May 13, 2008

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NOTICE AND CALL OF THE

TOWN OF APPLE VALLEY TOWN COUNCIL

SPECIAL MEETING – May 13, 2008

NOTICE IS HEREBY GIVEN as provided by Section 54956 of the Government Code of the State of California that the Mayor has called a Special Meeting for the purposes listed below.

This Special Meeting is to be held on May 13, 2008, at 4:00 p.m., in the Council Chambers located at 14955 Dale Evans Parkway, Apple Valley, California.

AGENDA

PUBLIC PARTICIPATION IS INVITED. If you wish to be heard on any item on the agenda during Council’s consideration of that item or earlier if determined by Council, please so indicate by filling out a "REQUEST TO SPEAK" form at the Council meeting. Place the request in the Speaker Request Box on the table near the Town Clerk or hand to the Town Clerk at the Town Council meeting. (G.C. 54954.3 {a}).

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:

ROLL CALL: Council Members Allan _____, Nassif_____, Roelle _____, Mayor Pro Tem Sagona _____, Mayor Jasper _____.

BUSINESS OF THE COUNCIL

1. FY 2008/2009 Budget Workshop

ADJOURNMENT

La Vonda M-Pearson, CMC

AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

May 13, 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. Title: Town Manager.

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. Regular Meeting – Tuesday, May 27, 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 – April 21, 2008
B. Special Meeting – April 22, 2008
C. Regular Meeting – April 22, 2008
Recommendation:
Approve the subject minutes as part of the consent agenda.

3. Treasurer’s Report – February 2008
Recommendation:
Receive and file.

4. Treasurer’s Report – March 2008
Recommendation:
Receive and file.

5. Commercial Warrant Schedule
Recommendation:
That the Town Council of the Town of Apple Valley receive, file and ratify the commercial warrants as presented.

6. Payroll Warrant Schedule
Recommendation:
That the Town Council of the Town of Apple Valley receive, file and ratify the payroll warrant schedule as presented.

7. Measure I Victor Valley and Mountains Subarea Boundary Change
Recommendation:
Adopt Resolution No. 2008-17, a Resolution of the Town Council of the Town of Apple Valley, adopting the revised Measure I Victor Valley and Mountains Subarea Boundaries.

8. Disposal of Surplus Equipment and Supplies Pursuant to the Town Code Section 3.12.320
Recommendation:
Authorize Finance Director/Purchasing Agent to organize and have a sale of surplus equipment and supplies subject to the Town Manager’s approval.

9. Amendment to the Professional Services Contract for the Preparation of an Update to the General Plan, Annexation Plan For Service and a CEQA-Compliant Environmental Impact Report for the General Plan and Annexation.
Recommendation:
Award the amended professional services contract in the additional amount of $7,600.00 to Terra Nova Planning and Research, Inc., for professional services for the preparation of an update to the General Plan, Annexation Plan for Service and a CEQA-compliant Environmental Impact Report and Specific Plan, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

10. Application to San Bernardino Associated Governments for Local Transportation Funds – Article 8 – Other Purpose Claim
Recommendation:
Authorize the Finance Director to apply for remaining Local Transportation Funds – Article 8 – Other Purpose Claim in the amount of $1,322,880.

11. Award Contract for the Town of Apple Valley Slurry Seal 2008; Project Number 2008-05.
Recommendation:
Award a contract to Valley Slurry Seal Co. for the Town of Apple Valley Slurry Seal 2008, Project Number 2008-05, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

12. Award Contract for the Kiowa Road Improvements: Yucca Loma Road to Sitting Bull Road, Project Number 2008-06
Recommendation:
Award a contract to Sully-Miller Contracting Co. for the Kiowa Road Improvements Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

13. Review and Approve Construction Specifications for the Safe Routes to School Symeron Road Improvement Project, and Authorize Staff to Proceed with Advertisement for this Project.
Recommendation:
Review and approve specifications for the Safe Routes to School Symeron Road Improvement Project and direct staff to proceed with the project.

14. Award Of Professional Services Agreement For Construction Management Services To Eberhardt Construction, Inc., For The Town Hall Expansion And Animal Control Facility.
Recommendation:
That the Town Council authorize staff to award a Professional Services Agreement to Eberhardt Construction for Construction Management services for the Town Hall Expansion and Animal Control Facility and authorize appropriate staff to execute the Agreement attached to this report.

15. A Resolution Setting the Time and Place for a Public Hearing on Trash User Fees Increase in an Amount of Between 2.95% and 3.05% and Direction to Staff to Proceed with the Special Notice Proceeding as Required by Law
Recommendation:
Town Council adopt Resolution No. 2008-18 stating its intention to hold a Public Hearing to increase trash user fees based on the attached schedule and direct staff to proceed with the special notice as required by law.

PUBLIC HEARINGS

16. Final Public Hearing - Consolidated Plan Second-Year Action Plan for the Community Development Block Grant (CDBG), the Home Investment Partnerships (Home) Programs and the American Dream Down Payment Initiative (ADDI) Program FY 2008-2009.
Recommendation:
1. Open public hearing.
2. Close public hearing.
3. That the Town Council approve the Community Development Citizen Advisory Committee recommendations for funding proposed projects under the 2008/2009 CDBG, HOME and American Dream Downpayment Initiative (ADDI) programs as part of the Town’s Second-Year Action Plan, which is an integral component of the Consolidated Plan and approve the draft Action Plan and authorize the Town Manager to execute all necessary HUD documents on behalf of the Town for submission to HUD.

17. Specific Plan No. 2005-001, Amendment No.2: To Adopt an Amendment to the North Apple Valley Industrial Specific Plan that Amends Section III Table III-1 (Allowable Uses) to Delete Outdoor Manufacturing as a Permitted Use in the I-SP Land Use District, Add Aviation Related Land Uses to The Industrial – Airport (SP I-A) Land Use District and to Allow Government Facilities in all Land Use Districts. Amend Section III Table III-2 (Development Standards) to Reduce the Setback Requirements for that Segment of Papago Road Between Dale Evans Parkway And Dakota Road And Amend The Maximum Building Height for Airport Influence Area Overlay A-2 Consistent with The Development Code Building Height Standards. Amend Sections IV A.3 and A.4 Regarding the High Desert Corridor and Exhibit IV-2 to Reflect Current General Plan Roadway Cross Street Standards. Recommendation:
Move to open public hearing and take testimony. Close the public hearing. Then:
1. Determine that, the amendment currently proposed is consistent with the adopted Specific Plan and does not constitute a change in build-out potential and conditions within the Specific Plan area have not changed. As such, the certified EIR (SCH #2006031112) analyzed the impacts of the project, and the proposed amendment does not require additional environmental review and is exempt from environmental review.
2. Find the facts presented within the staff report support the required Findings for approval of the proposed Specific Plan amendment and adopt the Findings.
3. Move to waive the reading of Ordinance No. 381 in its entirety and read by title only.
4. Introduce Ordinance No. 381, approving Specific Plan No. 2005-001 Amendment No. 2, amending various sections of the North Apple Valley Industrial Specific Plan.
5. Direct staff to file a Notice of Exemption with the San Bernardino County Clerk of the Board of Supervisors.

LEGISLATIVE MATTERS

18. Vacancy on the Town of Apple Valley Community Development Citizens Advisory Committee
Recommendation:
Councilman Roelle to nominate _________________, to the Town of Apple Valley Community Development Citizens Advisory Committee.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

19. Military Banner Program
Recommendation:
1. Implement recognition by branches of Armed Forces; or
2. Implement recognition of individual service men and women, with direction on eligibility requirements.

20. Fee Waiver or Reduction Request for the Thunderbird Square Dance Club for June 14, 2008.
Recommendation:
Provide staff direction.

21. Finalize Recommendations from the Park and Recreation Analysis
Recommendation:
Provide direction to staff to proceed with the implementation of all Category A Recommendations contained in the Park and Recreation Analysis with the three exceptions noted above.

22. Introduce Ordinance No. 382 – 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 by Amending 2.60.070 Relating to Compensation of all Town Employees
Recommendation:
1. Move to waive the reading of Ordinance No. 382 in its entirety and read by title only.
2. Move to Introduce Ordinance No. 382 amending Chapter 2.60 (Personnel) of Title 2 of the Town of Apple Valley Municipal Code by Amending Section 2.60.070 Relating to Compensation of Town Employees.

23. Establishment of a Reporting Procedure for Absences from a Regular or Special Meeting of a Board, Committee or Commission
Recommendation:
Approve and implement the proposed policy regarding notification of absences for boards, committees and commissions.

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: