September 23, 2008

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

September 23, 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:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS: Recognition – St. Mary’s Hospital

Presentation by Representative of Victor Valley Community College

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, October 14, 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 – September 9, 2008

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Adopt 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

Recommendation:

Adopt Ordinance No. 387.

4. Adoption of Measure I –Capital Improvement Plan

Recommendation:

1. Adopt Resolution No. 2008-52, “A Resolution of the Town Council of the Town of Apple Valley, State of California, Adopting the Measure I Two-Year Capital Improvement Program”; and

2. Revise 08/09 adopted budget to reflect Measure I, 2-year plan.

5. Approve the Refurbishing of Certain Scrap Computers for Donations to Non-Profit Agencies and/or Institutions Within the Town of Apple Valley.Recommendation:

Authorize execution of the attached agreement between the Town and Algot Stephenson, allowing refurbishing of computers submitted to HHW for donation to schools and/or other non-profit agencies within the Town of Apple Valley.

6. Resolution No. 2008-53, a Resolution of the Town Council of the Town of Apple Valley, California, Approving and Authorizing Revisions to the Town of Apple Valley Emergency Operations Plan Dated October 1, 2008

Recommendation:

Move to approve Resolution No. 2008-53, a Resolution of the Town Council of the Town of Apple Valley, California, approving and authorizing revisions to the Town of Apple Valley Emergency Operations Plan dated October 1, 2008.

7. Claimant – Verizon

Recommendation:

Reject the claim of Verizon.

8. Acceptance of Work, Notice of Completion and Release of Retention for Kiowa Road Improvements, Project 2008-06.Recommendation:

1. Accept the work for the roadway improvements on Kiowa Road, from Yucca Loma Road to Sitting Bull Road, for a total cost of $667,479.70.

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.

9. Acceptance of Work, Notice of Completion and Release of Retention for Rincon Road & Rancherias Road, Project 2008-03.Recommendation:

1. Accept the work for the roadway improvements on Rincon Road and Rancherias Road for a total cost of $1,096,950.10.

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.

10. Four-Way Stop at the Intersection of Kiowa Road and Tussing Ranch Road

Recommendation:

Adopt Resolution No. 2008-54, a Resolution of the Town Council of the Town of Apple Valley establishing the intersection of Kiowa Road and Tussing Ranch Road as a four-way STOP intersection.

11. Four-Way Stop at the Intersection of Sitting Bull Road and Iroquois Road

Recommendation:

Adopt Resolution 2008-55, a Resolution of the Town Council of the Town of Apple Valley establishing the intersection of Sitting Bull Road and Iroquois Road as a four-way STOP intersection.

12. Review and Approve Construction Specifications for the Muni Road Guardrail Project, and Authorize Staff to Proceed with Advertisement for this Project.

Recommendation:

Review and approve specifications for the Muni Road Guardrail Project and direct staff to proceed with the project.

13. Release of Securities for Tract Map 17186-1

Recommendation:

Find that the construction of various improvements required for Tract 17186-1 is complete, and approve the 50% reduction of the performance securities.

14. Release of Securities for Tract Map No. 17062-2Recommendation:

Find that the construction of various improvements required for Tract 17062-2 is complete, and approve the 50% reduction of the performance securities.

15. Release of Securities for Tract Map No. 17062-1

Recommendation:

Find that the construction of various improvements required for Tract 17062-1 is complete, and approve the 50% reduction of the performance securities.

16. Fee Waiver Request for the American Cancer Society Relay for Life on May 1 and 2, 2009.

Recommendation:

For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Facility Rental Fee of $3,651.80 and Special Event Permit fee of $49 for the American Cancer Society, totaling $3,700.80. In addition, give staff permission to host Apple Valley Relay for Life meetings 1-2x per month in a conference room that will not impede any Town business.

17. Resolution No. 2008-56 – Supporting Victor Valley Community College District’s Call for a General Obligation Bond Election on November 4, 2008.Recommendation:

Adopt Resolution No. 2008-56 Supporting Victor Valley Community College District’s Call for a General Obligation Bond Election on November 4, 2008.

PUBLIC HEARINGS

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

18. Request to Rename Brewster Park

Recommendation:

Approve the recommendation from the Park and Recreation Commission to rename Brewster Park as “The Apple Valley Sports Complex.”

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