July 14, 2015

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

JULY 14, 2015

REGULAR SESSION BEGINS AT 6:30 P.M.

PLEASE SILENCE CELL PHONES AND PAGERS UPON ENTERING THE CHAMBERS

The meeting will occur in the Council Chambers 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 Chambers. 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 chambers 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 _____, Nassif _____, Mayor Pro Tem Stanton _____, Mayor Cusack _____.

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

OPENING CEREMONIES

INVOCATION: Pastor Josh Gerbracht, First Assembly of God

PRESENTATION:

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, July 28, 2015 – Council Chambers
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 – June 23, 2015

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

2. May 2015 - Commercial Warrants Schedule


Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants Schedule as presented.

3. May 2015 Payroll/Benefits Warrants Schedule


Recommendation:
That the Town Council receive, ratify, and file the Payroll/Benefits Warrants as presented.

4. FY 2014/2015 – Commercial Warrants Schedule


Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants Schedule as presented.

5. Treasurer’s Report – April 2015 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Course Fund


Recommendation:
That the Town Council receive and file the April 2015 Treasurer’s Report.

6. Treasurer’s Report – May 2015 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Course Fund


Recommendation:
That the Town Council receive and file the May 2015 Treasurer’s Report.

7. Adopt Ordinance No. 469 – An Ordinance of the Town Council of the Town of Apple Valley, California, Modifying Chapter 2.28 of the Municipal Code as it Pertains to the Functions, Powers and Duties of the Equestrian Advisory Committee

Recommendation:
Adopt Ordinance No. 469.

8. Fee Waiver Requests for Homes for our Troops

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $68.88.

9. Low Cost Adopt-A-Cat Month


Recommendation:
1. Direct staff to implement a low cost Adopt-A Cat Month during the month of August 2015

2. Direct staff to offer cat adoptions at a discounted rate of $20.00 for the month of August 2015.

3. Direct staff to offer cat adoptions with a microchip at a discounted rate of $10.00 for any cat that is already spayed or neutered during the month of August 2015.

4. Direct staff to offer microchip services for owned cats at a discounted rate of $10.00 per cat during the month of August 2015.

10. Adopt Resolution No. 2015-26 Authorizing the Town Manager to Execute an Agreement with the California Department of Transportation for the Town of Apple Valley Safe Routes to Schools Master Plan.

Recommendation:
That the Town Council adopt Resolution Number 2015-16, authorizing the Town Manager to execute an Agreement with the California Department of Transportation for the Town of Apple Valley Safe Routes to Schools Master Plan Project.

PUBLIC HEARINGS

11. Resolution No. 2015-24, To Record Delinquent Animal Control Fees, Utility Fees and Costs and Code Enforcement Fees against Real Property Located in the Town of Apple Valley and Directing that Said Assessments Constitute a Lien upon Said Properties

Recommendation:
That the Town Council adopt Resolution No. 2015-24, confirming delinquent utility fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties;

12. Lighting and Landscape Assessment District #1 – Engineer’s Annual Report and Levy of Assessment for FY 2015-2016.


Recommendation:
1. Conduct the Public Hearing.

2. Adopt Resolution No. 2015-25, “A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for Fiscal Year 2015-2016”.

13. A Request to Consider an Amendment to Title 9 “Development Code” of the Town of Apple Valley Municipal Code by Amending Chapter 9.77 as it Relates to Modifications to Existing Wireless Telecommunication Towers and Antennas Consistent with Federal Law


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. 471 in its entirety and read by title only.

5. Introduce Ordinance No. 471, revising Title 9 "Development Code" of the Town of Apple Valley Municipal Code by amending Title 9 "Development Code" Section 9.77 as it relates to modifications to existing wireless telecommunication towers and antennas consistent with Federal Law.

6. Direct staff to file a Notice of Exemption.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL


14. Introduce Ordinance No. 470 - An Ordinance of the Town Council of the Town of Apple Valley, Adding Chapter 8.38 to Title 8 (Building and Construction) of the Town of Apple Valley Municipal Code Relating to Permitting of Small Residential Rooftop Solar Systems


Recommendation:
1. Move to waive the reading of Ordinance No. 470 in its entirety and read by title only.

2. Introduce Ordinance No. 470, an Ordinance of the Town Council of the Town of Apple
Valley, California, Adding Chapter 8.38 to Title 8, (Buildings and Construction) of the
Town of Apple Valley Municipal Code Relating to Permitting of Small Residential
Rooftop Solar Systems

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE


CLOSED SESSION

15. 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 potential case.

C. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case Name: Application No. 14-01-002, In the Matter of the Application of Park Water Company-Apple Valley Ranchos Water Company Water System (U346W) for Authority to Increase Rate Charges for Water Service by $3,127,463.00 or 14.88% in 2015, $2,056,455.00 or 8.48% in 2016, and $2,160,731.00 or 8.19% in 2017.

D. 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.

E. Conference with Real Property Negotiators – Pursuant to Government Code Section 54956.8. Property: Apple Valley Ranchos Water Company; Authority Negotiator: Town Manager; Negotiating Parties: Park Water Company, The Carlyle Group, Carlyle Infrastructure Partners, Western Water Holdings LLC; Under Negotiation: Price and terms of Payment.

ADJOURNMENT



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