February 11, 2014

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AGENDA

APPLE VALLEY TOWN COUNCIL/ SUCCESSOR AGENCY

FEBRUARY 11, 2014

REGULAR MEETING 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 REGULAR MEETING

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

ROLL CALL

COUNCILMEMBERS:

Emick_____, Nassif_____, Stanton_____, Mayor Pro Tem Cusack_____, Mayor Bishop_____.

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

OPENING CEREMONIES

INVOCATION: Danotra Johnson, Victory In Jesus Bible Faith Center

PLEDGE OF ALLEGIANCE:

PRESENTATION:

Autism Awareness Presentation/Proclamation – Presented by Kisha McDonald and Gina Schwin-Whiteside

PUBLIC COMMENTS

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, February 25, 2014 – Council Chambers 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.

1. Approval of Minutes of the Town Council

A. Regular Meeting – January 28, 2014

Recommendation:

Approve the subject minutes as part of the consent agenda.

2. December 2013 - Commercial Warrants Schedule

Recommendation:

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

3. December 2013 - Payroll/Benefits Warrants Schedule

Recommendation:

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

4. Treasurer’s Report – December 2013 and Schedules of Revenues, Expenditures and Changes in Fund Balance for the Parks and Recreation Fund and the Apple Valley Golf Course Fund

Recommendation:

That the Town Council receive and file the December 2013 Treasurer’s Report.

5. Approval of Budget Amendment Number 14-14 Appropriating Calgrip Grant Funds In The Amount Of $302,445 into the Public Safety Grant Fund for Gang Reduction, Intervention and Prevention Activities

Recommendation:

That the Town Council;

1) Approve acceptance of CalGRIP Grant funding in the amount of $302,445.00, and

2) Approve Budget Amendment Number 14-14 appropriating the CalGRIP grant funds in the amount of $302,445.00 into the Public Safety Grant Fund.

PUBLIC HEARINGS

6. Appeal of the Planning Commission’s Approval of a Request to Amend Condition of Approval No. 35 Of Tract Map No. 14582, Requiring a Two Hundred (200)-Foot Building Setback from San Bernardino County Flood Control District Right-of-Way by Allowing a Seventy-Five (75)-Foot Setback.

Recommendation:

Move to open the public hearing and take testimony.

Close the public hearing. Then:

1. Find that pursuant Section 15061(b)(3) of the California environmental Quality Act (CEQA), that the amendment is not anticipated to have any direct or indirect impact upon the environment, as it has been determined that the proposed request is Exempt from further environmental review.

2. Find the Facts presented in the staff report support the required Findings for approval and adopt the Findings for Tract Map No. 14582 Amendment No. 3.

3. Approve Tract Map No. 14582 Amendment No. 3, subject to the Conditions of Approval as approved by the Planning Commission on December 18, 2013.

7. Resolution 2014-04, a Resolution of the Town Council of the Town of Apple Valley, to Record Delinquent 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:

Move to open the public hearing and take testimony.

Close the public hearing. Then:

That the Town Council Adopt Resolution No. 2014-04, confirming delinquent utility fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties.

8. Adopt Resolution No. 2014-05 - A Resolution of The Town Council of The Town of Apple Valley, California, Establishing Specified Program Fees For Certain Park and Recreation Services for the 2013-14 Fiscal Year

Recommendation:

Move to open the public hearing and take testimony.

Close the public hearing. Then:

Adopt Resolution No. 2014-05, A Resolution of the Town Council of the Town of Apple Valley, California, Establishing Specified Program Fees for Certain Park and Recreation Services for 2013-2014 Fiscal Year.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

9. Introduce Ordinance No. 459 - An Ordinance of The Town Council of The Town of Apple Valley Amending Chapter 11.68 Use of Park And Recreation Facilities of The Apple Valley Municipal Code.

1. Move to waive the reading of Ordinance No. 459 in its entirety and read by title only.

2. Move to introduce Ordinance No. 459 amending Chapter 11.68 Use of Park and Recreation Facilities of the Apple Valley Municipal Code.

10. Discussion of Churches and Assembly Uses located in Commercial Zones

Recommendation:

Provide staff with direction regarding proceeding with a Development Code Amendment.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

CLOSED SESSION

11. Closed Session:

A. Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to litigation pursuant to paragraph (3) of subdivision (d) of Section 54956.9 (one or more potential cases).

ADJOURNMENT



 

MOTION



 

Time: