August 25, 2015

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

AUGUST 25, 2015
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 (2) working days prior to the scheduled meeting for any requests for reasonable accommodations.

TOWN COUNCIL REGULAR MEETING

CALL TO ORDER THE TOWN COUNCIL REGULAR MEETING – 6:30 p.m.

ROLL CALL

COUNCILMEMBERS:

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 Cheryl Denny, Apple Valley Faith Center

PLEDGE OF ALLEGIANCE:

PRESENTATIONS: Certificates of Commendation - Teen Zone – Alicia Dannelley, Recreation Coordinator

Presentation – Institute of Public Strategy – Stephanie Pazarin

Semi-Annual Congressional Update from the Office of Congressman Paul Cook – Wally Linn, Representative

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 22, 2015 – Council Chambers 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 11, 2015

Recommendation:
That the Town Council approve the subject minutes as part of the consent agenda.

2. Adopt Ordinance No. 473, An Ordinance of the Town Council of the Town of Apple Valley, to Modify Title 9 “Development Code” of the Town of Apple Valley Municipal Code by Amending Chapter 9.25 “Deviation Permits” and Chapter 9.35 “Commercial Districts” as it Pertains to Allowing a Reduction in Landscaping and Setback Requirements for the Development of Substandard Commercial Lots

Recommendation:
Adopt Ordinance No. 473.

3. Agenda Publishing

Recommendation:
This is a receive and file item.

4. Fee Waiver Request for the Salvation Army Thanksgiving Day Dinner November 26, 2015, at the James Woody Community Center


Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $96.50.

5. Fee Waiver Request for the Boy Scout Troop 257 Eagle Court Of Honor Ceremony September 26, 2015, at the James Woody Auditorium

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $197.00.

6. Adopt Resolution No. 2015-31, a Resolution of the Town Council of the Town of Apple Valley, California, Amending the Personnel Policy and Procedure Manual for the Town of Apple Valley

Recommendation:
That the Town Council adopt the attached Resolution No. 2015-31, a Resolution of the Town Council of The Town of Apple Valley amending the Personnel Policy and Procedure Manual for the Town of Apple Valley.

7. Review and Approval to Advertise the Albertson/Apple Valley Inn Pathway Improvements - Project No. 2015-07

Recommendation:
1. That the Town Council review and approve the project plans, specifications, and bid documents for the Albertson/Apple Valley Inn Pathway Improvements-Project No. 2015-07.

2. That the Town Council authorize staff to solicit bids for construction of said project.

8. Pets and Patriots Month


Recommendation:
That the Town Council adopt Resolution No. 2015-34, A Resolution of the Town Council of the Town of Apple Valley, declaring September 2015 as Pets and Patriots Month.

PUBLIC HEARINGS

9. General Plan Amendment No. 2015-001, A Request to Modify the General Plan Land Use Designation for a Two (2) Acre Portion of Lenny Brewster Sports Complex (APN 0440-085-13) From Very Low Density Residential (R-VLD) to Open Space (OS); to Modify the General Plan Land Use Designation for a 19.5 Acre Parcel Within the Town of Apple Valley Dry Lake (APN 0440-085-06) From Very Low Density Residential (R-VLD) to Public Facilities (P-F); and a Request to Change to General Plan Road Designation of Navajo Road, Between Gustine Road and Fresno Road, From a Secondary to a Local Industrial; Changing Fresno Road, Between Navajo Road and Dakota Road From a Secondary to a Local Industrial; and Changing Gustine Road, Between Navajo Road and Dakota Road, from Local Industrial to Secondary.

Zone Change No. 2015-001 is a Request to Change the Zoning Designation for a Two (2) Acre Portion of Lenny Brewster Sports Complex (APN 0440-085-13) from Very Low Density Residential (R-VLD) to Open Space Recreation (OS-R) and to Change a 19.5 Acre Parcel within the Town Of Apple Valley Dry Lake (APN 0440-085-06) from Very Low Density Residential (R-VLD) to Public Facilities (P-F).

Location: APN 0440-085-13 is Located at the Northwesterly Edge of 21024 Otoe Road (Brewster Park); APN 0440-085-06 Located on the North Side of Otoe Road, Approximately 1,300 Feet West of Navajo Road; Navajo Road, Between Gustine Road and Fresno Road; Fresno Road, Between Navajo Road and Dakota Road; and Gustine Road, Between Navajo Road and Dakota Road.

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

1. Determine that, in conformance with the requirements of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the proposed General Plan Amendment No. 2015-001 and Zone Change No. 2015-001 will not have a significant effect on the environment.

2. Adopt the Negative Declaration prepared for General Plan Amendment No. 2015-001 and Zone Change No. 2015-001.

3. Find the facts presented within the staff report, including the attached Planning Commission staff report for July 15, 2015 support the required Findings for approval of the proposed General Plan Amendment and Zone Change, and adopt the Findings.

4. Adopt Town Council Resolution No. 2015-32, approving General Plan Amendment No. 2015-001;

5. Move to waive the reading of Ordinance No. 474, in its entirety and read by title only.

6. Introduce Ordinance No. 474, approving Zone Change No. 2015-001; and

7. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board of Supervisors.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

10. Resolution of the Town Council of the Town of Apple Valley Stating its Acceptance of the Apple Valley Airport Master Plan Update and Recommendation to the County of San Bernardino Board of Supervisors that it Approve the Apple Valley Airport Master Plan Update

Recommendation:
Recommend that the Town Council adopt Resolution No. 2015-33, a Resolution declaring the acceptance of the Apple Valley Airport Master Plan Update and forward a recommendation for approval of the Airport Master Plan Update to the County of San Bernardino Board of Supervisors.

11. Discussion of Drone Operations in Town Boundaries

Recommendation:
This is a receive and file item.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

CLOSED SESSION

12. 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. 14-01-002, 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: Chris Schilling, Chief Executive Officer, Park Water Company, The Carlyle Group, Carlyle Infrastructure Partners, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation: Price and Terms of Payment.

ADJOURNMENT










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