January 24, 2012

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

January 24, 2012


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 Section 2.04.030 of the Town of Apple Valley Municipal Code 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/REDEVELOPMENT AGENCY CLOSED SESSION

CALL TO ORDER

ROLL CALL

COUNCILMEMBERS/BOARDMEMBERS:

Emick_____, Nassif_____, Roelle_____, Mayor Pro Tem Coleman_____, Mayor Stanton_____.

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

PUBLIC COMMENTS

CLOSED SESSION

1. Closed Session

A. Conference with Legal Counsel – Anticipated Litigation pursuant to subdivision (b) of the Government Code Section 54956.9 (one or more potential cases).

B. Public Employee Discipline/Dismissal/Release.

C. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluations. Title: Town Manager.

TOWN COUNCIL/REDEVELOPMENT AGENCY REGULAR SESSION

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

ROLL CALL

COUNCILMEMBERS/BOARDMEMBERS:

Emick_____, Nassif_____, Roelle_____, Mayor Pro Tem Coleman_____, Mayor Stanton_____.

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

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

A. Employee of the Quarter – Presented to Christine McCaffrey, Office Assistant

B. Employee of the Year Presented - Lena Quinonez, Recreation Supervisor – To be recognized by Senator Sharon Runner

C. Certificate of Appreciation – Tree of Lights - Agio Realty

D. Teen Zone Awards Presentation – Alicia Dannelley, Recreation Assistant

SPECIAL ANNOUNCEMENTS:

PUBLIC COMMENTS

APPLE VALLEY CHAMBER OF COMMERCE – BUSINESS RETENTION UPDATE

COUNCILMEMBER COMMENTS AND COMMITTEE/COMMISSION PARTICIPATION

Boards, Committees and Commissions

TOWN COUNCIL ANNOUNCEMENTS

Suggested items for next agenda:

Time, Date & Place for Next Town Council Regular Meeting:

A. Regular Meeting – Tuesday, February 14, 2012 – Council Chambers

Closed Session at 5:00 p.m.

Regular Session at 6:30 p.m.

TOWN COUNCIL/REDEVELOPMENT AGENCY 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 – January 10, 2012

B. Joint Special Meeting – January 11, 2012

C. Special Meeting – January 17, 2012

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Adopt Ordinance 427 of the Town Council of the Town of Apple Valley, California, Amending the Official Zoning Map by Changing the Zoning Designation from Planned Industrial (I-P) to Specific Plan (SP) for the Amendment Area; and Adopt Ordinance 428 of the Town Council of the Town of Apple Valley, California, Adopting Specific Plan No. 2005-001 Amendment No. 5, The North Apple Valley Industrial Specific Plan.

Recommendation:

Adopt Ordinance No. 427 and Ordinance No. 428

4. Approve The Local Appointment List (Maddy Act) For The Town Of Apple Valley Regular And Ongoing Boards, Commissions And Committees

Recommendation:

That the Town Council approve the Local Appointment List (Maddy Act) as presented.

5. Adoption of Policy for Sponsorship and Naming/Renaming for Town Facilities and Programs

Recommendation

Adopt Sponsorship and Facility Naming/Renaming Policy.

6. Acceptance Of Work, Notice Of Completion And Release Of Retention For The Traffic Signal At Bear Valley Road And Deep Creek Road, Town Project 2010-02.

Recommendation:

1. Accept the work for the traffic signal and roadway improvements included in the Traffic Signal at Bear Valley Road and Deep Creek Road for a total cost of $175,062.42

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

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

7. Claimant – Linda Jones

Recommendation:

Reject the claim of Linda Jones.

8. Resolution Of The Town Council Of The Town Of Apple Valley Amending The Personnel Policies And Procedures Manual

Recommendation:

Adopt Resolution No. 2012-05, a Resolution of the Town Council of the Town of Apple Valley Amending the Personnel Policies and Procedures Manual, Sections 3.23, 6.1, and Rule 15.

PUBLIC HEARINGS

9. A Request To Revise Title 9 “Development Code” Of The Town Of Apple Valley Municipal Code By Amending Section 9.31.030, “Single Family Architectural Design Standards”, Of Chapter 9.31 “Residential Design Standards”, To Incorporate Provisions Related To The Town Of Apple Valley Planning Commission Metal Roof Policy Statement.

Recommendation:

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. 430 in its entirety and read by title only.

5. Introduce Ordinance No. 430, revising Title 9 "Development Code" of the Town of Apple Valley Municipal Code by amending Section 9.31.030, “Single Family Architectural Design Standards”, of Chapter 9.31 “Residential Design Standards”, to incorporate provisions related to the Town of Apple Valley Planning Commission Metal Roof Policy Statement.

6. Direct staff to file a Notice of Exemption.

10. A Request To Modify Title 9 “Development Code” Of The Town Of Apple Valley Municipal Code By Amending Chapter 9.78 “Wind Energy Conversions Systems (Wecs)” As It Relates To The Installation And Permitting Requirements Of Roof-Mounted Wind Energy Conversion Systems Located Within The Town Of Apple Valley.

Recommendation:

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. 431 in its entirety and read by title only.

5. Introduce Ordinance No. 431, amending Title 9 "Development Code" of the Town of Apple Valley Municipal Code Section 9.78 “Wind Energy Conversion Systems (WECS)” as it relates to the site development standards and permitting requirements for all roof-mounted wind energy conversion systems located within the Town of Apple Valley.

6. Direct staff to file a Notice of Exemption.

11. An Ordinance Of The Town Council Of The Town Of Apple Valley, Amending Title 5, Chapter 5.06 Of The Apple Valley Municipal Code To Establish Franchise Fees, Public Access Support Fees And Customer Service Penalties For State Franchise Holders Providing Video Service Within The Town Of Apple Valley

Recommendation:

1. Move to waive the reading of Ordinance No. 429 in its entirety and read by title only.

2. Move to introduce Ordinance No. 429, amending Title 5, Chapter 5.06 of the Town of Apple Valley Municipal Code to establish franchise fees, public access support fees and customer service penalties for state franchise holders providing video service within the Town of Apple Valley, and further to update the Ordinance to comply with changes in the Digital Infrastructure and Video Competition Act (DIVCA).

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

12. Status of Redevelopment Dissolution Activities

Recommendation:

That the Town Council/Redevelopment Agency Board of Directors receive, and file, this staff report.

13. The Town Council Of The Town Of Apple Valley Acting As The Successor Agency Of The Apple Valley Redevelopment Agency Approving And Adopting An Amendment To Its Enforceable Obligation Payment Schedule Pursuant To Part 1.8 Of Division 24 Of The California Health And Safety Code As Provided By Abx1 26

Recommendation:

That the Town Council adopt the attached Resolution No. 2012-06 revising the previously adopted Enforceable Obligation Payment Schedule (“EOPS”) and to extend the operative period of the EOPS from April 30, 2012 to June 31, 2012.

14. Apple Valley Chamber Of Commerce Agreement For Business Retention Services

Recommendation:

That the Town Council Consider Alternative Funding Sources for the Agreement Between the

Town and the Apple Valley Chamber Of Commerce for Business Retention Professional

Services Agreement in an Amount Not To Exceed $31,400.

15. Request for Proposal for Professional Services for Recruitment of the Town Manager Position

Recommendation:

Direct staff to proceed with the Request for Proposal for professional services.

16. Request For Qualifications, Golf Course Management Services

Recommendation:

Authorize And Direct Staff To Circulate A Request For Qualifications For Management And Operation Proposals For The Apple Valley Golf Course.

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