December 14, 2010

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AGENDA

 APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

 

                                                                                         December 14, 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.  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 – 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)

CLOSED SESSION

 1.    Closed Session   

None.

OPENING CEREMONIES

INVOCATION:            

PRESENTATION OF FLAGS:

CANVASS OF ELECTION RETURNS

CANVASS OF ELECTION RETURNS

2.    Results of Canvass of Election Returns of the Town of Apple Valley, General Municipal Election Held November 2, 2010, and adopt Resolution No. 2010-52 Reciting the Fact of the Election and Such Other Matters Provided by Law.

Recommendation:  

Adopt Resolution No. 2010-52 reciting the fact of the election and such other matters provided by law.

SPECIAL PRESENTATIONS:

Recognition of Council Member Service

1. First District Supervisor Brad Mitzelfelt

2. Representative from the Mojave Desert Air Quality Management District

3. Town of Apple Valley

3.    Installation of Newly Elected Council Members Pursuant to the Results of the General Municipal Election Held November 2, 2010.

Recommendation:  

Administration of Oaths to newly elected Council Members.

Council Member-Elect Barb Stanton – Oath Administered by Pastor Steve Colangelo

Council Member-Elect Curt Emick – Oath Administered by Town Clerk

Council Member Scott Nassif – Oath Administered by Town Clerk

Town Clerk to present each newly elected Council Member a Certificate of Election. 

4.    Selection of Mayor and Mayor Pro Tempore

Recommendation:  

(1) Council to select one of its number as Mayor; and

(2) Council to select one of its number as Mayor Pro Tempore.

RECESS FOR REORGANIZATION

PRESENTATION:

Night at the Shelter – Gina Schwin-Whiteside

Animal Services Recognition – Gina Schwin-Whiteside

Blue Ribbon Award – Sycamore Elementary School

Multi Species Habitat Conservation Plan Progress Report

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, January 11, 2011 at 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.

5.    Approval of Minutes of the Town Council

A. Regular Meeting – November 9, 2010

B. Special Meeting – November 30, 2010

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

6.    Treasurer’s Report – October 2010

Recommendation:
Receive and file

7.    Commercial Warrants Schedule – October 2010

Recommendation:
Receive, ratify, and file the commercial warrants as presented.

8.    Payroll/Benefits Warrant Schedule – October 2010

Recommendation:
Receive, ratify, and file the payroll/benefits warrants as presented.

9.    Acceptance of Work, Notice of Completion and Release of Retention for Dale Evans       Parkway Reconstruction, Otoe Road to Waalew Road, Town Project 2010-03.

Recommendation:
1. Accept the work for the roadway improvements on Project Name for a total cost of $432,439.82.

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.

10.   Amendment to Sheriff’s Contract – Vehicle Exchanges

Recommendation:
Approve the amendment to the Sheriff’s Contract involving the addition of two COP vehicles and      one unmarked detective unit at an additional contract cost of $3,224.00.

11.   Approval of a Memorandum of Understanding (MOU) with the City of Victorville for Animal Services

Recommendation:
That the Town Council approve the attached Memorandum of Understanding with the City of       Victorville for Animal Sheltering Services.

12.   Fee Waiver Request for the Lifestream Blood Drives During 2011 at the Apple Valley Conference Center

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $2,730.00.

13.   Approve Resolution No. 2010-53, Amending the Records Retention Schedule for the Town of Apple Valley, Authorizing Appropriate Document Destruction and Rescinding Resolution Number 2009-29.

Recommendation:
That the Town Council approve and adopt Resolution Number 2010-53, 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 2009-29.

14.   Town of Apple Valley Climate Action Plan:  A Request to Add an Implementation Plan to the Town’s Adopted Climate Action Plan

Recommendation:
Adopt Town Council Resolution No. 2010-54, adding an Implementation Plan to the Town of Apple Valley Climate Action Plan.

15.   Reallocation of Legal Fees Charged to the Golf Course Fund for Water and Reversionary Rights to the Wastewater Fund

Recommendation:
Authorize the transfer of Legal expenditures related to water and reversionary rights ($633,423) to the Wastewater Fund and, in accordance with Town Policy, amend the Wastewater legal expense budget in an equal amount.  Credit the Golf Course Fund $633,423 Legal Expenditure Account accordingly.

16.   Acceptance of Work, Notice of Completion and Release of Retention for the Town of Apple Valley Development Services and Conference Center Building       

Recommendation:
1. Accept the work of the attached three (3) prime contractors for the work performed at the Development Services and Conference Center; release the total retention in the amount of $179,955.77. Direct the Town Clerk to file a Notice of Completion for their contract work, notify surety, exonerate bonds and notify prime contractors escrow account holders to release with held retention funds provide no claims are filed against the contractor or Town

2. Direct the Finance Director to release retained funds 30 days after the acceptance of work and filing of the Notice of Completion, or notify prime contractors escrow account holders to release the withheld retention funds provided no claims are filed against the contractor or Town.

17.   Resolution of the Town Council of the Town of Apple Valley Designating the Tort Liability Claims Handling Responsibilities to the California Joint Powers Insurance Authority

Recommendation:
That the Town Council adopt Resolution No. 2010-55 of the Town Council of the Town of Apple Valley Designating the Tort Liability Claims Handling Responsibilities to the California Joint Powers Insurance Authority.

PUBLIC HEARINGS

 18.   A Request To Amend The General Plan From Single Family Residential (R-SF, 1 DU 0.4 To 0.9 Net Acres) And Open Space (OS) To Specific Plan (SP) And Zoning From Single Family Residential (R-SF, 1 DU Per 0.4 To 0.9 Net Acres) And Open Space Conservation (OS-C) To Specific Plan (SP).  The Specific Plan Addresses Future Development, Including Expansion Of The Existing K-12 Lewis Center For Educational Research School Site (The “Academy For Academic Excellence”), Along With Future Development Plans For A College/University Campus. The Project Is 150-Acres In Size; APNs 0474-183-21 And -22.

Recommendation:
1.    Determine, in conformance with the requirements of the State Guidelines to Implement the California Environmental Quality Act (CEQA), that:

a.    The proposed General Plan Amendment, Specific Plan and Zone Change will not have a significant effect on the environment with adherence to the Mitigated Negative Declaration and Mitigation Monitoring Plan recommended by the Planning Commission; and

b.    The proposed project could have the potential for adverse effects on wildlife resources and the applicant is responsible for the payment of the California Department of Fish and Game fees at the time of the Notice of Determination filing with the County.

2.    Find that, based on the whole record before the Town Council, including the Initial Study and any comments received, there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Town’s independent judgment and analysis.

3.    Find that Ordinance No 415 is consistent with the Goals and Objectives of the adopted Town of Apple Valley General Plan and, as such, shall promote the health, safety and general welfare of the citizens of Apple Valley, and that Ordinance No. 415 approving conforming rezoning is consistent with the Specific Plan established by said Ordinance.

4.    Find the facts presented within this staff report, including the attached Planning Commission staff report for October 6, 2010, support the required Findings for approval of the proposed General Plan Amendment No. 2009-001, Specific Plan No. 2009-001 and Zone Change No. 2009-001.

5.    Adopt Resolution No. 2010-51 approving General Plan Amendment No. 2009-001.

6.    Move to waive the reading of Ordinance No. 415 in its entirety and read by title only.

7.    Introduce Ordinance No. 415 approving Specific Plan No. 2009-001 and amending that portion of Title 9 (Development Code) of the Town of Apple Valley Municipal Code, Section 9.05.040 “Adoption of the Official Zoning Map” subsection “B” zoning from Single Family Residential (R-SF, 1 du per 0.4 to 0.9 net acres) and Open Space Conservation (OS-C) to Specific Plan (SP), regarding parcels APNs 0474-183-21 and 22.

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

19.   Adoption of the Mitigated Negative Declaration and Approval of the Yucca Loma Road/Yates Road/Green Tree Boulevard Transportation Improvement Project

Recommendation:
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. 2010-56 adopting the Mitigated Negative Declaration, including all recommended environmental findings and all measures found in the Environmental Commitments Record.

