April 8, 2014

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AGENDA

APPLE VALLEY TOWN COUNCIL/ SUCCESSOR AGENCY

APRIL 8, 2014

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 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 Josh Gerbracht, First Assembly of God, Apple Valley, CA

PLEDGE OF ALLEGIANCE:

PRESENTATION:

Presentation – American Legion – Presented to the Town Council – Mr. Kenneth B’Road

Proclamation – Donate Life – Presented to Ms. Lena Russell

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, April 22, 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 – March 25, 2014

Recommendation:

Approve the subject minutes as part of the consent agenda.

2. February 2014 - Commercial Warrants Schedule

Recommendation:

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

3. February 2014 - Payroll/Benefits Warrants Schedule

Recommendation:

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

4. Treasurer’s Report – February 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 February 2014 Treasurer’s Report.

5. One (1) Year Time Extension of the Development Agreement with Neighborhood Housing Services of the Inland Empire (NHSIE) for the Acquisition, Rehabilitation and Resale of Foreclosed Single-Family Homes

Recommendation:

That the Town Council approve a one (1) year time extension of the Development Agreement with Neighborhood Housing Services of the Inland Empire (NHSIE) for the Acquisition, Rehabilitation and Resale of foreclosed single family homes utilizing Neighborhood Stabilization Program 3 (NSP3) and program funding as identified in the Town’s Five Year Consolidated Plan 2010-2011. The new expiration date will be April 17, 2015.

6. Award Contract for Professional Engineering and Design Services for the Town Wide Class 2 Bike Lane Upgrade Project

Recommendation:

1. Award a contract to Hall & Foreman, Inc. for Professional Engineering and Design Services in the amount of $55,500, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

2. Authorize the Town Manager to utilize the remaining $4,500 in the project’s budget to cover the cost of any other unforeseen incidentals relating to the completion of this phase of the project.

7. Award Contract for Professional Engineering and Design Services for the Dale Evans Parkway Realignment Project

Recommendation:

Award a contract to Hall & Foreman, Inc. for Professional Engineering and Design Services in the Amount of $79,500, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

8. Adopt Resolution No. 2014-10 - A Resolution Setting the Time and Place for a Public Hearing on Sewer User Charge Increases and Providing Direction to Staff to Proceed with the Special Notice Proceeding as Required by Law

Recommendation:

That the Town Council adopt Resolution No. 2014-10 stating its intention to hold a Public Hearing on May 27, 2014 to increase sewer user charges and direct staff to proceed with the special notice as required by law.

PUBLIC HEARINGS

9. Introduce Ordinance No. 460 – An Ordinance of the Town Council of the Town of Apple Valley amending Chapter 5.02 Business Regulations of the Apple Valley Municipal Code

Recommendation:

1. Find that the proposed adoption of Ordinance No. 460 is not subject to and is Exempt from CEQA, based upon findings under CEQA Guidelines, Section 15061 Sub (b)(3) that can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.

2. Move to waive the reading of Ordinance No. 460 in its entirety and read by title only.

3. Move to Introduce Ordinance No. 460 amending Chapter 5.02 Business Regulations

4. Direct Staff to File a Notice of Exemption.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

CLOSED SESSION

10. Closed Session

A. Negotiations with Real Property Negotiator. Property located at APN 0473-451-11; Negotiating Parties: Desert Mountain Plaza Property; Town Negotiator(s): Town Engineer or Designee. Negotiations involve both price and terms of payment.

B. Negotiations with Real Property Negotiator. Property located at APN 0473-461-08; Negotiating Parties: Alaska USA Federal Credit Union; Town Negotiator(s): Town Engineer or Designee. Negotiations involve both price and terms of payment.

C. Negotiations with Real Property Negotiator. Property located at APN 0473-461-07; Negotiating Parties: National Guard Armory; Town Negotiator(s): Town Engineer or Designee. Negotiations involve both price and terms of payment.

D. Negotiations with Real Property Negotiator. Property located at APN 0473-152-01; Negotiating Parties: The Southland Corporation (7-11); Town Negotiator(s): Town Engineer or Designee. Negotiations involve both price and terms of payment.

E. Negotiations with Real Property Negotiator. Property located at APN 0473-151-16; Negotiating Parties: Apple Valley Gateway Property (El Pollo Loco); Town Negotiator(s): Town Engineer or Designee. Negotiations involve both price and terms of payment.

F. 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 Apple Valley Ranchos Water Company (U346W) for Authority to Increase Rates Charges for Water Service by $3,127,463 or 14.88% in 2015, $2,056,455 or 8.48% in 2016, and $2,160.731 or 8.19% in 2017.

ADJOURNMENT

MOTION

Time:

TOWN COUNCIL AGENDA

REGULAR MEETING OF 04/08//2014

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