AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/JOINT POWERS FINANCING AUTHORITY

JUNE 12, 2018

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/SUCCESSOR AGENCY MEETING – 6:30 P.M.

ROLL CALL

COUNCIL MEMBERS:

Emick_____, Nassif _____, Stanton _____, Mayor Pro Tem Cusack _____, Mayor Bishop _____.

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

OPENING CEREMONIES

INVOCATION:                             Pastor Josh Gerbracht, First Assembly of God

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 – Tuesday, June 26, 2018 – Council Chamber
Regular Session at 6:30 p.m.

TOWN COUNCIL/SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY 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 – May 22, 2018
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. May 2018 Commercial Warrants and Wire Transfer Schedules
Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

3. Paving 18-19 Project No. 2018-04
Recommendation:
1. That the Town Council review and approve the bid documents for Paving 18-19 – Project No. 2018-04.
2. That the Town Council authorize staff to solicit bids for construction of said project.

4. Apple Valley Village Accessibility Project
Recommendation:
1. That the Town Council review and approve the bid documents for Apple Valley Village Accessibility Project.
2. That the Town Council authorize staff to solicit bids for construction of said project.

5. Claimant – Christopher L. Reitsma
Recommendation:
Reject the claim of Christopher L. Reitsma

6. Adopt Resolution No. 2018-20 Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 6, 2018
Recommendation:
Adopt Resolution No. 2018-20 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.

7. Adopt Resolution No. 2018-21, A Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements for the General Municipal election, November 6, 2018.
Recommendation:
Adopt Resolution No. 2018-21 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election, November 6, 2018.

8. Adopt Resolution No. 2018-22, A Resolution of the Town Council of the Town of Apple Valley, California, Approving the 2016 Climate Action Plan Update and Energy Action Plan
Recommendation:
Adopt Resolution No. 2018-22, approving the Town of Apple Valley 2016 Climate Action Plan Update and Energy Action Plan.

Exhibit A - Climate Action Plan 2016

9. Adopt Resolution No. 2018-23, A Resolution of the Town Council of the Town of Apple Valley, California, Approving the Application for Environmental Enhancement and Mitigation Program Grant Funds
Recommendation:
That the Town Council adopt Resolution No. 2018-23, authorizing an Application to the Environmental Enhancement and Mitigation Program for the Apple Valley Urban Forestry Project.

10. Amendment to the Solid Waste Disposal Rates between the Town of Apple Valley and Burrtec Waste Industries Inc.
Recommendation:
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.

ADDENDUM TO THE REGULAR AGENDA

10A. Approve Change Order No. 002, Paving 17-18 - Project No. 2018-01
Recommendation:
Approve a contract change order to VSS International, Inc., amending the Paving 17-18 - Project No. 2018-01 scope of work, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

RECESS MEETING OF THE APPLE VALLEY TOWN COUNCIL AND CONVENE AS THE APPLE VALLEY SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

SEE APPLE VALLEY SUCCESSOR AGENCY AGENDA DATED JUNE 6, 2018

RECESS MEETING OF THE APPLE VALLEY SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND CONVENE AS THE APPLE VALLEY PUBLIC FINANCING AUTHORITY

SEE APPLE VALLEY PUBLIC FINANCING AUTHORITY AGENDA DATED JUNE 6, 2018

ADJOURN MEETING OF THE APPLE VALLEY PUBLIC FINANCING AUTHORITY AND RECONVENE AS THE APPLE VALLEY TOWN COUNCIL

11. Adopt Resolution No. 2018-24, A Resolution of the Town Council of the Town of Apple Valley, California, Adopting a Debt Management Policy for the Town of Apple Valley
Recommendation:
Adopt Town of Apple Valley Resolution No. 2018-24, establishing a Debt Management Policy for the Town.

PUBLIC HEARINGS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

12. Fiscal Year 2018/2019 Budget Update
Recommendation:
Provide direction to staff.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

13. 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.: CIVDS1725027 – Christina Lopez-Burton v. Town of Apple Valley.

F. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1601999 – Town of Apple Valley vs. Jess Ranch Development, Et Al.

ADJOURNMENT