April 8, 2008

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

April 8, 2008

The Town Council’s 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. 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, 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 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 – 6:30 p.m.

ROLL CALL:

COUNCILMEMBERS: Allan_____, Nassif_____, Roelle_____, Mayor Pro Tem Sagona_____, Mayor Jasper_____.

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

CLOSED SESSION

1. Closed Session

A. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluation. Titles: Town Manager; Town Attorney.

B. Negotiations with Real Property Negotiator – Parcel Number: 3087-391-04 located at 13450 Nomwaket Road, Apple Valley; Negotiating Parties: Borges, Edward G and Jean C.; Town Negotiator(s)--Town Manager or Finance Director or Designee. Negotiations involve both price and terms.

C. Negotiations with Real Property Negotiator – Parcel Number: 3087-391-01 & 02 located at Powhatan and Quinnault Roads, Apple Valley; Negotiating Parties: Carl Jones; Town Negotiator(s) – Town Manager or Finance Director or Designee. Negotiations involve both price and terms.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

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. Special Meeting – Tuesday, April 22, 2008, 4:30 p.m. – Council Chambers

B. Regular Meeting – Tuesday, April 22, 2008, 6:30 p.m. – Council Chambers

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 – March 25, 2008

B. Special Meeting – March 28, 2008

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Adopt Ordinance No. 379, Amending Chapter 6.20 of the Town of Apple Valley Municipal Code Relating to Solid Waste Regulations by Adding Section 6.21 Mandating Participation in the Town’s Solid Waste Handling Services Program and Amending Municipal Code Section 6.20.160 0 Making a Violation for Said Chapter a Misdemeanor.Recommendation:

Adopt Ordinance No. 379

4. Claimant – Carl E. Huffman

Recommendation:

Reject the claim of Carl E. Huffman.

5. Accept the Securities and the Agreement for the Construction of Town Center Drive Recommendation:

That the Town Council approve securities and agreements for the Construction of Town Center Drive subject to approval as to form by the Town Attorney and as to content by the Town Manager.

6. Review and Approve Construction Specifications for the Kiowa Road Improvement Project, and Authorize Staff to proceed with Advertisement for this Project.

Recommendation:

Review and approve specifications for the Kiowa Road Improvement Project and direct staff to proceed with the project.

7. Professional Services Agreement between the Town of Apple Valley and Edward Henning and Associates

Recommendation:

That the Town Council authorize the Town Manager to enter into a contract between the Town of Apple Valley and Ed Henning and Associates in an amount not to exceed $7,500 for the purpose of providing technical assistance to the Apple Valley Village Business Improvement District.

8. Approve and Adopt a Resolution in Support of the Mojave Water Agency Regional Recharge and Recovery Project

Recommendation:

Approve and Adopt Resolution Number 2008-14, supporting the Mojave Water Agency Regional Recharge and Recovery Project (“R-Cubed”).

PUBLIC HEARINGS

(CONTINUED FROM JANUARY 8, 2008)

9. A Request Shall be Presented to the Town Council to Amend the Provisions of the Development Code Pertaining to Modifying Regulations for Snipe Signs in the Public Right-Of-Way, Modifying the Residential Kiosk Directional Sign Program and Limiting the Use of Human Operated Signs within Residential Neighborhoods.

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, stating 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, 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. 367 in its entirety and read by title only.

5. Introduce Ordinance No. 367, amending Chapter 9.74 “Signs and Advertising Displays” of the Development Code as it relates to modifying the regulations for snipe signs within the public right-of-way, modifying the Kiosk Sign Program regulations and limiting human operated signs within the Residential neighborhoods within the Town.

6. Direct staff to file a Notice of Exemption.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

10. Introduce Ordinance No. 380, an Ordinance of the Town Council of the Town of Apple Valley Repealing Ordinance No. 14 and relinquishing responsibility for the Enforcement of the Mobile home Parks Act and Related Regulations to the State of California Housing and Community Development Department.Recommendation:

1. Waive The Reading of Ordinance No. 380 and Read By Title Only.

2. Introduce Town Council Ordinance No. 380, An Ordinance of the Town Council of the Town of Apple Valley, Repealing Ordinance No. 14 and Relinquishing Responsibility for the Enforcement of the Mobile Home Parks Act and related regulations to the State of California Housing and Community Development Department.

11. Award of Professional Services Agreement for Construction Management Services to Swinerton Management and Consulting, for the Town Hall Expansion and Animal Control Facilities.

Recommendation:

That the Town Council authorize staff to negotiate a Professional Services Agreement with Swinerton Management for Construction Management and related services for the Town Hall Expansion Facility and Animal Control Facility and bring back such agreement to the Town Council for review and approval. Further, that staff be authorized to negotiate a Professional Services Agreement with the #2-rated respondent in the event staff is unable to reach agreement with Swinerton Management.

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

Time: