November 18, 2014

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AGENDA

APPLE VALLEY TOWN COUNCIL/ SUCCESSOR AGENCY

NOVEMBER 18, 2014

ADJOURNED 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 ADJOURNED 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 Steve Colangelo, Lucerne Valley Bible Fellowship

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Community Calendar Contest Winners, Charlene Engeron, Public Relations Specialist

Volunteer Recognition Presentation, Alicia Dannelley, Recreation Coordinator

Apple Valley Ranchos Water Company (AVRWC) Quarterly Report, Tony Penna, General Manager

PUBLIC COMMENTS

APPLE VALLEY CHAMBER OF COMMERCE – QUARTERLY BUSINESS RETENTION UPDATE

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, December 9, 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 – October 28, 2014

Recommendation:

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

2. High Desert Regional Energy Leader Partnership Program Agreement and Resolution

Recommendation:

That the Town Council adopt Resolution No. 2014-43, a resolution declaring support for an Energy Partnership between Southern California Edison and the City of Adelanto, Town of Apple Valley, City of Barstow, City of Hesperia and City of Victorville, to be known as “High Desert Regional Energy Leader Partnership”.

3. Claimant – Victor Valley Transit Authority

Recommendation:

Reject the claim of Victor Valley Transit Authority.

4. Claimant – Babette Dershem

Recommendation:

Reject the claim of Babette Dershem.

5. September 2014 - Commercial Warrants Schedule

Recommendation:

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

6. September 2014 - Payroll/Benefits Warrants Schedule

Recommendation:

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

7. Yucca Loma Bridge Contract Amendment #10 of the Yucca Loma Bridge/Yates Road/Green Tree Boulevard Project Contract Agreement, in the amount of $404,000.00 for Additional Design, Right-of-Way Services, and Construction Support.

Recommendation:

Approve the Yucca Loma Bridge Project Contract Amendment # 10 with Dokken Engineering, the project’s design contractor, in the Not-to-Exceed the amount of $404,000.00, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

8.Yucca Loma Bridge Construction Management Services Contract Amendment #1 of the Yucca Loma Bridge/Yates Road Contract Agreement, in the amount of $1,009,661.26, to expand the Services to include Yucca Loma Road Widening and Drainage Improvements.

Recommendation:

Approve the Yucca Loma Bridge Construction Management Services Contract Amendment #1 with Parsons, the project’s Construction Management Contractor, in the not-to-exceed amount of $1,009,661.26, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

9. Resolution No. 2014-44 of the Town Council of the Town of Apple Valley, California, Amending Resolution No. 2009-50, Amending the Conflict of Interest Code Pursuant to the Political Reform Act by Reference to the Standard Conflict of Interest Code Set Forth in Section 18730 of the Regulations of the Fair Political Practices Commission as Amended

Recommendation:

That the Town Council adopt Resolution No. 2014-44.

10. Approve Resolution 2014-46, Approving A Five Year Professional Services Agreement With Sierra Golf Management, Inc. To Provide Management Services At the Apple Valley Golf Course

Recommendation:

Approve Resolution 2014-46, A Resolution to Approve an Amended and Restated Five (5) Year Professional Services Agreement between the Town of Apple Valley (Town) and Sierra Golf Management, Inc. (SGM) to provide Golf Course Management Services at the Apple Valley Golf Course (AVGC), and authorize the Town Manager to execute the Contract Agreement, Subject to Approval by the Town Attorney as to form and the Town Manager as to content.

11. Amendment to the Agreement to Provide Animal Sheltering Services for the County of San Bernardino

Recommendation:

1. Direct staff to finalize the details of the Amendment to the Agreement to provide Animal Sheltering Services for the County of San Bernardino.

2. Authorize staff to execute the finalized Agreement to provide Animal Sheltering Services for the County of San Bernardino, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

12. AVAS Adopt-A-Pet Extravaganza

Recommendation:

Authorize staff to temporarily reduce pet adoption fees by 40% from November 19 through December 23, 2014 for the AVAS Adopt-a-Pet Extravaganza program and work with local businesses to sponsor additional incentives and free pet products that will be included with each adoption/rescue.

13. Award Contract for Appraisal Services to Hayward Consulting Group

Recommendation:

That Council authorize the Town Manager to execute the finalized Agreement with Hayward Consulting Group to provide Appraisal Services to advise the Town on issues related to the business valuation of Apple Valley Ranchos Water Company.

PUBLIC HEARINGS

14. Public Hearing #1 – Public Input for 2015-2016, 4th Year Action Plan

Recommendation:

A. Open public hearing.

B. Take public comments.

C. Close public input and commentary.

D. Close public hearing.

15. FY 2014-15 Supplemental Law Enforcement Services Funds (SLESF – COPS GRANT)

Recommendation:

It is recommended that the Town Council:

1. Conduct the required public hearing; and

2. Adopt the attached Resolution No. 2014-45 accepting the COPS grant in the amount of

$111,737.00 and authorize the allocation of the FY 2014-15 Supplemental Law

Enforcement Services Funds (SLESF) to supplement the Juvenile Officer positions.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

16. A Discussion of the Recently Adopted 2013 Climate Action Plan Update

Recommendation:

Receive and file, or provide further direction to staff.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

CLOSED SESSION

17. 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