February 28, 2012

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

February 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:

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

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 next agenda:

Time, Date & Place for Next Town Council Regular or Special Meeting:

A. Mid-year Budget Workshop Meeting – Thursday, March 8, 2012 – Council Chambers

B. Regular Meeting – Tuesday, March 13, 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 – February 14, 2012

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

3. Adopt Ordinance No. 429 - 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:
That the Town Council adopt Ordinance No. 429

4. Adopt Ordinance No. 432 - An Ordinance Of The Town Council Of The Town Of Apple Valley, California, 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.

Recommendation:
That the Town Council adopt Ordinance No. 432.

5. Acceptance of Work, Notice of Completion and Release of Retention For The AD#3A Sewer Lift Station No.1- Grinder Station

Recommendation:
1. Accept the work of the contractor for the work performed at the AD#3A Sewer Lift Station No.1 to install a Grinder Station; release the total retention in the amount of $13,590.00.

2. Direct the Town Clerk to file a Notice of Completion for the 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 contractor’s escrow account holders to release the withheld retention funds provided no claims are filed against the contractor or Town.

6. Approve Recognized Obligation Payment Schedule (ROPS)

Recommendation:
That the Town Council as the Successor Agency adopt the attached Resolution No. 2012-01 approving the Recognized Obligation Payment Schedule (“ROPS”).

7. Rescission Of Any And All Previously Enacted Town Council Action(s) Associated With ABx1 27 Of The First Extraordinary Session In The California State Assembly.

Recommendation:
Rescind any and all previously enacted actions associated with the implementation of ABx1 27.

PUBLIC HEARINGS

8. Development Code Amendment No. 2011-05

Recommendation:
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), it can be determined that 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 may have a significant effect on the environment, the activity is EXEMPT from further CEQA review.

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. 433 in its entirety and read by title only.

5. Introduce Ordinance No.433, amending Section 9.62.070.C.3 that establishes additional submittal requirements and procedures to further address health and safety related to floodplain management.

6. Direct staff to file a Notice of Exemption.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

9. Apple Valley Chamber Of Commerce Agreement For Business Retention Services

Recommendation:
Approve an Agreement for Business Retention Services (“Agreement”), Attachment No. 1, between the Town and the Apple Valley Chamber of Commerce in an amount not to exceed $18,820.

10. Initiate A General Plan Amendment To Modify The General Plan Street System Map In The Circulation Element To Accommodate Modifications To The Design Of The High Desert Corridor

Recommendation:
Initiate a General Plan Amendment to the Circulation Element to modify the General Plan Street System Map to accommodate recent changes to the High Desert Corridor design.

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