April 27, 2010

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

                                                                                                    April 27, 2010

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:

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

(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 (one potential case).

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Teen Volunteers – Alicia Dannelly

SPECIAL ANNOUNCEMENTS:

Captain Bart Belknap

PUBLIC COMMENTS

APPLE VALLEY CHAMBER OF COMMERCE – BUSINESS RETENTION UPDATE

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, May 11, 2010, 6:30 p.m. – Council Chambers

TOWN COUNCIL/REDEVELOPMENT AGENCY 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 – April 13, 2010

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

3. Claimant – Harriette Fisher
Recommendation:
Reject the claim of Harriette Fisher.

4. Claimant – Jackie Parsons
Recommendation:
Reject the claim of Jackie Parsons.

5. Expenditure Transfers
Recommendation:
Approve the transfers as submitted.

6. Adopt Resolution No. 2010-15, a Resolution Approving the Application for Grant Funds for the Urban Greening Grant Program
Recommendation:
That the Town Council Adopt Resolution No. 2010-15 Approving the Application for Grant Funds for the Urban Greening Grant Program.

7. Adopt Resolution No. 2010-16, a Resolution of the Town Council of the Town of Apple Valley Authorizing Submittal of Used Oil Payment Program Applications to the California Department of Resources Recycling and Recovery (CALRECYCLE), and Designating the Town Manager as Authorized Signatory on Behalf of the Town.
Recommendation:
Approve Resolution No. 2010-16, authorizing submittal of applications for payments under CalRecycle’s Oil Payment Program, and designating the Town Manager as the authorized signer on behalf of the Town.

8. Adopt Resolution No. 2010-17, a Resolution Authorizing Certain Individuals to Execute for and on Behalf of the Town of Apple Valley for the Purpose of Obtaining Financial Assistance in the Event of an Emergency
Recommendation:
Move to adopt Resolution No. 2010-17, a Resolution of the Town Council of the Town of Apple Valley, California, authorizing certain individuals to execute for and in behalf of the Town of Apple Valley for the purpose of obtaining financial assistance in the event of an emergency.

9. Accept the Final Map for Parcel Map No. 19191
Recommendation:
Approve the final map for Parcel Map No. 19191.

10. Review And Approve Construction Plans And Specifications For The Highway 18 Landscaped Median Project (Phase 1), And Authorize Staff To Proceed With Advertisement For This Project.
Recommendation:
Review and approve specifications for the Highway 18 Landscaped Median Project (Phase 1), and direct staff to proceed with the project.

11. Review and Approve Construction Plans and Specifications for the new Public Works Facility and Authorize Staff to Advertize for Bids for Construction of this Project
Recommendation:
Review and approve construction plans for Public Works Facility and direct staff to proceed with advertising for bids on the project.

12. Development Code Amendment 2009-005: Adopt Ordinance No. 405 Regarding Comprehensive Amendments to the Development Code to Address Changes Required to Assure the Consistency of the Development Code with the General Plan Adopted in 2009.Zone Change 2009-003: Adopt Ordinance No. 406, Regarding Changes to the Zoning Map to Assure Consistency with the General Plan Map Adopted in 2009.
Recommendation:
Adopt Ordinance Nos. 405 and 406.

PUBLIC HEARINGS

13. A Request To Consider An Amendment To Title 9 “Development Code” Of The Town Of Apple Valley Municipal Code By Amending Sections 9.28 “Residential Districts”, 9.37 “Commercial And Office Districts Design Standards” And 9.47 “Industrial Design Standards” Of The Code By Establishing Storm Water Runoff Provisions For All New And Existing Development Within The Town Of Apple Valley. 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 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. 407 in its entirety and read by title only.

5. Introduce Ordinance No. 407, amending Title 9 “Development Code” of the Town of Apple Valley Municipal Code of the Town of Apple Valley Municipal Code by amending Sections 9.28 “Residential Districts”, 9.37 “Commercial and Office Districts Design Standards” and 9.47 “Industrial Design Standards” of the Code by establishing storm water runoff provisions for all new and existing development within the Town of Apple Valley.

6. Direct staff to file a Notice of Exemption.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

14. Consideration of Support Position for Extended Producer Responsibility (EPR) and Product Stewardship
Recommendation:
Provide direction to staff.

15. Introduce Ordinance No. 408 – An Ordinance Of The Town Council Of The Town Of Apple Valley Adding Chapters 5.02.330-5.02.360 Investigation, Inspection And Reporting Of Junk Dealers, Adding Chapters 5.02.370-5.02.450 Tobacco Retailers Permit Regulations, Amending Chapter 5.02.010 Definitions, And Amending Chapter 11.24 Nighttime Curfew To Incorporate Daytime Loitering Regulations Of The Apple Valley Municipal Code
Recommendation:
1. Find that the proposed adoption of Ordinance No. 408 is not subject to and is Exempt from CEQA, based upon findings under CEQA Guidelines, Section 15061 Sub (b)(3) that can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.

2. Move to waive the reading of Ordinance No. 408 in its entirety and read by title only.

3. Move to Introduce Ordinance No. 408 adding Chapters 5.02.330-5.02.360 investigation, inspection and reporting of junk dealers, adding Chapters 5.02.370-5.02.450 tobacco retailers permit regulations, amending Chapter 5.02.010 definitions, and amending Chapter 11.24 nighttime curfew to incorporate daytime loitering regulations of the Apple Valley Municipal Code

4. Direct Staff to File a Notice of Exemption.

16. Healthy Apple Valley Update
Recommendation:
That the Town Council receive and file this staff report.

17. Proposed Retrofit Program for Town Hall and Police Department Buildings
Recommendation:
That the Town Council ratify the actions of the Town Manager and direct staff to proceed with obtaining Town Hall/Police Department retrofit cost estimates and return to Town Council for project approval.

18. Leasing Space in Town Facilities
Recommendation:
Provide direction to staff.

19. Happy Trails Villas
Recommendation: 
Receive and file.

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