May 30, 2017

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AGENDA

APPLE VALLEY TOWN COUNCIL/APPLE VALLEY
SUCCESSOR AGENCY

MAY 30, 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 Ministries

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:   Greener Way of Life, Joseph Moon, Public Services Manager

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, June 13, 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 – May 9, 2017
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Town-wide Class II Bikeway Upgrade – Project No. 2016-03 Reject All Bids
Recommendation:
1. Reject all bids for the Townwide Class II Bikeway Upgrade -- Project No. 2016-03.

2. Direct staff to reduce the scope of the project.

3. Authorize staff to solicit bids for the revised scope of work.

3. Advertise Navajo Road Rehabilitation – Project No. 2015-01
Recommendation:
1. That the Town Council review and approve the project plans, specifications, and bid documents for the Navajo Road Rehabilitation -- Project No. 2015-01.

2. That the Town Council authorize staff to solicit bids for construction of said project.

4. Adopt Resolution No. 2017-13, A Resolution of the Town Council of the Town of Apple Valley, California, Placing the Hilltop House Property (APN: 3112-181-01) into the Town of Apple Valley Park System and Amending the Master Plan of Parks and Recreation
Recommendation:
That the Town Council adopt the attached Resolution No. 2017-13, a Resolution of the Town Council of The Town of Apple Valley, California, placing the recently purchased Hilltop House property into the Town of Apple Valley Park system and amend the Master Plan of Parks and Recreation to include the property as an asset to the park system.

5. Apple Valley Choice Energy (AVCE) Consultant Services Agreement

Recommendation:
Staff recommends that the Town Council authorize the Town Manager to execute the Consultant Services Agreement contract with Pacific Energy Advisors to provide ongoing consulting services for Apple Valley Choice Energy (AVCE).

6. Apple Valley Village SR 18 Corridor Enhancement Plan – Project No. 2017-02
Recommendation:
1. Adopt Resolution 2017-14, A Resolution of the Town Council of the Town of Apple Valley, California, authorizing Town staff to enter into a contract with Caltrans for the Apple Valley Village SR 18 Corridor Enhancement Plan.

2. Approve Budget Amendment 17-14 amending the 2016-2017 Capital Improvement Projects Budget to include a grant awarded for the subject project.

PUBLIC HEARINGS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL


7. Discussion regarding Modification to the Development Code Regulations for Multi-Family Residential Development
Recommendation:
Discuss and provide direction to staff.

8. Economic Analysis of Water Acquisition Efforts – Dr. Christopher Thornberg, Ph.D., Beacon Economics
Recommendation:
This is a verbal presentation only. There is no action required.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS


None.

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, 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.

ADJOURNMENT