May 24, 2011

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

May 24, 2011


CLOSED SESSION BEGINS AT 5:00 P.M.

REGULAR SESSION BEGINS AT 6:30 P.M.


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/Redevelopment Agency. 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/Redevelopment Agency, 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/Redevelopment Agency 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.

TOWN COUNCIL/REDEVELOPMENT AGENCY CLOSED SESSION

CALL TO ORDER

ROLL CALL

COUNCILMEMBERS/BOARDMEMBERS:

Coleman_____, Emick_____, Roelle_____, Mayor Pro Tem Stanton_____, Mayor Nassif_____.

(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)

PUBLIC COMMENTS

CLOSED SESSION

1. Closed Session
A. Conference with Legal Counsel – Existing Litigation (Subdivision (a) of Section 54956.9) California Public Utilities Commission Case No.(s) A.11-01-001 and A.11-01-019.

TOWN COUNCIL/REDEVELOPMENT AGENCY REGULAR SESSION

CALL TO ORDER THE REGULAR SESSION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY MEETING – 6:30 p.m.

ROLL CALL

COUNCILMEMBERS/BOARDMEMBERS:

Coleman_____, Emick_____, Roelle_____, Mayor Pro Tem Stanton_____, Mayor Nassif_____.

(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Citizen Survey Results – Kathie Martin

SPECIAL ANNOUNCEMENTS:

PUBLIC COMMENTS

APPLE VALLEY CHAMBER OF COMMERCE – BUSINESS RETENTION UPDATE

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 – Budget Workshop – Tuesday, June 7, 2011, 3:00 p.m. – Council Chambers

B. Regular Meeting – Tuesday, June 14, 2011, 6:30 p.m. – Council Chambers

TOWN COUNCIL/REDEVELOPMENT AGENCY 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 10, 2011

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

3. Claimant – Danny Ray Baxendale

Recommendation:
Reject the claim of Danny Ray Baxendale

4. Sewer Lift Station Upgrades

Recommendation:
Award contract for $135,900 to Pyramid Building and Engineering Inc., subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager, approve and accept the plans and specifications, approve and authorize a budget amendment appropriating an additional $67,000.00 from the unallocated wastewater fund balance and approve a budget amendment.

5. Application to San Bernardino Associated Governments for Local Transportation Funds – Article 8 – Other Purpose Claim

Recommendation:
Authorize the Finance Director to apply for remaining Local Transportation Funds – Article 8 – Other Purpose Claim in the amount of $435,557.

6. Acceptance of Work, Notice of Completion & Release of Retention for Yucca Loma Bridge Clearing & Tree Removal Activities, Project 2011-01.

Recommendation:
1. Accept the work for the clearing and tree removal project for a total cost of $108,500.00.
2. Direct the Town Clerk to file the Notice of Completion for the contract work, notify surety and to exonerate contract bonds.
3. Direct the Finance Director to release retained funds 30-days after the filing of the Notice of Completion, provided no claims are filed against the contractor.

7. Award Contract For The Traffic Signal At Bear Valley Road and Deep Creek Road, Project Number 2010-02

Recommendation:
Award a contract to Competitive Edge Electric, Inc. in the amount of $163,000.00 for the Traffic Signal at Bear Valley Road and Deep Creek Road Project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

8. A Resolution Of The Town Council Of The Town Of Apple Valley In Support Of The Transfer Of Ontario International Airport (ONT) To Local Control

Recommendation:
That the Town Council adopt Resolution No. 2011-17, A Resolution of the Town Council of the Town of Apple Valley in Support of the Transfer of Ontario International Airport (ONT) to Local Control.

9. Acceptance of Work, Notice of Completion and Release of Retention for the Town of Apple Valley Municipal Animal Shelter Project.

Recommendation:
1. Accept the work of the Golden State Flooring the prime contractor for work performed at the Municipal Animal Shelter and release the total retention in the amount of $27,413.80.
2. Direct the Town Clerk to file a Notice of Completion for their contract work, notify surety, exonerate bonds and notify prime contractors escrow account holders to release with held retention funds provide no claims are filed against the contractor or Town.
3. Direct the Finance Director to release retained funds 30 days after the filing of the Notice of Completion, or notify prime contractors escrow account holders to release the withheld retention funds provided no claims are filed against the contractor or Town.

PUBLIC HEARINGS

10. Appeal (No. 2011-003) Of The Planning Commission’s Denial Of Conditional Use Permit No. 2010-02, A Request To Construct And Operate A Subregional Wastewater Reclamation Facility Adjacent To The Existing Otoe Road Sewer Lift Station. The Wastewater Reclamation Plant Will Have An Initial Treatment Capacity Of 1.0 Million Gallons Per Day (MGD) Average Flow And A Phased Build Out Treatment Capacity Of 4.0 MGD.

Recommendation:
Open the public hearing and take public testimony. Close the public hearing.

1. Find that, pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), Section 15270 (a), a project which is denied is Exempt from CEQA.
2. The facts presented within the staff report for the Council hearing of May 24, 2011, including the comments of the public and Planning Commissioners as reflected in the Planning Commission Meetings minutes of April 6, 2011 and May 4, 2011, and including the negative findings contained in Planning Commission Resolution 2011-02, are hereby adopted.
3. Deny Conditional Use Permit No. 2010-02

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

11. Update Of Safety And Security At 3-Diamond Skate Park.

Recommendation:
Receive and File

12. Selection of a Development Entity for Affordable Senior Rental Housing

Recommendation:
That the Town Council and Redevelopment Agency authorize and direct staff to enter into negotiations for the development of an affordable senior rental housing project with Related California, for the purpose of bringing forth a Disposition and Development Agreement (DDA) for review and final approval at the June 28, 2011 Town Council and Redevelopment Agency meeting.

13. Yucca Loma Bridge Contract Amendment #5, in the amount of $256,078.00, for Additional Scope and Extended Serves of the Yucca Loma Bridge Contract Agreement – Final Design and Project Coordination: Yucca Loma Road to Park Road to Expand Final Design Services and Construction Support

Recommendation:
Approve the Yucca Loma Bridge Project Contract Amendment # 5 with Dokken Engineering, the design contractor, in the amount of $256,078.00, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

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