March 11, 2008

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AGENDA

March 11, 2008

APPLE VALLEY REDEVELOPMENT AGENCY

REGULAR MEETING 6:30 P.M.

The Redevelopment Agency’s Regular Meeting will begin at 6:30 p.m., with Closed Session items; the remainder of the Regular Meeting immediate 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.

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OPENING CEREMONIES

CALL TO ORDER:

ROLL CALL:

BOARDMEMBERS: Allan _____, Nassif _____, Roelle _____, Vice-Chairperson Sagona _____, Chairperson Jasper_____ .

PUBLIC COMMENTS

BOARD OF DIRECTORS COMMENTS/REPORTS

EXECUTIVE DIRECTORS COMMENTS/REPORTS

CONSENT AGENDA

1R. Approval of Minutes of the Redevelopment Agency

A. Regular Meeting – February 12, 2008

Recommendation:

Approve the subject minutes as part of the consent agenda.

2R. Professional Services Agreement for Development Pro-Forma Analysis

Recommendation:

That the Redevelopment Agency approve an agreement between the Agency and Rosenow Spevacek Group, Inc., for professional services relating to the review and analysis of development pro formas; and authorize the Executive Director to execute the agreement on behalf of the Town.

PUBLIC HEARING

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

REPORTS OF COMMITTEES

None

LEGISLATIVE MATTERS

None

CLOSED SESSION

None

RECESS AS THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY AND RECONVENE AS THE APPLE VALLEY TOWN COUNCIL

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

March 11, 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. Negotiations with Real Property Negotiator – Parcel Number: 3087-391-04 located at 13450 Nomwaket Road, Apple Valley; Negotiating Parties: Borges, Edward G and Jean C.; Town Negotiator(s)--Town Manager or Finance Director or Designee. Negotiations involve both price and terms.

OPENING CEREMONIES

INVOCATION: Nate Garn, Minister - Apple Valley Baptist Church

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Presentation - Citizens on Patrol – Town of Apple Valley

Crime Statistics in Apple Valley – Update on the Gang Unit – Captain Bart Belknap

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 25, 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 – February 15, 2008

B. Regular Meeting – February 26, 2008

C. Special Meeting – March 3, 2008

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Adopt Ordinance No. 376, 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:

Adopt Ordinance No. 376.

4. Adopt Ordinance No. 377, 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:

Adopt Ordinance No. 377.

5. A Resolution of the Town of Apple Valley approving the filing of a Grant Application for the Land and Water Conservation Fund Civic Center Park Project

Recommendation:

Approve Resolution No. 2008-09, authorizing submittal of an application for Land and Water Conservation Funds and designating the Town Manager, or his designee, as the authorized signer on behalf of the Town.

6. A Resolution of the Town Council of the Town of Apple Valley, California, Authorizing the submittal of Applications to the California Integrated Waste Management Board for all Grants for which the Town of Apple Valley is Eligible, Time Period not to Exceed Five (5) Years

Recommendation:

Adopt Resolution No. 2008-10, a resolution of the Town of Apple Valley authorizing the submittal of application(s) to the California Integrated Waste Management Board, for all grants for which The Town is eligible.

7.Treasurer’s Report – Month of January 20080

Recommendation:

Receive and file.

8. Award Contract for the Rincon Road and Rancherias Road Reconstruction, Project Number 2008-03

Recommendation:

Award a contract to Cooley Construction for the Rincon Road and Rancherias Road Reconstruction Project, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

9. Award Contract for Traffic Signal at Navajo Road and Powhatan Road, Project 2008-02

Recommendation:

Award a contract to EBS Incorporated for the Traffic Signal at Navajo Road and Powhatan Road Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

10. Commercial Warrant Schedule Recommendation:

That the Town Council of the Town of Apple Valley ratify, receive and file the commercial warrant schedule as presented.

11. Payroll Warrants Schedule

Recommendation:

That the Town Council of the Town of Apple Valley ratify, receive and file the payroll warrant schedule as presented.

12. A Resolution Of The Town Council Of The Town Of Apple Valley, California, Requesting The Board Of Administration Of The Public Employees’ Retirement System To Approve An Extension Of Allowed Employment For A Retired Employee Pursuant To California Government Code Section 21221(H)

Recommendation:

That the Town Council adopt Resolution 2008-11 stating its intention to request approval from the Cal-PERS Board to extend the temporary employment of the Interim Town Manager

PUBLIC HEARINGS

13. A Request To Consider An Amendment To The Land Use Element Of The General Plan And Development Code By Assigning General Plan Land Use Designations And Zoning Designations To Approximately 122,921 Acres Of Land Located Outside The Town Boundary, To The North, East And South Of The Town Limits. In Conjunction With The Land Use Designation And Zoning Assignments, Amendments To The Development Code Relating To Residential Zones, And Their Development Standards, Are Also Proposed.

Recommendation:

Move to open the public hearing and take testimony.

Close the public hearing. Then:

1. Determine, in conformance with the requirements of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the proposed General Plan Amendment and Zone Change will not have a significant effect on the environment.

2. Adopt the Negative Declaration and Initial Study prepared for General Plan Amendment No. 2007-007 and Development Code Amendment No. 2007-004.

3. Find that the proposed Ordinance and Resolution are consistent with the Goals and Objectives of the adopted Town of Apple Valley General Plan and, as such, shall promote the health, safety and general welfare of the citizens of Apple Valley, and that Ordinance No. 378, approving conforming zoning and amendments to the Development Code are consistent with the General Plan Amendment established by Resolution No. 2008-008.

4. Find the facts presented within the staff report support the required Findings for approval of an amendment to the General Plan, Zoning Map and Development Code and adopt the Findings.

5. Move to waive the reading of Ordinance No. 2008-008 in its entirety and read by title only.

6. Introduce Ordinance No. 378 amending that portion of Title 9 (Development Code) of the Town of Apple Valley Municipal Code, Section 9.05.040 “Adoption of the Official Zoning Map” subsection “B” by approving the proposed zoning designations of the Sphere of Influence and territory north of the Town boundaries, amend Table A of Section 9.05.030-A “Zoning Districts”, amend Section 9.05.110 “Prezoning”, amend Section 9.28.010 “Purpose and General Plan Consistency”, amend Section 9.28.020 “Residential Districts”, amend Section 9.28.040 “Site Development Standards”, amend Section 9.35.010 “Purpose and General Plan Consistency”, amend Section 9.45.010 “Purpose and General Plan Consistency” and amend Section 9.55.010 “Purpose and General Plan Consistency”.

7. Adopt Town Council Resolution No. 2008-008 amending the Land Use Element of the General Plan by modifying the specific changes proposed to the Land Use Map of the Land Use Element of the General Plan.

8. Direct staff to file a Notice of Determination.

14. A Resolution Of The Town Council Of The Town Of Apple Valley, California, Establishing Sewer Fees And Establishing An Operative Date Therefor
Recommendation:

1. Open the public hearing for Resolution 2008-04

2. Determine whether a majority protest exists, and

3. If no majority protest exists, adopt Resolution 2008-12, revising the sewer user fees for the use of Town sewers and rescinding Ordinance 135 in its entirety.

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

15. Granite Mountain Wind Energy Project

Recommendation:

Receive and file.

16. Request by Equestrian Advisory Committee to Link Town’s Trail System to the Pacific Crest TrailRecommendation:

Provide direction to staff.

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: