February 24, 2015

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

FEBRUARY 24, 2015

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:

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: Pastor Cheryl Denny, Apple Valley Faith Center

PLEDGE OF ALLEGIANCE:

PRESENTATIONS: Presentation -  Apple Valley Ranchos Water Company, Tony Penna,
Apple Valley Ranchos Water Company

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. Regular Meeting – Tuesday, March 10, 2015 – 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 – February 10, 2015

Recommendation:

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

2. Approve Additional Funding to Complete the Refurbishing of the Existing Well at the Apple Valley Golf Course

Recommendation:

That the Mayor and Town Council approve a budget amendment and authorize an expenditure in an amount not to exceed $45,000.00, to complete the work necessary to refurbish the existing irrigation well at the Apple Valley Golf Course.

3. Acceptance of Work, Notice of Completion and Release of Retention for the Rancherias Road Improvements– Project No. 2012-13

Recommendation:

That the Town Council:

1. Accept the work completed as part of the Rancherias Road Improvements – Project No.

2012-13, for a total cost of $768,387.12.

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

3. 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.

4.Purchase of Property Available from Tax Lien Sales by the County of San Bernardino for the Purpose of Constructing New Affordable Housing Projects and a Storm Water Retention Basin

Recommendation:

That the Town Council direct the Town Manager to purchase said property using NSP (Neighborhood Stabilization Program) funds and Storm Water Drainage Impact Fees, made available through tax lien sales by the County of San Bernardino.

5. Adopt Resolution No. 2015-07 - A Resolution of the Town Council of the Town of Apple Valley, California, Approving the Submittal of a Federal Grant Application for a Recycled Water Feasibility Study

Recommendation:

That the Town Council adopt Resolution No. 2015-07 authorizing the Town Manager, or his designee, to submit an application to the US Department of the Interior - Bureau of Reclamation for a Title XVI WaterSMART Water Reclamation and Reuse program grant to fund a Recycled Water Feasibility Study.

6. Presentation of the Apple Valley Community Resource Foundation 2013-14 Annual Report

Recommendation:

It is recommended that Board receive and file the Apple Valley Community Resource Foundation Annual Report for the fiscal year ended June 30, 2014.

PUBLIC HEARINGS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

7. Fiscal Year 2014-2015 Mid-Year Budget Review

Recommendation:

1. That the Town Council receive and file the Fiscal Year 2014-2015 Mid-Year Budget Review

Report.

2. Approve Budget Amendment Number 15-15.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

CLOSED SESSION

8. 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 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