April 13, 2010

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AGENDA


APPLE VALLEY TOWN COUNCIL/

REDEVELOPMENT AGENCY

REGULAR MEETING

6:30 P.M.


April 13, 2010

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:

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

(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).

OPENING CEREMONIES

INVOCATION:

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

Proclamation – Wounded Warrior Project Day – Msgt Ronald Linna

Employee of the Quarter – Omar Dominguez, Custodian

SPECIAL ANNOUNCEMENTS:

PUBLIC COMMENTS:

APPLE VALLEY VILLAGE PROPERTY BASED IMPROVEMENT DISTRICT UPDATE

HISPANIC CHAMBER 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 or Special Meeting:

A. Regular Meeting – Tuesday, April 27, 2010, 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. Regular Meeting – March 23, 2010
Recommendation:

Approve the subject minutes as part of the consent agenda.

3. Treasurer’s Report – February

Recommendation:

Receive and file.

4. Commercial Warrant Schedule – February
Recommendation:

Receive, ratify, and file the payroll warrant schedule as presented.

5. Payroll/Benefits Warrants Schedule– February

Recommendation:

Receive, ratify, and file the payroll warrant schedule as presented.

6. Acceptance of Work, Notice of Completion and Release of Retention for Navajo Road Improvements, Project 2008-02.

Recommendation:

1. Accept the work for the roadway improvements on Navajo Road from Highway 18 to Waalew Road for a total cost of $2,640,858.35.

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 Corwin Road Improvements, Project 2009-04.

Recommendation:

1. Accept the work for the roadway improvements on Corwin Road from Highway 18 to Waalew Road for a total cost of $3,247,761.66.

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. Authorize Professional Design Consulting Service Contract For Design Of Renewable Energy Photovoltaic System At Town Hall.
Recommendation:

Authorize the Town Manager to execute a contract with Engineering Partners, Inc.. for an amount not to exceed $43,270 for the referenced project, “approved as to form” by the Town Attorney and “approved as to content” by the Town Manager.


9. Approve and Ratify Expenditures for January 17, 2010 – February 6, 2010 Storm Clean-Up Activities

Recommendation:

Approve and ratify expenditures associated with the Town’s response to emergency storm clean-up activity expenses of $205,634.


10. Establishing Date and Time Certain for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Public Hearing No. 2 (Consolidated Plan – Fourth-Year Action Plan)Recommendation:

That the Town Council establish May 11, 2010 at 6:30 p.m., as the date and time certain for the purpose of conducting the second of two public hearings necessary to develop the Town’s Consolidated Plan– Fourth-Year Action Plan.

 

11. A Professional Services Contract for the Preparation of the BMX Bike Park Design Documents and Cost Comparison Study
Recommendation:

1. Award the professional services contract in the not to exceed amount of $24,980.00 to Action Sport Development, LLC., for professional services for the preparation of construction documents and cost comparisons for the BMX Bike Park Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager; and

2. These expenditures are currently unbudgeted and staff requests an additional appropriation be made to Account Code 2510-6820-8940; or

3. Provide further direction.


12. Appointment of a Town Representative to the Police Activities League (PAL) Board of Directors

Recommendation:

Approve the appointment of Dennis L. Cron, Assistant Town Manager - Municipal Operations and Contract Services, to the PAL Board of Directors.


PUBLIC HEARINGS


13. Introduce Ordinance No. 405 for Development Code Amendment 2009-005: A Request To Consider Comprehensive Amendments To The Development Code To Address Changes Required To Assure The Consistency Of The Development Code With The General Plan Adopted In 2009.

Introduce Ordinance No. 406 for Zone Change 2009-003: A Request To Consider Changes To The Zoning Map To Assure Consistency With The General Plan Map Adopted In 2009.

Recommendation:

Move to open the public hearing and take testimony. Close the public hearing. Then:

1. Move to waive the reading of Ordinance No. 405 and Ordinance No. 406 in their entirety and read by title only.

2. Introduce Ordinance No. 405 approving Development Code Amendment 2009-005, consisting of comprehensive amendments to the Development Code; and

3. Introduce Ordinance No. 406 approving Zone Change No. 2005-008, amending the Zoning Map consistent with the adopted General Plan land use map, and amending the Zoning Map for Assessor’s Parcel Numbers: 441-141-10, -12, -16, -17, -18, -19, -20, -21, -24, -25, -26, -27, -28, -29, -30, -35, -36, -37, -38, -39, -40, -41, -42, -43, -44, -45, -46, -47, -55, -56, -57, -58, and -59 to R-EQ.

4. Direct staff to correct any remaining errors and distribute the adopted Development Code.


LEGISLATIVE MATTERS


REPORTS, REQUESTS AND COMMUNICATIONS

 

BUSINESS OF THE COUNCIL


14. High Desert Hispanic Chamber Of Commerce Agreement For Business Retention Services

Recommendation:

That The Town Council approve and adopt the Agreement with the High Desert Hispanic Chamber Of Commerce for business retention and technical assistance services.


15. Discussion and Recommendation Regarding the Continued Course of Action for the Apple Valley Country Club
Recommendation of the AVCC Task Force:

That the Town Council move forward with the purchase of the Apple Valley Country Club/Golf Course, receive the Task Force Committee’s report and provide direction to staff, if necessary.

OR

Recommendation of Councilman Roelle

That the Town Council vote to either proceed or terminate the purchase of the Apple Valley Country Club without cause in its sole discretion, and that the club be transferred back to the Board of Directors immediately and provide direction to staff, if necessary.



16. Award Contract for the Construction of a New Irrigation Well for the Apple Valley Country Club Golf Course
Recommendation:

Award bid for construction of a new irrigation well at Apple Valley Country Club Golf Course and authorize the Town Manager to sign a contract for the work with Southwest Pump & Drilling Inc., subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.


17. January 17, 2010 – February 6, 2010 Severe Storm Event Update
Recommendation:

That the Mayor and Town Council receive and file this staff report.


18. Assistant Town Manager, Finance and Administration
Recommendation:

That the Town Council provide direction to staff regarding how to proceed with the Assistant Town Manager Finance and Administration position.

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