August 27, 2013

Print

AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

AUGUST 27, 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.

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

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:

PLEDGE OF ALLEGIANCE:

PRESENTATION: Teen Volunteer Recognition Awards – Alicia Dannelley, Recreation Assistant

Public Health Update – Kevin Mahany, St. Mary’s Hospital

PUBLIC COMMENTS

APPLE VALLEY CHAMBER OF COMMERCE – BUSINESS RETENTION UPDATE

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, September 10, 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 – August 13, 2013

B. Special Meeting – August 15, 2013

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Adopt Ordinance No. 450 - An Ordinance of The Town Council of the Town Of Apple Valley Amending Title 9 Of The “Development Code” of The Town of Apple Valley Municipal Code, By Modifying The Development Code As It Pertains To Internet-Cafes, And Hookah Bars/Lounges As Regulated Uses, Subject To Approval of A Special Use Permit

Recommendation:

That the Town Council adopt Ordinance No. 450.

4. Telephone System Update

Recommendation:

Authorize the Town Manager to proceed with the purchase of the budgeted new telephone systems as approved in Fiscal Year 2013-14 budget.

5. Amendment No. 1 to Agreement 07-1076 with San Bernardino County Public Works Department to include additional tasks relating to Environmental Studies and Preliminary Engineering for the Yucca Loma Bridge and Yates Road

Recommendation:

That the Town Council approve Amendment No. 1 to existing Agreement 07-1076, with San Bernardino County.

6. Amendment No. 2 to Agreement 11-238 with San Bernardino County Public Works Department to Include Additional Tasks Relating to Final Design and Right-of-Way Acquisition for the Yucca Loma Bridge and Yates Road

Recommendation:

That the Town Council approve Amendment No. 2 to existing Agreement 11-238 with San Bernardino County.

7. Application to San Bernardino Associated Governments (SANBAG) for Local Transportation Funds – Article 8 – Other Purpose Claim

Recommendation:

Authorize the Assistant Town Manager - Finance & Administration to apply for remaining Local Transportation Funds – Article 8 – Other Purpose Claim in the amount of $969,496 for Fiscal Year 2012-13.

8. Acceptance of Sewer Master Plan Update

Recommendation:

That the Town Council accept the Sewer System Master Plan Update as complete and receive and file.

PUBLIC HEARINGS

9. Ordinance No. 451 – An Ordinance of the Town Council Amending Development Code Section 9.29.160 for Compliance with Federal and State Fair Housing Laws

Recommendation:

That the Town Council approve an ordinance amending Development Code Section 9.29.160 for compliance with Federal and State Fair Housing laws (Development Code Amendment No. 2013-004).

10. Appeal of the Intent to Revoke Business License #00011876 Issued to Royal Internet Cafe

Recommendation:

1. Find the Facts presented within the staff report for the Council hearing of August 27, 2013 and the record as a whole as discussed by the Council, support the recommendation to revoke Business License #00011876; and

2. Deny the appeal of Mr. John Hawara, Royal Internet Café, and uphold the recommendation of the Town of Apple Valley.

LEGISLATIVE MATTERS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

11. Discussion on Private Alleys

Recommendation:

That the Town Council:

A. Receive and file report.

B. Provide direction to staff.

12. Discussion Regarding Collaboration with the High Desert Communities Regarding Solar Farms

Recommendation:

That the Town Council provide direction to staff.

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