January 10, 2012

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

January 10, 2012

CLOSED SESSION BEGINS AT 5:00 P.M.

REGULAR SESSION BEGINS AT 6:30 P.M.

PLEASE SILENCE CELL PHONES AND PAGERS UPON ENTERING THE CHAMBERS

The meeting will occur in the Council Chambers located at 14955 Dale Evans Parkway in Apple Valley, California.

This is an agenda for the scheduled meeting of the Town Council of the Town of Apple Valley.

This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chambers. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.

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.

Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.

In accordance with the Rules of Procedure members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak. Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.

When called, approach the podium and please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.

Individuals, who demonstrate disruptive conduct during Town Council Meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in Section 2.04.030 of the Town of Apple Valley Municipal Code and are subject to removal from the Chambers or arrest.

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.

TOWN COUNCIL/REDEVELOPMENT AGENCY CLOSED SESSION

CALL TO ORDER

ROLL CALL

COUNCILMEMBERS/BOARDMEMBERS:

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

(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)

PUBLIC COMMENTS

CLOSED SESSION

1. Closed Session

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

TOWN COUNCIL/REDEVELOPMENT AGENCY REGULAR SESSION

CALL TO ORDER THE REGULAR SESSION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY MEETING – 6:30 p.m.

ROLL CALL

COUNCILMEMBERS/BOARDMEMBERS:

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

(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Blue Ribbon Water Committee Recognition
Girl Scout Troop 357 Certificate of Appreciation presented to Alicia Lennartz, Troop Leader

PUBLIC COMMENTS

APPLE VALLEY RANCHOS WATER COMPANY UPDATE

Scott Weldy, Apple Valley Ranchos Water Company, PowerPoint presentation on Apple Valley Ranchos Water Company’s recently approved Urban Water Management Plan.

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 24, 2012 – Council Chambers

Closed Session at 5:00 p.m.

Regular Session at 6:30 p.m.

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 – December 13, 2011

B. Special Meeting – December 15, 2011

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

3. Treasurer’s Report – Month of November 2011 and Schedule of Revenues, Expenditures and Changes in Fund Balance for the Parks & Recreation Fund and the Apple Valley Golf Club Fund

Recommendation:
Receive and file.

4. Commercial Warrants Schedule – Month of November 2011

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

5. Payroll/Benefits Warrants Schedule – Month of November 2011

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

6. Apple Valley Plaza Sewer Lift Station Acceptance

Recommendation:
Find that the construction of the sewer lift station and sewer improvements required for the Apple Valley Plaza (Tentative Parcel Map No. 19260) are complete and accept the improvements into the Town’s maintained system.

7. Reduction of Maintenance Securities for Completed Street Improvements on Tract Map 16134

Recommendation:
Approve new securities and agreements reflecting a two-year extension of the Agreement, and 25% maintenance level security for the work that is completed, and 100% security for the remaining un-finished improvements, (The adjusted securities and agreements will remain in place until all public improvements within Tract Map No. 16134 are complete and eligible for the one-year maintenance period to begin.) subject to approval as to form by the Town Attorney and as to content by the Town Manager.

PUBLIC HEARINGS

8. Golden Triangle Amnesty Program - Annexation No. 2008-001

Recommendation:
Move to open public hearing and take testimony.

Close the public hearing. Then:

Adopt Resolution No. 2012-001, approving the Amnesty Program for the Golden Triangle (Annexation No. 2008-01).

9. General Plan Amendment No. 2011-001: A Request To Consider A Change To The General Plan Land Use Designation From Planned Industrial (I-P) To Specific Plan (Sp) For The Amendment Area.

Zone Change No. 2011-001: A Request To Consider A Change To The Zoning Designation From Planned Industrial (I-P) To Specific Plan (Sp) For The Amendment Area. Specific Plan 2005-001 Amendment No. 5, Amends Exhibit Ii-2 (Land Use Map) To Indicate Industrial - Specific Plan (I-Sp) For The Amendment Area.

Specific Plan No. 2005-001 Amendment No. 5: A Request To Consider An Amendment To The North Apple Valley Industrial Specific Plan (NAVISP) To Add 1,120 Acres To The Industrial Specific Plan Area Between Quarry And Langley Roads And The Northeast Area (Annexation No. 2008-002); Amend Specific Text To Reflect Corrected Land Use Acreage, Square Footage Calculations, Exhibits To Reflect The New Specific Plan Boundary And Amend Exhibit Ii-2 (Land Use Map) To Reflect Industrial - Specific Plan (I-SP) For The Amendment Area.

Recommendation:

Move to open public hearing and take testimony.

Close the public hearing. Then:

1. Determine, in conformance with the requirements of the California Environmental Quality Act (CEQA), and the State Guidelines to Implement CEQA, the Town Council finds the existing conditions, impacts and mitigation measures for all the CEQA issue areas, categorically, relating to the land being considered in this Specific Plan Amendment were studied in the General Plan Environmental Impact Report (EIR), under the discussion labeled "Annexation No. 2008-002". Furthermore, the land use designation proposed in the General Plan Land Use Map is consistent with the land use proposed in the Specific Plan Amendment. Conditions in the Specific Plan Amendment area have not changed since the preparation and certification of the General Plan EIR. Therefore, the conclusions of that document are applicable to the proposed Specific Plan Amendment, and no further environmental analysis under CEQA is required.

2. Find the facts presented within the staff report, including the attached Planning Commission staff report for September 7, 2011, support the required Findings for approval of the proposed Specific Plan and Zoning Map amendment and adopt the Findings.

3. Adopt Town Council Resolution No. 2012-02, approving General Plan Amendment No. 2011-001;

4. Move to waive the reading of Ordinance No.427 and Ordinance No.428 in their entirety and read by title only.

5. Introduce Ordinance No. 427, approving Specific Plan No. 2005-001 Amendment No. 5, the North Apple Valley Industrial Specific Plan; and

6. Introduce Ordinance No. 428, approving Zone Change No. 2011-001.

7. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board of Supervisors.

LEGISLATIVE MATTERS

10. Council Member Representation on Various Boards, Committees and Commissions

Recommendation:
That the Town Council choose one of its number to fill the positions on certain Council Boards, Committees and Commissions as shown in the attached summary sheet or confirm that no changes are necessary.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

11. A Professional Services Contract For The Preparation Of The Sewer Master Plan Update

Recommendation:
1. Award the professional services contract in the not-to-exceed amount of $263,097.00 to URS Corporation, for professional services for the preparation and development of the Sewer Master Plan Update subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

2. This project is currently budgeted in FY 11-12 to the amount of $250,000, and is projected for completion during FY 12-13.

12. Discussion Regarding Speaking Time Limits For Public Comments During Town Council Meetings

Recommendation:
Provide direction to staff.

13. Town Of Apple Valley Electing To Become The Successor Agency Of The Redevelopment Agency Of The Town Of Apple Valley Pursuant To Part 1.85 Of Division 24 Of The California Health And Safety Code As Provided By Ab 1x 26; and

Redevelopment Agency Of The Town Of Apple Valley Approving And Adopting An Amendment To Its Enforceable Obligation Payment Schedule Pursuant To Part 1.8 Of Division 24 Of The California Health And Safety Code As Provided By Ab 1x 26

Recommendation:
1. That the Town Council adopt the attached Resolution No. 2012-03 which, upon adoption, sets forth the election of the Town of Apple Valley (“Town”) to serve as the successor agency of the Redevelopment Agency of the Town of Apple Valley (“Agency”).

2. That the Redevelopment Agency adopt the attached RDA Resolution No. 2012-01 revising the previously adopted Enforceable Obligation Payment Schedule (“EOPS”) to extend the operative period of the EOPS from December 31, 2011 to April 30, 2012.

14. Discussion of Fees Charged For Records Requests

Recommendation:
That the Town Council direct staff to prepare an amendment to the Town of Apple Valley Fee Schedule and revise the fees for copy charges to reflect the direct cost of duplication.

15. Designation of Alternate Representative to the Solid Waste Advisory Task Force (SWAT).

Recommendation:
Designate an alternative representative to the Solid Waste Advisory Task Force (SWAT) and send formal notice to the County Solid Waste Management Division to be agendized for consideration at the next SWAT meeting.

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