E) Residential Estate (1 DU Per 1 to 2.5 Gross Acres) to (R-SF) Residential Single-Family (1 DU Per 0.4 To 0.9 Net Acres) Zoning Designation
Move to open the public hearing and take testimony.
Close the public hearing. Then:
1. Determine that, in conformance with the requirements of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the proposed General Plan Amendment No. 2013-02 and Zone Change No. 2013-01 will not have a significant effect on the environment.
2. Adopt the Negative Declaration prepared for General Plan Amendment No. 2013-02 and Zone Change No. 2013-01.
3. Find that the proposed Resolution and Ordinance are consistent with the Goals and Objectives of the adopted Town of Apple Valley General Plan and, as such, shall promote the health, safety and general welfare of the citizens of Apple Valley, and that Ordinance No. 467 approving conforming rezoning is consistent with the General Plan Amendment established by Resolution No. 2015-09.
4. Find the facts presented within the staff report, including the attached Planning Commission staff report for February 18, 2015, support the required Findings for approval of the proposed General Plan Amendment and Zone Change and adopt the Findings.
5. Adopt Resolution No.2015-09 approving General Plan Amendment No. 2013-02.
6. Move to waive the reading of Ordinance No. 467 in its entirety and read by title only.
7. Introduce Ordinance No. 467 amending that portion of Title 9 (Development Code) of the Town of Apple Valley Municipal Code, Section 9.05.040 “Adoption of the Official Zoning Map” subsection “B” by approving the conforming rezoning from (R-E) Residential Estate (1 DU per 1 to 2.5 gross acres) to (R-SF) Residential Single-Family (1 DU per 0.4 to 0.9 net Acres) Zoning designation for APNs: 3087-171-07 and easterly portion of 3087-161-04.
8. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.
9. A Request to Amend the Jess Ranch Planned Unit Development (PUD) to Allow the Future Development of Lot Nos. 69 thru 204 and Lots 210 thru 219 within Recorded Tract Map No. 14484 to Change from Recreation Vehicle (RV) Lots to Single Family Residential Lots in Accordance with the Medium Density Residential Development Standards of the Jess Ranch PUD. Lots 1 thru 68 and Lots 220 thru 227 will remain as RV Lots within the Jess Ranch Lakes RV Resort
Move to open the public hearing and take testimony.
Close the public hearing. Then:
1. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), it can be determined 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 may have a significant effect on the environment, the activity is EXEMPT from further CEQA review for Specific Plan No. 2012-01 Amendment No. 1.
2. Find the facts presented within the staff report, including the attached Planning Commission staff report for March 18, 2015, support the required Findings for approval of the proposed amendment to the PUD and adopt the Findings.
3. Move to waive the reading of Ordinance No. 468 in its entirety and read by title only.
4. Introduce Ordinance No. 468, approving Specific Plan No. 2012-01 Amendment No.1.
5. Move to approve the amendment subject to revised Conditions of Approval for TM No. 14484.
6. Direct staff to file a Notice of Determination and Exemption with the San Bernardino County Clerk of the Board of Supervisors.
REPORTS, REQUESTS AND COMMUNICATIONS
BUSINESS OF THE COUNCIL
10. Discussion of Cancellation of Town Council Meetings of April 28, 2015 and May 12, 2015 Due to the Need for a Special Meeting Discussion
Provide direction to staff.
11. Award Contract for the Apple Valley Golf Course Irrigation Well Equipping Project
Award a contract to the lowest qualified bidder for the Apple Valley Golf Course Irrigation Well Equipping Project, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE
DEPARTMENTAL REPORTS AND BUSINESS:
A. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.
B. Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one potential case.
C. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case Name: Application No. 14-01-002, In the Matter of the Application of Park Water Company-Apple Valley Ranchos Water Company Water System (U346W) for Authority to Increase Rate Charges for Water Service by $3,127,463.00 or 14.88% in 2015, $2,056,455.00 or 8.48% in 2016, and $2,160,731.00 or 8.19% in 2017.
D. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case Name: Application No. 14-11-013 Joint Application of Liberty Utilities Co., Liberty WWH, Inc., Western Water Holdings, LLC, Park Water Company (U314W), and Apple Valley Ranchos Water Company (U346W) for Authority for Liberty Utilities Co. to Acquire and Control Park Water Company and Apple Valley Ranchos Water Company.
E. Conference with Real Property Negotiators – Pursuant to Government Code Section 54956.8. Property: Apple Valley Ranchos Water Company; Authority Negotiator: Town Manager; Negotiating Parties: Park Water Company, The Carlyle Group, Carlyle Infrastructure Partners, Western Water Holdings LLC; Under Negotiation: Price and terms of Payment.