May 27, 2008

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AGENDA

May 27, 2008

APPLE VALLEY REDEVELOPMENT AGENCY

REGULAR MEETING 6:30 P.M.

The Redevelopment Agency’s Regular Meeting will begin at 6:30 p.m., with Closed Session items; the remainder of the Regular Meeting immediate 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.

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OPENING CEREMONIES

CALL TO ORDER:

ROLL CALL:

BOARDMEMBERS: Allan _____, Nassif _____, Roelle _____, Vice-Chairperson Sagona _____, Chairperson Jasper_____ .

PUBLIC COMMENTS

BOARD OF DIRECTORS COMMENTS/REPORTS

EXECUTIVE DIRECTORS COMMENTS/REPORTS

CONSENT AGENDA

1R. Approval of Minutes for Redevelopment Agency Meeting
A. Regular Meeting –March 11, 2008
Recommendation:
Approve the subject minutes as part of the consent agenda.

PUBLIC HEARING

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

2R. Resolution Approving A Budget Appropriation And Adopting The Agency Budget For -Fiscal Year 2008-09

Recommendation:
Adopt Resolution No. RDA 2008-01, Approving a Budget Appropriation and Adopting the Agency Budget for Fiscal Year 2008-09.

3R. Resolution Authorizing the Use of Low/Moderate Funds for Administrative Costs.
Recommendation:
Adopt Resolution RDA 2008-02, determining that the Planning and Administration Expenses budgeted for Fiscal Year 2008/09 in the Housing Funds are necessary for the production, improvement and/or preservation of affordable housing for the Low and Moderate Income Households.

REPORTS OF COMMITTEES

None

LEGISLATIVE MATTERS

None

CLOSED SESSION

None

RECESS AS THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY AND RECONVENE AS THE APPLE VALLEY TOWN COUNCIL

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

May 27, 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

None.

OPENING CEREMONIES

PLEDGE OF ALLEGIANCE:

INVOCATION:

SPECIAL ANNOUNCEMENTS:

PRESENTATIONS:

Employee of the Quarter - Kirk Johnson, Maintenance Worker

Presentation – California Department of Corrections and Rehabilitation Re-entry Facility

PUBLIC COMMENTS

COUNCILMEMBER COMMENTS AND COMMITTEE/COMMISSION PARTICIPATION

Boards, Committees and Commissions

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

TOWN COUNCIL ANNOUNCEMENTS

Suggested items for next agenda:

Time, Date & Place for Next Town Council Regular or Special Meeting:
A. Regular Meeting – Tuesday, June 10, 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 – May 13, 2008
B. Regular Meeting – May 13, 2008
Recommendation:
Approve the subject minutes as part of the consent agenda.

3. Claimant – Nick Aguilera
Recommendation:
Reject the claim of Nick Aguilera

4. Claimant – Southern California Edison
Recommendation:
Reject the claim of Southern California Edison

5. Claimant – Aspen Pipeline Inc.
Recommendation:
Reject the claim of Aspen Pipeline

6. Claimant – Cooley Construction Inc.
Recommendation:
Reject the claim of Cooley Construction

7. Treasurer’s Report – Month of April 2008
Recommendation:
Receive and file.

8. Commercial Warrant Schedule
Recommendation
That the Town Council of the Town of Apple Valley receive, ratify, and file the commercial warrants as presented.

9. Payroll Warrants Schedule
Recommendation:
That the Town Council of the Town of Apple Valley receive, ratify, and file the payroll warrant schedule as presented.

10. Investment Policy
Recommendation:
Adopt Resolution No. 2008-19, establishing the Town of Apple Valley Investment Policy for fiscal year 2008-2009.

11. Adopt a Cat Month Awareness Campaign
Recommendation:
1. Direct staff to implement Adopt-A Cat Month during the Month of June.
2. Direct staff to offer microchipping of cats at a discounted rate of $10.00 for the month of June.

12. Adopt an Ordinance of the Town Council of the Town of Apple Valley Amending Chapter 2.60 (Personnel) of Title 2 of the Town of Apple Valley Municipal Code by Amending 2.60.070 Relating to Compensation of all Town Employees
Recommendation:
Adopt Ordinance No. 382.

13. Award Contract for the Maintenance of Landscaping at Various Locations
Recommendation:
Accept the bid submitted by Lawnmaster for the Town’s Landscape Maintenance Services Contract, FY 2008-2010, and award a contract for the project to Lawnmaster subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

14. Award Contract for Street Maintenance Services at Various Locations

Recommendation:
Accept the bid submitted by Cooley Construction for the Town’s Street Maintenance Services Contract, FY 2008-2010, and award a contract for the project to Cooley Construction subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

15. Award Contract for Street Striping Services at Various Locations
Recommendation:
Accept the bid submitted by Sudhakar Co. Intl. for the Town’s Street Striping Services Contract, FY 2008-2010, and award a contract for the project to Sudhakar Co. Intl. subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

16. Award Contract for the Maintenance of Traffic Signals at Various Locations
Recommendation:
Approve the contract with Republic Electric for the Traffic Signal Maintenance FY 2008-2010 project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

17. Award Contract for Town Hall Expansion Rough Grading Project

Recommendation:
Award a contract to Cooley Construction Inc., for the Town Hall Expansion Rough Grading Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

18. The Town of Apple Valley AB939 Waste Diversion Status; Staff Recommendation for Certification of New Base Year
Recommendation:
Authorize staff to submit a request for Certification of a New Base year to the California Integrated Waste Management Board

19. A Resolution of the Town Council of the Town of Apple Valley, San Bernardino County, California, Supporting a California Department of Corrections and Rehabilitation Re-Entry Facility in the Town of Apple Valley
Recommendation:
Adopt Resolution Number 2008-22, A Resolution of the Town Council of the Town of Apple Valley, San Bernardino County, California, Supporting a California Department of Corrections and Rehabilitation Re-Entry Facility in the Town of Apple Valley

PUBLIC HEARINGS

(CONTINUED FROM MAY 13, 2008)

20. Specific Plan No. 2005-001, Amendment No.2: To Adopt an Amendment to the North Apple Valley Industrial Specific Plan that Amends Section III Table III-1 (Allowable Uses) to Delete Outdoor Manufacturing as a Permitted Use in the I-SP Land Use District, Add Aviation Related Land Uses to The Industrial – Airport (SP I-A) Land Use District and to Allow Government Facilities in all Land Use Districts. Amend Section III Table III-2 (Development Standards) to Reduce the Setback Requirements for that Segment of Papago Road Between Dale Evans Parkway And Dakota Road And Amend The Maximum Building Height for Airport Influence Area Overlay A-2 Consistent with The Development Code Building Height Standards. Amend Sections IV A.3 and A.4 Regarding the High Desert Corridor and Exhibit IV-2 to Reflect Current General Plan Roadway Cross Street Standards. Recommendation:
Move to open public hearing and take testimony. Close the public hearing. Then:

1. Determine that, the amendment currently proposed is consistent with the adopted Specific Plan and does not constitute a change in build-out potential and conditions within the Specific Plan area have not changed. As such, the certified EIR (SCH #2006031112) analyzed the impacts of the project, and the proposed amendment does not require additional environmental review and is exempt from environmental review.
2. Find the facts presented within the staff report support the required Findings for approval of the proposed Specific Plan amendment and adopt the Findings.
3. Move to waive the reading of Ordinance No. 381 in its entirety and read by title only.
4. Introduce Ordinance No. 381, approving Specific Plan No. 2005-001 Amendment No. 2, amending various sections of the North Apple Valley Industrial Specific Plan.
5. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board of Supervisors.

LEGISLATIVE MATTERS

21. A Resolution of the Town Council of the Town of Apple Valley, California, Amending Resolution 2007-31 Approving a Budget Appropriation and Adopting the Budget, Including the Operating and Capital Improvement Budget for Fiscal Year 2008-09
Recommendation:
Adopt Resolution No. 2008-20, approving a budget appropriation and adopting the budget, including the Operating and Capital Improvement Budget for Fiscal Year 2008-09.

22. Resolution Establishing the 2008-09 Fiscal Year Appropriation Limit

Recommendation:
Adopt Resolution 2008-21, Establishing the 2008-09 Fiscal Year Appropriation Limit for the Town of Apple Valley.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

23. A Resolution Setting The Time And Place For A Public Hearing On Sewer User Fees Increase In An Amount Of One Dollar Ninety-Eight Cents ($1.98) 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 2008-23, stating its intention to hold a Public Hearing to increase sewer user fees in an amount of $1.98 per equivalent dwelling unit per month and direct staff to proceed with the special notice as required by law.

24. Fee Waiver Request for Race Unity Day, an Event Coordinated by the Local Spiritual Assembly of Bahai’s of Apple Valley.

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of Special Event Permit Fee of $48 and Facility Rental Fee of $219.25.

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: