June 11, 2019

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY/
PUBLIC FINANCING AUTHORITY

June 11, 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 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: Shawn Bell, Church of Jesus Christ Latter Day Saints

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:  Employee of the Quarter: Carol Jenkins, Office Assistant, Animal Services

Sheriff Department Employee of the Quarter: Pam Hoffman,Sheriff Service Specialist.

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 – June 25, 2019 – 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
Recommendation:
A. Approve the subject minutes of the May 28, 2019 Regular Meeting

2. May 2019 Commercial Warrants and Wire Transfer Schedule.
Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

3. May 2019 Payroll/Benefits Warrants Schedule.
Recommendation:
That the Town Council receive, ratify and file the Payroll/Benefits warrants as presented.

4. Lighting and Landscape Assessment District #1 - Engineer’s Annual Report and Levy of Assessment for FY 2019-2020
Recommendation:
A. Adopt Resolution No. 2019-12, a Resolution of the Town Council of the Town of Apple Valley Directing the Filing of the Annual Report for the Town of Apple Valley Landscaping and Lighting Assessment District.
B. Receive and approve the engineer's report as filed, or as amended.
C. Adopt Resolution No. 2019-13, a Resolution of the Town Council of the Town of Apple Valley Declaring its Intention to Order Improvements and to Levy and Collect Assessments for Fiscal Year 2019-2020.
D. Direct the Town Clerk to publish the Resolution of Intention at least 10 days prior to the date of the public hearing.

5. Jess Ranch Community Manholes Project No. PW2019-01
Recommendation:
A. Accept the work completed as part of the Jess Ranch Community Manholes Project No. PW2019-01 for a total contract cost of $142,860.00.
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.

6. Second Reading of Ordinance 507 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 Enforcement, Notice, and Appeal Processes
Recommendation:
Adopt Ordinance No. 507

7. Second Reading of Ordinance 508 of the Town Council of the Town of Apple Valley, California, Amending Chapter 6.30 of the Apple Valley Municipal Code as it Relates to the Enforcement and Notice Processes
Recommendation:
Adopt Ordinance No. 508

8. Second Reading of Ordinance 510 of the Town Council of the Town of Apple Valley, California, Amending Title 11 of the Apple Valley Municipal Code to add Chapter 11.110 Regarding Unlawful Loud or Unruly Gatherings
Recommendation:
Adopt Ordinance No. 510

PUBLIC HEARINGS

9. Public Hearing #4 to Receive Input Regarding the Content of the Draft Maps and the Proposed Sequence of Elections and Provide Direction
Recommendation:
That the Town Council open the public hearing, receive input regarding the content of the draft maps and the proposed sequence of elections, close the public hearing, and provide direction to staff.

BUSINESS OF THE COUNCIL

10. Cal Portland’s Request to Allow Overhead Power Lines
Recommendation:
Provide Staff with direction regarding the request to allow overhead utility lines for the Cal Portland mining and aggregates process facility at the Scheerer Quarry.

11. Request to Allow Overhead Power Lines, Nico Plaza
Recommendation:
Provide staff with direction regarding the request to allow overhead utility poles and lines to remain in vicinity of the Nico Plaza development.

12. Discussion on Future Direction of the Equestrian Advisory Committee
Recommendation:
The Town Manager and staff recommend the Town Council give direction to eliminate the Equestrian Committee as a Brown Act committee of the Council and provide Town support of the formation of an Equestrian User Group.

REPORTS, REQUESTS AND COMMUNICATIONS

NONE.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

CLOSED SESSION

13. 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 Real Property Negotiators – Pursuant to Government Code. Section 54956.8. Property: A 99.47 acre parcel along Highway 18 at the base of Miner’s Hill, also known as Assessor’s Parcel Number 3112-181-03; Authority Negotiator: Town Manager; Negotiating Parties: Donald Brown, Lee & Associates, Et Al; Under Negotiation: Price and Terms of Payment.