October 27, 2009

Print
Press Enter to show all options, press Tab go to next option

NOTICE AND CALL OF THE

TOWN OF APPLE VALLEY TOWN COUNCIL

SPECIAL MEETING –October 27, 2009

NOTICE IS HEREBY GIVEN as provided by Section 54956 of the Government Code of the State of California that the Mayor has called a Special Meeting for the purposes listed below.

This Special Meeting is to be held on October 27, 2009, at 5:30 p.m., in the Council Chambers located at 14955 Dale Evans Parkway, Apple Valley, California.

AGENDA

PUBLIC PARTICIPATION IS INVITED. If you wish to be heard on any item on the agenda during Council’s consideration of that item or earlier if determined by Council, please so indicate by filling out a "REQUEST TO SPEAK" form at the Council meeting. Place the request in the Speaker Request Box on the table near the Town Clerk or hand to the Town Clerk at the Town Council meeting. (G.C. 54954.3 {a}).

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.

CALL TO ORDER:

ROLL CALL: Council Members Allan _____, Coleman_____, Sagona _____, Mayor Pro Tem Nassif _____, Mayor Roelle _____.

CLOSED SESSION

1. Closed Session

A. 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.

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

ADJOURNMENT

AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

                                                                                             October 27, 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 – 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

None.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

SPECIAL ANNOUNCEMENTS:

APPLE VALLEY CHAMBER OF COMMERCE – BUSINESS RETENTION UPDATE

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, November 10, 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. Special Meeting – October 13, 2009

B. Regular Meeting – October 13, 2009

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Adopt Ordinance No. 401, 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:

Adopt Ordinance No. 401.

4. Award Professional Services Agreement For Construction Management Services For Public Works Facility

Recommendation:

Award a Professional Services Contract to Eberhardt Construction, Inc. in the amount of $534,880 for construction management services for the Public Works Facility project subject to approval by the Town Manager as to content, and the Town Attorney as to form.

5. Request From The California Redevelopment Association (CRA) For Payment Of A Special Fee In The Amount Of $335 To Offset The Costs Associated With Its Pursuit Of A Lawsuit Challenging The FY 09-10 SERAF Payment

Recommendation:

That the Redevelopment Board of Directors approve the California Redevelopment Agency request for financial assistance in the amount of $335 to offset the anticipated legal fees.

6. Adoption Of Measure I - Capital Improvement Plan

Recommendation:

1. Approve the Revised FY 08/10 Measure I, 2-year plan (actual expenditures)

2. Approve FY 09/10 Measure I, 1-year plan

3. Adopt Resolution No. 2009-49, “A Resolution of the Town Council of the Town of Apple Valley, State of California, Adopting the Measure I One-Year Capital Improvement Program”

PUBLIC HEARINGS

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

7. Healthy Apple Valley – A Collaborative Approach to Building a Better Community

Recommendation:

That the Town Council adopt Resolution No. 2009-48, a Resolution of the Town Council of The Town Of Apple Valley Setting Forth Apple Valley’s Commitment to Promote and Develop a Safer and Healthy Apple Valley.

CONTINUED FROM OCTOBER 13, 2009

8. Review and Consider all Options and Alternatives With Respect to the Ongoing Implementations of the Purchase and Sale Agreement for the Apple Valley Country Club

Recommendation:

Provide staff direction.

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