August 26, 2014

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

AUGUST 26, 2014

6:30 P.M.

PLEASE SILENCE CELL PHONES AND PAGERS UPON ENTERING THE CHAMBERS

The meeting will occur in the Council Chambers located at 14955 Dale Evans Parkway in Apple Valley, California.

This is an agenda for the scheduled meeting of the Town Council 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 Chambers. 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 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 chambers 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 MEETING

CALL TO ORDER THE TOWN COUNCIL REGULAR MEETING – 6:30 p.m.

ROLL CALL

COUNCILMEMBERS:

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 Bryan Brock, Life Point Baptist Church

PLEDGE OF ALLEGIANCE:

PRESENTATION:

PUBLIC COMMENTS

COUNCILMEMBER COMMENTS AND 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 – Wednesday, August 27, 2014 – Council Chambers at 7:00 p.m.

B. Regular Meeting – Tuesday, September 23, 2014 – Council Chambers 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 – August 12, 2014

Recommendation:

That the Town Council approve the subject minutes as part of the consent agenda.

2. Award Contract for the Rancherias Road Improvement – Project No. 2012-13

Recommendation:

1. Award a contract to Matich Corporation in the amount of $785,000.00 for the Rancherias Road Improvement Project – Project No. 2012-13, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

2. Approve Budget Amendment 15-01 to allocate $790,000.00 from the Measure I fund to this project ($677,000.00 FY 13/14 carry over and $113,000.00 additional).

3. 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).

4. Agreement for Business Retention Services with Apple Valley Chamber of Commerce

Recommendation:

Approve an annual Agreement for Business Retention Services between the Town and the Apple Valley Chamber of Commerce (Chamber) in an amount not-to-exceed $19,800.00.

5. Agreement for Services with the Apple Valley Village Property and Business Improvement District Association

Recommendation:

That the Town Council approve the Agreement for Services between the Town of Apple Valley and the Apple Valley Village Property and Businesses Improvement District (PBID) Association (Association).

PUBLIC HEARINGS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

6. Ordinance No. 464 - An Ordinance of the Town Council of the Town of Apple Valley Amending Apple Valley Municipal Code Section 6.30.030(F)(1) Regarding Unlawful Nuisances and the Boarding Up of Property

Recommendation:

1. Move to waive the reading of Ordinance No. 464 in its entirety and read by title only.

2. Move to introduce Ordinance No. 464, an Ordinance of the Town Council of the Town of Apple Valley amending Apple Valley Municipal Code Section 6.30.030(F)(1) regarding unlawful nuisances and the boarding up of property.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

CLOSED SESSION

ADDENDUM TO THE REGULAR AGENDA

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 potential case.

C. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case Name: Application No. 14-01-002, In the Matter of the Application of Park Water Company-Apple Valley Ranchos Water Company Water System (U346W) for Authority to Increase Rates Charges for Water Service by $3,127,463.00 or 14.88% in 2015, $2,056,455.00 or 8.48% in 2016, and $2,160,731.00 or 8.19% in 2017.

ADJOURNMENT