March 12, 2019

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AGENDA

 APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY/

PUBLIC FINANCING AUTHORITY

March 12, 2019

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:         

Bishop_____, Emick _____, Leon _____, Mayor Pro Tem Nassif _____, Mayor Cusack _____.

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

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:    

PRESENTATIONS:  

 Employee of the Quarter – Gene Whiteside, Information Systems Technician, Information Systems

Apple Valley Police Department Employee of the Quarter – Reynalda Hernandez, Office Specialist

Recognition of Chris Bishop from Cole Vocational Services for service to the Town.

 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:
Regular Meeting – March 26, 2019 – 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.

Recommendation:
Approve the subject minutes as a part of the consent agenda.

Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

Recommendation:
That the Town Council receive, ratify, and file the Payroll/Benefits Warrants Schedule.

Recommendation:
That the Town Council receive and file the November 2018 Treasurer’s Report

Recommendation:
That the Town Council receive and file the December 2018 Treasurer’s Report

Recommendation:
That the Town Council approve right-of-way capital funding agreement, between the County of San Bernardino and the Town of Apple Valley, for the Yucca Loma Corridor Project, subject to approval as to form by the Town Attorney.

Recommendation:
Find that the construction of various improvements required for Parcel Map 18893 are complete and approve the 50% reduction of the performance securities.

Recommendation:
Move to accept the final map Parcel Map No. 19878

Recommendation:
A. Approve the new National Pollution Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement with the County of   San Bernardino (County) and the cities of Victorville and Hesperia, collectively known as the Mojave River Watershed Group.
B. Authorize the Mayor to execute the Agreement.

Recommendation:
A. That the Town Council review and approve the bid documents for the Jess Ranch Community Manholes – Project No. PW2019-01
B. That the Town Council authorize staff to solicit bids for construction of said project

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Park Rental Fee and Special Events permit fee, totaling $613.00.

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee and Special Events permit of $1,201.00.

PUBLIC HEARINGS

Recommendation:
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 February 6, 2019, 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. 504 in its entirety and read by title only.
D. Introduce Ordinance No. 504 approving Development Code Amendment No. 2019-003

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

None.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

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.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.

E. 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.

ADJOURNMENT