July 27, 2010

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

                                                                                            July 27, 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:

Employee of the Quarter – Sue Nethers, Office Assistant

Burrtec Presentation of Check for Reporting of Illegal Dumping

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 10, 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 13, 2010

B. Regular Meeting – July 13, 2010

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

3. Adopt Resolution No. 2010-34, 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. 2010-34, approving a deferment by the City of Adelanto of prior contribution amounts otherwise due and payable to the Victor Valley Economic Authority.

4. Claimant – Jesus Meza

Recommendation:
Reject the claim of Jesus Meza.

5. Letter In Opposition To Potential Legislation That Would Undermine Local Tot (Transient Occupation Tax) Collection

Recommendation:
Authorize the Mayor to sign a letter of Opposition to Potential Legislation that would undermine Local TOT collection.

6. Letter of Agreement Authorizing the Opening of Escrow for the Sale of The Towerco Cell Site CA0045, Corwin 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 Corwin Park and further authorize the Mayor to sign final Escrow sale documents when complete.

7. 2010-11 Contract Amendment with the San Bernardino County Sheriff

Recommendation:
Authorize the Town Manager to sign the 2010-11Contract Amendment between the San Bernardino County Sheriff and the Town of Apple Valley for a total amount of $9,815,650.

8. Award the Contract for the Dale Evans Reconstruction Project 2010-03: Otoe Road to Waalew Road

Recommendation:
Award a contract to Cooley Construction Inc., for the Dale Evans Reconstruction Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager; and Direct the Finance Division to amend the adopted budget as follows:

Increase A/C #4410-5210-9340-0000 $ 58,459
Decrease A/C #4410-5210-9590-0000 $(58,459)

9. Resolution No. 2010-35, Approving the Levy and Collection of Assessments for Fiscal Year 2010-11 within the Apple Valley Village Property and Business Improvement District

Recommendation:
That the Town Council adopt Resolution No. 2010-35, approving the levy and collection of assessments for FY2010-11 within the Apple Valley Village Property and Business Improvement District.

10. Approve the Preparation and Release of a Request for Proposal for Consultation and/or Counseling Services for the Staff of the Town of Apple Valley

Recommendation:
That the Town Council direct the Town Attorney to prepare and issue a Request for Proposal relating to counseling services for the staff of the Town of Apple Valley.

PUBLIC HEARINGS

11. Adopt Resolution No. 2010-37, To Record Delinquent Animal Control Fees, Utility Fees And Costs And Code Enforcement Fees Against Real Property Located In The Town Of Apple Valley And Directing That Said Assessments Constitute A Lien Upon Said Properties

Recommendation:
1. Open Public Hearing; Close Public Hearing

2. Adopt Resolution No. 2010-37, confirming delinquent animal control fees, utility fees and costs and code enforcement fees against real property located in the Town, and directing that said assessments constitute a lien upon said properties.

12. A Request To Consider 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:

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. 411 in its entirety and read by title only.
5. Introduce Ordinance No. 411, amending Section 9.74.060 “Exempt Signs” by establishing regulations related to temporary portable signs.

13.Lighting and Landscape Assessment District #1 – Engineer’s Annual Report and Levy of Assessment for Fiscal Year 2010-11.

Recommendation:
1. Conduct the public hearing

2. Adopt Resolution No. 2010-36, A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2010-2011.

LEGISLATIVE MATTERS

None.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

14. Equine Extravaganza Name Change and Budget Allocation Request

Recommendation:
That the Town Council approve an allocation of $1000 from the Town Council Special Projects funds to assist the Equestrian Advisory Committee in changing the name of the annual equine event.

15. Activity Report for James Woody Park Enforcement

Recommendation:
Move to receive and file the report.

16. A Resolution Of The Town Of Apple Valley, California, Determining The Amount Of Property Tax Revenues To Be Exchanged Between And Among County Service Area No. 17 And The Town Of Apple Valley, Resulting From The Jurisdictional Change Described In LAFCo No. 33156

Recommendation:
That the Mayor and Town Council approve and adopt Resolution No. 2010-38 providing for the transfer of property tax revenues from the County of San Bernardino to the Town of Apple Valley relating to the dissolution of County Service Area No. 17.

17. Golf Course Operating Report Update

Recommendation:
Receive and file.

18. Update On Implementation Of Apple Valley Country Club Advisory Committee Recommendation To Solicit RFQ’s For Golf Course Management

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