Town of Apple Valley
Home MenuOctober 27, 2020
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY
PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER
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.
TOWN COUNCIL REGULAR SESSION
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.
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 – November 10, 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 – October 13, 2020.
Recommendation:
Approve the subject minutes as part of the consent agenda.
2. Second Reading of Ordinance 537 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:
Adopt Ordinance No. 537
3. Award of Contract, Resurfacing 2020 Gap Repair
Recommendation:
Award a contract to TLG Paving Company, Inc. for the 2020 Gap Repair - Project No. 2020-09 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;
4. Consent to Advertise Central Road Sewer Improvements.
Recommendation:
A. That the Town Council review and approve the bid documents for the Central Road Sewer Improvements Project.
B. That the Town Council authorize staff to solicit bids for construction of said project.
5. Award of Contract, Resurfacing 2020-02
Recommendation:
Award a contract to Sully Miller Contracting Company for Resurfacing 2020-02 - Project No. 2020-06 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;
6. Acceptance of Work for Apple Valley Desert Water Reuse - Project No. 2019-01.
Recommendation:
A. Accept the work completed as part of the Apple Valley Desert Water Reuse Project for a total contract cost of $3,803,531.46.
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.
PUBLIC HEARINGS
7. Development Code Amendment No. 2020-007 is a Request to Modify Title 9 "Development Code" of the Town of Apple Valley Municipal Code by Section 9.29.060 “Manufactured Housing Standards” as it Relates to Age and Design Standards of Manufactured Housing Located Outside of any Manufactured or Mobile Home Park.
Recommendation:
A. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Code Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.
B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2020-005 adopted September 2, 2020, support the required Findings for approval of the proposed Development Code Amendment and adopt the Findings.
C. Move to waive the reading of Ordinance No. 538 in its entirety and read by title only.
D. Introduce Ordinance No. 538 approving Development Code Amendment No. 2020-007; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.
BUISNESS OF THE COUNCIL
8. A Resolution to Address the Installation and Maintenance of New Parkways Created by the Vacation of Outer Highways.
Recommendation:
Adopt Resolution No. 2020-48
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.
E. Conference with Real Property Negotiators – Pursuant to Government Code Section 54956.8:
Property Address: A 10-acre parcel located five hundred feet west of the intersection of Navajo Rd and Sioux Rd with APN 3087-481-05
Agency Negotiator: Town Manager
Negotiating Parties: Coachella Valley Housing Coalition
Under Negotiation: Price and Terms
ADJOURMENT