September 10, 2019

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY/

PUBLIC FINANCING AUTHORITY

September 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:      Minister James Campbell – JC Enterprises                 

PLEDGE OF ALLEGIANCE: 

PRESENTATIONS:  

Employee of the Quarter – Charlene Engeron – Public Relations Specialist

Apple Valley Police Department Employee of the Quarter – Deputy Melony Whitecloud

Census 2020 Presentation – Lupe Camacho

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 – September 24, 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 August 27, 2019 Town Council Meeting

2.    August 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.  August 2019 Payroll/Benefits Warrants Schedule.
Recommendation:

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

4.  Second Reading of Ordinance No. 514 An Ordinance of the Town Council of the Town of Apple Valley, California Removing Chapter 2.28 of Title 2 of the Apple Valley  Municipal Code in its Entirety as it Pertains to the Equestrian Advisory Committee
Recommendation:

Adopt Ordinance No. 514

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

Receive and file

6.  Fee Waiver for Don Ferrarese Charitable Foundation to Use the Dining Room at the Golf Course 
Recommendation:

For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $1,000.00.

7.  Adopt Resolution No. 2019-25, A Resolution of the Town Council of the Town of Apple Valley, California, Approving the Sewer System Management Plan Update
Recommendation:

Adopt Resolution No. 2019-25, a Resolution of the Town Council of the Town of Apple Valley, California, approving the Sewer System Management Plan (SSMP) update for the Town of Apple Valley as required by the State Water Resources Control Board Statewide General Waste Discharge Requirements for Sanitary Sewer Systems.

PUBLIC HEARINGS

8.  Zone Change No. 2019-001.  A Request to Consider a Change of Zone from Residential Equestrian (R-Eq) to Single Family Residential (R-Sf)
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 August 7, 2019, support the required Findings for approval of the proposed Specific Plan Amendment.
C. Move to waive the reading of Ordinance No.515 in its entirety and read by title only.
D. Introduce Ordinance No.515 approving Zone Change No. 2019-001; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.   

9.    An Ordinance of the Town Council of the Town of Apple Valley, California, Amending Title 8 of the Town of Apple Valley Municipal Code by Amending Chapters 8.10, 8.12, 8.16, 8.18, 8.21, 8.22, and 8.26, Adopting as Modified the 2019 Edition of the California Building Code Volumes 1, 2 Including the Appendix and Standards, the 2019 Edition of the California Electrical Code, the 2019 Edition of the California Plumbing Code, the 2019 Edition of the California Mechanical Code, the 2019 Edition of the California Energy Code, the 2019 Edition of the California Residential Code, 2019 Edition of the California Green Building Code and Adopting Other Regulations Relating to Building Requirements.
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, stating that 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 support the required findings for approval of an amendment to the Municipal Code, and adopt the Findings.
C. Find that the proposed Town Ordinance is consistent with the goals and Objectives of the adopted Town of Apple valley General Plan and that it is necessary to preserve the health, safety and general welfare of the citizens of Apple Valley.
D. Move to waive the reading of Ordinance No. 516  in its entirety and read by title only.
E. Introduce Ordinance No. 516, amending Chapters 8.10, 8. 12 & 8.22 of the Municipal Code as it relates to the adoption of the California Code of Regulations, Title 24, Parts 1-12.
F. Direct staff to file a Notice of Exemption

BUSINESS OF THE COUNCIL

10.  Discussion of Fencing of Outside Storage and use of Cargo containers in commercial and industrial zones.
Recommendation:

Receive and provide direction.

11.  Approve Entering into a Long-Term Renewable Energy Contract with Direct Energy Business Marketing, LLC
Recommendation:

Approve entering into a long-term renewable energy contract with Direct Energy Business Marketing, LLC for Apple Valley Choice Energy.

12.  Approve Entering into a Long-Term Renewable Energy Contract with 3 Phases Renewables Inc.
Recommendation:

Approve entering into a long-term renewable energy contract with 3 Phases Renewables Inc. for Apple Valley Choice Energy.

13.  Apple Valley Choice Energy – 2018 Power Content Label and Attestation.
Recommendation:

Endorse the accuracy of information presented in Apple Valley Choice Energy’s 2018 Power Content Label based on staff’s review and independent auditor report.

REPORTS, REQUESTS AND COMMUNICATIONS

NONE.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

14.   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 No.: CIVDS1925188 – Town of Apple Valley vs. Hai Do et al.

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

ADJOURNMENT