December 8, 2015

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

DECEMBER 8, 2015

REGULAR SESSION 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 SESSION

CALL TO ORDER THE REGULAR SESSION OF THE TOWN COUNCIL MEETING – 6:30 p.m.

ROLL CALL

COUNCIL MEMBERS:

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 Royce Besserra, Church for Whosoever

PLEDGE OF ALLEGIANCE:

MAYOR’S YOUTH LEADERSHIP SUMMIT – MOCK COUNCIL PRESENTATION

1. Get a Job – Shop Local Campaign
Recommendation:
That the Town Council approve an expenditure of up to $1000.00 to fund a Shop Local Campaign Project.

2. Selection of Mayor and Mayor Pro Tempore
Recommendation:
(1) Council to select one of its number as Mayor; and
(2) Council to select one of its number as Mayor Pro Tempore.

RECESS FOR REORGANIZATION

PRESENTATIONS:

Mayor’s Plaque – Mayor Cusack for his term as Mayor on the Town Council for the period December 2014 to December 2015.

Green Spirit Award, Joseph Moon, Environmental & Transit Services 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, January 12, 2016 – Council Chambers
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.

3. Approval of Minutes of the Town Council
A. Regular Meeting – November 10, 2015
B. Special Meeting – November 17, 2015
Recommendation:
Approve the subject minutes as part of the consent agenda.

4. October 2015 Commercial Warrants Schedule

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

5. October 2015 Payroll/Benefits Warrants Schedule

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

6. Treasurer’s Report – October 2015 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 Town Council receive and file the October 2015 Treasurer’s Report.

7. Adopt Ordinance No. 478 - An Ordinance of the Town Council of the Town of Apple Valley Adding Title 10 Entitled “Public Utilities” and Adding a new Chapter 10.01 Entitled “Wastewater Services” to the Town of Apple Valley Municipal Code
Recommendation:
That the Town Council adopt Ordinance No. 478.

8. Approve a Memorandum of Understanding with San Bernardino County Flood Control District for the Mojave Riverwalk South – Project No. 2015-08
Recommendation:
Approve the Memorandum of Understanding (MOU) between the San Bernardino County Flood Control District and the Town of Apple Valley for the construction of multi-use trails within the District’s easements.

9. Review and Approve Bid Documents for the Yucca Loma Road Widening Project – Project No. 2015-02
Recommendation:
1. That the Town Council review and approve the bid documents for the Yucca Loma Road Widening – Project No. 2015-02;
2. That the Town Council authorize staff to advertise and solicit bids for construction of said project.

10. Authorize Letter of Support for the Victor Valley Wastewater Reclamation Authority Advanced Water and Energy Project
Recommendation:
That the Town Council authorize a Letter of Support for the Victor Valley Wastewater Reclamation Authority Advanced Water and Energy Project.

11. Adopt Resolution No. 2015-48 - A Resolution of the Town Council of the Town of Apple Valley, California, in Support of a Transportation Infrastructure Funding Plan Utilizing Existing Resources

Recommendation:
That the Town Council adopt Resolution No. 2015-48 supporting a plan to fund transportation infrastructure utilizing existing resources.

12. Award Professional Services Agreement to Conco Construction for Albertsons/Apple Valley Inn Accessible Pathway Improvements - Project No. 2015-07
Recommendation:
Award a Professional Services Agreement to Conco Construction in the amount of $27,153.00 for the Albertsons/Apple Valley Inn Accessible Pathway Improvements – Project No. 2015-07 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

13. Authorization to Execute a Restricted Grant Agreement with the California Department of Transportation for the Apple Valley Safe Routes to School Master Plan – Project No. 2015-05
Recommendation:
Authorize the Mayor to execute the Sustainable Communities Grants (State) Restricted Grant Agreement between the Town of Apple Valley and the State of California Department of Transportation (Caltrans), subject to Town Council review and approval as to form, in substantially the form attached to this staff report.

14. Approval to Advertise Ramona Road Widening and Rancho Verde Elementary School Safe Routes to School - Project No. 2014-04
Recommendation:
1. That the Town Council review and approve the project plans, specifications, and bid documents for the Ramona Road Widening and Rancho Verde Elementary School Safe Routes to School – Project No. 2014-04.
2. That the Town Council authorize staff to solicit bids for construction of said project.

15. Adopt Resolution No. 2015-46, A Resolution of the Town Council of the Town of Apple Valley, California, Amending the Classification Plan for the Town of Apple Valley
Recommendation:
That the Town Council adopt the attached Resolution No. 2015-46, a Resolution of the Town Council of The Town of Apple Valley, California, amending the current Classification Plan.

16. Adopt Resolution No. 2015-47, A Resolution of the Town Council of the Town of Apple Valley, California, Amending the Personnel Policy and Procedure Manual for the Town of Apple Valley

Recommendation:
That the Town Council adopt the attached Resolution No. 2015–47, a Resolution of the Town Council of The Town of Apple Valley amending the Personnel Policy and Procedure Manual for the Town of Apple Valley.

PUBLIC HEARINGS

17. Public Hearing #1 – Public Input for 2016-2017, Fifth Year Action Plan
Recommendation:
1. Open public hearing;
2. Take public comments;
3. Close public input and commentary; and
4. Close public hearing.

18. A Request to Consider an Amendment to Title 9 "Development Code" of the Town of Apple Valley Municipal Code by Amending Chapter 9.75 "Water Conservation/Landscaping Regulations" to Comply with the State of California Code of Regulations Title 23, Division 2, Chapter 2.7 "Model Water Efficient Landscape Ordinance" and to Add Landscaping Standards Applicable to Single-Family, Infill Development

Recommendation:
Move to open the public hearing and take testimony. Close the public hearing. Then:
1. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Code Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.

2. Find the facts presented within the staff report support the required Findings for approval of an amendment to the Development Code, and adopt the Findings.

3. Find that the proposed Town Council Ordinance is consistent with the Goals and Objectives of the adopted Town of Apple Valley General Plan and that it is necessary to preserve the health, safety and general welfare of the citizens of Apple Valley.

4. Move to waive the reading of Ordinance No. 479 in its entirety and read by title only.

5. Introduce Ordinance No. 479, revising Title 9 "Development Code" of the Town of Apple Valley Municipal Code by amending Chapter 9.75 "Water Conservation/Landscaping Regulations" to comply with the State of California Code of Regulations Title 23, Division 2, Chapter 2.7 "Model Water Efficient Landscape Ordinance" and to add landscaping standards applicable to single-family, infill development.

6. Direct staff to file a Notice of Exemption.

19. FY 2015-16 Enhancing Law Enforcement Activities Subaccount (ELEAS – COPS Grant)

Recommendation:
That the Town Council:

1. Conduct the required public hearing, and

2. Adopt the attached Resolution No. 2015-45 accepting the COPS grant in the amount of $111,599.00 and authorize the allocation of the FY 2015-16 Enhancing Law Enforcement Activities Subaccount (ELEAS) to supplement the juvenile officer position.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

None.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

None.

CLOSED SESSION

20. 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. 14-01-002, 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 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.

E. Conference with Real Property Negotiators – Pursuant to Government Code Section 54956.8. Property: Apple Valley Ranchos Water Company; Authority Negotiator: Town Manager; Negotiating Parties: Chris Schilling, Chief Executive Officer, Park Water Company, The Carlyle Group, Carlyle Infrastructure Partners, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation: Price and Terms of Payment.

F. 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.

G. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1506833 - Town of Apple Valley, Et Al -V- Gudmundsen.

H. Negotiations with Real Property Negotiator – Parcel Number: 3112-251-13, Apple Valley; Negotiating Parties: Jian Torkan or other interested parties; Town Negotiator(s) -Town Manager. Negotiations involve both price and terms.

ADJOURNMENT