December 10, 2019

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AGENDA

 APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY/

PUBLIC FINANCING AUTHORITY

December 10, 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: Pastor Josh Gerbracht, First Assembly of God
     
PLEDGE OF ALLEGIANCE: Girl Scout Flag Salute – troop 

PRESENTATIONS:

Employee of the Quarter – Jabez Vargas, Public Works Supervisor (Grounds) – Public Works Department. 
Employee of the Quarter – Lori Keyser, Secretary – Sheriff’s Department.
Recognition of Jason Lamoreux for work done on the Planning Commission.

 

MAYOR’S YOUTH LEADERSHIP SUMMIT – MOCK COUNCIL PRESENTATION

1. Youth Engagement on Social Media
Recommendation:
That the Town Council approve an expenditure of up to $1,000.00 to fund youth engagement on social media 
Recognition:  
Recognition of MYLS Sponsors

REORGANIZATION

2. Selection of Mayor and Mayor Pro Tempore
Recommendation:
(1) Council to select one of its number as Mayor.
(2) Council to select one of its number as Mayor Pro Tempore.

RECESS FOR REORGANIZATION

PRESENTATION:
Mayor’s Plaque – Mayor Cusack for his term as Mayor on the Town Council for the period December 2018 to December 2019.

PUBLIC COMMENTS

COUNCIL MEMBER 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 – January 14, 2020 – Council Chamber
Regular Session at 6:30 p.m.

TOWN COUNCIL CONSENT AGENDA

3. Approval of Minutes of the Town Council. 
A. Regular Meeting – November 12, 2019
B. Special Meeting – November 20, 2019
Recommendation:
Approve the subject minutes as part of the consent agenda.

4. November 2019 Commercial Warrants and Wire Transfer Schedule. 
Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented. 
       
5. November 2019 Payroll/Benefits Warrants Schedule. 
Recommendation:
That the Town Council receive, ratify and file the Payroll/Benefits Schedule.

6. Award Contract for Golf Course Pump and Pump House.
Recommendation:
Award a contract to Layne for the Golf Course water pump and pump house, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

7. Authorization to Advertise Kasota-Tuscola Connector Road.
Recommendation:
A. That the Town Council review and approve the bid documents for Kasota-Tuscola Connector Road.
B. That the Town Council authorize staff to solicit bids for construction of said project.

8. All-Way Stop at the Intersection of Apple Valley Road and Jess Ranch Parkway.
Recommendation:
Adopt Resolution 2019-33, “A Resolution of the Town Council of the Town of Apple Valley establishing the intersection of Apple Valley Road and Jess Ranch Parkway as an all-way STOP intersection.”

9. Second Reading of Ordinance 522 of the Town of Apple Valley, California, Amending Title 9 "Development Code" of the Town of Apple Valley Municipal  Code Allow  any  Request for an Intensity Bonus or Concession for Sustainable, Environmentally Supportive Commercial or Industrial Development to be Approved by the Applicable Review Authority and to Incorporate Specific Sustainable Measures as Qualifying Factors when Considering any Intensity Bonus or Concession.
Recommendation:
Adopt Ordinance No. 522

10. Approve Entering into a Long-Term Renewable Energy Contract with Tehachapi Plains Wind, LLC
Recommendation:
Approve entering into a long-term renewable energy contract with Tehachapi Plains Wind, LLC for Apple Valley Choice Energy.

11. A Resolution of the Town Council of the Town of Apple Valley, California, Amending the Classification and Salary Plan for the Town of Apple Valley.
Recommendation:
That the Town Council adopt the attached Resolution No. 2019-34, a Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary plan.  

12. Formal Approval of Request to Permit Overhead Power Lines at Ottawa Road and Manhasset Road.
Recommendation:
Formally approve request from High Desert Underground for special permission to leave overhead utility poles and lines in the vicinity of Ottawa Road and Manhasset Road subject to the requirement that the property owner execute an agreement to be recorded against the property indicating the owner’s consent to enter into a Town assessment district to fund the undergrounding of utilities at a future date.

PUBLIC HEARINGS 

13. An Amendment to Title 9 "Development Code" of the Town of Apple Valley Municipal Code to Allow Solid Metal and Vinyl as Optional Materials for Solid Fencing in Commercial Zones, Allow Cargo/Shipping Containers to be Used in Service Commercial (C-S) Zone in the Apple Valley Village, Modify the Definition and Footnote Related to Screening Material, and Provide Design Criteria for Cargo Containers to be Allowed in Residential Zones. in Addition, an Amendment to the North Apple Valley Industrial Specific Plan is Proposed to Allow Solid Metal and Vinyl as Optional Materials for Solid Fencing of Storage Areas.
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 Resolution No. 2019-15 adopted on November 6, 2019, support the required Findings for approval of the proposed Development Code Amendment and North Apple Valley Industrial Specific Plan Amendment No. 8 and adopt the Findings. 
C. Move to waive the reading of Ordinance No. 523 in its entirety and read by title only.
D. Introduce Ordinance No. 523 approving Development Code Amendment No. 2019-014 and North Apple Valley Industrial Specific Plan Amendment No. 8; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.

14. Development Code Amendment No. 2019-015, an Amendment to Title 9 "Development Code" of the Town of Apple Valley Municipal Code to Allow Legal, Nonconforming, Multi-Family Projects Consisting of Two (2) To Four (4) Units Located Within the Single-Family Residential (R-Sf) Zoning Designation to be Fully Repaired or Replaced in the Event of Fire of Other Damaging Event.   
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 Resolution No. 2019-018 adopted November 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. 524 in its entirety and read by title only.
D. Introduce Ordinance No. 524 approving Development Code Amendment No. 2019-015; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.

BUSINESS OF THE COUNCIL

15. Approval of New Lockbox Agreement with River City Bank for the Apple Valley Choice Energy (AVCE) CCA  
Recommendation:
That the Town Council approve the opening of a new Associated Lockbox Agreement for the Apple Valley Choice Energy (AVCE) CCA with River City Bank. 

16. Approving and Authorizing Transmittal of a Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2020-21 
Recommendation:
Adopt a resolution approving and authorizing transmittal of a Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2020-21.

17. Vacancy on the Town of Apple Valley Planning Commission
Recommendation:
Council Member Emick to nominate: ___________ to the Town of Apple Valley Planning Commission.

18. CalPERS Medical Benefits 
Recommendation:

The Human Resources department recommends that the Town Council approve the attached resolution to be submitted to the CalPERS Board for the purpose of obtaining medical benefits for Town of Apple Valley employees and retirees. 

REPORTS, REQUESTS AND COMMUNICATIONS

 NONE

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS


Town Manager Report

CLOSED SESSION

19. 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. Negotiations with Real Property Negotiator – Parcel Numbers:  0440-096-17 and 18, Apple Valley; Negotiating Parties: Interested parties, Michael Esquivel Family Trust & Irene Esquivel; Town Negotiator(s) -Town Manager.  Negotiations involve both price and terms.

ADJOURNMENT