October 28, 2008

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

October 28, 2008

The Town Council’s Regular Meeting will begin at 6:30 p.m., with Closed Session items first and the remainder of the Regular Meeting immediately following. The meeting will occur in the Council Chambers located at 14955 Dale Evans Parkway in Apple Valley, California.

PUBLIC PARTICIPATION IS INVITED. Any member of the public may speak on any matter within the subject matter jurisdiction of the Council. If you wish to be heard on any item on the closed session or remaining items of this Regular Meeting agenda, including matters not on the agenda but within the subject matter jurisdiction of the Council, please so indicate by filling out a REQUEST TO SPEAK form and place the request in the Speaker Request Box on the table near the Town Clerk or hand to the Town Clerk at the beginning of the meeting or before the item or matter is heard. No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of the Town Council or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. Public Comments are limited to three (3) minutes per speaker.

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.

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.

CALL TO ORDER – 6:30 p.m.

ROLL CALL:

COUNCILMEMBERS: Allan_____, Nassif_____, Roelle_____, Mayor Pro Tem Sagona_____, Mayor Jasper_____.

(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)

CLOSED SESSION

1. Closed Session

A. Negotiations with Real Property Negotiator – Property located at 15200 Rancherias Road, Apple Valley; Negotiating Parties: Lana Dugan; Town Negotiator(s): Town Manager or Finance Director or Designee. Negotiations involve both price and terms of payment.

B. Conference with Legal Counsel- Existing Litigation pursuant to subdivision (a) of Government Code Section 54956.9 - Town of Apple Valley v. David Merlin Alexander SBSC Case No. CIVVS801207

C. Conference with Legal Counsel – Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Employee of the Quarter – Mike Molinari, Maintenance Worker II

Presentation from Apple Valley Fire District – The Great Shake Out

SPECIAL ANNOUNCEMENTS:

PUBLIC COMMENTS

COUNCILMEMBER COMMENTS AND COMMITTEE/COMMISSION PARTICIPATION

Boards, Committees and Commissions

TOWN COUNCIL ANNOUNCEMENTS

Suggested items for next agenda:

Time, Date & Place for Next Town Council Regular or Special Meeting:

A. Regular Meeting – Tuesday, November 18, 2008, 6:30 p.m. – Council Chambers

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. Special Meeting – October 10, 2008

B. Regular Meeting – October 14, 2008

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Treasurer’s Report – September

Recommendation:
Receive and file.

4. Award Bids for 2008-09 Vehicle Purchase Program

Recommendation:
Approve the purchase of new vehicles and trade-ins as listed above.

5. Accept the Final Map for Parcel Map No. 18370

Recommendation:
Move to accept the final map for Parcel Map No. 18370.

6. Award Contract for the Muni Road Guardrail Project 2008-08

Recommendation:
Award a contract to D.C. Hubbs Construction for the Muni Road Guardrail Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

7. Review and Approve Construction Specifications for the Microsurface 2008 Project, and Authorize Staff to Proceed With Advertisement for this Project.

Recommendation:
Review and approve specifications for the Microsurface 2008 Project and direct staff to proceed with the project.

8. Adopt Ordinance No. 388 - An Ordinance Of The Town Council Of The Town Of Apple Valley Amending Chapter 1.01.200 Violations; Adding Section 1.01.205 Administrative Hearings; Amending Section 15.01.010 Definitions, Amending Section 15.01.020 (J) Mandatory Licensing, Adding Sections 15.01.050 Animal Care And Section 15.01.055 Animal Tethering, Amending Section 15.01.070 Control Of Animals, Adding Section 15.01.095 Mandatory Spay/ Neuter Amending Section 15.01.110 Annual Permit/Business License, And Amending Section 15.01.125 Animal Limitations.

Recommendation:
Adopt Ordinance No. 388

9. Approve the Refurbishing of Certain Scrap Computers for Donations to Non-Profit Agencies and/or Institutions Within the Town of Apple Valley.

Recommendation:
Authorize the Town Manager contingent upon approval by the Town Attorney to execute the attached agreement between the Town of Apple Valley and Algot Stephenson, allowing refurbishing of computers submitted to HHW for donation to schools and/or other non-profit agencies within the Town of Apple Valley.

10. Claimant – Calise Taylor, Shay Taylor, a Minor, Kira Taylor, Heather Taylor-Gibbons, Joel Taylor Abrie Taylor-Mikkelson, Ryan Taylor and Eric Taylor

Recommendation:
Reject the claim of Calise Taylor, Shay Taylor, a Minor, Kira Taylor, Heather Taylor-Gibbons, Joel Taylor Abrie Taylor-Mikkelson, Ryan Taylor and Eric Taylor

11. Resolution of the Town Council of the Town of Apple Valley, California Adopting an Identity Theft Prevention Program

Recommendation:
Approve Resolution No. 2008-58, a Resolution of the Town Council of the Town of Apple Valley, California, Adopting an Identity Theft Prevention Program.

12. Award Professional Services Contract for Performance of a Joint Town of Apple Valley and Victor Valley Wastewater Reclamation Authority Odor Control Analysis and Study

Recommendation:
Authorize award of a professional services contract to V&A Consulting Engineers, Inc. in an amount not to exceed 50% of $175,000 for an Odor Control Analysis and Study, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager, and subject to approval by the VVWRA Board of Directors.

