December 9, 2008

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

December 9, 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. (G.C. 54954.3 (a)). 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: Jasper_____, Nassif_____, Sagona_____, Mayor Pro Tem Roelle_____, Mayor Shoup_____.

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

CLOSED SESSION

1. Closed Session

A. 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:
Pastor Doris Eddy, Valley Christian Fellowship

PRESENTATION OF FLAGS:
Posting of the Colors by the Granite Hills High School Air Force Jr. ROTC Color Guards, led by Cadet-Major Preston Goebel.

NATIONAL ANTHEM:
Apple Valley High School Choir

CANVASS OF ELECTION RETURNS

2. Results of Canvass of Election Returns of the Town of Apple Valley, General Municipal Election Held November 4, 2008, and adopt Resolution No. 2008-63 Reciting the Fact of the Election and Such Other Matters Provided by Law.
Recommendation:
Adopt Resolution No. 2008-63 reciting the fact of the election and such other matters provided by law.

3. Installation of Newly Elected Council Members Pursuant to the Results of the General Municipal Election Held November 4, 2008.
Recommendation:
Administration of Oaths to newly elected Council Members.

Town Clerk to present each newly elected Council Member a Certificate of Election.

4. Selection of Mayor and Mayor Pro Tempore

Recommendation:
(1) Council to select one of its number as Mayor; and
(2) Council to select one of its number as Mayor Pro Tempore.

RECESS FOR REORGANIZATION

PRESENTATION:

Mayor’s Plaque – Mayor Jasper for his term as Mayor on the Town Council for the period December 2007 to December 2008.

Report on Victor Valley Wastewater Reclamation Authority – Mr. Logan Olds, General Manager

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, January 13, 2009 at 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.

5. Approval of Minutes of the Town Council
A. Regular Meeting – November 18, 2008

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

6. Adopt Ordinance No. 391, An Ordinance of The Town Council of the Town of Apple Valley Amending Chapter 2.60 (Personnel) of Title 2 of the Town of Apple Valley Municipal Code Relating to Compensation of All Town Employees

Recommendation:
Adopt Ordinance No. 391.

7. Supplemental Law Enforcement Services Funds (SLESF – COPS Grant)

Recommendation:
Authorize the Finance Director to submit to the County a request for the Supplemental Law Enforcement Service Fund (SLESF) – COPS Grant in the amount of $111,762 plus accrued interest to be used to supplement the Juvenile Officer positions.

8. Four-Way Stop at the Intersection of Dale Evans Parkway and Corwin Road
Recommendation:
Adopt Resolution 2008-64, A Resolution of the Town Council of the Town of Apple Valley establishing the intersection of Dale Evans Parkway and Corwin Road as a four-way STOP intersection.

9. Four-Way Stop at the Intersection of Reata Road and Pimlico Road

Recommendation:
Adopt Resolution 2008-65, A Resolution of the Town Council of the Town of Apple Valley establishing the intersection of Reata Road and Pimlico Road as a four-way STOP intersection.

10. Award Contract for the Navajo Road Improvements; Highway 18 to Waalew Road, Project Number 2008-09

Recommendation:
Award a contract to Sully-Miller Contracting Co. for the Navajo Road Improvements Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

11. Award Contract for the Microsurface 2008 Project; Project Number 2008-07

Recommendation:
Award a contract to Valley Slurry Seal Co. for the Microsurface Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

12. Release of Securities for Tract Map No. 17093-1

Recommendation:
Find that the construction of various improvements required for Tract 17093-1 is complete, and approve the 50% reduction of the performance securities.

13. A Cooperative Agreement between the Town of Apple Valley and the State Department of Transportation District 8, for the Relinquishment of Outer Interstate 15 within the Town’s Jurisdiction.

Recommendation:
Approve the Relinquishment of Outer Interstate 15 Cooperative Agreement between the State Department of Transportation District 8 and the Town of Apple Valley.

14. Accept the Final Map for Parcel Map No. 18416 – Jess Ranch Marketplace, Phase III

Recommendation:
Move to accept the Final Map for Parcel Map No. 18416.

15. Resolution Recognizing the Green Valley Initiative and Endorsing Participation as a Green Valley Jurisdiction

Recommendation:
Adopt Resolution No. 2008-66, a Resolution of the Town Council of the Town of Apple Valley Recognizing the Green Valley Initiative and Endorsing Participation as a Green Valley Jurisdiction.

16. Amendment to the Professional Services Contract for the Design Services for the Town Hall Expansion Facility.

Recommendation:
Award the amended professional services contract in the additional amount of $155,670 to Dougherty and Dougherty Architects, LLP, for design services for the Town Hall Expansion Facility, to include 6,200 square feet of civic meeting space, and redesign fees related to elimination of the access floor system, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

17. Award Contract for the Construction of the Apple Valley Municipal Services Animal Shelter

Recommendation:
Award/Reject the bid(s) as indicated on attachments for each bidding category and authorize staff to contract with the contracting firms subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

PUBLIC HEARINGS

18. Reconsideration Of Appeal (No. 2008-004) Of The Planning Commission’s August 20, 2008 Denial Of Conditional Use Permit No. 2008-004, That Would Permit The Operation Of Two (2) Crematories That Would Provide Cremation Services For Both Human And Animal Remains. The Proposal Would Occupy Two (2) Suites, Totaling Approximately 4,500 Square Feet Of Leased Space, Inside An Existing Industrial Building. The Project Site Is Approximately Two (2) Acres In Size And Is Located Within The Service Commercial (C-S) Zoning Designation.

