September 9, 2008

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

September 9, 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 – Initiation of Litigation pursuant to subdivision (c) of the Government Code Section 54956.9 (one or more potential cases).

B. Negotiations with Real Property Negotiator – Property located at 15200 Rancherias Road, Apple Valley; Negotiating Parties: Lana Dugan; Town Negotiator(s): Town Manager or Finance Director or Designee. Negotiations involve both price and terms.

C. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluation. Title: Town Manager.

OPENING CEREMONIES

INVOCATION: Pastor Chris Gillespie, Apple Valley Baptist Church

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

American Cancer Society – Plaque of Appreciation
Apple Valley Junior Lifeguards – Certificates of Appreciation

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, September 23, 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 – August 26, 2008

B. Special Meeting – August 29, 2008

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Treasurer’s Report - Month of July 2008

Recommendation:

Receive and file.

4. Confirm Annual Support of the Today’s Woman Expo 2008

Recommendation:

Finding that this event meets the criteria established by the Council for community support, approve a donation of $1000 to the Today’s Woman Expo 2008.

5. Public Hearing No. 1 (Consolidated Plan – Third Year Action Plan) – Establishing Date and Time Certain

Recommendation:

That the Town Council establish October 14, 2008 at 6:30 p.m., as the date and time certain for the purpose of conducting the first of two Community Development Block Grant Program and HOME Investment Partnerships program public hearings necessary to develop the Town’s Consolidated Plan – Third Year Action Plan.

6. Review, Approve Construction Plans for the Apple Valley Animal Shelter Facility, and Authorize Staff to Proceed with Advertisement for this Project

Recommendation:

Review and approve construction plans for Apple Valley Animal Shelter Facility and direct staff to proceed with the project.

PUBLIC HEARINGS

7. Appeal (No. 2008-001) Of The Planning Commission’s Denial Of Conditional Use Permit No. 2008-001 And Deviation Permit No. 2008-002, A Request To Construct A Sixty (60)-Foot Tall Wireless Telecommunication Monopole Designed As A Broadleaf Tree Within A 630 Square Foot Fenced Lease Area. The Project Also Included A Request For Approval Of A Deviation Permit To Encroach Up To Approximately 820 Feet Into The Required 1,000-Foot Separation Requirement Between The Monopole And Residential Land Use, To Allow A Twenty (20)-Foot Side Yard Setback Where A Forty-Five (45)-Foot Setback For The Antenna Is Required And To Allow A Sixty (60)-Foot Tall Monopole Where A Maximum Height Of Fifty (50) Feet Is Allowed.

Recommendation:

Open the public hearing and take public testimony.

Close the public hearing. Then:

1. Find that Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), Section 15270 (a), that a project which is denied is Exempt from CEQA.

2. Find the Facts presented within the staff report for the Council hearing of July 16, 2008, including the comments of the public and the Planning Commissioners as reflected in the Minutes of the Planning Commission Meeting of July 16, 2008, and the record as a whole as discussed and considered by the Council, including the negative findings that the proposed wireless facility is contrary the design requirements of the Wireless Communication Ordinance.

3. Deny Conditional Use Permit No. 2008-001/ Deviation No. 2008-002

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

8. Enactment of Resolution and Ordinance Relating to Reorganization of Town Management

Recommendation:

1. Adopt Resolution Number 2008-51, a A Resolution of the Town Council of the Town of Apple Valley Amending the Salary Schedules and the Employee Classification Plan

2. Waive Reading of Ordinance No. 387 and read by title only.

3. Introduce Ordinance No. 387, an Ordinance of the Town of Apple Valley Amending Chapter 2.60 of the Town of Apple Valley Municipal Code and Designating Certain Assistant Town Manager And Department Head Positions to Serve at the Will and Pleasure of the Town Manager

9. A Review of Ordinance No. 367 – Pertaining to Regulations for Snipe Signs in the Public Right-of-Way and Limiting the Use of Human Operated Signs

Recommendation:

Review Ordinance No. 367 and provide direction to staff regarding proposed amendments or enforcement.

10. Water Rate Increase Protest/Intervention Update

Recommendation:

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