August 16th 2011

 

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CITY COUNCIL AGENDA

 

August 16, 2011

 

CLOSED SESSION – 6:30 P.M.

REGULAR SESSION - 7:00 P.M.

 

ANDERSON CITY HALL 

1887 Howard Street

 

PARTICIPATION BY PUBLIC IN MEETING

 

Please review the Agenda to determine if the subject you wish to discuss is scheduled for Council consideration.  If it is on the Agenda, you will have an opportunity when that matter comes up for discussion to briefly address the Council.

 

If the subject is not on tonight’s Agenda, please complete an Agenda Request Form (on Clerk’s table) and present it to the City Council Clerk.  You will have the opportunity to speak on the subject under Item 5.2. However, if the item is not on the Agenda, each speaker will be limited to one five (5) minute opportunity to speak, unless the City Council makes an exception due to special circumstances.

 

The Brown Act prohibits the Council from taking action on any item not placed on the printed Agenda in most cases. 

 

Effective July 1, 2008, the Brown Act requires any non-confidential documents or writings distributed to a majority of the City Council less than 72 hours before a regular meeting will be made available to members of the public at the same time they are distributed.

 

City Council meetings are televised and can be seen live on Cable Public Access Channel 11 and on tape delay the following morning at 10:00 a.m.

 

In compliance with the Americans with Disabilities Act, the City of Anderson will make available to members of the public any special assistance necessary to participate in this meeting.  The public should contact the City Clerk’s office (378-6646) to make such a request.  Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

 

This is an Equal Opportunity Program.  Discrimination is prohibited by Federal Law.  Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250.

 

CLOSED SESSION – 6:30 P.M.

 

1.0       ROLL CALL – COUNCIL:                                    Councilmember Day

                                                                                    Councilmember Yarbrough                              

                                                                                    Councilmember Hopkins                       

      Vice-Mayor Hunt                                                

      Mayor Comnick

 

Public Comment on Closed Session Item(s):  Anyone in the audience who wants to address the City Council on a subject which is listed under the Closed Session agenda is now invited to come to the podium.  Please provide your name and the subject you wish to discuss.  Please limit your remarks to 5 minutes or less.

 

The City Council will convene to Closed Session.

 

C.S.1.0             CONFERENCE WITH LABOR NEGOTIATOR

(Pursuant to Govt. Code Section 54957.6)

Agency Negotiators:  City Manager Dana Shigley and Rick Haeg,

Nickolaus and Haeg, LLC

A.                  Management and Confidential Employees

B.                  Teamsters Local 137

C.                  Anderson Police Officers Association

 

C.S.1.1             EXISTING LITIGATION

                        (Pursuant to Govt. Code Section 54956.9)

                        Case No. 2:11-CV-01653-JAM-CMK

 

The City Council will recess.

 

REGULAR SESSION – 7:00 p.m.

 

The City Council will reconvene.

 

1.1              CLOSED SESSION ANNOUNCEMENT – Mayor Comnick will announce the outcome of the closed session.

 

2.0       INVOCATION – Elder Doug Deese, Neighborhood Church of Anderson-Cottonwood.

 

3.0              PLEDGE OF ALLEGIANCE – Councilmember Hunt.

 

4.0       INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS – None.

 

5.1       SCHEDULED CITIZEN REQUEST TO ADDRESS THE CITY COUNCIL – Rod Evans, Churn Creek Bottom Homeowner’s Association, will make a short presentation regarding the economic impacts of the Hawkins development project on Anderson’s local economy.

5.2       PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - Anyone in the audience who wants to address the Council on a subject which is not on tonight’s agenda is now invited to come to the podium.  Please provide your name and the subject you wish to discuss.  Please limit your remarks to 5 minutes or less.

 

5.3       STUDENT REPORTS – None.

 

5.4       COUNCIL REPORTS - City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234).

 

6.0       CONSENT AGENDA - Consent Agenda items are expected to be routine and non-controversial.  They will be acted upon by the Council at one time without discussion.  Any member of the public, staff or City Council may request that an item be removed from the Consent Agenda for separate discussion.  Are there any requests to remove any items from the Consent Agenda?

 

6.1              MINUTES - Approve the minutes of the regular meeting of July 19, 2011.

    

6.2       WARRANTS – Receive and file warrant 120270 to 120347 in the amount of $212,199.67; warrant 120348 to 120489 in the amount of $479,743.11; warrant 120490 to 120583 in the amount of 244,304.57; warrant 120585 to 120628 in the amount of $114,926.27; an ACH in the amount of $1,762.40; a Wire Transfer in the amount of $371.16; an ACH in the amount of $1862.40; and a Wire Transfer in the             amount of $371.16.

 

6.3       CITY ATTORNEY – None.

 

6.4       CITY CLERK – Waive reading, except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

 

6.5       CITY MANAGER – None.

 

6.6       FINANCE DIRECTOR/TREASURER – Receive and file the quarterly treasurer’s report for the fiscal quarter ended June 30, 2011.

 

6.7       COMMUNITY SERVICES DEPARTMENT – None.

 

6.8       DEVELOPMENT SERVICES DEPARTMENT – None.

 

6.9       POLICE DEPARTMENT – None.

 

6.10     PUBLIC WORKS DEPARTMENT – None.

 

END OF CONSENT CALENDAR

 

6.11     ITEMS (IF ANY) REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARINGS

 

Any person may speak on items scheduled for hearing at the time the Mayor declares the hearing open.  ALL LEGAL NOTICES HAVE BEEN GIVEN ACCORDING TO LAW.

