REGULAR SESSION BEGINS AT 6:30 P.M.

THIS MEETING IS BEING CONDUCTED CONSISTENT WITH STATE OF CALIFORNIA EXECUTIVE ORDER N-29-20 DATED MARCH 17, 2020 REGARDING THE COVID-19 PANDEMIC.  THE MEETING IS BROADCAST LIVE AND VIEWABLE ON FRONTIER CHANNEL 29 OR CHARTER SPECTRUM CHANNEL 186 AND LIVE STREAMED ONLINE AT APPLEVALLEY.ORG.  IN AN EFFORT TO PROTECT PUBLIC HEALTH AND IN ACCORDANCE WITH EXECUTIVE ORDER N-29-20, THE PUBLIC MAY ONLY VIEW THE MEETING ON TELEVISION AND/OR ONLINE.

FOR INDIVIDUALS WISHING TO MAKE PUBLIC COMMENTS, YOU MAY COMMENT IN ONE OF TWO WAYS: 1) COMMENTS AND CONTACT INFORMATION CAN BE EMAILED TO   PUBLICCOMMENT@APPLEVALLEY.ORG BY 12 P.M. TUESDAY, APRIL 14, TO BE INCLUDED IN THE RECORD; 2) A REQUEST TO SPEAK CAN BE EMAILED TO THE SAME ADDRESS AS ABOVE AND AT THE TIME OF THE REQUESTED AGENDA ITEM, THE TOWN CLERK WILL PLACE A PHONE CALL TO THE COMMENTER AND ALLOW THEM TO SPEAK TO THE COUNCIL VIA SPEAKER PHONE DURING THE LIVE MEETING FOR UP TO THREE MINUTES.”

PLEASE SILENCE CELL PHONES 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 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, contact information can be emailed to   publiccomment@applevalley.org. The Town Clerk will place a phone call to the commenter and allow them to speak to the Council via speaker phone during the live meeting for up to three minutes.

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 _____, Leon _____, Mayor Pro Tem Emick _____, Mayor Nassif _____.

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

OPENING CEREMONIES

PUBLIC COMMENTS

COUNCIL MEMBER 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 – April 28, 2020 – 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 – March 24, 2020.
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. March 2020 Commercial Warrants and Wire Transfer Schedule.
Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

3. March 2020 Payroll/Benefits Warrants Schedule.
Recommendation:
That the Town Council receive, ratify and file the Payroll/Benefits Schedule.

4. Purchase of Data Storage, Backup, and Server Upgrades.
Recommendation:
Approve the California Multiple Award Schedules (CMAS) price quote and purchase of a data storage, data backup, and disaggregated hyperconverged infrastructure (dHCI) solution in the amount of $149,578.26.

5. Award of Contract, Vineyards Drainage Improvement Project No. 2019-04.
Recommendation:
Award a contract to TSR Construction and Inspection for the Vineyards Drainage Improvement Project No. 2019-04 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6. Award of Contract, Apple Valley South Safe Routes to School Project No. 2018-02.
Recommendation:
Award a contract to Christensen Brothers General Engineering for the Apple Valley South Safe Routes to School Project No. 2018-02 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

7. Construction Management and Inspection Services for the Apple Valley Desert Water Reuse Project - Contract Amendment No. 1.
Recommendation:
Approve Amendment No. 1 to the June, 2019, agreement between the Town of Apple Valley and Parsons Transportation Group for Construction Management and Inspection Services on the Apple Valley Desert Water Reuse Project for an amount not-to-exceed $133,530.00.

8. Grant of Easement to Liberty Utilities for Waterline over the Town owned Golf Course property.
Recommendation:
That Town Council approve Grant of Easement to Liberty Utilities for Waterline over the Town owned Golf Course property.

9. Updated Schedule of future Development Code Amendment Discussions.
Recommendation:
Receive and file.

10. Adopt Resolution No. 2020-11 - A Resolution Of The Town Council Of The Town Of Apple Valley, California, Adding The Temporary Emergency Family And Medical Leave Expansion Act And Emergency Paid Sick Leave Policy For The Town Of Apple Valley.
Recommendation:
That the Town Council adopt the attached Resolution No. 2020-11, a Resolution of the Town Council of the Town of Apple Valley to approve the addition of the temporary Emergency Family and Medical Leave Extension (EFMLEA) and Emergency Paid Sick Leave (EPSL) Policy due to the COVID-19 national pandemic.

11. Twenty-Ninth Amendment to Law Enforcement Contract #94-798
Recommendation:
Staff recommends that the Town Council approve the Twenty-Ninth Amendment to Law Enforcement Contract #94-798 for the period of July 1, 2020 through June 30, 2021 and authorize the Mayor or his designee to process all documents required for the agreement.

12. Confirm the Town Manager’s Emergency Executive Orders Pursuant to Apple Valley Municipal Code Section 2.40.060.A(6)(A).
Recommendation:
Staff recommends that the Town Council confirm the Town Manager’s Emergency Executive Orders pursuant to Apple Valley Municipal Code Section 2.40.060.A(6)(a).

13. Designation of Authorized Agents and Submission of Form CAL OES 130.
Recommendation:
Staff recommends that the Town Council designate authorize agents and authorize submission of form Cal OES 130.

PUBLIC HEARINGS

None.

BUSINESS OF THE COUNCIL

14. Discussion and Possible Action Regarding an Amendment to the Town of Apple Valley Development Code Regarding Recycling Facilities.
Recommendation:
Receive and provide direction.

15. Comprehensive Annual Financial Report (CAFR) for the  Fiscal Year Ended June 30, 2019.
Recommendation:
It is recommended that the Town Council receive and file the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2018.

REPORTS, REQUESTS AND COMMUNICATIONS

None.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

CLOSED SESSION

16. 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.

ADJOURNMENT