January 14, 2020

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APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

January 14, 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: Pastor Kit Johnson of Life Point Baptist Church
     
PLEDGE OF ALLEGIANCE:

PRESENTATIONS: Recognition of incoming Planning Commissioner, Tom Lanyon

PUBLIC COMMENTS

COUNCIL MEMBER 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 – January 28, 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 – December 10, 2019.
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. December 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. 
       
3. December 2019 Payroll/Benefits Warrants Schedule. 
Recommendation:
That the Town Council receive, ratify and file the Payroll/Benefits Schedule.

4. Release of Securities for Parcel Map 19937.
Recommendation:
Find that the construction of various improvements required for Parcel Map 19937
are complete and approve the 50% reduction of the performance securities and release of the labor and materials security.

5. Final Parcel Map 19989.
Recommendation:
Move to accept final map for Parcel Map 19989.

6. Accept the Final Map for Parcel Map No. 18083
Applicant: Arete Enterprises, LLC
Recommendation:
Move to accept the final map, securities and agreements for Parcel Map No. 18083.

7. Acceptance of Work for Resurfacing 2019-03 – Project No. 2019-05.
Recommendation:
That the Town Council:
A. Accept the work completed as part of the Resurfacing 2019-03 Project No. 2019-05 for a total contract cost of $237,084.00.
B. Direct the Town Clerk to file the Notice of Completion for the contract work.
C. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

8. Award contract for the Construction Management services for the Apple Valley Road Intersection Realignment – Project No. 2019-06.
Recommendation:
Award a contract to Parsons Transportation Group, Inc. for Construction Management Services for the Apple Valley Road Intersection Realignment – Project No. 2019-06 in an amount not to exceed $1,769,974.00, subject to “Approval as to Form” by the Town Attorney, and “Approval as to Content” by the Town Manager.

9. SR-18/Apple Valley Road Intersection Realignment Project Contract Amendment No. 4.
Recommendation:
Approve Amendment No. 4 to the November, 2008 agreement between the Town of Apple Valley and Dokken Engineering for engineering services on the State Route 18/Apple Valley Road Intersection Realignment Project for an amount not-to-exceed $214,312.

10. Second Reading of Ordinance 523 of the Town of Apple Valley, California, Amending 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:
Adopt Ordinance No. 523

11. Second Reading of Ordinance 524, Amending 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:
Adopt Ordinance No. 524.

12. Updated Schedule of future Development Code Amendment Discussions.
Recommendation:
Receive and file 

13. California Department of Parks and Recreation Grant Programs.
Recommendation:
That the Town Council adopt Resolution No. 2020-01 and Resolution No. 2020-02 approving and authorizing (1) the submittal of applications for grant funds from the Recreational Trails Program and the Land and Water Conservation Fund for the Apple Valley Legacy Trail; (2) authorize the Town Manager to submit grant application; and (3) authorize the Town Manager to execute all matters pertaining to assurances and agreements as required by the California Department of Parks and Recreation (Department).

14. Report of Action from Parks and Recreation Commission
Recommendation:
Receive and file

PUBLIC HEARINGS

15. Development Code Amendment No. 2019-013 is a Request to Amend Title 9 “Development Code” of the Town of Apple Valley Municipal Code, to Include Advisory Information Regarding Development Impact Fees to Chapter 9.71 “Subdivision Regulations”.
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. 2019-017 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. 525 in its entirety and read by title only.
D. Introduce Ordinance No. 525 approving Development Code Amendment No. 2019-013; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.

BUSINESS OF THE COUNCIL

16. Interfund Loan – General Fund to Redevelopment Obligation Retirement Fund
Recommendation:
Adopt an interfund loan agreement between the General Fund and the Redevelopment Obligation Retirement Fund in a total amount of $21,815.36 to support the reclassification of a 17-18 over expenditure to future Recognized Obligation Payment Schedule (ROPS) for reimbursement.

17. Discussion of Quimby Act Fund Use.
Recommendation:
Approve the list of projects and move to Requests for Proposals  

18. Formation of an Ad-Hoc Committee to Review Multi-Family Residential Development Standards.
Recommendation:
Council should appoint two members of the Town Council to serve on the Ad-Hoc Committee to review the Multi-Family Development Code standards.

19. Discussion of Sign Code Regulation.
Recommendation:
Receive and provide direction.

REPORTS, REQUESTS AND COMMUNICATIONS

None.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

20. 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