February 11, 2020

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

February 11, 2020

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_____, Cusack _____, Leon _____, Mayor Pro Tem Emick _____, Mayor Nassif _____.
(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)

OPENING CEREMONIES

INVOCATION: Sr. Pastor Valery from Victory in Jesus Bible Faith Center 

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:
Employee of the Quarter – Kristine Shoup, Human Resource Analyst – Public Works Department.
Employee of the Quarter – Detective Roosevelt Dutra – Sheriff’s Department.
Presentation from Wells Fargo of a miniature mural portrait presented to the Town of Apple Valley
Donation from the Lions Club to the Town Council for the Parks and Recreation Department.

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 – February 25, 2020 – 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 – January 28, 2019.
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. January 2020 Commercial Warrants and Wire Transfer Schedule.
Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

3. January 2020 Payroll/Benefits Warrants Schedule.
Recommendation:

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

4. Application to San Bernardino County Transportation Authority (SBCTA) for Local Transportation Funds – Article 8 Other Purpose Claim.
Recommendation:

Authorize the Town Manager to apply for Local Transportation Funds – Article 8 – Other Purpose Claim in the amount of $79,095 for Fiscal Year 2019-20.

5. Approve the Revised Exhibit “A” for the Agreement of Sharing Cost of Electrical Facilities on State Highways.
Recommendation:

Approve revised Exhibit A for the Agreement of Sharing Cost of Electrical Facilities on State Highways.

6. Award of Contract, Kasota-Tuscola Connector Road.
Recommendation:

A. Award a contract to Roadway Engineering and Contracting, Inc. for Kasota-Tuscola Connector Road subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;
B. Approve Budget Amendment.

7. Authorization to Advertise Highway 18 Shoulder Median Improvement Project.
Recommendation:

A. That the Town Council review and approve the bid documents for Highway 18 Shoulder Median Improvement Project.
B. That the Town Council authorize staff to solicit bids for construction of said project.

8. Authorization to Advertise Jess Ranch Parkway at Marketplace Drive Signal Modification – Project No. 2020-01.
Recommendation:

A. That the Town Council review and approve the bid documents for the Jess Ranch Parkway at Marketplace Drive Signal Modification - Project No. 2020-01.
B. That the Town Council authorize staff to solicit bids for construction of said project.

9. Adopt Ordinance No. 526 – An Ordinance of the Town Council of the Town of Apple Valley, California, Amending Chapter 12.20., Entitled “Special Speed Limits” of Title 12 of the Town of Apple Valley Municipal Code”
Recommendation:

Adopt Ordinance No. 526

10. Request to Vacate a Portion of a Sewer Easement at the Lewis Center for Educational Research, APN 473-183-21.
Recommendation:

A. Find that a portion of the 30-foot-wide sewer easement (instrument number 89-216802) located at the Lewis Center for Educational Research, APN 473-183-21, has been superseded by relocation and there are no other public facilities located within the easement;
B. Adopt Resolution No. 2020- 04 “A Resolution of the Town Council of the Town of Apple Valley, California, vacating a portion of the sewer easement (instrument number 89-216802) located at the High Desert “Partnership In Academic Excellence” Foundation, APN 473-183-21, pursuant to the Streets and Highway Code Section 8333(c)";
C. Instruct the Town Clerk to cause the Resolution vacating a portion of the sewer easement to be recorded in the office of the County Recorder of the County of San Bernardino, pursuant to Section 8333(c) of the Streets and Highways Code.

11. Updated Schedule of future Development Code Amendment Discussions.
Recommendation:

Receive and file

12. Approve Purchase of Real Properties Located on Symeron Road (APN 0473-041-14) And Kasota Road (APN 0473-112-13)
Recommendation:

Approve the purchase of parcel 0473-041-14 located on Symeron Road for the purpose of constructing the Tao Road southerly extension and parcel 0473-112-13 for the purpose of constructing the Kasota-Tuscola Connector Road.

PUBLIC HEARINGS

13. Resolution 2020-05, To Record Delinquent Utility Fees and Costs Against Real Property Located in the Town of Apple Valley and Directing that Said Assessments Constitute a Lien Upon Said Properties.
Recommendation:

A. Open Public Hearing;
B. Close Public Hearing.
C. Adopt Resolution No. 2020-05, confirming delinquent utility fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties.

14. Development Code Amendment No. 2019-012 is a Request to Amend Title 9 “Development Code” of the Town of Apple Valley Municipal Code, to Allow Administrative Review of Amendments to Previously Approved Projects.
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. 2019-016 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. 527 in its entirety and read by title only.
D. Introduce Ordinance No. 527 approving Development Code Amendment No. 2019-012; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.

15. Introduce Ordinance No. 528 – An Ordinance of the Town Council of the Town of Apple Valley, California, Amending Section 9.36.230 and Adding Section 9.29.210 of the Apple Valley Development Code as it Relates to Personal Recreational Cannabis Cultivation and Penalties for Cannabis Cultivation Violations.
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. 2019-019 adopted December 18, 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. 528 in its entirety and read by title only.
D. Introduce Ordinance No. 528 approving Development Code Amendment No. 2019-016; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.

16. Introduce Ordinance No. 529 – An Ordinance of the Town Council of the Town of Apple Valley, California, Amending Chapter 1.01 of the Apple Valley Municipal Code as it Relates to the Fines Associated with Illegal Cannabis Cultivation.
Recommendation:

A. Find that the proposed adoption of Ordinance No. 529 is not subject to and is exempt from CEQA based upon a finding that, under section 15061(b)(3) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.
B. Move to waive the reading of Ordinance No. 529 in its entirety and read by title only.
C. Move to introduce Ordinance No. 529 amending Chapter 1.01 as it relates to the fines associated with illegal cannabis cultivation.
D. Direct staff to file a Notice of Exemption.

BUSINESS OF THE COUNCIL
NONE. 


REPORTS, REQUESTS AND COMMUNICATIONS
NONE.

 

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

 

DEPARTMENTAL REPORTS AND BUSINESS
Town Manager Report

 

CLOSED SESSION

17. 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.

ADJOURNMENT