January 26, 2010

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AGENDA

APPLE VALLEY TOWN COUNCIL/
REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

                                                                                        January 26, 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 THE REGULAR MEETING OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY 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:

- Town Hall Volunteer Recognition – Trina Hooper

- Certificates for Development Code Advisory Committee Members

1. Status of Habitat Conservation Plan – Solution Strategies

2. Victor Valley Economic Development Authority Presentation

3. Annual Audit Reports – Greg Fankhanel

SPECIAL ANNOUNCEMENTS:

PUBLIC COMMENTS

APPLE VALLEY CHAMBER OF COMMERCE - BUSINESS RETENTION UPDATE

HIGH DESERT HISPANIC CHAMBER OF COMMERCE

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, February 9, 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. Regular Meeting – January 12, 2010

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Treasurer’s Report – Month of November 2009

Recommendation:
Receive and file.

4. Commercial Warrant Schedule – November 2009

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


5. Payroll/Benefits Warrants Schedule – November 2009

Recommendation:
Receive, ratify and file the payroll warrant schedule as presented.


6. Claimant – George O’Keefe

Recommendation:
Reject the claim of George O’Keefe.


7. Adopt Resolution No. 2010-04, Approving a Deferment by the City of Adelanto of Prior Contribution Amounts Otherwise Due and Payable to the Victor Valley Economic Development Authority.

Recommendation:
That the Town Council adopt Resolution No. 2010-04, approving a deferment by the City of Adelanto of prior contribution amounts otherwise due and payable to the Victor Valley Economic Authority.


8. Approval for the Transfer of the Mojave Desert and Mountain Integrated Waste Joint Powers Authority Treasurer Functions (Including the Victor Valley Materials Recovery Facility) from the City of Victorville to the Town of Apple Valley

Recommendation:
Approve the recommendation of staff to transfer the Treasurer Functions for the Mojave Desert and Mountain Integrated Waste JPA (including the Materials Recovery Facility MRF) from the City of Victorville to the Town of Apple Valley.


9. Service Agreement with the California State Office of Administrative Hearings

Recommendation:
Authorize the Town Manager to initiate a service agreement with the State Office of Administrative Hearings.


10. Adopt Resolution No. 2010-05 to approve and Authorize an Agreement Between the Town of Apple Valley and the City of Victorville to Continue the Home Investment Partnerships Program (HOME) Consortium For The Period July 1, 2010 – June 30, 2013.

Recommendation:
That the Town Council Adopt Resolution No. 2010-05 to approve and authorize execution of the agreement by the Town Manager; and further authorize the Town Manager to make non-substantive modifications or corrections as deemed necessary.


11. Acceptance of Work, Notice of Completion and Release of Retention for the Town of Apple Valley Civic Center Park Concrete Walkway Work Phase II.

Recommendation:
1. Accept the work for the electrical upgrade at the Civic Center Park for a total cost of $147,504.70

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


12. Ratify and Approve Emergency Expenditures and Authorize Budget Amendment in the Wastewater Fund

Recommendation:
1. Ratify, approve and authorize emergency expenditure from the Wastewater System Maintenance account 5010-4210-7942 in the amount of $25,810.55 for the emergency repairs associated with the AD3A-1/2 lift stations, and appropriate funds ($25,810.55) from existing Fund Balance (AD-3A Bond Fund reserve account).

2. Ratify, approve and authorize payment to AES Global Inc. for costs associated with the Capital Project “Radio Telemetry”, totaling $42,005.15 from the Wastewater Capital Projects account 5010-4210-9300 ($70,000 budgeted, resulting in a surplus of $27,993.85).

3. Approve and authorize payment to So & Associates for costs associated with the Capital Project “AD3A PLC replacement”, estimated at $75,000. $40,000 to be paid from the Wastewater Capital Projects account 5010-4210-9300 ($40,000 budgeted for this component), and the remaining balance by authorizing a fund transfer ($35,000) from existing Fund Balance (AD3A Bond Fund reserve account).


PUBLIC HEARINGS


13. A Request to Modify the Provisions of the Development Code by Amending Section 9.78 “Wind Turbines” of Title 9 “Development Code” of the Apple Valley Municipal Code as it Relates to Site Development Standards for all Wind Energy Conversion Systems Located Within the Town of Apple Valley.

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), the project is exempt from environmental review because 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 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. 403 in its entirety and read by title only.

5. Introduce Ordinance No. 403, amending Title 9 “Development Code” of the Town of Apple Valley Municipal Code by amending Section 9.78 “Wind Turbines” of Title 9 “Development Code” of the Apple Valley Municipal Code as it relates to site development standards for all wind energy conversion systems located within the Town of Apple Valley.

6. Direct staff to file a Notice of Exemption.


14. A Resolution of the Town Council Authorized By Chapter 11.80 of the Town Of Apple Valley Municipal Code Establishing Charges for Impounded, Stored, Removed or Released Vehicles

Recommendation:
Open the Public Hearing and Take Public Testimony. Close the Public Hearing; and

Adopt Resolution No. 2010-06, a Resolution of the Town Council authorized by Chapter 11.80 of the Town of Apple Valley Municipal Code establishing charges for impounded, stored, removed or released vehicles.


15. Spay Day USA Awareness Campaign

Recommendation:
Authorize staff to implement Spay Day event on February 13, 2010, and approve expenditure of Handsel Grant funds, shelter donation and salary budget fund in an amount not to exceed $3,300.00.


LEGISLATIVE MATTERS


16. Mayor Allan to Fill Unscheduled Vacancy on the Town of Apple Valley Parks and Recreation Commission

Recommendation:
Mayor Allan to nominate: , to the Town of Apple Valley Parks and Recreation Commission.

 

REPORTS, REQUESTS AND COMMUNICATIONS


BUSINESS OF THE COUNCIL

17. Social Media Presence for the Town of Apple Valley

Recommendation:
Receive and file.


18. Update on the BMX Bike Park Project

Recommendation:
Receive and file.

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