AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

SEPTEMBER 25, 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:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS: 

Employee Recognition - Sheriff’s Department – Deputy Kenny Culbertson, 35 Years of Service

Presentation of Proclamation Marking October as Crime Prevention Month, Citizen’s for Safer Communities

Presentation of Proclamation to the Lyon’s Club, Mr. Peugh

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, October 9, 2018 – Council Chamber
Regular Session at 6:30 p.m.

TOWN COUNCIL/SUCCESSOR AGENCY 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 – September 11, 2018
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Fee Waiver Request for the Salvation Army Thanksgiving Day Dinner November 22, 2018 at the James Woody Community Center
Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $105.00.

3. Award Contract for Street Maintenance Services – Project No. PW2018-03
Recommendation:
Award a contract to Cooley Construction, Inc. for the Street Maintenance Services FY 2018-19, Project No. PW2018-03, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

4. Approve Purchase of a Skid Steer Loader from Quinn Company
Recommendation:
Approve purchase of a skid steer loader from Quinn Company in the amount of $99,911.18.

5. Award Contract for Traffic Signal Maintenance Services – Project No. PW2018-01
Recommendation:
Award a contract to Siemens Mobility, Inc. for the Traffic Signal Maintenance Services FY 2018-19, Project No. PW2018-01, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6. Accept the Final Map for Parcel Map No. 19937
Recommendation
Move to accept the final map, securities and agreements for Parcel Map No. 19937.

7. A Resolution of the Town of Apple Valley, California, Determining the Amount of Property Tax Revenues to be Transferred as A Result of the Pending Reorganization to Include the Annexation to the Town of Apple Valley from County Service Area 70 as Described in LAFCO No. 3229
Recommendation:
Approve Resolution No. 2018-44 of the Town of Apple Valley determining the amount of property tax revenues to be transferred as a result of the pending reorganization to include the annexation to the Town of Apple Valley from County Service Area 70 as described in LAFCO No. 3229.

8. Adopt Resolution No. 2018-45 - A Resolution of the Town Council of the Town of Apple Valley, California, Authorizing the Application to the California Natural Resources Agency for the River Parkways Grant Program
Recommendation:
That the Town Council adopt Resolution 2018-45, Authorizing the Application to the California Natural Resources Agency for the River Parkways Grant Program

9. Adopt Ordinance No. 503 - An Ordinance of the Town Council of the Town of Apple Valley, California, Amending Section 3.16.010 of Chapter 3.16 of Title 3 of the Apple Valley Municipal Code Relating to Claims for Money or Damages
Recommendation:
Adopt Ordinance No. 503

PUBLIC HEARINGS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

10. Discussion Regarding the use of Exposed Metal Construction
Recommendation:
Receive and File

11. Apple Valley Choice Energy 2017 Annual Power Source Disclosure Report Attestation
Recommendation:
Based on staff’s review, endorse the accuracy of information presented in Apple Valley Choice Energy’s (AVCE) 2017 Power Source Disclosure report for Core Choice service and approve the distribution of statistics reflected in AVCE’s 2017 annual PSD reports within AVCE’s 2017 Power Content Label.

TOWN MANAGER’S COMMENTS

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

12. 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