July 24, 2018

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

JULY 24, 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:                              Bishop Ebmeyer, Church of Jesus Christ Latter Day Saints

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, August 14, 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 – July 10, 2018
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Claim Rejection – Michelle P. Skonezny
Recommendation:
Reject the claim of Michelle P. Skonezny.

3. FY 2018-19 Budget of the Apple Valley Village Property and Business Improvement District (PBID) Association
Recommendation:
That the Town Council Approve the Fiscal Year 2018-19 Budget of the Apple Valley Village Property and Business Improvement District Association (Association).

4. Change of Ownership, Release of Original Securities, and Approve New Agreements and Securities for Tract Map 17453
Recommendation:
That the Town Council approve new securities and agreements, subject to approval as to form by the Town Attorney and as to content by the Town Manager, reflecting 100% security for the remaining improvements yet to be completed. The securities and agreements will remain in place until all public improvements within Tract Map No. 17453 are complete and eligible for the one-year maintenance period to begin.

5. Treasurer’s Report – May 2018 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Course Fund
Recommendation:
That the Town Council receive and file the May 2018 Treasurer’s Report.

6. Adopt Resolution No. 2018-42, A Resolution of the Town Council of the Town of Apple Valley, California, Approving the Levy and Collection of Assessments for Fiscal Year 2018-19 within the Aple Valley Village Property and Business Improvement District (PBID)
Recommendation:
That the Town Council adopt Resolution No. 2018-42, approving the Levy and Collection of Assessments for Fiscal Year 2018-19 within the Apple Valley Village Property and Business Improvement District (PBID).

7. Adopt Resolution No. 2018-34, A Resolution of the Town Council of the Town of Apple Valley, California, Approving the Apple Valley Choice Energy (“AVCE”) Integrated Resource Plan (IRP)
Recommendation:
Staff recommends that the Town Council adopt Resolution 2018-34 approving the Apple Valley Choice Energy (“AVCE”) Integrated Resource Plan (IRP).

PUBLIC HEARINGS

8. Lighting and Landscape Assessment District #1 – Engineer’s Annual Report and Levy of Assessment for FY 2018-2019
Recommendation:
That the Town Council:

1. Open the public hearing;

2. Adopt Resolution No. 2018-35, “A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2018-2019”;

3. Close the Public Hearing.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL


9. Discussion and Possible Action Regarding Inclusion of Properties within the Town of Apple Valley in Various Open PACE Programs
Recommendation:
Any action or further direction for staff is at the discretion of the Town Council.

10. Resolution of the Town Council of the Town of Apple Valley Authorizing the Execution and Delivery of Tax and Revenue Anticipation Notes
Recommendation:
Staff recommends that the Town Council adopt a Resolution 2018-41 authorizing the execution and delivery of a Tax-Exempt Tax and Revenue Anticipation Note and a Taxable Tax and Revenue Anticipation Note.

11. Apple Valley Village Accessibility Project
Recommendation:
Award a contract to All American Asphalt for the Apple Valley Accessibility Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

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