September 26, 2017

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AGENDA

APPLE VALLEY TOWN COUNCIL/APPLE VALLEY
SUCCESSOR AGENCY

SEPTEMBER 26, 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:                                Bishop Ebmeyer, Church of Jesus Christ Latter Day Saints

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:                         None.

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, October 10, 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 – August 22, 2017
Recommendation:
Approve the subject minutes as part of the consent agenda.

2. Adopt Ordinance No. 493 - An Ordinance of the Town Council of the Town of Apple Valley, California, Amending the Apple Valley Municipal Code, Title 8, By Adding Chapter 8.39, Setting forth Procedures for Expediting the Permitting of Electric Vehicle Charging Systems
Recommendation:
Adopt Ordinance No. 493.

3. Treasurer’s Report – June 2017 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Course Fund
Recommendation:
That the Town Council receive and file the June 2017 Treasurer’s Report.

4. Treasurer’s Report – July 2017 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Course Fund
Recommendation:
That the Town Council receive and file the July 2017 Treasurer’s Report.

5. Proposal to Continue Enhanced Security Program in the Village Property and Business Improvement District (PBID)
Recommendation:
Approve the San Bernardino County Sheriff’s Department’s Proposal to Continue the Enhanced Security Program in the Village Property and Business Improvement District (PBID)

6. August 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.

7. August 2017 Payroll / Benefits Warrants Schedule
Recommendation:
That the Town Council receive, ratify and file the Payroll / Benefits Warrants as presented.

8. Award Contract for Landscape Maintenance Services at Various Locations – Project No. PW2017-01
Recommendation:
Award a contract to Lawnmaster for the Landscape Maintenance Services for Apple Valley Lighting and Landscaping Assessment District #1 and Various Locations, FY 2017-2018, Project No. PW2017-01, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

9. Award a Purchase Contract to Haaker Equipment Company for the Purchase of a Patch Truck
Recommendation:
Award a purchase contract to Haaker Equipment Company for the purchase of a patch truck in the amount of $174,986.00.

10. Accept the Grant Funds from CalRecycle, 2017-18 Tire-Derived Product Grant Program and Approve Budget Amendment
Recommendation:
That the Town Council accept the CalRecycle, 2017-18 Tire-Derived Product Grant Program Funding in the amount of $140,520.00, adopt the attached grant agreement, and adopt the attached budget amendment (BA# 18-02).

11. Advertise Signal Modification at Westmont Drive – Project No. 2017-02

Recommendation:
1. That the Town Council review and approve the project plans, specifications, and bid documents for the Signal Modification at Westmont Drive -- Project No. 2017-02.

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

12. Award Townwide Class II Bikeway Upgrade – Project No. 2016-03

Recommendation:
Award a contract to All American Asphalt for the Townwide Class II Bikeway Upgrade - Project No. 2016-03 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

13. Authorization to Award Professional Services Agreement for the Bear Valley Road Commercial Corridor Signal Operation Study – Project No. 2017-03
Recommendation:
Award a Professional Services Agreement to Advantec Consulting Engineers for the Bear Valley Road Commercial Corridor Signal Operaton Study - Project No. 2017-03 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

14. Authorization to Execute a Restricted Grant Agreement with the California Department of Transportation for the Apple Valley Village State Route 18 Corridor Enhancement Plan - Project No. 2017-03
Recommendation:
Authorize the Mayor to execute the Restricted Grant Agreement between the Town of Apple Valley and the State of California Department of Transportation (Caltrans), subject to Town Counsel review and approval as to form, in substantially the form attached to this staff report.

15. Adopt Resolution No. 2017-31, A Resolution of the Town Council of the Town of Apple Valley, California, Approving the Application for Outdoor Environmental Facilities Grant Funds
Recommendation:
That the Town Council adopt Resolution 2017-31, approving the Application for Outdoor Environmental Education Facilities Grant Funds for the Apple Valley Legacy Trail Project.

PUBLIC HEARINGS


None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL


16. Senate Bill (SB1) Road Maintenance and Rehabilitation Account (RMRA) Project List Approval and Budget Amendment

Recommendation:
1. Approve the attached street list for inclusion in this year’s budget for maintenance.

2. That the Town Council approve the budget amendment to include additional transportation funds, specifically SB1 funds, to be utilized this fiscal year to repair/maintain the attached list of streets.

17. Adopt Budget Amendment No. 2018-04 Appropriating Homeland Security Grant Funds and Law Enforcement Facilities Funds for the Purchase of Security Cameras for Physical Protective Measures
Recommendation:
It is recommended that the Town Council;
1. Approve receipt of the Homeland Security Grant funding in the amount of $25,426 and adopt Budget Amendment Number 2018-04 appropriating the grant funding and $11,000 in additional funding from the Law Enforcement Facilities Fund; and,

2. Authorize the Town Manager and/or Assistant Town Manager to execute the agreement with the Homeland Security Grant Program through the Governor’s Office of Emergency Services to distribute the funds to Convergint Technologies for purchase of a security camera system at the Police Building; and,
3. Authorize the Town Manager and/or Assistant Town Manager to execute the agreement with Convergint Technologies in the amount of $10,980 for the purchase of five additional cameras not funded by the HSG grant.

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


18. 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 54957Consider 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.

ADJOURNMENT