APPLE VALLEY TOWN COUNCIL/
NOVEMBER 10, 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: Reverend Michael Coffee, Community Church at Jess Ranch
PLEDGE OF ALLEGIANCE:
Certificate of Appointment – Community Development Citizens Advisory Committee – Mr. Eddie Dean
Town of Apple Valley Special Recognitions
Victor Valley Bicycle Tour Review – Mayor Pro Tem Stanton/Committee Member Thurston “Smitty” Smith
Presentation - Prescription Drug Addiction, Council Member Emick
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. Special Meeting – Tuesday, November 17, 2015 – Council Chambers at 5:30 p.m.
B. Regular Meeting – Tuesday, December 8, 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 – October 27, 2015
Approve the subject minutes as part of the consent agenda.
2. September 2015 Commercial Warrants Schedule
That the Town Council receive, ratify, and file the Commercial Warrants Schedule as presented.
3. September 2015 Payroll/Benefits Warrants Schedule
That the Town Council receive, ratify, and file the Payroll/Benefits Warrants as presented.
4. Treasurer’s Report – September 2015 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Course Fund
That Town Council receive and file the September 2015 Treasurer’s Report.
5. Adopt Resolution No. 2015-41, a Resolution of the Town Council of the Town of Apple Valley Supporting the California Minerals, Off-Road Recreation and Conservation Act
That the Town Council adopt the attached Resolution No 2015-41, a Resolution of the Town of Apple Valley in support of The California Minerals, Off-Road Recreation and Conservation Act.
6. Change of Ownership, Release of Original Securities, Approve New Agreements and Securities for Parcel Map No. 18893
That the Town Council approve new securities and agreements, subject to approval as to form by the Town Attorney and as to content by the Town Manager, reflecting 100% security for the remaining improvements yet to be completed. The securities and agreements will remain in place until all public improvements within Parcel Map No. 18893 are complete and eligible for the one (1) year maintenance period to begin.
7. Set Date for Public Hearing No. 1 (Consolidated Plan – 2016-2017 Fifth-Year Action Plan)– Establishing Date and Time Certain
That the Town Council establish December 8, 2015 at 6:30 p.m., as the date and time certain for the purpose of conducting the first of two (2) Community Development Block Grant (CDBG) and HOME Investment Partnerships Programs (HOME) public hearings necessary to develop the Town’s Consolidated Plan - Fifth Year Action Plan for FY 2016-2017.
8. Adopt Resolution No. 2015-40, a Resolution of the Town Council of the Town of Apple Valley Amending the Classification Plan for the Town of Apple Valley
That the Town Council adopt the attached Resolution No. 2015-40, a Resolution of the Town Council of The Town of Apple Valley amending the current Classification Plan.
9. Adopt Ordinance No. 477, An Ordinance of the Town of Apple Valley Amending the Zoning Map by Changing the Zoning Designations from R-E ( 1 DU Per 1 To 2.5 Gross Acres) to General Commercial (C-G) Located at 21482 Yucca Loma Road; APN: 3112-482-13
Adopt Ordinance No. 477.
10. Amendment No. 1 to Cooperative Agreement 14-144 for Services Necessary to Manage and Construct the Existing Sewer Testing Station and Appurtenances to be Relocated as Part of the Yates Road Improvement Project
That the Town Council approves Amendment No. 1 to Cooperative Agreement 14-144.
11. Introduce Ordinance No. 478, An Ordinance of the Town Council of the Town of Apple Valley Adding Title 10 Entitled “Public Utilities” and Adding a New Chapter 10.01 Entitled “Wastewater Services”, to the Town of Apple Valley Municipal Code
1. Move to waive the reading of Ordinance No. 478 in its entirety and read by title only.
2. Move to introduce Ordinance No. 478, adding Title 10 entitled “Public Utilities” and adding a new Chapter 10.01 entitled “Wastewater Services”, to the Town of Apple Valley Municipal Code.
REPORTS, REQUESTS AND COMMUNICATIONS
BUSINESS OF THE COUNCIL
TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE
DEPARTMENTAL REPORTS AND BUSINESS
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 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: Chris Schilling, Chief Executive Officer, Park Water Company, The Carlyle Group, Carlyle Infrastructure Partners, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; 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: 360 Apple West, LLC; Town Negotiator(s) -Town Manager. Negotiations involve both price and terms.
ADDENDUM TO THE AGENDA:
G. Negotiations with Real Property Negotiator – Parcel Numbers: 0399-251-01, 0399-261-01 and 02, located south of Bear Valley Road and west of Jess Ranch Road. Negotiating Parties: Gary Ledford, et.al; Town Negotiator(s) -Town Manager and/or his Designee. Negotiations involve both price and terms.