August 13, 2013

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

AUGUST 13, 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.

CLOSED SESSION

1. Closed Session

A. Negotiations with Real Property Negotiator – Parcel Number(s) 3087-382-19, 3087-382-20 and 3087-382-21; Negotiating Parties: Mr. Ron Barbieri and Mr. Nick Di Cosola or Designee. Town Negotiator(s): Town Manager, Finance Director, Community Development Director or Designee. Negotiations involve both price and terms of payment.

B. 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.

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 Ebmeyer, Church of Jesus Christ Latter Day Saints, Apple Valley

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Water for the Future - Victor Valley Wastewater Reclamation Authority

PUBLIC COMMENTS

APPLE VALLEY BUSINESS ACTIVITY REPORT

COUNCILMEMBER 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, August 27, 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 – July 9, 2013

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. June 2013 - Commercial Warrants Schedule

Recommendation:

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

4. June 2013 – Payroll/Benefits Warrants Schedule

Recommendation:

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

5. Fee Waiver Request for the Autism Society of the Inland Empire

Recommendation:

For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $70.40.

6. Adopt Resolution Number 2013-30, a Resolution Amending the Records Retention Schedule for the Town Of Apple Valley, Authorizing Appropriate Document Destruction and Rescinding Resolution Number 2010-53

Recommendation:

That the Town Council approve and adopt resolution Number 2013-30, amending the Records Retention Schedule for the Town of Apple Valley, authorizing appropriate destruction of records if consistent with the Records Retention Schedule and Rescinding Resolution Number 2010-53.

7. Approval of FY 2013-2014 Grant Management Services Agreement with Blais & Associates, Inc.

Recommendation:

That the Town Council approve the professional services agreement with Blais & Associates, Inc., for FY 2013-2014 grant management services for an amount not-to-exceed $56,700.

8. Kiowa Road Chip Seal Project Town/County Agreement

Recommendation:

Approve and sign the attached Cooperative Agreement with the County of San Bernardino for the Kiowa Road Chip Seal Project.

9. Review Plans and Bid Documents for the Yucca Loma Bridge/Yates Road Project

Recommendation:

1. Review and approve plans and bid documents for the Yucca Loma Bridge/Yates Road combined project;

2. Authorize staff to proceed with project, and solicit bids for construction.

10. Authorize the Purchase of Tax Defaulted Property for a Future Neighborhood Park

Recommendation:

That the Town Council;

1. Execute the agreement with San Bernardino County and authorize the purchase

of the parcel designated in Exhibit A for the purchase price of the not to exceed

amount of $13,050.00, and

2. Approve Budget Amendment Number 14-3 to appropriate $13,050 for purchase

of the designated parcel.

11. Agreement Between the Town of Apple Valley and the Apple Valley Unified School District for Use of the Swimming Pool

Recommendation:

Approve the updated Swimming Pool Use Agreement between the Town and the Apple Valley Unified School District (AVUSD).

12. Declare Surplus Vehicles and Authorize Disposal of Vehicles

Recommendation:

That the Town Council approve a list of vehicles as surplus and authorize the Finance Department to dispose of these vehicles in the manner that best suits the Town financially.

PUBLIC HEARINGS

13. A Request to Consider an Amendment to the Development Code as it Pertains to Internet-Cafe’s, and Hookah Bar and Lounges as Regulated Uses Subject to Approval of a Special Use Permit

Recommendation:

Move to open the public hearing and take testimony;

Close the public hearing; then

1. Determine that, based upon the State Guidelines to Implement the California Environmental Quality Act (CEQA), an Exemption Declaration has been prepared in compliance with the California Environmental Quality Act (CEQA) and State Guidelines for the Implementation of CEQA for a request to consider an amendment to Title 9 of the Development Code pertaining to Internet-Cafes, and Hookah Bars/Lounges as regulated uses, subject to approval of a Special Use Permit within the Town of Apple Valley; and

2. Determine that pursuant to Section 15061(b)(3) of the State Guidelines to implement the California Environmental Quality Act (CEQA), which states 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, the proposed Code Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.

3. Find the facts presented within the staff report, including the attached Planning Commission staff report for May 15, 2013, support the required Findings for approval to amend Title 9 of the Development Code pertaining to Internet-Cafes, and Hookah Bars/Lounges as regulated uses, subject to approval of a Special Use Permit and adopt the required findings;

4. Approve Town Council Ordinance No. 450, amendment to Title 9 of the Development Code as it pertains to Internet-Cafes, and Hookah Bars/Lounges as regulated uses subject to approval of a Special Use Permit;

5. Move to waive the reading of Ordinance No. 450, in its entirety and read by title only.

7. Introduce Ordinance No. 450, approving Development Code Amendment No. 2013-01; and

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

14. Adopt Resolution 2013-32, A Resolution To Record Delinquent Animal Control Fees, Utility Fees And Costs And Code Enforcement Fees Against Real Property Located In The Town Of Apple Valley And Directing That Said Assessments Constitute A Lien Upon Said Properties

Recommendation:

That the Town Council:

1. Open Public Hearing; Close the Public Hearing

2. Adopt Resolution No. 2013-32, confirming delinquent utility fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties.

15. Lighting and Landscape Assessment District #1 – Engineer’s Annual Report and Levy of Assessment for FY 2013-2014

Recommendation:

1. Conduct the public hearing; and

2. Adopt Resolution No. 2013-31, a Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2013-2014.

LEGISLATIVE MATTERS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

16. Wal-Mart Initiative Measure

Recommendation:

Provide direction to staff.

17. Commercial Vehicle Parking Discussion

Recommendation:

Provide direction to staff.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

ADJOURNMENT