APPLE VALLEY TOWN COUNCIL/
PUBLIC FINANCING AUTHORITY
June 23, 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 23, 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.
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)
PLEDGE OF ALLEGIANCE:
COUNCILMEMBER COMMITTEE/COMMISSION PARTICIPATION
TOWN COUNCIL ANNOUNCEMENTS
Suggested items for future agenda:
Time, Date & Place for Next Town Council Regular or Special Meeting:
A. Regular Meeting – July 14, 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.
2. Adopt Resolution No. 2020-28 Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 3, 2020.
Adopt Resolution No. 2020-28 of the Town Council calling and giving notice of the holding of a General Municipal Election for the election of certain officers as required by the provision of the laws of the State of California relating to General Law Cities.
3. Adopt Resolution No. 2020-29, A Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements for the General Municipal Election, November 3, 2020.
Adopt Resolution No. 2020-29 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election, November 3, 2020.
4. Request for Proposals, Preparation of the 2021-2029 Housing Element Update.
Authorize and direct staff to circulate a Request for Proposal for the preparation of the 6th Cycle 2021-2029 Housing Element Update for the Town of Apple Valley.
5. Extension of Professional Services Agreement for State Advocacy Services.
That the Town Council approve a one-year extension to the Professional Services Agreement with Niemela Pappas & Associates for State Legislative Advocacy Services for Fiscal Year 2020-21.
6. Adopt Resolution No. 2020-30 - 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
That the Town Council adopt the attached Resolution No. 2020-30, a Resolution of the Town Council of the Town of Apple Valley amending Section 3.3 – Promotion of the Personnel Policy and Procedures Manual for the Town of Apple Valley
7. Resolution No. 2020-31, A Resolution of the Town Council of the Town of Apple Valley, California, Approving the Levy and Collection of Assessments for Fiscal Year 2020-21 Within the Apple Valley Village Property and Business Improvement District (PBID).
That the Town Council adopt Resolution No. 2020-31, approving the Levy and Collection of Assessments for Fiscal Year 2020-21 within the Apple Valley Village Property and Business Improvement District (Attachment A).
8. FY 2020-21 Budget of the Apple Valley Village Property and Business Improvement District (PBID) Association.
That the Town Council approve the Fiscal Year 2020-21 Budget of the Apple Valley Village Property and Business Improvement District Association (PBID Association).
9. Annexation 2019-001 – A Public Hearing for Annexation 2019-001, A Request to Consider the Annexation of ±1,423 Acres that Lie West of Dale Evans Parkway North of Johnson Road, East of Fairfield, Choco and Vega, and South of Morro Road.
A. Adopt Resolution No. 2020-25, approving an Addendum to the EIR for the 2009 General Plan Update and Annexation 2008-001;
B. Adopt Town Council Resolution No. 2020-26, requesting initiation of annexation proceedings for Annexation No. 2019-001.
C. Direct staff to file all necessary application materials relating to Annexation No. 2019-001 with the Local Agency Formation Commission (LAFCO);
D. Direct Town Manager to sign the Plan for Services.
10. Amendment to the 2017-2021 Citizen Participation Plan, 2017-2021 Consolidated Plan and the 2019-2020 Action Plan.
It is recommended that the Town Council:
A. Conduct a public hearing and upon accepting public comment, adopt Resolution No. 2020-32 including any modifications or amendments thereto.
B. Approve the Substantial Amendment to the 2017-2021 Citizen Participation Plan (“CPP”) to reduce the previously approved 30-day public review period to a 5-day public review period, revise the reasonable public noticing requirement for Substantial Amendments to 10-days, and allow for virtual, telephonic or otherwise approved methods of conducting public hearings as determined by the Town Council.
C. Approve the Substantial Amendment to the 2017-2021 Consolidated Plan (“Consolidated Plan”) which will revise two (2) Strategic Plan Goal descriptions and proposed goals to include services addressing emergency rental assistance and tenant-based rental assistance.
D. Approve the Substantial Amendment to the 2019-2020 Annual Action Plan (“Action Plan”) canceling four (4) activities in the amount of $146,000 and defunding one (1) activity in the amount of $68,000 for a total of $214,000 to be re-programmed to the 2019-2020 Feed My Sheep – Feeding Apple Valley Program and the newly proposed Emergency Rental Assistance (ERA) Program to prevent, prepare for and respond to the Coronavirus (COVID-19).
E. Receive and file updated information on CARES Act.
F. Authorize the Town Manager to execute and transmit all necessary documents, including the Substantial Amendment to the CPP, Consolidated Plan and Action Plan, and any additional amendments, to assure the Town’s timely expenditure of Community Development Block Grant (“CDBG”) funds.
11. A Resolution of the Town Council of the Town of Apple Valley, California, Approving Budget Appropriations and Adopting the Operating and Capital Improvement Budget for All Funds for Fiscal Year 2020-2021.
Adopt Resolution No. 2020-33 of the Town Council of the Town of Apple Valley, California, approving a budget appropriation and adopting the budget, including the operating and capital improvement budget for all funds for Fiscal Year 2020-2021.
12. Adoption of Fiscal Year 2020-2021 Appropriations Limit.
Adopt Resolution No.2020-34 of the Town Council of the Town of Apple Valley, California, establishing the Fiscal Year 2020-2021 Appropriations Limit for the Town at $42,449,945 by using the Town’s population growth for the population adjustment and the California per capita income growth for the inflationary adjustment.
13. Review of the Fiscal Year 2020-2021 Statement of Investment Policy.
Adopt Resolution No. 2020-35 approving the Statement of Investment Policy for Fiscal Year 2020-2021 and delegating the investment activities to the Town Treasurer.
14. A Resolution of the Town Council of the Town of Apple Valley, California, Amending and Establishing Specified Fees for Town Services.
Adopt Resolution No. 2020-36 a Resolution of the Town Council of the Town of Apple Valley, California, amending and establishing specified fees for Town services for Fiscal Year 2020-2021.
15. Amendment to the Solid Waste Disposal Rates Between the Town of Apple Valley and Burrtec Waste Industries Inc.
That the Town Council approve the proposed Solid Waste Disposal Rates between the Town of Apple Valley and Burrtec Waste Industries, Inc. amending the rates and terms of the existing agreement.
BUSINESS OF THE COUNCIL
REPORTS, REQUESTS AND COMMUNICATIONS
TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE
DEPARTMENTAL REPORTS AND BUSINESS
Town Manager Report
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.