APPLE VALLEY TOWN COUNCIL/
JULY 9, 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.
A. Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to
litigation pursuant to subdivision (b) of Section 54956.9 (one or more potential cases).
TOWN COUNCIL REGULAR SESSION
CALL TO ORDER THE REGULAR SESSION OF THE TOWN COUNCIL MEETING – 6:30 p.m.
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)
PLEDGE OF ALLEGIANCE:
Employee of the Quarter – Darryl Wright – Grounds Services Worker III
Update from Apple Valley Ranchos Water (AVRW) – Mr. Scott Weldy
COUNCILMEMBER COMMITTEE/COMMISSION PARTICIPATION
TOWN COUNCIL ANNOUNCEMENTS
Suggested items for future agenda:
Time, Date & Place for Next Town Council Regular or Special Meeting:
A. Regular Meeting – Tuesday, July 23, 2013
(If July meeting is cancelled, August 13, 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.
Approve the subject minutes as part of the consent agenda.
3. May 2013 - Commercial Warrants Schedule
That the Town Council receive, ratify, and file the Commercial Warrants Schedule as presented.
4. May 2013 – Payroll/Benefits Warrants Schedule
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.
That the Town Council receive and file the May 2013 Treasurer’s Report.
That the Town Council:
1. Accept the work of the contractor for the work performed at the AD#3A Sewer Lift Station No.1 to install a Protective Wall; release the total retention in the amount of $2,338.75.
2. Direct the Town Clerk to file a Notice of Completion for the 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 contractors escrow account holders to release the withheld retention funds provided no claims are filed against the contractor or Town.
That the Town Council adopt Resolution No. 2013-28, Approving the Levy and Collection of Assessments for Fiscal Year 2013-14 within the Apple Valley Village Property and Business Improvement District (PBID).
8. Claimant – David Servantez
Reject the claim from David Servantez
Award a contract to Cooley Construction, Inc. in the amount of $90,865.70 for the Apple Valley Road and Town Center Drive Improvements – Project No. 2013-03, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
10.Extension of Interim Urgency Ordinance No. 447 for an Additional 10 Months and 15 Days to Continue for this Period the Temporary Amendments to the Town’s Development Code Clarifying the Scope of the Town’s Regulation of Medical Marijuana Dispensaries in Compliance with Federal and State Law and California Case Law.
That the Town Council hold a public hearing and adopt, by four fifths vote, the attached ordinance extending the Town’s interim forty-five (45) day urgency ordinance clarifying the scope of the Town’s prohibition of medical marijuana dispensaries (MMD) to: (a) expressly prohibit facilities or offices that handle or process the paperwork for joining a medical marijuana dispensary or medical marijuana cooperative, receive any financial compensation or donation for the marijuana, or give vouchers or other indicia of membership to new members of these MMDs and (b) expressly prohibit mobile or off-site delivery of marijuana independent from these facilities or offices for an additional period of ten (10) months and fifteen (15) days, to May 27, 2014.
Adopt Resolution Number 2013-29, a Resolution of the Town Council of the Town of Apple Valley, California, amending and establishing specified fees for Town services for Fiscal Year 2013-2014.
Nominate one Council Member as voting delegate and two Council Members as voting alternates representing the Town of Apple Valley to the League of California Cities’ 2013 Annual Conference.
REPORTS, REQUESTS AND COMMUNICATIONS
BUSINESS OF THE COUNCIL
13. Development Impact Fee Discussion
Receive and file and provide direction to staff.
14. Report on Commercial Scale Photovoltaic Projects
Move to receive and file the report.
15.Discussion on Private Alleys
Provide direction to staff.
16. Discussion of Cancellation of Town Council Meeting of July 23, 2013
Provide direction to staff.
TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE
DEPARTMENTAL REPORTS AND BUSINESS:
TOWN COUNCIL AGENDA
REGULAR MEETING OF 7/9//2013
Page 5 of 5
Page 1 of 1