May 28, 2019

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AGENDA
APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY
May 28, 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:

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 – June 11, 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.

1. Approval of Minutes
Recommendation:
A. Approve the subject minutes of the May 1, 2019 Special Meeting.
B. Approve the subject minutes of the May 14, 2019 Town Council Meeting.

2. Treasurer’s Report – March 2019
Recommendation:
That Town Council receive and file the February 2019 Treasurer’s Report.

3. Verizon at Lenny Brewster Sports Complex Site Agreement
Recommendation:
Approve the attached Cell Site Lease Agreement between SMSA Limited Partnership (dba Verizon Wireless) (“Licensee”) and the Town of Apple Valley (“Licensor”) establishing the terms and conditions applicable to the installation and construction of a two (2)-carrier telecommunication facility designed as a seventy-five (75)-foot tall faux water tank at Lenny Brewster Sports Complex.

4. Apple Valley Desert Water Reuse Project
Recommendation:
A. That Town Council review and approve the bid documents for Apple Valley Desert Water Reuse – Project 2019-01.
B. That Town Council authorize staff to solicit bids for construction of said project.

5. Authorization to Advertise Resurfacing 2019-02
Recommendation:
A. That the Town Council review and approve the bid documents for Resurfacing 2019-02.
B. That the Town Council authorize staff to solicit bids for construction of said project.

6. Authorization to Advertise Vineyards Drainage Improvement Project
Recommendation:
A. That the Town Council review and approve the bid documents for the Vineyards Drainage Improvements – Project No. 2019-04
B. That the Town Council authorize staff to solicit bids for construction of said project.

7. Award Bear Valley Road Intersection Improvements
Recommendation:
Award a Professional Services Agreement to KOA Corporation for the Bear Valley Road Intersection Improvements - Project No. 2019-03 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

PUBLIC HEARINGS

8. Introduce Ordinance No. 507 – 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 Enforcement, Notice, and Appeal Processes
Recommendation:
A. Find that the proposed adoption of Ordinance No. 507 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. 507 in its entirety and read by title only.
C. Move to introduce Ordinance No. 507 amending Chapter 1.01 as it relates to the enforcement, notice, and appeal processes.
D. Direct staff to file a Notice of Exemption.

9. Introduce Ordinance No. 508 – An Ordinance of the Town Council of the Town of Apple Valley, California, Amending Chapter 6.30 of the Apple Valley Municipal Code as it Relates to the Enforcement and Notice Processes
Recommendation:
A. Find that the proposed adoption of Ordinance No. 508 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. 508 in its entirety and read by title only.
C. Move to introduce Ordinance No. 508 amending Chapter 6.30 as it relates to the enforcement and notice processes.
D. Direct staff to file a Notice of Exemption.

10. Introduce Ordinance No. 509 – An Ordinance of the Town Council of the Town of Apple Valley, California, Amending Chapter 8.28 of the Apple Valley Municipal Code as it Relates to the Replacement of the Uniform Housing Code with the International Property Maintenance Code
Recommendation:
A. Find that the proposed adoption of Ordinance No. 509 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. 509 in its entirety and read by title only.
C. Move to introduce Ordinance No. 509 amending Chapter 8.28 as it relates to the replacement of the Uniform Housing Code with the International Property Maintenance Code.
D. Direct staff to file a Notice of Exemption.

11. Introduce Ordinance No. 510 – An Ordinance of the Town Council of the Town Of Apple Valley, California, Amending Title 11 of the Apple Valley Municipal Code to Add Chapter 11.110 Regarding Unlawful Loud Or Unruly Gatherings
Recommendation:
A. Find that the proposed adoption of Ordinance No. 510 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. 510 in its entirety and read by title only.
C. Move to introduce Ordinance No. 510 amending Title 11 as it relates to the addition of Chapter 11.110 Unlawful Loud or Unruly Gatherings.
D. Direct staff to file a Notice of Exemption.

BUSINESS OF THE COUNCIL

12. Presentation of the Draft SR18 Corridor Enhancement Plan
Recommendation:
Receive and file.

REPORTS, REQUESTS AND COMMUNICATIONS

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

13. 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 Real Property Negotiators – Pursuant to Government Code. Section 54956.8. Property: A 99.47 acre parcel along Highway 18 at the base of Miner’s Hill, also known as Assessor’s Parcel Number 3112-181-03; Authority Negotiator: Town Manager; Negotiating Parties: Donald Brown, Lee & Associates, Et Al; Under Negotiation: Price and Terms of Payment.

ADJOURNMENT