August 11, 2009

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

August 11, 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. Negotiations with Real Property Negotiator – APN #3087-171-07, 08, 11 and 12; Negotiating Parties: Tom Hrubik, Operations Manager, HDC Group, LLC, and Robert Shaw, Authorized Officer and Administrator of RMG Real Estate Services II, LLC.; Town Negotiator(s): Town Manager and Assistant Town Manager, Economic and Community Development or Designee. Negotiations involve both price and terms of payment.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Employee of the Quarter – Benjamin Rodriquez, Information Systems Technician

Proclamation – Ana Hernandez, U. S. Census

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, August 25, 2009, 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 – July 28, 2009

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Award Contract for the Corwin Road Improvement Project 2009-04: Highway 18 to Ramona Road (Apple Valley Airport)

Recommendation:

Direct the Finance Division to allocate $960,000 from the Transportation Impact Fee Fund and award a contract to Sully-Miller Contracting Co. for the Corwin Road Improvement Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager

4. Release of Securities for Parcel Map 17684.

Recommendation:

Find that the construction of various improvements required for Parcel Map 17684 are complete, and approve the 50% reduction of the performance securities.

5. Acceptance Of Work, Notice Of Completion And Release Of Retention For The Town Of Apple Valley Civic Center Park Electrical Work Phase I

Recommendation:

1. Accept the work for the electrical upgrade at the Civic Center Amphitheater for a total cost of $87,571.00

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

6. Adopt Resolution 2009-38, Approving A Reimbursement Agreement, A Custody Agreement And A Security Agreement In Connection With The Substitution Of A Letter Of Credit Relating To The Variable Rate Demand Refunding Certificates Of Participation (Town Center Project) Series 2001, And Authoriziing Offical Actions And Execution Of Documents Retlated Thereto

Recommendation:

Adopt Resolution 2009-38, approving a reimbursement agreement, a custody agreement and a security agreement in connection with the substitution of a letter of credit relating to the variable rate demand refunding certificates of participation (Town center project) series 2001, and authorizing official actions and execution of documents related thereto.

7. Request To Vacate A Portion Of A Sewer Easement Within Lot 422, 423, And 424, Tract 7934

Recommendation:

1. Find that the West 47.5 feet of the sewer easement located at Lot 422, 423, and 424, Tract 7934, is unnecessary for present or future use by the Town of Apple Valley;

2. Adopt Resolution No.2009-39, “A Resolution of the Town Council of the Town of Apple Valley, California, vacating a portion of a sewer easement at Lot 422, 423 and 424, Tract 7934, 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.

8. Ratify Purchase Of The Toilet Partitions And Toilet Accessories For The Apple Valley Municipal Animal Shelter

Recommendation:

Ratify the purchase of the Toilet Partitions and Toilet Accessories from Henri Specialties including additional unit priced items.

9. Amendment To The Professional Services Contract For The Preparation Of An Update To The General Plan, Annexation Plan For Service, A CEQA Compliant Environmental Impact Report For The General Plan And Annexation And Prepare Amendments To The Development Code For Compliance With The General Plan

Recommendation:

Award the amended professional services contract in the additional amount of $17,665.00 to Terra Nova Planning and Research, Inc., for professional services for the preparation of an update to the General Plan, Annexation Plan for Service and a CEQA-compliant Environmental Impact Report and Specific Plan, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

10. Resolution Approving The Levy And Collection Of Assessments For Fiscal Year 2009-10 Within The Apple Valley Village Property And Business Improvement District

Recommendation:

That the Town Council adopt Resolution No. 2009-41 approving the levy and collection of assessments for fiscal year 2009-10 within the Apple Valley Village Property and Business Improvement District.

PUBLIC HEARINGS

CONTINUED FROM JULY 14, 2009

11. General Plan Amendment No. 2008-001: A Request To Consider A Comprehensive Update Of The Town Of Apple Valley General Plan, Including All Mandated Elements.

Annexation 2008-001: A Request To Consider The Annexation Of 4.3 Square Miles Known As The “Golden Triangle,” And Located East Of Interstate 15, North Of Johnson Road, West Of Dale Evans Parkway, And South Of Morro Road.

Annexation 2008-002: A Request To Consider The Annexation Of 1.3 Square Miles Located South Of Quarry Road And East Of Central Road.

Recommendation:

Move to reopen the continued public hearing and take testimony. Close the public hearing.

1. In conformance with the requirements of the California Environmental Quality Act (CEQA), and the State Guidelines to Implement CEQA, that the Town Council:

a. Adopt Resolution No. 2009-30, including the recommended environmental findings, mitigation monitoring program, Statement of Overriding Consideration and certifying the Environmental Impact Report (SCH #2008091077) for General Plan Amendment 2008-001, Annexation 2008-001 and Annexation 2008-002;

2. Find the facts presented within the staff report, including the attached Planning Commission staff report for April 15, 2009, and the Town Council staff reports of May 12, 2009, June 9, 2009, July 14, 2009 and August 11, 2009 support the required Findings for approval of the proposed General Plan Update and adopt the Findings.

3. Adopt Town Council Resolution No. 2009-31, approving General Plan Amendment No. 2008-001, as amended in the Resolution;

4. Direct staff to file a Notice of Determination with the San Bernardino County Clerk of the Board of Supervisors.

5. Direct staff to initiate application material in preparation for Annexations 2008-001 and 2008-002.

6. Direct staff to correct any remaining errors and distribute the adopted General Plan.

7. Direct staff to initiate Development Code and Zoning Map amendments necessary to make those documents consistent with the General Plan.

8. Direct staff to initiate the preparation of a Climate Action Plan.

12. A Resolution Of The Town Council Of The Town Of Apple Valley, California, Establishing Sewer Fees And Establishing An Operative Date Therefor

Recommendation:

1. Open the public hearing for Resolution 2009-40

2. Determine whether a majority protest exists, and

3. If no majority protest exists, adopt Resolution 2009-40, revising the sewer user fees for the use of Town sewers.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

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