February 23, 2010

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.


                                                                                          February 23, 2010

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:

Coleman_____, Nassif_____, Roelle_____, Mayor Pro Tem Sagona_____, Mayor Allan_____.

(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 – Existing Litigation under Government Code Section 54956.9(a) – Town of Apple Valley vs. High Desert Community Foundation Inc., San Bernardino Superior Court Case No. CIVSS 806940.

B. Negotiations with Real Property Negotiator – Property located at 14100 Kiowa Road, Apple Valley; Negotiating Parties: Federal Deposit Insurance Corporation; Town Negotiator(s): Town Manager or Assistant Town Manager, Economic and Community Development or Designee. Negotiations involve both price and terms of payment.

C. 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:

Donald Tatera - Park and Recreation Commission Appointee

Proclamation – “End Polio Now” – Apple Valley Rotary

Victor Valley Economic Development Authority (VVEDA) Presentation – Emily Wong, Assistant Director of Economic Development

New Public Works Facility Design – AC-6 Architects

SPECIAL ANNOUNCEMENTS:

PUBLIC COMMENTS

APPLE VALLEY CHAMBER OF COMMERCE – BUSINESS RETENTION UPDATE

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. Special Meeting – Monday, March 1, 2010, 5:30 p.m. – Mojave Desert Air Quality Management District – 14306 Park Avenue, Victorville, CA
B. Special Meeting – Tuesday, March 9, 2010, 4:00 p.m. – Council Chambers
C. Regular Meeting – Tuesday, March 9, 2010, 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 – February 9, 2010

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

3. Proposition 84 Grant Program, Statewide Park Development and Community Revitalization Program

Recommendation:
That the Town Council adopt Resolution No. 2010-10, for the 2008 State of California Park Development and Community Revitalization Program Grant Application.

4. Adopt a Resolution In Support of The Local Taxpayer, Public Safety and Transportation Protection Act Of 2010

Recommendation:
That the Town Council adopt Resolution No. 2010-11, endorsing the Local Taxpayer, Public Safety and Transportation Protection Act of 2010, which is a proposed constitutional amendment and authorize the listing of the Town of Apple Valley in support of this initiative.

5. A Professional Services Contract for the Preparation of the BMX Bike Park Design Documents and Cost Comparison Study

Recommendation:
1. Award the professional services contract in the not to exceed amount of $24,980.00 to Action Sport Development, LLC., for professional services for the preparation of construction documents and cost comparisons for the BMX Bike Park Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
2. These expenditures are currently unbudgeted and staff requests an additional appropriation be made to Account Code 2510-6820-8940.

PUBLIC HEARINGS

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

6. California Desert Protection Act of 2010

Recommendation:
Provide direction to staff.

7. Letter Requesting Governor Schwarzenegger’s Consideration to Suspend Implementation of the California Global Warming Solutions Act (AB 32) of 2006

Recommendation:
That the Town Council Send a Letter to Governor Schwarzenegger Requesting Suspension of Implementation of AB 32.

8. Introduce Ordinance No. 404, an Ordinance of the Town Council of the Town of Apple Valley Amending Chapter 1.01.200 Violations and Chapter 1.08.050 Citations in Lieu of Immediate Arraignment of the Apple Valley Municipal Code

Recommendation:
1. Find that the proposed adoption of Ordinance No. 404 is not subject to and is Exempt from CEQA, based upon findings under CEQA Guidelines, Section 15061 Sub (b)(3) that can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.
2. Move to waive the reading of Ordinance No. 404 in its entirety and read by title only.
3. Move to Introduce Ordinance No. 404 amending chapter 1.01.200 General Provisions Violations and chapter 1.08.050 General Provisions Citations in Lieu of Immediate Arraignment.
4. Direct Staff to File a Notice of Exemption.

9. High Desert Hispanic Chamber of Commerce

Recommendation:
That the Town Council provide direction to staff regarding the possibility of providing additional financial assistance to the High Desert Hispanic Chamber of Commerce.

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