November 13, 2012

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AGENDA


APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY


NOVEMBER 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 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:


Emick_____, Nassif_____, Roelle_____, 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. Personnel Matters – Government Code Section 564957/Public Employee Performance Evaluation: Title: Town Clerk

B. Conference with Legal Counsel – Significant Exposure to litigation pursuant to subdivision (b) of Section 54956.9 (one case): TOAV vs. Ana J Matosantos, Director of the Department of Finance.


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 Stanton_____.


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


OPENING CEREMONIES


INVOCATION:


PLEDGE OF ALLEGIANCE:


PRESENTATION:

Teen Volunteer Recognition Awards – Alicia Dannelley, Recreation Assistant


Presentation to Community Calendar Winners


PUBLIC COMMENTS


COUNCILMEMBER COMMENTS AND 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, December 11, 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 – October 23, 2012

Recommendation:

Approve the subject minutes as part of the consent agenda.


3. September 2012 Commercial Warrants Schedule

Recommendation:

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


4. Payroll/Benefits Warrants

Recommendation:

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


5. Award the Contract for the Highway 18 Median Improvement Project: 2012-12 Pawnee Road to Central Road

Recommendation:

Award a contract to C.S. Legacy Construction Inc., in the amount of $967,933.41 for the Highway 18 Median Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager;


6. Adopt Ordinance 438 – An Ordinance of the Town Council of the Town of Apple Valley, California Amending Chapter 11.68 Use of Park and Recreation Facilities of the Apple Apple Valley Municipal Code; Adding Section 11.68.075 Dog Park

Recommendation:

Adopt Ordinance No. 438 amending Chapter 11.68 Use of Park and Recreation Facilities of the Apple Valley Municipal Code.


7. Adopt Ordinance Nos. 439 and 440 of the Town of Apple Valley Amending the Zoning Map and Development Code as it Relates to Governmental Facilities and Public Facilities
 

Recommendation:

Adopt Ordinance Nos. 439 and 440.


8. Agreement to Provide Animal Sheltering Services for the County of San Bernardino

Recommendation:

1. Direct staff to finalize the details of the Agreement to provide Animal Sheltering Services for the County of San Bernardino.

2. Authorize staff to execute the finalized Agreement to provide Animal Sheltering Services for the County of San Bernardino, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.


9. Award Contract for the Kasota Road Improvements Project 2012-09

Recommendation:

1. Award a contract to United Paving Co. in the amount of $120,893.90 for the Kasota Road Improvements Project 2012-09, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

2. Approve Budget Amendment No. 13-9 to allocate $110,000.00 to this project from the Measure I Fund.


PUBLIC HEARINGS


10. A Request to Consider an Amendment to the Jess Ranch Lakes Recreational Vehicle Resort (TM 14484) Within the Jess Ranch Planned Unit Development to Allow 600 Square-Foot Habitable Structures as an Accessory Use to a Recreational Vehicle.

Recommendation:

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 for Specific Plan No. 2012-01.

2. Find the facts presented within the staff report, including the attached Planning Commission staff report for September 19, 2012, support the required Findings for approval of the proposed Specific Plan and adopt the Findings.

3. Move to waive the reading of Ordinance No. 441 in its entirety and read by title only.

4. Introduce Ordinance No. 441, approving Specific Plan No. 2012-01; and

5. Direct staff to file a Notice of Determination and Exemption with the San Bernardino County Clerk of the Board of Supervisors.


LEGISLATIVE MATTERS


REPORTS, REQUESTS AND COMMUNICATIONS


BUSINESS OF THE COUNCIL


11. Animal Services Saturday Schedule

Recommendation:

Provide direction to staff regarding continued hours and days of operation.


12. Refresh of Website to Reflect New Logo

Recommendation:

That the Town Council provide direction to staff on proceeding with implementation of new website look.


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