August 28, 2012

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AGENDA


APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

AUGUST 28, 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:


Nassif_____, Roelle_____, Mayor Pro Tem Emick_____, 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

None


TOWN COUNCIL REGULAR SESSION


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


ROLL CALL


COUNCILMEMBERS:


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


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


OPENING CEREMONIES


INVOCATION:


PLEDGE OF ALLEGIANCE:


PRESENTATIONS:


PUBLIC COMMENTS

 

APPLE VALLEY CHAMBER OF COMMERCE – BUSINESS RETENTION UPDATE


COUNCILMEMBER COMMENTS AND 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, September 11, 2012

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 – August 14, 2012

Recommendation:

Approve the subject minutes as part of the consent agenda.


3. Agreement Between the Town of Apple Valley and the Apple Valley Unified School District for Use of the Swimming Pool

Recommendation:

Approve the updated Swimming Pool Use Agreement between the Town and the Apple Valley Unified School District (AVUSD).

4. Cooperative Agreement for Transfer/Release of Shelter Animals

Recommendation:

1. Direct staff to implement the proposed “Cooperative Agreement for Transfer/Release of Shelter Animals” allowing Animal Rescue Organizations to pull unaltered animals from the Town’s Municipal Shelter at the rate of $5.00. This provision is allowed for Rescues that comply with the provisions of the agreement and reporting requirements in compliance with State Law.

2. Direct staff to implement a reduced fee of $30/cats and $65/dogs for Animal Rescue Organizations that chose to pull animals from the Town’s Municipal Shelter after they have been spayed/neutered, rabies vaccinated and microchipped. This fee does not include a one-year license for dogs.

3. Direct staff to bring back revisions to the animal fostering program: Shelter Animal Volunteer Exchange (SAVE) Home program.


5. Accept Final Map for Parcel Map No. 19260

Recommendation:

Approve the final map for Parcel Map No. 19260.


6. Award Contract for the Central Road Overlay Project 2012-08 – Bear Valley Road to Poppy Road

Recommendation:

Award a contract to Sully-Miller Contracting Co. in the amount of $237,000.00 for the Central Road Overlay Project 2012-08 – Bear Valley Road to Poppy Road, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.


7. Adoption of Resolution Number 2012-46 - A Resolution Reaffirming the Town’s Commitment to Open Government and Compliance with the Ralph M. Brown Act

Recommendation:

Adopt Resolution No. 2012-46 reaffirming the Town’s commitment to open government and compliance with the Ralph M. Brown Act.


8.Public Hearing for a Proposed Second Amendment to the Five Year Consolidated Plan - Fourth Year Action Plan for FY 2010 - 2011 – Establishing Date and Time Certain

Recommendation:

That the Town Council establish September 25, 2012 at 6:30 p.m., as the date and time certain for the purpose of conducting the public hearing necessary to provide Amendment #2 to the Five-Year Consolidated Plan – Fourth Year Action Plan for Fiscal Year 2010-2011.


9. Extension To The Waste Delivery Agreement Between The Town of Apple Valley and the County of San Bernardino.

Recommendation

That the Town Council approve the fifth amendment to the Waste Delivery Agreement (WDA) between the Town of Apple Valley and the County of San Bernardino to extend the term of the agreement until June 30, 2016.


10. Initiation of a Development Code Amendment Regarding Modification of Trash Enclosures to Conform To AB 341 Requirements.

Recommendation

Initiate a Development Code Amendment and forward this issue to the Planning Commission for a recommendation by the Planning Commission that will be returned to the Council for consideration.


11. Declare Surplus and Authorize Disposal of Computer Equipment

Recommendation:

Approve and declare the list of surplus computer equipment as surplus, authorizing Information Systems to dispose of said items through the Town of Apple Valley Household Hazardous Waste Program.


12. Happy Trail Villas Certificate of Completion

Recommendation:

1. Approve the Certificate of Completion.

2. Direct the Town Clerk to file the Certificate of Completion with the County Recorder’s office.

PUBLIC HEARINGS


13. Conduit Financing for the High Desert “Partnership for Academic Excellence” Foundation to Finance or Refinance the Acquisition, Construction Rehabilitation, Improvement and Equipping of Certain Real Property and Improvements.

Recommendation:

That the Town Council:


1. Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”).

2. Adopt the Resolution Number 2012-47 and Resolution Number 2012-48 approving the issuance of the Bonds by the CMFA for the benefit of High Desert “Partnership in Academic Excellence” Foundation, Incorporated, a California non-profit corporation, or a subsidiary or affiliate thereof (the “Borrower”), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following). The resolution will also authorize the Mayor or designee thereof to execute the Joint Exercise of Powers Agreement with the CMFA.

 LEGISLATIVE MATTERS


REPORTS, REQUESTS AND COMMUNICATIONS


BUSINESS OF THE COUNCIL


14. Agreement to Provide Sheltering Services for the County of San Bernardino

Recommendation:

1. Direct staff to finalize the details of the Contract to provide Animal Sheltering Services for the County of San Bernardino.

2. Authorize staff to execute the finalized Contract to provide Animal Sheltering Services for the County of San Bernardino, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

 

15. Vision 2020 Priorities

Recommendation:

That the Town Council review and adopt the revised Vision 2020 priorities.


16. Civic Center Dog Park Update

Recommendation:

That the Town Council receive and file the report.


17. Discussion of Cancellation of Town Council Meeting of September 11, 2012

Recommendation:

Provide direction to staff


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


MOTION