June 23, 2009

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AGENDA

 

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

 

                                                                June 23, 2009

                                                               

The Town Council/Redevelopment Agency 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/Redevelopment Agency.  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/Redevelopment Agency, 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/Redevelopment Agency 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 THE REGULAR MEETING OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY MEETING – 6:30 p.m. 

 

ROLL CALL:

 

COUNCILMEMBERS/BOARDMEMBERS: 

 

Allan_____, Coleman_____, Sagona_____, Mayor Pro Tem Nassif_____, Mayor Roelle_____.

 

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

 

 

TOWN COUNCIL/REDEVELOPMENT AGENCY CLOSED SESSION

 

1. Closed Session
A. Conference with Legal Counsel – Anticipated Litigation pursuant to subdivision (b) of the Government Code Section 54956.9 (three potential cases).

 

OPENING CEREMONIES

 

INVOCATION:            

                             

PLEDGE OF ALLEGIANCE:        

 

PRESENTATIONS:   

 

Proclamation – Mr. Larry Cusack

Proclamation – San Bernardino County Homeless Services – Mr. Isaac Jackson, Homeless Services Coordinator

Military Banner Presentation – Corporal John McCreadie

St. Mary’s Hospital – Update on Community Benefit – Kevin Mahaney

Southern California Edison Update – Nancy Jackson

     

SPECIAL ANNOUNCEMENTS: 

 

APPLE VALLEY CHAMBER OF COMMERCE – BUSINESS RETENTION UPDATE

 

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,  July 14, 2009, 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 – June 9, 2009
B. Regular Meeting – June 9, 2009
Recommendation:

Approve the subject minutes as part of the consent agenda.

 

3. Treasurer’s Report – Month of April 2009
Recommendation:

Receive and file.

 

4. Payroll/Benefits Warrants Schedule
Recommendation:

That the Town Council of the Town of Apple Valley receive, ratify, and file the payroll warrant schedule as presented.

 

5. Commercial Warrant Schedule – April 2009
Recommendation:

That the Town Council of the Town of Apple Valley receive, ratify, and file the commercial warrants as presented.

 

6.A Resolution Setting The Time And Place For A Public Hearing On Sewer User Fees Increase In An Amount Of Three Dollars And Seventy-Six Cents ($3.76) Per Equivalent Dwelling Unit Per Month And Directing Staff To Proceed With The Special Notice Proceeding As Required By Law
Recommendation:

Town Council adopt Resolution 2009-24, stating its intention to hold a Public Hearing to increase sewer user fees in an amount of $3.76 per equivalent dwelling unit per month and direct staff to proceed with the special notice as required by law.

 

7. Lighting and Landscape Assessment District #1 - Engineer’s Annual Report and Levy Of Assessment For Fy 2009-2010

Recommendation:

1. Adopt Resolution No. 2009-22, a Resolution of the Town Council of the Town of Apple Valley Directing the Filing of the Annual Report for the Town of Apple Valley Landscaping and Lighting Assessment District.

2. Receive and approve the engineer's report as filed, or as amended.

3. Adopt Resolution No.2009-23, a Resolution of the Town Council of the Town of Apple Valley Declaring its Intention to Order Improvements and to Levy and Collect Assessments for Fiscal Year 2009-2010.

 

8.Approve Resolution No. 2009-25, Establishing Part-Time Staff Positions to Accommodate Expansion of Household Hazardous Waste Service Hours
Recommendation:

Authorize advertising for and hiring part-time employees to staff the Town of Apple Valley Household Hazardous Waste Collection Center on a weekly Saturday basis.

 

9. Award Bid for the Dog Kenneling, Cat Cages, Exam Tables and Bathing Station for the Apple Valley Municipal Animal Shelter
Recommendation:

Award bid to the lowest responsible, responsive bidder, and authorize the Town Manager to execute the contract, in a form as approved by the Town Attorney.

 

10. Authorize Change Order for Animal Shelter Project – Quinnault Road Improvements    

Recommendation:

Authorize change order 18 for the Animal Shelter Project – Quinnault Road Improvements.

  

11. Ratify Purchase of the Cleaning and Disposal Equipment for the Apple Valley Municipal Animal Shelter
Recommendation:

Ratify the purchase of cleaning and disposal equipment.   

 

12.Memorandum of Understanding (“MOU”) Between Town of Apple Valley and Town of Apple Valley Redevelopment Agency Regarding Home Program Funds
Recommendation:

That the Town Council approve the Memorandum of Understanding (“MOU”) between the Town of Apple Valley and the Town of Apple Valley Redevelopment Agency.

 

13. Historical Advisory Committee Member At Large Appointment
Recommendation:

Approve appointment of Wendy Cambridge to the Historical Advisory Committee as an at-large member.

 

14. Unconstitutional Diversion of Local Share of Motor Fuel (Gas) Tax And Redevelopment Tax Increment
Recommendation:

Adopt Resolution No. 2009-03, A Resolution Of The Redevelopment Agency Authorizing The Town Attorney/Redevelopment Agency Counsel To Cooperate With The League Of California Cities, The California Redevelopment Association, Other Cities, Counties And Redevelopment Agencies In Litigation Challenging The Constitutionality Of Any Seizure By State Government Of The Town’s Street Maintenance And Redevelopment Funds

 

Adopt Resolution No. 2009-26, A Resolution Of The Town Council Authorizing The Town Attorney/Redevelopment Agency Counsel To Cooperate With The League Of California Cities, The California Redevelopment Association, Other Cities, Counties And Redevelopment Agencies In Litigation Challenging The Constitutionality Of Any Seizure By State Government Of The Town’s Street Maintenance And Redevelopment Funds

 

PUBLIC HEARINGS

 

15. A Request To Consider An Amendment To Title 9 “Development Code” Of The Town Of Apple Valley Municipal Code By Amending Chapters 9.16 “Conditional And Special Use Permits” And 9.17 “Development Permits” Of The Development Code As It Relates To Providing Administrative Authority To Approve Extensions Of Time For Conditional/Special Use Permits (CUP And SUP) And Development Permits (DP).
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 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. 397 in its entirety and read by title only.

5. Introduce Ordinance No. 397, amending Chapters 9.16 “Conditional and Special Use Permits” and 9.17 “Development Permits” of the Development Code as it relates to providing administrative authority to approve extensions of time for Conditional/Special Use Permits (CUP and SUP) and Development Permits (DP).

6. Direct staff to file a Notice of Exemption.

 

16. A Request Shall Be Presented To The Town Council To Amend Chapter 9.74 “Signs And Advertising Displays” Of The Development Code As It Relates To Modifying Requirements For Human-Operated Signs Adjacent To Emergency Service Facilities That Will Include A Separation Distance Of 200 Feet From Access Areas To Any Public Safety Or Emergency Facilities In The Town.
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 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. 398 in its entirety and read by title only.

5. Introduce Ordinance No. 398, amending Chapter 9.74 “Signs and Advertising Displays” of the Development Code as it relates to modifying requirements for human operated signs adjacent to emergency service facilities that will include a separation distance of 200 feet from access areas to any public safety or emergency facilities  within the Town.

6. Direct staff to file a Notice of Exemption.

 

17.A Request To Modify The Provisions Of The Development Code By Amending Section 9.29.140 “Residential Care Facilities, Group Homes And Sexual Offender Residency” To Chapter 9.29 “Specific Use Regulations For Residential Districts” Of Title 9 “Development Code” Of The Apple Valley Municipal Code And Establish Separate Requirements For Residential Care Facilities For The Elderly In The Town.
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 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. 399 in its entirety and read by title only.

5. Introduce Ordinance No. 399, amending Title 9 “Development Code” of the Town of Apple Valley Municipal Code by amending Section 9.29.140 “Residential Care Facilities, Group Homes and Sexual Offender Residency” to Chapter 9.29 “Specific Use Regulations For Residential Districts” of Title 9 “Development Code” of the Apple Valley Municipal Code and establish separate requirements for Residential Care Facilities for the Elderly within the Town.

6. Direct staff to file a Notice of Exemption.

 

LEGISLATIVE MATTERS

 

REPORTS, REQUESTS AND COMMUNICATIONS

 

BUSINESS OF THE COUNCIL

 

18.Discussion on Yucca Loma Bridge Expenditures
Recommendation:

That the Town Council receive and file this staff report relating to funding for the Yucca Loma Bridge project and provide any direction to staff it deems appropriate.

 

CONTINUED FROM JUNE 9, 2009

19.Property Acquisition Policies and Procedures
Recommendation:

Informational item only.

 

20. Legislative Initiative for the Purpose of Seeking Relief from Certain State Housing and Community Development Department and Southern California Association of Governments Requirements and Regional Housing Needs Allocation Credit for Town of Apple Valley Acquisition/Rehabilitation/Sale-Resale Programs
Recommendation:

That the Mayor and Town Council authorize and direct staff, and the Town’s Sacramento lobbyist, to initiate and take all appropriate actions to secure a budget amendment/rider that will enable the Town of Apple Valley to receive credit against its Regional Housing Needs Allocation share of affordable housing units through the implementation of a Town acquisition/rehabilitation/sale-resale program.

 

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