June 28, 2016

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

JUNE 28, 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 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:               Pastor Cheryl Denny, Apple Valley Faith Center

PLEDGE OF ALLEGIANCE:


PRESENTATIONS:       High Desert Cannabis Association – Mr. Manny Serrano

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, July 12, 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 – June 14, 2016
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Ocotillo Way Overlay Project – Town Of Apple Valley/ San Bernardino County Cooperative Agreement
Recommendation:
Approve and sign the attached Cooperative Agreement with the County of San Bernardino for the Ocotillo Way Overlay Project.

3. Lighting and Landscape Assessment District #1 – Engineer’s Annual Report and Levy of Assessment for FY 2016-2017
Recommendation:
1. Adopt Resolution No. 2016-18, a Resolution of the Town Council of the Town of Apple Valley Directing the Filing of the Annual Report for the Town of Apple Valley Landscaping and Lighting Assessment District.

2. Receive and approve the engineer's report as filed, or as amended.

3. Adopt Resolution No. 2016-19, a Resolution of the Town Council of the Town of Apple Valley Declaring its Intention to Order Improvements and to Levy and Collect Assessments for Fiscal Year 2016-2017.

4. Direct the Town Clerk to publish the Resolution of Intention at least ten (10) days prior to the date of the public hearing.

4. Purchase of Air Conditioner for Apple Valley Golf Course
Recommendation:
That the Town Council authorize the Town Manager to approve the purchase of a chiller (air conditioner) from Dean Howard Heat & Air, Inc. in the amount of $68,180.

5. Approval of Budget Amendment No. 2016-29 Approving Certain Budget Adjustments and Adopting Related Appropriations for Fiscal Year 2015-16

Recommendation:
Adopt Budget Amendment No. 2016-29 in the amount of $564,000, amending estimated revenues and approved budget appropriations by like amounts, for modifications and adjustments to the operating and capital improvement budget for all funds as noted at year-end.

6. Oppose Unless Amended Letter – AB 45 (Mullin): Household Hazardous Waste
Recommendation:
That the Town Council authorize an “Oppose Unless Amended” Letter for AB 45 (Mullin): Household Hazardous Waste.

7. Clear the Shelter Month – July 2016
Recommendation:
That the Town Council authorize the Director of Animal Services to approve discounts in adoption fees, microchips, return-to-owner fees, and spay/neuter vouchers when donations have been secured to offset the discounts without impacting the operating budget of the Department.

PUBLIC HEARINGS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL


8. Verification of Sufficiency of Signatures for an Initiative Measure Proposing that the Issuance of Public Debt in Excess of $10 Million be Subjected to Voter Approval
Recommendation:
1. Receive, file and accept Certificate of Sufficiency of Initiative Petition issued by Town Clerk on June 21, 2016.

2. Direct Town Staff to prepare a report on the Proposed Initiative Measure for presentation to the Town Council at its July 26, 2916 meeting.

9. Consideration of At-Large versus By-District Election System
Recommendation:
1. Direct staff to initiate a process to consider the pros and cons of changing the Town’s current at-large election system possibly to a by-district election system;

2. Authorize the Town Manager to execute an agreement with National Demographics Corporation to provide demographic assistance to the Town Council in considering this matter; and

3. Authorize the Town Manager to execute an agreement with Remcho, Johansen & Purcell, LLP to provide legal advice regarding the Town’s legal alternatives.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS


None.

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.: 5:16-cv-01278-DTB – John Doe vs. Town of Apple Valley Et Al.

ADJOURNMENT



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