February 10, 2015

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

FEBRUARY 10, 2015

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:

Bishop _____, Emick _____, Nassif _____, Mayor Pro Tem Stanton _____, Mayor Cusack _____.

(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)

OPENING CEREMONIES

INVOCATION:

PRESENTATION: Emergency Room Bed Count, Ambulance Services, Sid Hultquist, Apple Valley Fire Protection District Chief

2014 Wrap Up - Economic Development Update, Orlando Acevedo, Economic Development Manager

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, February 24, 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.

1. Approval of Minutes of the Town Council

A. Regular Meeting – January 27, 2015

Recommendation:

Approve the subject minutes as part of the consent agenda.

2. December 2014 - Commercial Warrants Schedule

Recommendation:

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

3. December 2014 - Payroll/Benefits Warrants Schedule

Recommendation:

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

4. Adopt Ordinance No. 466 – An Ordinance of the Town Council of the Town of Apple Valley, California, Amending Title 9 “Development Code” of the Town of Apple Valley Municipal Code, by Modifying Section 9.74.160 “Temporary Real Estate Signs” of Chapter 9.74 “Signs and Advertising Displays”.

Recommendation:

Adopt Ordinance No. 466.

5. Request to Vacate a Road Easement on Parcel Map 5649

Recommendation:

That the Town Council

1. Find that road easement as shown on Parcel Map 5649, has not been used for the purpose for which it was dedicated for five (5) consecutive years immediately preceding the proposed vacation;

2. Adopt Resolution No. 2015-05, “A Resolution of the Town Council of the Town of Apple Valley, California, vacating the road easement on Parcel Map 5649, pursuant to the Streets and Highways Code Section 8333 (a)”;

3. Instruct the Town Clerk to cause the Resolution vacating the road easement to be recorded in the office of the County Recorder of the County of San Bernardino, pursuant to Section 8336 of the Streets and Highways Code.

6. Acceptance of Work, Notice of Completion and Release of Retention for the Town Hall Driveway Improvements– Project No. 2014-02

Recommendation:

That the Town Council:

1. Accept the work completed as part of the Town Hall Driveway Improvements – Project No. 2014-02, for a total cost of $97,584.00.

2. Approve Budget Amendment 15-13 to allocate $20,500.00 from the Measure I Fund to this project.

3. Direct the Town Clerk to file the Notice of Completion for the contract work.

4. Direct the Finance Director to release the retained funds thirty (30) days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

PUBLIC HEARINGS

7. Resolution 2015-04, To Record Delinquent Utility Fees and Costs and Code Enforcement Fees against Real Property Located in the Town of Apple Valley and Directing that said Assessments Constitute a Lien Upon Said Properties.

Recommendation:

That the Town Council:

1. Open Public Hearing;

2. Adopt Resolution No. 2015-04, confirming delinquent utility fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties;

3. Close Public Hearing

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

8. Consideration of Approval of Ratification and Amendment of Loans, Evidenced by Promissory Notes, between the Town of Apple Valley and the Apple Valley Redevelopment Agency.

Recommendation:

It is recommended that the Town Council and Successor Agency each adopt a respective Resolution approving the Ratification and Amendment of Loans, Evidenced by Promissory Notes, and to submit the Amended Loans to the Oversight Board for approval.

1. Town Council Resolution No. 2015-06, approving the Ratification and Amendment of Loans, Evidenced by Promissory Notes, between the Town and former Apple Valley Redevelopment Agency.

2. Successor Agency Resolution No. 2015-01, approving the Ratification and Amendment of Loans, Evidenced by Promissory Notes, between the Town and former Apple Valley Redevelopment Agency.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

CLOSED SESSION

9. 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.

D. Conference with Legal Counsel – Existing Litigation – (Subdivision (A) of Section 54956.9) Briggs v. The Town of Apple Valley; San Bernardino Superior Court Case No. CIVVS 1103746.

ADDENDUM TO THE REGULAR AGENDA:

E. Conference with Real Property Negotiators – Pursuant to Government Code Section 54956.8. Property: Apple Valley Ranchos Water Company; Authority Negotiator: Town Manager; Negotiating Parties: Park Water Company, The Carlyle Group, Carlyle Infrastructure Partners, Western Water Holdings LLC; Under Negotiation: Price and terms of payment.

ADJOURNMENT