November 14, 2017

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

NOVEMBER 14, 2017

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:

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:                          Pastor Paul Earl, Victory Life Church

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Employee of the Quarter – Town of Apple Valley, Tashina Miniszewski, Senior Office Assistant

Employee of the Quarter – Town of Apple Valley Sheriff’s Department – Clay Lacey, Deputy Sheriff

Making a Difference Recognition – Mr. and Mrs. Silveroli, Apple Valley Glass

Certificate of Recognition – Jonathan Cosico, Eagle Scout Project, Refurbishment of the Welcome to Apple Valley
Historical Sign

SHOCK Program Overview – Deputy Sheriff Derek Griego

Presentation - Traffic Patrol Program - Lt. Ades, San Bernardino County Sheriff’s Department

Update on the Apple Valley Branch Library, Mr. Terry Thompson and Mr. Michael Jimenez, San Bernardino County

Presentation – Property Assessed Clean Energy (PACE) Program, Dustin Reilich

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, December 12, 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 – October 24, 2017
B. Special Meeting – November 2, 2017
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. October 2017 Commercial Warrants and Wire Transfer Schedules
Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

3. October 2017 Payroll / Benefits Warrants Schedule

Recommendation:
That the Town Council receive, ratify and file the Payroll / Benefits Warrants as presented.

4. Claimant - Anna Shaw, Survivor of Kirpal Singh Dhaliwal
Recommendation:
Reject the claim of Anna Shaw, survivor of Kirpal Singh Dhaliwal.

5. Acceptance of Work, Notice of Completion and Release of Retention for the Yucca Loma Road Widening – Project 2015-02

Recommendation:
That the Town Council:
A. Accept the work completed as part of the Yucca Loma Road Widening – Project 2015-02, for a total cost of $8,399,022.76 (eight million, three hundred ninety-nine thousand, twenty-two dollars and seventy-six cents).
B. Direct the Town Clerk to file the Notice of Completion for the contract work.
C. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

6. Adopt Ordinance No. 494, An Ordinance of the Town Council of the Town of Apple Valley, California, Re-Authorizing Ordinance No. 475 and Amending Title 5, Chapter 5.06 regarding the Fee Paid to the Town by State Video Franchise Holders to Support Public, Educational, and Government Access (“PEG”) Purposes
Recommendation:
Adopt Ordinance No. 494

7. Award Contract for Signal Modification at Westmont Drive – Project No. 2017-02
Recommendation:
Award a contract to PTM General Engineering Services, Inc. for the Signal Modification at Westmont Drive - Project No. 2017-02 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

8. Set First Public Hearing for 2018-19 Second Year Action Plan

Recommendation:
That the Town Council set December 12, 2017, at 6:30 p.m., as the date and time for conducting the first of two public hearings related to the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs to develop the Town’s 2018-19 Second Year Action Plan in conformance with the 2017-21 Consolidated Plan.

9. Optimist Club Request to Locate American Flags Along Both Sides of the Outer Highway 18 from Navajo Road to the East, to Town Limits on the West
Recommendation:
Approve request and direct staff to work with the Optimist Club to find appropriate locations to place flags along the Outer Highway 18 from Navajo Road to the westerly Town limit.

10. Claimant – Phillip Joseph Amador
Recommendation:
Reject the claim of Phillip Joseph Amador

11. Adopt Resolution No. 2017-34, A Resolution of the Town Council of the Town of Apple Valley, California, Setting the Time and Place for a Public Hearing on Sewer User Charge Increases and Providing Direction to Staff to Proceed with the Special Notice Proceeding as Required by Law
Recommendation:
That the Town Council adopt Resolution No. 2017-34 stating its intention to hold a Public Hearing on January 9, 2018 to increase sewer user charges and direct staff to proceed with the special notice as required by law.

12. Measure I, 5-Year Plan

Recommendation:
A. That the Town Council Approve FY 2017/2018 through 2021/2022 Measure I, 5-year plan
B. Adopt Resolution No. 2017-35, A Resolution of the Town Council of the Town of Apple Valley, California, Adopting the Measure I, 5-Year Capital Improvement Program

13. FY 2018/2019 Capital Project Needs Analysis
Recommendation:
That the Town Council Approve FY 2018/2019 Capital Project Needs for the Town of Apple Valley for the Measure I, Major Local Highways Program.

PUBLIC HEARINGS


14. Hotel Transient Occupancy Tax Reimbursement Agreement
Recommendation:
Direct the Town Manager to finalize negotiations and execute the Transient Occupancy Tax Reimbursement Agreement with Desai Family Trust, a hotel development and operating entity.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL


None.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS


Town Manager Report
* Town Manager may call upon employees during this time to give updates on Town programs, projects and/or legislative update.

CLOSED SESSION

15. 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. Personnel Matters - Government Code Section 54957 - Consider Public Employee Appointment/Employment: Title: Town Manager.

G. 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.

H. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.: CIVDS1714692 - Town of Apple Valley Et Al vs. Barron Wilson Et Al.

I. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, CPUC Application No. 16-09-001 - In the Matter of the Application of Southern California Edison Company (U338E) for Authority to Increase its Authorized Revenues for Electric Service in 2018, among other things, and to Reflect that increase in Rates.

ADJOURNMENT