January 26, 2016

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

JANUARY 26, 2016

REGULAR SESSION BEGINS AT 6:30 P.M.



PLEASE SILENCE CELL PHONES AND PAGERS 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 Council 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 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 _____, Emick _____, Mayor Pro Tem Nassif _____, Mayor Stanton _____.

(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)

OPENING CEREMONIES

INVOCATION:    

Pastor Cheryl Denny, Apple Valley Faith Center

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Transparency Report: AV Ranchos Acquisition Process Expenditures to Date - Marc Puckett, Assistant Town Manager

PUBLIC COMMENTS

COUNCILMEMBER 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 – Tuesday, February 9, 2016 – 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 – January 12, 2016

Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Fee Waiver Request for American Cancer Society Relay for Life for Use of the Civic Center Park/Amphitheater

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $3,120.00.

3. Professional Veterinary Services - Spay/Neuter Surgeries

Recommendation:
Approve the Professional Veterinary Services - Spay/Neuter Surgeries Fee Schedule with an effective date of February 1, 2016, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

4. Authorization to Award a Professional Services Agreement for the Apple Valley Safe Routes to School Master Plan - Project No. 2015-05

Recommendation:
Award a Professional Services Agreement to KOA Corporation for the Apple Valley Safe Routes to School Master Plan - Project No. 2015-05 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

5. Town Council Consideration of Proposed Resolution Declaring Intention to Reimburse Expenditures from the Proceeds of Obligations to be Issued by the Town and Directing Certain Actions

Recommendation:
That the Town Council take the following action: Adopt Resolution No. 2016-01, in accordance with United States Income Tax Regulations Section 1.150-2.

6. Maintenance of Effort Base Year Level

Recommendation:
That the Town Council adopt Resolution No. 2016-02, which sets the Maintenance of Effort Base Year Level for Fiscal Year 2008/2009 at $0.

7. Adopt Resolution No. 2016-03 - A Resolution of the Town Council of the Town of Apple Valley, California, Authorizing Submittal of Applications to the Department of Resources Recycling and Recovery (CalRecycle) Effective Until Rescinded by the Signature Authority of this Governing Body


Recommendation:
That the Town Council adopt Resolution No. 2016-03, a Resolution of the Town Council of the Town of Apple Valley authorizing the Town Manager to execute Department of Resources Recycling and Recovery (CalRecycle) grants on behalf of the Town of Apple Valley.

8. Accept the Final Map for Parcel Map No. 19536

Recommendation:
Approve the final map for Parcel Map No. 19536.

PUBLIC HEARINGS

9. Resolution of Necessity Determining that the Public Interest and Necessity Require the Acquisition of Right of Way, Identified as Portions of Assessor Parcel Nos. 0399-251-01, 0399-261-01 and 0399-261-02, for a Pedestrian and Bike Trail along the Eastern Levee of the Mojave River

Recommendation:
This item is for the Council to:

1) Conduct a hearing to consider the adoption of a resolution of necessity for the acquisiton of real property by eminent domain. The property at issue is decribed as portions of Assessor Parcel Nos. 0399-251-01, 0399-261-01 and 0399-261-02, located south of Bear Valley Road and west of Jess Ranch Parkway within the Mojave River floodway, in Apple Valley, California. The property is being considered for the construction of a pedestrian and bike trail to be constructed along the eastern levee of the Mojave River adjacent to the Jess Ranch Development (Project), which covers the area from Tussing Ranch Road to Bear Valley Road, in San Bernardino County, California; 2) further, allow the property owner and other parties interested in the affected property and their attorneys or representatives an opportunty to be heard; and 3) make the following findings as hereinafter described in this report:

a. The public interest and necessity require the proposed project;
b. The project is planned or located in the manner that will be the most compatible with the greatest public good and the
    least private injury;
c. The real property to be acquired is necessary for the project; and,
d. The offer of just compensation has been made to the owner.

Adopt Resolution No. 2016-04 for the acquisition in fee by eminent domain of portions of the property described as Assessor Parcel Nos. 0399-251-01, 0399-261-01 and 0399-261-02, located in the Town of Apple Valley, California, for the Mojave River Walk South Project.

10. A Request to Consider an Amendment to Title 9 “Development Code” of the Town of Apple Valley Municipal Code by Modifying Chapter 9.31 “Residential Design Standards” as it Relates to Single Family Infill and Subdivision Development

Recommendation:
Move to open the public hearing and take testimony. Close the public hearing. Then:

1. 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.

2. Find the facts presented within the staff report support the required Findings for approval of an amendment to the Development Code, and adopt the Findings.

3. Find that the proposed Town Council 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.

4. Move to waive the reading of Ordinance No. 481 in its entirety and read by title only.

5. Introduce Ordinance No. 481, revising Title 9 "Development Code" of the Town of Apple Valley Municipal Code by modifying Chapter 9.31 "Residential Design Standards" as it relates to single family infill and subdivision development.

6. Direct staff to file a Notice of Exemption.

11. An Amendment to Title 9 "Development Code" of the Town of Apple Valley Municipal Code by Amending Table 9.28.030-A(B)(8) as it Relates to the Keeping of Llamas and Alpacas and Amending Section 9.29.030D as it Relates to Small Domestic Animals

Recommendation:
Move to open the public hearing and take testimony. Close the public hearing. Then:

1. 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.

2. Find the facts presented within the staff report support the required Findings for approval of an amendment to the Development Code, and adopt the Findings.

3. Find that the proposed Town Council 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.

4. Move to waive the reading of Ordinance No. 482 in its entirety and read by title only.

5. Introduce Ordinance No. 482, revising Title 9 "Development Code" of the Town of Apple Valley Municipal Code by modifying Table 9.28.030-A(B)(8) as it relates to small domestic animals.

6. Direct staff to file a Notice of Exemption.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

12. Security Enhancing Measures for the Town of Apple Valley Council Chamber and Town Hall

Recommendation:
Provide direction to staff.

13. Vacancy on the Equestrian Advisory Committee

Recommendation:
Council Member Emick to nominate: ___________________ to the Town of Apple Valley Equestrian Advisory Committee.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

None.

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 Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case Name: Application No. 14-11-013 Joint Application of Liberty Utilities Co., Liberty WWH, Inc., Western Water Holdings, LLC, Park Water Company (U314W), and Apple Valley Ranchos Water Company (U346W) for Authority for Liberty Utilities Co. to Acquire and Control Park Water Company and Apple Valley Ranchos Water Company.

D. Conference with Real Property Negotiators – Pursuant to Government Code Section 54956.8. Property: Apple Valley Ranchos Water Company; 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.

E. Negotiations with Real Property Negotiator – Parcel Number: 3112-181-01 located at Highway 18, between Dale Evans Parkway & Rancherias Road, Apple Valley; Negotiating Parties: 360 Apple West, LLC; Town Negotiator(s) -Town Manager. Negotiations involve both price and terms.

F. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1517935 - Apple Valley Ranchos Water Company vs. Town of Apple Valley Et Al.

G. 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


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