AGENDA

APPLE VALLEY TOWN COUNCIL/ SUCCESSOR AGENCY

May 13, 2014

REGULAR MEETING 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 REGULAR MEETING

CALL TO ORDER THE REGULAR MEETING 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:           Pastor Royce Beserra, Church for Whosoever             

PLEDGE OF ALLEGIANCE:  

PRESENTATION:     Presentation – Intern Appreciation Certificates, Town Clerk’s Office

      Presentation – Junior Fair Board

      Presentation – Project Hope, Captain Lana Tomlin, Apple Valley Police Department

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, June 10, 2014 – Council Chambers

      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.

1.    Approval of Minutes of the Town Council

      A.    Regular Meeting – April 22, 2014

      Recommendation:

Approve the subject minutes as part of the consent agenda.

2.    March 2014 - Commercial Warrants Schedule

Recommendation:

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

3.    March 2014 - Payroll/Benefits Warrants Schedule

Recommendation:

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

4.    Treasurer’s Report – March 2014 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 March  2014 Treasurer’s Report.

5.    Authorization to Certify Environmental Clearances

      Recommendation:

      Adopt Resolution No. 2014-13.

6.    FY 2014-15 Budget of the Apple Valley Village Property and Business Improvement District (PBID) Association

      Recommendation:

That the Town Council approve the Fiscal Year 2014-15 Budget of the Apple Valley              Village Property and Business Improvement District Association (Association).

7.    SR-18/Apple Valley Road Intersection Realignment Project Contract Amendment No. 2

      Recommendation:

Approve Amendment No. 2 to the November 2008 Agreement between the Town of Apple Valley and Dokken Engineering for engineering service on the State Route 18/Apple Valley Road Intersection Realignment Project for an amount not-to-exceed $169,680.

8.    Resolution No. 2014-14, A Resolution of the Town Council of the Town of Apple Valley, Approving the Application for Grant Funds for the Development of a Feasibility Study under the Title XVI Water Reclamation and Reuse Program

      Recommendation:

      Adopt Resolution No. 2014-14, a Resolution of the Town Council of the Town of Apple Valley,

      California, approving and authorizing the Town Manager or designee, to submit the application

      for grant funds for the development of a feasibility study under the Title XVI Water Reclamation

      and Reuse Program.

9.    Bear Valley Road Bike Path Project – Design Contract Amendment No. 1

      Recommendation:

Approve Design Contract Amendment No. 1 with Hall and Foreman, Inc. for engineering services on the Bear Valley Road Bike Path Project for an amount not-to-exceed $31,800.

10.   Bear Valley Road Bike Path Project – Memorandum of Understanding between the College and the Town

      Recommendation:

Approve the Memorandum of Understanding between the College and the Town of Apple Valley for the construction of a new Class 1 Bike Path that will connect the Town of Apple Valley to the upper campus of the College.

11.   Memorial Plaque for Lawrence “Chops” Aguayo

      Recommendation:

That the Town Council approve purchase and installation of a bronze memorial plaque in memory of Lawrence “Chops” Aguayo.

PUBLIC HEARINGS

12.   A Request to Amend Title 9 “Development Code” of the Town of Apple Valley Municipal Code Amending Chapter 9.08, 9.35 and 9.36 as it relates to Places of Assembly as an Ancillary Use

      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. 461 in its entirety and read by title only.

5. Introduce Ordinance No. 461, revising Title 9 "Development Code" of the Town of Apple Valley Municipal Code by amending Title 9 "Development Code" Sections 9.08 “Definitions”, 9.35.030-A “Permitted Uses”, and 9.36 “Specific Use Regulations/ Commercial and Office Districts” by adding subsection 9.36.220 “Places of Assembly as an Ancillary Use”.

6. Direct staff to file a Notice of Exemption.

13.   Purchase of Property Available from Tax Lien Sales by the County of San Bernardino for the Purpose of Constructing New Affordable Housing Projects

      Recommendation:

That the Town Council direct staff to purchase said property using HOME funds, if made available through tax lien sales by the County of San Bernardino.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

14.   Ordinance No. 462 – An Ordinance of the Town Council of the Town of Apple Valley Amending Sections 11.68.020 and 11.68.040 of Chapter 11.68 of Title 11 of the Town of Apple Valley Municipal Code to Revise the Definition of Smoking to Include Electronic Smoking Devices and to Revise Various Provisions regarding the Prohibition of Smoking in or Upon Public Facilities and Public Parks of the Town

      Recommendation:

1. Move to waive the reading of Ordinance No. 462 in its entirety and read by title only.

2. Move to introduce Ordinance No 462, an Ordinance of the Town Council of the Town of Apple Valley amending Sections 11.68.020 of Chapter 11.68 of Title 11 of the Town of Apple Valley Municipal Code, to revise the definition of smoking to include electronic smoking devices and to revise various provisions regarding the prohibition of smoking in or upon public facilities and public parks of the Town.

15.   Discussion on User Groups

      Recommendation:

      Provide direction.

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

DEPARTMENTAL REPORTS AND BUSINESS:

STAFF REPORTS

CORRESPONDENCE

CLOSED SESSION

16.   Closed Session

A. Conference with Legal Counsel – Existing Litigation – (Subdivision (A) of Section 54956.9) Briggs v. The Town of Apple Valley; San Bernardino Superior Court Case No. CIVVS 1103746.

B. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: One Case.

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

ADJOURNMENT

MOTION

Time:            

TOWN COUNCIL AGENDA

REGULAR MEETING OF 05/13//2014

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