October 22, 2013

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

OCTOBER 22, 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

Recommendation:

A. 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: Victor Valley Global Medical Center – Suzanne Richards

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, November 12, 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 – October 8, 2013

B. Special Meeting – October 16, 2013

Recommendation:

Approve the subject minutes as part of the consent agenda.

3.Adopt Ordinance No. 453

Recommendation:

Adopt Ordinance No. 453.

4. 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. 2013-39, a Resolution of the Town Council of the Town of Apple Valley amending Rule 6, Section 6.1.1 Sick Leave of the Personnel Policies and Procedures for the Town of Apple Valley.

5. Fee Waiver Request for the Salvation Army Thanksgiving Day Dinner November 28, 2013 at the James Woody Community Center

Recommendation:

For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $121.88.

6. Agreement Between the Town of Apple Valley and Lewis Center, for Traffic Signal Design and Construction at the Intersection of Apple Valley Road and Tuscola Road

Recommendation:

That the Town Council approve and authorize the Town Manager to execute an Agreement with the Lewis Center for Educational Research for traffic signal design and construction at the intersection of Apple Valley Road and Tuscola Road.

PUBLIC HEARINGS

7. Conditional Use Permit No. 2013-006 & Deviation No. 2013-001, A Request to Construct A Sixty-Five (65)-Foot Tall Wireless Telecommunication Facility Designed as a Clock Tower Within the Town’s Complex of Government Buildings and Deviation to Allow an Encroachment Of Approximately 620 Feet Into The Required 750-Foot Separation Requirement Between the Wireless Telecommunication Facilities.

Recommendation:

Move to open the public hearing and take testimony

Close the public hearing. Then:

1. Find that pursuant to the California environmental Quality Act (CEQA), Section 15332, Class 32, 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 Conditional Use Permit No. 2013-006 and Deviation Permit No. 2013-01.

3. Approve Conditional Use Permit No. 2013-006 and Deviation Permit No. 2013-01, subject to the attached Conditions of Approval.

4. Direct Staff to file the Notice of Exemption.

8. Public Hearing #1 – Public Input for 2014-2015 Third Year Action Plan

Recommendation:

1. Open public hearing.

2. Take public comments.

3. Close public input and commentary.

4. Close public hearing.

LEGISLATIVE MATTERS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

9. Vacancy on the Town of Apple Valley Community Development Citizens Advisory Committee (CDCAC)

Recommendation:

Council Member Stanton to nominate: , to the Town of Apple Valley Community Development Citizens Advisory Committee (CDCAC)

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

MOTION

Time:

TOWN COUNCIL AGENDA

SPECIAL MEETING OF 10/22/2013

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