May 28, 2013

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AGENDA

APPLE VALLEY TOWN COUNCIL/

SUCCESSOR AGENCY

MAY 28, 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

A. Negotiations with Real Property Negotiator – Property located at 15200 Rancherias Road, Apple Valley; Negotiating Parties: Golden Round Eye Management Company, Mr. Chet Hitt and Mr. Kan Loi; Negotiator(s): Town Manager or Finance Director or Designee. Negotiations involve both price and terms of payment.

B. 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:

PRESENTATIONS:

Apple Valley Greener Way of Life – Joseph Moon, Special Projects Manager

Victor Valley Transportation Authority (VVTA) – Kevin Kane

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, June 11, 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 – May 14, 2013

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Claimant – Susan Nethers

Recommendation:

Reject the claim from Susan Nethers

4. Adopt Resolution No. 2013-20, A Resolution in Support of H.R. 1676, The Johnson Valley National Off Highway Vehicle Recreation Area Establishment Act

Recommendation:

Adopt Resolution No. 2013-20, A Resolution in Support of H.R. 1676, the Johnson Valley National Off Highway Vehicle Recreation Area Establishment Act.

5. Review and Approval to Advertise the Apple Valley Road and Town Center Drive Improvements – Project 2013-03

Recommendation:

1. That the Town Council review and approve the project plans, specifications, and bid documents for the construction of the Apple Valley Road and Town Center Drive Improvements project.

2. That the Town Council authorize staff to solicit bids for construction of said project.

6. Award Contract for the Micro Surface 2011 Project, Project Number 2012-13 Spring 2013

Recommendation:

1. Award Contract to American Asphalt South for The Micro Surface 2012-13 Spring 2013 Project.

2. The scope of the project is to be increased (add addtional streets) to utilize the entire budgeted amount of the funds.

PUBLIC HEARINGS

7. Park and Recreation Master Plan

Recommendation:

That the Council adopt the completed Master Plan of Parks and Recreation Services.

8. Public Hearing Repealing Resolution No. 2013-14, Specified User Fees at the Apple Valley Golf Course and Authorize the Golf Course Manager to Establish Market-Based Fees at the Apple Valley Golf Course

Recommendation:

1. Open the public hearing to repeal Resolution No. 2013-14;

2. Receive Public Comment and;

3. Repeal Resolution No. 2013-14 and;

4. Authorize the Golf Course Manager to establish market-based fees at the Apple Valley Golf Course.

9. Adoption of Urgency Ordinance Regarding Regulation of Medical Marijuana Dispensaries to Clarify Compliance with Federal and State Law and California Case Law

Recommendation:

That the Town Council:

1. Read title and, by motion, adopt by four-fifths vote, introduce and pass Urgency Ordinance No. 447, to clarify the scope of the Town’s Development Code regarding the regulation of medical marijuana dispensaries in compliance with federal and state law and California case law, entitled:

“AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING ITS DEVELOPMENT CODE TO CLARIFY THE SCOPE OF THE TOWN’S REGULATION OF MEDICAL MARIJUANA DISPENSARIES IN COMPLIANCE WITH FEDERAL AND STATE LAW AND CALIFORNIA CASE LAW”

2. Direct Staff to review the Town’s existing Municipal and Development Code regulations of medical marijuana dispensaries for further compliance with, and enforcement of, federal and state law and California case law.

LEGISLATIVE MATTERS

None

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

10. Defraying Code Enforcement Costs

Recommendation:

Direct staff to implement Apple Valley Municipal Code Section 1.01.260.

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