October 14, 2008

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

October 14, 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. Conference with Legal Counsel – Initiation of Litigation pursuant to subdivision (c) of the Government Code Section 54956.9 (one or more potential cases).

B. Negotiations with Real Property Negotiator – Property located at 15200 Rancherias Road, Apple Valley; Negotiating Parties: Lana Dugan; Town Negotiator(s): Town Manager or Finance Director or Designee. Negotiations involve both price and terms.

C. Negotiations with Real Property Negotiator – Parcel Number: 441-33-01 located at the northwest corner of Dale Evans Parkway and Thunderbird, Apple Valley; Negotiating Parties: Quan and Pellissier; Town Negotiator(s)--Town Manager and Director of Economic and Community or Designee. Negotiations involve both price and terms.

D. Conference with Legal Counsel – Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

1. Town's Current Financial Condition and Safety of Investments

2. Update on Design and Construction of Town Hall Annex and Animal Shelter

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, October 28, 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 – September 23, 2008

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

3. Commercial Warrant Schedule - August

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

4. Payroll Warrants Schedule - August

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

5. Commercial Warrant Schedule - SeptemberRecommendation:

That the Town Council of the Town of Apple Valley receive, ratify, and file the commercial warrants as presented.

6. Payroll Warrants Schedule - September

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

7. Agreement Between the Town of Apple Valley and the Apple Valley Unified School District for the Joint Use of Facilities

Recommendation:
Approve the Joint Use Agreement for facilities and Authorize the Town Manager to Execute the Agreement

8. Agreement Between the Town of Apple Valley and the Lewis Center for Educational Research, Academy of Academic Excellence for the Joint Use of Facilities

Recommendation:
Approve the Joint Use Agreement for facilities and Authorize the Town Manager to Execute the Agreement

9. Agreement Between the Town of Apple Valley and the Apple Valley Unified School District for the Use of the Swimming Pool

Recommendation:
Approve the Agreement with the Apple Valley Unified School District for the use of the Swimming Pool located at 14999 Dale Evans Parkway and Authorize the Town Manager to execute the Agreement

10. Authorize Staff to Proceed with a Request for Proposal for the Town of Apple Valley Graffiti Removal Program

Recommendation:
Direct staff to proceed with a request for proposal for graffiti removal services.

11. Authorize Staff to go out for Bid for Demolition and Clean-Up of the Property 15341 Broken Bow Road, Apple Valley, Ca 92307 APN # 0441-181-24

Recommendation:
Direct staff to go out for bid for the demolition and clean-up of the property located at 15341 Broken Bow Road, Apple Valley, CA APN # 0441-181-24.

12. Review and Approve Construction Plans and Specifications for the Navajo Road Improvement Project, and authorize staff to Proceed with Advertisement for this Project.

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

13. Acceptance of Work, Notice of Completion and Release of Retention for Dakota Road and Altadena Street Improvement, Project 2008-01.

Recommendation:

1. Accept the work for the roadway improvements on Dakota Road and Altadena Street for a total cost of $474,200.61.

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.

14. Treasurer’s Report – Month of August 2008

Recommendation:
Receive and file.

PUBLIC HEARINGS

15. Community Development Block Grant (CDBG) and Home Investment Partnerships Program (Home) – Consolidated Plan – Public Hearing No. 1

Recommendation:
1. Open public hearing;
2. Close public input and commentary;
3. Close public hearing.

16. 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.

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. Deny Conditional Use Permit No. 2008-004

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

17. Design Services for Civic Meeting Room Space – Town Hall Expansion

Recommendation:
That the Town Council appropriate $148,800 from its redevelopment tax allocation bond proceeds for the purpose of designing civic meeting room space as part of the previously approved Town Hall Expansion Facility project and authorize staff to approve the attached proposal from Dougherty & Dougherty.

18. Introduce Ordinance No. 388, An Ordinance Of The Town Council Of The Town Of Apple Valley Amending Chapter 1.01.200 Violations; Adding Section 1.01.205 Administrative Hearings; Amending Section 15.01.010 Definitions, Amending Section 15.01.020 (J) Mandatory Licensing, Adding Sections 15.01.050 Animal Care And Section 15.01.055 Animal Tethering, Amending Section 15.01.070 Control Of Animals, Adding Section 15.01.095 Mandatory Spay/ Neuter Amending Section 15.01.110 Annual Permit/Business License, And Amending Section 15.01.125 Animal Limitations. Recommendation:

1. Find that the proposed adoption of Ordinance No. 388 is not subject to and is Exempt from CEQA, based upon findings under CEQA Guidelines, Section 15061 Sub (b)(3) that can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.

2. Move to waive the reading of Ordinance No. 388 in its entirety and read by title only.

3. Move to Introduce Ordinance No. 388, amending Chapter 1.01.200 General Provisions Violations and adding section 1.02.105 General Provisions Administrative Hearings. To amend section 15.01.010 Definitions, amend section 15.01.020 (j) Mandatory Licensing, add section 15.01.050 Animal Care and section 15.01.055 Animal Tethering, amend section 15.01.070 Control of Animals, amend section 15.01.110 Annual Permit/Business License, and amend section 15.01.125 Animal Limitations of the Apple Valley Municipal Code.

4. Direct Staff to File a Notice of Exemption.

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: