NOTICE AND CALL OF THE
TOWN OF APPLE VALLEY TOWN COUNCIL
SPECIAL MEETING – April 22, 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 April 22, 2008, at 4:30 p.m., in the Council Chambers located at 14955 Dale Evans Parkway, Apple Valley, California.
CALL TO ORDER:
ROLL CALL: Council Members Allan _____, Nassif_____, Roelle _____, Mayor Pro Tem Sagona _____, Mayor Jasper_____.
BUSINESS OF THE COUNCIL
Provide direction to staff
APPLE VALLEY TOWN COUNCIL
April 22, 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.
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)
A. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluation. Titles: Town Manager; Town Attorney.
B. 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).
INVOCATION: Pastor Larry Brown
PLEDGE OF ALLEGIANCE:
Employee of the Quarter – Kirk Johnson, Maintenance Worker I
COUNCILMEMBER COMMENTS AND COMMITTEE/COMMISSION PARTICIPATIONBoards, 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 – Wednesday, April 30, 6:00 p.m. (Joint Meeting with Planning Commission) – Council Chambers
B. Special Meeting – Tuesday, May 13, 2008, 4:00 p.m.(Budget Workshop)– Council Chambers
C. Regular Meeting – Tuesday, May 13, 2008, 6:30 p.m. – Council Chambers
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.
Approve the subject minutes as part of the consent agenda.
3. Adopt Ordinance No. 380, an Ordinance of the Town Council of the Town of Apple Valley Repealing Ordinance No. 14 and relinquishing responsibility for the Enforcement of the Mobile home Parks Act and Related Regulations to the State of California Housing and Community Development Department.
Adopt Ordinance No. 380
4. Adopt Ordinance No. 367 to Amend the Provisions of the Development Code Pertaining to Modifying Regulations for Snipe Signs in the Public Right-Of-Way, Modifying the Residential Kiosk Directional Sign Program and Limiting the Use of Human Operated Signs within Residential Neighborhoods.
Adopt Ordinance No. 367
That the Town Council approve the transfer of $25,000 from Fund 211 (Village PBID) to Fund 406 (RDA #2 Capital Projects) in order to reimburse monies formerly advanced for the formation of the Apple Valley Business Improvement District.
That the Town Council establish May 13, 2008 at 6:30 p.m., as the date and time certain for the purpose of conducting the second of two public hearings necessary to develop the Town’s Consolidated Plan – Second-Year Action Plan.
That the Town Council approve the Landscape Maintenance Agreement with Caltrans for the center median and north side parkway of Highway 18, between Bass Hill Road and Dale Evans Parkway, subject to approval as to form by the Town Attorney and as to content by the Town Manager.
8. 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.
Move to open public hearing and take testimony. Close the public hearing. Then:
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 16, 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.
REPORTS, REQUESTS AND COMMUNICATIONS
BUSINESS OF THE COUNCIL
Appropriate the necessary funds and provide direction to staff on the method for noticing the public of the upcoming General Plan Advisory Committee Meetings.
Discuss the Town’s position regarding the Granite Mountain Wind Turbine project and consider adoption of Town Council Resolution No. 2008-16, recommending that the County Planning Commission and Board of Supervisors deny the project.
TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE
DEPARTMENTAL REPORTS AND BUSINESS:
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.