CITY COUNCIL AGENDA
October 20, 2009
CLOSED
SESSION – 6:45 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 – 6:45 p.m.
1. ROLL
CALL – COUNCIL: Councilmember
Yarbrough
Councilmember
Hunt
Councilmember
Webster
Vice-Mayor
Comnick
Mayor
Schaefer
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 and will convene to Closed Session to consider the following:
C.S.1 CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
(Pursuant to Government Code Section
54956.9)
Significant exposure - One Potential
Case
The City Council will reconvene to Open Session.
CLOSED
SESSION ANNOUNCEMENT
Mayor
Schaefer will announce the outcome of the Closed Session items.
REGULAR
SESSION – 7:00 p.m.
2. INVOCATION
– Pastor Al Rountree, Valley Christian Center Church.
3. PLEDGE OF ALLEGIANCE – Councilmember Keith Webster.
4.0 INTRODUCTION – City Manager Dana
Shigley will introduce new Administrative Assistant Brenda Hicken.
5.1 SCHEDULED CITIZEN REQUESTS TO ADDRESS THE CITY COUNCIL
– None.
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
COUNCIL
REPORTS
5.4
STUDENT REPORTS
a.
Anderson New Tech High School student representative Bryan Barnes will
give an update on school activities.
b.
Anderson Union
High School student representative Shannon Westmorland will give an update on school activities.
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 October 6, 2009.
6.2
WARRANTS
– Receive and file warrant 113904 to 113967 in the amount of $157,592.80;
Receive and file warrant 113968 to 114040 in the amount of $171,060.39; Receive
and file an ACH in the amount of $3,081.20; Receive and file a Wire Transfer in
the amount of $95.73.
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 September 30, 2009.
6.7
PARKS AND
RECREATION
–None.
6.8
PLANNING
DEPARTMENT
– None.
6.9
POLICE
DEPARTMENT – None.
6.10
PUBLIC WORKS
DEPARTMENT
– None.
END OF CONSENT
CALENDAR
6.12 ITEMS (IF ANY) REMOVED FROM THE CONSENT
CALENDAR
PUBLIC
HEARING
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 – TO CONSIDER AN
URGENCY ORDINANCE SUPERSEDING AND REPLACING URGENCY ORDINANCE NO. 761 PLACING
A MORATORIUM ON THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES,
COLLECTIVES AND COOPERATIVES WITHIN ALL ZONING DISTRICTS OF THE CITY OF
ANDERSON FOR A PERIOD OF FOUR MONTHS
RECOMMENDED
ACTION:
1.
Conduct a Public
Hearing
2.
Direct the City
Clerk to read the ordinance by title only
3.
Introduce and
enact Urgency Ordinance No. 763 adding Chapter 17.57 to the Anderson Municipal
Code prohibiting the establishment of medical marijuana dispensaries,
collectives and cooperatives. (4/5 vote)
REGULAR AGENDA
8.1
CITY ATTORNEY
AMENDMENT OF DEVELOPMENT AGREEMENT WITH THREE SEASONS
DEVELOPMENT
RECOMMENDED ACTION:
1.
Direct the City
Clerk read the ordinance by title only.
2.
Enact Ordinance
760 (second reading) amending the Development Agreement entered into between
the City of Anderson and Three Seasons Development with regard to the Pleasant
Hills subdivision and authorizing the City Manager to sign the amendment, as
introduced (first reading) on July 7, 2009.
8.2
CITY MANAGER
RECOMMENDED ACTION:
Adopt a Resolution approving the form of
and authorizing the execution and delivery of a purchase and sale agreement and
related documents with respect to the sale of the seller’s Proposition 1A
receivable from the State and directing and authorizing certain other actions
in connection therewith.
8.3
CITY CLERK
– None.
8.4
FINANCE
DEPARTMENT – None.
8.5
PARKS AND
RECREATION DEPARTMENT – None.
8.6
PLANNING
DEPARTMENT – None.
8.7
POLICE
DEPARTMENT – None.
8.8 PUBLIC
WORKS DEPARTMENT
8.8a AWARD OF BID FOR
VINEYARDS ENTRY LANDSCAPING PROJECT
RECOMMENDED
ACTION:
Adopt a
resolution:
1. Awarding the
contract for the Vineyards Entry Landscaping Project to the lowest responsible
bidder, Custom Creations, Inc. of Redding, CA in the amount of $52,624.03.
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.
8.8b NOTICE OF COMPLETION FOR
THE STREET MAINTENANCE PROJECT 2009-2 (FAU – FEDERAL STIMULUS)
RECOMMENDED
ACTION:
Direct the Public Works Director to
prepare and record a Notice of Completion for the Street maintenance Project
2009-2 (FAU – Federal Stimulus) and authorize the Finance Director to make
payment for the project in compliance with the contract documents.
9.0
STAFF
REPORTS
10.0 ADJOURN - The City Council will adjourn to November
3, 2009.