April 24, 2018

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY


APRIL 24, 2018

 

REGULAR SESSION BEGINS AT 6:30 P.M.
                        

PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER


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.


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.


TOWN COUNCIL REGULAR SESSION


CALL TO ORDER THE REGULAR SESSION OF THE TOWN COUNCIL MEETING – 6:30 P.M.    


ROLL CALL


COUNCIL MEMBERS: 

Emick_____, Nassif _____, Stanton _____, Mayor Pro Tem Cusack _____, Mayor Bishop _____.

(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)


OPENING CEREMONIES


INVOCATION:         Pastor Paul Earl, Victorville Life Church


PLEDGE OF ALLEGIANCE:  


PRESENTATIONS:     

Mayor  Bishop  to  Perform  Swearing  in  Ceremony  for  Community  Emergency  Response  Team  (CERT)  Members

Proclamation – Child Abuse Prevention Month – Presented to Viviana Esparza, Child Abuse Prevention Coordinator

Employee of the Quarter presented to Jacob De La Cruz, Accountant I


PUBLIC COMMENTS


COUNCILMEMBER COMMITTEE/COMMISSION PARTICIPATION

Boards, Committees and Commissions


TOWN COUNCIL ANNOUNCEMENTS

Suggested items for future agenda:

Time, Date & Place for Next Town Council Regular or Special Meeting:

A. Regular Meeting – Tuesday, May 8, 2018 – Council Chamber

    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.

1.    Approval of Minutes of the Town Council

      A.    Regular Meeting – April 10, 2018

Recommendation:

Approve the subject minutes as part of the consent agenda.

2.    Award Paving 17-18, Project No. 2018-01

Recommendation:

A. Waive an inconsequential deviation in the bid of VSS International, Inc. and find VSS International, Inc. to be the lowest responsive and responsible bidder.

B. Award a contract to VSS International, Inc. for the Paving 17-18 - Project No. 2018-01 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

3.    Release of Securities for Tract Map Numbers 18917-1 and 18917-2

Recommendation:

Find that the construction of various improvements required for Tracts 18917-1 and 18917-2 are complete, and approve the 50% reduction of the performance securities.

4.    Adopt Resolution No. 2018-13, a Resolution of the Town Council of the Town of Apple Valley, California, Adopting a Grant Management Policy

Recommendation:

That the Town Council adopt Resolution No. 2018-13 approving a Grant Management Policy.

5.    Adopt Budget Amendment No. 18-12 Appropriating Homeland Security Grant Funds and Law Enforcement Facilities Funds for the Purchase of Automated License Plate Readers for Information Sharing and Public Safety as well as to Protect Critical Infrastructures and Key Resources

Recommendation:

It is recommended that the Town Council:

A. Approve receipt of the Homeland Security Grand funding in the amount of $22,779 and adopt Budget Amendment Number 18-12 appropriating grant funding; and

B. Authorize the Town Manger and/or Assistant Town Manager to execute the agreement with the Homeland Security Grant Program through the Governor’s Office of Emergency Services to distribute the funds to Vigilant Solutions for the purchase of automated license plate readers.

6.    Adopt Resolution No. 2018-14, A Resolution of the Town Council of the Town of Apple Valley, California, Identifying the Paving Project List to be funded by Senate Bill 1 (SB1)

Recommendation:

That the Town Council adopt Resolution 2018-14 identifying the paving project list to be funded by Senate Bill 1 (SB1).

PUBLIC HEARINGS

7.    Second Public Hearing for 2017-2021 Consolidated Plan/Second-Year Action Plan for the Community Development Block Grant (CDBG) and the HOME Investment Partnerships (HOME) Programs

Recommendation:

A. Open public hearing.

B. Close public hearing.

C. That the Town Council approve the Community Development Citizen Advisory Committee (CDCAC) funding recommendations of the 2018-2019 Second-Year Action Plan, an annual component of the five-year 2017-2021 Consolidated Plan; and authorize the Town Manager to execute all necessary HUD documents on behalf of the Town.

8.    General Plan Amendment No. 2017-001, Zone Change No. 2017-001

Recommendation:

Move to open the public hearing and take testimony. Close the public hearing. Then:

A. 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. 2017-001 and Zone Change No. 2017-001 will not have a significant effect on the environment.

B. Adopt the Negative Declaration prepared for General Plan Amendment No. 2017-001 and Zone Change No. 2017-001.

C. Find the facts presented within the staff report, including the attached Planning Commission staff report for March 7, 2018, support the required Findings for approval of the proposed General Plan Amendment and Zone Change and adopt the Findings.

D. Adopt Resolution No. 2018-12 approving General Plan Amendment No. 2017-001.

E. Move to waive the reading of Ordinance No. 501 in its entirety and read by title only.

F. Introduce Ordinance No. 501 approving Zone Change No. 2017-001; and

G. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.

9.    A Request to Consider an Amendment to Title 9 “Development Code” of the Town of Apple Valley Municipal Code by Modifying Chapter 9.08 “Definitions”, Chapter 9.28 “Residential Districts” and Chapter 9.29 “Specific Use Regulations for Residential Districts” as it Pertains to Accessory Dwelling Units and Other Residential Habitable Accessory Structures

Recommendation:

Move to open the public hearing and take testimony. Close the public hearing. Then:

A. Determine that, 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 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, including the attached Planning Commission staff report for March 21, 2018, 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. 502 in its entirety and read by title only.

D. Introduce Ordinance No. 502 approving Development Code Amendment No. 2017-002.

E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.     

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

10.   Agreement to Amend the Town Manager Contract to Include Voluntary Agreement to Participate in Across the Board Reductions due to Budget Constraints

Recommendation:

The Town Manager has proposed the attached letter agreement voluntarily subjecting him to the same cuts as all other employees.  Staff recommends acceptance and approval of the attached letter agreement amending his contract.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

11.   Closed Session

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 or more potential cases.

C. Conference with Real Property Negotiators – Pursuant to Government Code Section 54956.8.  Property:  Apple Valley Ranchos Water Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); Authority Negotiator: Town Manager; Negotiating Parties: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation: Price and Terms of Payment.

D. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.:  CIVDS1517935 - Apple Valley Ranchos Water Company vs. Town of Apple Valley Et Al.

E. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.

F. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, CPUC Application No. 17-04-024 - In the Matter of the Application of Mesa-Crest Water Company (U333W) and Liberty Utilities (Park Water) Corp. (U314W) for an Order Authorizing Mesa-Crest Water Company to Sell and Liberty Utilities (Park Water) Corp. to Purchase the Utility Assets of Mesa-Crest Water Company.

G. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1725027 – Christina Lopez-Burton v. Town of Apple Valley.

H. Negotiations with Real Property Negotiator – Parcel Number:  3112-251-13, Apple Valley; Negotiating Parties: Interested parties; Town Negotiator(s) - Town Manager.  Negotiations involve both price and terms.

ADJOURNMENT