Town of Apple Valley
Home MenuOctober 13, 2020
AGENDA
APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY
October 13, 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, OCTOBER 13, 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:
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 – October 27, 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 – September 22, 2020.
Recommendation:
Approve the subject minutes as part of the consent agenda.
2. September 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. September 2020 Payroll/Benefits Warrants Schedule.
Recommendation:
That the Town Council receive, ratify and file the Payroll/Benefits Schedule.
4. Application to San Bernardino County Transportation Authority (SBCTA) for Local Transportation Funds – Article 8 Other Purpose Claim.
Recommendation:
Authorize the Town Manager to apply for Local Transportation Funds – Article 8 – Other Purpose Claim in the amount of $69,312 for Fiscal Year 2020-21.
5. Approve California Choice Energy Authority Entering Into A Long-Term Resource Adequacy Agreement With Calpine Energy Services, L.P. On Behalf Of Apple Valley Choice Energy.
Recommendation:
Approve California Choice Energy Authority Entering Into A Long-Term Resource Adequacy Agreement With Calpine Energy Services, L.P. On Behalf Of Apple Valley Choice Energy.
6. Updated Schedule of Future Development Code Amendment Discussions.
Recommendation:
Receive and file
7. Award of Professional Services Agreement for the Jess Ranch Lift Station Upgrade Project
Recommendation:
Award a Professional Services Agreement to Lee + Ro for the Jess Ranch Lift Station Upgrade project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
8. Adopt Resolution 2020-52, A Resolution Amending the Records Retention Schedule for the Town of Apple Valley, Authorizing Appropriate Document Destruction and Rescinding Resolution Number 2020-17.
Recommendation:
That the Town Council approve and adopt Resolution Number 2020-52, amending the Records Retention Schedule for the Town of Apple Valley, authorizing appropriate
destruction of records if consistent with the Records Retention Schedule and Rescinding Resolution Number 2020-17.
PUBLIC HEARINGS
9. Introduce Ordinance No. 537 – An Ordinance of the Town Council of the Town of Apple Valley, California, Adding Chapter 5.08 to the Town of Apple Valley Municipal Code, Imposing Regulations on Sidewalk Vending in Compliance with Senate Bill 946.
Recommendation:
A. Find that the proposed adoption of Ordinance No. 537 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. 537 in its entirety and read by title only.
C. Move to introduce Ordinance No. 537 adding Chapter 5.08 to the Town of Apple Valley Municipal Code, imposing regulations on sidewalk vending in compliance with Senate Bill 946.
D. Direct staff to file a Notice of Exemption.
BUSINESS OF THE COUNCIL
10. Town of Apple Valley Fiscal Review
Recommendation:
Receive and file update regarding the state of the finances of the Town of Apple Valley.
11. A Resolution of the Town Council of the Town of Apple Valley Requesting a Tiered Designation Under the State of California’s “Blueprint for a Safer Economy” by Recognizing the County of San Bernardino by Sub-Region Rather than as One County for the Purposes of Reopening
Recommendation:
That the Town Council adopt Resolution No. 2020-53, a Resolution of the Town Council of the Town of Apple Valley requesting a tiered designation under the State of California’s “Blueprint for a Safer Economy” by recognizing the County of San Bernardino by sub-region rather than as one County for the purposes of reopening.
REPORTS, REQUESTS AND COMMUNICATIONS
TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE
DEPARTMENTAL REPORTS AND BUSINESS
Town Manager Report
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