June 9, 2020

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

June 9, 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, JUNE 9, 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

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 – June 23, 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. Special Meeting – May 26, 2020.
B. Regular Meeting – May 26, 2020.
Recommendation:
Approve the subject minutes as part of the consent agenda.

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

4. Biennial Review of the Town of Apple Valley’s Conflict of Interest Code to Comply with the Political Reform Act.
Recommendation:
Direct the Town Manager to review its code and submit a notice to the Town Council by October 1, 2020, that either amendments are required or that no amendments are necessary.

5. Lighting and Landscape Assessment District #1 - Engineer’s Annual Report and Levy of Assessment for FY 2020-2021.
Recommendation:
A. Adopt Resolution No. 2020-18, a Resolution of the Town Council of the Town of Apple Valley Directing the Filing of the Annual Report for the Town of Apple Valley Landscaping and Lighting Assessment District.
B. Receive and approve the engineer's report as filed, or as amended.
C. Adopt Resolution No. 2020-19, a Resolution of the Town Council of the Town of Apple Valley Declaring its Intention to Order Improvements and to Levy and Collect Assessments for Fiscal Year 2020-2021.
D. Direct the Town Clerk to publish the Resolution of Intention at least 10 days prior to the date of the public hearing.

6. Adopt Resolution No. 2020-20 - A Resolution of the Town Council of the Town of Apple Valley, California, Amending the Personnel Policy and Procedures Manual for the Town of Apple Valley.
Recommendation:
That the Town Council adopt the attached Resolution No. 2020-___, a Resolution of the Town Council of the Town of Apple Valley amending section 4.12 – Employee Computer Purchase Program of the Personnel Policy and Procedures Manual for the Town of Apple Valley.

7. All-Way Stop At The Intersection Of Tuscola Road And Symeron Road.
Recommendation:
Adopt Resolution 2020-21, “A Resolution of the Town Council of the Town of Apple Valley establishing the intersection of Tuscola Road and Symeron Road as an all-way STOP intersection.”

8. All-Way Stop At The Intersection Of Ocotilla Road/ Mesquite Road And Esaws Avenue.
Recommendation:
For the purposes of this report, Ocotilla Road and Mesquite Road refer to the same roadway. Adopt Resolution 2020-22, “A Resolution of the Town Council of the Town of Apple Valley establishing the intersection of Ocotilla Road and Esaws Avenue as an all-way STOP intersection.”

9. Approve and Authorize Payment in Accordance with Construction Funding Agreement Number 16-797 for the Green Tree Boulevard Extension, in Conjunction with the Yucca Loma Transportation Corridor.
Recommendation:
That the Town Council approve and authorize payment in accordance with the Construction Funding Agreement with San Bernardino County Public Works Department, and with the City of Victorville, for the Green Tree Boulevard Extension, in conjunction with the Yucca Loma Transportation Corridor.

PUBLIC HEARINGS

10.Adopt Resolutions of The Successor Agency and the Public Financing Authority of the Town of Apple Valley Authorizing the Execution and Delivery of a Project Area No. 2 Loan Agreement and a VVEDA Project Area Loan Agreement Between the Successor Agency and the Apple Valley Public Financing Authority, Authorizing the Execution and Delivery of a Bond Purchase Agreement, Escrow Agreements and a Continuing Disclosure Certificate, and Authorizing Certain Other Actions in Connection Therewith.
Recommendation:
(Town Council and Successor Agency)
Staff recommends that the Town Council and the Successor Agency adopt Resolution SA 2020-01,authorizing the execution and delivery of a Project Area No. 2 Loan Agreement and a VVEDA Project Area Loan Agreement between the Successor Agency and the Apple Valley Public Financing Authority, authorizing the execution and delivery of a Bond Purchase Agreement, Escrow Agreements and a Continuing Disclosure Certificate, and authorizing certain other actions in connection therewith.
(Town Council and Public Financing Authority)
Staff recommends that the Town Council and the Public Financing Authority, adopt Resolution PFA 2020-01 authorizing the execution and delivery of a Project Area No. 2 Loan Agreement and a VVEDA Project Area Loan Agreement between the Successor Agency and the Apple Valley Public Financing Authority, authorizing the execution and delivery of a Bond Purchase Agreement, Escrow Agreements and a Continuing Disclosure Certificate, and authorizing certain other actions in connection therewith.

BUSINESS OF THE COUNCIL

11. Resolution of the Town Council of the Town of Apple Valley Supporting a Just Cause for Racial Equality and Denouncing Racial Injustice.
Recommendation:
That the Town Council adopt Resolution Number 2020-22 supporting a Just Cause for Racial Equality and Denouncing Racial Injustice.

12. A Resolution of the Town Council of the Town of Apple Valley Opposing the Petition to List the Western Joshua Tree as a Threatened Species.
Recommendation:
That the Town Council adopt Resolution No. 2020-23, a Resolution of the Town Council of the Town of Apple Valley opposing the petition to list the western Joshua Tree as a threatened species under the California Endangered Species Act (CESA).

13. A Resolution of the Town Council of the Town of Apple Valley Requesting the Delay of Senate Bill 743 Implementation for Vehicle Miles Traveled Thresholds
Recommendation:
That the Town Council adopt Resolution No. 2020-24, a Resolution of the Town Council of the Town of Apple Valley requesting the delay of Senate Bill (SB) 743 implementation to Title 14 of the California Code of Regulations, Section 15064.3 for vehicle miles traveled thresholds.

REPORTS, REQUESTS AND COMMUNICATIONS

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

14. 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