March 26, 2019

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

PUBLIC FINANCING AUTHORITY

March 26, 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 AGENDA

REGULAR MEETING OF 03/26/2019
Page 2 of 6
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:

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 – April 9, 2019 – Council Chamber
Regular Session at 6:30 p.m.

TOWN COUNCIL AGENDA

REGULAR MEETING OF 03/26/2019

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.

Recommendation:
Approve the subject minutes as a part of the consent agenda.
Recommendation:
Adopt Resolution No. 2019-06, A Resolution of the Town Council of The Town of Apple Valley Pledging its Support for the 2020 U.S. Census.
Recommendation:
That Town Council receive and file the January 2019 Treasurer’s Report.
Recommendation:
That the Town Council ratify actions of the Town Manager to enter into a new health care plan with Cigna and approve an additional appropriation in the amount of $78,000 to cover the increase in cost for the current fiscal year.
Recommendation:
At its March 12, 2019 meeting, the Town Council reviewed and introduced Ordinance No. 504 which amends the Development Code by modifying provisions relating to accessory dwelling units and other accessory structures. As a part of the requirements to adopt any new ordinance, Ordinance No. 504 has been scheduled for adoption at the March 26, 2019 Town Council Meeting.
Adopt Ordinance No. 504
Recommendation:
That the Town Council approve:
A. Project Funding Agreement No. 18-1001926 with San Bernardino County Transportation Authority for reconstruction of the State Route 18 and Apple
Valley Road intersection, subject to approval as to form by the Town Attorney and as to content by the Town Manager.
B. Cooperative Agreement No. 08-1684 between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and the Town of Apple Valley, subject to approval as to form by the Town Attorney and as to content by the Town Manager.

 

7. SB1 Road Maintenance and Rehabilitation Account (RMRA) Project List Resolution
Recommendation:
Adopt Resolution 2019-07 identifying the paving project list to be funded by SB1.

 

8. Award a Professional Services Agreement for the Tuscola - Kasota Connection Road - Project No. 2018-09
Recommendation:
Award a Professional Services Agreement to Merrell-Johnson for the Tuscola - Kasota Connection Road - Project No. 2018-09 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

9. Award Resurfacing 2019-01 - Project No. 2018-07
Recommendation:
A. Award a contract to VSS International, Inc. for Resurfacing 2019-01 - Project No. 2018-07 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;
B. Approve Budget Amendment No. 19-20 

10. Authorization to Proceed with Apple Valley South Safe Routes to School - Project
No. 2018-02

Recommendation:
Review the plans, specifications, and engineer’s estimate for the Apple Valley South Safe Routes to School Project, and athorize staff to proceed with the project.

PUBLIC HEARINGS

11. A Resolution of the Town Council of The Town of Apple Valley Amending Apple Valley Choice Energy Customer Power Generation Rate Schedule
Recommendation:
Adopt Resolution No. 2019-05, amending Resolution No. 2018-01 setting customer power generation rates for Apple Valley Choice Energy.

12. Public Hearing #1 to Recive Public Comments on Transition to District-Based Elections Under the California Voting Rights Act
Recommendation:
That the Town Council open the public hearing, receive input regarding the composition of the districts, and close the public hearing.

13. Fiscal Year 2018-2019 Mid-Year Budget Review
Recommendation:
A. That the Town Council receive and file the Fiscal Year 2018-2019 Mid- Year Budget Review Report.
B. Approve Budget Amendment Number 19-27 incorporating revenue and expenditure changes and carry forwards as proposed herein.

BUSINESS OF THE COUNCIL

None.

REPORTS, REQUESTS AND COMMUNICATIONS

None.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE
DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

14. 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.
ADJOURNMENT