13. Public Hearing for Proposed Amendment to the Five-Year Consolidated Plan for Fiscal Year 2007-2012 – Establishing Date and Time Certain

Recommendation:
That the Town Council establish November 18, 2008 at 6:30 p.m. as the date and time certain for the purpose of conducting the public hearing necessary to develop the Amendment to the Five-Year Consolidated Plan.

14. Resolution Setting Forth Town Council’s October 14, 2008 Denial Of Appeal (No. 2008-004) And Upholding Of The Planning Commission’s August 20, 2008 Denial Of Conditional Use Permit (Cup) No. 2008-004. Cup No. 2008-004 Proposed The Operation Of Two (2) Crematories That Would Have Provided Cremation Services For Both Human And Animal Remains. The Proposed Project Would Have Occupied Three (3) Suites, Totaling Approximately 4,500 Square Feet Of Leased Space Inside An Existing Industrial Building. The Project Site Is Approximately Two (2) Acres In Size And Is Located Within The Service Commercial (C-S) Zoning Designation.

Recommendation:
Adopt Town Council Resolution No. 2008-59.

PUBLIC HEARINGS

15. A Request For The Town Council To Review And Approve General Plan Amendment No. 2007-008 And Zone Change No. 2007-005 To Change The Current Land Use Designation From Single-Family Residential (R-Sf, 1 DU 0.4 To 0.9 Net Acres) To Medium Density Residential (R-M, Two (2) To Twenty (20) Dwelling Units Per Acre); And A Corresponding Rezoning Classification From Residential Equestrian (R-EQ, 1 DU Per 0.4 To 0.9 Net Acres) To A Residential Multi-Family (R-M, Two (2) To Twenty (20) Dwelling Units Per Acre) Zoning Classification; And A Request To Approve Conditional Use Permit No. 2007-013 For 140 Apartment Units. The Project Is Located At The Southwest Corner Of Ottawa And Nomwaket Roads; APN(S) 3087-401-02, -03, -04, -05.

Recommendation:
1. Determine, in conformance with the requirements of the State Guidelines to Implement the California Environmental Quality Act (CEQA) that the proposed General Plan Amendment No. 2007-008, Zone Change No. 2007-005 and Conditional Use Permit No. 2007-013 will not have a significant effect on the environment.

2. Adopt the Negative Declaration prepared for General Plan Amendment No. 2007-008, Zone Change No. 2007-005 and Conditional Use Permit No. 2007-013.

3. Find that the proposed Resolution and Ordinance are consistent with the Goals and Objectives of the adopted Town of Apple Valley General Plan and, as such, shall promote the health, safety and general welfare of the citizens of Apple Valley, and that Ordinance No. 389, approving conforming rezoning is consistent with the General Plan Amendment established by Resolution No. 2008-57.

4. Find the facts presented within the staff report including the attached Planning Commission staff report for August 6, 2008, support the required Findings for approval of the proposed General Plan Amendment, Zoning Map amendment of the Development Code and Conditional use Permit and adopt the Findings.

5. Adopt Resolution No. 2008-57 approving General Plan Amendment No. 2007-008

6. Move to waive the reading of Ordinance No. 389 in its entirety and read by title only.

7. Introduce Ordinance No. 389 amending that portion of Title 9 (Development Code) of the Town of Apple Valley Municipal Code, Section 9.05.040 “Adoption of the Official Zoning Map” subsection “B” by approving the conforming rezoning from Residential Equestrian (R-EQ, 1 du per 0.4 to 0.9 net acres to a Residential Multi-Family (R-M, two (2) to twenty (20) dwelling units per acre) Zoning classification for Assessor Parcel Number(s) 3087-401-02, -03, -04, -05.

8. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board.

16. A Request Shall Be Presented To The Town Council To Amend The Provisions Of The Development Code Pertaining To Modifying Regulations For Human Operated Signs Located Near Access Areas Of Public Safety Facilities Within The Town.

Recommendation:
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 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. 390 in its entirety and read by title only.

5. Introduce Ordinance No. 390, amending Chapter 9.74 “Signs and Advertising Displays” of the Development Code as it relates to modifying the regulations for human operated signs located near access areas of public safety facilities within the Town.

6. Direct staff to file a Notice of Exemption.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

17. Establishment of Consolidated Plan Priorities

Recommendation:

1. Preserve the Existing Housing Stock (Single-Family Housing Rehabilitation)

2. Expand the Supply of Affordable Housing and tentative new Senior Rental Project

3. Increase Affordable Homeownership Opportunities

4. Address Public Service Needs

5. Affirmatively Further Fair Housing to Ensure Equal Access to Housing Lower Income, Ethnic Minorities and Special Needs Groups (Fair Housing Program)

6. Create Safer, More Attractive and More Accessible Neighborhoods and Stimulate Economic Growth Through the Improvement of Infrastructure

18. A Resolution Of The Town Council Of The Town Of Apple Valley Modifying The Personnel Policies And Procedures For The Town Of Apple Valley By Designating December 24th As A Standard Town Holiday

Recommendation:
In view of the obvious slow down in business activity during the Christmas holiday season, the financial benefit to the Town and the reduction in greenhouse gasses, it is recommended that Council adopt Resolution No. 2008-60, amending the Personnel Policies and Procedures by designating December 24th as a standard holiday for the Town of Apple Valley.

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: