January 28, 2020

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

January 28, 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: Pastor Nate Garn from Apple Valley Baptist Church
     
PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

PUBLIC COMMENTS

COUNCIL MEMBER 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 – February 11, 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 – January 14, 2020.
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Second Reading of Ordinance 525 of the Town of Apple Valley, California, Amending Title 9 “Development Code” of the Town of Apple Valley Municipal Code, to Include Advisory Information Regarding Development Impact Fees to Chapter 9.71 “Subdivision Regulations”.
Recommendation:
Adopt Ordinance No. 525

3. Approve Purchase of Real Property Located on Otoe Road, South of Lenny Brewster Sports Center (APN’s 0440-096-17 And 18).
Recommendation:
Approve purchase of two lots directly south of Lenny Brewster Sports Center on the south side of Otoe Road for the purpose of storm water retention. Also, approve the attached Budget Amendment.

4. Quarterly Treasurer’s Report – October - December 2019
Recommendation:
That Town Council receive and file the October-December 2019 Quarterly Treasurer’s Report.

PUBLIC HEARINGS

5. Amendment to the 2016-2017, 2017-2018, 2018-2019, and 2019-2020 Action Plans
Recommendation:
A. Conduct a public hearing and upon accepting public testimony, adopt Resolution No. 2020-03 including any modifications or amendments thereto;
B. Approve a Amendment to the Community Development Block Grant (“CDBG”) 2016-2017, 2017-2018, 2018-2019 and 2019-2020 Annual Action Plans (“Action Plans”) by programming $100,000 to the 2018-2019 Mendel Park Restroom Project, $10,706 to the 2018-2019 James Woody Park Security Cameras Project, $150,000 to the 2019-2020 Residential Rehabilitation Program, $10,000 to the 2019-2020 Code Enforcement Program and $75,000 to the 2019-2020 James Woody Park Irrigation Replacement Project; and
C. Authorize the Town Manager to execute and transmit all necessary documents, including the Amendment to the Action Plans, and any additional amendments, to assure the Town’s timely expenditure of CDBG funds.

6.Introduce Ordinance No. 526” an Ordinance of the Town Council of the Town of Apple Valley, California, Amending Chapter 12.20., Entitled “Special Speed Limits” of Title 12 of the Town of Apple Valley Municipal Code”
Recommendation:
A. Move to waive the reading of Ordinance No. 526 in its entirety and read by title only 
B. Move to Introduce No. 526 ”An Ordinance of the Town Council of the Town of Apple Valley, California, amending Chapter 12.20., entitled “special speed limits” of Title 12 of the Town of Apple Valley Municipal Code.” 

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

7. 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