September 22, 2009

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

September 22, 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

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

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Guard Start Lifeguarding Certificates

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, October 13, 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. Regular Meeting – September 8, 2009

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Authorize Staff To Work With Technology Global Alliance (TGA) To Recycle Cell Phones.

Recommendation:

Authorize staff to work with TGA to implement cell phone recycling program.

4. Award Contract for the Civic Center Park Amphitheater Concrete Walkways Project

Recommendation:

Award a contract to Pacific Construction for the civic Center Park Amphitheater Concrete Walkways Project, subject to “Approval as to Form” by the Town Attorney and”Approval as to Content” by the Town Manager.

5. Award Contract for the Civic Center Park Amphitheatre Electrical Phase 2

Recommendation:

Award a contract to Nekota Power for the Civic Center Park Amphitheater Electrical Phase 2 Project, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6. Release of Securities for Parcel Map 18416

Recommendation:

Find that the construction of various improvements required for Parcel Map 18416 are complete, and approve the 50% reduction of the performance securities.

PUBLIC HEARINGS

7. A Request to Modify the Provisions of the Development Code by 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:

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), the project is exempt from environmental review because 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, the proposed Code Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.

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. 400 in its entirety and read by title only.

5. Introduce Ordinance No. 400, amending Title 9 “Development Code” of the Town of Apple Valley Municipal Code by 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.

6. Direct staff to file a Notice of Exemption.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

8. Apple Valley Housing Programs

Recommendation:

That the Town Council receive and file the subject staff report.

9. Update on Ad Hoc Committee on the BMX Bike Park

Recommendation:

Provide direction to staff.

10. Update on Golden State Water Increase Proceedings

Recommendation:

Receive and file update report.

11. Baseball Stadium Status Report

Recommendation:

That the Mayor and Town Council receive and file the attached status report regarding the proposed Apple Valley Baseball Stadium.

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