January 14, 2014

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AGENDA

APPLE VALLEY TOWN COUNCIL/COMMUNITY RESOURCE FOUNDATION/

SUCCESSOR AGENCY

JANUARY 14, 2014

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:

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)

PUBLIC COMMENTS

CLOSED SESSION

1. Closed Session

A. Negotiations with Real Property Negotiator – Parcel Number(s): 0480-021-32, and 0479-131-07. Negotiating Parties: County Real Estate Services or Designee. Town Negotiator(s): Town Manager, or Designee. Negotiations involve both price and terms of payment.

B. Conference with Legal Counsel – Existing Litigation – Pursuant to paragraph (1) of Subdivision (d) of Government Code Section 54956.9. Case Name: Rodriguez v. Town of Apple Valley, CIVVS 1103746.

C. Conference with Legal Counsel – Significant Exposure to litigation pursuant to subdivision (b) of Section 54956.9 (one case): Town of Apple Valley vs. Ana J. Matosantos, Director of the Department of Finance.

D. Conference with Legal Counsel – Existing Litigation –Pursuant to Subdivision (d)(1) of Government Code Section 54956.9. Case Name: Town of Apple Valley v. Ortiz Lopez, CIVDS1313505.

TOWN COUNCIL REGULAR SESSION

CALL TO ORDER THE REGULAR SESSION 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: Reverend Michael Coffee, Jess Ranch Church, Apple Valley

PLEDGE OF ALLEGIANCE:

PRESENTATION:

1. Employee of the Quarter - Mary Ann Worle, Executive Secretary

2. Lion’s Club Gift of Sight Program – Ms. Lena Quinonez, Recreation Supervisor

3. September 2013 Beacon Spotlight Award Presentation – Ms. Nancy Jackson, Region Manager, Southern California Edison

4. Apple Valley Ranchos Water Update – Mr. Scott Weldy, General Manager

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, January 28, 2014 – Council Chambers

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 – December 10, 2013

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. November 2013 - Commercial Warrants Schedule

Recommendation:

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

4. November 2013 - Payroll/Benefits Warrants Schedule

Recommendation:

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

5. Treasurer’s Report – November 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 November 2013 Treasurer’s Report.

6. Adopt Ordinance No. 455 – An Ordinance of the Town Council of the Town of Apple Valley, Adoption of Regulation of Medical Marijuana Dispensaries Formalizing the Adopted Urgency Ordinance to Clarify Compliance with Federal and State Law and California Case Law

Recommendation:

Adopt Ordinance No. 455

7. Adopt Ordinance No. 456 – An Ordinance of the Town Council of the Town of Apple Valley, Revising Title 9 “Development Code” of the Town of Apple Valley Municipal Code by amending various sections within Chapter 9.74, “Signs and Advertising Displays”.

Recommendation:

Adopt Ordinance No. 456

8. Adopt Ordinance No. 457 – An Ordinance of the Town Council of the Town of Apple Valley, Amending the LCER Specific Plan to Permit a Cluster of Eighteen (18) Classroom Portals Sited as a Plaza Learning Center Development of the Existing K-12 Lewis Center for Educational Research School Site (The “Academy for Academic Excellence”).

Recommendation:

Adopt Ordinance No. 457

9. Adopt Resolution No. 2014-01, A Resolution of the Town Council of the Town of Apple Valley Amending the Personnel Policies and Procedures Manual

Recommendation:

That the Town Council adopt the attached Resolution No. 2014-01, a Resolution of the Town Council of the Town of Apple Valley amending Rule 6, Section 6.19 Vacation Buy Back of the Personnel Policies and Procedures for the Town of Apple Valley.

10. Acceptance of Work, Notice of Completion and Release of Retention for the Kiowa Road Improvements – Phase II – Project No. 2012-06

Recommendation:

That the Town Council:

1. Accept the work completed as part of the Kiowa Road Improvements – Phase II – Project No. 2012-06, for a total cost of $663,811.97.

2. Direct the Town Clerk to file the Notice of Completion for the contract work.

3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

11. CLAIMANT – Mary S. Ryan

Recommendation:

Reject the claim from Mary S. Ryan

12. Two-Year Extension of Service Agreement for Electronic Waste Recycling with Gold’n West Surplus, Inc.

Recommendation:

It is recommended that the Town Council authorize the Town Manager to execute a two-year extension of the current Service Agreement for electronic waste recycling with Gold’n West Surplus, Inc.

13. Adopt Resolution Number 2014-03, A Resolution of the Town Council of the Town of Apple Valley, California, Amending Resolution Number 2011-14, Rules 1 and 11 of the Town of Apple Valley Rules of Procedure for Town Council Meetings, Setting the Time for Closed Session Discussion to the End of the Meeting.

Recommendation:

Adopt Resolution No. 2014-03, a Resolution of the Town Council of the Town of Apple Valley, California, amending Resolution Number 2011-14, Rules 1 and 11, of the Town of Apple Valley Rules of Procedure for Town Council Meetings.

PUBLIC HEARINGS

14. A Request to Amend Title 9 "Development Code" of the Town Of Apple Valley Municipal Code Amending Section 9.29 “Specific Use Regulations for Residential Districts” of the Code by Amending the Development Standards of Photovoltaic Solar Farms within the Apple Valley Dry Lake Area within the Town of Apple Valley; and

An Amendment to the North Apple Valley Industrial Specific Plan (NAVISP) Section III “Development Standards and Guidelines” by Amending the Photovoltaic Solar Farms Development Standards.

Recommendation:

Move to open the public hearing and take testimony.

Close the public hearing. Then:

1. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because 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.

2. Find the facts presented within the staff report support the required Findings for approval of an amendment to the Development Code, and adopt the Findings.

3. Find that the proposed Town Council Ordinance is consistent with the Goals and Objectives of the adopted Town of Apple Valley General Plan and that it is necessary to preserve the health, safety and general welfare of the citizens of Apple Valley.

4. Move to waive the reading of Ordinance No. 458 in its entirety and read by title only.

5. Introduce Ordinance No. 458, revising Title 9 "Development Code" of the Town of Apple Valley Municipal Code by amending Title 9 "Development Code" of the Town of Apple Valley Municipal Code amending Section 9.29 “Specific Use Regulations For Residential Districts” of the Code related to development standards of photovoltaic solar farms within the Apple Valley Dry Lake area and an amendment to the North Apple Valley Industrial Specific Plan (NAVISP) Section III “Development Standards and Guidelines” by amending the photovoltaic solar farms development standards.

6. Direct staff to file a Notice of Exemption.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

15. Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 2013

Recommendation:

It is recommended that the Town Council receive and file the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2013.

16. Presentation of the Apple Valley Community Resource Foundation 2012-13 Annual Report

            (Apple Valley Community Resource Foundation)

Recommendation:

It is recommended that the Board receive and file the Apple Valley Community Resource Foundation Annual Report for the fiscal year ended June 30, 2013.

17. Discussion of Capital Campaign Opportunities for a Shade Structure at the Amphitheater

            (Apple Valley Community Resource Foundation)

Recommendation:

That the Board provide direction to staff.

18. Status Report on the Town of Apple Valley “Healthy Apple Valley” Program; and Adopt Resolution No. 2014-02, A Resolution of the Town Council of the Town of Apple Valley, California, Proclaiming February 2014 as American Heart Month

Recommendation:

That the Town Council receive and file the status report on the “Healthy Apple Valley” Program and adopt Resolution No. 2014-02, A Resolution of the Town Council of the Town of Apple Valley, California, proclaiming February 2014 as American Heart Month.

19. Discussion on Smoking Policy in Parks

Recommendation:

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