March 27, 2018

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

MARCH 27, 2018

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: 

Emick_____, Nassif _____, Stanton _____, Mayor Pro Tem Cusack _____, Mayor Bishop _____.

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

OPENING CEREMONIES

INVOCATION:       Pastor Kit, Life Point Baptist Church

PLEDGE OF ALLEGIANCE:  

INTRODUCTION:     Captain Manny Mendoza, San Bernardino County Sheriff’s Department

PRESENTATIONS:   

     League of California Cities, Women’s Caucus - Women of Persistence Recognition and Award

     Apple Valley Library Update, Susan Drake, County of San Bernardino

     SHOCK Program Presentation, Derrick Griego, Deputy, Apple Valley Sheriff’s Department

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, April 10, 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.

1.    Approval of Minutes of the Town Council

      A.    Regular Meeting – March 13, 2018

Recommendation:

Approve the subject minutes as part of the consent agenda.

2.    Adopt Ordinance No. 500, an Ordinance of the Town Council of the Town of Apple Valley, California Amending the Zoning Designation of 356 Parcels From Multi-Family Residential (R-M) to Single-Family Residential (R-SF)

Recommendation:

Adopt Ordinance No. 500.

3.    Set Second Public Hearing Date for 2017-2021 Consolidated Plan and 2018-2019 Second Year Action Plan

Recommendation:

That the Town Council establish April 24, 2018 at 6:30 p.m., as the date and time certain for the purpose of conducting the second of two (2) public hearings necessary to adopt the Town’s 2017-2021 Consolidated Plan/ 2018-2019 Second Year Action Plan.

4.    Award a Professional Services Agreement to KOA for the Apple Valley South Safe Routes to School – Project No. 2018-02

Recommendation:

Award a Professional Services Agreement to KOA Corporation for the Apple Valley South Safe Routes to School - Project No. 2018-02 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

5.    Claimant – Michael A. Stark

Recommendation:

Reject the claim of Michael A. Stark.

6.    2017 Hazard Mitigation Plan Update

Recommendation:

That the Town Council adopt Resolution No. 2018-09, adopting the 2017 Apple Valley Local Hazard Mitigation Plan update.

7.    Adopt Resolution No. 2018-08, A Resolution of the Town Council of the Town of Apple Valley Approving a Memorandum of Understanding (MOU) Between the Town of Apple Valley and Providence St. Joseph Health St. Mary Medical Center Regarding its Participation in the Public Health Services Act 340B Program.

Recommendation:

That the Town Council adopt Resolution No. 2018-08, A Resolution of the Town Council of the Town of Apple Valley Approving a Memorandum of Understanding (MOU) Between the Town of Apple Valley and Providence St. Joseph Health St. Mary Medical Center Regarding its Participation in the Public Health Services Act 340B Program; Authorizing the Town Manager to Execute Said MOU on Behalf of the Town and to Undertake Such Tasks and Execute Such Documents as May be Required to Implement the Terms of Said MOU; and Setting Forth Other Details Related Thereto.

PUBLIC HEARINGS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

8.    2017/2018 Budget Recommendations

Recommendation:

To provide direction to staff on the implementation of the budget cuts as recommended by the Town Manager.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

Town Manager Report:

DEPARTMENTAL REPORTS AND BUSINESS

CLOSED SESSION

9.    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, 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.

G. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1725027 – Christina Lopez-Burton v. Town of Apple Valley.

H. Negotiations with Real Property Negotiator – Parcel Number:  3112-251-13, Apple Valley; Negotiating Parties: Interested parties; Town Negotiator(s) -Town Manager.  Negotiations involve both price and terms.

I. Negotiations with Real Property Negotiator – Parcel Number: 3112-181-03 Apple Valley; Negotiating Parties: Don Brown; Town Negotiator(s) -Town Manager. Negotiations involve both price and terms.

J. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1601999 – Town of Apple Valley vs. Jess Ranch Development, Et Al.

ADJOURNMENT