Town of Apple Valley
Home MenuSeptember 8, 2020
AGENDA
APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY
September 8, 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, SEPTEMBER 8, 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:
PLEDGE OF ALLEGIANCE:
PRESENTATIONS:
Employee of the Quarter – Margaret DeMauro, Finance Analyst
Employee of the Quarter – Deputy Greg Teplansky, Apple Valley Police Department.
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 – September 22, 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. August 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. August 2020 Payroll/Benefits Warrants Schedule.
Recommendation:
That the Town Council receive, ratify and file the Payroll/Benefits Schedule.
4. Adopt Resolution No. 2020-49, A Resolution of the Town Council of the Town of Apple Valley, California Approving the Apple Valley Choice Energy Integrated Resource Plan.
Recommendation:
Staff recommend that the Town Council adopt Resolution No. 2020-49 approving the Apple Valley Choice Energy Integrated Resource Plan.
5. Apple Valley Choice Energy – 2019 Power Content Label and Attestation.
Recommendation:
Endorse the accuracy of information presented in Apple Valley Choice Energy’s 2019 Power Content Label based on staff and California Choice Energy Authority review.
6. Second Reading of Ordinance 533 of the Town of Apple Valley, California, Amending Title 9 "Development Code" of the Town of Apple Valley Municipal Code by Removing Chapter 9.15 “Commercial/Industrial Revitalization Permits” as Obsolete and Modifying Chapter 9.25 “Deviation Permits” to Include Commercial and Industrial Revitalization as an Eligible Activity to Receive Deviation Consideration (DCA 2020-002).
Recommendation:
Adopt Ordinance No. 533
7. Second Reading of Ordinance 534 of the Town of Apple Valley, California, Amending Title 9 “Development Code” of the Town of Apple Valley Municipal Code by Modifying Provisions Relating to Landscape Setback Regulations for Commercial Development (DCA 2020-005)
Recommendation:
Adopt Ordinance No. 534.
8. Second Reading of Ordinance 535 of the Town of Apple Valley, California, Amending Title 9 “Development Code” of the Town of Apple Valley Municipal Code by Modifying Provisions Relating to the Location Regulations for Gasoline/Service Stations and Above Ground Petroleum Tanks (DCA 2020-006).
Recommendation:
Adopt Ordinance No. 535.
9. Award Contract for Consultant to Prepare the Housing Element Update for the 6th Cycle 2021-2029.
Recommendation:
The Town Council award a contract to Terra Nova Planning and Research Inc. for the preparation of the Housing Element Update for the 6th Cycle between 2021-2029, including the required environmental review and analysis under the California Environmental Quality Act (CEQA).
10. Professional Services Agreement for the Completion of the Multi-Species Habitat Conservation Plan/Natural Communities Conservation Plan.
Recommendation:
Award the attached Professional Services Agreement for Solution Strategies, Inc. for $120,000 to fund the completion of the Multi-Species Habitat Conservation Plan/Natural Communities Conservation Plan.
11. Updated Schedule of future Development Code Amendment Discussions.
Recommendation:
Receive and file
12. Award of Professional Services Agreement for the Apple Valley Village Accessibility Phase 2 Project.
Recommendation:
Award a Professional Services Agreement to Merrell-Johnson for the Apple Valley Village Accessibility Phase 2 project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
13. Repeal of Executive Order No. 2020-01.
Recommendation:
Repeal the temporary moratorium on evictions for non-payment of rent by residential and commercial tenants impacted by COVID-19 enacted by Executive Order 2020-01 and extended by Resolution 2020-41, and rely on state and federal law protections.
PUBLIC HEARINGS
BUSINESS OF THE COUNCIL
14. Award Contract for Consultant to Prepare a Specific Plan and Related Environmental Analysis for the Apple Valley Village.
Recommendation:
The Town Council award a contract to Terra Nova Planning and Research, Inc. for the preparation of a specific plan for the Apple Valley Village and prepare all required environmental review and analysis to comply with the California Environmental Quality Act (CEQA).
15. Town to Enter into Agreement with the Village Property Owners Business Assessment District (PBID) for the Reimbursement of Consultant Costs for the Preparation and Review of a Specific Plan and Environmental Documents for the Apple Valley Village
Recommendation:
Direct the Town Manager to enter into attached agreement between the Town of Apple Valley and the Apple Valley Village Property Owners Business Assessment District (PBID) for the purpose of reimbursing the Town for the costs in the preparation and review of a Village Specific Plan and supporting environmental documents.
16. A Resolution to Address the Installation and Maintenance of New Parkways Created by the Vacation of Outer Highways.
Recommendation:
Adopt Resolution No. 2020-48
17. Vacancy on the Historical Advisory Committee.
Recommendation:
Council Member Leon to nominate: ____________ to the Town of Apple Valley Historical Advisory Committee.
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