July 11, 2017

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AGENDA

APPLE VALLEY TOWN COUNCIL/
PUBLIC FINANCING AUTHORITY/
SUCCESSOR AGENCY

JULY 11, 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 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 Kristopher Schaal, Life Point Baptist Church

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

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 25, 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 – June 27, 2017
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Treasurer’s Report – May 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 May 2017 Treasurer’s Report.

3. June 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.

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

5. Award a Purchase Agreement to Haaker for Street Sweeper
Recommendation:
1) Award a purchase contract to Haaker Equipment Company for the purchase of a street sweeper in the amount of $286,333.74.
2) Approve Budget Amendment Number 2018-01.

6. Acceptance of Work, Notice of Completion and Release of Retention for the Yucca Loma Road Street and Striping Improvements — Project 2016-01
Recommendation:
That the Town Council:
1. Accept the work completed as part of the Yucca Loma Road Street and Striping Improvements – Project 2016-01, for a total cost of $430,863.38.
2. Direct the Town Clerk to file the Notice of Completion for the contract work.
3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

7. 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.

PUBLIC HEARINGS

8. Resolution 2017-24, to Record Delinquent Animal Control Fees, Utility Fees and Costs and Code Enforcement Fees Against Real Property Located in the Town of Apple Valley and Directing that said Assessments Constitute a Lien Upon Said Properties

Recommendation:
That the Town Council:
1. Open Public Hearing;
2. Adopt Resolution No. 2017-24, confirming delinquent animal control, utility and code enforcement fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties;
3. Close Public Hearing.

RECESS MEETING OF THE APPLE VALLEY TOWN COUNCIL AND
CONVENE AS THE APPLE VALLEY PUBLIC FINANCING AUTHORITY

SEE APPLE VALLEY PUBLIC FINANCING AUTHORITY AGENDA DATED JULY 11, 2017

ADJOURN MEETING OF THE APPLE VALLEY PUBLIC FINANCING
AUTHORITY AND RECONVENE AS THE APPLE VALLEY TOWN COUNCIL


9. Resolution Approving the Refunding of The Apple Valley Public Finance Authority Lease Revenue Bonds (Town Hall Annex Project) 2007 Series A and Financing the Cost of Acquiring Certain Vehicles And Authorizing and Directing Certain Actions with Respect Thereto

Recommendation:
That the Town Council:
1) Conduct the public hearing under the requirements of the Internal Revenue Code of 1986, as amended (the “Code”).
2) Adopt Resolution Number 2017-25 of the Town of Apple Valley approving the form and authorizing the execution of certain lease financing documents in connection with the refunding of the Apple Valley Public Finance Authority Lease Revenue Bonds (Town Hall Annex Project) 2007 Series A and financing the cost of acquiring certain vehicles and authorizing and directing certain actions with respect thereto.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL


10. Approval of Interim Town Manager Employment Contract for Lori Lamson
Recommendation:
That the Town Council approve the interim Town Manager employment contract for Lori Lamson.

11. Update on the Status of the Hilltop House
Recommendation:
Authorize staff to develop an Outdoor Environmental Education Facilities Grant Application and resolution to be adopted at a future Town Council Meeting; and, provide direction to staff on the formation on an Ad Hoc Committee for the Hilltop House.

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