Special Meeting - November 18, 2008

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AGENDA

APPLE VALLEY TOWN COUNCIL

SPECIAL MEETING

November 18, 2008

The Town Council’s Special 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. 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 of payment.

B. 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.

C. Conference with Legal Counsel-Existing Litigation under Government Code Section 54956.9(a) – Deep Creek Agricultural Association vs. Town of Apple Valley, HDC Group LLC, San Bernardino Superior Court Case No. CIVSS 709146.

D. Conference with Legal Counsel-Existing Litigation under Government Code Section 54956.9(a) – Yolanda Alkawass, et al. (skyline villa) vs. Town of Apple Valley, San Bernardino Superior Court Case No. CIVSS 804723.

E. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluation. Title: Town Manager.

F. Conference with Legal Counsel – Anticipated Litigation pursuant to subdivision (b) of the Government Code Section 54956.9 (one or more potential cases).

G. Conference with Legal Counsel – Anticipated Litigation
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: one case.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

1. Presentation from Supervisor Brad Mitzelfelt regarding Joint Initiatives and Projects affecting the Town of Apple Valley.

2. Introduction from Apple Valley Fire District Chief Doug Qualls – Laura Whitehead, Emergency Services Officer

3. Certificates of Appreciation – Apple Valley Teen Volunteer Program

4. Commendations to Apple Valley Police Officers and Public Citizen

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, December 9, 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 – October 28, 2008
B. Special Meeting – November 12, 2008

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Accept the Final Map for Parcel Map No. 18790

Recommendation:

Move to accept the final map for Parcel Map No. 18790.

4. 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.

5. Review and Approve Construction Specifications for the Reconstruction of Various Town Roads, 2008-2009 Project, and Authorize Staff to Proceed with Advertisement for this Project

Recommendation:
Review and approve specifications for the reconstruction of various Town Roads 2008-2009 Project and direct staff to proceed with the project.

6. Award Contract for Environmental and Design Services of the Highway 18 and Apple Valley Road Intersection Realignment Project

Recommendation:
Award a contract to Dokken Engineering for Environmental Design Services in an amount not to exceed $417,000 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

7. General Plan Amendment No. 2007-008 And Zone Change No. 2007-005 To Change The Current Land Use Designation From Single-Family Residential (R-SF, 1 DU 0.4 To 0.9 Net Acres) To Medium Density Residential (R-M, Two (2) To Twenty (20) Dwelling Units Per Acre); And A Corresponding Rezoning Classification From Residential Equestrian (R-EQ, 1 DU Per 0.4 To 0.9 Net Acres) To A Residential Multi-Family (R-M, Two (2) To Twenty (20) Dwelling Units Per Acre) Zoning Classification. The Project Is Located At The Southwest Corner Of Ottawa And Nomwaket Roads; APN(S) 3087-401-02, -03, -04, -05.

Recommendation:
Adopt Ordinance No. 389.

8. Adopt Ordinance No. 390, An Ordinance Of The Town Council Of The Town Of Apple Valley, California, Amending Title 9 “Development Code” Of The Town Of Apple Valley Municipal Code, By Amending Chapter 9.74 “Signs And Advertising Displays” Of The Development Code As It Relates To Modifying The Regulations For Human-Operated Signage Located Near Access Areas Of Public Safety Facilities Within The Town.

Recommendation:
Adopt Ordinance No. 390.

9. A Resolution Of The Town Council Of The Town Of Apple Valley, California, Creating A New Development Code Advisory Committee In Connection With The Comprehensive Update Of The Town’s General Plan, And Prescribing The Functions And Duties Thereof

Recommendation:
Adopt Resolution No. 2008-61 creating a new Town of Apple Valley Development Code Advisory Committee in connection with the comprehensive update of the Town’s General Plan and prescribing the functions and duties of said Committee.

10. Towerco II LLC Wireless Site Agreement

Recommendation:
That the Town Council approve the transfer of the Lease Agreement from New Cingular to Towerco II LLC, and the Town for the purpose of installing a telecommunication facility at Corwin Park.

11. 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 $31,050.00 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.

12. Resolution Number 2008-62 Of The Town Council Of The Town Of Apple Valley, California, Amending Resolution No. 2002-43, Amending The Conflict Of Interest Code Pursuant To The Political Reform Act By Reference To The Standard Conflict Of Interest Code Set Forth In Section 18730 Of The Regulations Of The Fair Political Practices Commission As Amended

Recommendation:
Adopt Resolution Number 2008-62.

PUBLIC HEARINGS

13. Five-Year Consolidated Plan Amendment, to Include Neighborhood Stabilization Program (NSP) Funds

Recommendation:
That the Town Council approve the proposed amendment to its 2008-2009 Action Plan to incorporate the Neighborhood Stabilization Program; and authorize and direct the Town Manager to execute any necessary contract related documents on behalf of the Town.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

14. Commemorative Bricks on Public Property

Recommendation:
Creation of a policy that would limit the inscriptions on all commemorative bricks donated for the Mojave Aquatics Coalition to only allow names and/or dates, as well as firmly establishing the process for review of all brick applications including who determines whether or not a brick application is in compliance.

15. Introduce 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:
1. Move to WAIVE reading of Ordinance 391 in its entirety and read by title only.
2. Move to INTRODUCE Ordinance No. 391 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.

16.Proposed Six (6) Month Moratorium Relating to the Town of Apple Valley Sign Code

Recommendation:
That the Town Council approve a six month moratorium on the enforcement of the placement of temporary signs on private property of retail business establishments during business hours and authorize the Town Manager to take all necessary steps to implement this action.

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: