April 26, 2011

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.


                                                                                              April 26, 2011

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_____, Emick_____, Roelle_____, Mayor Pro Tem Stanton_____, Mayor Nassif_____.

(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 – Existing Litigation (Subdivision (a) of Section 54956.9 Name of case: Vandergriff (III and II) vs. Town of Apple Valley (Case No. CIVVS 70138).

B. Negotiations with Real Property Negotiator – Property located at 15200 Rancherias Road, Apple Valley; Negotiating Parties: David Tolsma, President, Apple Valley Country Club; Town Negotiator(s): Town Manager or Finance Director or Designee. Negotiations involve both price and terms of payment.

C. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluations. Title: Town Manager.

OPENING CEREMONIES

INVOCATION: Pastor Patrick Foy

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

SPECIAL ANNOUNCEMENTS:

PUBLIC COMMENTS

APPLE VALLEY CHAMBER OF COMMERCE – BUSINESS RETENTION 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, May 10, 2011, 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 – April 12, 2011
Recommendation:
Approve the subject minutes as part of the consent agenda.

3. Claimant – Barbara Sayed
Recommendation:
Reject the claim of Barbara Sayed

4. Adopt a Resolution Urging the Citizens Redistricting Commission to Keep the High Desert Region Unified
Recommendation:
That the Town Council Adopt Resolution No. 2011-12.

5. Fiscal Year 2009 and 2010 Homeland Security Grant Program
Recommendation:
1. Approve acceptance of the FY09 HSG Program funds in the amount of $22,470 and FY10 HSG Program funds in the amount of $36,927,

2. Authorize the Town Manager to sign the Sub-recipient Grant Agreements, and

3. Adopt the attached Budget Amendment Number 11-34 appropriating the grant funding.

6. Fee Waiver Request for the American Cancer Society Relay for Life on June 25-26, 2011.
Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $2608 and Special Event Permit fee of $49 for the American Cancer Society, totaling $2657.

7. Southern California Edison’s Request of Easement
Recommendation:
That the Town Council approve Southern California Edison’s Grant of Easement request.

8. Review And Approve Construction Specifications For The Slurry/Micro Seal 2010-11 Project, Appropriate Funds, And Authorize Staff To Proceed With Advertisement For This Project.
Recommendation:
1. Review and approve specifications for the Slurry/Micro Seal 2010-11 Project and direct staff to proceed with the project.

2. Approve BA 11-35 appropriating $1,000,000 into project account # 2020-5210-9525-0000.

9. Approve and Authorize an Agreement with San Bernardino County Department of Public Works for Final Design of Yates Road, Right-of-Way Design, Acquisition, and Capital, within County Jurisdictional Area
Recommendation:
That the Town Council approve the Agreement with San Bernardino County Department of Public Works for Final Design of Yates Road, Right-of-Way Design, Acquisition and Capital within the County Jurisdictional Area, subject to approval as to form by the Town Attorney and as to content by the Town Manager.

10. Accept and Approve Agreement Reached with Property Owners for Acquisition of Road Right-Of-Way and Construction Easements for the Yucca Loma Road/ Yates Road/ Green Tree Blvd. Corridor Project
Recommendation:
Approve and accept the acquisition agreements and authorize the Town Manager or Town Engineer to execute the Agreement and proceed with all necessary documents in connection therewith.

11. Resolution No. 2011-01, A Resolution of The Redevelopment Agency of the Town of Apple Valley Providing for Payment of its Supplemental Educational Revenue Augmentation Fund (SERAF) Obligation for Fiscal Year 2010-2011 with funds from the Redevelopment Agency’s Set-Aside Funds.
Recommendation:
That the Redevelopment Agency of the Town of Apple Valley adopt Resolution No.2011-01, a Resolution providing for payment of its SERAF obligation for fiscal year 2010-2011 with funds from the Redevelopment Agency’s housing set-aside funds totaling $777,273 consisting of $401,767 for the Apple Valley VVEDA Project Area No. 1 and $375,506 for Apple Valley Project Area No. 2.

PUBLIC HEARINGS

12. Adoption of Ordinance No. 419, Modifying Chapter 6.20 of the Town of Apple Valley Municipal Code, Solid Waste Regulations.
Recommendation:
1. Move to waive the reading of Ordinance No. 419 in its entirety and read by title only.

2. Move to introduce Ordinance No. 419, amending Chapter 6.20 of the Town of Apple Valley Municipal Code regarding solid waste and recycling.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

13. Wal-Mart Initiative Petition
Recommendation:
That the Town Council introduce Ordinance No. 420 to approve project as represented in the initiative, without alteration due to the following reasons:

* Staff originally recommended approval of the project to the Planning Commission;

* On January 5, 2011, the Planning Commission unanimously certified the Environmental Impact Report and approved the entitlements for the project;

* At the December 15, 2010 and January 5, 2011 public hearings before the Planning Commission, there was no one present who spoke in opposition to the project; and,

* The cost of a special election will range from $175,000 - $185,000.

14. Discussion of Establishing a Set-Time on the RDA/Town Council Regular Agenda for Closed Session Matters
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