June 10, 2014

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AGENDA

APPLE VALLEY TOWN COUNCIL/ SUCCESSOR AGENCY

JUNE 10, 2014

REGULAR MEETING 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 MEETING

CALL TO ORDER THE REGULAR MEETING 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 Mikels, Sonlife Community Church

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

1. Volunteen Certificates of Commendation - Alicia Dannelley, Recreation Coordinator

2. Greener Apple Valley Poster Winners - Joseph Moon, Special Projects Manager

3. Metro High Desert Corridor – Project Update, Danielle Valentino, Metro Community Relations Manager, Will Lamborn, Metro Interim Project Manager, Karl Price, Caltrans Senior Environmental Planner

4. Apple Valley Ranchos Update – Tony Pena, General 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, June 24, 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 – May 13, 2014

Recommendation:

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

2. April 2014 - Commercial Warrants Schedule

Recommendation:

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

3. April 2014 - Payroll/Benefits Warrants Schedule

Recommendation:

That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.

4. Treasurer’s Report – April 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 April 2014 Treasurer’s Report.

5. Claimant – Salvador Ortiz-Lopez

Recommendation:

Reject the claim of Salvador Ortiz-Lopez.

6. Adopt Ordinance No. 461 – An Ordinance of the Town Council of the Town of Apple Valley Pertaining to Places of Assembly as an Ancillary Use

Recommendation:

That the Town Council Adopt Ordinance No. 461

7. Adopt Ordinance No. 462 - An Ordinance of the Town Council of the Town of Apple Valley Amending Sections 11.68.020 and 11.68.040 of Chapter 11.68 of Title 11 of the Town of Apple Valley Municipal Code, to Revise the Definition of Smoking to Include Electronic Smoking Devices and to Revise Various Provisions Regarding the Prohibition of Smoking in or Upon Public Facilities and Public Parks of the Town

Recommendation:

That the Town Council Adopt Ordinance No. 462

8. Award Contract for Street Maintenance at Various Locations

Recommendation:

That the Mayor and Town Council accept the bid submitted by Cooley Construction for the Town’s Street Maintenance Services Contract, FY 2014-15, and award a contract for the project to Cooley Construction subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

9. Award Contract for Street Striping Services at Various Locations

Recommendation:

That the Mayor and Town Council accept the bid submitted by Cal-Stripe, Inc. for the Town’s Street Striping Services Contract, FY 2014-15, and award a contract for the project to Cal-Stripe, Inc. subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

10. Approve a Budget Amendment for the Town’s Portion of the Mojave River Watershed Group Expenses

Recommendation:

That the Town Council approve a Budget Amendment to appropriate $11,382 to pay the Town’s portion of expenses incurred by the Mojave River Watershed Group for the 2013/14 fiscal year.

11. Legislation Requiring Local Agencies to Review its Conflict of Interest Code to Comply with the Political Reform Act

Recommendation:

Direct the Town Manager to review its code and submit a notice by October 1, 2014 to the Town Council that either amendments are required or that no amendments are necessary.

12. Review and Approval to Advertise the Rancherias Road Improvements – Project 2012-13

Recommendation:

1. That the Town Council reviews and approves the project plans, specifications, and bid documents for the construction of the Rancherias Road Improvements project.

2. That the Town Council authorizes staff to solicit bids for construction of said project.

13. Change of Ownership, Release of Original Securities, Approved New Agreements and Securities for Tract Map 15286

Recommendation:

That the Town Council approve new securities and agreements, subject to approval as to form by the Town Attorney and as to content by the Town Manager, reflecting 100% security for the remaining improvements yet to be completed. The securities and agreements will remain in place until all public improvements within Tract Map No. 15286 are complete and eligible for the one-year maintenance period to begin.

14. Formation of an Ad-Hoc Committee for the Multi-Species Habitat Conservation Plan

Recommendation:

Ratify the appointment of Scott Nassif and Barb Stanton to form the Ad-Hoc Committee for the Multi-Species Habitat Conservation Plan.

15. Adopt-A-Cat Month Awareness Campaign

Recommendation

1. Direct staff to implement Adopt-A Cat Month during the Month of June.

2. Direct staff to offer cat adoptions at a discounted rate of $20.00 for the month of June.

3. Direct staff to offer cat adoptions with a microchip at a discounted rate of $10.00 for any cat that is already spayed or neutered during the Month of June.

4. Direct staff to offer microchip services for owned cats at a discounted rate of $10.00 per cat during the Month of June.

PUBLIC HEARINGS

16. A Resolution Establishing Sewer User Charges Inclusive of an Increase in an Amount of Three Dollars and Twenty-Four Cents ($3.24) per Equivalent Dwelling Unit per Month and Establishing an Operative Date for Application of the Proposed Increase

Recommendation:

1. Open the public hearing for Resolution No. 2014-18,

2. Determine whether a majority protest exists, and

3. If no majority protest exists, adopt Resolution No. 2014-18, revising the sewer user fees for the use of Town Sewers.

17. Resolution No. 2014-15, A Resolution of the Town Council of the Town of Apple Valley, California, Approving Budget Appropriations and Adopting the Operating and Capital Improvement Budget for all Funds for Fiscal Year 2014-15.

Recommendation:

Adopt Resolution No. 2014-15, A Resolution of the Town Council of the Town of Apple Valley, California, approving a budget appropriation and adopting the budget, including the operating and capital improvement budget for all funds for Fiscal Year 2014-15.

18. Adoption of Fiscal Year 2014-2015 Appropriations Limit

Recommendation:

Adopt Resolution No. 2014-16, A Resolution of the Town Council of the Town of Apple Valley, California, establishing the Fiscal Year 2014-2015 Appropriations Limit for the Town of Apple Valley at $31,824,647 by using the Town’s population growth for the population adjustment and the California per capita income growth for the inflationary adjustment.

19. Review of the FY 2014-2015 Statement of Investment Policy

Recommendation:

Adopt Resolution No. 2014-17 approving the Statement of Investment Policy for Fiscal Year 2014-2015 and delegating the investment activities to the Town Treasurer.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

None.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

CLOSED SESSION

20. Closed Session

A. Conference with Real Property Negotiators (per Government Code Section 54956.8). Property: APN #3087-171-08; Negotiating Parties: Tom Hrubik, Operations Manager, HDC Group, LLC, and Town Negotiator(s): Town Manager and Assistant Town Manager or Designee. Under Negotiation: Negotiations involve both price and terms of payment.

B. Conference with Legal Counsel - Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9) Briggs v. The Town of Apple Valley; San Bernardino Superior Court Case No. CIVVS 1103746.

C. 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.

D. 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 or 14.88% in 2015, $2,056,455 or 8.48% in 2016, and $2,160.731 or 8.19% in 2017.

ADJOURNMENT

MOTION

Time:

TOWN COUNCIL AGENDA

REGULAR MEETING OF 06/10/2014

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