November 8, 2011

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

November 8, 2011

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/REDEVELOPMENT AGENCY CLOSED SESSION

CALL TO ORDER

ROLL CALL

COUNCILMEMBERS/BOARDMEMBERS:

Coleman_____, Emick_____, Roelle_____, Mayor Pro Tem Stanton_____, Mayor Nassif_____.

(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 Evaluations. Title: Town Clerk.

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

C. Personnel Matters - Government Code Section 54957 - Consider Public Employee Employment:  Title: Town Manager.

TOWN COUNCIL/REDEVELOPMENT AGENCY REGULAR SESSION

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

ROLL CALL

COUNCILMEMBERS/BOARDMEMBERS:

Coleman_____, Emick_____, Roelle_____, Mayor Pro Tem Stanton_____, Mayor Nassif_____.

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

OPENING CEREMONIES

INVOCATION: Pastor Royce Besserra, Church for Whosoever

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Burrtec Waste Industries – Presentation Of Reward Check
Military Banner Presentation - Eric Reyes
Landmark Discount Programs For Food And Beverage – Apple Valley Golf Course

SPECIAL ANNOUNCEMENTS:

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, December 13, 2011 – Council Chambers
Closed Session at 5:00 p.m.
Regular Session at 6:30 p.m.

TOWN COUNCIL/REDEVELOPMENT AGENCY 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 25, 2011

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

3. Treasurer’s Report – Month of September 2011 and Schedule of Revenues, Expenditures and Changes in Fund Balance for the Parks & Recreation Fund and the Apple Valley Golf Club Fund

Recommendation:
Receive and file.

4. Commercial Warrants Schedule – Month of September 2011

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

5. Payroll/Benefits Warrants Schedule – Month of September 2011

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

6. A Request To Modify The Provisions Of The Development Code By Amending Title 9 “Development Code” Of The Town Of Apple Valley Municipal Code By Amending Section A.3 Of Table 9.35.030-A “Permitted Uses” Of The Code To Allow Emergency Shelters Within The Village Commercial (C-V) Zoning District Subject To A Special Use Permit.

Recommendation:
Adopt Ordinance No. 425

7. Cooperative Agreement With County Of San Bernardino For Funding The Design And Construction Of The Yucca Loma Road Regional Storm Drain Facility

Recommendation:
That the Town Council approve and adopt the attached agreement with the County of San Bernardino for Design and Construction of the proposed Yucca Loma Road Regional Storm Drain Facility and authorize its execution by the Mayor, Town Manager, Town Attorney and Town Clerk.

8. Acceptance Of Work, Notice Of Completion And Release Of Retention For The Town Of Apple Valley Public Works Facility

Recommendation:
1. Accept the work of the attached 17 prime contractors for the work performed at the Public Works Facility; release the total retention in the amount of $196,014.69.

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

3. Direct the Finance Director to release retained funds 30 days after the filing of the Notice of Completion, or notify prime contractors escrow account holders to release the withheld retention funds provided no claims are filed against the contractor or Town.

9. Adopt Ordinance No. 424, Modifying Chapter 6.20 Of The Town Of Apple Valley Municipal Code, Solid Waste Regulations, And Establishing Mandatory Commercial Recycling.

Recommendation:
Adopt attached Ordinance No. 424, Modifying Chapter 6.20 of the Town of Apple Valley Municipal Code, Solid Waste Regulations, and establishing mandatory commercial recycling.

10. Request For Proposal For Professional Services For Recruitment Of The Town Manager Position

Recommendation:
Direct staff to proceed with the Request for Proposal for professional services.

11. Submission Of CalHome Program Application To The California Department Of Housing And Community Development (HCD)

Recommendation:
That the Town Council adopt Resolution 2011-51 authorizing the submittal of an application to the California State Department of Housing and Community Development (HCD) for funding under the CalHome Program; and authorize the Town Manager, or designee, to execute the application, the Standard Agreement, all other documents required by HCD for participation in the CalHome Program and any amendments thereto.

12. Resolution Of The Town Council Of The Town Of Apple Valley To Open The Window Period For The Two Years Additional Service Credit In Accordance With Government Code Section 20903

Recommendation:
Adopt Resolution No. 2011-52, a Resolution of the Town Council of the Town of Apple Valley opening the designated two years additional service credit window period.

13. Adoption Of Measure I – Local Street Program Capital Improvement Plan For Fiscal Years 2011/2012 Through 2015/2016

Recommendation:
1. Approve FY 11/16 Measure I, 5-year plan

2. Adopt Resolution No. 2011-50, “A Resolution of the Town Council of the Town of Apple Valley, State of California, Adopting the Measure I Five Year Capital Improvement Program”

14. Financing Of The Victor Valley Economic Development Authority (VVEDA) Regional Marketing Program

Recommendation:
That the Mayor and Town Council appropriate $25,000 from the undesignated reserve of the General Fund for the purpose of financing Apple Valley’s share of the Victor Valley Economic Development Authority regional marketing program and that staff be authorized and directed to develop and execute all documents necessary to implement the Town Council’s direction.

PUBLIC HEARINGS

15. A Request To Consider An Amendment To Title 3 "Revenue And Finance Code" Of The Town Of Apple Valley Municipal Code Amending Sections 3.12.230 “Open Market Or Informal Bid Procedure” And 3.12.270(5) “Exceptions To Competitive Bidding Requirement” Of The Code By Amending And Establishing Provisions Allowing Local Preference For Businesses Within The High Desert/Victor Valley Area For The Promotion Of The Local Economy And To Offset Increased Costs For Local Businesses.

Recommendation:
Move to open the public hearing and take testimony.
Close the public hearing. Then:
1. Determine that, pursuant to Section 20162 of the State of California Public Contract Code and the Federal Office of Management and Budget Circular A-102, it can be determined that the Municipal Code amendment complies with the legal requirement(s) of the Public Contract Code statute and adheres to the federal grant requirements for state and local governments and nonprofit entities.

2. Find the facts presented within the staff report support the required Findings for approval of an amendment to the Municipal Code and adopt the Findings.

3. Find that the proposed Town Council Ordinance is consistent with the Goals and Objectives of the adopted Town of Apple Valley General Plan and that it is necessary to promote the local economy of the Town of Apple Valley and Victor Valley region.

4. Move to waive the reading of Ordinance 426 in its entirety and read by title only.

5. Introduce Ordinance 426, amending Chapter 3.12 “Purchases” by adding Section 3.12.290 which establishes regulations to provide for local business preference, and amending Sections 3.12.230 “Open market or informal bid procedure” and 3.17.270(5) “Exceptions to Competitive Bidding Requirement”.

6. Direct staff to file report.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

16. Happy Trails Villas Update

Recommendation:
That the Town Council receive and file this staff report regarding Happy Trails Villas.

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