October 09, 2018

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AGENDA

APPLE VALLEY
TOWN COUNCIL/SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

OCTOBER 9, 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:          Pastor Gregory Winston, Victorville Life Church

PLEDGE OF ALLEGIANCE:

PRESENTATIONS: Code Enforcement Appreciation Week – Presented to Code Enforcement Manager Guy Eisenbrey

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. Special Meeting – Tuesday, October 16, 2018 – Development Services Building - 6:30 p.m.
B. Regular Meeting – Tuesday, October 23, 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

(Apple Valley Town Council)
(Apple Valley Public Financing Authority)

A. Special Meeting – Public Financing Authority - September 11, 2018
B. Regular Meeting – Town Council – September 25, 2018
Recommendation:
That the Town Council and the Board of Directors approve the subject minutes as part of the consent agenda.

2. September 2018 Commercial Warrants and Wire Transfer Schedules
Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

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

4. Award a Professional Services Agreement for the Apple Valley Safe Routes to School Design – Project No. 2018-06
Recommendation:
A. Award a Professional Services Agreement to David Evans & Associates for the Apple Valley Safe Routes to School Design - Project No. 2018-06 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

B. Approve Budget Amendment dated September 13, 2018 allocating additional Measure I funds.

5. Award Contract for Street Striping Services – Project No. PW2018-02
Recommendation:
Award a contract to CAT Tracking, Inc. for the Street Striping Services FY 2018-19, Project No. PW2018-02, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6. Adopt Resolution No. 2018-46, a Resolution of the Town Council of the Town of Apple Valley, California, Designating the Second Week of October as Code Enforcement Officer Appreciation Week
Recommendation:
That the Town Council adopt Resolution 2018-46, designating the second week of October as Code Enforcement Officer Appreciation Week.

7. Apple Valley Village Accessibility Project – Project No. 2018-03
Recommendation:
That the Town Council:

A. Accept the work completed as part of the Apple Valley Village Accessibility Project - No. 2018-03 for a total contract cost of $513,766.14.

B. Direct the Town Clerk to file the Notice of Completion for the contract work.

C. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

D. Accept John Glenn Road from State Highway 18 South to Powhattan Road as a Town maintained road.

8. Adopt Resolution No. 2018-48, A Resolution of the Town Council of the Town of Apple Valley, California, Amending Resolution No. 2016-34, Amending the Conflict of Interest Code Pursuant to the Political Reform Act by Reference to the Standard Conflict of Interest Code Set Forth in Section 18730 of the Regulations of the Fair Political Practices Commission as Amended
Recommendation:
That the Town Council adopt Resolution Number 2018-48, a Resolution of the Town Council of the Town of Apple Valley, California, Approving an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974.

PUBLIC HEARINGS

9. Execution and Delivery of Revolving Credit Agreement Relating to a Revolving Line of Credit
Recommendation:
(Apple Valley Town Council)
(Apple Valley Public Financing Authority)

Authorize the Execution and Delivery of a Revolving Credit Agreement Relating to a Revolving Line of Credit and Approve Other Documents and Actions Relating Thereto.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

None.

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.

ADJOURNMENT