April 10, 2012

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

APRIL 10, 2012

CLOSED SESSION BEGINS AT 5:00 P.M.

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 Section 2.04.030 of the Town of Apple Valley Municipal Code 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 CLOSED SESSION

CALL TO ORDER

ROLL CALL

COUNCILMEMBERS: 

Emick_____, Nassif_____, Roelle_____, Mayor Pro Tem Coleman_____, Mayor Stanton_____.

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

PUBLIC COMMENTS


CLOSED SESSION

1. Closed Session

A. Conference With Legal Counsel - Existing Litigation (Subdivision (A) Of Section 54956.9) Holtz Construction v. The Town of Apple Valley; Robertson’s Ready Mix, Inc. (Case no. CIVVS 1101079).

B. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluations. Title: Town Attorney

TOWN COUNCIL REGULAR SESSION

CALL TO ORDER THE REGULAR SESSION OF THE TOWN COUNCIL MEETING – 6:30 p.m. 

ROLL CALL

COUNCILMEMBERS: 

Emick_____, Nassif_____, Roelle_____, Mayor Pro Tem Coleman_____, Mayor Stanton_____.

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

OPENING CEREMONIES

INVOCATION:      Pastor Royce Beserra, Church for Whosoever

PLEDGE OF ALLEGIANCE: 

PRESENTATIONS: 

Proclamation - Child Abuse Prevention Month presented to Madeline Rodriguez representing Children’s Network

Certificate of Appreciation presented to Lovella Sullivan, Equestrian Committee

PUBLIC COMMENTS

COUNCILMEMBER COMMENTS AND COMMITTEE/COMMISSION PARTICIPATION

Boards, Committees and Commissions

TOWN COUNCIL ANNOUNCEMENTS

Suggested items for next agenda:
Time, Date & Place for Next Town Council Regular or Special Meeting:
A. Regular Meeting – Tuesday, April 24, 2012 – Council Chambers
Closed Session at 5:00 p.m.
 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.

2. Approval of Minutes of the Town Council
    A. Regular Meeting – March 27, 2012
Recommendation:
Approve the subject minutes as part of the consent agenda.

3. February 2012 Commercial Warrants Schedule
Recommendation:
That the Town Council receive, ratify, and file the Commercial Warrants Schedule as presented.

4. Payroll/Benefits Warrants Schedule – Month of February 2012
Recommendation:
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.

5. Treasurer’s Report – Month of February 2012 and Schedule of Revenues, Expenditures and Changes in Fund Balance for the Parks & Recreation Fund and the Apple Valley Golf Club Fund
Recommendation:
That the Town Council Receive and file the February 2012 Treasurer’s Report.

6. Four-Way Stop At The Intersection Of Kamana Road And Kasota Road
Recommendation:
Adopt Resolution 2012-17, “A Resolution Of The Town Council Of The Town Of Apple Valley Establishing The Intersection Of Kamana Road And Kasota Road As A Four-Way STOP Intersection.”

7. Four-Way Stop At The Intersection Of Kiowa Road And Ottawa Road
Recommendation:
Adopt Resolution 2012-18, “A Resolution of the Town Council of the Town of Apple Valley establishing the intersection of Kiowa Road and Ottawa Road as a four-way STOP intersection.”

8. Accept The Final Map For Tract Map No. 18235
Recommendation:
A)  Adopt Resolution No. 2012-19 (A Resolution of the Town Council of the Town of Apple Valley initiating proceedings for an annexation of territory into the Apple Valley Landscaping and Lighting Assessment District No. 1, L-29)

B) Receive and approve the Engineer's Report as filed or as amended (Note: The Engineer’s report has all ready been filed and is made a part of this agenda item for the Council’s review and approval)

C) Receive and approve the Landowner’s consent

D) Adopt Resolution No. 2012-20 (A Resolution of the Town Council of the Town of Apple Valley declaring its intention to annex territory into the Apple Valley Lighting and Landscaping Assessment District No. 1, L-29 ordering improvements, and to levy and collect assessments pursuant to the Lighting and Landscaping Act of 1972).

E) Move to approve the final map, securities and agreements for Tract Map No. 18235 subject to approval as to form by the Town Attorney and as to content by the Town Manager, accept the “Agreement for Construction of Improvements” and the bonds subject to approval by the Town.

9.  Release Of Securities For Reata Road Storm Drain Improvements – Parcel Map 17193, Home Depot
Recommendation:
That the Town Council:
1. Direct staff to fully release and exonerate the Reata Road Storm Drain   
2. Approve a Mutual Waiver and Release Letter Agreement between the Town and Home Depot.

10.  Accept The Final Map For Tract Map No. 18818, Applicant: Pulte Homes
Recommendation:
Move to accept the final map, securities and agreements for Tract Map No. 18818.


11.  Approve Amendment to First Recognized Obligation Payment Schedule (ROPS)
Recommendation:
That the Town Council adopt the attached SA Resolution No. 2012-02 approving an amendment to the first Recognized Obligation Payment Schedule (“ROPS”).

12.  Approve Second Recognized Obligation Payment Schedule (ROPS)
Recommendation:
That the Town Council adopt the attached SA Resolution No. 2012-03 approving the second    Recognized Obligation Payment Schedule (“ROPS”).


PUBLIC HEARINGS


13. Introduce Ordinance No. 435 ”An Ordinance Of The Town Council Of The Town Of Apple Valley, California, Amending Chapter 12.20., Entitled “Special Speed Limits” Of Title 12 Of The Town Of Apple Valley Municipal Code” (Speed Limit On Jess Ranch Parkway Between Town Center Road And Bear Valley Road; Speed Limit On Del Oro Road Between Apple Valley Road And Deep Creek Road)
Recommendation:
1.  Move to waive the reading of Ordinance No. 435 in its entirety and read by title only (Requires a unanimous vote)

2.  Move to  Introduce No. 435 ”An Ordinance of the Town Council of the Town of Apple Valley, California, amending Chapter 12.20., entitled “Special speed limits” of Title 12 of the Town of Apple Valley Municipal Code.” (Requires a roll call vote)

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

CLOSED SESSION

Further Closed Session, if necessary and if not completed during the above 6:30 p.m. portion of this agenda, including any or all items described in that portion of this agenda.  Reportable actions during closed session will be announced.

ADJOURNMENT