June 10, 2008

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NOTICE AND CALL OF THE

TOWN OF APPLE VALLEY TOWN COUNCIL

SPECIAL MEETING – June 10, 2008

NOTICE IS HEREBY GIVEN as provided by Section 54956 of the Government Code of the State of California that the Mayor has called a Special Meeting for the purposes listed below.

This Special Meeting is to be held on June 10, 2008, at 5:00 p.m., in the Council Chambers at 14955 Dale Evans Parkway, Apple Valley, California.

AGENDA

PUBLIC PARTICIPATION IS INVITED. If you wish to be heard on any item on the agenda during Council’s consideration of that item or earlier if determined by Council, please so indicate by filling out a "REQUEST TO SPEAK" form at the Council meeting. Place the request in the Speaker Request Box on the table near the Town Clerk or hand to the Town Clerk at the Town Council meeting. (G.C. 54954.3 {a}).

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:

ROLL CALL: Council Members Allan _____, Nassif_____, Roelle _____, Mayor Pro Tem Sagona _____, Mayor Jasper_____.

CLOSED SESSION

1. Closed Session

A. Personnel Matter – Government Code Section 54957(b) - Consider Public Employee Appointment/Employment: Title: Town Attorney.

ADJOURNMENT

AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

June 10, 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. Personnel Matter – Government Code Section 54957 - Consider Public Employee Appointment/Employment: 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, June 24, 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 – May 27, 2008
Recommendation:
Approve the subject minutes as part of the consent agenda.

3. Claimant – Fernando Eugene Franco
Recommendation:
Reject the claim of Fernando Eugene Franco.

4. Claimant – Ruben P. Escalante
Recommendation:
Reject the claim of Ruben P. Escalante.

5. Adopt Ordinance No. 381, Specific Plan No. 2005-001, Amendment No. 2: An Amendment to the North Apple Valley Industrial Specific Plan that Amends Portions of Section III and Section IV of the North Apple Valley Industrial Specific Plan as they Relate to Allowable Land Uses, Development Standards and Street Improvements.
Recommendation:
Adopt Ordinance No. 381.

6. Submission of CalHome Program Application to the California Department of Housing and Community Development (HCD)
Recommendation:
That the Town Council adopt Resolution 2008-24 authorizing the submittal of an application to the California State Department of Housing and Community Development (HCD) for funding under the CalHome Program; and authorize the Town Manager or other authorized signature authority to execute, on behalf of the Town of Apple Valley, the application, the Standard Agreement, and all other documents required by HCD for participation in the CalHome Program, and any amendments thereto.

7. Award Contract for the Safe Routes to School Symeron Road Improvements Project 2008-04
Recommendation:
Award a contract to Cooley Construction Co., for the Safe Routes to School Symeron Road Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

8. Legislation Requiring Local Agencies to Review its Conflict of Interest Code to Comply with the Political Reform Act
Recommendation:
Direct the Town Manager to review its code and submit a notice by October 1, 2008, to the Town Council that either amendments are required or that no amendments are necessary.

9. A Resolution of the Town Council of the Town of Apple Valley Amending the Salary Schedule and the Employee Classification Plan for the Town of Apple Valley
Recommendation:
Adopt Resolution No. 2008-26, a Resolution of the Town of Apple Valley amending the salary schedule and the employee classification plan for the Town of Apple Valley.

PUBLIC HEARINGS

10. Issuance of Bonds for Park Apple Valley Apartments
Recommendation:
That the Town Council adopt Resolution No. 2008-25, approving the issuance of multifamily housing revenue bonds for the purpose of financing the acquisition and rehabilitation of the Park Apple Valley Apartments.

11. Amendment To The Development Code As It Relates To Providing A General Clean Up Of The Development Code As It Pertains To Amending Chapters 9.16 “Conditional And Special Use Permits”, 9.26 “Enforcement”, 9.28 “Residential Districts”, 9.29 “Specific Use Regulations For Residential Districts”, 9.30 “Mobile Home Park Or Subdivision Standards”, 9.31 “Residential Design Standards”, 9.35 “Commercial And Office Districts”, 9.36 “Specific Use Regulations For Commercial And Office Districts”, 9.65 “Airport Overlay Districts”, 9.72 “Off-Street Parking And Loading Regulation” And 9.74 “Signs And Advertising Display”.
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. 383 in its entirety and read by title only.

5. Introduce Ordinance No. 383, amending various sections of the Code to provide a general clean up as it pertains to amending Chapters 9.16 “Conditional And Special Use Permits”, 9.26 “Enforcement”, 9.28 “Residential Districts”, 9.29 “Specific Use Regulations For Residential Districts”, 9.30 “Mobile Home Park Or Subdivision Standards”, 9.31 “Residential Design Standards”, 9.35 “Commercial And Office Districts”, 9.36 “Specific Use Regulations For Commercial And Office Districts”, 9.65 “Airport Overlay Districts”, 9.72 “Off-Street Parking And Loading Regulation” And 9.74 “Signs And Advertising Display”.

6. Direct staff to file a Notice of Exemption.

12. Appeal No. 2008-001, An Appeal Of The Planning Commission’s Denial Of Variance No. 2008-001. The Variance Would Permit The Construction Of A Twenty-Five (25)-Foot Tall Pylon Sign With 152 Square Feet Of Sign Area, Exceeding The Six (6)-Foot Tall, Twenty (20) Square Foot Sign Permitted For A Single Tenant Building Within The General Commercial (C-G) Zoning Designation. Recommendation:
Find the Facts presented to the Town Council on June 10, 2008, and to the Planning Commission on April 16, 2008, do not support the Findings necessary to approve a Variance for sign height and sign area, adopt the negative comments addressing the Findings within the June 10, 2008 Town Council report and uphold the Planning Commission’s decision and deny Appeal No. 2008-001.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

13. Consider Request for Support of the Victor Valley Airshow on September 27, 2008
Recommendation:
Provide direction to staff on:
(a) General support of event through use of logo/agency name
(b) Whether to provide cash sponsorship of more than $1000.

14. Consider Financial Support of the Equine Extravaganza
Recommendation:
Provide direction to staff

15. Introduce Ordinance No. 384 – An Ordinance Of The Town Council Of The Town Of Apple Valley Amending Chapter 11.68 Use Of Park And Recreation Facilities; And Repealing Section 11.70 Regulations For Use Of Skate Parks Of The Apple Valley Municipal Code
Recommendation:
1. Move to waive the reading of Ordinance No. 384 in its entirety and read by title only.
2. Move to Introduce Ordinance No. 384 amending Chapter 11.68 Use of Park and Recreation Facilities and Repealing Section 11.70 Regulations for use of Skate Parks of the Apple Valley Municipal Code.

16. A Resolution Of The Town Council Of The Town Of Apple Valley, San Bernardino County, California, Opposing Application No. 08-01-002, An Application Filed With The California Public Utilities Commission (CPUC) By Apple Valley Ranchos Water Company, A Privately Held Public Utility, Seeking Authorization To Increase Rates To Water Service Customers In The Town Of Apple Valley And Surrounding Area By More Than 25% Over A Three Year Period.Recommendation:

Adopt Resolution Number 2008-27, A Resolution of the Town Council of the Town of Apple Valley, San Bernardino County, California, opposing Apple Valley Water Company CPUC rate application No. 08-01-002 for Apple Valley Ranchos Water Company customers in the Town of Apple Valley

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