Recommendation:
Open the public hearing and take public testimony. Close the public hearing. Then:
1. Find that Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), Section 15270 (a), that a project which is denied is Exempt from CEQA.
2. Find the Facts presented within the staff report for the Council hearing of October 14, 2008, including the comments of the public and the Planning Commissioners as reflected in the Minutes of the Planning Commission Meeting of July 16 and August 20, 2008, and the record as a whole as discussed and considered by the Council, including the negative findings, as identified within Planning Commission Resolution No. 2008-006 (attached), that the proposed crematories may adversely affect or be materially detrimental to adjacent uses and residents and is not compatible with such adjacent uses.
3. Approve Town Council Resolution No. 2008-059 and Deny Conditional Use Permit No. 2008-004

19. A Resolution of the Town Council of the Town of Apple Valley, California, adopting Specified User Fees for the Apple Valley Golf Club

Recommendation:
Adopt Resolution 2008-67, a Resolution of the Town Council of the Town of Apple Valley, California, adopting user fees for the Apple Valley Golf Club effective December 10, 2008.

LEGISLATIVE MATTERS

20. Vacancies on the Town of Apple Valley Committees/Commissions due to Reorganization of the Town Council

Recommendation:
1. That Councilmember Coleman appoint a person to the Community Development Citizens Advisory Committee or exercise the right to re-nominate the appointee whose term has expired. (2.18.010 AVMC) ________________________
2. That Councilmember Coleman appoint a person to the Historical Advisory Committee or exercise the right to re-nominate the appointee whose term has expired. (2.18.010 AVMC) ____________________________
3. That Councilmember Coleman appoint a person to the Equestrian Advisory Committee or exercise the right to re-nominate the appointee whose term has expired. (2.18.010 AVMC) _____________________________
4. That Councilmember Coleman appoint a person to the Planning Commission or exercise the right to re-nominate the appointee whose term has expired. (2.18.010 AVMC) __________________________
5. That Councilmember Coleman appoint a person to the Park and Recreation Commission Citizens Advisory Committee or exercise the right to re-nominate the appointee whose term has expired. (2.18.010 AVMC) _______________________

21. Vacancy on the Historical Advisory Committee due to Reorganization of the Town Council

Recommendation:
Councilman Roelle to nominate: , to the Town of Apple Valley Historical Advisory Committee.

22. Council Members Representation on Various Boards, Committees and Commissions

Recommendation:
That the Town Council choose one of its number to fill the vacancies on certain Council Boards, Committees and Commissions as shown in the summary sheet attached.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

23. Introduce Ordinance No. 392 ”An Ordinance Of The Town Council Of The Town Of Apple Valley, California, Amending Chapter 12.20., Entitled “Special Speed Limits” Of Title 12 Of The Town Of Apple Valley Municipal Code” (Speed Limit On Apple Valley Road Between Bear Valley Road And Pimlico Road; Speed Limit On Apple Valley Road Between Pimlico Road And Yucca Loma Road; Speed Limit On Apple Valley Road Between Yucca Loma Road And Highway 18; Speed Limit On Bear Valley Road Between The Western Town Limits And The Lowe’s Entrance Signal; Speed Limit In The Spring Valley Lake Equestrian Area; Speed Limit On Mondamon Road Between Highway 18 And Apple Valley Road; Speed Limit On Powhatan Road Between Navajo Road And Central Road; Speed Limit On Dale Evans Parkway Between Highway 18 And Thunderbird Road; Speed Limit On Tomahawk Road Between Rancherias Road And Mandan Road)

Recommendation:
1. Move to waive the reading of Ordinance No. 392 in its entirety and read by title only
2. Move to Introduce No. 392, An Ordinance of the Town Council of the Town of Apple Valley, California, amending Chapter 12.20., entitled “Special speed limits” of Title 12 of the Town of Apple Valley Municipal Code.

24. Agreement for Services between the Town of Apple Valley and the Apple Valley Village Property and Business Improvement District Association
Recommendation:
That the Town Council approve the Agreement for Services between the Town of Apple Valley and the Apple Valley Village Property and Business Improvement District Association.

25. 2009 Legislative Advocacy Program

Recommendation:
Approve and Adopt the 2009 Legislative Advocacy Program.

26. Commemorative Bricks Fundraiser

Recommendation:
Adopt Guidelines in accordance with the Contemporary Community Standard.

27. Discuss Topics for a Citizen Satisfaction Survey

Recommendation:
Provide staff with additional topics inclusion in a Citizen Satisfaction Survey.

TOWN MANAGER’S COMMENTS AND 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