APPLE VALLEY TOWN COUNCIL/
FEBRUARY 23, 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.
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)
INVOCATION: Pastor Kristopher Schaal, Life Point Baptist Church
PLEDGE OF ALLEGIANCE:
Update - Special Events and SAVE Campaign, Kathie Martin, Marketing & Public Affairs Officer
Volunteen Certificates of Commendation, Alicia Dannelley, Recreation Coordinator
Update – Economic Development, Orlando Acevedo, Economic Development Manager
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, March 8, 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 – February 9, 2016
Approve the subject minutes as part of the consent agenda.
2. Award Construction Contract for Yucca Loma Road Widening Project
That the Town Council award a contract to Riverside Construction Company, Inc. for the Yucca Loma Road Widening construction services in an amount not to exceed $8,242,430.00.
3. A Resolution of the Town Council of the Town of Apple Valley, California, Authorizing Submittal of Applications to the Department of Resources Recycling and Recovery (CalRecycle) Effective for Five (5) Years
That the Town Council adopt Resolution No. 2016-06, a Resolution of the Town Council of the Town of Apple Valley authorizing the Town Manager to execute Department of Resources Recycling and Recovery (CalRecycle) grants on behalf of the Town of Apple Valley.
4. Fee Waiver Request for St. Mary’s High Desert Fit for Life Challenge 5K/10K Event for the Use of the Civic Center Park/Amphitheater
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $936.00.
5. Extend Interim Urgency Ordinance of the Town Council of the Town of Apple Valley, California, Enacted Pursuant to California Government Code section 65858, Making Findings and Extending a Temporary Moratorium on Cannabis Dispensaries, Cannabis Manufacturers and the Cultivation and Delivery of Cannabis Pending the Completion of Studies and the Preparation of an Update to the Town’s Municipal and Zoning Codes
Staff recommends that the Town Council take the following Actions:
A. Receive a report on efforts to study the issue of medical marijuana in the Town currently and expected usage in the Town in the future; and
B. Adopt, by 4/5 vote:
An Interim Urgency Ordinance of the Town Council of the Town of Apple Valley, California, enacted pursuant to California Government Code section 65858 extending for a period of ten (10) months and fifteen (15) days the temporary moratorium on cannabis dispensaries, cannabis manufacturers and the cultivation and delivery of cannabis pending the completion of studies and the preparation of an update to the Town’s Municipal and Zoning Codes
REPORTS, REQUESTS AND COMMUNICATIONS
BUSINESS OF THE COUNCIL
6. Fiscal Year 2015-2016 Mid-Year Budget Review
1. That the Town Council receive and file the Fiscal Year 2015-2016 Mid-Year Budget Review Report.
2. Approve Budget Amendment Number 16-14
7. Introduce Ordinance No. 484, An Ordinance of the Town Council of the Town of Apple Valley, California, Amending Chapter 12.20, Entitled “Special Speed Limits” of Title 12 of the Town of Apple Valley Municipal Code
1. Move to waive the reading of Ordinance No. 484 in its entirety and read by title only (Requires a unanimous vote).
2. Move to Introduce No. 484, ”An Ordinance of the Town Council of the Town of Apple Valley, California, amending Chapter 12.20, entitled “Special Speed Limits” of Title 12 of the Town of Apple Valley Municipal Code.” (Requires a roll call vote).
TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE
DEPARTMENTAL REPORTS AND BUSINESS
8. 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, Application 15-07-009 - (Filed July 2, 2015). In the matter of Joint Application of Charter Communications, Inc.; Charter Fiberlink CA-CCO, LLC (U6878C); Time Warner Cable Inc.; Time Warner Cable Information Services (California), LLC (U6874C); Advance/Newhouse Partnership; Bright House Networks, LLC; and Bright House Networks Information Services (California), LLC (U6955C) Pursuant to California Public Utilities Code Section 854 for Expedited Approval of the Transfer of Control of both Time Warner Cable Information Services (California), LLC (U6874C) and Bright House Networks Information Services (California), LLC (U6955C) to Charter Communications, Inc., and for Expedited Approval of a pro forma transfer of control of Charter Fiberlink CA-CCO, LLC (U6878C).
I. Personnel Matters - Government Code Section 54957/Public Employee Performance Evaluation. Title: Town Manager