February 12, 2008

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AGENDA
February 12, 2008
APPLE VALLEY COMMUNITY RESOURCE FOUNDATION
REGULAR MEETING 6:30 P.M.

The Apple Valley Community Resource Foundation Regular Meeting will begin at 6:30 p.m., with Closed Session items; the remainder of the Regular Meeting immediate 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.

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

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OPENING CEREMONIES

CALL TO ORDER:

ROLL CALL:

BOARDMEMBERS: Allan _____, Nassif _____, Roelle _____, Vice-Chairperson Sagona _____, Chairperson Jasper_____ .

PUBLIC COMMENTS

BOARD OF DIRECTORS COMMENTS/REPORTS

REPORTS OF FOUNDATION

1CRF. Approval of Minutes for the Apple Valley Community Resource Foundation

Recommendation:
Approve the subject minutes for the Apple Valley Community Resource Foundation.

2CRF. Foundation History

Recommendation:
Receive and file.

3CRF. Foundation Goals

Recommendation:
Receive and file.

4CRF. Treasurer Report

Recommendation:
Receive and file.

5CRF. Fundraising

Recommendation:
Provide staff with a list of projects for future fundraising activities.

RECESS AS THE BOARD OF DIRECTORS OF THE COMMUNITY RESOURCES FOUNDATION AND RECONVENE AS THE APPLE VALLEY REDEVELOPMENT AGENCY

AGENDA
February 12, 2008
APPLE VALLEY REDEVELOPMENT AGENCY
REGULAR MEETING 6:30 P.M.

The Redevelopment Agency’s Regular Meeting will begin at 6:30 p.m., with Closed Session items; the remainder of the Regular Meeting immediate 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.

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

**************************************************

OPENING CEREMONIES

CALL TO ORDER:

ROLL CALL:

BOARDMEMBERS: Allan _____, Nassif _____, Roelle _____, Vice-Chairperson Sagona _____, Chairperson Jasper_____ .

PUBLIC COMMENTS

BOARD OF DIRECTORS COMMENTS/REPORTS

EXECUTIVE DIRECTORS COMMENTS/REPORTS

CONSENT AGENDA

1R. Approval of Minutes for Redevelopment Agency Meeting

A. Regular Meeting –June 12, 2007

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

2R. Annual Report of Financial Transactions of Community Redevelopment Agencies.

Recommendation:
Receive and file the Annual Report of Financial Transactions of the Apple Valley Redevelopment Agency.

PUBLIC HEARING

None.

REPORTS OF COMMITTEES

None

LEGISLATIVE MATTERS

None

CLOSED SESSION

None

RECESS AS THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY AND RECONVENE AS THE APPLE VALLEY TOWN COUNCIL

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AGENDA
APPLE VALLEY TOWN COUNCIL
REGULAR MEETING
February 12, 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.

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. 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.

OPENING CEREMONIES

PLEDGE OF ALLEGIANCE: Summit Leadership Academy

INVOCATION: Simone Kvalheim, Church of the Bahai

SPECIAL ANNOUNCEMENTS:

PRESENTATIONS:

Employee of the Quarter – Jamie Korby, Code Enforcement Technician

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 (Workshop) Friday, February 15, 2008, 8:00 a.m., Yucca Loma Fire Station, Apple Valley

B. Regular Meeting – Tuesday, February 26, 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. Special Meeting – January 3, 2008

B. Regular Meeting – January 8, 2008

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

3. Claimant – Reginald Rene Wright

Recommendation:
Reject the claim of Reginald Rene Wright.

4. Claimant – George Karkaletsis and Yolanda Alkwass DBA Skyline Villa

Recommendation:
Reject the claim of George Karkaletsis and Yolanda Alkwass DBA Skyline Villa.

5. Adopt Ordinance No. 374 an Ordinance of The Town Council of The Town Of Apple Valley, California, Amending Chapter 12.36 of The Town of Apple Valley Municipal Code Relating to Truck Routes

Recommendation:
Adopt Ordinance No. 374.

6. Adopt Ordinance No. 375 “An Ordinance Of The Town Council Of The Town Of Apple Valley, California, Amending Section 12.20.020 Of Chapter 12.20., Entitled “Special Speed Limits” Of Title 12 Of The Town Of Apple Valley Municipal Code” (Speed Limit On Riverside Drive Between Sahale Lane And Branding Iron Road; Speed Limit On Ottawa Road Between Kiowa Road And Navajo Road; Speed Limit On Del Oro Road Between Apple Valley Road And Deep Creek Road)

Recommendation:
Adopt Ordinance No. 375.

7. Review And Approve Construction Plans For The Traffic Signal At Navajo Road And Powhatan Road, And Authorize Staff To Proceed With Advertisement For This Project.

Recommendation:
Review and approve construction plans for the Navajo Road and Powhatan Road Traffic Signal Improvements, and direct staff to proceed with advertisement for this project.

8. Review And Approve Construction Specifications For The Rincon Road And Rancherias Road Reconstruction Project, And Authorize Staff To Proceed With Advertisement For This Project.

Recommendation
Review and approve specifications for the Rincon Road and Rancherias Road Reconstruction Project and direct staff to proceed with advertisement for this project.

9. Release of Securities for Parcel Map 16601

Recommendation:
Find that the construction of various improvements required for Parcel Map 16601 are complete, and approve the 50% reduction of the performance securities.

10. Treasurer’s Report – Month of October 2007

Recommendation:
Receive and file.

11. Treasurer’s Report – Month of November 2007

Recommendation:
Receive and file.

12. Acceptance Of Work, Notice Of Completion And Release Of Retention For Civic Center Park Landscape And Irrigation, Project Number 2007-02

Recommendation:
1. Accept the work for the construction of the Civic Center Park Landscape and Irrigation Project No 2007-02 for a total cost of $816,382.80.

2. Direct the Town Clerk to file the Notice of Completion for the contract work, notify surety and to exonerate contract bonds.

3. Direct the Finance Director to release retained funds 30 days after the filing of the Notice of Completion, provided no claims are filed against the contractor.

13. Approve Disposal of Inoperable Office and Computer Equipment

Recommendation:
Approve disposal of inoperable office and computer equipment.

14. Authorize The Execution Of The Software Agreement For The Purchase, Installation, Data Conversion And Training Between Tyler Technologies And The Town Of Apple Valley.

Recommendation:
Approve the software agreement for the purchase, installation, data conversion and training, between Tyler Technologies and the Town of Apple Valley in the amount of $307,639. The software agreement is subject to approval as to form by the Town Attorney and approval as to content by the Town Manager.

15. Award Contract for the Dakota Road and Altadena Street Improvement Project 2008-01.

Recommendation:
Award a contract to Cooley Construction Inc. for the Dakota Road and Altadena Street Improvement Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

16. Adopt Ordinance No 373 - A Request To Terminate Development Agreement (DA) No. 2004-001 Between The Town Of Apple Valley And New Century/Summers, LLC, Establishing The Standards, Criteria And Time Frame For Development Of The Project Area Located On The Southwest Corner Of Jess Ranch Parkway And Bear Valley Road Within The Jess Ranch Planned Unit Development (PUD) And The Town Of Apple Valley.

Recommendation:
Adopt Ordinance No. 373.

17. Re-Entry Facility for North Apple Valley

Recommendation:
That the Town Council ratify the attached letter.

18. Formal Amendment to the Adopted Budget

Recommendation:
Approve Budget Amendment Request and formally amend the FY 07-08 adopted budget.

19. Award Bid For Combination Sewer Cleaning Truck

Recommendation:
Award the low bid as indicated above to Municipal Maintenance Equipment and authorize the purchase of the Combination Sewer Cleaning Truck for an amount not to exceed $234,356.25.

20. Dog Licensing – Amnesty Month

Recommendation:

1. Authorize an amnesty period for the month of March as described in the staff report.

2. Direct staff to increase enforcement of unlicensed dogs beginning April 1, 2008.

21. Spay Day 2008

Recommendation:
1. Authorize a free microchip with every cat adoption from February 13, 2008 through February 29, 2008.

2. Authorize a $35 spay/neuter vouchers along with a microchip.

3. Authorize a reduced fee microchip of $15 for all animals provided the owner brings in proof of a spay/neuter to the shelter from February 13, 2008 through February 29, 2008.

PUBLIC HEARINGS

22. Resolution 2008-06, To Record Delinquent Utility Fees And Costs And Code Enforcement Fees Against Real Property Located In The Town Of Apple Valley And Directing That Said Assessments Constitute A Lien Upon Said Properties

Recommendation:
1. Open Public Hearing; Close Public Hearing

2. Adopt Resolution No. 2008-06, confirming delinquent utility fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties.

23.Appeal No. 2007-003, An Appeal Of The Planning Commission’s Denial Of Tentative Tract Map No. 18186, Which Is A Request To Subdivide Approximately Fourteen (14) Acres Into Thirteen (13) Lots, And One (1) Retention Basin, For Future Single-Family Residential Development Within The Estate Residential (R-E) Zoning District.

Recommendation:
Open the public hearing and take testimony. Close the public hearing. Then move to:

1. Find that pursuant to the California Environmental Quality Act (CEQA), Section 15315, the proposed request is Exempt from further environmental review.

2. Find the Facts presented within the staff report for the Council hearing of February 12, 2008, including the comments of the public and the Planning Commissioners as reflected in the Minutes of the Planning Commission Meeting of December 19, 2007, and the record as a whole as discussed and considered by the Council, including the negative findings that the proposed Subdivision, together with the provisions for its design and improvement, is not consistent with the General Plan, the proposed subdivision is not compatible with the objectives, policies, general land uses and programs specified in the General Plan, the proposed subdivision is not physically suitable for the proposed type of development, the proposed subdivision supports the Planning Commission’s decision to deny Tentative Tract Map 18186 and the site is not physically suitable for the proposed density of development which findings require denial of the project and those findings are hereby adopted.

3. Deny Tentative Tract Map No. 18186.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

24. Request to Discuss AB 923-Motor Vehicle Registration Surcharge

Recommendation:
That the Town Council provide direction to the Town’s Mojave Desert Air Quality Management District representative.

25. Presentation Regarding The Proposed Town Hall Expansion (Development Services Building).

Recommendation:
That the Town Council receive and file the attached status report regarding the proposed Town Hall Expansion facility project.

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: