September 14, 2010

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

September 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 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

A. Conference with Legal Counsel – Anticipated Litigation pursuant to subdivision (b) of the Government Code Section 54956.9 (one or more potential cases).

B. Conference with Legal Counsel – Existing Litigation under Government Code Section 54956.9(a) – Town of Apple Valley vs. High Desert Community Foundation Inc., San Bernardino Superior Court Case No. CIVSS 806940.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

High Desert Corridor - Doug Failing, Executive Director, Highway Program, Los Angeles County Metropolitan Transportation Authority

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, September 28, 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 – August 10, 2010

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


3. Adopt Ordinance No. 412 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:
Adopt Ordinance No. 412.

4. Award Contract for the Traffic Signal at Bear Valley Road and Deep Creek Road, Project Number 2010-02

Recommendation:
Award a contract to Cooley Construction, Inc. in the amount of $175,380.15 for the traffic signal at Bear Valley Road and Deep Creek Road Project, subject to the “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

5. Review and Approve Construction Plans and Specifications for the Central Road Widening Project and Authorize Staff to Proceed with Advertisement for this Project.Recommendation:
Review and approve the project documents for the Central Road Widening Project – Ottawa Road to Lucilla Road and direct staff to proceed with the project.

6. Award Contracts for the Construction of the New Public Works Facility

Recommendation:
Award construction bid(s) as highlighted on the attached bid summary for those trades indicated and authorize staff to contract with those firms subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

7. Acceptance of Work, Notice of Completion and Release of Retention for the Town of Apple Valley Town Hall Annex and Conference Center

Recommendation:
1. Accept the work of the 29 prime contractors for the work performed at the Town Hall Annex and Conference Center; release the total retention in the amount of $573,870.92.

2. 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

3. 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.

8. Claimant – Anthony Anaya

Recommendation:
Reject the claim of Anthony Anaya.

9. Claimant – Kate Silverstein

Recommendation:
Reject the claim of Kate Silverstein.

10. Claimant – Loretta Alexander-Smith

Recommendation:
Reject the claim of Loretta Alexander-Smith

11. Public Hearing No. 1 (Consolidated Plan – 5th Year Action Plan) – Establishing Date and Time Certain

Recommendation:
That the Town Council establish October 12, 2010 at 6:30 p.m., as the date and time certain for the purpose of conducting the first of two Community Development Block Grant and HOME Investment Partnerships programs public hearings necessary to develop the Town’s Consolidated Plan – Fifth Year Action Plan.

12. Treasurer’s Report – Month of June 2010

Recommendation:
Receive and file.

13. Payroll/Benefits Warrant Schedule – June 2010

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

14. Commercial Warrants Schedule – June 2010

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

15. Approve Plans and Authorize Advertising for Construction Bids for Photovoltaic System and Parking Lot Shade Structure.

Recommendation:
Review and approve construction plans and direct staff to proceed with advertising for bids on the construction of photovoltaic power system and parking lot shade structure or provide other direction to staff.

16. Award the Contract for the Highway 18 Median Improvement Project 2010-01: Navajo Road to Pawnee Road

Recommendation:
Award a contract to Cooley Construction, Inc. in the amount of $298,557 for the Highway 18 Median Project, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

17. Happy Trails Villas Release of Bonds

Recommendation:
Find that the construction of sewer improvements required for the Happy Trails Villas project are complete, and approve the release of the performance and labor and material securities.

PUBLIC HEARINGS

18. A Resolution of the Town Council of the Town of Apple Valley, California, Establishing Specified Facility Rental Fees

Recommendation:
Adopt Resolution No. 2010-44, 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 2010-2011 Fiscal Year.

19. A Request To Consider An Amendment To The North Apple Valley Industrial Specific Plan Eliminating The Designation Of Non-Conforming For The Use Of Exposed Metal Within The North Apple Valley Industrial Specific Plan.

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 Specific Plan No. 2005-001 Amendment No. 4 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. 413 in its entirety and read by title only.

5. Introduce Ordinance No. 413.

20. A Request to Review and Approve a General Plan Amendment to Change the Current Land Use Designation from Medium-Density Residential (R-M; 4 To 20 DU/Net Acres) to Mobile Home Park (MHP; 5 To 15 DU/Acres); and a Corresponding Rezoning Classification from Multi-Family Residential (R-M; 4 To 20 DU/Net Acres) to Mobile Home Park (MHP; 5 To 15 DU/Acres); and a Request to Approve a Conditional Use Permit (CUP) for a Forty-Five (45)-Mobile Home Unit Expansion of an Existing Seventy-Five (75)-Unit Mobile Home Park. The Vacant 4.69-Acre Project Site is Located on The Northerly Adjacent Property of an Existing Mobile Home Park, Approximately 1,000 Feet Northwest from the Intersection of Nisqually and Quinnault Roads; APN: 3087-372-06.

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

1. Determine, in conformance with the requirements of the State Guidelines to Implement the California Environmental Quality Act (CEQA), that the proposed General Plan Amendment No. 2010-001, Zone Change No. 2010-00 and Conditional Use Permit No. 2009-002 will not have a significant effect on the environment with adherence to the Mitigation Measures recommended by the Planning Commission.

2. Adopt the Mitigated Negative Declaration and Mitigation Monitoring program prepared for General Plan Amendment No. 2010-001, Zone Change No. 2010-001 and Conditional Use Permit No. 2009-002, finding that on the basis of the whole record before the Town Council there is no substantial evidence that the project will have a significant effect on the environment and that a Mitigated Negative Declaration reflects the Town’s independent judgment and analysis.

3. Find the facts presented within the staff report, including the attached Planning Commission staff report for June 2, 2010, support the required Findings for approval of the proposed General Plan Amendment No. 2010-001, Zone Change No. 2010-001 and Conditional Use Permit No. 2009-002 amendment of the Development Code and adopt the Findings.

4. Adopt Town Council Resolution No. 2010-43, approving General Plan Amendment 2010-001, changing the land use designation from R-M (Medium-Density Residential) to MHP (Mobile Home Park);

5. Find that Ordinance No. 414 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. 414 is consistent with the General Plan.

6. Move to waive the reading of Ordinance No. 414 in its entirety and read by title only.

7. Introduce Ordinance No. 414 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” by approving the conforming rezoning from Multi-Family Residential (R-M, 4 to 20 du/net acres) to Mobile Home Park (MHP, 5 to 15 du/net acres); APN 3087-372-06.

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

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

21. Memorandum of Understanding between the Town of Apple Valley and The County of San Bernardino regarding future Development within the Town’s Sphere of Influence

Recommendation:
Authorize and direct the Mayor, Town Clerk and Town Attorney to execute the Memorandum of Understanding and direct staff to forward the agreement to the County Board of Supervisors for its signature.

22. Community Choice Aggregation Feasibility Study Request

Recommendation:
That the Town Council approve the agreement with Navigant Consulting for a Community Choice Aggregation feasibility study within the Town for an amount not to exceed $30,000, and authorize the Town Manager to execute the agreement on behalf of the Town.

23. Discussion Regarding Offsite Storage for the Town of Apple Valley

Recommendation:
Provide direction to staff.

24. Happy Trails Villas Update

Recommendation:
No action is required at this time.


25. Report on the Impact of Closing Fire Station #6

Recommendation:
Receive the report from the Apple Valley Fire District and provide direction to staff.


26. Naming of the Town Hall Annex

Recommendation:
Provide direction to staff.

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