March 10, 2009

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AGENDA

 

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

 

                                                                           March 10, 2009

                                                               

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.  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 THE REGULAR MEETING OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY MEETING – 6:30 p.m. 

 

ROLL CALL:

 

COUNCILMEMBERS/BOARDMEMBERS: 

 

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 Numbers:  0434-051-66 and 0434-051-67 located on the west side of Kiowa Road, and south of Bear Valley Road, on Sequoia Street in Apple Valley; Negotiating Parties: Housing Partners I, Incorporated; Town Negotiator (s)—Town Manager and Assistant Town Manager—Economic and Community Development, or Designee.  Negotiations involve both price and terms.

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

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

 

OPENING CEREMONIES

 

INVOCATION:       
Simone Kvalheim, Church of the Bahai’                            

 

PLEDGE OF ALLEGIANCE:        

 

PRESENTATIONS:       Ana Hernandez, Partnership Specialist, Census Bureau

                             

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, March 24, 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. Redevelopment Agency Meeting – May 27, 2008    

B. Regular Meeting – February 24, 2009

C. Special Meeting/Workshop – February 25, 2009

   Recommendation:

   Approve the subject minutes as part of the consent agenda.

 

3. Claimant – The Heirs of Gabriel G. Sadi

   Recommendation:

   Reject the claim of the Heirs of Gabriel G. Sadi

 

4. Claimant – Apple Valley Village, LLC   
  
Recommendation:

   Reject the claim of Apple Valley Village, LLC.

 

5. Review and Approve Construction Specifications for the Federal Stimulus Road Reconstruction Project, and Authorize Staff to Proceed with Advertisement for this project.

Recommendation:

Review and approve specifications for the Federal Stimulus Road Reconstruction Project and direct staff to proceed with the project.

 

6. Award of Contract to Pol-Air Inc. for Heating and Air Conditioner Repair and Maintenance Services for the Apple Valley Town Hall, Police/Municipal Service Building and the Aquatics Center
Recommendation:

Award the contract for Heating and Air Conditioning Repair and Maintenance Services to Pol-Air, Inc. in the amount of $17,135.  

 

7. A Resolution of the Town Council of the Town of Apple Valley Adopting a New Compensation Grade and Step Plan and Proposed Salary Ranges for Job Classifications in the Town of Apple Valley

Recommendation:

Adopt Resolution No. 2009-08, a Resolution of the Town Council of the Tow of Apple Valley adopting a New Compensation Grade and Step Plan and Proposed Salary Ranges for Job Classifications in the Town of Apple Valley

 

8.A Resolution of the Town Council of the Town of Apple Valley Amending the Personnel Policies and Procedures and the Benefit Plan of the Town of Apple Valley
Recommendation:

Adopt Resolution No. 2009-09, a Resolution of the Town Council of the Town of Apple Valley Amending the Personnel Policies and Procedures and the Benefit Plan of the Town of Apple Valley

 

PUBLIC HEARINGS

 

9.Appeal No. 2009-001 of the Planning Commission’s Denial of Tentative Tract Map TTM No. 18732, a Request to Subdivide a Total of 5.47 Net Acres into Eight (8) Single-Family Residential Lots Located within the Residential Equestrian (R-EQ) Zoning District. The Proposed Tentative Tract Map Depicts Eight (8) Lots, Ranging from 28,314 to 29,620 Square Feet in Size.
Recommendation:

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

1.Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA) a Mitigated Negative Declaration has been prepared. However, due to the Planning Commission direction to draft “Findings” for denial, this project is considered Exempt due to Section 15270 (a) – projects in which the local authority denies.

2.Find the Facts presented within the staff report for the Council hearing of March 10th, including the information within the Planning Commission’s report for February 4, 2009, reflecting the public and Commissioner’s comments at the hearing, and the record as a whole as discussed by the Council, do not support the required “Findings” necessary to approve TTM No. 18732, and deny Appeal 2009-001.

 

 

LEGISLATIVE MATTERS

 

 

REPORTS, REQUESTS AND COMMUNICATIONS

 

BUSINESS OF THE COUNCIL

 

10.Discussion of Conditional Use Permit Fees and Extending the Expiration Dates of Approved Conditional Use Permits and Development Permits
Recommendation:

Provide direction to staff to initiate a lower fee for a CUP application that does not include any construction and initiate a Development Code Amendment that would extend the entitlement expiration date for a CUP an additional two (2) years and DP for an additional three (3) years for a total of five (5) years for both.

 

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