September 27, 2011

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

September 27, 2011

CLOSED SESSION BEGINS AT 5:00 P.M.

REGULAR SESSION BEGINS AT 6:30 P.M.

PLEASE SILENCE CELL PHONES AND PAGERS UPON ENTERING THE CHAMBERS

The meeting will occur in the Council Chambers located at 14955 Dale Evans Parkway in Apple Valley, California.

This is an agenda for the scheduled meeting of the Town Council of the Town of Apple Valley.

This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chambers. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.

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.

Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.

In accordance with the Rules of Procedure members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak. Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.

When called, approach the podium and please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.

Individuals, who demonstrate disruptive conduct during Town Council Meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in Section 2.04.030 of the Town of Apple Valley Municipal Code and are subject to removal from the Chambers or arrest.

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.

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. Personnel Matters – Government Code Section 54957/Public Employee Performance Evaluations. Title: Town Clerk.

B. Conference With Legal Counsel- Anticipated Litigation – Significant Exposure To Litigation Pursuant To Subdivision (b) Of Section 54956.9: 1 Case

C. Conference With Legal Counsel - Existing Litigation (Subdivision (A) Of Section 54956.9) Case No: California Public Utilities Commission Proceeding A.11-07-017

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: Dr. Eldoris Bonner, Faith Ministries

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Healthy Apple Valley Partners – St. Mary’s and Victor Valley Community Support Services (VVCSS), Lena Quinonez, Recreation Supervisor

Proclamation - High Desert Hispanic Chamber of Commerce 20th Anniversary

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 Meeting:

A. Regular Meeting – Tuesday, October 11, 2011, 5:00 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 – September 13, 2011
Recommendation:
Approve the subject minutes as part of the consent agenda.

3.  Award Contract For The Kiowa Road Improvements Phase 1 – Del Oro Road To Bear Valley Road, Project Number 2011-06
Recommendation:
1. Award a contract to Cooley Construction, Inc., in the amount of $546,916.28 for the Kiowa Road Improvements Phase 1 project, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

2. Approve Budget Amendment No. 12-05 to allocate $601,608.00 to this project from the Measure I Fund.

4.  Yucca Loma Bridge Contract Amendment #6, Of The Yucca Loma Bridge Contract Agreement In The Amount Of $847,400.00, For Additional Design And Right Of Way Services, And Construction Support For Town Facilities– Final Design And Project Coordination
Recommendation:
Approve the Yucca Loma Bridge Project Contract Amendment # 6 with Dokken Engineering, the design contractor, in the amount of $847,400.00, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

5.  Acceptance Of Work, Notice Of Completion And Release Of Retention For The 2010-11 Micro Surface Project, Project 2010-04.
Recommendation:
1. Accept the work for the Micro Surface project for a total cost of $955,797.23.

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.

6.  Acceptance Of Work, Notice Of Completion And Release Of Retention For The Drywell Project 2010-11, Project # 2011-01.
Recommendation:
1. Accept the work for the Drywell project for a total cost of $471,805.20.

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.  Professional Services Agreement for the Preparation of the Five-Year Consolidated Plan and Analysis of Impediments to Fair Housing Choice For The Period Covering 2012-2016.
Recommendation:
That The Town Council Approve An Agreement Between The Town Of Apple Valley And Veronica Tam And Associates For The Preparation Of The Consolidated Plan, First Year Action Plan, And The Analysis Of Impediments To Fair Housing In An Amount Not-To-Exceed $49,955.00 And Authorize The Town Manager To Execute The Agreement On Behalf Of The Town.

8.  Initiation Of A Development Code Amendment As It Relates To Animal Keeping Regulations Outlined Within Development Code Table 9.28.030-A “Permitted Uses”.
Recommendation:
Move to receive and file the report and to initiate a Development Code Amendment.

9.  Resolution Of The Redevelopment Agency Of The Town Of Apple Valley Approving And Adopting An Initial Recognized Obligation Payment Schedule Pursuant To Abx1 26.
Recommendation:
That the Town Of Apple Valley Redevelopment Agency adopt RDA Resolution No. 2011-05 approving and adopting a preliminary draft of the initial Recognized Obligation Payment Schedule in compliance with ABx1 26.

10.  Approval Of A Community Remittance Agreement And Adoption Of Accompanying Resolutions.
Recommendation:
1. That the Town Council and Agency Board approve a conditional Community Remittance Agreement pursuant to California Health and Safety Code Section 34194.2

2. That the Town Council adopt Resolution No. 2011-45, a resolution of the Town of Apple Valley conditionally approving a Community Remittance Agreement pursuant to California Health and Safety Code Section 34194.2

3. That the Town Council and Agency Board adopt RDA Resolution No. 2011-07, a resolution of the Apple Valley Redevelopment Agency conditionally approving a Community Remittance Agreement pursuant to California Health and Safety Code Section 34194.2

4. That the Agency Board adopt RDA Resolution No. 2011-08, a resolution of the Apple Valley Redevelopment Agency conditionally reducing its allocation to the Low and Moderate Income Housing Fund for the 2011-12 fiscal year and making certain findings and determinations.

PUBLIC HEARINGS

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

11.  Approve Consulting Agreement For Leadership And Organizational Development Study With Dr. Klyver And The Organizational Network
Recommendation:
Approve consulting agreement with Dr. Nels Klyver and the Organizational Network not to exceed $17,950.00

12.  Update On The Progress Of The Parks And Recreation Master Plan Update And Discussion Of The Proposed Implementation Survey
Recommendation:
Provide direction

13.  Local Preference
Recommendation:
That the Town Council receive and file this staff report regarding local preference and provide direction to staff, as appropriate.

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