December 12, 2017

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

DECEMBER 12, 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 Tem Bishop _____, Mayor Nassif _____.

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

OPENING CEREMONIES

INVOCATION:                                    Mr. Wally Linn, Apple Valley Optimus Club

PLEDGE OF ALLEGIANCE:  

MAYOR’S YOUTH LEADERSHIP SUMMIT – MOCK COUNCIL PRESENTATION

 1.    Swim Lessons for Low Income/At – Risk Youth
Recommendation:
That the Town Council approve an expenditure of up to $1,000.00 to fund Swim Lessons for Low Income/At-Risk Youth    Project. 

Recognition: Certificate of Appreciation - MYLS School Participation Recognition of MYLS Sponsors

REORGANIZATION

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

(2) Council to select one of its number as Mayor Pro Tempore.              

RECESS FOR REORGANIZATION

PRESENTATIONS:  

Mayor’s Plaque – Mayor Nassif for his term as Mayor on  the Town Council for the period December  2016 to December 2017.

Presentation – Citizen Satisfaction Survey Results,  Timothy Mc Larney, Ph.D.

Presentation – California Water Fix, Tom Mc Carthy

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 9, 2018 – 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.

3.    Approval of Minutes of the Town Council

A.    Regular Meeting – November 14, 2017
B.    Regular Meeting – November 28, 2017

Recommendation:
Approve the subject minutes as part of the consent agenda.

4.    November 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.

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

6.    Treasurer’s Report – October 2017 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 October 2017 Treasurer’s Report.

7.    Declare Surplus and Authorize Disposal of Computer Equipment
Recommendation:
Approve and declare the list of computer equipment as surplus, authorizing Information Systems to dispose of said items  through a variety of methods including resale agent, charitable donations, and  recycling through Town of Apple Valley   
Household Hazardous Waste Program.

8.   ADOPT Resolution No. 2017-37, A Resolution of the Town Council of the  Town of Apple Valley, California, approving an  Escheat Policy for   Unclaimed Funds
Recommendation:
That Town Council adopts Resolution No. 2017-37 approving an Escheat  Policy regarding the handling of unclaimed checks.

9.    ADOPT Resolution No. 2017-38, A Resolution of the Town Council of the Town of Apple Valley, California, Amending the 
Classification and   Salary Plan for the Town of Apple Valley

Recommendation:
That the Town Council adopt the attached Resolution No. 2017-38,  a Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary plan.  

10.  Disaster Service Worker Memorandum of Understanding between the Town  of Apple Valley and Apple Valley Fire Protection District
Recommendation:
That the Town Council ratify the Disaster Service Worker (DSW) Memorandum of Understanding (MOU) between the Town of Apple Valley and Apple Valley Fire Protection District.

11. Claimant – Lola Monica Espinoza
Recommendation:
Reject the claim of Lola Monica Espinoza.

PUBLIC HEARINGS

12.  A Resolution of The Town Council of the Town of Apple Valley, California, Approving Conditional Use Permit No. 2017-004  and Adopting a Negative Declaration in Accordance with the California Environmental Quality Act
Recommendation:
Move to open the public hearing and take testimony.

Close the public hearing. 

Adopt Town Council Resolution No. 2017-36, which: (1) approves CUP   No. 2017-004 (St. Mary’s Medical Center Helipad); and (2) adopts a Negative Declaration.

13.  Public Hearing for Establishment of Priority Needs for Annual HUD Action Plan
Recommendation:
A. Open public hearing;

B. Receive public comments;

C. Consider comments for inclusion as priority needs;

D. Close public hearing.

E. Approve the following list of federal funding priorities to be used as a guide by the Community Development Citizens Advisory Committee (CDCAC) in their recommendations to the Town Council for the 2018-19 Second Year Action  Plan.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

14.   Request by Belco Development to Allow Overhead Power Lines
Recommendation:
Direct staff to allow for the installation of overhead power lines   to the future Apple Valley Gateway commercial center on Dale Evans Parkway, from Morro Road north to Willow Springs Road.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS

Town Manager Report

* Town Manager may call upon employees during this time to give updates on Town programs, projects and/or legislative update.

 CLOSED SESSION

15.   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.    Personnel Matters - Government Code Section 54957 - Public Employee Performance Evaluation:  Title: Town Manager.

G.    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.

H.    Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, CPUC Application No. 16-09-001 - In the Matter of the Application of Southern California Edison Company (U338E) for Authority to Increase its Authorized Revenues for Electric Service in 2018, among other things, and to Reflect that increase in Rates.

ADJOURNMENT