April 28, 2009

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AGENDA

 

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

                                   April 28, 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 (two potential cases).

B. Negotiations with Real Property Negotiator – Parcel Numbers: 0442-041-16, 0442-041-17, located at the southwest corner of Highway 18 and Rancherias Road;  Negotiator(s)--Town Manager or Assistant Town Manager or Designee.  Negotiations involve both price and terms

C. Negotiations with Real Property Negotiator - Parcel Number 3112-251-07 located at 15004 Wakita Road. Town Negotiator(s)--Town Manager or Assistant Town Manager or Designee.  Negotiations involve both price and terms

D. 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.

 

OPENING CEREMONIES

 

INVOCATION:            

                             

PLEDGE OF ALLEGIANCE:        

 

PRESENTATIONS:   

 

Introduction of San Bernardino County Sheriff -  Mr. Rod Hoop          

                             

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, May 5, 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. Regular Meeting – April 14, 2009

Recommendation:

Approve the subject minutes as part of the consent agenda.

 

3.Commercial Warrant Schedule 

Recommendation:

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

 

4.Payroll/Benefits Warrants Schedule

Recommendation:

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

     

5.Treasurer’s Report – March 2009

Recommendation:

Receive and file.

 

6.Adopt Ordinance No. 396 – An Ordinance Of The Town Council Of The Town Of Apple Valley Amending Chapter 2 Sections 2.04,010, 2.04.020 Creating Section 2.24.015 And Amending Chapter 11.68 Of The Town Of Apple Valley Municipal Code And Authorizing Staff To Correct Employee Titles Within The Municipal Code To Coincide With Approved Titles By The Town Council and/or Listed Within The Town Of Apple Valley Classification Plan

Recommendation:

Adopt Ordinance No. 396.

 

 7.Establishing Date and Time Certain for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Public Hearing No. 2 (Consolidated Plan – Third-Year Action Plan)

Recommendation:

That the Town Council establish May 12, 2009 at 6:30 p.m., as the date and time certain for the purpose of conducting the second of two public hearings necessary to develop the Town’s Consolidated Plan – Third-Year Action Plan.

 

8.Professional Services Agreement for Construction Management Services for the Residential Rehabilitation Loan Program (RRLP).

Recommendation:

That the Town Council approve the attached agreement between the Town of Apple Valley and Charles Abbott Associates, Inc. for construction management services for the Residential Rehabilitation Loan Program and, authorize the Town Manager to execute the agreement on behalf of the Town.

 

9.Accept the Final Map for Parcel Map No. 18416 – Jess Ranch Phase III

Recommendation:

Move to accept the Final Map for Parcel Map No. 18416.

 

10.Grants of Easement for Street and Water Purposes

Recommendation:

Authorize the Major to execute the road dedication easement water main line easement for the Apple Valley Ranchos Water Company on behalf of the Town Council.

 

11.Formal Amendment to the Adopted Budget

Recommendation:

Approve Budget Amendment Request and formally amend the adopted budget to include an appropriation of $590,000 to A/C# 2710-4710-9444-0000.

 

12. Acceptance of Work, Notice of Completion and Release of Retention for Muni Road Guardrail Project 2008-08

Recommendation:

1. Accept the work for the Muni Road Guardrail Project for a total cost of $22,620.

2. Direct the Town Clerk to file the Notice of Completion for the contract work, notify surety and to exonerate contract bonds.

3. Direct the Finance Director to release retained funds 30-days after the filing of the Notice of Completion, provided no claims are filed against the contractor.

 

13.Acceptance of Work, Notice of Completion and Release of Retention for Apple Valley Road Improvements Phase 1B-Kanbridge Street to Yucca Loma Road Project 2007-05

Recommendation:

1. Accept the work for the Apple Valley Road Improvements Phase 1B-Kanbridge Street to Yucca Loma Road Town Project 2007-05 for a total cost of $5,627,187.76.

2. Direct the Town Clerk to file the Notice of Completion for the contract work, notify surety and to exonerate contract bonds.

3. Direct the Finance Director to release retained funds 30-days after the filing of the Notice of Completion, provided no claims are filed against the contractor.

 

14.A Resolution of the Town Council of the Town of Apple Valley Designating an Authorized Signatory for the Energy Efficiency and Conservation Block Grant Application on Behalf of the Town of Apple Valley

Recommendation:

Approve Resolution No. 2009-13, authorizing submittal of the Energy Efficiency and Conservation Block Grant Application and designating the Town Manager as the authorized signer on behalf of the Town.

 

15.Request to Vacate a Portion of a Sewer Easement in Lot 26, Tract 2851

Recommendation:

1. Find that the West 60 feet of the sewer easement located in Lot 26, Tract 2851, is unnecessary for present or future use by the Town of Apple Valley;     

2. Adopt Resolution No. 2009-14, “A Resolution of the Town Council of the Town of Apple Valley, California, vacating a portion of a sewer easement at Lot 26, Tract 2851, pursuant to the Streets and Highway Code Section 8333-8334.5”;

3.Instruct the Town Clerk to cause the Resolution vacating a portion of the sewer easement and accompanying Quitclaim Deed be recorded in the office of the County Recorder of the County of San Bernardino.

 

16.Update to the 2006 Bartle Wells Feasibility Study of the Acquisition of Two Privately Owned Water Utilities

Recommendation:

Direct Best Best & Krieger to enter into negotiations with Bartle Wells Associates to facilitate an update to the 2006 “Feasibility Study of the Acquisition of Two Privately Owned Water Utilities.”

 

17.Promotion of the Fourth Annual Pet Fair through a Dog Licensing – Amnesty and Voluntary Cat License Program

Recommendation:

1. Authorize an amnesty period for two weeks as described in the staff report.

2. Authorize a voluntary cat license to include a microchip at the cost of $10.00. 

3. Direct staff to increase enforcement of unlicensed dogs beginning September 7, 2009

 

PUBLIC HEARINGS

 

18. A Resolution of the Town Council of the Town of Apple Valley, California, Amending Specified User Fees for the Apple Valley Golf Club

Recommendation:

Adopt Resolution 2009-12, a Resolution of the Town Council of the Town of Apple Valley, California, amending user fees for the Apple Valley Golf Club effective May 01, 2009.

 

LEGISLATIVE MATTERS

 

REPORTS, REQUESTS AND COMMUNICATIONS

 

BUSINESS OF THE COUNCIL

 

19.Discussion of a Development Code Amendment as it Relates to Residential Care Facilities/Group Homes

Recommendation:

Move to receive and file the report and direct staff to initiate a Development Code Amendment.

 

20.Discussion of Reducing Conditional Use Permit Fees

Recommendation:

That the Town Council initiate a Development Code Amendment for the purpose of revising the required findings associated with the processing of Conditional Use Permits and Development Permits, with the understanding that approval of such Development Code Amendment will afford the Town Council the opportunity to reduce Conditional Use Permit application fees as the Council deems appropriate.

 

21.Dissolution of County Service Area Seventeen (CSA#17) and Assumption of Street Light Maintenance Responsibilities by the Town of Apple Valley

Recommendation:

That the Mayor and Council continue this matter to its May 12, 2009 regular Town Council meeting.

 

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