October 22, 2019

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

October 22, 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: Happy Trails Parade Winners – Lovella Sullivan, Event Coordinator – Village Property and Business Improvement District. 

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 – October 22, 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 October 8, 2019 Town Council Meeting.

2. Second Reading of Ordinance 519.
Recommendation:
Adopt Ordinance 519

3. Fee Waiver Request for Rotary Club of Apple Valley to Host a Fundraiser at the James Woody Auditorium on February 29, 2020.
Recommendation:
For good cause shown, and finding a fee waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $351.50.

4. Reject all Bids – Mendel Park Restroom Project.
Recommendation:
A. Reject all bids for the CDBG Mendel Restroom Project -- Project No. 2019-01. 
B. Direct staff to reduce the scope of the project. 
C. Authorize staff to solicit bids for the revised scope of work.

5. Award of Contract, Resurfacing 2019-03.
Recommendation:
Award a contract to Sully Miller Contracting Company for Resurfacing 2019-03 - Project No. 2019-05 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6. FY 2019-20 Grant Management Services.
Recommendation:
That the Town Council approve an extension to the Professional Services Agreement with Blais & Associates, Inc., for Grant Management Services for Fiscal Year 2019-2020.

7. California State Park Grant Program. 
Recommendation:
Adopt Resolution No. 2019-30 approving and authorizing (1) the submittal of grant application(s) for California State Parks Per Capita Grant Funds; (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 California State Parks.

8. State Advocacy Services.
Recommendation:
That the Town Council approve an extension to the Professional Services Agreement with Niemela Pappas & Associates for State Legislative Advocacy Services for Fiscal Year 2019-20.

PUBLIC HEARINGS

9. Development Code Amendment No. 2019-009, an Amendment to Title 9 "Development Code" of the Town of Apple Valley Municipal Code Modifying Table 9.35.030-A “Permitted Uses” of Chapter 9.35 “Commercial and Office Districts” and Table 9.45.030-A “Permitted Uses” of Chapter 9.45 “Industrial Districts” as Needed to Address Current Trends and Remove Outdated Language. Also Under Consideration is Replacing the Conditional Use Permit Process With a Special Use Permit Process for Uses that Have Limited Impacts Upon the Surrounding Property Owners.
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 September 4, 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. 520 in its entirety and read by title only.
D. Introduce Ordinance No. 520 approving Development Code Amendment No. 2019-009; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.

10. Development Code Amendment No. 2019-010, an Amendment to Title 9 "Development Code" of the Town of Apple Valley Municipal Code to Allow, Through the Deviation Permit Process, a Minor Reduction to Setbacks and Landscaping and an Increase in Building Height and Number of Compact Parking Spaces and a Reduction of Parking Spaces Required for Accessory Uses from the Standards Found in Chapter 9.35 “Commercial and Office Districts”.
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 September 4, 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. 521 in its entirety and read by title only.
D. Introduce Ordinance No. 521 approving Development Code Amendment No. 2019-010; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.

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

11. 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 Nos.: CIVDS1619242, CIVDS 1620483 – De La Cruz vs. Town of Apple Valley. 

F. 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

G. Conference with Real Property Negotiators – Pursuant to Government Code Section 54956.8:
i. Property: Parcel Numbers: 0473-041-02
Agency Negotiator: Town Manager; Town Engineer
Negotiating Parties: Interested Parties; Lee, Derek Ming & Lee, Jane Ming
Under Negotiation: Price and Terms of Payments

ii. Property: Parcel Numbers: 0473-041-14
Agency Negotiator: Town Manager; Town Engineer
Negotiating Parties: Interested Parties; Brayan Martines & Amanda Martinez
Under Negotiation: Price and Terms of Payments

iii. Property: Parcel Numbers: 0473-112-06 
Agency Negotiator: Town Manager; Town Engineer
Negotiating Parties: Interested Parties; Bryan J Tr Fancy & Ivy L Tr Fancy 
Under Negotiation: Price and Terms of Payments

iv. Property: Parcel Numbers: 0473-112-13
Agency Negotiator: Town Manager; Town Engineer
Negotiating Parties: Interested Parties; Estrella F Ramos, Wilhelmino F Ramos, Rosita Maylad, Enriques Maylad, Juanita Bautista, Gloria Asuncion, Jimmy Aquino, Estrella Ramos, Willie Ramos.  
Under Negotiation: Price and Terms of Payments

v.Property: Parcel Numbers: 0441-172-01
Agency Negotiator: Town Manager; Town Engineer
Negotiating Parties: Interested Parties; Tien Tan Nguyen & Hanh To
Under Negotiation: Price and Terms of Payments

vi. Property: Parcel Numbers: 0472-342-14 and 15
Agency Negotiator: Town Manager; Town Engineer
Negotiating Parties: Interested Parties; Lane A Biggs & Sung Hee Hong
Under Negotiation: Price and Terms of Payments

ADJOURNMENT