CITY COUNCIL AGENDA May 6, 2014 - City of Anderson

187 Pages·2014·6.95 MB·English

CITY COUNCIL AGENDA

May 6, 2014

WORKSHOP – 5:30 P.M.
REGULAR SESSION ‐ 6:00 P.M.
CLOSED SESSION FOLLOWING
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 three (3)
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 181
(previously 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 Meeting
May 6, 2014
Page 2

WORKSHOP – 5:30 P.M.

W.S.1 WORKSHOP ‐ TO DISCUSS PROPOSED AMENDMENTS AND ADDITIONS TO THE
ANDERSON MUNICIPAL CODE ESTABLISHING VARIOUS HEALTH AND SAFETY
VIOLATIONS AND ADDING A PROCESS TO PERMIT AND REGULATE SPECIAL EVENTS

RECOMMENDED ACTION:

Conduct a Workshop and have City Manager Jeff Kiser, Police Chief Michael
Johnson, and City Attorney Ann Siprelle review the proposed Ordinance and
answer questions from the Council regarding Social Host and Open containers,
and various other sections of the ordinance; and provide direction to staff.

REGULAR SESSION – 6:00 P.M.

Notice: Charter Cable has notified the City that the Public Access Channel which airs our City
Council meetings is being moved from Channel 11 to Channel 181 effective on or about May 6,
2014. Those residents wishing to view the meeting live or on the next day should note this
change.

1.0 ROLL CALL – COUNCIL: Councilmember Day
Councilmember Yarbrough
Councilmember Hunt
Vice‐Mayor Baugh
Mayor Hopkins

2.0 INVOCATION – Pastor Nick Braito, Anderson‐Cottonwood Neighborhood Church, will
give the invocation.

3.0 PLEDGE OF ALLEGIANCE – Councilmember Day.

4.0 PRESENTATION

Cindy Delanty, Library Systems and Services, will present the Shasta Public Libraries
Annual Report for 2013.

4.1 PROCLAMATIONS

4.1a National Police Week and Officer Memorial Day.

4.1b Veterans Appreciation Month.
City Council Meeting
May 6, 2014
Page 3

5.1 SCHEDULED CITIZEN REQUEST TO ADDRESS THE CITY COUNCIL – Persons who
have, by the deadline set for the agenda, requested to address the Council shall be limited
to one 5‐minute opportunity to speak.

Mr. Amarjit Singh, The Sikh Centre, will give a presentation on the 7th Annual Vaisakhi
Festival & Day for non‐violence scheduled for Saturday, May 10th, 2014.

5.2 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA ‐ Anyone in the audience who
wishes 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 3 minutes or less.

5.3 STUDENT REPORTS – None.

CONSENT AGENDA

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 April 15, 2014.

6.2 WARRANTS – Receive and file warrant 130162 to 130218 in the amount of
$247,809.33; warrant 130219 to 130285 in the amount of $218,779.35; warrant
130286 to 130340 in the amount of $29,434.36; and an ACH in the amount of
$1,190.13.

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 ASSISTANT CITY MANAGER/FINANCE DIRECTOR/TREASURER – Receive and file
the Quarterly Treasurer’s Report for the fiscal quarter ended March 31, 2014.

6.7 COMMUNITY SERVICES DEPARTMENT – None.

6.8 DEVELOPMENT SERVICES DEPARTMENT – None.

6.9 POLICE DEPARTMENT – None.
City Council Meeting
May 6, 2014
Page 4

6.10 PUBLIC WORKS DEPARTMENT – None.

END OF CONSENT CALENDAR

6.11 ITEMS (IF ANY) REMOVED FROM THE CONSENT CALENDAR – Items removed from
the Consent Agenda for discussion will be treated as Regular Agenda items and any
member of the public may request to address the Council on any such item as it comes up
for discussion. Please provide your name and limit your remarks to 3 minutes or less.

PUBLIC HEARINGS

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

7.0 PUBLIC HEARINGS

PUBLIC HEARING ‐ THE CITY OF ANDERSON ANNUAL HOUSING PRODUCTION
REPORT

RECOMMENDED ACTION:

1. Conduct a Public Hearing, and
2. Receive the Annual Housing Production Report.
7.1 PUBLIC HEARING ‐ AMENDMENT TO THE CITY OF ANDERSON ZONING ORDINANCE
ADDING CHAPTER 17.03 REASONABLE ACCOMMODATIONS CONSISTENT WITH THE
ADOPTED GENERAL PLAN HOUSING ELEMENT

RECOMMENDED ACTION:

1. Conduct a public hearing regarding the Zoning Ordinance Revisions;

2. Introduce an Ordinance (First Reading), adding Chapter 17.03 to the
Anderson Municipal Code, and set it for enactment on May 20, 2014 (Second
Reading); and

3. Direct the City Clerk to read the ordinance by title only.
City Council Meeting
May 6, 2014
Page 5

REGULAR AGENDA
8.0 REGULAR AGENDA – Regular Agenda Items will be discussed individually and in order.
Any member of the public may request to address the Council on an item as it comes up
for discussion. Please provide your name and limit your remarks to 3 minutes or less.

8.1 CITY COUNCIL – None.

8.2 CITY ATTORNEY – None.

8.3 CITY MANAGER – None.

VINEYARDS WATER REIMBURSEMENT AGREEMENT – REQUEST TO MODIFY THE
REPAYMENT FORMULA

RECOMMENDED ACTION:

1. Consider the following alternatives and give direction to staff:

A. Modifying the number of lots to include all of the existing finished lots
and decreasing the fee to $3,000 per lot.

B. Removing the annual 5% compounded fee increase, or modify the
percentage of increase to coincide with the common index.

2. Make no changes to the existing agreement.

8.4 CITY CLERK

APPROVE A SUBRECIPIENT AGREEMENT WITH THE CHILD ABUSE PREVENTION
COUNCIL OF SHASTA COUNTY/ANDERSON PARTNERSHIP FOR HEALTHY CHILDREN
FOR THE ADMINISTRATION OF THE ANDERSON TEEN CENTER UNDER GRANT NO.
13‐CDBG‐8966

RECOMMENDED ACTION:

Adopt a resolution approving a Subrecipient Agreement with the Child Abuse
Prevention Council of Shasta County/Anderson Partnership for Health Children
for administering the Youth Services – Anderson Teen Center portion of the
Community Development Block Grant (CDBG) No. 13‐CDBG‐8966 and
authorizing the City Manager to sign the agreement and any amendments
thereto.

8.5 ASSISTANT CITY MANAGER/FINANCE DEPARTMENT ‐ None.

8.6 COMMUNITY SERVICES DEPARTMENT – None.
City Council Meeting
May 6, 2014
Page 6

8.7 DEVELOPMENT SERVICES DEPARTMENT – None.

8.7a APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR THE ANDERSON RIVER
PARK MASTER PLAN UPDATE AND AMEND PARKS CAPITAL IMPROVEMENT FUND
110 BUDGET LINE ITEM FOR THE MASTER PLAN UPDATE

RECOMMENDED ACTION:

1. Approve a professional services agreement with Foothill Associates of
Rocklin, California in an amount of $49,900 to update the Anderson River
Park Master Plan and authorize the City Manager to sign the agreement and
any amendments thereto; and

2. Adopt a resolution authorizing the Finance Director to amend the 2013/2014
budget.

8.7b DISCUSS DATA COLLECTED DURING THE COMMUNITY VISIONING PROCESS
AND REVIEW THE PROPOSED MISSION STATEMENT AND VALUE STATEMENTS

RECOMMENDED ACTION:

Discuss information provided from the data collected during the Community
Visioning Process and review the draft Mission Statement and Value Statements.

8.8 POLICE DEPARTMENT

ANDERSON POLICE DEPARTMENT 2013 YEAR‐END REPORT: ANNUAL REPORT OF
CRIME STATISTICS FOR 2013

RECOMMENDED ACTION:

Accept and file the Annual Report of Crime Statistics for 2013.

8.9 PUBLIC WORKS DEPARTMENT

APPROVAL OF THE PARCEL MAP 14‐02 FOR SKYVIEW PLAZA.

RECOMMENDED ACTION:

Adopt a Resolution Approving the Final Parcel Map PM14‐02 for Skyview Plaza
and accepting the dedication of offered five foot (5’) wide public service
easement based on Planning Commission Resolution 14‐02 approval of the
Tentative Parcel Map.
City Council Meeting
May 6, 2014
Page 7

10.0 SUCCESSOR AGENCY – (The City Council will, as the Successor Agency, conduct business
related to the now dissolved Anderson Redevelopment Agency.) – None.

11.0 STAFF REPORTS – None.

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

CLOSED SESSION

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 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Pursuant to Govt. Code Section 54956.9(d)(2))
Significant exposure to litigation.
Potential Cases: Two

C.S.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Continued from 4/01/2014
(Pursuant to Gov’t. Code Section 54957)
Title: City Manager (Regular annual evaluation)

The City Council will reconvene to Open Session.

13.0 CLOSED SESSION ANNOUNCEMENT: The Mayor will announce the results of the
Closed Session.

14.0 ADJOURN ‐ The City Council will adjourn to May 20, 2014.
AGENDA ITEM
May 6, 2014 City Council Meeting
To: Honorable Mayor and Members of the Anderson City CounG·
Through: Jeff Kiser, City Manager
From: Michael L. Johnson, Chief of Police
Date: May6, 2014
jsUBJECT
Workshop - To Discuss Proposed Amendments and Additions to the Anderson
Municipal Code Establishing Various Health and Safety Violations and Adding a
Process to Permit and Regulate Special Events
I RECOMMENDATION
The Chief of Police recommends:
Conduct a Workshop and have City Manager Jeff Kiser, Police Chief Michael Johnson,
and City Attorney Ann Siprelle review the proposed Ordinance and answer questions
from the Council regarding Social Host and Open containers, and various other
sections of the ordinance.
I
FISCAL IMP ACT
There will be no immediate fiscal impact associated with the adoption of the new and
amended Anderson Municipal Code sections, however the bail/schedule fee for violations
of the associated sections will soon be introduced to Council for consideration. Upon
implementing the desired bail schedule fees the fiscal impact will likely result in a slight
increase to general fund revenues.
ITEMWS.1 PAGE1 5/6/2014
I
DISCUSSION and BACKGROUND
On April 1, 2014, the City Council introduced an ordinance to amend the Anderson
Municipal Code for several Police related articles. The ordinance was set for a second
reading at the meeting of April 15, 2014, at which time several questions from the City
Council came up that had not previously been answered. The Council did not take action
on this item but rather requested staff to conduct a workshop in order to answer the
Council's questions and so that the Council could be better informed prior to making
significant changes in local laws that will affect the citizens.
The reasons for implementing the proposed changes to the municipal code that were
previously presented to the Council are repeated below for your reference:
'Jl steady rise in nuisance related calls for service, such as sleeping and camping in public,
loud parties, underage drinking at private parties, panhandling, and loitering in parking lots,
have prompted the police department to assess its resources and legal foundation to address
these community issues. The blight incurred by some of these types of issues is negatively
impacting our City. In response the Police Department is seeking proactive means to
appropriately combat the negative impacts. The addition of specific Anderson Municipal
Code sections gives the code enforcement officer, community service officers, and sworn
officers additional tools to effectively achieve the cooperation of the violator.
In addition, the existing Municipal Code has no process for regulating large outdoor block
parties, concerts, festivals, public assemblies and other public events that may require
additional City staff time to provide security, assistance with set-up, clean-up, etc. The
proposed ordinance amends Chapter 10.60 to establish a process for permitting and
regulating such events.
The proposed Anderson Municipal Code sections and the amended sections
language/definition additions are meant to be applied with tact and common sense. As
recognized in federal and state law, the "spirit of the law" vs. the "letter of the law" are
applicable means of enforcement dependent on the unique set of circumstances at hand. The
Anderson Police Department and City of Anderson will continue to seek cooperation through
communication, education, and partnerships where appropriate. The Anderson Municipal
Code is used as a necessary tool to preserve order and support the community's and City
Council's vision for the City.
Upon adoption of the sections and eventual implementation of the bail schedule fee the City of
Anderson Police Officers and other authorized staff will have the ability to issue code
enforcement citations and leverage financial penalties for violations of these ordinances."
Tonight I am recommending the CCmuncil conduct a workshop to allow the Police Chief, City
Manager, and City Attorney to answer any questions they may have regarding the proposed
change and give direction to staff as to how they should proceed in this matter.
IA TTACHMENT
None.
ITEMWS.t PAGE2 5/6/2014
On or before May 6, 2014, Charter will be moving the Educational and Government channels to a new 
location as follows: 
                          Current       New  
  Channel                 Location    Location 

  Government Access              8       180 
  PEG Access – City of Anderson             11       181 
  Educational Access                26       182