September 28, 2010

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

                                                                                September 28, 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. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluations. Title: Town Clerk.
B. 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.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

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. Regular Meeting – Tuesday, October 12, 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 – September 14, 2010

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



3. Adopt Ordinance No. 413, An Amendment To The North Apple Valley Industrial Specific Plan Eliminating The Designation Of Non-Conforming For The Use Of Exposed Metal Within The North Apple Valley Industrial Specific Plan.

Recommendation:
Adopt Ordinance No. 413.


4. Adopt Ordinance No. 414, Amending The Official Zoning Map By Changing The Zoning Designation From Multi-Family Residential (R-M; 4 To 20 Du/Net Acres) To Mobile Home Park (MHP; 5 To 15 Du/Acres) For The Vacant 4.69 Acre Project Site Located On The Northerly Adjacent Property Of An Existing Mobile Home Park Approximately 1,000 Feet Northwest From The Intersection Of Nisqually And Quinnault Roads; APN 3087-372-06.

Recommendation:
Adopt Ordinance No. 414.


5. Treasurer’s Report – Month of July 2010

Recommendation:
Receive and file.


6. Payroll/Benefits Warrant Schedule – July 2010

Recommendation:
Receive, ratify, and file the payroll/benefits warrants as presented.

7. Commercial Warrants Schedule – July 2010

Recommendation:
Receive, ratify, and file the commercial warrants as presented.

8. T-Mobile Wireless Site Agreement

Recommendation:
That the Town Council approve the attached T-Mobile Site Lease Agreement and Memorandum of Lease between T-Mobile West Corporation and the Town for the purpose of installing a T-Mobile owned telecommunication facility at Brewster Sports Center.


9. Fee Waiver Request for Sign Program Permit for San Bernardino County Museum (Victor Valley Museum)

Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of Sign Program permit for the San Bernardino County Museum.


10. A Resolution for the Adoption of Measure I – Local Street Program Capital Improvement Plan for Fiscal Years 2010/2011 through 2014/2015

Recommendation:
1. Approve FY 10/15 Measure I, 5-year plan.
2. Adopt Resolution No. 2010-45, A Resolution of the Town Council of the Town of Apple Valley, State of California, Adopting the Measure I Five Year Capital Improvement Program.


11. Legislation Requiring Local Agencies to Review its Conflict of Interest Code to Comply with the Political Reform Act

Recommendation:
This is an informational item only.


12. Town Hall and Police Building Remodel Programs

Recommendation:
1) Award bids for Town Hall and Police Building remodel programs contained in Exhibit “A”; and,
2) Appropriate $77,000 from funds available for contingency fund for the Town Hall and Police Building remodel programs.


13. Professional Services Agreements for Construction Management and Furniture Installation for Town Hall and Police Department Remodel Projects

Recommendation:
Award professional services agreement to Eberhardt Construction for services related to construction management of the Town Hall and Police Department remodel projects. Also, award professional services agreement to Systems Source for services related to design, inventory, reconfiguration and installation of system furniture, carpentry work, shelving and installation for records center and evidence room.

PUBLIC HEARINGS

14. A Resolution Requesting that the Local Agency Formation Commission (LAFCO) Initiate Proceedings for the Annexation of Parcels that Lie East of the Town Limits, South of Quarry Road and West of Central Avenue, Under Annexation No. 2008-002.

Recommendation:
Move to open the public hearing and take testimony. Close the public hearing. Then:
1. Adopt Town Council Resolution No. 2010-46, requesting initiation of annexation proceedings for Annexation 2008-002;
2. Direct staff to file all necessary application materials and fees relating to Annexation 2008-002 with the Local Agency Formation Commission.
3. Direct the Town Manager to sign the Plan for Services.

LEGISLATIVE MATTERS

None

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

15. A Resolution Of The Town Council Of The Town Of Apple Valley, California, Repealing Resolution No. 97-15, And Creating Resolution No. 2010-47 Relating To A Code Of Ethics For All Town Officials And Employees

Recommendation:
That the Town Council adopt Resolution of the Town Council of the Town of Apple Valley, California, Repealing Resolution No. 97-15, and Creating Resolution No. 2010-47 Relating to a Code of Ethics for all Town Officials and Employees.


16. Request for Proposals (RFP) - Consultation and/or Counseling Services for the Staff of the Town of Apple Valley

Recommendation:
That the Town Council approve the proposed Request for Proposal (RFP) and direct the Town Attorney to solicit proposals from experienced and qualified firms.


17. A Resolution Of The Town Council Of The Town Of Apple Valley, California, In Support Of The Southern California Association Of Government’s “Business-Friendly Principles” As Part Of SCAG’s Development Of A Southern California Growth Strategy.

Recommendation:
Adopt Resolution No. 2010-48, in support of the Southern California Association of Government’s “Business-Friendly Principles” as part of SCAG’S development of a Southern California growth strategy.

18. Discussion Regarding Whether or not the Town of Apple Valley Should Proceed with the Purchase of the Apple Valley Country Club/Golf Course

Recommendation:
Provide direction to staff.

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