AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

July 23, 2019

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_____, Emick_____, Leon_____, Mayor Pro Tem Nassif _____, Mayor Cusack______.

(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)

OPENING CEREMONIES

INVOCATION:                   Pastor Foy, United in Christ Baptist Church

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

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 – August 13, 2019 – 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 July 9, 2019
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Four-Way Stop at the Intersection of Shoshone/Flathead Road and Tonawanda Road
Recommendation:
Adopt Resolution 2012-21, “A Resolution of the Town Council of the Town of Apple Valley establishing the intersection of Shoshone/ Flathead Road and Tonawanda Road as a four-way STOP intersection.”

3. Award of Contract, Resurfacing 2019-02
Recommendation:
Award a contract to VSS International, Inc. for Resurfacing 2019-02 - Project No. 2019-02 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;

4. Schedule of Future Development Code Amendment Discussions
Recommendation:
Receive and File

5. Adopt Ordinance No. 511, An Ordinance of the Town Council of the Town of Apple Valley, California Section 2.04.140 To Chapter 2.04 of Title 2 of The Town of Apple Valley Municipal Code Establishing By-District Elections, Defining District Boundaries, and Scheduling Elections Within the Districts
Recommendation:
Adopt Ordinance No. 511.

6. Fee Waiver for No Drugs America to Use James Woody Park
Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Park Rental Fee of $81.00.

PUBLIC HEARINGS

7. Lighting and Landscape Assessment District #1 – Engineer’s Annual Report and Levy of Assessment for FY 2019-2020
Recommendation:
1. Conduct the public hearing
2. Adopt Resolution No. 2019-22, “A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2019-2020”

BUSINESS OF THE COUNCIL

8. Selection of Town Council Voting Delegate and Voting Alternate to the League of California Cities’ 2019 Annual Conference
Recommendation:
Nominate one Council Member as voting delegate and two (2) Council Members as voting alternates representing the Town of Apple Valley at the League of California Cities’ 2019 Annual Conference.

9. Transition Plan for Water Takeover
Recommendation:
That the Town Council: (1) receive a presentation from the Town Manager on the Water Enterprise Transition Plan; and (2) adopt Resolution No. 2019-23, authorizing the Town Manager to employ certain Liberty Utilities (Apple Valley Ranchos Water) Corp. employees upon the completion of the acquisition of the Apple Valley Water System, directing the Town Manager to retain such consultants as may be necessary for the administration and operation of the system, and finding that no further environmental review is required under CEQA.

REPORTS, REQUESTS AND COMMUNICATIONS

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

10. 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. Negotiations with Real Property Negotiator – Parcel Numbers: 0440-096-17 and 18, Apple Valley; Negotiating Parties: Interested parties; Town Negotiator(s) -Town Manager. Negotiations involve both price and terms.

ADJOURNMENT