APPLE VALLEY TOWN COUNCIL/
JUNE 26, 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.
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)
PLEDGE OF ALLEGIANCE:
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, July 10, 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 – June 12, 2018
Approve the subject minutes as part of the consent agenda.
2. Legislation Requiring Local Agencies to Review Its Conflict of Interest Code to Comply with the Political Reform Act
Direct the Town Manager to review its code and submit a notice to the Town Council by October 1, 2018, that either amendments are required or that no amendments are necessary.
3. May 2018 Payroll/Benefits Warrants Schedule
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
4. Treasurer’s Report – April 2018 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Course Fund
That the Town Council receive and file the April 2018 Treasurer’s Report.
5. Lighting and Landscape Assessment District #1 – Engineer’s Annual Report and Levy of Assessment for Fiscal Year 2018-2019
A. Adopt Resolution No. 2018-25, a Resolution of the Town Council of the Town of Apple Valley Directing the Filing of the Annual Report for the Town of Apple Valley Landscaping and Lighting Assessment District.
B. Receive and approve the engineer's report as filed, or as amended.
C. Adopt Resolution No. 2018-26, a Resolution of the Town Council of the Town of Apple Valley Declaring its Intention to Order Improvements and to Levy and Collect Assessments for Fiscal Year 2018-2019.
D. Direct the Town Clerk to publish the Resolution of Intention at least 10 days prior to the date of the public hearing.
6. An Agreement between the Town of Apple Valley and the City of Victorville to Continue the HOME Investment Partnerships Program (HOME) Consortium for the Three-Year Period July 1, 2019 – June 30, 2020
That the Town Council Adopt Resolution No. 2018-27 to approve and authorize execution of the agreement by the Town Manager; and further authorize the Town Manager to make non-substantive modifications or corrections as deemed necessary.
7. Appeal No. 2018-003 – An Appeal of the Planning Commission’s Approvals of Conditional Use Permit No. 2017-006 and Deviation No. 2018-003 for a Proposed Sixty (60)-Foot Tall Wireless Telecommunication Facility within Mendel Park
It is recommended that the Town Council:
A. Open the public hearing and take testimony;
B. Close the public hearing; and
C. Adopt Town Council Resolution No. 2018-28, which denies the appeal of the Planning Commission approval of Conditional Use Permit No. 2017-006 and Deviation No. 2018-003 subject to the conditions of approval.
8. 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 2018-2019
Adopt Resolution No. 2018-32 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 2018-2019.
9. Adoption of Fiscal Year 2018-2019 Appropriations Limits
Adopt Resolution No. 2018-29, of the Town Council of the Town of Apple Valley, California, establishing the Fiscal Year 2018-2019 Appropriations Limit for the Town at $38,966,012 by using the Town’s population growth for the population adjustment and the California per capita income growth for the inflationary adjustment.
10. Review of the Fiscal Year 2018-2019 Statement of Investment Policy
Adopt Resolution No. 2018-30 approving the Statement of Investment Policy for Fiscal Year 2018-2019 and delegating the investment activities to the Town Treasurer.
11. A Resolution of the Town Council of the Town of Apple Valley, California, Amending and Establishing Specified Fees for Town Services
Adopt Resolution No. 2018-31, a Resolution of the Town Council of the Town of Apple Valley, California, amending and establishing specified fees for Town services for Fiscal Year 2018-2019.
REPORTS, REQUESTS AND COMMUNICATIONS
BUSINESS OF THE COUNCIL
TOWN MANAGER’S COMMENTS
DEPARTMENTAL REPORTS AND BUSINESS
Town Manager Report
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.