December 9, 2014

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

DECEMBER 9, 2014

REGULAR SESSION BEGINS AT 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 SESSION

CALL TO ORDER THE REGULAR SESSION OF THE TOWN COUNCIL 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 Mark Mikkels, Sonlife Community Church

PRESENTATION OF FLAGS:  Posting of the Colors by the Academy for Academic Excellence Air Force Jr. ROTC Color Guards led by George A. Armstrong III, Colonel, USAF (Ret)

NATIONAL ANTHEM:  Granite Hills High School Choir

MAYOR’S YOUTH LEADERSHIP SUMMIT – MOCK COUNCIL PRESENTATION

1. New Hotel Marketing Campaign 

Recommendation:

That the Town Council approve an expenditure of up to $1000.00 to fund a New Hotel Marketing Campaign Project.

CANVASS OF ELECTION RETURNS

2. Results of Canvass of Election Returns of the Town of Apple Valley General Municipal Election held November 4, 2014, and adopt Resolution No. 2014-47 Reciting the Fact of the Election and Such Other Matters Provided by Law

Recommendation:

Adopt Resolution No. 2014-47 reciting the fact of the election and such other matters provided by law.

3. Installation of Newly Elected Council Members Pursuant to the Results of the Special Municipal Election Held November 4, 2014.

Recommendation:

(1) Installation of Officers.

Oath of Office to be administered to Council Member Curt Emick

Oath of Office to be administered to Council Member Scott Nassif

Oath of Office to be administered to Council Member Barb Stanton

Town Clerk to present each newly elected Council Member a Certificate of Election.

4. Selection of Mayor and Mayor Pro Tempore

Recommendation:

(1) Council to select one of its number as Mayor.

(2) Council to select one of its number as Mayor Pro Tempore.

RECESS FOR REORGANIZATION

PRESENTATION:

Mayor’s Plaque – Mayor Bishop for his term as Mayor on the Town Council for the period December 2013 to December 2014.

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. Regular Meeting – Tuesday, January 13, 2015 – Council Chambers

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.

5. Approval of Minutes of the Town Council

A. Regular Meeting – November 18, 2014

Recommendation:

Approve the subject minutes as part of the consent agenda.

6. October 2014 - Commercial Warrants Schedule

Recommendation:

That the Town Council receive, ratify, and file the Commercial Warrants Schedule as presented.

7. October 2014 - Payroll/Benefits Warrants Schedule

Recommendation:

That the Town Council receive, ratify, and file the Payroll/Benefits Warrants as presented.

8. Treasurer’s Report – Month of October 2014 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Course Fund

Recommendation:

That the Town Council receive and file the October 2014 Treasurer’s Report.

9. Amendment No. 1 to Cooperative Agreement 13-705 between the Town of Apple Valley and the County of San Bernardino for a Chip Seal Project on Kiowa Road

Recommendation:

Approve Amendment No. 1 to Cooperative Agreement No. 13-705 between the Town of Apple Valley and The County of San Bernardino for a Chip Seal Project on Kiowa Road

10. Award Contract for Town Hall Driveway Improvements – Project No. 2014-02

Recommendation:

Award a contract to TSR Construction and Inspection in the amount of $54,476.00 for the Town Hall Driveway Improvements Project No. 2014-02, subject to “Approval as to Form” by the Town Attorney, and “Approval as to Content” by the Town Manager.

11. Award Contract for Deep Creek Road Overlay - Project No. 2014-03

Recommendation:

Award a contract to Sully-Miller Contracting Co. in the amount of $245,000.00 for the Deep Creek Road Overlay Project No. 2014-03, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

12. Award Contract for Construction of Bear Valley Road and Mohawk Road Traffic Signal – Project No. 2012-07

Recommendation:

Award a contract to DBX, Inc. in the amount of $346,788.50 for the Bear Valley Road and Mohawk Road Traffic Signal – Project No. 2012-07, subject to “Approval as to Form” by the Town Attorney, and “Approval as to Content” by the Town Manager.

13. Fee Waiver Request for No Drugs America for April 25, 2015 for Use of the Civic Center Amphitheatre

Recommendation:

For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $871.30.

14. Appropriation of Asset Seizure Funds

Recommendation:

That the Town Council approve the attached Budget Amendment No.15-11 appropriating available Asset Seizure Fund resources for the purchase of equipment and other expenditures as discussed herein.

PUBLIC HEARINGS

15. Appeal of the Intent to Revoke Business License #00004615 Issued to Apple Valley Recycling

Recommendation:

1. Find the Facts presented within the staff report for the Council hearing of December 9, 2014 and the record as a whole as discussed by the Council, support the recommendation to revoke Business License #00004615; and

2. Deny the appeal of Apple Valley Recycling (Salome and Elida Vidana), and uphold the recommendation of the Town of Apple Valley.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

16. Vacancy on the Equestrian Committee

Recommendation:

Council Member Stanton to nominate: , to the Town of Apple Valley Equestrian Committee.

17. Council Members Representation on Various Boards, Committees and Commissions

Recommendation:

That the Town Council chooses one of its numbers to fill the positions on certain Council Boards, Committees and Commissions as shown in the attached summary sheet or confirm that no changes are necessary.

18. Establishment of Consolidated Plan / Fourth Year Action Plan Priority Needs for FY 2015-2016

Recommendation:

That the Town Council approve the following list of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funding priorities, as established in the Strategic Plan, to be used as a guideline by the Community Development Citizens Advisory Committee (CDCAC) in making recommendations to the Town Council for the 2015-2016 Action Plan.

19. Discussion of Cancellation of Town Council Meeting of January 13, 2015

Recommendation:

Provide direction to staff.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

CLOSED SESSION

20. 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 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 Rate 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

MOTION