Council - Regular Meeting - February 22, 2022
1. Call to Order
2. Opening Ceremonies
2.1 Invocation
2.2 Pledge of Allegiance
2.3 Presentations
2.3.1 CERTIFICATE OF APPRECIATION - JOEL HARRISON - PLANNING COMMISSION
2.3.2 CERTIFICATE OF APPOINTMENT - JOHN NUNEZ-FRANCO - PARKS AND RECREATION COMMISSION
2.3.3 EMPLOYEE OF THE QUARTER - MARIA PEREZ, CUSTODIAN - FACILITIES
3. Public Comments
4. Councilmember Committee/Commission/Community Participation
1. Boards 2022-2023.pdf
Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting. Councilmembers may also make brief reports on their community participation. No formal action will be taken.
5. Town Council Announcements
5.1 Suggested items for next Agenda
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - March 8, 2022 - Council Chambers Regular Session at 6:30p.m.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1-6.7 as recommended.
6.1 APPROVAL OF MINUTES
1. Minutes for February 22, 2022.pdf
2. REVISED Post-Meeting Minutes - CC-RM_Feb08_2022 - English[107058].pdf That the Town Council approve the subject minutes as part of the consent agenda.
6.2 REJECT BID FOR APPLE VALLEY URBAN FOREST RENEWAL AND COMMUNITY ORCHARD PROJECT NO. PW2021-03
1. Reject Bid Apple Valley Urban Forest Renewal and Community Orchard Project No. PW2021-03.pdf Reject bid for the Apple Valley Urban Forest Renewal and Community Orchard - Project No. PW2021-03.
Direct staff to withdraw the grant application.
Direct staff to cancel the project and budget for new trees as the budget allows.
6.3 AWARD OF CONTRACT, JESS RANCH LIFT STATION UPGRADES
1. Award Jess Ranch Lift Station Upgrades Project.pdf
2. Section 400-Contract for Construction(1).pdf
Excuse the Low Bidder, The Van Dyke Corporation., per the authority granted in the Public Contracts Code Section 5106; Award a contract to RSH Construction. for the Jess Ranch Lift Station Upgrades Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;
6.4 SR18/APPLE VALLEY ROAD INTERSECTION REALIGNMENT PROJECT - CONSTRUCTION FUNDING AGREEMENT NO. 18-1001926 AMENDMENT NO 1
1. Construction Funding Agreement No. 18-1001926 Amendment no 1 - 1-12-2022.pdf
2. A and B.pdf
3. 18-1001926 SR 18 Apple Valley Road A1.pdf
That the Town Council review and approve Funding Agreement No. 18-1001926 Amendment no. 1 between San Bernardino County Transportation Authority and Town of Apple Valley for the SR18/Apple Valley Road Intersection Realignment – Project 2020-05.
6.5 AWARD BEAR VALLEY ROAD WIDENING FROM CENTRAL ROAD TO QUINNAULT ROAD
1. Award Bear Valley Road Widening Central Road to Quinnault Road.pdf
2. Section 400-Contract for Construction.pdf
Award a contract to Miller Equipment Company, Inc. for the Bear Valley Road Widening from Central Road to Quinnault Road Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;
6.6 PROCLAMATION PROCLAIMING FEBRUARY 2022 AS “BLACK HISTORY MONTH” IN THE TOWN OF APPLE VALLEY
1. Proclamation Proclaiming February 2022 as Black History Month in the Town of Apple Valley.pdf
2. Black History Month Proclamation.pdf
That the Town Council proclaim February 2022 as “Black History Month” in the Town of Apple Valley.
6.7 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN FOR THE TOWN OF APPLE VALLEY
1. Classification and Salary Plan Amendment.pdf
2. Public Information Officer _DRAFT.pdf
3. Classification Plan.pdf
Approve resolution No. 2022 - 06, A Resolution of the Town Council of The Town of Apple Valley amending the current Classification and Salary Plan for the Town of Apple Valley.
7. Public Hearings
7.1 SECOND PUBLIC HEARING FOR REDISTRICTING; CONSIDERATION OF ORDINANCE TO ALLOW MAPS TO BE ADOPTED BY RESOLUTION; AND CONSIDERATION OF ORDINANCE TO ESTABLISH SEPARATELY ELECTED MAYOR AND TO ALLOW MAPS TO BE ADOPTED BY RESOLUTION
1. Redistricting Hearing Number Two.pdf
2. Apple Valley District Map.pdf
3. Apple Valley - Ordinance 549(A) - Transition to By-District Council At-Large Mayor (February 22 2022)-c1.pdf
4. Apple Valley - Ordinance 549(B) - Allowing Maps to Be Adopted By Resolution (February 22 2022)-c1.pdf A. Receive a report from staff and the Town’s redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and B. Receive input from the public on the appropriate criteria for redistricting; and C. Consider and adopt either:
1. ORDINANCE NO. 549(A) – AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING SECTION 2.04.140 AND ADDING SECTION 2.04.150 TO CHAPTER 2.04 OF TITLE 2 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE TRANSITIONING TO BY-DISTRICT ELECTIONS FOR FOUR COUNCILMEMBERS AND AN AT-LARGE MAYOR AND ALLOWING MAPS TO BE ADOPTED BY RESOLUTION; or
2. ORDINANCE NO. 549(B) – AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING SECTION 2.04.140 OF TITLE 2 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE ALLOWING MAPS TO BE ADOPTED BY RESOLUTION.
Note: The adoption of Ordinance No. 549(B) would retain the current five district system. Council may also chose to adopt neither ordinance; and D. Provide direction to the Town’s redistricting consultant relating to the drawing of new district maps.
8. Business of the Council
8.1 INTRODUCE ORDINANCE NO. 550 - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA, ADDING A NEW CHAPTER 12.37 TO TITLE 12 OF THE APPLE VALLEY MUNICIPAL CODE AND AMENDING SECTION 12.38.020 OF CHAPTER 12.38 OF TITLE 12
1. Introduce Ordinance No. ___ - Adding A New Chapter 12.37 To Title 12 Of The Apple Valley Municipal Code.pdf
OF THE APPLE VALLEY MUNICIPAL CODE TO CODIFY AND CONSOLIDATE VEHICLE PARKING RESTRICTIONS ESTABLISHED VIA TOWN COUNCIL RESOLUTIONS Find the proposed adoption of Ordinance No. 550 is not subject to and is exempt from CEQA based upon a finding that, under section 15061(b)(3) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.
Move to waive the reading of Ordinane No. 550 in its entirety and read by title only.
Move to introduce Ordinance No. 550 adding a new Chapter 12.37 to Title 12 of the Apple Valley Municipal Code and amending Section 12.38.020 of Chapter 12.38 of Title 12 of the Apple Valley Municipal Code to codify and consolidate vehicle parking restrictions established via Town Council Resolutions.
8.2 INTRODUCE ORDINANCE NO. 551 - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA, AMENDING CHAPTER 6.20 OF THE APPLE VALLEY MUNICIPAL CODE RELATING TO SOLID WASTE
1. Introduce Ordinance No. ___ - Amending Chapter 6.20 and Amending Chapter 8.19 of the Apple Valley Municipal Code.pdf
2. Redline - Chapters 6.20 and 8.19-c1 GEE 02.14.22.pdf AND AMENDING CHAPTER 8.19 RELATING TO REQUIREMENT TO RECYCLE CONSTRUCTION AND DEMOLITION DEBRIS FOR CERTAIN CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE TOWN OF APPLE VALLEY.
Find the proposed adoption of Ordinance No. 551 is not subject to and is exempt from CEQA based upon a finding that, under section 15061(b)(3) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.
Move to waive the reading of Ordinance No. 551 in its entirety and read by title only.
Move to introduce Ordinance No. 551 amending Chapter 6.20 of the Apple Valley Municipal Code relating to solid waste, recyclables, and organic waste, and amending Chapter 8.19 relating to requirement to recycle construction and demolition debris for certain construction, demolition, and renovation projects.
8.3 VACANCY ON THE HISTORICAL ADVISORY COMMITTEE
1. Appointment to the Historical Advisory Committee.pdf Council Member Emick to nominate: ____________ to the Town of Apple Valley Historical Advisory Committee.
8.4 VACANCY ON THE COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE
1. Appointment to CDCAC.pdf
Council Member Nassif to nominate: ____________ to the Town of Apple Valley Community Development Citizen Advisory Committee.
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
11. Closed Session
Recommended Motion:
To Adjourn the regular meeting to move into Closed Session at TIME to discuss the following:
11.1 Closed Session
1. Feb 22, 2022 Closed Session.pdf
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.
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.
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.
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.
12. Adjournment
Recommended Motion:
To adjourn the meeting of the Apple Valley Town Council at TIME.