February 26, 2008

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AGENDA

APPLE VALLEY TOWN COUNCIL
REGULAR MEETING

February 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.

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

None.

OPENING CEREMONIES

INVOCATION: Nate Garn, Minister - Apple Valley Baptist Church

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Target Donation Presentation
Council Murals – Historical Advisory Committee

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, March 11, 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 – February 12, 2008
Recommendation:
Approve the subject minutes as part of the consent agenda.

3. Claimant – Patricia Fierros
Recommendation:
Reject the claim of Patricia Fierros

4. Claimant – Alona Marie Hunt
Recommendation:
Reject the claim of Alona Marie Hunt

5. Treasurer’s Report – Month of December 2007
Recommendation:
Receive and file.

6. Annual Report of Financial Transactions of Community Redevelopment Agencies Project Area Report.
Recommendation:
Receive and file the Annual Report of Financial Transactions of the Apple Valley Redevelopment Agency, Project Area #2, and acknowledge, ratify and approve the filing submitted to the State Controller.

7. Release of Securities for Tract Map 16395 – 1 & 2
Recommendation:
Find that the construction of various improvements required for Tract Map 16395 – 1 & 2 are complete, and approve the 50% reduction of the performance securities.


8. Release of Securities for Tract Map 15811
Recommendation:
Find that the construction of various improvements required for Tract Map 15811 are complete, and approve the 50% reduction of the performance securities.

9. Fee Waiver Request for the American Cancer Society Relay for Life on May 3 and 4, 2008.
Recommendation:
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $2790 and Special Event Permit fee of $48 for the American Cancer Society, totaling $2838.

10. Authorize Submission of a Grant Application to the U.S. Environmental Protection Agency for a ‘Community Action for a Renewed Environment’ (Care) Grant.
Recommendation:
Authorize submission of a grant application to the US EPA CARE program to establish a community focus group for environmental concerns.

11. A Resolution of the Town Council of the Town of Apple Valley Amending the Employee Classification Plan
Recommendation:
Adopt Resolution Number 2008-07, Amending the Employee Classification Plan.

12. Town-Wide Grant Activity Report
Recommendation:
Information only.

PUBLIC HEARINGS

13. A Request Shall Be Presented To The Town Council To Amend Title 9 “Development Code” Of The Town Of Apple Valley Municipal Code By Amending Various Sections Of The Code As They Relate To The Regulations For Developing Guest Quarters Within Single-Family Residential Zoning Districts.
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, stating that 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. 376 in its entirety and read by title only.
5. Introduce Ordinance No. 376, amending Section 9.08.01 “Definitions” and Table 9.28.030-A “Permitted Uses” within Section 9.28.030 of the Code as they relate to the regulations for guest quarters developed within single-family residential districts; and,
6. Direct staff to file a Notice of Exemption.


14. A Request Shall Be Presented To The Town Council To Amend Title 9 “Development Code” Of The Town Of Apple Valley Municipal Code By Amending Various Sections Of The Code As They Relate To Giving The Authority To The Economic And Community Development Director To Review And Approve Development Permits For Commercial, Office And Industrial Development (Industrial Projects Outside The North Apple Valley Industrial Specific Plan) For Projects Less Than 50,000 Square Feet In Size Within Code Section 9.17 “Development Permits”.
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, stating that 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. 377 in its entirety and read by title only.
5. Introduce Ordinance No. 377, amending various sections of the Code as they relate to giving the authority to the Economic and Community Development Director to review and approve Development Permits for commercial, office and industrial development (industrial projects outside the North Apple Valley Industrial Specific Plan) for projects less than 50,000 square feet in size within Code Section 9.17 “Development Permits”.
6. Direct staff to file a Notice of Exemption.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

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: