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March 10, 2020

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

March 10, 2020

REGULAR SESSION BEGINS AT 6:30 P.M.

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: Bishop Ebmeyer, Church of Jesus Christ of Latter-Day Saints
     
PLEDGE OF ALLEGIANCE:

PRESENTATIONS: Community Calendar Photography Contest Winners –Orlando Acevedo – Director of Business Development and Communication.

PUBLIC COMMENTS

COUNCIL MEMBER 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 – March 24, 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 – February 25, 2020.
Recommendation:
Approve the subject minutes as part of the consent agenda.

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

4. Fee Waiver Request for the Church for Whosoever to use Thunderbird Park for Community Outreach.
Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Park Rental Fee of $102.72.

5. Updated Schedule of Future Development Code Amendments.
Recommendation:
Receive and file

6. Request for Proposals, Preparation of a Specific Plan and Environmental impact Report for the Apple Valley Village.
Recommendation:
Authorize and direct staff to circulate a Request for Proposal for the preparation of a Specific Plan and Environmental Impact Report (EIR) for The Village in Apple Valley.

7. Release of Securities for Tract Map No. 18917-3.
Recommendation:
Find that the construction of various improvements required for Tract 18917-3 are complete and approve the 50% reduction of the performance securities and release of maintenance securities.

8. Adopt Resolution No. 2020-08 - A Resolution of the Town Council of the Town of Apple Valley, California, Amending Job Classifications for the Towns Innovation and Technology Department
Recommendation:
That the Town Council adopt the attached Resolution No. 2020-08, a Resolution of the Town Council of the Town of Apple Valley, California, amending the job classifications for the Towns Innovation and Technology Department.

9. Adopt Resolution No. 2020-09 - 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. 2020-09, a Resolution of the Town Council of the Town of Apple Valley amending Rule 5, Section 5.2 Exempt Benefit Levels.

10. Utility Agreement with Southern California Edison for the SR18 / Apple Valley Road Intersection Improvements Project.
Recommendation:
Approve the Utility Agreement with Southern California Edison for the SR18 / Apple Valley Road intersection improvements project.

11. Receive and File the Apple Valley Community Resource Foundation 2018-19 Annual Report .
Recommendation:
That the Board receive and file the Apple Valley Community Resource Foundation Annual Report for the fiscal year ended June 30, 2019.

12. Approve the Master Lease Agreement to Purchase a Vactor Truck for the Apple Valley Wastewater Service.
Recommendation:
Accept the Sourcewell Cooperative Purchasing Agreement – Contract #122017-FSC, price quote/bid of $436,592.11 from Jules and Associates, Inc. for a new HAAKER Equipment Company Vactor 2110 Plus Sewer Cleaner, and authorize the Finance Director to place the order to purchase the Vactor truck for use in the Town of Apple Valley Wastewater sewer lines.  

PUBLIC HEARINGS

13. Development Code Amendment No. 2019-017 is a Request to Consider an Amendment to Title 9 "Development Code" of the Town of Apple Valley Municipal Code by Modifying Provisions Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units as Required for Compliance with Government Code 65852.2 and 65852.22.
Recommendation:
A. Determine that, Pursuant to Section 21080.17 of the State Guidelines to Implement the California Environmental Quality Act (CEQA), this proposal is exempt because CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code.
B. Find the facts presented within the staff report, including the attached Planning Commission Resolution No. 2019-020 adopted December 18, 2019, together with subsequent attorney comments, 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.530 in its entirety and read by title only.
D. Introduce Ordinance No.530 approving Development Code Amendment No. 2019-017; and
E. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board.

BUSINESS OF THE COUNCIL

NONE.

REPORTS, REQUESTS AND COMMUNICATIONS

NONE.

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.

E. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No. CIVDS9125188 - Apple Valley v. Hai Do, et al., San Bernardino Superior Court.


ADJOURNMENT