October 28, 2014

Print

AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

OCTOBER 28, 2014

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:

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:    Minister James Campbell, JC Enterprise

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Presentation – Award check to Mr. Richard Nino, Burrtec Waste Industries, in the amount of $500.00.

Presentation - California Writers Club Proclamation, Kathie Martin, Marketing and Public Affairs Officer

Presentation of Employee of the Quarter to Heather Wylie, Housing and Community Development Specialist I

Presentation – Hispanic Chamber of Commerce, Eric Camarena

Presentation – Apple Valley Legacy Group, Steve Richard and Donald Tatera

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, November 18, 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. Joint Special Meeting – August 14, 2014

B. Regular Meeting – September 23, 2014

C. Special Meeting – October 20, 2014

Recommendation:

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

2. Claimant – Rene Hamel

Recommendation:

Reject the claim of Rene Hamel.

3. Accept the Final Map for Tract Map No. 17494

Recommendation:

1. Adopt Resolution No. 2014-38, a Resolution of the Town Council of the Town of Apple Valley, California, initiating proceedings for an annexation of territory into the Apple Valley Landscaping and Lighting Assessment District No. 1.

2. Receive and approve the Engineer's Report as filed or as amended Note: The Engineer’s Report has already been filed and is included as part of this agenda item for the Council’s review and approval.

3. Receive and approve the Landowner’s consent.

4. Adopt Resolution No. 2014-39, a Resolution of the Town Council of the Town of Apple Valley, California, declaring its intention to annex territory into the Apple Valley Lighting and Landscaping Assessment District No. 1, ordering improvements, and to levy and collect assessments pursuant to the Lighting and Landscaping Act of 1972.

5. Move to approve the final map, securities, and agreements for Tract Map No. 17494.

4. Review and Approval to Advertise the Deep Creek Road Overlay – Project No. 2014-03

Recommendation:

1. That the Town Council review and approve the project plans, specifications, and bid

documents for the Deep Creek Road Overlay – Project No. 2014-03.

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

5. Measure I, Five Year Plan

Recommendation:

1. That the Town Council Approve FY 2014/2015 through 2018/2019 Measure I, Five Year Plan.

2. Adopt Resolution No. 2014-36, A Resolution of the Town Council of the Town of Apple Valley, California, Adopting the Measure I, Five Year Capital Improvement Program.

6. August 2014 Commercial Warrants Schedule

Recommendation:

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

7. August 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 August 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 August 2014 Treasurer’s Report.

9. Treasurer’s Report – Month of September 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 September 2014 Treasurer’s Report.

10. Carryover of Appropriations from FY 2013-14 to FY 2014-15

Recommendation:

That the Town Council:

1. Adopt Resolution No. 2014-40, approving the carryover of certain appropriations totaling $1,297,182 from fiscal year 2013-14 to fiscal year 2014-15.

2. Approve Budget Adjustment 2015-06, to reflect the necessary changes to the FY 2014-15 Budget (Various Funds).

11. Adopt Ordinance No. 465 – An Ordinance of the Town Council of the Town of Apple Valley Pertaining to Allowing Light Industrial Uses in Vacant Commercial Buildings Greater Than 40,000 Square Feet in General Commercial (C-G) Zone

Recommendation:

Adopt Ordinance No. 465.

12. Amendment to Grant Agreement with the County of San Bernardino for Preservation and Operation of the Victor Valley Museum

Recommendation:

1. That the Town Council approve an increase in the amount of $10,000.00 for a total of $25,000.00 in annual financial support provided to the Victor Valley Museum in partnership with the San Bernardino County Museum.

2. That the Town Council approve Budget Amendment BA 15-05 in the amount of $10,000.00 increasing the appropriation for annual financial support for the Victor Valley Museum to $25,000.00 (General Fund).

13. Agreement for Information System Services with Top Notch Networking

Recommendation:

Approve a three (3) year service agreement between Top Notch Networking and the Town of Apple Valley in an amount not to exceed $225,000.00 per fiscal year.

PUBLIC HEARINGS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

14. Public Hearing No. 1 (Consolidated Plan – 2015-2016 Fourth Year Action Plan) – Establishing Date and Time Certain

Recommendation:

That the Town Council establish November 18, 2014, at 6:30 p.m., as the date and time certain, for the purpose of conducting the first of two (2) Community Development Block Grant (CDBG) and HOME Investment Partnerships Programs (HOME) public hearings necessary to develop the Town’s Consolidated Plan - Fourth Year Action Plan for FY 2015-2016.

15. Adopt Resolution No. 2014-37, A Resolution of the Town Council of the Town of Apple Valley, California, Approving and Authorizing Revision to the Town of Apple Valley Emergency Operations Plan (EOP) dated November 1, 2014

Recommendation:

Adopt Resolution No. 2014-37, A Resolution of the Town Council of the Town of Apple Valley, California, approving and authorizing revisions to the Town of Apple Valley Emergency Operations Plan (“EOP”) dated November 1, 2014.

16. Adopt Resolutions Number 2014-41 And 2014-42 Authorizing The Town Of Apple Valley To Apply For State And Federal Grant Funding For Property Acquisition Grants

Recommendation:

That the Town Council adopt Resolution Numbers 2014-41 and 2014-42 authorizing the Town to apply for State and Federal Grant funding for the acquisition of a 20.75 acre parcel, APN 3112-181-01-0000, south of Highway 18 between Dale Evans Parkway and Standing Rock Avenue.

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

MOTION

Time:

TOWN COUNCIL AGENDA

REGULAR MEETING OF 10/28/2014

Page 5 of 6

Page 1 of 6