AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

February 9, 2021

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, FEBRUARY 9, 2021, 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 _____, Nassif _____, Mayor Pro Tem Leon _____, Mayor Emick _____.

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

OPENING CEREMONIES

INVOCATION:
     
PLEDGE OF ALLEGIANCE:

PRESENTATIONS: Employee of the Quarter – David Hernandez, Maintenance Worker Two, Public Works – Grounds Services.

PUBLIC COMMENTS

COUNCILMEMBER COMMITTEE/COMMISSION PARTICIPATION

Boards, Committees and Commissions

TOWN COUNCIL ANNOUNCEMENTS

Time, Date & Place for Next Town Council Regular or Special Meeting:
A. Regular Meeting – February 23, 2021 – 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 – January 26, 2021
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. January 2021 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. January 2021 Payroll/Benefits Warrants Schedule. 
Recommendation:
That the Town Council receive, ratify and file the Payroll/Benefits Schedule.

4. Navajo Road Drainage Improvements - Project No. 2020-07 – Award Contract for Construction.
Recommendation:
That the Town Council award a contract to Kelley’s Underground Construction, Inc. for the Navajo Road Drainage Improvements – Project No. 2020-07 in an amount not to exceed $474,470.45 (four hundred seventy-four thousand, four hundred seventy dollars and forty-five cents).

PUBLIC HEARINGS

5. CDBG-CV Substantial Amendment to the 2020-2021 Action Plan
Recommendation:
It is recommended that the Town of Apple Valley Council:
A. Approve the Substantial Amendment to the 2020-2021 Annual Action Plan (“Action Plan”) by allocating $678,423 in Community Development Block Grant Coronavirus (CDBG-CV) funds appropriated under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, Public Law 116-136, for the U.S. Department of Housing and Urban Development (HUD) to activities that prevent, prepare for, and respond to Coronavirus (COVID-19).
B. Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plan, and any additional amendments, to assure the Town’s timely expenditure of CDBG-CV funds.

6. Substantial Amendment to the 18/19, 19/20, and 20/21 Action Plans.
Recommendation:
It is recommended that the Town Council:
A. Conduct a public hearing and upon accepting public testimony.
B. Approve a Substantial Amendment to the Community Development Block Grant (“CDBG”) 2018-2019, 2019-2020 and 2020-2021 Annual Action Plans (“Action Plans”) by programming an additional $18,528 to the existing Feed My Sheep in the High Desert program and $660,000 to the newly proposed 2020-2021 Microenterprise Assistance Program (MAP); and
C. Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plans, and any additional amendments, to assure the Town’s timely expenditure of CDBG funds

BUSINESS OF THE COUNCIL

7. Nominees to the Town of Apple Valley – Citizen’s Budget Advisory Committee (CBAC)
Recommendation:
That each Council Member nominate two individuals to the Citizen’s Budget Advisory Committee: 

Council Member Bishop to nominate:  ____________ _____________
Council Member Cusack to nominate: ____________ _____________
Council Member Nassif to nominate:   ____________ _____________
Mayor Pro Tem Leon to nominate:       ____________ _____________
Mayor Emick to nominate:                    ____________ _____________

REPORTS, REQUESTS AND COMMUNICATIONS

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

8. 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