APPLE VALLEY TOWN COUNCIL/
NOVEMBER 12, 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.
A. Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to litigation pursuant to subdivision (b) of Section 54956.9 (one or more potential cases).
B. Conference with Legal Counsel – Existing Litigation –Pursuant to Subdivision (d) of Government Code Section 54956.9. Case Name: Town of Apple Valley v. House of Zen Medical Community Patients Association, CIVDS 1310022.
TOWN COUNCIL REGULAR SESSION
CALL TO ORDER THE REGULAR SESSION OF THE TOWN COUNCIL MEETING – 6:30 p.m.
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)
PLEDGE OF ALLEGIANCE:
Certificate of Appointment – Ms. Jill Hemingway, Community Development Citizens Advisory Committee
Community Calendar Winners – Charlene Engeron, Public Relations Specialist
COUNCILMEMBER COMMITTEE/COMMISSION PARTICIPATION
TOWN COUNCIL ANNOUNCEMENTS
Suggested items for future agenda:
Time, Date & Place for Next Town Council Regular or Special Meeting:
A. Regular Meeting – Tuesday, December 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.
Approve the subject minutes as part of the consent agenda.
That the Town Council:
A. Approve the National Pollution Discharge Elimination System (NPDES) Stormwater Permit
Implementation Agreement with the County of San Bernardino (County) and the cities of
Victorville and Hesperia, collectively known as the Mojave River Watershed Group.
B. Authorize the Mayor to execute the Agreement.
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.
That the Town Council receive, ratify, and file the Commercial Warrants Schedule as presented.
That Town Council receive and file the September 2013 Treasurer’s Report.
That the Town Council:
A. Approve FY 2013/2014 through 2017/2018 Measure I, 5-year plan.
B. Adopt Resolution No. 2013-41, “A Resolution of the Town Council of the Town
of Apple Valley, State of California, Adopting the Measure I Five Year Capital
8. A Request To Revise Title 9 “Development Code” Of The Town Of Apple Valley Municipal Code By Amending Subsection “B” Of Table 9.28.030-A “Permitted Uses” Within Section 9.28, “Residential Districts” As It Relates To Permitted Uses Within Residential Districts That Require Animal Keeping Permits In The Town Of Apple Valley
Move to open the public hearing and take testimony.
Close the public hearing. Then:
A. 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 environment, the activity is not subject to CEQA.
B. 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.
C. 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.
D. Move to waive the reading of Ordinance No. 454 in its entirety and read by title only.
E. Introduce Ordinance No. 454, revising Title 9 “Development Code” of the Town of Apple Valley, Municipal Code by amending Subsection “B” of Table 9.28.030-A “Permitted Uses” within Section 9.28 “Residential Districts” as it relates to permitted uses within residential districts that require Animal Keeping Permits in the Town of Apple Valley.
F. Direct staff to file a Notice of Exemption.
That the Town Council:
A. Conduct the required public hearing.
B. Adopt attached Resolution No. 2013-40 accepting the COPS grant in the amount of
$112,380 and authorize the allocation of the funds to the FY 2013-14 Supplemental Law
Enforcement Services Funds (SLESF) to supplement the Juvenile Officer position.
REPORTS, REQUESTS AND COMMUNICATIONS
BUSINESS OF THE COUNCIL
That the Town Council approve the following list of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funding priorities, as established in the Strategic Plan, to be used as a guideline by the Community Development Citizens Advisory Committee (CDCAC) in making recommendations to the Town Council for the 2014-2015 Action Plan.
1. Preserve the existing Housing Stock.
2. Expand the supply of affordable Housing.
3. Assist in reducing housing costs for extremely low and low- income households.
4. Assist special needs persons with reducing housing costs and with meeting their Rehabilitation needs.
5. Increase Affordable Homeownership Opportunities.
6. Eliminate blighted conditions and Substandard Housing through enhanced Code Enforcement activities and demolition.
7. Provide shelter and related services to meet the needs of the Homeless population and support the development of a Continuum of Care System on a Region-Wide Basis.
8. Affirmatively Further Fair Housing to ensure equal access to Housing for Low Income, Ethnic Minorities and Special Needs Groups.
9. Coordinate public and private efforts to reduce Lead-Based Paint Hazards and protect young children.
10. Create safer, more attractive and more accessible neighborhoods and stimulate Economic growth through the improvement of infrastructure.
11. Provision of Public Facilities and Park Improvements.
12. Address Public Service Needs.
13. Expand the economic base and promote greater employment opportunities for residents.
That the Town Council award a contract to Security Paving Company, Inc. for the Yucca Loma Bridge over the Mojave River and Yates Road Improvements construction services in an amount not to exceed $ 37,265,833.50 (thirty seven million, two hundred sixty-five thousand, eight hundred thirty-three dollars, and fifty cents).
TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE
DEPARTMENTAL REPORTS AND BUSINESS: