August 12, 2008

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

August 12, 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. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluation. Title: Town Manager.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Burrtec - Reward check

Presentation - Retirement of Town Attorney

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, August 26, 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 – July 22, 2008
B. Special Meeting – July 31, 2008

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

3. Claimant – Joshua Charles Davis

Recommendation:
Reject the claim of Joshua Charles Davis.

4. A Resolution of the Town Council of the Town of Apple Valley Opposing Fiscally Irresponsible State Budget Decisions that would “Borrow” Local Government and Transportation Funds

Recommendation:
Adopt Resolution No. 2008-48, A Resolution of the Town Council of the Town of Apple Valley Opposing Fiscally Irresponsible State Budget Decisions that would “Borrow” Local Government and Transportation Funds.

5. Notification and Request by the Chairperson of the Equestrian Advisory Committee to Designate a Position Vacant and Authorize the Position to be Filled in Accordance with Town Policy

Recommendation:
That the Council designate the position vacant and direct the Town Clerk to advertise the vacancy on the Equestrian Advisory Committee.

6. A Resolution of the Town Council of the Town of Apple Valley, California, Authorizing the Designated Signature Authority for the California Integrated Waste Management Board (CIWMB) 2006/2007 Local Government Tire Cleanup and Amnesty Day Grant be Updated

Recommendation:
Adopt Resolution 2008-49, a resolution of the Town Council of the Town of Apple Valley, California, authorizing the designated “Signature Authority” for the California Integrated Waste Management Board (CIWMB) 2006/2007 Local Government Tire Cleanup and Amnesty Day Grant be updated.

7. Fee Waiver Requests for the Annual Chili Cook Off Held by the Rotary Club of Apple Valley.

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of Special Event Permit and park rental fees for the Rotary Club of Apple Valley.

PUBLIC HEARINGS

(CONTINUED FROM JULY 22, 2008)
8. Lighting and Landscape Assessment District #1- L-9 Engineer’s Annual Report and Levy of Assessment for FY 2008-2009

Recommendation:
1. Conduct the public hearing.
2. Adopt Resolution No. 2008-46, “A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2008-2009”.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

9. Introduce Ordinance No. 386 of The Town Council of The Town of Apple Valley Amending Chapter 2.20 of Title 2 (Administration And Personnel) of The Town of Apple Valley Municipal Code Relating to the Parks And Recreation Commission Meetings – Rules Of Procedure

Recommendation:
1. Waive The Reading of Ordinance No. 386 and Read By Title Only;
2. Introduce Town Council Ordinance No. 386, an Ordinance of the Town Council of the Town of Apple Valley, California, Amending Chapter 2.20 of the Town of Apple Valley Municipal Code Relating to the Parks and Recreation Commission Meetings – Rules of Procedure

TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE

10. Town Manager Video Presentation – First 120 Days

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: