posted 09-24-2009 11:19 AM            

Existing Litigation – Conference with Legal Council pursuant to Government Code section 54956.9(a) 1 existing case.
1. City of Grass Valley v. Doris Mitchell, as Executrix of the Estate of Edna T. Ruck, deceased; and 1-40 DOES inclusive

2. Grass Valley Redevelopment Agency
Conference with real property negotiators: Agency Negotiators:
Daniel C. Holler and Joe Heckel pursuant to Government Code Section 54956.8
Property: 248 Mill Street, Grass Valley
Under Negotiation: Price and Terms
Owners Name: The Pioneer Trust
No reportable action taken

REGULAR MEETING OF THE GRASS VALLEY CITY COUNCIL,
CAPITAL IMPROVEMENTS AUTHORITY AND REDEVELOPMENT AGENCY
7:00 P. M., TUESDAY, SEPTEMBER 22, 2009
COUNCIL CHAMBERS
GRASS VALLEY CITY HALL (LOWER LEVEL)
125 EAST MAIN STREET, GRASS VALLEY, CALIFORNIA
Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: info@cityofgrassvalley.com Web Site: www.cityofgrassvalley.com
City Council and /or the Grass Valley Redevelopment Agency welcomes you to its meetings, which are scheduled at 7 p.m. on the 2nd and 4th Tuesdays of each month. Your interest is encouraged and appreciated. This meeting is being broadcast “live” on Comcast Channel 17 and This meeting is being recorded by NCTV and is scheduled for rebroadcast on NCTV Channel 17. Please consult NCTV program listings as to the schedule at www.nevadacountytv.org This meeting is also recorded on audio tape. Council Chambers are wheelchair accessible and listening devices are available. Other special accommodations may be requested to the City Clerk 72 hours in advance of the meeting. Action may be taken on any agenda item. Please turn off all cell phones or similar devices. Agenda materials are available at City Hall, the Grass Valley Public Library or on the City’s web site by clicking on each item’s icon. Staff reports and background information related to regular agenda items are available at City of Grass Valley City Hall, 125 East Main Street, Grass Valley, California at the office of the City Clerk.
AGENDA
A. CALL TO ORDER: 7:00 PM
PLEDGE OF ALLEGIANCE: Dee Mautino
ROLL CALL: Vice Mayor Arbuckle, Council Member Cookson, Council Member Miller, Council Member Poston, and Mayor Swarthout were all present.

B. AGENDA APPROVAL
Approved with no changes

C. INTRODUCTIONS AND PRESENTATIONS

1. Presentation of Proclamation naming October, 2009 as National Domestic Violence
Awareness Month
RECOMMENDATION: None required
The Mayor presented the Proclamation to the Executive Director Niko Johnson.

2. Introduction/Presentation – Life Saving Commendations for action taken at Lyman Gilmore Middle School Campus
RECOMMENDATION: Present Life Saving Commendations
Police Chief John Foster came forward to present this Item to Council and the Mayor and the Chief presented the Commendations.

D. PUBLIC COMMENT
Steve Enos, Grass Valley Resident, came forward on behalf of “Grass Valley Neighbors” regarding a gathering planned for Saturday at 5:00PM at the Former Weaver Automotive site, for the hand watering of the vegetation that is dying at the site. Former Mayor Dee Mautino came forward and stated that she agrees with Mr. Enos regarding the vegetation at the site. She then spoke regarding Mautino Park and the thistle weeds coming up and the clean up and beautification the park needs.
Maryanne Mueller, Grass Valley Chamber of Commerce came forward and spoke about the chambers in California working together and tourism during these economic times. Howard Levine, Executive Director of the Grass Valley Downtown Association came forward to talk about the October 11th softball challenge to be held at Memorial Park at 4:00 pm between Nevada City and Grass Valley and the Center for the Arts open house that also will be held that afternoon. He also presented the City with a check for $4,500 from the Grass Valley Downtown Association for costs incurred by the Police Department during the Thursday Night Markets.

E. BRIEF REPORTS BY COUNCIL MEMBERS
Council Member Cookson spoke about her tour of the McCourtney Road Transfer Station and her attendance at the League of Cities San Jose Conference. Council Member Miller spoke about his trip to Southern California, March Air Force Base, the City of Fontana and the redevelopment they are doing there. Vice Mayor Arbuckle spoke about attending the League of Cities San Jose Conference. Mayor Swarthout spoke about attending the League of Cities San Jose Conference and that the League is working on a proposition to make it illegal for the state to take money from City Governments to balance their budget and meetings for tourism.

F. CONSENT ITEMS (roll call vote)
Council Member Miller moved to approve the Consent Agenda; Seconded by
Council Member Poston. The Mayor noted that she is abstaining from the vote on
consent Agenda item number 6 due to a conflict of interest. Approved by a 5-0 roll
call vote with the exception of item number 6 which was approved by a 4-0-1 roll call
vote.

3. Approval of Action Minutes of the Regular Meeting of September 8, 2009
RECOMMENDATION: Approve Minutes as submitted.

4. Warrant Registers
RECOMMENDATION: Approve warrant disbursements in the amount of $949,482.12 for the period August 29, 2009 through September 11, 2009.

5. Investment Reports for June 2009
RECOMMENDATION: Approve Monthly Statement of Investments for June 2009

6. Morgan Abandonment of the Formation of the Morgan Ranch West Benefit Assessment District No. 2008-1
RECOMMENDATION: That Council adopt Resolution No. 2009-81 abandoning the proceedings for the proposed formation of the Morgan Ranch West Benefit Assessment District No. 2008-1

7. Accept Public Improvements on Pleasant Street per Grading Permit 07-06
RECOMMENDATION: That Council: 1) accept the public improvements on Pleasant Street completed as part of the conditions of approval for Tentative Map 07 PLN-07; and, 2) authorize the release of the erosion control security after the submittal and acceptance of the one-year maintenance bond.

8. Wastewater Treatment Plant Denitrification and UV Disinfection Project Acceptance
RECOMMENDATION: That Council: 1) accept the Wastewater Treatment Plant Denitrification and UV Disinfection Project as complete; 2) authorize release of retention; and, 3) authorize the Public Works Director/City Engineer to file a Notice of Completion with the County Recorder.

9. California State Office of Traffic Safety Driving Under the Influence Grant – Avoid the Five DUI Campaign – Nevada County
RECOMMENDATION: Approve acceptance of an Office of Traffic Safety Driving Under the Influence Grant and budget transfer to accommodate the grant funding

G. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND / OR ANY ADDED AGENDA ITEMS

I. ADMINISTRATIVE

10. Personnel Commission Interview Panel
RECOMMENDATION: Appoint two Council Members to interview applicants for two open positions on the Personnel Commission with terms ending January 1, 2012 and January 1, 2014.
Human Resources Manager Michael Lewis presented this item to Council. Council Member Miller moved and Council Member Poston seconded to appoint Vice Mayor Arbuckle and Council Member Cookson to the Interview Committee for the Personnel Commission. The motion carried by a 5-0 voice vote.

H. PUBLIC HEARING

11. Ordinance No. 708 an ordinance of the City Council of the City of Grass Valley requiring the licensing of tobacco retailers
RECOMMENDATION: To take the following action: 1) Conduct the public hearing; 2) Waive the reading of the ordinance in its entirety and read by title only and 3) introduce Ordinance No. 708 an ordinance of the City Council of the City of Grass Valley requiring the licensing of tobacco retailers and amending the Grass Valley Municipal Code by adding chapter 5.56 tobacco retailer licensing.
City Administrator Dan Holler presented this item to Council and Council Member Cookson also supplied background information regarding this item. The Mayor opened the Public Hearing and the following persons came forward in opposition to this ordinance: Don Hoffler, David Tannenbaum, Ken Crocker, Dean (unable to hear last name), Lowell Robinson and Mitch Garvin. The following persons came forward to speak in favor of the ordinance: Felicia Sebonia, Lynn (unable to hear last name), Shannon Glaze, Shawn Kibnee and Sharon Turner. The Mayor closed the Public Hearing. Council Member Cookson moved to 1) Conduct the public hearing; 2) Waive the reading of the ordinance in its entirety and read by title only and 3) introduce Ordinance No. 708 an ordinance of the City Council of the City of Grass Valley requiring the licensing of tobacco retailers and amending the Grass Valley Municipal Code by adding chapter 5.56 tobacco retailer licensing and to have staff revise the wording in the ordinance to address the questions raised during the public hearing. Vice Mayor Arbuckle seconded and the motion carried by a 5-0 roll call vote.

I. ADJOURN
The meeting was adjourned at 9:00 p.m. by Mayor Swarthout.