July 14, 2009

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

July 14, 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

None.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Proclamation – Mr. Larry Cusack

Southern California Edison Update – Nancy Jackson

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, July 28, 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 – June 23, 2009

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Award Contract for the Furniture for Town Hall Annex and the Animal Shelter Buildings

Recommendation:

Award Contract to Systems Source in the amount not to exceed, seven hundred thirty-two thousand two hundred eight dollars ($732,208.00).

4. Adopt Ordinance No. 397 Amending to Title 9 “Development Code” of the Town of Apple Valley Municipal Code by Amending Chapters 9.16 “Conditional and Special Use Permits” and 9.17 “Development Permits” of the Development Code As It Relates to Providing Administrative Authority to Approve Extensions of Time for Conditional/Special Use Permits (CUP and SUP) and Development Permits (DP).

Recommendation:
Adopt Ordinance No. 397

5. Adopt Ordinance No. 398 Amending title 9 “Development code” of the Town of Apple Valley Municipal Code by Amending Chapter 9.74 “Signs and Advertising Displays” of the Development code as it Relates to Modifying Requirements for Human-Operated Signs Adjacent to Emergency Service Facilities That Will Include a Seperation Distance of 200 Feet from Access Areas to Any Public Safety or Emergency Facilities in the Town.

Recommendation:

Adopt Ordinance No. 398

6. Adopt Ordinance No. 399 Amending Title 9 “Development Code” of the Town of Apple Valley Municipal Code, by Amending Section 9.29.140 “Residential Care Facilities Group Homes and Sexual Offender Residency” to Chapter 9.29 “Specific Use Regulations for Residential Districts” of title 9 “Development Code” of the Apple Valley Municipal Code and Establish Separate Requirements for Residential Care Facilities for the Elderly.

Recommendation:

Adopt Ordinance No. 399

7. Acceptance of Work, Notice of Completion and Release of Retention for Traffic Signal Modification at Apple Valley Road and Pimlico Road, Project Number 2009-01

Recommendation:

1. Accept the work for the Traffic Signal Modification at Apple Valley Road and Pimlico Road Project for a total cost of $34,000.

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.

8. Review and Approve Construction Plans and Specifications for the Corwin Road Street Improvement Project, and Authorize Staff to Proceed with Advertisement for this Project

Recommendation:

Review and approve specifications for the Corwin Road Street Improvement Project and direct staff to proceed with the project.

9. Payroll/Benefits Warrants Schedule

Recommendation:

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

10. Commercial Warrant Schedule

Recommendation:

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

11. Treasurer’s Report – Month of May 2009

Recommendation:

Receive and file.

12. Resolution Establishing the 2009-10 Fiscal Year Appropriation Limit

Recommendation:

Adopt Resolution 2009-27, Establishing the 2009-10 Fiscal Year Appropriation Limit for the Town of Apple Valley.

13. Ratify Purchase of the Overhead Coiling Doors for the Apple Valley Municipal Animal Shelter

Recommendation:

Ratify the purchase of overhead coiling doors from Doorworks Garage Door Systems, Inc.

14. Approve Resolution Number 2009-29, Amending the Records Retention Schedule for the Town of Apple Valley, Authorizing Appropriate Document Destruction and Rescinding Resolution Number 2007-57

Recommendation:

That the Town Council approve and adopt Resolution Number 2009-29, amending the Records Retention Schedule for the Town of Apple Valley, authorizing appropriate destruction of records if consistent with the Records Retention Schedule and Rescinding Resolution Number 2007-57.

15. Claimant – Cook-Compton, Lylith J.

Recommendation:

Reject the claim of Lylith J. Cook-Compton.

PUBLIC HEARINGS

16. A Resolution of the Town Council of the Town of Apple Valley, California, Establishing Specified User and Program Fees for Certain Park and Recreation Services

Recommendation:

Adopt Resolution 2009-28, A Resolution of the Town Council of the Town of Apple Valley, California, Establishing Specified Park and Recreation User and Program Fees for Certain Park and Recreation Services for 2009-2010 Fiscal Year.

17. 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. Then:

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 and June 9, 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 typographical, statistical and mapping errors and distribute the approved 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.

LEGISLATIVE MATTERS

18. Nominees to the Town of Apple Valley Development Code Advisory Committee Members

Recommendation:

That each Council Member nominate one person to the Development Code Advisory Committee, and collectively nominate two Planning Commissioners to serve on this Committee

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

19. 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 Town Council approve and adopt the attached agreement between Town and the County of San Bernardino, which provides for the dissolution of County Service Area 17 and the assumption by Town of the street lighting and maintenance function, and authorize the Town Manager to execute the attached agreement.

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

Time: