APPLE VALLEY TOWN COUNCIL/
JUNE 9, 2015
REGULAR SESSION BEGINS AT 6:30 P.M.
PLEASE SILENCE CELL PHONES AND PAGERS UPON ENTERING THE CHAMBERS
The meeting will occur in the Council Chambers 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 Chambers. 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 chambers 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 _____, Emick _____, Nassif _____, Mayor Pro Tem Stanton _____, Mayor Cusack _____.
(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)
INVOCATION: Pastor Mark Michaels, Sonlife Community Church
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, June 23, 2015 – Council Chambers
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 – May 26, 2015
B. Special Meeting – May 28, 2015
Approve the subject minutes as part of the consent agenda.
2. April 2015 Commercial Warrants Schedule
That the Town Council receive, ratify, and file the Commercial Warrants Schedule as presented.
3. April 2015 Payroll/Benefits Warrants Schedule
That the Town Council receive, ratify and file the Payroll/Benefits Warrants as presented.
4. FY 2015-16 Budget of the Apple Valley Village Property and Business Improvement District (PBID) Association
That the Town Council Approve the Fiscal Year 2015-16 Budget of the Apple Valley Village Property and Business Improvement District Association (Association).
5. Adopt Resolution No. 2015-17, A Resolution of the Town Council of the Town of Apple Valley, to Establish a Public Entity Under the Joint Exercise Powers Act to Replace the Existing Victor Valley Transit Authority (VVTA)
Adopt Resolution No. 2015-17, approving the Joint Powers Agreement (JPA) between the County of San Bernardino, the Town of Apple Valley and the cities of Adelanto, Barstow, Hesperia and Victorville, establishing the Victor Valley Transit Authority (VVTA).
6. Lighting and Landscape Assessment District #1 – Engineer’s Annual Report and Levy of Assessment for FY 2015-2016
1. Adopt Resolution No. 2015-18, a Resolution of the Town Council of the Town of Apple Valley Directing the Filing of the Annual Report for the Town of Apple Valley Landscaping and Lighting Assessment District.
2. Receive and approve the engineer's report as filed, or as amended.
3. Adopt Resolution No. 2015-19, a Resolution of the Town Council of the Town of Apple Valley Declaring its Intention to Order Improvements and to Levy and Collect Assessments for Fiscal Year 2015-2016.
4. Direct the Town Clerk to publish the Resolution of Intention at least 10 days prior to the date of the public hearing.
7. Powhatan Road Street Improvement - Project No. 2015-03
Award a contract to TSR Construction & Inspection in the amount of $284,400.00 for the Powhatan Road Street Improvement—Project No. 2015-03 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
8. A Resolution of the Town Council of the Town of Apple Valley, California, Amending and Establishing Specified Fees for Town Services
Adopt Resolution No. 2015-15, a Resolution of the Town Council of the Town of Apple Valley, California, amending and establishing specified fees for Town services for Fiscal Year 2015-2016.
9. Resolution of the Town Council of the Town of Apple Valley, California, Approving Budget Appropriations and Adopting the Operating and Capital Improvement Budget for all Funds for Fiscal Year 2015-2016
Adopt Resolution No. 2015-12 of the Town Council of the Town of Apple Valley, California, approving a budget appropriation and adopting the budget, including the Operating and Capital Improvement Budget for all funds for Fiscal Year 2015-2016.
10. Adoption of Fiscal Year 2015-2016 Appropriations Limit
Adopt Resolution No. 2015-13 of the Town Council of the Town of Apple Valley, California, establishing the Fiscal Year 2015-2016 Appropriations Limit for the Town at $33,370,752 by using the Town’s population growth for the population adjustment and the California per capita income growth for the inflationary adjustment.
11. Review of the Fiscal Year 2015-2016 Statement of Investment Policy
Adopt Resolution No. 2015-16 approving the Statement of Investment Policy for Fiscal Year 2015-2016 and delegating the investment activities to the Town Treasurer.
REPORTS, REQUESTS AND COMMUNICATIONS
BUSINESS OF THE COUNCIL
12. Owner Participation Agreement for a 1.3 Million Square Foot Distribution Center Project in the North Apple Valley Industrial Specific Plan Area
That the Town Council: 1) Approve an Owner Participation Agreement (OPA) between the Town of Apple Valley and AVDC, LLC, for the development of a 1.3 Million Square Foot Distribution Center Project, and authorize the Mayor, Town Manager and Town Attorney to execute said Agreement; and, 2) Adopt Budget Amendment Request No. 2015-34 to appropriate funding from the NAVISP Infrastructure Fund to said Project.
13. Development Constraints on Sub-Standard Commercial Lots
Direct staff to initiate a Development Code Amendment.
14. Discussion Regarding the Equestrian Advisory Committee Regarding any Modifications to the Role and Type of Committee
Discuss and provide direction to staff.
Approval of a Moratorium on Enforcement of Municipal code Section 6.30.030(F)(5)(a) and of Conditions and Standards on Commercial Properties in the Town of Apple Valley Requiring Property Owners to Maintain Adequate Irrigation.
TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE
DEPARTMENTAL REPORTS AND BUSINESS:
16. 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 potential case.
C. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case Name: Application No. 14-01-002, In the Matter of the Application of Park Water Company-Apple Valley Ranchos Water Company Water System (U346W) for Authority to Increase Rate Charges for Water Service by $3,127,463.00 or 14.88% in 2015, $2,056,455.00 or 8.48% in 2016, and $2,160,731.00 or 8.19% in 2017.
D. 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.
E. Conference with Real Property Negotiators – Pursuant to Government Code Section 54956.8. Property: Apple Valley Ranchos Water Company; Authority Negotiator: Town Manager; Negotiating Parties: Park Water Company, The Carlyle Group, Carlyle Infrastructure Partners, Western Water Holdings LLC; Under Negotiation: Price and terms of Payment.
F. Negotiations with Real Property Negotiator – Parcel Number: 3112-181-01 located at Highway 18, between Dale Evans Parkway & Standing Rock, Apple Valley; Negotiating Parties: Property Owner; Town Negotiator(s) -Town Manager. Negotiations involve both price and terms.
G. Negotiations with Real Property Negotiator – Parcel Number: 3112-251-13, Apple Valley; Negotiating Parties: Jian Torkan or other interested parties; Town Negotiator(s) -Town Manager. Negotiations involve both price and terms.