January 27, 2009

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AGENDA

APPLE VALLEY TOWN COUNCIL

REGULAR MEETING

January 27, 2009

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

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

CLOSED SESSION

1. Closed Session

A. Negotiations with Real Property Negotiator – Parcel Number: 441-33-01 located at the northwest corner of Dale Evans Parkway and Thunderbird, Apple Valley; Negotiating Parties: Quan and Pellissier; Town Negotiator(s)--Town Manager and Assistant Town Managers/Economic and Community Development/Municipal Operations and Contract Services or Designee. Negotiations involve both price and terms.

B. Conference with Legal Counsel – Existing Litigation under Government Code Section 54956.9(a) – Town of Apple Valley vs. High Desert Community Foundation Inc., San Bernardino Superior Court Case No. CIVSS 806940.

C. Conference with Legal Counsel – Anticipated Litigation pursuant to subdivision (b) of the Government Code Section 54956.9 (one or more potential cases).

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Employee of the Quarter - Julie Gilmer, Events Coordinator

1. Certificate of Appointment – Richard Rorex

2. Military Banner Presentation – Kathie Martin, Public Information Officer

3. High Desert Report – Mr. Joseph Brady

4. FY 07-08 Annual Audit Reports- Bill Pattison

5. Marketing Plan of Golf Course

6. Results of Citizen Survey – Kathie Martin, Public Information Officer

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, February 10, 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 – January 13, 2009

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

3. Adopt Ordinance No. 393 - An Amendment To Title 9 "Development Code" Of The Town Of Apple Valley Municipal Code By Amending Title 9 “Development Code” Of The Town Of Apple Valley Municipal Code, By Amending Various Sections Of Chapter 9.77 As They Relate To The Regulations For Wireless Telecommunication Tower And Antennas

Recommendation:
Adopt Ordinance No. 393

4. Treasurer’s Report - Month of October 2008

Recommendation:
Receive and File

5. Ratify the Local Appointment List (Maddy Act) for the Town of Apple Valley Regular and Ongoing Boards, Commissions and Committees

Recommendation:
That the Town Council Approve the Local Appointment List (Maddy Act) as Presented.

6. Accept the Final Map for Parcel Map No. 18360

Recommendation:
Move to accept the Final Map for Parcel Map No. 18360.

7. Release of Securities for Tract Map No. 17093-1

Recommendation:
Find that the construction of various improvements required for Tract 17093-1 is complete, and approve the 50% reduction of the performance securities.

8. Award Contract for the Construction of the Apple Valley Municipal Services Animal Shelter
Recommendation:|
1. Reject the bid protest based on a finding that the bid error may be waived as an immaterial irregularity.
2. Reject all bids for Bid Package 22. Overhead Coiling Doors and Bid Package 32 Kennels and Animal Shelters
3. Award/Reject the bid(s) as indicated on attachments for each bidding category and authorize staff to contract with the contracting firms subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

9. Award Professional Services Contract for Assistance in the Development of the Town of Apple Valley Sewer System Management Plan (SSMP)

Recommendation:
Authorize award of a professional services contract to Charles Abbott Associates, Inc. (CAA), in an amount not to exceed $80,500, for assistance in the development of the Town of Apple Valley Sewer System Management Plan, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

10. Acceptance of Work, Notice of Completion and Release of Retention for Traffic Signal at Navajo Road and Powhatan Road, Project 2008-02

Recommendation:
1. Accept the work for the intersection improvements on Navajo Road at Powhatan Road for a total cost of $163,622.75
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.

11. Accept the Final Map for Parcel Map No. 18893

Recommendation:
Move to accept the Final Map for Parcel Map No. 18893.

12. Resolution 2009-03, A Resolution of the Town Council of the Town of Apple Valley ratifying the Policy for Selection of a Council Member to Serve as Mayor and Mayor Pro-Tempore

Recommendation:
Adopt Resolution No. 2009-03, A Resolution of the Town Council of the Town of Apple Valley, Establishing a Policy for Selection of Mayor and Mayor Pro-Tempore

PUBLIC HEARINGS

LEGISLATIVE MATTERS

13. Vacancy on the Parks and Recreation Commission

Recommendation:
Mayor Pro Tem Nassif to nominate: , to the Town of Apple Valley Parks and Recreation Commission

14. Selection of At-Large Member on the Historical Advisory Committee

Recommendation:
Accept the nomination of _____________________ as the At-Large Member to the Town of Apple Valley Historical Advisory Committee.

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

15. Discussion of Multi-Use Lifeline Trails in Industrial and Commercial Areas

Recommendation:
Direct the Equestrian Advisory Committee to review the proposed modifications to Figure C-6 with the direction to remove the Lifeline trails from the industrial areas of Town. Direct staff to include the EAC recommended Lifeline trail system as part of the General Plan Update.

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

Time: