March 13, 2012

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AGENDA

APPLE VALLEY TOWN COUNCIL/
SUCCESSOR AGENCY

MARCH 13, 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

None

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

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, March 27, 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 – February 28, 2012

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

3. Commercial Warrants Schedule - January 2012

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

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

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

5. Claimant – Joe Velasquez

Recommendation:
Reject the claim of Joe Velasquez

6. Adopt Ordinance No. 433 – An Ordinance of The Town Council of the Town of Apple Valley, California, Determining That Development Code Amendment No. 2011-05 Is Exempt From Further Environmental Review and Amend Title 9 “Development Code” of The Town of Apple Valley Municipal Code, By Amending Section 9.62.070.C.3  As It Relates to Floodplain Management

Recommendation:
That the Town Council adopts Ordinance No. 433

7. Initiation of a Development Code Amendment regarding Hot Food Truck Vendors

Recommendation:
Initiate a Development Code Amendment and forward this issue to the Planning Commission for a workshop to include the community stakeholders and a recommendation by the Planning Commission that will be returned to the Council for consideration.

8. A Resolution of the Town Council of the Town of Apple Valley Amending the Personnel Policies And Procedure Manual

Recommendation:
That the Town Council adopt the attached Resolution No. 2012-10, A Resolution of the Town Council of the Town of Apple Valley Amending the Personnel Policies and Procedures for The Town of Apple Valley.

9. A Resolution of the Town Council of the Town of Apple Valley to Re-establish Limited Trustee Authorization for the Town of Apple Valley Deferred Compensation Plan

Recommendation:
That the Town Council adopt the attached Resolution No. 2012-09.

10. Acceptance of Work, Notice of Completion and Release of Retention for the Grid-Tied Solar Photovoltaic Power System, Inverter Building and Parking Lot Shade Structure Project at Town Hall

Recommendation:
That the Town Council:
A. Approve the deductive change order in the amount of $18,250.00 and waive liquidated damages.
B. Accept the work of SunWize Technologies, Inc. for the Town Hall Photovoltaic System Project; and authorize release of retention in the amount of $67,342.70.
C. Direct the Town Clerk to file a Notice of Completion for the contract and notify surety to exonerate contract bonds.
D. Direct the Finance Director to release retained funds 30 days after the filing of the Notice of Completion, and/or notify prime contractors escrow account holders to release the withheld retention funds, provided no claims are filed against the contractor or Town.

11. Approve and Authorize a Funding Agreement with San Bernardino Associated Governments, (SANBAG), for Construction of the Yucca Loma Bridge over the Mojave River.

Recommendation:
That the Town Council approve the Funding Agreement with San Bernardino Associated Governments for Construction of the Yucca Loma Bridge over the Mojave River, subject to approval as to form by the Town Attorney and as to content by the Town Manager. 

12. Acceptance of Work, Notice of Completion and Release of Retention for the Kiowa Road Improvements – Phase 1 Del Oro Road to Bear Valley Road, Town Project 2011-06

Recommendation:
That the Town Council:
1. Accept the work completed as part of the Kiowa Road Improvements – Phase 1 for a total cost of $571,140.00.
2. Direct the Town Clerk to file the Notice of Completion for the contract work.
3. Direct the Finance Director to release retained funds 30 days after the filing of the Notice of Completion, provided no claims are filed against the contractor.

PUBLIC HEARINGS

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

13. Voluntary Spay/Neuter Progam

Recommendation:
Direct staff to implement the proposed program as an incentive to encourage voluntary spay/neuter of animals residing within the Town of Apple Valley.

14. Vote For Candidate To Serve On Watermaster Alto Subarea Advisory Committee

Recommendation:
Provide direction to staff.  Staff recommends that the Town Council select a candidate or candidates who represent the interests of a “Public Agency” water purveyor or purveyors within the Alto Subarea, of which total four (4).

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