July 24, 2012

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

JULY 24, 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 - Initiation of Litigation pursuant to subdivision (c) of 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: 

SPECIAL ACKNOWLEDGEMENT/PRESENTATION

PRESENTATIONS: 

Recognition of Service – Mayor Pro Tem Ginger E. Coleman - Apple Valley Town Council

Recognition of Service - Art Bishop – Apple Valley Fire Protection District

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. Regular Meeting – Tuesday, August 14, 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 – July 10, 2012
 B. Emergency Special Meeting – July 12, 2012

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

3. Adopt Ordinance No. 434 – An Ordinance of the Town of Apple Valley Amending the Zoning Map by Changing the Zoning Designations from R-E to R-SF for the Proposed Subdivision Located South of Sitting Bull Road and East of Apple Valley Road; APNs 3087-161-05 and 09.

Recommendation:
Adopt Ordinance No. 434

4. Yucca Loma Bridge Contract Amendment # 8 Of The Yucca Loma Bridge Contract Agreement, In The Amount Of $422,400.00, For Additional Design, Right-Of-Way Services And Construction Support.

Recommendation:
Approve the Yucca Loma Bridge Project Contract Amendment # 8 with Dokken Engineering, the project’s design contractor, in the Not-to Exceed amount of $422,400.00, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager. 
  
PUBLIC HEARINGS

5. Resolution 2012-42, to Record Delinquent Animal Control Fees, Utility Fees and Costs and Code Enforcement Fees 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 Public Hearing;
2. Adopt Resolution No. 2012-42, confirming delinquent utility fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties;
3. Close Public Hearing.

6. Lighting And Landscape Assessment District #1 - Engineer’s Annual Report And Levy Of Assessment For Fy 2012-2013

Recommendation:
1.  Conduct the public hearing
2.  Adopt Resolution No. 2012-43, “A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2012-2013”

LEGISLATIVE MATTERS

7. Council Member Representation on Various Boards, Committees and Commissions Vacated Upon Resignation of Mayor Pro Tem Coleman

Recommendation:
That the Town Council choose one of its members to fill the vacant positions of Mayor Pro Tem Coleman.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

8. Leave Time Overview

Recommendation:
Receive and file.      

9. Discussion Regarding Appointment to Fill the Vacancy on the Town Council Upon the Resignation of Mayor Pro Tem Coleman

Recommendation:
That the Town Council discuss appointment of an individual to fill the upcoming vacancy on the Town Council and, if so, establish the process to be used to fill the vacancy or make a determination to leave the position vacant until the General Municipal Election to be held on November 6, 2012.

10. Town Board, Committee and Commission Appointments Made by Mayor Pro Tem Coleman 

Recommendation:
That the Town Council approve the continued service of Mayor Pro Tem Coleman’s appointments to various Town Boards, Committee’s and Commissions until the vacancy has been filled at the General Municipal Election on November 6, 2012.

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