July 25, 2017

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AGENDA

APPLE VALLEY TOWN COUNCIL/APPLE VALLEY
SUCCESSOR AGENCY

JULY 25, 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:                                      Minister James Campbell, JC Enterprises

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:                             Special Recognitions

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 8, 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 11, 2017
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Award Navajo Road Rehabilitation – Project No. 2015-01
Recommendation:
Award a contract to All American Asphalt for the Navajo Road Rehabilitation -- Project No. 2015-01 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

3. Professional Services Agreement for Solution Strategies to Provide Funding for the Completion of the Multi-Species Habitat Conservation Plan/Natural Communities Conservation Plan
Recommendation:
Award the attached Professional Services Agreement for Solution Strategies, Inc. for $353,000 to fund the completion of the Multi-Species Habitat Conservation Plan/Natural Communities Conservation Plan.

4. Professional Services Contract for 5 BARS to Conduct a Wireless Telecommunication Master Plan and Marketing Plan for Town Owned Property
Recommendation:
Award the attached Professional Services Agreement to 5 Bars Communities a dba of XG Communities, LLC to provide professional services to the Town, pertaining to the development of a Master Plan for the location of wireless telecommunication facilities on Town owned property and market 3rd party wireless telecommunication providers to enter into a contract to locate and provide revenue to the Town.

PUBLIC HEARINGS

5. Lighting and Landscape Assessment District #1 – Engineer’s Annual Report and Levy of Assessment for FY 2017-2018
Recommendation:
1. Conduct the public hearing
2. Adopt Resolution No. 2017-26, “A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2017-2018”.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL


6. Voting Ballot on Proposed Renewal of Apple Valley Village Property and Business Improvement District (PBID)
Recommendation:
That the Town Council approve the ballot in support of the renewal and boundary modification of the Apple Valley Village Property and Business Improvement District (PBID), as owner of certain properties located in the proposed PBID, and authorize the Town Manager to sign on behalf of the Town.

7. Discussion of the Regulations for Cul-De-Sacs in the Multi-Use Trail Standards
Recommendation:
Receive and file report and provide direction to staff if the issue should be forwarded to the Equestrian Committee or the Planning Commission for further review and recommendation.

8. Nominees to the Town of Apple Valley – Hilltop Ad Hoc Committee
Recommendation:
That each Council Member nominate one individual to the Hilltop House Ad Hoc Committee.
Council Member Cusack to nominate: ___________
Council Member Emick to nominate: ___________
Council Member Stanton to nominate: ___________
Mayor Pro Tem Bishop to nominate: ___________
Mayor Nassif to nominate: ___________

9. Selection of Town Council Voting Delegate and Voting Alternate to League of California Cities’ 2017 Annual Conference
Recommendation:
Nominate one Council Member as voting delegate and two (2) Council Members as voting alternates representing the Town of Apple Valley at the League of California Cities’ 2017 Annual Conference.

10. Discussion of Cancellation of Town Council Meetings of September 12, 2017 and October 10, 2017
Recommendation:
Provide direction to staff.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS


None.

CLOSED SESSION

11. 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