AGENDA

APPLE VALLEY TOWN COUNCIL/APPLE VALLEY
SUCCESSOR AGENCY

JUNE 27, 2017

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:

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

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

OPENING CEREMONIES

INVOCATION:                        Pastor Earl, Victorville Life Church

PLEDGE OF ALLEGIANCE:                   

PRESENTATIONS:               Presentation – Rider Challenge Winners, Ray Simms, Equestrian Committee

                                                            Presentation – Special Presentation given by Chris Nunez, Office of 
                                                            Assemblyman Jay Obernolte

                                                           Presentation – Storm Water Smart Stencil Winners, Christie Collins, Mojave
                                                           River Watershed Group

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 11, 2017 – 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. Special Meeting – June 7, 2017
B. Regular Meeting – June 13, 2017
C. Special Meeting – June 14, 2017
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Adopt Resolution No. 2017-17, 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. 2017-17, a Resolution of the Town Council of The Town of Apple Valley, California, amending the current Classification Plan.

3. Lighting and Landscape Assessment District #1 – Engineer’s Annual Report and Levy of Assessment for FY 2017-2018
Recommendation:
1. Adopt Resolution No. 2017-22, 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. 2017-23, 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 2017-2018.
4. Direct the Town Clerk to publish the Resolution of Intention at least 10 days prior to the date of the public hearing.

4. Claimant – Nora Garcia
Recommendation:
Reject the claim of Nora Garcia.

5. Approval of Budget Amendment No. 2017-16 Approving Certain Budget Adjustments and Adopting Related Appropriations for Fiscal Year 2016-17
Recommendation:
Adopt Budget Amendment No. 2017-16 in the amount of $1,028,000, 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.

PUBLIC HEARINGS

6. Resolution of the Town Council of the Town of Apple Valley, California, Approving Budget Appropriations and Adopting the Operating and Capital Improvement Budget for All Funds for Fiscal Year 2017-2018
Recommendation:
Adopt Resolution No. 2017-18, a Resolution of the Town Council of the Town of Apple Valley, California, approving a budget appropriation and adopting the budget, including the operating and capital improvement budget for all funds for Fiscal Year 2017-2018.

7. Adoption of Fiscal Year 2017-2018 Appropriations Limit
Recommendation:
Adopt Resolution No 2017-19, A Resolution of the Town Council of the Town of Apple Valley, California, establishing the Fiscal Year 2017-2018 Appropriations Limit for the Town at $37,263,089 by using the Town’s population growth for the population adjustment and the California per capita income growth for the inflationary adjustment.

8. Review of the Fiscal Year 2017-2018 Statement of Investment Policy
Recommendation:
Adopt Resolution No. 2017-20 approving the Statement of Investment Policy for Fiscal Year 2017-2018 and delegating the investment activities to the Town Treasurer.

9. A Resolution of the Town Council of the Town of Apple Valley, California, Amending and Establishing Specified Fees for Town Services
Recommendation:
Adopt Resolution No. 2017-21, a Resolution of the Town Council of the Town of Apple Valley, California, amending and establishing specified fees for Town services for Fiscal Year 2017-2018.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

10. Award of Contract for Professional Services for Recruitment and Selection of Town Manager
Recommendation:
That the Town Council select the firm Ralph Andersen & Associates to coordinate the Town Manager recruitment and selection process.

11. Results of Canvass of Election Returns of the Town of Apple Valley Special Municipal Election held June 6, 2017 for Measure F, and Adopt Resolution No. 2017-16 Reciting the Fact of the Election and Such Other Matters Provided by Law
Recommendation:
Adopt Resolution No. 2017-16 reciting the fact of the election and such other matters provided by law for Measure F.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

None.

CLOSED SESSION

12. 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 Real Property Negotiators – Pursuant to Government Code Section 54956.8. Property: Apple Valley Ranchos Water Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); 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.

D. 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.

E. 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.

F. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1704285 – Carrillo Et Al. 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.: CIVDS1704206 – Golden State Environmental Justice Alliance vs. Town of Apple Valley Et Al.

H. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1704262 – Sierra Club vs. Town of Apple Valley Et Al.

I. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluation. Title: Town Manager.

J. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1708307 – Sky Haven Ranch vs. Town of Apple Valley

ADJOURNMENT