September 13, 2016

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

SEPTEMBER 13, 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 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 _____, 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 Joseph Valery, Victory in Jesus Bible Faith Center

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:    

Support Apple Valley Events (SAVE) Sponsor Recognition, Kathie Martin, Marketing and Public Affairs Officer

Disaster Service Workers Recognition, Joseph Ramos, Emergency Services Officer

Citizens Against Legalizing Marijuana (CALM) Presentation, Scott Chipman

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, September 27, 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 – August 9, 2016
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. July 2016 - Commercial Warrants Schedule
Recommendation:
That the Town Council receive, ratify and file the Commercial Warrants Schedule as presented.

3. July 2016 Payroll / Benefits Warrants Schedule
Recommendation:
That the Town Council receive, ratify and file the Payroll / Benefits Warrants as presented.

4. Claimant – Michael A. Madsen
Recommendation:
Reject the claim of Michael A. Madsen.

5. Claimant – Bernadette Marie Lopez
Recommendation:
Reject the claim of Bernadette Marie Lopez.

6. Agreement between the Town of Apple Valley and the Apple Valley Unified School District for Use of the Swimming Pool
Recommendation:
Approve the updated Swimming Pool Use Agreement between the Town and the Apple Valley Unified School District (AVUSD).

7. Adopt Ordinance No. 486 – An Ordinance of the Town Council of the Town of Apple Valley to Adopt the Apple Valley Choice Energy (AVCE) Implementation Plan and Statement of Intent
Recommendation:
Adopt Ordinance No. 486 adopting the Apple Valley Choice Energy (AVCE) Implementation Plan and Statement of Intent.

8. Advertise Townwide Class II Bikeway Upgrade – Project No. 2016-03
Recommendation:
1. That the Town Council review and approve the project plans, specifications and bid documents for the Townwide Class II Bikeway Upgrade -- Project No. 2016-03.
2. That the Town Council authorize staff to solicit bids for construction of said project.

9. Mojave Riverwalk South Project – Project No. 2015-08
Recommendation:
Award a contract to C.S. Legacy for the Mojave Riverwalk South Project No. 2015-08 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

10. Bear Valley Bike Path – Project No. 2012-03
Recommendation:
Award a contract to Riverside Construction for the Bear Valley Road Bike Path Project – Phase 1, No. 2012-03 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

11. Acceptance of Work, Notice of Completion and Release of Retention for the Yucca Loma Bridge/Yates Road — Project No. 2013-04
Recommendation:
That the Town Council:
1. Accept the work completed as part of the Yucca Loma Bridge over the Mojave River and Yates Road Improvements – Project No. 2013-04, for a total cost of $37,241,579.20 (thirty seven million, two hundred forty one thousand, five hundred seventy nine dollars and twenty cents).
2. Direct the Town Clerk to file the Notice of Completion for the contract work.
3. Direct the Finance Director to release the retained funds thirty (30) days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

12. Adopt Resolution No. 2016-27 Designating the Town Manager and/or Town Engineer as the Town’s Agent to Execute for and on Behalf of all Matters Pertaining to the Department of Transportation of the State of California
Recommendation:
Adopt Resolution No. 2016-27, A Resolution of the Town Council of the Town of Apple Valley, California, designating the Town Manager and/or Town Engineer, as the Town’s agents for all matters pertaining to the Department of Transportation of the State of California.

13. Adopt Resolution No. 2016-28 of the Town Council of the Town Of Apple Valley, California, Amending Resolution No. 2014-44, Amending the Conflict of Interest Code Pursuant to the Political Reform Act by Reference to the Standard Conflict of Interest Code Set Forth in Section 18730 of the Regulations of the Fair Political Practices Commission As Amended
Recommendation:
That the Town Council adopt Resolution No. 2016-28.

14. Cutting Off Our Supply – Spay/Neuter Incentive Program and Licensing Late Fee Amnesty
Recommendation:
That the Town Council authorize the Director of Animal Services to implement the CUTTING OFF OUR SUPPLY - SPAY/NEUTER INCENTIVE PROGRAM AND LICENSING LATE FEE AMNESTY, including approving discounts in adoption fees, microchips, return-to-owner fees, amnesty on dog license late fees (1 year only) and spay/neuter vouchers when donations have been secured to offset the discounts without impacting the operating budget of the Department.

PUBLIC HEARINGS

15. A Request to Consider an Amendment to Title 9 Development Code to Add Section 9.36.230 Prohibiting Dispensaries, Cannabis Manufacturers and the Cultivation and Delivery of Cannabis and to Remove Redundancies in the Municipal Code
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. 487 in its entirety and read by title only.

5. Introduce Ordinance No. 487, revising Title 9 "Development Code" of the Town of Apple Valley Municipal Code by adding Section 9.36.230 Prohibiting Dispensaries, Cannabis Manufacturers and the Cultivation and Delivery of Cannabis in the Municipal Code.

6. Direct staff to file a Notice of Exemption.

16. An Amendment to Title 9 "Development Code" of the Town of Apple Valley Municipal Code Repealing Provisions Regulating Sex Offender Residency
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. 488 in its entirety and read by title only.

5. Introduce Ordinance No. 488, revising Title 9 "Development Code" of the Town of Apple Valley Municipal Code by repealing provisions regulating sex offender residency.

6. Direct staff to file a Notice of Exemption

17. Introduce Ordinance No. 489 - 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 2016 Edition of the California Building Code Volumes 1 and 2 including the Appendix and Standards, the 2016 Edition of the California Electrical Code, the 2016 Edition of the California Plumbing Code, the 2016 Edition of the California Mechanical Code, the 2016 Edition of the California Energy Code, the 2016 Edition of the California Residential Code, the 2016 Edition of the California Green Building Code and Adopting other Regulations Relating to Building Requirements
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, 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.
2. 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.
3. 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.
4. Move to waive the reading of Ordinance No. 489 in its entirety and read by title only.
5. Introduce Ordinance No. 489, 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.
6. Direct staff to file a Notice of Exemption.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL


18. Selection of Town Council Voting Delegate and Voting Alternate to League of California Cities’ 2016 Annual Conference
Recommendation:
Nominate one (1) Council Member as voting delegate and two (2) Council Members as voting alternates representing the Town of Apple Valley at the League of California Cities’ 2016 Annual Conference.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS


None.

CLOSED SESSION

19. 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.

H. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No. CIVDS160498 – Christina Lopez – Burton vs. Town of Apple Valley.

ADJOURNMENT


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