June 12, 2012

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

JUNE 12, 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).

B. Negotiations with Real Property Negotiator – Property located at APN 3112-101-01 and 3112-111-41 pursuant to Government Code Section 54956.8 and 54954.5 (b).

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: Reverend Wayne Boyd - First Assembly of God

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Rio Vista Elementary School Presentation to Animal Shelter

Certificate of Appointment – Ray Sims - Equestrian Committee Member

Recognition of the Home Depot/Christmas Tree Donation

Happy Trails Villas Presentation

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, June 26, 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 – May 8, 2012

B. Special Meeting – May 30, 2012

C. Special Meeting – May 31, 2012

Recommendation:

Approve the subject minutes as part of the consent agenda.


3. April 2012 Commercial Warrants Schedule

Recommendation:

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

4. Payroll/Benefits Warrants Schedule – Month of April 2012

Recommendation:

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

5. Treasurer’s Report – Month of April 2012 and Schedule of Revenues, Expenditures and Changes in Fund Balance for the Parks & Recreation Fund and the Apple Valley Golf Club Fund

Recommendation:

That the Town Council Receive and file the April 2012 Treasurer’s Report.

6. Public Agency Retirement Services Contract

Recommendation:

That the Town Council adopt a resolution authorizing execution of an agreement with the Public Agency Retirement Services (PARS) to provide an Alternate Retirement System (ARS) for employees not eligible for enrollment in the Public Employees Retirement System (PERS).

7. Acceptance of Sewer Lift Station Capacity Analysis Study

Recommendation:

That the Mayor and Town Council receive and file this report, and accept as completed the Sewer Lift Station Capacity Analysis Study.

8.Annual Budget of the Apple Valley Village Property and Business Improvement District (PBID) Association

Recommendation:

That the Town Council approve the FY2012-13 Budget of the Apple Valley Village Property and Business Improvement District (PBID) Association (Association).

9. Renewal and Boundary Modifications of the Apple Valley Village Property and Business Improvement District (PBID)

Recommendation:

That the Town Council adopt a Resolution of Intention to renew and modify the boundaries of the Apple Valley Village Property and Business Improvement District (Village PBID) and to levy and collect assessments therein and to hold a public hearing thereon on August 14, 2012.

10. Undergrounding Utility District No. 4 along Yucca Loma Road between Mohawk Road and Rancherias Road

Recommendation:

1. That the Town Council adopt Resolution No. 2012-26 “A Resolution of the Town Council of the Town of Apple Valley, California, authorizing the initiation of proceedings to establish Undergrounding Utility District No. 4 along Yucca Loma Road, between Mohawk Road and Rancherias Road”.

2. Direct the Town Clerk to give notice, by mail, of the time and place of the hearing to all affected property owners as shown on the last equalized assessment roll or as known to the Town Clerk, at least ten (10) days before the date set for the hearing.

11.List For Sale The Town’s Former Animal Shelter, Public Works Facility And Adjacent Vacant Parcels For Sale/Lease/Lease Purchase

Recommendation:

Authorize and direct staff to negotiate a real estate marketing and sales contract with Lee and Associates to list the Town’s former Public Works, Animal Shelter and adjoining vacant parcels for sale/lease/lease purchase with a maximum combined commission of 4%.

12.Direct and Authorize Staff To Establish A Rotating Victor Valley Based Real Estate Broker To List For Current And Future Real Estate Sales And Purchase Transactions Made On Behalf Of The Town

Recommendation:

That the Town Council direct and authorize Staff to establish a rotating list of local Victor Valley real estate brokers for purchase and/or sale of property on behalf of the Town.

13. Legislation Requiring Local Agencies to Review Its Conflict Of Interest Code To Comply With The Political Reform Act.

Recommendation:

Direct the Town Manager to review its code and submit a notice, by October 1, 2012, to the Town Council that either amendments are required or that no amendments are necessary.

14. Lighting and Landscape Assessment District #1 – Engineer’s Annual Report and Levy of Assessment for FY 2012-2013

Recommendation:

1. Adopt Resolution No. 2012-29, a Resolution of the Town Council of the Town of Apple Valley Directing the Filing of the Annual Report for the Town of Apple Valley Landscaping and Lighting Assessment District.

2. Receive and approve the engineer's report as filed, or as amended.

3. Adopt Resolution No.2012-30, a Resolution of the Town Council of the Town of Apple Valley Declaring its Intention to Order Improvements and to Levy and Collect Assessments for Fiscal Year 2012-2013.

15.Central Road and Joshua Road Town/County Agreement

Recommendation:

Approve and sign the attached Cooperative Agreement with the County of San Bernardino for the Central Road and Joshua Road Paving Projects.

PUBLIC HEARINGS

16. General Plan Amendment No. 2012-001

Recommendation:

Move to open the public hearing, take testimony, close the public hearing, then:

1. Determine that the proposed General Plan Amendment will not have an effect on the environment.

2. Adopt the Negative Declaration Finding for GPA 2012-001, finding that on the basis of the whole record before the Town Council, including the Initial Study and any comments received, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the Town’s independent judgment and analysis.

3. Find that the facts presented in the staff report support the required Findings for approval and adopt those findings.

4. Approve the Resolution of the Town Council of the Town of Apple Valley amending Figure II-6 “General Plan Street System” of the General Plan.

5. Direct staff to file a Notice of Determination.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

17. Local Preference Ad Hoc Committee

Recommendation:

That the Town Council appoint an Ad Hoc Committee for the purpose of performing a comprehensive review of local preference issues and a corresponding analysis of the Town’s current Local Preference program. At its conclusion, the Committee will prepare a report of its findings and recommendations for presentation at a future Town Council meeting.

18. Update On Report Submitted To The District Attorney’s Office Regarding The Multiple Allegations Against The Property Business Improvement District (PBID)

Recommendation:

That the Town Attorney provide an oral report regarding the status of the above subject item.

19. Review of the FY2012-13 Statement of Investment Policy

Recommendation:

Adopt Resolution 2012-31 approving the Statement of Investment Policy for Fiscal Year 2012-2013 and delegating the investment activities to the Town Treasurer.

20. Adoption of Fiscal Year 2012-2013 Appropriations Limit

Recommendation:

Adopt Resolution No. 2012-28 of the Town Council of the Town of Apple Valley, California establishing the Fiscal Year 2012-2013 Appropriations Limit for the Town at $29,861,317 by using the Town’s population growth for the population adjustment and the California per capita income growth for the inflationary adjustment.

21. Resolution of the Town Council of the Town Of Apple Valley, California, Approving Budget Appropriations and Adopting the Operating and Capital Improvement Budget for All Funds for Fiscal Year 2012-13Recommendation:

Adopt Resolution No. 2012-32 of the Town Council of the Town of Apple Valley, California, approving a budget appropriation and adopting the budget, including the operating and capital improvement budget for all funds for Fiscal year 2012-2013.

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