April 9, 2013

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AGENDA


APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY


APRIL 9, 2013


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 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 CLOSED SESSION


CALL TO ORDER


ROLL CALL


COUNCILMEMBERS:


Cusack_____, Nassif_____, Stanton_____, Mayor Pro Tem Bishop_____, Mayor Emick_____.


(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 Real Property Negotiators pursuant to Government Code Section 54956.8 and 54954.5 (b) – Property: APN 0441-101-13; Negotiating Parties: Premier Asset Services (PAS) on behalf of Wells Fargo. Town Negotiator(s): Town Manager, Finance Director, Community Development Director or Designee. Negotiations involved both price and terms of payment.

B. Conference with Legal Counsel - Anticipated Litigation – Significant Exposure to Litigation Pursuant to Subdivision (d) of Section 54956.9 (one or more cases).


TOWN COUNCIL REGULAR SESSION


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


ROLL CALL


COUNCILMEMBERS:


Cusack_____, Nassif_____, Stanton_____, Mayor Pro Tem Bishop_____, Mayor Emick_____.


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


OPENING CEREMONIES


INVOCATION:


PLEDGE OF ALLEGIANCE:


PRESENTATIONS:


Proclamation – Fair Housing Month – Inland Fair Housing and Mediation Board


PUBLIC COMMENTS


APPLE VALLEY BUSINESS ACTIVITY REPORT


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:

The Regular Meeting of the Apple Valley Town Council scheduled for April 23, 2013 has been cancelled. That meeting has been rescheduled to a Special Meeting on April 30, 2013.

A. Special Meeting – Tuesday, April 30, 2013

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 26, 2013

Recommendation:

Approve the subject minutes as part of the consent agenda.


3. February 2013 - Commercial Warrants Schedule

Recommendation:

That the Town Council receive, ratify, and file the Commercial Warrants Schedule as presented.


4. February 2013 – Payroll/Benefits Warrants Schedule

Recommendation:

That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.


5. Treasurer’s Report – February 2013 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Club Fund

Recommendation:

That the Town Council Receive and File the February 2013 Treasurer’s Report.


6. CLAIMANT – Jeferson Fuentes Abrego

Recommendation:

Reject the claim from Jeferson Fuentes Abrego


7. CLAIMANT – Kenia Rodas

Recommendation:

Reject the claim from Kenia Rodas


8. CLAIMANT – William Lara

Recommendation:

Reject the claim from William Lara


9. CLAIMANT – Eber Antonio Elias Rodas

Recommendation:

Reject the claim from Eber Antonio Elias Rodas


10. CLAIMANT – Clara Leticia Rodas

Recommendation:

Reject the claim from Clara Leticia Rodas


11. CLAIMANT – Jorge Luis Palencia Rodas

Recommendation:

Reject the claim from Jorge Luis Palencia Rodas


12. CLAIMANT – Jorge Alberto Mendez Rodas

Recommendation:

Reject the claim from Jorge Alberto Mendez Rodas


13. Establishing Date and Time Certain for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Public Hearing No. 2 (Consolidated Plan – Second-Year 2013-2014 Action Plan)

Recommendation:

That the Town Council establish April 30, 2013 at 6:30 p.m., as the date and time certain for the purpose of conducting the second of two public hearings necessary to develop the Town’s Consolidated Plan– Second Year Action Plan.


14. Rehab Financial Corporation Settlement - A Request for Council Approval of a Proposed Settlement Agreement Regarding Rehab Financial Corporation

Recommendation:

That the Town Council approve the settlement agreement proposed by Evanston Insurance, the carrier for Rehab Financial Corporation in the amount of $8,516.86 and authorize and direct the Town Manager to execute any necessary settlement related documents on behalf of the Town.


15. Resolution 2013-15, A Resolution of the Town Council of the Town of Apple Valley, California, Confirming and Re-establishing Rental Fees for the Apple Valley Conference Center Approved by Resolution 2010-44 and Adding Authority for the Town Manager or Designee to Approve Special Rates for Conference Center Rentals.

Recommendation:

Adopt Resolution 2013-15, a Resolution of the Town Council of the Town of Apple Valley, California, confirming and re-establishing rental fees for the Apple Valley Conference Center previously approved and established by Resolution 2010-44 and adding authority for the Town Manager or designee to approve special rates for Conference Center effective April 9, 2013.


16.Application TP San Bernardino Associated Governments (SANBAG) for Local Transportation Funds – Article 8 – Other Purpose Claim

Recommendation:

Authorize the Assistant Town Manager - Finance & Administration to apply for remaining Local Transportation Funds – Article 8 – Other Purpose Claim in the amount of $664,988 for Fiscal Year 2011-12.


PUBLIC HEARINGS


None


LEGISLATIVE MATTERS


17. Vacancy on the Equestrian Committee

Recommendation:

Mayor Pro Tem Bishop to nominate: , to the Town of Apple Valley Equestrian Committee.


REPORTS, REQUESTS AND COMMUNICATIONS


BUSINESS OF THE COUNCIL


18. Resolution Submitted to the League of California Cities for Presentation to the General Assembly Regarding Proposed Amendments to League Bylaws

Recommendation:

That the Town Council review the proposed amendments and vote to either approve or deny the amendment of Article VI, Section 2 and the addition of Article VII, Section 16 of the Leagues Bylaws.


19. Discussion on Rumble Strips on Local Roads

Recommendation:

Receive and file.


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