June 24, 2008

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

June 24, 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. Conference with Legal Counsel - Anticipated Litigation. Based on existing facts and circumstances, the Town Council is deciding whether to initiate litigation, pursuant to Government Code Section 54956.9(c) (one potential case).

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. Special Meeting – Tuesday, July 1, 2008 11:00 a.m. – Council Chambers

B. Regular Meeting – Tuesday, July 8, 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 – June 10, 2008

B. Regular Meeting – June 10, 2008

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

3. Adopt Ordinance No. 383, an 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:
Adopt Ordinance No. 383.

4. Adopt Resolution No. 2008-32 Calling and Giving Notice of the Holding of a General Municipal Election to be held on Tuesday, November 4, 2008

Recommendation:
Adopt Resolution No. 2008-32 of the Town Council calling and giving notice of the holding of a General Municipal Election for the election of certain officers as required by the provision of the laws of the State of California relating to General Law Cities.

5. Resolution No. 2008-33 Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements for the General Municipal Election, November 4, 2008

Recommendation:
Adopt Resolution No. 2008-33 adopting regulations for candidates for elective officer pertaining to candidates statements submitted to the voters at an election, November 4, 2008.

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. Approve and Adopt Resolution Number 2008-34, a Resolution of the Town Council of the Town of Apple Valley Revising our Capitalization Threshold Policy to Include an Appropriate Capitalization Threshold for Infrastructure Capital Assets

Recommendation:
Approve and Adopt Resolution Number 2008-34 A Resolution of the Town Council of the Town of Apple Valley Amending our Capitalization Threshold for Capital Assets to include a $100,000 limit for Infrastructure.

9. Adopt 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:
Adopt Ordinance No. 384.

10. Accept the Final Map for Parcel 18336

Recommendation:
Approve the final map for Parcel Map No. 18336

11. Accept the Amending Map for Parcel Map No. 17684

Recommendation:
Approve the amending map for Parcel Map No. 17684.

12. Award of a Professional Services Agreement Between the Town of Apple Valley and McGregor Shott, Inc. for Marketing Services

Recommendation:
That the Town Council approve a professional services contract with McGregor Shott, Inc. for marketing services for an amount not to exceed $45,000.

13. Lighting and Landscape Assessment District #1 – Engineer’s Annual Report and Levy of Assessment for FY 2008-2009

Recommendation:
1. Adopt Resolution No. 2008-35, a Resolution of the Town Council of the Town of Apple Valley Directing the Filing of the Annual Report for the Town of Apple Valley Landscaping and Lighting Assessment District.

2. Receive and approve the engineer's report as filed, or as amended.

3. Adopt Resolution No.2008-36, a Resolution of the Town Council of the Town of Apple Valley Declaring its Intention to Order Improvements and to Levy and Collect Assessments for Fiscal Year 2008-2009.

14. Military Banner Program

Recommendation:
Approve implementation of Military Banner Recognition Program.

15.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.

16. A Resolution of the Town Council of the Town of Apple Valley Amending the Employee Benefit Plan

Recommendation:
Adopt Resolution No. 2008-37, a Resolution of the Town Council of the Town of Apple Valley Amending the Employee Benefit Plan

17. A Resolution of the Town Council of the Town of Apple Valley Amending the Personnel Policies and Procedures of the Town of Apple ValleyRecommendation:
Adopt Resolution No. 2008-38, a Resolution of the Town Council of the Town of Apple Valley Amending the Personnel Policies and Procedures Manual.

PUBLIC HEARINGS

18. General Plan Amendment No. 2004-002, Zone Change 2004-002, Specific Plan No. 2004-002 And Tentative Tract Map No. 16922. The Request is For A Specific Plan (“Deep Creek Estates”). The Proposal Changes Approximately Eighty (80) Gross Acres With A Current Residential Low Density (R-LD), One (1) Dwelling Unit Per 2.5 To 5.0 Gross Acre Land Use Designation To Specific Plan (S-P) For The Subject Area And A Request To Consider Changing The Zoning Designation From Residential Agriculture (R-A), One (1) Dwelling Unit Per 2.5 To 5.0 Gross Acre To Specific Plan (S-P) For The Subject Area. The Applicant Has Requested To Subdivide The Total Eighty (80) Gross Acre Site, Under Tentative Tract Map No. 16922, Into Eighty-Seven (87) Single Family Lots. All Lots Are Single-Family Residential And Will Range From 18,000 Square Feet To 57,748 Square Feet In Size. The Approximately Eighty (80)-Acre Site Is Generally Located On The Northwest Corner Of Tussing Ranch And Deep Creek Roads; APNs 0434-201-14 and -48.

Recommendation:
1. Determine that, based on the Negative Comments to the required Findings for approval, the project is denied. The proposed General Plan Amendment and Zone Change are inconsistent with the Goals and Policies of the General Plan and has the potential to negatively impact the adjacent low density residential neighborhoods.

2. Find that the facts presented in the staff report, including the attached Planning Commission staff reports for October 17, 2007 and January 16th, May 21st and June 4, 2008, do not support the required Findings for approval and adopt the negative comments in the staff report relating to the required Findings for approval.

3. Adopt Town Council Resolution No. 2008-15 to:

a. Deny General Plan Amendment No. 2004-002, a proposal to change the existing land use designation of Residential Low Density (R-LD) to Specific Plan (S-P).

b. Deny Zone Change No. 2004-002, a proposal to change the existing zoning designation of Residential Agriculture (R-A) to Specific Plan (S-P).

c. Deny Specific Plan No. 2004-002, a proposal to develop single-family residential lots on the subject site.

d. Deny Tentative Tract Map No. 16922, a request to subdivide the eighty (80)-acre site into eighty-seven (87) single-family residential lots for future development on the subject site.

19. A Resolution of the Town Council of the Town of Apple Valley, California, Establishing Specified User and Program Fees for Certain Park and Recreation Services

Recommendation:
Adopt Resolution 2008-28, a Resolution of the Town Council of the Town of Apple Valley, California, establishing specified Park and Recreation User and Program Fees for certain park and Recreation Services for 2008-2009 Fiscal Year.

20. A Resolution of the Town Council of the Town of Apple Valley, California, Amending Specified User and Program Fees for Certain Park and Recreation Services as Described in the Park and Recreation Fund Analysis

Recommendation:
Adopt Resolution 2008-29, a Resolution of the Town Council of the Town of Apple Valley, California, amending specified user and program fees for certain Park and Recreation services as described in the Park and Recreation Fund Analysis.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

21. A Resolution of the Town Council of t he Town of Apple Valley, California, Amending and Establishing Specified Fees for Town Services

Recommendation:
Adopt Resolution 2008-30, a Resolution of the Town Council of the Town of Apple Valley, California, amending and establishing specified fees for Town services.

22. A Resolution of the Town Council of the Town of Apple Valley, California, Amending Development Impact Fees as Specified to Recover the Costs to the Town for Future Construction of Public Infrastructure Facilities and Improvements

Recommendation:
Adopt Resolution 2008-31, a Resolution of the Town Council of the Town of Apple Valley, California, amending Development Impact Fees as specified to recover the costs to the Town for future construction of public infrastructure facilities and improvements.

23. Chamber Of Commerce Agreement for Business Retention Services

Recommendation:
That the Town Council approve the Agreement with the Chamber of Commerce for Business Retention Services.

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: