January 13, 2009

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

January 13, 2009

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_____, Coleman_____, Sagona_____, Mayor Pro Tem Nassif_____, Mayor Roelle_____.

(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: 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 Assistant Town Managers/Economic and Community Development/Municipal Operations and Contract Services or Designee. Negotiations involve both price and terms.
B. 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.
C. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluation. Title: Town Manager.
D. Conference with Legal Counsel – Anticipated Litigation pursuant to subdivision (b) of the Government Code Section 54956.9 (one or more potential cases).

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:
Certificate of Appreciation – Richard “Dick” Allen
Certificate of Appreciation – Larry Cusack
Certificate of Appreciation - Kate O’Rourke
Certificate of Appointment – Rhagady Khoury
Certificate of Appointment – Larry Cusack

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 27, 2009, 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 – December 9, 2008

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

3. A Resolution of the Town Council of the Town of Apple Valley Designating an Authorized Signatory for all California Integrated Waste Management Board Grant Documents on behalf of the Town of Apple Valley.
Recommendation:
Adopt Resolution No. 2009-01, A resolution authorizing submittal of applications for all appropriate grants under the California Oil Recycling Enhancement Act and all available Household Hazardous Waste Grants and designating the Town Manager as authorized signatory on behalf of the Town.

4. Adopt 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:
Adopt Ordinance No. 392.

5. Claimant – Jennifer Jones
Recommendation:
Reject the claim of Jennifer Jones.

6. Claimant – Darnell Washington
Recommendation:
Reject the claim of Darnell Washington

7. Claimant – Skyler Washington
Recommendation:
Reject the claim of Skyler Washington

8. Claimant – Jerome Washington
Recommendation:
Reject the claim of Jerome Washington

9. Claimant – Jeremy Washington
Recommendation:
Reject the claim of Jeremy Washington

10. Claimant – Jaylen Washington
Recommendation:
Reject the claim of Jaylen Washington

11. Request for Proposals (RFP) – State Legislative Lobbying Services
Recommendation:
Approve the proposed Request for Proposal (RFP) and direct the Town Manager to solicit proposals from experienced and qualified firms.

12. Review and Approve Construction Specifications for the Traffic Signal Modification at Apple Valley Road and Pimlico Road, Project No. 2009-01, and Authorize Staff to Proceed with Advertisement for this Project.
Recommendation:
Review and approve specifications for the Traffic Signal Modification at Apple Valley Road and Pimlico Road, Project No. 2009-01, and direct staff to proceed with the project.

13. Award Contract for the Reconstruction of Various Town Roads 2008 - 2009, Project Number 2008-10
Recommendation:
Award a contract to Sully-Miller Contracting Co., for the Reconstruction of Various Town Roads 2008 - 2009 Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

14. Award Contract for the Town of Apple Valley Graffiti Removal Program
Recommendation:
1. Award a contract to Battista’s Custom Painting for the Graffiti Removal Program, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

2. Award a two year contract to Battista’s Custom painting with in increase in pay beginning twelve months from the date the contract is signed. The recommended increase will be $70.00 per location or .30 cents per square foot on areas over two-hundred twenty-five (225) square feet.

15. Award Earthwork Contract for the Construction of the Apple Valley Municipal Services Animal Shelter
Recommendation:
Award the Apple Valley Municipal Animal Shelter Facility earthwork bid to Carniello Enterprises for the amount of $140,633.00 and authorize staff to enter into contract with Carniello Enterprises subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

16. A Resolution of the Town Council of the Town of Apple Valley Amending the Employee Classification Plan
Recommendation:
Adopt Resolution No. 2009-02, amending the Employee Classification Plan.

17. Renewal of Professional Services Agreement for the Construction Management of the Residential Rehabilitation Loan Program (RRLP)
Recommendation:
That the Town Council approve an agreement between the Town of Apple Valley and Willdan in an amount not-to-exceed $45,000, for professional services relating to administering the Residential Rehabilitation Loan Program; and authorize the Town Manager to execute the agreement on behalf of the Town.

PUBLIC HEARINGS

18. A Request To Consider An Amendment To Title 9 “Development Code” Of The Town Of Apple Valley Municipal Code By Amending Various Sections Of Chapter 9.77 As They Relate To The Regulations For Wireless Telecommunication Towers And Antennas
Recommendation:
Move to open the public hearing and take testimony. Close the public hearing. Then:

1. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review, stating that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Code Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.

2. Find the facts presented within the staff report support the required Findings for approval of an amendment to the Development Code, and adopt the Findings.

3. Find that the proposed Town Council Ordinance is consistent with the Goals and Objectives of the adopted Town of Apple Valley General Plan and that it is necessary to preserve the health, safety and general welfare of the citizens of Apple Valley.

4. Move to waive the reading of Ordinance No. 393 in its entirety and read by title only.

5. Introduce Ordinance No. 393, amending Chapter 9.77 as it relates to modifying the requirements for wireless telecommunication towers and antennas.

6. Direct staff to file a Notice of Exemption.

LEGISLATIVE MATTERS

19. Vacancy on the Historical Advisory Committee due to Reorganization of the Town Council
Recommendation:
Mayor Roelle to nominate: , to the Town of Apple Valley Historical Advisory Committee.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

20. Feasibility of BMX Bike use at the Three Diamond Skate Park
Recommendation:
1. Direct Staff to continue to operate the Three Diamond Skate Park as recommended by the California JPIA as a facility for skateboard use only.

2. Direct the Police Department and Code Enforcement Department to aggressively enforce the Town of Apple Valley Skate Park Ordinance by regularly driving by, observing and citing any person in violation of the Ordinance.

21.Consideration of a Resolution of the Town Council of the Town of Apple Valley to Establish a Policy for Selection of a Council Member to Serve as Mayor and Mayor Pro-Tempore
Recommendation:
Pursuant to prior Town Council Direction, staff recommends that the Town Council consider a Proposed Resolution Establishing a Policy for selection of a Council Member to serve as Mayor and Mayor Pro-Tempore

22. Civic Center Park Update
Recommendation:
That the Town Council consider and act upon a recommendation of staff concerning upgrades to Civic Center Park and spending down the Economic Development Initiative funds.

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