CITY COUNCIL AGENDA

December 16, 2008

JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP – 6:00 P.M.
REGULAR SESSION – 7:00 P.M.
CLOSED SESSION - FOLLOWING

ANDERSON CITY HALL 
1887 Howard Street

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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.

CITY COUNCIL/PLANNING COMMISSION JOINT WORKSHOP 6:00 p.m.


1.        ROLL CALL – COUNCIL:                     Councilmember Yarbrough
                                                                              Councilmember Hunt                               
                                                                              Councilmember Webster              
                                                                              Vice-Mayor Comnick                               
                                                                              Mayor Schaefer
           
ROLL CALL – PLANNING COMMISSION     Commissioner Barnett
                                                                                 Commissioner Northrup
                                                                                 Vice-Chairman Walton
                                                                                  Chairman Haggard
           
WORKSHOP

W.S. 1  JOINT WORKSHOP – DOWNTOWN MIXED USE ZONING ORDINANCE
           

RECOMMENDED ACTION:

Conduct a joint workshop with the regular meeting of the City Council and adjourned regular meeting of the Planning Commission to discuss the proposed Mixed Use Zoning Ordinance.

REGULAR SESSION – 7:00 p.m.


2.         INVOCATION – City Attorney Mike Fitzpatrick.

3.         PLEDGE OF ALLEGIANCE – Vice-Mayor Norma Comnick.

4.0       INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS – None.

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       ANDERSON NEW TECH STUDENT MONTHLY REPORT – Zach Enmark 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 December 2, 2008.

6.2       WARRANTS – Receive and file warrant 110621 to 110673 in the amount of $26,892.89; warrant 110674 to 110762 in the amount of $362,709.14; a Wire Transfer in the amount of $3,156.05; and a Wire Transfer in the amount of $211.93.

6.3       CITY CLERK 

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

b.         Receive and file the Year 2009 appointments list.


6.4       CITY MANAGER  - Adopt a resolution establishing 2009 City holidays and City Hall closure hours.

6.5       CITY ATTORNEY Enact Ordinance No. 756 (second reading), to enable the City to assume “enforcement authority” over all mobile home parks within the City of Anderson, as introduced (first reading) on November 18, 2008.

6.6       ASSISTANT CITY MANAGER  - None.

6.7       FINANCE DIRECTOR/TREASURERAccept the annual report on development impact fees.

6.8       PARKS AND RECREATION –  None.

6.9       PLANNING DEPARTMENT – None.

6.10       POLICE DEPARTMENT – None.

6.11       PUBLIC WORKS DEPARTMENTAdopt a resolution authorizing Shasta County to submit a Local Government Waste Tire Amnesty Grant for the City of Anderson, Shasta County and City of Shasta Lake.

END OF CONSENT CALENDAR

6.12     ITEMS (IF ANY) REMOVED FROM THE CONSENT CALENDAR

7.0       PUBLIC HEARINGS – None.

REGULAR AGENDA

8.1       CITY ATTORNEY – None.

8.2       CITY MANAGER

8.2a     SOLID WASTE COLLECTION AND DISPOSAL, RECYCLING AND GREEN WASTE FRANCHISE AMENDMENT

RECOMMENDED ACTION:
Adopt a resolution approving a franchise amendment with USA Waste of California, Inc., a subsidiary of Waste Management, Inc., with an extended franchise term of January 1, 2009, through June 30, 2015.

8.3       CITY CLERK – None.

8.4       ASSISTANT CITY MANAGER

AWARD OF BID FOR THE HISTORIC FIRE STATION FAÇADE IMPROVEMENTS AND SITE WORK
           
RECOMMENDED ACTION:

1. Award the contract for the project to Cerami and Browning Construction, with a base bid of $154,596, and a total bid of $172,425, including added alternatives.

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

3. Authorize the Executive Director of the Redevelopment Agency to approve project change orders not to exceed 20% of the contract bid amount.
           
8.5       FINANCE DEPARTMENT – None.

8.6       PARKS AND RECREATION DEPARTMENT 

AWARD BID FOR THE ANDERSON RIVER PARK AMPHITHEATER RENOVATION


RECOMMENDED ACTION:

1. Award the contract to the lowest responsible bidder for the Anderson River Park Amphitheater Renovation Project as determined at the bid opening for the amount of their bid.

2. Authorize the City Manger to execute the contract up on receipt of the required insurance certificates, payment bond and performance bond.

3. Authorize the Parks and Recreation Director to approve change orders not to exceed 20% of the bid amount.

8.7       PLANNING DEPARTMENT

RESOLUTION OF APPRECIATION FOR OUTGOING PLANNING COMMISSIONER LINDA AUSTIN

RECOMMENDED ACTION:
Adopt a resolution of appreciation for outgoing Planning Commissioner Linda Austin.

8.8       POLICE DEPARTMENT – None.

8.9       PUBLIC WORKS DEPARTMENT

CONSIDERATION OF STRIPING MODIFICATIONS AND INSTALLATION OF SIGNS APPROACHING THE ANDERSON COTTONWOOD IRRIGATION DISTRICT (A.C.I.D.) ARCH FLUME ON BRUCE STREET AND NEW STOP CONTROL AT EMILY DRIVE

RECOMMENDED ACTION:

Adopt a resolution approving traffic control modifications and increasing 2008-2009 Gas Tax Fund appropriations by $11,500.

9.0       STAFF REPORTS

CLOSED SESSION


Public Comment on Closed Session Item(s)
Anyone in the audience who wants to address the Council or the Anderson Redevelopment Agency Board 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 to consider the following.

C.S.1    CONFERENCE WITH LEGAL COUNSEL ON EXISTING LITIGATION 
(Pursuant to Govt. Code Section 54956.9(a))
Sabra Brooks and Ryder Bye vs. City of Anderson,
Shasta County Superior Court Case No. 163361

C.S.2    CONFERENCE WITH LEGAL COUNSEL ON EXISTING LITIGATION 
(Pursuant to Govt. Code Section 54956.9(a))
Kenneth Pinkston vs. state of California, et. al.
Shasta County Superior Court Case No. 160874

C.S.3    CONFERENCE WITH LEGAL COUNSEL ON POTENTIAL LITIGATION 
(Pursuant to Govt. Code Section 54956.9(c))
Two potential cases –  Northwest Homes and Palmer Homes

C.S.4    CONFERENCE WITH LEGAL COUNSEL – WORKERS COMPENSATION CLAIM
(Pursuant to Govt. Code Section 54956.95)
Claim No. 2007069854
Claimant: Lavonne Ochoa

C.S.5    CONFERENCE WITH LEGAL COUNSEL – LIABILITY CLAIMS
(Pursuant to Govt. Code Section 54956.95)
Claim No. 2008074203
Claimants:        Janice and Michael Hubbard, Diane and Bob Madgic, Bill and Tae Warren, Deborah and John Watkins, Edward Swetkovich, Jr., and Andrea Suel.
Agency claimed against:  City of Anderson

C.S.6    CONFERENCE WITH LEGAL COUNSEL – LIABILITY CLAIM
(Pursuant to Govt. Code Section 54956.95)
Claim No.        2008077855
Claimant:         Lori Jack
Agency claimed against:  City of Anderson

C.S.7    CONFERENCE WITH LEGAL COUNSEL – LIABILITY CLAIMS
(Pursuant to Govt. Code Section 54956.95)
Claim No.        2008075176
Claimant:         Michael Jayne & Sprint PCS
Agency claimed against:  City of Anderson

10.0     CLOSED SESSION ANNOUNCEMENT – The Mayor will announce the outcome of the closed session. 11.0    

ADJOURN
– The City Council will adjourn to Tuesday, January 6, 2009.

REMINDERS

Jan. 1               New Years Holiday – City Hall closed
Jan. 6               Regular City Council Meeting                                                                    7:00 p.m.
Jan. 12             Planning Commission meeting                                                                   7:00 p.m.
Jan. 19             Martin Luther King Day – City Hall closed
Jan. 20             Regular City Council Meeting                                                                    7:00 p.m.
 
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