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February 25, 2020

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

February 25, 2020

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 MEETING – 6:30 P.M.
ROLL CALL

COUNCIL MEMBERS:
Bishop_____, Cusack _____, Leon _____, Mayor Pro Tem Emick _____, Mayor Nassif _____.
(
WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)

OPENING CEREMONIES

INVOCATION: Reverend Ronald Smith, Church of the Valley

 PLEDGE OF ALLEGIANCE: 

PRESENTATIONS:

PUBLIC COMMENTS

COUNCILMEMBER COMMITTEE/COMMISSION PARTICIPATION

Boards, Committees and Commissions

TOWN COUNCIL ANNOUNCEMENTS

Time, Date & Place for Next Town Council Regular or Special Meeting:
A Regular Meeting – March 10, 2020 – Council Chamber
Regular Session at 6:30 p.m.

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.

1. Approval of Minutes of the Town Council. 
A Regular Meeting – February 11, 2020.
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Authorization to Advertise Apple Valley South Safe Routes to School
Recommendation:
A. That the Town Council review and approve the bid documents for Apple Valley South Safe Routes to School Project – No. 2018-02.
B. That the Town Council authorize staff to solicit bids for construction of said project.

3. Approve the “Project Specific Maintenance Agreement for Retaining Walls in The Town of Apple Valley”.
Recommendation:
Approve the “Project Specific Maintenance Agreement for Retaining Walls in The Town of Apple Valley”.

4.Accept the Final Map for Parcel Map No. 19705 Applicant: CJC Holdings, LLC and El Roi , LLC
Recommendation:
Move to accept the final map Parcel Map No. 19705

5.Adopt Resolution No. 2020-06 - A Resolution of The Town Council of The Town of Apple Valley, California, Amending The Personnel Policy and Procedures Manual for The Town of Apple Valley
Recommendation: 
That the Town Council adopt the attached Resolution No. 2020-06, a resolution of The Town Council of The Town of Apple Valley adding Section 17.5 – Town Issued and Owned Cell Phones to Rule 17 Town of Apple Valley Computer, Word Processing, Electronic and Voice Mail Confidentiality (Access and Disclosure) Policy of The Personnel Policy and Procedures Manual for The Town of Apple Valley.

6. Second Reading of Ordinance 527, Amending Title 9 “Development Code” of The Town of Apple Valley Municipal Code, to Allow Administrative Review of Amendments to Previously Approved Projects.
Recommendation:
Adopt Ordinance No. 527

7. Second Reading of Ordinance 528, Amending Section 9.36.230 and Adding Section 9.29.210 of The Apple Valley Development Code as it Relates to Personal Recreational Cannabis Cultivation and Penalties for Cannabis Cultivation Violations.
Recommendation:
Adopt Ordinance No. 528

8.Second Reading of Ordinance 529, an Ordinance of The Town Council of The Town of Apple Valley, California, Amending Chapter 1.01 of The Apple Valley Municipal Code as it Relates to the Fines Associated with Illegal Cannabis Cultivation.
Recommendation:
Adopt Ordinance No. 529

9.Resolution of The Town Council Authorizing Submittal of Applications for All CalRecycle Grants
Recommendation:
That the Town Council adopt Resolution No. 2020-07, a resolution of the Town Council of the Town of Apple Valley authoring the Town Manager to execute Department of Resources, recycling and Recovery (CalRecycle) grants on behalf of the Town of Apple Valley.

PUBLIC HEARINGS

NONE.

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

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.

ADJOURNMENT