October 13, 2009

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

October 13, 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/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:

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)

TOWN COUNCIL/REDEVELOPMENT AGENCY CLOSED SESSION

1. Closed Session

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

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Cal Writers Week

Military Banner

Employee of the Quarter – Robert Tafoya, Code Enforcement Officer

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, October 27, 2009, 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. Regular Meeting – September 22, 2009

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Adopt Ordinance No. 400, - Amending Section 9.21 “Special Events Permits” of Title 9 “Development Code” of the Apple Valley Municipal Code as it Relates to Modifying the Permitting Requirements for Special Events Conducted Within the Town of Apple Valley

Recommendation

Adopt Ordinance No. 400.

4. Treasurer’s Report – Month of July 2009

Recommendation:

Receive and file.

5. Payroll/Benefits Warrants Schedule – July 2009

Recommendation:

That the Town Council of the Town of Apple Valley receive, ratify, and file the payroll warrant schedule as presented.

6. Commercial Warrant Schedule – July 2009

Recommendation:

That the Town Council of the Town of Apple Valley receive, ratify, and file the commercial warrants as presented.

7. Adopt Resolution 2009-46, Approving the Dissolving of Improvement Area No. 2 of the Town of Apple Valley Community Facilities District No. 2006-03 (Sky Haven Ranch/Granite Hills)

Recommendation:

Adopt Resolution 2009-46, approving the dissolving of improvement area No. 2 of the Town of Apple Valley Community Facilities District No. 2006-03 (Sky Haven Ranch/Granite Hills)

8. Adopt-A-Shelter Dog Month Awareness Campaign

Recommendation:

Direct staff to implement Adopt-A-Shelter Dog Awareness Campaign during the Month of October.

PUBLIC HEARINGS

9. Community Development Block Grant (CDBG) and Home Investment Partnerships Program (Home) – Consolidated Plan – Public Hearing No. 1

Recommendation:

Open public hearing;

Close public input and commentary;

Close public hearing.

10. A Request To Consider An Amendment To Title 9 "Development Code" Of The Town Of Apple Valley Municipal Code By Amending Various Sections Of The Code As They Relate To The Processing Of A Conditional Use Permit Application For A Project Anywhere Within The Town Of Apple Valley. The Proposed Amendment Removes All References To The Minor Conditional Use Permit Application Process Within Code Sections 9.16 “Conditional Use And Special Use Permits”, 9.28 “Residential Districts”, 9.35 “Commercial And Office Districts” And 9.45 “Industrial Districts”.

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), it can be determined 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 may have a significant effect on the environment, the activity is EXEMPT from further CEQA review.

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. 401 in its entirety and read by title only.

5. Introduce Ordinance No. 401, amending Sections 9.16 “Conditional Use and Special Use Permits”, 9.28 “Residential Districts”, 9.35 “Commercial and Office Districts” and 9.45 “Industrial Districts” as they relate to the processing of a Conditional Use Permit application for a project anywhere within the Town of Apple Valley.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

11. Discussion on Strategy for Unwinding the Purchase of the Apple Valley Country Club

Recommendation:

Provide staff direction

12. Adopt Resolution 2009-47, Approving The Form Of And Authorizing The Execution And Delivery Of A Purchase And Sale Agreement And Related Documents With Respect To The Sale Of The Seller’s Proposition 1A Receivable From The State; And Directing And Authorizing Certain Other Actions In Connection Therewith.

Recommendation:

Adopt Resolution 2009-47, approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the seller’s Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith.

13. Authorization to Provide Financial Support to the Victor Valley Museum in Partnership with the San Bernardino County Museum

Recommendation:

Act to approve financial support of the Victor Valley Museum in partnership with the San Bernardino County Museum, not-to-exceed $15,000.00 per year.

14. Approve the Amended and Restated Joint Exercise of Powers Agreement of the Victor Valley Wastewater Reclamation Authority

Recommendation:

Approve the Amended and Restated Joint Exercise of Powers Agreement of the Victor Valley Wastewater Reclamation Authority.

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: