January 8, 2008

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AGENDA

APPLE VALLEY TOWN COUNCIL
REGULAR MEETING

January 8, 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

A. Personnel Matters--Government Code Section 54957 – Public Employee Performance Evaluations/Titles: Town Attorney.
B. Conference with Legal Counsel-Existing Litigation under Government Code Section 54956.9(a) – Deep Creek Agricultural Association vs. Town of Apple Valley, HDC Group LLC, San Bernardino Superior Court Case No. CIVSS 709146.”

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Proclamation – Exceptional Service - James Joseph Chapdelaine
Southern California Edison – Nancy Jackson

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, January 22, 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. Special Meeting – December 11, 2007
B. Regular Meeting – December 11, 2007
Recommendation:
Approve the subject minutes as part of the consent agenda.

3. Adopt Ordinance No. 372, to Amend Title 9 “Development Code” of the Town of Apple Valley Municipal Code, by Amending Section 9.05.070 of Chapter 9.05 as it Relates to Similar uses by Confirming that Unlawful uses such as Medical Marijuana Dispensaries Shall not be Treated as Permitted uses and Shall not be Determined to be Permitted Similar uses and Amending Chapter 9.08 to add a new Definition of Medical Marijuana Dispensary
Recommendation:
Adopt Ordinance No. 372

4. Adopt Ordinance No. 370, To Amend Title 9 “Development Code” Of The Town Of Apple Valley Municipal Code, By Amending Section 9.28.090 Of Chapter 9.28 As It Relates To Implementing The California State Government Code Section 65915 And The General Plan Housing Element To Provide Incentives For The Creation Of Affordable Housing Through The Implementation Of Two Density Bonus Provisions Including Increases In Density And Incentives Or Concessions For The Incorporation Of On-Site Amenities.
Recommendation:
Adopt Ordinance No. 370.

5. Adopt Ordinance No. 371, an Amendment to Title 9 "Development Code" of the Town of Apple Valley Municipal Code by Amending Chapter 9.19 “Home Occupation Permits” to Restrict the Number of Employees, to Prohibit Outdoor Storage Visible from Public View and Change the Revocation Process to an Administrative Hearing by a Hearing Officer.
Recommendation:
Adopt Ordinance No. 371.

6. Right Of Way Dedication for Highway 18 North Widening For Apple Valley Commons Project
Recommendation:
Adopt Resolution 2008-01, a Resolution of the Town Council of the Town of Apple Valley Granting a segment of Outer Highway 18 North to the State of California Transportation Department for Highway Purposes.

7. Approve the Local Appointment List (Maddy Act) for the Town of Apple Valley Regular and ongoing Boards, Commissions and Committees
Recommendation:
That the Town Council approve the Local Appointment List (Maddy Act) as presented.

8. Request to Vacate a Portion of Outer Highway 18 North Adjacent to the Saint Mary Medical Center
Recommendation:
1. Find that a 16-foot wide portion of the street easement of Outer Highway 18 North, located adjacent to the Saint Mary Medical Center, is in excess of needed right-of-way and not required for street purposes; and the proposed vacation is exempt from CEQA;
2. Adopt Resolution No. 2008-05, A Resolution of the Town Council of the Town of Apple Valley, California, vacating a portion of street easement at the St. Mary Medical Center, pursuant to the Streets and Highway Code Section 8333-8334.5”;
3. Instruct the Town Clerk to cause the Resolution vacating a portion of the street easement to be recorded in the office of the County Recorder of the County of San Bernardino pursuant to Section 8336 of the Streets and Highways Code.

9. Sports Event Parking Revenue Split Policy
Recommendation:
Approve the sports events parking revenue policy with the Town receiving 60% of the revenue and the user group receiving 40%.

10. Review and Discuss Sponsorship Policy, Naming of Parks and Facilities Policy, and Recognition Plaques and Memorials Policy
Recommendation:
Approve the (1) Sponsorship Policy, (2) Naming of Parks and Facilities Policy and (3) Recognition Plaques and Memorials Policy.

11. Approve the Annexation of Location L-23 into the Apple Valley Landscaping and Lighting Assessment District No. 1
Recommendation:
1. Adopt Resolution No. 2008-02, a Resolution of the Town Council of the Town of Apple Valley initiating proceedings for an annexation of territory, L-23, into the Apple Valley Landscaping and Lighting Assessment District No. 1.
2. Receive and approve the Engineer's Report as filed or as amended (Note: The Engineer’s report has already been filed and is made a part of this agenda item for the Council’s review and approval).
3. Receive and approve the Landowner’s consent
4. Adopt Resolution No. 2008-03, a Resolution of the Town Council of the Town of Apple Valley declaring its intention to annex territory into the Apple Valley Lighting and Landscaping Assessment District No. 1, L-23 ordering improvements, and to levy and collect assessments pursuant to the Lighting and Landscaping Act of 1972.

12. Award of Contract for Professional Services for Recruitment and Selection of Town Manager
Recommendation:
Award contract to select a firm for Professional Services to provide assistance in recruitment and selection of a Town Manager.

PUBLIC HEARINGS

CONTINUED FROM NOVEMBER 14, 2007
13. A Request Shall be Presented To The Town Council To Amend The Provisions Of The Development Code Pertaining To Regulations Prohibiting Snipe Signs In The Public Right-Of-Way And Human Operated Signs Within Residential Neighborhoods.
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. 367 in its entirety and read by title only.
5. Introduce Ordinance No. 367, amending Chapter 9.74 “Signs and Advertising Displays” of the Development Code as it relates to prohibiting snipe signs within the public right-of-way and human operated signs within the Residential neighborhoods within the Town.
6. Direct staff to file a Notice of Exemption.

14. A Request To Terminate Development Agreement (DA) No. 2004-001 Between The Town Of Apple Valley And New Century/Summers, LLC, Establishing The Standards, Criteria And Time Frame For Development Of The Project Area Located On The Southwest Corner Of Jess Ranch Parkway And Bear Valley Road Within The Jess Ranch Planned Unit Development (PUD) 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, 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 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.
3. Move to waive the reading of Ordinance No. 373 in its entirety and read by title only.
4. Introduce Ordinance No. 373, to terminate Development Agreement No. 2004-001 between the Town of Apple Valley and New Century/Summers, LLC establishing the standards, criteria and time frame for development of the project area located on the southwest corner of Jess Ranch Parkway and Bear Valley Road, within the Jess Ranch Planned Unit Development (PUD) within the Town of Apple Valley.
5. Direct staff to file a Notice of Exemption.

LEGISLATIVE MATTERS


REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

15. A Resolution Setting the Time and Place for a Public Hearing on Sewer User Fees Increase in an Amount of One Dollar Ninety-Eight Cents ($1.98) Per Equivalent Dwelling Unit Per Month and Directing Staff to Proceed with the Special Notice Proceeding as Required by Law
Recommendation:
That the Town Council adopt Resolution No. 2008-04 stating its intention to hold a Public Hearing to increase sewer user fees in an amount of $1.98 per equivalent dwelling unit per month and direct staff to proceed with the special notice as required by law.

16. Introduce Ordinance No. 374, An Ordinance Of The Town Council Of The Town Of Apple Valley, California, Amending Chapter 12.36 Of The Town Of Apple Valley Municipal Code Relating To Truck Routes
Recommendation:
1. Waive the reading of Ordinance No. 374 and read by title only.
2. Introduce Town Council Ordinance No. 374, An Ordinance of The Town Council of the Town of Apple Valley, California, Amending Chapter 12.36 of the Town of Apple Valley Municipal Code Relating to Truck Routes.

17. Introduce Ordinance No. 375, An Ordinance Of The Town Council Of The Town Of Apple Valley, California, Amending Chapter 12.20., Entitled “Special Speed Limits” Of Title 12 Of The Town Of Apple Valley Municipal Code” (Speed Limit On Riverside Drive Between Sahale Lane And Branding Iron Road; Speed Limit On Ottawa Road Between Kiowa Road And Navajo Road; Speed Limit On Del Oro Road Between Apple Valley Road And Deep Creek Road)
Recommendation:
1. Move to waive the reading of Ordinance No. 375 in its entirety and read by title only.
2. Move to Introduce No. 375, an Ordinance of the Town Council of the Town of Apple Valley, California, amending Chapter 12.20., entitled “Special speed limits” of Title 12 of the Town of Apple Valley Municipal Code.

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:
TOWN COUNCIL AGENDA
REGULAR MEETING OF 1/08/08