 

7.0       PUBLIC HEARING – APPEAL OF ADMINISTRATIVE USE PERMIT 11-05 REQUESTING APPROVAL TO ALLOW ONE GOAT, ONE SHEEP AND THREE CHICKENS ON A FIVE (5) ACRE PARCEL LOCATED IN THE LOW DENSITY RESIDENTIAL DISTRICT (R1-10).            ASSESSOR PARCEL NUMBER 202-580, TAX LOT 046.

 

            RECOMMENDED ACTION:

 

1.     Conduct a public hearing regarding the proposed appeal of Administrative Use Permit 11-05.

 

2.     Review the use permit application and appeal materials based on the City of Anderson Municipal Code (AMC) Sections, 6.12.010-030, 17.02.135, 17.08.010, and 17.50.025.

 

3.     Find that the project is exempt under the California Environmental Quality Act (CEQA) § 15301 as an existing facility.

 

4.     Adopt a resolution approving Use Permit 11-05.

 

7.1       PUBLIC HEARING - APPROVAL OF THE ISSUANCE OF TAX-EXEMPT BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY

 

            RECOMMENDED ACTION:

 

1.     Adopt a resolution consenting to the issuance of Multifamily Housing Revenue Bonds by the California Statewide Community Development Authority for the acquisition and rehabilitation of the Shady Lane Apartments.

 

2.     Authorize the City Manager to execute a Payment in Lieu of Tax Agreement for the Shady Lane Apartments.

 

The City Council will recess and the Anderson Redevelopment Agency will convene.

 

ANDERSON REDEVELOPMENT AGENCY

 

ARA.1              ROLL CALL:   Director Day

                                                Director Yarbrough

                                                Director Hunt

                                                Director Hopkins

                                                Chairman Comnick

ARA.2              MINUTES – Approve minutes of the Agency meeting of June 21, 2011.

 

ARA.3              PROFESSIONAL SERVICES AGREEMENT WITH SHASTA COUNTY ECONOMIC DEVELOPMENT CORPORATION

 

                        RECOMMENDED ACTION:

 

Authorize the Executive Director to execute a 2011-2012 funding agreement in the amount of $20,000 with the Shasta County Economic Development Corporation for Enterprise Zone marketing services.

 

The Anderson Redevelopment Agency will adjourn and the City Council will reconvene.

 

REGULAR AGENDA

 

8.0       CITY COUNCIL – None.

 

8.1       CITY ATTORNEY – None.

           

8.2       CITY MANAGER

 

            ADOPTION OF AN ORDINANCE CONSISTENT WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE, AS PROVIDED IN AB 1X 27, IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE REDEVELOPMENT AGENCY OF THE CITY OF ANDERSON IN LIEU OF DISSOLUTION

 

            RECOMMENDED ACTION:

 

Introduce an ordinance (first reading) consistent with the Voluntary Alternative Redevelopment Program providing for the continued existence and operation of the Redevelopment Agency of the City of Anderson and set it for enactment on September 6, 2011 (second reading).

 

8.3       CITY CLERK – None.

           

8.4       FINANCE DEPARTMENT – None.

 

8.5       COMMUNITY SERVICES DEPARTMENT – None.

 

8.6       DEVELOPMENT SERVICES DEPARTMENT

 

ADD CHAPTER 1.22 TO THE ANDERSON MUNICIPAL CODE AND AMEND CHAPTERS 8.28 AND 8.29 AND SECTION 1.20.010 OF THE ANDERSON MUNICIPAL CODE RELATING TO CODE ENFORCEMENT, VIOLATIONS, PENALTIES, ADMINISTRATIVE CITATIONS AND HEARING PROCEDURES

 

            RECOMMENDED ACTION:

 

Introduce an Ordinance (first reading) adding Chapter 1.22 to and revising Chapters 8.28, Chapter 8.29, and Section 1.20.010 of the Anderson Municipal Code and set date for Adoption on September 6, 2011 (second reading).

 

8.7       POLICE DEPARTMENT – None.

 

8.8       PUBLIC WORKS DEPARTMENT

 

8.8a     AUTHORIZATION TO BID THE AUTOMATIC METER READING (AMR) METER REPLACEMENT PHASE III PROJECT

 

            RECOMMENDED ACTION:

 

Adopt a resolution:

 

1.                 Approving the Plans, Specifications, Estimates and Contract Documents prepared by Pace Engineering of Redding, California for the Automatic Meter Reading (AMR) Meter Replacement Phase III Project and making related adjustments to provide cash to finance the project, and

 

2.                 Instructing the Public Works Director to advertise for bids, and

 

3.                 Authorizing the opening of bids at 11:00 a.m. on Thursday, September 23, 2011, in the City Council Chambers at City Hall.

 

8.8b     AUTHORIZATION TO AWARD THE 2011 ANDERSON OVERLAY PROJECT

 

            RECOMMENDED ACTION:

 

            Adopt a resolution:

 

1.                 Awarding the contract for the 2011 Anderson Overlay Project to the lowest responsible bidder, Darren Taylor Construction from Anderson, CA in the amount of One Hundred and Eighty Two Thousand, Six Hundred and Forty Seven Dollars, and Eighteen ($182,647.18) Cents.

 

2.                 Authorizing the City Manager to execute the contract upon receipt of required insurance certificates and payment and performance bonds.

 

3.                 Authorizing the Public Works Director to approve additional project change orders not to exceed 15% of the contract bid amount.

           

 

 

9.0              STAFF REPORTS

 

  1. Assistant City Manager Jeff Kiser will report on the broken tree limb at Anderson River Park and thank the Public Works crew.

 

  1. City Manager Dana Shigley and Assistant City Manager Jeff Kiser will report on the potential impacts of the new SM4 permit requirements.

                       

10.0     ADJOURN - The City Council will adjourn to September 6, 2011.