July 28, 2020

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

July 28, 2020

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, JULY 28, 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.”

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, 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: Pastor Jonny Lewis, Grace Christian Community Church

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

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 – August 11, 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 – July 14, 2020.
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. SR18 and Apple Valley Road Intersection Realignment - Project No. 2020-05 – Award Contract for Construction.
Recommendation:
That the Town Council award a contract to Powell Constructors, Inc. for the SR18 and Apple Valley Road Intersection Realignment – Project No. 2020-05 in an amount not to exceed $7,945,529.60 (seven million, nine hundred forty-five thousand, five hundred twenty-nine dollars and sixty cents).

3.Award of Professional Services Agreement for the Stoddard Wells Road Widening Project
Recommendation:
Award a Professional Services Agreement to Onward Engineering for the Stoddard Wells Road Widening project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

4. Award of Professional Services Agreement for the Town Wide School Zone Analysis.
Recommendation:
Award a Professional Services Agreement to Onward Engineering for the Town Wide School Zone Analysis subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

5. Construction Management and Inspection Services for the Apple Valley Desert Water Reuse Project - Contract Amendment No. 2.
Recommendation:
Approve Amendment No. 2 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 $57,940.00.

6. Fee Adjustments to Professional Services Agreement with Charles Abbott Associates, Inc., for Town Engineering and Building and Safety Services.
Recommendation:
That the Town Council approve the Fee Adjustment to the Professional Services Agreement with Charles Abbott Associates, Inc., for Engineering and Building and Safety Services.

PUBLIC HEARINGS

7. Lighting and Landscape Assessment District #1- Public Hearing, Confirming Assessment and Levying Assessment for FY 2020-2021
Recommendation:
A. Conduct the public hearing
B. Adopt Resolution No. 2020-42, “A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2020-2021”

8. An Ordinance of the Town Council of the Town of Apple Valley by Amending Sections 9.08 and 9.36.030 and Adding Chapter 5.03 to Title 5 of the Town of Apple Valley Municipal Code Relating to the Regulation of Massage Establishments and Massage Technicians.
Recommendation:
A. Find that the proposed adoption of Ordinance No. 531 is not subject to and is exempt from CEQA based upon a finding that, under section 15061(b)(3) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.
B. Move to waive the reading of Ordinance No. 531 in its entirety and read by title only.
C. Move to introduce Ordinance No. 531 amending Title 5 and Title 9 as it relates to Massage Establishment and Massage Technicians.
D. Direct staff to file a Notice of Exemption.

9. An Amendment to the Town of Apple Valley Municipal Code, Title 5 Referencing Sidewalk Vending.
Recommendation:
Continuance of the public hearing item to the October 13, 2020 Town Council meeting.

BUSINESS OF THE COUNCIL

10. Verizon Contract for Cell Tower at Apple Valley Golf Course
Recommendation:
Approve the attached Cell Site Lease Agreement between Los Angeles SMSA LP (dba Verizon Wireless) (“Licensee”) and the Town of Apple Valley (“Licensor”) establishing the terms and conditions applicable to the installation and construction of a Los Angeles SMSA LP facility with a two (2)-carrier pine tree designed telecommunication facility at the maintenance yard of the Apple Valley Golf Course.

11. Consideration of Placing a One Percent Transactions and Use Tax (Sales Tax) Measure on the November 3, 2020 Ballot.
Recommendation:
A. Adopt Resolution No. 2020-43 calling for the placement of a General Tax Measure on the ballot for the November 3, 2020 General Municipal Election for the submission to the qualified voters of an Ordinance to enact a General Transactions and Use Tax (Sales Tax) at the rate of one percent (1%).
B. Adopt Resolution No. 2020-44 requesting the Board of Supervisors of the County of San Bernardino to consolidate a General Municipal Election to be held on November 3, 2020 with the Statewide General Election to be held on that date pursuant to Elections Code Section 10403.
C. Adopt Resolution No. 2020-45 providing for the filing of the primary and rebuttal arguments and setting rules for the filing of written arguments regarding a Town Measure to be submitted at the November 3, 2020 General Municipal Election.

REPORTS, REQUESTS AND COMMUNICATIONS

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

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 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.
E. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluation. Title: Town Manager

ADJOURNMENT