May 11, 2010

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

May 11, 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 – Existing Litigation under Government Code Section 54956.9(a) – Town of Apple Valley vs. High Desert Community Foundation Inc., San Bernardino Superior Court Case No. CIVSS 806940.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

Color Guard Presentation

SPECIAL SELECTION:

PRESENTATIONS:

Military Banner Presentations

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, May 25, 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. Special Meeting – Tuesday, April 27, 2010

B. Regular Meeting – Tuesday, April 27, 2010

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

3. Treasurer’s Report – March

Recommendation:
Receive and file.

4. Commercial Warrant Schedule – March 2010

Recommendation:
Receive, ratify, and file the payroll warrant schedule as presented.

5. Payroll/Benefits Warrants Schedule– March 2010

Recommendation:
Receive, ratify, and file the payroll warrant schedule as presented.

6. Adopt Ordinance No. 407 - 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:
Adopt Ordinance 407

7. Adopt 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 and Amending Chapter 5.02.010 Definitions

Recommendation:
Adopt Ordinance No. 408

8. Adopt Resolution to Support California Jobs Initiative

Recommendation:
That the Town Council adopt Resolution No. 2010-19, Supporting the California Jobs Initiative.

9. Resolution in Support of Extended Producer Responsibility (EPR) and Product Stewardship
Recommendation:
Approve and Adopt Resolution No. 2010-20 A Resolution in support of Extended Producer Responsibility.

10. A Resolution of the Town Council of the Town of Apple Valley Approving the Submittal of the Town of Apple Valley 2009 General Plan Annual Report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development.

Recommendation:
Adopt Resolution No. 2010-18, a Resolution of the Town Council of the Town of Apple Valley Approving the submittal of the Town of Apple Valley 2009 General Plan Annual Report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development.

PUBLIC HEARINGS

11. Final Public Hearing - Consolidated Plan Fourth-Year Action Plan for the Community Development Block Grant (CDBG) and the Home Investment Partnerships (Home) Programs for Fiscal Year 2010-2011.

Recommendation:
Open the public hearing and take testimony.
Close the public hearing. Then move to:

That the Town Council approve the Community Development Citizen Advisory Committee recommendations for funding proposed projects under the 2010/2011 CDBG and HOME programs as part of the Town’s Fourth-Year Action Plan, which is an integral component of the Consolidated Plan, approve the draft Action Plan and authorize the Town Manager to execute all necessary HUD documents on behalf of the Town for submission to HUD.

12. Appeal (No. 2010-01) of the Planning Commission’s Approval of Conditional Use Permit No. 2009-06 And Deviation Permit No. 2010-01, a Request to Construct a Sixty-Five (65)-Foot Tall Wireless Telecommunication Monopole Designed as a Pine Tree. The Project Includes a Request for Approval of a Deviation Permit to Allow an Encroachment of Approximately 970 Feet Into the Required 1,000-Foot Separation Requirement Between the Monopole and a Single Family Residence and to Allow a Thirty (30)-Foot Setback Where a Minimum Setback of Forty-Nine (49) Feet is Required.

Recommendation:
Open the public hearing and take testimony.
Close the public hearing. Then move to:

1. Move to find that the facts presented to the Town Council on May 11, 2010, including the comments of the public and the Planning Commission as reflected in the Minutes of the Planning Commission meeting of April 7, 2010, to support the Findings necessary to approve Conditional Use Permit No. 2009-06 and Deviation Permit No. 2010-01, subject to the Conditions of Approval applied by the Planning Commission.

2. Move to deny Appeal No. 2010-01 and uphold the Planning Commission’s approval of Conditional Use Permit No. 2009-06 and Deviation Permit No. 2010-01.

LEGISLATIVE MATTERS

13. Introduce Ordinance Number 409 of the Town Council of the Town of Apple Valley Amending Sections 3.12.230 And 3.12.270 of the Town of Apple Valley Municipal Code Relating to Purchasing Limits

Recommendation:
1. Waive The Reading of Ordinance No. 409 and Read By Title Only.

2. Introduce Town Council Ordinance No 409, An Ordinance of The Town Council of the Town of Apple Valley, California, Amending Chapters 3.12.230 and 3.12.270.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

14. Discussion of Legal Non-Conforming Designation in the North Apple Valley Industrial Specific Plan (NAVISP)

Recommendation:
Move to receive and file the report and provide direction to staff.

15. Request for Financial Assistance for the San Bernardino County Fair

Recommendation:
Provide direction to staff.

16. Reconsideration of Approval of the Award of Contract for the Construction of a New Irrigation Well for the Apple Valley Country Club Golf Course

Recommendation:
Provide direction to staff.

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