2. Approve as the locally preferred alternative: Alternative “B” from the Environmental Document which includes the entire Yucca Loma Road/Yates Road/Green Tree Boulevard Project from Apple Valley Road to Hesperia Road and avoids acquisition of residents along the roadway alignment.

3. Direct staff to file the Notice of Determination with the San Bernardino County Clerk of the Board.

4. Direct Town of Apple Valley staff to advance final design and right of way acquisition for the Town and work with the City of Victorville and San Bernardino County staff to develop a Memorandum of Understanding for completion of County and City portions.

LEGISLATIVE MATTERS

20.   Vacancies on the Town of Apple Valley Committees/Commissions due to Reorganization of the Town Council

 Recommendation:
1.    That Councilmembers Emick and Stanton appoint a person to the Community Development Citizens Advisory Committee or exercise the right to re-nominate the appointee whose term has expired. (2.18.010 AVMC)  ________________________

2.    That Councilmembers Emick and Stanton appoint a person to the Historical Advisory Committee or exercise the right to re-nominate the appointee whose term has expired. (2.18.010 AVMC) ____________________________

3.    That Councilmembers Emick and Stanton appoint a person to the Equestrian Advisory Committee or exercise the right to re-nominate the appointee whose term has expired. (2.18.010 AVMC) _____________________________

4.    That Councilmembers Emick and Stanton appoint a person to the Planning Commission or exercise the right to re-nominate the appointee whose term has expired. (2.18.010 AVMC) __________________________

5.    That Councilmembers Emick and Stanton appoint a person to the Park and Recreation Commission Citizens Advisory Committee or exercise the right to re-nominate the appointee whose term has expired. (2.18.010 AVMC) _______________________

21.   Vacancies on the Town of Apple Valley Equestrian Committee

Recommendation: 
Councilmember Coleman to nominate:                           , to the Town of Apple Valley Equestrian Advisory Committee.

Councilmember Roelle to nominate:                            , to the Town of Apple Valley Equestrian Advisory Committee.

22.   Council Members Representation on Various Boards, Committees and Commissions

Recommendation: 
That the Town Council choose one of its number to fill the vacancies on certain Council Boards, Committees and Commissions as shown in the summary sheet attached.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

 23.   An Ordinance Of The Town Council Of The Of The Town Of Apple Valley, California, Amending Title 8 Of The Town Of Apple Valley Municipal Code By Amending Chapters 8.10, 8.12, 8.16, 8.18, 8.21, 8.22, And 8.26, Adding Chapters 8.13, 8.15 And Repealing Chapter 8.14, Adopting As Modified The 2010 Edition Of The California Building Code Volumes 1, 2 Including The Appendix And Standards, The 2010 Edition Of The California Electrical Code, The 2010 Edition Of The California Plumbing Code, The 2010 Edition Of The California Mechanical Code, The 2008 Edition Of The Uniform Solar Energy Code, The 2010 Edition Of The California Residential Code, 2010 Edition Of The California Green Building Code And Adopting Other Regulations Relating To Building Requirements.

Recommendation: 
1. Determine that, pursuant to section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review, stating 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, the proposed Code Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.

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

3. Find that the proposed Town 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. 416 in it’s entirety and read by title only

5. Introduce Ordinance No. 416, amending Chapter 9.21 of the Development Code as it relates to the adoption of the Building Code

6. Direct staff to file a Notice of Exemption

24.   Award of Contracts for Phase I – Project 2010-PRO1 – Skate Park Expansion and Renovation & Operations Discussion

Recommendation:
1. Award the contract to California Landscape and Design Inc. in the not to exceed amount of $242,000

2. Award the contract to Action Sport Development in the not to exceed amount of $6,902

3. Authorize a budget amendment in the amount of $248,902 from the General Fund to 2510-6910-9555-0000

4. Provide direction as to the future operations of the facility.

25.   Authorize Mayor to Execute Amendment to Victor Valley Transit Authority (VVTA) Joint Powers Agreement

Recommendation:
Authorize Mayor to execute amendment to Victor Valley Transit Joint Powers Agreement.

TOWN MANAGER’S COMMENTS AND 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