October 8, 2013

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

OCTOBER 8, 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.

CLOSED SESSION

1. Closed Session

A. Conference with Legal Counsel – Existing Litigation – Pursuant to subdivision (d) of Government Code Section 54956.9.  Case Names: Trojan Wellness, Inc., et al. v. The Town of Apple Valley, CIVVS 1204476 and Town of Apple Valley v. House of Zen Medical Community Patients Association, CIVDS 1310022.

B. Negotiations with Real Property Negotiator – Property located at 15200 Rancherias Road, Apple Valley; Negotiating Parties: Golden Round Eye Management Company, Mr. Steve Mortimore and Sierra Golf Management Company, Mr. Jeff Christensen; Negotiator(s): Town Manager or Finance Director or Designee. Negotiations involve both price and terms of payment.

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:

Pastor Danotra Johnson, Victory in Jesus Bible Faith Center, Apple Valley

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Employee of the Quarter – Roberta McComas – Human Resources Payroll Coordinator

Employee of the Quarter – Lee Weast – Code Enforcement Officer II

Presentation – Event Sponsor Recognition – Kathie Martin

Presentation – Town of Apple Valley - 25th Anniversary – Kathie Martin

Presentation – Victor Valley Global Medical Center – Suzanne Richards

PUBLIC COMMENTS

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, October 22, 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 – September 10, 2013

Recommendation:
Approve the subject minutes as part of the consent agenda.

3. Resolution No. 2013-38 – A Resolution of the Town Council of the Town of Apple Valley, California, Approving of the Disposition of Surplus Property located at 13643 Tonikan Road (APNs 3087-382-19, 3087-382-20, 3087-382-21) and 22411 Highway 18 (APNs 3087-382-15, 3087-382-16, 3087-382-17) in the Town of Apple Valley, California and Authorizing the Town Manager to Execute the Disposition Agreements for the Properties and Take any Further Actions Necessary to Carry Out Such Dispositions.

Recommendation:
That the Town Council adopt Resolution No. 2013-38, A Resolution of the Town Council of the Town of Apple Valley, California, approving the disposition of surplus property located at 13643 Tonikan Road (APNs 3087-382-19, 3087-382-20, 3087-382-21) and 22411 Highway 18 (APNs 3087-382-15, 3087-382-16, 3087-382-17) and authorizing the Town Manager to execute the purchase agreements for the properties and take any further actions necessary to carry out such dispositions.

4. Public Hearing No. 1 (Consolidated Plan – 2014-2015 Third Year Action Plan) – Establishing Date and Time Certain

Recommendation:
That the Town Council establish October 22, 2013 at 6:30 p.m., as the date and time certain for the purpose of conducting the first of two (2) Community Development Block Grant (CDBG) and HOME Investment Partnerships Programs (HOME) public hearings necessary to develop the Town’s Consolidated Plan/ Third Year Action Plan for FY 2014-2015.

5. Fee Waiver Request For Conditional Use Permit Application Fees – Poot Trucking (13643 Tonikan Road)

Recommendation:
For good cause shown, approve the waiver of the Conditional Use Permit Application Fee/Deposit of $3,045.00.

6. Acceptance of Work, Notice of Completion and Release of Retention for the Summer 2013 Micro Surface Project, Project Number 2013-14

Recommendation:
That the Town Council:

1. Accept the Summer 2013 Micro Surface Project work as completed for a total cost of $970,000.

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. Acceptance of Work, Notice of Completion and Release of Retention for the Spring 2013 Micro Surface Project, Project Number 2012-13

Recommendation:
That the Town Council:

1. Accept the Spring 2013 Micro Surface Project work as completed for a total cost of $969,998.

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.

8. Acceptance of Work, Notice of Completion and Release of Retention for the Highway 18 Median Improvement Project 2012-12 Pawnee Road to Central Road

Recommendation:
That the Town Council:

1. Accept the Highway 18 Median Project as completed for a total cost of $970,963.

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.

9. Acceptance of Work, Notice of Completion and Release of Retention for the Apple Valley Road and Town Center Drive Improvements – Project No. 2013-03

Recommendation:
That the Town Council:

1. Accept the work completed as part of the Apple Valley Road and Town Center Drive Improvements – Project No. 2013-03, for a total cost of $94,949.43.

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.

10.Claimant – Destiny Lovato

Recommendation:
Reject the claim from Destiny Lovato.

11. Appropriation of Asset Seizure Funds

Recommendation:
That the Town Council approve the attached Budget Amendment No. 14-06 appropriating available Asset Seizure Fund resources for the purchase of office equipment and other expenditures as discussed herein.

12. Adopt Ordinance 452 – An Ordinance of the Town Council of the Town of Apple Valley Amending Chapter 12.38 Commercial Vehicle Parking of the Apple Valley Municipal Code

Recommendation:
Adopt Ordinance No. 452.

13. Apple Valley Chamber of Commerce Agreement for Business Retention Services

Recommendation:
Approve an Agreement for Business Retention Services between the Town of Apple Valley Chamber of Commerce in an amount not to exceed $21,600.

14. August 2013 - Payroll / Benefits Warrants Schedule

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

15. August 2013 - Commercial Warrants

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

PUBLIC HEARINGS

16. Housing Element Update and Compliance with SB 244 (General Plan Amendment No. 2013-001)

Recommendation:
Move to open the public hearing and take testimony.

Close the public hearing. Then:

1. Determine that, in accordance with the California Environmental Quality Act (CEQA) an initial study has been prepared and it has been determined that the proposed General Plan Amendment will not have a significant effect on the environment and that a Negative Declaration has been prepared, reviewed and recommended for adoption by the Planning Commission;

2. Find the facts presented within the staff report, including the attached Planning Commission staff report for August 21, 2013, support the required findings for approval of the proposed General Plan Amendment and adopt the Findings;

3. Adopt Resolution No. 2013-37 approving General Plan Amendment No. 2013-001, amending the General Plan Housing Element for the 2014-2021 planning cycle and the Land Use Element for compliance with SB 244; and

4. Direct staff to file a Notice of Determination.

17. An Ordinance of the Town Council of the Town Of Apple Valley, California, Amending Title 8 of the Town of Apple Valley Municipal Code by Amending Chapters 8.10, 8.12, 8.16, 8.18, 8.21, 8.22, And 8.26, Adopting as Modified the 2013 Edition of the California Building Code Volumes 1, 2 Including the Appendix and Standards, the 2013 Edition of the California Electrical Code, the 2013 Edition of the California Plumbing Code, the 2013 Edition of the California Mechanical Code, the 2012 Edition of the Uniform Solar Energy Code, the 2013 Edition of the California Residential Code, 2013 Edition of the California Green Building Code and Adopting other Regulations Relating to Building Requirements.

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, stating that 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 Municipal Code, and adopt the Findings.

3. Find that the proposed Town 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.453 in its entirety and read by title only.

5. Introduce Ordinance No. 453, amending Chapter 9.21 of the Development Code as it relates to the adoption of the Building Code

6. Direct staff to file a Notice of Exemption

LEGISLATIVE MATTERS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

18. Countywide Cost Allocation Plan (COWCAP)

Recommendation:
1. That the Town Council receive and file the report.

2. Provide direction to staff regarding any further action.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

ADJOURNMENT