August 10, 2010

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY/JOINT POWERS FINANCING AUTHORITY

REGULAR MEETING

6:30 P.M.

                                                                                            August 10, 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/JPFA. 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/JOINT POWERS FINANCING AUTHORITY 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

None.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Animal Services Recognition – Gina Schwin-Whiteside, Animal Services Manager

Military Banner Presentation – Maegen Unthank; Sponsor: AV Citizens on Patrol

SPECIAL ANNOUNCEMENTS:

PUBLIC COMMENTS

APPLE VALLEY PROPERTY BUSINESS IMPROVEMENT DISTRICT UPDATE

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, September 14, 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 – July 27, 2010

B. Regular Meeting – July 27, 2010

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

3. Submission of Proposition 1B State Local Partnership Program SSLP Competitive Grant Applications

Recommendation:
That the Town Council Authorize the Town Manager to Submit Three Applications for the Proposition 1B State Local Partnership Program Competitive Grant.

4. Redevelopment Agency Budget Adjustments and Personnel Re-allocations

Recommendation:
Approve the allocation of $30,000 for Marketing Services and the Re-allocation of personnel.

5. Fee Waiver Request for the Apple Valley Lion’s Club Eye Clinic November 13, 2010 at the James Woody Community Center

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $116.60.

6. Fee Waiver Request for The Annual Chili Cook Off Held by The Rotary Club of Apple Valley.

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of Special Event Permit and park rental fees for the Rotary Club of Apple Valley.

7. Adopt Ordinance No. 411, An Amendment To Title 9 "Development Code" Of The Town Of Apple Valley Municipal Code By Amending Section 9.74.060 “Exempt Signs” By Establishing Regulations Related To Temporary Portable Signs.

Recommendation:
Adopt Ordinance No. 411.

8. Request to Vacate a Road Easement on Parcels 1 and 3 of Parcel Map 10088 -

Recommendation:
1. Find that the road easement located on the parcel 1 and 3 as shown on Parcel Map 10088, is determined to be excess, and not required for street or highway purposes;

2. Adopt Resolution No.2010-39, a Resolution of the Town Council of the Town of Apple Valley, California, vacating the street easement at parcels 1 and 3, Parcel Map 10088, pursuant to the Streets and Highways Code Section 8334 (a);

3. Instruct the Town Clerk to cause the Resolution vacating the street easement to be recorded in the office of the County Recorder of the County of San Bernardino, pursuant to Section 8336 of the Streets and Highways Code.

PUBLIC HEARINGS

9. A Request To Consider An Amendment To Title 9 "Development Code" Of The Town Of Apple Valley Municipal Code By Amending Section 9.28.030 “Permitted Uses”, Adding Section 9.29.150 “Photovoltaic Solar Farms” And Amend The North Apple Valley Industrial Specific Plan (NAVISP) No. 2005-001 Amendment No. 3 By Establishing Regulations Related To Photovoltaic Solar Farms.

Recommendation:
Move to open the public hearing and take testimony. Close the public hearing. Then:

1. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), it can be determined that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is EXEMPT from further CEQA review.

2. Find the facts presented within the staff report support the required Findings for approval of an amendment to the Development Code and adopt the Findings.

3. Find that the proposed Town Council Ordinance is consistent with the Goals and Objectives of the adopted Town of Apple Valley General Plan and that it is necessary to preserve the health, safety and general welfare of the citizens of Apple Valley.

4. Move to waive the reading of Ordinance No. 412 in its entirety and read by title only.

5. Introduce Ordinance No.412, amending Section 9.28.030 “Permitted Uses” and adding Section 9.29.150 and amending Specific Plan No. 2005-001 Amendment No. 3 by establishing regulations related to photovoltaic solar farms.

10. 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 2010-40

2. Determine whether a majority protest exists, and

3. If no majority protest exists, adopt Resolution 2010-40, revising the sewer user fees for the use of Town sewers.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

11. Annual Budget Report of the Apple Valley Village Property and Business Improvement District (PBID) Association

Recommendation:
That the Town Council approve the Annual Budget Report of the Apple Valley Village Property and Business Improvement District Association.

12. Victor Valley Enterprise Zone Application

Recommendation:
That the Town Council approve the proposed Local Incentives Exclusive to Enterprise Zone Businesses and adopt Resolution No. 2010-41, a resolution authorizing the submission of an application to the State of California Department of Housing and Community Development for designation of the Victor Valley Enterprise Zone.

13. North Apple Valley Infrastructure Financing Plan

Recommendation:
1) Resolution Number 2010-42 of The Town Council of The Town of Apple Valley Approving The Submittal Of An Application For Allocation For Recovery Zone Economic Development Build America Bonds To Finance Water Mains And Sewer Infrastructure Improvements In The North Apple Valley ISP Area Through The Issuance, Sale And Delivery of Wastewater Revenue Bonds To Be Issued By The Apple Valley Public Financing Authority

2) Resolution Number 2010-03 of The Redevelopment Agency of The Town of Apple Valley Authorizing The Preparation of A Loan Agreement For The Loan of Proceeds of The Apple Valley Public Financing Authority Wastewater Revenue Bonds, Series 2010 To The Agency To Finance Water Mains And Sewer Infrastructure Improvements In The North Apple Valley Area

3) Resolution Number 2010-01 of The Apple Valley Public Financing Authority Indicating The Intent To Issue Its Wastewater Revenue Bonds, Series 2010 To Assist In Financing Water Mains And Sewer Infrastructure Improvements In The North Apple Valley Area

And

4) That the Town Council appropriate and allocate the anticipated revenue from the dissolution of County Service Area No. 17 to the North Apple Valley Infrastructure Financing Plan.


14. Update on the BMX Bike Park

Recommendation:
1. Instruct Staff to work with our design consultant, ASD, to complete the construction documents to include the custom concrete park design.

2. Provide direction with regard to the Phase 1 option.

15. Letter of Agreement Authorizing the Opening of Escrow for the Sale of the Towerco Cell Site CA2979, James Woody Park

Recommendation:
Authorize the Town Manager to sign the Letter of Agreement authorizing the opening of Escrow for the Sale of the Cellular Site at James Woody Park and further authorize the Mayor to sign final Escrow sale documents when complete.

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