November 13, 2018

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AGENDA
APPLE VALLEY
TOWN COUNCIL/SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

NOVEMBER 13, 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.

REGULAR SESSION

CALL TO ORDER THE REGULAR SESSION OF THE TOWN COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCING AUTHORITY 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:                                 Minister James Campbell, JC Enterprises

PLEDGE OF ALLEGIANCE: 

PRESENTATIONS: 
   
PUBLIC COMMENTS

COUNCILMEMBER COMMITTEE/COMMISSION PARTICIPATION

TOWN COUNCIL ANNOUNCEMENTS

Suggested items for future agenda:
Time, Date & Place for Next Town Council Regular or Special Meeting:
A. Regular Meeting – Tuesday, December 11, 2018 – Council Chamber 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
Recommendation:
That the Town Council and the Board of Directors approve the subject minutes as part of the consent agenda.

Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
 
3. October 2018 Payroll / Benefits Warrants Schedule
Recommendation:
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

4. Bear Valley Road Bus Stop Improvement Project No. 2018-05
Recommendation:
Award a contract to TSR Construction and Inspection for the Bear Valley Bus Stop Improvement Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

5. Application to San Bernardino County Transportation Authority (SBCTA) for Local Transportation Funds – Article 8 – Other Purpose Claim
Recommendation:
Authorize the Town Manager to apply for Local Transportation Funds – Article 8 – Other Purpose Claim in the amount of $662,418 for Fiscal Year 2018-19.

6. Budget Amendment for the Construction of a new Road South of Highway 18 between Kasota Road and Tuscola Road
Recommendation:
That the Town Council approve the new CIP project to construct a new access road between Kasota Road and Tuscola Road approximately 400’ south of Outer Highway 18 south and approve a budget amendment in an amount of $250,000 from Measure I funds.

7. Adopt Resolution no. 2018-52, a Resolution of the Town Council of the Town of Apple Valley, California, Amending the Classification and Salary Plan for the Town of Apple Valley
Recommendation:
That the Town Council adopt Resolution No. 2018-52, a Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary plan.

PUBLIC HEARINGS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

8. Agreement between the Town of Apple Valley and the Apple Valley Unified School District for Use of the Swimming Pool
Recommendation:
Approve the updated Swimming Pool Use Agreement between the Town and the Apple Valley Unified School District (AVUSD).

1. Adopt Resolution No.2018-50, authorizing the Town’s entry into a Joint Exercise of Power Agreement regarding the California Choice Energy Authority, an Administrative Services Agreement and other Ancillary Agreements, and directing the taking of further actions related thereto; and

2. Adopt Resolution No. 2018-51, granting authority to the Town Manager to enter into certain contracts on behalf of the Town of Apple Valley, subject to Town Attorney approval.

 

TOWN MANAGER’S COMMENTS UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

10. 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.

 

G. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluation.  Title:  Town Manager

ADJOURNMENT