June 9, 2009

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NOTICE AND CALL OF THE

TOWN OF APPLE VALLEY TOWN COUNCIL

SPECIAL MEETING – June 9, 2009
(Regular Meeting Agenda Immediately following Special Agenda Notice)

NOTICE IS HEREBY GIVEN as provided by Section 54956 of the Government Code of the State of California that the Mayor has called a Special Meeting for the purposes listed below.

This Special Meeting is to be held on June 9, 2009, at 4:00 p.m., in the Council Chambers at 14955 Dale Evans Parkway, Apple Valley, California.

SPECIAL AGENDA

PUBLIC PARTICIPATION IS INVITED. If you wish to be heard on any item on the agenda during Council’s consideration of that item or earlier if determined by Council, please so indicate by filling out a "REQUEST TO SPEAK" form at the Council meeting. Place the request in the Speaker Request Box on the table near the Town Clerk or hand to the Town Clerk at the Town Council meeting. (G.C. 54954.3 {a}).

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.

CALL TO ORDER:

ROLL CALL: Council Members Allan _____, Coleman_____, Sagona _____, Mayor Pro Tem Nassif _____, Mayor Roelle_____.

PUBLIC HEARING

1. General Plan Amendment No. 2008-001 (General Plan Update), Annexation No. 2008-001 and Annexation No. 2008-002

Recommendation

Reopen the public hearing and take testimony. Continue the public hearing to the Town Council’s regular meeting of June 23, 2009.

REGULAR AGENDA

APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.

June 9, 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 MEETING – 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

A. Conference with Legal Counsel – Anticipated Litigation pursuant to subdivision (b) of the Government Code Section 54956.9 (one potential case).

B. Negotiations with Real Property Negotiator – Property located at 15200 Rancherias Road, Apple Valley; Negotiating Parties: Ned Curtis; Town Negotiator(s): Town Manager or Finance Director or Designee. Negotiations involve both price and terms of payment.

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Recognition Award – Mr. Austin Gehkre

Victor Valley Wastewater Reclamation – Mr. Logan Olds

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, June 23, 2009, 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. Special Meeting – May 21, 2009

B. Regular Meeting – May 26, 2009

Recommendation:

Approve the subject minutes as part of the consent agenda.

3. A Resolution Of The Town Council Of The Town Of Apple Valley, California, Amending Resolution 2008-20 Approving A Budget Appropriation And Adopting The Budget, Including The Operating And Capital Improvement Budget For Fiscal Year 2009-10

Recommendation:

Adopt Resolution No. 2009-19, approving a budget appropriation and adopting the budget, including the Operating and Capital Improvement Budget for Fiscal Year 2009-10.

4. Redevelopment Agency Resolution No. 2009-01, Approving A Budget Appropriation And Adopting The Agency Budget For Fiscal Year 2009-10.

Recommendation:

Adopt RDA Resolution No. 2009-01, Approving a Budget Appropriation and Adopting the Agency Budget for Fiscal Year 2009-10.

5. Redevelopment Agency Resolution No. 2009-02, Authorizing The Use Of Low/Moderate Funds For Administrative Costs.

Recommendation:

Adopt RDA Resolution No. 2009-02, determining that the Planning and Administration Expenses budgeted for Fiscal Year 2009-10 in the Housing Funds are necessary for the production, improvement and/or preservation of affordable housing for the Low and Moderate Income Households.

6. Investment Policy

Recommendation:

Adopt Resolution No. 2009-20 establishing the Town of Apple Valley Investment Policy for fiscal year 2009-2010.

7. Resolution Establishing The 2009-10 Fiscal Year Appropriation Limit

Recommendation:

Adopt Resolution 2009-21, Establishing the 2009-10 Fiscal Year Appropriation Limit for the Town of Apple Valley.

8. Release of Securities for Tract Map 14514-1

Recommendation:

Find that the construction of various improvements required for Tract Map 14514-1 are complete, and approve the 50% reduction of the performance securities.

9. Acceptance of Work, Notice of Completion and Release of Retention for the Safe Routes to School Symeron Road Improvements Project 2008-04

Recommendation:

1. Accept the work for the roadway improvements on Symeron Road from Apple Valley Road to Tuscola Road for a total cost of $574,655.46.

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. Rescind Previous Contract Award For The Demolition Of 15431 Broken Bow Road, Apple Valley And Award A New Contract For The Demolition Of The Property Located At 15431 Broken Bow Road, Apple Valley.

Recommendation:

1. Rescind the contract previously awarded to HFG Excavation

2. Reject all previous bids

3. Award bid to the lowest responsible, responsive bidder, subject to "Approval as to Form" by the Town Attorney and "Approval as to Content" by the Town Manager.

11. Award of Contract for Painting to A.J. Fistes for Town Hall Annex

Recommendation:

1. Reject Saunders & McMillin ‘s bid protest as without merit,

2. Waive A.J. Fistes failure to acknowledge the Addenda 2 and 3 as an immaterial and waivable deviation,

3. Award the contract to the lowest responsive bidder, A.J. Fistes

12. Award Contract for Materials Testing to MTGL for Town Hall Annex

Recommendation:

Award contract to MTGL in the amount not to exceed forty-three thousand sixty dollars ($43,060.00).

13. Application To San Bernardino Associated Governments For Local Transportation Funds – Article 8 – Other Purpose Claim

Recommendation:

Authorize the Assistant Town Manager of Finance and Administration to apply for remaining Local Transportation Funds – Article 8 – Other Purpose Claim in the amount of $831,107.

PUBLIC HEARINGS

LEGISLATIVE MATTERS

REPORTS, REQUESTS AND COMMUNICATIONS

BUSINESS OF THE COUNCIL

14. Property Acquisition Policies and Procedures

Recommendation:

Informational item only.

15. Discussion on Options Related to Future Governance and Operations of the Apple Valley Fire Protection District

Recommendation:

Discuss options presented and provide direction to Staff.

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: