August 26, 2008

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

August 26, 2008

The Town Council’s 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. 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, 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 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 – 6:30 p.m.

ROLL CALL:

COUNCILMEMBERS: Allan_____, Nassif_____, Roelle_____, Mayor Pro Tem Sagona_____, Mayor Jasper_____.

(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)

CLOSED SESSION

1. Closed Session

A. Negotiations with Real Property Negotiator – Parcel Number: 441-33-01 located at the northwest corner of Dale Evans Parkway and Thunderbird, Apple Valley; Negotiating Parties: Quan and Pellissier; Town Negotiator(s)--Town Manager or Finance Director or Designee. Negotiations involve both price and terms.

B. Conference with Legal Counsel – Initiation of Litigation pursuant to subdivision (c) of the Government Code Section 54956.9 (one or more potential cases).

C. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluation. Title: Town Manager.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

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, September 9, 2008, 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 – August 12, 2008

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

3. Claimant – Verizon
Recommendation:
Reject the claim of Verizon.

4. Adopt Ordinance No. 386 of The Town Council of The Town of Apple Valley Amending Chapter 2.20 of Title 2 (Administration And Personnel) of The Town of Apple Valley Municipal Code Relating to the Parks And Recreation Commission Meetings – Rules Of Procedure
Recommendation:
Adopt Ordinance No. 386.

5. Treasurer’s Report - Month of July 2008
Recommendation:
Receive and file.

6. Commercial Warrants Schedule
Recommendation:
That the Town Council of the Town of Apple Valley receive, ratify, and file the commercial warrants as presented.

7. Payroll Warrants Schedule
Recommendation:
That the Town Council of the Town of Apple Valley receive, ratify, and file the payroll warrant schedule as presented.

8. A Resolution Of The Town Council Of The Town Of Apple Valley Amending The Personnel Policies And Procedures And The Benefit Plan Of The Town Of Apple Valley
Recommendation:
Adopt Resolution No. 2008-50, a Resolution of the Town Council of the Town of Apple Valley Amending the Personnel Policies and Procedures and the Benefit Plan of the Town of Apple Valley

PUBLIC HEARINGS

9. Appeal (No. 2008-002) Of The Planning Commission’s Approval Of Tentative Tract Map No. 17180 Extension Of Time No. 1, A Request To Extend Tentative Tract Map No. 17180 For An Additional Three (3) Years, Specifically Condition Of Approval Nos. P13 And P14 Which Relate To Subdivision Walls. Tentative Tract Map No. 17180 Is A Request To Subdivide Three (3) Acres Into Six (6) Single Family Residential Lots.
Recommendation:
Open the public hearing and take testimony. Close the public hearing. Then move to:
1. Find that pursuant to the California Environmental Quality Act (CEQA), Section 15315, the proposed request is Exempt from further environmental review.
2. Move to deny Appeal No. 2008-002 and uphold the Planning Commission’s approval of Tentative Tract Map No. 17180 Extension of Time No. 1.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

10. Initiation of Development Code Amendment as it relates to the Regulations for Wireless Telecommunication Towers and Antennas
Recommendation:
Move to receive and file the report and to initiate a Development Code Amendment.

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: