AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

December 8, 2020

REGULAR SESSION BEGINS AT 6:30 P.M.
                                    
PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER

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, DECEMBER 8, 2020, 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.”

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, 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 _____, 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

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

CANVASS OF ELECTION RESULTS

1. Results of Canvass of Election Returns of the Town of Apple Valley General Municipal Election Held on November 3, 2020 and adopt Resolution No. 2018-53 Reciting the Fact of the Election and Such Other Matters Provided by Law
Recommendation:
Adopt Resolution No. 2020-58 reciting the fact of the election and such other matters provided by law.

2. Installation of Newly Elected Council Members Pursuant to the Results of the Special Municipal Election Held November 3, 2020
Recommendation:
Installation of Officers.
 
Oath of Office to be Administered to Council Member Art Bishop
Oath of Office to be Administered to Council Member Larry Cusack

3. Selection of Mayor and Mayor Pro Tempore
Recommendation:
(1) Council to select one of its number as Mayor.
(2) Council to select one of its number as Mayor Pro Tempore.

RECESS FOR REORGANIZATION
PRESENTATION:

Mayor’s Plaque – Mayor Nassif for his term as Mayor on the Town Council for the period December 2019 to December 2020.

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 – January 12, 2021 – Council Chamber
Regular Session at 6:30 p.m.

TOWN COUNCIL CONSENT AGENDA

4. Approval of Minutes of the Town Council. 
A. Regular Meeting – November 10, 2020
Recommendation:
Approve the subject minutes as part of the consent agenda.

5. November 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. 
       
6. November 2020 Payroll/Benefits Warrants Schedule. 
Recommendation:
That the Town Council receive, ratify and file the Payroll/Benefits Schedule.

7. Second Reading Ord. 539
Recommendation:
Adopt Ord. 539.

8. Second Reading Ord. 540
Recommendation:
Adopt Ord. 540.

9. A Resolution of the Town of Apple Valley, California, Determining the Amount of Property Tax Revenues to be Transferred as a Result of the Pending Reorganization to Include the Annexation to the Town of Apple Valley from County Service Area 70 as Described in LAFCO No. 3244.
Recommendation:
Approve Resolution No. 2020-59 of the Town of Apple Valley determining the amount of property tax revenues to be transferred as a result of the pending reorganization to include the annexation to the Town of Apple Valley from County Service Area 70 as described in LAFCO No. 3244.

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

11. Annual Agreed-Upon Procedures Report of the Apple Valley Village Property and Business Improvement District (“PBID”) Association.
Recommendation:
That the Town Council receive and file an independent accountant’s Agreed-Upon Procedures Report (AUP) for Fiscal Year 2020-21 of the Apple Valley Village Property and Business Improvement District Association.

12. Approve Entering into a Long-Term Renewable Energy Agreement with Manzana Wind LLC.
Recommendation:
Approve entering into a long-term renewable energy agreement with Manzana Wind LLC for Apple Valley Choice Energy, and authorize the Town Manager to execute a Power Purchase Agreement in a form substantially as attached.

13. Adopt Resolutions 2020-54, 2020-55, 2020-56 and 2020-57 Approval to Submit Application for Proposition 68 Grant.
Recommendation:
That the Town Council adopt Resolutions 2020-54, 2020-55, 2020-56, and 2020-57.

14. That Town Council Ratify the Purchase of a Shade Structure and Installation Costs for Civic Center Park.
Recommendation:
That Town Council ratify the purchase of an octagonal shade shelter and installation at Civic Center Park and authorize the Parks and Recreation Manager to execute appropriate agreements and documentation.

15. That Town Council Ratify the Purchase of Exo Cage Outdoor Gym Structure and Installation Services at Three Park Locations.
Recommendation:
That Town Council ratify the purchase of three Exo Cage Outdoor Gym Structures and installation at Brewster Sports Center, Thunderbird Park and James Woody Park and authorize the Parks and Recreation Manager to execute appropriate agreements and documentation.

16. That Council Ratify the Purchase of Professional Audio/Visual and Installation Services for the Town Council Chambers, Conference Center, and Civic Center Conference Rooms.
Recommendation:
That Council ratify the purchase for Phase 2 of the Council Chambers and Conference Center Audio/Visual Upgrade Project and implementation services to Matrix Audio Visual Designs, Inc., not-to-exceed the amount of $580,000.00, and authorize the Innovation and Technology Officer to execute appropriate agreements and documentation.

17. That Council Ratify the Purchase of Core Networking Switch Upgrade and Implementation Services.
Recommendation:
That Council Ratify the purchase for the Cisco Networking Switches upgrade, licensing, and implementation services to Logicalis, Inc., not-to-exceed the amount of $150,000.00, and authorize the Innovation and Technology Officer to execute appropriate agreements and documentation.

18. That Council Ratify the Purchase of Phone System Upgrade and Implementation Services.
Recommendation:
That Council ratify the purchase for the Cisco Voice Over Internet Protocol (VOIP) phone system upgrade, licensing, and implementation services to Logicalis, Inc., not-to-exceed the amount of $125,000.00, and authorize the Innovation and Technology Officer to execute appropriate agreements and documentation.

19. A Resolution of the Town Council of the Town of Apple Valley, California, Amending the Classification and Salary Plan for the Town of Apple Valley.
Recommendation:
That the Town Council adopt the attached Resolution No. 2020-60, a Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary plan.  

20. Navajo Road Drainage Improvements Project.
Recommendation:
A. That Town Council review and approve the bid documents for Navajo Road Drainage Improvements – Project 2020-07.
B. That Town Council authorize staff to solicit bids for construction of said project.

20A. Approving and Authorizing Transmittal of a Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2021-22 
Recommendation:
Adopt a resolution approving and authorizing transmittal of a Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2021-22.

PUBLIC HEARINGS

21. Draft Program Year (PY) 2019-2020 Community Development Block Grant (CDBG), Consolidated Annual Performance Evaluation Report (CAPER)
Recommendation:
A. Conduct a public hearing and accept public testimony on the Program Year (PY) 2019-2020 Consolidated Annual Performance Evaluation Report (“CAPER”).
B. Approve the PY 2019-2020 CAPER.
C. Authorize the Town Manager or his designee to submit the PY 2019-2020 CAPER to the U.S. Department of Housing and Urban Development (“HUD”), along with any public testimony and changes thereto as directed by the Town Council.

22. Development Code Amendment No. 2020-008 is a Request to Modify Title 9 "Development Code" of the Town of Apple Valley Municipal Code as it Relates to Permitted Locations and Operating Standards of Large and Small Recycling Collection Facilities
Recommendation:
A. 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.
B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2020-006 adopted October 7, 2020, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings. 
C. Move to waive the reading of Ordinance No.541 in its entirety and read by title only.
D. Introduce Ordinance No.541 approving Development Code Amendment No. 2020-008; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.

23. Development Code Amendment No. 2020-010 is a Request to Modify TITLE 9 "Development Code" of the Town of Apple Valley Municipal Code with the Addition of Regulations Relating to Nuisance Lighting and Glare Between Residential Properties and Removal of all References Relating to the “Dark Sky Policy”.
Recommendation:
A. 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.
B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2020-008 adopted October 21, 2020, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings. 
C. Move to waive the reading of Ordinance No. 542 in its entirety and read by title only.
D. Introduce Ordinance No. 542 approving Development Code Amendment No. 2020-010; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.

BUSINESS OF THE COUNCIL

24. Council Member Representation on Various Boards, Committees and Commissions
Recommendation:
That the Town Council choose one of its number to fill the positions on certain Council Boards, Committees and Commissions as shown in the attached summary sheet or confirm that no changes are necessary.

24A. Consideration of the Formation of a Citizen's Advisory Committee.
Recommendation:
Provide direction to staff.

REPORTS, REQUESTS AND COMMUNICATIONS

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

25. 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