March 12, 2013

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY


MARCH 12, 2013


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 PC403, disrupting a public meeting, 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:

Cusack_____, Nassif_____, Stanton_____, Mayor Pro Tem Bishop_____, Mayor Emick_____.

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

PUBLIC COMMENTS


CLOSED SESSION

1. Closed Session

A. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluation: Title: Town Manager

B. Conference with Legal Counsel – Existing Litigation - Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9. Case Name: David Holtz dba Holtz Construction v. Town of Apple Valley, et al. Case Number: San Bernardino County Superior Court Case No. CIVVS 1101079

C. Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to litigation pursuant to subdivision (d) of Section 54956.9 (one or more potential cases).

D. Negotiations with Real Property Negotiator – Parcel Number(s) 3087-481-05; Negotiating Parties: Mr. Joshua Kaye or Designee. Town Negotiator(s): Town Manager, Finance Director, Community Development Director or Designee. Negotiations involve both price and terms of payment.

TOWN COUNCIL REGULAR SESSION

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

ROLL CALL

COUNCILMEMBERS:

Cusack_____, Nassif_____, Stanton_____, Mayor Pro Tem Bishop_____, Mayor Emick_____.

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

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATION:  

Making a Difference Recognition and Introduction – Mr. Dominic Cumo

Wellness Clinic for Women & Children - Sister Lisa Turay

Healthy Apple Valley and the Heart Games – Lena Quinonez, Recreation Supervisor

PUBLIC COMMENTS

COUNCILMEMBER 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, March 26, 2013 – 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. Special Meeting – February 21, 2013

B. Regular Meeting – February 26, 2013

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. January 2013 - Commercial Warrants Schedule

Recommendation:

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

4. January 2013 – Payroll/Benefits Warrants Schedule

Recommendation:

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

5. Treasurer’s Report – January 2013 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Club Fund

Recommendation:

That the Town Council Receive and File the January 2013 Treasurer’s Report.

6. Acceptance of Work, Notice of Completion and Release of Retention for the Civic Center Park Restroom Installation PR 2012-05

Recommendation:

1. Accept the work for the Civic Center Park Project PR 2012-05 for a total cost of $57,074.16.

2. Direct the Town Clerk to file the Notice of Completion for the contract work, notify surety and to exonerate contract bonds.

3. Direct the Finance Director to release retained funds 35-days after the filing of the Notice of Completion, provided no claims are filed against the contractor.

7.Approve and Authorize a Construction Agreement with San Bernardino County Public Works, Department of Transportation, and with San Bernardino Associated Governments, (SANBAG), for Yates Road Widening in Conjunction with the Yucca Loma Bridge over the Mojave River.

Recommendation:

That the Town Council approve the Construction Agreement with San Bernardino County Public Works, Department of Transportation, and with San Bernardino Associated Governments (SANBAG), for Yates Road Widening in conjunction with the Yucca Loma Bridge Project.

8. Approve and Accept Agreement Reached with Property Owner for Acquisition of Road Right-of-Way and Construction Easements for the Yucca Loma Road/Yates Road/Green Tree Blvd., Corridor Project.

Recommendation:

That the Town Council approve and accept the acquisition agreements and authorize the Town Manager, or Town Engineer, to execute the Agreement and proceed with all necessary documents in connection therewith.

9. Contract Amendment No. 1 of the Dale Evans Parkway and Joshua Road Contract to Add Additional Construction Areas on Navajo Road, between Sandia Road and Tussing Ranch Road.

Recommendation:

Approve the Dale Evans Parkway and Joshua Road Project Contract Amendment #1 with Sully-Miller Contracting Co., to Add Additional Work Areas on Navajo Road between Sandia Road and Tussing Ranch Road, and Increase the Awarded Contract in the Additional Amount of $6,000.00, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

10. Submission of Calhome Program Application to the California Department of Housing and Community Development (HCD)

Recommendation:

1. That the Town Council adopt Resolution 2013-11 authorizing the submittal of an application to the California State Department of Housing and Community Development (HCD) for funding under the CalHome Program;

2. Authorize the Town Manager and Community Development Director to execute, on behalf of the Town of Apple Valley, the application, the Standard Agreement, and all other documents required by HCD for participation in the CalHome Program, and any amendments thereto.

PUBLIC HEARINGS

11. A Resolution Establishing Trash User Fees Increases In An Amount Of Between $0.42 - $1.42 Per Month, Or, 5.57% - 7.62% Effective March, 13, 2013.

Recommendation:

1. Open the public hearing for Resolution No. 2013-12

2. Determine whether a majority protest exists pursuant to Prop. 218

3. If no majority protest exists, adopt Resolution 2013- 12


12.A Resolution Establishing Sewer User Charges Inclusive Of An Increase In An Amount Of Three Dollars And Seventy Three Cents ($3.73) Per Equivalent Dwelling Unit Per Month And Establishing An Operative Date For Application Of The Proposed Increase

Recommendation:

1. Open the public hearing for Resolution 2013-13.

2. Determine whether a majority protest exists, and

3. If no majority protest exists, adopt Resolution 2013-13, revising the sewer user fees for the use of Town sewers.

LEGISLATIVE MATTERS

None

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

13.Fiscal Year 2012-2013 Mid-Year Budget Review

Recommendation:

That the Town Council receive and file the Fiscal Year 2012-2013 Mid-Year Budget Review Report.

14. Selection of Town Council Voting Delegate and Voting Alternate to Southern California Associated Governments

Recommendation:

Nominate one Council Member as voting delegate and one Council Members as voting alternate representing the Town of Apple Valley at the 2012 Southern California Association of Governments (SCAG) General Assembly Annual Meeting.

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