May 26, 2020

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AGENDA
APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

 
May 26, 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, MAY 26, 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

 PLEDGE OF ALLEGIANCE:

PRESENTATIONS: 
Employee of the Quarter – Carlos Monterrey, Maintenance Supervisor – Facilities Department.
Employee of the Quarter – Deputy Stuart Cullum – Sheriff’s Department.

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 – June 9, 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 – April 28, 2020.
Recommendation:
Approve the subject minutes as part of the consent agenda.

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

4. Resolution of the Town Council of the Town of Apple Valley Authorizing the Execution and Delivery of Tax and Revenue Anticipation Notes.
Recommendation:
Staff recommends that the Town Council adopt Resolution 2020-16 authorizing the execution and delivery of a Tax-Exempt Tax and Revenue Anticipation Note and a Taxable Tax and Revenue Anticipation Note.

5. Quarterly Treasurer’s Report – January – March 2020.
Recommendation:
That Town Council receive and file the January-March 2020 Quarterly Treasurer’s Report.

6. Adopt Resolution 2020-17, A Resolution Amending the Records Retention Schedule for the Town of Apple Valley, Authorizing Appropriate Document Destruction and Rescinding Resolution Number 2013-30.
Recommendation:
That the Town Council approve and adopt resolution Number 2020-17, 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 2013-30.

7. Acceptance of Work for Kasota-Tuscola Connector Road.
Recommendation:
That the Town Council:
A. Accept the work completed as part of the Kasota-Tuscola Connector Road for a total contract cost of $120,733.20.
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.
D. Accept Potomac Road from Kasota Road to Tuscola Road as a Town maintained road.

8. Acceptance of Work for Vineyards Drainage Improvement Project No. 2019-04.
Recommendation:
A. Accept the work completed as part of the Vineyards Drainage Improvement Project for a total contract cost of $277,100.00.
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.

9. SR18/Apple Valley Road Intersection Realignment Project - review bid documents and authorize to advertise for construction.
Recommendation:
A.That the Town Council review and approve the bid documents for the SR18/Apple Valley Road Intersection Realignment – Project no. 2020-05;
B.That the Town Council authorize staff to advertise and solicit bids for construction of said project.

10. Verizon Contract for Cell Tower at Apple Valley Golf Course.
Recommendation:
Approve the attached Cell Site Lease Agreement between Los Angeles SMSA LP (dba Verizon Wireless) (“Licensee”) and the Town of Apple Valley (“Licensor”) establishing the terms and conditions applicable to the installation and construction of a Los Angeles SMSA LP facility with a two (2)-carrier pine tree designed telecommunication facility at the maintenance yard of the Apple Valley Golf Course. 

11. Third Amendment to the Agreement for Town Attorney Legal Services with Best Best & Krieger, LLP
Recommendation:
Approve and authorize the Town Manager to execute Third Amendment to the Agreement to Provide Town Attorney Legal Services to the Town of Apple Valley.

12. Grant of a Limited Easement to Liberty Utilities for Waterline over the Town owned Golf Course property.
Recommendation:
That the Town Council authorize the Town Manager to execute a Grant of Limited Easement to Liberty Utilities for a Waterline over the Town owned Golf Course property.

PUBLIC HEARINGS

13. 2020-2021 Annual Action Plan.
Recommendation:
It is recommended that the Town of Apple Valley (“Town”) Council approve the Community Development Citizen Advisory Committee (CDCAC) funding recommendations for the 2020-2021 Fourth-Year Annual Action Plan (“Action Plan”), an annual component of the Five-Year 2017-2021 Consolidated Plan (“Consolidated Plan”); and authorize the Town Manager to execute all necessary HUD documents on behalf of the Town.

BUSINESS OF THE COUNCIL

NONE 

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