Special Meeting - April 30, 2013

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AGENDA


APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY


APRIL 30, 2013


CLOSED SESSION BEGINS AT 5:00 P.M.

SPECIAL 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

    CLOSED SESSION WILL BE MOVED TO THE END OF THE MEETING.

A.     Conference with Legal Counsel – Existing Litigation - Pursuant to paragraph (1) of subdivision (d)of Government Code Section 54956.9. Case Name: Trojan Wellness, Inc. v. Town of Apple Valley, et al. Case Number: San Bernardino County Superior Court Case No. CIVVS 1204476.

TOWN COUNCIL SPECIAL SESSION


CALL TO ORDER THE SPECIAL 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: Bishop Bruce Ebmeyer, Church of Jesus Christ of Latter-Day Saints


PLEDGE OF ALLEGIANCE:


PRESENTATIONS:


Employee of the Quarter – Debra Thomas – Deputy Town Clerk


Certificate of Appointment – Town of Apple Valley Equestrian Committee – Barbara Betterley


Presentation - Shake, Rattle, and Roll – Church of Jesus Christ Of Latter-Day Saints –Dave Faylor


PUBLIC COMMENTS


APPLE VALLEY CHAMBER OF COMMERCE – BUSINESS RETENTION UPDATE


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, May 14, 2013

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 – April 9, 2013

Recommendation:

Approve the subject minutes as part of the consent agenda.


3. Amendment to Professional Services Agreement for Solution Strategies for the Preparation of the Multi-Species Habitat Conservation Plan

Recommendation:

Approve the amendment to the Professional Services Agreement for Solution Strategies allocating additional funds in the amount of $163,000, which would cover unpaid deferred costs since June 2011 for the preparation of the Multi-Species Habitat Conservation Plan (MSHCP). The additional amount to the Solution Strategies contract will pay for soft costs rendered by them in continuing on with the progression to complete the plan.


4. Development Agreement for Acquisition and Rehabilitation of a Foreclosed 4-Unit Multi-Family Dwelling Located at 16022 Sago Road for Resale to Family Assistance Program, A California Non-Profit Benefit Corporation

Recommendation:

That the Town Council approve the attached Development Agreement between the Town of Apple Valley and Family Assistance Program for the Acquisition/Rehabilitation of a 4-Unit Multi-Family Dwelling located at 16022 Sago Road under the Neighborhood Stabilization Program 3 funding as identified in the Town’s Five Year Consolidated Plan 2010-2011.


5. CLAIMANT – EZEL TINSLEY

Recommendation:

Reject the claim from Ezel Tinsley


6. Award Contract for AD3A-1 Lift Station Protective Wall Improvements

Recommendation:

That the Mayor and Town Council accept the bid submitted by TSR Construction & Inspection for the Town’s AD3A-1 Lift Station Protective Wall Improvements, and award a contract for the project to TSR Construction & Inspection subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.


7. Award Contract for Landscape Maintenance at Various Locations

Recommendation:

That the Mayor and Town Council accept the bid submitted by Lawnmaster for the Town’s Landscape Maintenance Services Contract, FY 2013-14, and award a contract for the project to Lawnmaster subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager


8. Approve Grant Of Easement Documents With Victor Valley Wastewater Reclamation Authority For The Sub-Regional Wastewater Treatment Plant And Percolation Ponds

Recommendation:

Approve and authorize the Town Manager to sign the grant of easement documents between the Town of Apple Valley (Town) and Victor Valley Wastewater Reclamation Authority (VVWRA) for the sub-regional wastewater treatment plant and sub-regional percolation ponds.


9. Franchise Tax Board/ Town Business Tax Reciprocal Agreement

Recommendation:

Adopt Resolution No. 2013-18, approving the Franchise Tax Board (FTB) reciprocal agreement for the Town’s participation in the local government business license information sharing program and authorizing the Assistant Town Manager to sign the agreement.


PUBLIC HEARINGS


10.Final Public Hearing – Consolidated Plan Second-Year Action Plan for the Community Development Block Grant (CDBG) and the Home Investment Partnerships (HOME) Programs for Fiscal Year 2013-2014

Recommendation:

1. Open public hearing.

2. Close public hearing.

3. That the Town Council approve the Community Development Citizen Advisory Committee recommendations for funding proposed projects under the 2013-2014 CDBG and HOME programs as part of the Town’s Second-Year Action Plan, which is an integral component of the Consolidated Plan; approve the draft Action Plan and authorize the Town Manager to execute all necessary HUD documents on behalf of the Town.


LEGISLATIVE MATTERS


None


REPORTS, REQUESTS AND COMMUNICATIONS


BUSINESS OF THE COUNCIL


11. Adopt Resolution 2013-16, A Resolution Of The Town Council Of The Town Of Apple Valley, California, Amending The Joint Exercise Of Powers Agreement For The Victor Valley Wastewater Reclamation Authority

Recommendation:

Adopt Resolution 2013-16, a Resolution of the Town Council of the Town of Apple Valley, California, amending the Joint Exercise of Powers Agreement for the Victor Valley Wastewater Reclamation Authorty.


12. Request to Adopt Resolution 2013-17 In Support of the City of Victorville’s Petition to the California Energy Commission to Extend the Construction Deadline for the Victorville 2 Hybrid Power Project

Recommendation:

Adopt Resolution No. 2013-17, a Resolution of the Town Council of the Town of Apple Valley, California, in support of the petition recently filed by the City of Victorville with the California Energy Commission (CEC) to extend the construction deadline for the Victorville 2 Hybrid Power Project for a period of five (5) years.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

CLOSED SESSION

1. Closed Session

A. Conference with Legal Counsel – Existing Litigation - Pursuant to paragraph (1) of subdivision (d)of Government Code Section 54956.9. Case Name: Trojan Wellness, Inc. v. Town of Apple Valley, et al. Case Number: San Bernardino County Superior Court Case No. CIVVS 1204476.

ADJOURNMENT