August 08, 2017

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

AUGUST 08, 2017

REGULAR SESSION BEGINS AT 6:30 P.M.

PLEASE SILENCE CELL PHONES 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 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 Teem Bishop _____,
Mayor Nassif _____.

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

OPENING CEREMONIES

INVOCATION:              Pastor Steve Colangelo, Lucerne Bible Fellowship

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:     Special Recognition to Gina Schwin-Whiteside, Director of Animal Services – Chris 
                                                  Nunez, Field Representative, Office of Assemblyman Jay Obernolte

                                                 Special Recognition to Community Leader

                                                 Presentation of Check to CDBG Sub-recipients, Orlando Acevedo, Assistant
                                                 Director, Economic Development & Housing

                                                 Victor Valley Transit Authority – Introduction of Bus Route 42 in the Town of Apple 
                                                 Valley.     

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, August 22, 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. Regular Meeting – July 25, 2017
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. July 2017 Commercial Warrants and Wire Transfer Schedules
Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

3. July 2017 Payroll / Benefits Warrants Schedule
Recommendation:
That the Town Council receive, ratify and file the Payroll / Benefits Warrants as presented.

4. Application to San Bernardino County Transportation Authority (SBCTA) for Local Transportation Funds – Article 8 – Other Purpose Claim
Recommendation:
Authorize the Assistant Town Manager - Finance & Administration to apply for Local Transportation Funds – Article 8 – Other Purpose Claim in the amount of $1,162,391 for Fiscal Year 2016-17.

5. Application to San Bernardino County Transportation Authority (SBCTA) for Local Transporation Funds – Article 8 – Other Purpose Claim

Recommendation:
Authorize the Assistant Town Manager - Finance & Administration to apply for Local Transportation Funds – Article 8 – Other Purpose Claim in the amount of $1,119,311 for Fiscal Year 2017-18.

6. Claimant – Jennifer Mannino

Recommendation:
Reject the claim of Jennifer Mannino.

7. Claimant – David Simpson
Recommendation:
Reject the claim of David Simpson.

8. Professional Services Agreement for Housing Consultant
Recommendation:
That the Town Council approve a Professional Services Agreement for a consultant to provide administrative support in the Housing Division.

9. Award Phase III for the Rehabilitation and Widening of the Bear Valley Road Bridge over the Mojave River

Recommendation:
That the Town Council continue the contract with Dokken Engineering for engineering services for the Bear Valley Road Bridge over Mojave River Rehabilitation and Widening Services, Phase III in an amount not to exceed $1,097,986.84, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

10. Change of Ownership; Approve New Agreements and Securities for Tract Map 16134, North of Mana Road, West of Aniwa Road

Recommendation:
Approve new securities and agreements for the one-year maintenance period for the completed street improvements for Tract Map 16134, subject to approval as to form by the Town Attorney and as to content by the Town Manager.

PUBLIC HEARINGS

11. Public Hearing on Proposed Renewal and Boundary Modification of Apple Valley Village Property and Business Improvement District and Levy of Assessments
Recommendation:
That the Town Council:

1. Open the public hearing and receive any outstanding ballots.
2. Close the public hearing.
3. Recess to allow the Town Clerk’s Office to tabulate the ballots.
4. If a weighted majority of the ballots are in support of the renewal of the district, adopt Resolution 2017-28 renewing and modifying the boundaries of the PBID and levying assessments in the PBID for property tax years 2017-18 through 2021-22.

CONTINUED FROM JUNE 13, 2017
12. Appeal of the Intent to Revoke Business License #00013688 Issued to Bright Futures Academy, LLC.
Recommendation:
Continue the item until the February 13, 2018 meeting of the Town Council on the condition that Bright Futures Academy provides a monthly status report on its remediation efforts to the Town Manager, with a copy to the Town Attorney, beginning September 1, 2017 and continuing on the first of each month until February 1, 2018. In addition, all correspondence and reports from the State investigation shall also be forwarded to the Town Manager within a reasonable timeframe.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL


13. ADOPT Resolution No. 2017-27, A Resolution Approving the Town of Apple Valley’s Local Agency Management Program
Recommendation:
That the Town Council adopt Resolution No. 2017-27 approving the Town of Apple Valley’s Local Agency Management Program.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS


None.

CLOSED SESSION

14. 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 54957Consider Public Employee Appointment/Employment: 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.

K. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, CPUC Application No. 17-04-024 - In the Matter of the Application of Mesa-Crest Water Company (U333W) and Liberty Utilities (Park Water) Corp. (U314W) for an Order Authorizing Mesa-Crest Water Company to Sell and Liberty Utilities (Park Water) Corp. to Purchase the Utility Assets of Mesa-Crest Water Company.

ADJOURNMENT