AGENDA
APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY
June 25, 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 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 – 07/09/2019 – 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. Special Meeting – June 11, 2019
B. Regular Meeting – June 11, 2019
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Award Contract for the Construction Management Services for the Apple Valley Desert Water Reuse – Project 2019-01
Recommendation:
Award a Professional Services Agreement contract to Parsons Transportation Group, Inc. for Construction Management Services for the Apple Valley Desert Water Reuse – Project 2019-01 in an amount not to exceed $385,467.00, subject to “Approval as to Form” by the Town Attorney, and “Approval as to Content” by the Town Manager.

3. Proposed Addendum No. 1 to the Exclusive Solid Waste Franchise Agreement Between the Town of Apple Valley and Burrtec Waste Industries, Inc. to Provide for Staffing of the Town of Apple Valley Household Hazardous Waste Collection Location
Recommendation:
That the Town Council authorize the Town Manager to approve the attached Addendum No. 1 to the Exclusive Solid Waste Franchise Agreement between the Town of Apple Valley and Burrtec Waste Industries, Inc. to provide for staffing of the Town of Apple Valley Household Hazardous Waste Collection location.

PUBLIC HEARINGS

4. A Resolution of the Town Council of the Town of Apple Valley, California, Approving Budget Appropriations and Adopting the Operating and Capital Improvement Budget for all Funds for Fiscal Year 2019-2020
Recommendation:
Adopt Resolution No. 2019-14 of the Town Council of the Town of Apple Valley, California, approving a budget appropriation and adopting the budget, including the operating and capital improvement budget for all funds for Fiscal Year 2019-2020.

5. Adoption of the Fiscal Year 2019-2020 Appropriations Limit
Recommendation:
Adopt Resolution No. 2019-15 of the Town Council of the Town of Apple Valley, California, establishing the Fiscal Year 2019-2020 Appropriations Limit for the Town at $40,785,881 by using the Town’s population growth for the population adjustment and the California per capita income growth for the inflationary adjustment.

6. Review of the Fiscal Year 2019-2020 Statement of Investment Policy
Recommendation:
Adopt Resolution No. 2019-16 approving the Statement of Investment Policy for Fiscal Year 2019-2020 and delegating the investment activities to the Town Treasurer.

7. A Resolution of the Town Council of the Town of Apple Valley, California, Amending and Establishing Specified Fees for Town Services
Recommendation:
Adopt Resolution No. 2019-17, a Resolution of the Town Council of the Town of Apple Valley, California, amending and establishing specified fees for Town services for Fiscal Year 2019-2020.

8. Approval of Resolution Amending the Apple Valley Choice Energy Customer Power Generation Rate Schedule
Recommendation:
Adopt Resolution No. 2019-18, amending Resolution No. 2019-05 setting customer power generation rates for Apple Valley Choice Energy.

9. Amendment to the Solid Waste Disposal Rate Between the Town of Apple Valley and Burrtec 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.

10. Second Reading of Ordinance 509 of the Town Council of the Town of Apple Valley, California, Amending Chapter 8.28 of the Apple Valley Municipal Code as it Relates to the Replacement of the Uniform Housing Code with the International Property Maintenance Code
Recommendation:
That the Town Council adopt Ordinance No. 509.

BUSINESS OF THE COUNCIL

11. Establishment Of An Audit Committee
Recommendation:
That Town Council:
A) Establish an audit committee; and
B) Appoint two (2) members to serve on the audit committee.

12. Classification and Compensation Study Findings and Recommendations
Recommendation:
That the Town Council approve the recommended findings from the 2019 Classification and Compensation Study Presentation in conjunction with the 2019-2020 Budget

REPORTS, REQUESTS AND COMMUNICATIONS

None.

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.

ADJOURNMENT