February 14, 2012

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AGENDA
APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

February 14, 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 – Anticipated Litigation pursuant to subdivision (b) of the Government Code Section 54956.9 (one or more potential cases).

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:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

A. Employee of the Year Proclamation: Lena Quinonez, Recreation Supervisor – To be recognized by Ken Anderson, representative for Senator Sharon Runner.

B. Certificate of Appreciation – Tree of Lights - Agio Realty

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, February 28, 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 – January 24, 2012

Recommendation:
Approve the subject minutes as part of the consent agenda.

3. Treasurer’s Report – Month of December 2011 and Schedule of Revenues, Expenditures and Changes in Fund Balance for the Parks & Recreation Fund and the Apple Valley Golf Club Fund

Recommendation:
Receive and file.

4. December 2011 Commercial Warrants Schedule

Recommendation:
Receive, ratify, and file the commercial warrants as presented.

5. Payroll/Benefits Warrants Schedule – Month of December 2011

Recommendation:
Receive, ratify, and file the payroll/benefits warrants as presented.


6. Adopt Ordinance No. 430

Recommendation:
Adopt Ordinance No. 430

7. Adopt Ordinance No. 431

Recommendation:
Adopt Ordinance No. 431

8. Fee Waiver Request for the American Cancer Society Relay for Life on May 19, 2012

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $4,473 for the American Cancer Society.

9. Acceptance of Work, Notice of Completion and Release of Retention for the Town of Apple Valley Public Works Facility

Recommendation:
1. Accept the work of the attached 4 prime contractors for the work performed at the Public Works Facility; release the total retention in the amount of $89,958.75.
2. Direct the Town Clerk to file a Notice of Completion for their contract work, notify surety and to exonerate contract bonds.
3. Direct the Finance Director to release retained funds 30 days after the filing of the Notice of Completion, or notify prime contractors escrow account holders to release the withheld retention funds provided no claims are filed against the contractor or Town.

PUBLIC HEARINGS

10. Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) Five Year Consolidated Plan and Analysis of Impediments to Fair Housing Choice (AI) Public Hearing #1

Recommendation:
a) Open public hearing;
b) Close public input and commentary;
c) Close public hearing.

11. An Ordinance of the Town Council of the Town of Apple Valley, Amending Title 5, Chapter 5.06 of the Apple Valley Municipal Code to Establish Franchise Fees and Customer Service Penalties for State Franchise Holders Providing Video Service Within the Town of Apple Valley

Recommendation:
1. Move to waive the reading of Ordinance No. 429 in its entirety and read by title only.
2. Move to introduce Ordinance No. 429, amending Title 5, Chapter 5.06 of the Town of Apple Valley Municipal Code to establish franchise fees and customer service penalties for state franchise holders providing video service within the Town of Apple Valley, and further to update the Ordinance to comply with changes in the Digital Infrastructure and Video Competition Act (DIVCA).

12. Resolution 2012-07, to Record Delinquent Utility Fees and Costs Against Real Property Located in the Town of Apple Valley and Directing that Said Assessments Constitute a Lien Upon Said Properties

Recommendation:
That the Town Council:
1. Open the Public Hearing;
2. Close the Public Hearing.
3. Adopt Resolution No. 2012-07, confirming delinquent utility fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties.

13. Development Code Amentment No. 2011-002 - A Request to Revise Title 9 “Development Code” of the Town of Apple Valley Municipal Code by Amending Subsection “B” of Table 9.28.050-A “Permitted Uses” within Chapter 9.28, “Residential Districts”, of the Code by revising the regulations related to Animal Keeping Permits and Peafowl

Recommendation:
That the Town Council move to open the public hearing and take testimony. Close the public hearing. Then:

1. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Code Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.

2. Find the facts presented within the staff report support the required Findings for approval of an amendment to the Development Code, and adopt the Findings.

3. Find that the proposed Town Council Ordinance is consistent with the Goals and Objectives of the adopted Town of Apple Valley General Plan and that it is necessary to preserve the health, safety and general welfare of the citizens of Apple Valley.

4. Move to waive the reading of Ordinance No. 432 in its entirety and read by title only.

5. Introduce Ordinance No. 432, revising Title 9 "Development Code" of the Town of Apple Valley Municipal Code by amending Subsection “B” of Table 9.28.050-A “Permitted Uses” within Chapter 9.28, “Residential Districts”, of the Code by revising the regulations related to Animal Keeping Permits and peafowl.

6. Direct staff to file a Notice of Exemption.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

14. Appointment of Oversight Board Members

Recommendation:
It is recommended that the Town Council appoint two (2) members to the Oversight Board pursuant to AB 26, defined in Health & Safety Code Section 34179(a), for the purpose of governing the actions of the Successor Agency (now the Town) of the former Apple Valley Redevelopment Agency (AVRDA).

15. Recommendations of the Parks and Recreation Ad Hoc Committee

Recommendation:
That the Town Council review the recommendations of the Ad Hoc Committee and approve their implementation.

16. Establishment of Consolidated Plan Priorities

Recommendation:
That the Town Council approve the following list of Community Development Block Grant and HOME priorities, as established in the Strategic Plan, to be used as a guideline by the Community Development Citizens Advisory Committee in making funding recommendations to the Town Council for the 2012-2013 Action Plan.

1. Preserve the Existing Housing Stock (Single-Family Housing Rehabilitation)
2. Increase Affordable Homeownership Opportunities (Down Payment Assistance)
3. Expand the Supply of Affordable Housing (HTV & AMCAL)
4. Address Public Service Needs
5. Affirmatively Further Fair Housing to Ensure Equal Access to Housing Lower Income, Ethnic Minorities and Special Needs Groups (Fair Housing Program)
6. Provision of Public Facilities and Park Improvements
7. Create safer, more attractive and more accessible neighborhoods and stimulate economic growth through the improvement of infrastructure
8. Expand the economic base and promote greater employment opportunities for residents

17. Approval of Employment Agreement Between the Town of Apple Valley and Frank Robinson

Recommendation:
Approve the Employment Agreement between the Town of Apple Valley and Frank Robinson

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