June 22, 2010

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

                                                                                           June 22, 2010

The Town Council/Redevelopment Agency 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/Redevelopment Agency. 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/Redevelopment Agency, 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/Redevelopment Agency 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 THE REGULAR MEETING OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY MEETING – 6:30 p.m.

ROLL CALL:

COUNCILMEMBERS/BOARDMEMBERS:

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

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

TOWN COUNCIL/REDEVELOPMENT AGENCY CLOSED SESSION

1. Closed Session

A. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluations. Title: Town Clerk.

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

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Proclamation – Doug Qualls, Fire Chief, Apple Valley Fire District

SPECIAL ANNOUNCEMENTS:

PUBLIC COMMENTS

APPLE VALLEY CHAMBER OF COMMERCE – BUSINESS RETENTION UPDATE

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, July 13, 2010, 6:30 p.m. – Council Chambers

TOWN COUNCIL/REDEVELOPMENT AGENCY 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 – June 8, 2010
B. Regular Meeting – June 8, 2010

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

3. Legislation Requiring Local Agencies to Review its Conflict of Interest Code to Comply with the Political Reform Act.
Recommendation:
Direct the Town Manager to review its code and submit a notice, by October 1, 2010, to the Town Council that either amendments are required or that no amendments are necessary.

4. Adopt Resolution No. 2010-28, Calling and Giving Notice of The Holding of A General Municipal Election to be Held on Tuesday, November 2, 2010.

Recommendation:
Adopt Resolution No. 2010-28 of the Town Council calling and giving notice of the holding of a General Municipal Election for the election of certain officers as required by the provision of the laws of the State of California relating to General Law Cities.

5. Resolution No. 2010-29, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements for the General Municipal Election, November 2, 2010
Recommendation:
Adopt Resolution No. 2010-29 adopting regulations for candidates for elective officer pertaining to candidate’s statements submitted to the voters at an election, November 2, 2010.

6. Claimant – Leonard Gee
Recommendation:
Reject the claim of Leonard Gee.

7. Review and Approve Construction Specifications for the Slurry Seal 2010 Project, and Authorize Staff to Proceed with Advertisement for this Project

Recommendation:
Review and approve specifications for the Slurry Seal 2010 Project and direct staff to proceed with the project.

8. Authorize Buyout of Xerox Copiers and Enter into Lease Agreement with Konica Minolta

Recommendation:
Authorize the buyout of the Xerox copiers and enter into the lease agreement with Konica Minolta. Approve the allocation of rebate funds to 1001-1090-7330-0000 for purchase of additional system upgrades.

9. Change Order for Community and Conference Room and Audio Visual

Recommendation:
1. Approve Change Order to RDM Electrical Contractors for an amount not to exceed $119,100.18.

2. Approve additional expenditures of $114,490.00 to Eberhardt Construction.

10 .Resolution of the Town Council of the Town of Apple Valley Amending the Personnel Policies and Procedures Manual

Recommendation:
Adopt Resolution No. 2010-32, a Resolution of the Town Council of the Town of Apple Valley Amending the Personnel Policies and Procedures Manual.


11. Fee Waiver Request for the Salvation Army Thanksgiving Day Dinner November 25, 2010 at the James Woody Community Center.
Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $110.80.

12.Fee Waiver Request for the Phoenix Foundation Candlelight Vigil July 9, 2010 at the Civic Center Amphitheater.
Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $279.60.

13. Adopt- A-Shelter-Cat-Month
Recommendation:
Ratify the implementation of the Adopt-A-Shelter-Cat-Month Program

14. Award of a Professional Services Agreement between the Town of Apple Valley and McGregor Shott for Marketing Services
Recommendation:
That the Town Council approve a professional services agreement between the Town of Apple Valley and McGregor Shott, Inc. for marketing services in an amount not-to-exceed $30,000.

PUBLIC HEARINGS

15. Town of Apple Valley Climate Action Plan: A Request to Adopt the Town’s Climate Action Plan.

Recommendation:
Move to open the public hearing and take testimony. Close the public hearing. Then:
Adopt Town Council Resolution No. 2010-30, approving the Town of Apple Valley Climate Action Plan.


16. Appeal (No. 2010-003) Of The Planning Commission’s Denial Of Conditional Use Permit No. 2009-007 And Deviation Permit No. 2010-002, A Request To Construct A 62-Foot Tall Wireless Telecommunication Monopole Designed As A Pine Tree. A Fenced Area Is Proposed To Enclose The Proposed The Tower And Six (6) Equipment Cabinets Within A 752 Square Foot Lease Area. The Project Includes A Request For Approval Of A Deviation Permit To Allow An Encroachment Of Approximately 500 Feet Into The Required 500-Foot Separation Requirement Between The Monopole And A Single Family Residence And To Allow A Zero Setback Where A Minimum Setback Of 23.25 Feet Is Required.

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

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 June 22, 2010, including the comments of the public and the Planning Commissioners as reflected in the Minutes of the Planning Commission Meetings of April 21, 2010 and May 5, 2010, and the record as a whole as discussed and considered by the Council, including the negative findings that, due to the small size and park configuration, the proposed wireless facility would negatively impact the function and quality of the neighborhood park/retention basin and visually impact the surrounding neighborhood.

3. Deny Conditional Use Permit No. 2009-007 and Deviation No. 2010-002


17. Appeal No. 2010-002 Of The Planning Commission’s Approval Of An Amendment To A Previously Approved Development Permit No. 2006-039; Amendment No. 1 For 126 Single-Family Residential Homes. The Amendment Includes Minor Architectural Revisions And A Reduction Of The Square Footage Of The Remaining Ninety-Six (96) Single-Family Residences. The Subject Site Is Approximately Eighty-One (81)-Acres In Size Within Recorded Tract Map 14154-1, And Has A Zoning Designation Of Equestrian Residential (R-Eq).

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

1. This project is within the scope of the approved Mitigated Negative Declaration that was adopted by the Planning Commission for Tentative Tract Map No. 14514 on May 16, 2001. The proposed request is within the scope of the adopted Mitigated Negative Declaration and no additional evaluation is necessary in compliance with the California Environmental Quality Act (CEQA).

2. Find the Facts presented within the staff report for the Council hearing of June 22nd, including the information within the Planning Commission’s report for May 5, 2010, reflecting the public and Commissioner’s comments at the hearing, and the record as a whole as discussed by the Council, and support the required Findings necessary to approve, Development Permit No. 2006-039; Amendment No. 1.

3. Deny the appeal against DP Development Permit 2006-03, Amendment No. 1.

LEGISLATIVE MATTERS

18. A Resolution Setting the Time and Place for a Public Hearing on Sewer User Fees Increase in an Amount of Three Dollars and Seventy Three Cents ($3.73) per Equivalent Dwelling Unit per Month and Directing Staff to Proceed with the Special Notice Proceeding as Required by Law

Recommendation:
Town Council Adopt Resolution No. 2010-31, stating its intention to hold a Public Hearing to increase sewer user fees in an amount of $3.73 per equivalent dwelling unit per month and direct staff to proceed with the special notice as required by law.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL


CONTINUED ITEM

19. Review and Approve Report Examining the Processes and Procedures of the Village Area Property Business Improvement District (PBID)

Recommendation:
That the Town Council review and approve the attached Confidential Report of Investigation prepared by Vicenti Lloyd & Stutzman LLP concerning the Apple Valley Property and Business Improvement District.


20. Naming of Civic Center Park Amphitheatre

Recommendation:
Provide staff direction on the naming of the Civic Center Park Amphitheater.

21. Happy Trails Villas – Owner Participation

Recommendation:
That the Town Council approve the Happy Trails Villas Owner Participation Agreement between the Town of Apple Valley and AVHTV, LP; and authorize the Town Manager to execute the agreement on behalf of the Town and approve any minor non-substantive changes.

22. Review and Consider Renewal of the Agreement for Business Retention Services with the Apple Valley Chamber of Commerce

Recommendation:
That the Town Council take action, directing staff to place on its July 13, 2010 agenda for approval the business retention professional services agreement between the Town and the Apple Valley Chamber of Commerce.

23. Reconsideration of Golf Course
Recommendation:
Provide Direction to staff.

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