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.

 
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

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

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

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 – July 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 – June 23, 2020.
Recommendation:
Approve the subject minutes as part of the consent agenda.

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

4. Request to Vacate a Portion of Outer Highway 18 South Adjacent to Lots 18 and 19 of Tract Map No. 4492.
Recommendation:
A. Find that a 16-foot wide portion of the street easement of Outer Highway 18 South, located adjacent to Lots 18 and 19 as shown on Tract Map 4492, has been superseded by relocation, and is in excess of right-of-way not required for street purposes; and the proposed vacation is exempt from CEQA;
B. Adopt Resolution No. 2020-37 “A Resolution of the Town Council of the Town of Apple Valley, California, vacating a portion of street easement at Lots 18 and 19 of Tract Map 4492, pursuant to the Streets and Highway Code Section 8333-8334.5”;
C. Instruct the Town Clerk to cause the Resolution vacating a portion of the street easement to be recorded in the office of the County Recorder of the County of San Bernardino pursuant to Section 8336 of the Streets and Highways Code.

5. Award of Contract,  Rio Vista Safe Routes to School Project.
Recommendation:
A. Award a contract to Horizons Construction Co. Int’l, Inc. for the Rio Vista Safe Routes to School Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;
B. Approve Budget Amendment

6. Acceptance of Work for Highway 18 Shoulder Median Improvement Project No. 2020-02.
Recommendation:
A. Accept the work completed as part of the Highway 18 Shoulder Median Improvement Project for a total contract cost of $1,031,043.26.00.
B. Direct the Town Clerk to file the Notice of Completion for the contract work.
C. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

7. Award of Professional Services Agreement for the Kissel Lift Station Sewer Line Project.
Recommendation:
Award a Professional Services Agreement to Merrell-Johnson for the Kissel Lift Station Sewer Line project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

8. Purchase Of Sedaru Sewer Utility Management Software Solution.
Recommendation:
Approve the purchase of the Sedaru Utility Management Software Solution, implementation services, and managed services agreement, in the amount of $70,330.00.

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

10. Confirm the Town Manager’s Emergency Executive Order No. 2020-03, Relating to Outdoor Dining, 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 Order No. 2020-03, relating to outdoor dining, pursuant to Apple Valley Municipal Code Section 2.40.060.A(6)(a).

11. A Resolution of the Town Council of the Town of Apple Valley Authorizing the Town Manager to Apply for, Receive and Approve Grant Funds for the Permanent Local Housing Allocation.
Recommendation:
That the Town Council adopt Resolution No. 2020-38, a Resolution of the Town Council of the Town of Apple Valley authorizing the Town Manager to apply for, receive and approve grant funds for the Permanent Local Housing Allocation (PLHA).

PUBLIC HEARINGS

12. Appeal (No. 2020-001) of the Planning Commission’s Denial Of Conditional Use Permit No. 2019-005 and Deviation Permit No. 2019-005, A Request to Construct a Construct a Seventy-Five (75)-Foot Tall Wireless Telecommunications Tower Designed as a Mono-Eucalyptus and Deviation to Allow the Wireless Communication Tower to be Located Less Than 500 Feet to Residentially Zoned Property and Located Less Than 750 Feet to an Existing Tower. 
Recommendation:
A. Find that pursuant to the state guidelines to implement the California Environmental Quality Act (CEQA), section 15270 (a), that a project which is denied is exempt from CEQA.
B.  Find the facts presented within the staff report for the Council hearing of July 14, 2020, including the comments of the public and the planning commissioners as reflected in the minutes of the Planning Commission meeting of May 6, 2020, and the record as a whole as discussed and considered by the Council, including the negative findings that, due to the small size of the parcel and existing on-site improvements, the proposed wireless facility negatively impacts the function of the site and visually impacts the surrounding neighborhood.      
C. Deny Conditional Use Permit no. 2019-005 and Deviation no. 2019-005

13. Resolution 2020-39, to Record Delinquent Animal Control Fees, Utility Fees and Costs and Code Enforcement Fees Against Real Property Located in the Town of Apple Valley and Directing that Said Assessments Constitute a Lien Upon Said Properties.
Recommendation:
A. Open Public Hearing.
B. Adopt Resolution No. 2020-39, confirming delinquent animal control, utility and code enforcement fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties.
C. Close Public Hearing.

BUSINESS OF THE COUNCIL

14. Adopt Resolution 2020-40, a Resolution of the Town Council of the Town of Apple Valley, California, Designating July as “Parks Make Life Better” Month.
Recommendation:
That the Town Council adopt Resolution 2020-39, designating July as “Parks Make Life Better” Month.

15. Discussion of modifying the Development Code regulations regarding the placement of metal cargo containers for storage purposes.
Recommendation:
Receive and provide direction.

16. Consider the Adoption of Resolution Extending the Temporary Moratoria on Evictions Due to Non-Payment of Rent by Residential and Commercial Tenants Impacted by the Novel Coronavirus (Covid-19) During a Period of Local Emergency to September 30, 2020
Recommendation:
Staff recommends that the Town Council consider the adoption of a resolution extending the temporary moratoria on evictions due to non-payment of rent by residential and commercial tenants impacted by the novel coronavirus (COVID-19) during a period of local emergency to September 30, 2020.

REPORTS, REQUESTS AND COMMUNICATIONS

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

 ADJOURNMENT