August 9, 2016

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

AUGUST 9, 2016

REGULAR SESSION BEGINS AT 6:30 P.M.


PLEASE SILENCE CELL PHONES AND PAGERS UPON ENTERING THE CHAMBER

The meeting will occur in the Council Chamber 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 Chamber. 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 if desired, 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 chamber 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

COUNCIL MEMBERS:

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

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

OPENING CEREMONIES

INVOCATION: Minister James Campbell, JC Enterprises

PLEDGE OF ALLEGIANCE:

PRESENTATIONS: Fire District Ballot Measure, Fire Chief Sid Hultquist

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, September 13, 2016 – Council Chamber
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 – July 26, 2016
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. June 2016 - Commercial Warrants Schedule
Recommendation:
That the Town Council receive, ratify and file the Commercial Warrants Schedule as presented.

3. June 2016 Payroll / Benefits Warrants Schedule
Recommendation:
That the Town Council receive, ratify and file the Payroll / Benefits Warrants as presented.

4. Award the Bid for the Purchase and Installation of a Prefabricated Restroom Building for Thunderbird Park
Recommendation:
Award the bid for purchase and installation of a prefabricated restroom building for Thunderbird Park from CXT Incorporated in the no too exceed amount of $68,621.33.

5. Establishing Date and Time Certain for Public Hearing for Affirmatively Furthering Fair Housing (AFFH) Plan
Recommendation:
That the Town Council establish September 27, 2016 at 6:30 p.m., as the date and time certain for the purpose of conducting a public hearing necessary to develop the Town’s Affirmatively Furthering Fair Housing Plan in preparation for the 2017-2021 Consolidated Plan.

6. Fiscal Year 2016-17 Budget of the Apple Valley Village Property and Business Improvement District (PBID) Association
Recommendation:
That the Town Council approve the Fiscal Year 2016-17 Budget of the Apple Valley Village Property and Business Improvement District Association (Association).

7. ADOPT Resolution No. 2016-26, a Resolution of the Town Council of the Town of Apple Valley, California, Approving the Levy and Collection of Assessments for Fiscal Year 2016-17 within the Apple Valley Village Property and Business Improvement District (PBID)
Recommendation:
That the Town Council adopt Resolution No. 2016-26, approving the Levy and Collection of Assessments for Fiscal Year 2016-17 within the Apple Valley Village Property and Business Improvement District (PBID).
  
PUBLIC HEARINGS


8. A Request to Introduce Ordinance No. 486, An Ordinance of the Town Council of the Town of Apple Valley, California, Establishing a Community Choice Aggregation Program  
Recommendation:
1. Move to waive the reading of Ordinance No. 486 in its entirety and read by title only.

2. Introduce Ordinance No. 486 adopting the Apple Valley Choice Energy (AVCE)Implementation Plan and Statement of Intent.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL


9. Discussion on Private Roads
Recommendation:
Receive and file.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS


None.

ADDENDUM TO AGENDA

TOWN COUNCIL CONSENT AGENDA

7A.  Fee Waiver Request for Kiwanis Club of Apple Valley for September 10, 2016 for use of the Recreation Center and the Civic Center Amphitheater

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $1,358.74.

 
CLOSED SESSION

10. 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 or more potential cases.

C. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case Name:  Application No. 14-11-013 Joint Application of Liberty Utilities Co., Liberty WWH, Inc., Western Water Holdings, LLC, Park Water Company (U314W), and Apple Valley Ranchos Water Company (U346W) for Authority for Liberty Utilities Co. to Acquire and Control Park Water Company and Apple Valley Ranchos Water Company. 

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: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation: Price and Terms of Payment.

E. Negotiations with Real Property Negotiator – Parcel Number: 3112- 181-01 located at Highway 18, between Dale Evans Parkway & Rancherias Road, Apple Valley; Negotiating Parties: 360 Apple West, LLC; Town Negotiator(s) - Town Manager. Negotiations involve both price and terms.

F. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.:  CIVDS1517935 - Apple Valley Ranchos Water Company vs. Town of Apple Valley Et Al.

G. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.

H. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No. CIVDS160498 – Christina Lopez – Burton vs. Town of Apple Valley.


ADJOURNMENT