September 24, 2019

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

September 24, 2019

REGULAR SESSION BEGINS AT 6:30 P.M.

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: Pastor Nate Garn from Apple Valley Baptist Church
     
PLEDGE OF ALLEGIANCE:

PRESENTATIONS: Presentation by Juan M. Lopez, Southern California Edison, Government Relations Manager, on                                             Wildfire Mitigation Plan and Public Safety Power Shutoff

PUBLIC COMMENTS

COUNCIL MEMBER COMMITTEE/COMMISSION PARTICIPATION

Boards, Committees and Commissions

TOWN COUNCIL ANNOUNCEMENTS

Time, Date & Place for Next Town Council Regular or Special Meeting:
A. Regular Meeting – October 8, 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 September 10, 2019 Town Council Meeting

2. Second Reading of Ordinance 515 of the Town of Apple Valley, California, Relating to 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:
Adopt Ordinance 515.

3. Approve Joint Use Agreement with Victorville for Mojave River Walk Trail
Recommendation:
A. That the Town Council review and approve the proposed Joint Use Agreement with the City of Victorville to allow the Mojave River Walk to encroach within Town owned property.
B. That the Town Council authorize the Town Manager to sign said Joint Use Agreement.

4. Measure I 5 Year Plan, Fy 2018/2019 Capital Project Needs Analysis
Recommendation:
That the Town Council:
A. Council Approve FY 2019/2020 through 2023/2024 Measure I, 5-year plan
B. Adopt Resolution No 2019-26, “A Resolution of the Town Council of the Town of Apple Valley, State of California, Adopting the Measure I Five Year Capital Improvement Program”

PUBLIC HEARINGS

5. Development Code Amendment No. 2019-007 is an Amendment to Title 9 "Development Code" of the Town of Apple Valley Municipal Code That Will Modify Chapter 9.08 “Definitions” and Chapter 9.35 “Commercial and Office Districts” as it Relates to Artisan Beverage Makers and Alcohol Sales, and Chapter 9.57 “Public Facility Districts” to Allow Restaurants as a Permitted Use.
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 21, 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. 517 in its entirety and read by title only.
D. Introduce Ordinance No. 517 approving Development Code Amendment No. 2019-007; and
E.Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.

6. Development Code Amendment No. 2019-008, an Amendment to Title 9 "Development Code" of the Town of Apple Valley Municipal Code that will Modify Provisions Relating to Accessory Dwelling Units Located on Corner Lots and Modify the Definition of Front Lot Line.
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 Development Code Amendment and adopt the Findings. 
C. Move to waive the reading of Ordinance No. 518 in its entirety and read by title only.
D. Introduce Ordinance No. 518 approving Development Code Amendment No. 2019-008; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.

7. Program Year (py) 2018-2019 Community Development Block Grant (Cdbg), Consolidated Annual Performance Evaluation Report (Caper)
Recommendation: 
That the Town Council:
A. Conduct a public hearing and accept public testimony on the Program Year 2018-2019 Consolidated Annual Performance Evaluation Report (“CAPER”).
B. Approve the Program Year 2018-2019 CAPER.
C. Authorize the Town Manager or his designee to submit the Program Year 2018-2019 CAPER to the U.S. Department of Housing and Urban Development (“HUD”), along with any public testimony and changes thereto as directed by the Town Council.

Evaluation Report for Item 7: Program Year 2018-2019, Draft Consolidated Annual Performance Evaluation Report.

BUSINESS OF THE COUNCIL

8. Discussion and Possible Action Regarding an Amendment to the Town of Apple Valley Municipal Code Regarding Street/Food Vendors and Massage Establishments.
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

9. 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. 

ADJOURNMENT