August 25, 2009

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AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

August 25, 2009

The Town Council/Redevelopment Agency 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/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.

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

ROLL CALL:

COUNCILMEMBERS/BOARDMEMBERS:

Allan_____, Coleman_____, Sagona_____, Mayor Pro Tem Nassif_____, Mayor Roelle_____.

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

TOWN COUNCIL/REDEVELOPMENT AGENCY CLOSED SESSION

1. Closed Session

None.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Certificates of Appointment - Development Code Advisory Committee

Certificate of Achievement for Excellence in Financial Reporting – Bill Pattison

SPECIAL ANNOUNCEMENTS:

APPLE VALLEY CHAMBER OF COMMERCE – BUSINESS RETENTION UPDATE

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 8, 2009, 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 11, 2009

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Treasurer’s Report – Month of June 2009

Recommendation:

Receive and file.

4. Payroll/Benefits Warrants Schedule – June 2009

Recommendation:

That the Town Council of the Town of Apple Valley receive, ratify, and file the payroll warrant schedule as presented.

5. Commercial Warrant Schedule – June 2009

Recommendation:

That the Town Council of the Town of Apple Valley receive, ratify, and file the commercial warrants as presented.

6. Acceptance of Work, Notice of Completion and Release of Retention for the Town of Apple Valley Microsurface 2008 Project.

Recommendation:

1. Accept the work for the Microsurface 2008 Project for a total cost of $408,277.35.

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. Acceptance of Work, Notice of Completion and Release of Retention for the Reconstruction of Various Town Roads 2008 - 2009, Project 2008-10.

Recommendation:

1. Accept the work for the Reconstruction of Various Town Roads 2008 – 2009, Project 2008-10 for a total cost of $1,335,774.98.

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.

8. Fee Waiver Request for the Annual Chili Cook Off Held by the Rotary Club of Apple Valley

Recommendation:

For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of Special Event Permit and park rental fees for the Rotary Club of Apple Valley.

PUBLIC HEARINGS

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

9. Approval Of A Site Dedication And Development Agreement Between The Town Of Apple Valley And HDC Group, LLC, For Land Dedication

Recommendation:

That the Town Council and Redevelopment Agency Board of Directors approve and adopt a Site Dedication and Development Agreement between Town and HDC Group, LLC, for land donation purposes; and, authorize the Town Manager, Town Attorney and Town Clerk to execute said agreement.

10. Approval Of A Site Dedication And Development Agreement Between The Town Of Apple Valley And Bear Valley And Apple Valley 103, LLC, For Land Dedication

Recommendation:

That the Town Council and Redevelopment Agency Board of Directors approve and adopt a Site Dedication and Development Agreement between Town and Bear Valley & Apple Valley 103, LLC, for land donation purposes; and, authorize the Town Manager, Town Attorney and Town Clerk to execute said agreement.

11. Approval Of A Professional Services Agreement Between The Town Of Apple Valley And Terra Nova Partners, Inc., For Specific Plan Development And Environmental Compliance Services

Recommendation:

That the Town Council and Redevelopment Agency Board of Directors approve and adopt a Professional Services Agreement between Town and Terra Nova Partners, Inc., for Specific Plan and Environmental Impact Report preparation services in the amount of $418,980; and, authorize the Town Manager, Town Attorney, Town Clerk and Assistant Town Manager for Economic and Community Development to execute said agreement.

12. Approval Of A Professional Services Agreement Between The Town Of Apple Valley And Populous, Inc., For Architectural Services Relating To A Proposed Minor League Baseball Stadium

Recommendation:

That the Town Council and Redevelopment Agency Board of Directors approve and adopt a Professional Services Agreement between the Town and Populous, Inc., for architectural services relating to stadium design in the amount of $1.9 million; and, authorize the Mayor/Chairman to execute said agreement.

13. First Time Home Buyer Tax Credit Second Mortgage Loan Program

Recommendation:

1. That the Town Council adopt Resolution No. 2009-42, 2009-43, making certain findings relative to the First Time Home Buyer’s Tax Credit Second Mortgage Loan Program.

2. That the Agency Board adopt Resolution No. 2009-04, 2009-05, making certain findings relative to the First Time Home Buyer’s Tax Credit Second Mortgage Loan Program and approving low and moderate income housing funds in the amount of $100,000 from Redevelopment Project Area 1 and $100,000 from Redevelopment Project Area 2.

3. That the Agency Board approve a Loan Program and Administration Agreement for the First Time Homebuyers Tax Credit Second Mortgage Loan Program between the Apple Valley Redevelopment Agency and California Housing Programs, LLC, subject to minor changes as may be approved by the Executive Director and legal counsel; and authorize the Executive Director to execute the agreement and any related documents.

14. Independent Cities Finance Authority

Recommendation:

1. That the Town Council Adopt Resolution 2009-44 to approve the Associate membership Agreement by and between the Independent Cities Finance Authority and the Town of Apple Valley.

2. That the Town Council authorize the Town Manager to execute the attached agreements and all relative documents.

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